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HomeMy WebLinkAbout1993 S StiX P OOC~~ OCf ~~oo`T/Q ~0~ ~ H AODQ 4 f 4 - ~ Q Q M. t`[C~QQO aQQa6aao i ~ 3 I , COAiTMCTS E 1993 If 1 E i4 P '1 S 1r1 ' Y it l, nth ~ 4!~ l } CONTRAC'T~'_ 1993 AIDS Denton Anthony Services Architectural Utilities, Inc. Bank One, Texas, National Association Walter C. Barrett, Inc. Barson Construction Inc. Bowden's Guaranteed Hydromulch and Sod Inc, Jim Bowman Construction Inc. Brazos Robert & Elinor Caldwell William J. Schultz, Inc./dba circle "C" Construction Company Community Food Center Corgan Architects Craig H. Cosggray/dba Crossed Saber Productions Joan Davis DBR Construction Company, Inc. (2) Dean Electric, Inc./dba Dean Construction Denton City-County Day Nursery Dickerson Construction David Duffield Co., Inc. (2) Dustrol Inc. Baker Shiftlett/EMCON Clifford E. Fogus Company Galva Foam Marine Industries Henningson, Durham, & Richardson Hope, Inc. Jagoe Public Co. (4) J+ i Job Training Partnership Act (JTPA) Layne-Texas/A Division of Layne, Inc. Lutz, Daily, and Brain National Abatement Services Inc. North Centrnl Texas Council of Governments (NCTCOC) Randy Nusbaum Oscar Renda Contracting Inc. Paddock Southwest Inc. Pate Bros. Construction Inc, Retired Senior Volunteer Program (RSVP) + Floyd Smith f Southwestern Laboratories Steele-Freeman Inc. Southwest industrial Construction, Inc, Sun Commercial Roofing, Inc. Sunmount Corporation Diane Swint Texas College of Osteopathic Medicine Texas Department of Transportation Commission Fs W'00R1X1A30l.DBI AGRZ MOT BBTREEN TUB CITY OZ DENTON AND AIDd DEl1TON This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City ;tanager, pursuant to ordinance, hereinafter referred to as CITY, and AIDS Denton, P. 0. Box 13427, Denton, Texas 76201, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban development under Title I of the Housing and Community Development hot of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for the AIDS Denton Nutrition Program; and WH: M&A, CITY has designated the Community Development office 6 as the division responsible for the administration of this Agree- went and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the perfor- mance and accomplishment of the conditions hereinafter described. 4 E TLR1t I I• --1 ! This Agreement shall commence on or as of October 1, 1993, and shall terminate on September 30, 1994, unless extended by the City. Requests for extension must be in writing and are to be submitted to the Community Development office on or before the Agreement r, termination date. t~ RENPONRIBILITINS CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activitina described in the Work state: sent attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. s CITY will consider CONTRACTOR'S executive officer to be CONTRAC- TOR's representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. I The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this Agree- ment. CITY18 OBLIaATTOV A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project bu provision of dget included as a part of Exhibit B. Notwithstanding any other the Agreement, the total of obligations made or incurred by CITY hereunder all shall not exceed the sum of $50000.00. as Xeasure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR? CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B. sub- ject to the limitations and provisions set forth in this section and section VII of this Agreement. t t (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement, t If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within f a reasonable time after such fact has been determined. CITY i ; may, at its option, either educe the amount of its liability, as specified in Subsection A of this Section or turmi.nate the Agreement. If CDBG funds eligible for use for purposes of i this Agreement are reduced, CITY shall not be liable for fur- ther payments due to CONTRACTOR undar this Agreement. (2) It is expressly understood that this Agreement in no wuy obligates the general Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: s (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Sec- tion 1; (c) is not in strict accordance with the terms of this Agreement, including all exhib- its attached herstoi 1 PAGE 2 (d) has not been billed to CITY within thirty (30) calendar days following billing to CON- TRACTOR, or termination of the Agreement, whichever date is earlier; or (a) is not an allowable cost as defined by Section .XI of this Agreement or the project budget. i (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CON- TRACTOR requiring prior written authorization from CITY, or 'h after CITY has requested that CONTRACTOR furnish data concern- Ih ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. f (5) CITY shall not be obligated or liable under this i Agreement to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV C0KPLXAVCE =TX MIRAL. MATE and LOCAL LAW$ A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the rederal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 2974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of thre Housing i 1 and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFI;. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or E revised, it shall comply with them, or notify CITY, as provided in ! Section XXIV of this Agreement. i CONTRACTOR agrees to abide by the conditl.-?•is of and comply with the requirements of the office of Xani- tenant and Budget Circulars Nos. A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. PAGE 3 } .tom.;=•~~ V. REPRESEIITATIONG A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agree- ment on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR j or the person signing the Agreement to enter into this Agreement. COFMACTOF. is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. i vie PIR?ORMAMCS BY CONTRACTOR I CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY r, and in accordance with all other terms, provisions and requirements of this Agreement. i No modificat!'ons or alterations may be made in the Work State- went without the prior written approval of the City's Community Development Administrator. V11. PAYURNT8 TO CONTRACTOR A. Payments to Contractor, The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $5,000 for services PAGE 4 k rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CONTRACTOR's failure to request reimbursement on a timely basis may jeopardize present or future funding. Do szoess payment. CONTRACTOR shall refund to CITY within wor ten s Of been(paid bykCITY and whip TCITY at any timey thereafter determines: (1) has resulted in overpayment to CONTRACTORr or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the Agreement, should any expense or charge for which p payment has been made be subsequently disallowed or disa 1 or monitoring by CITY, the Department of Housing andoUrban Develop- ment, j ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. E Refundr of disallowed costs may not be made from these or any other funds received from or through CITY. D. Deobligatimm of rundo. expendi- ture rates deviate from CONTRACTOR In pthroov si corresponding actual spondi g on of a level of performance, as specified in Exhibit A. CITY hereby reserves the right to reappropriate or recapture any such under- expended funds. R. Contract Close out. CONTRACTOR shall submit the Agree- ment close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requuest ng reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. I At the termination of the Agreement, all unclaimed (30 days or = olden) salaries or wages must be returned to CITY in the following formatt (1) A cashier's check for the net aggregate amount pay- able to the City of Denton; (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. PAGE 5 11X11. RAR1tMMXIS CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. 8. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. ; 0. None of the provisions heroin contravenes or is in ron- flict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all nocessary action to authority such acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to wsy lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be doomed to have been repeated by the submission of ! each request for payment. A. During the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his authorized representa- tive: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of, the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgag- PAGE 6 i es, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the psrfor- MAnee of this Agreement and with respect to which CITY has ownership hereunder. of ac(c2o)untsSerell,cassin, pn tes~ or claims for money due or to become due. (3) sell, convey, or lease all or substantial part of its assets. (4) make any advat,oe or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item i of personal property purchased with funds paid to CONTRACTOR f by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, COh"MC OR agrees and covenants: national obThat the jectives statedy in shall be one of the 570 until 2997. August 31, (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 1997, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expenditures of nn-CDBQ funds for acquisition of, or Improve- ment to, the property, X* ALLOIM!!LB COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with s this Agreement and in conformance with the standards and provisions of Exhibits A and B. i B. Approval of CONTRACTOR's budget, Exhibit B, does not iE constithsrei prior written approval, even though certain items may order for the fo,llcwingptoobewconsideredhallowable costa~ired in 1 (1) Encumbrance or expenditure durii%, any one month period which exceeds one-twelfth (1/12) of Any budgeted line items for costs as specified in Exhibit a. PAGE 7 a (9) CITY shall not be obligated to any third parties, including uny subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. f (3) out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to the Personnel schedule incorporated in Exhibit B. f (6) Costs or fees for temporary employees or services. C (7) Any fees or payments for consultant services. (a) Fees for attending out of town meetings, seminars or conferences. } Written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or pur- chase services, equipment, or real or personal property. Any procurement or purchase which may he approved under the terms of j this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. YI. PROaRAK INCOXX A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or F received hereunder. Such earnings include, but are not limited to, Income from interest, usage or rental or lease fees, income pro- duced from contract-suppozted services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement. 8. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban j Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for operating expenses. These t fees or otiar grogram income will be deducted from the regular reimbursement request. PAGE 8 I C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, consti- tuter program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. XII. j BAINTRYANCE O? RECORDS ! A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the fu:,-As received under this Agreement, in compliance with the j provisions of Exhibit B, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for s financial management. CONTRACTOR's record system shall contain s sufficient documentation to provide in detail full support and ! justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and i liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. H. CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures ,if funds under :pis Agreement for the period of time and under the cursdi- tions specified by CITY. C. Nothing in the above subsections shall be construed to J relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. E D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to fi audit, examine, crake excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. E XIII. RsFORTS AND INFORNATION At such times and in such form as CITY may require, CONTRAC- TOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to m..tters covered by this Agreement. PAGE 9 CONTRACTOR shall submit rewlar performance reports to CITY no less than once each three months, with the first report due on or before December 1, 1993. The performance report shall detail client information, including race, income and other such statis- tics required by CITY. CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting as of the beginning date specified in Section II and furnish to CITY quarter- ly a report of all income received and funds expended. The first such report is due on December 1, 1993. 5s° If CONTTRACTOR receives federal funds in excess of $25,000, from any source, gr if for any reason an independent audit is conducted, the CONTRACTOR agrees to submit an audit conducted by independent examiners within 10 days after receipt of such. xIV. MONITORING AND RMCATION A. CITY shall perform on-site monitoring of CUNTRACTOR's performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goal►i and objectives,, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. i D. CONTRACTOR agrees to cooperate in such a way so as not to ` obstruct or delay CITY in much monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. I~ , E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written rrnort of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CON'TRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- f TOR. ZV. DIRSCTOW MfISTINAB i Paring the term of this Agreement, CONTRACTOR shall cause to be delivered to 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 CITY in a timely manner to give I adoguate notice, and shall include an agenda and a brief descrip- tion o: that matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of PAGE 10 JI I the Board of Direotors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. XV1. IxsDRANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, con- manly referred to as "owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. t C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program f participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. E XVII. SQUAL OPPORTUNITY £ A. CONTRACTOR shall submit for CITY's approval, a written pits. for compliance with the Equal Empto ymsnt and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Agreement. a. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports re- quested 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. PAGE 11 i D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, City may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. ZVIII. PERSORPEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travels and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. Y2L CONIZICT OF II IMOT A. CONTRACTOR 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 Agreement. CON- TRACTOR further covenants that in the performance of this Agree- ment, no person having such interest shall be employed or appointed as a member of its governing body. a. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess a4y 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 I family, business, or other ties. C. No officer, member, or employee of 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 Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interestt or (2) have any interest, direct or indirect, in this Agreement or the proc-%eds thereof. 7IY. MOTION CONTRACTOR snail not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR'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, PAGE 12 ,yysy1Y i half-brother and half-sister. III. POLITICAL Olt SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. j B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. IIII. MLICITY A. Where such action is appropriate, as determined by and upon written approval of CITY, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement in any news release, sign, brochure, or other advertising medium, dis- seminating information prepared or distributed by or for CONTRAC- TOR, mention shall be made of the U.S. Department of Housing and Urban Development funding through the City of Denton having made i the projeot possibleo e. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When material t not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title pager This document is piapared in accordance with the City of Denton0s Community Development Block Grant Pro- gram, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or I other appended documentation to any proposal, ;-,,intent of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. r PAGE 13 I } k9u~.Pe f I I zYlxr. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submiLting any application for funding in accordance with the following procedures: A. When the application is in the planning stages, CONTRAC- TOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. H. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten fl (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. i C. CONTRACTOR shall not use funds provided hereunder, either fi t directly or indirectly, as a contribution, or to prepare applira- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XIM CBANOSS AND ANNNMNTB { A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among 1 approved line-items within budget categories set forth in Exhibit H without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. ~ C. CONTRACTOR will submit revised budget and program in- formation, whenever the level of funding for CONTRACTOR or the s program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modi- fications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. f PAGE 14 01 i u.x-w E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which or decrease in the amount of CO may include a compensation. increase Such changes shall be incorporated in a wrrittttenn ,amendmenthereto, as provided in Subsection A of this Section. i F Any alterations, deletions, or additions to the Contract Budget Detail incorporated An Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any in physical location for work performed under tis Agreement change least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. ~ It is e s of Exhibit Afar any understood that neither the performance Y program contracted hereunder nor the transfer of funds between or among said programs will be permitted. Zxv. 8V8F=]18IOX OF F0NDrXQ E Upon determination by CITY of CONTRACTOR': failure to timely E dutias operly perform each of the requirements, time conditions and provided herein, CITY, without otherwise have, may, at its discretion, and u limiting any rights it may r daywritten notica to CO Pon ten (10) working f ~k. Such notice NTRACTOR, withhold further payments to ! Officer and the Board of Diremay ofvCO by mail to the Executive set or f orth the default or failure allegedN~~the aThe notice shall 1 ! f cure. ction required The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (34) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has satisfied' CONTRACTOR may be restored to full compliancs atus and paid all eligible funds withheld or impounded during period. If, however, CITY determines that CO ~ the suspension into compliance, the provisions of SECTION XXV m ybe teasftectu tu come ,not Y ated. XlVI. TBRlUINATI0= A. CITY may terminate this Agreement with cause for any of the following reasons: (1) CONTRACTOR Is failure to attain compliance during any prescribed period of suspension as provided in section XXv. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. PAGE 15 i c 4 y (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; (o) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, state and local laws or regulations as provided in Section Iv, and Section XXIV (D), of this Agree- sent. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to 1 which CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. H. CITY may terminate this Agreement for convenience at any j time. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually Agreement, less payment total previously made CONTRACTOR covered by the C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR nay opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source wan not occasioned by a breach of contract asp defined herein or as defined in a contract between CONTRACTOR and the fuming source in question. PAGE 16 t r~ VIA 111 CONTRACTOR may terminate this Agreement upon the dissolution Of CONTRACTOR'S organization not occasioned Agreement. by a breach of this b• Upon :receipt of notice to terminate cancel, withdraw, or otherwise terminate any outstandN i ger$ao subcontracts which relate to the performance of this Agreement. CITY shall all not be liable to CONTRACTOR l or CONTRACTOR's creditors for any expanses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY b-: virtue of any breach of the Agreement by CONTRACTOR, and CITY ra + reimbursement to CONTRACTOR until such time as tte ex ct amountaof damages due to CITY from CONTRACTOR is agreed u,Non or otherwise determined. { Xk~II. i NOTIFICATION OIL ACT101! ;~XOUMM I in the event that any claim, demand, suit or other action is made or brought by any person(a), f{rm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (Z) working days after being notified of such claim, demand, suit or other action. Such notice shall state the ' date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person s corporation or other entity making such claim or t ( firm' or threatened to institute an t ' that instituted ypo of basis of such claim, action or pro ee ding; or proceeding; the and the person(s) against whom such clain is being made or threateened.fSuch written notice shall be delivered either personally or by mail. XMII. RIBCXliJB t A• CONTRACTOR shall not transfer, this Agreement or any interest therein,orlany claim arising there- under, to any party or parties bankJ trust company or other finan- cial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. INDIMIFICATION hereto0thattMY is contr&ting With COXTRhc1TOX as~an ind contractor and that as such, COMPACTOR shall save and hold CITY• its officers, agents and employees harmless from all liability eof PAGE 17 r nap nature or kind,, including costs and expenses for, or on account of. MAY claims, audit exaeptioae, demands, suite or damages of any character whatsoever resulting in whole or in part from the per- forsanco or omission of any employee, agent or representative of CONTgAermt. a. OONTRACTOA agrees to provide the defense for, cad to indesnify and hold haral*ss CITY its agents, employees, or Goa- tractors from any and all alaiss, suits, causes of action, desundn damages, losses, attorneys fees, expenses, and liabilityp srisiaq out of the use of the** contracted funds and program adsiaistration and implementation except to the extent caused by the willful act ar omission of CITY, its agents, employees, or contractors. C. In no event shall any payment to CONTRA any other act or failure of CITY to insist in y he, ore more instanaen upon the terms and conditions of this Agreement conatA tute or be construed in any way to be a waiver by CITY of any I breach of covenant or default which may then or subsequently ' t committed by CONTRACTOR. Neither shall such payment, cat' or o be mis. sion in any manner impair or prejudice an rit, power, viw l 'of or remedy available to CITY to enforce its rightshereunderhieh rights, powers, privileges, or remedies are always apecifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, t attachments, constitutes theca tire agreement between tthebits and hereto, and any prior agreement, assertion, statement, unders and-rties ing or other commitment antecedent to this Agreement, whether f written or oral, shall have no force or effect whatsoevers nor shall any agreement, assertion, statement, understanding, commitment occurring during the term of this Agreement, or s sew 4 quent thereto, have any legal force or effect whatsoever, unles9 properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. ,rr E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this 9 rules, codes, laws, ordinances or regulations n CITY tetthe ° aerty ultimate- ly responsible t- HUD for matters of compliance, pa have the 4 final authority to render or to secure an interpretation. F• For purposes of this Agreement, all official communion- tions and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth belows t TO CON a r'!mnn City Manager Director City of Denton 215 E. McKinney St. AP. 0. IDS Denton Denton, Texas 76201 Dent Box 13427 Dton, Texas 76201 PAGE 18 IN WITNESS OF` o ]4 Agreement has been executed an this the _ day of 1993. N CITY OF BY: Y LL, Cl 7 XAXAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED im TO LEGAL T01M DEBRA A DRAYOVITCH, CITY ATTO::iEY BY: PTA ' j AIDS DENTON BY: r ABI" TILTON DIRE R ATTEST: i 1 ~...1 WARD 89MMARY i i r t k S 3 PAGE 19 r sxersr: ++xp AIDS Denton Work Statawmt Nutrition program The AIDS Denton pantry is open on Thursdays and Frifiays. The Agency currently has a Ttotal of 58 clients, with 35 cl!Le~nte being served by t11i pantry. he pantry is expeat*d to serve an average of 30 clients per Week and operate five days per week. In addition to food items, the pantry will distribute soap, shampoo, toothpaste, deodorant and other necessary hygiene items. t ! i r 1 } r ! I 444 PAGE 20 r'~r _ u I axmsa~r SID! Douton f budget nutrition frogran 1►vrod/hygiene $60 000 i i 0 i j f Y I 4 ry i ' i PAGE 21 t;"!c 1r a ` i 'i if I o~~~a~oaaao~~oV k .i o a s0°"~ t~oOnO ' Qt30aQ6b~0 -~;'I 1 j f E r` f j L 1! ' I IF I 1pA f ' I t.! . 1 j • I { YY4 f Y3.VYa CONTRACT AGREEMENT I { STATE OF TEXAS COUNTY OF Dmaw ) ( THIS AGREEMENT, red* and entered into this 30 day of NOVSI~BR A.D., 19W by and between ~nre riTV rnr nx~rri of the County of DLRTON and State of Texas, acting through TM D. SWW thereunto duly authorised so to doe ~ hereinafter termed 'ONNBR,` and i CBS, P.O. BOX 1984, DSr"p TEXAS. 76202 j r P of the City of DER" County of and State of TEXAS a hereinafter termed 'CONTRACTOR,' NITNBSSETHs 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, OONTRACTOR hereby agrees with OWNER to commoner and complete performance of the work specified below: RIP # 1432 - ABMOLITION 5 teiQrrrr_ •~n #n flf4 aAID1Dit of S9.7Sn nA and all extra work in connection therewith, under the terms as stated in the 3 General Conditions of the agreesents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, toola, € superintendence, labor, insurance, and other accessories and services nsaessary to complete the work specified above, in accordance with the conditions and prices stated in the proposal attached hersto, and in i accordance wLth all the General Conditions of the Agreurnt, the Special Conditions, the Notice to aidders (Advertis smont for lids), Xgstructiaw to I Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and i CA-1 0114: r~ t Other drawings and printed 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 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 Aanager of the City of Denton, Texas, or his designee under this agreement. 4 ` Indemnification s i 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 r error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard ;:o 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. i 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, 1 The COVMCTOR hereby agrees to commence work on or after the date k 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 h the General and by Special Conditions. Tice OMARR agrees to pay the CON"LACTOR in current funds the price or prices shown in the proposal# which forms a part of this oontract, such payments to be subject to the General s.d Special Conditions of the Contract. I CA-2 ©lUa i 01- i r IH WITNESS WVUWP, the parties of those presents have executed this ± agreement in the year and day first above written. f ATTEST; Cm or D OWN 8y ' ATTISST s ASi'lAOM! SERVICES a ~ By t • (SEAL) APPIbOM AS TO PWa City Attornsy CA-3 OU4■ i CITY OF DENTON INSURANCE REQUIREMENTS FOR CORTRACTORS Bidder's attention is directed to the insurance requirements below. It is bigbly recoatmended that bidders confer withtheir rsective i Submission the nsurance carriers or brokers to determine in advance of Bid ments as prescribed and pr availability he sin ! If Anraaateent and low bidd w abode- fails to comply strictly with the insurance peer bidder may be disqualified from award of the contract. Up that award, all insurance r trac bid obligations which the successfulnbidderal shall become have a ndut to tu maintain throughout the course of this contract, y 'B~.P$OV- I-8Z-021St ' j 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 b Denton, owner, the minimum insurance coverage as h f dicated 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 acmmenae any Work or deliver any material until he or she receives notifioation 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 specifications, and shall be maintained in compliance withethese e general specifications throughout the duration of the Contract, or longer, if so rated: 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 G Any deductibles or self-insured retentions shall be declared in the bid proposal. rf raquested by the City, the insurer shall reduce or eliminate Such deductibles self-insured retentions with respect to the City, or 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. F 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 i made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's i 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 r 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 I 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. E r ~iY rcr ADDITIo T~1st1BANCIE a~nmaer~~fg= 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 Contraat, or longer, if so noted: i APPROVED 12-18-41 I 7 F i Insurance Requirements Page 3 [st] A. General Liability Insurances } General Liability insurance with combined single limits of not less than 500,000.00 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 useds 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 OL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for promisee, operations, products and completed operations, independent contractors and property dainage 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. I [XI Automobile Li i+ity Iasur R9& Comprehensive or Business Automobile Liability insurance shall f be provided by the Contractor with limits of not less than _ 15W0000.00 per occurrence either in a single policy or in a ! combination of underlying and up',jrella 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) A 0"I'M rn I O 7 0 n t x 1 Insurance Requirements Page 4 [x) Workers Compensation Insurance i 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 $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ 1 Osaer's and Contractor's Protective Liab^ ilitv insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an ; I owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ `i rs Damao Legal Liability Insurance Coverage is required if Broad form C•,aeral Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. I j Prolessi I tiability Insurance Professional liability insurance with limits not less than _ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. AF?RIivED 12-1B-91 i i Insurance Requirements page 5 guilders, A3 D$ Tnauaa Builders' Risk insurance, on an All-Risk farm for 100% of the completedNamed Insured" a thebe ity ofd Denton and c and all subcontractors as their interests may appear. [ 3 1144. onal Ins &M Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If l such additional insurance is required for a specific contract, that requirement will be described in the "specific Conditions" of the contract specifications. { 1 i 000ED I I I I f I i i 1 - 4 1 810 NUMBER 13 32 BID PROPOSALS PN* f ~ 11 0 ` i o.dn, rn Im z of ; 3 DESCRIPTION nu WAN. PtMOE AMOUN' i DMQLITIOA G CLR&RrUG i S . i• 2141 R. uxxv RSITY DR. 1 $ p $ I 2. 613 WLTmfR GM ST. 1 3. 816 ALL= ST. S• SOS M=r or. i ~ 5. 405 R!?TH ST. 6. 905 MWl7tIlI1, ST. $ r jj I- I t Pr TOTALS ft 4d" ata above f.". daliwnd to Dwd", Taxes. ShWMrW orarr bs mods in data ww " o"WWIaa Wd o"I& frorrl raoalpl of ordrr. tarrrrt natlba F s In atrbinWW4 th* it bld, OW wrMor WGCJ that aoaptaeoa Of arnr or all bld Item by tna oft of DMtton, Tows witNMt a nMMOrlatlta psaw of twA oantltwa a oofftw. The *Wwmtad Wd P► omf MAI be Property prtoad, alpnad and mhmnad. .oQ fit- PC A~TND.t,r ,Gsrf Ma"Mom amore tiny Cft am 9I •3b,L 3p~Y r0f.onm b Hive { OOp~p obd000Qp0~O E p , C3 ~ y I ~ ~ Nr0 N S11 O00 ~a~0~p~44t1~~ E i i E s j p i 4 _ ~i I ~ 1~ I j 1 - I~ i ~ t i f i ~ "ei 1 ~ ".;y - _ _ - _ , I ~i i j' ~y 4i~~~~z~ y ~ ~ fa f~,,, `a• - 4nV1'/fh . d i CONTRACT AGREEMENT STATE Of TEXAS COUNTY Oy nHrroa TtlES AGREEMENT, made and entered into this 27 day of xvBrr. A.D., 19 43y by and between _ cxTr or ncN m r of the county or 0MfWW and State of Texas, acting through LWTD y laaRRrJ,L thereunto duly authorized so to do, i ~ hereinafter termed •ON=t* and tiUTTTI T`~DW.~ -Inn_ &gym mr vnamB, hr~cas 76110 i 1 of the City of IT wpm County of TARRANT ~ j and State of hereinafter termed 'CONTRACTOR.* 1tiTltEASMI That for and in consideration of the payments and agreements hereinafter mentionedr to be made and performed by OWNER, and under the conditions expressed in the bonds bearing *Von data herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID a 1486 - GNMMAL COKMOCTION AND REMMATION OF WA RECHMATIONAL CEaTSR in the amount of $118r394.00 i E and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement: and at his (or their) aim proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services neceaaary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance witb all the Ceaeral Conditions of the AgrNment, the spacial Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to i Bidders, and the Performance and Payment Hones, all attached bereto, and In f amordawo with the plans, which includes all maps, plats, blueprints, and f - CA-1 i 0114s I other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CORGMln AS An-, TW all of which are made a part hereof and col?.ectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and betweer 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 i 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, Texasp or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless j 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, employeeap 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. I 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 CDRZRACTOR hereby agrees to commence work on or after the date I establish, l:or the start of work as set forth in written notice to commence work and complete all work within the time stated in the pcopo"tp subject to such extensions of tine as are provided by the General and Special Conditions. I The ONNER agrees to pay the COUTRACMR in current funds the price or prices shown in the proposal, which forms a part of this aontract, such payments to be subject to the General and Special Conditions of the Contract. - I a CA-2 01248 im wrTms wazp ro the parties of these presents have executed this agreement in the year and day ;First above written. i CI Sy...... (SZ") ; 4 %Tml t i i cA ; / by r t D g -Aftgt~ vice resident i { is ) 1 s FBI ' ~ - ~ ~ttOt1l~' 1 } Ch-3 OU4s 14 , 14a'• Sh At PERFORMANCE BOND THE STATE OF TBXAS BAD a 3-isi-668 KNOW ALL MEN BY THESE pRESEN . COUNTY OP ( a 1 THAT we, ARCHITECTURAL [1TILILiTSS IHC as Principal, and heat American insurance comoanv 136 _North Third street namilkon li0 4sOz46 as Surety, are hereby held and firmly bound unto the City of Denton, hereafter called Obligee, in the penal sum of $ is,,$94.00 which is the fall amount of Principal's contract with the named Obligee, for the payment of which sum the said Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally firmly by these presents. WHEREAS, the principal has entered into a written contract dated 4-27-93 with Obligee named, to do and perform certain construction work as provided in said contract and the related plans, specifications, general conditions and other contract documents, all of which are by reference made a part hereof. NOW, THEREFORE, the conditions of this Obligation is such that if the Principal shall faiti4'+lly perform all of the work in accordance with the plans, specifications general j ;xditions and contract documents, and shall faithfully perform each, every and all other obligations incumbent upon him under the terms of said written contract referred to, and shall fully indemnify and save harmless the ObHgee from all costs, expense and damage which it may suffer or incur because of Principals default, or failure so to do, then this obligation shall be void, otherwise it shall remain in full force and effect. In the event Principal shall default in the faithful performance of the work called for by said written contract, plans, specifications and contract documents, the Surety shall within 15 days of the determination of default (determined as provided in said contract, general conditions and contt d documents) take over and assume completion of said contract, or within such h 15 day period matte other arrangements satisfactory with the Obligee for completion of the contract, and said Surety shall become entitled thereupon to the payment or benefit of the balance of the contract price as the same matures according to its terms. The Surety, for the protection of the Obligee herein, waives notice of, and hereby consents to any subsequent modification or alteration both in the work to be performed by the Principal, and the consequent price or sums to be paid by the Obligee, as weft as any other chang1a, or aasendment, addition or deletion in the contract documents during the progress of the work, including but not limited to all extensions of time or other indulgences permitted the Principal, 16 March 1993 Performance Bond Form - 1 CAA 93013.00 1 ate,., Notwithstanding any other provaion, the liability of the Surety on this bond shall never exceed the penal sum stated in first paragraph. i This Performance Bond is given in compliance with the terms and r.w-ovisions of Artick 5160 of the Revised Civil Statutes as amended by Chapter 93, H.B. 344, Acts of the 72nd, Legislature, Regular Session, approved and effective 1991 particularly Section A(a) thereof; and this bond and All of the provisions herein contained shall be solely for the protection of the named Obligee which has awarded the contract referred to. The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and represent that it is duly authorized to do business in Texas. Executed this s th day of may r ! I Attest: i ARCH B iNc. Principal i i i i 19 ft Title 60144 M422 President Approved as to Form by Obligee: NEST Surety r~ ~ By By ~I ❑ id C. Oxford Tit1E ttorney-tn-Fact t NOTE: This bond must be payable to the awarding authority, City of Denton as the named obligee, and it must be approved as to form by such awarding authority. I 2. This bond moat be fhrnished before any work is commenced, 3. Surety must be a corporate surety duly authorized to do business in Taxes. 4. Tbis ls'ERFORMANC E BOND must be in tine full amount of the contract which it secures. 1 ' S. Power of Attorney from corporate Surety should be attached to this Performance Bond END OF BOND 16 March 1993 Performance Bond Form • 2 CAA 93013,00 PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY TIqESE pREsENIS. Cc' 'it-= OF THAT we, ARCHITECTf1RAL zLtTiss xac. We et American Tns I IIII,R!2.JQ2[ 121,11U as Principal, and Y"'+ 136 North Thir hereafter called at Surety, are hereby held and firmly bound unto the City of Denton, Obl♦gew for the sole use, benefit and protection of all claimants supplying labor and in the prosecution of the work provided for in the written wgterial (as ~ defined) 110 394.00Which is the WI pct hereafter referred to in th© pedal sum of S the t of which sum the amount of Prind s conrcact with the mud Obligee, for emecutorsq adminwmtor& and and Surety bind tbems9IM their heirs, said Prin r Successors, jointly and severally firmly by these peamts. WIMREAS, the principal has entered into a Written contract dated 4-27-93 with Obligee named, to do and perform certain construction work as prarolded in said contract and the related plans, apeoifications, general conditions and other contract documents, all of which are by reference made a part hereofa Obligation is such that if the Prindpat shall NOW, TII EFORE, the conditions of this Oblige p efinod) promptly moire payments to all claimants supplying labor and material (as hem caftercufidc a sp secutI of the work provided is documents, contract, the related plans, be in the pro cuments, then this obligation shall void, general conditions and other contract otherwise it shall remain in full force and effect. compliance with the terms and provisions of Article S160 of The Payment Band is gh►aa is 9b, H.B. 344, Acts the Revised Civil Statutes of the State of Texan amended Chapter e effective 3.991 asi Of the 72nd Legislature, Regular °n'° Particularly this bond are those Section A(b) thereof, and the claimants referred to sole] for the protection ! defined by such amendment to Article 5160, and this bond shall of all such claimants supplying labor and material as defined in such amendment' in the i for in said contract, and shall be for the use of each such prosecution of the work provided claimant and one others. The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and represent that it is duly authorized to do business in Texas. CAA 93013,00 16 March 1993 Payment Bond Form -1 k i 1 i Executed this nth day of Mav 19 93 . AR IT C T *S, INC. ct~ AttEat: By Title H• a Al umba Vice Pre roved as to Form by Obligee: Surety WEST RICAN HSVRANCE CU1YiP ~ C~ ! B xJ DaV c. 0 and •nde Att rney-in-Fact i E NOTE: 1. This bond moat be payable to the awarding aut3abdty, city of Danton as the named obligee, and it moat be approved as to form by such awarding authority. j 2 nis bond must be furnished before any work is commenced. I 3. Surety must be a Mprate surety duty authorized to do business in Texas• 4. 'This PAYNMT BOND must be In the FM amount of the contract. I`--- ' S. Power of Attorney from Cnrparate Surety should be attached to this Payment Bond. j END OF BOND i f i r 16 March 1993 Payment Bond Form - 2 CAA 93013.00 i,RlPi iM}1'Vi4'a CERTIFIED COPY OF POWER OF ATTORNEY WEW AMERICAN INSURANCE COMPANY Au1W,"TM on~r, Humroly, Oleo No. 8I8 Anafa Al Ecam 5~ ~[~ese ~rnmtt: That naES'r of +uthotity granted by Arricle Settiod l o! the B . AMERICAN INSURANCE COMPANY, in purappntance David C. Oxford or Steve Rickenbacheryor Helen Zooo or don h" y nominate. constitute ad oint: Rudolph Norris or Clinton Norris or Michele Degnon - - of its true and lawdyl sent and anorney •in•faa, ro make. earctuu Q81id5, Texas - its as and deed any utd al! HOTId ZMp TA GS, sad RECOG said NmANCESAnd ~t~ for end on in behalf as sat _ _ - - and as ,And not in any tingle instance 515 MILLIOi: - - _ _ _ _ _ axe udiag, however, any bond(s) or undertaking(s) Suarmteein the a - - - _ _ - s -thereon 6+ ~QQ+QQd.00 -)Dollars, g pa yttteat of Dom and iatarett An the ~ do n ofroeach bonds or undtrt&W ists in p of these praenta said elected of & Compaall ny in its office in p~obam duly awned and ~ieknorlidBupon dy the q' o~Y Leta! hereunder a' ' ~ PrnPe+ Pa+ostn. n+tlee'~ +ttperxdes any Pmviuu authority bum ion granted the above named aaoraay(s)-in.fitte ht WITNESs VCI-TEREOF, rho dni' Insurance company has hereuaw ud hisBaed officer of the said Wort American the "t biscribie said West American Insurance Co p r rhia 14tOar ~ 31fB~ •f e ° and ly of Co+ Ja Mena seal of the n/u/ary 19 92. STATE Or OHIO, COUNTY OF 8UTLBR Via Fresh," On 61a 14th day of January Co is ed nod D. I! ah b~tr the subscriber, a t4 ftL7 P'uWic of the ::ate of Ohio, in and for the of Balar. , t0°tmi92 John teal sad rim president of WEST AMERICAN "URANCE COMPPANY. to personally ly ui known to iii toed a the the and who aerated the pewcaliag mistriumnint, &W he led, the w 21 of the d that the nsame. ad o 161ted mngthe~p to mom nt is ~~`t ~ he is this AM Of the ~panY, and do &&~td~ ~ ad mi ~'d an signature orpatao'on a endear Waste duly and euhscribed to the said iomnmeat ~eRaatr Sol and W C by the wthotity aced dfreaiow of the said ! qr IN TFSTTMONY WHEREOF, I law heaaneo set in hand and Seal at rbe City of ffatoiltoo, State of Ohio, and ra ebewe >8~ed my official I s Aat• NOyrI m of Dula. Ohio my C"tm~aim ettpira hism ~ of anoraey, to pmad under and by authority of Article vL Seetian I of the fro ft" By-[ours of the Com 1 SECTION f. APPOINTMENT OF RESIDENT OFFICERS The Chairman of ARTICLE Yl ?anY, estraecs mt'nth W P°War ~ ettty to appo soy Vice Pr or m a itableGiegs ` vlcs rra den a omr a ter dent by ;;4ci sppotn ePP~ sae or oro 'a ea to Mocant"W y and all bb"da, ~`WO1' 11 mtay*r ptaram*r sad execute, Wuneh she ibeet, ne, kits mn, m~ruramdrte fare arsm ~dSI"vt° undertel4v or other the of N aatnow`6e &VI, Corp* ( or poll 4hip or wa, +epraeaative "'ra°ue ned OF y at divisio. ooun This Kan ~e+~ of any County or sate, or the United Stets of Amer, at to any , or to aer other h. Pent 2~~,1trb, and Mskd factianile in auchori:ed by the following F•solutioa pohucal sob RF50LVED, T1uhe adopted by the direetors of the attorneys is the at tat *m ~ officer of the Campwn mho,,e ed Article V4 Section 4 of the B fact. of the Of anomey aced the seal of the Company maybe affued n(a~csim;u to y °g to the eornctaess of yn r'~ to appoint of the Company. Such of the signatures and s :J are hereby by ed by dia 811 In g Y mPr of a and bidding upon the Company with the same force and eff adopt ppaann taril sesl ect :s though manually affitced, ~ signatures to be valid ' T. the undersigned Assistant Sect CERTIFICATE of Attorney. Article VI Son of Wen American insurance Company, do hereby certify that the foregoirg power f the and correct copies and are in full fom and affection this date. company and the above Resolution of in Board of Directors are true nY Wr NESS WHEREOF, I have hereunto set my hind and the seal of the Company this Sth day of May A.D., 19 93 4 J ,:r3 tatr8 : ~ s,. 1 - 81tY'esv 1 i I SUppLEMENTARY CONDITIONS TO THE CONTRACT 1.01 SUPPLEMBIV'IS• The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction," AIA Document A201, Fourteentb Edition, 1987. Where any Article of the General Conditions these supple menu, the unaltered pro ~f that Clause thereof is modified or deleted d by tause shall remain in effect. Article, Puragrapb, Subparagraph o 1.02 REFERENCE TO DIMON 1: Where *Irovlslons of General Conditioof those paragraphs an ns relate to project ada*dstrative or work-related d suppleraeated by Sections of ~ dents of the Con>1'act~ of the peclficadons. g Division it "oMore Reore ARTICLE 1; GENERAL PROVISIONS 1.2 EXECUTION, CORRELATION AND RnT.NC Add the foli use 1.2.3.1 to Subparagraph 1.2.3. a•Hing Cis 1.23.1 Should Drawings disagree in themselves or with Specifications and an not clarified by aAdendum, the better quality or greater amount o wilting, shall be perforn be estimated upon and, unless otherwise ordered by Architect w scale details Figures given on Drawings govern state measurements, and large- gover small scale drawiAgs. Add the f, Zo vft Subparagraph 1.2.6 to 1.2: f I workmanship and quality' of materials; ions determine nature and setting, locatioou 1Drawings establish the design, quantities, dimensions and details; schedules glve i ARTICLE 2; OWNER { ~ f 22 INFORMATION AND SERVICES REQUIRED OF THE OWNER Delete Subparagraph 22.5 and substitute the following: 22.5 The Contractor will be furnished, free of charge, 15 blue-line print sets of the DmSs 15 copies of the Project Manual. Contractor will oat of reproduction and additional copies as he may require, provided Contractor pays P and handling. 16 March 1993 SUPPLEMENTARY CONDPTIONS - 1 CAA 93013.00 awxsin ARTICLE 3; CONTRACTOR 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR IF } Add the following sentences to Subparagraph 312: r, If a dimensional discrepancy exists, the Contractor shall take field measurements required dPi for the proper fabrication and installation of the work. Upon commencement of any item of work, the Contractor shall be responsible for dimensions related to such item of Work and all make any corrections necessary to make work properly fit at to additional cost to a the Owner. i 33 StiTPERMON AND CONSTRUCTION PROCEDURES 1 Add the following sentences to Subparagraph 33.1: Contractor shall bear sole responsibility for design. and execution of acceptable trenching and shoring procedurm in ac em-dance with State of Texas HB 662 and HB 665. On trench excavations in excess of five !feet in depth, Contractor shall pay a qualified engineer to prepare detailed plants and specifications directing Contractor in the safe execution of trenching and shoring, unless other procedures are reviewed and accepted in writing by the applicable authorities prior to commencing trenching work. Add the following sentences to Subparagraph 3.33: t Before ordering any material or doing any work, the Contractor shall verify all dimensions j and check all conditions In order to assure himself that they properly reflect those on the Drawings. Any inconsistency shall be brought to the attention of the Architect. In the event that discrepancies occur between ordered material and actual conditions, of which the Architect was not notified beforehand, costs to correct such discrepancies shall be borne by the Contractor. i 3.4 LABOR AND MATERIALS Add the following Subparagraphs 3.4.3 and 3.4.4 to 3A ' 3,4.3 After the Contract has been executed, the Owner and Architect will consider a formal request for the substitution of products in place of those specified only undeu the - conditions set forth in the General Requirements (Division 1 of the Specifications). 3.4.4 By making requests for substitutions based on Subparagraph 3,4.3 above, the Contractor: 16 March 1993 SUPPLEMENTARY CONDITIONS - 2 CAA 93013,00 L .1 reproscnts that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; .2 roprosents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; .3 certifies that the cost data presented is complete and includes all related costs under this Contract except the Architects redesign costs, and waives all claims far additional costs related to the substitution which subsequently become apparent; and .4 will coordinate the installation of the AocVW substitute, making such changes as may be required for the Wv.x to be complete in all respects. ARTICLE 4; CLAWS AND DISPUIM j 4.2 ARCFIITECT'S ADMna=ArON OF THE CONTRACT Add the following sentence to Subparagraph 4.2.3: The Architect will have no control over or charge of and will not be responsible for UM or omissions of Contractor, subcontractors, or their agents or employees, in regard to design arW execution of acceptable and appropriate trenching and shoring operations. 1 Add the following sentence to Subparagraph 4.2.7: The Architect will not bb, responsible for reviewing or acceptance of Contractor's means and methods for Wmcft and stoning obligations required wider Paragraph 3.3. 4.3 CLAIMS AND DISPUTES Add the following Clauses 4.3.8.3and 4.3.8.4to Subparagraph 4.3.8: 7 4.3.8.3 Abnormal weather conditions not rawnable anticipated shall mean weather eonnditions which prevents work on the project which have a direct effect on the Contractor's predefined criticet work sequence. Contractor's schedule shall take into consideration normal seasonal weather condltions number of precipitation days per site directly dmon er th (as defined related eddy days the National Weather Service 30-year average) along wi~ to the precipitation days indicated. 4.3.8.4 Contractor shall notify the Architect within 5 calendar days after the start of any such delay. 16 March 1993 SUPPLEMENTARY CONDMONS - 3 CAA 930I3.00 wpgess~ a 4.5 ARBITRATION Delete Paragrapb 4.5 and Subparagraphs 4.5.1 through 4.5.7, inclusive, In their entirety. ARTICLE 5; SUBCONTRACTORS 52 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK i Add the following Clause 5.2.1.1 to Subparagraph 5.11: 5.21.1 Not Inter than 30 days after the date of the executed Contradx, do Contractor shall furnish in writing to the Owner through the Arebitect the names of persons or entities proposed as mamtkcturers for each of the products identified In the Gmeaeral Requiremews (Division 1 of the Specifications) and, when applicable, the name of the insWft Subcontractor. ARTICLE CHANGES IN THE WORK _ i 73 CONSTRUCTION CHANGE DIRECTIVES 73.6 In the first sentence, delete the words "a reasonable allowance for overhead and profit" and substitute the words "an allowance for overhead and profit in accordance with Clauses 73.10.1 through 7.3.10.6 below". Add the following Subparagraph 73.10 to 73: 7.3.10 In Subparagraph 73.6, the allowance for the combined overhead and profit included in the total cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor's own forces, 10 # percent of the cost. .2 For the Contractor, for Work performed by the Contractor's Subcontractor, 30 percent of the amount due the Subcontractor. .3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractors or Sub-subcontractor's own forces, a =tually- acceptable fixed fee or percentage of the cost, maximum 10 perew of the cost .4 For each Subcontractor, for Work performed by the Subcontractor's Sub- subcontractors, a mutually-acceptable fixed fee or percentage of the cost, maximum 10 percent of the amount due the Sub-subcontractor. 16 March 1993 SUPPLEMENTARY CONDMONS - 4 CAA 93013.00 WAA" .5 Cost to which overhead and profit is to be applied shall be determined in accordanoe with Subparagraph 73.6. .6 In order to facilitate checking of quotations for extras or credits, all proposals, except those to minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major costs items are Su',iconwwts, they shall be itemized also. In no case will a change involving over $100.00 be approved without awl itemizatk.- ARTICLE 8; TIME 8.1 IDEF24MONS Add the following Subparagraph 8.1.5 to 8.1: &1.5 Claims for ate nsion of time shall be stated in whole ar half calendar days ARTICLE 9; PAYMENTS AND COMPLETION 93 APPLICATIONS FOR PAYMENT Add the following sentence to Subparagraph 93.1: I The form of Application for Payment shall be a notarize d ALA Document G707, Application and Certification for Payment, supported by ALA Document 0703, Continuation Sheet, ! submitted in quadruplicate. Add the followhq Chum 93.13 through 93.1.6 to Subparagraph 93.1: 93.1.3 Until Substantial Compledot, the Owner shall pay 95 percent of the amount t due the Contractor on account of progress payments. j 93.1.4 Contractor is to submit to Architect within 15 days of execution of ' Owner/Contractor Agreement proposed sample of Lien Waiver and Bills Paid affidavit i forma for review and acceptance for this Contract. 93.1.5 Monthly Applications for Paymmt shall include waivers of liens for all work included in the previous months' application for payment. Waiver of Dens for the subcontractors and materlaimen shall be the total amount paid prior to the previous months' application for payment, 16 March 1993 SUPPLEMENTARY CONDITIONS - 5 CAA 93013.00 1 11M1'N•,f1 . 1 i j 9.3.1.6 With each Application for Payment, Contractor shall certify that such Application for Payment represents a just estimate of cost reimbursable to the Contractor under the terms of the Contract Documents and shall also certify that there are not any Mechanics' or Materielmens' Liens outstanding at the date of this Application for Payment, that all due and !sayable bills with respect to the Work have been paid to date or shall be paid from the proceeds of that Application for Payment, and that there is no known basis for the film; of any Mechanics' or Materixlmeus' Liens against the Surety in connection with the work, and that waivers and bills paid affidavit forms from aU subcontractors and materialmen have been or will be obtained in such form as the Owner may require. 95 DECISIONS TO WITHHOLD tCERTMCATION Add the following Clause 9.5.1.8 to Subparagraph 95.1: .8 failure to submit written plan indicating action by Contractor to regain time i schedule for completion of Work within the Contract Time. I 9.10 FINAL COMPL anoN AND FINAL PAYMENT j Add the following Clause 9.102.1 to Subparagraph 9.102: 9.102.1 In addition to items listed in 9.102 to be submitted before Final Payment will be made or remaining retainage released Contractor dial deliver items required by Section 01700; Contract Closeout of the Project Manual. ARTICLE 11; INSURANCE AND BONDS 11.1 CONTRACIIOR'S LIABILITY INSURANCE 11.1.1 Add the following sentence to 11.1.1 Contractor's insurance shall be placed only with companies that have achieved at least an OR rating with A.M. But. Delete the semicolon at the end of Clause 11.1.1.1 and add: including private 3 entities performing Work at the site and exempt from the coverage on eccount of number of employees or occupation, which entities shall maintain vohsntzay compensation coverage i at the same limits specified for mandatory coverage for the duration of the Project. i f 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 11.1.1.1 but required by the Contract Documents to provide the insurance required by that Clause; i 16 March 1 SUPPLEMENTARY CONDITIONS - 6 a A 93013.00 q+'•a•yv&pk 9P Add the following Clause 11.1.2.1 to Subparagraph 11.1.2: 11.1.2.1 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 broken to determine in advance of Bid submission the availability of insurance certificates and endorsements as prewribed 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 insarance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD MQYjUQX 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 the with the Purchasing Department satlsfaetory certificates of insurance, containing the bid number and title of the project. Coutractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are j 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 except;on has been submitted with the bid. Contractor AM not continence any work or delhw wV materW until he or the recelm notification that the contract has bow accepted, approved, and tigaed by the City of Denton. All insurance policies proposed or obtained in satisfaction of thwr+ requirenunts shall comply with the following general specifications, and shall be maintained in compliance with these general specifics,. ons throughout the duration of the Contract, or longer, if so noted: 3 i 0 Each policy shall be issued by a company authorized to do busfnesa in the State of Texas with an A.M. Best Company rating of at least A a Any deductibles or self-insuted retentiem shall be declared in the bid ' prrposal. If requested by the City, the insurer shall reduce or eliminate such c : ,iacdbles or self-inured 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. 16 March 1993 SUPPLEMENTARY CONDITIONS - 7 CAA 93013.00 r • Liability policies shall be endorsed to provide the following: 41 Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • 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. • All policies shall be endorsed to provide thirty (30) days prior written notice of caaceliation, non renewal or reduction in coverage. a Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of f this contract and, without ]apse, for a period of three the contract expiration, such that ocxurrences arising 1~ beyond which give rise to claims made after during the contract tare expiration cf the contract shall be coveret • tSdincaW Of he Insurance be provided under a form of comae general annual aggregate limit providing for claims investigation or legal defense costa to be included in the general aaawai j aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective LipbMi-y Insurance, i Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receiver satisfactory evidence of reinstated coverage as required by this oamraot, effective as of the lapse date. If insurance y,, at its sole option, terminate this agreement effective reinstated, City ffec7ive not on the date of the P s All insurance policies proposed or obtained in comply with the Poll satisfaction of this contract shall additionally these additions) Ong marked specification.% and shall be maintained in compifaaee with noted: specifications throughout the duration of the Contract, or longer, if so i 16 March 1993 SUPPLEMENTARY coNDMONS - $ CAA 93U13.00 WA~h R•-'fap y [xj A. 00111111 i t1itY insurance with combined single limits of not less tbaan policy sisal] be written be Tided and maintained by the contractor. The occurrence basis either in a single policy or in it combination of underlying and umbrella or excess policies, 11116 Commero W General liability form (I50 Form CG 00ol current edition) is used; • Coverage A shall Include premises, operation, products, and computed operations, independent eontracrors, eonmwtnal liability covering this contract and broad form property damp coverages. • Coverage B shall include personal injury. f Coverage C~ 'nedical payments, is not required U the Comprehensive General Liability form (LSO Form C;L 0002 CtiVrent Edition and ISO Form CIL 0404) is used, it shall include at least; J~ j os Bodily oa and AMY Damage Liability for premises, m ad prop" damage re&,w C COMpse or underground (XM exposures. • Broad form amtractual liability (preferably by endorsement) property dthis amage~liability. liability sad broad form ;E (xl r Comprehensive or Business Automobile Liability Contractor with limits of not Seas than 0~ a be provickd per oceurrem eitherI the In a single policy or in a combination of underlying and umbrella on excess policies. The policy will include bodily injury and property damage liabtli operation. and maintenance of all automobiles and8 out of the nctfom with this contract including owned, e equipment now t vehicles and employee non-owned use. Scheduled auto mobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA th Current Edition) 0001 16 March 1993 SUPPLEMENTARY CONDMONS - 9 CAA 93013.00 ."Gh51 1 1 XI Contractor shall purchase and maintain Worker's Compensation insurance which, In addition to meeting the minimum statutory requirements for issuance of such insurance, lax Employer's Liability limits of at least $100,000 for each acdde4 $100000 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 am work performed for the aty by the Named Insured. Add the following Clauses 11.1.2.2 and 11.1.23 to Subparagraph 11.1.2: 11.122 Each policy of Insurance listed above to be purchased and nWnteiwd by the Contractor and each ardffcate of insurance for said insurance shall contain a complete waiver of subrogation against Owner, Architect and Architect's Engineers, Each cerdflcate SW also list Owner, Architect and Architect's Engineers as a party insured. 'The irnmu ty of the owner shall not be defame from the insurance carrier. 11.123 Contractor shall not commence work at the site under this Contract until he obtained all required Insurance and submitted appropriate certifications. Add the following sentence to Paragraph 11,13: if this insurance is written on the Comprehensive General Liability policy form, the i r Certificates sball be ALA Document 03705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 25S will be t acceptable 113 PROPERTY INSURANCE 1 113.1.1 Add the following sentence to C3ause 113.1.1; The form of Policy for this overage shall be Completed Value. Delete Clause 11.3.1.4 and substitute the following. 11.3.1.4 The Contractor shall stored off the site after written ode insurance coverage for portions of the Work approval of the Owner at the value established in the approval, and also for portions of the Work in trsasit. i 11.4 PERFORMANCE BOND AND PAXMENT BOND Delete Subparagraph 11,4.1 and substitute the following: 16 March 1993 SUPPLEMENTARY CONDTrIONS - 10 CAA 93013.00 i s.n:xn 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 usual source, twder the conditions listed below, and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to 104 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 shoA prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds*ll 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 E authorized to do business in the applicable jurisdiction of this Project. The surety upon any E bond furmahed in connection with this Contract shall be by a company holding a certificate of authority as an acceptable surety on Federal Bonds and as acceptable reinsuring fisted in the Federal Register of the Department of Treasury's latest annual ,cocompany f surety companies. The surety company or companies fiuraishing the surety bonds for this Contract =at h Each ent of Tmasury underwriting limitation not lest than the total amount of the bond shall be executed by the Contractor and the Owner. Should any surety be determined unsatisfactory at any time by the Owner, notice will be given to the Contractor, and the Contractor shall Immediately provide a new surety (complying with Article 11) acceptable to the Owner and at no additional cost to the Owner. This Contract shall not be valid nor will any payments be due or paid until approval of each bond by the i Owner. 4 ARTICLE. 12; UNCOVERING AND CORRECTION OF WORK 1Z.2 CORRECTION OF WORK l Add the following Subparagraph 12.2.7 to 12,2; j 12.2.7 Owner shall have the right to operate equipment until defects are corroded and i warranties met, and shall have the right to operate rejected equipment until it is replaced without charge for depreciation, use or wear, lb March 1993 SUPPLEMENTARY CONDITIONS - 11 CAA 93013,00 S' q ARTICLE 13; MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW Add the following Subparagraph 13.1.2 and 13.13 to 13.1: 13.1.2 Under the provisions of the applicable Statutes of the State of Texas, Contractors and subcontractors shall forfeit (as applicable) a a penalty to the entity on whose behalf the Contract is made or awarded, Ten Dollars (S lo.oo) for each laborer, workman or mechanic employed, for each calendar day, or portions thereof, such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under the Contract, by him or by any mibeontractor under him, 13.1.3 The general prevailing rate of per diem wages shall be the wage rate in accordance with the schedule as published by recognized industry organir"ons. The Contractor shall attach the schedule to the Contract when presented for signature. Add the following Paragraph 13.8 to Article 13: 13.8 EOUAL OPPORTUNITY 13.8.1 The Contractor shall maintain policies of employment a follows: 13.8.1.1 The Contractor and Contractor's Subcontractors shall not Wacriminate aps na any employee or applicant for employment because of race, religion, color, sex or national origin. The Contractor shall take affirmative action to insure that applicants are cork ed. and that employees are treated daring employment without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited tu, the fo roving: employment, upgrading, demotion ar transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for trebbg, including apprenticeship. The Contractor agrees to post in conspicuous plat e4 available to employees and applicants for employment, notices setting forth the policies of non- discrimination. 1311.2 The Contractor and the Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf; state that all qualiifed applicants will rec:aive consideration for employment without regard to race, sex or national origin. gym. Color' ARTICLE 14; TBRMNATION OR SUSPENSION OF THE CONTRACT Acid the following Paragraph 14.4 to Article 14: 16 March 1993 SUPPLEMENTARY CONDITIONS - 12 CAA 93013.00 tih'#w Fv%n. a 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.42 Upon receipt of such written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 Cease operations as directed by the Owner in the notice; .2 Take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and the affective date of 3 Incept for Work directed to be performed prior and termination stated in the notice, terminate all existing Subcontracts purchase orders and enter into no further Subcontracts and purchase orders. 14.43 In coo of such termination for the Owner's convenience, the Contractor atoll be entitled to receive payment from the Owner on the same basis provided in Subparagraph 14.1.2. Add the following Article 15 to the General Conditions of the Contract in its entirety: ARTICLE 15; ADDITIONAL CONDITIONS FOR LIQUIDATED DAMAGES 15.1 CONTRACTUAL PROVISIONS 15.1.1 It is hereby understood and mutually agreed, by and between the Contractor j and the Owner, that the date of beginning and the time for completion as specified in the Contract of the Work to be done hereunder are essential conditions of this Contract; and it is further mutually understood and agreed that the Work embraced in this Contract shall be commenced on a date to be specified in the 'Notice to Proceed". 15.12 Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such a rate of progress as will ensure full completion thereof within the time specified. It expressly understood and agreed, by and between the Contractor and owner, that the time for the completion of the Work described herein is a reasonable time for completion of the same. i 15.13 If the said Contractor shall neglect, fail or refhse to complete the Work within the time indicated by the Bidder in this proposal, or any proper extension thereof grunted the by the Owner, then the Contractor does hereby agree, as a part comsidwalon the not awarding of this Contract, to pay 4 the Owner the amount breach Con as here r set fin* as a penalty but as liquidated damage® for such for each and every calendar day that the Contractor- shall be in default after the time stipulat-d in the Contract for completing the Work 16 March 1993 SUPPLEMENTARY CONDITIONS - 13 CAA 93013.00 AHM4igl i1 V 15.1,4 The said amount is fixed and agreed upon the Owner because of the impracticality by and between the Contractor a~ and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, 15.1.5 . It is Panther Agreed that time is of the essence of each and ev Contract and of the SPeciSp~Ions whereto a definite and certain length ~ is fixed far the Performance of any act whatsoever, and where under the Contract an additional dw is allowed for the completion of guy work, the new time fixed by such, an extension shall be of the essence of this Contract, Provided, that the Contractor shall not be liquidated damages or any excess costs when the delay in completion of the Work is due: OTC Any ce, Priority or allocated order duly issued by the ernmem .2 To unforeseeable cause beyond the control and without the negl4MCe of the Contractor, including but not limited to, acts fault or or of the Public enemy, aces of the Owner, acts of another contractor to porlormauce of a contract with the Owner, fires, goods, i epidwn:W6 q e restrictions, strikes, freight embargo and some weather. ther. 3 To any delays of aubcontrwkn suppliers mooned by any of the causes apeciSed in subsection of t1 Article. J 25.1.6 j of such delay, unless Provided, p e s W the t~ ~ within 10 dayr from t settlement of the Contract, notify the owner S p&zW of a the P~ to the date of final * cause of the delay, who shall i ascertain the facts and extent of the delay and nottfyr the Contractor within a reasonable 1 time of its desisiou in the matter. w 15.1.7 . The Contractor hereby agrees to commence work under this before a date to be specified in a written "Notice to proceed" of the Contract on y t~l Protect on or before the time indicated by the biddees promo 7he consecutive Author agrees to pay, as liquidated damages, the sum given below for each i "Su lenun C day tbereafter as hereinafter provided in Article 15 of the tar]' onditioas of the Contract for Construction". Caleb Sttbstaatlal $Z00.00 Jh midnight of Contract Date. 15.1.8 Contractor and Owner agree that should Contractor Final Completion of the Contract more than 1S calendar further ~ t achieve days after the Date establ lished for 16 March 1993 SUPPLEMENTARY CONDITIONS • 14 CAA 93013.00 WWI Ji 1 4 Substantial Compledan, Owner shall contimne to be damaged to a lesser degree, by such delay. Contrador and Owner have estimated and aVved upon the amount of damages for each calendar day Final Completion is delayed beyond 15 calendar days after the date of Substantial Completion shall be as follows: Calendar days Final Allrod,dtm ner d Completion is delayed after achleving S10Q00 beyond midi J& of Date 15 calendar after &bstantiat C om ompletion. 15.1.9 Cnntrador agrees to PRY to Owner upon the demand the total damages due for any such delay (aWaW using *6 per diem damage figure dead as HqWd } damages and not as a panadty. Such damages shall be cummiative and not in lieu of any ! other rights or remedies of Owner against Contractor as a result of any breath by Contractor hereunder. OM OF SUPPLEMENTARY CONDMONS C E E di i t t ! i 16 March :993 SUPMZM MARY CONDITIONS - 15 CAA 93013.00 BID FORM a SUBMTIZED BY Architectural Utilities, Inr. (Name of Bidder) 300 West as 2%, For Worth Texas Mug (Address) Dear Sir: 110 undersigned, hav* examined the drawings, specifications, related documents, and the sites of the proposed work, and being fam#liar with all of the conditions su=undiug the wacky luebu usg the availability of materials and labor, hereby proposes to &raiah all labor, materials, and equipment required for Gem al Consaractim and Ruovatba of the Marft Luther KW& Jr. Recrudon Cmter in accordance with the drawings and project maims, prepared by Corgan Associates, Inc., Architects, for the lump sum BASE BID amount on BASE BID: NintXHM tho=MW three hSdrw and fortvf= dollW n=~ Dollars($ 971349.00 Note: Amotw shall be shown in both words and figures. In case of discrepancy, the aalC= shown in words shall govern. Note, The above amount does not include State of Texas Sales Tax j i The understiud affirms that the above stipulated ti tae bid suet represents the entire cast Per dra$Pedfic2dous, and scales, material addenda sad tbat nc shim will be made on aeraunt of arty increase in wage prices, taxes, insurance, oast indexes, or any other rates affecting the omanction fndustry and/or this project. t Should the Undersigned fail to deliver the signed Con m& or the required Bonds within the 10 day Period, the Bid secnritY accompanying this Bid will be forfeited to the Owner as liquidated damages, f Alterames: no undersigned agrees to the following additions or deductions from the Base Bid Stun if the listed alternates itemized below are accepted by the Owner. Alternate prices { hw!jde all variations in profit; omheed, bonds, insurance and similar related items, end represent the total cost to the Owner for each Alternate. 16 March 1993 Bid Proposal Form • 1 CAA 93013.00 qp I 1 i Date:_,Aur_ i 1 6 1 3 led Title B'-•Dou-s-A1-+xnba~ p_ i ~+resident Name of Firm Architectural utilities, Inc. Orpnked as a: (Marx one} Pard~mbip ~oi~ui,11Q '1ti7me Under the law of the Stat3 O~ micas f 148d s fi ~aa"; _ TlltllBt amaay Fort Worth, R1eza9 76110 iY 5, 1993 T4lephaae No. 817-926-4377 " i If Bid is by a affix seal above adder, END OF BID FORM f j t II, r 16 Mareb 1993 Bid ftpW Form . 4 , CAA 93013,00 RNPH.aX nt.c= Bee, AIIR aAA BaMJDIY~ 5~ ~iff3 n+a LsaTr~aLTrt a IIgU~O A{ YAT7i11 Pf wronwtioM L>Kr ADO Colstes 1NO IYOkT! LNPOON TTtE t7ER1M10AT7 HOLaElS TTN9 QHITIEIOATo (114) 691-5721 PAY 691-4lil DOl.~ FsOT AlItNO, ~T~p 01T ALT~1 TIN ppypu0~ A1p10~p~p 9Y rm southwest Assurance Group, iao COMPANIE8 AFFORD~N(i COVEIiA 9400 No Central Espwp., x.550 pE Dallas. Tz 75131-5044 , A TRAIISCONTIIIEETAL Ixs. Co. _ , ..._B CONTINENTAL CASUALTY .tsIBIMe ARCEITECTMM OTILITIESA INC. COYPAW C WIV. P. O. EOZ 11506 's.. ............r......... FORT WORTS* TEXAS 76110 D Lai .....E .......r....,.. DO 1170 00"WY THAT THE POU00 OF RMURAHCE USTED BELOW HAVE SEEN "JIM TO TILE MUSLIM NAM® ANOYE FOR THE FOUCY PENIOD NOW % NOnWF MTANMG ANY REpUN~AElT, nW OR CONONTION OF MY CONTRACT OR OTHER OOCINIENf *W F M W TO WHICH THIS CERIN9CATE MAY SE M" OR MAY PEITLAIN, THE INSURANCE AFFORDED BY THE POLICIES DEWR MIEN I$ SUBJECT TO ALL THE TETSNS. CONDITIONS .,~,,.KIL, IOY MI1~lIF1dM1. MAY. W; « .F.~r,~.'L.l Df.~,A *AV ..r ....~:..r,...... ~ LIMITS 1*' 801.11A10WT111M BP MORON NJOH...POLIICIM ............................~.d,68614 .r............p...........r...,........r.............. WANIM A00 tiF xi000~00 • a " O=K MT lT1BOTSB ~W A0a 1 000 00 05/01/93 ;05/01/!4:'IF0?"AL!.Aw-""fN :.[s 1A000t40.. ..;:,I OYAIl1'a a 0011111RAOTp4f PROS. i : FACn acculNe+a is 1 000 o 0 r.... R............ YjC01,50~. "'!~0h""r~.wrest......i! .............s0.►.00.,. LSO. (NN e+. , ware w..~1s AYIONOW WON" S C6.t.rED LAW 1.. X ANY ANJTD OS/~ 4 ;.~...........r 01/93 103/01/94 ioaarwuRY' j 00000 • IND ALL AVfO4 A PM weN.. . _ N*tcvAm ~ bDIr0iAa0 AUTDa ; is PA%W ^M GODLY KAW A1w I r.rr.r. 6. ...r......rr. KXIPM ii...,......r.........i ..r .......ii ......r.......r.....ii...ii..............i i.. i.n..i i...i i........i. ......i..... O.i.... ii..........:...................... r....... am Muslim EACH ODOUFOO" 9N 0000 00 . E € Y ;L1 Paw PLUS 2I000117 :05/01/93 OS 01 !4 AOa+EOAT. . SF OOOr,00 I alxal TNWI IA+.I1au Fast 11gRI0.Iy D6Nr~N11TION .TAtlITd1Y um . - A N,0 TYC MIMIM 451011i., 05/ 01/ 94_F!'p!." mff is _,.s00~ 00.•, 01.KAaE Pt7MLwrt...........,!........ .S00.L ..0.4... WWI~ MA RM ' o1 AeE • P,1a-.... LOYEB J. - ...00►.40_.. A€ 3VXLDERS RISK IN tTNM1111 05/10/23 05/02/94' .1INY OKS LOC. 1,500, o0 :TILL RISK DISASTER 30000,00 . . _ aasaBPIaNI or M/1.TM1/ia.a11011RMRUuawo ML R!» PROJ1 R=ATION OF IILK RECREATION CENTER pE' TON TI. ELAXKRT ADD'L INSURED XWO ON OEN.LIAE. ADDOL INSURED 66. TO Ci TIFICATEROLDER ON AUTO. WAIVER OV SUBROGATION IN FAVOR Of CERTIFICATEEOLDER ON WORK COW. 16 IND- 110 C22""R ON 11L SHOIAD ANY OF THE ABOVE Of9CRIBED POUCIEB BE CANCELED BEFORE THE CITY OF DENTON EXI W1TION DATE THEIEOP. THE ISSUMi4 COMPANY WILL ENDEAVOR TO PURCHASING DEPARTKUT MAIL --H DAYS IMIIITTTN NOTICE TO THE CENTTFICATE HOLDER NAMED TO THE 1300 RILSON STREET LEFT, BUT FAPWRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DENTONA TEXAS 76105-6269 x¢. LIABB.iTY OP ANY IOND UPON THE COMPANY, ITS AtiM 00 REPREDENTAMS. trR...NTTAtT1a 4. i. r opCppoo oaoaaat~o~ooD~ b0 ti ° lb ° • s o q ci 4 4 O V , ~~QOQ06400~CA 4 I I I R - Y ~ l . 1 f E f i PROJECT NO.S CONTRACT NO. ..7/ THE STATE OF TEXAS $ DEVErOPMENT CONTRACT COUNTY OF DENTON S Whereas, .:11i t:7l+s~a'w:''1eaa 'teac.3A++ hereafter referred to as "Owner," whose business address is 1117 Main Street, Dallas, Texas 75201 i is the leVIGN of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdictions and Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to an "City"I and I Whereas, - as a condition,.to the beginninq.of ,construotion of 1 said development, a development contract is required to ensure that a 11'. eri-md sewer lines, isa and other i improvements which are to be dedicated to the public, hereafter lj referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinancesf and (select applicable provision as follows) f, Whereas, the owner elects to construct the improvements without contractinq with another party as prime contractor, in t which case the provisions of this contract VAch refer to "Owner" or "Contractor" shall mean the owner as named above= or r r ULD Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Constructors and associates, Inc. , whose business address is 5601 Bridge Street, Suite 400, Fort Worth, Tends 76112 hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring 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 City0s specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as f I specified in Exhibit At attached hereto and incorporated reference, to be installed and constructed at 2110'Coiorado Blvd. • f Denton. Texas 76205 the Owner, Contractor and City, in consideration of their mutual promises-and covenants contained herein, agree as follows: i 1. Contractor agrees as follows: (a) ilioations. To ,construct and install the Improvements in accordance with the•procedures, specifications and ` standards contained in Division Ii and III of the Cityra 9 ~nar~ . 5nec$PiQations fem.- °"hlio Works onstrL ~ ~s.. Qt On i~nrrf~ n+ 4 , as amended, and all addendums thereto, and all oth*r regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 i *KW?ts r~ 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 CLty ngineeerL Insoigticns 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 or 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 ovary reasonable facility for. ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials usedr without suitable inspection by the city 'ay be•ordseid,ramov*0 and.. replaced at Contractor's expense. ~ upon tailors of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so dirsctssd, rejsatsd, unauthorized or condemned work or,•.materialst or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and xay 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 agreement to approve or accept the Improvements. n PAGE 3 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 Rpecifications for Public Works Construction, Ngrth Centrd,I Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," - used therein, shall mean the City of Denton. (d) Beans and Kethods of coDs=ction. That the means and methods of construction shall be such as Contractor may choose; y 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 8ngineer, assure that the Improvements were constructed in accordance with city specifications. 2, Mutual Covenants of Owner and Contractor, owner and { Contractor, mutually, agree. as,followip: . (a) Performance Bands: Eggl;ow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of a11.1 improvements that are to be dedicated to the public, the follow!.ng security requirements shall apply, unless the development is a "one lot development," as defined by City0s 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 faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City,- and shall be executed by a surety company authorized to do business in the State of Texas; or, n PAGE 4 i l'.ytlt✓s g4,' Y (ii} if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the city Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow Agreement ensur+,ng completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Sonde Assurance o Payment. That prior to acceptance of the Improvement's: (i) a payment bond will be furnished in an amount not less than one hundred percent (loot : of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the state of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regal:dless of the contract amount, are for'a.."one .lot-development,« as defined by City*i 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 an firm or corporation having furnished person, material or both in the construction of the bef re acceptance of the improvements satisfied and that prior to acceptance of the Improveements,, the Owner 'and Contractor shall furnish a written affidavit, in a form provided by the City 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 aid are no unreleased recorded lions filed against ththe Improvements, or land to which they-Are affixed, .that are to be dedicated to thA public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 Nrawa-e{ lrn!.Yw. material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainacre• Final Pavmen a, fThis 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 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 I~ otherwise satisfied. (d)~~. That 'upon completion and a ~ pproval or acceptance of the improvements of the City, the Improvements shall become the • property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements,, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they'ars affixed, the owner and 1 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 bf suoh claim, PAGE 6 kLHiM Y lien, charge or encumbrance, in favor of the city, to ensure payment of such claim, lien, charge or encumbrance, (e) Maintenance Rbnd- That prior to a of the Improvements by the city, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10*) of the contract amount of the Improvements, insuring the repair and replacement of all detects due to faulty material and workmanship that appear within one year from the date of acceptanoe. The bond shall be in favor of the City and executed by an approved shall be surety company authorized to do business in the State of Texas. (t) 14d9%a LtlSi; UM$ To indemnify, defend and savr► 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 ~ olkrations Of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the i contractor,, his agents, employees or subcontractors in construction f of the improvements; and shall pay any Y Y judgatent, with cojts, which I Bay be obtained against the City growing out of such injury or damage, (g) Acraeeent 92==LWna• That the provision of •this agreement shall, control over any conflicting provision of any contract between tha owner and Contractor as to the construction of the Improvements. PAGE 7 3 OCCUaan~v One Dc>vol92m Owner further agrees as follon~s: (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 $30000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the city may take whatever action necessary to restrain such occupancy. . (b) That if this contract applies to a "one lot development," as defined by City's Development Cade, 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 I constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants af,,,gity. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. yenue and Gavernina rte. The parties hdrein agree that this r 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. PAGE 8 i 6. sucgessor and Assigns. This contract shall be binding upon and inure to the benefit of the part.iet hereto, their respective successors and assigns. Exacuted.in triplicate this, day of October 1993 , OWNER CO NTFjhCTQjk HANK ONLY TEXAS, NATIONAL ASSGCIA'PION CONST IIC'TO D SOCIATES, INC. BY 2 BY: ~c1o~}N . !-dtivntiv~ ~n CITY or DEN' m0 GF BY CT MANAGER ATTEST: ( %,Mm) i 77 ER 4~MTZRSO CITY SECTARY • APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY f BYt k i i PAGE 9 i I I :ar,e - i I w4aMr EXH181T "A" McHi'flo?u A1, tmLlTtrr.4, INC. GENERA!. CONMCPGR.S j +roRr waatM tx ea W P" cause 88aT 908 K1~K Asia TO P" in. A* act cur JULMI M2 6E? i '1 r 505 ~ I ~tv b ~ ~{7Jq i j M+.:'p5t 1. I Proposal No. 01 Proposal Shoat No. ARCM MMTUM LMUT1ES, INC. EXH 18 1 T"A" aataut.cotrrwrcroRa Date Sept. 23, 1993 WUr R^msscv ! -1xi.r1 ~•~~~'.w,•'t~u~:;"'~ ~A~°Mw~SfriruTx tssso iwX a~i~~ii Proposal Submitted To Work To Be Performed At Ne.V4-10MAstnsctors & Associates Sye. Bank One - Colorado Blvd. slroot_ 560 i Bridae Street City Denton tar, Texas City Port Worth Date of Plan 9 State 'Deans Arehtt~ideon; inc. Telephone Number 817/65476970 I. A*..'*Gq q ~ ~y We hereby propose to furnish all the matsrlos and perform alt the labor necessary for the completlan o 4 LF - Sand Sewer r , 1 - e Iron + 100 LF - Bore for 8" Sanitary Sewer , 1 - 41 MwAtter bower e I law sin r J lUffl, v vUl requir 30 calendar days to U wdr i All waterial Is guaranteed to be as sp*cM*4' and else above work to be performed In accordance with the drawings cad tp•dfltolIons sufmait d far above wash and completed in a substantial warkmonlike manna for the rum of Twenty six thoustmd three hundred thirty nine Dottars {s 26, 339.00 1. With PaYmMts to be made as fegowss k Any oheroNon of devlarion from above specifications involving extra costs, wM be executed ontl upon written ceders, and wM become an extra charge over and above the estimete. NI agreements contingent upon strikes, accidents at delays beyond our comm. Owner to cary are, tomado and other necessary kuurem4o upon above work. Workmen's Compensation and Public Uobihy insurance on above work to be taken out by Resp a ^t._13rd 1 (?Li 1 i} i pa r Tnr 1 ~ Per Alu aug Vice President Note--This proposal mey be withdrawn by us if Rot actep ad within 30 days ACCEPTANCE OF FROPOUL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are autharl:ed to do the week as specified. Payment will be made as cutiinod above. Actepled Signature D~• Signature ~ FtAA 019 D E PROJECT N0. 9040-17 CONTRACT NO. BOND# 12-19-44 PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS! COUNTY OF DENTON S That CONSTRUCTORS & ASSOCIATES, INC. 3333 LEE PARKWAY, SUITE 700, DALLAS, TX 75219 of DALLAS County, Texas, hereinafter called Principal and AMERICAN HOME ASSURANCE COMPANY I~ 80 PINE STREET, NEW YORK, NY O a Corporation organized under the laws of the Stets of and authorized to do business in the State of Texas, here na er called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of TWENTY EIGHT THOUSAND NINETY NINE DOLLARS-------- 28,099.00 Dollars, lawful money of the United States, for the payment of which sues well and truly to be made we bind ourselves, our hairs, executors, administrators, and successors, jointly and severally, i and firmly by these presents: THE Conditidn of this obligation is such that: WHEREAS, the Principal entered into a certain colttra93t with Lessee dated 21ST the day of OCTOBER -"bias an the proper performance of which the C y o Denton, Texas, interest, a copy of which is hereto attached and made a part hereof, for the construction oft OFF SITE SANITARY SEWER EXTENSION BANK ONE-GOLDEN TRIANGLE BRANCH C&A JOB 09040-17 - { i NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the plans, specifications, and Contract thereof which may be granted, u hs or without notice to the suretyn PAGE ONE i I and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived) then this obligation shall be void) otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of•any•such,,,change, extension of time, alteration or ,iddition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrumrent is executed in triplicate, each one of which shall be deemed au original, this the 4TH day of FEBRUARY , 19 94 , PRINCIPAL SURETY CONSTRUCTORS 6 ASSOCIATES, INC. AMERICAN NOME ASSURANCE COMPANY I f BY: BYt I ATTORNEY-IN ACT Dena Jones NANCY SCHN !!I ATTEST• i 0 { Dana Jones NOTE: POWER OF AT'T'ORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND LTNO BE PRI TO DATE OFCONTRACT. TM GE BY t r:j PAGE TWO xgwyr, 5 70 PINEC; HOME ASSURANCE C011►ANY NEW YORK, NEW YORK 14270 TEXAS NOTICE MPORTANT NOTICE AVISO A►PORTANTE To obtain information or melee a complaint: Para obtener information o pars someler Una 9ue1'a: You may call American Home Assurance Company's (011-free telephone number for Amerrican~ Home AssurannccedeCompany s Para information or to make a complaint at,, information u Para someter unayuaja al. 1-844-553.6939 1-SMS53.6938 YOU may contact the Texas Department of Insurance to Ptede comunicarse cat et Dspartunento obtain information on de Seguros de Texas pare oblener Information acerca companies, coverages, rights or complaints de companias, coberturas, derecho- - { at: etas al: ' 1400.252.3439 1-800-252-3439 t You may write the Texas Department of Puede escribir al Insurance Texas ~mrtamento de Seguros do P,O. Box 149104 P.O. Box 149104 Austin, TX 78714.9104 Austin, TX 78714.9104 Past 0 (512) 473-1771 Pax N (512) 475-1771 i i E PREMIUM OR CLAIM DISPUTES: DISPUTES SOBRE j Should you have a dispute concernin _ A5 O R `CLA►TOSr i premium or about a claim yyou sh yould roieiamo,Udebe c~ unicarse con suenp~ma o a un contact the agent first. If the dlsppute Is not Sl no se resuelve is dlsputa, puede entonnces , msotved, you may contact Y ttie Texas comunlcarse con el departamento Department of Insurance. ~ ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SV POLIZAs Este aviso POLICY: Ills notice is for information es solo pars proposito de Informaeion y no se l.nly avid does not become a part or convierte en parte o condition del documento condition of the attached document, adjunto, 53593 (5192) 1 i i I i AaRVKLEDGEMW OF aW AM R, IF A CaMPATION t MRM or 14 WVMX ) TEXAS } set , OOCIM cr Dallas ) On the 4TH day of PEFAM in the year 19 94 , before me perecnaUy cane Dana Jones to ms knom, who, being byim cOy-mom- depose and my that he resides at Plano, Texas + that he is the Secretary o o0N94RUMMS3 & ASSOCUM1 INC. ethe atlNi-descilbed-in descr ed a muted instrmmut; and that he signed his tuna th!+reto by order of the Board of Directors of said ooarporation. JOHN W. KING - .'ry~ ' y~ MY WNWIMON EE KS N~~_~ QFw~• Augusl 28, 1944 OF DMIS ACKNOINU;DG'8t"r or SOION I STATS CF NO YM } I~~ ) ss t Ooum of NASSAU } On the 479 day of PfMi[tAW in the year 19 94 . before me pessy crime 1Ww1CY Ste- to me bmmf who, being by me y worn, ana-&&-YUa he resides at FD(1(Vma Cwm, NY + that tI he is the A13TOF*Y M P91CI' O AMUCAN HCW r j i described in mid Vhich mmuted '.-be above irtstrt j and that he signed his nme thereto by order of the board of directors of said oorporatiom i i PU,IC R tMICM Or DWS i i '''77111 i American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Pond Office. 70 Pine Street, New York, N.Y. 102,0 No, Ql- - 9 00,5„ KNOW ALL MEN BY THESE PRESENTS: That Amer"n Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Poishurgh, Pa., a Pennsylvania corporation, does aach hereby oppoloi William A. Marlon, David W. Rosehill, George 0. Brewster, Christine Murray, Nancy Schnce, Vincent Walsh, Laura Catalano; of Roslyn Helots, Now York-, its true and lawful Ancromey(o)• of-Feel, with full authority to cxecule on its behalf bonds, undertakings, recognitanccs and other contracts of indemnify and writings obligo oryin the nature thereof, Issued in the course of Its lousiness, and to bind the respectiv; company thereby. IN WITNESS WHEREOF, American iEome Assurance Company and National Union Fire Insurance Company of Pnlsburgh. Pa. have each executed ff these presents 1 Tbis_ a d y o 921. Mark Rear, nior Vice Presideol S'Pf. L OF NEW ORK COUNW Or NEW `ifORK)sfa, 00 this 1L dev nt~ :921. N all before me come tho atrcwe named officer of American Home Assurartco Company and National Union Fite Insurance Company of "'to uto, Pa., to me persona by known lu he the indistiduai and 1QSIPH 1. Nozzotlo oll descrine6'herein, and acknowledged that he cseculed the NOW OubliC, S1e4e of Ne,v YO& foregoing hltirumenl and affixed the seals or said corporrlions NO. 01-N04652754 Qualiflad in We:tchallar thereto by authority of his offer. Tartu Expiraj ian. cERTiFicnrrE Ea0 cerpts M Resolutions adopted by the itnanls of 1)irecmrs of American Home Aswrunce Company and iNairinal Union Fire Insurance Companyor Pittsburgh, Pa. on May 19, 1976; 'RLF LVPD, that the Chairman of the Based, the President or any Vice i'rosidenl be, and hereby is, aulhodzed Io appoint AuornCyx-in lean to represent and act for and on behalf of the Company to exaute bonds, undertakings, recugnVrnntes rood other 0111tN01, of inJcnmity and writings obligatory In the nature thereof, and I,. In attach tharero the corporate seal of the Lhmpany, in the tmnsavron of its surety business; 0 ! 'RE.501,M), lha' the signatures and 311estations of such officers and the zcol of the Company may be oQiacd 1,, aoy such Power ur Allorns,- or to any certificate relating Iherero by facsimile, and any such Power or Anr:ney of cerlihrme bearing such facsor+le signatures or facsimile seal shall be valid a, d hindrng upon The Companywhen so affixed with respect to any bond, undurwking, recognieance or otltet contract of mdepIondy or wramp, obligatory in the nature, Wecoh 'RE'SOLVPI). Thal any such Ailorney-in-Fad delocring a secretarial ceildir,dow Mist the f~ovg,ong resoliowns slifl he in uffeci cony raverl in such rectified, -n the y data thereuf,sald date to he n,A lmcr Ihnn the lair. of delivery ;hereof by such Atlniney-rn-113AM t 1, P.litabeth M Turk, Secrelary of American I Iome Assurance Compaq and of Nm inert Union Fire Insur:u•ee Compmty rat Vitlsburgh, Pa. do hereby rertify that The foregoing excerpts of Res<dutrons adopted by the Honrdn of Dirccarn nl Ihcsc curpontions, and the Puwurs of rV U,rncy issued puncanl therein, are true and correct, and IMGI bofh the RPmdutinns and the I'owcn of r\uomcy ore in lull force and effucl. if IN WITNESS WHEREOF, I have hereunto set n:y hand and affixed the facsimile Focal of each enrpomfion "'t) ~ ~ IaA day of F)- ant .w ~t l liuthcth M Tuck, Scr rclary 1HMti4 9a~F i~[y 4 American Horne Assurance Company ExectAlve offices 70 Pine Street New York, NY 10270 FINANCIAL STATEMENT as of December 31, 1992 ASSETS UABIUTIES Bonds .......................................,...[...,....................$3.471.839,785 Reserve for Wasesand Lou EVenses................ $4,8 AGI,060 SWdo..................................................................... 1,120,304,428 Reserved for Unearned Premiums 810,018,786 C11ewsl Lmm [ -0- Reserve tot Expense, Taxes, Cash and Bank Deposits 90,382,087 Lioeneee end fees 11,840 872 Agents Salvino" orUnooMec#ed Prernkxm.,,...,.,, !,688,311,798 Reserve for Unsutttorized Relnaxwve 48076924 Funds Hold by Ceding Reinsurers...................... 17,834,823 Funds Hold Under Relodummoo Treaga............... 74,487,212 PAkwxanw Roooverablo on Loss Payments....... 381,911,914 Other LAbW les- 69,612,461 . Cnrrhpanv'r intareN In Assets of AIUA CapIW Stock 4,237,836 and AAlNJOA 70,431,917 surplus,..,.,...,..........,.......,..,.,,. 1,721,686900 COW A&W*d Assets 892,411,181 TOTAL. ASS E~TS 7,383,307,809 TOTAL PoucYHaweae SURPLUS. 1,726,823,633 TOTAL LIABILITIES AND I{ POLICYI*-OLDER8' SURPLUS 7,383,397,900 Sonde and stooks sue valued In woordance wfth the book adopted by the National Aaooladon of Insurance Cornndaalonera. Securities owled at $610,447,316 In file above Sgtement are depooW as regtdrad by law. CERTIFICATE EUIZANTH M. TUCK, Sooreh" and WCHAEL J. CASTELLI, Comptrollor of the ,bnerlcan Horde Assuranos Company bwV duly sworn, esoh for htmaff deposes and says that tiny w the above described of loam of the said Company and that on fin 3181 day of December, 1002, go Company wtually possessed the assets Set forth in the fompoirtp sttfnnent and fat Suoh aaeb were avabble for the pa'ynwW of losses and olairno and held for tin proteodon of fir polbyllol m and oredtoro, owept as herefnbefore Indicated, and that the foregoing statement is a oorreat exhibit of such aab and Ifd Iles of the said oornpany on the 31st day of Deoernber, 1082, awarding to the beet of their information, knowledge and befiaf, respectively. I r . a' CorrKllrOMer OWN Or NM YORK I 99'r 00UMY 001 New YORK On rdr so Dry d APA t0 0.1 eMon rrt. anN rw rbow ~n d o~miiunnor0ompiw to rata ~ort~~ known b t» 11011 0 W I rm odor. Ibrd hW* and trnr sMy s sew tin torwnv mw~ rrd JOSEPH B. NOZZOLIO NRNd er rrMl ryd axPorftlw+Y+rMO by ~usioiNy d fink olAOr, Notay Pubk Skis of Now York No, 01 •NO4652)S4 QLV14W In Wstkfmw County i AAA019DE PROJECT NO. 9040-17 CONTRACT NO, PAYMENT BOND BOND# 12-19-44~ THE STATE OF TEXAS S COUNTY OF DENTON S THAT CONSTRUCTORS & ASSOCIATES, INC. 3333 LEE PARKWAY, SUITE 700, DALLAS, TX 75219 of DALLAS County, Texas, hereinafter called principal and AMERICAN HOME ASSURANCE COMPANY RU PINE STREET, NEW YORK, NY a Corporation orgaiizzed finder the laws of the State of NEW U and authorised to do business in the State of Texas, here na er called "Surety", are :geld and firmly bound unto the City of Denton, Texas, a Municipai Corporation, in Denton Country, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal out of TWENTY EIGHT THOUSAND NINETY NINE DOLLARS------------- I 28,099.00 ) Dollars, lawful money of the United States, to be paid in Denton, 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. I THE Condition of this obligation is such that: E j WHEREAS, the Principal entered into a certain contract with Lessee dbcted the 21ST day of OCTOBER , 19 93 in the proper performance o which the City o Den on, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: OFF SITE SANITARY SEWER EXTENSION BANK ONE-GOLDEN nIANGLE BRANCH C&A JOB 09040-17 PAGE ONP. I I Ji W3~rW~ i I r I , NOW, THEREFOrE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the torso of the Contract, or to the work rerformed thereunder, or the Plans, Specifications, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 4TH day of FEBRUARY , 19 94 . PRINCIPAL SURETY CONSTRUCTORS & ASSOCIATES, INC. AMERICAN HOME ASSURANCE COMPANY i BYt 49, BY: Dana Jones ATTORNEY-I! NANCY SCHNEE ME81! I i Dana Jones NOT DATE 0! PAYM IRT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. TE R IDENT ACR~1 BY: `ter 1~A.. E PAGE TWO 5 C ,sy.sstmg I PRET ASSURANCE CO~ANY 70 INEs NEW YORK, NEW YORK 20270 TEXAS NOTICE EAVORTANT NOTICE AVLSO IMpoRTANTE To obtain information or make a complaint: Para 0btarer informaclon o ja: Para someter una que YOU may calf American Home Assurance Usted puede llama al numbro de telefono gabs de Company's toil-free telephone number for American Home Assurances Companyfs Information or to make a complpint at: informaclon o Para pars someter unayucja,al. i-E00-S5J-6936 I-800.533.6936 You may contact the Texas Department of Puede comunicarse con el Insurance to companies coverages, obtain intorrnatlon on Seguros de Texas pars obtener info on acerca al: ' rights or complaints de companias, cbberlums, derechos o quejas a1. I I-A04.252.3439 1.800,252.3639 ' You may write the Texas J Y ou Department of Puede escribir ai Departamento de Seguros de Ins P.O, Box 169104 Texas Austin, TX 78714.9104 Austin, !49104 Fax ,1(512) 675-1771 Austin, 76714-9!04 Fax N (512) 475.1771 PREMIUM OR CLAIM DISPUTES; DISPUTAS SOBRE PR MAS 0 RECLAMOS: Should you have a dispute concerning your Si tiene Una disputa coneerniente a su prima 0 a un premium or about a claim you should reciamo, debe eomunicarse con el ggente t contact the agent flat, If the dispute is not Si no se resuelve la dispute, uede primero. iJ resolved, you nu~a contact we Texas comunlcuse con el deparlamento (7~rDI), Department of Insurance, , entonces I ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA; Este aviso POLICY: This notice Is for Information es 1010 Para proposlto de informaclon y no rnly and does not become a part or convierte en parte c condition del documen o condition of the attached document, adjunio, 53593 (5/92) 5 i (BENT CF CiCtRRACTClt, IF A CCMRA1 ON -%M CF llOWRUX ) TEXAS ? est COUM OF Dallas On the 4T6 daffy of pgy before no pe"ly the Y 19 94 , Y camle bane donee to me layown, who, being by me duly ewtsxn, he resides at Plano, Texas depose and s'aY that that he is the Secretary i/ r :Cjj• 1epaarata on darer 1 w ' wMMztsd the aba" 1 and that he signed his name thereto by ostler of the Board of Direotors of said wgmation. JOHN W. KING 't MY 000MISION EXPIAES 'r• CR CQW[LSSI' August 28, 1994 cr D AClWMCEDGMW CF SLIMTy i STATE CF NN yCW ' MUM or mks= On the 4TH day of P>?i?E[ M in the year 19 94 , before cre ~ being ~Iby me y me _ to me lnaN+n, pxxvn" NYyn, and saY that he resides at that j M the AT~Y IN p7•r r E ctf A#!$itICAN ~HCM ASSt1E4711~g CCI~ ~ _ t 9i Ltion the instrtm f end that he signed board of dit+eotors of said oooq=atim. thereto by oviJer of the GAYL CON KLIN Notary Public, Stale of Now Yolk No.oiOO4082812 Qualified in Nawu County a Commission LKpitasJune 10, 8 C CH CfMW ran GF DE6'DB i I'm4riean"Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, P it ( Pataeipal Bond Met: 70 Pine Street, New York, N.Y. 10210 N„ 01-B- 1965 KNOW ALL MEN BY THESE PRESENTS; j That American Home Assurance Company, a New York corporation, and Nationr! Union Fire Insuransc Company of Pinshurgh, Pa., a Pcnnsyl,~aaia corporation, doss each hereby appoint 1 •.-WiWaim A. M"o, David W. Rosehili, George O. Brewster, Christine Murray, Nancy Schnee, Vincent Walsh, Laura Catalano: of Roitiyn Heiotfi, New York... its true and lawful Attornty(a)•in•Pact, witi~ full aulhnrity to execute nn its behalf bonds, undertakings, rerognaanees and other contracts of indemnity and writings obligatory fn the nature thereof, issued In the course of its business, and to hind the respective company Ihcreby. IN WITNESS WHEREOF,. American Home Assurance Company and National Union Fite Insurance Cnmpaoyof Pinsburgh, 1'a. have each executed these presents Ihis. mod yof 9D, a Mark R'ag niur Vice President STATE OF N1;W YORK } COUNTY OF NEW YORK) its On [his ~ 0 day oLM$Y_,19)3. Wore me came (he above named officer of American [ionic 0 ()0 Assurance Ccmpa'ry and National Union Fire Insurance Company i of Pittsburgh. Pa., to me pcrwnally known to be the individual and IOSPrH 1. N72IOLIo officer described herein, and scknoniedgnl that he executed the Neraeq Public, Slats or Naw ytati' fore n instrument and aftlxed the seals of said corporations No, Oi-NO4652754 gql q Quallllad le WeueMSlw Citiorila, Ihax(o by authority of his office. Tartu Eapi,aa tart, ~l, i i CERTIFICATE HAterpts of Resolutions adopted ty the flourds of Mivcrors. of Amcrican I tome A.csunamc Company raid Notional flmmn Fire Insu nnce Company of Pilishurgh, Pa. t on May 19, IM -RIMOLVEA, that the (hairrrtao of the linard, the President, or any Vice President be, and bcreby is, uulhorired set aplx,int Aitdfneys•in•Fact to npresen( and act for and on behalf of the Company to execute bonds, undertakings, recognimuces and oihe.e comiaos cal' indemnity and writings obligalory In the nnlure thereof, and to attach (hereto the corporate seal of the rilmpany, in the Iransaco,ur of ih surety husmL.W I 'RI?SOIMMf that the slgnatums and attestations of such officers and the seal ur the Corsipaay may he affixed to any such Power of Attorney, or to any eenificare reiating thereto by facMmlle, and any such !'over cal Attorney or eeriihcane bearing such fncsimifa signatures or facsonile scat shall be valid and hirnding upon the i Company whe-i so affixed with reslv:ct to any Imnd, underlaking, recogabnnce mother contract of indcnmiry of writingohligatory in the nawre then ofq S d 'RESOI,VNI), that any such Altoroeydmpaet dch%ering a secreturial certification Thar the foregoing icaolulions still Le in effect may insett in such cerhfirahon the date thereof, said date to be not Idler than the date of delivery thereof by such Mb,rncy m I a t I, Oleabe(h M, Tuck, Secretary of Amcrican Home Ass,nanre / orapany nod of Nati,mai thiam f tre In+mai cc Company of I'iushurgh, Pa. Jo hurehy renlfy that the foregoing exm,7tls or liesnluiutns adopted by the f3rnods it IHrccuon of these c,+rporatinns, and rru• i'uners of Anorney msucd pursunnl Cheroot, are true and L. j correct, and that built the Resolutions and the Powcrx of Attorney are in full force and effect, IN WITNESS WHEREOF, I have hereunto wl my hand and affixed the facsimile, scat of each c„rp+rahnn this _ _ day af__. 0,...__, Eiiztthc•Ilf M.'I'uck,5ucrclnry anrn.ry American Home Assurance Company Executive Offices 70 Pine Street New York, NY 10270 E FINANCIAL STATEMENT as of December 31, 1992 ASSETS UABIUTIES _ Bonds $3.471.839,785 Reserve for Losses and Loss Fxpenses................ $4,635,361,050 Stocks 1,120,304,426 Reserved for Unearned Premiums......................... 810,018,765 Count" Loam . -0- Reserve for Expenses, Taxes, Cash and Sank Deposits 90,352,087 Ucerwos and Fees 11,640,872 Agents Salarx" or Uncollected Prern>lums.......... 1,588,311,796 Reserve for Unauthorized Reinsurance 46,275,824 Funds Mold by Ceding Aeinsurera 17,834.82 Funds Held Under Reinsurance Treaties............... 74,467,212 Reinsurance Reoow able on Loss Payments.,..... 361,911,914 Other UJsbAitl So 69,812,461 Compar>1r's Interest In Assets of AIUA Cepltai stock 4,237,835 and . 70,431,817 Sur;"...............,..,................. 1,721,585.900 COW Admitted Assets 862,411.181 TOTAL ASSETS.,..... 7,383,397.609 TOTAL POLICYHOLDERS' SURPLUS 1,725,823,635 TOTAL LIA&LMES AND PCIUCYHOtDERB' SUfIPWB 7,383,397,808 I bonds and stoma are valued in sooordance with the basis adopted by the National Association of Insurance Commissionere. Seourltiee carried at $816,447,318 In. the above statement are deposited as requited by law. 1 i CERTIFICATE ELIZABIFTH M. TUCK, secretary and MICHAEL J. CASTELU, Comptroller of the American Home Assurenos Company being duly sworn, each for himself deposes and says tW they are the above dewnbod officers of the said Company and f that on #4 31st day of Decembef, 1992, the Company witualty Possessed the assets sat brth in the forag*q statement and that Such asoftb well available for the payment of Wass and claims and held for the protection of Its polloyhotden and orodkon, Swept as hereinbefore Indicated, and that the Loral statement Is a oorreot exhibit of suoh assets and 111WAdes of the Said oompany on the 31st day of Deoember, 1992, sooording to the beat of their Information, lanowWhp and belief, respeotlvely. `wer.a~ U s~„~, r STATE OF NEW YORK 83. r BOUNTY OF NEW YORK ~ i On 1h4 e0 ow of Apra 19 ,93 , Bebre ms cone Me above r we of iTani Neaenoe Corrpay,10 me rrrforhe b tH tM krawi *I rnd oft de$~ berets, JOSEPH S. NOZZOUa rxtd Mwt Hwy eKearned ft twoong Inarum"t end elRred Mw aM aid oorponlbn MwretO by eWarky d tlwk due. Notary Pubk, Stu% of New York No. 01 •NO4652754 QuoliGed in Weskheeler Covnty a OO~~p odddaQ(~jp~Op 0VA. r ro p a 0 CO ~po~Q o N t o~oooo oooaadoo C } I , j i ff~ [ ~P. ~ it .W I{f I i I f CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and enterea into this 3 day of AUGUST A. A. , 19,9,1, by and between rrT nv n of the County of DMr= and State of Texas, acting through _ LIaM V. MkRRHLL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and tar r. r_ waeus-n~= i _ 4Q7 V. mn a ST- DAId.AS , 2E W 75208 of the City of _ n&rj , County of nar.raa and State of TEXAS , hereinafter termed 'CONTRACTOR.' f WITNESSETHe That for and in consideration of the payments and 3 agreaments hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR j hereby agrees with OWNER to commence and complete performance of the work specified belowi - ' HIU 1ti20 - nRrnr.r~rr~ S`~ps.: :T~: rnvr in tho .wm+. nt, of 41A n*44 nn and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement: and at his (or their) own proper 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 E Conditional the Notice to Bidders (Advertisement for Uds)i Instructions to Siddera, and the Performance and payment 3onds, all attached hereto, and in accordance with the plane, which includes all maps, plate, blueprints, and R CA-1 0114a $r. w other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DBNTON CDBG DEPARTMENT , 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 dee!aed to be or considered an employee of the city of Denton, Texas, for the puiposes of income tax, withholding, social security taxes vac Heave . anon or sick 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 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, esployees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost j 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 Stal." of Texas and venue for its construction and enforcement shall lie in the courts of Denton r 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 i such extensions of time as are provided by the General and Special Conditions. { The OWM agrees to pay the CONTRACTOR in current funds the price or { prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. i r is CA-2 01148 i(AR ti. f ' i IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. s ATTESTS T~ MW n~ OWNER Y (SE ) ATTES1't ! CANTRACTOR r BY..I /c. r Title _ (SEAL) '"631) AS TOr ~ AP ty Attorney i i ~ r 1 { CA-3 0114• ! CITY OF DENTON INSURANCE REOUIRMO NTS FOR CONTRACTORS Bidder's attention :s directed to the insurance requirements below. It is highly reccamonded 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 su-scessful bidder shall have a duty to maintain throughout the ae,urse of this contract. fiTAN=D PROVISIONSt without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has baen completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. I As soon as practicablt~ after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containiLq 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 y 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: Each policy shall be issued by a company authorized to do husiness in the State of 'texas with an A.M. Hest Company rating of at least A • 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 Revised 02/05/93 4• QWMJt I i Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: r Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. v 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. P All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • 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. • 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. • Should any required insurance lapse during the contract f 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 sale option, terminate this agreement effective on the date of tho lapse. k R•vi•td 02/OS/93 Insurance Requirements Page 3 SPECIFIC An 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: [x] A. General yi " ity insurance: General Liability inburance with combined single limits of not less than 6560.000.00 shall be provided and maintained by the contrac;.or. 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 000i current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • 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: i • Bodily injury and Property Damage Liability for premises, operations, products and completed i operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability endorsement) covering this contract (preferably by ~ g , personal injury liability and broad form property damage liability. (x J Comprehen 0 va or Business Automobile Liability insurance shall be provided by the contractor with limits of not less than $500.000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. R•vis•d 02/05/93 gy~ rl Insurance Requirements page 4 The policy will include bodily injury and property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the certificate of Insurance. (ISO Form CA 0001 Current Edition) (x) Workers Compensation Xnaurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employerts 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. ( ) Owners nd Coat actor's Protegtive Liability Insurance i The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an OwnerOa 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 j combined bodily injury and property damage per occurrence with a aggregate. i f ) z rs Damage Legal Liability XAsuranoe r coverage is required if,Broad form General Liability is not J 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. Rovisod 02/05/93 insurance Requiremvnts Page 5 ( ] profess' A& tiWlity insurance Professional liability insurance with limits not less than errors or omissions in connection with professionals services is required under this Agreement. [ ] Builderst Risk InsHlanes Builders' Risk Insurance, on an All-Risk farm for loot 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 Iaa r,ne. 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. i 1~12 r t i s] I i r I AFF0000 Asvioed 02/05/93 BID. NUMBED! lszo 8!D PROPOSALS pafla z Of s City of Denton, Tares At1•1 Teass at. Pwchsatng Do" a m nt Dw ten, Tares 7ti4Dt ITEM DESCRIPTION OUAN. PRICE AMOUNT DEMOLITION i, CLEARING WORK SPECIFICATIONS DEMOLITION #21 1. 414 EAST MILL STREET A. Remove all structures, trash, debris, shrubs s brush.. $ 2f43 0 _.0$ 24437. C 8. Remove all concrete and fence from site. $ 400.00 S 400.0 C. Grade lot smooth for mowing $ 50.00$ 50.C! 2. 1220 MORSE STREET A. Remove all structures, trash, debris, shrubs t~ brush.. $ 1,787.50 $1,787,° B. Remove all concrete and fence from site C. Grade lot smooth for mowing $ 50.00 $ 50.C' 3. 600 BELL AVEMUE A. Remove two structures behind main (front) house on lot $ 3tQ15,00 $,3, 5.0 B. Remove all trash, debris, shrubs, dead trees G brush.. $ $ NC C. Remove all concrete and any appliances from site...... $ 150.00 $ ISM D. Grade lot smooth for mowing.... 4 $ 50.00!$____10 t 4. 2432 VEST PRAIRIE STREET A. Remove structure, trash, shrubs, bushes and debris.... $2 050. 0$21,050,C 2. Remove all concrete from site f s 670.00 $__6704C C. Grade lot smooth for mowing s--A0. 00 $ 50.fl site g. _ Ileutew-al3-aeeas'ete` far . i . ` °C: Szade I VOTE ITEM 5 DELETED TOTALS 13 147.5 13 147 Nh quote the 16M f.o.b. doliwred to Donlon, Tern, Shipment osn be made In 30 days from receipt of order. Terms netM unless othWM" fndloated. In submitting ttia ubow bid, the vendor apnea that scoWanco of any or all bid Hems by the City of Donlon, Texas within a moon" period Of tima conotHuae a Oontraot. The completed Bld'Proposal must of property priced, stgned and returned, 907 N. T yler St. iaalleel, Tx, 75208 C" aid. zoo rsrNUr. 214-948-6383 Secretary { 'SID NUMBLR 1520 BID PROPOSALS Page 3 of 3 City of Deafen, Tas" M4 Tax" tot Psretr eft Dsp rbriw Denton, TWO MM ITEM DESCRIPTION OUAN. PRICE AMOUN' 6. 501 NORTH G'ItA'II M STREn A. Remove structure, trash, shrubs, bushes & debris.... $1,450.00 $1x,450. 8. Remove all concrete from site $ 460.00 $.,.f4,_, C. Grade lot smooth for mowing $ 5n-np S 50. 7.- 338 NOBERTRON STRBET A. Remove structure, trash, fence, shrubs, bushes t debris on lot $3,294.0 $3,294. B. Remove all concrete from site $ -25A-C. Grade lot smooth for moving $ 50.0 4,r,--12A4 i f NO'1~Y(:L~ i Spacial Attention is directed to insurance Requ:remsnts. City of Manton requires strict compliance without exception. ki I TOTALS 5,329.OJ- 5-J29. We quok'he snow f.o,b. deliw ed to Demon, Texas, Shipment stn tm made In r...3Q_. days from rocNpt of order. Yarns n#M 1 ; unlen Wtsrwiee Indkatad. In eubnNttmov the thous Wd, the vendor Wen that sooeptanos of any or ail bid Items by the Clty of Denton, Tasty within a nesonat" partod of fir" oonsidurs a dorrtradt. The oompm d Bid Proposal must be property prloed, signed and mumed. 992 N. War .$t WAItAt OtLdr7~-.._-...-- wwMO Menus Ualles, Tx. '15208 aA - 214-948-6383 Secretary ..,...,ti nice 41+!xeut 08/20/93 09;14 10214 714 8049 WIC DALLAS R001/001 CERTIFICATE OF INSURANCE I "ksau kwrdrwe cm pane I 4MUMANVONAW jdnIy4006WOW by ~I>~ro ~W~O~"v ~rwbr~lwra Thl. oryq~kna~POMMSraelnyralyyyr~y Name and Melling Addrrp of (naured WALTER C DAR8R7'P Inc 907 N TYLER DALLAS TX 75208 P?Od~ 1&: 0907/1 lumIng 01 Dallas Dale. 8-76-43 qag;an; DAL TRW M mkft-a pow ►MM1wr fto" EMI 2 1634-00.604461 b-23-43 5-23-94 "IN 0~11kW eMIMf M BNP comma paskopw M i 7*01000" If 60" No a laklow r 1 3Arww trMarnMa i 6MN~I OEM 4 OMMI i 0 on AWLW* q 1 i ( I )MOMWAu1a -*AY rMhAaliN.. f }MiMwAwadur 4y If 1mhomm 9W Am*" 4 Ir tliMMIN eM~ AaINR uWMy~_ poww of A ►0 ayA 1,1111,11111 Yp' 1'RO 1500.000 l,iea4se « Qa1 ay liMiC IIT TYOe FOLIOY DNSORIM IS - w JU MMf-KADDU b ASWIATES M by TO ~ DO3o) IT1 TYKE C091TAMTs THY COIPAN?' 1334 LSJ 11W!' m 1470 N WILL NAIL 30 ATsT MOMO$ DALLAS TX 75243 OF OAMCXLLLIYOM t<Y1OYY THE YnYCTIyY ARTY OF BOCK 1 LLATiOM TO THY PARTY L'8011L TII$ aYtTYTIom. -A clearing 3 ~'"e^1 nLtrMaeM~aManarree,wMwerwdewrewak>d, "a~NNy iaw~MMiYaWManMMMMM111~t1}w ~MMkNMM1Mii~MillBrpMiMMlwwerll~Y1MW41M►y~y hauls dir M aq AenMrWMM1M b MN wir rwiAlu, '"ft owo+Y Nc afWL" fMw KOTulleAraveroI, To $mv a WAN wnriMlr7nr rllrr w CMMAll7 r'VItORA/IMG DiTT ff . 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MnC6(4;' Aacli s Asti Oti!'A $U j ~ P141Y, PY : PIPGl1Y S LtMIIITV ~ A otrlnto 3 1TN1 E((11CC43 LIJBiIt~.~.. rr BI G PO • Offl91 TNW 1l~ttt.U SSATI m HOKUM, TIO4 To foital frost Hfnfaa IORTT i DMLUftitS' L.INALlTY p p DTtO OF OffAATiOWIntCLES/SfEC1Al IT96 di1 Flf. ietl Ofaoiitloa i C1«srJn9 1ndwN;; Additlautl tlTfanJ aad 31 (lay NOC to TM City of O"Rln ,.,,,,,.....«.•,.se...~~+.,u. • IFICATE YE1LUt1L ,yptrELLATLON SHUR.O ANY Of Tltf WE DE~AIK WILL MEW W TO mlN CkRT PSAA1iCl1 CASE rA %%anN3 I if i1M Cit1t of OMtan 91 DAYS TiLTTTT~rn M~'TTtf TO THE CptTIfICATE NOIOfn ~ t0 THE SE IQ Oe4TeiATfYE3 U 1. h "tw MY EUI FA10E To Nut 9S1 WICE %fAtT. StfiO LpE~L1TY Of fw UD0 UPON THE CCf1I1MA'. ITS Awn OR ROW504 0~ " a 'Prw T6Ztl AttoI Tbw S1rt NNHCIItTlD,4JPR TIIK pKtrneat r (AL I'. Pdrduk" AIJCi 25 '93 17157 214 669 SM3 PAGE.001 r 000000 ooanaat~o~Q~O ` Qdo~~ ro o~ 4 i O r c M t o+~000 °00oaoooaaooo~ II i i j ( {{IffsI 1 } ')tH!.V41 CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 15 day of DECEMM A.D., 19 92 by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD y. RARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and I ElII11fS .iC., 31340 K.I1M DRIVE, DALLAS, TEXAS 75229 of the City of DALLAS , County of DALLAS and State of TESAS , hereinafter termed "CONTRACTOR." WITNESSETHs That for and in consideration of the payments and 4 agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even s date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: E SID 4 1431 - STUM ROAD SANITARY SEf03R AND STORM SENER in the amount of $337,070.05. 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 WXWA. 'all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefore, as prepared by CITY or DENIM ENGINEERING STA" all of which are made a part hereof and collectively evidence and constitute the entire contract. Tndenendent 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 i Contractor shall and does hereby agree to indemnify and hold i 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. i Choice gf 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 i date established for the start of work as set forth in written j notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are i 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. l I CA - 2 c IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. I A EST: i dowq CITY O[ xv" OWNER B 67 (SEAL) ATTEST, BAR" CONSTRUCTION IOC= CONTRA (SEAL) APPRMD AS FORMS i y Attoxne E ; ~ I i i • j i a I I i i JA - 3 PERFORMANCE BOND STATE OF TEXAS S i COUNTY OF DsMa S KNOW ALL MEN BY THESE PRESENTS: That RUSON CONSTRucTios Imc. County of Of the city f DALLAS and State of TMths as PRINCIPAL, and The Glen, Fells Insurance company as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for held and firmly bound unto the THE CITY OF DsNTPrincipals, are as OWNER, in the penal sum of TBJ= HUKDRRD THIRTY TRR8Z t HM MM Aim savmm An 05/100-----_ Sxvax Dollars $ 33~p Os p fo the ayment 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 _ILL day of DECRNM 19- x, for the construction of HID 1431 - STUART Roan S1INITARX 3TOFe1 / SUM i the aeount of $337,07-0.05. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfuls shall an all respects, conditions and greements i in Contract and by~said And contract agreed and covenanted by the principal to observed and i performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this j obligationl shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th L a a is and all liabilities on this bond shal I be be dsterrmminedginsaccordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 PROVIDED FURTH bond, venue shall lie' gnat if any action be tijlad upon this Texas. County, State of Sur ~ for change, exten i on valu received, alterationstipulate dition to the terms of the contract, or to the work and agrees that no specifications, or drawings accompa yiing the samear$hall inn 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, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have signed ' ++nd sealed this instrument thin; 4th dmp of ianuar 19 93 Bareon Construction, Inc, y The Clews Falls Insurance Company Principal surety ~ , Ti a T t le Jack M. Crowley, Attor ey-in-Faot i Address; 11340 Kline Drive Dallas, TX 75229 Address; P.O. Box 429 l Arlington, TX 76004-0429 1 ICJ (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: rl Coble-Cravens, Inc. 202 E. Border, Arlington, TX 76010 11 ~r NOTE: Date of Bond must not be prior to date of Contract, j ~ i PB-2 r PAYMENT BOND i STATE OF TEXAS § COUNTY OF _ p an%* S KNOW ALL MEN BY THESE PRESENTS: That PARSON CONSTRUCTION INC. of the City of __DA" M County of __._DAWA _ and the State of TWM as principal, and The Glens Falls Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto M CM OF DE nvu , OWNER,,Q '!'1 in the penal sum of WE BtRq)RAn TRIRM $1lVElf TBDU3AND AND AM M &05~o13ars ($_332.070.05 ) 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 29 92 . AID 0 1432 - STmum ROAD smi7 1RY sxm mw STORM Sam in the amount of 1337.070405 _ 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. 1 I 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; i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as asended by the acts of the 56th Legislature, Regular Session, 19690 and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same c extent as if it were copied at length herein. I~ PB - 3 M 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 planet, 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, or thereunder, to the work to be performed IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument thijth day of January 19 93 Barson Construction, Inc. The Glens Falls Instrance Company Principal Surety U T le Ti a Jack M. Crowley, Attorne in-Fact t. t Address: Address: _P.o Box 429 Dallas, TX 75229 Arlington, TX 76004-0429 i 1 i s (SEAL) (SEAL) t The name and address of the Resident Agent of Surety is: ( Coble-Cravens, Inc. 202 E. Border, Arlington, TX 76010 t t I I PB 4 lynVii' t~rel. I 1 MAINTENA14CE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That BARSM CONSTRUCTION INC• as Principal, and The Glens Falls 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 Count Texas, the sum of THIRTY SEVEN HUNDMED AM SV= and 0sAbo Dollars ($33,707.05 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 RAW" CON ON 10C' has this day entered into a written contract with the said City of Denton to build and construct BID f 1431 - STUART ROAD SANITARY SUM AND STOAH SM" in the amount of $3370070.05. 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 j 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 data of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper i 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 ag.eed that the City may do said work in MB-1 l 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 damages in said contract for each day's failure on the part of said Contractor to comply with the.teros and provisions of said contract and this bond. NOW, THEREFORE, if the said contractor shall perform its agreement to maintain said construction and keep some in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had horson for successive breaches of the conditions hersih 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. f IN WITNESS WHEREOF, the said Barson Construction, Inc. as Contractor and Principal, has caused these presents to be executed by The Glens Fa11H Insurance Company and the said The Glens Falls Insurance cCompany as surety, has caused these presents to be executed by its Attorney-in-Fact Jack M. Crowley and the said Attorney-in-Fact has hereunto set his hand this 4th day of _ January 19 93 SURETY: PRINCIPAL= i The G128 Falls Insurance Com Berson Construction, Inc. BY : Jac M. Crowley Attorney-in-Fact i M9 - 2 a..ara. The Glens Falls Insurance Company GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE GLENS FALLS INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, conslilute and appoint jack M, erowtey of Ariinoton, Texas its true and lawful attorney, foi it and in Its name, place, and stead 10 execute on In-half of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All obllolres provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five Million (5,000,000) Doliara This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Directors of the Company on the 13th day of fanuary, 089; "IMOW10, that the Chaeman d the Roard, the Vitt Clwerrlan N the Ward. dry I'Midenl, an tlecubVe Vxe htswero Of 1 Stroh We pr"Weol Of a Vile helyd rot ol 1`e Com(.xw, by, anddw exls tw Jaya!lhNnMee4y k aWhairnl b e~rcure ►owenr f AnwneygwUh ne the ula ney rwmed rr the R vrn Pnwe, 01 Vlaney ru ewecwe n helulf ofthe Company, bo", a *dAlw and all cowaetl d w tivi lNp; and that on AsWW We he idenl, a Secretary at an NwNUw Secretary be, and Out each or any ol Ihens hereby N, asahrrdred to boW dry *Worlon of any w:h Power of Anom y, and to anach duvehr [be seal of Ole Comparw, FURTH[R RLSWAD, it oleo l wl-xn of wch oMsctel and oleo Leal of slit- Cnmpaoy may be attued so any s h Powe, of Ais,rrney or W arw rMiLtaW u:blxK Itwelo by lacaetrde,andany/ahtow2~eol A~rkx'ney a cMHrusebearng wch fat>imilr urnawretior lxwnik ual lhaN bu w4dand brndirW uWntAeCom fare wMnwaMrud and Ntlw krlw woh respect to wry blend, weAmals" or coronet of uortr 11 to which it is anx hod." I In witness whereof, THE GLENS FAILS INSURANCE COMPANY has caused its officlal seal to be hereunio affixed, and these presents to be signed by orse of its Vice Presidents and attested by or* of its Assistant Vice Presidents 1his16 day of janurtry '19% THE GLENS FALLS INSURANCE COMPANY Alless: f ss j, . D.L. aan'l., Assmarw Vice he/xkrv Imri R. AAr+. Vwe hylldem STATE Of CONNECT' XT COUNTY OF HARTFORD rr On Ihis% day of )amAry 1990, befrne me penorally came Emil B. Askew, to me known, who being by me duly sworn, did { depose and say that he is a Vice President of the THE GI ENS I At IS INSURANCE COMPANY, the rrrrporolion desc6bed in and which executed lite above instrument; that he knows the seal of the said corporation; that the soil ani-Aed to the wid instrument is such corporate seal; that it was w affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order ! l+ wCyixAy'. GLORIA D. SFtKINS Ndary Poblrr CERTIFICATE My ComamoooL►presMarchJ1,s99] t, the urulersigr aid, an Assistant Vice Ptesident o the T ILL GLENS IAl.LS INSUMANCL COMPANY, a Delaware corpoouion, DO HLREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board ^f Directors, set forth in the said Power of Attorney, is now in force, 121 $!pvd and sealed at s; -Nn of farminglon, in (It(, Slate of Connecticut, Dated the- i doy IIN p J i, tknrws , AsmmaM VKe htNdeM 's 63 BOND, 4 IAN Primed In U S,A, CITY OF DENTON INSURANCE REQ S 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 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. ST"DARD PROVISIOffiss 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, (Pinar, 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 modifiad 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 the receives notification that the contract has been accepted, approved, and signed by the city of Denton. i r 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.K. Best Company j 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 vith respect to the City, its officials, agents, employees and voluntsera; or, the CI 1 ~r contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses, o Liability po21cies shall be endorsed following: to provide 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 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 IN 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 ears beyond the fl 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 providing for claims investigation or legal defense C costs to be included in the general annual a the contractor shall either double the occurrence alimitsior obtain owners and Contractors Protective Liability ~J 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, affective as of the la ue date. not reinstated City may, at its sole optiIf I is on,naterminate this agreement effective on the date of the lapse. ~ apsczrrr ~hrrT b All insurance policies proposed or obtained Contract shall additional!v coml in satisfaction ut this specifications, and shall be maintain d t h cthe ompliancew w th mtheme arked additional specifications throughout the durati of the Contract, or longer, if so noted: CI - 2 [X] Sllaeral L•+aa{l+tv =nstra~~~. 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, indepriydent contractors and property damage resulting fron explosion, collapse or underground (XCU) exposus.s. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury 11ability and broad form property damage liability. [XI i, Y Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not 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 liability arising out of operation, maintenance pert oor use otmany auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) [X1 Workil ell Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for imsuance of such insurance, has Employer's Liability limits of at least , $100,000 per each employee, and a0$500,000r each accident, policy limit for CI - 3 two 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 i i 1 3 j CI4 ! CITY OF DFNTON Nome anti Address of Agency: City of Denton Reference: Storm Coble-Cravens, Inc. _ Pro*tName:Stuart Road Sanitary Sower & Sewer -767 E. Border Project No.: bid # 1431 -Arlington, TX 76610 Phone794-1600 Pto*t location: Stuart Road Denton MenagingDept. City of Denton Engineering Staff Nsnw and Adduce of insured: Baraon Construction, Inc, Companies Affording Coverage: 11340 Kline Drive A Bituminous Casualty Corporation S158, TX 75229 phon4214)243-4764 C i Tile is to certify that: 1) Polities of Insurance listed bN41w have been Issued and are In force at tNa dtre. 21 The Gty of Denton is Noted as on addirdWA Insured of to ad took" coverage, Cornier" Exp+ratlon urnlu of us"Iry Latter 7 of Insurance Policy Number oats In Thousands 1000) "WWWtansitte Qederai U*Mky Oo~ ~umnee Occurrence inder 2/30/9:. Body injury / A CIO" Msda !ace 04Ppa C") 15845 Property Damage bead Fenn la Inakele; Bodily Injury and Property Y Prornb1610perationa Carnage Combined {000 X Itdepend"t Contraatere Y Producq/Complstad Operations Y Pe tonst In)vey X Cantntob+el UaWty bas 43-pegs CI.4) L X Explosion and COMPAW Hazard X undarpound Huard Liquor Usb*W Coysrags X Are Legal! UatrNlty 10" AS-Page CI-41 X al cad Pon" PfepeRy Oarrraga M1,MN«-~M-~ -M~ - - - ~-Y-w1,M-,N•I«~w•1~- ,Yr Y/IMM Ptef"elonat lnersto""slons • a41aunsnea I Matins ""a (1641 1114 P C") C"ftwWW talw Autorn"W U"" Bodily InjurylPareon 1 A X OwrwdUsaad AutentobNw Binder 404 1 l wont II 1 X Non-owned AutomoNlM 15E45A 12/30/93 X Hired AutanwbN16 Bodily InIuryf►rc"M Damage Combined $500 t Wmkar+' CetrMarwaNan and Stoployars' Uabift StOMM AnWoM To follow i each aeaidenit 0wrtaw' Praadw Ualr " 00rat tnatrana A :Excess Liability -Umbrella Form rl5'8n4,er 12/30/93 ±1,0 00 040e0011sn at OFsr&Vw*44"OewNahlaMe. 01111. (SN 12, P CI 41. Each ahaS 1901 der notice of oanaagadon, non renawal, or material ohs In cover Nam41 and address of Cori Recta HMder, CITY OF DEWON, TEXAS lanu y 4, 1993 PUIICHAIWO A09MT A $014 TEXAS 8"W OINTON,TEXAS 74201 A $EE DEFINITIONS ON PAGE CI-4 ATTACHED AAA0078F C1 • a towl 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 1?y 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 1 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. i 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve i the occupancy, construction or alteration of city-owned or leased facilities). Insurance is to cover buildings, contents (whore 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, %mployees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. l CI - 6 01 :xr.n.na 1 ^ WORK DAYS ~60 S~tgart Ro d Salutary Sewer Phase T BID NO. 1431 PO NO. BID TABULATION SHEET nnmm~ [2-12'-D DESCRIPTION QVANTITY UNIT UNIT PRICE TOTAL 16" Ductile Iron Sanitary -A Seer Coaa Tar Lined 130 LF OQ LF 60, -B 15" Sanitary Sewer 2,000 LF -C 12" Sanitary Sewer 183 LF $ LF / $ 10" Sanitary Sewer 32 LF $/LF $ -E 8" Sanitary Sewer 10 LIP S /LF S 37• o ~ 370 • F,z~ [14 2-r 6" Sanitary sewer 45 LF S1 /LF $~(C j Cu 42 Remove Sanitary Sewer 80 LF 43 Concrete Saddle (Special) 1 EA /EA < 1.sc~,~, 1.~cc,cc Break Through Existing 4 wi wall 1 Scwr IA 1 Sewer Service 1 SA $ ryOC ct,/ S ~CC SP-32 Remove Manhole 3 IA i i 5' Manhole 6 cA $ i 7.6.A-2 5' Drop Manhole 2 EA ' /RA $ M - C.3 L•.. .J Jeri C.~ 7.6.A-9 4' Manhole 1 EA $/~cc c /EA $ ~ScC If Break Into Existing i SP-31 Manhole 2 EA $ '7)0 fit` IA e A 8P-2 Concrete Sawout 28 LF /LIP 3.9 Remove Curb and Gutter 75 L! S c~ c /LF 3.A-1 Remove a". Val lay Gutter 5 SY $ S /SY $ ZS . d J Remove 6" Concrete h 3.A-2 Pavement 30 SY /BY $ /Si PrJ 3.A-3 Remove Concrete Rip-Rap 6 Sy $ SI ~ S cc / $ 3R. oc~ 8.2.4 Concrete Curb R Gutter 7S L! $ /ch t^O /LP $ Is C e^0 5.8A 8" Concrete Valley Gutter 5 Sy /SY $ P - 3 WORK DAYS _Q_ j BID NO. heart Road SA arm newer Phase I PO NO, f HID TABULATION SHEET / IT= DESCRIPTION QUANTITY UNIT UNIT PRIG 702" ` 5.89 6^ Concrete Pavo wnt 3; Sy 52s, e0 Is" g /i,~t~1,~1L1 8.15 Concrete Rip Rap 6 SY s ~vco /BY $ 3uo, SP-61 Saw Cut Asphalt 2,300 LP S/CSC /LP 1? SP-4 Lower Waterlines 3 SA SP-37 excavation Protection 2,365 LY $ /LP Contractor's Warranties / 1.21 and Understandings L8 /000 tj: ~ LS Barricade, Warning Signs, 4.1 and Detours - LS X4C,rr LS SP-10 Rook Suavation 2,835 CY $ n t,/ /Cy S 2t~ SP-19 Project Signs 2 a AL/XA $ J~(i,OC 3.1 Right-cf-Way Prep. LS $ ~t> cc AS $ 5~.^6 roc ~ s ! a a / a S / a Materials incorporated { into ro eot gum labor Other s l Total s i ,Y s / $ s / s P-a 1 WOM DAYS 60 _ BID N0. Stu« Bead Drainace PO N0. BID TABULATION SHEET 1 ITSM DSSSRIPTIOK QUANTITY WIT UNIT PRICK T"TAL MMMIMMMMMN~ mom 2.17.3-A 18" Class III RCP 31 LF $ 4/3, o~ /LF $13~-3•e,o 2.12.3-8 18" Class IV RCP 145 LF $ u/LF S( 3 8Q, no 2.12.3-C 21" Class III RCP 86 LF $ ~S 'oc /LF $3~3' ~o r+v 2.12.3-0 21" Class IV RCP Be I4F $47 OC /LF $272 C~~> 2.12.3-2 24" Class III RCP 472 LF $ /LF 2.12.3-F 24" Class IV RCP 192 LF S~e-3. c /LF $/6 "74 7.12.3-0 30" Class III RCP 383 LF S rr /LF $1i 2.12.3-H 30" Class IV RCP 53 LIP $ S~cj•nc, /LF S ~12~.vG 2.12.3-I 36" Class III RCP 452 LF $(3 /LF 53~./~~ r 2.12.3-J 36" Class IV RCP 431 LF $ hb,ic. /LF S~93a8•cr 4 x 4 Junction Box and r 7.6.A-3 Cover 3 to j?.Zp, c, SA 16 ~C~ , oc 5 x 5 Junction Box and 7.6.A-4 Cover 2 NA EA 6 x 6 Junction Box and 7.6.A-5 Cover 1 NA $ On,,r" aA t cc 7.6.A-6 61 Curb Inlet 3 RA S /sA ~fG~.~.c,c: ~c3bl., f1.. i 7.6.A-7 10' Curb inlet 2 to /iA $ t' i 7.6.A-a 101 Spacial Curb Inlet 2 RA $27c~~,CO/BA $5f~o + O•t'J 2.11.6 Inlet free* i Cover 7 SA $ 7L~,~) /SA S/ oa ` Brack Through %xistinq / 7C • C c sP-44 concrete Win wall 1 EA ISO 0~ to 11 SP-2 Sawcut Concrete 36 LF $ /LIP $ OG~ SP-41 Sawaut Asphalt 2 e 304 LF $ -~o /LF o 3-2 Remove Curb a Gutter lag LF $ r1~`,~j S 3YS /LIP 8.2-A Concrete Curb i Gutter 34 LF $ ~0•<~u /LF $ 3•,+C i P - 5 Woo 1 WORK BAYS sce - BID NO. 141? Po NO. BTD TABULATION SHEET I _ DifCRIMTiO4t QUANTITY UNIT UNIT PRIG TOTAL SP-8 Waterline Lowering G CA g/~~..~ 1sA SO SP-37 Excavation Protection 1,377 LP $n, /v /L!' $ 137; 7r, 3.10.7 Hydromulch 40 8Y $ j V /8Y 1 g• alo. 8P-10 ;Ad avation 2,sSO Cx g /Cy $ ~~;SG 1P-27 ater Service 1 to ors Warranties - S'd 3e~~ t,, ct 1.21 ratandLn s L9 LS s, Warnings C 8.1 Detours - L8 L9 00 SP-39 igns 2 to $ 2~cc /sA g 3 G~3.1 Way Prep. LS s / $ s / s Materials incorporated 7U87,? Lnto ro eRct Plus labor Other Sly c' 4 { Total $ i2 1 I 3.10.1 leading $ ~d 5 $ $ P - 6 Hew BID SUMMARY M~16 ID PRICE IN WORDS ~ cam" C5_) 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 fi-Anhed in accordance with the planer 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. 1 Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. L i 8tr**t Address I City and State i seal i Authoriastion j (If a Corporation) G~ 3 j Telephone i t i pamwA a ,,z~'Ador,, CERTIFICATE OF INSURANCE { W r,. Q HOUSTON GENERAL INS. CO. j Q HOUSTON GENERAL LLOYDS O TRADERS & GENERAL INS. CO. P.O. Box 2932 Ft, Worth, Teas 76113 CERTIFICATE HOLDER This Cerlllleets is Wued as • mntsr of lnrnurulwn only and confers no rlgots upon limo Cmwlwe Nokw. TNIs j artitledte does "I emend, AMIMb a Nlsr the coversps CITY OF DENTON, TEXAS dmilbw Wlow. PURCHASING AGENT R£: BID #1431 STEWART ROAD 901-8 TEXAS STREET SANITARY SEWER DENTON, TEXAS 76201 THE MURANCE COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE OF CANCELLA- TION TO CERTIFICA TE HOLOER AT ADDRESS INOIGNTED ABOVE, BUT FAILURE TO MAIL SUCH NO- TICe SHALL "A OBE NO OBLIOA" OR LIABILMY OF ANY KIND UPON THE COMPANY. "THIS IS TO CERT" ; i AT INSURANCE PO.ICY(IE6) UST60 BELOW ARE ISSUED TO THE NAMED INSURED" NAMEOFOMRE0 BARSON CONSTRUCTION, INC. ADWESS 11340 KLINE DRIVE DALLAS, TX 75229 POLICY I EACH LIA81111 TYPE OF INSURANCE POLICY NUMBPA PERIOD OCCURRANCE TE I GitlERAL UAYFLI7V WKLY NJJURY 1 $ c~1rRENCrNNE Q NDNtnMPMHEr16NE PRO"ATY DAMAGE 1 I C3 PAOTRCTNE IIA{Km f0Y~•3ry7 0AO0IV=MPL TE0 DAN RATION SOCKY HJJURY AND ' CONYAACTUAL LIABILITY PRDPERTYDAMAOE• i ICOM&N60ItNOtE L 1 L.J ~ PItt6ONAl INJURY LIMIT) CSL L ❑ $ROAD PACIFIC Is D. lons 10fd ;may,. JJ n LJ OpwNlom 'AppIo to Nted V Hsard ~RSONAL INJUM D (EACH PEPISONI AUQ"LE WAIN WDKYINJURY I l (EACH 00CURANC6) ❑ e1aJ R~DMPAENEIJBNE PROPE PITY DAMAGE 1 YOOILY INJURY AND PROPERTY DAMAGE. 1 i (COMNNE0 SINOLE LIMIT) CS!, E1(CES$ LIAWLILY 000MY 1WURv AND 0"PITY DAMAGE. 1 UWA6LLAPOPIM ICOMEKJED 611JDLE 11 Q UMiR) C& WORKERS' COMPENSATION 12/04/92 ow TO STATUTOr.Y EMPLOYERVUA0ILITY 05 TWC 1030625-00 12/04/93 1 $00.000(EACH ACCIOENM AUTOMO ILE PHYSICAL r OAMAGE•SPECIFY OTHER NAME AND ADDRESS OF AGENCY; COSLE-CRAVENS, INC. PO BOX 429 ARLINGTON, TX 96004 ✓ Count9rei4ned By CH001fkuvwm 0AAI AAM MA ^rAnrAOAa: s, a oooooao a0OGTOO a e ~ a ~~0 a r a N t o Opp ~~44~OOa04~~~ { i , I I I CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF nEWfCW } TgYS AGREEMENT, made and entered into this 6 day of JULY A.D., 19,93 p by and between THE CITY OF DENTON Of the County of DENTON and State of Texas, acting through LLOYD V. HARRBLL thereunto duly authorized so to do, { hereinafter termed "OWNER, • and G071BANTBHD HYDgWiLcH AM SOD ZW, I 6516 COLLEYNILLB BLVD.. COLLMIiz, TRxAS 7603 of the City of _ CpLLara=g , County of TABRAW and State of TE=AS , hereinafter termed 'CONTRACTOR.' WZTNESSLTHt That for and in consideration of the payments anel agreements hereinafter mentioned, to be made and performed by OW and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNYR to commence and complete performance of the work specified belowc BID 8 1513 - SMNM%M AND SOCCER COWTax HYDPO WLCB in the aeount of $38,879.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreements and at his (or their) on proper cost and expense to furnish all materials, supplier, machinery# equipment, tools, superintendencep labor, insuranesp and caber accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the .oposal attr.ebed hereto, and in accordance with all the General conditions of the Agreement, the Special Conditioner 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 CA-1 0114s other drawings and printed or written explanatory matter thereof, ..nd the Specifications therefore, as prepared by J.T. Duenig c AssocIaTEs. Inc. , 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 hereu.ider 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 bamless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third personj 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 expenre, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue i 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 r County, Texas• i i The CONTRACTOR hereby agrees to commence work on or after the data established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and special Conditions. i The OWNER agrees to pay the 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, r VA -Z 0114a r 'kYJVH1, IN WITNESS WSEREOp, the parties of theme presents have executed this agreement in the year and day first above written. ATTEST= C../ CITY OF D W ATTEST: Ho"M 4's C,In1R71N'PEFq DYDJ~014DI,Ct! a Mix. Tit ~ 8lRAL } APPfR" AS TO loi!!E t r1t y Attu ney MNOTJB~i.SC~ SW* of Tons Comm. Ego. 04047 i i r CA-3 Ou'/a I t G 1 PERFOMLKE BOND STATE OF TEXAS COUNTY OF D~)( KNOW ALL PEN BY THESE PRESENTSI That BOWDEN'S GWuwurreaa MHMVLCH A] - Sn rrc_ , of the City of mr.r.RwTrarr County of TlIRRANT , and State of TUM as PRINCIPAL, mad as SURETY, authorized under the laws of 'he State of Tome to act as surety on bonds for principals, are held and firmly, bound unto the _ crr~r of D8 ITON as OWNFR, in the penal sum of TttIR'l.'ff SIGHT THOUSAND BIGHT RMIMD SSVR M NINB AND no4jo Dollars 38.879 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these preaenta: (l WM3tFAS, the Principal has entered into a certain written contract ! with the OW EIL, dated the ~6 day of avLx , 19a, for the construction of 'BID X1513 - SOFTBALL AND SOLXM COWLEX HYDROMOLCA in the amount of $38,879.00 i i j which contract is hereby referred to and made a dpart hereof as fully and to the same extent as it copied at length herein. i i NOW, ThTE M11, the condition of this obligation is such, that if the sail! principal shall faithfully perform said Contract and shall in all raspects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be voids otherwise to retain in full force and effect; PB-l f 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 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined .tn 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 DzMM` 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 sass, shall in anywise affect its obl.igatlon 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. IR WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this day of 19.Z Principal Surety fII ~IG.ii BY Title Title ` Fz.-f Ad ass 5 Address "n rv, W-1 z M< -7 o2, r 1 { I I (SEAL) (SEAL) The name and address of the Resident Agent of Surety ist J/ ~'1 .La ~Y JC/ie f *f, /o r4 1X -7 1 12 VOTE: Date of Bond must not be prior to date of Contract. PS-2 309lb UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 6041 OPA 761 For verification of the authority of this power you may telephone (713) 863.7788. Power of Attorney Valid Only If Last Four Digits Appear In Red OENEJtAL POWIR OF ATPORNEY C RTUUD COPY Know AU Mee by nhese Prereaux, Thu UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these pt"eats make, constitute and appoint ROBY U of D~11aS and State of exas its true and lawful Auorney(s)4n-Fact, with full power S and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver i Bonds not to ex-ciR . and to bind the Company thereby as fully and to the same extent u if such bonds were sigud by the President, sealed with the corporate seal of the Company and duly atteued by its Secretary, hereby ratifying and confirming all th~i~he}akL ftwer notice 1 I1lfU1Cr pOtfCC within the above toted limitations, and such authority is to continue in force until Said appointment is made under and by authority of the following resolution adopted by the Baird of Directors of Universal Surety of America at a orating held on the I lth day of July, 1984. "of N Resoh al that the potstwtu, any Via President, Secretary or any Assistant Secretary aball be and is hereby YaW wish full power aced authority to appoint any one or more suitable persons as Attomey(s)-In-Faci to represent and an for and on behalf of € the Company." " RBSOLVEO that the signature of any officer of the corporation, and the seal of the corporation may be affixed at printed by faaimilc to any power of attorney of the corporation, and thu'snxh printed facsimile signature and seal shall be valid and binding upon the corporation." IN Wfatess WMrn/, UNvenai Swwaettsy of Amaka Ism aired tires puttee to be sipW by Its Pr gidint. John Knox. Jr. aodits cooporase IW to be henna affixed W& lot day of MAreh A.D., 19 20 i UNIVERSA I A C~ rg~4 State of7eau " 3o n nox,"Jr. County of Harris es' 'y` rte this _ 'at day of J AUj ld the yw _4Q-, ore as. Biters y 1j. Stuckey a nary WAC. personally swe" John tine:. 1r. , persoarNy lurowa to rte to be the person who exsctted the widen ImtruarM as President on behalf of the corporatlea Ihertiel r j named and acknowkdgM to m that the eonwatiou o"cused h. - 1 el Ft f I J'lI ~ Q,,(p3k4 tl,\• r~l Nory Pubik I, the undersigned Secretary of Universal Surety of Americo, hereby certify that the above and foregoing is a full, true and correct copy of the Originst Power of Attorney luutd by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. GIVEN under my hand and The seal of said Company, at Houston, Texas, this _.(/S-~' day of 19 Sea::ary COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surey, of A merica et 1812 Durham, Houston, Texas 77007 or by calling (713) 863.7788. I f the problem is not resolved you may also write the State Board of Insurance, P.O. box 149091, Austin, Texas 78714.9091, Fax(512)475-)771. Tbis notice of complaint procedure is for information only and does not become a part or condition of this bond, Any instrument Issued in excess of the penalty Noted above is totally void and without any validity. t PAYMENT BOND STATE OF TEXAS COUNTY OF DMfZM IWOW ALL MW BY THESE PRESUTS : That amsW e s GuApArnM ayDROMMCM s n Tiffir'- of the City of COMMMLLB County of and State of TVs" ~ , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for s principals, are held and firmly hound unto TM CITY OF DMFTO" OWNER, in the penal sum of - IR" $IGBW TaonsMM RIGUr no Dollars 38,879.00 for the Payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thee presents: y' WHO, the principal has entered into a certain written contracr with the Owner, dated the ~ 6 day of JULY 19 93 i BID / 1513 - SOS TMU i LWCER CQFOPUM HYDP"MLCH 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, said Principal s KOVj TTN'REFORE, THE CONDITION OF THIS ODI.ICATION IS SUCH, that if the subcontractor in the Psy all claimants supplying labor and material to his or a this obligation shat,], be voidi otheof rho raiiie to work effect tract;, than in full force said PROVIDED, BOWEM $ that this bond is executed provisions of Article 3160 of the revised Civil Statutes of Teas same pursuant Co the by the acts of the 72nd Legislature, aegular Session, 1991, 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 l ngth herein. PD-3 i' 91!'S•s: Y1' Y N Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the texua of the contract, or to the work performed thereunder, or the plans, specifications or dr wings 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 WITWESS WHEILEOF, the said principal and Surety have signed and sealed this instrument this jq-~ day of ~~-t~__ 39 Principal Surety y w. S j.,z Title C nA~7 Title _14. Address l Address toil _2t7) (SEAL) (SEAL) The now and address of the Resident Agent of Surety is: ~ j i ^Vo}y[, -T1C 74JI i 1 . PB-4 0O92b f UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 761 6041 For veri CPA lcalion of the authority of this power you may telephone (713) 863.7788, Power of Attorney Valid Only If GFJVUU POW89t OF ATToUfeY - CXgTUUD COPY Last Four Disks Appear In Red Krrorv Ad Men by T1ere Pretext; That UNIVERSAL. SURETY OF AMERICA, a the laws of the State of Texas, and having its principal office in Houston, Texas, does b them presents duly organized and carting under by aesenta make, constltuu and appoint u of Dallas and State of CxaS and authority hereby conferred in Its name Its true and lawful Attorney(s}in-Fact, with full power place and stead, to execute, acknowledge and deliver on not to ex and to bind the Company thereby as fully and to the same extent as lfsucb bonds were signed by the President, scaled with the corporate sal of the Company and duly attested by its Secretary, hereby ratifying and confirming all IY ~+W Atturrey(s In Fact may do within the above "aged limitations, and such authority Is to conrlaue In fora until , Via, tt24 _ Said appointment k made under and by authority of the following resolution adopted by the hoard of Directors of Universal Surety of America at a mating held on the JIM dty of July, 1981. "At It Resolved that the President, any Via President, Secretary or any Assistant full Power and authority to appoint any one or more suitable persons as Altorney(s}In.Faci Secretary Cdelnt abe sad Is hereby vested with the Company." nd act for and on behalf of "WOLVO that the signature of any officer of the corporation, and the sal of the corporation may be affixed or printed by t facsimile to any power of attorney of the corporation, and U such painted facalimle signature and sal shall be valid and binding upon corporation." fa Wftrsnr Wkffog4 UMmul3wet of Acetic his awed that presents to be signed by Its i to be hereto affixed title ` t ■ t day a<X11tekt and Its oorpwase sal , A.D.. 19 911 ~r P, UNIVE70ft Sisk of Texas Ry County of Harris w . / !hn n, h+tii/au ' On title .-I.L_. day of March In the you . , w W i t"I iy }}t a notary ptrbilic, persons* appeared john Knox. tr . , personally known to sae to be the 3 [Rrsott who atracuted the wkhia blttrstsssmt sa Prasidant armed and aeknowfadged to Mt that the on behalf of tAe corporation Ilertin ' 1 corporation executed it. rwar i Lt „erry`. Notary public 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by uW Company, and do hereby further certify 141 the laid Power of Attorney is slit) in force and effect. GIVEN under my hand and the seal of said Company, at Houston, Texas, this j+ day of 19 , COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Un vtersal Surety of America m 1812 Durham, Houston, Texas 77007 or bycalling (713) 863.7788. If the problem is not resolved you may also write the Slate Hoard of Insurance, P.O. Box 149091, Austin, Texas 787149091, Fax (512)475.1771. This notice of complaint procedure is for information only and does not become a part or condition of this hand. Ana' instrument Issued in exam of the penalty stated above Is totally void and without any validity. CITY OF DZNTON INSURANCE REQUIRMONTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carrii,rs or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse- ments as proscribed 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 aball have a duty to maintain throughout the course of this contract* 6TAVARD PROVIST at ORB 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, Contr tor 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, isk 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 t1iese general specifications throughout the duration of the Contract, or longer, if so noted-, 0 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 & e Any deductibles or self-i"ured retentions shall be declared in the bid proposal. If requested by the Citye the insurer shall reduce or eliminate such deductibles or solf-insured retentions with respect to the Citye its R*VLNed 02/OS/93 ~h'. ply I 1 I I lhsurance Requirements page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall bn endorsed to provide the f following: ■ Name as additional. insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary in to any wiother th respect insurance available to the additional claims covered under the policy and that this insurance v applies separately to each insured against whom claim is II made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or, reduction in coverage. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout uhs tam 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. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate I limit providing for claims investigation or legal defense E t costs to be included in the general annua.1.aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability t Insurance. • Should any required insurance lapse during the contra-c 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 data. If insurance is not reinstated, City may, at. its sole option, terminate this agreement effective on the date of the lapse. Revised 02/05/93 YW 'i Insurance Requirements Page 3 SPECIFIC ApbITTONAL *NeIIRaure 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: (x] A. General Liab4llty insurance: General Liability insurance with combined single limits of not less than _s;,nn-nnn_nn 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this ' oontract and broad form property damage coverages. j + Coverage B shall include personal injury. ' • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and I80 Form GL 0404) is used, it Shall include at least: • Bodily injury premises, Property Damage Liability for j operations, products and completed operations, independent contracltors and property damage resulting from explosion, collapse or underground (XCil) exposures. • Broad form contractual liability (preferably by eitdoreement) covering this contract, personal injury liability and broad form property damage liability. 1 (X] Automobile UAW tLI lasurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than . U0,,00-00 per occurrence either in a single policy combination of underlying and umbrella or excess policies. R+vi•M 02/05/93 r Insurance Requirements Page 4 The policy will include bodily injury and property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001 Current Edition) [x] porkers gA=ensa 1g Jns ranew 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 The Contractor shall obtain, during the pay for and maintain at all times g 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 l 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 r the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damwq- er occurrence with a aggregate. v Yn_ s_ ursna~ Coverage is required if Broad form General Liability is not i 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. Revised 02/05/93 insurance Requirements ` page' 5 Profs [ ] Professional liability in with limits not less than per Claim with errors or omissions in connection with profs sionale serviceis~ is required under this Agreement. 92 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. 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. i t I i Arr ooozn Revised 02/05/83 SECTION 00300 • PROPOSAL FORM 00060.1 TIME: 2;00 P.M. 00060.2 DATE: June 22, 1993 00050.3 TO: Purchasing Agent City of Denton 901 B. Texas Street Denton, Texas 76MI Gentlemen: 00050.4 STIPULATED SUM The unders V*d having examined the Contract Documents entitled: l i North Lakes Park, Complex Hydrmach, aid #1513 City of Denton and having Visited the alts of the proposed constructlon, and having tamularized himself With time local conditions affWing the cast of the work, and with all addenda to the said documerka, heraby proposes to furnish aN supervision, labor, materiels, equipment, tods, and accessories and to do aft work In accordilince with said documents and addenda thereto for the stipulated sum op E ~.~ilf~£'£2 rslr /l r•~c wit ~icAihLi~nrr.. Dollars ('-a42-z9 . <s , y Haig bid ..~d'✓s.~/. y ~l/, e~.% ~..c:~.e. s IIj 1 Note: Amounts shall be shown In both words and figures. In case of discrepancies, the amount In words Shall govern, t 00300 ~ f i r 4{ i1s, ~A rl l,f ~r7}}y ADDENDA, This wol acknowledge receipt of the following addenda which are part of the Bidding Documents: Addendum No Addendum No. Addendum No. r-`-'-~ Addendum No. The undersigned bidder hereby declares that he has visited the she of the work and has carefutly examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commove work within ten (10) days after date of written malice to do so and to substantlally complete the work on which he has bid within C~ cortsecutive calendar days subject to such Wdensiona of time allowed by specHk atlons. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period f of 60 calendar days after the scheduled dosing time for receiving bits. The undersigned bkddsr understands that the Owner reserves the right to reject any or all bids and to wales any Worrnalkles In the bidding. Enclosed with this Bid Is a Certified Check for: DOLLARS ($.1y y °-5 i or a Bid Bond In the sum of I j DOLLARS (S which it Is agreed sW be collected and retained by the Owner as liquidated damages In tfte syent this Bid Is accepted by the Owner within 60 days after the bids are received and the undersigned falls to execute the Contract and the required Bonds with ti+a said Owner within tan (10) days after the date sail Bid is accepted: otherwise said check or bond shall be returned to the undersigned upon demand. 00300.2 I B t f (firm name) By Add" et •S" ~e~iu-~ 76o3s~ city. Stem, Z ► Coda aorta 'If ftdw Is a Corporation f 1 I 1 I i I ' t I J f 00300.3 i j } I~ I e J U L - 1 9-93 M O N 16 0 4 0 KAY G R A N G E R I N S P 0 2 A"Ra. CMFIC;ATE OF INSURANCE ,R palRpgrq (17/19 /03 ,MeO1Ra11 INS COWIF10AT9 IS I&SV IO AS A MATTIR Of WORMATM ONLY AND 0010'102 NO RKUMI UPON TNM C111"CATZ MXDVR. "0 QailTWATI 00112; NOT AM M, UTM OR ALTER YI111 OOVW%A011 AMOMM W TM wim , Ray Granger Insurance Agency, Ina, COMPANIES AFFOFIDINQ OOVERAQE 6464 Brentwood stair Roar! Fort North, Texas 76112 V,''"t'A Gulf Insurance Company (817)416.1460 I 10MOA1e MV 8 Texas Worker's Compensation lijot.Puad roxden's Ouaren Bed Hydroaulch A Sod, I~~ C 6616 Colleyville Blvd ~"rD Colleyville, Texas 76034 irmll NOIOAtfOAIOTYffifMl?AIJINOAM4~~5 *,w Q~ OY11 MM NeNeIN L MAY,uri emt ►9= rRIP M e AMM o rwe Of smR~unRts P" V 0111erol U110" a+sasn uASr+r. erlexµ Aft%kn A x oomme"k cuAn M ' TO"7667062 a-16-92 6-16-93 ~0 "~"0° '1R 1 1404 gYMMy 0 R1,1NI Nkl60 P"T. ~110"ti a MY. MA+1er 1110001000 2#M OOOtx111a1101 0 wxt DAVA" Om on my i I , 0001000 _ so welw rw 601400 Alnem0eal uAwTV o~ wee aau 1 A A,n wto 0" olsreI An,M U5432108 8-16-62 8-13-93 ~pp~v rtxMV 1 ~01NINR1roan~r. ptiltMRiIJ 100000, RR>f+ru1 MINM ~Qp~ f IIDNO1RNr4AYlf1i RMMOy101t~v 3001000, r eAAW Uhftf I Y reoFeArv pWelt 1 10000006 cxtoafl LMAWIV ' aADw OtdtMlleNes 1 NMRRat~R,IRw AO0Ae0ATe 1 Omen "VA UW M LA FORM McReMle a ewexr~ras OrAf "M Lon r aw TS1103060-00 8-11-92 8-11-13 1000000 f wriR►rrm1 `wsn+ slatitae.rouov tMr+ Epp, 000 N rsaeA1rT1011 a ernuTrosenoorneswslraarn~saAL Hess Additlong), luAured (General Liability t Business Auto) & Waiver of BubrOgation (Morkere'coup)t city of Denton, Its Officials, Agents, 9sployess and Volunteers, aitin Ha3i+I e~x s»»sa2-4a~$+ Attn I Toil ,haw 610YLD ANY OF TAI: AbM MCA= PWM 04 eAti "M se 08 TAX city of rwtttun gopwrtolt we r4mor, Tw 1aww cowAnv w1u 1 XlOt 901-0 Texas sLreet MAn DAYawwMwoM ro7woarrMA12taLOtp111Ars "m Unton, Texan 16201 uarr, WON= 3113=11111 1-1 IN I I ~4itc~tc~rl+cxlKxl~ec6wll~>t1I ,Jtl. 19 '93 16 1 47 6174299608 PAGE, 002 f 0000000 oaoaQoooo~k DOti o o c +It o O ~QQDOQd~ ,rye I l 1 r r t I Qk rc.~ ~CONTRACT AGREEMENT STATE Of TEXAS COUNTY OP DFATW THIS AGREEMENT, made and entered into this 3 day of an am A.D.,, 19..13j by and between TEX ci OF of the County of Dw"M and State of Texasp acting through LLOYD-n•- AARRSLL tbareunto duly authorixed so to do, hereinafter termed 'OWNE'R,' and -Jns HMM _ADAD.. SMTR 101. R1T,7 ~R TRYaf` 71111a of the City of e.:'~. County of n,T.T.za I cad state of TEXAS , hereinafter tarmed 'CONTRACTOR.' WITNBSSBTBs That for and in consideration of the payments and agreements hereinafter mentioned, to be nude and performed by OWNQ,, and under the conditions expressed in the bonds bearing even date berewitbp CO11fRAC'1"OR hereby agrees with OWNBA to commence and complete performance of the work specified belows sin a 1S CIVIC CENTER P Qr/CITY Bair SLh7evtir 7tw•Qj TT[1ti ♦w 3 of $16.900.00, t and all extra work in connection therewith, under the terms as stated in the E General Conditions of the agreementi and at his (or their) own proper cost and ` expense to furnish all materials, supplies,, saalsiaety, equipment,, tools, superintendence,, lahor,, insurancep 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 Alteementp the special Conditions, the Notice to Bidders (Advogtisemaat for $ids)p instructions to Bidders, and the Performance and Payment Bondap all attached hereto, and in accordance with the plans, which includes all slaps, plats, biusprintsp and CA-1 01118, AVG 6 S93 other drawings and printed or written explanatory matter thereof, and the Specifications taereforeo as prepared by PaRXS 12H DEPARMHENT all of which are made a part hereof and Collectively evidence and constitute the entire contract. Indopandent Status It is sutually understood and agreed by and between City Contractor that contractor is an independent contractor and shall not abe deesed 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 otber City employee benefit. City shall not have supervision and control of Contractor or an contractor, and it is expressly understood that Contractor shall employee the Services hereunder according to the attached s perform the direction of the city manager of the City of Denton# Texas , or hiss designee under this •greesront. ~ 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 I what-.,~el~ by reason of injury to property or third persons occasioned by any i Arturo omission or negligent cot of Contractor, its officers, agents, amployees► invitees, and other persons for whom it is legally liable, with i i regard .d to the performance of this agreement, and Contractor will, at its cost xpenseo defend and protect the City of Denton against any and all such claims and demands. choice of Law and Veeue 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 j County, Texas. The COWMACTQR hereby agrees to oommence work on or after the date . established for the start of work as set forth in written notice to cosmeno* work and complete all work within the time stated in the Proposal, subject to j such extensions of time as are provided by the amoral and Special Conditions, The OWM agrees to pay the CCNUACmI 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. 1 CA-2 Oll~s ypnl•~ I I V I 2N WITNESS WNZMF, the parties of theme presents have exeonted this agreement in the year and day first above written. ATTEST: --g-rTr or Dorm 1 By (SEAL) ATTIST: i +b.YJ3X SOIMAM CMOTRMTIU' INC. ey I ( S=AIL) ; Nut J Y Attorney r 4 i f y CA-3 OWN, r i11}yil W1'AF PERFORMANCE BOND STATE OF MAS COUNTY OF pgq KNOW ALL MN BY THESE PRESENTS: That Jim BOmm comsTRucTIoB ImC. , of the City of DAWAS County of nALLAS , and State of _Tauna as PRINCIPAL, and _THE aLENS F LL INs i AN .y COMPANY as SURETY, authorized under the laws of the State of Taxes to act as surer on bonds for principals, are held and firmly bound unto the Tm eTTY er_ nmm-m as OWER, in the passel sus of ylsraffia rsovsum piles gmnQ,r„ Dollars 3 ie.go~ o~oo for the payment whereof, the said Principal and Surety bind tbemeelves and their heirs, adrinistrators, executors, j successors and assigns, jointly and severally, by rheas presents: f URVILS, the Principal has entered into a certain written contract j with the OW j dated the ,4 day of aUMC~, 19,x, for the construction of HID 3 1522 -CIVIC GAITER PIlRlC/CI77 t, arnw~nrr EMOV TICH In t &....~.,r.. a16.9eo.oo which contract is hereby referred to and made a dpart hereof as fully and to the saw extent as if copied at length havain. j NOW, THIIEPOR;, the condition of this obligation is such, that if. the said principal shall faithfully perforsi said Contract and shalt in all respects, coaditioas and sgreemats in and by said contrsct agreed and coreaanted by the Principal to be observed and perfonod, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, than this obligation shall be voids otherwise to "main in fall force and Offset} ' PB-1 Awl PROVIDED, HOWEM, 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 72nd Legislature, Regular Session, 199t, and all liabilities on this! bond shall be determined in accordance with the prov±.aious of said Article to the same extent as if it were copied at length herein. MovIDED FiJBMM, that if any legal action be filed upon this bond, venue shall lie in t)mr",,, Ccunty, State of Texas. Sursty, for value received, stipulates and agrees that no change, extension of tine, alteration or addition to the terse of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WIMS WHEREOF, the said Principal and Surety have signed and sealed this instrum,:.nt this 16th day of August , 193 JIM nnuwau C'PK TRU4TI0NNY INC. THE GLENS FALLS INSURANCE COMPANY Principal urety 9y Linda O'Nale Jim owman Title rte' Title Attorney 600 N. Pearl St., 14th Floor ~ Address 10209 Plano Road, Suite 101 Addrua nal las_ _TA rAA 75215 Qallal. Texa9_-75201 f (SFAL) (SF1L) The gams and address of the Boldest Agent of Surety isi j J - roo Corporation of Tam 5420 L.B.J. Freeway Suite 1400 - Dallas, Texas 75240-2652 j NOTZI Date of Bond must not be prior to date of Contract. Ps-2 0091b The Glens Falls Insurance Company 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by the" PreWntSr Thai THE GLENS FAILS INSURANCE COMPANY has made, constituted and appointed, aced by thew presents does make, constitute and appoint Jerry Y. Rose or Linda O'Nale or Ebobert L. 3lxieck of Dallas, Texas its true and lawful attorney, (or it and In Its name, 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 suretyship executed under this authority shall exceed in amount the sum of 1 Uraimited Dollars. This Powerof Attorney is granted and Is signed and scaled by facsimile under and by the authority of the following Resolutksn adopted by the Board of Directors of the Company on the Itit day of November,1977: "RESOLVED, dsM the ChMmwn of Mw Ioerd, ew Vece tlsarrrun d eee Weed, she hsnideM. m Ewindve Vke hesWeew ar a Senior Vkw hweidenl ore vise ►wUdwete d she CaegNY.a,anddVaswehoranydRwmheewbyh,wdwruedbweectRtPOwersdAROrnwy drenbreNyrrmednthe~enPowerofAnamrybeiererN7nheMlforlM eosttpaey, berm, wedeewbawmW aR cw*wb of wwenhipi aW tkm m Aas"w W o ft%W@ Swmary ar m Assia" Swoury be, and dot ode a aw at oom h"* is, aeahaested to mean Rw erc~ d ow such Pawn d Attoemy, and to mach etweeb tM wd at #0 Company. FURTMER RESOLVED, OW Ow siip ores of such e^ree &W the wal of the Company may be mixed to any wrh Puaer or Albmey or to any MtAtW mlNip *AM* br . 6a*the,an1wyswd%Pc OARa"witNMkaee Kchfa:%k"A# 'WUmahskrAle lshaNtwwkdmWbW ir4%0wMwCo*"wWmwaRaedrdNtMluaw wtdr rvgw b aey bond, wdwAaboK or twereo of wWo p to which M M. Raised." Ia Witoeas Wheneol, THE GLENS FALLS tNSUKANCE COMPANY has caused Its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and arrested by one of its Assistant Vice Presidents this 1st day of May, 1965. THE GLENS FALLS INSURANCE COMPANY Attest: ~'YM Robes W, Adler, Sr., AmbUM Yen "We" Mklwwt J. r1 ~ e hesWwm STATE OF NEW YORK COUNTY OF NEW YORK T7 On this 19 day of May, 1985, before me personally carne Michael). Beevnaert, to me known, who being by me duly sworn, did delwse i ! and say that he is a Vice PreWent of the THE GLENS FALLS INSURANCE COMPANY, the corporation described In and which executed the above Wwoo eeot: that he knows the seal of the old corporation; that the seat affixed to the said Instrument is such corporate seal; that it was dj to affixed by order of the Board of Directors of mid corporation and that he signed his rime thereto by like order. 4~ rafavolk %y\avn~~+ ti•.., E711EL Y NOTARY f~LNI Kdlr%t * Vole Me. 244M S t AMMe s0, cow" C"Wmlien F30" ATE I, the undersigned, an Assistant Vke President of the THE GLENS FALLS INSURANCE COMPANY, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attomey remains in full force and has not been revoked; and furthomwe that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, In the State of New Yak, Dated the 16th day of August 19 93 MN~ , lames M. Keane. AsWani Vice hresxseM 63 SOND 1315M Printed in USA. I14a0iCTANT NOTICE To oirmit INFO 04ATION OR MAKE A COMPLAXW You w it aolfrArT TIRE T©cAS DwAnnwr of INSURANCE TO OMTAIN IWOIMMTION ON DIES, Cov MAGnt RISM OR CWVLAINTS AT: 1-00-252-3439 You MAY mum THE TvAs Do►AIrmm of IMSRg1AI u: P. 0. Box 144104 Ausmi, TX 78714- 104 Fm 0612) 475-1771 I PROM OR CLAIM DISMM: SHMD YOU HAVE A DISPUl COIIcmNwl YOUR MRIMU M OR ABOUT A CLAIM YOU SND%;;LA CIIKrACr TIRE AQW OR COPAMY FIRST. IF TM DI MTW, is NOT RESOLV® You wlr OONTACT TmE TExAS D"rweb.. OF DMXW CE. ATTACH 7HIS NOTICE TO YM POLICY: THIS NOTICE IS FOR IIPORIMITION ONLY AM DOES OW ORCOME A 'ART OR COMOZ I=OM of IN ATrAOM bOCIMlifr. r i PAYHENT BOND STATE OF TEXAS COUNTY OF 1 KNOW ALL MEN BY THESE PRESENTS: That JIM SOMMM a)"STRDCTION of the City of DALW County of ,,S , and State of THE r S FALLS INSURANCE COKPANY A-,' ON PriaciPal, and authorized under the laws of the State Of Tons to act a surety on bonds for principals, are held and firmly hound unto TBS ITY o O*fa i in the Penal sum ; if $2 M IM M Am no 100- _ TBOVBAIID MINB for the Dollars payment whertof, the said Principal and Surety bind themselves and thai: beirs, administrators, executors, successors and assigns, Jointly and severally, by thss prasents: f SWERZAS, the principal has entered Into a certain written contract with the Owner, dated the 3 day of AtIGU ' BID 1522 - CIVIC CM"n PAWCITY BALI. SIDMU" RENOVATION to which contract is hereby referred to and made a # some extent as if copied at length herein. part hereof as fully and to the i NON, TBM8F UO TIM CONDITION OF TBIS ODLIGATION IS SUCH said Principal shall ,that if the ~ subcontractor in the pay all claimants supplying labor and marrrial to him or z this obli flea P~seatioa of the work provided for in raid contract, that shall be raid, otherwise to remsin in full force ad offset= J PROVIDED, gQt164EB provisions• o! Article 3160 of the revised tCirilStatutes of Texas as amended to the ! sets of the 72nd Legislature by the . bond shall be determined ' i~r Session, 1991, and all liabilities on this in accordance with the provisions of said Article to the same extent as if it wart copied at length herein, PB-3 i L• Surety. for value received, stipulates and agrees that no change extension of t3.wo, alteration or addition to the terms of the contract, or to tht work performed thereunder, or the plans, specifications or drawings accompanyin: the same, shell in anywise affect its obligation on this boad, and it doer hereb: waive notice of any such change, extension of time, alteration or addition to th4 terms of the contract, or to the work to be performed thereunder. IN WITHRESS WHEREOF, the said Principal and Surety have signed an: sealed this instrument this 16th day of August 19 93 , JIM BOWMAN CONSTRUCTION COMPANY, INC. THE GLENS FALLS INSURANCE COMPANY Principal Surety JIM wman n MEN Title Title Attorney Address 10202 gjag2 Road. Suite 101 Address 600 N, Pearl Sti 14th Street Dallas, Texas 75238 Dallas, Texas 75201 (SEAL) (SEAL) The now and address of the Resident Agent of Surety is: J Jerry P RQRe - Willis Cor oon Corporation of Texas - 5420 L.B.J, Freeway, Suite 1400 - Dallas, Texas 75240-2652 { e ' PD-4 009Sb IiAli.'iM{ 4 lfAINTENANCE BOND STATE OF TEXAS ) COUNTY OF qWTION INC. KNOW ALL MEN By THESE PRESENTS: THAT hs Principal, and LLS INSURANCE COMPAN-Y`-`~"~ TeaYr, as use: a Corporation tut orize to o usineer in Stare o the City of De tono Aereby aeknowladge thasselvee to be held and bound _to unto Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sus of . t e tot amount or~ a contract or the Dollars surety do hereb payment of xhi sum sad pr ncip YJ 07 severally. y bind theaselves, their successors and assai al and gns, jointly and This obligation is conditioned, however, that: has this day catered ;~_Wr~' said JIM M caasrxocrzom Xwc. had th construct BID tto a Witten contract wi# 1522 t enton TIOX t0 ul ` CIVIC CStt= PA /CITY HALL SID ty a a►ruac xaeavaxlax Vtd contract City of Denton, are filed app cat oar re mentions , a opts ° led with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made h were written and set out in full herein, sad: part hersaf as though the same WRVVrAs, under the contract, it is provided that the Contractor said pLru, specifications, and the work thexe~ contracted to be will maintain and kee cpeir from the herein of acs to done and performed for a period of Ott o(1) year date become eater ep nce thereof and do all necessary backfilliag that may " in conoectuo therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper the sruc o improvements contemplated by said contractor on constructing a or an account of improper excavation or backfillin that the purpose of thin section is to cover all defective gconditieons arising oby reason of defective materials, work, or labor performed case the said Contractor shall fail to re p by said Contractor, and id j Lproveseats it is agreed that the City may do saidrwwork reconstruct contract sad sapply such materials and accordance wi"In th aid and its surety on this obligation, and Contractor aid su against the said Contractor to the daseges is said contract for each day's failure on ~thdhall be subject Contractor to comply with the terms and provisions of sold contract an pathis bond. sold 0093b ~-1 NOW9 THEREFORE, if the said Contractor shall perform its agreement to saiatain said construction and ka period of one (1) yoxr as hes~ ~ tams In repair for the saints na eia and said contract• ovided, nts ahal.l be null and wAd and have no further effm:t; pr otherwise, then remain pin sfuill 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 boon exhausted, and it is further understood that the obligation to maintain said work shall continua throughout said maintenance period and the same shall not be changed, dimtnishod, or in any maLuar affected from an ng said time, w IN WI=US OF the said IM BOWMAN CONSTRUCTION COMPANY, INC, %a Contractor _ 'p no that pra&ants to execute r Ocipa s caused Jim Bowman and the said THE GLENS FALLS ~ 11!1111111 11 "1!!11 MARY as ouraty, hex caw . ea presents to execute ~ is . ttox~y- n- acL and the said Attorney-in-Fact has 4Feunto set n d t s 2 t i ar ox August ~ 19 93 'i SIIfLLTYt #,I PRIh~I UAL: i Byt E Y JI WMAN CONSTftf?"oMPANY, INC. O'Np~e ttarmay- - act Jim 6awm8r~, a I r~ E A i MI-2 0093b i NILk`h J.tlMUYI' CITY OF DENTON INSURANCE R,E=RF.c~ENTS FOR CONTRACTORS Bidder,'s attention is directed to the insurance requirements It is highly recommended that bidders confer with their eective insurance carriers or brokers to determine in advance of Did submission the availability of insurance certificates and endorse- meats as prescribed and provided herein. If an apparent low bidder fails to comply strictly with to insurance r bidder may be disqualified front award of the conntract. Vpontbid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. AXAMULAWYM2M Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted wort- has been completed and accepted by the City of Denton, owner, the minimum insurance coverage as indicated 1 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 a work or deliver ommenoe as as any material tint that the contract has been accepted! aor she pproved receives sinotificatio ed by the m city of Denton. Sin by the All insurance policies proposed or obtained in satisfaction of these requirements shall comply -kith the followin specifications, and shall be maintained in compliance witheneral general specifications throughout the duration of the Contractth so longer, if so noteds , or ' + 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._Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested the insurer shall reduce or eliminate such deductiblestor self-insured retentions with respect to the City, Its CT Rwvised 02/05/93 '1 Insurance Re page 2 quiraments officials, agents, Contractor shall p Yees and volunteers or the losses and related procure nvestigations, claimnadminiatration and defense expenses, 9 payment of • Liability policies following: shall be endorsed to provide the e Name as additional insured the City Officials, Agents, Employees and volunteers. ~ • That such insurance is primary to available to the additional insureddy with insurance claims covered under respect to applies separatel to the Policy and that this insurance each made or suit is brow ht . insured against whom claim is Conclusion of more The I Insured shall not operate limit of liability, increase the than one inatirer s • All policies shall be endorsed to prior written notice of aanaeliationde thirty(3d) days reduction in Coverage. . non renewal or • should any of the requ Claims-made ired insurance be torn, Contractor shall mai provided under a covera continuously throughout ntain su without lapse, !oae term of this contract and contract expiration period of three Years contract term such that Occurrencx &rising~du the expiration of the ajntr ct shallibe covered melds arfter ~ • Should any of the required s form of coverage that ncl dess oyynce be provided under a ? limit providing !or claims inwstigati~ or nnual aggregate costs to be included in the general egat defense the contractor shall either double the Occurrence ate limit, obtain owners and Contractors cti Knits or Insurance. Pratctive Liability • Should any required insuranas la . term, raguents for pss during the contract shall not be processed Payments originating after such evidence until the City receives contract°! reinstated satisfact laps ory as required effective as of the lapse date.` this not reinstated, Cit It insurance is this agreement affect iVey' athi sate 800 ct Option I term-•n ate the lapse. R•vieed 02/05/93 CI-2 I IMdYM Insurance Requirements Page 3 SPECIBIC ADDITIONAL INSURANCZ nQVJ av=8: 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: (Xl A. general Liability insurancet General Liability insurance with combined single limits of not less than _ssna nn 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 CO 0001 current edition) is used: • Coverage A shall include promises, operations, products, and completed operations, independent contractors, contractual liability covering this' contract and broad form property damage coverages. • Coverage a shall include personal injury. • 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 j shall include at least: • 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. j • Broad form contractual liability (preferably by endorsement) coverinq this contract, personal injury liability and broad form property damage liability. i (X) Autommile Liability Tn Cal i Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than w $3nn nnn per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. R•vis•d 02109193 CZ-3 . MIIt°i/A y Insurance Requirements Page 4 The policy will include bodily injury and property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001 Current Edition) (XJ Yorkers CoangUatign Tasu..ance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Enployerls Liability limits of at least $100,000 for each accident, $1000000 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 I by the Named Insured. ( J MMer f ■ and Contr■clo a e*.gtg9ti V* Liability rnauriac 1 The Contractor shall obtain, pay for and +w aintain at all times during the prosecution of the work under this contract, an owner's and Contractor-'s Protective Liability insuranoio policy I 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. ( J Yirs_ nanaaa L•eeral Li bii+ty Tnsu-`nea 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 oath occurrence are required, CI-4 Revised 02/08/93 i Insurance Requirements Rage s [ J PrOleasi•+••~~ ~'1abilitS► rbsL+rrw..~ Professional liability insurance with per claim with respect toa n,gli 1482 ent than errors im I or omissions in connection with g acts; is required under this Agreement, prates,afona2 services [ J H~lders~ sick j euilderse Risk Insurance, on an Ali -Risk loam for 100 of the completed value shall be provided. Such prlivSr shall include i as "Named Insured" the City of Denton W, all subcontractors as their interests may appear. 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 desoribed in the "Specific Conditions" of the contract specifications. a C~ i i 1 "r0o0RD CI-5 R*visrd 02/OS/93 t ~w,rro j PROPON" 703M FOR RID 01522 CIVIC Claws NUM Am CITY Rua :TS Pavia azanum RUTACMUM CITY OF aRRTOR an~ratr, :sxas Name of Bidder l/inrJ(jM On/ Co c . Date of Proposal e~ucY ~~/9y', To: City of Denton (Owner) Denton, Texas The undersigned, as bidder, in compliance with the invitation for bids for the replacement of sidewalks with concrete pavers at the Civic Center Park and City Hall declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that having carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and having carefully examined the location and being familiar with all of the conditions surrounding the construction of the proposed wor"' agrees to provide all necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed E herein and according to the requirements of the City. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, io .he amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of tho acceptance of the proposal, e bidder shall fail to execute a contract and file a en performan bond bond within fifteen days after its acceptance, in which casa the and asecurity } shall become the property of the Owner, and shall be considered as a payment for E damages due to delay :.,;d other inconveniences suffered by the Owner on account cf such failure of t%o bidder. Owner reserves the right to rejeot any and all yids. Owner may investigate the prior } contracts, either performance of the bidder on other i r public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. i The undersigned hereby proposes and agrees to perform all work of whatever nature required , in strict accordance with the plans and specifications, for the sum of 01 Dollars ~G„~OD W- } ALTERNATE BID ITEM NO, i to delete from the base bid the cost of the removal of the existing brick pavers, DELETEf NO o /,te~o~yryf7y~ Dollars 2.55 a= } P - 1 A=00750.WP5 ALTERNATE BID ITEM NO. 2 to remove existing brick pavers, sort and install only those pavers determined usable and add new brick pavers as per specifications to complete sidewalk. 5ileTZPd ~ i1,eNO w nro,Ga~,4 Dollars OD ALTERNATE BID ITEM NO. 3 to remove existing brick pavers and install complete in place new brick pavers as per specifications. ~~5 /Ura6 ~sltl.►ND. s 0Nsai 4040 Dollars ($70 0 ) UNIT PRICESs The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated on drawings. Prices are for materials furnished and installed. It is further agreed that the quar.cities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Ownerts Representative, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth above except as provided for in the specifications. CONCRETE PAVER INSTALLATION COMPLETE IN PLACE (for addition or deletion) a81 a o lars per Sq. Ft. NEW BRICK PAVER INSTALLATION (for addition or deletion) dollars per Sq. Ft. Notes All amounts shall be shown in both words and figures. In case of discrepancies, the amount in words shall govern. ADDENDA: The Bidder further agrees, and acknowledges, the following Addenda have been received and that the entire contents have been incorporated into this Proposal: Addendum No. Addendum No. Addendum No. Addendum No. 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 i furnished in the fulfillment of the contract. It is understood that the work propos3d to be done shall be accepted when fully comple..ed and finished in accordance with the plans and specifications, to the satisfaction of the Owner. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. P - 2 A3JO0750.WP5 k 1 Tha undersigned bidder hereby agrees to complete all of the base Bid and Alternate Did Item work ready for the Owner"s acceptance no later than August 27, 1993 as set forth in the special Conditions, and fully realizing that the contract wi 1 carry liquidated damages provisions. CoSeal & Authorization by (if a Corporation) oLe n/ 523 Street eas i C`$y a °e Telephone P 3 , j s i. AT300750.WS 8/11/93 (MMIDDPYY) • OF INSURANCE lu UE DATE PeoollaR CJMMTlFlM0AT,;wA INFORMAT15H ONLY AND 70"FT" ERS 0 RIONTS UPON THE CERTfFICATE No4UltA. TH15 CEATIFICATE NOT ASIEND,EfITEND OR ALTER THE COVERAGE AFFORDED BY THE SWINGLE, COLLINS 6 ASSOCIATES IE BELOW. 13760 NOEL ROAD, SUITE 850 COMPANIES AFFORDING COVERAGE DALLAS, TX 75240 COMPANY BITUMINOUS CASUALTY COMPANY LETTER A C"FANr ! LEr7ER B TEXAS WORKERS COMPENSATION INSURANCE FU1iD amm~ COMPANY JIM BOWMAN CONSTRUCTION CO., INC. LETTE~ 10209 PLANO ROAD, SUITE 101 COMPANYD DALLAS. TX 75238 LETM E LIMA l T%m $111 TO CERTIFY THAT THE POL0ell Of INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEO NOTMRT"ISTANDINO ANY AEpUIREAIENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH MESPE0T TO WHICH THIS CERTIFICATE MAY N MU90 Olt MAY PERTAIINI, T4 INSURANCE Ex USCi pµ1 AND 0140RpNB OF SUCH POLICIES. LIMITS SHOWN AFFORDED Y HAVE BE N E REDUCED BY PAID CLAIMS. LYN Ir0I LIIIITA CIE Ym eP I OURA*m POLIOY NUYMR On cmmmwm YlUP TT11 GENERAL AOOREDATE 1 2,000,0. UANU" j A COMMBRDIALOrNERA w"IT CLP2114706 12/12/92 12/12/93' mmuCT&COWIOFA6O. / 29000,000 MAW _ X DOCift PERSOxAL. A".Iwu" 1 10000,000 OWNEA CONrMCr01111ePROT. EACH OCCURRENCE 1 1,0000000 X CC 2503 ENDORSEMENT MAE DAMAGE (Any a" *01 s 50,000 MED. E*vm oft OM we" 1 5,000 A AVTMBIOBR.E LIANWY LIMIT ENau 1 11000, 000 Ak" ALL X ALLOWNIoMn+EO A" CAP1802688 12/12/92 12/12/93 bWLYINJURV 1 1 rN SCROCULSO AUTOS t w ) X HIM AUTOS BOMLY INJURY + _ 1. X NONAWNED AIJfO>f (F.[.ecld.M) _ 0AM0E LLVILITY ►y MAtY DAMAGE 1 j A ExomuAmm EACHOCCUA"NCE 1 100000000 i uMBRELAFORM X CUP1782856 12112/92 12/12/93 A00REOATE / 1,0000000 r OTHER THIN UMBRELLA FORM ' aoRBtiaoMuwrO srAruTOar LlMlre B TSF100144-01 03/01/93 03/01/94 EACH ACCIDENT 1 5000000 Awl DIBEABE-FOLKW LIMIT 1 500,000 t111LAYSM' LWMLITY Din"E-EA011 EMPLOYEE 1 I OTNM I i DifWIMM70M OF DPERAr10wA,DOArK~ mqM CERTIFICATE HOLDER IS ADDITIONAL INSURED. RSPB BID 01522 CIVIC CENTER PARK/CITY HALL SIDEWALK RENOVATION OO MATE NOLDrl1 CANCELLATION SHOULD ANY OF THE ABOVE DE84CRISED POLICIES BE CANCELLED 8EFORE THE CITY OF DENTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOM 70 { PURCHASING DEPARTMENT MAIL 30 ?AYS WRITTEN NOTICE TO THE CERTIFICATE HOLOF.R NAMED TO THE 901-B TEXAS STREET LEFT, BUT fAILURE TO MAID yC 7!Q[l~E,~►}~4l,lM'08F,.ND OBLIGATION OR DENTON, TX 76201 LIABILITY OF ANY KIND UP IT OENTS OR REBENTATIVEB, i AUTHMMxED REMEKNTAT MEI i,~~ .I k A001101W I I 000000 oaf 0 0 o b ~10~ G S` y C y r c t a ooO °0°oaaaaaao°~ k E f { f i i ' k .~rrsrrrx.MY~. At j TMPP POWER POOL & INTERCHANGE AGREEMENT " SCHEDULE A - GENERATION PARTY FED - 41993 D1 Minimum withdrawal Time 9 Years J except where noted I lY MRNhy~ ? UFFICDE DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX JI~Q~ StNIT COMMERCIAL ggimu}JALTERNATA RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 18.0 16.0 North Texas 2 1958 Gas/Oil 18.0 18.0 1610 North Texas 3 1963 Gass/Oil 39.5 39.5 36.0 R.W. Miller 1 1968 Gas/Oil 75.0 75.0 -0- R.W. Miller 2 1972 Gas/Oil 120.0 120.0 110.0 R.W. Miller 3 1976 Gas/Oil 208.0 208.0 190.0 Whitney Dam *1 Hydro 30.0 30.0 -0- Morris Sheppard *2 Hydro 24.0 24.0 .0. Denison *3 Hydro 10.0 10.0 -0- San Niguel 1 1982 Lignite 195.5 195.E -0- sub-Total 738.0 g3R.0 68.0 f Texas A&M 3 Gas/Oil 2.5 2.5 2.5 Texas A&M 4 Gas/Oil 5.0 5.0 5.0 f Texas A&M 5 Gas/Oil 11.0 11.0 11.0 Texas A&M 6 Gas/Oil 14.0 14.0 14.0 sub-Total 3265 32.5 32.5 i E TOTAL ZZLI InAl 40,E I Purchased Capacity - LCRA - 1992-150 MNI 1993-125 MWI 1994-75 MW *1) Purchased from Brazos River Authority - existing contract ends in 2019. *2) Purchased from Southwest Power Administrative - existing contract ends in 2003. *3) Denison Dam/Whitney Dam Pooling Agreement - Contract can be terminated with 2 year notice. Approved and accepted on the - day of 2.ze& . , 19A44 E i mow, BRA203 ELECTRIC POWER COOPERATIVE, INC. CITY OF GARLAND B Byl ` By: B cutive V.P. General Manager City Manage City Mana er { CITY OF D N CITY OF GRLENVILLE B By s C ty nager Director, Greenville Electric Utility System , r.,i?I• /twit A , iti+Aift r. vl+~fr s)~+ ub,' , l' 1 . 1 .rat iHN'9FNtvsr C'~1~ u t; OOpppo~40~OGS 46 000 ` ~o qq a o `vO r o ~c ♦ p0~ ' ~ ~ ~4QQp0~flpp~ i E 4 I '`y f ~ r i 9 i I i I } M v~ ~tH f. l: aN1'hlk t . LR118' AQRXNXM T BaTNSS11 THa CITY 07 D1 WON AM R0NUT AM YLIN01t * T s agreement ese) for the lease of real property is made this day of , 1993, between the City of Denton (City3 a~ municip aorporatian of the State of Texas Robert and Elinor Caldwell (Lessor). Texas, and the The parties agree as followss 1. LEASED PROPERTY A. Lessor agrees to lease to City three lots on Stella Street in Denton, Denton County, Texas, more particular) described as lots 31 4, and 5 of Block 6 of the Owsley Park Addition to the City of Denton, as shown in Exhibit A, attached to and incorporated into this Lease by reference (Leased Property). B. City agrees to operate the Leased Premises for public park purposes. ' II. TERM The term of this Lease shall begin on June 1, 19930 and end at midnight on December 31, 1993, unless earlier terminated as pro- vided under the provisions of the Lease. City shall have the right and option to extend this lease for a further term of six (6) months, from January 1, 1994 to June 30, 1994, provided City shall give to Lessor on or before December 1, 1993, .a written notice of this election to take such extension at a rental rate of $100.00 per month. P III. RENTALS AND PAYMENTS A. City shall pay Lessor $100.00 rental each month for the j Leased Property, which shall be due on or before June 1. City may 1 also prepay said rental. All rental payments shall be made to the Lessor at the address provided in Section VIII.F. hereof. i R IV. IMPROVEMENTS A. City represents that it has inspected the Leased Property and accepts it in its present condition. City and Lessor agree that City may make alterations and improvements to the Leased Prop- e:;ty at its own expense as may be necessary to make the Leased Premises suitable for the authorized uses, by obtaining the written consent of Lessor prior to making the alterations or improvements. 1 Notwithstanding this provision, City agrees that the only improve- vents it will place upon the property are playground equipment and that it will not construct any buildings on the Leased Property. B. If any alterations or improvements are made by City to the Leased Property, City shall restore the Leased Property to the con- dition existing prior to the alterations or improvements upon ter- mination of the Lease, if requested in writing to do so by the 01 I` If Y City. City agrees that it will not change the elevation and it shall not erect any fence without Lessor's prior permission. V. MAINTENANCE AND REPAIRS A. The City shall maintain and repair the Leased Property as necessary to keep the Leased Property in a condition fit for occu- pancy by city and shall repair any damage to the Leased Property caused by its employees, agents, or guests, except for ordinary wear and tear. B. Upon termination of the Lease, City shall deliver posses- sion of the Leased Property to the Lessor in as good condition as existed when possession was taken by City, reasonable wear and tear excepted. i C. The City shall provide and pay for sewer, water, elec- trical, and gas service for the Leased Property. Lessor shall be responsible for all taxes owning on the Leased Property. VI. INDEMNITY f A. City shall indemnify and hold harmless Lessor from all claims, losses, and liability of every kind, including expenses of litigation, court costs, and attorney's fecs, for injury to or death of any person, ov for damage to any property, arising out of or in connection with the use of the Leased Property, where the injuries, death, or damages are caused by the City's negligence. B. This agreement is not intended for the benefit of third parties. i { ) C. City agrees that its agents will not permit or cause any hazardous substance to be usod, stored, generated or disposed of on j i the Leased Property except for pesticides kept and dispensed in accordance with state and federal law. VII. CANCELLATION J A. In the event the City fails to comply with any of the terms of this Lease, the failure shall be considered a default and Lessor shall giv© the City written notice of the breach and request the City to correct the breach. Should the City fail to correct the breach within thirty (30) days following receipt of the notice, it shall have the right to terminate this Lease by giving the City f written notice of termination. B. Upon termination of this Lease, City shall have the right to remove its personal property if the removal does not cause damage to the Leased Property. City shall remove all personal property from the Leased Property within ten (10) days after the termination and should City fail to do so, the Lessor may elect to retain possession of the property or sell the same and keep i:hs proceeds or have the property removed at the expense of City. e*AQ Page 2 19 t • D. Upon termination of the Lease, City shall. repair, at its own expense, any damage to the realty resulting from the removal of personal property and shall leave the Leased Property in a neat and clean condition. E. Failure of the Lessor to declare this Lease terminated upon the default of City or the acceptance of rentals by the Lessor after default shall not waive the ri;ht of the Lessor to cancel this Lease for a later default. F. Cancellation by City. The City may, upon giving ninety (90) days written notice to Lessor, terminate this Lease. VIII. MEXELLANBOUS PROVISIONS A. Entire Agrgszan This Lease constitutes the entire understanding between the parties and supersedes all prior or independent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing and signed by both parties. B. Sublattinc or Assig ens. City shall not rent or sublease the Leased Property or assign this Lease without the prior written f consent of the Lessor. C. Lease Binding on Successors and Assigns. All covenants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successors or assigns. No modification of this Lease shall be binding upon either party unless written and signed by both parties. J ; D. JgXjXability. If any provision of this Lease shall be declared void or illegal by any court or administrative agency f having jurisdiction, the remaining provisions shall continue in f effect as nearly as possible in accordance with the original intent of the parties. i F. Notiog. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid, as follows If to the Clay, addressed to; If to Lessor, addressed tot city Manager Robert H. Caldwell City of Denton 2603 Jamestown Ln, g 215 L. McKinney Denton, Texas 76201 Denton, Texas 76201 Noticre shall bb deemed to have been received on the date of receipt as shown on the return receipt. Page 3 9 i G. HesSjjagn, The headings used is this Lease are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of 4:his Lease. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF DENTON, TEXAS, the City 8Y: , CITY XAMAGER ATTEST: t , j look y ~FER TERS, CITY SECRETARY j APPROVED AS TO LEGAL FORMS DSBRA A. DRAYOVITCH, CITY ATTORNEY SY ' } r J L OR Robert Caldwell Elinor Caldwell 9s\" oca\x\C,u.WNLL Page 4 s 4kal 0801 I pOO~~da oanfl0D00p0~0oo i pp o O~ c ' o a ~Qp~~O r o x s ~o0O0 oQOOOnn~~o J I k t , F E i t I~~ 4i ~w II t 1! .~j~•- Mal 1'r CONTRACT AGREEMENT j STATE OF TEXAS is COUNTY OF § r THIS AGREEMENT, made and entered into this day of _-..S~.CT9B68 A.D., 19 -93, by and between T~ ITy OF DENS - of the County of DENNPpN and State of Texas, acting through LLOYD v. BARRgu thereunto duly authorized so to do herei t, „ William J. Schultz I ? Q " nc. lA11 and v of the City of i+T WoRTx , County of raRRaxr and state of TMM CO „ hereinafter termed s " NTRACTOR. WITNFSSETn: That for and in consideration of the payments and made f and r OagNERreements performed by i and underithetc nditionsnexpressedein the b nds beari date herewith, CONTRACTOR .hereby' agrees with owNt;R to commence®and i complete performance of the work specified below: DID i and all extra work i.n connection therewith, under the ter- as stated in the General conditions of the agreement; and at his (or their) own proper coat and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the 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. Performa(Advertisement nce and Payme for Bids)all attached hereto, and in accordance with the plans, ~wh choincludes CA - 1 r all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGiNxssTNr o'b'i'.1!RAHGb^'Z' A!1!T nN all o!' which are made a part hereof and collectively evidence and constitute the entire contract. ;ndenendent Status It is mutually understood and agreed by and between City and Contractor that Contracto- is an independent contractor and shall not ba deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, soc~.al 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 liability of any kind whatsoever, by reason of injury to property I 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. j j Choice of Law and Venue J 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. i The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. j i 2 f n i 1 w II r IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A ST: OWNER it P (SEAL) ATTEST: f WILLIAM J. SCHULTZ, INC., DBA ( br7 1-4 CrR= "c" COKSTNXTION COMPANY CT ' CONTRA R gy i Title W LL[AM J CHULTZ,-PRES. _ (SEAL) AP~AOV D AS TO FORM i ! AAA0184D CA-A3 MKh i PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DSNTON § j WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCIS "c" CoNSTROCTIoNCOMPANY of the City of zm yokm Cour!ty of TARRANT , and State of rac as PRINCIPAL, and FECQ INSURANCE COMPANY OF AMERICA 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 or nENTON as OWNER, in the penal sum of Two aT-w-M ricnT4 n=29== aaM HIwww rim savex rum 50i30R-- Dollars 2A3,'757 So } for the payment whereof, the said Principal and Surety bind themselves, and their heiris, 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 5 day of _ ocTumm 19 93, f or the construction of BID # 1541 - CooPag CraM 15" SANITA8Y SSNBR in the amount of $283,757.50 i 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 observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this j obligation shall be void; otherwise to remain in full force and effect, i i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, 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 1 Y 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 i the contract, or to the work performed thereunder, or the plans, the same ahall j specifications, or drawings accompanying it does hereby waineanotice affect its obligation on this bond, of any such change, extension or ti e,trae teration o be additiperformed on to the terms of the contract, to work to thereunder. IN WITNESS WHEREOF, the said Principal and Surety hu o signed and sealed this instrument this 19TH day of OCTOBER 19 ,Q3.. WILLIAM J. SCHULTZ, INC., DBA CIPCLE "C" CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMERICA ursty, Principal. wzl By -IN-FACT OF, Title WILLIAM J. SCHULTX PRESIDENT Title SHERYL A. KLUTTS, ATTORNEY Address: Safeco Plaza Address: P. 0. Box 40328 Seattle WA 9.8185. ' i Faht.Worth, 3% 76140 k (SEAL) (SEAL) The name and address of the Resident Agert of Surety is: I JOHN A• MILLER & ASSOCIATES INC. ~II 234 Emma Street, Fort Worth, TX 7_6111 k E i NOTE: Date of Bond must not be prior to date of Contract. j I AM0184D PB ? i 1 'f i 0 F PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON § r WILLIAM J. SCHULTZ, INC., OBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "C" CONSTRWOON COMPANY of the City of Fr vorrre County of TAggM , and the State of mQY,a , as principal, and SAFECO INSURANCE COMPANY OF AMERICA authorized under the laws of the State of Texas to act aS surety on bands for principals, are held and firmly bound unto THE CITY OF D N , OWNZERR,c in theeapenal sum of TMO nw~ RIM M T TROUSAND M3SlSN mnmagD r OO l l a~ t~ ( $_~~4 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the owner, dated the S.. day of 19 93 BID / 1541 - COOPER CMM 15" SAHITAgy smm I to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the 1 work provided for in said contract, then this obligation shall be ' void, otherwise to remain in full force and effeatl F PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the a,c:ts of the 72nd Legislature, Regular Session, 1991, and all liabilities on thi!a bond ahall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. s i PBj 3 , 4 ::How^ . Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _19TH day of _ OCTOBER 19 93 WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMERICA Principal Surety By Title WILLIAM J. SCH LTZ, PRESIDENT Title_ SHE L A. KLUTT$, ATTORNEY-IN-FACT Address: P. 0. Box 40328 Address: Safeco Plaza i Fort Worth, TX 76140 Seattle, WA 98185 i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: JOHN A. MILLER & ASSOCIATES, INC. 234 Emma St., Fort Worth, TX 76111 11AA01840 y.. PB - 4 haWfw I MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON 5 WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That clRax "c" coNSTeocrlox COMPANY as Principal, and _SAFECO INSURANCE COMPANY 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 AND 75/loo--------- Dollars 211.375075 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: WILLIAM J. SCHULTZ, INC., DBA WHEREAS, said ciRc a "c" coNSxaacTloN COMPANY has this day entered into a written contract with the said City of Denton to build and construct _DID #1541 - COOPER c 15" SMITARY i which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed W.th 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 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 bickfilling, it being understood that the purpose of this section is ;:o 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 i i i 1 hBtiafw'1 ` II va~n+r' I I accordance with said cortract 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 ^.otnply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Coi+tractor 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, diminis%ed, or in any manner affected from any cause during said time. WILLIAM J. SCHULTZ, INC., DBA IN WITNESS WHEREOF, the said CIRCLE "C." CONSTRUCTION COMPANY as Contractor and Principal, has caused these presents to be executed by WILLIAM J. SCHULTZ, PRESIDENT and the said S 4AFECO INSURANCE. COMPANY OF AMERICA as surety, has caused these presents to be executed by its Attorney-in-Fact SHERYL A. KLUT7S and the said Attorney-in-Fact has hereunto set his hand this 19TH I day of OCTOBER 1993 SURETY: PRINCIPAL: WILLIAM J. SCHULTZ, INC., DBA COMPANY OF AMERICA CIRCLE "C" CONSTR TION COMPANY BY: SNERYL A. KLUTT WILLIAM J. SCHULTZ, Attorney-in-Fact PRESIDENT t I AAA01040 u► MB - 2 r I IINa A { POWER OSAPECO FWN1 lk A E cC% Artr OF A1.[ RJC OF ATTORNEY IOFFICb N3AFM r~LAZA °R Al•~eatw SEATTLE, WASNINWTON N145 Na. 7498 KNOW ALL SY THEIE PRESENTS: Ttw SAFECO INSURANCE COMPANY Of AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, wch a Watatkgtot coryoMtidrt, doe ach hereby appoint a• uaaaasaaaaaaJOHN! A, MILLER; SHERYL A. KLUTTS; JOHN A, MILLER, II; Fort Worth, Texaaaoaaaaaaa he taw and lawful attarNy(s)-In-fact, with full authority to execute on its behalf fidNlty and surety ba or IndwfMUnps and other 00ovr 8 of a $arttiar character leaued In the course of Its buslnom and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and OENERAL IN U RANM COWANY OF AMERICA hoe each executed artd attested these preseras this 4th day of _ Jonu'ary tpg3 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE C"ANY Of AMERICA: 'Article V. Seotlon 1J. - FCELrrY AND SURETY BcN0S the President, any Vice Preeldant, the Secretary, and ray Assistant Vice President ppgnted for that purpoae by the officer in chsrpa of surety OWNIOrta, shed each haw ndhoNty to appotm WOWduah a► atttYftya-In-foot Or wdr other appr*fts fitIOS with authority to execute on behalf of The canwy fidaaty and b and What dooftrtartta Of ea1Wr C,tarboter issued by the oorMWV In the cane of hs business On kqr Such spPOinbnaM. the *W*uns rmov be affixed by faositwe. On vv Ir.,omwe conferring such authority or any ~ oatntyr undrtd ands dkkV it* the OWWV, Iriot G, or a faoshWe thereof, rruy be Impressed Jr affiltW Or In any other ntarww reproducad; nror4 6C howw6, necessary to the VanAty of rp Such InSty,~ or undartakl%m Extram from a ReSOMHOn of the Board of dre01os of SAFECO INSURANCE COMPANY OF AMWCA i and of 0ETERAL INSURANCE COWANY Of AMERICA adopted J* 28, 1970, -On ray c nif"o executed by the Secretary or an assilem Secretary of the Ca rWV setting out, f0 The owslons of Artlae V. Section 13 of the By-Lows, and b0 A CO of the power-of-morn" appointment, executed pursuant thereta MW the stON) CO of t01atGtrttfd power-of-attorney, it"nayant Is in full fora end effect ylnp offfeer may be by faasaNls, and the a" of the Company my be a 160* 10 thereof,' L R. A. thereon, Secretary of SA"CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby Certify that the forepohg extracts of the By-Laws and of a Asoutlon of the Board of OirWm of these oopOrlbiof . ahd of a POWR of Attorney Issued pursuant tarots, ate taw and corract end that both the By-Laws, the A"clutlon and the Power of AtionAy are r N in fun fora and affect. IN WITNESS WIRIREOF, I have hereunto set my hand and affixed the facsfte seal of said eorperatlon I title 19th day of October 10 93 r rarrEF Vol OD R"11116fw trey &P Of SAFECO CaW&V04 I i 11115 IMPORTANT NOTICE AVISO IMPORTANTE To own Worrnation or make a complah : Perm obWw ktWmsdon o pars somew una qu*: i You my call " oompsnys tai"rae WOW" number Usted pueds Mmeu al numwo de tsWono gmtls de Is for hforr melon or to make s oornplaht a1 companla pets kdormadon o we eonww uns quell al You may corttad the Teows Depowwant of Irawance to Pusde contort mme con d Depwumwnto de Sepum* de j obt* hfomwAw on companies, owsm o>a, rV to or Tom pars obWw k famool n sowas de oompeuria% convillift at cobwtur" derechos o quo* W 14)M252-34N 140(r2524430 of I nwmnes Puede eetxkoU al Dspw*Ayw to de Seyuroe de 7110m You troy vrrlte the Texas Depsrurrwrc ! P.O. Soot 149104 P.O. Boor 1491134 Auatfn, TX 78714-9104 Austin, TX 78714.0104 'f FAX * (512) 476.1771 FAX (612) 47'6-1771 PREMIUM OR CLAIM DISPUTES: Should You have a DISPUTAS WWRE PRIMAS O RECLJAKS: Si liens k dbpute owow N your p wakrtn or about a tdalm you una dlit" cwsemlente a w p&w.. o a un redartto. OxW monfad the *Wt or the oompany ikrt. If the dabs bmurlcaree can sl a" o is oompar>is prt wo. wcm puw Is n of termed, you may canted the Tom s o de Sea" de Tom, Ds Depatirrrwot d I►relxsrx~. ATTACH Me NOTICE TO YOUR POLICY: ThIs notice UNA EST'E AVISO A 8U PCLIZA. Este avko as ado is for k*wf"W 0* and does not beooma a pert or pt p ~o ~do Womradw o w oorwNrM on pow oondMon of the dhafrad docu+ient. i Preetxltoed by the Stow Bowd of Inwranoe Ondwosdo por el wreak Eetatal de Dirsatures do Effective May 1, 1992 Sepum Effft*o of 1 de Mayo 1992 ~i i 1 1 j Ii 1 1, j i eft a `.'r. IN, r. 0 WWI i tI CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's a4cerition 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 contra^,t. Upon hid 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 minimum insurance coverage as indicated hereinafter. As soon as prenticabie 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 clarlficatlon 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 shelf be maintulned in compliance with these general specifications throughout the duration of tho Contract, or longer, if so noted: e 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 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 retentlons with respect to the City, Its AFMAA anvuPV armn~ r 9 I Insurance Requirements Page 2 I officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following; Name as additional Insured the City of Denton, its Officials, j Agents, Employees and volunteers. • • That such insurance Is primary to any othar 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, • All poiicies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage, f • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout i the term of this contract and, without lapse, for a period of the se years beyond the contract expll atian, such that occurrences arising dur!ng the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a `orm 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. • 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. AFMBA RBVssrn O81JM3 i w 'F i Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE 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: (A A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ 5oo.ooo 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 Generel Liability form (ISO Form CG 0001 current f~ edition) Is used: i i E • Coverage A shall include premises, operations, products, and j completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. i • Coverage C, medical payments, Is not required. l If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • 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. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad f6Jrm property damage liability, AFF006BA ]LEVISM MOM i Insurance Requirements Page 4 NJ Automobile Liability Insurance; Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than soo.ooo either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy I endorsement for; I e any auto, or • all owned, hired and non owned autos. i ~ E bd 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 "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, Its ot,'cials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ 1 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 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 wlth a aggregate. AFMBA arvur~ oeroiros 4 ~ t I Insurance Requirements Page 5 I [ 1 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 with respect to negligent sots, errors or omissions in connection claim with professional servicss Is required under this Agreement. I [ 1 Ruliders' Risk Insuranco Builders' Risk Insurance, on an Ail-Rlsk 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. I [ 1 Additional Insurance Other Insurance may be required on an Individual basis for extra hazardous f 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. AFFLURA REVISED 01/M3 WORK DAYS 40 g BID NO. _ 1541 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY OMIT UNIT PRICE emu, 2.12-A 27" Sanitary sewer 245 LF $ Da/LF $ 2.12-8 15" Sanitary Sewer 2,970 LF $ yy ")0 /LF $ -5-66 ( 2.12-C 6" Sanitary Sewer 23 LF S OO/LF SM SA 00 6.4 24" Bore and Casing 106 LF S /IS °0/LF 1 4.S 6" Flex same 215 SY $ y 04/SY $ 00 WS-11 Sewer Service 0 1 EA $ °o f .Soa eA SS'oo SP-42 400 Pound Manhole Ring 2 and Cover EA S .1S D~IEA S Soo ° r. r 7.6-A Rebuild existing 5' Manhole 2 EA $30ta~ $ lobOC~ d o 7.6-8 5' Concrete Manhole 5 eA S 3 /aA $/Sooo 7.6-C 6' Concrete hanhole 4 SJ'7 o~I S/S~C10G 7.6-D 5' Concrete Drop Manhole I4 EA '92A f7'~T~ocv SP-8 Abandon Manhole 3 EA $ oo/BA SP-43 Soo S O ~ Reawve Sanitary sewer 388 LF S 15- °O/LF S a 3.8 Remove Concrete Curb and Gutter 10 LF $ S O°/LF $ SO °O 8.2-A Concrete Curb and Gutter 30 LF S iS 06/LP S / 5 CJ 00 SP-2 Concrete saw cut 25 I,F $ Sn/LF S ~?,SO 8.15-A 4" Concrete Rip Rap 20 3Y $ 5 e~/SY $ vo .5" n4 SP-45 Concrete Block Erosion Control S stem 90 Sy S d0 /SY $ nG -s`yov 5.7 Asphalt Patch Type D 3 TON $ /OO 4<7 /TON $ n of) 7.4.5 Concrete Encasement 82 CY $ /~7o n0 /CY $ PAf'o aD 3.10.7 Hydromulch 6,250 SY $ ~ .i-Q/SY $ r, PU SP-10 Rock Excavation 1,594 CY $ ~ -5 6/CY $ I~ SP-37 Excavation Protection 2,907 LF S! U ~i /LF $af 90 % 0 (7 P - I I I WORK DAYS 6~- BID NO. 1541 " a i a S we PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor's Warranties LS $ 77 ° /LS $ and Understandin 3.1 Preparation of Right of LS $ /p44°"/LS $ iwo Way ~J 8.1 BarriESI atning Signs LS ~"J/LS Ana D$ S i SP-34 Proje2 EA $ SOp /EA S /D000< SP-44 Coat Existing M. H. 2 EA 7..iZ Temporary Erosion Control - °L' ~G LS S/000'0 OdCJ /LS S /OC~U I f I Materials incorporated into Project and labor other S / S16yS79, Total $ .?x.375"T 5 •3.10.3 Seeding 61250 SY $ /SY $ * Item 3.10.3 (Seeding) may be substituted for item 3,10.7 tHydromulch) at the discretion of the engineer. P - 4 WORK DAYS 60 BID NO. 1541 00022r Creek 15" Sanitary Sewer PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-X 27" Sanitary Sewer 245 LF $ 7~ o d/LF' $ /~~~OoO 2.12-B 15" Sanitary Sewer 2,970 LF $ yPUO /LF $ /y.2564 2.12-C 6" Sanitary Sewer 23 LF $ 00/LF S io5-8 6.4 24" Bore and Casing 106 LF $f 5- /LF S ~gf5av i 4.5 6" Flex Base 215 SY S 4/60 /SY $oC6dpG WS-11 Sewer Service 1 EA $,$00 "O/EA $ ~ 06 0 SP-42 400 Pound Manhole Ring 2 EA CA S g-0 0 0 and Cover 7.6-A Rebuild Sxist ing 5' 2 EA $30DO9EA s4ow o v E Manhole j 7.6-8 S' Concrete Manhole 5 EA p S j ~p O /EA S/,,-000 G { 7.6-C 6' Concrete Manhole 4 EA $s7S4°C]EA $ /S I I 7.6-D Concrete Drop Manhole 4 EA $-3o04 IRA $ 111R 00(3 OQ SP-0 Abandon Manhole 3 EA $ sOa°O /EA $1,5-06 SP-43 Remove Sanitary Sawer 388 LF S /S°O /LF S S25:,;)0 0 3.B Remove Concrete Curb and 10 LF $ , 00 /LF S SOo c. Gutter 8, 2-A Concrete Curb and Gutter 10 LF $ /S O/LF $ / f p0 eV-2 Concrete Saw Cut 25 LF $ So/LF $ Sd 8.15-A 4" Concrete Rip Rap 20 SY $ /5Y $ 5Gi'j~G SP-45 Concrete Block Erosion 90 SY $ a 00/SY $'e-f/O 0 Control System 5.7 Asphalt Patch Type D 3 TON $ my 00 /TON $ J cx> U U 7.4.8 Concrete Encasement 82 CY S/,700D1CY $~/P100C 3. 10.7 8ydromulch 6,250 SY $ / SU /SY $ ;/777,~c SP-10 Rock Excavation 1,594 CY $ ~ U/CY S 10 SP-17 Excavation Protection 2,907 i,F $ / 60 /LF S vo 7 U!~ WORK DAYS 5U Cooper Cre k 15' BID NO. 1541 sewed PO NO. BID ','ABULATION SHEET anummou~ ITEM YIESCRIPTIOA QUAIfTYTY U1dIT T PRICE TOTAL 1.21 Contractor's Warranties Ls nderstandin a $ 00 /LS and U g 00 00 3.1 W;sParation of Right of 8.1 Barricades, Warning signs Ls o0 and Detours $ X000 /LS $ ::/04000 9P-39 Project Signs l EA $ ,500 %EA 5/CO 0p 60 EP-44 Coat Esisting N. H. 2 EA f o o /EA SJ'O 6 0o ~ 3.11 Temporary Erosion Control - LS SS 1,0600 d/ LS $,1'06 g ~ ` 1 Materials incorporated S / $ 9/7o,/S- into ro ecC and labor other S / S /GyS/9.35 Total i •3.10.3 Seeding 6,250 sY S /Sy $ i * Item 3.10.3 (Seeding) may be substituted for item 3.10.7 (Hydromulch) at the discretion of the engineer. r L P - 4 BID SUMMARY TOTAL BID PRICE IN WORDS. /w.: /i,•,~>.'~.//,, .r<o'e R i) n 1i, /PnII 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 final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. ~ ~,f.//.e•,-~ ✓ Sc~:<<//L .1hc ~/lam CONTRACTOR by SO Street Address City and State Seal i Authorization (If a Corporation) Telephone B. - 1 r ® SAFECO NSURANCE GaAPAN! OF ANfnrA GENERAL NSQRANCE CO VA.W OF A14RCA r"ST P0a4AL NSLAANCE CWPAW SAFEWO OF AMERICA IXME OFFICE; SAFECO PLAZA SEATTLE, WASHNGTCN 98185 Bond BID BOND Conforms with The Amarlcan Institute of Archltacts, AJ.A. Document No. A-310 WILLIAM J. SCHULTZ, INC., ABA KNOW ALL BY THESE PRESENTS, Thal we, CIRCLE "C" CONSTRUCTION COMPANY P. 0. Box Fort Worth, TX 76140 as Principal, hereinafter called the F: fncipal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surely, are held and firmly bound unto CITY OF DENTON, Denton, TX as Obligee, hereinafter called the Obligati, j in the sum of ***********FIVE PER CENT (3%) OF GREATEST AMOUNT BID*********************** l Dollars 3 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by than presents, j WHEREAS, the Principal has submitted a bid lot COOPER CREEK 15" SANITARY SEWER IN THE CITY OF DENTON, TEXAS NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give esch bond or bonds as may be apscified In the bidding or Contract Documents with good and sufficient suret,, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the eveul of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract wilh another party to perform the Work covered by said bid, than this obligation shall be null and raid, otherwise to remain in full force end effect. Signed and sealod this 2ND day of SEPTEMBER 19 93. WILLIAM J. SCHULTZ, INC,, DBA CIRCLE "C" CONSTRUCTION COMP' (Seal) Principal Witness BY., `t//1.- A°- +1 S-.T WILLIAM J. SCHULTZ, PR D' T Title 40, AF 5AFECOy-~~GE COMPA ERICA ilness By SHERYL A. KI. TS, A orney in tic 'I I Q aegislerea trademark o1 SAFECO C,1PO a 10.11 S'S41EP 3100 PRINIM IN IJA,A. POWER 3AFICO INSURANCE N CY of RA dErERA RAI I"VR IrfSWANCE CCe. COWA1AMV Of AW AA,EAICA ace OF ATTORNEY xok* OFFICE: SAFECO PLAZA SEATTLE. WASHINOTON 08105 Ne. 7488 KNOW ALL SY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA artd GENOA1 INSURANCE COMPANY OF AMERICA, each a Washington COrporatlon, does each hereby appoint a• a as a e as a 0a a a•JOHN A, MILLER; SHERYL A, KLUT IS; JOHN A. MILLER, I1; Fort Worth, Texes•■•■■■~•■ its true and lawful altmney(x)-M-fact, with fJl authority to execute on its b"f fidelity and suety bonds or undertakings and ether docvrwtts of a similar Character issued in the courm of Its DusineS3, and to bind the respective company Thereby. tN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these prowls INS 4th day of January )993 I CEATIFICA M Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMMCA: i 'Amide V. Section 13. - FIDELITY AND SURETY BONDS tiN President, any Vice Resident, the Secretary, and any Assistant Vice President appointed for that pt Ww by the officer in charge of wrety operations. " ash hwa authority to appoint indNdlarls as attorneys-in-fact or under other Ecproprine times with wthority to execute on b"f of the company fidelity and surety bonds and ~ ottw doclarrnts of aankar Character Issued by ten company In the course of its bueiress On any I strunerd making or evidencing wch appo+na wn, the signatures may be affixed by facssnyio, On any Instrurnnt confemng such awrorlty or on any bond or unweruklrp of Me Company, ten Sea. or a facskrvis thereof. mry be hipreuW or affixed or In any otMr m*mar reproduced: prwideQ however, j that ft no "I not be necessary to the validity of any such IrstnmeM or wdertakhfg," Extract from a ResoMion of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted Uy 28. 1970. *On my certificate executed by ten Secretary or an assistant secretary of the Cor,pary setting md, p) The provisions of Article V, Section 13 of the By-Laws, and CH) A cop/ of the power-of-attorney appoinu em. executed ptrswnt thereto, and (IN) Certifying that said power-of-attorney appointment Is In rut force and effect. the sigmeture of the certifying officer may tail by factirnile, and The sue of than Company may be a facskntle thereof,' L FL A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF ANUCA, do hereby certify that the foregoing extracts of ten By-laws and of a Resaution of the board of Directors of these corporations, and of a Power of Attorney Issued purSuant TMreto, are true and Correct, and Thai both the By-laws, The NesolV)lon and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set IN hand and affixed the facsin a seal of said Corpormlon INS 2nd day of September 19 93 5-0141EP Via t 104 01es11141eetra0mark&I SAFECOCorpaattan I I F i IMPORTANT NOTICE "ISO IMPORTANTE I~ To obtain Infonnetlon or make a complaint: Para obtersr Infomacion o pare someter ura quaje: You may [all the company's tol4ree tele0ione member Usted p:iede Wier al ntxnero de telefono gratis de is for WormaNon or to make a complaint at compania Para " maclon o Para someter urw queja al 14M yL4 SS i-8w You may contact tie Texas Department of Insurance to Puede owvx* arse con d Uepartarmerko ds Segtuos d9 obtain Infomation on companies, coverages, rights or Texas pare obtaner informacion awes de oompanla, complakxs at cobeRum& derechos o quejas al 1480D-252-3438 143M252-3438 You may write the Texan Departmmm t of insurance Puede acrlbir d Departamerdo de Seguros de Texas ' P.O. Box 149104 P.O. Box 149104 Auetln, 'rX 78714-9104 Austin, TX 78714-9104 FAX t (512) 476-1771 FAX # (512) 476.1771 PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRsMA8 0 RECLAMOS: Si dene d*x to concerning your premium or about a daim you una disputa co;;nlente a su puma o a urn reclamo, i i should contact the agent or the con"" ft. If the debe comunlcarse con el agerde o Is eontpanla prknsm d*m is Is not resolved, you may contact tta Texas Si no a rest lve Is d1sputa, pueds erkoncsi Department of Insurance. oorrwxkarse con el D6m temento de Segtrce de Tom, ATTACH THIS NOTICE TO YOUR POLICY: This notice UNA ESTE AVISO A SU POLIZA: Este avkco a solo is for Information only and does not became a part or pars propoako de lydomaclon y no se comAwM on parts condition of the attadped documera. o oondldon del docurnento adjuntc,. i v I i Prearalbed by the State Board of Insurance Ordenado por al conse)o Estatal de Directurse de Effective May 1, 1992 Seguros, ^cifectNo el 1 de Mayo 1992 I ~ ~%:rs~r+y i'~ ~o~ooooaaao~IIOOo O~GO { a r ~~O 0 p0 ~ ~ a ~ o 4 ~ 0 g DO~rO~~UU N ~~~oO~O~p caaa I 1 i' f i o;, Y Y } i ALL00016 AGREEIIEET BETWEEN THE CITY OF DRIKON8 TEXAS An COX WIIITY 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); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and c therefore HSC recommends funding the Agency; and f~ WHEREAS, the City has determined that the Agency merits assist-to citizens of the City and eproand can provide needed vided for funds in its budget services for the purpose of has paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. Utilize donations provided by businesses, individuals, I churches, civic groups, an,1 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. II. OBLIGATIONS Df-&Q= 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 financial status of the program. B. It will permit authorized officials for the City of Denton to review i?.s 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 adopted. { I D. the City fundsifor a perik-althatawould extend beyo dutheetermbof this Agreement. E. At the discretion of the City, the Agency may be required fiscal year count to the City of Denton refund the balance the at the d of the Agency's all bills when submitted unless It will promptly pay errors or discrepancies in there is a discrepancy in a bill; any bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further action. 1 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 3 all claims and suits arising out of the activities of the Agency, rmles its employees, or contractors holdatndheattorCity fees, i from all liability, including laims, audit exceptions, suits, or part for or on account of , any ~ whatsoever resulng in whole or or romission of any act of any employee, nagent fromgthe performance character or representative of the Agency. ! It will submit to the City of Denton copies of year-end 1 financial statements prepared by IIT. TIME QF PERFORZIANCE the City shall be undertaken by the i The services funded by Agency within the following time frame: i October 1, 1993 through September 30, 1994. IV. ME`1'1QD OF Phoma A. City will pay utilities supplied by City of Denton up to a maximum limit of Three Thousand Two Hundred Dollars ($3,200). Agency shall submit monthly Tbills exas to Cityfor 's Accounting Department at 215 E. MoYinney, B. It is expressly understood and agreed that in no event under the terms of this Agreement will the total compensation to be sesum of Three rvices rendered,Thousand Two Hundred for all ofmaximum Dollarsr ($3d,200)exceed C. The City shall not be obligated or liable under this Con- tract to any party other than the Agency for payment of any monies or provision of any goods ur services. Page 2 i I V. FVALVATION J The Agency agrees +;o participate in an '•aplementation and main- tenance system whereby the services can be )ntinuously monitored. The Agency agrees to make available its financial records for re- view by the City at tae City's discretion. in addition, the Agency agrees to provide the City the following data o•. reports: A. All external or internal audits if any are performed. I 71 B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include, at a minimum, the following data: 1. Number of active volunteers. 2. Number of families served. 3. Race andjor ethnicity of families nerved, if possible. ' D. Agency shall submit a financial statemen' to the City at the and of the Agency's fiscal year. The statement shall include income and expenses for the preceding year. { VI. DIRECTORS M ETrN S During the term of this Agreement, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the city in a timely manner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Directorfs meetings. Minutes of all meetings of the Agency's governing body shall be made available to the city within ten (10) working days of approval. VII. SUSP.$NSION OR T NI---NTT0 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, rd ruse, or inept urge of funds. Page 3 `t H. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data or reports that are incorrect or incomplete in any material respect. 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 rase of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. CONFLICT OF IN's 1 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 Agreement. The Agency further covenants that in the performance of this Agreement, 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 hit, 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 responsibil- ities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement 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 Agreement or the proceeds thereof. Page 4 it ~I IX. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the Unite, states mail, postage prepaid, registered or certified, return recelp- requested, addressed to Agency or City, as the case may be, at t'Ae following addresses: CITY AGENCY City of Denton, Texas Director Attn: City Manger Community Food Center 215 E. McKinney P. o. Box 2121 Denton, TX 76201 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties do hereby affix their j siw, ature and enter into this Agreement as of the 7 day of 1993. I CITY OF DENTON, TEXAS BY: U l LL DD V. HARRELL, C TY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. 3 4 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Page 5 i ,f COMMUNITY FOOD--CENTER DIRECJW ATTEST: 6xr.4`'t, SECRETARY ' 1, 4 I { c i Page 6 x ~Y I~ 1 QaaoOOr~oo'ooo o° ° a~ p , 'I y d a ~ a a o0oa, o oo°°°°o I ~ I i 1 h CwW Aa don AtcWt" 12 January 1993 City of Denton MWOUAW Jr. > tiou t Proposed Schedule Recommendations Report Complete October 20, 1992 City of Denton Review of Recommendations November, 1992 Begin C.D.'s January 25, 1993 50% C.D.'s February 12, 1993 909o' C.D.'s March 1, 1993 City of Denton Review of 100% C.D.'s March 10, 1993 Issue Bid Documents March 17, 1993 I Receive Bids I April 7, 1993 Begin Construction April 21, 1993 Estimated Construction Completion July 15, 1993 4 i 9206NB-/JpALt i ANH00252 AORENMENT FOR ARCHITECTURAL SERVICES This Agreement between the Cm wade as Of the 12 day of betwe Y Of Denton, Texas, 7~M 2993 " , and Corgan Architects hereinafter referred to as "Architect" for the following ~ hereinafter referred administration services for the repair a of theMertin LuthertKings Jr. Recreation Center Design and contract tions contained in itsirep rtr dance with Architect's recommenda- King, Jr. Recreation Center lnvest presented e Martin Luther tner igati on oftFacilit" Owner, and to the ArchitecDenton Pity Council on Yovember 3F 19992 Report JI agree as set forth below. ARTICLE 1 ARCHIVE "A71S RESPONSIBILITIES 1.1 ARCRITECTIS s%RVICPS 1.1.1 The Architects servi Ices formed by the Architect, Architect's employeesfand Architeet,s con- sultants as enumerated in Articles 2 per- Any other services and 3 of this Agreement and included in Article 11. 1.1•;c The Architectes services shall be itiously as is coniste"It performed as exped_ skill and care and the ox de ith the highest degree of i Of the Owner, the y progress of thWork. professional a schedule for the Architect shall submit for the O upon request may be adjusted Perft*mance of the Architect's ewner's rvicespwhi h ances for periodssOfhtimecrequired forsthen shall include ~ allow- approval Of submissions by authorities havin Owner s review and for Project. Time limits established by this s g jurisdiction over the the Owner shall not, except for reasonablechedul the Architect or approved by causes and a be mArchit Owner, and any adjustments to this schedduledshall y acceptable to both parties. 11.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 10.4.1. ARTICLE 2 SCOPE OF ARCHITECTeS BASIC SERVICES 2.1 DEFINITION ed 2.1.1 The Architects Basic Services con^ast of those describ- ed in Paragraphs 2.2 through 2.6 describ- ii h and any other services identified in Art normal part of Basic Services, and include without services and anstructural, mechanical and electrical en limi- t other engineering services necessar producing y to produce a complete and accurate set of construction Documents, as described by and required in Paragraph 2.4. 2.2 SCMATIC DRSIGH PS{ASE 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 r&view with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for I approval by the Owner, Schematic Design Documents consisting or 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 I and regulations. 2.2.5 The Architect shall submit to the owner a preliminary detailed estimate of Construction Cost based on currr I volume or other unit costs and which indicates the cost of area, category of work involved in constructing the Project and estab- lishes an elapsed time factor for the period of time from the I commencement to the completion of construction. 2.3 D39100 D"BLOPMEET PRUN 2.3.2 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, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding owner's approval of the documents, Architect warrants that the Documents and specifications I will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction cost in a further Detailed Statement as described in Paragraph 2.2.5. PAGE 2 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design 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 prepare, for approval by the Owner, Construction Documents consisting of Drawings and specifications setting forth in detail 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 Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Architect shall advise the owner of any adjustments to previous preliminary estimates of Construction Cost indicated by i 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 f approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING ? 2.5.1 The Architect following the Owner s approval o Construct in of the i ion Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the owner in obtaining bids and assist in awarding and preparing contracts for construc- tion. 2.3.2 If the lowest bid for the construction of the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Architect, then the Architect, at its sole cost and expense, will revise the Construction Documents as may be required by the City to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 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 9.3,2. PAGE 3 I 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 or of authority twithout written Architect shall therownercand,Archi- tect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) j at the Owner's direction from time to time during the correction, j or warrarzy period described in the contract for Construction. The Architect shall have authority to act on behalf of the owner only to t'Aa extent provided in this Agreement unless otherwise modified by written instrument. j 2.6.5 The Architect shall inspect the construction site at least one time a week, or at appropriate intervals to the stage of construction, to become familiar with the progress and quality of j the Work completed and to determine if the Work is being performed { in a manner indicating that the work when completed will k;s 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 observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise the utmost care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work cf Contractor or any subcontractors. The Architect represents that he will exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by professions under similar circumstances. Any defective designs or specifications furniohed by the Architect will be promptly correrF:d by the Architect at no cost to the owner. The owner's approval, acceptance, use of or payment for all or any part of the way alter the Architect's obligations or the rights here- Architect'seu he owner's l under. 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and pro- grams in connection with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents except insofar as such failure may from Architect's negligent acts or omis- sions. The Architect shall not have control over or charge of acts or omissions o t employees, or of any other persons subcontractors, or performing portions their of the Work• PAGE 4 f 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation, or progress. 2.6.8 ^xcept as may otherwise be provided in the Contract Documents or when direct communications have been specially author- ized, the owner and Contractor shall communicate through the Archi- tect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 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. 2.6.10 The Architect's certification for payment shall consti- tute a representation 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 4 the Work is in accordance with the Contract Documents. The fore- going representations are subject to minor deviations from the con- i tract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation j 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) reviewed construction a means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have the responsibility and author- ity to reject Work which does not conform to the Contract Docu- ments. Whenever the Architect considers it necessary or advisable for iri. lementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Con- tract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor f' a decision made in good faith either t exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contracts;;, Subcontractors, material and equipment s?ippliers, their agents >r employees or other persons performing portions of the Work. 2.6.12 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) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the Work, when completed, will be in compliance with the requirements of the Contract Documents. The Architect shall act with such reasonable promptness to cause no delay in the Work or in the construction of the Owner or of sepa- PAGE 5 rate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the contract Documents. The Architect's review shall. i not constitute approval of safety precautions or, unless otherwise j specifically stated by the Architect, of construction means, meth- ods, 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 11 r to rely upon such equired by the Contract Documents, the Architect shall be entitled systems or equipment will certification the performance criteria required materials, f the Contract Documents. 2.6.13 The Architect shall prepare Change Orders and Construc- tion Change Directives, with supporting, documentation and data if C deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accor- dance with the Contract Documents, and may authorize minor changes in the Work riot involving an adjustment in the Contract Sum or an extension of the Contract Time which a-e not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Architect shall conduct inspections to determine the dates of Substantial (.cnoletion and Final Completion, and shall issue Certificates of Substantial and Final Completion. The Architect will receive and review written gvara.,tees and related documents required by the Contract for Pr.or,-,;ruction to be assembled by the Contractor and shall issue a fi,.al certificate for Payment upon compliance with the requirements of the contract Documents. 2.6.15 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. 2.6.16 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 endaavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accor- PAGE 6 i dance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Architec'; 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. 2.6.18 The Architect (1) shall render services under the Agreement in accordance with the usual professional standards followed by architects in the Dallas-Fort Worth metroplex area; and (2) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Architect's obligations thereun- der. The Owner acknowledges that the existing condition of the MLK Center has humidity and drainage problems and agrees that Architect is responsible only for work performed finder this Agreement and liable for damages caused as a direct re4ult of defective design work under this contract. 2.6.19 The Architect shall provide the owner, with one (1) set of reproducible prints showing all significant changes to the Con- struction Documents during the Construction Phase and shall also provide the owner with one (1) set of reproducible as-built Drawings for the Owner's file. ARTICLE 3 I ADDITIONAL BERVICEB 3.1 GENERAL 3.1.1 The services described in this Article 3 are not includ- ed in Basic services unless so identified in Article 11, and they shall be paid for by the Owner as provided in this Agreement, 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 Architect shall notify the Owner prior to commencing such services. If the Owner deems that slich services described under Paragraph 3.3 are not required, the owner shall give prompt written notice to the r Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect ' shall nave no obligation to provide those services. owner will be responsible for compensating the Architect for Contingent Addition- al Services only if they are not required due to the negligence or fault of Architect. PAGE 7 i; 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICEs 3.2.1 If more 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. f 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the owner and Architect. The duties, respon- sibilities &nd limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the data of this Agreement, unless otherwise agreed. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously j given by the Owner, including revisions made necessary f byytadjustments in the Owner's program or Project bud- ge; f 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such docu- ments; or I 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 2.5.2. 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 col;;.:erninq replacement of work damaged by fire or other cause during construction, and furnishing services required 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, or by failure of performance of either the owner or Contractor under the for Construction. PAGE 8 y.cgy 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 Archi- tect is party thereto. 3.3.8 Preparing documents for alternate, separate or sequen- tial bids or providing services in connection with bidding or con- struction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special stud- ies. 3.4.2 Providing planning surveys, site evaluations or compara- l~ tive studies of prospective sites. f 3,4.3 Providing special surveys, environmental studies and sub- ; ffff missions required for approvals of governmental authorities or I others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, sys- tems and equipment. i 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the owner. 3.4.7 Providing coordination of construction performed by sep- arate contractors or by the owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the owner. 3.4.8 Providing services in connection with the work of a con- struction manager or separate consultants retained by the owner. 3.4.9 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.10 Providing analyses of owning and operating costs. 3.4.11 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. PAGE 9 a 3.4.12 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. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installa- tion of furniture, furnishings and r,,lated equipment. { 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic services. 3.4.16 Providing any other services not otherwise inc'.uded in this Agreement or nct customarily furnished in accordance with gen- erally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by thitContrac- tor to the Architect. (This is for drawings prepared irc addition to those specified in Section 2.6.19.) 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, expendability, special equipment, systems and site requirements, as more specifically described 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 PAGE 10 order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical char- acteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, ease- ments, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivi- ty tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommenda- tions. 4.6.1 The Owner shall furnish the services of other consul- to.nts when such services are reasonably required by the scope of the Project and are requested by the Architect and are not retained by the Architect as part of its Basic Services. 4.7 The Owner shall furnish structural., mechanical, chemi- oal, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shail furnish all legal, accounting and insur- ance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the owner's ex- pense, and the Architect shall be entitled to rely upon the accur- acy and completeness thereof in the absence of any negligence on the part of the Architect. 4.10 The Owner shall give prompt written notice to the Archi- tect if the Owner becomes aware of any fault or defect in the Pro- ject or nonconformance with the contract Documents. PAGE 11 4.11 Architect shall propose language for certificates or cer- tifications to be requested of the Architect or Architect's consul- tants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DZV1NITION I 5•1.1 The Construction Cost shall be the total cost 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 labor 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 con- tingencies 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 compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibili- ty of the Owner as provided in Article 4. I 5.2 RESPONSIBILITY POR CONSTRUCTION COST 5.2.1 Evaluations of the estimates of Construction Cost and det iProject budgetliminary t d estimates,ofrConstruc- tion Cost prepared by the Architect represent the Architect's best judgment as a design professional familiar with the construction i industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accov:dingly, the Architect cannot and does not warrant or represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the architect. 3.2•2 No fixed limit of Construction Cost shall be established 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 PAGE 12 i I 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 bide to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding Phase has not commenced within 90 days } after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted 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. ARTICLE 6 USE OF ARCHITECTfS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for thie Project are instruments of the Archi- tect's service for use solely with 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 for additions to this Project or for completion of this Project by others, unless this Agreement is terminated because Architect is in default of this Agreement, at which time the documents become the property of the City of Denton. 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 7.1 Architect may terminate this Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of this Agreement through no fault of the Architect. Owner may terminate this Agreement or any phase thereof upon thirty (30) days prior written notice to the Architect with the understanding that immediately upon receipt of such notice, all work and labor being performed under the Agreement PAGE 13 shall cease immediately. Before the end of the thirty (30) day period, Architect shall invoice the owner for all work it performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should. Owner subsequently contract with a new architect for continuation of services on the Project, Architect shall cooperate in providing information, 7.2 If the Project is suspended by the owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption F 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 abandoned by the owner for more than 90 consecutive days, the I f Architect or the owner may terminate this Agreement by giving 1 written notice. 7.4 Failure of the owner to make payments to the Architect in accordance with this Agreement shall be considered substantial non- performance and cause for termination. 7.6 If the owner fails to make payment to Architect within thirty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven days written notice to the Owner, suspend performance of services under this Agreement. Un- less Architect receives payment in full 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 under this section, 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 properly performed prior to termination. ARTICLE 8 XIBCELLANE009 PROVIBION8 8.1 This Agreement shall be governed by the laws of the State of Texas. PAGE 14 F +1 8.2 Terms in this Agreement shall have the same meaning as those in ASA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 8.3 The Owner and tlrchli.tect, respectively, bind themselves, their partners, 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 the written consent of the other. j I 8.4 This Agreement represents the entire and integrated agree- ment between the owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. Tuis Agreement may be amended only by writtt-n instrument signed by both Owner and Architect. j 8.5 Nothing contained 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. r 8.6 Unless otherwise providecl in this Agreement, the Architect E and Architect's consultants sha)'l 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- 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 of similar skill and expertise should have noticed. i 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 photographs of the exterior and interior, rmong the Architect's promotional and professional materials. The Architect's materials shall not include the Owner'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 fcr the Project. ARTICLE 9 PAYXZNTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL ERPRU03 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 custcmary contributions PAGE 15 and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 9.2 REIMBURSABLE EXPENSES 9.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by i the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Clauses. 9.291.1 Expense of transportation in connection with the Pro- ject; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 9.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subparagraph 2.6.19), postage and handling of Drawings, Specifications and other documents. 9.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 9.2.1.4 Expense of renderings, models and mock-ups requested f by the owner. j 9.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. S1.3 PAYXINTS ON ACCOMM Or BASIC SERVICES I 9.3.+ 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 Subpara- graph 10.2.2. 9.3.2 If and to the extent that the time initially established in Subparagraph 10.4.1 of thie Agreement is exceeded or extended through no fault of the Architect, compensatiun for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 10.2.3. 9.3.3 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the sch,:dule set forth in Sub- paragraph 10. 2.2 based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cast or detailed estimate of Construction Cost for such portions of the Project. PAGE 16 r, :r 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 9.5 PAYMENTS WITHHELD 9.5.1 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 responsible. 9.6 ARCHITECT'S ACCOUNTING RECORDS 9.6.1 Architect shall make available to Owner or Owner's j authorized representative records of Reimbursable Expenses and { expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspec- tion and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 10 BASIS OF COMPENSATION i The Owner shall compensate the Architect aw follows: 10.1 BASIC COMPENSATION 10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article it as part of Basic Services, Basic Compensation shall be $9,950. 10.1.2 Progress payments for Basic Services in each phase shall total the following percentages of the total Basic compen- sation payable: o Design Phase 10% o Construction Documents Phase 55% o Bidding Phase 10% o Construction Phase 25% o Total Basic Compensation 100% These fees are based on preparing drawings for a projected construction budget of $118,050. PAGE 17 I 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.21 compensation shall be computed as follows: on an hourly rate basis, based on Article 10.2.2. f t 10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described I in Articles 3 and 11, other than (1) Additional Project Representa- tion, as described in Paragraph 3.2, and (2) services included in Article 11 as part of Additional Services, but excluding services of consultants, compensation shall be computed as follows: Principals Associates $ 95 per hour Technical Staff 55 per hour Clerical Staff 35 per hour 35 per hour 10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering ser- f vices and those provided under Subparagraph 3.4.16 or identified in Article 11 as part of Additional Services, a multiple of 1.1 times ' the amounts billed to the Architect for such services. 10.3 REIMBURSABLE EXPENSES 10.3.1 FOR REIMBURSABLE EXPENSES, as described 9.2, and any other items included in Article 11 as Reimbursable Expenses, a multiple of 1.1 times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 10.4 ADDITIONAL PROVISIONS 10.4.1 IF THE BASIC SERVICES covered by this agreement have not been completed within 12 months of the date of execution hereof, through no fault of the Architect, extension of the Architect"s services beyond that time shall be compensated as provided in Subparagraphs 9.3.3 and 10.2.2. 10.4.2 Payments are due and payable forty-five (45) days from the date of the Architect's invoice. Amounts for services properly performed which remain unpaid forty-five (45) days after the in- voice date shall bear interest at the rate of one (14) percent per month. ARTICLE 11 OTHER CONDITIONS OR SERVICES 11.1 Architect shall maintain, at no expense to Owner, a pro- fessional liability (errors and omissions) insurance policy placed PAGE 18 with a company rated at least B+/X by Best's Key Rating Guide, authorized to do business in Texas, in an amount not less than one million dollars ($1,000,000). Such policy shall name the owner as additional insured and shall require the giving of written notice to Owner at least thirty days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. Architect shall furnish Owner with copies of said policies or certificates evidencing such ell~ coverage, 11.9 Architect agrees to indemnify, hold harmless, and defend the city, at Architect's cost, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever, kind or character, arising out of or in connection with the performance by the Architect of those ser- vices contemplated by this Agreement, based upon allegations of negligent acts or omissions of Architect, its officers, agents, employees, consultants and subcontractors. I This Agreement entered into as of the day and year first written above. t CITY OF DENTON, TEXAS, CORGAN ARCHITECTS OWNER ARCHITECT BY: BY: PAGE 19 3 DO~OOOOO OUQ~QQ~JOO~p B 0 p0 DO ~ LQ 4 1 U Q p d d 6 pRN O °°0°°Qaaaoaaa4°o~o0 1 jI i E l~ is AGREEMENT BETWEEN THE CITY OF DENTON AND CRAIG H. C(~KAy:j D/B/A CROSSED SABER PRODUCTIONS P*OVIDING FOR SUPPORT SERVICES WHEREAS, Craig H. Cosgray, d/b/a crossed Saber Productions, is planning to shoot a movie, "A Matter of Honor," on location within the City of Denton, Texas, at various times between January 4, 1993 and January 16, 1993; and WHEREAS, the parties wish to enter into this agreement to provide for the necessary services to facilitate the filming; NOW, THEREFORE, The City of Denton (City) and Craig H. Cosgray, d/b,/a Crossed Saber Productions, a sole proprietorship, 5706 Glen Heather, Dallas, Texas 75252, agree as follows: i 1. Fire Support Personnel. It is the City of Denton Fire Department's primary obligation to provide emergency services to Denton citizens. Therefore, assistance given to the production company will be on an "as available" basis. Crossed Saber Productions agrees that City's in- service apparatus will not be place out of service during peak demand times. All equipment used (e.g., hoses, ladders, etc.) will be returned to the Department clean and undamaged. Crossed Saber Productions will be responsible for any damaged equipment and will be liable to repair or replace any and all damaged equipment, whether or not such damage may be caused by the negligent acts of City's agents or employees. Crossed Saber Productions will pay City $16.00 per hour per Fire Department employee involved in the production of the film. Each fire truck shall be manned with three flru fighters and each ambulance shall be manned with two paramedics. 2. Insurance. Crossed Saber Productions shall maintain in effect at all times from January 4, 1993 to January 16, 1993, at its own expense, Comprehensive General Liability Insurance covering the general operations within the City, for bodily injury and property damage in the minimum amount of ;1400,000 combined single limits on a per occurrence basis. All policies shall be issued by a company authorized to do business in the State of Texas, copies of which shall be provided to the City. r 3• Indemnity, Crossed Saber Productions a indemnify and hold harmless the grass to and sha all Citl agents, and employees from claims, losses and against its officers, lims , damages, causes of action any and all ability of every kind, including , suits, and litigation court costs, and attorne ' all expenses of to or death of arising out any person, or for damage to fees' for injury any property, of or in connection with the act Performed by Crossed Saber Productions witnin the ivities under this agreement, whether such City or damages are caused by the Cityrs sole negligence ortthe joint negligence of the City and any other party, 4. Term. This agreement shall terminate when the completed. filmi ng is CITY OF DENTON, TEXAS II ~ By= LLL YD ATTEST: 1i RELL, CITY AGER JENNIFER WALTERS, CITY SECRETARY O1 BY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH' CITY ATTORNEY r BY: ' CROSSED SABER PRODUCTIONS By t I'l "6'1' CRAIG H. 0 SGRAY UTTVE PRODUCER Page 2 ivl Y.Wrop IOO~oOO oUQ U UQ~oooOU ~ V y d O O O c~ cz; o y oOOO~~nOQ~~N Q~O~oOOO~ " V Boa 1 i I ~ n t INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS $ COUNTY OF DENTON g KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a Home Rule Municipality situated in Denton County, Texas, hereinafter called "City", acting herein by and through Ito City Manager and JOAN DAVIS, 'tereinafter called "Contractor", hereby mutually agree as follows) 1. BERVZCES 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 One hundred and forty five and 00/100 dollars ($145.00) per six (6) hour class. 3. STUDENT FEEL 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. 1 4. NO SUPERVZSION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for any purpose Including, but not limited to, income tax withholding, social seourity 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. 5. QUALIFICATIONS: Contractor must be licensed in accordance with Tex. Rev. Civ. Stat. Ann. Art. 4413 (29c), "The Commercial Driving School Act," as amended. t k 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to ( Contractor the following services and/or suppliest (1) Location to teach Defensive Driving Course classes a::d materials and equipment to conduct those classes. 1 INDEPENDENT CONTRACTOR'S AGREEMENT - Davis October 1, 1993 through September 30, 1994 Page 2 of 2 7. INSURANCEi Contractor shall provide, at his or her own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractors business. S. CANCELLATIONi City and Contractor reserve 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 Agrsoment. 9. TERN OF CONTRACT: This Agreement shall commence on the let day of October, 1993 and and on the 30th day of September, 1994. i G f, EXECUTED THIS say of I CITY 4EI, TE XAS BY t LL ER i ATTXST: CL TEAS, CITY SECRETARY PPPROVED AS TO L$p FORM: f7EBRA A. DRAWVITC , CITY ATTORNEY CONTRACTOR: f SY t AFF00696 1N{ Wei y ~Zt oooGOGO oaooaocoo~o°°°o ~ a o 0 y +O T. 0°°°°0 ~ a o a a a o a o I E ~ f h i I I CONTRACT AGREEMENT STATE OF TEXAS § COUN:'i OF THIS AGREEMENT, made and entered into this 2 day of A.U. , 19 93 by and between THE CITY OF DENPON of the County of DENTON and State of Texas, acting through LLOYD V. FiJ1RRELL i thereunto duly authorized so to do, hereinafter termed "OWNER," and COMPANY, INC. r.0. BOX 828, DENIC)N, TEXAS 76202 t of the City of DENTON E 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 a,id OWNER, and under the conditions expressed in the bonds bearing even p date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 1A,55 - ALEXANDER STREET DRAINAGE PHASE II in the amount of $ 83,x9.5.00 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, saperintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and Y prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, *he 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 { all maps, plats, blueprints, and other drawings and printed r,,r written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON pN FRING STAFF all of which are made a part hereof a" 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. I~ I~mnjfication i Contractor shall and does hereby agree to indemnify and hold ffff 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 ty any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for wham 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. Chgica of iaw and Vents 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 b ii IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. TEST: CITY OF DENT(M OWNER y C ~ (SEAL) ATTEST: .o - CONTRACT ![4? INC. f e 4roo , (SEAL) APPROVED AS TO FORM: City Attor y I 'A 3 i tiC,1vL F-tr_'P~;UM BASED Ole! PiN AL CONTRACT PRICE PERFORMANCE BOND REPLACEMENP BOND STATE OF TEMS ) BON) NO. 896443-93 COUNTY OF DwToN KNOW ALL MEN BY THESE PRESENTS: That DBR Construction Ccrraanv Inc. , of the City of Denton County of Denton , and State of Texas as PRINCIPAL, and International Fidelity Insurance LOSMVI P. n. Box 56, Newark, New Jersey 07101-0056 , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton as OWNER, in the penal sum of ~.1QhtV-ThwP Tt~.+,icanr~ CmF F+,mrlrad Ninnt '---`-`--------------Dollars Va and nn/" 83.195.Q 0----~ 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: WfEERFA°, the Principal has entered lato a certain written contract I with the 03,NER, d-4i4 the day of construction of Bid #1465 - Alexander Street ,Dr rainn a P'ase Ihin the mmuntf of $83,195.00 1 Which contract is hereby referred to and made a dpart hereof as fully and to the same extent as If copied at length herein. NOWt 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 the Principal to be observed and performed, and according to the true intent and f meaning of said Contract and the Plans and Specifications hereto annexed, rhea this f obligation shall be void: otherwise to remain in full force and effect; f PB-1 ii i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civic Statutfs of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, 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 FURTHM, that if any legal action be filed upon this bond, venue shall lie in ntr_ County, State of Texas. Surety, +.oi 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 8th day of March r 19_2~. QBR Cgn tnMction Carnsanv. Ins. jJntnrnatinnAl FirloTilg Tnairranra CorrW.y Principal Surety By 4 V.R. Dramiano, Jr. Title Title attnrnPV.,;ir.- rt I Address p_n. Rnv R2A Address P.O. Box 56 Denton. Texas 76202 NpwArk_ jaw .Teraja~ 07101-0056 { (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damian, Jr. ~1_7774 Preston Road Dallas Texas 752537 NOTE: Date of Bond must nct be prior to date of Contract. PS-2 0091b FBI I ~ I r :7r PAYMENT BOND REPLAMCNT BOND STATE OF TEXAS BOMB NO. 896443-93 COUNTY OF DEMO KNOW ALL MEN BY THESE PRESENTS: That DBR Construr.,'.on Cotr~any. Inc. of the City of Denton County of Denton., and State of Texas , as principal, and International Fidelity Insurance CaTVany P.O. Box 55 Newark, New 7ersev 07101 0056 authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto The Citv of Denton OWNER, in the penal sum of Eighty-Three Thousand One Hundred Ninety-Five and no/100------------ Dollars ($83,195.00------- ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and aas.~.gns, jointly and severally, by thes presents: WHEREAS, the Principal. has entered into a certain written --ontract with the Owner, dated the 2nd day of March , 19 93 { Bid #1465 - A)Pxandpr Street Drainatt phaGp~Ti I i to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION 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 th_a bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, 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 1y i~ Surety, for value received, stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plena, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does herebv 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 instriment this 8th day of y March 19 93 DBR Construction cEpt ny, Inc International Fidelity Insurance Conpany Principal Surety r~ V. R. Damiano, Jr. Title Title Attorne y-in-Fact Address Address Denton, Texas 76202 Newark, New Jersey 07101-0056 l I (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damian, Jr. 17774 Preston Road, Dallas, Texas 75252 PB-4 0092b MAINTENANCE BOND BOND 896443-93 THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DBR CONSTRUCTION COMPANY INC. as Principal, and International Fidelity Insurance Can " 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 EIGHT THOUSAND THREE frUNDRED NINETEEN AND 50/100---- Dollars .319. o= 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 DBR CONSTRUCTION COMPANY INC. has this day entered into a written contract with the said Cityy of Denton to build and construct B!D M 1465 - AI.EXAMDER STREET DRAI1~fAGE F PHASE II l which contract and the plans and specifications therein mentioned, R adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference j 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 o~ 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 accoun.: 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 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 ar4d surety shall be subject to the damages in said contract for Bach 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 shell 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 s,iall 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 DBR Construction Company, Inc. as Contractor and Principal, has caused these presents to be executed by Donald B. Richards and the said International Fidelity Insurance Cuiranv I~ as surety, has caused these presents to be executed by its Attorney-in-Fact Cheryl L. Humahrey and the said Attorney-in-Fact has hereunto set his hand this 8th i day of March 19 93 SURETY: PRINCIPAL: Inter-iational Fidelity Insurance Co. DBR Co struction y, Inc. BY: ~c. l Cheryl L.`H hreAttorney-in-Fact I r MB - 2 7 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: 1-800-252-3439 1 You may write the Texas Department of Insurance: 1 P. 0. 104 Austin, TXo78714-9104 PAX 0(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. f ATTACH THIS NOTICE TO YOUR POLICY: j This notice is for information only condition of the attached documentY.and does not become a pert or ~I - -~J fti,lh [JJ,I 17t'.?~Ir rlnrl d'1 f. J{._1 ',L: i':G7. n rr 1, Its `il-''ll II: 1:':F.1'Ill iVl'' I ,I IA' 11 r ,r PI'I'p II I. it f ,'.I JIN iI 111 f ~ I I I? '4,,l IJt i, -iC ' i l' 11'.A~Jl I r a,v' t l, ;.tt•I I p r r, I 'o rtm n Inv I la .r+lf\Ir lil Cllr ur II li r \ ,47 r ~'w wa~.• ^a • r v 14 Ind Z T?E,~ ~ r. F'Yt ~r 1"Aa~ pry, .r w w . . * Z~~.s. } l ~ , ~T .lc t'om' t ~ti 9 aT lX 4 •Y~ M ,,.J i ~"7t bi„ " . . 4~... r'W ~;.{yp rt . } r".r r ~w s ° ` ~r r W, htu urrEauil. 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If91y , r i.I 11 , F WORK DAYS Alexander Street nr,in.ne _ Phapq 1I BID NO. 1465 (ease 81d) PO NO, BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UN UNIT IT PRICE TOTAL woommons~ 2.12.3-A 27" Rrp class III 48 LF S P./'/' . ln, rC /LF 2,12.3-6 30" RCP Class III 263 LF $ /LF y4lP 2.12,24 36" Polyethylene smooth 330 LF $ /LF $ Lined Corrugated Stm Swr 11r, r'/ 1 ^,r~• r'r SP-44 Remove 30" RCP 30 LF $ /LF $ , r'r,rr, 7.6.A-1 Rebuild 5' x 8' Junction 1 EA Box $ L'/r r/, 7.6.A-2 5' x 8' Junction Box and 1 EA $ /EA $ i Cover {!r. ( !I! 3-A Remove Concrete Riprap 40 SY $ /SY $ f ~D[~ r6' 8.15 Concrete Rlprap 44 SY $ /BY $ L' I/. X P T 7,6.A-3 6' Curb Inlet (Special) 1 EA $ o^ /EA $ I i 7.6.A-4 10' Curb inlet (Special) 1 EA $ rr/EA $ 2.11.5 Inlet Frame and Cover 2 EA $ /EA $ 3-B Remove Curb and Cutter ;03 LF $ /LIP $ A Concrete Curb and Cutter 44 LF $ /LP $ s cC ?G', Cr P 3-C Remove Concrete Driveway 45 SY $ /SY $ 8.3-B 6" Concrete Driveway 58 Sy $ /BY $ SP-15.8 Adjust Manhole I EA. $ /CA SP-2 Concrete Saw Cut ' 62 LF $ ' C~6 /LF $ r r 5.7-A 2" Asphalt (Type A) 503 SY $ /SY $ 5.7-6 4 y" Asphalt (Type A) 470 By 3 /Sy $ rr 5.7-C 1 y" Asphalt (Type D) 470 By $ Cl' /SY 4.6-B Lime Subgrade Prep. 516 SY $ /SY $ 4.6-A Hydrated Lime Slurrey 7 TON /TN MaLAI P - 3 i L e t WORK DAYS (Base Bidj e -se BID No. SA6Fi - PO NO. WORK DAYS BID TABULATION SHEET Ink DLscxrPTroH 4U"NTI17 UArT UNIT PRICE TOTAL SP-4 Lower Rater Line 1 g" $ SP-49 Sprinkler System Adjust. _ La 5 2.12.8 6" Ductile Iron Sewer r!'Frr 5^S %l.r~ / 36 LP $ /Lr ! $ I SP-37 Excavation Protection 263 LF $ /LP 3.10.7* Hydromulch $ er 1,100 BY g. /BY g 1.21 contractors Warranties _ lz" and Understandin a LB $ /L8 $ 3,1 Preparation of Right-of- .4o /r 7 rI Wa LS $ /L8 $ SP-10 Rook Excavation 4`Q ! 4 ^ re EP-39 Project Signs r•r 2 EA $ /ZA $ i 8.1 earrlcades, Warning signs j and Detours - LS $ /LS $ 3.12 rrr, ~a r(' Temporary Erosion Control LS $ /LS $ 3.3 /re, rr ! C Unclassified Exc. 90 Materials incorporated into ro Oct 1usLabor i $ Other Total r 3.10.3• seeding 1.100 SY /BY $ r CONTRACTOR OPTION TO USE P PIPE OR S IRAL R B PIPE I Item 3.10.3 Seeding may be substituted for Item 3.10.7 Hydromulch at the engineers option. P - 4 WORK DAYS ender Street Drainaoa rH,ee IZ BID No. - 1465 (Additive Altar -to Concrete over plow Swals) PO NO. BID TABULATION SHEET 1TM DEACRIPTION QUANTITY UNIT UNIT PRICMIN E TOTA3: 8.15 Concrete Riprap 524 Sy /BY j Sp-43 Raise Junction Box Lid I If I1► $ /E11 $ ?1 r. el) 1 3.3 Unclassified Excavation 540 CY $ /Cy 3.10.7 Nydromulch 550 Sy $ /SY $ 1.11 Additional Contractors LS Warranties and $n »/LS ¢ r 3.3 Additional Right-Of-Way - LB Pre $'nr, re, /LS $ Cif ! r~ 3.12 Additional Temporary - LS $ AS $ Erosion Control nD. or !'yI !r I Materials incorporated $ into Pro eat lus Labor other X` v ti 6 f Total (/r (r I s i , 3.10,3* Seedinq 550 Sy /1N~.7r r Item 3.10.3 Seeding may be substituted for Item 3.10.7 Rydromulah at the engineers option. 1 P - 5 CITY OF DENTON INSURANCE REQ S FOR CONTRACTORS Bidderes attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective Insurance carriers submission the or brokers to determine in advaaov of Bid availability of insurance certificates and emeata as prescribed and provided herein. eAdo;:a ct. upon bidder fails to Comply strictly with the insurance r. that bidder ppareat for bid award may be disqualified from award of the contract. Q obligations l insurance requirements sh she become ual maintain throughout the course of this contract. contractual have a duty to 1 { B~'bNDARD PAOVtnTn Without limiting any of the other obligations or liabilities of t Contractor, the Contractor shall provide and maintain { contracted work he Denton has been completed and accepted by until the , Owner, the minimum insurance coverage as he City of j hereinafter. indicated I j f As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satiofactory certificates of insurance, containing the bid number and title of the Contractor may, upon written re artmect, ask for clarification of any insurance ree Purchasing Department, however, Contractors are strop 1 a quirements at an rior to bid opening, g Y dvised to snake such requests p since the insurance re modified or waied after bid openin g unless a written exception quizemenhas been submitted with the bid. Y not be work or deliver any material Contractor shall not commence any until he or she receives notification that the contract has been accepted, a City of Denton. pproved, and signed by the All insurance policies proposed or obtained in satisfaction of these requirements shall Comply specifications, and shall be mintai ed in compliance following ethese neral 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. Heat Company rating of at least A. declar in o Any ded eductiblesbior, self-insured retentions shall he It' b the the insurer shall rr:ducep or eliminategsuch deductiblestor self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the C7 - l 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 bb 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. r 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 aggregrito 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 net 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 tha date of the lapse. BPECIlrIADDITIONlIL Ilia U w! Q*nnIBMWJU All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be i;taintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted; CI - 2 I .,e1 . [X1 Goner a_kiA"1Y_=UXkA2_q1 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 tL,is contract and broad } form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the current C Editionsano General Liability aGL1040 ) oris (ISO used, it Lshall include at least: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, j , 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) F Comprehensive or Business Automobile Liability insurance shall be provided by the contractor with limits of not less than $500000 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 arisii,g out of operation, maintenance or use of any auto, including owned, non-ownad and hired automobiles and employee non-ownership use. (ISC 'orm CA 0001 Current Edition) LX) ~Qrkss Oomneasation Znsuranoe Contractor shall purchasu and maintain Worker's Compencation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Entployer,'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 "'fY T S h k I 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 1 j i t t G t r CI -4 r awe Dire JMM1OCUYYI URANC 03/24/93 rl.ndi~.L11~ i rd d ~,7 1 sRE000aR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANQ'- CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICAT[ DOES NOT AMEIND,D, EXTEND OR ALTER THE COVERAGE AFFORDED BY Tilt Ramey 6 Icing Insurance 101 S. Locust COMPANIES AFFORDING COVERAGE POLICIES Suite 707 Denton, TX 76201 COMPANY LETTER A Trinity COMPANY B Hartford LETTER LIMUREO COMPANY 'texas Special t D B R Construction Co., Inc. LETTER y Dori Richards COMPANY P.O. Box 828 LETTEII f D Denton, T' 76202 COMPANr LETTER .,.E -1-.~...... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER:00 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND!Tf0N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THI! INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. { EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED UY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIWTE L TYPE OF w"RANI.Y POLICY K1112" DATE (MMIODIYY) DATE IMM/DOIYYI C GaWJ LLUIIUTY GLS437011 05/06/92 05/06/93 GENERALAOGREOATE i lOQ1~444._._ I C X~ COMMERCIAL GENERAL LIABILITY GLS437012 05/06/92 05/06/93 PFIODUOTS-COMPIOP AGG. i a CLAIMS MADE OCCUR. PERSONAL 8 AUV INJURY i 59U04 OWNER'S A CONTRACTOIi'S PROt EACH OCCURRENCE i FIRE DAMAGE. IM7 on Nn) $ ~1 ! MED. EXPENSE fM"LOm t>w.wl i A AUTOMOWELIAWLITY TCA6413799 04/17/9'1 04/17/93 COMBtNEDBINOIF i 1000000 LIMIT I _X_ yI ANY AUTO ALL OWNEO AUf03 BODILY INJURY A SCHEDULED AUTOS (Pe P.rtwn) • _ I XI SMI) AUTOS BODILY INJURY i IPk ocsWant! f X IpµOWNED AUTOS I Fl GARAGE LlAtllllTY PROPERTY DAMAGE I Wpn LIAWLITT EACH OCCURRENCE 1 UMBRELLA FARM A00REGATE E OTHER THAN UMBRELLA FORM STATUTORY MMIIE YT07NLEME COMPRIIEATWN EACH ACCIDENT i 500004w B~ AND 46WBCUA0213 02/07/93 02/07/94 DISEASE-POUCY LIMO E 500009_-_._ EMPLOYE"' LIAEknY DISEASE-EACH EMPLOYEE i 500000 OTHER ~WSd11PT10N OI CEP.ATWNB7LOCATIOIJBIYEHICLEME►EC!AL ITRMO ~ I~ Additional Insured: City of Denton Project Bid: #1465 - Alexanuer St, Drainage Phalle 11 wpm U nSi6Al4A . CANCELLATION .Atilt SHOULD ANY Or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 215 E. McKinney MAIL _.II? DAYS WRITTEN NOTICE In THE CERTIFICATE HOLDER NAMED TO THE Denton, TX 76201 LEFT, SOT FAILURE TO MAIL SUCH t. 'TICE SHAI I. IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON T E COMPANY, ITS AGENTS On HFPRESENTATIVL B, AUTHORIZOO REPREEENTATJVtl 2&% L7,100 I ~IFCI~¢ FIFO BID SUMMARY TOTAL BID PRICE; IN WDRLS_,**F1 ht Three Thousr3nl One Hundred Ninet five Dollars In the event of the award of a contract to the undersigned, the u ndersigned will furnish a performance bond and a payment bond for the full the termsaandmount of the provisions contract, proper compliance with of the contractre to insure and guarantee the work until final cc,mplation and acceptance, and to guarantee payment for all lawful claims far 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 roposal have been carefully checked and are submitted as correct { f p and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. DBR Construction Compnny,lnc. CONTRA OR BY Don Richards / president P,O. Box 828 Street Address Denton,Tx 76202 City and State Seal & Authorization (If a Corporation) 817/383-3007 Telephone a - 1 ,r.,x ~i ~t. 9 I BID SU' "vIA.RY ~ ALEXANDER STREET DRAINAGE - PHASE II 1 i Work ease Hid 35 S_ ~r~.1Cr Additive Alternate - ~ Concrete Over. Flow Swale 15 $ / i Total Bid 50 $ C~.~~, ~ I ~ 1 ~ Averd of the aontraat will bt based on the Sale 81d or tha Total Ald. The Additive Alternate will not be aaneidered as a separate ! ~ ~ contract. t t I~ I~ ~ I ~ q S ' M i I U.S. OE►ARTMENT OF HOUSING AND UAEAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certil'Ication is required pursuant to Executive Order 11246 (30 F. R. 12319-75). The implementing ` ndes and regulalions provide Ili-it any bidder or prospective contractor, or any of their proposed subcon- I traclnn. shall state us 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 tiled all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not tiled a compliance report due under applicable in- structions, such bidder shall he required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER NAME AND AD00141165 Of EIDOIR flnrNdr lM Coo) DBh Construction Company,Tne, P.O. Box 828 Denton,Yx 76202 i i I, (lidder has participated In a prim-low contract or subcontract subject to the Eaa'a' Opportunity Clauw. ❑ Yet O No 2. Compllasica reports were required to be filed lei connection with such contract or subcontract. Q Yes Q No 7, Bidder her flied sit compllence reports due under applicable Instructlont, Including SF-100. O Yes 0 Me ❑ None Reaulted _ a, Haw you o"r been or are you bernq considered for unction due to violation of Eneeutlrs Girder 11245, at amended? y yes ❑ No NAMI AND TITLE or 310NER Ifs" two bon Richards, / President SII+NATURE OATV 212(93 Rre4eu ferns HUD~13e.~:D•I, +.+•~eh n Ob+elete MUa+50,1 N1•tal (G1) UT , r p IN A• u AM v 1 r C0e1"M1►i 9lt VFLmta(WT aLOCA twawt ►a00►AM CONTRArTOR'S CRRTIFiwiow COMCIERNFNG LABOR STANDARDS AND POMIL Nb VACR REQUIRFUENTS 10 (I/y.•r.rw Rvyrr•V+ 1~ *Art 2-Z-93 ~r~ITJ/~ aN0 /wCl NVwaaa (I(NI/ da YAIZ r.l a tea. S. TMa oad•rrlmaad, MoNIrR "o voted a eoalrAm wild (r tAm aoaatnel:am of tk olrara-llenllMd ~q(eei, stiaawlodpa IAah fA) T%O li►w Semada,da r ovialsas ON intiodd k IAO slo noW taMeael; { M1) car""loa O( "r im(rorlkaa a( Ike alwrO•w erA,filloom, INCk44146 Mfnellw by aAr a( ko saiammisclam aai {{{{I any Iowa Ube mokrMnNrw, as Alm Ift wlaiklill f: la) 14#1116« 4 aw aa► (kr, pbel • sMl► w ovem alias ia w%kM k Mp aoiolaMkl Mrlaromt k do+ipoled ba as 1"114161e ~0044w by oe C+rt►ilalkt Grrlonl 01 IM Umliod Slates pnaoM to SCC16a 3.40) d1Aa RetOLllaa of Ow S•CrwrS of laiw, Poet S (10 R. Ian +r1 w Personal % Soviko 3(o) of lMo Oarla•Rlaew ,lq, on eMOadod (00 V.i.C, ifdr-MA (4) No p,s of IM a(wowrMlomrd to■lrort Mo Maoa w will k ookoatlaekd to oof Oakvah vot It mdeM 906 oaalurlor w wllr (!n, twmwaU1 . ►atMOtsM►r aabatimUoa IN wAkM sotto oabtoatrOeiw Iwm • oohl►retof !Atonal is damlpated as am IaoUdl►Is roat/aelw PlrarmM to oar of the otweMealioad 14241,1404f of otaltifty paolsloas, No OVOOO to oilmlm Od letwbrd so tkw ofaerwealloosd t"i►Mal WNW" tea days a w W Pma+ANa otawp Miroalrad, IRltdlaR Aa w we idd i/ We ooMeowrweoaro ood say lowtv dw obitwlitaelan, o Siofnrtlwttoe'm CodNkalwo GatOSoistt lriw ttoodatir bad Pso"fliaR Vaq Rrpkewoato aaeevlird by IP.m omaces wlttws. R* eMl laa t h ~o •me oar. oad siwea r au a w~fasyaod wet _ SS# p/ sA+J1~~~~i1i,.,.,~17~► w RACE : i Le A.,f Jt. x~~ 010 w(ar1 w ia! , rLI ~fit awooldi ►aMMtAMawa• 111 AgaNaarNM MwaNtlff+w '/wt mute (11 a►Ntrwtaawr+ NI olwtw0 AartAt10M1 motor/ (e) Tie sows, fills aad oNrals of Aa a*ON, p masers w vditws of Ike oodwNp•d oaf MAAIw r NN a ww aw a1 0p p, t3laa- !2 C t av top-loll u.rn (C - 9) I j CERTIFICATION OF PROPOSED BIDDER REGARDING SECTION 3 AND SEGREGA'rFD FACILITIES 1 i DBR Construction Company,Inc. ALEXANDER-DRAINAGE - pKACR I- B-91-MC-48-0036 Name of Prime Contractor Project Name and Number or Subcontractor The undersigned hereby certifies that: A) Section 3 provisions are included in the Contract f B) A written Section 3 plan was prepared and submitted as part of the bidding process (if bid equals or exceeds $10400) ROM THE SECTION 3 PLAN MVST BE SUBNXTTED TO THE COMMMITY DN"LOPKXW OFFICRo, 105 1/2 w. OAR 8T. PRIOR TO CONTRACTOR ACCEPTANCE. A BREAXDM OF 3 SV9CONTRACTOR8 AND EXISTING wORX FORCE KUBT 88 ISCLCDED (BHR rouowzma roams). C) No segregated facilities will be maintained. Dori Richards / President Name A T tle of gr~.r (Print or Typc)~ 2/2/93 gnoture Date c-2 >a L j ooo~oa~,c ~cncao~gaoo°°° D ~ a Q °°0 a o n a a a o a o 0 0° f j I I s CONTRACT AGREEMENT STATE OF TEXAS COU11TY OF' DENTON v § THIS AGREEMENT, made and entered into this _ 7- day of DECMER A. D. , 19 93 , by and between CITY Or DMMN of the County of DENTON and State of Texas, acting through _..LLOYD v._HaRRKrL thr.reunto duly autholizpd so to do, hereinafter termed "OWNER," and I DHR C(~1STHtJCTION C(kSP1tNY ING., P.O. W 628,DN,. TEXAS 76202 I of the City of _ DaNTON , County of DL'NTON 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 #-1559 - MAPLE STREET SANITARY SBNER in the amount $110,109.00 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 an9 prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement., the Spacial 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 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefore, as prepared by GIteMIMG, wun moat c ~7I0N DFPARm~rvum all of which are made a part hereof and collectively evidence and constitute the entire contract. rndeve~dent Status mutually it is t Contractor that Contractor isd an nindependent contractor between and tshall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income taxi withholding, social security taxes, vacation or nick leave benefits, workerfg. compensation, or any t i;,;, employee benefit. City shall. 1)u, 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 dirention 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 pc!::cans 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, and protect the City of Denton against any and all such cl< demands. I - Choice of Law and Veri~ g This ayrcttmsnt shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in 1 the courts of Denton County, Texas. The COTRACTOR hereby agrees to commence work on or after the date Qstablishid 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 whe General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forme a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 'r IN WITNESS WHEREOF, the parties of these presents have executed this agreement In the year and day first above written. TEST: 0 Cry (SEAL) ATTEST: DBR CONSTRUCTION COMP&MV INC. CONTRACT e I t (SEAL) APPROYED -Ag-T~) FORM: k g tt' arney i` AAA0184D CA - 3 I r BONO PREN 0.1 BASELD ON FINAL CONTRACT PRICE 80nd vo. 561861 PERFORMANCE 130tM STATE OF•TEXAS S COUNTY OF____p9Nwn S XNOW ALL MEN BY THESE PRESENTS: That QeR CONgrRUCTION CtMAlff ixC----- - , of the City of _ _oqh County of -_.Q>Mp _r and state of ,rEx-- a8 PRINCIPAL, and _ Capitol Indemnit Cor orrition _ , as SURETY, authorized Qnder the laws of the State of TAXas to act as surety on bonds fur prinoipale, are held and firmly round unto the t?Tt I DENTxr as OWNER, in the penal sun of 01a1t My=Ke Tffi? TgOpg p~ 11RD -.~1-~4~-----•------- ) for the DO Dollars ($.._110.109.00_ pay whereof, the said Principal and Surety bind themse?,ves, and the airs, administrators, executors, successors and assigns, joie, and severally, by these presentees ;Rr.AB, the Principal has entered into a certain written contrZW..t. With the OWNER, dated the 7 day of BBt 19-U, for the construction of _ 310 i 1555 - MLE Si ~ sAssMY _6gM~ in the ~wr.-9-f li 109.00„._ _ u - which contract is herab'y referred to and made a fully and to the same extent as if copied at length part hereof herein. an NON, 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 agrasments in and by said Contract agreed and covenanted by the Prir+nipal to be observed and performed, and according to the true intent and meaning of said Contract and the Pll.ns and Sp©cificntions hereto annexed, then this obligation shall be voids otherwise to remain in full furoe and affect; PROVIDED, HOWEVER, that. thin bond is executed pursuant to the provisions of the Act of May 22, 1993, 73rd 1,139,, R. S. , ch. 268, 51, 1993 Tex, Seus, Law Sorv. 587, 851 (Vernon) (to be codified as Tex. Gov't Code, ch. 2253) (formerly, Tex. Rev. C.iv, art. 5160), and all liabilitinn on this bond shall, be deter inednin accordance with said provisions to the same extent as if they were copied at length herein. PIS 1 it 1 i bond, PvenueFD FC1FtT1M~ shall t}lat is any 10g,11 action be filled uAUn this 110 in Denton county, state of Texas. Surety, tnx' ch value received, st anger extension of tuna, alteratlo stipulates and a the contract n or grass that no ~apecificatio~a or to t''•e work performed addition to the terms of ePlact l.ta oblig tSorionngs accompanyin thereunder, at the planar Of any such th.ie bond, and i Q~hG Oa gar shall in any say the terns ofta change, extension of time hereby naive notice thereunder, contract, or to ' the alteration or addition to t'ork to be performed uj WI7'NF.38 WHERF.01F, the said I,r and sealed tJiis incip$l and Surety have r instrument this. 13th day of December ignad 19 9= ~ . 1 D$R Construction CompvnY, Inc, 'rirlai a Capitol Indemnity p Corporation By tJuxety I I 1p i Titl ' ••t Tltl t[orl L !jump ey me -in-Fact Addrasei I f . /l-•.. ~t Addreass 4610 Universit Ave. No. 1400 Medtaon Wisconsin 53109-0900 (eE11L) Tha name and dddreaa of the • Resident Agent Of Surety is; J1zj Damiano. Jr, 17724 - pr=s ton Road* Dallas, 7 ~ exas 75252 I r t_ N49`: Cots of Y3ond must not bs prior to date of Contract. MA0184a PR 2 BOND PRENJIUM dASED ON FINAL, CONTRACT PRICE «°~t~l No, sGl,g6J PAY MEET BOND STATE OF TEXAS COUNTY OF _ prK 5 KNOW ALL MEN BY THERE PRESENTS: That rtnv , County o f of the city of as AQML"'-'----, and the State of Principal, and ca it01 Indurjnt c- orate authorized under the lawa of the State of Texas bonds for principalu to act; as surety an are held and firmly bo,u7d ante -.0s_ crrr or OWN E U/1's Penal sum of for the payment whereof, ~ ` A Dollars {y thomsslves and their the said Principal and Surety E E heirs, administrators bind and assigns, ~aisttl exe(.gtora, successors Y and severally, by t)tasa preuents: "EREAS, the Principal has entered i contract with the Owner, dated the ntq a certain writta~ ---7 _ day of p I to which contract is hereby fully and to referred to and made s Part harQ ! as the aane extant as if aopiad at length herein, OW1 that ifxthe saidR rPincipal "'E CONDII;'ON OF THTV OALIGATION material to him or IS SUCH, and shall pay all claimants Ali Work provided to a subcontractor in the PPlying labor void, otherwise toiremDAW ain f the n °ntre.ot, then this ~~biigationoshall be u the prPROVIDED, HOWEV$g, that ss this force bond and ek'Obli Oh- "Sr S1 °n1993f Tax e t of May 22, 19is execute to d pursuant . 93, ird hp0 . as, acditiad as Tax. Gavot Cad Law SAM. 587, 851 R.S, gtat. Axle. art. 5164 e' ch• 2265) (formerl {Tax. R) . be Civ. determined In accordanceawithil liabilities on this bon R h b if they were copied at length hereinovieiUns to the d shali be same extant as PS - 1 S.. ~l 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, apacificationo, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such ehanae, extension of ti.ms, alteration or addition to the tnzms of the contract, qr to the work to be perform+3d thereunder, IN WrT19ESS WHMkEOF, the said Principal and Surety have signed and sealed this instrument this ,13th day of December l9 93 DBR Coniatructioo. Compsny, Inc. Capitol Indemnity Corporation Principal Surety By nr%!_ ~ l Ch ryl L. Humphr y Titl tornay-i n-Fact. i 1 MdresstAddressi f 4610 University Ave., No. 1400 Madison, Wisconsin 53705--0900 (SEAL) (SEAL) The name and address of the Resident Agent of surety is: V. R. (Jim) Damianu, Jr. 17774 Preston Road,_ Dallas. Tenas 75252 RAA0184D P.'s - 4 BOND PREMIUM 3ASED ON Bond W 561801 FINAL CON'rRACT ;'MICE: MAINTENANCE BOND VIE STATE OF 'PEXAS S COUNTY OF DENTON $ 1CNOw ALL HU BY THESE PRESENTS: That mNaTgq~S~~~ INC. as Principal, and Cap'i.toi Indemnity Corporation a corporation authorized to do business in the Static of Texas, as d surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal corporation of the state oP its successors and assigns, h9nton, Denton County, Texas, the cum of sLEM TilOttSA►1A AM TEN sad Dollars sj.oj0.9o ton e (10%) percent of the total amount of the contract for the payment of which mum said principal and surety do he);eby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, thatl `r1H$REAS l said onR c»avs~r(ncrirnt ~e~nr~~ has this day enterad into a written contract with the said City of Denton to build and construct - DID ! 1.555~_ AAp „.ZWff which contract and the plans and specifications therein mentioned, adopted by the City of DAntcn, era filed with the city secretary of said City and are hereby expressly incorporated herein by rai°erance and made a part hereof as though the same ware written and set out in full horsin, and; WHERRAB, under the said plans, specifications, and contract, it is providod that the Contractor will maintain and keep in goad repair the work therein contracted to be done and performwd for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may bacoma naoassary 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 cr improper excavation or backfilling, it being understood that the purpose of We i3ection is to cover all defective conditions arising by reason of dafective 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 HR - t accordance with said contract and su the saaye against the said Contra tort and itaeriale and charge obligation, and said Contractor and surety ahall be subject damagas in said contract for each day's surety on this Contractor fiallurs on thto the and this bond comply with the terms and provisions of part of said said contract Now, THEREFORE, if the said Contractor shall agraemant to maintain said construetltn and keep s the maintenance period perform of one (1) year, as here and said cp it for r than these presants shall be null and void and have n have no t further affeetl otherwise, to ,main in fun force and effect, 3 ~ It is further a continuing one a ai greed that this obligation shall be recoveries m 5 nst the Principal and Surety and that suc a recoveries harcizbe had hereon for successive braaohea cessive have been exhausted, F=cvided until the full amount of thij bard shall , and it is further Obligation to maintain said work eh inuersto airtenanee all oontine od that the Ma in an Period, and the same shall not be ohan throughout acid m y manner affected from 9ed, 431linished, any cause during said time, as COntrdatOr ESS WHEREOF, the said DHR Construction Corn an and Principal, has caused these S Inc. exacutad by presents to be and the maid Capitol Indemnity Corporation as surety, hate Caused these Attorney-ill.-Fact Presents to executed i ~ y^in••Peat cl ez i L. Hum hre by its f and the said Attorney- y in-Fact has hereunto set his hand this 13th da Of ace her -~'-----~..r 19 93 2,tSol Indemni PRINCIP.1yt y ,orporation DBR Con~vtructi sny, LL! WL(~.L -omp Inc. Attarna e / y -in-Fact i MA0104D MB - 2 l tj 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: 1-800-252-3439 f You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 73714-9104 FAX 1(512) 475-1771 PREMIUM OR CLAIM DISPUTES: i Should you have a dispute concerning your premium or about a claim 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 INDEMNITY CORPORATION 4610 UNIVERSITY AVF.NUF. SUITE 1400. MADISON. WISCONSIN 537059900 PIEASF ADDRESS REPLY 70 P 0. BOX5900, NIAOISON %V, 537050900 PHONE,603) 231.4450 - FAX t6061 231 2029 POWER OF ATTORNEY No Know all men by these Presents, That the CAPITOL INDEMNITY CORPORA Bond No. TION, a corpo anon of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint V. R. DAHIANO, JR., CHERYL L. HUMPHREY, BETTY J. DAHIANO OR SHANE A. HUMPHREY ^ w Its true am lawful Attorneys)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act l and deed, a:1r and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of 41 NOT TO EXCEED $500,0.y00.ITY 00 CORPORATIO and is N on adopted fbynthe orne Boardf of tDirrectors of signedAP TOL sealed b facsimile unl and a meeting., of t hcal!eld and held on the 51h day of May 1960; RESOLVED, that the President, and Vice President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted i the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other rII wribnge obligatory in the nature thereof, one or more resident vice -president s, assistant secretaries and attorney (s) in-fact. each appointee to have k the powers and duties usual to such offices to the twsiness of this company; the sign, ure of such officers and seal of the Company may be affixed !kk to any such power of attorney or to any certificate relating thereto by facsimite. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power w executed and certified by facsimile signatures and fammile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing oNlgalory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said of icors, at any time,' ESS WHE TOL INDEMN caus Its officer un ers g ed a dR sOcorpora ell elal to be here olaffi ed duly att sted by is SecretarysthisrI st day ofJ une, 1993• I CAPITOL INDEMNITY CORPORATION Attest; i z V VUgHine M Schulte, Secretary coRFOPAre a GeoraalA, Fait, President ; SEAL ~r STATE OF WISCONSIN ;N5 1N~ COUNTY OF DANE On the 1 st day of ,tune, A,D., 1993, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say; that he resides In the County of Dane, Stale of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporaf!Do described in and which executed the above Instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ,t,W1,Hnimxipu~ STATE OF WISCONSIN .AAf PE EP - `yam COUNTY OF DANE HANS Peter E' Hans Notary Public. Dane Co,, WI 'A . a° My Commission Is Permanent 1110111 CERTIFICATE i, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL. INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY thal the foregoing attached Power of Attorney romains In full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth In the Power of Attorney is now in force. Signed and sealed at the City of Madison. Dated thq w t3th day of December l 199. i CONr OPAiL a°AC~ Paul J. re aucr, Treasurer This power is valid only if Iha ayp y i power of attorney number printed in in the the upper tight hand corner appears in red, pliolocnpies, cmbon copies or other reproductions are not binding on the company, Inquiries concerning wis power of attorney may he dirocled to me Bond Mannner it the Home Office of this Capitol 1,ldemnity Corporation, f I 1 r SENT 8Y:oentonr TOM ;12-17-83 ;10:'12AM Rimey & King Ine,~ 1 817 302 46821# 1 NM RAW N4m' rIW @WMFIOAT114 IIWID All A KATM 010 WIDAMATION ONLY AND CMIM No A UPON M 001TTROATx HOLDS& THIS OINTIM7W I A Kkj f r"ft ND, L%7 0 ON ALTIIi TIES OOVLUU ANMM BY THI D Le" Tx Two- oa~wNY . 1 rnr ,.,.,,.A. COMPANIES AFADFIU1N.........(i COVERAGE . a N paiwuElMA t`. rw , C NrMD d POt Tx fpm urns 0 . , am~ 8 i Lum 3 ?A 0 TO D6R'TW TTMT THE POWN OF NPJVNOe UM 1110# HAVC fIN MW TO TNi PIEUINO NAM AWA FM TKI POUOY PERIOD Ills NJWOAT~ NOTYARNTANDIN4 ANY AEO AWAINT, TERM oR CON01nON OF ANY CORMWY OR OMEA DOCUMW WMH AMFWT TO WNICH TNIE i C1iIRIPpATIE MAY M IEEUPO OR MAY PIMAW, THE NIUIWICI AFFOIOEO BY THi FOLTOktl DEECAIBED FIiMIN N IUg1EOT TO ALL THE TOW, 6XCLUIIOliB NO CONORTONE OF SUCH PO1 R , LNl BNONN .MAY HAVE FERN KIN010 W PAC CLNME, i wmym » » ."IYM OF ENAEIYIEE PatgY NIA.e+ ptfE ' a 4 wn %lm EIIWL!lIIE71'f ....0 .l.. .ON" LAOOAIOATV A awr MAty I,,.X..1 ooou~ I ~~crw~,~ Gov„w►~r °',.,i~ taoooo., , o00~,,..,, TI B AA =MUM" VIOL ± f1i0!»OOONAI01 .Is,.~. t00b oj*i I l 1~ 1 0" ovlrrM 1Wf1M oTfwroErEls u0rm TUNISIP" ATM AN AK COW AYTOE 4~4 EaMCIA~f AUTG IowN 'r I TT lGi6 NJIOE ~ ~ I ' NOfSpMiO wm EAAM LVERIIY ! » . , UiwA Am jji , AOORMA f I. . 1.... ,..,{MOwtR'E Oai/RYMTCN . ..E.,,,~ 111 ~1, , UVIN 0 ,IwlcuAale { P=1 LW EAIFIAA'tAl LwsnY I 94" 'Wf ArLom 100000 " DaAn i I ' 4 » » » . EE~OAPIti11 ar ONYYIQIIMOOA~ RWE ' DITY Ot* a w. ADDITI01(ALID 1NOLLD ANY OF T1R MM COP 001 POUOIO K OAHOILLM $MRi RII 10 MUTTON OAU T1gW, THE Ii1WN4 =#ANY WILL MWAVOR TO r CMy M DndER MAR . SO DAVE WR MN MOTILE TO 1141 OiRT1FlCAT'i HM M NAME'0 TO THE pE~ LEFT, Wl MUM TO MAIL IXW NOTICE CALL IMPON NO OIUOAT ON OR .I TIOfEE it UTAB"Y OF MY IONO W" TNe CCMPANY, m ASPOS ON RIPPO TAnVEE, DEMER TX 11901 GLz L I Y i r M LHC 17 193 11126 817382431E1 POGE,001 t, i OOO~°G opp C01JCppY poo(i i o0p~a rr~~ I O q b t 0 aooaaao°°°°°~o i l i r F i l • CONTRACT AGREEMENT rl_,1 STATE OF TEXAS § COUNTY OF DFNTON § THIS AGREEMENT, made and entered into this 21 day of iEPTE"ER A.D., ly 93 by and between CITY OF DENTON Of t1M County of DEMN and State of Texas, acting tl,Y.uu%rh LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and DEAN ELECTRIC, INC., d 12 2BA_9 QNS~TRIACTIOM, P O ^x 327(7gL_F{BLIr Z CEDAR HILL, TEXAS 75104 of the City of - CEDAR HILL , County of DALLA4 and State of TExns hereinafter termed "CONTRACTOR." WITEESSETH: That for and in consideration of the payments and agreement's hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even j date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below; BID Y 2536 - NORTH LAKES PIIASF II - jjA IELD LIGHTING in the amount of $239,520.00 and all ext ork 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, ,4upplies, 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 ".A - 1 J t all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by J. T. RUNYIN AND n.asnrramF~ rR~ all of which are made a part hereof and coliectively evidence and consti,cute the entire contract. in a ends 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 compensat`.on, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of f Contractor, and it is expressly understood that Contractor shall If 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 agraement. Indemnif'c t D 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 reas+on of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its o!ficers, agents, employees, invitees, and ether ? 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 f such claims and demands. This e.greement 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 tvork and complete all Rork withiM 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 currant 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: in the year and day first above written. A ST: CITY OFN 4~ r LPL C_~~ (SEAL) ATTEST: t / DEAN ELECTRIC INC.ctba DEAN CONSTRUCTION CONTRACT R S ~r. Title Pr.e:31.dent I (SEAL) 1 ~ APPROr.~D-~r9--R'@`1'?9RIiDi, l i i W01940 CA - 3 k i .1 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § BOND i 10488? KNOW ALL MEN BY THESE PRESENTS: That DEAN Er,FCTF.IC INC. ,$Y DEAN CONSTRUCTIONi , of the City of _ _UADAR H_ County of DALLAS , and State of 2Sxas _ as PRINCIPAL, and TITAN INDEMNITY COMPANY - , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are.. II held and firmly bound unto the THE CITY OF DEN(~j7 f! as OWNER, in the penal sum of TWO HUNDRED THA1gLno2a&p OMED AND_Tf2NTY AND ng/200-----•- Dollars ($_ylg,h2n_DD ) for the payment whereof, the said Frinc.ipal and Surety bind themselves, and their h irs, administrators, executors, successors and assigns, jointly and severally, by these presents: f 1 WHEREAS, the Principal has entered into a certain written II 1 contract with the OWNER, dated the 21 day of SF.PTEMHPR 1I i 9 93, for the construction of BID # 1536 - NORTH LAKES PHASE II - BALLFILI,D LIG}f~ING i 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 ::hall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said oontract agreed and covenanted by the Principal to be observed and performed, rind 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 :160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular session, 19911 and all liabilities on this bond shall be det:ermin(ed in accordance with the provisions of aaid Article to the some extent as if it were copied at length herein. PB - 1 H L4 p le {51 PROVIDED FUF:THEi3, that if any legal actian be filled upon this bond, venue shall lia 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 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, or to the work to be performed thereunder.,. IN WITNESS WHEREOF, the said Principal and Surety have signed " and sealed th:is instrument this 30TH day of SEPTE ER , I 19_93 , i I ! DEAN FLFCTR.IC, INC. DBA DEAN CONSTRUCTION TITAN INDEMNITY COMPANY Principal Surety a ECCA S. THACKER k Title President Title ATTORNEY-IN-FACT I I Ad,'reas: Y.O. BOX 327 Address: SOUTHWEST ASSURANCE GROUP, INC. CEDAR HILI,, TEXAS 75104 9400 N. CENTRAL EXPWY., SUITE 1550 i nAT.T.AG.. =XAg 75')71 I (SEAL) (SEAL) The name and address of the R9sident Agent of Surety is: SOUTHWEST ASSURANCE GROUP, INC. STEVE RICKENBACHER 9400 N. CENTRAL EXPWY., SUITE 1550, DALLAS, TEXAS 75231 yT NOTE: Date of Bond must not be prior to date of Contract. MA01E4D j PB - 2 ti .s t PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DAN RI.r?r- IC TSr_ _Shw nRUw ,,nw~mNmrrnw of the City of tE7~]I• County of ALLn , and tha State of TRYn~ _ as principal, and TITItN INDEMNITY ~QMPANY A authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto 1 TKE1CITY OF IISHTON , OWNN~EyR, in the~1 penal, sum of 1 TWO HUNDRED THIPM NINE TWUSAND g3yEt~$Fn ~ D0 ars f$ 239.S20.nn } for -the payment whereof, the said Principal and Surety bind themselves and their heirs, adninistratora, executors, successors 1 and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written j contract with the Owner, dated the 21 day of y~rzwrre r+rzx 19,E 3 BID 0 I536 14ORTE1 LAKES PHASE II - SAI.LFIEI.[1 LIGHTING 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 forcer 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. 72nd Legislature, Regular Session, 1991, 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 a 41 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 or this bond, and it dues ;:ereby 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 Sur-aty have signed and sealed this instrument this 30TH day of SEPTEMBER 1993 DEAN ELECTRIC, INC_ DBA DEAN CONSTRUCTION TITAN INDEMNITY COMPANY E Principal Surety By ' t J, f R BFCCA S. THACKE If Title President Ti le ATTORNEY-IN-PACT Address: P.O. BOX 32:' Address: SOUTHWEST ASSURANCE GROUP, INC. CEDAR HILL, TEXAS 75104 9400 N. CENTRAL EXPWY., SUITE 1550 DALLAS, TEXAS 75231 I (SEAL) (SEAL) I The name and address of the Resident Agent of Surety is: SOUTHWEST ASSURANCE GROUP, INC. - STrVE RICKENBACHER 9400 N. CENTRAL EXPWY., SUITE. 1550, DALLAS, TEXAS 75231 i i AAA0184D PB - 4 s~ MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That D&kN ELSCrRIC INC_, as principal, and TITAN INDEMNITY COMPANY a corporation authorized to do business in the State of Texas, as ^urety, do hereby acknowledge themselves to be held and bound to pay unto the City Cf Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, I Texas, the sum of 2wENrY TNn nN NO[100------- _ Dollars ten (10%) percent of the total amount of t:e contract for the payment of which sum said principal and surety 1 du hereby bind themselves, their successors and assigns, jointly and severally, I This obligation is conditioned, however, that: j WHEREAS, said DM ELECTRIC ING. rJ'- has this day entered into a written contract ithDrthe said City f of Denton to build and construct s&) # 7536 - NQJ9V AKZ uuxaZ rt - BALI FIELD LIGBTING E - - which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of sP.id City and are hereby expressly incorporated herein by -fe andfmadde ha part hereof as though the same were written andeseteout rein, 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 ore (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary wore; 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 e said I sa+id Improvementsritshall agfail reedtthatrepair, Cityreconstruct maintain may do said work in MB - 1 i4 1111 arc, 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 cf one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further affect; otherwise, to remain in full force and effect, It is further ;greed that this obligation shall be a i 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 DEAN ELECTRIC, iNc. yA Nc,CRUCTION as Contractor and Principal, has caused these presents to be executed by TITAN INDEMNITY COMPANY and the said TITAN INDEMNITY COMPANY f as surety, has caused these presents to be executed by~ its `I Attorney-in-Fact REBECCA S. THACKER j and. the said Attorney-in-Fact has hereunto set his hand this 3oTg day of SEPTEMBER 1993 SURET PRINCIPAL: - TIT N I f' NITY CO AN WAN ELECTRIC, INC. DBA DEAN CONSTRUCTION BX P.HBECC S, THACKER Attorney-in-Fact AAA0184D MB - 2 g M1 Y.'; `4y 100882 TITAN INDEMNITY COMPANY San Antonio, Texas GENERAL POWER OF ATTORNEY CONTRACT AMT: 239,500.00 _ BOND AMT: 239, 500.00 BOND No.: _ 100882 Know all men by these Presents, that TITAN INDFMNITYCOMPANY has made, constinned ~.;rod appointed, and by those proseri does make, constitute and appoint Steve Rickenbaeher, David C. Oxford, Rebecca S. Thacker, Jerry A. Kiker, Charles K. Miller its true and lawful Altorney-In -Fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertalr.ngs, contrems of suretyship, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bond or undertaking cr contract of suretyship executed under their acthoritq shall exceed in the amount the sum of Two Million and oo/too Dollars ($2,000,000) This Power or Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 18th day of Noti Or, 1991, PAl lr` Thalsyarfl E. WMsnn, J,, f ideILladeP Kenny, Seaetary,M'cbeel,l Boosyle. Depxaer endGeny Holt.Vim"I'dem of ewety Gpeatlons,a Any of IN M, OhioI hew the powar to appoint Al1o1ri In Fa ct as the business of the Corp Ora l ion may regmn al 10 Aulh orre Any per sun[ 14 evecute on behalf of the cirr Pon any hoods, undvtabngs, i '"mianae s, slipulal cris r. )hoos, co mrAcn, ogreanienle, deeds ind lelaase a rod auug nment ul iudgmen l h dM flier. Innr l gal A, and inslna menh I n the nature of mortgage, and also slim her iostf umems and documents which the business of the Cmporatign may rei to end to Ath, the soul of the Ceftwabm, Instate Reeabeel Puridi That ere company reel and the sign it ate Of any of lbw elm aamd ii may her albred by facsiri loony Irowm of euanev eerii}ICMe 01 ail Mr given for the execution of any bond, sedan Miry, rnm reel a 1 urafyship, or of her wdllen obligation m Ph a MAI uIA In ete4r, i uch signatm a and seal vine" soused being hn eby adopted by the Company ea l he original signature of such fr iAr soil in* orsI red sell of the (xicusny. lobe valid Anil heN ng e,pn ire Compa'i5 Will, the saMi force end effect 0e I hi manually affixed. In Witness Whereof, TITAN INDEMNITY COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed i by one of its Vice Presidents and attested by its Secretary this 181h day of November, 1991. I t TITAN INDEMNITY COMPANY Attsal, By. i I I I Linda P, Kenny, Secretary Gene Noll, Vice President The State of Texas § County of Sexor § On this 18th day of November, 1991 before me personally came Gone Holl, to the known, writ ^eing by me duly sworn, did depose and say that he is the Vice President of TITAN INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seat of the daid Corporation; that the seal affixed folio said instrument 's such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he iUn6d hi: name lher Flo by like order Jill Bumgardnor, Notary Public Certificate 1, the undersigned, the Treasurer of TITAN INDEMNITY COMPANY, a Texas Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked end furthermore that the Resolution of the Board of Directors, set forth In the sold Poviner of Attorney, is now in force. Signed Broil sealed in the City of San Antonio, in the State of Toxao. U,itted tho 30TH day of SEPTEMBER tyt 93 MichaolJ. Bodoyle, Treasurer Tic GPGA 2MM H ii 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 cancers 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 hecome i contractual obligations which the successful bidder shall have a duty to malntaln 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 minimum insurance coverage as indicated hereinater. As soon as practicable after notification of bld award, Contractor shall fie 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 requiryrncnts 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 polices 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: • Each policy shall be issued by a company authorized to oc business in the State of Texas with an A.M. Best Company rating of at !east A • 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 AFFOLOA REY150 Ot/O2/93 li n t Insurance Requirements Page 2 Officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, clair-. administration and defense expenses. • Liability policies shall be endorsed to provide the following; Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. i 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 tb. insrlrer's limit of liability. e All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage, • Should any of the required insurance be provided under a claims-made I 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, i • Should any of the required insurances 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 lirnits or obtain Owners and Contractors Protective Liability Insurance, a Should any required insurance lapse duping the contract term, requests for payments originating after such lapse shall not be processed until the City recoives 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, AN'006BA AE V ISW OV0 193 1{ Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contra,:t 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: t i 1x1 A. Generaf Liability Insurance: General Liability insurance with combined single limits of not less than i.geo.oooshall 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. I l If the Commercial General Liability form {ISO Forn, CG 0001 current edition) is used: f + Coverage A shall include premises, operations, products, and completed operations, independent contr, ors, contractual liability covering this contract and broad form pn. y damage coverages. Coveregn B shall include personal injury. e Coverage C, medical payments, is not required. If ttre Comprehensive General Liability form (ISO Form GI. 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • 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, • Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form property damage liability. AFM- 11A REV[$ED 08102191 i Insurance Requirements Page 4 W Automobile Liability Insurance; Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than -5(lfl,a0n either in a single policy or in a combination of basic and umbrolla or excess policies, The policy will include bodily injury and property damage liability arising olit of the f operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract, i Satisfaction of the above requirement shall be in the form of a policy ' endorsement for: • any auto, or • all owned, hired and non-owned autos. I i I 1 fs3 Workers Compensation Insurance Contramor shali purchase and maintain Worker's Compensation insurance I which, in ;a.ddition to moeting the minimum statutory requir,)ments for issuance of such inst,rance, has Employer's Liability limas of at least 5100,000 for each accident, $ 00,000 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 Clty by the Named Insured. (t Owner's and Contractor's Protective Liability Insurance The Contractor shall abt;ain, pay for and maintain at all times durirg 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 operritlons 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 aggrecate. AFVOM 1A FWVLSCb D9102193 i Insurance Requirements Page 5 I 1 Fire Damage Legal Liability Insurance Coweiage is required if Broad form Generai Liabliity Is not provided or Is unavailable to the contractor or if a contactor leases or rents a portion of a City building, Limits of not less than each accurrenre are required. f I I Professional Liability Insurance Professional liability insurance with limits not less than with respect to negligent acts, errors or omissions in~ cGt onr claim with Professional services is required under this Agreement. 1 I 1 Builders' Risk Insurance Builders' Risk Irsurance, on an All-Risk form for 100° of the completed value shall be providad. Such policy shall inciude as "Named Insured" the City of Denton and all subcontractors as their interests may appear, [ I Additional Insurance f Other insurance may be required on an individual basis for extra s contra^ts and specific service agreements. If such additional insurance is requirou for a specific contract, thut requirement will bu describad in the "Specific Conditions" of the contract specificatlon;, ~l A Mod BA REVISED W02193 h i } CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency: City of Denton Reference: SOUTh VWr ASSURAAN-B GWMW, INC. Project flame: NORTH LAKES PHASE II-BALLPIRLD 9400 N. CENTRAL EXPWY., STR. 1550 Proieot No.: LIGHTING Hid / 1526E DAWA2,-TX T,5231 Phone 221-691-5721 Project LocatioM City of Denton Managing Dept: Name and Address of inaured: DHAN RXBCTRIC. INC., DDA DEAN G1G 6 RDCT.CON Companies Affording Coverage: P. O. Box 327 A arrrgrcxar arrrrrrir. rum rn_ CRDAR HILL, TX 75104 Phone 214-291-7153 B_„_, ANRRISURR INS. CO. C This is to certify that: 11 Policies of insurance listed below have been Issued and ate in force at this time. 2) The City of Denton is fisted as an additional Insured of to all applicable coverage. Comp'sny Expiration Umit r of LialoWly Letter Type of Insurance Policy Number Dote In Thousands (000) Compnhansive Oanerai Uablgty Occurrence S A Occurrence PP1074168 3131194 Bodily Injury 1 Cleinn Made isse 04-Papa Cl•41 Aropeny Damage A 3 C&RTIPIC.:78 HOLIER IS ADDITIONAL NSWED _ i Blood Form to Include: Bodily Injury and Property PrwnieselOperanone Damage Combined t Independent Contractors Products/Completed Operations Personal Injury f Contractual Liability {sae /'7-Page Cl•4) Explosion and CoNaps r Hazard ` Underprowid Haxatd Utuor Usbility Coverage Pita L,)gal Liability late #15-Page CJ-4) Broad Forum Proms Dome gs Professional ErronlOmissions occurrence claims made (set M4-Pe a CI-4) Comprehensive Automobile era." ItBodily Injury/Person wrylPerson f Ownedn.eased Automobiles Bodily Injury/Accidait cAl ! B Non•owrad Automobiles 110265 3/31/94 PropertZDuna4e_-_______-_ Hind Automobiles Bodily injurylProperty Damage CffRTZFY.CAPR HOLDER IS ADDITIONAL INSVR8D Combined $1,000 Workers' Compensation and Employers' Uablilty Statutory Amount A '4C07B3741 3131/94 VER OIF' SUBROGATION IN PAYQR CRRTIPICA HOLORR each accident Ownare' ProtecQw LlabWty ! Other Insuratce Description at OperatlonalLocaderaNaNclas, Each policy shell re.7uire thirty (30) days nonce of cancellation, ncn•renewal, err materiel change in cov4rege. ISee $2, Page C64). Name end address of Certificate Holder. 9/ 0/93 CITY OF DENTON, TEXAS DATE ISUCO PURCHASING AGENT / 901.8 TEXAS STREET DENTON, TEXAS 76271 AUTHORIZED P ESENTATIVE l SEE DEFINITIONSPAGE Cl•4 ATTACHED AAA0078F CI. 5 i r; t SECTION 00300 • PROPOSAL FORM DL'300.1 TIME: 2:00 P.M. 00300.2 DATE: September 2, 1993 00300.3 TO: Purchasing Agent Crty o, Denton 9J1 B. Texas Street ~ Denton, Texas 76201 Gentlemen: 00300 4 STIPULATED SUM The undersigned having examined the Contract Documents ontrtlEd: North Lakes Park, Complex Lighting, Bbl # 1536 City of Dentor , IJ and having '.1shed the sho of the proposed construction, and having Tamil arl2ed himself with the local condhlons affecting the cost of the work, and with all addenda to the Bald documents, hereby proposes to furnish all supcrvislon, labor, materials, equipment, tools, and accessories and to do i all work In accordance with said documents and addenda theteto for the stipulated sum of: Two Fundred Thirty-Nine Thousand Five Hundred Twenty Dollars (S 239, 520.00 } Base bJd Bid for Qualite Sports Lighting w/.-steel poles. Note: Amounts shall be shown In both words and figures, In case of discrepancies, the amount in words shall govern. ADDENDA: This Y4 acknowledge recelpt of the Vlowing addenda which are part of the Bldding Documents: Addendum No._ 1 Addendum No.~ s Addendum No. _ 2 ,lddendurn No. 00300- t l The undersigned bidder hereby declares that he has vis4ed the site of the work arb has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after date of written notice to do so and to substantially complete the work on which he has bid within 100 consecutive calendar days subjact to such extensions o1 time allowed by specifications. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the schedufzd closing time for receiving bids The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to watre any informalilies In the bidding. 810 GU~RAt: Enclosed with this Bid Is a Certified Check for DOLLARS (S or a Bid Bond In the sum of I DOLLARS (S_ 5% GAB ( which it Is agreed shalt be collected and retained 1d, the Owner as liquidated damages in the event II this Bkl Is accepted by the Owner within 60 days after the bids are received and the undersigned falls to execute the Contract and the required Bonds with the said Owner within ten (10) days alter the date said Bid Is accepted; otherwise said check or bond shall be returned to the undersigned upon demand. Dean Electric, Inc, dba _Dean Construction ContractVlirre name).- By "Seal I F'.O.Box 327 X71 }fall St J t Address i Cedar Hill, Texas 75104 City, State, Zip Code i f (214J 291,,-'1153 _ Phone `0 Bidder Is a Corporation 00300- 2 fj DEAN ELECTRIC INC. 701 HALL ST. PC BOX 327 CEDAR HILL, TX 75104 (214) 291-7153 September 2, 1993 City of Denton 901 B Texas Street Denton, Texas 76201 Re: North Lakes Park, Complex Lighting, Bid 01536 Exhibit "A", per plans and specifications j Notes: + Bid 02 - Sherman, concrete poles w/Musco fixtures $2440100.00 I Hid 03 - Musco Sports structure $257,250.00 i i 1 i F h I 1 WWI t, 1 O~OOiOC DaF D ,~3 4 4 z 'd co c~, o 70 e y 0000000 4 0 0DN ~~00041 C60 I 71 i t u n AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CITY-COUNTY DAY NURSERY 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 the Denton City-County Day Nursery, a non- profit corporation (hereinafter referred to as Agency); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the clency 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 funds in its budget for the purpose of paying for contractual services; k f NOW, THEREFORE, the parties hereto mutually agree as follows: 1. BGOPE O! BER'VICES The Agency shall in a satisfactory and proper manner perform I the following Program: f A. Provide low cost day cere to low income families where parent(s) work and/or attending school or actively seeking / employment. B. Provide two nutritional meals, breakfast and lunch, for the children it serves. Agency shall provide the services described in the Work State- ment herein attached as Exhibit A. II. 0@LIGI1T~Qg8 OFD NCY 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 Fifteen Thousand and No/100 ($15,000.00) 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. D. 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. 0. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Community Development Office of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the s:*oecial account to the City of Denton at the end of the Agency's fLscal year. G. It will promptly is a discrepancy ia bill; a311 bills whin submitted unlss there ny errors or discrepanciesein 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 i meet with the Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, or contractors and save arul hold the city harmless from all liability, including costs, expenses and attorneys fees, R for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting In whole or in part - from tbn performance or omission of any act of any employee, agent or representative of the Agency. J. It will submit to the City of Denton copes of year-end audited financial statements. III. 'a`IMS OP P RY0 fr'ffn. The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1993 through September 30, 1994. IV. X&TKO208 P)►YXM I I A. Payment by the city ~ for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter ad6ressed to: City of Denton, 105k West Hickory, Denton, Texas 76201, Attn: Human Services Coordinator: Page 2 i On or after January 1, 1994 $3,750 On or after April 1, 1994 $3,750 On or after July 1, 1994 $3,750 Before September 30, 1994 $3,750 B. It is eypressly understood and agreed that in no event under the terms of this Agreement will the total compensation to be paid hereunder exceed the maximum sum of Fifteen Thousand Dollars ($15,000.00) for all of tho services rendered. C. The City sha13 not be obligated or liable under this Agreement to any party other, than the Agency for payment of any monies or provision of any goods or services. f V. 1VzU&ATIM The Agency agrees to rarticipate in an implementation and maintenance system whereby its selvicea can be continuously monitored. The Agency agrees to make available its financial i records for review by the City at the City's discretion. In addition, the Agency agrees to provide -~,e City the following data and reports or copies thereof: I f E A, All external or internal audits. Agency shall submit a copy of ar an rnza3 independent audit to City within ten (10) days of re- r3, ~Nll external or internal evaluation reports. C- Quarterly performance reports, to be submitted in January, Apr:ll, July and September, co include the following data: Number of children served each montt. 2. Income level of families participating in program. 3. Race and/or ethnicity of children assisted. D. Age,icy shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include income and expenses for the preceding quarter. VI• ~IRECTOR~e ! RxmTg During the term of this Agreement, 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 Page 3 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 QR TEIRXINATION 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 4ny 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 bank- ruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is ren- dered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writ- ing, as to conditions precedent to the resumption of funding arid 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 consti- tute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII- 10?Jd__92P2RTUNITg A. Agency will submit for City approval a written plan for com- pliance with the Equal Em)loyment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the eff-eotive L date of this Agr*Cesment. r B. Agency shall comply with all applicable equal employment op- portunity 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 :or purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. Page 4 i I i I f D. In the event of the Agency's non-compliance with the non-dis- crimination requirements, the Agreement may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. Ix. CO"L7CT q 2NT1" T 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 ser- vices required to be performed under this Agreement. The Agency fur- ther covenants that in the performance of this Agreement, 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 j 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. I 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 Agreement shall (1) participate in any decision relating to the Agreement 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 Agreement or the proceeds thereof. X. IiEP07'4 Agency shall not employ in any paid capacity any person who is a member of the immediate family or any person who is currently em- ployed by Agency, or is a member of Agency's governinq board. The term "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. xx. HoT=ca Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Agency or City, as the rase may be, at the following addresses: Page 5 a e ~r CITY AGENCY City of Denton, Texas Director Attn: City Manager City-County Day Nursery 215 E. McKinney 1603 Paisley Denton, TX 76201 Denton, TX 76201 Either party may change its mailing address by sending notice of i change of address to the other at the above address by certifies: mail., return receipt requested. I IN WITNESS WHEREOF, the parties do hereby affix their ignaturo* and enter into this Agreement as of the _ 7 day of Ali LEf~, 1993. CITY OF DENTON, TEXAS I I LO HARRELL, CI MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LFGAL FORM: DEBRA A. DRAYOV'ITCH, CITY ATTORNEY BY: . 1 .l `i ~zrcrl c, Page 6 htl rc, ..Jt f it DENTON CITY-COUNTY DAY NURSERY r ~ n DIRE R ATTEST: SErRETARY MA00054 E i `E I i AAA00054 f Page 7 1 it tt EXHIBIT A WORK STATEMENT CITY-COUNTY DAY NURSERY ' Denton City County Day Nursery is a non-profit child care facility for low income families. Parents II must be working, going to school, or looking for employment to be eligible. DCCDN Is open Monday through Friday from 6:30 a.m. to 5:30 p.m. The staff consists of 8 teachers, 1 part-time aide, f a co* an assistant director and director. The children are served breakfast, lunch and 2 snacks. 1 Tuition is based on size of family and yearly income. The nursery not only provides a cafe and healthly environment for child care. but a learning program ! for all age groups, The curriculum places emphasis on cognitive, affective, and psychotnotor learning 1 skills, good health habits, and physical development. The nursery staff receives 29 continuing education hours each year in child development and early childhood education, The most important element of our work is the emphasis placed on enhancing the self concept of each ' individual child, as this Is very significant for his/her future success. ':?44r -::p 1; l 0 0 0~ ~ a o a a c o 0 0 o y~ o o °o ` Zg 00"' 0oao { I E 1 i M I 11 i ooGac;~oacaoaooooo ~oq°° { ,ti r o00 a 4 aC P Q 4 0 o0oo00 °0oo~0oao o N a16 aaaaann l k J ~11I i r CONTRACT AGREEMENT STATE OF TEXAS H COUNTY OF pEMON )I THIS AGREEMENT, made and entered into this 5 day of JANUARY A,D.a 19 33, by and between TO CITY OF DENTON - of the County of n N and State of Texas, acting through TDYD wrQUFr.r. thereunto duly authorized so to do, r hereinafter termed 'OWNER,' and 2M Qjj§ °=OU Box 181, CELINA _ f raxa~, 7500, !I of the City of _ CELYN , County of OOLL1N { and State of TEXAS , hereinafter termed 'CONTRACTOR." l WITNESSETHt 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 agctisc with OWNER to commence and complete performance of the work specified belowt 1 BID 0 1433 - BORE ACROSS 1-35 AT STAT. 634 & 30 in the amount of s3(jr750.O0 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreements and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, toola, superintendent, labor, insurance, and oth,:r accessories and services necessary to complete the work specified abovt, 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 attBids)r ached Instructions all for Conditionso the and in Bidders# and the ; erform nce Bidders s Payment (Advertisement accordance with the planar 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 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 employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security :axes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervisior, 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, Lass, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission o: 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 i 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, Irexas. The CONTRACTOR hereby agrees to commence work on or after the date establi8hed 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 Conditiona. The OWM agrees to pay the CG-STRACTOR in current funds the price or prices shown in the. Proposal, which forms a part of this contract, such payAients to be subject to the General and Special Conditions of the Contract. CA-2 31148 VI 'fl1J l ti IN WITNESS WHEREOF, the parties Of trsse presents have exeuuted this agreement in the year and day first &bove written. ATTEST: CITY OF I OWNER (SEAL) ATTEST: DICICHRSON CONSTR[)CTION CONTRACTOR By 44e'z '6L- (SEAL) i ~p OM AS TO FOitMt E~•!Gty Attorney / II r' i CA-3 0114s M i f CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidders 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 Hid suLwission the availability of insurance certificates and endorse- ments as prescribed and provided herein. If c s 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. STAVDARD 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 minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor I , shall file with the Purchasing Department sat .sfactory 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 riot be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any wort: 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 loncer, if so noted: 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 retention, 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. 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. f o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. I 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 l expiration of the contract shall be covered. I u :should any of the required insurance be provided tinder 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 Contrr. tors Protective Liability Insurance. o Should any required insurance lapse during the contract term, requests for payments originating after such la; se 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 INSURANCE REQUTAgNINTS: 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: APTIOM 71 17_.7 A_01 Insurance Requirements Page 3 (x) General Liability Insurance: General Liability insurance witcombined single limits of not less than $ 500,000.00 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. i 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: i 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 Ili ability insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ $500,000.00 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 ok_ied, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) Insurance Requirements Page 4 [r,] Workers Compensation Insurancs 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 noti,. 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 f by the Named Insured. ( } Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all timeE during the presecution 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 I 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 Damaae 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 occurrent.;s are required. ( } Plrofesaional Digbility Insuranae Professional liability insurance with limits not less than _ per claim with respect to negligent acts, errors or omissions in connection with professional sarvices is required under this Agreement. APPROVED 12-13-91 Y Insurance Requirements Page 5 [ ] Builders' Risk lAsuranae Builders' Risk Insurance, on an All-Risk form for 1001 of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Centon and all subcontractors as their interests may appear. ( ] Additional Insurance 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. I OOOED i i I 910 NUMBER 1433 BID PROPOSALS Page y of 23 oapaTr n~ t 01.8 Tuna PurCtwmkV Denton, , Taxes ?I= ITEM DESCRIPTION QUAN. PRICE AMOUNT 1• 80RE ACROSS INTERSTATE HIGHWAY 35 AT STATION 634+30 1 $ $ IM THE PROXIMITY OF EXPOSITION MILLS MALL 1. Alternative 1 300 L.F. @122,50 per L.F. $36,750.Oc 2. Alternative 11 300 L.F. @110,00 per L.F. $33,0OO.Ot E i l i i ~ r l I TOTALS We quote the above f.o.b. delivered to Denton, Taxes. Shipment oan be made in unless otherwise indicated, days from receipt of order. Terms net130 ' In aibmitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonabts period of time conatituea a contract. The completed Sid Proposal must be properly priced, signed and returned, ~o { IS 4 O'ckrn fu J MwN+O Adana r U• r+ 11 G• ~rv Ce1:NA *rc f ~OC1j My am La 714 3 k3 1. eie~aw. _ z v I. t a' Cattlllcate of In-~ SMragce `.HIS CERIINCAIE IS ISSUED AS A hrArren OF R PUL>' OND DOES NOT AMEND. EXr 1FORIAA TION ONLY AND CONFERS NO RI UIITS UPON YOU TH frlD. On ALTER TH E CER I.FIpATE HOLDER_ THIS CERiIF-C ATf IS NOT AN INSUNAI;CE E COVERAGH AFFOPDED l1Y IHE YOLIGiES L'ui ED BELU',Y This is to Certify That LIBERTY ~ DICKERSON CONSTRUCTION COMPANY, INC. ~ MTTT7TgT DICKERSON EQUIPMENT COMPANY MUTUAL Narn and CELINA READY-M1X, INC. adddrdres of 1309 N. LOUISIANA ess of L CELINA, TE Insured. XAS 75009 fe, at the issue date cl !n a certi! cafo, InSUred by [he Company under the policy(real listed bill Yw. The Insa,anca allorded by the listed polioyfies) is subJxt to all their ter m$so, e OxxciMaidn9 and c9ndilidna 9nd ii not ailered by any requuem ant, term or co nddbn of a ly cenb8cl or otner tlocumenl wdh respect to which In ,S Cern to . r-`------ _ ~ Lr]!e may TYPE CERT. EXP. DATE' OF Oconrlnluous POLICY POLICY L7 EXTENDED NUMBER LIMIT OF LIABILITY POLICY TERM ' COVERAGE APFOROED UNDER W,C. EMPLOYER'S ABILITY LAW OF THE FOLLOWING STATES: WORKERS' eodlly m)ury By acnasm BodllY In'u B Ea. Ace, COMPENSATION i ry Y D»oaae Bodin Aol Limit By dceae y GenMW A99re9are Other Ines PredMIN Campfe,~.7 07xet»ns Es, Ferwn $2,000,000 Prods clwcemplNed OpMWbna ABp,epWe `fI u' $2,000,000 } aodrly Irlur~ and Prnpany Darnape Uabohly ❑ CLAMS MADE $1,000,000 per wuma rte O eTno nA e 2/10/93 Pe as W and Advi lop InI YY1-191-4-04705-01 $1,000,000 °ro Oth& k u ' OCCURRENCE ` SPECIA I EEENDORSMNTS QI OWNED a NON•OWNED 9/1/93 '-~Q=-,`0 EACH ACCIDENT- SINGLE LIMIT. B, I. AND P.D. COMbIN£D AS.,.,-191-409705-03 EACH 91 HIRED PERSON EACH ACCfDENT EACH ACCIDENT THAT SUCH INSURANCE IS PRIRARY TO ANY OTHER INSURANCE AVAILAB ECUTOENTIiF ADDITIONALR NSUREDE WITH RESPECT TO CLAIMS COVERED UNDER THE POLICY AND THAT THIS INSURANCE APPLIES 0 0 EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT, SEPARATELY THE INCLUSION OF MORE THAN NE INSURED SHALL NOT OPERATE TO INCREASE THE INSURER'S LIMIT OF LIABILITY. LOCAMWSI OF OPERATIONS A JOB a (tl Applicable) DESCRIPTION OF OPERATIONS: BID #1437 - BORE ACROSS I-35 AT STAT, 634 & 30 'I the dealffdate eapirelbn date is con,n x a aclended term, you will be 106 1144 It cover" Is terminated or ra'dww before the grtiflp!e s'oyYever, you yyl MIDI be notified annually of the continuation of coverage. pirlWn data. H II OF CANCELLATION: THE COMPANY WILL NADD TIONATE INS Do CITY OF D$ N~ ITS OFFIC7~f h THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS _ AOBRT't ffisyOyggg a, `+°eSTy Mntnal MIN NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: DAYS yoluneera C"wP THE CITY OF DENTON CERTIFICATE PURCHASING DEPARTMENT HOLDER 901 TEXAS STREET DENTON, TEXAS 76201 'AUTHORIZED REPRESENTATIVE L -1/15/9~ ej IRVI NG DATE ISSUED OFICE Ihia rr, "IM-1 III-I led by LIBERTY MUTUAL INSURANCE GROUP B1 reaPaCb auto Inauunn 5a q anorOM Try ioow Ceinpanroj _ _ 88 772 R4 n 8 + SaV WP. 2N vuu • r _qcor A Lmy PROOUC" _ 1/15/43 rl ThW CERT1HGAfE to ISSUED AS A MATTER OP BMIOIBRATrO" ONLY AND CONfl" TEXAS WORKERS COMPENSATION INS , 7UND NO RANTS UPON THE CEJTT#rATE MOLDER. TNIB IXRTJFECATT DOER NOT AMEND. Lao coNClsrss 03000 EXTEND OR ALTER THE COVEKAOE AFFORDED BY THE POWOU BELOW. ' AUSTIN, TEXAS 78701 COMPANIES AFFORDING COVERAGE COMPANY A LETTER TEXAS WORKERS COMPENSATION INSURED LETTER Y 8 DICKERSON CONSTRUCTION CO., INC. CEOMPAANY Q J_ P. 0. BOX 458 CELINA, TEXAS 75009 cgA•I•«+ D LE"TEP I COAIPANY ^ . _ " I LETTER t~ COVERAGES TIB8ISTO CERT~ THAT P0L1pd OFOMAAA& Lily= BELOW NAVL~ BEEN 165VED TO THE W8URE0 NAMED ABOVE FOR TILE POLICY PERM11/01CATED. NOTWRHBTAMDBIO ANY REOLRR6 LENT TFAIM OR CONDITION OF ANY CONTRACT 011 OTHER DOCUMENT WITH"PIUMCT TO WHICH TMS CTERTIPICATE MAY K JtlUm OR MAY PERTAM, THE INBUI`Alifi APORDEO BY THE POUVES DESCRIBED HEREIN It SMACT TO ALL T"E TERMS. E%CLUSmod, AND CONDI. TJO" OF sum POLICIES. . Co TYPE! Of INBVRANCE POLICY NUMBER TqC IHICTM Pom Ir"TOY LIABILITY LIMITS RI TNOUBANOS DAR mallow q DATE oIImom BEAERAL LIAR .ITV EOOAY COMFRFNEE44vE fOPAl ~ MEMLSESIOPERATgNS FMFFR» I ~COLLIYSE WLiARD I I ~ owo6 S S E MkLICTSCOMPLEIFO O"RIAN)% i ' , S i BgfJDIOjNI CONTPACr0A5 I I cc6 ,6rIFD is E ' BROAD F01N PROPERTY WAWA PERSOIUL WAE11' PERSONAL INJURY s MFTOMOBILE LIABILITY NA, ANY AVfO RNpT $ ALL OlAm AUTOS /opRw PAM I 4Au ALL OWNED AUTOS CARVRR,LSS +401`In S NwAm P"Op MAO#TM S A0011RIEO AUTOS DA WAAGI UABEJTY rEro LbAIwKO $ EXCE88 LLAmKm H LBrREtu FORM III ADD $ $ OTPO THAN UY611ELLA FORM *00111000101 COMPEEIfATpN jIAIUTORY Sinn IELH X LW 1) AND SF-101214-00 5/10/92 3/5/93 g IpgEAS[.FDtYLwl, EMPLOYERS' LIAJNLItr t06EASE EAp IAVL^TEEI isloo OTHLA OEBCRIPI'ION Of OPWTIOI4 LOCATrCIf"HICLESlW*CL1L ITEMS J BID /1433 BORE ACROSS 1-35 AT STAT 634 b 30 . A rop TH8 CITY OF DENTON OF TN6 ABOVE O65CRMED POLICIES BE CANCULEO BEP ORE THE to TS YHEREOF. THE ISSUING COMPANY WILL ENDEAVOR 10 PURCHASING DEPARTMENT AYS WRITTEN NOTICE TO THE CERTIFICATE "OLDER NAMED TO THE 901 TEXA$ STREET LIME TO MAIL SVCN NOTICE SMALL IMPOSE NOOBUGAT*N OR LIAB'LITT PON AP NY RS AGENTOR AEPMlS TATlYlf. DENTON, TEXAS 76201 "a ENTATTVE JAN 21 'j3 1513^ 214 58FJ 0815 PAGE,002 4 ti OOOO~~GC alp na e000Op DO ~ y'''~60 Q G ` a OD~OO~O~ P o N z a 0000 oooooaacoo°° f # I ~ i i C r i CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this -9 day of FEBRUARY , A.D., 19 93 by and between THE CITY OF DENTON of the County of DENTDN 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 DAVID DUFF:rZLD CO., INC., 1910 VIRGINIA ST., DENTON. TEXAS 76201 I j of the City of DFJMN County of _ DENTON And State of TEXAS Party of the Second Part, hereinafter termed CONTRACTOR, WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the first part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: _DID # 1448 - RE ROOF SERVICE CENTER in the amount of $ 159.480.00, 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, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON all of which are made a part hereof and collectively evidence and constitute the entire contract. f 01 CONTRACT AGREEMENT PACE 2 OF 3 SPECIAL, CONDITIONS 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 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 ocher 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. i Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, oss, 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, Texa~t ~ r , I The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. i 1 F f• a PAGE 3 OF 3 CONTRACT AGREEMENT IN WITNESS WHEREOF, she parties of these presents have executed this agreement in the year and day first above written. ATTEST; _CITY OF DEC fI Par f t First Pa OWNER 'A- By I SEAL) ATT T: DAVID DUFFIELD CO., INC. Party of the Secondd Part, CONTRACTOR ~3yt5~1 A. J'UiNAM BY Title ,1cA (SEAL) E AP RED AS 0 FORM: Attorney v- I h -MP IF NOT USED BY:^- INTERCARGO INSURANCE COMPANY 1450 East American Lane . 20th Floor t ? tinA T Y 'it, r, Schaumburg, Illinois 60 1 73-6090 No Power of Attorney on this fwm shall 708 517-2990 be wJod as to txxids, un0wtakaVs, rocogrvrances or othe wrdl&l otAgatla,s BOND r in the nature lhereot a.e.uted on or after said extwalm rt<ate. 1004844 PRINCIPAL DAVID DUFFIELD COMPANY, INC. CITY OF DENTON DESCRIPTION & LOCATION Of OBLIGATION REROOF SERVICE CENTER BID NO. 1448 - PENAL SUM PnINCIPAL TAX ID. PHOJECT r $158j480.00 LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney way not bf used in rnnjow ion %01 ail, Other f Omar of Allornr,y Thy Power of Ath moy V,i void it altered o, er abed. This Power of Attorney bears the ~law4ped and nt dx Ird seal of INTERCARGO INSURANCE 20MPANY and is printed on vohllr p.rpar wllh black and red ink on a rainbow colored bockground. Only criginal; of this %v&r of Attorney are vahd. No faire snntations or warranties w;Prding this Po,Arer of Altornay may be made by any pereon o(hoi thvt <in oothoozod officci of INTERCARGO INSURANCE COMPANY, and must be in writing. Questions or irxluirien regarding Inks Power of Attowey mull be ,oiklreeHVd to INTERCARGO INSURANCE COMPANY, Altontlon. { ConUact tiaxl Undervrritino E)eparlment. This Power of Attorney hell be governed by thin Ia,.vs of the SiOr, of Illinois. KNG".' ALL MEN BY THESE PRESENTS: That INTERCARGO INSURANCE COMPANY, a corporation organized u,.d existing by virtue of the laws of the State of Illinois does hereby nominate, constitute and appoint; PAUL0F L. LESCH AND DON E. CORNELL AS EMPLOYEES + OF PCI- INSURANCE AGENCY its true and lawful Attorney-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, as follows: i BID BONDS UP TO $300,000.00 PERFORMANCE, PAYME"'T & MAINTENANCE BOND, UP TO $1,400,000.00 LICENSE & PERMIT AND MISCELLANEOUS BONDS UP TO $100,000.00 COURT BONDS UP TO $600,000.00 Such bonds and undertakings, when duly executed by the aforesaid Auomey-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and scaled with its corporate seal. This appointment is made under and by authority of the By-laws of the Company, which are now in full force and effect. STATE OF ILLINOIS ss. COUNTY OF COOK 1, Kenneth J. Kranig, Secretary of the INTERCARCO INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that 1 have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand aW affixed the seal of said Company, al LEWISVILLE ^EXAS 23RD MARCH 93 this day of 19 ~~\qn1 11,nn4 n' rr ` j t `'a aI,p❑,„ . ~✓+C.+~C//J (~Cn''+~cr I, I ~ , riff l SECWA kY rr SEAL- N04fi STAMPED AND NUMBER SEALED G0i 131021 Most BE AFFIXED a RESOLUTIONS OF THE BOARD OF DIRECTORS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company ou the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the ~-,ompany or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifving the attomey named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any .Aarsistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company, FURTHER RESOLVED, That the sign:,ture 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 facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on April 4, 1987: i 'RESOLVED, That the signature of James R. Zuhlke, as President of this Corporation, and the seal of this Corporation may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, nearing such facsimile signature or facsimile seal shall 4 be valid and binding upon the Corporation.' j IN WITNESS WHEREOF, the INTERCARGO INSURANCE COMPANY has caused its corporate seal to he here unto rffxed, and these presents to be signed by its duly authorized officers this _jTtlL_ day of1930, i INTERCARGO INSURANCE COMPANY f ell pa!w' t!C. By _ SEAL xi f Attest: SfJ.'R6TANY STATE OF 11,L]NOIS I LLINOI S COUNTY OF COOK Ph' On this --lit-IL- day of 1990 before me Jam personally came Zu hlke to me known, who, being duly sworn, did depose and say: that he is President of the Corporation described in and which executed the above instrument; that ha knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and wvs affixed thereto by order and authority cf the Board of Directors of said Company; and that he executed the said instrument by like order and authority. n " CFFiCIAL SEAL 44 CHARS?IN£ f>R. EOFILLIN~ Q~ ~ - NOTARY PUbtIC, STATE CF ILLINOIS MY COM 11SSION EIIFIRES 6/6/92 J BOND NO, 1004844 TEXAS STATUTORY PERFORMANCE BOND - PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, That DAVID DUFFIELD COMPANYr INC. (hereinafter called the Principal), as principal, and Intercargo Insurance Company, a corporation organized and existing under the laws of the State of Illinois, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto CITY OF DENTON , (hereinafter called the Obligee), in the amount ofONE HUNDRED FIFTY EIGHT THOUSAND FOUR HER+')RED 1979--D ollars TY AND / 1$ 1 58, 480. 00-- 1 for the payment whereof, the said Principal arid Surety bind biemselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: Whereas, the Principal has entered into a certain contract with the Obligee, dated the9TH day i of FEBRUARY 1993 i(IBID #1448 - REROOF SERVICE CENTER which contract Is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be null and void; otherwise to remain in full force and effect; i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas, as currently amended, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said ` Article to the same extent as if it were copied at length herein. Surety agrees that the bond provides for the repairs and/or replacement of all defects due to faulty material and workmanship that appear within a period of one 11) year from the date of completion and acceptance of the Improvements by the Obligee. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23rd day of MARCH 19 93 l 1. i % PRINCIPAL; DAVID DUFFIELD CWANYr INC. SURETY; Intercargo,Jtj:<}]rance'"Cori4psrfy. I'J ~(,Q l OY:~~ BY:il 4 C 8 tCs'' PAULINE L. LFSC7I''~,/4t19/ °a!:~r~aq=` ScIIL ;f04E t BOND NO. 1004844 TEXAS STATUTORY PAYMENT BOND • PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, That DAVID DUFFIELD COMPANY, INC. , (hereinafter called the Principal), as principal, and Intercargo Insurance Company, a corporation organized and existing under the laws of the State of Illinois, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto CITY OF DENTON , (hereinafter called the Obligee), in the amount of ONE HUNDRED FIFTY FIGHT THOUSANDgFOUR Dollars EIf,Vy AND E i~ 158 r 480.00--) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: Whereas, the Principal has entered into a certain contract with the Obligee, dated the 9TH day of FEBRUARY ,19 93 for BID #1448 - REROOF SERVICE CENTER 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 promptly make payments to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, as currently amended then this obligation shall be null and void, otherwise i to remain in full force and effect; j PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Article to the same extent as if it were copied at length herein, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23x'd day of MARCH 19 93 PRINCIPAL: DAVID DUFFIELD COMPANY, INCSIIRETY: Intercargo Insur Inelrlr'r 11 BY;_~~~ U.~-\~wui3t BY:`/) PAULINE L. inn •Fas ct< LiN01`~ 1rr17111111"0' SEAL #046 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: 1-800-252-3439 1 You may write the Texas Department of Insurance: I~ P. 0. Box 149104 Austin, TX 78714-9104 FAX x'(512) 475-1771 I PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. f ATTACH THIS NOTICE TO YOUR POLICY: I This notice is for information only and does not become a part or j condition of the attached document. S PERFORMANCE BOND i STATE OF TEXAS 4 COUNTY OF DE" IN 3 KNOW ALL hEN BY THESE PRESENT; That. DAVID DIJFFIELD CO.. INC. of the City of DENTON ` jll County of DENTON - A^A~~- and State of_-gpY,; as PRINCIPAL, and , 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 _ as OWNER, in the penal sum of y'° m,.,.,°On FIFTY grctrP PT7A(InAmp Fong wtnmRS?n FTrHTY AND No/1o0---------------- Dollars 15480_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 9- day of FEBRUARY 193 for the construction of BID g 1448 - REROOF SERVICE CENTER Ill-the inn of 158,480.00 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. E NOW, THEREFORE, the condition of this obligation is such, that if the said I! principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and convenanted by the Principal to ba=observed and performed, and according to the true intent and meaning of said Contract and Plans and Specifications hereto annexed, then this obligation snail 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 of 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 changes, 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 changes, extension of time, alternation or addition to the terms of the contract, or to the work to be performed thereunder. ..'.a c oShYjl 5• `i PERFORMANCE BOND PACE 2 OF 2 IN WITNESS WHEREOF, the said principal and Surety have signed and sealed this instrument this day of 1992, Principal Surety By Title Title Address Address (SEAL) (SEAL) The name and address of the Resident Agent of Surety isr I NOTE: Date of Bond must: not be prior to date of Contract, i 1 i Ir i r i PAYMENT BOND STATE. OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENT: That DAVID Dy"IELD Co.. INC. , of the City of DENTON County of DENTON _ and State of TEXAS as PRINCIPAL, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON OWNER in the penal sum of ONE HUNDRED FIFTY EIGHT THOUSAND FOUR HUNDRED EIGHTY AND no/100--------------------- Dollars ($1581480.00 ) 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 9 day of FEBRUARY , 19 91 BID M 1448 - REROOF SERVICE CENTER 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 k 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 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 Lo 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 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 changes, extension of time, alternation or additic.r to the terms of the contract, or to the work to be performed thereunder. X ~g It PAYMENT BOND PACE 2 OF 2 i IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 1992. Principal Surety By Title Title Address Address (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: f 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 availa;-.ility of insurance certificates any' 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 ■ duty to maintain throughout the course of this contract. STANDARD pAQVISIONSr 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 }yid 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 ■ny 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 notedt 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 th, City, the insurer shall reduce or eliminate such deductibles or self-in ed 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. 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. 0 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 douLle 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 t city receives satisfactory evidence of reinstated coverage as required by j 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. USCIFIC ADDITIMA? INSURANC► RZ0!J1 r►aRUma 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; [Xi en al Liabilito Insurance; General Liability insurance with combined single limits of not less than $1,000,000.00 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. I~ If the Commercial General Liability form (ISO Form CC 0001 current edition) is usedr o C completed overage A shall include premises, operations, products, and liability covering this contract d an9 broad rform r property damage it coverages. o Coverage 8 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 CL 0404) is used, It shall include at leasts o Bo,lily injury and Property Damage Liability for prom'-sea, opt.,rations, products and completed operations, independent cr,ntractore and property damage resulting from explosion, collapse rjr underground (XCll) exposures. o Broad form contractual liability (preferably by endorsement) cuvering this contract, personal injury liability and broad form property damage liability. (X1 Autassobile Liability Insursncat comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $500,000.00 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) (XI Workers Conine sation I su macs 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 an an "Additional Insured" but the insurer shall agree to waive all rights of J subrogation against the City, its officials, agents, employees and 1 volunteers for any work performed for the City by the Named Insured. ( ( Owner's and Coutroctor'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 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 f be on an "occurrence" basis, and the policy shall be issued by the same I insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with e _ aggregate. (X1 Eire Vaasa* Leof} 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 lees than $1,000,000.00 each occurrence are required. { ( ) Professional Lialxil ty Insurance Professional liability insurance with limits not leas than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. ( ) Builders' 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. t ( ) Additional Insurance 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. I r rS pROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER NAM of BIDDERt DAVID DUFEIELD CO., I~3C• DATEt 14 .Tanuarv 1993 MS, DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS DRIVE DENTON, TEXAS 76201 Dear Ms. Harpools The undersigned, in compliance with your advertisement for Bids for Reroofing on { I certain aroas of the following building: E THE CITY CENTER 901-B TEXAS STREET i have examined the Drawings and Specifics"" ons, together with the related documents and all conditions surrounding tF. .•ork, and having visited the site■ E of the proposed work, hereby, proposes to s.irnish all work in every detail in es herein incurred t accordance hthe o ices shallhcoveerr aset ll forth prices stated below. Thss pr in performing the work under the Contract Documents, of which the Proposal !a a part. l -s-Cbeok4 (CertiE~ Chark4 (aid Bond) in Attached herewith, please find (Ca~*1es five percent (5%) of the amount of $ G.A.A. the bid. I (or we) acknowledge receipt of the following addendat -rr 't\ (Initial) ADDENDA #1. (Initial) ADDENDA M2: ( ADDENDA /3t .l r ..:Half MTV: NS ~ R~'] NCE vF54vs n MMOENO ABEA MATTER `OF YATION Of T AND FAaoLrm Inq TCIOM 8 NO RRnEXTEND ORALTE q@ COVERAGE Ramey i K ktawwm DOES NOT AMEND, FF ROE BABY THE + 101 B. LomM POLICIES BELOW. SUN 707 DaMOn TX 7620f• COMPANIES AFFORDING COVERAGE OWE . dlH-C°°f LcEoTwTomy A pfM..._ AaFati(:a #lauranu COMPANY Natla® County Mutual DovW DuffI Co III aMPAAn 1520 Chtxthtll LOET104 C Aaaoelatad tntl k+ulnra „ D DI TX 7E201• COMPANY ~rtol s, o*am Co" Faollky E IFTTFJR (HIS IS TO URTIFY THAT THE POLICIES of INSUFLWOE LISTEDBELOW HAVE BEEN x POLICY Y PE IHDICATLD, NOTWRTHSTANOING ANY FIEOUIREMENT, TEFSA OR CONDI17ON OF ANY CONTRACT 70 THE IN OTHER DO NAMED ABOVE FOR THE WHIC FDpp~~. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOf~ED BY THE POLICIES DESCRtBEDHEEREINis SUBJECT o ALL LL THE rT RMS1$ EXCLUSION . _AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY NA BY PAID CLNMS. TR: rm w hap A m F'Ol1CY NJ1HlR roucv t7I FoGcr fXPMtpN...., DATI 01IM04" OAW(MAOD,Nn ...lane,,. .001004 X CommufcU1 Goom tIA we Op(16lB2 OW1Rp1 GFil9IAL AOCAEOATE t allom..". ocas. x ftfx" 16 cwmACton PI ^ KAInv J otwpp0 1 V me )AwWE fAny B ` EHAU0MeAF LYrv CBA002 WiB W1BS ' t 50000..., (Any ory A+~~ml 1 Copp. ANY AUTO ..OAHNEO X ; ALL CW►~o Auroe LAIR 9eIDLE t 1000000 3CHE0JlE0 AVTOe SmLY EAAIR'I cp, X ' III AUTOt p".. . ~t z Na+oxaEO Auros ° fow.v HAIRY Amino PROPM t DAMAGE C ExoEte IJAeLIfV . SYQ19047 Op110/92 Oi1E0 EACH X FAHRELLA row OCCVRFEyfCE °°t ~'ppppOp " . ' AOQ*U Qr1 I THAN RASHRE" FORM TE t _ ~DOOODG IW' a OOIaRBISATgN i DRY D; AM TWC1070t60.00 Oi116/Y! Ofkf6fB1 EA~M CeTAj;IIW. LalRt ~ II fA1Pl0'rFllrllAlLlTY DDWAS PI _.tipBppp._.. EA JTlbt _ " OtlEA4E . CH 8WILom a 600000 DESCRIPTOR OF 0ftMT0QADCA7M&%w4lCllyaKCMI mm PmiW: ROME SOVIN ConEfr Attn. Dmfea Hupool ;CA`! Nd OAN CldUA7tGN THE SHOULD ANY OF A80VE DESCRIBED POLICIES FIE 'u"'~'i Fair' `acZ, , a~ tty Of , Denton CANCELLED BEFORE THE fT11mh"bp Qapt EXPIMTION DATE THEREOF, THE ISSUING COMPANY WILL ENDCAVOR TO 21015 AIOKI" MAIL 30 DAYS WMITEN NOTICE TO THE CER1IFICATE HOLDER NAMED TO THE TX 71201- LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUflATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REFWUNTAAVEB, :?`~'AUTgl10.7 AEPRfSENTATAt 'w.ACORO ~'PbA~I'pOM f8Y0 iE PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER NOTICE TO SIDDER$ Sealed proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, Texas 76201 will be received at the office of the Purchasing Agent until 2:00 P.M. on Thursday, January 14, 1993, for keroofing at the City of Denton Service Center, 901-S Texas Street, Denton, Texas 76201. c Thare will be a oandatorv pre-bid conference on Wedneuday, January 6, 1993, at 10:00 A.U. in the Purchasing Department Conference Room located at 901-B Texas Street, Denton, Texas. Bid Specifications will be distributed to qualified prospective bidders at that time. The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be I~ officially reviewed and awarded by the City Council as soon thereafter as possible. All bld proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within 60 days from and after the date of the bid opening. ` No officer or employee of the City of Denton shall have a financial interest, r iE direct or indirect, in any contract with the City of Denton. f Minority and small business vendors or Contractors are encouraged to bid on any and all City of Denton, Texas projects. CITY OF DENTON, TEXAS I I .,I Tom D. Shaw, C.P.M. Purchasing Agent i i r PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER CONTRACT DOCUMENTSs Having examined the Proposal, General Instructions, Materialc, B)COCUtion, Drawings, Contract and Conditions for Reroofing work, and having examined, the premises and circumstances affecting the work, the undersigned offer: OFFERI 1. To furnish all l bonds, all appli able t axes, labor, and tools, facilities,tandato peerform all work for the said Reroofing for the following areas BASE HID - CITY OF DENTON SERVICE CENTER, 901-.8 TEXAS STREET, DENTON, TEXAS ONE HUNDRED FIFTY EIGHT THOUSAND FOUR HU74DRED EIGHTY AND NO1100 DOLLARS $ 158 480.00 UNIT PRICE PROPOSALS 1. Remove and replace damaged metal docking. 12.00 gs per square foot. 2. Remove and replace deteriorated nailerss 2.75 per linear foot. € 3. Install four inch (4^) roof drains $ 120.00 each. 4• Install four inch (4^) cast iron drain line complete with all connections, elbows, etc.i $ 12.00 per linear foot. 5. Additional cost over and above the contract amount for weekend or overtime requested by the owners $_9.00 additional cost per man per hour. QUALIFICATIONSi 2, Contractor shall fill in below material manufacturer's company name of materials being bid on. t Coal-Tar Elastomeric Membrane (CTEM)i HYLOAD INC. Base SheetsY,,, CS ROOFIN PROD Ca Insulations INTERNATIONAL PERMALITE Felt: GS ROOFING PRODUCTS Bitumens TRUMBELL I S PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER Upon receipt of notice of acceptance of this bid, within sixty (60) 'sys of the date of this proposal, I (or we) agree to execute the formal contract within ten (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 HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND. The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limitu set forth below subject to additional days that may be added due to inclement weather and/or other justified and retwonable extensions or time as may be approved by the owner. Contractors that are awarded contracts shall be prcoared to immediately sit down with the City of Denton Manufacturer Representative "nd present a plan that will illustrate how progression of work is to take place to insure completion of all i work within specified time limits. The time limits are as followsc If a Contractor in awarded the project, project must be completed within twenty f45) calendar days or Contractor will be subject to liquidated damages an set forth below. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON SUPERINTENDENT OF i FACILITIES MANAGEMENT'S OFFICE, i The undersigned agrees that the owner may retain the sum of THREE HUNDRED DOLLARS i ($300.00) from the amount to be paid to the undersigned for each calendar day II+ that the work contemplated remains incomplete beyond the time not 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, and in not to be construed in any sense as a penalty. Payment will be made to the Contractor within thirty (30) days after roceir% of written acceptance of project completion from the Owner's Representative, Contractor's invoice, and all written warranties .from both Contractor and Manufacturer. ,r PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER I (or we) agree to promptly furnish a correct and current financial 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. SEAL (If by corporation) RESPECTFULLY SUBMITTED BY P S~DENT DAVID DUFFIELD CO., INC. ADDRW 1 1910 VIRGINIA ST.~ DENTON, TEXAS 76201 i Indicate ifi ( J Partnership 1(X) Corporation [ ) Sole Owner If a partnership, list names and addresses of partnerst if a corporation, indicate state In which corporation was organized and is existing: TEXAS - Principal Stockholders: (Name and Address) DAVID DUFFIELD, 1520 CHURCHILL DENTON, TEXAS i 1 I SALES TAX Materials ghich 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 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 males tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the Contractor for salsa tax. A. Total Labor . . . . . . . . . . . . . . . . . . . $ 22,000.00 B. Total Material■ . . . . . . . . . . . . . . . . $ 136,480.00 I i i i i 1 r. 1Q A JOINT PAYMENT ADDEN0LJM TO CONTRACT AGREEMENT DRIED FEBRUARY 9, 1993 BETWEEN DAVID DUFf'[ELD COMF'raNY, INC. AS CONTRACTOR AND tHf. CITY ti' DEN-i;lN FOR CITY OF 001 ON SERk'GE CENTER PROJECT This Joint Payment Addendum is made a part of the above referenced Contract Agreement and controls over any inconsistent provision of such contract agreement. 1. Contractor has provided to Owner concurrently with the execution of this Addendum the name of the Subcontractor, C.D. III McKamie Company who has c.untracted to furnish labor and material f in connection with the project covered by the Contract Agreement. i 2. Contractor shall, as a condition of payment under the contract f`F agreement, submit a monthly payment request on or before the 1st day of the month for payment to hr, made on or arouml the 10th day of the same month, i'rhich >h:a•i include specification of work r performed and materials uSfslI and the amount due said Subcontractor. 3, owner shall make checks for payments under this contract t Jointly payable to Contractcr and Subcontractor in the amounts determined from the monthly request for payment. 4. Owner shall not have any duty or obligation to any person, including Payees, under this Addendum, and no person shall have { t rights as a third party beneficiary of this Addendum, the sole purpose hereof being to establish a payment arrangement for the protection of the Contract and to induce Owner to enter into the Construction Agreement with T.r ctor. I XFTON CITY ( wn r 9 Ti DAVID DUFFIELD COMPANY. INC.(Cont actor) By: • T i t I e _?SZ*t s~`~ r C.D. MCKAMIE COMPANY (Suhrontrac+!r) Tit 1 e . _ ~h r; i ASSIGNMENT OF WARRAN'T'Y ADDENDUM TO CONTItACT AGREEMI)? 17' DATED FEBRUARY 9, 1993 BETWEEN DAVIT) DUFFIELI] COMPANY, INC. AS CONTRACTOP ARID THE CIT% OF DI;NTON FOR CITY OE' DENTON SFWVICF CENTER PROJECT i This As;;iynment of Warranty Addendum is made a part of the above i referenced Contract Agreement and controls over any inconsistent provision of such Contract Agreement. 1.' All guaranties and warranties required under the terms and conditions of this contract are the responsibility of C.D. McKamie Company. CI:TY OE' D 'ON (Owne By T i , DAVID DUFPIE;hD COMPANY, INC. (Contractor) Title; President J C.D. MCKAMIE COMPANY (Subcontractor) By: Title: f f t',ifrN' 1 0 O~OGGG~QQC~Df coo 4 I E h f 1 Ej a 'S I CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 7 day of April A.D., 19 93 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through _ ra.DYD v. HARRRLL thereunto duly authorized so to do, hereinafter termed "OWNER." and 111~~~ F' 111111111"' .i _3 4L~gX 1738 ROANOKE TX 76262 1 1 I _ C of the City of __80ANoxE , County of and State of hereinafter II termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments a 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 the terms of the agreement described as follows: BID i 1346 - STREET lIAINTENANCE RQpIp}[ENT RgNTU (12 MONTH EXTENSION AS _ PER BID) 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 machinery, equipment, tools, maintenance, 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 Lo Bidders, and the Performance and Payment Bonds, all attached hereto CA - 1 AAAW4% I 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, fir the purposes of income tax, withholding, social security taxes, vacation or sick leave benefitso 's compensation, or any other City employee benefit. City shallenot have supervision and control of Contractor or any employee of f 1t Contractor, and it is expressly understood that Contractor shall parform 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. Indemniff~a*inn 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 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, deF4nd and protect Itte City of Denton against any and all such claims and demands. J ~hstlce of I aw an~1 Venu ! This agreement shall be overned b the law of the of Texas and venue for its construction and enforcement shalltlie in j the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work or the date established for the start of work as set forth in the general condiiAons and complete all work within the time stated in the Proposal, subject to such extensions of time as ars 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. E CA - 2 AAA004" r 7 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A EST: CITY OFD 'ON OWNER 7L~ (SEAL) i ATTEST: DDSTROL INC. CONTRACTOR Title D. T. Dankert. President SEAL) k APP$Oi'LrD'-TQ FORM: City Attorney r c i CA - 3 AAAOD496 , j PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTnN Bond No. P2505905 - S KNOW ALL MEN BY THESE PRESENTS: That DUSTROL TNc. of the city of ROANOKE County of DE ,N and State of TExns as PRINCIPAL, and PLANES INSURANCE COMPANY , as SURETY, authorized under the la_ ws of 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 Dollars ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, ii jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain II contract with the OWNER, dated the 7 day of r2jL_ written 19 93 for the MONTH 6XTYNSION AS PER BID) - r l j which contract is hereby referred to and made a hereof as fully and to the same extent as if copied at length part 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 t "e Principal to be observed and performed, and according to the tr a 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 72nd Legislature, Regular Session, 1991, 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 AAA00496 i G PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in DEMON 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 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of k 19 93 - r I DUSTROL, INC, PLANET INSURANCE COMPANY Principal Surety vid 4WIker Title D, T. Dankert, President Title_ Attornev-in-Fact ~ f 'PA Address: ~lrx 3Q1 Address: P. 0. Box 2697 Wichita Kaneas 67201 By, / sid t Agent i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Jerry P. Pose, Willis Corroon Cor )ration of Texas, 5420 LBJ Freeway Suite 1400, Dallas, Texas 75240 NOTE: Date of Bond must not be prior to date of Contract. PS - 2 AAA00196 s I PLANET IPJ ORANGE COMPANY HEAD OFFICE, SUN PRAIRIE, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the PLANET INSURANCE COMPANY, a corporation duly organised under the laws of the State of Wisconsin, does hereby make, constitute end appoint James. W, Bily, David W. Jelker, Linda A. Farrier, Robert H, Curry, Mark R. DeVditt and Wilma A. Flattery, individually, of Wichita, Kansas Its true and lawful Attorney-in-Fact to make. execute, seat and deliver lot and on its behalf, and as its act and Jeed any and all bonds and undertakings of. Suretyship, _ and to blvd the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in ft nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and ettested by one other M rich officers, and hereby relies end confirms so Mat lfa said Attorney(s)-in-Fact may do In pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of he Dy-Laws of PLANET INSURANCE COMPANY witch became - efrecUve September 21, 19®1, which provisions are now In full }once and effect reading as hoNows: 4{ ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS { 1. The Board of Directors, the President the Chairman of the Board, any Senior Vice President any Vice President or Assistant Vice President or other offlosr designated by the Board of DNeetors shall have power and authority to (a) appoint Attorneys-In-Fact and to authorize them to execute on behalf of ire Compeny, bonds and undertakings, rscognisancea, contracts of indemnlty and other writings obligatory In the nature seneoi, and (b) b renew any such Atformy-in-Fad at any drM and revoke the power and sutttority given to him. 2. Aborreys-in-Fact shall hRW pnwer and suthority, subject to the terms and Iltnltations of the power of attorney Issued to then P, to executu Lind deliver on behalf of ft Corrtf:uty, bonds end undertakings, recognizartcos. Contracts of Indemnity and other writings obligatory in the nature thereof. The oorpore0s seal Is not necessary to, the vaN^ of any bonds and undertakings, rscognlsanclm contracts of indemnity and otter writings obligatory j In the nature tMred. 5. AUont rys-In-Feel a l have power and au~ty to execute oflldevfa roquirad to be attached to bonds, recognizancei, contracts of Indemnity or oill eondlWanel or obligatory underfaldngs end they shall atoo have power and authority to Csrsfy, the financial statement of the Company. and to cl" of de By-Laws of Ys, Company or any article or season thereof. This power of attorney Is signed and sealed try lecsimike under and by authority of Me following Resolution adopted by the Board of Directors of PLANET IHSUfUAWCE COMPANY al a meeting hold on Ste 29th day of March, 1992, at which a quorum was present and Bald Resolutlon has not been amarxted or repeated. "Reaolvad, Met the signatures of such directors and officers and the seal of the Company may be at fixed to any such power of attorney i~ of any conifimte meting tharete by facsimile, and any rich power d attorney or certificate bearing such isosimlle slgnstures or facalmdo sad shall be valid ale bridling upon the Company and any such power so executed and car~ by 14"m" signatures and facsimile seal stall be add and binding upon the Company in Me future with respect to any bard or un^eraking t, which it is attached." l IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has mused these presents to be signed by its Vice President, and its uorporste "Al to be r4 mo Affixed, this 19th day of November 1892 ,N - PLANET INSURANCE COMPANY r Vice President STATE OF Pennsylvania COUNTY OF Philadelphia 01 111111101 19th day of Novemb--• .1992 , personally appeared Vincent G. Fasano to me known to be the Vice-President or the PLANET INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing Ifebunisni and affixed the meat of said corporation eereto, and trial Article VII, Section 1, 2, and 5 of the By-laws of said Company, and Me Resolution, sat forth stereln, are sea In full force. My Commission Expires. ~.5,,. •nr-a:-lw.c-1•+r..'J NOTARIAL SEAL FINELEN LOTS SHIEL09. Noury f ublic Notary Public ten and for the Slate of pC;,ylVdilla clt/ of PI11adolphia. PMa, County nAv n,mmis-pon Ead~ras acme b: Residing el Philadelphia Anita Zippert WMINAWSircretary of the PLANET INSURANCE. COMPANY. no hereby canny that thr above and foregong Is a true and correct copy of If 106Mw,d Attorney executed by said PLANET INSURANCE. COMPANY which to sell In full forto and IN WITNESS WHEREOF, I hew hereunto list mrilt - xoq the seal of sold Company this 11th d bb May ~ ill 93 Yf" , J/ N -\v r.:; \W`..?A)f7fi6iffiSecretery / SOP-143i 1l92 ;Y f CITY OF DENTON INSURANCE REQUIRE MTS FOR CONTRACTOT.S Bidder's attention is directed to the insurance requirements below. It is highly recom,lended 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. i ` STANDARD PROVIIIIONSi 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 a been submitted with the bid. Contractor sham 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: 0 Each policy shall be issued by a company aut) sized to do business in the State of Texas with an A.M. nest Company rating of at least n.. e Any deductibles or self-insured retentions shall be declaved in the bid proposal. If requested by the City, the insurer shall red,:ce or eliminate such deductibles or self-insured retentions with respect to the City, its Revived 02/05/93 v Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • L,i3bility policies shall be endorsed to provide the following: s Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. o 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 E 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. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • 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. I • 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. • 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. f Revised 02/05/93 S~ l Y 1 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INOMUNCE REQUIR LB.J_ 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 thesa additional specifications throughout the duration of the contract, or longer, if so noted: (x) A. General Liability Insnranaet General Liability insurance with combined single limits of not less than $1,000,000.00 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: • Coverage A shall include premiss, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • 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: • 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. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. (xl A~ tomobile Liability Insuranoec Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ 51,000,000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. R*vi••d 02/05/93 01 Insurance Requirements Page 4 The policy will include bodily injury and property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001 Current Edition) [xJ Rorkers cost ensation 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 I occupational disease. The City need not be named as an { "Additional Insured" but the insurer shall agree to waive all rights of subrogatio.~against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] Qyper's and Contraotor's Protective Liability Tnsur aes The Contractor shall obtain pay for and maintain at all times i 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 Laci'~ T.i.r.~~ tty 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. Revised 02/05/93 ,y Insurance Requirements Page 5 [ ] profession, "i bl uty Professional liability insurance with limits not less than er aim with resect errors or omissions nl connection with profession2e service, is required under this Agreement. [ l eni1Qlrs~ Risk i*•++~..+... Builder,sf 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. I f [l Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If f such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications, I AFF0003D Revived 02/05/93 i4 ~,MSRCHASINa DEPARTMENT BID INVITATION RECEIVED MAR ► t iyy~ City of Denton 901-8 Texas St. CITY OF DERM TEW Denton, Taxes 76201 Date MARCH 9, 1992 BID NUMBER 1346 BID TITLE S71= PENANCE LQUIPM61TP RENT1 DUSTROL 1KC P.O. SO, 1738 Sealed bid proposals will be received until 2:00 p,m. gpAIOIr TZ 76262 _ MARCH 26, 1992 at the office of the Purchasing Agent, 901•B Texas St., Denton, Texas 76201 For additional Inlormation contact PURCHABINQ DEPARTMENT 901 8 Texas Street Denton, Texas 76201 DFW Metm 817.383.71 DO 817.267.0042 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received In duplicate, on this form, prior to opening date and lime to be considered. Late proposals will be returned urwpatted, 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of compl6tely f sealed envelope, and mailed nr delivered to the Purchasing Department, City of Denton, 901 •8 Texas St., Denton. TX If 76201 a Any submfltet' article dwiating from the specifications must be identified and hove full descriptive data accompanying same, or it will not be considered. 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, i In Cass of "suit after bld acceptance, the city of Denton, Texas may At its option hold the accepted bidder or contractor Ilabte for any and 0 resultant Incraisi costs As a penalty for such default, The CIly of Denton reservm the right to reject any and eu bids, to waive all InformallWs and regvire that submitted blrfs remain In form for a sixty (80) day period after opening or until award Is made; whichever cornea first. 8 The yt.auiuios .L~,vd maybe approximate and could vary according w t"c rtquircments of the Cit; of Denton throughout the contract period. 9, The ltsms are to be priced each net (Packaging or shipping quantities will be considared.) 10, The Purchasing Department Assumes rosponslblkly for tho Correctness AMC 0100ty of this bid, and all Information and/or qumtlOna pertaining to this bid shall be dfrectsd to the City of Denton Purchasin i Agent. it, Any attempt to negotiate or give information on the confento of this bid with the City of Denton or its epresentative . Prior to award Shall be pounds for dlsqualificatlons, 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton Is exempt from all eater, and excise taxes. (Article 20-04.8) t~ "U- HUIIILER 1346 BID PROPOSALS PAGE 2 Or 6 pry of Dinroa, Term 901.E Tern 8{. Pmdedra D@PWU M Dmalw Term 76201 ITEM DESCRIPTION QUAN. PRICE AMOUNT DAILY RENTAL RATE (Based upon 8 hour work day) 1. Heater - trunk mounted, radiant heat, propane fired, Per day /00 12' x 24' insulated oven la. Mobilization charge to include delivery, and pickup as Each well as loading and unloading as required. 2. Heater scarifier - trunk mount, radiant heat, propane Par day fired, 12' x 24' insulated oven, carbon tipped teeth 2a. Mobilization charge to include delivery, and pickup as Each I well as loading and unloading as required. 3. Distribution Mixing Recycler - meter liquid, (2) Per day Soto carbide tooti; mixing drums, reversible augers, vibetory served. 3a. Mobilization charge to include delivery, and pickup an Each 3D0 well as loading and unloading as required. 4. Laydown Machine barber green SA150 or Equal Per day 4CODO nd.:IttakaN jy~~ emk S. Al Pneumatic Rollef - Clams B roller w/water Per day 3I f i i 5a. Mobilization charge to include delivery, and pickup as Each 200e well as loading and unloading as required, 6. Tandem Steel Roller - 10-12 ton w/water Per day U0- 6a. Mobilization charge to include delivery, and pickup as Each 2dbl' well as loading and unloading as required. 7. Milling Machine - Track type Caterpillar PR1000 or Per day 45wd equal. 7a. Mobilization charge to include delivery, and pickup an Each 560 well as loading and unloading as required. a. Milling Machine - track type Caterpillar 450 or equal. Per day 3 250 $a. Mobilization charge to include delivery, and pickup as each 3dpt' well as loading and unloading as required. 9. Mini-Mill - Caterpillar PR75 or equal with 18" drum Per day g~br ! 9a. Mobilization charge to include delivery, and pickup as Each /dof ! well an loading and unloading as required. f 10. Liquid Tanker - 6,000 gallon capacity minimum Per day 10a. Mobilization charge to include delivery, and pickup as Each well as loading and unloading as required. 11. Pickup Broom - Mobile TL3 or equal Per day Ila. Mobilization charge to include delivery, and pickup as Bach well am loading and unloading an required. Q 12. Kickout Broom - re1F propelled Per daty 12a. Mobilization charge to include delivery, and pickup as Each well as loading and unloading as required. 13. Water Truck - 1,000 gallon capacity w/pump Per day capabilities ~AAWW r aYD 'Ndh= 1346 BID PROPOSALS FA06 3 OF 5 Gty e( Dacha„ Teen "14 Tmsa SL lare~eie~ DepwUnd Demos, Tessa 7001 _ D1C8CRIPTIOI( Qt1a1i PlaCE AMDW(R WMNEW~ 13a. Mobilization charge to include delivery, and pickup as Bach 5b,~ well an loading and unloading as required. 14. Crack Seal Machine - z2 Pour 1,000 or equal Per day 14a. Mobilization charge to include delivery, and pickup as Each 54 well as loading and unloading as required. 15. Beater Patcher - X Q H Heater Fetcher or equal Per day SdL+ 15a. Mobilization charge to include delivery, and pickup as Each well as loading and unloading as required. 16. Air Compressor - Ingereol Rand 185 C!M or aquel Per day r5Od 16a. Mobilisation charge to include delivery, and pickup as Bach well as loading and unloading as required. BDTEt 1) Thtr intent of this bid is to establish a firm commitment for price and availability of equipment deemed necesmary for the maintenance and ropair of City streets under the general direction of the City of Denton Street Department. 2) Preference will be given to vendors bidding the complete i of 3) All prices must include qualified each piece of equipment operator with 4) Prices must be for one (2) year from date of award. 5) The City of Denton reurves the right to extend this contract for one additional 12 month period with no changes in price terms or conditions per i mutual written agreement. 6) Vendor agrees to extend prices, terms and j conditions of this co ract to other cities in the Denton area. Yes No i We gum dw above f 4A. ddtvwW to Bastes, Teas. D*,osnt eaa be made in days from no* of ardor. Team aaW u6 m odwwin iadbaW. to obs imW for above bid, tba veador orm dw aaoepume of asy or W bid from by the City of Demon Tease a UWU a mown" paled of tier ocosfuwe. a comaet. Tbr WapbW aW PaopoeU moat be pmpedy pri*W, WSud and mumW. lbmf 1*39 is~Yo .1►i &WDL Tx.. ~fo262 swar City Stir 96" (W) 436-395$ - I~K (51+) 491 2,354- L7~I~tX~i{ Y T.iep►e.vfe~ TRW AAAOO06 L s If+W DATE (WA/DD/YY) ERTIFICATE Ct #1 [S AA C : 5 ! 25 / 9 3 6q}osA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND W I Ll i S CQRRWN CORP OF KS CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE p, 0, Box 2697 POLICIES BELOW, W I c h i t e, KS 67201-2697 COMPANIES AFFORDING COVERAGE 315-264-6311 LETTER ANY A ST. PAUL FIRE 8; MARINE COMPANY LETTER B Dustral, Inca COMPANY C LETTER P. 0, Box 309 - - Towanda COMPANY LETTER KS 6'j,-44-0309 c0WANY LETTER E dmh THIS IS TO CERTFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD tNDICATED,NOT WITHSTANDING 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY. PAID CLAIMS.__ TYM Df WaU11ANC+ fOL OY NUMSaN fOLIDY oMOTIY+ ►OLMY+%RMATNiM -_-UMITS L DAYI(MM/DO/YY} DATS(MM/00/YYI OsINRAL LIASLITY GENERAL AGGREGATE f 2,000,000 5!01/93 6101194 vRD,,LIS-11M9IO1 AGG. t' 2,000,000 A tI, ERCIAL GENERAL LIABILITY KKOB000213 1 ,000 CUIMS MADE a OCCUR. PERSONAL & AOV_INJURY f - , 000 0 000 EACH OCCURRENCE b CONTHACTOfI'S PRDT. flRf DAMAGE fAnr on. IN.I-}13 -__60,000_ WO. E%PENSE IAn ong n,ol1 3_ 5 , 000 COMBINED SI"LE AYTOMOSA1 UAeLYTM ' f ` I _ KKtl8000273(OTHER THA 6/91193 51U1l94 LIMI T 1 000 . ,000 _ I A X ANY AUTO BODILY INJURY ALL OWNED AUTOS lPw pa+wnl SCHEDULED AUTOS 691NJ3321-01 iTEXAS 6101/93~ 5101194 X I BODILY INJURY HIRED AUTOS ttddanl) X MON•OWNED AUTOS _ GARAGE LIABILITY PROPERTY DAMAGE ;S i EACH OCCUARENQ I$ AGGREGA REGATE nUFWAAELLrAF:DMR;M - -74! RELLA FORM _ X STAIUEDRY its s 100 ,000 W ORK+INaoONNAnSATION WVAB000480 6101193 6101 /94 EACH ACCIDENT—— AND i OISEASE•PGUCY LIMIT E 600,000 BRRLOYSRt'LIAL ITY OI SEASE-EACH EMPLOYEE rf 100 X000 f OTHIM odsopEfTION Of OMRATIONNWOATIONsm"IN JSWIOIAL naNf+ Cart, Holder Is Add'I, Ined, on Gen, Lleb, BI Business A'dto. (Primary Endt, applies to Gen. Lleb. only) Waiver of Subrogetion Opplias to Work, Comp, at re ards Bid 111345 Street Maint. Equip. Rental Reviled Certificate t~tt11~#'ttf l~Nr,pRN CMIG61~t.ATli51t ! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRITTENNOT;CETO THECERTIFICATEHOLDERNAMEOTO THE City of Denton, Taxes LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Purchasing Agent LIABILITY OF ANY KIND UPON THE COMrIANY, ITS AGENTS OR REPRESENTATIVES. 901-8 Texas Street Ds AuYHC~R'~~° Ron»sNrATrvs 030684000 Denton, TX 76201 4 t ` ACOW Ct3OMTOON 1400 AC S tOG IHYCM 1i o~~pG oOtiCQOQpQ~OO a °°~ooaaaaaaoo°°°° I E F t 1 l i f i ~i S Al rf, .j CITY& DENTON MUNICIPAL UTILITIES/ 901•ATexas Street/ Denton,TX76201 January 6, 1993 pjjorti,Shiftlett/EMCON Attn: Rex Hunt, P.E. 5450 E. Loop 820 South P.O. Box 15822 Ft. Furth, TX 76119 RE: Letter Agreement for Engineering Services for Development of a Preliminary Master Plan for Municipal Solid waste with Respect to Selection of a Consulting Engineer for Probable Continued Engineering Services. i The City of Denton has reduced the number of firms being considered for a consulting assignment to two. These firms will be further evaluated based upon their presentation of a Preliminary Master Plan. Baker Shiftlett/EMCON, (Engineer) is hereby retained to prepare a Preliminary Master Plan in accordance with the terms of this letter. Engineer agrees to perform the i services described herein in a manner consistent with the professional standards of architects in the State of Texas. k The Engineer shall prepare a report on a Preliminary Master Plan for City of Denton Municipal Solid Waste, The report shall address regulatory, social, environmental, and demand re(airements and shall consist primarily of charts, graphs, tables, drawings, ecc. Introductions, background discussions and detailed explanations are not anticipated. Text ohould only be included as n ided to provide clarity. The report shall include: An evaluati- of alternative waste stream reduction options indicating the method addresses regulatory requirements, economic benefit, regulatory preferences, social concerns, etc. At a minimum the table should ind'.cate all options in the report prepared by the Denton Area Solid Waste Technical Committee. A Gantt chart indicating the life of the existing landfill, the time period for the design and permitting the landfill expansion (assume a start date of July 1, 1993), and the schedule for design, construction, and starring of each waste reduction method recommended for Denton. i Page 2 A graph indicating the projected waste stream volume through the year 2030 and the impact of diverting waste with the implenentation of each recommended method. A site plan indicating the amount of land needed, configuration, site concerns and ultimate site layout. Indicating the location of any proposed facilities for alternate disposal facilities. A brief description of each alternative method including description, size, capital cost, operating cost, rate impact, pros, cons, indicating if the method is appropriate for Denton or what waste stream volume is necessary for a cost effective operation. Other presentation data as needed to adequately present the Engineer's plan and to reflect their capabilities. Denton is a municipal electric utility provider. The electric utility could benefit from a waste to energy facility and may justify in participating up to fifty percent (Sot) of the capital cost. The Engineer should visit with representatives of the electric utility when evaluating waste to energy alternative. i The Engineer shall provide ten copies of the report on or before April 12, 1993. The Engineer shall present their report to the Public Utilities Board at their regularly scheduled meeting on Monday, April 19, 1993, unless 4 notified otherwise. 4 INFORXATION V DS CITY Denton will provide the Engineer with: One copy of Section 5 of the 1993 Municipal Utilities Forecast, Solid Waste Utility. One copy of the report by the Denton Area Solid Waste Technical Committee. Copies of existing drawing, plans, etc., as requested by the Engineer. CO INSl1T M: Compensation will be based upon actual salary times a multiplier of 2.25 with a fee not to exceed Nine thousand five hundred dollars and no cents ($9,500.00). Actual salary is the base salary paid to employees for the time actually spenL working on the project, at the rates shown in Exhibit A ' attached hereto and incorporated by reference herein. N, L N Page 3 The multiplier is intended to recover a portion of the cost nonially associated with operating overhead, profit and salary overhead (benefit). Since a significant purpose of this assignment is marketing and since marketing is usually included in the multipliers, they have been set at an appropriate level. Since Denton will receive a certain amount of benefit from the Engineer's efforts, an appropriate amount of compensation is provided for. Compensation will also include the cost of direct services and subconsultants i at a multiplier of 1.00. Uporn delive of the reports, and Denton will make eaEsingle payment for all services rendered. f and agree to the to and conditions included herein. *acce A Bake~tlett/BMCON enton rell, City Mana er I Attes } A est ' _ ..i...__.~ i ~ . , x u.. , y_ •1.!,.v.. 4~:L11_I1 _}Illl I,.l_! I- 11)LIf1 Jl L\1 i~~IS:~~vi n ~ Exhibit A EMCON SAMR-SHiFLm, INC. FORT WORTH, TEXAS SCHEOM OF CHAMOIS April 1, 1992 A, fEA90NNEL FEES Ant& PW,4 t, CL91tf0b~Il~ RagitxwlSraneh/Exaeutlw N4neoet . 1106.00, 130.00 G►euP/iupeMNMllroJeat Manpu . . . 96.00 •109.00 Swear inghteer/0eelopaticheml►t . he1eM EndneerKl.etegrt/Chart+in . . . 85100. 96.00 . ErglrteerPStwkgietlChern st 76.00. 49.00 ` 90.00. 70.00 2, IS9llgliil: Teohnlaal Wrhan/Editon Industdat MylperieNTeohNOian , , 50,00- 015,00 Orafdnty1CA0O Operrttore 30.00. 60.00 +0.00. 60,00 Contract AdrNNetmor 99,00 • 70,00 l Ward hneaaeor/CHeiaal 30.00• 46.00 Notes: A. Trawl tirM will be charged in accordance with the above rotes, UP to a rnL*M A of I hours per day. S. fawn teetirtlony In d►poeitionrtrw et 1,9 tMlev above rate. C. Owrtlma (late • 1.6 threes regular rate. Penofwt.t perrorlwng s. ■ O MW ManaWr will he Wed at their tecfmioal laved plus an ariAltionel IO.OO/lrour. S. t31REC' CHARGES 1. AutonwWea/pic Ws . , , $01361111We 7. fhotoknitedon d►teotor (mvi 1100.00/day II. R40rocluoti4n Par shoal ,1910soa It. P!f • Conduotsncs metef 40,00/day 9. Fox • 2.001page 3. Turbidity m►rer . 40,00/day 4. 06" s 2.007afwat 10, Combustible gas tneref 40.001d" S. Mpredu4m4 eepla 6.001eh►at 11, Oats I6990! and Plasma Iraneduoer too mlidey 6. Color photograph* . , , . 2.001aoh 12. Nuclear Oft to . . 79.00i443ey 13, Celluier Phone 1 1.29,rwn. Cherq►s for egj*Wn4rrt and facilities not furnished directly by tWON Ssker•OhtlHtt, Inc, wi3 be billed at cost pine I I Percent, Such chews may inctuds, but mwi not be IhWtsd to, the following arvices: Courier service Printing and phOtoyaphlo toproduction Special drafting and printing fora of publo oar49la Reined field equipment 9Pedal free, Permits, inswenos, ato. tofrp &&t.wtoo phone can Rented yshiole Suboontrect serKOa A4wo end looWng 01PPing o,naryea 9uba eranos C. COMMUTER CHANGE6 Ua of ooffetAtalt owned microlerooaeont I 9P(sadeAeer Datebaee . . . . • . . . 10,00Aeur CoeywradonsRrogrrftrtifgfOrphoe . CA00A)CAIAAodoonp 10,00Aaur 20,004wruf ~I r' 00000 o a Q a a a o a o a a ooOGo 00 C4 " a o ~ oa ~ooOp6""'oa013N 6~oO~000o Q I 1 i J i d ji CONTRACT AGREEMENT STATE OF TEXAS )S COUNTY OF DENTON H THIS AGREEMENT, made and entered into this 5 day of :JANUARY A.De, 1993 , by and between _j= cin op DENTON of the county of DENTON and state of Texas, acting through LLOYD V. HARPJML thereunto duly authorized so to do, hereinafter termed 'O. WNER,' and LWTF'ORD B. PCiSaU8„S, 0 MY. 2333 HINT6N. IRVING TEXAS 75061 i of the City of IRVING , County of DALLAS and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration jf 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: h HID # 1447 - NORTH LAKES PARK PHASE II in the amount nf.S424.600_DO and all extra work in connection therewith, under the terms as stated in the / General Conditions of the agreement; and at his for their) own proper cost and expense to furnish all materiala, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accesaories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached bereto, 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 CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by .T.T nnaxTN 6 ASSOCIATES- TFt,- 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 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. i{ 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 CCNTRACTOR 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 Sptcial Conditions of the Contract. i r CA-2 0114s IN WITNESS WHEREOP, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF D N OWNER By N cse ) ATTEST: i CLIFFORD E. FOGUS COMPANY CONTRACTOR BY T.M ks e I (SEAL) ~ /,-'IIPPROV60 A i ity Attorn- i CA-3 Oll is PERFORMANCE BOND STATE OF TEXAS X COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. Focus COMPANY , of the City of TRVTMr- County of DALLAS , and State of TEXAS as PRINCIPAL, and E pT.pYF.BS ~rnTnnr. nacnar mX CGwiAAiY , 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 c1TY of p_ as OWNER, in the penal sum of FOUR HUNDRED TWENTY FOUR THOUSAND Six HUNDRED AND no/100-------------- Dollars 424.600.00 ) for the payment whereof, the said ' Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by there presents: I I i WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 5 day of JANUARY , 19 93 , for the construction of BID ; 1447 - NORTH LAKES PARK PHASE II in the amount of S4 4 6D0 0D i 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 tbis 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 sal,d Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 55i i~ PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length hereia. PROVIDED FURTHER, that if any legal action be filed upon t:iis bond, venue shall lie in pZXMN County, State of Te=as. 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 1 Tu day Of ,TLMIIApv , 199.3-. CLIFFORD E- EUG"S rumumv Principal Surety By Title S/~tC Title ATTORNEY-TN-FA .T Address 2333 HINTON Address 5910 PAIGE RD.. Gr1TTE eCo IRVINd. TEXAS 75n61 THE COLONY, TEXAS 75056 (SEAL) (SEAL) The name *nd address of the Resident Agent of Surety is: IL 7" 5910 PAM 9 -Rn.'. STITTE THE rnT ONY TFXAR 7gQ'iA NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b ii PAYMENT BOND STATE OF TEXAS ) COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOCUS COMPANY of the City of IRVING , County of DALLAS_ , and State of TEXAS , as principal, and EMPLOYERS MUTUAL CASUALTY COMPANY 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 POUR HUNDRED TWENTY FOUR TBOUSAND SIX HUNDRED AND no/100------------------------- Dollars 474 bnn-pQ _ ) for the payment Whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by I k thes presents: I WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 5 day of JANUARY , 1993 i I HID / 1447 - NORTH LAKES PARK PHASE II 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= PROJIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Ci ril 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 an if 1_t were copied at length herein. PB-3 BSI :J Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obilgaLlon on this bond, and it does hereby waive notice of any such change, Pxrnnglon 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 il'PHday of JANUARY , 19 _qa^, CLIFFORD E. FOGUS COMPANY EMPLOYERS MUTUAL CASUALTY CO. Principal Surety By J Title Title ATTORNEY-IN-FACT Address 2333 HINTON Addrass5910 PAIGE RD., SUITE "C" LRVTmr__ mrvnc 79n6, THE COLONY, TEXAS 75056 W f i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: i KITCHELL INSURANCE AGENCY 5910 PAIR nn,_ snrTE C" THE COLONY, TEXA$ 75056 PH-4 0092b I i i MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: THAT CLIFFORD E. FOCUS COMPANY as Principal, and a Corporation aut orized to do uaiaea• in t e tale of Texas, as urety, 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 FORTY Two THousAND FOUR of HuNDREn SIXTY AND No loo----_.------------------- Dollars 42.4bn_nn , 102 the total amount of t e contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said CLIFFORD E. FOCUS COMPANY has this day entered into a written contract with t e said City of Denton to build and construct MID 1447 - NORTH f.1rcR p~AK PNASR TT which contract and the plans and specifications therein mentioned, adopted by tie r t City of Venton, 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 f 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 necessory 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 came the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this hood. MB-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 uitccessive 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 of be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said 777 - as Contractor and Principe , e caused t5hlmili presents to a execute q KITCHELL INSURANCE and the said EMPLOY RS TU L ' as Surety, has caused ese presents to executed by its Attorney-in-Fact JOHN F. KITCHELL and the said Attorney-in-Fact has hereunto set is and t e day o AN ARY , 1993 SURETY: PRINCIPAL: Co. j r BY. ('T TFFORT) F F,[!'IIS .^^voa~tV JOH F. KITCHELL OWNER - Attorney-in-Fact HB-2 0093b i INSURANCE: 11.1.1 In the first line following the word "maintain' insert the words 'within a company or companies licensed to do business in the state in which the project is located ' 11.11.7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis incluoing: 1. Premises • Operations (Including %•C-U). 2. Ownet's and Contractor's Protection 3. Products and Completed Operations. 4. Contractual - Including specified provisions for the Contractor's obligations under paragraph 4.18. 5. Owned, non owned and hired motor vehicles. 11,1 ,2 Add the following: 1. Workman's Compensation • Statutory Employers' Liability • 51.000.000, w 2. Public Liability: Per Person Per Occurrence Aggregate a. Bodily Injury 51,0001000.00 51,0001000100 b, Property Damage S 500.000.00 $ 500,000.00 3. Automobile Liabilily: a, Bodily Injury S250,000.00 $ 500J000.0D b. Property Damage $ 1001000.Oo 4. Independent Contractors - Same limits as above. 5. Products and Completed Operations - Same limits as above for two years commencing with issuance of final Certificate of Payment, i 8. Contractual Liability • Some Ilmits as above Broad Form Including excess umbrella 1 11.1.4 Add new clause: 1 i 11.1.4.1 Fumish one :opy of certificates herein required for each copy of agreement; specifically 1 set forth evidence of all coverage required by 11.1 and 11.1.2. The form of the certificate shaft be AIA Document G705. Furnish to the Owner copies of any endorsements that are - subsequently Issued amending coverage or limits. 11.2 OWNER'S LIABILITY INSURANCE (Normally provided by Owner) 11.2.1 Delete in its entirety and substitute: 11,21 The Contractor shall effect, maintain and pay for all Owner's Liability Insurance as required bnlow until final acceptance of the work, Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of work. These certificates shall contain a provision oral coverages afforded under the policies will not be cancelled until at least 3D days prior written notice has been given to the Owner. a. Bodily injury • Per Person/Per Occurrence 51,0150.000./51,000,000. b. Property Damage Per Occurrenca/Aggregate $50,000./SIOD.000. Add the following new paragraph: 11.5 OTHER INSURANCE: Contractor shall effect, maintain, and pay for an umbrella liability Insurance in the amount of 51,000,000,00 covering excess of the unJerfying policies and possible uninsured exposure. C SECTION 00300 • PROPOSAL. FORM 00050,1 TIME: 2:00 P.M. 00050.2 DATE: December 15, 1992 00050.3 T0: Purchasing Agent City of Denton 901 B. Texas Street Denton, Texas 76201 Gentlemen: 00060.4 STIPULATED SUM j The undersigned having examined the Contract Documents entitled: II North Lakes Park, Phase N City of Denton and having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all worst In accordance with said documents and addenda thereto for the stipulated sum of: Trench safety for sanitary sewer as per Sheet SS-1 and specifications Dollars (S 500 'j^•r~r.r-s f-(vwoKV S~a7~ 1-~eFos,"~ urJeryn dY ~uJ 0. 1/NOILr'If Dollars ~3 ~ S, 4- c ~ ) Base bid including trench safety Item Note: Amounts shall be shown in both words and figures. In case of discrepancies, the amount In words shall govern, 00300 - 1 Add Alternate # 1 for installation and 95% compaction of 6" flex base material in the north and south parking lots (see Sectiori oI Ioo). ETEELS,.:r . vA o / ! uo J'7uwy&,w ---Dollars The bidder shall provide cost for the following work, These prices are for use by the City of Denton for accounting procedures associated with the Texas Parks and Wildilfe Department and shall not affect the base bld or alternate prices, t J installatlon of the water and sewer lines and all worK associated with Sheet SS-1. I 1 T^~~M~ f lavusr2.~s, 1"~dr } ~uN.nco ----Dollars ($r Soo q UNIT PRICES: The undersigned agrees that the following unit prices wVI apply to adjust quantities of materials indicated on drawings. Prices are for materials furnished and Installed. it is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Owner's Representative, and that'all quantities of work, whether Increased or decreased, are to be performed i at the unit prices set forth above except as provided for in the specifications, I CONCRETE WALKWAYS (for addition or deletion) F ~ { 4' thick 3000 PSI concrete flatwork Sq. Ft, j I = ADDENDA: This will acknowledge receipt of the following addenda which are part of the Bidding Documents: Addendum No. 1 cw m pa:, f t t i l-i Addendum No, Addendum No. Addendum No. The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after date of written notice to do so and to substantially complete the work on which he has bid within 1 consecutive calendar days subject to such extensions of time allowed by specifications. 00300 - 2 J J SEC i 2 199- 2 ALTERNATE #2 iULa~J _j u L~ Add or deduct Alternate #2 (circle one) • In lieu of asphalt paving, contractor shalt provide a 5- thick, 3,ooo psl, concrete, Itme stabilized with #3 rebar 18.O.C. Expansion joints shall be 15o' O.C. with saw joints 25' O.C. Do not Include 6' curb and gutter with this bid item. I I Oa ) f it I I I I I I i i i I The undersigned bidder agrees that his bid shall be good and may nol be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any Informalitles in the bidding. BID GUARANTY Enclosed with this Bid Is a Certifled Check tor: r DOLLARS ) or a Bid Bond in the sum of j~yAJY kI dy1 n ian f T DOLLARS (s I r which it is agreed shall be collected and retained by the Owner as liquidated damages in the event k this Bid Is accepted by the Owner within 60 days after the bids are received and the undersigned falls to execute the Contract and the required Bonds with the said Owner within ten (10) days after the date sald Bid is accepted; otherwise said check or bond shall be returned to the undersigned upon demand. J C r ti t-, 4- rl4 of Y L- Co ctor (firm name Z,- 33 3 t.J*Seal' Address _ T L Mg(' I G) s 7a`t~~ City. Sta e, Zlp Code Phone *11 Bidder is a Corporation 00300 - 3 7 N° 101496 JOHN V. KITCHI:LL, RiCriARI) P,, KiTCIlELL, L\IAVIDf'ALLY, 'I'frf; COLp'Y, Tp,XA5--- API007 NOT E.C(:r' D G FOT, !R?:'DRtD THOI'S.a1'Iy-------__----- ($500, 000, 00) J1pril 1, .1990 41 I 19th 1 192 19th Mly 02 John F. Kitchell, Richard R, Kitchell May 19, 1992 JANUARY 93 11TH ISSUE DATE. (MLUDD/YY) PRODUCER 119 3 THIS CERTIFICATE JS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, KITCHELL INSURANCE AGENCY EXTEND OR ALTER THE COVERAGE AFFORD£O BY THE POLICIES BELOW. 5910 PAIGE RD., SUITE "C" THE COLONY, TEXAS 75056 COMPANIES AFFORDING COVERAGE ETTERNY A--____ ITSIM~T~QILS Q~j.$(~ALTY CQL`4PANY INSURED COMPANY LETTER B CITY OF DENTON C/0 COMPANY y CLIFFORD E. FOGUS COMPANY LETTER C 2333 HINTON - COMPANY D IRVING, TEXAS 75061 LETTER ' COJdPANY E LET'EEA 11f THISiSTO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITNSTANDINO ANY REQUIREMENT, TERN OR CONOITION OF ANY CONTRA^.T OR OTHER DOCUMENT W1711 RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORCED BY T}IE POLICIES OESC11DED HERSIN JS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND Co,- Dm, TIONS OF SUCH POLICIES. CO TYPEO"INSURr11CE e EC'.F E rE'IF P A 7, LTR D.-IC' ! 9 I.y r , yvl [afr !;t rti ALL LiMiTS IN THOUSANDS OEH li1E PA + r , A - fn'IME4""L Oc EPfA-!. NVQ'Y I ~r ti 'nEr I Ir,; '.'__LUr ri o. ; i. idEfAff_ LL__JJ rRiC ~l I7 E~'$.f-I-Uir SG~ f Rrd,G;Iarr 5 Lr~. _ - $ 1000 UNDER HINDER 1/5/93 1/5/94 $ 3,-000 r.Pi 0 AV LAIN C%, F,RE) 50 ;4DCAL fxPE Sr ',r O.F PERtiG'd AUTOMOBILE LIABILITY 5 ANY AUTO CS. ALL Q7'OED A11NOS Y.- SrHEDUlEO AUTOS PEA oERS,RI $ j HIAfO AUTOS Y BOEFCANW AUTOS ICE dY ACOOENn $ 1 CARACF OAS!LITY 1 PRDPIRIY 049A1 t $ EXCESS LMBlLJTY Oi.C U1 PF NCE /.OOPEOA rE d OTHER THAN UMBRELLA FORM $ , WORKERS' COMPL•NSATION STATUTORY_ AND $ qgA i ACCIDEliTI EMPLOYERS' LIABILITY 10:SEASEPOLICY LUEAl4 y~ I91565~C 4CM E'I PIOv EEI OTMEI OESC9IP710N OF OYEF?A TIDNS/L.OCATIONS/VEHICE F.SlAESTRICTIO^1SJSPEC'AL .7E ~fS OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX CITY O F DENTON TE Tf1E REOF, THE ISSUING COMPA M1Y wuL ENCEAVOR TO r E F- 901 B TEXAS ST' YS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE DENTON, TEXAS 76201 ILURE TO MAIL SUCH NOTICE. SHALL IMPOSE NO OBLIGATION OR LIT ATTN : MAX BLACKBURN ANY KIND CRON THE COMPANY, ITS AOEHTS OR REPRESENTATIVES, EPRESETATIVE <<~ 100'3Jtld GTOB&L:PTZI Z£:ZT £6~ ZZ NRir ~ ~ • ~ ISSUE OATS (fAA4pp/Yyl PRODUCER THIS CERTIFICATE Pi Pi1LET0 AS A AIATTlR OF NtAiTPPAATION ONLY AND CONFERS 0 t RO RIOETTA UPPOONN THE CERTVWATE HOLDER, THIS CARTPWATE DOES NOT AMEND, K f tL hell Insurance Agency EXTEND OA ALTER THE COVEMOE AFFORDED eY THE POLICIES BELOW, P.O. Box'560624 Ths Colony, TX 75056 COMPANIES AFFORDING COVERAGE LETTER A Bituminous Casualty Company Wil (214? 625-8017 COMPANr ENSURED LETTER a } Clifford E. Fcgus Company LE~7ER Y !A - 2333 Hinton COMPµY V Irving, TX 75061 LETTER D COMPANY LETTER THIS IS TO C1:RTIFY THAT POLICIES OF INSURANCE LISTED a1LOW HAVE BEEN ISSUED TO THE MUNRO NAAIEO ABOVE FOR THE POLICY FLWOO INDICATED NOTWRHSTANDUIOANYREOUIREMEHT TERN CR CONDITION OF ANY CONTRACT OA OTHER DOCUMENT MR RESPECT TO WHICH THIS CERTIFICATE MAIL BE ISSUED OA MAY PERTAIN, THE INSV4NCE AFFORDED SY THE POLICIES DESCRIBEO HEREIN IS SUMIECT TO ALL THE TERMS, EXCLUSIONS, AND CONOI• TIONS OF SUCH POLICIES, L~ TYPE OF NI$UAAfICE FCUCY NU'•fl?i•,? yiI YEA jjiYl! 0, f~,rn ACO ALL LIMITS III THOUSANDS GENERAL LIABILITY fl',YAAL Awl"Alf f s' A g Ccvaa:zcul. GEfIE~IL L AEIuTV CLP2113730 9-11-92 9-11-93 'PCCUC1s toAa+tAS ,OO.aSy Il $ Wk!,4 wu ®OCCVAMNa *SRSOW 1 AMATti4t.A M4VAY PIM A S S 071TPid GA1)Ap ECOYT E Mr WA MM WA roe DAMAD{ SAN'! ax AIIfI S MEDIA ttFENSE K'n DYI ftRfDEO $ AUTOMOBILE LIABILITY A X AIN AUTO c L $ ALLMMVAV[05 CAP1802092 9-11-92 9-11-93 $CHIMED QTOS A ~ X HMO AUTOS r NOff-0F O AMOS S GARAGE LUUeILRY $ EXCESS LIABILITY - Ace c. A mAn A X Umbrella Form CUP1782659 9-11-92 9-11-93 t S 4 BMfR VAI UMB1%LLA MW 1 00 1 0 0 ErATIrTOAv WOAXERS'COMPINSATEON S 1 , 000 1 EAdf ACpptE11 B AND TSF103830 9-19-92 9-19-93 MAN POLO LAN; EMPLOYlRB' LIABILITY s~06' IMASETAOI roftontl oTHw Incl. Loss 'Damage Waiver Equipment Floater V\V4925306 9-11-92 9-11-93 Up To $100,000 Limit Per C Item $250.00 Deductible DESCRIPTION OF OP ERATIONSILOCATIONSIVIMICLESIRESTRICTIONSISPECIAL ITEMS CERTIFICATE HOLDER IS AN ADDITIONAL INSURED W/WAIVER OF SUBROGATION ON 0/L CITY 0 F DE NT ON SHOULD ANY OF THE ABOVE OSSCAIBEO POLICIES BE CANC7<LE.ED 1EFORS THE EK- 9018 TEXAS 9TRELT PIAATION CATS THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901 B T, TEXAS 7B 2O1 MAIL 30 DAYS WRITTEN NOTICE TO THE CErrrmATE HOLDSA NAMED TO THE ATTNI MAX BAS 76201 LEFT, DUI FAILURE TO MAIL SUCH NOTICE SHALL W1081 NO OBLIGATION OR ttY Of KIND UPON THE COMPANY TTS AGE TS OR REPREfENTATIVIIS, A?HORIZED BENTATTVE~ TPId £6N LJN13rJki SN1 T13FI0-11~ rezr2T F~~ ~Itit i I ~oo~~~~Go OCQO~paa~0ooo 0 O a O 4 a o~j~ a p0 °00~aaaaaafl4°~~o f ~ 1 a i ,~,1 Y I I CONTRACT AGREEMENT - STATE OP TEXAS ~ COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 21 day of SEPTEMBER A.A., 19 93 , by and between - CITY OF DEtiTON of the County oP DENTON and State of Texas, acting through _ I•LOYD v• thereunto duly authorized so to do, hereinafter termed "OWNER," and rur_. aT 67. BOX 19. CAI~E&1gN, MO 65020 of the City of ~ _ , County of CAt~EN and State of MlssovRl , hereinafter termed "CONTRACTOR." WITNESSETH: ThRt for and in considPr~tion of the payments and agreements hereinafter mentioned, to be made and performed by I OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNEF to commence and completo performance of the work specified below: HID M 1537 - NORTH LASE PHASS II FISHING PIER in the amnunt $17,39y.00 and all extra work in connection therewith, under the terms es stated in th.2 General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendes:ce, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Rropasal 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 Siddsrs, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 ri 9 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by J. T. DUNKIN AND ASSOCIATES, INC. all of which are made a part hereof and collectively evidence and constit.~te the entire contract, Indeagndent 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. Indemnfigation 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. i 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 .l L\ ti r, 1 4 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. AT T: CITY OF D OWNER A0 Y t (SEAL) { ~ ATTEST: I i GALVA FOAM MARINE INDUSTRIES INC. CONTRACTOR JS ) By +I (SEAL) h APPROVES AS-TO--?V~ M. eye ~tXbrney 4 AAA01840 CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DEmN S KNOW ALL MEN BY THESE PRESENTS: That GALVA FOAM NARI NDDSTRTFr- of the City of rA a County of CArncm , and state of - _~SIS ~Irzr as PRINCIPAL, and TMTMT1PAr CAMATTV OmpttiN 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 TFD: CITY OF AENTON i as OWNER, in the penal sum of NINE AND No/100--------- - Dollars ($-17.-399-n° 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 t- itten contract with the OWNER, dated the 21 day of sEPTamEn 19933, for the construction of BID a rs37 - Nnrrrn r arr PtD\¢F rr FISHING PIEk 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 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 72nd Legislature, Regular Session, 1991, 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 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 any way aftk~ct 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 contrac`. or to the work to be performed thereun,ler. . 11; WITNESS WHEREOF, the said :Principal and Surety have signed and sfealed this instrument this -k2-tjj_ day of , 1993-1 j ~41.VA FDAM Ml~utTn 7~mrrS~. h^, Principal Mu127yFNrar ~dIai~ Y Surety By j Title Vice F L~r►da Reynolds ff ~.~e~iden_- t Title tt rn -in-Fact I Address:- Route 67 Box 19 Address :8500 Shawnee C~ndenton M1 65020 Mission Ptcx. 9/111. Merriam. xS ~ - 66202 I (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: f1cual as ~ 12005 Ford Rued Suite 400. Del.la~ 17C 75234 NOTE: Date of Bond must not be prior to date of Contract. AM0,184D PB - 2 IS PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That r,AT.vx FnAY aAnTtp INDUSTRIES INC. of the City of rAM[1anon. County of CAMEN , and the State of _ NISSOURT as principal, and _ COfTi 024T L CAS ALTq C WANY / f 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 SEVENTEBN THOUSAND THREE HUNDRED No 100--- ollars 17,3a4.DO ) 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 91 day of _ cug 19 93 I BID # 1537 - NORTH LASE PHASE IZ - FISHING PIER i ir 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 72nd Legislature, Regular Session, 1991, and all liabiliti9s on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 I e~ I f' 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 waive notice of any such change, extension of time, alteration or addition to the terms cZ the contract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have signed an4 sealed this instrument this 29th day of -Seg)tgDk= 19 93 GALVA FOAM MARTW TNfYT.RjE jj QQ.VT=Ai. CAjAi.TY C2F[iNY Principal Surety BY~L C Linda S. Reynolds 0 -'7 Title Vice 10!%idant - Title-Attorney in-Fact Address: Route 67, Box 19 Address: 8500 Shawnee Mission mly. Cam)denton, MJ 65020 #111, Merrizm, KS 66202 i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: .~¢laa Hotckflciss CNA Insurance 12005 Ford Road, Suite 400, Dallas, TK 75234 AAA0184D PB - 4 i IIC MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That c .vL_Eaa AALLNE- INDUSTRIES INC. as Principal, and "T ecFFOT.TY cxi~ANY 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 THOUSII,'ip SE4'°: h^~~'i?RFD '1'N RTY NINE AbMUjNE'ry.., Dollars I.739,9n 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 i and severally. This obligation is conditioned, however, that: ! WHEREAS, said _ G7►LVA FOAM nTUF TNTl1,gTRT RC TN . ! has this day entered into a written contract with the said City of Denton to build and construct BID 4 1537 - NORTH TAKE PHASE 11_- FISHING PIER l 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 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 - L 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 days 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 G~TAA FC11~1 MARTr1F rn„~,e.,,, a;S INC s Contractor and Principal, has caused these presents to be executed by Roger Squires and the said CotTMMAL CA,SLLCrY M4PANY i as surety, has caused these presents to be executed by its Attorney-in-Fact Linda S. lds and the said Attorney-in-Fact has hereunto set his hand this 29th day of 19 93 SURETY: PRINCIPAL: ZY C ANY GALVA FpgM MARINE ~S INC . i C , Linda S Re^^lde Attorney-in-Fact TEXA5 AGM': Douglas Hotchkiss CNA Insurance 12005 Ford Road, Suite 400 Dallas, 7X 75234 AAA0184D MB - 2 i Continental Casualty Company CNA rill AI I I hr <,,,,,rnh,Nml, 1, Mi MxY i . AN ILLINOIS CUR PO R AT ION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY,IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY. a corpora ion duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and Stalk of Illinois, does hereby make, constitute and appoint John N. 7 ayeryL. V. Maxon of Kansas Cif, KS_Judith A p fart; s u rrnup of Shawnep Mission- KS Mark E. (,ardner of Leawood, KS ralpm R_ rill of nVorlana mark KS Robert R_ Fiss of Prairipjflla99w, KS Linda S. Reynolds of Paola, KS l arr~ .1 -Cramer of Blue Springs, NO each Individually Its true and lawful Altorneyindact with full power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - j and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the following By Low duly adopted by the Board of Directors of the Company. "Article IX--ExKution of Documents Suction 3. Appointment of AltcrMyin•fact. The President of a Vice President may, from time to time, a point b writlsncertHicales allorneyWn4ao1 to met in behalf of the Company in the excecutlon of policies of insurance, bonds, undertakings Ind other obligalory Instruments of like nature. Such atiomeye-in-fact, subject to the limitations Set forth In their respective ;artltlCales of authority, shall have fuel power 10 bind to Company by their sipmature end execuJon of any such instruments and to attach the mal of the Corr-Any thereto. The President or any Vice President or the Bard of Directors may at any tim revoke all power and authority previously given to any Mtorny~mtaot," This Power of Attorney is signed ■nd saicd by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company At a meeting duly coiled and held on the 3rd day of April, 1957. "Msolwd, that the signature of to President of Via President and the esal of the Company may be affixed by fecolmlle on any potya of altaney granted pursuant to OnIIon 3 of AM lithe IX of 1M Byd,awe, and the Signature of the Beeretmy or an Auletient BeeMary and the a" of Ifte Company may be affixed by llxeelmlls to any eMhieate of any such power, and an power or oMif"Is bWr,p SUCK faaknlle MlgltaturM and Neel Shall be valid aW binding on the Company. Any such power so executed and sealed end her IQ by eertMbate so executed and soaked Mail, with respect to any bond or undSrtaking to which it Is attached, continue to be valid and bindkto on the Company." In Wftrww Wfwreef, CONTINENTAL CASUALTY h COMPANY has caused that presents to be signed by its Vice Presided and its Corporate Meal to be hereto affixed on this day of April CONTINENTAL CASUALTY COMPANY r us" of IlllrgiS I a County of Cc" ''r </Ly{.-~f i ~ sun J. E. Purlsll Vice Presldent. On this 20th day of April f9_2L, before me personally come J. E, Purtell, to me known who being by me duly sworn, did do" and my; that he resides in the Village of Glenview, State of i 11 moil: that he is a Vice-PreskNnl of CONTIiiENi Al CASUALTY COMPANY, the owporalion described in and which executed the above instrument; that he knows to seal of aid Corporation; that to seal 61 ixed to the said ketr~ Is such corporate awl; that it was so affixed pursuant to to pea instrument is Such corporate awl; that it was to affixed pursuant to authority given by the Board of Diroam of aid corporation and that to signed his name thereto pursuant to like authority, and sckr iowledgw "me to be the act and deed of aid corporation, pt• ' aE ~ aNrAaY M + ►Yesq ~ Linda C, Dempsey N w Publ+c. CERTIFICATE My Commission Expires cto er 19, 1994 1, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Altomey heroln above set forth Is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, met lorth In said Power of Attorney are still In force, In testimony whereof I have haunto 6ubm Abed my name and affixed the seal of the sold (l l 'k ~1 (t C , Company tMa c day of ° ) Y-, t t • George R. Hobaugh Assistant Secretary st AL Form 1.23142.6 INV, NO. Gd69200-8 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 falls 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 t,'te successful bidder shall have a duty to maintain throughout the course of this cor,tracf. i f STANDARD PROVISIONS: 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, I As soon as practicable after notification of bid award, Contractor shall file with the Purchasinq 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, si, ice 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 the, 1 requirements shall comply with the following general specifications, and shall be maintain;ad in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted; 0 Each policy shall be issued by a company authorized to do business in the State of Texas with an AN. Best Company rating of at least A 0 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 AFMBA REVISED 090193 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses, • Liability policies shall be endorsed to provide the following: of Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. 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, • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage, • 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, • 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, i • Should any required insurance lapse during the contract term, requests for payments originating after such lapso 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, AFF006DA REVISM OSIM193 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: Ali 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: ixl A. General Liability Insurance: General Liability insurance with combined single limits of not iess tnan _ i,ooo,aooshall 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: • Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverages, • Coverage B shall include personal Injury. • 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: • 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. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liablilty and broad form property damage liability, AFMBA RPMED MOM I Insurance Requirements Pag.4 Pq Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than soo,ooo either in a single policy or in a combination of basic and umbrella or excess policies. The policy will includa bodily injury and property damage liability arising out of the operation, maintenance and use of ail automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. NJ Workers Compensation Insurance ~ t 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 ail rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ 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 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 w;t~ c aggrsgate. AFF006RA REVLSED W02M if Insurance Requirements Page 5 f 1 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 Jess than . each occurrence are required, f 1 Professional Liability Insurance Professional liability insurance with limits not less than with respect to negligent acts, errors or omissions in connection cwt h professional services is required under this Agreement, I I Builders' 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 appea,, E I1 Additional Insurance I Other insurance may be required on an individual basis for extra hazaroous contracts and specific service agreements. If such additional Insuranc is required for a specific contract, that requirement will be described In the "Specific Conditions" of the contract specifications. AFFO068A RE:VI9Ep 08102191 ..li!Y'J N4'v ^I li CERTIFICATE OF INSURANCE CITY OF DENTON Nome and Address of Agency; City of Denton Reference: Project Nemo: Project No.: Phone Project Location: Managing Dept; Nerve and Address of Insured: COmpaNts Affording Coverage: A Phone 6 C This o to insured t as hat: additloml insure I)allPOIIOIea of insurance listed below have boon issued and ere In foroe at this time. 21 The City of Denton is listed as an to appiioaWo cov Company ego. Expiration Latter Type of Insurance Policy Number Date Limits of Llabiiity Compl/hsrwlve General Uabli In Thousands (0001 Occurrence Occurrence Claims Mode lees 04-Pape CI-4) Bodily Injury d Property Damage d Broad Form to include: PremiseslDperstions Bodily I*ry and Property Independent Contractor, Darns a Combined d Produote/Cornploted Opsedone ( Personal lnjury fE Contractual Uabllity (ales 103•P49e CI-4) Explosion and Cofhp,a Hazard Underground Hazard Liquor Uabllity Coverage Firs Legal Liability (sae d'S•Pepe CJ-4) Brow Fomt Pr !rty Oama e _ PrOlOsSional Errote/Ornlseions occurrence ufaim, msds (,ea ►4•Pa a CI.41 ~ompelwnalve Autamob4s Usbplty Owned/Leaeed Automoblse Bodily Injury/Psroon j Non-owned Automobiles Bodily Inju lAocldent d Hired Automobbaa ProertY Ant /Aco 11 InlutylProparty Dsmepe- - Warkae' Comperuatlon and Employee' Usbility Combined d 6tetutory Amount d Owners' Protsatlw Llabwty each accident Oth r Ineurana e Ducrfptlon of Opnatlon,A,aaaNonaNahlydea. Eeeh policy shall require thirty (301 day, notice of cenaellatlon, nomrenewel, or material abseils In coverage. (See e2, Psge CI.41. Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGENT DATE ISSUED 901.6 TEXAS STREET OENTON,TEXAS 75201 AUT.40-QED REPRESEN ATIVE SEE DEFINITIONS ON PACE CI-4 ATTACHED AAA0078F CI .5 +6<HJW I ii i SECTION 00300 - PROPOSAL FORM 00300.1 TIME: 2V P.M. f 00300.2 DATE: September 2, 1993 ' f 00300.3 TO: Purchasing Agent City of Denton I 901 B. Texas Street Denton, Texas 76201 i Gentlemen: 00300A STIPULATED SUM The undersigned having examined the Contract Documents entitled: North Lakes Park, Complex Fishing Pier, Sid #1537 Chy of Denton i j and having visited the she of the proposed construction, and having familiarized himself with the 1 local conditions affecting the cost of the work and with all addenda to the said documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work In aocondance Wth said documents and addenda thereto for the stipulated sum of: I Seventeen thoueand timzee hundiaed n .net ollars (S 17, 399, 00 1 Base bid nine Note: Amounts shall be shown In both words and figures. In rase of discrepancies, the amount in words shall govern. ADDENDA: This vA( acknowledge recelpt of the following addenda which are pan of the Bidding Documents: Addendum No. N A Addendum No. Addendum No. _,btj 7te S~a 933 Addendum No, 00300 - 8 li 41?Fe s!~ { The undersigned b;dder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertalning to the work covered by the above bid, and he further agrees 10 commence work within ten (10) days after date of wrttten notice to do so and to substantially complete the work on which he has bid within 9 0 consecutive calendar days subject to such extensions of time allowed by specifications. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any Informaiftfes In the bidding, Bf_ ~ C~~ANTY• EnrJosed with this Bid Is a Certified Check for. N/A DOLLARS NIA or a Bid Bond In the sum of i Eight Aurltix~trr ntine and DOLLARS 864.95 95/100 which It Is agreed shall be collected and retained by the Owner as liquidated damages In the event this Bid Is accepted by the Owner within 60 days after the bids are received and the undersigned j falls to execute the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid Is accepted; otherwise said check or bond shall be returned to the undersigned upon demand, G C a F=a)mi, ndu6th.ie- sue Inc. tor m y Route 67 6ux f9 Address "Seal j Camdeaa2_ 0 65020 City, State, Zip Code f (3141-346-3323 Phone •if Bidder Is a Corporation 00300 - 9 SELECTED MAJOR CONTRACTS (OVER $2000000.00) AMOUNTS ARE ROUNDED ALPHABETICAL ORDER MAJOR CONTRACTS Barker's Island Marina 1978 $750,000.00 City of Superior Superior, WI 54880 715-392-3225 Jeff Vito Blue Springs Marina 1990/91 $840,000.00 22807 Woods Chapel Road i Blue Springs, MO 64015 816-795-8200 Ron Fuhrken Bucksaw Point Marina 1984/85 $350,000.00 Rt. 3, Box 181 Clinton, MO f 816-477-3312 John Magnum City of Columbus 1991/92 $8000000.00 90 W. Broad Street Columbus, OH 43215 614-645-7410 Fred Hunt, P.E. 1790 Merriweather Columbus, OH 433221 614-451-sin City of Huron 417 Main Street 1989 $302,400.00 Huron, OH 44839 419-413-5000 Mike Tann I Duck Club Marina 1990/91 $600,000.00 6257 Highway V St. Charles, MO 314-258-4321 Kenneth Schryver i Goosepond Colon Rt. 20 Box 001 y 1990/91 $462,000.00 ' Scottsboro, AL 35768 205-259-2884 Hugh Judge (continued) er~i~ da Page 2 Harbor Point Development 1989 $1,300,000.00 ,fl Jamie Circle West Alton, MO 314-899-1214 Jerry Jaycox Island Harbor Marina 1984 $225,000.00 4424 Harbor Inn Road Rock Hill, SC 29731 (Lake Club) 803-329-4544 , Elliott Close ; i King's Point Marina (2 installations) #1 Fairview Plaza 1984 $350,000.00 Davidson, NC 1991 $4501000.00 704-892-1136 John Maxwell Longview Marina 1984 $4500000.00 22807 Woods CLapel Road Blue Springs, MO 64015 816-795-8200 Ron Fuhrken i Moorings at Malibu 1987/91 $906,698.00 LK-RD 54-49 Osage Beach, NO 314-348-4420 Ted Garrison Town of Dillon 1990 $638,000.00 275 Chief Colorow Dillon, CO 80435 303-468-2403 Bill Simmons U.S. Coast Guard 1983 $650,000.00 2nd. Coast Guard District 1430 Olive Street St. Louis, MO 0 f Z09'30tld ZBS9 188 10t' 140101 £6. r L~0 -REPLACES CERTIFICATE IBSUEA_9-28-93 - AOOM. CERTIFICATES OF 1NSURAfi+[CE. .10-5-93 " Pno11uewi -'14 ~IAV A Rick 1;".11a ONLY AND CONPEM 7 t Wausau Insurance Companies NOLIYM TM C ATE DOES NOT WMW OR PO Box 3282 ALTER TM CO" RAGE AFFORM BY TW OUCIU BELOW, Springfield MO 65808 COMPANM AFFOROM COVERAGE _ 9G+Y►ANY A Natiowdde Mutual Iao. Co. Oalnd Foam Marine Industries Inc. RR 67, Box 19 6 Camdenton M0 65020 pAHY 0 COVINW B THM 0 TO CERTIFY THAT THE KkXi 1!3 OF tMRANCE LISTED BELOW HAVE WXN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD-. INDICATED. NOTWRMSTANOM ANY REOUMINAENT, TERM OR CONDITION OF ANY CONTRACT Oft OYHER DOCUMENT WITH AN&MT TO WHICH TH4 i CERTIFIOATE MAY BE 4000 OR MAY PERTAIK THE MEVRAWS AFFORDED BY THE POUCIEB 0099 MEO MEREMI IS SUBJECT TO ALL TM! TERMS, E`! FLXCLU804 AND CONDITIONS DP 8" POLICIES. LIMITS SHOWN MAY NAVV. BEEN REDUCED 9Y PAID CLAW. _ L19I Ty" Cr IIIUNAN" POUOY MM11111R ~ ~ DAT9 ~,m DAn IWH UASa.rIY r A x 00WOAL 0"Minw. Gomm LAMITY 78PR79141,53001 ,.2-1-93 2-1-94 r 00kR0I11AMILItG01A000iAAOIOMG A014 s 2 000 ~ 2.000 ouw w vs 6- 30000111 ARNO %A VV WA M • 2 r 0 4 DOE" a am FAOT FAA DOawnr6! 11...-~00 ~oducta RREOAW10ErA■foa!!N a 50 A "ASIa111wawwrr - - X AWAW'• 70BA7914153002 2-1-93 2-1-94 CDAiM1GfMI01A!tAlrt F 0 "Irm ALLONNbAUT011 w 1VIAAI ftwy x x w+ESAU+aE Yy t X A01400010 A" PROPBINY DANA= 1 ~eARA14n11I11um_ _..._........_.._I. AuroollLr•rwAOOloHrr 11 ANY AUYD oOKR TNANAUrO ffa.YO 1 4 JA sas11lAwtm UICHOOMMUN rC i 2,000 X weIYItA►oIw 78CU7914133003 I 2-1-93 2-1-94 TS i 2,000 r A NNIMMIF rrY MO 78WC7914153010 2-1-93 2-1-94 ^ ST rUINVII; E PAIN I 1Q0~ Inrt nca oseAx.'PaL+orLwn A _500.__ aMeeO Art O0a . _ _ oIPCAM • IOACNCAIrtoT1111 11 0 ADDITIONAL INSURED: City of Denton Taxes CEIT&WATB "CLjD :PI CANCl11A"M soma aw OP TIIE AWA O10I11 POUM w CAUMAI carps YM11 Purchasing Agent Pl11MT10W OAM IMMIX, TW 110111114 =11FaRY wA saAVOR ro 101% City of Denton 30 oAT11 rmrseM canoe ro Tw eaTSIOATi Illasa RAAIw m T►s Iar, 9018 Texas St, on rmAn To wa vx" Iloi V"L wo E so owwnaB on wasm { Renton TX 76201 OP Am OW w oI T1 4MANY, nt AMM OR RsrwMAMM i D ' ACM 2" 111 Q . ACORD CORPCP1ATx>N 3001 OR TiddS 018 9290 899 L[fa L9:SO CO/90/05 i PAK 2WI:t.PLL~ 11 ooooa~ onaaooaooooo0 a~ o ~ a a ka a °00o0oooQQ K ao~oooo ooaaa k l i I t y i i I i~ I I CITYoIDENTONMUNICIPAL UTILITIES/ 901-A Texas Street/ Denton,TX76201 January 6, 1993 Henningeon, Durham, & Richardson Attn: Lee Cronister, P.E. 12700 Hillcrest Road I Suite 1125 Dallas, TX 75230 RE: Letter Agreement for Engineering Services for Development of a Preliminary Master Plan for Municipal Solid Waste with Respect to { Selection of a Consulting Engineer for Probable Continued Engineering Services. The City of Denton has reduced the number of firms being considered for a 1` consulting assignment to two. These firms will be turther evaluated based upon their presentation of a Preliminary Master Plan. HDR Engineering, Inc., (Engineer) is hereby retained to prepare a Preliminary Master Plan in accordance with the items of this letter. Engineer agrees to perform the h services depicted herein in a manner consistent with the professional standards of apeh*tects in the State of Texas. f '5~- iner.; The Engineer shall prepare a report on a Preliminary Master Plan for City of Denton Municipal Solid Waste. The report shall address regulatory, social, environmental, and demand requirements and shall consist primarily of charts, graphs, tables, drawings, etc. Introductions, background discussions and detailed explanations are not anticipated. Text should only be included as needed to provide clarity. The report shall include: An evaluation of alternative waste stream reduction options indicating if the method addresses regulatory requirements, economic concerns, imumethei table should social in the report prepared by the Denton Area Solid Waste Technical Committee. A Gantt chart indicating the life of the existing landfill, the time period for the design and permitting the landfill expansion (assume a start date of July 1, 1993), and the schedule for design, construction, and starting of each waste reduction method recommended for Denton. R i i Page 2 A graph indicating the projected waste stream volume through the year 2030 and the impact of diverting waste with the implementation of each recommended method. A site plan indicating the amount of land needed, configuration, site concerns and ultimate site layout. Indicating the location of any proposed facilities for alternate disposal facilities. A brief description of each alternative method including description, size, capital cost, operating cost, rate impact, pros, cons, indicating if the method is appropriate for Denton or what waste stream volume is necessary for a cost effective operation. Other presentation data as needed to adequately present the Engineer's plan and to reflect their capabilities. Denton is a municipal. electric utility proviuer. The electric utility could benefit from a waste to energy facility and may justify in participating up to fifty percent (50t) of the capital i cost. The Engineer should visit with representatives of the electric utility when evaluating waste to energy alternative. The Engineer shall provide ten copies of the report on or before April 12, oas$ 1993. The Engineer shall present their report to the Public Utilities 1unBrd at their regularly scheduled meeting on Monday, April notified otherwise. KZORMATION P1tOVIDBD BY TSB _ CIS 1 Denton will provide the Engineer with: One copy of Section 5 of the 1993 Municipal Utilities Forecast, Solid Waste Utility. One copy of the report by the Denton Area Solid Waste Technical Committee. Copies of existing drawing, plans, etc., as requested by the Engineer. Cti[ ZKSATION Compensation will be based upon actual salary times a multiplier of 2.25 with a fee not to exceed Nine Thousand Five Hundred Dollars and No Cents ($9,500.00). Actual salary is the base salary paid to employees for the time actually spent working on the project, at the rates sham in Exhibit A attached hereto and incorporated by reference herein. Y 1 Page 3 The multiplier is intended to recover a portion of the cost normally associated with operating overhead, profit and salary overhead {benefit}. Since a significant purpose of this assignment is marketing and since marketing is usually included in the multipliers, they have been set at an appropriate level. Sir.^e Denton will receive a certain amount of benefit from the Engineer's efforts, an appropriate amount of compensation is provided for. J Compensation will also include the cost of direct services and subconsultants at a multiplier of 1.00. Upon delivery of the reports, the Engineer may submit an itemized statement for services and Denton will make a single payment for all services rendered. ACOPTAM : We accept and agree to the erms and conditions included herein. Llo Harrell, City nager HDR Engineering, Inc. City of Denton ill r A est Attest i i l i f 3 V FFlM1Gtl i Exhibit A Personnel Category Base Salary Rate per Hour Principal-in-Charge $50 - $55 Senior Engineer $29 - $40 Project Manager $23 - $25 j Project Engineer $23 - .$25 t Technician $ 9 - $22 CADD Technician $:7 - $20 ~k Clerical $12 - $15 f E i i { 1 00000 oanoaa~ohooo~ A. r p a o a x000 i k ~ { {V/i fly! it 4 I f:\YPDOCS\K\HWE AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and Hope, Inc., 1213 N. Elm, Denton, Texas 76201, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assistance to the homeless families; and WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this contract j and all matters pertaining thereto; and 1 WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the per- formance and accomplishment of the conditions hereinafter described. 1 TERM This Contract shall commence on or as of October 1, 1993, and shall terminate on September 30, 1994, unless extended by the CITY. Requests for extension must be in writing and are to be submitted to the Community Development office on or before the termination date. II. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, described in the Work State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive officer to be CONTRAC- TOR's representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. The CITY'S Community Development Administrator will be CITY'S representative responsible for the administration of this contract. 1 III. CITY'S oBLrGATION A. Lisit of Liability. expenses incurred pursuant CITY will reimburse CON budget includ,d as a Part hExh reto in with B. ibit accordance TRACTOR .for provision et the ContractoP Notwithstandinthe project obligations made or incurred tithe total of all Paymentsg any other sum of $15,000,00, by the hereunder shall not and other exceed the be Measure of Liabi.titp. satisfactory services and activities hereunder b,tion shall make payments Of fall and hereto and incorporated CONTRACTOR T based on the Budgg attetatt c attached ject to the limitations and Purpoues as ached herein and Section VIZ of this Cont act isions Exhibit H, suty_ set forth in this Section j (1) CITY shall not be thereof which: liable for any cost or ~ portion (a) has been (a payment been Paid, reimbursed or is subject to or source; reimbursement, from any other j (b) was incurred prior to the be I or after the endin ~Jinnin i Section I1 9 date g data specified in j (c) is not in strict terms of this Contract accordance with the attached hereto; or ► including all exhibits (d) has not been billed to CITY within thirty (30) calendar days following billing to cON- TRACTOR, or termination of whichever date is earlier. the Contract, (2) CITY shall not be liable thereof which is incurred with resct to any a TRACTOR requiring for any cost or portion after CITY Prior written authorizationcfrom y of Coo- ing such action quested that CONTRACTOR furnish data cGncernr CITY advises prior to proceeding further, until CONTRACTOR 'OR to proceed. unless and (3) CITY shall not be obligated or liable Contract to any party other than CONTR,CTOR for ma?iea or Provision of under this any goods or services, payment of any r PAGE 2 t Etl l Ai{ ti 4ti f~ 1 IV. COMPLIANCE WITH STATE and LOCAL LAWS CONTRACTOR shall comply with all laws of the United States of America and the State of Texas and ordinances of the City of Denton in the performance of this contract. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the i person signing the contract to enter into this Contract. CONTRAC- I+ TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has sus- pended or terminated this Contract for the reasons enumerated in ` this Section. I 1 D. CONTRAC-FOR agrees that the funds and resources provided ' CONTRACTOR under the terms of this contract will in no way be sub- stituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. VI. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the Work Statement, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Contract. No modifications or alterations may be made in the Work State- PAGE 3 ens . qn U Vy ment without the prior written approval of the City's Community Development Administrator. VII. PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $15,000 for services rendered under this Contract. CITY will pay these funds on a reim- bursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. Those CONTRACTORS who fail to request reimbursement on a timely basis, may jeopardize present or future funding. 8. Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has I( been paid by CITY and which CITY at any time thereafter determines: I (1) has resulted in overpayment to CONTRACTOR: or (2) has not been spent strictly in accordance with the terms of this Contract; or (3) is not supported by adequate documentation to fully ' justify the expenditure. C. Dsobligation of Funds. In the event that actual expendi- tures deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the ? right to reappropriate or recapture any such underexpended funds. D. Contract Close out. CONTRACTOR shall submit the Contract close out package to CITY, together with a final expenditure re- port, for the time period covered by the last invoice requesting reimbursement of funds under this Contract, within fifteen (15) working days following the close of the Contract period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. VIII. WAPJU NTIEs CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. PAGE 4 IT, d i~ B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR related to the program described in Exhibit A. D. None of the provisions herein contravenes or is in con- flict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance unuer the terms anO conditions of this Contract. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ir,g and shall be deemed to have been repeated k)y the submission of each request for payment. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of CITY's Executive Director of Planning and Development or his authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mort- gages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the per- formance of this Contract and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of PAGE 5 I 9j its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. Z. DLLOWABLE C08TO A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in corpliance with this Contract and in conformance with the standards and provisions set forth in Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval of the expenditure of funds, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be con- sidered allowable costs: j (1) Encumbrance or expenditure during any one month + period which exceeds one-twelfth (1/12) of any budgeted line items for costs as specified in Exhibit B. (2) CITY shall not be obligated to any third parties III including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are con- ducted. (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requasts for prior approval are CONTRACTOR's responsi- bility and shall bs made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of PAGE 6 ~i i~ I 5 Ij this Contract must be conducted in its entirety in accordance with the provisions of this contract. X1. MAINTENANCE OB RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for financial management. CONTRACTORfs record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any ap- plicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. ! I B. CONTRACTOR agrees to retain all. books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. six. REPORTS AND IN70RHATION At such times and in such form as CITY may require, CON- TRACTOR shall furnish such statements, records, data and informa- tion as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit regular performance reports to CITY no less than once each three months, with the first °eport due on or before December 1, 1993. The perfarmarn:e repo:^t shall detail client information, including race, income and other such statis- tics required by CITY. CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting %s of the beginning date specified in Section II and furnish to CITY quarter- ly a report of all income received and funds expended. Tho first PAGE 7 such report is due on December 1, 1993. If the agency receives federal funds in excess Of $25,000, from any source, or if for any reason an independent audit is conducted, the CONTRACTOR agrees to submit an audit conducted by independent examiners within 10 days after receipt of such, XIII. NONITORIDO AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this contract. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systews and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring p=ocess as requested by CITY staff. E. After each official monitoring visit, CITY shall rovide CONTRACTOR with a written report of monitoring findings. p F. CONTRACTOR shall submit copies of any fiscal, management; or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. XIV. DIRzcTORSo NESTINOs During the term of this Contract, CONTRACTOR shall cause to be delivered to 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 CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all be available to CITYmwithinsten (10) working CONTRACTOR daysgoverning bray shall approval. PAGE 8 'i I rv. INGURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Contract. B. CONTRACTOR shall obtain, for the premises on and in which the activities described in Exhibit A are conducted, and for the employees conducting these activities, premise liability insurance, 1 commonly referred to as "Owner/Tenant" coverage, with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR, All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. f E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR. i ZVI. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Contract. ment opportunityCand affirmative comply acwith tion l laws or regulatiolns. C. CONTRACTOR will furnish all information and reports re- quested 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 CONTRACTOR's non-compliance with the non-discrimination requirements, city may cancel or terminate the contract in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. PAGE 9 :.N4 k , I XVII. PERSONNEL POLICIEs C'ONTRACTOR shall establish and maintain personnel policies which shall be available for examination. Such personnel policies shall: i A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- ment salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XVIIi. CONFLICT OF INTEREST A. CONTRACTOR 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. CONTRAC- T ` TOR further covenants that in the performance of this Contract, no IE person having such interest shall be employed or appointed as a member of its governing body, B. CONTRACTOR 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 motivc.ted 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 CITY and no member of ita governing body who exercises any function or responsibilities in Vhe review or approval of the undertaking or carrying out of thiP Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any i 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. XIX. "POTIOX CONTRACTOR 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 CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother., sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-chid, half-brother and half-sister. PAGE 10 r XZ. YUNDING APPLICATIONS noti preparingCONTRA submitting any app i ationYforafundi g for CON thet proR rim described in Exhibit B in accordance with the following procedures, A. When the application is in the planning stages, CON- TRACTOR shall submit to CITY a description of the funds being appiied for, and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effact, if any, of such funding on the funds and such notice shall be submitted to CCITY,(sinc writing,d within hereunderten (10) working days of receipt of the notice award by CONTRACTOR, of award or funding together with copies of the budget, program description, and contract. C. CONTRACTOR shall not use funds provoridedtchere directly or indirectly' as a contribution, ~ wither a al tions to obtain any federal or private funds underranyrfederalcor private program without the prior written ccasent of CITY. XXI. E CHANGES AND AKENDMENTS A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both parties, except when the terms of the Contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among ap- proved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this contract. C. CONTRACTOR will submit revised budget and program in- formation whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood n changes in the state, Federal or locald lawby the s or regulati nsrpursuant hereto may occur during the term of this Contract. Any such modi- f without written amendment ications are to be automatically incorporated into this Contract hereto, Contract on the effe tive date specified by the laws or regulutione E. CITY may, from time to time during the term of the con- tract, request changes in Exhibit A which may include an increase PAGE 11 i or decrease in the amount of CONTRACTOR's compensation. Such changes shal2 be incorporated in a written amendment hereto, ae provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Sudget Detail incorporated in Exhibit B shall require the prior written approval of CITY. 1 CTOR in physical0 locat 0 on agrees to notify performed CITY undernthis proposed Contract change t least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the perfoance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXII. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to 1 CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the aefault or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar daye. At the and of the suspension period, if CITY determines the default or deficiency has been sat- isfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension pntoeriod. If. ce,e the provisions ofe5 Section XIII may be effectu- ated. XXIIZ. TERMINATION I A. CITY may terminate this Contract with cause for any of ' the following reasons: (2) CONT22.1CTu.~'s failure to attain compliance during any prescribed period of .suspension as provided in Section XXII. (2) CONTRACTOR's violation of covenants, agreements or quaranteea of this Contract. (3) Termination or reduction of funding by the United PAGE 12 u :!s r: States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Contract; (b) has allocated inventory to this Contract substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this contract in the ordinary course of i business. I (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section IV, and Section XXI (D), of this Contract. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to i which C" TRACTOR is bound or shall be bound under the terms of j the Crnc :act. CI'T'Y shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. B, CITY may terminate this Contract for convenience at any time. If this Contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Contract, less payments previously made. C. CONTRACTOR may terminate this Contract in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRAC'T'OR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as uefined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this PAGE 13 i~ 1., 1 Contract. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expers.:,a, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. YZIV. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity j ( against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted f or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of a„v person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXV. XISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising there- nder, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. B. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the c:-iginal intent of both parties hereto. XXVI. CONFLICT OF INTEREST A. CONTRACTOR 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. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a PAGE 14 member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or it staff, subcontractors or employees shall possess any interest in or use his position for a p -pose that is or gives the appearance of being motivated by desit- 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 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. ZYVII. INDEMNIPICATIOY A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent f contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account ' of, any olaims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or con- tractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent oaused by the willful act or omission of CITY, its agents, employees, or contractors. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to ba a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to thin Contract, whether PAGE 15 } written or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this contract. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Contract, all official communica- tions and notices among the parties shall be deemed made as of the date mailed if sent postage paid to the parties and address set for below: TO CITY: TO CONTRACTOR: City Manager Barbara Atkins City of Denton HOPE, Inc. 215 E. McKinney St. 1213 N. Elm Denton, Texas 76201 Denton, Texas 76201 IN WITNESS OF ICH hi Contract has been executed on this the day of , 1993. 1 CITY OF NT ON BY: D HAMBELLI TY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP?ROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 16 f t I HOPE, INC. BARBARA ATKINS ATTEST: SECRETARY E I I i i PAGE 17 EXHIBIT A WORK STATEMENT HOPE, INC. TRANSITION HOUSING PROGRAM The purpose of the project Is to assist families who are homeless, or potentially homeless toward establishing and maintaining self-sufficiency. The funding requested would provide rent and utility assistance, and limited other financial aid, as determined by the needs of the transitional housing families. The transitional housing program would maintain up to five families at a time, and rent and utility assistance would be for a period of 12 to 24 months. f I HOPE, Inc will assist the oansitional housing families with assessment of educational or vocational skills and training, with budget skills, with job search skills, and with counseling or other social ~ I services. HOPE will also monitor an a weekly basis records of expenses Incurred, receipts, and proof of family income, It is anticipated that client families who are in the transitional housing program will be: able, after the one or two year assistance period, to improve their situation enough to be abke to afford decent, safe, and sanitary housing without the need for rental assistance and continuing emergency aide from Denton agencies ' 30-90 DAY CLIENT ASSISTANCE PROGRAM Provision of rent, utility and food assistance to homeless and potentially homeless families for a period not to exceed 90 days. F, 1 HQ 817.382.0609 P.O. Box 50946 Denton, Texas 78206 HOPE, INC. PROJECT BUDGET FOR TRANSITION HOUSING AND 30 90 DAY CLIENT ASSISTANCE PROGRAM Personnel Costs: 2,000.00 Case management up to 20 hours per week f Client Services:.......... • 8,000.00 Rent, Utilities, and other Financial Aid TOTAL $10,000.00 I ~ Support of Client Families, 30-90 Days:........... 5,000.00 Rent, Utilities, Food TOTAL $ 50000.00 , i i i i I j i HOPE. Inc. 0 a Non-Profit Or9enlzatlon endorsed by the Denton M;nlalere' Associstlon rR'4 Aa~ AOO0ao0Qo dQQQ(]aOOOOOO A. p0 0Z a~ a ~ a p o r oDOOOOOO4Q ~D~~0000 Qp40 I i L I ' I 3 i' CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON 5 THIS AGREEMENT, made and entered into this i6 day of MARCH A.D., 1993 , by and between _ THE CITY OF DENTON of the County of DENTON and State of Texas, acting 1 Y nrough W&YD V Ep1RRELL 1 thereunto duly authorized so to do, hereinafter termed "OWNER," and !f pD1tSd CO., 3020 FP. WORTH DRIVE, DENTON• TEX)L. 76201 i DENTON of the City of nENTON , County of and State of _ TEXAS hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and k 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 i 1471 P,ARKM LOT - CIVIC CENTER/SWI14MING POOL in the amount of $151,882.00. 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, superintenden.e, labor, insurance, and other accessories and servicea 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 v al; maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENMN ENGINAMIG 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 !ot be (:teemed 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 Ci-%:y 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 o injury to property or third persons occasioned by any error, omission or negligent a...'t 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 J This agreement shall be governed by the law of th9 State of Texas and venue for its construction and enforcemert 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 oomplete 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 thu 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 thti Contract. I CA - 2 : } IN WITNESS W)"'-EOF, the parties of these presents have executed this agreement in the year and day first above written. 'AEST: r CITY OF !D i OWNER By (SEAL) ATTEST: JAGOE PUBLIC COMP CONTRACTOR - - By i le i (SEAL) 1 APPROVED A4 TO FORM: `p`ity Forney ~I CA - 3 PERFORMANCE BOND STATE OF TEXAS 5 COUNTY OF DENPON 5 KNOW ALL MEN BY THESE PRESENTS: That JAGOF PUBLIC COMPANY of the City of DENTON` County of n N and State of gpgA,S as PRINCIPAL, and , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are i held and firmly bound unto the ~ THE CITY OF DENTpN E as OWNER, in the penal sum of ONE etne7~8n Fly ONE THOUSAND EIS E! 9UNDRED EIGHT TWO AND no/200---- - Dollars ) 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: I t WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of 19._32, for the construction Of BID 1 1471- PARKING LOT - / CIVIC CENTER/ SWT t e amount of 151 8$2.04 which contract is hereby referred to and made a part hereof fully and to the same extent as if copieJ at length herein. as i NOW, THERFFORE, the condition of this obligation is such, that if the said principal shall faithfully shall in all respects, conditions and perform eements i n and rbct and contract agreed and covenanted by the Principal to be observedsand 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 Stdtutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, 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 a PROVIDED FURTHER, that if aannyt'legal action be filled upon this bond, venue shall lie in Texas, county, State of Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of tho contract, or to the vork 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 ext then erms such oghathe c ntract,n or tto a ,theltworkl too be dper fon ed thereunder, >>erform IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 93 16th day of 19 March JAOOE-PUBLIC COMPANY SEABOARD SURETY COMPANY Principal Surety By ~ " ' ~gOJ~flrt~ riZ ~ fl 1A ~o a.rr, Titl " Title Rosemary We er Address:--P---- 0, Box -250 I Address: Burnt Mills Road and Route 206 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: W111it Corr°°n C_- coriatlon oC Texas (Dallas Division) Lincoln Centre IT, 5420 LBJ F'raewa Y, Suite 1400 Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to dates of Contract, PB - 2 PAYMENT BOND STATE Or TEXAS 5 COUNTY OF DENTON XNOW ALL MEN BY THESE PRESENTS: That JOE PUBLIC COMPANY of the City of DENTON~ County of nENTON and the State of _rext♦s as principal, and EABr;,ND authorized under the laws of the state of Texas to act as sure bonds for principals, are held and firmly bound unto ty on THII CITY OP DENTON ONE , OWNER, in the penal sum of ONE HUNDMM rim + TBUUBAND EImT gpRFD E,IGBTY DaQlare no/~t00 `$--1•as2 00 ) pal for the payment whereof, the said Princi and bind themselves and their heirs, administrators, executors Susuc essors {I( and assigns, jointly and severally, by these presents: I WHEREAS, the Principal has entered into a contract with the Owner, dated the certain written f 19 gg 16 day of MARCH If BID y 1471 - PARKING LOT - CIVIC CEWER/SWIMMING POOL to which contract is hereby referred to and made s ' part hereof as fully and to the same extent as if copied at ).ength herein. that if now, said THE CONDITION OF THIS OBLIGATION IS SUCH, the aid Principal shall pay 311 claimants supplying labor and material to him or a subcontractor in the prosecution work provided for in said contract, then this obligationshalltbe void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is exer•}ed pursuant to the provisions of Article 5160 of the Revised C. Texas as amended by the acts of the 72nd it statutes of Session, 1991, and all liabilities on this bond shall be determined in accoruance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 r 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 waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to he performed thereundet'. i IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this i6th day of M<<rLy 19 93 . JAOOE-PUBLIC COMPANY SEABOARD SURETY COMPANY Principal surety _ Rosemary Wea er Title + Attornev~$.n-FBCt~ f Address:_P,0„`Box 2'0 Address: Burnt Mills Road and Route 206 ~~.nton, Texas 76202 _ Bedminster, N.J. 07421 c E (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Gillis Corroon Corpor - ,ion of Texas (Dallas Division) Lincoln C entre 11, 5420 LBJ Freeway, SU1te 1400, Dallas, Texas 75240-2652 PS-4 MAINTENANCE 13OND THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS; That JAGOOE PUBLIC ~AN a as Principal, and ABOARD SURETY COMPAN: a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be helr and bound to pay unto the City of Denton, a Municipal corporation of the State f of Texas, its successors and assigns, at Denton Denton County, lI Texas, tt sum of~F'IFTF.EN THOUSAND ONE HUNDRM gl~ ~IGM and 20/100- Dollars 15,188,20 the contract for the ten (10%) percent of the total amount of do here-by bina themsepayment of lves, their which and severally, ndl assi gnsa,sdjointly This rsbligation is conditioned, however, that: WHEREAS, said JAGOF PUBLIC COMPANY ( has this day entered to a written contract with the said City of Denton to build and construct 131D # 1471 - PAIRIUNG LOT - CIVIC POOL - 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 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 acceptances 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 ME-1 r accordance with said contract and supply such materials and charge the same against thE, said Contractoretyandshailtls surety on this Obligation, and said C„ntractor and sur damages in said contracr for each day's failure onbe stheubject to the part of said Contractor to corplY With the terms and provisions of said contract and this bond, NOW, THEREFORE, if the said Contractor shall erform its agreement to maintain said construction and keep same in rep it for the maintenance period of one (1 provided, then these ) year, as herein and said contract further effect presents shall be null and void and have no r 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 conditions herein provided until t.ha full amount of this bond shall have been exhausted breaches of the obligation to , an'i it is further understood that the maintain said work shall continue throuhut said mai:it.enance period, and the same shall not be changed, diminished, 71 1 or in any manner affected from any cause during said tame. IN WITNESS WHEREOF, the said _.JAooE-PUBt,rr as Contractor and Principal, ~MY has caused these presents to be executed by and the said SEABOARD SUR6'rY CnMPANNy as surety, has caused these Attorne presents to he executed by its I y-in-Fact Roseman9 Weaver and the said Attorney- in -Fact has hereunto set his hand this 16th day of March I I SURETY: PRINCIPAL: SLABOARq,y COMPANY ' JA(;OE-PUBLIC COMPAN 'G BYJ ----..1~3E~d~Y 4~'r•~VAr Attorney-in-Fact - MB - 2 Cefted Copy SEAROAPM SURM C0UVF. 7 6 ( 7 No. 11205 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Jerry P. Rose or Linda O'Nale or Robert Stoeck or John R. Stockton or Rosemary Weaver of Dallas, Texas its t rue and lawful Attorney-in-Fact, to make, execute and delllrer on Its behall Insurance policies, surety bonds, undertakings and other Instruments of similar nature as follows; Without: Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed b; the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By.-Laws which were duly adopted by the Board of Directors of the said Company on December 81h, 1927, with Amendments to and Including January 15, 1982 and are still in full force and effect, ARTICLE VII, SECTf0N 1. Polklw, bonds, recoonfaanon, stlf+ul Mors, consents of surety, un w, Ing unMrtalgnga ant Instruments retailing I m Lox rich po l ie i es, bonds, recogn izances, st l Pu I stions, coil se nis of surely a. rd a nderwNl i no u nderta k I no s of the C ompon y, arem poses, ag reem on to and of he r writings relating ir, any way thereto or to any claim or loss thereunder, shall be Signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice-President or a Rwidorl Vice-Presidenl and by the Secretary. an Assislanl Secretary. a Residenl Secretary or a Resident Assailant Secretary. or (b) by an A(lorney-in-Fact (m rho Company appointed and authorized by the Chairman of the Board the, president or a Vira-P,esident to make such signature, or (c) by such other offices or representatives as the Board may from time to lime delermine. Me seal of rh, Company shall if appropriate be affixed thereto by any such officer, Attorney- in-Fact or repiesentativit - IN WITNESS WHrnof, SEABOARD SURETY COMPANY has caused these presents to be Signed by one of its Vice- Prestden(s, and its curpt; Its seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 6th day of DeQeulb.er. . 19,.9.1 ,'~Sfxf/rr p A v 1. Attest: SEABOARD SURETY COMPANY, , 1 ' ,927 ~K I Q grunt«+:(Seal By A i a Secrdtary C.~.. STATE OF NEW JERSEY Vrca•Presrdant COUNTY OF SOMERSET as. On this _ _115th do r, of December 1991 _ before me rsonall appeare r NiabSS1 A... XmA71_. a Vice-President of SEABOARD SURETY , Pe Y MPAN d with whom I am personally acquainted, who, being by me duly sworn, said [hat he res desIn t eSttate of New. Jervay Y; !heat "e is a Vice-President of SEABOARD SURETY COMPANY, le corporation described in and which executed the foregoing nntrument; that he knows lhecorporate seal of thesaid Company; that theseal affixed to said instrument iasuch corporieteaeal; that if was so affixed byorderof the Board of Directors of said CorgRany; and that he signed ho name thereto as Vice-President of said Compan by like authority. tlC; hl. ZUBr'"t Fs NOTAfIY PU:Y .r• (Seal) l'on:uusG1 IJJb CE RTIFICA TE el f. Ied Assistant Secretary of SEAS OAGO SU RE TV COMPANY d o hereby c lily tnsl the original owerr ' a lot, Iruo and coffer I copy, is in full lorce and effect on the date olthis Cerlificale and l do further certify trial the Vlce. Pfosldenttwh executed lr,e raid Power of Attorney we! Ono of the Officers authorized by the Board of Dlreciurv to appoint an aiturney-in fact as provided in Article VII. Sxflon 1, of the By-Laws Oil SEAEOARDSURETY COMPANY . this corti may he signed and soiled by facsimile jndarand byauthor0yof the following resolution of (he Executive Comm,llee of the Board of Directors of SEABOARD SUREIY COMPANY at a meeting duly celled and held on the 251h day of March MID. "RESOLVED. (2) That rho acs of a premed facsimile of the corporate seal of the Coinpbny and of the vgnafure of an Assistant Secretary nn any cerih anon of the correctness of acopy of an instrument executed by the President or n Vice-President pu rsuanl to Arllcle VII, Section 1, o11he By-Laws appointing and authorizing an alloy nay-in-fact to sign in the rump and on behalf of the Company suraly bonds, underw!ibng undarlakrrgs m other insVumenls described in said Arlicte Vtf Section I, with like effect as 11 aLICIse ;l and such signature had been manually affixed Sr;d made, hereby is auerorited and approved." rESS WHEI have hereunto set rl) h_ d gnj{e_ffixed the corporate seal loof~hjCon psny to these presents This r, J ~,Th day of ~(d 1Lt•f~~ 1(...N3 , 19,rsh27 wD 4 it M 4 \~\!"r «`~1 Asst Iant Secretary Form e57 INev 7r84( r' . ilia r i I"r III ,i,IL, ~I 'Irr(r' 'rr I 'i i IWWANT NOTICE TO OBTAIN INFOWATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFOWATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY wRxTE TilE TExAs DEPARTMENT OF INSURANCE: I P. 0. Sox 149104 Ausnu, TX 78714-9104 FAx #(512) 475-1771 PREMIUM OR CLAM DISPVM- ' SHOULD YOU HAVE A DISPUTE CONCERNING YOUR j PRO4IUN OR ABOUT A CLAIM YOU SHOULD CONTACT THE 3 AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RE soLVED, You NAY CONTACT THE TEXAS, DwARTmw OF INSURANCE. ATTACH THIS NOTICE TO Y= POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR COMMON OF THE ATTACH DOCIMENT. CITY OF DENTON INSURANCE REQUnWAMWS FOR CONTRACTORS eidderre attention is directed to the insurance requirements below. xt is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Hid submission the availability of insurance certific endorsements as prescribed and provided 4 r in. If an ap a rfi and bidder fails to comply strictly with the insurance requirements, r 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. f Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall prov!de 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 De artmcnt ` ask for clarification of any insurance re uir p however, Contractors are strongly advised ements at any time; prior to bid openin to make such requests modified or waived afteribid openinguunless are written excepttionthas work or deliver been submitted with the bid, Contractor shall not commence any materia that the contract anyam beenl acuntil be oeptedg ; she receives notifies tthe City of Denton, approved, and signed gaed byy the All insurance policies proposed or obtained in satisfaction of these requirements shall comply Specifications, and shall be mintainedh in hcom following general with th general specifications throughout the duration of the Contract, or ese 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 CI - 1 1 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 0 Liability policies shall be endorsed to provide the following: 00 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 madelor suitris brought. The inclusion of more than one I insured shall not operate to increase the insurer's limit of liability. E 0 All policies shall be endorsed to prior written notice of cancellation,e non-renewaldaor reduction in coverage. 0 Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage wcontithoutnuousl lapse, tora throughout period term three this years contract beyond and, 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 j limit providing for claims investigation or legal defense costs to be included in the general annual are l, the contractor shall either double the occurrencealimitsior obtain owners and Contractors Protective Liability Insurance. 0 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 nottreinstated, effective City may, the fits esole date. option, insurance this agreement effective on the date of the lapse. 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: f CI - 2 I [X) General Liability Zna rane 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 excess policies, i If the Commercial General Liability form (ISO Form CG 0001 current ediLien) 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 1 from explosion, collapse or underground (YCU) exposures. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X) 7lutomobil• L ~ tv 2nsurancef 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-ownership use. (ISO Form CA 0001 Current Edition) (XJ Xgrker/ CoL"Z i J2 Twauranat Contractor shall purchase and maintain Worker's compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insuranco, has Employer's Liabiiity limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for CI - 3 {v N I SS I I JI occupational disease. The city need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. I~ 4 i I I I CI - 4 J PUI'(CHASING DEPARTMENt City of Denton BID INVITATION 901.8 Texas St. Denton, Texas 76201 CITY OF DENTON. TEX4$ Date FEBRUARY 4, 1993 BID NUMBER 1,471 BID TITLE PAVING IMPROVEMENTS CIVIC CENTER & POOL PARKING LOTS Sealed bid proposals witl be received until 2:00 p.m. ADDENDUM #I FFIRFRUAB~Y_23. 2 1993 at the offlce of the Purchasing Agent, 901.0 Texas St., Denton, Texas 76201 For additlonal Information contact I PURCHASING DEPARTMENT 90 1 a Texas Street Office Denton, Texas 7e201 817.393.7100 811°2DFW Metro 67.0042 I INSTRUCTIONS TO BIDDERS 1. Seated bid proposals must be recelvsd in dupllcele, on this form, prior to opening date and time to be considered. Late proposals will be returned unopened, 2 Bids shell be plainly marked as to the laid number. name of the bid, and hid opening date an the outside of completely "Sealed envelope, awe nnulrrf or delivereA to the Purchasing Department, City of Denton, 901 •8 Texas St., Denton, TX 78201. a Any submitted ortlcln deviating from the specifications must be Identified and have full descriptive date accompanymq tattle, Or It Will not 60 conalderod, I 4" Aft met vials are I( ''t 09 Denton, Texas, delivered to the floor of the warehouse, or as otflerwibe indlesled. 3 Th a Gty o~ Dsnta •,q the right to accept separate !Isms In a bld'unleas thl's right le denied by the hldder. b. In oars of default ,i utance, the City of Denton, Texas may at Its option hold the accepted bidder or oontractur liable for any and .ul ,w,,)f w,, ncrsaaed coats as a Welty for such defeuft. 7. TM City Of Denton reearves the right to reject any and all bide, to waive all Informalities and require thal submitted bide remain In Toros for a sixty (60) day period after opening or until award Is made; Whlchever comes first, Q The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract pcr!od, 9. The Items an to be priced each net, (Pw hk ping or shipping quantities will be coneldered,) 10, The Purchasing Department assumes responsibltlly for the correctness and clarity of this bid, and all Informatlon andlcv questions pertaining to this bid shall be directed to the City of Denton Nurchasino Agent. , 11, Any attempt to negotiate or give informallon on the contents of this bid with the Clly of Denton or Its rrpresenfatlves prior to sward shall be gounde for dlequallllcatione. 12 The conditions and farms of this bid will be considered when evaluating for award. , 11. The sty of Denton Is exempt from all sales and exolse taxes, (Attlcie 20,4.8) ' •~'r ' :'~t`?I>tx4i~etrrlh~'h~4:, .i7;;ix• t,#Y` ADDENDUM r~ "Civic Center pool parking Lot and Civic Canter Parking Lot 1. please illsertnow bid tabulation sheets for Civic Center Pool Parking Lot,,{P-3 & P-4)'.-; Delete old bid tab sheets (P-3 & P- 4) in the specifications. the specifications have been changed 2. On sheets B 2r and 8G-3; to allow for a May 14th completion date for the Civic Center i Pool Parking Lot rather than April 30th. i k' y perform the deleted wrk from the "and 3. All in The City ofo Denton will have been contract 4. Please insert, now plan sheets 5a through 7a into the construction'plans. Delete old sheets 5 through 7. ~ 8:~'' Please insert new stieei SC-5 and delete old sheep SC-5 and sheet SC-11' in the specifications. t t r, i f i t. 4 R Y . 1X1 ,r , y r i r ;•/5,;~,k, ; !'isli'i~"~A ~.sS.~A`.AU!'tn, 4 4. I WORK DAYS 30 ~J,vic' Center Poo,] P ~g Lot BID NO, SID TABULATION SHEET ITS DESCRIPTION QUANTITY UNIT UNIT PRIZE TOTAL e-.7L 1.21 Contractors Warranties - LS and Understandin a $ 00 SOD 3-8 Remove Concrete Curb and 70 Gutter LF $ 'Co /LF $ 3.3 Unclaealfied Excsoation _ 482 1 Cy 1 $ /c;, s 4.6-8 6" Lime Treatment of 1,416 SY $ Sub cads nq /SY $ o0 4.6-A Type A Hydrated Lime 20 Tpn $ na0a /7,N S ~ Slurr 6 5.7-A 2 1/2A Asphalt Pavement 1,317 BY $ 00 S_ $ Type cA -4, sp4, 5.7'8 T 1/2a Asphalt Pavement 1,317 SY $ Op /SY S ap 5.7-C NateriaAsphalt Patch 2 Ton $ dr/TN $ _ 0, 8.2^A Concrete and Gutter 584 LF I ~ so /LF 411 ob 8.2 8 Doweled c, norete Curb 287 LF $ 50 /te $ Sa 8.3-A, d" Concret - Ldewalk 121 SY S /Sy S II 8.3-$', 6" Concrete Driveway 33 3Y $ O4 /SY $ po 5.8-0 6 Concrete Valley Butter 14 SY $ /Sy $ to f~ ppi SP-2 r i .Q~ -^.+vcrete saw cut 12 LF $ LF oe / $ po Preparation of Right of Wa /LS 0 - 8.1 Barricades, Detours and - L5 Warn i. nn S1 no $ Z _ /LS S ai SP-37 Project Sign 1 EA $ 4 /EA $ cl 3•A Remove Conc. Pavement 14 SY $ dd /SY $ - .5G h: x,61++? FY d ' {:'i P 3 WORK DAYS 30 _ ~~vj ceziter Pool Per, c~~ BID NO. BID TABULATION SHEET _ ITEM DESCRIPTION QUANTITT UK~T UNIT PRICE TOTAL r.! Labor and,Naterimis $ inco rated into Pro~ect Other x TOTAL'' rV4, n 777' w.,'.'I+liR't1/• f aR .r (~15 iii ft-f. Cpl 1 °q~4 ty7.i ~~y I~r1~t~ 0 ~i_ i'~t~ 1~~.,;' hAi R'k~i '/4 r'~itFfY~"" t.l,.'br v~ ~ 1~V,,4a ~1`r~'~N•f, q' f o SS~~ ,YY K1. Pr + al;, It r 9 ' VfYSY~/W aJ~n~ty . 1 SP-34 Proiee Rions signs advertising the Construction Project shall be placed in strategic points with lettering as needed to adequately describe the work. Theses two signs shall be plt.csd prior to beginning work and maintained until the end of the project. No payment shall be made to the contractor for maintenance of these signs. Sign shall be constructed with 3/4" weather treated plywood. Sign shall be painted white with blue letters And symbols. Latter site shall conform to dimensions shown below„,' Exceptions or variations from the sign shown below shall not be'allowed. Payment: Payment will be at the contract unit price for each Project Sign installed. i l; 1 f . CITY OF DENT f ,.~ARKS AND r ECREATION DEPT, rL>R11CAT= r ~WALtTY„ . ' PROJECT NAM DIRECTOR of ' P mast 04RKS AND mmovi xm NAM in" CUM RICH DWGAS AUJRESS~ ' esal~ars >ee ezn PHONE w 5C-!~ WORK DAYS _ 30 4~!J~S~t1i~@~Yool Parkino Lot BID N0. PO NO. M4U~ AID TABULATION SHEET IT'!!N LESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 13.3 .21 Contractors Warranties - LS $ /LS $ and Underctandinsa -8 Remove Concrete curb and 464 LF $ 5C /Lg $ utter. cu Unclassified Excavation !i 802 CY $ c~ /Cy $ 4.6'8 6" Lime Treatment of 1,416 BY $ /Sy $ Su rads 4.6-A Type A Hydrated Lime 20 Won $ 0 n; /TN $ 83urr 5.7-A 2 1/2" Asphalt pavemant 3,317 SY $ - /SY $ 5.7--8 T 1/2D Asphalt Pavement 1,317 SY $ /SY $ 5.7-C Type D Asphalt Patch / 2 Ton Material S t» /TN $ 8.2-k Ccncroste Curb and Gutter / 5E34 LF 54 /LF $ 8.2-8 Doweled on Concrete Curb,/ 287 LP $ I-C, /LE S B.S~ Faint Striping - LS $ /L8 $ f 8,3-A 4" Cuncrete Sidewalk 121 SY $ /Sy $ 8.3-6 6" Concrete Driveway 33 _ BY j S /SY $ 5,8-8 6" Concrete Valley Outter. 14 Sy f $ /SY $ SP-2 Concrete saw cut 12 LR S /L! $ 3.8 Top Soil 212 Cy 5 /CY $ 3.1 Preparation of Right of - LS $ /LS $ We _ 8.1 8arricadee, Detours u,d - LS $ /LS $ Warning Signs SP-39 Project Sign 1 XA $ /QA $ 3.10.7+ Hydromulch 638 SY $ /Sy S 3.A RWKrve Cone Pavement V14 BY $ /Sy $ u., Item 3.10.7, Hydromulch may be replaced with Item 3.10.3 Seeding at the discretion of the engineer. P - 3 r V WORK DA'..S 30 L~Sc@AS•er Pool Parklna Lc BID 110. 1471 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Labor and Materials inoor rated 1.nto Pro Oct $ $ Other S $ { TOTAL i I 3.10.3• Seeding 638 Sr $ /SY k r t . i I * Item 3.10.3, Seeding may be substituted for Item 3.10.7 Hydromulch ■t the discretion of the engineer. P..4 Civic Ce_ n~ ter pe:rklna lot - g~B WORK DAYS BID NO. 14T~1 PO NO. BID TABULATION SHEET ITRX DZBCRIPTIOH 1. QUANTITY UNIT UNIT PRICE 21 contractors Warranties _ emu` and Understand inga LS $ / J100 n?, AS $ 3-A Remove Concrete P nt, to and Parkin Islands 169 sY $ y'c° /By $ 3-S Remove Concrete Curb and Gic Cutter s0 LF 5c !LF S 3.3 Unclassified Excavation C CY c4 /CY S 4.6-B 6" Limy Treatment of y r~Oc $u reds 7,994 SY / 4.6-A S ~ 7~ sY $ Tc Type A Hydrated Lime 108 $lurr roll $ c /TN $ 5.7-A 2 1A Asphalt Pavement Ala C"O 7,994 Sy $ 1,5 /Sy S 5.7-8 1 1/2" Asphalt Pavement ] zic D 7,994 BY $ /SY $ 5.7-C Type D Asphalt patch I 5.7-D Material 3 Ton /TN $ 8" Asphalt Pavement o' Valle Gutter 20 SY )'BY 8.2-A Concrete Curb and Gutter 85 L5, S ~o4/LF $ I 8'3-A 4" Concrete 5146walk 30 SY S ~G•, /sr $ ( SP-15 o Adjust Manhole 1 0 EA $ SP-2 Concrete saw t vC~ /EA S c= 20 LF $ 7.6.A " G or /LF $ 8 Special Recessed Inlet ' 10` 1 CA $ C. /BA $ 2.11.8 Inlet Frame G Cover 1 $ CA $ ~ ~fcy/ZA ne 8.9 Paint Striping " 7 - L$ $ C -'/LS 3.1 Preparation of Right of J Wa LS S O, /LS $ 8.1 Barricades, warning signs `f • and Detours - LS $ , /LS $ sP-39 Project signs- 04 ? CA $ 3.7 Compacted pill ~O /SA S 5~~0 ad. 440 CY SP-44 S o~ /CY S AO. a Concrete Bumper Block p' s 9 CA $ p - 9 WORK DAYS 40 civic Cen Ar Parr }q_j~ot - KKR Bid RID NO. . 1471 PO N0. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.8 Top Soil 5 CY $ /CY $ C 3.12 Temporary Erosion Control La $ /La $ 2a~ ZC6 Labor and Materials $ Inaor retied into Pro set S { other S TOTAL of ed 1 P - 6 WORK DAYS 45 wpi Civ j renter Parking Lot - Al+ernate Sid #i BID No. NO, NO, BID TABULATION SHEET ITBN DRBCRIPTION QUANT17r UNIT UNIT PRICE TOTAL 1.2; Contractors Warranties - L8 $ /LS $ and Understandings / C 550 ` ' 3-A Remove Concrete Pavement 273 BY $ /gy $ and Parkin Islands Z 3-e RReemo Gutter Concrete Curb and 117 L! $ /Lg $ 5= 3.3 Unclassified Excavatlon 890 CY $ /Cy $ tl - cr i 4.6-8 6" Liaw Truatment of 8,091 SY S 7 Jr /BY $ Z E - f 4.6-A Type A Hydrated Lime 110 Ton $ o /TN $ Blurry k,e ' 5.7-A 2 ype 1/2" Asphalt Pavement 7,752 S2' $ r A 5.7-8 1 1/2* Asphalt Pavement 7,752 SY $ l 0 /8Y $ ' 'Z ! 7GS, a' 5.7-C Type D Asphalt Patch 3 Ton $ Material 5.7-D 8" Asphalt Pavement 20 gy Valle Gutter $ ou /BY $ j0, po 8.2-A Concrete Curb and Gutter 50o LF $ /LF $ - Z C 5.8-A 6" Concrete Flatwork 13 SY $ /BY $ ' 8.3-A 4' Concrete Sidewalk 30 SY $ of /at $ - of SP-15 Adjust Manhole 1 EA $ 00 /8A $ SOLO - SP-2 Concrete Bnw cut 2D LF $ cc /LF $ ~v 2C~ o~ 7.6.A a" Special Recessed Inlet 1 EA $ „9/EA 22 . o Cc 2.11.5 Inlet Frame t Cover 1 EA b 0,/EA $ 5~Y 3•8 Top Sail 52 CY $ c-n /CY $ n! 819 Paint 8tripintl TS n Z 3.1 Preparation of Right of - LS $/L8 $ Wa `I G uC 8.1 Barricades, Detours and -W LS $ Warning Signs o°/LS $ ~C ve- EP-39 Project signs 2 EA $ 25-0°-/Z $ Soo P - 7 1'. 1 Civ Bnta~ Pa-- r _ LOr plh, r-n id I t WORX DAY NOS 1 3ID TABULATION S PO No. "~L-- NEET ITR1f DISCRIPTION 3.7 QUANTITY UNIT UNIT PRIG TOTAL Compacted Fill 445 CY $ Z C-9 9P-44 /CY $ cy, Concrst• Sum per Blocks 9 BA p 3.12 $ 2 C' YEA $ Temporary Rroaion Control Z-~C.03, L, 5 2 0 0 o" -/LS g I I Labor and Materials Incor arted Into Pro Oct $ other $ TOTAL I 1 ^ - O C y WORK DAYS _ 50 --~Ilter Parki~a r ti A1r nnr a a DID NO. 147 PO N0. BID TABULATION SHEET ITBN DEBCRIFTI011 QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractors Warranties and Undorstindinge LS $ ~fLS $ 00 7l,6 Ao. 3-A R"Ov* Concrete Pavements and Parkin Islands 492 SY $ /Sy $ 3_8 c•o Remove Concrete Curb and 117 LF Gutter $ 5C /LF $ 3.3 3. ~G 9. ~ Unclassified Excavation 916 CY $ cJr /CY $ 4.6-8 6" Linty Treatment of 9.320 Sub grade SY $ 7S /Sy $ n f TYPO A Hydrated Lime 113 Ton Slur $ "t, /TN $ 5.7-A 2 1/2" Asphalt Pavement f A 7,600 SY $ Gy /Sy $ 5.7-8 T 1/2D Asphalt Pavement 7F600 SY ` $ d-0 /Sy $ G.rV 5.7-C TYPO D Asphalt Patch 2 Ton $ Material _co /TN $ 5.7-D C, Asphalt Pavement Valle Gutter 20 :'Y $ (o /Sy $ 8.2-A Concrete Curb and Cutter 1,200 LF j0 /LF $ 4 5.6-A 6" Concrete Flatwork 22 I Sr $ - ~o /Sy $ Z 8.3-A 4" Concrete Sidewalk 30 SY $ ~lr °a /Sy g SP-15 Aajust Manhole SP-2 Concrete Saw Cut 3C C pr 20 LF $ / of /LP $ 7.6.A t" special Recessed Inlet $ 1 8A /8A 2.11. 5 S2 2C:CC~ ~1 200 ~a Inlet Frame Q Cover 1 $A $ 54ti /8A $ 3.8 Top Soil 75,J' 123 CY 2'0!~8.9 /CY $ G c~ Paint btriping It - Ls $/5Ca°/LS $ SP-45 Rssave and Replace Light 2 to standards EA 3.1 Preparation of Right of Ls $ ( bn'/LS $ Al ~a 8 '1 Barricades, Detoure and '~-LS $ LS S P - 9 WORK DAYS 50 Civic GentAr Parkinc' of Al ataBides BID NO. 1471 PO NO. BID TABULATION SHEET ~ ITPi1 DraCRIPTZON QUANTITY LIMIT UNIT PAZC6 TOTAL. SP-39 Project Signs 2 EA $ t-/gA $ 2 5r.~ 3.7 Compacted Fill 456 Cy Z a? /CY SP-44 Concrete Bum per Blocks y EA $ 2C /EA S aJr 3.12 Temporary Erosion Control - LS $ 2 0 0 COILS $ Z C O Labor and Materials $ incorporated into project Other S S61A 4-L IrOTAL $ ~g f i P - 10 WORK DAYS 5 Civic na Lrjt Irrigation BID NO. 1 Svstem for A1te5t14~P11 PO NO. BID TABULATION SHEET DESCRIPTION QUANTITY UNIT 1" Schedule 40 P7C with ball end and solvent weld 160 LF 3/4" Schedule 40 PVC with bell and and solvent weld 200 LF 1" 90° 'rll (Slip x slip) 2 EA 2" 90° Ell (Slip X Slip) 1 SA 2" X 1" RB (Slip x Slip) - 1 EA 1" X 1" X 3/4" TN (slip x Slip x Fipt) 2 EA X 3/4" Ra (SlLp x Slip) i EA 3/4" X 3/4" X 3/4" Tea (Slip x Slip x Fipt) ~ 4 EA r3/4x-_JP"jll e Adapter (Slip x Fipt) 1 EA 1 x 1/2" Tae ( Slip x Slip x Fipty _ _ 1 SA 1 1/2" Toro Nwtafim Disc Filter 1;;0 Mesh of Approved Equal i 1 EA 2" Couples (Slip x slip) 2 EA 2" x 1/2" RS (Slip x Slip) 2 BA 1 1/2" Female Adaptor (Slip x Fipt) . 2 EA 314" x 12" Schedule SO Nipple 6 EA Toro Netefim Techline, 24" 0.6 gph or Approved Equal 1 oo0 LF r Toro Netarim 2-way Adaptor Tea (3/4" Fipt) or Approve<1 Equal 5 EA Toro Netalim Techline Insert Elbow or Approved Equal 16 EA Toro Netatim Air Vacuum Relief Valve or Approved Equal 1 CA Toro Netatim Figure S Line End or Approved Equal 1 &A 3/4" Marlex Stree': Ella (Fipt x Fipt) or equal 15 EA l' - 12 A d WORK DAYS 5 px@r Pack ina Lot Trrlnaflnn BID NO. 14Z]~_ Syntem Eor ~jyerns a PO NQ. BID TABULATION SHEE'T ati DESCRIPTION QUANTITY UNIT wad Unit Price ComPlete in Place Material and Labor Incorporated into Project g 00 Other " 1 ~J loo r i T01 AL $ k I i Note! Installation of irrigation system under existing curb and gutter may be acoompl:4ahad by either tunneling under or by sawing, removing and repouriny This is incidental to the cost of the irrigation system and will not be Paid separately. P - 12 I ,r n 0 1 r, If 1C I WO,M DAYS XiYA& center Parkinc~ Lot lrrlaati~rl BID NO. 1471 System for Alterna},~ - BID TABULATION SHEET DESCRIPTION QUANTIT; UNIT 2" Schedule 40 PVC, with bell end and solvent weld 300 LIP 1 1/4" Schedule 40 PVC with bell end and solvent weld 100 LF 1" Schedule 40 PVC with boll end and solvent weld 2A0 LF 3/4" Schedule 40 PVC with bell and and solvent weld 320 LF 2" x T." x 3/4" Tee (slip x slip x Fipt) 4 Ex 2" x 2" x 2" Tee (Slip x Sip x Slip) 1 SSA 2" 90" 211 (Slip x Slip) 3 EA ` 2" f omp.~ossion Couples 2 EA 2" x 2" x 1 1/4" Tao 1 EA Islip x Slip x Slip) ) 1 1/4" 90" Ell (,slit x Slip) ~ 1 EA I` 1 1/4" x 1 1/4" x 3/4" Tae (Blip x Slip x Fipt) _ 1 EA 1 1/4" x 1 1/4" x 1" To& (Slip x Slip x Slip) 1 EA [11/4 " x 1" RB (Slip x Slip) 2 EA 2" x 3/4" Tee (Slip x ,Slip x rcpt) 3 EA 3/4" AB (Slip x Slip) 2 EA 3/4" x 3/4" x 3/4" Teo (SlAp x Slip x Fipt) 7 WA 3/4" 906 Ell (Slip x slip) 2 bA ff3/419arlex schedule 8Q Nipples 14 EA Street 6LL (1lipt. x Fipt) or Approved Equal 33 EA 0" all (Slip x Dipt) 1 EA I Toro Netsfim Air Vacuum Relief Valve or approved equal 2 EA TT~or~o~Net■fim 180' 2 way Adaptor Toe (3/4" fpt) or approved 14 EA P - 13 i WORK DAYS 10 i ~j,vic Center Par NO. 1aT.L_ Svete for`ay~t jer~'~Tr lea ion BID NO, BID TABULATION SHEET DESCRIPTION QUANTITY UNIT Techllna Insert Elb ow or a pproved equal 43 EA Figure Eight Line and or approved equal 3 EA 1 Gal. (Tochline Connectior; or approved equal 1 EA Tachline 24" 0.6 gph or approved equal 2,000 LF lip x 911p) r..t - 2 BA r 2" X 1" 28 (Slip x Slip) f 1 Fit 3/4" Female Adapter (Slip x Pipt) ' 1 EA 1" x 1" x 1/2" Tb (Slip x Slip x Fipt) 1 EA 1 1/2" Toro Netafim Disc Filter 120 Mesh or Approved Equal 2 EA C i 2" Couplas (Slip x slip) 2 EA L1/2 1/2" RD (Slip x Slip) 2 SA " Neasle Adaptor (S.lip x Fipt) I Unit price Mater},el amd Labor Incor complete in Place porated into Project 34W, OO Other TOTAL Noter Installation of irrigation system under existing curb and gu be accomplished by either tunnel}.ng under or by sawing, removing and repouring tter This In inoidental to the cost of the irrigAti.on ayntem and will not be paid separately, P - 14 BID SUMMARY TOTA} ABID PRICE IN WORDS In the event of the award of a contract to the undersigned, the undc,r,,igned will furnish a performance bond and a payment ;pond 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 1 furnished in the fulfillment of the contract. i It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-slim prices as shown for each item listed in this I proposal, shall control over extensions. I F C OR f BY jQ .3 0 10 Street Address b _b F'I City and sta eel Seal i Authorization (If a Corporation) Telephone B - 1 ~r BID SUMMARY PROJECT WORK DAYS BID Civic Center Pool Parking Lot 30 Civic Center Parking Lot 40 $ Base Bid Civic Center Parking Lot - 45 $ Alternate Bid 11 If Civic Cent•.er Parking Lot - 50 ~ $ Alternate Bid 02 Sa j Irrigation System for 5 $ Alternate Bid 01 Irrigation System for 10 Alternate Bid 02 $ All or portions of this project may be awarded. Award will be to one contractor. The Civic Center Pool Parking Lot is to be completed first and must be completed by April 30, 1993. f Construction of the Civic Center Parking may not start until after the Cinco Do Mayo Festival which will be held on May i, 1993. Saturday work may be required. Civic Center Parking lot must be reconstructed half at a time as it serves as employee parking for City Hall and general parking for the Civic Center and Park. The lot is to be split into east and west so that there will be paved access to the Civic Center at all. times, Civic Center Parking Lot j must be substantially complete by July 2, 1993, so Saturday work will be required, especially if one of the alternate bids are chosen. Work days for each portion awarded will be considered additive, Work days include cleanup operations. D - 2 SENi~9Y;pentonj Texas r,.., 3-31-93 4:02PY Ramey d King Ina,, " 11 1 017 3A2 4882;# 2 ' ..r SCE.. ' \.ni r. Kum. (i,_~ WYrr DATA HaetaY d X3nB Iarura~B 101,8. L'ocurt cr PONHNWifAY[ 1#+011rHr MR 1M~ORyA7~DAtiYANo I1 sui tv 707 $xTRMp OR Ai TAR Y►rr cov as' RiQA71 + Denton, 'i'X 76201 . ' rRAW APPOWiDAtq iY THE COMPANIES AP1ronalMa COVE RAOa OOWAW Hitenaiaous C,atue~lt~orp, MYN Jasor.public C OM M Vorkarl Coap fund w. ~Bill Check prs► Inc, yrnre"rC o. Boy 250 DgntQn+ TX 76202 ~►u'h' p °"_'"",.r_ _ GOWANY is To MTWODIn ° "~~►'t+"Ar~yp Akr OF p"w . r1 bW WNS ANWO OR ifOMO i1A PINTAWN, 711 11 V *pf ~IJED TO Tw N4~ s " .,004wrom UP ANY ~N7t~40T 1 L LM117l~sNN ~P~Qy ON by 01 OyHq rRa[o tlCpy l NO nA + +'W1 T►It rOUOw►ilWi f° t 1YM or A y~ . k4N M AWAY FlA ~'OLIOaI . Nr Nrri1 ~[OItQT TO 11 rM1Mti uWVMyry "A10►IAyA ~W . ~!M. W0 TO ALL TNr TfllAl. q rupp~ n aaMrA°µL rawti DATA ~MaunT CLP2113857 +rrM , AM 14 i! oatuA.', ; 10/0.1/92 10/01193 u-•'~°°aa~n + 20-1 jAAS a. i~7T ~ ~MONAL+dpy-•'T 1 10 Q Q i A _ ,°Na 1 10000 A"►AU►p AAA WNMWAO AyTgA W1802174 10/01/92 "Mum Aunt 10101193 WWAVMS WSWMILA «+n i ftM "We" OANArA r *00,4 CU$1182684 10/Q2 92 z " B nr Mms cow Tqr / (10101193 n 1/0~(_ TSPI04132 + i; 0Ww+wA' ,un rrro 10101192 10 0411w►arv uwn_ a+NrA /01/93 0AW. °"!~!a!r!Wx+or wr'° ~-.lt?OG00•Q..... °a-eAOwrANti +:,.1.0400QA tAaWWA►WMN eP ON" nrw iaf+ Civic odntrr i+>?a POrkiAl A\iditional Iaaursdt C Lot ItiproyAmdat r~ . tr O of ! Denton 13>r"of.AWeaCon r~►AOULa'Wl01'T111AWIOVr 4 ' 11' ;"wimp, m g41NARp pot"W 4i 0A TNr, AuwNn . Nc+L Wong Dahton, TX 7 n Ow a WILL a r I 60101 iia NOrAV MT to NO" To TNr D t!►f, W +TAILUAN T() MAC eUWI N"" "LL PW& ~A NAMU To TNT' L"QrY of ANY)a AunpMMe 0" O*WANY, IM AW4" ON RfPl1OkaAY10N in 184NTA hAaR 31 '93 I6: 33 _ 8173824316 PAGE.002 M+F/ µ tf N Oo0 a a~ sg 0 ro N ~oooO M t 00000 OOOCC000 1 i I i r:4 f ri CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF pENTOq ~ 5 THIS AGREEMENT, made and entered into this is _ 14AY day of A.D., 19 93 by and between Tr CY^Y OF DENTON of the County of ~DE;MroN and State of Ter..as, acting through -__jjgyD y, E?iARgEiy thereunto duly authorized so to do, hereinafter termed "OWNER," and I of the City of D0M ~ county of DBN7'ON and State of TEXAS termed "CONTRACTOR." hereinafter : WITNESSETH; That for and in consideration of the payments and ` agreements hereinafter mentioned, to be made and OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby aAgress with OWNER to commenced and ` complete performance of the work specified below: @ID # 1484 - MCOn ICx STREET jnnlTARY 3L'wER In the aunt of {;133,161,99 p and all extra word; in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and supplies, machines axpensu to furnish all materials p and inorylarhquipment, tool:, superintendence, labor, the work specified above,s in accordance iwithethesc% itioasland prices atr.ted in the proposal attached hereto, and in accordance with all '.he General conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advrtisement Instructions to Bidders, and the Performance and Payme for Hidll attached hereto, and in accordance with the Payment Bonds, all p plans, which includes f CA - 1 J, all maps, plats, blueprints, and other drawings and printed 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 ur 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 C perform the ontractor, and it is expressly understood that Contractor shall e specifications at the general direction of the City M nagertofcthe City of Denton, Texas, or his designee under this agreement. ( indGmDjJication 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 parsons 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 stich claims and demands. j Choice o ~and Venue i 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 eurrrnt 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 . ar r:.ar .`NyNy F IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A EST: CITY or DSN DN OWNER (SEAL) ATTEST: JAGOR PUBLIC CO. CONT)W(CT ltle fie" (SEAL) APPROV.$$-A:g...FO~Footm, I i r CA - 3 I 1~♦i~,Itl,.33~i!i"1`I'1,4~AMO iN Tws CERTiFICATS IS ISf1l~ Asf A !MA',iwl wt P•ADOYRT PROD" I DP SinMU1T10N oIILV Aw'.. f CONFERS NO RIONTS UPOM DNS CERTRICAT/ HOLD" TIM co"PICAT11 DOTLB 1007 A10161410, UTE100 OR ALTSR TN OWARAM ARICINDO #v TW pAxley A Xing kN mms Power BI LOW. ,.......................,................,,...,............,,,......,................1-1 tof Lana COMPANIES AFFORDING COVERAGE 101 a T suft 70? Dwdal TX 70201• ! DODe ex3►rocA cL,'w,.ANY A BBA also" C"lefty Corp LFTIER F! Tamm Work Cane ka ftW n> 1Bge^rPrlblto Canpr+y Mw ~ C SID M*A P 0 Sole 200 cwA f Dw*on TX 71202- LETTER [3 i COWAW E u 7m THIS 13 TO CERTIFY THAT THE MUMS OF INSUELINCE USYM BELOW HAVE SUN 1SSUM TO THE IUSURED NAMED ABOVE FOR THE PWCY PJWW 1NOICATED, NOTWITHSTMD1140 MY REoUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OoY,IXAE►fr WITH RESPECT TO *414 THIN CERTIFICATE MAY BE ISSUED OR WAY PERTAIN, THE MISURN4CE AFFORDED BY THE PE) wdu DEBCAtBED HEREEN 10 SUBJECT TO ALL TM TERMS. EXCLUSIO.VB AND CONO"04 OF SUCH POLICIES. LSMITS SHOWN MAY HAVE BEEN REwm BY PAID CLAMS. co TYPE OP NaA0.Y1Ct POLICY NUMB67l POLICY iMOCTM POLICY OiMATgN Lkm fA' wn WMCOtYI) DAn w400" . A._. 0flIFAIL AAOP[pAli it CLA2113657 10I01Y/2 t07011AT1 >NMIM... Y cam*mcm O':ERAI. L"Lm AOB. sum t CLOA► Mace X OCCUR ' P000" ► ADY fu if T► 180001/ 009" A OdRRA"I mm. YACN OC3UHIBICi I ( I F" 01AMICi WN Pr iw ► . i ►Q. 17PYi {yyOM 1J BI01 . ...i....,.. A AV1%, 0►CBIi . UbtEn CAPt002/7~ 10/01112 10OV0S OWN" LOYAP ► 10100M LAST ' AUTO AU. OM14D WTd ~ ~I i ...........~.............~.,....~~.,,~i HM AUTO{ r OWL, eum fi. . NfkFOwhEO Auro► I ~ootAwl . GAM" UWLITY nlp'L:m 0A" A;L'ItCW E40I uArrrr cus1762604 San1N2 10ro1r'03 oca,Mwcs ► 1000000 X uMIBPEiIA FORM Af✓.RFOAn ► l..... RDgWYE OOIAMNMTON i ►T.-.... R'( LMlq EUH A00100" s 71F1a1s2 1aD1r/2 IaB1ros Ni00000 OgF1S PCLIOY L.i.PT .1000100 00LOY6LT uAA.m - 1 , 1D . ' " Fxw BNlOYBE j1 1000100 on+BR i orsomlTm Of Ol6LATf>tW.OGA7gN1NDRCI.fBDPBCHL rrew DwvIw w subnowlom f of of Donlon yBM 01114 WW SW #14113 ,M~~7S..9~Y[~1P.x+a 4*:,,t .:ow,. " r c i +!ge!p,RR~R~!^n7.l..v.,w. !0 1 3k `f. <l+ter F i .a, SHOULD ANY OF THE ABOVE DERWOED PpACIESt 0E CMICEYL,E.D 0EMM THE CRY of Donn FXPWATION CATE THEREOF, THE WSUM COMPANY WBL W-)FAYOR TO 0010! Told {L r MAIL 70 DAYS WRITTEN NOTICE To tNE comet is NOLm NA mo, TO TT1E OMMgI TX 70201- tFFT, BUT FAILURE TO MAIL SUCH NOTICE M &L WPOIE NO OKMTM ON UABIUTY OF ANY IONJ UPON THE COMPANY, ITS AGENTS OR 116MElIEMATTYEi. s-~~ cnY .liy;~.~Y w „ ~ < ~ 4~ t~ 'A,wt7' ~Y- ^kwx.' Kr rAa [<>4 k v t'0S~ r 130 ",E\:, u rv.F n.~w~ny.,{1,P' 4 J k ea i~~^mk a~i :3. IM/VAY PERFORMANCE B014D STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAMB PUBLIC CO. of the City ol.' _ DFNION - County of DENTON , and State of TMXAi as PRINCIPAL, and SEABOART) SURETY COMPANY _ as SURETY, authorized under thin laws of }S the State of Texas to act as surety on bends for principals, are !E held and firmly bound unto the THE C1r1 OF DAN as OWNER, in the penal sum of nxc rer~n:u;~RTY 7WH THOn [uamxm PTxw nera and 991 O-_..._ Dollars ($133..1.61.99 ) for the i payment whereof, the said Principal and surety bind themselves, and I ; their heirs, administrators, executors, successors and assigns, 1i f jointly and severally, by these presents: j WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 18 day of NAY , 19-9,_, for the construction of „PIa 1483 - MCCORNICR STREET 6ABiTARY S~vRR i~ the amount of 133_,161.99 f which contract is hereb,f 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 covananted by the Principal to be observed and performed, and according to the true ints.it .and meaning of said Contract and the Plans and S recifications 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 5161) of the Revised Civil Statuten of Texas as amonded by actw of the 72nd Legislature, Regular Session, 1991 , and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it f were copied at length herein. f PB - 1 LYrl ent 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in nBNTON 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 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1 day of may , 19 5;~. JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY PrAncipa ! Surety ~ ' ~ ~ 'l2t By hL Rosemary w ,aver Title V ( yo, ~a~ y Title Attorney-in-Fact Address: P. 0. Box 250 Address- Burnt Mills Road is Route 206 Denton. Texas 76202 Bedminster. New Jersey 07921 1 (SEAL) (SEAL) Thi name and address of the Resident Agent of Surety is, WILLIS CORROON CORPORATION OF TEXAS (Dallas Division) „n,-5420 LBJ Freeway, Suite 1400• Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That _JAGQR T'UBLIC CO of the City of DLMI County of and the State of as principal, and _ SEABOARD SURETY COMPANY authorized under the laws of the State of Texas to ar,C as surety on bonds for principals, are held and firmly bound unto 1 ~ O ME !RR Rxn?'tIIRTY TMIEE CDs 01PNER, in the penal sum of SIXTY ON6 and 99 lU H[]NDRSU o e Dollars Zva~16_~ payment w~ 6eo~-- the - sala-Trincipal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written f contract with the Owner, dated the 18 day of rust ` f r 19 gr- - ICX STREET ' SANITARY SEWER in the amount of $133 151,9 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. NQw, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, Princi thatmaifterithealsai od him or palsubcontshall the nts Supplying wozk labor ractorl inclaima provided for in said contract, then thf.s obligationoshall.tbe voi4p otherwise to remain in full force and eftectj PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texan as amended by the acts of the 72nd Session, 1y91, and all liabilities on this bond shall bsz determined in accordance With the provisions of said Article to the same oxtent as if it were copied at length herein. PH - 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 thin bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. III WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 181;h day of Maw 19 93 , JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY Prin pal Surat ay~ - y Title Rosemary W aver Title AttnrnPy-;n-pant Address: P. 0, Box 250 _ Address: Burnt Mills Road Route 206 - Denton TPXa9 76 e~ _8edm_in9.PY'_ uPy 7 ~'aey_p7Q?1 I _ I i (SEAL) (SEAL) I i The name and address of the Resident Agent of Surety is: WILLIi CORROON CORPORATION CY TEXAS (Dallas Division) 5420 LBJ Free, Suite 1400, Da las, Texas 75240-2652 P9 - 4 u MAINTENANCE BOND THE STATE OF TEXAS § COUNTY Uf DENTON § KNOW ALL MEN BY THESE PRESENTS: That ____:E P 3LZC CO.,_ as Principal, and _ SEABOp SURETY Cofmmy 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_ TnjR77-mr Tunncnrm THREE HUNrIl2ED SIXTH l9 100--•° Dnl2ars ten _ -L? d Dol contrast for the (lOt) percent of the total amount of the do heteb payment of which sum said principal and surety y bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: j f WHEREAT;, said JAGOE PUBLIC CO. has this day sntered into a written contract with the said City f of Denton to bciild and construct 8~D_~ 1484 - MCCORMZrr SgRppT SANITARY SENP.R " f 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 made a part hereof as though the some were writtenandeseteout in full herein, aind; 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 or, 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 r r q r i~ materials with said contract and supply such 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 breachen of the c have been onditions herein provided until the full amount of this bond shall exhausted obligati on to maintain said it is shall further e ntinue rthroughothat the ut 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 Jagoc-public Company as Contractor and Principal, has caused these presents to be executed by and the said Seaboard Surety Company as surety, has caused these presents to be executed by its Attorney-in-Fact Rosemary Weaver and the said Attorney-in-Fact has hereunto set his hand this 18th day of May 19 43 SURETY: PRIYCIPAI.: -----rd -Sureny Company Jagoe-pub c Com Any 11 BY: Rosemary Weaver Attorney-in-Fact MB - 2 Certified Copy SEABOARD SV~ T courF_ 7 852 No, 1 112Q5 ADMINISTRATIVE OFFICES, SEDMI :R, NEW JERSEald Y f POWER OF ArPORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint J arry P. Rose or Linda O'Nale or Robert Stoeck or John R. Stockton or Rosemary Weaver of Dallas, Texas its true and lawful Attorney-rn-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other Instruments of similar nature as follows: Without Limitations r~ 1 , Such insurance policies. surety bonds, undertakings and Instruments for said purposes, when duly executed by the aforesaid Attorney-m-Fact, shall be banding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seat; and all the acts of said Attorney-in-Fact, pursuant fo the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of :',a said Company on December 81h, 1027, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII. SECTION 1: "Policies, bonds, tecognUanon, sllitulations, consen4 of sun InsurancepoiicieS.bonds, recerdnizamos,slipulalions, consents clswely aund~IWV nnd~Uerrwwriting u ~l g5 of th hanr ya dr E agreements and a toer thereto. writings rolaiing in any way (hereto or to any claim or loss thereunder, shall be signed in the name and on behalf of find Company (a) by the Ch airma no l the Board, the President, aviee -President Ora ResidentVice-Presiden tend by the Secretary, an Assi s tent Sec retery, a Resided Secretary or a Resident Assistant Secretary, or (b) by an Al:ornoy-in-Fact for the Company appointed end authorized by the Chairmen of the Board, the President or a Vice-President to make such signature; or (c) by such other officers or representatives as the Board may from time to time delerrnine. The real of in& Company shall if appropriate be a(fixad (hereto by an uch officer, Alloiney-in-Fact nit representative' IN WITNESS WHEREOF, SEABOARD SURETY COMPAN; has caused these presents to be signed by one of its Vice- Presidonts, and its corporate seal to be hereunto affixed and duly attested by one of its A,aIstant Secretaries, this .15th day of _ Aecember 19.91 /s r4,r Attest: 1927 SEABOARD SURETY COMPANY, "`rcr r«t«~;~~ (Baal BY Aa Secretary STATE OF NEW JERSEY Yit6 Presdeni COUNTY OF SOMERSET ss.' On this 6th day of Decet Ibex M,ichae 1991_... , Bbef OA D personally aMPAN tl with whom I am personally acquainted, (who, been b me dui sworn, saidlth hes esid of SEAthe State of NOK. SURETY COMR4NY, es in that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the eforegoing irstrument; that he knows the corporate seal of the said Company; that theseal affixed to said instrument is such corporate seal; that it wasso affixed by orderof the Board of Directors of said Cor~qany; end that he signed his name thereto asVice-President of said Company by like authority. r uc; t,4. 2tf9r 1C: =`ri tc9;, NOTARY pi!';I.IS; xo,eer un:;, 1496 (Seal) (p;0 nhy co« r04s Li t+t,1 °'arwt C E R T I F 1 C A T E// c Ltheun lgned Assistant Secretary oiSEABOARD SURETY COMPANY do hereby Lily that the original Power itorneyof which the foregoing is a full, true and cormcl copy, is in lull force and eflrcl on the date of this Certificate and I do further certify that lbe Vree-Presldenf who eaeeuttrd the said Power of Attorney was Ono of the Officers authorized by the Board of Direclors to appolntan attorney-m-facl as provided In Article Vii Seetlon !.of the By-Laws of SEASOARD SURETY COMPANY. This Ceftdicale may be signed and sealed by lacsimdtr under and by authority of the following resolution of the Execulive Commitlee of the Board of Directors of SEABOARD SURETY COMPANY At a meeting duly celled and held on the 251h day of March 15)0. 'RESOLVED (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any r certification of thecorreclness Of a copyot ari Instrument execu!edby the President or a Vree-Piesideol pursuant Io Arllcle VII. Section 1, of the 9y-Lnws appomtinq and authorizing on attorney-,n-face to sign in the name Drift on behalf of the Company surety bonds. onderwnfinq underlakin nshumonts deenribed in said Article VII, Section I. with like effecl as it such seal and such signature had been manually affixed and made. hereby,s nu,*or¢ed and aPpr IN WITNESS WH F F I have hereunto Of sal my haC - 9.5 or t her c d/ rid a'1, corporate seal of tin, Company to these presents this r xea the 19 day 1827 Vr~.ts~ Aasi IantSecrefroy Form 957 lRev %811 li ihr,l~.,r}i n , elf ~ ~ ~ tl .1 r,f r. ll0 my,q i,L rIli, i i UIi•. r t~I DrORTANT NOTICE TO OBTAIN INFORMATION OR WAKE A COMPLAINT: YOU MAY CONTACT THE TExAs DEPARTMENT OF INSURANCE TO OBTAIN INFOF MTION 0,41 COMPANIES, COVERAGES, RIWTS OR COMPLAINTS AT: 1-MO-252-3439 YOU MAY WRITE THE Tsxns DEPAR'TMFJTT OF INSURANCE: P. 0. Box 149104 ~I AusTIN, TX 78714-9104 FAX #(512) 475-1771 PRENIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING Y ~ OUR PREMIU14 OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TExAS DEPAR mm 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. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurancs requirements below. it is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of aid insurance endorsements saeproscribedl and pr vided herein. Ifran tif a sates and bidder tails to comply strictly with the insurance requireseats,~ that bidder say be disqualified from award of bid the contract. Upon award, all insurance requirements shall become contractual obligations which the suacesslul bidder shall have a duty to i maintain throughout the course of this contract. I ~ 3 rROVi IoNa: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shat' contracted work has been compl ` provide and maintain until the Denton, owner, the minimum i*rjsurance acoverageb ash indicated f hereinafter. As an practicable after notification of bid awrd, f shallcfIle with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of theif project. j f Contractor may, upon written request to the Purchasing Department, I ask for clarification of any insurance requirements at any time; f however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not modified or waived alter bid opening unless a written exceptionhas been submitted with the bid. Contractor shall not aomssnoe, any work or deliver sny material until he or she receives notification that the contrae~ has been aaaepted, 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 compli4nca 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. Beet Compan:v rating of at least A. o Any deductibles or pelf-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 cl - 1 1 1 q j C I I 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: 00 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 111 insured shall not operate to increase the insurer's limit of .liability. o All polilcies 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 bu provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a pe-iod of three years beyond the contract expiration, such that occurrences arising during the contract term whirh give rise to claims made after expiration of tho contract shall be covered. o Shru.ld any of the required insurance be provided under a form of coverage that includes a general annual ag limit providing for, claims investigation or legal defense c-sts to ba includad in the general annual aggregate limit, the iaoW-ractor shall either double the occurrence limits or c.btaz,i Owrners and Contractors Protective Liability 'ins.~ :•ance. Sh,~.Qd any required insurance lapse during the contract y_ ter rr.quests for payments originating after such :apse aiia.il not.ts processed until the City receives satisfactory G E ;'lent of rni.nstated coverage as required by this fk ccitiact, effective as of the lapse date. If insurance is nut reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. I SPECIFIC, AGDZTIOHAV W%'8 stns es.mIR Mme" 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, 1 or longer, if so noted: r CI - 2 (X) mineral ~inbility Generatha ssl Linabi500 $lity000 l , insurance with combined single limits of not sha ell 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 Coranr:rcial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and cr,mpleted 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: r j 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, 3 j o Broad form contractual liability (preferably b e llity and idor ement) bcove road pothis contract, personal injury property damage liability. (XI + Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $1,000,000 per occurrence either in a single policy or iri 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, Edition} (ISO Form CA 0001 Currant (X) V2=trs Q2MM & _ 1&LVAAqM 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 $500,00o policy limit for CI - 3 i ,,,,ti iy i5 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 I i 'I i I CI - 4 S r BID SUMMARY TOTAL BID PRICE IN WORDS In the event oj° the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of t1.a contract, to secure proper compliance with ^x~ 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. 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. i The undersigned certifies tha-'t 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. 1 I CO ' BY mss.. Z i Street Address City and State' Seal 6 Authorization i _7 2 (If a Corporation) Telephone B - 1 II I b WORK DAYS _ 35 BID NO. T4R~f~ McCormick Street Sanitary Sewer PO NO. _ BID TABULATION SHEET ITE15 DESCRIPTION QUANT1 T UNIT UNIT PRICE TOTAL 2.12-A 15" Sanitary Sewer 2 , 100 LF $ /r F S 5 7 _i 7~ 2.12-.8 8" Sanitary Sewer 8 LF $ ZC~/LF 5 LDQ 2.12-C 6" Sanitary Sower 23 LF S D /LF 5 SSZ 7.6.A-1 5' Manhole 3 EA $ j~4cZ!~V/EA $ J~ 7 ' 7.6.A-2 5' Drop Manhole 2 EA $ 410O64'EA $ t5 Za ,C- 7.6.A-3 Rebuild 5' Manhole 1 EA 5 L, 340%A $ z ~1~ Break Into Existing SP-31 Manhole 2 EA $ lDDQ~EA g SP-8 Abandon Manhole 1 EA S 7yp'~/eA S 7CD~ SP-32 Remove Manhole 2 EA $ 930M/1A E ! 18" Bore or Tunnel and o fII 6.4 Pressure Grout 7 LF $ ~p ~7 LF GO I WS-11 Sewer Service 40 EA $ &74<~,IZA $ i f SP-4 Lower Waterll ne 3 CA 7 , :q EA I. S a7 SP-42 Remove 8" Sanitary Sewer 100 LF $ j~ /LF S1, ' CL~?_. 3.8 Femove Curb and Gutter 10 LF S /D /LF $ /ew 3,A Remove Concrete Paving 45 SY $ / 7s,/Sy S > j ✓ 8.2A Concrete Curb and Cutter 10 LF $ l4 a /LF S zee 5.8 6` Concrete Pavement 45 SY $ ~j~W JSY S 4,1✓2U~ SP-2 Concrete Saw Cut 180 LF S ,/00 /LIP g y~Q !.O SP-41 Asphalt saw cut 4,198 LF S j /LF g y j/13t4-V 7.4.5 Concrete Encasement ~2 CY S SOQ~ (Cy g jloD SP-37 Excavation Protection 1,827 LF $ / c-U /LF Contractor's Warranties Qp P 3 i i' WORK DAYS McCormick Street SanLtgrv Sewer BID N. PO NOO. BID TABULATION SHEET IZ DS$CRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-10 Rock Excavation 50 CY $ "U 'W/CY $ .-,n►~ 3.1 Rightcf-Way Prep _ LS Barricades, Working Signs 8.1 And Detours LS 5 42l)410 LS $ l ~OD`a SP-39 Project Signs 2 EA g ,boo "-/EA $ 3.12 Temporary Erosion Control - LS S 300091LS S e~,-0 Materials Incorporated Into Pro act Plus Labor s Other ~ II! S Total l P - 4 LILF 000000 , a o a a c a p~ 0 0000 o r 4 G rJ d 0 v 000° a o o a o o a o 0 00 I s i I 3 CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this I8 day of MAY A.D. 1993 by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. EARRE thereunto duly authorized so to do, hereinafter termed "OWNER," and JAQ= MLIC>CO., P.O_ BOX 250, DENTON, TEXAS 76202 of the City of DENTO7 County of DENTON and State of TEXAS hereinafter termed "CONTRACTOR." i 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 jarinq even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID r 14g3 _ MOZINGO PTA WA~EALINE AND 8" SANITgRY SRVRR in the amount of 5120,79G.30. ' 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 ,,ibove, 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` f all maps, plats, blueprints, and other drawings the S ecifica ions written explanatory matter thereof, p therefore, as prepared by ENGINPERI SmAru all of which are made a part hereof and collectively evidence and constitute the entire contract. rndeoendent-*La-Ua it is mutually understood anu 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 i Denton, Texas, for the purposes of income tax, withholding, social I security taxes, vacation or sick leave benefits, worker's f 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 f specifications at the general direction of the City Manager of the city of Denton, Texas, or his designee under this agreement. ~ ;~,~^nnif cation 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 parsons 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. i Choice v L 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 dote 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 Si N ~1 F IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF DEN' 0 i 7E y~ (SEAL) ATTEST _ 1_~f i~ (u'L Y< C ld~(X y~ JAGOR PUBLIC CO. CONTRACTO B J Y `Pats - r, n.e..n~tR. t I+ (SEAL) AMkOVE*n AS TO FO : City Attorney ; CA - 3 , ~~'A411 tau. , r ms cf , ~ ~ ~ aaeaaa Epp+N i NOT E`0 Aa A "Tm Or "f 1M'ORYATiO1j *Kv "app ItytarYwp aulb 7117 POUCrea . r0 X ~AYEND..... µT~ER TIQ TaOON OC[JLTMt TI 9EEOw, sv~ A fir- COMPANIES AFFORDING COVERAGE Buscooe Lim COWAW(S LEM T.&v" work C"w !m, Arw o♦rlupuo Calp~ny IN Box no Iw c r TX nX2 oar / Ar D co wwr E LETTM ' fHq q 70 CEPMFY ES F RO THAT IHE POL1CfE3 OF lNSURF °•~'ax t;L,<xa:.i^,,.`w WDM. NO EO F3, U 9ULOA CON HAVE E BEEN CMFOCATE TN~TH3T Y PERTAIN. . ~ ONDIttON OF ANY f0 TFIE IrI3tJREDNAMEp ABOVE R0117HE 'WSlOMS IN EURAN$ CA BEN MAFfOgOEp~ w POLICIE9~OE,gO FCT 7O Y ~A0O 74. TrFe OV BFEN HERFJN is BY Or1aJECi TO CIOBEL 9M1 llCE.. PAID• CLAIMS. s~ tq~10y ^FOIDY A° OB1~1AL 111E111Y~ a~11MA O~Y ~%fM R W11A7gM f { oo`srcw w mnnK unwurr ,,.....tom . OASrAp O ak X ONNOI4 { X ! OCCIAt iROC11QTyppL~ AAa • . 41 . + ~Ctom +Yar. + . ~ jtPBSCwK ~~~ov win 0.........yMOM /N0O1O + °10............ ` A,,. t►run CAV1002t...,, I cTr rAy w "OVOID ANY #o 74 1WD1A2 p +e i . 16g1/q AU OV*" AWTOS ; BNOIaE Lw ' "own also Aims I y+wr ~MMNW r f MXf►x lu,Ny . ` owuoe uw m . 4w aegdMq A rxuw uwury cua1732eB~ faroliu Mwas i x Vws,B.A FONA UCH 01161 "k* u►ygg~,A Fogy _ OV1M3 t, UCH OCWIHglp6 el t111ppO mo T3FT04132 .I RATVrpryLJ.Mq % T~. aorwrslr LNR/ry tBrotAq 10M1/10 LkN AOCLWT . ' oMa oRA~ ;+c+'url uoo ~ Mi... ' aaF,w . cAarl rnoYS ~ a+~cw a or~7ioindo~~- - ' ~ e T>ow++waiarcriµ iiu~s,.,,, . _ AdAtlotir kura CNy Da1pr~ . Weaat a>a n4i 14N °f qf n- 10, 0 It f~ SHOULD ANY OF TT1E UM DESC "W POIM,IEB BE "RAAON RATE THEREOF, THE 198WN0 Nut , SCI! 1!E TX 70201• S MkL 0 _ DAYS NRITEN NOTICE TO THE CrIVVICATE "MM NAMED TO THB LtFT- BUt FNLUIIE TO ML sUGH NOTICE HALL s+POOE NO.OWIATM OA UA&LITY OF My 1UN0 U,°ON ME COMPANY, r 3 ,161E7f13 W RarMQATNEO• :AUMOR~ aulrATns FN1411Q~Ip~YFYV , u v ii5rr> 4°. Jtv ?R x rM ~ g' j riS ~ > u Y C,d 4 a j1f1i S~~ 1),?'pr ~I PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That JAM puuac co_ _ of the City of nrMTnN County of DEWMN and State of TEA$-c: as PRINCIPAL, and SEAPOARD SURETY COMPANY f as SURETY, authorized under the laws of I the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the Tgp c1TY or nar= as OWNER, in the penal sum of oNE Hmmw Ti1PNTY Tmu Agg sEyr.N IR]NDRxn MINTY SIX AND 30/100--------------- Dollars 120,796_30 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, 1 i jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written I contract with the OWNER, dated the a day of 19 93 , for the construction of BID 4 1483 - lX721NG0 STREET 8- WATERLIN$ AND 8" SANITARY SEWER in the amount of $120.796.30. I 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, THEP.EFORE, 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 td 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 affect; 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 72nd Legislature, Regular Session, 1991 and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extant as if it were copied at length herein. PH - 1 I PROVIDED FURTHER, that. if any legal action be filled upon this bond, venue shall. lie in nr?xma 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 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 18th day of May 19 93 JAOOE-PUBLIC COMPANY SEA_DOARD SURETY COM:ANY Principa Surety By 0 k. V 1 ne h.c c Attorney-in-Fact Title Title { Address: --P,--2.-~s*-~59----.---- Address: Aiirnt~lla Rnad A Rrnlta 206 Denton, Te::as 76202 Bedminster. I w r 074 I i (SEAL) (SEAL) The name and address of the Residont Agent of Surety im: WILLIS CORROON CORPORATION OF TEXAS (Dallas Division) 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 NOTE: Bate of Hand must not be prior to date of Contract. PB - 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DE MN S KNEW ALL MEN BY THESE PRESENTS: That JACre PtMra rn of the City of DUN•n,,, ~T County of DRMTnm , and the State of Tn,,,q as principal, and SEABOARD SURETY COAPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto , OWNER,, inn the penal sum of il'1 TNOUSANn Ggyp~ NQNr1RRil NTA SZXry13 S 107-- 0 -120 J06 Z0 for the payment whereof, the said Principal and Surety bind i themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thcse Y. Y presents, . WHEREAS, the Principal has entered into a certain written contract with the owner, dated the _ 18 day of runt 19 93 , I i BID # 1483 - MOZINGO STRPET N• HATFRr TNR TMU pr SANTTA V c 146 of S120.79A 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 affect; 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 72ND Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or aCiition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the -%me, shall in any way affect its obligation on this bond, and it doss hereby waive notice of any such change, extension of time, altr.ration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said P),incipal and Surety have signed and sealed this instrument this 18th day of May 19 93 JAGOE PUBLIC COMPANY SEABOARD SURETY COMPANY Pr in ipal surety / O Rosemary Wea er Title V t Vf_% - '!A'4L Title nLLprnPX-in•-Fart I Address:_P. 0. Box 250 Address:Burnt Mills Load & Route 206 i E Denton, Texas 76202 Bedminster, New Jersey 07921 t i I i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: WILLIS CORROON CORPORATION OF TEXAS (Dallas Division) 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 PH - 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That ~AGgE P;IgLIC Cp, as Principal, and 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 Dollars the contract for the ten (10%) percent of the total amount of 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: 7 WHEREAS, said JAGOE P(JHLIC Cp, I has this day entered into a written contract with the said City of Denton to build and construct BID 1ae3 - Kozrr• sTKEeT a IT EWER 7 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 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 01 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 tailure 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, i 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 Ja a - as Contractor and Principal, has caused these presents to be i executed by and the said CPAGnnnn og,wyoy--C6MW1#i} as surety, has caused these presents to be executed by its Attorney-in-Fact Rn aama ry W" _q Va i and the said Attorney-in-Fact has hereunto set his hand this 18th J day of _ May 1991 SURETY: PRINCIPAL: SEABOARD SURETY COMPANY JAGOE-PUBLIC COMP NY BY: I - zee- Rosemary WPavar _ Attorney-in-Fact MB - 2 Certified Copy SEABOARD SURETY COI&VA W l 8 ~ No, 11205 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the Slate of New York, has made, constituted and appointed and by these presents does make, Constitute and appoint Jerry P. Ro Linda O'Nale or Robert Stoeck or John R. Stockton or Rosemary Weavers or of Dallas, Texas its true a nd lawful Attorney-in-Fact, to make, execute and deliver on Its behalf Insurance polliclea surety bondiiundertakings and other Instruments of similar nature as follows: Without Limitations Such insurance policies, surety r Attorney- in +Act, shall be bining upon the said lCompany asrfu Iy and to the sameoextent as if signed by the d~ the officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority ized hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly ado ted h Company on December 8th, 1927, with Amendments p y the Boar j , ARTICLE VII, SECTION Ir endments to and including January 75, 1982 and are stilt in IWlDlorrce and eryectsaid I "POllci°a, mss, racOOaun+cea, aGWslMbro. comenta of ""till Irsurahcepoticies,tionda recognizances.stipulations, consents of surety and unr elrrwritinuog undertakings of the a v ifings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of thhompa~nyto (a) by the Chairman ot: Company, and relsates, agreements and other he Board, the President. a Vice-Presidenl ore Res, Secretary or a Resident Assistant Secretar pent mpany app mend by theSeaetery, by (he Chairman taf the BR Board, the President or a Vice-Presidenl to make such y'. sigorna(bj by an tu tore, e, or r I(c) by Such Alton Such -Fe other el for officthers the I,, reaertlatives as or Co rep mpany app0inf as e; the d Board may authorized by from the lime to ts alIre in end, the The seal of the Coripany shall if appropriate be affixed thereto by any such officer, A tlorney-in- Fact Or replesenlative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly atieated by one of Its Assistant Secretaries, this .5tk~.,.. day of Decembez _ , 19_,41 Attest: ! 927 ± SEABOARD SURETY COMPANY, ~qor ~W~e (Seal p n /C~ STATE OF NEW A ' e Secretary w V ,r JERSEY ice•Fresident COUNTY OF SOMERSET On this 6~.h _ . day of y Decemb.er.. MiC.l9...KE'gr~ri 199.1__. , before me pelsonall a with whom I am palp'l- h . a Vice-President of SEABOARD SURETY COMPAeNY, y acquainted, who, being by me duty sworn, said that he resides In the State of New Jersey,, that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knowsthe corporate seal of thesaid Company; that the seal affixed tosaid instrument issuch corporateseal; that it wasso affixed byorderof the Board of Directors of said Co any; andihat he signed hisname thereto as Vice-President of said Com an by p y y like authority, f Lr;,,-. r,1 7' c~~ g' °r? NQTArt' F V ~ I .k_ _.Y (Seal) A1y (Or,Wn t , a~ via ' CERTIFICATE tic f. the tin rsigoed Assistant Secr story of SEABOARD SURETY COMPANY do hereby c !lylhellheo' a lull lrueand correct copy, is in full force andeffecl on the daleolthi s Certificate and l do luithercerfif that t~, , Atlomay was One Of the Officers authorized by the Briar ! Pr wnr Ilomeyof which the foregoing is SEABOARD SURETY COMPANY y d of Directors to appoint an attorney in-fact as pro, „cc- article whoe tion 1,d th he St Power of This Cenalcate may ~ in Article VII. Socion t, of to ay•Lews 01 Di+er tors of SEABOARD y be signed and sealed by facoim,le under and by authority of the following Fell rlion of the Executive Cl of the Board of SURETY "RESOLVED COMPANY at a meeting duly called and held on the 251h day of March 1970. (2) That the use of a printed IacsimRe of the corporate coal of the Company slid of the eignallire of an Assail Secretary on any cerlihi lion of the coi lress of a copyol an instrument executed bythe Presrdenl of a Vice•Presidnnl pursuant Io Article VII, Section I, of the B appointing and aothmizing an aftorney-in'fact 1v sign in the nanie and on behalf of the Company Surety bonds, undervi ling undertakings or Other inslruments described in said Article VII, Section 1, with like effect as ifs By-Laws aulhorized and approved" such seat and such signature had been manual) affixe IN WITNESS WHER y d and made. hereby is / I have hereunto sat my hand a d affixed the corporate seal of Company to these presents this C~2"9day of a 7 i /J As 91 tarn Beene lary Foln, 957 (Pe, 79&ll Ni ?1' I 1'1 / l l r y u! , r , r IMPORTANT NOTICE To OBTAIN INFORMATION OR MAIM A COMPLAINT: You MAY CONTACT THE TExAs DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 14800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE. P. 0. Box 149104 AusnN, TX 78714-9104 FAx 1(512) 475-1771 PREMItDt OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR ! PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, You MAY CONTACT THE TExAs DEPARTIENT OF INSURANCE. ATTACH THIS NOTICE TO YOM POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. now 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 aid 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 ■hall 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 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 ti. e; however, Contractors are strongly advised to make such regt:tsts 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 satistaetion of these requirements shall comply with the fgllowing general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: I 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 - 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: 00 Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. 00 That such insurance is primary to any other insurance l 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 mad•a 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 insurat-,~•r- 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 expiration of the contract shall be cov after { Bred. o Should any of the required insurance be provided under a j form of coverage that includes a general annual aggreate providing for claims investigation or legal defense casts to be inc-Inded in the general annual a the contractor shall either double the occurrencealimitsior obtain Owners Lnd Contractors Protective Liability Insurance. o sho%.Ud 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. BPXQI]tzc 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 - Z f (X) General kLa_b4 i r ty _su__ra_ nca; General Liability insurance with combined single limits of not less than $500,000 shall be proviled and maintained by the contractor. The policy shall be written on basis either in a single an occurrence policy or in a combination of underlying and umbrella oz 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 independent and cbroad 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 premises, operations, products and completed operations,c independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. I o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. ~ (X) ~utompbile Liability 2naUranc. 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 liability arising out of operation, aintenance or ruse ofmany auto, including owned, non-owned and hired' automobiles and employee nori-ownership use, (ISO Form Edition) CA 0002 Current [X] Jorkern Co 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 emoloyae, and a $500,000 policy limit for CI - 3 R 9 Y 'I occupational disease. The city need not " as pin sub Additional Insured" but the insurer shall aq ee tomwaive all ainst the city, its employees androgation v l nteers for any work performed officials, ~ the City the Named Insured, ty I f~ 1 j1 { i I f i CI - 4 BID SUMMARY TOTAL BID PRICE IN WORDS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. r The undersigned certifies that the bid prices proposal have been carefully checked and are submitted o as correct and final. l Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. E CONTRA R nX 2 ; a Street Address lzo „ ,r u City and Sta e sea]. Z Authorization f/ (Tt a corporation) Z _ Telephone B - 1 WORK DAYS 7.5 BIU NO. 1449 Mozinao Street Waterline PO NO. SID TABULATION SHEET ITEM AESCRIPTION QUANTITY [)NIT UNIT PRICE TOTAL 2.12-A F" Waterline ~ 45 LF $ /~v0 /LF $ 700 2.22-B 8" Waterline 1,377 LF $ ~qf/O /I.F S LL ~ i 2.16 Water Servfco 28 EA $ y/_y-~m1jEA $ /~Gwa0 2.13.1-A 6" Gate Valve 1 EA $ ,~~47L)'EA $ SyG(/~ 2.13.1-B 8" Gate Valve 1 EA $ y~~P~/EA $ ,yJd DU 2.14 Flre hydrant 3 EA $ ~~~Q[~/E,: $ j,„~,~pOU 3-A Remove Concrete 2 SY $ ~yUy/SY S Ld°U Pavement I 5.8 6" Concrete Pavement i SX $ ,~O,E~SY $ 7L ao k~ SP-2 Concrete Saw Cut 8 LF $ s~OC~'LF $ ,3;ZalJ I 1 SP-42 Aaphsit Saw Cut 2,290 LF $ /fir'/LF $ Z~9~C1 ~ SP-40 Cut and Plug 4 EP $ `j~~EA $ ~,Zp~~~ ~ Exletin Waterline I! SP-37 Excavation Protection 135 LF $ .1 FJ~/LF $ ,1 rQ ~ i ~ SP-39 Project Slgn 1 EA $ ,3~~G/EA $ ,~Op o0 ` 1.22 Contractor ~ e Warranties - LS $ y ~yLS S ,l y j and Vndsrstandinga _ _ ' 8.1 ~ Bsrrlcades, Warnlnq Slgne - LS $ ydO,~LS $ Go ' and Detours ~ j ~ 3.1 Preparation of Right-of- - LS $ ,/~-D~~LS $ 5D4~~ II Wa 2.12.8 Cast Iron Flttinga 500 L8 $ 3 ~ /L~l $ /„9~~ m~ SP-10 Rock Excavatlon 50 CY $ /Q~/CY s 5'pD°- + 3.12 Temporary Erosion Control - LS $ ~LS $ l.'Q ~O~ ~~fl 0~ t Materiels and Labor S / $ Incor rated Into Pro ect ether $ / $ TOTAL $ / s5 S<ZSl P 3 F WORK DAYS 30 Mozinco Street Sanitary Sew RID NO. 143 er, PO NO. BID TABULATION SHEET ITEM! DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-C 8" SDR-26 Sewer 319 LF $ 3S /LF 22 $/~yGS 2.12-D 8" PVC Sewer 1,013 LF $ ;!j 79- /LF $3~fiS$j 2.12-E 6" PVC Sewer 17 LF $ ZZ 30/LF $ 379 /D E WS-11 Sewer Service 28 EA $ -WO CO/EA [7.6-A 4' Concrete Manhole 5 EA $ /3(W6-9EA S SGO 7.6-8 Rebuild 4' Manhole 1 EA $ 15oCe9EA $ /'yea 3 SP-0 Abandon Manhole 2 EA $ `~jO~EA $ / Gn~c!O i 3-A Remove Concrete Pavement 2 _ SY $ /Z ¢ /SY $ i !II 5.8 Concrete Pavement 2 SY $ j~~/SY $ 72 SP-2 Concrete Saw Cut 8 LF $ /LF $ ~z e7p I SP-41 Asphalt Saw Cut 1,504 LF $ laP /LF $ 35ndQ0 J SP-37 Excavation Protection 1,055 LF $ /0-0 /LF S / QSS cb SP-39 Project Sign 1 EA $ ,3W'-=0/EA S 3dG OD 1.21 Contractnr'e Warranties - LS and Underscandln a $ 3,170 gfLS $ ,4 op 8.1 Barricades, Warning - LS $ gOQOiO/LS $ ~ e® Signet and Detours 3.1 P reparation of Right-of- - LS $ yW.VILS $ 9~0 °9 Way I SP-10 Rock Excavation 50 CY $ 40-/CY $ 75D~ d 3.12 Temporary Erosion Control - LS $ 3eDIWL S $ ~o d0 Materials and Labor $ / S Incorporated into Project Other $ / $ TOTAL P - 4 Mimi r~yw.ry ~k i BID SUMMARY PROJECT WORE DAYS ~Q Mozingo Street 8 Inch Watermain 25 Mozingo Street 8 Inch Sanitary Sewer 30 S liar, STr'~~ TOTAL 55 $ /~D, 79ra 3O Award will be made based on the total bid. The watermain and sewermain have been separated out for Accounting purposes only. Work days will be kept on the total project. I I i I i 4 f J B - 2 4. i 0000 o r~ o a a~ o Q Q o 0 oooO OOQ r p Oco y S a° p o N' 111-io o e2 aoaaa I i I I z CONTRACT AGREEMENT ) STATE OF TEXAS S COUNTY OF DENTaN § THIS AGREEMENT, made and entered into this day of SEPTEMBER A.D., 1991 by and between CITY OF DENTON of the County of DEWMN and State of Texas, acting through v thereunto duly authorized so to do, hereinafter termed "OWNER," and f JAGOE PUBLIC CO., P.O. BOX 250, 3020 FT WORTH DR• DENTON TEXAS 76202 1 I 1 II ' of the City of DENRON County of D J hereinafter and State of termed "CONTRACTOR." WITNESSETH: That for and in consideration o and eperforme and agreements hereinafter mentioned, to be made 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: t o BID 1 1545 - MMIACE MISCELLANEOUS WATERLINE 92' in a 141. 0. 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, aendt'i tkaeccordance with all the General Conditions of the Ag 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 t all maps, plats, blueprints, and other d,,,wings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING AND TRANSPORTATION DEPARTMENT 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 i Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or I ; 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 E 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 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 014NER agrees to pay the CONTRACTOR in current funds the price or prices shown in thL Proposal, whi,nh forms a part of this contract, such payments to be subject uo the General and Special Conditions of the Contract. CA - 2 i IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF DM" OWNER /f BY w ~ !'emu G (SEAL) ATTEST: i ' J ACM PFIf1i.i CON / j B I t g I (SEAL) APPROVP-45- TOE FORM: ty At ey CA - 3 ti I PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DEIQTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC Chi _ , of the City of County of _ DL+na , and State of mwxq as PRINCIPAL, and _ SEA900M SURETY COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTnx as OWNER, in the penal sum of THREE LTUNDRED RTY S7Y OIQF HUNDRED FOR'T'Y ONE and no/100 Dollars ( 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: f WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 21 C;gy of SC R 19--U, for the construction of HID / 1545 - REPLACE HISCELLANFMS 1.' in the amount of $346,141.00 I I 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 sha21 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 72nd Legislature, Regular Session, 1991, 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 r OWN A 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 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of c>ctober 19_x, ' JACOE-PUBLIC COMPANY SEABOARD SURETY COMPANY PrinciZpa Surety _ r By - le y ~S -iJ Rosemary weaver Tit '1 Title Attorney-in-Fact T Address: P. 0. Box 250 Address. . Burrit Mills Road & Route 206 I Denton Texas 76202 Bedminster New Jersey 07921 i _ 1 I{ (SEAT) (SEAL) The name and address the Resident Agent of Surety is: Willis Corroon Corporation of Texas/Dallas Division 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CO. of the City of DENTON County of DENTON , and the State of ~rY•~ , as principal, and REaRn -HRPTY MMPANY - authorized under the laws of the state of Texas to act as surety on bonds for principals, are held and firmly bound unto "HE CITY Or DENTON OWNER, in the penal sum of TfiRH& HUNDRED FORTY SIX THOUSAND ONE HUNDRED Dollaan9 10346a141.00 } 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 21 day of SxPTEMBPR _ 19 93 ~f h BID i 1545 - REPLACE ![ISCET..LANFAUS FTATSRL 92' 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, tLat 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 72nd Legislature, Regular Sesaion, 1991, and all liabilities on this band shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 I~ 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 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 5th day of October 19 93 . JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY Principal ' Surety r ose ary aver - 4 Attorney-in-Fact Title Title 4 Address: P. Box 250 Address; Burnt Mills Rd. & Route 266 { Denton, Texas 76202 Bedminster New Jersey 07921 (SEAL) (SEAL) i The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas/Dallas Division 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 PB-4 MANTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTC^ § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC, Co. as Principal, and SEABOARD SURETY 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, II Texas, the sum ofd' TRTY EaIg TmnnaUn gTx EIMMED FOURTEEN and 10/100 j Dollars 4,614.10 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 JAGO'-OBLIC CO. has this day entered into a written contract with the said City of Denton to build and construct BID 0 1545 - REFIACE MISCELLANEOUS WATERLINES 92' _ 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 i' 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 f.s 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 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 JAGOE-PUBLIC COMPANY as Contractor and Principal, has caused these executed by presents to be I I and the said SEABOARD SURETY COMPANY as surety, has caused these presents to be Attorney-in-Fact Rosemary weaver executed by its and the said Attorney-in-Fact has hereunto set his hand this 5th day of October -.ter 29_93 , 1 SURETY: PRINCIPAL: SEABOARD SURETY COMPANY JAGO PUB COMPA BY: Rosemary Weaver ' .attorney-in-Fact - MB - 2 , fed Copy SEABOARD SURLY CO~ 1M- 0698 No , 11205 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, consfitufed and appointed and by these presents does make, constitute and appoint Jerry P , Rose Or Linda O'Nale or Robert Stoeck or John R. Stockton or Rosemary Weaver of Dallas, Texas its true and lawful Attorney-in-Fact, to make, execute and deliver on Its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows, Without Limitations I Such insurance policies, surety bonds, underfa%ir 3s and instruments for said purposes, when duly executed by the aforesaid Alto'ney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officars of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed This appointment is made pursuant to the following By-Laws which wart duly adopted by the Board of Directors of the said f Company on December 81h, 1927, with Amendments to and including January 15, 1982 and are still In full force and effect: ARTICLE VII, SECTION 1: tnsuranPe kiss, sue, b~ o^fdi' o9r4asne", stipulations, conaenfa of surety, undenwlling undertaklnpe and Instnrmants rota wriur poli ognzanres,slipu.ationa,consents ofsureryandunderwriting undertakingsoftheCompany, tiniff >~o. gs relating in any way thereto or to any claim or toss thereunder, shall be Signed in the name and on behalf of the Companyses, agredmenis and other (a) by the Chairman of the Board, the Presidon 1, a Vice- President or a Resident Vice-President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary, or (b) by an Aftomay-in-Fact for the Company appointed and authorized by the Chairman of the Hoard, the President or a Vice-President to make such slgnature; or lot by such other officers or representatives as the Board may from time to tlma determine. + The seal of the Company shell if appropriate be affixed thereto by any such officer, Altorney-ln-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and dui attested b one of its Assistant Secretaries, this fth . day of UeCemb.er'... 19_.9.1 y by /pn yirr rr Attest: 14 f 92f s SEABOARD SURETY COMPANY, {Sear . A Isla SecrotEry STATE OF NEW JERSEY 55.. vice -Aresi den! COUNTY OF SOMERSET On this b personally . Kgeegap g, y a 1991, .,before personally appeared Michael S ay of AeCett~bez Vice-President of SEABOARD D SURETY COMPANY, with that he isalV ce P esden tof SEABOARD SURETY COMPme duly sworn, said ANY, the corporationtdehe resies in the of ew-jers.ey scrbed in and which executed the foregoing instrument; that he knows thecorporate seal of the said Company; that theseai affixed to said instrument is such corporateseai; that it was so affixed by order of the Board of Directors of said CprpI9 any: and that he signed his name thereto as Vice-President of said Company by like authority, r-.1.1- Y ; t,'c (.Seal) ~ CERTIFICATbiro I,lAssistant Secretary of SEABOARD SURETY COMPANY do harebyr, ifylhnlthecriginaIIPower llorney of which the iorego>rg is a lull, true end correct copy. is in full force and ellect on the deteof Ibis Certificate and I do further certify that I he Vice-Prosidem who executed the said Power of Attorney was one of the Officers authorized by the Board of'7irectors to appoint an attorney-In-tact as provided In Article Vir, Section 1, of The By-Laws SEABOARD SURETY COMPANY This Cerlificate may be signed and seated by lacsimila under and by authority of the following resolution of the Executive Committee of the Boa ,d of fArectors of SEABOARD SURETY COMPANY at a m Feting duly called and held on the 251h day of March 1970 'RESOLVED. (2) That the use of a printed facsimlie of rho corporate seal of the Company and of no signature at an AssSlanl Secretary on any certificalion of the correctnessot a copy of an instrument executed bythe President or n Vice-Presldenf pursuant to Article VIh Section 1, of the By-Laws appointing and authorizing an anorney-m-fact to sign in the name and on behalf of the Company surely bonds, underwriting undertakings or other inslrumenl6 described in said Arlicle VII, 89chon 1, wi(ii like effect as if such seat end such signature had hnen manually affixed and made, hereby is aultiorized and approved euiorized and approved." IN WI rNESS WHERE F, I have hereunto set my hand and affix d th~ corporate seal of he Company to these presents this day of 4yl e 11 Vie. 19 . ~j C-I'927 4. ol,,~.-- Assi tent Secretary roan 237 iRev 7,N) IIMANT NOTICE TO OBTAIN INFORMUTION OR WJCE A COMPLAINT YOU MAY CONTACT 711E TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, i COVERAGES, RIGM OR COMPLAINTS AT: 1-800-252-3439 YOU MUY WtM THE TEXAS DEPARTMENT OF IM URAMM: P. 0. Box 149104 AusTIN, TX 78714-9104 FAx 1(512) 475-1771 i PREMIUM OR CLAIM DISPUTES: SMHOULD YOU HAVE A DISPUTE CONCERMING YOUR PREM UN OR ABOUT A CLAIM YOU SAOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU NAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YU POLICY; THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACMi M DOCUMENT. AfN!ltfi. 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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: Without limiting any of the other obligations or liabilitles of the Contractor, the Contractor shall provide and maintain i otll 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 net 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 F compliance with these general specifications throughout the duration of the Contract, or longer, if so noted; • Each policy shail 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 • 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 retentionz with respect to the City, Its AFFM68A REVISED 08102/97 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses, • Liability policies shall be endorsed to provide the following; Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers, • • 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, • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage, • 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 I contract shall be covered, • 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 i limits or obtain Owners and Contractors Protective Liability Insurance. • 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 eff.active on the date of the lapse. I r AFMBA REVISED 0810203 y~ R Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMFUITS: All insurance policies proposed or obtained in satisfsctGrn of this Contract shall additionally comply w,;h the following marked specificatio,is, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted; Ixl A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ 50n,nnn 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; • Coverage A shall include premises, operations, completed operatlo is, Independent contractors, contrracu al Jiabil ty covering this contract and broad form property damage coverages. i • Coverage B shsll include personal Injury, • Coverage C, medical payments, is not required. If the Comprehensive Genoral Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall Include at least; • 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. • Broad form contractual liabllity (preferably ,,y endorsement) covering this contract, personal Injury liabir.y and broad form property damage (lability, AP+'006BA REVIAM 06102193 v Insurance Requirements Page 4 [A Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits {CSL1 of not less than soo.ooo either in a single policy or in a combination of basic and umbrella or excess policies, The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement far: • any zwto, or • all owned, hired and non-owned autos. 6J Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requiroments for issuance of such Insurance, has Employer's Liability limits of at least 3100,000 for each accident, $100,000 per each employee, and a $600,000 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 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 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. AFMBA REVERED 08102193 s Insurance Requirements Page 5 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. i [ ] 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. Builders' 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. I [ l 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 ba described In the "Specific Conditions" of the contract specifications. AFF0060A AEVIS8D 04102M a BID 1545 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR ITIE CONSTRUCTION OF REPLACE MISCELLANEOUS WATERLINES 1992 IN DFNFON, TEXAS The undersigned, as bidder, declares tha':. he only person or parties interested in this proposal as principals are those named herein, that this proposal i~ :ado without collusion with any other f person, firm or corporation; that he has carefully examined the t form of contract, Notice to Bidders, specifications and the plans j therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordanc4 with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - I Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance band and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. owner reserves the right to reject any and all bids. owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: i I;! i i i r P - 2 WORK DAYS 55 Replace Hinc. Waterlines 1992 BID N0. 1545 PO NO. BID TABULATION SHEET ZTEN DZSCRZPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6" Waterlinu 3,500 LF $ 19 T/LF $ 4w 2.12-8 6" Waterline 2,825 LF $ r~/0Q/LF $~p T~s SP-41 Asphalt Saw Cut 8,905 LF $ O'109 /LF $ ~71 J~or 2.16-A Water Service (R.O.W.) 73 EA $ fdoo/EA $ 2.16-B Water Service 1,700 LF $ 9 CQ/LF $ 0 Private Property) 2.13.1-A 6" Gate Valve 7 EA $ Jat!olEA $ a, 2,13.1-8 B" Cate Valve k 3 EA $ 7g /gA $ /~j~0 2.14 Fire Hydrant v 9 EA S ~~;~pA $ ~~hj~Q 2.13.2 2" .9lowoff Valve 2 EA $ ~QQ /EA $ ~/©D Installation 3-A Remove Concrete Pavement 10 Sy $ d w/SY $ ~Q d I 5.8 6" Concrete Pavement '0 Sy $ /14 /SY $ /lip Qj SP-2 Concrete Saw Cut 36 LF j SP-40 Cut and Plug Existing 17 EA $ S66601EA S "S /d~ B Waterline 6.4 16" Bore & Pressure Grout 35 LF $ ~Q/LF $ a, SP-37 Excavation Protection 300 LF $ 2 o~/LF $ &oo 0 SP-39 Project Signs 2 EA $ OPI EA $ ~QOD 3.1 Preparation of Right-of- LS Way SP-10 Rock Excavation So CY $ A9 &V /Cy g ~rQ d 8.1 Barricades, Warning - LS O~LS Signs, and Detours 1.21 Contractors Warranties - LS $ /QyB44LS $`~~/Jg4 and Understandin s 7 2.12.8 Cast Iron Fittings 10350 LB $ P7 0-91,3 S~, 7DQ Labor plus materials $ P - 3 ?i0 l~ WORK DAYS 55 1595 Replace Misc. BID NO. Waterlines 1992 PO NO. BID TABULATION SHEIRT ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Other $ Total P - A I~ WORK DAYS 25 rmerson 8" Waterline 81D NO. 1545 Po NO. BID TABULATION SHEET ITEM nSSCRIPTION QUANTITY UNIT UNIT PRICE TOTAL, 2.12-A 6" Waterline 133 2.12-8 8" Waterline 2,771 LF $ a/d4/LF $ dO 2.16-A Water Service (R.O.W.± 45 EA 2.13.1-A 6" Cate Valve 3 EA $ ~i~~/EA $ ?Q~ 2.13.1-8 8• Cate Valve 4 EA $ .5D0-1-*/EA $ I 2.13.2 Slow Off Valve I! 1 Installation i EA 5 ~Q/EA 2.14 Fire Hydrant g SP-40 Cut and Plug Existing 6 EA $190 / S~D Waterline /EA $ I SP-41 Asphalt Saw Cut 5,758 LF $ / O /LF $ SP-2 Concrete Saw cut 10 LF $ ~(4Q /LF $ yo 9 SP-37 Excavation Protection 300 LF $ o?0,9 /Lr 5 GoooO 3.1 Preparation of Right-of- WA LS $ z,0009-~YLS $ SP-10 Rock Excavation 50 CY $ /Q /CY $ S C SO 8.1 Barricades, Warning Signs and Detours LS $ 40004,0l LS $ d 1.21 Contractor's Warrantiej LS $ S,3~SB9/LS $ 'T and Undsratandin s 3gj~ 00 2.12.8 Cant Iron Fittings 625 LBS 0 q $ /LB $ 3-C Remove Walks and Drives 11 SY $ gQ0 /Sy $ 8.3-B Concrete Driveway 11 SY $ 5-0 W /SY $ 0 r Labor and Materials Incor ratod Into project $ Other $ Total P - •A BID SUMMARY Y TOTAL BID PRICE IN WORDS / / i-/-6 Slkl' 1,061 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 I&Wful 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. r ) < { CONTRA ft3 BY; 111 ~c G; z- C; a" 61 Street Address City and State Seal & Authorization (If a Corporation) ~c Telephone B - 1 • BID sUMMAp Replace Miscellaneous Waterlines 92 Emerson 8" Waterline Total It is intended to award contractor. The both portions of this project to one purposes only, pr°)ects are being separated for accounting a s j I B - 2 i Y?t'Nti ffg~ P a 'H I °oooooc jaaooD~Y~ooo SG aQ a~ DDDO~s~044D n ~~O~ooQ~p acoo I A i r NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS MEMIRANDUM OF AGREEMENT JTPA SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (SYETP) COUNTY: Denton _ AGREEMENT NO.: 4600002 ;l jbW Memorandurn of Agreement seta forth the responsibilities of the North Central Texas Council of Governments, and the De t er c ithe e,' and all JTPA participants assprwd to this workske, his agreenwnt s provlslons should provide eft w experience for the woxksite agency and the JTPA participant. Period of Agreement shall be from Jun 1~ 199_3_, to Cn 199-4-, 1. EjU e C A EY_M Proa rash; This program, funded under the : )b Trakdng Partnership Act (JTPA), is designed to provi a work experience, training and special transition services to economically disadvantaged youth. Work experonce must for mdw*VM, with youth Basis pl e and nthe return to wAxM by dropouts end IrrsctwW youth, and on transition to employment ~ilhllha a red Sea%IL The primary octIvitlfa of the program we well supsviW work experience, lob training, A. ratreer ~rrtetion vocational exploration and job rotation. These Important activities am provkied by the woftb agency, In coordination with the JTPA supervision of participants. These knpon" aciNRiea are volunt" by the woAnka agency who will not be reimbursed for such services. III. Suoervlsorv ResoomltWMWs of the WorMlte Anenev; As an employer of SYETP, workske agencies have responsibility to: 1 • Assure that In Wicks is Id reCNt involved In day-104W participant supervision receive orientation and fraklNtg about SYETP; • persons Assm that rwr W h0rW ; Involved In 1M day-today Participant supervialon reoelvo a copy of this agreement for use In managing training We ivitles • Amine 0,0 the child labor provisions of the Fair Labor Standards Act are followed; Outline the participants' lob duties and rsaponvibkkkra; Instruct • i part• Monitor through ants periodic ~~e alty; s' pfrvbion put F,e progress, and prWde sufficient work to occupy the youth; l • Assure that participants do not exwed authorized woxkVN hours and that time will not be recorded for payment for unexcused absences and unworked hours of recreation; • Assure that paniciparts' work time Is recorded dally and Is slgneot by the supervisor and the participant. (A c y Ume-in and time-out log must be used with the Jar A Time Sheet); • Evaluate participants according to time sheet Criteria; • Assure that work Conditions are aide and that participants work safely; • Discuss Informally, with particAparks any job.related problem,- - Contact the JTPA SYETP rwrreelor to help youth with personal or recurring work problems; end • Comply with the Federal iegulatkms governing SYETP. . V Proarsm Administrator's Ree nsl ilb kles; NCTCOG's contractor for the SYETP has resporWbiiky to: • Provide each parson InvoNsd In the day-to-day supervlsia) (Including part-time replacement supervisors) witty orientation and training an program objectives; • Recruit participants anal cenly and verify Itrelr JrPA eligibility; • inform port6partis of their Civil Rights and of grievance procedures; • Counsel paticipeft on personal and job-reiated matters; • Collect and verlfy participants' tkne ewets; • Issue peyct?*~: and • Monitor workabs for cornpllonce with State and Federal regulations and this Agreement, V. Genteel Provl Woo Attachments A. 8 and C are Incorporeted herein Gy reference. FOR: North Central Texas Council of Govemmena: FOR: JTPA Program Administrator NTETC Training Site Agency ~ Contractor. ignature of Au tilled epresentat e Z1g tu re of A ntre or's Aut ed,Representatlw ate Dade Date NCTCOG J1'PA M./t •92 WORitWE AGREEMENT ATTACHMENT A 37 A. rrt Reaufrements• This agreement must traknkng them Yt TP contain a bung a flee following Items galore aryX Program: can begin employment t. Name and address of agency wotkstw;om (fl there are more than one 2 Names of the workske supervisors assigned to SLIXW4U the aCtNtla 3. Job dwxipdons for each ft yyo~ assigned t wWW9 ya;t~ yip 4. 11016 number and the names of the participarMS MOW to each Workstatift lift J Supervisors and the "rim" agency numt with Child Labor Laws MOW the Fair Labor Standards Act (600 fallowing Wwon ClnBd Labor Bulletin tot, Departrrtertt a Labaj, Come will be met by the No >*tAh ender IS years of age may be employed In any nonayrfcultwaf occupation which has j hazardous by the Secretary of Labor. This generally applies to any work whk3n could be conaidar9d unsafe or hazardous. (See pages 3.12 In Bulletin tot; Rey. August 1990.) j The lob" oonditkxr. mc'st be met to help prevent accidents: • Youth 14 and IS years of age cannot be assigned work Involving (see pages S-9 In Bulietln 101); Pier driven mowers or cutters • Necessary precautlons must be taken to Insure a We workske; • Youths under 18 cannot be assigned work requiring heavy wung; j e Youths Involved In moderate l trop must be Instructed In @safe• lifting lxocedures and they must be closely supe assigned a job requiring safety equipment, e.g., special shoes, must be supplied this ' - . equipment and oriented on its use. (Examples: ground work or work in maintenance and storage warehouses, oups not of", etc.); and • Youths I ndividuw~y or in gr ex~ing & per supe, maintenance, etc., must be supervised closely either C. Worksk• ae«,.,, n.._ Attendance PoHew h Is the policy a Cif of Denton to pnaWda standard working hours of 8 to 5 and lunch from to days a week. PaWnonpaid break periods during work hours are from am. to &m. and from P.M. to p.m.; or because of the nature of the work performed, it is the policy of this agency to provide, jr, the discretion of the workstation supervisor, flexible paid/nonpaid break Periods not to exceed 15 minutes 2 times a day. WQRKSITE AGREEMENT ATTACHMENT A (contlnueA D. AnuraaM The worksite assures, with respect to the operation of the program and alt agreements, to Carry out the program for which assistance is provided, that It wW comply fully with Tide VI and TWO VII of the Civil Rights Act of 1964, Gaction 6Aa of the Rehabilitation Act of 1973, as amended, Section 167 of the Job Training Partnership Act of 1962, Title IX of the Education AmendnWO of t 982, as amended, the American Disabilities Act of 1890, and with an requirements imposed by or pursuant to the trnpfomentktg ►egulatkM in 29 CFR Parts 31 and 32. No person shall on the grounds of race, ocior, reNOM am national origin, age, handicap, polidpd affiYadon or belief be aduded from parli*stlon In, be dented employment or V* ft In the adrttirOstratim of or In connection with any program or acxhrky fuxtded in whole or in part with funds m .de available cruder the Job Training PanneraNp Act. In the event an accident occurs during trali ft NCTCOG, as the program administrator, provides the required Wor4cers CompOnsation to cover the cost of emergency medical treatment Th.~ bhov ktg steps must be taken: 1. Contact the participant's parents, 2 Cal for emergency service provider or take ttme youth to his/her doctor, hospital or clinic as soon ac possible; 3. Contact the JTPA counselor in your area If you cannot get In touch with the counselor, call this (817) number, 387-8800 for further Instructions; and 4. Make rote of haw the accident occurred, when and where it happened, and obtain the names of witnesses. (This Information must be recorded on an employer's report of Injury for the Worker's Compensation carried and for the Industrial Amidem Board.) E. Tetlninstlon of JTPA Psrtfclvartt : If a youth Is not performing satisfactorily, the JTPA counselor should be contacted to discuss the problem. B the problem cannot be resolved, then a transfer to another workske or termination from the program will be considered by the program operator. The counselor will work with the worksite supervisor to ensure that problems will be solved In a reasonable and mutually satisfactory manner. l the situation warrants, the workshe supervisor may suspend a participant from the workstation for a period not to exceed two days. In the event of a suspension, the immediate v ipervfsor must contact the JTPA counselor or a staff member of the program operator Immediately. If JTPA counseling has been provided and the situation continues, the wo(kshe may request that the pwticipart be removed permanently. Actual termination Is at the program contractor's dtscretlonn. Work continuation Is at the workshe agency's discus W. JTPA pardclpants will be assured of equal, fair and just treatment under the U.S. CM) Rights Act Participants will receive written notlficatlon of their rights under the Act and of procedures to file a complaint. 6. OooO~n o0aGQQpp~~Q~~o O©O'~ o, so o~ g 9 t dOOOO~oo r ° (N+ } ~ ~ooOO OQQQU4iu~Q0 i I 1 II I i CONTRACT AGREEMENT STATE OF TEXAS § 1C COUNTY OF DENTON § THIS AGREEMENT, made and entered into ..his 14 day of SEPTEMBER A.D., 19 93 by and between CITY OF DENTON of the County of DENRCIN and State of Texas, acting through LLOYD y 1RRFLI, thereunto duly authorized so to do, hereinafter termecl "OWNER.," and LAYNB-TEXAS A DIVISION OF LAYNE INC. 5734 AI$RICAR LEGION ROAD ZMR. TEXAS 75708-9147 of the City of TYLER , County of £M4ITfi and State of TES 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 com lete ~ OR hereby agrees with OWNER to commence and p performance of the work specified below: BID 4 151n - PLUGGING AND ABANDONING OF WATER WELLS #I., #5 and A8 in the 45,910-00 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, anA 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 - I. 'fl all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefore, as prepared by WATER PRODUCTION DEPARTMENT ail of which are made a part hereof and collectively evidence and constitute the entire contract. Inderendent Status It is mutually understood and agreed by and between City arid Contractor that Contractor is an independent contractor and sha;'.l 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. ` ! Indemn~,~, ation 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. j Choice of am am 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 Vie Contract. CA - 2 .Yl',1 . VI •V~j1I {j ~j IN WITNESS, WHEREOF, the parties of these presents have executed tais agreement in the year and day first above written. EST: CITY OF DEN' (SEAL) ATTEST: LAYNE--TEM; INC. COAT CTOR By Title Branch Hager (SEAL) APPROVED AS-TQ.FORM: ~T i Ci 6 orney l I i r AAA0F84D CA - 3 PERFORMANCE BOND STATE OF TEXAS 5 BOND #12-41-89 COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That S,A~~-~~zxac rvn , of the City of TY.r R County of _ SMITH , and State of wxAR as PRINCIPAL, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA as SURETY, authorized under the laws of the State of Texas to act as surety on bands for principals, are held and firmly bound unto the THE VTTY .F DL+N71~N as OWNER, in the penal sum of FO , FIVE THbIICaun EIGHT IRMRRn TEN 1100 Dollars Aq,ninjuL_) 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 14 day of , spa 19 93, for the, construction of BID i 1530 - Pra w..TNr Aun AEm[fJNING OF I WATER WELLS it #5 and AB in the amount of S45.BI0.00 1 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 observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specificat'l.ons hereto annexed, then this obligation shall be void; otherwis, co 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 72nd Legislature, Regular Session, 1991, 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 - IVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie it 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 d•awings 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 28th day of Se temper 19 93 , 4~vne-Texas a Division of Layne Inc. INSURANCE COMPANY OF THE STATE OF ,Principal ~l~f^✓ //_/J~ ~ Surety PENNSYLVANIA By 1onC~alcl K,,~C ~ ~ I Title Ban Ma a r ~ i Title BRENDA LINZE !I ATTORNEY-IN-FACT Address; 5734 American Le Ion Road Address o _ i P.O, Box 13647, Tyler, TX 75708-9147 Kansas City, MO 64199 i SEAL) (SEAI ) Thi name and address of the Resident Agent of Surety is; JANICE GAY CORREY, ALEXANL10%R 6 ALEXANDER OF TEXAS, INC, 19th Floor, Lock Box 8, 71.7 North Harwood St., Dallas, TX 75201-6588 NOTE; Date of Bond must not be prior to date of contract. ALEXANDER 6 ALEXANDER OF TEXAS, INC. BY__a VICE AAA0184D r PB - 2 I f. PAYMENT BOND i ` BOND #12-41-89 I STATE OF TEXAS 5 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That LAYNE-TEXAS INC. of the City of TYLER County of SMITH and the State of TEXAS , as principal, and INSURANCE COMPANY OF THE STATF ()F PF.NNSYi.VANTA authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto mnw rimy ors nEwrm OWNER, in the penal sum of no/100-- MM-FI_VZ THOUSAND BIMr. HvNDnrn PEN mLLABS and Dollars d5.8Tn_on 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 _-14_ day of cavraMAQU 19 93-. i I BID 61530 - Plugging and Abandoning of Water Wells #1, #5 and #8 to which contract is hereby referred to and made a part hereof as fnily and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION 01' THIS OBLIGATIOET 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 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alter-.r'.'-en or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings acccyf.~anying 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of September 19 93, Layne Texas, a Division of Layne, LnC. INSURANCE COMPANY OF THE STATE OF Principal Surety PENNSYLVANIA By Donal K. Cam ell Title Branch Manager Title BRENDA LINZE Attorney-in-Fact Address: Address: P.O. Box 13647 5734 American Legion Road Kansas City, MO 64199 i Tyler, TX 75708-9147 it i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: JANICE GAY CORREY, ALEXANDER & ALEXANDER OF TEXAS, TNC. 19th Floor, Lock Box 8, 717 North Harwood St., Dallas, TX 75201-6588 ALEXANDER & ALEXANDER OF TEXAS, INC, BY . 4.~ xk-l VICE PRESIDENT AAA0184D PB - 4 i I Y y J POWF;R OF ATTORNEY ne insurance Cmpamy of the State Of PenlgsylvARIP "acw saw clow, *pas sloes, Near Pooh, KY. tom No -WCUA 861 KNOW ALL Milli BY 4'HESE PRFSE I51 That Trs lowed" Cysixttq of aid am of rum, lraeela a rw..ylvada eafparatiM men her*" apposed ,„Dek A. GCjb&V4r, IN P, I Liam, Suo CataXMo, Jay R. Wuner, J. R.'I'lltorripwo, Roger Fcaaler, Steven M. Laogc of K:m,~as City, MW"ri-- fee Moe MW Mvrfwl Attontry(e}Iw-P&A with fig aatiag* ao asewtc oaks klvR beeede, wee~~~p recopiranaa and other coot racts d Itwkmnity and writinp **pk" in tie aawm tiaaaof, WMW b lks owm R11" W"osl, and to hied The ""Ay thereby. IN WITNESS WIJMOF, are wavirmtce co,ePa.y of tie stsae d rew.ykwe" had wwwwa ttew pevvats ! IML-a ,1923. Muk E. Re Via President , £!'A78 OF WN YORK 1 - COIJNn Or NEW YORL)m i Ot.taiet,l9,q,I, infests tart cam do sine aaoed offlm of This lomwe q /OSfPH E, NOZZOLIO CC~w of this SON of Ufa b ee pUeoady kWO Stare of New YOWL' M the ieedlvAdual seed oldies Mace#ad WraYt, Add +thaaa~saf Notary Public, S No. t15~N0<65))S4 that he ereetated the roaasafal faatrtrsesd W aJ11md ties anal of OwelMed in Wurchsttar ow" g ow coapotaNow unto Yr wdm* of hem o1Soa Jrm Fwiroe Jan. JI, CERTIFICATE fl=" of PA"WdW adopsd by the Board of Di WWO d ab eeawraroe Cospasy Or U110 State of Peaeeylvania, on May 18, 1M f 'RNSOLV®, that the Chehraa of the Hoard, the fYe"al, Or MAY Via Preaidant ha, add hereby k autkurist4 to app" Altaweye.Jahem nod act f for amid w behalf of this CQmq* y 0e caecwte, bonds, oidweakial , wee phaiaau sad otiu toRtratta of indemnity and wridnp obllptory ts ct mature f r and - to Ott" tiestM tM Obg0f .a 00101 of the C M RRy, ill the 4aaaacUM of its wtely bueiro; 'Rr-%MVFD, that the wpnaw" seed atttwtataoRS at vi off sex acid the " of tie C<stpwy say be aditoad to try wch rower of Altorwy or to am; oartifieste rel;i therein by faaNefh, and any wd row d Atwrwey or cer"wate. bcasteg v i 101+b+M alpatwres cc faaefrnile eat sW be valid aad binding upon the Ctratpaq wWa ao ddRad with 0sepoN to say IroRC, O&dU akty rerOgniuate Or other Amu-at Of i01Weseeaty Ot wrkkg obiptor! lo the Ralwe thereof; 10.pSOLVED that any suci Aturteeyaa °aa daiiveting a surclarul cerWratioe thM tie loresning rartfudou 0H 401 In effect may insert in each aRUiccalJoe the AltorKy-a-Pact.' Rate fitted, axi dau to beat later ties tie date of delivery thereof by such 1, fr f sbcti M. Twit, Seen" of 'lre lacurance. Wrnpony of the State of Pennsytvan'u, do hercb!, cerilfy that the fore oink excerpts of Raaoiwtioa adopted by the HOaM of NrWhvs Of tbY WgKW*tioa, r.W the Powex o/ Attorsey baud punuant thereto, are true and mrrect, and that both the Resdutios and the Paver of Attorney an la fog fovea Sad affect. IN WITNE.S,S WHEKEOF,1 have Acmixam set my IrRd sad affixed the facsindY real of the for" tbR et, ;470&heth M. Tuck, Secretary J 1 MIMIC CERTIFICATE OF INSURANCE ISSUE DATE,MM/DWYY) 9/28/93 vnonuclR THIS CERTIFICATE ISIS09D A$ A MATTER OF INFORMATION ONLY'AND CONFERS NO Ri3HT8 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ROLLINS HUDIG HALL DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 100 NORTH BROADWAY, SUITE 1700 ST. LOUIS, MO. 63102 COMPANIES AFFORDING COVERAGE (314) 231-0100 COMPANY LETTER A HARTFORD INSURANCE COMPANY B INWRED /LEETTER 2 090 . 1 COMPANY LAYNE-TEXAS LETTER C A DIVISION OF LAYNE, INC. COMPANY 5734 AMERICAN LEGION ROAD LETTER D TYLER, TX 75708-9147 COMPANY LETTER E COVERAGE!! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTW4THSTANDING 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 13 SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE Of I"URANC! POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA DATE IMWDOlYYI DATE (MMIDOIYYy GENERALAOOnCOATE 65+000,000 A X COMMEHCIALGENERAL LIABILhTY 84 CSED58810E 5/01/93 5/01./194 PROOUCTS~COMFVOPADM 621000,000 CLAIMS MADEX OCCUR. 84 JSBD58809E _ PBRBONAL 6 AOY. INJURY 62,000,000 OWNER'S{ CONTRACTCA'S PROT. EACH OCCURRENCE (2,000,000 X CONTRACTUAL L FIRE DAMAGE (MV one Nre) 4 2 50 , 000 MED. EXPEhw wapmon) 6 50000 AUTOMOBILE l1ANL1TY COMBINED SINGLE A X ANY AUTO 84 CSED58811E 5/01/93 5/01/94 LIMIT 62,+,00+00'1 ALL OWNED AUTOS BODILY INJURY 6 SCHEDULED AUTOS 84CSED58812E TX (P""mm) II X HIRED AU708 EODILY INJURY 6 f X NON-OWNLID AUTOS (Per AaIO"H) h GARAGE LIABILITY I PROPERTY DAMAGE 6 l11L:,S LIAaLIri EACH OCCURRENCE f 1 UMBRELLA FORM AOG.TFOATE f OTHER THAN UMBRELLA FORM STATUTORY L' ' I WORKlR'S COMHLNMTION A AMD 84 WBRP40001E 5/01/93 5/01/94 EACHACCID'eNT 62,5004000 DISFAW-.POLICY LIMIT s2 l 500,000 luaorlFn'uAauTr 84 WLD58808E DIEEAR-EACHEMPLOYEef2, 500+000 OTHER DSSCRNTION Of OPEMTN3kWLOCATIONSNKIBCLESISPEC$AL ITEM JOB 128-1238, JOB LOCATION: DENTON, TX; WATER WELLS ,J1,5 & 8 THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ARE INCLUDED AS ADDITIONAL. INSUREDS AS RESPECTS. LIABILITY ARISING OUT OF WORK PERFORMED BY THE ClM1i/~3TkS0IiFED FOR THE CERTHOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON EXPIRATION CATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO 215 MC KINNEY ST. MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE DENTON, TX 76201 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTNORIEEO R!P lEN~ ACORD 25.8 (7100) • 9ACORD CORPORATION 1920 ooOO°~p oaflCOpGpppoo~o0 00 ~ ° a° VO 0 a ~0~~~°O~aGaa aflp~°°°°°° a I l i ORIGINAL AGREEMENT BETWEEN Tn CITY Or DENTOx, TEXAS AND &M, DAILY, AND BRAIN FOR ENGINEERING SERVICES IS, CONTRACT, made and executed in duplicate this or 2993 by and between the City of Denton, Texaay a tunic al corporation, hereinafter called the City, and LUTZ, DAILY A BRUIN, Consulting Engineers, a general partnership which offices at Cloverleaf 4 Building, Suite 200, 6400 Glenwood, Over- land Park, Kansas 66202, hereinafter called the Engineer. WHEREAS; the Municipal Electric System has exie~ienced a growth and created demands on the electric system that require profes- sional design and consultation services at various times on either unrelated or continuing related problems to genuration, operation, maintenance, alterations, design improvements and emergency work; and WHER'dAS; Engineer is familiar with electric generating systems of the size and type operated by City and has made past studies and 3 provided Professional Engineering Services for the design of the electric generating systems; and WHEREASt City desires to enter into Contract for. Professional Engineering Services as required for the purposes above stated and Engineer hereby offers his Professional Engineering Services as required for the above work. WITNESSETH; f That in consideration of the mutual covenants herein contained, City agrees to employ Engineer to perform the types of services hereinafter mentioned cn the request of city and agrees to pay for the services rendv:'ed according to the schedule of fees herein con- tained. SECTIpN r, The services which the Engineer hereby agrees to perform are as follows: A. ~Ooeratin~, Maintenan o ces. The Engineer may advise the City by telephone, correspondence, and by visits, at such times and with respect. to such engineering prob- lems relative to its electric system as the City may request. Such services shall include but not be limited to the following: 1. Check costs of operation of City to determine operation in the most efficient manner of the steam electric gen- erating facilities of City. Page 1 I r, 2. Confer with City on problems of maintenance and inspect and make pertinent recommendations on preventive main- tenance procedures. 3. Advise City on the best method or methods of supplying the requirements of City's utilities. 4. Make feasibility studies on suggested improvements or methods of operation of the present utility system. 5. Prepare estimates of the replacement costs of the ex- isting facilities or make appraisals as may be requested by City. B. Alterations. ,ImRrovements and Emeraencv Work. The Engineer shall perform such engineering services as shall be requested by City of design and for field observation of construction work ad may become necessary for improved operation and for emergency re- pair of City's utilities. Such services may include but not be { limited to the following: 1 1. Design of revisions or additions to the existing elec- tric utility for improved operation, increased reliabi- lity, or added capacity as required to give good { service. 7 2. observe construction of revisions or additions as re- quired. C. Other Engineering services, During the term of this agree- went, Engineer may perform such other engineering services as City may request. In the case of an emergency, the details cf the en- gineering services to be performed shall be mutually agreed upon and be reduced to writing and made an addendum to this contract. D. CRatract Administration. 1. Prepare contract documents for services to be furnished by the successful contractors as selected by City. Check shop drawings, samples anc% other approval submis- sions as furnished by the successful contractors to determine if they are in compliance with the co;iract documents. The Engineer agrees to make periodic visits to the job site as described in Section III-B. 2. Advise and make recommendations to City, both prior to the execution of the proposed contract and subsaquent thereto with respect to the execution and progress of the work, of interpretation of controversies or disputes concerning such documents, and to prepare and make re- commendations on all change orders. Page 2 i~ 3. Check monthly estimates of the contractors as required during the progress of the work in order to advise the City in approving periodic payments to the contractor. Based on his on-site observations and review and to the best of his knowledge, information and belief that the work is in accordance with the contract documents (sub- ject to an evaluation of the work as a functioning Pro- ject upon Substantial Completion, subject to the results of any subsequent tests called for in the contract docu- ments and to any qualifications stated in his approval) but by approving an application for payment, the Engi- neer shall not be deemed to have represented that he has made any examination to determine how or for what pur- pose the contractors have used the moneys paid on ac- count of the contract price. In the absence of field representation of Engineer, the Engineer will coordinate his efforts with City's designated field representative. 4. Make final inspection and preoperative check out at the completion of the work, coordinate and witness the per- formance toots under operating conditions and furnish the City a written report covering the results of such tests. The written report shall contain Engineer's { opinion as to whether or not the equipment test shows ff that the equipment and its performance have satisfied the requirements of the plans and specifications and recommend a course of action. 5. Engineer shall furnish to City one set of reproducible mylars of all contract drawings for their master file, conforming to the records of construction. Engineer - shall retain the original tracings for their files. E. Field Haines nc e e EAt the reest ngineer shall provide the field observation staff atothehsitetof the work during the period of construction. The staff shall be composed of Field Engineers, the extent of and selection of shall be mutually agreed upon between City and Engineer. The appropriate members of the staff shall perform the following functions; 1. Conduct on-site observations of the work in progress for the City as a basis for determining if the Project is proceeding in accordance with the contract documents and report to City and Engineer whenever he believes that any work should be rejected or specially tested, so that the completed Project will generally comply with the re- quirements of the contract documents. 2. Review applications foz° payrient with the contractor for compliance with the established procedure for their sub- mission and advise city by forwarding them his recommen- dation, noting particularly their relation to the work Page 3 completed and materials and equipment delivered at the site. 3. Maintain a diary or log book, recording daily activities and weather, along with general observations or specific observations as he deems necessary, and at requested in- tervals he shall prepare a construction progress report to the City and Engineer. This report shall state any apparent defects in ti:e performance of the contractors or subcontractors. 4. Provide detailed information on the progress of the work i to City and Engineer to facilitate planning. I 5. Establish priorities for the completion of various phases of the contractor's work to make possible an or- derly pre-operative check out and start-up of the ~ Project. I 6. The Field Engineer will not be at the site of the work continually during the period of construction. He is not expected to be intimately aware of every minute detail of the construction as it progresses since this would be an impossibility. in general, his responsi- bilities are similar to those described in Sections I-E, III-B, and III-C. 1 F. Insurance. Engineer shall maintain, at no expense to owner, insurance coverage placed with companies rated at least B+/X by Best's Key Rating Guide, authorized to do business in Texas, i.n- I cluding a professional liability policy in an amount not less than two million dollars ($2,000,000), including contractual liability coverage. Certificates from insurance carriers evidencing com- pliance by Engineer with insurance coverage requirements as pro- vided herein and naming owner as an additional insured on the Com- mercial General Liability policy shall be submitted to owner. The Engineer shall give of written notice to Owner at least thirty days prior to cancellation or non-renewal of any policies, evidenced by return receipt of United States Certified Mail. Engineer shall furnish owner copies of said policies or certificates of insurance if acceptable. SECTION II. The City agrees: A. To pay the Engineer for engineering services performed under Sections I-A through I-E, a sum based on the applicable rates and expenses as hereinafter stipulated, provided that City may im- pose limitations upon the individual authorization for each pro- ject; and further provided that the total compensation and reim- bursement for expenses payable to Engineer under this contract shall not exceed $9,500. Fees shall be as followsr Page 4 Stenographers/word Processors $22 per hour Draftsmen Senior Draftsmen $35 Per hour Engineering Technicians $45 per hour Design Engineers $53 Per hour Senior Design Engineers $59 Per hour Principal Engineers $81 per hour $102 per hour The above rates are inclusive of vacation, sick leave, overtime and in-house overheads including telephone. Project time spent by Partners will be billed at the princip rentalal , rate parking, plus 25 outside percent. data Penses such as transportation, car Ex- processing, subsistence while out of home office including meal3a motel, telephone, field office, film, processing and incidental expenses will be charged at cast plus ten percent. Reproduction including dais, bond copying, company vehicle usage and com services CAD/CAE, computer aided drafting/computer aided engineers ing, will be charged according to standard rates in effect at the I i time the service is provided. ( The rate for use of personal automobile shall be as allowed by the internal Revenue service (currently 2e cents per mile). The current schedule of charges for the in-house CAD system is as follows: Hourly Rate Connect Time $14.50 The current rate of photocopying is $0.117 per page. { The above rates are effective for the 1993 calendar year. The rates shall be increased by five percent or at the request of the parties at some other mutually agreeable rate for each successive twelve month period. 8. Payments to the Engineer as defined by the method of com- after pensation in this Section shall be made by City within 30 days invoicesc aret deby City tailedo and nvaccurate and gEngineerrsv seervices that athe properly performed. re BECTrs, It is further agreed that: 1 ineAsurvey, wmaterial itestwil s 1 funot el tests a or sasbestos ssurpve party removal in areas which would affect construction, unless City and Engineer agree otherwise in writing. These services shall be con- tracted for by the City, utilizing information and quotation re- quests as may be prepared by the Engineer, S. When the work involves construction of facilities, the Engineer shall make periodic visits to the site at intervals Page 5 Mq 1 I V i i I` i appropriate to the stage of construction to observe the progrcus and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents; he will not be required to make exhaustive or continuous on-site in- spections to check the quality or quantity of the work; he will not be responsible for and will not have control or charge of construc- tion means, methods, techniques, sequences, or procedures, or the safety precautions and programs in connection with the work; he will endeavor to guard City against defects and deficiencies in the work of the contractor, but he will not be responsible for the con- tractor's failure to carry out the work in accordance with the con- tract documents; and during such visits and on the basis of his on- site observations as an experienced and qualified design profes- sional, he will keep city informed of the progress of the work. C. The Engineer will not be responsible for nor have control or charge over the acts or omissions of any contractor, any sub- contractor or any of the contractors' or subcontractors' agents or employees or any other person (except his own employees and agents) I at the Project site or otherwise performing any work of the Pro- ject. D. Because Engineer has no control over the cost of labor, ma- terials or equipment, or over the contractors' differing methods of determining bid prices, or over competitive bidding or market con- ditions or other factors, the estimates of construction cost pro- vided for herein are for information purposes, are not guarantees and bids or construction costs may exceed such estimates. E. Neither the Engineer's authority to act under thnse provi- sions nor any decision made by him in good faith father to exercise or not exercise such authority shall give rise to any duty or res- ponsibility of Engineer to contractor, any subcontractor, suppler or manufacturer, any of their agents or employees, or any other person performing any of the work. F. The duties, responsibilities and the limitation of the au- thority of Engineer as City's consultant shall not be modified or extended without written consent of city and Engineer. G. The Engineer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever occasioned by any error, omission or negli- gent act of Engineer, its officer, agents employees, invitees and other persons for whom it is leyslly liable, with regard to the performance of this agreement, based upon allegations of negligent acts or omissions of Engineer, its officers, employees, and suk- contractors and Engineer will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Page 6 H. Services not included in the basic agreement but which may be authorized in writing by the City as additional services are as follows: 1. Raking revisions in drawings, specifications or other documents when such revisions are: a. inconsistent with approvals or instructions pre- viously given by City, including revisions made necessary by adjustments in City's program or Project budget; E b. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents. 2. Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, City's schedule, -ar the method of bidding or negotiating and contracting for construction. 3. Providing services in connection with evaluating signi- ficant substitutions proposed by the Contractor and makinq subsequent revisions to drawings, specifications and other documentation resulting therefrom. 4. Providing consultation concorning replacement of work damaged by fire or other cause during construction, and furnishing services required in contraction with the ra- placement of such work. 5. Providing services made necessary by the default of the Contractor or by major defects or deficiencies in the work of the Contractor. This would include reruns of performance testing. 6. Providing services in evaluating an extensive number of claims submitted by the Contractor or others in con- necfiion with the work. 7. Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where Engineer is party thereto. 1. In no event, whether as a result of breach of contract, negligence, or otherwise, and whether arising before or after completion of the Project shall the Engineer be liable for damages caused by reason of the unavailability of any services or work to be performed under this Contract or shutdown or service interrup- tion of the project (including loss of anticipated profit, loss of use of revenue, inventory or use charges, cost of purchased or Page 7 replacement sower, cost of capital, claims of customers, or in- ability to fulfill contracts with other parties), or for any other special, incidental, consequential, or indirect damages or losses which the Owner may suffer or incur as a result of claims, suits or other proceedings made or instituted against the owner by third parties, whether public or private in nature. J. All documents, including original drawings, estimates, specifications, field notes and data are and shall remain the pro- perty of the Engineer as instruments of service. The Engineer will furnish City four copies of specifications at the time the contract is awarded. At the completion of the project, the Engineer will furnish to city copies of certain other pertinent data at the cost of reproduction as may be requested by City, and City covenants that the same shall be used solely in connection with this particu- lar project. K. The Engineer will not discriminate against any employee or f a age pplicant for employment because of race, color, religion, sex, k disability or national that applicants i are Temployed, and thataemployees are treated during employment without regard to their race, color, religion, sex, age, disability or national origin. such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment adver- tieing, layoff or termination, rates of pay or other forms of com- pensation, and selection for training, including apprenticeship. The Engineer will post in conspicuous places, available to am- ployees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. L. The Engineer shall perform Designated Services as expedi- tiously as is consistent with professional skill and care and the orderly progress of worst. Engineer shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a professional engineer under similar circumstances. The Engineer shall submit for city's approval a time schedule for the performance of Engineer's services which shall be adjusted as required as the Project proceeds, and shall include allowances for periods of time required for City's review and approval of submissions and for approval of authorities having jurisdiction over the Project. This time schedule, when approved by the City, shall be adhered to by Engineer, except for delays not caused by Engineer. M. The Agreement may be terminated by the City at any date or time, upon written notice of 60 days given by the City to the Engineer, of City's intention to so terminate the services of such Enginesri and upon payment to Engineer of any sums due for services authorized and properly performed by them, as set forth above in this contract up to and including the date of written notice of termination. Page 8 N. Further, the within Agreement may be terminated by the Engineer at any date or time upon prior written notice of 60 days to City. City agrees to pay promptly to Engineer upon receipt of such written notice of termination by the Engineer any and all sums due Engineer for services, expenses and other costs incurred by Engineer as hereinabove provided for in this Agreement. 0. Unless otherwise provided herein, any notice, communica- tion, request, reply or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to any other party must be in writing and may be given or be served by depositing the same in the United State mail postpaid and registered or certified mail ad- dressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party, or by pre- paid telegram when appropriate, addressed to the party to be noti- fied. Notice deposited in the mail in the manner hereinabove de- scribed shall be conclusively deemed to be effective, unless other- wise stated herein, from and after the expiration of three days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the address of the parties shall, until changed as hereinafter provided, be as follows: If to the Engineer, tot Lutz, Daily Z Brian Consulting Engineers Cloverleaf 4 Building Suite 200 6400 Glenwood Overland Park, Kansas 66202 If to owner, to; With a copy to: City Manager Director of Electric Utilities City of Denton 902 A Texas Street 215 E. McKinney Denton, Texas 76201 Denton, Texas 76201 IN WITNESS WH::REOF, the Parties hereto set their hands and seals on the date first above written. CITY OF DENTON, TEXAS BY L DD 4H ALLLL , 4YA G ER Page 9 fi i- ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:14~ APPROVED AS TO LEGAL FORK: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: l~ LUTZ, DAILY AND BRAIN Consulting Engineers { BY: J ck F. a 1 , p.F., Partner I By I Fred J. Lutz, P.E., Partner @t\gfda6\k\lutt.k Page 10 ~ F OOO~D~C Da F ~GoTF NOOO~O C'~ 4 0~~ ~JV 4 d II ~o~ a~ o~G'O p" r u N . ~ ~ pOO~ 1 pa~QDD0~0'~a~~~ I wu I I~ l i I I~ . CONTRACT AGREEMENT STATE OF TEXAS 11 COUNTY OF DENTON 1( THIS AGREEMENT, made and entered into this 20 day of JULY A.D., 19 93, by and between ciTy of DprTnnr of the County of DENTON and State of Texas, acting through E LLOYD V. HARFdUL - thereunto duly authorized so to do, hereinafter termed "OWNER," and T= Tmr'--.6211 Log=- AVE., DALLAS TEXAS 75209 of the City of n ram , County of and state of 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 E 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: SID 1 1516 ASUBS= gEWy L DENTON T^..,A' go= L h, Saxa'^ Qf $ 43,100.00 and all extra work in connection therewith, under the terms as stated in the Gioneral Conditions of the agreement; and at his (or their) own proper cost and expenee 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 Hide), Instructions to Siddera, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114a other drawings and, printed or written explanatory matter thereof, and the Specifications therefore, as prepared by TRIAD ONSITE SYSTEMS , 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, vacaticl 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 Contractors 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 1J under this agreement. } Indemnification k Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of ay kind whatsoever, by reason of injury to property or third persons occasioned by any i error, omission or negligent act of Contractor, its officers, agents, f! employess, invitees, and other persons for whom it is legally liable, with I 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. i 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 not forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time an are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices 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 01145 i, IF WITNESS,WSEREOB, the parties of these presents have executed this agreement in the year and day first above wriekea. ATTEST; OWNER C~ (SEAL) ATTEST: NATI TB NTT S CES INC. OD ACTOR r~ By Title f (SUL) I j APPROVED AS TO PORN: Attorney ti X 1 i I X X 1 CA-3 01148 { r i I D & D Surety and Insurance Agency 500 N. Central Expressway Suite 223 Plano, Texas 75074-6762 Phone Number 214-578-5404 Fax Number 214-576-5407 1 01 Bond No. NB-156691 RIDER TO BOND INVOLVING TOXIC MATERIAL This Bond is being issued subject to the following express conditions which shall survive the release and discharge of Surety from any further liability of its performance and payment obligations required under its bond: BST; The bond Issued by Surety shall not be considered to be a substitute for or In any 4 other way satisfy the requirement for any type of insurance that may be contained in 1 I the contract documents between the Principal, Obligee and/or Owner. SECOND: No suit shall be commenced against the Principal or Surety for any default In performance or for labor performed or material supplied, after two years from the II date of the contract between the Principal and Obligee, or one year after subs antlal completion, whichever occurs last. THIRD: No right of action against Surety shall inure to the benefit of any person, firm or corporation other than the Obligee, or for the use or benefit of the Obligee. FOURTFJ: Notwithstanding any provision contained to the contrary In the contract documents between the Principal, Obligee and/or Owner, Surety shall not be held liable or any other respect be responsible to the Obligee or to any other person, firm or corporation for any act(s) of negligence by the Principal, its agents, servants or employees or by any contractor employed by Surety to complete the contract In the event of the Principal's default, while performing the contract, which results In personal Injuries or property damage. 1 Signed, sealed, and dated this 28 day of July, %*3, No onal Ame I urance Company S TY D oo r Attorney-in-Fact Page 1 of 3 niwra ra PERFORMANCE BOND ME STATE OF TEXAS KNOW ALL MEN BY nMSE PRESENTS: COUNTY OF ( tzstsrt~ast : 771AT we, _11XT2ourw A1KTbaMI Bss Cp9, 2qC &3 Principal, and Nations American Insurance com an as Surety, are hereby held and firmly bound unto the C'Yty of Denton, hereafter called Obligee, in the pans) sum of $ta,loo.oo which is the full amount of Principal's contract with the named Obligee, for the payment of which turn the said Principal and Surety bind themselves, their heirs, executors, admiatstrators and successors, jointly and severalty firmly by these presents, WFIEREAS, the principal has entered into a written contract dated 9-20-93 with Obligee named, to do and perform certain construction work as provided in said contract and the related places, spedAcations, general conditions and other contract documents, all of which are by reference made a part hereof, NOW, THEREFORE, the conditions of this Obligation is such than if the Principal shall C faithfully perform all of the work in accordance with the plans, s p ecifcatl ors general conditions and contract documents, and shall faithfully perform each, every and all other obligations incumbent upon him under the terms of said written contract referred to, and shall fully indcrrinlfy and save harmless the Obliges from all costs, expense and damage which it may suffer or incur because of Principal's default, or failure so to do, then this obligation shall be voJd, otherwise It shall remain in W force and effect. In the event Principal shall default in the falthful performance of the work called for by said written contract, platy, specifications and contract documents, this Surety shall within 15 days of the determination of default (detemtinsd as provided in said contract, general conditions and contract documents) take over and assume wmpledot7 of said contract, or within such 15 day period make other arrangements satisfactory witb the Obligee for completion of the contract, and said Surety shall become entitled thereupon to the payment or benefit of the balance of the contract price as the same matures according to its terns. The Surety, for the protection of the Obligee herein, waives notice of, and hereby consents to any subsequent modification or alteration both In the work to be performed by the Principal, and the consequent price or sums to be paid by the Obligee, as well as any other change, or amendment, addition or deletion in the contract documents during the progress of this work, including but not limited to al) extensions of time or other indulgences permitted the Principal. i Notwithst&nding any o'%her rovislon, the Habllity of the Surety on this bond shall never exceed the penal earn stated in first paragraph. This Performance Bond is liven in compliance witb the terms and provisions of Article 5160 of the Revised Civil Statutes as amended by Chapter 93, H.B. 344, Acts of the Play-Stroh t.elfslature, Regular Semian, approved and effective April 27, 1959, panicUlarly Section A(a) thereof, and this bond and aA of the provisions herein contained shall be solely for the protection of the named Oblilee which has awarded the contract referred to. The undersilead, corporate Surety, does by the execution of this Bond solermtly warrant artd represent that it is duty authorized to do business in Texas. Executed this day of July 19 93 t. pr1dpv Title ! Approved as to Form by Ob11:ee; ZME7 rely, B3yvll b j Tije 03rtis H. Mxse, Pttrmirr-fact NOTE. k 1. This bond must be payable to the awarding authority, city of Denton as the named obligee, and it mast be approved u to form by such awarding authority, 2. This bond trust be furnished before any work is commented, 3. Surety must be a corporate surety duly autbodud to do business in Texas. 4. 7bit PERFORMANCE BOND must be its the full amount of the contract which it Wares. 3, Power of Attorney from Corporate Surety should be attached to this Performance Bond. END OF BOND PAYMENT BOND THE STATE OF TEXAS INOW ALL M8N BY 777E PREMNM COUNTY OF { nnrrat THAT we, aanftE s►mnmT envxgg r nra as l'rirtd rs pai, and it~ Akan n ±±o m„y as Surety, are hereby hold and firmly bound unto the City of Denton, hereafter called Obligee, for the sole use, benefit and prof WOD of all clainmu supplying labor and material (as bereinafter defined) in the prosecution of the work provided for In the written contract hereafter referred to It the penal sum of S_ u.ioo.nn which is the full amount of Principal's Contract with the named Obligee, for the paymaat of which sewn tb4 said Principal and Surety bind themselves, their beirs, executors, administrators and successors, jointly and severally firmly by these presents. WHEREAS, the principal has entered into a written contract dated 7-20-93 with Obligee named, to do and perform cenain construction work u provided in said contract and the related plans, specifications, general conditions and other contract documents, all of which are by reference made a pan hereof. s NOW, THPIWOM the conditions of this Obligation is suet that if the principal shall promptly make paymonu to all claimants supplying labor and material (as hereafter defined) ( in the prosecution of the work provided in said contract, the related plans, specifications, general conditions and other contract documenu, then this obligation sbal] be void, otherwise it shall rams.1a in full force and effect. The Payment Bond is given in compliance with the terms and provisions of Article $160 of the Revised Civil Statutes of the State of Texas as amended by Cbapter 93, H.B. 344, Acts of the Fifty-Sixth 1.sgialature, Regular Session, approved and etfeetivc April 27, 1959, particularly SevJoc A(b) thereof, and the claimants referred to in this bond are those defined by such amendmout to Anfcle 5160, and this bond shall be solely for the protection of aril suet 424maats supplying labor and nsaterial as defined In such amendment, in the prosecution of the work provided for in said contract, and shall be for the use of each such claimant and one others. The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and represent that it is duly authorized to do business in Texas. a 8recuted thL day of Attest; W . c -ntie Approved N to Form by Obiigees Surety By A\ BY Title f`.rrjjc; H- +.+veii~..fa+ - NOM f. This bond must be payable to the awudW authority, C71y of Denton as the aamad obli&"i and it must be approved as to form by suab awardigg authority. fl I Z. 'this bond nwst be furnished before any work is oommeaoed. 3, Surety L=t be a corporate surety duly autborirad to do businm to Texas. ~ i 4. 'Ibh PAYMPNY' BOND must be in the KXL azOW of the contract. S, Power of Attorney from Corporate Surety should be attached to this Payment Bond. M OF BOND NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY OMAHA, NEBRASKA PRINCIPAL National Abatement Service, .inc__EFFECTIVEDATE _ July 28, 1993 6212 Lemmon Ave. Dallas, TX 75209 faTPGET ADOPESSI {CITY) 157AT E) fIiP COD I CONTRACT AMOUNT 43,100.00 _ AMOUNT OF SOND t_. 4 3 ,100.00 _ POWER NO. NB 156691 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that suy officer of the Company shall havc authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fan, such persons, firms, or corporations as may be selected from time to time, Be It Further Resolved, that the signature of any officer .nd the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be 1 val)d and binding upon the Company in the future with respect to any bond or undertaking to which It is attached." National American Insurance Company does hereby make, constitute and appoint nAnn i a It . MAf1YP St ate'of.__T_e.XaB its true and lawful atIorney(sHn•fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and Its act and deed, as follows; The obligation of tba Company shall not exceed one million (SI,000,WO,OO) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Natlorial American Insurance Company has caused these presents In be signal by any officer of the Company and Its Corporate Seal go be hereto affixed, NATIONAL AMERICAN INSURANCE COMPANY sc"Y I"sa4 I o SEAL w. *"I t,l;err, tluln a atrf r:...n.e officer oY.M• +NU.N• STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) On thb Mh day of July, A. D, 1997, before me personally rime W. Breni LaCtre, to me known, who being by me duly Sworn, did depose and says that he resides in the County of Lincoln, State of Okishotna; that he is the Chairman and Chief Executive Ofttcer of the National American Intarom Company, the eorporetlon described In and which executed the abort Instrument; that he knows Ike seal of said cor• porallont that the seal affixed to the said Instrument is such corporate seat; that It was so affbted by order of the Board of Directors of saw corporation and that he signed his name, thereto by like order. Notary Public 11y Commtrbn EiPlra AYpet >a. 199! (D9 STATE OF OKLAHOMA ) COUNTY OF LINCOLN 1 ~t 1, the nrdersftnM, Assistant Secretary of th±',National American insurance Company, a Nebraska Corporation, DO HEREBY CER• TIFY that the foregoing and attached POWER OF ATTORNEY remains In full force. Signed and Sealed at the City of Chandler. Dated (be 2 8 t May of July .19 93 v~~~..de ''e ~R ...✓✓iilxC A WMIfnJ E. NenM~Ma, ArWmH 9ewmery 4 S-EAL i' a age S of 5 McMiM~ 14114011 i 9.10 FINAL COMPLETION AND FINAL PAYMENT I 9.4.0.2.1 In addition to items listed In 9.10.2 to be submitted before Final Payment will be made or rema6.ing retainage released, Contractor shall deliver items required by Section 01700; contract Closeout i of the Proicct Manuel. ARTICLE 11; INSURANCE AND BONDS ! 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 Add the following sentence to 11.1.1 Contractoi's Insurance shall be placed only with companies that have achieved at least ai "A" rating with A.M.Sest. 11.1.1.1 Delete the serrdcolon at the end of Clause 11.1.1.1 and add:, including private entities performing Work at the site and exempt form the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the some limits specified for , 3 mandatory coverage for the duration of the Project. 11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add:or persons or enthies excluded by statue from the requirements of Clause 11.1.1.1 but required by the Contract Documents to proved the Insurance required by that Clause; Add the following Clause 11.1.2.1 to Subparagraph 11.12 ` 11.1 2.1 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is direct to the Insurance requirements balow. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in edvance of Bid subintssit ' .e availability of insurance certificates and endorsements as prescribed and provided herein. If an ap )..ant 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 with the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: I Without dmitlng 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, Contracto. shall file with the Purchasing Department satisfactory certlficates of Insurance, contain the bid number and the We of the project.. Contractor may, upon written request to the Purchasing Department satisfactory certificates of insurance, containing the bid number and We of 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 request prior to bid opening, since the Insurance requirements may not be modified or waived after bid opening unless a written exception 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 specilicatlons t"r:wghout the duration of the Contract, or longer, if so noted: 3 Juna 1993 SUPPLEMENTARY CONDITIONS - 5 11391.D22 1 Y 1 O Each policy shall be issued by a company eligible to do business in the State of Texas and must be acceptable to the City of Denton and Triad Onslte Systems, Inc. O Any deductibles of self-Insured retentions shall be declared In the bid proposal. If requested by the City, the insurer shall reduce or eYminate such deductibles or self-Insured retentions with respect to the CO, 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. O Uablfity poticles shall be endorsed to provide the following: ■ Name as additional Insured the City of Denton and Tdad OnsRe Systems, Inc., and 1 their Of dais, Agents, Employees and volunteers. ■ That such Insurance is primary to any other Insurance avallabte to the additional II Insured with respect to claims covered under the poky and that this Insurance apples separately to each Insured against whom claim Is made or suit Is brought. The Inclusion of more then one Insured shaft not operate to Increase the Ineurer's Ilmlf of liability. O All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, E non-renewal or reduction In coverage. O Should any of the required Insurance be provided under a claims-made from, contractor shall maintain such coverage contlnuousy throughout the tam of this contract and , with out 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 the expiration of the contract shall be covered. O Should any of the required Insurance lapel] during the contract form, request for payments originating after such laps 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 affective on the date of the lapse, SPECIFIC ABDIT19NAL INS RANCr: REQUIR •E M° AN Insurance policies proposed or obtained In satisfaction of this contract shall additionally compy 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: Ix) A. Genaraf Liability losurance• General Uabifity Insurance with combined single limits of not less than s1.2Q0 000 shallbe provided and maintained by the contractor. the policy shall be written on an occurrence basis either In a single policy or In a comUnaflon of underlying and umbrella or excess policies. If the Commercial General UstAlty form (ISO Form CO 0001 current edition) Is used: O Coverage A shall Include, premises, operations, products, and Jomplated operations, independent contractors, contractual liability covering this contract and 3 June 1993 SUPPLEMENTARY CONDITIONS - 6 11391.D22 broad form property damage coverage. Cc,versge 8 shall include personal Injury. 0 Coverage C, medical payments, Is not requlrad. If the comiarehensive General Uability form (ISO From GL 0002 Current Edition and ISO Form 0404) Is used, it shall include at least; GL 0 Bodily Injury and Property Damage liability for premises, operations, products and completed operations, Independent contractors and properly damage resulting from explosion, collapse or undorground (XCU) exposures. O Broad from contractual lability (preferably by endorsement) covering this contract, personal injury flabiHty and broad form property damage Oablity, f fx) Automobile Llability Insurance: Comprehensive or Business Automobile Liability Insurance shall be provided by the Contractor with Omits of not less that 1992,,QPM per occurrence either in a single policy or In a combination of underlying and umbrella or excess policies. The policy will Include bodily Injury or property damage lability arising out of the operation and maintenance of all automobiles and mobile Including owned, scheduled, Wed, and non-owned equipment cles and em nJundon wn this contract ed, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be Wed In the Description or Remarks section of the Certificate of Insurance, OSO Form CA 0001 Current Edition) ix) ~ Contractor shall purchase and maintain Worker's Compensation Insurance, which In addition to meedng the minimum statutory requirements for Issuance of such Insurance, has Employer's Uablky Imb of at least 5100,000 for each accident, $100,000 per each employee, eid a $500.Onp policy Omit for occupational disease, The the insurer shah City need not be named as an Additionailnaured• but employees and volunteeers foranyaworrk peerformed tar ethe City by by the City, Its officials, agents, the Named Insured, Add the following Clauses 11,1.2.2 to Subparagraph 11.1.2: 11.1.2.2 Each policy of Insurance fisted above to be purchased and maintained by the contractor and each certificated of Insurance for said Insurance shall contain a complete waiver of subrogation against Owner, Architect and Architect's Engineers. Fach certificate shall also fist Owner, Architect and Archilecre Engineers as a party Insured, the immunity of the owner shall not be defense from the Insurance carrier. 11.1.2.3 Contractor required Insurance and submitted app appropriate ceAlifoatio site under this Contract until he obtained all 11.1.2.3 Contractor shall not commence work at the site under this Contract until fie obtained all required Insurance and submitted appropriate ceRMcationa. Add the follmaing sentence to paragraph 11.1.3; 3 June 1903 SUPPLEMENTARY CONDITIONS - 7 f13B1.D22 I' If this Insurance Is written on the comprehensive general liability policy form, the Certificates shah be AIA document G705, Certificate of Insurance. If this Insurance is written on a Commercial General Liability policy form, ACORD form 25S will be acceptable. 11.3 PROPERTY INSURANCE 11.3.1.1 Add the following sentence to Clause 11.3.1.1: The form of policy for this coverage shah be Completed Value. ' Delete Clause 11.3.1.4 and substitute the following: 11.3.1.4 the Contractor shelf provide insurance coverage for portions of the Work stored off the site alter 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 shah furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Contractor's usual source, under conditions listed below. and the cost thereof shall be Included In the Contract Sum. The amount of each j bond shag be equal to 100 percent of the Contract Sum. li 11.4.11 The Contractor shall deliver the required bonds to the Owner not later than three days following the date of the Agreement is entered into, or if the Work Is to be commenced prior thereto in response to a letter of Intent, the Contractor shah, prior to the commencement of the Work, submit evidence j satisfactory to the Owner that such bonds will be furnished. i i 11.4.12 The Contractor shall require the attorney4n-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current comply of the power of attorney, indicating the monetary limit of such power. f 11.4.1.3 Provide each bond on the form provided In the Project Manual. 11.4.1.4 Nor sureties wilt be accepled by the owner who are now In default or delinquent on any bonds or who are interested In any Ration 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 bond furnished In connection with this contract shag be by any company holding a certificated of authority as an acceptable surety on Federal Bonds and as acceptable relrtsuring company gated In the Federal Register of the Department of Treasury's latest annual cditlon of surety companies. The surety company or companies furnishing the surety bonds for this Contract must how a Department Treasury underwriting Nn*abon not less than the total amount of the contract. Each bond shall be executed by the contractor and the Owner, should any of the surety be determined unsatisfactory at any time by the Owner, notice will be given to the Contractor, and the Contractor shall Immediately provide a new surety (complying with Article 11) acceptable to the Owner and at no additional cost to the Owner. This contract shall not be valid n will any payments be due or paid until approval of each bond by the Owner. ARTICLE 12; UNCOVERING AND CORRECTION OF WORK 3 June 1993 SUPPLEMENTARY CONDITIONS - 8 11391.D22 ,.7 ~s SECTION 00300 BID FORM PAGE 10 BID FORM SECTION OOi00 TO: CITY OF DENTON DOW: 06/24/93 I In compianos with your Invitation for Bids and subject to the conditions thereof the undersigned; NATIONAL ARATEMANT VLCES INC _ Mama of BIDDER) - a COrporatioo organized and existing under the laws of the State of, TEXAS 1 A Port w&* o xmiating of. i 1 or an l(wMiual trading as: ~ j having P* w4* Offloes in the City of DALI As hereby proposes to NrNsh labor and materials and Perform Work ~ 400# ~ , bonds, irumm* prsmiurm and other aaaodabd pars nrgaasl, In the o ftr4a Work folmo g Pro)ect; Project Nam. _OLD MOQU PRODUCTS BUILDING Address: 601 E. Hickarv Project Number; 11391, D22 in accordance with Contract Documents dated; 6/1/93 as prepared by TRIAD ONSITE SYSTEMS, INC, ACKNOWLEDoEMEN13, The BIDDER declares that he has exardned the site of the Work and fully Infwrnod hirnse r*Muft Pertinent conditions, and that he has examined the Contract Documents Pnck *V Addenda fftWvsd) for the Work relative thereto, and that ha has satlsfled himself relative to the Work to be perforrned, i `J r SECTION 00300 BID FORM PAGE 11 BASE BID: The BIDDER herewith submits for the portion of the Work identified as "Base Sid" a lump sum hid of: FORTY-ONE THOUSAND NINE HUNDRED DOLLARS , Dollars 41,900.00 Calendar Days: it Work Hours: 10 Hours/Day ALTERNATE NO.1: The BIDDER hsr"It submits for the portion of the Work Identified as "Alternate No. 1" a deduct, if apple able, lump sum In the amount of: ZERO + Dollars (S 0 Cufendar Days Work Hour': t ALTERNATL NO,1: TM MDMR hwsvAth submb for the portion of the work identified as "Aitemate No, 2" an cOMori, Pump sum In the amount of ONE THOUSAND TWO HUNDRED DOLLARS y Dolars ;f 1,200.00 Additfopat Days 2 Work Hours: 10 Hours/Day I I ADDENDA: The ISIDDER ackrtow1*09" rualpt of Addenda Numbers: ONE DATED JUNE 16, 1993 UQUIDATED DAMAGES: The underaWned agrees, If awarded the Contract, to complete the Work within the number of calendar days shown In Sectfon 01000 or pay ft CITY OF DENTON $500,00 per calendar day in excess of such number of calendar days UgtWsted Damages, PROJECT SCHEDULE: The BIDDER submits the totWMrtg Work schedule as a moditkatlon of the Maximum Pro)ect Duration referermad In Section 01000 (BIDDER may submit modification to increase the Project Duration only). The CITY OF DENTON will evaluate this submittal wfth consideration of the value of con "bon of the Project based on an Irrarease In the number of calendar days to complete the project. Should the BIDDER choose to work KUM the schedule harelu submitted, servtcas for inspection and Air Morfitofing will be provided by TRIAD ONSITE SYSTEMS, INC, and shall be scheduled per Section 00600, The coats or such servlcas will be bookchari by the CITY OF DENTON to the BIDDER at CITY OF OENTOW3 lost plus twenty percent (M). The BIDDER agrees to start Work wtthM 14 consecutive calendar days of receipt of notice to proceed and complete the Contract *Mn; 12 consecutive calendar days, G a i F SECTION 00300 DID FORM PAGE 12 BiDDER's Work hours and days of week wlq be: TEN WORK HOURS PER DAY SIX DAYS PER V'EEK (Attach additional Most It necessairr to kier" MDDER's Work schedule throughout Project Dumftn,) UNIT PRICES: The ODDER herawfth submits for adMkwwl unb of Work that may be Identified by the CITY OF DENTON during the course of the Contract, or wlthhr ekty (00) days following Final Completion, unk prices complete for removal and disposal of the following Item: Minimum trip charge: i 1.000, 00 (to be applied If Work force Is no longer at site) Sbalghl run pipe Insulation: 18.50 PW In R din Pepe and smaller) Plpe At@np Irsulation: i 28.00 oar tilling (0" & pll)e and smaller) i Dud rem,, * $ 12.50 per sq 1t i j Gross debris on floor. $ 1.25 Der sq ft The ODDER as part of the bid abaterlnsM propols of a urirrniNx ~~s shall subunit a fist of a rtriranrum of Ave (S) previous asbestos scope and size, suooesA* cw*.Ud by the SKIM along with the Owners name, address, and telephone number. It the pro)eds ware handled by i consulling Arm, the name, address, contact and telephone number of the Arm afW also be included. i I V { SECTION 00300 BID FORM PAGE 13 LIST FIVE PREVIOUS ASBESTOS ABATEMENT PROJECTS: SEE ATTACHMENT 1. OWNER: PHONE NO: CONTRACT SUM: COMPLETION DATE: consultant' Phone No- 2. OWNER: PHONE NO: CONTRACT SUM: COMPLETION DATE: ConWant Phone No: I 3. OWNER' PHONE NO: CONTRACT SLIM: COMPLETION DATE:. ConOu"M Phone No: j 4. OWNER:_ PHONE NO., I CONTRACT StIM: COMPLETION DATE: Con ull.nt: Phone No: I { OWNER: PHONE NO: CONTRACT SUM: COMPLETION DATE: ConsuNarrt Phone No: BID SECURITY: The undersigned, provided the bid N accepted, Ogren to anter Into a Contract In accordance WO the Contract Doaunrfe WNW ten (10) days after the Contract is awarded. in accordance 'I with #.a terms of the Imitation to Skldere, ancloaed Is bid security In Nra form of Cerdled Chsck, Cashiers Chock or Bid Bond for not leas than tan percent (10%) of the total maxi nun snwunt of d bid Items. The security wW be fetakwd by the CITY OF DENTON as Nquideted dempes In the wort the undersigned Is I awarded this Contract sW falis to execute It Bid Bond ] Cashiers Check Ced"Iml check "s ,t SECTION 00300 I BID FORM PAGE 14 CONTRACTOR QUALIFICATION: In addition to the subs, of AIA Document A305 with the submgtat i of the Bidder's proposal, bidders mind be able to substantiate the klowirg at the request of the CITY OF DENTON: 1) Contractor suooessfi* In business minlmom of throe (3) years. 2) Contractor has sucoee k* completed a**num of three (3) projects each equal M value to at bast WM of the v" of #6 Contrail. INSURANCE CERTIFICATES: As part of the contract nK*ementb a propwty oompbtad -C dgcds of Insurance" wIll need to be provided, CITATIONS: The undersipned c:aftimee anal he ( ) has r rw*dd any dh ttam Issued by Federal. State or Local regulatory agendas, stating to asbestos abatement adhrhles for tM Cordrading Company laud below and any and all Its afAAates, If any dtatlorm have been Issued ettedi a record of sold cbtform Inc4 dM pro~ecfa, dates and resokftw. LEGAL PROCEEDINGSICLAIMS: The undersigned c9Mfl" that he ( I has AQ ha never been involved In any wbestoe-related Iegai proceedngsldelms In which the BIDDER (or employees ` scheduled to PwWPMe In thb pr*0 have Participated or are currently MwoNed. It any bgrd f Procaeding cW m have been Issued s tech a word of Bald "I proceedWdainm Nwkdng descriptlorm { of rob, issue and resolution to data. TERMINATIONS: The undenripned certtlles that he I l has has never bean Involved In shuetiona in which an asbestos related Contrail has been terngurted, if any tertNnatlorm have Dean Issued attach a record of aakt tsm*mboss Inducing pro)ecYt, dates and reasons for torrininallons. }i Ilk J I SECTION 00300 BID FORM PAGE 15 CERTIFICATIONS: The uncimsigned certifies that he Is authodzsd to execute Contracts on behalf of the BIDDER as legally named, that this proposal is submitted in good frRh without fraud or coNuslon wph any other BIDDER, that the date Indicated below Is true and complete, and that the bW is made In good faith and In full accord with state Law. Notice or acceptance may be sent to the undersigned at the address sat forth below. Legal name of BIDDER' NATIONAL ABATEMENT SERVICES INC. Melling Address 6212 i. mmnn Avo, r1a778a TExae 752H F By fLennf Slrr,«iure) +ams Typed Fred LanEford Tme President Corporabont number (of appioabb): . i DATA ON BIDDER: r Abatement Contractor's State Ucense: 80-0I07 r I Submit copy of Ucense. Ucenes Number 'If a POrht SWID, bt partners and their addresses. if a corponoon, type in corporate number, if bid Is signed by ofher than the president or a vice-president, attach written authority to bind the corporation. If an Individual, then so state. Any modficatlen to a bid shad be over the Whis of the person signing the bid f or of an agent who supplied written autlwrtty with the modlfka&m, STATE OF: TEXAS COUNTY OF: DALLAS PAV~N TO AND SUBSCRIBED BEFORE ME, THIS 24th DAY OF June _ 19 93 JANE FARR Notary Pubib p of ~i Watnry PuW-• MY COMMISSION EXPIRES: 6 -v-97 SEAL.: 1 ; f h~.< y 1"r: 9x- r. ^ of Icrzs ;i,;' f4 cnmm~'.px Gpvs 6 17.91 END OF SECTION Rfi OOOOOU;o a L Uo T OOO 'Son O *004- 4e 00*00006 Q obi i r a i i I i i s IYrSLW ii i North Central Texas Council of 6ovemments P• 0. Drawer C03 Arlington, Texas 76006.5888 June 9, 1993 1 City of Denton h R 215 East McKinney Denton, Texas 76201 E i Dear Mr, Clark; Enclosed Is an executed copy of the Interagency Agreement between the North Council of Qovernments and the City of Den:~n, agreement, Under this Central Texas Denton for ovate associated with conucting traffic nts at the location sCTCOG w01 reimburse Pacified by NCTCOG. We appreciate your participation In this program and look forward to wo*ing whh Denton on this project, i a i Sincerely, M eel Morris Director of Transportation sh Enolosurs Center ~ ---------•---Y_~~_---------._. point Two 610 Six Flags Drivri Dapes;Po,t With Metro BfV640.3300 FAX 640.7806 t t: E INTERAGENCY AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THIS INTERAGENCY AGREEMENT Is entered Into by and between the North Central Taxes Council of Governments (NCTCOG) and the City of Denton (DENTON). WITNESSETH: I WHEREAS, NCTCOG has been designated the Metropolitan Planning Orpanizatlon for the North Central Texas Region by the Goverm of the State of Texas; and WHEREAS, Section 8 and Section 112 Planning Funds have been Issued to NCTCOG by the Federal Transit Administration and the Federal Highway Administration, and the 20 percent j match required for these funds has been contributed by the Texas Department of Transportation for development of projects in the current Unlfled Planning Work Program (UPAIP); and WHEREAS, the current UPWP Includes funding assistance to member governments to conduct traffic counts; and WHEREAS, by signing this agreement, DENTON has indicated that it will participate in this In this traffic count program; and WHEREAS, NCTCOG and DENTON desire to specify the terms and conditions under which the traffic counts will be conducted, NOW, THEREFORE, THE PARTIES AGREE AS IFOLLOWS: DENTON agrees to conduct traffic counts at the locations specified by NCTCOG In Attachment 1, NCTCOG agrees to -elmburse DENTON at the rate of $65,00 for each count locatlon requested by NCTCOG. A final invoice should be submitted when all the requested traffic counts have been conducted. NCTCOO will reimburse DENTON within 30 days after receipt of a i cerpfled Invoke. DENTON agrees to conduct the counts requested by NCTCOG according to the procedures outlined In Attachment 2. iI 1 This agreement will remain In effect until UPWP funds are no longer available to member II~ governments for assistance in conducting baffle counts. NCTCOG or DENTON may terminate f this agreement with a 30-day written notice to the other party. i NCTCOG will contact DENTON when additional traffic counts are required, At that time, specific count locations will be identified, NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Milt Eastland Date Executive Director CITY OF DENTON Y d V. H r City Manager' Date L~Gyy( M NCTCOG Metropolitan Planning Area VMT Traffic Count Locations Year 1993 A -i A n x m z 4YMMR`--ri ICITY OF DENTON pAT£ COUNT _ FROM TO _ 42021006 AVE C HICKORY ST~ - EAGLE 55880009 BLAGG ST MAYHILL +0 LAKEVIEW BL ST 02 CARROLL BLVD UNIVE!iSITY PEARL_ - 00 CARROLL BLVD HICKORY ST EAGLE E412905O3 03 BONNIE BRAE OAK ST _ HICKORY ~ COLORADO BLVO SAN JACINTH LOOP 289 01 DALLAS DR _ TEASLEY LN FRN IH35E 09 HICKORY ST LOCUST BELL 00 HOBSON LNCOUNTRYCLB TEASL EY 05 LAK VE EI BLVDU80 _ BLAGG ST 09 LOOP 288 O HRIDGE FM2181 503 MCKINNEYST US377 OCU BELL AVE 006 MING0 RQ _BELL AVEM_OCKINGBRO 70008 NOTTINGHAM WINDSOR ST ~US380 {27 i ` 49470008 ROBINSON FM2181 Y _STATESCHOO - 41080003 UNDERWOOD RD U2380 JM CHRISTL 41122403 US 377 LOCUST HICKORY ST~ EAGLE DR 55890006 VIEW DRIVE,' MAYHILL RLAKEVIEW BL t r; N CTCOG Metropolitan Planning Area Screeril"Ine Traffic Count Locations Year 1993 f 4 I N CITY OF DENTON _ FROM TO DATE COUNT 41094004 BONNIE BRAE FRS IH35E RO_SELAWN _ 40201501 CRAWFORD RU RPN IH35W US377 40442006 FRNIH35 US77 PAYNE DR 40432502 FRS IH35 FM1173 U8380 31013501 FRS IH35E LOOP 288 STATE SCHL 49841000 JIM CHRISTAL UNDERWOOD FRS IH35 41051004 MINGO RD MOCKINGSRD PROP 74080000 PENNSYLVANIA SL FRS IH35E FM 2181 t k f i l + II I ' i i p w I ATTACHMENT 2 i STANDARD PROCEDURES FOR TAKING TRAFFIC COUNTS I NCTCOQ has developed the following guidelines for collecting traffic count data, These guidelines were set to improve the Integrity and quality of counts taken within the region. If you have any questions regarding these procedures, please contact Mitzi Ward (817)840-3300 ext. 235. f 1. Traffic counters should be pretested and In good working condition to accurately record I! traffic counts. The accuracy of counters can be determined by manually listing them over a two-hour period. The validity of error, If any, should be less than five percent. 2. Traffic counters should be monitored for proper operation at the time of Installatlon and the time of retrieval. Any improper functioning should warrant replacement of counter. 3. Counters should be set up on days of fair weather or good weather. Mildly foul weather on the day of pickup may not be sufficient to vold the count. 4. Traffic counts can be taken throughout the year; however counts should preferably be { taken In the months of March through May and September through November, December, J January, and Feuruary are traditionally considered "bad" weather months, and June through August are affected by school not being In session and summer vacations, 5. Counts should be taken between Monday, 9,a.m., and Friday, 12 noon. In general, counts are dated on the day the counters are placed, i 8. Counts should not be taken when roads or ad;acent/parailel facilities are under constructions, except If the purpose is to study the effects of the construction, ff counts are taken for other purposes, this Information should be clearly stated In the transmittal to NCTC00 so the reader understands the context In which the data was collected. Special purpose information may not appear In the regional Information system. i 7. Counters should be placed at a reasonable distance from intersections to prevent double counting of vehicles, 8. Counters should not be placed on street segments where parking Is permitted. 9. Counts should ')e taken for all lanes, by direction of travel whenever possible. 10. Inaccurate or suspicious counts should be retaken for the full 24-hour period, 11. Eighteen-hour counts should not be factored to represent 24-hour counts. However, 48-hour counts may be factored, 12. Interval counts taken primarily In urban areas should have a data summarization period of 15 minutes. 13, Interval counts taken primarily In rural areas should have a data summarization period of one hour, 14. All counts should have a data summarization period of 24 hours, as well. 4~~Y44F&. R 15. Standard axle adjustment factors on freeways (and arterials where the percentage of trucks Is greater than 5 percent) may be used to adjust raw counts. 16, The validity of the count should be made with reference to historical traffic count data (K any) taken on the same roadway in previous years. NCTCOG and the TxDOT-RPO can assist local jurisdictions if needed. 17. Traffic count summaries should include street name with reference to nearest cross-streets (both ends). 18. Those cities or agencies which are providing ten or less traffic counts should enter this information on the attached form. For more than ten locations, the data should be formatted according to the attached form and transmitted by computer diskettes. Below are the required codes for entering the data. The source code Is In reference to who took the counts. The type code pertains to how the count was taken and whether or not the count was adjusted. CODE SOURCE CODE TYPE 1 TXDOT - APO 1 Actual (Machine) 2 TxDOT - D10 2 Actual (Manual) 3 City 3 Adjusted (Machine) 4 County 4 Adjusted (Manual) 5 NCTCOG 7 Permanent Counter Location 5 Other (Consultant) ' 19. All transmitted counts should be labeled appropriately to reflect unadjusted or adjusted I count values for axle factors. Our preference is that local agencies or municipalities do not i attempt to adjust the counts to effect Average Annual Daily Traffic (AADT) or Average j Annual Weekday Traffic (AAWT). NCTCOG has developed procedures to convert raw counts to AADT and AAWT based on when the count Is taken. The counts should be sent to Mitzi Ward, North Central Texas Council of Governments, P.O. Box 8888, Arlington, Texas 76005.5888, for inclusion In the Regional Traffic Count information System. r i tt 9 TRAFFIC COUNT FILE UPDATE DA LE Page of Initials INKMI DAY COUNT MEET WE MEH WE A STREET NNIE CITY 11 f 1 7 4! 1 t 1 f II II it S7 li ISM 11 11 1 Po li tt h N is Attila A M 11 u ,s) A h% 11 1411 N 11 U 11 44145 a 44441"154 )1 $Sl $L H f{ SI w K {I N 11 N {S fl N N I II 77 II II IS h N II ! N I i i r Y 1 t t I i I Wil f i { I ~I North Central Tom Council of Bovernments P O. Drawer COG Arlington, Texas 760055888 PAY Ov May 13, 1993 i Jerry Clark City Engineer City of Deng 218 East McKinney Denton, TX 76201 Dear Jerry: The Transportation Department of the North Central Texas Council of Governments f (NCTCOG) annually requests traffic counts from local Jurisdictions as part of an ongoing Regional Traffic Count Program. Your participation In the program provides the Transportation Department with up-to-date traffic Information used to support numerous j regional transportation projects such as the annual vehicle miles of travel estimates, validation of the reglonal travel forecasting model, implementation of Transportation Improvement Program (TIP) projects, and traffic count Information requested from private and public agencies. i As result of the Intermodai Surface Transportation Efficiency Act of 1991, NCTCOG he3 received additional federal and State planning funds. Hence, we are now able to provide funding to member governments to help offset the cost of conducting traffic counts. The enclosed Interagency Agreement provides for reimbursement by NCTCOG for the traffic counts we have selected in your jurisdiction at a rate of $65.00 per count. If It Is determined that turning movement counts will be required In order to Implement signal or Intersection projects Included in the TIP, funding to local governments for those counts will also be made available on a case-by-case basis. If you would like to participate In this program, please return the signed agreement prior to taking the counts. If you are unable to oblige, please return th+ unsigned agreement as soon as possible so we may Identify an alternative means of taking counts at these locations. The count locations we have selected for your jurisdiction are Included in Attachment 1. Attachment 2 describes the procedures to be used In taking the traffic counts. We would ask that these procedures be used in order to keep the data we receive as consistent as possible, Because traffic volumes are more representative of average dally levels during months when schools are in session, it Is our preference for traffic counts to be taken during that time, however we will accept counts taken during the summer months. RECEIVED MAY 2 6 1993 TRANSPORTATION Centerpolnt ltw 616 Six Flays Drive DaNae/Fat VYuth Metro 817/6403300 FAX 6407806 r .fr R `j I Jerry Clark Page Two May 13, 1953 The oormacts and the traffic counts should be submitted to Mitzi Ward, Transportation Analyst II, NCTCOG, P. 0, Box 5888, Arlington, TX 78006-5888, We would like to receive all 1553 trafho counts by November 19, 1593, Please fee) free to call Mitzi H you have any questions or require additional Information. Your partidpation in this ongoing program Is greatly appreciated, Sincerely, i M el Molls Director of Transportation Endoaures r f OOOOC~~ 0 F Q QD QQQOO°0 OOQ ~ i T O O~ n~ S a a D R ro O 000N ON, ao °°000 l f i i. INDEPENDENT CONTRACTOR'S AQREEMAi11T THE STATE OF TEXAD S COUNTY OF DENTON S RNON ALL MEN BY THESE PRESENTSI The City of Denton, Texas, a Home Rule Municipality situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and RANDY NUSBAUM, hereinafter called "Contractor", hereby mutually agree as follower 1. SERVICES TO BE PERFORXEDt City hereby Y y retains Con« tractor to perform the hereinafter designated services and contractor agrees to perform the following services: A. Instruct Defensive Driving Classes as assigned. 2. COXPENSATION TO BE PAID CONTRACTORi City agrees to pay Contractor for the services performed hereunder at a rate of One hundred and thirty five and 00/100 ( dollars ($1.35.00) per six (6) hour class. I i 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. NO SUPERVISION AND CONTROL BY CITYi It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for 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. 5. QUALIFICATIONS: Contractor must be licensed in accordance with Tex. Rev. Civ. Strt. Ann. Art. 4413 (29c), "The Commercial Driving School Act," as amended. t 6. SERVICES AND SUPPLIES TO DE FURNISHED BY CITYi 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. avv %Y fi K r INDEPENDENT CONTRACT'OR'S AGREEMENT - Nusbaum October 1, 1993 through September 30, 1994 Page 2 of 2 7. INBVRANCEt Contractor shall provide, at his or her own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. S. CANCBLLATIOHs City and Contractor reserve 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. TERK OF C0N21RACTt Tt'i Agreement shall commence on the let day of October, 1993 and end on the 30th day of September, 1994. LXECUTa THIS day of -A,--- 19 ~ . CITY OF DL N, TL S By j L Y V. HARALLL 7ITY MANAGER s ATTESTt 1 M I) IIFLR ALTERS, CITY SECRETARY 41 APPROVED AS TO LEGAL FORMS DEBRA A...DRAYOVr7CH, CITY ATTORNEY Byj - CONTRACTORt BYt AFF00696 1 sl 000 aQp CQOOpp~~o 000 ~ ti ~ °O~~ a o "DO~h e+~dO ~~~~~DDDD6Q0~16000 i t CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 5 day of OC:POWM A.D., 19 93 , by and between 188 CITY OF DWINM of the County of DMFMN and State of Texas, acting through Lwn V. NARREU thereunto duly authorized so to do, hereinafter termed "OWNER," and 09CAR WIRA cowr iACTING INC., M7 BRUsoN I.N. %OAN0103 T$ 76262 t of the city of ROANOKE County of DENMN and State of mo+raa , hereinafter termed "CONTRACTOR." I WITNESSETH: That for and in consideration of the agreements hereinafter mentioned, to be made and 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 0 1542 - UNIVERSITY DRIVB SANITARY SEVER in the amount of $577,145.00 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 'j l all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING AND TRANSPORTAM& DEPARTmm 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 benafit. 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 j 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 LayL 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. i ,CA - 2 IY44,u> IN WITNESS WHEREOF, the parties Of these presents have executed this agreement in the year and day first above written. ATTEST: Gr Q~M 7- _CITY OF DEWPH OWNER ~L By 1 { (SEAL) ATTEST: 1 osr w" INC. d?.y~ iC. 2• y~q TM3 co By Title I~ O J'g e PO / At (SEAL) { APPROVF,D_Ag IY`O JFORM3, CJ its ~tE6rney t 1 i AAA0184D CA - 3 k Bond #13-09-25 PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That a4CAR RENDA CONTRACTING IN of the City of RoANOxE County of DENTON r , and State of TEW as PRINCIPAL, and as SURETY, authorized under the laws of t the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DMTON j as OWNER, in the penal sum of give Ran Rn tRVRNPrr gEVEN THMISANQ j Oft HDNRED FORTY FM and no/too- _ Dollars 577 taS nn ) 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: r WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 5 day of oCTOHSR , 19_23, for the construction of HID * 1542 - tMTyzR.-Z= nRfvx ' SAKI TARI ~`ttrn La the awount of 5577 145 nn which contract is hereby referred to and made a part hereof as i l 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 end 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 72nd Legislature, Regular Session, 1991, 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. V I PB - 1 I ,.c PROVIDED FURTHER, that if any legal action be filled upon t>>is 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 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of October 1993 F? INSURANCE casTANY OF Prin p al urety BY Z~K X• ell,. s ig Titled Title Atto F et Addrese:'7~)!~-p~~L-~ Address: 1999 Bryan St., Ste. 1700 Dallas, Texas 75201 r (SEAL) (SEAL) ' I ' The name and address of the Resident Agent of Surety is: _LVIon d oz $2 3 _~~a In< ~z$ 7 Gk- 1C _ NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 l` 4 C Ii J PONT'IR OF ATR)RNFV The IIISElranar Comlrult of the Stale of I'enn.~~r.ia Plknripnl I -111d!1I'IIc,:: .p I'un. Nlt„1 A'I it 11111,. A l I177d I e U1-P.-102 35'.- 041)\ KNOW ALL MIEN fiY THI'SE, PRL'SII;Ilt 'Illal711, Ilw1ilannu Coill,any ill 1111Flbl: d 'r 1.n<Iiv,Imd..I I'nnuyi+.111111 r,.IpIu,ni In.'I'l, i,rl'I vnl'q•+111,1 IllmrsI Albnefu Oil 1`; 111;1,. Iow, . its 1,ue ..Ind I,Iwlu1 ,1111,111,){s) III I ICL P it It lull Illl 114.1111 14, 1 t IIII .m 11; I ,1).611 b.IIIIIr•. it lIt IcII IIII II-IL11!11 ,111 Inld It I Ia I r1.1uL I l p ~.II Ind,, l n II%an(1 vrilIII Its )t l II to It Ory ill t1[ odlgon t IIIto ll. 11, 11. II Iq [l" L ,I•c I.I I, ❑lrf 111n:~h Jlld III II•I.1 IhI InNt,nll.i IIs;b, IN 4VI'I'NE•;.SS "'HE'REOF It-, Lr,nI,llln < It 111. ,P1(, II1 (it IPI.1 I,. I ) 'nt1,I ill. lacrLilt .d Ih,x Iq"artl. 1. IIII\ `11 ll.Il' 111 `I_, tAI.1. I I- k11i1it. X111. Juut A Is r. F rc,ucnl _SI'Al if of: NlCII' 1'I11➢K ()n 1IlI IIr.,1_... •)1,11 Illy (i r.i.t A.. ,~r L. 110,rc Ill unto llhI I•I, udnlul ql ,rl II IIt l1. I n,- r. ynp:III I❑ 'Slrtc t 1 nl ,i•.111ICI, I I lilt l r III, rI VAIJICIfE f Ir'IIUA,615 D1nill IY Pub II , LIMO o' III, Yo IIt 6'. the in Intl rat ,and II r 11 nl t t b •rc 1.l n I ,rl,n. 1q„t NO, 31 49/2546 16,11 he rnIPILd the lulu„ lui IIIAI null ,'I'd II _II ill I I I Quahlioef in Now York County l Said COli'lltil Rln tilclunl It', -P11.. n.l} Ill, ",~1l,i Corhli~elo r"Vil in lllm York Cmmly Cvmnisr ion Expires O;lobor 1, 1', Li? It'I'I PI ('ATE liilccryls of l2u.u6r G,1. IJrJt cJ 111 111r 11uJ RI 1.1 I)L- I'n a. nl nc" 6r.I,L.I, f I,oyI,q ll id Il;r Sutr III I'enn.q'. cll•ua 1.n Aias I,4. 17'r(I. 'RUSOIA'I'.I), 11181 1114 t 110MI) II nI the llnald. ill ItI. Ill Ill. it dill OL µJ I'll -Ill I I, Ill 1µl 0 M,l r-. truth ali.41 Il Illlunnl AIIIq t1~,1M1-in r ici In rCIRe5el11,ltd htt PLO r ,ufal v1) 1) 1! lal/ u( 1',. !'11111 IL illV h, V k I IId 14,11,,, wldi rLrSln r •I l; n+.I~L U. .InJ nthrl .~nfI 1% I,t In16. ,nn IS :[I,J ,ll ltlnl(s idllll!ufilly in 111c II'nInItO tllcl'i ntlil 10 utllllnh Ihl'tr.'tr) lilt- l'11 110Inll' cce11II Ills ( ulnl• 11)) 11 L111 Illul.no- hnla..1 11, gII.'I•, Ilnonl "k1-S( LVIA), (Intl III, tipl'ill"I Ca :VIII 111 p'til 11111 Id lpI1, IIIIIINI, ,VIII IVs, 1, III 1 l III,' 11 I" II it I hU d it Ii yL:1 1IU„CI III ;11 111 11rI, 1.I I I I ally 1'CrIIIIc tIC rcl'almi,, 16cR•tO i,y Ili ,1i1111I0. alld :III) AIlill PI'-,Lk r I,t Ali, uill l Iq cc,Idlldl, Ili Ill 111i' ruin 11, 41)IIIL Ill IILIi( .,I IJUInI 1..' l1.lI I i Itt vi llld IIIIII I I I I 1 ini II[Ill In [hn Ullmpnn;rmhari')alllwdOLIII1 nI I Ili 1m1' 111 111111InJI I I IIII, ~nL ,111""I:1 }91LI'IIof LL~In,IlliI ,Inlilt' lhi lIL I,A It I Ill IIIIILilo IIPICI,II 'Itit"OULb'E Ii. Ilnll dll) Sti l - IIIUn[c ill INI tl,. It, e .I 1... 1.11 ~n rule I,I III IILrI 11, L'n. 1' I,,! I,'rn1UU. ~lll 1,t- 111 1111','1 Ipdt in"Cll 111 sLlfh crl'lllildthlll 1111 dBIH 111UI lIl !IdlJ dale Jill', 11111 lat,:l I,IIII Ill, J.IIr Id IJvh,~ 1, 11' II h... '.II.h \ Dy, 1 IIM1I'GI I, F /rtlIl'th .XI. I tI(I, lenlrI,IIy III 111 Illsul.I[IL I IIIIIIndpl III 11._ `It.ll, Id 1111 %I Ina II.I Ac ndn oI1111 lit I IhI Illlcpl.l nq! clnn ph 1.l Itoeoluh, In odupl,d by the 13,,aid DI Dim 4m, Ld lilt%illl'IIIIIIIIII11, IlIll Ili, It nee ,II 111G 111, P"hll IIII I•. u, nlr 14CICLIr JIC IAt" ""I I-IgII CI, llnd th 11 111.11 tIll It. Y,IIIIIPn dlld tha "I),l OI Allolllcy arc in Iult I,IrCI lulu I: 11, 1 IN WITNESS WHEIth:OE I I, 111' , I I ix111140l, IitL I2tIt dnllii Oct )ber 93 x., I lii hi ill NI, IUA,,Sl:c'1id lrY 1 i Bond #1.'-09-25 PAYMENT BOND STATE OF TEXAS S COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That nc AR RRNnA CONTRACTING INC. of the City of ROANOKE County of DZKMN, and the State of J-TEXAR, as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto M CITY OF DENTOB , OWNER., in the penal sum of MM FIVE AND no/100-- FIVE HUNDRED SEVENTY _ Dollars 577.145,00-) 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 5 day of , OCTOBER 19 93 . BID # 1542 - UNIVERSITY DRIVE SANITARY SftvBA in hn ~nunt of $57 _llr,.0(L to which contract is hereby referred to and made a part hereof as !1 fully and to the same extent as i.f copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS STJCH, 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 72nd Legislature, Regular Session, 1991, 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. f PB - 3 J vA z+A•~ Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the 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 12th day of October 19 93 THE INSURANCE CU4PANY OF THE SPATE OF PESNISYLVAN7A rinci 1 urety A By /JL C~ ~C~9jl s C.Albright/ Title J,`°7-3 Title Attoeney-ln-Fact Address: Address: 1999 Bryan St., Ste. 1700 q TCc Dallas, Texas 75201 i (SEAT,) (SEAL) The name and address of the Resident Agent of Surety is: • c l AAA0184D PB - 4 O IORNIk,Y The IllSul':IflCt ('oulpuu~' (q tile 5i:uc of Pcnns}'Dania E'NTI OiAI'I . I'lincip;ll D1,nd 1)Ilrrr,: -ill l'in1: tily ul, 1~:. l In6 \`N Li,0'11 I)') f-- 11)2-35-6498 KNOlVALL RI EN Bl''I'HI';tiE' PRRSE?;NTS: - - 711d( Iha 111AkrdIli GIIit I I I)'lIIt II, ,til'a Ir nl Penn+t It 1111 1.1. 14 nItI,III :ut I, III lc ll-11nrIs I)I rcb} nplllnnl --,LI ru's C'. rllhnchl: (il I);dlu,, 'I scut. Itp' IrIIC Blld l1)wfal Alll ll lib)(,)-III I111C t. 0.1111 VIII WH1iRlh it LN 41t II L!. 1o-. 1n,1ll Rends, 1111J2111~I 1141„ Il'fI lkIn2a IIL .IlIk lnhl'I I I I I I 11i1PIN 101 111IICrlIo Iy 8x11 WfIIIrip oil 11 lOl`j iq the ItaI UIL 1It W'IF ll, Ikl''I in 1 1 C 11101,'. al II. 111' IF tiF, 1)111) hI1111 Ills I'It 11) 1 rd 11) tilt 11, - IN WITNESS WHEREOF Ill" 111IIII,rIr" r Inl,Lln) III III' sljr, Ili 111m11,1 -II...... h,1, 1111, 1111~I) uhc,, I„e,enl, f.l, 20 t IN II 11111 11)93 ~,\I.IiI, E_ Nra~rln ti';uil \'icr l'rLtiulrnl .ti 1'r17~I'.()1 N I.\l'1'17Rh f CC IUNTS (111 \I`11 ) f IRR , lilt till. nL d11 Ill IYI IV 11P; 1, Jcflite 4111 c rrr• Illy du. n;uncJ 1... er I I III Ia.I 11. ( (impall)' Ill IhL Rlnrc It 1 u1n,1,t'nn r1, t1 Iul p III llnlt 11. 111 n• PAUi fTTE K- WILLIAMS ~ bu tllu indlvldull uuJ nlfl r II:9i nhul herdic a 11 .u F~1rv 1 dppJ 1^Inlaly public, Sixlo of Nevi York No. 3I-497I6B6 fiat he ekkelulled Ihu lu1 : in,lrlencnl and Iltlcrd lilt ~r d Ill Qualified In New 'fork County I will corPori; iun Ihewln by illlowp 'It In.Ollie, Cerldi<a1e I in New Yurlt County / I 1 Commission Expire; 0dober 1, Isk I'scc lpl+r,f Resnh141m ddupll:J L) the IMnlnl ul 01"'11116 II IhI' 11.nr, W.,. I ~II111,.nv Cl it" '11.1rr.d P, IlnMlool, .lu Aluq 121, 1911, "Rr;SOLVEA), Ihnl iIle lainudr. It lilt Iin.I,J, III,. 'IClldl'I I, I .II1) V'r. t Iv.ullnl 111-111A Ill 11,11) 1: ,IUth110"ll III nl'pnltl! 411unlepo-nl~I'~k'I In repicsrnl and qC1 foir rind Iln h0h.41' ill 11he (ompd11) II1 m,wi ull, hoil i,, nndl'rlld Ikp I , gplu 1e J1111111 I I)ur 1x1111 .1CI, .a 111111 rIt 1111y ;u Hl Icnli 1(t nhj EldlI)I) Ill 1Ilk ' II:Ifn I'C tin [b'U f, nBd to atildt thcleto the rI J( I,; I Ldc `.,.•1)l Ill 1Itc I'mnhl Ink In 1111 111111,11 In 111 11 .11II IN 110toe V•,; Fl I "RPS01 NIH I- hul the NIhIIl1101[A,Ittd 1111 .IUIIILA 11 ,xl1) 1 IhIt,:41 II1,1 [III '...II III Ilk. I x111 -mil, m-l1 hq df ldCJ In , ,111y enlT I Ivr1 It Alhlnu'y Ilr lu Lilly rC 1110 ('lllP ttldti lk IIILret" by farXiNliIC IInd auy Vul h "IV II n rlllnl nr) 411 Il'rII11, It I',Lenny M,1 1 IdI,IIt.01 11 Il 11Ll r ' I4nfl1C A.'II .111)111111 NdIF d i11111 binding it Ill) n the Company When SII,Ilf d It Lilt le?peti In Ill 'S L4 r1 Ill I Il11'. not nn: 1114 1 1 1 1 1111 1 111111 1 r 11 u.I 1~1114 111I ul' II r1lIIrC I 'I, lp, Ill~11 I I I III: n1)IIUC I h I I I I I I I "ft r'.SO .V}-EI, i lal a0N SIq'h AI I nl cc y~lll -I:III III' 1111 r 111); i S. 1,111,11 I1. 1 1 1 h21IL P 11d1 tit: I I I 112 lI'tI I LI II II ..1ill IIi II UICII III I1I' 1'1 a.rt II yuch o lilI(alion the ILI Iliel[411,,IIid JLLIC Ill he I'll IIII I Ulan'i1L ddII II1 Lit lr.rll IOIL II I 'I Ir, Ill 11 It IIIy114 $ 11 Ilit l I ElhzabeIh 1b1, Yuck, .SCCIt11'dl)'u: IIt, 10.,111lilt k 111111tl1k, Ih 111.'. i+Iblt .I Pk 0) 1 N I N lll✓l If., Ik:ILION' %:1111) Ihul Illy IIIIo}Fwig :N,l,'1p1, 111 I(c,olktlnnlldurlled hythe 11.1nrd of DIIItlre. Mf Irli Inpt,a n,III ind f!x 11uICr "I "U, I'll, ' I.:w: 1 fill I.u.1411 Inctr(11 1)1[ IIVC 1)nli u'.nveI ;11IJ Iha( It 'ill (hC 121~whrliltn :nxi 'hr. Power of I Auorn.:y nru in hill I'Inre ,Ind eiiee. I IN WI'INF;ISS WHEREOF I IIIIT hI tI..111I .I-I Ill. 1Jn1, I:0 1111V,I 1Ib I'," ilL III III Ill, I.„h.11d1i1,n un,12th ,i,),II October 1')93. EII/Ala'r11 IN.'fIlk k.SL CI clury IIVV(( E 1tBond No. #13-09-25 MAINTENANCE BOND THE STATF. O" TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That OSCAR IMMA CONTRACTING INC_ _ as Principal, and 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 FIFTY SEVEN THOUSAND SEVEN IKMRED FOORTM AND 50/100_ Dollars 57,714.50 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 OSCAR RIMA CONTR !NG INC. ` has this day entered into a written contract with the said c:icy of Denton to build and construct BID i 1542 - UNIVERSITY DRIVE i 'i ClNTT1ttY SKifr{A i 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 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 the-sof and do all necessary backfilling that may become necessary in uonneetion therewith and do all necessary work toward the repaiz 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 excavatiua 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 - I w r li l { 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 damages in said contract for each days 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 s-.11 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 frog any cause during said time. IN WITNESS WHEREOF, the said Oscar Renda Contracting, Inc. as Contractor and Principal, has caused these presents to be executed by ~>C~ t?-' ,tea and the said The insurance Canpany of the State of Pennsylvania as surety, has caused these presents to be executed by its Attorney-in-Fact James C. Albright and the said Attorney-in-Fact has hereunto set his hand this 12th ' day of October , 19 93 ` j SURETY: PRINCIPAL: THE INSURANCE OWANY OF THE STATE Oy' PENNSYLVANIA BY: James Albright i Attorney-in-Fact AAA0184D MB -2 I POWER OF A` TORN V 1he1Insurance (`o lslllul 11 the S\u It 1h 1 1 1f l'cnnsYlYilnlll r6. n ♦ IIV C 11,'-1, 0495_.-._. 1' jim KNOW ALL MEN BY THL'SE' PHESLNTS; {71111 ~r~he Irl$lIIJ1111• l~o 111 (1-"111 ~of Illy 511de If °pN14l'1'. ;IIIm1. I Pt'llllsl vJgld rn1h:1 Jlii ul, d1A'? hc11161 11111, 1101 _J unc C, /Uhln,hl Ill IAIILP., I,mv, its Iruz oltd 111µf111 1111111 nU1/])-it,J it I, rvrth lull aoiliclgp r11 UN(V It'. I'll ill 11, 11.111 i111111a, 0110011uhl n, • II r',tIlIV,110, nod olhl;l Lollit 1, 14 of Indcmnlly ;Ind W101 -As oh lk!t01y Ill tht nulWC the R; 111. 1,1-111l'1i Ill Ille 1'umKl" nl ill lill"ll"11 . •Ind III Find Cllr 10111[ all) dlelcill IN WITNESS V4HF.HEO12. r1„~ 11,I I Il.,n;.I (,1it 11,,, I~I Ih~ ~LIt,- rtIII IV lI A ni,, h,,S I„r(InI d,hl' 1), C,l Ill' _...i 9!),}. hl,lr4 1. Iildpl.ln,Suli1 A1Vc Yliaiifenl start nl n~lr~ tl,ti>; I E cilul~ l'v Ill; NII:w YORK),, - i,, 1 1 f 1 ~r 1 "-_iJf ,•(!i i III before me tame 1h11 Ihu14 n d.ll Al 1Y '1 1h tit (I lhiai a Ih, l .vlalln, Comp" y of Ih S!;m X11 I' 11 A-all 1 lilt 1C~p1 n Ill, 1n.n.ll [,I PAI)WTE K. VIR[Ill > I Noll il 1 l of New York be the inJi~'idu wd of+'ur he rihed h in, •)nd "Jo IrJgul No, 31-4972606 ' that hl: cwcwcd the toraglang 1nSlranl. n! L1141 .1111041 111. aal 111 Qualified 111 New Yod County lele l in New Ymf County f, said a>ri,oratiun IllsrU111 by Ilwhnrllr 111 lu. 111iv` Ce Cummiseion LI Ibex Udo6or 1, IS / l F Will 11,11 I'xeCIPis of 14aolutliIll ddullloll Ill IIle IinoIII I11 114en1n. -d I hr In..111"Ill I1 1011,10S 'It Ill' 6:111, "I Ill 11'I'll'•"I'll I 1IU A1111 IN, 1'171°. `RI'•SLIi.Vftl>, thin the C'P:nnl"In ul Ih4. 1311:114, the I n,nlCn1. 1 II Vrn !'1 , h 111 hl:. a) 1101 h. Id hl 1111 .d II q'I~rlnl .411 rtncys and ttt iu Iepre.c.nl and a[. / I u I I 1n , I rIII 1) i0 h. h1l url; the rr 0f, 4nd I, 1141. nr ldvn)wIq m I 1 n1 1! I 1 .,IhIT l u n 11 u (or end on hchuf ill the (.'o1u 1;1n1' h1':n u 'ulc IIJIIJ, u11dr11e4u)~ I 1 111 fl n J to Winch lhelelu ill I: lrpow!, `.C 111 "1111' fro Ill 11uly pl f11 )1 tllV'a T'1 TVs( }rvlrU. Illill IIIC,<i~IlutUle, lulu 1111C,1ah~10, r~l slllli irlhler. .1,10 th"_ ,cdl,il 111i 111n111ln11 u'lUl hI it11r14! 111 ,I11~ push Ilul.el It r11111nN') Ill Ill an) ter11fliale n: 1111101] 1ht•t'1.1o try f Ic I I1111I1, ,1111 :II, nll(il I'u„C( 11 (not VI , 1II II , C I(iIIIIlp' ll I I .llnl e `.III I1or4A X11 elolnlrIk neul iAh11I hl' V IGd 111d l,rnding u[Son the f ollIpllly 11't1CrlSo❑lllo;d..1'1111 hl.. 14'1 IIll I II,I' i11 IV I! 11111tl 11, It. III', I. q, Ill 11111 11111k, 1111111/ 11 1 1 1'It :11Ill I111x'I'IVi,nhI111J11111111 I hf 1111111, I lll' 1 x111, 'R .,S0I VIM. Ih.II A11l U(11 !AI(111 iI e1 1l f' 1,'t'LI 14'11.., u(111,I 1-11.lnlu 111:!'1 11 u Ihp 1 v1I•', 110111111'• •.1.1:1r 111 INIII Il'''l P11t11 1II 0 Ll1111 i'. llilielllion he d'die lit"col, ,,IT II111( (ahf 11111 Illtv'r till') 11111JIC 1i IIII-11 hh 111" hl b!h rA11 HIM' 111-I I, E', l7ebe lb 1N Tudk, Sunvlaly ul 1 he Imura 11rt ( 1m11 1:1111 4h lh1 11111 1l Penn+l h,llua, J11 he rchy- ,.InlI' IIla1 Iln 1 1PJ!I I i Iii: LVevpl4IT ffCFOl In d'1, udOplod by the 13o11d of 111le(lolK of 011, c"111111'aolID. VIM 1111 1111111 Ill 1110.111 l 1„utd 11011 Ill ]lit .0il_ 111 lrul' 111111 II11°lti. x1141 lhJl InIlb 1111 RL'WI1111011 illllf IPC PoAck 11f Al irc in full fllydc Ind ell {rll IN WITNESS WHERF'O1/. h'.'Y[ 1k gPl1ln •.1 i`1'• 11'11111 1m1 11111rd 11.x: p11h11114 pp.I X11 he N~11L ~ldl11111 Ihi. 12th d.n' III October 1+193 i _ ~ ~ I?IIi11,1~th \I,'llnrk, tiurrcl;lry i r~ fi 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 falls 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 minimum insurance coverage as indicated hereinafter. I As soon as practicable after notification of bid award, Contractor shall file with the s 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 moc,fied or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall ,r 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 satisfactlon of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duratlon of the Contract, or longer, if so noted; 0 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 • 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 APMBA REVISED 05102193 3 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following; a• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available-to the adoitional 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 shalf not operate to Increase the insurer's limit of liability, e All policies shall be endorsed to provide thirty(30) days prior written i notice of cancellation, non-renewal or reduction in coverage. e 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 j 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, • 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, i 0 Should any required insurance lapse during the contract term, requests for paym9nts 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, APF0064A REVISED 00102/93 + ,f E II insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE 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: bd A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ soo•ooo 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., • Coverage A shall Include premises, operations, products, and completed operations, Independent contractors, contractual liability i covering this contract and broad form property damage coverages. j • Coverage B shall include personal Injury. i i • 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: • 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. • Broad form contractual liability (preferfbly by endorsement) covering this contract, personal injury liability and broad form property damage liability. APP)166A RBVlVig06I01/97 ' E ;y + i i Insurance Requirements Page 4 4 61 Automobile Liability Insurance: i Contractor shall provide Commercial Automobile L!abili?y insurance with Combined Single Limits (CSL) of not less than i.ooo.ooo eiiher in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used In conjunction with this contract, Satisfaction of the above requirement shall be In the form of a policy endorsement for: ! • any auto, or • all owned, hired and non-uvvned autos. i fs] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, In addition to meeting the minimum statutory requirements for issuance of suet, 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, l 1 Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at ail 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 !iabllity insurance, Policy limits will be at !east combined bodily injury and property damage per occurrence with a aggregate, A"DMRA REVISAL 09102M ~j Insurance Requirements Page 5 [ 1 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, ( I 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. Builders' 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. [ ] Additional Insurance Other insurance may be required on an Individual basis for extra haz 3rdous j 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. i i i AFMBA RP.Vt9EU OMM ~i SENT BY:MDndlcs/Orsenllew Ins, ;10-14-93 ; 3:55PM 2149871955-4 1 817 382 4FS2;0 2 F782345rm CKIIT!!'IC " MI IN= M A MAT= Or W001MAT10M ONLY AND QCWMS NO PAM 14" 7NM DougiasnYSauna. snai3A roupROPANHB AOR uDif40 COVERA A `s Tx 70295 COM If (714) 739-4404 ,..A..,,.,9=0 Inauranoa CMV&ny u B Anonaut Insurance Ccupany . , Cs+oar Rsnda Contracting, Isla. C 17 Smson Awns . Umm 7toaaokr, Taucae 7626 .,E......... PA W LEM III y!N! 0 TO Cs11Tfi'M THAT THE POLION Or Mr LMAN09 LMIIED BELOW HAVE M UM TO THE INIURW NAMED AIOVI FM TMe M" P MW i MIOICATM HOTM'I .ANWA ANY M1WNSAINT, 7EIM OR o"MM OF tW CONTRACT OR OTHER 000UMRR WMTH REi W TO W *W TMM II` CLTInFlOATE MAY as mm an w AM4 THE raORANCf AWOMW KAaY M US HUM 13 eU61E0T TC W. 7Me ~ 7lIMt m OF sow= Of . ,.,,1 Y M MAY FIAV9 1404 WXXW r S1 MID f...... . . N ~nMl 011 PAU W"" OWA*/M 1"'x'' adwwRak IaavL Wwm^"' I at1LF►ltnl 03 O 1 9 3 1 03/01/9 .j 6'. - J Q , O1. ~ooNnatnfon,i~ 1#0 u"".,..,, 1_11,000100 00 ' , *a. e....,.,.., . 1. te 00 i om iriwiMa whin . A Y AIM mm i`''.,,..,,...,..,,.., .....................1,000,.00„ u F11MtT N~owaoNrsol '03/01/93 , 03/01/94`;mypuw WWV4 i...,..,. I mm m AJ0 Ir« . 11" m,,,,,,, r www= o«.wtl I' f ~+w aru+ribe 12 0 0 d Ts : Ai {irIaSAF10'1r~1." NAiJCTOM/a ?0,3/01/93 03/01/94 1rC6Aao orom YV1YA, oTar „ . 1 . iTATY " IlYf1 1101P1'1 NINIMTRN 'AOOe~R I taQ a~ w / / / / MAN I LW ! L., MKWA •°uui i oYS I. y; C C 0 E 0 0 ,%Ivo=pxxuT F=T €E ?A 617M "01/93 03/01/94,Caav"rants 2,500,00 wiirioiiorliii ...._L_..... a. eribla. ........................1.. tract UnirbrSil Drive fianita Owe car isaiaflabatltdy all au~toalobils liibislity a"ow'`d1y" h r.eMp~alrr to ' IHOUW INY Op rA Am DE emm row= be MNOGm ROME TA C wArp0N ame THERIOr, THE Ww" =#ANY WI: V#MvOR TO MAIL DAYI W1M IN NO'IOE TO THE OWnWT1 MOLDER NAMED TO THE City 09 Denton LW IUT FAILURE To "L NOMI (HALL ILree! 40 0a14A110N OR ttal Daniels WWYY OF ANY ►AM4, oa M!►nWTATNEL pusW al,ing Dspartmsnt Denton, To= OCT 14 '93 1605 2149871955 PAGE.002 WORK DAYS _ 100 di0Aa-]rsity Drive Sanita Rt.war BID NO. 547 PO NO, BID TABULATION SHEET ITfN DfLtCAIPTIDM QUANTITY UNIT UNIT PRICB TOM, 2.12-A 21" Sanitary Sewer $ / $ 0'-6' Dee _ p 470 LF $ [~8 i, ~aZ (C7 61-8' Deep 340 LF $ /LF $ /6,3aa 8'-10' Deep 99 LF $ 7 g /LF $ a E 7 ic° f i 2.12-B 15" Sanitary Sewer S / 9 r 00-6' Deep 0 LF $ /L! $ 61-8' Deep 1,100 L! $ /LP $ 00 B'-10' Deep 3,349 L! $ /LIP $ i 101-12' Deep 1,411 LP 1 $ /Lr s~ bgLf 12'-14' Deep 1,160 LF $ l ~L /LF W-16, Deep 380 LF /L! I ? _l 16'-18' Deep 380 L! $ I 18'-20' Deep 230 L! I $ /L! $ ~J 160 2.12-C 8" Sanitary Bever 78 LF $ C~6 /LF $ IS-R$ 2.12-D 24" Casing (Ductile Iron) 18 L! $ /L! $ 6.4-A 27" Bore and Casing 100 LF $ ~Qt1 /LF $ Ong 6.4-8 18" Bore i Pressure Orout 95 LF $ DC7 /L! fQ~ $ I SP-42 Remove Sanitary Sewer 14 LF WS-11 Sewer Service 1 EA $ ) /RA $ ~ Q© _L 0 7.6.A-1 5' Manhole 23 SA $ , f90/EA 7.6.A-2 5' Drop Manhole 8 RA $ / © /BA f) ~D Break Into Existing P - 3 I WORK DAYS _ 100 _ 1542 BID No. Uii}vereity Drive Sanitary Sewer PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL WS-16 Abandon Manhole F48 EA $ ~d /EA $ 3.S Remove Curb & Gutter LF /LF $ 3.A Remove Concrete Paving SY $ /SY $ 9 /7g Remove Concrete Walks and Sy $ oW C 3.C Drives 18 Sy 5 y 8.2-A Concrete Curb & Gutter 48 LF S tD /LF S C~ gp 5.8 6" Concrete Paving 670 SY $ !3 b /SY $ r S.3-A Concrete sidewalk 18 SY $ /SY $ ff S1-2 Concrete Saw Cut 2,013 LF $ * /LF $ /L(jaf~ SP-41 Asphalt Saw Cut 8,532 LF $ /LF $ SP-4 Lower Waterlines 1 EA $ ' /EA $ D~ 7.6.A-3 10' x 4' Junction Box I EA $ ~POO /VA $ [f. app SP-37 Excavation Proteotion 8,236 LF $ /LF $ g, 3.1 RLght-of-Way Preparation Ls $ g D~/I,s Q0 0 3.12 Temporary Erosion Control LS $ 3 8~0 /LS $ 3 O~ O SP-39 Project Signs 2 EA $ /EA $ f 9 alo SP-10 Rock Excavation 9,625 CY 5 J z /CY $ Contractors WarranLies LS $ /L8 $ /OOP 1.21 and Understandings Barricades, Warnings LS 5 ` yOO /LS $ ~O 8.1 Signs and Detours V Materials Incorporated $ 51771 f ~5- $577 Into Pro ect Plus Labor Other $ / S 'total S / $577 f L P - 4 i I BID SUMMARY TOTAL BID PRICE IN WORDS_F v£ k un1JJ`e <0,14L64 S Uf,P n 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-sus prices as shown for each item listed in this proposal, shall control over extensions. 4~ (L Co By Cc_ Street Address City and State Seal i Authoris.tion/.~J r'L Q (If a Corporation) elepho • B - 1 is Atli Insurance Company it } Walaaiit American Home Assurance Company 904641 Oranrte state Insurance Company The InsursncsCompany of the State of Penneovenla American International Companies National Untan Fire Insurawe Compsnv of Pittsburgh, Pa. PNnofpet 0ond Office New Hampshire Ynwnnee Company 70 Pine Street, New York, N,Y. 10270 BID BOND (AIA 3101 I KNOW All MEN BY THESE PRESENTS: I Thet OSCAR RENDA CONTRACTING, INC, as Principal, avd THE INSURANCE COMPANY OF THE STATR OF PENNSYLVANIA - as Surety, are held and firmly bound unto CITY OF DENTON, TEXAS ` - " as Obliges, in the sum of FIVE PERCENT (5%) OF THE AMOUNT BID Dollars j I, for the payment of which sum, well and twly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firndy by those presents E WHEREAS, the Principal has submitted it bid for ._--UNIVERSITY DRIVE SANITARY SEWER )iID NC L. 1542 - _ _ NOW, THEREFORE, if the Obliges shall accept the bid of the Principal and the Principal shall enter into a Contract with the obliges in j accordance with the terms of such bid, and give such bond or bonds its may be specified in the bidding of Contract Documents with - good end sufficient surety for the faithful performance nl such Contract end for the prompt payment of labor and materiel furnished in the prosecution thereof, or in the event of the failwa 0 the Principal to enter such Contract and give such bond or bonds, it 650 Principcf shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform tht Work covered by said bid, then this obligation shall be null and void, othefw'se to remain in full force and effect. Signed, settled a d dated 2 ULP, 0~ LNDA CON CTINGe INC _ t inNpelM~ s Ia~AI (hoof THE TNSURANCE COMPANY OF THE 1 STATE OF PENNSYT,VANTA r Bond No, By s ' 113t g[1L _i --ananHV~n.fect 2637'3 r3~84)e I , ~i s .1 ; ~ltiVt' Irhlllllllll ~ ;1131~1J111 III' ~'+I.II; J f f':f1;~1+.111 i.; I l i I I%V M ~I I \11 \ 111 I I I I 1'111 IN 111IAI S` 11111,10-A )I 1 R. iil,~S 1 1' I ,u i i ~I 111 I,I \i'H1+;1'f. Ilr , I ~ nr.-I rl' i ini. ~i ~ f , ~ is ~ II c I R I I F I I 'I'll Rf tir 71 ~11~Ih~ I 1\ 1111 \li.~ti 11111 Il!'tII 2NW SEPTEMBER A3 M p i i' !lYU. I i COMPLAINT NOTICE Should any dispute arise about your premium of about a claim that you have filed, contact Me in4urance company or agent that issued 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 you written complaint to the Texas Department of Insurance, P.O. Box i 149091, Austin, Texas 78714-9091, Fax #(512) 475-1771. This notice of complaint procedure is for information only and does not becom a part or condition of the bond. i i r t~ I r 1 s OG~Cc~ oCflC~~cGOpPPP Ov~ { r °O~~ ` I ti J'~ ~ ~ q ~ ~ +~Op ~~G ~ o o a a a a o n~°°°oo I it I CONTRACT AGREEMENT STATE OF TEXAS H COUNTY OF DENTON H THI: AGREEMENT, made and entered into this 19 day of JANUARY A.D., 19 93, by and between TH :TTY nF nFN'M)N Of the County of DFNTON and State of Texas, acting through LLOYD V. BARREU thereunto duly authorized so to do, hereinafter termed "OWNER," .and PADDOM SOUTWIST ?NC., P.O. BOX_20117,_ARLINGTO ILA" 76006 I Of the City of ARLTNUMN , County of TARRANT and State of TEXAS hereinafter termed "CONTRACTOR. Ij 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 1 hereby agrees with OWNER to commence and complete performance of the work specified below: BID N 1456 - POOL RENOVATION in the amount of $521,94b.00 1 and all extra work in connection therewith, under the terms as stated in the 4eneral Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, toolm, superintendence, labor, insurance, and other accessories and servicau iecesaary to complete the work specified above, in accordance with the Jonditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Specie] Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and -the Performance and Payment Bonds, all attached hereto, and in accordance with the plane, which includes all maps, plats, blueprints, and CA-1 01148 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by MAN F. NELSON AR ITT r all of which are made a part hereof and collectively evidence and constitute the entire contract. Indepenlent Status in mutually Contractort that Contractor unissraan Independent agreed andw shall snot abe doomed to be or considered an employee of tta City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave nenefits, worker's compensation, or any other City employee benefit. City sh,All not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shalt m the services hereunder according to the attached specifications at he forgeneral 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 damagoa, loss, or liability of any kind E 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. i i 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 he dative established for the start of work as set forth in written notice to commence work and complate 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 he Proposal, which forms a part of this contract, such payments to be subject to the 4ener4l and Special Conditions of the Contract. CA-a01144 -ti X k' IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day fir3t above written. ATTEST: Q~ CITY OF DEl" OWN B V (SEA:. ATTESTi I 11A mr QM T~ CONTR TOR By tr APFROVM AS TO FO~K: U• G Ci"tor y i 1 CA-3 QIl1a 10, PERFORIIANCE BOND STATE OF TEXAS COUNTY OF DNPUM ) ( KNOW ALL MEN BY THESE PRESENTS: That PADDOCK SOUTHWEST INC. of the City of ht NGMN County of TARRANT , and State of TMI as PRINCIPAL, and V774 A-L- ~t .q p P LTqIc-6- p as SURETY, authorized under the laws of I` 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 FIVE HUNDRED TWENTY ONE THOUSAND NINE HUNDRED PORTY SIX and no/100------_ - Dollars s~1.e4~_no ? for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executor.3, successors and assigns, jointly and severally, by these presents, WHEREAS, the Principal has entered into a certain written contract , with the OYNFR, dated the 19 day of JANUARY, 19.2L, for the construction of BID 11456 - POOL WYATIONS in tho a*nUnt of SK 46 DO which contract is hereby referred to and made a dpart hereof an fully and to the same extent as if copied at length harem. 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 voidr otherwise to remain in full force and effect; PH-1 I PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all I' bilities 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 Cetus 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 -,ad sealed this instrument this day of 19q-?. ~M7 c ~8-wl YuN f , 1~Ic , l i ✓ / / - Cwt t sLp -~q D 1= 4"Ct+ Principal uret - 7 I By / "AU + Title Title 4-17-p "ems} Add~r~epss~ l30X -')_G 111-7 Address f~•~. ~ px ~GGk btS~(l n{F ~X'-- 10 i (SEAL) (SEAL) Ta name and address of the Resident Agent of Surety is; 11-o H K,l~~i of x, :)-k 1 T" NOTEs Date of Bond must noot be prior to date of Contract. P B-2 0091b 11 { PAYMENT BOND STATE OF TEXAS X COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: That PADDOCK SOUTHWEST INC. of the City of DEN'PDN County of TARRANT , and State of TExAS as principal, and authorized under the laws of the State of Texas to act as surety an bonds for principals, are held and firmly hound unto _ 'rte CITY OF DENTON , OWNER, in the penal sum of FIVE; HUNDRED TWENTY ONE THOUSAND NINE HUNDRED FORTY -SIX -and no/10y---------------- Dollars (~_szl.94e,an > I for the paymeat whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thee presents: 1 WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 1g day of JANUARY 19 93 BID 4 1456 PnnT. REMYATIOM jn Abp g571 gAA nil 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 oblip tion shall Le void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 3160 of the revised Civil Statutes of Texas as amended .y the acts of the 36th Legislature, Regular Session, 1939, and all liabilities cc this bond shall be determined in accordance with the provisions of said Article to the same extent as if it vare copied at length herein. 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 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 WITHNZSS WHEREOF, the said Principal and Surety have signed and sealed this instrument this -~:Sday of ~-f) Vl{~-~1iJ 103 ~l4-~DDr ecT . C- A-"*t- Principal. Surety By Title pot Title F-A-C4-' Address , G R OK AO It f"] Address ('0 g I i IXi ~ o c,~~ nl ~ r i i (SUL) (SUL) The name and addr: !in Resident Agent of Surety is; r PB-4 0092b I AINTENANCE BOND STATE OF TEXAS ) COUNTY OF DhS2-) KNOW ALL MEN BY THEE RESENTS: T'UT Tftw sT TNP, as Principal, and S C a Corporation aut prize to o business is 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 FiFTr Tiro TxouSMD OKI H a Dollars ~r , -;10% of t h; tote amount of t e contract for t-e payment of whic~sum said- principal and surety do hereby bind themselves, their successors and assaigna, jointly and ll severally. i This obligation is conditioned, however, that: k WHEREAS, said PADDOCK SOUTHWEST INC. has this day entered into a written contract wit the said City of Denton toed and construct BID 3,456 - pool, gMOVATIONS w is contract and the pans and specs .cations therein mentioned, adopted ST-me- City of Denton, are filed with the City Secretary of said City and are hereby expressly iacorporatd herein by reference and made s part hereof as though the same j were written and set out in full herein, and: li WHEREAS, under the said plans, specificationn, and contract, it is provided that the Contractor will maintain and keep in good repair ae 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 backfil.ling that may become necessary In connection therewith and do all necessary work toward the repair of any dafetctive condition growing out of or arising from the improper construction of the improvements coatamplated 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 dafect:.va conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in came the said Contractor shall fail to repair, reconstruct or s+timtain raid 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 tend its suratp on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terns and provisions of said contract sad this hand. MB-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 her:ln and said contract provided, then these presents shall be null and void and 12',,e no further effect; otherwise, to remain in full force and effect. It is further agre^,+ that tnis obligation shall be a continuing one against the Principal and Sur..: and that successive recoveries oav be had hereon for successive breaches of 1:he conditions herein provided until the furl amount of this bond shall have been exhausted, and it it 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 WHMEOF the said C as Contractor and rincipal, s caused these p e resents to ,ezECUte q and the said l/t 1j i t/C r2 5 _ , as suFety, has caused these presents to ez cute y ita Attorney-in-Fact !and the said Attorney-in-Fact has hereunto set is an this Z13-Ray o-T 1913 I SURETY: PRINCIPAL: BY . 1 ~1DA G-f~Gt_ t- H ti.! S NtflkP,~e~A-7, P1eC~, AttorneyY n- act I h&-2 0093b UNIVERSAL SURETY OF AMERICA 950 Echo Lane, Suite 250, Houston, Texas 77024 Band No, 129-1204 1'w Verification of the audiority of this Power y.w may Ittephaa (713) 722-46% GENERAL POWER. OF ATTORNEY - CERTIFIED Copy KnnwAff Mee by T'Aese Presents. Tbet UN1vERSAL SURETY OP AMERICA, a corporsulon duly orprilged and axietin` under the lawn of the State of Texas, end having its Principal office in Houston, Texas, does by thou present maka, constitute end appolll Made Radcliff its true WW lawful Artomey(s)-in-Fact, with full power and authority hereby ccofstnd in its n erne, plum and stead, to exomus, acknowladls and deliver bonds for: Principal -J'at~fifhlYggLlnc• Obliste r;tYtfDaatm Amount AM to hind the Company thereby as fully and to the seme eaten; a if 1116 bonds were sinned by the President, sailed with use oorporMa jest of 77 the Cnntpany and duly sileNed by its Sr.^elary, hereby ratifying and Confirming all that the said Attomey(e)-in-Pass may do wida am above stated limitetlons, S 1d Appointment is mule under and by authntily of the following reaotutlnri adorted by the Btrard of Directors of thsivassal Surely of America at ■ maeting held on the I I th day of Scaly, 1984. "8e fl Resolved, Ow the Pteslderx, any Tice President, Secretary or any Assistant Secretary shell be and is hereby vested with Adl power f aid suthorily to appoint any one or more suitable persons as Altomey(s)-in-Pact to represent end as for and on behalf of the Company," "RESOLVED that the siviaivre of any off ccr Of the CArPOM11011, and use seal of the cwrpotaion may be affixed or pristed by fecshnila to no,v power of attorney of the earpondlnn, sal Uzi such prbiud facsimile sig rwture aid seal shall be valid and bra lq upon do aorporaflert," IN Wiliness WhenoJ, Universal Surety of America htun caused tbue preanth so he eldmtd by Its Preeldmt, Jobe Ksoce& Jr, sad IM corporate out to be baron offlxed this I,,L_ day of (kWt»r A,D„ 10_02_, UNIVERSAL SURETY OR AhtE_ CA e Slate (of 1'cxru Byt--- `t Aet ;n+s r oat r• Promm Couvaly of Marrla On thly. IlW day of-QSt0 s r,_, In Iha year _gL before we W-mdy W. Stuckey a notary public, personally apgNmvrad John Knox, Jr" perwnally known to me to be the person who executed the within Instrument u President, oa behalf of the carpwa- ttou Iberein maned and ackonwledglni to me that the Corporation exeeuWJ IL ~q M• U (7 J.°c f W Nnlary Public I, the undersigned SemOry of Universal Siuvty of Arnerlca, hereby comfy that the above std foreSoing is a full, true said corrnd Copy of the Orlgtrisi Power of Attorney isausd by said Company, and do hereby fwiher certify U w dx said Power of Attorney is sWl In forc~o and o fed. GIVEN under my h&M aid IN seal of said Company, at Houston, Texas, Ibis. f ~4-day of,. f►~ 19_L2. Se"Ary 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 insurancn curtifieates s.nd 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 sb,%.ll become contractual obligations which the successful bidder shall have a avty to maintain throughout the course of this contract. 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. I As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory (-,ertificates 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; I however, contractors are strongly advised to make such requests { prior to bid opening, since the insurance requirements may not be 4 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 DentoA. All insurance policies propused 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 LLisued 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 II declared in the bil 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, agsnts, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expense,;. ,VPROVED 12-•18--91 Insuranc(z Requirements Page o LiabilJ.ty policies shall be endorsed to provide the following: 0o 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 nperate 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. t j 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 sway, at its sole option, terminate this agreement effective on the date of the .lapse. acuR:►K$rrrg ~Fl~rs*cx7oL t CE RE All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained iii compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: APPROVI-M 12-M-91 tl f 11 Insurance Requirements Page 3 [ ] A. Geserat Z{ab{fifty *^~uranaes General Liability insurance with combined single limits of not less than $500 000 maintained by the contr actor. Th~policy ha pr beiwritten on an occurrence basis either in a single policy or in a Y combination of underlying and umbrella or excess policies. ! If the Commercial General Liabilit current edition) is used: y form (ISO Form CG 0001 i c Coverage A shall include products, and completed operations operations, contractors, contractual liability ' independent contract and broad form covering this property damage cov+arages. o Coverage B shall include personal injury, o coverage C, medical payments, is not required. I f the Comprehensive General Liability form (ISO Form GL 0002 Current, shall include atileastand ISO Form GL 0404) is umed, it 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. ] Automobi? a .irb t ~ f . InauraIIQ~! i Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $300.0_ 00 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. Edition) (ISO Form CA 0001 Current Insurance Requirements Page 4 N ) Workers comoeasation Insurano• Contractor shall. purchase and :iaintain 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, $100,003 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. ` (X] •r's and Contractor's protective, LiabJ1iJX 2 #uranoe j 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 s9on,nnn combined bodily injury and property damage per { occurrence with a 11.ooo.00o aggregate. [ Fire Damace Leq~l Liabili _y 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 Lisbilitv~7nsursncs Professional liability insurance with limits not lose 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 at t t'. Insurance Requirements page 5 1XI Builders' Risk Insuraaos 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. I Additional jj2AMrALq§ 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 i y r , 1 ' , ~ ~ ~ :r'. ~ ~ i' ! r i'_I.: ~~r}' r{ti1.~2.(. r~'~1r~r~Js-~s'-'_~___•--__.. ~...~~.:wrr~. e~'~ 11 MRAN /E INUI OATI (MM,001ry) 1126 93 this DERTIMICATI II IISIIID AS A MATTIR Of INFORMATION/ONLV AND THE R A 9 C L I F F AGENCY , 1 N C . CONFERS NO "IN" UPON THE OEMTMICATI HOLDER, THIS eUTIPICATE 737 MAIN S T R EE 7 0*88 PoL ll NO AMEND, ExTIND OR ALTER THS COVERAGE APPORDEO NY THE MINDEN, LA 71055 COMPAlM![1111 APROROINO COVEAAOE COMMPA LINCOLN INSURANCE COMPANY MNUAp L~I'TMTp1Ny~ GAINSCO PPADDOOOCK SOUTHWEST, INC. TRAVELERS INSURANCE COMPANY L[TYgAm GR,ND CANE, LA, 71032 MIT, ;N,"yO GREAT AMERICAN INSURANCE COMPANY OWA AAOU 1 71 NOIIO l~t.,~ MVIFTHIT NDINO ALNIYIR[OVI I ARNAN0 TTrR Olt HAVI WEN O R TMOR INGUABO NAMED AWITH THE TOLIOWHION Y 1• 'HIS oERTIf70A MAY SS IiRVtOI OR 6# MAY!' iUCH ►O ERTMN, TN~ IfN1 URA a A"ORpRp By Hf AND OONDITIQfJ THE !'OLIQIRR Opply D MhNEIN IR IUNECT TO ALL THE TEA0,II, RX4LUNIOLIOI T LIMIT/ RHOWN MAY HAYS "IN REDUOEO IVPAID ~ ME WITH I SS CT TO TO HE TR 8, L" or HHAIRAH01 reLHn now wit f A w&%L t " h 1An r0u°'(IOHLVDm~ ►nar IJ"km um"l X OOMMIA04ALNNIAA;LL11IUTy LGLA1040155 12/19/92 12119193 o AcoHlaAn if IC000, 1 N ,CLUDED0 CLAW1 MAO X OCouc ►hoouoLAAD , IGURV, I LUDED OWW'S I OOHTPAOTOR'1 MOT, 14"0NA A ADy IkJUAv I INDEPENDENT CONTRACTORS t"000W1AINCt 11, QOQ, QQQ x1111 DAAIAOI IAnY DM 1M) I B AUTOMpRJLR"mm 01W-W9AMJAV#*p~1 f ANYAVTO GPP566341 8/08/92 8/08/93 IN1DINGL0 ALL0INN OAVTOO 500, 000 X WWCW tOAUTOS IpOILyM1JURY NINO AUTO I~ fMNn) 1 I kO"."No AuTOR viaNUUJIv f 1AAARR LWILITY {M MIAIIM) f IIRIM 6LNIIJI'Y rilo►IRTY DAMAGE 0 uML WhM 1AON04OU1101INOR t OYHIR THAN WW"LLA POAM MEM1An I C M'OANIRV /OMf"ATION ITATUTORY LiMiTI AM 6JUB944J071392 3!15/92 3/15/93 am*AM1DINT 0100,000 IM/L1nAI' L A1ILITY 0II901'-WILY LIMIT 1500, 000 "mill DAIIA00-IACkIMPLOV0 01000000 D BUILDERS RISK # TO BE ISSUED 1121193 6/21/93 AMT. Or CONTRACT $521.945 IT IS WRITTEN THAT CONTRACTOR IS RESPONSIBLE FO D' OF RDDEDUCTIBL,E, APPLIES, 1110ANT10N Of OIIp~Ar*WL0CAtP*NMIHIOU"ft AAII ITIIIII g HPADDICyIONALEINSV; `D. 11'(ITYAQ 2 IAIINU'BURBAIN n SEXAI NCLUSO CATDOINDENGORND TExATNE BUSiD~, yICL.ESt ~11J , 8 FE R gg gg i OsNTMI0A1'IHOI,DEN t6% NI~ ~ HEVY 3/~ 10NIF4~$3, OANCELJL1TIOq 17Y OF DEN70N, TEXAS SMOULOAlIYOFTHEABOVE OAROAINSOP000re9IlQCANCILE@PWFORtTHE l1R CH A $ I N 0 AGENT 101 N DATE THRREOf, THE INUtNO OOMPANY WILL NNOEAVOR TO 9 01- P TEXAS ST . MAIL a WRITTR TO mE OEATIrIQATE HOLOl11 NAMED TO T};E DENT ON , L A , 76201 RVT PA URR %IL OH NDTIOI SHALL IMPOIIE NO OSLIOATION 004 LIA/1L'Tr NY KI Ur0 E OOLIP ! Y. ITS AOENTI OR ROPRCRSNTATIYEI AUTHOAI IIp IN "T T IV AOOP10 ER-S (71103 CAOORO OORPORAVON 1"0 r.' I~ i CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency City of Denton Reference: Project Name: Project No: _ Phone Project LOCation: _ Managing Dept: Name and Address of Injured: Companies Affording Coverage: A 8 -Phone C _ ,r 3 This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time, 2) The City of Denton Is listed as an additional insured as to all applicable coverage, Company Expiration Limits of Liability Letter _ Type of Insurance Po IICv Number Date _ In Thousands (000 _ Comprehensive General Liability Occurrence - Occurrence - - Claims Made (see d4-Page CI-4) Bodily Injury f Broad form to Include: Property Damage = - Premises/Operations - Independent Contractors - - Products/Completed Operations Bodily Injury and Property j - CPentrsonal N3-Page CI-4) Damage carbined $ - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see K5-Page CI-4) - Broad Form Property Oaimage - _ - Professional Errors/Omissions - occurrene i - claims made (see N4-Page CI-4) Comprehensive Automjbile Bodily in jury/Person Li ility Bodily !n ur /Accident Dwned/Leased Automobiles Property Damage_____ _ ; - - Non-owned Automobiles - Hired Automobiles Bodily Injury/Property Damage Combined = - Workers' Compensation and Statutory Amint Employers' Liability ; a c"~ ac~c dent - Owners' Protedtive Liability = Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See M2, Page CI-4), Name and address of Certificate Holder, WE ISSUE0 CITY OF DENTON, TEXAS PURCHASING AGENT 401-8 TEXAS ST. - -'-(TJT1i8AjIFIfpEPKERNTA IVE " DENTON, TEXAS 76201 SEE OEFINTTIONS ON PAGE CI-A ATTACHED. i . -Y 411A J I~ .n 1, 11 P C PROPOSAL FORM for Bid i# 1456 CIVIC CENTER SWIMMING POOL It RENOVATIONS City of Denton Denton, Texas Name of Bldder_ Date of Proposal To. City of Denton (Owner) Denton, Texas k Gentlemen: The undersigned, in compliance with your invitation for bids for the CIVIC CENTER SWIMMING POOL RENOVATIONS, Denton, Texas, having examined the drawings and specHic-Itlons with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the r!onstruction of the proposed work, hereby proposes to furnish all labor, material, equipment, and supplies and to construct the project In accordance with the Contract Documents, within the time set forth herein, and at the price set forth below. These prices are, to cover all expenses Incurred In { performing the work required under the Contract Documents of which this proposal is a part. In submitting this bid, the Bidder agrees: 1. To hold my Bid open through the thlrtyieth (30th) day following the day for submitting this Bid. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. - - 3. To enter into and execute an Agreement H awarded on the basis of this Bid, and to furnlah Performance and Payment Bonds In accordance with the Unllcum General Conditions and Supplementary General Conditions. To accomplish the Work in accordance with the Contract Documents. 5. To furnish to the Owner within 24 hours of the time of the bid opening a breakdown of the bid price separating the cost of materials to be incorporated into the real property from the cost of all other labor, materials, equipment, and services necessary to complete the work. (To be furnished by apparent low bidder only.) ADDENDA The Bidder further agrees, and acknowledges, the following Addenda have been received and that the entire contents have been Incorporated into this Proposal: No.-/---, dated, No. dated No. ~ dated 111001110 No. dated 12.92 Proposal Form - 1 POOL ci~sc ~.n B'd:fLr agrees O erf rrn t II of [hP'N JrMle -,^!b~~ 1@ s ~i tratlons ar ShOWn o @ drawler s or She sum of - ~~jj~~~~•~L~!'° ti~i-,rc''~..2 fi~t°+' _i..R~~ ALTERNATE QUID I Efyl r` 0, Bidder agrees to pgrform~ll of tt w r s descN c~ i i^specific nssaanndshywn the rac ford , 'he sum of . a ls8 pLIER ATE_RM-ITEM_ Q__2 Bidder agrees to perform all of ie wor = ~ribed in 1 `specifications and shown on the drawings for 1 l the sum of _ ADD [ DE_LE AOWAP. IJ A~~i 1f~7~fD ITEM N(~ I Bidder aflrees to perform a!' o ork d cri~ed~Lthe specificatlons and shown on the drawings for the sum of - ' ! ! i ALTEBINATE BID, ITEM NO. 44 Bidder agrees to perform 1i f the wor Ibed In a spt?CIfIC ions d s n o drawln f the sum of I ALTEENATE fQ- M-N-Q,-b Bidder agrees to perfoLlin all of th work oollescrib Inlt-he-l_iet,r}~s hown on the drawings for the sum of W~ NAjE BIb IT~~Q § ALTER Bidder agrees t r}orm ttsa rArprk %e n the pe fc 3t1 the drawings for the sum of ALTERNATE SID ITEM NQ2 Bidder agrees to perfo?Inth k descr -specl ons and shown on the drawings for the sum of~ Amount shall be shrds an d figures In case of dlacrepancy, the amount shown in words will govern. 12.92 Proposal Forn, 2 POOL J 1'`a '..Ki,ELE.1 i~ I f F'Dh1 PNI 111E 110. 917 5EE' 1:95 Pn-?,, &Lftim ~}fa ITEM Na,A (VOW" Ntsrrrt.) tll4Wr p1'tlFiOfw1 k+ M"~'lJ~ it,. f„Ikr.Ai'N ~ 6~u1`M „ued u1bTSYr,.s ff1 1%fttftMV~ - as a dedu~ icr ft sum d Amur$ WW be shown in both wads and Ilpufse. III aasq of iflewspuncy, tho wnwwd ytwwil 11r wIA'as Will oowue. AMA rA "W wwak ldnad sirsss to 40M$1+hr wM a" fides DU s, wJ Mes i ra4r am IIvn+ W" h rutty ff7t we CNMIW I sccerrams no Wv thin Monday, May e4, 1014, and 65 sot forth In IN BP" CV 01kitu, wW "y to'" tiwl ties Cuntr Wf wa afury O*kIded daatuya pm*1orw TAM tMdw WWwf propow to uN Ma foolooMg list of wJbopnlrsctortl at 11*1 proEsCt, 1, *faf>s ! t. tslumalny f: E I an e9wo of Ltfo LWIdft rim" nwtW Wow, tlutt,vdAud to wuu111M tide DID. A Amway fdfschsti vea tp AgWtt's stra w#y to bind Ilk ere. SPY W curves rower 111100M FM eCAL IF fNcoMPORnTI:o ADOt1ESS; f~' ~_zal//7 ~G Or9~ f sT Ptopeew tram s PQQL 1A'i•~I4Y'!( CHANGE OWNER ORDER ARCIJITt':C'I' ) i;l (:ONTRACrOR rJ AIA IJUC,'(.)duiNT <,10/ HELD G 01 HER f:I ~gm I1M1r? ?g 'i'ii It 149 PROJECT: Civic Center Swi.rming Pool CIIAP:GF ORDER NIIAIHER:" - (narne, ad(Iree'`) Renovations 02 515 N. Bell Avenue uA'fli March 24, 1993 TO CONTRACTOR: Paddock Southwest, Inc. ARCI1;'1'f;(;'t" S } RO~ ECT NO (Warne, ac;dress) p,0, Box 201117 ~ 9212g6UiF Arltng;on, Texas '76006 ONTI(A(:'1'DATE: January 19, 1993 CONTPACT POR: Th(r Contract N changed as fo7d;ws: Item 1 - PVC Piping at New Building, deduct of Item 2 - New Conduit$ Wire, J-Boxes, add of 668.00) 4 Item 3 - New Frontier Deck Drains in decking, add of $2'592.00 ~ Il $3,115.00 TOTAL ADD $4,839.00 I Not III until sJyrwd by the Owner, Anchltact and Contreotor, ~ - - - - fhe udglnal (Coniruct Sunt)(Gu:uanrt'ud M ueimum 1'flccl (vac S .521 , 946.00 Net change fly previously' autho /cd Chu)ge Order, Thu (0)[111 act SUIII) (Guaranteed ~14aximuro Prtcel prior ti I this Cltmutge Ortlcr was. S (8,304.00) 513, 642,00 i Titc ((:ontract Sum) {(;u:uanrcc(I Atuxlrnum Prlc'c) wiR be (incrrru•c) (AAxecow awsac)tnpf~tRn) this Uwnµc l )rdcr in Iheamomit or S 4,839.00 I'hc new (Contrac't Sum) IGuar;utrccd Nlaalmuot I'ricr)includiug due (:h:utgc r)nlcr trill he S 518, 4181.00 The Cornract Tlmc will hu (1nt7t7s3t701Clfi1c7GpWd hlnchankcd) be The dale of Substantial Completion as of the date of (his Change Urdur therefore k May 24, 1993 f Idurr; 'rnln ,mnntln' doe, nrll rol_tl chm):c, II: (ht' 0.111, im Mull. C(nnryg I 'I ilnt' ur Uu;lr.nlc't (i 11:clinurrrt l4 ice ahlrI 11,1- Ixvn sl;;fi rq c4 I Or r}n Nirm of f,h:ugic' Dir(rtvc Center & Eurgrass, Inc-'---._._ __P, ad lock-Sou~tlwees , Jac - ARCNII'PX"I' CON1Rla 1(IK U1C'SI'.R 1#fl Q_.Piuden..StsQ.ei--- .94s._-20.11..12- 321_li._sicKinney... ddd¢ti, ldklro, - -J'vxt_Wa,rLb4-.';exa _76 X7-----. _.Ar oa,__'l lzen 11 -T 1 t V-,t tIif)ttld Irr, ^n rin'tl Al-1 (ncI1i)Tlp t( "imif 6 itr thI7 :.'i l3ilnll -)Y rll^ 11 If Calf: nHf rIIK • Ili' h1!I ill l~ Oil` 1-A.N IN, 'I It't 'f t. I)f 1K(IIIHA IA. 1'~S N1'q 1l)RI, 1l'I' Nq qt04 n, GIt ln,jUl .,exl a7o1--198 -9e7 4rAFitili UmIuvood photocopying vloletes V.S. eopyllght Issue and is subject to legA prosecution. I i { QOO~w p~P ~QD rQ ~Cd~C~ a~6 *0;0006mGn ~ 00 I i f i I t; ~f CONTRACT AGREEMENT V STATE OF TEXAS § COUNTY 01' _DENTUN THIS AGREEMENT, made and entered into this 11, day of rnAV _ A.D., 19 ()a by and between crmv nF_ _ of the County of. - r&gTON and State of Texas, acting through I LOYD V HARRELr__ thereunto duly authorized so to do, hereinafter termed "OWNE:,,w and f PA'C'E 8 ,_.~2yET UcTION INC., 780 W. MANSFIELD HATY K1E:NNEDAL$, T2XAS176060 of the City of KF.NNFnAi x County of _ TARF;~T and State of -.'TEXAS i , hereinafter f termed "CONTRACTOR." WITNESSET'H: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed 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: B10 0 149.9 - Tl.e__ Y LANE TJTILITY RELOCATION in they amount $1,686,821.18 and all extra- work In connection therewith, under the terms ❑s stated in the Gene,:-al Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, ouperintendence, labor, insurance, and other accessories and services necagsary to complete the work specified above, in accordance with the conditions and prices Atated 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 Siddera:, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 i all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and 'the Specifications therefore, aW prepared by THE ENGINEEKNG STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. J1WUendent Status It is mutually understood and agreed by and between City and `I 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, vacatior 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 liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act j 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. I 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 herehy 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 a!id 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 'i.,va~mgg a IN WITNESS WHEREOF, the parties of these presents have executed this agreement i.n the year and day fiirst above written. ATTEST: 1 ~ OWNER P ! ATTEST: T' PrAng. ACT RSyTN('. , CONT TOR d~li?3LI_. By SECRBMARX T tle ICF, PRESIDENT (SEAL) APMOVED AS TO FORM: City Attorney f f r j i i CA - 3 E I M P O R T A N T N 0 T I C E - - - - - - - - - - - - - - - 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: 1-800-352-5439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 AUSTINo TEXAS 78714-9104 FAX P (512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A E CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT' THE TEXAS DEPARTMENT OF INSURANCE. i ATTACH THIS NOTICE TO YOUR POLICY. THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART r OR CONDITION OF THE ATTACHED DOCUMENT. i i i 3 r I MEEK d~ f r BOND NO. 071SB100810125BCA PERFORMANCE BOND STATE OF TEXAS COUNTY OF, nFn,rnn KNOW ALL MEN BY THESE PRESENTS: That _pATF nsna rntirc n rnrr. of the city of County oil TAR and State of V 1 as PRINCIPAL, and _ The Aetna Casualty and Sure r 4mPany _ _ 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 clTy of pULCQN _ as OWNER, in the penal sum of ONE MILLIODl SIX HUNDRED EIGHTY SIX THOUSAND I E1GHT HUNDRI; TWENTY ONE AND 1-"-- -Dollars for the l f payment whereof., the said Principal and Surety bind themselves, and EI 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 11 day of MAy , 19 93, for the construction of ©1D# ~~_TEBRir.y rnhc „fir TTy RELOCATION in the amount of $1,Fi8G 821,18 i i 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 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; PROVYDED, 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 72nd Legislature, Regular Session, 1981, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein, 1>B - 1 4r`` 0 ;t PROVIDED FURTHER, that if any legal action be fillet: 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 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed ! and sealed this instrument this 12th day of May , ! ll! f i 199_3 I Pate Brothers Construction, Inc. The Aetna Casualty and Surety ~o any Principal ur~ety By Mo~itGCc. B l6// Title DOUGLAS EISBALLE, VICE PRESIDENT Title Bluce G. DeHart Atty in-Fact 1 Address: 780W. Mansfield 141jihw-ay_ Address: 16666 Northchase Kennedale, Texas '16060 Houston. Texas 77060 F i (SEAL) (SEAL) The name and address of the Resident Agent of Surety ist 81Aey Aaeociatea Surety-jnaurncg r 8810 Will Clavton Parkway, Suite C. Humble, Texas 77338 } NOTE: Date of Bond must not be prior to date of Contract. i PB - 2 1 ~r r BOND NO. 071S,3100810125BCA PAYMENT BOND STATE OF TEXAS S COUNTY OF _ DENTON S KNOW ALL MEN BY THESE PRESENTS: That PATr BROS. CONSTRUCTION Itic. of the City of KENNEDALE County of T TARRANT____- , and the State of TEXAS ! as principal, and The Aetna Casualty and Sure+~ Company f{ authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE rITX OF DENTON , ODINER, in the penal sum of EIGHT HUNDRED TWENTY ONE AND 18/100 Oi3E MILLION SIX HUNDRES EIGHTY SIX THOUSAND _ Dollars ($1,GFs6j821.1„8 for the payment whereof, the said Principal', and Surety bind C theniselves,and their heirs, administrators, exe_utors, successors J and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the _11 day of t4AY 1993 I BrD 0 1993 - TEASLEY LANE UTILITY RELOCATION to °~vhich 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 pray all claimants supplying labor and material to him or a subcontractor in the prosecution of the :cork provided for in said contract, then this obligation sliall be void, otherwise to remain in full, force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5169 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, 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. "This bond shall be construed to incorporate the provisions of Senate Bill 1321 enacted by the 71st Legislature of the State of Texas, Texas Regular Session, 1989." PB - 3 4 'i r v a ii i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying thq 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 termu 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 thi.s 12th day of May 19 43 i i Pate Brothers Construction, Inc The Aetna Casualty and Surety Co eny Principal Surety f By A"Zee' B lcr~/ f T1tle DOUGLAS BISBALLE, VICE PRESIDENT Title Bruce C. De Hart Atty-in-Fact Address: 780 W. Mansfield Highway Address: 16666 Northchase ~ennedale, TQKas 7bOb0 Houston. Texaa 77060 ' i f (SEAL) (SF ) The name and address of the Resident Agent of Surety is: Elaev- 6 A~~o~i.atea urety~naurance 8910 Will Cla ton ParkK~y, Suite C, Humble, Texaa 77338 Pa - 4 BOND NO. 071SBIOOBI0125BCA MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS: That PATE BROS. CONSTRUCTION INC. as Principal, and The Aetna C<:sualty and Surety Company a corporation authorized to do business in the State of Texas, as 1 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, it successors and assigns, at Denton, Denton County, Texas, the sum Of OIiE HUNDRED SIXTY EIGHT THO[3bANb SIX HllN RED,f TOxTY-?Wo AND 11.(100----------- Dollars t6a.6,a2.ilten (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 i and severally. E E This obligation is conditioned, however, that: k k WHEREAS, said FATE BROS. C ONyTR ' .TIO~ ~c has this day entered into a written contract with the said City of Denton to build and construct D _1423.- If"AqLRY iE [1TILTTY RELOCATION which contract and the plans and specifications therein menti. 1, 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 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 periud of one (1) year from the date of acceptance thereof and do Z11 necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective con0ition 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 defec'cive 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 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 pert 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 tha 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 ccntinuinc,I one against the Principal and Surety and that successive j 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 Piite Brothers Constrvctlon,_Inc. as Contracto nd incipal, has caused a presents to be iC- executed by I end the e,aid The Aetna Casua3,.L) and Surety Company. as surety, has caused thasc~ presents to be executed by its Attorney-in-Fact duce C. DeHart and the aaid Attorney-in-Fact has hereunto set his ha„d this 12th day of _ May , 19 93 SURETY: PRINCIPAL: i 1) A~.tna \Y.,. hty ~nnra C^L~Y Fate_ rothe~Cons~c..,.. Bruce C. i)eHart ~0OUGLAS BISBALLE, VICE PRESIDENT Attorney--in-Fact 1 MB - 2 I Pill Ii I j ""prum THE 4TNA CASUALTY AND SURETY COMPANY I Hartford, ConnnCUCut 06156 LIFE & CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY{S1-IN-FACT KNOW ,LL. MAN SY THESE PRESEN T$, MA T THE ETNA GLSVALTY AND SUIIMCOMPANY. a Cwp01e110ndwy ofganirlo under rho law, of me $1611 Of Cn,rnKlrew, and having ilt pl,n iPa office in M1 Gry of Harvard. Cai of Hanford, Slate of CohnKliGn, ham made, conswulad and 00041144. and does by male P:etenla male, constawtl and aopaint Ronald E. Elsey, Bruce C. DeHert, Edward L, Moore, Charles N. Elroy or Michael D, ftauke; - , of Humble, Taxes its w,eand hweWAnorn la won, Ommle and ItMdwt e, at Aa aY •PKR with fell Pad nnowm e Area there nleryo rated by Y PIK1 w. The the Un:la4 $ules, a, it the failo 1011owvnp qne W road in, within the !res IAKe 069,9. by hiarhfrWO 1ignalwo 10d ICI. any and Id toNs, I K" jl1Op" COnRstf OI IOddory 11CO91itlNa, Of 4"vidOna ONerialing, and any Intl all contents madents thereto and CIMf wndngf OWigaMry in Me 1111v110l a OO nC. i I and to aN THE ANNA CASUALTY AND SURETY COMPANY, thereby is fulty aN to rho ume alam N if the lame were Hgnes by the duty - wlh,waadohltln a THE A1TNA CASUALTY A YO SURETY COMPANY. aNal the MU at said Anohnay(el•1n.Pacr, purw enl to the lathway retain glrwh we heresy IIORed end Collator", This 40" ill M I I$ mlde wi dw maw W W IRw W Of IM lalowinq Standing Raeahrlians at said Company Made Reswwwns we new in lull RICO W etfalY: VOTED; TirN ewA Of m1(wlowlnq OrfwKC Cheirri V;CeChairrnao, IIINWn1,An taecvllvo VkePresidm#,Arry Senior Via P4lwenr, Any Vice Preawam,Any AeMs1er11 VkaPlesfderll A,ry Srwaaary,Mry Alewarhi Saawarrr,may Irpm tlAH to dme IppOfnl Rs"Aint vha Poilit rA, Resident AWwHy slaelarlea. ARerryye•In•FKL and a•gena la data .,won oMill atM eamkaes a lumotiry may W+aw1M w Alen lath ten Colrlpany end may gnOlrry euih aopam" k" atllhtrnry as nta i^da,n,lilY. and edar raid CMrpK>Y's nMle Cad tea wKh IM f:YTPMti C eKl boltdl, r"mmance1. COnIrK4 of Oiradf0le m1 ar M ,rE'I °ary In ten nano a a Iaond, r10eM rani., w cd,rNliwrd u Y Y who rarrwve arty IYM AppdMees end r~voq ten pewwr end AwMn ants any of aai441nnK1 Or mo Beata of ry e'ye,1 Mm. VOTED: ThN aM taww, rOOpgnitanH, tanlrea a+ndalnNN, Nwdling Owig110ry In ten MIW a a t DON,,KOpni IMee, wtanall Anal uNMI Mal W raid a,ld wnarp upon theCompany rYY.e,r h) mAned fry Me Cl 4rmM. MO Vlq GTeumM, IM ►resitlOn 1, M Lr0d411 ve Vire Pres14erYi1n1 q a aenrar Vke PfesidMf, a Vk1 rreerdenC M A:IWtMI Vka DresidMf Dv a R,ratlenl Vka Pres1dM1, PUIIUMt r4 the Powe, C 4at1,0141 0 Ina <Mdkwr0lwlhwlryoffuthRNwMIYi.elrNidMi,aNQulyaRNlgMtlla11edwnhM000rnPany'fIfalbya$Klaery OrA$04Ilan ISiCfI "re av id t A es WM7 Aes ANhf a.ira ry, pvfe'An t is Mf PawK gesCntl.4 in thf CMlfiw101 aY l h w: y al fYtll ResidIRAIMSlaA1$lcre fart; w I D) dvl y f aeCYbd i4n4a t/a. if rpwrpl Dy one or nwre Artwneye Ml Pest PvrwMl to the POwK Ol"i bad in hie 0, [hoir 9MI RCA IO o, tomfu reo C I wlhwiry, Thq Peww of Andmay and Cwtnkwr a rAud oriry h 1 *40 and aeshd by f1dukWla ,Cllder and by awha my Of ten I . I w+M'i,1e SIaNNq ReAamwn ylaled W ma e0ard a Ofreaan a TH rCTNA CILSUAI,}Y ANO SURETY COM►ANV wlueh RaaoluRan h now Y1 HU Iona and enact; VOTED; TAw ahd Ygnap,ro a "chat rM OMI. PAMidenl.MyVIghna I I Awry AaaaMf,Wgy Proki:n Chairman. vint Cho"". PreerNnl My ghtlelbvie. rreeiaft may Senwr Yke faehll's to any Rower, of ashole la , w to SIR Cardki ?Nett t1i po"~e1Mt Secretary arn, Vi # PrOaid/Ml. MO ma % R blind blind l Aelo mi Sed e aMtp by ARarndrfa•MMPaa hen putppeee wly Ol neaalbq and Iaesdng Ognde and ufgeR A~dov V w "s AA wwll 4ta o a Or Win poYrw of own" or ClldtkOle Ylnal AA mv lid And ndipelnryn M1 nrhllemKKal,aN!fry paver W aewted aN d.w ter IuN hWrruheynau4 w Ii oda ile fat MIN W yaCN ngwoo upon Me CwRDeny 1N any wen red M eoSh IINanl1 ay V. AM fauimtle WI MITI He raid aN Dindinp upon Ma D4rnPanY M Ins lulus W,Ih rOepap to any b0,r0 w ullderlatinp W wMm in h M V. IN VATHEee VME11E0P, THAI ,ETNA CASUALTY AND SURETY COMPANY ham Totaled mh Marumerlc to Dt sgned by ON day of Senior Vice Presi~ Tt i and its iwoaete 0" to be hNwo arn.ed OWN nth Jule to u+ THrAr" UU~ eURe'TY COMIANY Sucre of Caulac,Nw COW" a HIMwd a Nareord Yf "ph P. Kiernan Senior Vice President t gyre kam", whd, dbobp W frys"1wdm, cod a" aged 'v: IMI Weals °NtO11IPy elms foJOS" r Vi P. N roside of THE ATTU CASUALTrAN03URETY .roMPAHY, dy uVarpptaaan p1 a1da11A M: Miin °rw+t~Il~mdil M. Yrowa tr wool aad,aatiw/N10n; dIM v a rem Yenned to 41/ 11,0 7ltsnwrrerlt IO 1r4/1 corywfele 14141I: am Mal "I'l 11Y acvled me," mornimerrl On Of Ina to" hem by Avtheny a hkyAer oOke wrdaf the 5lahdine desolations Inwoor, What! ••ti re Y.° ramm.Yaan arpnAd M ~'"`Y'•w'arr~- t..,d/ Jt. 4 90 NolAry Public crnnrlcArr Dorothy L. i I, the, undefelr„Ig, 0.teem Ca 14nod L OO NtR!__-`y ~EIIT7My 1 of THE AETNA CASUALTY AND SURETY COMPANY, a vacY cupolNwn of The And beenr hKIM fweparp d aroaty"Is' er OrARUrnay and CMifdare of Axlhwiry rerna,nf in M;I face ono fill fore. a.oYed; aN hfnhrmere, that ITT* Srlnarq Raeawbne of are eaar0 01 dlocnwr, !e /af loon in the CMlacala of AulharNy, art haw signed and Soµw st me Hwno oMC4 of IM Company, in "TO Ciy Of /4rtfanl, Slat C 1. &.4 12th May » 93 11 + r C IS•Iq}IIINIl 10 Lary Nhnf10 d/ U 3 A 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 inslurance carriers or brokers to determine in advance of. Hid 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 ,sward, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. I $7'~Iyil? .~RQY? 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 hc!reinaf%er. 1 A~s soon a,a practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, conteiining the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clir.ification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests 1.->rior 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 boon accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requiresmentu 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 rioted. 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 sr:lf-insured, retentions with respect to the City, its officials, agents, employees and volunteers; or, the cz--1 f II • 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 sure and City volunteers. Denton, its official, Agents, Em}. 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, ncn-renewal or reduction in coverage. o Should any of the required insurance be provided under a f claims-made form, Contractor shalt maintain such coverage continuously throughout the term of this contract and, f ! without lapse, for a period of three years beyond the f 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 coverage as required by 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. BPECIFZC ADDITIONAL IN8t1FcANCE I2EQUI Awu All insurance policies proposed or obtained in satisfaction of tlis Contract shall additioially comply with the following marked specifications, and shall. be maintai'-ted in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: CI ° h r I M ¢201991 Liability InsurrAnae:_ General Liability insurance with combined single limits of not less than $1,0G6,000 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 underlyinq and umbrella or excess policies, if the Commercial General Liability form (ISO corm 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. f o Coverage C, medical payments, is not required. 1 If the Comprehenoive General Liability form (ISO Form GL 0002 I Current Edition and ISO Form GL 0444) is used, it shall include at least: j 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) omobile L.bili~y~uranaa: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $1,000,000 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] No~kars Compensation InaurLq" 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 - 7 I w f f occupational disease. The city need not be named as arL 'gAdditional Insured" but the insurer shall agree to waive all rights of employees sans ovolunteers against for any work performed officials, the agents, by the Named Insured. I f t f ~ I ~ I J I i CI - 4 f f k is JAYS See Bid SummarV BID NO. 'gasley Lane Utility Relocation -Water PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRIC,x TOTAL 2.12-A 16" Water Line 8852 LF $ go,Z2/LF $;3 5-6,077.4y 2.12-B 12" Water Line 19 LF $ 25LF $ 250.80 2.12-0 10" Water Line 10 LF $ 22.71/LF $ 2'z9, ~D 2.12-D 8" Water Line 961 LE 2t.ig/LF $ 2P,4213s 2,12-E 6" Water Line 32 LF S I1.52JLF $ 67-q.to4 6.4-4 27" Bore & Pressure Grout 620 LF $ 17E.rjfLF $/05,If 09.410 6.4-9 30" Bore 370 LF $ (R9.7N/LF $ 73j5)3.80 2.12.5-A 30" Gauge 7 Steel. Casing 460 LY $ 70.rCILF 3 32,511.00 I I i 2.12.9-B 14" Gauge 7 Steel Casing 393 LF $ HD.07/LF $ /S,74*7.S7 2.13.1-A 16" Gate Valve 6 EA S `l,?yYs8iBA $tq,1,9/,NA s. 1-E 12" Oats Valve 2 EA $ 720-WEA $ { - 2.13.1-C 8" Gate Valve R EA $ SlS.041'EA $ -Yo M, b'8 f 2.13.1-D 6" irate Valve 2 EA $ qgZ ,74/EA $ PF3.37- 2.14 F£re Hydrant 6 EA $ i,Vo.o./EA $ 7,04!,72 SP-42 Remove Valve $ EA $ !73,06/EA S i~9~4,y8 S7-40A Cut and Plug Wate- Line 7 EA $ 3o 1, 4L/EA $ 21110, 2L SP-2 Concrete Saw Cut 699 LF $ i,94/LF $ 1J370,0 y 3-B Remove Curb and Gutter 25 LF $ 3,3y/LF $ 82.71 3-A Remove Concrete Paving 329 SY $ Y.Af7/SY $ 11,170, 63 3-C Remove Walks and Drives 8 Sy $ N.Y7/SY $ 5,7 4, 8P-43 Remove X-Tie Retaining i35 LF 5 7. F?. J.LF $ 1,aS5.70 Wall 2.13.1-8 Air Release Valve 1 EA $ 213ocoq/EA $ to a0o.00 P - 3A nwnn •in~.. ~c k.. gyn.,... BID NO. 1493 Teasley Lana Utility Relocation - water PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-A1 Remove Concrete Rip Rap d By $ H,w7/sY $ 90.23 8.2-3 Rwwve 4 Replace Concrete 115 LF $ 21.2r/LF $ 2)glgd S Border 8.2-A Concrete Curb and Gutter 10 LF $ 4.11/LF $ 41.80 8.3-A 4" Concrete Sidewalk 8 SY $ 13.;31SY $ Jkb,6y 5.8-A 6" Concrete Pavement 329 BY $ J79V/SY $;214Yf.a SP-45 Asphalt Curb and Gutter 10 LP $ 4-48/LF $ re9,&o 5.7-A Type D Asphalt Patch 100 Ton $ ;2,98/Ton $ 3,238.00 Material 11 I 9P-37 Brcavation Protection 8630 LF $ s017,00 1 I 1.21 Contractors warranties LS $ 111,1,5,/ LS $ 11I , e and Understandin a I!f 3.1 Preparation of Right-of- L8 $ 10,1,s/LS $ III,F S Wav SP-10 Rook ExcavAtion 100 Cy Is N/,J,x/cY $ I7, 116, 00 2.12.8 Ductile Iron Fittings 1500 LB $ 9.45/LB $ JV,,77S•Do I 8.1 Barricades, Warning Signs LS $ 2,a17, 7io!LS $ 2,217,74, and Detours 3.12 Temporary EroALon Control LS $ 1,c 74, 7s/LS $ / PIC 75 i SP-39 Project Signs 2 EA 6 342,26/EA S 7~S 72 2.16-A 2" Water Service 6 SA $ 739, 2) /$A $ 3, 41 f.OS 2.16-B 1" Water Service 1 EA $ 914.41/EA $ (If36.7g 3.10.7 Hydromuloh 39 8Y 5 1,47 /SY $ pS,13 Labor and Materials $5$U iG9,9+/ Incor rated into Project i Other $ /y01 l 11 • PL ' TOTAL $72 q,7yi 7fo p-4B 1 ~I WORK DAYS See Bid Summary Telaley Lane Utilit BID NO. 1993 LRSl4Rat;ion - Sewer PO NO. . BID TABULATION SHEET IT= DEICRIPTION QUANTITY UNIT UNIT PRICE TIOT" 2.12-F 18" Sanitary Sago 540 LF $ 32.31/LF $!7,490.60 2,12-G 1S" Sanitary Sewer 840 LF $ ?I-ST/LF $g3 9k2..0o 2.12-H 12" Sanitary Sewer 4624 LF $ 2y.71/LF $lry,b28,7A, 2.12-B1 3.2" Force Main 3935 L? $ Iy.g71LF $ 1p/ 94,fr 2.12-E1 6" Force Main 1238 LF $ 04/4,3/LF $ /d, ll/.!y f 2.12-J S" Sanitary Sewer 1107 LF $ 2K.z3/LF S -26, 1»,6! 4 2.12-K 8" SDR-26 Sanitary Sewer 1247 LF $ t&,JV/LF $ 3/,s7H9./0 6.4-C 16" Bore and Pressure 537 LF $ 1%.2+/LF $ 78,8gl,bt Grout i I 6,4-D 10" Bore and Pressure 8o LF $ I03-31/LF Grout ' 7.6-1 4' Concrete Manhole 21 EA $ 1z1,0j/SA $ zs,btiv, 0,3 7.6-B 4' Dxop Manhole 1 EA $ r 74,SWEA 86 a 7.6-8 51 Drop Manhole 1 EA $ 10sirs,4!/EA $ J~ 7.6-C 5' Concrete Manhole 6 EA $ 8'00.0~/EA $ F, oe0, c y 1 7.6-D Offset Manhole 2 EA $ I,sGasa/YA $ L, L/ 7.6-8 6' Concrete Manhole 1 EA $ t,wg9.61jKA $ L Y4s c2 SP-41 Remove Manhole 6 EA $ 4, 094, 04 /EA $ 3/ bYy, v9 SP-8 Abandon Manhole 3 EA $ 6,1.7y/BA $l,caV,Fb SP-31 Break Into Existing 4 EA $ 451,!8/8A S IIY)2,72 Manhole SP-40B Cut and Plug Existing 15 SA $ d5'/.t!/EA $ 31748, Is Sewer 3-B Remove Curb and Gutter 112 LF $ 3.3T /LF $ 375,20 3-A Remove Concrete Pavement 241 Sy $ N,Y7/SY $ 077,27 SP-4 Waterline Lowering 5 EA $ /,i,y,,a/EA $ G,07o.5e I P - 5A 01 WORK DAYS Sep Bid Summary BID NO. 1443 Teasley Lane Utility Relocation -Sewer PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRYCE TOTAL 3-C Remove Walks and Drives 177 SY $ y.w7/SY $ 791. 1y 8.2-8 Remove and Replace 85 LF $ 27•tl/LF $ /,g02,QS- Concrete Border SP-47 Relocate Meter and 1 EA $ -7,070.)7/EA $ 3,070.88 Concrete Vault _ 8.15-8 Remove and Replace 3 SY $ 149. 1.4/Sy S 1417. 34 Concrete Flume i SP-45 Asphalt Curb and Gutter 65 LF $ 3 o, i E /LF $ I,1 g.7.75 5.7-8 2" Typs, D Asphalt 30 Sy $ rN. •5! /SY $ y3 S. 30 Sidewalk SP-2 Concrete Saw Cut 1,107 LF $ 1. 7 /LF $ d 4Q• b'f 8.2-A Concrete Curb acrd G"ttnr 47 LF $ 20,10 ; LF S 9K4.70 5.8-A 6" Concreto PavuRrene 369 GY S N!. j1 /SY S /;',079,15• 8.3-A 4" Concrete Si9ew lk 47 Sy S 23-331SY S 1,096.51 5." A Py»e D Asphalt '1c':61 ! IU). Ton $ Ao,r5 /Ton $ 3tp Vbi.,6 4.5 6' Fly x PA49 118 SY $ 5. 35 /Sy $ 952•j0 Hyd,:n, r.h 1,404 SY $ 1.1 s /S7 $ /1.574, 4? SP 37 ~I Excs•/ation Protec ion 12,410 LF $ 0-o9 /LF 5 1 40l•7v SP-10 Rock Excavation 100 CY $ /11,6 S/LY S 1j1165'•0o SP-44 Miscsllannoas Sprinkler - LS $ 1, .1r99.n%/LS $ 1, Y98.0 S S"atem Adjustments 1.21 Contractors Warranties LS $ H/,6NILS $ trl, 65' and Understandings 3.1 Preparation of Right-of- LS $ I0, V1 /LS $ ill. 6,5- Way Barricades, Warning LS $ /robo.o61LS $ /,000.00 Signs, and Detours 7,3v4.65 3,12 Tomporary Erosion Control LS $ I1tYY4s/LS 4. SP-39 Project Signs 1 EA S :•1 P, 7 D/ EA ?OR-26 2.12.9-B 14" Gauge 7 Steel Casing 746 LF $ 1, 6,3/ $1o,0'v•3k P - 6 WORK DAYS 990 Bid Summary BID NO. 1493 a Jt i~~ Relocatj;on - ewe. PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTI. ','MIT UNIT PRICE TOTAL, 2.1:.9-C 20" Gauge 7 Steel Casing 100 LF S 33,E/LF S 3,3s0,00 WS-11 Sewer Services 5 EA S 171.41/EA $ KSB 2S 7.4.5 Class A Concrete 4 Cy $ 7r-16'tCY $ 312.4oy SP-3 Aolnforcing Steel 225 LR $ 0.2s /LB $ 34. 5 I SP 46 Remove concrete Meadwall 1 SA $ /yS.051EA S INS /S Materials and Labor Sy0g~5YZ1 Incorporated into Project other $1 J7, I I TOTAL - $SfS, i 1 i I P - 7 t , ical WORK DAYS See Bid gurRm,ry Teaaley Lama Utility Relocation - Elec B70 NO. 1493 BID TABULATION SHEET PO No, ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL E-1 7'x7'C0ncrete Manlwle 7 EA $7,637.45/EA SNI,21z~s E-2 Main Duct Bank 1,232 LF $ 39,9,S/LF SNP, byS.74 I E-3 6" Schedule 40 PVC 4,848 LF Conduit $ +7.03/LF $ Y2, s(./.Vy E-4 4" Schedule 40 PVC Conduit 4, 150 LF S 12. N9/LF $ SY, Pd3, 50 E-5 2" Schedule 40 PVC 2,249 LF $ 41 /LF $ 2L,24S.B3 E-6 Conduit 1" Schedule 40 PVC 2,390 LF i Conduit $ 43 LF / $ t7, 317.70 E-) 18" Gauge 7 Steel Caning 1,138 ' LF S J1.84/LF E-8 12" Gauge Steel Casing 645 LF $ 27.37/LF $ I7,6S1,6S 6.4-11 16" Bore 656 LF $ 9i.rs/LF ~o osc.Fo 3.10.7 Hydromulch 10C 0Y S /.12. /8Y $ !17.p0 SP-37 Excavation Protection 1,570 LF 5 0,33 /LF $ lfr,l0 i SD-10 Rock Excavation 100 Cy $ 1.00 /CY $ %=00,OU SP-44 Misc Sprinkler System - /339.gn/LS $/33y &0 Ad ustmenta IS $ 1.21 Contractors Warranties and Understanding LS $ !Il t tY l'0 5 65 3'1 Preparation of Righc of~ t4ay LS $ /11,61/LS $ 8.1 Barricades, Warning Signs and Detours LS $ ~i4 79,7t/LS 674• ,r 5.7-n Type D Asphalt Patch 87 TN material 5 3o.i3'1TN $ 7 b~ J.0t 3-A Remove Concrete Pavement 140 SY $ 4.47 /9Y $ b2 S`,g{> S-B-A b" Concrete Pavement 140 SY $ 'I/' VISY $ 5,7P3, N'0 SP-2 Concrete Saw Cut 770 LF S y, 19/LF S.b,12ir.30 Msterials Plus Labor - Inc rated into Pro act $a9Y~S21J3 Other $ It 7, 531.0 TOTAL ~-a BID SMM Y 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 materiais 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 i and final. k f I Unit and lump-sum prices as shown for each item listed in thin proposal shall control over extensions. I CO C'POR { 8 I ' Street Address I ~ty and St to Seal & Authorization (If a corporation) r Tel hone EI - 1 r BID SUMMARY Teasley Lane Utility Relocation Work Days Bid b 1) Water S 72.4 78J.7 2) Sewer W-5401'.6 1 3) Electrical JL/4 357 2,7S t Grand Total 65 LPb.Pll.ib IJ All portions of this project will be awarded to one contractor. Bid prices are being separated for internal bookkeeping purposes ' I only. This project (water, sewer, and electric) is to be substantially complete by August 1, 1993. After that date, only testing, tie-ins, and cleanup items are to remain. Due to the short time frame on this project, Saturday and Sunday work will be required. Sunday, July 4th and Monday, July 5th will not be counted as work days. Weather will be a consideration in counting days, however, the contractor must keep in close communication with the inspector so there is no confusions over what constitutes a bad weather day, The bore and casing under.' I-35 is first priority. The contractor may have crows working on other locations of the project but must have a crew an this bore first thing. I Completion of the Electrical duct system between r-35 and j Londonderry must be completed early in the project so that City of Denton Electrical Utilities can begin tie over of existing facilities as soon as possible. Construction shall be underway no later than May 17th, 1993. B - 2 Gertlftrste of Insurance - - - ,I111~ CERI IFICATE IT SUED A SA PATIER OH IN OH51A1IOH ONLI ANO CU Nr FI1S YO FIIGHT D nN YOL) THE CERTIFICATE HOLUEH. THIS CEWIFICATF 19 NOT AN INSURANCE POLICY AND DOF NDT APL ,O EXTEND OR ALIF R T8F C0jr:0AOF AEI OHDED HY THE POI ICIE LISTED 1I This Es_to_Ca+tl_lY that. Namsand LIBERTY INC. PATE BROTHERS CONSTRUCTION, 780 W, f4ANSFIELD i Address of MUT13AL: KENNEDALE, TX 76060 I Insured ! 1 Is 0 the date of this certificate, Insured by the Company udder the polRy(ies) listed below. The insuranco afforded by the iisteu policy(ies) Is sub)ect to ail their terms, excluebns end condKbns and Is not altered by any requirement, term or condAlon of any contract or other document wNh retpoct to which this_ ~f:ERTlF1CATfl E7tP. DAT~h TYPE OF POLICY - []L]CONT EXTENDED POUNI NUMBER UMIT OF LIABILITY POLICY TERM COVERAGE AFFORDED UNDER EMPLOYERS LIABILfTY _ Wr, LAW OF THE FCLLOWIN6 voilk- VA I- 3ikm Each STATES. $1,000,000 AedMrn WORKERS COMPENSATION Paaar 12/1/93 WC2-191-086451-022 TX $1,000,000 Urnit By Owa. iIIOw ,000 P~ Gsrlaretl Aealaea:e • OtMr NM TlrodeCle"Cdn1PNMd Dptrarlone ' GENERALUABIU7Y $2.0_00,000 I vrudummearrWowdCpwaaxuAgprapeb . [ICLAWMADE 1211193 YY2-191-086451-042 $1,000,000 Badilr Miury rid PMWV Dernaye LuwlNty Per Oawnarloa $1,000,000 PaeoRal and AdrMlWlp MMWy Par P11I (]OOCURRENCE $1,000,000 04IHY Othw: AUTON10911E LIABILCrY fedlAr. Cl4glaUrril • 1111 arm PD PDOmbir>.d ~ f $1,000,000 ~OIMlEp 12/1/93 A$2-191-086451-012 EwhPanon I o NON-OWNED Each ATddent w Ocanana EX] NMiE D i Each Ao"arlt a Ckoorance UMBRELLA 12/1/93 rTHI-191-086451-032 $2,000,000 Dodily Injury, Property Damage, Personal EXCESS ]n,)ur 6 Adve•tisiIny NIT ur; Ltahiiity LIABILITY $2,000,000 General Ay regate (Other than Products/ This insurance applies separately to each insured against 52, 0,000 rodu(,ts/Completed Operations wham ry claim is made or suit i brought. All insurance is Aggregate Limit SUBROGATIM IN FAVOR OF: The City of fptrimar~rdy totahnyresothecr insuransm6e available to the addlttonal Denton, Its Officials, Agents, Employees and 0.N? BiAR93-Teasiey LenelutlflLy Reloiatlanhe policy. - yotu tweadrs~f~u ray a~irk performed for the City by • IF THE CERI VICATE EXPIRATION DATE IS CONTINUOUS OR EXTENDS 10-TERM, YOU WILL BE NOTIFIED IF COVERAGE IS TERMINATED OR REDUCED BEFORE THE CERTIFICATE EXPIRATION DATE HOWEVER, YOU VALt NOT BE NOTtFSED ANNUALLY OF THE CONTINUATION OF CCVERAOE, !I OPWAL NOREDE • 0141111 ANY PERSON WHO, WTT11 INTENT TO DEFRAUD OR KNOWING TRAIT HE 19}~FACILITATING pA FEUUD AGAINST AN INSURER, SUBMITS AN APPLrCATIONORFILES ACLAIM CONTAININGAFALSE ORDECEIIVE STATEMENT M GUL y ADOFITIOI~iFSU N*tM OF CAN01111.LLAT9W: INOT APPLrABLE UNLESS A NUMBER OF DAYS Is The City of Denton, Its officials, LibedyMatwl ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT Agents, Employees and Volunteers, tlaormw Group CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER T14E ABOVE POLICIES UNik AT LEAST _ DAYS faOTICE OF SUCH CANCELLATION HAS BEEN IaA' ED TO: - 9EF1TATIw 1:111111111:106111 The City of Denton Hom" Purchasing Department 961-B Texas Street 5/10 93 mcI_ IryIn s Denton, Texas 76201--.--..._.__.._...- ThU LMIINU,0 h B,YEGVlE ~r LIBERTY MUTUAL H., 111ANL'E OHOUP BS !0^t GCIG ~Ufh f.1u1H tL0 0.9 VI PPO (I,w7 L'1 711050 CMFl d~'OS f9 TY211F *tt.»a r t~ i OO~~c, oGflCGL pppoy OpO~' + ro r °~O 0 O GGaa I i i I~ i 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); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performa 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 ~I The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency?s purpose is to offer opportunities for retired F 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 the assistance of a stations represen- tative, to design job descriptions for services needed. D. To recognize volunteers for their valuable service and to recognize s- portive staff in cooperating agencies. E. To recruit, place ar.d train volunteers. Agency shall also provide those services described in the "Work Statement" herein attached as Exnibit A. ZI. 4~LIGATIONS OF A NCY In consideration of the receipt of funds from the City, Agency agrees to the following terns and conditions: A. It will establish a separate bank account for deposit of the Se•ien Thousand Five Hundred and No/100 ($7,500.00) 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 redur.e to writing al?. of its rules, regulations, and policies and file a copy with the City's Community Development Office f along with any amendments, additions, or revisions whenever adopted. E. It will nut enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. i 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 and of the Agency0s 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 appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. f I. It will indemnity and hold harmless the city from any and all claims vnd 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 PAGE 2 Ifi audited financial statements. III. TIME OF P~RFO rtaNr+~ The servifol the cesow lfundedtime within ing ky the city shall be undertaken by the Agency Fra me: October. 1, 1993 through September 30, 1994. ff IV. METHOD OF PAYMFWm A. Payment by the City for services { made as follows; provided, that Agency. shall reeled hereunder will be ` letter addressers to: City of Denton, 105 West Hickory, Dentonn, Texas ij 76201, Attn: Community Development Coordinator: $1,875.00 on or after January 1, 1994 $1,875.00 on or after April 1, 1994 $1,875.00 on or after July 1, 1994 $1,875.00 on September 30, 1994 B. It is expressly understood and agreed that in no event under the terms of this Agreement will the total compensation to be paid hereunder exceed the maximum sum of sever Thousand Five Hundred and No/100 Dollars ($7,500.00) for all of the services rendered. C. The City shall not be obligated or liable under this Agreement to any party other than the Agency for payment of any monies or provision of any goods or services. i F'YALUATIP-N The Agency agrees to participate in an implementation and maintenance system whereby the services can be :ontinuously 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 reports or copies thereof: 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: I. Number of active senior volunteers. PACE 3 I d 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. VI. AIRECTORS' J9EETING5 { During the term of this Agreement, 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 E Agencylu governing body to the City within ten (10) working days of approval. VII. $US~TON OR T MUUMO. i 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: 1 j, A. Agency's improper, misuse, or inept use of funds. -1 B. Agency's failure to comply with the this agreement, y terms and conditions of C. Agencyfs 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 ox 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. i writing case as tofconditions o precedent to theshall resumption the unding,and specify a reasonable data for compliance. PAGE 4 yl E; In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (3.20) days of the effective date of this Agreement. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. s 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. 1 D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Agreement may be cancelled, t,rminated, or suspended in whole or in part, and the Agency may be { barred from further Agreements with the City. t IX. FFLICT OF INTEREST 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 Agreement. The Agency further covenants tsar in the performance of this Agreement, 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 Agreement shall (1) participate in any decision relating to the Agreement 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 Agreement or the proceeds thereof. PAGE 5 I 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 term "member of immediate family" inl"ludes: wife, husband, son, daughter, mother, father, hew,, nice, step-parent, step-child, sister, half-brother and half-sister. nephew, XI. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement sha'.l be deemed to have been delivered, whether actually received or not, when deposited in tha United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Agency or City, as the case may be, at the following addresses: CITY AGENCY City of Denton, Texas Director Volunteer Program Attn: City Manager 1400 Crescent D 215 enE.ton, TX X 76201 MT Denton, TX 76201 j Den Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties do hereby affix th, sidnarur a and enter into this Agreement as of the day of 1993. CITY OF DENTON, TEXAS / L4D. CI MANAGER ATTEST: JENNIFER WALTERS, CITI SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A.~DRAYOVITCH, CITY ATTORNEY BY: PAGE 6 I RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)~~ , DIRECTOR ATTEST: SY:eR„ ~Y ...~L BCR~P i 1 rAA000ss PAGE 7 I EXHIBIT A WORK STATEMENT RETIRED SENIOR VOLUNTEER PROGRAM (R.S.V.P) The Chisholm Trail Retired Senior Volunteer Program is a means of engaging older adults in community service. R.S.V.P. volunteers are placed in locally run m ~---profit or governmental programs that match their skills, interests and abilities. In addition R.S.V.P. provides support for its volunteers through mileage reimbu mment, automobile and liability insurance, and annual recognition events to honor volunteers for their service. IE l I ` l I i 1 it a ooo~~;co oc~ocooooo ~~~0 { N raop a ij o00oooooaQ N o~0000000 aCOG I i i i I CONTRACT AGREEMENT (J~ STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 5 day of JANUARY A. D. , 19 93 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRFJL thereunto duly authorized so to do, hereinafter termed "OWNER," and i ZU= 4M. X .O. BOX 1781, DENTON, TEXAS 76202 h 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 j complete performance of the work specified below: SID # 1440 - FIRE STATION #4 DRIVEWAY PLANS in the amount of $ 18,841.00 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 "co 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 Bands, all attached hereto, and in accordance with the plans, which includes CA - 1 all maps, and drawings written a planatoryuepmatter, tand hereof, other the specificatprinted ons therefore, as prepared by ENGINMRING STA" all of which are made a part hereof and collectively evidence and constitute the entire contract. IndeDend,ant ¢tst, 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 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 1 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 are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in cut nl, funds the price or prices shown in the Proposal., which forms i. dart of this contract, such payments to be subject to the General and special conditions of the Contract. CA - 2 4 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A ST: , CITY OF D N _ OWN Y (SEAL) i ATTEST: FI.Q. `YD SKXTH I~ CONTRACTOR o 9y E / Title (SEAL) APPROVED AS TO FORM: 4c,--L City Atto-r~ney i i CA - 3 ~I PERFORMANCE BOND STATE OF TEXAS § COUNTY OF _ nEb= § KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH , of the City of DENTON County of DEtrroN , and State of TEEAS as PRINCIPAL, and Universal Surety of America as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are ' held and firmly bo-.ind unto the THE CITY OF DENTON ` as OWNER, in the penal sum of EIGHTEEN THOUSAND BIGHT HUNDRED FORTY ONE ANll no/100-----------------•---- Dollars 18,841.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, 1 jointly and severally, by these presents: Ji WHEREAS, the Principal has entered into a certain written i contract with the OWNER, dated the 5 day of JARUAxY , II! 19 93 , for the construction of BID # 1440 - FIRE STATION 44 DRIVEWAY PLANS in the ataunt of $18,841.00. I ~ 1 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. 1 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; 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, 19591 and all liabilities on this bond shill 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 oEMM 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 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21 day of anuav , 19_g3_ . i Floyd Smith Unf,yernal 4urary of Amar1ra Principal Surety i By - 4~~JAP Title T,~it ~a orne In "4t i Address: P.O. Box 1781 Address: 950 Echo l, n s,l Sn Denton, Texas 76202 Houston, Texas 77024 I I (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey King & Minnia 101 S. Locust Suite 707, Denton. Tx. 7620 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN SY THESE PRESENTS: That FLOYD SMITH of the City of County DEN1nN of DENTON - 11 as principal, and and the State of TFJM authorized under the laws Of5the Sta eeOfe , Texas bonds for principals, are held and firmly to act as surety on T8$ CITY OF DENTOH y bound unto RIGHTEEM THORSAND EIGHT MMDRM FoRTy ONE AND W10E0 , in the penal sum of for the Dollars 18,841.00 payment whereof, the said Princi themselves and their heirs Paland Surety bind and assi , administrators, executors, successors gas, jointly and severally, by these presents: WHEREAS, the Principal has entered contract with the Owner, into a certain written dated the S J 195, day of APIIARY BID # 1440 FIRE STATION 04 DJUYMAY PLANS to which contract is hereby referred to and made a fully and to the same extent as part hereof as it copied at length herein. i NOW, THEREFORE THE CONDITION OF that if the said principal shall THIS OBLIGATION T3 SUCH, and material to him or a suboontractallcl claimants supplying work provided for in PPlying labor void, otherwise to remain innfulltforcenain the of the ndieffectgationoshall be PROVIDED, HOWEVER, that this bond is executed T the exas rovi io n O Article 5160 of the Revised Civil pursuant session, 1959 by the ants of the 56th Le of and all liabilities on this bond shall be determined cor extent asd inc itwwere copied at length of hersai ein,Article to the same PS - 3 chan Surety, for value received, stipulates and agrees that no 9a, extension of time, alteration or addition to the terms of the contract, or to the work specifications or Performed thereunder affect its obliga drawl this accompanying dhdoes e same ~ or the plans, of any such change ' shall in any way on on the terms of the, cextension of time hereby waive notice ontract, or to alteration or addition to thereunder, the work to be performed IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21 19 9~., day of January Flo d Smith Principal Univ-- e`al Sur of ~e } Surety By Title Ti e ~ Address; Address: 95---0._Lan ,ir.. fan P,0, Box 1781 Houston Texas 77024 Denton Texas 7fi202 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ume+6 Minnis 101 S. Locust Suite 707 llenton Tx. 7620I PB - 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That YDSKITH FLO as Principal, and U versal Suret of Am--4 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 i of Texas, its successors and assigns, at Denton Dent n &ounty Texas, the sum of ONE THOUSAND EIGHT HUNDRED EIGHTY Mb[ AND Rho , Dollars 0-1,611,1o _ the contract for the payment ten (l0t) percent of tt►e total amount of and principal and do hereby bind themse2 esthof which sum eir s ccessors said and severally jointly f This obligation is conditioned, however, that: !I WHEREAS, said FroxD sruumx has this day entered into a written contract with the said y of Denton to build and construct RTn / 1ddQ FT PLANS f4 DRIVBFIAY E i which contract and the plans and specifications therein mentioned, adopted by the City of Denton, rre 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 not 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 contraoed 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 1 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 sa.d Contractor and surety shall be subject to the damages in said contract for each day's failure on tho 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 breac'ies of the conditions herein provided until the full amount of this bond shall i have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout paid 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 Smith as Contractor and Principal, has caused these presents to be executed by llnivpraal Sur Sty of America and the said Universal Surety of America as surety, has caused these presents to be executed by its fj Attorney-in-Fact Jeff P. King and the said Attorney-in-Fact has hereunto set his hand tnis 21 day of January , 19 93 _ SURETY: PRINCIPAL: ,i Universe Sure Ame Ica Floyd Smith BY: i Attorney-in-Fact MB - 2 UNIVERSAL SURETY OF AMERICA 950 Echo Lane, Suite 250, Houston, Texas 77024 Bond Na.699-1110 Pot verification of the audwrily of this power you cot Y Y telephones (713) 722-4660, GENERAL POWER OF ATTORNEY - CBRTngED COPY KnowA.l Men by These Presents, That UN1VMUAL SURETY Op AMMCA, a mporathon duly organized and existing under the laws of the State of Texas, and laving its principal office in HMO^ Texas. dome by these presents make, r,mtihde and appoint Jeff P. King f its true and lawful AttormY(s)`in-Fact• wish 1611 power and sudwrttY hereby. confined in its tame Plea and seemed, to execute, acknowledge and i deliver bands for: Principal _ OSmith ~Km bligee 0(p et t~ l m ' Contractor Amowd lfl aA1 m and to bind the Company thereby as fully and to the Lyra extend Y If such bonds were signed by the president sealed with the corporate seal of the Company and duly attested by its Seuttay, hereby ndfying and ooofitmbng all that the said Attorm s mAy do within stated limitations. Said appointment it made under and by auMnxilY of the follow resolution lan adopted by the Board! of t Of Director of Director of the shove SQWY of America at a meetlnil held an the I lth day of luly, 1994. Urdvena! "Be It Resolved, that the Presided, any Vks President, Secretary and authority to appoint any ate or manta suitable persom as AttorneY(L)-i f any Fact Assistant to repres pras re Secretary end and p aryd for almall or be and is lathy vented with t11u power and on behalf of the Compamny." "RESOLVED the the siratum at any officer the ocrporaeion, and the "a] of the corporation may be affixed or printed by facsimile to any power of anorm of the b and such pdrded famimlle sl ~ laraaa+re and coal shall be wild and boding upon the coaparatitaa." In Maness Whneef, Universe) Swnty of Amearka ha swat them ptamis to be dgoad by Its President, Join Knox, Jr. and he corporate sal to be herelo sff&W this 1fth day of Ocaher . AM,, 10 Of . UNIVERSAL SURETY OF AM CA Stara of Texas„ Byl Preameal County of Harris on this 1 ~ kswrw o(--Qj0w -aIn Use feat 9t1 r belbre me Wendy W. Snotty a notary pubic, ~eoadh aDP~sd to we to John Knox, pas woe whe exa tud ate within W&uaat as flow UmMe warmed and a dumwiadgad b taw fiat fhe mrpontlaa emoted It Praeide°t ors bailtal/ of his osrpon- ,r .a . ~ Nopary Pwbhk 1, the undersigned Sarntey of Universal Surely of Amvdm hash des OdsiW Power of Attorney Issued by mW Y certify that the above and forgoing it a full. s true and corma copy of Canpany, and do hereby lladast certify Mat the Laid Power of Attamay Is still l in fates and and a effect. aI VBN under my had and the meal of said Company, at Houston. Texas, this 21 day of` Januerv , 1993 , -T Secretary r TOTAL PAGE,002 Nuk CITY OF DENTON INSURANCE REQUDUEA I'S FOR CONTRACTORS Bidders attention is directed to the insurance requ It t is highly recommended that bidders confer w ith their irements respective nsurance carriers or brokers to determine submission the availability of insurance in advance of Bid endorsements as prescribed and provided u race °ertifiaates and bidder fails to comply strictly with the insurance r apparent f an low RAY bid award qualified from award of the oanteiact'.eppon r all insuradisnce requirements shall become obligations which the successful contractual bidder shall maintain throughout the course of this contract, have a duty to ~~3D PROV~iYs without limiting any of the other obligations or liabilities of the contractor, the Contractor shall provide and maintain work has been completed and accepted until the Denton, owner, the minimum insurance a by the City of hereinafter, coverage as indicated ~ As soon as practicabln after shall file with the Purchasing Department satisfactory i ~ of insurance, containing the bid number ~ Contractor Contractor may, upon written re and title of the project. ask for clarification of quest to the Purchasing Department however, Contractors are st=onniurance requirements at apartment, any time prior to bid opening, g Y advised to make such Modified or wa since the insurance requirements requests been submitted withfthe bid opening unless a may not be the bid. written exception has work or deliver anY Contractor shall that the material until he or ■he receivnot es notificat on contract has been accepted, approved, and signed by City of Denton. the All insurance policies proposed or obtained these requirements shall in satisfaction general specifications and shall be °mply with the following of mai general specifications throughoutnthenduration moflthe Contract, or longer, if so with these noted: o Each policy shall be issued by business in the State of Texs w th pan y M. Beate Cto do rating of at least iAP Bast Company o Any deductibles or self-insured retentions shall be declared in the bid ro osal. If requested insurer shall reduce or eliminate such ch b self-insured deductiblestts officials retentions with respect to the City, ' agents, employees and volunteers or, its or, the CI - 1 (x) t General Liability insurance less than with combined single limits of not $500,000 shall be contractor. policy shallprovided be d written maintained by the basis either in a single o olic n an occurrence underlying and umbrella or exolicY or in a polici combination of es, If the Commercial General Liability form (ISO current edition) is used; CG oval 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 Current Edition and ISO Form GL 0404, Form GL 0002 ' include at least: ) is used it shall i o Bodily injury and p I! premises roperty Damage Liability for operations, products and completed 1 independent contractors and plated operations, rot from explosion, collapse or unde rground damage resulting ~ o Broad (XCU) exposures, form contractual liability endorsement) covering this contract preferably by liability and broad farm propert ' personal injury y damage liability. [X) automobile Liab~i{~v IasLT....,_f t - Comprehensive or Business Automobile Liabilft be provided by the Contractor with lim its y insurance shall $500,000 per occurrence either in a of not less than combination of underlying and single polic e policy will include umbrella or y or in a Thabilit bodil excess policies. inj auto y arising out of operation maury property damage including owned, non-owned o and hiredntenance or use of any employee non-ownership use, automohi Edition} {ISO Form CA 0001 Current [X) ! Compeasa + Contractor shall purchase and maintain Workerfs Compensation which, in addition to requirements for meeting the minimum statutory Liabilft issuance of such insurance, has Employerf Liability limits of at least $100,000 for each accident, p each employee, and a $500,oo0 policy limit for CI - i 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 1 I k CI - 4 ; i M 18911E DATES (µA ~1l.lFlt{II~k3~ MAIM! : HADpippl ur u 1 _11,.V, ORMATI®' IAfik7ts10111~, n, Irv C FE Pd a, R,nu fit tn+ W I N Al1ENbzE~fTEND OR ALTER THE IOOHOL a~ \ ct DER. THIS CERTIfRCATE IIa A *"4, •1 D AGE AFFORDED SY T14E 101 S. Lo"M BuSnvLSS POWOMi sE ly urr„_,.. AF............ Dent 707 nce l,vgr Denton TX 7620f• COMPANIES FORDING COVERAGE aoe a etrooE ~ 4 7rkllty 00 NSLAW LETErTERANY 6 Floyd Smkh Cwwv t Contr CcwANr Floyd Gkxm Smith LET" C F 0 Sox f76f Denton TX 702mt• LETTER D COMPANY LETTER THIS 13 TO CERTIFY THAT THE POUCI£$ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 THE TERMS, E EXCLUSIONS AND CONDITIONS DF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN PFDUCED BY PAID CLAIMS. W TYI~ OF N9URAlICE pplICy FAIA9m POLICY EFFOCTNE POLICY MP/UTgN LIMITS ILW: DATE (MrwOmWDA-Y) 1 DATE (MAWD/FY) GovuL LNMLRY GLA7474910 DWI/92 M1193 GENERAL AaOAEN.iT 7 A COA,M4ACVl. GFIEFLK LL1e1Lm loom PRODUCTS00MPIOP AGO I CEAYA9 AaADE X :OCCUR. PENSONAL a AD1. RA" :i 6oo000 DRYERS a CONFRACTORS WqT. EACH OCCURRENCE 500000 FFEE DAMAGE (My ay T,q :f 60000 av pw~pn) AUTOMOIRE l1FELITY i ANY AUTO t O M All OYMED AUTOS LIMIT D SNOLE "DI LED AUTOS (oOtY N/AJRY i (PSr pmm) HIRED AUTOS BODILY wiry NdNOYtEp AUTOS : : (MI AccidMO 'f GMMOE LLAeam PROPERTY DAMAGE f%G'ESIUMBRELLA f ~ ORA EACH OCCURRENCE i AOOREOATE 'S OTHER THAN UM6AIELIA FORM WORKER'S OOMMSAM* STATUTORY LNITS i.. A AND WC9273M O olm owl/" . EACH ACCIDENT...__ ..l..... o6060 EMPLOY ' LAKriY OSEASE • POLICY LIMIT .ls . .600000... 0T11ER OSEASE . EACH EMPLOYEE If 100000 I I t DESCRIPTION DF OF0ATftiK0CATgk&%jN L &VECNL REM9 Wt1wr of SubWtlon: City of Denton Addltbnd k+w W; City of Denton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Denton CMy of EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 001 Texts MAIL _3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO ME Denton TX 76201• LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALT. IMPOSE NO OBLIGATION on LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. h I.I I.I.H 111111[. IIE~t' all NOR l l l %I N V IZED REPF"MTAT" Ml,II.II II IIH~1 \T`A T I R 1\K III Exi. IRb~iN TIV \ig1176 I; I u01 111 f,{)r 4 r IT X,+.111 11h, p; Minnie Inwrnloe t11 n.Y /1 / . ACClAt1 ~>lE", ~ ~ Alt?'fAt'l2I~!1T•TA9} „ ml1CAi4ii' `~r/ :TYlfts 1 ALLSTATE WAYNE HOLT TEL:817-566-5942 Jan 26 93 13:59 No .002 P,02 CERTIFICATE OF INSURANCE ALLSTATE INSURANCE COMPANY ❑ ALLSTATE INDEMNITY COMPANY ❑ ALLSTATETEXASLLOYD'S THIS CERT1FiCATE IS ISSUED AS A MArII OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTWI CATEDOESNOTAMEND,EXTEWORALTERTHECOVECIAFFOP BYTHEPOLM1P8BELOW. C`RTIFICATBNOLDEII Neff of of Part o NANLDR WRED 1o fAlsCartlfkaUlibwe0 N and of City of D"ton Its Officials, Agents W - ra~alnaured_ - B"ployees and Volunteers as additional Floyd Saith insureds P O Ho: 1781 Denton, Ts. 76201-1781 This is to oeriffy Nlaf poikNa o/ Inswance listed bNOw have been issued to iha Ineu. named above nol Guy wMhelendk4 any re4Wrament, term or condlllon of any 00111I of otho deb 1 wftrh rei I~ to the exphallon dale be issued below, Pertain, The inwranoe afforded by the poiI dwribed har•In I• iubJW to all the terms, urolualon@ arf0 which this W ~Itlma of auoh polloleg, IeGed or may TYf I OF INWRANCE AND UMRS f0M11INDIAL GENERAL UABIUTY Polloy £Nectlve Number ONe Expinlbn Lwa" au _ G ERAL REULIT! IApr olhi mien Pmdwt1 OomolNed oo.ralon.l Ydf OOMPLETEDOPEAATN?NaAOGREGAT£LIMIT AN Ogg _ _ I WORKERB'C01y~1{{AMIT ANYONE PERSON II EMt4AYEW LIABILITY Nlxnber Effective ExpRalbn Date Data I{ea onl • In the I I I 60otLY 1f1JURY BYACCIDENT Na N CH A0 I EMM,OYERS' L"tLrrY 00 INJURY BY pl... jE F EA t ACCfOENT BODILY INJURY I- 01SEASE EAC•t EMPLOYEE AiRDY04ULIA ILITY Ply POLICYUMIr Number 49-603074 DEffecti ata w 06-11-92 Daplralloo Data Oate 06-11-93 ■1NYAUTO 0CeY11E0AUTDS aNKMDAUi08 YINJIIi1Yi U of 'T- /lfEC1fIEDAUTly3 ■NOK-0MrfEDAUTO$ 111DA DQQ-; 1u~ONACAfpENT UOR'NEDMNYATffASiEkwAUTOS 4 - - _ _ C7DNhtEb AUTOS IITHE1l TKAlf f Ar^TE RISSENDEfl y YMBRELLALAWL" Policy CCI NT Number Oa ee lM Expintbn OCOtNIRENOE U D•N GENERAL AGGREGATE PRODl1CT8 - OOMPLET£D OPERATIONS AROAEOATE Pofloy rya 01 "010"' Number f Dots five Eaplraliort Daw 011"iPTION OFCPERATIONWLOCATION&VEHICLESME$tFOOT10NSISPECIAL ITEMS CANOELLATION Number of clayrwtbe 30 01-25-93 - 8houldanyoftMabove d6Wlbsdpo1b11ebeWcell•dtslors theexplr flondate, thelewlnc~ompp Ywillandea oaf entered avow, writtennollato ay theoertlllcaleholdernam*dabove,auIfailuretomallsuchnotlc•shall vor impwe to noaW mall wltwithln wI the number at Most upon the oomi; Y' Its agents or tweeentallvee. ki ofany U111•rif JAN 25 193 14:04 817 566 5942 PAGE,002 I BID SUMMARY TOTAL SID PRICE IN WORDS fort -one and no 100-----_- In the event of the award of a contract to the undersigned undersigned will furnish a the full amount of the Zontract°r to saurepar d a the }I the terms and provisions ce bond oper compliance with Of the cont, to in the work until final compl et on and raccep ance sure and guarantee payment for all lawful claims for labor furnished in the fulfillment of the contract, r and to guarantee performed and materials 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. I Unit and lump-sum prices as shown for each propose:, shall control over extensions. item listed in this CONTRACTOR t , P.0 Box 178 Street Address aA__ s 76202 City and State Seal i Authorization (If a Corporation) 817 565-0114 Telephone $ - I WORK DAYS 10 BID NO. 1440 FS,je Station 14 Driveway and -Turn Around PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Remove Concrete Curb and 67 LF $ 3.00/LF $ 201.00 Gutter 3-C Remove Concrete Drive and 332 SY $ 4.5&'SY $ 11494.00 Sidewalk 3.3 Unclassified Excavation 135 CY S 4.50/CY $ 607,50 3.7 Compacted Fill 55 CY $ 1.00/CY S 55,00 8.3-9 6" Reinforced Concrete 605 SY $ 22 00/sY $13,310.00 Driveway 8.3-A 4" Concrete Sidewalk 4 SY S 22 00/sy $ 88.00 sP-2 Concrete Saw Cut 45 LF $ 3.00/LF $ 135.0 j 8.1 Barricades, Warning Signs - LS $ 200.00/LS $ 200.00 I and Detours - 1.71 Contractors Warraities LS S /LS $ and Understandings 475.50 475.501 3.1 Site Preparation - LS S 50.00/LS $ 50.00 f , 4.6-8 6" Lime Subgrade 650 SY $ 2.50/Sy $ 11625.00 4.6-A Type A Hydrated Lima 6 TON $ 75.00/TN $ 600.00 Slurry f Materials incorporated into project plus labor S Other $ TOTAL 518,841.00 P - 3 . t' r O~~OOQGG oOaCQQCppCOOO~~ a r Qo ; ° ~o Q y Oaa C O ~ ~ ~ oa ~o~~~~°~aa~N aaa~~~o~oo I I i i - ~ CONTRACT AGREEMENT n "fr STATE OF TEXAS § COUNTY OF TEXAS § THIS AGREEMENT, made and entered into this 5 day of jymnnv~ A.D., 19_9,}by and between CITY OF DENTAN of the County of DENTON and State of Texas, acting i through warn y_ HMZRETJthereunto duly authorized so to do, hereinafter termed "OWNER," and thereunto duly authorized so to do, hereinafter termed "OWNER," and S MUJ - INC. 1301 LAWSON ROAD, FP WORTH, TX 76131 it I f 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 agreements hereinafter mentioned, to be made aad 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: HID # 1521 - INC RENOVATION in the amount of $ 2,347,000,00 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 II Al'1 maps, plats, blueprints, and other drawings and printed or " written explanatory ma,L;ter thereof, and the specifications therefore, as prepared by COR N GS TA .G ARC'H7TFCrS 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 I compensation, or any other City employee benefit. City shall not E 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. Indemnifycation Contractor shall and does hereby agree to indemnify and hold I 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 neglicent act of Contractor, its officers, agents, emp,,;ees, invitees, and other persons for whom it is legally lia~le, 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 La and Venue This agreement shall be governed by the law of the State of Tex--s ani venue for its construction and enforcement shall lie in tha court; of Denton County, Texas. %ch: 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 s 1 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF D8 OWNER J-44.1 141 B G , (SEAL) ATTEST: ~ r STEHL& i N . Laura Dryden CONT CBY Ti le n Pre derma (SEAL) ~ APPRQIt&{3--AS'-~RM: City Attorney I { i r MA0184D CA - 3 t i I` PERFORMANCE BOND STATE OF TEXAS § COUNTY OFTDENTON § KNOW ALL MEN BY THESE PRESENTS: That sTKKLE-FRE2"j INC. , of the City of rr woRTH County of TARRANT , and State of _ TEXAS as PRINCIPAL, and WEST AMERICAN INSURANCE COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bends for principals, are held and firmly kound unto the THE CITY OF DrNTow as OWNER, in the penal sum of _Twot4 uiuN THREE nuNDRED FORTY sEm =aAn AND N0/100----------------- Dollars 2,347,000.00 ) 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 _ 5 day of OCTOBER , 19„21, for the construction of _ BID N 1521 - RENOVATION OF DKC in the amount of _$2,347,000_.00 I r 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 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 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall he determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 y 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 the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed h and sealed this instrument this 5TH day of orT08Fa , 29 93 , STEELE-F EM N, It WEST AMERICAN INSURANCE QMPANY r' c' al Sur By e - ve Title Title WIGHT C. COX, ATTORNEY IN FACT President I Address: 1301 Lamson Road Address: 275 W. CAMPBELL ROAD, SUITE 501 Fort Worth, Texas 76131 RICHARDSON, TEXAS 75080 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: DWIGHT C. WILCOX 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB '1 CERTIFIED COPY OF POWER OF A'170RNgy WEn AMERICAN INSURANCE COMPANY AAMMSTRATrye OFFICE, HILTON, 0kno oln No. 605 An All en hn 'ZII eae freaents: ~ i Of authority granted by 1 That "N"EST AMERICAN INSURANCE CCMp,gNY, rticle Vl, section 1 of the BY-haws of said Company, does hereby nominate, constitute andpappoinr Dwight C. 14ilcox - - - - _ _ _ _ _ its true and lawful agent and attorney _ - - - 'ri Dallas, Texas - itsactanddeed Any and all bonds,in4acc to make. aundertaknd on us as surety, and as however, any bonds or undertakings guaranteein 9 excluding, interest thereon. - - - - - - - - - - _ _ - g of or payment- - - loans, notes - the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - And the execution of such bonds or undertakings ^in pursuance of these presents, shall be as binding upon said Company, as fully and ampply, to all intents and p, irposes, as if they had been duly executed and acknowledged by the regularly elected offices of the Company at its Office in I-i.unilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named aao'ney(s)-in•ract. In WITNESS WHEREOF, the undersigned ofHrer of the said West A 1 Insurance Company has hereunto subscribed his name 31Ant affixed the Corporate Seal of the ^'+13 fs23 e said West American Insurance Company this merican • _ y u 0r_tr,ber 19 90. srArt of oHlo, ry e COUNTY OF BUTLER SS. V'cr P reddrnl On this 31 st day of October A fore the subscriber, a Notary Public of the State of Ohio, in and for the County of Butter, duly commissioned Ind9qualified, came John Vail, Vice flresidrnt of WEST AMERICAN INSURANCE COMPANY, to me personally known to 90 be be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution I of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and 1 that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his Corporation. signature as officer were duly affixed and subscribed as the said instrument by the authority and direction of the said ~~!!!!luii Sea! at the City STIMmli Y WHEREOF, o atve hereunto set in hand and affixed my Official otar• ' and yea lest above written ry m~ c in rut of But a Sr too Ohio My Commission expires 'I-,,,Qe, e- fil- berms t This power ofxt[orne is - from which read. Y granted under and by authority y Article VI, Section I of the B Laws of the C mp y9~1 om an ex tracts ARTICLE V1 SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board the P.,esidene, any Vice President, a Secretary, or any Assistanr Secretary shall be and is hereby vested with full power and autAority to appoint an one or more suitable persons as a resident Vice President or a resident Assistant Secretary, of signing the name of the corporation as surer or y deliver any and all bonds pn , recognizances, stipulations, undenakings or other mstrutmenPs of the t suco porate seat, c owls g an execu ides of insurance to be given in favor of an individual, frm,acorporaton,oor thstru entse wet -3hip or a rantee,dgou at or state, or any official board or boards of any county or state, (it the United States division. Y t- al America, or rt any other po ts• ny c n Company on April 24, 1980. This instrument is signed and sealed by facsimile is authorized by the Following Resolution adopted by the directors of the Attorneys fact, That the e ys yy signatur of theoSecretary or anyhAssi tanta Secretaryrscertifying VI. Section 1, of of attorney and the seal of the Company ma y y appoint urre tness of the co y of as y be rebed b facsimile h an ~ power any of ar gine or copy thereof i 1, t on alid of the Company. Such signatures and seal are hereb adopted by the C}om any as original signatures and seal, d be vppoowe and binding upon the Company with the same force and effect as though manually affixed. 1, the undersigned Assistant .Secretsrby if West AmericRnlln Insurance Company, do hereby certify that the foregoing power nd• tthe correc copiesscand`are incfull force and effect la- onsthis date Company and the shove Resolution of its Board of Directors are true IN WITNF.S3 WHEREOF, I live hereunto set my hand and the seal of she Company this T JAY of O (A q p 19 ua~e, 132 Stir//Il IIIll,at° "l. 54235 p W AM 8-90 rF,ngle Cnnvl Assinanl Seaelmy PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That sTEax-FREExm INC of the City of Z WORTH County of TARRANT and the State of rvxnG as principal, and WEST AMERICAN INSURANCE COMPANY } authorized under the laws of the State of Texas to act as surety on 1 bonds for principals, are held and firmly bound unto THE CITY OF DENTON OWN the penal sum of TWO 14TLLION THREE HmRED FORTY SEVEN THOUSAND AND Dollars 2.347.000.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presE;ts: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of OCTOBER 19 93 I i BID 9 1521 - DMC RENOVATION in the amount $2,347,000.00 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. 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 f void, otherwise to remain in full force and effect; PROVIDED, I(OWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Re,rised Civil Statutes of Texas as amended by the acts of the -,,end Legislature, Regular Session, 1991, 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 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPIjN`Y ADMDY6TAATIVE OFFICE, HAMILTON, OHIO ~n0~ 111 Men bn T4ese Presento: That WFsT AMERICAN INSURANCE C of authority granted by Article VI, Section I of the ByLaws of s=lid Con ya .Ohonsttitut in pursuance r ny, Jues hereby nominate, constitute and appoint: Dwight C. Wilcox - - - _ _ _ _ _ _ its true and lawful agent and attorne - of Dallas y --fact, to make, execute, Seal nd 7eXdS - for and on its belialf suty, its act and deed Any and all bonds,rrecogniz-ances, stipualationCs or undertakingsasexceluding, however, any-boildS or undertakings guaranteeing payment of-loans, notes or the interest thereon. - _ And the execution of such bonds or undertakings in pursuance of these presents, shall he as yy as fully and amply, to all intents and purposes, as if they UJ been duly executed and acknowledged by rhr regui n arly^ elected officers of the Company at its office ;n Hamilton, Ohio, :n their own proper persons. binding upon said Compa , The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. }e tip In WITNESS WHEREOF, the undersigned officer of the said West Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the »!31077 eke said West An,,.,;,an Insurance Company this American ,r 31st day of October 19 90. I..i~ COUNTY F SS. _ U BUTLER Vice President I ~ On this 31st day or I ! the subscriber, a Notary Public of the Stale of Ohio, in and for the County dCB2 duly cammiss;onedLindy90 qualified, before John 8. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY to me personally known to be the came individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and with, that he is the officer of the Company aforesaid, and of sa theure sasl offfcerd werehedu,ycaf xedtn71dmsubscribcd our heasaid alts <rumenrCbyapthe authuruy sail dire~csion oFi1 and his Corporation. the said u~r c, IN 'TESTIMONY WHEREOF, 1 have hereunto set m hand and affixed my Official ' a I if the City of Hamilton. State of Oho. I written 2~~ ~~.Year lest abova y nub is in kil) nt utter, State o Oh;o This power of attonsc is MY -ornmission espires _„,..Do ember 25 r 1991 , from which read: Y granted under and by authority of Article VI, Section t of the By- Laws of the Company, extracts ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFI CERS, fhe Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secrtt shall any suale persons as a resident Vice President or a resident Assistant Secretary , or to appoinr attorneys in (act for the uY and is hereby vested with full power and authority to appoint an one or more ofisibgning the name of the rorparation as surety or d delitver any and all bonds, recogmzances, stipulations, undertakings or other instruments of suretyship or uaranree, anppdurpole icies of insurance to be Cen in favor of an individual, fi m,acorporaton,oor thetofficialc eprthe esentaativerthereoa'other, gorca any cou county division. or state, or any official board or boards of any county or state, or the United States of America, or to any political sub• Company on April 24, 1980. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the RESOLVED, That the signature of any officer of the Company authorized by Arrirle VI, Section 7, of the Bylaws a appoint utorneys in fart, the signature of the Secrenrp or any Assistant Secretary cenlfymg to the correctness of any copy of a owns of attorney and the xal of the Compmy may be affixed by faaimile to soy of the Company. Such s or copy th attorneq ignatures ereof issued and seal ued and bindin u p Y ppower of be half are on hereb adopted by the Com any as p g pen the Cum an with the same force and effect as thoug♦i manually affixed. origina l signatures and se to be valid CERTiFIC-~- f, the undersigned Assisant Secretary of West American insurance Company, do hereby certify y that the foregoing attorney, Article VI Section i of the bylaws of the Company and the above kes here of its Board of Directors are mar and correct copies and are in full force and effect on this date. 1 power IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this S4L day of 0 A,D. 19 O~'^ue4 ~•'p10 / ..131973 7 des ~MYY,.N S 1295 D WAM 5„(Y) iSiortlta Convl Assistant Secretary 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 an 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 5TH day of OCTOBER STEELE-F MAC, VQ. WEST AMERICAN INSURANCE COMPANY Pr77P- D;v- Sure ty Be Fr Title le Title ATTORNEY JN FACT President Address: 1301 Lawson Road Address: 275 W. CAMPBELL ROAD, SUITE 501 Fort Worth, 'texas 76131 RICHARDSON, TEXAS 75080 I i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: DWIGHT C. WILCOX 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 AAA01840 PB - 4 l6, CERTIFIED COPY OF POWER OF A'ITORNEJ WEST AMERICAN INSURANCE COMPANY ADMITl1MATIVB OFFICE, HAMILTON, OHIO No. 605 ~§nofu (All ten bu Tfleoe freeenls: That WEST A_ MERICAN INSURANCL: CONIVAN1, in pursuance of authority granted by Article VI, Scction I of the Bylaws of said Company, does hereby nowmate, constitute and appoint: Dwight C. W i l c o x - - - - - - - - - - - - - - - - - - - of Da 11 a s , Texas - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act anddaed Any and all bonds, recognizances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - And the execution of such bonds or undertakings in Pursuance of these presents, ;hall be as - - - as fully and amply, to all intents and purposes, as if they h.d been duly executed and acknowledged bysatheCompany, elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. regularly The authority granted hereunder supersedes any previous autharay heretofore granted the above named attorneys}in'fact. wJ?!`oN.4~r In WITNESS WHEREOF, the undersigned officer of the said West American ~~~o* A~~ ^ insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the yl3 x'23 sl' said West American Insurance Company this 31 St day of October 19 90, STATE OF OHIO, COUNTY OF BUTLER S5. Vice President On this 31 St day of the sssbscriber, a Notary Public of the State of Ohio, m and for the County of Butler, duly commissioned Dand9qualified, cbefore ame John B. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of tha same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and stihat the sAsJ officerd werecia ffixednAndmsubscribed Seal of said Corporation, instrument authority sa d Cdre direction of the dsaihis d IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official k!i Seal at the City of Hamilton, State of Ohio, t and year irst above written ~~ry'~,r..;' \1y > b d No tar Pu . ic' in rat o f Butler, State o Ohio . tia C:ommiss e e This power of utorne is Y granted under and by authority of Article VI, Section ioofe th'eeByd.aws of ttherCom 1 1 g9I . from which read: party, extracts ARTICLE VI SID Secretary, or0an)- Asueannt Secretary sshhallRbe a dVs he eby vERS. ested The Chairman powers and authorlityPtostappoint any inyicarerordmore suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys to fact for the urpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, rtcognizances, scipuiarians, undertakings or other instruments of suretyship or guarantee, and poi-suranc orena e, or anyeoffic al board for f boards fofnanydcounty otrnstate, orr tthenUnited States official representative division. orr to Anyf other poJiiscal sub. county This instrument is signed and sealed by facsimile as authorized by the following Aesolution adopted by the directors of the Company on April 24, 19% Attorneys RESOLVED, That the signature of any officer of the Compan5yye authorized by Article VI, Section 1, of the Byi.aws to appoint of attorney fact, Company may beraffany ixedAbsyysis~acsimilertoznyepowergoj at the ocorrectness ower of the Company. Such signatures and seal are hereby adoptd by the Company as original signatures and seal, to be valid , j. ad binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section I of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. 1 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this -S-kdav of O CST, A.D, 19 u ' a 1023 vile 2lhiltiii!r 5- r129'iD~W. AM. H-90 iSingla Conv1 Arriston, Secretary 01 ii n b Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE 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: lx) A. General Liability Insurance: General Liability Insurance with combined single limits of not less than _ 2,nnn_nnnshall 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: • Coverage A shall Include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverages, • Coverage b shall include personal Injury, • Coveraga 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: • 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. r Broad form contractual liability (preferably by endorsement) I covering this contract, personal injury liability and broad form f property damage liability, AMODOA 'V73PO 06/0M Insurance Requirements Page 4 M Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than Manon policy or in a combination of basic and umbrella or excess Policies. The policy will include bodily injury and property damage liability arising out of the oparation, maintenance and use of all automobiles and mobile equipment used i in conjunction with this contract, i Satisfaction of the above requirement shall be in the form of a olic endorsement for: P y • any auto, or • all owned, hired and non-owned autos, r IsJ Workers Compensation insurance f 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. I 1 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 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. F AFFUU65A ,REVISED 08102193 1. It ;9 i r. ~ t. I Insurance Requirements Page 5 11 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. f) 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, f I Builders' Risk Insurance Bu,';ders' Risk Insurance, on an All-Risk form for 900% 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. [ 1 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 described in the "Specific Conditions" of the contract spscifications. r AFF005BA REVISED 01101M 1 0. 1 8. 93 1 2; 4 1 PM P 0 2 INSURANCE 1 Burk Luebbehusen Ray i Co. 1 ND Rl&n 1>ooN THE IFICiTE IrtOFII.. THI5 CYRTIFICA D7FS MDT WDD, 1 I EITEND OR ALTER TIE CON mw WAD By THE POLICIES BELOW. 1309 Nest 7th Suite •300 1 Fort ltarth, ~X 7E102- 1 COMPAKIES AFFORDING COVERAGE I I MM17-336-3362 ~I I y I CCIPANY LETTER A RLI Insurance Co. I 1 Steels-Fretsan, Inc. I COPW LETTER 8 TX Workers COOP Ins Faeility I j I Mine Tucker I CDPANY 1 {{N C Nasitord Insurance Co. ..1 I 1 1A Larson Road [Fort Worth, TX ! 1 75!31 CW0 LETTER D I 1 I COMN~N' LETTER is ~ H TO S TO CERTIFY 741sT POLICIES OF III LISTED 11111111 HAVE II0 ISSIED To THE INKIAED WM ALONE FDA 11E AALICY I I PERIOD INDICATED. NOTWITHSTAHDINS ANY IMIIEIENT, TEAK OR CONDITION OF WY COITNICT OR OBER MaI ENT WITH W SRI TO I I WHICH THIS CERTIFICATE MAY IE ISM OR NO PERTAIN TTE 19111AfE AFFONDED BY THE POLICIES OE5CRIDED HEREIN 15 SLWW TO I I ALL TEI16, EITIISIOIS, NO CONOITIOW O' %CH POLICIES. LDM SNOW OV MW 30 E11110 BY PAID MAWS. ~ II iLCal TYPE OF 101111,0100 1 POLICY KINSER - I POLIICCY EFF I POLICY I ALL LINITS IN TINISf1l1S I E i I I GENERAL LIABILITY I I 1 AL)M A68"TE 11000 I (III , i AI 00 CONNERCIAL 0 LIABILITY ICOL 003614 07/28/93 07/28/94 1 PIDDS-t PM AAA. 11000 _I I i i I I. I CLAIMS 1110E K) OCC. I I I PERS. i ffift INAW11000 T I I I I w" S 1 CwMX:TM 1 1 1 EACH MMMICE 11000 1 I f ppO1QTINE I I 1 I FINE I I I I i 13 I I I 1 (ANY LEI --1 50 1 I 1 I I 11 i 1 I I I1WI I ME PENON) 1 0 1 1 I i _ I---I--- I ~ 1 CSL I IAUTOXOSILC LIAR I I 11000 IKM 1 C1 DO W WWTO e AM 146 UEN LY1004 07/28/93 07/28/94 1 1DMILY1 1 i 1 I I1SWDAS001 1 I 1 I I go Nil~D AUTO 1 B(PER ODILY IK M1 I I I I O0 nVX6 o-on ow 1 I I I LIABILITY 1 I I I PITY 1 ~I 1 (EXCESS LIABILITY I Al DO DOW I= I DUL017669i2 07/28/93 07/28/94 1 1 FAN ~ 1 ~ 1 I I 13 OTTER TWO LN1N UA FM I 1 f 1 15000 1 3000 1 I BI WORKERS' COMP ITWCIF - TBD 07/29/93 07/29/94 10000 EICFJ~ I -4[11IXLINIT 1 I I EKPLOURS' LIAR ISeparste Cover 1 I 11000 DlMM-EACH 91PJNEE1 I- 1 ~.I I I I~i OTHER I I Dl Contractor's 14SKSLW0359 7/28/43 07/28/941 U DES( ! ALL I lEquipsent _ I I XVIPTION OF <IPEAk!EONS/LaATt08lVENfCLF9/SEC1AL ITEl6 REVISED CERTIFICATE I f PROJECT! Denton Municipal Complex 1 BLANKET ADDITIONAL INSURED AND BLANKET WAIVER OF SUBROGATION ON CIL AS 1 I REQUIRED BY WRITTEN CONTRACT. I tXtNCEIlATIdI 11 CERTIFICATEMOLDER I••`°'~ . SIDILD ANY OF T1E AM DE0110 POLICIES BE CANCE 0 9FFOR6 THE a- PIRRTION DATE TIEIE~ TIE ISSTINB COMPANY WILL. EMDEAVOA TO !MIL 30 I 1 CITY OF DENTON • DAYS WRITTEN NOTICE Tb TIE LERTTFLCATIC RLDER U11ED TO 11f LEFT I 1 215 E. KCKINNEY ■ FAILIAE TO MAIL St[]I 1[E 91LL ITP09E NO OILI 10N OR LIAS1t OF I I DE:NTON, TX • ANY KIND IiOf THE 1 ITS ABDIf RTC ATIVES, ~I 1 76201 • AUTHORIZED REP 1 . t Q n tj fRA,-F1`i-1TJ3 1'l IG I kUI C[";(44 i15 (]C. MCHITECTS TO , -x DOCUMENT 00300 BID FORM SUBMf1TFD RY _ pro (Name of Bidder) 1301 Lawson Road Fort Worth, Texas 76131 F (Address) Dcar Sir: The undersigned, having, examined the dra sites of the proposed work, and being familiar wi h all of the cond =isur vunding he ' work, including the availability of materials and labor, hereby Proposes to furnish all labor, r materials, and equipment required for General Construction and Renovation of the Uentoia Municipal Complex in accordance with the drawings and project manual prepar ed by E Corgan Associates, Inc., Architects, for the lump sum BAS,B BID amount of: RASA: BID: C1 ~•x , Note: Amount sha11 be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. j Note: The ;tbove amount does not include State of Texas Sales Tax. The undersigned affirms that the above stipulated base hid sum represents the entire cost per drawings, specifications, and addenda and that no claim will be made on account of any inere-me in wage scales, material prices, taxes, insurance, 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 Bonds within the 10 day period, the laid security accompanying this Bid will be forfeited to the Owner as liquidated damages, UNTI' FRICF,S Unit prices shall cover cost of materials in place, including all labor, materials, equi}rtnent, incidentals, services, overhead and profit. 15 June 1993 00300- 1 CAA 92029.00 i 1NU111 IA)MjOA k.6UC. 10&111 ILC 1'.; 10 Ia1 V2:1a71 t3 I'. 1E1 Unit Price No. 1: Base Aid is based on drilling piers to depths indicated on Drawings and includes drilling, reinforcing, mixing and placing concrete. Adjustments of Contract amount, made on actual depth of drilled piers, will be made on basis of sum of net differences in length of each pier sire multiplied by unit price stated for that pier size. hem iii AU Deduct cpf~ 1. Drilled Piers Lineal Feet - 12" $ P ~ S 0 to' (without casings) of Pier 18" S- 1 Casings for Uncal Feet - 12" S._(~ S D o 'f Drilled Piers of Casing 18" S-/ $ 24" Sam= s o Unit Price No. 2: Base Rid is based on Automatic Temperature Controls (Specification Section 15908) subcontractor bidding CSI per plane and specification. Item 1. CSI Controls Price Alternates: The undersigned agrees to the following additions or deductions from the Base Did Sum if the listed alternates itemized below arc accepted by the Owner. /Utcrnate prices j include all variations in profit, overhead, bonds, insurance and similar related iicros, and f represent the total cost to the Owrter for each Ntnmate. Alturnatc No. 1: Install ten framed windows at column line 1, Sheet A2. Provide 7/8 bat channels and gypsum board furring; at exterior wall per detail 6/A10. Add two windows per sketch SKA-3 as located below grid lino 16 and 17 on 2/A8. Add to Uase id the following amount: Dollars (S Alternate No. 2: Iactall porcelain paver the in room tY 100A and 1008 and in corridors 235, 236, 245 and 246 in lieu of scheduled VCT. Add o Base Aid the following arpount, Dollars 15 June 1993 00300 - 2 CAA 92029.00 fUC,•'(H~-k9'J3 t'1 t'r IrdUM CUkUfN1 rlbwc. WCHi11:CPG 10 IU17~32'J113 F',ll Alternate No, 3: Add Toilet Room No, 230 and associated plumbing and finishes. Add to Baa Bid the following amount: Dollars (S -7 L-,-) on Alternate No. 4: Add Break Room #04 and amociatcd plumbing and futishcs. Add to Bas Aid the following amount: Dollars Alternate No. 5: Add Break Room #1219 and associated plumbing and finishes. Add to Base Bid the folfotn~ amount: 1 Dol[ars d 910po Alternate No. 6: Add sidewalks marked A, B, Cn and D on Sheet A-1. Add benches and} sign per Sheet A-6. Add to Rase Bid th following amount: Quell r d pO Al';unatc No. 7: Alternate bids for Specification Section 15405: Automatic Temperature 4 Controls per piams and spccifiications, Add/Deduct the following amount: ~ i Bid Security: Bid security accompanies this bid. Did security is made payable to the City of Denton in the amount of live percent (5%) of the Bid sum, Security shall be either a certified check, cashier's check o1 hid bond by surety licensed in 'T'exas. Enclosed with this proposal is bid security in the Sum of Pimp- P .R .NT ot•' yiE BID 15 tune 1993 00300 - 3 CAA 92029.00 ~r N 'v I rlW. u~-1XJ3 r16.99 ~Ukuu4 WCHIILC lti 10 1UI723LAJ113 P.12 Time of completion: The undersigned agrees to commence work under this contract within 10 days of receipt of written Notice to Proceed from the Owner, and to substantially complete the entire work for the project as follows prior to ,no rAl nAar = 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. Addendum No. 1 dated 8-5-93 Addendum No. 2 dated 9-9-93 Addendum No.`^ dated Addendum No. -dated Addendum No, dated Attachments: The undersigned hereby ackno~ledge ia~e to this Proposal Form a current and complete AIA Document A3 ''Contr or~Quali cation Fornt. Date: na-in-4'l Signed avid F're man Titit pr~iAnnh f V j Name of Firm ~qtoolo-p,'ropmAn zic_ l Organized as a: (Mark one) Proprietorship ' Partnership Corporation__ x Under the law of the State Of; mo . Legal Address: 1301 Dawson Road FJ: rt Wnrth. Texas 76131 (Date) .1'clcphoe NO, (A 17) 232-.4?._ If Did is by a corporation, affix :;eal above address. END OF RID FORM 15 June 1993 00300 -4 CAA 92029.00 (O-T~ .7 I I li f Q The Ohio Casualty GroupoflnsuranceCompanies 1M North Third Street, Hamilton, Ohio 46026 TEXAS TEXAS IMPORTANT NOTICE AVISU IMPORTANTE To obtain information or make a Para obteaner informacion o para omplaint: someter una queja: .'nu may call The. Ohio Casualty listed puede llamar al numero de Gxcuip's toll-free telephone rnmlber telefono gratis de Ohio Casualty for information or to make a Group's para informacion o para complaint at screter una taueja al 1-800-843-6446 1-800-843-6446 You may omtact the Texas Department Puede oamunicarse con el of Insurance to obtain information Dep`utamento de Seguros de Teom on ocupanies, coverages, rights or pars obtener information aoerca de complaints at cranial, aoberturas, deredoe o 1-800-252-3439 1-800-252-3439 You may write the Texas Department Puede escribir al De{aaztamento de de Texas Of Tsisurance, P.O. Box 14 104 P~O.B~ox 149104 Austin, TX 78714.9104 Austin, TX 78714-9104 FAX 0 (512) 475-1771 FAX, (512) 475-1771 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning Si tiene una disputa cxxx=T iente a your premim or about a claim you su prima o a un reclamo, debe should contact the agent or 'me Ohio oanuiicarse con el agente o la Ohio Casualty Group of Insurance Casualty Group of Insurance Companies first. If the dispute is ompanies primero. Si no as not zesolved, you may contact the resuelve la disputa, puede entonces Texw Department of Insurance. com icarse con el departam nto (MI) . ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: Este avisc es solo para proposito de Zhis notice is for information only informacion y no se oonvierte en and does not beoane a part or parte o aondicion del doQmlento r~-wrlition of the attached document. adjuuto. t FIQFM OC 2433 (4/42) 1 The Ohio Casualty Insurance Company - V*st American Insurance Company - American Fire& Casualty Company The Ohio We insurance Company • Ohio Security insurance Company - (Xasco Budget, Inc. 'o~°°a acapcco°0oo oo ? O y ~ n g, , a °°00aoaoaaoao~°ooo I f t, BQUTHWEETERN LA®OAATO;41 W North Taxes Region Gentaohnical otvislon Materials, environmental and geoitchnlcal consultation, fundamental resting and analytical services P.O. Box 224227 • 2575 Lone Star Drlve • Dallas, Texas 75222 • 214/931-2700 Metro 263.1133 LETTER OF TRANSMITTAL TO City of Menton DATE O oh 6.1903 215 East McKinney PROJECT Proposed Runwa and_Ta~iwav Denton, Texas 76201 E tena_ions- pentan Municipal Airpnrt PROJECT NO. 1 ATTENTION Ms. Debra Dravovitrh I ENCLOSED is a fu11y executed copy or the Professional Consul tin4 Services Agreement for the above referenced project. _ 1 ❑ AT YOUR REQUEST ❑ FOR YOUR ACTION i ❑ FOR YOUR APPROVAL ❑ FOR YOUR FILES I ❑ FOR YOUR REVIEW ❑ FOR YOUR INFORMATION REMARKS 0 CT - 1 1%3 J LEGAL DEPT.. COPIES SOUTHWESTERN LABORATORIES BY N062 I AGREEMENT for Professional Consulting 6arvice3 P1427 i CLIENT: City of Denton CLIENT Representative: Mr iggry Clark CLIENT Address: Municipal Building: 215 East McKinney Street: Denton, Texas 76201 Agreement Effective Date: -,19--, Property Locatlon: Proposed Runway and Taxiway Extension; Denton Municipal Airport Jthe "sito") tenton, axes This agreement Iths "Agreement") Is madeby and between CLIENT and SOUTHWESTERN LABORATORIES, INC. ("CONSULTANT"). In consideration of the mutual agreements contained herein and subject to the terms and conditions hereof the parties hereby agree as f*Hows: 1. Scooe of Work. At the Site, CONSULTANT shall perform services set forth in xF, hlbit A, attached hereto and incorporated herein by reference. CONSULTANT will commence the services upon CLIENT's verbal notification to proceed; but, lot any event, on or before 30 days after Agreement Effective Date set forth above. The foregoing consulting services are herein collectively called the "Services," 2. Amendmenie, CLIENT, without invalidating this Agreement, may request changes within the general scope of the Services required by this Agreement by altering or adding to the Services to be performed, and any such changes in the Services shelf be performed subject to this Agreement. Upon receiving CLIENT's request, CONSULTANT shall return to CLIENT a change proposal setting forth an adjustment to the Services and Project Cost estimated by CONSULTANT to represent the value of the requested changes. Following CLIENT's review of CONSULTANT's change proposal, CLIENT shall execute a written change order or contract amendment directing CONSULTANT to perform the changes in the Services. 3, Plotect Cost, In consideration for the performance of the Services, CON3ULTANT shall be paid in accordance with Exhlbit attached hereto and incorporated herein by reference (the 0 Project Cost"). CONSULTANT shall submit an invoice for the Services to CLIENT Representative at CLIENT Address upon completion ul the Services unless otherwise specified in writing by CLIENT to CONSULTANT. Payment on account of CONSULTANT's ner-,rces shall be made in accordance with hi ' ; however, if payment j provisions are not provided in Exhibit , payment on account of CONSULTANT's services shall be made within thirty 130) days after actual receipt of an invoice. It CLIENT objects to all or any portion of any invoice, it shall so notify CONSULTANT in writing of the same wahin fifteen (151 days from the date of actual receipt of the invoi a and shall pay timely that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. Any sums withheld from CONSULTANT and subsequently determined to have been improperly withheld by CLIENT shalt be immediately paid to CONSULTANT together with interest thereon at the rate of 1,596 per month. 4, Conffdentlalhv. All data developed pursuant to the performance of Services under this Agreement, or supplied to or obtained by CONSULTANT from CLIENT or generated by CONSULTANT or its subcontractors is conlidentiai and will be afforded Confidential Treatment by CONSULTANT, its employees, agents, affiliates and subcontractors. Proprietary concepts, systems and ideas developed during performance of the SERVICES shall remain the sole property of CONSULTANT. Confidential Treatment includes the t0lowing: (i) The Confidential Material will be available only to employees of CONSULTANT; and, (ill Confidential Material will not be disclosed to any third party without the prior authorization of CLIENT. Upon completion of the Services or other termination of this Agreement, any Confidential Material retained by CONSULTANT and not previously provided to third parties shall be returned to CLIENT upon request by CLIENT. The obligations stated In this paragraph 4 shall survive until the earliest of the following occur: ('r) Confidential Material has become available to the general Public through no fault of CONSULTANT; or, iii) Confidential Material is received by CONSULTANT from others who are in lawful possession of such and who by such disclosure are not breaching any obligation to CLIENT. 5. Relationship of-thilf2prLi"I. A. Each of CONSULTANT, its employees, agents, affiliates or subcontractors shall act solely as an independent contractor in performing the Services. CONSUL . ANT shall have no right or authority to act for CLIENT and will not enter into any contract or other agreement, or incur any debt, liability or obligation of any nature in the name of or on behalf of CLIENT. B. CONSULTANT, its agents, affiliates, and subcontractors shall pay all salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the Services, CONSULTANT, its employees, agents, affiliates and subcontractors shall cooperate with federal, state and local governmental agencies having authority over the Services. C, CLIENT understands that reliance upon the Services is limited to CLIENT and CLIENT'c authorized consultants, Any third party reliancd that may be available is contingent upon agreement by CONSULTANT, authorization by CLIENT and upon the full 0491PCS.U i II execution by the third party of a letter of understanding provided by CONSULTAN'T'. CLIENT further understands that the Services shall in no way be construed, designed or intended to be relied upon as legal interpretation or advice. 8, CONSULTANT Recrasenterlona warrantlea and Covenants. A. permits, t icerses: Traininol Staffing and Equipment. CONSULTANT, its employees, agents, gffiliates and subcontractors meet the necessary qualifications for and hold applicable licenses or certifications required by federal, state or local rules and regulations to conduct the Services. CONSULTANT has the capability, erpenance, registrations, licenses, permits to perform the Services. Without limiting the generality of the foregoing, CONSULTANT, its employees and subcontractors are trained and certified as may be required under applicable federal, state and local laws, rules and regulations. CONSULTANT represents that it has or will secure the personnel, equipment, and subcontractors required in its performance of the Services. g• Industry Standards-, Standard of Care. CONSULTANT hereby represents that the Services shall be performed by a staff holding credentials then prescribed by industry standards appropriate to the Services, The Services will be performed by experienced, skilled and licensed, where necessary, personnel andlor subcontractors in accordance with standards customarily provided by an experienced professional organization rendering the same or similar services in the area during the same time period. C. Site Precautlcns. In the performance of the Services, CONSULTANT shall take, and shall direct its employees, agents, affiliates and subcontractors to take, reasonable precautions for the safety of, and shall provide reasonable protection to prevent 1 damage, injury or loss to, persons and property at the Site. CONSULTANT shall direct its employees and subcontractors to comply with health and safety plans as prescribed by applicable federal, state and local laws, rules and regulations. D. Qye Authorization; fRood Standing, CONSULTANT has the power and authority to enter into this Agreement. The execution and delivery of this Agreement and the performance of the Services hereunder have been duly authorized by all necessary corporate action. Upon execution, this Agreement will constitute the binding and valid obligations of CONSULTANT enforceable in accordance with its terms, CONSULTANT is in good standing in and qualified to do business in the State of Texas. E. Warran.W, Other than those specifically set forth under this Agreement, CONSULTANT makes no warranties, express or implied, as to the Services performed hereunder. 7, CLIENT Representations. Warrantlas and Covenants. A. Site Access. CLIENT understands the nature of CONSIJLTANT's presence on the Site and shall ensure that CONSULTANT has access to the Site during the performance of the Services, including prior notification of all specific ingress and egress limitations, restrictions or requirements, 13. Wa Ae end Samofe Disoosi 'r n. Unless otherwise specified in Exhibit , the proper disposition of any contaminated materials generated on-site as a result of the Services, including, but not limited to, waste materials, samples, produced soils or fluids, or protective equipment (hereinafter "Affected Materials" I, shall be considered out-of-scope and shall require a writtenchange order request by CLIENT in accordance with paragraph 2 of this Agreement wherein CLIENT provides a generator number, specifies its choice of transporter and treatment, storage or disposal facility and completes documentation necessitated by these services. CLIENT understands that CONSULTANT is in no way responsible for the proper disposition of the Affected Materials except as provided for under this Agreement and CLIENT is responsible for directing the disposition of the Affected Materials. In the event that test samples obtained during the Services contain substances hazardous to health, safoty or the environment, or equipment used during the Services cannot be reasonably decontaminated, CLIENT shall, if necessary, sign documentation required to ensure that this equipment and/or samples are transported and disposed of properly. In the event CLIENT wishes tot CONSULTANT to retain test samples beyond thq final report date for the Services, CLIENT shall provide CONSULTANT with a request stating the some, CONSULTANT shall invoice CLIENT only for those storage charges incurred for storage beyond thirty (30) days after the report date for the Services. C. Data r action. CLIENT shall furnish or cause to be. furnished to CONSULTANT all documents and information known to CLIENT or CLIENT's agent relating to the Site location, subterranean structures and utilities at the Site and the environmental condition of the Site, CONSULTANT may rely upon, but shall not be responsible for the accuracy of, any data provided by CLIENT or CLIENT's agent. CLIENT shall immediately transmit new, updated or revised information as it becomes available during CONSULTANT's retention. 8. Dela.,s end Terminatlon. CLIENT or CONSULTANT may terminate this Agreement upon forty-eight {481 hours written notice should the other party tail substantially to perform in accordance with the terms and renditions of this Agreement through no fault of the terminating party. A complete settlement of all claims upon such termination of this Agreement shall be made as follows: CLIENT shall compensate CONSULTANT for the Services performed up to the date of rereipt of termination plus reasonable costs incurred in terminating the Services in accordance with CONSULTANT's current fee schedule, In the event Services cannot be !performed on or before the projected report due date because of circumstances beyond the control of CONSULTANT, including, but not limited to, strike, fire, not, excessive precipitation, act of God, governmental action, third party action or action or omission j by CLIENT, the Services shall be urnended by CLIENT and CONSULTANT in accordance with paragraph 2 of this Agreement. 2 0493PCS.0 I . 1. 2 shall impair any right, power or remedy which any party hereto may have, nor shall any such failure or delay be construed to be e waiver of any such right, power or remedy or an acquiescence in any breach or default under this Agreement absent an express, written waiver or acquiescence, nor shall any waiver of any breach or default be deemed a waiver of any default or breach subsequently occurring under this Agreement. 16. ADnllcabfe Law. THIS AGREEMENT SHALL BE OOVERNED BY AND CONSTRUED ACCORawa To THE LAWS OF THE STATE OF TEXAS. 16. Entire Agreement. This Agreement constitutes the sole and entire agreement between the parties hereul. This Agreement replaces and supersedes all prior discussions and agreements between and among CLIENT and CONSULTANT with respect to the matters contained herein. AGREED AND ACCEPTED ON THE RESPECTIVE DATES NOTED BELOW. .~r CLIENT SOUTHWESTERN LABORATORIES, INC. By: Name: V._ 7r~j Name: Michael L. Lester. P.E. Tide: Title: Sr. Project Manager Date: a~ . 19~ Date; August 25 19 93 k, 1 4 gd97PfS.Q 9, Inurancs. In addition to any other insurance which CONSULTANT may choose to carry, CONSULTANT shall, at its sole expense, maintain in effect during the performance of the Services under this Agreement insurance coverages with Insurers licensed to do bu:.iness in Texas, naming CLIENT as an additional insured, If available and requested by CLIENT In writing, under said policy. To the extent received by CLIENT, proceeds of insurance of CONSULTANT will be applied to reduce CONSULTANT's obligations under this Agreement, and CONSULTANT shall pay any and all deductions or retentions under all CONSULTANT's insurance. CONSULTANT shall deliver to CLIENT correct copies of certificates of insurance, if requested by CLIENT. CONSULTANT's Insurance includes the following: • Commercial General Liability Insurance • 61,000,000 per occurrence and $1,000,000 annual aggregate for bodily injury or death and property damage, including loss of use thereof, written on an "occurrence' (as opposed to a "claims made"I basis. *Comprehensive Automobile Liability Insurance covering allowned, nonowned, and hired vehicles • $ 1,000,000 combined single limit of liability per occurrence for bodily Injury or death and property damage, including loss of use thereof, written on an 'occurrence" (as opposed to a 'claims made') basis. *Statutory Workers Compensation Insurance and Employers Liability Insurance - $1,000,000 per accident, *Umbrella Liability Insurance - $6,000,000 per occurrence and $5,000,000 aggregate liability for bot'ify injury or death and property damage, Including loss of use thereof. ' *Errors and Omissions Insurance, including Pollution Liability, Applicable to Services - $1,000,000 with respect to claims made against CONSUI.TANT for negligent errors of omissions in the performance of the Services hereunder. 10, Indemnity and Llabitity limltetlon. A. CONSULTANT shall indemnity, defend and hold harmless CLIENT from and against any and all lawsuits, claims, liabilities, causes of action, fosses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, reasonable attorneys' fees and expenses, by whomever asserted, including, but not limited to, any governmental agency or branch or any third party to the extent the same arise from (i) a breach by CONSULTANT of any term or provision of this Agreement; (ii) violation by CONSULTANT of federal, state or local statute, rule, regulation or ordinance in the performance of the Services or Iii!) negligent errors or omissions of CONSULTANT or its employees, agents or subcontractors in the performance of the Services. B. CLIENT shall indemnify, defend, and hold harmless CONSULTANT from and against any and all lawsuits, claims, liabilities, actions, causes of action, demands, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, reasonable attorneys' fees and expanses, by whomever asserted, including, but not limited to, any governmental entity, agency or branch, any third party, an employee, contractor employed or retained by CONSULTANT, any third party or employee of a A I ontractor employed or retained by CONSULTANT, to the extent that such claim, property uamage, injury or death resulted from } the negligence or willful misconduct of CLIENT or agent of CLIENT; Iii1 violation of tN" federal, state or local statute, rule, regulation or ordinance by CLIENT or agent of CLIENT; (ivl inaccurate information provided by CLIENT to CONSULTANT. r c sis, expe=7orother lity, vac or iti1i Trt7)1!'ti"~o'si under paragraph 3, whichever e Gable for punitive, special, incidental, ex'emp ar ~ The provisions of this paragraph 10 shall survive the termination or the expiration of this Agreement through the fourth ann ersary after submission of the final report for Services. 11, Oomollenm with Laws. The Services shall be performed in compliance with applicable federal, state and local rules and regulations. 12• AtAkomumrilcts Neither this Agreement not any interest, claim or obligation hereunder shall be assigned or transferred by CLIENT or CONSULTANT to any party or parties without the prior consent of CONSULTANT or CLIENT, respectively. CONSULTANT may subcontract portions of the Services to other qualified parties. Fees and costs of such subcontractors, unless directly invoiced to CLIENT by subcontractor, shall be included in CONSULTANT's compensation as provided in paragraph 3 of this Agreement. 13. Coontemerts: Haedin s Tenses, This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. The headings herein are for convenience of reference only and shall not be deemed a part of this Agreement. Words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa. 14. Invalidity; NQ ,3p-tad Waiver. In the event that any one or more of the provisions contained in this Agreement shall for aof reason be held invalid, illegal or unenforceable in any respect, such invalidity, illugohty or unenforceability shall net affect any other provision of this Agreement. No failure to exercise, and no delay in exercising, any right, power or remedy under this Agreement 3 U493PC5.4 AUG ,i 0 SWL SOWWSTERNW0014"IES INC. 1575 Ono Slar One P 0 Box 114117 03143s, Texas 75111 August 25, 1993 Phone WO 631-M EXHIBIT A Phone (214) 263 JW WefrO Fax: 1114) 920L 189) City of Denton Municipal Building 215 East McKinney Street Denton, Texe 76201 Attentioc,: Mr. Jerry Clark Re: Geotechnical Investigation For Proposed Runway and Taxiway Extension Denton Municipal Airport p Denton, Texas II SwL Proposal No. P1427 Gentlemen: i In accordance with the request of Mr. Jerry Clark with the city of Denton, Southwestern Laboratories (SwL) is pleased to submit this proposal for geotechnical services on the above referenced project. This proposal is based on requirements as discussed with Mr. Clark an August 23, 1993 and previous conversation with Mr. Jerry Fleming with the project civil engineer, Freese and Nichols, Inc. PRQ,= INFORMATION The project involves a runway/taxiway extension on the south end of the airport. The runway extension will be approximately 1004 feet in length and the taxiway extension will be approximately 1000 feet long. We understand only shallow cuts are required and proposed fills will be approximately 5 feet or less. Anticipated aircraft design loads are 30,000 pounds or heavier. FIELD A" LBORATORY Seven (7) test borings extending to a depth of about 10 feet are estimated to investigate subsurface conditions in the areas of the proposed pavements. Additionally, it is recommended that exploratory borings be made in any i A member d Me H111 qaV of wNw is kWM~ SK City of Denton Mr. Jerry Clark Page 2 August 25, 1993 SwL Proposal P1427 designated borrow areas necessary for the embankment fills if these borrow areas are identified at the time of 1 the investigation. Five, 10 foot deep auger borings have 1 been estimated to explore borrow areas. Based on previous SwL studies in the general area and mapped surface geology, the subsurface materials anticipated in the proposed borings will consist of clays, sandy clays, clayey sands and possibly sands with some gravel. I In the pavement borings, cohesive soils will be I continuously sampled with thin walled Shelby tubes. Very sandy soils, if encountered, will be sampled during performance of the Standard Penetration Test. All samples will be extruded, logged, sealed and packaged in the field for transportation to the laboratory. i In addition, bulk samples of each surface soil type will be obtained during the field investigation for laboratory testing. In the borrow area borings, bag samples would be obtained for classification and other testing determined necessary for construction of the embankments. The samples will be examined in the laboratory by the project geotechnical engineer who will select representative samples for testing. Atterberg Limits and Sieve anaiysis will be performed as necessary to classify each soil type by the Unified Soil Classification System. In addition, laborarory testing will consist of moisture contents, dry dei- vies, unconfined compression tests, swell tests and m.`~rur,e/density relationships proctor curves). A seri,s of remolded and soaked laboratory CBR's will be performed on representative soil types. SwI, also proposes to evaluate stabilization of any clay subgrade soils with hydrated lime by means of lime/pH and lime/Atterberg Limits Series. Sandy soils if encountered, may also be evaluated for stabilizvtion with Portland cement. 01 G r 1 City of Denton Mr. Jerry Clark Page 3 August 25, 1993 SwL Proposal P1427 ENGINEERING REPORT I All field and laboratory data will be compiled into an engineering report. As a minimum, the engineering analysis and report will include the following: o Subsurface stratigraphy at selected runway and taxiway boring locations. i o Groundwater conditio.is at each boring location I will be determined during and after drilling. o Necessary laboratory testing to evaluate existing soils and classify the soils by the Unified Soil classification System. o Establish the moisture/density relationships (ASTM D-698 or D-1557) for representative samples of the existing surficial soils and soils modified in place by soil stabilization. i o Perform absorption/swcIl tests and evaluate the swell potential and characteristics of any existing underlying clays. o Determine remolded soaked laboratory CBR values for representative samples of the underlying soils and existing soils stabilized with hydrated lime ' or Portland Cement. o Provide recommendations regarding subgrade treatment and appropriate stabilization. o Provide recommendations for use and compaction of the on site soils for site grading. o Provide CBR or subgrade modulus (k) values appropriate for pavement design purposes. o As an alternate, make 5 borings in proposed borrow areas and run classification tests on the soils. I~ i SK City of Denton Mr. Jerry Clark Page 4 August 25, 1993 SwL Proposal P1427 ~ a As an alternate design based,onroFAdA deslignlcrpater eit (AC150/5320-5C) for the design aircraft loading. o Provide other general recommendations relative to ' the proposed construction. SwL will, of course, remain available to consult with the project engineer and the City of Denton on geotechnical aspects of the project as required. f ~ ~ SCHEDULA ANA BUN'ET Based on the scope of services outlined above, SwL has developed the schedule and budget presented on the attached Table I. The prcject budget provides for one or two classification tests per boring and stabilization testing and evaluation on two soil types. We estimate that three CBR tests will be required to evaluate the on-site soils. This is based on one CBR on the natural soils and two CBR's on the stabili2ed soils. It is assumed that the boring locations are accessible to truck mounted drilling equipment during normal business hours, does not include any weather related delays ror cdellays related to airport access due to operations. SwL has assumed that the centerline of the taxiway and runway extensions will be staked by the city of Denton or FNI and sufficient staking will be provided that will allow the boring locations to be determined. Our estimated cost is based on assumed conditions and projected testing requirements. Various subsurface conditions could occur requiring more or less testing. Some variations could occur in the final estimate. if any significant additional costs appear necessary, we will advise the City before proceeding. If any additional testing or engineering services are requested, these can be performed in accordance with SwL's current fee schedule which is attached for your review. iM1 ~ib'a~ AP YY'Yg SWr City of Denton Mr. Jerry Clark Page 5 August 25, 1993 SwL Proposal P1427 Should any questions arise during your review of this proposal or you require any additional information, do not hesitate to contact the undersigned. If this proposal meets with your approval, please execute and return one copy of the attached Standard agreement for Geotechnical Services with notice to proceed. Southwestern Laboratories appreciates the expression of confidence in the opportunity to submit this proposal and ? contract for geotechnical services to the city of Denton. We look forward to the opportunity to work on Sincerely, 1 SOUTHWESTERN LABORATORIES, INC. Michael L. Lester P.E. Geotechnical Division 'r MLL:em h 1 SK TABLE 1 SCHEDULE AND BUDGET ESTIMATES PROPOSED AIRPORT EXPANSION DENTON, TEXAS GEOTECHNICAL INVFSTICnTTON ITEM BUDGET SCHEDULE Test Boring with soil sampling including mobilization $10025.00 7 days Laboratory Testing E Classification Tests 800.00 3 Moisture/Density Relationships (ASTM D-698 or D-1557) 450.00 3 Remolded/soaked CBR 1 Series (assumed) 10245.00 1 Lime PI Series 160.00 2 Lime pH series 170.00 17 days Engineering Analysis Project Engineer (10 hours) 750.00 Senior Engineer (4 hours) 380,00 6 days Sub-Total investigation $4,980.00 30 days Additive Alternate No. 1 Borrow Area Borings (5 estimated) $ 350.00 Classification Tests 350.00 i Subtotal - Alternate No. 1 $ 700.00 Additive Alternate No. 2 Pavement Design S 700.00 2 days Subtotal - Alternate No. 2 $ 700.00 Total Including Alternates No, 1 and 2 $6,380.00 32 days i 1Y SCHWILE S=aCES AND PMUMA FEES C>MYBff3WCAL ENMI4 R= DTVMCK JANER Mf, 1992 A. FIELD WOF2lC Drilling with intermittent tube samples in cohesive soils, standard penetration in cohesionless soils 0- 50 feet $ 9.15/ft. 50-100 feet-- $ 3.1.60/ft. Core borings in shale or soft limestone, NX-size--- $ 16.00/ft. Auger borings in soil, no samples $ 5.00/ft. Stand-by time in excess of 30 minutes $136.50/hr. Mobilization, round-trip ($175.00 Minimum) $ 2.65/mi. Per Diem, per man/day. $ 60.00/ea. Minimm! Drill Fee Per Trip-- $500.00 B. Atterberg Limits with linear shrinkage $ 41.00/ea. GraSn--size (mechanical) $ 26.00/ea. I Finer than 200 si $ 17.50/ea. Unoonfined Compression test/soil $ 28.50/ea. rock $ 28.50/ea. Moisture Density Relationship (AS1M D--698)- $135.00/ea. Lima Series $160.0^,'ea. Absorption Owell Test- $ 65.00/ea. Consolidation Test $180.00/ea. C. P 1 Staff Engineer-- - $ 55.00/hr_. Staff Geologist $ 45.00/hr. Project Engineer, P.E.- $ 75.00/hr. Project reologist $ 55.00/hr. Senior Geologist $ 65.00/hr. SP.nior Engineer, P.E. - $ 95.00/hr. Principal EngL1qer, P.E.----__ $105.00/hr. E.q-)ert witnezs, P.E.------ $160.00/hr. SOVTHWESICRN LAPORATORIES . oooooa caac~D own°o X004 ~ ro o~ o z d a o° m odF .~'o a a o o a a a o o~~ 000 i N CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEIMIT, made and entered into this 5 day of OCTOBER A.D., 19 93 , by and between THE CITY OF DENTON 1 of the County of DEN'S and State of Texas, acting through LL.oYD V. HARRHU thereunto duly authorized so to do, hereinafter termed 11OWNEi1," and 121 RXPOSITION tDENTON Tx 76205 of the ~ City of DENTk , county of uRwTON 1 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 .)f the work specified below: BID t 1535 - N.L. PARK PHASE II RESTRWK/CONCESSION BUILDING in the asoMt _of $395,800.00 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 Bands, all attached hereto, and in accordance with the plans, which includes CA - 1 i A all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by PRMMH AND AssoCZaM ARQT rRrT - 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 empl.oyea 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. f 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 I performance of this Agreement, and Contractor will, at its cost and i expense, defend and protect the City of Denton against any and all such claims and demands. 1 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 agreed 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 OWNRR 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 Y 4 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A SST: -AA . /J)^ 107'krad CITY OF DENT& OWNER (SEAL) ATTEST: SOUTaMSST MUSTRIAL VOKSTRDCTION, M. CONTRACMQ , By Title PRESIDENT i (SEAL) APPROV=-.AZ.. TO .-FORM 2 ,.Citg Attorney i AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That sourunsT TNDtrs TAi. COq$i'~f TION INC. , of the City of _ aEMMON County of nERTON and State of 7f?XA^ as PRINCIPAL, and 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 T8B CTTg of 2EmN as OWNER, in the penal sum of Twm emmm NINTY Five Typ,ghjQ $Trarr WWRBD AND n0/.100-------- Dollars 395.800.00 ) 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 5 day of OcTna" 19-13-, for the construction of BID i 1535 - N L PAM PUA E 11 M ESTeOW CONCESSION BUILDING in the aeount of $3951800 00 which contract is hereby referred to and made , Y 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 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 72nd Legislature, Regular Session, 1993, and all liabilities on this band 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 04 t, a u 1! I~ I, PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Demon 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 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of 9ctnhsr 1993 i Fidelity & Deposit Co of M Principal Surety T.E. Stanek, o e Title na , Title A. ney-in-fact 121 Exposition Address; ' Address; 12222 Merit r. a~„+e +350 4 Denton Texas 76205 Dallas, Texas 75254 j (sEAL) (SEAL) The name ar,d address of the Resident Agent of Surety is: Leick Tucker and Knight, 12001 N, Central Ex w Ste. 200 Dallas, Texas 76243 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 .y,,.' 64 is j, I Tr,e D IIJELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY COMPOnIel HOME OFFICES: BALTIMORE. A4D. 21209 POWER OF ATTORNEY KNOW ALI. MEN BY THESE PRESENTS' That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice•Presit1cm, and C, W. ROBBfNS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-lairs of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in fail force and effect on the date hereof, do hereby nominate, constitute and appe)intRotlert E. Stalnecker, r. , Joe N. Jay, E. M. Adler Richard T. Martin, Karen E. Vester ten Pr's nd Irmgard Collins, all of Da 1aS T A :ey-m- ac o eac , to ma utt, SCAI ever, for, and on its behalf as surety, and as its act and deed:any and all bonds and unde ings.. nT bonds on behalf of Independent Executors, Community Sur s and unit Guardians,. execution of such bonds or undertakings in pu of these shall be as birxling upon said Companies, as fully and amply, to all intents and purposes, as if they h duly ex rid acknowledged by the regularly elected officers of the mspective Companies at their otdces in Batik we d., in n proper persons. This power of attorney revokes that issued on behalf AFobert Ntalnaker, Jr., etal dated March 11, 1993. p` 1~L IN WITNESS WNEOOP, the said Vice ident and f Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDEL DrPcsrT*ANY of MARYLAND and the COLONIAL AMERICAN CASUALTY AND M SURm COMPANY this ................h......_..t~~---------- day of_............... .Ju1.y................ A.D. 19.93 1 ` ~J ATmw: _ TV AND DEPOSIT COMPANY OF MA 4,11ND i b'EJ1L BY ......As Serrrra n' lice- , COLONIAL AMERICAN CASUALTY AND SURE OMPAN EAL~ y ~ By . . Assistant Secretary u e. 'e, STATE OF MARYLAND ` SS: COUNTY of BAI.TIMORF, l V 1 j On this bLh.... day of.... ..._...,...Ju-ix-._............ A. D. 19..93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-Prc6dent and C. W. ROBBINS. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to one personalty Inown to be the individuals and oRiecrs described herein and who executed the preceding Instrument, and they each acknowtedger; the execution of the sine, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of toe Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of Wit Companies, erect that the said Corporate Seals and their slgnatura as such officers were duly affixed and subscribes to the said instrument by the authority and direction of the said Corporalioni. IN TESTIMONY WHEREOF, 1 have hereunto set my hard and affixed my Official Seal the day and year first above written. a+" , ` t 4 n"01.a"x CAROL 1. FA ED :R / -Vorary rabfic My commission expires AJ1A4At..1...1494 CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLANC and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing ii a full, true and correct copy, is In full force and effect on the date of this certifeme: and I do further certify that the Vice•Preihicot who executed the said Power of Attorney was one of the additional Vice•Presidernts speciaAy authorited by the Board of Directors to appoint any Anomey-in Ties as provided in Article VI, Section 2 of the respective By-laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the 1•IDELITY AMU DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July. 1969 and of the Road of Directors of the COLONIAL 1 AMERICAN CASUALTY AND SURETY COMPANY at a meeting duty called and held on the 5th day of December, 1991. RESOLVED: "That the facsimUe or mechatdcatty reproduceu signature of any Assistant Secreaary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany w'rh the same force and effect as though manually affixed." IN 6W8NQNY WHEREOF, I have Into subscribed my name ami affixed the corporate scats of the said Comp,nles. Nis.... day ell, Aalsraru Secretary LraaxrxJ 168 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That SoUR'EWT INDUSTRIAL CONSTRUCTION INC. of the City of County of DHNTON , and the State of jj as principal, and 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 D,:'rloN , OWNER, in the penal sum of and NQ11OU------ RIM Na= FT Tflof=xNa L= U=MW Dollars {$_ign noo 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, 11-,e Principal has entered into a certain written contract with the Owner, dated the s day of ~ -mmm 199,}_ . BTD / 1535 - ■.L. PARR PHASE II RBSTRLXW S10N g11LUjWr I j to which contract is hereby referred tc 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 SUCHo 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 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 i The FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Me [,~rr<pitMlS HOME OFFICES: BALTIMORE, MD. 21'203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRF5ENTs: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of tic State of Maryland, by C. M. PECOT, JR., Vicc•President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby, certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appointRobert E, tzlnaker, r, , Joe N• Jay, F.. M. Adler Richard T. Mertin, Karen E. Vester ren Fir rid Irmgard Collins, all of Dallas Texas EA e orney-in- a o eac , to We, se ever, for, and on its behalf as surety, and as its act and deed:any and all bonds and unde ings.. PT bonds on behalf of Independent Executors, Community Sur s and unit Guardians,. , - -Recut on Of such bands or undertakings in pu of these is s, shall be as binding upon said Companies, as fully alit amply, to all intents and purposes, as if they I duly ex acknowledged by the regularly elated officers of the respective Companies at their offices in Bald d., in proper persons. This power of attorney revokes that issued on behalf obert talnaker, Jr., etal dated March II, 1993. 4 (LV IN WfrNESS WHEREOF, the said Vice tdent and i Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDE h DEPOS~t ANY OF nMARYt.AND and-the CoLoN1Ai,-AMERICAN CASUALTY AND A.D. 19_93 SURF.rY COMPANY this ((iiC,, { ATTEST Si AL ITV AND DEPOSIT COMPANY OF N AND $EAL - s By_ - As Secretary Vicr- resident { 4 COLONIAL AMERICAN CASUALTY AN) SURE OMPAN `EAL - BY ' V ~ Assistant Secretary tre- re'sulenr S'T'ATE OF MARYLAND SS. COUNTY OF BALTIMORE l On this.-.-4..11.. _day ofl..___-__.-.-.15} A.D. 19931 j, before the subscriber, a Notary Public of the State of Maryland, duty f cornmhuloned and qualified, came C. M. PECOT, JR.. Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and doe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me pesonally Jaawn to be the individuals and officers described hcom and who executed the preceding instrument, and they each acknowledged the execution of the same. and being by rte duly sworn, severally and each for himself depoaeth and with, that they arr the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Scats and their signatures as such officers were duly affixed and subscribed to the said Instrument by the aathoriry and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year firs above written, t CAROL J. FA CR / / Nnrery Public 0tl My commission expires. ARrlttsl.L.1.996 CERTIFICATE 1, the urdcnlgned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MAIIYLA14D and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-Resident who executed the said power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-lo-Fact ax provided in Article VI, Section 2 of the respective Bylaws of the FIDELITY AND DEPOSIT COMPANY OF MARYIAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate inay he signed by facsimile under and by authority of resolutions of the Board of Directorr. of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on de 1Wb day of July, 1969 and of Use Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeti.ig duly called and held on the Soh day of December, 1991. RPSOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a cerbl'sed copy of any power of sttonsey issued by the Company, shall be valid and binding upon the Com- pany with the Lame force and effect as though manually affixed." IN SESf QtJY WHEREOF, I have ho+Mo subscribed my tame and off xod the `'orporate seals of the said Companies, this.-.5th day L1419*' Do 168 Asrl."&w Secretary „i• EXI NACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Arri,le Vi, Section 2, The Chairman orthe Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Hxeculive Commmittoe, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on bchplf of the Company any bonds, undertaking, recognizarwea, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the. concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, } Assistant Vice-Presidents and Attorneys-in-pat as the business of the Company may require, or to authorize any person or perwns to execute on behalf of the Company any bonds, undertakings, rocognizances, stipulations, policies, contracts, agreements. deeds, and releases and assignments of judgements, decrees, mortgages and Instruments in the rwture of mortgages,... and to affix the seal of the Compa.,y thereto." ill trouarxt Of, PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That SOUTH MT INDUSTRIAL CONSTRUCTION INC. of the City of np.wiyw County of DErM , and the State of rttu,c ar principal, and 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 and NO 100------ THRRR mntnasm Him" Zlyx m W-ffma to !reM y _ Doi ars { $ 3Qr' g M 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 _ 5 day of C1ri"nRR j BID ► 1535 - N.L. PARK PN?URE II RESE% MZQNCE_SSION BUILQrtjG 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 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 I 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 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 5th day of _ October 19 93 . S.W. Industrial Constructors, Inc. Fidelity & Deposit Co. of Maryland Principal Surety 00 0 7 By Title Title Attorney-in-fact ' Address: 121 Exposition Address: 12222 Merit Dr. #1350 Denton, Texas 76205 Dallas, Texas 75251 I { ! (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Leick, Tucker and Knight, 12001 N. Central Expwy. Ste 200, Dallas, Texas 76243 AAA0184D PB-4 FIDELITY AND DEPOSIT COMPANY OF MARYLAND • Q COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ' a HOME OFFICES! BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN B1' THUSL' PRESENTS: That the FIOPLITY AND DEPOSIT COMPANY OF' MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURErS' COMPANY, corporations of the Slate of Maryland, by C. M. PECOT, JR., Vice-President, rind C. W. ROBBINS, Assistant Secretary, in pursuance Of authority granted by Article VI, Section 2 of the respective By-laws of said Companies. which are se; forth on the reverse side hereof and arc hereby certified to he in full force and effect on the date hereof, do hereby nominate, constitute and appoint Robert E. talnaker, r. , Joe N. Jay, E. M. dler Richarxas Martin, Karen E. Vester en Pr'o nd Irtngard Collins, all A of llail- EACH agent Attorney. m- ac I Lac to te, over, for, and on its behalf as surety, and as its act and deed:any and all bonds a Lode Inge.. PT bonds on behalf of Independent Executors, Community Sur s and unity Guardians..,, Xnd 9; execution of such bonds or undertakings in pun of these s, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they duly ex rid acknowledged by the regularly elected officers of the respective Companies at their offices in Balti Md., in o n proper persons. This power of attorney revokes that issued on behalfO obert talnaker, Jr., etal dated March 1), 1993. (t\J~l IN WITNCSs WHEREOP, the said Vice 'dent and~t Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDE DEPOsi Y OF MARYLAND and the COLONrAI. AMERICAN CASUALTY AND SURE COMPANY this ....h...,. , ..--AN day, oL_.....-...... J . U _ 1Y. - - A. D. 19..43 ATTEST. S; AL AND DF,PO.SIT C01111PANY 7-. AND By etidrnr 1 r ~6GA~ COLONIAL AMERICAN CASiJALTV AND SURET OMPA Aralsraw S,creiary By . - ident STATE. OF MA RYLAND + Yire- nsirnr j COUNTY OF BAL1UfORE SS, On this .6Ch.._-day of...._..-------- jU ly-........_...... A.D. 19_93, before the subscriber, a Notary Public of IAe State of Maryland, duly canmissloaed and qualified, camr l'. NJ. PECOT, JR., Vice-President and C. W. ROBBINS. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally Irnown to be the idividuels and ofrwers described herein and who executed the preceding instrument, and they each acknowledged the execution of the aame, and being by me duly swom, severally and each for himself depmeth and saith, that they are the sold officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Scats of said Companies, and that the said Corponte.Seals and their signatures as such officers were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand aad affixed my Official Seal the day and year firs( above w,ittcm ar~ CAROL 1. FA F,R Notary PuNic W My commission expires. MALYA.L.1994 CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SUkETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, trite and correct copy, is in full force and effect on the date of rids certificate; and I do further certify that the Vice-President who executed the said Power of Anornry was one of tow additional Vice-Presidents specially authorized by the Board of Directors to appcsim any Attorney•Jn-Pact as provided In Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND ud the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, ThJs certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND al a meedng duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duty called and held on the Sth day of December, 1991. RESOLVED. "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made Sernofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effeet as though manually affixed," IN ~f~lY WHEREOF, I have hTnto subscribed my name and axed the corporate seats of the said Companies, this 5th day LIe194rrXJ 168 .._---.°.u~--++t_._._..____.. Arrlrwnl Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl, Section 2. The Chairman of the Board, or the President, or any Execi, ive Vice-Preshknt, or any of the Senior Vice- Presidents or Vice-Presidents specially authorired so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents. Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authority any person or persons to execute on behalf of the Company any bonds, undertaking, recognirances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mongages,,, antd to affix the seat of the Company thereto." EXTRACT FROM BV-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-Presidenl, or any of the Senior Vice- Presidents or Vice-Presidents specially authorised so to do by the Hoard of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidcnaa, Assistant V ice-Presidema and Attorneys-in-Pact as the business of the Company may spire, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, reoognizances, stipulations, policies, contracts, agreernems, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgapes.... and to affix the seal of the Company thereto." I I I i II iI I ~I j 1. N I'Ax r X 1-- Or, I i MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SoUTEitiiR.gT us AL as rrincipal, and a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to f pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of THIRTY NINE TSDURA Frye =RED 6IGIM AND No/100- --Dollars v'Fa)On 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: I i WHEREAS, said SOUTNNS$T INDUSTRIAL CONSTRUCTION INC. has this day entered into a written contract with the said city of Denton to build and construct BID 1535 - N. L. PARK PHA3B II Ate r w"'Y' 4 "".slOi BUILDING i 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 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 I~ 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 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 continuing one against the Principal and this 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 S.W. indto al 40 a rur .L17.5.. Inc. as Contractor and Principal, has caused these presents to .,e executed by T.E. Stanek and the said Fidelity and Deposit Company of Maryland as surety, has caused these presents to be executed by its Attorney-in-Fact Robert E. Stal,naker Jr. and the said Attorney-in-Fact has hereunto set his hand this 5th day of October 19S3 SURETY: PRINCIPAL: Fi lity & sit of Mary end S.W. Industrial Constructors, Inc. Robert E. 5telnaker it T.E. Stanek - Attorney-in-Fact President AM01840 MB, 2 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY MPN*i$ HOME OFFICES BALTIMORE, MD, 2120.1 POWER OF ATTORNEY KfoW ALL MEN BN' THFsr, PRESENTS That the FIDELITY AND DEPOSIT COMPANY nF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, Corporations of the State o1' Maryland, by C. M. PECOT, 1R., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the attic hereof, do hereby nominate, constitute and appoint Robert E. Stalnaker, r. , Joe N. Jay, E. M. Da s, EAO rjlasLhTexaT. Martin, Karen E. Vester ren Pr'a nd Irmgard Collins, all ofle g orney-In• ect o each , to mak te, rver, for, acrd on its behalf as surety, and as its act and deed:any and all bonds and unde angs.. PT bonds on behalf of Independent Executors, Community Sur s and unit Guardians,.. And the execution of such bonds or undertakings in pu of these and amply, to all intents and purposes, as if the s, shalt be as binding upon said Companies, c fs o the respective Companies they ILI duly ex If acknowledged by the regularly elected officers of panes at their offices in Bald d„ ir, It n proper persons. This power of attorney revokes that issued on behalf I ob( I,- talnaker, Jr., etal dated March II, 1993, ~o IN WrTNCss WHEREOF, the said Vice- idem and *t t Secretary have hereunto subscribed their names and affixed the Corporate Seals of the sold FtnE DEPOSI ANN' OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this._..-. _ _.....,day t)f_..._...----_ ......_..Jul - A.D. 19_.93 ----x ATTEST: Db1 7Y AND DEPOSIT COMPANY OF M LAND SEAL 1 ) • ~V~ . - By.......... As snt-010r) - Vine- resldenr COLONIAL AMERICAN CASUAI,T'1' AND SURE OMPAN AmAlorrf Serrefarv y._-" . STATE OF MARYLAND Vier rerldenr I COUNTY OF BALTIMORE II SS 7 On Nis.___.ft Lh....doy of Jla.ly_......... A. D. 19.13, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR.. Vice-President and C. W, ROBBINS, Assinant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the Individuals and officers described herein and who executed the preceding Inum )"t, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposcth and saith. that they are the aid officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seats and their signatures as such officers were duly affixed and subscribed to the said instrurtrem by the authority and direction of the MA Corpurstions. IN TESTIMONY WHEREOF', I have hereunto set my hand and affixed my Official Seal the day and year first above written. is t )~t/ r ' y. CAROL), FADER Notary Public My commission expires.,..ANLYtit-.L.19%.......... I, the undersigned Assistant Secretary of the FIDELITY AND RDEPOSIT COMPANY OF MARYLAND and the CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a PoII, t it ~ oC copy, is in full force and effect on the date of this certificate; and I do Posher certify that the Vice-President who exec,nod the said Power of Attemey was one of the additional Vice-Presidents speciaily authorized by the Board of Directors to appoint any Autimey-in-Fact as provided in Article VI, Section 2 orthe respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND n a meeting duly called and held on the 16(h day of July, 1969 and of the Board of Directors oft* COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a troeeing duly called and held on the 5th day of Docembet, 1991, RESOLVED: "That the facslmde or mechanically reproduced signature of any Assistant Secretary of the Company, whether trade heretofore of hereafter, whenever appearing upon a certified copy of any p)wcr of attorney issued by the Company, shall be valid and binding upon the Com- pony with the one fora and effect w though manually affixed„ IN ~fONY WHEREOF, 1 have frrFgp10 subscribed my name and affixed the corporate uals of the sold Companies, CtOkl_•_.-_••___W-, 19......, tnla5th-^-... day uasxr o 68 - Arrlstanr Se<rnarvu~ R' J EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior Vic,- -Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Comouniuce, shall have power, by and with the concurrence of the Secretary at any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assiswm Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons w execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreeuents, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to uffix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VF, Section 2. The Chaimwn of the Board, or the President, or any Executive Vice-president, or any of the Senior Vice- presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Prcgidents, Assistant Vice-Presidents and Attorneys-In-Pact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases zed assignments ofjudgements, decrees, mortgages and instruments In the nature of rnortgages,.,,and to affix the seal of the Company thereto." 1 i I t i E i t.uiaurx, -ar 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 submissior, the availability of insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder falls 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 1 contractual obligations which the successful bidder shall have a duty to maintain uuoughout 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 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, an shall be maintained In compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • 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 • 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 APF006RA P.F,V1Sr•0 08102191 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall pf ocure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: blame as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers. • • 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, • All policies shall be endorsed to provide thirty(30) days prior written ~I notice of cancellation, non-renewal or reduction in coverage. I • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continn'ouusll of three years the term of this contract and, without lapse, for a P give expiration, rise to that occurrences arising contract made after expiration during of he term which 9 contract contract shall be covered. • 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 legs! 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. • 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. AF'MRA "ViSM 06MT2f41 ?I Insurance Requirements Page 3 ' SPECIFIC ADDITIONAL INSURANCE 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: bc1 A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ L aaa, .r;shalf 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: I j • Coverage A shall include premises, operations, completed operations, Independent contractors, contraproducts, ctual liabili and s, + covering this contract and broad form property damage coverages. • Coverage B shall Include personal Injury. • Coverago 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: • 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. • Broad form contractual liability (preferably by endorsement) covering this contract, persona! Injury liability and broad form f property damage liability. AFF006SA REVISED 01/07795 i Insurance Requirements Page 4 (A Automobile Liability Insurance: Contractor shall provide Commerclal Automobile Liability insurance with Combined Single Limits (CSI.) of not less than ssao.ooo either in a single policy or in a combination of basic and umbrella or excess policies, The policy will include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. i Satisfaction of the above requirement shall be in the form of a policy endorsement for: • my auto, or • all owned, hired and non-owned autos. 1 (,d Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issa,. a of such Insurance, has Employer's Liability limits of at least 9100,000 for each I accident, 9100,000 per each employee, and a 9540,000 policy limit for occupational diseaso, The City need not be named as an "Additional Insured" I but the Insurer shall agree to waive all rights of subrogation against the City, J its officials, agents, employees and volunteers for any work performed for the City by the Named Insured, ( l Owner's and Contractor's Protective Liability Insurance i 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. I AFMBA REVISED 01107M ii s Insurance Requirements Page 5 i 1 Fire Damage Legal Liability Insurance Coverage is required If Broad form General Liability is not provided or is uravallable to the contractor or if a r mtractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. I I Professional Liability Insurance Professional liability Insurance with limits not less than with respect to negligent acts, errors or omissions in connection r claim i professional services is required under this Agreement. fid Builders' Risk Insurance Builders' Risk Insurance, on an Ail-Risk form for 300% of the completed value shell be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. ~F f l Additlonal Insurance ' 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. A7`MsRA 4 CERTIFICATE OF INSURANCE 10/11/1993 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF Leick, Tucker i Knight Ins. INFORMATION ONLY AND CONFERS NO RIGHTS UPON P. O. BOX 516309 THE CERTIFICATE HOLDER. IT DOES NOT AMEND, Dallas, TZ 73251-6309 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE (214) 233-9855 WCOANY I COMPANIES AFFORDING COVERAGE INSURED A: CNA COMPANIES SOUTHWEST INDUSTRIAL CONST.INC COMPANY 8: 121 EXPOSITION COMPANY C: DENTON? TX 76201 COMPANY D: COMPANY E: COVERAGES f (hfs is to certify that poticies of Insurance listed below have boon issued to the insured nwed abwe for the policy period Indicated, notwithstanding any reciufrownt, term or condition of any contract or other documnt with respect to which this 1 certificate may be issued or may pertain, the insurance afforded by the potf6 es described herein Is subject to alt the term, edcl ions end conditions of s ticies. Limits shown may haw bean reduced by d cl ~C0111INSURANCE ~ POLICY NUMBER 101 DATES GENERAL LIABILITY Effective $ 20000,000 General Agg A (Z) Gen Liability 1115889449 07/01/93 $ 1,0000000 Prod/COOps Agg (X] Occ j ] CM $ 1,000,000 Pere/Adv Inj [ ? OCP $ 100000000 Occurrence Expiration 500000 Fire Damage 07/01/94 5,000 Medical Exp i 4 AUTO LIABILITY Effective f A [X] Anyy Auto 11158f39435 07/01/93 $ 100000000 CSL j ] All owned [ ] Scheduled (X] Hired (X] Non-owned Expiration' $ BI person) ( ] Garage Liab 07/01/94 $ BI accident) (Z] Physical Dan. $ PD EXCESS LIABILITY 07/01/93 21000,000 Occurrence A (Z] Umbrella 115889466 210000000 Aggregate ( ] Other 07/01/94 + [ ] Statutory Lmts A WORKERS COMP 1015089421 07/01/93 $ 5000000 Each Accident AND 500,000 Disease-Limit EMPLOYERS LIAB 071/01/94 500,000 Disease-Empl r r s r r s Description of operations/locations/vehicles/other JOBt NORTH LAKES PARE PHASE IT ADDITIONAL INSUREDt CITY OF DENTON,. ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS, APPLIES EXCEPT TO WC. WAIVER OF SUBROGATION APPLICABLE TO WORKERS COMPENSATION CANCELLATION CERTIFICATE HOLDER Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but CITY OF DENTON failure to mail such notice shall pose no ATTt PURCHASING AGENT obligation 21,1i abilit l any kind upon 901 - B TEXAS ST. the comP2% tq o, ~ reps. DIM ON TZ 76201 t ed Representative I r I 1 _ r ~p. WWRA CE o1NM ISSUE DATE IMMNWYY) x 10/11/93 7g THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUC" , COMPANY BIIpOI NO. Leick, Tucker & Knight insurance CNA - CAM Program 000991 P.O. Box 51630:j DATE EFFECTIVE TIME DATE EJ(►EUITHON TIME Dallas, Texas 75251-6309 X AM XIZa,AM 10/11/93 12:01 em 12/11/93 NOON THIS SINDER 19 ISSUED TO EXTEND COVERAGE IN THE ADOVE NAMED OODE BL44 M COMPANY PER E%PIRNG POLICY NO: DESCRIPTION OF 0►ERATION6ryEMICLAZry14pPERTY ((nUU" LOt0M) E+NEAen NORTH LAKE PARK PHASE II SOUTHWEST INDUSTRIAL CONST., INC. RESTROOM/CONCESSION BUILDING 121 Exposition Denton, Texas 76201 I COYEAA3Ea LUMTS TYPE OF MwRUNCE COYEHLAOG orm A UR WW DEDUCTIBLE coNn Pm0PWITY CAUEEe of loft' - - _ WW - -BRwD )(SPEc.' DIRECT PHYSICAL LOSS $ 395,804 $11400 1008 X BUILDERS RISK r OOMMfACLAt GENF/IAL t1ABALTY I [PRODUCTS ~ COMPMP ADO. t I CLAIMS MADE ._..000UR PERSONAL t AM. INJURY 't { CY,'NER'B JI CONTRACTOR'S PROT, EACH OCCURRENCE FlilE DAMAGE Wq err IMEI t RETRO DATE FOR CLAWS MADE: MED E)OVISE (Mry of PNlur t _ COMBM#D BMGLE UMIT t ANY AUTO ' BODILY INJURY (Pw Pww) t E ALL OWNED AUTOS BODILY INJLNIY (Pw Mew") k - SCHEDULED AUTOS PROPERTY DAMAOB i, j MEND AUT08 MEDICAL PAYMENTS \y - ' J NC"1DwNEO AUTOS PERSONAL INUURY PROT. $ GARAGE UAEAlTY i UNINSURED MOTORIST t TUFvrnymm ME . DEOUCTBLE ALL YEWCLES SCHEDULED VEHICLES ACTUAL CASH VAt UE STATED AMOUNT -..-.ft Coulaw OTIl99 THAN COL OTHER nmamm EACH OCCUWENCE i UMBRELLA POW AGGREGATE t OTHO THAN UMBAW" FORM RETRO DATE F9R CLAMS MADE: SELF-INSURED RETENTION r STATUTORY LIM"S W rift" CDBtlOEATTON EACH ACCIDENT t AND 2111PLOYd1'{ I.AABEITY DISEASE-POLICY UANT t DNIEASFEACH EMPLOYEE t NAMED INSURED TO INCLUDE: City of Denton and All Subcontractors as their Interest May Appear. NAME ADDIS _.....a.~ _ MORTGAGEE ADDITIONAL INSUM LOU PAYEE LOAN A Leick, ghof fRDC0:FIATI0M rue ACORD 78.8 (TM) d9091) PROPOSAL FORM PROPOSAL OF SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. (Name of Bidder)- -PROPOSAL BUILDING AND A NEW G OUP PICNIC PAVILION AT NORTH FOR THE CONSTRUCTION OF A NEW RESTROOM/CONCESSION PHASE H (TEXAS PARKS &rWILDLIFE RO ECT NO.20-004011) OR THE CITPARK . Y OF DENTON,TEXAS Purchasing Agent City of Denton 901-B Texas Street Denton, Texas 76201 The undersigned hereby proposes to furnish all supervision, labor, material, equipment, tools and necessary accessories for the construction of a new Restroom/Concession Building and Group Picnic Pavilion for North Lakes Park - Phase II bid # 1535, as set forth for the project in the Drawings, Project Manual and Addenda as prepared by RON HOBBS-HOBBS, dated August 4, 1993, Architect's Project Number 9206. € 11C undersigned hereby proposes to furnish all of the above for the lump sum BASE BID amount of: TOTAL BASE BID _ r and for the alternates as described in Section 01100 of the Protect -Manual. ALTERNATE NO. 1: Add the total sum of• ALTERNATE NO, 2: Add the total sum of Fy.. ,~,.r✓ o - $ 2" ors NOTE: Amounts shall be shown in both words and figures. In case of discrepancies, the amount in words shall govern, SUBCONTRACTORS PROPOSAL FORM Pagel Mechanical Electrical _ EXTRA WORK Should anv change in the work or extra work be ordered, the following applicable percentage shall be added to the material and labor costs to cover overhead and profit. It is understood that the terms "overhead" and "profit" are defined in the General and Supplementary General Conditions. Allowance to Contractor for overhead and profit for extra work performed by the Contractor and supervised by the undersigned _ 15' 0/1o, Allowance to Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the undersigned ___Jr ADDENDS': The undersigned hereby acknowledges receipt of the following addenda to the I Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal. Addenda Number a.✓~_ dated Addenda Number dated Addenda Number dated Addenda Number dated Addenda Number -dated- BUD SECURITY: Bid security must accompany each proposal. Bid security shall be matte to the City of Denton, Texas in the amount of five percent (5%) of the proposal sum. Security shall be either a certified check or bid bond by surety licensed in Texas; The successfW bidder's security will be retained until he has signed the contract and payment and performance bonds have been executed. The Owner reserves the right to retain the security of the next two lowest bidders until the low bidder enters into contract or until sixty (60) days after bid opening, whichever comes first. All other bid securities will be returned as soon as practicable. If any bidder refuses to entcr into a contract, the Owner will retain his bid security as liquidated damages, but not as a penalty. SALES TAX EXEMPTION: The contractor shall ray ail consumer, use and other similar taxes required by law. Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the Owner which separates charges for material from charges for labor. The successful low bidder must provide separate bid amounts for the labor and materials associated with the project and must acquire a sales tax permit issued by the State Comptroller. The Contractor must execute a resale certificate instead of paying sales PROPOSAL FORM - Paget i I tax at the time of purchase. The Owner will issue an exemption certificate for the materials . which are incorporated in to the finished project. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND: The undersigned agrees within ten (10) days after the Contract is executed, to deliver to the Owner a Performance Bond and later a Labor and Material Bond as required in the Specifications. MAINTENANCE BOND: The Contractor shall furnish a Maintenance Bond for an amount equal to ten percent (10%) of the contract price for improvements and shall be for one (1) year from and after the date of Final Pavrnent by the (Owner). CONTRACT: The undersigned agrees that upon notice of acceptance of the Bid, he will execute the attached example of the Contract within ten (10) days from notice of acceptance. INSURANCE: The undersigned agrees within ten (10) days after the Contract is executed, to j deliver to the Owner the certificates of insurance and original insurance policies required in the Specifications. TIME OF COMPLETION: The undersigned agrees to commence work under this Contract within ten (10) days after the issuance of the "Notice to Proceed" from the Owner and to complete such work within /Jv,0 calendar days from date of such notice. (Contractor to fill in figttres.) Time to complete the contract shall begin on the tenth (10th) day after the issuance of the "Notice to Proceed." I LIQUIDATED DAMAGES. The undersigned agrees to fully complete the project within the time stated in the TIME OF COMPLETION paragraph above, The undersigned further agrees to pay as liquidated. damages, the sum of $150.00 for each consecutive calendar day thereafter, as hereinafter provided in the Supplementary General Conditions. f UNIT PRICES It is further agreed that the quantities of the work to be done and materials to be furnished may be increased or decreased as necessary due to existing site conditions and that all quantities of work, whether increased or decreased, shall be performed at the unit prices set forth below. All labor, materials and equipment required to construct tl-.is portion of the project shall be included in unit prices. Unit prices may be given on each item in the following schedule, regardless of whether the quantities are shown and should any items be omitted, the right is reserved to apply the lowest price submitted by other bids. UNIT PRICE NUMBER 1: Add or delete per lineal foot for drilled piers the sum of PROPOSAL FORM - Page3 i. 6 i MONO ff~ i ~.A,DD 23.4-4021MT. 12,tZ .TB 4r.)s-2r . S UNIT PRICE NUMBER 2: Add or delete per pier for casing of drilled priers the sum of; APT &,doe;-zr7r 94 4s-- oLoo-t-2no Respectfully submitted, Corporations only fill in the following: tgnature 9-9-93 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. 0 ate eg ame of Corporation: Bidders other than Corporations till in the TEXAS following: State o Incorporation: eg Name of t tng Firm: 121 EXPOSITION Street Address DENTON, TEXAS 76205 City, State, Zip Code Street Address T.E. STANEK 1 Name of Officer - (typed) City, State, Zip Code iggnature,) tcer Name o Officer ~typed) PRESIDEh'r i to leer SEPTEMBER 09, 1993 Signature 0 at6 TUC Seal of Corporation: Date Witness OOKS erne o fitness - 121 EXPOSITION trmt ss DENTON, TEXAS 76205 City, State, Zip Code PROPOSAL FORM - Page4 i i Boad No Fidelity and Deposit Company NOAIE OFFICE OF MARYLAND BALTLVORE, AID, 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we,... SQU.J H.S.T....d~11?1?.$.xlv2 AL...~.Q.YET,A!I~.~4RS~...h~:_ 121..Exposition.... Dent,on.~...Texag as Principal, (hereinafter called the "Principal'), and i the Frnt:LITY AND DUOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organised under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto §."AY...4f ..~enton.,.,Texas 1 as Obligee, (hereinafter called the "Obligee"), in the sumof...Five .percent of the 01fA"At amount bid ,,,,,,,,,,,,Dollars X GAB for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by the" presents. WIIEREAS, the Principal has submitted a bid for... Concession IReatRoom and Yicni.c Rau±I.irm.. Build.Ln ga h j NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of sugh bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in cod faith contract with another party to perform the work covered by said bid, then this obligation shall be nu{I and void, otherwise to remain in full force and effect. Signed and sealed this Fis9t........................... -.day of September.................. ....A.D. L993..... SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. i ( rn ~(uk r rinc, f e~:.. i AMBER I . REED, SECRET1tW41ess T, E, STANEK, PRESIDENTTillc FIDELITY AND DEPOSIT COMPANY OF MARY Surrtv 5SAL) 1Vitness 1114 Robert E. Stalnnker, Jr. - Attotney-in-Fact t ~4 t ► f Est d-fsd , Appeowd b9 TM Amertun Institute of Arthtterre. A.1.A, nocu,nent No. Aala Eebruttrr 197U Editlam The FIDELITY AND DEPOSIT COMPANY OF MARYLAND • COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES' BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALI. MEN BY THESE PRESENrS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W, ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the date hereof, do hereby nominate, constitute and appoint Robert E. talnaker, r. , Joe N. Jay, E. M. Adler Richard T. Martin, Karen E. Vester ren Pr' nd Iringard Collins, all f Dallas as E Inc true arm M AgIcAl aural m' life orney- n- ac o eac i, to ute, se ever, for, and on its Iehalf as surety, aril as its act and dexd:any and all bonds and undo ings PT bonds on behalf of Independent Executors, Community Sur s and unit Guardians,... ail E And the exer-ution of such bonds or undertakings in pu of these s, shall be as binding upon said Companies, as fully and amply, to all intents and furposes, as if they h duly ex acknowledged by the regularly elected officers of the respective Companies at their offices in Bahl d., inn proper persons. This power of attorney revokes that issued on behalfr\ obert(>S~6talnaker, Jr., etal dated March 11, 1993. IN WIT? ESS WHEREOF, the said Via ident and t Secretary have hereunto subscribed their rtarrtes and affixed the Cotpot:'e Seals of the said FtDE DFPosn AN`.' OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COM.`ANY bhls....... .._h..... day of ! IAjy.-.--..------_-..-, A.D. 19_23 A'rrm: _ AND DEPOSIT COMPANY OF M AND it 81?AL As BV Grrrran Vice- resrdenr COLONIAL AMERICAN CASUALTY AND qJRE Ob:P {BEAL~j By...----- - Assistant .Srrrrmry resident i STATE OF MARYLAND l SS: COUNTY OF BALTIMORE ) On this. ~~s tt.h-._day of....._.__...__JW 1y._......---__, A.D. 19_9.3, t,fore the subscriber, a Notary Public of the State of Maryland, duly ned and qualified, came C. M. PECOT, JR., Vice-President and C. W. knBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY A' ID SURETY COMPANY, to me personally known to be the individuals and oflicers described herein and who executed the preceding ins rumen o, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that duty are the said officers of the Companies aforesaid, tad that the seals affixed to the preceding instrument are the Corporate kids of said Cor,pardes, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the r,th ority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. CAROL 1. FA E Notary Public My commission expires .....91te4,4t.L.t.99~ CF,RTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, we and sorroct copy, is in full force end effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vise-Presidems specially wnthori" by the Jloard of Directors to appoint any Attorney-in-Fact as provided in Article VI, Scctbn 2 of dnc respective By-Laws of die FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under am by authority of rssoludom of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called ant held on the ifith day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY a a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsfmde or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever ap rearing upon a certified copy of any power of anoracy issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed... IN TESTIMONY WHEREOF, I have heranto subscribed my name and affixed the corporate seals of the said Companies, Nla_F i r s t dly 19.9._. I r n ~ n ~ uasaTxt 168 . - ° itisisranr Secretay I tartt~ r trxs+ ~c,CLC~QG00 OO~,O°vJ v Q r s d C o~ao°°ppo~o"' aQO°°°ooo aaa i i 1 ~ i r „ LY3 I! 1 len i, i Y- CONTRACT AGREEMENT STATE OF TEXAS § BOND EXECITTED IN FOUR (4) ORIGINALS COUNTY OF Denton 5 BOND NO. 49836 THIS AGREEMENT, made and entered into this 22 day of September A.D., 19 93 , 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 terr,ed "OWNER," and Sun CarrerCial Roofin-, inc. 2419 Southwell Rd Dallas, TX 75229-4539 of the City of Dallas , County of Dallas ' 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 #1543 - Reroofiu at the Denton Electric Production Plant in the amount of $41,389.00 and all extra work in connection therewith, under the terms as stated in the GE ^ral 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 4 Y` ~t all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and thf, Specifications therefore, as prepared by Armko industries, inc. all of which are made a part hereof and collectively evidence an3 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 amployee of the City of Denton, Texas, for the purposes of incoma tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employees 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. 1 Indemnification i 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, ar,' Contractor will, at its cost and expense, defend and protect the City ~,f Denton against any and all 1 such claims and demands. I 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 (1 1 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day Pil•st above written. ATTEST: City of nton OWNER 9 J (SEAL) ATTEST: Sun Coamerrial fin g, Inc. 'E CONTRA By ~ Title f i (SEAL) APPROVED A4i-40. £torne~' i L i i i AAA0184D CA - 3 i PERFORMANCE BOND STATE OF TEXAS § BOND EXECUTED IN FOUR (4) ORIGINALS COUNTY OF Denton § BOND NO. 49836 KNOW ALL MEN BY THESE PRESENTS: That sun commmercial Roofing, inc. , of the City of Dallas County of Dallas , and State of Texas as PRINCIPAL, and Frontier Insurance Company of New York, Rock Hill, New York 12775-8000 , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton ao OWNER, in the penal sum of Forty one thousand three hundred and eighty nine _ Dollars 41,389.00 ) 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 i ` contract with the OWNER, dated the 22 day of September , 19 93, for the construction of Bid 01543 Reroofing at the Denton Electric Production Plant in the amount of $41,389.00 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 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 voidr • 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 72nd Legislature, Regular Session, 1991, ' 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 - 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 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 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 12th day of October 19 93 . Sun Commercial Roofs, Inc. Frontier Insurance Company of New York Principal Surety Z~)/, , . , ~e-- d1b -77 e /Cheyyl T. ump re' Title Title orney-in-Fact w Address: 2419 Southwell Road Address: Rock Hill, New York 12775-8000 Dallas, Texas 75229 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 0.1`t PAYMENT BOND STATE OF TEXAS BOND EXECUTED IN FOUR (4 ORIGINALS 5 COUNTY OF Denton S BOND NO. 49836 KNOW ALL MEN BY THESE PRESENTS: That Sun Commercial Roofing, Inc. - Of the City of 2llae County of Dallas , and the State of Texas , as principal, and Fronde insurance Com an of New York Rock Hill. New York 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 one thousand three hundred and eighty nine Dollars 41, 389.00 ~ 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: i E WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 22 day of 5eptnmber 19 9,3_ . Bid #1543 - Reroofing at the Denton Electric Production Plant in the f amount of $41,389.00 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. 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 72nd Legislature, Regular Session, 1991, 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 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in 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, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of October 19 93 Sun Commercial Roofs, Inc. Frontier Insurance Company of New York Principal Surety B1 By .r '.J e yl L. Humphrey Title Title rney-in-Fact Address: 2419 Southwell Road Address: Rock Hill, New York 12775-8000 Dallas, Texas 75229 I i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 i AAA01840 PB - 4 I @A P V.i.v 1y ~a 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: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. 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 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: I This notice is for information only ~I condition of the attached documentY and does not become a part or 1 i BOND EXECUTED IN FOUR (4) ORIGINALS O BOND NO. 49836 ;unifier INSURANCE COMPANY OF NEW YORK MONTICELLO, NEW YORK (A Stock Oompany) ~z POWER OF ATTORNEY N2 7671 - NY ttohr~l)(c,'•.rn ~dlhesC offi rrsritleCThat FRONTIER INSURANCECOMPANYOFNEWYORK,aNewYork Corporation, having itsprincipal ce in Monticello, New York, pursuant to the fol l o wi ng resolution, adopted by the Beard of Di rectors of the Corporation on the 4th day of November, 1985: "RESOLVED, that the Chairman of the Board, the President, or any Vice President ba, and hereby Is, authorized to appoint Attorneys-In- Fact to represenl and act for end on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of Indemnity "RESOLVED, that the signatures and attestatiOnsOf such officer3 and theseaJ and writings Obligatory in the nature thereof, and to attach thereto the corporate seal of th a Company, In the transaction of Its surely business; orrtoannycerrlificaerel ling thereto by facsimile. a danysuchPower olAfforneyfolrcerifi efebearingsuclhfecsimllesignatuesorffacsimile 1 seal shelf be valid and binding upon the Company when so affixed with respect to any bond, undertaking, contract of Indemnity or writing obligatory in to nature thereof; recognizance or other 1 "RESOLVED, that any such Attorney-ln-Fact delivering a secretarial certification that the foregoing resolutions still be In effect may insert in such certification the dale thereof, said date to be not later than the date of delivery thereof by such Ahorney•In•Fact." This Power of Attorney is signed and sealed In facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT V. R. Damiano, Jr. James V. Damiano Cheryl L. Humphrey Shane A. Humphrey of Dallas Its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred In Its name, ace and stead to sign, execute, acknowl , In the State of Texas deliver In Ila behalf, and es As act ad deed, without power of redalegatlon, as follows! edge end Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracl9 other then Insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in alt actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FIFTY THOUSAND ($850,000,0D) DOLLARS; and W bind FRONTIER INSURANCE: COMPANY OF NEW YORK thereby as fully and to the same extent as if such bond or underaking was signed by the duly authorized offleers of FRONTIER INSURANCE COMPANY OF NEW YORK, and all the acts of said Attorney(s)-In•Facl pursuant to the II audwdty herein given are hereby ratified and confirmed, (7n Nlitnese Pherraf, FRONTIER INSURANCE COMPANY OF NEW YORK of Monticello, New York, has caused this Power of Attorney to be signed by Its President and As Corporate seal to be affixed this 2 nd day of November tg 89 FRONTIER INSURANCE COMPANY OF NEW YORK ^\+~V~~NCe 1 f 611 of New York BY'. _ County of Sullivan es.: WALTER A. RHUIEN, President i on this 2nd day of November 19 ( New York Inend(ortheCounty ofSullivan , duly commissioned and qualified, came WALTER R}HU EN ofFRONTIERINSURANCE COMP NY OF the subscriber Not" Public of the State of NEW YORK to me personally known to be the Individual and officer described herein, and who executed to preceding instrument, and acknowledged to execution of to same, and being by me duly sworn, deposed and said, that he is to officer of the Company aforesaid, and that the seal affixed to the prec affixadandt bscribedtothedsadlInstrument lbytheauthority e ddirectionoftheCorporation, andthat tserresolutinofetheCompanyrelerredtoIn the praeeding Instrument, is now In force. Xa Tif a f ilmon q 04p roof, I I aye here unto set my had, and affixed my official seal at Monticello, New York, the day and year above written. '`Mel, yam;,, r Ir VkOTARI, ~jQ _~Q CJ ' 0 '0U91IG A Notary Public of New York %11 ra4'/ MyCommisslon Expires June 22, 1993 r CERTIFICATION 1, MARVIN L. TEPPER, Secretery of FRONTIER INSURANCE COMPANY OF NEW YORK of Monticello, New York, do hereby certify that the foregoing Resolution adopted by the Moral of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are In full force and affect. ,3n Mifileas 0herPaf, I have hereunto set my hand and affixed the. facsimile seal of the corporation this 12th day W October 19 93 `•1M• A~: M p1.. ^.10,4, 05{ \ S • r FI F FM (9.5002-FL (8192) 46P MARcretery G 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: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shalt provide and maintain until the contracted work has been completed + and accepted by the City of Denton, Owner, the minimum insurance coverage as 1 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 obtalndd In satisfaction of these requirements shell 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: • 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 . • Any deductibles or self-insured retentlons 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 AFFMHA REVISED C41MI91 s' Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigation:;, claim administration and defense expenses. 0 Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers. • • 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. • All policlet, shall je endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • 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 j contract term which give rise to claims made after expiration of the contract shall be covered, 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 defense costs to be Included in the general annual aggregate limit, the contractor shall eisher double the occurrence limits or obtain Owners and Contractor: Protective Liability Insurance. 0 Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City recelves 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, AFF006BA REVISED 01102193 1i V t Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE 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: N1 A. 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. j If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • 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 lease: 0 Bodily injury and Property Damage Liability for premises, I~ operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) r covering this contract, personal injury liability and broad form property damage liability. AFFOWBA REWSM 06(M) it i? Insurance Requirements Page 4 {o! Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 8500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for; • any auto, or all owned, hired and non-owned auto., {~q 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 are "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 Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contact, 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 cf 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. Poiicy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006BA VYVISLD osfO m I re, Kri" !pp' Insurance Requirements 'Page 5 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. O Builders' Risk Insurance k 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 I Denton and all subcontractors as their Interests may appear. f I{ Additional Insurance 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. AFMBA . IZV19fD ou02197 ~r a i 111111g:: III Jill,,,;;; tB0tN0~1 tlttM MR Qytpr/y) 81s0POr S*W*1l and CO. cif o ft www t► a OR iioM ~~1991 x440 llalnut 8 11 Ln Does NOT Omm af57MD ON ACW ?C BELOW aOruuTOx AM my Dallas, TZ 73231 T11! {214) 369-3838 X603 Wit...... COMPANIES GATT! AFFORDING COVERAGE.., ,r„e, A EOXX INDIMITY I1~8 CO twwe Cavwr B a01[a INS SUN COWMCIAL ROOTS INC oow . C.,.,... >7RA1QCa CO 2419 80 DTSRaLL ROAD OR>CaRB C...... DALLAS TZ 73229 4319 cowl D u i 02407123-1 THq 18 TO CST" THAT THE INDICATED, NoTTVrir~y►y yp ANY T c m eHOw IuvE 9E TI q p TO Tw Rip ED Awl MI OEiTRRCATE MAY BE ISSUED Y Pffil THE I OF ANY THE OR OTHER OpC~ryJ NAMED ABOVE FM 7HE Y pE1VMT TO W~►aCK T" rm Olt COFIOITIOIt ~ . E>tGYU T O 18 WLWT TO ALL THE fE}Mla T8 YE BEFM .............'R7 Qr.......sF10VM......Y...L............................,...,, BT'PAiO 78Mf Ultq tIMAIAtk,~t . CAft AIAWpryyl OLP1C1....,... Ywelcw aea.IAl tNABUrr T mtTi ! 2 000, 00.. I Y .ooaAt. , CLAW MAN ' FROOUCt~,~y as ....rt 1 000 d0 I( owesacpmucrpraFxm. 08/04/93 OS/04/9Gov.war i 1+000'pQ. t B„I AM1AUTp eA1°lf4Bl8 co►sso sit ( ALL 000 Al ~ LAU it L0,000100 P... i~a~uteoAUrat 07/23/93 08/04/94'eooitrt►aY z wa AUTOS tM p«p) t . . !.Y1ClY.................. ................i. NONQMftU AUT,T9 : "ANY OICrt WNJR... i UM RIA POIy _ D WOKLA F" _ t C. Alp 7EFfONM-0f ` ACH tTATillpry tUMiB ,z: t~orNn um+l, 08/04/93 : :00/04/94i xnert 300 00 ona ..3. 0000 ' oeEAtt EArH a+to>ff RXt FOtI(,Y twr sm"ol OF C'1' 1---1343 Mimi L ILITY! IQA. A . _ BOLDER IS ADDITIOlp►L L U61711 M AS RJSSP$CTS OMMIRAL c~ .,f rr ~yiq 4avY C~ 1r t a SHOULD ANY ABOVE OF THE .OFSCRfBEO„H:vt rsr% s £?'aT' `,.:y' r• r FO+.I A CIEB BE CANCFllfD :"RATION PATE TNEAEOF BEFM THE Ti ISSUING COMPANY WILL ENDEAVOR TO CITY OF DUTON "g MAK . - 3 0 GAYS WWni NOTICE TO THE CEIIIJIFICATE HOIDfR NAMED To THE y ATTN: DMa8E BARPOOL, PUItcnali ~ ~ ~ BUT FARURE TO MAX SUCH NOTICE sHAtl IMPOSE No DBUGAION OR 901-E Tax" DRIVE s'' LIAMt1TY OF ANY KWO UPON THE COMPANY, ITS Al OR WRE48lTATNE$. DaIOM TX 76201 f'A M~IMRA mg. F i 1 SEAT BY:SLEEM. SEWELL & CO :10-18-93 :10:34AN Ulm, Tx" 98IMB2364 2/ 2 AriftNs "mom (WWWM ' so 16 s!!~ TW CI011i1 U N ISOM U A MATIEII Or 0IONI1AM OILY AND 9It YOIf~11 and CO. CONFWW MO NMI uPON Tun mun WATt MOLOOK rM CI1"MAT9 i O ITS10 ON ALTO TNK COMAN AI MOD BY TWO 8440 1>fa2n>0t Rill LA► ;fSOD I,.,. DaLISSIg TX 752!1 COMPANIES AFFORDING COVERAGE (264) 341-3932 i ,rte II1DZMTY im CO , IET B 3=3 I11AUXAlICS CO „ EOx COilYtI02AL 1t00)rB IaTC C TEXAR wOuns C'oao INN F 2414 11OCTUX" NOW 's DALLU 7X 75229-4S1! ! fl Lamp j u E 01407123-1 L THIS Id TO ceRTIFY TNAr T1•IU 1'OtMkh d' INTWIWiCE U!'tRD rttOw NAVE I M WIABO TO THE OWN" NA1NE0 AMW MR THE P01.10Y F'9~00 11101CA UD, NOTNRIHiTANDOM ANY AEOUMAW TIN OR COMMON OF ANY QOwR4cT OR OTHER DOCUMENT WRN 11WWi TO *4ON flMt WUW 00 MAY PWAN, THE WWRAO...CE . Af.Po1WED IU Or TIM N 0'WMUM oBY PAID NfAEYJ It ftAKCT ro YL THE T6M1E. E%CWlOrlS MA COM0frI0N6 Of rlUCII POlJp84. lillTB BROWN MAY HAVE M'FJI RtDUC81 T PND ,d~14 0o j 171 M IMIIAiMIe~ MKICY N11!/1 X a VA"m opwm *m uniiImm powwm p"mm Lw" , MMIK LIAFaAI'f . i i A MC AM ....,..1 [,040 00 ~ : OOM1eT,1y, OBfi11L lJAall'! ' OL<'I~~K7i ~ . i. CLAW A049 ;O8104/93 ; OY/ 04/ l4.AIMON'M:6,W iuuisr.. , ",.,.i.i.000~..oQ. i OWN" ~ crMRAcroll+;;Fw I i PON oc°~mom 'i 18000, 00 rwrawloEw►wr*o..,..'~,.. ....00x000 W7 em 1 5 00 i, 1................ Z{ALLOw1E0liJ106 X07/23/!3 Oi/04/14.oo►tPurtr d`" r000r00 **WAAD weal !w i> X i WAFAM AAIIlIS I BOOtT MAW i w""m AM qw saw" mom PA"m WDWR11' PAWN is I aole~ tMBIUIY cAp1 11 wnwuA raw ~ i ~ AoalazAn I+ OW MAN LIPAWKiA NUM C. raEaH e01EBNOtlolt ~,N. : IITAMOW LMM rs.~o1,.~ ati 00, o0a .ro 06/011/93 06/ 04 J 94` 3 o rIMO SIN U MITT u!! 900 00 cA~+l 500 I , orrr+all a a1wA~wwaeATleNenweol~rr+~iwi ntr 1161 PIOJ M 646943 CnTXPXC12'X XOLDNR IN ADDITIONAL Ilt8UR3D AS R28>PECTa QZNZRAL A ZUTO LIASILITI)C8 SHOW) ANY OF ME AIM OFjMOW POLICIN SE CANCELLED eERORE THE W MTgMA~DATE THEREOF, THE ISBUINO COMPANY WILL ENOFAIVOR TO MAC -r U OAYI WW TM MM TO THE MM MATE "DIM NAMW TO THE CITY OF DENTON LEFT, Sur RUM TO MAIL RuCH NOTICE SHALL IMPME NO OBUGATM OR 4T11t MISS SAAPOOLr PURCWINQ UABkM Of ANN K1N0 IKON THE COMPANY, ITS Auain 00 MPREMMMTAVA& 901.8 TX= DIM DEITOX TZ 76201 f ',7/ r ~ w ~ ry3S!' C. _ ~ wT~,v4Y,w y 'w. ~ I NAM y ~~C~OCQCCco OO~G°QQ o R a F N f o~O~~ ' 11 a o V y Q o ~ p O /Jo o o QOO°°Oo oO~CQ°00400 N. ol oooaa I i a 5 M I CONTRACT AGREEMENT f STATE OF TEXAS COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 16 day of NOVElOIER A.D., 19_93 by and between CITY OF DENTON of the County of DENTON and State of Texas, acting ! through Ta.OYD V. HARR= thereunto duly authorized so to do, hereinafter termed "OWNER," and SUKKOWT CORP., BOX 1770, ROANORE, TEXAS 76262 i 1 of the City of _ RMOEE , County of DENTON f and State of TELAS , hereinafter termed "CONTRACTOR." WITHESSETH: 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 contolete performance of the work specified below: W 1 1557 - .TIM C Ri. TAL BM PAYING MD DRAINAg§ in the amunt of W9,257 50 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, arid the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 Lill maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by Sl1GIN N-G A~ TRANR[7{]RTATUIN nr-PARTwFwr all of which are made a part hereof and collectively evidences and co„stituts the entire contract, Independen' tL= It is mutually understood a, Agreed by and between City and Contractor that Contractor is an .dependent contractor and shall ' not be deemed to be or considr'id an employee of the City of J Denton, Texas, for the purposes income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other Cit employee benefit. City shall not have supervision and control of Contractor or any employee of k contractor, and it is expressly understood that Contractor shall perform the services hereunder according t specifications at the general direction of the city Manager of the City of Denton, Texas, or his designee under this agreement. Indgmn j XJcalion Contractor shall and does hereby agree to indemnify and hold J 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 i 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 tams 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 u. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: f9* , A ~ CITY or D r" OWNER CV74L&~ L (SEAL) ATTEST: SoiwoaNr CQ CONTRACTOR Title /to~'c.r~r (SEAL) APPROVED--AS`` &--FO : ~-Ciornay i AM01@4D CA - 3 Ji f~ v PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTaN § { KNOW ALL MEN BY THESE PRESENTS: That SUM40M coRP. of the City of RoAetOp~ county of DENMI and State of TExAs as PRINCIPAL, and WOW SWM COMPANY as SURETY, authorized under the laws of 1 the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CI Tx or DENTON _ as OWNER, in the penal sum of TW s0N0RE0 AND sax TaDOE-AmD Two am m FJETY SEVEN and 50/100--------- Dollars 206,257.50 ) 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 16 day of NovsWWR 19 93, for the construction of HID ¢ 1557 - JIN CHRISTAL ROAD PAVING I AND DRAINAGE in the amount of $206,257.50 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 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 the Act of May 22, 1993, 73rd Leg., R.S., ch. 268, $1, 1993 Tex. Sess. Law Serv. 587, 851 (Vernon) (to be codified as Tex. Gov't Code, ch. 2253) (formerly, Tex. Rev. Civ. Stat. Ann. art. 5160), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 Y ~4rl I1 PROVIDED FURTHER, that if any legal action be filled upcn 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 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, or to the work to be performed 1 thereunder. J IN WITNESS WHEREOF, the said Pri~nnccipal and Surety have signed and sealed this instrument this 3 day of Nou:.n a a2 I 19 a , ~~Q.►, a ~ar^va,, n SWARD SURETY COMPANY Princi n Surety Title e r 7,`~~ ~T,i yvtr Title ROBERT C. FRICKE ATTY•IN•FAr Address: Address UANKcdMIONSINRIJRANth 14e19 a., o.E~.7°x ~6-2E~1 P. BOX 2125 AUSTIN, TX 78768 { i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is; (RANK SIDDONS INSURANut F. 0: BOX 2125 AI)STIN. TX 7$768 NOTE: Date of Bond must not be prior to date of Contract. r AAA0184D PD - 2 ~I PAYMENT BOND STATE OF TEXAS S COUNTY OF _DENTON S KNOW ALL MEN BY THESE PRESENTS: That SUMOUNT coRP. of the City of 8QbN= County of DENTON and the State of TEXAS , as principal, and r_ SEABOARD SURETY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto _ THE CITY OF DENTON OWNER, in the penal sum of and 50/100--- Two EtINDRED 571 TEOUS7s= Two ECMM FIFTY SEVRN Dollars 206,257.50 ) 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 1.6 day of NOVEMBER 19 93 BID / 1557 - JIM CHRISTAL ROAD PAVING AND DRAINAGE 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 the Act of May 22, 1993, 73rd Leg., R.S., ch. 268, S1, 1993 Tex. Sess. Law Serv. 5B7, 851 (Vernon) (to be codified as Tex. Govt Code, ch. 2253) (formerly, Tex. Rev. Civ. Stat. Ann. art. 5160), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 J ~i Surety, for value received, stipulates and agrees that no change, extension of time, alteration of oMition 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 waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of N9V &0 804A. 199. / SMOARD SURETY COWAWY Principal Surety _C~~~ By Title ._Secv . ~~T~~s4 r•~r Title ROBERT C, FRICKE AT Y•IN•fACT Address: f'D 2~~ /724~,) Address: E P. 0, BOX 212 - - AUSTIN, TX 78768 i I , (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURAluL P. 0. BOX 212D AUSTIN, IX 1826R AAA0184D PB - 4 I I MMNTENANCE BOND THE STATE OF TEX S S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That sum4om cog - as Principal, and SEABOARD SURM 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 TWUM TBUUSAND SIX HUNDRED TKUM FIVE and 75/100---- Dollers -20,fi2ssjs 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 SUNHOUNT CORD'. has this day entered into a written contract with the said City of Denton to build and construct BID # 1,151 - JIB CHRISTAL ROAD PAVING AND DRAMGd which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary cf said City and are hereby expressly incorporated herein by reference j 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 MB - z t accordance with said contract and supply such materials and charge the same akgainst 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 continuing one against the Prin ithat pal and fSur Surety and that s ccessive recoveries may be had hereon for successive breaches of the conditions herein provided t:ntil 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 j{ as Contractor and Principal, has caused these presents be I executed by to be and the said ARD SURETY COMPANY s U'rri- as surety, has caused these presents Attorney-in-Fact ROBERT C. FRICKE to be executed by its and the said Attorney-in-Fact has hereunto set his hand this day of VoV 6niR9W-~_. 1993 ~ SURETY: PRINCIPAL: AWWVAMRDV SWMETY CUBq ANY BY: ~l ROBERT C. FRICKE Attorpey-in-Fact AM0184D MB-2 Certified Copy SEABOARD SURETY `-A&~ N" f ~ ~ V No, 11541 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Robert C. Siddons or Robert C. Fricke or Bettye Ann Rogers or Linda Couey or Jessica Kendrick or Steven B. Siddons of Austin, Texas its true and larv lul Attorney-in • Fact, to rum"o, execute and deliver on its behalf Insurance policies, surety bonds, undertakings and other instrunn,nts of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duty executed by the aforesaid Attorney-in-Fact. Shall be binding upon the said Company as fully and to the same extent as if signet by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority i hereby given, are hereby ratified and confirmed. This appointment Is made pursuant to the following By-Laws which were duly adopted by the BDSrd of Directors of the said Company on December 6th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect; ARTICLE VII, SECTION 1: PoNeks, bonds, recognizanoaa, sapulatk m consents of surety, undlerwrlang wtderWtkps and Instnunernts felNkq #*nft. Ins uranca pol l ties, bonds, recogn l zances, stlpula lions, consen is of surely antl undo rwr Ping undertakings of the Company, and raleaaes, agreements and other writings relating in any way thereto or to any claim or loss thereunder, Shall be signed in the name and on behalf of the Company (a,r by the Chairman of the Board. the President, a Vlee-President or a Resident Vice-President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and suthori¢ed by the Chairman of the Board, the President or a Vice-President to make such signature or (c) by such office officers or representalives as the Board may from time to time determine, The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of Its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 7th day of XAY..........._.._ __..,19...91 s ~p ~aanr 1927 Attest: SEABO RD S ETY COMPANY y^~'~or (Seal~1.~~ QL7.~L By Assts eatery i e-Presidenl STATE OF NEW JERSEY as : COUNTY OF SOMERSET On this 7th,,,, day of .-May., 19.,93._., before me personally appeared Xicghoe!..4.-. kee, gdn a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who being by me duly Sworn, said that he resides in the State of Nest.- Jersey_ ; that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; thattheseal affixed to said instrument Issuch corporeteseaC that it wasso affixed by order of the Board of Directors of said Compan~ ame thereto as Vice-President of said Company by like authority. LIVDA S!,?,L'TI "QS (Seal) My r.A(:.res 1.5, 1296 0-tiltunt h^7A.: SEY Notary Pubiic I, the aSecrelaryof SEABOARD SURETY COMPANY do here at theoriginal Powerof Anorneyof which thefore,7 Ing is a lull, uuesndcorrect copy, is In lull forceandeffeci on the dateol this Certificate and I do fiethercertify that the Vico-President who exec uled the said Powerof Attorney was one of the Officers authorized by fine Board of Directors to appoint an attorney-in-facl as provided in Article VII, Sectlen 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by lacaimile under and by authority of the following resolution of the FxeCLAWS Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeliny duly celled and held on the 251h day of Mnrch 1610. "RESOLVED, (2) That tha use of a printed facs+mile of the corporate seal of the Company and of tho signature of an Assistant Secretary on any cerhhcation of the correctness of a copy of en infi rumant executed by the President or a Vice-President pursuant to Article VII. Section 1, of the By-Laws appointing and authorizing an attorney, in-fact to Sign m tho neme and on behall of the Company surety bonds, underwriting undertakings or other instruments described in said Article Vii, Section 1, with like effect as it such seal and such signalvre had been manually affixed antl mace, hereby is aulhorized and sppfoved.' N WITNESS WHEREOF, I have he nto sat my Q 50"r' da of _ yNvier hand and affixed the corporate seal of the Company to these presents This r r y 1927 , '~~~a,~te+C~e Assistant Secretary corm %I (Rev r/edl h e rn P,-u nn q1 IIIr~ 0,1 i I I „IY .III I , I I„ f /v,,r,t r pr,l lhi I , i ' i , b ,nr, , Inilr''I ~',rr i rbl CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. P 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 cc,ntractual 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 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; e 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 • 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 AFFM69A a 4 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration end defense expenses. • Liability policies shall be endorsed to provide the following; Name as additional Insured the City of Denton, Its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy end 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. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. i • Should any of the required insurance be provided under a claims-made C 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. • 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 elther double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance, • 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 lts sole option, terminate this agreement effective on the date of the lapse. Ar IVWBA REYISFD 081M) Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, end shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: W A. General Liability Insurance: General Liability Insurance with combined single limits of not less than _ IJoco,oooshall 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 I edition) is used: i • Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverages, I • Coverage B shall include personal injury, • 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: • Bodily Injury and Property Damage Liability for promisss, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AFMBA AHV= %=M I, . Insurance Requirements Page 4 Ia Automobile LiubRity Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than i ODOAOOo either in a single policy or in a combination of basic and umbrella or excess policies. The policy will Include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and moblie equipment used In conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or a all owned, hired and non-owned autos. Gd Workers Compensation Insurance j 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. f 1 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 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 unc,4r 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 015111ty insurance. Policy limits will be ' at least combined bodily injury and property damage per occurrence with a _ aggregate. APrO06BA RBVBED a102M Insurance Requirements Page 5 Fire Damage Legal Liability Insurance Coverage Is required If Broad form General LlabiNty 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. O guilders' Risk Insurance j 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. Additional Insurance 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. I AP!' &A 1EV= a1" i WORK DAYS 40 NO. JLM Christal %lad paving and Dr BID BJrLaca Phare S (Asphalt Bidl PC NO. pp BID TABULATION SHEET 2Tn11 DESCRIYTIOQ QOWMM UNIT UNIT PRIG TOTAL mwwmwnwww~ 1.21 Contractors Warranties - LS $ Z oeo /L8 and Understandings $ 7, 3.1 Preparation of P.ight-of- - IS Way 8 X00/LS S boo. 8.1 Barricades, Warring - LS S Zoo`= /LS $ o0 Si s and Detours 06o.` 4.6-A SType A Hydrated Lime 37 T /T 6 } 4.6-8 60 Lim Treatment of 29650 BY /SY ; SQ fa S ade 1 5.7-A 2 (Type 0 Asphalt Pavement 2,588 SY $ 3 S-° /8Y $ IU" A 5.7-8 4 (Type 1/2•AAsphalt Pavement 2.428 SY $ /SY $ 5.7-C 1 1/2•DAsphalt Pavement 2,428 1AY /SY S 7, • I F-5 Concrete Curb and Gutter 434 LF 8 /LP 8 y77Y,c°' Class A Concrete i8 CY $ SSO - /CY $ ~~OO oa Reinforcing steel 1,700 L8 $ p /LB $ BSc.°- 2.12.3-A 61S 5' Box Culvert 264 IF /IF $ e_ 2.12.3-B 180 RCP Storm Seger 132 LF $ Z9. /LF $ 38zS,°° 8.11-A OF-88 Guard Rail 50 LF 8 /3.• /LF $ 650,°O 3.10.7 Hydromulch 3,000 SY 8 ~O /BY •e D, $ Z, 7Ao, 3.7 Compacted Fill 12,430 CY $ 6, f r lOY $ 7?, 93o,s° 3.12 Temporary Erosion control - LS $ /LS $ 6po SP-3S Project Signs I EA $ Soc,-_/~ Sao Materials and Labor $ Incorporated into project 1 600. L, Other 9 713 Total 8L/$9 71I'ro ~M' Seeding 31000 BY S Q h /BY $ *May be substituted for-Hydromulch (3.10,7) at the discretion of the Engineer. P - 3A WORK DAYS 40 BID NO. ji m ghrimta Rod Paying and Drainage Phase I (Concrats RAI PO NO. BID TABULATION SHEET DEBCiIPTIOi QUANTITY UNZT UNIT TRIM TOTAL 1.21 Contractor Warranties and - LS S /LS S z~ ~e Understandings 3.1 Preparation of Right-of- - LS $ /~(~°=lam $ /pQa'' Way 8.1 Barricadesr Detours and - LS 2004=/L S Zoo warning_ Si ( 4.6-2 6" Lies Treatment of 21650 SY $ ~ /BY S 5035 p I Su rade 4.6-11 Type A Hydrated iime 37 T /T $ 362~c'- Slur y rN 5.7-A 2" Asphalt Pavement 1,216 sY $ 3 s^ /By $ (Type A 5.7-8 4 1/i Asphalt Pav orient 1,202 SY S g !sY $ 96/6•=~ (Type A 5.7-C 1 1/2" Asphalt Pavement 1,202 ST S 3=r /SY (TyLM D 3b 2.r 5.8-A 8" Concrete Pavement 1.248 SY $ /BY $ 8.2-e Integral Curb 374 LT ; t~/LT ' 8.3-A 4' Concrete sidewalk 84 sY $ Z$ /8Y $ I 8.3-9 6" Concrete Driveway 61 sY S 3l.µ /BY 7.4.5 Clare A Concrete is CY $ SSo.'' /CY $ 9Rao. SP-3 Reinforcing steel 11700 LB $ D s~ /LB $ f,~749,04 2.12.3-A 6'X 5' Box Culvert 264 LT $ / $ ~7~27y, 2.12.3-0 18" RCP Storm Sewer 132 LT S t9 /LT $ 39Z~ 8.11-A OT-88 Ouard Rail 5o LT /LT $ 6So.°$ 3.10.7 Hydromulch 31000 SY ; ~90 /SY ; Z 700!• F Compacted Till 12, 430 CY S /CY $ 7' 7 L~7.rA Temporary Erosion Control LS Project Signs 1 EA $ 5~ 0,/Xh ; S.dp': =ZdW,* P - 4A I 4 WORK DAYS 40 Jim christal Road Pav' d "rainaoe Phase H O. I fconcrgte 8id1 PO N BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOT11L F Materials and Labor ~10, 014 00 9 Incur rated into Project Other S {aS~$$4s fM Total s 20(p ZMsli, • - to 3.10.3" Seedfnq 3,000 SY 5 /Sy S Zl/d9 O1 i i i i i *May be substituted for Hydromulch (3.10.7) at the discretion of the Engineer. P - 5 WORK. DAYS -10 BID NO. 1857 3jm Christal Road Pavina and Drainace PhBee ; PO NO. _fj1 ucvS AJternatel BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.7 Compacted trill -12,130 CY S 6 ICY S 75, 823 r 4.6-B 6" Lime Treatment of -20650 SY $ / d /Sy $ y770 00 Sub rails 4.6-A Type A Hydrated Lime -37 T S 9P /T $ 36 zb.o° Slur 3.1 Reduction of Preparation - LS $ ~~0~ °~/LS S ~~~se of Ri ht-of-Na 1.21 Reduction of Contractors - LS $ gQr3,~/LS Warren. i Understandings 8.1 Reduction of Barricades, - LS $ O /LS S Warning Signs and Detours 5 / $ { Materials and Labor S 25 yD0•" 1 II Inoor rated Into Pro ect other S bl~ 311." _ Total S ~r9• I i P - 6 I BID SUMMARY I In the event of the award of a contract to the undersigned, the undersigned will furnish a perfozmance 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 fturnished 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 cantained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sun prices as Rhown for each item listed in this proposal, shall control over extensions. .5U4J^9aOU CONTRACTOR B /44 • r /7212 i Street Address /2,k, k, Tr 7G z{o z City and State Seal i Authorization (If a corporation) ~8+~} 7'V -aSSr, Telephone a - 1 BID SUMMARY JIM CHRISTAL ROAD PAVING AND DRAINAGE PHASE I 83 c Asphalt Bid $ I gS, J6 • , Work Days 40 Bid Price in Words ONE MusagLea ~~1.>~TY•ala~1T 'FNowsAuo ~ ~ ~ivu0tA0 610010 polLNv: AND ;1;(Y r-ewfs Concrete Bid $ 2-0x, r Work Days 40 Bid Price in Words TWO 91AW060 51x U04i-ANO 'Two uurodf owAa q»c FIL:fY CErts Deductive Alternate $ - 9 (10 211, , Work Days _ -10 Bid Price in Wordt EI(OfTI-SIX t++ov~awo 01401 )luaOUA NiNAIA" ooww+fii p,,,o an ce..Ts Compacted Fill and Li'e will be performed by City of Denton forces in the event that the Deductive Alternate is chosen by the owner. I I j i B - 2 . OGVO{~C~oCF~QD~Q~Gi~O~ , n 00 ~ ~ 4~ y4 a °a ~ o w D~~'O v r o N t t VOpp I i j f i i v i I i If i INDEPENDENT CONTRACTOR'S XGREEl1ENT THE STATE OF TEXAS S KNOW ALL .XEN BY TRESE PRESENTS i COUNTY OF DENTON S The City of Denton, Texas, a Home Rule Municipality situated in Denton County, Texas, hereinafter called "City", acting herein l)y and through its city Mtinager and DIANE BNINT, hereinafter called "Contractor", hereby mutually agree I as follows 11 SPRVZCES TO BE PERFORMEDi City hereby retains Contractor to perform that hereinafter designated services and Contractor agrees to perform the following ■ervicesi A. Instruct Defensive Driving classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTORi City agrees to pay Contractor for the services performed hereunder at a rate of One hundred and thirty and 00/100 ~ dollars ($130.00) per six (6) hoax class. I + 3. BTVDRNT FEET Contractor agrees to collect a fee from each i,ndividuel attending the school. Said fee shall be ■et by the City and shall be turned over to the City by Contractor within twenty-four (24) hours of each class. 4. NO SVPERVrSION AND CONTROL BY CITY% It is mutually ^nderstood and agreed by 4 and between City and Contractor that Contractor is an independent Contractor and shall not be doomed to be or considered an employee of the City of Denton, Texas for any purpose including, but not limited to, income tax withh.;Jldinq, social security taxes, vAcation or sick leave benefits, work-ars' 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 iq expressly understood that Contrisotor shall perform thn services hereunder in accordance with the requirements of the Texas Safety Association, Department of Public Saff;ty, and National Safety Council. 5. ¢UALIFZCATZONSi Contractor must be licensed in accordance with Tex. Rev. Civ. 5tat. Ann. Art. 41413 (29c(, "The CommerciAl Driving School Act," as amended. 6. SERVICES AND SUPPY,ZZB TO BE FURNZS39D BY CITY1 City agrees to furnish to Contractor the following services and/or suppliesa (1) Location to teach Defensive Driving Course classes and materials and a(Naipment to oonduct those classes. 01 C' t It?DEPENDENT CONTRACTOR'S AGREEMENT - Swint October 1, 1993 through September 30, 1994 Page 2 of 2 J 7, -rNSURANC&s contractor shall provide, at his or her own cost and expense, workers' compensation insurance, liability insurance, and all other Lnsurance necessary to protect Contractor in the operation of Contractor's business. S. CANCELLATIONS City and Contractor reserve the ri,nt to cancel this Agreement at any time by giving the other party thirty (30) days' written notice of its .ntention to cancel this Agreement. 9. TERN OF CONTRACTS This Agreement shall commence on the let day of Oatot'sr, 1993 and end on the 30th day of September, 1994. EXECUTED T1118 da of ~~F• L y tribe 19. q1L t ` i i CITY OF ORN TEXAS BYS~~ I L'L~ - LLO ~~,/~st7 I CIT MANAGER ATT s J TER W 6RS, CITY SECRET Y APPROVED AS TO Lr, PORMS DEBRA A. DRAYOVITCP, CITY ATTORNEY v BY P / CONTRACTORS i BYS s Arnow 9 GGG,oG~ uC4CCDCp°y,~~GO pp A y ° a o OQOO~,y r o k t 6 oOpp °OGCOOaaooo~°o i r I ~ I j I r 4 P 5 r ED CITYof DE illTOlll►TffXAS y MUNICIPAL eU1LOlN0 / DENTON, TEXAS 76201 / TELEPHONE{8t7) 866-8307 Office of the C41y Manager ~lEMQRAi~Ail`M { TO: Lloyd V. Harrell, City Manager L-ROMc Rick Svehla, Deputy City Manager DATE4 llH,ember 22, 1992 SUBJECT: Her,li,n a1td Fitnesa Assessment Program Contrai.t 1 ' ^^hia contract will be used for new hires and promotional candidates. It is my understanding it will be used by both police E;nd fire, Ai.ck vehl - - - - Y Deputy City Manager Rs:bw AK40020F 1 i d i E' ti i~ CONTRACT ! HEALTH AND FITNESS ASSESSMENT PROGRAM DENTON FIRE DEPARTMENT 1 i i E DiAsion of Occupational Medicine/Personal Health Department of Public Health/Preventive Medicine "T"* f a of Oftwpe thk Medicine May 19, 1992 C E STA'T'E OF TEXAS COUNTY OF TARRANT WHEREAS, the City of Denton Fire Department desires to have a physical health and fitness assessment program for candidates, incurnWrits, and returning to work firefighters; and WHEREAS, the Department of Public Health and Preventive Medicine of the Texas College of Osteopathic Medicine has the experience, expertise, qualified physicians, and qualified staff to perform said physical health and fitness assessments; and WHEREAS, It is the mutual desire of the Denton Fire Department and the Department of Public ' Health and Preventive Medicine of the Texas College of Osteopathic Medicine that the Department of Public Health and Preventive Medicine of the Texas College of Osteopathic Medicine provide services to the Denton Fire Department; j NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That for, and in c, asideration of the mutual covenants, promises and agreements herein contained, the Denton Fire Department (hereinafter referred to as "Contractee"), acting herein by and through its duly authorized agent, the City Manager, and the Texas College of Osteopathic Medicine on behalf of its Department of Public Health and Preventive Medicine (hereinafter referred to as "College"), acting herein by and through its duly authorized agent, the Vice President for Fiscal Affairs, do hereby covenant and agree as follows; ? 1 Services College covenants and agrees to fully perform, or cause to be performed, duce diligence, all the services requested by Contractee ai described in Exhibitg A" attached . hereto, which Exhibit is hereby incorporated herein by reference for all purposes, In the event of a conflict between Exhibit "A" and this contract, the contract shall control. College shall commence to perform its services only after Exhibit "B" and Exhibit "C" has been signet by each employee referred to it, which exhibit is hereby incorporated by reference for all purposes. College agrees to perform ,services for all firefighter candidates, incumbent firefighters, and firefighters returning to work otter injury or illness (hereafter r ;ferred to us "participant") referred to it as described in Exhibit "A". College will also pro%'de optional services and programs as noted in Exhibit "A" if requested by Contractee. College shall only perform those tests requested by Contractee for specified participants, 2• QMAKU tion Colleges compensation will be paid by Contractee In accordance with Exhibit "A" in consideration of services provided by College to specified participants. It is agreed that billing for such services re,tdered hereunder shalt be made on a bi-weekly basis and that Contractee shall send payment within two weeks following receipt by Contractee of College's written statement of services, listing the names of participants or specific optional programs which have been rendered during the previous time period. Bills will be sent to Deputy Fire Chief, James Thomason, at 217 W. McKinney, Denton, Texas, 76201. College may request a change in fees, in writing, if the pass through is directly related to cost of goods and services supplied by the manufacturer and is accompanied by documentation from the manufacturer to that effect. Contractee, through its City Manager, shall be the final authority in granting such price increase, in writing. 3. IQIMAM d Tcrn i_ T ~nation_o~1 { I The primary term of this agreement is for a period beginning on June 1, IQ92, and ending on May 31, 1993. Contractee shall have the option to renew this contract for one year thereafter, from June 1, 1993, until May 31, 1994, for the same fees set forth in Exhibit "A As outlined in the previous paragraph, fees for the one year renewal of this contract may be increased for only the actual direct increase in the casts of goods and services by the manufacturer of necessary equipment and goods for this program. Unless Contractee sends a notice to College to terminate, the contract will automatically renew on June 1st of each succeeding contract year. C'.ontractee reserves the right to make final decision of renewing the contract 30 days prior to the end of the current contract period. Contractee reserves the right to terminate this agreement at any time, with or without cause, by written notice to College with the understanding that, immediately upon the date of termination, College and its subcontractors, agents and employees shall not commence an new servi finish such services as are in progress on the date of termination. No further r services) hall and only be entered into unless absolutely necessary to wind up the work already in progress under this agreement. In the event of termination prior to completion of th work fa progress, i Contractee agrees to reimburse College for the value of services actual] the date of said termination and for the value of services necessary to wine d up work prior to in progress. In no event shall any reimbursements extent the fee schedule for such services as set forth in Exhibit "A" or the amounts listed in the previous paragraph, unless a written change in fees has been granted as noted above. College may also terminate contract with 30-day prior written notice. 4. Noticea Notice addressed to Contractee pursuant to the provisions of this contract shall be conclusively determined to have been delivered at the time same is deposited in the United States Mail, in a sealed envelope with sufficient postage attached, addressed to Uoyd Harrell, City Manager, City of Denton, 215 E. MclUnney, Denton, Terms, 76201, Notice addressed College pursuant to the provisions of this contract shall be conclusively determined to have been delivered at the time same is deposited in the United States Mail, in r sealed envelope with sufficient postage attached, addressed to Texas College of C>steopathic Medicine, 3500 Camp Bowie Blvd, Fort Worth, Texas, 75107, Attention: Director of Occupational Medicine, Department of Public Heal th/Prcvenlive Medicine. Either party may change address to which notices are to be given by providing fire days written notice to the other party. -2- 5. independent Contractor College shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of Contractee. College shall have exclusive control, and the exclusive right to control, the details of its work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees and subcontractors. 6, Liability College does hereby assume all liability for claims or suits for injuries, including death and damages to persons or property for the negligent acts or omissions of its, officer, employees, and agents in accordance with the Texas Tort Claims Act. All College licensed physicians working within the programs encompassed in this agreement shall c^.rry medical malpractice insurance coverage. Contractee shall only be responsible for the negligent acts of its employees and agents. 7. A92U"blc L&W Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this agreement, venue for said action shall lic in Tarrant County, Texas, This agreement and any action in connection herewith is and shall be governed, construed and enforced by the laws of the State of Texas. 8. YQ0•-waiver The failure of Contractoe to insist upon the performance of any term or provision of this hgreeme.t,t or to exercisa any right herein conferred shall not be construed as a waiver or relinquishment to any extent of Contractee's right to assert or rely upon any such term or right on any future occasion. 9, severabilit In case any one or more of the provisions contained in this agreement shall, for any reason, be held to be invalid, illegalhy or uncnfarc+•.ability shall not affect any other provision of this agreement, which agreement shall be construeu as if such invalid, illegal or unenforceable provision had rever been contained heieln. 10. A~;flYtltll£Bl Any unauthorized purported assignment or delegation of any of College's rights or duties hereunder, without the prior written consent of Contractoe on an assignment form, shall be void and constitute a breach of this agreement. This agreement shall be biding upon the parties, their successor and assigns. ! .3. 1 ,Y p 11• ~nlirety Of' Aareempn~ Ills written agreement and all attachments incorporated herein by reference mnstitu entire agreement by the parties hereto concerning fe the hereunder, and any prior or contemporaneous the work and services to be performed oral or written agreements which purport to vary from the terms hereof shall be void, 12. NonapDrnariation of Ponds In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then Contractee will i contract shall he terminated on theimmlast~ia day tely note College of such ccxurzern:e, and this E of the face] period for which appropriations were repcclve ceived of without penalty or expense to Contractee of any kind whatsoever, except as to the payments herein agreed upon for which funds shall have been appropriated and budgeted or• are otherwise available. I i i i i i j I i Y c N IN WnNFSS WHERFOF, the parties herein have executed this agreement multiples on this, the 14th day of May, 1992, in CITY OF D NTON BY l Date: ger~ Vice President for F i ai and Administrative Affairs _ Date; l2 , APPROVED AS TO LEGAL FORM: i ft B A. 1 ?i~yn~rPCCH CITY ATTO 5 1I E.101IBrr "A" PROPOSAL DENTON FIRE DEPARTMENT PREEMPLOYMENT, INCUMBENT ENIPLOYEEr AND RETURN-TO-WORK PHYSICALS The Division of Occupational Medicine of the Department of Public Health/Preventive Medicine at the Texas College of Osteopathic Medicine will provide the Fire Department of Denton, Texas, the following physical health and fitness assessments for firefighter candidates, incumbent firefighters, and firefighters returning to work after injury or illness. Furthermore, the Division will use the NFPA 1582-A92TCR Standards (1992 Edition) on Medical Rquirements for Firefighters (pp 414-427) as adopted by the Denton Fire Fighter's and Police Officer a Civil Service Commission on November 27, 1991 under Order X91-17 as "Entry Level Medical Standards" for the Dentrin Fire Department. I 1. COMPLETE HEALTH AND FITNESS ASSESSMENT: a. Medical History; Each participant will complete a thorough history form prior to tesNng day. A detailed history, filled out by the individual, will contain questions on the following areas: • General information s Past and Present Medical History • Allergies 0 Occupational History • Drug/Modication/Alcohol History « Family Histo • Tobacco History • Coronary Disease Risk Histo ry ~I ry Dietary History b. Physical Examination: A complete physical examination will be conducted by a licensed physician A physical examination surveys heart, lungs and abdomen, eyes, nose and throat, skin, lytnphatisA and genitalia. A neurological check is made and a muscuioskeietal examination performed, A signed problem list and recommendations for health care treatment, where indicated, completes the physical examination. The resting ECG, blood pressure and heart rate measures are then performed. Males will receive digital prostate exams, while females will be given breast, rectal and Pap smear exams. Visual exams "J also be given. c. Musculoskeleial Evaluation: A blomechanical examination will define the development of any postural asymmetries, muscle tightness of muscle weakness. Musculoskeietal Imbalance may be the heretofore undiagnosed cause of chronic pain or illness and may be corrected by adherer,ce to simple excreiseo routines. This evaluation is unavailable elsewhere and forms the basis for an individualized prescription for stretching and strength training exerclses, In addition, a standardized "sit-and-reach" test will be performed. -I- d. Graded Exercise Stress 'l'est: If there are no contraindications to stress ic• ing, a graded exercise treadmill strew test is performed. This test, performed contil"-n 4l ..,n a progressively increasing incline, places the cardiovascular system under a progrrsffc'y greater workload, and measures the heart's ability to withstand this heavier workload. The modified Balke Protocol will be used. If luiee or ankle injuries require it, it bicycle ergometer test or hand erl;ometer test will be used. i The blood pressure, heart rate and electrocardiographic reoord during this test helps to determine the presence of undiagnosed coronary artery direase, to establish the level of fitness of the individual as compared to others in his age group (according to the standards established by the Institute of Aerobics Research) and to establish ler,els of functional capacity. 7'he determination of this fitness level providcx a subsequent strategy for an individualized aerobic exercise program. All stress te►la will be conducted by qualified medical specialists and a physician shall be either in the testing room or fn the immediate area d„rinc all testing, based on the criteria described b) the American College of Sports I Medic I e. Body ysition (body fat percentage): Contenr, ry views on diet and nutrition agree that it is not body weight, but rather body composit , , that is important in assessing a healthful body characteristic. In order to measure I , l y fat and to make sutneyuent recommendations for dietary atxl exorcise change, skinfold xriilmr measures are made at seven sites and correlation formulas developed by Jackson and Pollock are used to determine this important value. f. Pulmonary Function Tests: ! The testing will include several basic measures of pulmonary function: Vital, Capaciti : This is the greatest volume of air that can be expelled voluntarily after a maximal inspiration. F4trW l3xniratoty Volume: 1 and 3 Seconds: The amount of air that can be expelled following a maximal inspiration in one and three s conds. (T'hia volume is also expressed as a percentage of the vital capacity.) Maxiroai Breathing Qpa[ty: The amount of air that can be exchanged per unit time during maximal voluntary hyperventilation. Pojik Flow: The maximum expired flow rate during forced expiration. I ..y g. Complete Laboratory Analysis: I) Urine Testing: A urine specimen is obtained and checked for possible metabolic, nutritional, infectious or renal disorders. The exam will include a microscopic and chemical analysis to evaluate color, turbidity, specific gravity, pH, protein, glucose, ketones, bile, urobillnogen, bacteria, mucous, epithelial cells, plus a WBC and RBC count. 2) Blood Tests: The blood shall be tested for possible metabolic problems, blood lipids, coronary and artery disease, coronary risk, cellular blood count and for other toxemlas, 4 anemias and other passible organ problems. The Division steal! perform a standard SMAC-24 analysis of the chemical elements of the blood and a Complete Blood Count (CBC) analysis of the formed elements of the blood. In addition, HDL-Cholesterol is measured and LDL is calculated, whirls form the elements of u coronary , risk profile. The automated nature of these testa malam it cost effective to conduct all of them, rather than to be selective, and choose individual i testa which would be more costly to perform. fE 3) Urine Drug ,Screen: 'T'his urinary screen will qualitatively detect drugs or medications which may be illegal, habit forming, or mind altering. A urinary screen allows for o higher detection rate than blood boLause the concentrations are much higher. Each positive test will be confirmed by gas chromatography/mass spectroscopy analysis. All urine teals will bo interpreted by our physicians who are all certified Medical Review Officers (MRO). Unlesr+ otherwise requested by the City, urinary drug screening will ' i ' Anw be.$gp,4 on camdldat~. I ~ The following classes of drugs "I be detected: i a) amphetamines b) barbiturates c) cocaine d) methadone e) benzodlaupines (Valium) f) prop,rxyphene (Darvon) g) phencyclidine (PCP) h) opiates i) cannabinoida (marijuana and THC) J) methaqualone f 4) Hcmoccult Analysis: Three serial samples of stool are analyzed for evidence of the I presence of blosxl in the stool as a screen ,*or gastrointestinal problems (with special 1 emphasis on the early detection of caner). f -3- i I h. Audiometric Screening; An audiometric screen of employees shall he conducted in a sound-proofed room whose background noise levels are certified to be lower than those required for testing by both OSHA and the City of Denton. The tests are conducted on each ear at a frequency range of 250 to 8000 Hertz and a Hearing Threshold Lcwel range of 0 to 110 Decibels. I, Visual acuity screening Vision will be toted at both near and distance standard measure to determine if adequate vision is present. Color vision, depth perception, and horizontal field of vision testing vvlll also be done. j. Medical results - This evil) be given in the form of a mini-consultation immediately after the i testing (if all results are available), giving the participant a quick bird's-rye view of the result I! of Ui tests. At that time, we will direct him and advise him how better to protect hie good health or achieve better health, A Pre-Placement Classification Form euill be sent to Mary Ann Stout, Department of Human Resources, within several days of examination for hiring purposes. This will be followed within a two- to three-week period with a ex-omplete written j report, which will he sent to the Deputy Fire Chief, James Thomason, at 217 W. McKinney, { Denton, Texas, 76201 on each participant tested. At some point in time (to be mutually decided), one of our physicians will come to Denton for a grouu_!,,_uftWjQg at length allowing for time for any questions that can be asked openly, and allowing additional time for confidential questions, should they be necessary. i k. Exercise recommendations - F.ach participant will be provide'.i with an exerci;o prescription. The Division shall provide an individualized prescription for exercise: and/or nutrition for each participant tested, based on the results of the physical assowunent- Each program will include elements of exercise for cardiovascular fitness, strength and flexibility, which are based on standards accepted by the American College of Sports Medicine, These prescriptions shall be presented in written form and discussed in general at the mini-consult, and more specifically at the group consultation. 1. Double View Chest X-Ray - A((,ApXjkMg will undergo a 2-view chest X-ray, Employees will only undergo a chest X-ray at the discretion of the examining physician. All X-rays will be Interpreted by a radiologist, and a bill for thtwe services will be sent directly to the Denton Fire Department at the agreed upon privy, 2. OPTIONAL SERVICES OFFERED a. Hepatitis-B Vaccination Series b. Tuberculin Vaccination -4- fr c. 'Weight Control Program - The Division offers the Medifast Weight Management Program for Fire Department personnel, Mcdifast is a comprehensive, physician-supervised weight 10" Program utilizing a chemically defined nutritional support formula supplement. Entry into this program is optional and the method of payment and costa are negotiable, d. Health Education Services - the Occupational Division offers the Denton Fire Department educatiomal services during the life of our contract. Upon request, the Division will make available en appropriate faculty member, who vdll provide an educational series to the Department, A list of potential educational subject matters e<Atled "Services Offered by Department of Public health/Preventive Medicine, Texan is available College of Osteopathic Medicine" . e. Medical Director - Upon request, the Division will assign (at no cost) a physician who will be designated Medical Director to the City of Denton Fire Department- It shall be his responsibility to make himself available to the City of Denton to advise and ixnnsult with them on any medical issuca concerning the Fire Me partment of the City of Denton. He x711 bw the "contact person". It will be the Medical Director who wili call the Cit., of Denton I to report on the results of the teats (,as soon as feasible) in a verbal manner, He also will I" be responsible for mailing ki the city, again at the earliest possible time, a written i E confirmation of that participant's passing or failing of the physical exam and drug screen, I 3. FEE SCHEDULES a. Firefighter Candidates I 1) Health and Fitness Assessment $185.00 2) Drug Screen (10 drugs) 00 F 3) 'No-View Chest X--ray 40. Total 260,00 b, Incumbent and Return-ta-Work Firefighters 1) Health and Fitness Assessment $185,00 c. Optional Procedures 1) Pap Smears (female officers) 2) Tlnbcrculin 'rest N/C 3) Hepatitis B Series (series of three) 10.00 225.00 d. Medical Director N/C hii> ,-7e na r] I~ EXHIBIT "BK RELEASE OF PARTICIPANT DATA I, the undersigned, do hereby authorize the agent known as the Department of Public Health and cMedicine onduct of bat ery Texas College of Osteopathic Medicine, herein after referrcd of tests to determine my health risk, and/or fitness kNeL to as Preventive I also authorize TCOM to furnish the results from the same tests to the designated officials within the Denton 'Fire Department, Denton, Texas in order to create and maintain a hulth and fitness database based upon this important information. Signed: Date: Date: Witnessed: I (Revised 05/19M2) S j~ tI EXHIBIT "C" I EXERCISE ECG CONSENT I, _ J authorize Doctor(s) { and/or and such assistants he may designate, to administer and conduct the w: dse (stress) electrocardiography ('ECG) test. 1 This test is dailgned to evaluate the presence or absence of significant heart disease and/or to measure my physical fitness for work and/or sport. { I understand 1 will walk on a motor-driven treadmill. During the performance of the exercise ECG test, my electrocardiogram will be monitored and my blood preasur. will be measured and recorded at periodic intervals. The exercise will be progressively increased according to the standard schedule until I attain a predetermined end point corresponding to moderate exercise stress, or f become distressed in any way or develop any abnormal response, whichever of the above oc can first. I may request that the test be discontinued at any time. Every effort will be made to conduct the teat In such a way as to minimize discomfort and risk. However, I understand that just as with other diagnostic tests there are possible potential complications associated with the exercise ECG test. Thesc include weakness, transient lightheadedness, fainting, chest discomfort, leg cramps, and palpitations. On rare occasions (approximately 2.3 per 10,000) heart attack (myocardial Infarction) or sudden death (approximately f per 10,000) may occur. I further understand that the laboratory Is equipped to deal with them potential compfications and that its professional personnel are trained to administer emergency care as needed. Signature: Date: Witness: (Revised 11/15/91) nq~wax. I a S o~o~c o°°aaoc8 Qo(,o r°?n~ o a oooo~ooo~a u ooUOOOO~~Y oaaaa i ~ I~ I 1 r I 5 F 3 { far Texas Department of Transportation.::.,,. P.O, BOX 3067 • DALLAS. TEXAS 75221.3067 (214)190.6106 2624 w. Prairie Denton, Texas 76201 P - 1993 817/387-1414 September 7, 1993 uN Control: 0196-01-064, Etc. Project: NH 93(4)R, Etc. Highway: U.S. 77, Etc. County: Denton Mr. Rick Svehla Deputy City Manager City of Denton 215 E. McKinney Denton, Texas 76201 i Dear Mr. Svehla: Attached is one original of the Escrow Agreement for the above project. Sincerel , I(i . ee.'claud P. Elam III, P. E. Area Engineer t Id Attachment. ,In lraliiAl UP; ~~MUnity ~rrrployer I V1 f I r NH 93(4)R 0196-01-064 Denton County STATE OF TEXAS COUNTY OF TRAVIS Q~t THIS AGREEMENT is made thin day of +1 1993, by and between the City of Denton, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its Texas Department of Transportation Commission. I I kf WHEREAS, the City desires the construction of placing colored texturized concrete in exlating median, replace some curb on the median and remove portion of existing raised concrete median and incidental Items with ;n the limits from Station No. 62 + I 49 to Station No. 63 + 92 on U, S. Highway No. 77, and the State hill, among other things, provide for the construction of this work within these limits and the City will I contribute a fixed amount of Five Thousand Nine Hundred Seventy and 481100 Dollars (05,970.48), In payment for their portion of this work as outlined in Field Change Request No. 3 NOW THEREFORE, it is understood t;1at this proposed work as outlined In Field Change Request No. 3, will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warren' or check made payable to the Texas Department of Transportation in the amount of Flve Thousand Nine Hundred Seventy and 48/100 Dollars (95,97048), to be used in -1. F Gi 4lq h fi , 4 NH 93{4)R 0196-01-064 Denton County paying for the proposed additional work required by the City. It Is further understood t } that the State will construct only those items for the City as requested and it is further J f€ understood that the contribution of Five Thousand Nine Hundred Seventy and 48/100 Dollars ($6,970.48) by the City shall be a fixed amount for their share of ~ tha work. iII f 1 i i i ~i .2- 'Y. LN.YYr NH 93(4)R 0196-01-064 Denton County IN TESTIMONY WHEREOF, the parties hereto have caclsed these presents to be executed In duplicate on the day above stated. ! ' CITY OF DENTON TEXAS DEPARTMENT OF P of the First Part TRANSPORTATION Party of the Second Part /j Certified as being executed for the Ci Mana'ger/Mayor purpose and effect of activating and/or 1 carrying out the orders, established By, policies, or work programs heretofore Member of City Council approved and authorized by the Texas - Department of Transportation By: Commission under the authority of Member of City Council Minute Order 100002. By: g bh Member of City Council By; f 9 j By: r ract Administration " Member of City Council ATTEST: Cl ark/City Secretary APPROVED AS TO FORM, i I :r , ~1 ,j k l I , I ~ ~ . ~ ~ i~ j , ! ~ t' { i ' { i i ~ , ~ 'I i :ii i i 1