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Home My WebLink AboutCONTRACTS_AGREEMENTS P yf I THE STATE OF TEXAS § PAD SITE AIRPORT LEASE BETWEEN THE COUNTY OF DENTON § CITY OF DENTON AND ACME AUCTION, INC. This agreement, hereinafter referred to as "Lease" is made and executed this 1st day of September, 1990, at Denton, Texas, by and between the CITY OF DENTON, a municipal corporation of the State of Texas, hereinafter referred to as "Lessor", and ACME AUCTION, INC., with its principal offices at 401 Pennsylvania, Denton, Texas, 76205, hereinafter referred to as "Lessee". i1 1. CONDITIONS OF LEASE A. Non-Discrimination. The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a 1 covenant running with the land that: (1) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied • the benefits of, or otherwise be subjected to e discrimination in the use of said facilities. (2) In the construction of any improvements on, over, or 'j under such land and the furnishing of services thereon, no person on the grounds ~~f race, religion, color, sex, or national origin shall be excluded from participation ,,F r in, denied the benefit:, of, or otherwise be subjected to discrimination. t. (3) The Lessee shall use the Premises in compliance with I' all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transpor- tation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said t Regulations may be amended. In the event of breach of any of the above non-discriminatory ; covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and fff hold the same as if said Lease had never been made or issued. ' ! B. Public Areas,' (1) Lessor reserves unto itself, its successors and { t assigns, for the use and benefit of the flying public, a right of flight for the passage of aircraft above the } surface of the Premises described herein, together with j' the right to cause in said airspace such noise as may + 3, be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said ! # airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. ° 7~RFCt~ICQ1~'R~ptvdYltw:r'...3. JtY~ .n N, k a . , r ' FF_ ! 1 (2) During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States G^.vernment for military or naval use, and, if such iaaae is executed, the i provisions of this instrument insofar as they are L) i inconsistent with the provisions of the lease to the Government, shall be suspended. (3) Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of } the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to. be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness or safety of the Airport or constitute a hazard to aircraft or to aircraft navigation. (4) This Lease shall be subordinate t...) the provisions of ~j ar.y existing or future agreement u:tween Lessor and the f United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES _ i Lessor, for and in consideration of the covenants and s agreements herein contained to be kwpt by Lessee, does lease to j ? Lessee, and Lessee does hereby lease from Lessor the tract of land t; as shown as Lot 17 in Exhibit "A", attached hereto and incorporated herein by reference, described as follows: ALL that certain lot, tract or parcel of land situated in the { ! Y' William Neil Survey, Abstract No. 970, Denton, County, Texas; ~ said tract being part of a tract shown by deed to the City of - Denton as recorded in Volume 305, Page 216 of the Deed Records of Denton County, Texas, and being more fully described as follows., at the southeast corner of the tract being COMMENCING described herein at an iron pin; said iron pin also being the 3 southeast corner of said City of Denton tract, the northeast corner of a tract shown by deed to M. T. Cole as recorded in Volume 243, Page 572 of the Denton County Deed Records, in the i east line of said Neil Survey, and the west line of the J. Hardin Survey, Abstract No. 1656, Denton County, Texas; l THENCE south 89 degrees 46 minutes 07 seconds west, along the ` south line of said City of Denton Tract, and the north line of a said Cole Tract, passing at 1534.03 feet the northwest corner of said Cole Tract, the same being the eastern northeast corner of Tract I of an additional tract shown by deed to the ; City of Denton as recorded in Volume 871, Page 137 of the Ii Page 2 1 f ' cif{{~plf,#ydjpRi'1FiML'~f.:S j..qy ~ir.7:F:.AI • '•::,:~i.,1 p : +.a.: s'.. . r..::. •.i. ....t ,•H'Wl%fti.. 11 i I FF 4. 1II Denton County Deed Records, continuing along said course, in all a total distance of 1620.57 feet to a set monument for a corner; THENCE north 01 degree 23 minutes 50 seconds east, a distance of 817.43 feet to a set monument for an ell corner; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 325.0 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance of 155.0 feet to a point for a corner; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 150.0 feet the point of beginning; THENCE south 88 degrees 36 minutes to seconds east, a distance of 50 feet to a point for a corner; THENCE south of degree 23 minutes 50 seconds west, a distance , a corner, of 40.0 feet to a point for f THENCE north 88 degrees 36 minutes 10 seconds west, a distance 4 of 50.0 feet to a point for a corner; M THENCE north 01 degree 23 minutes 50 seconds east, a distance j of 40.0 feet to the Point of Beginning and containing 2000 ` square feet of land. For the purposes of this Lease, the term "Premises" shall mean the property located within the land described above. 4 ( x`` III. TERM The term of this Lease shall be for a period of fifteen (15) YL years, commencing on the 1st day of September, 1990, and continuing ' through the 30th day of August, 2005, unless earlier terminated under the provisions of the Lease. ' IV. RENTALS AND PAYMENTS Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments and rentals and fees as follows: 7' ' A. First Year Rent. Lessee shall pay to the Lessor rent for the use and occupancy of the Premises for the first year of this Lease the sum of twelve cents ($0.12) per square foot per year, for ' i a total of Two Hundred Forty and No/100 Dollars ($240.00), to be # ~s paid in two (2) equal installments in the sun of One Hundred Twenty i i Dollars ($120.00) each six (6) months, with the first payment to be { ;Wade upon execution of this Lease and the second payment due on or i + t' ~r Page 3 I r ~r 1.1 r 1 i before March 1, 1991. Thereafter, payments shall be due on , September 1 and March 1 of each year of the Lease. B. Annual Adjustments to Rent. For subsequent years, as promptly as practicable after the end of each lease year, Lessor shall compute the percentage of increase, if any, in the cost of r living during the period between the beginning date and each September 1 thereof during the term of this Lease, based upon the changes in the Consumer Price Index for all items - U. S. Average (1982=100) (herein called "Consumer Price Index"), as determined by the United States Department of Labor, Bureau of Labor Statistics for "All Items". It is agreed that the Consumer Price Index Number at the commencement date of this Lease is 123.8 (June, 1990) (herein called "Base Index Number"). If the Consumer Price Index Number for the following June, and each June thereafter for the remainder of the lease (each such number being herein called an "Anniversary Index Number") is higher than the Base Index Number, then such Anniversary Index Number shall be divided by the Base Index Number and from the quotient thereof shall be subtracted the integer one (1). The resulting number, multiplied by one hundred, shall be deemed to be the percentage of increase in the cost of living. Such percentage of change shall be multiplied by the Basic Rental and the product thereof shall be added to the Basic Rental to determine the annual rental payable for the next one year period commencing on the immediately preceding anniversary of the beginning date (such amount being herein sometimes called "Adjusted Basic Rental"). Such Adjusted Basic Rental shall be calculated in the above manner during each subsequent year of the Lease Tema. Lessor shall y attempt, within a reasonable time after obtaining the appropriate data necessary for computing any change in the annual rent, to give E Lessee notice of any change so determined. Lessee shall notify Lessor of any claimed error therein within thirty (30) days after receipt of such notice. If there is a change in rental, Lessee agrees to pay the adjusted rental beginning on September 15th of each annual term of the Lease. If publication of the Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept the comparable statistics on the cost of living for the City of Dallas, Texas, as they shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority, then to be selected by the parties hereto. As an example, only, of the foregoing adjustment: 1 a. Assume Basic Rental is per acre $100.00 per year, ° b. Assume Basic Index Number is 200, i c. Assume Anniversary Index Number on the anniversary date of the commencement date is 3000 i Page 4 i t' r ""~1~'AIHcM ~JMti:.U✓{Yn}.: iY a'nv..,. . . r.. .....,r-~.., n.,.. r.......:.pWV+4R'Vil.Ir'64J X..~r~1.a .'MY C'MyLir~L~ i r F F.1 i r t i then, based upon the foregoing, the Annual Basic Rental shall V be: 4 Anniversary Index Number 300 Divided by Base Index Number 200= 1.5-1= .5x100=50=50% 50% x loll = 50.00 V 50.00 + 100.00 - $150.00, Adjusted Basic Rental. If there is no increase in the Consumer Price Index, the rental r ~ shall remain at the rate of the previous year. V C. Payment and Penalty. All payments made hereunder by Lessee shall be made to Lessor at the offices of the Finance Department of the Lessor of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notified to the contrary in writing by Lessor. All semi-annual rental payments, other than the first rental, shall be due and payable as set forth in Section A hereof ~ s and shall be paid by Lessee without demand or notice from Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Premises. Lessee is granted the right to use the Premises for the storage of aircraft owned or leased and operated by the Lessee. Lessee may not use aiy portion of the Premises for any other use. B. General Access to Premises. Subject to the reasonable t rules, regulations, or directives of Lessor, Lessee shall, in common with others so authorized, have the nonexclusive right and { r} privilege over and through the Airport property and the right of ingress to and egress from the Premises for its employees, agents, guests, and invitees, suppliers of materials and furnishers of services. C. Standards. During the Lease term, Lessee shall cor;iy with the following requirements and standards: (1) ,address. Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where its authorized official can be reached in an emetlency. (2) utilities, Taxes An Fees. Lessee shall meet all i expenses and payments in connection with the use and I occupancy of the Premises and the rights and privileges i herein granted, including the timely payments of i I utilities, taxes, permit fees, license fees and 1 assessments lawfully levied or assessed. Lessee herein y agrees to timely pay to all lawful taxing authorities an ad valorem property tax on all improvements ff, constructed by the Lessee on the Premises, and to ~ t Page 5 ! i r t F Frr T ' .1 comply with all tax laws pertaining to the Premises, including those promulgated in the future. (3) Rules Regulations and Restrictions. Lessee shall ` comply with all laws, codes, ordinances, rules, and regulations, either existing or those promulgated in the future, by the Lessor, the County of Denton, the State of Texas, the United States of America, and the Federal Aviation Administration, or their successors applicable to the Premises or use thereof. T,esseeIs use of the Premises shall at all times be in compliance with and subject to any covenants, restrictions, and conditions of record pertaining to the use and occupancy of the Premises. Lessee shall not operate or permit the operation of any transmitter devices, electrical signal producers, or machinery on the Premises which could interfere with the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall not j ; be permitted to engage in any business or operation on the Premises which would produce obstructions to t., visibility or violate height restrictions as set forth by the Federal Aviation Administration or the Lessor. s' (4) Height Restriction And Airspace Protection. The Lessee i~ - agrees for itself, its successors, and assigns to r y> restrict the height of structures, objects of natural growth and other obstructions on the Premises to a } height as established in City of Denton Ordinance 81-1, as the sane may be amended from time-to-time. The ' Lessee also agrees for itself, its successors, and assigns to prevent any use of thn Premises which would interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the Premises. 4 (5) Maintenance. Lessee shall be responsible for all maintenance and repair of the Premises, including buildings, structures, grounds, pavements, and utilities. Lessee shall be responsible for grass cutting, collection and removal of trash and for such other maintenance requirements as may arise. Lessee agrees to keep the Premises, together with all improvements, in a safe, clean and attractive condition at all times. Lessee shall not change the original color or texture of the exterior walls of any structures or improvements without the written consent y' of Lessor. i 3 (a) Painting of Buildings. During the term of this ? Lease, Lessor shall have the right to require, Page 6 + I i I a i I i not more than once every five years, that the exterior of each hangar or building located on the Premises be reviewed by the Airport Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary. If the Airport Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessor's specifications (to specify color of paint, quality of paint, number of applications, quality of workmanship and the year and month in which each hangar or building is to be painted, if needed). Lessee shall complete the painting in accordance with such specifications within six (6) months of receipt of notice from Lessor. Lessee agrees to pay all costs of the required painting. Failure of Lessee to complete the painting E required by Lessor's City Council within the six (6) month period shall constitute Lessee's default under this Lease. Lessen shall not utilize or permit ` - (b) Storage. others to utilize the Premises for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from t the appearance of the Premises. tf t'' (6) o±'it Possession. Lessee shall quit possession of the Premises at the end of this Lease, and deliver up the Premises to Lessor in as good condition as existed when s - possession was taken by Lessee, reasonable wear and tear excepted. ;o (7) Chemicals. Lessee shall properly store, collect and dispose of all chemicals and chemical residues; properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and i paint products; and comply with all local, state and federal laws and regulations governing the storage, handling or disposal of chemicals and paints. Lessee , shall not utilize, store, dispose, or transport any } material, fluids, solids or gaseous substances on the Premises which are considered by the Environmental 3 Protection Agency to be a hazard to the health of the 1 general public and undertake any activity on the { Premises that would produce noxious odors. f (8) Signs. Lessee shall not place any signs on the r premises identifying Lessee. 1 ,t Page 7 y. ♦.~.Y.+4YblA M!rNM1Y/M'?11~a~MTi.~/Yl..w~~.i~~~ ~~1y'/~.~N'l1►'IYi~'IM-Sil.ri•Mws.::w.M Uarl..v..,.:v...'n.. u... .w r,~~.~..-.-.... i 1 .1 1 ~I SUM " i it 1 (9) Use of Runways and Taxiways. That because of the present fifteen thousand (15,000) pound continuous use weight bearing capacity of the taxiways of the Airport, Lessee shall limit all aeronautical activity including j landing, take-off and taxiing, to aircraft having an l actual weight, including the weight of its fuel, of f fifteen thousand (15,000) pounds or less, until such t tine that the designated taxiways on the Airport have t { been improved to handle aircraft of a greater weight. j Should Lessee disregard the provisions of this section, J Lessor may immediately terminate this Lease. Lessee agrees to pay to Lessor upon demand for any damage, as determined by Lessor, to Airport property that results from a violation of this section. (10) Parking, The parking of motor vehicles on Airport property by Lessee, Lessee's guests or invitees, shall be subject to any regulations, restrictions or 1 directions imposed by Lessor. r C. Conn,~_r,_tion to Utilities. Lessee may connect to any exist- ing water rains serving the Premises, in accordance with and upon payment of any tap or connection fees, as specified by Lessor's ;i ordinances applicable to utility customers, provided, however,` 1 Lessee shall not be liable to Lessor for any water or sewer pro ! rata payments as a result of the connections made. VI. RIGHTS AND OBLIGATIONS OF LESSOR j j' A. Peaceful Enjoyment. That on payment of rent, fees, and { performance of the covenants and agreements an the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy . the Premises and all rights and privileges herein granted. B. Fa,_semF~atV% Lessor shall have the right to establish easements, at no cost to LPSeQe, upon the Premises for the purpose F of providing utility services to, from, or across the Airport j property or 'or the construction of public facilities on the Airport. However, any such easements shall not interfere with 1. Lessee's use of the Premises and Lessor shall restore the property { to its original condition upon the installation of any utility services on, in, over or under any such easement at the conclusion f of vitch construction. Lessee shall not have the right to levy j 4 fees, charges, or receive any compensation for any exercised right ; of easement by Lessor or Lessor's authorized agent. VII. LEASEHOLD AND TAXIWAY IMPROVEMENTS IEprovemants by Lessee. Lessee shall construct upon the # Premises, at his own cost and expense, an aircraft storage hanger Page B r t f I, f A 1 and connecting taxiway which shall meet a fifteen thousand (15,000) pound continuous use weight bearing capacity. B. ReUired Building Plans. Lessee shall, prior to constructing any improvements on the Premises, submit to the Lessor for its approval, detailed construction and building plans aml specifications for the proposed improvements. The required plat and plans shall be submitted in the fors and manner specified by Lessor's ordinances and Lessee shall, at the time of submission, pay all processing, permit, and approval fees applicable thereto, as specified by Lessor's ordinances. Any building, hanger, or other improvement plans and specifications submitted for initial construction, or any additional improvements to be made thereafter, shall conform to the following requirements: (1) Buildings, hangers, or structures shall conform with and be compatible with the overall size, shape, color, quality, design, appearance, and general plan of the program established by the Lessor's Master Plan for the Airport, as approved by the City Council, copies which are on file at the office of the Airport Manager and the City secretary. (2) The regulations and requirements of the Lessor's Building, Fire, Electrical, Plumbing, and other applicable Codes and ordinances of Lessor applicable to the improvements to be made. (3) All buildings, including hangers, shall be designed and i constructed so as to have an anticipated life of at least fifteen (15) years. (4) Any rules or regulations of any Federal or state agency having jurisdiction thereof. Otis y`. (5) Contain the estimated cost of the construction of the improvements to be made. i (6) All hangars shall be constructed on a concrete slab. C. Approval of Plans. Within sixty (60) days of proper ~ submission of the plans, and payment of the applicable fees, Lessor shall approve or disapprove the plane. Should Lessor fail to approve or disapprove of the required pl..s within the sixty (60) t days, the plans shall be deemed approved. Should the Lessor timely 1 disapprove the plans, it shall give notice to the Lessee of the reason for the disapproval. No construction of any improvements shall begin until and unless the plans and specifications are approved by Lessor. D. Airplane Taxiway Access. Lessee shall be responsible for i ? I the maintenance of the taxiway access provided, and shall keep the taxiway in good condition, free of obstructions and defects. The Page 9 3 ; ~ 1 ,v.+x.r• ~w..., -.:v..• ~ .~a.r:.ww.+.vzw.y.hk~tl.lt:Kli*AJ.itlGNtiiyJY•.d~ i rC. J 40 0. I r 9 1 h, t I j use of the improved taxiway access shall be subject to the reasonable rules, regulations, or directives of Lessor. ' • E. Right of Lessor to Purchase Hangar or Building. In the event that Lessee should elect to sell his hangar situated upon the 1 Premises at the time Lessee has the authority to do so, Lessor shall first be offered the right to purchase the improvements at a i value determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee, and j one appointed by the two appraisers. The costs of the appraisal shall be paid by Lessor. Within sixty (60) days of the delivery of a written appraisal report by the appraisers to Lessor, shall notify lessee in writing of its decision to purchase all or part of the hangers or buildings to be sold. If Lessor exercises its right to purchase, it shall make payment to lessee of the appraised value of the buildings or hangers to be purchased within thirty (30) days of the written notice. i F. Removal of Hangars. In the event that Lessee should remove the hangar from the Premises, where such removal is authorized by this Lease, Lessee herein agrees to comply with the following terms: (1) Prior to commencing the hangar removal process, the i' y Lessee and Lessor shall agree on the best method to remove the building, including where to cut water ? lines, electrical wire, plumbing and other fixtures or utilities so as to cut said fixtures to allow the future use of these fixtures. r: (2) The hangar shall be removed completely from the surface of the concrete slab and up, with the exception of cut utility lines. All interior fixtures shall be removed j including sinks, commodes, dividing walls and all other items or fixtures that would prevent the concrete slab 1 from being as free as possible from all obstructions. 1 (3) Removal of hangars shall begin and be completed prior to Lisseets designated termination date. (4) The hangar slab, the aircraft parking apron, the taxiway, and all other improvements on the Premises shall remain on the Premises and shall become the ! f r t property of the Lessor without cost to Lessor. v ~ (5) Lessee shall be responsible for the removal of all refuse and debris from the Premises prior to vacating the Premises. } r (6) Lessee shall be responsible for all costs involved in the removal of the hangar, including costs of permits j or fees. y: I F Page l0 - r J w•••~a•uY.b.aryN+run,..♦a.. buiv-:v',...L<vv.:b`-n\4.w ♦AM.L *YLTIOI M]t4YC MYti~M'• r v I ` J ; I ^ f 1 1 eKt I `)y 1 f ~45, } rt (7) Lessee shall be responsible for any damage caused to I i any improvements on the Premises during the removal process, and Lessee herein agrees to repair or replace, at Lessee's expense, any improvements damaged by Lessee during the removal of said structures. { i VIII. SUBROGATION OF MORTGAGEE Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (804) of the cost of the capital improvements. The terms and conditions of such mortgage loan shall be subject to the approval of Lessor and Lessee shall submit copies of the loan documents, including the loan application, to Lessor. If Lessor approves the loan, Lender's duties and rights are as fellows: (1) The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of Lessor. Lender's obligations under this Lease j as substituted Lessee shall cease upon assignment to a third party as approved by Lessor. (2) As a condition precedent to the exercise of the right granted to Lender by this paragraph? Lender shall notify Lessor of all action taken by it in the event payments on f such loans shall become delinquent. Lender shall also notify Lessor, in writing, on any change in the identity or address of the Lender. (3) All notices required by Article XI herein (Cancellation by Lessor) to be given by Lessor to Lessee shall also be given by Lessor to Lender at the same time and in the same manner provided Lessor has been furnished with written notice of Lender's interest and its address. Such notice j shall be given to the City Secretary and the Airport Manager. Upon receipt of such notice, Lender shall have the same rights as Lessee to correct any default. ' IX. INSURANCE A. Lessee shall maintain continuously in effect at all times during the term of this Lease or any extension thereof, at Lessee's t l expense, the following insurance coverage: (1) Comprehensive General Liability insurance covering the ' Premises, the Lessee, its personnel and its operations I on the Airport, for bodily injury and property damage in the minimum amount of $250,000, combined single limits on a per occurrence basis. Page 11 l 4040" 9WAMI 0A , 1 J ~ , f i (2) Fire and extended coverage for replacement value for i~ all facilities used by the Lessee either as a part of I this Lease or erected by the Lessee subsequent to the execution of this Lease. y I A. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the Lessor, copies of which shall be provided to Lessor. The policies shall name the Lessor as an additional named insured and shall provide for a minimum of thirty (30) days written notice to the Lessor prior to the effective date of any cancellation or lapse of such policies. J C. During the term of this Lease, and not w;.re often than once every five (5) years, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance reoviremer-.:s as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at cther public use airports similar to the Airport in size and in scope of aviation activities, located in the southwestern region of ' the United States. For the purpose of this Lease, the Southwestern 1 region of the United States shall be the states classified as the southwestern region by the Federal Aviation Administration. D. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this Lease, including i types of insurance and monetary amounts or limits of insurance, and ; to comply with said insurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. X. INDMITY A. Lessee agrees to indemnify and hold harAless Lessor and its agents, employees, and representatives from and against all lia- bility for any and all claims, suits, demands, or actions arising from or based upon intentional or negligent acts or omissions on { the part of Lessee, its agents, representatives, employees, mem- bers, patrons, visitors, contractors and subcontractors, or sublessees, if any, which may arise out of or result from Lessee's [ occupancy or use of the Premises or activities conducted in connection with or incidental to this Lease. S. This Indemnity Provision also extends to any claim or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon r' the Prextses, any and all such defects being expressly waived by Page 12 ! r r Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, or actions based upon or arising from any such claim asserted by or on } behalf of Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors, or sublessees, if any. C. Lessee agrees to give thc: Lessor prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Lessee or the Lessor. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to Lessor and not an exclusive remedy. XI. CANCELLATION BY LESSOR f All the terms, restrictions, covenants, and conditions ' pertaining to the use and occupancy of the Premises are conditions '=a of this Lease and the failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants, and conditions j shall be considered a default of this Lease, and upon default, the E~ Lessor shall have the right to invoke any one or all of the following remedies: A. In the event that Lessee fails to comply with any of they terms, conditions, restrictions and covenants contained,in this Lease, such failure shall constitute an event of default under the , #sr. L Lease, and Lessor shall give Lessee notice of said breach, and request Lessee to cure or correct the sane, Should Lessee fail to fff y,_ e• correct said violation(s) or breach within thirty (30) days t? all following receipt of said notice then Lessor shall have the right to terminate this Lease. Should this Lease be terminated by Lessor for failure of Lessee to correct said breach or violation within cx 5r Lessee shall forfeit all rights for the thirty (30) day cure time, all improvements on the Premises and all improvements on the *!T Premises shall become the property of the Lessor. B. In addition to termination of this Lease for the breach of ; terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reasons: , (1) In the event that Lessee shall file a voluntary l petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings or any court shall take jurisdiction of Lessee and its asses pursuant to proceedings brought 'r under the provisions of any federal reorganization acts or if a receiver shall take jurisdiction of Lessee and r its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Lessee's assets is appointed. Page 13 , 1 fpp ~cu . T h (2) In thLease,~ for that Lessee make an assient of any easonshwithout the approval of and this written consent from Lessor. { C. Upon termination or cancellation of this Lease and provided E all monies due Lessor have been paid, lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements. Lessee shall remove all personal property from the Premises within ten (10) days after the termination. If Lessee fails to remove its f personal property as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. :r ;i r Where, upon termination of the Lease, the fixed improvements become the property of Lessor as provided herein, Lessee shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Premises fn a neat and clean condition with all other improvements t place. in D. Failure of Lessor to declare this Lease terminated upon the ` j default of Lessee for any of the reasons set out shall not operate l to bar, destroy, or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. The ! acceptance of rentals and fees by Lessor for any period periods after a default of any of the terms, covenants, and conditions ± herein contained to be performed, kept, and observed by Lessee shall not be deemed a waiver of any rights on the part of the v,t Lessor to cancel this Lease for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to s be performed, kept and observed. x^ \ XIZ. CANCELLATION BY LESSEE ` • Lessee may cancel this Lease, in whole or part, and terminate ! z all or any of its obligations hereunder at any time, by thirty. (30) days written notice, upon or after the happening of any one of the f following events: -yl rport or any p art thereof for restraining the or Airport purposes; issuance of said Ai ~ (2) the breach by Lessor of any of the covenants or agreements f contained herein and the failure of Lessor to remedy such, yr` breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; n« (3) the inability of Lessee to use the Premises and facilities ' continuing for a longer period than ninety (90) days due to any law or any order, rule, or regulation of any appropriate governmental authority having jurisdiction Page 14 t Pon, + over the operations of Lessor or due to war, earthquake or other casualty; or the United States Govern- j (4) the assumption or recapture by went or any authorized agency thereof of the Premises for ; the maintenance and operation of said Airport and ' facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the ;I ' preceding paragraph, such that the Premises cannot be used for authorized purposes, then Lessee may cancel this Lease as afore- said, or may elect to continue this Lease under its terms. XIII. OPTION } Lessee shall have a first option to lease the rem the Lessor additional term at the end of this Leas months before the end of ' notice, in writing, not later than six (6) t`~ the fifteen (15) year term. Should Lessee choose to exercise such f ' option, he shall have the right to sign a new lease for five (5) years for the Premises at the then current land rental rates 1 established by Lessor. I ~ XIV. 'MISCEMANEOUS PROVISIONS 3 The Lessee shall not rent, or • Assi ~ ~k, a*f ind or ~Ii~• A sublease the Premises or assign happroved by without Lessor first any sublessee ij the written consent of Lessor. If ` or assignee shall be subject to the same conditions, obligations and terns as set forth herein. ' ML~M All covenants, agreementsp ( s provisions and conditions of this. Lease shall be binding upon and inure to the benefit of the respective' parties r s. No t hereto and their legal representatives, successursn either nparty , r modification of this Lease shall be binding Po unless written and signed by both parties. f C. $evarabilitY. if any provision hereof shall be finally, y court or administrative agency declared void or illegal by an having jurisdiction, the entire Lease shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. ff. D. notice given by one party to the other ir. J connection with h Any this Lease shall be in wra shall be ' registered mail, return receipt requested, registration fees prepaid, as follows: , 1i j I al 1I ' Page 15 i i c i r r t _ . F T If to Lessor, addressed to: If to Lessee, addressed to: city Manager Acme Auction, Inc. ` City of Denton 401 Pennsylvania r 215 E. mcxinney Denton, Texas 76205 Jim Hutchinson ` Denton, Texas 76201 Attn: I Notices shall be deemed to have been received on the date of f receipt as shown on the return receipt. The headings used in this Lease are intended for G. Hsadinas. convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. k :..i H. Governing Law. This Lease is to be construed in accordance with the laws of the State of Texas. i IN WITNESS WHEREOF, the parties have executed this Lease as of k the day and year first above written. CITY OF DENTON, TEXAS, LESSOR 1 ~ BY • o .Harrell, City K tiger ATTESTS Y>, r Nl Jennifer Waltarso City Secretary BYs r ` APPROVED AS TO LEGAL FORM: r, Debra A. Drayovitch, City Attorney 1 F Y < ~ Y HY: r ACME AUCTION, INC., LESSEE ' BY: J m %ttbhinson 9 n. r F~ Page 16 f C T rt i r 3 owl m f co 410~i Gi •.rr•h • V r - .I In '(yam V) 110` Esss:nENT f - i la 78.26' f 1 '~i• 13 A~~ ~s`'~ h~ '2 '08 1 O A• I CM N 77.24' 13• V 3 •1 Q ~ ail 8 I I 1 .t ~ g I~ V ~ ~ ~ m l t ' ~ I H ~S 88.35' 10' Ens 1506 roof 8 I I 1f s ae'as' o• E10.76' N88.3b'10•M SET MONUMENT - -•-_1~_ R ~N SET - ias-o' e • 'II I ' r.l • ha7 t 1t•4_.i S z ~P TY i. I - I . 1 y sf . ~ i M`~ i,• cl0rtrlcs► ~ w^/ ~ I~ N 86, J~6' J O' M: I 16. . I I Vf I : ~ k { i I t' lbs.o l I RI I 1 i 04 'ors: ~drw+a = W ~ I f Iron I I• k,i ~ ~ . L140tQ_ z 81 ~ ! • S 88 36010w E 700.00' - f a DRAINAGE ° I O • L L I TY EASEMENT c~ z I g 30.00' 100' Tmw of I I k DRAINAGE F IYS~~ _ ' 10' 1f 0• 8 t LITV fJ►SEl1E1lT .4. ~b ~ . ~ uaortxr $ b s 680360100 ~ , e.L~,9 ` . E _ o0_00'__ R~ ao UTILITY a ea at !o E ! , t ROAD EMU? TO ` _ r r pnvAu AM .SET NONUMENT1 11.5' S 89*4p1070 w 1M 579 . MOTE 143' x, 1 R IYY, xt; - • I r; 1 a: i / Y r 1 i r r. FF I~ DENTON YUNICIPALi0T01 EX It/Q / AIRPORT LOCATION p AIRPORT LAYOUT SITE NO.- 23750-A g.... I I ACRES - 640 , ' F Yf 3.0 TRESS • i t DENTON rY o+s +10, Trm ocwrow _ T#e f YUws<irAt `•~f ' fllrOAT ! ! ; Lino Mod Across Apprmh J ALE III MILES EW REMARKS, - OSAIld L RWY 17 IS DESIGNATED AS CALM WIND MY N r • i Pond Q 1 I - FM 16111 } 1A 1 Y f ; .60 E t~ i 55, E cls►es1 T ,T a a 0 20W Etar62sii SCAT IN FEET a 1 11 FTW L< +32'Trat 1f d Yll 4 - . wl~w% 71 Ole- W 1 I'l i ^[]xxe • y T ,CITY 11COUNCIIE a 17 17, r 1 1 ~ l "Nye N ; i 14 r •)~)r ~yS1~ r y 7 r~ r {p r f rl 1 71 s i PAD SITE AIRPORT LEASE BETWEEN THE THE STATE OF TEXAS 4 CITY OF DENTON AND ACME AUCTION, INC. ` COUNTY OF DENTON 4 1 # I B 411" This agreement, hereinafter referred to as "Lease" is made and of September, 1990, at Denton, Texas, by and executed this 15th day oration of the State of the CITY OF DENTON# a municipal cn~and ACME AUCTION, INC., between Texas, hereinafter referred to as "Lessor "t Denton, Texas, offices at 401 Penns~ylvania, s i principal Les e its e with r hereinafter referred to as ,r 76205, i y, CONDITIONS OF LEASE for himself, his personal A. The Lessee, and assigns, as a part of successors in interest, representative s, hereof, does hereby covenant and agree as a consideration the with the land that. covenant running color, or national ~ (1} No person on the grounds of raa # pation in, denied origin shall be excluded from p subjected to { i. se be the benefits of, or othe s i cilities. .I discrimination in the use of said d fac improvements on, over, 0r (2) In the construction of any of services thereon# + under such land and the furnishing f race eligion, color, no person on the grounds o, tion or national origin shall be excluded from participa in, denied the benefits of, or otherwise be subjected I to discrimination. a The Lessee shall use the Premises in compliance with (3} requirements imposed by or pursuant to Title 49, Department of Tr a all lations, anspor Code of Federal Rego Part, 210 Subtitle At office of the Assisted rPrcgrams of tat ion, ty Non=discrimination in Federally and as said artment of Transportation, the DeP . ~z•- Regulations may be amended. bti fly (1 S I' 4 of the above non-discriminatory In the event of breach of any covenants, Lessor shall have the right to terminate the Lease and i, to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. ~ - a 8' Y~~$ successors and s 1 (1} Lessor reserves unto itself, its 1 the 4. assigns, for the use and benefit the j asage of aircraft aboveublic, a tether with ` right of flight for the pa surface of the Prenises described herein, o ce such the right t°inathe o in said perationiofpaircraft nowaknown or be inherent " hereafter used, for navigation of or flight in the said ace for airspace, and for use of said son the Airport landing on, , taking off from, or operating. ~ s", lY~',' - ~ ~,~...~~~~~^r -_.-._.rr,an.A~r_~rr rrr~rwwr.r...---- ^1'T I • 1 14, i % I k i I FF I r 111 1 1 (2) During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or ! naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the I Government, shall be suspended. (3) Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of t the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to ' be erected, any building or other structure on or a adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness or safety of the Airport or constitute a hazard to aircraft or to j aircraft navigation. (4) This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained to be kept by Lessee, does lease to 1 Lessee, and Lessee does hereby lease from Lessor the tract of land as shown as Lot 18 in Exhibit °A", attached hereto and-incorporated herein by reference, described as follows: r k` kYa+ ALL that certain lot, tract or parcel of land situated in the I: William Neil survey, Abstract No. 970, Denton, County, Texas; I ~F 1 said tract being part of a tract shown by deed to the City of Denton as recorded in Volume 305, Page 216 of the Deed Records ~t4 of Denton County, Texas, and being more fully described as follows: COMMENCING at the southeast corner of the tract being } described herein at an iron pin; said iron pin also being the southeast corner of said city of Denton tract, the northeast ri corner of a tract shown by deed to M. T. Cole as recorded in Volume 243, Page 572 of the Denton County Deed Records, in the =j east line of said Neil Survey, and the west line of the J. Hardin Survey, Abstract No. 1656, Denton County, Texas;' fY` THENCE south 89 degrees 46 minutes 07 seconds west, along the E'` J south line of said City of Denton Tract, and the north line of 1 said Cole Tract, passing at 1534.03 feet the northwest corner ` of said Cole Tract, the same being the eastern northeast i.: corner of Tract I of an additional tract shown by deed to the. City of Denton as recorded in Volume 871, Page 137 of the 3 s Page 2 { . t.?• w i W+,N~►aw/iMyu.:.nr..rnw+.:wr.wa^...--..ass: i.,►..1.~ arG~ ,r' r 7 r T - r ~I Denton County Deed Records, continuing along said course, in all a total distance of 1620.57 feet to a set monument for a corner; THENCE north 01 degree 23 minutes 50 seconds east, a distance of 817.43 feet to a set monument for an ell corner; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 325.0 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance of 155.0 feet to a point for a corner; THENCE south 88 degrees 36 ainutes 10 seconds east, a distance of 200.0 feet the point of beginning; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 50 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance ' of 40.0 feet to a point for a corner; THENCE north 88 degrees 36 minutes 10 seconds west, a distance 'j i of 50.0 feet to a point for a corner; THENCE north 01 degree 23 minutes 50 seconds east, a distance'. of 40.0 feet to the Point of Beginning and containing 2000 square feet of land. For the purposes of this Lease, the terra "Premises" shall mean E` " the property located within the land described above. f }.4 III. TERM r k Y } The tens of this Lease shall be for a period of fifteen (15) I ears commencing on the 15th day of September, 19900 and, continuing through the 30th day of August, 2005, unless earlier ; 'S 7 ' terminated under the provisions of the Lease. r ' : IV. RENTALS AND PAYMENTS, Lessee covenants and agrees to pay to Lessor, as consideration { for this Lease, payments and rentals and fees as follows: A. First Year Rent. Lessee shall pay to the Lessor rent for t x~' F,: the use and occupancy of the Premises for the first year of this Lease the sum of Twelve Cents ($0.12) per square foot per year, for a total of Two Hundred Forty and No/100 Dollars ($240.00), to be 'i paid in two (2) equal installments in the sum of One Hundred Twenty 4 sr and No/100 Dollars ($120.00) each six (6) months, with the first - - payment to be made upon execution of this Lease and the second Page 3 1 `.t 1 < pir ,1. ft 1 t ' i i payment due on or before March 1, 1991. Thereafter, payments shall be due on September 1 and March 1 of each year of the Lease. t B. Annual Adjustments to Rent. For subsequent years, as ` promptly as practicable after the end of each lease year, Lessor y shall compute the percentage of increase, if any, in the cost of living during the period between the beginning date and each E September 1 thereof during the term of this Lease, based upon the changes in the Consumer Price Index for all items - U. S. Average (1982=100) (herein called "Consumer Price Index"), as determined by the United States Department of Labor, Bureau of Labor Statistics for "All Items". It is agreed that the Consumer Price Index Number f at the commencement date of this Lease is 123.8 (June, 1990) ;F (herein called "Base Index Number"). If the Consumer Price Index Number for the following June, and each June thereafter for the remainder of the lease (each such number being herein called an "Anniversary Index Number") is higher than the Base Index Number, then such Anniversary Index Number shall be divided by the Base Index Number and from the quotient thereof shall be subtracted the integer one (1). The resulting number, multiplied by one hundred, shall be deemed to be the percentage of increase in the cost of living. Such percentage of change shall be multiplied by the Basic Rental and the product thereof shall be added to the Basic Rental to determine the annual rental payable for the next one year period } a' commencing on the immediately preceding anniversary of the beginning date (such amount being herein sometimes called "Adjusted Basic Rental"). i Such Adjusted Basic Rental shall be calculated in the above manner i during each subsequent year of the Lease Term. Lessor shall r{f attempt, within a reasonable time after obtaining the appropriate data necessary for computing any change in the annual rent, to give k 54 Lessee notice of any change so determined. Lessee shall notify Lessor of any claimed error therein within thirty (30) days after receipt of such notice. if there is a change in rental, Lessee agrees to pay the adjusted rental beginning on September 15th of r <a. t y ~u, .z each annual, terse of the Lease. If publication of the Consumer ..~'r Price Index shall be discontinued, the parties hereto shall " thereafter accept the comparable statistics on the cost of living r t for the City of Dallas, Texas, as they shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority, then to be selected by the parties hereto. As an example, only, of the foregoing adjustment: t 1 " a. Assume Basic Rental is per acre $100.00 per year, b. Assume Basic Index Number is 200, o. Assume Anniversary Index Number on the anniversary date of the commencement date is 300, , Page 4 I n 1' 1 ~ -....w..-.-.... r~r.r......_ _._....~.....rrr~r.n VV.IY✓I~I t ~w F FF A then based upon the foregoing* the Annual Basic Rental shall be: Anniversary Index Number 300 Divided by Base Index Number 200= 1.5 - 1 = .5 x 100 = 50 = 50; 50% x 100 = 50.00 50.00 + 100.00 = $150.00, Adjusted Basic Rental. If there is no increase in the Consumer Price Index, the rental shall remain at the rate of the previous year. C. Payment and Penal j shall be made to Lessor at theAoff'pceseof the Finance Departtmentsof the Lessor of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notified to the contrary in writing by Lessor. All semi-annual rental payments, other than the first 1 rental, shall be due and payable as set forth in Section A hereof and shall be paid by Lessee without demand or notice from Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE i A. Use of Premises. Lessee is granted the right to use the rs r Premises for the storage of aircraft owned or leased and operated ~t t by the Lessee. Lessee may not use an arty other use. Y portion of the Premises for 8. General Access to Pr ~ 2. Subject to the reasonable. h rules, regulations, or directives of Lessor, Lessee shall, in/ common with others so authorized, have the nonexclusive right and. privilege over and through the Air rt roperty and the ingress to and egress from th,i Premises for its employees, guests, and invitees, suppli6rs of materials and furnishers of , f services. t„ '4 4"', X C. Standards. During the Lease term, Lessee shall comply with ' the following requirements and standards: (1) Add r&". Lessee shall file with the Airport Manager a ' and keep current its nailing address, telephone nimber(s) and contacts where its authorized official r can be reached in an emergency. (2) Utilities Taxes And Fppa, Lessee shall meet all ' } } expenses and payments in connection with the use and z occupancy of the Premises and the rights and privileges r, herein granted, including the timel utilities taxes timely payments of permit fees, license fees and assessments lawfully levied or assessed. Lessee herein agrees to timely pay to all lawful taxing authorities " r an ad valorem property tax on all improvements constructed by the Lessee on the Premises, and to Page 5 i. r. } MIR owl FF i r~ comply with all tax laws pertaining to the Premises, ~ including those promulgated in the future. (3) Rules. Regulations and Restrictions. Lessee shall 1 { comply with all laws, codes, ordinances, rules, and regulations, either existing or those promulgated in the future, by the Lessor, the County of Denton, the State of Texas, the United States of America, and the Federal Aviation Administration, or their successors applicable to the Premises or use thereof. Lessee's use of the Premises shall at all times be in compliance with and subject to any covenants, restrictions, and conditions of record pertaining to the use and occupancy of the Premises. f Lessee shall not operate or permit the operation of any ;j transmitter devices, electrical signal producers, or machinery on the Premises which could interfere with ' the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on " the Premises which would produce obstructions to visibility or violate height restrictions as set forth :i by b the Federal Aviation Administration or the Lessor. + I (4) Height Restriction And Airspace Protection. The Lessee t agrees for itself, its successors, and assigns to restrict the height of structures, objects of natural :i. growth and other obstructions on the Premises to a height as established in City of Denton Ordinance 81-1, - as the same may be amended from time-to-time. The Lessee also agrees for itself, its successors, and assigns to prevent any use of the Premises which would w~ interfere with landing or taking off of aircraft at the Airport, jr otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the Premises. ' ` (5) Maintenance. Lessee shall be responsible for all maintenance and repair of the Premises, including buildings, structures, grounds, pavements, and utilities. Lessee shall be responsible for grass ! cutting, collection and removal of trash and for such 1 other maintenance requirements as may arise. Lessee agrees to keep the Premises, together with all improvements, in a safe, clean and attractive condition at all times. Lessee shall not change the original f y color or texture of the exterior walls of any j structures or improvements without the written consent of Lessor. ' (a) Painting of Buildings. During the term of this Lease, Lessor shall have the right to require, J: Page 6 t;.. ~ E 1. ' X w........cr..,............•........... ,.,.,_r v..~._~.....-.........«-.....r....ar..wwn:yA' F. X41 ti I` 7. not more than once every five years, that the 1 exterior of each hangar or building located on the Premises be reviewed by the Airport Board for the r' purpose of determining whether painting of the , exteriors of such buildings or hangars is necessary. If the Airport Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. ! The Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Ltasor's specifications (to specify color of paint, quality of paint, number of applications, quality of workmanship and the year and month in which each hangar or building is to be painted, if needed). Lessee shall complete the painting in ' accordance with such specifications within si(6) months of receipt of notice from Lessor. Lessee agrees to pay all costs of the required painting.' Failure of Lessee to complete the painting ? required by Lessor's City Council within the six (6) month period shall constitute Lessee's default under this Lease. i (b) Storage. Lessee shall not utilize or permit others to utilize the Premises for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any s other equipment or items which would distract from the appearance of the Premises. Lessee agrees that storage of automobiles is prohibited by the s: " Federal Aviation Administration. xi (6) Quit Possession. Lessee shall quit possession of the Premises at the end of this Lease, and deliver up the w Premises to Lessor in as good condition as existed when t: possession was taken by Lessee, reasonable wear and tear excepted. 4t. (7) Chemicals. Lessee shall properly store, collect and dispose of all chemicals and chemical residues; properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and comply with all local, state and feeeral laws and regulations governing the storage, r` handling or disposal of chemicals and paints. Lessee shall not utilize, store, dispose, or transport an r material, fluids, solids or gaseous substances on the K _ Premises which are considered by the Environmental Protection Agency to be a hazard to the health of the ~j 'y general public and undertake any activity on the a" Premises that would produce noxious odors. t A Page 7 r ~l »s, 'i ' ~ ~ ..~.r-`.. __~_._"►.~..w~...........'W,u ~~aw4su:wprw...~... a..r.,u.. w.w r..u.+uy..~:,.. S r,' ~ ti'•' r, r t F 1 1 r r r } r (8) signs. Lessee shall not place any signs on the premises identifying Lessee. (9) Use of Runways and Taxiways, That becavsa of the present fifteen thousand (15,000) pound continuous use weight bearing capacity of the taxiways o.° the Airport, 3 Lessee shall limit all aeronautical activity incl ing landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of fifteen thousand (15,000) pounds or less, until such time that the designated taxiways on the Airport have been improved to handle aircraft of a greater weight. Should Lessee disregard the provisions of this section, r`. Lessor may immediately terminate this Lease. Lessee ` agrees to pay to Lessor upon demand for any damage, as i determined by lessor., to Airport property that results from a violation of this section. " (10) Parking. The parking of motor vehicles on Airport property by Lessee, Lessee's guests or invitees, shall' be subject to any regulations, restrictions or directions imposed by Lessor. Connection to utilities. Lessee may connect to any exist- r' ing water mains serving the Premises, in accordance with and upon `z,i payment of any tap or connection fees, as specified by Lessor's i ordinances applicable to utility customers, provided, however, r Lessee shall not be liable to Lessor for any water or sewer pro rata payments as a result of the connections made, VI. RIGHTS AND OBLIGATIONS OF LESSOR I A. Peaceful Enjoyment. That on payment of rent, fees, and ' performance of the covenants and agreements on the part of Lessee 'a. to be performed hereunder, Lessee shall peaceably hold and enjoy the Premises and all rights and privileges herein granted. B. Easements, Lessor shall have the right to establish easements, at no cost to Lessee, upon the Premiser, for the purpose of providing utility services to, from, or across the Airport 'S property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with V; Lessee's use of the Premises and Lessor shall restore the pro pert ) z to its original condition upon the installation of any utility ' services on, in, over or under any such easement at the conclusion of, such construction. Lessee shall not have the right to levy fees, charges, or receive any compensation for any exercised right z~ of easement by Lessor or Lessor's authorized agent. j 1 J( h r Page 8 ± [ e - -...-......-_._._.»._..-............+.w.t./.~:.....,........ w... ..•~..w.:,.,.......v.n. w: A'd~f.~'/~.3~3}0{ t. hj 0010- W- r 4 ' VII. LEASEHOLD AND TAXIWAY IMPROVEMENTS A. ~provemQ*+*-s hu Lessee. Lessee shall construct upon the Premises, at his own cost and expense, an aircraft storage hanger ; and connecting taxiway which shall meet a fifteen thousand (15,000) pound continuous use weight bearing capacity. } i R~gsiired Building Plans. Lessee shall, prior to B constructing any improvements on the Premises, submit to the Lessor for its approval, detailed construction and building plans and specifications for the proposed improvements. The required plat and plans shall be submitted in the form and manner specified by Lessor's ordinances and Lessee shall, at the time of submission, pay all processing, permit, and approval fees applicable thereto, j as specified by Lessor's ordinances. Any building, hanger, or other improvement plans and specifications submitted for initial construction, or any additional improvements to be made thereafter,: shall conform to the following requirements. (1) Buildings, hangers, or structures shall conform with 1 and be compatible with the overall size, shape, color, quality, design, appearance, and general plan of the program established by the Lessor's Master Plan for the Airport, as approved by the City Council, copies which + are on file at the Office of the Airport Manager and ; i the City Secretary. (2) The regulations and requirements of the Lessor's %j Building, Fire, Electrical, Plumbing, and other applicable Codes and ordinances of Lessor applicable to, "M the improvements to be made. ' L (3) All buildings, including hangers, shall be designed and constructed so as to have an anticipated life of at ,.r y 'r lAast fifteen (15) years. Y ' •4 ~ S' JA ' ' (4) Any piles or regulations of any Federal or State agency : having jurisdiction thereof. (5) Contain the estimated cost of the construction of the improvements to be made. (6) All hangars shall be constructed on a concrete slab. ' C. Approval of Plans Within sixty (60) days of proper submission of the plans, and payment of the applicable fees, Lessor shall approve or disapprove the plans. Should. Lessor fail to approve or disapprove of the required plans within the sixty (60) days, the plans shall be deemed approved. Should the Lessor timely y > disapprove the plans, it shall give notice to the Lessee of the reason for the disapproval. No construction of any improvements shall begin until and unless the plans and specifications are s' approved by Lessor. } `k + C Page 9 { 7~3 FF D. biMlane Taxiway Access. Lessee shall be responsible for the maintenance of the taxiway access provided, and shall keep the taxiway in good condition, free of obstructions and defects. The use of the improved taxiway access shall be subject to the reasonable rules, regulations, or directives of Lessor. E. Bight of Lessor to Purchase Hangar or Building. In the event that Lessee should elect to sell his hangar situated upon the E Premises at the time Lessee has the authority to do so, Lessor j shall first be offered the right to purchase the improvements at a value determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee, and one appointed by the two appraisers. The costs of the appraisal :J shall be paid by Lessor. Within sixty (60) days of the delivery of a written appraisal report by the appraisers to Lessor, shall notify Lessee in writing of its decision to purchase all or part of the hangers or buildings to be sold. If Lessor exercises its right to purchase, it shall make payment to Lessee of the appraised value I of the buildings or hangers to be purchased within thirty (30) days ! of the written notice. j i~ F. $gmoval of Hangars. In the event that Lessee should remove i the hangar from the Premises, where such removal is authorized by E i this Lease, Lessee herein agrees to comply with the following terms: j (1) Prior to commencing the hangar removal process, the ' Lessee and Lessor shall agree on the best method to r r,; remove the building, including where to cut water lines, electrical wire, plumbing and other fixtures or i; utilities, so as to cut said fixtures to allow the ? i r future use of these fixtures. rl (2) The hangar shall be removed completely from the surface of the concrete slab and up, with the exception of cut r s utility lines. All interior fixtures shall be removed including sinks, commodes, dividing walls and all other items or fixtures that would prevent the concrete slab ` from being as free as possible from all obstructions. t, (3) Removal of hangars shall begin and be completed prior to Lessee's designated termination date. (4) The hangar slab, the aircraft parking apron, the taxiway, and all other improvements on the Premises shall remain on the Premises and shall become the ! a, i* property of the Lessor without cost to Lessor. f (5) Lessee shall be responsible for the removal of all i! refuse and debris from the Premises prior to vacating the Premises. r Nlr Page 10 e _ ,rm+a+hyaK+Wp:141M9Ar (."S f (6) Lessee shall be responsible for all costs involved in 1 the removal of the hangar, including costs of permits or fees. (7) Lessee shall be responsible for any damage caused to 1 any improvements on the Premises during the removal process, and Lessee herein agrees to repair or replace, t at Lessee's expense, any improvements damaged by Lessee , j during the removal of said structures. ; VIII. SUBROGATION OF MORTGAGEE f Lessee shall have the right to place a first murtgaye lien upon its leasehold in an amount not to exceed eighty percent (80%) of the cost of the capital improvements. The terms and conditions ' of such mortgage loan shall be subject to the approval of Lessor and Lessee shall submit copies of the loan documents, including the <j loan application, to Lessor. If Lessor approves the loan, Lender's ' duties and rights are as follows:! (1) The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and rl ' become a substituted Lessee, with the further right to E: assign the Lessee's interest to a third party, subject to e~ approval of Lessor. Lender's obligations under this Lease as substituted Lessee shall cease upon assignment to a ` third party as approved by Lessor. '7 7 (2) As a condition precedent to the exercise of the right y: granted to Lender by this paragraph, Lender shall notify E•7t{ ,s Lessor of all action taken by it in the event payments on such loans shall become delinquent. Lender shall also notify Lessor, in writing, on any change in the identity or address of the Lender. LY, (3) All notices required by Article XI herein (cancellation by t Lessor) to be given by Lessor to Lessee shall also be ? given by Lessor to Lender at the same time and in the same manner provided Lessor has been furnished with written notice of Lender's interest and its address. such notice f shall be given to the City Secretary and the Airport ; 2 Manager. Upon receipt of such notice, Lender shall have the same rights as Lessee to correct any default. # + ,r r s~~ IX. INSURANCE ~ ! A. Lessee shall maintain continuously in effect at all times + during the term of this Lease or any extension thereof, at Lessee's expense, the following insurance coverage: ys Y l r ti ra ' r• Page 11 i r H t; ~J l ' c 1 1 peas.ee (1) comprehensive General Liability Insurance covering the Premises, the Lessee, its personnel and its operations i on the Airport, for bodily injury and property damage in the minimum amount of $250,000, combined single 1 limits on a per occurrence basis. (2) Fire and extended coverage for replacement value for 5 all facilities used by the Lessee either as a part of + this Lease or erected by the Lessee subsequent to the 1 execution of this Lease. S. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the Lessor, copies of which shall be provided to Lessor. The policies shall name the Lessor as an additional named insured and shall provide for a minimum of thirty (30) days written notice to the Lessor prior to !a~ • I the effective date of any cancellation or lapse of such policies. C. During the term of this Lease, and not more often than once every five (5) years, Lessor herein reserves the right to adjust or 3 increase the liability insurance amounts required of the Lessee,I and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Airport in size and in scope of aviation activities, located in the southwestern region of " the United States. For the purpose of this Lease, the Southwestern 1 14 region of the United States shall be the states classified as the 'E Southwestern region by the Federal Aviation Administration. A `r y D. Lessee herein agrees to comply with all increased or i 1 r f adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this Lease, including E - types of insurance and aonetary amounts or limits of insurance, and ' to comply with said insurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. X. INDEMNITY A. Lessee agrees to indemnify and hold harmless Lessor and its i agents, employees, and representatives from and against all lia- bility for any and all claims, suits, demands, or actions arising { .t from or based upon intentional or negligent acts or omissions on 1 the part of Lessee, its agents, representatives, employees, mem- i I bars, patrons, visitors, contractors and subcontractors, or s sublessees, if any, which may arise out of or result from Lessee's occupancy or use of the Premises or activities conducted in I ` connection with or incidental to this Lease. Page 12 e r _ - - y+ y r r B. This Indemnity Provision also extends to any claim or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the Premises, any and all such defects being expressly Lessee. Lessee understands and agrees that waived Provision shall apply to any and all claims, suits, demands, or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors, or sublessees, if any. ) C. Lessee agrees to give the Lessor of any such claim made or suit instituted p which tine any notice ' directly or indirectly, contingently or otherwise, affects or might l affect the Lessee or the Lessor. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to Lessor and not an exclusive remedy. XI. CANCELLATION BY LESSOR All the terms, restrictions, covenants, and conditions Pertaining to the use and occupancy of the Premises are conditions of this Lease and the failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants, and conditions { shall be considered a default of this Lease and upon shall have the right to invoke any one or dallU of the following remedies: i A. In the event that Lessee fails to comply with any of the 1 terms conditions, restrictions and covenants contained in this r Lease, such failure shall constitute an event of default under the Lease, and Lessor shall give Lessee notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to f correct said violation(s) or breach within thirty (30 da s following receipt of said notice, then Lessor shall have the right I to terminate this Lease. Should this Lease be terminated by Lessor [ 4'. for failure of Lessee to correct said breach or violation within the thirty (30) day cure time, Lessee shall forfeit all rights to all improvements on the Premises and all improvements on the r' Premises shall become the property of the Lessor. B. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to i terminate this Lease for the following reasons: P (I) In the event that Lessee shall file a voluntary h` kh petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lessee > ` thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of s, •r Lessee and its assets pursuant to proceedings brought i. under the provisions of any federal reorganization act; k' Page 13 r. v „t i` r 4e s "Pi i or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization acts or if a receiver for Lessee's assets is appointed. ~f (2) In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. { ! C. Upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not i~ cause damage to any part of the hangar, structure or improvements. j Lessee shall remove all personal property from the Premises within ~ ten (10) days after the termination. If Lessee fails to remove its personal - property as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. Where, upon termination of the Lease, the fixed improvements t' become the property of Lessor as provided herein, Lessee shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Premises in a neat and clean condition with all other improvements in place. D. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate ff! t to bar, destroy, or waive the right of Lessor to cancel this Lease by reason of any subsequent violatio,i of the terms hereof. The acceptance of rentals and fees by Lessor for any period or periods i 6' after a default of any of the terms, covenants, and conditions r herein contained to be performed, kept, and observed by Lessee r shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Lease for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. -r ' XII. CANCELLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: F (1) issuance by any court of preventing or restraining the use of said Airport or any part thereof for Airport purposes; (2) the breach by Lessor of any of the covenants or agreements i?rv` >r contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; Page 14 t •I .t 1}}j 1 I ~l 11 ! . ~~~~s w".~_..._.,.........._~._. .asuwFU,.1/►V.IyARl.~ t, k i 4 FF / I l 1pp 1 . r ~14wt . inability of Lessee to use the Premises and facilitie (3) the continuing for a longer period than ninety (90) days duc to any law or any order, rule, or regulation of any i ! appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Govern- s meet or any authorized agency thereof of the Premises for and the maintenance any substantial operation part of said Aiport or parts thereof. facilities or ! i Upon the happening of any of the four events listed in the preceding paragraph, such that the Premises cannot be used for J authorized purposes, then Lessee may cancel this Lease as afore- said, or may elect to continue this Lease under its terms. Y; XIII. OPTION Lessee shall have a first option to lease the premises Lessor additional term at the end of this Lease by giving the notice, in writing, not later than six (6) months before the end of the fifteen (15) year term. Should Lessee choose to exercise such option, he shall have the right to sign a new lease for five (5) I, years for the Premises at the then current land rental rates } established by Lessor. XIV. MISCELIANEOUS PROVISIONS A. The Lessee shall not rent, or ,ar r,,:,. t ~~,htnrring or Assignment. f;. Y sublease the Premises or assign this Lease without first obtaining= the written consent of Lessor. If approved by Lessor any sublessee or assignee shall be subject to the same conditions, obligations ,4• Y and terms as set forth herein. B. saase Binding on S e s s ans. All covenants, agreements, provisions and condons of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successor3 or assigns. No modification a thind by bothlpa tiesnding upon either party C. kQYA bJ=. If any provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entite Lease shall not be void; but the fit, t ` remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. i f Any notice given by one party to the other in D. connection this Lease shall be in writing and shall be sent by } ti t t I tl. Page 15 < t' f 1 ~ c'. i 1 registered sail, return receipt requested, with postage and registration fees prepaid, as follows: , If to Lessor, addressed to: °I - , If to Lessee, addressed to: I City !tanager Acme Auction, Inc. City of Denton 401 Pennsylvania 215 E. McKinney Donton, Texas 76205 Denton, Texas 76201 Attn: Jim Hutchinson 10 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. G. Headings. The headings used in this Lease are intended for convenience of reference only and do not define or limit the scope ` or meaning of any provision of this Lease. H. Governing Law. This Lease is to be construed in accordance ) F. f} with the laws of the State of Texas. " IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR l BYS ; Llo . Harrell, City Ka(hager t ry ro r 44 j ATTEST. } Jennifer Walters, City Secretary 4. n iii' Er' A " BY: t. ►F; f , APPROVED AS TO LEGAL FORM:' ? Debra A. Drayovitch, City Attorney iI BY ACME AUCTION, INC., LESSEE ^-i BY. M1 s „ xsr~ J s Hu inson Page 16 , i i y~i.,e owl ld ' ALL that certain lot, tract or parcel of land situated in the William Neil Survey, Abstract No. 970, Denton County, Texas; role said tract being part of a tract shown by deed to the City of 1 ~ Denton as recorded in Volume 305, Page 216 of the Deed Records i of Denton County, Texas, and being more fully described as fol'_ows: i' r of the tract [hensoutheasted + COMMENCING at the southeast corne herein at an iron pin; said iron pin also being corner of said City of Denton tract, the northeast corner of a tract shown by deed to M.T. Cole as recorded in Volume 243, Page 572 of the Denton County Deed Records, in the east line of + said Neil Survey, and the west line of the J. Hardin Survey, Abstract no. 1656, Denton County, Texas; THENCE south 890 46' 07" west, along the south line of said City of Denton Tract, and the north line of said Cole Trac', passing at 1534.03' the northwest cornernof saidrColelTiatt, the same being the eastern northeast corr of t of an additional tract shown by deed to the City of Denton as f recorded in Volume 871, Page 137 of the Denton County Deed Records, continuing along said course, in all a total distance of 1620.57' to a set monument for a corner; j THENCE north 010 23 50+1 east, a distance of 817.43' to a set ; '>=.r monument for an ell corner; 4 THENCE south 880 36+ 10" east, a distance of 325.0' to a ' i E` point for a corner; THENCE south 010 23' SO" west, a distance of 1SS.0+ to a point for a corner; THENCE south 880 36+ 10++ east a distance of 200' to the point of beginning; THENCE south 880 36+ 10+' east a distance. of 50.0' to a point i•1 for a corner; :s THENCE south 10 .23.. 50++ west a distance of 40.0' to point t . for a corner; ; k THENCE south 880 36' 10" west a distance of SO.0' to a point for a corner; 1 THENCE north 10 23+ SO" east a distance of 40.0' to the Point of Beginning and containing 2000 square feet of land. i'.. 0707E/26 r~ 1 r { j 4. ; i F i 1 CITY COUNCII► l { I r ' !E tl'~ - - - - - r K.. K 1. z + ~ . gf t ~ r is <S ~ ~fi) s x. ~QCx tt DO r 'c y 1 ~Ji T f 1= r 1 ti ylf ~}ail F k. FF v i CONTRACT ASREEMENT i STATE OF TEXAS X 1 • f COUNTY OF De TON X THIS AGREEKENf, made and entered into this 12 day of MARCH A.D., 19 90, by and between THE CITY OF DENTON of the County of DENTON and State of Tens, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinsfter termed the OWNPR ';"..01IF&~rl~ S1~ I"d s°? P.O. BOX 5681 1002 W: BULLOCK, DENISON, TEXAS 15020 f ~f the'City of DENTON , County of DENTON and state of TEXAS , Party of the Second Part, hereinafter , tensed CONTRACTOR.' i ' WITNESSETHi That for and. In consideration of, the payments and ' ' agreements hereinafter mentioned, to be made and performed by the Party of the First part (OidtW, and under the' conditions expressed in the : bonds bearing even_ date herewith the said.Part of the Second Part (CotmCl h agrees with the said Perty.'of the First Part, (OUM) to comment and complete the, construction of certain improverents described as follWas i 9IDi 106b'- INSULATION AND LAGGING INSTALLATION y 1 with lextrs work Conditi+xi ofAt lreesent~and at s the r' as 3 ,hisa(ortthee=) own roper coot too' and l s s all materials, supplies, sachid ryr, ,`.eq pment, . , nag to furnish supiriateadance, labor, insurance)sad other accessories ; and earl necessary to compute the said conatructioa, in accordance with the conditi~4s ' sad"psicea stated in the.9roposal attached hereto, and is accordance with all the Genial Conditions of the Agreement, the Special Conditions, the 1Otfce to Bidders (Advertisement for Bids), Instructions to Bidders, and the Petformanca and 8apoent Bonds, all attached hereto, and in accordance with the planso which includes all maps, plats, blueprints, and other drawings and printed or' i CA-1 l 0044b i 1 ' f A written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY OF DENTON TEXAS ELECTRIC P ODU TION STIFF ~ 11 r i i i all of which are made a part hereof and collectively evidence and constitute the entire contract. ; The CONTRACTOR hereby agrees to cosmyence work on or after the data 1 established for the start of work as set forth in written notice to comseace work and complete all work within the time stated in the Special Proposal, ct to ' such extensions of tise as are provided by t General and ; CONTRACTOR in current funds the price or The OWNER agrees o pay ~c f a part of this contract, such prices shows in the proposal, payseota to be subject to the Caneral and Special Conditioae of the Contract. } IN WITMS WHEREOF, the parties of these presents have executed this year and day first above written. agreement is the A EST( i 3 T0't'TaXAS CITY OF.DEN • St. a arty 0 V: A A -A LLOYD V: HARRELL `CITY'HANAGER i (SEAL) S~ f r r' ATTEST( s L _ ' A 6 F. INSULATION By Party of Secon irt, C ' r tie ~L ~ + 1 ^ nF 1 t iiiiAA►LLL ' r _ 1 i', r.. ~~y7]]]}44i • F 1 APPROVED FOR2is i , 1 torte CA-1 E i yy a , 1 - 1 F ! t Exhibit A, p a j t INSURANCE 7 The Contractor is fully responsible for all Losses pertaining to, reaulting from, or connected with the completion of this contract. The owners acceptant"e of a Certificate of, Insurance, that does not complr,wirh the bid ontractor or the insurance or contract documents, does not release the c r, co+apY Eraa,aa7 liability, conditions or other requirements within the scope. of this contract documents. Ie is.eh• responsibility of the Contractor to send this complete insurance" to in4gct the package to his insurance provider. This will enable the Certificate to include all requirements as. they apply y documents. Th• Insurance Certificates oust be returned to'the'City of Denton with the Contract documents for approval and execution. { i R' All,ContYacc documents must .be returned to. the CITE OF DENI'0l1, ,)OHH FtAStSHd1t.. Pf)BCii i G AWT 9014 TENS S'IWo DOItM119 TZW 76201.' r ` y 1 4 41 ; .41 14 rH { ~1 ~.I 11 f - of r IJ' ;fit 411 1 y f I- ' y.. r, i CI -0 - - ~ w.wurtM.a+aG.v ! AA `I ~I CITY OF DENTON ) INSURANCE MINIMUM REQUIREMENTS { INSURANCE: Without limiting any of the other obligations or liabilities of ~ the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered j and accepted by the city of Denton, Owner, the minimum insurance coverage as indicated hereinafter. j Satisfactory certificate(s) of insurance shall be filed with the ' Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The ! certificate(s) shall state that thirty (30) days advance written k notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an, additional. named insured.. To avoid'any undue delays, it is worth reiterating tbat; o Thirty (30) days advance written notic_ if material change or cancellation shall be givens 1 o The City of Denton shall be an additional named insured on ' all policies. I. WORKMEN S" COMPENSATION AND EMPLOYERS LIABILITY This insurance shell protect the Contractor against all claims under applicable state workmen's compensation laws} The ' ntractor shall also be protected against claims 'for ' Co' } injury, disease, or death of employees which, for any reason, may not fall within the provisions. of a; workmen's ,a compensation law. t The liability.limits shall not be less than= #1 Workmen's. Compensation Statutory # o LIABi ITY utoThis insurance `,shall' $ II COMPREHENSIVEY AUTOMOBILEli y i be written in comprehensive f o:t a and shall protect the Contractor, against all claims ~`or' i6juries'-7,t6members of s' the public • and damage to property of, others arising from r r j ' the, use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired, The liability limits shall not be less than: 0 A combined single limit of #500.000.00 1 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall. be € written in comprehensive form and shall protect the j Contractor against all claims arising from injuries-:to " members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. I CI - 1 t i 1 r 1 is `..i. I c I f wewr~ I i To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work { being performed by the Contractor. This also includes. liability arising out of the omissions or supervisory acts , Owner, of the Although this insurance is strictly benefitoftheOwne the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than; 11 I o A combined single licit of $500,000.00 { INSURANCE SUMMARY: The, Contract shall provide insurance to cover operating hazard' A6r ng-th testing,hand uriod ntil aucha ti cme is 'and, M accepted for operation by the Owner and written notice: of that iss ehas notainYany eway nreliep'epoivai: of the insuran e'; b~. 3 decrease the liab 1t of: the'Contractor.hereunder. It iei expressly understood:that,,the., 'Owner 'does, not in f?ny way" represent that the specified', limiteof liability or coverage or policy 'for'ms; are sufficient r ''adequate x to 'protect the interest or liabilities of the Contractor. { y Again, .the Owner shall 'be given a' certificate of insurance ` indicatin that all of the above policies and the a g pprop'rfate limits 'Are indeed enforced.. The certificate shall also indicate { I that the Owner will be given at least thirty (30) days written, notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsfaility for payment of any sums resulting from any deductible provisions, corridor or i; Self-insured retention conditions of the policy or policies shall 1 ' remain with the Contractor. The Contractor shall not begin any , i work-, until the Owner has reviewed and approved the insurance ~y certificates and so notified the Contractor directly in writing. l: Any notice to proceed that is issued shall be subject to such approval by the Owner. { i CI - 2 f { i - CIATIf1CAYI Cr !k$UIMl MY of oclrrat lwto ul 46111 did y~qr { i city of Orator lhhrtM~l i ErC tl General A~eac ' Inc. ►ralat Miayr ~ . .A ►~olt~t old I , r►iant !relKt loeitfoal ' t Wiling Dtptt r' - Mw IM AUmi of JanrrtQr f.. Y......... Y N..... NY..l l.~I.YN N.N cawviatK urorat ~dIIC~.lf~4~Aache: DIlA A b P tn.. - t- N Cortrlpr l A Ntuti us J ` 1 a, f fAoM t C 'I TMft is to Certify Oft geltefn of hWrttiy ifit•/ bolts have tort fiW4 a [glr~tlM Mai to for" a off to of List II ty A Co~`aAaltrl Eoaortl Lfts111b L 81101 t ! !i ' r ' + ~ ~ bliss talrry , a . I Ibetll llt to rn ID&I 1 • hwhoi/oPattfart t pm"rtr OmM a i a IAdfm4m coatrmoN ( f a - frapuett/4"lob►d OPt~itfoat t I ~~--;J J! pro" A ty Days t +bt~i 1000'.' I ? ` i Me7A O j'"1 F. nci a...- AP n 3 1990 i i ed'y .Yw. .MIY G N...:.. ,r 41 NR` L j ; G E N 0- Oka" t ~ ' I a~pwllttlttwcxnteltuolll ~ t 1 xal+~Ctttlic ' + Wily kditY . Ju►l~rY/ftrion g >O'AOtef4nt a">v+cremEU SIN Aata~lles (other tharl ABp100198t 9/27/ ...,•••••......N. "v*amU~oyty~w private ~AtlMktlQ~( . } T►roc+r~ k"10 pIss t t .....do - 1 t ! ~dtlr {afrry/►raMrgr ' i 01" COMM J 600 • Wrtert' te.9oelttfeatnd t 1 ~ ~ ' L~11o9ort' ut►11fty ' ~ ( (stltutey ~vae ~ ' Qtr IaiuruKO t t r a t , , + t 1, F' r E ,1PR-'25-9 0 T U E 1 1 : 24 Comn.or I ca I Gaer-g o r- o I P. 01 ti r;~tR UAfE PIMMYYI 0 4/15/90 hp K*OVCEA YHy CERTIFICATE IS ISSVEO AS A MATTER Of 09OIWATION OKY AKO CONFERS Coamercial CDneral Agency, Inc. NOFKWSUPON THECEATIF"TE,IOAp(.I~ 3 CERTFJCATEOOCSNOTANDA P.O. Box 866247 LXTIND OR ALTER THE COYLMC! AffWTOEO ar me POL"S BELOW, Plano, TX 75086 COMPANIES AFFORDING COVERAGE ~u w Ina Insvr_agca_r~op. ? r,SVAEO ~AAK+ B Francisco Sancber DBA COAtPAMY C r' •A 3 F Tnwlatioa • P.O, Box 568 CCOWA D UTTER Denison, TX 75020 Ti14 TO WFIFY THAT PM CIESS Of~r&fIAIANCE LISTED OHO* HAYI 9"W C "D TO THE PdtMD N WEO ADM FOR THE POILKYgrElY00 r1DIM2 i M AFFOWXOTB IT IE POLCIFS P SC I pnHCAAE IS IPA CT 0 ALL; T rEAM~t NExCtVS O AND . ROOM TYPE OF rtStng" POLICY MIAIOEJI MR~A~q p,`,~F,y ' n tasIUTY wrs Qf TNOUiAMOS s E ORKERAL UJOL TY i AOOf1E01TE j ( t A X O01I1100"FOW L 81107 1!/S/89 11/5/40 $ $ PA=F&CG!"M OFtAA 06 ca~tMCruR. X NXPD H,T ONOW4 M 1' 000 i 1,000 , IROnc raw,ROrtArY aMNa : i < . s 4 FusoNn IAIOIY P£F+$OfAly TUURY i r AIRONOM UAaI,TY r T ; *rP s S AVFQ Fpn" ;awe W4rwY,FA$S4 7 ALl QIMRO AVTOE l►NY. MSi~ RRIC~tMIKLQrI S t a . a ~ r y, 1rfD Ai►f0i =rY 'to I f i AN OMMEO AVTOE ' 4 „ ~ : ~ 9MAOE IYaLAY a i ro ' ~ ~ 4 ° f. r [XCESE UAKITY f, TAaIFELIA FM pro` ro.KO i S Ono"w&vu FOAM WOI KEW COAPENSATIOAI 6UTUTOT' d ~A AND f f[AOI ACLVEIR) arwYUaArY S paust~ u►0 L ' f M&AxL1d10 111 r OTHER i r DESCRIPTION OF OFLRATION"'1lOCATK* dV&9OIES+SPE*AA IT EMS Additional Insureds City of Denton ' Steam Pipe or Boiler Irsulation 9110101.0 ANY OF THE ADOYE VCsCIgUCO POLXKI DE CAT/CtklEO 0"0" THE M City of Denton PlW'°S r DATE THtAEOF, THC ISSUING COMPANY WILL fWAYOR TO ' 901B Texas St. MAID O DAYS W'IITTEN NOTICE TO THE CERTIFICATE VOIDER HAMW TO THE It •Denton, TX 76201 LEFT,0UTrALUAEToMAXSW190rrrE L NO OR-JOAT ION OR UABILM Of ANY KIND UPOM THE COMPAP(Y ITS AGENTS OSYREPRESENwrnt . I AttnI Tom Show JI of 7i.. aS' .7'iitt' i~'ifL ~'9'Ft ::.Crtb7:~y~7~.•'~ : a'f'l tL1I','+~rl ~l'IN'~'i nAri: M _ . , .+n a + ...:.s:..Sn:!'jca::as ri-k~d,+i 4f5rirl.wd+~+a• /i WWI r Apr.•3 '90 10:31 4321 P. 2 cEKrlrlurt W IKStMtAIICIE • f14Y.•• , li i CITY Of KPOK I ~ I I w.e &0 Ad"so or Apmy I city of but" khrooaE i I RQM L. AGENCY - Project Komi f e, n RAY 2A I I Project Koi UNISON -X _ 15020 1>toae 2J 4-465-6780 ~ Project LouNoat PWER PLANT I lta alloy DOW I............ . ................~N._N...N.... N.NN..I. I Name aM Ad/reos of IatrrMs (Ceryaalis Affordfag 6arara1N baLM)6!SANCNEZ BRA MF' INSULATION A crrut _ v I ~ I , rAn9 y- AfAJ~CY I ; 214-465-5242 - I ISON, TX 75020 rGeaa I C DIEM I itle le to cfrtify that Policies of lotrraa lletd below Kew bw toad oil an to fora at this tiw. I~ [g1rltJa ltilb N lINi11tr, I t Troyof latwsmo roller filar oats 12 mu" Ml s CwRN+maire kwal,lfabIllty C I I I Wily Way I I y (sit /1-nnne) Ira" fork to iaci.6ei I I I rropor0~ DMUoo . ( i ; :41 1 1nstHNopK'~tiei~} I ( 1 .I I' I • tne~yaadaat Coetr~etira I I I I I I 7 i ►roporq • Oro"WCopriotod aperotloos Will IAJ0 y W I I I i i r I , hneea) tt}ary I i Dnat4o co.tid ! 1. I r roron.f I I C"actial t Liability om"ad Comm Kill" - toe a I . b Ita+ard 11 fira.lMal,Ltasiilty {toes ~ ~r~ iAnririal ` yon Damage t F II l~. ' . ~.-.I.M.N.-MI M....I.I...N1.-IINN .•..M• I '_.N..-I M..._M-_N V.MM.►1.IM ~I.111-.•I+.n I . otiiiial Irrorx/fYts • r attr ! (01H Pro f I I I ~ i - ~ ~wte ( I I I ~ L+~ , . • claim oodr loco f!-rgroroel I ~ I I I ~ I ~y ~ ~ I I I I ~ I } I I Co*iAlelira Artomaiiie I I I %dfly Jaj~ry~fwtae 1ia1111ta1~ I %dill lojrry/ACO16oat 11_.._~/LMI__11o•.N.u•I NNNMMN • o d~li~iu Auteaeellaa. rrrrortsr m"No 1 ' - Ifaa-owlid Artoaa0llK ( ~ •-•••N....IM• Llw.w••w I I • N1rae /~Yteai11.1 ( ~ ;,t. I •1o~i1y taJrry/rtararty; I f I i ~ I I ; i I _ ; ~ : f oa+►oga Ce.einad ~ I I fSDQY000. • 1Nr4on Coipalatla'aad . ' Liability : ~iC403975' IDlDJ/S~p~tatytery 100001 IT I A Eogl oath &$ejun on►ar tmrjaau I I I i t • I I I , ' i ,l ;'r 'Ink . r nr CERTIFICATE Of INSURANCE CITY Of OENION Mw aid Address of Agency I City of Anton Aeferencet I gd y Perry Insurance Agency Project Naset ' I03! M. Cranford j project No: Denisonr Tx 75020, photo 214-465-67801 Project Location: Power Plant 1 I ltaaaglag oeytt I. I 1 Nue and Address of lassred: I Cowasfes Affording Coverage: i" Franoisco Sanchez DBA: A A F Insu1-I _IA Nautilus Insurance Company ,1002 M. Bullock Cisna Denison, Tx 75020 ►hOM21d-665-5292 Ic Old American County Mutual f i force at this llf we In I ibis is to certify that policies of fesrrau n listed beta M1r~tloosslsd and listts! of L1ablltbr ti M. i 1 IOW Ay { I{ 't It,~ttai bpe of laseraace Policy Nusber Data Is iitonfanls (000) ..4 I t:onprefwaalr• CitwNl Liability L81107 ~11/0 5 0 EOccurrence' i i I I ' • Occurnne• I ! I - clateds 14de tae. ~2-nversej ! t 3 ltoaily tNrry 1, i 1 llread Form, to laclodet 1 I I property Ommes I# I ' = treyfac/Op'~ratfats ( 3 I - j i ti 1' I 1 }edepesdeat Contractors I I I I: , I 1 - ►ro4ucblto~gleted;Operatfone ) I I Bodily Wnrr and Prmr, ty`I Persona) Injury I ( 1 Ommse Cowmi I,# Soo;..) A I Coatrattral Liability (son #I-'reverse) I L81107 111/OS/b^ f I 1 1 txplosiih and Collapse 1u:ard I r I I I 'I 1 'Dndoilroun•,Miiar6 tit 1 -'Liq* ltability Coverage I I I 4 4 `r 1• ifri'Logil Pro ilfwD~ ..-1~_-reverse} I I i I. I J .14 1 1 • f 1. M YM-I -/ssfons- - i 1 . onal trro n ! Osf { I ( i"7 I ''►rofeset . . f, 1. 1 etif•i no de tsae 42•reviriN I I I I 4 '1" t I ( sire Arto~oDl1• j j j Bodily Injury/Persos I~ I i, R j 11a ' i r I Loony Injury/Accfdtnt I# I r;: t ( I I I.. s.l oweelleas" Artaobtlas I ABPlo01o9/2z/ISifPSpertr Dwy. i i {be.orned Artosoblles I 1 1 ...........3.. 1.....1 Hired ;Atomobilis I I I tlogtly t*jurylPr*rty I 1 I Do"" Cod Inid I# $00 I 1 , 8. 1 Norltiro' Coayeasatlo•'md I 1 suawry Awouat; I, kl t ( AC40397510/0] 500 Sao 500 i ! l ~~+s7leyers' Lta~111ty { I each' aceldeit •-__1 . Other iastarante I 1 ! I I I I I i j G1 - 3 f ~p-n..Ln,,..rlc MYi+'ntlfM'~=i'diM..: .,Lamm'-'. ..n _ . ,.r.'... e..'.~y:..y:c~J.kiSlAfS al~A''it V:}if ~r 4"' t 4' r n F I i I 1 I CONDITIONS 7u 1 ADDITIONAL INSURED: The City of Denton, its elected and, appointed officials, officers and employees. (This does not apply, to worker's Compensation.) NOTICE OF CANCELLATION: prior to any material change or Cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. J f 1. CONTRACTURAL COVERAGE: (Liability assumed• by contract .i and uld not oterwis The' 1 f n the rev contractualntliability requiremnthshowneo,exist.) erse e side of this Certificate of insurance under ~I Comp[et►en,save General Liability,' must include a <I definition of coverage broad enough to provide coverage a for obligations asaused by .the contractor in `the ; ieferenced contract. This Certificate,'of Inaurance is s required by the governing contra Provided ~ r • a 2. CLAMS KADE POLICY FORK: Required period of coverage r , will ~bedetermined by the, following,' formula: Continuous coverage for the life of the-contract, plus j on'e year (to.provide coverage for the warranty, period), ` and a extended discovery period for a ikinimuai of five (5) years which sha]1 begin at the end 'of th! werranty ; g period. , 3. FIRE~LWL LIABILITY: {Required-in all contracEs that ' involve .'the ',.occupancy, construction or alteration of to,: ce ie ri . faoilitiea.) r~ City'-ovned'or leased Insuran cone[ building's; contents (where appl,icable) and ,i ecsnanently installed equipment with respect to x ; propeitty.damage to'atructures.or portions of"structures, if such damage is caused by the peril of "fire and, due r,. to the operations .of the contractor. Limit of, liability is to be a suinimum of $500,000. + ~ I s~ CI - 4 i ' err Il 1111111 IndusMak haulatio~► PsIMInp A & F INSULATION January 31, 1990 1 _4 . 1 City Of Denton, Texas + 901 B Texas 8t. Denton, Texas 76201 TEL-817-566-8311 DFW-817-267-0042 r f4,' l ATTNi JOHN Jb'MARSHALL TOM D. BHAW i JIM,THUNE t j Ds S j r, A&F Insulation is, pleased to submit this proposal: as, ' ~t psr specifications'an BID x'1066 as'follaws I 10 , -$7,8262.00 ;ITEM #2--"" --62,4.00" IV ell, ITEM 04-- r#- - ! 248 00 60 w M`3 ;I _w 536.00 . ; ITEM 116= - - - 112.00 c , I ITEM *7- t 892.00 r ti 46TAL 'AMOLINT-- ` -415,889.00 ( We appraciats'.this opportunity to do businsss with a YM' t, . t Sincer*l NCI, SANCHE2 , S s , ; r. f P.O. Sox WS • 1002 W. 9ulook r Denison, Texas 76020 • Photo (214) ~ ' . i• 1J...:'~:<rt~:i,Li.'S0•3P a+Hl1 kS~94i'A'Mi~i3diYrM , ~ r: } PURCHMNO DEPARTMENT BID INVITATION City of Denton i 801.8 Texas St. CITY OF DEMTON, TEfU13 Denton, Taxes 76201 Date JANUARY 19, 1990 1 BID NUMBER 1066 r BID TITLE INSULATION AND LAGGING } INSTALLATION I Sea1W bid proposals wUl be racehed untlt 200 pm PEHHUARY T S. 1 990 . at the o(notof tho ' Purchasing Agent 901.8 Texas St, Denton, Texas 76201 rG: it Y For addtUonai Information contact c JOHN J. MARSHALL, C.P.M. Tom D. SHAw, C.P.M. ` - PUAA>0 NG AGENT A.SM. PLOODO Q AGENT Office oVFW Metro a17~66fl311 61T-4fi7~4t2 _ r INSTRUCTIONS TO BIDDERS' 1 1. SuIed bid proposah. must bo 140 Oved In 1 duplicate, on this fans, prior to openhg dale and tkns to be oonsMered. Lab proposals w.0 be returned unoprwd_ 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely at t sealed envelope, and mailed or delivered to the Purchasing Department City of Denton. 901.8 Texas St, Denton, TX i yc e 78201. i Any &A=Mod artleW devWkV from the spodfkattons met be identified and have full dowlpdw data accoripariykp f O i urns, or It will not be consldared. 1 1 #i { G 4. AA matwtsla are to to quoted FOB Denton, Texas, delivered to the ftooe of the warshcuse, or as otNK*se Indlcaled. ' ' rs 6 The 044 of DwAor, Texas Runes tt» rION to accept separate Rams In a bid unless this right is dented by tM biddw. , ° `;t t a d In oases of default after bid sooaptsnoe, the City of Denton, Texas may st its option IIOW the aoopled blddw or torarac{of t s v. 1 hbh for any and all reaullard Increased woo as a penatty for such defauk T. " The ft of Girton rsawwe ow rlgN to reject any wd an We, to wales an tnfornetities and repuki Uiat wbrrdltad, dlds remake in force fors extY ICI day Wool after or until Awwd Is opsNng made; whieAevsr corrM4 first. r y it The quantities shown maybe approximate and could wry according to the requirements of the City of Denton T t 4. tluoughwA the contracl period. IL The Rwm we to be pdood each net, (Paaksgkrg or stripping quantities will be consldere:14 k $0. The Putchaskvg Department assumes responsibility for the correctness and daily of thla hard, and alt Inlonnatlon andfor ry' questions Wakrkq to this b1d shall be directed to the Oty of Denton Purduaing Agent j . 11. Any attempt to negotiate or give information on the oon;ents of this bid with the City of Denton or Its rep(esentslives r flor Io sward ahan be M4 ds for dlswanl"tions. t I 12, The conditions and Imma of thb bid *W be conaidwed when ev"Urp for award { 1S. The Clty of Denton is exempt frpm all Was snd excise taxes. WIch 20,"13) I, Nl ti i j 2 1, LS .._„•.u~~w.~,:vriyiiw?:KLaWCiaae~r+ r' T ~ ~ r 001, PURCHASING DEPARTMENT City of Denton BID INVITATION I 901 -D Taxes St ITY OF N, TFXAS Denton. Taxes 76201 I Data JANUARY 19. 1990 a 010 NUMBER 1066 BID TITLE INSULATION AND LAGGING INSTALLATION I~ Seated Lid proposals will be recaiwd until M pm j FEBRUARY 150 1490 . at the ottke of the ' Purchasing Agent 901.8 Texas SL, Denton, Texas 76201 For additional information Contact J" J. MAA8 mL C.P.M. TOM D. Swlw, C.P.M Ofnee DfFW Metro 1174615-0311 61 T-2b7-0042 t f % INSTRUCTIONS TO BIDDERS t 1. so" bid proposals must be recehoed In duplkats, on INS form, prior to openlrp date and tkrN to be corrsifered. Late r is t proposals will be returned unopened. t1 tf 2. Bids shall be ylafnly marked as to the bld number, name of the bid, and bid opening date on the outside of completely waled envelope, and mailed or delivered to the Purchasing Department City of Denton, 901.8 Texas St, Denton, T% 7820E r. 3 . My auEmttled article deviating from 11he speclficatiom moist be IdeWrled and have full deswipti a data secompanykrg j same, or N will not by considered. 4 AN malarl.b are lobe quoted FOB Denton, Tea, deWsrod to the root of the warehouse, or as otherwise IrWicated. 1. / The City of Denton, Tana reserves the right to socepl separale hems In a bid uniaa this right is dented by the bidder vr° " • t 1 c,. ! In case of default after bid sooWanq, the City of Denton, Tex" may at Its option hold the soosptsd bidder of Contractor G ' tisDUi for any and aN resuhant kraeused costs as a penahy for such dsfauk ' it b 1 The City of Denton reseryes the Aghl to reject any all all bids, to wales all informauNes and M*" that sub-nI led bids s ° remain In force for a sixty In day yerlod shat ow*v or until award Is mad« whkttnw comes f"L 4 1, The quantities shown maybe approximate and could vary according to the requirements of the City of Denton t Sv throughout the Contract period. j = 0. The Name am to be priced each net. IPackagirrg or stopping quantitlas will be oonaldered j) f t 10 The Purchang Department assomes rasponsiblilty for the correctness and clarlty of Ills bid, and ah infonnatlon andkr :f rr,4 Questions pertaining to thts bid shall be directed to the Oty of Denton Pu(chaotng Agent 11. Any attsmpl to trsgoliats or give information on the contents d this bid with the Cily of Denton or Its rapresantallvq I t prior to award shall be pounds for dlsqualilksllons. it The conditions and terms of this bid will be considered when evaluating for award. i I 1J. TM Cfty of Denson is exempt hpm all sales and excise teas IArlicle 20.0481 t . % S+r ` I Lz r T11 P, x ' . r ` t`Gj +'t ~ ~4'_ ...r.... w...... r-F~cr)rtiies:~+er1w~ ' '!''-I . f J■/j -'''47~' R W. S . . u_ r .r {~A C• k` rA ~ Ii A~"tt '~~n w 4ry 't'7~K Tn, Y .,:,rK any e~x r: ! sL ;.J: 1 i o. F i1.KFh' . indur<trlal: Inwlatbn polnthsp I ~ lip, A & F INSULATION s.na~..~no January 31, 1998 City Of Denton, Texas A, r' 901 B Texas St. Denton, Te>;ae 76201 TEL-817-566-9311 t, - r~ D FW 817-267 OC 42 ATTN: JOHN J. MARSHALL j, TOM D. SHAW; JIM THUNE r:{ Dear, Sir, AhF Insulation is pleased to submit this proposal as t per specifications on BID # 1066 as follorrsl, ~P• w ` ITEM' kl 3 ----------$7,922.tom . ITEM #2 - - -----i2t496.OG i' Ic z IrE \,4 4,E s M #3 - - --43, 249:00 - - - - - - - - - - - - - - TEM 414 --f 9a3.00. f rt r s fi` ,1 a: "ITEM #15 _ i K I TEM !6 - - - s 112 . C10 ITEM s n F ' 1 'rfS {l , ~ rr s' + r a "117 992.00 TOTAL AMOUNT-- - -------4151e89.Oa We appreciate this opportunity to do basiness with' you. , Sincerely, f 1!ssssa ('0L, ` FkANt.ISC J. a+~NCHEZ F' : ' t t r,. , t 07 '-11 ~x. fw7 ,Y ~5 Y ~ t r vq [ 1 sl. 1~ 1 7{, '.'114 a e ff.4 r!. 1~, 4 1 / ' i P.O. Box 688 • 1002 W. BW]ock a Denison. Texas 76020 • Phone (214) 4664292 t { V.Y 4` 1~-<M•R4I.~.s r.wW~'Mr - .+vw.wrrw..w.\,r..r.............nr+w....r.+~.....-..........+.,.-.... r.ra.+.Y,~.rwr~wurwA;M,M. ~ r' / r y'. r a f % S r t ' I•. r~6~ aas"I i i BID NUMBER 1066 BID PROPOSALS Pape 2 of 2 f Pwdwekp pepart i 601 I T MS ~ i DMF Tuu 71261 1 I ~t fTEM DrE.SMFTM aitNN, PRICE AIAOUNT f 1. INSULATE AND INSTALL LAGGING UNIT 5-4 PER 1 $ $ 1~ SCOPE OF WORK' a. INSULATE AND INSTALL LAGGING UNIT 3 PER 1 $ $ II 1 SCOPE OF WORK 3. INSULATE AND INSTALL LAGGING UNITS 1 & 2 1 S $ PER SCOPE OF WORK f` 46 INSULATE AND INSTALL LAGGING UNIT 5 PER 1 $ S i, SCOPE OF WORK 5. INSULATE AND INSTALL LAGGING UNIT 4 PER 1. S SCOPE OF WORK *q i 6. INSULATE AND INSTALL LAGGING UNIT 4 PER 1 $ S f j SCOPE OF WORK 7. INSULATE AND INSTALL LAGGING UNIT 4-5 PER 1 S $ , i SCOPE OF WORK 1 WORK DAYS r of i' - - ri 9 ' Ir It l M. ! TOTALS l We quo1. Ns.bofw~~F1~.o~~b. d*Wwad to DoNon, Texas. SNpment can be made in days from receipt of order. Temw nMldb i unit" otfw wls. hblcated. 1 ! t ' M ubl*tkp ttw above bld, vw vwbor aprws Mot acaptana of any or an bid Itemu by " qty of t7sn10n, Taxis whMn . 4s;> , roasa,abi. fxerlod of tkne oonetuva a pontraN T!w cornptetee 94 Proposal must be propory priced, atpn.d and of urned A err ~ 1 , J ~ - _ OWL* t i ' i Td1{~iO.y Tern i i tl '.l ~r'•~~'M1'~Ii..lYiM1Y1M./.V 4\MVl•W \Ilif.w.Y-i\i•.- w'l.~n.1u.':.'/AUr.n'~`>!. V'.✓.i.I i'+<ri"s .'0.'a.R]+II ' C t ' BID NUMBER 1066 SPECIFICATIONS P'9' 1 °I 6 , j PwcNsl" D.vuumnt City of Dtnt°n, Tuut ' I CITY OF OENTON ELECTRIC PRODUCTION f DENTON, TEXAS 76205 CONTRACT SPECIFICATION AND SCOPE OF WORK FOR INSULATION AND LAGGING No. 90-02-INSUL A contract 1s termed legal and binding upon award to the ' succetsful bidder by the issuance of a City of Denton Purchase, t Order. This specification is for insulation and lagging as described y in the Scope of York for the City of Denton Electric Production a~ „1 Power Plant. The Power Plant is located at i701-A Spencer Road, Denton, Texas 76205, (phone (8171-566-8258). This contract specification includes the following: Scope of Work ' Contractor's Responsibility City of Denton's responsibility - SCOPE OF WORK - Item i Insulate and install lagging on Unit 5-4 feedwater heater y c, (Class E) including: casing shalt .1 feedvater 'plping ~r ' r drain'piDins'. j .vent and gauge piping t , removeable insulated cover ' Item 2 Insulate and install lagging on unit 3 flash tank piping, muffler and vent line (Class 0), J Item 3 Insulate and install lagging on units one and two main ki l steam lines, block valves (Class A), feedwater lines, block valves (Class B). Item 4 Insulate and install lagging on unit five flash tank j, d inlet piping, air heater soot blower drain and startup vent drain through 6 ft. above support at 1st elevation (Class 0). It&% 5 Insulate and install lagging on unit four air heater soot , 1 blower line located in penthouse (Class A). t t` Item 6 Insulate and install lagging on unit four flash tanks l inlet line located in penthouse (Class 0). i` r i 00 rF 131D NUMBER 1066 of ' SPECIFICATIONS Ps" 2 6 I Prrduilng Drprterwnt I~ City of Denton, Taut Item 7 Insulate and install lagging on unit four and five pneumatic relief valves, discharge, and annual isolation valves. (Class A) - CONTRACTOR'S RESPONSIBILITY - F Item i Contractor shall be insured and abide by performance requirements specified in Exhibit A. Contractor shall provide such requirements with return .i~ bids. Item 2 Contractor shall furnish all labor, supervision and management personnel for canpatent completion of work specified in the Scope of Mork. I Item 3 Contractor shall supply ladders, scaffolding and/or work surfaces as required. Item 4 Contractor shall provide and administer all required. s'' •r `I personnel safety apparatus including; hard hats, safety lines, etc. Item 5 U ' i Pon co~omencement of this contract, contractor shall be 1 responsible for correcting, amending and/or revising any f - procedure or process necessary to comply'with this ? specification. Failure to comply with this ilea may ;1 result in termination of this contract. r r ti I- Item 8 Contractor shall and services required to erform heat insuation'work in accordance 4; with this specification, Item 7 All insulation material shall be calciu~a sllicat e in 2 accordance with ASTM C533. All insulation cements for L s d, A use with calcium silicate insulation shall be in 1 t 4 accordance with ASTM 0195. r s Lr Item 8 Piping insulation shall be in sectional or segmented t forms, and equipment insulation shall be in rigid block form unless otherwise specified. t r w~ I j % _.~.-...~s~..... ....,.....u......._.....-..,.........r. w.wryvM'>ro4w.rr.li.+r~-i ' L l.. I► 0001- V i Mil f rwF I BID NUMBER 1066 SPECIFICATIONS P,gs 3 of 6 PvrcMrkp Deputn►ent ! qty of Denton, Tuu Item 9 Mire for securing insulation to piping shall be type 3023 dead soft, stainless steel wire in the following gauges: Size } i Insulation IA- meller 6_,18` ZO' 3 ]arster Inner layer of is ga. 18 go. •16 ga. double thickness or single layer Outer layer of double thickness 1s go. 16 go. 14 go. straps or bands for securing insulation to Y equipment shall be 3/4 inch by 0.020 inch stainless steel. Mire used for connection ; with equipment shall be 14 gauge, type 302, dead soft stainless steel. Studs used for attachment of insulation shall be Nelson stainless steel studs in lengths suitable for the insulation thickness. E ' r Item 10 Aluminum Jacket material shall be ASTM 8209 ALCLAD 30040 or approved equal. All aluminum Jacket material shall be smooth sheet plain finished. j Item 11 The minlMwm thickness shall be 0.020 for jackets used on outside diameters of 12,75 inches and smaller. The minimum thickrriss shall be 0.024 inches for jackets used on outside diameters greater than 12.75 inches. 1 r, Item-12 Aluminum sheets shalt be machine rolled and formed to accurately 'fit insulation curvatures. s t Item 13 Aluminum jackets for out-of-door installation shall be f tti provided with an asphalt and Kraft paper moisture barrier. The moisture barrier shall be attached to'the inside' sirfaces of the Jacketing, or shall be cemented t}1 t ',r to the insulation before application of aluminum Jacket. Item 14 Screws for attachment of aluminum packets shall be 1/2 J\I1 Inch or 3/4 inch (as required), self-tapping type made from stainless steel. Screws in out-of-doors jacksts' shall be provided with neoprene washers. Item 15 Elbows Piping elbows with insulated outside diameters I s"ller than 13 inches shall be jacketed with aluminels as manufactured by the Preformed Metal Products Company I or approved equal. c 3. ' I n •"~~~^~^I.~q.~LIYfML~... ~,rM.. ~..y~..w:i.J,: .u.v.n r.. ,u. - ''NA K!/✓•:.alt L, sJ wt,l•+4 ?~l.~J'.M 14ti~'(.14YIV3 M{Lal4w 1 - , 1 810 NUMBER 1066 SPECIFICATIONS P"o 4 of 6' Pure %*4 D$Wmmt ! Gtp of Wnton, Town Piping elbows with insulated outside diameters 13 inches and larger shall be Jacketed with mitered segmented 0.024 inch thick aluminum elbow packets constructed with beaded ' r interlocking gage ,points. Mitered segment widths shall be standardized to give work a uniform appearance, and shall not be more than 4 inches wide at the widest point. 1 Segments shall be lapped on the inside curve of t rvhe . elbow. Laps shall be not less than 2 inches wide and three sheet metal screws shall be used In each lap. Beaded edges on one and at each segment shall be coped to provide a smooth edge line at the caps. l Item 16 Insulation and lagging materials for piping and equipment I s' shall be installed as specified below. The letter r designations shown below refer to the designations as ;i specified in Scope of Mork for each item. Ooer4tin ulation Thickness ClaSg Temp, Pipe Size jwr LayerlOuter Laver LQ-Ul ?i A 801 F to 1-1/2' 8 smaller 2" none 2` 1005 F 2" - 3" Y 1-1/2" 3-1/2" 4" ' B" 2" 2" 4" ! !0" & larger B 501 F to 1-1/2 b smaller 2- none 2" 801 F 2-4" 1-1/2" 1" 2-1/2" 5" - 10" 1-1/2" 1-1/2" 3' 3 12" 3 larger 2" 2" 4- ' 301 F to 2" d smaller i-1/2" 1-1/2' Ei 0 500 F 2-1 r.{ ji, /2 to 10" 2" 2' 12" d .lar'ger' 2-1/2: D 160 F to 2` 6 smaller 1" or Std I" or std 300 F 2-1/2" to 10" 1-f/212" i larger 2" 3° 4' { E 501 F to equipment 1-1/2" 3- 800 F= F 301 F to NO F equipment 2 2 i ' ;'A 0 150 F to equipment 1-1/2" 1-1/2" 1 300 F + r. 1 t '1 I I[` 1 t _ } I 351t f y 71 to y _...-..+.r- ....._.«rwU..v r._.v... r.,..w..w..._.r..~....r....-.r.s~.....:.. r.ww'..w,+N 1.-wa4riM.}K' '[YIKY\~1'/YhA►r'- , 3 r i Pori V BID NUMBER 1066 SPECIFICATIONS PW 5 of b " ►ureMefrp Dcpwtrr>.nt Chy of Daman, Texas r Item 17 Piping insulation classes A through D shall be applied i tight seams and joints using wire loops on 6 inch centers. Mire loops shall be thoroughly embedded into the outer insulation surface, and all cracks, voids, and depressions shall be filled with insulating cement suitable for the piping temperature. The surfaces shall c be smooth and unlfarm before application of outer coverings. Double thickness insulation shall be applied with the j longitudinal and circumferential joints of the two I 4 layers staggered. Each layer shall be separately wired } as described above, and all cracks, voids, and I depressions shall be filled in the first layer before I r application of the outer layer. ` Item 18 Insulation on bends shall be cut into sections sufficiently short to form a reasonably smooth exterior. After the insulation is in place, it shall be smoothly f coated with insulating cement. j " Item 19 Valve bodies shall be insulated in the manner and thickness specified for the line in which they are located. % Item 20 Insulation shall completely fill all spaces under aluminum jackets so that there are no voids under the " jackets. Insulation cement shall be used where required E to fill such voids. , , s rte, ! Item 21' Equipment insulation shall be applied with interruptions: to permit access doors, inspection doors, flanges and t. other r special I inspection or maintenance without opened disturbing or removed for insulation. ~ { M Box outs around code staving symbols and name plates ~ Y shall be provided. Double thickness insulation shall be < applied with joints staggered and all voids filled. ~ T Item 22 All insulation shall be completely covered with aluminum r ' ! jackets so that there is no exposed insulation. Screws F; I shall be placed in such locations and numbers required to produce tight joints without 'bellying'. Spaces of screws shall be uniform as practical and on centers not exceeding 6 inches, except where piping insulation outside diameters are smaller than 9 inches, where spacing shall be on centers not exceeding 4 inches. y. v r. 'i '~~.~Y~`/6K1►i~lptt/CJ4+iltWaas+..., e_.w..'...... . 1 Ufa - - foll ' BID NUMBER 1066 SPECIFICATIONS Pn' 6 6 (f.a~c.. Pur~.~tna o.pusn►.nt 4 any of o«,nn, Tax.i 1 i Item 23 wherever possible,-all joints shall,ba lapped. a~minimum of two inches, and so spaced that they are obscured from normal points of vision. Joints in out-of-doors locations shall be placed so as to shed water. Butt points in aluminum jackets such as pipe-tees, shall ' be made using a rolled seam with a minimum lap of 1/2 inch. openings in out-of-doors jackets shall be suitably f' flashed and weatherproofed. Joints or openings in out-of-doers Jackets which cannot be effectively sealed } from entry of moisture by flashing or lap shall be weatherproofed by application of an aluminum pigmented sealer, Benjamin Foster No. 30-45 or approved equal. Cement shall be dry prior to installation of aluminum i jackets. All joints in jacketing shall be made with ; suitable provisions for expansion movements. Item 24 Contractor shall perform Scope of Work within four weeks of notification by owner to begin work. Item 25 Contractor shall submit firm bids for Scope of Work Items 1 2 3, 49 59 6 and 7. 9 on-site ien to Item 26 0ontractor. site alprior l maktoareturning bidptotarrangereniew j on-site visit contact. Jim Thune, Superintendent ' City of Denton Electric Production t r1, Spencer Road , ,'Texas 76205 Phone (ail) 566-8258 10entpnA ! CITY OF DENTON RESPONSIBILITY - i# the following: , ~ The City of Denton will 3 to represent the City of ~Designated contact person i Denton. Potable water supply and electrical power (110 VAC) 14 at predetermined locations at the plant. ` S j ' t r - ell, r CITY COUNCIL N ; 1 I 11 1 ~ d r r iI yi C "f _ I'Y j _ i i 4 2326L CONTRACT FOR HAZARDOUS OR TOXIC t WASTE MANAGEMENT On this t6 day of , 1490,`r;11?'1~ Pennsylvania general partnership cons de ng o NATIONAL. iL CTRIC, INC. and WESTINGHOUSE SPECIALTY SERVICES, INC., (hereinafter designated as j 'APTUS') and City of Denton in Denton, Texas (hereinafter desig- nated as 'Customer') enter into this mutual contract for the man- agement of certain waste materials according to the provisions set forth below. 1. Services. APTUS shall provide hazardous or toxic waste management for Customer according to the provisions of this contract and Addenda A and B hereinafter designated as 'Addenda'. Said Addenda shall be deemed attached to and incorporated into this contract upon their execution by both parties hereto. ;i ~ I 2. Waste Characterization. Except to the extent that APTUS characterizes customer's waste based upon analysis of samples provided by Customer, Customer shall fully inform ` I APTUS of the chemical, physical, and hazardous character- istics of any waste to be managed pursuant to this contract prior to APTUS' performance of any services hereunder. 3. Scheduling. Services shall be scheduled according to the provisions of the Addenda or by mutual agreement of the { 'Ilk parties. In the event commencement of services by APTUS :r is delayed for more than two hours due to Customer's s action or inaction, APTUS shall be entitled to reasonable demurra charges of $75 per hour. Demurrage will not be ' ' assess for any time p~ during which services are actually being provided. 1' 4. Compensation. Customer shall compensate APTUS for services provided according to the terms of the Addenda. Unless otherwise provided in the Addenda, Customer shall pay or , reimburse APTUS for all state and local sales, use or ex- cise taxes of any kind assessed on the services provided hereunder. Customer will provide APTUS a certificate of tax exemption to be used by APTUS for exemption of taxes on sales and service in Texas. If any charge provided for F herein is not paid NET 30 DAYS of its due date, Customer agrees to pay a finance charge of one point five percent (1.51) per month, or the highest amount permitted by law, g ~ whichever is leas, until paid. Customer also agrees, if its account is referred to an attorney for collection, to pay court costs ;plus reasonable attorney's fees. 5. Term. This contract shall become effective on the date Hereof and shall continue in effect, subject to the pro- visions of paragraph 16 below, until terminated by either 21 party by giving 30 days notice to the other. 1 6. Customer Warranty. Customer represents and warrants to APTUS that; a. any waste samples provided to APTUS shall be represen- tative of the particular waste streams sampled; b. any waste characterization provided by Customer shall be true and corrects - c. the physical and chemical composition of the waste transferred to APTUS hereunder shall conform within reasonable ranges to that of the samples r characterization provided by APTUS= d. Customer holds clear title to all waste to be managed j - hereunder or is authorized by the owner of said waste to arrange for management thereof; + e. if waste is PCB-contaminated oil to be chemically r detoxified, said oil 1) is mineral oil dielect_ic fluid (transformer oil); 2) contains no more that 5,000 ppm PCBs; I 3) contains no more than 500 ppm water; and 1) contains no constituents regulated as hazardous waste under the Resource Conservation and Recovery Act or as- sociated EPA regulationsl fs customer is not currently under legal restraint or order that would prohibit transfer of possession or title to 1 waste to APTUS for transportation, storage, treatment or disposal; g. Customer will comply with all governmental laws, regu- lations, and orders respecting the handling, storage, and packaging of the waste to be managed by APTUS; and h. if any company other than APTUS, including Customer, is PAGE 2 t pw~ l I I I i y3 to transport waste for management by APTUS pursuant to this contract, Customer shall require said 7ompany to ! execute APTUS' 'outside Transporter Certification' prior I to said company's transporting any waste to a facility owned or operated by APTUS or any of its affiliates. ; I. Customer shall provide appropriate access to the work ; I~ site. In this context, 'appropriate access' means suf- ficient proximity, manpower, and equipment to enable the safe loading of APTUS' truck in a timely fashion. The parties agree that APTUS' sole remedy for breach of this warranty shall be the demurrage charges outlined i h in paragraph 3 above. r I I , r' 7. APTUS Warranty I a. Disposal Warranty. APTUS represents and warrants to + , 1 Customer that: 1) APTUS understands the risks presented to persons, property, and the environment in the handling, transportation, storage, treatment and disposal of wastes to be managed pursuant to this contracts 2) APTUS is qualified to perform the services hereunder I F i i and will do so in a safe and workmanlike manner and ' in compliance with all governmental laws regula- tions? And orderer and 3) APTUS and any subcontractors employed by APTUS pos- sees and will maintain for the life of this contract all permits, licenses, certificates, and approvals necessary for the performance of services hereunder. 4) That APTUS will properly package, label and mark all applicable wastes under this contract in accordance with all applicable governmental laws, regulations and orders. b. The foregoing warranties are exclusive and in lieu of all other warranties whether statutory, express or im- pliedlincluding all warranties or merchantability and fitness for particular purpose and all warranties aris- ing from course of dealing or usage of trade), except of title and against patent infringement. 8. Indemnification. APTUS shall indemnify and save Customer inc u ng is employees) harmless from and against any expense, loss or liability caused by or resulting from the failure of APTUS for its Subcontractors) to fully comply i PAGE 3 .K ' J l r, i 1 with applicable federal regulations o , state or local laws, statutes, handling, trans governmental directives which regulate the rtii toe, hereunder and from tanyoandsalla claims d su is and liability for loss of or damage to an (including death) caused b y tangible property or persons APTUS or its Subcontractorrsa uringlithe ha handling, willful act of tion, transportation, storage, or disndling, collec- i hereunder. Customer shall indemnif Posal of the waste cluding its employees) harmless from aand nd agai APTUS (in- pense, lose or liability caused by against r any the failure of Customer (or its Subcontactors) to fullycomply with applicable federal regulations, or ~ state or local laws comply ; handl governmental directives which regulatettha 9, transportation, storage or die hereunder and from any and all claims posal of the waste for 1088 of or damage to any t suits and liability (including death) caused b angible property or Customer or by any negligent or willful8 act I its Subcontractors during the handling, ! collection, transportation, storage, or disposal of the waste hereunder. APTUS and Customer shall, in the event 1 Of liability arising out of their joint negligence j willful acts, be liable to the other and any damaged third rd party in proportion to their relative degree of fault. fr 9. Transfer of Title and Res nsibiIit . Following the load- ng o waste on AP S veh c e Cuatoper's site, title, res and departure from the for the waste shall ponsibility, and risk of loss 11 l,t shall defend, indemnify sand0hold sCustomer har~nlessnforPan5 connectedtwithathe waste8e' loss, fines, or other liability I 10. Liability. t` APTUS, its contractors and suppliers of any f t er all not be liable for loss of profits f loss of use of equipment or or revenue, cost of purchased or replacement power system, or cost of capital, ment (including additional expenseswincurredmin ausi guex- isting f r facilities), claims of customers of the Customer, i or for any special indirect, incidental, or consequential damages whether based in contract or in tort, including negligence or strict liability. a. The total Cumulative liability of APTUS under this Contract or any act or omission in connection there- with, such as the performance or breach thereof, whether in contract, in tort (including negligence or strict liability), under any warranty, or otherwise, shall be r- limited to the upon which sucprilce of portion based oofr the services $1,000,000, PAGE 4 s 1 / 1 ' i 1 I\ I f ~ jl]1/ • I II Whichever is greater. This limitation shall not apply to i ' liability for adverse effects on the environment. i 11. Insurance. Before ~ performing any services hereunder, ~ APTUS shall obtain and maintain for the duration of this contract, at its own expense, at least the following insurance: t Coverage Limits a. Worker's Compensation Statutory i b. Employer's Liability $1,000,000 per occurrence c. Commercial General Liability $1,000,000 combined (bodily injury and single limit property damage) i d. Excess Liability $4000000 per occurrence and aggregate e. Automobile Liability $5,000,OOU combined (bodily injury and single limit property damage) x;. f. Environmental Impairment Liability (including 31000,00 per occurrence f` sudden 6 accidental and 6,000,000 aggregate t r non-sudden 6 gradual) General Liability and Automobile Liability insurance shall 'r name City of Denton as an additional insured. Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify APTUS and the City of Denton 30 days prior to ef- fective date of any cancel;.ation or termination of the I+ policy of certificate or any modification of the policy which adversely affects the interest of the City of Denton in such insurance. The notice shall be sent by registered mail and shall identify this Agreement, the policy and the insured. Prior to commencement of work, APTUS shall fur- nish Customer with acceptable evidence showing that insur- ance coverage described in this article has been obtained. E ; 1 12. Non-Conforming waste. APTUS shall have the right to reject 1 or revoke acceptance of any waste that does not materially conform to the characterization or sample provided to APTUS - j by Customer. APTUS may at any time prior to possession I reject waste that does not materially conform to the char- PAGE 5 J 5 I' I F acterization or sample provided to APTUS by Customer. If APTUS accepts waste hereunder, but determines within a reasonable tims thereafter that the waste is non-conform- ing, APTUS may revoke acceptance of such non-conforming waste, in which case Customer shall pay, is applicable, (i) the cost of transportation to APTUS' facility; (ii) the cost of return transportation from APTUS' facility to Customer's premises; and (iii) other reasonable charges incurred by APTUS with Customer's prior consent. If APTUS rejects or revokes acceptance of any waste, it shall imme- diately orally notify Customer of such refection or revo- cation of acceptance and the manner in which the waste is it non-conforming and shall confirm such oral notification in writing within ten (10) business days. In the event of any such rejection, or revocation, APTUS shall also, with Customer's assistance and approval, pursue all other rea- sonable means of managing the waste. Title, respcnsibil- t ity, and risk of loss for non-conforming waste shall remain with Customer until Customer and APTUS agree upon appro- priate management of said non-conforming waste by APTUS. Until such time, APTUS shall be responsible only for its own negligent or intentional acts with respect to non-con- forming waste. _j 13. Force as eure. Delay or failure of either party in the ' performance f its obligations hereunder shall be excused if caused by circumstances beyond the control of the party { { affected, including, without limitation, acts of God, strikes, fire, flood, windstorm, action or request of governmental authority, and inability to obtain material, equipment, or services, provided that a prompt notice of such delay or failure is given and the affected party diligently attempts to remove the cause. 14. Confidentiality. Should APTUS, in the performance of this contract, acquire confidential information concerning Customer, whether financial, technical, administrative, or of some other nature, APTUS shall hold such information in strict confidence, and shall not use said information, nor disclose it to any other person, except as required for regulatory compliance or performance of this contract, without Customer's prior written consent. 15. Independent Contractor. APTUS is and shall perform this contract as an independent contractor and as such shall have and maintain exclusive control and direction over all of its employees, agents, and operations. Neither APTUS nor anyone employed by APTUS shall be, act, purport to act, or be deemed to be Customer's agent, representative, employee, or servant. APTUS assumes full and exclusive I j PAGE 6 Ile- E I; responsibility i~ ` for the butions payroll taxes,, and payment other all premiums, contri- r taxes now or hereafter { required by any law or regulation as to all personnel en- gaged in the performance of this contract and agrees to comply with all applicable laws, regulations, and orders relating to social security, unemployment compensation, I OSHA, affirmative action, equal employment opportunity, ; and other laws, regulations, and orders of like nature. For any work hereunder subject to Executive Order 11246 (Equal Employment Opportunity), the Vietnam Era Veterans ! Readjustment Assistance Act of 1974, or the Rehabilitation Act of 1973, the parties hereto shall comply with all pro- visions thereof together with all applicable rules, regu- lations, and orders of the Department of Laboc, and the notices required pursuant to 41 C.P.R. 60-1.4, 60-250.4, and 60-741.4 are hereby incorporated by reference into this contract. 16. Cancellation. Either party may cancel this contract in- me ate y upon notice to the other patty, and without in- curring any liability to that party if such other party a. violates any provisions of this contracts i b. has been adjudicated bankrupts I c. has filed a voluntary petition in bankruptcy; i d. has made an assignment for the benefit of creditors; or e. has had a trustee or receiver appointed for it. 4 17. Lion-waiver. The waiver by one party of any breach or de- au~ fault-Fe-rounder by the other party shall not operate or be construed as a waiver by that party of any other or subse- quent breach or default. 18. Assignment. APTUS may at any time, upon written notice to Custoi m- er,'-delegate orally or in writing the ?erformance of services hereunder, or any portion thereofI provided, how- ever that APTUS may not, without the prior written consent of Customer, cause the disposal of waste materials at any facility other than that specified in the applicable Ad- dendum. Any such delegation shall not operate to relieve J APTUS of its responsibilities hereunder, and notwithstand- ing any such delegation, APTUS shall remain obligated to Customer in these undertakings. Except for the right to payment, neither party may at any time assign its rights ! under this Contract. PAGE 7 . r.. ♦y''.t..nn \i:/J'::r..1•:.i.'.y ~)Y.".~1J i/:i. Ha...n i I FF fj 1 19. Non-exclusivit This contract shall not be construed ae granting to APTUS the exclusive right to manage waste far Customer. Customer reserves the right to contract with J other parties for such services as it deems necessary. j 1 20. Applicable Law. This contract shall be governed exclu- sively by the laws of the State of Texas. Venue for any J „ lawsuit involving this contract shall be in Denton County, Texas. 21. Severabilit . If any provision hereof is found to be f4 illegal, invalid, or unenfocceable, for any reason, such ! 1 findings shall not affect the other provisions hereof. 22. Entire Agreement. This contract contains the entire and ~ only, agreement between Customer and APTUS respecting the subject matter hereof. It sipersedes all prior or con- I flicting agreements, representations, promises, or condi- tions, including any conflicting provisions contained in f purchase orders submitted by Customer hereunder. Any mod- ification of this contract must be in writing and signed ~ by both parties and must expressly indicate an intent to modify this contract. } 23. Notices. Unless otherwise indicated, all notices pursuant r to this contract, except for notices under paragraph 16, shall be sent in writing by certified mail, return receipt { „f requested, or by facsimile machine (PACS), addressed as ! follows: TO APTUS: TO CUSTOMER: zS 3 APTUS City of Denton Attn: Bill Noel Attn: Purchasing Department Service Consultant 9018 Texas Street P. 0. Box 1328 Denton, Texas 76201 Coffeyville, KS 67337 (817) 566-8311 FACE No. 316/251-1095 (direct dial) Any notice transmitted by mail shall be effective as of the date mailed. Any notice transmitted by FACS shall be effective upon actual receipt. Notices pursuant to paragraph 16, may be given by telephone, but must be confirmed in writing within ten ' (10) business days. Agreed to by APTUS and Customer as of the date first written j above. PAGE 8 14: S 1 1 owl I 1 I I f I i 1 CITY OF DENTON, TEXAS ; 1 i I V. BARRELLr CITY NAGER I ri 1 t ATTEST: ~ a JENNIFER WALTERSI CITY SECRETARY i I BY: i i APP VED AS TO LEGAL FORM: DEBRA A. DRAYOVITCB, CITY ATTORNEY 1 411 BY: j s E i NA. / F ERA S LES MA R Y1 I ATTEST: SECRETARY I I l I ,1 I PAGE 9 ill `S .w.l+eanwMtn.ewa./4e.~w+s`Ir.'.w.u«+~....... i...`.. ~..-•.~~r~.+- ~ 1 I' y l 1' ~ ti i ! } FF I1 { I , ADDENDUM A r ~ i PRICING APTUS shall be entitled to compensation for services rendered at the following rates, which are based upon the actual gross weight of qualifying waste products: Waste Product Price Per lb. Transformers 0.54/lb Capacitors V .54/lb 1 I ! QUANTITY APTUS shall pick up and dispose of the waste products identified { below. Estimates of weights and disposal coats are listed foc reference only. Type• ID Conc Gals Oil Weight Cost T 3967 140 44 1500 810.00 T 3968 140 44 1500 810.00 " T 3969 140 44 1500 810.00 ! T 3679 44.9 15 480 259.20 T unk. unk. 1300 702.00 4f T 968 33000 84.5 2815 $1 520.10 T 4628 2300 43 1070 577.80 T 4629 2400 43 1070 577.60 T 4509 7900 17 500 270.00 T 4514 3200 17 500 270.00 T 4516 2500 17 500 270.00 T 175 2000 6 200 1108.00 T 1156 520 65 3400 $1,836.00 T 3360 400 14 454 T 1559 70 12 405 215.16 218.70 I C 71084566 50 77.00 C 1198837C 75 115.50 C 71051041 90 138.60 C 3150347A37 78 120.12 C 174C986A11 68 104.72 Total Projected Cost $9,840.70 f ; *IV represents transformers and 'C' represents capacitors. ! 1 f ~r i a N Fir II I ADDENDUM B ~ I j DISPOSAL OF PCB TRANSFORMERS 6 CAPACI'T'ORS 1. The listed transformers and capacitors need to be packaged for handling, transporting, pick-up, and disposal in accor- dance to all federal, state, and local regulations. 2. Bidders shall provide safety and liability insurance certif- icates with the bid. { 3. City of Denton will assist in loading PCB materials into dia- f posal vehicle. 4. Final payment of 10% will be processed after letters of de- invoice date, invoiced id dueo within are 30 days received. of it 904 of e amount shall be such ? invoice to be sent after pickup of transformers and capacitors F from the city of Denton. 5. The City requires written procedure for the disposal. { f 6. Bidders shall specify any additional weight in packaging, if required. 'I ` 7. Bidders shall agree to or note exceptions to the attached contract. Upon acceptance of bid, City will furnish two (2) original copies for authorized signature. - ' , 8. Pick-up site is 1701 Spencer Road, pole yard, Denton, Texas 76205. { r r I "Y' • / JUL- 6-90 FR1 13: 18 APTLS SALES DEPT, FAX NO. 13162511095 P. 02 r 1 Qf , It Uri (wRpyyyl 1 AI i 1] 03071 Pert K *MO AS A *ATTIA OP mmxwTIDN pLY µD MCI AkU& o A ~ 1V nq iOyC~ti~ f f Johnson i NlggImS of PA, Inc, 2600 OM PM Place COMPANIES AFFOADINO COVMGE ' Pittsburgh, PA 1!222 Ook"my A •1412Jl91•fl30 LtiT1>;fl ~►Q11SED ~ ~ xestinghouse Voctrlr. Corp. i its IbJarlty owned burr O subsldlary 04rporstreas, westIAGrotse Du1141ng, 6 Oateray Coefer, Pgh., PA I= IneludlP4 OprAMY p westleghom Sooolslty iwvlcesInc, i Matto I ileatrla, Inc. d/D/I Apt" MY _ r" 0 TO 6IAT/Y THAT PVJCC93 OF I LISM SQCW NAVI IIIN TO TM aK * 11 ~ N TMTWTANOM ANY AIOUIUIM WT T't M aaMafrfON OR ANY COMTIIACt M oT~W WTR I rOA 1W ~OIICV rLl*t MAY i4 OF SUCH PPOLCRtM t►ri tMSUl~lhc[ Ano+roso Ir swt ►a~C+ct atspuado l DOlf rMa Au n+i?tom C~tAflne. CLUSAkf, ANO ca 0 TYPE Of INSVP,Ar.t POUOr NVL'6ER ~Otir M~knt ZC t•V4.0~ UA&jUrV LASTS a ThOt,9001 aR, ffirK yi.yyoyyn n GthLPAL UASILlTY AaWd4ri i A X a4#W4K Wj syry SStL-3745004 q0`r • PtwU&*P ATL.4 I/I/go I/1/91 •~yOt`~ S i x Owl MLw r.gw C.~►WM1 i C011MAVA z +aftVL4f 01%M4CTOPs i0 S 1,000 s I'm f V" POW 1 VIP" aAA" Ax* i ~ ~+snw ~ s 1 ~ aoo j "TONOOU wWrY f AM k" A ALL NV a AVECS ,?Ilk. PAU I ti tip S Au 0*4 Aufosi ► -1]33532 I/I/g0 I/I/9t x k" Am s x 4MOA0 0 MIT% GAAPN L AWITY S to CA t LLtrLJTY " a Pa S A X Le1PFtLAAOa SRLI-IS4229! I/1/QO VIM A e0 a S 1,000 i 4,000 lcrw flUN 041110w row WOARW COHPi1.iAtgt It.ryrat, y A)0 MIII2l3317.02 VIM 1/1/41 S TACsAS, 41 I WKOYW' WkrTV sad reMrele thereof S +WAM 11%0 LSAT I or 149A s iOSCLSttAatwlan ' ' Ij OgG4PTpN 0a buATONSWCA mist! jaw[ . . WOLI.O ANY OP W A" OiiC"[O POW" WON Mt tk. c Plr.:THW DAfs TMIPIOP, Txi 16S a Coif WILL 9409AVOR ra LWLE C=IFICATE RAIL ~p DAYS WPrrttM Norlu r eurvu urf. IVT PA,uiPd ♦ W R stxsr NO s+lAl l srPOp r+ONk"10R 111 tuWtr OP ANT RthO 4/ PAAn I'm A PiPP NTA { AyT- vrArk! III , ♦ 1 e f in- 6-90 FR1 13:19 APTUS SR1.ES DEPT. FAX NO. 13162511095 f, 03 r. • • • w n+WCan.~ DIn+/•o r 012.12 ►AIQ~OYC(11 MOt Y/CN TMI Ct11TYKATt~ hd CEllfl/IG4Tf ~0[I~MCT AlIL1O, • WIND 04 AMA =800 2600 oa Ono r< PPG lgg Place •t P.nnsrlrMis, 1ne. COMPAN19S AFFORDING COVERAGE Plttssurgi,, Tn 1AM C04rA (e12})9I-3)S0 =04F'ANY Allstlvnsl UeIOa Flrg Insurwo CO+pany Atfnl 0. uJarce YeSU14D LiTTfAry S Plmat Insurefte Caspany lr•stingl+ousa [I•t1rIC corporatroa and Its M•Jority 0rnad Subsiol" CgrOarstlods ► rT r C V*stingAowa sul I4304, 8 gataaay Cantor D + Prttstwrgh, PA 11222 Incladlnq westlsgt,ousa SwIfity SeevIcts, lee. I liatloaal [lactrle:, Inc, Oils AP%s MAT Mft T1Nfgt M NT~COMOfT10MSIAN TOT+rt~ AiOfyYa:TCI~I~M~g~t1CtVB~JJ~ MA" ` RwtYEn Oel~AAT IiATAAt, n%DAYIla^A A" Onto aY Ti1l .m"S DEi~D A CT T6 ALL ThN TtRMi,10t TsOMS OI iiYGIGe ►ouCxi LW rrS wCMM YAT MAvg IIDI XU UM SY AUD CLWL rfst co m*AAKt mxy NYM!E,II eMi 1 l a~ J~^n OLKIAAIW111LlTM . ~~[iK.ORKGr.R ' OMAKOAAl0140^ µAMV r~ppKespO~wo~s wljwq OAM W01 ~act~+Mhu kMO.~I i.pAA'4aa.~Al'e DIRE►i { f>yRLC'C~f 7AORG E Cho$ K W V4 = , I kv 66" wn Gt r+W S r!9tc Itlf+dl Mrr OM kASOa = •L . AYtOMOtAt WBARY Awr AUTO Ali 000 kR0! i ct* r AOA+OVIhdO A1lI06 S •i, + j iY4GiW1tRY LiAMLRY 000D O :.ao.a•.A i OTltll TW U1 WUA OW IYOAKLIIt' ODISibMAflON s IVO~ AAR1}) i AND ~usraa wn 1 nrLOYSA±suAaeuT~ s o>fwuaawowa Am AAA I FIVTJQ" 1M to lagal liability SYddae Accld•ntal $ Moen an gradual $100000,000 total all losm Contractors P9110:6A ml 13$")2 01/20/00 01/20/41 1 140000000 par tlal■ Legal liability $ 2,000,000 sggregat• D[1CA/T►OM O10►tAATgns,lOC~flOWrVflaCiis+R[i~+0'r10WiYtCW e►t+d i i WA WY et A&M 0914 WO POU*U N CAAeMW boom Tw ~ 1 SA *L9 0"_" TH01101. TMt ISSYMM6 COAeIAMY WM 9MOAVOR td R?TNOTiCtU 11A11 AM MOTCt SMALL UPON MO gKOMM OR 1 UPON COMPANY, MS W. A' , T AIlT►IOAta>ID PAPP4310(TATIV9 i 1 q7i, 01 ' ~ if '~1 1 CITY Of DBIVTON, TEXAS PURCHASING DIVISION / 901.8 TEXAS STREET / DENTON, TEXAS 76201 i July 12, 1990 • f ~ ' Mr. Bill Noel APTUS P.O. Box 1328 Coffeyville, Kansas 67337 REF: BID 41072 - HAZARDOUS WASTE DISPOSAL I i~ Dear Mr. So el s Upon review of the proposed Contract between the City of ! renton and APTUS, there appears to be a conflict. On Page 2, Section 6, Paragraph e, Item 2, the Contract stipulates that no transformer oil will contain more than 5,000 ppm PCB's. The list of transformers (Addendum Al contains two transformers that exceed the ppm, } Item 6 Transformer ID 968 33,000 ppm f. Item 4 Transformer IU 4509 7,900 ppm Please acknowledge these two units and amend the Contract accordingly, or sign this acceptance letter and return it ds a portion of the Contract with all other provisions remaining unchanged. Tom D. Shaw, C,P.M, • Purchasing Agent ` TDS/cj f r 830.DOC Enclosure • Ac h 1 ged a 8 Accepted • Date Aprv ~ '-4 IN I 81715"8311 D/FW MEMO 267-0042 V`tai, , r I` Fn 1 i, I f Fw.xat 1 , CITY ! COUNCIL Ir t 1 ~f~y ~ Mfr . ~ 1 y~ f ...~1r 1 k r. 1 1 a r 1 c t ~ rF - g tf 1. t FFr: r - ~1 5L CONTRACT AGREEMENT STATE OF TEXAS COUNTY OP DEMN H THIS AGREEMENT, made and entered Into thia5}h day of - JUHR A.D., 1920 , by and between THE CITY OP D8N'!'OH Of the County of nENT Nr and State of Texas, acting through T.rnYn Y_ RARRRr.L thereunto duly authorised so to do, i Party of the first Part, hereinafter termed the OWNER y~ ~QUIPMPNT COy. IN 928 S_ MARSi.r.0 ARn P AIRI$ TgYAS 75051 i ' of the City of -GRAND PRAIRIE , County of DALLAS and State of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. MITNESSETB: That for and In consideration of the ~c payments and agreer~ rt ina;ter stntioned, to be mad nsand, performed eased inb the eLonr of, 0e zl. even ^ Fifit agree lte he(OWNER)i and Under the re saia Ph ty of tParty o ip he Second Part , (CONTRACTOR) he;lb t v e th•e~ onstr oc imFirst 'rt provements described was lIowa once and co:vplae t ' e Lion of certain ' = BIDS iYb~-1989 U? itiES ;C. I . P. BRISTOL CT NILSONHOOD ' 'ST. r BRIGHTIIOOD , SZ. , , LONGPBLI,OM t BEYLMIE ST., r SUN VALLEY ST. r VALIiATSRLINES i AUSTIN S? : f: 0$IOLB ~ $OB- LINKj HUMMINGBIRDST.r 6' .r FOXCROF!' ~r and ,'ell extra work in connection therewith, under the terms as slated in the c Cederal Conditions of the agreements and at his (or their) own proper cost and eipense to furnish all materialsr supplies, machinerYr equipment , bola, _ suPin necessary labor, insurance, and other accessories and 'seivlces ; complete the said construction, in accordance with the conditions, and prices stated in the Proposal attached hereto, and in accordance "it.h"all *f the General Conditions of the Agreement, the Special Conditions, the Notloe to i' r Bidders' Wyertleement for Bide), Instructions to Blddera, and the Performance i i j d Payment Bonds, all attached hereto and in accordance with the planar which includea all maper plats, blueprints, and other drawings and 'printed 'or •n l . - JB~'~ltlNrxq 3a#Yl1Y \'N.a<.i~M'.van-'.,...-'.'.:♦.'?:ai.b-:. v.'.,m.,,t.. .e,... _ ..............-~w...'.~w:. s:a::.~M-.r++ f ' w ftl fwa. e. written explanatory natter thereof# and the SpsciElcations therefore, as i FNGINHERI r, STAFP prepared by TNB CITX OP DENtPON tBXAS all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS j f independent Statue it is mutually ,nderstood and agreed by and between City and { Cont Contractor that considered ansemployeeeofnthe CitytofcDenton# Texasl Eot the f deemed to be o social security taxes, vacation or sick purposes of income tax, witbholding, leave benefits, worker's compensation, or any other City employee benefit. f CoContntractor or any shall pecf [me the city shall not have supervision ~control Contractor, and it is expressly understood services hereunder according to the attached specifications at the general y !manager of the City of Denton, Texas, or his designee + direction of the Cit di under this agreement. F Indemnification i Contractor shall and does hereby agree to indeani:i and hold harmless the City of Denton from any jnd all de `Yge third persons liabioccas16nedlity of whatsoever, by reason of injury to property or error, omission or negligent act of Contractor, its officers, agents, liable# with It is legally i j- invites, and other persons fmance of this Agreement,, and contractor vill,at its cost ragard perfor,co.the of Denton against any and all such ` t end e:penai`defend and protect the City j claims and demands. r< a of Lev and Venue Choir E 9`J 'r ' stns agreement the, law, of the State of Texas 'end yl venue for its construction and enforcement shall fie in t be courts of bentoin 'County', Islas c a to the date. The 'CONTRACTOR hereby agrees to commence work on orafter .1 commence ~x eitabliahed„for !ha start of work ae set,forth in written notice work, And,complete all work within the time stated in the P[oporali subject to t provided by the General and Sped 61 Conditions. such extensions of time as are The OMNBR agrees to pay the CONTRACTOR in urrent funds the price rc the which forms a part of euch n Conditions of the Contract. prices; shown fn Proposal, ' to the General and Spec p W pa yments to subject i { 7 :f } ~ 011 ,r, i i IN WITNESS WHEREOF# the parties of these presents have executed this agree*ent in the year and day first above written. t AYTESYs CITY OFD MM TEXAS 1 PZat of t irst aC,1111R E AAP~ LLOYD V. HARRELL, CITY MANAGER (SEAL). 'lilt ATTBSTJ 1fVnrj ATKINS BROS. SQt1IPMENT CO. INC. TRACTOR f Party of the Second Par ~v C91" 111 Title (SEAL) D AS no I ILr11. yi ,I I 1 Mi 1 rr'~ S' c ? - T N l 1 r' ~ 1 lY r . r: i # r f A N kl ♦ i~ S r l tike, 4 CA-3 {t f 1 Dll/s it 't, q- / 1 ly ! ` i jI' v 3 i rn'r~ ~ I J PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S ~ { k KNOW ALL MEN By THESE PRESENTS: That ATKINS BROTHERS EQUIDMENT COMPANY of the City of GRAND PRAIRIE County of DALIJ'.S , and State of TEXAS tag ? 111 principal, and WEST AMERICAN INSURANCE COMPANY I authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE ^*OF DENTON TEXAS , in the penal sum of H R TY T!!! THOUSAND, NINE HUNDRED MINTY 1B Dollars 4 5620997.00 ) for the payment whereof, the said Principal and surety bind themselves, and their heira, administrators, 1 executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written i 1 contract with the City of Denton, dated the 5th day of JUNE . 1990 r to which contract is hereby referred to and made a part hereof as fully and to the 'same extent as if copied at length herein. I~ i thatNOiE Tthe EFORB, THE CON, S SUCH, i, said Principal ~Isll duly faithfully hf pe OBLIGATION IS aie.cfoia. sbia Cohtrack";and; shall in all respects y rform".all" and singular the covenants,, conditions 'and r'¢ m and grse ix } ante in and by said contracE'agreed and covenanted by` the k petformed, and according to the:,' t? 14 Prinoipal'to, be observed and rF t'tua Snkint;, and meaning of said Contract and ths', alihl and 4 ba i . 3 Spe0lfic6tona hereto annexed, then this obligaEion aha11 void;' otherwise to remain in full force and effect/ PROVIDED, HOWEVER, that this bond is executed pursuant to. the provisions of 'Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be , ditereined in accordance with the provisions of said Article to ? thi same extent as if it were copied at length herein. ' PS 1 i,~'i1iK✓MMI,/w..+~`waI rYar«- .M w. e. ~ : ~ . t FF Surety, for value received, stipulates and a.rees change, extension of tine, alteration or addition3to thehtet no of the l i rns ? contract, or to the work performed thereunder, or the 1 plans, specifications, or drawings accompanying the sane, shall 1 in anywise affect its obligation on this bond, and it does 1 hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have a signed and sealed this instrument this 5th day of June 19 90 f ATKINS BROS. EQUIPMENT COMPANY WEST AMERICAN INSURANCE COMPANY I PRIM IP L S RET B By y Mike 1 Title Akins Ra tson Ds~cnlAnn} Title a-_i_1nr~e~t„ o Address: 8} Ana RTAS Eq on Inc.Address! wataon Acp 9 ]a 9401 rh•c. j laksha~ LBJ F ' f Gran Dallas .~~r 304 r file, , TX 75051 'TX" 75243 7ha gawe,an" a address Rx` Rgy Watson of tha Resident Agent' of Surety is:`' a x WATSON AGENCY 447 Step itlSTX 7., . Dai 524 . r 3 ; S3 Y . r is 'I CDisclosure of Guaranty Fund Nonparticipation 1 as In the event the insurer is unable to fulfill its contractual obli- gation under this policy or contractor application or certfi- Lund or othe solvency protection arrangement. cate or evidence of coverage, the policyholder or R . certificateholder is not protected by nn insurance guaranty , . ' - HfiMF~9'aY!ii¢!FII~W-Y.f~4f1~N~~~.F'ra.v.9G.N~.zAyyj,W.yk!u,iWAtif.Nw.fclai.wti:L^ul.4wMhw.4.i.~{1~p~~ ~ _ d r: CERTIFIED COPY OF POWER OF ATTORNEY WFm AMERICAN INSURANCE COMPANY ' F ! AOMIIISTRATIVE OFFICE, HAMIITOH, OHIO No. 369 f VOm Jul Mtn bu $1etu ITtertas That WEST AMERICAN INSURANCE COMPANY. In PurVINIncl of authority granted by Article vi, Section 1 of the By-Lows of said Company, does hereby nominata, constitute and appoint' Ray Watson or Fonda Watson - - - - - - - - - - - -°f Dallas, Texas - - - - - - - its true and lawful agent and attorney -in-fact to make, execute, seal and detiver for and on its behalf as surety, and as ; I its act and dead any she all BONDS, UNOERTAx1NGS, end RECOGNtZANCES, not exceeding in any single Instance iti C I r i fklfc3db~fS6~Y«, - - - - - - - je oatart, ny bond{a) of undertaking(s) gt arenteeing tie paym-ent -of notes and 449%4161-11 And the fullly and amply, oto all Intentssend puexposesasiIf they had been ~ c~ty axecuted end shall acknowledged by th eagsaid ularty slW t od officers of the Company at its office In Hamilton, Ohio, In thOr own proper persons. as The authority granted hereunder supersedes any previous authority heretofore granted the above named etiorrtey(o)^In•fact stay IN WITNESS WHEREOF, the undersigned officer of the said West Amsrican i 1 e.`o~foy~~~ Insurance Company has hereunto subscribed his nemi and affixed the Corpc-sts Seal of the sold Watt Amerlun Insurance Company this $t r of r ary 19 88 Is 2 1 . E r>r\ ~~G ~Vfo~...... ' /Ill • • i I ~ Asst. Secretary , STATE OF OHIO, COUNTY OF BUTLER } SS. On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State of Ohio. In and for the County of Butler, duty commissloned and wallrwd, tame I p~i~S of WEST AMERICAN INSURANCE COMPANY. to me a pehiwnelfy friowrii~'bibrjgd&Atf. iAdblGtiredAMW_ In and who executed the preceding insttument srsd he acknow y lodged the execution of the carne, are being by me duty sworn deposeth and salth, that he Is the olbeer of the Company 1 e and hissTWthat the ut,Irro as ollricaft6d to the er were duly if~ed n vA e subacrtbod the saki Instrument by the a Ua ity and the and di 1r*Ww of the T' ~ I Seat ° said Corporation. 1 41 IN TESTIMONY WHEREOF, I haw hereunto set my hand and effbad my OWal f ' 111 ,Z Seal at the City of Hamitum. State of Ohio, the day and year first abow written. 1 * (signed) f hio , O i„ Notary PuWto M and ounty 40MAtu a ; 1~ tit Y; ~heEM1' My CommTWon a ..QgF?!f1k~P.. 7 .`.HG r,. i ! f;l % This power of attorney It granted undw and by autftority of Article VI, Section 1 of the 8Y-Lam of the Company; extrew ka r S ..~;from which read: r?+ ASTiCIE VII f~ % SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chelrman of the Board, the President, any Vice President a ~ ! t Y Y Secretary, or any Asalatant Swoury shall be and is hsrsby vested with full power and authority to appoint any ono or more +I suitable papa as a resldont Vice Pres'dent or a resident Assistant Sacrotary, or to appoint attorneys in fact far the purpose k' 1 t:, of signing the name of the corporation as surety of quatantor. and to execute, attach the eorporate seat, acknowledge and I detiver any and all bonds, reoognizances, stipulations, undertakings or other Instruments o>. euretyshfp or guarantee, and poi- Ides of insurance to be gluon in favor of on "Mdual, firm, Corporation. or the official raprssentative thereof, Or to arrt~y county n or etas, or any oVW&f bard or boards of any courity or state, or the United States of America, or to any other poltUca! cub . . a,r dlvfsfat. ry Tide instrument is signed and seated by facstmtte as audwhid by the following Resolutfon adopted by the dirwors of the r ~tl Company on Aarll 2f, 1980. RESOLVED, Thet the signature of any oMcw of the Company authorized br Article Vi, Section f, of the Bylaws to apDOkt1 + attorneys In fact the signahme of the Secretary or any Assistant Secretary certlfying to the correctress of any copy of a power 4.r of attorney and the seal of the Compeny may be of ed by fauimll• to any power of attorney or copy thereof Issued on behalf of the Company' Such eignaturea and seal are hereby adopted by the Company as original signatures and tool, to be volid > y, _ end DirWing UP" the Company with the tame force and effect as though manually of uW. h y CERTIFICATE y t 1, the undenlpnW Asshtent Secretary of West American Insurance Company, do hereby artily that the foregoing power # of attorney, Aniofs VI Section 1 of the bylaws of the Comtpony, and the eboto Resolution of its Surd of DI»ctore tae two d and correct Oepiea and are In full force and effect on this data. t IN WITNESS WHEREOF, 1 have hereunto set my hand and the seat of the Company tilts ~rdaY o D . 19 yd C/ y use ~ 16239 i` ! • r r' erlg111~1' Asslatanl Sears" i 6-90 j I -0-Mr 1. 04, r. f ll p.'awn...,ra-•r..s......r.a..........a.,...r.,..r>,.uWV>wA..t1^,:r'lx a.:J wow r~wu M.r»+a+,-^..Mw~r.-..,n•...+~.wr..~-, ttl., y ~ SKI S PAYMENT BOND STATE OF TEXAS 5 COUNTY OF DENTON g 1 KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROTHERS EQUIPMENT COMPANY of the City of GRAND PRAIRIE County of DALLAS , and the State of TEXAS as Principal, and WEST AMERICAN INSURANCE COMPANY authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and ~ firs r' 1Y bound unto The Cityy of Denton, Texas, in the penal sum of THOUSAND, tiINE HUNDR D EIYB HUHa xn =y TWO NIB11ars (#562,997.00 ) for the payment whereof, r the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and asst ns 4 # jointly. and severally, by these presents: ; ~ t WHEREAS, the Principal has entered into a certain written`` i contract with the City of Denton, dated the - 5th day r Of , 191, p QD to which contract in hereby 4 ' ceferreo'to and made a art hereof as fully and 'to the sane extent'is if 'copied at length herein, , THEA'SPORE THE. CONDITION OF THIS OBLIOATIOH IS tHm~ the said Princi a SUCH, ; 3 n'at for his or a subcont ng yobthewotk provided to Of -the w v' in saidlcontract ~thonithis,obli ecgauttii on on o , otherwise to regain in full force and iffictj AROVIDED# HOWEVER, that this bond is executed pursuant 4to the provisions of•Artiele 5160 of the Revised Civil Statutes,;of 'r Texas as amended by the acts of the 56th Legislature' Regular session# 1959, and all liabilities on this bond :'shat! be determined in accordance wits the provisions of said'Aitlcie to ''the save extent as if it•wers copied at length herein. 1 PR 3 i'~~1~'~~+~F.~e+(Jk~,i~~ieF~S;G%!{d.'~'.Mt f, _~rl ~:t.Jl4:~~~l:it %Y>f~i^11•.'~.~•i+'1C:1. r. ~1Lii#`t+Yl/5 a ~~#1>fR. ~.1 FF Surety, for value received, stipulates and agrees that no M F«... change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the f plans, specifications, or drawings accompanying the sane, shall in; anywise-affect its obligation on this bond, and it does + hereby waive notice of any such change, extension of time, ? h alteration or addition to the terms of the contract, or to the I work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of June 19 40 ATKINS BROS. EQUIPMENT COMPANY HEST AMERICAN INSURANCE COliPANY PX;V4A SURE Y • o BY By Mike Atkins Ray tson 3 Title President Title At rney-in-fact j I AddresstAtkins Bros Eqpt Co, inc.Addresar Watson Aaencv 918 West Marshall 9401 LBJ Frwy., Ste 304 i i Grand Prairie, TX 75051 Dallas. TX 7524 ; The name and address of the Resident Agent of SuretY is r WAT ` Y Yfatson SON AGENCY , ~ 9401WF rwy. ,Ste. •:304;. Dallas, TX 75243 r • ~t' l ~'li ~ r Y 40 , r 1 Disclosure of Guaranty Fund Nonparticipation In tFeevent the Insurer is unable to fulfill its contractual obli- 3 i gation under this policy or contract or application or certifN cafe or evidence of coverage, the policyholder or certiNcateholder is not protected by an insurance guaranty ( f, fund or other solvency protection arrangement. PB _ 4 r •fi. t I FF CERTIFIED COPY OF POWER OF ATTORNEY NEST AMERICAN INSURANCE COMPANY ' ADWMMTAATIVE OFFICE, HAMILTON, OHIO No. 369 xttafo All Atto bq Qtet pttetuta That WEST AMERICAN INSURANCE COMPANY, In pursuance J of authority granted by Article Vl, Section 1 of the By-taws of told Company, does hereby nominato, constitute and appoint: 1 Ray Watson or Fonda Watson - - - - - - - - - - - - °f Dallas, Texas - - ! its true and lawful agent and attorney •in-fact, to make, execute, seat aM delhw for and on Its behalf as surety, and as its as and deed any and all BONDS, UNDEATAKINGS, and RECOGNIZANCES, not exceeding In any aingle Instance ice - -----a ¢Mr -00 f w, any bondlsl or undertakingfs) gwranieeing the payment of notes ind In soli&lifkr -1 Dollars, kawaoll And the executl°n of such bonds or undertakings In pursuance of these presents, shall be as binding upon sold Company, as fully and amply, to all Intents and purposes, as if they had been duly executed and acknowledged by the iagudarly oleaod oRiews of the Company at Its office in Hamilton, Ohio, In thalr own proper persa-s. The authorlty granted hereunder supersedes any previous authority heretofore granted the above named attomery(s)-In ixt I I IN WITNESS WHEREOF, the undersigned officer of the sold Wee Amwlun a~`o~Talt~~~ Insura..4 Company has hereunto subscribed hls nomi and affixed the Corporate Sul of the l,tI.. Ax 31ltJ oil sold West American Insurance Company do s 8t r of F rr ary 19 88. I STATE OF OHIO. ` SS. Asst. secretary COUNTY OF BUTIER f On tints 8th day of February A. D. 19 88 bel,n the subscriber, a Notary Public of the State of Ohio, In and for the County of Buttes, duly commissioned and quallfiod, come ThomaS y b A '6d e r of WEST AMERICAN INSURANCE COMPANY, to me I C WSW% V fiio>mH1~~i tAi~ndd4vldJa7 31fi5~r dloXbed k anQ wAo executed the Pneeding [rNerumenC and he acknow 1 lodged the execution of the same, and being by me duly swan deposeth and salth, that he Is the of er of the Company ? u aforesaid, and that that seal affaed to the ptecedirtg Instrwrtant Is the Corporate Sal of said Company, and do sold Corporate J j Seal and his tignature as olRcw were duly affixed and wbecribod to the said fnsvtxnant by the authority and directio of tM j w said Corporation. N TESTIMONY WHEREOF, I have hereunto an my hand and affixed my 0XcW I k4 Seat at the City of Hamilton. Stab of C-hlo, the day and year first above written, jf a Isignedl ' yl f Aut soft Notary In ando ButlerState f O A~naettCommon ex a Sept l"..95 199 This powsr of attorney Is granted undw and by authority of Ankle VI. Seckm I of the By-laws of the Company. axtneta { M , t from which rea d: A1111171= VI n A'~ SECTION 1. APPOINTMENT OF RESIDENT OFFICER The Chairman of rho Board, the Presldont, any Vice President a Sauoury, or any Assistant Seaetary shat? be and Is hereby vested with full poww and authority to appoint any one Ot more sulubla pweone as a rostdent Vice Prsoldent or a resident Asoister,t Secretary, a to appoint attorneys In fan for tha purpose x." of signing the name of the corporation as surety or guarantor. and to execute, attach the corporate goal, acknowledge and deliver anY and all bonds, reeogni:ancas, ttlpulstbns, undertakings or other Inswmenta of suretyshipD or gwrantN, and pol• klos of insurance to be given in fay, of an Individual. Bern. eorpaatlom or the offklal representative thusof, or to a county or auto, a any official bard or boards of any county or pate, or tin United Subs of Amecka, or to any o0 w poll sub dMskn. This instrument It signed and sealed by facaimlle as authotzed by the following Resolution adopted by tin dtractas of the fi s. ~ Company on April 21, 1980. RESOLVED, That the olgnabso of any oClcar of the Company authorized by Article VI, Section f, of sha Bylaws to appoint S, attorneys in fact. the stpnature of tM Secretary or any Asslatent Secretary certifying to tM correctness of any copy of a pa"t of attomoy and tin seal of the Company may ba afaxed by facsimile to any power of attorney or copy t aroof toned on befuelf of ttn Company, Such algnatures and eea? are hereby adopted by do Com9" as original signatures and seat, to bo Valid and binding upon do Company with the some fora and afloat as though manually Mbscl. 4 CERT04CATE l J 1, the uxnderalgned Assistant Secretary of West American Nourw,ea Company, do hereby unify that the foregokng power of attorney, Article VI Section I of tha by-laws of the Company and tin above Resolution of Its Bard of Dkeetos are V" e ^ and correct coplso and are In full force and Meet on this data, ;t A i v' ' t IN WITNESS WHEREOF, I have horounto set my hand and IN seal of the Compsrty thls.5Aday of~ D„ 19,OJ 3Ilt7 e~e ' , 4ru ~ Asolatan! SMraLry ' t. L 7F ` r ' li C---..n«...-.....v,e.+.•....«:cw+v.n.+s.::►.u:M4:u`~Ls:u~F'aJ+.l:+iC~w.aYJpV•~Y.ifYy-?v.,p6AS457YFt1t~ar+iM► ( A C r + j. F# , MAINTENANCE BOND } * THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTSi COUNTY OF DENTON S That ATKINS BROTHERS EQUIPMENT COMPANY as Principal, and WEST AMERICAN INSURANCE COMPANY { a corporation authorized to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sine of FIFTY SIX THOUSAND, TWO HUNDRED MINTY I NINE AND 70/100 1 (4 56 299.70 the said sum being ten (101) percent of the to a amount of the hereinafter mentioned contract for the themselves, their successors and iassigns? jointly d and severally. This obligation is conditioned, however, that: WHEREAS# the principal has entered into a written contract with the said City of Denton to build and construct t .U'tILiTIEB C.I.P.0 BRISTOL CT, NILSONifO0D ST., ID 'AA-1424 BRIG6TWOOD ST., LONGFELLOW .r, VALLEY; 'VIEW ST. SUNNYDALE ST:," ORIOLE ST: r EOB-0-bttiK, HlltllllNG b 3 AUSTIN 8 ST ; 1} BIRD ,ST.', 3 ~•s fi' L 9TELLA ST 8' SANITARY SEWXR LIKES contract and the plans and specifications t?iereIn mentioned, adopted by the City of Denton, are filed with the d City Secretary of said City and are hereby expressly i'ncor- porated herein by reference and made a part hereof as though the same were written and set out in full hareini ; ells truly, an , NOV* THEREFORE, if the Principal shall w 3 faithfully maintain and keep in good repair the work contracted to be 'done and performed for a period of one (1) year from the date _of acceotance In writing by the City of Denton and.do all r necessary work and repair of any defective conditions gYowinq .fj out of or arising from the improper work of the sadet including, but not limited to, any settling, breaking, cracking or other s A t 'ell f MB Jti ' f.' t.`•~in.,-. 4. 'J.'L~ s-•;'.SN..a K 1^-i•, iF'c J'i~I defective condition of any of the work or ; part thereof arising ',cause or from improper excavation, backfilling, compacting or, any other t i eriod~of cthistibond,k whi °unknown f engine r, whose' judgnent~ i Perall in be final and conclusivthe cit at ,an time during the , determines to be the result 'of ~ detective work, materials or labor; then this obligation shall a be void, otherwise to remain in full force and effect, ! Y In case the said Principal shall fail to maintain, repair' p or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sup 3 against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued ona against the Principal and Surety and that i 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'froia any cause during said time. Provided, further, that if legal action be filed on this bond,-venue shall lie in Denton county. E IN WITNESS WHEREOF, this instrument is executed, in ± p hick shall be deemed an original, this t du licate, each one of oruna, ~ J16D.1 14~u~_, s the sthday of ,SURETY "y • PRINCIPAL WEST RIC kENT CiWANY i i4 y 3. INSURANCE COMPANY. ATKINS BROTHERS+EOUIP 9 1'{ 4, i t BYt BY. rs 4 , 1 A 4 Tit :rS a - Pay Watson, Attorney-in-fact Mike Atkins, President Disclosure of Guaranty Fund Nonparticipation " In the event the insurer is unable to fulfill its contractual obli- gation under this policy or contract or application or certifi cats or evidence of coverage, the policyholder or certificateholder is not protected by an insurance guaranty i fund or other solvency protection arrangement. HE 2 . y ~ f~ '•RRPf+Fi*N!f~~~;"1►~~~,~'R~Y.M~i'P1:~kt~?fi~G:d+l+Y~Ah.'i''~J~'~$z~it~l~AF?',1i1►~A4~.~L~ 1~1'~"~"~~ ' ; IP, f t". l i F.e CERTIFIED Copy OF POWER Gig ATTORNEY REST AMEBMCAN INSURANCE CgNpA W ADMgIISTRATtvi WFICL HAMILTON, OHIO No. 369 Ili" All Mrtt bV 11htfif 11I1latteZ6: That WEST AMERICAN INSURANCE COMPANY, In rtoo of authority granted by Article Vl, Section 1 of the Bydawe of said Company, does hereby rominate, constitute and rp9dnC 1 Ray Watson or Fonda Watson - - - _ of its true and lawful agent and attorney Irrfsof, to make, execute, ZA- - - - Dallas , Texas - its act and~deed ~any end ell BONDS. UNDERTAKINGS, and RECOGNIZANCES,, not csodaing In any abeha 1,a as r". a and+s Instance I ~rLfddb11tQy1War. ;ray borW(sj or undertakf - - - - - - f1 ngla) tltiareMeeir the ¢ Qq~G00'OO -1 Dollars. q Pament of rotes and y in etas arson f And the execution of too bonds or undertakings In pursuance of these presents, shall be as bIrIdtng upon chi ofntidear Onpoly, to ail Intents and purposes, as if they had been duty executed and acknowledged pYtlte raQisrly eb wmnV at Its olfiq In Hamihon, Ohio, In Ihed• own proper persons. + The aufrity granted hereunder supersedes any prwious authority heretofore granted the above named a,•tomey(s)-in•fact .~•~~0~44 IN WITNESS WHEREOF, the undersigned ofBoer of the said West American a a o 4 Insurance Com n 3 "ice said We pa c has r subscribed his nemi and affixed the r oorete 5 !!z st Nf s o: American of the Insurance Company thl s 6th of rr ary 19 88. + STATE OF OHIO. i Asst. Secretary j s COUNTY OF BUTLER } 5S, r: ! On this 8th day of f ' February A. D. 19 88 ashore the subscriber, a Notary Public of the State of Ohio, In and for the Cc.~try III Butler, duly commissioned and qualified, aNe aaSS y H11~pb a d of I F.ST AMERICAN INSURANCE COMPANY, b rt» ~I p+rmsor~ialfy known t03i i ~dMd7L~i/rd e~e ~ IR inC who eRLCUted the preceding Instrument and he acknow- ledged the execution of the some, and being by me dui aforesaid, and that the tai Mod to n the preceding I y r Mt is the h and salth, that he is the ot8cer or the Company l S said eal ar.tisiggnaturs as officer were duly affixed and eubecribed to the~alnstr ment bydthe a~uthorityand d1r Iictlp~~p~ ?I IN TESTIMONY WHEREOF, I have hereunto set my hand and oraxed my 011"l 54~ Seal at the City of Hamilton, State of Ohlo, the day and year first above written. 1 z lelgned) Notary Public In end.~.r p •r ounty or. state of Ohb~ My Commission ex s QPCe4v r. 25,. 199:. A, This power of attorney Is ore, 00 under and by authority of Article VI. Section 1 or the B 1 from which read: y aws o! t" comp". extraeta SECTION 1. APPOINTMENT OF RESIDENT OFFICEAA STiEte Chairman of the Board, the Pnsiden an ;.f Secretary. or any Assistant Secretary shall be and Is hereby vested with full p )*w and audori to a ` Y Vice President s suitable pens ons es a resident Vice President or ■ rasldent Assistant Secrete or to a ty ant +^Y one or mere of stoning the name of the corporation as surer or DDO rat attorneys in fact for the DtxDose } deliver any and all bonds, r y guarantor, and to txeeu:. ai,ach the corporate teal, acknowledge and ecogrINNnces, stipulattons, undertakings or other instnwnents of surety ! Was of lnswana to be given In favor of an IndMdua}, a , -ship or guarantee, and pol- a state, or any official board of boards of any ccvnty or alts.orthe United $ ates ofrAmeria. or t0~anyo~~ arty county division. politics? sub- This Ins"ment Is eigned and sealed by faaimlle as authorized by the folr,wing Resolution adopted by the dlroctors of the Company on April 24. 1980. RESOLVED, That the +Ignaturo of any officer or the Company autnorized by Article V!, Section 1, of the By-Laws to oppokIt j attorneys fn fact, the signature of the Secretary or any Assistant Sserstary certifying to the correctness of any copy of a power f attorney and the saol of the Company rnry be afExed by lacslmite to any t of the Company, Such signatures and seal are hereby adapted by the C Paver of attorney or copy thereof Issued on behalf t and bfndirtg upon the Company with the same fora and effect as onuY as ffi original signatures and seas, to hs valid though manually affixed. ! .I CEfXT1FICAT'f , 1. the undersigned AsststsM Secretary of West American Insurance Com n , of attorney, Article VI Section 1 of the by-laws of the C Y do hereon certify that the foregoing w po er anp+nY and the above Resolution of Its Board of Directors s tae trw and Correct copies and are In full fora and sheath on this data. IN WITNESS WHEREOF, I few Mrwnto set my hand and the Seal of the Company ffiI s.S` { fay o~.t-~L.<-A• ~r+ts++~ V D.. IPSO 1123 oil 1 r a• r. hh r ,,V, t ant I -4300-C Ls0 Aaalsum Saaeury {a 1 , CITY Of DENTON INSURANCE MINIMUM REQUIREMENTS r! INSU_ R~gt 1 Without limiting any of the other obligations or liabilities of the contractor, the Contractor shall provide and maintain until 1 the contracted work and/or material has been completed/delivered ! and accepted by the City of Denton, Owner, the minimum insurance 1 i coverage as Indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the I Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written ; notice will be given to the owner before any policy covered thereby is changed or cancelled. The bid number and title of the 1 project should be indicated, and the City of Denton should also ' be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating Chats p Thirty (30) days advance written notice of material change f or cancellation shall be given o The City of Denton shall be an additional named insured on all policies. 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This Insurance shall i protect the Contractor against all claims - + under applicable state workmen's compensation laws, The + Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workrtien's 1 1 compensation law. ? - r The liability limits shall not be lesri than: T-= o Workeien's Compensrtion Statutory o Employer's Liability - Statutory + 11. COMPREHENSIVE AUTOMOBILE LIABILITY: This Insurance Ahail be `written in comprehensive form and shall protect 't14 Contractor against all claims for injuries to membovs of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, ' whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00. 1 III, COMPREHENSIVE GENERAL LIABILITY. This insurance shall written in comprehensive form and shall protect tke i Contractor against all claims arising from injuries';'ed members of the public or damage to ' "I arising out of any act or omission ofp he rContractor eor his agents, employees or subconilactors, 4 CI ,f ~y t ' ~Y, ? -~•i ~ 4~lJk+lY.!9~t~Y/5~i2:ik<d'ilta?wk}3:i!11t•'+'~.Si`a~F'f:14'AAa+ALti'itArls+~3~sist~tlGtf~~:+•-' Yt r, Ole f ~ s '*OF To the extent the Contractor's work, or work under his direction, may require blasting,' explosive conditions, or underground_operationa, the cowprehensive general !;ability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground ; property, The liability limits shall not be less than: o. A combined single limit of X5001000400. CE POLICs LILITY IV. OWNER'S PROTECTIVE Bcoverage the Nfor City' 0 ner nYtrand Tits j; insurance shall P employees, in the name of out oEthe work iability that may be imposed arising l includes being performed by the Contractor. This also o or supervisory liability arising out of the omissions Owner. Although this insurance is strictn8lble for s of the • benefit of the Owner, the contractor is repo f obtaining it at his expense. The liability limits shall not be less thane k c o A coebiaed single limit of $5000000.00. INSURANCE SUMMARY: t hazards provide insurance to cover operating The contract 'shall the Facility in operation end during during the period of placing testing, and until such'time thee Owthe ner fandliwritten notice eofathat accepted for operation by y pproval of the insurance by fact hue °,hcaen issued hy' the owner. A eve o xpreselyc und ierbtood,lthatl the the Owner shall not in. any way icr isi e i ot'the Contractor hereunder. If i¢dorlimi~s, of nrr Aces not in. any re resent that stheuffici'Poo way. p aide 9oats liability or coverage, or policy- forms are to protect the interest or liabilities Qf the Contractor. ' again, the Owner, shall be given aifandtthe (appropriate indicating that. all of the above policies thane are indeed lnbeCeivenTat cectifithicatretysh(30)all t non-renewal, hat tta Ownar Wil 4 or ,material change of the 11- notice of cancellation, corridor or required insurance coverage. All nprovisioner patient of any suns resulting from any deductible !icy or Ul j ractor shall not policies begin self-insured tetantion conditions of the po in any. remain Witt, the Contractor. The Cont the insurance work until the Owner has reviewed and approved certificates and so not~~a~dish issuedrasctor hall dbe¢osu ject to itin. Any notice proceed e pproval by the Cl Z < ~ !•'A~ IPw.+~~TSt~r1~Ai~~~1!fM~•~3W~ r s C1 IV Or OEM [ON n, r~ii `slid Ad* o of AOsncy City of Dinar Mfsrem»e } BoleX-Featherston Insurance ProjectMasot 1989 C IP Ut i lit - ies ` 1 ! k - - 4 P. 0. Drawer 10 Project Mo F6 74 ) 0'b- - A'SbT ~ Y i Wichita Falls. T% 7&NW 7`1723-7111 "log locetlon3 Denton, Texas u ~ rnq Oeptr F Mw end Address of Insuredr Companies ARt dlrq Cowrrpei 1 Atkins Brothers Equipment Co. A BITUMINOUS CASUALTY CORP. 918 W. Marshall ! i Grand Prairie, TX rmnal (214) 647-88 This Is to oertify that pol Icier of insurance listed below have been Issued end an In force at this ties. any Trosi of I I Exoiratioe Lleits of 1.14111 ow Comp"efonaims Oernral Liability Oceurreses. A r Ofilwio rence i(ads (eee 1i-rwersp) CLP206034 5-30 ~Iiy C IaJwyr f lrood Fern to imeIwe Property OwOa Ji { • ~ Freelsos/Cberetlorts it Independent Contractors i t~/Cmve ed Operations oily lry Property ~ I 1,OOOj Contractual LiabIIlFy (see /I-revers) C=6 red f *Explosion and Coll" Hazard ! f x IMrdertr•ound Berard Aggregate. 200000 j xLlgwr LIMIIfy Corereye fire legal Liabi l4 ty (see /!-reverse) Broad ions Property Owes ` Professional Errors/ sslens - ~ ! F. r ! occur. ang - claim sods (see 12-reverHl i i Coslw Artaeobtie Bodily In urylPerson !f IIIfir Bodlfy inf rry/Accident ~ {t~ A at00*vLaesed AVtomobIIas AP1763249 5730- 1prope N Dwp -f-- - Moe-owned AetcaoblIse - i Bodil n ur /Pr I c Mired Artosobrles Dame" Co bleed i ~ 750, r l 1 IEspoes' rI1fio and Will e b sued 04taNteryMaMt • o. exlaoni A Otixsr Imerarwae ; ~ :Umbrella Liability UP1781354 5-30- 1 $2,QO0, ' Description of Operetloas/Leutlaas/trahlciae. Ike City of Denton is an additional losured as Its Interest way appear a defined on the rewrite 8140. ICY' Will provide 30 days written notice prior to cancellation or';aaterial change'# j " Ryas and ad&Mi of ON-tifteste Holder. - June 13, 199 0 rls 1 DATE ISSI" CITY OI DEMTON,TEXAS r ,~c f_,fi 4' 1 901-8 TEXAS it, VEf11GM, TEXAS ?MI SEE & ALICE Or OOIIDITIM 04 PAGE C14 AITACIIEO. '1 rr, mot CI i vha. ! ~ JtiN.a_ ...:•uv.,b 1.,.. .....,.+tl.c"a.-~_. ,.v h..a-V r:J..Yis15r\~+•••., I TRIP" -•--------------_.._....__w_._... TREE - I lay-Featherston Insurance 1 Bituminous I _ - I P O Drawer 10 EFFECTI'.E I FIPIRATION . I I Wichita Falls TX f DATE i TIME DATE TIKE I ' - - I 1 ~ 1 76307-7513 1 1 I 001201AMI I FHOW 917-723-7111 1 06/15/90 1 12,01 II) F1' 07/15/90 1 111Wp(- { i!(SJRED 3~1----------------------- SU----- COnFANY PER E E[P`IRII1NS.1 ICI(S/FRflfERTY (INCEUDIMS BOLD A(IOA)D 1 City of Denton, Texas Rat 1989 CIP Utilities Contractors Atkins BI 1 Purchasing Agent Owner/Contractors Protective I` 1 9901 BnTexas Street , COb1'EU6E5 ALL LIABILITY LIMITS 14 THOUSANDS ~ I TYPE OF INSURANCE 1 GOV01'o S/FOF1h15 1 AtTOUNT 1 UEII) I CO-INS I Property I 1 I I i 1 CAUSES OF LOSS I [ I BASIC 11 BROAD I I SPECIAL I : 1 - ----1-----°•----------•--------------_:.._... ; Z, General L.abi l i tyy I SEIEFAL AO61SATE Is 500 I I I COMI~RCIAL 6EIER4L IASILITY 1 1 F);rDDCTS COMFlOPS A66 1s j4 I , ' ] I 1 I ) CLAIMS MADE 00 DCC.I I FERSO.ML I ANTS IMIURY I1i I p[) DH%ER'S I COfTRACI'M 1 I EACH OC 2REWE 3 S00 } is 1 PROTECTIVE I I FIPF DJ I 'IDrELFE(A" K FERS) I3 t 1 I` I RFTRO CATE FU CLAIMS MADE: I' Automobile I I ALL VEHICLES I I SChIPULED VEHICLES I CCL 13 - -°---`~`,-f , E HJ i [ I LidlLtTY I BI FERS/90V 1 s I 1 N0IlOYNED FD d I I I HIRED I I MED. PAY I s q+ ° I 6AfiE RI. . 1 IRI 1 . ( Auto Ph~ yeical Damage: [ I ALL VEHICLES I I SCHFDULFD VEHICLES I I 1 ACV I - 1 T I COLLiS1DN UP: I I I I STATED AMAIAiT 1 4 >r err F?'' 1{ I OTC DEC: 1 I I 1 OCHER t • • . I ; y, I - - -I-•---------------- - - - ' I Excess Liability I i EACH I I SELF INSURE! T I o'' I I 1 UMBREItA FOt1 1 1 Ot'CURRFA+CE I Ab6PE6ATF 1 PJ:TENTION I I i- I I - OTHER ' TMAN BMDR----ELLA FCR - -1--•----; -PETPQ LACE CLAIMS MAD- ! a; t s - - - - - - - - - - 4' _1------ ° r - »_..;.,.SlAtUTORY ' <r- 1Jurl:er s Compensation! 3 IEA,HrA-,IO.NTt I,. j ) and I I s (DISEASE POLICY L1MljE) Fmplvyer s Liability! s IDISLASE EACH EMPI n I - - ° - - -----------------------°L 1 SPECIAL CCMDITIOHSlRES(RICTIOMS/OTHER CUVERAfiES - I) MANE I ADDRESS (_____''__::::o..o=:=:=:_:-:-::::__•._ - _ i i'', 1 f ` T t I KtISASEE t 19111TIOMAL It1MO [ ] flxi(6A5EE 13 ADCIt1OxAL IILSJREC r (ICANIISS PAYEE I 1 - - - ° - ! LOA'IL'SS PAYEE I-J- Th[s,b(nder Is a tryaarl iesuranct contract, subject to the conditions shown t r • CCMDIT[ONSr This Company reds the kind(s) of rasarance stipulated on this form. This insurance is subjul to the terasr 1 cdmditloas and IlaitatioAS of the polltylfeO fa current use b 31or Caapuiy { %it tinder all be untelled by the Insured Fy surrender of thrs binder ca writtet aotl:e to tbt Cobptny sla:inp wben.• ; unctliatlon YY111 bt effettire. This bindder a1~ be c~annccabed by tkr Cocapin1 a llce to tht in red la WarQince v tjt the ; I pollcrr caditfoas. This tinder is cancelled s~trt ,,placed by a pcy. I~ tbi replxK 9; a poirc/, e Coysay I f is tntllled to charge a prealu for the b1adEr accordiaD to for RaIrs an! Rats r Compao t.: - - I AUTHCRIIFD RcUiESENTATIK ` a .1 Jl4t?I?!J._7-&._(2!?..1 - - 1 = If~M~^~'r 'GIH i~iM'=.*.j'AL1l:a.Y+YCYnl..rw..t~ar.i~.r..+.K.w:. as~1%..Y3h~dw1.A~L:=yJ~'►*f'i4,*C{~1.{~w+.61 y, V4rq~~, , l CER I I F I tie i t C# I dSiXiAMCF C I Ty OF DEl1TOM Hass and Address of Agency City of Denton Refermws Boley-Featherston Insurance Project Miss: ' t P. 0. Drawer 10 Project Not -Wichita Falls. TX 76307 Pia (817) 723-7111 Project Locationt Marsaging Opts 3 Now and Address of Insureds Companies Affording Coverages Atkins Brothers Eouioament Co. A_Bitusinnua Casualty Corp- 918 W. Marshall b Grand Prairie, TX 75051 phwo(214) 647-8890 C This Is to certify that policies of Inserarwa listed below haw been Issued and we is force at %is flood 1I i Emrplratloa Limits of Llsblllty Letter- No of Irtswafto Po I Coisrohmsive 0~41 Liability LP2060349 30-91 J A - Cla ~ iim Made (see i2-reverse) - bodily Injury = &vw form to Inept P►oDer DOW" ~rae Mde"ndent contractors I ' XProducts/Coaptetad Opar.tlau bodily IejMry and Prowtv, i -XPersonal Injury Deeaga Coablaed It 1 ,OOOw ) -xContraefual LIabIIIty Fee iI-r*wse) I 108 Ion and CoIIApae Huard . xllnder VJW Huard i' -XLI*w LIab1IIty Coverage ' I j Fin Legal Llab 11fy (see 0-reverse) { 7,, -Wood Fors Property Dosage Profuslonal ErroralWssions `'t I omrrenw claims made (see 112-rrwrse) I , .f y Ire Artasebl Is Wily Ipjury/Pwsat Liability aodlly iM1Jwy/Accident.,' ; A AP1763249 -30-91 ;1 t x Orned/Lwsed Autumbl lea Property Dosage = sr ff llon-mrd AtosobilM 1 z Hired Automobltoo bodily 1njarylProporty i. I Owge Ca tbl"d f 750, i ~ ~ - Yorkers' Ompeneatlot and ill be ins d direc Statutory Anotrst I x K Employers' Liability _ by Carrier A Other I nawawoe - EXCESS LIABILITY ' Umbrella Fora P1781354 -30-91 $2,000, Dowlptlon of Operatiens/Leationam'yahloles. The City of Denton Is an additional Insured u its later", may appear as defined on the reverse side. c n, s5 3 I n Mess and address of Certlfleah Molder. } + 14 1 1 OW QATE y lVI1pY1! in A6EjITT w 4r, 901-6 TEAS ST. u''. 3 I DEJrTOMw TOW 76201 i ATTAM. I SEE SALMICE OF 00101TIOMS ON PACE C14 OOISI Cl , I .......-..,.....~s...w.va..... va+...w.: ...v.-r....N.•..,.i..•..n~:~.:as.«a.r~..r'r ...w.. r...w....Y~r'~Wr~-^ t,', Yv' , 40 `lr f . i, CONDITIONS f ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) NOTICE OF CANCELLATIONS Prior to any material change or cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. CONTRACTURAL COVERAGE: (Liability assumed by contract t' or agreement, and would not otherwise exist,) The contractual liability requirement shown on the reverse ~..t side of this Certificate of Insurance under Comprehensive General Liability, must include , a definition of coverage broad enough to provide coverage ±ti, for, obligations assumed by the contractot in the Y referenced contract. This Certificate of Insurance isi provided as required by the governing contract. -21 CLAIMS MADE POLICY FORM: Required period of coverage z will be determined by, the following formula: Continuous coverage for the life of the contract, plus , one year (to provide coverage for the warranty period), ti and a'extended discovery period for a minimusi;I'df~*fiVe i p5), years which shall begin at the end of the warranty ,tf 1.{ eriod. 3. FIRE LEGAL LIABILITY: (Required in all contracts that - involve the occupancy, construction or alteration, of City-owned or leased facilities.) Insurance Is to cover buildings, contents (where applicable) and led equipment with respect to permanently instal q property damage to structures or portions of structures if such damage is caused by the peril of fire and due atio of to the or liability iseto bena minimumhof $500#004~r~ Lialit of i r.1 a r CI - 4 , 4L`~i✓.:Mii~il6d~+i.''~1d~f+i+M~}71 ' i i 71 1 NOTICE PLEASE NOTICE CHANGES IN USUAL CITY. OF DENTON SPECIFICATIONS, PAGE SC-6, SAFETY RECORD AND SUPPORT' SYSTEMS, INSPECTOR. j i r x a 1 44 } I'LL k~ . ns r k 7~`ti y r 1, , 17h 1 I i ' ~Y w 1 Y3. Y , 4 f 1 Z bbb - Y , 1, r Y fi.n+,. BID 8.~f PRO''05AL TO I t THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION or 1989 UTILITIES C.I.P. IN DENTON, TEXAS ' The undersigned, as bidder, declares that the only person or parties interested in this proposal as named herein, that this Principals are thoserF' any other proposal is made without collusion with k person, firm or corporations that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined j, the locations, conditions, and classes of materials of 'the 1, 1 proposed Vock.and agrees that he will provide all the necessar 1 bor, machines 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 e manner prescribed herein and according to the requi , Mti city as therein set forth, resents of A th ! It to understood that the followin done at unit prices are g quantities of "work to be 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 ,E iii contemplated, and that all planned and quantities of work whether increased or decreased are to be performed at the unit prices set forth } i I below except as provided for in the specifications. It is further agreed that lump sum prices may be increased 'to ~ ! cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance,withth`a provisions to the General Conditions. Srly, ' tLly may, e rl' 'i decreased to, cove;,deletion of work so orderedered, is understood and agreed that the work is to be completed 'In, full-within the number of work days shown on the bid tabulation ! sheet; i i 1 FF J. , 1 r I # 1104 B • ' " ' wZ}tea' , ~ t' Accompanying this proposal is a certified or cashier! s check or k: aid Bond peyable to the Ownec,.in the aAOUat of`five percent of E the tote 'bid. t, • the c~ ` to the bidder, eunlestc in C,sea of this . ' iroposalushalltbed cthat acceptance of the proposal, the bidder shall fail to -executea contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which, case the oid.. 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 reservea the right to reject any, and all bids, Owner may investigate the prior perforMance-of bidder on , i' ~i other ..contracts,,, either public or privets, in evaluatfnq;bid 11 proposals.. Should bidder alter, change, or qualify' shy specification of the bid, Owner may automatically disqualify 4 bidder .z s` The undersigned hereby proposes and agrees to perform all work Y of whatever nature required, in strict accordance with' the plane r~< and specifications, for the following sum or prices, to wit: R ; 'All r 1 IM" `I T tiyf a 0 • ~ ' r 73S~ I' i I e xy' Ar,! .at II 1 T / I } 1 ' P ` ~ ~ - (4lntivtA b'¢dlfi2~w114~.~~Iif~df~' I [`,;,ftYe.ft?Nfi.3,;i>4•:1':,i.L°J';;S?~.i6')'.lf~~i4: ;i=.J {~liY'i L';Il+ilk I. l ~ 4 11 WORK DAYS 90 1989 Utilities C.I.ps BID NQ. 1104 w _gas Bid (Water) PO NO. . p+s~re BID TABULATION SHEET +i c r ITEK, DESCRIPTION QUANTITY UNIT UNIT PRICE AJT" j IContractor's warranties I I ! [ 1.21 f and Understandings F 1 LS I !,(to /LS f I I ( I r ~ 2912.8-B (Cast Iron Fittings I Soo I LB /LB l ! 'F 2.1240 16' PVC Water Gino i 111800 I LF F ! /7. /LF I ! -260. Cb•: i I I I ca I ' m 2.13 160 Gate Valve 1 36 1 EA S.3fyQ~/EA I ! la7~ 960 2411 [Fire Hydrant I 26 I EA I l4M!/EA I ! 3b. 062+Y' 2.16 (Water service i 260 1 EA /RA ! s ?5~+ 4 I I f I ~v ! .e 3-A IRemove Concrete Pavement 1 60 ! Sy I ! /SY I ! 3tc4.~'% 373 IRamovo Curb and Gutter I 90 V I ! 70/LP I ! /n 301 ~ 5s7-3 (Asphalt Patch (TYPO D) I 1.200 1 _TON ! 7-,/?ON IS Q7' ! e0 5.8 160 Concrete Pavement i 60 1 BY L !ySY l ! 1.Vqdj } 18arricadesc Warning Signs I I i ( aD~' t 8 1 and Datourb I ! LS 1 la~S(fiL 13 r7,1~`; I 460 00 8.2-A (Concrete Curb and Gutter I 90 I LF I ! /7 /LP 1 /.5~~ 8.4-8 I iatragel curb I 53 I LF 1 ! /~/LP I- S i7 03 " *3 16' Concrete QriVewaY I 3 f 9Y I ! Y. /SY r:. r i I 1 ! eo I j OP-2 IConcrate saw cut I . 330 I LF ( ! ~/Lip 1 ! 3-1 ` 1 ! 1 1 co i ee SP-10 (Rock Excavation SO 1 CY ! ! d?3.'/cY ! ! 1. MOO i SP-37 (Excavation Protection 1 11180 1 LP 1! A J /LP 1! 4 RO 8P-3) !Project signs 1 4 1 EA I ! M0 8A I ! ~w7y I SP-60 (Abandon Water Line ( 11 ! EA 1 ! 39y /EA 7 337,;~ [ I I I t 1 ` . i F ,a f [ 1 I [ TOTAL( I s yY./QS;~~ j 3 P - 3 T r ~ 1 1 " AtT/.t~J~"1,~3'l'f~i~KA"e".VF1Al~va.,~~'1.e'4•'~a.w1..•.1.T•.:e..~i'.a-.i•,.-, t ~.-...•f.. .+'~i::•'. .iN1.,{"'Il,-y~1L iYSM1f~:fieiNi.'1.7Aww 4irvsa.-,++,• 1 WORE DAYS 35 BID N0. 1989 Utilities C.I.P. PO NO, Base Bid (Sewer) ' BID TABULATION SUBST t 1 ~ "1 IT M DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL f IConttactor's Warranties I I i d I .e 1.21 and Understandings I I LS x_'770. K ; 2.12Cast Iron Fittings 1 500 1 L8 I /LB I ' i 1 I J .o J eQ, f 2.12.14-A16' PVC Sanitary Sewer Pipe! 400 1 L! ! ! ~7 %41 1 S 4 900, # ; 1 t. I I I J I so L1291,4-118' PVC Sanitary Sewer Pi" I 1,861 LP I /LP I~y ;f I ! y I S 110' PVC 1 t 1 I y? ; cv, 2012.14-C sanitary Sewer Pine I 23 1 LP I 9 l'$ /LP I s /y. JJ 3-A Remove Concrete Pavement I 28 i SY !s A. /SY 1 < I I I 1 00 I oe' } 5.7-8 [Asphalt Patch (Type 0) 1 200 I TON I s 7S, '/TON Z5706 0'-"4v' 1 1 ! oS 5.8 6' Concrete Pa^ement 1 26 SY I s 19, BY 1 • s { 7.6-A 14' Concrete Manhole ( 6 1 M1 I ! Sfy.3 l 'I I t I ! ter--~ 1 1.6-8 1 Drop Manhole I 2 1 BA I ; s ~ 013/. /BA 1 s 3 1142. ~J ~ 7.6-C IRaboild B= sti Manhole 1 2 1 8J1' ( I, ,~{y~4t E 1 rag e B. ar~tdtsf Warning 8iga I • 1 s el ASS/ k rs l! 11 /LS I'S/ } ' I I I 1-''I' I nor: Or 0-2 !Concrete Saw Cut „1 120 1 Ll 1 $ c3: /Lt 1 36 I ; 96_ Iscoak I 1 ( EA ( ^ A I 91 ~`y ` -4p-8 (Abandon Manhole 1 5 I LA I s 3y~.YEA- 1 s I I r 1 1 SP-10 - !Rock "cavation f 50 1 CY ( s 23. _/CY r SP- 3 Abe tar sower 7 t'. 2 t radon Saai Y 1Ej~_ s (~3/ZA_s- ~ 8P-I7. Iescavetion Protection ! 810 I LR. J ! 1: '/Lf ~s4 j SP-39 lugjegt signs 1 2 1 aA ! s /sA I ! ~ ~ `t` f sy-~43 1 LoY4i Water Line ( 1 1 RA F s ~1,yX /EA 1 3? I/oZ 1 J 1 J + I } et, # xs-ll ISever Service I 54 I EA I : 35$ /EA I s I~1 33a7• , , (Replace Custoaet J I J SP-53 ISewer service I 300 1 LP I s ~.'~/LP (s Jrr/b0 t:+; r r I r r r ; TOTAL P-4 3 i L`~3'-i alr,a~'ilri JV. i'. v. r= . , ..,y '?•S~yt 1~3 "~~i. ~ 1 0001- f~ ? B10 1105 BID SUMMARY SHEET' 1988 C,I,P, UTILITIES • ~ is r f } Pro ect work DaYS Total Bid , - Price ~ ,i 1, Base Bid (Water) i Bristol Court Water Line Y wilsonwood Street Water Line Brightwood Water Line Longfellow Water Line ` Skylark Water Line Y`* Sun'Valley Water Line 1. Valleyview Water Line t: Sunnydale Water Line Oriole Water Line a'r Bob-O-Link Water Line!'. HuwAingbird "WAtec Line OwI' r TOTAL 90 2. Babe Bid, .(Sewer) . 5 `I Austin Senitar"y"Sewer FpkoroEt{Sagitary,Sewer ' AV'epue C Sanitdry sewer Stelia'Sanitary 'Sewer. !yam j;~ TOTAL 35 j TOT o4 3. AG SID t N03Ee The, thirty five, work days for:;. the 's4n,itar ;ideGer ` :}k his' ro ecl' ace Y°phaee tor' thewate not-in addition to'th46 hfnety; days ~ ~ " r', lines. The work days for crater .and sewer dill begin at the 'baae ` 1 : ' . ' I l f II 1 . 111 ! %i 1 n ) 4 f 7 y, 'CFf?.i~i~~~tft~r~`a`ti~'hiK."~.r.X~4:~M".J;:kSv.~i:..tlr..v,.,!.tFw1*'.,'•. i.'.... ...-,'r w:.' +n>.:~:.mruL yi,. ; '~5•. i~%v,1FtAiY.Rrwfii6dtd~3f.i1~'.' Vol E r BID# 1104 F,ev. BID SUMMARY " .'TOTAL BID PRICE IN WORDS ' 1 ~/~'f~/~^,t1f /Y~~--•~~ .sir D ~ /}L(i+~~ ~/.~LVC~y~;'~ . ' In the event of the award of a contract to the undersigned, thet -undecaigned will furnish a performance bond and`,a payment bond for the full amount of the contract, to secure i proper f't.' 'I compliance with the terms and provisions of the` contract, to, insure and guarantee the work until final'~coApletion and +yt. f acceptance, and to guarantee payment~foriall lawful claims for,: labor performed and materials furnished in tie~_tulfillment the ;contract. At is understood that the work proposed to be 'done Ehall be, .accepted#, when fully completed and finished in 'accordance Kith,, the lane 'and specifications, to ;the satisfaction' of ehe,~l Engineer. •s w The undersigned certifies that the bid prices contained in, this propoaal have been carefully checked and are ~ 'fsubmitted as E , t. ~ corteot'•and final.,' ' yea;: ~•1 I Unit' and lump-sun prices as shown for each item, listed in. Chia t r ;'proposal, shall 'control over extensions.; ,a f Y . ' j~{~(/may\/'-w ~w ].•r S •l 4 CONTRACTOR 111 i I^ BYE. fYl_ rs^ 1,9 2hdaa eS s`.y , 3'E et'A ream ` ; _ r• ~ r~, . . f V 4 > l,l 1 ~ 1 1V 4Y' 1 city and a e ttr,, 4+ Seal Authoritatlon (It a, Corporation) Telephone J,. B 2 r: s.a4kC. ~.~!'~~wn!~~\1~~'~JS, . .4~r ~a i4~`_,i-'iw "..a+~'rf .'..pY P.. ........>1.....: 4A11.'sJi'J•.Iu.i.J:•.4 L.. , FF r West American Insurance Company S ; IN MaM 1wN ir.,t Hr*M,ti OW 46071 { 1 BID OR PROPOSAL BOND j KNOW ALL MEN BY THESE PRESENTS, That xe, ATKINS BROS. EQUIPMENT CO., INC. (hereinafter called the Principal) as Principal, and WEST AMERICAN j INSURANCE COMPANY, a corporation organized under the laws of the State of California, with its principal office in the City of Fullerton, California (hereinafter called the Surety) and licensed to do business' In the State of Texas as Surety, are held and firmly bound unto CITY OF DENTON ; (hereinafter called the Obligee) in the penal sum of FIVE PERCENT OF THE GREATEST AMOUNT BID. Dollars . for the ? axe*G.A.B.. ) lawful mono of the United States, ant' o which su'M well and truly to be Slade, we bind ourselves, our, heirs,, ors, administrators* successors and aeaiQns. .•~~1 , THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated May 8, 19'90 , 'r for i Water i Sanitary Sewer Improvements Bristol Ct. NOW, THEREFORE,' if the Obliges shall wake any award according if "VI to therternis of said: bid and t rdance he with. tPrincihepal toshall o inter,into,a'contrect , 9 le irfora►an -a thereof within. Ve bond; ;4 he"fait hfu j1 ! no~tiuteieos gcifiaad within thirty days aftrths tilaeepecilied~ ibt if ' fort ~ er the date of aa~l atiiar'd= ' . ~ ur if EhePr noipal shall, in the case of failure to, do so, j indarm)ify, the Obligee against any loss the Obligee may suffer dir`.ectl'y arising,by rP{sondf ouch failure, not exceeding the;penaity'oftihiabolid,'then this obligation shall be null and void: otherwise to'remnin in full force and virtue. 19 'gp Signed, Sealed and Dated this 8th day of May . t ATKINS BROS. EQUIPMENT CO., INC. { 1 Principal By_ WEST CAN I S E COMPANY • ` By r S-137-Rev. Ray Wat n ttorney in-Pact i F I Fr FWU.,' CERTIFIED COPY OF POWER OF ATTORNEY i' WEST AMERICAN INSURANCE COMPANY ADMIN111"ArrVit OFFICL HAI XTWf. OHIO No. 364 1=0 All Alen by f ipme lirmitts. That WEST AMERICAN INSURANCE COMPANY, In Pursuance t i or authority granted by Article VI, Section 1 of ter By-taws of said Company, does hereby rtomdtata, constitute and appoktt: Ray Watson or Fonda Watson - - - - - _ -Of Dallas, Texas - - - - - - - 1 Its the and lawful agent are attorney •in•fact, to make. execute, sal and deliver for and on IU bahall"surety. end as 1 Its act and dead any end aft BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any singrs ki=ngs r 64144 WL, any bond(1j-oi aQ r-Ukngls) gwrint;@4 eta payment of nobs uard J&MW-00 -)'r,. And the execution of such bonds or wxWukings in purauancs of these upon as fully and amply, to mill Intents and purposes, as If they had been duty prowls. and e tack b acknowledged sold l officers of the Company at Its olfica In Hamilton, Ohio. In their own proper persons. by de raguury NetW I ~ The authority granted hereunder supersedes any previous authority heretofore granted the above named sttorney(s)•Lh fact ' ~xets+aya IN WITNESS WHEREOF, the undersigned ofter of the said West Amerloan Insurance Company his hwwnto subscribed his nama~hnd a9bred the • sold West American insurance company thle f Corporata Self of the 8 tf2i is g~. r ary. 12 88. C. STATE OF OHIO. / Asst. Secretary i COUNTY OF BUTLER } SS. on this 8th day of February A. D. 19 88 before :1 1 the subscriber, as Notary ~rPa~ubWA ofyytChee5tStaneof rOhtlo. In and for the County of &P.I+r, duly cane s0o"d and quailUd. Cams t ~yh'owHhl,~btfhi'kldlviQtTeTiAdbR~iredDW K and trtio of WEST executed thEsRpbf rNSURANCE COMPANY.'b me 1 ft executlon of de Barns, and bsfng by me duly sworn deposeth and salth, that he k ter Instrumartt oMm of ihM~ of W. and that the "al aft" to tie preeadLhp Instrument Is the Corporate Seal of said Company. and the said Corporate ; Sea end his slpretwe"other wore duty aflbted end subsorrbed to the sold Instrument by the authority end direction of IN said Corporadom. Ssof at the City TESTI ofMrlemlltori StaEi of OhhiceVethehhdaeysoYeor Gyraieabovs wriu Ofersl Z i .d , e a (signed) , Public In ' i Notary and - h' o euttw, SUto of Ofao w 1 My Commission !x s } Tiss pood. orf«attorney is granted undo and by ahrdarky of Article VI. Section 1 of thra By-to" of the' Company. attracts f; MITI U VI SECTION 1, 'APPOINTMENT OF RESIDENT OFFICERS, The CMrmen of to Board. the Praeldent, any Vies Proswont, • ' SsgNary, or ~+W AasNaunt Secretary shall be and Is hereby vested with fuel power sold authorsN to appoint any 6M 6lora r aultable Wnou as a resident Via Presfdarit or a'residen! Assistant Sacr in of of signing de isms or the corporation or to is surety or guarantor, and to axsoutc ata, atlsdh ter corporate to ta Baal. ackrhowreand dellver any end all bonds, tooognbxances. sUpu4Hons, uhderukings or other instruments of surety ship or stage, and pot. A Was of Ruurenes to be given in favor of to khdtvldwl. Arm, corporation. or the 011dal representat}vs tlisrArf, or to any county t seta, or any oVeW board or boards of any county or state. or she urtited State of Amwks, or or to env othw portal sub dfvhion. This kutru m Is signed end sealed by faciWe as authorised by the httowing Resotudw adopted by the directors of de Company on April 24, IW.. RESOLVED, That the agnates or any *View of the Company authorized by rtlcle VI. Se,Mtorh I. of the By-Laws to eppow attorneys in (act, to signature of the Secretary or any Asalrunt Socrataf cerUfAW to the Cornctnns of s an t + of the aftwr*y w y. Such ilerpn IN C and v may aafted by facslmlle to Wy power of attorney or copy tMrsol isued on beP AMsial &(I f hereby adooted by the Company as original signatures and gel. to be va" n ' ,r and btft upon ter Company wfth the tame fora and sot as though manually affixed. 4 • rv 1 CERTWICATE of undersigned Assistant Secretary of West American Insurance Company, do hareby certify that tM foregokhg povrw ley. Artieis VI Section 1 of the by-Ism of the Company and ter above Rnolution of Its Board of Dtrectora are true } and correct cool" and are in full fora and effect on this date, 1, IN WITNESS WHEREOF. I have hereunto set my hand and the seat of the Company Mls~ti day of ltla -A D., 19,94 - - I ~ oo tin i1• 1023 ~•uraah•- Assiatsnt Searetery a-a 110ae 6.40 `Af rr :.'i ter; - - ' i~ TKWS ' CQ ` May 15, 1990 I City of Dentda t A 1 tth: r. Dave moa ut McKinney ti. T% 76201 ; r i C 1989 CIPUtilitiee Dear Mrs Saloon: 1 a '•a..' E certify ti ie,d competent ` I Mike Atkins' person ai defir" i4 the Fede Y„ Register; PartI 1,-29 CFR 1926 al ,_4cetipatioaal $ ` + t 9ifetr sad Health $~Andarda -'Bxcavations v.Final 'Rule and he"will ' ~fo a the dukies and ,iee ~ ponei611itiea'0 ,this poeleioa on the city :of Denton Contract 1484 CIP Utilities. F l7i y is ' t .1 , di r ~i3 il. BitltitOr 1f' - b t r. _44 Y , , 1 r Eh/s6 ' 3`Sc COUM 7 if n ROTARY S?ATB OF s jJJJJJJ J ; r ~i aa ~CV,vy L #010 /l /0 z2 t i. 01S lyesi NUSUJI - Qrand Palrle,Texas 7SOS1 - 214/"7.8890 ' ~'L~'~Y4~/1'Fia51i,S'4~I~:l~:yFNi,..U.'_.X~~'nfir,CY✓~.f:~;:h1;t.:.(.r:i;`M}'.'.+1~::.u'::..':~,n'~,`iM.?..7+.ulor,.irswl.K..!#i1'vt4iLLr21... a...r`..,«.~-..` 1 :y' rn, F. F I F t ' CO. E May 150 1490 i ~i f City of DentoA 'Attot Kr,' Dave Salmon 215 gasi" Mcxl DentoA, TX A7 y 6201 Bf i989'CIF Utilities _ Dear Hr: Salbron> r Ia dorsplisace,with special provision S-3 SAFETY RECORD, va This weans that_ve have had o a`th" a vi threons3or viliful f 8 Seri s violati _ eve had,eoarainet ourhdafety n (record J 1 laon ti Thank y0ti~ ~ I` VVVVIIJJ . ~y t. ODUNTY OF TARP ~i z A 97AT8 bP t ~ J 2 94, a r ±w 3 i >tl! Wnt HIMH - Grand Pralrlo joiss 75031 - 7141647.8890 If • 7MfiM~l1YI.~.iJ~M`IKaR'f%/iV'4l.~tJ:li~.Y.~.V.i'it4-i:i.rylL^r.:~-l:.i'.'.:f.rx.JiF,aicr.~~M1l:..:µN.::r4lAil/tNA~4`:~'~R{1510+tiJ1`'V f\►rM~••r-'7 '-r :7t- zmw7 71 CITY COUNCII! { ~^r a Yr r { I 1 ~ l 1U" e~ o~ 3; a y A'i p { r 3 ~ 6t t i ~ 0 k. t ~ ~ ' U i i , 1 IJ t ' 2840L ' { THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON §DICK p~~G, This Agreement, made and entered this day of 1990, by and between the City of Denton, a municipal corporat , hereinafter referred to as "CITY" and Dick Birmingham Sports, hereinafter referred to as "CONTRACTOR". 1 WITNESSETH: WHEREAS, the CITY owns certain athletic fields located at Evers Park in Denton, Denton County, Texas; WHEREAS, the CONTRACTOR desires to use the athletic fields rf { s r ; located at Evers Perk for the purpose of conducting a summer baseball camp; and WHEREAS, the CITY is willing to grant such privilege and t~ right to CONTRACTOR to utilize the athletic fields located at ~r Evers Park under the terms and conditions hereinafter stated to be kept and performed by and between the parties; 'E NOW, THEREFORE, in consideration of the mutual undertakings, G ' agreements and covenants hereinafter set forth, the parties here ,t j to agree as follows: Y v GRANT OF USE r 4 -1 CITY hereby grants unto the CONTRACTOR the nonexclusive right, and privilege to use Evers baseball fields, a public ` perk within the City of Denton, for the use of conducting a summer baseball , f, tY ' a ~~'S ~ camp commencing June 18, 1990, and ending on June 220 1990, in s ~ti r t 1 ; t en t~ accordance with the schedule of games and practices, a copy. of } which is included as Exhibit "A", attached and made a part hereof. CONTRACTOR hereby agrees in exchange of the privilege to use the ,c. t baseball field at Evers Park to pay to the CITY a fee of FIVE " DOLLARS ($5.00) per participant for any and all participants reg- istered for the summer baseball camp- This sum shall be due and`;. 4' payable at the City of Denton Parks and Recreation Department, r„ F{F , . , 321 East McKinney, Denton, Texas, on June 19, 11190. Z it II. ,~~!~•t INSURANCE 1. CONTRACTOR, at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect and defend CONTRACTOR and CITY , from all claims ' ~ r t 1 , "y for damages to property and persons, and such insurance policy j~ shall carry the City of Denton as an additional insured. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with CONTRACTOR'S use and occupation of the premises. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: ,.I " TYPE MINIMUM LIMIT Comprehensive General $500,000 - Combined j' ' Public Liability Single Limit Coverage For Bodily Injury and Property Damage, On A Per Occurrence Basis 7 "1 All insurance policies shall be subject to the examination and j' approval of the Office of the Risk Manager for Denton, for their f. adequacy as to content, protection and named insurance company. '31 ` CONTRACTOR shall furnish to CITY certificates of such insurance 'i within (30) thirty days of the execution of this Agreement or rs prior to the commencement of any activities by CONTRACTOR at the athletic fields at Evers Park, whichever event occurs first. In , ' the event of aggregate insurance coverage, the insurer shall pro- vide to the City, in addition to the certificate of insurance, a x ' letter from an authorized representative certifying the amount of coverage already approved on the aggregate amount as well as f rr ' pending claims and the amount of such claims. CONTRACTOR under stands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the re quirements under this Article shall be a cause for termination of 3x t. this Agreement. tiNy, # ,t,t ? Insurance required by this Agreement for the CITY as addi- tional. insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party' {4{ ,t,;,' liability policy, i ^r CONTRACTOR further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its ; 'ax ~r~r interest may appear. B. Be provided with a waiver of subrogation, in its favor. PAGE 2 so F., w.e~FiK•a~;~:. ~IrkYJileft. k.silt~t.•Nr.zy,~~ty~F'C41f1tify'~wi14r}1 '.e r L.. r i rte. e, r' , I , 11.E y s advance notice of C. Be provided with thirty (30) day any material change or cancellation of the insurance policy. _ III. INDEMNIFICATION The parties agree that CONTRACTOR shall be deemed to be or and an aent or emlo s actsnor omis ions hereunderQe of the an indepenLentect oerat to it CITY with p ti CONTRACTOR agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon any acts on the part of its nts, representatives, employees, partici- CONTRACTOR, age f pants and visitors, which may arise out of or result from a 't, ` CONTRACTOR'S occupancy or use of the premises and activities ,ta~'~~ Y conducted in connection with or incidental to this Agreement, regardless of whether such injuries, death or damages are ?'Y `t r caused in whole or in part by the negligence of the CITY. It is the expressed intention of the parties hereto, both CITY I that the indemnity provided for in this 'I and CONTRACTOR, agreement is indemnity by CONTRACTOR to indemnify and protect I CITY from the consequence of CITY'S negligence, whether the a~ r't h= negligence is the sole or concurring cause of the injury, r a death, or damage. { This indemnity provision extends to any and all such actions regardless of the type of , demands or claims, suits y; relief sought thereby, and whether such relief is in the form "T ` of dams es, judgments, costs, reasonable attorney fees and r,.k. ury provision shall apply regardless of a enses. ,r or harm alleged and whether such ,Y the nature of This the inindemnity 'a G ' U claims are alleged at common law, statutory, or constitu- -a provision shall apply whether the tional. This indemnity basis for the claim, suit, demand and/or other be attrfbits art to the CONTRACTOR, or to any o > able in whole or in p i s agents, representatives, employees, participants, patrons, ` and visitors. Further, CITY assumes no responsibility or liability for t 1 or any damaging events which are direct y or harm, injury, ;y „ indirectly attributable to premise defects or conditions which may now exist or which hereafter may arise upon the premises, S any and all such defects being expressly waived by CONTRACTOR. CONTRAC'T'OR agrees and understands that this indemnity p y • ~F;4 a lion shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such claim assertetrons d by or on behalf of CONTRACTOR or any members, pa, participants, agents and employees. 1 PAGE 3 t ` ~,,,,a,w,.,,.,,..n~...++...n.+.~r....a,...........c..ww.dar,.l..+..r:w•k.n..ri+..wr•~i:.~i.i,d~atril.~feliri+lA+t• r,+ 001, r It is expressly understood and agreed that the CITY shall not be liable or responsible for the negligence of CONTRACTOR, its a tents, representatives, patrons, participants, employees and visitors, CONTRACTOR further agrees that it shall at all times exercise reasonable precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. PROVIDED FURTHER, CONTRACTOR and ( TY each agree to give the other prompt and timely notice of any each claim made or suit in- atituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CITY or CONTRACTOR. CONTRACTOR further agrees that this indemnity provision shall be considered an additional remedy and not an exclusive remedy. r IV. MISCELLANEOUS r 1. Invalid Provision: In the event any condition or provision a contained herein is held to be invalid by a court of competent jurisdiction, the invalidity of any such provision or condition shall in no way affect any other condition or provision. 2. Notices: Whenever notice is required to be made under this Agreement, such notice shall be written enclosed in an envelope r. ' with sufficient postage, or hand delivered to and deposited in the U.S. mail to the following addresses: j CITY OF DENTON CONTRACTOR ' 'j 7 t? ATTN: Paul Leslie ATTN: Dick Birmingham .j 215 East. McKinney Dick Birmingham Sports Denton', Texas 76201 1340 hest Battlefield, Suite 1 Springfield, Missouri 65807 rN sy,* ,rte ' Or to other such addresses as the parties may designate to each other in writing. 41 1 ti,Af ,tw ttS ~1 3. Definition of CONTRACTOR: CONTRACTOR shall mean all r * y employees, representatives, agents, volunteers, participants and ' visitors of the Dick Birmingham Sports Association. I 4. Venue: In the event of dispute as to the terms, obliga- tions or conditions of this agreement, the parties aggree that+ venue for all suits, whether in law or equity, shall be inati- tuted and maintained in Denton County, Texas. 5. Interpretation of Terms: Although this agreement has been drawn by the City, in the event that a term or provision is found 4..," to be ambiguous the parties agree that this agreement shall be interpreted fairly and reasonably and not be construed more favorably for either party. , y PAGE 4 f i x .~.~wr........~Y ......~._...n....r:.v.Mwir4¢w4Y4R+YsLN YK!►YYNY:n-ri"'... - ,',l ' i 6. Authority of Officer: The officer of the Association who executes this agreement represents and covenants that he is duly authorized to execute same on behalf of Association. ,a IN WI'T'NESS WHEREOF, the parties on this date 1990, hereto have caused this instrument to be execute up cate. f. f CITY OF DENTON DICK BIRMINGHAM SPORTS Y f 5 / ' E< t' BY: R' BY: Li,•', APPROVED AS TO LEGAL FORM: z * 1 DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY 4t IA % BY• i r. I ~ f`'1'i 4 S } a i <wri .7r4 'i}1 y ~ ~ • ~ r 35 5 Z A' r 1 t 4S r ~ n F - p'~ 1s, !f 1411 i { i wl. t S ~ f - - a r a i tv ~ ~ ~ i 111; I . • r ( r S 0 z-' r ti; Mi ' S. PAGE 5 ;j I r \ ~ O'er ~ ~ ~ r' r • S~ ~:J+ : " E} ` S r 1 > ! .w.~+w.or.++r+wwa..M[arar• 1°`• y r Ess i^3,,.5 1 "'r^"'TC'7 C, 5 lr~^._~~. r fir i'. t r IjL]~" h . 'r fwa + " r 41 }t'r i { ` c - * S~ r tK`,•+ y~ f I i 1 } it { ~t'+ ~Jti51i l ref ` ,;1 }h' X11 ~~➢r~ ~^f 'a 5 'ti + ~ 7y +.ti i. l l ~ I i S IlIrSA-; 71' , 1' ~:;•,..'s.:}`;:.Y••..:p..,. „ - ...'fir .."?~F.. n 11 i t ~ ~ +I ♦ 1. j a#' THE STATE OF TEXAS g CMTY OF DENTON i a On this 2tL day of , 19 , before ~e, the under- signed Notary` Public, personally ppeare _LLOYQ & , personally known to me to be the person who execute the within instrument as the City Manager of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged c to me that the corporation executed it. ! 4.;r WITNESS my hand and official seal. 5 B?ASH1M"t{AMS j ` yr \ r r fyj iiq !R t9i~ /OT44Y PUBLICPSTATE OF TEXAS My Commission expires: 1'Yf,nsoR i > , r THE STATE OF *fthk8 COUNTY OF HElff6lf a+l. , d ,f x{iv'4" '•k ~r On this day of f 'Gb&A , 19 f0 , be ore ID8, the under- r r.. F+ r f signed Notary lic, persona appeare3-" , _44 T; personally known to me to be the person who execute e w t n i + R t~ E ,t instrument as e]a.iU~ of the Contractor, on behalf of the o tractor therein name and acknowledged to me _ y1 i, - that the Contractor executed it. WITNESS my hand and official seal. r P B , STATE OF e Cynthia L. Woods K?dM Pubflp ? Greens Cony Slate of Missouri "fY My Commission expires: hlvCommn u. 11.1900 • ~ ~ Y U, [ . +r r + 1qj( ' }h PAGE b !"A o v'` r rrSF +i ~rtr }t l♦ ,i: ?r♦.~rwYi1♦i i.iY~1;.rr~ ''r i r♦ x I i.. ! s~ + 1 I n n7~ a ; FF i ~ w CITY r COUNCIIf . r~ i III ~ Vpf - ~ sit ~ ~ r1 , -i r X11 1: _ , r T 71 , r owl f 2885L 1 r may' ' THE STATE OF TEXAS g AGREEMENT BETWEEN THE t. s Ci QF_ D ON AND ' COUNTY OF DENTON §DICR?9Ii~(I~a;SpO~t~S~ This Agreement, made and entered this day of , 1990, by and between the City of Denton, a municipal corpora[ n, hereinafter referred to as "CITY" and Dick Birmingham Sports, hereinafter referred to as "CONTRACTOR". r" WITNESSETH: r WHEREAS, the CITY owns certain athletic fields located at Evers Park in Denton, Denton County, Texas; WHEREAS, the CONTRACTOR desires to use the athletic fields I, • ` 1 fir` s located at Evers Park for the purpose of conducting a baseball f hitting camp; and ; I ` WHEREAS, the CITY is willing to grant such privilege and right to CONTRACTOR to utilize the athletic fields located at ; Evers Park under the terms and conditions hereinafter stated to be kept and performed by and between the parties; NOW, THEREFORE, in consideration of the mutual undertakings, agreements i'nd covenants hereinafter set forth, the parties here- y4s to agree as follows: ' 1. Ji• - ♦b f.3 GRANT OF USE { CITY hereby grants unto the CONTRACTOR the nonexclusive ri ht ~r r and privilege to use Evers baseball fields, a public' park within the C'.ty of Denton, for the use of conducting a baseball hitting " J V L~. f Is; 1. ) .*aj' i..,a + T ~ 1 ~Mky f camp commencing March 12, 1990 and ending on March 14,' 1990, in accordance with the schedule of games and practices, a copy of which is included as Exhibit "A", attached and made a part hereof. r In exchange for such privilege, CONTRACTOR hereby agrees to pa to the CITY a fee of FIVE DOLLARS ($5.00) per participant for each participant registered for the baseball hitting camp. This sum shs11 be due and payable at the City of Benton Parks and Recre- ation Department, 321 East McKinney, Denton, Texas, on or before y March 13, 1990. INSURANCE ' r 1. CONTRACTOR, at its own expense, shall obtain and keep in ` a force during the term of this agreement public liability insurance as will protect and defend CONTRACTOR and CITY from all claims t7 ,I f~~tAf i ~ ~ ,f t T~ > I i I A, . f. 1 A , ~ ~ S~ ' ~ 1" y l!was~rw.,w-..,ww. ~....~wr~w r...,.+,.~.~......~...w.......~.. ~..~w.~~.._..~..~ , 1y • t 00 71 IJ v y for damages to property and persons, and such insurance policy shall carry the City of ilenton as an additional insured. The insurance shall protect CITY from and against all liability for `t claims arising out of or in connection with CONTRACTOR'S use and occupation of the premises. Such insurance shall be Issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. I The type and minimum limit of insurance is as follows: ~f TYPE MINIMUM LIMIT Comprehensive General $500 000 - Combined Public Liability Singie Limit Coverage For yi Bodily Injury and Property, ,r., _ Damage, On A Per Occurrence U,(; Basis All insurance policies shall be subject to the examination and ` approval of the Office of the Risk Manager for Denton, for their w 1 3 adequacy as to content, protection and named insurance company.) f 4t CONTRACTOR shall furnish to CITY certificates of such insurance Sfi within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by CONTRACTOR at the athletic fields at Evers Park, whichever event occurs first. In Gtii+ the event of aggregate insurance coverage, the insurer shall pro- r, ' r vide to the City, in addition to the certificate of insurance, a letter from an authorized representative certifying the amount of yY a f; coverage already approved on the aggregate amount .as well as under- CONTRACTOR. responsibility under stands claim dththe at it has such to provide nds And agrees _ Sta x;, this information and that failure to timely comply with the ra- tf~, quir'enente under this Article shall be a cause for termination of ti~f + `f this Agreement. + ~ ; ~,,~4 ~ Insurance required by this Agreement for the CITY as addi- tional insured shall be primary insurance and not contributing, with any other insurance available to CITY under any third party +l liability policy. t` r 1 ;r CONTRACTOR further agrees that with respect to the above Y required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its 1 interest may appear. B. Be provided with a waiver of subrogation, in its favor. t' F~`~` r ,lt;;• 1 i f c PAG E 2 f ' /....fwww...sw+cwr+wra..s.awlr«>..anal.a.wav.ev.x.*+t~.uw,w~.lv.aw..i.sr.ra.wM.le.r.~.w.eu+....-~.+-w-^-^'l - ' t 7 7- f I1 ~I Y t (40IM'. I rya ' t C. Be provided with thirty (30) days advance notice of any material change or cancellation of the insurance I J, policy. r III. INDE?II1IFICATION The parties agree that CONTRACTOR shall be deemed to be an independent operator and not an agent or employee of the CITY with respect to its acts or omissions hereunder. CONTRACTOR agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against + all Liability for any and all claims, suits, demands, and/or actions arising from or based upon any acts on the part of r CONTRACTOR, its agents, representatives, employees, partici- pants and visitors, which may arise out of or result from CONTRACTOR'S occupancy or use of the premises and activities r`• conducted in connection with or incidental to this Agreement,) regardless of whether such in*uries, death or damages are .E caused in whole or in part by the negligence of the CITY. It ,i is the expressed intention of the parties hereto, both CITY c+ and CONTRACTOR, that the indemnity provided for in this agreement is indemnity by CONTRACTOR to indemnify and protect CITY from the consequence of CITY'S negligence, whether the negligence is the sole or concurring cause of the injury, death, or damage. This indemnity provision extends to any and all such claims, suits, demands or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judgments, costs, reasonable attorney fees and ,r expenses. This indemnity provision shall apply regardless of, lx. F r the nature of the injury or harm alleged and whether such claims are alleged at common law, statutory, or constitu- a A tional. This indemnity provision shall apply whether the ~4t, basis for the claim, suit, demand and/or other be attribut- }.•,r"~* able in whole or in part to the CONTRACTOR., or to any of its agents, representatives, rmployeee, participants, patrons, and visitors. ~ Further, CITY assumes no responsibility or liability for s harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which hereafter may mite upon the premises, any and all such defects being expressly waived by CONTRACTOR. nil CONTRACTOR agrees and understands that this indemnity provi- sion shall apply to any and all claims, suits, demands, and/or ;s actions based epon or arising from any such claim asserted by or on behalf of CONTRACTOR or any of its members, patrons, ti. participants, agents and employees. t r PAGE 3 Y + I ;2 ~ y 4~Y%i+i.it~'i~4~.• '~~7'/►~1~Si~rIA~1' . { } i i I. 00, It is expressly understood and agreed that the CITY shall not r be liable or responsible for the negligence of CONTRACTOR, its agents, representatives, patrons, participants, employees and visitors. CONTRACTOR further agrees that it shall at all times exercise reasonable precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. PROVIDED FURTHER, CONTRACTOR and CITY each agree to give the i other prompt and timely notice of any such claim made or suit in- stituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CITY or CONTRACTOR. CONTRACTOR further agrees that this indemnity provision shall be considered an additional remedy and not an exclusive remedy. ; IV. {t MISCELLANEOUS a 1. Invalid Provision: In the event any condition or provision contained herein is held to be invalid by a court of competent y, jurisdiction, the invalidity of any such provision or condition shall in no way affect any other condition or provision. 2. Notices: Whenever notice is required to be made under this Agreement, such notice shall be written enclosed in an envelope with sufficient postage, or hand delivered to and depositid in the U.S. mail to the following addresses: CITY OF DENTON CONTRACTOR ~Fifa~` , ATTN: Paul Leslie ATTN: Dick Birmingham s 215 East McKinney Dick Birmingham Sports+ Denton, Texas 76201 1340 Hest Battlefield, Suite 1 t Springfield, Missouri 65807 ,I Or to other such addresses as the parties may designate to rv 'I each other in writing. M , a, 3. Definition of CONTRACTOR: CONTRACTOR shall mean all r employees, representatives, agents, volunteers, participants and£ visitors of the Dick Birmingham Sports Association. 4. Venue: In the event of dispute as to the terms, oblige- tions or conditions of this agreement, the parties aggree that F's venue for all suits, whether in law or equity, shall be insti- tuted and maintained in Denton County, Texas. 5. Interpretation of Terms: Although this agreement has been draws by the City, in the event that a term or provision is found to be ambiguous the parties agree that this agreement shall be interpreted fairly and reasonably and not be construed more favorably for either party. I t I r f ~ 5 PACE 4 • 1. . r.. MN1.t ~4wM" YtY.ilr.rr , l n f > - 71 ~fJiC T~itF >St+~ p 3''~:2 ~~~.r ~i('f: r`?<~ i~'vfT iii Rr ii^_ ~ ~?!k<: ',,.1{`i,.' , ;r r .i 1 ~ CMa.Ir~ . r 1 t:.t l b. Authority of Officer: The officer of the Association•xho Y executes this agreement represents and covenants that he is duly authorized to execute same on behalf of Association. IN WITNESS WHEREOF, the parties on this date , have caused this instrument to be exec.te~ duplt- I~ 1990, hereto cate. > DICK BIRMINGHAM SPORTS CITY OF DF.NTON ~r r a BY: i-~7 J. BY: DICK B13 ,t t ~ I r'fi r fY: r.. APPROVED AS TO LWAL FORM: DEBRA ADAHI DkAYOVITCH, CITY ATTORNEY k I q t BY: I c. n .3" e i `t A ' 61 t y ~v F. ty ,t r ,M1` V,,,~1 I,r♦, i~tr ♦ r 4. T~. L X rt~y~ ~I i~a` ~3` 'r r j r ~ { f *rr . r i ~ < ~ y XS r> + ~`N "Jtr ~~{SIG ';1 ' i t= ',r 7. r~.tt zlo f 1 , ' L , ky.}l 4 1. a hr ~r t ~i; err v ti~ r, r• Y~,y,~:cT J .~y. fi r, 1 n r ?f J! 1`r r Vyti,•~ 1~ PAGE 5 r f v w 1 .I F~ . ~d sjt' , I ~F t L , { rh; 1 s'~ , k r , . ♦ r ' WIwM.w~n'.~. M~M.rrwr..~M.Wi. I1RY!Irf!•Y~ IIr Wwl:r11 t r Ck 1 5 awl , ra. P f jv i THE STATE OF TEXAS COUNTY OF DENTON § On this j ~ day c ./...e.<<c 19, before me, the under- signed Notary Public, persona y Appeared y Z4k gc4L, , personally known to me to be the person x o execute the within } instrument as the City Manager of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. tai t v0. 1 y - WVOG.n~1fAi~7 I +1 sun li 1 I My Commission expires: c.f - /a5- 9., :f N YYY. r - tTlu+ THE STATE OF T COUNTY OF ' 9tt ~1 /4 On this,-9 day of c v , 19 , before me,-the under- ,k signed Notary~ublic, personally appears 0 r'r ! personally knowneo me to be the person who execute % the x t n tfi instrument ae epQese of the Contractor, on *a. behalf of the on r-actor therein name and acknowledged to me ' that the Contractor executed it. ` WITNESS my hand and official seal. y, r _ y 1 1 ' 44 a," NO UBLIL; -bTATE UK , ~ li LYf ` ,tl m1.S S/1~~~ ♦~3 r~. r r""~ Gyntt+tt 1. woods Haim Public 1 "fHni C.OUfifY : $talA of Mi3lOUr1 My Commission expires: _ MrGemmu« ExcresMer.u,1993 ?.'.GE 6 a • . 1 t ~sRSi~ ~ E CITY COUNCIL= I 41 yrri ref.,. ~l~~+ Y 1,'.1 nod If 511 t~r~. '1 t~ 'i• Y~ GA N or ' Yr t. ~^T a `r) A~ [lj l~' f♦ 1 L~. ~ 1 I Ti I,~• ~f 1 r M 1 Q I r r ~ ~ ♦t. sr ' N r Y MOW- Walm lam Fj, STATE OF TEXAS SANITARY Li1DFiLL USE AGREEMENT COUNTY OF DEMON !i 3 1 WHEREAS, the City of Denton, Denton County, Texas, a Howe Rule City.. hereinafter referred to as "Owner," is the Owner and Operator of a sanitary J ` landfill situated In Denton Cavity, known as the Denton Municipal Landfill., hereinafter referred to as "Landfillwhich landfill site has been duly permitted by the State of Texas; and WHEREAS, ~Iffi~_r'ciitl' N!'-fMTbcUj4Ated% hereinafter i referred to as "User," desires to contract with the Owner for the use of the Landfill for the disposing of Its refuse; and WHEREAS, the Owner Is willing to contract with the User to make the Landfill available for disposal of Its refuse; NOWO THEREFORE, r' WITNESSETH: , f 1. Use of Landfill. For the duration of the year beginning on the -nth day of January 19% and ending on the nth day of December 19 90 unless sooner terminated as hereinafter provided, the Owner shall permit the User to utilize the Owner's Landfill for the dumping of the User's refuse. t j 2. The User shall pay to the Owner a monthly charge based on the price 1. of $2.81 per cubic yard or $11.24 per ton for ccrtpacted: VA, residential and commercial garbage and $2. per cubic Y ard or / Y r' F f r 1 $r11.24 per ton for uioornpacted,residenti a at and carmerclal ga0>age ~ td` loexat the Landfill. yar7he pnor2sha1Qebill therUser rubbish on ortabout + r'' pe ~}1 first day of each month following the end of a month wherein the User dumped refuse on the Landfill. The User chall pay the Owner ' m1 within ten (10) days of receipt of the monthly bill. In the event the User falls to timely pay the charges, the 0wt'er, at Its 1`{ discretion, may terminate this contract by giving the User ten (10) days' written notice. 3. For purposes of this agreement, "residential garbage" Is deflned as shall oonsist of all normal household waste, txcept plant clippings, leaves, tree trimmings, ashes, metal scraps other than cans, large accumulations of boxes, demolition and remodeling debris and other material that cannot be brokesm down t, fit In regular garbage containers; "commercial garbage" Is deflned as all waste normally f St a ` generated by each individual establishment, except plant clippings, r t r c S~~ z= r. PAGE 1 f, F' 1ST2S109330/1 ;t-' tl l' ~ ~ ••~.-~.~•--~ww..r..u.~.w.,..ww.v..x,..u~r.w:u'+:M.a:ti+MwJ'.I.i~1!'FihKl:Yl~M#'Lf 1.L~!~ I r.' i r , leaves, tree trimmings, ashes, demolltion and remodeling debris and other material thrt cannot be broken down to fit In regular garbage containers, and "rubbish (trash)" is hereby defined as all waste and refuse material that is not either residential or commercial garbage. Notwithstanding the foregoing definitions neither residential nor comnerolal garbage shall include any form of asbestos or any other hazardous waste. 4. All of the User's vehicles shall carry readily masce~jnail Identification that is satisfactory to Owner. form of Identification to be used along with all vehicle license plate numbers. 5, The Owner shall construct and continually maintain an all-weather road maintained In a good, smooth condition from the public rr)A through the Landfill to the dumping area. 6• User shall comply with all rules of operation established by Omer i that are applicable to all users of the Landfill site. Failure to ! 4 comply with such rules may result in the User being denled use of = the Landf111. A copy of the rules are attached and Incorporated herein by reference. Said rules are subject to change without i RE " notice. User estimates that the am mt of nr,,hly refuse to be deposited at ; the site to be _ 100 cubic yards. r.J 7, All use of the Landfill is subject to applyable City,, County, State, and Federal ordinances, laws, and regulations dealing with the operation and use of a sanitary landfill site. " S' User may not sub-contract nor assign ,%y rights granted pursuant to 4p r this ~ - them Ag ~errment. g, ty mey cancel this agrt...ient upon giving ten (10) days + written notice to the other party, notice to be sent by certified i w'• mail, return receipt requested, with postage and registration fees prepaid: r CITY USER Joe Mercer/Sao, Contractor Lloyd V. Harrell C0141ERCIAL MERIT INCORPORATED City Maruoger Post Office Box 29619' 215 E. McKinney Dallas, Texas 75229 Denton, Texas 76201 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. s J r, i t C i r 1, _ PAGE 2 yy N. F 1ST25109330/2 i}~ r i.., 1 j fit! y f a day EXECUTED this the of 19~. CITY OF DENT TEXAS BY: LLOYD KkRRE L CITY MANAGER ATTEST: y IFER IfLTERSA CITY SECRETARY Y OF NTON, TEXAS APPROVED AS TO LEGAL FORM: i DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY 1 Ii CITY OF DENTON, TEXAS I j t BY: rYlA f 1 USER r . i d ai J e Hercer/Sub Contractor ! 'F mmercial Merit Incorporated 0. Box 29619• i t s Dallas, Texas 75229 °x (214) 241-5911 s s Service Address F. McKinney i ' ~Y r 1 j " ~ iJj1(If , " PACE 3 p `Yr, r 1ST2S109330/3 e r~ ' . a i. CITY COUNCIL: , r 1 u .1 co ~4 r4~r r p f, r F .i it t•.. ~ ' F{ ~ 4n _ . .._~.......,.--.~..«.........r_...rr :Yw1.4J~K ^ 'fwwWwrft..u. .•t.b ~ y.r.. r °'wi1F FF INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS KNOW ALL FEN BY THESE PRESENTS: COUNTY OF DENTON S The CITY OF DENTON, TE}'AS, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through 1 its City manager a6d-..1AU- hereinafter called "Contractor", hereby i mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to j perform the hereinafter designated services and Contractor agrees to perform j , the following services: A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay 1 Contractor for the services performed hereunder at a rate of ONE HUNDRED FORTY { AND 00/100 ($140.00) per eight (8) hour class actually taught. 3. STUDENT FEE: Contractor agrees to collect a fee from each individual attending the school. Said fee shall be set by the City and shalt be turned over to the City by Contractor within twenty-four (24) hours of each , I class. J 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and i ,M agreed by and between City and Contractor that Contractor is an independent Le 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 f it is expressly understood that Contractor shall perform the services hereunder in accordance with the requirements of the Texas Safety Association, l Department of Public Safety, and National Safety Council. 1. t , 5. QUALIFICATIONS: Contractor must be licensed in accordance with Y.C.S. 4413 (2909 "The Commercial Driving School Act." 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to F. r furnish to Contractor the following services and/or supplies: (1) Location to teach Defensive Driving Course classes and rl materials and equipment to conduct those classes. ~ 1, I I t :Ali 's t 4, 1 (.1 ~1 , F l F ; i INDEPENDENT CONTRACTOR'S AGREEMENT - MICHAEL DALE October 10, 1990 through September 3J, 1991 Page 2 of 2. eM*'• ~ E, 7. INSURANCE: Contractor shall provide, at his own cost and i Ir expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 8. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' written notice of its intention to cancel this Agreement. 9. TERM OF CONTRACT: This Agreement shall comence on the 10th day j of October, 1990 and end on the 30th day of September, 1991. EXECUTED THIS fay of 19 40 4 1F 1 CITY OF DE TEXAS CITY MANAGER ' 7 L~ r r ATTEST: l T` APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOYITCH, CITY ATTORNEY 1 BY,: r 1 1 CONTRACTOR: r BY: 4 4 4% i i 146E ~t♦ i ' i4 FF I fVLR[• ` n CITY I COUNCIL .J ~ 1i I I' F I a ~3d • l7 I ~ { r, x Of D m Oil, off Ol. 'r C~G i s Fr { . tom. _ WI ( r . CONTFSCT AGREVVM STATE OF TMAS COUNTY OF DENTON i i THIS AGUEMSRI', made and entered into this 15 day of MAY A,D., 19 9% by and between THE CITY OF DENTON ! of the County of DEMN and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the ONNER, and nana youg-FDIN`T7nam- D n Any 1509. RYCLUnenv, T~w~e 7~r.1f of the City of nrSn-gn: , County of nar.rArm and state of T M Party of the Second Part, hereinafter termed CONUACTOR. WITHESSETHt That for and in consideration of the-payments and - agreements hereinafter mentioned to be made and performed by the Party of the i first part (OWNM), 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 (OtiNPR) to commence and complete the construction of certain improvements described as follows$ ; n_Tai 1 n1 9Mt DSL OF FRIENDS- OF THR F TLY ARRLTRR ZN THE ANOTSM a OF $51,659.00. - 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, equipments 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 (Advertisesent for Bids), Instructions to bidders, s'alt'attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, *M other drawings and printed or w0tten explanatory matter thereof, and the Specifications therefore, CA-1 . 0044b ' - l t 1 i as }.prepared by CITY OF DENTON STAFF all of which are made a part hereof and- collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence ,work on or after :the date established for the start of work as set forth in vritten not ce to commence work and complate all 4#rk within the time stated in the Proposal, subject to such extensions of ti" as are provided by the General and Sg*c.Ia1.CosdilioasA:' The OWER *gross to pay the CONTRACTOR in "current €unds tfie' price or prices shown in the Proposal, which forms a part of this contract payments to be subject to the General and Special Coo3It-16d of ;tFie. Contract. E-, IN WITNESS MRDDF, the parties of these preseuti have- eiectited this agreement in the year and day first above written. I.Cd ATTEST] ..y .nr -r♦ - . CITY D ~ ti TBl S Party orlye-71 t Partif i g1 ccf' - - _ (SUL) AT'TESTi a,:EfS E cccE::....;: cer.x:::e•e fr; Si REM,Cr CF iS1~+ri: Sj"t y " fir, 10 f, Party f a ec art, CONTRACTOR 1 g Y _ '..:C^ FeaEn A* ti a: •s' tee.! (SEW Ar:eettf•1 APPROv TO FOR!!t n; :e. Eesrt. 2 C Z' i CA-2 004ib i i ' ' i~jiM~.fi~iYIYIi•ua.+~.~iYT.\.•_ ...i._..-..... .i ....-r .y •ui •.:V'.ti..\~IW..... R•//N I 1 I i ram j l CITY OF DENTON INSURANCE MINIMUM R$QUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered } and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: i o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I ! 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY, This insurance shall protect the Contractor against all claims ' under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any } - reason, may not fall within the provisions of a workmen's i4k compensation law. The viability limits shall not be less thans o workmen's Compensation - Statutory j o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall I be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $5000000.00 . III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to rs:' members of the public or damage to property of others i ' arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 1 FF,i i ~,G'r• To the extent the Contractor's work, or work under his 1 direction, may require blasting, explosive conditions, or i underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground { property, 11 The liability limits shall not be less than: ! I 0 A combined single limit of $500,000.00 i IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This I insurance shall provide coverage for the Owner and its 1 employees, in the name of the City of Denton, for liability that may be imposed arising out of the work f being performed by the Contractor. This also includes i liability arising out of the omissions or supervisory acts of the owner. Although this insurance is strictly for the i benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: i o A combined single limit of $500,000.00 i ~ INSURANCE SUMMARY: ~ The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and i accepted for operation by the owner and written notice of that ( fact has been issued by the Owner. Approval of the insurance by 1 ' the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. it is expressly understood that the Owner does not in any way represent that the specified limits of _f liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. j ~ Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate i limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of j any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the owner has reviewed and approved the insurance ; certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such ;I approval by the Owner. CI - 2 i 's f CERTIFICATE OF INSURANCE i CITY OF DEXTON f~ ~ j Noe and Addrns of Agency City of Denton kferefhce: I Project Nam: k I E Project No: i I Phone I Project Location: i I Managing Dept: IM wr.... j Noe and Address of Insuna: i CagaNies Affordiag Coverage: E i IA i I Phone I C I I Tbis is to certify that Policies of insurance listed below Uwe bon issued and an in torn at this tier. If apaay Expiration Limits of Liability ICo I, Jlet r Tyoe of Insurance Policy Number Oats Is Tbeuleeds 100011 I' ( i i (Occ++rreaa 1 I 1 eonprobonsive Wwol Liability 1 I I- Occurrence I I f I I. Clain We (see 12-reverse) I l i tadily Injury 13 I 1 I Ij' i i ! I 1 _ ! 3 I ~ I I k"4 Fees to Eelhndu Property Demge 1 i ( - Prow sa/Opontion$ I I 1 y I I- eedependeet Coetractors I ! I I I{ I 1 Produces/Coaglew Opoatioas I f i iilgye t~iry, d rroWty j j- injLiabilury (%H !l-rer.n.► I I l I { r I I- Explosion vW Cotlapa Hatird I I ! I • Underground Hazard I I I ! ! 1• Liquor Liability cey,wage 1 I 1 I I- Fire legal Liability (see 13•reyersal I I I j I, I I troed fors /roparb Dasege . .:I_.r....w_.w.«.«TwN_«..ww_.rr.i.«r_..«..«I.«.r«_I.w«_.w.._r«-..«.....I......«-•--li f I I . Professional Errorsimssiom ! I . occurrence I I' I I I - L - claim made (see Wrewn►) f ( j Cogreihe 0" Asrtamiile I I j todily Wory/Peraah Liability Wily Injury/Aceldent I I< I 1 ! i I I ' I ownodmaaed Aotmbllas I I I Prowty Daarge _ Non.oweea Aatoeobilas I 1 Ir.-.....«...«....„....«I........«..I Wily Iajury/Froperty I I I i- Hind Automobiles I I I gam" C,041444 1 I I i i I s I I i i l j Wrken' Comipm in and I I I Statutory A.euat ! I ' ! 1 I Is l Employers' L1M11ib I I each eccideat I j i I oti~ t.uxuce I I I ~ . z • .I i F_ 77 AUNS 1 o~ CERTIOICATE , INSURANCE KSLK LATE w►~ x a PROOLICER =4 IrrATE 6 "mo AS A WTIER OF iIOH Or1lY ANO cON►rA{ Cary biGgRao: 6 Aaaotialna WONtNectRtrEDATerEOtDU.t►MCERtv{eAtEOO[ergTAl~ENp, 18601 I.bJ Freeway f 31 o ExTM oA ALTAR THE COYEAAOC AFFORDED aY THE PQLXXS aKxoW. Mesquite, Texas 75150 COMPAMES AFFRDINO COyERAOE MER A _ Western Heritage OOMPANY LEMER InSUREO~. _ Texas Llorkera Coup Aaaied Risk Pool Dau Wadley dba Dana Construction Co. L P.O. Dux 1594 a Richardson, Texas 75080 LLE e terrEa f POOT TO C NOM 1ANYNATR CO01ARE MMtH Nf ItTI TEaM OAI CRODflDfTION OF e l M ON OF NANTCONT1tCf OA V VMA6CI ORO T{a'll A elSU11E0 NAMED ASOYE F041HE Pot ICY Ptfa00~prOA1E0 f NOTw11116TANDeq DODUMEM MATH REaPECf TO Mr11EL11 TNq CERTFFCA1004W41 fse AaeVED OR WY PERTAML TK afflatAAlCe A/fOAOlD aT 1/E POAICEa DleCAAIlO FRIIEeI Is "X" to ALL THE I mm EKCIIIarONa, AND 0Pd Of C1kH PaluEa, --qCYEr~~~{ LIAM ITY LMIS N TNOUSANOE I 1trf or INSUPANCE POLICY NuVK-a Ww PK►9(++~ W l ~{'Ypl w OF?R1UTA LIAaILTTY Y ~3 Aoasan j O~IpRI EIaYVE FOIIY MY $ X PlIe" IMEPATOVS Binder 3318051790 5-37-90 5.17-91 atY wo{ COI VK KVAW S t • PH0OI0&(0W%ETEDOPIAATOO { CWPACT^ a A ro X 1"Fl1[(IA DJAtIpIO101K aaw.so : 500: 500 OW FOW MOPW t pAAW Ig6OYAl PLAAM PERSONAL INJURY _ ADTOMOa1lE LrAaE.tr - - . { an ww ALI OWRl0AM PRV PAV)4 aWywk;'~C a 3 i - - AYI OWNED 1" 0110) M~7>tlvi : r W IFO AUTOS TIDN OVAaD ALrtCS ►r alterY c. iVLFU Loh NY MAr~rO~c . r, Elan ukoxm EMII lAp0 Dt-!FhWM WEgtIrAFO1r i MOIExERa' COWfjM$ATE011 e1A rVK+I{ b ANO To be assigned 5.18-90 5-38.91 $ 31" f AxK hij 5-m 4%t l "MY 1 S EWL rLre orcAs' LuuHLrtr . orfiEa . - i 100 ~cSEA;I ►AOIUgDtlf M City of Drtttun ! ne~¢ed aD additional In red. OE9CRVIION 01 OPERA? 014110(;T4KM EOClf4trELtiAL REVS - - i Applleation has been made to the Texas corkers Capp Pool for this client. Coverago should be bound effective 5-18-90 I r r City of Den tot{ eHOtlLOAM OF THE ABOVE 04 MD POL S aE CAH"UID IKFOEK tHE rK• f 901-$ Texas PIRAT DATE TKEREOP, THE IEtUfNO COWANY WILL NUDEAYOA TO y SAME 39 DAYt WNTTEM Not?" 10 THE MTFICATE "OLDER NAVE010 THE Denton, Tcxab 14".BUTFAILURE TOWK11LICHNOTICEENALLVVWftOOaL10AT10NOAUA94ITr i - OF ANY.04 Ns CaMPANi+•LIV ~oaN1~OR f1ErEEeatwtATl e. Attr.1 4'wu Shaw DPEP ATAM[-- 1T t ~ I { 1 I ~I w, r FFCONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not j apply to Worker's Compensation.) E I NOTICE OF CANCELLATION: Prior to any material change or f cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. 1. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse { side of this Certificate of Insurance under I Comprehensive General Liability, must include a i definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is .S provided as required by the governing.contract. 2. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the :ollowing formula: Continuous coverage for the life of the contract, plus I one year (to provide coverage for the warranty period), I and a extended discovery period for a minimum of five ~f (5) years which shall begin at the end of the warranty I period. 3. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of I City-owned or leased facilities.) Insurance is to 1 cover buildings, contents (where applicable) and peroandntly 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. i CI - 4 i I Roo", J E. FORMAL BID FOR HE-MODELING FRIENDS OF THE FAMILY CITY OF DENTON 8-8-90 v i SUBMITTED BY. DANA CONSTRUCTION i P.O. BOX 1694 RICHARDSON, TX. 78080 A'`s AREA 214 422-0369 yl .r ; . AV I t W. 7 f r it 9n 'F f 1 1 s q;41, 1 ! ..R. DANA CONSTRUCTION P. 0. Box 1594 . Richardson, Texas 75080 (214142 2-0359 may 6, 1990 City of Denton 901-B Texas St. Denton, Tx. 76201 Attn: Mr. Tom Shaw Purchasing Agent 3 To Whoa it may concern: 1 Please find enclosed a bid submitted by Dana R Construction, Richardson, Tx, Construction cost detail has 1. been indicated as per amount of time allowed for bidding. If thn amount of the bid is agreeable, then Dana Construction woulO in ttira go about the task of further detailing the elements of the construction as requested. All insurance documentation will be supplied from Dana 1 l Construction and individual Sub-contractors as pee* requirements outlined by the City of Denton. f It is observed that there is considerable lack of+ `s detail to specification as to construction. It is also i. observed that the legal language of enclosed documents is ii sufficiently deficient with regard to the overall project r that Dana Construction respectfully declines depositing a I , certified check with the enclosed bid until opportunity is 1 provided to clarify some,points. Again, if the numbers i. within this bid would make it eligible for acceptance, then; Aana Construction would comply with the deposit requirements ; after careful assessment of the spirit of the documents and the specifications of the various construction elementa, 1 3 91 e y ' ley 1 Dana Construction ! 6 DW/rft t • . r' ' • MAINTENANCE TENANT FINH-out PROPERTY ! t COMMERCL4L Cor SMXTON NOOK f + 1 .f , r.• 1 I 1 rFr ' f i DANA CONSTRUCTION 05/08/90 FRIENDS OF THE FAMILY 1429 OAKLAND RE-MODEL SQ.FEET: 3,418 aaa5za9 aaGa3 aa~7a aaa=aria ~3~aa 337303 Cp C~3O3CL~=C~--~~----p~~aaaZS+II2O=~-. ! CODE DESCRIPTION CST/SF COST % ' 300 PLANNING FEE 301 BUILDING PERMITS ` 302 f 303 304 305 ! 306 DEMOLITION 0.29 977 1.9$ 307 INSULATION t 308 WINDOWS 0.55 1,887 3.7$ 309 DOORS 0.23 772 1.5% 310 ROOFING 311 CONCRETE WORK 0.05 167 0.3$ 312 MASONRY 313 DRYWALL 314 ACOUSTICAL CEILING 315 SUSPENDED CEILING 316 317 TAPE/BED/TEXTURE 0.37 1,253 2.4$ z 318 PAINTING 1.74 5,939 1i.5$ 319 PANELING 0.03 97 0.2$ y~ 320 WALLCOVERING 0.09 309 0.6$ 321 TRIM: I 322 TILE WORK 323 FLOORS' 1.11 3,783 7.3$ 324" ELECTRICAL 0.73 2,498 4.8$ .325 PLUMBING 2.11 7,215 14.0$ y 32bHVAC 0:72 2455 4.8$ 327;5PECIALrIES 5.53 18,899 3u28 LANDSCAPING 1 *!1~ } 1^' y ,ii 929 FENCINGI, 330 CLEAN-UP 0.15 527 1.0% 331 EQUIPMENT RENTAL 332 MATERIALS - 333 MISC. EXPENSE #1 0.12 414 0.8$ ~ 334 MISC. EXPENSE #2 ~.'.r T 335 CONTRACT LABOR 0.58 1,998 3.9% 336 CONTINGENCY ALLOW. 0.12 2,460 4.8$ ' C y , . TOTA'L CONTRACT- - CONTRACT LESS CONTINGENCY: ;49,199 1 '-----------COST-PER SQUARE FOOT: 15.11 r y l . ( r •I ` l - - I ~ . i t F ITEMS DESCRIPTION UNITS - KITCHEN CABINETS LAMINATE COVERAGE TOTAL 1 COUNTERTOPS 6,812.14 LAMINATE TOPS 1 SINK. STAINLESS 80 1,038.40 i C OOKTO P 7HERMADQR #TMH45 1 88.50 38 VENT HOOD WHIRLPOOL RH48348XLS 1 697.38 OVEN WHIRLPOOL #RB760PXT 2 272.58. DISHWASHER KITCHENAID KUD5220T 1 1'208'32 GARBAGE DISPOSAL KITCHENAID KCDI250S 1 189'42 ICEMAKER WHIRLPOOL #EC5100XT 1 188.80 . INTERCOM NUTONE 3 STATION IK15 1 841.34 MEDICINE CABINET 80.32 1 ° SHELVING (BATH) 1 19.43 j SHELVING (PANTRY) 88.50 CEIL FAN W/ LGHT KIT HUNTER 52• PASSPORT q 196,88 j ' FIRESCREEN DOOR 43.75 X 31.5' 401.20 BRASS KICKPLATE 34• X 8• 1 234.82 SECURITY SYS BURLE (RCA) CAMERA 2 56.99 BURLE (RCA) SCANNER 2,832.00, 1.062.00' MONITOR 2 601.80 ` DOOR LOCKS 2 861.40 LABOR, MISC. HANDICAP BARS 18• 1 354.00. 24' 2 40:14 h ~ + 36' 1 22,49 1 t! ' 42' 1 26.95 r 48• 29:37 TOWEL BAR 18■ 1 3V.-60 i~ PAPER HOLDER 1 T83 - - - - - - - - - - - - - - - - r r - TOTAL: { Y! r 18, 896': 7b v: + ~ ~ _~-,,......ter.-_ _ ~ ~tr:• - ,3'. b ' 'i Oml I FF SQUARE FOOTAGE OF AREAS 9.58 ' - ENAMEL FLAT ~ WALLS CEILINGS DOORS TRIM STOOL ' i 261 107 11 34 361.44 140.11 121.12 113.0 12.9 AREA 201 t ENTRY DESCR 15T1.50 511.11 213.11 224.2 121.32 202 LIVING OWN 1,041 $25 119 7S 292 197 113 S6 3 419.09 115.15 202.31 112.0 351.11 I 213 PlATROOM 204 NEM OFFICE 210 1 97 39 51 S 411.10 156.41 103.26 11.1 244.25 205 DIMING ROOM 452 361 134 T1 4 619.99 311.10 215.11 51.1 1!1.71 41 35 24 1 161.19 63.65 61.01 11.4 146.06 3 204 PANTRY BUTLER 120 54 17 36 2 260.13 Ism 201 PANTRY STORAGE 201 23 2 52 65 2 641.14 246.52 151.05 101.2 341.71 417 16.20 19.12 $9.3 145.54 i 1 201 WOO 209 UTILITY 112 45 38 31 2 221./4 33 1 270.33 102.73 63-04 S3. 230 HAMO1 BATH 211 i4 34 62 3 503.93 191.49 99.21 14.4 216.61 r7 40 1 345.21 131.21 41.16 35.2 116.45 211 BED/DFFICE 340 164 .94 .33 .5 $26.07 212 STAIRNEIi 214 64 213 UPPER WS 511 300 135 92 2 116.11 391.41 249.51 142.1 139.54 . BATH 206 It 17 31 1 256.$3 214 S 11.01 i 115 SPLIT BATH 114 41 11 31 2 231.51 44.96 257.53 41.9 1.13 23.9 1 116.25 316 OWN BATH 114 13 if 12 117.00 41.66 21.33 23.2 63.19 217 STORAGE CLOSET 16 11 36 1' 317.31 11.32 .S ZU AASTER MO 11 $11 324 11 16 S W115.19 120.11' 143.25 131.6 151.42 I i 211 NASTR,CLOSETI 255 63 17 ZT 156.11 10.11_ 32.06 21.3 11.31 i 221 NLSTR CLOSET! 2 144 14 16 16 p 210.50 102.71 112.20 IS.4 1!1.11 j 221 mpa" 111 100 17 OT 114,94 39.11 27.33 96 f ti 11 ; 222 SP CLE3 r. 12, ; s f 3 S. BEDAu"!, • 301 tt3. 11 S1 ~T3.31 21.0011 24.56 20.9 211 16 51 31 t, 'jj' IS a i i ' ' 221 aOSEt AOAl113_ ip 6 Il 225 1. 53 2 499.19 1tf.fS 70,07 ii.b 2 r 353 147 U 13 13.25 41.50 , , 8EDROOlI 25.3 231 11 ~t 2261 C to ED(hSOM t5 }20 : 11 li 55.14 611,09 221 67 t~ r t2! CL 419 161 146.50 I's '136 1 I Si e z y ~ ~ V 1 L 4 _ p, t , 5/08/90 CONSTRUCTION AREA CODES j~ Page 1 ACODES DESCRIPTION 201 ENTRY 202 LIVING ROOM i 203 PLAYROOM 204 NEW OFFICE 205 DININO_ ROOM I 206 PANTRY BUTLER 207 PANTRY STORAGE 208 KITCHEN 1 209 UTILITY 210 HANDI_BATH 211 BEDRM OFFICE i 212 STAIRWELL 213 UPPER HALLS 214 N. BATH t „ 215 SPLIT BITH { 216 COMMODE BATH 217 STORAGE CLOSET 218 MASTER BDRM_#1 `i ( 219 MASTR_CLOSETI "A I• 220 MASTR CLOSET2 ` f 221 SUN PRCH/BDRMtt2 222 SP CLOSET 223 S. BEDROOM #3 51 224 CLOSET BDR9113 i 225 E. BEDROOM #4 r; 226, CLOSET_SEDRM#4 { 227 N. BEDROOM >i5 4 7 228 CLOSET BORM#5 j 228 ATTIC ' 230 EXTERIOR/GARAGE j < l •yv 'r5 „ 9' , r iii, w' . r ~t } F< t 4 t y i t,z I r ' 5/08/90 CONSTRUCTION ELEMENT CODES Page i f i ECODE ELEMENT 300 PLANNING_FEE 301 BUILDING_PERMITS 302 303 304 305 306 DEMOLITION i 307 INSULATION 308 WINDOWS 309 DOORS 310 ROOFING f 311 CONCRETE_WORK 312 MASONRY s; 313 DRYWALL 314 ACOUSTICAL_CEILING ' ED_CEILING END P 315 SJS 316 TAPE,_BED 317 TEXTURE j 318 PAINTING 319 PANELING `i 320 WALLCOVERING ;j 321 TRIM 322 TILE WORK 323 FLOORS 324 ELECTRICAL 325 PLUMBING i 326 HVAC` 327 SPECIALTIES . LAN • 68CAOING 329 FENCING 390 CLEAN-UP + 1'~i s 331 rEQUIPMENT_RENTAL z,• q $32 MATERIALS 1 333 MISO. EXPENSE1 11 t 334- MISC. EXPENSE • R2 t c'; 1 335', CONTRACTI LABOR ' r7 336 CONTINOENCY_ALLOW. ! r ~ v ..p 1 I l I ti. y' ; r r 'I r h - _ .`.mow rr~~ Ik I V, 1 t r rr 1 61 S/08/!0 PROJECT NORM INVENTORY P~• I - - AM DESCRIPTION AREA ECODE ELEMENT WORK COST 201 ENTRY 107 311 STAIN/VARWISH BEOROOM DOOR i 201 ENTRY 107 311 STAIN/VARMISH FRENCH DOORS 55.Of 201 ENTRY 107 311 STAIN/VARNISH TRIO I 201 ENTRY 107 318 STAIN/VARWISH NALL$ 201 ENTRY 117 323 FLOORS VINYL 141.73 201 ENTRY 107 324 ELECTRICAL FIXr: (2) FLUORESCENT 201 ENTRY 117 324 ELECTRICAL INSTALL BREAKER BOX 203.73. J 202 LIVIN6_ROOM $25 312 MASDMRY FIREPLACE MORTAR 27.50 } 202 LIVING ROOM 525 313 DRYWALL PATCH 12.50 202 LIVING ROOM 525 318 PAINT CEILING 202 LIVING ROOM $25 311 PAINT TRIM 202 LIVING ROOM 525 311 PAINT WALLS 202 LIVING ROOM $25 311 STAIN/VARMISH FIREPLACE MANTEL 1S.00 f 202 LIVING ROOM $25 323 FLOORS CLEM CARPET 202 LIVID ROOM 525 323 FLOORS PATCH CARPET 202 LIVING ROOM 525 327 SPECIALTIES FIREPLACE SCREEN 234.12 I 202 LIVING ROOM 525 333 MISC ADJ FRENCH ODORS 10.00 { 212 LIVING ROOM 525 331 MISC CHK FIREPLCE FLUE 10.00 I 202 LIVING ROOM S2S 333 MISC. £XPfWSE_11 REPAIR MORTAR 13.75 ----313.51 203 PLAYROOM 197 309 DOORS EXTERIOR METAL DOOR 12.50 213 PLAYROOM 197 333 MISC. EXPENSE 11 RE 00 CABINET FOR LAVA. 175,00 t 203 PLAYROOM 197 309 DOORS EXTERIOR METAL DOOR 12.50 203 PLAYROOM 191 30 DOORS. INSTALL W. 41,25 283 PLAYROOM 197 313 DRYWALL CONSTRUCT WALL 330,00 203 PLAYROOM 197 313 DRYWALL PAIN 12,50 f i 203 ; PLAYROOM 197 317 DRYWALL TAPE/BED 37.51 203 PLAYROOM 117 311 PAINT BEAMS L~ 213` PLAYROOM 197 311 PAINT CEILIN@ l: 203 PLAYROOM 117 311 PAINT DOORS 203 PurROb1 11,7 311 PAINT TRIM * 203 PLAYROOM T11 318 PAINT MALLS f' 213 PLAYROOM 111 311 PAINT VIND04 283 PLAYROOM 197 321 ELECTRICAL EXT LIGHT SWITCH 1 DOOR vz 203 PLAYROOM 97 321 PLUMBING LAVATORY (INSTALL) i 203 PLAYROOM 197 327 SPECIALTIES DEADGOIT r 203 PLAYROOM 117 321 SPECIALTIES VIEWER ~ _ 761.25 s r' 204 NEW OFFICE 131 313 DRYWALL PATCH 12.81 ; 201 MEW OFFICE 131 318 PAINT CEILINGS 104 MEWOFFICE 131 318 PAINT DOW 204 KEN OFFICE 131 311 PAINT TRIM 204 NEW OFFICE 131 311 PAINT WAILS + r E 201 NEW OFFICE 131 311 PAINT NINDONS pi ti 204 NEW OFFICE 171 323 fL00R5 CARPET 221.91 n5 Si F ~ ~ wrctiM+a~'.--.........r~....r.r~.+n.r...+_,riur...... w......... ~..tir~.iwww~.ww ~--w• r~--~. 'sr • 'e n i FF f ' F.+r.t. 5/06/90 PROJECT WORK INVENTORY Page 2 1 - - - AM DESCRIPTION AREA ECOOE ELDD T WORK COST 240.44 205 DiKIMB_ROOM 361 313 DRYWALL ENCLOSE ODOR TO KITCHEN 62.50 205 DINING RDOM 366 313 DRYWALL NEW DOOR OPENING 110.00 205 DINING ROOM 361 313 DRYWALL PATCH 12.50 i 205 DINING ROOM 361 311 PAINT BEAMS 205 DINING ROOM 361 316 PAINT CEILING ' 265 D1NI" ROOM 361 311 PAINT DDORS 205 OININO_ROOM 361 310 PAINT TRIM 205 DINING ROOM 366 311 PAINT MALLS 265 DIMINO_ROOM 361 319 PANELING PANELING 205 DINING WON 366 323 FLOORS UMDERLAYMENT 435.00 205 DINING ROOM 361 323 FLOORS VINYL SLIP RESIST 507.14 I 205 DIMING ROOK 341 327 SPECIALTIES KICKPLATE 36.00 I 205 OIMIMG RODM 361 327 SPECIALTIES LEVER HARDWARE 16.00 205 DIMING ROOM 361 333 MISC ADJ FRENCH DOORS 10.08 205 OININO BOON 361 333 MISC REPAIR OEAM5 5.00 j 205 DIMIla3_ROOM 3N 333 MISC NOOOFILL 12.50 1,227.34 206 PANTRY BUTLER 47 306 DEMOLITION REMOVE EXISTINS CABINETS 21.50 206 PANTRY SUTLER 47 306 OEMIOLIIIOM REMOVE EXISTING MALL 21.51 206 PANTRY OUTLER 41 300 WINDOWS REPLACE 60.75 206 PANTRY BUTLEA 47 309 DOORS INSTALL 2' X 0' 41.25 206 PANTRY BUTLER 47 313 DRYWALL BUILD DOOR OPENING 2' 61.75 ` 206 PANTRY_OUTLER 47 313 ORYML PATCH 12.51 206 PANTRY BUTLER A7 311 PAINT CEILING % z PAINT A + l 2 201 06 PAN TR'f BUTLER 47 31 1 PAINT 206 PANTRY WTLER 47 311 PAINT DOOR . l 206 PANTRY BUTLER 41 323 FLOORS VINYL SLIP RESIST 65.33 216 PANTRY 8UTLER 47 324 ELECTRICAL' FIXTURE r'; 207 PANTRY-STORAGE S4 306 DENOL1TIOM REMOVE CEILING TILE 201 PANTRY STORAGE 54 301 DEMNriITION REMIDVE EXIST SNfIYER 21.50 297 - PANTRY STORAGE $I 313 DRYWALL fMCIOS£ (2) WINDOWS 12.50 211. PANTRY STOAAG£ St 313 DRYWALL FILL IN CRAWL SPACE DOOR 21,50 , kx, 207 PANTRY STORAGE S4 313 DRYWALL SHEETROCM CEILING tf.2S 217 PANTRY STMOF 54 316 TAPE/BED Cl 15.10 r c 207 PANTRY STORAGE 54 317 TEXTURE CEILING 12.00 207 PAMTRY-STORAGE S4 311 PAINT CEILIMA r 207 PANTRY-STORAGE 54 323 FLOORS VINYL SLIP RESIST 15.01 i. 207 PANTRY STORAGE 54 324 ELECTRICAL F(XT: LIGHT ' 207 PAMTRY_STORAGE $4 327 SPECIALTIES INSTALL NEW SHELVES 195.11 217 PAMTRY_STORAGE 54 333 M15C RE-ENFORCE BEARING NAIL 21.50 lit rR $45.44 r t E 201 KITCHEN 232 306 DEMIOLITIOM RMVE BUTCHER SLX PANELS 20.63 +4 I . pool 1 Ole 00 r 1 a. fllftm I 1 5101/90 PROJECT WORK INVENTORY Pape 3 r 1 ~ ACOOE- DESCRIPTION- AREA ECOOE -ELEMENT WORK- -COST 1 R i 208 KITCHEN 232 306 DEMOLIIION WYE EXISTING WINDOW 27.50 201 KITCHEN 232 306 DEMOLITION STRIP WALLPAPER 51.00 208 KITCHEN 232 301 WINDOWS INSTALL THERMOPANE 110.01 201 KITCHEN 232 301 DOORS 81-FOLD 55.00 201 KITCHEN 232 313 DRYWALL CONSTRUCT FUR DOWNS 12.50 f ' 201 KITCHEN 232 313 DRYWALL ENCLOSE PANTRY DOOR 12.50 1 201 KITCHEN 232 313 DRYW1lLL PATCH WILLS 12.58 201 KITCHEN 232 311 PAINT CEILING 208 KITCHEM 232 311 PAINT DOORS 201 KITCHEN 232 311 PAINT TRIM ` 201 KITCHEII 232 314 PAINT WALLS i 208 KITCHEN 232 323 FLOORS UNDERLAYIDT 274.24 I 208 KITCHEN 232 323 FLOORS VINYL SLIP RESIST 322.11 ! s` 201 KITCHEN 232 324 ELECTRICAL 0 F I OUTLET II 201 KITCfO 232 325 PLWBINS INSTALL $0 SAL W HEATER 201 KITCHEN 232 325 PLUMBING INSTALL NEW DISPOSAL 201 XITOO 232 325 PLWGIMG INSTALL MEW SINK 201 KITCHEN 232 321 HVAC RELOCATE FLOOR REGISTER 201 KITOO 232 326 HVAC UP6RADE HVAC TO CODE 201 KITCHEK 232 327 SPECIALTIES KITCHEIUID DISHWISHER 749.42 201 KITCHEN 232 327 SPECIALTIES 0 TCHENAID DISPOSAL 111.11 208 KITOO 232 327 SPECIALTIES SINGLE FAUCET 201 KITCHEN 232 327 SPECIALTIES STAINLESS STEEL SINK 218 KITCHEN 232 327 SPECIALTIES THERNADOR COOK TOP 611.31 201 KITCHEN 232 327 SPECIALTIES WHIRLPOOL ICE MAKER 141,31 201 KITCHEN 232 327 SPECIALTIES WHIRtm OVEN (2) 1,208.32 I, 201 KITCHEN 232 327 SPECIALTIES WHIRLPOOL PENT KOO 212.51 f I t 4S 306 . OEJIOl1TION STRIP WALLPAPER 13.75 T 209 UTILITY 219 UTILITY 45 308 WINDOWS STORM WINDOWS 21.SD 209 UTILITY tS 313 ORYMALL ENCLOSE W. WINDOW 41.25 f r-. 219 UTILITY 45 313 DRYWALL PATCH, - 12.51 `$1 201 UTILITY 45 317 TEXNRE CEILING ,r J 209 UTILITY 45 315 PAINT CEILING' f# 20! UT,IIITY 45 311 PAINT OOOA E 19{ ' ` + 219 UTILITY IS 311 PAINT TRIM 0 1" a. f NO UTILITY 45 311 PAINT NALLS ' F 201 UTILITY 45 311 PAINT WINDOW 209 UTILITY IS 321 TRIM WAIWSCOI +i 201 UTILITY 45 323 FLOORS VINYL SLIP RESIST S3.SS , 1 r 20! UTILITY 45 324 ELECTRICAL SMOKE ALARM i 209 UTILITY 45 324 ELECTRICAL WASHER BOX t r 209 UTILITY 45 325 PLUMBING INSTALL DRYER VENT 209 UTIL1iY 45 327 SPECIALTIES INSTALL WALE CA8IMET 27.58 t' 191.95 ; 210 HANDI OATH 51 306 OENOLITION REMOVE WALL NEATER 41.25 211 HMO] LATH S! 306 OEIICLITION REMM WALL TILE ILSI ` f L . ~ I~ { F, 5/08/90 PROJECT WORK INYEMTORY Page f - ACOOE DESCRIPTION AREA ECOOE ELEMENT WORK COST - - 210 HANOI BATH 59 301 WINDOWS STORM WINDOW 21 X 44 27.50 210 HAMOI BATH 59 309 DOORS INSTALL 3 X 6'1' 41.25 210 HANDI~BATH 59 313 DRYWALL EMLAROE DOOR OPENING 111.00 " 210 HAMDI BATH 59 313 DRYWALL REPAIR MALL 1 HEATER 27.50 210 HAMD1 BATH 59 316 PAINT CABINETS 210 HAMOI BATH 59 311 PA19T CEILING I 210 NAMO1'BATH 59 316 PAINT DOORS 210 HAMDI-BATH 59 311 PAINT TRIM f 210 HAMD1 BATH 59 329 WALLCOVER X450NITE LOWER HALF j 210 NAMOI~OATH S9 320 MLCOVER WALLPAPER UPPER 210 HANDCBATH 59 323 FLOORS VIM SLIP PE$15T 61.12 210 HANOI BATH 59 324 ELECTRICAL FIXT. LIGHT 210 HANOIEATH S9 324 ELECTRICAL G F I OUTLET 210 HANDI-BATH S9 321 PLAINS IS, COIII09£ 211 HANOIBATk 59 325 PLUMB INS 20' X 11' KILOM SINK III NMOI_-BATH 51 325 PLAIN LAVATORY FAUCETS 210 HAMOI BATH 59 325 PLUMBING SHOWER W/SPRAY 1 210 HAAOI.BATH 59 327 SPECIALTIES 1 1/4' G BARS I COKNODE I III HANDI'BATN 59 327 SPECIALTIES II' ICW£L BARS 11.00 S 211 WDI'BATH 59 327 SPECIALTIES 24' TOWEL BARS 13.09 210 HANOI BATH 59 327 SPECIALTIES CABINET 36' X 30' 211 HANDI BATH 59 327 SPECIALTIES HMO FAUCET SHOWER 210 HANDI.BATW $1 327 SPECIALTIES KICI(PLVTE 36.10 210 NANDI~BAD. 59 321 SPECIALTIES LEVER HARDWARE FOR DOOR 16.00 210 HAIIDI' PAN 59 327 SPECIALTIES MEDICINE CABINET 27.50 210 HAWDI~IATH ' 59 327 SPECIALTIES PAPER HOLDER 9.50 i 110 NAMDIJATH 59 327 SPECIALTIES TOWEL RING 9.51 " 211 HAA:'-BATH 59 333 MISC.-EXPEMSE-61 ALTER CABINETS $5.00 a ~ I } r{ 561.92 ~ i ! 211 MAN OFFICE 61 306 DUAITION MM FLOOR FURNACE 61.15 ` i 211 8EDRM OFFICE 60 306 DEMOLITION STRIP WALLPAPER 15.01 ; f 211 BEORI! OFFICE 60 311 WINDOWS STORM NIXON 40.5 X 61' 41.25 7 aj x 219 BEDAM~OFFICE 64 313 DRYWALL . PATCH 12 .50 1r 2T1 1:011K .OFFICE 60 310 PAINT CEILINGS ~ 211 BEDR31 OFFICE 60 311 PAINT DOOR ~4. " 211 OEM OFFICE 61 311 PAINT TRIM 211 OEDRM OFFICE 60 311 PAINT NAILS 211 BEORM OFFICE 60 320 WALLCOYERIXG WALLPAPER (2) HALLS 1 211 BEORM OFFICE 60 323 FLOORS INSTALL VIM 13.41 211 BEDRM.~OFFICE 60 333 MISC. EXPEMSE_11 REPAIR NOTE 1 FLR FURN. 27.54 {1 4 4 . ~ 241.11 i 212 STAIEOIEIL 60 306 DEMOLITION STRIP WALLPAPER 30.00 h. 212 STAIRWELL 61 313 DRYIGLL PATCH 12.50 212 STAIRWELL 60 317 TEXTIMIE CEILING 13.20 # G " 212 STAMFLL 50 311 TEXTURE WALLS 13.21 212 STAIRWELL 60 311 PAINT CEILiNO 212 STAIRWELL 60 311 PAINT WALLS f, s f1} . i FF Owl 1 5/00/90 PROJECT WORX INVENTORY Page 5 - - - - AM DESCRIPTION AREA E000E ELEMENT WORK COST - - 212 STAIRWELL 60 311 STAIM/VARMISH STAIRBAILS 35.00 212 STAIRWELL 60 311 STAIN/VARNISH TRIM 212 STAIRWELL 60 311 STAINIVANISH WAINSCOT I „ 212 STAIRWELL 60 323 FLOM CARPET 3' STEPS 1W .40 212 STAIRWELL 60 324 ELECTRICAL FIXT: (3) LIGHT 212 STAIRWELL 60 324 ELECTRICAL SMOKE ALARM ! 212 STAIRWELL 60 327 SPECIALTIES INSTALL HAMORAILS 11.00 252.30 213 UPPER HALLS 300 301 WINDOWS STORM WINDOWS (2) 24X60' 55.00 213 UPPER HALLS 300 310 PAINT CEILING 213 UPPERKALLS 300 311 PAINT DOORS 213 UPPER HALLS 301 311 PANT TRIM 213 UPPER HALLS 300 $11 PAINT WAINSCOT 213 UPPER HALLS 300 323 FLOORS CLEAR CARPET 213 UPPER HALLS 300 324 ELECTRICAL FIXT: (3) LIGHT 213 UPPER HALLS 300 324 ELECTRICAL SMOKE ALARM 213 UPPER HALLS 300 327 SPECIALTIES REPLACE DOOR HANDLES (1) 213 UPPER HALLS 300 333 MISC REPAIR AIR GRILL _ ,..i ` I 213 UPPER HALLS 300 333 MISC REPAIR WAINSCOT CORNER 5.00 } _ ~ • • 10.00 j 214 N. BATH 51 306 DEMOLITION RJIOYE HEATER UNIT 41125 f 214 0, BATH D1 306 DMITIOM RMVE EXIST TAPLE/VANITY 27.50 214 M. BATH 51 306 OEMOl1TION STRIP WALLPAPER 13.75 `f 214 W. BATH 51 301 WINDOWS STORM WINDOW 21.50 214 M. OATH Si 313 DRYWALL PATCH 12,51 ' 214 M. BATH 51 313 DRYWALL REPAIR HEATER WALL 27.50 214 M.JATH 11 $11 TEXTURE CEILING 11.22 ` 14~ 214 W. BATH 61 317 TEXTURE WALLS 11.12. • ;~i• r , 214 M. BATH 51 311 PAINT CABINETS it -4 ff tt s 214 W. BATH 51 3111 PAINT CEILING . %t ;i ~>ti t 211'- X. OATH 51 311 PAINT DOOR y~. ` ry 214 W. BATH 51 311 PAINT SHELVES x, 9 + e !14 N. BATH 51 311 PAINT TRIM Fi p ' ' ! 214 N. BATH 51 311 PAINT MALLS ,15 214 N.-BATH 51 319 PANELING MUS014ITE LOWER WALL S l~ 214 M. BATH 51 323 FLOORS VINYL 70.19 214 M. BATH 51 324 ELECTRICAL O F I OUTLET i' 214 N. OATH 51 324 ELECTRICAL HEAT/YEMTAIGH1 f,' { 214 9. BATH 51 325 PLUMBING 3PC FIBERGLASS SHOWER 214 M. BATH 51 325 PLUMBING LAVATORY FAUCEj 214 CIATH 51 321 PLUMBING MEN COMIgDE z ' 214 N..BATH 51 325 PLUMBING P-TRAP 1 LAVATORY 214 N..BATH $I 325 PLUMBING SHOWER FAUCET fi 211 M,~BATH 51 725 PIUIEO!M8 TUO FAUCET, ' 214 0. BATH S1 321 SPECIALTIES INSTALL 94' SHELF 66.50 1 y 214 N..OATH 51 333 MISC RECAUI.K VANITY 5.00 ii. i r 7 i S/O9/99 PROJECT WORK INVENTORY Page AM DESCRIPTION AREA ECODE ELEMENT WORK COST 336.03 21S SPLIT BATH 47 301 DEMOLITION STRIP WALLPAPER 13.75 215 SPLIT BATH 11 301 WINDOWS STORM WINDOW 20' X 3'9' 27.50 215 SPLIT OATH 47 313 DRYWALL PATCH 12.50 215 SPLIT BATH 47 317 TEXTURE CEILING 11.34 s ` 215 SPLIT BATH 47 311 PAINT CABINETS 215 SPLIT BATH 47 311 PAINT DOOR 211 SPLIT BATH 47 311 PAINT TRIM 215 SPLITBATH 47 311 PAINT WAINSCOT 215 SPLIT BATH 47 323 FLOORS Y&M 65.33 215 SPLIT BATH 47 324 ELECTRICAL 6 F i OUTLET 215 SPLIT BATH 47 324 ELECTRICAL HEAT/V~lli/I16NT UNIT • IA } 215 SKIT BATH 13 325 PLUMBING 3PC FIBERGLASS TU8/9ONR . 5 215 SPLITBATH 47 325 PlIN81 f'.. W6 LAVATORY FAUCET 21S SPLIT-BATH 47 325 PLUMBING SHOWER FAUCET 215 SPILT BATH 47 32S PLUMBIMA TUB fAUCET `I 21S SPLIT BATH 47 325 PLUMBING VENT STACKS 1 VANITY j 24 Skit BATH 47 333 MISC RE-MT VANITY TOP 5.00 i 215 SPLIT BATH 47 333 N1SC REPAIR LEAX 1 CEILING 13.75 t' r 14811 216 DORM BATH 13 306 DEMOLITION STRIP WAILPAPER 13.75 t 2t6 CCM N 8ATW 13 "t WINOOWS WRX WINDOW 28' X 3'9' 27.50 216 COMMODE BATH 13 313 DRYWALL PATCH, 12.501, 216 COMM BATH 13 317 TEXTURE CEILING 3.00 r 216 COMM BATH 13 '11t PAINT CE1I1N6 i 216 COMMODE BATH 13 311 PAINT DOOR i 1 216 COMMODE OATH 13 311 PAINT TRIM _ ` 210 DORM BATH 13 311 PAINT MALLS c 216 COM10Df_BATH 13 323 FLOORS VINYL SLIP RESIST 11.07 216 COMMODE OATH 13 324 ELECTRICAL FIXT: WALL 211 DOWN BATH 13 325 PLLOBING MEW COMM f 217 STORAGE CLOSET 11 311 PAINT CEIl1N8 I 217 STORAGE CLOUT 11 its PAINT p00A 217 STORAGE CLOSET 11 316 PAINT TRIM 217 STORAGE -CLOSET 11 319 PAINT WALLS 0.00 "f 211 MASTER BORN 11 324 306 DEMOLITION REMOVE EXIST CABINETS 27.50 211 MASTER-BORN 01 324 306 DEMOLITION REMOVE WINDOW 27.50 211 MASTER ODRM 11 321 301 OEMNIIITION STRIP WALLPAPER 11.01 ; 211 MASTER BDRM 11 324 301 W]MDOWS THERNOPAME (2) 3' X S03' 165.00 211 MASTER 800 .11 324 309 DOORS BI-FOLD $5.00 i 211 MASTER-BDRM+11 324 313 DRYWALL CLOSET 21' X 7' 110.00 211 MASTER BON 81 324 313 DRYWALL FILL IN WINDOW 41.25 } 211 MASTER BDRM 11 321 313 DRYWALL PATCH 12.50 L, - t ~ r • i y :1iWdfrtl~IRM(iA~.YS~i{y1.yM+-~r'•~.•F.LL.GYM:.M.fMN.f.~t'.nYaW.tiA1.1i1aI,M.iWJ',i+M•.~Yti{~it~i':V.11....lW'J~W.w~.frw.~.~wr r.r...~~....- f.. i 08 9i PROJECT MORK INVENTORY Pop I AM DESCRIPTION AREA ECODE ELEMENT WORK COST 218 MASTER SDRN 11 324 317 TEXTURE CEILING 71.21 211 MASTER BDRM 11 324 317 TEXTURE MALLS 71.24 , 211 MASTER BOAl1_i1 324 311 PAINT CEILING 218 OSTER~BDRM 41 321 311 PAINT DOOR E 211 MASTER BDRM 11 324 314 PAINT TRIM 218 MASTER BORM It 324 311 PAINT HALLS 211 MASTER BORM 11 324 323 FLOORS CLEAN CARPET 211 MASTER-BORN 11 324 323 FLOORS PATCH CARPET t 218 MASTER-800_11 324 323 FLOORS STRETCH CARPEL 211 MASTERBDRM 11 324 324 ELECTRICAL FAA; CEIL M/ LIGHT KEY ,r 211 MASTER t( I1 324 324 ELECTRICAL FDM (2) LIGHT 218 MASTER BORM It 324 333 MISC. EXPENSE ADJUST CLOSET DOORS 10,00 211 MASTER -M-11 324 333 NISC._EXPEIISE+11 REPAIR BEDROOM DON 12.50 ' 614.81 r 219 MASER CLOSETI 63 311 PAINT 'CEILING ti 219 MASTA CLOSET) 63 311 PAINT DOORS j 219 USTI CLOSETI 13 318 PAINT MALL 0.00 I 220 MASTR CLOSET2 14 311 PAINT CEILING 1 !20 MASTR CLOSET2 14 311 PAINT TRIM 220 MASTR CLOSET2 14 318 PAINT MAILS 221 MASTR CLOSET2 14 323 FLOORS CLEAN CARPET " 221 5pl_PACH/BOR%t2 100 306 Dt710L1T1dl RD" EXIST CAItNEts 21.50..] 221 SUN PRCH/low t10 309 DOORS BI-FOLD $5.00 kr , ~ 721 SUM PRC11/BDRlt82 104 313 DAIMALL CLOSET 1.75 X 5.25' 110,11 221 " SUN_PRCNADR1112 108 311 PAINT MIENS 221 SUM-DRCH/IDRM12 111 $11 PAINT DOOR" 221 SUM PRCH/71DRM12 1GO 316 PAINT TRIM 1 221 SUIT PRCA/8DRM12 100 311 PAINT MALLS I 221 SUM_M/BORM 2 100 323 FLOORS CLEAN CARPET .l'I 19l.SO i , 222 SP~CLOSET 9 318 PAINT CEILING 222 SP CLOSET 9 311 PAIMT DOOR 222 SP CLOSET f 311 PAINT TIEN i E 222 SP CLOSET I III PAINT MALLS 222 SP CLOSET 9 323 FLOORS CLEAN CARPET 223 S. BEDROOM 13 128 316 DEMOltT10M STRIP WALLPAPER 31.50 t f 223 S.~BEDROOM 13 121 300 WIN MS STORM NINDON 5' K 3'3' 41.29 4 223 S..BEDROOM 91 121 313 DRYMALL PATCH 12.50 223 S.)DAOOM 113 121 $17 TEXTURE CEILING 27.72 r x 2!3 9.BEOROOM 13 126 317 TEXTURE MALLS 27.72 ~ . ~ !23 " S.~BEDROOM_83 128 311 PAIMT CEILING t Y: . t 1 f, ~ V I . r f { 1 5/08/91 PROJECT WORK IMYENTOAT Fags - - COST 'k ACODE DESCRIPTION AREA EOODE ELEMENT WORX DOOR: 223 S. BEDROOM 113 126 316 PAINT 223 S. BEORDOII_83 126 311 PAINT TRIM j 223 S. BfDwV3 126 311 PAINT WALLS 124.21 1 223 S. SEDROCiK13 126 323 FLOORS NEW CARPET ` 223 S. BEDROO01__13 121 324 ELECTRICAL fAM: CELL N/ LIGHT NIT 10.01 h 223 S. BEPR0011_t3 126 333 MISC..EXDfMSE_11 AWUST CLOSET DOOR t 374.17 224 CLOSET BDR03 6 311 PAINT CEILING 224, CLOSETSDRMt3 6 316 PAINT TRIM 224 CLOSET BDR03 6 316 PAINT WALLS 10.61 224 CLOSET 00013 6 323 FLOORS" NEW CARPET 10.4 ~3 34.i5 225 E. 1EDW 14 147 306 DElgIITiON STRIP WALLPAPER 27.50 , 225 E. BEDROOM 84 147 301 WINDOWS STORM WINDOWS 12.50 225 E. BEDROOM-14 141 313 DRYWALL PATCH 32.34 1 r 225 E. BEDROOM--t4 147 all TEXTURE CEILING WALLS 32,34 r,4 225 E.SEOROOM.tt 141 317 TEXTURE 225 E. BEDROOM-84 141 311 PAINT GETTING 223 E. BEDAOOM.14 141 318 FAINT DOOR 225 E. SEDRO011 S4 147 31{ PAINT TRIM 225 E.BEDROOM t4 147 318 PAINT WALLS rt 225 E. 1EDROOM_14 147 323 FLOORS GLEAM CARPET ;E I -s 225 E. .80M.14 147 324 ELECTRICAL FAN: CEII WJ LIGHT KIT { is 4 141.43 u 226 CLOUT.BEDAM84 11 all PAINT CEILING DOM s; } c< Iw zi' it 319 PAINT 226 CLOSET {EDA14t1 TRIM ' 226' CLOSET BEDW4 11 318 PAINT t r, 226 CIOSET_BEDR1164 11 all PAINT CLEAW CARPET ROM 226 CLOSET BEDR14t4 11 323 r I 227 M.BEDROd4BS 117 306 DEMOLITION STORK WALLPAPER 3'3' 21.51 M. 8EOROOM {S 117 301 WINDOWS 56.0 227 M. BEDROOM 15 1!7 306 WINDOWS STORM (2) 24' X 61' 43.34 227 M. nom y 147 317 TEXTURE CEILING 43,34 ; 227 M. BEDR0pM85 147 ill TEXTURE WALLS 227 N. BE0R04M_tS 147 311 PAINT CEILING t 227 N. BEOROO1.15 147 318 PAINT DOOR :f 22T M. BEDROOM_15 1!7 311 PAINT TRIM 1 221 M..tEDR0014 1S 197 316 PAINT WALLS ; 1 227 M. BfDR00M_15 1!7 323 FLOORS CLEAN CARPET 221 M.BEDROOM.15 147 324 ELECTRICAL FAX: CUL w/ LIGHT KIT 211.43 11 311 PAINT CEILING , r 221 CLOSEi-BDRMtS , DCOR PAINT 221 Cl09Ei 8DRlg5 11 311 r J A. r ~ 1 H:1w :.i 12 .r f - r S/08%iu MECT MORII INVENTORY ' t Am DESCR1PTlu; AREA ECODE ELEMENT 110R1I COST. t 221 CLOSET BDRMtS 11 316 PAINT TRIM ; 226 CIOSET_BDRM65 11 311 PAINT W LS 226 CLOSET Bows 11 323 FLOORS CLEAN CARPET _ 1.00 i 229 ATTIC 321 ELECTRICAL BRING TO CODE 229 ATTIC 326 NVAC BRING HVAC 10 COOE 229 ATTIC 333 MISC. EXPEMSE_11 BUILD CATNALM 80.01 AD." 2J0 EXTERIOR/GARAGE 306 DEMOLITION REMOVE NALL HEATER GAGE 11.25 230 WERIOKISWSE 309 DOORS INSTALL STEEL 3' DOOR 81.15 I I 231 E%TERIORtWAU 312 MASONRY SAM CUT 8RICK MALI lS1.00 230 EXTERIOR/SARA6E 313 DRYWALL REPAIR NAIL I. HEATER 27.54 f 230 EXTERIORI6A U 328 ELECTRICAL EXTERIOR LIGHTS ! ENTRY 231 EKTERIOR/6ARASE 321 ELECTRICAL EXTERIOR LIGHTS 6 OFFICE 230 EXTERIOR GW4E 328 ELECTRICAL FLOOD LIGHT i ' 234 " EXTERiOR/SARA6E 321 ELECTRICAL HYAC DISCONNECT i' 230 EXTERIWGAR,16E 326 HVAC CLEAR DUCT YORK 230 EXTERIOR/GAW 327 SPECIALTIES SLOSE FOR PORCH LIGHT 11.00 t 230 EXTERIOR/GARASE 321 SPECIALTIES INTERCOM SYSTEM 11.32 ` 230 EXTERIOR/S" 327 SPECIALTIES LEVER HANDLE FOR DOOR 16.10. r 231 EXTERIOR/SARASE 327 SPECIALTIES SECURITY SYSTEM 5,716.01 fff 230 EXIERIQA/6ARASE 333 MISC. MOM III INSTALL CREEP, HOLE 1 5, iS.04 230 EXTERIORJGARASE 313 MISC.'EXPEMSE_11 NOYC iiMCE 12.50 ± 6.211.12 { J r tti`L c r 1 V t 'd 1 1 . i 9 - I~ i` I hT, CONTRACTOR QUALIFICATION STATEMENT SUBMITTED TO: CITY OF DENTON 901-8 TEXAS STREET ' DENTON, TX. 76201 r 1 - ATTN: TOM SHAW I SUBMITTED BY: DANA CONSTRUCTION P.O. Box 1594 y, Richardson, Tx. 75080 Owner: Den Wadley (Individual) j, Area 214 422-0359 .r The inception of Dana Construction was in August, 1982 1 e and has concerned itself with the Commercial construction f business since that time. The company has never operated =j under any other name. Dana Construction operates altogether j in the metroplex area. ! The scope of endeavor: ;1J1 i-J t 1. Commercial Finish-Out Office/Retail (25,000 sf max) I,1 2. Property remodel, maintenance, and repair. 3. Planning, Drawings service. 4. Computerized estimating and accurate cost analysis ` j , r tea: I typically incorporate the AIA Owner/Contractor r i contract in governing the construction activity, but I am open to corporate contracts. I do require contractual i agreement between all parties involved in the respective r I, projects, Dana Construction will maintain client requirements for liability insurance. All sub-contractors furnish current Liability and Workers Compensation certificates of insurance at the time of bidding to Insure current status of protection. These certificates of insurance will also be submitted to the } owners/representatives at the time of bidding. A CONTRACTOR QUALIFICATION RESUME PAGE 1 i r. Tay ~ ' % i r { ~r , Client References: Horn-Barlow Co. Jay Barlow 369-8695 Banknet Mortgage Jack Hestand 851-2908 Jerry Foster & Co. Jerry Foster 824-8461 s Trade References: Dallas Plumbing Wiley W. Rouse 214-741-7611 Darden Electric James Darden 214-271-5543 Cornell Interiors Randall Cornell 214-285-7970 { Patrick Bros Paint Larry Patrick 214-823-1290 Dated at z. this of 90 Contractor: DANA CONSTRUCTION P.O. Box 1694 Richardson, Tx. 75080 By: Dan A. Wadley Title: Owner * Mr,' Dan A. Wadley being duly sworn deposes and says that he is the owner of Dana Construction (Contra ors), and.that r all statements therein contained are tr}t Ind rract. fL., f 3 rs r-r c a / Dan A. Wadley i ! j ~.J, W.., s s Dana Constructio a ' < •.Subscribed and sworn before me this 9Wt day at isle. Notary Public:' ,1~'~''-' ~6~rYv'~_~ 'a f ~~9 } i ~ My Commission Expires: CONTRACTOR QUALIFICATION RESUME PAGE 2 t J~ e' i• 1; ' E~~CAN INS'' ~ SHE PM . ~ t r 8etweer PAeenter tray°v ° A, Coot ~orM d Go 1 aard er an, the f~ 5 tar QV1II1 baOso{o `PLUS A whe`~ SHE ~N0~ ON `S~M~ E~Uz ~ ~a,~trw. ~ . f y ( Q VD EtK45. tS y OF ~UKI i f C~5 X918 C tO I"P oI the opts too Ot i Y 1 10 ENt to ~ t) t►+ ~ c~"`~~ OCO u~"~ c teen yi o All 0j ti916 EdNO wP "td b~ Yea' f u+ the bar y,~iJ+ OMW t1 bay t use ' ~ ENS - • E ` `.4 i . . . . . • . . . . . . . . • . . . . • . . . . . . . . . . . . . . . . . . . . . . . ect t DANA CONSTRUCTION Achiavea fruition with regard to a given pro. with strict Contracts, computerized bidding, and, 1 and to al] aspects o! r detailed records with regard i job cost accounting. AIA Contracts Contract aid dlesents w/costs , (3) Job Draw aaount accounting 1 i _ pa r 5 .tie y 1 r i~~ .'I w.:wa.ovtrrrr,.u+saa.r~r,Y•►'...""""'.......~.~+1~..~+-": 1i.: i 1 1 • ~f 1' I DANA CONSTRUCTION 12/17/89 ~r'~ SAMPLE CLIENT CONTRACT SID AMOUNTS SQ.FEET: 8,117 aaaaasassaasaaaaaa~saaaaaaaaaasasass:aasassaasiasssaa==~==4:aossasssncaa III t CODE DESCRIPTION CST/SF COST % .'L 300 PLANNING FEE 0.10 795 1.3% 301 BUILDING PERMITS 0.03 252 0.4% 302 303 ) 304 308 ; I 306 DEMOLITION 0.55 4,479 7.6% ' 307 INSULATION 308 WINDOWS r:Ae 309 DOORS 0.60 4,028 6.8% ti 3i0 ROOFING i, 311 CONCRETE WORK 312 MASONRY ;<4 313 DRYWALL 0.99 8,010 13.4% i 314 ACOUSTICAL CEILING s 318 SUSPENDED CEILING 0.83 6,703 11.2% ry! 2 316 TAPE, BED 0.39 3,183 5.3% ' 317 TEXTURE 0.24 11908 3.2% 318 PAINTING 0.43 3,607 5.9X 319 PANELING I 320 ?RIM 0.21 1,695 2.8%' ` 321 TILE WORK ; 322,FLOORS 1,30 10,826 27.6X ~ frt `323 ELECTRICAL 0.94 7o632 12.8% Y '~x 324 PLUMBING j f a 326 RVAC 0.30 2,438 4.1% ? ` $ 326 SPECIALTIES ' 327 LANDSCAPING ` 328 FENCING 329 CLEAN-UP 0.11 860 1.4% 330 EQUIPMENT RENTAL ' 331 MATERIALS ~i 332 MISC. EXPENSE *1 0.11 889 1.5% 333 MISC. EXPENSE *2 334 CONTRACT LABOR 1 338 CONTINGENCY ALLOW. 0.34 2,760 4.6% I ` -------TOTAL CONTRACT---------6----------------- i j CONTRACT LESS CONTINGENCY: 956,906 $ COST PER SQUARE FOOT 7.35 - _ - 4, 4 f , a ♦ ~L ~ i4 {~lW^^•"'.~_.r.......~.w....r.-.,....wsw..-_.r«...r..~rvti........n+.nwvyy.,e.rr~+...+..w~r...r...-..~--~....«,-.. ~.i 1 CONS1RUCfION PAYSHEET i DAAW ACCOIANTIN6 SAMPIE CLIENT f00AY: 12101/!4 89013 START 11/01/11 AGE: 30 DAYS i z' . JOBB: srscaa:::zur_a:esauassnscssaaa:zau:::a::r_ncesrnaas:r:asr:zaazzau:aausza:nua:? nuzz::ucaarasasza 4aann i 1 .y _ JOB 1 3 1 10 OA1E BALANCE MtETEO COOS !1/II/19 11/21/89 12/01/19 12/11/1! 1 004E "t mug CONTRACT - 300 PLAMNIN6 FEE 195 795 1001 300 195 t 1001 301 252 311 BUILDING PERMITS 252 292 302 ' 382 303 303 314 r 304 305 305 1001 306 4,411 306 DETIOLITION 4,418 4,471 301 ! 301 INSUUTION 111 308 N1IN004 1001 309 4,121 4 1 i^ 309 DOORS 1,121 4,021 311 t, y 311 ROOFING 311 r 311 CONCRETE WORX 312 ut 1 312 WSW 1001 331 13 1,601 6,412 f 1,010 1,Ii0 L r 313 DRYWALL 314 ACOUSTICAL CEII[N& 1011 315 6,103 3i5 SUSPENOEO CEILING 9,103 6,713 if 3.183 3,113 1001 314 3,113 y 316 TAPE, BEO 1001 31T 1,916 i 1,461 1,901 3,S07 t 317 TEXTURE 1001 3fd " t 311 PAINTING 3,501 3,501 319 314 PANELING l001 320 1 ;l 320 TRIM 1,646 1.696 321,311E WORN 321 10,526 1001 322 16,926 10,526 2,632 i 321 fLOORS 7,E32 T,632 1011 323 ; u5 323 ELECTRICAL 4 i r . 32 a f 324 PLUMBIN& 4,431 2,436 2,431 1061 325 s • , ~25~MV>tC ` 329 SPECIALTIES 327 327 LANDSCAPING 32s , 321 FENCING 160 r' 160 191 1001 329 y? 1 CLEAII-UP 330 E0I"1ENT RENTAL 331 331 MATERIALS 1011 332 119 } 'r .'F 372 M15C. EMU 81 All 619 333 1 a x`i 333 NISC. EXPENSE 82 331 ! 1 334 CONTRACT LABOR 335 2,160 335 CONTINGENCY ALLOM. 2,160 11,196 32,221 1 . TOTALS: 94,565 $6,905 2,160 15 i t f MS DRAW: 132,221.00 - t w t L'l 11 i. i i BID# 1101 S i k f PROPOSAL TO " THE CITY OF DENTCN, TEXAS k FRIENDS OF THE FAMILY REHABILITATION f IN I` DENTON, TEXAS. The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the j form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and y'.4 will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein anc 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 price's" and material to be furnished may be increased or diminishod as (nay ~ i 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 process set forth below except as provided for in` the spec i f i cati ons It is further agreed that lump sum prices may be increased to t:ver , additional work ordered by the City, but not shown an the plan' oe required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased,tocover deletion of work so ordered. It is understood and agreed that the work is to be completad in full within the number of work days shown on the bid ttbulation sheet. i 1 ;3 it f ' P i • .r i,~lv►.~laa3kt.~" 1 BID# 1101 f I ! Accompanying this proposal is a certified or cashier's cneck or , aid 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 1 file the necessary insurance certificates within fifteen days after its acceptance, in which case the case the bid security shall i r become the property of the owner on account of sUch - failure of. the ! { bidder. Owner reserves the right to reject any and all bid. 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 F1 I-A j bid, Owner may automatically disqualify bidder. 4i The undersigned hereby purposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sums or prices. ~E r ~3 Z1Q'PICSs ' 1 AREA TO BE INSPSCTBD BY APPOINTMENT ONLY. PLEASE CALL KAREN A ! COMM AT (817) 387-5284 OR SUSAN VARDELL AT ('817) 387-5131 TO SET UP APPOINTliEti't. 3t1• K 17 I r rA " a a ~h i, Fr. I 0,0 . , I~. 1~\ r II1\Ir[l BID# 1101 610 TABULATION SHEET FRIENDS OF THE FAMILY REHABILITATION i Please provide a price for each of the following items and a r, total for each room. ~S NORK ITEM i Entry Stain to existing color -walls stair rail, french doors, bed- roan door, base trim i door frame 3 Varnish all w/pol yurethane (satin finish) Install new vinyl- k t, 'f In entry closet cover breakers w/metal, remove light bulbs add florescent light- TOTAL ENTRY ; Living Roan Patch 6 paint walls - ceiling paint base trim, door a window _ Stain to existing color - Y fireplace mantle, varnish w/poly- 1 44 urethane (satin finish) ~Sr y= Install screen for fireplace (40" ti w x 31 1/2" 1), check flue's J repair mortar t =r I H, Steam clean carpet -Patch missing carpet Adjust all french doors TOTAL LIVING ROCIM4 ~Y J ti 1 r ! , i 1 [ R ~J: I :ti 1. y.{ s 3,Y i '44 P-3 (y~~i 4r i i ~II r I REHABILITATION BIDO 1101 PAGE 2 Kids Playroom & New Office Build a wail w/door b jamb 1115" a from east wall. Sheetrock, tape, ` bed, texture, s :'love lavatory into playroom, place f new door nearest to cabinet end ; Carpet new office Install new exterior metal door w/ dead bolt a viewer s Install switch for exterior lights at door s . Patch 3 paint walls, ceiIings'e doors, windows 3 trim j h` TOTAL KIDS PLAYROOM a N9W ppFICE" Dining Room Patch 4 woodfill walls; repair , + -y 4 x Paint - walls, ceilings, beams, bass trim, doors a windows s.. ► ,Y Enclose door to kitchen & replace , t a =R': r k{~ paneling to match 0 8 z cs r r; sj, Install new 3 x 8 Fp (per lan door. 3 jamb r= p ) w/lever hairdwars a g kick plate t 3 New slip resistant vinyl e> s r o , y~" Install underl ayment i adjust A,,french doors i+. I TOTAL-O&NINT ROOM, J: r F_4 k A Poe- owl lot, f ' f rnr REHABILITATION PAGE 3 BIDiI 1101 • i Butler Pantry Remove existing cabinets s Remove existing north wall (per plan) V T 8 8 Storage Add 2 x 6 per r plinto an) I Pantry (as S 1 Patch sand Paint walls, ceilings, window, door and base trim New,window to replace' existing 3 a; r Install new slip resistant t! vinyl _ r Install new light fixture a 1 (as per plan hn TOTAL _P n~ }TLFANTRY Y • ~ ~ r ti , yi Storage Pantry "t. k Rem" existing shelvea:A add ~•F` s i new shelves (as per plan). 8 +t. { Fill in.crawl space door • Enclose South Wast winded M Wit" x a e' +f P t' ~y 4 Reinforce cross bracing under bearing wall. 5 I er, Install new slip resistant~,vinyl ' } (has plywood subfloo ".1 j r) s E 4 4 f Install new tight fixture r (as per plan) S ; i S il r f i. i ~SNi~Ofr MG.44a A 1 ~ •i r " ry REHABILITATION BID# 1101 PAGE s Z Remove styrofoam, ceiling tile, a shestrock, tape, bed, texture r paint g TOTAL STORAGE PANTRY: s Kitchen Enclose pantry door r window (per plan) 3 relocate utility room door (as per ` plan) 2 x 8 Replace existing bi-fold "doors w/ new doors to seal for water heater and furnace 4 x '8 `t; Replace existing window,w/thereto pane to match s{ Remove butcher block panels from i North wall t Relocate existing floor register c (as per plan) ! . 4 Bring furnace A/C to coda', g pace r A/C to (code' Install new 50 gal. Water heater to code a.Aaint walls Strip,wallpa , patdh, lt. texture F y oiling, window t door i base trim ; F P Install additional 'but1ets,8 ~GFI's`s ' ss (as per 'plan) n l Install slip resistant vinyl i77 r A underlayment s r j P-6 ~lp~yayr~awrw..xw.wracs.w......_....._..,__.__.... F«;. REHABILITATION r t PAGE 5 BID# 1101 j j „I _ Install new caoinez w/furr downs i a new stainless steel sink S" deep bowls single handle, washer less faucet w/sprayer (per plan) S• *New Appliances; Thermador TMH 46 Electric Cook top, to be vented to exterior 48" hood whirlpool R48348XLS , w/ventilator s Kitchenaid 3/4 HP Disposal KCDI 2608 g Af Kitchenaid 8/in dishwasher ! superba model SKUDS226T S ti j Installed to code: whirlpool Ice Maker EC5100X,T M 271' Whirlpool ovens (stacked) t z. #RB 760 PXT *All appliances to be installed to code i, , f TOTAL KIT(s•! u• utility Strip wallpaper, patch, liO texture . paint wells, ceiling , Wainscot, doors, doors 8 window S A base trim r k, Storm window t s 4l ~ o existing f r ar a Enclose west window per plan) s Add"wall-cabinet (par plan) .,a JI Install new Slip resistant ' t ~ A anti vinyl " ` Install metal dryer vent- install washer box to code s • 1 r ~ ,r P-1 . -~Y." ''.l u'1 „~.,~"\'Y.i..-.wJN~.✓`.AiJI`aYi.4'.t'4i.~a+'hYY.rAr Y\•+..........-.. I r FRIENDS OF THE FAMILY BID# 1101 REHABILITATION j PAGE 6 I Install electric smoke alarm in series with others $ E TOTAL UTILITY: t ,^I Handicapped Bath Masonits installed where existing tileboard is paint s Install new faucets on lavatory a handicapped faucet for shower with spray hose Install medicine cabinet Instal i . handicapped shower, 18"~ commode a 20x18 kilgore sink l basin 3 Rwwve heat unit f rom West 'wal ] / ' repair wall i# Install GFI Outlet 3 Add 1 1/4" drab Bars Around Commode r Install 3 x 6 door w/lever, hardware and kick plate fit, ~ ' , t . • i - . Install on t - v lower-half i paint a'3 , Y 1~ rte ~t Wallpaper upper half o paint, "csi Ili 6§8 doors, windows, base trim a existing' t r cabinets. r~ "i (Donated wallpaper to be usedniba`th) I ti~ c 1 r Alteration to cabinets (as per x r p Ian) , a , 2{ i P_8 1 S ll. _ A. 7 N FRIENDS OF THE FAMILY BID# 1101 REHABILITATION PAGE 7 Install storm window to existing 28 x 44 S Install new slip resistant vinyl $ Add 3ex30 Wall Cabinet Above Commode (as per plan) S Install new wall light fixture (as per plan) t _ Install GFI outlet s TOTAL HANDICAPPED: s ,k r Bath (3) Paper Holders 3 Accessories (2) 24" towel bars s s; (1) 18" towel bars S j (1) towel ring s ? TOTAL BATH ACCESSORIES: S~ ea fice Rmove existing floor furnace ;j l , 3 i repo r.floor s Patch hole in north wall s # i Strip wallpaper, oatch, light;. y ;Y s texturs, paint walls 8.ceilings ' > install` donated wAlipape'r on Y~{ } .(2) walla s t, Paint doors, door & window frame' i'baae`trim Install storm windows 40 1/2' a ' ~;xf< 1 S' x 80" 1 t ~r k , 1 T fir. r _ l ; 1 F 1 1 ~ I~ ~ L 1. • 1 P-4 ,..~{Wi,,V~oM„u.,ul,,.,er,rrla,~i1,,,.......... _.,._..r,_.....,_..'.. w. C 'f' 1 1 40 FRIENDS OF THE FAMILY REHABILITATION SID# 1101 I PAGE 8 3 Install new viny' I TOTAL BED QFFICE: 3 Stairwell Repair loose stair railing Install handrails for botn sides Y`.f as needed. 3 Stain wainscot & stair rails, { window.& trim to sxisting color s Varnish w/polyurethane (satin a finish) g Strip wallpaper 3 Patch, texture, paint ceiling si & walls 3 Install Light Fixture s Carpet runner 3' wide on 'stairs S: j In in series tall smoke alarm { tth others S with s i u ' TOTAL STAIRWELL: UPPER HALLS Repair corner piece on wainscot ~ PT Paint wainscot, doors, window i r` 3 door 'frames, calling aw r All door handles need to be ° stripped or replaced 3 Add storm windows (north end) . to existing two 24 60 s- a. i r S Steam clean carpet 3 restreLch :'s Replace light fixtures (i coiling/2 wall) s. ` a A L f Y-10 r.r~wrw.wrrwr':a►iNl7vJ,+r.~....• .~.r ,.ww-.:..,... -...~..,........wrrt ..:'.no-naul::: •.wu:sa:..+'.Ana.wruw-.rv+.~-,..«~•..r...._ 7 1 1 1 , FRIENDS OF THE FAMILY BID# 1101 REHABILITATION PAGE 9 Install electric smoke detectors to be wired in series # Repair return air grills 3~ Repair & paint attic door S 3'3 JOTA UPPER HALLS: S i ` North Bath Remove existing table vanity c (per plan) TOTAL 81-6"X8=38=4 yd. _ Remove existing heat unit from wall/repair wall 3 Zl'i c Install three piece fiberglass tub/shower units S " ti Strip wallpaper, patch, light texture, paint ceiling 3 walls cabinets, shelves, doors and { Windows s f Install masoniLs paneling on lower:walls t paint iE $ I r ' Add open shelf 84" (per plan) 8 r Install storm window to existing „ {28'1/4x 31a`} ' r # d heater/ventilator/light unit Install new lavatory 6 tub: s w ` shower faucets, new p-trap on t, ,t lavatory Recaulk vanity Install new vinyl i { r t P-11 ~,L,EN,,i.~y......rns.w~,{ife w,...... __._._..v,.a...,..v.. _......,..~.........,.,,....-...r_..a._«._-..+_._...... . r. f l t ; FRIENDS OF THE FAMILY BID# 1101 } REHABILITATICN PAGE 10 i Install new commode s ' Install GFI outlet f, TOTAL NORTH RATH• r' i- ' Split Bath , Commode Strip wallpaper on ceilings 1.' J 3 walla Patch, light texture 3 paint, wainscot, door 3 window trim S Replace commode s { Install new wall light fixture s itl ' Install new slip resistant vinyl s Add storm window to existing' TOTAL SPLIT BATH OMmonc t y J SPLIT BATH Add new light/heat/ventilators # TUB unit Strip wallpaper on ceilings a walls $ ~~z Patch, light texture, :paint± cabinets, door'8'window, ' wai ngdot Add storm window to existing , { It (2a";31-0m) f~ ± 3 fE ~ . . s ~ < t`'"~• rouL vans y. Reg rout top a ! . Install vent stacks for drain on vanity v P-12 _ ~ yQiWfAP1 iL►.41/~q, rarY.J!,2 . _........~.a. . .••.•.v. r ♦ ~ 1 L ~ 'rte. - ti FRIENCS.OF THE FAMILY BID# 1101 ' REHABILITATION PAGE 11 f E install 3 piece fiberglass tub/shower S 1 Repair leak above kitchen ceiling 3 Install new vinyl S ?i .A Install new faucets in lavatory, tub 6 shower. S Install GFI s~ { TOTAL SPLIT BATH TUB: S k~ Master Bedroom •1 Strip wallpaper Patch, light texture, paint ` r walls/ceiling), doors, windows 8 closets Remove window b cabinet on Y east wall, replace w/closet 7 w/bifold doors `i Replace windows w/aluminum%' thermopanes to match two Install (2) new light fixtures < a one, coiling fan' w/1 ighb kit 4 Steam .clean, stretch a patch: y carpet (new closet included) , j Adjust closet doors a- repair bedroom door s TOTAL MASTe$ BEDROOH !1: _ , 1 . 141 I , - - t l~ t' P-13 t FRIENDS OF THE FAMILY BID# 1101 REHABILITATION { PAGE 12 i Sun Porch/ Sedroom #2 Remove existing built in cabinet i build closet to replace i Paint walls, closet 8 doors, door 3 window frames s Replace glass panes in door r (2) s Steam clean 8 stretch carpet s 1 TOTAL SUN/PORCH BEDROOM 02 "I South Bedroom 03 Strip wallpaper ka Patch, light texture, paint' : walls, ceilings, door `'Window yl trim s ;i - Storm window for existing v (3 3„x5') s ~ Adjust 'closet door s t{ Install new ceiling fan i. w/light kit s Install new carpet (including t' closet) s TOTAL SOUTH BEDROOM 03: East Bedroom •4 Strip wallpaper S ; Patch, light texture, paint (ceiling/walls) doom, windows k and trim s Add storm windows to existing s r P-14 v 0,41 FF FRIENDS OF THE FAMILY BID# 1101 REHABILITATION frr.e~.s. PAGE 13 Install new Ceiling fan w/light kit 9 Steam clean carpet (including closet) s x; JOTAL EAST BEDROOM !4: North Bedroom 05 Strip wallpaper, patch, light texture, paint walls/Ceiling, doors, windows 8 trim s - f` Add (3) storm windows to existing , ((2) 24"x80", (1) 3'3°x5'-0") S : Install new ceiling fan w/light kit Clean carpet s • r 't TOTAL NORTH-BEDROOM 05* S w~} Attic Bring upper furnace a A/C to code, install catwalk 8 light ;y for access S ~ s Check 8 correct all unsafe j. ' wiring, including switch A outlet covers S 4y'. TOTAL ATTIC• f . a =r Exterior Replace globe on porch light S- install creep hole } on south side install disconnect on A/C yy -c 01- ~1 (1 units ~,k[ { Remove wall heater in t4; garage a repair any holes in { 4 wal 1 Sf 11 5 P-15 , r. BID# 1101 4 FRIENDS OF THE FAMILY F.aa. REHABILITATION ' PAGE 14 f ' i, Move end section of fence back & install V-Ox8'-8" metal door on west side of garage S Extend concrete to,door 1 accessible for handicap. Install lever handle on walk-i garage door s flood light. - Install security system 3 intercom at walk-in garage ,i rt r , s door . t i Install switches for exterior ; lights in office .i ::`i i; Cleaning of furnaces' duct work ,j t> exterior wired ,t to is Have li9h to be controlled to interior of house (entry way) _ +f Recommend: universal Security Alarms i.r Closed circuit Ty Surveillance System t s} ° S Burle (RCA) fixed chip weather'proof camera' 1 Burle (RCA) chip camera for scanning r to scan r, ' i Moto f r as ri g ,r * Camara mounts an westherproo,h oust n C !j y ' Auto Iris Lenses' s HR , 2 2 Transtora~ers (R t le (RCA) 9" Monitors le ~ 1✓ 2 Appr ate coax, cable 8 connectors opri' Other 'necessary equipment ,L installation , a, 1 i 1 1 rT , a. it T 1,.. V. 1 V ti 21w 1' 4 '~~l tiVn ' r I Y , 7 p-16 i t r. y 1., i 9 ' FRIENDS OF THE FAMILY BID# 1101 REHABILITATION PAGE 16 I Intercom - Nutone 1 Master station 2 Remote units Appropriate connections i 3 Move intercom into the office s' tho riz Nutone dealer If Nutone is purchased from an Au - QS I lifetime warranty on parts 6 service. 2 poor strikers (Remote buzzer system for ooening locked doors) i # TOTA SECL►RI - SYSTEML Folger AdMG Bron heavy duty. j 7 ! Universal securit4 Alarms. David Sayers Lic. sB - 2918 1521 Central Park Drive Hurst, Texas 76053 Metro (817) 589-1200 'a Another possible Co. Surveillance, inc. -Stephen Hull ~I Northwest Hwy. 1 1701 W. t' Grapevine, Tx. 76051 (817) 481-4864 Notes I ~z work`Environment Systems has dons A/C and'neating rlork ~~G{ ;C,1~.'•, ~(f t iii - - l.{ Authorized Nutone Dealers have lifetime warranty on darts ids % and service vinyl - Congoleum Marathon' C007 Boulevard LF 416(a) (3) type lip arada'A Carpet - Diamond Mills Oxford -t 26 oz., 1/8 gauge, 9.8 stitches per in., 187 pile, G f polypropylene backing, turf bind 200, textured l loop, 100% nylon, 5000 Denia/6 ply, FHA type Class 18 i .1'4 h'l .fir C } •4 ~r ",1 P-17 ~ t 4 h a s BIDS 1101 1 i.1 Y i y J y. I I r J BID SUMMARY y s TOTAL ENTRY S TOTAL LIVING ROOM S TOTAL KIDS PLAYROOM/NEW OFFICE S TOTAL DINING ROOM S } TOTAL BUTLER PANTRY S „ a I TOTAL STORAGE PANTRY S ' TOTAL KITCHEN 1 TOTAL UTILITY S TOTAL HANDICAPPED S f; TOTAL BATH ACCESSORIES S TOTAL BED OFFICE S TOTAL STAIRWELL S TOTAL UPPER HALLS S 1 a TOTAL NORTH BATH S 5.; 1 + TOTAL SPLIT BATH COMMODE TOTAL SPLIT BATH TUB S S TOTAL MASTER BEDROOM ##1 l s TOTAL SUN/PORCH BEDROOM #2 S TOTAL SOUTH BEDROOM #3 TOTAL EAST BEDROOM ##4 S ; I r TOTAL NORTH BEDROOM ##5 S , TOTAL ATTIC dp TOTAL SECURITY SYSTEM s, S r j TOTAL ALL PROJECTS NUMBER OP ' iIORK DAYS TO COMPLSTB . i 14 t 1 , P-1a f 1 1~.' I •1T' i t 1.T ' ' l]a~. 1 )l e k 1 f: 1 ' I Y F •lWwr.rw.rV~y4/r./..i...M~.~w.+»i.......ro....w..„,,aw..»..,is..:.wuw.....sM.w:w:Ww+TN.Ii'MNWii~l~lii.YiriiNM'lM✓^`» I i CITY COUNCIL= s t Mfr 'I t _ 1 rI , t s 1 ) I {S 1 ~ a ~ { i 'J sIa ~ y't /F t ~ Rat' p f L r'L ll I i f• ~ y'Yi ti i ft, A1 3 c At dd ~u " ~ z> tt ~ O G '.7 . ~ 0000 :y . O IVGCA~ a' I t. f~'i r vl~ III F 7 ~ if ~ IIi,Ry i~ - ~ ~ I ,1 14 ~awtrwww~rVMJ~uw.w~..~~~...-._.~.._......~............-..~... ..w..r. ~..~e......,_......,.._.,~.__.-...,..~......-......._.~.~_._._. ~ ~ 11. ~1 I~ INDEPENDENT CONTRACTOR'S AGREEMENT j oat"~ 1 ~ THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: k~ COUNTY OF DENTON S The CITY OF DENTON, TEXAS, a Municipal Home Rule City situated in ' Denton County, Texas, hereinafter called 'Cityacting herein by and through r its City Manager and S UIA), hereinafter called 'Contractor', hereby i - , mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to j perfom 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 s { Contractor for the services performed hereunder at a rate of ONE HUNDRED j FORTY-FIVE AND 00/100 (5145.00) per eight (8) hour class actually taught. j , j { 3. STUDENT FEE: Contractor agrees to collect a fee from each Individual attending the school. Said fee shall be set by the City and shall i i ~ be turned over to the City by Contractor within twenty-fear (24) hours of each class. 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and I agreed by and between City and Contractor that Contractor is ars independent a 1i •a 'r r* " { 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 e f - withholding, social security taxes, vacation or sick leave benefits, workers' 'r `f compensation benefits, or any other City employee benefit. The City shall not h have supervision and control of Contractor or any employee of Contractor, but i~ it is expressly understood that Contractor shall perform the services hereunder in accordance with the requirements of the Texas Safety Association, Department of Public Safety, and National Safety Council. S. QUALIFICATIONS: Contractor aWSt be licensed in accordance with V.C.S. 4413 (29c), 'The Commercial Driving School Act.' 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to + ? % r^ 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. ~ i i i j i INDEPENDENT GpNTRACTOR'$ AGREEMENT - JOAN DAVIS October 10, 1990 through September 309 1991 page 2 of 2. z 7. INSURAIICE: Contractor shall provide, at his own cost and 1,0 expense, workers c~ ompensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's i business. S. CANCELLATION: City or contractor reserves the right to cancel 4 l: . r this Agreement at any time by giving the other party thirty (30) days' written ? ;i notice of its intention to cancel this Agreement* 9. TERM OF CONTRACT: This Agreement shall commence on the 100 day 1991. ,a of October, 1990 and end on the 30th day of September, r r:- ~,1 I day i7 EXECUTED THIS of 3. ~T a ..I CITY OF DENTON TEXAS ~ { a } CITY MAMGER 1. t ATTEST: 4 ~f a t 11 1{ t t'~4tn((Jj,EE I ~ s ai,"~ a r - i r APPROVED AS TO LEGAL FORM: _ DEBRA A. ORAYOYITCH, CITY ATTORNEY: BY: CONTRACTOR: "S' Il t 1 1 rJ ^ 51"F 1 ~'I t,~r 1 1 + T,, v r i 1 e. ~i~•~A 1: Var.. R}.r..,, _ T ~ ~r 'I T, 7 r CITY j COUNCIL , Ff :.i i X 't' ~ FFi s.r }r a v w ~r , ~ 'r G f ,'eft . c D shi x `d r. Q .j t oO 4 t• 1 4'1 a f I'i\ ~ II y , 1 1~ 1V ~ l1 DY . r { a• 1 I M l'i'...i L P'..INH.I' r.'.'ar-.. n ,..n rrvi r.. I f h 2888Lr rr ' s Ti. r. 1 i THE STATE OF TEXAS§ PERFORMANCE MEASUREMENT CONSULTING SERVICES C07 $ TY OF COUNTY OF DENTON § DENTON AND> . The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Deloitte 6 Touche, inc., a cor- poration hereinafter called "Consultant", hereby mutually agree as follows: x SERVICES TOIBE PERFORMED A. Goals and Objectives: tr< 1. General: City desires to contract with Consultant to 3 provide performance measurement consulting services to e3 City of Denton Utilities ("CDU") in an effort to 'Maxi ? mite performance and competitiveness of CDU. The par ties intend ta9ae services to help achieve this end by first defining performance issues which need to be ad- dressed and then by developing a plan to implement a f performance measures structure for CDU. 5 ~i 2. Pro ect Plan: City and Consultant agree that the'` y 3 parties should follow the two-step project plan s1r6ady prepared by Consultant and attached as Exhibit A:y + B. Duties of Consultant: t. ' 1. Consultant takes responsibilit for' supervision of the k 4 h 4 4) K ? yi 4 1 project plea attached as Exhibit A and for providing z}el guidance to CDU in its participation therein: This responsibility will involve but not be limited to the following specific duties: a. Consultant agrees to provide 24 service. hours 'of ? consulting assistance in half-day (4 hour) in- 1,. t, A J crements.yy b. Consultant will meet with a top management team I) pit 4a and conduct Exhibit Aorming session as outlined in t item 1.1 of c. Consultant agrees to develop and prepare a written ` interview format of sufficient clarity and detai) y µ that a non-expert CDU employee could reasonably be Y., . 1 Tfhl1 1 1 II k I .41 1 r .y i. t rd~ y r ex ningful interviews and to to conduct mea j collectacted useful data in furtherance of the goal of F{ item 1.2 of Exhibit A. t t, n b the Executive Director of 1. If called uPo by will conduct utilities for city, Consultant i f some or all of these interviews6 YI d. Coneultantdaireitem 1.3 ofuExhibit Akpoint seating as outline e. Consultant will develop a written list of work steps as outlined in item 2.1 of Exhibit A- rase to present a draft implemen- f. Consultant agrees j tation plan to top managemet' eke additions conduct or i'. discussion, clarify issues, corrections to the plan, finalize responsibilities for work steps and identify conflicts as outlined r. in item 2.2 of Exhibit A. and deliver a final written g, Consultant will prepare ~lamentation of a perfor- <a plan for accomplishing ~P aance measures structure for CDtI as outlined in , 2.3 of Exhibit A. item 1J '4 s 1 C. Duties of City! "Directoror ' act as liaison iwith Consultant is ' 1. City's F''~ecutivrrillDirector his appointeethe project plan attached as Fachibit A. implementing 2. Director or his designate will take measures to ensure F ' r'<t that CDU engloyees cooperate with Consultant in iv- t plementiug the project plan. Director or his de signate will coordinate meeting for tires with consultant and will rake provisions in imple- r nesting roors and equipment as necessary pleas ' nesting the Project s Y ~ . ' r ra _ ~ r w~ , ~S ,1~ Y II. b~ 'P C wi OF AGAEEMM Monday January 22, Consultant shall commence rendering services on lished gg the Of meetings will bewill pco tinue utonba y 1990. Scheduling i 4 course of the services. 'Ph agreement been $at affect until all terns of tall gtaeks~,t se ee and except ffor. final f parties intend to complete payment by February 23, 1940. r PAGE 2 # ♦ k Pit t. , • y I ~ I f ' F1 rr I I 1 ! III . r ' COMPENSATION TO BE PAID CONTRACTOR City agrees to pay Consultant for the services performed hereunder I as follows: w 1A9, A. Amount of payment for services; c Consultant will charge the City based on actual profes- sional time spent and expenses incurred. In no event will the total project cost exceed $4,970 for Consultant's fees :t and expenses unless Consultant is requested to perform " tasks outside the scope presented in the proposal. If additional assistance is requested from the Consultant, another contract shall be executed by and between the City ;j and Consultant. Payment will be based upon the following rates : Labor 194.75/hr. Word Processing 220.00 total Mileage 76.00 total it B. Dates of Payment: < City will pay Consultant within thirty (30) days of com- pletion for herein and receipt of of services invoice from Consultant. IV. CONSULTANT'S SERVICES ' r;s .Ir, 1 Consultant shall render services necessary for the develo went of the Project as outlined herein. The Scope of Services which Con tr sultant agrees to perform is set forth in Pxhibit attached hereto and incorporated by reference herela. Consultant; shall exercise the same degree of care) skill and diligence in the ~r~.1k1,- ~r7. r L. • p. •14 performance of the Services as is ordinarily provided by a profes- sional performance measurement consultant under similar circum~s stances and Consultant shall, at no cost to Owner, re-perforce services which fail to satisfy the foregoing standard of perfor- t, mance, v. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed to by and between City and Consultant that Consultant 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 compen- 1 G 1 1 Y r i f" PAGE 3 ll ' .ILIA • r ~`tii, s IL I - V 441 1 t Y, sation, or any other City employee benefit. City shall not have supervision and control of Consultant or any employee of Consul taut, and it is expressly understood that Consultant shall perform the services hereunder according to the attached Consultant s pro- ! ' posal at the general direction of the City Manager of the City of Denton or his designee under this agreement. i VI. SOURCE OF FUNDS iAll payments to Consultant under this agreement are to be paid by the City from funds appropriated by the City Council for such pur- poses in the Budget of the City of Denton. VII. ii INSURANCE Consultant shall provide at its own cost and expense worker's compensation insurance, liability insurance, and all other in- surance necessary to protect Consultant in the operation of Consultants business. VIII.i INDEMNIFICATION r A. Consultant shall and does hereby agree to indemnify and yi ' hold harmless the City of Denton from any and all damages, y loss or liability of any kind whatsoever, by reason of in jury to property or third persons to the extent directly and proximately caused by the error, omission or negligent i act of Consultant, its officers, agents, employees, in- <r vitees, and other persons for whom it is legally liable, ' in the course of the performance of this agreement, and , rM y": r Consultant will, at its cost and expense; defend and pro' tect the City of Denton against any and all such claims . ~i ~.Y.. t'~~i ',,~sE, * *r* and demands. ~'+i'ib{'•. J Z r f , ` ' , Ste: B. On claims and demands based upon breaches of eontrart or TT t=,~ i,~ 4 ? breaches of warranty only, Consultant's, above indemnify cation of damages shall not exceed the 'aggregate value of compensation received by Consultant under this contract. t IX. x LIMITATIONS OF DAMAGES v City and Consultant agree that neither shall be liable to the other for any damages representing lose of profit, lose of buss- nose, special, indirect, incidental, consequential or punitive 41f ♦ h, PAGE 4 k~ j -v n+ r 54' t lr' 1 jfllr 5'r V - 400000~~ . "J 1 i 1 damages. City and Consultant also agree that Consultant shall not be liable for any decisions made by City as a result of the per- formance by Consultant of its services or in the design or imple- mentation of any systems. I, X. y 10 $ CHOICE OF LAW AND VENUE This agreement shall be governed by law of the State of Texas, and x venue for its construction and enforcement shall lie in the courts Y.~ of Denton County, Texas. XI. CANCELLATION City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel. If the agreement is cancelled before completion, the City agrees to compensate Consultant 'for`d services provided and expenses incurred prior to notice of cancel- ,.a lation.i , XII. xr UV SEVERABILITY CLAUSE <I. If any section, subsection, paragraph, sentence, clause, phrase or ^3 word in this agreement, or application thereof to an -1 ~ any person or circumstance is held invalid by any court of competent juriedic- tion, such holding shall not effect the validity of the remaining. j portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such inva x,ft lidity. w. EXECUTED this the d; day of C1 1 , 1990. i. z r ti~h f - CITY OF DENTON, TEXAS t . u e4 BY: LLOYD V. ELLg CI 000/ ATTEST: JENNIFER HALTERS, CITY SECRETARY 99 E' r r ,i tar ~'r ~y} c i J ' a y ~ 'JL = t J ` ~ 1 ' PAGE 5 . 4 r 1F h . Ia ^ (iii '4 1 , f I .y I f ,i APPROVED AS TO LEGAL FORM: DEBRA ADAMI-DRAYO~►ITCH, CITY ATTORIQEY DELOITPE b TOUCHE, INC. ' BY: TITL DATE : 5 r 14 ~1 i .,r z ,BFI y 1f. y,. i7el ii 1 ~$T Y I Y 'I' 'Y 1 ~ 1 ~ ly t t1 ~ 5 ~ rl ~I { ~y , 14 ~t ,ssue~., ~sxr f, x r ' , } } C ' PAGE b l•: z f ` r V~ I rye. yi, ! ~ r I~ 1 FF ~ R I p~•• I f Exhibit "A" - Project Plan i I i Step 1 Identify issues 1.1 Keet with top management teas Suggested attendance: Department Director, Administrative Assistant, Slectrio Utilities Director, Water/Wastewater Utilities Director This will be a brainstorming session to list all of the issues which must be resolved. The discussion should i incorporate issues identified in previous meetings, data prepared by the Division j Man& or*, and experience which other utilities have had. once a list has been made, related issues should be grouped I together. The method for resolving each issue, the issues which require policy decisions and areas requiring additional data will then be determined. j 1.2 Investigate major issues It is expected that certain policy issues or other major questions will need to be resolved before the details of developing a performance measure structure can be finali:ed. Interviews and group meetings with key individuals will be held to j attempt to clarify policies and determine directions which provide a foundation for this project. Thews interviews may be conducted by'the consultant or by department employees following an interview format developed by the consultant. This will be determined based on the exact information which needs to be gathered i 1.3 Checkpoint meeting { f once data is gathered regarding key issues, 4 the results will be reviewed with the { management team, Additional issues and responsibilities will be identified. 1 I Step 2 Develop implementation plan 1 { 2.1 Draft plan The consultant will develop a list of work steps with proposed responsibilities and timing to implement a performance measures s f structure. 1 41 r ' ~ II 2.2 Present to top management The consultant will present the draft i implementation plan to the top management team for discussion. The purpose of this presentation is to clarify any issues which are not understood, make any additions or i corrections to the plan, finalise responsibilities for work steps, and identify any conflicts with other department activities or objectives. ' kk 2.3 Finalize plan # The consultant will prepare as a deliverable product a plan which lists this work steps responsibilities and proposed time frames to accomplish the implementation of a performance measures structure for the city of Denton Utilities. It is anticipated that these activities can be accomplished within a 2-3 week period. I expect to provide 2 days (24 z service hours) of consulting assistance during this project. By providing this assistance in half-day incremants (for the most part) and working with your Administrative Assistant, this work can be performed very efficientlys oaf . r: r I I , ,I{ 1 K r • +a rr' I~ 'F i I r f , 1 1 I _ 1710 1 f 1 CrTY COUNCIL r r ' r Y r + O 4 i/ 40 O'J 1 r p~ i t 1 E I FF `I 2996L i r AGREEMENT BMEEN THE CITY # OF DENT02J AND THE_ DENTON`BASiCE?9ALIt=.OFFid* AS$OCIXfIOti, i i The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called City, acting herein by and through its City Manager, and the Denton Basketball Officials Association, hereinafter called "Contrac- tor," hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the ere na ter ea gnated services and Contractor agrees to perform the following services: A. Schedule officials to officiate basketball games for City leagues; Contractor agrees to limit : officials to two (2) per game unless agreed otherwise prior to game. r 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor or the serv ces per orme ereunder as follows: _ A. Amount of Payment for Services: Eleven Dollars (11.00) per official per game at youth third through sixth grade leagues. 1 Eleven Dollars (11.00) per official per game at seventh grade leagues. Eleven Dollars ($11.00) per official per game at adult leagues. B. Dates of Payment: weeks Within two (2) after services are 1 rendered for each game, during the term of the contract, which shall be from December 1, 1990 through March 1, 1991. 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- stood An. agree y an etween City and Contractor that Con- tractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton. Texas for ; the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee f benofit. The City shall not have supervision and control of r' Contractor or any employee of Contractor, but it is expressly { understood that Contractor shall perform the services hereunder r r. at the direction of and to the satisfaction of the City Manager t oleo- W i of the City of Denton or his designee under this agreement. I 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be pad by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Contractor shall provide at his own cost and expense wor en s compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 6. CANCELLATION: City reserves the right to cancel this 1 Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 7. TERM OF CONTRACT: This Agreement shall commence on the let day o December, 1990, and end on the lat day of March, 1991. 8. INDEMNIFICATION: Contractor hereby agrees to hold j harmless an n emn y the City fre~m and against any and all loss, expenses and damages for injury to or death of persons and injury to or destruction of praperty arising as a result of ;j k, any act or omission of Contractor in the course of performing the services provided for in this agreement. EXECUTED this the day of ~a3X.JOF.t: , 1990. CITY OF DENTON, TEXAS {s t BY: -LLOYD V. HAJ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • r. M APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ;l PAGE 2 JAW,(Akq"AiL4,4*A 4,,- ,L At I Vii. a FF 7y i DENTON BASKETBALL OFFICIALS ASSOCIATION =S BY:. BARRYC7. SEWTARY That Paul Leslie is hereby designated as the person to administer the provision of this agreement. 7 (of . DATE BOB CASTLEBERRY9 eI .I1 . ql 4 I 1. y R PAGE 3 • F M1 ~trxi i I r 1 f CITYJ COUNCIL 1. FIT f : 4t 3 C t' 1M ~a'~CC9CG 1 f 11 .........r r,. due{iii ~ v _ .,_w. ar...,r..u~.~:i..~<isa:..wn<tiia•I'SK~KiYiM1~~f{:f~1., i 1 Ole- 1 F f 2133L I~ ` THE STATE OF TEXAS § CONTRACT BETWEEN THE CITY OF COUNTY OF DENTON § DENTON b DENTON BOYS BASEBALL, INC. 9 day of , 1990, U This Agreement made this the,,3J by and between ;Dkit;6ns Bo s`.'Baesba ~1~qc, , h na t referred to as the "Organization ' and the City of Denton, Tex s, herein- after referred to as r'City," each acting by and through its authorized officials, pursuant to the following terms and conditions: I. DEPOSIT OF FUNDS BY CITY Organization shall submit a proposed budget for approval to the Parks and Recreation Department of the City of Denton, itemizing its anticipated expenditures and income for the period from March 1, 1990 through August 30, 1990. After approval of the organization 'a proposed budget, the City agrees to deposit with the Organization on March 1, 1990, the sum of Five Thousand Seven Hundred and Fifty and No/100 ($5,750.00) Dollars to be used I, solely for officiating expenses by the Organization. The City ~t revenues in the shall of the Parke and Recreation Department, budget } II. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions: i A. It will establish a separate bank account for depor of E { the Five Thousand Seven Hundred and Fifty and No/100 ($5,750.00) . Dollars paid to the Organization by the City and the only expenditures from this account, until such time as said funds are ;i exhausted, shall be for officiating expenses. Organization shall i J 41 these e funds for any other sources purpose. account utilize received not hall commingle and 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 ,t to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever adopted. t >1i 4 YI~Mt1Y.fVJ►:7.GM~Ifwi.ai»Ti.:aR:%Masrra .:he`.~wZ}h+.L41~t+~lY+~ia :zE+r bl~. *mow OF , J~ y! 11 S' b L `C 1 S I f ' rr 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. of es and F. It oi will preare Dire torn ofs Parks and Recreation por dhisr repre- to revenues sentative by the lst day of September, 1990. the bal of Octobernle 1990 he special account to the G. It will refund to City of Denton prior It will promptly pay all bills when submitted unless there N. an errors or discrepancies in bills is a shall discrepancy in s bill; Y be promptly repeforrfurtherfdirectiond Recreation , or his authorized representative I. It will appoint a representative who will- Recreation band voil bl City ` meet with the Director of Parks and officials when requested. i~ 1 ' J. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. K. It will provide qualified persons to officiate at all games jj sponsored by the Org ni 8 d °not as employees officials of the shall Organizati nas independent contracto andgathe <'f ;J L. It will obtain releases from thold othe iatinCitg at , which will release indemnify Organization harmless from any and all claims forthirdu parties E damages sustained by such officials or sustained by due to the acts or omissions of such officials. III. ORGANIZATION AS INDEPENDENT CONTRACTOR J In conducting its business hereunder, Organization acts as an agent or department of the independent contractor and not as an ag nment and control he city. The selection, retention, a 8 responsibility Organization's employees shall be the sole of Organization. IV. CONFLICT OF INTEREST; Any officer, employee or member of Organization who may also ' 1 o- be an officer or employee of the Ci~irectlor indirect ioverfthe if exercising any control or authority, provisions of this Agreement either on or the City. behalf o of f Organization s the -PAGE 2 DENTON BOYS BASEBALL, INC. t y f - aavaAOA'S/dJku.w~W6>fji1 . i 1 WWI r 1 V. DEFAULT In the event Organization fails to comply with any of the terms and conditions hereof, the City shall notify organization of such failure in writing. Upon receipt of such notice, Organization shall make no further disbursement of funds from the account required to be established in Paragraph II(A) herein. If such default is not corrected within ten (10) days from receipt of notice from the City, the City may declare this Agreement terminated by written notice to Organization and all funds remaining in the above-referenced account shall be immediately returned to the City. VI. MISCELLANEOUS PROVISIONS 'Al A. Entirn A.greemen_t. This agreement constitutes the entire under atana1ng-':etween the parties and as of its effective date „ supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Assignment. This agreement shall not be assigned except ~t by the wr tten consent of both parties hereto. ? C. Governing Law. This Agreement is to be construed in accordance the laws of the State of Texas. ? ft D. Notice, Any notice given by one party to the other in con- J t nection-w-17EF this Agreement shall be in writing and shall be sent % by certified mail, return receipt requested, with postage prepaid; Notice to City: Notice to Organization: Steve Brinkman Gary Matheson Parks & Recreation Director 18n7oGeorgetow~b201 321 East McKinney , Texas Denton, Texas 76201 'r. IN WITNESS WHER F, the parties have executed this Agreement 1 this Wr- day of UZLdULad , 1990. CITY OF DENTON, TF AS BY GER Director's Initials C..Cld DENTON BOYS BASEBALL, INC. -PAGE 3 ~ -ty~,~w 67ii+~slrALaizL..tf[it.,,.csrl.11 Vr.w'a'+bti.~..ri:.:e'v.i:?u•wai~tnS..IA JLi v.a~.>rdw'wr+idNrMit4k + 14 4 1 r rF ,J ATTEST: T ; 4EH T r, APPROVED AS TO LEGAL FORM: " DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 'i BY: L&a DFRNTON YS BASEBALL, INC. r BY: j GARY MITHESON r I hereby designate Steve Brinkman as the City's representative ,i to administer the provisions of this Agreement. t 1 ER . } k i ~ I DATE S + r ' ~r 4 Z u s ; r - , 1 sf DENTON BOYS BASEBALL, INC. -PAGE 4 r aft ~ f 4 .w.w•.+rw.r-V ...rs.d...r.',?hy6iati'1tld'_r ' i r ;t i ~ i ti I. FF r # T Nts.r.~ 1 4 } J. f WITY COUNCIL '1 t 1 Q{4~ ! 4 a 1 i 4 1 Q I a ♦ i~ . 1 r~ 1 r e Y 7y 7(n' /'73~, Y J3 ~ 1 r~ * r 3 Ji r _ Ile& - Ile xVO& f, AGREEMENT BETWEEN THE CITY OF DENTON DKTOZI GIRIsS. 50,!~ AND ASSOCIATION ' This Agreement, made and entered this Lam "sy of ' 1990, by and between the City of Denton, a municipal corpor on, hereinafter referred to as "CITY" and Denton Girls' So ball Association, hereinafter referred to as "ASSOCIATION". WITNESSETH: WHEREAS, the CITY owns certain athletic fields located at Denis, Mack, and Evers Parks in Denton, Denton County, Texas; WHEREAS, the ASSOCIATION desires to use the athletic fields 41 located at Denis, Mack, and Evers Parks for tha purpose of play- ing softball games and conducting practices; and 41 WHEREAS, the CITY is willing to grant such privilege and right ; to ASSOCIATION to utilize the athletic fields located at Denis, Mack, and Evers Parks under the terms and conditions hereinafter stated to be kept and performed, by and between the parties; j NOW, THEREFORE, in consideration of the mutual undertakings, A} se, ' agreements and covenants hereinafter set forth, the parties here- t.: E to agree as follows: CITY hereby grants unto the ASSOCIATION the nonexclusive right r ~yY and privilege to use athletic fields at Denia, Mack; and Evers [ Parks, a public park within the City of Denton, for the use of n ggames and practices commencing April 1, 1990, and ending on July F} 30, 1990, in accordance with the schedule of games and practices, ` e copy of which is included as Exhibit "A", attached and made a part hereof. ^y. `INSURANCE 0 t 1. ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance ,',j•i.; ; as will protect and defend ASSOCIATION and CITY from all claims r for damages to property and persons, and such insurance policy ± shall carry the City of Denton as an additional insured. The for surance shall protect CITY from and against all liability claims arising out of or in connection with ASSOCIATIONS use and 4i occupation of the premises. r +T S'144 3 J i ^ Y Yy. , i I ♦ y~,.,~y~_ uY~MI~A,IN+p ~'✓,Rr.~.r~.~rYiu'~V ;'1+'•, r TI til ~ { t~ •M 1 , J S / I Rrss.,rs 31 V~ ~ I Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: s. TYPE MINIMUM LIMIT Comprehensive General $300,000 - Combined . Public Liability Single Limit Coverage For Bodily Injury and Property r Damage, On A Per Occurrence Basis All insurance policies shall be subject to the examination and approval of the Office of the Risk Manager for Denton, for their w adequacy as to content, protection and named insurance company. ASSOCIATION shall furnish to CITY certificates of such insurance Q£ within (30) thirty days of the execution of this Agreement r..- prior to the commencement of any activities by ASSOCIATION at the ` athletic fields in Denis, Mack, and Evers Parks, whichever event occurs first. In the event of aggregate insurance coverage, the < insurer shall provide to the City, in addition to the certificate of insurance, a letter from an authorized representative certify- ing the amount of coverage already approved on the aggregate amount as well as pending claims and the amount of such claims. _ t ASSOCIATION understands and agrees that it has the sole reepoasi- bility to provide this information and that failure to timely < 1x~ comply with the requirements under this Article shall be 'a cause for termination of this Agreement. Insurance required by thi Agreement for the CITY as adds- F.' tional insured shall be prim+try insurance and not contributing; with any other insurance avail%ble to CITY under any third party " ti,3r liability policy. ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall:' N' A. Be named as an additional insured or an insured, as its ;j interest may appear. B. Be provided with s waiver of subrogation in its favor. k C. Be provided with thirty (30) days advance notice of , any material change or cancellation of the insurance policy. # I 4 + rL ,oI' Y ya~ 1♦ 'q ~ If.1, < . ` .i fff PAGE 2 aria } 3~iM:wKii4xwk6a 210i CIO y(r4~ 4 F i III. INDEMNIFICATION ASSOCIATION agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon any acts on the part of ASSOCIATION, its agents, representatives, employees, participants and visitors, which may arise out of or result from ASSOCIATION'S occupancy or use of the premises and activities conducted in connection with or incidental to this Agreement, regardless of whether such in- juries, death or damages are caused in whole or in part by the negligence of the CITY. It is the expressed intention of the parties hereto, both CITY and ASSOCIATION, that the indemnity ' provided for in this agreement is indemnity by ASSOCIATION to ind_mnify and protect CITY from the consequence of CITY'S negli- gence, whether the negligence is the sole or concurring cause of the injury, death, or damage. This indemnity provision extends to any and all such claims, I suits, demands or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judg- ments, costs, reasonable attorney fees and expenses. This indem- nity provision shall apply regardless of the nature of the injury or harm alleged and whether such claims are alleged at common law, t statutory, or constitutional. This indemnity provision shall s apply whether the basis for the claim, suit, demand and/or other - be attributable in whole or in part to the ASSOCIATION, or to any of its agents, representatives, employees, participants, patrons, f 1 and visitors. ` Further, CITY assumes no responsibility or liability for harm, f 70 injury, or any damaging events which are directly or indirectly ' .;zi'.~ ` attributable to premise defects or conditions which may now exist f` x ' + or which hereafter may arise upon the premises, any and all such Tr fare{i 1 :.R; defects being expressly waived by ASSOCIATION. ASSOCIATION agrees 1 and understands that this indemnity provision shall apply to any !t f' and all claims, suits, demands, and/or actions based upon or ' arising from any such claim asserted by or on behalf of ASSOCIA- TION or any of its members, patrons, participants, agents and !ra employees. ASSOCIATION further agrees that it shall at all times ±exercise reasonable precautions for the safety of its agents, y~ r representatives, employees, patrons, participants and visitors. PROVIDED FURTHER, ASSOCIATION and CITY each agree to give the sp other prompt and timely notice of any such claim made or suit in- ` stituted which in any way, directly or indirectly, contingently 7 or otherwise, affects or might affect the CITY or ASSOCIATION. #~~•,a ;Y ASSOCIATION further agrees that this indemnity provision shall be .j considered an additional remedy and not an exclusive remedy. ~ri ~1 ✓ r ; i t f': ;r d tsi , PAGE 3 . y S w e 5 ~ t 4 t ~ ..~3'Yaf(~ ~,O.CiWt'Wif~i~iliKF1'Y;41#P~il✓.SSIM ~ i 1, 1 I.i Ole s 1 IV. DEPOSIT OF FUNDS BY CITY ` Organization shall submit a proposed budget for approval to the Parks and Recreation Department of the City of Denton, item- izing its anticipated expenditures and income for the period from March 1, 1990 through August 31, 1990. After approval of the Organization's proposed budget, the City agrees to deposit with the Organization on April 1, 1990, the sum of Two Thousand Three ' Hundred and No/100 ($2,300.00) Dollars to be used solely for of- ficiating expenses by the Organization. The City shall make such payment solely from current revenues in the budget of the Parks r' and Recreation Department. V. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions: k1i A. It will establish a separate bank account for deposit of % the Two Thousand Three Hundred and No/100 ($2,300.00) Dollars fi paid to the Organization by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for officiating expenses. Organization shall not com- dingle 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 ,a for this proggram that will allow for a tracing of funds and a re- view of the financial status of the program. l' C. It will permit authorized officials for the City of Denton f` sv: Y to review its books at any time. D. It will reduce to writing all of its rules, regulations,! .r i and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any emend-; ments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber ' the City funds for a period that would extend beyond the term of this Agreement. F. It will prepare and submit a report of expenditures and N` revenues to the Director of Parka and Recreation or his repre- aµf sentative by the lat day of September, 1990. G. It will refund the balance of the special account to the r, City of Denton prior to October 1, 1990. #i H. It will promptly pay all bills when submitted unless there y f •,J 4 ~y S 1 t Z~ti i t' 1 ,rye' ? ytt PAGE 4 j . 14 77yy ~ i 2.~ { y 1 t 1 1 r R < ~1 I I) 1 is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Director of Parks and kecreation or his authorized representative for further direction. I. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. y J. It will provide qualified persons to officiate at all games sponsored by the Organization. Such officials shall be hired as independent contractors and not as employees of the Organization. r K. It will obtain releases from those officiating at games which will release, indemnify and hold the City and the Organiza- tion harmless from any and all claims for injuries or damages ~i sustained by such officials or sustained by third parties due to 5 the acts or omissions of such officials. VI. ORGANIZATION AS INDEPENDENT CONTRACTOR j In conducting its business hereunder, Organization acts as an independent contractor and not as an agent or department of the rQ +s: „ City. The selection, retention, assignment and control of Organ- ization's employees Shall be the sole responsibility of Organi- zation. VI1. CONFLICT OF INTEREST Any officer, employee or member of Organization who may. also j be an officer or employee of the City shall be prohibited from exercising any control or authority, direct or indirect, over the s i administration of the provisions of this Agreement either on behalf of Organization or the City. ` VIII. DEFAULT In the event Organization fails to comply with any of the terms and conditions hereof, the City shall notify Organization of such failure in writing. Upon receipt of such notice, Organi- zation shall make no further disbursement of funds from the ac- count required to be established in Paragraph II(A) herein. If such default is not corrected within ten (10) days from receipt l of notice from the City, the City may declare this Agreement terminated by written notice to Organization and all funds *1' r t remaining in the above-referenced account shall be immediately returned to the City. I. IX. MISCELLANEOUS PROVISIONS 4 4 t/ A. _E_nt~ireeAAg_reement. This agreement constitutes the entire r} „jn understand between the parties and as of its effective date teas PAGE S l i ' fJ' , S V~1 3 t l . i supersedes all prior or independent Agreements between the parties 1 covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Assignment. This agreement shall not be assigned except by the wr tten consent of both parties hereto. r C. Governing Law. This Agreement is to be construed in accordance with the aws of the State of Texas. D. Notice. Any notice given by one party to the other in connect on w th this Agreement shall be in writing and shall be sent by certified nail, return receipt requested, with postage prepaid: Notice to City: Notice to Organization: ,j Steve Brinkman Leigh Smith ! 321 Parks East Recreation HcKinney Director Krum, Texas Box 76249 Denton, Texas 76201 r } E. Definition. ASSOCIATION shall mean all employees, repre- sentatives, agents, volunteers, participants and visitors of the { Denton Girls' Softball Association. Rr F. Construction. Although this agreement has been dram by the City,~ie event that a term or provision is found to be ambiguous the parties agree that this agreement shall be inter-. + preted fairly and reasonably and not be construed more favorably for either party. G. Authorization. The officer of the Association who'exe- cutes this agreement represents and covenants that he is duly authorized to execute same on behalf of Association. ~ r r, „Y IN SS WH the parties have executed this Agreement 1990 p♦t this day of ff CITY OF DEN N, TEXAS , B r , 1~ , fib ~ M1 I t ' t LOYD V. ELL CITY MIMUM HAM T ATTEST:l 1 JENNIFER WALTERS, CITY SECRETARY ' } v Aid f' PAGE 6 k i lot ♦k:. ; r Y f r 45 F 1~ 7Y / '1' •~IS.t 1 ~i i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS It / + BY: Y r. DENTON GIRLS SOFTBALL ASSOCIATION r ~r i BY: [ ~ Z. 1 r gnate Steve Brinkman as the City's representative.. La I hereby desi to administer the provisions of this Agre went. 1;I CITY A { THE STATE OF TEXAS ' .l § 3 COUNTY OF DENTON 19 , before me, the under- on this day of signed Kotary-Fulic, personal~epPeared be the person w o execute t e within * personally known to me to instrument as the Director of Parks & Recreation of the City , of'; s~ Denton Texas, on behalf of the Municipal Corporation therein E{ a~«' . ' named and acknowledged to me that the corporation executed it, WITNESS my hand and official seal. k. 1 L,tJ ' f,' My Commission expires: JO& - PAGE 7 11 \ 1 ( it f 1 ~ 11 ` til }Y 1 r .tie.,:.'~`~h?'~.rt'+,~'.r`~ry~,~rM"ly~Kry~~i('4r,rr~::.~~r►~-Gk~Y.SA:r,t~r~ •s'•. "£~\~~!L!~v+ti,~ ).r tfr;~:ll ; e'X!~y (s~l~~ i THE STATE OF TEXAS § COUNTY OF DENTON § On this P/d day of , 19~, before me, the under- i ' signed Nonry-P-u'Ric, persona y appeare LE.~./ Srs~•~/ ersonally known to me to be the person who execute the wittbin instrument as OP E~ of the Association, on behalf of the Association therein name and acknowledged to me that the Association executed it. WITNESS my hand and official seal.; z 6itAlE7?I A IAM o-, 3 ~TAft TE'~~ ~ ♦ 1 14r Oam► BO, My 156 tM PUBLIC NOTARX/ I .1-141- 914 xy- Commission expires: e r'1 ~r~~._ it r t,•t f `~Y \:s ~ ~Z' f • t C Y Y+ r J 'Y Y ) S 1. 1. ~ 1Y °I S ! 1 r r y( 1 4 1yy1 ` t , e l ~M1 l t PAGE 8 tr1 f ~ lrl + : ~1 `,:l ,t r ) ~ fl1rr F• 1{Ir ~ 11 41 i ~ CITY COUNCIL r } ,j =i 1Yr Q ~~J IL IS$ I,_ 5 • a V~ I ` J , f , 1 ~ i FF THE STATE OF TEXAS S AMEX ENZ BE E p' E~ 1~2rot' # AliD°DeRtO~i:L irtf~ 9 ASSOCIA?ION COUNTY OF DENTON S 199 0 , This Agreement, made and entered this /9r'!<daY at by and between the City of Denton, a ;;Znicieal cotporaiion, hereinafter retorted to as 'CITY' and Denton Little League Baseball , hereinafter referred to as 'ASSOCIATION'. WITNESSETN: athletic fields/facilities WHEREAS, the CITY owns certain in Denton, located at Hack Park and Evers Pa Denton County, 'T'exas; WHEREAS, the ASSOCIATION desires to use the athletic fields/facilities for the purpose of Hack Park and Evers Park Sea games and conducting practices; and located at playing i WHEREAS, the CITY idthleticnfields/f Aacilities plocatedeatand right to ASSOCIATION to utilize the under the terms and conditions Hack Park and Evers Par J bY and between the parties; he[elnatter stated to be 4ept and petformed -nts NOW, THEREFORE, in oonsidocation of the mutual undertakings, agieeaa i7f + and covenants hereinafter set forth, the parties hereto agree as follows: ,E a r i he CITY bereby Privilege to use ath rants ontds/facilitsiCI at HacxtPark and~EversvPar it and qletic fie; 1 i a public park +ithin the City of Denton, tot the use oiJuly 3iand practices f 0 and ending s ? _ • ; 199schedule, of games and prac, a SPY of 1 199 ~nc,n91n March 1 accordance vitA the tices which is Included as Exhibit •A', attached and made a part hereof. INSURANCE in force ASSOCIATION, at its own expense, shall obtain and keep i 3 during the term of this agreement public liability insurance as will prot8~td and defend ASSOCIATION and CITY from all claims for damages to property , and such insurance policy shall carry the City of Denton as an It r persons, additional insured. The insurance shall protect icCITionfrom and against uall se with liability for claims arising out o 7 i 5r ti t and occupation of the promises, It ~a A r S Y1 L x {I I F 1 T y r t 7 '.'r b(' .eJl' L Ole- I II FF FL' i Such insurance shall be issued by a Company or companies of sound and adequate financial responsibility and authorized to do business in Texas. the type and minimum limit of insurance is as follOVS: TYPE MINIMUM LIMIT Comprehensive General $3000000 - combined i Public Liability Single Limit Coverage For Bodily injury and Property U - I Damage, on A Per Occurrence Basis All insurt,tce policies shall be subject to the examination and approval of the office of the Risk Manager for Denton, for their adequacy as to content, protection and named insurance company. ASSOCIATION shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this agreement or rior to the commencement of any activities by ASSOCIATION at the -Mack Park and Evers Park fields/factlities whichever event occurs first. In the event of aggregate insurance coverage, the insurer sball provide to the City, in addition to the certificate of insurance, a letter from an authorised representative certifying the amount of coverage already approved on the aggregate amount as well as pending claims j and the amount of such claims. ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under this Article shall be a cause for F termination of this Agreement. a { !~t euutante required by this Agreement for the CITY as additional insured. . yl _ shall bi 'prteary iaeuraaee and not contributing with any other insurance :I available to CITY under any third party liability policy. 4~ s ASSOCIATION further agrees that with respect to the above required f¢ fasuranca, the CITY shill,: A. Be named as an additional insured or an insured, as its interest f r, say appear. Y,i I } Be f+! provided with a waiver of subrogation, in its favor. Be provided with thirty (30) days advance notice of any material Co change or cancellation of the insurance policy. 4 t' 11 ~ ~ INDEMNIFICATION ! 1 ?he parties agree that ASSOCIATION shall be deemed to be an independent operator and not an agent or employee of the CITY with respect to its acts or b omissions hereunder. ' • °d pp J 1~ 11 j t t• ~ r i PAGR 2 +r y i , 1 SPA I ASSOCIATION agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against all liability for any and all claima, suits, demands, and/or actions arising from or based upon any acts on the part of ASSOCIATION, its agents, representatives, employees, participants and visitors, which may arise out of or result from ASSOCIATION'S occupancy or use of the premises and activities conducted in connection with or incidental + to this Agreement, regardless of whether such injuries, death or damages are caused in whole or in part by the negligence of the CITY. It is the expressed intention of the parties hereto, both CITY and ASSOCIATION, that the Indemnity provided for in this agreement is indemnity by ASSOCIATION to indemnify and protect CITY from the consequence of CITY'S nagligence, whether the negligence is the sole or concurring cause of the injury, death, or damage. This indemnity provision extends to any and all such claims, suits, demands or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judgments, costs, reasonable attorney fees and expenses. This indemnity provision shall apply regardless of the nature of the injury or harm alleged and whether such claims are alleged at common law, statW.ecy, or constitutional. This Indemnity shall apply whether the basis for the claim, suit, demand and/or othersibe j attributable in whole or in part to the ASSOCIATION, or to any of its agents, representatives, employees, participants, patrons, and visitors. { Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which hereafter may arise a upon the premises, any and all such defects being expressly waived by ASSOCIATION. ASSOCIATION agrees and understands that this indemnity provision t shall applyio any and ali claims, suits, demands, and/or actions based upon 1 or arising from any such claim asserted by or on behalf of ASSOCIATION or any of its members, patrons,-participants, agents and employees. j r~ It is expressly understood and agreed that the CITY shall not be liable I " or responsible for the negligence of ASSOCIATION, its agents, representatives, J!` patrons, participants, employees and visitors. ASSOCIATION further agrees that it shall at all times exercise reasonable precautions for the safety of R r ' T its agents, representatives, employees, patrons, participants and visitors. PROVIDBD PURTRER, ASSOCIATION and CITY each agree to give the other 1 prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might I affect the CITY or ASSOCIATION. ASSOCIATION further agrees that this ! Indemnity provision shall be considered an additional remedy and not an exclusive remedy. f IV. MISCELLANEOUS it In the event any condition or provision contained herein is held to be invalid by a court of competent jurisdiction, the invalidity of any such provision or condition shall In no way affect any other condition or provision. ` r s•~r,i i I PAGE 3 ' } f 1y y N i` r f 2. Notices: whenever notice is required to be made under this Agreement, such notice shall be written enclosed In an envelope with sufficient postage, or hand delivered to and deposited in the U. S. gall to the following addresses: CITY Of DENTON A590CIATION ATTN: Paul Leslie ATTN: Mike Wiebe 215 east McKinney 905 Milton Place ; S .T Denton, Texas 76201 Denton Texas b201 i or to other addresses as the parties may designate to each other In writing. 3. Definition of ASSOCIATION: ASSOCIATION shall mean all egployen~OR Little representatives, , i volunteers, participants and visitors of the DDee Association. ' 4. In the event of dispute as to the teems, obligations or conditions. i 3 of this agreement, the parties agree that venue for all suits, whether in law or equity, shall be instituted and maintained in Denton County. texas. 5. Although this agreement has been drawn by the City, in the event y~ that a term or provision is found to be ambiguous the parties agree that this ' rr ' agreement shall be interpreted fairly and reasonably and not be construed sore favorably for either party. 6 vhe off fret -of lf+e -Associatioa who -executes this agreement Ai~ Y . I represents and covenants that he is duly authorised to ssecule same on behalf of Association. 4 ` !/k7n1~~ ~9 0, IN WITNESS wSEREOP, the. parties on this date , 199 N. i hereto have caused this instrument to be executed in duplicate. a 7 , - 4 CITY OP DENTON ASSOCIATION I 8Ys BY. DIRE R P SI ENT i APPROVED AS TO LEGAL TOM DEBRA ADAM DRAYONITCB, CITY ATTORNEY s' t s ` BYt }F jrob: y ,Lf PAGE 4 \lYY i .f a1 ~ ..r~.rrro~.wrM/erg/..YMYr'.ah.w/YW~I+:/14rON✓M.w.>waww~.r..rr ~11~++.w+eM1.i•I.~Ylww~•~"~"`•j '1' ~ J w. ` s i l ` s I THE STATE OF TEXAS COUNTY OF DENTON S On this _ ay of , 199b , cefore .me, the uncer- 1 , signed Votary ?uolic, personally appeared -l wjzd~ personally known to me to oe the - person who o executted the within executed instrument as the DiFeetal; 0-tIon a" the G-ty-o E*re-s;AKN Denton# r s, on behalf of the therein named and acknowledged to me that the eorpetet+m executed it. dsscc.I Ay o+J WITNESS my hand and official seal. f EU A1IMWLU4M • STATE CIF TEXAS It'll ~hooe wata,:oa+ NOT Y PUBLI. STATE OF TEXAS My commission expires; dam-/,5' 99 a~ AAA- THE STATE OF TEXAS S . . 4. f fyt` COUNTY OF DENTON S { On this day of 1 19 901 oefoce methe under- signed Notary Public, pets6nal1y appeared ~STFrF lJP.tN+L.A ) r f ` ' personally known to me to be the4 erson who execu t a w'~hin; instrument as p,~FCTO , F ►~s c ar~Ugf ~Vher y M edged of the Association therein name73 Ind' a`cn~w edged to me j that the A*t,* Oatfo executed it, CerNorert;on i . WITNESS my hand and official seal. ~p~y t ~ ' yC f f tTATEO~TE~ r yirM My eq ywlRfOG~ OTAVY PUBLI STATE OF TEXAS CWL 'I My Commission expires: L PACE 6.' .1 4A i CITY r COUNCIL 1 7', Y 4 x.14 I ~.i ,.1, ~ ~pOR Uy~~ D i ,~q•' r opp 1 re p s~ r' 1 r p r t ~ f n1 ~ 1 IL > r v l F2 ss r ,rr- r oll, 4 I i Y 2863L THE STATE OF TEXAS § CONTRACT FOR CONTINUING EDUCATION FOR PARAMEDICS AND COUNTY OF DENTON § EMERGENCY MEDICAL TECHNICIANS This Agreement is made as of , 19,33'4, b and U between NOTAMI Hospitals of Tex . a a ware Corporation d/b/aRK"~~~~.~~d Sl Onc Z1? and the City of Denton (CITY). I nRMC sr s into this Agreement for DRMC to provide continuing education for CITY'S Fire Department Personnel. I. 1. DRHC will provide CITY an individual designator (the DRMC Education Coordinator) as a member of the DRMC Education r, I Department who shall have a minimum of the following credentials: r' a. current state certification as an EMT 'rk b. current state certification as a Paramedic c. current state certification as an Emergency { Medical Instructor x! i ' d. current state certification as a Paramedic z- Instructor ed current BCLS instructor certification f ( f. current ACLS instructor certification g. a Bachelors Degree or appropriate education and experience. .n ) f I z r II. 2. DRMC shall provide the following services: a. Developing, coordinating and providing Emergency Medical Services instruction to the CITY'S Fire Department personnel. b. Schedule classes to provide both Emergency tj Medical Technician, and Paramedic content so that the requirements for recertification of < ' r3 each category will be met., c. Posting a comprehensive syllabus every six { months. This syllabus will be developed in . 5 ♦conjunction with CITY personnel, I r7 4 4 x { 0011- W L, I i d. Maintain all records and reports including class hours, in conjunction with the CITY's EMS Coordinator. e. Provide guest physician lecture series in conjunction with the development of this CMG Program. f. Tie program will maintain the flexibility to be evaluated and re-evaluated on an ongoing basis to make it a positive and interesting experience for all involved. The DRMC Education Coordinator will provide,: at a minimum of 20 hours per week, in-house i instruction, critique, and evaluations to the Denton Fire Department personnel. DRMC will schedule formal classes on-site on these ro- tating shifts to accommodate all field and j staff personnel. ,I Under this Agreement CITY will, through its Medical Director,. monitor the program, and constantly refine and upgrade as deemed - necessary. r %1 III. :a CITY shall pay DRMC for the provision of services outlined in Section I. DRMC shall quarterly submit an invoice to CITY at the end of each quarter requesting payment in the amount of $1•000 for the previous three (3) months. IV. This Agreement shall become effective upon January 1, 1990 and be effective for a period of one year, until midnight J December 31, 1990. Either party may terminate this Agreement 1 with 45 days written notice and shall be sent by registered mail, return receipt requested, with postage and registration fees pre :Y ` .r paid, to the other party at the following addresses: CITY OF DENTON DENTON REGIONAL MEDICAL r 1 CENTER City Manager Administrative Director City of Denton Attn: David Yoder t 215 East McKinney 4405 North Interstate 35 t j Denton, Texas 76201 Denton, Texas 76201 4~ 1, PAGE 2 I i.~ r ` 'I Exe uteri this day of 184. f i 0 i., 90 DATEe/ CENTEK DATE -INC . OF TEXAS ry 1 T ` 1 ACC, b• a ,i - 4 PAGE 3 ` L • ' y ` _ _ _ a.. .r. ~[.4..Yra++~«Y~ .V+r.F11+~su ~ipFMaMl~k'.i11ai~OWYt#tlirhlii~~~ .~~~.rr~~aa~.IV.• r ~ .,y T . t ~ jTL . FF T ~M►t CITY COUNCIL 1= r i~ t rrry. ^ `L r.t ~ ~ i, x~r _ ~ fly sr 1 or a~ ' ti QO~~ ~oO r' r.', "r 1 8 1 `44*~ t i t y+ N J .r MS3 1 : ~_r t~1 ' v ' _ _ l 11.1. f y.. I II ty dam, I aFp 4Yj.♦ m.,.,~Pa 1ri.._ n. 1 _ . - ~~4`r' • ~i.f, r'aw. n. }Y , .;r 0';~ < • ``:.h`+, a~-'SY~~. i '2866L • i , tit AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON REGIS MSD' FO)i` ML~'1ykW 10% t I This Agreement is made as of A ril 5th , 1990, by and between NOTAMI Hospitals of Texas, nc., a Delaware Corporation ? d/b/a Denton Regional Medical Center (DRMC) and City of Denton (CITY). CITY and DRMC do desire to enter into this agreement for 4 DRMC to provide medical control services to the City of Denton's Fire Department's Paramedic Services. } S J 1. Under this Agreement, DRMC will provide the following: 1. Medical control for the provision of all pre-hospital orders regardless of the patient's destination, through ' the DRMC Emergency Dsi.artment. This service will be pro- vided by DRMC Emergency Department physicians 24 hours per day, 7 days a week. For purposes of this Agreement, medical contrcl means pre-hospital protocols, including :j t } standing orders for treatment of patients by fire depart- went personnel, and twenty-four hour access to the ewer- ;j gency room physician and providing for the monitoring of radio and telemetry equipment and for advisin department personnel. 8'~c fire 2. All data gathered by DRMC and CITY relative to medical } F control will be evaluated by DRMC Emergency Room physi- cians and the CITY's Fire Department and provided to the ' City's Fire Department for inclusion in their quality b° assurance program. . 33 f . !4'yv 3. DRHC Emergency Room physicians will critique the medical < control program and submit these results to the CITY's Fire Department on a quarterly basis. j'. II. Under this agreement, CITY agrees that, rs 1. Selection of the Denton Fire Department protocol will be the sole responsibility of CITY. 2. Transportation will remain the decision of CITY. 3. Hospital destination will be determined by the paramedics on the scene according to CITY policy. 4. Legible and accurate records will be maintained t of all orders and transports. 5. That CITY's Medical Director will meet with the r ' .F ' y} r lff Y. L~•h } i ! 4 ~ f, • li E , .,1 " R, 1 t , , ( I.1A~f7:~~'"w^•...eiR~~.' ~-14~[~MMG'a~l~~Y J i. rk i i, F.nx. s `^1 DRMC Emergency Room Physicians and review with them the critique of the medical control program not less than once every three months. r, < III. There will be no charge by DRMC for the provision of the medical control services. IV. This agreement shall be for a period of one year from the date stated above. Either party may terminate this agreement with 45 days written notice to the other party. DRMC will provide ` medical control services to CITY effective as of the date of exe- cution hereof. , 4X. 4 Eti Signed and executed this day of 1990. r~ r=. CITY OF DENTON, TEXAS #rl r.. i GER M v.1 V4 7 ATTEST:. JENNIFER WALTERS, CI'T'Y SECRETARY r1 Y r; pry APPROVED AS TO LEGAL FORM. of DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY a !1f i, , BY: . c DENTON REG=IONAL MEDICAL CENTER R' r BY 7 7x rl r Y ~ S\L Jti ~ J UIt' lip . '11~ NOTAMI HOSPITALS OF TEXAS, INC.. 1I 1 Vil r K BY: ifs' !4 ! t iti ,S r i klt )li3C3~li ~l 7 S r ! 11 0 V 4 141 0 ii. " yy; t iIS,} iS ~ r,. i• ' .~....-~.~.~...a.~,~.IIe~+c~Ss!W/F~.~i1~1~3ii'.IMawK~+t3MCtw~i~a~.~'~~ItRS / ,I F 1.~ 0010- w r 1 ll F , F rr _ _ . gx+f. 1 1 . ~ ~ CITY COUNCIL i : I , 4 !r t !r~ ~ I.T e 1 a' it ~O~Q~x•' S~ D~OO 1 ~ I f! ❑ r ,1 n r- ~ NS' r ' jL F H r } 2910L AGREEMENT BETWEE :T$E ITY DENTON AND..; ,Ytt ' S{ day of r This Agreement, made and entered this 1 corpo t nr Thi rips of Dentonr a mun 19900 by and between the City ITY' and Denton soccer Association, hereinafter referred to as hereinafter referred to as 'ASSOCIATION'. WITNESSETH: ields at Dentonr i WHEREAS, the CITY oorth Lakes n Joeh Skilesf Parks inlocated Mack, Schultz, N i Denial Denton County, Texasy to use the the ASSOCIATION desires Lakes, JoaehSkiles (Parks WHEREAS, Mack, Schultz, North [acticesi ' located at Denial soccer games and conducting p <.ft: for the purpose of playing and .f rivilege and right WHEREAS, the CITY is willing to grant such pc at al r to ASSOCIATION to utilize t~eoeaSkilescParksdunderathe termsnar►d ltz North Lakes, and performed by and j Mack, Schu • ated to be kept conditions hereinafter st between the parties( in consideration of the mutual partieskhere# 1 NCH, THEREFORE, i I agreem°nts and covenants hereinafter set forth, r l to agree as follows: rants unto the ASSOCIATION the nonexcluaiSChultz, CITY hereby 9 iQ y'I and privilege to use athletic aieu~li c parknwithincthe City of Joe Skiles Parks, practices commenc North Lakes, d ing August 27, Denton, for the use of ganea an a " 30, 1991, in accordance with the schedule 19901 and ending on May a copy of which is included as Exhibit of gae.cs and practices, •A•r att,,shed and made a part hereof. II. INSURANCE r" shall obtain and keep in at its own expense, I ASSOCIATION, GCuant public CITY liability insurance during the tern of this ac+,-+ x force a21 claims ect and defend t,SSOCIATION and s,'•.:.. rot and such insurance policy as will p and persona, for damages to property shall carry the City of Denton as an additional insured. The for urance shall protect CITY from and against all liability ` t clams arising out of ore8in connection with ASSOCIATION'S hae and occupation of the premis , • 1 f a 1 R nr z' ' ' s gxwr. . I.J Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $300,000 - Combined Public Liability Single Limit Coverage For k•~~ Bodily Injury and Property Damage, On A Per Occurrence } 4 i s Basis s All insurance policies shall be subject to the examination and approval of the office of the Risk Manager for Denton, for their Fl adequacy as to content, protection and named insurance company. + ASSOCIATION shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or, prior to the commencement of any activities by ASSOCIATION at the athletic fields in Denia, Mack, Schultz, North Lakes, Joe Skfles t _ Parks, whichever event occurs first. In the event of aggregate 5 insurance coverage, the insurer shall provide to the City, in addition to the certificate of insurance, a letter from an authorized representative certifying the amount of coverage already approved on the aggregate amount as well as pending claims and the amount of such claims. ASSOCIATION understands i and agrees that it has, the sole responsi- bility to provide this. t information and that failure to timely comply , with the requirements`under this. Article shall be a cause for' termination of this Agreement. ; cf. Insurance required by this Agreement for the' CITY as addi- tional insured sball be primary insurance and not, contributing tJ with any other insurance available to CITY under any third party', f` +ry liability policy. 41 ' ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: t• A. Be named as an additional insured or an insured, as its r interest may appear. 1 br ! 1 B. Be provided with a waiver of subrogation in its favor. 5y F,• C. Be provided with thirty (30) days advance notice of J any material change or cancellation of the insurance s policy. .t PAGE 2 i"C, i:~'.._, 'Y. is.agZlkb+teatHSditltR~lsfi r , L s ; F rn + Y 1 1 III. ~ INDEMNIFICATION E ASSOCIATION agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon any acts on the part of ASSOCIATION, its agents, representatives, employees, participants and visitors, which may arise out of or result from ASSOCIATION'S occupancy or use of the premises and activities conducted in connection with or incidental to this Agreement, regardless of whether such in- ' juries, death or damages are caused in whole or in part by the negligence of the CITY. It is the expressed intention of the parties hereto, both CITY and ASSOCIATION, that the indemnity provided for in this agreement is indemnity by ASSOCIATION to indemnify and protect CITY from the consequence of CITY'S negli- gence, whether the negligence is the sole or concurring cause of the injury, death, or damage. 71 This indemnity provision extends to any and all such claims'', el suits, demands or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judg- ments, costae reasonable attorney fees and expenses. This indem- nity provision shall apply regardless of the nature of the injury i or harm alleged and whether such claims are alleged at common law, statutory, or constitutional. This indemnity provision shall apply whether the basis for the claim, suit, demand and/or other b attributable in whole or in art to the ASSOCIATION or to any be part of its agents, representatives, employees, participants, patrons, and visitors. f Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly ' attributable to premise defects or conditions which may now exist or which hereafter may arise upon the premises, any, and all sueh , defects being expressly waived by ASSOCIATION. ASSOCIATION agt;ee`e and unlerstands that this indemnity provision shall a ply to any and all claims, suits, demands, and/or actions based upon; or J arising from any such claim asserted by or on behalf of ASSOCIA- 7 s`` TION or any of its members, patrons, participants; agents and employees. ASSOCIATION further agrees that it shall at all times ' exercise reasonable precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. > PROVIDED FURTHER, ASSOCIATION and CITY each agree to give the other prompt and timely notice of any such claim made or suit in- stituted which in any way, directly or indirectly, contingently a or otherwise, affects or might affect the CITY or ASSOCIATION. " ASSOCIATION further agrees that this indemnity provision shall be considered an additional remedy and not an exclusive remedy. f PAGE 3 14 .L c ~ ~?JltiJ R xy IV. DEPOSIT OF FUNDS BY CITY i .t Organization shall submit a proposed budget for approval to the Parks and Recreation Department of the City of Denton, item- izing its anticipated expenditures and income for the period from October 1, 1990 through May 31, 1991. After approval of the Organization's proposed budget, the City agrees to deposit with the Organization on or before October 5, 1990, a sum of money to be determined at the time of adoption of the official budget of the City of Denton to be used solely for officiating expenses by the organization. The parties agree that, upon adoption of the City's budget for 1990-91, they shall execute an addendum to this agreement. The City shall make payment under this agreement solely from current revenues in the budget of the Parks and Recreation Department. V. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions: 4t A. It will establish a separate bank account for deposit of the sum of money as established by the addendum described in Article IV hereof, this amount being the sum paid to the Organs- t. zation by the City. The only expenditures from this account, until such time as said funds are exhausted, shall be for offici- ating expenses. Organization shall not commingle funde 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 ce- 3 view of the financial status of the program. x ; C. It will permit authorized officials for the City of Denton F r r y; to review its books at any time. , D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any ascend- ments, additional or revisions whenever adopted. r E. It will not enter into any contracts that would encumber ' the City funds for a period that would extend beyond the term of fl + r this Agreement. f F. It will prepar9 and submit a report of expenditures and , i •4 revenues to the Director of Parks and Recreation or his repre- sentative by the lst day of January, 1991 for its fall season, and by the first day of September, 1991 for its spring season.. G. It will refund the balance of the special account to the City of Denton prior to October 1, 1991. PAGE 4 .~,>.:...c:ac~.:•i•~>c~ita'~swen;~,ubLkiR~YtlidtY r ~ 1 rn ~E 4s Cafts,A R 'w H. It will promptly pay all bills when submitted unless there is a discrepancy in a bill) any errors or discrepancies in bills ` shall be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction. I. It will appoint a representative who will be available to M meet with the Director of Packs and Recreation and other City. officials when requested. J. It will provide qualified persona to officiate at all games sponsored by the organization. Such officials shall be hired as independent contractors and not as employees of the organization. K, it will obtain releases from those officiating at games which will release, indemnify and hold the City and the Organiza- tion harmless from any and all claims for injuries or damages x sustained by such officials or sustained by third parties due to the acts or omissions of such officials. rr t' VI. ORGANIZATION AS INDEPENDENT CONTRACTOR r In conducting its business hereunder, Organization acts as an independent contractor and not as an agent or department of the • City. The selection, retention, assignment and control of Organ ization's employees shall be the sole responsibility of Organi- zation. ;.a 71 t VII. CONFLICT OF INTEREST Any officer, employee or member of organization who may also ✓r'' be an officer or employee of the City shall be prohibited from, ,'ff exercising any control or authority, direct or indirect, over the c=; administration of the provisions of this Agreement either .on . behalf of organization or the City.' a VIII. DEFAULT .,rx` r In the event Organization fails to comply with any of the r.` terms and conditions hereof, the City shall notify Organization z' „ of such failure in writing. Upon receipt of such notice, Organi- zation shall make no further disbursement of funds from the ac- Sa;<I count required to be established in Paragraph II(A) herein. if such default is not corrected within ten (10) days from receipt of notice from the City, the City may declare this Agreement 7 terminated by written notice to organization and all funds } remaining in the above-referenced account shall be immediately ti returned to the City a4 IX. MISCELLANEOUS PROVISIONS } A. Entire Agreement. This agreement constitutes the entire under stan ng etween the parties and as of its effective date PAGE 5 i ' r M f:'. is r , t 1 L supersedes all prior or independent Agreements between the parties f' covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. ' B. Assignment, This agreement shall not be assigned except ! - by the wr tten consent of both parties hereto. C, Governing Law. This Agreement is to be construed in accordance with the laws of the State of Texas. k, D. Notice. Any notice given by one party to the other in connect own -with this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage prepaid: J . Notice to City: Notice to organization: :A., , Steve Brinkman Jane Malone Parks F Recreation Director 1311 Kendolph r 321 East McKinney Denton, Texas 76201 S a Denton, Texas 76201 j E. Definition. ASSOCIATION shall mean all employees, repre- sentatives, agents, volunteers, participants and visitors of the Denton Girls' Softball Association, 1 : F. Construction. Although this agreement has been drawn by the Cityj in the-event that a term or provision is found to be it ambiguous the parties agree that this agreement shall be inter- { preted fairly and reasonably and not be construed more favorably for either party. G. Authorization. The officer of the Association who exe- ~f sti' cuter ibis agreement represents and covenants that 'he is duly authorized to execute same on behalf of Association. IN ~TNESS WEER OF, the parties have executed this Agreement b? ryy ,a ' this day of 19 ag e } CITY OF DENTON, TEXAS B i LLO V. H ELL CITY A&MAGER •k v r 1, r l l 1 ATTEST: ea J~J(= JENNIFER WALTERS CITY SECRETARY { l BY: - i PAGE 6 r ! 1- T i. '14a:l, l,r'atiFVNvb,'~+f '.fu~, • • ii, i r , n ' 71 A 1 APPROVED AS TO LEGAL FORM: i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: DENTON SOCCER ASSOCIATION JANE l4ALONg r' I hereby designate Steve Brinkman as the City's representative ;lFf to administer the provisions of this Agreement. DATE f LLO D HARRELL, CITY AGER T! { 1 rJ I THE STATE OF TEXAS S } COUNTY OF DENTON S ` f 1 nthis licY o raona a Q 1990 before me, the tinder signed Notary Pub , r ! ",r Pe y PP ared" ' personalty known to me t Pe 7ANe 14tq in q the raoa who execute the x f ' he G44*_.bf nodi~ifd; on behalf of the therein named and acknowledged to me that the corporation executed it. f: WITNESS my hand and official seal. NOTAll ` ~ S1L31MM 7': wo....w~rat ~ t PUBLIC TE OF TEXAS My Commission expires: PAGE 7 i r t I r 1 rn , } i CITY f .r _ COUNCIL. h r, , i i1s "f is r. r,.~ rat l f ~ ~ 4 , Jr 1iq i •M i ' ; qp~, bit s.l5 r.: to si t -:re x. < O r " ~ ~~7CQGG~~ i p 1 A , ..R. 2 9 71 L AGREEMENT $E ENS HE C Y F DENTON AIi t: This Agreement, made and entered this day of i, 1990, by and between the City of Denton, a mmun cipal corpo a on, hereinafter referred to as 'CITY' and Denton Youth Football Association, hereinafter referred to as 'ASSOCIATION'. WITNESSETH: WHEREAS, the CITY owns certain athletic, fields located at t Evers Park in Denton, Denton County, Texas WHEREAS, the ASSOCIATION desires to use the athletic fields located at Evers Park for the purpose of playing football gaiaes and conducting practiceaf and WHEREAS, the CITY is willing to grant such privilege and right. to ASSOCIATION to utilize the athletic fields located at Evers r Park under the terms and conditions hereinafter' stated to be kept and performed by and between, the parties `R NOW, THEREFORE, in consideration of the mutual undertakings, { agreements and covenants hereinafter set forth, the parties here- to agree as follows: ^.t CITY hereby grants unto the ASSOCIATION the noneXclusive right }h s~~ and privilege to use athletic fields at Evers Parka public park =1 within the City of Denton, for the use of gamea.an4 practices { commencing August 28, 1990, and ending on November 30, 1990an } y~ hy~J, " 4 accordance with the schedule of games and,. practices, a copy ;of` 11a- '~a aJt 1'~' which is included as Exhibit 'A', attached and wade a part' hereof. INSURANCE rF r r~. ' 1, ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance Zif as will protect and defend ASSOCIATION and CITY from all claims for damages to property and perm.-na, and such insurance policy j, shall carry the City of Denton as an additional insured. The in r ±i' surance shall protect CITY from and against all liability for claims arising out of or in connection with ASSOCIATION'S use and s occupation of the premises. i _ s y r. 's r IT • I i .t t Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do ;j business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $300,000 - Combined ; Public Liability Single Limit Coverage For Bodily Injury and Property t Damage, On A Per Occurrence " Basis' } All insurance policies shall be subject to the examination and approval of the Office of the Risk Manager for Denton, for their. adequacy as to content, protection and named insurance company. ASSOCIATION shall furnish to CITY certificates of such, insurance within (30) thirty days of the execution of this :Agreement or prior to the commencement of any activities by ASSOCIATION at the athletic fields in Evers Park, whichever event occurs first. In the event of aggregate insurance coverage, the insurer shall provide to the City, in addition to the certificate of insurance, a letter from an authorized representative certifying the;agount x' of coverage, already approved on the aggregate amount as' well as ending claims and the amount of such claims. ASSOCIATION "t understands and agrees that it has the sole reaponsi_ bility I to R provide this information and that failure to ti¢:ely comply with the requirements under this Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as addi- tional insured shall be primary insurance and not contributing } with any other insurance available to CITY under any third party Y? liability policy. ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: . y A. Be named as an additional insured or an insured, as its %i ka i interest may appear. } r; B. Be provided with a waiver of subrogation in its favor. w{ c. Be provided with thirty (30) days advance notice of any material change or cancellation of the insurance i policy. PAGE 2 f - ' ttiFbM4W1'.w.My'di1Na.y917r+iii.il.a+C!..l~ti:~s..:.61N;aN4.-w:w+clJ✓.w.::~:c~r.~w.:'~er CiFlM~Yii MY'i.~K'd~A.~~M~"'" r ~ ! I ' III. INDEKNIFICATION ASSOCIATION agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon any acts on the pant of ASSOCIATION, its agents, representatives, employees, participants and visitors, which may arise out of or result from ASSOCIATION'S occupancy or use of the premises and activities conducted in connection with or incidental to this Agreement, regardless of whether such in- juries, death or damages are caused in whole or in part by the s, negligence of the CITY. It is the expressed intention of the parties hereto, both CITY and ASSOCIATION, that the indemnity provided for in this agreement is indemnity by ASSOCIATION to ;i indemnify and protect CITY from the consequence of CITY'S negli- gence, whether the negligence is the sole or concurring cause of { x:3' the injury, death, or damage. f_ This indemnity provision extends to any and all such claims, suits, demands or actions regardless of the type of relief sought { thereby, and whether such relief is in the form of damages, judg ! mental costs, reasonable attorney fees and expenses. This indem- ; r.r nity provision shall apply regardless of the nature of the injury i. or harm alleged and whether such claims are alleged at common law, statutory, or constitutional. This indemnity provision shall apply whether the basis for the claim, suit, demand and/or other be attributable in whole or in part to the ASSOCIATION, or to. any of its agents, representatives, employees, participants, patrons, 4 and visitors. =s e, Further, CITY assumes no responsibility or liability for harm,. ` injury, or any damaging events which are directly or indirectly * Ff; attributable to premise defects or conditiontj which may now exist ~ i or which hereafter may arise upon the premi'nes, any and all such J defects being expressly waived by ASSOCIATION. ASSOCIATION agrees I and understands that this indemnity provision shall apply to any } 1 and all claims, suits, demands, and/or actions based upon or arising from any such claim asserted by or on behalf of ASSOCIh- y TIOH or any of its members, patrons, participants, agents and employees. ASSOCIATION further agrees that it shall at all times exercise reasonable precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. PROVIDED FiJRTEiER, ASSOCIATION and CITY each agree to give the s'f other prompt and timely notice of any such claim made or suit in- stituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CITY or. ASSOCIATION. ASSOCIATION further agrees that this indemnity provision shall be considered an additional remedy and not an exclusive remedy. i i PAGE 3 ra... x:. ...w«•...... ..v....~.H•.......~.........r u..vY+..M'y►lWieki'.. IY 7y{"y~1{q•.f.+[)Iti 4 iv.1M'Yiw4r.YM1tll k ' ' y`..woo .2 1 1 roll- 0 1 r 0 r 1 1 ~I IV. DEPOSIT OF FUNDS BY CITY Organization shall submit a proposed budget for approval to the Parks and Recreation Department of the City of Denton, item- izing its anticipated expenditures and income for the period from October 1, 1990 through May 31, 1991. After approval of the organization's proposed budget, the City agrees to deposit with the organization on or before October 5F 1990, a sum of money to be determined at the time of adoption of the official budget of the City of Denton to be used solely for officiating expenses by the organization. The parties agree that, upon adoption of the City's budget for 1990-91, they shall execute an addendum to this agreement. The City shall make payment under this agreement solely from current revenues in the budget of the Parks and rw: Recreation Department. r4 T, 1 , ♦ lN. V. OBLIGATIONS OF ORGANIZATION j In consideration of the receipt of funds from the City, s' { Organization agrees to the following terms and conditions: fl A. It will establish a separate bank account for deposit ofE the sum of money as established by the addendum described in Article IV hereof, this amount being the sum paid to the organi- zation by the City. The only expenditures from this account, until such time as said funds are exhausted, shall be for offici- + 9 acing expenses. Organization shall not commingle funds received from other sources in this account and shall not utilize these t e funds for any other purpose. B. It will establish, operate, and maintain an account system AL a, ~3~,i;. for this program that will allow for a tracing of funds and a re- ; view of the financial status of the program.. r~ S 4 rl ~ I} 141 `r~~~ t ? , C. It will permit authorized officials for the City of Denton to review its books at any time. D, It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of 'Parks and r Recreation or his authorized representative along with any amend- r.,' ' menu, additions, or revisions whenever adopted. ; r t E. It will not enter into any contracts that would encumber period that would extend beyond the term of the City funds for a this Agreement. Y . F. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the lst day of January, 1991. , PAGE 4 f' t ........_..._....~.~.__.__.._...___._.__,..__._._......___,_.,....._....,.....,•..,.•<._..awws.~i~.aardiA,fua~+M.t~{~ ~ •'h ~ k i it a t ~ G. It will refund the balance of the special account to the City of Denton prior to February it 1991. H. it will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction. I. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested, i0 J. It will provide qualified persons to officiate at all games sponsored by the organization. Such officials shall be hired as independent contractors and not as employees of the Organization. K. It will obtain releases from those officiating at games w which will release, indemnify and hold the City and the organiza- tion harmless from any and all claims for injuries or damages i. ' sustained by such officials or sustained by third parties due to the acts or omissions of such officials. VI. ORGANIZATION AS INDEPENDENT CONTRACTOR In conducting its business hereunder, Organization acts as an 1 independent contractor and not as an agent or department of th i 1 City. The selection, retention, assignment and control of organ- >4 ization's employees shall be the sole responsibility of. Organi- zation, r VII. CONFLICT OF INTEREST i 4 y' Any officer, employee or member of Organization who may also r nr3; to an officer or employee of the City shall be prohibited from x t exercising any control or authority, direct or indirect, over the. 'X administration of the provisions of this Agreement either on ~n behalf of organization or the City. VIII. DEFAULT In the event Organization fails to comply with any of the yi terms and conditions hereof, the City shall notify organization of such failure in writing. Upon receipt of such notice, Organ- disbursement of funds from the ac- zation shall make no further count required to be established in Paragraph II(A) herein. If 1 x such default is not corrected within ten (10) days from receipt of notice from the City, the City may declare this Agreement E terminated by written notice to organization and all funds remaining in the above-referenced account shall be immediately returned to the City. PAGE 5 ' h 7 } v..... a.•........ r. , xw..c N-aY.u iM..M.'MKi1.T.CMLMOit • • j r t. i i _r r Fi r _4V 1 , :Qtr IX. MISCELLANEOUS PROVISIONS A. Entire Agreement. This agreement constitutes the entire understanding between he parties and as of its effective arties date supersedes all prior or independent Agreements between the , ,:y! covering the subject matter hereof. Any change or modification r, hereof shall be in writing signed by both parties. ~y B. Assignment. This agreement shall not be assigned except "xl by the wr tten consent of both parties hereto. tf C. Governin Law, This Agreement is to be construed in accordance with the laws of the State of Texas. D. Notice. Any notice given by one party to the other in 41 connect on w th this Agreement shall be in writing and shall be F sent by certified mail, return receipt requested, with postage prepaid: y Notice to City: Notice to Organization: Steve Brinkman Tim Marr `i Parks a Recreation Director 3026 N. Bell f~ 321 East McKinney Denton, Texas 76201 Denton, Texas 76201 j~ y E. Definition. ASSOCIATION shall mean all employees, repre- sentatives, agents, volunteers, participants and visitors of the Y; Denton Girls' Softball Association. sr~ F. Construction. Although this agreement has been drawn by ~ the City, in the event that a term or provision is found to, be. ambiguous the parties agree that this agreement shall*be inter f, t P t fairly and reaso nably and not be construed pore faLoeably 4, x for either pa rty. y Fr,'~ 4~, c G. Authorization. The officer of the Association who axe-1? s cutes Me agreement represents and covenants that he is duly , authorize] to execute same on behalf of Association. S ,t IN i4JNESS WHER F, the parties have executed this Agreement this day of Udd , 19~. a s CITY OF DENTON, TEXAS BY } 9,H ELL CITY MANAGER ]F 11 1 PAGE b ~ , ~e►+xrsat+ilea,.w:x,au~+~r~u+rr,a~+:e.:,.~_~...- w+.a+~;z~i:~ 1 e. 14. 1 a `x L ty ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. 11 APPROVED AS TO LEGAL FORM: J i DEBRA ADAMI DRAYOVITCHj CITY ATTORNEY CITY OF DENTON TEXAS BY: ~i ,1. t DENTON YOUTH FOOTBALL ' BY: r _ i ~ ~ TIN MARR Ir'~ I ere , E Et des s f t ( r Y ~t administer th Steve Brinkman ae the'City s to to adaii ' s. r of £ f { the iQ provisions of 'thi's s A reeaent; d 17 DAT LLO l~ARRSLLi 'CITY !!AH GER ,j r< ;tom iY t r - ~Lti°I fl r z I , l~ 4~ r ~yJ' k f b> r t' ' y ;EI - 1 I^, r} 1 ' ~ t PAGS 7 11 S tT 3 r~`1, Z, r•~~++M'r•~/~r~r..w.ti._.r...r....r~~. w.vw..~a..~v..r ....w gar I I~f rn i j r'I. • I. rw ~..y.r,ytwY M/t1Mi~Y[7 , ,M y ( ' `T• r, yb L 1 i7 r r, ~wy" • 4~. ' r 1 2 t ~1 THE STATE OF TEXAS S COUNTY OF DENTON S On this day of , 19 , before me, the under- ; signed Notary Public, persona y appeared , personally known to me to be the person who execute the With-in instrument as the Director of Parks i Recreation of the City of Denton, Texas, on behalf of the Municipal corporation therein named and acknowledged to me that the corporation executed it. i FATNESS my hand and official seal. NOTARY PUBLIC, STATE OF TEXAS My Commission expires: j THE STATE OF TEXAS 5 COUNTY OF. DENTON S On this c~Lday of Qom , 1996, before, me, the under y ~ 4Y f x signed Notaryublic# personky appeared `TI m ' personally known to me to be the person w o. execute t e w thin 1 l r? instrusent as P,pE5~0~rJt of the Association, on behalf of the A880C at on t ere in name and acknowledged to to l A that the Association executed it. a r WITNESS my hand and official seal. r 'a ~AKfNJ StLMIN le-1 Z'6-'4-'W'.d) wOWA1*U'1%tM OTA PUBLI STATE OF TEXAS lx4 ' < + s ~ My Commission expires: M ^IL~ r 1 r 1 i y Y 1 .i C 1 ~ lrJ,'({ r \ YT' { 1 ~ fi r PAGE 8 4 . o tipi - - W -I 4 CITY LID= r COUNCTI E y t.i 4 C~ 7 ;f. f '.t y 1f f J F f ! I ~L i':' 1 • r~ o~~ r O Yi: 1' 4 L al .'~b' J f e Lf f r ~ j t 1 r, ~ 1 V AUG 3a 1990 r ;s i CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DBNTON, TEXAS AND DIPA DUTIA The CITY OF DENTON, TEXAS, a Municipal Home Rule City j situated in Denton County, Texas, hereinafter called 'City', s acting herein by and through its City Manager, together with Dipa Dutia, Rate Consultant, hereinafter called 'CONSULTANT', hereby mutually agree as follows: GOALS AND OBJECTIVES ai CITY desires to contract with CONSULTANT for consulting services in an effort to: 1. Complete a determination of revenue and expenditure f requirements for the water and wastewater rate study. 2. Complete a cost of service study for the water and wastewater rate study allocating costs identified in financial analysis to appropriate customer classes. 3. Develop water and wastewater rate requirements to. each A~1 customer class. r 4. Assist with the preparation of a cost of service document t a ibyti' i t1 ; for the water and wastewater rate analysis. The parties intend to achieve this end by, 'CONSULTANT,. S 1 performance of services, including financial data analysis, !ax customer cost allocation, rate development and technical support for document development. CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the develop- ment of the Project as outlined herein. The Scope of Work which CONSULTANT agrees to perform is set forth in Attachment A, attached hereto and Incorporated by reference herein. CONSULTANT },3 r~ f shall exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a x professional consultant under similar circumstances and CONSUL- A TANT shall, at no coat to Owner, 're-perforp' services which fail f to satisfy the foregoing standard of performance. ~Z. ~ y,, v b r j M r . 4 , r 1 'r sf, 71 ` w, ! ~ ~~4yUt~r'b~l~k'Yt'VIMffWl~?tE~i'tiXadtilb'+JdGiv+La4t~.+.r~v~.u rvt,as~w[u .wtr~v~w.+:v f 1~1: 5` L 7 N -CA00 F s III. ! TERk OF AGREEMENT • a CONSULTANT shall commence rendering services on July 1, 1990. Scheduling of meetings will be accomplished during the course of the services. This agreement will continue to be in i effect until all terms of the agreement have been satisfied. IV, € COMPENSATION TO BE PAID CONSULTANT 1 ' 7 ~ `Fi I CITY agrees to pay CONSULTANT for the services performed hereunder as follows: A. Amount of payment for services: CONSULTANT will charge the CITY based on actual profes- yi sional time spent and expenses incurred, In no event will t' { the total project cost exceed Four Thousand Nine Hundred ($4,900.00) for CONSULTANT'S fees unless CONSULTANT is requested to perform tasks outside the scope presented in the proposal. If additional assistance is requested' from -1 the CONSULTANT, another contract shall be executed by and ` between the CITY and CONSULTANT. Payment will be based + upon the rates of Thirty-Five Dollars (s35) per hour, not to exceed one hundred forty (140) hours. ,~,S~ir r rr B. Dates of Payment. ac CITY will pay CONSULTANT within thirty (30}, days of ~s ` completion of services provided for herein and receipt Of.` <<s; r~ invoice from CONSULTANT.` V rl t li ' SUPERVISION AND CONTROL BY CITY y It ie mutually understood and agreed by and between CITY and ` CONSULTANT that CONSULTANT is an independent contractor and shall not be deemed to be or considered an employee of the CITY OF r 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 t have supervision and control of CONSULTANT or any employee,; of . CONSULTANT, and it is expressly understood that CONSULTANT Shal t. r perform the services hereunder according to the attacbed proposal, at the general direction of the City Manager of the CITY OF t DENTON or his designee under this agreement. ~ y - r , PAGE 2~ '"~^"""""'~""~+~'•vMAYJ~s+fewer.walw4+wsSxtK~:uaJrtAYVwka.d►+e%aiNWa'4~Ja. rr ~+lw 4Rtiewwii/LI~M~t i ` t 1 .~..i ,R.yfh1 . ail , I vie SOURCE OF FUNDS All payments to CONSULTANT under this agreement are to be paid by the CITY from funds appropriated by the City Council for ; such purposes in the Budget of the City of Denton. ' i r VII. INSURANCE CONSULTANT shall provide at its own cost and expense worker's compensation insurance, liability insurance, and all other insur- ance necessary to protect CONSULTANT in the operation of CONSUL- TANT'S business. , VIII. } INDEMNIFICATION CONSULTANT shall and does hereby agree to indemnify and hold harmless the CITY OF DENTON from any and all damages, lose or ` liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of CONSULTANT, its officera, { s agents, employees, invitees, and other persons for whoa it is { legally liable, in the course of the performance of.tbis,,a rand efend, v went, and CONSULTANT will, at its cost and, expense, FT tt' . protect the CITY OF DENTON against any and all such claims 'anb } "demands. 4vI~.~»' r, it r T ` ~w f}.: y r~ . k~S~ f F rlY rye IX. CHOICE OF LAW AND VENUE j r; ~:r:,tr ti ~ This agreement shall be governed by law of the ..State- of Texas, and venue for its construction and enforcement shall lie > in the courts Of Denton County, Texas. X.ti S CANCELLATION k CITY and CONSULTANT each reserve the right to cancel WWWr fourteen this " ivin the other party r Agreement at any time by g g~ '0 wl- 4e' h j days written notice of its interttithetClTY cagieesf to ecopgipensate jr. is cancelled before completion, CONSULTANT for services provided and expenses incurred prior to. notice of cancellation. u r i 5 y, i ~f it1 ~J 7 ~f l PACE 3' r r ltt, . {r { : .,~'yR?y(y.~lr..Y,M~:I.itiJYV9sJV ►f+~r , " I 1 ; I I ~y~y~..~ri ~~..{{~j +t,,iy~r~ ~,y.~~ Mly~'S vSi~ ,•'f ~f 'f1':;r°~ ..r:i ~~r ,:"t~..~~Y~.,''~!~y~i.'~~,- 7~C~...j~Ar~.l,G11~M1?`~7"~YrS' ~'st`"l`4,'~f~''+4r`ir` flY%: p,c' i~,t i7+._r •:'r7 ?1 `•r_ . . 'C: r " ; \ III j XII. SEVERABILITY CLAUSE % If any section, subsection, paragraph, sentence, Clause, ! phrase or word in this agreement, or application thereof. to any person or circumstance is held invalid by any court of competent " jurisdiction, such holding shall not affect the validity of the 'r remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite }s any such invalidity. r 11 EXECUTED this the day of , 1990• = CITY OF DENTON, TEXAS ti,~ 1 1 ~ { 4 V I l ri~`}: . p' J -J ~ o' I .,X'I BY LO HARRELL, CITY KA A ER ATTESTS JENNIFER HALTERS, CITY SECRETARY tt { V .1114 ti { i KT. l ?'7. 1 rL APPROVED AS TO LEGAL FORM: »ci .r , sp q i DEBRA ADAMI DRAYOVITCHt CITY ATTORNEY ~r41• I`~+v t.. iS .i ay a'. j - ' tJ 'JE` i~ ~ ' t 1 t BY: O. 1' o Ono v ti~ ^ f r~ r yl.a A r ~ ~ ~ ~i Y DIPA DUTIA, CONSULTANT n ~ r BY : _ U,~z 3oCid1 see. # 454 - G5-1G8 i + i 4 I S DATE: 14 ' j r' r, PAGE 4 .c 1 ^ .....~r.r...r,~..._ ..r.. r 1 J I ' J , 11 Wk ,4n(r I t "l ' R u Attachment A t f ScoU2 of Work The Consultant shall render the following professional services as outlined below: 1. Determine the actual water and wastewater utility revenues and expenditures for the previous 1999-9o fiscal year. 2. Project the water and wastewater utility revenues and expenditure for the 1990-91 test period. ' 3. Complete a cost of service study for the water and wastewater } • S' ;off t ~ yi rate study allocating costs identified in the financial. analysis to appropriate customer classes. ,yN 4. Assist with the preparation of the Cost of Service and j Wastewater Rate Analyses document. s~ { 5. Assist with the preparation of the Cost of service and Water, Rate Analyses document. 6. Assist in defining the Cost of Service allocation factors utilized in the development of the water and wastewater rates. ~t The } ~yyti. ' Consu olnthisiContract Ce work on the project immediately upon S 14 t, ex''ecut s Ao, 4 1 6 r` , .~.Y' , File: DUTIA f `A r r• i try { i 1 ' is w r y'•' -.z 42~ I .Ly 1 CITY i. COUNCI: ; r; I i' 1, d 1 ; tO ~ `r i' f p} ` I J Y ;.i.. y" Y .I . n~~nru.~annn.n nn. n..wv ~n •u~_~~.-.. ~ ~ r.` f Ole- ~ ~ II F r PETER K. DUCHOW ENTERPRISES, INC. "MITTELMANN'S HARDWARE" WCATiON AGREEMENT NAME Oi=.;P)CTURE "MITTEI_MANN'S HARDWARE" PRODUCTION COMPANY•4~ to 11 Kr DOC E,N1Ei ~ ~ tt~lO PRODUCTION NUMBER 9954 We (I) hereby grant to you (which shall Include the production company and its successors, assigns, and licensees) permission to enter and use the Property, both exterior and interior, located at my nim. tuna IlAR uS R _ wrYTsvR9 DEMONDE~io~T~~S~~~Q~~~A~~ON., INTER CpRRIDQBJAIL1b201 LOCATION., INTER CORRIDQRJAIL. ("Property") and reproduce the Property elsewhere Including the name, trademark, signs and identifying features thereof (either accurately or otherwise) and record certain scenes and sounds, for the sum Of $ z,ooo. o receipt of which Is hereby acknowledged. There shall be no charge for construction, holding, . or striking.: You may at any time elect not to use the Property by tig notice of such election, In which case, neither party to this Agreement shall have arty obligatlon whatsoever. You agree, to remove any construction after completion of the work and leave the Property In as good conditionas when received reasonable wear ? 1 tut need not be, to movedor F ' 96d lowfrom itremoed or _ changed, must be replaced. changed, 14 a (sbbct to ochange n arnt of commencing or @ut~e~ esdarr,NQV granted ~ weather conditions ~ I abo or changes in production schedule) and continuing until completion of all scenes and a ' work required and shall include permission to reenter the Property for the purposes of I r° making added scenes and retakes. ' The commencement date contemplated above and any obligations of the parties shall be postponed during all periods of any W of God, fire, strike, labor controversy, law or govermental act which interrupts normal business operations or production of the picture plus such additional period of time as may be reasonably required to reoommerxe production of the picture. 1 You shall own all rights of every kind in and to the motion picture and other i 11 photography made hereunder, Including the right to utilize the same In connection with the production tentatively entitled:" Mittelnann'a Hardware" " and In connection with any other productions, In c any manner whatsoever, whether now known or hereafter known, in perpetuity and throughout the universe. (OVER) i I, r i f , You agree to Indemnity the owner of any loss and liability incurred as a direct result of 'any damage to the Property. We (1) agree to submit to you in writing, within five days after completion of the work required on the Property, a detailed listing of aU mod t property damage or personal injuries for which you are responsible, and we (1) shall permit your representatives to inspect the Property to verity such damage. You futher I agree to hold us (me) harmless from any and an third-party suits, claims for loss or ! iabiities for any personal injury directly resulting from your loss or fiabiities for any ,QQ i ersonal Inju directly resu ng nit our use of the P e Wi1e.#hGr or net sAh Iris caroccusha 9ftt~e,yrrg~lgCrXZ OOM7, rrs agwu o~ Neither we (1), the owner rFor any tenant, nor other party now or hereafter having, an Interest In the Property, shall have any right of action, including, but not Umited to, chose bases upon invasion of privacy, publicity, defamation, or other dull rights In } connection with the exercise of the permission and/or rights herein granted. j 1 We (1), represent that we (Q are (am) the owner and/or the authorized representative of said premises, and that we (1) have the authority to grant to you the permission and 'A rights herein granted, and that no one else's permission is required. ~ You agree to maintain a pubic liability policy for our mutal benefit which shall have a j unit of liability of not less than $1,000,000 each accident; such liability insurance shall ; I cover us (me) as an additional insured, but only as respects claims, darriages'or { 1 n losses we (1) suffer arising directly out of your use or opembon on our (my) premises J caused by your negligent ads subject to the terms and conditions of the poky. C7 Z-4 AGMED: 00177t A t; &rldnwd / or Authorized R presenlative ? , BY Name Sandra Palacfos-1'1u66e Printed Nam 215 s. McKinney. Location Manager Address j Title . Denton, Texas 76201 Social Security # or Federal ID # r Dated ' 1 ~1 i w , I 1 11 i ! CITY COUNCIIS t k s I f ir t 1 ~ t F` .d w. 14 1 ~r 1 1. ~ wla) ~ f % w I I - lei. I r WIND p i I p...... r CONTRACT AGREEMENT 1.. STATE OF TMW I ~t ' T COUNTY- OFDENTON I THIS AGREEMENT, made and entered into this 20 day of _MARCti _ A.D., 19 9Q by and between THE CITY OF UiMN and State of TI ezas, acting through of the County of pENTON LS,_YD Y PARR RiI thereunto duly authorized so to do, Party , , RdL rt Y K ll of the First Part hereinafter termed the OWNER and 4666i p n anx in8 TOYiANDA x~►NSAS 6T1~4 of the City of DENTON , County of DENTON and state of TUM , Party of the Second Part, hereinafter term ea` CONTRACTOR. t WITNESSETHs That for and in consideration of the payments and, agreements hereinafter mentioned, to be made and performed by the Party of the under thn,conditiona erprebaed is th t even ivit. Pa data herewith, 0WN ~ , tard he' y e . bonds bearing ' said Part of the Second Part 00H'1'RAC'POR1 hereby; F ,r# agreea7W th'the said Party of the First Part (OWNER) to commence and complete the'COasti'uctioa of certain improvements described as follows and all extra work in connection therewith; under the terms as stated oaIn' the t ands General Conditions of the agreement; and at his (or their) own propsr ex"nae to furnish all materials, supplies, machinery, equipment, tools, sufarintendeace, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the "conditions std prices stated in the Proposal attached hereto, and in accordance With all J the General Conditions of the Agreement, the Special Conditions, tie Yotica to 1 Biddera (Advartisem.ot for Bide), Instructions to Bidders, and the Performance and Payment scads, all alate, blueprints, and accordance with the and printedlor,b which includes all saps, p r CA- ; 0044b I ' _+4':4:11,v k•'.vra/.N1\1; M/I%13{~VK+1ilW 4~. M I written explanatory matter thereof, and the Specifications therefore, as prepared by THE Cif DENTOti STREET EPARTMSNT STAFF all of which are made a part hereof and collectively evidence and conatitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence ` work and complete all work within the time stated in the Proposal, subject to . such extensions of time as are provided by the General and Special Conditions. Th* %AMER agrees to pay the CONTRACTOR in current funds the price or, prices 'shown in the Proposal, which forms a pact of this contract, such ; PpyZeats to be subject to the General and Special Conditions of the Contract., IN wITHESS NHEREOF, the parties of these presents have executed this agreement is the year and day first above written. EST % CITY DEMN, TEXAS Party o t e Fir Y rt, OWU By i • . _ T.r nvD V. CITY K~MAGBR (SUL) .Y f 1TTESTt DUSTROL, Party of a Second Part, ,Wily r. - a Ti a F: DT DAN!(FRTI President fr (SEAL) Plt VEn, AS TO CA-2 0044b,. t. , .~..___~...~..._~.....:..:...,w..........---mow! ~~++•~..,..r++A+r•x+~h~~+.a.a.>.i.tiA+wAw.+awdt..'~:'g5 w..+...>.-... f PERFORMWE BOND j STATE OF TEXAS j( i E . k ' COUNTY OF DENTON ) KNOW ALL MN BY THESE PRESENTSt That DisbvI, Inc. of the City of _Tag&& County of Mier , and State of Kansas ad PRINCIPAL, and Reliance Insurance Company k , as SURETY, authorised 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, TEXAS as OWER, in the penal sure of ONE HUNDRED THOUSAND AND no/100 Dollars M00,000.00 ) for the payment whereof, the said .,Principal and Surety bind themselves and their heirs, administrators, executors, succeNtors and assigns, jointly and severally, by those preseatas 1diAW , the Principal has entered into a certain written contract <•with the O$MEB, dated the , & day of MARCH , 191L, for the construction, of A;r~M-1077 "RMaa"F STREET CONSTRUCTION ' which contract is hereby referred 'to and made a dpart hereof as fully and to the' isms extant as if copied at length herein, NOWg THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, 1 % , conditions and agreements in and by said contract agreed and covenaatad 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 w' obligation shall be voids otherwise to remain in full force and effects t f ~ r 1} PB-1 i ~ i q 1 i ► PROVIDED, HOWEVER, that this bond is executed pursuant to the rovision$ of Article 5160 of the Revised Civil Statutes of Texan as amended by f p acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this i bond shall be determined in accordance with the provisions of said article to the ease extent as if it were copied at length herein. i PROVIDED FURTHER, that if say legal action be filed upon this bond, venue shall lie in Denton_ County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the tens of the contract, or to thil work performed thereunder, or the plane, specifications, or drawings accompeaying I'f the same, shall. in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of tine, alteration or addition to the j 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 April , 190. _thlytr l Inc. Reliance Insurance Covany Principal Surety By Dr DM4KtXr ! Claudia ~1 ~11tc~ ` a eau Tile Attorney In-Fac title President « -t Address 'PO Box 30e Address 1200 Merchants Back el* T _x6 ~144- Topeka, Kansas 6b612 i ,{:;r (SEeL) (SFAL) f, The now and address of the Resident Agent of Surety iss Heal G. Clark Suite 1250, One Dallas Centre, 350 North St. Paul Street, Dallas TX 75204.4205 Morgs Date of Bond must not be prior to date of Contract. P b-2 ^r. 0091b 1 J 11. 1 7 RELIANCE INSURANCE COMPANY rir,e. HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY.* Moos on dulY orPnised undo the tones N the Sure of ►MurrylNnie. does henbY malts, constitute and eppo'rn idm H. Koger, John M. Koger, Jr., Eugene F. Kcnzem, Claudia J. Nadeau and E. J. Fliddyiger, indivilirally, of Tgxka, Kvlsas its Vve and Lawful Attorn@v4&Fw, to asks, .aeon, wel and dallier for and on its behalf, end as Its sa sad deed any and all bads and wdertalcfsxgs of Suretyship, ,o and the RELIANCE INSURANCE COMPANY thereby a fully and to ON sane extent r if eech bon* and undertsklnP and other w•itinga } obligatory M the w4rs danol wen sip*d by an Exec M OWwr of tee RELIANCE INSURANCE COMPANY and need and started by one other of such Wf mk and hereby ratifies end owfuma B4 thet Ice said AttomW IsHrrFact my do in pwtuance thereof. This Power of Attorney is granted under and by authority of Anita VII of the Illy-Laves of RELIANCE INSURANCE COMPANY whkdh beartw affective Saptardxt 7, 1971!. w hkdh provkions are row in full fora and affect, rvdtng a faiwoni: ARTICLE VII - EXECUTION Of BONDS AND UNDERTAKINGS 1, The Board of Olroctor4 the ►resdant, the C1rrmen of the Board. any Senior V'oa President, any Vke Pnaldiw* or Aa hwi Vla heaident f or other off low deslgretad by the Board of Direaon shell hoe Power and authority to (a) appoint Attorrwo4n4sa and to autAO n teem to execute I on behalf of the Cornpeny, bonds and undraklnpa, reoorgurosa. tomraeta of i Wei ,nhy and other owitihy obaigrnry N the nature thereof, and (bl I W ramow any ouch Attor"Y-letFea at any tines and fmka the power and auUorkV sic" to Nrm 2. ArtornsYairh•Fact shell hew Donner and author ty, tub;ect to the fames and ka iutiona of the Po" of ettorrwV bued to them, to execute and dalhw ea behalf of the Conhpeny, bonda and trrcdertakirhps, ncagniaanaa tontreUe of ihdetrhrhiK and other Mrkkh9a obGwtori ire tee area tfharecf^ The oorponte wal 4 not Asonary for the vOldity of any Ixxhda end trrdartekinP, recognisarhas contnctt of blown V and odour wrings obfgatwv in the rates thorse. 3. ArwmeysLrFaa "I have paw and authwirtY to execute a(Rdevlta "fired to be attached to bonds, recoWdufte a, ceatreas of n4stre nits or *Oar conditiorwl or obligatory urdertskInP and they shell Ow two pow and authority to trtft the Rrrndal Am- -rht of tee Comoen y and to wows a( the By-Lavw of the Company or any ankle d faction thereof. TM pour OF attorney is tipped end weed by NainiIs hander end by suderhy of the (swnrln0 ReeoWtioa adopted by the Bard of Directors of RELIANCE INSURANCE COMPANY at a wswirp held on des Sdh Clay of ere, 109, st wAkh • Qnorwn ewe Pi am I. and MW Pmo wn NO not been wrwtded or npae lid: "Aaaofwd, cwt the Ugneturw of alrch diectore and oRkra and the OW of the CorrpanY rfwy be affixed to any such power of attomay or any certificate rt" dww - o by Neinfi4, vw arty such power of evorretr or wtHloan bsa,*v each feairnita as sactoted &W cartlVed try NaW a Wvwttww swi calrNls wd *40 be v*W and bkbErq upon the Coff0"~he~ wilt rWM to arty bond or 1lrldartaktrhE to which le is attached." IN V61TUESS WHEREOF the RiLIANCE fNBURANCE COMPANY Iw reused these prnenn to agrwd by Plow" , VA Itsorporete Pow to y he crate rffkxed. Leta 27th ley of ALlgltBt 19 86 R ELI INSU Vice heeideM ' STATE OF P=WlYailla ) sa, COUNTY Of Philadelp3Lia On this 27th day of A gaBt ,19 84 pareorW y appeared RayMond Hadieil to ate known to be the VipPraaident of tee RELIANCE INSURANCE COAMANY, and ack""*dgM "muted end rtmtod the fore901ng katrtrment and affixed the seal of said eorporrtion thereto, end that Ankle VII, Sea rd S the my of rb Compn and tN Raeo4w tw. eat font therein, we still In NJ) fora. ' My Conrr+isslon Expleau Septehrber 28 , 1997 + Notary Pub!lc in end for sate a ivania Reddlry at Philadelphia { Ray I L. Lorah Ar ttant RELIANCE INSURANCE cowANY, des WOW an1fY thou tM above red foragoing b a true and correct copy of a Poor of Attarey RWANCE INSURANCE COMPANY, VAIch is Will in furl fora and affect. tN WITNESS WHEREOF. I hm hereunto to my herd and $Ni tf> a many this 5th day of Apr 1 1290. ' .tie. Assistant Seuatw / kOR-1431 Ed. it?g of r ~Y I i ~ 1 FF y ' ~i I ! i yi f i I DISCLOSM OF GUARAM FM NON PAATICIP"10N f i In the event the insurer is unable to fulfill its contractual obligation under this policy or contract or application or certificate or evLdance of coverage, the policyholder ( or certificateholder is not protected by an insurance guaranty fund or other solvency protection arrangement. r. Ji ~t This notice is provided to you in compliance with # the reViraments of Article 21.28E Chapter 21 of the Insurance Code as enacted by the 71st Legislature. ' ~t Fidelity a Surety Bonds have never boon included under + the Texas Guaranty Fund, therefore the preceding notice does not represent any change in participation. ! i < I J `i i, J I t 1 v 10 i 11 i T ~x.r• f, F r PAYKENT BOND STATE OF TEXAS COUNTY OF DE,WON_) KNOW ALL MM BY THESE PRESENTSi That Dustro1, Inc. of the City of Towanda County of Butler and State of Kansas , as principal, and i I Reliance Insurance Company authorised under the lava of the State of Tunas to act as surety on bonds for . principals, are held and firmly bound unto THR CITY of DENTON 0WHFR0 in the penal sum of ONE HUNDRED THOUSAND AND NO/loo Dollars (}100,600.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, adsinistrators) executors, successors and assigns, jointly and severally, by thea Amsentss 1 WHEREAS, the principal has entered into a certain writtea contract with the Owner, dated the 20 day of _.14AgCH , 19 40 $rnt 1077 LW AL OF STREET CONSTRUCTION EQUIPMENT to which contract is hereby referred to and made a part hereof as :fully and- tt. 06120 extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is SpCH, that if the said Principal shall pay all claimants supplying labor and material to him of a subcontractor In the prosection of the work provided for in said contract, than this obligation shall be void, otherwise to remain in full force and effects PROVIDED, HOWEYFR, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas to amended by the seta of the Stith Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same; extent as if it were copied at length herein. PB-3 L , i i r6F Surety, for value received, stipulates' and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work perforsed thereunder, or the plans, specifications or drawings accompanying the sane, shall in anywise effect its obligation on this bond, snd it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be perforsed thereunder. 3 IN WITHNESS WHEREOF, the said Principal and Surety have signed mad sealed this instrument this day of April , 14951 Dus rol, Inc. Reliance Insurance Company. Principal Surety by 1 p~ IYf~QANK By: i;laudia J. a ea Title President Title Attorney-In-Fact Address PO Sox 308 Address 1200 Merchants Bank 810. j Toirenda, KS 67144 Topeka, Kansas 66612 ,a - (SEAL) i ($Ebh) i address of the Resident Agent of Surety iss The nus and t ' t C1ark, ~Su 350 North St, Paul Street, 11, Neal 6 ~ 6s X 15201-+~45}2SO, One 6a11as Centre, oa11 T Pb-4 00926 - i _.....•+..«.rr r..~.KStFa- -~s,r!s.+ h aN..r..n~..y~r_..'.st st'4.-aAiWhY+u.u.wrswMa'-' r. y. r ,r i O , I { RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corpamion duly aronind under the laws of the State of Panmylvania, dosshereby fake, aoratitwa and appoim idul M. Koger, John M. Koger, Jr. , Eugene F. KCnmt Claudia J. Nadeau and E. J. Flickinger, individually, of Tgxka, Kansas Pte Irw era lawful Anorney4&FK% to frko, exscuta. OW and del hoar for "an Its behalf, and to lam and dead any Wd all bcrAs and undert4kings of Suretyship, to bind the RELIANCE INSURANCE COMPANY thereby a fully and to the new exaM r it Wth Cade and uedertakkps end other vwi6nps j obihpatory in the mown eerwol were slirad by an Executive Officer of the RELIANCE INSURANCE COMPANY and soled cued cheated by one star of Shah alfiars, cued hereby ratiriw and confirm all that in mid AttorrAvIsHn•Pact my do M pweuena hereof. , This Power of Attorney It Vwtwd wrier and Cy authority of Article VI I of ill By-Lam of RELIANCE INSURANCE COMPANY which blame { effactire Septernber 7,1!7!1, okith prov4ioms an row in !Wl tare and affect, rndkp as foram: AATICLE V11- EYZCUTION OF BONDS AND UNDERTAKINGS 1. The $and of Directors, the FreddaM, the Chs*6r~ of the Bard, any Salvor Via haaldent. any Via PrssideM or Asalstam Via Prssldmt a other of fief d"Waied by the Board of Dlnatort shall hen pawrar and ww thwity to ia1 &wow Anoneyt4wFaet and to wthoriu thm to execute as behalf of the ComfwiY, bonds and urdrtwkirgs, retopn1mves, oomrads of k lawAo and other wwkinps oblgnory In the stun dweaf, and Ib1 to rowww any shad'h Attornev-WFset at My *m Md revoke the power and eutharity Oven to hies 2. Attonwi- n-Fact "I hm power and authority, wblact lathe tear and imiw6om of the power of mamey NuAd to them, to exoam i era ddFwoo bahW of the CaaVv y, Conde and undrvidew. remprh svwwae coMrsKa of kWwmky and Oder wrWho ovieatay In the nature tM ve. 714e Mrp"s mail k fat naoaatery fa the walldivy of any bands W4 widertahinpa, raapniz n owwom of kderehnkV cued other ewitkhpe oW*tory In the Maws thereof, 1 E 3. AnatnoyFin•Faa shag have goon and wthwity io exmita aMdewhs rowlead to be attached a bonds. recoil isanca„ oorwacta of kdew► nny a rtlw ooeditbnal or oblgaeat hx+drekkhP an6 they shell wlea have powMr and wUrorkV to artih the ftranaiat sat#Amk of the Company and b copies o1 the By-Levee of the Company or any much or section thereof. 1 This powr of attorney to tipnad all soled by laakriIn undar and by autfarity of the loPowtr+p Raeohfion adopted by the Board of Directors of E RELIANCE INSURANCE COMPANY at a fwtkp MW on the ft day of 44m, 1079, n vAlc h a t wwwn nee Ilrasah4 and said Roseludon had net boa i I W Wed or rapwaiod: " "Rwhed, ell the drmvm of such d'naors and officer s and the said of the CwV" fey be affixed to any ouch Is*~ of mercy at any crutiata rviatkp tiaras by fadnxM, and curry such oowr of anorrey a oanifkata bwifl sud faWnNla y alpetwm or faaknila mar shell be WW ww bkduhp ~ the Company rhd soy wch 0war a ueeuted and aariMied by i fsaimik sipe+etwm cued laalnyle cal shell De rMk a d bkhmnp upon ell Osmper+y N the futhwe hxidh raePect to any bond or S wdertahtnp to which It Is arts"." IN WITNESS WHEREOF. the AELIANCE INSURANCE COMPANY ton auaed these presents to atpned by hvtidaM, and kaaapaaa mar to °Y be hereto dflxea. this 27th day of AL1gUSt 19 86 1 RELI INSU E Via heaiderht ~ STATE OF BenraiylvwA Ia. COUNTY OF Philadelphia On thle 27th day of Al*Mt ,19 84 personally Vposrxd MWCnd MaCNeil to me It am to be the VKOlrnident of the AELIANCt INSURANCE COMPANY, cued adhnowNdped execvtd and atte the forwh p krCwnent and affbed the heal Of rid tOrpanliarh tharvto, and that ArticN Ylt, Seca and 3 ell my of mid Conwerh arhd the Realu• ,h tion, eat forth therein, an still In lull fora. My Cotnrrisslon Expire: " Septeinber 28 t@87 Notarv /wllk N end for stn. of lvania Ra"no at Philadelphia PAY L. 1rOT8h Amirr.nt SftNw RELIANCE INSURANCE COMPANY, do hereby artitV hen the above I, and loes"imq is a taw &-A correct copy of a Power of Attarey d RELIANCE INSUFIANCE COMPANY,nhich k "A in fug fora and affect. - IN WITNESS WHEREOF, I hen Mrevnto tat my tall and wfli nr this 5th doy al ApP 1 1990 • ' a011•1e31 Ed, 6/70 Aj,, ArinsM SearwrY • F. i I r II I i 4 DYSCIASIIAS OF GII~Y FM My p]1RTICIPII?IOIi l In the event the insurer is unable to fulfill its contractual obligation under this police or contract or application or Cep holder i or evidence Of coverage, the protected policyholder certilicateho aa►~y fund not othersolwnaY _ } an insurance guar protection arrangementa with This notice is provided to you in compliance the the requirements of Article 21.28E Chapter 21 of Insurance Code as enacted by the 71st Legislature. A Surety Bonds have never been. included nounder tice " Fidelity ?undo therefore the preceding the Texas Guaranty rticipetion. 1 does not represent any change in pa -i I l It r. 1 1 S - (yy PUR NO DEPARTMENT R E C h I Y t [1 4 BID INVITATION City o oe on FEB 2 6 1990 901- To a St. u17 OF DEMON, TEXAS Dent xa 76201 DUSTROL 1J~ Date FEBRUARY 19, 1994 BID NUMBER 1077 BID TITLE RENTAL OF STREET CONSTRUCTION EQUIPMStd'!. Dustrol Inc. Sealed bid proposall ww be rsoelwd until 206 pim P: 0. Box 308 FARCE 8 19 0 Totfanda, KS 67144 Purclus u the office of the nq Agent. 901.8 Texas St., Denton, Texas' 76201 For additions! Information owaa Tom D. Stew, C P f,A ASW AOW j Office DIFW Metro 1 at7b6ad911 11117-MOU2 1 INSTRUCTIONS TO BIDDERS 1, Healed Wd proposoU must be rscslved In duplicate, on this form, prior to opening date and time. to be corufldered. We d p,opossls will be relvrdad unopened. L bid! shat! be plainly marked as to the bid number, named the bid, and bid opening data on the outside of eomprdtNy" ? p yslsd envelope, and mailed or delivered to the Purchasing Department C'.y of Denton, 901 •B Texas St;i Denton. TX':'.' 76201. a Any aienKttad artkt0 dMattng from tine sperlrleetlw,i must be Wenliied and have full dtxxigtlve dais aecorrtpanykg wtw;'« h will rot be oonsid od. 14 .1 L All srlala sn to be Quoted F09 Denton Tax", dNfwred 10 tM t1o« of ft waninouse, or as othsrwrile indicsteQ `1 t " Q The ally of Dmlon, To" reserves the Aght to &WW separate items in a bid unless OW ApM Is darted by the bidder, t acceptance, the City of Denton, Tsxu may at its option !fold the aocaplsd bl0da/ or oontraciot ttabia for any and an resultant kwnased coats as a penalty for such defauR E i. The City of Denton servo the right to reject arty end all bids, to w" all infomaitfes and reQ remain In farce f« a uke that aubNtted blQe sbrtY (sq day period after opening of until awed Is nsWe; wtniehawr Domes first... IL The quantities shown msype approximate and could vary according to the requ"ments of the City of Denton throughout the contract period. r 9. The Itsrra w to be priced each net. (Packagktg or shipping quaMitNs wli be ooraiderad.) . A The Pumhaskg Deparlment assume reeponslWllly for 1M correctness MQ clarity of this bid, and afl Wormatlon andfo( "artlons pMalNrq to this bid shah be *Wed to the City of Denton Purchasing AgML' 11.: Myattsmpt to nogotlato or Informalhn on the contents of this bld with the City of Omlon or "a rspr"W:Ilh* prla to award Malt be gonxids for disquWcatlona . ti The oonQltidns and forms of thit bld wit be oonsldond when eratuatkV for awed. ) j 11 TM City of Denton Is axompl from all IOU and excise (axed. (Ankle 20." ~'W.x.,r. G'~A 1.-.1+. :gyp 1c si a~~K•. vahr...v.ti r+ -Kr:t~ , i ~1 M F,• I ' ' BID NUMBER BID PROPOSALS 1077 CRY Of D"10M Tap M11 Taw St Pane Of j REM Pi DOW&MM Dwft% Taus 78'10f 2 5 4 f DESCRIMN Ct1AN. i DAILY RMAL RATE 1Heater - truck mounted, radiant heat fired 12' z 2 ' ,Propane D per day ~ 4iaeuleted overt ' la, Mobilisation charge to include delivery, and pickup each I loading and unloading as required. 2. Heater Scarifier - truck mount, radiant heat Profane per day fired, 12' z 24' insulated oven, carbon tipped teeth - ' 2a, Mobilisation charge to include delive sa well as loath r'7', and pickup each ng and unloading as required. . 3. Distribution Mixing Recyoler - meter liquid, carbide tooth mixing drums ~2) Per day vibetory screed. , reversible augers, 4 3&4 Mobilization charge to include delivery, and pickup each j f as well as loading and unloading as required. ~LP' } Laydova Machine - barber green'SA156 or Squai ' per day. SdO~a ` Mobi do on oh lisaas lcedang6,eenQ include dslirie As will 1 unloading 4j and pickup each a~ 1; t 5.' Pasuaatio'Rollr. ` Clas4 B roller Y/waters y !5 :,a t 4 s Dec! dajr 29~ t ;5a~ lsai~loed rgi, toinolude delivery, en3 pickup dad f T4 idg and unloldie i' E•equired 8 4 /DD%r C ; `.i. an x dod Steel Roller ID 12 y,r i r ` f,j oa W Valor 6a.'. MoDiii2sion charge to P* 'day" w , 1 ~ include delivery, and pickup snob ` ; ' ; 3 br as well aa, loadlrg and unloading as requiesditf` ;'lOD~i'• TOTALS r 1 WOO" 1M eDbMS c 0. wed b O MOn. twe' SfJpnNnt can r in a otMhip M+dlattad days from NCalp! of Woo Turns ft66 t , I , N ev0a" tfN abft bK UN vendor Weiss Mal boop4arroe of IWOnaDle p1AOa b1 Uit1e'oOIVd tuM a oonfraot 1?M wed his of dl Dld Ifami by tha Ctty, bf . Dei tli , M Mn' a t j ~epow ee o<op.ry D~ alpn and a un►.d t No' bo>l 3b8 his" AdiiNU i z E 'oo--6.rV"oitoll iAfto J44,MU,.;4 4,I.C~0 iVw-ANra.rw:.,>.exr..-.-., r~...:,•.e,«. .r.r t7 Yui'FI•Y+i.I4 ~,u wMi..'..t.MM•a~r,q~NM+w.~~ r Y'• • r , _1 FF f..:.... BID N UMBER 1077 BID tttiiPROPOSALS P'99 of r car a o.Motir pue ~ Taw St 3 5 } hYMut~q Dap T owrtm Tax" t'tM r ITEM OEWFUPf" MAN. PIUM A )4$M / 7• Killing Kachine - track type caterpillar 450 or per day ` equal .1 7a. Mobilization charge to include delivery, and pickup each 2- as well as loading unloading as required. s~ 8. Liquid Tanker - 6,000 gallon capacity minimum per day 5D 8s. Mobilisation charge to include delivery, and pickup each ' as well ".loading and unloading as required. Jp' 9. Pickup Broom Mobile T13 or equal per day 625.4 Kobilization charge io'inolude delivery, and pickup e • . ~ soh as SO.~ r . Well a3 loading and unloading ad 'required. i 10. lfatsr Truck- 10000 gallon capacity w/pump capabilities per day 16i Wbiiisatloq charge to include delivery, and pickup each O0 ad dell as loading and unloading'as required. Mini-Mill Catepillar itP75 or equal with i8" drum, AA4 ila. Kobilisatibn charge to y j include delivery,,, and pickup ? as W. as loads and unlosdt 7. ng t1g as eequired. CL ~f ¢ a HO'1 (1) Allr¢bicer must',iriolude gdslifled operat s ?sib uch'''piDa!t u ' t. t, diI' bait rm t~ t~ ~12y ,1 ~J i efoneear.4froslr 'date of awards ~1+ it,e' t TOTALS - < -77 Denton. Taut 09~ Can bs made in days kaa r untetlaoW 04IM ~dat wW b ratpt a crowama eufio 4 r r [ bid tNf1Mbfe nworiebie patod"ef ttme w~dor apnea ph, popMtyyprlob, Of Ornt6n, Taxae epl~A a r A' ontracC v46WOMW &ditopow nw t t* an . IlprNd d MNO. yr rates r , , r MAN A"" T f. i Tu1Rat0. ks 61144 `i L~ I►o) 53fo i226Z ~r,e,~r=- :t , OF y t f M'~bQ'kilMiMiltRYiiCCLi ilw:~~isaa•.,a,w.A„Y.is,V wruly:J+s,:4I+r:M7Ny i f, t I` I ( i 7dY J Bid Number L077 SYSCIPICATIOt13 page Of Purchasing Department s City of Denton, Texas i This bid is for the purpose of determining the daily rate for the equipaivat and operators for the street reconditioning process, inaluding heater scarification and profiling of specified City of Denton streets. All work will be performed under the Seneral'diriC'ti6i"a6 the 'City of tom Street Department, Janes Corbin, Stleet Superintendent. I Al 1 ! l the projects are made up of several individual street rirconstruction pro~eets:an& t f I i btll vary in number of dare necessary to complete. Rowever it ts:tQe inte' of W n year. ~ I id to establish prises, terms and conditions that -must be held fira• for one { iron data of award. The following terns and conditions s6a11 prevail: to The bidder. must furnish the listed equipgent.as A. rtiais+um: The City ets[f "I.4eternine that additional equipment is neceessry` to maintain a 0uffLot04t ( schedule; and the contractor mist agree to supply such equipment as requested. A. Hester - truck mounted, radiant heat, propane fired, 12' x 24' Insulated f 1 N oven. bi Heater Scarifier truck mounted, radiant heat; propane, tired,>120 z 24' insulated oven, csrboa tipped teeth scarifier. ? :aixiri . oyales - meter liquid, (2 'Oarbtde 'tooth , k C4 Distribution MixiJig Ae , able augsrs; ribetory screed. dross' - reve'r's down lSaoal no bartier green SA150 or equal„ ~ D,my 1 - g. Pneumatic Roller Cla"'a roller 41AM,ter. s 'c Y rt` PTendai.Steel Rollers 14-12 .ton wlwater Y i4 ' or, egw, + ar 450 1 flirt` llaohine took typ..saterpi1 i ~y f' H ;Liquid tonkor - 6,000 gallon capacity sinimuls , or al Mobile' Tt# e i pickup Ooom qu 4 water Truck 10 OOq gallon capacity w/puiip capabilitlee , s ` ieion Vitb,tull,deaisionhbakidg DlQde r cruet furnish fulI tins on situ' eu p erir" i } 4 autt>beity: concerning lice shes;ts, oquigneat,'~.and operas,g 'rs ; tti a iuperi►; rgr ~us1' be ibis Elo, work With sad. under iie~" geaaro. I;~di~Miop.of , th pity > p e"'x$ apaaifi6ii t ulti3-6'ns t Of~;'Dentonr.se'-tff slid to v6spons! e t 4 j in fh k of `aquip4 out is opitatars rlith p't8 to f tad` to this' proSect. 4 ~a3 41 11' y „ dsYs; er asekl4~toeday',through { mee ~p m prod 3, Bidder ¢taired r ii to (S Y,:spto'ial~'tely8honr's er day' a, d mintaih,daYi~u uc- iaeida' hoot the course of t is: p gat. ti pg r. v ty.aa afficLoney thtou 1 l Bid Number 1077 SPECIFICATIONS Page 5 Of Purchasing Department _ City of Denton, Texas 4• Bidder suet agree to assist City of Denton Street Department personnel as directed within reason and within normal expectations of the equipment. g. 5. The actual amount paid will be based solely upon the number of days worked for each piece of equipment, The City will pay for actual days worked at the,, rate bid. 66 A work day is defined as eight (8) hours per day. Variances over or under.. this defined time period will be prorated on an hourly :rate agreed" upon by the.City of Denton Street Superintendent and the successful contractor.,-, ' 7: gquipment committed to this project *v ill the,i►ork' site, gill not be removed while the particular phase to which It is assigned is underway without the a ' ific approval of the City of Denton Street Superintendent- + A. Successful bidder must have all listed equipment available to move onto 'the job site and begin work three (3) working days after receipt of notification to begin 94 Succeseful bidder must be able to submit references: of previous ' Work' performed in this type of project. if requested. The City',of. Denton elafly `i reseiwes' the right to determine the bidders qualifications for ihia projeot : 11 sad to accept or reject the bids based on the bidders ability to perfore the-, `-tb ;k. i 0 Invoices will b4i upon oapletion >i ti 'City o !emus checks within 'ten (10), of # ,l pgrforebd. specified DrO~~ t It ,receipt !e the of CAe l` cean"66p ~ dt ! anca of . the cork r Al., Pa*"t and 'perforsanoe bonds must be submitted la r nUKM asaunte of s , =tOO~db_0 and renewable 'for ' eddilional' inoresbnts in ;':like a6oiigti,: as i; :K 44ditl6nal"inov er~e ate are assigned. 12. , Thi attaebid . contract' force of 1' up P bond rfore~sncs toad and ti lniuCaaei s o fioa~ ~ r w haai ~d>a rbe''c ie, mad turned to', kbd City 0f' DAA~OA` id a0 `iior+ > t tea after notitiostioa oC bid aaisrd, 4 r 60 i 17. "A pre-i c De e rtrsnce wile be hold boated at290 Purohassent Confersnos ' L n 1-8 lexaa,!9tt'eet'~beatong1.. % I4. The City'of Dentoa, will furnish the necessary,` support"staff,;traffio'.ooatrot r 111k all nt ne to 'complete each eded oeisted equipme project. 'R 15. The eu~'ceeetul bidder agrees to furnish all fuel and siaiatedhacefor the t o erorsauipsient+'ae well as all payroll' tasuraaoe 'and~'beoefitsor toe; ' P J ' « .The''.City of Denton will furnish the propane fuel necessary for the operatic'' i b! the beat related equipe*nt. a r . 2b39e 14 l "Oman . kr. AWdMIb•IMt.ua'....rrv~.~_.._wr..~ .r b. it ~nr . OrvAy, , • i I ji Ole- V_ l FF CITY OF DENTOx MINIMUM INSURANCE RZ OIREMENT'S 7 0 INSURANCE: without limiting any of the other obligations or liabilities of the T Contractor, the Contractor shall provide and maintain until the contracted Work Denton, O and/or wner, Mattheerial minimum has nimum Insurance been completed/delivered and indicated accepted ti hereinafte the City:`o! ; r. . . Satisfactory certificate(s) of insurance shall be filed with` the Purchasing Departmoint prior to starting any construction work or activfties to deliver . material on this Contract. The certificate(s) shall state that' thirty ,06) days advance written notice Will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number an; title o!'the proj*ct should be indicated, and the City of Denton should also be listed `on all policies as an additional named insured, To avoid any undue delays, it is worth reiterating that': o Thirty (30) days advance written notice of ~aaterl&l Change '!,or cancellation shall be givenr a The City of Denton shall be an additional nailed insured on all policies. r < i I. workaeA's:Compensation and Eucloyer'a'Liability. , +i This insurance `shall protect the .Contractor' . againat , all_' cWas under „aapplicable ;state;, vorkaen scompensation' lavr. The Contractor shal1 ed ls'o 4iisroWt sgaiat olaias ;tor in jury, disease, C or death of :`4splol+eia which, tor' S, f. any; reason"-. lay„ not: to]l, Within the' p'rovisiofis of 'a' vorkben~s, it ion iaw.~ e Tlie' ilablli`tr Halts shall not be less thane + r 0 Rdrk~een!i Coapen'aatiw - Statutory o Employer's Liability - Statutory y' rehenii4 Automobile'LlabilltY. ;This insurance shall, 6e vrltted An I :co*prehensiae'form and shall r protect the Contractor against all galas + fdr injuries !o eseoDela of'the publio and damage to property of 6t_beis iing heal the use of motor vehicles. iiceoeed for high vey` use, -vba6or they e ar owned, nonowned, oc birCd. The-liability,limits shall not be less'thans O Acombined single limit of $1#006#000 h + It11 ',C_olaprebsnaive Cenecal Liability. This insurance ssiail be written In comptebtaslVe fora and shall protect the Contractor4gslns't ail 'claims << ;~ri;iny from injuries to members of the public or damage toproperlyr bf actor or; hie' agente,,employees or subcootra tors. omission" of tbe` Conti ' CI-1 ,S r - r•Y'~~.wYL' '.~!ti1RmGdls+aaf:k.iY..~Mti.sw..+.-rv....,.:~..:.r,.,,.r:..yr....a.;~..'d„<"•:-<~.iJ r.r. ~,.+Yli ia. M-iii?4rLi.:..i5a1+NV.i/YO:.b:.vWN ~irM~l.i'•~•~•~ „ F(P Insurance Requirements i page two To the extent that the Contractor's work, or work/under, his directions may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion j relative to blasting, explosion, collapse of buildings, or damage to underground property. f The liability limits shall not be less thane o A combined single limit of 411000,0o0~.; IV. Owner's Protective Liability Insurance polio. This insurance shall' 1 provide coverage for the Owner and its employees, ,in the name of the i at work Contractor. Thi T ims'~ a also'aincludes iof the being bybthet 9 ~ lability artai nq out of the omissions or supervisory , acts 'oE .the Orraar. although this insurance is strictly for the bonefik of the Own* r,''the Contractor is responsible for obtaining it at his expbnse. j The liability limits shall not be lees than: 1 I~ 0 A combined single limit of #1,0000000 iNSURUrct sais[Rxe 3 The Contract.'shall provide insurance s k"i perlad'oi ,iao!nq t>o;Eaaility p tion and ~c[ttdglte6tlh :md,'Unll;j[i! s 4 t tiie,WthC acilitiea are completed and`aocepted foropi'it1 rt~b' 't~f3f e~' jr ar>b;~irltten potice:of`that fact hasfbiia fisuad;Dy thi:OwC►► iov "l 'ti'e t>ii Owner. shall not ia` any' way ~y ~ iii""t~e'2 Y p' telisve,oJece y f< of 1 Atta obe r` faun r !i, e>fpr ip un o ' 'doe , ea d op . ~ly e' diraF4 t nol 1,A 1R,asway repr0sont that the specified, limits o eTff6ili r i_4 of ;bovgr ,o x 1 policy;.. ficiehf'of ad u pro er forms are su! eq ate to tecc the -Tntiras!i'IiAbiiitiie; r of the Contactor. the Owner shill be,given a N-tificate of 'insurance ifidicating',tAit,all of ';the above ipolicies and the appropriate limits are';,ifidted 'enfoi'c2d. 5 The • ' iedlceto,tbat the Owner -willrenewalbe (given 'qt leas E thirty i; ,,certiYicsste'ahail xrltt~nalso notice o f cancellation, satirtal ch (3(ilhet;rea dayuired insuRar~'' lity for, one o!".a+[~tge o ! from an deductibl_eQe Provisioneipcosit ' drpajie n~► dose; resulting Y r conditions of the, is or ~ot • b in anrowork+untillf re[ inr has `'r'eyfeyr `ntrector. ` ` ',conltaCtota and a,proi~ theinaurandel certificates and 'so notif Lod, ,the ill ' , ~dSfeCtly n ? 3 Vtitiaq. Any hotic* to proceed that 'IN issued shell` b*i,suoiect ~,to such + appfoval by the owner. } OWN a .r:~ yli dl'taKiae74 Y1rt►~✓yWiatY..<w r„c~/.as+.SkK~iFr^ir~:,•',~.~iYtJ~'i.14ir~ r j ~I FF 4 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 an eaployee 'otthe' City;;of Denton, Texas for the purposes of incose'tax, withholding, social." s ity taxes,. vacation or sick leave benefits, workerls cos nsation or iny,other City employee;benefit. City shall not have supervision and control of Contractor or any".'employee;:of ; 6ntractor, • and it ilia exPherd y and r according ha t Contrraotor is all . - perform the- sere o the'_attached specifications at the general direction of the City,t~anager of'the ' I C~ty of Denton, Texas, or his designee under this agreement. INDEMNIFICATION Contraot'or shall_ and does hereby agree to inde E liab litY tof nyt kind whatsoever a any r asolial age to fand hoi, or er or abilit" Y of injo 'Y,. P P Y or, third persons occasioned byr any error, omission or nAgligent"act , of Cbr,traetorits officers, agents; employees, invitees, and other 1 persons 'for whom it is-legally :liable,, with regerd,to";fhe F pertoraance `of thi's Agreexent, and "Contractor Nil1, At its cost'and ` expense,. defend and p~'otect the City of Denton a aihat any And 'ail n { such olailms and demands. 9 ~ - w n ,•1 it a CHOICE OTCW AND i~BNUB j s agreement a all. be governedt by, la4;,of' the. Stat$ of 7~ekas f T aid venue . tpr ' i~ ' dostruction' and enforcement .'shall ;l,f, in ;th9 cour~i of Denton' County;' Texas c 1 r:~A AC1CI110i~L8aiBllEWI; ' DUSTROLi. IMC~ r' . batilCSR'}1, p i t~52D CI-3, Ir..vA'..:. i.-w~l.R:-.I I'..~ti,. sc.. ~..aa...,c .:..:..r.I.~vN.'.,`aI►4+~,•~KLlP~~/L•e6.'p~lA~~<f~~Al~h7R AMr61 . ~i JLrr 05 'S© 15:06 CALLr PY DaJGLPSS 316-775-1832 P.2 CEXTIFICATC OF INSIMIA" r • ' CITY OF DMON as wA A44rtaa of AgwKy City of Owlion RON I Car N))awav. rbijg2ass 6 associates. Inci prolao't Maness Std 11077 P 0 Box, 310 Frojwt Not juste,, KS 67010 thwaa 316-775-f121 /roJ.at leeattoar Managing Cu'tr mead M rags of l*$wodr Coopealat Affording Cowryar Dustral, Inc. A OF&0 P 0 Box 308 Her or nsumve [ Tqvw)da,_X5_,67133 t 3 }6-.536-M2 C ' T1rta IS OWtl,fy fk4t,Pat14140 at Iesw wo Itated Wow ken basa law ad and art In fora at %la ttsa. isaY T fw,(ratio* Llad+% el Llablllty I t.a[s aaKa1 uabn lty JW 7164100 - ~ Claims Mode fsa /L-rwarW Wily INwy : w0ow Faru to laalrrdn repo tr NOW ~ ~ ~nalaslOpie'atloes 1 1 ap«d Ot Contraatoo 2 Nt+edueh/Capftitd Oparatleaa tlodlIy Ialvey arrd PooW1y Cenfiraeaotwlj LI Itity taaa /t-wows. ; - F>lloaloa aad C°Ilapr Matara Canerel Aggregate ?,000, 2 - tl a`bbl1 cor..ao. Products/Caap Ops Aggr to 2,000,00 - + F~I.aaal Llr ~tyet w 1S c mrsal Pe ~sonal h Advertising mrs rrefa WOUN ssrim t?rrves/Ctttslaa Fire OMn>epe(AAy Gne F1 J 50,000 k -claim us* n-r+rwrsea Wd4jje (Any fw Aatlasbtla) fAB12542512 00/ IlWily IN1 wy/lAwsa I ~ Lt~#~s f/9! tiodllY wy/AoeldMit 1 ad Autombll°a Prow# come" ~ X~Autos+obl tas . "I red Avhmb I los a~ lnjwylpnw Hy ;130,000 I 019E+0111 + • _ . Iem, arw ?7N?AJ?08 f 11119 } 'St4%" Mown 500, 000/ bpt& hlablll?y M Est , I a~iD~ atrlllty LL61254251468 )0 $20000,000 Each Occurrence f/1/91 2,000,000 Apgrapate lrtlta of lamAm iM}• exRIpl1°5ef'LfO°d as I" lahrwt my 1$$30323600 O D01165 to gate of Texas Au 1 ltc /f TB r ! s airYwke's °ea;i ir Po cy aAA es o State texas mod 6/3/90 c ny cr LhMrii, 77x114 ' PJKW= AM 901-8-8 IMI i 1w r.- nx M MV PL-A ar~.rrTM i CrFNIdIr 27C 7i6a71, 1rr^a (r m • „ P 1 1 1 FF F t 4 i ! CCHDITICHS AmmaWAL 1MEM The city or Dentm, its elected and aEpainted dric s, omcers aid o0ojem Mds dm mt apply to iimime3 Caopmdatim1 t !tM Cr CAC7JAIM friar to any eeberial charw cr arrxllat M- the City of t Dmtoo wUl be givm 30 days advance mitre wtim called to the stated adds+ess d the i' t i' CattW ate alder, City of DenEin. 1..~ O RACIML a (Ltabilitq assned by amt:art or 'aod mould not oaarwi a edst). The ooodraotvel liability redneloot sba+a m the rever side of this Certlf'lcate d Irsureo xm u3jw Coolydmsiw Caul se Liability " 'oust incli:ie a detdtk n d wmm brae1 eoai~, t4 Fiw>Ae usage ftr cbliatfocn asaaed by the omtaacbw in ft rPtexa~oed r } i i 'RU Certlf CkG d InsrM= Ss pg I&d req,ttred by the gwmiM s ' omMect. by ft ~2. a Aft ma POIJLT ftm na*divd Period of cow It w tlhebeodioaOrect,twWned plus of VIC oae , , 1bUadig [k~tailas Contlaaua ownt;ge &r the Ufa, piler ' 4tio ptvrliie axe<aep fbr *g*itr pec'icdl r , aS1i a extended diia+ery t ~ ? P tw tw a aiaiaw Ct 5 ]wa,iW& ah lZ begia at the and ct the 'ft Pe+' 5 3.' F~IM~U_v~i>~• ~I311t ay~ is all `omt:ar4a thbo~E,.'kdve `the~oba~~p~~cy} , f. ~.'Sit3 tka I'dito-00" 4w l liyR~ailt ~~r!,. $1?!)4 1~ lf. 1, 17, }S r G, r t~ rffhlj}rJQ~~~]. ~alriRri!!j 1 / ~ ~ 1 J l Y I it _ JI t 61 ce to adzvetix+ee ot; P s ~T tidth reepxt ~ to fi'g' 'dip ~ Y . ~P'enC _ t y . T ; k 1 1~ 1J 1 Y i ' I y it ~ ~ ~ Celiled thA cf Pire ASd . r 1 - 1~ r ',r„ • v ' .+-r 1'; • E~Lriti.~'j.18~LLiy X(, ;Yf .1.I+ . } ~ r I ~ l rr '1 r Y.r 'S rl Y_ Y fl, ,1 t t ~yrte.. CT-9 r._.._.n,~~,.,n,..~Mw....~M...~+... Ur+.+r ..1 ii Y I' 1 R I ' IT COUNCIL= 1 t. ` r; r' 44 s* I I, I lr ' f 413 ~~y} , r~'. ~ A tdr ~ i c w t ~ f r ♦ 0 ~~'J ywit 1Y ~ r ~lath i ~ y~: rt 7 Ivy, y1 ~~/r r I ~ 1 1 2> I ~ ' n t y 1 P > IrY, y' r I - EXECUTED COPY .s ' CITY OF DENTON, TEXAS WATER WORKS IMPROVEMENTS SPECIFICATIONS 'AND CONTRACT DOCUMENTS FOR' , A, INSTALLATION OF` RAW WATtF PUMP NO. 3A' AND~f~ISCELLANEOUS.'REHAB 7 LtITAT'ION t i . B WATERLINE CLEANlN`G FACILITIES t > A C: PIPELIN','CLEANING ,t " 81D'NO 9976 a..,. S , . ~Vr r, d i • L 1 t r ~ ♦j a>=s„ Yj t \ SSt ~ rM1+y L .'1 kl < S ~t y r n > 'A b f'f~ • ~r ELI n:~\ ~'f 1 { 1: . 1 i Y / .p _ , 11 ry 1 7 !I ~N 1, , ~ r 1 5 i' V r kT If l t a t . a f V . ;4t♦ 1 ' ! f,e ~/!i _I•~ 1, 4- iY t''. . e , ! ~1 l [ht { t c I b: t 1' S 1 n 1 a t f 5 ' t,F ,ti t' , ~'f ~ . i 't 1 v,r t ~i~ ~F 'R r1 ~f C r h ! Y r ! 1`~~.~ t F 7p t i e 1. r J~~4~ .T''•1 t ~N ! Y~. r a ;}•y yK.l \ `r ;t r f~ , Cy ?,ice 7~.RIN~S r E Afi . I '~ISGiNtHGI`N; E DIX 710 I 4,0 r 1, f ir" ~ 6 V . ap ,L + VA"I rF t CITY OF DENTON, TEXAS WATER WORKS IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR A. INSTALLATION OF RAW WATER PUMP NO, 3A AND MISCELLANEOUS REHABILITATION , t e B. WATERLINE CLEANING FACILITIES C. PIPELINE CLEANING BID NO. 9976 F ti~ }~4yk\1 i .If •r t pl ;JV1 I i 1r. t l+~ MARCH 1989 r Y_ . 1 1.I ` 7~ r t r r. ar k r FREESE AND NICHOLS. INC ¢ 9 ` : 11 CONSULTING ENGINEERS t DTN87107 r , 4 + r , j Pe 4 ,1 ~s CITY OF DENTON, TEXAS • DTN87107 I E A. INSTALLATION OF RAW WATER PUMP 3A ` AND MISCELLANEOUS REHABILITATION _ B. WATERLINE CLEANING FACILITIES AND C. PIPELINE CLEANING i r Table of Contents PAGE Invitation for Bids I8-1 t: Instructions to Bidders J Wage Scale 00100-1 -r WS-1 Proposal 00300-1 Minimuie Insurance Requirements CI-1 Certificate of Insurance CI-3 , Contract Agreement e Performance Bond 3 R, Payment Bond General Conditions GC-1 ~E jl SECTION I Sri 1 Supplementary Conditions 00800 General Construction Requirements 01001 t General Equipment Stipulations 01002 , i Basis of Payment 01150 3 Trench Safety Sys" 02224 Water Main Cleaning 02651 Miscellaneous Metals 057,10 ~a Painting 09905 r<: ' Hoisting Equipment 14360 ;,Sr? 'r installation of Prepurchased Equipment 15050 a Steel Pipe and Fittings 15061 Galvanized Steel Pipe 15065 Miscellaneous Pipe 8 Fittings 15078 Motor Operator for Existing 20" Butterfly and 14" Plug Valve 15105 Air Release Valves 15117 Eccentric Plug Valves 15132 Slanting Disc Check Valves 15133 Pressure Gages 15172 ELECTRICAL SECTIONS 1`I General Electrical Requirements 1600(} i Wire and Conduit Systems 16100 ' Electrical Equipment 16150 Medium Voltage Motor Control Equipment !6182 All 4 APPENDIX - PREPURCHASE AGREEMENT DOCUMENTS i r , (8 MGO Raw Water Pump No 3A) r !1 Irv N F f • tl V , f. _ !III f' FF ~ ADDENDUlM No. 1 CITY, OF DENTON, TOW BID. NO. "7b t SPECIFICATIONS AND CONTRACT DOCUMENTS A. INSTALLATION OF I RAW WATER PUMP NO.' 3A AND MISCELLANEOUS REHABILITATION 8: WATERLINE CLEANING FACILITIES ,f Ce PIPELINE CLEANING September 28, 1989 The following changes and/or additions rshill be. , Contract Oocumtents: ~~'a part of the . P this Addendum shall. be acknowledged in the aPpropriete sppaace"in ' r ~eipt ofsal snd noted Proposer on tMµ: front of the sealed envelope cM of ning'th 1NVITO l6i. FOR BIOS cm"e: ! 'until 2:00 P.W Taesday~ October 3, 1989' a ` 'until 2000 P,M.0 Thursdays October 12, 1984' END OF ADOEl" NO. 1 . , s 1 1. ` AM.1.1 OTIIlefi07* a ' V 1 1, : t 5 j .~.......w a m.,.'......a.,.....ern.r..n.'...wataW~.~a's~LLl~Vh~M.L~YYir."NliYta~ ' s f Fli R r i II ADDENDUM No. 2 CITY OF DENTON, TEXAS BID. NO. 9916 SPECIFICATIONS AND CONTRACT DOCUMFY7S A, 3NSTALLA7ION OF RAY) WATER PUMP NO. 3A AND MISCELLANEOUS REHABILITATION B. NATF.RLINB CLEANING FACILITIES C. PIPELINE CLEANING October 31 1984 Bids to be opened 2:00 P.M., Thursday, October 12, 1989 's . The following changes and/or additions shall be made a part of the I i contract Documents: Receipt'of this AddenduM shall be acknowledged in the appropriate apace in the Proposal and noted on the front of the sealed envelope containing the Proposal. 4 INSTRUCTIONS TO BIDDERS Page 00100-21 Paragraph 7.1 Bid Form (Proposal): 'j Delete: Contractor for Part to be received well ahead of estMat items." Page 00100-31 Paragraph 12.3 Award of Contract: Add: r •The Bidders may (in addition to their base bids for part A, B and/or C) F provide a deduction to the bid prices it awarded an indicated (by Bidder) combination of Parts At B and/or C. Such a deduction will be considered in the evaluation of bids." 17ADD.2-1 DTN81101 y X 1 f Fi 1 r . Page 00100-4, Paragraph 19. ;Add: "19. Vendor Compliance to State Law y Ali Bidders swat complete and submit with their bid the attached form entitled "vendor Compliance to State Law".** BID PROPOSAL Page 00300-21 Item lb. i3 Change` str "and blowoffs in 27" and 20" lines" To. "and blowoff outlets in 27" and 30" lines" * Page 00300-2, Item 2b; Add; `This item also includes a blowoff outlet on the 30" line.` Page 00300-2, Item Sb: Replace with the following description: i "Furnish and insta11.2-12" blowoffs at the pig insertioa point and 1-60 woff at the pig retrieval point, including pipe, valvee,.valve'boxes' :etc`,.... Page 00300-31 last paragraph: t Replace with the following: f "She undersigned also agrees to perform and substantially complete the work covered by the Contract Documents for Part B of the Proposal by February 151 1990." III it k~.. ..1 A i v ADD.2-2 WN87107 1 1 f' r i i 01001 GENERAL CONSTRUCTION REQUIREMENTS PAGE 01001-21 PART B: Change: 'two 6" blowoffs" To: "two 12" blowoffa' Page 01001.91 DESCRIPTION OF PROCEDURE FOR LINE CLEANING (PART C): h< Add the following: "The Contractor shall monitor (with the use of a continuous pressure recorder) the pressures on each pipeline throughout the pigging operation, The pressures must be monitored by the Contractor in at least two (2) locations on each line (for a minimum total of four (4) locations), one at the lake pump station and the other at approximately Station 193f 0. The 10 Contractor shall not exceed the pressure class of any piping within the system at any time. Two pressure classes of pipe exist within the system, 1.) 150 psi from the l&ke pump station to approximately Station 186+00 and, 2.) 100 psi from approximately Station 186+00 to the water treatment plant. The Contractor shall furnish and install all material required to u meet this requirement (including, but not limited to, the pressure kF recorder). The Contractor shall also provide additional personnel and radios as needed to monitor the pressures during the pigging operation." "The orientation of the retrieval wyes is being modified as shown in this addendum; and the possible procedures shown for pigging need to,be f r modified accordingly," 02651 MATER MAIN CLEANING t Page 02651-2, Paragraph 2.02 GATE VALVES: Add the following: "Gate valves larger than 12" shall be in strict accordance with AWWA C500, latest edition and shall be manufactured by Mueller, MiR, American-Darling or Clow. All valves shall have a pressure rating of at least 150 psi." Page 02651-3, first Paragraph: Delete: 'who has been manufacturing pigs of this type and size for at least five years" n~ v*y o,, ADD.2-3 DTN87107 I ~~I 1 I 1 j, { i 1 r Page 02651-41 Paragraph 3.02 DEWAIERING: Replace the second paragraph with the following: 'In order to dewater the two lines near the puce station for inserting the pigs, the Part B Contractor shall install 2-12" blow offs at the pig insertion wyes as shown on the plane." Replace the sixth paragraph with the following: k:. 'The Part C Contractor shall be responsible for dewatering the line for insertion of the pigs.' PLANS: Sheet PC-1 of 2: All references to the two new 6' Gate Valves and blowoffs are hereby i changed to two new 12' Gate Valves and blowoffs. Add the attached blow-off detail. Three new blowoffs are required (2-12' and 1-6')• Sheet PC-2 of 2: y` Replace 'Plan - Pig Retrieval Piping' with the attached drawing, The: orientation of the wyes is being o;hanged as shown. All other drawings or references to these outlets are herby correspondingly revised. 1 ~ Ian , I n. f% ADD.2-4 DIAliv 4 !3 j S M r RECEIVED CITY OF DEHTON PURCHASING 1990 AN 19 N 2 05 S VENDOR COMPLIANCE TO STATE LAW The 1983 Session of the Texas Legislature passed (louse Bill 620. relativeto the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of- state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas ' resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks is Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will autocratically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident ` bidders by state law. A copy of the statute is attached. }j lion-resident vendors to _ LOUfsjs}nA (give state), our principal place,of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the. State of ioas:: Q BIDDER, k jtin Contractors Inc. By, Kari D. Hirsc~eY ' Compsay (please print s C 16131 Airline Highway Signature: _ Won Rouge LA 70817 Title, Vice President City State Zip please print J TIIIS FORM MUST BE RETURNED WITH YOUR QUOTATION I ~ s a i v ,i i VENDOR COMPLIANCE TO STATE LAX I 4 yl , The 1965 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, Bon-resident bidders (out-of- state contractors whose corporate offices or principal place of business are . outside of the state of Texas) bid projects for construction, improveneats, t supplies or services is Texas at an amount lower than the lowest Texas resident bidder by the sane awount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a co"" cable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks is Section A must be filled out by all out-of-state or non-resident bidders is order for your bid to s,eet, specifications. The failure of out-cf-state or non-resident contractors to do so will autonatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in Louisiana (give state), our principal place of business, are required to be percent lower than resident • bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in'tbe State of Texas. D - } I BIDDERt, Cajun Contractors, Inc. By, Karl Hirschey f Company (please print ' 1320 Greenway Dr., Ste. 620 Signature: Irvfng, Texas 75038 Titlet District Manager City State zip (please print c THIS FORM MUST BE RETURNED wlT11 YOUR QWTATIOM ~r.l l . BLIND fCANGE 90•.8EN0.'IFL0 FLGI (ROTA , VAL VE BOX ! r CONC CYL P/PE 3 =8' 90!, ND 140~~X`l N r: W/ RETAINER GLA ~l540psl. COIyC 'B~'OCk/NG . f ' '3 Sq. fY ~Af~EA ~#0/!INST , ! U11DISMRBE0 EARTH O . .0 1. \AJ '~fLtiNGED OUTLjET pt t, r , RETAINER *AND , GATE 17L VE:If'LG x.`M✓I ILI I( F7 / _ t x' ' OFF * ADDEtiD1~N~° G.l. BLOW TAl 0e ' NOT TO SCALE ~(,Ry,.~iYitAil.ciU.wrcYl1.JWao.waf..sr:+.+.n.e.4M:f.'a+n:...n, i:.Ytd.+:.y.Yei.t t A!/ Y cwe .a4Y ~1 ~ I1 1 1 l ' CZ RAILROAD 3 2j i REMOVE 36 FOOT S£CnoN of P EA7S7ZW 30' CCP AW REPLACE QLl WITH OUTLET AS SHOWM « 4E ki M «3a OPEN DITCH TO p >1~ o Q 3 RR DITCH TO M y ? ARAN ac W H~ ~1W000 ~1' H 12' 2' 6' 4' y QI y k 36'/ O ~I k i 4+ 30'/ 30'/ W 6- U& low NORMAL FLOW 3610 SE£ OUTLET DETAILS ° s` BOTH PPEUWS 6 - • • • a. 2W-1 APPROx R.O.W. y k 3000 V 30'0 ayke v I ' MW 27'1 W N PROVAX DITCH 2T/ I6' MAX. 2 2 MIN. TO VRAW CL OSURE REMOVE EXISTING 32 LF PC 27'CCP CONTRACTOR TO LOCATE EX/SM6 NOM JMrS /N 27' PPE AND M RIM TO DO Nor SCALE PAPS- FABRICA TOR - RELA 77 VC LOCA710N REFERENCE' TO STATION OF 30' OF 27' JOANrS PROVAAED Ct OS!/R£ APPROPRIA TEL Y L OCA MA PLAN P/6 ME VA L PIPING SCALEr Ps / 0'-0' ADDENDLOA No 2 OCT 3, 1989 DTN87107. 1 ~ f (4"e 0 f ~ ew Nemmw re.~ i INVITATION FOR BIDS Sealed proposals addressed to Mr. John J. Marshall, Purchasing Agent of the City of Denton, Texas, will be received at the office of the Purchasing Agent at the City of Denton Service Center/Warehouse at 901-6 Texas Street V until 2:00 P.M., Tuesday, October 3, 1989 for: A. INSTALLATION OF RAN WATER PUMP NO. 3A AND MISCELLANEOUS REHABILITATION 8. RAW WATERLINE CLEANING FACILITIES C. PIPELINE CLEANING At this time and place the proposals will be publicly opened and read { aloud. Any bid received after closing time will be retut-sed unopened. f Contract Documents, including Plans and Specifications, are on file and may I be examined without charge in the office of the Purchasing Agent, 901-8 Texas Street, and Director of Utilities, Municipal Building, Denton, Texas. Copies of Plans, Specifications and Contract Documents, may be procured from Freese and Nichols, Inc., Consulting Engineers, 811 Lamar Street, Fort North, Texas, upon a nonrefundable deposit of $75.00. . ~ A cashier's check, certified check or acceptable bidder's bond payable to the City of Denton, Texas, in an amount not less than five (5%1 percent of the bid submitted, mast accompany each bid as a guarantee that, if awarded C the contract, the Bidder will, within fifteen (15) days of award of I Y, r contract, enter into a contract and execute bonds on the forms provided in t - the Contract Documents. 1 Attention is called to the fact that not less than the prevailing wage i rates, as established by the City of Denton, Texas and as hereinafter set i forth in the Contract Documents hereinbefore described and which are made a part hereof, must be paid on this project. Performance and Payment Bonds shall be furnished as set forth in the Instructions to Bidders. II ,f. In case of ambiguity or lack of clearness in stating proposal prices, the City of Denton, Texas reserves the right to adopt the most advantageous construction thereof, or to reject any or all bids, ani waive formalities. ` No bid may be withdrawn within ninety (90) days after date on which bids are opened. Minority and small business vendors or contractors ate encouraged to bid any and all City of Denton projects. i CITY OF DENTON* TEXAS Bid No. 9976 To-,,r.-J. Purchasing Agent St ' a f` F w7m, F ' E i INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined n t e eneral Conditions of the Agreement have the meanings T assigned to them in the General Conditions. { 2. Qualification of Bidders. To demonstrate his qualifications for the r Project, each Bidder must be prepared to submit within five (5) days of Owner's renest written data as to the Bidder's Qualifications such as j financial data, previous experience, list of available equipment, and evidence of authority to conduct business in the jurisdiction where the project is located. 3. Examination of Contract Documents and Site 4. 3.1 Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect performance of the work, (c) familiarize himself with federal, f state and local laws, ordinances, rules and regulations affecting performance of the work, and (d) carefully correlate his ! observations with the requirements of the Contract Documents. Bidders may contact Mr. Jerry Roush's office, 817/566-8267, at City of Denton Water Treatment Plant regarding site visits to the Raw Water Pump Station and the locations of the raw water pipelines. 3.2 Before submitting his Bid each Bidder will, at his own expense, perform surveys and subsurface investigations as he may deem necessary to determine his bid price for performance of the work within the terms of the Contract Documents. t7 3.3 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every ut requirement of this Article 3. 4. Interpretations. All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Repplies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the bidding documents. Questions re ceived less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal wl•itten Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5. Bid Security. Each bid must be accompanied by a certified or cashier s' check or an approved Bidder's Bond underwritten by a surety named in the current list of Surety Comppanies Acceptable on Federal Bonds' as + published in the Federal Register by the Audit Staff Bureau of Accounts, E U.S. Treasury Department, for the sum of five (5%) percent of the amount r 00100-1 L r ~ Y~' i~~ 4FF~r w - r. r 4 I of the maximum total bid as a guarantee that, if awarded the contract, the { Bidder will promptly enter into a Contract and execute a Performance and Payment Bond on the forays included in the Contract Documents. Certified or cashier's check shall be made payable to the Owner. 6. Contract Time. The Owner requires the Contractor for Parts A. B and C to coop ete a the work no later than the dates indicated in the Proposal. Provisions for liquidated damages are set forth in the Supplementary Conditions. 7. Bid For* (Proposal)-. SEE ADDENDUM NO. 2 7.1 Bidders shall use the Bid (Proposal) forms included in the documents for each contract Bid. Bid (Proposal) forms are to be left attached to documents in same manner as received by Bidders. Supplemental data to be furnished shall be, included in same sealed envelope with Proposal. Bidders may offer Proposals for either, or all sections of the Proposal (Parts A.B. and C). Bids are to be received well ahead of estimated pump delivery so r.' Contractor for Part A. in particular, can place orders for long delivery items. 7.2 Bid (Proposal) Forws must be co"leted in ink. The Bid price of each applicable item on the form must be stated in numerals. 7.3 Bids by corporations must be executed in thi corporate name by j t ' the president or a vice-president (or other corporate officer j accompanied by evidence of authority to sign) and the corporate j seal shall be affixed and attested by the secretary or an s assistant secretary. The corporate address and state of incorporation shall be shown below the signature, 7.4 Bids by partnerships must be executed in the partnership name and } signed b, ;a partner. his title must appear under his signature and the official address of the partnership must be shown below the signature. 3 ytfr~ r+;> r 7.5 All names must be printed below the signature. +t 7.6 The Bid shall contain an acknowledgment of receipt of all Addenda F (the numbers of which shall be filled in on the Bid form), 7.7 Bidders may bid separately on Parts A, B or C. The Owner reserves the right to award contracts separately for Parts As B f and C or any combination thereof. 8. Submission of Bids. Bids shall be submitted at the time and place indicated in the In Cation far Bids and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the z Bidder and accompanied by the Bid Security and other required documents. per ; 00100-2 1 + - i• mom I i i ~ sI I fi- g. Modification and Withdrawal of Bids. Bids may be modified or witfidrawn y an appropriate ocuaent u y executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. Bids may not be thdrawn after opening of Bids for the period set forth in the invitation for r Bids. te on for will n tibetconsidtred.nandaxill 10. 00 inB os Breceivedidafter such s will be time e B s. be returned unopened. 11. Bids to Remain Oven. All Bids shall remain open for the period of discre leaseFanynBidaandnreturnithe Bid Security priorfito that date. ' time stion rre 12. Award of Contract. 12,1 Owner reserves the right to reject any and all Bids and waive any and all formalities, and the right to disregard all nonconforming or conditional Bids or counter proposals.t 12.2 In evaluating bids. Amer will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed ii ' requirements. and alternates and unit prices if requested in the Bid forms. He may consider the qualifications and experience of „y Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which i the ntity of Subcontractors and other persons and lementary 1 ' organizations must be submitted as specified in the Supp Conditions or Specifications. He asy conduct such invest yyations as he deems necessary to establish the responsibility. qualifies cations and financial ability of the Bidders, proposed Subcon- N tractors and other persons and organizations to do the work in v = accordance with the Contract bocuments to Owner's satisfaction ~k within the prescribed time. Owner reserves the right to reject d of any Btddcr who does not meet any such evaluation to : the Bi Own er s satisfaction. ~h Ll 2 aY 0 12.3 if contract. or contracts, are awarded, they will be awarded to the lowest responsible Bidders whose evaluation by Owner he Owner that the award will be in the best +'Y indicates to the interests of the Project. The Owner reserves the right to award it _ separate contracts for A. B or C. or any combination thereof. 12.4 It is expected that the Owner's evaluation of bids and award of ` contract will be made as set forth in the Invitation for Bids. .r: The successful bidder will be notified by a Notice of Award which } may be a letter or telegram. time of completion is very important and failure to meet completion schedule will subject 00100-3 t -.I Ole- 1 ~ ~ 1 I I i the Contractor to liquidated damages as provided in the Supplementary Conditions section of the Contract. 13. Execution of Contract. 13.1 Each accepted Bidder,, within fifteen (15) days after formal notice of award, shall execute the formal Contract Agreement and required Bonds on the forms prepared and submitted by the Owner. 13.2 The Amer • will issue a Notice to Proceed authorizing the ~ . Contractor to commence work. 14. Wa_ ee Rates. There shall be paid on the project not less than the general prevailing rates of wages in the locality of the project, which ! prevailing wage rates have been determined by the Owner in accordance with statutory requirements. There is included immediately following these r ` Instructions to Bidders a schedule giving for various classifications the minimum rates as have been established by the Owner. 15. Sales Taxes. The Owner qualifies as an exempt a ncY Pursuant to the gr i proofs one' s' aArticle 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, and is not subject to 4ny State or City sales taxes. The Contractor performing this contract may purchase, rent or lease all materials. supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lien of the tax, said exemption certificate complying with the State Comptroller's, ruling 195-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comp- E .r troller's ruling #95-0.09 as amended to be effective October 2, 1468. f 16. Performance and Payment Bonds. Performance and Payment Bonds are require or each award part o this roject and shall be provided in ' accordance with Article 5 of the General Conditions. kr#~_ 17. rebid Conference. One week prior to bid opening, a prebid conference will be held in the Purchasing Agent's conference room on the ground floor. , The Engineer, together with members of the City Staffm will attempt to -y answer questions that bidders may have. The time will be 2:00 P.M.. September 26. 1989. c + 18. Federal Identification (lumber. On Page 00300-4 space is provided for the bidder to insert his 'Federal identification number'. This number is required and is the same as the bidder's company income tax identification SEE ADDENDUM NO. Z <y END OF INSTRUCTIONS TO BIDDERS r ' 00100-4 - _ . 9 CITY OF DENTON PURCHASING DEPARTMENT DATE: 8I0 NUMBER: BID TITLE: Sealed Bid Proposals will be received until 2:00 pan at the Office of the Purchasing Agent 901-8 Texas Street, enton, Texas 76201-4 1 BIDDER NAMEa John J. Karshall, C.P.M. ADDRESS: Pur< rasing Agent (817) 566-8311 SST WCT10NS TO !UDDERS 1. sealed bid popossle must be rseefvad In dupMCata, on thle form, prior to openirq date and tirm to be eansrduad. Lau i propostls will be. Mutnsd unopsrwiL Bids shall be pfainly marked as to the bid number, mama of the bid. and bid opening dau on the outside o1 coniplet" ' ! } f sealed envelope, and mailed or delivered to the Purchasing Department. City of Denton, 901.8 Texas St.. Dantoo. TX 76201 f - 3 Any subrt*W artkls datatlr* from the speoilkatione must be ident{ftW and here fWt deeetlpt'va data a worn vying erne or it wW not be oduldered a;, 131 - l AN maWlab scat to be q wlad FOS Denton, Texas, denim to the flow of the waral oVW or a otf+arwtee freak aim. a S. TM Chy of fjsnft , Tap reservea the e4ht to mr pt separate items in a bid unless Vile rW3 is denial by the bidder . , t S ki case of W &A after bid soaptanoe, the City of Demon. Texas may at its option hold the aeceptod bidder or eombwor rx aabae for any and aN rest hon trlrlaeaed coats e a t:arWty for such defouil. v ; + t 4 fi , 7. The cry of Dotson reserves We rWd to relea any and ale bids. to waive aA inforrttaiMn and repuva that subntittad btaa contain in force f« a sixty latil day pow &W o0en4,q of umll award is maOK wMCMver comer Wait. , a The awndbes moan maybe approxtmaa and could vary according to that requirements of tlid City of Denton .rx ~f thmi.ghow the contract penod. t' % >L Tits U" sea 10 to l><tda0 "Ch not trsdta4k+q or eftippMq quaiiMu" wM be consrdareda 10. TM PYRt1YMtg OetieftmMlt nVo M feaponsibi ty far ter OOYOM M and clarity of No bd, and AN kllonnaft andbr oxtood a "Aainktg to Oft bat eftaN be dWWW to ft sty of Canton Auohssing Agent. { I ,s7w ~ 11. Arty attsimpt to rtegbtfata or glue kfwnWfon on the conlems of Iles bid with the Gty of Canton or its nprpantativ" ~ :j' prW 10 sxwd OW be giwrtds f« dlequaWkstlons. 4;. } 12 Tftra oortditlorta and tanha of thb Did wile D• cortsAKI when ovaluating fw award. k rt I 1t t t t3. The CHy of dwon,ts exempt from ale sets: and excise tae. (Article 2o." , 4H ' i. • 1 Yyy.NhV44lMiMhiYIi.4.wY LiHYi►+.•. ca:. w.~.. r:.. .'..'n ..e • ll .a r r. . { i f polo- { F ~ k f SCHEDULE `B' ~t CITY OF DENTON MINIMUM WAGE RATES FOR PUBLIC ENGINEERING (HIGHWAY/HEAVY) CONSTRUCTION AND t UNDERGROUND UTILITY CONTRACTS ned by the City of Denton, texas, in deterai e rates below have been Th accordance with the statutory requirements and prevailing local wages. Overtime shall be paid for at the rate of one and on-half (1-1/2) times the ' regular rates for every hour worked in excess of forty (40) hours per week. } Trade - Craft Rate Per Hour Classification 1 $ ' Air Tool Man Asphalt Heaterman 6.55 1 Asphalt Raker 5.00 Asphalt Shoveler r=' 6.50 Botching Plant Scaleoen Batterboard Setter 6.65 Carpenter 5.45 :t Carpenter Helper 7.05 Concrete Finisher (Paving) ! `x Concrete Finisher Helper (Paving) 5.50 Concrete Finisher (Structures) Concrete Rubber - 9,50 Electrician } Electrician. Helper 5.50 z' 14 Fore Builder (Structures) 6./7y0~ j r ' Form Builder Helper (Structures) Form Liner (Paying and Curb) 76.2S Fore Setter"(Paving and Curb) 4.50 For' Setter Helper (Paving and Curb) 4.50 forty Sitter (Structures) 5.65 fora, Setter Helper (Structures) Coma 4.00 r? Laborer j • r i Laborer, Utility Man 4.90 f'iY Manhole Builder, Brick - { Wchanic 65,7000 Mechanic Helper ~r .~Oiler 5.75 Serviceman It k.', Painter (Structures) i Painter Helper (Structures) i Piledriveman Pipelayer 5.75 W 4%1( J)k k" Pipelayer Helper 4.75 rY i ,c- NS-1 T ! J . t J awl 1 Few. Trade - Craft Classification Rate Per Hour Powdernan 7.00 Reinforcing Steel Setter (Paving) 5.00 Reinforcing Steel Setter (Structural) 6.60 Reinforcing Steel Setter Helper 4.50 Steel Worker (Structural) 4.50 Steel Worker Helper (Structural) Sign Erector Sign Erector Helper - Spreader Box Man 6.00 Swasper 4.95 Power Equipment Operators: Asphalt Distributor 6.00 Asphalt Paving Machine 6.95 Broom or Sweeper Operator 5.20 Bulldozer, 150 HP and less 6.25 Bulldozer, 150 HP 6175 Concrete Paving Curing Machine 6,50 7.4 Concrete Paving Finishing Machine 6.50 Concrete Paving Fors Grader Concrete Paving Joint Machine Concrete Paving Longitudinal Float 6.35 ; Concrete Paving Mixer 7,75 I] Concrete Paving Saw 6.05 Concrete Paving Spreader ,at Paving Sub Grader ;.wr Crane, Clamshell, Back,hoe, Derrick, Dragline, Shovel } (Less than 1-1/2 CY) 7.00 s f Crane, Clamshell, Backhoe, Derrick, Dragline,-Shovel; (1.1/2 CY and Over) 7.35 T tl t, Crusher or Screening Plant Operator Elevating Grader Fore Loader Foundation Drill Operator (Crawler Mounted) 8.25 Foundation Drill Operator Helper 5.45 k' tf " Front End Loader (2-1/2 CY and Less) 6.15 ' yZi' V s` Front End Loader (Over 2-1/2 CY). 7.25 Hoist (Over 2 Drums) 6.00 i` a i Mixer (Over 16 CF) Mixer (16 CF and Less)' Motor Grader Operator, Fine Grade 7.551 Motor Grader Operator 7.25 ti Roller, Steel Wheel (Plant-Mix Pavements) 6.35 Roller, Steel Wheel (Other-Flat Wheel or Tamping) 6.45 }w;_ Roller, Pneumatic (Self-Propelled) 5.15 Scrapers (17 CY and less) 6.25 / Y 1 1 i ry y , WS-? s f '~iM'v1nLY1.. Yfy I.YIYnKIYI.VMM.Y.II.I/.r~~~~- r •5 3 Trade - Craft Rate Per Hour classification 6.90 i' Scrapers (Over 17 CY) 1 Side BON Tractor {Crawler Type} 150 HP and Less 6,90 f a '.3ri Over ISO HP 9.60 { Tractor (Crawler Type} Tractor IPneunatic 80 HP and less 6.75 j Tractor (PnW=tic} Over 80 HP { Traveling Mixer Trenching Machine, Light nching Machine, Heavy 5.25 Tre I' wagon Drills Boring machine or Post Hole Driller Operator TruckDrivers: 5.35 , 9ht Single Axle Li " single Azle, Heavy Tandem Axle or See+i-Trailer lowboy Float 5.70 Tran3lt-Mix ' 7.15 ,g Minch welder N Helder Helper with all State and Federal Laws applicable to CQfrTRACTOR shall c0%Ply f 1' ,1 The such work. Bidders shall base their bids: on rates they rates. r: The above are minimum '-•;1"r expect to pays if in excess of those listed. The Of,MER wtntoftragesidar claims for' extra pay~aent to CONTRACTOR on account of payee 1 ified. t spec higher than those r t• 1 4 4 ~ 4r 11 ` %k•v..~ a, .,N±r la 'rt ~r l +a;I l~~j R"'y~p. w > U y J 1 r 1' ~ 1 a , r r r: r, ( t f 1 1 A 1187 j 'I fI ' ~ t f BID PROPOSAL y ! Dallas 1 Texas October 12 1988 PROPOSAL OF Cajun Contractors. Inc. ! iaga, A Corporation organized and existing under the I"'i of the State of Louis 4 a partnership cons4st4ng of N/A the business naive of N/A an indiWduel "T0: City of Denton! TexMa 11; Purchasing Agent., 'John'J~ rsha Attn: -Mr: Bid Member' 9476 ' FOR A INSTALLATION OF RAW.iIATER Puy AND PROPOSAE AACC ' MISCELLAIIEOUS REHABi L ITATiON ti B. Ito'WATERUE,&EMIW' ILIT1 ES 'PIPLLIME CLEAlIIN6' ' The W*rsigeed,Bidder pursuant to:the forego4n9 JnVitati,oo for"Sids, has eerefull~!'exasslrkd the,lnstructions.to Bid4ers, this Proposal, the S plre~sentalcCo+idi tf6ft 04e 1`04 ofl,ContriCi )1grel ~t w Bonds; the ; 6_eneral Cpndlttals of the,Ag J "i` -W i,~ a P~liAs. and i1 s,~Lhe:site''of thelwork, + ill Yidel necssr~, abor~~`;; _ _ t 19;;P~ t ++tools. ~af.£r1als~~srrices.~a~ld otAer 1 act inte► a 1 to 4dEnc sachl'riery lsf upon iyas eptance,,ibe`d3tin hi s PropControsal to ~ci1lie crisp Y s f 1 c - Df 60wa s ~ to e .j lt6h rotund 1 bon s~a ds,:aceo'041q to the .'res Jibed:for"ll for the _ ds to-+elt. , ;~',k~ .'Tollarf'1ng'pric ~ 1 antSq► Extarded a ` :Ite~• 1tea~ O striptiop and Qu I , 1 SuN Ai6tintl tlnit~ . A,aount h [ Luis Mo. rr• > e! R h r 1 '.l 4 Y INSTALL ~IN6 AAIf IlkO PUW `'3A M.M'ISCELUWEO+IS RENABlLITA Oil Mo. 3A and r111, Raw 1later. i fa. In ",m f k0l,tne rehabil i tlt ion kork'copplete as shown 'on the plans`and destribed;in the splclficat4cns. 1 L.S.' f, 1~8,000.44~ 00300-1 I r , RF Extended item item Description and Quantity Unit Mo. (Lump Sum Amount) 8. RAIL INTER LIME CLEANING FACILITIES i SEE ADDEMDUM N0. Z 16. Furnish and Install ppigging ryes. ' closure pieces, ud blowof s in and W lin nt puma station c: gg Point) I l.S IUA S NDUM.. 1 SEE ADDE 2b Furnish and, Install pigging ryes 27 and 'closure pieces in . 11 and 30' ' lines incl.udi,ng.Gate Yalves (Pig Retrieval point) I L.S. i M1A 3D. Furnisfi 04 Install, 2 - 3' air valves at treatment plant end I L.S.: . 4b. Prb"ide 3 pressure gage stations.. 1nc.uding taps 3/4 piping; meter. bo'x ' 1 osw'e. (rose bibs, 1 ca1ID'ratid pr ndtng runnessure galge; fncting tere s for A K ' 1 R s SEE `ADDENDlI$t 5b. Furris and Iitistall;2 p 11 statio of PAP endr ;s fsat dudib pipe'i~alves`and valve bows 1 L.S. i N/A 6b. Provide conc. slabat°Piggi etetlons V,rthick; 2w torso; i y q.e t»at646iocations~ or'. 100 T , s f '.400. sq. ;ft• I Los• 4 IVA...~.,_, 1. it Y i i • 1, f Provide trench safety measures is Y 7b. :$ecified I L.S. : MBA $tafdea , r 4 T`otAl'A1~oLit; PAT e! (10b) L11tE ELEAflIM6" C PIPE Perform pipelne cleaning`operat torsi 1 , id absu trnsurntetio~n,'pveht and ' otesWcomN r Unlcat an' per3oi~gal and reon(tAring equipment 5 ? and 'serevices, as *ifI" 'ill ;a re#uIt3 and'anow+ts as'fol~ows: 00300-2 `ice"`.. _ - _ . I I ' 1 t h f Item Item Description and Quantity Extended f l4~. (Luau Sim Amount) unit .lc'. Pipeline cleaning to obtain Williams and Hazen Coefficient. C 1 of 1200 mini" . 27' Pipelines L.S. 30' Pipeline L.S. SUB.TOTkq ITEM lc S M/A 2c. For increase in value of WW coefficient C above 120" in 1 addition to amount bid for Ito" ICS with ~&,i" a110+~Mee for J Cm130j.I0 points at $16000 y ;c overage both pipelines ~3S ~ _ i TOTAL AM M BID; PART C 1TOG Ic Not Aviirded. ` sifterfo 1 thepove t?toposil by + ; iNthinfittxn (45) days l±e steep of 1 . Noticb'of"k '~Fd'o1 contract 'the ~w+der#tgned but, to s r heC~btoii►d t t And :xi l furnish }pproved sore y; lol_ , , Agreemen + t+i fu1 ~ronance'of tehe.s e Contract Doc he , th ua~Mts for` the . th ' ' rewired by onds re not tx ted l Contract. In' the" ey'nt the' Contract r et e 41d nd b sec~i`i in the above set forth, the"~ta' '1 thin'the tiie amrtt ` otr ! (6+k 6f lit Bi becoax'.the property of, the Owner as,liquidated damages for the delay is ,to f acid additio"I work c'au4ed thereby to si 6tantiViI ly, cd plete ":i1 i work covered by these , rsi *T he undo fined +4 3 1 1990. ne Contract Doet"ts~for Part?A by id~x s n , r' ands tantlally' Ete the work uiMersi Jr`fom * Tie Prbpol I I Con so° covered by~ the Al ttict +QreesDocu'to pements ter p+rtr9 bt the y ~ ~ ry 1 s s;/yam -AD *See attached, letter dated October 259 1989. i I 00300-3 i i fk~~ The ~~ndersigned agrees to perform ind substantially complete the work ~covered by the Contract Documents for Part C by April 1, 1990. 1 Addendum No. 1 Recd 10/4[89, Addenduie No. 2,Rec'd 10/14/89 ' AddenduM No. 3 Addenda's` No. 4 Addeodus i0" Respectfully subeitteds Cajun Contras. By tors Inc* Attested 8y TPN)Tnt ame an e , c , J D~cote Exec. Y.P. L Pa de . ~son'`Rou f a. I0821 . `Box1'44 7 Oft r r i r+'I y {'1 r , ;ra ~ n ea on ration . i 1s 1'C f bidder (SF j orp~ 1 r` ! ~i11 in r th 1 NO__TE~ firciEa thempers. 1 nk aed 7: h r N1ftloi attar , • ' yy . submit c' ~letai P Pe , U' , r VJ ( . t 1 r, ~ r 1,. ~ asa ? I r~l t t ~ ~ ~ 1 ( 1~`f , y '•r . • ' JI M1 L t ~1 r JI 1 ' r ~ J .i 1 , 11 ~ i s r ' i F 003004 3 1 ~ _ . mow.... ....,r.n..ra y~~ t rL ly T _ RECEIu• FF CAM October 25. 1989 HWO of e: C" Oft c AtWd+ Office: P.o. 6a• 104 • Gem i1ag1 LA ms2lata P.O. Box S40447 . 009M Tx 7SW44V 4000 c4ftwwd @0o, Sts. A • Mats, OA 70M {aa1 suo1HS • fa Na 1sa1 xt,olfro (W 2n5as? • Pss No. Mq 2014m stn Noal1 • fu No. 12141 WO.1416 Director of Water and Wastewater Utilities i i Service Center/Warehouse 901 - A Texas Street U. S. Mail Denton, Texas 76201 Attention: Mr. C. Dave Ham P. E. RE: City of Denton, Texas Water Works Improvements ' Part A: Installation of ,F Raw Water Pump No. 3A and Miscellaneous Rehab. Gentlemen: 3 , Per your request Cajun Contractors, Inc. is submitting our estimated substantial completion date for the above referenced project. Due to switchgear delivery this project should''be substantially complete by June 1, 1990. ;~t! This substantial completion date is contingent upon contract 1 award on November 7, 1989 and switchgear delivery to the job site seventeen (17) weeks after Engineer's approval. Should either of S these be exceeded, a time extension will be requested. We trust you will find the foregoing satisfactory, and shall.be K pleased to enter into a contract with you on the basis of this a, )s,l{ 4i,_, ' latter. Please feel free to give us a call should you have any rice v' „ ti , questions. . t >a + Sincerely, 1 CAJUN M-ITRACTORS, INC. ~ t + ' 4 f j r. i Jim Anderson Project Manager 1 JA/kb cc: Chron J. Dallas office File ' Field ~ , r: Baton Rouge y~~,y~y~.~{~yfji~'~r1~4'.~uJiG-sal`:LSi'.-,1anrY,i..uN:.`.;r'1•:i%w;,r.?>.Yai 4.1',Y:.*:Li.'4<4VY1fI'J,'~Nd'Rr+..p~v~~~~J~i'~t~~,, t I1 ` ~ 1 i r; rH C I 1 f CITY OF DENTOR 1 • I MINNUM INSURANCE BJWrRS!(M f INSURANCE: J Without limitlag any of the other obligations or liabilities of the ! Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivsred and accepted by the city, of Denton, Owner, the minimum insurance coverage as indicated hereinafter. 1 Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certLficate(s) shall state that thirty (30) r days advance written notice will be given to the owner before any policy `I 1, 7, covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it 1s f worth reiterating that. r o Thirty (30) days advance written notice of material change or cancellation shall be gitent :h o The City of Denton shall be an additional named insured on all :a policies. 1 `s 1. Workmen's Comnensation and Imployer's Liability. This insurance shall f protect the Contractor against all claims under applicable state E ' workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for E t st rT' y any reason# may not fall within the provisions of a workmen's f a compensation law. 1 The liability limits shall not be less than: t +!}t o Workmen's Compensation - Statutory I I` Employer's Liability - Statutor y : _ No Comprehensive Automobile Liability. This insurance shall be written !n comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others y arising from the use of motor vehicles licensed for highway use, whether they are owned, nonovned, or hired. :a a The liability limits shall not be less than: o A combined single limit of $10000,000 III, Comprehensive General Liability. This insurance shall be written in comprehensive fora and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of Vie Contractor or his s. agents, employees or subcontractors, CI-1 1 i~JI.MWAJi.rvfM~R4wi[.~vVy~...~a.rv~...w.........-...~.~r. ....i.....~.... . a i 4 f~. 1 FF Insurance Requirements page two f To the extent that the contractor's work, or work under his direction, may require blasting, explosive conditions, or undetground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less thane tt, 0 A combined single limit of 3110000000 r IV. Owner's Protective Liability Insurance Policy. This insurance aba11 i provide coverage for the Owner and its emploYteal in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability ; arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the j Contractor is responsible for obtaining it at his expense. + The liability limits shall not be less thin; j I o A combined single limit of $10000,000 ' INSt1RANCt SUMMARY. t The Contract shall provide insurance to cover operating hazards during the r a s', r, period of placing the facility in operation and during testing, and until encb r Z. ' time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval 'of the +E 12 Insurance by the Owner shall not in any way relieve or decrease the liability i i of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage at. j: policy forms are sufficient or adequate to protect the Interest or liabilities of the Contactor. E r I 7.~~ i Again, the Owner shall be given a certificate of insurance indicating that all f ' of the above policies and the appropriate limits are indeed enforced. !h, certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of ! j the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention "j conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has. reviewed and approved 1 the insurance certificates and to notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner.` z QI_Q , 1 i 01/13/87 f C ~ / - F, 11 CUTIFICATE OF IIiPAMM j CITY OF KKTOM Naas and Address of Apwy City of Osetoo iM WW461 Perkins-McKenzie Insurance Agency. Inc.- "act Names i 9624 Brookline. Suite Project Nm Rgfnn Rnuoa T.a onano FAoM e~ hoJaro+ laCattoer k ~ sn~slza-aa MWAGIF4 Owl I m and A6Meas of Imuredr Cos9ae1es Affoedls/ Csvargst i i alun Cnntrartnra_ Tnc_ A St. Paul Fire and Marine P. 0. Rox Intl ton RnuQa L~ AA MAPI FAOM This Is to certify twat policies of laarranos IIsfed below have bash Issued aed are Is force at oils ties. ti,~iretla Limits of liability Ce*evluestw Oessral LtablIIty -Clair Nods foss /2-r+Marse) Wily Wary 1 Ilread Fora !s Isotedal Prow Dese" X Prow s shags X fredaCFU'CoigI" Operations dll IV Weery~ ►r" IV 1 X hrseeal ay A X Caetraefwl lla►t11ty lase H-revere) 666NA0024 7/1/90 Y ~Itlnds~l~ased~lls xldapse 11awd 1 X Llgkor LIabllll~y Covers" Fire Legal Liability, 500 X Fire LapI Llabllity (see i1-raverse) X timed Form P. eperty Oseep Frsfesstosat Erron/Oetastons . Glow - claims Sads fsas /2-rwarse) S i eelve. 1 rt+iesbI le 6edt ly laJwy/ftmm ll Ilty tledlly teJwy/Axidw x Awta. llot I at 666NA0024 7/1/90 F w 0~ A lladlly IRjury/}repar" Y. *1red Artasobtla +M CatllhYd $110,00 ' ' yseierN Comme"Olan sad ftatvlvey Armrest } s ^ ; terleyers' L ailllty A aUebrellaa Liability 566XD3824 7/l/90 $1,000 411-Risk Builders Risk and IhA Oweritflea of Operetloes/laeatlas/yebl hs The CIw of OWton Is ad8ltlonal nsrred as th laterest May ss daflaad ee ffe reretN Re. Ynstallation or Mw 1rater Rump No. sA and Miseellaneou aining Fac Li"-- Meaning, abilitatior. Waterline Glead, Ides WA address of C W+If144% 0e14W. M6189 CM OF Lt]QCl1, 'WS PUKFOSM Aft' CY ~ ~ gt)1.8 "MS a D" t s 'a ~ Dina Qr ~ al IAS CIA MOM ~ r4 • .yy ~ ~~A +~".~'~~ip~{isCi~t.k~?Wt~lfi✓i{at.wi~y''v+':b~~tiiWeusii.tnTi.;~ -0 1 1 CwmOm MMJTML nMM The City cC DWI= Ma elected and appodnW arid" drlc" ad 'APUV ee, ma dose not, apply to wrwsrb OapeostSm. ) » CF CmMLX =s Prior to air «ss =I l deem ar anwilatim, ft City cf written rotiae aaailed to the stow addseae d the Danbas sdll to vas 30 deW "am a OatlfUtm wider, City d Da tm- 1. U . COMM (Uabdlltp assmd by omtrat or aplemwty and sas]d :j oot otls:+dss as3at). no cmtractsal liability r"Nu m t 46M m the } - eewrse aide d ebia Certtfi,ame Of Ike 'miler Coapaetsssdre Cssersi t.tabiiler mat ladssde a ddldtsm at axw W ta'Cd eosins to prwlde oorasee fbr abdiOtlons massed b! the oastractar sa ms refaeat~oed matraet. ' ; r ibis Ceetlfimte d im xwm is provided as n aAred tPr Us 87mft omb7cL Contractual Coverage is subject to all standard policy conditions, specifications, and exclusions. 2. aADB HM PC = l4tb Aegdred WAW d mm +~e trill be detasaned by the rbibadsg fcffu lm . CYatimm ooYae~ ftr the life d the aonbrai 4 piss, me yaw (to pra►ide core~9e fbr tta tio. mq pwioO s ad a e tmied dLemmy , pmtA fbr a miWaea d 5 peas Qdm shiLU bWn at the aid d U* won"* paMcd. ~ 3. FM IHMI. LIMEOMII7: (llrQdred in all mntncb that iaaolre do ooa"scy, <.f omstmctim ar eltaatlm d Citr•assed or lammed is rs to csswe' bldldlr@% aonbesle IsAese appUraCle) d i er}dpWt wdtb :expect to p~ d ow bo sbucbJiW or Patlmp r. _ 4. aprratJms d ttss amt:a~a~•. (idt d 11*i1t# is t0 be it similes at M T, t' i. r' •t r z S ' 1 r CD-4 x ! ~-...++..+.uss ~MInY~K.nha wiwn~~...r..•.~tra ul...: r~..t.r. v...y,..a+~+...a.~r,.+.:4 il'; wLE Kry= l,i; W~FGh~{Ii%~hC f, Val 4 CERTIFITYCATE OFOEIROM IIISU MMCE a" A,q.~,r, CI Of ^ Masr snd Addnass of Aps"ey I City of Owrt" Asfww"1 PreJset Mssu~ f pmj t Not no" PfJKt Loatioas - Msnapfnp Dapt~ ' Ilaaa aM Addrsa of laawsdt 00"Ias Affwdtq Covwapt j A MGM C This Is ft asrtlfy tttst p11ates of iewsranot I Is%W bola baw bass IS&Ad awd ars is faros at this ties. E~irHlo" Llsih of Llailllty j Ca-- lrs bsaral Llablittf k Claim Msds (a" R-rosy Medlly I"jwY t Fsaa~li hagsrfy 0000 = - Pradaat cowle%w OOwatloas bodily IsJury aw Prgwiy - Coatraofw l lllvlabillfy (soa !I-ravarsa) Ossga Casilasd j . = EIftleft l a ~ W raps Mau" gwor Llablil C~spa - s - Ftlrsad FLs ORIN I L llar"yGsisrAalyr.vorsaf A 11 ' - claim fsr n~N? i, f Iva Am! [is ~ r LI Iltfy s~e~iiY I!l(wvl~sos ~x +f I z.c ` ~ Y f ` -OrM1ILsasadArfAwtomb] boa ProOartY Qluapa `y RI, d A, h Utz r IWIty is,JwylPra"rty Oasnps CaaBIMd 'Mae Ow O"W Isswanea Omrlrtls" of CpratloUAooatloa~ l0m. TM City of Oa"tm is an addlftanai Insarad as its iatomt my aOMar as dsflmd on +%a rovers" side. wus said Ndnass of CortifloMs Ilatdw. I Crlf IF ISf1=p MW UAI P. 133= PUKH= AM P S 9M-s Teas a tai I.ti~0~ W 71=1 l'. .~.1 CF r - WMW at BW CT-4 XMIM I ~ 9 CI-3 , r~,._.»...':.~111 4 ar yqW /f,W ~R~L 11'.~'YfGGy~. .1 1 r,. Cmmons xMEM39L >1 D: ?be City d Dmtcot its elacted aid appada6ed dilci" drlcom T aed ovicyees. ml is dxs aot apply to Wclar's Odpaeebao. I 1 W= CP amLAM: Prlar to aft ewwtarlal chrm or cwmUAtim+ tae city d DeaEon will be glum 30 dlhs adraooe xrittm wtim mewled to the aUwW sddrada of tad f O w*tiflEate "Did w, City of Dentem and xadd 1. (LlstdUty asawd by aekiact ar w~wwea=it+ wt atm Ge tae 1JsbiJiby wegdsw~enC t otaesdss adstl. The ~ rlleiae sided ttds Oatlfiate or xmrwm uadw ire Oaael 7 a dd'ladtsm d aD+a<w~e brad to provide irrlnde LlahWIty+ eat anjd% a mip fbr dAlylUm aMmd by tae aast<acta' In tad refwimaad aaorttert. the WmTft psi Catifiaate d 71fl nv*x is p widM as mq&ed bJ 2. QJtDB ME F= RRIE Rgdmd pmIM or a~ x111 be de0e<ximd by tae i (hLladt~ fbcwYStas oxamx e a MIM fbr tae life d the ombrdr't+ ptus me 7 wum yair (to pmwi& aNavp fbr tad wanes PW400, ad a adxnded d1 7 j periad fw a sdata w d 5 )wm Qda stsll tega at tae aW Of tta wsrvs8 PWJC& s . 3. FM [SQL LilE~w (Aeq*W is all amns~ fast la idnw tae =Vmxy+ y t _ elan or alt~satica d Cit oa d or heed radutie~e}. bo mom is do ft with weepol to prs~ei7 to stsUL ar ptatSaos d ,i7 (lie aed de to the n;;t if alfi Beady is oaaed by the peril of 5G ~4 r ling' is to to a dcftm bt r ~ ' d t!e GA*UCtor. [3dt d ' i f t.. Q-4 P4 ^ u M. y x - ONM% own CONTRACT AGREDUT STATE OF TEXAS I t COUNTY OF Denton THIS AGREEMENT, made and entered into this 27th day of Novenber A.D., 1989 , by and between the City of Denton of the County of Denton and State of Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Cajun Contractors, Inc. Parrish of the City of Eaton Rouge E"Aly of East Baton Rouge and State of Louisiana , Party of the Second' Part, hereinafter , I • termed CONTRACTOR. r NITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of _ the First Part (OWNER). and under the conditions expressed in the bonds r bearing even date herewith, the said Party of the Second Part (CONTRACTO) { 1. hereby aggrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: r Installation of Raw Water Pump No. 3A and Miscellaneous Rehabilitation.' .i, fy y.i. s r and all extra work in connection therewith, under the terms as stated in 3;. the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the reterials, supplies, machinery, equip- ' ment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with r 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 rW, i I l 1 ti r 1 ^W 10-15-71 . 178 rrf'A ( 1 ~ *;~~rw X1.1. • 1 i . f. 1 ! 1 1 } 71 N GS ~ S to Bidders, and the Performance and Paya+ent Bonds, all attached hereto, i, and In accordance with the plans, which includes all maps, plats, blue- prints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by FREESE AND NICHOLS, INC., herein entitled the ENGINEER, each of which ha's been identi- fied by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire contract. " The CONTRACTOR hereby agrees to commence work on or after the # ..i,; date established for the start of work as set forth in a written notice to coawnce work and to substantially complete all work within the time j stated in the Proposal, subject to such extensions of time as are pro- - t vided 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 Con- I tract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents shave executed " this Agreement in V* year and diy first above written.: r. i3 .r ATTEST: :r s J~ S{ City of nton arty o rst a , OWNE < Lloyd Harrell, city Manager rr f t < I L t , f < , f 14 ~ t fir`. , 1 `.7G/Y. i x} t 1i'fry G7 . ATTEST: Cajun Contractors, Inc. arty o rt, RACTOR if Coo, By I t e Je Ducote, Exec. Y.P. S$ Y (SEX) } o v 2 t ti 10/22/73 178 i, w•~, f'< ,7 {rl .,•--....-w~.-.... ~.....♦..~rw.wlrwwr+a♦`ai.' - ~ ' k 1 i i fi 4Frarle .~,1 PERFORMANCE BOHO 01 STATE OF TEXAS I COUNTY OF Denton KNOW ALL HEN BY THESE PRESENTS: That Cajun { . , of the City of Baton Rouge , Contractors. Inc 4264; of East Baton Rouge, and State of Louisiana 3 as PRINCIPAL, and Fidelity and nosit CoeDanv of Maf(land as SURETY, { authorized under the lawn of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of r; -,i Denson as OWNER, in the penal sum of One hundred j forty-eight thousand Dollars (S__148.000.00 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: K;. WHEREAS, the Principal has entered into a certain written contract ' with the OWNER, dated the 2M day of November , 1984 , for the con- struction of Part A. Installation of,Raw Water Pump No. 3A and Miscellaneous Rehabilitation. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. MOW, THEREFORE, the condition of this obligation is such, that if i the said Principal shall faithfully perforwm said Contract and shall in all and the respects duly tions and and a faithfully agreements in observe and and by said perform all and contract singular cove- condi nanted r'~` nanted by the Principal to be observed and performed, and according to ~ true intent and meaning of said Contract and the Plans and Specifications ' w hereto annexed, then this obligation shall be void: otherwise to remwain in full force and effect; that this bond is executed pursuant to the PROVIDED, HOMEYER, j provisions of Article 5160 of the Revised Civil Statutes of Texas as mended 3 10.15-71 r 1178 71 err 1 1 r? nr by acts of the 56th Legislature, Regular Session, 19591, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same ixtent as if it were copied at length herein. PROVIDED FORT11ER, that if any legal action be filed upon this f i bond, venue shall lie in nontm 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 i x R ~ accompanying the same, shall in anywise affect its obligation on this, bong, _ h and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract, or to the work to be per- formed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and 1 , seated this instrument this day of ►~ecFNaem< - 9 _..5a ' Cajun Contractors, Inc. Fidelity and Deposit Company of Maryland Surety _Io ,i r nc By Ducote BY Title Jerome v V.P. Title Wald J. Schex d Att .-in-Fact Addres P. 0. Box 104 Address 3545 N. I-10 Service Road = Baton Rouge, LA 10821 Suite 300 Y tir Metairie, LA 10002 (SEAL) (SEAL) . t , The name and address of the Resident Agent of'Surety is: !!!!_14AMLib cb t4ij5.t0bAL y uAwiC-6% ON).o~ nRtIAS NOTE: Date of Bond must not be prior to date of Contract. r CaU S16" A : AS RE rBCVT kcu T . J_ 4 I }j ~-I ~5 78 3 , owl r t ~t ` Power of A"Ofntry ! FIDELITY AND DEPOSIT COMPANY OF MARYLAND r,o' ~a awes w.,aeola ,~o 3LN I!t Twit se the FIDDELITY AND DltlOSIT CO PANY Of IAARn-"'4D- a soeporatko of dr "OW ALL MEN BYTB.ESE W. P1tE Bl1D0E - YIo►P►aidas4 ad N, J. SCHNESELEN 911111 of of aaatsd by Aetie6 V1, sew" 2, of the BY-Lars d wid coaawy, wYioi an rt tM dais bw+d. doM Yesbr a~+►Ie~, of sod a to bs is !aIl iota and we G k oaoa elo rwrr poomones oooadtnteaedappoiatYillian H. Ellsworth, Howard Crosbald J. SchexnalSydret Elven .yeq*t J. Teel, Charles F. Cowand alph Blanc, alt of etairie. C. Punch, EACH Loui y~ Apo MA Attoeory E let. W males, szwuw 686v4r, m k@ ba6a1[ as tvaO , and Y He as sad deed' any and all bonds and undertakings.. of ssaB be ar bWLBO by t sign lard do of w wasdou ants goads Of aodertatiop ie soar aehaowlsdfad by r+tidadY elected o!$o 01 sad amply, w all intaau and purpoeea, u fr tlwy rnis power of attorney revokes that _ the Ps07 at Its office in B ' Md" in dated November 12, 1987. issued on behalf of William H. ` orth, - , , copy of Ardde VI T1w MW Aniscaat Secretary does 6W* the forth on Ise reverse dds barrel is a a" Seereury bow hereunto subscribed their aawea and affixed Ise ' • Ssetka 2, of ass By-laws of uld now IN VnMSS WHEREOF- the raid EP06 ANY OF MARYLAND, 11110 30 h day of CotVww Sed of the uid FIDELITY o June. , A.D. 19.__ FIDELITY AND IT COWANY OF MAR7YLAlYD ATTEST- By ey STATE: a Itt"T"" i CM a BALT1110aa 1 Pnblio d the Subs of 30th day d June . A,D. 19 88, bdeee the su1 - a Notary Aadataat d 9° , Cease the sbove-oamed ViorPeeaidest M, in and for the MARYLAND. to City d Baititoore, dnF7 OO°d anD, to me P~~~~' imo" to be the io 'Walk agar s K*" : Seerelary of the FIDELITY AND DEPOSIT COWANY OF ~ i dN~>bad fe sad wbo ezftm W the Wooed* laetrvasea4 and 1LeT' sse11 aw^'^'~°" tlw eseeeltiea d 0 t ewe, soar beb>t by d Cad fo Umord depoeeth and ubb, that tbey am the said offieas d the Company aierwaid. a»d ass duly sworn, K'r+'By sa boetrr tithe Corporsu Seal of raid Cadpw. and that the said <.orpaet u Sad a~ shear that the ual of ted to the prowd'+~s as attar offioeaa Tree dsly af5oud and aabeoriW b the mid Imttaoent sy the sdsorky soar diectbn d Ise add Corpoertioa "r f IN q E67TINONY tpHEREOF. I hers henrys set my head sad affixed >.y Offietl Seal, st the Cky d Balrlason, the day and e year Fret above written. Pubes mairioa Jui I 1944 ' Notary ' CER-31MCATE I, the aadersi~ed, Areisuat Seereury d the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby ter* that oriEiud Purer d Aueraey a[ io far foxes std etled oa the dote d thfa the Attar whkh the fon{oing ie ■ fuA, War end "red copy, ie artorloe sad I o f craft' that the Vice-President who eurated the said Power of Attorney wu ooe d the add do" Peerwow epeclouy autbaiud by the Bond d Dinden to appoint 1107 Attotnq la Fsct a pcenided to Article V" 3eetioa 2 d the ByLawr of Ilse FIDELITY AND DEPOSIT COMPANY OF MARYLLND. M Certdwu may be shed by taaaat7e under and by authority d the followiai resaluaoo of the B a.ua y d Diredon d t6i taw and how on 16 Aaeisuat Sacreu"' d 16th of J, 1969. FIDELITY AND DEPOSIT COWANY Of MARYlmpm at meeting of r the Coa Rf~90LYED: psoY°~wbd11ea>++de " Mot the faeeimas a meehanitally repeod+oad ff ata+a sed b shall be slid a n a anified oopy d say povwr d atton& u Ise Company. Aft beretojore orb Be d the mid cmpw. this ~foroe and effect as thouo maauall7 afed," ' with th* I binds upon he c4opT,1 haw heeetmW sAsaQ+bed my "m and dazed the '.p. at TMUMY ' I93A n dsy 056-68#? AadAaat sae+~j F. 1 '~L.t9lil['n !-.I,,.na. ♦r:'r;~k-i~+,,2'_q'. . I~.. . r. r.. r' ? EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT OOdIPANY OF MARYLAND "Artkk VI, Section The QAkmaa of the Board, or the PmMemt, or any Executive Vice-Piesideat, of my of t6e Scnlot Via- ' % ' PresideaU n Vke praWents spea&Uy authorised so to do by the Board of Dircetan or by the Eumtive Committal Ad have ' po.+er, by and with, the om amen" of the Secretary of any oft of the AwWut Secfetaries, to appoint Ruideat Yfoe P{aidmts; _ ArWant Vice. Preaideau and Attor6eya-ia-Fad as At businm oI the C agmmy may require, or b wborue any per toy oe paaoma o, ova n"Mat deed to esecum on beW of the C4=pm any boods, uadert" $9, recwkaaoes. • Po k'+ ro~ ti mad tekaea'~ad wi~ataenu'of jmdfementa. Aecrea, morgmn &!rj insu%ments to the wtmre of mortga^ .and to affix the ant of the Company thereto." , ' > SM ' q r r .I 1 \ i r 1 ISr to 1 1 ~ , ♦ 1 - , r4^1.~ \ r 11 , I; .r Y r r , lr1'.i~ s f f`' s.l r 4 ~..'V~\ ~',;l C li4;,r1 Yt',,. ';1 c 't t ~ ,k ~ rt`, I - r r. 1. r , Cl.' 1 1~~~'• .~I - :pf y S i d r !I ~ i.NlA ~ r ~~I' ~ cr ! >;'t I i~ r 1 Y Zr ,r A 1 i 1 'i y h R Fi7 5 • ~ r y~yyvr++u+.irwr.w....L.......J.,_~.__....._.... ..~..+~+e a.w....~.-'~- d n t i i f >i s,. PAYMENT BOND STATE OF TEXAS j + a COUNTY OF Denton ; KNOW ALL MEN BY THESE PRESENTS: That Cajun Contractors, Inc. of the City of Baton Rouge Parrish ~ * of _ fast Baton Rouse and State of Louisiana as PRINCIPAL, and Fidelity and Deposit Company of Maryland , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bowed unto the _ -City of Denton , as OWNER, in the penal sum of One hundred-forty-eight thousand Dollars Q 148.O,DDp ? for the payment whereof, l the said Principal an Surety bind emse ves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 27th day of November , 19L9_, for the construction ` of Part A, Installation of Raw Water Pump No. 3A and Miscellaneous r~ Rehabilitation. which contract is hereby referred to and made a part hereof as fully and to the saris extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if tho 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 emended ! y acts of the 56th Le islature, Regular Session, 1959, and all liabilities I k on this bond shall be determined in accordance with the provisions of said ` Article to the same extent as if it were copied at length herein, i PRDYIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. i f j S t 10-15-71 ~ 7a Its 7 ,I 1 4 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the tennis of the contract, or r'z ' 4t 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, b alteration or addition to the terns of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and { sealed this instrument this r day of Nf:c , , ig~'j_. ! Cajun Contractors, Inc. Fidelity and Deposit Company of Maryland Principal Surety Y. By JAJ WA By Lj Jerome Ducote' Title TitleRonald J. Schexn , Atty.-in-Fact Addre sP. 0. Box 104 Address 3545 N. 1-10 Service Road Baton Rouge, LA 10821 Suite 300 { Metairie, LA 70002 j , (SEAL) (SEAL) ` i The name and address of the Resident Agent of Surety is: ,j ? CYNTHIA 0,As f LLV CIO 1+(La,ZbLAL + PAID i LTOU ea. )F bALLAs I to& n j, cr., . Su ,E .mil ircu7x IsoLi y~ I Note: Date of Bond must not be prior to date of Contract. C6UN16QS~6NE0 ' io.CAS !?esrd~Ali 3; y Y , ,'1 ll'1 rl 1 1 1 1 I}I, 1 ti Y ' f i 6 f r' 10-15.71 .f,~, Y-' 178 s' t r Ii J r Pow*r of Attorney A FIDELITY AND DEPOSIT COMPANY OF MARYLAND t no,w 0"qQL a,unwoee he KNOW ALL MEN BY THESE PRESENTS, That the FIDELITY AND DEPOSIT COMPANY Of MARYLAND, a Caeporadoa d the i State olMuy lead, by R. R. BUDDENBOHN , YiorPraa{dertt, said M. J. SCHNEBELEN , Assissaat &ixstsry, u Pgramm of y gamed by Artkla VI, Ssceloa f, of tb4 ByLaws of said Company, which are Id forth oo the reverse dde sad Wbwsby Cwrt lobe In tall taro aaid oai the ants brad, does hereby aiodb+u. ooestitnuaWappoletRillism H, Ellsworth, Howard Crosby ald J. Schexnaydret Elven C, Punch, J1erry J. Teel, Charles F. Cowand alph • Blanc, all of Hetairie, tr, Louisiana EACH ear Lad Undul agent And AttxoaydrFaa. to mike, menu, dettwe, m d beha8 r sarey, and as is act and deed, ? t any and all bonds and undertakings..,.. laity e:eerRioa of each boode a uaderukinge in of shall be se binding Upon raid Company, w ` and amply, to s11 intents gad Ppwppoore+.a, w if they d* as gad sekaowled#ed by the regUluly elected dunes of the Company at its o111101 In Baltimore, ML to .This power of attorney revokes that 1 issued on behalf of William H. orth, dated, November 129 1987. The uid Aulataot Secretary does herby t the forth w the reverse ride hereof Is a trus Copy of Article VI, annow sI WIT2. of the By-Lows ol saw NESS WHEREOF, the uld V Is d t Ssetetary have hereaato aburlbed %bob names and aflhed the Corpora Meal of the raid FIDELITY ANY OF MARYLAND, aL@ 30th clay of r June_ A D.19_ FIDELITY AND IT COMPANY OF MARYLAND ATTEST, /f~ By Cy'` yea-Preekkno t STATt or MA "A" I I CM OF BALTV8= I a f r Public of the Stow of on thla 30th day of June , A.D. 19 88, before the eobeeriber, a Notary MarybOd, In gad fa the Cky of Bahimore, duly oaamleelood gad qualilkd. cuts the above netted Vine Preddaat and Aa<t+teat i Secretary of the FIDELITY AND DEPOSIT CAI VANY O! MARYLAND, to me personally known to be the bdividtuie and offieees - deur4ed in and who executed the preceding Satrumect. OW they each aekwwledpd the saecutko d the same, and belos by f ms duly sworn, eev"Ay and eaeb tar i,imeelf depmeth and eahh, tlut they are the Bald officers of the Caapany aforeeeid, And ~I that the Beal slHxed to Ota preoe,:i:.g blot waaw is the Corporate Seal of said Company, and that the said Corpora Seal and their Aputores as each rQkes wee daly aftAer cad anberaibed to the uid leww owt by the anthoeity and dieectfoo of the raid CCrporaeiom 4 IN TESTiMOr Y WHEREOF, 1 wve 6-.-wto tat my hand and alfaed ray OffkW Said, at the Cky d Baklmor, the day gad y , I year first above written. July 1, ~ C Notary Public miukai 1990 CERTIFICATE I, the undersigned, Ann aM Secretary of the FIDELITY AND DEPOSIT CDMPANY OF MARYLAND, do hereby on* that the orlgiaa! Power of Attorney of which the faregoiag k a fall, true and m~ Copy, is in la face gad tiled on the date of tick certificate; and I do further certify that the Via-Preddent who executed the aid Power d Attorney was one of tke addkionsl Via- $ Preddeou apecLLy sathorlsed by the Board of Dieedoes to appoint any Attorog4n-Fact as provided in Article VI. So, kw 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. i This Certmeau may be signed by fusbuile raider Wad by authority of the following reeohr&a d the Bard of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting &,dy called &M bold on the the ~~yaly w~~ made AseLtaatSecretary 01 16th day of " RESOLVED. "That the faWmlfe or meraabally reprodnoed dp,a of heretdore of hereafter, wherever appearing agog a cerew copy of nay lower of attorney WoM by the Company, ehal be valid and binding Upon the Company with the arms fora gad filed ,s dMA manaally af$xad." 5th IN TESTIMONY wHEI~FOF have arbearibsd try name gad dffid the oorporau red d the eaW Company, tit n y;"+; ec air a day of, 19_. ~ i OSfi-b$#! ArfrtewS+awry ' r i' . WYtW.rfi.u,i,..~ . a .b P. ::Yd •V~ ~:9.a'. " ~1r 'ti i 1 I / 'YPL J 4 i EXTRACT ►RO%I BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND i "Artick VI `rctiom 2, The Cbavman of the Board, or the President, or any Executive Vice-Preddem, or any of the Senior Vice- Presidents or Vice-Presideau speclaily- authorfsed so to do by the Board of Directon or by the Esemdive Committer, SW bare Power, by and with tbs concurrence of the Secretary or any we of the Assistant Secretuies, to appoint ReMeat Vioe-Presidents, 5 Arabtamt Vke Presidenu and Attorneys In Fad as the bminest o[ the Company may require, or to antMrise nay person or PMVM I rf to eretvte on behalf of the Company any bonds, mndertakitirs, recornkances, stipulations, poll lm coatracis, aPeemcnts, deeds, <t and releases and assignments of }mdserments, decrees, mortg" and lastrnments in the nature of 10"IM...aad to afro the %t seal of the Company therein." i i i I; I + Cl yy , t 1 _ I r L; G3 t , . I „ Y',, 'Of 1- fu:' , 1, } { 5 { I.~ .1 i i r4 n i L ' r r• M;yr4w........ .-...~w...w.w r..r, ~v~VwtXLfi.NliR~ali>iIM1~JkYM`Y~i ~'t ~,I. } ,y , i Oil FF } GENERAL CONDITIONS TABLE OF CONTENTS GC-1 Article 1 - DEFINITIONS GC-3 MA Article 2 -PRELIMINARY TTFRS GC -3 2.1 - Execution of Agreement SC- 2,2 - Delivery of Bonds GC-4 2.3 - Copies of Documents ons GC-4 Pre -Start Representations proceed GC-4 - Contractor's Not , 2.4 ise Time; 2.5 - CoaruenCement of contract ~-4 -4 2.5 - Starting the Pro3ect 2.6 - 2.9 -Before Starting Construction -5 ! Article 3 - CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS PS{YSICAL CONDITIONS: GC-5 Article 4 - AVAILABILITY OF LANDS: -5 REFERENCE POINTS 5 k 4.1 - Availability of Lands GC- j -al Conditions - Surveys and Reports GC-6 4.2 Physic GC-6 4.3 - Unforseen Physical Conditions 4.4 - Reference Points Article 5 - 60N0S AND INSURANCE -7 5.1 - 5.2 - Performance, payment and Ot GC-7 Bonds GC-7 5.3 -Contractor's Insurance Requirements GCS } 5.4 - Additional Bonds and insurance GC-8 . Article 6 - CONTRACTOR'S RESPONSIBILITIES GCS 6.1 - 6.2 - Supervision and Superintendence .8 - b.6 - Labor, Materials and Equipment ~ 6.3 _9 ' - 6.7 - Substitute Materials or,Equipment GC -9 . - 6.11 - Concerning Subcontractors GC-10 6 6. 8 12 - 6.13 -Patent Fees and Royal ti as GC-11 1 6.14 - Laws and Regulatic,S Ge 11 - 6.15 - Taxes x'11 ` - _ 6.16 - 6.17 -Use of Premises 6.16 - Record Drawings GC-11 6.19 -Safety and Protection GC-12 . 6.20 - Emergencies 6.21 - 6.26 -Shoe Drawings and Samples GC-13 E 6.27 - Cleaning 6C-14 6.28 - 6.29 - tndeenificatiOn GC-14 Article 7 - WORK BY O1HE'2S GC-15 Article 8 - MINER'S RESPONSIBILITIES GC-15 Arttcte 9 - ENGINEER S STATUS CURING CONSTRUCtION 6C-15 g,1 . Owner s Representative GC-lb i 4.2 - Vi sits to site y. Flo. F ! I 9,3 - Clarifications and Interpretations GC-16 9,4 - Rejecting Defective Work GC-16 9.5 - 9.7 - Shop Drawings, Change Orders and Payments GC-16 9.8 - Resident Project Representatives GC-17 9.9 - Decisions on Disagreements GC-17 9.10 - 9.12 - Limitations on Engineer's Responsibilities GC-17 Article 10 - CHANGES IN THE WORK GC-17 Article 11 - CHANGE OF CONTRACT PRICE GC-18 ; Article 12 - CHANGE OF THE CONTRACT TIME GC-20 Article 13 - WARRANTY AND GUARAMTEE, TESTS AND INSPECTIONS., i CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK GC-2O 13.1 - Warranty and Guarantee GC-20 13.2 - 13.4 - Tests and Inspections GC-21 13.5 - Access to mark GC-21 13.6 - 13.7 - Uncovering Work GC-21 13.8 - Owner May Stop The Mork GC-22 13.9 - Correction or Removal of Defective Mork GC-22 13,10 - One Year Correction Period GC-22 j 13.11 - Acceptance of Defective Mork GC-23 1 13.12 - Neglected Mork by Contractor GC-23 Article 14 - PAYMENTS AND COMPLETION GC-23 14.1 - Schedules GC-23 14.2 - Application for Progress,Payment GC-23 14,3 - Contractor's Warranty of Title GC-24 :t 14.4 - 14.6 - Approval of Payments GC-24 14.7 - 14.8 - Substantial Completion GC-25 14.9 - Partial Utilization GC-26 14,10 - Final Inspection GC-27 I 14.11 - Final Application for Payment GC-27 14,12 - :4.13 - Approval of Final Payment GC-27 I f , 14,14 - Contractor s Continuing Obligation GC-28 14.15 - Waiver of Claies GC-28 Article 15 - SUSPENSION OF WORK AND TERMINATION GC-28 x` 15.1 - Owner May Suspend Work GC-28 15.2 - 15.4 - Owner May Terminate GC-29 16.5 - Contractor May Stop Work or Terminate GC-29 „ Article 16 - MISCELLANEOUS GC-30 16.1 - Giving Notice GC-30 16.2 - Computation of Time GC-30 16.3 - 16,5 - General GC-30 TC-2 ~16 ,,r P ~ 1 r a t.-.. t .....✓.,lr avKi4il.WF57.4 4UXJ.0 1? } ti- i GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are ap- plicable to both the singular and plural thereof: j AddendLa (Addenda) - A supplement to the Contract Documents issued in 3 writing prior to the receipt of bids. t Agreement - The written Agreement between the OWNER and CONTRACTOR covering the Mork to be performd. Application for Payment - The form furnished by ENGINCcR which is to be usod by CONTRACTOR in requesting progress payments and which is to include the schedule of values required by Paragraph 14.1 and an affidavit of CONTRACTOR that progress payments theretofore received on account of the York have been applied by CONTRACTOR to discharge in full all of CONTRAC- TOR's obligations reflected in prior Applications for Payment and that all materials and work included in the Application for Payment conform to the requirements of the Contract Documents. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Mork to be performed. Bidder - Any person, firm or corporation submitting a Bid for the Work. Conds - Bid, performance, payment, maintenance bonds and other instruments ! y, of security, furnished by CONTRACTOR and his surety in accordance with the rl Contract Documents. Calendar Day - A day of twenty-four hours measured from midnight to the ' next midnight, and is any day of the year, no days being excepted. Contract Amendment - A written agreement signed by both parties altering y the terms of the General Conditions and/or the Supplementary Conditions. Change Order - A written order to CONTRACTOR signed by OWNER authorizing an ! 1 addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued after execution of the Agreement. III r Contract Documents - The Agreement, Addenda, Invitation for Bids, Instruc- tions to Bidders, CONTRACTOR's Bid, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications, Drawings and Modifica- ons. tions. F&N-1-87 `,s, i. j. ts r i Ilk F S'AY.(• ~ Contract Price -The total moneys payable to CONTRACTOR under the Contract Documents, ' t Contonract Time - Work Thc computed as provided in Paragraphrl6 2nt for the co~►ple- CONTRACTOR - The person, firm or corporation with whom OWNER has executed the Agreement. 14 f Drawings -The drawings, which are referred to in the Contract Documents which may also be called Contract Documents or Plans, which show the character and scopethe work does not NEERtandeaccepted hwhiavecbeen pre pared or approved include shop drawings as required by the Contract Documents. person, firm or corporation named as such in the Agreement. ENGINEER - The Field Order - A written order issued by ENGINEER which clarifies or accordance accordance wiwith th Paragraph109.3 r minor c changes Contract In the Work s in in orders Modification - (a) Contract Amendment; (b) Change Order; (c) Field Order. Notice of Award - A written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him. Notice to Proceed - A written notice given by OYMER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under 4 the Contract Documents + :i OWNER - A public body or authority, corporation, association, partnership, ' or individual for whoa the York is to be performed. project -The entire construction to be performed as provided in the > > Contract Documents. R :Resident Project Representative - The authorised representative of ENGINEER who is assigned to the Project site or any part thereof. Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by CONTRACTOR, a Subcontractor, manufac- turer, supplier or distributor and which illustrate the equipment, material or some portion of the York, specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, procedures and workmanship as applied to the Work. i GC-2 _ ; 'F3N-l-81 _ ',1' { ..r .FN.»'I'.p AlU,li:*M•S'1 Y.°'{'ilft+f~:.K J . t. r 1 i i e Kam... Subcontractor - An individuals firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a f part of the Work at the site. i 5 Substantial Completion - Certification by ENGINEER that the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Docu" nts, so that the Project or specified part can be utilized for the purposes for which it was intended pursuant to + the provisions of Paragraph 14.7 14.9; or if there be no such certifica- tion, the date when final payment is due in accordance with Paragraph 14.12. Supplementary Conditions - A portion of the Contract Documents which modifies the General Conditions by making additions, clarifications and/or 11 deletions. In cases of conflict between the Supplementary Conditions and the General Conditions, the Supplementary Conditions shall have precedence over the General Conditions. Work - Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, I equipment and other incidentals, and the furnishing thereof, f Working Day - A day not including Saturdays, Sundays or any of the follow- ing holidays; New Year, Washington's Birthday, Memorial Day, Independence Day, tabor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas • Day, in which weather or other conditions not under the control. of the., 1 CONTRACTOR will permit construction of the principal units of the work for a period of not less than seven (1) hours between 7:00 a.m. end.6:00 p.m. ~ j t ARTICLE 2 - PRELIMINARY MATTERS Execution of Agreement; i 2.1. The Agreement, Bonds and such other portions of the Contract Documents as may be required will be executed and delivered by CONTRACTOR to OWNER within fifteen (15) days after receipt of the Notice of Award. The OWNER shall determine the number of counterparts required. The OWNER will execute the counterparts. OWNER, CONTRACTOR and ENGINEER shall each i receive an executed counterpart of the Contract Documents and additional conformed copies as required. 4 Delivery of Bond;: 2.2. When he delivers the executed Agreement to OWNER, CONTRACTOR shell also,deliver to OWNER such Bonds as he may be required to furnish in accordance with Paragraphs 5.1 and 5.4. I I GC-3 t FdN-1-87 ' n: I . 1 Copies of Documents: 2.3. OWNER shall furnish to CONTRACTOR up to ten (10) copies (unless otherwise provided in the Supplementary Conditions) of the Contract Docu- ments as are reasonably necessary for the execution of the Work. Addi- tional copies will be furnished, upon request, at the cost of reproduction. Contractor's Pre-Start Representations: 2.4. CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules, codes, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents and that he has correlaw the results of all such data with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investi- gation reports of subsurfact and latent physical conditions referred to in the Contract Documents and will make such additional surveys and investi- gations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. ~ Commencement of Contract Time; Notice to Proceed: 2.5. The Contract Time will commence on, and include, the day following the date established in the Notice to Proceed issued by OWNER to ' CONTRACTOR. Starting the Project: 2.6. CONTRACTOR shall start to perform his obligations under the Con- tract Documents on the date when the Contract Time commences to run. No ' Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.7. Before undertaking the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. He shall at once report in writing to ENGINEER any conflict, error or discrepancy which he i may discover. In the event of a conflict in the drawings, SFecifications, or other portions of the Contract Documents which were not reported prior to the Award of Contract, the CONTRACTOR shall be deemed to have quoted the , most expensive. 1 GC-4 F8N-1-67 , Y 1 I 2.8. 111 thin ten (10) days after delivery of the executed Agreement by r'"Me 0 OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER an estimated progress schedule indicating the starting and completion dates of the various stages of the work, and a preliminary schedule of Shop Drawing submissions. The Contract Time may be changed only as set forth in Article 12 of this Agreement, and a progress schedule shall not constitute a change in the Contract Time. 2.9. When CONTRACTOR delivers the executed Agreements, the CONTRACTOR shall furnish OWNER and ENGINEER certificates of insurance as required by Article 5. After delivery of the executed Agreement by OWNER to CONTRAC- TOR, but before starting the Work at the site, a conference will be held to review the above schedules, to establish procedures for handling Shop I Drawings and other submissions and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR and his Superinten- dent. ARTICLE 3 - CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1. It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Docu- ments. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. They may be altered only by a Modification. 3.2. The Contract Documents are complementary; what 1s called for by one is as binding as if called for by all. If CONTRACTOR finds a conflict, + error or discrepancy in the Contract Documents, he shall call it to ENGI- NEER` s attention in wri ti ng at once and before proceedi rig with the Work affected thereby. Any Work that may reasonably be inferred from the Speci- fications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well- known technical or trade meaning shall be deemed to refer to such recog- nized standards. In case of discrepancies, figured dimensions shalt govern { over scaled dimensions. ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 4 Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents and not later than the date when needed by CONTRACTOR, or such later date as set forth in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures i GC-5 F&N-1.87 4. 1 i h F1 ` or permanent changes in existing facilities will be obtained and paid for r by OWNER, unless otherwise specified in the Contract Documents. If CON- TRACTOR believes that any delay in OWNER's furnishing these lands or ease- ments entitles hire to an extension of the Contract Time, he may make a claim therefor as provided in Article 12. CONTRUCTOR shall provide for all J additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. , Physical Conditions - Surveys and Reports; U. Reference is made to the Supplementary Conditions for identifi- cations of those surveys and investigative reports of subsurface and latent { physical conditions at the Project site or otherwise affecting performance of the Mork which have been relied upon by ENGINEER in preparation of the Drawings and Specifications. the data is for general information and the OWNER and CONTRACTOR do not guarlntee the accuracy. Unforseen Physical Conditions: j j 4.3. CONTRACTOR shall, within three (3) days after discovery, notify OWNER and ENGINEER in writing of any subsurface or latent physical condi- tions at the site differing materially from those indicated in the Contract Documents. ENGINEER will investigate those conditions and advise OWNER f in writing if further surveys or subsurface tests are necessary. There- after, OWNER shall obtain the necessary additional surveys and tests and furnish copies to ENGINEER and CONTRACTOR, If ENGINEER finds that the results of such surveys or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been antici- pated or discovered by CONTRACTOR through his efforts as represented pur- suant to Article 2.4 of these General Conditions, a Change Order may be ~ issued incorporating the necessary revisions. Delays resulting from the , above investigations may be a basis for a Change Order adjusting Contract Time, but will not be a basis for changes in the Contract Price. i Reference Points: 4.4. OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for surveying and laying out the Work (unless otherwise provided in the 1 Supplementary Conditions), and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. He shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. CONTRACTOR shall replace and accurately relocate all reference points so lost, destroyed or moved. GC-6 ' f8N-1-87 1'` i I - i.. n._. tiJJh:+.ir 'W.:'•9{.5^.w ~k9aYbW w' .5 i „ r 1 f' FF r 1- i ARTICLE 5 - BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds as y security for the faithful performance and payment of all his obligations under the Contract Documents. These Bonds shall be in mounts at least equal to the Contract Price, and (except as otherwise provided in the Supplementary Conditions) in such form as set forth in the Contract Docu- ments and with such corporate sureties as are licensed to conduct business in the state where the Project is located and are named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, u.S. Treasury r - Department. The Performance Bond and Payment Bond shall De extended to include the Correction Period set forth in Article 13.10. ; , 1 5.2. If, on any Bond furnished by the CONTRACTOR to the Owner, the surety thereof is declared a bankrupt or becomes insolvent, or has its right to do business revoked in a state where a part of the Project is m located, then the CONTRACTOR will have five (5) days to substitute another bond and surety therefor which shall be acceptable to the owner and which shall be at the expense of the CONTRACTOR. Contractor's Insurance Requirements: 5.3 CONTRACTOR sha11 purchase and maintain such insurance as will j protect him from claims under workmen's compensation laws, disability ' benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or { death of any person other than his employees including claims insured by " usual personal injury liability coverage; and from claims for injury to .or j s; destruction of tangible property, including loss of use resulting therefrom s - any or all of which may arise out of or result from CONTRACTOR s opera { .f tions under the Contract Documents, whether such operations be by hi irself ! w or,by any Subcontractor or anyone directly or indirectly employed by any of f; them or for whose acts any of, them mapr be 1 egal ly 11 eb1 e.. This i niyrpnce shall Include the specific coverage and be written for root, ess than;&ny limits of liability and maxlmuma deductibles specified in the Suppleeme,ntary Conditions or required by law, whichever is greater, shall include'contO c- w; I tual liability insurance and shall include OWNER and EMGINEER,as additional insured parties. The CONTRACTOR shall maintain such additional Insurance i ? as he way deem ap ropriate. With the execution of the Agreement, CONTRACT- ` OR shall file OWNER and ENGINEER certificates of such insurance, acceptable to OWNER; these certificates shall contain a proylsion that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen (15) days' prior wM tten notice has been } given to OWNER and ENGINEER. If the CONTRACTOR's insurance policies are : cancelled, the CONTRACTOR shall suspend all operations until new sl satisfoctcey policies are obtained. The OWNER may immediately terminate r r, .l / ~ 1 r r , 1 z' -7 F&N-1-87 1 the Contract in accordance with Paragraph 15.2 1f work is suspended because of lack of insurance. Additional Bonds and Insurance: 5.4. Prior to delivery of the executed Agreement by OWNER to CON- TRACTOR, OWNER may require CONTRACTOR to furnish such other Bonds and such additional insurance, in such form and with such sureties or insurers as OWNER may require. If such other Bonds or such other insurance are specs- r fi ed by written instructions given prior to opening of Bids, the premiums shall be paid by CONTRACTOR; if subsequent thereto, they shall be paid by OWNER (except as otherwise provided in Paragraph 6.7). j ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.18 CONTRACTOR shall supervise and direct the Work efficiently with his best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and safety at the site. CONTRACTOR shall be solely responsible to see that the finished Work complies accurately with the Contract Documents. CONTRACTOR, ENGINEER, and OWNER intend that CONTRACTOR shall be an independent contrac- tor and not the agent or employee of either OWNER ar ENGINEER. 6.2 CONTRACTOR shall keep at the project site at all times during the progress of the work a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extra- ordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of ~f CONTRACTOR. All communications given to the superintendent shall be as i , binding as if given to. CONTRACTOR. ; , . Labor, Nateri a1 s 'and Equ1pme,nt: Y 6.3. CONTRACTOR shall provide competent, suitable qualified poesoonel t+ t=„ F r t 1 to, survey and lay, out the Work anQ pertorm construction as required Der the r i Contract Documents. He shall at all ti ices i~sai ntai n good dt ici line a6d. order at the site, + 6.4. CONTRACTOR shall furnish all materials, equipment labor, trans- I and machintry, tools, a p~iancei foil, F:- portation, construction equipment , power, light, heat, telephone, water and sanitary facilit es and ail other facilities and incidentals, necessary, for the execution, testing, initial operation and completion of the Work. GC-8 r. FdN-1-87 rt i , i.. Aa',~. i-•ri„ f ;6yd'.,tl;{'i"s.~+1'.''Jltti 1LP4 t •.a-uHair.wa.4'Ya^n M.t a,0 a/0 4'-w,y , I a 6.5, All materials and equipment which is to be incorporated into the Project shall be new, except as otherwise provided in the Contract Docu- Gents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory j evidence as to the kind and quality of materials and equipment, 6.6 All materials and equipment shall be applied, installed, con- nected, used. cleaned and conditioned in accordance with the Instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. The CONTRACTOR shall furnish the OWNER with four (4) sets of all operating instructions, maintenance manuals and parts list for all sechanical and electrical equipment furnished for the project, Substitute Materials or Equipment- 6.7. if the Specifications, law, ordinance , codes or applicable rules or regulations permit CONTRACTOR to furnish or use a substitute that is equal to any material or equipment specified, and if CONTRACTOR wishes to furnish or use a proposed substitute, he shall, prior to the conference " called for by Paragraph 2.9, Rake written application to ENGINEER for approval of such a substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the sane use and capable of perforwing the same function as that specified; and identifying all variations of the proposed substitute frog that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of ! ENGINEER who will be the judge of equality and may require CONTRACTOR to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such perfonrrance guarantee and bonds as OWNER Ray require which shall be ~ furnished at CONTRACTOR's expense. CONTRACTOR shall indemnify and hold if harmless OWNER and ENGINEER and anyone directly or indirectly employed by _ either of them from and against the claims, damages, losses and expenses 1 sf (including attorneys fees) arising out of the use of substitutes materials 4 or equipments , Concerning Subcontractors: 6,8. CONTRACTOR shalt not employ any Subcontractor or other person or organization (including those who are to furnish the pri nci pal Items of k materials or equipment), whether initially or as a substitute, egainst whom OWNER may have reasonable objection, Accoptance of any Subcontractor, 'f other person or organization by OWNER shalt not constitute a waiver of any right of OWNER to reject defective Work or.Work not in conformance with the Contract Documents, If OWNER after due investigation, has reasonable objection to any Subcontractor, other person or organization proposed by. CONTRACTOR, CONTRACTOR shall submit an acceptable substitute, CONTRACTOR shall not be required to employ any Subcontractor, other person or organi- zation against whom he has reasonable objection. CONTRACTOR shall not, 1 IIII UN-1-87 i , r ' I without the consent of OWNER, make any substitution for any Subcontractor, 1 other person or organization who has been accepted by OWNER. 6.9. CONTRACTCR -hall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirec- tly employed by his Subcontractors and of persons and organizations for j I whose acts any of his Subcontractors may be liable to the same extent that i the CONTRACTOR is responsible for the a{.r.s and omissions of persons direct- { ly employed by his. Nothing in the Contract Documents shall create any contractual relationship between OWNER cr ENGINEER and any Subcontractor f or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay f or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER , or ENGINEER may furnish to any Subcontractor or other person or organiza- tion, to the extent practicable, evidence of amounts paid to CONTRACTOR on r7 account of specific Work done in accordance with the schedule of values. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. I 6.11. CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of O'ANER. . Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume ' ~ l all costs incident to the use in the performance of the Work and the coo- pleted Project of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemmify and hold harmless OWNER and ENGINEER and anyone c, a directly or indirectly employed by either of thews from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use y' in the performance of the Work or resulting from the incorporation in the ' Work of any invention, design, process, product or device and shall defend ? all-such claims in connection with any alleged infringement of such rights. 6.13. CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time i ; of his Bid. OWNER shall assist CONTRACTOR, when necessary, in obtaining l ` such permits and licenses. CONTRACTOR shall pay all public utility y charges. I, 1 + it K~ 1i I ti~ • • >.......r.. vav ri,:.l.~~'Y..w~S W:1in:'wllti /~bJ.'w'^ ' t I i , _'1 i ~r l r i1 AM Laws and Regulations: b.14. CONTRACTOR shall give all notices and comply with all laws, • ordinances, codes, rules and regulations applicable to the Mork. If CONTRACTOR observes that the Specifications or Drawings are at variance ?1 therewith, he shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. if CONTRACTOR performs any work contrary to such laws, ordinances, rules and regulations, and without such notice to ENGINEER, he shall bear all costs arising therefrom. Taxes: 6.16. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed. Use of Premises: 6.16. CONTRACTOR shall confine his equipment, the storage of ma- terials and equipment and the erations of his workmen to areas persd tied by law, ordinances, codes, peMopts, or the requi rents of the Contract Documents, and shall not unreasonably encumber the premises with materials r T• or equipment. { 6.17. CONTRACTOR shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that wilt endanger,` + it. '~F Record Drawl ngs: 6.18. CONTRACTOR shall keep one record copy'of ail Specifications', Drawings, Addenda, Modifications, and Shop Drawings at the site in good. Oed , order; and annotated t0 show all changes made during the ring 'the,constrgeYl These 'Shall b available top o6INEER, shall be del,j l tb :r •x proce ss. r s tt , him, for OH 1 eti on of the ect. 4 4 014 and P roteeti on: ~If ~ y7~ i(I r Safety 1 C%TRACTOR shall be responsible for i ni ti eti ng, a, I ntai n1 ho and 6.19. s, supervising all safety precautions and programs In coAnectioh with the 1 ik Work., He shall take all necessary precautions for 'the safety of, dud shall provide the necessary protection to prevent damage, ury,or,lots .to: f 6.19.1. all employees on the, Project site, and other persons 'Who, i I r - ' ~ ` • ,,t~, may be affected thereby, GC-11 x ' F6N-1-87 r" ',.•r ' ot'. is F 9 L Al a J~ , k3 1, '4 C1, f, y y rk I ~ F I FF I 6.19.2. all the Work and all materials or equipment to be , incorporated therein, whether in storage on or off the site, and 6.19.3. other property at the site or adjacent thereto, Includ- ing, but not limited to, trees, shrubs, lawns, walks, pavements, road- ways, structures and utilities not designated for removal, relocation or replacement in the course of construction. + CONTRACTOR shall comply with all applicable laws, ordinances, rules, codes, ; regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, conditions injur d or loss. He shall erect and maintain, as required by n 1. progress of the stork, all necessary safeguards for its safety and protec- tion, He shall notify owners of adjacent utilities when r.rosecution of the work may affect them. All damage, injury or loss referred to in Paragraph 6.19 or 6619.3 which is caused, directly or indirectly, in whole or in l part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by CONTRACTOR or any Subcontractor or anyone for whose acts CONTRACTOR or any Subcontractor may be liable, shall be remedied by CONTRACTOR. CONTRACTOR 's duties and responsibilities for the safety and Work is protection of the Rork shall continue until such time as all the completed and ENGINEER has Issued a notice to OWNER and CONTRACTOR in i a;cordance with Paragraph 14.12 that Work is acceptable, Emergencies: 6.20. In any emergency affecting the safety of persons or property, f the CONTRACTOR shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the CONTRACTOR on account of emergency work shall be determined as ' 'rt 1 provided in Articles 11 and 12 for Changes in the Work. } 4 + ! Shop Drawings and Samples: 6.21. After checking and verifying all field measurements aid after ; amA tis~ J complying with applicable procedures specified in the 6erieral Requirements, CONTRACTOR :Kali submit to EM6IMEER for review and approval in accordance with the accepted schedule of Shop Orawing subiWisions (see Paragraph 2:8), A{ L' y {'Sic, or for other appropriate action if so indicated in the Suppl eMental Con' f: Ly ditions, three copies plus sufficient extra copies for COMTRACTOR's needs (unless otheM se specified in the general Requirements) of all Shop draw- ings,which will bear 'a stamp or specific written indication that WNTRAC- TOR has satisfied CONTRACTOR responsibilities under the contract Dodu rents with respect to the review of the submission. All sutsissions will be identified as ENGINEER may reoire. The data shown on tht Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- ; "rice and design criteria, materials and similar data to enable ENGINEER to i review the information as required, GC-12 FU-1-81 it .w SP n/A M+..+✓ V.v ~ ! . .1' . _ ...u. n,a ,.n•. rr,.»•vn. nt.M.y+i wTrCh~,YAiJ w. r , t, ~ r _ ell r . } ;I 6.22, CONTRACTOR shall also submit to ENGINEER for approval with such promptness as to cause no delay in Work, all samples required by the Com tract Documents. All samples will have been checked by and stamped with ' the approval of CONTRACTOR, identified clearly as to material, manufac- turer, any pertinent catalog numbers and the use for which intended. 6.23. At the time of each submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.24. ENGINEER will review and approve with reasonable promptness r; Shop Drawings and samples, but his review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a sepa- rate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until approved. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submissions. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CK RACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and r similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.25. Where a Shop Drawing or sample submission is re Specifications, no related Work shall be commenced until the submissionehas been approved b ENGINEER. by A copy of each appproved Shop Drawing and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to ENGINEER. 6.26. ENGINEER's approval of Shopp Drawings or samples shall not J Ilk. relieve'CONTRACTOR from his responsibility for any deviations from the. requirements of the Contract Documents unless-CONTRACTOR has 1n wilting kt. called ENGINEER's attention to such deviation at the time of"submission and k. J4 ENGINEER has 91ven written approval to the specific deviation,' nor shall any approval by ENGINEER relieve CONTRACTOR from responsibility for errors { r f N; k or omi ssi ons i n the Shop 2, , t t Cleaning: t. 6.27, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other, debris resulting from the Work; and at r, the completion of. the Work he shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER, CONTRACTOR shall restore to their - GC-13 h' FAN-1-87 t.Ti yf R r'~ ifs it } E ' ~:A ~~„y....-^+....:-.u.wr w.,,.,, MJw2 Ki~Ya'4i'.kuu i"i✓:A'iSM ~Y i e.`-+riJ/~tiid lr+♦dl~1 a.~'<5ki::.t*.'i~.~?'I~~:i~11ii'~M~!`49+~fw,~,~~ .Erg i ,r I original condition those portions of the site not designated for alteration j by the Contract Documents. ! Indemnification: i • 3 6.28. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including, but not limited to, attorneys' fees arising out of i or resulting from any act, omission or defect connected with the perfor- mance of the Work, provided that such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to i or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part j by any condition of the premises or the materials, or by any act or orris- i slon of CONTRACTOR, any Subcontractor, anyone directly or indirectly ? employed by CONTRACTOR or any Subcontractor or anyone for whose acts CONTRACTOR or any Subcontractor may be liable, regardless of whether such claim, damage, loss or expense is caused in part negligently or otherwise, by a party indemnified hereunder. ? 6.29. In any and all claims against OWNER or ENGINEER or any of their agents or employees by CONTRACTOR or any employee of CONTRACTOR, any Sub- contractor, anyone directly or indirectly employed by CONTRACTOR or any Subcontractor or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.28 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. „ ARTICLE 7 - WORK BY OTHERS , r 7.1. OWNER may perform additional work related to the Project by i himselfi or he may let other direct contracts. CONTRACTOR shall afford the <I, other contractors who are parties to such direct contracts (or OWNER, if he C 1 is performing the additional work himself), reasonable opportunity..for,the introduction and storage of imaterials, and equipment and the execution of i` work; and shall properly connect, and coordinate his Work withktheirsr i } cItS4 7.2. If any part of CDWTRACTOR's Work depends for proper execution or j result upon the work of any such other contractor (or OWNERi, CON?RAf,TOR fi~1 shall inspect and promptly report to ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper ex6:n- 1+ Lion and result. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work, r 1 t GC-14 I FAN-1-87 All rte, ~ 1 1 r, r f M. CONTRACTOR shall do all cutting, fitting and patching of his yy Work that may be required to make its several parts come together properly f and fit it to receive or be received by such other work. CONTRACTOR shall F.r ,a I not endanger any work of others by cutting, excavating or otherwise alter- ing their work and will only cut or alter their work with the written con- sent of ENGINEER and of the other contractors whose work will be affected. 7.4. If the performance of additional work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Agreement, notice thereof Dal l be given to CONTRACTOR prior to starting f any such additional work. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER,, OWNER shalt appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of him Under the Contract ~ Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in Paragraphs 14.4 and 14.12. I. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying`and making available to CONTRACTOR copies of surveys and investigation reports of, subsurface and latent physical conditions at the site or otheM se , + affecting performance of the work which have been relied upon by ENGINEER in preparing the Drawings and Specifications.' 8.5. OWNER's responsibility in respect of tertalm Inspections, tests i {tip end approvals Is set forth in Paragraph X3.29 8.6, In Connection with OWNER's right to'stbp Work or, 3uspenA 116rii, see Paragraphs 13.8 and 15.1. Paragraph 15.2 deals with OWNER's ri ght to terminate services of CONTRACTOR under,certain circumstances. 5 {i ARTICLE 9 ENGINEER'S STAfu"S, oRIMG COMSTgUCTION V Owner's Representatives. ' 9.1. ENGINEER will be OWNER's representative during,the construction period unless the OWNER advises the CONTRACTOR, of other, arra"ementsa TAe r ItA I GC-15 , 141 1 > C'1 r ~ ~ r!i FAN-1-81 Y, 1,,, IJ . 4 I, 1 I A 1 , I ii FF I f duties and responsibilities and the limitations of authority of ENGINEER as " a OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and i ENGINEER. i Visits to Site: 9.2. The ENGINEER will make visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Docu. ments. On the basis of his on-site observations as an ENGINEER, he will keep the OWNER informed of the progress of the Work, and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CON- TRACTOR. The ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the ' Work. j Clarifications and Interpretations: I 9.3. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be I consistent with or reasonably inferable from the overall intent of the ! Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles him to an increase in the i may make a claim therefor as provided in Article11 Contract Price. he , f ` Rejecting Defective Wort: ~ i 9.4, ENGINEER will have authority to disapprove or reject Work which i i is defective (which term is hereinafter used to describe Work that is + 4. unsatisfactory, faulty or defective, or does not conform to' the, requireements ` of the Contract Documents or does not meet the requirements of any'` inspection, test or approval referred to in Paragraph 13.2 or has been ,e daiuged pri or to approval of f! na1 payyam~eent).' He ri 111 al id fare autAoM ty i } ;Gh to require special inspection or testing' of the Work' e's pirori dad" i o, 'aa y Parai 5 r ph 13.7 whether or,not the Work.is fabricated, installed or r:. comp Sep Drawings, Change Orders and Payments: f. 9.5. In connection, with ENGINEER's responsibility for Shop Drawings and samples, see Paragraphs 6.21 through 6.26 inclusive. 9.6, In connection with ENGINEER's responsibility for Change Orders, see Articles 10, 11 and 12. 9.7. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14, i GC-16 E . FAN-1-87 r i , tc.'a.o...:.:tiro.ar:rall+.~N1J:i:wfi'.'•b.`dL'. A.btt4d'a•r~ I, t Resident Project Representatives: 9.8. If OWNER and E14INEER agree, ENGINEER will furnish a Resident 3 Project Representative and assistants to assist ENGINEER in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Resident Project Representative and i assistants shall be as set forth in the Supplementary Conditions. Decisions on Disagreements: 9.9. ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge, ENGINEER will ex±rcise. his best efforts to ensure faithful performance by both OWNER and CONTRACTOR. ENGINEER will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work'or the interpretation of or performance under the Contract Documents shall be referred to ENGINEER for decision which he will render in writing within a i reasonable time. Limitations on ENGINEER's Responsibilities: 9.10. Neither ENGINEER's authority tr act under this Article 9 or elsewhere in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, to any Subcontractor, ? to any material man, fabricator, supplier or any of their agents or j employees or to any other person performing any of the Work. 9.11. ENGINEER will not be responsible for CONTRACTOR's means, f methods, techniques, sequences or procedures of construction, or the safety ! precautions and programs incident thereto, and he will not be'responsible for, CONTRACTOR's failure to perform the Work in accordance, with, the Con- tract Documents. The ENGINEER shall.have no responsibility' ~Ith.,resect to safety arts h'as no,obligation to see that the CONTRACTOR 's safety relf9i- f ti~s9,12. f uENGiNEER wilt not be responsible for the acts or J ss' ons of ~I CONTRACTOR,, or any Subcontractor, or any of CONTRAC?OR's.or any Subco ~r • tractor, s agents or, e~aployees, or any' other persons at the si to or,, ~ . r r' rLl r i ; ~r,i'~1'Y t '.t , ` is iY, - otherwise performing any of tha Work. " t ARTICLE 10 - CHANGES IN THE WORD OWNER may, at 'any .ti lee o 1 10.1. Without invalidating the Agreement, r x from time to time, order additions, deletions or revisions in the Work';' T these will be authorized by Change,Orders, Upon receipt of a Change Order, i GC-17 E, M-1-81 Ti a ~!t 7(~1 .,y fl. J`'1 ~ YM.A.Yw.~~r~.»N.~..M wr~ur.rr.r...wr...lYn.r..JMG../.r`r.r..e..u wr~r..•..w.w...~u.~.r.y.~.~-... ~....~.r ~r..~~~.1 ~,a 1 f~yjl,4.i~j,( 2 4 4 1 ~ r i r I CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 1 10.2. ENGINEER may authorize minor changes or alterations in the Work not involving extra cost or contract time and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If CONTRACTOR believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price or Contract Time, he shall not proceed with the work and shall in writing advise the ENGINEER and request a Change Order, otherwise such right to an increase is waived. 10.3. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle him to claim an increase in the Contract a Price or an extension of the Contract Time, except in the case of an emer- gency as provided in Paragraph 6.20 and except as provided in Paragraph t 13.7. 10.4. OWNER, after consideration and approval, may execute appropri- ate Change Orders prepared by ENGINEER covering changes in the Work to be performed as provided in Paragraph 4.3, and Work as provided in Paragraph 6.20 and any other claim offCO~NTRACTORnfoorr agency change in the Contract Time or the Contract Price which is approved by ENGINEER. " ARTICLE 11 - CiiANGE OF CONTRACT PRICE • f 11.1. The Contract Price constitutes the total compensation payable f to CONTRACTOR for. performing the Work; All duties, responsibilities add obligations assigned to or undertaken by CONTRACTOR shall be at hiS expense without change in the Contract Price. a 4 11.2, The Contract Price may only,be chapgee by a Change Order. Any k~• 111 t ;r claim for! an Increase in the Con:ratt Price'shall be based on written notice `doliVeri►d to OWNER and 1AIREER within te'n (10) days of the A occurrence of the event giving rise to the claiai; Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days • of such 'occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the contract 1 Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot 1 otherwise agree 'on the amount involved. 11,3. The value of any Work covered by a Change Order or of any claim 4 for an increase or decrease in the Contract Price shall be determined in one of the following ways; «s f FAN-1-87 j . ~ ,,r.ainl..:4 d.<t+w.J.r vi. +.wJ.uw...... ' S. :i i i 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved, unless actual quantities differ from bid quantities by twenty (20x) percent. Revised consideration Trill be given to that rti In excess Of twent) difference subject to mutual nacceptance of ahrevi s d uni tzpri ece ent 11.3.2 By mutual acceptance of a lump sum, i 11.3.3 On the basis of the actual cost directly related to the work Pius a Contractor's lee for overhead and profit in the amount of fifteen (15x) percent, The actual cost shall be limited to. including foremen; materials entering permanently into the work; the ownership or rental cost of construction plant and equipment the time of use on the extra oast during the operation of power equipment; ~insu ante; andssocial security and old age and unemployment contributions, ~ 11.3.4 The CONTRACTOR agrees to lake no cl I " Fri > work as provided herein. delay in the performance of this Contract noccasior*d o Claims for damage for ~ oansslon to act of the ENGINEER, OWNER, or any of the EN6any act 's or , OWNER's agents, and agrees INEER that any such claim shall be fully compensated by an extension of time to complete performance of the 11.3.5. The c f oapensation agreed upon in a Change Order is a f full, complete and final payment for all costs CONTRACTOR der Is a result or relating to the change, whether said known costs are known, 'un- S , foreseen or unforeseen at that time, including without i limitation, any costs for delay, extended overhead, ripple or imp6ct costs, or any other effect on changed or unchanged work as a result of <i - the change. A y 113. The amount of credit to be allowed by CONTRACTOR t the for any such change which results in a net decrease in cost, will be e the of the actual net decrease which decrease shall include a CONTRACTOR's Feet for overhead and pro fit in the amount of fifteen (15x) additions and credits are involved In any one change "cent. When both of fifteen (15x) na the CONTRACTOR r fee 1 or decrease, if any, cent shall be figured on the basis of the net 4ncease I U.S. Whenever the cost of any Work is to be determined pursuant to paragraph 11.3. CONTRACTOR will submit in a form prescribed by ENGINEER an itemized cost breakdown together with supporting data. - t s, Fdd! -1-81 ~`lg l r r.kd ~ I . F s FF I ARTICLE 12 - CHANGE OF THE CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written { notice delivered to OWNER and ENGINEER within ten (10) days of the occur- rence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accus,ate data. All claims for adJustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change order, otherwise such claim is waived. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefor as provided in Paragraph 12.1. Such delays shall include, but not E . be restricted to, acts or neglect by any separate CONTRACTOR employed by OWNER, fires, floods, labor disputes, epidemics, or acts of God other than weather conditions. No time extensions will be allowed for weather condi- tions for Protect using calendar days for the Contract Time. 12.3. The CONTRACTOR agrees that time is of the essence of this j ! contract, and that for each day of delay beyond the Contract Time herein i agreed upon for the completion of the work herein specified and contracted ! for (after due allowance of such extension of time as is provided for in ` Article 12) the OWNER may withhold permanently fros the CONTRACTOR's total i! compensation the amount per day set forth in Supplementary Conditions, not as a penalty, but as liquidated damages and for added expense for engineer- ing services, etc. , { 12.4. Changes in the Contract Time may be made only pursuant to this Article and a progress schedule shall not constitute a change in the Contract Time. 7 t ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND iNSPECTIOi(S: CORRECTION, *4 b f REMOVAL' OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in Paragraph 13.2. All un- satisfactory York, all faulty or defective Work and all Bork not conforaing to the requirements of the Contract Documents at the time of acceptance thereof or not conforming to the requirements of such inspections, tests or ' approvals, shall be considered defective. Pronpt notice of all defects GC-20 i FAN-1-9) 71, tJ i { shall be given to CONTRACTOR by the OWNER or by the ENGINEER. All t , defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. 10 ' Tests and Inspections: 13.2. If the Contract Documents, laws, ordinances rules, regu- lations, codes, or orders of any public authority having jurisdiction require any Mork to specifically be inspected, tested, or approved by some public body, CONTRACTOR shall assume full responsibility therefor, pay all b costs in connection therewith and furnish ENGINEER the required certifi- cates of inspection, testing or approval. All other inspections, tests and I approvals required by the Contract Documents shall be perfomed'by organizations selected by OWNER and the costs thereof shall be borne by OWNER unless otherwise specified. i 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of F the work for all inspections, tests or approvals. If any such Work which t is required to be inspected, tested or approved, is covered without ! written approval of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, and such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER t1me1y notice of his intention F{ to cover such York and ENGINEER has not acted with reasonable proiptness in response to such notice. r, 13.4. Neither observations by ENGINEER nor inspections, tests or 1 , approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from + his obligations to perform the Mork in accordance with the requireeents of the Contract Documents. tr Access to Work: } r 13.5. ENGINEER and h s representatives and other representatives of OWNER will at reasonable t mes have access.to the Mork:' CONTRACTOR shall } provide proper and safe failities for such access and observation of the Work and also for any inspection or testing thereof by others. ~a . Uncovering Work: , 13.6. If any Mork 1s covered contrary to the written reliest of 4 ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's : observation and re-covered at CONTRACTOR's expense. , 13.7. If any Work has been covered which ENGINEER has not specifical- ly requested to observe prior to its being covered, or if ENGINEER con- siders it necessary or advisable that covered Work be inspected or tested, CONTRACTOR, at ENGINEER 's request, shall uncover, expose or otherwise make r available for observation, inspection or testing as ENGINEER may require, GC-21 t M-1-87 S' 1 t. l ~ .b r t 7 { i1 r r t _ r { 5 1 i wl` rl ~a~51~~,.~1~YiSMFMi1WMIL..Niti av s~....,...... «...~..............~....~..«...~,-w w-..r~•w ~..1WMili f -saw awl k that portion of the Work in question, furnishing all necessary labor, mate. ri al and equipment. If it is found that such Work Is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, in- spection and testing and of satisfactory reconstruction, including com sation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction j if he makes a claim therefor as provided in Articles 11 and 12. 1 Owner Nay Stop the Work: 13.8. If the Work is defective, or CONTRACTOR fails to supply suffi- cient skilled workmen or suitable materials or equipment, or fails to conform to the progress schedule required by Paragraph 14,1, of if CONTRACTOR fails to make prompt payments to Subcontractors or for labor, materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cruse for such order has been eliminated; ;e ( however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercfse this right for the benefit of s CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.9. if required by ENGINEER prior to approval of final payment. e CONTRACTOR shall promptly, without cost to OWNER and as specified by a' ENGINEER, either correct any defective Work, whether or not fabricated, { 4 installed or completed, or, if the Work has been rejected by ENGINEER, 1 remove it from the site and replace it with non-defective Work, If CON- TRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written t - - notice from ENGINEER, OWNER may have the deficiency corrected or the re- jected Mork reroved and replaced. All direct or indirect costs of such= ' C correction or removal and replacement, including compensation for addi ,7j tional professional services, shall be paid by CONTRACTOR, and an appro- priate deductive Change Order shall be issued. CONTRACTOR shall also bear i the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work. One Year Correction Period; 13.10. If, after the approval of final payment and prior to the expiration of one year thereafter or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it ' t has been rejected by OWNER, remove it from the site and replace it with GC-22 F6W-1-81 E1. y r .;v.lY•;~i:l>i»ti/~:54tllSa f.tGu4!{Igfi N!M' ti non-defective York. If CONTRACTOR does not promptly comply with the terms + of such instructions, OWNER may have the defective Work corrected or the rejected York removed and replaced, and all direct and indirect costs of r such removal and replacement, including compensation for additional pro- fessional services, shall be paid by CONTRACTOR. Acceptance of Defective York: 13.11. If, instead of requiring correction or removal and replacement of defective York, OWNER prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER. s , Neglected York by Contractor: 13.12. If CONTRACTOR should fail to prosecute the York in accordance with the Contract Documents, includln? any requirements of the progress schedule, OWNER, after seven (7) days written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such defi- ciencies and the cost thereof (including compensation for additional professional services), shall be charged against CONTRACTOR in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due CONTRACTOR are not suffi- cient to cover such amount, CONTRACTOR shall pay the difference to OWNER. ARTICLE 14 - PAYMENTS AND COMPLETION Schedul *s: i 14.1. At least ten (10) days prior to submitting the first App11Ca- „ tion for a progress payment, CONTRACTOR shall submit a progress.schhedulb, a E, . final schedule of ShoP Drawing submission and a schedule of values of the Bork. These schedules shall be satisfactory in form and to ies end substance ENGINEER. The schedule of values shall include quanta uhl t pr(ces i aggregating the Contract Price, and shall subdivide the York into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by ENGINEER, s it shall be incorporated into the form of Application for Payment furnished k by ENGINEER. Application for Progress Payment: 14.2. At least twenty (20) days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed f i GC-23 } l FU-1-87 1 ' J 1 h j t 'l ,l 1 1 j s GO_ by CONTRACTOR covering the Work completed as of the date of the Applica- tion and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Mork but delivered and suitably stored at i' the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other docu- mentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as 'Liens') and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's Interest therein, all of which must be satisfactory to OWNER. The amount of retain- age with respect to progress payments will be as stipulated in the Agree- Pent. Each subsequent Application for Payment shall also include an affi- davit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRAC- f, TOR's obligations reflected in prior Applications for Payment. The E CONTRACTOR shall certify on each Application for Payment that the Work i performed to date con lie s with the Contras p t Documents. Contractor's Warranty of Title: 14.3. CONTRACTOR warrants and materials and equipment guarantees that title to all work, ~ E covered by any Application for Payment, whether E incorporated in the Project or not, will pass to OWNER at the time of payment and clear of all liens, claims, security interests ani ' Approval of. Payments: , 14.4. ENGINEER will, within ten (10) days after receipt of each Application for Payment, either indicate in writing his approval of s payment and present the Application to OWNER, or return the Application to CON- I TRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR Pay make the necessary corrections and re- submit the Application. OWNER shall, within ten (10) days of presenl•tion { to him of the approved Application for Payment, pay CONTRACTOR the amount approved by ENGINEER less five (5t) percent of the amount thereof which shall be retained until Final Payment and less all other sums that may be + retained b y the OWNER as set forth in the Contract Documents. 1 14.5. ENGINEER's approval of any payment requested in an Application (iii for Payment will constitute a representation by him to OWNER, based on I ENGINEER 's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the accompanying data and schedules that the Work has pro- + gressed so that: (1) to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon n' J f ' GC-24 F&N-1-87 , , ,A1rt,' ~ • ~ 4^ ~ 'f' tiY.fti.M'iwWS~nr»:I1 r.n ue. a....; ♦w.. r. ...~u ' 1 .I , pw•.~. Substantial Completion, and subject to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval); and (2) that CONTRACTOR is entitled to payment of the amount ; approved. However, by approving any such payment ENGINEER will not thereby • be deemed to have reppresented that (1) he wade exhaustive or continuous r,x on- site i nspections to check the quality or the quantity of the Work, or r (2) he has reviewed the weans, methods, techniques, sequences, ar:d procedures of construction, or (3) he has wade any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or (4) title to any Work, materials, or equipment has passed to OWNER free and clear of any Liens 14.6. ENGINEER may refuse to approve the whole or any part of payment 1 f, i n hi s opt ni on, i t woul d be 1 ncorrect to make such representati ons' set out in Paragraph 14.5 to OWNER. ENGINEER may withdraw approval of any payment previously approved if, as the result of subsequently discovered evidence.or as the result of subsequent inspections or tests, such withdrawal of approval for payment is necesssary in the ENGINEER`S'opinion to protect OWNER from loss because: r' 14.6.1. the Work is defective, or completed Work has been'' damaged requiring correction or replacement, or Yii ; t•i je 14.6.2. claims or Liens have been filed or there is'reasonable ~ cause to believe such may be filed, or 14.6.3. the Contract Price has heen reduced because of 21 ti Modifications, or . 14.6.4. OWNER has been required to correct defective Work or complete the Work in accordance with Paragraphs 13.9 and 13.10, or }f 14.6.5. of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up, or II r r 14.6.6. there exi sts 'reasonable i ndicati on that' the' 11ork will not be completed within the Contract Time, or I 14.6.7. there exists reasonable doubt that the Work Can be k'r r completed for the unpaid balance of the contract price. Substantial Completion: 14.7, Prior to final payment, CONTRACTOR may, in writing to OWNER and ENGINEER, certify that the entire Project is substantially complete and re- ` ` quest that ENGINEER issue a certificate of Substantial Completion' Within a reasonable time thereafter, OWNER, CONTRACTOR, and EN61WEER shall sake an F inspection of the Project to determine the status of completion. If' ENGINEER does not consider the Project substantially complete, he will I is . GC-25 a Y, I r FAN-1-87 ~1 mfr lp f ' „ t , l yis • ~.~1~gYliair. ""^r'.'.'_ r 1. t , .1' i - 4' l 1 notify CONTRACTOR in writing giving his reasons therefor. If ENGINEER considers the Project substantially complete, he will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of substantial Completion and the responsibilities between OWNER and CONTRACTOR for maintenance, air conditioning, heat and utilities. There shall be attached to the tentative certificate a tentative list of : items to be completed or corrected before final payment, and the certifi- i Cate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Tise. OWNER shall have i seven (7) days after receipt of the tentative certificate during which he E may wake written objection to ENGINEER as to any provisions of the certi- ficate or attached list. If, after considering such objections, ENGINEER concludes that the Project 1s not substantially complete, he will within III fourteen (14) days after submission of the tentative certificate to OWNER notify,CONTRACTOR in writing, stating his reasons therefor. If, after con- 1 sideration of OWNER's objections, ENGINEER considers the PROJECT substan- tially complete, he will within said fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion j (with a revised tentative IIst of stews to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER, The failure of y the ENGINEER to include any items on such tentative list of items to be completed does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. 14.8. OWNER shall have the right to exclude CONTRACTOR from the Project after the date of Substantial Completion, but OWNER shall allow CONTRACTOR ret;onable access to cceplete or correct items on the tentative list. Partial Utilization: d ; 14.9. Prior to final payment,, OWNER may request CONTRACTOR in writing to permit his to use a specified part of the Project which he believes he 'Ah may use without significant interference with construction of the other s parts of the Project. If CONTRACTOR agrees, he will certify to OWNER and ENGINEER that said part of the Project is substm tially complete and re- ' quest ENGINEER to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable time thereafter OWNER, CONTRACTOR s ; and ENGINEER shall make an inspection of that part of the Project to deter- mine its status of completion. If ENGINEER considers that part of the Pro- ject to be substantially complete, he will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial items to be ca pleted or ecoProject, rrected before attaching thereto lostCompletion payment and fixing the responsibility between OWNER and CONTRACTOR for maintenance, air conditioning, heat and utilities as to that part of the Project. OWNER shall have the right to exclude CONTRACTOR from any part of the Project which ENGINEER has so certified to be substantially complete, but OWNER ; GC-26 F8N-1-87 f i r y ~~6d/yA~vwsrs++wr..w.•a.w u~..........~n:~. r. ...J._¢...,<.<J.....;.,.rawi.,,rl,i^R+r+:,v+riycCi"411+d4S0lA a'G71 M.Ye M~unw.w....-^ 1 I 51 j shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. ; Final Inspection: t 5 14.10. Upon written notice from CONTRACTOR that the Protect is j f complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR 1 and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such J deficiencies. Final Application for Payment: 14.11. After CONTRACTOR has completed all such corrections. 1 referenced in Paragraph 14.10 to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents all as required by the Contract Documents, he may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by such data and schedules as OWNER may reasonably require, ) i together with complete and legally effective releases or waivers (satin- 1 factory to OWNER) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished I %L thereunder. In lieu thereof and as approved by OWNER, CONTRACTOR •a 4 furnish receipts or releases in full including an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which Lien could be filed, and that all payrolls, material and r . which uipment bills, and other indebtedness connected with the Work for OWNER or his property might in any way be responsible, have been paid or otherwise satisfied and also including consent of the surety, if army, to r! final payment. If any Subcontractor, material man, fabricator or sup 1er fails to furnish a release or receipt in full, CONTRACTOR may furnish a k ; Bond or other collateral satisfactory to OWNER to indemnify his against any Lien. Approval of Final Payment: ' 14.12. If, on the basis of his observation and review of the Mork during construction, his final inspection and his review of the final Application for Payment - all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, he will, within ten (10) days after receipt of the final Application for Payment, E Indicate in writing his approval for payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of Paragraph 14.15. Otherwise, he will return the Application to CONTRACTOR, indicating in writing his reasons for refusing to approve final payment, y = GC-27 r FAN-1-87 s 1 1I f.~w, in which case CONTRACTOR shall make the necessary corrections and resubmit r the Application. OWNER shall, within ten (10) days of presentation to him 1 of an approved final Application for Payment, pay CONTRACTOR the amount w approved by ENGINEER. 14,13, If after Substantial Completion of the York final completion thereof is materially delayed through no fault of CONTRACTOR, and ENGINEER so confirms, OWNER, upon certification by ENGINEER, and without terminating the Agreement, may make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. { Contractor's Continuing Obligation; 14.14. CONTRACTOR's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute$ j q. t Neither approval of any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor,any payment by ' { OWNER to CONTRACTOR under the Contract Documents; nor any use or occupancy ; of the Project or any part thereof by OWNER, nor any act of acceptance by h OWNER nor any failure to do so, nor any correction of defective work by OWNER shall constitute an acceptance of Work not in accordance with the i J Contract Documents. Waiver of Claims: j 141,15. The making and acceptance of final payment shall constitute a 4 waiver of all claims by CONTRACTOR against OWNER,other than those previous- ' ly made in writing and still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION j Owner May Suspend Work: fir; t ~ ls.1, OWNER may, at any time and without cause, suspend the work or J any portion thereof for a period of not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR may be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Articles 11 and 12, r . r 6C-28 f 1 F6,Y-1-87 ..............I.;,:.w+~..,,i.:..~.cv ol>MiYfWAb:l•~tt•J'a!r`+~44?a'~~F~dW1A~Y~itl~.~i~YiRVk►Y~ri!`. r r' v S' i r F.' owner Kay Terminate: 15.2. If CONTRACTOR is adjudged as bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trus- tee or receiver is appointed for CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debto.'s act, or to reor- ganize under the bankruptcy or similar laws, or if he repeatedly fails to i~ supply sufficient skilled workmen or suitable materials or equipment, or if ~ he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regula- tions, codes, or orders of any public body having jurisdiction, 'or'if he disregards the authority of ENGINEER, or if he otherwise violates any provision of the Contract Documents, then OWNER May, without prejudice to an other right or remedy and after giving CONTRACTOR and his surety seven (7) days' written notice, terminate the services of CONTRACTOR,•and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the work by whatever method he may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the York is finished. If the unpaid balance of the Contract Ptice exceeds the direct and indirect costs of completing the Project, including compensation jJ for additional services, such excess shall be paid to CONTRACTOR.; if such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be determined by ENGINEER and incorporated in a Change Order. Where CONTRACTOR's services have been so terminated by OWNER, said terminations shall not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue., Any retention or payment of mdneys by OWNER due CONTRACTOR will not release CONTRACTOR frod liability. y 15.4. Upnn seven (7) days'. written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other, right or rew- t ,F edy, elect to abandon the Project and terminate the Agreement. In such ; case, CONTRACTOR shall be paid for all Mork executed and any expense, 1 r ' r sustained plus a reasonable profit. ,a ! Contractor Kay Stop York or Terminate: i , ^k ; 15.5. ' If, through no 'act or fault of CONTRACTOR, the Mork is suspen- ded for a period of more than ninety (90) days by OWNER or tinder an order of court or other public authority, or ENGINEER fails to act on any Appli- cation for Payment within thirty (30) days after it is subad tted or OWNER 1 fails to pay CONTRACTOR any sus approved by ENGINEER within thirty (30) < days of its approval and presentation, then CONTRACTOR may, upon seven (7) days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the . I Agreement, if ENGINEER has failed to act on an Application for Payment l I !1{ GC-29 ; F8N-1-87 ' r ~ f f L~ 1 ' 1 00 i f within thirty (30) days or OWNER has failed to make any payment as f l aforesaid, CONTRACTOR may upon seven (7) days' notice to OWNER and ENGINEER i stop the Work until he has been paid all amounts then due. `j i i r ARTICLE 16 - MISCELLANEOUS ~ Giving Notice: } 16.1. Whenever any provision of the Contract Documents requires the t giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business f address known to his who gives the notice, Computation of Time: 16.2. When a period of time is referred to in the Contract Documents ~ by days, it shall be computed to exclude the first and irt,lude the last day of such period. If the last day of any such period falls on a.Saturday or { Sunday or on a day made a legal holiday by the law of the applicable Juris- diction, such day shall be omitted from the computation. Lf s General: E` 16.3. All Specifications, Drawings and copies ttereof furnished by s j ENGINEER shall remain his property. They shall not be used on another f; { Project, and, wlth the exception of those sets which have been signed in x connection with the execution of the Agreement, shall be returned to his on request upon completion of the Project. 16.4. The duties and obligctlons imposed by these General, Conditions and the rights and,remedies available hereunder, and, in particular but c posed ypon' r, rsti F'` ' without liNtation, the riarranties, guarantees and obltgatlonsam k> CONTRACTOR by Paragraphs 6.28, 13.1, 13.10 and 14.3 and the ri ghts and , xr remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by laws by special guarantee or by other provisions of the Contract Documents. 16.5. The Contract Documents shall be governed by the law of the place of the Project. { i 41 G C-30 F&M-1-87 ! rr. fit' S^.i' :i - ~.....,._....~....,......................,...........,.~r.w.,.~~..•t~;Y`r'rV.+GX✓bM>Y:i~1.1M14e M11'#eMRI[RNA~r~~~~ ' y~'.r I I ~yy 1 ~r SUPPLEMENTARY CONDITIDNS 1. PHYSICAL CONDITIONS - SURVEYS AND REPORTS: Subsurface exploration to aster a n e nature o so s, nc u ng a amount of rock, if any, and geotechnical information necessary to develop a trench safety program is the responsibility of any and all prospective bidders. The Owner has made test borings in limited areas for its own use and for the use of its Engineer. While a log of borings may be shown in the plans or attached to ' the Contract Documents, they are not intended to be, nor shall they be construed to be, a part of the Contract Documents. Prospective Bidders may review copies of the soil testing laboratory's Reports at the office of Freese and Nichols, Inc. It is specifically understood, however, that all subsurface and/or soils information is furnished for the bidders' and (Contractor's) information only and neither the Owner nor the Engineer' by making such information available make any representation as to its accuracy or adequacy. The prospective bidders (and Contractor) shall sake f such explorations, analyses and other investigations as they deem necessary to inform themselves of the actual conditions to be encountered in ' performing the Work required by the Contract Documents, including but not f, limited to information necessary to develop a trench safety program to ' comply with all requirements of OSHA, federal, state, and local laws, rules and regulations. Compliance with these laws, rules and regulations; 's including but not limited to HB 662 and HB 665 as adopted by the 72nd' ' Session of the Texas Legislature, shall rest solely with the Contractor. 2. REFERENCE POINTS: The Contractor shall be responsible'for the complete ' layout o the wore and for establishing lines and elevations as needed during construction. The Contractor shall furnish at his own expense i labor, including the services of competent personnel, equipment.' including # accurate instruments, stakes, templates, platforms, tools, and materials as # gray be required for laying out any and all parts of the work. The'Enginear will be available for assistance in an advisory capacity: r 3. INSURANCE: The Contractor shall comply with the requirements of the City o non minimum insurance requirements, and in accordance with t, Article 5.3 of General Conditions. The Cit~- of Denton requirements shall govern in event of conflict. 4. RESIDENT PROJECT REPRESENTATIVE: The Owner at his resident option may provide a project represen re wring the construction phase of this r project. In general, the authority of the resident project representative i is as set forth in Attachment A which is included immediately following these Supplementary A%nditions. 5. LI IDATEO DAMAGES: In the event the Contractor fails to attain ' subs an a comp a on of parts A. B and C by the scheduled completion dates shown in the proposal, then in such event, the Amer way withhold T.- money permanently from the Contractor's total compensation the following 00800-1 i J amounts per day for each day that substantial completion exceeds the completion dates. • ~ i Part A $340 Part B $320 Part C $150 6. SUBSTITUTE MATERIALS OR EQUIPMENT: Reference is made to Article 6.7 of the General rt Tons. Tbe o1Towfng shall be added to the end of the paragraph: t 'Approval of a substitute, if authorized by the OWNER, shall be in the form of a Change Order or a Field Order with no exceptions." 7. SHOP DRAWINGS AND SAMPLES: ' A. Reference is made to Article 6.21 of the General Conditions. The phrase "...all Shop Drawings, which will bear a stamp or specific , written indication that Contractor has satisfied Contractor's responsibilities... is deleted from the first sentence and the is following is inserted' ...all Shop Drawings as required for ; r submittal shall bear an executed stamp described in Article 6.23 certifying that the Contractor has satisfied the Contractor's responsibilities..." ,i B. Reference is made to Article 6.23 of the General'Conditions. The 1 I paragraph is deleted in its entirety and the following article is added: 6.23 All Shop Drawings shall be in strict compliance with the w Contract Documents. The Contractor may seek a deviation by requesting a Change Order or Field Order. All -roved Change Orders and/or Field Orders shall be incorporat. to the Shop,. Drawings. All Shop Drawings shall bear a duly c. uted statement 14 by the Contractor as set forth hereinunder. ' THIS SIWP. DRAWING HAS BEEN REVIEWED AND DETERMINE6 TO. BE N! IN COMPLIANCE WITH THE x, CONTRACT DOCUMENTS . INCLUDING PLANS.-AND SPECIFICATIONS AS f - • 1 K'.: MODIFIED BY ADDENDA, CM"E ORDERS AND FIELD ORDERS.`' CONTRACTOR s BY 'E DATE 00800-2 r1 FF ~ n • C. Reference is made to Article 6.24 of the General Conditions. The following sentence shall be deleted from the paragraph: 'CONTRACTOR shall direct specific attention in writing to ; revisions other than the corrections called for by ENGINEER on ' previous submissions." D. Reference is made to Article 6.26 of the General Conditions. The following phrase shsll be deleted from the paragraph: ` "...unless CONTRACTOR has in writing called ENGINEER's attention ` to such deviation at the time of submission and ENGINEER has given written approval to the specific deviation... 8. TRENCH SAFETY SYSTEM: Information, data, typical design schemes ' included on the raw ngs and Specifications in connection with the trench safety system is for general guidance to the prospective bidders (and Contractor) and shall not be construed to instruct the Contractor nor. specify to the Contractor the design or method of implementing a trench safety system. The Contractor shall be solely responsible for all of his activities as set forth in Paragraph 9.11 of the General Conditions. The 1 ' 3=E, L sr Contractor shall indemnify the Owner and the Engineer from any claim related to trench safety in accordance with Paragraphs 6.28 and 6.29 of the ~r General Conditions. "I `K` 9. CORRECTION PERIOD: Nothing in the General Conditions Article 13 } concern ng t. he correction period shall establish a period cf limitation with respect to any other obligation which Contractor has under the Contract Documents. The establishment of time periods relates only to the 4 r specific obligations of Contractor to correct the work, and has not a 4,: a1 'r relationship to the time within which his obligations under the Contract Documents may be sought to be enforced, nor to the time within which "r proceedings may be commenced to establish his liability with respect to his obligations other than to specifically correct the work. This correction ;3, 's, ytt` t period shall be covered by the extension of the Performance Bond. 10. RETAINAGE ON PARTIAL PAYMENTS: If the contract amount is greater than V! al a ;u $400,000, the reta nage shall If the contract amount is less than x- l,T'`. f400,0006 the retainage shall be 10%. s 11. APPROVAL OF FINAL PAYMENT: First paragraph, second line on page ' GCowner s a w n orty five (45) days", instead of 10 days. ` ;Y 12. YORK SUSPENSION BY OWNER: Page GC-29, last paragraph, fifth line, Y;f 4 "Owner falls to pay Contractor any sum approved by Engineer within ,a a.. t forty-five (45)' instead of 30 days. 1f i I ~t 00800-3 . 1 { a , fl 4 x~ r f j 13. PAYMENTS: Refer to Paragraph 14.4, Page GC-24. On the 6th line, u~ OWNER shall, within ten (10) days'; this statement shall be Changed to read: 'OW`NER shall, within forty five (45) days'. ' r t tt END OF SUPPLEMENTARY CONDITIONS t J rt f % Y F 1 x f ref , rSt } r i ♦at 1 r tlly K f~ rv{~ .7 r r 3 ~ P'4 4f{ ~ ~ 1. •i / , - .,r - ! R t ~ rd. r t ~r ~ 'S ?F ~+r' ~ t .('y~ '1~, • ~ t. ry . 1 •J , q 6 ~nr t. ,k ~f"r,5 ,'r: Y= ' •.ixr~ _ - _ rj 7 ~ Suj t i ti,y { t wt , tr ~{1r~1, 4~ 1 ~li ~ i' - AMY r 4 1'•' i r r \ r: " r . J ' Ze- p t 1 Itxp. tk~`+t• ~4i`s tt r ' ~ ~ ~ r yyyyyy3 ~i; 1 1~~91 ~fy7 ~`rf .1 vZ f~' r'. I', _ 5 V' 1 t t 1 !f ~~2 M h: 1~S 'r~~ v~ 1(i r ~Y ~ v: •r'.y .4t ~1f~,f,r,'~`rr 1? ~ f,iyr rx' ~w v'.},~y r~ r r rrl t r f + >"l 'G r t t 00800-4 o ,1 I > t l n ~ • ' •r •...~-.n.~♦ ,.-...r.\M.M.JYN~ii'L'~r. YI-WYYM4tV~JU~.fMlMwrw-~ r r J A: 1 l ' r . I• i . f r 1 r • e r r ~ r• ,i wc~ is r' [t l ' 41 ~ ) 1 i i r fJ i Mai 1 r f' 01001 GENERAL CONSTRUCTION REQUIREMENTS ' 1.01 SCOPE OF WORK The scope of work for each of the three parts. contained,In'the Pro- posal are briefly, but not completely. described herein. PrRT A - INSTALLING RAW WATER PUMP 140. 3A ANO MISCELLANEOUS PEKA I MTON 3 9.~ 1. Remove existing small pulp and motor at Pump No. 3A and replace with new 600 HP pump and motor furnished by Owner. • 2. Remove existing motor starter for Pump Ho.'3: Furn4sh and Install new switchgear for Pump 3A. 3. Rewire existing controller.(switchgear) No. 4 in accordance witp plans and specifications. Fr I 4. Install pressure gage at,tap in discharge Puna 3A led extend to"! io, mafn floor. Remove and replace the following items or. add items as listed:, is 1. 14' discharge piping for pump go. 3A from pump out to the check Valve.. e ; f 2. 14' check valve and pipe hanger at pump 3A. Existing pipe s hanger !nay be reused but,may require some alteration. 3. Thrust harness and dresser coupling on, discharge`ot'pump'3Ai' i. S ! Motor operated 14 Butterfly valve on discharge of Pump 3A too be ? with new 5 2' r valve with fSOlatin raate valvevonvdischa'r e'of'P' '9A.` A • „E~;, 6. Existing 800 HP starter.,for Pump No 1. ' ,1t Y• e 1 t ti e i; Y € l ' 7. Motor and operator far butterfly ral ve . on dischar9e 'of Pidip' lib'. t 4 8. Existing manually operated 10-ton crane.to be replaced with si pow ' ley. 10-ton nd r 9. Add new pump discharge with p power tastsMiownron a the Plans a`t ( . specifled, not listed above.,; f :I d 10. Electrical vork as,specified and shown on Plans forcomptete!and operable system.,,, 01001-1 1 a r~ea.te 11. Painting and cleanup, PART B - RAID HATER LINE CLEARING FACILITIES SEE ADDENDUM NO. 2 Remove existing sections of pipe and furnish and install four (4) pigging wyes, including one each 30" and 36" gate valve closures, new communication cable, and pedestals Furnish and install two 3" air and vacuum valves with pressure gages. I Furnish and install pressure gage connection, Sta. 0+49 i Furnish and install two 6" blow-offs near pump station end as shown j of the plans. Furnish survey work to accurately tie in elevations pressure gages. E Dewatering as necessary Drain channels, cleanup, etc. PART C - PIPE LINE CLEANING Furnish cleaning item. transportation vehicles, 2-way radios and/or communication equipment in at least three locations, personnel, factory.representatives as needed, etc. Perform the work with full cooperation with the Owner and Engineer' t Perform cleanup as to leave premises in neat condition 1.02 MATERIALS FURNISHED BY DWNER, PART A % The Dwner will furnish to the Contractor for installation, Oil' vertical turbine pumping unit as shown in detail in the Appendix to ti this document. ; The Contractor shall receive, uilcad, store and install thi'purping j unit complete for operation. The Contractor shall be responsible for checking the received items against the packing list to insure all materials as required in the. Appendix are delivered and in good condition: 1.03 UNCLASSIF4ED EXCAYATIDR,. l u Excavation will be unclassified. It shall be the responsibility of the bidder to make such subsurface investf tions sary jo determine the nature of material to be excavated. r; <fr '`rye' s 1.04 CONNECTIONS TO EXISTING FACILITIES r.; it will be, necessary, during the course of construction, to'make'dome`. connec'tla'''to'the existfng facilities. All 'work involved shall be carefully planned and coordinated with both the Engineer and the Owner so that "down" time will be held to'a minimum. On occasions C ' when the existing facilities are partially or completely down for purpose of making a connection, work shall proceed on a 24-hour ' schedule until the pumping facilities are back in operation. l 01001.2 / -•r , r al' ' } ~wse. 1.05 WORKMANSHIP These specifications contain detailed instructions and descriptions covering the major items of construction and workmanship necessary for building and completing the various units or elements of the project. The specifications are intended to be so written that only first class workmanship and finish of the best grade and quality will result. The fact that these specifications may fail to be so complete as to cover all details will not relieve the Contractor of full re- sponsibility for providing a completed project of high quality, first j class finish and appearance and satisfactory for operation, all with- in the apparent intent of the plans and specifications. 1.06 SANITATION FACILITIES The Contractor shall provide portable toilet facilities in sufficient number for the Contractor's use throughout the course of the project, ` and in accordance with OSHA requirements. ; 1.07 SALVAGED MATERIAL a During construction of the project any equipment or materials which. l has been the property of the Owner and which are to be removed and s: salvaged without reusing by the Contractor shall become the property 1 of the Contractor; however, the Owner reserves the right to"retain i. w' the following items to be delivered to designated point in the City:: Starter for Pump Unit No. 1, and No. 3 Pump and Motor for Pummp Unit No. 3, and t ' Manual 1.08 WiTER1ASHoist These specifications are intended to be so written that only rate,''. rials of the best quality and grade will be furnished. The tact that the specifications may fail to be sufficiently complete' in Somme - F tail will not relieve the Contractor of full, responsibility for pro riding materials of high quality and,protecting' them adequately untii incorporation in the structure. The specifications for "Uri als set. out the minimum standard of quality which the Owner believes neces ~ sary to procure a satisfactory project. No substitutions will be " L? permitted until the. Contractor has received written per~mi,ssion. of the , Engineer to make a substitution:fcr the material which has been spe "m ci ied. Uz • - / A • •I . f i l Where the term "or equal', or 'or approved equal" is used, it is' understood that if a material, product, or piece of equipment, of the specified name rnd quality is furnished it will be approvable, as the ; particular name was used for the purpose of establishing a'standard of quality acceptable to the Owner. If a product of any other name `r 01001-3 w 1 i. rd~ - i,l t j,, . 1 • r n w 1 FF I is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Wher- ever the term or equal' is used, it is understood to mean or ap- proved equal". 1,09 PROJECT SIGN The Contractor shall not be required to provide and maintain a project identification sign at the location. ! 1.10 TESTS i In addition to the tests called for in the Specifications, the Owner may have tests made of pipe and materials for conformity with the Specifications by an independent testing laboratory. Such independent ) laboratory will be selected and paid by the Owner. 1.11 POKER FOR CONSTRUCTION ' The Contractor shall provide at his own expense electrical power for =i G project construction. i; 1.12 FINAL TESTING AND OPERATION Prior to presentation for final acceptance of the work under this - { contract, the Contractor shall have started and operated all new units for a sufficient duration of time during a thirty-day minimum t period to permit the Engineer to observe overall performance of the s; respective units and equipment. Such operation shall be properly coordinated with the Owner's operating personnel. x 1.13 SANITATION AND CLEANUP During construction, the Contractor shall maintain the premises in an orderly, neat, and presentable condition and keep interference with C 4 lY'^. 4- Y i f r c. t the Owner s. operations to a minimum. Scraps and debris shall not R left scattered around but shall be assembled in one place. liken -.Ea r,'• construction under, this Contract has been otherwise`co6pleted, the Contractor shall remove all.left over construction materials,' ~r ;paEni, ascraeACeebris and rubbish, and leave the'site fn a neat,`' k1 kept a0pei0arke, t, j ya r ` At the completion ,of the work,,all buildings and structures'shall be broom clean. The Contractor shall clean the walls of all structures of dirt, stains, or other materials and pipes shall be left free of any and all foreign material. The Contractor shalt remove all marks, stains, dirt and soil from all finished surfaces and shall thoroughly " clean all floors, clean and polish all finished hardware and other ,I such devices. 14 j_ ' 01001-4 + t S i . . e..n.,..Ih/..nJ \,w'fa4/.4+:~bK~iL1M'+f ,I D: ! 1.14 SEQUENCE OF CONSTRUCTION The Contractor shall locate and verify existing pipe locations and elevations at an early date so that piping can be fabricated to fit. 1 The Plans were prepared using locations and elevations from records; ! " however, neither the Engineer nor Owner can verify the exactness of existing locations and elevations, or existing pipe joints or ! communication cable related to the 30' raw crater line. ` The sequence of construction must be such that the existing system is never out of service, except for short-time shut-downs. When the existing system is shut-down for connections, the Contractor shall expeditiously vork on a continuous basis until the existing system is . i back in service. The Contractor, for Parts B and C, especially, must, keep at least one of the raw water lines in operation at all times, ! except for short-time shutdowns acceptable to the Owner. The Contractor shall plan his operations so that complete shutdown of f both pipelines shall be not more than three (3) hours at times acceptable to the Owner. For Part C, '!later line cleaning', the 27', line shall be cleaned first. Sequence of construction of all other ' work on this project will be at the Contractor's option unless ` otherwise requested by the Owner in writing. No work shall begin that would 1 require a shut down of any part of tha 5 ! raw water facilities prior to October 31, 1989. 1.15 PROTECTING EXISTING STRUCTURES AND UTILITIES Where excavation or demolition endangers adjacent structures and F i utilities, the Contractor shall at his own expense carefully support and protect all such structures and/or utilities so that there will be no failure or settlement. If it is necessary to move . services, poles, guy wires, pipelines or other obstructions, the ; Contractor shall notify and cooperate with the utility owner.- In , ~s,ll case damage to an existing structure or utility, occurs, whether failure or settlement, the Contractor shall restore the structure or t; if utility to its original condition and position without from th ompensatfon; t from the Owner. Contractor shall repair or replace all damaged structures to they'.. A'' r' satisfaction of the Engineer and the Owner. Structures shall be 41, restored to a condition equal to or better than the original A; ' condition and of a similar material and design. The costs of such { repair or replacement shall be borne by the Contractor and shall be Included in the Proposal. °i ! The Engineer has shown all existing piping, valves, conduits, etc. ' as feasibly determined from available records. The Contractor ` ? shall verify the type, size, joint details and location of all ' l existing piping and valves in the construction area. Location of } existing utilities is the Contractor's responsibility, and the ! 01001-5 , lnl ti. -71 ~ owl I Engineer and owner does not guarantee that all existing utilities have been shown on the Plans. 1.16 REFERENCE STANDARDS Reference to the standards of any technical society, organization, or { association, or to codes of local and state authorities, shall paean the latest standard, code, specification, or tentative specification I adopted and published at the date of taking bids, unless specifically I 'o stated otherwise. Lim 1.17 METHODS OF OPERATION The Contractor shall inform the Engineer in advance concerning his plans for carrying on each part of the work, but the Contractor alone r.'., shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. Any method of work suggested by the Owner or Consulting Engineer, but not specified, shall be used at 'he risk and responsibility of the Contractor, and the Consulting Engineer and Owner will assume no responsibility therefor. Review by the Owner or Engineer of any plan or method of work ' proposed by the Contractor shall not relieve the Contractor of any responsibility therefor, and such review shall not be considered as 3 an assumption of any risk or liability by the Owner or Engineer, or any officer, agent, or employee thereof: The Contractor. shall have no claim on account of the failure or inefficiency of any plan or method so reviewed. E The Owner and the Engineer will not be responsible for any act or orission of the Contractor, or any subcontractor, or any of their agents or employees, or any other persons performing any of the work. 3 J. The Amer and Engineer will not be responsible for any failure of the IT` r Contractor or his subcontractors or any other persons to perform.the T` work in accordance with.the requirements of the contract documents 1.18 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, or other unsuitable construction. conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the rock shall i' t> k be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and ' satisfactory manner. > 1 ;t j - f' _.._._...~......r•..u.~...,....,. ._..Y',..:4Ld':,fi.<iAiF1~'~lU~C4'a'1SL,I/'~'LavfMw~~ ,1 w` 1 Irv, t r~wewta f II 1.19 PUMPING AND DENATERING OPERATIONS The Contractor's attention is directed to the fact that some structures contain water that might interfere with.th^ new construction. remove The all water Contractor as shall necessary to to all necperform t ry prkping, as required the w. ~ 1.20 DEFINITIONS Whenever the words, forms or phrases defined herein; or pronouns used in their place occur in these specificatIons, orinfanysha ent or instrwnent herein contemplated, the intent and g in- terpreted as follows: BHP - Brake Horsepower is BIL - Pasic Impulse Level STU - British Thermal Unit EQUIPMENT MANUFACTURER.OR YENDOR - A manufacturing cos+pany'engage 3:in', the r p uc on ofe . RuPie proJor=materials purchased 'for use'.in this r;T ,fit; y T~ tk GPM or Gallons Per Minute [ HP -Horsepower f" 1 j KYA - Kilovolt Amperes s KW - Kilowatt I 4, 1, MGD Million Gallons per Day .ro - • , ' • {i ,r NPSH - Net Positive Suction Head raj •;c. sr F' Ply - Peak In4 rse Yolta 3 I # 1 r 1 N , 11} . PF " Per Fa Citor 41 i }yyy~~,•~` r RPM Revolutions per Minute F , 1. r .K. . ell 1.21 STANDARDS s.• , , ~~F: Reference to te:hnical society, organization or body is `made in Specifications in accordance with the following abbreviations: i t ACI American 'Co'ncrete Institute t` AGIiA! Ae►e,rican Geer Manufacture'r's Association - i AISI American Iron and Steel institute F 01001-7 ~..j~ c nJk ~ 3's - .~-~F , I t r, i , t . ~ f111'1~ sl I'I E f f ~ AISC American Institute of Steel Construction ASA American Standards Association F ASME American Society of Mechanical Engineers i ASTM American Society for Testing Materials AWSC American Welding Society Code I AWWA American Water Works Association CSI Construction Specification Institute FIA Factory Insurance Association FN Factory Manual k FS Federal Specification IEEE Institute of Electrical and Electronic Engineers NBFU National Board of Fire Underwriters t NEMA National Electrical Manufacturers Association NEC National Electric Code I OSHA Federal Occupational Safety S Health Act, 1970 UBC Uniform Building Code UL Underwriters Laboratories, Inc. i t I zl % y 1.22 HANDLING MATERIALS NOT APPROVED The Contractor shall remove from the site any materials found to be { j ,x damaged, and any materials not meeting the specifications:. These ' I materials shall be removed promptly, unless the Engineer will accept,. :i ,1yf j the materials after repairing. Materials found to be danaged, or not acceptable to the Engineer, shall be removed. Inspection before in- i stallation shall not relieve the Contractor from any responsibility to furnish good quality materials. # 1.23 STORAGE OF MATERIALS 1' .fir t K Off-site storage will only be acceptable if written mission is obtained from Amer. All off-site storage, if authorized, shall E ;I{+~r ,7 afford adequate and satisfactory security qnd protec,tion., Off-site storage facilities shall be accessible to Amer and Engineer.' On-site storage areas and methods of storage shall be'approved by the'''. . Owner and Engineer, The Contractor shall be fully responsible for protection and handling the stored materials and equipment. 1.24 PROTECTION OF PIPE INTERIOR. 4 The Contractor shall keep all foreign material such as dirt. debris, ` or other objects out of the pipe during the work a 1.25 PIPE AND FITTING DIMENSIONS (PARTS A AND B) > Before ordering pipe and specials, the Contractor shall accurately measure the in-place horizontal and vertical dimensions to be filled . i in by the new pump, pipe, pipe specials, fittings and valves. Some } dimensions are shown on the Plans, but these shall be verified before 01001-8 . ' i IS ` orderins Raterials. ' r fittin Con , g roposed for valves shall verify that flanges and ves, pump s and piping are coppatfbTe pri or to ordering material. i r i 1.26 ESTIMATED DELIVERY TIME FOR RAW WATER PUMP (PART A) i! YY f i 1 The raw water Pump Us purchased under a separate contract is to be ! installed by the Contractor for Part A.' The estimated"time'of 1 delivery of the pumping unit is about January 1, 1990, 1.27 OPERATION OF vALYES (PARTS 8 AND C) Contractor shall coordinate.the work with the City staff at ail trees. Valves to be operated in Parts B and C consists of main line i. valves on the 27" and 30" lines, and 6" blowoff valves for dewatering, The City of Denton will operate the large Rain Tice valves, and the contractor will operate the biowoff valves as ' required to dewater the lines for installing pfgs and other,fanctions - during line cleaning. ;r , The Contractor for Parts B and Cshall becofamiliar with location of thc; t., . valves :that he is required 'to operate, 1.28 DESCRIPTION OF PROCEDURE FOR LINE CLEMIN6 (PART C) SEEAODEN0UMAO. 1 ry The following description of a possible procedure for cleaning the' F 27" 11ne,is fisted to point out the various valves and operating procedures that would be required to acco~plish the ]!ne' Ciean g', I~ The following description is not intended to give the contractor an:. exact procedure, but.is intended, to point out some of;the`functlonf" that Rust be accomplished fn order to successfuliy'clean the;]lne. f Reference is made to drawing S-1 entitled, "Schematic Sketch'of Pipe` a Valves and Pigging I&es" to follow the description which follows. it will be noted that the valves on the"scheoatfc sketch' are number - ed.i Those the ZowfA ~,foi q, < s Procedural description for cleaning the 27 (line I. Close valve number,6,.2,-13 and 14 for dewatering 27' line.: ~r r` 2. Open the new blowoff which has been installed.as apart of the contract near'the new pig insertion wye at Point A'on the'2t' E d, line. Soiee drainage and some u+e in at the bloiroff in order to drain the waterileveel~dyowr~in the 27' line to not more than a one-half full pipe. 3. The 30" lfne will remafn in service while the 27" line is being" ?'f cleaned. f Y 01001-9 1 < Ole F,, i „K. 1. . t. 4. After the water has been drained down in the 27' pipe, the 3ig : will be inserted in through the new wye at Point A. The fiange on the pigging wye can now be bolted back on and Valve No. 2 can now be opened so that flow can be resumed through the 27' line ;bf while pushing the pig towards the water plant. Probably two pumps running selected from Pumps 1, 2 or 4 will be required - because the 30' line remains in service. The velocity of pig can be controlled by throttling valve No. 2, and with monitoring position of pig. kri 5 pressure at t Thehe pupping plant shall be monitored to ensure that the ISO pound pressure class of the pipe is not exceeded. Air valves should have the gate valve closed below air valve so the cleaning material will not enter air valve. 6. Probably two people should start moving along the 27' pipeline route and one of the persons would be wearing a receiver so that the position of the pig will be known at all times:' The other j person should already know the location of blowoff valves and should open blowoff valves ahead of the pig and close those.' blowoff valves after the pi has passed that point. Also, Valve C at the retrieval wye should be open during this operation so that water will be forced out to drain at this point. 'The' closing of Valve Nos. 13 and 14 will ensure that the cleaning ? j water will not transfer to the 30' line and therefore will not ' s ` reach the water treatment plant. - r 7. Before the pigeis to Point C, the pumps should be shut down, g Valves 9 and 10 should be closed so no cleaning water will enter ;j J the water plant and Valves 6, 7 and 8 should be'opened. Also, Valve D'should be opened to allow backflow in the 30' pipe and ? + 'forward flow in the 27' pipe. r ' 8. Flow in the 27' line can now be resumed and the pig saved to just short of Valve No. 6, but do not allow the pig to pass Valve No. b.. During this travel of the ig from Valve C to just' y ~~♦Xa p short of Valve 6, the cleaning water will travel through'yalve ' 69 7 and 8 and discharge at Valve D. K 9. At this point, the flow needs to be reversed so that the pig in the 27' line will be pushed back to Valve C. Since the water plant has been shut down while the pig is traveling from Valve s. 4 C to Valve 6. it may be necessary to interrupt the pigging r operation and bring more flow back to the water plant. This can be determined by conferring with the plant operator. 10. In order to move the pig back to Valve C. it will be necessary for Valves 9 and 10 and D to be closed so that the flaw from the 30' line can traverse through Valve 6, 1 and 8 into the 27' line so that the pig will start moving south towards the exit point „ 01001-10 1 t . :,.1:4 :.£~it,~'insxc•:r,Lr4dfilff { at Valve C. Valve C will be open so water can be discharged at. E this point. The pig should be pushed to a point gust south of the Valve C location, and then forward flow in the 27' pipe will eject the pig. r --5 11. The entire length of the 27' line has now been cleaned by one pigging operation and the pig should be retrieved at Valve C. This should be accomplished by closing Valve 6 and resuming the flow from the pump station in the 21' line so that the pig will be pushed out through the valve at point C. Valve C can now be z' closed, open Valve 6, 9 and 10 and resume flow to the water plant. ` 12. The City of Denton will open and close the large valves using{ f their power operator. The contractor, with his own personnel,' shall open and close blowoff valves as re9uired. The hater. oT Department personnel will be the sole Judge as to when and how long the flow from the pumping plant to the water treatment plant can be interrupted. Maximum water plant shutdown will be three hours. Procedure for cleaning the 30' line shall be similar, with the`. "J, P rr; " pig travelling to just short of valve 7 then reversing direction ' a? } back to valve D for retrieval 1.29 EXPERIENCE REQUIREMENTS (PART C) R, Personnel involved in pigging or line cleaning shall be supervised by, a person having at least five years experience in cleaning pipelines I l 1 t with 'poly pigs'. - a ENO OF SECTION Y ~ ~i N rJi}it rv ?v rj ~ 1 '~F y r TAl I Al t ryr, t } t t. 11 h 4 j 3 i y r 3 , c't rR 'F' 01001-11 4. J 3f I r ,rr". f♦ ~-........_...,.«.............rq..,..+«.............i...s..r.•a+inr~M.u<arYi.Mi'M/1WH:~'4iS~.W,11J~1 ' WOO, d. - 1 .4 " 01002 AENERAI EQUIPMENT STIPULATIONS 1.01 SCOPE } These General Equipment Stipulations apply, in general, to all "l equipment. They supplement the detailed equipment specifications but j in case of conflict the detailed equipment specifications, shale ~ f r govern. 1.02 COORDINATION The Contractor shall assume full responsibility for coordination of the entire project, incluling verification that all structures, 1 piping, and equipment components to be furnished and/or installed by t him are compatible. For pumping unit 3A, to be furnished by owner and installed under this contract, the Contractor shall be ; responsible for proper installation, startup and all necessary adjustments so that the equipment is placed in proper operational condition. The Contractor shall also be responsible for coordinating as required for complete installation and operation of equirnent. 1.03 EQUIPMENT GUARANTEE ~K For equipment furnished by Owner and installed under this contract, f the Contractor shall guarantee against failure due to Improper assembly or erection and against improper installation of the equipment. The guarantee period shall be as defined in the General - Conditions, Article 13. j 1.04 LUBRICATION :t Lubricants of the type recommended by the equipment manufacturer, y1~, k yt` .s T. we 4i ~r ~S- cross referenced with major oil company lubricants, shall be provided in sufficient quantity to fill all lubricant reservoirs and to ; replace all consumption during testing, startup, and operation prior k' : to acceptance of equipment by the Owner. 1.05 PROTECTION t All equipment shall be boxed, crated, or otherwise coopletely enclosed and protected during shipment, handling, and storage. All equipment shall be protected from exposure to the elements and shall be kept thoroughly dry at all times. Pumps, motors, electrical equipment, and other equipment having antifriction or sleeve bearings shall be stored in weathertight warehouses which are maintained at a temperature at least 60° F. ff .j , , + y )a i' ♦rt f~'~ i 1 r ,1, r 010021 ~1 i3Jar , 1 . i r. u ' ~ it rit ~ ~ <y , ~ '.1 ,r, .1 'S, y~ x1.at.Yts~w.~r++..r-.~M.-.............~..~..».....«,......~r.......-.,».,.............-...~......,....u.+,.wawHU...r+.wr+.,.wi.,..«....._...-.,,.... _ _ t ± ' J' t +4'rs ' Painted surfaces shall be protecte~l~9~1nd surf,acSsrhtchsare discoloration, and other daa~age.' < damaged prior to acceptance of equlp+aent shall be repainted to.the l satisfaction of the frtgi Weer. Electrical,equlprnent, controls. and appurtenances shall be protected against raisture or'►rater damage. All space heaters provided in the equiq+ent shall be kept connected and operating at all ties until equlpa>ent is placed in service. L; ENO OF Sf.CTI(A x ' f i. I I ~j fir, a Ir R ~r I'+ 1,~ 4 r f `;'..ji :rr } ~ r~<] f **"r ~ S I lit ,1 Y. I ' Srl1 ll I (.1 Y t "S i ' ti 4. 1 1~ r r >,.1 i~~ 1 e~1 fry.' t , , n 44j ny rt1 a / ~ ~ ~ t rk Yf . ,I fq I 1 _ »A P, 01002-2 r, It JF.. " r''" f}'F t 'I ~t ,i ♦ ~ Y. izyy~yy , 1'1,.Q _ ~Ll Vif' , y r z 4 p . I l~ it r.♦'!!e...!',^"^"..~r..w--+^~^^'^`~"~..:.........~.e --rr w.<.aew:.w < J 1 7,4 kill ~ ! ff ~ i y • }'"~f;. r 4i ~ 1 J a / - c ..I l , 1 1 : 'K rT , -L 01150 BASIS OF BASIS OF PAYMEN 1.00 GENERA! The bid prices as set forth in the Proposal shall include the E~ ` furnishing of all labor, tools, material machine ry, appliances, plant and equipment appurtenant to and necessary for the construction I and completion in a first class, workmanlike manner of all work as herein specified in strict accordance with these specifications and 1 accompanying Plans; except, the vertical turbine pump with motor is ; to be furnished by the Owner and installed under Contract for Part A. • The bid prices shall also include all other incidentals not specifically mentioned that may be required to fully construct each 1 and every item complete in place of each part, in accordance with the ! true intent and meaning of the specifications and accompanying Plans. ! ' The cost of minor items that may not be included It the pplans and I specifications but required for satisfactory operation shall be I included as subsidiary parts of the proposal items. t Basis of payment for line cleaning is described under Paragraph 4.019 Page 02651-9. A n } ~I 2.00 COST BREAKDOWN, ITEM la { 1 Within thirty (30} days after the execution of the Contract, and not r less than ten 10 days prior to the first monthly estimate, the Contractor shall submit to the En sneer, a cost breakdo+r~ of the .work under the lump sum item la. The breakdown is for use by the.Engineefi i in preparing the monthly estimate forms and for the Owner's use.in cost accounting for the protect. The breakdown shall be in detail,` g itemizin all. items of equipment and construction and shall } fi 4+ ~Y accurately reflect the cost of all work as includedin the'bid item ty prices: Cost breakdown shall be such that an overall cost of the' ,i various elements can be determined. 1 END OF SECTION 1 I ,5 ' r7f i +%1. lAl yr Yr . ~Cty; i a + 01150'1 p 11 < t , w r i le V~,~C r! C~' ti' f `I 7 1 f } r19 1. 14. 1 ` - ............._..•.....rrw.~r...~.•,...~.o.r..r~w.~.w.. r..rr~.r.r..r~_.~ ! ` 02224 TRENCH SAFETY SYSTEM PART B i 1.00 DESCRIPTION j This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. These specifications are for the purpose of providing minimum performance specifications and the Contractor shell develop, design and implement the trench safety system The Contractor shall bear the sole responsibility for the adequacyof the trench safety system and providing 'a safe place to work for the workman. r i 2.00 GENERAL The trench safety system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation e;R Manual of the Occupational Safety and Health, Administration, U. Si Department of Labor, shall be the minimum governing requirement of L. this item and is hereby made a part of this specification:', The Contractor shall, in addition, comply with all other applicable ! desl shall and ordinances. federal, state and local rules, regul,al be perfordi by s. uThe the i ' superrvvisi of on the trench safety system of a professional engineer licensed to practice in the + a State of Texas. 4t • 3.00 METHODS 1 E There are three generally acceptable minimum methods of trench' safety f ! ' systems. The Contractor will have the option to use either of these .1 methods he deems appropriate. The following descriptions are for, Information purposes only and the Contractor shall prepare or-cause to be prepared the detail designs,. Drawings showing the design t' six by the designing e ngineer) shall be furni d the record Neither the designs noe the `drai+iegs the i0wnernforethed to . -3 prepared by the Contractor will be reviewed nor approved by,the Ownet. . ILI ;et or the Owner's-Engineer,. Yr • _ S s., -1 `ter 4 ' + ANGLE OF REPOSE METHOD (Figure A) j~~t+Q' r 31 The wall or face of the excavation sMll be.,sl,oped.to preclude collapse. The angle of repose method of trench safety system will,not be permitted in.the following situations: r.: 1. Within the right-of-way of an existing paved street; or adfacent to/or crossing existing structures, utilities, trees. i Y 02224-1 4 s a jaw r' lit V . " - t:y. 1. I 1 existing or proposed structures + 2. Where bearing soils for would be affected; or when any portion of the excavation exceeds the liens of the permanent utility easement. This method can significantly increase the vertical loads on piping. If this method is used, the Contractoro at his expense, shall have a registered, professional Engineered t determine and certify the changes n pipin9► materal or/bedding necessary to accomiodake the necessary changes 1 I~ imposed. The contractor sha at his expense. B. TRENCH SHIELD METHOD - (Figure B) Where trench boxes or shields are used, they shall be designed and certified byy a Registered Professional Engineer and certi fication furnished to the Owner. They shall be constructed and ! 4, to or Maintcined in a manner which will provide proteifitheetoplof the greater than OSHA requirements. In all cases, rade, that portion above the trench fox is below the existing g trench box shall be sloped back as needed for stability using ii the OSHA requirements for the angle of repose method of trench i safety as a minimum, C. TRENCH SHORING, SHEETING, AND BRACING METHOD - (Figure C) 4.1 ! where trench shoring, sheeting and bracing nethod is used, it shall be designed and certified by a Registered Professional Engineer and certification fort furnished to the Owner. 4y ! 4.00 PAYPOT ! J Payment `for all trench shield"'orot►enchcshoring b'sheetfiui liand0:to. ! y ; angle of repose, trench ce bid for Trench. Safetli .n~ bracin ,shall, be made at the l s~ pri `for the safety P ' `tk 1 System (Item 7b) and 'shall be full cope s stem design, the assumption of the responsibility of said system, t r. and furnishing all labor, tools, material, equipment, and inciderltais` A4,; necessary to complete the work, including removal of the syster. } a, ude all compensation for sloping back of t , Paytent'shall also incl +F excavation side slopes flatter than those shown on the drawings and the backfill back to the plan excavation line in order to implement the trench safety system. r END OF SECTION rs w'; 02224.2 } • a _ .a ...i L.n~.r.M ILLCYr41~L3 iJ'LOIV.OI♦,~CV Yw ~ • ,ter... r......n ~-a:n., iJ. 1r1r.:+J. r I I.. THE ANGLE OF REPOSE SHALL BE IN ACCORDANCE WITH OSHA EXCAVATIONS. TRENCHING AND SHORING r REOUIREMENTS. ANY DEVIATION RESULYNFK3 IN 'A STEEPER SLOPE MUST BE DESIGNED AND SUBMITTED BY A REGISTERED PROFESSIONAL ENGINEER EMPLOYED: BY THE CONTRACTOR. FOR THE RECORD. ' W XA" l , {11 .1 i' NOTE: THE PRESEkGE, OF'GROUNO WATER REOWRES sr SPECIAL. tREAYMEHT. 1 , . t NOTE DIFFERENT SOIL CLASSIFICATIONS AT, VARlOU$ s .f t y ! 4 #r z j' DtPTHS_ MAY CHANGE THE 04E OF REPOSE ja 'mot },+I iit s~fi ' 44 ♦C 1 rat Ia`i r,,. ltrr 4 ,1~ , 5 e t a': ct vt t'JIJ~. ti. Ok1" 01 y7 i ANGLE OF REPOSE METHOD FIGURE "A" 4 sir r ! h.'J ♦ .~r~~,~,_.__._.,.._.._.__..~._~•~.«~...-......Aso...rs.ww,rrr.+...nr+:.,wwrrr.w.+......... r +i d- tl , fy'>2 a 1`' ' 1 , J . 14 . 1 ~ .al I ~ i i. STACKING PIN STACKING PIN a I SOCKET . ~ r. ~ SPREADERS AS REQUIRED i ' it r ~ ~ : . ♦ ~ • i LIFTING t ,f f ' 1 • EYE , ` s SPREADER PINS i 7 o f ' Y, hJ' 7 1 o~ 1' r.. . 1 t i j NOTE: FOR DEPTHS GREATER THAN Y~ { 5 FEET ALL MEAbBERS SHALL BE SIZED AND SPACED IN ACCORDANCE 7.i WITH OSHA EXCAVATIONS, TRENCHING j AND SHORING REQUIREMENTS. THE j ! MANUFACTURER SHALL, CERTIFY THAT THE TRENCH' BOX, DESIGN . CONFORMS TO OSHA REQUIREMENTS FOR THE . c ppPLICATWW AND T T THE .SlZ B BEEN f 7 Y . ,~7~;I ANO SPACIN4'OF µE1A8ERS ,HAS ; { S fi' ! t r 1 < t^ y TEREO PRO- s l c i: Q BY, A REGIS a DESIGNS, ` £R. t y FESSIONAL', ENGINE 1 14' ` ~~5~ tr P ur tti7 ``I I ~Y ik x T I 3 , r ' r TRENCH SHIELD } J t 'T M FIGURE 013 r ~ J t I y f(r r j l~ a t 5' rr I~7 1 r t ) _ .~'I4W H41 'A liar I~f, r i. ` ~ _ _.v.......~~. ..r.~ +c ;ti+tlsNr.ktiuGl~l➢.~i1f~K°,~~d~~Ii Ir JG~' of . 1 ' `s Ji n<. 1 I, 4 ' jl` ~ t ~ ' If "EATS } -I Y STRINGERS i j SHEET PJLWO~ KORMTS1 i i .i l l~k~ 00 1 i % !RACES . "t1 y 1 ~ 1 4 . NOTE: FOR DEPTHS GREATER THAN 5 FEET. ALL MEMBERS SHALL BE SIZED AND SPACED IN ACCORDANCE WITH OSHA J 14, EXCAVATIONS, TRENCHING AND SHORING REQUIREMENTS. r THE SIZING AND SPACING OF MEMBERS MUST BE DESIGNED AND SUBMITTED BY A REGISTERED PROFESSIONAL ENGWEER. TRENCH SHORING, SHEETING AND RACING METHOD, r~l f, FIGURE "C" j L+C r ~ f• r • T1Ctr ~I. I: - f Gr+'' pls.} , r ir 1'~ l b FF ' Iti C 02651 WATER MAIN CLEANING (PARTS B AND C) 1.01 GENERAL It is the intent to clean the interiors of the two existing raw water supply lines between the Raw Water Pump Station and the Denton Water.; Treatment Plant in order to reduce the pipe friction and increase the carrying capacity of the two concrete pressure pipelines, comprising about 44,550 feet of 27' diameter pipe installed about the year 1956 ' and about 44,950 feet of 30' diameter pipe installed about 1975. The. two pipe lines are generally parallel and for most of the distance. they Ire 'relatively close, as shown on the Plans. The two pipelines have been used to'carry untreated lake water and the friction losses are thought to have increased gradually through the years of use due to build-up of coatings on the interior walls of the pipes and possibly some osedimen potassium and porrgaanic growth. Some build-up may be due to injection 1.02 COORDINATION This specification includes the installation of pernment-facilities. for launching and retrieval of the cleaning swabs (pigs) to bp used ; initially and periodically in the future. One pipeline must be kept j operative at all times during the installation of the launching and i retrieval facilities and during the initial cleaning operations., except for very short intervals approved by the Owner. Maxima shutdown time for treatment plant is three hours. The construction of the needed facilities (Part B) and the cleaning operations are to p b},performed at re -determined times during the winter months Part 1 J _ - 2.00 PRODUCTS, T 2.t,1 PIGGING WYES (PART B) j The wyes,for.launching and retrieval of the pigs, or swabs, shill be f 1'0 4 shop fabricated by an approved fire normally producing pipe in. Ls accordance with Ameritan Water Works Association (AM) 3tarArd ~ C303, Reinforced Concrete Water Pipe - Steel Cylfirode r,type;, i w.: Pretensioned. The specials and closure pieces shall be designed and t 9 pressure end ;to flt, into iii fabricated for not less than 150'psi workin the existing pipe lines where one-piece sections are to be.,ramov Shop drawings shall be submitted in accordance with Article.6,(b,.21) y of the General Conditions. Y~ Flanges shall be in accordance with requirements of AM, Class E,. drilled same as Class 125 cast iron flanges. Flange gaskets shall be full fac_ cloth inserted rubber 1/16 inch thick. Flange bolts shall be corrosion resistant stainless steel with hex heads and nuts, installed with threads treated to resist 'freezing' or sticking, 02651-1 ' i~.UfaM,piCQk~lt~!lRJ:fi.~t.'i~Cti~'~L+~'.~iI'+I~:av.~:iJ+..i ~+»4':.'afV!dr~r;►t~'Vi1i~ihi.lPAa`4~i~t'iKxl~~+'~~ J' I. 1 n r Rubber gaskets for pipe joints shali be best quality red rubber entirely suited for pipe to handle untreated water or sewage. i J! 2.02 GATE VALVES (PART 8) SEE ADDENDUM NO. Gate valves 12" and smaller shall meet requirements of AWWA Standard C509 for Resilient Wedge Gate Valves. Gate valves for pigging wyes about Station 423+40 shall be iron body, b psi ronze mounted, double disc parallel seat, designed to withstand 100 pressure. be enclosed Valves gears are and operations spur Installed rwith stems vertical. Valves shall close with operating nut turned clock- wise. Valves shall also be equipped with bypasses, and the operating nut shall be extended to 12" below ground surface with C.I, valve box. For each gate valve installed the Contractor install extension stems to within 6" of finish sgrade fandi8" PVC pipe, valve box with cap. The 8" PVC pipe shall be AWWA C-900 cut to proper length with the plain end approximately 2" above the finished ` grade. The top piece which will fit down into the 8" PVC pipe shall be cast iron top section of valve box similar and equal to Tyler Foundr1j. Catalog No. 6860. The cast iron lid shall be labeled WATER and shall be equal to Tyler Foundry No. 6860- 6865. 1 2.03 SWABS ANO/OR PIGS (PART C) The Contractor shall furnish and use poly-pigs as furnished by Knapp, r' - I Inc. of Houston, Texas, or approved equal. The pigs, often referred to as "poly-pigs" shall be constructed of dense, resilient polyurethane foam material properly shaped and coated with special F plastic material to produce great strength and wearability and f s cleaning power. The pigs shall be bullet-shaped and designed to s contract end expand and pass through the pipe that has bends and i contractions. It is to be noted that the 27-inch diameter pipe has 1 24" diameter gate valves. The pigs shall not be equipped with wire brush scrapers or other abrasive material that would damage the concrete lining of the pipe. The Contractor is fully responsible for the cleaning operations, therefore, he shall select the type pigs and method of performing the cleaning operations with facilities existing and to be constructed ahead of the pigging. However, the Contractor shall cooperate with the Owner, and furnish details of the pigs, for Owner's approval, ahead of procurement and delivery to the Job site. The Contractor shall furnish new transmitter and receiver of approved and suitable type so that the location of the swabbing pig can be located and followed by personnel at all times to detect and monitor i the movement and location of the pia. This pig tracking aquipeent shall be furnished to the Owner upon completion of the protect. - i ti g, 0265(-2 tam Mum ' " I / FF 4 t SEE ADDENDUM NO, Z 3 The manufacturer of the "pigs' shall be an experienced company who has been manufacturing pigs of this type and size for at least five years, 2.04 AIR VALVES AND APPURTENANCES (FOR PART B) In order to drain the two pipelines for installation of the wyes about Station 423+40, the Contractor shall furnish and install two 3" 4 air and vacuum valves south of the gate valves at Station 449+62. ' The air valve installations shall be complete including tapping the I pipes, installing isolating valves, nipples, air and vacuum valves, valve vaults, etc, complete. The tap and tapping of the pipe shall be provided by Gifford-Hill- American or other epproved firm at the Contractor's expense. Excavation and exposure of the pipe ahead of tapping shall be the Contractor's responsibility. Valves for isolation of air valves shall be 3-inch size resilient wedge gate valves, with hand wheel operator ANSI 125/ flanges, j Air and vacuum valves shall be similar and equal ,,,o stainless steel trimmed and stainless steel float, APCO Model 146, (3" size), flanged j ends, for operating pressures not to exceed 100 psi. Except for use during grog operations the air valves may be isolated at Owner's Pi9 , option. Steel pipe for miscellaneous air valve installation shall to conformed to Sections 15061 and 15065. # Pipe for air valve vault shall be Class III, ASTM C-76 reinforced concrete pipe, Lid for %iult and other plate steel shall meet ASTM A-36 requirements. Plates shall be coated with Koppers Bitumas;;ic 300-M. { I f 3.00 EXECUTION lo, 3.01 GENERAL One of the two raw water supply lines must remain in use during the , pigging operations, except for short periods that may be necessary to revu-se the movement of pigs. The Owner, In cooperation with Contractor at his liability, will operate the raw water pumps an d•, control valves to provide water under pressure to fill the pipes and push the 'pigs through the pipe line being cleaned. The Contractor, j shall cooperate fully with the City's personnel during the pi 991n9 I operations so that the movement of the pigs and pump operations can+, be monitored at 'all times. The City Water Department may provide not.,; Z more than'two transportation vehicles with water,department:radios ' for the monitoring operations by their own personnel; however, the G City will not be responsible, or liable, for any difficulties the 02651-3 ! I P i / F ~ . Contractor may have. The Contractor shall furnish two-way radios for use byy11 the City's pump operator and at least two more radios handleltheiQigscshallrbekprovided by the Cothe ntractorng. Equipment to 3.02 DEWATERING (PARTS B AND C) SEE ADDENDUM NO. Oewatering as necessary for installation of the pigging wyes can be accomplished to some extent by use of existing blowoffs and air shall be taken to avoid vacuum in 1 n ew valves. During the dew ateri9 care the pipe being de++atereO.. Efforts shall be made to avoid excess g, or drainage; from the pipe in order to install the pigging weyestyi.nThe Contractor shall install all the pigging wyes complete before starting the pigging operation, ketping one pipe line active at all times. In order to dewater the two lines near the pump station for installing the wyes, and then inserting the pigs, the plans require the in~tala304 n of a 6' lines as shown on by the schematic sketch cofrthin each e valvesf the and pigging wyes. The blowoff shall consist of a 6 tap in the side " of the pipe with a b flan9lheovalvewhich sha 6' all begnux 930 160# t operated Athrugae valve shall be installed. cast iron valve box to extend to the ground surface. Contractor shall use these blow-off valves to dewatert heClinesIn order to install the pigs. After ' shall cap the valve opening to prevent entrance of mud and dirt into y the valve. The new blow-offs will be paid for by Proposal After the pigging wyes, air valves and other work are completed for ~S one pipeline, the Part 8 Contractor shall refill that pipeline and its rpigging coompleted, j y operation and thetfacilitiest orother The Part B Contractor shall be responsible for dewatering as necessary for installation of the pigging wwhich harequires removal of existing pipe sections. The new pip specials "in-the-dry" and then back N lied with compacted earthen materials* The Part 9'Contractor pshall be responsible for dewatering the line for Insertion of the 3.03 INSTALLATION OF WYES AND APPURTENANCES (PART 8) The Contractor shall remove existing pipe sections as necessary for As noted on the drawings installation 'of the new wyes and cut-fns. the 27 pipe was fabric& ted and pipe being 32 feet long, , feet. The Contractor shall verify all lengths to be removed and 02651-4 , Ole- F F } replaced. Removals shall be done in a manner to prevent damage to ends that are to remain in place. i ~ Piping for wye installation shall be installed with embedment below springline (center of pipe) using free flowing granular material. The y material shall pass 1" sieve and at least 40 percent shall be retained on No. 100 sieve. Thd material passingy No. 40 sieve shall have plasticity index not greater than three (3). Gate valves shall'be supported on 1500 psi concrete pads with bearing areas at least equal to 2,5 square feet per foot of normal valve J 1 oiaw,;er. Welding at pipe closures, and the closure work, shall be performed under the supervision of the pipe fabricator. The Contractor shall perform all work relative to pigging facilities in good and workmanlike manner as approved and acceptable to the Owner and the Engineer. The work shall be performed by, or under the supervision of persons experienced in the GYPa of work to be ► rforaed, The i su lier shall examine the Interiors of removed Pe p 9 DP sections of pipe and recommend to the Owner, types of pi?s, and/or swabs and methods for pipeline cleaning and obtain Owner s approval. j A concrete pad will be required to resist erosion and control water • flowing out of the pipelines at the wye installations. Item 6b of the Proposal is to be used for mea3urement and payment of this item as requested by the Owner for 6" thick, 2000 psi concrete, reinforced with No. 6, 6" x 6" wire mesh and finished with screeds and wood float to contours required for drainage. Some site grading '4111 be j required to drain the water away form discharge points. 3.04 REPLACEMENT OF EXISTING COMMUNICATION CABLE (PART B) A. GENERAL a' The 30' raw water line (construction 1975) included a six (6) pair 19 gage control cable in the bottom of pipe trench. In the event that the control cable is damaged while removing existing pipe to Install pigging wyes; then the damaged cable shall be replaced with new cable and two Type II pedestals as described herein and as shown on the Plans. Underground splicing will not be allowed. In order to replace the control cable at the two 30" pipe wye Installations the Contractor shall carefully expose the existing t cable between points beyond the ends of pipe replaceeenl, then s cut the cable about center of exposed part and replace so as to offset between points where splicing pedestals are to be installed as shown on the original Plans. t lY: 1 i 02651-5 - r :1SEOr.Ms:'t.vkK4edL:.kvuri;-r :.•,i ,a-+N.'r. a.-a.. w~vw•'EW'•x~ ,vr..G / - Odd] I ~ I . , ;rrr~s.r • I ~ . F j B. CABLE PEDESTAL J The following items are to be used as required to install supervisory control cable: 1 Material Manufactisrer Cat. No. I Connector, ground, split Blackburn 9TC j bolt, plated copper alloy Reliable 9FGB with plated spacer Eurndy KSL-15 Pedestal, Wire Terminal, Cook COBDZA BD2A with grounding lug, of Indiana Steel galvanized steel Utility Products UPC-BO2 CAC C. CABLE Cable shall consist of six pairs of 19 gauge soft copper conductors with polyethylene insulation. The cable shall be fully color-coded. The insulated conductors shall be twisted into pairs, stranded into a cable core and enclosed in a non-hygroscopic core tape, 0.008 inch corrugated aluminum shield, and high molecular-weight polyethylene outer jacket. The sequential number system shall have good legibility. An s occasional 111egiblc marking will be permitted only if there is a legible marking located on either side of it. The sequential number shall be readily visible on both ends of the cable when : the cable is on the shipping reel. Mutual capstitan,4e of any 1 pair shall not exceed .083±.01 per mile. Cable shall meet REA specification PE-39. Cable shall be j total, filled with a waterproofing compound of petrolatum and polyethylene. Cable shall be Anaconda Type Alpeth-TF, or approved equal. Each reel shall be given factory tests for r opens, shorts and ground in accordance with the latest issue of REA-PE-39. Test data shall indicate sequential markings and net length of each reel, Reels shall not be shortened after tests E except for trimming of exposed ends. D. CABLE INSTALLATION r. , The cable shall be carefully unreeled and placed in the designated part of the trench. Location of the cable shall be as shown on the Plans. Cable shall be laid straight without r splices except'in the case of accidental damage, but without tension applied at any time. Slight snaking of the cable will be penaitted. Backfill on the cable shall be pulverized i material free from stones, rock or other hard of sharp eaterials which might damage the cable. , t • f 02651-6 ,I y ' ......r 'n..... ..:.u .-.„.n `,..P.~,..,..a : .nom IYrq•q( ~ y~ r ` '..v\.✓::~lir i+..t.4k Ki~~fl~i.'~~~yp,~~sr~`l~~~~ ~~pp,,~~yy;;y;~~;;jLl~LLy1 S.flO~ ~ nos-II n!1.R4~.NM'gf7.wli~P'" . r I ir. 1 .1 l I c~ The cable sfcall be handled with care at all times. The cable ' reel shall be shaft mounted or supported in such a manner as to keep the cable and reel from coming in contact with the ground f or other foreign objects which eight cause damage to the cable. At no tine shall the wire be dragged along the ground or across objects. The minimum bending radius of the cable shall be twelve inches in all cases of direction change, including pedestal entrances. Care shall be taken to see that twists or bends of small radii do not occur. Any instance of damaged wire, observed at any time prior to installation, during installation, or discovered by test or observation subsequent to installation, shall be immediately called to the attention of the Engineer, The method of repair or correction of such damage shall be in accordance with the written instructions of the Engineer. The Contractor shall promptly repair such damage or make such corrections in accordance with such written instruction of the Engineer. !Minor damage to the outer jacket of the cable which penetrates to a depth not to exceed .02 inch, observed prior to or occurring during construction may be repaired if approved by the Engineer, by covering the damaged section of the ,jacket with two layers of a suitable 10 oil vinyl tape, each layer half lapped extending six inches beyond the end of the damaged section, and Glyptal coated. Damage to cable of greater severity than that set forth above, observed prior to or during construction, shall be corrected by ! cutting out the damaged section of cable and splicing in a pedestal above ground, located to the satisfaction of the i ngineer. r. Damage to the cable subsequent to burial, discovered either thivugh test or observation shall be repaired by a method rt approved by the Engineer. This may involve the replacement of a short section of cable with splices made in additional terminal } housings, or the replacement of a short section of cable with splices made in additional terminal housings, or the replacement `J of an entire section between terminal housings already installed. No buried splices shall be used for repairing damaged cable. All splices of the cable shall be made in pedestals. Where installation procedures require the Contractor to splice the cable, pedestals shall be installed as required at the Contractor's exlense. The location of such pedestals shall be directed bY t he Engineer. t 1 r. ' 02651'1 i~ :n s E ` f f Where cable is cut and pedestal is not inseediately installed, the cable end shall be sealed by means of rubber boots, or plastic tape. E. PEDESTAL MIRING All pedestals shall be installed securely to the support post with heavy galvanized hardware in accordance with the details (MOM) shown on the Plans. A distance of 6 inches from finished ground 3 to pedestal cover shall be maintained. Pedestals shall be installed in a vertical position and facing in the same 11 direction parallel to the cable direction. Pedestal warning signs and numbers shall be installed when the pedestals are erected. Pedestal covers shall be kept securely bolted in the closed position at all times except when work is being performed r within the pedestal enclosures. i Ali splicing of cable pairs shall be in accordance with the f pedestal wiring details shown on the Plans. F, FINAL INSPECTIONS ' j The Contractor and the Engineer shall jointly inspect the. cable { terminals. This inspection shall be made to insure that: a. All pairs are terminated properly. b, Splices are free from reserved, transposed and split pairs. 4 c, Shields of all cables are properly bonded and grounded* r , d. Pedestal warning signs and numbers are installed and directional markings are on each able end in the pedestal, and each cable pair identified# e. Good workmanship in the terminal or enclosure installation has been performed, f. Continuity tests to see that all pairs are free from i grounds, crosses, shorts and opens, 3,05 CLEANUP' The Contractor shall clean up the areas disturbed by the performance of the work, The Part 8 Contractor shall install live Bermuda grass s sod or sprigs over areas where disturbed by wye installations. After the pigggin4 operations, the Part B Contractor ohall fill over the tops of 0j pigging wyes and smooth out any erasion areas caused by the work, L r, 02651.8 , y 1 ~ 1 I I ~I! 1 ~'MLI• Y 1 All steel not otherwise coated for protection, including bolts and nuts shall be coated by the Part 8 Contractor with heavy coat of } Tapecoat mastic, brush-applied coating. f 1 Access of the pigging insert and retrieval sites shall be provided ; where necessary with a wire gate. 4.00 MEASUREMENT AND PAYMENT 4.01 GENERAL The pigging facilities and the pigging operations shall have no relation to the raw water pump station items described and specified elsewhere. Each bid item for the pigging facilities and the pipeline cleaning shall be complete in all details. The pippeline cleaning shall include the costs for the Contractor to sup? y the services of experienced personnel to be furnished by the "pig supplier. The bid proposal contains items (Part 8) for furnishing and installing the facilities preparatory to the pigging operations, which items are to be complete payment for the work complete in all details. The bid items (Part C) for pipeline cleaning for the various results to be obtained shall be the basis for payment. The pipelines are to be cleaned so that the interiors will have Williams and Hazen Coefficient C not less than 120 for each pipe. The bid proposal contains additional payment for cleaning in excess of the minimum. The Contractor will be allowed payment based on the results derived ' by testing within 30 days after both lines have been placed in operation. For cleaning results above the minimum, the Contractor 4 coefficients, allowance provided in theeproposaleraga pipeline t ~r 1 (For example: If test results show C 124 as the average for the two pipes, the Contractor would be allowed 4 tines $1,000 in addition to r t the amount proposed in Item 1C. In event the results indicate C • 128, the Contractor would be allowed 8 times $1,000 plus the amount t proposed in Item lc). 4.02 TESTING CLEANING FACILITIES (PART 6) The pigging wyes shall be tested for leakage under operating pres. surer after installation and any leaks observed shall be properly repaired. Work required for the buried control cable shall be tested for any faults, or shorts, and any faults shall be corrected immediately so as to keep interference with operations to a minimum. 02651-9 4 l C*1; Air valve installations and pressure gage connections shall be tested under operating conditions and any faults shall be corrected iomediateIy. , 4.03 METHODS FOR ARRIVING AT CLEANING RESULTS (PARTS B AND C) A. GENERAL (PART 8) The Contractor shall furnish and install air valve facilities on each supply line about Station 449+48 (30" pipeline station) w above ith calibrated pressure gages and pressure gage connection +49.6 where bushingoandf3/4" steelapluc exists. OThese items are to "be ion f ~ installed ahead of any other pipeline shutdowns so that the Owner and Contractor can observe and check the Engineer's evaluation of friction coefficients before and after the pipeline cleaning operations. 1 The calibrated pressure gages installed by the Part B Contractor shall be accompanied by a certified copy showing that the gage has been calibrated, and is accurate. } I B. SURVEYING REQUIRED (PART 8) The Part 8 Contractor shall also furnish experienced survey f personnel to run levels and determine the elevation of the three PRESSURE gages. The datum used for elevation of the gages shall - be the save as used by the City of Denton which is US&S datum. C. "C" FACTOR DETERMINATION Before the first pipe cleaning operation a head loss determi- nation and C factor shall oe calculated using a flow rate of j ` about 12 mgd for the 27 line and about 20 "d for the 3O` line. As shown on the Plans, the City has an existing 36" venturi tube and petering equipment ahead of the stater Treatment Plant whereby the water entering the pant can be measured. The Owner will.have the venturi measuring equipment calibrated ahead of tests to arrive at existing friction coefficients' and without altering the equipment use the same to evaluate the coefficients ' after the cleaning operations. The Engineer will verify elevations for pressure gages and allowable lengths of pipelines i for the testing purposes. The flow characteristics for water in the pipelines are to be based on the Hazen-Williams hydraulic slide rule using the applicable formula for practical i purposes. The Engineers determinations for the friction i coefficients shall govern. 02651-10 ' 1 FF For the purpose of determining head loss in between pressure gages at Station 0+49.6 and Station 449+48, the lengths of pipelines shall be based on 45,000 linear feet for each pipeline. Tests for friction coefficients shall be made for each pipeline and combination when operating parallel, before and after cleaning for the Owner's information, The minimum acceptable head loss (friction) coefficient (C) will f lashed as the minimum t established for ab been st e be 120. That figure has be cleaning results. Recent field tests indicate present C factors are roughly about 100. The (before cleaninn "C" factor) shall be run again by the Pcrt C Contractor using the newly installed pressure gages. I , Improvement of flow conditions as result of pipeline cleaning will be determined by Contractor for Part C by comparing test conditions before cleaning with test conditions after cleaning, Results of tests and conclusions shall be presented to the Owner in writing by the Contractor for Part C. f 5,00 PROTECTION OF EXISTING EQUIPMENT ~ This Contractor shall immediately report any abnormal functioning of ~ i i existing equipment such as air valves, gate valves, and blow offs. { The working condition of such equipment shall be as good as or better ` than the condition that existed before this contract began. y damage caused by this Contractor to existing egiipm*nt shall be ~ -,r repaired by this Contractor at no expense to the Owner, t} END OF SECTION ,r r 1 02651-11 F n'. 1 FF KK I4 1 05710 MISCELLANEOUS METALS, PART A 1.00 GENERAL 1.01 SCOPE Furnish and install all miscellaneous and specialty metal work shown on the drawings or specified herein. Provide anchors, hangers, rods, bars, buckets or fasteners required to complete this work and to connect existing Item. ; Submit six (6) copies of shop drawings for all fabricated pipe specials in accordance with Article 6.21 of the General Conditions, for Engineer's approval prior to beginning work for the Items. i 1.02 FABRICATION When a specific manufacturer's article or apparatus is 'specified, it shall be applied, assembled, or otherwise insta'iled in accordance with the manufacturer's specifications. i Insofar as feasible, all items shall be shop febri;;ated and assembled ready for erection. Fabrica~e articles to proper shape with sharp lines and smooth s!irfaces. Connections shall be securely welded, bolted or riveted a!id welds shall be dressed smooth on exposed surfaces. Thickness of metal and component parts shall be of size s, s, adequate to withstand strains reasonably anticipated for its usage. r Provide lugs, rabbets or brackets to allow for proper assembly and j close fit. Exposed edges and ends of metal shell be dressed smooth where exposed. l r ` Castings shall be of proper design, sound and exposed parts shall f have no blemishes. Remove fins, casting lugs, or other unnecessary I 1?. D arts, grind rough edges and shape for fit with other component ' artS. D 2.00 MATERIALS A. MISCELLANEOUS Structural steel plates and bars shall conform to ASTM A-366 B. MELDING ELECTRODES Electrodes shall be of the type required for the purpose intended. Use E70 series for manual arc welding. l i d ! 1 1j1 05710-1 t { y~i I i ' l ~v { F r ~a w.a•. f i j C. FASTENERS y Fasteners shall be of the type required for the purpose intended and particular application and shall be of a recognized industry standard for the type of components. D. SHOP PAINT ! All ferrous metals shall receive one coat of rust-inhibitive primer as specified specified in Section 04905. Finish coats shall be as in Section 09905. 3.00 EXECUTION 3.01 MISCELLANEOUS FABRICATION ` Fabricate all miscellaneous steel components, to the design noted on I the drawings utilizing structural shapes, bent plates, sheet steol or other material as required to construct the Item. Generally, assembly by welding shall have all Joints ground smooth. Provide brackets, fillets, plates and anchor bolts as required. 3.02 MELDED FIELD CONNECTION { Melds shall be made only by operators who have previously qualified ~ << by tests, as prescribed by the "Stcndard Qualifications Procedure" in the "Structural Welding Code - Steel" by the American Melding Society { tl to perfom the type of work required. The Contractor shall provide in the certification that welders have passed qualification test wit six months Just prior to perforrance of work. All welding must be 1 approved., END OF SECTION I 3.1 , f ? 05710.2 f' i al , ti I~ 71 ,rn s' x~r } jf 09905 PAINTING, RAW WATER PUMP STATION (PART A) 1.01 SCOPE A. The pump motor will be finish coated at the factory and will not ! need field painting unless the coating gets damaged during installation. F~, ! B. Pump column below grating will be finish coated at factory, and t' will not need field painting unless tha coating gets damaged' during installation. % C. Discharge piping exterior other than valves shall be shop sand ' blasted and primed, and field painted. D. Switchgear shall be factory painted and will not require field' painting unless the coating is damaged. E. Between the grating and the concrete slab above, the pump column, piping, fittings, valves, air valve, coupling and harness shall be painted with two finish coats in the field.. s 1.02 PREPARATION OF METAL SURFACES f' All metal surfaces exposed, not factory painted, shall be thoroughly,;,. cleaned of all pill scale, rust, and other,foreign,matter by ; sandblasting to a gray metal in accordance with SSPC-SP6,,"Commercial } Blast Cleaning°. All sandblasting shall be done in shop unless otherwise approved by the Engineer. i Any surface that is sandblasted on the site shall be thoroughly cleaned of sand and dust and the surface coated the same day it is f~ sandblasted. All sand used in sandblasting operationso rust, paint and scale accumulating from cleaning operations, and all other material, shall be removed by the Contractor. In the event that va; 5y,_ sandblasted surfaces are not coated immediately after cleaningy:and rust reforms on sandblasted surfaces, such rusty surface shall be re-cleaned by sandblasting again immediately before coating. 1.03 PAINT gar a; The paint system shall be as manufactured by,tht Tnemkc Co, s.' ` The paint system based on Tnemec shall be as follows: Coating No. 1 (not exposed to weather and sunlight): >s . 09905-1 y 4 ET- ' r I ) ti..us,a, r I ilk r 1 i` I 1 Dry Film Name Coat Tnemec Series Thickness m s Pota-Pox 20 Prime 20-1211 4.0 Pota-Pox 20 2nd 20-2000 5.0 i Pota-Pox 20 3rd 20-2000 1.5-2 Coating No. 2 (Exposed to weather, ssunlight and view, but not potable t water): Pota-Pox Prime 20-1211 4.0 f Pota-Pox 2nd 20-2000 5.0 Polyurethane 3rd 11 1.5-2 1.04 APPLICATION `j Paint shall be received in sealed containers, and shall be clearly marked with the manufacturer's name, and with the paint clearly identified. All paint and finishing materials shall be applied by skilled workmen and shall be brushed or sprayed in even, thorough coats, without f runs, crazing, sags or other blemishes. All coats, regardless of the material, shall be thoroughly dry before applying succeeding coats. Full 'drying time as recomended by the manufacturer of the particular: ppaint involved shall be allowed,between coats. All products shall be applied in accordance with the manufacturers recommendations. } 1 '1 - S 4 '1 ENO OF SEC71OM C F r ti~ ~ , tip, iy •I e', y., `_.Y -,r~~ JJ y I 1' ~ I ~ I ! Y !1 ! III I / d 1 ' r ~ ~Y w , 1 JJ~ ` 'y7 I ~Y 09905-2 I' Ida 1l~ , A~ Lp, 1 N 1~ 0 1', r i ry } Ole- F . ` 14360 HOISTING EQUIPMENT (PART Al 1.00 GENERAL 1 The Contractor shall furnish and install one motor.driven hoist and trolley to replace the existing manually operated chain hoist in,the Raw !later Pump Station. The existing hoist shall be removed and delivered to the City at designated point. The 10 ton hoist is to be installed on existing craneway single girder rail 24" I 79.9# with motorized trolley. Bottom of existing 24" I is about 17'2" above existing pump station floor. A shop drawing submittal of five copies is required for this equipment. _ 2.00 PRODUCTS v' 2.01 HOIST The hoist shall be heavy duty type meeting requirements of HMI-100 as z published by the Hoist Manufacturer's Institute. The hoist shall be rated 10-ton capacity with trolley travel 13.6 f.p.m. Lift shall be i 25 feet with two speeds of about 13.5 and 65 feet per minute operating on 230 volt, 3 phase current. Hoist shall be similar and equal to Shaw-Box, Catalog No. 327372-22H type, as described in ' detail in Shaw-Box Bulletin No. 15005-19E46. Yariations from the I ~ basic specification shall have written approval from the Owner, The { 1 hoist is to be installed in an existing building. Electrical r connections shall be as specified in electrical sections of the 1,,1 specifications. The equipment shall be properly prepared and painted in the , supplier's shop. f. s r 3.00 INSTALLATION t The hoisting equipment, complete with motorized trolley, and lift, electrical connections, etc. shall be carefully handled and installed in workmanlike manner. Horsepower requirement for lift is 10 HP9 and for trolley is 1.0 HP.; ' The trolley motor shall be separately fused at the trolley, Contractor shall verify with hoist representative that the lift and trolley he proposes to furnish is adaptable to the existing manually :r operated craneway, trolley and hoist. a the Contractor may use the existing manual craneway for handling the equipment to be removed, installed, adjusted, etc., with either the ;r exov{ing~manually operated hoist or the actor operated hoist to be ` p dad ` j i v ~ r r1 r r r 1 ' 14360-1 :;t{ r i. F,crx. I, 4.00 PAY)INT Pa,}-vent for the motor operated hoist with motorized trolley shall be included in the lump sum price bid in the Proposal for Part A. The price bid shall include removal of existing hoist and delivery to the j owner, the equipaent to be furnished and the electrical work pertaining'to the hoist, complete in place. END Of SECTION 01 1 I ` i + .y l~ IL. .fir . a ~_I! _ "~5 1 I / ~ ~ ~ TT V L t i i1 _ .I ! if. ,Y v ! 1, + I t ~l ?T r~~ ty { I'1 'I ~f 't. I~+~ rl .I.~ 11 1. 17r Iasi . )Sa Y1•. '7t le i v!{,~~ nFr 1 r r, ~ I'-! : i,i I~ r 1.' ~ ,i t ~ '✓Y1 FI r.. 4}~. r 1 AY ri~'~1-rl \ I 1. i~ `YI ~ } 1 + , 1 } I ' ''rl t{ 1I A1,V1a.1. J u:~ ti jl?A rr yL itl-.v ,r \ Y r+ r+ . } ~ r Y 'a~(\ it 'e~9 i A • ♦1 . r , 1 • 1 1 fir 1 r r T r 14360-2 ; . r 3F ' S L^ I II 1 1 , 1 II A I 15050 INSTALLATION OF PREPURCHASED EQUIPMENT, PART A 1.00 GENERAL The Contractor shall furnish all labor, tools, equipment and machinery necessary to receive, inspect, unload, and install completely, in proper operating condition, pumping Unit 3A, prepurchased and assigned by the Owner to this Contractor for installation. The Contractor shall be fully responsible for protection of the equipment and installation' He shall also furnish such incidental items not supplied with the equipment, but which may or may not be required in the Plans and Specifications for complete installation, such as welding, gaskets, flange bolt:, connecting piping, wiring, conduit, and other I appurtenances as necessary. Certain items of equipment due to its size or character will be disassembled for shipping, and shall be assembled by the Contractor as it is installed. It is the Contractor's responsibility to determine the degree of disassembly for equipment shipment In i. establishing his costs i.-sr installation. General details of pumping ttnit 3A are given herein. Complete Specifications are in Appendix A of these specifications and Shop 'j j Orawi.igs will be made available to the Contractor for use in , construction, i;. The service of the Manufacturer's Representative is required to assist in installation and start-up of the equipment in accordance with the terms of the Purchase Order included as Appendix 'A". f Contractor shall schedule and request the Representative to be available when needed, to assist and Instruct In the proper Installation and adlustment of the equipment. All work and , adiustuents shall be done In accordance with the Manufacturer's 1A - 1 r a, recommendations and instructions of their Representative. t J ~"0 2.40 PRODUCTS ~ rl I ~f C / ~ I s. 2.01 PUMPING UNIT The vertical turbine Pumping Unit is comprised of a discharge head j ? with below base discharge, base plate, pump column, bowl assembly, column shaft, and motor. Delivery is expected to be about January 1, ~y 1990; however, bidders and the Contractor shall verify the date of r, expected delivery. F .F PI' 'I 1 •l f.~ 15050-1 ~ t`iI i r 9 ' I~ Ole The Construction Contractor shall install tht-- the drawings level and install the unit pap and base iaoto r, make shown on . , charge piping connections and perform re all t dis- OP- for proper operation of he pupping unit. electrical rock necessary, END Of SECTION' ' ff 14 r 1 ' 5 + I % t`.~•'~i'S d ~ryt~ ~ 1 !i 7 ry'tf. ~r •Y•~r ,rl ' Ak 1, lilt Y Y: i. ~ ~ , A r , f. ft ~ ~i ~ Y~~. C 1 l .r µ_i i r li.. X14 t. ll~ 1r~ • t jf~' ~ t; r Y, r t f L'. 4 I )f / t. f. + r 'J 1 r I: 15050• , Y ~ ! ~ l." , ltd ~ ~ r, .ws~iw~a+r~.u-`."•-r+++w,.aw waw.M+w.yM,y,<'aF',t4+N.MpKH1'>'YY11 MIt1Ni.:>..u141W.y~'!`!.'iiiD ri s j : ay: ~ a , { } FF 1 15061 STEEL PIPE AND FITTINGS, PART A <<;'t 1.00 GENERAL The Contractor shall furnish and install all steel pipe and fittings, including taps, connections, and appurtenances; completely as shown on the Plans and specified herein. The Contractor shall submit six (6) sets of full and complete shop drawings on the steel pipe specials in accordance with Section 6.21 SHOP DRAWINGS. All of the drawings and data shall be complete and shall include a complete description of the pipe offered, including paint schedule and all pertinent engineering data required for a complete evaluation of the submittal. Submittal data shall be in such form and so presented that the Engineer may readily review the data. ~ 2.00 PRODUCTS Steel pipe shall be in accordance with the following specifications . of the American Water Works Association: Standard Specifications for Fabricated Electrically Welded Steel i Water Pipe, Designation C201. y r Standard Specifications for !mill-Type Steel Water Pipe, Designation j ~ _ C202. 1 Standard Specifications for Coal-Tar Enamel, Protective Coatings for Steel Water Pipe, Designation C203.'` t' Standard Specifications for Cement-Mortar Protective Lining and 4;F" f` Coating for Steel Water Pipe, Designation C205. ' <c t Standard Specifications for Field Welding of Steel Water Pip! Jofnts Designation C206~ Lap welded pipe will not be acceptable. s,. Steel pipe shall be designed for a workinngg pressure of 260 psi with fs: s' a minimum wall thickness of 1/4'. Pipe diameters shall be noainal " diameter as listed in Table 5 of the Standard Specificationt C2020 Diameters for 14" through 36' shall be actual outside diafeters. J, r { 3.00 EXECUTION 3.01 INSTALLATION • rr` Steel pipe shall be installed with flanged ends, couplings,,welded connections, and screw connections, all as indicated dn' the Plans and 'R 1 ( Y ' ~ ' 15061.1 • r 114, I,! A 4 . R F. f I i y i 1 f provided in these specifications. 'ti piping shall be thoroughly t cleaned to remove dirt, dust, rust, grease, and other foreign matter prior to installing held securely in position while shall be . f Pipe all connections are being made. No displacement of the pipe which x would cause undue strain on the joint will be peraitted. Flanged connections shall be igade `y means of erection bolts and drift ins without undue forcing , and with no restraint on the , ends of the pipe or fitting which would prevent pressure from being evenly and uniformly applied on the gasket. The pipe or fitting must be free to nave in any direction while bolting. Bolts shall be gradually tightened, each in turn, at a uniforms rate around the entire flange. Flange bolts shall be installed with bolt heads in ; one direction. f All field welding of steel pipe shall be done in accordance with the AWWA Specification Designation C206, "Field Welding of Steel Water Pipe Joints." All steel pipe connected by screwed fittings shall have all burrs removed by rearming prior to threading. Screw joints shall be made E with graphite and oil or an approved graphite compound, applied to male thread only. Threads shall be full cut, and not more than three threads on the pipe shall remain exposed. Caulking of threaded , s joints to prevent leaks will not be permitted. Changes in pipe sizes y shall be made with reducing fittings. All piping shall be supported \ j from concrete structures as indicated on the plans. ~J 3 3.02 SEAMS x t The maximum number of longitudinal seams shall be one sea* for 6. through 20" diameter pipe. K• _ r 1. •~r1 I }4 s~` sr! 3.03 CONNECTIONS Pipe shall be connected by butt welding, flanges or Dresser Style Y usedEnds sha1l be prepared for the CorLicular type n of cconnectionetoplans. Flanges for pipe shall be in accordance with AWWA Standard Steel Hub r Flanges, or slip-on, drilled to ANSI Class 250, unless; otherwise shown. ? Dresser Style Couplings shall be as Dresser Industries, Style 390,6e y equal. Thrust harness shell be as shown on the Plans. 5f 3.04 PIPE COATING The interior surfaces of all steel pipe and fittings shall be cleaned in the shop by sandblasting to a gray metal in accordance with AWWA .a C203, After cleaning, the interior surfaces shall be,primed and r r painted In accordance with AWWA C210, coal tar epoxy. : r 15061.2 t r I ' 1 uFVn ,.Ku4v.1+.4{w n-~n.•..X+n,u.{y j~~ .~~ASW(r'.►'l+ci~^~'" 11rr•~ ' 1' , 1 1 I~1 i r f.Cl. 1` 71 i r r 1 Field or shop welds in pipe or fittings shall be located so that the t j interior surface at the connection is accessible for hand patching of the coating. t The exterior of all steel pipe and fittings shall be cleaned and shop 'F primid with one coat of primer and two coats of paint as specified in ; 09905. 3.05 HYDROSTATIC TESTS All tests shall be made as directed and in the presence of, and to the satisfaction of the Engineer. All installed steel piping shall be tested at the waximun operating pressure (about 240 psi) and all noticeable leaks properly repaired. END OF SECTION ` rI u P { t..r 1 I r a'~ T'+1~ +Xt waaif', i~ I r r '~~•i; t r~ '11 rl I J 7 y~ r a C >yNi Jar al 041 15061-3 ' a frt. Lr `i. ~(y r}S S' ,r I a t. fin.', rt •i~'. t r . F •XM~ I] r.' ' R r V'. h AIr~.., i , r r- r 1-0 + 15065 GALVANIZED STEEL PIPE 1.00 GENERAL The Contractor shall furnish and install all galvanized steel pipe and fittings, connections, and appurtenances, completely as shown on h the Plans and/or required, 1 2,00 PRODUCTS Unless otherwise indicated, all pipe to be ASTM A120 for "Hot-Dipped Galvanized Buttweld Steel Pipe, Standard }!eight." Fittings shall be ANSI 816C, 150# malleable screwed fittings 'i galvanized to meet requirements of AST14 A153-61. 3.00 EXECUTION 3.01 INSTALLATION ii. All piping shall be as indicated on the Plans. All pipes shall be cut accurately to proper measurements. All piping, after cutting and y before threading, shall be reamed to remove burrs. All screw joints x~ shall be made with graphite and oil or an approved graphite compound applied to male thread only. Threads shall be full cut, and not more than three threads on the pipe shall remain exposed. Caulking of i? threaded joints to stop or prevent leaks will not be pervmitted. Changes in pipe sizes shall be made with reducing fittings. ' r ~ " 3.02 TESTING All water-handling piping shall be tested under supervision of the Engineer under the available heads or pressures under which :the particular line is to serve and,all leaks bade good. „ } + END OF SECTION x~ f 1, ~f ~ 1 T` 1 1 f r~~• { 5: r` J , ,E15065.1 ~~L y r ; i ttty', i tJ . 'r . I5Q78 MISCELLANEOUS PIPING AHD FITTINGS PARTS A AND 8 1.00 GENERAL The b-mtractor shall furnish and install all miscellaneous piping, , fittlaq, and appurtenances as shown on the plans. 2.00 PRODUCTS 2.01 PIPE COUPLINGS r Dressbr style pipe couplings where shown on the plans shall be Dresser Industries, Style 38, or equals for same pressure rating as adjoining pipe. Couplings shaft comprise a steel center band, steel I gland rings, gaskets and bolts. Provide thrust harness as detailed and shown on the Plans. L . 2.02 PIPE SUPPORTS Adjustable pipe supports for Inside valves and piping shall be as { shown on the Plans. 3.00 EXECUTION , r All piping shall be carefully handled and Installed to prevent 'damage i ' - to the pipes. All water Ifnes shall be tested for leaks at operating pressure: All v leaks and defects shall be repaired or replaced until no leaks or .4~ 'defects are discovered t r END OF SECTION 1 'ts3 1 ~lt4n , r ' r' i `1' 'i 1 l , t' is L4s i • r r r Y I i r 15078-1 r ti r~~. ~ ..w..r.L..wvrww.'.w.u^..:...:...~ww..~..,.,w.w.....w:rv.,,wr....ti..+rr....as..."rur..... i 1 f: 1. 1 i rn x ~ ~ r 15105 MOTOR OPERATORS FOR EXISTING 20"'BUTTERFLY VALVE AND 14" PLUG VALVE PART A 1.00 SCOPE ' The work involved under this section consists of removing and i replacing complete motor operator assembly for one 20" butterfly i~ valve now existing in valve vault outside the raw water pump station, on discharge pipe from Pump No. 4. Also, remove and replace motor operator on discharge of Pump 3A where there is an existing butterfly valve to be replaced with a 14 plug valvs as part of this contract. ' 2.00 EXISTING EQUIPMENT The existing 20" butterfly valve for Pump No. 4 to remain in place and to be continued in use is flanged end American-Darling 150B, with i4 Class 250 flanges. The existing motor operator to be removed and'replaced is Philidelphia.Gear Corporation, Limitorque, 5119-0 with 4 BC Manual 6:1 spur gear attachment. The motor operators were furnished in accordance with specification as follows: } The operators shall be sized to operate the valves with a differential pressure of 210 psi, with a plus factor for surging to 3 250 psi. Operators shall function to open the valves from4 fully closed r position, or vice-versa, in a 4 minute time interval. Each operator shall be equipped with a four-train geared limit switch and a'double torque switch for valve protection in both directibns''of travel. However; the operators shall have a local conteol'stition mounted in z ti the cover of,the limit`i41tch,cooQa rtment'; Kith'"OPtN-STOP-CLOSE'-+ ' push buttons and a OPOT Manual=Auto selector switch" Space heioes e ,f ;fir r; shall be provided in the limiit'switch cbmpartiienC~ ' Cz a x,, All gearing shall run in lubricant and ball or roller b6&Hn9vihall ' be used throughout; A handwheel iha11 be provided'for mamial operation. A geared indicator shall be attached to the operator t6 Indicate valve position. Handwheels shall not turn while the motor„ is operating.' Motor shall be specifically designed for valve operator service. Rotors shall be mounted on anti-friction bearings of the pro-lubri- cated type, Class B insulation shall be used. Motor shall be capable x' of developing a running torque equal to 40% of the rated torque R without exceeding the perailssible temperature rise of 609C over a 40% ambient. Motor shall obtain full speed before the stem nut in . 15105-1 I r - 74! I ~ f4wm.o i~ either the opening or closing direction. Motor shall be for operation on 240 volt, 3 phase service. Maximum motor speed shall be ' 1800 rpm. Motor shall have a duty rating of no less than 15 minutes and shall be capable of operating the valve through 2 cycles against full unbalanced pressures as specified above without exceeding the zl permissible temperature rise. Service is 120/240 volts, 33 phase, .4 wire, 60 hertz. Control voltage is 120 volts supplied panelboard. j 3.00 REPLACEMENT OF MOTORIZED VALVE OPERATORS Ik.. by replacement shall be The existing emoved ranoperators d handled t and be dispoemoved sed of for carefully r The contractor shall be fully responsible for protection of existing equipment and for providing new equipment entirely suited for the purpose. The motor operators shall be EIM, Series 200, 240Y, 3 phase or approved equal. Two operators shall be sized to replace the existing operators on valves No. 3 and 4 which are 14 and 20 inch, Butterfly- Valves respectively. r _ i The operators shall consist of motor, controllers, transforwers, } torque switches, adjustable limit switches, phase failure relay, . gearing, hand wheels and related components. The electrical devices shall be housed within a Nema 4 enclosure. Gear housing a@d bearing enclosures shall be cast iron.. „ Each operator shall. function to open the valves from a fully.closed,. r' position, or rise-versa, in a 4-ainute interval, 1 The drive motor shall be specifically designed for operator service and shall be squirrel cage induction type, totally enclosed non-ventilated construction with permanently lubricated ball bearings and thermally protected. Insulation shall be Class F. ~P All gearing shall be either steel or bronze and shall be constantly submersed in lubricant. Handwheel shall not turn when motor is operating. All wiring shall conform to the schematic diagrams shown on 'he plans. a ENO OF SECTION y } 1 15105-2 • . f, "j r; . 1 _ f 71 . Peipr,ll . y xrkr 15117 AIR RELEASE Y ALYFS FOR PUMP STATION PART A 1.00 GENFRAL r The Contractor shall discharge furnish and install frog Pump 3A of the sizes andtair release valve for specified herein comprising air valve, gate valve and the Puns and Pipe nipples. Air valves required t` for Part 3 shall be as , WATER MAIN CLEANING. specified in Sect Section i 2.00 PRODUCTS t Air Release Valve shall have a cast from bod ~Y steel trim, and stainless steel float, y, bronze or stainless be stainless steel. Float shall Other ins blowing ide parts shall also 4 valve clos be baffled to prevent air from ed with threaded inlet and ` Air Valv size e located outlet, „i , air and located as shown on the Plans shall be APCO Model 144yD Cor type, as manufactured , 2. porat fon a or vacuum approved • by, valve is required . sfmlleQual, A 2' bronzy, the Valve and Prfine ar and e Valve below the air } v`' equal to N1BC04Tt 3.00 EXECUTE 186, Valves shall be carefuiT Prevent damage to an Y handled and installed in such mann y part the valves. ofer is to END OF SECTIONi I Y r V r(~,{ ~ i x ~a~ ~yti t rr *r w((?; I 1 J I IL ,rr ~~r t . y 151111 :31, 1 ~ elf f . ; f t.': } ; 15132 ECCENTRIC PLUG VALVE (PART Al 1.00 GENERAL { The Contractor shall furnish and install one'(1) motor operated eccentric plug valve, 14" size, completely as shown on the Plans and specified herein. The motor operated eccentric plug valve 'shall be'' provided to replace existing'14" butterfly valve on discharge of Pump ± Unit No. 3. 1.02 SHOP DRAWINGS 41~ I fL Shop drawing, submittals In accordance w Article 6 (6.21). 1s required ith the GENERAL CONDITIONS r: for this specification item. Five•~51 : copies of shop drawing submittal required. 1.03 OPERATION AND MAINTENANCE MANUALS Four (4) sets of Operation and Maintenance Manuals shall be submitted to the Owner prior to final acceptance of the project. 2.00 PRODUCTS Eccentric valve shall be of the non-lubricated quarter-turn type with ` #f resilient faced plug and shall be furnished with flanged end } "r connections. Flanges shall be Class 250 and shall conform to ANSI standard for cast-iron flanges. Valves shall have a ■inicum nominal Y , port area of 801 of the pipe for valve sizes up to 20 inches. All j exposed nuts, bolts, springs, washers, etc. shall be Type 316 Stainless Steel. Resilient plug facings shall be of neoprene, s; nitrite rubber, BUNA-N, or equal. Hating surface shall be overlaid with thick welded and machined nickel alloy. X. Valve shall have operator top-mounted an4 come complete with a - ' ' totally enclosed worn gear operator with handwheel. Valve shall have seals on all shafts and gasketed valve operator covers to prevent the entry of water. Valve shall be either fully open for flows ranging from about 6 MGD to about 8 MGD or in throttling position for less flow. Throttling may be normal operation in order to control pumping volume. Valve shall be DeZurik Eccentric Plug Valves, Fig. 128, Class 250, with motor operator as specified in Electrical sections. Valve shall ! p t{~ E be designed for seating against back pressure on inlet side. f 7;iY O erator shall meet the requirements of Section 16150 and the other b' Electrical sections shall apply, as applicable, for electrical work. Shop drawing submittal is required for the motor operated plug valves in accordance with Article 6.21 of the General Conditions. J 15132-1 . C ;f I4 t1 I I 1 i T i t 1 3.00 EXECUTION 3.01 INSTALLATION Valves shall be carefully handled and lowered into position in such a tanner as to prevent da189e to any. part of the valves. The Valve Shall be placed in proper position with step truly vertical The - Contractor sha11 furnish all bolts and gaskets and proper pipe lengtfi for flange connections. 3.02 PAINTING posed sha11 be slop, cleaned to bright Metal and given' `I to be e) (posed Valves coat of rust inhibitive primer. Finish coats shall comply with Section 09905. Y-W i END OF SECTION .11E Y 4 1.11111 , 1 r 1 1 R I''~ RSRS 1 11 15132-2 r y 1 " y( 1 1r 4Y,~ ~ ~ tji lill .I I 1 1 1 y 5~;. , ~ "l r ry 1.'4 Y 1 1 J l I r 5 ' ~ RI r .i ! r.. / l I ..g1 ( y 111 t A.:~;/ ~t l\ I 1 1 rl. •i. y.tltl~ ~ ~.•..v~w...w ~.Ww1YONy! f r t. I \ 1 Y f I 15133 SLANTING DISC CHECK VALVE f 1.00 GENERAL The Contractor shall furnish and install one 14` size, Class 250 ppsi, puaQ check valve for pump Unit 3A as, specified herein. The pumQ:check valve shall be slanting disc check valve with bottom mounted oil dashpot buffer for free opening and controlled closing of the valve. j Five (5) sets of full and complete catalog and descriptive data shall i ; be submitted. The Data shall be complete and shall include a complete description of the valve offered, including all pertinent engineering data for the Owner's files. Four sets of Operation and Maintenance Manuals shall be submitted to the Owner prior to delivery. 2.00 PRODUCTS } r 2.01 DESIGN The valve shall be a slanting disc check valve. The body shall be { two (2) piece construction of ASTM A48 cast iron, bolted together through the center section in a manner to capture the seat on a 55' i rt angle. The seat ring and disc ring shall be ASTM BSB4, centrifugally + cast bronze, and must be hand replaceable in the field. The area throughout the valve body shall be equal to or greater than the full ti + pipe area. The valve shall have sufficient clearance around the pivot pins to permit free seating. Pivot pins shall be constructed of ASTM A582 Stainless Steel and Bushings of AST14 A269 Stainless Steel. For free opening and positive non-slam closing, the valve shalt be a bottom mounted buffer. The buffer shall be designed to contact the disc during the last 10ir of closure and control the final, .F closing of the valve to prevent water hamper; the rate of closure of- the last 104 shall be adjustable and variable. The line media to the buffer must be separated by a combination pressure sensing device, ? and oil-water separator to protect the buffer cylinder against corrosive build-up from the media. Pump Control Valves shall be APCO Series 800-B Slanting Disc Check Valve as manufactured by the Valve and Primer Corporation, or approved equal. 3.00 EXECUTION The Contractor shall install the Slanting Disc Check Valve in discharge piping of Pump No. 3 in a manner similar to existing Check Valve for discha a pipe of Pump No. 2. All dimensions for Installation shall be verified. if I 4. 15133.1 4 4' v t ~ 4 I el~ l S , r ~1 l f, C T I 1 E The equipment manufacturer shall provide the services of a competent 3PA manufacturer's representative for whatever period of time is required rr to insure proper installation adjustment and operation of the - equipment, a minimum of one days of eight hours duration. ~Jpon, completion. of.installation of,the,valves.,an acceptance test " i - will',be conducted to verify'the satisfactory operation of the valves. i ep. neer before final aacceptance'vill be made by the' aOwnerale.to the En:gi; ENO Of SECTION. ~ 4 r J~ ,LrIJ 1+ I i. 4 t ~ L P'' , r LL , 15133.2 n. , Y 12- i ~ ' _ ..-+~..•..~~.w wr-w~rusawwllt-~wO~MK ~ r " i i, / 1 f 0111- W owl, J „ IA,k w 15172 PRESSURE GAGES (PARTS A AND B) 1.00 GENERAL I4.., This specification covers dial pressure gages which indicate f pressure (or vacuum) on a graduated dial by means of a pointer, utilizing an elastic element (Bourdon tube or coil),-and actuating j linkage, as required for measuring pressure or vacuum. In general the gages shall conform to Federal Specification GG-G-160 (12/4/7519 L for Class It 2 or 3 as indicated in the tabulation on next p'ages' Style X, Type I, designed for use with air, steam, oil and water. r. - The contractor shall submit four (4) copies of catalog data, cuts . descriptions, etc., for the Owner's information. 2.00 PRODUCTS 2.01 STANDARD PRODUCT The gages, as a minimum, shall be in accordance with the require- meets of the basic specification and shall be'manufacturer's ;i standard commercial product, Marsh, Omega or Ashcroft. The gage, cases shall be steel zinc-coated. Inlet 4ha11 be i/4-inch size. Gages are to be supported by connecting pipe. i= Class i gages shall be pressure-indicating:" Class 2 shall be vacuum gage designed for vacuum indications. Class 3 gages, Type Is shall 1 r , - indicate pressure or vacuum. Type I gages for use with air, steam, oil and water are to be furnished under, this specification. Style X j ' incorporates a single Bourdon tube (or coil) f6r standard applica- tions for pressure indications. 2.02 PRESSURE GAGES TO BE FURNISHED Locations and descriptions of pressure gages to be furnished are listed below, and are to be furnished and installed regardless of any omissions of the plans. Gages are to be Type I and Style X. ; z " n Two gages are to be installed for each of the two pump discharge pipes located as shown on the Plans. ; Pressure tz Range L Gage Location Quant - Size (PSI) In pump station ` on discharge of pump 3A (Part A) 1 - 3-1/2" 0-300 4, 15572-1 .T+. i 71 N I t IL A, i !fin! r ' Pressure i Y; Range Gage Location Ouant Size (PSI) (Conti rued) Near pigging xye ;r at pP station (Part B) 1.3.1/2, 0-, , j Near water plant + 3- end (Part 0 2 1/2' 0-100 3.00 EXECUTION 3.OI INSTALLATION a The Contractor shall provide connecting piping to install the pressure gages similar to that existing for Pup Unit No. 2: i Connectiop.iwaediately adjacent to pressure gage shall. comprise ;i brass, or bronze, nipples and 1/4 inch tee head bronze gage cock and " shall be equipped with Mid-West Model 150_Vari-Dana Pulsation S Daaroener. The ggages shall be, installed in neat;and workmanlike manner and protected until project acceptance by the Owner. Gages rr shall be extended from the tap to a position on the ground fioN by extending .the 1/4' pressure, line. +i r END Of SECTION • taw dr c! h ' , yVV ; ~~t 7J , , • ..SJ Y T ! , t 15172-2 t t ~.if jy,~~ ~_..~_..~~.-....rw...wr-~.•.J+.aaw~/Al...~IHw/rw~M'IMWMM' h ' rF~ ~r~ Y F J lSS J S,, rnr 16000 GENERAL ELECTRICAL REQUIREMENTS (PART Al - 1.00 GENERAL } 1.01 SCOPE The electrical work shall consist of providing complete and operative electrical installations as shown on the Plans and provided for in these Specifications* as well as that necessary to interface with and operate all plant equipment. The work includes the furnishing of all labor, materials, and equipment except that specifically stated to be furnished by the Owner to provide a complete and workable electrical system. 1.02 DRAWINGS The drawings are not intended to and do not show all equipment such as Junction boxes, outlet boxes, conduit fittings, and similar: Even = though such items of equipment may not be specifically mentioned in these specifications, nor shown on the drawings,, nor noted 'on shop drawings, if they are necessary to make a complete installation, they shall be included in the work required under these specifications. 1.03 LOCATION OF EQUIPMENT I 'i The drawings show the approximate location of cabinets; panel boards, and other equipment. !*he most suitable location shall be deterained ' by actual measurement during"construction. Final•location shall be ? as proposed by the Contractor and approved by the Engineer. ` 1.04 AS - CONSTRUCTEO DRAWINGS The Contractor shall maintain a set of Drawings and Shop Drawings in <a" "As - Constructed" condition. Changes, modifications, or corrections shall be marked as they occur. 'The location and burial depth of -E; underground conduits shall be shown by dimension and scale. The Contractor shall date and sign markings and shall furnish a complete s` ,.~set to the Engineer upon completion. 1.05 CODES AND STANDARDS' All electrical material, workmanship aixf tests shall be in conformity with the applicable current standard ruleso regulations, and specifications of the following authorities: A. National Board of Fire Underwriters (NBFU) and National Electric Code (NEC). B. National Electrical Manufacturers Association (MENA). , 16000-1 t ~~1♦l ~l /y 1 1. F 3' , I . I j C. Institute of Electrical and Electronics Engineers (IEEE). i D. Insulated Power Cable Engineers Association (IPCEA). . E. American National Standards Institute (ANSI). F. National Electrical Contractors Association (NECA). G. National Bureau of Standards (NBS) (National Electrical Safety t a Code). , H. City of Denton, Texas. All electrical work shall be performed under the direct supervision of a Master Electrician holding a valid license in the State of ,i Texas. f 1.06 STORAGE AND CLEANUP h All equipment stored on the fob prior to installation shall be : suitably housed and protected from weather or other damage in full accordance with the manufacturer's recommendations. All equipment equipped with space heaters shall have the space heaters energized and operational as soon as possible following installation. Space heaters shall be kept in operation to protect equipment from moisture. All equipment shall have been properly oiled and l lubricated during storage and before any operation and sh511 be 1 checked by a manufacturer's representative prior to startup. At the , completion of the work, the Contractor shall leave the storage area in a satisfactory condition.! w 1 1.07 SERVICE Extend existing conduit and new 5KV conductors from existing 1500 KVA transforser secondary terminals to new Motor Starter No. 39 r , 'y ,y 1.03 SUBMITTALS } Unless otherwise specified, the Contractor shall furnish to the, ` Owner, for his approval, shop drawings showing all equipment he contemplates incorporating to the work. Samples of materials shall be submitted for approval when so directed. Equipment, materfals, and articles installed or used without such approval shall be at the risk of subsequent refection. The shop drawings shall include M catalogue numbers and complete descriptions. Approval of such drawings, equipment and specifications shall not relieve the Contractor of the responsibility for the satisfactory performance of the equipment as furnished and installed. i zr 16000-2 1 x ~ ~ _ _ _ -___.__~_._...»........_~.~~r,......«~..,~v.a~.:.s~.aunr..r... u.a.ias.~+s~►v'+ft`I~Ra~d,}~#i~~1F~i~~i1~ I IY r i 1 1 n r 2.00 PRODUCTS } - 2.02 HATERiALS 5 A. GENERAL All material shall be new unless otherwfse specified. All `r materials of a type for which the Underwriter Laboratories have established a standard shall be listed by the Underwriter's 4> Laboratories, Inc., and shall bear their label. 3.00 EXECUTIO11 ♦ k. 3.01 INSTALLATION All work shall be performed by competent workmen, skilled in this type of work. Work shall be neat throughout, and structurally sound. A a. ' t ;r 3.02 TESTING All circuits shall be tested and on completion of the work all of they installations shall be entirely free of grounds and short circuits. ~ c S ' 3.03 GUARANTEE The Contractor shall guarantee against mechanical defects in any or all materials and workmanship covered by these specifications and - shall make good, repair and replace, at his own expense, any defective work, material, or part which may show itself within a 't period of one year after final acceptance of the work.' xti , I~. END OF SECTION i r y. s s`ti l 'U z Y ~ ✓\S a, ~r lh I 'y((1 ~ 1 If f '~f I ~ i] 17,1 ♦ 1 f M{ 45,r ` i s w t 16000-3 0 if t I owl F. r nr . g«eur ~ , 16100 WIRE AND CONDUIT SYSTEM i' 1.00 GENERAL r 1.01 SCOPE The work covered by this item of the Specification includes furnishing all labor and material and performing the necessary - operations to provide a c%Vlete wire and conduit system. r 2.00 PRODUCTS 2.01 MATERIALS A. LOW VOLTAGE MIRE (600Y) All conductors shall be 600 volt thermoplastic insulated single conductor copper, 75°C, Type THHN/THWN for sizes #8 AWG and smaller, Type THW for sizes 16 AWG and larger, wet or, dry. The and approved as machine tool 1 , wire shall be water tank tested wire in accordance with the National Machine Tool Builders y, Association. The wire shall be Collyer Specification No. P-400, for Type THHN/THWH and No. P-142 for Type THW, Anaconda, or ' approved equal. B. }TEDIUM VOLTAGE WIRE (5301 All conductors shall be 5KV, single conductor, tinned coated, ? copper' stranding, extruded semi-conducting strand shielding, firmly bonded to the overlying insulation. Insulation shall be ?a ethyl enepropyl ene, meeting the reggirements of iPCEA S-68-516, I and tested to AE1C No. 6 latest edition, as it applies. ' a Shielding over the insulation shall consist of either embedded formed drain wires laid parallel to the axis of the conductor in a flame resisting semi-conductor jacket, or semi-conducting eIT tape, coated shielding tape and PVC jacket. Cable shall be a i Anaconda,Unishield, Rome No. 7155, or approved equal. , C. PAIRED AND TRIAD SHIELDED CABLE All paired and triad shielded cables shall be #18 stranded copper conductors with .015 extruded PVC, .004 nylon insulation, twisted into pairs, stranded into a core and ` enclosed in a non-hydroscopic core tape, IOD% coverage helically wound aluminum foil shield, drain wire, and .045' minimum extruded PVC jacket. Pairs shall be black/red. Cables shall be rated at 600 volts to meet NEC-725 and IEEE 383, and shall be Okonite No. 264-20-3301 (pair) or 264-25-3301 (Triad), or approved equal. 16100-1 r;? r,Y rPLASTIC CONDUIT All plastic conduit shall be schedule 40, rigid, high impact polyvinylchloride,,conforming to Federal Specification W4e].O 4 and Underwriters' Laboratories, inc., Standard U1.661. Plasttc conduit shall be Certainteed, or approved equal. E. RIGID STEEL CONDUIT 1 All rigid steel galvanized conduit shall be hot dipped galvanized inside and out and shall conform in all respects to + Federal Specification WW-C.581d, ASA 080.1 and Underwriters' Laboratories specifications. The conduit shill be protected by a chromic acid rinse. Conduit shall be Triangle PWC, or # approved equal. F. FLEXIBLE CONDUIT y 4 All flexible conduit shall be American Metal Hose with a neoprene jacket and Appleton Sealtite fittings, or other 1 {t approved equal. 3.00 INSTALLATION r~ 3.01 WIRE 4 A. GENERAL e'. ~I } All electrical wiring systems shall be color coded in accordance with the National Electrical Code. -In conduits or runs containing from two to seven conductors, no two conductors shall r 1. sz be of the same color. In conduits or runs containing from eight r'k $ to„fourteen conductors, the same color shall not appear more than twice.. For runs of Pore than fourteen conductors, tile: same color shall not appear more than three tines Jnlest necessary' ;i M for pulling purposes, conductors shall be continuous fri* " terminal block to terminal block without splice. Under no coh6ition shall conductors of a different' color be splice <<' ' ` o9Mier. All circuits shall tagg , a na s. All wire and cable i8, AWG and lay rger shall be stranded. The , ,•2~, minimum size condu;tors permitted is /12 AWG, except as l specifically indicated on the Plans. All wire shall bear the ' approval of Underwriters' Laboratories, Inc.' } { B. LOW VOLTAGE s ,S r I t' ; I ' All conductors shall be continuous from outlet to outlet and no M' I splices shall be made except at outlets. Sufficient wire shall be left at all outlets to make connections to ui Went without straining. ! ^v 4 16100.2 . ..........,...r:,.........a.,irJ......24 Cih 4'l:.,.r:in:•:.cW'rk7Y~~.YSM+L,4.Iw..........^- J , moor, A Y i r All. splices and taps shall be made with mechanical type. compression type or spring conricturs. Splices and taps shall then be reinsulated with Scot Tape No. 33,,half lapped, to a I m thickness of 1.1/2 times the ductor and insulations thickness. C. MEDIUM VOLTAGE Where SKY shielded cable is used indoors, a stress cone shall be applied as recommended by the cable manufacturer. On outdoor applications, a preformed stress cone with weather-resistant tape shall be installed as recommended by the cable manufacturer. D. PAIRED SHIELDED CABLE Paired shielded cables shall be grounded at the Instrument Panel end only and shall be insulated from ground elsewhere., The shield shall be made continuous for the entire run. Unless x y,' ei noted otherwise, paired shielded cable shall not be placed. in conduits containing conductors for power wiring. ,f E. GROUNDING All conduits, motors, cabinets, and other equipment shall be r r properly grounded in accordance with National Electric Code requirements. The ground wire shall be bare stranded copper, , sized as shown on the Plans. Where ground wire 1s exppo;ed to mechanical damage, it shall, be installed In thick,wall'conduit. .i Connections shail be made to equipment with solderless, i 5 connections. Wire connections to the ground conductor shall be ! of the fused type equal to the Cadweld process. The metal surface under the grounding; lug. shall be,cleaned'to bright metal. Connections to motors shall be to the grounding stud which shall, be threaded into the stationary framae and not • an end bell, and the ground wire shill not be. lugged to 6_ a'~I mounting bolt. Equipsint rv,t specifically shown connected toe o? grounding conductor shad be grounded by means of a conduit: t, supplying the equipment. Where direct metallic connectionsr < cannot be made, bonding dumpers shall be used. Y; I 3.02 CONDUIT i r ` i . ~ A. GENERAL All conduit buried in earth or in concrete shall be rigid PVC.' Unless otherwise indicated, all other conduit shall be rigid 2 steel. At the transition from underground or from concrete,.PVC t a F.: conduit shall be protected from mechanical damage by extending r 16100.3 r ii rigid steel conduit a maximum of twelve inches and a minimum of four inches into earth or concrete at the transition. Conduit , sizes shall be as shown on the Plans, except that in no case shall a conduit size be less than that required by the National Electric Code. The minimum size permitted shall be 3/4 inch. B. UMDERGROUND All underground conduits shall be buried a minimum of 18 Inches deep and as shown on the Plans. Buried conduit bank shall be backfilled with material free from large rock, paring material, z or large angular substance which may damage the conduits. ,f C. ROUTING AND SUPPORT Conduits in buildings shall be exposed on unfinished ceilings and basement areas as shown on the plans. Conduits shall be c. rigidly supported to the building structure by means of straps F}; or clamps, bolted or screwed to the structure. The.straps fstshall be of the twolhole pipe strap type and clamp " %~{x`' one-hole pipe strap type. D. TERMINATIONS Double locknut construction shall be used on all conduit terminating in stamped metal motor' terminal. motor. starter, safety switch,-junction or pull box, etc., with approved type of bushing over end of conduit. -Length of conduit threads shall be 2 increased at djunction and pull boxes where necessary to ;j e locknuts and bushings. All bushings shall be iT, fully seated against end of coodult. 'E E. BUSHINGSS' ` Bu'shings`shall'be composed of an outer threaded metal ring with r an 1 Wr'insulated compound ring molded into the metal•ring,'or j ~ . x shall be of t4 threaded type, c6Mp4sed enti rely* of an approved s s r~ r 1 y insulating material. e F. NIPPLES: ' Conduit nipples shall have two independent sets of threads. r Running threads shall not be used. Where conditions require joining two fixed conduits into a continuous run, a conduit union shall be used. ' G. PULL BOXES AND JUNCTION BOXES r' 'Condulet' type fittings shall not be used on conduits containing wire E4 AWG or larger. Pu11 boxes shall be provided t 16100-4 ' ~i.•.r.. e..+..•.. u..,,.,-".,..a... . ....•.~.:,~:.4.rL.fr.w.fp.w..Ywl..R.G~riP.r.4tiri~.reN.aa.rrc..~r t ' } ,e L {•YI a • . i~ x<. and installed where necessary to facilitate the installation of cable and wires. The pull boxes shall be N.E.C. size. All Pull and Junction boxes shall be 304 stainless steel or cast iron with watertight covers. All pull boxes and Junction boxes shall be accessible and not burieu. =#i ' H. EXPANSION JOINTS Expansion joints shall be installed in all conduits crossing concrete expansion Joints. Provisions shall be made to prevent' shear strain at crossings. } 1. EMPTY CONDUITS Where empty conduits are shown, they shall be stubbed up 6 Inches above the floor and capped. J. MOTOR CONNECTIONS ;J r Connections to motors shall be flexible metal conduit for a distance not to exceed thirty (30) Inches. ent END OF SECTION , I tc ~ rl ii 1 1 ,t. I ~ : tS i ~ d { A 3~r' t t1 . 1 LEI p 1 r ~ ,~t~ a~!.1 E k}. ?s !4• r n Y f-, 4 r Ir p e { E„ ~ IFS l,: I `M~ % 'r~ ,,'t~: 16f00~5 ,S 3 ttr J' I Ji 1 I ~~~Awwwr~r.+n.~w.w~r.•+.rvw~w.r~.r,wn..; ewn..va+a.\h n. w+ksxr.4[tl ltw•• ••Y.~ -~I+.~nw~rr.~.~...~,~---____ j;: ~t -fr I a ,r . I, sf p r n7~ ~,y, S~v.,'~ a\ Ir { ! r ~ • + fir. 4 J Ile, -1 alw; T C 4 1"F i 7 ~i f f 16150 ELECTRICAL EQUIPMENT i 1.00 GENERAL 1.01 SCOPE r The Contractor shall make all electrical connections to equipment furnished by the Owner and other contracts, and furnish wiring,; " conduit, etc., as required. He shall check the Plans and _ Specifications and inform himself as to the amount and type of such r, wiring that way be required and include same in his bid. 1.02 ENCLOSURES Unless otherwise indicated, enclosures shall be.NEMA l for jndoor, installations and HEMA 4X stainless steel for outdoor fnsta11at1on;. 2.00 PRODUCTS ? 2.01 MATERIALS ~y y l'r ' rr. r A. HOIST BREAKER P, r. 's Hoist breaker shall be a, thermal magnetic ioolded case'c~rcu breaker, 60 ampere, 100 ampere frame, three 'pole, General Electric Type TED or approved equal mounted in the existing f enclosure. Breaker shall be for operation on 2401 3-phase, 60 Hertz. r B. CABLE REEL The cable reel for the electric hoist shall be Ap9 eton`Feellte. proved a ual and shall be'suitable 'a Rll400.series or a , horizontal suspension applicatrion The reel, constructed kof, 1 Af, rugged steel and attached by roller Dear,ings, shall De ins 1]Ed zr on 'a swivel base and contain a four roller cable `outlet': lype'.1r cable shall consist of 4t6 conductors of sufficient,length,to r service the hoist in any position on the hoistway plus at least 'P SL feet of additional cable. Reel to contain copper graphic E brushes.and copper, graphic foil feeding -the', real I'condOoctor`s. `the"~" ' 'return spring, motor assembly sha11'be fiel4'tensioA.'81 uitabie. t and shalt contain a fast return safety clutch. s~ E PI' { C. INDICATING LIGHTS, SWITCHES AND PUSHBUTTONS %i <f Selector switches, pushbuttons, and indicating lights shall be heavy duty, oil tight General Electric Series CR2940, { Westinghouse, or approved equal. ? E { ~ 1 y r t v 161sa1 a 5 _ i l 1 FF { r D. ALARM UNIT 1 A resistance alarm unit shall allow deactivation of Valve Operator Number Three at an adjustable aid-range (KID) position. f The unit shall accept a three-wire potentiometer input (0 to ' 1000 ohms) proportional to valve position, shall provide an E - internal setpoint adjustment for selecting any valve position between 0 and 100%. and shall provide as output an isolated set of DPDT relay contacts. The setpoint adjustment shall be j performed with a graduated dial internal potentiometer and shall be continuously adjustable. Deadband shall be adjustable`from 0.1% to 6% of input span. The alarm contact shall be connected so that the valve "open" circuit shall open upon reaching an ; j adjustable KID position. Failure of the alarm unit shall allow ~ E the valve to fully open and stop by opening of the full-open limit switch (LSD) and shall not depend upon the open torque t switch (TSO) for the stop function. Operation of the KID positioning function shall not affect the Y } proper operation of the "jogging relay" function. s The Resistance Alarm Unit shall operate from 115 VAC, +10%6 60 14z, and shall be housed on a panel mount base with removable dust cover in accordance, with NEKA 1 requir ments. The unit {,1 shall be on Acromag Series 1600 alarm or approved equal.` X51 3.00 IKSTALLATION !ri 3.01 GENERAL the Contractor shall make all electrical connections to equipment as f specified. ,,Installation shall be made. in compliance with manufac- ,k a k , r are ings. If Wrer s recommendations and,the 'Contract Dra available'froo :he 0'6nufactur4r of the'specific equipment or shown on the Contract' Drawings, installation shall be according to the best ' f r eIectricAl'industry'ane trade practice. ti J~ A 3.02 TEST. 3C cif Upon completion of the installation, the Contractor shall perform' continuity tests and functional checkout to assure proper operation of alt equipsaent. END OF SECTION t f s,~ 1 u K', j rl i ~r 1 1 f 16150-2 i , l 1 ' ~ III 1 x r • dust cover in accordance with NEMA 1 requirements. The unit 4 shall be on Acromag Series 1600 alarm or approved equal. .K 3.00 INSTALLATION 3.01 GENERAL ^ The Contractor shall make all electrical connections to equipment as specified. Installaif,fon shall be made in compliance with, manufacturer's reco.sendations and the Contract Drawings. If none ` are available from t:ie manufacturer of the specific equipment or', shown on the Contract Drawings, installation shall be according to the best electrical industry and trade practice. . 3.02 TEST s Upon completion of the installation, the Contractor shall 'perform > c continuity tests and functional checkout to assure " of all equipment. Proper operation; i 'e END OF SECTION ;rt rr ~ 'u i 'f .'t r ]f . 1 ` I X111' ; L' \ ~ ~ l ~ w 1. ' S I+di r_ vas aA " ~,as a+Y Q I" I- I. a iii~irrr t7 '~.f 11f y~, t , {Y f c 1. t'I~y A t, 4Z , 1 f.t r 4 f 1' • 1`, 40 t , t"{\:~ f 1 c.G is .1 yl 2 r~1 it , ' r ,I r 'Ji I ~11S7H•, " ~.n.u.•,r.V.. .r w.w.w'v.,a uia.♦~w..««w...n..w,.+...-..__.. .1 , 1 1 1 06 1 r nr 16182 MEDIUM VOLTAGE MOTOR CONTROL EQUIPMENT , 1.00 GENERAL 1. 1.01 SCOPE ' The equipment to be furnished under this specification shall consi0s6t t of the furnishing of the equipment as described herein anQ A the attached drawings. All primary parts of the equipment, including the contactors, instrument transformer, busses, connections, and ; insulators shall be coordinated to withstand mechanical stress 'and to' i have sufficient thermal capacity for use on the proposed system,. without artificial cooling. 1.02 STANDARDS r The equipment shall comply with the latest rules and regulations of, t the institute of Electrical and Electronic engineers and the. National i¢ Electrical Manufacturer's Associatioil, Standards$ E.2 Class. 1.03 MANUFACTURER The equip~aent shall be manufactured by (9:NERAL.ELECTRiC, or; approved t; "f yr r equal. it shall be similar and equal to the'S.E. Liiaitaap. equipment. 1.04 OPERATING. VOLTAGE `,3 Y- The equipment shall be designed and arranged for operation on 2400 i f volt, 3 phase, 60 Hertz. ' 1.05 CONTROL POWER VAC from r located in Control power hat control t'ansforoers r ' 1 be 240 r \ r: S .~y each cubicle " ;z { , ` 1.06 INSULATION LEVELS ! r f} 5 The'asseebled e t t shall be designed for,,t a following 7C 4 insulation levels: A. Standard Insulation Tests, 60 Hertz, 19,0,, S. Standard Full Wave Impulse (withstand) Tests 46 KV. 1.07 MOTOR CONTROL HORSEPONER RATING s r !,s as indicated on the Plans are approximate. It shall be i; MorsepowE the responsibility of the Contactor to furnish properly sized motor r• t t . , rF ~ f I ~ control equipment when actual motor horsepowers are determined. if j actual motor horsepowers differ from the Plans, the Contractor shall obtain assistance from the Engineer in determining whether or not hardware and wiring changes are necessary. The Contractor shall be responsible for providing all components and wire of the proper size. 1.08 ENCLOSURES ' The equipment shall be installed in NEMA Type 1 - 6asketed i A, enclosures. The enclosure shall be designed to protect against dust. s 2.00 PRODUCTS 2.01 MATERIALS A. MOTOR CONTROLLER ' Each motor controller shall consist of a stationary element and a removable element. The stationary element to include copper busses, copper connections, instrument transformers, automatic shutters, steel barriers between compartments, a.manually or- electrically operated mechanism for moving the contactor i;- carriage to and from the connected position, mechanical interlocks, ground bus, terminal blocks and wiring for control ' and secondary connections, control fuses, and provisions for connecting cables. The stationary unitsll be constructed of „I ".9 welded structural shaped steel members together with formed ` sections of special smooth panel steel approximately .18 thick. The units shall be completely enclosed b a hinged Y panel door : S with removable plates permitting access to all compartments. F The structures shall be rigid and self-supporting. yj F r The 'r'emovable element shall consist of the contactor, primary j ! fuses, mechanical interlocks and control transformer with y L associated control-wiring. A contactor of the size specified shall be furnished with each motor controller as shown on the $ drawings. .ti The contactor carriage shall be isolated from all other primary,, t` equipment and arranged so that it may he completely disconnected frromthe'line and bus for test and inspection. The removable rwt element shall be equipped with mechanical interlock's Wch` t L .t , `prevent disconnecting the contactor from the statio i7 { t structure without tripping open the contactor. it shall not be possible to close the contactor either electrically or + mechanically when the removable element is at any point bet►•een the operating and test positions. Isolation shall be accomplished by moving to the disconnected position. It shall i be possible then to open the door and remove it from the structure. All removable elements of like rating and having ! ' 16182-2 ~~idll•IL7Ki*~Krvtku+x..l,:....... ni r.,.,. „c..>.-:.. ,....a .,..y i n%~fr:.R!~i vs•i1ni.:^i+91+y:ivrv:e..,....... 1 ~S. yi , ♦ 1 7 fw met 1 similar features shall be interchangeable. Provisions shall be made for padlocking the removable element in either the connected or test positions. - ; Each controller shall have an interrupting capacity of 200,000 KYA and shall be a full height cubicle. In addition, each q cubicle shall include the following:, Pump No. 3 Controller { 1 - Draw out air break contactor assembly complete with 400-A, 50,000 KYA contactor, 3 current limiting power r fuses,, control power transformer with fused primary and YL;. duriswitch he shall be provided, isolating seondary.Aetest c test. 1 - AC Ammeter y{ 01 l' 3 - Current transformers 1 - Overload Relays, thermal compensates. ' 1 - Three phase 1000 ampere bus J" r 1 - Ground Bus I - Indicating Lamp, red: Indicating Lamp, green ' 3 - Indicating Lamp, amber { 1 Indicating ]amp, blue _ 1 Emergency Stop push button 1 - Time Delay Relay (TR)H 5 1 - Phase failure relay (47/27) Allen Bradley Bulletin 813S-YDA r r or equivalent 1 - Cubicle heater, 1 - Relay, control, for bearing,temperature (BTR) 3s 1 - Relay, ten ohm type, inherent motor protection (49), Westinghouse Model No. 2016 A36Fi01 1 - Elapsed time meter t - Terminal strip with 10 spare terminal. points. 1 - Set single conductor terminal tugs, for SKY, shielded ,xs cable, 02/0, for 600 HP motor 1 - Set, auxiliary control relays ti `required ` 2 - Reset pushbuttons Start pushbutton t: Pump No. 1 Controller • 3 1 Draw out air break contactor assembly complete with S 400-A, 50,000 KYA contactor, 3 current limiting power fuses, control power transformer with fused primary and secondary. A test switch shall be provided, isolating the transformer during the test: s. 1 - AC Ammeter 3 - Current transformers 1 - Overload Relays, thermal compensated cy+s ~ lC f. i.0 f'~' r1- • I 16182-3 rnr tills r~ r i. pltaJ ~ • ~ ' 1 - Three phase 1000 ampere bus 1 1 - Ground Bus 1 - Indicating Lamp, red 1 1 - Indicating Lamp, green 1 1 - Indicating Lamp, amber I - Indicating lamp, blue < _ 1 - Emergency Stop push button 1 - Time Delay Relay (TR) 1 - Phase failure relay (47/27) Allen Bradley Bulletin 8135-VOA ? or equivalent 1 - Cubicle heater ; 1 - Elapsed tine meter I - Terminal strip with 10 spare terminal points 1 - Set single conductor terminal lugs for SKY shielded f cable for existing 800 HP motor ! 1 - Set, auxiliary control relays as required 2 - Reset pushbuttons 1 - Start pushbutton Pump No. 4 Controller Rewire existing controller unit to provide functions shown in ,i the control schematic. The existing controller shall contain t;! T the following new items as a minimum: y. 1? , 1 - 3 current limiting power fuses, control parer transformer t r r with fused primary and secondary. A-test switch shall be ` provided, isolating the transformer during the test. Yi - AC Ammeter T..; 3 - Current transformers' I - overload Relays, thermal compensated 1 - Three phase 1000 ampere bus r1'. 1 - Ground Bus 1 - lndlcating Lamp, red y ti 1 1ndlcatiag tarp, green, t I - Indicating' Lamp, amber 1 - Indicating lamp, blue ri i - Emergency Stop -pushbutton r 1 - T1se Delay Relay (TR} Phase failure relay (47/27) Allen Bradley Bulletin 813S-VOA ~4i Or equivalent 1 - Elapsed time meter ' f. v t., l4,! 1 - Terminal strip with 10 spare terminal points s:. 1 Set single conductor terminal lugs for SKY shielded - cable for existing 700 HP motor F Set, auxiliary,control relays as required 2 - Reset pushbuttons' I - Start pushbutton Y c r 16182-4 ` . .+.vwU+.Y+.,.•an+•,rs..~i..r:~rrfeR%NWi.AlIJiS:H i4Yiw~i.wYa~.+~....VaI i 1 ,i B. INSTRUMENT CURRENT TRANSFORI`IERS 1 i Each instrument current transformer shall be substantial and well built. Insulation shall be equal to that necessary to meet the requirements of the IEEE standards. At normal rated amperes, under usual service conditions, no part of the transformer shall exceed the heating limits specified in the IEEE standards. Each current transformer shall be capable of carrying continuously, its rated primary amperes, under ` conditions of accidental open secondary circuit, without damage to the primary insulation. C. INSTRUMENT POTENTIAL TRANSFORMERS r Cach potential transformer shall be substantial and well built. Insulation shall be equal to the necessary to meet the requirements of the IEEE standards. D. INDICATING INSTRUMENTS In general, all indicating instruments shall be rectangular type arranged for semi-flush mounting. They shall preferably be provided with 2400 anti-parallax scales and nonglare glass „ y s'y faces. Scales shall be white with black markings.; Moving. } , e lbeemen ments shall be provided with zero adjustment. Accuracy shall ' E. CONTROL SWITCHES, PUSH8UTTDNS, AND INDICATING LAMPS' Control switches shall be of the rotary type and have positive [ l means of maintaining contact. The contacts shall be silver=to-' ,r. silver and shall be rovided with easily removable protective p 'Vf aps shall be of the l gy: covers. Indicating m for luseon the 120 volts A.t energy. series resistors ype iritA - .C: Contrdl swltchps; y l pushbuttons, and indicating lampsshatl be of the hei, I&tyI r oiltight type. Indicator ladps shall be easily "Oovablb'frob : ' the front of the panel. 7 INSTRUMENT ITCHES AND TRANSFER SNITCHES All instrument ,switches and transfer switches shall be of the" { rotary type and have distinctive handles.-'.Positive iieahs'of "1 ] t e1 maintaining contact shall be provided., The`contacts,shall be'f" silver-to-silver and shall be provided with easily removable ,ff covers, ~ i . G. TIMING RELAY Timing relays where indicated shall have the capability to be hand set by an external dial. Terminals shall be front mounted 16182-5 t, w - - r i ~ F.o.v.. and readily accessible. Ranges shall be as shown on the P)ans. ? The timing relays shall have both normally open ;nd normally closed contacts. Timing relays shall be Agastat 7000 series time delay relays, or equal. Relays shall operate on the control voltage of the starter it is used in. i N. ELAPSED TIME METER Where shown on the control schematics, each starter shall be s provided with an elapsed time meter. The meter shall be General Electric Type KT11, llestinghouse, or approved equal. The meter shall be of a non-reset type, for totalizing of hours and shall operate at 120 or 240 VAC, 60 hertz. t. NAME PLATES Units of equipment, switches, and other pertinent devices on the ~ r front of units shall be provided with Micerta nameplates bearing the appropriate designations. J. EQUIPMENT ACCESSORIES -z{ Equipment accessories shall be furnished as follows: f £ 2 - spare fuse of each type and site 2 - spare lamps of each type and size ;i 1 - set test cables ' k I - set special wrenches for primary disconnecting'devices t t 2.02 FABPICATIOM The eig ,I t , Aftern fattoryll be fabri~ d of sheet steel and completely iklosed. assemb y, too of all units shall be the sane ~~s= Yvsz S K.r~ tom' s : instrraaentinstruments, or. Equipment; including ,instru~ent tranifo'rmtrht switches, controls, etc,. shall )e furnished, for Bich unit as required and specified. Instrueeets, switeAe3, etc.; shall be mounted on the front face of the inner doorr' The buses, contactor, and instrument transformer shall be 66imted in separate grounded metal compartments. The buses shall be rigidly ` supported by insulating material of high mechanical and dielectric tY strength. The contact surface of all bolted joints shall be silver ) plated. Each line-up shall be equipped with a ground bus, consisting I I N of one 2-inch by 1/4-inch copper bar, which will be connected to they r station ground. All control circuit relays, terminal blocks, etc., shall be mounted on a hinges metal plate in the upper half of the motor controller f c4binet. The plate shall be recessed not deeper than necessary to ~ permit closing of the upper door on the control devices. All A A S t t 1 777- Tf t l 4 , 16182-6 ,r s'► k YI'I p I 4 ago,* i w' { i owl r1 , ' terminal blocks including those outgoing shall be installed in the control compartment. All wires leaving the units shall terminate'aV:` 10 identified terminal strips in,the control compartment. 2.03 FINISH =i All metal structures, after fabrication, shall be thoroughly cleaned,, bonderized as a unit and then given a.primery coat, a coat of rust preventative and a finishing coat of quick-drying lacquer. Unless f otherwise specified, the color of the panels and the exteriors of E ~ry structures shall be gray ASA-61. Instruments, relays, and meters shall have dull black standard finish. 2.04 FACTORY TESTS AND ASSEMBLY Equipment shall be completely assembled, wired, adjusted, and tested at the factory. After complete assembly, each unit shall be tested Sp':? for operating sequence to assuro accuracy of wiring, correctness of control scheme, and functioning of the equipment. Factory.tests shall include electrical tests as described by American National Standards Institute Standard No. C37.20. l t .a 2.05 SMALL WIRING All necessary small wiring, potential busses, and terminal blocks within each unit shall be furnished installed. Provisions shall be made for purchasers control contact to the units. All secondary and control wiring within the high tension compartment shall be completely shielded in a protective metal covering. ; i~ l 2.06 POWER ENTRY The unit shall be arranged for bottom entry. i' y 3.00 INSTALLATION 3.01 GENERAL The equipment shall be assembled and installed in accordance,with instructions and directions furnished by the manufacturer; and as y; w` r detailed on the Plans. Manufacturer's representative shall be =7; 5 ' available to advise the Contractor in this work. 3.02 TESTS AND OPERATION 14 The manufacturer's representative shall be available to assist the Contractor in checking the operation of the Motor Control Equipment. f ~i Tests shall be conducted to assure proper operation of all circuits. The manufacturer's representative shall assist in correcting any deficiencies . I i ,r N L t ~ ! l .FTC ~~~,7 16182-7 J , of 111 w ♦ 3.03 PAWING - ~ The manufacturer shall furnish sufficient touch=up paint of the'saise' j ' type and color used at the factory to repair dasages incurred in installation. END Of SECTION \CIr 17, 1 M1 1 ! . J ~ tl t ' I I J l f ~ 1 ~l I~ _ :1q 7 ' 'o I I~}{`[ ray' ~ • . ♦ i i ' 1. ♦ 1'1 rfi~ 4: ;13 7~\'nl '2 lira \>t 1~ r- a $ ~ I ! ~ ' aI ~1 7'? 3 ty Ir ,r y~ a. ? ZX XJ f t. _ t A ~ ~ I~ $$Q I I l Rh~C 1A art 1 .~r y;j Fr71 I 3s T♦ ~ ~ r: ~ k IFY A\{L;i` ,h#;R S 1.'. t , ,\r, 1 YJ 1 I tYe, X { rtes > ~ 1 f 1 1 i " ;i NNW] ` I a ' E 1~ , APPENDIX - A E CONFORMED COPY OF PURCHASE AGREEMENT I FOR FU" iNISHINQ ri RAW WATER PUMPING UNIT' NO, 3,4 1 Y.. 1 it t' 7 71 Y, ~Y 1r.4.'I / ' CITY OF DENTON, TEXAS ,A SPECIFICATIONS' h` ANb CONTRACT DOCUMENTS ' -t r E r, 1 "4" .a FOR >,x PREPURCHASE ~r a l 1 1 Cpl, OF t, 18 ,l r M D O to 3 A~ RA WATER . PUMP N . BID NO. 9922 "-ILA I J NOVEMBER 1988 130 1 j ffr `f ! 1 I • W ~ j Y FREESE AND NICHOLS, INC. i,1"1r li~ era , :a t CONSULTING ENGINEERS I p' =e i ilk DTN87107 E: 4, IJ4 r . 7; p 1 l1 r r..l _ ~,ya•.oy.fyrne,yww.r~.arr.Nrsman~wa+~+.~uaw.wrw+w.rr~ru.w~w+,.,w~..~'~'..~.~.~~_ 2 r 1 11y~2 f ll`4f4 ~ ~ 1 . t:~f. - x , TABLE OF CONTEYTS , r PAGE 0,1 BIDDING REQUIREMENTS INVITATION FOR BIDS B-1 INSTRUCTIONS TO BIDDERS IB-1 YF PROPOSAL P-1 i DATA SHEET P-4 t'. CONIAACT AGrF"- ENT CA-1 SPECIAL CONDITIONS SC-1 General SC-1F SC-2 Definition of Terms SC-1 SC-3 Interpretation of Phrases SC-1 SC-1 Addenda SC-2 r SS-~ Form of Proposal SC -2 SC-(j Qualific,cian of Bidders SC-2 A SC-7 Refection of Bids SC-3 SC-8 Notice of Award SC-3 f A~ SC-9 Review and Approval of Proposals SC-3 l SC-10 Shop and Installation Drawings SC-4 { SC-11 Delivery and Liquidated Damages SC-5 SC-12 Manufacturer's Services SC.S, SC-13 Manufacturing Standards SC-6 r SC-14 Patented Devices ,'e t` ; i SC-15 Equipment Yarrenty~ r•' n4 y~~ r°. SC-16 Acceptance- k7 z ' SC-17 Assignment of Purchase Order SC-7 SC-18 P""t SC-T,' SC-20 GOperation -19 SC-21 Guaranteed to e and ieence Manuals SC=B arantee ed Efficiencies s 5~,, s Vendor for Late Delivery SC.9 TECHNICAL SPECIFICATIONS h ~~C1ti )j, SECTION 1 VERTICAL TURBINE PUMPING UNIT as 1.00 GENERAL REQUIREMENTS 11421-1 1.01 Scope 11421-1 f~1.02 Submittals 11421-1 1 3 • 1.03 Factory Inspection and Tests 11421-2 1.C4 Assembly 11421-3, :j~. r, 1.05 Marking 11421-3 t~ ti-,•~ f F 'tea; 1.06 Pump Performance Requirements 11421-3 '}1 1.07 Pang Setting Requirements 11421-4 n' rr nr^ „ r, r' et ~ ,r 7' 7 7- 17 4 1.7 1 : L r 1 x411 1. ~ - i :1~ 1Table of Contents (Continued) PAGE .j 2.00 PRODUCTS 11421-4 Ss'. 2.01 Puna 11421-4 2.01(L) Painting 11421-1 ff lY. 2.01(M) Weight Limitation 11421-8 i' 2.02 Motor 11421-9 2.03 Pump efficiencies 11421-10 4 F 3.00 INSTALLATION AND ACCEPTANCE 11421-11 `l zy f ` t 3.01 General 11421-11 3.02 Manufacturer's Representative 11421''-11 'Y;. ryr 4 Y f` 3.03 Acceptance Test 11421-11 ATTACHMENTS 't? PROJECT LOCATION PLATE 1 ~i SYSTEM CURVES PLATE 2 ,t t " PLATE 3 HEAD CAPACITY CURVE PUMP SETTING DETAILS 'PLATE 4 rF' ,F yr 't LEI, '3 ~aA l 1 A ' tl }j - _ 1 + e v r} tti ~ < yl ♦ _ aG, ; 131, 11 ` ! 'i 1 r ( -.ii~ - - ; - - 1. is t •_i r. y i Rr tit i 'ifi 3 ! 4 Y' ~a r J ! - 1 t?rY y5 - 4 ,~d ~~t''1 1 AJ ~ .f'. t{1[ I fr , 1> 1 r ti cam/ A K '.S~y 1 i { : LN ~~X~i a l i i I grl 1 S r rti cl, nK A 1 1 i ,L t ~ c 1 h r~ j t 1 }~,i -r? 1 Lr i F1 r 1 1 i+5 .t% i, 1 J( A .~I Y 1 1 lV rl r1 i i f i l ♦ I Y 7 ' 4 4 } { aax,e r NOTICE TO BIDDERS Sealed bids addressed to the City of Denton, Texas, will be received at the 4 = office of the Purch,lsing Agent, City of Denton, 901-8 Texas Street, Denton r ~ Texas, until 2:00 P.IL December 15, 1988 , for furnishing they ` following items. 'l. 810 #9922 OWE VERTICAL TURBINE PUMP Alf" MOTOR At the above time and place, the bids will be publicly opened and read, bids received later than the specified time and date will be returnee to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible'. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within 60 days from and after the date of the bid opening. Each bid must be accompanied by a cashier's check, certified check or s acceptable bidder's bond payable without recourse to the City of Denton Texas, in an amount not less than five (5f) percent of the bid submitted as F a guarantee that the bidder will enter into a contract within fifteen (15) 14 days after the notifications of the award of the contract to him. ,a - Copies of the plans, specifications, and Contract Documents are on file and may be examined without charge in the office of the Purchasing. Agent or the Utilities Department, 901-A Texas Street Denton, Texas. Copies of plans, r specifications and Contract Documents may be procured from Freese and Nichols, Inca, Consulting Engineers, 811 Lamar Street, Fort Worth, Texas, with non-refundable $15.00 deposit. s In case of ambiguity or lack of clearness in stating proposal prices, the City of Denton, Texas, reserves the right to adopt the most advantageous construction thereof. Th! City of Denton, Texas, reserves the right to reject any and all bids and to waive defects in bids. "ql Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton projects. CITY OF OENTON, TEXAS 76201 John J. Marshall, C.P.M. Purchasing Agent t (817) 556-8311 This advertisement to run November 18 and November 25, 1988 I l ! y J I ~,'r is i i INSTRUCTIONS TO BIDDERS Ol - PREPARATION OF 810 Bidders shall ase the proposal forms included in the documents. -j Proposal forms are to be left attached to documents in same manner as received as Bidders. Supplemental data to be furnished, as shown in the Specifications, shall be included in same sealed envelope with Proposal. 02 - DELIVERY OF PROPOSAL z' It shall be the bidder's responsibility for the delivery of his proposal at the proper place by the time stated in the Notice to V~ Bidders. The mere fact that a proposal was dispatched will not be considered. Each proposal shall be in a sealed envelope plainly marked with the word PROPOSAL' and the name of description of Um j project. Proposal shall be delivered to the Purchasing Department, ` City of Denton, 901-B Texas St., Denton, Texas 76201 03 - UGLIFICATION OF BIDDERS sy Pre-qualification of Bidders is not required; however, at the request of the Owner, after receipt of bids, each Bidder requested to do so shall furnish complete information pertaining to his facilities and experience and such other references and evidence deemed necessary to € show the Bidders ability to perform satisfactorily the work on which t.?! r he has bid. f No materials or equipment shall be offered from any manufacturer who ? ,t has not been regularly engaged in the production of materials or equipment of the size and character herein specified for a period of five years or more . r( S id K Y % • 'a } 04 - INTERPRETATION AND ADDENDA' If any person contemplating submitting a bid for the proposed work is Fn doubt as to the meaning of any part of the Specifications or Bid r. may submit to the Engineer a written request for an interpretation thereof prior to 72 hours of the time for receiving ` bids. The person submitting the request will be responsible for its promptly delivery. M documents will be made only by Addendum dulydIssued iand a copy eof such Addendum will be mailed or delivered ',o each person receiving a set of such documents. The Owner will not be responsible for any other; explanations or interpretations. Such Addenda wilt become a part of the Specifications. _ OS - ALTERNATE BIDS AND OPTIONAL MATERIALS AND EQUIPMENT The bidder may submit a Proposal for Alternate Materials or E nt qui ` ~Y in addition to his Base Bid, for the Owner's consideration, if hem 44 , y a • 18-1 t~' z { rs F[y f2 .gym......-. ~ ' J. '0 1 l 1.,. Mal 5 y ` feels the Alternate 'MY have certain advantages to the Owner in its t { intended use. Materials or equipment differing from that specified may be submitted, provided the Bidder clearly states such differences, t,. ' and provided all essential requirements of the specifications are strictly adhered to. If the materials or equipment offered under this provisfon is in the opfnfo-i of the Engineer or the Owner, equal to or x better than that specified, or satisfies the requirements of thQ proJect, it will at the Engineer's option, be given consideration. kl*re a statement of such departure is not made, it will be understood r that equipment or materials in strict accordance with specifications is being offered, 06 AWARD OF CONTRACT The Owner will evaluate the bids and award Contract based decision for east valuable award. By separate Contract, tWe Owner j will provide for installation of the equipment fn existing pup station. The Contractor (Vendor) for furnishing the equipment described herein shall fully cooperate with the Owner and installation ► , Contractor so as to provide first class equipment and Installation, entirely suited for the conditions in accordance with the Contract ti aw Documents. The contract will be awarded by the Owner issuing a purchase order to { the successful bidder. ;j The Owner presently f~ plans to award a puaq installation Contract which - will include installation of the equipment included herein, to Begin ? in about four months after pump bids have been received on the pump and motor 'Prepurchase% qA 07 BID ON ALL ITEMS Bidders shall submit a, bid on each item in the Proposal.. The Owner }y ♦ reserves the right to evaluate all items of the Proposal for purchase. 08- PIMP STATION SITE rP'j+ Bidders are expected to be familiar with the pump station installation s and to have a thorough knowledge of all conditions under which '±he We u equipment will be installed and operated. The location of the pulp station site is shown on Plate 1 bound in the back of this book. 1 09 - SCOPE This Contract includes furnishing and delivering the pump and motor to be installed by others. This Contractor shall perform testing and checking for proper installation as described. i. 14 END OF INSTRUCTIONS TO BIDDERS 1tt'l' ,5 L~' } IB-2 Sri 1 ~ w ' f ,k r t 1'. A r . i •.iiY. a, f }r • i _ lid ' CITY OF DENTON it PURCHASINQ DEPARTMENT DATES oec : 11, Ta88 810 NUMBEib _9922 BID TnlZs One Vertical Turbine P a t& Motor 1 Sealed Bid Proposals will be received until 2:00 p.m. DecetMber 15. .1988 at the Office of the Purchasing Agent 901-8 Texas Street, enton, ]exas 76201-4229.- BIDDER NAME: John J. Flarshallr C.P.M. ADDRESSi Purchasing Agent' (817) 566-8311 zlz; i~ alai INSTRt1CMN3 TO 8100M } 1. seaw bW proposals must be teesived in dueftwo. on we tone, prig to operNeq data and tons be be Considered we d peopade wW be refto unopened = 'I 2. Bids shall be plainly mactod as to the bid number. name of the bid. And bd opening date on the outside of coinpkateh sealed envelope. and mailed ordelivered to the Purchasing Oepartment. City of 0ontan. 901 - B Teuaa St, Denton, TX 3 78201. `t I ,.r 1 AM sub hit b wUC~ ft" aDedfleatlOfli nM{al to 1dMltiMd WV he" kilt deear% a Us aw mowwtn a&"& of if Wo not be coneldered AM me ot" am to bs OtroM " Oeroat, Tew dWvered b nd Moor a tld rerakiotrse a a otherwise rateueo. { TM C by of 00"On. Teas teMrvn dd right b socW uparsM Need in a bid unlw We rlpht is deeWO by Md bldd r. l k racea d~ afterbin aeeen 0 0 a the City of 0011104 raw may at ft opda hold ltd aoeptie Dr00tir oleenNato Built br any attQ ON rMUknnt intxwW 0=0 ae a penally f« an" default 4r " lip 1 l 3y7 ± 1+ 7. The aty a Oriteri reserves the Via to repel any and AN bids. to wsMs e0 Info *1tles and rwMYt a> .t in Wait la a shah 1001 dry peAod After ud is noube adt wbnWhd file opafMllQ or node( vio cli er owm fleet. , The elwntro" shown maybe approximate and could vary according to the teauirements of the City of Oenton throughout the contract perrod• r i 4 This puns Are 10 be prlad ON* net roamo or ehipo . "Wswes WW be caeiatdanda 10 The Purehn4q O"utn" ssMrnn na"Weib" IN ad carktnne end cWty at t1W bid and d hlam"on andfor 1 r questloris pert &%V to this bid shell be deeded to the City of Ow Pachaalng Agent. it. Any attempt to negotiate of gfw We"netkon on the eontems of this bid with the Oty of Denton or its rowseentamse ptlr to awed a" Be tia+iide for depuaMficatlons 12. The eondtlone and lend of thl bled will be could end when ewkwtkng for award. > y ' 17. The Oty of Oentart to e9wript fran AM sakes and axche tun. Wtide 2Q6t-8h ! „~p2 Jain 1 l I i k f, 1 } FF CITY of DENTOH, TEXAS PURCHASING DI VISION / 901-8 TEXAS STREET ! DfNrON, TEXAS 76201 , a•TSrdr/- S~ • I f 4-1 k~),+k '/G /off : P° v t l WTIFICATIOH OF AWARD ' r. The City of Denton has awarded y$r`J ,tom 9 9 2 2 r r`" ')j .4 v A to the most responsible evaluated proposal received. 14 ,k r Awarded to: r4P.V~/ G'~'Js>~c~71~1i oq,sy~ Y ~ , 5 t~ it T - - y f a , vi i't b- x v , t., A contract oust now be accepted and' agreed to by both k\;? parties. A•Purchase Order will then be issued confirming. the above said contract. she Purchase Order will also ; be notification to proceed with specified wor,: or projecti. and to encumber the funds and sake payments as scheduled. r Please use this Purchase Order numbor on all payment 6 invoices or vouchFre. A John J. Marshall, C.P.M.. Purchasing Agent i ~ r FIB,: (l {y„r . 1i ~ " k 's i t ar , Y =s r r" /Y br. 'r I.1- e 11 1 -1 Bid No. 9922 FOR FURNISHING PROPOSAL DATE: Decwber 14. I m PROPOSAL OF: Stith pop rnmpAnA, inj:_ j TO: John J. Marshall, C.P.K. ' l P•.+rchasing Agent Denton, Texas PROPOSAL FOR FURNISHING: 1 - Vertical Turbine Pumping Unit (Pump and Motor) The undersigned bidders, pursuant to the foregoing Notice to Bidders, has carefully examined this Proposal, the Special Conditions of Agreement, the technical Specifications, and Drawings and will furnish and deliver equip- went on which he bids. in complete accordance with. these %4tuments, and binds himself upon acceptance of his Proposal, to execute'&'Contract to be issued by the Owner, for the following prices to wit: Item Total No. Description and Unit Price Amount ; 3 - *I. Furnishing one (1) Vertical Turbine Pumping ~ Unit, with a, rated capacity of 5,500 GPM at s AN - 345 feet total heed, artd a guae>tteed overall wire-to-water, field efficievicy of 83 % at 345 feet head, for the total price o : _ Hundred Fiva Thousand Eight Hunelead Eight and do/100 Dollars am 1:00 20 For additional optional cost for witnessing the pump test by a representative of the Owner, the total amount of., One Thousand five Hundred T my an ` NO/100 Dollars $ A 1;70 nn * Based on standard efficiency motor { P-1 Y • a• 1 P r^:~.• BId No. 99" 3. For the additions' cost of a preriur efficiency rotor (over and above the rotor cost included in i = c!►e above). The additional arouet of: 3 Two Tw Hundre' sixt fiah "and _ .Thousand Dollars I Ko l00 It the prerium efficiency ro or i sts lected to be a part of the purpng aranteed wire-to-",ter field efficiency 83,E at the rated point. BID, FOR ITEK 1 PLUS ITEM 3 TOTAL TOTAL BIOS ITEM 16 PLUS ITEM 21 PLUS ITEM 3 bidder agrees to start work as soon as p!ssSble after The undersigned t to deliver all notification of an award end is'ediatelY enterionst sl ecutir°+c+leM&r days ippent covered herein within the nu*er of o after notification of the award. It is dewMl dellreery dat te es shows nt an early date; therefore consideration will be q1 which will benefit the Owner and iASttllatioA Contrrcfor. Delivery Tivi! Ctlendar s - Dascr Once I vertical Turbine Puapin9 Unit 2 Additional times if any. for witness test of pure ; Is a cashier's check. certified chWAV or EN:losed with this Proposal. n pnposal Bond in the arout of S as Proposal security to be collected tnd stained by the Owner as liQeidated damages in the event Contracts ter i!itii bids. °a Owner based on this proposal Within slaty (60) day and the undersigned fats to execute the Contract within t. OtAeSys M "I the 1 . titer being notified and receiving the conforred documents - said bid security will be returned to the undersigned up0 following the award. P.Z e J ' 1 I I 1~ jI owl ' Bid NO. 9922 ' 1 The undersigned acknowledges receipt of the following Addenda. Respawly suMittedo .:r Ski OLPIWa, rbkwhy~ the-, Thomas 6. Swith,'P.E. ' e W.A 1'nAuaFlal f Phone: 817/776=0377 Fax: 817/776-0023 .1 r ♦ r f a ...1. i { . r ; iL 1 1 S r. 1 ;1 1 S r i 1 r - Bid No. 9922 2 DATA SHEET AND SUBMITTAL INFORMATION S"It the following data and information with Proposal for each site unit: PWPDaU (1) Make and Type Letter of Pump Byron Jackson. 29 RXL (2) Speed - RPM 1180 (3) Diameter of Impellers A Material 14-1 gR1 (4) Maximum Diawter Impellers•for Bowls 15-9116" E (6) Size of Bowls 25=3/ ""D.D. (6) Number of Bowls 1) Impeller Shaft Diameter 6 Material 2-11116" 416 S.S. 8) Line Shaft Diameter 4 Material 2-11/16" 416 S.S. (9) Column Diameter and Wall Thickness 14" O.Q. z 0.315" J (12) Maximum Horsepower Reg. for Pump a Including Thrust Bearing Lads 560.54 motor Data Std. Eff. Pre*., Eff. (1) Make and Type Letter of Motor SEH-HU-USER-HU j Q - (2) Brake Horsepower of Motor at 10 Rise by Embedded Detector 600 600 i (3); Locked Rotor KVA Coda F Code f ~ 141 Motor Efficiency at Full Lad 5 Motor Efficiency at 3/4 Lad 94.6 95.0 6) Overall Efficiency of Pumping Unit it Premium Efficiency Motor Is Selected Ra-aY 83.811 (y) Power factor at Fa11 Load a5:5Y SS:Ult 83.0![ ti (8) Power factor at 3/4 Lad 84.0% (9) Method of Irsulating and Impregnating Motor Coils (10).' Recommended Time Between Starts 2 .a~ld-1 Hgt 2 Cold-1 Hot Per Hour Per Four . Yam is 10.878/ !1 Weight of Pump ••m a 21 Yeight of Motor 3.700# (3) Weight of Motor Stand t.275a w/ Sole Plate (4), Height of Complete Unit max. s$9 } (S) Thrust on Foundation, Op or Dorn t{e ! y { P-4 r, s 71 r , : r ~w:a 1 '.i j'. . i !i CONTRACT AGREEMENT F r zr~ ~ 4 n ~i { 1 5 `1 r 1, y 3 i • 1 -wpm V j( T • f' 1 CONTRACT ACREt}lENT STATE OF TECAS ) COUNTY OF Denton y TRIS AGREEMENT, made and entered into this 74k day of fphr,~~ _ A.D., 19_0 by and between the City of Denton i of the County of Denton and State of Tens, acting through its MX Manager thereunto duly autborice.i to to do, Party of the First Part, hereinafter termed the OUM, and f Smith Pumn C=anv Tnc 1 I I of the City of Tim o , County of _Me nnnan I and state of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. e itiTttESSE'!ps That for and in consideration of the payments and s agreements hereinafter mentioned, to be made and performed by the Peaty of the First part (CUM), and under the conditions expressed in the bonds bearing j -1} oven data herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the first Part (OWM) to commence and complete F the construction of certain improvements described as follows3 K - Prepurchase of 8 NGO Raw Water Pump No, 3A Rid Noy 9972 - }f and all ems vatic in connection therewith, under the tsrma as stated to the General Conditions of the agrementi 'and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendenca, 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, mad in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to r bidders (Advertisement for Bids), Instructions to Bidders all attached hereto, and in accordance with the plane, which includes all ups, plats, blueprints, and other drawings and printed or F CA-1 0044b i <y r M. written explanatory matter thereof, and the Specifications therefore, as • prepared by s i Freese and Nichols Inc. Consultin En ineers Fort Worth Texas , all of which are made a part bereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to cemmenea vork and complete such extensions of ti" as are Apr vithe ded t by the stated General and Special Conditions, The OLNER agrees to pay the CONTRACTOR in current funds the price or which forms a part of this contract, such Proposal, , prices shown in the payments to be subject to the General and Special Conditions of the Contract. i IN WITNESS test , the parties of these presents bays executed this agreement in the year and day first above written. ATTESTI y Mg Qf Party o t rat art, a Lloyd Harrel OIL Manager = (SUL) ATTESTS } Smith RUM Cwoany Inc, 1 c Party Of the WOW Fart, cvnnuwzva Thomas G. Smith, P.E. Chairman of the Soard (SUL) APPROM AS TO POMI P t r, ity Attorney -1 i+ CA-2 J)i: 0044b 1 1 II FF r`V >f SMITH o PUMP COMPANY Inc. 3otM&elnduskV Woco,Uxas76712 (S17)77a-= } FAX (617)7760022 December 13, 1988 City of Denton, Texas Purchasing Agent 901-B Texas Street Denton, Texas 76201 f Refs Bid t 9903 j One Vertical Turbine Pump b Motor 8 MGD Raw Water Pump No. 3A Bids: 12/15/88 2:00 PM Engr: Freese 6 Nichols, Inc. ~i Q 5500 GPM N = 1200 RPM H a 345' TDH P = 600 3P Max. H = 360' TDH S = 2300V/3PH/60CY = 61 ' Min. Pump Eff. H - 1551 @DDesign/= 8835#- 2-1/2" 5 1 - MIN 28RXL0 4-Stage Byron Jackson vertical turbine bowl assembly w/cast iron bowls, bronze semi-open impeller, bronze impeller/bronze bowl liner, S.S. shaft, S.S. bolting, f bronze bearings 1 - Stainless steel basket strainer 71 1 - item of 14" x 2-11/16" x 4" oil lube .375 wall flanged column . pipe, S.S. shafting, 6 sch. 80 inner column the total length required to make B/B G 631- 2-1/2" using max. 5' long sections, ; and with S.S. bolting r 1 - 14 x 24-1/2 Type "U" discharge head and motor stand w/240V/1PH 4 qt. solenoid operated oiler w/manual bypass for pre-lube, guard screens I i - fabricated steel soleplate, 1-1/2" Thk. x 42" sq. w/four (4) 1-1/8" holes on 38" centers 6 four (4) threaded holes E for attaching pump baseplate. 1 - 600HP/3PH/2300V/1200 RPM vertical hollow shaft motor, standard efficiency, 1.15 S.F., non-reverse ratchet, Nema Code Letter L "F", Class F VPI insulation, 70 degrees C temperature rise by detector @ full load, bearing temperature monitors, 240V/1PH space heaters, winding RTD's, WP-1 enclosure i i - Item of power factor correction capacitors to correct to 90% { MW ltotdw D,i" HI"st, T.xo.76M (817)267-9V6 FAX(117)354-6M t no McNNt Rood - Suits 204 Austin, Twos 71721 (512)2U440 fAx(S1:)251.2108 .l: • 4 1 • t•5 .1. 1 I 'm*F • ~ 1 M ~ i r Page 2 i I - Item of painting as follows: A) Exterior surfaces of soleplate motor/baseplate, 6 motor shall receive: 1) One (1) primer coat of TNemec Series 20-1211 (4 mils) 2) One (1) coat of TNemec Series 20-2000 (5 mils) 3) One (1) coat of TNemec Series 71 Beige (1.5 mils) B) Interior/Exterior surfaces of column pipe & suction bell, exterior surfaces of bowls n inner column shall ; receive: 1) One (1) primer coat TNemec Series 20-1211 (4 mils) 2) one (1) coat Ttiemec Series 20-2000 (5 mils) 3) One (1) coat TNemec Series 20-Beige (1.5 mils) C) Interior surfaces of bowls shall receive one (1) coat of Epoxy (10 mils) 1 - Item of non-witness factory pump performance test 1 - Item delivery to Jobsite i 1 - Item of supervise installation 1 - Item start-up service & acceptance test 1 - Item of warranty on equipment to be free of defects in materials and workmanship for twelve (12) months following final acceptance to include replacement of defective parts, shipping, labor, s installation. LOT NET F.O.B. JOBSITEt $ /OS~St»3,C~ 't Wire to Water Efficiency with standard efficiency motor r Adders: 1) Adder for witness pump performance test. ADD $ /s2n,~to above price. 2) Adder for Premium efficiency motor. ADD $ 22t S3,CL'~ to above price. f . Wire to Water Efficiency with Premium Efficiency motor Ag: R ~ : a:l Delivery, 1) Vertical Turbine Pumping Unit w/non-witness test. Delivery -11.5 days after award of contract. 2) Additional time for witness test of pump. ' Add 14 days to above delivery. i j. 1 s r. 'i i I I . c 3 Page 3 Notes Anchor bolts, all discharge,plumbing from 14' P.E. pump discharge connection, concrete structure, grouting, grating, all controls, b installation will be supplied by others. Very truly yours, SMIT PUMP COMPANY INC. Thomas G. Smith, P.E. Chairman of the Board t TGS/sc f File: Denton.qu r A A, r r I 1I , f r,' r • . r, r 11` i 1 , DI M 340-20 OICTZD(M GRAPH PAPER 20 % 2n KR I"CH u ! i I r i{ t i i { i4 I lit, II , Iif• , ~ }r fat I 1 4 V I Elf. 6July $I Byron Jackson Pump Division BGRG WBORG-WARN ER CORPORATION 2-152 2.152.2 J FRESNO VERTICAL CIRCULATING PUMPS l Type RX Bowl Data ~e TPiCA L F S 1. Y m 111 ea _ lil _ R ' Lo. 111 If _ u 1 X-~ Sit STAGE IMPELLER 41 ~1te1 leq 11t1 Le I ire; th sut II w Ol. t ISO AD 1 1 7 t Isis aiiFe let Thfill too rsVAN AIdIx I cloud t fey J' ' eVh s"~ t fee.ftl lri►s~ feel ! ~ to Y 12 IS/. IJ ld - _ ~ Ifs 1 t3! 13. trio Eiji 44 l L 4 s, 36 210 7 11 yr 20 Y I35a 111, 1i }l _ _ r• 6„ 3,e ! t2?; 17 566 II0 1 1S;S Z? 1! 26 d 1!i IO 2) 20 1 1 17 SS, 155 600 1 I ,I I y ti ?t L I/ 25 1. I 1 120 Sf X 71 - - !!i 2 32 27 1350 a90 t I~ h y !!Si 30?i 7S M 190 /9 . - - II t I/ K tl!i 1000 1000 A 1! 310 t I t! It "n 75!i 30 40 - 13 2!i 17 U n 3256 2300 / /l a 11 1 71 M 2S!i k!i u!i 17 1 I 10 t7 - - 14 - II /i!i 311i 7010 2500 / l 1 I7 500 It L R 2191 41 35 41 - - IS 20 50 31 td00 N50 I1,6 1, aU j L - s. 41 M 1154 49! 40 St - _ II - 21 S♦ 42 q 1t 19` 6r6 4"70 1 77 191 i rt SI M 75;; S7!A 15 60 - - 11!; - 25 631 ; /d 9300 6900 1 1 l 1 !7 M 7794 . S6!i 51 d6 - - 1994 - ti 70?i SI 10.150 I!!.0 la !>SO 7550 1150 ! f iL 61 12 67;i K 7? 10 II 21 - 21 1/ S1 1 111. a IIa50 9510 t 7 IIJO , f 1. 6s t 61 t7 • 69 19!; d'f 12 14 71 - 30 do?: 62 13 500 11.000 40 I O l p 70 71 •I. 102 1 2120 f } • 72 M I>y 71f4 SI 14 11 7! 12 54 1!,100 !2 ~p I oa.0 2 l ll 6 F E ,'.i I, t0 y sty N ; 69 sti 10 n!i 3S!: - 3$ 9s+: 7I 20,300 16,000 ' L I 19! 1 S 7000 J it ~ sly, 61 y; 17 9d - - 30!i - 30 107!; J)!1 15,050 i:,100 ' I ~ '3 L iii 1600 1100 f !t M [5 ?s 9"3 69 IDd 11;; 29!i 10?4 - 11 109x' ~ 1 . t p { . dI. a 31.600 15,600 Ill 12fi 1139( 11 176 11 37 215. 1fi 0 5600 i 52 - !2 176 41 0 0 L 7500 ' I 1D5 $"N 13000 4 1!2 1101Ef: p, 1eAtn y, f's cat" is riot oboe, uedate . I. / I (ayat I4ts sAVwn are sf.Mud. aeduced ar e,ra,dk 6eu dam ees un N Iwo; we Is pe, 7 we sAOea Ire fa slj &d cut ir + b f►~! ec.fK ` AroNI Idled low wpm Hstmhl7 Ieetl~!!e NgM.w adplKerbar, " • A71' a + are la suy4111 It toll $ametn +~ronees 'gee,- r d re to 'trt • brs~eesl inarysn Ito er%I 1:10i Wretlar `dr7• "ru W oso/ .All udr nt d ae,i . la 1 e Zsl to used. t,nlrt tee Ittler* for Ilue inbrnafe,~. ; I , ttweI Ixlorf IN" nt Lewd oa ta0 tetanced rt:t ns. : . k i Ilk i i Section 2-240 P28e 2-240-: Byron Jackson Pump Division g W ` BORG-WARNER CORPORATION AFWERe Effuti,*owc,77 r SuPp, May 1973 VERTICAL TURBINE PUMPS Oil Lubricated Discharge Column , T PIUL ITEM 404 NO. NAME OF PARTS 76 TOP CASE 427 i 167 PUMP SHAFT 419 212 BY PASS SEAL { 's 'S'•0" Is 380 403 RUBBER SPIDER -PLAIN STANDARD 414 384 COUPLING - OUTER COLUMN 393 BEARING - t UPPER COLUMN i 393 394 BEARING - LOWER COLUMN 396 COLUMN BEARING - 380 PLAIN 397 BEARING -TOP CASE } 3 396 400 COLUMN SHAFT - BOTTOM - 401 415 COLUMN SHAFT-COUPLING 418 403 COLUMN SHAFT-TOP .i 403 51 O+I 404 HEAD SHAFT i I,Xs 401 '~S£REWE-0 414 INNER COLUMN UPPER ,As 9R FLANGED TYPE } ' 415 INNER COLUMN f -I N7E 420 RM.' 1 „y r t 400 j. OM 418 INNER COLUMN ,BMLANGEO 418 OUTR E COLUMN - F : - j 394 k 419 OUTER COLUMN ` i -UPPER s;. i 384, ' 420 OUTER COLUMN - INTERM, { ~.i 422 OUTER COLUMN Illlll BOTTOM 422 { a; 427 SHAFT COUPLING -HEAD END 428 SHAFT COUPLING 416 PUMP END NOTE: ; i ' 428 G1q'For special setting lengths the top section of ` i column may vary from several inches to S'-0• maximum, f 167 SLANGS ED TYPE i* 397 COLUMN COLUMN STANDARD Sf1E (LANCE COUPLING 3 N to Y 1 76 S N.A. r I 212 ~ i , 9 „ un ' 1.1 14 Y nw.. WA_ 1 ilia _ rn, I .r EIIeCtf"OCL83 Syron Jackson Pump Division BORO WARNM0 S"°°"2.152 SORG-WARNER CORPORATION Page 2.1624 . T Oil Lune - Mufti-Stage I 397 74T-5 RIF.NO. DESCRIPTION 79S LOCKSCAEW.SUCTION 8ELL 066 SUCTION BELL 425 104 t3EAMNO-SUCTION BELL 2" SAND CAP 747.2 799.1 LOCKSCREW. SAND CAP 747 -O' RING. CASE 212 176 IMPELLER { 747-1 *207 WEAA RING-CASE BACK 256 SPLIT RING 226 THRUST COLLAR 076 CASE. SERIES q 243 BEARING. CASE 167 SHAFT, BOWL 039 LINER. IMPELLER } i i _,076 676 KEY. IkIP£LLER w 256-1 SPLIT RING. SERIES + 076 CASE, TOP t 2~•1 747-1 'O- RING. TOP CASE r 212 BEARING, BYPASS ti 747.2 'O' RING. BYPASS BEARING f 6T6 425 PORT BODY. BYPASS se 747 747.5 -O" RUNG. PORT BODY ' 397 BEARING. TOP CASE ' 0391. 167 eaagures"forWi-A& dia" .r'bt 243 CERTIFIED CORRECT ~ 076 Customer By Order No. Date 226 ~y 256 `t r~ , ; - > '207 176 R 4' r• 747 i 295.1 t ~ 244 1 I ~ A'L t ' , r^ 066 1 11! Yg l o.i • E' • 795 j w ~ 14 V, I ~ 1 1 j B $ecuon 2-152 " Byron Jackson Pump Division 0OR0 WAME:R Ell~ttira OCL is Pape 2.152.4 (+e►~• BORG-WARNER CORPORATION Oil Lube - Mum-Stage r' 397 , " - .5 REF^ NO. DESCRIPTION 747 I 795 LOCKSCREW.SUCTION BELL 066 SUCTION BELL 425 104 BEARING.?-SUCTION BELL 2t< SAND CAP 747-2 t% 5 LOGKSWCAS . SANO CAP 747 ro' RING. CASE 212 176 IMPELLER •207 WEAR RING-CASE BACK + 747.1 SPLIT AING ' i 22e THRUST COLLAR 076 CASE. SERIES . 245 BEARING. CASE 167 SNAFTI BOWL Ogg LINEIL IMPELLER 076 676 KEY.IMPELLEA SPLIT RING. SERIES } 236-1 • 1 ' pJb CASE. TOP _ 256.1 747.1 ^O' RING. TOP CASE r 252 BEARING. BYPASS ro' RING. BYPASS BEARING t 'f 676 4252 PORT BODY, BYPASS.:.[ 3 4 747 74 7 9 •O• RING. PORT BODY ; f j r i 347 BEARING. TOP CASE = T - i 039 • AMrfdc 44110ta4I" C0 "Powts of o96enal l s 167 eonfIgums" lot 9fte 6" j. k 243 CEIR " 1ED CORRECT. OT! GntomK BY Order No. Oats r-1 -1 226 : i 256 4 i' •201 r 176 I~~ 5 J 747 i 1 y, t 795-1 244 ;i 1 j , 4 104 -1 Ilk 066 795 {p [ ~r„rti 1~', 1~ nplyWllit~-li./11~__.._..______.~..._...,•~_...~~.•........ ' r. 4 ' I 1. 1 r, N r . ~ FF "'d Elf. IS May 1984 section 2-250 +c Byron Jackson Pump Division BORG WAMER j K t Super. May 73 BORG-WARNER CORPORATION Page 2.250-5 VERTICAL TURBINE PUMPS Type UG Discharge Heads UNDERGROUND DISCHARGE BASE 681 /Q 467 1 514 I l ~IT I t 796 y 742 - 684 485 ' 818 744 486 NO • PART NAME 484 1 50 Stuffingoox it 744-1 111 land 378 233, ushing - Stuff ingbox 476 236 age Ring 419 241 Deflector or 252 Nut - Head Shaft ~I 464 j 266 Lock Screw - Head Shaft Nut 404 • 378 Head Flange ! - X464 4 404• Head Shaft i i 406 Motor Shaft - H. S. Motor 407 Motor Shaft Coupling F a19 Top Section Outer lumn i OIL LURE `t 429 fie Plate I Drawing No. 327930 f urns w 464 Underground Discharge Co4 { 466 Reducing ushin 262 266 46 Support Head 678 24 y fi F 476 Flange - Adjusting s { * ension Bearing 46 < 485 Tension Ring , 41 1 ; yw. : { u ;y 486 acking ollower ' tip} 314 Bracket - Oil Reservoir 742 i 60 ` e. r 678 Gib Key Sa° 681 Tank Oiler 236 I 812 a fight Feed 00 valve 1 ; M_* Packing 744 744• Gasket - tuffngbOx 744-1 * asket - Head Flange k.~ 79 Solenoid valve 744-1 fig t 612 rease up •RecommendedlSpare Parts 378 1 X476 f 233 ` 419 or / i t 404 - 464 ~ f M1 ~t ~ v f ' SELF UBE Drawing No. 327924 E ' 1 Fn c• ` VERTICAL DIMENSIONS MOTORS MOTORS FRAMES 5006P THRU 6810PA --TYPE HU (DRIPPROOF) --WEATHER PROTECTED TYPE I ; 600 N 10 " 31oh >,2 3wv11aaa ROin 9 r Pump SHAFT, AOIusna KUTI 5000 LOCKING SCREWS ARE NOT FURNISHED WITR MOTOR XC-J L 1C 90LLOW SHAFT 601E . IL•SUt It1IN11 ft Eettsl n 6F•4 HOLES II HOLES ON 6110 FRINE 1111 AZ OI 6111 !A) At CD P I XO AA SIZE- ` CONDUIT I AC At j 6EX Et .t - ALL 04MEMSOKS ARE IN MICHEI J to xt Lx0 xo } R F, AA At AC A10 AG u u av f e64a 1-H 29 1112 23 11-112 41/11 I4 /11 IN fA 14711 r 1N 34 11401110.►H r 1112 23 11-112 atng 0&7114 IN 1-A 10.311 6/19122 41N ran >r now IN 21 1112 21TA WIN 41111 f417ri IN A ~ '1 34 W 4 4 Ui=. Ala. o va" AM" 4711 12471-. 47 2.3/4 I241r, 110 > r 1-y? 61110►,►H I H 1212 241211/ t7•L1f1 41/111 741116 1N 1 714 114tH T t` Ki It6e6►,VH 46tH 1117 »•7/1g 22.1911/ /•711/ •1.71/1/ IN 1 24114 72gn9 •112 2411; 1114-74 , • . r 2• ` 1 11471 ~ ;-T ` + K11091.lH 40.1N }112 247A6 22•ISAS /•1116 Y2•M/ 1a 1 37 21611/ 7.112 tt IIWWA 1 461a 1712 24Th/ 224 Fn1 41/1f 911111 Ia 1.112 27.112 /3-ting 7.112 2.3N 44.71 .C' 1 121101 42.712 1112 117/1g 711tH 1P1A /4711 111 1 42-Mg M-SA 71122 1711 t N1 K r 10111 42-1 12 3-1 12 !1711/ 243N 16.1/0 /4711 1N 1.11 43.21111 M•)A 73112 - 1111 y'1~ AK LAACKIT ERANCEt y ~10AAMI N •PO'S LO LF BART HO. faa Rwlert 1107 ►.L R. G001. SOOT. f0Og1 14.0& 111/2 24.112 11111 113302 rylrr~N lrroeMrtrEY I/0011 6002 .i0O/IN 1439 12.2 20 1IMI 11 hisem" yRaMa1 46710,111, 1 ; i 1--y No, wo- amp 24 22 20.11 131111 117207 4`? Sol OF" 1sJN 11112 2414 It/16 1114" S; 22 1SIli I ~.r a kidg. 111"111 26 1 22 26117 13/1/ 120440 t~ 1611"!►A 32 211 711 1 1 0 Amoo ortmalt d~01"011 017 wary N 1N- f0& M Ia+tIM N1%006116 t /10'I/H 14314 11112 1-4.112 111716 1241/1 101 210 22 2618 13114 27"11 Lartoot eM 6' w *w. K 2SK211 e 1 20111 JI2 210 N 1 1711414 GU1atwith S00W.F►Ma,a000VatntuM. Comfut IpnnA Ina. BI WUSA m "M of No. Sw &4 Be 2114+4 w th Cyr - h e: r:' 1 V.S. ELECTRICAL MOT ORSDWWONEMERSONELECTRIC CO. s r. ~ EI10ECTIVE MAY 1, 1966 SECTION :505 00 HOT VIE FOR CONITAuctIc f SINEAsicks: NOVEMBER I, INS PAGE : T ►URPOSfs IAYLESl CE R11DIE r . , d, ~•....x.uu..JO:J\w+aa'..-.Lf.~'.FFMIM1.F`..awMSifvM~M4I/ r I ~1 1 I' r • SMITH 6 PUMP COMPANY Inc. 301M 0kkkn*kg Woco, Tex= 76712 (617))7&=7 FAX (!17) 776-003 December 16, 1988 Freese 6 Nichols 811 Lamar Street ~i Fort North, Texas 76102 f Is Attn: Mr. Joe Mapes i Subj: City of Denton i Did #9903 Dear Mr. Mapes: E i Thank you for calling me and raising the question in regards to the quoted W to N efficiencies on our bid at Denton, Texas. _ r s I have reviewed our calculations of W to W efficiencies and have found that f-~ t certain losses were not included. I submit the following calculations and revised W to W efficiencies for your '1! review and consideration: Motor Eff = Nmp■94.1 Nms ■ 94.1 Q = 5500 GPM H ■ 345 ft. Setting 60. Ft. rF qtr + E ■ 88.5>< Bowl 16' Col 6 Bead 1 ! ;ti : z r 0HP ' ilF i J O.A.E. - W to W■ R ~F rr+ o w 4 I.H.P. HP(bowl) + HP(col. fric) + HP(sbaft Eric) + HP (thrust) ` HP(bowl) 5500 GPM x 345 541.43 Bp 3960 x .885 r i Col.Fric. 6.2 ft/100' x 45/100 ■ 2.19' + 3' a HP(eol.fric) = 5500 GPM x 3 4.17 BP 3 3960 HP(:haft fric) = 2.3 HP/100' x 60/100 1.38 Hp HP(thrust) ■ 0.0075 HP/100 RPM/1000f Hyd.Thrust=17.14/;:'x 3451=5899:3f 0.0073x11.8x7.82=.692HP Imp Wt r x 190 = 160.0E s Shaft Wt 60 x 19.29 1! A 151.4f tir Total 781~fj IBP 541.43 + i7 + 4. 1.38 + 0.692 547.67 HP , 3604 Pokier Od" Nun1, Texas 76063 1{F7) 267-►276 FAX (s1T} 1;16792 1 . ! 'f tlW . 720s McNa2 Rood - SOo 201 AugIin. Texas T1729 (512) 2Si•6102 FAX(S12)25&2106 % I t~ a y 5500 GPM x 345 WHP (OHP) 3960 479.17 HP Field Eff 479.17 547 87.49% Correct Calculated Quoted W to Ws ' .8749 x .941 ■ 82.32 83.3 W to WP ■ .8749 x .947 a 82.85 83.8 i t ' i Very truly yours, / •i SMITH P4 COMP S INC. ( Y SY ~ Thomas G. Smith, P.E. Chairman of the Board TG*&bf c~ Encl. t a 44 cc: Carl Shires, SWIP Byron Jackson, Dallas { I. • : r ,C I'll ` \ l tt ( fill i ~31~+' 4NJ 1 ` V f I ` r `I 1 r lf. fV I > . t' f I 1 h f5 , ~ U ~ 1 } 1 YJur • ' 1 - 1> i F # Poo I FF Byron Jackson Pump Division eosc ww" Page 2'122 Ell.4 July 1901 7 Page 2-152.27 BORG-WARNER CORPORATION t CF. I r - - . ~i - ,ruNn 100 lb SSR pl 5 I F 12q .r:~ ` W 3 iT. W 100 ++s.. Z 37~i g w.~K i ~ ~ 3300 O r 20 so.. its 1 sss ' 11$0 253eF1 1000 U.S, GALLONS PER MINUTE b• II t u•~N7 r ~S xiM n - W 3 fr. ~ S W r' 121- s O 100 - - its Z - _ Svn S sa: i 1.- 31 y[M d f' 64,7 - . - 2221 ~ ! ' 28 RXM 1•STG. YCT 1000 U.S.GALLONS PER MINUTE _.._.-...,~-......._~,.....~.....c.<_;_.a;»:u.,:::..~...,.. ,...-..~aa.+-.-•s't~-rte"' ; f ' L i r nr ~I F i .r . I' f F y I r s.i _ I ti SPECIAL CONDITIONS ~ r r ' ! I r - I' yy~ ~J 4 I t t If i~ 1^~f d 1 I {Ir}`~ 1 ~ 1 1 .Jl~ \f 11`1(!f r 4 _ f I' S?Its J '.Y S I > ~ Y.ttf ~ ifY K4 1 V ti~ { tom' t a v I ` f >Ji~t IN ~~<LLLL S 'f ~ r r e I f', r w I i I , r x SPECIAL CONDITIONS SC-1 GENERAL • ~ l A. The work to be performed consists of the furnishing of all materials, machinery, equipment, superintendence and labor and performing all work necessary for furnishing and delivering the equipment specified. 8. It 1s the intention of the owner to evaluate and select the equipment from the bids received and award a Contract for furnishing such equipment, which will be transferred by the Owner to a Construction Contractor for installation. Payment shall be in accordance with Item SC-18 herein. SC-2 DEFINITION OF TERMS Whenever the word "City" is used in the Specifications A. City. and Contract Documents, it shall be understood as referring to the City of Denton, Texas. B. Owner. Whenever the word "Owner' is used in the Specifications and the Contract Documents, it shall be understood as referring i I to the City of Denton, Texas. C. Engineer. Whenever the word "Engineer" is used in the z Specifications and Contract Documents, it shall be understood as referring to Freese and Nichols, Inc., Consulting Engineers, 811 Lamar Street, Fort Worth, Texas 76102, Engineer j of the Owner, or such other engineer, Supervisor, or Inspector i j as may be authorized by said Owner to act in any particular positions. D. Vendor. Whenever the word 'Vendor' or 'Equipment Manufacturer* I is used in the Specifications and Contract Documents. it shall ` r be understood as referring to the successful equipment su lter !r f'^ for this project, his legal representative or his agents piny , l f, this Proposal. E. General Contractor. Whenever the word "General Contractor' is t7 used in the Specifications and Contract Documents, it shall be f. understood as referring to the Construction Contractor who will ' i install the equipment specified herein at the City of Denton Raw Water Pup Station, « SC-3 INTERPRETATION OF PHRASES A, Whenever the words "Directed`; "Required', Permitted", "Desig- nated", 'Considered Necessary , 'Prescribed, or words of like L + i{ J J I' fS` r ~ t t. , c f import are used in the Specifications, it shall be understood i i that they are intended as a prerogative of the Engineer: and similarly, the words "Approval', Acceptable', 'Satisfactory', • or words of like import, shall mean approval, etc., by the Owner. B. Wherever in these Specifications for the work the terms or de- 31, of various qualities relative to finish, workmanship, and/or other qualities of similar kind cannot, because of their nature, be specifically and briefly described in general terms, the Engineer shall be the final judge as to whether or not the workmanship as described is being performed in accordance with the intent of the Plans and Specifications therefore , and the work shall be completed in accordance with his interpretation of the meaning of such words, terms or clauses. SC-4 ADDENDA i The owner reserves the right to issue additions to these Specifications prior to accepting bids for the equipment. Such addenda shall be made a part of these Specifications. shall sucA onethe outerfenve] pe containinghhisbid ProposalkandlongtheeProposal. SC-5 F0;%4 OF PROPOSAL • Forms of Proposal, Special Conditions, and Technical Specifications may be obtained at the office of Freese and Nichols, Inc., Consulting Engineers 811 Lamar Street, Fort Worth, Texas, with a non-refundable $15000 deposit. JJ t Bidders shall bid on all items in the Proposal. It is the intent of the Owner to award a Purchase Order for the best combinations of bids, submitted, based on Owner's decision. "A y The bid price as stated in the Proposal shall be a lump sum price for fib- ricating and furnishing the equipment and materials, f.o.b. factory with full freight allowed to the job site, including all applicable taxes, and all costs for the items as hereinafter specified. The bid prices shall be both in words and in figures. In case of discrepancy written in ink, between the price written in words and the price written in figures, the t price written in words shall govern. , I Prospective Bidders shall make a careful examination of the Plans and Specifications and shall become fully informed of the overall requirements. a SC-6 QUALIFICATION OF BIDDERS t A. After the bids have been opened and tabulated, the owner reserves the right to require the law and/or best bidder to J tt 4 `_.S ' ~ t~. r e i 1 F. , .c i furnish a "bidder's Statement of Manufacturing Experience, ; Equipment and Financial Condition as a condition precedent to issue of a purchase Order, The Owner may make such investi. gations as may be considered necessary 0th respect to the responsibility of the Bidder to whom it appears the Purchase Order will be issued. S. The pump manufacturer shall have not less than five (5) years experience in the United States in the design and manufacture of pumping units of similar design, and comparable in size, head and capacity of the type specified to be furnished. C. The motor manufacturer shall have not less than five (5) years of experience in the design and construction of equipment of the type specified to be furnished. SC-1 REJECTION OF BIDS The Owner reserves the right to reject any bid if the evidence submitted by the Bidder, or if the Owner's investigations of such Bidder, fails to satisfy the Owner as to his qualifications to carry out the obligations of the Purchase Order and complete the work contemplated in a skilled, workmanlike manner. Proposals will be considered irregular and may be rejected if they show j alteration in fora, additions not called for, conditions or unauthorized k alternates, or irregularities of any kind, The Owner reserves the right to reject any or all bids and to waive any infomalities. SC-8 NOTICE OF AMD a The Owner will notify the successful bidder of Contract award within sixty` rr ti. (60) days after the date of receiving bids. a SC-9 REVIEW AND ACCEPTANCE OF PROPOSAL After Proposals from equipment Vendors are opened, the Owner reserves the right, in selecting the equipment to give full weight to tion, weight, function, serviceability, efficiency, and otthher~character- istfcs that may In the opinion of the Engineer be material factors in the choice of the equipment best suited to serve the Owner's interests, ' S'I Each equipment Vendor submitting a Proposal shall furnish, as a part of his bid, full Specifications and dimensioned drawings covering the equipment offered, together with performance curve, where applicable,, all as herein later described, and such data relating to the equipment selected by the ;.1 Owner, shall become a part of these Specifications as it applies to ` the separate contract for installing the equipment. JJ f _ a ' t t F Itr 3 y_ 1,, •j SC-3 F r1 1r1 t. > r 1F Y 1 4 V' f r F. yl Euexna The Owner reserves the right to evaluate the bids utilizing a theoretical { ' operating schedule in conjunction with the pLnp and motor efficiencies stated in the Bidder's proposals in order to determine the best submittal. The equipment Vendor is hereby served notice that the first cost of his unit may or may not be the deciding factor in the selection of the pumping unit. The present worth value of 1% overall efficiency will be $8,000.00, and will be one consideration in the selection process. Consideration will ` also be given as to whether the efficiency is likely to be of lasting 1- quality or can only be depended on for a few years. } The evaluation will be made by the Engineer. The information for the evaluation of each Proposal will be obtained from the Proposal and the in- fomation required as a part of the Proposal, and the data sheet which is contained in the Technical Specifications. Each Bidder shall present com- p lete data on his equipment at the time Proposals are submitted and additional Anformation from manufacturers will not be accepted after i . opening of bids; however, where additional information on equipment and costs is required by the Engineer in the process of evaluating the pro- posals, an equal opportunity will be presented to all Bidders, by letter, "s to submit the same information. SC-10 SHOP AND INSTALLATION OWINGS { The Vendor whose equipment is selected by the Owner shall, within 45 f days, submit for review by the Engineer complete shop (fabrication) and r~ erection drawings for the aqus ' ' pmnermt and materials to be furnished. The Vendor shall proceed with shop drawln9s and manufacture of equipment after notification of Award of Contract. The procedure for submission of working drawings for approval shall be as follows. i A. The Vendor shall submit six (6) prints of drawings to the i Engineer for his approval. The submission of drawings shall be accompanied by a letter of transmittal. The vendor sh;.11 be r "G - responsible for maintaining one (1) set of approved drawings to be furnished to the General Contractor. B. When a drawing is satisfactory to the Engineer or only requir- ing minor corrections, three (3) prints will be returned to Vendor stamped or marked 'Approved" or `Approved as Corrected', dated, and the copies thereof will be returned to the Vendor by j letter. s, C. Should a drawing be unsatisfactory to the F.w sneer, he will staip thereon "Not Approved-Resubmit" ana will return one or, i more copies thereof to the Vendor with the necessary corrections and changes indicated. The Vendor shall correct or change the r A • Sc-4 S i r i L yy ~K 11r,1 + I.RYTf'II~~T ~ I 2,♦y Y I ' 1 I , f ; t drawings as required by the Engineer and again submit at least a11 ( E six (6) prints of the drawings for approval. The Vendor shall revise and resubmit the working drawings as required by the Engineer until approval thereof is obtained. D Approval by the Engineer indicates general compliance or accept- ability, however, it does not relieve the Equipment Kanufacturer y . of final responsibility for proper dimensions, character,, quantity, quality, strength or sufficiency of the items in- volved. Waivers or exceptions to the plans and specifications , may be validated only in writing by the Owner which specifically i identifies the feature and no such waiver or exception shall be f allowed as a result of omissions or oversights in examining and approving the above drawings or other material. iiii SC-11 DELIVERY OF EQUIPMENT AND LIQUIDATED DAMAGES The Owner may consider time of completion as a factor in selecting the equipment and construction of the on-site facilities will be planned accordingly. Delays in completion of delivery is expected to interfere with the overall project progress and delay the completion. The Supplier shall not be held liable for delays caused by: °i 71 a. Any preference, priority or allocation order duly issued by the owner. i b. To unforeseen causes beyond the control and without the fault or negligence of the Vendor, including but not restricted to, acts t } of God, or of the public enemy, acts of the Owner, fires,, floods, epidemics, quarantine restrictions, strikes and freight, embargoes. t- The Owner reserves the right to deduct for each day beyond proposed ~ j delivery time an amount equal to 0.10 percent +)f contract amount. The owner reserves the right to deduct that amount for each day up to 50 days for delays in complete delivery of equipment after approved delivery time. For delivery time in excess of 50 calendar days after proposed delivery time, the Owner reserves the right to delay final payRent for the final five (5t) percent to six months after actual delivery regardless of ' Installation and acceptance date. These amounts for liquidated damages are set forth to help offset the costs and additional work caused by late deliveries of equipment. Time of completion is to be considered in making , awards and construction schedules for other parts of the project will be = planned to agree with the completion times proposed by the Vendor. 1 The Engineer's option regarding claims for delays shall be binding. i ti SC-5 I 1. iL I P FF i f SC-12 MANUFACTURERS SERVICE The Vendor shall prepare detailed instructions for proper handling and installation of the equipment and shall suWit at least two copies to the Engineer and four copies to the Owner. In event of any questions by the Contractor or Owner, the Vendor shall immediately submit written 1""l U clarification to both the Contractor and the Owner. The Vendor shall, also, furnish the services of a competent factory representative to assist in the installation and startup of the items furnished under the Proposal. The cost of these services shall be included in the base amount bid, SC-13 MANUFACTURING STANDARDS I All equipment and materials to be furnished under these Specifications shall conform to the applicable provisions of the following standards of design, materials, and testing where appropriate. Such reference is made for expediency and the Specifications referred to herein are hereby made a part of these Specifications. A. National Electric Manufacturers Association (NEMA) B. American National Standards Institute (ANSI) j C. American Society for Testing and Materials (ASTM) ? D. American Welding Society (AWS) ! E. American Iron and Steel Institute (AISI) F. American Water Works Association (ANNA) ;j G. Test Cods of iVdraulic Institute Standards. Other specific references are contained in the Technical Specifications. 0 1 SC-14 PATENTED DEVICES If Bidders hereunder are required or desire to use any design, device, sy material or process covered by letters,, patent, or copyright, they shall provide for such use by suitable legal agreement with the patentee or owner and the prices bid hereunder shall, without exception, include any and all + royalties or costs arising from such use. The Bidder shall indemnify and save the owner harmless from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any :x trademark or copyright used in connection with any equipment to be .I furnished hereunder. SC-15 EQUIPMENT WARRANTY The Vendor shall guarantee that the equipment and materials furnished here- ' under will be of the kind and quality specified in his Proposal, free from J defects in workmanship and mlaterials, and that the equipment furnished will perform in accordance with the parameters set forth in the Technical Specifications. x If failure of components occurs during the twelve (12) months following final acceptance of the equipment, the Vendor shall replace the defective s SC-6 17, yn L 5 I - 1 \ t 7 } ~~1Z I~ ~ ,~~f.tlilyfMwyy~W rw~•r-~.. - ~^-1; I 1. 71 zA Facr.a ~ ' cort►PoneQts nswith new components at no charge to the owner for ltl 1 y labor, or itallation. parts, ePsing, SC-16 ACCEPTANCE f The Owner reserves the right to operate the equipment, after installation, for a Period of thirty (30) days before final "tame. During such Perkr the deemed equipment Yssrl',to Improve tesmtatlve, shall make such adjustments as may be opera Performance of the unit. Should the equipment f" to meet the guarantees set forth therefor in the bid f proposal, such failure shall be deemed causes for the rejection of the unit by the Owner and its removal and replacement with an acceptable unit shall be done at the expense of the Vendor. - SC-17 ASSIGNMENT OF PURCHASE ORDER The Owner will issue a Purchase Order to the Vendor for the equipment being furnished by him in accordance with his accepted Proposal, and will be ' responsible for the payment for aKh equipment In accordance with Item SC-1E. The General Contractor will be assigned the responsibility of receiving, 1 ` qi inspecting, unloading, protecting and installing the equipment. The General Contractor will also be asst recommendation for gnu the obligation to make payments to the Vendor for the equipment In accordance } with the terms of Payment as described herein. The General Contractor will be required to work with the Equipment in schedulin8 deliverY of h Enger. equipment and dates that the factory Erettbon Engineer should be available to assist In installation, adjusting, { equipment, making any corrections necessary t and start a of the General Contractor himself had selected a the equipment all l as it the equipent. I x SC-18 PAYMENT 4 After the date of delivery of all of the specified equipment and materials complete, to the job site in good condition, the Owner will make payment to the I Vendor from the monthly estimate following for the delivered equipment, as materials on hand, equal to ninety-five percent (93%) of the Proposal therefor, less any late delivery charges, for late delivery of the amount ; materials. Payment of the remains five Mu Pment and remaining percent (SAS) of the Proposal amount ;t t r SC-7 r% i Revised sheet 12/10/87 i {Z, {}l1 i n l I ~i 1' ' ~ l1 1 s ~ I l i. ~ I - t 11 i` t Ole- ' R - a F, 4 y will be due and payable to the Vendor after final acceptance of the project or within six (6) months after delivery of the prepurchased equipment to the site, whichever comes first. The Owner assures the Vendor of payment for the equipment In accordance with these terms. Should for any reason the Owner fail to enter into a gerkral contract after a f Purchase Order has been Issued to the Vendor, then the Owner will make payments directly to the Vendor as specified above, or will notify the Vendor In writing to cease construction of the equipment. The Vendor shell then submit for approval a statement of expenses kv_r in the manfacture of the equipment to that time. Upon review and recommendation by the Engineer, the Owner will make payment to the Vendor for these expenses and all agreements between the owner and the Vendor will be cancelled. _i SC-19 OPERATION AND MAINTENANCE MANUALS i At least 30 days prior to delivery of the equipment, the Vendor shall furnish to the Engineer four (4) copies of Manuals giving Installation and Operation ~l Instructions, Maintenance Procedures, Parts List and otter pertinent information j Parts list to include bearing size and designation for pump and motor. f 4t Manuals shall be prepared by the Equipment Manfacturer and "I also incorporate appropriate final certified shop drawings, performance curves, and III test data as required by the specifications. Manuals may be manfacturer's I , standard instructions, but shalt be supplemented as necessary to cover any special j feature not included in standard material. i' The manuals shall be bound in stiff atificial black leather, metal hindged binders, . equivalent to Pilgrim Self-Expanding Fastlodk Sanders, 3-post style, size g} X Il page with large drawings folded to such dimension Inserted in an envelope i. attached to the back of the binder. j A:U SC-20 GUARANTEED EFFICIENCIES i A statement of the guaranteed over-all efficiency for the pumping unit with electric motor drive at the specified rated head and capacity shall be submitted I` with the pump quotes. In determining the pump efficiency, there shall be Included all pump losses; Le., entrance and bowl losses, eta The efficiency of F the pumping unit will be taken as the water horsepower developed by the pump divided by the horsepower input to the motor. Pump and motor shall be factory tested In accordance with this specification and certified test results shall be s approved by the Engineer prior to shipment. If the pumping unit does not meet the guaranteed efficiency after factory testing, it may be rejected, or at the f Owner's option, may be accepted at a lower price based on efficiency evaluation determined by the Engineer. SC-9 r~.. iteviaW abest 12/10/87 r1~. 1Y a, • 71 . `y "SAO SC-21 COST To VENDOR FOR LATE DELIVERY Time of delivery for pumping unit will be one of the c time q quoin contract award. For each day of time overrun in excess of of time ted in A the proposal. the owner wiII deduct from pWWt in accordance with i Paragraph 9-110 Beginning time will be the loth day after date of purchase order. SC-22 PERFORMANCE B4KO ' A performance bond will not be required for this PrOJect• END OF SPECIAL CONDITIONS t, , •r r -V Y~ • 1 ♦ t r (;f J11 r I I,l 1. A y ' , +r r SC X r F. ' lid." a 1 . 1 is 7 F f ( q qt TECHNICAL SPECIFICATIONS y~ ♦ 't' P.~,'k a Mil i ~ ' ti t~~f ~f nl hf i P tt ~ - J i 7 T' 4- '1 ! f yy ~ r J I fe b"r.' f 3~i~ r } IIf , r 1U 7 r ,4 .4 r, Q > t 7~~ 1 ♦ ~ t'' y f t ~ ~ 'TT~~ ` f s E i } Ft ~ f 11~~1 T F S ~3 l~ZX. f 1 'fy b ~ ,t t,lyL'~F _ f {C~ r S' l i s 71 { 'A K~ 1 ll 11421 VER71CAL TURBINE PUMPING UNIT 1.00 GENERAL 1 f 1.01 SCOPE ` - The equipment to be furnished comprises one (1) vertical turbine pumping unit consisting of a pump bowl assembly, enclosed line shaft, column, discharge head, vertical hollow shaft motor, and all other appurtenances specified or required. Reference is made to Plate 4 which is bound in these documents to show dimension requirements for the pumping unit. Some of the facilities to be installed by others are shown on Plate 4 for this contractor's information. The 14' discharge piping frog the pump ends with a plain end 17" from center of pump column. The pump supplier will furnish thrust anchor lugs on the 14 plain end pipe in accordance with the drawing. No other piping or valves is required in the pump supplier contract. 1.02 SUBMITTALS A. SW DRAWINGS j Successful bidder shall submit six (6) sets of full and complete rr', shop and installation drawings to the Engineer for approval in } accordance with Section SC-10. B. Operation and Maintenance Manuals shall be provided prior to j s installation and operation in accordance with Section SC-19. , J s}t C. BID SUBMITTALS 1. General: The Bidder shall furnish a complete description of all equipment offered under these specifications, including catalo?s, cuts and pertinent engineering data. Where the r; Bidder s product differs from the specified requirements and/or catalog description, each point of difference shall 'i be clearly stated. This requirement is set forth to s' facilitate the review of bids and not to be construed by the Bidder as waiving any of the requirements of the specifications. 2. Characteristic Curve,: Characteristic curves for the pumps offered shall be submitted with the bid. Curves shall show 2a the capacity, head, efficiency, required NPSH, and brake i horsepower throughout the range of the pump. 3 Characteristic curves for the pump shall have the capacity plotted as abscissa and the operating head, brake V, I y- 11421-1 ~I•. 1 4 if~,~~ 1. , ..r.r.,.~ _ _~_.~_.~..-...~.«.....+..`.~~..+~...ar+.r.w>u+.~.✓a~, ' I y°, t 1 i i horsepower, efficiency and required NPSN plotted as t ordinates. Curve shall corer the full range of operation • from shutoff to maximum capacity. 3. Data Sheet: The data Sheet included with the Proposal f includes the information required with the bid. ( i 1.03 FACTORY INSPECTION AND TESTS A. PUMP Equipment furnished under these specifications will be subject to inspection during manufacture by a representative of the owner who shall be afforded proper facilities for determining ' compliance with the specifications. ! .1 Pup shall be shop tested and certified copies of test data and ! test curve shall be furnished to the Engineer. The overall ` 'wire to water' efficiency, head capacity, and horsepower i ; requirements shall be determined for not less than fire points throughout the specified head range from shut-off to maximum capacity. Test procedures, interpretation and conversion of data, shall conform to the latest requirements of the Test Code of the Hydraulic Institute. At the option of the Owner, tests j shall be witnessed by the Owner or a representative of the j, Owner. Following completion of shop tests, the Yendor shall furnish to R the Engineer for review and approval four (4) certified copies': i of all test data and test curves for the pump. The Engineer t . will promptly review test data and, upon determination that the f pump meets contract requirements, authorization will be given approval of test or shipment. Shda~tanbyshallE of bermade without written r s f + B. MOTOR Motor shall be subjected to standard commercial tests and four (4) certified copies of test data, together with a certified statement of the motor's guaranteed efficiencies, power factor, torque ratings, current ratings, service factor and locked rotor KYA shall be furnished to the Engineer. j 1 IL The Engineer will promptly review test data and, upon ! 1 determining that the motor greets contract requirements, will j } indicate his approval, authorizing shipment. Shipment shall not be made without written approval of test data by the Engineer. 44, s 1!421-2 f r' ' 'f ~ r 4 _ 1 t 1.04 ASSEMBLY It is anticipated that pumps and motors may be shipped from separate points for assembly at the project site. Pumps shall be disassembled for shipment to the Owner, but the Contractor shall certify %#at at a t factory, prior to shipment, the units have been completely asstmbled, except for motor, each part to each adjoining part. The pump manufacturer shall be responsible for coordination with motor manufacturer to insure that no undue difficulty in assembly will be occasioned when units are received at the project site. 1.05 MARKING i , Pump and motor shall each have a standard manufacturer's nameplate ! securely affixed with tapping screws in a conspicuous place, showitag E ,I the ratings, serial number, model number, manufacturer, rotation, settings, and other pertinent nameplate data. 1.06 PUMP PERFORMANCE REQUIREMENTS] Liquid to be 'J r pumped will be lake water from lake Lewisville which in j neral has temperatures ranging from 6.6% to 319C, pH ranging from i. 7 to 8.4, and calcium carbonate hardness ranging fro 120 to 150 { ' j Pup shall be designed to operate satisfactorily throughout the total 1 i range of heads, from shut off to lowest head indicated. fl It is desired that the pup have its best efficiency at the design f optimum head, and this efficiency as well as the efficiency at other' ! operating conditions will be considered in evaluating the pump. 1 } ' Pump will be started and stopped with a closed control valve on. the ,g. pump discharge, and pump beryls, column, and pump discharge shall be ' designed for no less than this shutoff pressure. The attached system curves show the pumping heads under various pumps conditions, and the tabulation below shows the rated ` conditions and limits of operation. Description New Pump No. 3A Rated Capacity 5500 GPM Rated Head 345 Ft. i Maximum Head 360 Ft. Minimum Head 155 Ft. Speed 1200 RPM ' Available Submergence ! at Suction Bell (Min. Hd.1 4 Ft. j- y f t 7y 1 1: ~ ~ c 11421-3 Y " ~ , _ _«.«.~.w ..n... ..-..,.~,........,+.w:ryr+.r'+. urwa-.w...►alsuwrrrr i .y'. ? ti i . F r In 1.07 PUMP SETTING REQUIREMENTS A drawing showing pump setting details is included as a part of these specifications. The pip will have below floor discharge with 14' plein end Tee discharge. I Pump setting elevations are tabulated below: Description Pup No. 1 Elev. Bottom of Pump Base 541.08 Elev. Operating Floor 541.0 Elev. C.L. of Discharge 535.5 Elev. Bottom Suct. Bell 478.00 Elev. Sump Floor 473.0 Elev. Normal Water Level 510.0 % Elev. Max. Water Level 530.0 Elev. Min. Water Level 482.0 Pump Discharge 14` Floor Opening 30' Sq. - ti 2.00 PRODUCTS 2.01 PUMP f ! 1 A. GENERAL i The pump shall be a wl ti-stage vertical turbine pump with . ~ enclosed impellers for wet pit installation. . ~ s „ The pup shall be designed and manufactured in accordance with the applicable requirements of AWWA E101, Vertical Turbine Line s..I._f Shaft Pumps, latest revision. The pump will have an _ ~rL oil-lubricated line shaft B. PUMP BOWLS Castings shall be of cast iron. ASTM A-481 Class 35, or other approved material and shall be free of blow holes, sand holes or other detrimental defects. The bowls, column and discharge shall be capable of withstanding a hydrostatic pressure equal to 200% of the pressure at the high head operating condition or 1505 of the pressure at shutoff head, whichever Is greater. To the lower pump bowl there shall be provided a suitable suction bell. Assemble bowls with non-corrosive stainless steel bolts and anti-seize compound. n. s-. tin 1i '.SS 11421-4 ~'y Vii. ~ y ♦ ' l S ~ 1 l 1 1 , - y , A stainless steel basket-type screen and vortex suppressor shall 1 be furnished and attached to the bottom of the suction bell. Screen shall have 2-inch minimum screen openings. C. IMPELLERS The impellers shall be of the enclosed type of cast bronze, dynamically and statically balanced. They shall be fastened to the shafts with stainless steel keys, tapered bushings, or other approved means, so that they will be held securely for either normal pumping or reverse rotation. ;r 0. WARING RINGS Each impeller eye and case shall be provided with i-enewable bronze wearing rings at the running joint between the impeller ~-1 and the case. The rings shall be so designed that they a.re not dependent on excessively close bottom setting clearances to ' prevent leakage. M r E. PUP SHAFT 4z Pump shaft shall be of ASTM A-275, Type 410 stainless steel and • shall have bronze bearings above and below each impeller. The 1 minimum size of the shafts shall be determined by means of formulas given in AN1iA Specification E101 for Vertical Turbine Pumps. F. LINE SHAFT r' The line shaft shall be of ASTM A-276, Type 410 stainless steel G < and of the size that will conform to stipulated requirements for „ . ` pump shafts in AMNIA Specification E101. Shafts shall be ' furnished in interchangeable sections having a nominal length' t t . not greater than 5 feet. The line shaft shall be coupled with t stainless steel couplings which shall be adequately designed F with a safety factor of 1-1/2 times the shaft safety factor and f ;°r shall be coupled using anti-seize compound. lM r 1 G. LINE SHAFT BEARINGS az, r The line shaft bearings, which shall also act as connecting couplings for the sections of oil tubing, shall be spaced not ' more than five (5') feet apart. The line shaft bearings and top shaft bearings shall be bronze. The bearings must contain one or more oil grooves or a separate bypass hole that will readily t allow the oil to n ow through and lubricate the bearings below. If.; 1 ; f' a . i ' r I n s F' ~ 11421-5 f li , •rLi ri~~.l, v 4 tV l ' i t' F 4 H- SHAFT-ENCLOSING TUBE • The shaft-enclosing tube shall be made of Schedule Bo steel pipe _ In Interchangeable section not more than five (51) feet in length. The ends of the enclosing tube shall be square with the axis and shall butt to ensure accurate alignment. The enclosing tube shall be stabilized in the column pipe by stabilizers. 1. DISCHARGE COLUMN PIPE The column pipe shall be such that the friction will not exceed > 6 feet per 1DO feet of column based on the rated ca city of the i ' }s pump and not less than ,375 inch thick. The pipe shall be furnished in interchanj!able sections having a nominal length { not to exceed 5 feet and -Jiall be joined with flanged r connections. Flanges shall be machined for register fit to assure accurate alignment and shall be connected with stainless - steel bolts and nuts, using anti-seize compound. J. PUMP DISCHARGE } :1 ` U Discharge for the pump shall be horizontal, below the floor, ; 4< with 14 plain end steel pipe for Dresser type coupling with lug; for thrust harness. The 14' discharge pipe shall have a r:~I 1/4 inch tep and threaded coupling for pressure gauge connection. f raj N L` _ K. MOTOR STAND AND PUMP BASE PLATE { R{ T Motor stand shall be of fabricated steel of size to support the `r motor above. Within the motor stand there shall be provided a € A. threaded coupling for connection of the pump shaft to the j ^f. motor shaft. Windows with guard screens shall be provided in + sa the motor stand to permit ready access to coupling. 5 4 1' The motor stand shall be supported by a pump base plate. The base ofpump head, and the floor base plate shall be made; separately as shown on the Plans. The pump base late shall be. suitable for bolting to a concrete floor and shall be 429.square n tt,; y with four (4) 1-1/8 anchor bolt holes, one at each corner, on ( ~'Y 38• centers to match the existing anchor bolts. On the motor stand, a proper lubrication system shall be y'. installed to provide lubrication to the shaft and bearings. It shall consist of a solenoid operated, sight-feed, adjustable >j drip lubricator and a four (4) quart (minimum) oil reservoir, E 3 constructed as an integral part of the motor stand or as a separate auxiliary unit. Provide a b ypass valve for manual pre-lubrication. I i 1 w \ ! ~ , 11421-6 f I. j f 1 The solenoid valve shall be normally open when not energized and { shall close the flow of lubricating oil when energized in order • to allow continued lubrication of the shaft and bearings if the solenoid fails. The solenoid shall operate on 240 volts, 60 hertz, single phase power. , A tube tension nut shall be installed in the motor stand to allow tension to be placed on the shaft enclosing tube. Provision must be made for sealing the shaft off the thread at the tension nut. L. PAINTING The painting systems to be used on this project are as follows: j I Coating No. 1 (not exposed to weather and sunlight): t1, Dry Film Name Coat Tnemec Series Thickness 1 5) Pota-Pox 20 Prime 20-1211 4.0 1 Pota-Pox 20 2nd 20-2000 5.0 Pota-Pox 20 3nd 20-2000 1.5-2 Y ; Coating No. 2 (Exposed to weather, sunlight and view, but note 3 ~ potable water): Pota-Pax Prime 20-1211 4.0 Pota-Pox 2nd 20-2000 5.0 Polyurethane 3nd 71 1.5-2 Coating No. 3 (Inside of bowls and impeller waterway) 3M Scotchkote ~t 134 1 Fusion Bonded Epoxy 10 tf ~~t it t`, i , APPLICATION OF COATING AND SURFACE PREPARATION E "c;;'' Motor and Base plates above floor: Commercial sand blast,.and apply Coating No. 2. Color shall be beige x 3 ~r Inside and outside of column, suction bell, outside of pump bowls, and outside of shaft enclosing tube: Commercial sand blast, and apply Coating No. 1. Color shall be beige. t . J- Inside of bowls and impeller waterway: Apply Coating No. 3 on clean surfaces which are clean, dry and free of all oil, rust and other foreign substances. c~ , r1A t r a .k 11421-7 i _ V 1 c r. i:. v r. , "'k. ♦ v j 1. .y I F k~k I Furnish touch up paint to repair skuffed areas during installation. M. NEIGW LIMITATION FOR PUMPING UNIT The existing reinforced concrete structure which supports the pump being furnished under this contract is considered capable of supporting a maximum pumping unit weight of 16,800 pounds. The pump, motor and column furnished under this contract shall not exceed a total weight of 569800 pounds. 2.02 MOTORS A. GENERA! I 'Electric motor for driving purging units shall be vertical, air cooled, hollow shaft, squirrel cage induction type with =5. non-reverse ratchets, and shall be designed for full voltaggee starting. Approved motors are Reliance, Louis-Allis, and U.S. Motors. i Motor shall be of the premium efficiency type, Horsepower L name late rating of motor, at the 1.0 service factor, shall be f'! f equal to or greater than the total horsepower requirement of the pump when operating at any head between shutoff and minimum E heads, including power requirements for bowl assembly, column and line shaft bearing loss, and motor thrust bearing loss from pump thrust. Motor shall have a service factor of 1.15. Motor shall be designed In 4 elatest Standard reisionca theretoorMotors ind vGenerators, t M6 l with subsequent • a ' to > modifications and additions as herein set forth. T` 4. ~ { Motor power factor shall not be less than gOt when operating at ' the pumping unit rated point. The motor manufacturer may furnish power factor correction capacitors to achieve this power factor. Power factor correction capacitors shall be as speciffed hereafter in this section of the specifications. The motor nameplate shall indicate the rotation direction consistent with the pump requirement and the phase rotation of the power leads. a. N The locked rotor torque and breakdown torque shall not be less { than shown in NEMA MG1-12.37 and 12.38 for centrifugal pumps. The locked rotor KYA/HP shall not exceed NEMA Code Letter F. 6.6 Yr KYA/HP. ~I 11421-8 i i ' l r1 , r Rotor shall be balanced to within an amplitude peak to accordance with the requirement of NEMA MG-1. Peak in Motor terminal voltage shall be rated 2300 volts, 3 ph., 60 hz. B. ENCLOSURE i, Motor enclosure shall be Heather Protected NEMA Type I for outdoor installation in accordance with NEWT MG-1. Exterior shall be factory painted with coating No. 2 as specified under Paragraph L. C. INSULATION I Motor windings shall be full Class F insulated. The motor stator windings shall be insulated with epoxy-impregnated materials. The entire completed stator assembly shall be vacuums-ppressure. impregnated with a ion-hygroscopic resin material. The windings shall comply with the latest applicable t ';E provisions of NEMA MG 1, and end winding coils shall be braced to limit displacement to no more than 5,0 mils under any E condition of starting or running. Motor shall operate continuously at rated voltage and frequency at 400C ambient temperature, with a temperature rise of not to exceed 70•C y measured by embedded detector when operating at full load or 105•C at the service factor of 1.15. D BEARINGS I r t {t 'I Motor bearings shall be designed for the maximum loads imposed by the pump and motor, and shall be selected for a 5-year F 3 minimum life, and a 25-year average life, in accordance with A.F.B.M.A. life and thrust values. Bearings shall not require # 2~1, r external water source to cool oil. Provide a steady bushiat F the lower end of the motors hollow shaft. All bearings shall t< be oil lubricated. I~ .s. E CONDUIT BOX 'r Conduit boxes shall be larger than minimum and ad f 'equate slze'to , ' accommodate stress cones to make up cable terminations for 5000 s, volt shielded cable, 1210 AHG. The conduit box shall contain a L grounding lug equal to Burndy 'Servit.' ' r. y .j i F. ACCESSORIES TERMINAL BOX 's F t. Motors shall have both space heaters and RTD's and shall have ! accessory leads terminated in a separate box on barrier type terminals. All leads shall be suitably marked and Identified. y f f _ y 11421-g . A *l ` 4 1 i G. APPURTENANCES 1. Bearing Temperature Monitors: Motor shall be equipped with two (2) Honeywell T-654 Indicating Temperature Controllers for bearing temperature indication and relay control in i motor starter. - ~r 2. Space Heaters: Motor shall be equipped with space heaters I for operation on 240 volt, 60 hertz, single phase power. 3. TeTrature Detectors: Motor shall have six (6) 10-ohm RTO s, spaced evenly around the stator windings with two embedded in each phase. 4. Power Factor Correction Capacitors: Capacitors shall be~ enclosed indoor, dustproof, three-phase capacitor f equipments consisting of a completes ar%embly including non-PCB three-phase capacitors, ter,....1 compartment, fuses i` and mounting frames. Solderless connectors shall be provided on each lie terminal. All film dielectric units I shall be enclosed in stainless steel enclosures. Each unit { shall have discha resistors to reduce the charge to 50 volts or less with 5 minutes after de-energization, r capacitor equipments shall be provided with current '11 04 ' limiting fuses. $0,000 ampere interrupting capacity, and a I visual indication of blown fuse. Capacitor units shall be 1. ' the required KYAR size, 2300 volts, 3 -phase, 60 hertz I General Electric Type WT, or approved equal. E ~E 2.03 'PUMP EFFICIENCIES A. GUARANTEED EFFICIENCY 'i The pump manufacturer with his proposal, shall make a'statement of the guaranteed overall wire-to-water efficiency for the` pumping unit at the rated head. B. EFFICIENCY EVALUATION In comparing the bids the Owner will take into consideration the ' guaranteed wire to water efficiency of the pump. Refer to paragraph SC-g, Page SC4. r M C. FAILURE TO MEET EFFICIENCY GUARANTEE In the event the result of the %f - specified tests show that the actual efficiency of any pump is less than that guaranteed, the unit may be accepted at a reduced price at the option of the Owner. The reduction in price shall be computed on the basis of the evaluation of efficiency set forth above for comparing bids.Y , 11421-10 i I 1 r Ole- i No premium will be paid for exceeding the guaranteed pump • efficiency. ` 3.00 INSTALLATION AND ACCEPTANCE 3.01 GENERAL Installation of equipmentrequiwillredbe performed by a Construction Contractor, who will be to assemble the equipment where required and install it in accordance with Installation, Op and Maintenance Instructions which shall be furnished by eration or Manufacturer. J the Vendor 3.02 MANUFACTURER'S REPRESENTATIVE The equipment manufacturer shall furnish the services of a com service engineer or technical representative, (not 'salesmen•)w,Ant shall have had experience in the installation and operation of the equipment which is being furnished under this contract. This service 1s for the purpose of Insuring proper installation and adjustment 1 proper equipment; instructing operating personnel, as requested in of operation, maintenance and care of the equipment; for making check tests of equipment and making recownendations for obtaining the ' most efficient use thereof. The service representative shall be at the site at any time the a~ Construction Contractor is assembling, setting, aligning, connecting or adjusting the and certify that ismha;nbeen properlybinstalledhall direct such work 3.03 ACCEPTANCE TESTS yet Upon completion of installation of equipment, an acceptance test to f verify the satisfactory installation and operation of the unit shall. be conducted by the manufacturer's representative. The test sh be aK onducted in a manner a roved by and In the presence of the Engineer and Owner. Unit shall pp .t be checked for excessive noise, alignment, ' vibration, general operation, etc. The unit must j ` tI}'r peform acceptable to the Engineer before final acceptance will b in a manner the Owner. be made by ` The pumping unit shall be operated throughout its full range of operating heads, recording pip discharge ressure ' p and voltage and current, and motor bearin g motor + g temperatures. fl representative shall certify that the equipment a e Y designed and operates satisfactorily, t Is adequately END OF SECTION 11421-11 x i. It FF' OENTON' 79 1 7l 1• 'rY '1• • • f \ rt ~I r 1 (fj/ ~A `1 ~ • I~ Aft ;v Min[ I'. 'h r^ ` I + I. PROJECT E ~yPUMP STATI '~i. / + tat. I. llf" LJJ I •L ; 1 Mll•r•Lt•IL t t/ r•' If 'r' \ l [6Y1 YRll1M N.Ir•r7 . I - .f P* IA ool wwr t ) '~r • SCALE:1'-Approx. 3 Mlles VICINITY MAP PLATE i •1 1•i•'KM i~'J 11. .I 1' I I ` Iy i.. I•.1 ♦ ~ ~ I 1 ~ 1 I ~ ~ ! i.. l.' yi ; , I. 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' 1 ~ : i l , ' - ~ i'i +.l-...-lei 1 ✓ •j~_• j'•_ :.t.y ~ ~ 1,;; t r 4 7yMD:301 PIF£UNES I pXAALLEL r.~ 117 -MG D T' 345: b1AXr~U.l1 ]1EAD i FOR "CLA59 150 PIPE ! rtj T } r 4.;, t >y _ ~y~ 1 rt, ~ } t j.t 3J.. t. ~ } • }_i.-~J- 1 1 ~1.1.i z a _ 1111 r__..l . ~ 34 :.{•11. ~y.T4 : is J { 1 :1 F 4 ?1•~ e 1 It' PLATE 2 ` 1 • Y j fur v i i ~ i BIT -=:I= CL Y y - - 1i 0 ~ I I I . O f Q I 4 W F- fp Z • g i cr a j O J J N N f O t; 133 Nl Ob3H 1V1O1 t. 1 S e 1H f f W, m4# WE U v 111~I,' i.;; ~ ~50# i I f 400: h } w LL f 300 a w i O 200 F t U.S. GALLONS PER MINUTE / 1000 0 2 4 8 10~ i ! ~ r i r PLATE 3 1 , f 4° *tb 1 1 i L ! iti s ` cif • • 1 , 1 ~ , l ~ ` Ile ! I AA 1 1 Y , I • , tt x 30 K.~ l ' ~16 QQ r.~ jwr ii. w a , i QC F ; 4 ) \ ,'o 1. ~ PLATE CETAIL r : s sa'wr„es, Edy 07, . ; r ' F ~ ~ yyba f4r+ge ''r ICy Dow y ArtW COan A?O } t F l M rv~ I • ! 1~ - It, r r+ r 1. , 1 V % C r . i is 1 YJ i 1. t tfa`` - r iY! i -or 40-1 j ~ 1 y 4 F l • 2 1 Y FOR :V ` Jf 1 NEW PWP N0.3A r i. I r _ F. Owl 14 CITY COUNCIL F . .r ~ ` al Ok r~ K~ 1 a or o• 4 x `r • e Rr {4 r b A'~A rt4 s Y4~ ' t S, , CI CONTRACT Af.TtEF = STATE OF TEXAS ) COUNTY OF jRf„~ Nrra~,__ ) THU AGpjm=, made and entered into this 15 day of Ma A.D.► 19SQ► by and between T e Cit of Denton of the County of Denton and State of Texas, acting through Lloyd V. Harrell thereunto duly authorised so to do, i Party of the First Part, hereinafter termed the OWNER, and 'k _pi~. u~}fcnC1Y "c', 106 west 36th, San Angela. Y yTexas 76903 of the City of _ San )Angelo , County of Tom Green 7 Party of the Second Part, hereinafter and state of Texas ; termed CONTRACTOR$ eats and WITMsBT8s That for and is consideration of the pays agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWM), and under the conditions expressed in the bonds bearing y even date herewith, the said Party of the Second Past (C CTOtt) hereby agrees with the said Part y of the First Part OWNFR) to commence and complete z the construction of certain improvements described as followst,, VII eq+ 4 13"f Ann ■ amount of $87,437 and 50/100 the and all extra cork in connection therewith, under the terms as stated in colt.sad ' r 'i General Conditions of the agresmentf and at his (or their) own ror equipments too s, aspeasa to furnish An materials, supplies, machinery, superintendence, labor, insurance, and other accessories and services conditions,' necessary to complete the said construction, ssetccord in a th't a accordance with an r and prices pits stated in the Proposal attached the Mica to ' the.General Conditions of the Agreament, the Special Conditions, I Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached Fareto, and is accordancawith the d printed ls, which includes all rape, plats, blueprints, and other drawings 1 I 0044b j 1 f written explanatory ratter thereof, and the Specifications therefore; as prepared by City of Denton Engineering Staff i • ~ all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby stress to comence work on or after the date established for the start of work as set forth in written notice to coas+ence work mad complete all work within the time stated is the Proposal;, subject to such extensions of tine as are provided by the General and Special Conditions. The OWU atrees to pay the COMRACTOR in current funds the, price or , prices show in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract, IN WITNESS iJtO:.BEOF, the parties of these presents have executed this i agreement in the year and day first above written. r Tt ;t 1A J LK i '~t arty o rst sty: r ~ I Ar?ES?s _ er Conseruo i t- ~artty o Fowl ec art, AA, 'Title. Ricky FoHiir, Yredident ? (SM) APPROYLD'dS 'TOv : rn a 3 CA-2 00;4b ,s-'r r4 1 r F :a PERFORMANCE. BOND STATE OF TEEAS i COUNTY OF Dpntnn ; KNOW ALL ?MN BY THESE PRESENTS: That Hasty-Fowler Construction, Inc. ti of the City of San Angelo ' County of Ton Green , and State of Texas as PRINCIPAL, and rtaA14rv Ana Deposit Co. of Harvlrnd , t , as SURETY, authorised under the laws of t, the State of Texas to act as surety on bonds for principals, are held and firaly bound unto the The City of Denton penal sue of Siahty Seven Thousand Pour Hundred Thirty Seven as owns in the ! and 501100 Dollars ($87,437.50 ) for the payment rharsof, the said Principal and Surety bind thaw elves and their hairs, adainistrators, a:ecntors, successors and assigns, jointly end severally, by these presauts: WMMLLS, the, Principal has entered into a • certain written contract . 4 with the ORBS, dated the 15 day of May 1990 , for the codstraction o! Bonnie Brae 120, Waterline -BID. 91107 s,t at : ' Which contract is. hereby referred, to sad made, a dpart haraof as ft ily; and to ',the y sane anent as if copied at length herein. ` NON; TMM1FORE) the condition of this obligation is such that if the a said principal shall faithfully perform said Contract and shall in all- respects, + conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed sad performed, and according to the true intent and ` messing of said Contract and the Plans and Specifications barsto aane:ed, than this obligation aball be void: otherwise to remain in full force sad effect= is • 1 i C owl y r of PROVIDED, HOWEVER, that this bond is executed pursuant to the 1 Provisions of Article 5160 of the Revised Civil Statutes of Tezas,aa,amaM d by l 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 srt«±t as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue sha11 lie is 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 toi,the work performed thereunder, or the plans, specifications, or drates acco the sane, shall in anywise affect its obligation on this bond, and it doeare6bby vaive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. ;i M WITNESS WHEREOF the srid Principal and Surat have signed sad sealed this instrument this 25c~i lay of May 19~0~ Hasty Fowler Construction, Inc. Fidelity b Deposit Co. of•Narylead ' f Principe Suraty r C By Title Ricky Fowler, President Title Diana Michsllk Attoiney-in-fact ? -Address 106 Veit 36th St. Address P-0- 46i 1111 San Angelo, Texas 76903 San Angelo„'texas' : 76902; i a ' y (SEAL) .VAL r. y The name and address of the Resident. Agent of Surety iss f r Fields Stewart P.O. Box 1111, 'Jan Angelo, Texas 76902 ! NOES Date of Bond must not be prior to date of Contract. . PB-2 0091b' r c 1>.~., : r I r i f, ' r Y, h i 1 i` ,i The FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~ a 0 FIDELITY AND DEPOSIT COMPANY f Compartia HOME OFFICES: BALTIMORE, ,SID. 21203 POWER OF ATTORNEY ',j K%'o% ALL \f x By TlfEa'E Parsr.NTS: Tut the FIDEtfrY kND DfMT COMPANY OF MAN110'D, AM the FIDEl1T1' A.Vll ~ DE"IT COyP40Y, corporations of the State of Sf ryland, by C. N. PECOT, JR. . Vic -President. 4 and C. W. ROBSLNS Aasietanl Secretary. to pttrsnaoce of authority panted by Artkle VI, Se-tin 2 of the respective B) -Laws of said Companks. whkh are set forth on the reverse aide hereof and an hereby Certified to be to ' I step fez" and effect on the date hereof, do hereby aominate, con"Ute and t Robert L. Fields, Don W. Stewart, Roger M. Dolliver, Herbert R. He J. Ida 11 Ruling, Walter N. Rodgers, Marie Walt as RAW. 11no 013 t" woe am Low7ul pen orxytn- a e zecuty, Pe . or. and as its act and deed: any and all bonds an ertak ..EXCEPT bonds on behalf of Independent Executors, Community Sur a an nity Guardians..... i AVIR execu stte of ttndtrtakings of t ,shall be a blo&g upon said Companies, u folly and amply, to sit inteau and purposes, -had executed and acknowWrd by the regutarhy elected (Akers of the respective Companies at their tL, In their own proper persons" This power of attorney revokes that issued ° half bent L. Fields, seal, dated, November + 1. 1; . 1987. O Ct„• IN WrtNESS WHEREOF, the said V v t Secretaries have hereunto subscribed their naroea and affixed the Corporste Seals of the sold FLOE D A\Y OF MaRYLA.\D and the FIDELITY AND DEPOSIT COMtA.NY t},( 17 of~ . rte^• A.D. 19;38_ s 'i I ATr,r: `.ITY AA"D DEP0.SiT COMPANY _'n 0 1 *!D i 16 Sraetary ~!'t._ By 3 - FIDELITY AND ANY By , t ~~to c~ ~-tt~ Aadseam Seotdtary t7or STATE Of MARYi.A.VD 1 CITY OF BALTmat ) S& 37 Oo this 17th dy of June . A.D. 14 88 . before the ssbunhr, a !Votary Pablia of the Sew at Maryland, In and for the City d Hamm". duly ea mawmew ad q"U54 raw the abwraamw 1'be-Midaota'sW Aaihut SemwW d else FIDE U. 5 TY AND DEPOd1T OOMPANY OF MARYLAND sad dw FIDE LITY AND DEP(W COMPANY, to m, persoeak howa Bobo the R `-i . ~ fnd+t'IdWI1 sad offrecf dear3ed herela sad wkD dieeated eke Qleeadtag isatrummt. and they sash aekaowlstigdd 6a nwu&a of *v mama, 1 f and being by ms guy awora. aeverd ly sad saris ke WerN depmnb ad cask that rltey are the add c&xn of the Companies afonwd, of , and that & veal alfaw to ie preeedieg betrsetaet w the Corporau Sala of wW Campaaim, and that & add Carpmau Sah sad their skuta a u week oflfoen wen day abed asd aubaaibdd to the rid ksrlnament by the amhorey sad dfreetfoa of the said Corpar.doai i IN TESTIMONY WHEREOF. I have bdnnwr ad my band mad affasd my OffkW of the day year Fret shove wtduea. k` rte M l♦ _ My ounmirba keep, July 1. 1990 _ URTIFICATB 1, the uodenApM "I teat SwWAI of the FIDELITY AND DEPOSrT OF MARYLIND sad she FfDEWTY AND DEPOSIT QD)tPAAIY do hseesby ortify that tie oe sLed Power d Attaraty of rWek thr faregdng Y a fop tree sad correct copy. `W fell Iota tad effect on tfu due of Ws at1lau: sad i do forther artly that the Vim-Preddests who oscww the rld Pore o1 Aetormy were Vke. i c PresWats apeody, au*Arhed by the Mari d Diredon to appetet my Anmory-in-Fats r provided In Arthde VI. S arson 2 of time eespecd" A' 9ylm m of Am FIDELITY AND DEPOSIT COMPANY OF MARYLAND mod the FIDELITY AND DEPOSIT COWANY. This eertffieate mmay be dpW by faaka9e under sad by aatbuity of naofutfoaa of the !hoard d Direcurs of else FIDELITY AND DEPOSIT COMPANY OF MAINLAND at a Dating day called and 6W no the 16th day at)*, 1%9 and d the Board of Dfratius of the FIDELITY AND DEPOSIT OOMPANY at a meedag day ta6ed and UM on *e Sod day of November, 1916. RESOLVED: `T1tr the form & a romch&4cg eeprodtsmd sipetan of say Aubtaaa Secretary a (*A Camps". wbedw made hwtWm at bnerha. whenever appearhng upon a ertrud espy of any pmw of atwcwy hoed by tha Company, shah be vafd sad Wading a" ti thm Compaay with the wue fora sod r0 A as thnogh atanaally alLul" j 4 IN TESTIMONY *HEREOF. [lave hereenw sabscrtbed my name and affixed the corporate swis rI the said Cm+pania this 25th day or May l9 QQ. , ^.1b8-6756 ~}~Gx~+•~711~a+-T/n`~_ 'O'/+ Assbtant Secretary la's ;r 'i ~ iw~.....~.•..i~... a-..~ nt-a ..n y.... Y. ~Vr q6n.. t. .lA... F'. ~...'b~16A.n♦✓•. J•nnrYUp-. •.ni 1 771 EXTRACT FROM BY-LAWS OF FIDELITY AND f)EP06IT COMPANY OF MARYI.ANl) the Senior " VI. + r ~~ra3deits of YVicrPiesidmChalman of Board, or the ts speciallyauthwktd so to do by the Bond of Directors or by the E~thiyCpianmmhke. ; s Power. by and with the coamrreace of the Secretary or any one of the Ass"i Seeretariea' to appoint Reddent e-P and *4p-Fad as the busLa a of the Company may require or eo authorize' any Persou or P"90114 t, 1 to execute half of 16 Com bas, poiicin y any boo. uadertaiing, recognisaneee, st1pas Ana releases Rrld Pla tat trc apeemrnts, i' r t of morr~a~ei,;r.and to affix the w! of the Compae ineatsof jud~ementa decrees; Tong" and irbtrum" In the 6aiun tbercto " .i nt Fy:` 1 EXTRACT FROM BY-LAWS OF FIDELITY , D DEPOSIT COMPANY ` eras Chairmu of the Board, or the President, or any Eucutivi Via-Preg"I, or any at the Sector ,"An esidenta Section 2. Tisi Y I or so to do by speclelly'autborned the Board of Directors or the Execntk* Committee. { , o e Presidents AsdataalVice P behalf aod Attoraelsh-Faet n the bashiers o1 the Compan ire', of 1o aatlwriie ! p - - ' y Person Persons to of the Company any bonds, undertakings, reooptsanees, stlpuLttoes,'00mes; contracts, apeemeets, deeds, and releases and as4ntnents of judgements, decues, mortmes and bstrwneote b the nature of aooetgagea;:,.aud , to affix the me) of the Cornpaoy thereto." Ij ~ I Y t r - - - r j ~y5 ~ lf'e {~i r a I , 1 I ' ~ r ~ J ~ h'. 1 ~ r~Y' r I ~ 1 - ~ TAI 1. {t i1 ' .'n VP f ~}~~i ,"l 1, s - - ~ - 1 . • ~1s • ; i 1 - a LI lliffXl-C.rL , r1 ' wYMYfYrW~ r f` I r ryli , I d .I r I 1 Fear.. ~ PAYMEM BOND STATE OF TEXAS { $ COMM OF DEMN ) i KNOW ALL KEN BY THESE PRESEMSt That Hasty Fowler Construction,Inc.' of the City of San Angelo , County of Tom Green It and State of Texas , as principal, and Fidelity 6 Deposit Company of Maryland k authorised under the lave of the State of Taws to act as surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas OWNER# in the penal sum of Biahty. Seven Thousand Four Hundred Thirty Seven and 50/100 Dollars' (f 87, 437.50 3 for the payaeat whereof, the said Principal and Surety bind themselwi 'and their heirs, attain istratora, executors, successors and assigns, jointly and severally, by i thes presents: z i1HEREAS, the Principal has entered into a certain written contract r 5 with the Owner, dated the 15 day of May 1990 i Bonnie Brae 12 Waterline - BID 01107 - pa u- to which contract is hereby referred,to and made a rt hereof as roll and to tba SAM :erteat u if `copied at length ber MM*, 111 PORE, TU CONDITION-OF THIS `OBLIGATION IS SUCH that, if'the @Aid'Principal shall pay all claimants supplying labor and material, to his or a subcontractor in; the prosection of the wort provided for in said contract, then, 'I to remain in full force and effect; otherwise on shall be void ti ' • obli this ga PROMED, HOMER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil.Statutes of Texas as aaeoded by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this ,r bond !hall be determined in accordance with the provisions of said Article to the same ascent as if it were copied at length herein. PB-3 -r/{1 i FF Suss , for value received, stipulates and arras , that no sna a I s,,. or to, the addition to s ih6 tern oft dravitn;a accooipiay#n~ j workp~storsed they re, on or or the ficatioas or . the aiMich of a ~iuchs atfs t,ita obligation on this bold, "sad ,,i'tr dcs hereby eunderundar, ' Ytension of ti" altsration. or addition 'to the, v toM of the contract or to the work to be perforasd thereunder. . , IN HIT10fE.SS WRERE0!p the said Principal &vA Surety hive sip, d' and . sealed this instalment this 25th day of May , 1990 Hasty Fowler Construction, Inc. Fidelity d Deposit Co. of Marynd Principal Surety , By 3?& )Inv Title Ricky Fowler, President Title Diana Nichalik At"toraey-in-tact >j f Addrais 106 West 35th St. Address P-0. Box llli UP Angelo, iezas 16903 San Angelo Trxhs.' 76942 ~l 777t . fT. ~ ~ 1 1 I (SEW (SM) +i i :}tY. 7 `o YJt ~+:"t 1 i The nans 'and address of the lasident A`snt of,Surity ist. Fieid, Stewart D6iliyer•' t r 11-i Sap Angeloj Texas lb902• t,' ' O'j 17 ( f a~ t♦F f - tr r `cis Y , ~ , F - tr 1 , , l PB-4 Q; 0692b z, ~ ~ t1.J - fF 1 f~y ai ♦i ti O.z I, t i i 1 , _.r C Tarn. i The FIDELITY AND DEPOSIT COMPANY OF MARYLAND D FIDELITY AND DEPOSIT COMPANY , CORtQ.Ytier HOME OFFICES: BALTIMORE, MD. 71203 r' r POWER OF ATTORNEY Know ALL NIEN B1' THESE PREa'EYN; That the FIDELITI' A.%D DEPOSIT COMPA.\YOF?4AnL1LND, acrd the FIDELITY A.No DEK61T 0)%'Pt\1', corporation of the State of N"land, by C. N. PECOT, JR. , Ytce-President, 1 and ti. W. ROBBINS Auistant Secretary, In parsuaam of authority granted by Article VI, Section 2 of the respective 8),-Laws of u1d Companks. winch are art Ioeth oa the mere side hereof sad an hereby certified to be in full force and effect on the date hereof, do hereby ttominate, cowitute and a ' t Robert L. Fields, Don W. Stewart, Roger N. Doiliver, Herbert R. 8e J. Na 11 Hu21ng, Halter N. Rodgers, Marie Walter W10a K a Us, AUK I as w aseo •[n• a e aecu , v , as tore , RW. am on "A Dtaw " and a iu act and deed: any and al l bonds an ertak .EXCEPT bonds on behalf of Independent Executors, Community Sur s an pity Guardians...... c A7rd i:eeuttoo or undertaking of t► shall be as binding upon mid Compaa&s as fully and amply. to all Intents and purposes 10had bee ezecuted and acknowledged by the rquiarly elected officers Of the respecth'e Compsaks at their Bah' d.. in their owe proper perane. Th i s pore r o f attorney revokes that issued ° half best L. Fields, etal, dated, November 12, 1987. IN WM'FSS WHUEOF, the said I nt Secretaries have herewto rubscbed their nartsea and affixed the Seals of the said FID'DDYOFMAHYIAVDand the F1DELITYA.VD DEWrsITCospA.\Y thin 17t r„tu , A.D. 19fl8_, ATTEST: Y AND DE"If COSIPANY CkRY ZP A- i~ a0' Ykr eet ` j~ t 1( FIDELITY AND 7 GQ Al", 41 L 4 ML ELY As iraar STATE OF MARYiA.VD Secretary ti7a- _ j f 7 CITY Or B ALTLMORE : r r 0. tkla 17th' day ci June . A.D. 19 88 . bdon the admm&w, a Notary PA& at the State of Marri&4 la aad lot the City of Baltimore. doh wanbdooed Ltd q"W, 4 erne the obovs-0amed Via-Prenidrta sad AsaitLat Seaetaris of tL FIDELI• TY AND DEPOSIT COMPANY OF MARYLAND sad On FIDELITY AND DEPOSIT COMPANY, to tee peeroeally laows io be the ' $ t iodrvWrab and *Mein desv4ed herein amd who esentd the prenediag loetrtmea, sad they each Adtaowledgtd do ezea~tioa at the gamer and beity by am daly ewon. eevera0y sad rod for hkmW depanelt and aalth. the they an tie mW o18Dere of tie CmImake Joraald, ' & acrd flat the stab a192 ed so to 1 &0 6stet,seat an de C rpora4 Seal of mid CDmpsnke, ad that the acid Corporete Seals ad 5 { _ tbeir e4osteves u rode oHiom ware doh ef5ssd Lad tebsor0 +0 In tie mid werva art by do I athor* and diectba of the mid CatparadmL t IN 'PEWhet1NY WHEREOF. 1 have berwrato set my hand and a[Cnd Of4da1 d , Prat shoo written. . 4 My oommGdoo ay;rra July 1 1990 CERTIFICATE 1. the tnderdgd Aaebtaat S«rnuy of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY ANND DEPG6IT COMPANY do hervtn catty that the orleaal Power of Anormy of wW& the Lrydag 4 a fell, tru sad eonett copy, to to toil Swat and effeM on the date d thin certilka4; sad I do fnrthe rectify the the Vloa-PersFdmp wbo exacted the mid Power of Amery war Vke• k Pmldean specially aotiortud by tie Baud of Directors to appafet say Aox sty-6-Tad a providd L At" V1. Section 2 d the nepecdvr By-1 two of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND sod the FIDELITY AND DEPOSIT OOMPANY, 1 I nk oertiBra4 may b alyaed by (aedmia soda red by rathcrity of eeairLre d the Bard of Directors of the FIDELITY AND E H • - DEPOSIT COMPAN Y OF MARYLAND at a ttseetiy daly nBd and bdd oe the Jki day d fah, t%9 Led d the Board d Directors of the FIDELITY AND DEPOSIT COMPANY at a needy ddy caW aad haW on the W Tay of Nerraober. 19M r, RESOLVED: 'That the hakm a or nedaekaih epaduoed d "wee d say Anb4at Secretary of the Campy' whether made hereedcrr i at htetaher. whomever appwine apoa a certi(id copy of say power of a tl0reey tiered 61 the Company. shag be valid and blodity ►pa .r the ODmpaay with tie mme horn aed ehfsa as tlb t meazaOy alfWd." IN TESTIMONY WHEREOF, I Aare h.+eanto eubaert *d fey Satre and Lifued Ile meponte U &'S of the mld Corspaaks, fhb -2-it1L_day of - MAY 19_QD. + ' 168-6756 rlufstant Serrettary • . j ~ rr , ° , i•,±y', , rte. , EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND' "Artiek V1, Section 3, The Chairman of the Board, or the President. nr any Executive Yin-Pre Ideal, or any of the Senior Vice-Presidents or VlmPresideau specially authorized on to do by the Board of Directors or by the Executive Coemmittee, s' shall have power, by and with the concurrence of the Secretary nr any Oct of the Assistant Secretaries, to sppoi a Resident t Vice•Preeldents, Assistant Vice-Presidents and At torneys-is-Fax{ u the busirtas of the Company may require, or to autiwrtu v "y person or pemoru to execute on behalf of the Company any bonds, undertaking, recagotsances, stipulations, PoScieb, wntracta, agreements,' deeds, Ind 'r leaw aM assignments of judgemeab, decrees, mortgages and instruments in the nature { of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY {'Article VI, Section t The Chairman of the Board, or the Preddeot, or any Executne Vioe-President, or any of the Senior Vlee-Praidmts or Vke-Presddents specially authorized a to do by the Board of Directors or by the Executive Committee, H a shat) have Power, by and W" the toe>tvrrence of the Secretary or an we of the Assistant p to - Vke-Presidents, Assistant Vier-Presidents and Attorne-fn-Fad as the b onudrkm of the Company appoint uth ot oriy may require, or to authorize say person or persons to execute on behalf of the Company any bonds. undertakings, recagalt'k X M stipulat ms,. polietes, oootracts, agreements, deeds, and releases and asetgnments of judgements, decrees, mortgages and Instruments In the nature 0f mortg{{g's ..:and b atfiz the snl of the Cori{pany thereto." ) 1~ r { 60 i ttl;rS.".'. t 44 ^i yc 1- s ~ f y .fit' ! ~r• Y. ; , 1'. l I,1,1etAJK"1.~a:Y/l~^~MrYU.+wnnwrr~,. t „~.r ...u _ 411 F: r WNTENANCE BOND r r. STATE OF TEXAS X f COEJNTI OF DENTON ) C i t KNOW ALL M BY THESE PRESENTSs THAT Nasty Fowler Construction i Inc. as Principal, and Fidelity 6 De nit Co. of Maryland a Corporation authorized to o usiness in the tote o Texas, as Surety, o hereby acknowledge themselves to be held and bound to pay unto i the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sun of Eight Thousand Seven Hundred Fonrty Three a 75/100 Dollars a 74 .75 , lox o e to amount of We contract for a payment of which sue sal pr ncipal and surety do hereby bind themselves, their successors and assigns, jointly and severally. I I This obligation is conditioned, however, that; WHESFA , said Hasty Fowler Construction, Inc. has this day entered into a written contract t City o Denton to build and construct BID # 1107 Construction of Bonnie Brae 12• Waterline F which contract and plans the specifications therein mentioned, a opt e. City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein Ly reference and made a part hereof as though the same were written and set out in full herein, ands 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 per-Jod 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 defao-tive condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the sass or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the ease against the acid Contractor and its surety on this obligation, and said Contractor and surety shalt be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the tares and provisions of said contract and this bond. 0093b !SB-1 t t 4 k FA r NOW, THEREFORE, if the said Contractor shall perform its ' agreement to maintain said construction and keep same in repair for the maintenance I` 3 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 t force and effect. 1 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 anouat of this bond shall have been exhausted, and it is further undera.-Jod that the obligation to aaiatain said work shall continue throughout said.. j maintenance period, and the sage shall not be changed, diaiaisbed, or in any manner affected from any cause during said time. IM WInMSS WHMOF the said Hasty Fowler Construction, Inc. as Contractor an inc pa , s caused these presents to executed Ricky Fowler J and the said Fidelit and Deposit Co. of Mar land as surety, has caus epresents to execut by its Attorney-in-Face Diana Michalik and the said Attorney-in-Fact has hereunto net s n t y of may , 19 90 . this SMT13 PlaNCIPAL t ylaad N2ALv Fowler onnc. ; , - ay~ Diana Mfc ik Ricky Fowler, President Attorney- -act „r ' J f 1 i t ~ MS-2 i 0093b , { r ' I i i CIGa I, ;ti The FIDELITY AND DEPOSIT COMPANY OF MARYLAND G e D FIDELITY AND DEPOSIT CONIFANTY Cornparties HOME OFFICES: BALTIMORE. MD. 21203 ' POWER OF ATTORNEY ' KNOS ALL NIE.N By THESE PRESENTS: That the FIDELITY cND DEPOSIT COSSPA.VY OF NIXR11..01). and the FIDELITI AND DEF41S[T Co~rntiNl, corporations of the State of Nfaryland, by C. N. PECOT, JR. , Tice-President. and C. W. ROBBINS Assistant Secretary, in pttnu■nce of authority Ranted by Article VI, Section 2 of the respective By-Laws of said Companies, which an set forth oa the re%"w ride hereof and are hereby certified to be in full force and effect ou the date hereof, do hereby nominate, constitute and ■P 'nI Robert L. Fields, Don W. t Stewart, Roger N. Dolliver, Herbert R. He , J. N II Huling, Halter N. Rodgers, ?facie Halter an e A -H Anval - _A eg e a afro aeyta- a rac to rrcu IV PM _Aq ME11 , v EXCEPT a, bondoa ■ ■s sue r. and a, its act &M deed: any and all bonds an ertak' s on behal nitq f of Independent Executors, Community Su s an Guardians..... . AM UK exeCULM o or uaderurba of u, shall be $a bhAw upon said Companies, as fully and amply. to all intents and purposhad executed and acknowledged by the reTtelarly elected of xere of the respective Companies at theial ' , d., in their o%m proper' persona- Thia power of attorney -evokes that issued f obert L. Fie lds, eial, dated, November 12, 1987. IN tTNtss'WHEREOF, the said ftt t Seeretar6 has* hereunto subseribed their names and affixed the Corporate Se■h of the sold FID si'of ALUtY1AND and the Fimrff A.YD DEPOSIT COW. A.VI this r„ne A.D.198B_ X77 Ai.m j~ /QTY AND DEPOSIT COMPANY 0111, l A o- 1S e-uA B (J~~ Setreeary y y^ FIDELITY AND DEP(~(T CO ANY 2a~$%tee B t Aeriar.nr Secrearp r t7cr nddmr STATE Of i<(AAYLAND - CITY Of BALn%ME f S,: Oa tbis 17th day of June A.D. 19 88 , befees the sobsaiber, ■ Notary Public of the Stw of Marytead In coed foe the Cky of Ba tImm, duly oora= riomed mad gaaVied, cams the above-wW Vloe•Preddewts sad Awdaw Secretaries d the FIDELI- TY AND DEPOSIT COMPANY OF MARYLAND sad tha FIDELITY AtiD DEPOSIT COMPANY, a mw peraeally ksawn to be the Individ■ab aad dfAxn derr,bed berde mad who esatased tha peandiod iew%xieot, and they each ackeowWaed the aseeetim d tba same, i and brio by ma defy swop, severally tod rack for kleaell depmeth and mkh, that t►ry an the Laid a im of the Compaw" afore " their si feamna as wcb odors were alfasd and sthbaarbed to the the uldd lastr n by dw owlKrky and dkfttioa of theaWaid oCepor stloes. IN I ES I MOYY WHEREOF. I ban hreaaw sat my haad and -Stec any Offidal d al Des the day year ! fat above written 1 NAY my oommissioo ezpb July 1 1990 1 CERTIFICATE 1, tha tteders4W Ankut Secretary cithe FIDELITY AND DEPOSIT OF MARYLAND mad the FIDELITY AND DEPOSIT COMPANY do hereby «rtify"the oe4in 1 Pare of Atm "d wbiels the kv%v6a 4 a hl, vw mad oorrad effect on the date d this rani Ant,, and I do hrtber copy, 4 fall fora and Ott* that C6 Yta.Psny who ereruted the said Power of Atawnmey wen Vkx- Presidects specially awhori" by the Board d Dkectan b appoint amy Ansney4n-Fan m pe"Uw is Article YI, SeeBe l of the mve Live By-Lows of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, This «nliate may >k s4W by facdcula made: mad by autbmity of resohNow of the Board of Dlraetoes d the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at ■ weed" de}l, e" sad held om the 166 day of 1*, 1969 mad of the Board of Directors at the FIDELITY AND DEPOSIT COMPANY it a meetbhg defy axed Lod held on the tad day of November, I9•i8, RESOLVED `17,at the faahale or aeaclaaialy rtPrt+duoed sismatn,e d all Asaistaat Secretary of the CmhP.ay, whether asede hwdofm or banalter. whenever appearfol mpoe a Bert" Dopy of any Power of anoney lamed by Lb* Company, sbal he ftW mad binding upw the Caepaay with the same ferot mad effect ae thoe{k aamually a&ed." 1N TESTIS1O%Y 'W'HEREOF. I have hereunto sabwr*wd my name sad dined the corporate grab d the said Companies, this , 25th day at Nov 168-6756/ s; . h FF ' r-ar,aa EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND y "Article VI, Section 2.7be Chairman of the Board, or the President, or any Executive V ice-President, or any & the Senior Vita-Presidents or Via-Presidents specially authorized a to do by the Board of Director or by the Executive Commmittee, shall have power, by and with the concurrence of the Secret an any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-ice-Fart as the busioem of the Company may require, or to authorise any Person or persons to execute on behalf of the Company any bonds, undertaking, recogairanem stipulations, Policies, contracts, agreements, deeds, and r'o.,%sea and assignments of judgements, decree, mortgages and Instruntenu in the nature 1 of mortgages, nd to affix the seat of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2.71te Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior V6, presidents or ViccPresldrnts specially authorised so to do by the Board of Directors or by the Executive Committee, shall have power, by and %ith the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorney's4n-Fact ss the busLxas of the Company may require, or to authorise any person a persons to execute on behalf of the Company any boods, undertakings, reoognitswes, stipulations, poGdes, contracts, agreements, deeds, and releases and assignments o1 Judgements, deems, mortgages and Instruments In the nature of mortgagr,,..AM to affix the seal of the Company thereto." i f { t1 ;j I % r R~ . - i . I n J r i. h~ k, r F t „ ~ Ltrr+Krx~.re ~ • ~ .fir r...........-...~~.~~.r.~................... w,.r....., a..war l:yrMAMlra,a t~lsarrc~wre~..w..+..~~-- , i , .t 1 M"i .i Il i CITY OF DENTON INSURP.NCF MINIMUM REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work Li completed and accepted by the City of Denton, O%ner, minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS OF LIABILITY 1. WORKMEN'S COMPENSATION STATUTORY II. COMPREHENSIVE GENERAL LIABILITY Bodily Injury $3000000 5100009000 ~ Each occurance Aggregate Property Damage $1009000 Each accident III. COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury $300,000 51,0001000 Each person Each accident Property Damage $100,000 Each accident A. In addition to the insurance described above,, the t~ _ Contractor shall obtain at his expense. an OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY with the following limits: r, BODILY INJURY PROPERTY DAMAGE $300,000 each person $100,000 each accident $300,000 each accident $1,000,000 aggregate k Covering the work to be performed by the Contractor for the City of Denton. B. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate + described on the following page to the City of Denton for its approval. Insirance must be accepted before commencing any work under the contract to. which this s insurance applies. The City of Denton will be listed on all policies as an additional named insured. #0399c 1 Fir "1. 3 dEw bin Ilai~oD~rq ! 1. CERTIFICATE OF INSURAPIC t . - • . . _ , ~ ` r i 06-06-40 • MO~ICt# mr DARrof$rATE M Is 'MA Ae A MATTIA M UKOONSAAM" DNLI! AyD QON/l>!i S NO MGMT# U" TMe CEAMCATF F1opgk flee CelkwoCATi DOA O AYEND, t fields ieevart Dolltree SMI+oo1 AMR TM COYM49APPOPMGYT►~cft-%99ti6aftoW _ . r BOX )III Son Angelo, Texas 16902 COMPANIE4 AFFORDING COVERAGE s Ion owlrun Deer nleeote ` A,. Transcontinental Insuranee Co"nr, { COWMY moo" Unl11 _ • ! Continental Cewalty 8aecy-Fovlsr ConMtCJCtiOn Co„ Inc, ~ F.ErI C 106 West 36th street Cowan, lEr1EA San Angelo, Texas 16903 r Ur MA Y E TIMa N TO CERTIFY rMAT THE POLICIE_I Of MSURAW# LtMoi aIYE SEEM I& SUED TO TH9 N7tMU MAVIC a A*44 FOA 1 A Fpy ~Rqp MUTED, NOTWITWAN004 ANY REW RUgNT TERM OA OF ANY GGMTRACT oR *MIA 00cwt?a ISM wwwMimack CERTIFICATE MAY aE UU10 ON MAY ►ERTARL T4 MaUMT A AMOAM aY"ROL1CIEa DE$CRMED HIAfM' 't TUMTCT T Alt TK TEAW. M.U11ONS AND CCNLYTIOMa OF INCH POLICIES LIM MOWN MAY HAVE IEEM REDUC1o aY PAIO CLAN* r POII[1' VtLCTYEe I! ~fSIM Of A11tl AAM4 POLICY IAlrACR I OATI'MYDOeYY1 Ij rATil M~400+Yr1~ ALF ~ilrT$~.T' i WeAR1. - _ . ! - eEM1RAU lOLAEOATe 1 200.', A r,K :COVwApI+AasAaLIWITY I M%vMvr .'wnwEASOASilm,1 100006 X '044A cr. 6536031 103-16-90 03-16-91 relhoiluElaveArito~r;AafiT11 1L000 owwa et ODMenC1oR 1 FMOr: ~ e.c+<ocowwel _ _ ~ i 14,110006 ' - , ( me owrcE wr.~ H e S0,• !wioli. ow.E UAMMY I _ i rcoKx ivolw i41r w /M:Mf lli i, ~ 1 o0r,weRO ' ' e :L 1.400.' 6 +11,w.rAVtD I LUT - I ' ALLOMT,tDAIITO! tiCDiY _ I . ' MWAIAA~Y . r IpfOlArs AYTOe ' E X r« ~ i i ~Y jlwlrAVTOe BUA6536836 03.16-90 03-16-9I ,wo r E ' 311 OAAAOeLurvna ~ TV t ~ itrMKUMaINfY ' • ~ ' AOOA~4n ~ , ~ Of1El1 TlWi l~iellA FOAM ~ { . r F.' S rrei44A'IOOrEiINAroM ~ _ - _ - . _ ' pATVTOIM ~ F. L 500, 11!a~?I AN 1 106536135. 03-20-90 03-20-91 J001 E1VC110011' RAM" 41001 ' _ _ _ I e SOOt (?~eLAEt-f+Kx..... 1 . 01CRyflor a orcAAnewstiaocATalanbSRL$AIiS+MCrgla~Lrecw mw!- I . City of Denton Additional Insured on Cenersl Liability and Autombiis Insurance T -77... C L w.r City of Denton SHOULD ANY OR TMEzAaOVIN OEaC K* POLICMI of CA+IMUP et*AS TM ` 90I - s- Texas Street VOAqp DA76 TWUMOR. THE MPA* ~4W WILL thWVIOn To Denton, Texas 16201 MAR 30 DATA NIAITKM MOT1C1 TO THt CEA WAT'E MMP WAKO To nd LEFT, BUT FAILITRI TO MAIL IRON NOT49 VAlL Mtos1 No oKdA" OA i L"UTYOFANYIONT) UpftTMg Arnow"" lese . 1'ielda ~edart 1 ivie ~ e u till - ACM?~Ll-Am --r,~.-... I•........_Y.w~... Ab011000IItOM,TiOMTIq 1 . / M1 1 + f F R11.:c M" MATE Of MURNXI N XUOt M CERTMATE 000 N0T AM D. • NO I WATI W~O`I TI T14 CCAPF CAU AL TA fields $tlXllC DOlI ivt! WM pRKnq M WeERA.EAFF00"D AY TUE PM448 KLOW 240. sox 1111 _ gap Mge1o, Texas 76902 ' COMPANIES AFf0An1N0 COVSRA01 ~^u A Treascontinantal Insurance Coapaay t eo! %V6.0001 Musa - _ j fA~~ ~ City of Denton i c0Y1AMt 901-3 TexaN Street Lirm 0 Demons Texas 76201 - ?YElIIl0E3 j i T1l/ I I TO otyRY Y THAT TNt POL OIS OOFFWPAN0t USfnQ&D *V.4DM( ISAv! KU L j&40 TO TK 0 ~Ay~p AlGvt IOi1 Tf1t rOUC Y ~(T~~paQ~ l M40 IAFPQ AAyIiA D [M ~E U 09 W5~0 11 It VNEOT~Kt URMS, . Uf101ta+PWA ppPpl~ T pNS Et CMa►rTAJVTTk p A&A Tyre b wwuMt! ►ouet lulnefl UAW= sATE MlLaar"n ' Au ►rTS GEweI1At 1IA11Ller i eaan~c AO011lMti ~ ! , i OOMYr11064 OL«t11Al I,IAltlJTt ~ . N~QO'XTIGallASe ►A6M6ATi, e i . ' A AW fAAOf OOCu0. II I11I ~ ►aM0i14f. ! ADviRTgYla iM1A♦AT ~ 1 . _ . ew+4TF f OONTf1AC/0a a Mqf. I I [A;,f oOSUrMEMCI i t • i ~ rry cAVAO! p'w, a! 4* j ! waeAL eApr1l1 W... MIT01IleIIa 1Awn~ { . w!N . ! i ;NaOrowros I j,' J #0+w° Y 1 "No" A001 , AVf a f r!"0600 a"" r yANI,TV r fMlf>t 1►A~IUrY _ { _ to y[ " 140 To ~ , la I errfsn T,aw urft f A raw - < Ia~sAyeelrawATla1{ ,U* ANIe 1 O Add A0d01r1~ j Y! .•••w.•n -+w..oMI.I t rN and Contractop 6536639-1 10646-90 -06-91 CLnsral ASSrepte 20000, rateetlon Liability, Oecurlaea 1,000, ►nlr of OrMUbbMI►OCATgMa VpYttIMRpTwGTWMfA1EWi "So star !laid Construction City of Dantnn, Hasty-fowler Construction Co., Inc, } :ty of Denton S II10UL0 AMY OF T1M1 ANO1'E DElOfIf110 IOIIGtN K EAF10lLLID MF01111H/ 11.4 rem S t': a a t EXP MTVDATe TNI IIEp/, THE "PO4 WWAW WU DWAVOR TO } Who Texan 76201 WII DAYS W"mN t oru TO THE el"VICATY HOLM rlAwltO to THE ' U", NUT IANVFA TO WIN SUCH NOTICE V%U M"M NO 0 .70AT10N OA LI WYV OF AVIV ON TM 0"ARY, AOaMT1011 UP1d*1RtAtNt1. ~ F AYTMOA Tla Air i Fie N Stavart DOllive p . .r J 1 ~ I ` , CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to worker's Compensation.) ' I 1 NOTICE OF CANCELLATION: Prior to any material change or cancellation, the City of Denton will be given 30 days advance 1 written notice mailed to the stated address of the Certificate Holder, City of Denton. 1. CONTRACTURAL COVERAGE: (Liability assured by contract or agreement, and would not otherwise exist.) The I contractual liability requirement shown on the reverse side of this Certificate of Insurance under j Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligg~ations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 2. CLAIMS MADE POLICY FORM: Required period. of coverage, will be determined by the following formula: Continuous coverage for the life of the contract, plus - one year (to provide coverage for the warranty period), and a exEended discovery period for a minimum of five (5) yeara._.which shall begin at the end of the warranty .T period. s 3. FIRE LEGAL LIABILITY: (Required in all contracts that ' Involve tfie occupancy, construction or alteration of City-owned _ or leased facilities.) Insurance is to 1 cover buildings, contents (where applicable) and permanently - installed equipment with respect to property damage to structures or portions of structures if such--4&*&ge 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. ~ E I Jt CI - 4 PF, r a h ~ NOTICE PLEASE NOTICE CHANGES IN USUAL CITY OF DETON SPECIFICATIONS, PAGE SC-7 SAFETY RECORD AND SUPPORT SYSTEMS INSPECTOR. p .1 b ohw r yf t 1. i r F Ir IIi 1.~ x BID # 1107 1 r rf b PROPOSAL TO 1 THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF BONNIE BRAE - 12 INCH WATERLINE IN DENTON, TEXAS The unde signed, as bidder, declares that the only, person or parties interested in this proposal as principals are those naired herein, that this proposal is made without collusion with any other person, firm or corporation= that he has carefully examined the form of contract, Notice to Bidders, `pGcifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the _ materials called for in the contract and specifications in the manner prescribed herein and According to the requirements of the City as therein set forth. F 1 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. h 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 contemplkted, and that all quantities of work whether increased or decreased are to be. performed at the unit prices set forth below except as provided for in the specifications, It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. ` P - 1 FF BID# 1107 1ccompanying this proposal is a certified or cashier's check or } Bid Bond, payable to the Owner, in the amount of five percent of 4 the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner. reserves the right to reject any. and all bids. Owner may investigate the prior performance of bidder on t other contracts, either public or private, in evaluating bid id, Owner rmaych qualify disqualify proposals. specification bidder 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: r I ti i r t t i i. S F - 2 i. 7 x S L r~ 1 .4 r WORK DAYS 20 _ BID NO. 7 I Bonnie Bcae 12 Inch Waterline PO NO. } BID TABULATION SHEET ITEM DESCRIPTION ANTITY UNIT UNIT PRICE TOTAL 2112.20 12' PVC Waterline 31117 L! CO 2.12.9 20• Gauge 7j Steel Casin 58 LP M / 2.13.A 120 Gate valve 3 EA 00 2.13.8 on Cate valves 1 EA n qzA CO 2.14 Fire rant 1 goo 3-8 Remove Curb and Gutter 12 LP 9 8.2-A Concrete Curb and - Gutter 12 LP D /LP co DU 8 LF /LP `v SP-2 concrete Sav Cut 5.1-D Asphait Patch (Type D) 5 TON y/TON 3.10.7 Hydromulch 2100 Sy i Remove and Replace CAD i SP-43 Wite Pend 450 LP /LP Contractors Warranties C I 3J92 60 i 1.21 and understardi s - L4 I Barricading, Warning Signs i 8.1 and Detours - LS rwb SP-37 Excavation Protection 3055 LP Preparation of ' D 3.1 Right-of-Way - Ls y 2.12.8-8 Cast Iron Fittings 500 LB La / 7 /Lt J 2.12.8 12, Ductile icon Pie 144 L! 1 co j 9P-34 Pro ect signs 2 o SP-10 Rock Excavation ISO Cy YawCY 604 Boring 58 L! 7.4.5 Concrete Encasement S CY/cy TOTAL 00 2100 Sy x--0 / Q a3.10.3 Seedi Ang (This item may replace . 10. roue c P 3 r Fin Cl i t BID# 1107 'I BID SUMMARY ' TOTAL BID PRICE IN WORDS -~~o~ I A in the event of the award of a contract to the undersigned, the ' undersigned will furnish a perforgance proper bond and a for the full amount of the contract, to secureent bond compliance with the terms and insure and guarantee the work rountil n filial thcomp2 tion0and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. E " It is understood that the work accepted, when fully completed and ofini hed ineaccordancel with the plans and specifications, to 1 Engineer. the satisfaction of the The underai f i .gned:•certi Pies tha proposal ► t the bid .gave prices coat been careful wined in thi correct and final, carefully checked and are submitted as Unit and lump-sum prices as shown for each item I'i'sted in this proposal, sha11 control over extensions. < t BY 2 i 1 ` I Str`,' pal k I a seal i 4uthoriition e I (If ,J~F'Corporatiszn) ep one I. .r ~ I I t... t~ B - 1 J i .1 r ~ 1 k i HASTY-FOWLER CONSTRUCTION INC. 1 RICHARD HASTY 106 Wes! 36th RICKY FOWLER Son Angelo, Texos 76903 71 i City of Denton 901-3 Texas Street Denton, TX 76201 ATTN: Mr. Tom Shaw C.P.M. Purchasing Agent Re: Safety Record SC-6 Bonnie Brae j 12" Watermain , March 1990'•' Mr.: Tom Shaw. 11 This letter is to inform you of our Safety Record. 'As ;-4 y far as a record with OSHA, we do not have one. We have never received a citation or had an accident:' IE've -are l A r,r low ffice biddeforrwon whatever this er jisob, n we needed will' conllfil is s re OSHA- Y~ a v to fu ths 'require, meat. This is a new requirement for us. r 4fE have never f been asked to`submit'a report. I j 1 ~ r 1S r~ I ' Again, if we are low bidder we will do anything needed l to satisfy this requirement. ` f~ Thank you, t4r f Ricky Fowler r w# President k• Cheryl P. Etter n Notary Public for To reen County {t, State of Texas r My Commission expires 12-09-92 J~t/ + -~...«ati.rw..~..".: r. ,w awF.~.uai'M.t~aq~M1C , i r ' i r""" 7q I I .r HASTY-FOWLER CONSTRUCTION INC. i RICHARD HASTY 108 West 36th RICKY FOWLER Son Angelo, Texas 76903 { i City of Denton 901-B Texas Street C2nton, TX 76201 ATTNt Yr. Tom Shaw C.P.M. r` 1. Purchasing Agent Pe: Suppor. r Sysrenis Inspector SC-6 Bonnie Brac 12" watermain • 1Y March 1990 Mr. Tom Shaw: 71 Ricky Fowler will act as support System Insper.tor•for ~y; tik this job. He has lS years of experience in trench work, x! fie has attended training 'classes in trench excavation priitectien. He is kiiowledgable in OSHA regulations on w' t: r~ r This is a requirement that ,,ie have never beets asked tO "I tn> Jit" x~ Eullfill. If we are low [udder on thisve ~4il1 fuinish any and all material needed on this requirement. 4 1~f 'rte r Qi,. Thank you i asj Vickie Fowled Ti"_""L „ r ec yr r } , • 1 i ~ ~ ~ r Cheryl P. Etter Notary Public for Ton Teen County State of Texas s 1~}+ Commission expires 12-09-92 r d-, I . fI\ , 01- J~i~ 1~♦ h } f , I. fr 1T ~ • h r 1. ~i HASTY-FOWLER CONSTRUCTION INC,~ RICHARD HASTY RICKY FOWLER 106 West 36th Son Angelo, Texos 76903 City of Denton 901-8 Texas Street Denton, Texas 76201 ATTN: Mr. Tom Shaw 1 Purchasing Agent May 10, 1990 Re: OSHA form 200 S Mr. Shaw, z r This is to inform you as to what the OSHA office has is told me. I called the local OSHA office to request ~ I ' the form 200 S. I was told that you cannot request h this type of form. The OSHA office sends this form at random to different construction companies; and, I A they return the form to the OSHA office. We have r s never received this form, andI cannot request itr. 'If there is anything else that I can do in regard x to this matter ,,just let me know, , Thank you, Ricky Fowler , Pr esident 41 :',ter! Cheryl P. Etter ` Notary Public for Tom cen County State of Texas , + rr, My Commission expires 12-09-92 g" , A 1 1 „ y r Y r 'xv gyp;,'' ! r n +f ICITyiIiIIIIIIIiii COUNCIL r\ a ix~ r # `,k, v s ~ia~ i r 4` O 1 0 `yt I \ aye ` O O Id - 6r ? ~ ~t0 i;~. . i 1 r `r f 1 . rn 4 c ` 2844L f f i AGREEMENT BETWEEN THE f CITY OF DENTON TEXAS AND HELP OUR; P90LE'. GE F (110PE) i This Agreement is hereby entered into by and between the City of Denton, Texas, n Home Rule Municipal Corporation, (hereinafter f referred to as City) and Help Our People Emerge (HOPE) (herein- after referred to as Agency); WHEREAS, the City ~s Human Services Committee (HSC) has re- r. viewed the services of the Agency and has determined that the Agency performs an important human service for the residents of I 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 j 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; j `Y NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES F The Agency shall in a satisfactory and proper manner perform the following tasks: i ' A. Provide long-term counseling for budget and employment planning. r B. Assist each family with rent, utilities and food for a J; period of thirty (30) to ninety (40) days. i lie OBLIGATIONS OF AGENCY 4 In consideration of the receipt of funds from the City, Agency k.: agrees to the following terms and conditions:; i A. It will establish a separate bank account for deposit of r% the Five Thousand and do/100 ($50000.00) 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. ency shall not commingle funds received from other sources in + i f ; t~iis account and shall not utilize these funds for any other purpose. r - B. It will establish, operate, and maintain an account system s _ for this program that will allow for a tracing of funds and a review of the financial status of the program. t f 0 ~ ~ J(4..w 61Y J.L 14v •..•.s..a.+..~-........•u w~v+•a.w~~w w✓~w..wsw~nrr++ 1 k _ 1 .T 4, r 1 i • i ` C. It will permit authorized officials for the City of Denton j i I to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amend- ments, 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 I to refund the balance of the special account to the City of Denton at the end of the Agency 'a 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 shell be promptly reported to the Executive Director of Finance a or his authorized representative for further direction. j , H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. j - I. It will indemnify and hold harmless the City from. ;'end 4 all claims and suits arising out of the activities of the ..aency,t its employeas, and/or contractors and save and hold tna. City: J Y harmless from all Liability, including costs y . expenses and attorneys fees, for or on account of, any claims, audit excepp- V tions, suits, or damages of any character whatsoever resulting'-1n ~>4 whole or in part from the performance or omission of any act of =t any employee, agent or representative of the Agency. ` J. It will submit to the City of Denton copies of year-end 1 audited financial statements. III. TIME OF PERFORMANCE F The services funded by the City shall be undertaken by the e* Agency within the following time frame: October 11 1990 through September 30, 1991. i IV. KIM OF PAYMENT 15 A. Payment by the City for services provided hereunder will 1 } be made as follows; provided, that Agency shall request said pay- y went by letter addressed to: City of Denton, 110 Nest Oak, w, Suite 8, Denton, Texas 16201, Attn. Community Development k, Coordinator:;. PAGE 2 r ' i 1 ~ . r I 1 1,250.00 on or after January 1 1991 1,250.00 on or after April 1, 1991 1,250.00 on or after July 1, 1991 ; 1,250.00 on or after September 30, 1991 B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Five Thousand and No/100 Dollars ($5,000.00) for all of the services rendered. It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the City of Denton. C. The City shall not be obligated or liable under his coa- i tract to any party other than the Agency for payment any monies or provision of any goods or services. V. EVALUATION ; tics ate in an implementation and The Agency agrees to par p maintenance system whereby the services can be continuously r1 monitored. The Agency agrees to make available its financial i records for review by the City at the City's discretion. addition the Agency agrees to provide the City the following data andfor reports: A. All external or internal audits. Agency shall submit a rF, S copy of the annual independent audit to City within ten (10) days of receipt. r 8. All external or internal evaluation reports. t ` z QL C. Quarterly performance reports to be submitted in January, ; e + t's. ~tG} April, July and September, to include the following data: f z } 1. Number of active volunteers. i t' 2. Humber of volunteer hours served. ' 3. Number of stations in which volunteers serve. 4. Number of families served. l t T 5. Length of assistance for each family. W, 6. Disposition of each case. Y~.} D. Agency y shall submit quarterly financial statements to Cit , ±n January, April, July, and September. Each statement shall include income and expenses for the preceding quarter. 6 i k fr t. - r PAVE 3 1 c J11,. .~.,r.r.+...rvr✓.~~'r'+w++~l'ii11:MVi'av%NIW.•Ai~K , t u 4 r' • I ;f 1 fI I q1 VI. DIRECTOR'S MEETINGS During the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. Minutes of all meetings of the Aggency'a governing body shall be submitted to the City within ten (10) working days of approval. v' VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments E to the Agency, in whole or part, for cause. Cause shall include f' but not be liLited to the following: A. Agency's improper, misuse, or inept use of funds. J B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency 'a submission of data and/or reports that are incor- rect or incomplete in any material respect, or 4 D. Appointment of a trustee, receiver or liquidator for all or' • a substantial pert of the Agency's property, or institution', of bankruptcy, reorganization, rearrangement of or liquidation pro r..{ cesdings by or against the Agency. E. If for any reason the carrying out of this agreement. is ; -,f rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in ; writing, as to conditions precedent to the resumption of funding " and specify a reasonable data for compliance., In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- r o- Hwy' stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY { 1 y A. Agency will submit for City approval, a written plan for> 'r compliance with the Equal Employment and Affirmative Action P 3 , Ix Federal provisions, within one hundred twenty (120) days of the effective date of this Contract.' C t ,6~ > .,kM , f ,t r>,;' 1 PAGE 4y / p 4 ~ I 1 , r.r+.~.wr•-~.. _ r.~.r•.r -+.«rH•N~:M~✓=.~r.`.vHq~C3TA~., ' r ~lt~ , r f . t } r 3 F 1 i fwurra with all applicable equal employment B. Agency shall comply regulations, oppor laws or rag tunity and affirmative action C. Agency will furnish all information and reports re ueste records, its books, permit d by the Gity, and will access to ascertain compliance " accounts for purposes of inveatigaCion to E te and Federal rules and regulations. j , sta with local of the Agency's non-compliance with the i1. In the event cancelled, and the Agency may non-discrimination requirements, the Contract may b terminated, or suspended in whole or is part, be barred from further contracts with the City. E 4 ; IX. CONFLICT of INTEREST { member of its t A. The Agency covenants that ne interest,n direct or indirect, governing body presently has any erformance i manner or degree with the p which would conflict in any performed under this Contract. The of services required to be p pp appointed as a I J Agency further covenants that: i the beremployed or this Contract, no ptraon having such irate overning body. member of its g its overning E B. The Agency further covenants that no meeseshall possess any or its staff, subcontractors or emp loose that is or gives the body interest in or use his position for s P p private gain for him- appearance of being ivated by desire for those with which he has family, others, particularly self or , or other ties. and no member business, loyeae of~ado t or responsible- ~ member, or emp s ny ou t who exercise CO No officer , of the undertakin or carrYing to of its governing body roval o ' hiss in the review or ap decision relating tract shell (1~ participate 1 int rest or the interest ,5 =f4 of this con which he hAs r association hisartnerships o person on,apfecta in the Coateoac °ratwhich interes direct t, direct or in any t or indirect interest; or (2) have any 1 S proceeds thereof. in this Contract or the . rect, TISM t' X. NEB--- person who is E in any paid capacity any . Agency shall not employ ersons overning currently yAgency` g board. { ; f a member of the ~eoxaia a~nember of yr` employed by Agency, includes: wife, husband, y , laws, er uanto ad t l The tern "member offather, f b other, sister in half-broth tep-Parent, steQ-child, ~E h nephew, nmothers iece, s unc~e aa is half-sister. y Y~~y * 1 ,I I ^ ~'rif Syr PAGES _l Y ~~~r t ' .www~.s.stY76+N`".,~►ay„flY,l[1YF/lti!►VK~: ! i ?i•~_ MINIM Ion Y IN WITNESS WHEREOF, the parties do hereby affix th r signa- tur s an enter into this Agreement as of the day of 1990. f CITY OF DENTON TEXAS r r S ATTEST: s JENNIFER WALTERS$ CITY SECRETARY I 'E gFYI' f BY: APPR AS TO LEGAL FORM: DEBRA A, DRAYOVITCH$ CITY ATTORNEY 'i BY., \°G HELP OUR PEOPLE' EMERGE (HO1~E) {Orr Y ~ ! ^ F 1 S RC r t r}~ ' ATTEST: , i I ' pt v METARIf 4f 4 PAGE b C i ~ o'i r i~ Y rY. -....~.o.......a,ra r.... .....~eKYw.r.Y 1 d : S a ; , _ wu.-.w.a.;2e+t+W.b.e\ Yh.AiU~1,t1►H ~ - r - FF M+ • RCITYM COUNCIL y T. IIFT e 1 1 1 + dr= V t rti k 1 ~ F ' { 04. A I - , Os ~ I~1 ~ 1 a . Q 1r4r~~~1~, 40 oil d.. R r III .rf OZF= r . f'. bt 4 r r.. Af > . , S 7% t F t r~ ,y . THE STATE OF TEXAS °I § AGREEMENT BETWEEN THE COUNTY OF DENTON 6 ..CI F DENTON AND i The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City"Iacrvinti,ngheherein by E and through its City Manager, and Chandra G. reinafter { •.alled "Consultant," hereby mutua:ly agree as fol,lows; I. SERVICES TO BE PERFORMED: City hereby retains Consultant to perform the ere nafter designated services and Consultant agrees to perform the following services: A. Conduct eight classification studies of the following ff~ positions: Municipal Court Administrator, Assistant Court Clerk, Utility Reorganization (Energy Management Division), Animal Control Supervisor, ' Animal Control Officer, Planning Technician,. tr. Engineering Tech II, and Meter Reader., 1 S. Specific tasks of the study will include sitio r ''t audits or interviews with supervisors and incumbents, v reviewing and revising job descriptions and job Q evaluations; and making final reports to, the Director a of Personnel /Employee Relations on the rsults of the studies. C. Availability of City Resources: 7 City will make ~ available to consultant the following; 1. Copies of pertinent job descriptions. 2. Applicable organization'charts, r 3. Rate by job code and position control documents. 4 Overtime Reports 5. Time required of participating departments and ' the Personnel Department to respond to interviews, audits, (approximately 1-2 hours l each), questionnaires, and memorandums. 6. Time required of the Director of Personnel/ Employee Relations to provide pro,ject.updates. II. SCHEDULE OF SERVICES: ?I A. Final presentation to the Director of Personnel shell be completed no later than May 31, 1989. D. The consultant shall make available reasonable ~i a ♦ M1 Y l nA S I 1 N Ji`. ~ R .I'i , , l i ' Fs..e. 4 5 i consultation time without additional coat for a two week period to respond to telephone questions 1 regarding classification recommendations. C. Deviation from this schedule is. acceptable only if approved by City's Personnel Director, or for reasons beyond the Consultant's control. III. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Consultant for the services performed hereunder as follows: ) A. Amount of Payment for Services: ~G City agrees to pay Consultant for the services 51 ,!4 performed hereunder as estimated below: ~G Estimated Estimated ° Consultant Rate Hours Fees/Expenses $30/hr 80-120 $2,400-3,600 = Ea~in~at~ed~Ex~euses includes tavel- $400:00 `z meals: $ Y TOTAL ESTIMATED FEES AND EXPENSES $2j800-4j000 It is agreed and understood that the City and. Consultant will make extra efforts to monitor and {1. control the above expenses. However, regardleas of tla - 4) estimates set forth and time and expenses expended, in no event will the total project cost exceed $4,200 for Consulte,.it'a fees and expenses, i is B. Datc+a of Payment: Within 10 days of completion of services provided for herein. IV. INDEPINDENT CONTRACTOR: It is mutually understood and ~agreed y and betw en City and Consultant that 1 Consultant is an independent Consultant and shall not be deemed to be or considered an employee of ' the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, r vacation or sick leave benefits, worker's compensation, or any other City employee benefit. t ' Consultant shall perform the services hereunder n. according to the attached Consultant's proposal at the direction of and to the satisfaction of the City Manager of the City of Denton , ♦f ~ it i r si.~ i ' ` PAGE 2 1 f• 1 r nr,, "oor or his designee under this agreement. V. SOURCE OF FUNDS: All payments to Consultant under this agreement are to be paid by the City from i funds appropriated by the City Council for such Y;f purposes in the Budget of the City of Denton. VI. INSURANCE: Consultant shall provide at its own { cost an expense Worker's ''Compeneation insurance, 3i liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business. VII. INDEMNIFICATION: Consultant shall and does hereby r agree to indemnify and hold harmless the City of Denton from any and all damages, loss or liability1 of any kind whatsoever, by reason of injury to [ property or third persons to the extent directly ' and proximately caused by the error, omission: or ' y. negligent act of Consultant, its officers, agents,: jj employees, invitees, and other persons for whoa it , is legally liable, in the course of the performance } y of this agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton a . t 4 against any and all such claims and demands. VIII. CANCELLATION: City and Consultant each reserve the r g t to cancel this Agreement at any time by< giving the other party fourteen (14) days written " k notice of its intention to cancel this Agreement, provided the City pays Consultant for servicea zy1 l 'y performed prior to notice of cancellation. IX. TERM OF CONTRACT: This Agreement shall commence on the t ay o April 1989, and end upon the completion of the project. R L. J EXECUTED thisgR~day of CITY OF D, ON, TEXAS By. i r, BY 4-/ a-A LLO D HARRELL , CITY MANAGER 'l 1'l [l YM J PACE 3 :;r~ 410i aw~..wvr.rr.. rw W...•~~.. «..v..~.w . r..... ....w~i.: ,.w.:A*:6 M.ibin W.1.IGMi~a.'' M'yfk,(~ i 1 1 Y ( { ' f ATTEST: J I T , C Q OF TON, TEXAS r APPROVED AS TO LEGAL FORM j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY J f, CITY OF DEMON, TEXAS v X11 y., an ra , onttiactor ; j I . Jt ; I F;, 2650L ~ t1 ~ol ~ 9pr,t t .a F ~its r I . ~ r :r 4 PAGE 44 LOW `R•5 { I 2760L AMENDMENT ISO, ONE 'o AGREEMENT THE STATE OF TEXAS BzMEN THE CITY OF DENTON AND " COUNTY OF DENTOIi CHWDRA d. IRVIN 24th day of March. 1989 the City of Denton. I f Texas (acitY ) ana Chandra G. Irvin ('Consultant") executed an Agreement for consultant to perform classification studies 1 i ("Agreement"); and WHEREAS, the parties wish to make certain amendments to said Agreement, NOW THEREFORE, the City and Consultant agree as follows: , That Section I.A. of the Agreement is hereby amended to read as follows: s, Conduct eleven classification studies of the folow ' } post- tione: Utility Reorganization (Energy Management j r. . Division), Attorney. Park Planne Librarian Senior Assistant City III, senior Data Base Administrator, and Pre-Treatment .t~. Program Coordinator, Municipal Court Administrator, Assistant Court Clerk, Animal Control Supervisor, Animal c3 Control Officer, and Meter Reader. That Section II.A. of the Agreement is hereby amended to read: i Final presentation to the Director of Personnel shall be con- ' y plated no later than April 2,. 1990. III. y That Section iII.A. is hereby amended to read: III. City agross to pay c`Or,"?E.SATT'''~ tiE PA1D CONTR~~H~ ~Consultant toc the services performed hereunder as follows: { A. Amount of Payment for Services: Agrees to pay Consultant for the services performed City hereunder as estimated below: Estimated Estimated i1 Hours Fees/Exflenses Consultant ate z $30/hr 80-150 $2,400-4,500 r Estimated EzGenses =400.00 Includes travel, meals: ; EXPENSB& $2j800-4j900 P' TOTAL EST_1_KX ED PEES AND i,., ~ y a , 1 ~ - ~....a..r.rr..Y.Ma.~M+JtW ~ r.. ~l 1 f f' . 1, . e 1 It is agreed and understood that the City and Consultant wiil make extra efforts to monitor and control the above expense3. However, regardless of estimates set forth and ' time and expenses. expended, in no event will the total ' project cost exceed $4,900 for Consultant's fees and expenses B. Dates of Payment: Within ten (10) days of completion of services provided for herein. t; IV. 10, r In all other respects, the terms and conditions of the Agreement shall remain controlling. EXECUTED this o_ffday of A2~ Iu- 1989. Y 7 3 3. f oy arre , t anager. dia, 42271 er Iters City Secretary an r ry n,' onsu tan 72 1, 0 zyq,~ i PAGE 2 a~ , dy ,r,' ~ , r' fT ~w`~1 i~ . ' f .u.+rlwi...{~ ~ 1. . 4 , it I 2760L AMENDMENT NO. TWO TO AGREEMENT BETWEEN THE CITY OF DENTON AND CHANDRA G. IRVIN WHEREAS, on the 24th day of March, 1989 the City of Denton, , Consultant a to Iperform•Coclassificationecustudies Texas Agreement itfor and ('Agreement')) and WHEREAS, on the 29th day of December, 1989, the parties executed Amendment No. 1 to the Amendment: and y. WHEREAS, the parties wish to make certain further amendments to said Agreement; NOW THEREFORE, the City and Consultant agree as follows: `,R3 V `j st That Section I.A. of the Agreement is hereby amended to read ad Yr' I follows: Conduct eleven classification studies of the following 't positions: Utility Reorganization (Energy Management Division), Senior Assistant city Attorney, Park Planner, xl Librarian III, Senior Data Base Administrator, and.Pre- Treatment Program Coordinator, Municipal Court Adminis- ~ trator, Assistant Court Clerk, Animal Control Supervisor, r' Animal Control Officer, Meter Reader, and reorganization of the Fire Department. %rf a Ii.x or: That Section II.A. of the Agreement is hereby amended to read Final presentation to the Director of Personnel shall be com- pleted no later than April 15, 1990.1 + III. r That Section III.A, is hereby amended to read: III. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Consultant or the services performed hereunder as follows: i A. Amount of Payment for Services: r 1, City Agrees to pay Consultant for the servioea'per- formed hereunder as estimated below: r" F , 1 1 ; 4 1 1 `R. fr i f ~KS~a t Estimated Estimated „E ' A ` Sours Fees/Expenses i c Consultant Rate 80-150 $21400-41500 f $30 per hour 1r, Estimated Expenses Inc u es tcaveTj 400 meals: -i $21800-41900 SUS TOTAL: (ESTIMATED) 7._ Of agrees to pay for Ptesenttheon Fire 2. City, recommendations for reorganization of Department as follows: Estimated Estimated Hoots Fees /Expenses Consultant Rate $ 750 $30 per bout 25 hours r d Ex enses Estimate Inc u es traVe , 1,000 r L; meals: 1 750 i SUB TOTAL: (ESTIMATED) and"Consultant It is agreed tta defforts too monitor ha id icontrol the above t Will make e forth and expenses. However►eendedls des in fnosevent swill trietotal 3 time and expenses exp $6650 for Consultant's fees and ex- project cost exceed , pensese { g, Dates of Payment: Within ten {10} days of coupletion of services and receipt of an invoice. i IV. s' the terms and conditions of the Agree- In all other respects, went shall remain controlling. 1990. EXECUTED this jfday of r r ~ ` r e r Cit Ma 9r 1 Lloyd V. Harrell, Y ( E a tars, C ty Secretary J e Irv n1 Consu taut Y Chandra L PAGE 2 f' ! 41 1~ !i Ir 11+ up, 1 ~ ~ 1 I f `[I i r 1 Y 4r ~ 1 - f , r ' 71 , F.eys. 1 CITY COUNCII ITT III Tir i 1 a F' I I % r rf 4 1 1 _ '1'' r 4 t d ' I t a 4. e 1 3 4 \R/ it rl } s - - - - - - - - - - - - - - - - - - - - - - .i a li 1~ r Vt1 l r b SSSh 1 I e' 1 :1 E ' G CONTRACT AGREEMENT } STATE OF TEXAS )I f COUNTY OF DENTON THIS AGREEMENT, made and entered into this 20 day of November A.D., 1990 , by and between THE CITY OF DENTON of the County of DENTON and State of'Tezas, acting through ;I Lloyd V. Harrell thereunto duly authorized so to do,, hereinafter termed 'OWNER,' and Ja&22 M 11c Comm nv Rill Ch a4_ P_A My 7511, an9A rr unorv no ~ nEk=v- Texas 76202 i of the City of Denton , County of Denton 1 and State of Texas , hereinafter termed 'CONTRACTOR.' WITNESSETe: That for and in consideration 'of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under I .S the conditions expressed in the bonds bearing even data herewith, COb*MCTOM. E k J hereby agrees with OWNER to commence and complete performance of the work' specified belowr Lr BID /1153 BELL. MLNOO 3 SCRIPTURE DRAINAGE IN TBE AMOUNT OF 271R.IPAIL Purchase Order Number 011041 I X r and all extra work In connection therewith, under the terms as stated in the " General Conditions of the agreementi and at his (or their) own proper cost and i ! expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor$ 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 actor ante with all the General Conditions of the Agreement, the Special Condipns, the Notice to Bidders (Advertisement for Bide), Instructions to, i Bidders, and the Performance and Payxent Banda, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and j r.. all<s i; vJ.'A.l 'F4"...JI:y.R~`..MM~1'vrY.MrY.~I V/aM1ra...\ - J i 61 I other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by city of ntnn Fm&4n►nr4n& Staff 't 4 % 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 tie 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 y services hereunder according to the attached specifications at the general j direction of the City Manager of the City of Denton, Texas, or his designee' l 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 liability of any kind j whatsoever, by reason of injury to property or third persons occasioned by may i' error, omission or negligent act of Contractor, its officerao agaats, ; +I aaployees, invitees, and other persons for whom it' is' legally; liable, with i regard,to the performatce of this Agreement, and Contractor will, at its cost.. i _ and expense, defend and , ~la i' and desau:ds. Protect the City of Denton against any and all such alaids Choice of Law and Venue ?t_ 1 This agreement shall be governed by the law of the State of Texasd 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 cosseeace 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 1 prices shown in the Proposal, which forms a part of this contract, such paysents to be subject to the General and Special Conditions of the Contract. } CA-2 t 0114s 7 f7l • ~t 1 f Y IN WITNESS WHEREOF, the parties of these presents have eXecuted this c agreement in the year and day first above written. ATTESTS OWNER) By {SEAL) ATTES? t Ja oe Public n f CONTRA bl~ B a J.t Ill/ 1 f i Y ~ J 11 X1 1 (SEAL) "PROVED 'l -ASPORIIt ; =,e • ~ r f r. f , N4' 1 Xney alp -,c , . t 4 i Y ' 77 1 t r 4 r Y F q k, CA-3, F l i ~ 1 J 1 (t` , r l k s S -•1 i- { PERFORMANCE BOND I STATE OF TEXAS X COUNTY OF _ aExmW KNOW ALL MEN BY THESE PRESENTS: That JaAOe Pu2;lic of the City of Des County Of Denton and State of as PRINCIPAL, and _ _Senhna rd C. rpt ~df7y as SURETY, authorized under the lays of the State of Texas to act as surety on bonds for principal, are held and firmly, bound unto the ~~y of nen~.,n as Oid(ER, in the penal sum of 1 YIve and 40/100 Dollars 0718 .t4 ) for the payment whereof, the said j 1% Principal and Surety bind themselves and their heirs, administrators, executors,' successors and assigns, jointly and severally, by these r :I ' • ih1ERRA$, the Principal has entered into a certain written contract with the OWNER, dated the 20 day of Rovember 1940 t for the coriatruction of ure Draiaaae in the mount of $718x285 40 e , whicti' contract is hereby referred tc and made a dpart hereof as fully and to, '.the sae extent as if copied at length herein. ' NOW, TfiEREFORE, the condition of this obligation is such, 'that if:tba said principal shall faithfully perforce said Contract and shall in all' respects t conditions and 'agreements to and b said contract agreed and covenante ' Principal d t to be observed and r i , r; pef rmedend according to the true intent sad % meaning of said Contract and the Plans and Specifications hereto annezed, then this E obligation shall be void: otherwise to restrain in full force and effect; t,. YA a r: ' In the event theinsurer is unable~to fulfill l under this policy or contract or a its contractual obligation of coverage, the policyholder or certificateholderrisf otta or evidence an insurance guaranty fund or other solvency protection arrangement, by ,1, 71 E~ PROVIDED, HOWEVER, that this bond is executed puYeuaat to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this ; bond shall be determined in accordance with the provisions of said Article to the sane extent as if it were copied at length herein. PROVIDED 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 terns of the contract, or .to the work performed thereunder, or the plane, speciZications, or drawings accoapanyiag 1 the same, shall in anywise affect its obligation on this bond, and it does- Mi6by waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. i ? IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20th day of November , 19.. f,. E eriQnann cnormy rrtiolNY ! TdMR-PDBLif' r.(*;)ANY ` I Principal Surety r el-):, &-"A JU I By Roseaary Weaver Title Title Attorn~r-ln-Pact Address P. 0. Sox 250 Address 5750 Pineland Drive; Suite 304; i c it Denton, Texas _76201 Dallas. Texan 25231 3 y R tl f (SFkAL) (SEAL) i5, , ♦ 1I,.,.I J~f. `inn addresThe, nase a of the Resident Agent of Surety iss 11 ! y r ` , ♦ is - . . `a" ✓R.. 9~ 1 l o1~Y esa"" Nnavnr 00oR1Y]N 4 Blip INC. of Dallas ` .f _ Tciraa j5gh 1 T.1 ncala neews TY5Y9n T&I Eru Qn1tn Joni n4Tlas + ~ I I NOTBs. Date of Bond must not be prior to date of Contract. 0091b ~ i 1 ' • . , r " - • ~ x•4:4+: 1'•1 l'4^:4N,1. W.i>'1Ii✓71,~yt!`'Y I 1 O I s• PAYMENT BOND j j~ STATE OF TEXAS COUNTY OF DFwTnIi ) I KNOW ALL MEN BY THESE PRESENTS: That Janos Public Ca nT of the City of Denton County of Denton and State of I - To-,AA , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for 1 principals, are held and firmly hound unto l r _~e City of Denton Te=~: , OFINFB, in the penal sun of Seven Hundred Eishteea Thousand t J100 Dollars (s_?19.2et`,4p ) for the ! t~ 1, payment whereof the said Principal and Surety/ bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, i t ` then presentak NUERF.AS, the principal has entered into a certain written contract with the Owner, dated the 20 day of November , 19 90 Bid 11151 Bell, Mingo 8 ri t re Drainage in the asount of $718,2$5A0 , to which contract is hereby referred to and made a pert hereof as fully, and to the. f, ' x t same extent as if copied at length herein, NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH that. if the ti.{ t, said i is supplying labor and material ~to hL.or a a r ta b obi . 1 in the shall p osection of the work provided for in said .contract f, 1 } be void otherwise , th is gation shall , se co remain in full force and effects ~ ~ ✓ ~,N' yI'; ~ kv I r ~ PROVIDED HOWEVER that tuis bond is executed pursuant to the r ~a provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the Lt SFr acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this' " bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein, , r Disclosu+ o€ Guaranty Fund Nonbarticjga In the event the insurer is unable to fulfill its contractual obligation ti p under this policy or contract or application or certificate or evidence of coverage, the policyholder or certificateholder is not protected by ` an insurance guaranty fund or other solvency protection arrangement. ~ 4 r7 Ole- 71 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 f work performed thereunder, or the plans, specifications or drawings accoapanying j 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 WITSNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2othday of _ November 199 JAOQE-PUBLIC COlIPANY SEABOARD SURETY COMPANY Surety ' Principal LA 5 D Roaeoary Weaver ~Title V J tItA -FIIO ;6 Title +.ror1Al n Fact ~l 3 Address p o. Box 250 Address 575o Pineland Drive. Suite 304 t}pif 9lPSaS 76;)n It nallas 775231 1 . SFaL) , 1. (SEAL). ( 4;r In name mad address of th Heai'ent Agent of Surety is:~ ' 1, ~ I s r Weaver' CORROON 6 BLACK ` INC. of,Dalias Tax 4 75240 b iincoin Centre M;5426 LAt FD1,: SuiteiOO Dallas, \ ~ S r 1 I , ~ ,.a SIf , 1. * ,l• ~ r n?~J. l IF . PB-4 }I it ~i ic'y'. ♦S f ! r, z~\.. 0092b ; ,.1 ~1~~ ) 1 ~ r JSf 1. f k t t ! I IIAINT'ENANCE BOND STATE OF TETRAS COMM OF DVfM 1 k KNOW ALL MEN BY THESE PRESENTS: THAT 1A40B PUELIC COMPANY I as Principal, and Seaboard Surety Cwnanr _ a Corporation author ised to o uainess in the State o Texas, as Surety, do ereby acknowledge themselves to be held and bound to pay unto + the City of Denton, A Municipal Corporation of the State of Texas, its Successors { p Thou and assigns, at Denton, Denton County, Texas the sum of Seventy Dollars _0 On , lox o I ~gl t e coca amount of a oatract or the payseat of whi sum seid principal and surety do hereby bind themselves, their successors and &assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Ja ce Public Cos n > has this gay entered into a written contract t t e sa City o Denton to build BID! 1153 - BellMioao i Scriotnrs Dr caae f { which contract an the plans an specifications therein mentioned, adopted by #e City of: Denton, are filed with the City Secretary of said City and are hereby' expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in fuli_ herein, ands WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair yj the work therein contracted to be done and performed for a period.of one (1) year frosi the date of acceptance thereof and do mill necessary backfilling that. Aay , become necessary in connection therewith and do all necessary work toward 'the repair of any defective condition growing out of or arising from the, im¢roper 16 nt ¢r ~f construction of the improvements contemplated by said. contractor o ' he same or on account of improper excavation or backfiliiag, it being understood that the purpose of this section is to cover all defective cond,oions siaiog br: reason of defective materials, work, or labor performed by said Contractor; 'and in% s n ~ said 4 iroveeents said Contractor shall fail it is agreed -that the City to said say do re iyid cag work in accordance- wi ii 1 and charga the meai st the said Coat raet or, r P . And supply such contract oblitations and said Contractor and wrety, shall be ;subject' yj to the damages is said contract for each daq'a failure on the part,' "of said ' Contractor to comply with the terms and provisions of said contract and this bond. - f J 4 MB-1 the event the insurer i under this s unable to fulfill nits;contractual obligation ~ policy or contract or application or certificate or evidence % Of coverage, the policyholder or certificateholder is not protected by r an insurance guaranty fund or other Solvency protection arrangement. I {FA~Ft.RA{1LbW1N'Ilv,r[~~n.~•,. . _ . _ . 1 r r'. r 1 f NOW, THEREFORE, if the said Contractor shall perform its i agreement he maintenance riod of one (1) year, as herein and said contract provid, then these presents 1 +1 hall bull8anda void and have ~noi further effect; otherwise, to remain is full 1 force and effect. It is further agreed that this obligation shall be a f continuing one against the Principal and Surety and that successive recoveries may I. be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said vork 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 r'!c f _ ncipa . caue PANY 4 as Contractor an 1t ese presents to executed by j and the said N d , as surety, hra use toe presents to executed by its Attorney-in-Fact r' and the said Attorney-in-Pact has hereunto set s and 1Q Qd jt r is r°< t, this lhday of 17nYPmhBr ► 14 1 SlJREIYt PRINCIPAL: f 'i y N JA S-PUBLIC COiiP y iy' ~ j Attorney-in-Fact ~ r pr t X44. 41 a ,a tC -J oz. r ! . ` - oz S A 1 rZ ',I , v 1 3 v ^ 0093b i ~ifG11a~1ic~~7rMi.<elIM1X<i Y...a: V...ri n4ulJ •.a~u.t'yo.... r+.:o.,..a n., a..r ' i i i NMI i , Corti Wd Copy 58~180J1~tD SVPj= C N7J"EEE 6622 i r,; , • • NO. 10376 ADMINISTRATIVE OFFICES, BEDMINSTER. NEW JERSEY E r POWER OF ATTORNEY r 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 Rosemary Weaver, Or Tony J. Klepec or K.R. Harvey of Dallas Texas its true and lawful Attorney-In-Fact. io make, execute and detlyer on its behalf insurance poRde%surely bonds, undtnallthps and other Watruments of umNar 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 sighed by the duly authorized officers of the Company and sealed with its corporate seal; end 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 ware duty adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and Including January 15, 19112 and are still in full force and effect: f ARTICLE W. SECTION t: . y , `PoaeAe, aorsds, moi;Vl@w4w a 0aeorA orlelsoata of sump, wievrtfane widKttldigs arse rmetiw+ersfa ist tine rreralo Iris, ranee pones", bonds, mcopnirartcim st p"icins, corimnb of surety and woer~ wbsrtomo of ore Company. and releases. ayreemarus arse otAer 111 surd nyi reWrig in any Irby thueto or to any claim or toss tnerwxwsi, snap be signed in lAa MrtN and on behati of rn Company f+) M Ina Chasnun d the Bosrd, the Preftder?t s Irice-President or aResident Vie-President and by vx Secrwry, an Aa;stu,! Sauna rye a Resident, , SscrwAry Of a Rn4isnt Assistant Seeretary. or (b) DY an Attomay In Fact to ttw Cornpfny appoh>sifd srd aulfwrued try the Ctud.man bI the Board, the President ow a Vica-President to make such s4nahwL or (c) by iVth otlw W ws or reprnennat m as the 9oard may from tins to One datermirne f The seal of ibe Compan j shill if &Wopriah be at'S+ed thitiWo by any such officer, Ahornay-tn-Fact or npre tarrw.' F- i j IN WITNESS WHEREOF SEABOARD SURETY COMPANY has caused these presents to be signed by one obits Vice- Pres)dents, and its corporate" to be hereunto affixed" duly attested by one of its Assistant Secretaries this 181~ day of„ .:.September...----.,19.88 suns, ~s Attest SEABOARD SURETY COMP - i ' fl21 ~ By M ZOOL AeaiatantFVS~►etarY _ Y Presrdsrst ' i STATE OF NEW JERSEY i COUNTY OF SWERSET - On this . 16 day of . SeP ea~Q>; 14.88 ,before me y a Michael. B-.._KeE.gnn a V•toe-President of SEABOARD SU,A~ fA i with whom I anti personalty acqualnted, who, being by me duty swom, said that he resides 116 the State of xi v 8r8e~ 1_ i'7_ a that he is a V160-PresWent of SEA BOARD SU RETY COMPANY, the corporation riescrtb9d In and wtrich ikbmed the_toreQoing = uutrurninf; that he knows the corporate-$'W of the said Company; thit the seal afRofed'tdseld instn Merit fisucfi corpo> ate feel, that n w" so a ffixed by ordec of the Board of Directors o! bald Compeily; a r1d ihatite slQned fys nerrie theroto is Vioe Prbtldent of said parry y like authority. FELICE M. CATALANd t f10TAR11 PUttUC Of-NEMf fEBSEY Er. 'A my Comrmasim Exp. kola 4,1491 FubiPC Jy t'tSl3li1; Ndt+ry CER1TfFfCATE ; EOF undem*sedAssistantSecretary, dSEABCARDSURETYCOAIPAWdohereDyartifyirwoedrgina p"WolAfsorneyofvfikfitheVA90rgis and connect copy, is in tuA torn end ~on tfN date of ttris CwV"ts and t do furttw cutely that tan Yrca-Pres4" wane erecutrsd 1M W powiIr of - Attorney was one of the Offces auBwrited by ft Seed of Dwectors to Wooint ar. attomey-ir~fact as oroOW in AAicfe Vi1, S r^ on t, cltr". y inns of SEABOAAD SUAVY COI,tPAW. This Cortiricslra nu y be signed and saved by tnesi rrp7e under and by authority of Ora loaowuv resolution of the Exearure Carurxttee of the 0oard of D;rW4m of SERWARD SURETY COWAW at a nesting duly aced and hM on the 25th dry of Alardi 1970 - - 'RESOLVED: (2) Ttut the use of a prK" facstmih of 9*4 caporals seal CI tba Company and of 0)@ spMtura of an AssWant k{' otn kab6i W U1! correctneu of A copy of an instrument executed Pnoldarit a s Yrco-Pnaident f the by ft punuMjto Arbele VI I, Section t, of the Sy-Lain' = r.; aopotr#u+Q and sutrrorizt y an attorrseytin tae/ to spn in tM name and on b",4 of 1M Conpany W" bonds; ursderwrdnq uneeQaiclAps of 4tMr fttrumfieita 60ecaitied in Said Ankh Vtt. Section 4, with fte off ad a it wEh seat snd such s4whwe had Men rnarwnty Wined end n+sds.,h mby is 1 auNonYad and tppreved.' - V` 1N Wr0*SS WHER oF, I have hereunto set npd~a~ndd a,, ,~ythne corporate seal of Corr W to these presents this ' day of- '~C~JS .,~~~~4r~ - Asahtant Secretary . for" oar dw Pul For serf.ca' c r, of lne au!nft~clly o` this Power of W orney,nu may call, collect, 201 658-3500 and ask for the Pcnseruf Attorney ck rk. ?lease refer to the Power of Anomcy n~mbec the abore named rd odwil(s1 and deans of the bond to,sh¢h the pw,er:s atlached O New'(otk, 0,a1212 62i-5444, 777 ; At'ORIL CERTIFICATE OF INSURANCE ISSUE DAT[,Y140Dr.Y) . PROOUC[R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND RMTY KING & MINNIS INSURANCE CONFETLS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE I 7O7 FIRST STATE BANK BUILDING DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFOADEO BY THE POLIMFS BELOW. D9nVN, TEXAS 76201 COMPANIES AFFORDING COVERAGE E A NEW R MPSNIRE INSURAN(M OMANY ~Rr` 9 HARTFORD INS}RANCE COMPANY JAGOE-PUBLIC WIPANY, INC. $ G.C.RIIXS COMPANY SONS, INC. LETTER C P.O. BOX 250 cofrANr OWCN, TEXAS 76202 LETTER iLOE°n11E"R"y E . , QQTIERA3ES,''~ l f~.[~'!~~.f .'rS+11~iRCtSia'~~.rl~r~ . Z+t"i~1 Y4~:...'k.'iti~li~~♦'~M~~~,~it yJ:~'i, ~ >~+~'":t: + I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE DMN*D NLAMED ABO'YE FOR THE POLICY PE[WIU INDICATED, NOTWITHSTANOM ANY REOUM WENT, TERM OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHPCH TWS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE OMPANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 4 SUBJECT TO ALL THE TERMS, ' - EXCLUSIONS AM COHDRIONS OFSL H POLICIES. LWTS SHOWN MAY HAVE BEEN REDUCED BY PAID _ CLAW. TR{ TYPE W NN[LAIAMC[ POLICY NUMBER Ku" Im (MMMO" OATS P611DQ~Yn 6061AAL LMYJIY GENERAL AOGAEGAtIE - ! 110009000 . A commeACIAL OENmu L3BILITY I PRODUCTSCOMPIOP AA6 1000 OOD 1aAnASrwE~X iA _Iwcm TCP9939906 1011190 10/1/91 ! 'E"'_'?I!""AD1; Rr ,1 000 000_ t.l oWAERY i CONTAACTOR'8 PROT EACH OCCURRENCE, - [ f l~ 50~p00;. i t ,~1 FM DAMAGE t4V c Ono AU►OHOIL[ LYALM 600411HED SINGLE i r' ' A ~x MY AM BA9942005 1011190 10/1/91 `_'"'t_ 00000000: l 4 I X All OYIIED AUTOS softy P&PURY ~ x I , -1w roe tP. r«-~i - ~ _1NSaC*0NlaAUTOS MORYKMIY ? 'X_iNOKOWNEO AUTOS _-iGAM0l LIABILITY - r ; - i PRCPENITY DAMAGE ~ t` [XD[q ILILRRY ~ $ Y~~ 1 EACH oOCURREINtF s , 1000 000. ; _~uIDAEtuPOIw UL1033991 10/1/90 10/1/91 AeonEaA1[ ! f A OTHER TWA uMeaE<u roRM rr - 10000, 000, I ' r + I ~X ''N + A r,, ' +y ' MOIIItHI'f lOY►lfMA71M J STATUTORY LNYIrt B AM 71WZCYJ235 1011190 10/1/91 E"pf AO" 500,000 Douce caar [ nrlorus Lwartr -500 f - f r oISlASE-l~oi ENrLrnE [ ti AIM OTNER PRWWT: BID 11153 BELL, MINGO AND SCRIPTURE. DRAINAGE Should any of the ab~Ive described policies, be cancelled before the expiration date thereof, the issuLig Company Kill endeavor to mail 30 days written notici to the certificate holder o[fawnoll a oP[rATIONS+~ocArlolarr[wel[!AP[aAl ITCrs named, but failure to mail such notice shall impose no obligation or liability of any kind i r I upon the Comparry, its agents or representatives, I CEOTiFTCATE T i ~._iM1'1 }''".16, i • ' CANCELLA,T10Mtsi?<i rw 1s14'31i'u 3!'3~Pc. ',t> f s .1 4w1~ Y'r { CITY OF DENTON, TEXAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i PURGiASING AGENT j~ EWIMTKW DATE THFREOF, THE ISSUWO OOMPANY^L ENDEAYOR TO { i 901B TEXAS STREET ; MAIL -.30._ mws wp4rrEN NOT" TO THE CER OXATE,HOLDER NAMED TO THE J DENfCN, TEXAS 76201 ? j LEFT. TO MAIL SUCH `r3aosE NO OBLIGATION OR LUBILITYY OF ANY KWO UPON P . IT AGENTS OR RE SENTATIVES. t' AUTIIOf!ISlO EFIITAIIYE - ~ icoAD 2S•s.LTr~O}_. _ ~ _ ' ' oACORO cor,PORATIOrI o9a I r 1 III! 1 CITY I, ~ 1 COUNCIL' 1- 6 j. ~l ?d 3 - J ~ ~ ~ I1I1I1 o ~ a 5 7U` AP s, , MEN mommuff-~ ell, F t I I1 Fn I I r, ' rM'• I2 'Yl CONTRACT AGREEMENT STATE OF TEXAS f COUNTY OF DEMN ) THIS AGREEMT, made and entered into this 21 day of AUGUST AeD., 1940, 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, Party of the First Part, hereinafter termed the OWNER, and 't ► 11' 1[: 3020 FT WORTH DRIVE. B9Z_250 DSATON.` ?BXb.S ,ALL-, 'Isr 76202 y' I of the city of DEMN , County of DEMIN and'State of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. NITNESSE1'9s That for and in consideration of the payments and agreements hereinafter mentioned, to be made-and performed by the,Party of the i First' pact (OWNERand under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Park i00NTRACTORI hereby-, agrees with the said Party of the First Part (ONNBR) to commence and complete` the conslruction,of Certain Improvements described as follow s c 3IDSKALR RAKE MiD Pill -OAK OM" D t , 359 544•.35 1: V khe tar tra work in connection therewith, under j Y atis. as ' a»d and all`ex' nE tools General.,"Conditions o! the agreement! and at his (or LM t) own proper stated cost ex 1 , f pni , su Ri U, finery y; supensrie to k and other a eorr acid Insurance, pd of 'acmss. rtes , and eervic pe ntendence *a I a' necessary to complet nstruetlon, in acco[ h the conditions i and prices slated in the Proposal attached hereto, and !n accordance with all the'Genera/ conditions of the Agreement, the Special Conditions, the Notice to Bidders'(Adve,[tlaement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, - -xhich,includes all maps, plats, blueprints, 4nd other drawings and printed. or I: CA-1 f l 0114a I i~ 1 i- 1 1 written explanatory matter thereof, and the specifications therefore, as prepared by THE CITY OF nEN!r0H TRYAS Eti.TNEERTRG ST"F ' all of which are made a part hereof and collectively evidence and j constitute the entire contract. t SPECIAL CONDITIONS Independent Status it is mutually understood and agreed ry 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 taxeso vacation or sick lsava benefits, worker's compensation, or any other City employee benefit. ! R' City shall not have supervision and control of Contractor or any employee of contractot, and it is expressly understood that Contractor shall perform the services hereunder according to the attaebed specifications at the 9e6eial 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 Indesmlfy and ,hold ha slasI 7 R' the City of Denton from any and ali damages, loss, or liability "of.any, kind whatsoever,'by,teason of injury to propetty or.thtid persona oocasioned',,byiany error, omission or negligent act of Contractor, its, officirs, agents,.' j employees,' invitees, and other, persons for wdom it L$~ Iegally' liablee.`:Yith atAts cost regard to' and t penseL,e performance e protect this the Agreement, Citn n against any s and all` such Y of Denton claims and demands. f Choice of Law and Venue of , law, Of tL to r t This agreement shall be governed by. the 7eYasand lie in the coasts of,Dedpos venue tot its constrnetion and 'enfoccemen eounty~ sexes. i r .tqKiz a. v i. x' The OON'TRACTOR hereby.,a9tees to commonce''Yotk on or oftst they date ; established for the statt'of 'work as set; forth tin written nottce`to corNace work and complete all work within the tiae stated in the Proposal, subject to such extensions of time as are provided by the General and Speefal,COndilions. The OWNER agrees to pay the CONTRACTOR in current funds, the price of prices ahowa in the Proposal, which forms,a part of this contract, such payments to be subject to the General and Special Conditions of.tkie CoAkract., ' f G►_2 01148 0A ~...,.A.,, Aq Mom, Ic IN fi1THESS WHEREOp, the Parties of these = agreement in the year and day first above written. presents have executed this ATTEST: Y Part of a plrs! P rt, OUl1 r i 8 . LIAYr~ v rtana~er r ~7- L'~NUER ) ( SEAL) y.'J t TTE" I r ,i i tY th Sec d ~ aotrTRAC'rCa r QQ, ' e I y 1'4: (SEAL) APPR 8D AS TO ctrl. 1 ] t ~ l l ) + t e I Y~ CA-3 0114a 4 J 1 , 1. . 1 b - 4 , t AJ, J i i PERFORYAME BOND ) STATE OF TEAS COUNTY OF DEMN ) KNOW ALL NEN BY THESE PRESENTSt That JAGOE PUBLIC COMPANY , of the City of Denton County of Denton , and State of Texas as PRINCIPAL, and SEABOARD SURETY COMPANY SA SURETY, authorized under 'ths Jaws, of y. } the State of Texas to act as surety on bonds for principals, ate held and firaly, bound unto the CITY OF DEMON TEX)1.5 TH3= HQNDRW i FIFTY MINE THOIIS7W FIVE i as OWES, In the penal sus of sutnmz:sm nnoyy Pnm awn ag f1 nn ! Dollars (tC.S" Vt ? for the P+Ymftt whereof, the said Principal and Surety bind themselves and their heirs, adaiaistiatoro,'executors, successors and aegis") jointly and severally, by these presentee 1HE.WS, the Principal has entered into. a certain written contract s . with the OW R, dated the .1.L. day' of anrn P 1990 , for the construction` of Sid 11132 - West Oak Paving, Drainage and 5ldevalk y. . t which contract in hereby;referred to and 'made a dpart Hereof as 'fully and to `the L° same extent as if copied'st length }~erein . ; . ~ ' , , MOW, THEREPM, the cooditioa of this obligation such that If the; said principal shall faithfully perform said Contract and shall in all respects; conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plane and Specifications bereto annexed, then this obligation shall be voids otherwise to remain in full force and affect] i t l 1 Fnr. that this bond is executed,.pursuaat to the PROVIDED, HOIfF,YER, i provisions of Article 5160 of the Revised Civil Statutes of Texas ae amended by acts of the 56th Legislature, Regular Session, 1959, sod all liabilities 60'. , this. bond shall be determined in accordance with the provisions of said Article to~ tba' ease extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, ' Denton County, State of Texas. . venue shall lie in Surety, for value received, stipulates and agrees that no change, axtensioo of time, alteration or addition to the terns of the contract, or to .the work performed thereunder, or the plans, specifications, or drawings accompsayini•' the same, shall in anywise affect its obligation on this bond, and it does hirsby waive notice of any such changer extension of time, alteration or addition to the ' terms of the contract, or to the work to.be performed thereunder. IN WITNESS NBFREOP, the said Principal and Surety have signed and sealed this instrusont this 21st day of August 1990. SEABOARD SURETY COMPANY JACOE PUBLIC COMPANY 3. 1 + Principal Surety By `r - I 'title ggeeaw... VPAv LtoTA in -Fact e ' onte''206 ' ' ~ ~ 'aad R ti P. 0. Box 250 Address Burnt i Hills Road 17 21 Address Texas 76201 Hater Nev x 419, Denton. ~ y I g tc, r The 'name and address of the Resident Agent of Surety ist ti y CORROON 6 BLACK. INC. of Dallas Lincoln Centre II 5420 LBT F Suite 1400 Dallas Texas 75240-2652 NOTES Data of bond must not be prior to date of Contract. v 1 r' 0092b FF 1 4' a PAYMENT BOND , STATE OF TEXAS COUNTY OF ost~rnW XNOK ALL MEN BY THESE PRESENTSt That _JAGOE PUB.Tr, COMP aw of the City of Denton County of Denton and State of -Texas , as principal, and SEABOARD SURETY COlPANY authorised under the laws of the State of Texas to ect as sure principals, 'ere held and fira:ly hound unto h on bonds for -Th. rJ+X ,,f ~16ntn*i Mdi p in the ,..A ?rxd8'plaal slml Of.1%ron FnnArw.i ` ?hnusand, Five Hn~dred For Y Four and 19ijee Dollars 359,544435 ) e for the. ~ payment whereof; the said Principal and Surety bind thaaael"S and their heirs, administratora, executors, successors and aesi Ens, jointly and severally, by them presents: 5 WHEREAS, the principal has entered into- a certain written 'contract ~ with the Owner, dated the ~-2il.~ day ,of _1►;,ernaf, 29 90; . ofx $ kk THE Wn'si uction'of:Bid 01132 - West Oak av n DrAing to v!►!ah contract is hereby referred to and same extent as if copied made'a part at length herein. hereof•as fully and to the WWr THFREFOREs THE CONDITION OF THIS OBLIGATION IS SOCK, that if the ' I said Principal shall par all claimiants supplying labor and material to hie or a r subcontractor' in the prosection of the work provided for in said contract, then this, obligation shall be voids otherwise to remain in full force and effect] ` PROVIDED, ROMER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Tens as amended by the acts of the 56th Legislature, Regular Session, 19390 and all liabilities on this' bond shall be determined in accordance with the provisions of said Article to the scab extent as if It were copied at length herein, Pe-3 : R 3 is, rj1 a ',,r law- Owl Surety, for value received, stipulates, and agrees that to changes' R~ extension of lice, alteration or addition to the'terss of the contract, orto the' i k work performed thereunder, or the plans, specifications or drawings;&ccospanyipa , the same, shall in anywise affect its obligation on this bond, and it .does hereby waive notice of any such changes extension of time,. alteration or,addition .to 'the > F - terms of the contract, or to the work to be performed thereunder. IN WIMINESS WHEREOF, the said Principal and Surety have sigaed and sealed this instrument this 21st day of August , 19 90 ~90 JAUE FUSLIC COMPANY SEABOARD SURETY COMPANY - 7 :r Principal Surety 71. i tik By Lj Title d Title &osenuiry Weaver', Attoruav in-Fact i Address P.''0. Box 250. Address,Burnt Hills' R6sd4gd-R6ute,_206 Denton, texas 76201 Bedminster, Rev Jerbey 070' ,tsF1 r 'S r k 1 (SELL) t I • k :4 "r Ths nasa'aad address of the 8arident Agent'of Surety ia: µk k ,2 ` COAROON b 'BLACK, ,INC., 6, Dallas : r a r i s Suite Dal jv% lAbO 4ti, , , tiacolA Centre II 5420 LSJ , e;f Texas` 75240-65r Y . , 1. 4 1 - Pa-4 Y i.f , - I 1 w~ <; 0092b ~r 1 . r k MAINTENANCE BOND f '7 STATE OF TEXAS f COUNTY OF DExiI~' N ►rNOW ALL MEN BY THESE PRESENTSs THAT JAGOE PUBLIC COMPANY as Principal, and a Corporation au! r e to o IffifM10in the State--07 Texas, as Surety, o hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of texas, its successors and assigns, at Denton, Denton County, Texas the SUN of Thirty Five Thousand Nine Hundred Fifty Four adn 43/100 Dollars 35 954.43 , 1OZ o the tots amount o the contract or the payment of which sun sa p nciW and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, than e` WHEREAS, said Ja oe-Public C € has this day entered into a written contract ! t e sal City o Denton to i and,construct BID# 1132 - hest Oak Paving, Drainage a Sidewalk $359 544.35 a which contrac! and the plans an apeoificat oos therein mentioned, a cpt by the j City of Denton, are filed with the City Secretary of said City and are hereby ` expressly iacorporstd herein by reference and made a part hereof as though the sane were written and set out in full herein, ands WEREAS, under the Said plans, speciffeatioaa, and { con tact t a ro vided the y . ; work therein c that the Contractor will e+aintain and keep in good repair d for a vied of ow (11 ear, . the frog`.#ha date of aces lance to be dose and rforie, ry g m. p thereof . and do all necessa backfillin ths! ai become necessary in co ne repair; of any defective condition 6roYinga outs of or• ariii yfrom the apro~ ths4 1 . 'construction of the improvements coattaplated by said coat rector oft coasEr+sctins f r * the. ease or on account of improper excavation or backfillitng," !i being understood . that the purpose of this section is to cover all defective conditiois arising`. by reason of defective materials, work, or-labor perforated by Said Contrsetor,`'and in case the said Contractor shall fail to repair, reconstruct or maintain Said improvements it is agreed that the City may do said work in accordance with Said contract and supply such materials and charge the same against the said contractor and its surety on this obligation, and said Contractor and Surety shall be Subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the tens and provisions of said contract and this bond. 0093b MB-1 i 1 1 i A y 5I• r 4 NOW, THEREFORE, if the said Contractor shall perfor~.its P sgreeneat to saintaift' said construction and keep "me in re it for the saintenance period of one (1) year, as herein and said contract provided, them these pi se`atl i shall be null and void and have no further effects otherwise, to read" i a force and affect. 'i- It is further agried that this obligation shall be a , continuing one against the Principal and Surety and that successive iecoveiies may be had hereon for successive breaches of the conditions herein provided Until the full aalonat of this bond shall have been exhausted, and it is further understood throughout said. - obligation to maintain said work -shall that the continue ` isintenance period, and the sage shall not be changed, diminished, or in say'siamer t' affected frog any cause during said tine. IN WITNESS MEREOF the said JAOOE•7UBLIC as Contractor • r nc Ps , has cans these yresents to execut Cheek, Vice-President'- Finance . as suret7aihas Caused ard eseepreaenmtaato execut ia-V to Attorne n Roaema Weaver and the said Attorney-in-fact has_bereaoto sat s n Me 1st y o August 0.19 90 t °I i ' SQRBT1ft PRINCIPAL: SEABOARD SURM CM MY, JA PUBLIC COMP { .Roseio veaneY. ;f ti c onmy- n- act } y~ 1 _ - J i ass Pf T t • P. h; ' r t t 1 ~ i;v 1 f s 1 3, ~A l! • Baia` 4 1i l ~ 009W 1(. f , 1. r . r. j _ _ - = FFF 14 7 C#O%d coo ~o3al; ~►nt~uNtsrWOEoFF0 eeoMlias>~.NEIMJEF - - POyfER Of ATTOEiNEY KHCW I[1;t. MEH BY Tk PRE6ENT ThatSEA80AAt7 StJrtETY f.DMP11f fY a corpbratbf►ot the Stefa o t~IwrY4rk, t>$a oPtufrCutgd ON appo'K+tetf and th" py#Wf$ goes make. oonacirin• and ap4otnt Rosemary file er , .Tony J~ Klepeo or_R.R Aarvey of 6alkas fixas its tnie snd IeYtft~ Attofceydn Fact to &A*,, es•eeEa snd daQ& on Mg b" 10~0 poletea, iurefy bonds, ` Qlnsturoasfopov+s: xthout' Limitations ot}»r vitlen duttr es~ecuted by Use atosesatd 5uct► tnsuronce pots surety borxts, undertaku+pa and ifttruments to sand porposft l~ttorney In-facf be bin ~n9 Lip- Company as Putty and to the same 6104 ea if steed bg2be 4 ottita OCthaCompany ar,d atee wit + its ca 664te aoa%"aA the acts of said a4 o u+ Faa to t~►a,~vtior,t~r tPereby given. are heaeby rapfied aM eNtrmed ` M appointment is made p4 rsuan; to theiotloNrn9 Bylaws tvhs _ were duty 3dopied 4Y the Goa d of t~sr tofa o! tltQ sad 6 40 1b 1982 tend a[a 3t~trn tultfof~s @nQ~ - " Y an p~cen~x $>h- Z92T. wrlh,Ama~dmenb to ast64+c 4_60 January ~+Et~ast c `4►.~oa~.r~w -a w.±±a.►.rr•trw r «w rla~.~ r .r,adr>~ y u . ~w»adw~+yu+aw+a~., uk.+g+d cA§(_dV ? ar qMd- Det;~ oC>t+e Cvmt>firlr ~ ` rra,npcnta~ KK k'# a+tce+a «3o esy cu~n a ba r)+erwr~der sham be-l- a V* Harm Q_00, _ ;t+f1,+.~a~:tso+ra,.ioe,v~r.~u«.rr..:.~emayk. c+~,+r: li~d iecraury e+ tAsudat~ AysRtani SacreTuY?r~ by a n AJforrfey~rhf!a for U+a Cant+Y ➢n+kam C a Y F me ± aucr+ afgr4liae or (c) by such 00 r#,! as Ito 8wrd Quy ! ram LNea 165 _ I = PEE s ar dy+a Cae+pany ~ . if aptnf ripe bJ aM[c4,4 the" by any WC1~ GrEiaY '{lit W f?CfM7K>f*a~?t< i _ - H w,trESS wKEREOf sEAeOARO sur~etr c~M~Ar,~r Mused titers pu vr~e Pr~arasn,and irs cor to seat to be hareurtfa ePtixed end duty aftested by tine of Its A4s+stant Sacre~artssr tt zi s _daYof - ept .t9_aa - _ _ _ µ - s AaonRt3 SURETY Cow _ a Aite3f - 4T UAW, ~a► = 1AaagtardNatl ~~_R F_=1 Of ss - _ =z rBP,w 1 Z h-- _oA th ~ta= = fir= !lichael ig. lC,.eg3 ~ - a ofW_G_ -MD sw4rt►. d the he tsstde tr~~t +ef~at ith wttonl ae Peisona>ij' eQa~ted. vrho: 6ein0tne +Y see I hoftAview-Pick; _-s s, e?~?rr.u,e o+±" an r c~~ t e1`~ u+slnirtm~ni<Usatheknowatt c6rpa6tee9atof",litdComWa;Y al theW-8i ucedioeat Tnst~rtcrrt±•r~i MOW 1~~4f that FCt irp4 SO ai4iltedby orderer the Board of Otrectofa of sa+d Co" ny; and that he sign0d t►ts Hants ttkreto ss -saki by tike authority ' FEUt £ !A _C!l3At1 NOTARY PUBLIC Of ftf1Y jfRSEY M1 A_Ur, My Coauatssioa Esp tur+,1. 1991 s MAIL, 0 E R T I,i ! C_A T E. fpFH ue+dutpnsd/a+aWliSScreanrdSEA WARD SuRE7Yanafhrltwunny4±ati M9JrW Pt+ru~ntwtwuecut~dsMaasdt'arad ar+d co±*+c! co4Y. a n ~ tau end atract an n,. daa a qW, fad a praises to ArSde vft. See6a t<d vw ~f{tea of Atlpney wAill txr of irw O"PWS aWhorued by tt» Boars a taroctr ra fo appoint an a+tanev SFA80~Af3 SUPEFy Ca►tPAtt r d"fos"ft resoiu6der of ft Exacul+ye Co(rmkaea d 9ouQ of TNa darl~Gcese !tom anQ eeWE by fad+mNe ur+/at and-. by at+AY ft+#R UYicf6faOt sfA 400 SURETY COMPAW N + raft -,to 4✓y caiie6 W hMd Cn, the 23ih day d A4arcE SatVEO t2{ That u+elee of a ~ryshd faCarnuN o(tf+a eorPa+>• Beat d ow CorrpYy and of ale ArlksaYb► 9acyorf is d]FA rs► grLRcaSott eorteclne'a d a eePy d ank slnxru++t iaeaited by tl+a vrw;dua or s Yru traasdenl p!n d t w ak+s siforner46-fild tO hOrt lA tM ira±+ .,d on b~hait d ttM fionpany st raty Uvrbs un _ o ( y»~ 6aaorl8sa a~0 Ar,. Ylt s.cGon t Wn aeea ss r auat a,c, ±:onwr. bra bean -in f~~ ft ►ati seepw sa_ 101600, W-1 0, 4 _11ytr*ss wt#,lhawttsrei, > aria caao - ~ -ter _ f1~ =`-ll r >IBf- for +cti5cat*n of the a the nn 6ry d this Power d Attorney you" caa, tOtMd, 20i t4&3500 and ask lot the Power d Atbmey clerk. Pkasa rater to the Rower d Attorney number, the above named iMM&W(s) and details d She bond to which the pooet is attached. M New Ybrk, OW 212-627.5444. f 1 xa~. CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: h Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered ` and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the' Purchasing Department prior to starting any construction work h or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written ` notice will be given to the Owner before any policy covered h thereby is changed or cancelled. The bid number and title of, the project should be indicated, and the City of Denton should -also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change, 'j or cancellation shall be given] ; o The City of Denton shall be an additional named insured on all policies. Y I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The ` Contractor shall also be protected against claims for injury, disease, or death of employees which, for any ~ fall within the provisions of a workmen's compensreason, sayation not law. c ' not n less toan: r The oliabWorkm Y limits all man Statutory- en a Com nsatio ~ , M o Employer's Liability'- Statutory 4. r.: { II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance,. shall. be. written, in comprehensive form and shall protect the. Contractor against all claims for injuries'to,Members 'of ,r the public and damage to property of others arising from. the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500.000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to f M members of the public or damage to property of others. arising out of any act or omission of the Contractor or ~y his agents, employees or subcontractors. ' ~ C7C - 1 r • r` r, FF } To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or a K underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, } explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $500.000 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts. of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less thane o A combined single limit of #5002000.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating haz&tdo ,u during the period of placing the facility in operation; and during 1f testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that 3 fact has.been issued by the Owner. Approval of, the insurance by the.Owner shall not in any way relieve or decrease'the liability: 2, - of the Contractor hereunder. It is expressly understood.that the owner does not in any way represent that the specified. limiti 'of liability, or coverage or policy: forms are, sufficient.,or adequate a to protect the interest or liabilities of the Contractor. Again, the owner shall .bs given a certificate o!; insurance a ~r %r indicating tdat ; all of. the above policies and -the,_ appiopriate''' E" limits are indeed; enforced. Th'* certificate shjli also t iadicate ? r 'S< 'r"• that :the. Owner will be given at least thirty 130y: <days, 1rriEten notice of cancellation, non-renewal, or mate dal' change of. the required insurance coverage. All responsibility for payment-.o.t; any sums :resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. 1 ' J CI -2 t~ i / t r' - r' i l "Owl ' i ~N... wCNtg. I ' CRT~FGATE OF. lNSUy !r Q~ ( . ~ _ .'..'4 r rRrruaA i TH* CE MMATE 0 WJEO AS A MATTER OF INFOMATION ONLY AND GONffRS f I NO RIGMTS UPON THE CERT MATE HOLDER THO CERTWICATE DOER NOT AMEND, 707 A PIRST KM & S II'lSTAMM EXTEND OR ALTER THE OOYERAOE AFFORDED BY THE POWES BELOW - D& W, TEE 76201 COMPANIES AFFORDING COVERAGE r, Oo mr A. TRINITY M NffiISAL WWAN R CWAXY cool .ull-oooE L100,wm E FIARIT'OI3D IN,SIIRANC~B 04lpAN'! lrliMMO , CCW JAM-PMLIC OMMY, INC. 6 U TTEA C G. G. RICKS i SW O 1W. P.O. BaaC 2SO ~ p IE9rms TEXAS 76202 • LETTER ` ~S:OYEMOE~~-! TMS IS TO t CERTIFY TMAT u~ THE POLICIES OF' JISURIWCE -'.LISTE:,*fi;~''`!Y'. ~ ~ ,,i...., ~:<,.t' 1y . , ~ { D BELOW HAVE BEEN 16SUED TO THB INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWM4TMDM ANY LREAENT. TERM OA CONOITION OF ANY CONTRACT OR OTHER OOOUMEHT WITH RESPECT TO WHCCH TM ' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE OWMNCS AFFORDED BY THE POLIMS DESCRIBED HERELN HS SUBJECT TO ALL THE nma. EXCLUS104 AND CONOITIOHB OF SUCH POLICES, L"78 SNO^ MAY HAVE BEEN REDUCEO BY PAW CLAIMS. I r ` one Trrl Of W&UAAMC! j POLICY VJWEA DPQLW ATA Duo" Olln (WYD0111I~ AU LIWI i .Eriuw► l ' ~ orxRU LNIUTY f AooRloA n 0oMMVC LL OFNERAL LIAM" rq~UCTB-0011►IOr! AoaleoAn 1 2 r - A F cw" MADEx Ocax' GL74SS%3 10/1/89 20/1/90 PlRRONAt ADYEATiIRq wuR t l 2►000 - j OWNER'S • CONTRACTOR l vrar.' X00 1000 - WED" l j - - - - -f ' - - - : W+r w Fwwry 1 S ;s A AUT0MY60MAA ' L"T T8A6422965 10/1169 10/Ii90 1000 r f ALL owma AUTOS , x BpEomm AUT01 L , t.~ 1 . x I FIIIEO AU,W BoOt~ _ ~ ~ ' 1 ~ X.i NOKOWHEO AUTO! ! k0j"MvQ $ WAIN LIWAY t ..1• ' I • _ .L ¢w its ' . _ lltOlll lA4llTY EACN 111 - ' ti. 441134 1011/19 to/l/W 2,00 1400 ~ OT11ER tMArI LYlRB1A raw ~ r ~ iTATU'TOM F ( r 1' 1,OIIRl/L10011rl111AT10M.. 10/1/810/1/90 i (O1EfAK-[RCN I - ' ♦ prOYl' LABRY ' ~ oElwnaL a owur,oKAncATawrrnaLSanrarwtTawvvtaAl rtsw i Pzojdot: WW. 05& Paving 4 &t&* o I ou"W .00 NY OF THE ABOVE DESCRIBED POLICES K CANCELLED BEFORE TM FSHOVW IN ' f ; f QITY DPNl1at N DATE T/EAEOF. THE MUM COMPANY WILL ENOErLVDR TO f Atta Tlai ShfY DAYS wnmm NOTICE TO THE CER W"IM MOLDER NAMED TO THE 9018 TEW ST. FALURE TO MAR. SUCH NOTICE SHALL BIPOBE NO 08"TTOH OR i LiH+ my TEAS 76201 W LM Of ANY XIND UPON THE COUPANY, rr8 AGENTS OR FMWAWATTYES. 7f r' AOOAO 2" OACORO OOMWIATIOq 1SN j .I t j l' y r 9» ~►AA~h.;:CERTlFICATE OF INSURANCE # 9/4 AND ! M1000CfR NO RHf ArI U)CAT THE SUEDASATE MATTER OF INTHIS FORRM T ION ONLY DOES NOT FETES , CERTI RNW, KING & MINNIS INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW AMEND. ! .10 707 FIRST STATE BANK BUILDING j DB UM9 TEXAS 76201 COMPANIES AFFORDING COVERAGE LLcnEn"Y A TRINITY l1NIVF]2SIIL INSURANCE C( ANY coot IuseooE CO"ANY UTM - CITY OF DENT~~r~~ B CN AND ITS Et~LOYE6S LETTER C c/o RIRCHASM AGENT . 901-B TEXAS STREET LE w pNY D ' j DDM TEXAS 76201 ` COMPANY I. LETTER NY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISMO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHOD TN* CERTIACATE mw BE ISSUED OR MAY PERTAIN, THE D15URANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU&K-CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,r Co. ..~..______TYPE OF p"URAICE POIICT RUY KR POUCT EFFECTIVE PDUCT EXPOUT" ~ •i. ~ TR DATE (VIADWM DATE (MMOWY) All l~lTl ~ 11 ~ r j OfMMI w►t ' Soo COMMERCIAL GENERAL L M1 S N d,, A - I L OCCUR PERSpUI 1 ADYIRTtEtMAOWGATF J OLKW E SW i MAW MAD OWNER' I' COIRRACTdI ' A x~ sPRO. gINI)F,R/APP 9/15/90 For the EACHOCCt1RPENCE ,1500 ~ • i ' Duration f FJE "MADE 0" T j unoro.ii LwuT. of the j ob war o~. P«.e d; i j Aw wto t rc 1 i ALL OWNED AUTOS BODILY c I F _ 1 BCH[-0IA1D AUTO! i, > S HIRED/UT01 _ _ BOOZY N J ' 'l. I, ~ ~ I1011O1M4D AUTOS L y OW 90dd0F4 1.'~ ~ . OMAOE IIAHlT'/ F1101EATY ; 1 .~y'i , ter ! ,1 ^ OMEq LIASIL Y' ! EACH' ' AODAEAAit F[ 3 , d r , OCCURRENCE ` i • ' ' r ~OT*W THAI UMIAVAA Fd1M •D11ItR'1 oowE>,anrall BuTUrom c'. 1 I A AM t 'jEhCH AOCIEffT) .r ; ~ ' I -POiicY t ! r J ' f, (psEA6E L11tT) y fkT \ Ts ELL/LDVEM'LULpLRY EYH ! r OTHlII+ - i ' ,~+I ' Incn`rTroLr of o►[IIAl10Ie6loGi CULL ITn" a , I, •..Lra1..r VA r.rc +W1-:1~2 i, SIJ7ri ll r.`) ~~Y.rf , CAMLLATM III ; . [~{I SHOULD ANY OF THE ABOVE DESCRIBED POL)NES BE CAHf.'£l1ED BEFORE THE 1 F, t tX EXPIRATM DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MM -ItAys WRITTEN NOTICE RTIACATE HOLDER N"O TO M, 1 LEFT. BUT FAAURE TO MAIL S NO SHALL IMP06E NO OBLIGATION OR v LIABILITY OF ANY IUHO UPON COLro , R9 A sElITATiVES... *s': j'ti . AYTHOfAnD RE►1Klf IITARVE ` - RN4EY,KING 6 MI IS i j e1 WOAD CORPOAAf" 1"l .M,.Ji,4MtrD J:aS~~a.u..1.n.aw.r..aJ'a...~,....~.~.~,....rr.... ................_,.,_.......,.._.............-...~-.f .I .n. ` c 71 FF FHRQ• CERTIFICATE OF IWAAIICE CITY OF DENTON j ~ l e 1 Mamee and Address of lQWy city of Denton Reference: 1 Project Name: Project No: Phorw Project tocltlon: i , Managing Dept: Mama abd Address of Insured: Companies Affording Coverage: ~ A ~ B Ph" C i This Is to certify that: 1) Policies of Iasurance listed below live beam Issued and are IM force at this the, ~~a~2y) The City of Oeaton is listed as as additlonll laered as to all applicable coverage, L tt ~ l of Insurance i ~iration Limits of Llab llty - ~henslre 6eeral Liability Oeturrand - claim Made (see fl-Page C14) Bodily Iejury Broad Form to Inc We: Property Dam" ; - Pralus/operations Independents Contractors - Products/Cm Personal im jpleted Operatloes Bodily Injury and Property wy = D&%0 C - ablmed - Contracteal tiability(sea t3-Page CI-!) 3 - Explosion and Collapse Hazard ' - tMderground Hazard - liquor Liability Ccrerage - Fire '"a' Liability is** "age C14) Brad Forty Property Dawage t. - Pioressional Erron/o.lssioas ;'i, - OCCwrnllCe clams 10141e (see h1-Pa go C14) 3 t: + c' Fr Y~ r,' amity kto.obile f Bodily i /Ptrsom r 3~ f Bodily _l~ary/Accident oiamedheased AetopDiles Property Damage.' ?/1 r •.4 S ~ • z =Hind Artanblles les o dam* Combpinnedd - Writers' tomp~~atia and Employers' Liability Statutory AWrat f . each mc) - Ownen ' Protective Liability f Otlar Inserance ,t Descrlptim of Operatloes/Lmtloa/Yebieles. ? Each policy 0411 r*"Ire thirty (30) days notice of canal latiom, an-reeewal, or meterlal emb" (R coverage, 3 (Ste' 12, Page C14)• r y r r JIM and address of Certificate "Older. CITY Of DENTON TEXAS DAR i5M" r PuRai+tslNO AcEGI t 901-8 TEXAS St. AUTHORIZED REPRESENTATIVE DEMON, 1EXAS 76201 4 SEE DEFINITIONS ON PACE C14 ATTACIn. Cl - 3 i 1 } 6,11 is i s DEFINITI01;S 1. ADDITIONAL INSURED: The City of Denton, its elected and notoantPPid officials, officers and employees. (This does y to Worker s Compensation.) 01 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 to cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE! (Liability assumed, by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General - Liability, must include a definition of coverage broad ,t - enough to provide coverage for obligations assumed by the contractor in the referenced contract, This Certificate of Insurance is provided as required b the Y 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 "it -r provide coverage for the warranty ~ Plus one year (to . discovery period for a minimum of efive),(5)nd a extended years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: Involve the occupancy, (construction aor alterationthof City-owned or leased facilities buildings, contents (where applicable) and is to enter installed equipment with respect to permanently structures or portions of structures if psuch damage to 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 tern owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 t i r y I i r ~ . i BID # 1132 PROPOSAL ' • iY"1 TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF II was OAR STREET HAVING, DRAINAGE AND SIDEWALK IN l DENTON, TEXAS 3 The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all tb6' materials called for in the contract and specifications in the - manner prescribed herein and according to the requirements of the City as therein sot forth. It is understood that the following quantities work into be done at unit prices are approximate only, and ace principally to server as a guide in evaluating bids, It is agreed that the quantities of work. to !e done at increased f be prices and material to be furnished may 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 daccoased are to bs performed at the unit prices not 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, S in accordance they it y the provisions to the General Conditions. decreased to cover deletion of work so ordered, days e work is to b o completed It isunderstood wockthat nuand mbecagreed on the bid tbulation full within sheet. P - 1 i i BID# 1132 ; Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid, It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. owner reserves the right to reject any and all 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 s ecification 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: p..2 f F ~ 1( WORK DAYS 60 West Oak Paving and Drainage BID 240• 119 ' r.:.,. (Asphalt) PO 400 T BID TAWLATION SHBBT ITZN DESMPTION OOANTITY UNIT UNIT pgICX I I I TOTAL 3-A Remove Concrete Pavement 50 I SY i = r °o /SY memo.. agncrece f ! 350,0 1 f Curb ) I I 3-e I and Gutter I 49S I L<' I! I ! Remove Concrete Driveway 1 I I /LP I s q a Sidevalk 350 Sy oo I I SY 00. o_ I I I sp-3_ 3 1 Remove coacc.te Inlet I 1 I NA I ! S00°'%0% 1 ! Seo 00 I I I ) ! gP-4~ I rtemove Driveway culverts f 2 I 6A I its °°/ZA I jW Q° •3 ffno ass ed B=caraticn 4,47 6 I 1 pO I Zl oo g 1 6• Lime Treatment of 466-8~ Subgrode r 1 I I I 121.283 I Sy r s / Zr/SY ! ! ~:?,rt 7~ 1 Type A Hydrated Lim. 4*6_ AEI _32urrv I I i ) j I 166 I TON r 22 4aptsalt Pareseat Base I I ) I , 5.7-A.1 I fTYDd A 11.8131 Sy ,9f P 412' ASpWt Pavement I SY ) 3d 3.7-A.2 ! / vve, ) ) 90620 r 9X I ! I 1 1/20 Asphalt Paremsnt I v/ - 5.7-A.3 I (Type, D) I 9420 I Sy ! : 3a I 12• Asphalt +avMent I 1 /SY 24 1 co 3.7-s I iTVw a DataC Material) 1 20 I Toil I ! 3S°O f I al• Asphslt Parrept ( I / I ! lad 7- 4 (valley to r 29 r SY 1 zo/SY i ! ?.;.I. ST ! I ) I 0.2-A I Conareter b a d bllter f 7, 250 I LP I ! r p0/Lr I ! eI; TOO, I 3.8-A.i 16• onccotm Platwock 35 1 Sr I ! 16f1SX fI ! I 1. 8.15-[i I Conereta rr 1 1 I !~j__! SAO a-°/sA I ! xm 00 I I I I - 8.3-A ) N Coacrate Sidewalk I I ! I _11 i Sy I = j0•pO /SY 'A 220 Q0 8.3-e i P Coaaram Deirewr I Me I sY I ! 23 8s/gX I E ?GQr1 ~ r 4 Pattecow aad Colored I I I I E 5.8-A.2 I comcrst• Piatrock I its r sY I A T67 /aX I! 7 plf °P i 14• Jqc sa odul• 80 I I I f I + ~P-34 1 condni I 408 f LP -A-$- /n / g_ 3.7 I ComwMed ill I 673 1 CY f ! 2 S° /cY so sP-2 I Concrete saw cut 1 220 1 Ll 1 ! Sa ) 00 /I P I ! tJp I 5 f Ad ust mwibole ) I A I °o G I oc I1) SP-1 1 I 2 l a I! 7 sn i i f lQp. _ II( f P - 3 I 1 1 Al FF. II I WORK DAYS 60 BID NO. 11,42 West Oik Paving and Drainage PO NO. (Asphalt) BID TABULATION SHEET 13 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL c SP-27.8 Ad lust Sewer Service 1 `-°/Zh 00,o? SP-27.A Ad Just. hater Service 4 EA /,140.69 2.12.3-A 15' Class III RCP 449 Lt /LP u 1~- t 2.12.3-8 18' Class IV RCP 106 LP °-O LP /,VC i 2-12.1-C 21' Class III.RCP 245 LP t ,51D J 2.12.3-D 24' Class rV RCP 115 Gt Lt pO s 2.12.3-E 30' Class III RCP 363 Lt VV/Lt 7.6 5' Manhole and Cover 1 PA I- a%4/3A 796.A-1 41 Curb Inlet 4 EA `s KJ1 / ,a 706.A-2 10' Curb Inlet 2 EA Op °op os 4' Special Type I Curb f 7.69A-3 Inlet 1 E11 i. I- Svc / 10 Speaiai Type I Curb 7e6.A-4 Inlet 1 r: th ao 2.21.5 Inlet Prase and Cow( 6 EA 1.10 o3 pl bDpO 7.4.5 Concrete Swasesent 6 Cr M C! 0,00 ; 70 Break into existing ;s ~y S IF 00 P-31 concrete structure 3 EA Ed 09. SP-4 Lover Water Line 2 EA ~,po~/ERR 3, 2 Qp P, SP-37 Excavation Protection 207 Lt °-°/LP 201-o SP-39 Pro ect signs 2 EA 2 -/I& 0.00 Preparation of 3.1 Ri bt-ot-w I,g ooC zu- 60.4-6 ' Contractors Warranties oe 0 .21 and understanding Lot CC- 11AA 6acricades, warning 0.1 Si s and Detours LS /La J- ppo,0° SP-10 Aoek Excavation IN Cy .501CY p°°- 301007 t rosalch 6 000 Sy , =-Si r& t jj P - 4 • rw"..~. W)RR DA'!S b0 West Oak Pavlno and Drainage BID N0. 177 (Aapsialt) Po No. BID TABULATION SBBST ITEM I De9LRIP22ON O0J1NMy NIT UNIT 9.3 St. u + + f ?R~Ce TOTAL A 9uatine 8oe I o ~ ~ ! I b00 I 9Y I t 2_~~„-~l ! SP-21 rr b Draia f ! 000 r I ca 9.15- Concrete Ri as f f + ! + 10 SY 4! ! 11f~ L I ! } • 3.10.3 Seedin + b 000 ! f f f I f I r I i ! I f ! ! ! ! f f + f + ! r . f + f TEIe it" sap replace 1fYdtosylaA (3.10.7) . •"s. 'Sly ~~~,e V V WORX DAYS 15 • BID N0. 1132 West Oak Street Sidewalk PO tip. r` BID TABULA?ION SBART Y ; IT_8M DRSCAIPTION QUANTIM UNIT UNIT PAICB TOTAL c I I i I 1 0 F 8.3-A ! N Concrete Sidewalk 850 Y Y Contractor's Warranties I I I } X621 !cad Understandings I I Gs I ! 4vLr AS I ! /~o1S°~ r 1 I ( I ' 3019.7 1 KYdrotwlcb 1 11500 1 sP I S .2S /Sy I s 37S°°- j 3.9.3 [ St. Aaat UM0 Sod 1 150 1 S! 1 ! /BY I~ ~180~ 8.13-A I Concrete Rip Ray 1 10 1 ST I S 2700-/SY I ! 270°= I I ( I TOTAL t r I ! L ! / Z fog l 1 I i I I I 1 s / r s I I I ' 1 I I I! / 1! r r r 1 I • 3.10.3 1 Seeding 1 11300 1 S! I ! .~o /SY I ! Ii5.fo . t t I r s / 1s I ;j I t t l t s 1 1 1 r s / I s i I I I I I ~ `t 1 I I I s / I I I I I ~ f I ! L___ 1 t / I ! I I I I s f I: ~ t I t I t 1 I [ I , I I I I f f I I ! I S / I s * This item may replace item 301047 (eydrowlcb) i BID$ 1132 q. ~•.r,,e. BID SUl4!'lARY 'TOTAL qID PRICE IN WORDS ZlAyee-e- oLkrd kid r & AV j In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of j ~ the contract. i It is understood that the work proposed to be done shall be r 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 I proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each ites' •l'isted. in this proposal,, shall control over extensions. s CON R XBy Y O 0 2 0 , rnest AGGless -7 4 Le ft I and 'State, a4. i Autborisation r ( f 'a corporation) 3 PL- 25~~ T epoe i FF 1 1~ • t BID# 1132 BID SOMMARY Work Days Bid 1. West Oak Street 60 $ ~N'f f Paving and Drainage (8' Asphalt) .o° west Oak Street 15 $ ! 74 sidewalk Q r 75 TOTAL 2. West Oak Street 60 $ Paving and Drainage - Concrete) West Oak Street IS $ _ Sidewalk ;I 7 5 TOTAL ,f , 1P s- g 2 V l~ • 1 ~ CIC.~L• C] ' A CITY COUNCII . I } p/ 0~ 1 r d it I i F .f CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § z THIS AGREEMENT, made and entered into this 12 day of MARCH A.D., 19 90, by and between THE CITY OF DENTON of the County of nFwTnu and State of Texas, acting through r.T~vn v_ aARRpr.r~- thereunto duly authorized so to do, Party of the First Part, hereinafter i termed the OWNER, and jAGOg-pUHLTc BOX 250. DENTON, TEXAS 76202 of the City of nvmTnm , County of DENTON and state of TEXAS , Party of the Second Part, ; y hereinafter termed CONTRACTOR. WITNESSETK: 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: BID# 1069 - CONSTRUCTION OF OAK, HICKORY AND FRY STREET PAVING AND DRAINAGE IMPROVEMENTS and all extra work in connection therewith, under the terms as ? stated in the General Conditions of the agreements and at his a (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and sArvices necessary to complete the said construction, in accordance with the conditions and prices stated in the Propoeal attached hereto, and in 'accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructiono to r Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore,as prepared by THE CITY OF DENTON TENS ENGINEERING STAFF r a o which are made a pare hereof an collectively evidence and constitute the entire contract. CA - 1 . FF C..4.0.9 ti The CONTRACTOR hereby agrees to commence work on or after r t•he date established for the start of work as set forth in written notice to commence work and complete all vork 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 j price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract, IN WITNESS WBEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: *ielJoIbA Pa o ha F r Part N Y LLOYD V. BARBELL, CITY MANAGER (SEAL) ATTE . JAGOE-PUBLIC CO ANY Party t e 3 and Part; N is -74, Lge B le F (SEAL) APPRO TO FORM: ~t S orn• CA 2 { r ••a....w. ,.a tiu,:: '.ye„I>'AS'.Yi~u.ty~2,i~~~M.~L r I 4µ PERFORMANCE BOND F STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That { JAGOE-PUBLIC COliPAPiY County of of the city of Denton t whton pr ;ncipal, and SEABOARD g ' and State of Texas ~ URETY cANY , a s authorized under the laws of tha State Of on bonds for f Texas to act as unto principals, are held and firmly bound of ONE MI L 0r N TEXAS , in the NTY HREE H00 penal sum T Tta7 Doll ' ars 1,173,266.501 for the payment whereof and Surety bind themselves, and their heirs a aSaid dministrators, Principal executors, successors and assigns, these presents: jointly and severally, by. C' WHEREAS, the Principal has entere co contract with the Ci d into a certain written t y of Y Denton, dated the 12 ' day , I9 20 . to which contract 'is hsriby referred to and made a part hereof as fully and to the sane, ;i - extent as if copied at length herein. f i Nom, Tl1EREPOREj THE . CONDITION.'OF, T$IS OBLIGATION IS` SUCH, that :if' the said Principal shall faithlullY• P said Contract and shall in all respects duly 4rform and ~ierlora all and gincu,lar the ; co,ven obs a,. ai,contblucl erve t by said ontract a a ant liy agreements 'in-and b itions'^ and r, Principal to be observed and,Perfo greed ad covienahtid.' and ac ordin9 oY'the, true intent and meaning of said Contract and the Plana an Specifications hereto annexed, then this, obligation shall, b♦ void] ytherriso to regain in full force and effect1 PROVIDap, NOWMit p , . that this the bond is executed' ursuant'to F T son, exas as 1959 amended by the acts of the 56th Le islature : provisions of Article 5160 of the Rev=sed Civil 5tatutea..ol and determined in acco dan a withbthetprovisionsha! said'A ahallulb~ t the Same extent as if it were copied at length herein, rticli to., r; F PS 1 , 10, . .,_re 4 u'P44;Jtr<=,inGtWN I Surety, for value received, stipulates and agrees that no nK*~• 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 r in anywise affect its obligation on this bond, and it does I hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the 1 work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19th day of March 19 90 JACOE-PUBLIC COMPANY SEABOARD SURETY COMPANY PR N L SURETY 1 By By - Title + ~ r•~.-• ,'.:.c ~ Title Rosemary Vetiver', A '6rney-in-Wt Address: P. 0. Box 250: address: 000 Douglas Ave.; Suite 700 R Denton, Texas 76201 Dallas, Texas 75225 the" nam f and ' address of the, Resident Ag4nt of Sucety.`is'. CORROON b BLA YNC of Da11 1 y, i . t Y y B3b0 D66glas Ave 4' Suite 700` t ? 7• y` DallasTexs2'`75225 r , r n r , a" ~'0 3Y ~i P9 - 2 I l PAYMENT BOND r a STATE OF TEXAS S COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAGOE-PUBLIC COFYkNy of the City of Denton County of Denton , and the State of -Texas as Principal, and SEABOARD SURETY COMPANY authorized under the laws of the State of Texas to act as ' Surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas, in the penal sum of Ogg mjrl,jj-nm*. SEVENTY THREE THOUSMpIars TWO UMBEn aYmw ($1,173,266.56 for the payment whereof, S%e'%M/Mncipal and Surety bind themselves and their heir's, administrators, executors, successors and assigns, jointly and severally, by these presents: WaEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 12, day, ,A 40 to . I of XAR~ I9r 90 which, contract; : is .hereby.. referred to and made a part hereof as fully and, to th* 'S"* i. i extent as if copied at length; heroin, s tha`tNOil~ theRaaidE, Prin ,139 cip CONDITaO2 OF THIS OB YS sCC9 at al' sh pay all, clai"n s'`au"ppl~rinq a or and n shailebeoyoatatial to him or a subcontractor, in<the' ptoaec: tion' t provided for in said contract, then:Ehis;obligation . t' id, bthervise to remain in full fordo and effects PROVIDED, HOWEVE1t, that this bond is executed pursuant to the provisions of Atticle 5160 of the Revised Civil Statutes.bf Texas as aaended by 'the acts of the 56th Legislature, Rigular::., - Session, 1959, and all liabilities on this bond ihal,l" 6o determined in accordance with the provisions of.said xrtclo .to: j tho same extent as if it were copied at length herein.; :4 { 3 `s PB-3 % FF y F.d.•. Surety, for value received, stipulates and agrees that no change, extension of timer alteration or addition to the terms f 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 19th day of Kareh 19 40 , 3ACOE-PUBLIC CA's SEABOARD SURETY COMPAYY P NCIP ~q SURETY By pp Fact ; Title f dt t TitlB Rosemary Beaver. Atterne9-'in- Address: P. 0. Box 250 Address: 8300 Douglas Ave., Suite 700 E Denton, Texas 76201 Da11as,',Texas'75225' ' kr1 „ Thy name ,and add`r'ess of t.,s Resident 1lge6t of Surety i`s: r ' ,'-INC. of; 6aliee' 6OARO046 BLACK t +1 T " T830b Aouglas~Ave, Suite 200; Dalisi, ^Teius 75225 - k( " ; F rj p -7 P13 4 it ' ,r, . • i bt ~ INS I ; t , 2 MAINTENANCE BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S f That JAGOE-PUBLIC COHPA-V f I as Principals and S a corporation authorized acknowledge themselves toebe state of held and bound as surety, do hereby to pay unto the City of Denton, a Municipal Corporation of the saig t State of Taxes, its successors and ans, at Denton, Denton noon EVMa Fit THDURAND, THRRR County, Texas, the sum of 9 ONE HUND 0 My STX AND 65/100 DOLLARS-----------, ii 26 65 the said sum being ten (101) percent of the it for the surety ndoahereby bind' total, aaaount of the ei principal mentandoned paynent of which suss Said and severally, themselves, their successors and assigns, jointly This obligation in conditioned, however, that: WHEREAS, the principal has entered into a written contract ' with the `said `City of. Denton to build and construct. - y rrstxer p1~ysN~~-i12 ~ r pIGR RY l~rrn ~ - ~ s n ~n~ t nse r0 . which contract and . City a of a nenton, are filed with Cain a dot and specificathere s{ Mentioned,. p ed by the the City, Secretary of said City and are hereby, e poretad herein by reference and, made a part Hereof as 'though the-saae were written and set out in full hetetnl W)V► TURalORB, it the Principal shall well, truly,. an Yea;otroecthe ' faithfully" maintain and keep is gperiod ood he work d be done and acceptance in f by the City of Denson and do. all te of essaky work rk and repair ti of writing by any defective the conditions growing- ; including, nec out of or arising from the improper brework aking, cracking or other , 4 but not limited to, any settling► Ma - 1 A t ky S defective condition of any of the work or part thereof arising . fwvae ~ =rom improper excavation, backiillinq, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of f defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continua, throughout said maintenance period, and the same shall not be'' changed, diminished, or in any manner affected from any cause during said time. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. r IN WITNESS WHEREOF, this instrument is executed: '.duplicate,;deliY each one of which shall be deemed an'o'riginal, this of March' , A. D., 19 90 ; ,4! the l9ch PRIM IAt. ' SClRETY. §Et►1S0ARD SURETY COWANY TAOOE- i7BLIC Cote , r.. i... a 47' . Roaerarp Weaver,' 'Attoraeq-in-Fact Pct:- 011 z !l8-2 i 1 1,♦ I r I• r i Petfkhd _ OFF 41 fi SEASOUD S'URRW CO Y -10376. __ADMIh11ST~WIVE OFF"Sr B8t)MINSTEfi. tJIcVV JEF;SEY POWER OF ATTORNEY KNOW ALL MEN 6Y THESE PRESENTS That SEABOARD SOPt3T bl!50AANy a of the State of taew Yor14 Etas CorporaLrNi e made eonsirtu[9dend appo~Rted and by these presents does:make• comfitute ardappoini ]20S~14ary Keay@r 9X' z:MN :4'ony "J Riepec or`K.tt. Harvey r i _ 1 DailaB Texas 41 its iru8 and fa wfulAltprney 1n4m0-L to riiska. axacute and 6HiwY on ib bihatl knurarke t indarlatdrag~ as►d otlwr kuh+msnts of *40 nil es touowd: P s, wnty WINK Without Limitations Such Insurancepdic es surety bonds, undertakinO aM instruments for said N poses, wfien duty exl t,ted by the aforesaid Attorney k Fact ahatf be t~indinq upon the said Gotnpany as fully and to the carne extent as it s" by the duty duthottzed flcars of a Cornpeny ~Itd spared w th its corporate sea[ arld ap the ads Of said Mori* _44 Fact pursuant to the authgrrty hereby gN#k pi tSeteby ra4fiep and ZOnGrmed This appointmet5I is made pursuant to the following By taws which were duly adopted by the Board of Drrectot-S of the said Company Ois DecMl6er 8th, 1927, with Amendments to aril including Janulsry A5, 1982 and are stif3 in n-fuR force drld effect. ARYiCIE W SECi10N s. _ - "taoatki, t>errds ritoprr> w4s, . cotwnb a ah. a w artakkles artd 1nsltwrisrW raw" 1 sn warcepoi(ere:>aooes rer~grsane.ssGp~daswnr.cQ>x„SeotsurotyuwWever rgW+se.fikrq.ofu.iCOMpeny.rKw~etsuert+Qreen,ar><ir+dnrF+er xrqugs rash ig ps thimr tt io i" 6s at 101i6 *4 relnd~t s1+W t» s peed n name k d an bshed of ey CsmDaM ? ta}oy.? I:havmMoretaBOartl,ttNRssiderilaYxa-WKrdentaaRes.dlM1fiM-PRt1dMtandt/yt7+a9lCrlta+SGan_ ra[rt$tCrEtaryat1fSr4Nr[ - S_ "Ury Or Rh derd Ai>< StaRl S!+ ifsa y d fbj QY an 4tar ~y-M Fief is iha Cortspaely ippo~+ iy rya ik- A Izad sly tyre ~ha rmNCnr it+a t r s Pre1 dam a a Ya Prs>;oaM 1d cute such s 9n.htn Of 4c1 6y >Ii+ctF otl+er ocey dr repesematyn at C+i 8oar4 r1~ry cram 9are b rma deren~ns 7fx sesrarBie GompanY an+H rf ±vDrdD!~k as anuW t?yreso aY anY wcR off-0 - MtaAey3lrf t a Itt WITNESS WHEREOF, SEABOARD SURETY COMPAFiY alas caused theae`preserlt6_fp be aigriQd 1sy one ors yice. I esadet►tsz8nd its tpofYle $ 241 fo be hEteunla allied andY attested by One o«e AItslStant Settark+~ IhTS ~>a dsyo[ Septefebsr 198' SEA SUETY,C0 1 ~t7NYY ~ ASET = ` _ _ 1shR w i4rH i an' pcrsonaRY acgti6mted vfia Datn9 by me duty sworn. seTd thaf fie te3fdes3r fhe a of 3 > 1 cT fps thpt f1e is I! 1f~Ce Prxident of SE1160Afi0 S(tAEtY CCMf>AAJY the pgrpoiatloaz deSrr~ed q !Ad whff~slxecl"ft fr3strultlen7 thalheknclv9 thecorporefesealoflhesBldCOmpanyrtmtthafsifaHr~ledi49aJd +eirt+Rief .isfUCiL?6f¢gri~0 that l was so aftutedby order of We Board of Omedars"off s asd Cort>penr acid that he3Ved hisr~arlle th0reto rbsY f~,[9t s _ Y by 414 Authontn fELlt fd CATALANO WARY PUB{} OF NE19 IERSEIr r _ } ify c0imlissioe ftD June 1, 1991 iioray+pvafc C CWT f IF K A T1 rrfder>,pnedlusFstsrrtSeaeferyolSEA90AROSt~iETYOdfIPANYOOMnblow* OWtheor;gkw wwofAaorrieyotartkh hk %tat q of _R arlaeo w copy, 104 flora d+d sbacl on oK6sfe Of cwc rob ab and l dd fuTa Mrtiry tnal>f Y" Pnsidw*tga,cgavbdY a NZd o1 ?ul_4etfki IaH one of CF, OttiEra auSnoiteed h ~ Board at Dkeetars tb a~pM- an AttortW Ww K ProvtdW In Frtiw VR t3ecfian K p__ ~y Bye awq%d , SEA80AAt) &C1REtXCOb;PAftY _ - 1 G~rtaltala dray bo sipnea and >»+Nd M tacsknrts w der and aY siMsprtry pf 0* totioninp risohAton of ft Easeuths tbmr2Rie. of us Boardoi Orauon o15fJ14pARp SUfisYY CBGIPANY at a mwgna d arw on 1hf7SI>46ty of With H70. 't1ES9t YED Ytyl tM, tns of a prrr{ad raa+rt~oa itrfulb capoq t tat of, &A - _ , of *(Aso sfar~f sieratay o~yy t on oitirsea+se►!!ea of i oopir dWh R+nY and of urs 6wthxv hstnr~ aacuFad try e>• PTold loen(dr. Pita lin+ZdNd ySUwird wArticN 154~sart of 9y lays t u+aauax}rrrr a ors afton,ey trtaa b aJqmIn tlrs nanla end an tlehatt of ®la CpnwnY.txNy bond. u" rrl WWfrrW cr odair tnafrsrdlanls biscrteid Yi 1Ga1SArGC1a ht fiesxor► t. M falaha &a it auee+ Ilaat and loch etpni(e tled tisNt ►rs+aAyfG1~d1_drd noes t+Ma6l~ t/ mad ana aea'- = IC 11iimN Wf~E11E r f havenfo sat a 9na t - a,e ~atybraFs > w 66( 16 MEN _ ~ ~ ~~~I~ 1~---.•~ ` ~ r ~9 Vii, ~ _ _ _ _ ~ _ _ _ tf.awy For ver kation of the authenticity of this Po"r ol,vtorney you may ca ti, collect, 2ol 65&35oo and ask kx the Pcher d Anorney clork. Please refer to the Power of Attorney number the above named indrvidual(s)and derails of tho t»M to which the pourer is atlached rn New York, Dial 212.627.5444. FF CITY OF DENTON f i INSURANCE MINIMUM REQUIREMENTS ? y INSURANCE: 1 Without limiting any of the other obligations or liabilities of 1 the Contractor, the Contractor shall provide and maintain until ' the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title.of the project shoulu be indicated, and the City of Denton shoulo also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change., I or cancellation shall be givens o 'ihe City of Denton shall be an additional named insured on ail policies. 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY, This - insurance shall protect the Contractor against '_'all claims _ under applicable estate workmen's compensition'?1'ays._ The ' contractor shall also., be protected against, claimis for ie jury, diaease> or death of . employees wf:ich Eor . any ; j. season,aay. 'noi, fall within' the p`iovisions of: a„srorkmen?s F x cocperisation:law. The ' li ability limi is shall not be leis' than. Y S• o Workmen's Compensation Statutory. o Employer's Liability - Statutory II, COMPREHENSIVE AUTOMOBILE LIABILITY This . _ insurance shall. be written in 'comprehensive form and shall protect the Contractor against all claims for in uries to member, m the the public and damage to property ofjothers arising frof use of motor vehicles licensed for highwa se they / u, whether the are owned nonovned' or hired.' r 1 The: liability limits shall not be less than: I + o A combined single limit of $1,000,000. Ill. COMPREHENSIVE GENERAL LIABILITY, This insurance shall' ue. written in comprehensive form and shall protect the F Contractor against all claims arising from injuries to members of the public or damage to property of others.." ;r arising out of any act or omission of the Contractor or ? his agents, employees or subcontractors. CI - 1 1 To the extent the Contractor's work, or work under his ; direction, may require olastingr explosive conditions, or underground operations, the comprehensive general liability ~x coverage shall contain no exclusiLn relative to blasting► explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $110001000. i Y IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the, work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Ownec, the Contractor is responsible for obtaining it at his expense. h The liability limits shall not be less than: o A combined single limit of $110001000. s. INSURANCE SUN WY: The'Contraet.shall provide insurance to cover, operating, hazards a operation `and du~'ing f during the. pefiod of placing the facility in r te'skingj,,and.until,such time as the, facilities are completed and written, nottc.e ~ o#~-;that . acbopted 'fbr operation by, the- Owner and,. by the Owner. Approval of the insura~lce by has been issued, fact the'Owner shail'not in any way , relieve or decrease the_~liab,ilfty r of the.Contractor hereunder. it is eiOcessly understood E~hat thee` any way represent is ,specified limi`ts of Uwnar doAs not '1n that th liabili't or coverage or policy forms are sufficient :or adequate y to'proEect the interest or liabilities of the Contractor. I Again, the Owner shall be given a' certificate of", insurance limits tare indeed lenforced.' he certificate and the appropriate , shall. also indicate that the Owner will be given at least thierty ri (a3l' ) days written e change of "the i i for 'payment of tet`uic~edfinsuranceancovonerage non.-rAll'enewalresponsibility , or matt. d any ;sums resulting from any deductible provisions, corridor or self-insured retention conditions of the, policy or policies`shail remain ; With the Contractor. The Contractor shall not ° id-Any Work Until the Owner' has reviewed and approved the insurance' certificates and so notified the Contractor directly in writing. :i any notice to proceed that is issued shall be subject to such ► approval by the Owner. CI - 2 F. f K'' • CERTIFICATE Of I MSIJfiAMCE a CITY OF 0 pT011 jr Mw and Ad*WS of A 0my City Y, KING MINIdIS INSURANCE of Dante" Rafaraeoai j~ - Project Maws Oak, Hickory, Etc. Z 70 f7TR~7 CTATF RAMI eflTlnT~+^ Project X03 DEMON, TEXAS 76201 Plww 817-382-9691 } Project locatloni ni +4i"9 Oapfl ~ i Mar and Address of Iaswed1 Cpanir ffA ardleq Cover - - JAOOE-PUBLIC CO!ff~ANY, INC. B TRINITY uNmmSAL rNSl1RANCE 0CVPANY x 5 e 1DAUf~ rn pNy Denton, Texas 76202 p~ 817-382-2581 HARTMAn TiS4 C This Is %cartify tmt polities of Insurance Iisfed below mm been Isswd and Wo in fame at ttat time C"fafty Tme of Insur P If Expiration Limits of 1.144111 p CrwN llaplllly GL7455963 10/1/90 - Clalss Nedra (sae i2-rwersa) dodffy Injury fro-W Form to lneludI _ Ises/overations Property arrga = lod"Wmi"t Contractors X ewsomal /Cr'jT d Operstlons aodrly Iajwy and prop" + Contractual tlarslllty (see Il-roverae) Oeasyr Caplnod : Erylato" &W Coupes Ward 1 000 f liiqquor~ll~ablfib~yy CCowrpe Fin lpa! liability (see /3-reverse) Fire Legal soy J } ~Oroad~Fona Property 0401611110 - hofesarosal - Wdicdl S ooairrr"oe E" rslUsslons ' ; • elaisr ..dr (a.r !2-hvers~ i p liaCflllfy we &40"611* 6422963 10/1/90 wily r vly/Parr'oa a.,dr rr I~wyiAal`.d, X Artombi ISO y to.oblles rrpcM Came" III red Au oeoaf les aodf ry iajary , a+rYo Coabfaw =~rAAB iStafttarv Asowt s' f 1WZCK123s 10/1/90 awanoe B R0 i„ r 4 f ; A lla/Excess Policy 007441134 101119 51000 Occurrence 0"Wiptra! of Oprrrlrog/Locaf le log, T)a City of Daatoa Is es adlltlaaal I"surrd es Its faterwt ary , pW+r as dot fncd an ft few" Aida I ti ' ! F Mir Md addrwa of c4 tlflgrfw Moldrr. TOW rch 20 1490 MY W mm t , Pic" ION ACEI'fT 901.4 TExAfI ST. 0010Mr TOW 7WI Aa NAN to pwa uifta. 00171 Cl - 3 w i r FF CERTIFICATE OF IM"AMCE C I TV OF DWON t. ; i Ma" r+d iWditit1 of If 040KY City of Mfon Rsfww"t Project 90e7 Project Ma phone Project Locations i Managing Depts 3 Mw and Address of Insureds Companies Affording Coverages A ' e P%Ww C This is to Certify 04t policies of laswance listed below Mee bees issuasd end are lot forae at ibis ciao. T Ins PnIi Escptratlon Limits of Ll ev Ifu*er 000 In QoOomrrwm etwdive Q~@1 Liability Ocaurrso - Claim Made tae n-reverse) Wily lejsry = Or*" form to Ineludei Property ogee" Indepen4m CCoetr cta" persona III ury rations ODamage c*in" and h~~ = r - Contreafeal Liability (see /I-reverse) - Eviction and Collapse Muard - L%dewgrownd Mesad 1.10or Liability Coverage - Fire Le"I Llab lily (see /S-reverie) broad-Fors Property Oeswe - ; :Profwaian.i Erras%Oslsataea . _ cl~alei' y Arle srbll~ 4w Wily ty' LI 1 wy/Prtrson ~I I1 y,; bodlly.ln~wy/Aoaldee+ ~ ~ - 4weed/leeeN Artosobllet f d Mond Awtombll« h f1►`0!110M Mired Automobiles Wily lry~ /Pro"ety wrtw:,. co w.+lon «d Sfeh,f,ry A m + trgt~y~ri' L 011Ify . Owar Ieawaiiea OnWIPfles of 00"Mlaa/Loa+l*m1%btolw* Trm City of QMtm is w sddltloeai iiuurel ar ifs leiMwt My apowr as disf road 'ea the `reverse side. ' - - 460 aN sdtrra of Csr+l f l«h Molder. T11 dF Oflrt01i TIM 1 901-8 TM ST. 1 l DEM P TEXAS 76201 SEE &MAMCE Of Cd101T104 ON PAK CI-/ ATTAOU. i 44 0O/Si Cl - f.~a.. 4 4 1 i CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to worker's Compensation,) NOTICE OF CANCELLATION; Prior to any material change or cancellation, the City of Denton will be given 30 days advance written notice nailed to the stated address of the Certificate Holder, City of Denton. 1. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The, contractual liability requirement shown on the reverse side of Comprehensive this General Certificate Liabilit of Imustnsuranee under definition of coverage broad enough to include a 9 provide coverage „ rr obligations as assumed by the contractor in the .referenced contract. This Certificate of Insurance .r is pro required by the governing contract.' 2. CLAIMS MADE POLICY FORM. Required,period of'.cov?rage , will ,be determined by the following: formulas Continuous covirage for the life of the `contract; plus c one year (to provide coverage for the warranty period), and a extended discovery , period for a 'minimum of 'five ~ (5) years which shall begin at the and of the warranty period. ` 34 FIRE LEGAL .LIABILITY ; (Required in all contracts that involve the occupancy, construction or alteration' of City-owned or leased faciliti s.) Insurance is to. cover buildings, contents (here 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. ti r, CI - 4 n r. i~ II BID # M I1 PROPOSAL I THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF t OAK, HICKORY AND FRY STREET PAVING AND DRAINAGE IMPROVEMENTS IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or r parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any otner person, firm or corporation] that he has carefully examined the form of contract, Notice to Bidders, specs;ications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary. labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the , materials prescribed f herein t and according n to ep the f requirements toE manner i i - 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 III contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the, F provisions to the General Conditions.. Similarly, they,may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation' sheet, P wuw:e+Wt r+i 1i ti BID# 1069 r: t it 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. 1 It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall' fail , to execute. a i contract and file a performance bond and a payment bond within ' fifteen days after its acceptance, in which case 'the bid` secu security shall become the property of the Os+ner, and shall be inconveniences suffared nbylthe Owner e ondacc untaofasuc and, other h lailure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidde'r'on' other contracts, either public or private,. in. evaluating- bid Proposals. Should bidder alter, change, or!'.qualily any, ' specification of the bid, Owner may automatically disqualify. `w bidder. The undersigned hereby proposes and agrees to perforwi all work whatever nature required, strict accordance with,. the plans' andp dtion' for the following 'sue or 'prices' , to wit: : h 41 i r P 2 i7 3 is i•: it Fir .I WORK DAYS 70 Oak Street Paving and Drainage BID NO. 1069 PO NO. i BID TABULATION SHEET i ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-A Remove Concrete Pavement 112 SY o--/SY a . Remove Concrete 3-B Curb and Gutter 8.791 LP /Lf l 8c Remove Concrete Driveway 3-C and Sidewalk 20815 SY /SY ZGO. 1~ SP-33 Remove Concrete Inlet s EA 40 ~A m co >1 3.3 Unclassified Excavation 6,750 CY Go/CY Q° 6' Lime Treatment of 4.6-8 Su rade 25,199 SY 2S/SY ~S Type A Hydrated 4.6-A Lime Slur 340 Ton °O /Ton ~p Gc 2' Asphalt Pavement 5.7-A Base ( e A) 24,639 SY G~ /BY G>4 / 4 1/2' Asphalt Pavement 5.7-e Bass (TWo A) 21,201 SY 79 /SY O S7~ i 1 S. 7-C ( Type 1/2w Asphalt Pavement 93- + 21201. Sy /SY / 9,f f 2' Asphalt Patch , r 5.7-D Material (Type D) 245 Ton'! /Ton pO ' 8.2-A ' Concrete Curb and Gutter 8 962 LP i rty 1 L /Lf 2.°°' - { S.8-A-1 6' Concrete Platwork 420 Sy• .s /gq O,ca 8.15-A Concrete Rip Rap 45 SY/Sy SO -z 3. 8.15-8 Concrete flume 1 EA 72A GQ SP-47 Concrete Steps (Set of 3) 6 EA 8.3-8 6' Concrete Driveway 2.126 1A 34 SY 8.3-A 4' Concrete Sidewalk 432 SY O /SY O oc SP-40.A Rebuild Manhole 1 RA OO •-/EA ddo.02 SP-1S.9 Adjust manhole 16 EA dG /BA I SP-15 .A Ad lust valve 30 EA 0~ ILA x /Co. 0S A 11 3.7 Compacted fill 281 CY /CY i" 71 SP-2 Concrete. Saw Cut 2 154 LP 0~ /LT oa SP-41 Adjust Pire Hydrant 4 EA 4 006 A Z 000.°~ i S. P - 3 F. ( Ole i FF WORK DAYS 70 p.a•~. BID NO. i 3{ Pd NO. °d Oak street Davin a,;J :raina a { BID TABULATION SHEET ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL 1 I ao t / ~c 1 - LF 9(i. 2.12.3-A 18' Class III RCP I 348 I LP 1 S~ LF I d ,r I s 19 t_/..~ 2.1263-CI 24' Class III RCP i 602 i LF i f 3Z 20/ I - 100 I LF f 2012.3-Di 27' Class IV RCP 187 LP I I Oa LF 1 2.12.3-E1 30' Class III RCP i 3b I LF Go_ I 'I'I oQ ` . Z 3-ti Class IV RCP 89 LP Z LF ` { i t Co 1 ~O 00 2.11.3-e1 18' Class IV RCP 1 291 I LP I S Z8 /LF ` s~ls~•- i 136 1 LF 1 s 32°°/LF t sf1 3St.°- I . 1 2 12 3 Ii 21 Class IV RCP I ~ I 1 eo 2.12 3-.r1 24' Clasa ri PCP i 432 1 LP I ! $'/LF l I as ~ 1 Z o0 i 2.12.3-L1 36' Class IV RCP I 236 ( LF I / 1 I I 13_1 I e c_ I I 41 It LP 2.12.3-MI 42' Clime IV RCP 1 { S iLF 1 8Z~1L Dicact Drive I I Io I ¢ 2. 2.3 M1 Box Culvert 1 315 I LF I s 7 / I !2 7SZ , 1 Standard I : _ ,QG 01 /LF I 's Q.yGO•"~ t 4' X -Y Lr i 1 12 3=01 Box Cnlvect I 110 OO i 5 I. 1 I I o3 as ' 1 Fd1 Od EA ' r , 7.6 11.1 4Kanhojo$ d Cover 1 I I 1 AA E1► 00 79-1.2 1 s' Manhole and Cover I s, X-54-junction Sol I I I 1 I 7s .7.6.A 3 1 and cover 3 EA 0 1 s' x.71 Junction Box I I 040 i ' N;, 1 b I EA 1 3 2 275 PEA I s /3.TO 7.6.A < I end Cover I I I oo 15' 9° Junction Box i 7 d.A S and Cover 1 1 1 EA I; 2l'L`f 7 , $ I I I I o 0!' EA I ~a~.+++rac-- 1 I 3 I EA I C. -7.6,h- b 4' Curb Inlet 7.6.A-7-1 6' Curb 1 I 11 I EA 11.-310 1EA l :Q-: I I 1 I CAL I ~~o /EA I ~ 1.908 ' 6 A 18' Curb Inlet I 8 1 EA I: L t I 2 I t11 11 1 KQ°~7E1► 1;_! `~s~m 7,60A-9 110, Curb Inlet t " P 4 I r J . I WORK DAYS 70 ~',ax.... BID NO. 106+4 +S ~ PO NO. r Oak Street Paving and Drainage BID TABULATION SHEET i ITEM DESCRIPTION ANTITY UNIT OMIT PRICE TOTAL f r 2.11.5 Inlet Frame and Cover 26 EA ~16A SP-31.A Break into Existi Inlat 2 EA ~/EA (Break into Existing SP-31.8 Junction Box 2 EA e? SP-27.A Sewer Service Adjustment 29 EA > SP -27.B Mater Service Adjustment 29 EA deg `-/EA GO.°~ ' )oo Y -!r- 4M h Sp-4 Lover Waterline 21 EA/EA SP-44.A Remove 18-'-RCP 1 EA /00 YEA 00 SP-39 Project Si na 2 EA 2,5O Contractors warranties J %LS I °e 1.22 -and Undetetendi s - t? oQ SP-37 Excavation-Protection - Preparation of, 3.1 Ri ht-ofita 8.2 Si;nacaned ;aetou[snQ 1 SP-10 Rock Excavation SO r1+ P-21 french Dr4" 10816 L! /L! 7 /SY Q19, 5 770 SY 3.30.7 8 dromuloA- k, le 3.9.3 St. Au u,"1*e Sod 577 SY /SY Ilo Remove and Replace SP-43 Brick Sidewalk 3 SY pc~ /SY oo Misc. Sprinkler System ' `*/LS _ SP-49 Adjustments,— 3. Galvanized 2.12.9 Rigid Condwit 325 L! ~~JL! de _/r 400 SP-50 Pull Boxes- 8 EA Z 00 A TOTAto X3.20.3 So die 5,770 SY .70 /SY V This item ■ay replace 3.10.7 (8ydromulch) P _ 5 i r }Mt,,,,.,. ' i FF l WORK DAYS 25 BID N0. IQfi9 F.v.r. Hickory Street Paving and Drainage PO NO. i BID TABULATION SHEET ! + ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-A Remove Concrete Pavement 393 SY °-°15Y Z /ca Remove Concrete o 3-B Curb and Gutter 898 LP 8~ /LP y Remove Concrete 3-C Drivewa and Sidewalk 230 SY /SY t0,j0- SP-33 Remove Concrete Inlet 3 EA /EA F 3.3 unclassified Excavation 11025 CY /CY 6' Lime Treatment of 4.6-8 Su rade 3 ,,524 SY So/SY Type A Hydrated 4.6-A Lime Slug 48 Ton .5 '/Ton OD 20 Asphalt Pavement 90 ~0 5.7-A Base (Type A) 3,372 SY Z /SY 1. 7 Q. 3 4 1/20 Asphalt Pavement gO ~o Y 2 S S - / 5.7-e Base (Type A) 3,097 Y 1 1 2 Asphalt Pavement r•. 517-C I D) 3 097 SY 2./S/SY 5'S 2' Asphalt Patch e, S.7-D, Material I D) 10 Ton y 8 2-A. Concrete Curb and Gutter 970 LF /LF `A } SY S~ /SY 7DS i.8-A.1. 6• Concrete Platwork 30 r 568-A.2 4' Concrete Platwock 223 Sy O/SY 4 Patterned and Colored N 4 - 5.8-A.3 Concrete Flatwork 56 SY Af, /SY 1. 9 ~0.4 1;} Patterfie(T and Colored SP-42 Concrete Bench 1 EA Oo•°'- 80-A 4' Concrete Sidewalk 60 SY 'LOS/SY o c i 8.3-8 6' Concrete Driveway 434 SY 2 -'-/SY wow. S7-15•A Ad Just Valve 4 EA O0*- /EA O•~ + SP-1S.B Ad uat Manhole 6 EA 00CP EA / 00 '3.7 Cos acted Fill 25 CY /CY D•c~ Concrete Sax Cut 450 LP 0 EA 7.6.11-7 6' Curb Inlet 1 ;Z oo`%EA J4,-lo 02 r, P 6 i 4 as►s• WORK DAYS 25 Hickory Street Paving and Drainage BID NO. 1069 r, PO NO. i , us I BID TABULATION SHEET ITEM DESCRIPTION ANTITY UNIT UNIT PRICE TOTAL 7.6.A-9 10' Curb Inlet 1 EA 7°- 2.11.5 Inlet Frame and Cover 2 BA g /CA op 2.12.3-A 18' Clasa.IV RCP 20 LF to D 2.12.3-0 21' Claca IV RCP 56 LP Z06 AF cq_ 2.12.3-C 24' Cla3s-1V RCP 396 LF So/LF o0 SP-4 or Waterline 2 EA o°-/EA C~ . 7.6.A-3 5' x 7! Junction Box 1 EA z7 yEA a Contractors Warranties 1.21 and under - LS i Sr-37 Excavation Protection - LS os/ Preparation of 3.1 Ri wWay LS - 2 oo0°71s a' " Barricades, Warning 8.1 Signs and-Detours - LS °7L a? W ? s 9P-10 Rock Excavation Sa /CY a0.° i "TIT SP-27.B Water Service Ad ustoeat 6 ~ EA oo/EA SP-27.A Sewer Service Ad ustment 6 EA If AjS~ r SP-21 French Drain 323 LP o0 co /LF 3.30.7 dromulrh 100 SY /SY O.cQ v k.i 3.9.3 St. Au uatine Sod 10 SY zo /Sy Z. o0 SP-40.B Rebuild Uistin J-Box 1 EA e~. SP-4418 Remove.-Existin CMP 2 EA -r?/EA oQ . 3' Galvanized 2 #12.9 Rigid Conduit 1SS LP pO , CP- -/flip 7'170.. SP-SO Pull Boxes - 00. TOTAL ft.11410 in' 99 33 12 E r •3.10.3 3ladi 100 SY 70/SY 40 - 'ibis item may replace 3.10.7 (Hydromulch) P-7 r , .1 owl FF WORK DAYS 20 BID NO* N Pry Street Paving PO N0. { BID TABULATION SHEET F- ITEk DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-A Remove Concrete Pavement 35 SY Sy GO Remove Concrete Curb z 3-B and Gutter 1,480 LF LF kt/ 0= Remove Concrete Driveway o 3-C and Sidewalks 661 SY Z Sy i Z_ 77 C Lo 3.3 Unclassified Excavation 825 CY CY 6 L IS* Treatment 4.6-8 of Su rade . 3,823 Sy 5? SY IT Type A Hydrated Lime 4.6-A Slut 52 TON " /TON G10.QO- 4 1/2 Asphalt Pavement 5.7-e Base (Typo A) 3 090 SY F~ SY 2 00 1 1/2 Asphalt Pavement 5.7-C ( TYP* D) 3 090 SY / S SY Sb 2• Asphalt Pavement 5.7-D Patch Material (Type D) 1 TON a' N 3 0o i 8• Asphalt Pavement 547-F valley Gutter. 24 SY SY ZGpO- 8.2-A Concrete Curb and Gutter 1,451 LF a Lp 00 5.8-A.1 6• Concrete Flatwork 23 SY s° 3?7 AM 23. 8Y 8:3-A 40 Concrete Sidewalk 114 SY O°Q SY 280,°4- 8.3-B 6' Concrete Driveway 556 SY SP-41 Adjust Fire Hydrant c? EA 1 EA o! SP-15.A Ad ust Valve 3 EA EA SP-15.8 Adjust Kanbole 4 EA 2CO'%A 3.7 -Compacted Fill 25 CY CY / 0 SP-2 ooncrate Saw Out $28 LF LF pO- CoAtractol<s Warrant ea 9 1.21 and nnderstandin a is Z 118 09 Preparat an o R q t i 301 of way L3 BarricadiAp Warning 8.1 . signs and Detours LS gool L3 04 r SP-21 trench Drain 1 000 LF AF A'P pO P - 8 4r low I l r l WORE DAYS 20 + BID NO. 1069 Fry Street paving PO No. 1 .o BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.10.7 H dromulc6 765 SY 70 SY 3.9.3 St. Augustine Sod 77 SY 3. 7,5, SY 14. Niac. Sprinkler System SP-49 Ad ustmenls _ LS p0' AS .ee Remove and replace , 80 Concra a R6t&lnlrkg Nall 94 Lp _ TOTAL *3.10.3 8eedin 765 SY 7 _ o SY X35, I 'a I - r Y, * Thie it$* may replac6 3.10.7 (Hydromulch) F _ 9 . f rl r 1 r s WORK DAYS 20 ' BID N0. I Oak, Hickory, and Fry street sidewalks PO NO* f~aa.e • BID TABULATION SHEET I ITEK DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SY ZS Sy 2 1 S 3-C Remove Concrete Sidewalk 2j649 8.3-A 1' Concrete sidewalk 3 694 SY Tr SY 30.x° Contractors Warranties yt3' 1.21 and Understandings LS / L-S e ~ AAW SP-2 Concrete saw. Cut 400 LF = Lip `i ,v - - - TOTAL !il j ' e ~r P' - 10 FF y 11 ♦1 WORK DAYS 5 x pFrY Street Overlay SID N0. 1A69 PO NO. BID TABULATION SHEET i ITEM DESCRIPTION OANTITY UNIT UNIT PRICE TOTAL Mill and 2' Asphalt SP-51 Overlay 1,378 SY 37SY ~e SP-l5oA Adjust Valve n, 1 EA %EA 4.°.L SP-15.8 Ad Just Manhole I EA 2aa"°'611 rt; TOTAL 3D,, z • - ?7 t fl Y A 1' y a' r~ i + S 1 t tt r P-11 ! BIB+ 1069 rs Eµesa e BID SUMMARY i ,f ' T0T1 BID PRICE IN WORDS ' jU 'O n ee? ell) In the event or the award of a contract to the underai n*undersigned will furnish a performance bond and a g d, the Pat' for the full amount of the contract, to secureenproper compliance with the terms and insure and provisions of the contract, to. 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. 17 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 undarsignsd certifies that the bid prices contained. in ,psis Proposal' have oon carefully checked and are ',submitted as r correct and final. Unit. and lu■P-au■ prices as shown'for eaca',item listed in this;,, ~ropoaal, shall-dontrol over extensions. .r CONTRA A BY x,' 0 2~'- o r . S Qet [e'la oK'~ ~D Seal i A~uthortgaion r (If a Co! rail ) 8/7 ESL --2a'8~ ~o oil 'FsI'e~ one :.s f r r R. F«sx r r , . j BID# 1069 r BID SUMMARY Work Days Bid s (1) Oak Street Paving and Drainage 10 w ' (2) 8lckory Street Paving and drainage 25 ale, s (3) Pry Street Paving 20 7. j 2 3 `9..) (4) Oak, Fry and Hickory Street Sidewalks 20 i 43>>• (5) Fry Street.Overlay 5 _ Z42~3' ~ - rl; j ~.,??tL a TOTAL •140 s4, ..i.~- t"' Y I IL [ r e ~ jksz t 1 .t \t ~ F T 1 tI t R~ ~ I rR ~~ri~~'~'• S~~ i 'rtr ~ 8 - 2 r r' , i'1 'y'. ~ I' ~ z r r J u ! I , 5 rr I 4 , FF PI I~ I CI qY1 COUNCII °r l t 0 I!I 1 ice, 1 - '1 S) J i 1~'iyy ;i F: y + l R i•~ 's 'q~i + fIJ by ~ y Q , ~y~` J y. A rn 11 o CONTRACT AGRED2NT STATE OF TEXAS COUNTY OF nFtrmN ) THIS AGREEMENT, wade and entered into this 17 day of JANUARY I A.D., 19 94, by and between THE crTY OP QENTON of the County of DRa1ToN and State of Texas, acting through I.LOYD V. i~ARR .7.7.- [`TTY thereunto duly ER authorized so to do, Party of the First Part, hereinafter termed the OiiNER9 ~ t y 'COMPANY, P-O. BOX 250, 1020 FORT NORTH DRIVE DP.NiON TAM 76205 ~ t of the City of nF,,,,•n~ , County of np~Tnu . ;i ` and mists of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR WITNESSM: That for and in consideration of the payments and 1 17 agreements hereinafter mentioned, to be made sod performed by the Party of the a ;;r 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 at follows: BID# 1042 - P.O. #94687 AVENUE A AND B PAVING AND DRAINAGE ~ k t!, S_F=I0N I $437048.95 i and all extra work in connection therewith, under the terms as stated in the ` General Conditions of the agreemsat; 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 Agreemect, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, mad in accordance with the plans, which includes all maps, plats, blueprints, mad other drawings and printed or CA-l 0044b ' i r Z 01 1 ~ i ; ff written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OP DENTON ENGINEERING DEPARTMENT i all of which are made a part hereof and collectively evidence and constitute the satire contract. 1 The CONTRACTOR hereby agrees to cosaence 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.. „ r The OiNM agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF the parties of these presents have executed this agreesunt in the year and day first above written. z tfit ATI'ESTs p Jar ' r ~ F~ L r t CITY OF DEN70N arty o a F rst I Clu MCC" ka i _'uw~n j LLOYD V. AIRRRT.T. CITY (SEAL) -t' fi ATTESTt S r i 1 , Party.' • Secon Pp COtiTRACTOB r w. ~ ~ (SEAL} ' 1 APPR 7"F 3 tornly CA-2 006 i a; FF { it PERFORMANCE BOND STATE OF TEXAS COUNTY OF ny-w n►,: ) ( ~,rinMPA KNOW ALL MEN BY THESE PRESENTS: That IAMB PUHLI i of the City of np-NTON - ± County of DENTON , and State of TEXAS SEABOARD SURETY C014PANY , as PRINCIPAL, and as SURETY, authorized under the laws of *s.l { t the State of Tesas to act as surety on bonds for principals, are held and fizlaly { bound unto the t as OWM9 in the penal sum of FOUR HUNDRED THIRTY SEVEN THOUSAND SEVEN_ HUNDRED i 3 FORTY Fr~D1.T~ 95~Z00 Doha (1437, 748.95) for the payment vhereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: Principal has entered into a certain written contract ^ :w waREAS , the with the 01dtER, dated the 17 day of JANUARY , 1990, for the cbcntructi,on of. ytTMI 1042 AND E PAVING AND DRAINAGE AYEK9LJL (r 1 r - ' l 1 r, fir. which contract is hereby referred to and made a dpart hereof is `fully and to the same extent is if copied at length herein. 1 NOW, THEREFORE, the conditona of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, 1 conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent. and' meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-l 1 1ti 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 56th Legislature, Regular Session, 1959, and all liabilities on this t bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon thie bond, venue shall lie in nENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terra 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 rise, alteration or addition to the terms of the contracts or to the work to be performed thereunder. r IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of January 19 904 j S JAGOE PUBLIC COMPANY SEABOARD SURETY COMPANY _ x 1 Principal Surety V By AMP fY d' VT dimyp~.i Title V' ( I('e.s.-/ ++A~ Title Rosemary Weaver, Attorney-in I . ; j Address P. 0.' Box 250 Address 8300 Douglas Ave., Suite 700 :1 r 3020 Fort Worth Drive Dallas. Texas 15225 { 1 f. Denton, Texas 76205 , 4' 5 fr•..rti Kok; 1 ' _ _ Ivy= y'F ,yyi' /SEAT M`' \ ) (JESSE) , •F,' The name and address of the Resident Agent of Surety is: t' ! CORROON b BLACK, INC. of Dallas 8300 Douglas Ave.. Suite 700, Dallas. Texas 75225 NOTE: Date of Bond must not be prior to date of Contract. PB-2 ' 0091b i r ..w..... 3 Ir i 'c FF r I, I 1 PAY1fENP BOND STATE OF TEXAS ) COUNTY OF DENTOM XNOW ALL MEN BY THESE PRESENTS: That • • . , JAGOE PLtAr.IC COMPANY of the City of Count of ~ County nE% MN , and State of TEXAg , as principal, and ` SEABOARD SURETY COMPANY ;yN; authorited under the laws of the State of Texas to act as sarety on bonds for { principals, are held and firmly 1+ound unto THE CITY OF D£ti'lt)ti TEXAS e OWNER, in the penal sum Of mpg nimnRFn 4`RTRTV 4fiVFN ~ f Dollars (t 437,78.95 ) y for the payment whereof, the said Principal and Surety bind themselves and their heirs, adolnistrators, executors, successors and assigns, jointly and severally, by ! ? then presents : WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 17th day of JANUARY 19 90 f k': 41 r RTna In47 a17T71rtTa s aiM V PAVTett ANn RA N 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. NOSE. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the L said Principal shall pay all claimants e r • r subcontractor in the orplgiag labor and material to his or a s Id for In 1R ri this obligation sball beovoidfoetherwise to remain inefull force and effect; then ZPROVIDED, HOWEVER, that this bol i is executed provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond :hall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. i'. PB-3 ,I I, 16 1 C I 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 the acne, shall is as accompanying valve notice of any such change, extension gofitimes alteration ordaadi ion to rthe terms of the contract, or to the work to be perforaed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of January 14 90 , _JAGOE PUBLIC COKPANY SEABOARD S t;! ' 1 URLll COMPANY ' ~ . r Principal Surety Title U ~(Jec - e Title Rosemary Weaver, Attorney-in-Fact E~ i} ti Address P. 0. Box 250 Y?~ Address 8300 Douglas Ave:, Suite 700 3020 Fort Worth Drive Dallas Texas 15225 Denton, Texas 76205 y y ~ t t ~y~t The name and 3,, y address of the Resident Agent of Surely is: CORROON 6 BLA ` '5 5 CK INC, of Dallas ,.y ' 0 a ve Suite 700 Dallas Texas 75225 PB-4 0092b F . 1 I " 1 t I 1. 1 1 i rn. k n E MAINTENANCE BOND STATE OF TEXAS tiTQ~L COUNTY OF NY KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and SEABOARD SURETY C4 ANY a corporation nut oriae to o usiaess Sa a State o itstsuccesssoors Texas, ae Surety, do erebq 1 1CC=rationaofVethet St to eof and A Milic pa EN the City of Denton, Texas the sum of o and assignss at Denton, Denton County, wars ' sun aai principal t of the contract for the payment of whi and t a tot amoua s jointly and surety do bereby bind theaaelves, their successors and saasiga , severally. s t ed however, that: This obligation is condition, It) S1ttERFAS, said entered into a written contract wit t e aai C tq o Denton to 1 ,i has this day AND and construct a opts y the ' ; e p as sad specifications t rein meat one , berabq r whiEh j contract as of said City and are a pert hereof as 60usb the same City of Denton, are filed with feseaee and Secretary expzeuly incrroratd herein by e , vsre 1►ritten and set out in full bereln, sad. keep in good s sy~ specifications, and the said plane WgERF11S, under repair r contract, it is provided that the contractor xS11 maintain and p that say rformed for a period of one (1) year x L the work therein contra v e And all necessary backfilling work toward tbd i r t rr all necessary. from the data of acceptance thereof s do become necessary is canaection therewith and td cf arising from the i;Proper r defective condition 8~++iT►8 he same said contractor on coaatructiag: repair' any it being 'understood construction of the improvements coimproper excavati coatesplated on or by backfilliag; t or on account of imp e_ is + that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by aid Contractor, and Contractor shall fail co repair, reconstruct or Lsiatain said do said work in 1ccordance vith said case the said F = said Contractor improvements it is agreed that the city may the subject ` contract and supply such meterisL and charge the same agains R and said Contractor and Our':-'-"awlt of said and its surety on this obligation, 's failure eii the. par to the dsWes in said contract for each dal with the terns and provisions of said contract and this bond. Contractor to comply ! 0093b II;• - 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 amid work shall continue throughout maid maintenance period, and the same shall not be changed, diminished, or in any manner Affected from any cause during said time. IN WITNESS WHEREOF the said u; ~ANY as Contractor and rincipal, has caused these presents to executed by s4 and the said SEABOARD SURETY COMPANY as suzaty, has caused these presents to executed by its Attorney-in-Fact ? r Y Rosemary Weaver and the said Attorney-in-Fact has hereunto set Erg-Tana t ` ' this 17th day of anuary , 19 90 }i SURETY: PRINCIPAL: SEABOARD SURETY COMPANY JAG E PUBLIC 0HPANY .~RO$tmaZVWeayer ' ..i, '•4 Attorney-in-Fact M a~ ~ Y 1 { \ t1 F 0. M1 r Q > `;F? ' B CORROON & BLACK, WC. OF DALLAS f 8300 DOUGLAS AVE, SUF c 700 s DALLAS, TEXAS 75225 TEL. (214) 987 2100 ~ M1 f try '1 t 9~, tJr r ' sr HB-2 ~ i 0093b i 1 i ~ Aft" y { t'k' 1 i - J'i - FFF 3 9 , catln.d`°=~'' S8~1g011RD SVR_'Y No. 10376 /U}MINISTAATtVE 9FFf $f BEDbUIVSTER, NEW MEIf POWER OF ATTORNEY. KNoW-AL_ MEN I B Y THERE PJRft S_, Ttlat SEAS&Ab MJRETY COMPANY a corpOribon 41* State 4f N York; ha3 ,TiedetonstitutedegdRPpoirtfedaneDv"I"presentsdoesmake;cox,atitute-ae~dapPpin--Rosealary cleaver oz_ , Zany J =_Rle =d or 3C R. 8arye - Y- of` Dal as 'J•exas hi tie W tewtulAnO mey-164ack to>7+IdcO. execµt• utd daNwl oA ttt b~tMM lnaunnCl pOtfet a, big* bp ode, tJtlOGr(akklE4 ++►d o - Ir+svw+lents tN r salon as fotltws _Without Limitations Stiich lnsuMr-w- policies surety_bor+ds~urioedolrOg3 ana tr,strumertts f« trata purposes when du►y ezecutad bS! atoct +ald At30rney uhFaci, shall be t>tnd?nq upon the said company as lolly end to the Game extent to tt stgned.t~+ the duty auttled W8rs 64 Coinpa and sesbd with ifs carpotsie seat and all tt>s acts of sa,a Atfomey;in Fact pursuant t4 t118 auLhwtty 4W hereby 0 areh~reby raGfidd and eonfihned 2tits appan meet es tnadE puTSifant to the toltowing sy t esxs wt,rch were "--*60P ted by the Board oI Ofrectors of tFe Onpeny C gecamber t1SFi it}2 t with Aniendrttertis to aM irttlu Su+9 TOrtuery 45, t9821nd pre atilf full fgfte and etftx '~t~ bonds. n~erl6arsc~ ~alfor»,'eom.rb M ~attft ~t+~fE ~ ana k>~nb n4e~ e+irNa - d wf.ey.~aunaen.r.tarp w+ae ±gsu ox Cerrxana cNaaes aprei alaar~ac iwaPOT,G es »kopa+nc*s. Ord" sr irnaa rase4t+Q Fn any thorrm 60p, ar+r 0i toq t arr.e be srgr ed 1M NarfandOn baFasFot bra Coe lrrY t r+l br u>4 cn.ur nave d_ an pli 4. vie r' srantar a nes3oernYSa Pn i d.n( ha brt~ seae~.7 stux seamylk Sfitettry -get esd~ne N7itantSxrstxY O? fib} ~jrsn xttainy k~ f~ti W+#M GorLIDM1~ aDOw~drC std ibvipr~aC by btu Ch+or ~a,tiwe Ptt a a Vrtesstdad 16WL" si,rJr s pnaun a jcl~y wcrioi o(C of r~praser~lt(Na N BW rd efroRTrna To § 0~nr ftw+ea by soy iuct+off~a Nramt~ kr Fsclares~lyvaM f t he ~a? ar e+a Coniparty u~iA k ppropc ile V OAK IN W)tK Wfieft K~5EA90AR0 SURETY COMPANY has 0trW rheas' ptruenii 3o tie sl9 ed by oCds ltR ProsfdenTs -a_nd t4 corporate SC;it to be~+eietxtto ettlaed ar>~dufy attested by one 4t Rs Asarslanl Sei ret8r~eszt?rs >Ti4 t z diY4f -_eptealber d ♦ r.. _AtW SEASOAR0108M ~ . Atilt - ~ _ ?kaa _i;Sean~~~ 4Q~t- IKK ! STitTbF NE1H .lt RSE1( iAIJNIY Cf 9Css>ET - ~ ~ Onvtis 1gt daYof_~ ~ BQ a 14 b4t4ceL8 ASiohetel B. KesgBn e lace lsresldentofgt~oAR~p4 With wfwRt,t am peraoiititty acyuat- 6 wt►a, being by me duty swam aatd tFiet t» restr~es &t State'of 3~~ ~8>~~ey that he a a Vice-Prosident -1 StcASOARIZ RETY COMPANY, t?* mrporatOrr Stcrbedlri l7td -Rxf4ut tis$ Tote inp ki3Wmetit thathektioWstheto~poWeseat Q?the C6mpany,ttiatihdseafaffixed14sai tnaTrur►rentu3ucho r Orate38a that ttwassoaftixedbyocderotihe8oardolDxeetoiaofaaidCompany ahdtf►afhesfgnedhisnarrr8thetetoasNitsldtrtot said v by F7te authority.` ; FL-OX AI CATALANO I *yo NOTARY PAX- 6F NEW EERSfY_ arfY tr My Commssiori Epp lung 41 1491 tisarir I PlydtlC + C I R T I F I C A T E of ' +ea A{a:>WM SeCret~ey d sEn~ARO sut~ry co►+pufir do hereDr r»rtiry thN the onp.+ai Power OrAtlGlfyEyOf rYpi6I1 vrs roreppg ~ W correcs copy, is fn fud fore, and erfeet tfn ttre date osthts Cart ftcste ertd I eo rtrt+k+oh Mat M1YKt VneldantwlSo iaetuBdeuf0lso.~rot ~ A3forney wia one Of tM OtI~tera authtN{ted by 3.'w Board o! t7ftsclore to apyard an atto!iW-E6-fsd ~ ptoYr3 W Fi A1t~ y1i8e~ors 1 ofJfy ~ritw+< of UAPOTA~RB SURM CO_ WAtA t)inetora of )COW may De egnaa ai d aeatea by faealk"N undo and by autAOray O( ft (oAowkq }~aFmo+c N or E=eGGw OommHts~ o[ Ora tbvd of rtseaCr+p duryrcafbd and Mf0 ors tM 251A daY d Alereh 147Q S "TY COWAW its NETT M toot use use or a Prlydaf Wai$ N of the corporals seat of ara Company and of she of ybNQru. f SeCrciary on arry ; CertifiCa W44 the MriecMest tit a evgyd an Yrstrw*A a uted by V* Proskfent br • Yccf~residens pWUM11nf t0 Arrkse W 66C60i Car ore appoin" srrd sutt f'Wina m Altdrr~rk± tact 1o s+tyn 1n tM tw w r ~d as bahslt of eti Corp" aunty bonds, urdetk r4 ixrd6imar" WAS iruurxoenti. described In aald Ar lcla Yti Secfon t, vnth kxe atka u k woh oral AN lmh a-gnaws W been manuauy druisd and made lwebY it ~usfrorsred and ippre"d' j_' Up I have htxetmt0 get my affi trd porporafe "Al of Cortrpany t4 these preser+f, this IN WITNESS WHER day of `tiff.... . - - ~ _ = - ►ara as7l~ii+etj _ r For vor4cation w the vuthe~Wcity rt Ihis Power o1 Attorney you may catl. celled, 201-658.3500 and ssk for the Power cf Attorney clerk. Please refer to the Power of Attorney number, Ih3 above named individual(s) and detailsof the bond to which the power is attached. to New York, Dial 212-627.5444. CITY OF DENTON f INSURANCE MINIMUM REQUIREMENTS r77 INSURANCE: i Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, owner, the minimum insurance 9 coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; ti o The City of Denton shall be an additional named insured on it all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's - compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory F1 x J ^ 0 Employer's Liability - Statutory II, COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, w whether they are owned, non-owned, or hired. u; The liability limits shall not be less than: o A combined single limit of $1,0001000. III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors, CI - 1 t 4AY r " . s . I, To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground i propertyr The liability limits shall not be less than: a A combined single limit of $1,000,000. f IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This ;i° insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work r being performed by the Contractor. This also includes _ liability arising out of the omissions or supervisory acts k' of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: " o A combined single limit of $1,000,000. ' INSURANCE SUMMARY: 5t1 The. Contract shall provide insurance to cover operating. hazards during the period of placing the facility in operation,,and during; testing, and until such time as the facilities are completed and.. r; i t? - 't l accepted for operation by the Owner and written notice, of that v r' fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability 1•,+ ,K" of the Contractor hereunder. It is expressly understood that the • Owner does not in any way represent that the specified limits of !1° liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. s Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the p required insurance coverage. All responsibility for payment of ' any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such • approval by the Owner. 'r CI 2 ~ r i x ool, 1 MqW !r A MATTER Of INFORMATION ONLY AND CONFERS THIS CERTIFICATE IS ISSUED AS Ramey King S Minnie NO RIGHTS UPON THE CERTIFICATE F10f DEA TH19 CfRTIFIGTF DOES NOT AMEND, 707 Kirat State Bank Bldg. EXTEND URALTER THEOOYERAGEAFFORDED BYTHEPOU"SeELOw COMPANIES AFFORDING COVERAGE Denton, Texas 76201 ; ` f • I f T ER A Trinity Universal suacooa _ com CCMPANY LETTEA B wwitio` Jagoe-Public Coopany, Inc. 6 -E~ C G.C. Ricks d Sons, Inc. P.O. Box 250 uQOm'siEnw D Denton, Texas 76202 LE~r1EY I r~ ' o0 o,Ee , ~+~,ts; ~:,:~~?±~.7°;.~~*~~ , ~:'+r- :;rte' . TM IS TO CERT1fY THAT THE POI I: ICIE3 OF W SURANCE Lt91ED BELOW HAVE BEEN ISSUED 70 THE THE REO CAMEO ABOVE ES THE POLICY PERI00 , TO T)" INDICATED, NOTWITNSTAWNG ANY REOUIREMEXT• TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTFC RESPECT WH MS CERTIF"TE MAY BE ISSUED OR MAY PERTArN. THE INSURANCE AFFORDED BY THE POLICIES DESCPWO HEREW tf SUOJEOT TO ALL L THE T Y E EA" EXCLUSIONS AND OONOITIONS OF SUCH POLICIES. UMFTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAJMS• Y ALl UW, ,.~w.n.~~rwa rs p .~y® r- LCo Type of WKWAMC~ FOL= MU an DATi 0r1 "To {yl . - ~ oEHEwliAOOwEaATS ` s 2,000' E ewMEMaALaOWALlwJTY A Gt7455463 10/1/89 10/1/90 MD01°TWOY°OPfA00RE r f 219v ~00/0~_ ! [ MCK& a A&MT1004 WAY f 0 aA"s MAD x ] EAdI ooctraiEllcs t 1,060 owwws a 0ONTRACTORf PRD _ _ I _ ine DAMA a pU T OM to 50, ,E mmw.& Drum wl 0;0 5f Avroilonie`wiiiurr- - - J_ BOW s 1,0oo v ;i . A x ~ AWAUTO Airro TOA6422963 10/1/89 X= M oo YY X AuomlEOAUTOS 10/1/40 rmlRr f I 90*D1Afc ! Ow frwf T ' ` 1 * Homo AUTOe f { . •r , - MIOOar1MY _ r. 7< pow MIED Mao$ 1fM ~ .r _i t i( a pfloplom Y: Vii, r 'f.`' + + aNNOE tlAealTY OAM { 3 , _ v -WIY• 1 h ,I S C l y I: 1310M UASIM L•.y oectowtENCE h, 007441134 10/1/84 10/1/90 1,00 1,000 y A x Y _ --0-- THAN LMlM[UA POW ITATVfORY , 1?>^y° ~c ^TO s ll^. 1 woMttA'f OOIMY►tL1 f (EAGf AOEtoeMO . AM See Attached ~ p~sE~ranrii>~- t nrLO _ puiwsE-rte eri Y Tcer LM/IIYT -s r, i,•'" OEfCRMT10M Of Of[MT101WWCATIOMfMlOCl1L11flTMOT1OMftM~~~M ~E~ i City of Denton as Additional Insured SHOULD ANY Of THE ABODE DESCRMEO POU*ES BE CANOE"" BEFORE T-liE { _ DATE _THEFIE10F. THE, MUM COMPANY WIL 00FAVOR TO ' City of Denton MAn 30 DAYS wRITTEC mw" ` o THE CERTIFICATE HOLDELR XWED TO TTf! Attnt To& Shaw . T FALURE TO MAIL SUCH Noroce SHALL UPON NO OOUOATIOC OR 1 1 ~r~ `F[ } - 9018 Texas St. LEFT SLI R, UABRM OF ANY 10W UPON THE COMPANY AGE.tiTS OR REPRESECTATNES. .y , ~ a • Denton, TExas 76201 , t ALTlg1YS0 M[PRlf9RATwl Raney King inns T1bN - kell CACOit COAP6AA 1 ♦1ea 1 li T i. 1 1 r \yL~ ~ IlfU! 11 V~ I\VV~t+p f t. e ,t. WT[Pd11K10fYY) r~ ~O~~I IlII IV E{: F , `5 t~iat^1rt. VT.faf:. C at~GkF'. i ::~:a. ~-01-.26-90_sr_ ~:N, PAOONCGI a - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS . , I''. I ' NO RIGHTS UPON THE CERTIFICATE HOLDER. TTUS CERTIFICATE DOES NOT AMEND. Ramey, King b Minnie Insurance EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOL"SBELOW 707 First State Beak Bldg. COMPANIES AFFORDING COVERAGE Denton, TX 76201 !I COOT tw-cooe >.ET'vlu"A Hartford Accident d Indeenity Coapany COMPANY B M 0" LETTER LE G. G. Ricks 6 Sons, Inc.; LE TEA Y C Jagoe-Public Company, Inc. CO,,,,,,, - P. 0. Box 250 LETTEA D Denton, TX 76202 E__ - ~ CWANY ~ A LETTER t, l'Rr THOS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INDICATED, NOtW THSTANOINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH rrN \ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES CESCRIBEO HEREIN L4 SUBJECT TO ALL THE TERMS, EXCLUS+ONS AND CONDITIONS OF SUCH POLICIE9. kUTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' r Co - POLICY EPHCTIYt Y EXPORATKIN 1 TYPE OF M6VRAAK POLICY LIMNER r ALL UNIFT6 6oATt IMIOD" DATE AYDGY LRlG1l36BOf J QV RALWRJTV Of NEPAL AOOAEDATE i COMMERCIAL GENERAL LtA/A.ITY PROOiJCT6G01MrOP6 AGGREGATE i t CLAIMS MAOED OCCUR. PEICSOMAI 6 ADVEATt5+H0 tWRY 6 OWNEIT6 A CONTRACTOW6 PROT EACH ODCIIRREWA 6 FM OAMAGE µq m 6W4 E AIR061061Lt IJAMIlTY: c oko SOOLI ''i 1• - + ANY AUTO L"T rf>!\ ji. SODILY ALL OWNED AUTOS IN)UPY S' i ";ly ari a. Hr" AUTOS 6001LY ` ' \ i + M1• ` tit 4 , ~•~t'!•t - 7 % NOHONlt[O AUTOS MRME IMAM : ate + i PROPERTY { r r S EtCtii W IRY'- RCN'- AOOREMTI OTHER THAN U1AEN%ILA FORA 14 'fr STATVTOAY A WONMOI 2 - 71 WZ CK1235 10-01-89 10-01-90 6 -300 (EACHA OE" r AND 6 -^50O`-`-PtSEASE-POLICY LMT} E,.PLOrar LWtJTY - - - T[_5 OD --IDrSfAM-EACH EMPLOYE - i ! . , . -OE6CRITi011 State of Texas c41 1 I 1 1 a + ins Aty ~~._.~~'Sa`d. • f tYNlr3' .'CAfICfLLAT10M.i~CfCiY. 3►~31J er_ . ? ~t{::f„+'dr 4':t~ i ~'*l;,'. h~ 1- 4, ' i - SHOULD ANY DF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATK41 DATE THEREOF, THE IS3UINQ COMPANY WILL ENDEAVOR TO City of Denton 1 MAR 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attni Tom Shaw LEFT, Bur ENURE TO MAX SUCH NOTICE SHALL IMPOSE NO OIKK1ATKk1 OR ' r 9016 Texas St. L4LBRrtY OF ANY KIND UP N THE COMPANY, ITS AOE TS OR REARESE>rtATIYE1. Denton, TX 76201 F T AUTHORIZED AVIIE6EMAT t cjlxv .T..~-,~~- ~.,\.,...,.,..F..., _....•r.. - t; , CAOORD CORPORAT'WIi 1611 t ACOAO WS (5111) ti. CF11TlCITTy GF~OEIfTOM i lk% and Address of Ap my City of Denton %faerba i Project Maarr Project Mor ' Prorw Project Loeationr tieaapiop Doti Nash .ad Address of Insureds Campanles Affording Cover A Ph" C y This Is to car* lfy ~A t POI 140411 of lasvr&we Ifstd below Aaw been Issas! and are ie fora at fRis flea. r T f Pati E~iNtfoa Limits of LlablII - @P*ms1 0~41 Uabll Ity ; rr~ C141M Merle (see f2-reverse) Bodily injury I !road Fans to lnctrdn : 1 Indepa annCCcntricfws Prop" Damage i - ~t Injur lefed Opera+ioa Qodliy Injury and Property t - Contractu antiwilty (too fl-rv4wIW Dump, CarbIred _ a I - u+derdrand Nuard Huard u - Llouor Liabill}~ Coverage I - Fire La"I LlabtI Ity (see /S-esv rsmf # grow Fora Property oemepe : ` - Professia"I ' Er•rors/Qslssiaes al~ites erda (tM /2-rev~rsey , Ive Arfoaobflo r L Iit, owliy ihj a NN y ury/Ax idMt , 44 04*6laeead Autonob l fee lien-awed ArtarobI Ise P+aPsrtY age . : { - NIred AatombIIAs Ay Sodliy Iajury owpe Cambinedd r Ki Coe~foe and Ste" Aft;Wmll £gioyersr Lie►llify AWAi r O"W lawramae Ouerl►ftoa of 0W0lens~oeftloas/Vdfeles- The City of Da?om is an edditicaal fniared as its lafsrest # i ` appal d dot law an fire . ~ re reverse side. mar Maar aid address of Cortifie*% Holder. F ' rti CITY OF M7 M TEXAS ,i , P1MIC?NSllq At~fT _ 901-6 Tf7(AS ST. %r, OEMTOM, TEXAS 76201 ? SEE OALAIIC£ OF COLIOITIOMS ON PAGE Ci-d ATTAM. 00151 Cl - 3 " , 4, -04 y r,' i 1 , i CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) NOTICE OF CANCELLATION: Prior to any material change or cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. 1. CONTRACTUAL COVERAGE: (Liability assumed by contract: or agreement, and would net 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 l` 2. CLAIMS BADE POLICY FORM: Required period, of coverage s+ will be determined by the following foraulas irl 4yy , + ' ~rG ' t r' Continuous coverage for the life of the contract;. plus' R? T}~ 7 a one year (to provide, coverage for the warranty: period),, + k and a extended discovery period for a min of five ` y.~ '3'r~s (31 years which shall begin at the end of the warranty ~r pi:riod. 1] 3, FIRE LEGAL LIABILITY: (Required in all contracts that ' involve the occupancy, construction or alteration of t City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and ` permanently installed, equipment with respect to r property damage to structures or portions of structures i to the f such damage is caused by the peril of fire and due liability is . liability iseto bena minimumhof $500,000or. Limit of 3#? 77 1- I.~ }J 4 CI 4 f. ` 1` - Ate. - - ell, , ,r NOTICE TO BIDDERS Sealed bid proposals addressed to the City of Denton, Purchasing Department, 901-8 Texas Street, Denton, Texas, until will be received at the office of the Purchasing Agent until 2:00 p.m. nFZEMBER BID# 1042 - AVE A 6 AVE E PAVING AND DRAINAGE The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. , All bid proposals must be made on the printed document forms r included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within 60 days from and s, after the date of the bid opening. Each bid must be accompanied by a cashier's check, certified' check or acceptable bidders bond payable without recourse to the City of Denton, Texas in amount not less than five (53) percent of the bid submitted as a guarantee that the bidder f.' will enter into a contract and execute a performance bond, ! payment bond and the required insurance certificate and owner's protection policy within fifteen (15) days after the notification of the award of the contract to the bidder. Qualified` prospective bidders may obtain copies of the `bid' IT' Y. r invitation, withal ons coati thetofficeeof~ thed PuicEpia8ing~98ntg Y k anu/or specific I j located at 901-B Texas x, on lr i V[ ' l ~ ~ r po tion ofr the ServicenCenter aComple the Purchasing/ deposit of Fifty ($50.00) dollars per set. Deposit will be refunded provided the documents are returned to ths'- City of d Denton, Purchasing office within fifteen (15) days after the bids are opened. r' The City of Denton, Texas reserves the right to reject any and j all bids and to waive defects-in bids. , Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton projects. CITY OF DENTONt TEXAS F~> John J. Marshall, C.P.M. Purchasing Agent i~ w LQRO This advertisement to ru vn vnvoLnvtt ? n NOVF?tBER 1►- N - 1 t. ' i `j"' FF , B I D #IL42_~ PROPOSAL TO THE CITY OF DENTON, TEXAS f %Owe FOR THE CONSTRUCTION OF Avenue A and Avenue E Paving and Drains IN } DENTON, TEXAS ~4 The undersigned, as bidder, declares that the only person or 1 parties interested in this proposal as principals are tEiose named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, ano classes of materials of the , ;A 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 ♦a 4. r materials called for in the contract and 'specifications th`e r5t, manner prescribed herein and according to the, require'kents. of i. r; ' the.City as therein set forth 4r' ,r is . J It is understood that the following quantities of work to be. done at unit prices are approximate only, and are intended -k; °a 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 i contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth s below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the ; plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be, decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in ,t full within the number of work days shown on the bid tabulation sheet. rP - 1 owl ~trprns r BID 1042 j. 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. i It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the ; acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid a l 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 i 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 r; of whatever nature ryquired, in strict accordance with the plans and specifications, or the following sum or prices, to wit: f y . ~ • 'i YY •ri. 1 ,ih < vv I i'i i ~ Jo 1 4 ~ '.l'e Al 1 M } , a i 4 s': r , P - 2 „ ~ i i• 1 M WORE DAYS 50 fwrwt• BID NO. Avenue A - PO N0. Pavin4 and urainagO ` (Base Bid Asphalt) BID TABULATION SHEET ANTITY UNIT UNIT PRICE TOTAL 1 ITEM DESCRIPTION ! 1 1 ell I I 90 I SY S Sy i er; 3-A Remove Concrete pavement i Remove Concrete curb 1 1 I ~P 3 350 Lt Lt own . .g and ttec 3 I Real Concrete I I I S 3-C I DciVOW& and Sidewa]k I 190 I SY I S y I I I I I ` Remove Concrete inlets 3 EA EA 1 I I ; I „To cY 1 " r 3.3 Unclassified Excavation 4 b25 I CY I I ` l 6' lime treatment of l 4 6 B l subgrade I 11.500 ! SY f S/ 'fi'r/ SY I S a,3 , I Type A Sydrated lice I ! lTO N i $ L4. - A I siurrY ( 138 I TON 1 3 ~2i6. b 1 -2 ! 2' Asphalt Pavement I To SY j-I 1 9,4b0 I Sy I S 57 Al I TY~eA I I 14 1/2' Asphalt Pavement ! I r 3/6` w J. I S Shy/~ - l 9,700 I SY I $ I l1 ~ 7 A 2 I (TVPe A3 I l 1 1 1/2" Asphalt Pavement I 9 700 Sy S r 1 5.7-A.3 D I l 1 2' Asphalt Patch Kateriall 1 .,.o « . 0 Totr TON 3 5.7-B D I I 1 t 1 8' Asphalt Pavement I 100 SY ef, SY ell, ' W - 5.7-A.1 Valle cattle ( j Es L a I I I I a~ I 8.2-A I Concrete Curb and Gutter I 3.300 LP I S ! ,2^' < 16S I SY I I ~ r 3 16' Concrete tlatvork 1 s a A. 11 I s E ( ! Sy I ! /.Z.3, • 5 I SY [ s s2~/ 4Y ii>: 8 3-A { 4' concrete Sidewalk I 1 r I; M12 N t ! 8.3-5 I o' Concrete )II! I 935 Sy SY 1 1 I I I •~'~fe0.=' SP-15.A I Adjust Water Valves ! 14 I EA EA S ~ ; ! I I! r'r4Y! 1 S I EA ew EA A SP ]S.B 1 Adjust Kan Hole I I i ! [ ( CY 3.7 L Compacted till I 280 I CY [ S I I 1 I I 670 LP `1 L `O Sp-2 Concrete Sax Cut I 1 1 1 a 1 EA i 3.15-8 Concrete t]uma I 1 u; SY 3610.7 1 85Ideonuich 3 496 ( Sy ( at i P _ 3 FF . Avenue A WORK DAYS 60 ' Payi« and Drainage BID NO, 1A_t2 SBasf! Bid Asphalt) PO N0. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 t, 3.9.3 I St. Augustine Sod I 350 1 SY I 1 4' Colored and Patterned + + I 5.8-A.2 ! Concrete Platwork I 82 f SY ! S SY 15 I I 8.15-A 14' Concrete Rik Rao 1 411114 I Sy I ! 10 Sy I ! q6P « I Resove and Replace SP-40 I Brick Sidewalk I 4 I SY + to I ro 1 SY /,Zo I 1 SP-21 I Preach Brain I 850 I LP I 1! Q / Sy I S ,w• SP-10 I Rock Excavation s+o I SO I CY I S / CY I $ 2.12.3-A 115' Class IV RCP I 38 I LP LP I Sf ro 2.12.3-H 118' Class IV ACP I 260 1 LP LP ,f 2.12.3-C + 21' Class IV RCP 1 91 1 LP LP I I 1 I 'i 4 24120-D 1 24' Class IV RCP I I I 1 S / LP 62 LP Ae .w t I S/~ 2._12.3-E ! 27' Class IV RCP ! 16 f LP I }?r y! 2,12.3-P 1 30' Class IV RCP + gg I + 1 LP I S 3$ °D L! I s Ati s I I I 1 ~i~. 2.12.3-G 1 36' Class IV RCP I 560 1 LP I A W ! !a?~~y ` Y' I I I 2.12.3-9 [ 42' Class IV RCP 1 324 1 LP I S S'~~1 LP I $ 41". 2.12.3'I 18' Class I I I III RCP 50 LP dt Ali rt ' .Y I I , :R 2.12.3-J f 21' Class III RCP I 1 1 22 I + r I 7.6 4' Manhole and Cover 1 EA EA 1 5 x 5 Junction Box and 7.6.A-1 Cover 1 I I 4 i EA I LA I S.iS4_ 17 x S Junction cox and 1 + ! I ' r 7.6.A-2 I cover 1 1 I EA e. x 5 Junction Box and I f ! I 110, 1 r' 7.6.A-3 Cover 1 I EA EA I! DM. 2 I e x 5 Junction Box and I I I 7.6.A-1 I Cover f 1 E EA ! i 1i~ Ea 1 ! i AP r~ b x S Junction Hox and I , 7.6.A-5 Cover ZA BA ~ Curb Inlet I 12 1 EA I ! tf/ EA I 44e, P _ 4 F y FF Avenue A Paving and WORK DAYS 60 ~ DrainCe (Base Bid Asphalt) BID N0. 1142 No. 8ID TABULATION SHEET i ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL r 7.6.A-7 1 8' Curb Inlet I 2 I EA f s/~/~~ "/eA ! s ?are ! 1 I I I 7.6.A-8 110 Curo Inlet I 3 1 EA I ! /.Sh. 7EA r 1 I _ 2.11.5 1 inlet Fran and Cover I 14 1 EA I S /„A EA r ! r4S/// `v I 1 1 I I , SP-33.6 Remove Manhole 1 E 1 I I I ;r SP-44 I Remove 15' RCP I 100 I LF 18 /LF I S-Sa.-`~ ~ I I I f f SP-4 I Lover Water Line I 6 1 EA SEA I S I I 1 1 1 I SP-27.A I Water Service Adjustment 1 7 f EA I S 3i^ts,°/EA I! 1 /AO f° F,. I I I SP-27.6 I Sewer Service Adjustment 1 7 I EA I ;,r'vp,A I l•D. r I SP-37 I Excavation Protection ! I LS 1 !/.S I $ / r~18' L I Contractors Warranties 3 1.21 I and Understandings I - ! LS_ I ! ,ZlS /HIS I Barricades, Warning I I I 1 1 8.1 I Signs and Detours L'S I ! 9~fm `rlLS I ! .*`w er . I Preparation of Right of I I 1 r; _ 3.1 r way I 1 L3 I 1'/'r' LS ! ! l tt } SP-39 I Project signs I 1 I Relocate Private 2 ! 1 S.?~~ yiSA I ! .S?sa_ t SP-46 I Light pole I 1 ! EA I S eA ! ! .?6s I ti SP-47 A -concrete Steps,(Set of 3111 5 ! EA I S /rPA A~/EA 1 4 Q`~!~ I I f I I SP-48 I Piro Hydrant Adjustment ! 1 1 EA 1 S sas -Y/EA ! S ~r~ °O } I misc. Sprinkler 1 r I SP-49 I System Adjustments d, I I I Ls I S .?lY /LS I I I I 1 , TOTAL 93 I ! 1 I I J ! I I I! / f! I I I I ` 3.10.3 r Seeding I 3.496 1 Sy I S R SY I ! o?,y~/~ re ~ tl ! f r I ~ I y ! I 1 f ! / I s r I f I I 1 1 I I I ,.1 r r I 1 $ * This item Aay replace 3.10.7 (Hydromulch) , P - 5 I WORK DAYS 25 Avenue E Paving BID NO, 1042 {Asphalt) PO NO. BID TABULATION SHEET f Ef i' ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I I 3-A I Remove Concrete Pavement I 130 SY SL I S I Remove Concrete curb 1 I I r I 3-B I and Gutter I 690 1 LP LP I I I I 3.3 1 Unclassified excavation I 785 ! CY 1 S S/'jO / Cy 16' Lime treatment of I 4.6-B I subgrade I 710 I SY ! S ! ~0 I Type A Hydrated Lime SY I TsZt 4.6-A slurry I I I b TON :7S TON + - , N i 4 1/2' Asphalt Pavement I I I 5.7-A-2 e A 500 I SY I . ' SY ! I 1 1/2' Asphalt Pavement I ( 1 5._7-A.3 I (Type D) I 567 I SY Sy I S 3 1/2' Asphalt Pavement 1 I 5.7-A.5 I (Type A) I 67 I SY I f y!/ S) I = 2G-2L r 2' Asphalt Patch Mateciall i 5.7-B I (Type D) i I N I 5 I TON I 4 /TON I 1 an Asphalt Pavement ! 1 + 5.7-A.4 (valley Gutter 1 ( + I 10 SY SY I 1 I 8.2-A 1 Concrete Curb and Gutter 1 860 1 LP I S Sam/ LP 13 f/~ + r i 1 I r , 5 8-A.4 8' Concrete Paveabne 18 SY oN SY + 1 I l , 5.8-11.3 I 6' Concrete platwork I 35 1 SY i S ' SY I ! d'L " . ~t 8.2 1 Integral Curb 1 153 1 LY I ! LP 8 y ° ,$.3-B 1 6' Concrete Driveway I 49 1 SY I ! it9r SY I .7i..7 '2r 3.7 I Compacted Pill I 1 i ~e I 275 I CY 1 S / CY 1 s S7: ~l' i I r I SP-2 I Concrete Sax cut I 125 1 LP ( S no/ LP I ! ~T~►' ' i 1 + 1 I _3.10.7 I eydrosulch I 1.403 i Sy I ! ,Q 'Lci SY I S ~p- i Contractors warranties l r I 1.21 1 and Understandings I _ I i 7arcicaaes I LS ! ! ~'/~l&/ Ls i t .7/% , Warning I I I I 8.1 1 Signs and Detours ! I LS I ! / n1n BLS SP-37 Excavation Protection LS N1 !Preparation of Right I ! I I L 3.1 1 of tray #PAO I I I ; SP-39 I Project Signs I 2 EA I EA 2012.20 144 PVC Water line I 30 I LP F p _ 9 i I 1 Fir i i ti WORX DAYS 25- BID NO.2.._ NO. Avenue E Pav1n4 (Asphalt) t i BID TABULATION SHEET . 1 DESCRIPTION UANTITY UNIT UNIT PRICE I LOYAL ITEM ! I I M ,,?C(1 I Hisc. Sprinkler I LS ! fi oZto. 7LS ) s SP 49 I SYSte~e Adjusteents ! 1 I ,S ! ! I $ TO2AL I I I 1 ) 1! 1 I I I ~ SY I ~ 1 403 I SY I ~ 3.10.3 Saedin I I I I I I I S • I 'i 1 I I I { I 1 I I r I I 1 l! ! I {1 1 1 E I ! I{ ! 1 ` ~ I I r ! I ! ) ! s 1 ! { { I ! ! ) I I I I 1 I I I f This item ¢iay replace 3.10.7 (eYdromulch) 7 P - 10 .A 11~}rrI 1 / i 1 IYf~/~ 1 FF WORK DAYS 30 BID Nn. 10 PO NO. ) Avenue A Paving and Drainage - North of Eagle Drive (Asphalt) BID TABULATION SHEET i{ 1 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I A I Remove Concrete Pavement I 7 SY I S-/ Sy I S 'y~ K i Remove concrete curb I I I 3-B I and utter 1 455 I LF I A4B 1 LF I Remove Concrete Driveway I I I 1 C I and Sidewalk I 5o I sY 13 y sY I I 1 1 • ]~,n EA I S .SlD, re SP-33.A Remove Concrete Inlet 1 EA I $ I I ! I I 3.3 I Unclassified Excavation I 440 i CY Cy ; S l.A4A' = 16' line treatment of I I I 4,6-6 subgrade 1 1,900 I SY ! S Z SY 13 -•_,.3ZJ, ~ I Type A Hydrated Lime I I 1 1 4.6-A 1 Slurry I 23 1 TON /TON 1 2' Asphalt Pavement I I I SY I S 7 A 1 I Base (TYpe A) I 1,800 I SY I S 14 1/2' Asphalt Pavement I I 1 I 5.7-A.2 I Bass (TYpe A) 1 1,625 1 Sy I S J./ SY__I 3 L!J I 1 1 1/2 Asphalt Pavement I I 1 5.7-A.3 I (Type D) 1 1,625 ) SY I Sy l S ~LY>~ 1 2' Asphalt Pavement 1 I I 1 S TON ) N/TON .7-e I (TYpe D) Patch Material I 1 S~ 13 /?S, I ! ! I 1 a 8,2-A l Concrete Curb and Gutter I 360 I LP 1 $ LP I = .~41G•a- i I 1 I 1 1 ~ a, 5.8-A.3 6' Concrete Flatwork 23 SY Sy i I I I I ~J 863-A 14' Concrete Sidewalk 5 I SY ! S " , ~=1 SY I ! 8.3-B 1 6' Concrete Driveway 1 78 I SY I lawlSy 13 1.93!} 1 1 1 SP -15.A I Adiust Water Valve I 3 I EA I S .1~~'• EA i ! Gtr 1 i 1 SP 15. S Adiust manhole ! 3 I EA I So~!E! EA I ! dell, I I I I I . SP -2 I Concrete Sew Cut I 45 1 LP I $ 3 LF 1 I 3.10 T I Hydromulch I 250 I Sy Sy I / I I I I _ 1 2.12.3-0 I 21' Clams IV RCP I 10 I LF I S o~~ LP 1 1 1 I 1 T 6 A 6 I 6' Curb Inset I 2 ! EA 1 3 i^~ 7 EA i $ ' I I I I ' 2.11 S Inlet Frame and Cover I 1 I EA EA 1 I I I " 1 I I I t / 1! s. P - 13 i 1. MMI I i WORE DAYS 30 ~.as.. BID NO. 1042 y. Avenue A Paving and Drainage_ PO NO. i North of Eagle Drive (Asphalt) BID TABULATION SHEET r ~ ITEK DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I 1 ~&,,!f LS I S ~?GO. S SP-37 1 Excavation Protectio: ! I LS I $ i Barricades, Warning Signal I ) I 8.1 1 and Detours I - I LS 1 S/ SI1+. LS Paration of Right of I ! e Pt a i~ 3.1 1 Way I - I LS LS I$ t I SP-10 Rock Excavation I 50 I CY I S to cY 1 ~J! I Contractors Warranties I 1 I I / 1.21 ! and Understandings f - LS LS ao ! ra 3 9 3 1 St Augustine Sod I 25 I SY 1 $ ;1 SY 1 S I I I f I j I I I 13 G/ 7 I ) I TOTAL I 1... I I I I ~ r 1 I I I S_ / I S - z I f ) I 1 • 3 10 3 1 Seeding I 250 1 SY SY 1 $ /;!5 < I I I 1 S / 1! 1 I I I 1 1 I f I ;I I I f S / I$ s 1 - I I I I I ~ I I L 1 1 Ig ~ r I I 1 I s / I s I I r . ) I 1 S L I: ~ I i i ! I ~ 1 I I I 1 S J 1$ I~ x * This item may replace item 3.10.7 (hydroaulch) i P - 14 t i I : t 1 owl I WORE DAYS 15 HID N0. IQA r.: .Venue A and Avenua E PO NO. k Sidewalks HID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL j I class A Concrete 1 I I I 8.7 1 Retaining Hall I '72 1 LF I S "1 LP 1 S /!?©Q 4 I I i i 1 8.3-A I 4' Concrete Sidewalks 1 990 1 SY L A$ /SLSY I Textured Steel Sidewalk I I I I SP 45 I Plate I 1 I EA I S .~?5Zs °tJ eA 1 Contractors' Warranties 1 1 I z~ [ Zz 1.21 land Understandings I - 1 LS 1!~ 7 LS f S I I 1 I I 3.10.7 1 aydromulch I LOU I SY I S SY I I I i ! 3.9.3 1 St_. Augustine Sod I 102 I SY SY { $ I I i I I I 1 I I I 1 S / ! 3 1 I 1 I I ' I I I I 3 / I S I I I I 1 1 I I i 1 S / I! Z , ;1 I I 1 I I I TOTAL I ! -?X JSy,~ ;'1 ~I f I I s / 1! t } 1, „ ' i I 1 I 1 *],10,3 Seeding f 11020 I SY I S T. /c/ SY I $ I 1 I a / i s s ,~:t 1 I 1 f S / I S ti a~ ) I I I I , I I ► I + I 1 I i I I i I S ! 1 S r ' .,4. ~ I I I I I l I I S / I! I ! 1 I I , I E I I 1 sa, I I t I 1 I I i S / [ S ' * This item may replace item 3.10.7 (hydromulch) I P - 17 . r AJ FF WORE DAYS 5 { BID N0. 1042 Eagle Drive Overlay PO NO. d (heat of Avenue E) BID TABULATION SHEET _ ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 4.6.4-D I Compaction of Subgrade I 11983 1 Sy I S if tea/ Sy I ! / 1/2' Asphalt Pavement I 1 f ! sb 5.7-A.2 r (Type A) Base I 11483 1 SY I S lo. SY 15. 11 1/2' Asphalt Pavement I 1 1 ! 0 5.7-A.3 ( (Type D) 1 1,983 1 SY I $ ~ SY 1 contractors warranties I - ! r f LS ! JC.'S.~Z 1.21 I and Understandings ! 1 LS ! s 1!Yez!r I Barricades, Warning ! ! I I 8.1 ( signs and Detours 1 - ( LS LS ! 1 I I I I TOTAL 1 t /.4~1 ai I 1 I I I ' I I I I I - , I I ! I I I 1 I I 1 ( 1 i 1 1 1 ! i I I I ) 1 I I 1 I I ri ~ `Z ~ ! I E I I ~ ( I I I I ' 4 ,j ,y t 1 I I ( ! .t. 1 I I I • I I 1 i ( i I I 1 r I I I r I I I r r r~ I r I I I - - I I I ! r { - I I I I I i P - 18 i e: r FF q. ' I ' reexea f BID #1042 BID SUMMARY 1 I TOTAL BID PRICE IN WORDS i 1 ~n In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment oond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to ' insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. rt. z CONT OR BY /y~ ' ' 2 U r; I 4 a J t o p; roJ d 1 3 0 2 0 / Street A Tess YP 7 ~H' ,r . -jr7 42 City an State . Seal Authorization (If a Corporation) 6101 - 2D-Pl e ephone i ••r ; tr 'r , i, - B-1 f • i i e f f BID# 1042 BID SUMMARY j Work Days aid ? i. Base Bid Asphalt `d 3 y 97.93 A. Avenue A Paving and Drainage 60 $ I ~ (Asphalt) r B. Avenue E paving 25 $ 2lc•o~.8 (Asphalt) I~ C. Avenue A and Avenue E sidewalks 15 $~z D. Eagle Drive overlay 5 $ Rf9 • *Total Asphalt Bid $ 6~37.7Yk, II. Base Bid Concrete A. Avenue A Paving and Drainage 60 $ (Concrete) e. Avenue E Paving 25 $ (Concrete) i C. Avenue A and Avenue E Sidewalks 15 $ D. Eagle Drive Overlay 5 . f , *Total Concrete Bid 617,03 III. Avenue A North of Eagle Drive 30 $ 70 (Asphalt) ,K _ IV. Avenue A North of Eagle Drive 30 $ (Concrete) V, 4p,~ *NOTE: Due to the heavy usage of the streets involved including ?i emergency vehicles, work days will be kept separate on each section of the project so that one section of the project does not get spread out over the duration of the entire project. Once work starts on a section of this project, work days will start on that section and will be counted continuously until complete except for bad weather days and City caused delays. 0,7c) r r xload Riot .t B - 2 IY 1 'r t i SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY PROPOSAL BOND In= aU Stu bg 24rar jfrraruta: } THAT WE, Jagoe-Public Company f as Principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York. having ita principal place of business in the City of New York, New York, as surety, are held and firmly bound auto City of Denton as ob3iM in the aam of ---Five Percent (5X) of the greatest amount bid i DOLLARS, lawful money of the United States of America, for the payment of which, well and } truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. SIGNED, sealed and dated this 5th day of December 19 89. WHEREAS, the said principal is herewith submitting its proposal for Project #1042 Avenue A and Avenue E Paving and Drainage. T~ THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid p beipal s ah" be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a oontmet and give bond for the faJthfnl performance of 14 the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work If the latter amount be In excess of the former; but in no event shat] the surety's Hability exceed the penal sum hereof, Jagoe-Public Company ..ivy r-" T" c 700 { -z! - c Q Dr. TLC (214) 4421W, f SEABOARD SURETY COMPANY e x r.,. +u Tony J. Kl epecAttoroey-in-Fact r , 1 L` FFF 13 7 2 df'~ Copy SEABOARD SURETY COMPANY 10376 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY t~ POWER OF ATTORNEY 1 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 Rosemary Weaver or j Tony J. Klepec or K.R. Harvey !1 of Dallas Texas its true and lawful Attorney-in-Fact, to make, iiiecule and draw on Its b"f insurar4o poticles, surety bonds, undertakings and other Instruments of :helper nature as follows without Limitations ) Such Insurance policies, surety bonds, undertakings and instruments for said pure a sees, when duty executed by the aforesaid i Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as it signed by the duty authorized t officers of the Company and sealed with its corporate seat; and all the acts of said Attomey-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. 1 ntment is made pursuant to rnCompany on December 8th. 1927, with tAmendmen s to and including January 15.1982 and are still in full force and effect ARTICLE V11, SECTION I .Deitie , revosmitancft sdPulagora. coraanb o1 mwvt% underwr,bn9 wweAsk" and Ini;vun o rsu*q Iharaw } s, borsds f, recric t InseraneePeteies,DOndf.mognixancea.atpulaGons.cw+senUOlwreh.andurMerwrit;nqundaAahwgaoffine ComtKnY,andrekasas,aQreemennandother wrHings We" in any way thereto or to any cla"wn or ton thereunder. Chest be signed in Vie name and on behalf of the Congany (a) byWeC+uumanoltheBoard. V»PreardenlaVice- PreWentoraResWent V'ice-DresidenI"by theSecro".anAssstantsomtsry.aResidem Sevaiary or a Resident Asslatwt Sevatary; or (bl by an Allomey• n-Fact lot the Company appanted and autttor+rad by the Chairman of the Bond, the president or a YKrPros4wA Io nuke such signature; or (c) by sxh other officers or reprewtat;ves as the Board may from bme to rime dtifirmw The seat of ua Cortpany shaN d appropriate be offisad tnerno by any such officer. Attorney-in-ieU of represenlaliA.' 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 alllxed and duly attested by one of its Assistant Secretaries, this ..let I day of September- 19 8.11 SEABOARD SURETY COMPAN Attest ` 4- ~......,.....Y (Seal)j/&.Q.~;.....~~ Q... By.[..`.'.:..1 Aa/Q~........../e~• 1427 !aac+ AssetarAYw I' ( SWE OF NEW JERSEY ~ . COUNTY OF SOMERSET 1 On this day of S.AptreiPl?E':z...... , 19.88.._., before me personally appeared i Miehael...B.....Ke.e.gin 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 _.Ner...Jeraay. : that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing Instrument that he knows the corporate seal of the said Company; that the seal affixed to said instrument b Such corporate seal, that it was so affixed by order of the Board of Directors of saki Company: and that he signed his name thereto as V'Icei-Preskient of said parry by like authority. FSLIC: M. CATALANO ) IVA NOTARY PUBLIC OF NEW JERSEY ill Commissiam Exp. tuna 4, 1991 y c ,y 1,UdLIC CERTIFICATE ~f of ra u+eanignadAnislanlSecrMary ofSEABOARD SURETY CO/APANYdo stersbYcsrtiythatlhe origsrudPowerorAtlorrayorwr+idtnafaregoingia , and Correct COPY, is in hA lor,cs and effect on the eats of this Cefuricate and I do IurlhereeNy that the Yd;YPraedonl who executed the mid Dower of Attorney was one of the 0111"M ouftNad by the Board of DireCton to appoint an attorney Ir*hd as proylded In Article t11, Section 1, of the By-Uwe of SEABOAAD SURETY COMPANY. TG's Cert riuls may be signed and soled by facsimiN under and by outrtority of Valofbwing rssolutbn of the Executive Comm ttee of the soled of D"don of SEABOARD SURETY COMPANY N a r*" duy cased and held or+the 250 day of Mamh 1970. 'AESOLVED: (2) That the use of a Printed facaimik of the,corporals seal of the Company and of ft slonsture of /n AUWM SecrMarY On any CertifSeatson of the ,cOrrec"n of a copy of in iratnxneM executed by the Pmosnt ore Vice-president purwanl to mk N h I, Sectfoni. of appointing and wthoris rig an attorney-in-tad to sign in v* name and on behalf a the Comparq surety baWS, trrdaro t V r4trtmmants deavbed in said Article V11, SWOW 1. wish Gke effect as if aueh Well ate auch afgneture had been marweay affixed and made. weby is authorised and approved' IN WITNESS WHEREF&I have hermintto s t~emtD8lyd affixed the corporate seal of ttyompeny lothese presents this day a 1127 Q7..jj~~r~'A~-Aialitinl sea.tary Faun aulllaaT/iq Sor verification of Ihe authenticity of thi s Power of Attorney you may eat, coded, 2ows.350o and ask for the Power of Attorney clerk P4ase refer to ft Power f Of Attorney number, the above named individual(s) Ind details of 0e bond to which the power is anached. In New York OW 212427.5444. 1 I i R I4 1 i a CITY COUNCII I t i r 1 , 3 I1 ~ I to s ti, Q 1 e ~Q ~ + O~V ~f ti f j r T r r ' CONTRACT AGREEMENT l STATE OF TEXAS lI I COUNTY OF DENTON ) TBIS AGREEMENT, made and entered into this 4 day of September A.D,r 19 9r by and between The City of Denton . j of the County of Denton and State of Texas, acting tbrough} _ u A V U.Scale taeceunto duly authorized so to do, Party of the first Part, hereinafter termed the OWNER, and Liz; . llaaeisa,`' Inc. '0r 621 Lugs low, Denton. Texas 76201 f) Of the City of D~ntnn County of Dentim and State of Texas , Party of the Second Part, hereinafter S . ;.ermed CONTRACTOR. WITNESSETR: That for and in consideration of the payments and agreements hereinafter mentioned, to be made acrd performed by the Party of the ' j first part (OWNER), and under the conditions expressed in the bonds bearing even date herewithr 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 !1127 - CIP Sidewalk and DS Rig waay 380 i Carroll Blvd. Right Tura Lane in the amount of =134,351.60• for CIP sidewalk portion of bid only. 11nitials and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreements and at his (or their) own proper cost and expense to furnish all'•,materials,.'supplies, machinery, equipment, tools, superintendence,, labor, insurance; and. other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 I 0114a 1 r I { written explanatory natter thereof, and the Specifications therefore, as prepared by r4tS ^f n.nr,., rngf Staff except that Contractor shall ~..r~6 niiuals ' n only perform that portion of the bid relating to CIP sidewalks for consideratio I shown , all of which are made a part hereof and collectively evidence and cons- titute the entire contract. j i SPECIAL CONDITIONS i Independent Status s it in mutually understood and agreed by and between City and Contractor that Contractor 's an independent contractor and shall not ae # deemed to be or considered a. employee of the City of Denton, Texaa, for the purposes of income tax, vithholding, social security taxes, vacakion er sick leave benefits, worker's cospensation, or any other City employee becefit. City shall not have supervision and control of Contractor e: any employee of Contractor, and it is expressly understood that Contractor shall perform the 3 services hereunder according to the attached specifications at the goneral + direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Y 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 officecs, agoats, asployees, invitees, and other persons for whoa it Is legally 2iableo with ~ regard to the performance of this Agreement, and contractor will, at its cast "a 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 she State of Texas and r; venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to coaseace 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 Proposals which forms a part of this contract, such r'r payments to be subject to the General and Special Conditions of the Contract. k. ~CA-2 0111a i f , - { { IN WITNESS iiHEREUF, the patties of these presents bave executed this agreement in the year and day first above vritten, ATTEST: Party of a First Part BR i rI ~ (SEAL) ATTEST Inc Zt~ Party of thi 8+ and Part, CGNTPACSOR i :i Titie (SEAL) - " ? t' 3 - , ADP$ AS TQ "X t S • 3, r. 14 . r , z CA_; 3 01148 FF U1,11 Js (511:0: '0115, g0flon U-1fil Trv~c i rl--'eAvd b; PERFORKME BOND T -'A rt BO,SD NO. TX468739 ~ COUNTY OF DENFON KNOW ALL MEN BY THESE PRESENTS: That Larry !Banning Inc. of the City of Denton County of Denton , and State of Texas as PRINCIPAL and Merchants Bondin s 8 Cospaa7 (Mutual) as SURETY, authorised under the lava of the State of Texan to act a. surety on bonds for principals, are held and firmly bound unto the The City of Denton as OWER, in the !penal mum Of _ Ong R,,n.ir.d 111rtg Vnur ThMIMAnA Thr,, Him 'rAd ann Flftj Ono And W Dollars (t_t u_3_ n for the Payment whereof, the said { Principal and Surety bind themselves and their bears, administrators, executors, Y successors and assigns, Jointly and severally, by these presents: s RHERRA the Principal has entered into a certain written contract with the OWER, dated the 4_ day of _ September, 14 ; I -2a, for the construction of DID 01127 - CIP cidevalk and US Bl_lnm L g Carroll Blvd. Right 'Turn Lana t _ in the amount of s134 331.60 which contract is hereby referred to and made a dpart hereof as fuLly 'and to the k Sella exteat as if copied at length herein.. NOii, THFREFORB, the conditice of this obligation is such, that if the said principal shall faithfully perform said Contract and Shan in all respects conditions and agreements in mad by acid contract agreed and covenanted by the r Principal to be observed and performed, and according to the true intact mad meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be voidt otherwise to remain in full force and effects k k 1 - I. F PB-1 i i. 1 • ~II 'wF r PROVIDED, HOidE9ER, that this toad is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. i f s PROVIDED FURTHER, that if any legal action be filed upon this bond, t i venue shall lie in County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work the s xwformed shall in &vyviss such thereunder, or change, t the sIts laneob a specifications, ti~ this toadrawings the at does ~y~by i vaire notice of any time, terms of the contract, or to the work to be performed thereunder. =,i IN FITNESS illilREOF, the said principal and Surety have signed and sealed this instrument this 10th day of September , .19 90. `i 4' LARRY MANNING, INC. MERCHANTS BONDING OWANY (Mutual) 5. Principal Surety r r Pauline Lesch 1 Title 00WJ Title Attorney-in-Fact r Address 821 Rings Row Address P. 0. Box 1150 { Denton, Texas 76201 _Lewisville. Texas'75067 - 11 l 1 . f+: x is . '✓T~ `rri Tbe' er rand add as of the Raaidsnt:48ent df Surety ist - r PCL,INSURANCE AGENCY. INC, 06 Elm Street, Suite 105, Lewisville, Texas 75057 r _ 140?St Date of Bond out not be prior to date of Contract. } i 01 0091b p ~N N t.;i 4, 1 I FF E C~ Al } w ~ 7 1 FAVIENT BOND STATE OF TEXAS BOND NO, TX468739 g COUNTY OF KNOW Ald, MEN BY THESE PRESENTS-. That •%rj3 JSAwnfga Tne ' of the City of Denton as riacipa1, and County of _ Denton , and State of 7exaa ___p P Mutual 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 One Hundred shirty Ponr Yhrea Hundred Fift One and 601100 Dollars (t 134,351.60 { Thou and ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: 1 ` , WHFRFFhS, the Principal has entered into a certain, written contract J T3 with the. Owner, dated the 4 day of September ,:19 90 ` BID'/1127 - C1P Sidewalk and US Histhva 380 3 Carroll Blvd. R1 ht Turn Lane. 1 ti y 7 r to which contract is hereby referred to and made a part . hereof as fully and to the iy % same extent as if copied at length herein. NOfi, THEREFORE, THE CONDITION OF THIS OBLIGATION IS S13CH, that if the ,h said Principal shall pal all claimants supplying labor and material to his or;a subcontractor in the protection of the work provided for in said contract, then f this obligation shall be. void, otherwise to remain in full force and effectf PROVIDED, HOMER$ that this bond is executed pursuant to the I provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the ? acts of the 56th Legislature, Regular Session, 1959, and all liabilities ou 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;,fit i' i , FF I kt Surety, for value received, stipulates and agrees that no change, i 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 SaITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 10th day of _2USeigber 19 90 i LARRY MANNING, INC. MUCHANTS BONDING OWANY, (Mutual) Principal Surety By Pauline Lesch I` Title DAJ • Title Attorne7-in-Fact Address 821 Kings Row Address P. 0. Box 1150 .i Denton, Texas 76201 Lewisville, Texas 75067 M ~~1 I, (SEAL) (SEAL) f'Y The nose and addreis of the Resident Agent of Surety fei i4 : L INSURANCE AGEXCY..INC.,' 206 Ela Street;'Suite lOS,rLe~isrille; Texes 75057 4 11 COMPLAINt NOME 'Y•,~ _ ♦ fi~ i' 1 n ice. I 0092b ' I f . t t, r.+ '...~~f^'_IY~.+"-._ -...~.~.~.,`.r..~.u..i♦sa'w.a.'r4LwWtiYW~y,~"~({~'~(~t~'1~~~a~eAl~~~53 t : . r - % _ I t . r IA1t3TEKAD'CE EOtiL` 4 a BOND NO. TX468734 STATE OF TEXAS H COUNTY OF nZff1nX I !Jar w„t„st r.,. _ C KNOW ALL !'EN BY THESE PRESENTS: THAT as Principal, and Co- a a Corporation aut rased to do business in the State o Texas, as Surety, d' Tereby acknowledge themselves to be held and Found to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of jbirteen ed Thirt Five sad 16 100 Dollars (5 ML , 1 of the tote amount of the contract for the payment of whit sum said principal and surety Go hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Larry ?ta~nni~ng Inc. t has this day entered into a written contract wit- h H, said City o Denton to build i and construct BID 01127 - CEP Sidewalks and OS Bighway 380 i Carroll Blvd. Right Turn lane which contract and the plans and specifications therein mentioned, adopted y t e City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporstd herein by reference and made a part hereof as though the sane were written and set out in full herein, and: 4 ,t VAERFAS, under the said plans, specifications, and 01 ' 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 acceptaaca thereof and do all necessary backfilliag that nay•' ' x become necessary in connection therewith and do all necessary work toward; the k 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 c ry 4that the purpose of this section Is to cover all defective conditions arising by i, reason of defective materials, work, or labor performed by said Contractor, and in ease the said Contractor shall fail to repair, reconstruct or Saint aln 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 w and its surety on thin obligation, and said Contractor and surety shall be subject y to the damages in said contract for each day's failure on the part of said Contractor to comply cith the zero- and provisions of said contract and this bond. C 1~_1 0093b of _ i, •i, 't I i } 0010- 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 rersain 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 oay 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 wo:k shall continue throughout said maintenance period, and the sane shall not be changed, diminished, or in any •anai' affected from any cause during said time. IN WITNESS WHEREOF the said Larry Mannino. Inc. as Contractor an Principe has eaus these presents to executed and the said Merchants Bonding Com n utua as surety, has caused ese presents to executed y its Attorney-ia-Fact Y' PalOche yeo h September and the said Ame in-Fact has hereuntot se iii wand this r SURETY: PRINCIPAL. 1SERC+i~N1S BONDING COMPANY (Mutual) LARRY MANNING, INC. i C A / E'Paulfna Lesch `'Attorney-in-Fact { 1 r r r k xi , 1J ft 0093b ie, r~ i _ '..~~..~,.u-,ate t`•,{. 4 Y ~~Il „ 5 t MERCNANTs BONDING COMPANY (Mutual) DES MOINES: IOWA POWER OF ATTORNEY }}I r r ll; lr. ~.F ~.a r~- rrv1.l.f H ;hi ft. ti,'~'.f.C Irr✓,h'i rd ,t r.y au♦. IdI a1 CfUF cn p'. •rl Lnxt~1L1 (rns - '1 ~ ca trTl ~f lcnl ,''r 1.~rr F^r.A~' t,,rl;^1myrl U-.i,', ti_. C~.irgr'rPc'~. 4,r!: it itr;a a.h mail cx•S11u'r0 ar4 ' ! ..t ! dor' r,.'. 4 r,:n.. . -4; h Cr , .i~i ' 2il.Ln rY r 'I - Oem F. l.ex:h. Paul.ne Lerch v Dar E Cane''l z't Lewlwl;e ,,7 yr r.I farm f 1-, x A I i.Vil AltaIlcV in r;u,l v..iyr IuS K,v r I lFhf ilp1 'ur- •fnt .U.'/'3"N Ch'dal a5 ' 1N7 8411'. F'Ir tvent;r ,.r 'P rt .yJ u~r'e rr o is Any Jt" 0U bc40!e Or cnr!r ±t.i^~'., ;nu'd0 ih.lt n0 bond of orldBRdhxvq _ exacUled'.'nr1r1 tlt 5 a d ~11y . eii ki'! c^] in amount the 6UM 01 ' ' - - r FIVE HUN'DRE0 THOUSAND 15519,000.00) DOLLARS t • lr•1 to Cur+)!hr hfiFfl F{4+,~5 FCC IC,., CllryFl+1' ❑:h hrx110 J r, { S.jr117) tl~ LY'r}_I),Y I rlIir11 .I[, 1a ,1c -1' '.,l J JiC r. !r '[~,f lr ^.1 l.y:I S1'~~11'(trM'y{ r 11. Y:_,PTj 1 n : a'.iRr.rQy w4lir, 7 +1~ art, t > rI ,rd d"' r ' ~6 Il !r -v'1 tKW )x_,.. x'111. r1, 1l1 LR')r1'""n9,Iflytw,s I JYtod Mr CR A JV! it Pl.N',S I's 1,1( ?':p h'F. Ili;ri V4 }S L~RiCI RJ.~ r,:r+Ii40Jf r _ _ A{irhaE2.`L!S'l ijA thO Ct rr , rl'h r,,F, re.• ^r`Prcra AIM SEVMdry ti't06hYE`{r'+nflQ r', n „ ~ d d>N r, - ..I,MK.:hj k' i~r rrt A't,xf r, q-. F.L! t/ to o„ r r r/ C F.r9 d7r 0,*V:~y a t and a Iich We t , Gsn1y': arr P~'rt ~V1iN.. ~1r1r r•, 1: rL n~' ' ~`r~rt e r r{.t I, S~,i y'r'd tr'De'rr wq; • c*e4'Aun, tt 7 t'1rr,Psr.{p I r"1 .1 r ri± r v, r'. Y M J ff... Cr r 4l!Y ttS9 LP A1/ri nS [~Y (d"r.lL' M ' it>.•a'4 r[N v + f V Y ;7i API CLE 'f. 5EG1 N CL, 2 Prat, d VkK n y' v l r 1 ; $c'L,l' r ...rT t7 , r1.r.I i-I CI ',y W)m orl(1.7tapa p. rt ny>'»rx!r c. M.:+ 1 r •8 ex ~r '.;y_ C $i ].¢,^},,:.A J,! f. rr.91,', ..x} C61' _T d''.; k, J d: rrhr pl U`-K°7 etgN h.9VC Mur $a'~r,l` i~Ygf: 7110 rl'F.'dl lS r,,~ p5'~x/h n:1:U rl~h~"e1 r. Pfvs rr~ B'd _ fn Nhtrr.,; K 1•Y`bl. V-1I c10,I)lS 604401V, Q" 'iA,, r '/u h Rd. , J. 5'J Irw"n r•rpSdutS l0 tk, Fr Cry' its we A0, 1990 1., st day of. January rKpu'alrr Irr tx. Re"~ c. 1 1'CKHANTS 6(Nt LNG f C MPANY 11,1 AU+) { t. Atrest try t Jll lei o4P0 °yy• STATE Of KOA (OAT'Y OF POLK _ , ? OR ails IN d iy Of January 1490 uoVt Ine aopev IA J L" end • ! t. Y Rodnev p1x 91, to r,e pcrs -,ally Aroh, xfr, b", Ly rrc rlydy swvn dA Sny'hat rwy me /ice fhosdan,Yd E+ec,Rive V&, PfOS 0 { a ^ I'e;pecti'm1y OV ft tv4E HC'tsANT S BON[1ttJ(i oomrlk JY (NAk o't Etc moo 'llm drwibod r the lucgetn9 0s1%r*fU. and that fie Song Y t ,'s r afkNM W AM s:rd rttlrurncYx 15 the Cogkxaw Seal a the .aid Crn(X k)n and M Ar. -44rtiln,:nent wa, S~V'd and Seared m behalf of ?`r 1 XtE ; 1 adld :4'9aenon Fy :M00;7 of as,f3eard rd De•ettars, . ri. y "s x S h tes.Irrorry W! wled,1 havo hectu,l0 set rry h,ud aid ads red n' peroa; Seai. at the Coy o1 De; Moa*rs IOWA the dAy and year bra .'rt,G~.. s4 49 *;AlVn, xlo~ % i. I ` 3 i IOWA ' r z. S It G1A1E OF K7, G 6% 4jq$A04.~ 00I IN FY OF F `LK i• da-4, t . 1 1 ~ ~ ~ ~ ~ r 1. Al .1 lvy. Vice Fh CShJ(rnt d thc' ME FChANi S (yXJDtlK~ Cgt.lhytN'I IM Iuall do hereW r.@rA!y thaE Iho rbOte xW , ♦r i kr-" :s a 9+m and cr1{rt' IY ke PCr4VE1 CJF AFTUnNEY, exrxord by sad WOC.IiANTS ")004c; .a l fCkIPANY IA1,,l4~ari, which K in f<oc ar,d Ot-,t ••v~'~q4 SQ t { ~E In 1LIInem V4Ixveof. I nave heicurto sel my ha'4 ark) dr<:..d the sev or tto company, m Lewisville,,- 10th A7~.• t dlycA September I's 90 =vo ,(G• ~S. I "A h t(~ % ti 1 19 +O. Decepber 3 90 ' u'r:' c I This DcwaN o' attorney aryiles - . d • ' '11 : age- 1 1 l - • ' S 'P I 7.. } own CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Ownec, the minimum insurance 3 coverage as indicated hereinafter. 1 Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The ` certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. the contractor shall also be protected against claims for d injury, disease, or death of employees which, for any Y reason, may not fall within the provisions of a workman's compensation law. The liability limits shall not be less than- 0 Workmen's Compensation - statutory o Employer's Liability - Statutory j }5 r" it COMPRwritten EH NSIVinA'co~=BILS LIABILITY. This insurance shall ' tor a at all s fd thapubl£c andf dae'age to a rmortr -'oti orthers` apbers;to! P pe y r ng.trom the use of motor, vehicles licensed for blObway' uaa, whether they are owned, nonowned, or hired. The liability limits shall not be less tbane o A combined single limit of $500.000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be ; written in comprehensive form and shall protect the Contractor against all claims arising from injuries to 'j members of the public or damage to propeity of others i arising out of any act or omiEbion of the Contractor or his agents, employees or subcontractors. 1 CI - 1 1' • I 4 1 1. I FF rti To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or s underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, i i The liability limits shall not be less than: o A combined single limit of $5000000.00 . IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This a insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than; o A combined single limit of $5001000.00 i INSURANCE SUMKA.RY: The contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during. testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that f the act has been issued by the Owner Approval of the insurance by j ` Owner shall not In a expressly dcrease the ;liability i heteund r. waItrelieve understood thaE the Owner does not in any way represent that the, specified limits of t liability or coverage, oc " policy 'forma are sufficient:or adequate }1' to protect the interest or liabilities of the Contractor. ' Again, the owner shall be ; given " a certificate of i~,aurance indicating , that l he above policies and the appi p"riats limits are indeed enforced. The certificate, shall also indicate ttiat the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of. the E: required insurance coverage. All responsibility for payment of any sums, resulting from any deductible provisions, corridor, or., self-insured retention conditions of the policy or policies shall i remain with the Contractor. The Contractor shall not begin"any. work until the Owner has reviewed and approved the insurance J Ilk A r certificates and so notified the Contractor. directly in writing.: Any, notice to proceed that is issued shall be subject to such A approval by the Owner. t ft , - - 1 ME I j~ CERTIFICATE OF INSURANM: ISSUE DATE fwl 08-01-90 t PRODUCER THIS CERTIFICATE 4 4SUED AS A MATTER OF WFOWATIOM ONLY AND CONFERS . F Y NO WXTS UPON THE CE RTIFICATI HOLDER. TWS CERTWXATE DOES NOT AaaEMO, Denton Insurance Center, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUM BELOW. FFF pDent~ Texas 76202 COMPANIES AFFORDING COVERAGE CCUPAw LETTER A Houston General I B Houston General LETTER ftSURED OOMPANY c Larry Manning Inc. LETTER 821 Kings Row COMPAW i Denton, Texas 76201 LETTEA 0 Houston General I B Houston General OompANY LETTER COvERAGES ~ YW M TO CM I IFY THAT POLICES OF NSURANG LWEO WMDW NAVE KEN I= TO THE SWUM NAMED AUOYE FOR THE POLICY ►ERI00 so" TE0 -Z NOTWITHSTANDING ANY REOUM MIT TOM 0A COIDRIOM OF ANY CONTRACTOR OTHER DOCUMWT W X F110*" TO WHICH TMS ClERTFICATE MAtf 'r, ' BE 4SI" OR MAY PIATASL THE NWI~NICE AFFORDED BY THE POLICIES DESCIIEED NEAEN 4 SUBJECT TO ALL THE TEAM. EXCLUSIONS. AND CONOf• R TIO a OF SUCH POLKX T Ca TYPE Of EVSIIRANCE DOUCY NUMBER pitF~il ALL LMMS M Tf10USANOS LTR A GENERAL LwR'TY CGL936806904 3-24-90 3-24-91 AM4ATE 1,000 COMMERCML $EIER~AL lW1l,ITY MOUCTS MOODS WZAGATI ' DAW WOE L?J KOS04- I A AMRTS" OW" ' X OvFEa s L CDUTAAnala FaofTtTAE Binder 8-22-90 8-22-91 1401 =AKIO 500 inn MI . fAE Duva W" ow ran W" loft% MY ON K"m B AUTOWOBU LIABILITY AUT935870504 3-24-90 3-24-91 m 3 X AKY AUTO 500 i X ALL DAM AUTOS WWI ' X OS W" AtlTOS W W&O AUTOS mom y° - GAIa & LYJULUTY ~ C I 71 i r t EXCISSLIAMUTY AOOMO.R' a OTH9f TIfAU! UMMELU FOIrA STATUTORY > p Y~onfEm'ooLrEII/ATIGN CWC100762704 3-24-90 3-24-91 00 9AO4A0000m ' AM 1 100 oautt+ouc+ uMrty ~ WILOYEM' LIAMM pexATEt ld !N►LD~HI T' [Certificate Builders CD4938132700 5-09-90 5-09-91 $1581521.35 SCRIPTION OF OKAATV4I LOCAT10l4lYEISCIES I RESTRICTIONS I SDEdAL REMS Holder is Hereby Shown as Additional Namd Insured i *Cw12rs 6 Contr@ctcrs Protective - City of Denton CIP Sidewalks b US Hwy 380 - Carroll Blvd Right Tun Lane j .I I .City,ER CANCELLAT:GN wan WILL VOfAl TO . FIRATNk1ATE TNEU1tOPTNUNG SOdMlNfU•!A' of Denton E I.ttne Purchasing Dept. MAIL 30 DAYS WRITTEN NOTICE TO TV CEITTFIGATE HOLM MAM[D To Tm ~l r LEFT, BUT FAILURE TO MAIL $UCH NOT= SHALL W= NO 00-4knON OR 9O1 B Denton1 2W~SxaaS Street reet LIABILITY OF ANY KOO UPON THE COMPANY. ITS AWITI OR ftPM kfATWL AUTHORM REPRESENTATNE i . James Watson .~iJlE;fd- Gl ~ ' a FF CEAILFICATE Of IYSUfWKE CITY OF UNION City of oenton Reference: R Nave and Address of AgancY Project Mane: ti Vroject Not e Phone Project Location: Managing Dept: - flank and Ad4ress of tasured: CorR*Mes Affordlrq Coverage: ~ A 8 Phone C This Is to certify that: 1) Policies of iasrraaa listed below have been issued and are is fora at this llw. 2) TAv City of Orton is listed as an additional insured as to all applicable coverape. Cpnpia~i Expiration Limits of Liability ' fell t of Insur poll aluaDer [tat IN 1110"ards occurrenu tasprelkas)ve 6eaeral Liability = - Occurrence Bodily Injury - Clafers Made (see 0! Page CIS) = Property OmW Broad FO to Iatiors ons _ PromisIS /OVer ~ fry and party s i - Independent Contractors _ Products/r Led Operations f -Personal Innjuury i - Contractual Uability(see F3 Page CI-4) - UEiip6ergiro ndWMatul6apse Hazard -liquor Liability Coverage , ss _ Flre Legal Liability (see 85-Page C[-1) - grow Forte Property Dvug* - ' _.r_..-.._-- - Professional Errors/Crissioas rKe = claiim VAde is" f/-Page CI-1) bodily [a orylPerson } ~ c Aetldeat - - . I 1ve AMtoasiblte bodily ta~ery/ - - L1 !Illy arty OaAt4b c +Q~ e.~dlLeead JsedwtA~utpilesly bodily tajury/Propet : Y ;t r Mired A+iteaeblles Do*" caablald ,TTTT : ; ' .f ~ ~ ~StatetOrY AR%Ml Wrters', coom atioe and f"is~ t3ab~iity OW*", Protective liability Other tasnrance t age. Description of Operatlons/LOUtio0s/Yehieles. c Eac% policy shall "Ire thirty (30) days notice of uncellakloa. aoa-reae+rall or material cAanpt li average. (Set Page C1-1}. Mail and address of certificate Molder. C(IT of OWN IFXAS PW:IIASLWs ACEAI r' 901-8 TEXAS S1. OFIlCMO liras 116201 SEE OEfLM1110MS OM PAGE CI-4 AT1AC11E0. Cl _ r. l L •y1 1 J`S I x E DEFINITIONS ! • i 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed offi ialsr 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-reneval, or, any material change in coverages a notice thereof shall be given to owner by certified mail. If the policy: is cancelled for uon-payment of premium: only ten (10) days written notice to owner is requirlid. 3. COKRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this 1 Certificate of Insurance under Comprehensive General x Liability, must include a definition of coverage broad ' enough to provide coverage for obligations assumed by the of. insurance tor is in the referenced contract. This Certificate ~ Provided as required by the governing conttact. .'i 4. CLAIMS MADE POLICY FORM: Required period of coverage will i be determined by the following formula: 'Continuous ai coverage for the life of the ctntractr plus one year."(to provide coverage for the warranty period), and'a extended "Rs ti discovery period for a minimum of five (5) years which r shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY. (Required in all contracts that . ' involve the occupancy, construction or alteration of City-owned or leased facilities.)' Insurance is to cover buildings, contents (where applicable) and permanently installed equ!pment with, respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, rt and agents thereof in their official capacities, and/or ?I while acting on behalf of the owner. E J •1 CITY Of DNNTON 1215 E. McKinney / Denfon, Texas 76201 1- , - - t MEMORANDUM 7 ADDENDUM !i s. DATE: July 230, 1990 '=f TO: CONTRACTORS t ~ FROM, David Salmon, P.E. Civil Engineer' ,t SUBJECT: 1990 CIF Sidewalks (Bid /1127) , y ADDENDUM f1 This Memo is to serve as notice to all COnk,ractore, bidding' on to the 1990 CIP Sidewalk project that the note on sheet 12 concerning the height of the retaining wall`-iS'L in erc r." Tie + heiht of i, specificatio s on page SC 3. 'There will been0 ii Cal on W ile from stationsaiini+• 00' to 6+ 00 this project sheet 12; ,aa noted 9 ,x i bla wall ? e aeaaxiaua: of 3~Eeet tall-.from Station `0 +,t00 to 4 0 wil k_ I, 14 V DaV Sa AO 3 t' i. rr I - .'fir' t t~ 14 CK8o.4LEDGMENT DATE .I 1 • ( JJJ111 I 1:', t 1 411 I,t ' I . I.~~ 1 C , 1. ' • J it - - rnr c 1)n 7 BID BOND Know all men by these presents: -LARRY MANNING. INC. (hereinafter called the Principal) as Principal, and the MERCHANTS BONLI*'G COMPANY (Mutual) a corporation of the State of Iowa, with its flame Oflke in the City of Ile{ Moines, Iowa, (hereinafter called Surety), as Surety, are beW and firmly bound to CITY OF DENTOH (hereinafter called the Obligee) in the full and Just sum of 5%QAB IF F Five Percent Of The Greatest Amount Bid good and lawful money of the United States of Amer" to the payments of which sum of money well and truly to be made, the said Principal and Surety bind tbernselves, their and each of their heirs, executors, admialstrttors, successors and assigns, Jointly and severally, firmly by Huse presents. i~ Sigacd, at" and dated this 31st day of July, ,_I* 1 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make, any award to ' the Principal or CIP SIDEWALKS AND US HIGHWAY•380 & CARRMI BLVD. RIOT `TURN LANE-"- h _ t BID NO. 1127 according to the terau of the proposal or bid made by the Principal therefor, and the Principal dull duly i make and enter Into a contract with the Obligee In accordance with the terms of said proposal or bid and " award, and shall give bond for the faithful performance thereof with the MERCHANTS, BONDING # COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shell, in ease of failure to do so, pay to the Obligee the damages wbkh the Obligee may suffer by reason of such failure, oat exceeding the penalty of this bond, then this obligation shalt be aull and void; otherwise it shall be and retntais in full fora and effect. IN TES'TIMONY INHERED?, the Prirrlpsl and Surety have caused these presents to be duly WVW and sealed J LARRY MANNING, INC. } ) Principal Wttuer: By t y { ` t ,y Atfaktm MERC BONDING COMPANY Oduttw) rt - r :1Y owl • r f i r rq r , xl 0 1,0 ig, S. i I _ r i , S y It ' 31st 1w .1ulj qp F• J~ December 31, 1990 r. 4`J • s f l ' i f f ♦i r1 , j rn I F SID # 1127 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF CIP SIDEWALKS AND US HWY. 380/CARROLL BLVD. RIGHT TURN LANE IN DENTON, TEXAS The son or undersigned, as bidder, declares that the only Per parties interested hin s itroPosalpisamade without principals collusiontwith named herein, that ths p that he has carefully any other person, firm or corporation; examined the form of contract,•Notice to Bidders, specifications the locations, conditireon9e+ rr and to,, and has carefully ned and the plans therein proQosed work and agrees thaar tustlandr other a items eincidental labor, machinery, tools, app to constcuctionr andwill the°contall t ract a drkspecificationsain the, materials called for in to the requirements of manner prescribed herein and according r - the City as therein set forth. y~ uantities of work-,to be i It is understood that the fold ximate q.only, and are intended done at unit prices. are apP . principally to salve as a guide in evaluating bids. t' to be done agreed that, the quantities of Work . at' unit s be incraasedr.or c It is prices and material to be furnished may in the opinion' diminished as may be considered necessary, to and to complete the'. work fully as r s of the City+ quantities of work whether increased contemplated, and that all or decreaseare to be pEor d at the oinethe spe ifications. set forth below except provided It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the + plane or required by the specifications, in accordanceey m ythe provisions o cover deletion of Conditions. nso ordered,rly+ is to decreased t ' work It is unaersood the n~mbe r9ofeworkadayseshown on thebbid°tabulation 9 full within n sheet. S P-1 .I f _ BID# 1127 Accompanying this proposal is a certified or cashier's check or Sid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid. security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall''Eail to ,e'xecute,.a contract and file a performance bond and a paytaent bond ' within in which case hall fifteen days after its acceptance, be of the Owner, and e id security. shall become the property. other" dered as a.. payment for damages, due ,to ,delay,.an consi on account ;of,such'failure ' inconveniences suffered by the owner of the bidder. Owner reserves the rigt►t to'.reiect any and all bide. 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 f specification., of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees.to perform all work ' F andwspecVer nature. required, in strict accordance uith, „ the plans ollow n sum or-p'rices;''to '►+it: ca s, i g , ifi tion for the following' C 1 e .r } ` _ 1 1 at I i tai it!I t & i• ~ i j F s,Cgr ~ t r r { _ - r t , ,t2 i. WAN , ~ WORE DAYS 40 f CIP Hdevalks BID NO. 127-- K PO NO { BID TABULATION SBEET i ITEK DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Remove concrete 3-B.1 Curb and Gutter ]88 LP 3- ` B.2 Remove Concrete Curb 76 LP ELF Remove Concrete Drive 3-C and Sidewalk 49 Sy 7.~ SY SP-46 Remove concrete steps 3 6 set set SP-47 Concrete Ste • 6 Set tr Set Concrete Retaining 8.7.A Wall (Class A) 1 S17 LP LP v S J,~r 8.3-A 4' concrete Sidewalk 3o201 SY SY 5',, w 4 8.15 Concrete Ri -Ra 10 SY yJ SY JJG?.'~ !~11 r 3.7 +C,7ctt, ad Pill 57 CY CY SP-2 eSaw Cut 621 LP aGU Ar 3.10.7 H dromulch cs. 4 378 SY r5s SY 3.9.3 St, Augustine Sod SP-27.A Water Service Adjustment 30 EA F~ O/ZA SP-27:8 Saver Service Adjustment 14 BA I%YA /eA /ul!%" SP-48 lire drant Adjustment EA' a" SP-21 French Drain 1 S00 LF Contractors warranties 1.21 at' and yS Understandings is 7-4 Preparation Of 3.1 Right-of-Way J sarricades, warning 8.1 $1900 and Detours LS A. 11t6, c1, SP-39 -Project Signs 2 9;P-34 2' Schedule 80 PYC 325 LP J 5 LP Miscellaneous Sprinkler, SP-49 01 stem Ad ustments - _LS !l ~r•~ ; TOTAL a 3.10.3 Seeding r ± P - 3 Ole NORX DAYS 1S T BID NO, 1227 2 . US Hwy, 380/Carroll Blvd. Right Turn Lane PO NO1 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Remove concrete (ell 3.8.1 curb and Gutter 202 LP ) LP ~G SP-33 Restore Concrete Inlet 1 EA zA. 3.3 Unclassified Excavation 95 CY CY yy 10' Inlet 1 EA EA al`~' 2.12,3 18' RCP (Class III) 10 L! iLP "SL-~? f !s i 201105 Inlet Prase and Cover 1 EA i /EA it 8.2 Integral Curb 197 LP Chi `,C~~ c c 13: Ar 11 U~~~ .U / 5.8-A 8• Concrete Pavement 193 SY Sy ~ SP-15 Adjust Water Valve 1 EA A/ • 'EA a SP-2 Concrete Saw Cut 206 LF L! cl i=T . Contractors Warranties' AM Understandings LS Barricadoa, Warn! f0, # 8.1 Si ns and Detours LS , r. TOTAL / ~r P-1 r t rn WORK DAYS 10 ixxr. BID NO. ?I2T' { Glenwood Street French Drain PO Not ' i BID TABULATION SKEET i ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-21 French Drain 383 LF } 43 /LF S ~Z SP-34 2' Schedule 80 PVC 70 LF /L! SP-2 Concrete Saw Cut ISO LF /LT " Remove Concrete h 3-C Sidewalk and Drive 18 SY SY 3-Be2 Remove Concrete Curb 10 LF J. L! 5~. Remove Concrete eL SP-50 Retafnin Wall 10 LP LP ~.IiIJ Replace Concrete i,la Lli;/~ tc 8.7.8 Retaining Wall 10 LF LF 7CS' s 8.2 Integral CV rb 10 LF .1. L! "r SP-27eA Water Service Ad ustment /VA } SP-27e8 Sewer service Ad ustae 5 EA BA ~'U• Miscellatwous Sprinkles c <<+ SP-49 system Adjustment - Ls 1 ~ 213 SY SY P'T'4 3.10.7 dromulch ! - /_U Cam. I r 3.9.3 S!. Au urtine Sod 25 Sy SY JS. rectors Warrant es kc; i,' • i.~ 1.21 and Understandings LS, 1. :11 A J 11.) Barricades$ Warning and Detours 8.1 signs Y at 8.3-A 4' Concrete Sidewalk is SY c~!1 C4 SY LtS~ TOTAL / 3.10.3 Seeds 213 SY : u5 SY f 'i • f ' P-5 ' -imam II1 F ~ 1 I r nr i ' BID# 1127 ; r, BID SUMMARY i i s ~ ~ fOT~►L SID PRICE IN WORDS 35 ward of a signed, the i the a contract to the under In the event of erformance bond and a, payment bond undersigned will furnish a P For the full amount of,Ithe contract, to secure proper. co visions the until final completion and compliance with the termse a nrk insure and guarantee th acceptance, and to guarantee payment for all lawful claims for erformed and materials furnished in the fulfillment of ~ labor p the contract. to be done shall. be , k dance 'with s and when ofullyat the work pd , f inished' in error. ~ completed and ini satisfaction cf :Elie the accepted, and specifications, to the Engineer. The undersigned certifies that the bid prices contained. in %ubis, th checked and ace subAitted p as proposal have been carefully ' 9 orYeCt and final. Unit and lump-sum prices as shown for each itea listed in Ehis proposal, shall control over extensions. • l' all tree A less 4ae Atty an seal & Authorization (If a corporation) Telephone 1 .t i wk; 1 - C' t owl BID# 1127 i' BID SUMMARY t idi Y 1 Work DaYS Bid P_ ° t I rlis')G 40 CIP 3ldesialks T (2). Carroll 910/ i vd. Right Turn Lane +1,5 $ Ir J 1`y (3) Glenwood Street • French' Drain 10 I 65 Its, {4) TOTAL i w, k,l I ~ : i ~t - i , f Yet 2 ~ r + IL tt, I 01 fJ r: 751., t Ilt'C h - B . 2 r - " + a ~ ~1 ' T' t' - -'--"--^~++wa;aw+fir,~.aoort•..Mwr",,......~..~...~..~.~..~.~-=:..~---....~....r....,..a.,Mqu F~r~,w~.ss~.r•I.•e.w.~ ~ ! {1"C r+ Z" i CITY I COUNCIL= { u F r,;; r ~a , t i l ~OO ; O r. a M t Q t 'r ~ ~~~bl7COuL0~~~o r` , t : y i5i i n 1 i~ r~ f.: r-..I r l'y lT r P, !j`L s ~ i i ~ 11i r jY, , 1 I 1 n 1 r CONTRACT AGREEMENT 6 1 STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 18th day of APRIL A.D., 1990 , by and between THE CITY OF DENTON of the County of . DENT-ON and State of Texas, acting <L thereunto through Lt YD HARRIS duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and C -I,ARRifl AN ING, INC., 821 RINGS ROW, DENTON TEXAS 76201 of the City of DENTON , County of DENTON and state of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. HITNESSETH: That for and in consideration o2 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 he'rewith', th y second Part (CONTRACTOR) hereby agrees, is e;( said Party of the with,the said Part of the First Part (OWNER) to conmenc6,and. "i complete the construction of certain improvements described as follows: DID! 1080 CONCRETE WORK MALON& STRPET and all extra work in connection therewith, under the'•terns as stated in the General Conditions of the agreements and;'it his (or their) own proper cost and expense to , furnish ail r; materials#suppie, machinery) equipment, " tools, w perinten , insurance, and other- accessories and ti .t 6ee es necessary to complete the said constr(jction,.,i:n : vic . , ' • , y accordance With the conditions, d in and prices accordance stated in the Proposal. attached hereto, with ; al;l ',the General Conditions areement,, the Special Crlnditions,. B attached R'. Bondst ie reic and. he d Performance s and n Payment i - all C Biddeer , hereto, and in accordance with the plans, which includes gall Maps, plats, blueprints, and other drawings and printed 'or written explanatory matter thereof, and the Specitic:ttions y therefore,as prepared by THE CITY OF DENTON TEXAS SNUxNEERING a o which are made -Y -part hereof and collectively evidence and constitute the entire contract. CA ,e I y' 1 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. a, The OWNER agrees to pay the CONTRACTOR in current funds the f price or prices shown in the Proposal, which forms a part' of Ar this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: Par o the F r8 d1t~ ER . , I r 4 ti ('SEAL) I w i ATTEST: INC, LARRY MANNING .t . Party o '•,t a Secon Part, CONTRACTOR .1" 4 'By , • Title U (SEAL) ;r r , • 2 t k ~.I APPFIAV AS TO FORM: t; t 7orne ; 4 i • 1 f CA - 2 r t'.'~, byyyt4a rMH•~:ure•,1..-lc ~~A'"• . •a:4 ff.1.~ , t l _ 4' 3 FF C } BOND NO. TX-465392 PERFORMANCE BOND {1 • STATE OF TEXAS S ' COUNTY OF DENTON S t KNOW ALL MEN BY THESE PRESENTS: That Larry Manninr Inc. of the City of Dentcn County of Denton , and State of TX ,as principal, and Merchants Bonding Company (Mutual) r authorized under the laws of the State of Texas to acL as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON TEXAS , in the penal sum of THIRTEEN THOUSAND SIX HUNDRED SEVENTY SIX a 25/100 Dollars 13,676.25 ) 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: EI WHEREAS, the Principal has entered into a certain written y} contract with the City of Denton, dated the loth day of APRIL , 19 90 , to which contract is hereby referred to and made a part hereof as fully and to the same -i 'i 3 extent as if copied at length herein, for 3 _ BID 01080 - CONCRETE WORK MALONE STREET, NOW1THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, ` that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and ` perform all and singular the covenants, conditions. and r; agreements in and by said contract agreed and covenanted by the - performed, and according to the .j; Principal to be observed and S" true intent and meaning of said Contract and tae Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; z PROVIDED, HOWEVER, that this bond is executed pursuant to. the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular K^ ' Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. l 7. PB - 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 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 lat day of - may 14 s Lsrry ?lamming Inc. Merchants Bonding Company (Mutual) PRINCIPAL s. Y SURETY ._t By By rrri 4i7t9t li1t~I tw' ` Title See- Paulne Leh' Titlel►t orneyM-Fact { 822 KIN 8 Rorr I Address: G Address: 206 Elm St., Suite 105 01 Denton, TX 76201 Lewisville TX ?5061x1150 $ I. The name and address of the Resident Agent of surety is: VAS PCL INSURANCE AGENCY INC. .Elo St., Suite 105, P. O. t 206Box 1150. Lewisville, TX 75067.1 150 ,R 7 X r 14, ~L 1 X11 , 1 I ~ ~Y .y wy'el t P B - 2 r, .r 4 t + r ~ r, 1 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON _ $ a ' KNOW ALL MEN BY THESE PRESENTS: That Marry Manning Inc, 1 of the City of Denton County of Denton and the State of TX j as Principal, and Merchants Bonding Company (Mutual) authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas, in the penal sum of THIRTEEN THOUSAND SIX ;'fl HUNDRED SEVENTY SIX i' Dollars ($13,676.25 7 for the payment whereof, i; f the Said Prino-25 Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and ;t severally, by these presents: WHEREAS, the Principal has entered into a certain written t -contract with the City of Denton, dated the ja}h day r of APRIL 19, 90 , to which contract is hereby %1 +2 referred to and made a part hereof as fully and to the sane Y; extent as if copied at length herein, for a"I 4 r DID 01080 - CONCRETE WORK MALONE STREET. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH try 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 effects PROVIDED, HOWEVER, that this bond is executed pursuant to ' the provisions of Article 5160 of the Revised Civil Statutes 'of Texas as amended by the acts of the 56th Legislature, Regular. r `}F ' Session, 1959 and all liabilities on this bond shall be ;e. determined in accordance with the previsions of said Article to ` the same extent as if it were copied at length herein. y N nc ~ 4 1 r f • 1 1 1 ((44 ll'l J,. x.111 Surety, for value received, stipulates and agrees that no ch terms ange, extension of ti~ae, alteration or addition to the ch the contract, or 0 the work performed thereunder, or the t plans, specifications, or drawings accompanying the sage, shall j. in anywise affect its obligation on this t'ond, and it does 11 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 let _ day : y of ?iaY 19 90 - 1. Larri ?S=~ninR Inc, MereabiLnCyt S RET PRINCIPAL By y au ne Be s Sec. Title Attorney-in-Fact' Title 1 ' J }ti 206 Elm St Suite 105 f~ Add[ea8s 821 xinge Row Address: Denton, TX 76?Ol Lewisville, TX 7067-1150 ~kf t 1.4: } . \ may, ' t The namd and address of the Resident Agent of surety is: , 3 - PCL INSURANCE AGENCY INC. 1 750b7-1150 , TX t 206 Elea St. Suite 105 P- 0. Box 1150 Lewisville 'A Y 1}r ;qi • :jr r . lv. 1 l, v ~t i t l , u,ti I , I y1 •~r It f f r 1`,. i ~ t ~jpS 1 4,- ' ~M ~-~-'I~nt.l~i.~'~'_.ti+. Y.M~KI~VV.~,s•a~A~.~M-Lti~ ` 1 . r r 4J,A t J 1 ~ , MAINTENANCE BOND { THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S f That Larry Manning Inc. as Principal, and Merchants Bonding Company (Mutual) ' a corporation authorized to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound << to pay unto the City of Denton, a Municipal Corporation of the State of'Texas, its successors and assigns, at Denton, Denton I County, Texas, the sum of nNa THotsANn TxREF HUNpgEp SI][TY ! SFVRH Awn Alit] 61 f ] nn. . 1 nr I$ 367 ~o the said sum being ten (10%) percent of the total amount of the hereinafter mentioned contract for the payment of which sum said principal and surety do hereby bind z0 themselves, their successors and assigns, jointly and severally. 1 1. This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build and construct BID# 1080 - CONCRETE WORK H&W-NE STREET i 1~ i zl. 'a' 1' , LT ! '~y 1~ y rye ' which contract and the plans and specifications therein " mentioned, adopted by the City of Denton, are filed with the r' City Secretary of said City and are hereby expressly incor- porated herein by reference and made a part hereof as though the same were written and set out in full herein; Clot ' NOW, THEREFORE, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted ` to be done and performed for a period of one (1) year from the 4'A date of acceptance in writing by the City of Denton and do all if necessary worts and repair of any defective conditions growing y}` out of or arising from the improper work of the same, including, f I but not limited to, any settling, breaking, cracking or other MB _ l pr/Mww+.n..~....~.~,«n.,«w..'u..r.w..t>w1s: Y~9ti.~,:f.~Y. .,1-, ::Sci.wl?n:J 1. wn..., .i .r. v'tir',yk~ h IN% defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other i e.e.R• cause or condition, known or unknown, at any time during the. period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor! then this obligation shall be void, otherwise to remain in full force and effect. r i In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as, determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It• is further agreed that this obligation shall he continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall rave been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same ehall not be changed, diminished, or in any manner affected from any cause during said time. Provided, further, that if legal action be filed on this Y bond, venue shall lie in Denton County. this instrument is executed in IN WITNESS WHEREOF, ~K duplicate, each one of which shall rbeDdeemed an original, this X/1 a! .:a the ist day of Y , 90 9 r SURETY PRINCIPAL 4' 1' { Merchants Bonding CcmPany Mutual) L Manning ~c • i a BY: Sec. iG'!'t7fQ 1 BY: I, R T tle Pauline Lesch Title s, srv{ Attorney-in-Pact ' a1 q ~ . ~ kl~ ' it J '14, CO-NIPLAJNI NOTICE l '4 ?li MB - 2 , t ' , ' ~4'}~2:.F:itl ~<1K;r~ ~ r.q 3(ar w ..1-.tea Y'1 ';~-'fi (.w, Ni ~M•~,A i4 ~.....6uP~[.~j~i~►~ii~ Y' A1 v , t :2 1 MERCHANTS BONDING COMPANY (Mutua:!) DES MOINES, IOWA POWER OF ATTORNEY ~ 'I Ak Y", f 2v FlN:• . P -t, v r,. 1h11 Ya ldt '?C.164N15 [100 ID1,9 I CCA"F NYMxi j d C'OrC'tudWn rV'y Ory,MQ(n4u-n k I1'k1 LrAS t 71 Rv. Sre1tl rd I xv,t -J hJ n i 1s1 t- C,.iv 117 1'':Y In rrir, 1; 4r !4 Q`, rf-,n ".r•, r.^.,irdy or Pa'S. S'd'e o' kvna "alh gNra'dukd gnxi -.r nF+Fx i•dl^d A',4 wJCS r,y,1,. r. <<ny;n 111 rtr's'1h 1.1.1 . Cem F. Lr;sch, Panhnn Lasch v, Don E Cornell r,` Lehisy0e wx7 S,dn1 J Texas is Hue LYrf IoAbd Nrumey in F'a'd. wi h lull poocr 1 1 •,CI le>3 acllKr~ry r,. ,v U•.n'a'.r13, ;y wir'w: j,n f a-rx' s:r•,0 to t-, l e.rtivla.N'1i•~Il'ra7f~l'; afxi dc+fr rn its b VP is surety A':y and all bonds Of uiTde'a: ngs, pravded IN: no bony of undWaIIN vxecutal under this authority shag exceed in amount the sum of I FIVE HUNDRED THOUSAND (5600,000.00) DOLLARS and 1,7 brd ttw f1FRC'HANTS (.C' 4Oiyt3 C'(141p0.r'i'f If ~i V1( t•t1Y tS f•I1y 111 A 1I Crk'M.k5 11 S,r:.h turd a wxWaamg was _ 547 Hadbr Vh July NU ha,re~9c41thMFPh1r:A1JTS E~F~Dr. I'h GC1fdYANf 6Ld~p1',.1dA7 tlx arL Cl 5,1d A4hyney, [Mr rjllard hi the - J)1tKviiy n':ri?4 q.•ar are rx fty ra1jj4A rn Co,d~rlrni - Th45 PCwa-ot A!Iv,wj-s nvvy; aref 5x'4 i<r7 Wrs.w.,r Sv.uKi ba w;hi, rf Lf Ili loth r.,ang By La.v..KSt, fcd by Rq Ba•4 cl DYn tixs c3, Vr AAEFI0W475 ",9)M3 COfA°'ANY rVu'uLl, ART K;I. E 2, SCC_f K7M1! 5A Tte Cna,+mnn 01 5w &1j•d or t'Ieshxnl a arrv Vlcr F'rc>nkmt or ;iwekxy Shari tr,+e pciv.'cv lard I ' 3u4ho',4y on arc&40 Atraneys-iii 'Fa:i. aid b 3,Ad KIrt:C atom In I,IOCL:!v Col tx3'all CJ the Cclrrlpary tntl nhxh the tr at of Can,rynry tltCrCl;.la td5 ar•!'und• •6it,cri.rrra31dz Yx_es r,,n;ra';ts of 4nk+r•rvy ana ott+rr v,t ~rcr}s t,Of V*ry 41 tl,0.n.VurJ lnerCYJ. Ail1` GUE SECtO4 60 - The soo rnalure N wry aullcozcd rsftltar and V c Seri C4 er_^ CcntNny may bo athxcd by fmz. rte Eo.~ . ! Nr+Ptvvrr d Atka neF' or Cer'tMntK,rt +I rvr*~t aurtwX Zra h,° e.?a,IFrI hr1 rw:n:,ry of any fond, Wnkutakrty rbcpvti,„tft- ' 07k'r $1.14 r!• up ot^,y3iorls M Vxl CC'rrtl an/, YXI ulfh S Vtre and ',C31 0""-! so lend sha$ txr:e Itte same face and c•Yn7.;• ; 4 r , 'hr,,,x r m"4w-Vy h,ed r In Wk n;S 1Vt. (rf, L404CHANTS BON04NG C01`4PR4 lklutuyl haS r..r,s;a} C,ese ptrsenL I0 be sq fed by as Vick F ~ RS'15CiIt Ax" E t1 rw Vice Ptesxk+x wx, as wgola'e scat to Ln hero affIX",i, tors tst day of Ju uvy A. D.: 1990 • ,.1.7 Aftcil MEP.CF4LVTS Br Y 1*4ulueq ' r x+afx~ crY:u•AN , r+ S.1 n,.ka _ iSF.K.M ~~RI i. 1.• I 4 5TA'fE OF IOWA Y W.7YI'/Uf POLK r, •.bd 1.•,a0• day Jar+wVy 1990 er io a me ?9eaT On Vvs 161 d M J Lonq aw fiofiey O~+ss iii, to me perulriaQy>`trw i. wow) being Dy n•R dilly 5wom d,d ,Ay that they are VKv H•es+denF and fACVglt.Y" PrSK'f•Yanf,, .t` u r y rltSpFU<r.EFy OF)trb M£RCFiAN1$ BOfgDJYG Ct7MPAf'IV IA'L.tuifl StM: r-r''L'C'ai:: n descrlprtd n rht IOr A901nQ jfyltuhfVli and trot fr 1 aifute6 to tr'e cacf atstrJ,ttexV K the Corporate $(.w of ft sa%d CAA poratcxt nnJ Shi: the aaut 115tnXren3. was sxJneC and seared on 5erat d, • r• ' + r aa0 Co prna4sl by i3FttaIy of Ra Bwn] d D.ecrors Y r r Y r` N t ,F. + r • N Testrnor y WhorttJ, ! f,a.'e rtes 0UM Sc'r my hand Ar4 ab.,?d my `Ylkwo Sea!. at Vne GCy 1l C?os ESOmes, Iowa ft 04Y mid year F A • , above Vrndal. ' -t I A ♦ t ,L v I,>r ; ( k I rr , ~~G BRVyd L1~/[~~~ ••~t IOWA A } 1 m yr cn .,.s,• r., a 0 EP SWE OF i0W4 } \ r4R1 At 5 COr:NTY OF F•OLF( ' ' • • • • • I, f,1 J LlarxJ Vrv, Prc yyenl d the fRERC;tiAN fS L90ri0~NG COMPA?iv IMd'ualy, do ht+eoy torefy Rtat V* aLAve and 4 i krc or" s a hvn 'oj,j x11 !t clay d low W)WFR ()F ATFLHNEV FxeCUk'd by sad HEXRM11S PCWLsI!iC J t+ C(YI,IP'1Ny INkIt1Yy1, W+wh 6$lli in ltr,'o 3til cDFVtid ,1••• ~ S,ti 4 ' 1 M W uk,% Y&e eol I haw '411¢tYl10 set my hard and alr+ed Cc V.j a Dv> CCrt10a~•y. at •L'o'1/ fy l A• srJ ehs 1St nay ~ May ty 90 ~•epo: pi' PO,g9 y' , I Y r 1 't i V December 31, 1990 t,r 111 y~•~ /J`i//Y: POVrer 0+110rrey exores b0; Q. t '_~~._~..,_.~.~_~~..w...vur~'wVnwf.r!Ia:a}.,.,c;Mn.r~.:.r,.1 " r.. n. ..Y.. ' .....we.xa y'Mt•~ALMFW"~. a,n.~.~wr'PNy • I 1 y r ~'7 1 t { CITY OF D£NTON i INSURANCE MINIMUM REQUIREMENTS I S INSU E% Fri.,.. obligations Without limiting any of the ,her or liabilities o the Contractor, the Contractor siallhasobeen complete d/delivered the contracted work and/or mater the minimum insurance ; and accepted by the City of Denton, Owner, coverage as indicated hereinafter. 3 the Satisfactory certificate(s) of insurance s any be file ud n with work cOn8tt The Purchasing Department prior to starting or activities certificate(s) to estate that ethirty on k days advance Contracts written notice will be given to the Owner before any policy covered The bid number and title of the thereby is changed or cancelled. project should be in policies +as man t addition 1 namedn insured. alTo be listed on all avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be g+venj o The City of Denton shall be an additional named insured on all policies. 1 1 1. WORKMEN'S COMPENSATION AND EKPLOYER'S LIABILITY. This insurance shall protect the Contractor against alaws. ll claims under applicable state workmcotected P againstn claims for Contractor shall also be protected i injury, disease, or death of employees, which, for any eason, may not fall within the provisions of a workmen's r , compensation law. 1 The liability limits shall not be less than: r workmen's Compensation - Statutory o Employer's Liability - Statutory .r This•'.insurance, shall 3 II. COMPREHENSIVE AUTOMOSILB LIABILITY. be written in comprehensive form -and 'shall protect the ty in of othjuries•ZOaria g r° contractor against all claims for, others in from iinq fro the;pubiic.and damage to proper` the use of moron vehicles licensed for, highway + J are owned, nonowned, or hired: Y whetter they v The liability limits shall not be leas than: o combined single limit of $500 000.00 r shall be'R This insurance ` III. COMPREHENSIVE GENERAL LIABILITY. written in comprehensive c laims arising from injuries,' to contractor against of others members of the public or damage to property arising out of any act or omission of the Contractor or ; f ' his agents, employees or subcontractors. 3 CI'_ 1 } S r rH To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the owner and its employees, in the name of the City. of Denton," for. liability that may be imposed arising out of the work being performed by the Contractor. This also includes. liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible' for i obtaining it at his expense. The liability limits shall not be less than: o combined single limit of $5001000.00 INSURANCE SUMMARY: l-f , ,y . The Contract shall provide insurance to cover operating ;hazards during the period of placing the facility in operation and during t testing, and until such time as the facilities are completed and. accepted for operation, by the Owner and written 'notice of that fact has been issued by the Owner. Approval of the insurance-by t the ,Ohe'Contractor hereunder., twner shall not in any way relieve or decrease the. liability :2 • Owner Boas not in areunder. it is expressly understood,that the any way represent that the specified,; lints of. i liability or coverage or policy forms are sufficient or adequate to 'protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate 'of insurance' indicating that all of the above policies and the,'.appropciate; limits are indeed enforced.. The'certiffcate shall also indicate be given at 1east thirty (30) ^ days wr ' te t 'n L, 1 ,1 notice d Owner cane 1 will e lotion, non -renewal, or material' change of the, 'required thdt'the insurance coverage. All responsibility for payment of % any, tuns resulting from any deductible provisions, corridor self-induced retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance, certificates and so notified the Contractor directly in writing.` Any notice to proceed that is issued shall be subject to such t approval by the Owner. w CI - 2 1 , i S 4r _ s NEW l I nr. DUCE i E cui tr CI i 1 alb of Wotan Rahrence: kne {7y 1 6114 AI of AI { Project Msln: leet woe I 1 Pro { ± prI Lotatlon: 1 I 1 P"r4 { 1 1 Mang n9 Cowre9l: { IIta,Pa+ltes Afford'" II 1 1 { i { and Address of tASrrlds . { were I Je l~ 1 t y Photo 1 { 1A fora at this ties. 1 MYe bW Wad &ad ate Ncies of Sasnrsna itsted Ella + { fh1$' 1s to certify test Pe E,Plratlen malts. of L1Jli tY l I {C y 1 to a 1/ 11 wu~Eer 1 { rr W-1 ter { 1 ~ ~ 'I 1 { 1 1 -i 'I t Cp~Kestw,2 H~►iltb ` { 1edlSy iallry { 1 . aeIrrAntd, verse) 1 i we 1 { { e tits f { { ProPlrb 04 1 galas 1 S i a , ` 1 l t#'oed Fom to tot , 4 I { = ►roelslel*Oratioe}. { I W11y i„yuy and /roplrb fret s l cgiESAed { ( e toe for oes I I . trod ~ ~Ptltb opsrlN { 1 { , s PenoaEl.IKj%4 1 rerersel I i 1 I 3 . c ractoN tl~Eill,ty IsN + y I { and Collapse wa=ard i { 1 I . £glosieA. { t 1 G d tl~z+r~ wear LIaE teVert 4e 1 1 P: ` I 1 S 111 i 1 • t 1 { 1 «.:.».•.--/.:..1 Sabllity ("t t3-rwlel) I Fire L"I r00&9@ 1.:.- -1.... I ropeb 4 ~1 I-I So "d ~a•M P••M•I/7//.N.../N••/.• •~/•/NI//N..M I { 1. } I 4 t, 1 La/N_•W - 1 ortaelo+s { 1 '1~ 1 'Prolfssla+i Errorsl { { 1 l r I 1. ..oeenmMee 4eM ft/rowru) l I t Mimes, 1 ~x f{ 1 Y elaler ~ ~ . 1 1 rgdl y ~ { ~~y,, ~ I ~ ~siy tA~lnJAceldlA! ' ~ l 1aetre Artodlle 1 h l i'' 9asy9e ~ , .r,. n { t1a1511t1! { I 1 Pr'oP!rt1..':.•.. N NN.•/Y1//N. ~ .r y 1: 1 l O"44 Leased hutaoollo 1 1 1 eodilr iRj, ,Jproplrfil' ` I ,,.a,nea wto.oeilea { ; I will a te.iEtned 1 { s IlIred AutorabIles 1 41 1 1 1 I j Statetory 1!esrnt ?a 1 { , ; { I { att,~t 1 • Yert~rs' CapentatteA'end ' i s ' 1 ~!eyen' LiJ1l1b 1 ` 1 1 1 { 1 { alas iasrraro+ 1 I 1 CL-3 1. E t Owl f Y T. ~ I CEATIFICATE OF INSURANCE I CITY OF DEXTON t I ' , ;I I I City of Deatoe Rofereece: { New and Address of Agency ; I Project Naoe: I Project No: Phone I Project Locations 4~ J l~naginy Deft: , ' I IN«••N••••«• • N•«N••Nw•w 1 Mme and Address of Iasored: I Cow"I" Aifordi" Cererap: l i I IA Phone E C I This is to certify that policies of ieswrace listed below Mare be" isswd and aro to force at this time n. I Expiration Lisr_1ts of Liability ICoeyasy 3~+'" 1t t Tree o! tawrance PaNcr llurber Date In lihooE4hiS t80p1 4 , i I { ` ,Coshprdreslhr* Gmeal,Liabillty I l l l ' bite:. Occur, 0 1 i! 3 f I . t ms Made (see I2-reverse) Bodily injery I r. I I 1 ~ { y _ I { Iroad Fels to lselode: Property A"" I ( i -~prosises/Operatioos ( I i i lndependuht Costractors i { E bodily inlarjr and Prop~rb ! a l l p, is/Coaleted Operacioas I j Dan" eoatnea i; S I I . Coatrattaal Liability (Ste fl-rerustl } I [gloston and Collapse Ward I I I I i .l t I l UMft"rftnd Hazard 1.1 l Liab1 ty crags I I i n~ ib-nrersel . aetl,ib {SN r r., - F( ± [ ! Broad na LProlerty,'hu e•' I I I I .I i N M.N i••N••«N•• } . I •V•• N•u V.. 4. siOnal Er'rbi't~• ..NN i - Prel *(Osihisions l E l ! i ( r .°,a~ t~ _ I =1 •clatar arde tsee tt-rereru 4,2 ! II I I q Bodily lnjnryfloned E 4 ~ ~ { (;p~AMSl Artaro611e i l E 1 1 rally Iofw7ilA&ideif !i if aillti 3 I ,I I ~ 1 I I I •M • •l,•.• •a •iNN • N tasty Autosoblles i I I '`0" ty 0*0 { I . oraod Aetosobila sire! Autowbltes I ! I /Daily loJury/trooerv i i { f Daeage Cab l ae8 } ; 1 I Mortars' eoavesutia'aad I I j Statutory Aenonnt E I i E"layd"I Liability i I 1 each aceideet 1 e I `I Daher IesN~anee I ~ I --~-~na01R; i i E c CONDITIONS r ~ ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) NOTICE OF CANCELLATION: Prior to any material change or cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. J 1. CONTRACTURAL COVERAGE: (Liability assumed by ,contract or agreement, and would not otherwise exist.) The -'uran a reverse side contractual liability ability Certificate requirement shown of Insurance under Comprehensive General Liability, must include a r` definition of coverage broad enough to provide coverage for obligations assumed by the contractor in: the r{ referenced contract. This Certificate of Insurance is provided as required by the governing contract. ' s 2. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following Formulae Continuous, coverage for the life of the contract,, plus] one year and a extended discover period for warranty pe" f.i (5) years which provide shall begin- coverage at for the thew end ofn the warrants + period. y ,it4< 31FIRE LEGAL LIABILITY:: (Required in all contracts that involve the 'o'ccupancy; construction 'or alteYil", of City-owned or-;'leased facilities.) Insur'ance is to' ' x { cover buildings',; contents (where appi;icbble) a d y, peroanently installed equipment with Cespeo! o' E' property damage to, structures or'port ions of structura% if such damage is caused by the peril of fire d due to the operations of the contractor. Libiit of liability is to be a minimum of $5000000. r i . 1 Y C1 `t}1, 1 I: , 1 ssuE DATE pwowrr~ FF j INSURANCE 5/14/90 Pa000CER TMS CERTIFICATE IS ISSUED AS A MATTER OF INF=44TIO N 04LY AND OM M f NO RIOHTS UPON THE CERTIFICATE HOLDER. THIS CLATIFlCATE DOES HOT AMEND, EXTEND OR ALTER THE COVERAC41 AFFOPOED BY THE POU = BELOW. (++s•a• DENTON INSURANCE CENTER INC i P 0 DRAWER C COMPANIES AFFORDING COVERAGE DENTON TX 76^20! LETTER A HOUSTON GENERAL ` COMPANY MIRED LETTER a HOUSTON GENERAL { 1 t DOMP LARRY MANNING INC laY C 821 ICINGS ROW - DENTON TX 76201 LETTER L eR~ E HOUSTON GENERAL COVERAGES THIS Is TO WPITOY TWIT POLICIES OF INSURANCE LISTED BELOW HAVE SEW ISSUED TO THE SESURED NAPE D ABOVE FOR THE POLICY PEROO NDICATED 1 NOTWITHSTANDING ANY F"Jf*MENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TD WHICH TM CERf i1CATE wtt BE ISSUED OR MAY PEATAK THE NSUIIMN)E AFFORDED BY THE POLICES DESCWSEO HFAEIE 0 KWACT TO ALL THE TEAMS, EXCLUSIONS AND 001E4 TIONS OP SUCH POLICIES. 10 TYPE OF NSI1iEA1ICE POLICY NUMBER P0.C EfRCIAE P%cY DmIM rim Lt DINE "mrl n DITE*"my I ALL L"113 N THOUSANDS GENERAL wBAJTT J T 3 7 24 19 GHEE 140VATE COMMERCIAL MKIIIAL LMBIIITY _ ++IOOUtrsaaPas 04111311% ASS+sE.IrE . NATOM04111311% IWIIY iI alvEASlea Elmamou * BINDER 5/09/90 5/09/91 EtaoauaEYCe 500 r 500 CSL ~f rPE w►ra wrT aR roll uLIIM iIKIM ^Y Phi 11p5w e 3 AUTOANOBIE LIABILITY II.~I. 24/90 OIL S ANYAUTD 500 ALL Nwo AUTOS ~ HiEQ ADIOS Balr i A1os M~J~NDI~dE~0y ~f~ 'J GQm U11pL11 y l~ ' "ty 1 EXCESSLMBRITY I f,o~ Noatioat a n OOttMKK! 4. - . tqI 1 ODEII THAN IIJBAFLLA FOTi1 2 57247 TO 5/;441 Y STATUTORY ; . WORKIL"' COMPENSATION - - - ; . r EMPLOYEIIS' LIABILITY p6FAt[J'QJCI EASLI . } y1 r 100 OTHER i I I pITf1SEEAO1pMLOR4 - . 1 c ISiIF I , ,t See Below I . , DESCRIPTION OF OPEMTV41 LOCATIONS IYEMCCLESI RES TACTIONSI SPECIAL ITEMS I :'h CERTIF3CATE HOLDER IS HERESY SHrWN AS ADDITIONAL NAMED INSURED * OWNERS 6 CONTRACTORS PROTECTIVE - CITY OF DENTON f II f f 1 SHOULD ANY OF THE ABOVE DESCI48ED POLXXS BE CAIECELLEO BEFORE THE IZ PUEATrON DATE THEAEOF. THE NSSUSIO COMPANY WILL CfIDEAVOR TO CITY OF DENTON ►IAL ~b GAYS WRITTEN NOTICE TO THE CERTIFICATE HOIOEA NAMED TO THE ATTN TOM SHAW LEFT. BUT FALUAE TO MAIL SUCK IIOTICE {HALL IMPOSE ILO COIDATON OR i 701 R TEXAS STREET LIAMITY OF ANY KJIJD UPON IRE COWANNY, TfS AGENTS OR REPRESENTATIVE!. i DENTON TX 76201 AUiHMZEDREPRESENTATnrE - k Al NAMES M WATBON A I~~~'~YI~r~lY.YiM~Y/~.rIf.YN~ww'Y4,as'•~M~v+...,.~N.~YUa ~...:-..r ~+...w.~ ..~.r r j I' ti BID 11u80 111 ; BID SUMMARY FvarR a . TOTAL BID PRICE IN WORDS. Jim l1. wlrz i.l SlY~ t.~1~~y.eY i t In the event of the award of a contract to the undersigr,ed,'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. '\r It is understood that the work proposed 'to be, done 'shall be accepted, when fully completed and finished in accoidance'with the plans and specifications, to the satisfacti,on'•,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 r each item listed, in. this i proposal, shall control over extensions. b C0NTRACT f ~J E ' i ~Street A d d8C an State Seal i Authoriaation~"~~'~! (If a Corporation) ( Telephone t i B y.. r t • r \ l i i ' it k WORK DAYS 10_ h , BID NO, 16,$Q e--^' Po No. } r nr malone Street Concrete stock BID TABULATION SHEET DESCRIPTION AN7ITY UNIT UNIT PRICE TOTAL j ITEM I I } l Ep¢ LS lj~ ! 1.21 I Contractors Nattantiea I I I I 1 8 Z A l Concrete Curb i Gutter { 1175 ; L F i S I , 6.3.A-1 I Concrete Sidewalk { 375 I S.P. I s ' / 'I S t~:~~ } 3 I EA I s .~Ch G 803.A 2 I Sidewalk Aaape } I } 7o I s r 1 I s cy , I I 4i~ { E I I • B I coot I Sy tete Dtiveway I I I a7 3 I S ~0 I I I s I,. } ~ 3r I I , +i I I I, I I s: I'; I I ~ 1 I I . I` S 1 1 1j1r I I ~ I $ , , IV % ul I I I I s I; a'; , P _ 3 43 F BID 108Q i r _it PROPOSAL TO r .•S w l THE CITY OF DENTON, ,TEXAS { x, I T FOR THE CONSTRUCTION 'OF KALONE STREET CONCRETE WORK DENTON, TEXAS l q~f The undersigned, as bidder,, declares that' the only person or parties interested in this proposal, as principals are those: ; named herein, that this proposal is sade:without',collusion with, ' ' .4 . any 'other person, firm or corporation; that he has. carefully examined the form of contract, Notice'to Bidders, !specifications r r •and' the-, plans therein referred to, and has caretull examined of the the locations, conditions, and classes of materials .;.proposed work, and agrees that he will-provide allithe -necessary; labormachinery, tools, apparatus, :and other items :incidental 1 to -conatruction, and will do all the :work land furnish all the"'k materials called for in the contract! and specifications in the AN manner' prescribed herein and according to the requirements of f the City as therein set forth. ! R { ' _ F It is, understood that the following "quantities of work to' be j done at unit ' prices are approximate' only, and°karer` intended principally to serve ar a guide in evaluating bids.,1 It ntities otwork`to bs-ly~done at un ' t br". is agreed that the qua , i prices and material to be furnished may be increased or dim nished ..,as may be considered necessary, in'r~i the ;opinion titsy~~ ) of `the City, to complete the work( fully as'-,?pianned ; nod Conte `plated,', and that all: quantities;'of r.wogk whether noreased tr or decre6$e3 ate' to be perforned; at+~theunit `prices set fo'tth' below except'as provided for in the specifications.`~ it is further agreed that lump sum price's !may be .increase, to cover additional work ordered by the-Cityt'but not, shown on the plans or required by the specifications,-in accordance with the,"--,, provisions to the General Conditions.' II- Similarly ,a they may be r ' ".'decreased to cover deletion of work soordered. AV 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 v.4~ sheet. .x i.. a Y. 1 i i CITY COUNCIL: 11 S ~ F } l y5 ` a` t by t t . w~ r ~ 1 , ` O Yt. I t 1 ~ r- r 1 ' ~ t ~ i r E 2886E r THE STATE OF TEXAS § AGREEMENT BETWEEN THE { E N AND COUNTY OF DENTON The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, together with James B. Nichols, P. 0. Box 15637, Fort Worth, Texas 76119, hereinafter called Consultant, hereby mutually agree as follows: t 1. DEFINITIONS: A. "Keyed Examination", as used herein shall mean a written examination containing the text of the ques- tions, source and page from which the questions are r written, and the correct answers, r^; B. Reproduction Original", as used herein shall mean a final corrected copy of the written examination con- twining only the text of the questions, printed and .fi formatted in such a fashion and of such quality that pphaocopies made of same will be suitable for distri- F i but''.on to examinees without modification. 20 SERVII:ES TO BE PERFORMED: City hereby retains Consultant to perform the hereinafter es gnated services and Consultant - agrees to perform the following services as provided below and in s" k~ Attachment A: t 7 r A. Develop and `provide one written examination with 100 multiple-choice questions for the position of Fire Captain of the City of Denton, Texas. B. Develop and provide one written examination with 100 questions for the position- of Fire , multiple-choice iBattalion Chief of the City of Denton Texas. C. Developp and provide one written examination with 150 oultiple-choice questions for the position of Fire Department Driver of the City of Denton, Texas. D. These services shall include: 1. writing questions for each exam; 24 making revisions as directed by the City for each exam; Y 1 r ~ j ~~__..-.....____'-..~...usw.+.war.:i.a~..,s....1w.rri.l.cwr~aw~v...,,.......~.....~....................----•. . l l r rn 1 3. writing replacement questions as needed, up to 10 replacement questions for each exam- 4. printing a preliminary keyed examination for each exam; and ' S. printing a final keyed examination and reproduction original for each exam. i E. questions for all examinations shall test comprehension 1 of the source materials identified in Attachment B. F. Additional Responsibilities of Consultant 1. Consultant will take all reasonable steps to assure that questions and answers are correct, of high quality and drafted in accordance with professional guidelines. 2. Consultant will maintain securit7 of test materials at all times while in Consultant a possession. 3. Consultant will notify City of events which may affect outcome of project in a timely manner. 4. Consultant is responsible for all of his own costs, ?h'! i including but not limited to mailing, shipping and ' telephone charges. t: 3. COMPENSATION TO BE PAID CONSULTANT: City agrees to pay Consultant or the services performed ereun er as follows: ; A. Amount of Payment for Services: 1. Five Hundred Dollars ($500) for each of the three examinations, 2. Seven to r hundred ift fifty dollars (#750) per examination t p ovide defense of examination items, represen- 1`E tation is challenge proceedings and expert testiaon i~ and preQaratioa thereof as to examination's facia 3 validity, if aame is necessary. B. Payment Stipulations: C{ 1. The City will be invoiced upon delivery of each final keyed examination and reproduction original, and shall make payment within 30 days of final =i acceptance. St 2. Replacement items in excess of 10 items, addi- tional printings of keyed or reproduction original examinations, and mail or shipping charges for PACE 2~ ,'1; ~l ~ S~-''~~_ ri.r~lw.~.N«n,..,,w...ar.r..v .~.a...........a.~- - .•w.rq.Cypyyy,y-.~,+ i gxxe ~ these additional services are not included in the } fee set forth in A.1. t 3. If required to provide defense, erasramhny~.Aa2a representation as specified in p 8 P above, City will be invoiced for such services upon completion in an amount not to exceed $750 per challenged examination. .f. C, Tine for Performance: Consultant shall observe the following deadlines for performance of his services: Delivery of Delivery of Final Preliminary Delivery Of Keyed Exam and KeyP_ a Exam Revisions Reproduction Original Completed Completed Captain Completed _ Driver March 1, 1990 !larch 16, 1990 April 16, 1990 z Battalion Ha 1, 1990 Nay 22, ]990 June 1S, ]990 ' . Chief Y D. Place of Performance: Consultant shall deliver or cause to be delivered all. exam materiels to the City of Denton Personnel Department, 324 East McKinney, Denton, Texas 76201. w 4. SUPERVISION AND CONTROL BY CITY. it to It tualthat nCon- i ptood an agree y an etween ty ' ltaat is, an inde endent Contractor and shall not be deemed to be rr, au or' considered an eeployee of the CitB ial Dsecurity taxesf o vacs- t , ur ses of incoae tax, withholding, j tioror sick leave benefits, workers compensation,, or any other j shall have supervision and con- `~t'.t ; , City employee benefit . The Citp ,4 " trot of Cony rstood athat nConsultant shal !perform then services expressly un ~ ~ hereunder at the direction of sad to the satisfaction of th'e City Manager of the City of Denton or his designee under this agreement. 5. PROPERTY reement shallhbecome then nontexclusiv eproperty pursuant to th s agConsultant retains no copyright or other in the City. hts to the exams generated. Consultant intellectual property rigive release, sell, or otherwise divulge agrees not to knowingly g , any information relating tt an except t s sp ccified under t e terms either directly or indirectly, of thin agreement. Consultant understands that tha City has the Z' f right to reproduce or re-use any exam in whole or in part without k ~~144_ PAGE 3 ~ ....i.n..r...a+ww'.ui.r.'w~1»f..c...~t:•:..:~wy ~,a.-H:. ......:..~v..r:.wr.. ut:Mnn.wM.wv~.cuwl..aL►,ry 1, FF k~~'tt r, ?iS 2 E ation to Consultant. any additional conPens paying RCE OF FUND psS: All Payioents to Coaaulta under this 5, SOU to by the City frov funds appropriated agreement are purposes in the Budget Of the City of x the City Council fa or such Denton. wn and ; Consultant shall provide, at hi ins ance, and 70 INSURANCE liability ex ease, wor era compensation instuoanpiotect Consultant in the all other insurance necessary operation of Consultant's business* agree ll g,enINDEMIIIFICATION: of Denton from any and Consultant aheil and does hereby indn y an o armless the kCit ind whatsoever, by reason of to or liability of any any error, damages, loss or third persons occasioned by ents, injury to IN roperty his officers. ag omission or negligent act of Consultant, and legally , invitees, and other persons for whom he is Dents with regard to the performance of this Agre r employees protect the liable, d ~l t ex and emands& Consultant will, at his coandaall sucpenses h claims f 5 City of Denton against any and Consultant reserve the rparty ight ten t 9. CANCELLATION. City time by giving the other this A , cancel t e greement at any rea- (10) days written notice of its intention to cancel this A8 i s sent. y _ This agreement shall be governed f 10. CHOICE OF LAW AND VENUE _ exsa, and venue for its construction Texas. and 'y b law o t o tale o f7 enforcement shall lie in the courts of Denton Countq, subsection, ILITY CLAUSE: If any section, a}.. 11. SEVERAB prase or word in this agreement,. or , PAT raph, sentence, c Buse, P shall not a lication t hereof to any person or circumuch holding shall invalid by any court of competent jurisdiction, portions of this.agreessent, P s of the remaining P Would have enacted such. affect .'s ' the validity o hereby declare they x~. f yid } and the parties remaining portions despite any such invalidity. This Agreement shall commence upon r 12 TERM OF CONTRACT: on the completion of the project: r execution o pro ect, an end up 4 1990. EXECUTED this J day of Ty OF N, TEXAS BY. t LLOYD LL, CITY MANA ,f J PAGE 4~ J -..,k tit 00 w t ATTEST: VALTERS, CITY SECRETARY 1 ' JENNIFER APPROD AS TO LEGAL FORM ~y VE DEBRA ADAKI DRAYOVITCH, CITY ATTORNEY BY: CONSULTANT BY: y ht Rlinck, is hereby designatedas the person to That 't'hoaes V. .c, administer the provisions of this agreement. W -.c y ,y A, t 4> 4 t ~ yU x , t ~S y:fit f •rc1 PAGE 5 4 i r Y ♦ Ir vwr•....r.'..w,~r.rww-wtiw.iwW yrw~...c _s. r.r.~rc~yy t W` L' w ]Cf f ` l f l t -F. ~r V PERSONNEL MANAGEMENT ATTACHMENT A PROMOTIONAL TESTING C11 JAMES B. NICHOLS SURVEY OF EXAMINATION AREAS i CATEGORY OF POSITION TECHNICAL SUPERVISION, ADMINISTRATION TACTICAL AND CITY PERSONNEL POLICIES AND PROCEDURES Driver/Engineer 80% 20% Captain 75% 25% Battalion/District Section Chief 50% 50% BATTALION DRIVER CAPTAIN CHIEF EXAMINATION E QUESTIONS 150 100 100 COPIES OF TEST 25 33 20 x - FORMAT - TYPE OF QUESTIONS: Multiple choice with five answers for each test question. j J P. 2886L-6 . i! L { i "~.~[i.7lCi'/ASy M~RI.MiWMM.~~Vr~ft e:rllfri. Ai'IhV i~'`-•s.:........ w...n.~..,s......~.-r uww.+.,.w.w~~.w rw.yµK~- . r r f x F' , h •t , 1 a~~ s Von ' Personnel Management ' Testing and Evaluation Page 2 r.n..~ POSITIONS SUBJECT AREAS BATTALION i DRIVER CAPTAIN CHIEF i Fire Classification x X X g Thermodynamics Exting Agents x x x X f Fuel Loading x X X Firu Flow Building Constr X X Structural Failure :i Deployment X Strat Priority x X Hydraulics X X Pump Operation i Pump Maintenance - Relief/Governor Operation ly Analysis Water Supp Xtf multi-Alarm X'_ Mutual Aid x % fy x ICS.-Cad x {i 5 ! t; Emergency Proc Large Scale Police x X X Hazardous Mat X X Communications Procd-Frequency x X X Report Writing (City) / . X X "f Report F.D. X FDP&P X X X F EMT Info x k, 2aSOL-7 lot 1 ~ 1 i ATTACHMENT B f asy.r. SOURCE MATERIALS - FIRE PROMOTIONAL EXAMS i . ` Driver: 1. DFD SOP - date effective as of the 91st day before the date a ! promotional exam is held 2. IFSTA 105, Fire Stream Practices, 6th Ed. 3. IFSTA 1069 re aratus Practices, 6th Ed. 4. IFSTA 205, Water Supplies or re Protection, 4th Ed. j 5. IFSTA 1031 Fire Hose Practices, t . 6. Emergency Care an Transportation of the Sick and Injured, 4th 7. Driver Class handouts - date effective as of the 91st day before the date a promotional exam is held Captain: 1. DFD SOP - date effective as of the 91st day before the date a promotional exam is held 2. Civil Service and Departmental Rules and Regulations - date effective as of the 91st day before the date a promotional exam is held 3. Fire Command, Brunacini, 1985 4. re Department Mana esent; Scope and Method, Gratz, 1972 5. Class handouts - ate a ect ve as o the 91st day before the date a promotional exam is held +4 6. Em to ee Performance Evaluations, Gerspach, 1988 1. re artment Company officer, IFSTA, First Edition 8. Emergency are an Transportation of the Sick and Injured, 4th Ed. 9. Chapter 143, Local Government Code, as amended 11 } Battalion Chief; 1. Items 1-6 under Captain 2. Build in Construction for the Fire Service, 2nd Ed., Branigan 3. ana n re erv ces, n ICKA 4. re roun Tactics, reid, 1972 5, apter 143, Local Government Code, as amended ' 6. Leaders, Bennis & Nanus, 1st Ed., 1985 2886L r. - 1 i ~11 FF f S f 1 CITY r COUNCIL i i 0,0 I 1 O a 1 s 0 1 _ 10 Q Q .'J COGGOI~ ]till {r ~1 + l c 7. Y~1 ~ r • I i r. YI t i f,o Frio) 3 C, 4 Al 1 ti THE STATE OF TEXAS S { AGREEMENT BETWEEN CITY OF DENTON rth COUNTY OF DENTON AND No exas'Prenter ` ASSOCIATION , s Tais Agreement, made and entered this 30 i } 19 90 day of January S by and between the City of Denton, a municipal corporation, t hereinafter referred to as 'CITY' and - hereinafter referred to as Nnrr1TpYAQ prps+lp c 'ASSOCIATIO.. r ~ WITNESSETH: WHEREAS, the CITY owns certain soccer fields located at Mack Park Denton County, exasj in Denton, WHEREAS, the ASSOCIATION desires to use the soccer fields located at Mack Park t playing fo the purpose o practices) an games and conducting rightH toEASP thAT ONYto sutilizewilling thto grant such ASSOC privilege and 'i at k P rk soccer fields located hereina ter state to be opt ender the terms an ccndltions i parties; performed by and between the NOW, THEREFORE, in consideration of the mutual undertakings, agreements and covenants hereinafter set forth, the to agree as follows: parties here- I CITY hereby grants unto the ASSOCIATION the nonexclusive right and privilege to use ck Park soccer field a public park within the City of Denton, or cne use of pcactices commencing Februar 18 19 90 games and ing es _May 13 , 19 .90 , n accordance with the schedand nd on uleeof games aAd pcactices, a copy of which is included as Exhibit •AG, attached and made a part hereof. II. INSURANCE s 1. ASSOCIATION, at its own expense, shall obtain and keep in r force during the term of this agreement ! as will protect and defend ASSOCIATION andiCITYafromt allsclaims for damages to property and persons, and such insurance shall carry the City of Denton as an additional insured, 1The , s , i 1 1'R/\ owl I 1{1 l insurance shall protect CITY from and against all liability for claims arising out of or in connection with ASSOCIATION'S use and occupation of the premises. ; Such insurance shall De issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $300,000 - Combined Public Liability Single Limit Coveragw Pot Bodily Injury and Property Damage, On A Per Occurrence Basis All insurance policies shall be subject to the examination and approval of the Office of the Risk Manager for Denton, for their adequacy as to content, protection and named insurance company. ASSOCIATION shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by ASSOCIATION at the whichever event occurs first. in the event o aggregate insurance coverage, the insurer shall r provide to the City, in addition to the certificate of insurance, a letter from an authorized representative certifying the amount of coverage already approved on the aggregate amount as well as pending claims and the amount of such claims. ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under this Article shall be a cause for termination of this Agreement. ,.4 Insurance required by this Agreement for the CITY as addi- tional insured shall be primary insurance and not contributing » with any other insurance available to CITY under any third party liability policy. j r ASSOCIATION further agrees that vita respect to the above recfuired insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. ` C. Be provided with thirty (30) days advance notice of any material change or cancellation of the insurance s policy. i PAGE 2 t I cell. .y WL 11hCYiNiY 1.4..rr. v: v'a'. V,.I Y!"l:4 11dy(~ , T/ I I f!Ati,I t ~ ~s.. I I I • ' i INDEMNIFICATION The parties agree that ASSOCIATION shall oe deemed co oe an independent operator and not an agent or employee of the CITY a►cn respect to its acts or omissions nereinder. + ASSOCIATION agrees to indemnity and hold harmless CITY and its agents, employees and representatives from and against all z liability for any and all claims, suits, demands, and/or actions arising from or based upon any acts on the part of ASSOCIATION, i its agents, representatives, employees, participants and visitors, which may arise out of or result from ASSOCIATION'S occupancy or use of the premises and activities conducted in connection with or incidental to this Agreement, regardless of whether such injuries, death or damages are caused in whole or in part by the negligence of the CITY. It is the expressed intention of the parties hereto, both CITY and ASSOCIATION, that the indemnity provided for in this agreement is indemnity by ASSOCIATION to indemnify and protect CITY from the consequence of CITY'S is the sole or concurring negligence, whether the negligence or damage. cause of the injury, death This indemnity provision extends to any and all such claims, suits, demands or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judgments, costar reasonable attorney fees and expenses. This Indemnity provision shall apply regardless of the nature of the - injury or harm alleged and whether such claims are alleged at common law, statutory, or constitutional. This indemnity whether the basis for the claim, suit, provision shall apply demand and/or other oe attributable in whole or in part to the ASSOCIATION, or to any of its agents, representatives, employeest participants, patrons, and visitors. t~ Further, CITY assumes nc responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which hereafter may arise upon the promises,ASSany and OCIATIall such detects being expressly waived by ASSOCIATION. and understands that this indemnity provision shall apply to any and all-claims, suits, demands, and/or actions based upon or aris- ing from-any such claim asserted by or on behalf of ASSOCIATION or any of its members, patrons, participants, agents and employees. It is expressly understood and agreed that the CITY shall not be liable or responsible for the negligence of ASSOCIATION, its agents, representatives, patrons, participants, employees and visitors. ASSOCIATION further agrees that it shall at all tines PAGE 3 -r ' VV/ FF i ' 7 r.z.+. the safety of its agents, g exercise reasonable precautions for i ees, patrons, participants and visitors. representatives, employ PROVIDED fUA:HEQ, ASSOCIATION and ClTsuchcclagimr made gore'J the It i weer prompt and timely mortice of anY ' ,red which in any way, directly Of indirectly, conctnyencly scsca act the CITY or ASSOCIATION. affects or might aff shall be or otherwise, ffaces provision ASSOCIATION further agrees that this indemnity considered an additional remedy and not an exclusive remedy. Iva MISCELLANEOUS condition or provision contained herein i 1. in the event any is held to be invalid by a court of competent jurisdiction, the i ' such provision or condition shall in no waY f invalidity of any affect any other condition or provisions 2, Notices: Whenevei notice is required to be made under this Agreemi~ such notice shall be handtdeliveredseto and adepositedi n the sufficient postage, or U.S. mail to the following addresses: CITY OF DENTON ASSOCIATION ATTN: Carl Naylor A'r'SNs PARR C/o Paul Leslie + P 0 i s 215 East Mcx nney s „ Denton, Texas 76201 Denton x X as designate to I Or to other such addresses as the parties may each other in writing. Definition of ASSOCIATION: ASSOCIAT;0`I shall mean all employees, representatives, agents, volunteets► participants and visitors of the Association. dispute as to the terms, obligations or 4. In the event of the parties agree that venue for al lawntoc equity, shall be instituted and l:ditions owhether aine all suits, maintained in Denton County► Texas. the City, in the g, Although this agreement has been drawn by 3 event that a term or provision is shall be interpreted fairly and parties agree that this agr reasonably and not be construed more favorably for either party. r 4 ` r v. 7 PACE 4 i, , { 'd b, The officer of the Association who executes this v agreement represents and convenants that he is duly authorized to ~xxe e L execute same on behalf of Association. t I1? WITNESS XF{EREOF, the parties on this date ,Z3- 0 S j 199 , hereto have caused this instrument to a execute n duplicate. { ASSOCIATION CITY OF DENTON i ~ A 06 BY 6 BY : l[ 7 ,~~~Keyr~nv~ CITY MANAGER APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: r S1` ;w pY'1 • ~ 1 {y1r+t 4{ 1 L PAGE S 1} .r •v f. I' FF 4 I . . P. C'mm,• THE STATE OF TEXAS S i COUNTY OF DENTON S 1 :n ni,s - aay of u(th 10160 ato a men : ie once:- si;ned No:arl Piolic, pe:aonall ppeared , personally known co aye to oe the person who execute the within instrument as the Director of Parks a Recreation of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it. %WOO WITNESS my hand and official seal. RY PUBLIC, S(JATZ OF TEXAS F1 My Commission expires: f 4 t' THE STATE OF TEXAS S COUNTY OF DENTON S on 1 this _L day of , 19Q0 , DeEoce me,/ the unaer- signed Notary Public, peiso a y appease LLD✓a 4! ~lA2FCLfi , 1 personally known co me to De the person -dr,o executed the .+irain 1 ;c 4. h instrument as /tyMANAGE,e of the Association, on behalf of the Association t erein name and acknowledged to me that the Association executed it. . WITNESS my hand and official seal. a2AB8NoEuTr~tyyl J WLUAMs VATE OF TM i (%*Calm v ip.mvis.Im N TARY PUBLIC, ATE OF TEXAS w My commission expires: PACE 6 i ,F, 9 F' i s`~0'0 T U L 16 1O U S Nt9ATE R S •L: N u r .cr + Q Dc's Champs and OraQory, Inc.R io+iPOK~~z~~ol'etiTt+"!o, 1b12 Manatee Avenue Wort rEwo ALT FAT v iY Itl e1+u 6redentr'n, Florida S3506 COMPANIES AFFORDINQCOVERAOt (013) %4~1-1812 L~ A The Travelors Indemnity Co, 0" Tnuar i COt f PMJV ME u. S. (s lA l iiuR BOXER ASSN. INC, L[nEgw I hick include:. the foIlowingi 1 he NOR1E4 TEXAS STATE S. A, CLAP nd NORTH TF%AS PREMIER SOCCER A. Llrrl D LE~TTtA E 1T~J~~~ENK LIST s 0 ((T fU~M~EA~ItN~T to Ft 0 TAETOI O'qC NpE OT t711t WOMjiC L I iPftTTfRY3, EItIV Cf+O . AND COyA~ 1i0+'fOPlut•IiOIICftf. i LDfSCAI ALLTNtT M01• C . TYP; OF \:t POLICYFRIkmA 'e om ALL LK4Tt IN MLUNOf ` ti C'.SP.AI Lt1 B~LtY u~+4 +?Gk:.ll f ~ y cc~ti't4:+. '.~-S. LwLITT 8027PJSB8S-IND-133 09/01 /&3 09/01/96 pvoltl0w"' si G+~ I t.' • s r:R ~oca.~,ri .;s~;;~; i . µi ~a;i L VI+Et:'YAti1N$FPRiC.r1 t+rC~.: 1 ,T 'Q Woo 'A* AutCMOatE l1AIILITY` r MN A00 tk 1 f:~Fy~tED AVTJS '►j ~ f~ zI 15VI 4^3 ' ~ tiQTOA'dDA'~~;,i 1 i>,ccssLUlnrtY xct,,•,sr~~ "~oa:ia~i '~'+`~'L 1 r GUG+ s ` OT41 TFAN ~VW+ L4 Folr , „ N'OAKLW' COLrPEN1ATION A110 1 R,b KO:S~II t►IPLOrtas•LUeILRY ! IOdL,SiAi~[+~.', _ 1 AEE+ft4W tyr,p•tt' 0144 - - wLwT+o!+aotcP~ra~sLuc~TC~s'V[KKIFSIt~9Tll~cr,orsrs►LCiALr~,I; ertiff tote +~mberl 89N1'UOOi nsurance valid fc•r compatiticns or practicos conducted/sanctionad by tho LIOASA or its offilitltcc. Curtificate hold4r is an Additional Insurod therafors liims mu•.t ba filed with Fritz Msrth, division administrator, 201-861-6277. $HMOANTOCTNtAWYEO19ftK0POL"OkOAAICtUAOKFO+KTHEEt { PIRAT)ON CAtt THSA10f, In ISHWO COMPANY WILL INDEAYOR TO MAIL3O vArs WMTTE+I NOTKt TO Ttr! CERTaIcATI MOLDlA kAMeo TO rut CITY OF DENTON, PARKS G REC. LEFT, NIT PARL4 TO NAIL UCA kOT" PALL WOU kO ORIOATION OR , a t in JOY HERSN Itn+o V+o tH11MANV, III AW110A R6►A1l1NTATft& 213 Ps YC KIN,NE Y rq+ldl rPL6EMA tvE ( ' DENTON TX 76201 Thoms% R. Hayes m- lot ~i/Y►1tF.~~11~Y+1 '1111 f.`a-~:.'t"~"4jX I N4!:.!.s!i~ F. -DIVISION 30E SPRING 1950 JIMMI£ LITTLE - 255-0624x COLOR FIELDS ! t f. 1. DENTON GENERATORS WHITE A. WINTERS #4 f B. WINTERS # 2. THE FORCE GREEN C. AUDOBON 02 j` D. HOBBY 08 3. ROYAL UNITED YELLOW E DENTON-HACK PARK F. . FORD #1-ALLEN 4. MANCHESTER EXPRESS GREEN/WHT G. HIGHPOINT se 5. GLIDERS f H. HIGHPOINT 05 ROYAL BLUE I. HIGHPOINT rig 6. ALLEN SPRINT BLUE/WHT f Y, 7. FLYERS SILVER 8. GENESIS f WHITE 'f THE FIRST TEAM NUMBER L DON THE SCHEDULE IS THE HOME TEAM. TIME ^/18 2/25 3/4 3/11 3/18 i - { -g B 4-3 A 4-3 B 8-5 B 4-7 1:30 D 2-6 F 6-5 D 2-3 8 1- I 7-g E =8 . ` A A. 3-7 A 6-7 B 4-1 C 3-5 (E 1_3~ _ :j - 3:30 D 2-1 G kf ti' E3:30 3/25 4/1 4/22 4/29 5/g A 5-4 A 5-2 A 5-6 B 5-8 A 5-7 t> F 6-3 F 8-4 F 6-7 D 2-4 }`=s F 6-8 i ~;t• A 8-1 B 8-3 - -2 A 3-1 i,. I 7-2 H 7-1. 1_2 E 1- ~.E t 1l' `.S r • s ~ ` E ~T'yi A •'i r 11. I 1 ti' i i f71$M.~1f 4 i i CITY { COUNCIL: fir r r r~ r+ i r' r Y i Y s ty r S 't i t l 1 , ~r,n 41~r-3y. j I- i r s Jr 1 ~ +i pf • 'F • 1~ i z~ I PIG `..J C « 1 rS~•1 y Y'i.: 0~ i iFi t '1 r r~l iY1 iy F i1T", i r• ,F j ','i rr s INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS S S , r KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S } The CITY OF DENTON, TEXAS, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and hereinafter called "Contractor", hereby X11 mutually agree as follows: ~ 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to ~I perform the hereinafter designated services and Contractor agrees to perforce the following services: {1 A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay I Contractor for the services performed hereunder at a rate of ONE HUNDRED ff THIRTY AND OD/100 (:130.00) per eight (8) hour class actually taught. 3. STUDENT FEE: Contractor agrees to collect a fee from each f 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 I class. , I ! ply,. 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and Y- 4 agreed by and between City and Contractor that Contractor is an independent x 1 Contractor and shall not be deemed to be or considered an employee of the City s1,4 rt of Denton Texas for an purpose including, but not limited toincome tax withholding, social security taxes, vacation or sick leave benefits, workers f 71 compensation benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but i ' it is expressly understood that Contractor shall perform the services s' 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 • :.~i L F. + V.C,S, 4413 (29c), "The Commercial Driving School Act." 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees toj furnish to Contractor the following services and/or supplies: t (1) Location to teach Defensive Driving Course classes and ;f` materials and equipment to conduct those classes. eo~ INDEPENDENT CONTRACTOR'S AGREEMENT - RANDY NUSBAUM October 10, 1990 through September 3D, 1991 Page 2 of 2, cot" a 7. INSURANCE: Contractor shall provide, at his own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's t 5s business. 8. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' written ? . notice of its intention to cancel this Agreement. 9. TERM OF CONTRACT: This Agreement shall commence on the 10th day of October, 1990 and end on the 30th day of September, 1991. ' EXECUTED THIS day of iiaCjGszt% 1g 7v Fti tl :DENT Y OF TEXAS CITY WAkGER j r>, \ ; 'ATTEST: }!.1 j.t Fl l ~ 10! r ~ llf lif Hatt ♦~Y'~. tiJ+ 4.i~N j~. TMI (;I APPROVED AS TO LEGAL FORM: DEBRA A. ORAYOYlTCH, CITY ATTORNEY i krr F B1 CONTRACTOR: 1 4 4, t' ~r BY: a r I 5146E r ~ ti e .4h ,v k~ ~i ,n r• , t lam'. a ~ r tby,9 1~ f" ti , - - r: fit 7,~ tl y ' ` ' 1 r' ~r~ ,1 rf ,1 'r,' ~1.,~, F.~f;•Wy~-d ' .e is r{,~~Y:~' ~+}[~Qi~7'tiiY'a. r~:$rplji 11' : r r' j' tr ~3 .'r ~.U+• t. ~~r 3 ~^i r. ..TrTv.ik'P`3t~5~1f+G~.~'.I`'~Ir~,'~'~j`i3+~, i I~ EIJ41 t~ . CITY r~ COUNCIL: \ 1 01 i~ a Sir ~Q~ wrv c t y, s+ O Asti r t1- i• 2 6 4 tt. \ i y 1 l ~ f .r 1 -"I A z 1 i r I i r • CONTRACT AGREEMENT I STATE OF TEXAS 1 COUNTY OF DF2rM THIS AGREEMENT, made and entered into this 1st day of OCTORM A.D., 191L, by and between THE CITY OF DENTON of the County of, DENTON and State of Texas, acting through LI=OID V. HAARELL' tbereunto duly authorized so to do, J hereinafter termed 'OWNER,' and } 4k~ ,*fPC., R.O. SOX 810556, DALLAS, TEXAS 75381 of the City of nALTAS County of naT.TAc i and state of TEXAS , hereinafter termed •CON'PRACTOR.' 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 agrees with OWNER to commence and complete performance of 'the work. f ` specified belowt - i -_DLO /1144-JANITORIAL SERVICES, ITELlS 4.5.6.7 a 8 FOR atnt vF,~ g~(p[ ' i DATE AT ;28,987.00 PRR TFAR. of V and all extra work in connection therewith, under thetlrma as,.stated.,in the 5, ~Y General Conditiona'of the agreements and, at his (or theie).owa proper 'cost and tlsplpse to furnish all materials, supplies,. machine"iyi e9nipototi;', tdo1so, ; eerYic`er, fr~ f supirintendence, .labor,; insurance, and other AccessdciIs and necessary to complete the work specified above, in,'acoorEaace t+lkh+ thi'_ conditions and prices stated in the Proposal attached; her!loj,canQ".in 5 accordance with all the General Conditions of the Agreemeetl, I the 5peolal Conditions he Notice to Bidders (Advertisement for aids), ,Instructionq to sidderb;"- lbs des aymeal-poadar all attached hereto, and in i' -24 accordance with the plans, which includes all saps, plats, blueprints, and c CA-1 i` ~ 0114s r t ~r ~ I~N~A/~Y•yi.A.01lHarv~~.a. v..r....~......._~~-,..,._...........:+,.aw.W ~l.wVww.rwe.sw.+wr...a ~ Il ~Y Y~ f t r st a- r If i `other' drawings and printed or written erplanatocy natter thereof, and the i Specifications therefore, as prepared by BRUCE 9ENINCION SUe'ERIHTF2IDIIii OF II ~ all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status r 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 qr considered an employee th City toftDenton vacTexesf ation forsick he withholdings it. purposes of income t ax, of social Dea, leave benefits, worker's compensation, or any other City employee City shall not have supervision and control of contractor or any employee of Contractor, and It is expressly understood that Con tact r s alt perform the o the attached specifica the general t services hereunder according direction of the City Manager of the City of Denton, Texas, or his dr,aignee 1 under this agreesent. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, losa, 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 officare, agents, eaployeas, 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 olaiss and demands. j Choice of Law and Venue This agreement shall be governed by the law of the State of'texa's and 5>~ t 1 + 1 venue for its construction and enforcement shsll lie in the courts of Denton - Couatyi Texas. tAti; D agrees to commence work oa' or after the, date The CotiTR11CTOR beta Y notice to eo~edee IA! rf , stated written , ' - established ' for, the start fo in roposal', ~sub9irCt the p xork ~'•lDln the tine to ~work and complete sueb extensiond of time as are provided by !Da General and speoial Condi!lohs. The p1iNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a pact of this contract, such Payments to be subject to the General and Special Conditions of the Contraeti 1 .?7 C. -2 , i . t ~y.y C n.. d I' 4~ l IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ~i I i 1 1 Utz 0 P FT i - C OWNER Y LLOYD H A RBE ' I C (SB ) , . , ATTEST s t i u REDLEE, INC.' CONTRACTOR Y Tltle 1 (SBAL) AP R09FA AS TO FOR s t r eY 1 1 1~ ..1t1? ~ i - r , 00 CA-3 , v~ ~ I I - 1 1 L. r rY rf[l ' +l~ I .11z i ~ ~ r O11<sE, If : BFI f.,. rl i ~ ` ~ ~Jj. ~ r.. ...~.r u..~+w1.~►.+.~+..+.. _ wort 1i 7 .I i E FF I BID PROPOSALS Page of 21• )ID NOMBE`f ' City a D.ntati Texas oot•s Te:e• st, i 1140 pwd,aslny DoparMNns Canton, Texas 76201 + PRCE AMOUNT WAN f WILA4 :M DESCRIPTION ' r I a NOTE: This contract will begin OA or about October It 1990 through September 30, 1991, with a one (1) year extension under the same terms, conditionss price, att., if agreeable with both parties. M13 25• 12 mos• ~ CITY BALL (H T W Th Sun) After 10:00 p.m. y POLICE CENTER (H T W Th F S S) Hours Set By Police e Chief p.m, 12 mos. no bid Between WO P _ 12 mos. : no bid W ThEF~After CENTER 44 00 p.m. W(Sunday)n) 6:00 MARTIN ~s.a (T JR. See attached check list 2,090. i rL AN IMAL ODSTROL (H T W Th Sun) After 6:00 p.m. 12 mos. 1 SERVICE CENTER (H T W Th Sun) After 6s00 p.m.: ' Restrooms 6 12 mos. S Purchasing (H T W Th F) Batwaen 12:00 noon o 1100 p.m 1 147. I r f 12 mos. EQUIPWX SERVICES (H T,W Th Sin) After 000 p.m. 12 mos. ,084. TRAMC CONTROL (H T W Th Sun) After 5:00 p.m. 4 553. 8 12 mos. CITY ANNEL (H T S! Th Sun) Attar 5s00 p.m. •8 472. pAppR TOSiEL3/TOILET PAYER (Wh1.te Bifold Towels--Roll Paper) 12 aws. NOTES Contact either Lee Riggs or Dean Hartley atphons number (817)466-8505 for site inspections and a site addresses. •;i BID BOND A 51 Bid Bond or Certified Check in the amount of s , 2,865.60. is eocloted with this proposal, a ATTACHED PAPER PRODUCT PRICE LIST. t; I NOTES Item 1 9.does not include paper costs for "No Sid's"; TOTALS ' T j ,s "M - Y " a quote ttm above (.o b ddsrwed to DMton, Tau SNDment can be rnaea In days horn 100W of or". T« i un141141 09W0141 Indtoded, t . , IM W Denson. Tau VAOM a r tfz k 0 bid bens by y "jig be ae9eM P e4 W ned snd reluss" 1 i rhiaaonaDia period of W" ownt e a oo"Vk~ d SM Ptoppo an sal at c, REULZ MLA-11; rear ~ ,p O Sox 814556 n Dallas, TX 75381 sr.aw 1 ~ er 0 rAtlons r% an sit" r 241-7619 Vice pre9ident pe (214) r a r • 1. .r - ~ ` i a ^ i i Fn Y IX], 001 002 ' ' DLO. 7N {)Ji J^ 1 • qwt OATS PMCCO'7 AGOnn: CERTIFICATE OF INSURANCE THIS CERTW.ATE k ISSUED AS A MArr[R Cf INFOWTM ONLY AND CCHFtRa ~ i rsoovall NO MKIS"THE CEnTIfKATIE HOLDER. THIS CIRYUrICATI DoEe M07 Autm. t kxTENO OR ALTER 1HE MAPA ! AFFONOED SY THE OMMAS O14" • AFFORDING COVERAGE Agency, Inc. - , Xeystona enstal insurance COMPANIES • l,0. Box 480329 _ . Dallas, Texas 75248 i>r°rt~w A CI+A Insurance Company eves svssoes ) mM B Continental Casualty CoWnY •NUIISe ~ O Tcsneportetton Insurance Company _ ladleso Inc. . l,0. box 910556 "A D Dalleat taxes 75391 f Leas E . „v s THIS lS tO CERTIFY THAT TT! r%1 MS OF RNLI H ~ r WtOWHAVEr ~Nlc f CTK o DOOD AK" nT T~y ~ 0vowwr RIpR,A,rO,,pT,VrT1gTA„dlle ANY RlOUIRE7,TE ArTOlII)fO IV' THi POL1CIco I t6CF " CEATIFIWITS HERSW IS W PACT TOALL TIP AK M ' MAY N MAY ~ AT THAI LWars WOVHAM~ MAY OONOMONS or SUCH HAVE utN REM060 ar PAID CLAIM 1. e,sHOwN - EllavolaTee AND . _ _ _ _ ~cr wRUT.o.I I Au Llrm stum+I r • _ ' • ~ ' l Fouor M,•as>t 'DA ' ms or R,a.uROS rammw rid +,ntloonrr>' Niwi;iLi~4i;eoA~[ rii,00Q "'EEriuutiisiurr I { r ' 'ppw,ppyL•o,x" u4mu r I ' T!P 706624132 3-1-90 1-1-91 ~Q 000 , + reR•o~+x a ADVEI~Taiiia Miw'r ~ QDD,-- A X "'0-4 wO Kwd I R' coar'a iial ooai ►!o! A 1,,_ I ~ ~ 'ow,is~re • eawrw+oro,rs nwr.~ , ' Dad. , i T+wcxixrYiwewe•rr+_,e 5,. 5 ;'µr"T YE 2UAOILM el,o,e x AI,pA+rto ! 90A 006624150 3-1-90 1-1-91 sooaY i a 250, ' IALL OwIesAVta IBM" ~ I IrrW _ AV,D!AwrT Soo, i z ~ , • Ne„eMA+i• ALne• i ( ~ry 11 300 ~Y f 9Al1A•E 144MU►r 1 ,a .,r... i'__ YAW' I Irk. 0"do nuu ammo" pow i j • • - . _ • • I 'a1ATYr01M! • u > Q r°'IU'r• uNA"°r WC 304963933 I 3-1-90 ' 1-1-91 t I. 00~. , o~es"at-eoucru a • pSfAfl-aACH ' ~ . ~ r slrLOrale• L,Aw,Tt I . 1100,.,, . . . _ ; OuS,rFT,eR d! OOaRIiTio,MA 00AT1okSrvo•S1aMwTirctblN~•°K VMS r , if ,4 LATION n Eer<Oe>T ttrt i i ° i pIW1l0 AITY of TTM Awn attciusEO ►ouaEa Be wick 1=D „ CSS'1f 0! DLItTON U10MVION DATE tWF". the ftW4 Co AW WILL ENDEAVOA To { 901 D, Tess BtrarL 44 i kAi 30 DAYS Wwmw NOTICE TO THE CERTIFICAte HOLW NAMED TO SHE Denton TX 76201 S UFT, VW FALUM TO MAR. SVCH 110011Ca SHALL WOrE 04 OKIOATION W { . r'. LSA K" OF ANY Rs+O UK* TTIa OOM/AW, "a A9ENTe OR RSMESEHtAnYEa. , rr1KKM1AtIVa r sttnl Melanie Hardin i;AOr,gNtSe i OACbRD OORfORAfIOU 1! ~ ACORID $1.1 is rr t. 1 4 1 r E E 1 CITY COUNCIL. tl ~ f h; 1 11 tr , S ~ n- , i, r, ~y4 1 t r ,r ~t~~ i ~ 1 A ~A A r tin r r 1 r 46 0 1, t ;r: ~ Ln A t3 ~ 1 1 O 1 ~ y 1 ,1a t `I 1 T l1 S/ 1 ' y ti' 1 1 r ' 284'31. AGREEMENT BETWEEN THE.,, CITY OF DENTON, TEXAS_ AND, RILED SE~IQR ' VOL'lJNTEER' PROGR~! .VP) ~ - i ` This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Retired Senior Volunteer Program (RSVP) (hereinafter referred to as Agency); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of s 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 provideA for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: '•;.a 1. SCOPE OF SERVICES ^c The Agency shall in a satisfactory and proper manner perform , the following tasks: A:,The Agency's purpose is to offer opportunities for retired persons sixty (60) yearn of age or olde , to do voluntebr aervice in the community. t sY. ; B. To remove obstacles that would keep volunteers frog Jil serving (transportation, reimbursement, meals, insurance). ; i' nd private,' in C. To develop stations, non-profit, it, public , fi which ,volunteers can serve and stations representative 'to' design job descriptions for services needed. Da To recognize volunteers for their valuable service. To x~ recognize supportive staff in cooperating agencies. ` E. To recruit, place and train volunteers. ' II. OBLIGATIONS OF AGENCY x In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: n r 4+ . r C c t #"57 , r. j,. 1 ;e S4~ ~f, x I { . ~ * .11['++`~'~ rw.rtrae..,~rA11i~[Valy14~N1i.;~+OMM1~hi.'.►~~~~a7Yl~~AleckF~by'CWIlAAi1M~DMflYtli~YfpMWfA1i'j . f 1?,' . T 1 ;P . ~'YIC tFj..Q1lf h' ' rf i r 1 5t A. It will establish a separate bank account for deposit of , the Six 't'housand Two Hundred and NollOO (#6,200.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director 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 fun-*a for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency'a 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 authorised 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. kr 1. It will indemnify and hold harmless the City from any and t' all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. J. It will submit to the City of Denton copies of year-end audited financial statements. t III. TIKE OF PERFORMANCE i The services funded by the City shall be undertaken by the r Agency within the following time frame: ' F,r - r October 11 1990 through September 30, 1991. Y~rY 5 PAGE 2 Lj7•.q , ~ ~ rj. ~t ~~(~►i►M•VS.u err.~wi,NAii'.A4e+J.w.~.n...frrr...n....Y..~. ...w....a«, w.... r.,~r ti,.,. 1 r v Y !1 1i I I C .r `r III IV. METHOD OF PAYMENT f A. Payment by the City for services provided hereunder will i be made as follows; provided, that Agency shall request said pa J ment by letter addressed to: City of Denton, 110 West Oak, Suite i j • B, Denton, Texas 76201, Attn: Community Developnent Coordinator: { 1,550.00 on or after December 1, 1990 1,550.00 on or after April 1, 1990 1,550.00 on or after July 1, 1990 1,550.00 on or after September 30, 1990 B. It is expressly understood and agreed that in no event .10 under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of six thousand Two Hundred and No/100 Dollars (#6,200.00) for all of the services rendered, It i.4 expressly understood that this contract in no way obligates the General Fund or any other monies or credits of 'r t 5 the City of Denton. C. The City shall not be obligated or liable under this { contract to any party other than the Agency for payment of any monies or provision of any goods or services. 1 V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition the Agency agrees to provide the City the following j' data andtor reports: A. All external or internal audits. A copy of the Agency's annual independent audit shall be furnished to City within ten (10) days of receipt by the Agency. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of active senior volunteers. f 2. Number of volunteer hours served. 5 f' 3. Number of stations in which volunteers serve. " D. Agency shall submit quarterly financial statements to City ,I' in January, April, July, and September for the preceding quarter, y~ r WZ which shall include expenses and income. f ~ p PAGE 3` ~ i:` e 'ra 1 '~Y.Mif.YMSa'.a►~.YLMwni1tkw•~`.•y,.eu..u....wi.awa~~a✓isv.biv.rM,.4vfr4~r,•au.un.tu~r.WUfiWM`.ww.-•~-_-, 41" ' 1 I r , '1 I VI. DIRECTORS' MEETINGS During the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. " Agency shall submit minutes of all meetings of the Agency's governing body to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: s A. Agency's improper, misuse, or inept use of funds. ' 1 r 'ttJ B. Agency's failure to comply with the terms and conditions of 1 _ this agreement. 1 ' C. Agency's submission of data and/or reports that are incor- rect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of fi bankruptcy, reorganization, rearrangement of or liquidation ti proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. 5, i a aIn case of suspension, the City shall advise the A ency, in w and riting, as to conditions precedent to the resumption of funding specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any i 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. y * VIII. EQUAL OPPORTUNITY A Agency will submit for City approval a written plan for * µ1`i compliance with the Equal Employment and Affirmative Action / f {+a„ PAGE kr' dJJ ~1., .f':K iCt3,w'i~a«.rwi M.'r'~+~..Mao'utv'.'1'n'?I>'✓Wr=M.YS~.u.a~r..rwa+.ww►.+.. w.... ,.y,~ i 1 Ole- 4. iff it 1' j`iii44! Federal provisions, within one hundred twenty (120) days of the II effective date of this Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations, i C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance ! with local, state and Federal rules and regulations.' D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may ! s.; be barred from further contracts with the City. y 4', IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its ! governing body presently has any interest, direct or indirect, which would conflict in an manner or degree with the ' any performance of services required to be performed under this Contract. The Agency further covenants that in the performance of this Contract no person having such interest shall be employed or appointed as a member of its governing body. ` i B. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall x. possess any interest in or use his position for a purpose that is r. , . ; t ,a ; or gives the appearance of being motivated by desire for private t' gain for himself, or others, particularly those with which he has ref family, business, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsi- bilities in the review or approval of the undertaking or carrying I r r' ` out of this Contract shall (1) participate in any decision J relating to the Contract which affects his personal interest or i ' the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. NEPOTISM Agency shall not employ in any paid capacity any person who is rat. i~t= 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" includes: wife, husband, X711 son, daughter, mother, father, brother, sister, in-laws, aunt, r a' r l , ~ 1 PAGE 5 3: , fi Y " ~~fYfllti.www..«.«.N.!W..a dON~M'.a.«.W'w J4we..lw✓..MaA_..c Mauwcu:'ar.rw....~.+....w..+.a w'..u~.-.~.... ..~.~~~...w[. ( i::: f i 1 77 1 r 1 z uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. ,z. IN WITNESS WHEREOF, the parties do hereby affix their signa- ' tune and enter into this Agreement as of the, 'day of , 1990. CITY OF DENTON, TEXAS 1503 i 4 t ' ATTEST: ! JENNIFER WALTERS, CITY SECRETARY 4'. n. $Y: APPROVED AS TO LEGAL FORK: yR~ t' DEBRA A. DRAYOVITCH, CITY ATTORNEY i d 1 , L~ Y ~14~Fi A ';4 k{ BY LAW FYI . Y RETIRED SENIOR VOLUNTEER PROGRAM A 4f'IF ~ (RSVP) t t° A/0 DIRECTOR 1 ? z, ATTEST: \ t. BYs SECKKTARY kk „ i J Jr~ yf Syr fi r I t - K J i~ r PAGE b ' I( A r y ,l fl t r ~ r 5 1 t " r~ . i =mot 1 CITY r, COUNCIL' r, t Il 1 ~I ~]j(( mayyj( t \ r~ cy y~f', h a Yti poi p f A. A i. O i O ~3 t ~t'y\ . ~ ~ N T F f 15 NI♦ ,f ~ µ "t t J ,fRL r {`h, '1-' - i• =4 X11'. .1 I . P' ' i IL ' _ I CONTRACT AGREEMENT d STATE OF TEXAS S r.; COUNTY OF DF.A1Tnw § ~ r 4 THIS AGREEMENT, made and entered into this 4th day of _ APRIL A.D., 19 90 , by and between _ . ..TIIB CITY Op + of the county of - H and state of Texas, 'actinu through duly authorized so to dor thereunto Party of the First Part, hereinafter termed the OWNER, and Of the City of . County of and state of ors r Party of the Second Pa rE hereinafter termed CONTRACTOR. r NITNESSET►3: That for and in co the paypents nsideration of and agreements hereinafter mentioned, to be made and by the Party of the First perorw4d conditions expressed in the bonds at rid nder- rbearingEeven adate Uhare-rith, F4E t. the said Party of the Second Part (CONTRACTOR) I with the said Party of the First Part (OWNER) tohcommence rand complete the construction of certain improvements desccilied as, t _ follows: ' and all extra work in connection. therewith, under the`` tletmis as f' stated in the ;General Conditions of the agreement) and 'aE' for their) own r proper cost and expense to furnish all materials supplies, machine, ry superintendence, labor, insurance, and otheripaccessoYies~oand 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 Bidders; and the Performance and Payment a nds# all attached f heereto, 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 COM~lUHITY-DWELOPhSM al of which are made a part hereof an collectively evidehce ' ` and constitute the entire contract, CA - ;E: a ~ F.Y~ ~V~L~A~~.~14LIf'{a'%r'►NV'~.iiY1{i~Srl.in:'Y il.a.r:r~'..,FYI'.!y..lt.~~'4..."_L..1v+V.>•!vn:..t.ra.~n..MJ'Jar.WVAre.~•.u.r..~ ~~..ryf, 1 i I I 1 J1 '.f r FF 4 11 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 E the tiara, stated in the Proposal, subject to such extensions' of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds. the > price or prices shown in the Proposal, which forms a part of ' this 'contract, such payments to be subject to the General and ' Special Conditions of the Contract, IN WITNESS WHEREOF, the parties of these presents have ' executed„this agreement in the year and day first above written. ATTEST: y the s , f - Party r HNER 20, 1 LLOYD V. HARR$LL CITY MAHAGBR. }'t j EI (SEAL) . ATTRST':' Party 0 1 the Secon part, 4 1 1 SI tONTRAC`TdR~ VV ylA~~r -'f i (SE, I t ! APPROY O-A FORM: . ' orneY . CA .2~ 1 + - 1 1 1 r. k 1. 1 d . , Y • CITY OF DENIVN INSURANCE MINIMUM•REQUIREMENTS ' INSURANCE; ( j Without limiting any of the other obligations or liabilities of` the contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered . ' and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Y Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The' jJ certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered' thereby is changed or cancelled. The bid nunbec and title of the project should be indicated, and the City of Denton should also r; be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: % o Thirty (30) days advance written notice of material change or cancellation shall be givens o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect theContractor against alI bl8ies _ under applicable state workmen's compensation law's: 1-lie, Contractor shall also be protected against:-•clailds for:, + injury, disease, or death of employees which'; for any reason, may not fall within the provisions of !a w rkme';i compensation law. r.. Ji~ The liability ~ limits shall not be less than. o Workmen's Compensation - Statutory kl o Employer's Liability- statutory Y Y Y II. Mlv in AUTBILE be written ce, shall comrehensivegformY.andhis insuran P shall Contractor against all claims for injuries' t'pmmbe ,,the o members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000. III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall • be`' written In. comprehensive form and shall protect the. Contractor against all claims arising from, injuries .:to members of the public or daerage to property of others arising'; out of any act or omission of the contractor ,Or his agents, employees or subcontractors. f CI - 1 f w f~~~dl~ol~fMllMYi'.4eT1 i1,.K/.{M•1.4bN~1W.W...Y'-`..t.sv.n+,~aa:iMi/aML-0>lJ~'Y411/XdtB•1Y:~7.t1ilWM4>/itiHAA.ivY S;., `~y,Q t II • ~ 1111,, a i To the extent the Contractor's work, or work under his 1 k direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. 1 The liability limits shall not be less than: 0 A combined single limit of 500,000. IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the owner, the contractor is responsible for obtaining it at his expense. yf The liability limits shall not be less than: ` o A combined single limit of $500,000. INSURANCE SUMMARY: St I The Contract shall provide insurance to cover operating hnzlZrdaf ?during the period of placing the facility in operation anA during testing, and until such time as the facilities . are coiANOt'61 "and r~ . accEpted for operation by the Owner and written notice of tlia,t , ~ , fOwner shall ll Isshot In ued by any -way the way Ownerelievepor. -decrease Insuraficii' the o t, has r A liabil by Y ontra' the ' It is expressly understood .that ,the Ownes. not In any, x reunday rcepresent that the speclEied limits of liabili r~ y. or coverage or policy forms are sufficient of adequate to protect the interest or liabilities of the Contractor 41 Again, the Owner shall be given a certificate of pinsu rance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that. the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any stork until the owner has reviewed and approved the insurance certificates and so notified the Contractor directlin writing. Any, notice to , Procged that is issued shall be subject to such ~ ~Y approval by the Owner. r i , CI 2 ~i 1;, t,t ~4i.r~lLYV«.tA:.tc4c.sa:..r.....++n1.,':l.,:M.MAr.,w,~.1'_cb}r.M l+sYriWl.h+~Cu~wc~MUt4'~+► ~y~•,' 1 FF F. Z4 4T pr • , e , ISSUE GATE MONOOM) 7-3-90 PRODUCER: TM CERTFX:ATE q ISSUED AS A MATTtR OF NFOFIMATION ONLY AND CONFERS ' _ NO RKHTS IRON TW CENTWICATE HOLOM TN IS CERTFICATt DOES NOT AMEND, NERAL AGENCY, INC. ~~ORALTER TAK ~~MF~aeyTN~Ep0L=jBnOWr f.e.~. PO ' BOX GE LEWISVILLE, TX 75067 COMPANIES AFFORDING COVERAGE CowANY LETTER A MID-ANERICAIt INDEMNITY INSURAlICB Y 0 ' 1 ESURED LETTER CITY OF DEUTOii CCOWA 0 I 901-B TEXAS ST LETTER DENTOfi, YX 76201 MANY D "REVISED" LETTER ; TWO TO CERTFY THAT POLICIES OF PMNVJOCE LUSTED MOW NAVE SEEN WKMOTO THE /gURED NAMED ADM FOR THE POLICY PERODSS)ICATED. NOnVITHSTAHDSNG ANY REQUIREMENT TERM OR CONDTTION OF ANY CONTRACT OR OTTER DOCUMENT WITH RESPECT TO VIM" TM CUMFICATE MAY . K ISSUED OR MAY PERTAN, THE i4iA Wt- AFFORDED BY THE POLICIES DESCRIBED HEREN E SJ&MCT TO ALL THE TERMS, ExaYSIONS, AND CONDO To" OF WCN POUCIES. TYPE OF FWAq CE POLICY NUWKR O pm v Dnvnw LIASATTY tUTS N THOUSMp j DATE 066m" DATE Mko nn1 -7 AOOREGn OE/EAAL L.IASS.JTY 90MY PFGf&SKYT:RArM _ ~COtUPSE wtIAPDry = _ MWSWAftrTWWMTM HGL 3561 6-26-9U 3-9-91 is Ero COM9"M $1, 000 =1, 000 , COlvrWCTW PEIFtuaExr COhTF4CT0~ PM FORM PAMTY OAA" pusaw WAY ~,r> A X O. C. P. PEFISONAL Ev,NAFEY WTOMM UAS&M SOL, PAW t° A Aano to mot ALL LL OIY!IED AUTOS (W PASS to mot URI ALL 000 AUTOS ~P~ y } jgigR : 't _ IFED AUTOSi . ; PROPEA 40"ONWOIUiTOS p TM f to 1 1 1 ~ Eill►A2E LLAEIRY 1 I1 ! i EXCESS UAIBFUTY UMMBLA FOW M A pa OTTER THAN UNIitLIA TOW WOIStOM COSIPEKIBATION sunnQrtr '.F* G, AND Is RACK ACLDEXT) dEPIOYtR3' LUIIBS.TTY s ¢IOMPOLRY USTI DTHT<f1 } = 04EASEEAGIEMrLOtEE) DESCROMON OF OPERATIOHSA.OCATIONSNEHK:LESiSPKIAL ITM Roofing job being done by Ricky Bryant, dba Roofmasters,1140 Itayhill, Denton, Tx 76201. Job amount: $270000 City of Denton SHOULD ANY Of TTY ADM DESCRIBED POUSES IS CANC&= SEPOFE THE EX. 1110 COM 1 901 B . Te x88 S t . MALPIRATION 30 DAYS T EDP, To rlE~et TITPCAAT! rani DLLMENAYED To THIS Denton, Tx 76201 LIFT. MATFAIWRETOMAaSIAa1NOTION SMALL W019NOOIBUGATIONORLA SLITY OF ANY KIND IRON THIS C AKY ITS AOOETS OR FW0VK9WAT1Vq., ATTH: Tom Shaw AunlowffOREA?RESExTA F ...111 ~ ~ ~r ~'Y J • r ' ~ cKofa. _:f FSSUE dl1E pp1 MOWER ' b "1~a75~89 . ti . • T}MS ; KATE 4 IM" AS A KA TEM OF NFORMATM MV AND CONFERS pp i ` ? Jaffe3 in Scanlon Agency UPON TM GERM TE WXDEIL THIS CEFITMRTE DOES NOT AMEND, i # C; r E7REN0 OA AL N THE OSMFJIAOE AFFORDED BY THE POLICIES MOW. j Si f!, 905 Sunset (817) 387-0535 i Denton 7exes 7620f j axes AFFORDING COVERAGE C01,WANY A r' ! IETTER _tfuLgL jLjn C1tY Fire Co. ' COANPAN f B Ricky Bryant rAAtPAhY DBA RoofAasters !.ETTER C 1140 N Mayhill Rd -XAVANY D Denton Texas 76201 LETTER aANY E LETTER THIS IS TO CERTIFY THAT FOUCI►'t OFIISURAHCE US MO EELOW KA'MZ EEw "ADTO M KRIKED MM ADM FOR THE POLICY PEM0000ICATED. MOTWTTMTANDINO ANY REmw w'M TEAM OA COfNDITION OF ANT OOWAW OR OTHER DOCLI WM WITH RESPECT TO WMICH TINS CF.(ITFICATE WAY T DOf OMAIK THE NSAANCE AFFORDED EY M POLIM DF-ACM D 1000 4 IMUT TO ALL THE MR% EXCLM0N3, AND CONDL,', TYPE OF #0$1ANM POLICY NUWKA MET MIM mmvm ~paalnD~q L ~ N THOUSANDS' LTF OEI>EMLCJAiIUTY .fI..:.ry,i; OCAMMIR" AOOREGn OWLY OMIpiEHE" FORM Z S FLL~INf~~URSCS'OMMATEIM$ naD1•cRrv s s , pPLOCI WILAPSE wuv OAAAAO! L'. MODUCTSTOLKMDOPEPAnM r COYTRI rA droi~s 4D $ S ' f};~ 1E7T MN? OWPAMM KEW r" ",FO DWAM r n 4' 1 MONO"A LIAIEJTY tar AU ONRED AUIDS ilpw.pPIM) DAY a R 1~ f I ALL DNl0 AUTOS ~MIV. F ~ FQ+WX+fI 3 1~ i '14 ';+yd i . , h~.~r. I/ECAiJT04 DkAtiDE $ , tit t' MDxQwINEO AU+DS i EAIUCE LLrDUl7 a c PO 'f + L$*vLLA FOif Comm $ Q"R tIWM Ul10REL A FORM WoIaWWCOMPE mr*N) Twin City Fire 30010}}0.00 StAMDAY #F AND 71 MZ CF 1731 -15-89 tolfl8-15-90 s_____ EMPLONIM LIAMIAM I l;+.f ILGT,~Narr 1Y11 $ m VIE ENCH EIiROTET ~;f' DMA ti r DEEC',i UMI OF OP'EMTTONSIOf~{TIONS+VEIDCIE.LSOECIAL !FERNS l SCt S 1b201 y£SA'LF~10~ 90 DEKjo 036 tOt9l NS►S 9g 1 i1 3 sYA'RS 1 1 , iM.'1! h I,'~i11 :'.n7 $00" AMY OF THE AFriE DESCP' 0 POL ON bE CArICEttEO fEFOnE TTI! ELF ` 't tr Sri QTY DUf4 f i I MPATIDN DATE WIXOF *;,E 1SSUtM4 CONPAMY WILL EHMAYOA TO Purchasing DE'.~rtTOeOt tFFT.MIlT UII! 0VA*YSI,Nt'C ETOEHALLIYPOSLNVOEHOLM MWO IVOATOHORLIM~EFry.. 4QTNN r t Attention: Denise Of ANY UPON T►TE COM-.+ S AN" OR REPM MTATM& 901 B AUTHO&N ` t £cT i Texas St. Denton, Tx. 76201 . RX"Wi '14, Ole Ufa Re"Ref i i J Certificate of Insurance 1' 1 jjC) AS it JOATIJI? OF 11AME AM ADDRESS OF AGEHCY ! COMPANIES AFFORDING COVERAGES ~ RONNIE•BAV USELTON ~ INSURANCE AGENCY OLECO"m"R" AMID AMERICAN INSURANCE COMPANY P.O. BOX 149 B DECATUR, TEXAS 162 34 EO rei"n"" 1 "AMIE AND ADORESS Of I"SMD /'f ' ROOF MASTERS LETTER y t Ricky BAyant p 1140 N. Mayhitt, Rd. ` " Denton, Texas 16201 E r LETTER Ira or TN[ to to ew od~f d hwrRr cF ssted bEb. N re bFm "Ad b ft txtvId n.m.a.DoY. W e s qr er v brae N r aE r+. .fitCh Mb ari6aq mef b~ kwd or ~sJ Drbh d { or vith b ir11K gsaa%m & ?A such POLCY t[ o i t n aussn s COMPWY TYPEDFOUPRARCE POI ICY KOKR VLPMTDN DATE OCgl~IICE AWREWT[ ' LETTER MUM LUS•1LITY BOOK., APAY f f J A ❑ COMO-K HERS" FORM M G L 315 3 03/01/91 ❑ PREYA[3-4P[MrldfS PRDKO!"DMAMIA t f ❑ "K06I0111 AM COUAM ' f WARIO c, J ` i, - OPCANT IONS HAZ`TAFq IRfIP[RTYDAMAGE f PmwAiict 0 OO FORY ► Y COMBO" 1, 0 00 1, 0 0 0 ; ' ❑ acEP M C"T CORTIIACTORS ❑PERSOML IR1UA•+' PERSORR nU1RY f ' 1 { AUTOaIOBtLE LIABILITY eoACHHPSRRSSOMMI f s 1 ❑ emrKpot wt FORM, t i v ❑ HUED BODIIr vu111fr Ala PROKATYDAMADE f I ❑ EXCESS LIAB0.tTY sOMYRIAIn'1Atio , A4 1,.; Y L ❑ UMBRELLA FORM PROKM DMLADE f f ,.1 4 ~A1 ' OrMEn TRAM UMBRELLA CDMeXI[0 t 1 4 FORM WORKERSIC"PEPOSATI104p STATUTORY ' and f 1 1 EMPI 0Y E RS' LUISILFTY ax Axoonl J OTHER ADDITIONAL INSUREDS City o Denton CESCIMT10" OF OF MTgNShOCATQP&VU=U5 EXCLUDES: Punitive Vamagee, AbDautt 6 Batte-ty, Aebehto6, Pollution r Cancellation: Should any of the above descliaed Policies be cancelled before the expiration We thereof. the issuing corn- pany will endeavor to mail L__ days written notice to the below named certificate holder, but failure to mail such notice shall Impose no obligation or liability of any kind ur in the company. UW AJO ADOIKSS OF U11T 1t[ATE HOLDER: DATE CITY OF DENTON PUR^NASING DEPT. 901 D: Te.cab Sikeet ` t Denton Texa6 16201 c }1 f~1T HOA= REPRESERTAI ~tt Attnt Deniee i t• i"'. 1 Y, .....~..rr•u~•..i•a,•w•.r.Yr+.L1.r~...-. rs.a'Y.•r.~rr.....•-...~._ ' i FF f. i ISSUE DATE'DOfTrn FMxe • PRODUCER :5/() /90 THIS CYRTIFICATE IS ISSUED AS A MATTER Of !eD'ORMATIOIN ONLY AND CONFERS HO RRWTS UPON THE CERTIRCAT E HOIDER. THIS CERTIFICATE ODES M0T AMIENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. 1 DENTON INSURANCE CENT'EF INC F' 0 DRAWER C COMPANIES AFFORDING COVERAGE ' DENTON TX 76201 .-.i~ANY A .1 f COMPANY NSURED LETTER 9 AETNA L It C I ROOF MASTERS LCO PAY C 1140 N MAYHILL RD cow,wy DENTON TX 76201 LETTER LWnE E r. COVERAGES, R THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED P70109 HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POMY M400 P OOCATTD j ` NOTIVITHSTANDNG ANY REOLIMMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V II H RESPECT TO WWCH THIS CERTIFICATE MAY BE ISSUED OR MAY PE RTAI/, THE HSUIIANICE AFFOWEO BY THE POLICES DiscmED N wAm IS wimcT TO ALL THE TERMS, EXCLUSIONS, AND 001DF . l _ TO" OF SUCH POLKVS. ' 00 i - TYPE OF P SURANCE POLICY NVIIII Pact LrI[crn• reap EArroltol ALL LIMrTS IN THOUSANDS L 41IR PAW" DITL &I 1' z GENERAL LIABSJTY GOMM AgmIll i ' CDUNERCYk GEI[RAI LIABILITY ' _ FAOdII'ISCdIAFf AG64GATF ~ ' , PERSONAL M AOYGIi61IG NLMIT J ~ ; r DNMEIIT M 07fTRACIDYi RT>ZEAME rAa ooanlva ~ I•r ~urra wY aE nAn r , \~u , ' :IDrx u^EMSE I/urT de rrKOIG '.j A AUTOVOBIIEUABII 018F3925(126 8/15/89 8/15i9t) AIYAUro L' 400 s? All OAIEDALn05 ' I 1 a T► t X sGfOIAEO AUTOS Fe i rrAta4 i HIRED AUSDS S~ "MOANED AUTOS l ' `sa GA4AGE LNBUTY S I , EXCESS LIASILM !KJ ~ooiae~n q ` OTHER TMAII LMT MLA FOIN ' WORRER!' COIIPtkBATDN EAd ACt?O[II) r r i ' { y AM ID6EASlJOIRY I.•YTI , EMPLOYERS, LLABSJTY . c.. ynFASrNtA01MDIW } OTHER + oESCfiIPTIONUFOPEMTgH9Ill7CATIOkSrYE1BCLESIRESTRICr10ftSfSPECIAL ITEI,eS 78 DODGE 3/4T PU 77 CWEV 1/27 F'!1 AND 75 FORD 25 PU 83 FORD 3/4T PU • a: 4 SHOUID.'✓IY Of 111E ABOVE DESCTUDlD POLICES BE CANCELLED BEFORE THE EX• 1 PIRATION OAIY THEREOF, THE ISSUING COMPANY WILL ENOLAVOR TO I j CITY OF DE7qANN MAR : CI DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMIEO TO THE I C ti ' ' ATTN DENI SI N8 LEFT. EAIT FAIIURE TO MAR. SUCH II SHALL IMPOSE NO CTIUGATIOH OR - E l" I P029 TEXAS ST Y (M DENTON TX 76201 AutrlofYZEOZrA IN TfVE HEyi~tY PI i - - a I rS., 1 LL- { CONDITIONS ADDITIONAL INSURED: Tho City of Denton, its elected and appointed officials, officers and employees, (This does not apply to Worke-'s Compensation.) NOTICE OF CANCELLATION: Prior to any material change or cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate!f Elolder, City of Denton. 1• 0o y contract NTRACTURAL COVERAGE: (Liability ~ ~t agreement and would not otherwise' ik sideractofal liability requirement shown on he •reverse, e, s Comprehensive hi Generaltif Liabilitof nsurance under `definition'of-Coverage broad enough to ust include a for `.obligations assumed by the contractor'cinerthe tr renced contract. This Certificate 'of:Ineurance`is + provided as required by the governing contract';, 2. CLAIMS MADE POLICY FORM: Required period of°cover'a'ye will be determined by the follo~iing in'y;. fot Continuous coverage for the life. of the contract;,,?plus one a earex t'o tenad discovery e for the warranty , perlud)r and ~rovide coversperiod or a hi ' Ji of ' V which, r , e bats. ha 21 begin at the t y0 , en o the. warts' peci y FIRE L 3• EGAL LIABILITY: (Required 'in' all 'Contracts, thlt stir r invlve the` occupancy,.conscuctio n or - F Ins'al eratxon .Cit owned .or leased fa6i2lties.) urance; is to A. cover :buildingscontents (where a Y pliC_ ble) ~aAd z p.: P F perr~anentl inatalled equipment with ' respect Eo property damage to structures or portions of structures if such damage is caused b the peril of fire ;-and `due to.. the operations of the contractor. Lin Nit' of liability is to be a alnimum of $500,000. F CI - 4 } UMBFR lash BID PROPOSALSI ro, Page 3 a , Please prepare a cost estimate of all work listed above for ea,.u 4Yk~q. of the following buildings. BUILDINGS AMOUM` ~j ~ 1 ♦ t 101-104 I X35 ° r w 1~~4 { 232-233'-'-o'-;, ] gc q a 193-196 - 217-221'1 (^,p, A35 140 -,y 1T6 •f f i~,~.,, ,i r t' ~`r~~,'~,.., :i; O 1 s~A.r,I`Y , I 1' , i r t, ,P,'! y , 4ri j4 1 y } T iz'1 {r 141` 14'4- 117l20 35 'ej Works days to completion .t y ~'i.~ ' r'll.fr t J Y f~ 1 - } A1 t ~7, J~1~ 1 i ~Yk ~ !'i rI ~d 1~ r~~ All CJv r •?t•~1 ~ r / o7g C'~ 4 I : ' i i k+4 ~ y M~,,~~y(x• j1W ~~,rf{! ~ <w.Jr ~u dr'1'.ri?. t l~ttl ~ :IJ 4 1~':. f J`.~ • /~r r r { w , yl IZ Y I I .''^o t•''~ - 1 _ ,i f, ~Mrt''.~)i`~.j~ 'y l~ •J ~i'.~ ~~,jf` j~ ~ - ~i S ~.I<~,p l.y 'r V~'', < ♦K n; 1 ~ yf ^ Lam' } r! i 1F" # t f' • n 5 y rI ^?y ~ 3~-. < ~ 't 1 ~•,~y~2~1"'d~ i J1 j~f • ~ I~~j,'I ,f'. J'^ }Y f~ x: I, r - - y J an 016 no= Oy CIA of D"01% Taal wiM+l$ i in SuOrtdttin0 tNS s0ow Old, tf+s VWW W OWNS tW aocsptV" of any or ru,ombW p«fta Of *ft 0W4tft W S OddW 1 r ti a-•`~,v 7ill'~' 7 V - DVV~G ✓y;.r - '•'v 11 l is Y~~ ~r ' Eitxe~ S r rl CITY i r COUNCIL ~i F f7 ~Ll o ~i r 1 I r',,.rcl~ P._ l .R 3 d i a " f ; r' x. t f~Q U C.- 't: 2IT , I 4 ~l Al 4 1. l4 ~ f f ~ r 1 I 1 , l1 ' .r r nr i f1Yf I/ .i t II CONTRACT AGREEMENT STATE OF TEXAS ;i COUNTY OP DEMN ) ( THIS AGREEMENT, made and entered Into this 51h day of JUNg A.D., 19.90, by and between _THF CITY OF DENTQN Of the County of ~p and State of Texas, acting through r.rnvn v_ ; _HARRELL thereunto duly authorized so to do, 1 V'' Party of the Pica! fart, hereinafter termed the OWNER, ad, r; p y DF.ri' OMO TRY1e 769n9 4.'I i the City of county of _ DBtr1'ON, N i nd6tate of TEXAS , Party of the Secorib Part;' hereinafter f{' termed. CONTRACTOR, . RITHESSETHt That for and in consideration of the payments ':,and, agreements First pert hereinafter under e the performed by in theebon s' earing ? f even date Aereid th, the said Party of the Second Part, (CONTRACTOR). hereby 11 eonetruetio Party, of the First Part (OWNER), to commence and complete :01 E se said not cer tain improvements described as follows, I D 1 1103-111iSY'V" 1MPROVQL4►..Q E IgM TlU1I RRTP PAVING L 8 'CON i , end all extra work in.corrtectl entlearidith, under' the he )ms ~ ed in " t it )ie1 (or, t [ ral COnditions of t!)e agreemo pr r cost~and ex nse , to,_ fUrals h' al i of ance,: 9a~ 1l machinery, ~eq.uipbeat, ` toolb, ; z, supetintladence,, labor, her accessories and,; services rlecea00iy to'compiete the said construction, in accordance `4itA !he'cQnditlons i. and tices'atated in the Proposal eEtached hereto, and In ac cordencewith a7I the General Conditions of the Aqreement$ the Special Conditions, the Not ice `to Bidders (Advertisement for Bids), Instructions to Sldders, and. the Performance ana Payment fronds, all 'attached hereto, and in accordance with the plans, ) which Includes all saps, plats, blueprints, and other drawings and printed or. 1 r, CA-1 Ol1Ss • 1' .~H1+11M~..++ei•1K~.!2V}'w~+,.i<1:Y'ii,~C.i~er'~f a''I F'e.,.. - 3 5r written explanatory natter thereof, and the Specifications therefore, as prepared by THg CITY O DDENTON TEXAS ENGINEERING STAFF , all of which are wade a part hereof and collectively evidence r constitute the entice contract. Y ence and SPECIAL CONDITIONS Independent Status r.' 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 s leave benefits, worker's compensation, or any other City employ". benefit. City shall not have supervision and control of Contractor or any employee' of. Contractor, and it is expressly understood that Contractor sh+ll perform the, services bereunder according to the attached specifications at the general airectlon,o[ the' City Manager of the City of Denton, Terris or his designee under this agreement. z 'rri Indemnification i. shal d hafmleas t ioaa, r l Indemnify and labtlit hoo @ C ! of Anto ' ri,y th y if Denton from len~and all hereby damagesagree Y eE `eny kind does son of injury to ro ioned by any rr b Y P pe rty or third persons'ccc d } e r emiployemk- invitees, and e9l 9 other personalforonwhomtit fetlegally li agents, rei erC ab e, With f regard tot olyc s he perforimance of this Agreement; and Contractor will, s! E at its coat ~ and expense,deE . l { Y clairis and deiaandendand protect the City of Denton against any and all such t ' Choice of Law and Venue ; - r, This a ree vertu too ils;cons~nt shall be governed by the law of tf,e.state oE"i`exAn`•a`nd ' r Count to !suction and enforcement shall lie in the conrEa; of "Denton r ~ ~ reef Y excl. Th* reby, written or after. the date to c e'slablielied [Ottb `etarteof vorkraseset fooiEhnin work en notice",to commence work aed'c po . j" to f: osplete all work within the time stated in the Pro sal, sub ect curb extensions of time as are provided by the General and Speclal,Conditions, The OWNER agrees to pay the CONTRACTOR In current [urge the price, or t ' prices shown in the Proposal, which forma a part of this contract; such r payments to be subject to the General and "Special Conditions of the Contract. Ol Ua L . ~+~i+.!`Y~\LLA4atinMi~Yl?a YL.r u•. wn.. rr.~ J t,. t~,}Y 'L_ 1 0" IN WISNBSS MHEREOP, the parties of these presents have executed this agreement In the year and day first above written. k AiTESTt {SG 11 . //./l CI Party of a First Par 5! 041lIBR ~i1~.f7 ut t By MAHA I 17 _LLOYD V. HARRUL. Cl G6R ATTESTS : ~ =SMITH ' 1 f" s\ + Party"Ef thb'Seaond;Part,"CONTaACSOR y By - , h Title a,r~ APPAOVeD AS TO FORM! 1 ' a Att6rney f 1 ' (~a t1 Fad ! I ra F` ~ T rr. . t ~ 1 ~ r 1 ' ~4J V i' 1 a S1 C K r C f , . Oil/a F J t wV~.. Y.:^~1.W.f~1~~'L'.,4i.r\/r4,•....M1ilti'1S f'.\':'Ae•:\1"..- 4...C~.4...I-i M'w 4. {~~I FY Wes. ,w. a.1.N 4 Il E r PERFORMANCE BOND [ STATE OF TEXAS S € 5 p.r+.. S j COUNTY OF _ DEN rQW FYD KNOW ALL MEN BY THESE PRESENTS: That !I SMITH CQ1Q E A •'Y°' i of the City Of and State of Tcvac '~s County of L1FNfCN INS(lRAA*iGE' GOt~'ANY principal, and SECURITY NATIWAL t- i ct as authorized under the laws of the State of nd afi Ilya bound rincipals, acs held h surety on bonds for P in the penal sun unto lOdollars of jurjax-Dm the said principal l# 810541.00 ) for the payment whereof, and their heirs, administrators, as, and Surety bind themselves and severallYr by executors, successors and assigns, jointly these presentsr SiHeRBA$r the Principal has entered into a certain written dated the, 5th ,..day contract WiEh,the City of Denkon, to which contract is hereby sr } t 19 90 ,0 i of a"ct hereof as 'fully and to the ; sart+e refa p ektent as if copied at length herein THIS -OON - ~i NOWT THg CONDITION gaithiuhlGATIer IS, SUCH, " , . NDITION OF erEora said _ TFIER8FOR8r shall lly p that if the, Pripc observe duly and EthfullYns; and ConE c a ,,ct'_and shell•ir,'a11,YesPecte nditio the pecfocwi all and singular the covenants, ai co covenanted by: • ontract,agreed and t and eeaent8' i,n and by said F yea 1 9 ntract a'accotding agr to he L , thie o, nd the Plane `and . said pit~ r"f oenrome a trinciPa~,. to be nd.... obae , c , Ved and rua- intent . a bligatian shall be ; 'hgrAto anna a t speciEicbtiona "l voidtotheixiae,tp remain in full force and effects ` Y' (R su n BVER that this bond is. executed pur of 00 Qaovioan, " + i, f. " * Reglu the pfovidione of Art~heeactsDoff th,ee 56thsGegislatu=~atutes Texa,eaxended, by 1959j '.and all liabilities on this bond shall be rticie to ' ` §eeaion; opied at toviaions of lengthh Lein ~ J .in accordance with the p I were c detarMined 1 1i. the aa':ee.'e`xtsnt as if it we PB -i v r. .1 'f 7 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 sane, 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 22nd day of JWE 90 19 .:f FLOYD, SMITH CM01BTE SECURITY TIONAL TI%IRMM MAW PRINC P SURETY f By By AND ATT"bM-IN-FACT Title MJER Title a AGENT , ~ , ti t? ]~ddreee: P.0,, Box 1781 Address: 707 FIRST Si'A'I'E BAMC_ BLDG. : r 7621 r `L'ENICN,.T IS 76202 DE" TEX~SS / l ,is: 1 The name and address of the Resident Agent of surety Y 11I R• EY.646 4 MIWIS INSUR4N(S J 76201 s 707: FIRST STATE RAMC BUiLD1NG •DENTCN TE)CAS 1 • f~'3 5 t t' y c a i k. s?r a • ~Y Ili P8 - I j._ l:1 ,kYlS l.ai;t J1 Y' •'J'.[V.. I 1 \ .L r i L, PAYMENT BOND STATE OF TEXAS S 3 IiI COUNTY OF DENTON S = i KNOW ALL MEN BY THESE PRESENTS: That FlpypSMI Ili omwm of the City of rfmrrw County of DENTCN , and the State of as P r i n c i pa 1, and SECURITY NATIONAL INSiJRAIV 3 (XWANY authorized under the laws of the State of 'T'exas to act as Surety on bonds for principals, are held and firmly bound unto The City of DTepton, Texas, in the renal sun of EIGHTY ONE THOUSAND, PIVB HUND ONE ANn rio/70D Dollars 81•541.00 ) for,the reof, payment whe the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: ' KiiSREAS, the Principal has entered into a certain written con'tr`act with the City of Denton, dated the St_•id ay i of ,T ME 19, g _r 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. NOWT THEREFOREO THE CONDITION OF. THIS OBLIGATION*'! ` p . that lthe said to him aor ahell a ail ciaiaants supp1yHin9 y labor and ubcontractor in';the ' of the "work prosecution provided for in said contract, then this obligation ` s shall be Void, otherwise to remain'in full force 'and effect i r PROVIDED,, HONEVERj; that .this.bond_is executed pu'rauant , to the provisions oi?.,Ai'ticle SI of the Revised, civil"Statutes of Texas,,as amended by the acts of the 56th Le ielaEure Re,quiar s, e4 t $laslon; -1959, acid all liabilities on this, :boAd:;she'IV~;'be do accordance with the terained in Ydance said Article to , provisions oE, the sameextent as , if it were copied at length herein, y<, PB - 3 IJ 1 , Y jl Surety, for value received, stipulates and agrees that no et alteration or addition to the terms F 9er extension of ti~a ch n a of the contract, or to the work perforeed thereunderr 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 S work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have • signed and sealed this instrument this 22nd day, of JIVE 19 90 i 11M SWV CONCRM- F1L4IRAN(11 (XI~A1dY.\ NCI AL URE . r By B Y IN-FACT Title AGENT $ A'E'hORA'x- Title s _ Addiessi•P.O. BOX 1781 Addtess% 707 FIRST STA18 BAM BLDG. Ty 76202 DFNf(N TEXAS ;7b201 rz } f Tt►e°name and addcese of the ReeidRnt Agent of Suresty issti 'w. - ..f YING 6. - 'nJ~t ` R'cYdC 7~2h c c ^ 707 FIRST ~a ti ~N J 4}51., w\ SJi r r l' I 0~ i p IR t~j 4 l PB 4 { t ^ 00 r j MAINTENANCE BOND i THE STATE OF TEXAS S COUNTY OF DENTON KNOW ALL HEN BY THESE PRESENTS: That FLOYD SMITH OONCkM as Principal, and SFtMTY NATIONAL pMmAlum C-lamp Y ' ' a corporation authorized to do business in the state cf Texas, l 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 M County, Texas, the sum of EIGHT THOUSAND ONE'UUNDRED FIFTY f 1 i the said sum being ten (101) percent~h te amount to of the hereinafter mentioned contract for the payment of which sum said principal and surety do hereby-bind + r.. e themselves, their successors and assigns, jointly and.Jeverally, This obligation is conditioned,' however, that. WHEREAS, the principal has entered into a written contract. with the said city of Denton to build and construe! Rro# 1103-N arvT EYT TFAIL 8 CONCRETE PAVING IMPROVEMRj?TS which contract and the plans and speeiflcations',' therein n tise;ntioned, adopted by the City of Denton, are filed,vit ' h , i.-he r j+ City Secretary of said City and are hereby ezpre'ssly incor a;, 'T< potated herein by reference and made' a - part hereof as though the ease were written and set out in full herein; ' I T NOW,, THEREFORE, if the Principal shall well, truly,. an I faithfully maintain and keep in to be done and good repair the work contracted performed for a period of one (1) year;froni the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing 'r out of or arising from the Improper work of the same, including, , i but not limited to, any settling, breaking, cracking or other i MB - 1 Y 1 ~i~1'~IIZ'?Sri:a..:~<•;s~s,,,:~a;.:,,1. . . _ ` ' • 1 rL 1... I owl rn, 1 =t' defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the f period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of j defective work, materials or labor; then this obligation shall t be void, otherwise to remain in full force and effect. in case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum - against the said principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches ' of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue r. throughout said maintenance period, and the same shall not•be changed, diminished, or in any manner affected frost' any cause ~r during said time. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. ; IN WITNESS FIHEREOF, this instrument. is executed in.,! duplicate, each one of which shall be deemed an original,• this'~ the 22nd day of JUNE , A.Da, 19 go SURETY PRINCIPAL SMMTY TIONAL INSIMWa OMANY FIAYD %M CONCPXM i BYt BY: i1 t !yt t. e T t AGENT ArfaM-m-wr f J , , I Y ~j NB 2 - j ti = V !5 l t I w~.-.~... v~..u.s-r ~a~,.....w..sr+.w.w.w...•.vr•«,ww+....~..--..... ' t S,... t r. ~ r. ' f Petrr.e. tn~, ; Their' ' u Companies r Dallas: Texas 75201 LIMITED POWER OF ATTORNEY k' KNOW ALL VEN BY THESE PRESENTS' That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COI each a Texas Corprworion and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS {f1C, YQ ' ' Kansas Corporation 8L, hereby oppain M. G. RAMEY, TERRELL W. KING, U 1, RAND. µ~l~ 12 • MINNIS, JEFF P. KING OR JAMES KING - DENTON, TEXAS Its true and IawfulAtrorner{a}lo-fau,wirh full aitha iry to execute on its behalf liwilli e. 1 or undsfrokings and other documents of a similar cl•ar h onifloss,,osd ts acrer issued in the cowsff of Ira busings,a,d to bind the respective comoa,y thereby. I EXCEPT NO AUTHORITY IS GRANTED FOR: I, Open Penolty bonds, r' 2. Bonds where Atiorneyl+l•in•Foct arpe,w as a riaiiry at 'r n IN WITNESS YMF.REOF TRINITY UNIVERSAL INSURANCE COMIPANY SECURITY NATIONAL IN- k SURA};CE COMPANY one TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each ` executed and atteued these presents t this 94T14 day of ADRTI pQ i ell .i 11, a t I Y Y C'-i AUTHORITY FOR POTTER OF ATTORNEY r, f ti' i a 1 That TRINITY UNIVERSAL INSIA.ANCE COb.PANY and SECURITY NATIONAL iNSURANCE COMPPANY; tt each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., oKansas Corpororion, in pursuance of o~thoit, trorved by Char certain resoi,rion t ; •t Dire<tws on the lu day a March, 1976 and of which the following is adopted full ourt*specti wBoardof j "RESOLVED, That WE Pres dent, any Vice•Fresidenr, er any Secretary of eoch of these Co oDy.. mpani be and' they alit hereby o,rhotized ornd emynw.-red to na e, ...c., re and deliver these es p I unto such erson or ' an beholt f. of thu C o o , ~j F persons re sidtny within rFe rn,rrd Stores cf Americo, as tt theey may select, it& s Power Of Art inner constituting and appeinrini each sacs rer.cn its Artcrney•in•Focy wit', full power and author- ! Y execute and deliver, for it, in its n]me and in its behalf, as surety an ` vrIsakIN that may be reQvired in d . it s any ufabondor' pecified rerntuy, under such IrmiriI and re res?ristridians botft ' I as to nature of such bonds o undertaking and as to limits of liability to be und(etoken by these Catnpanlas, i,? I as s i wOfhic rPc%ws s may deem eeem proper, a Harare of such bonds or undertakings and the limits of ftabifity b a^eY Y be re srNCrr d, ra k+e In each insron ee specified In such Power of } iyln Attorney. tzr k k f RESOLVED, That ony and all Airorneys-in•Foct Ord OI{aaers OF the Comp vies Hncia.ding Assistant Sects- f r>; tariffs, whether or not the Secretor is absmr, be and are hereby o.thorized and a r' verify copies of the BY-Laws of these C - e+Owffred to ing to, or i•~ s ti on,p or ies as well as any rewlurion'oF the Directors,.havinq to, do +c with the e..!cution of bonds, reca~nlzances, rontracrs of indemnity, and all ocher wrIling I oLligofory,In the 1 ~S r ? ' r{,. 'y' • r, Hattie riar.of, or with regard to the powrrs Of an / . Y Foci. Y c M officers of these Companies Of of Altaneys In 1 t s I" RESOLVED, Thor the si nor, g we of any rf the peracns de uri pea in me fare: , '•i t sim le si.q ar ees as fixed or reproduced by any from of ,;I Z, rri tired sianp,ng~u otlerareN02 bforr of the naves of the persons herenobove r CERTIFICATION OF POWER ATTORNEY l d iv I, dudih E, Fagan, Cup. Secrerorr of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL t INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby 4 certify that the foregcinj Resolution of the B•:ords of Directors of these Corporations, and the Power Attorney issued pursuort thereto, ae true and Correct and ore still in full force and effect. _ IN 1Y1 TNESS AHEREOF, I hove fereunrr set m • j'~nd and arfaxed the 3acs,m,le seal C4 each Corporation •::1 ' •~nz ice, of -Gbi•aL 19-L1~: ~ e r • !r.✓ I. t', r 4o iC s=~ ~~LAL;j 4;Sf,A4f vlllolttr t./a OAN, cool P. SEC 11ET aIlY 'a J 1 } i. 64 ~ nom. FwF y T r. / 1.•; ri 1 E-Il a~ i ~ • C % l,F ,'Y - _ 'lY•1:1.(YNfW~SL:VL1~MiW$-'YYn-.n1 .arY nN ~.~:Y~T'Ja.arC`.u,. aa. . }I, 1 i' i., CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCES Without limiting any of the other obligations or liabilities of E the Contractor, the Contractor shall provide and •aintain.'until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also :i be 'listed on all policies as an additional named i't,sured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be givens o The City of Denton shall be an additional named insured,on all policies. =p , .1. S I. (WORKMEN'S COMPENSATION AND EMPLOYER'S 'LIABILITY... This { insurance shall protect the Contractor against all u Contractor nder applicable state workmen's compensation laws, The _ j Y, , p ±c against claims in ur disease or death of employees which for any. reason, d snot faor des h ohe\for Y provisions of a workmen s compensation law, y The liability limits shall not be less than: o W6fk'ne►iIa Compensation - Statutory, tLiability - Statutory it, COMPREHENSIVE y AUTOMOBILE lLIABILITY. This ins'u'rance„ shall., i' be written in comprehensive fora and shall", 'protect~~the Contractor against all claims for, injgries to; m es e'Of' V the public, and damage to property of "others risingfro~' t' the, ef motor ehnocles "licensed for highway whether the use, Y are owned, nowned, or hired, r The liability limits shall not be less thans o A combined single limit of $Soofooo. III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be , written in comprehensive fore: and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of_ others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. I C1 r ITW y. a l To the extent the Contractor's work, or work.. under his Q-•u• direction,. may require blasting, explosive conditions, or underground operations, the comprehensive coverage shall contain no exclusion relative rto blastingy explosion, collapse of buildings, or damage to underground property, 1 The liability limits shall not be less than: ' 0 A combined single limit of $500,000. IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY, This- insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work rerformed b the Contractor, -cts bein acts liabi?it arising out of the oxissiono o isupe eroviisorny clac of the Owner. Athough this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense, j , The liability limits shall not be less than: o. A combined single limit of 500,000. 4 , r►; y INSURANCE SUMMARY: II ' The Contract shall during the provide insurance to cover operating hazards ~ g period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the owner and written notice of tha6 fact has been issued by the owner. Approval of the Insurance by the Owner shall not in any way relieve be decrease the,liability of the Contractor hereunder. It is expressly understood that'-the'. Owner does not in any way represent that the specified' limits of liability or coverage or policy forms are sufficient or adequate 1 to.protect the interest or liabilities of the Contractor. Againthe Owner shall be given 6 certi Again, above fica ndi , catin : 9 th at 'all of the t tt ~ of pInsurance x r• a 'are indeed enforced. The cepoltifiiciecas te a shall also i icate that' the Owner' .'will be given at lesit thirty (30)days rndyritteri 7 notice; of cancellation,,, non-renewal, or material change? of the' <,t.= reuired insurance coverage, All responsibility for, payment, of,, an; sums resulting from any deductible provisions, corridor ~o' { self=insured retention conditions of the policy or policies shall i remain with the Contractor, The Contractor shall not begin, any ' work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in wri;.ing, Any notice to proceed that is issued shall be subject to such approval by the owner. CI - 2 f i /.i{~yR4149hiiK1<n.W.aw.r".....rr.f... ....~._.....,.,r.. _ _ .~~.•w f •+Ww2 'VIM "'ltd i, i awl a J U L- 3- 9 0 T H U 1 2 s M 7 R a m qpv K i n g M I n n I s 'r P . 0 1 ACOM CERTIFICATE OF INSURANCE F.+a... n aouolA July S / 1940 ? TMII OIATVICATE N MVIO AS A MATTIR Or IMFOANATIOH ONLY ANO ooNRMI Raney King 6 Minnie W* A" uroll TIRrnI a TI~MaoE°eD R TMrI OIRTVICATI OM NOT AMLMO. 707 First State Sank 11dSo 0 1MINOORALTIII R 0"eYT"F°o W"NTIS LCW Dapton, Texas 76201 COMPANIES AFFORDING COVERAGE ~COMPAw A ooa Iueiee~ Trinity Universal Eiplel0 GAMY 9 Floyd Saith LTTUi"Y 0 Box 1701 Denton, Texas 76202 ` 00MAOEe urr~ TIII II TO OIATWY THAT 1►SI POVMS Of INS WOW MA K eEFN I/EVIO To T MB EiSVPEp XOMASM FM THE POM OEM m CEATAMCATI MAYBE Wk= OR MAYS EM iMIN~TII~ W'10 eyTm ►°°"T0.i0oucNa ado NN a~wrxm awTO°T L wW TMW IuCWeWNi ANO COMMON; Of eUCM FOU008. VW4 M40WN MAY MAVE IIIM MM"O BY PAID CIAIAa, T ' • Tm OF NRnt+►MO! PONOY WAN" aiTiIIqIp n t+e►EU A" U" DIMOtl+Y OA p~roori~ 1lal=" e9rw4 uuarrY *Mkk AMMAN I 11000 A Y 4L1a74918 6/i/90 s/1/91 ►+~*+►dn+sasean I r k;LIL MAN X *COUP. ra1ol+K I ADYpTIIEq ruue+r E sOQ t x OM►IEITE I OOMtMCT011 I M10T. EACH 0001I1 tVft FINE DAANII $An w *4 / s0 Aw"O" 11 UAW" IMDIC 1L ONRRS WI! w N,MrI 1 ~ 'i , X AlloO+l/AtJTOe TCA6563214 S/1/90 s/1/03 I I 1'000 a~ _ K,M>1DRBC AYT01 R I MM AVro1 MOIFOYMIOAVfp1 WKY I , rf &M UM L UAM 0'w 1„wllq f ' IB+YA01 I , rp, r, Item umm JM NA&d MIIWATI t t , , v r , OTtwll "W p WNUA 101111 JJ 4'Y a r. t ~ WOIKlR'/ OOwMYT1111 ITATVTOItY f I All A Alm IrCa2130g3 + 100 Sl+►GIAOOIDlfh . I I~t ° 4 t r aw+.oraW a uTY 3/1/00 S/1/91 : I 00 Pftw vudy Lrrfl J' i y 1 a e I 100 J ; 4;C~ f• , "Oft"" OF c ( , CEATIfICAft MOIDEA Additional nanre 110N City of Denton V O" ANY OF TIII ASM11 DEICFWV OWNS R CAMCfLLeD MORE TMI VPIMTMK DAIS TMWO/ TMi MvVm "pAW WILL MCCAVOR TO 7 9015 Texas S t $ MAIM DAYS WRITM MOT101 To TMI C WMMCATI HMM WMW To rid Dentool Tyco 76201 a LIPTr eVT FAUN TO WCN NOfiCI at" MrIPON MO OILI4AT10M OR "1.. UA&UfY Of AMY KIMD UNYM ~AMY, If1 AoIMTI OR RIPRIItMTATM ~I.3 : , x ' AET1101MlIM AEJMtI~ITA' 7 ` j' 2 . ,AOORO ti,e pn~ - w Raney OA CORt♦ 0011~8RAT10M feN , /WYfN.1i/M Ar'r. ~ n•~rO Y.W. ►.hiYM1+1HM~A.:WAKi...w..w...~w...,.n.•.~._~n.r.n.M..nti......._._.. r~+'~~un~. .i I ti i~ _ II owl r nr I . . / . CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees, (This does not apply to Worker's Compensation.) NOTICE OF CANCELLATION; Prior to any material change or written cancellation# to of Denton thedCertificate Holder, City of Denton. 1, CONTRACTURAL COVERAGES (Liability assumed by ,contract or agreement, and would not otherwise exist.) Th'e contractual liability requirement shown on the reverse side of this Certificate of Insurance under ; r; Comprehensive General Liability, suet.; include a. definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the l referenced contract. This Certificate of Insurance Is X w required by the governing contract., provided as `,I R POLICY FORM: Required period of, coverage k r1. 2, CLAIMS MAD will be determined by the following formula: Continuous coverage, for-the life of the contract, plus one year (to provide coverage for the warranty, period), begi period for a nd minimum of warr f,iaavy (S1 and a years extended which discovery , n at the= e t period. s } 3, FIRE LEGAL ,LIABILITY: (Required in all aontracta that involve the -occupancy,`' construction or,;alterbEion "oE x> s pt° ,F City-owned :oc~ ieased ,;facilities.) Insuran .',t isr ao 664r ,-'buildings, 1 ;content's', (where aPPlicl~lel And r: Permanently. installed equipment with respect to property damage to structur a til of r and due l } M1 F " if such daaaga' ii, caused. by `oi poitiona -of structures t k;• .t~ y th pe fi e to 'the operations of the contractor.' Limit `,of liability is to be a minimum of $5001000. ? r' i , 1 ( _ 4 f J{ ~ t 'i V 1~" ~13Y i~' r'tf ~145 ~ 1'1!t r { ~l 1y l i 1 ~p• (yI (Y I l y a ) _ Y iyT A 01 BID # 1108 r r i , lt•~yay . r ~1~ ,~Y I \ 1\ a P F~N'l''S, ~n1l•~"~~~1~` e ~e'~1~ + r'r: a ~I PROPOSAL T CITY OF DENTON FOR TH8 CONSTRUCTIO,V i OF IQ A0 G . f WZSTVIEH TRAIL 80 CONCRETE PAVING °I!lPROVE!lBNTS tl rr ~ ' 1 ;.'I a.- ' 1 k' IN DENTON, TEXAS mot;,.,. "The, undersigned, as bidder, declares; that' the only person 'or,- :parties'' interested in this thosexfi, proposal as'~principals are named 'heroine' that this proposal is made without collusion with < ;any°other person, firm' or corpora tton:''.that he has carefully ` ,~,'examinod:the;iform of contract, Notice?to;Bidders,sapecifications:~ ,,'and,, the,"plans '`,therein referred to, and 'has carefully - examined ; classes ;cro ry' r bor p sed mohineaworksandagreesnthatohe w ll'provof materials of ;to'`constachinery, tools will a doa all sr he nw , other aitems incidental. I ork and furnish all the i , materials called for in the contract "and specifications in the.,, manner prescribed herein and according to the r uirements of :x; , the`'City'as'thsrgin set forth :It is 'understood that the following quantities off` work. to be 'done'-at' unit prices are approximate only, and ,'fare Intended, ; • . ~ I principally to,serve as a guide in evaluating bids', ;t tis agreed that the quantes of -work { to be done at' unit prices .`and material to be furnished,. may no { p r,. ieased or "as may be considered ns y r bs t k cessary, in t nished he ,opinion . of the City, to com lets the work' fully asfplanned' and rz thgkt,~~all,'quantiies:,,,.if,~ work ''`orl'd creasstl a to e ! or' In tW;'thee unit whether 'increased;-+ ; or prices set ;forth S rpr he sffpe~((oificattons, It • is further agreed that lump sum prices may ba Ancreased to ;+rl~ cover-/additional work ordered by thelCity,Ibut not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions.' Simi larly,'.;-they may be decreased to cover deletion of work so.'ordered. + It understood and agreed that the'-work is to bedcompleted in full within the number of work days a,tirown on the bid tabulation sheet." + I t '•'aY t r - ' t Ml if F~w'E i~r ' I 1 N ~ I I WORK DAYS 1~ 5 ~ BID NO. 1103 4te4tview Trail 84 Concrete Paving Improvements PO NO. Z • ~ BIO ZABULAlII ' ITEM' DESCRIPTION QUANTITY UNIT UNIT PRICK TOTAL f 1.22 Contractor's Warranties LS JJA= 3.8 8 Concrete Pavement 4520 SY G Barricades, Warning t; rr 8.1 Si s and Detours .2-A Concrete Curb and Gutter 410 W i m 813 60 Concrete Drivewa 20 SY 6.1.2-A Adjust Manholes 3 'f1 EA ;v~` ; SP-15A A ust Valves 3 EA •6A9r` t SP 150 Sever Cleanout 1 RA .'u o f r, Tot&L' Oil 7 i ~'4 "Li M1 f . # 5 '1.~ 1o~ 44 r tv~, I , • ti's.. • 14 M, yt P 2 • Iy r a , 7ON__... a ` t~~ ~ `I ~.St~~?~, r11r~(~:;.~,` " r, '!},^'~13"4L~'~?: "r 1/'16:,, ,t 7 BIDS 1103 K. u BID SUMMARY t } y> lJ.7l.)t• 3 w jS~ , ~,°+1 t41} s ay'~,~,°~yJ 3 i _ TOTALBID PRICB IN WORDS- ~ " j q J : 1 f. i . M In the event of the award of a contract to''the undo-rsigned, the'';' undersigned will 'furnish a performance' bond and aiOayment bond for:"the full amount of the contract,` to secure' groper w`i compliance with the terms and provisions:of the"contract, to insure and it" final completion and Y acceptance, andsto guarantee payment tfor all lawful claims for xf. ~ labor performed: and materials furnished in, the fulfillment of, the`contract& {1 '~rr;~' 1 It"to understood that the work proposed to be done shall be•,~~' ,accepted, when fully completed and finished in accordance with') the plans sand 'specifications, to the'' satisfaction of the - - Engineer, ' The uhdoreigned:•cortifies that the bidiprices contained in tbis< ' proposal', have been carefully chocked, and are -submitted, `1 r correct' andfinal. Unit'and lump-aua prices as shown for each.1item listed in this I proposal, shall control over extensions. Lill, CONTRACTOR 946 1, [ A y.l t~, , rf\ ^_Y, I I•}I .f" 'TYYI~ 1jl . Strs'iE"7C3dress ty;an state rj . } Seal .E Authorization ~ r~' (If a' corporation) Te e~p"hQ// + . one ! + 'f ~ t F . J ; - s 'MA/11~Y~t~►~1F(RJ~,i'+u~.lWiaaw ~i.JI,WV+wtturu..-....,-..._. t,quitl.il~~jjgye~~ ! A i FF i Trinity Univsrasl Inswance Co. 'l'heTr~ni ~Qni P211 a Teinwit UnNational iversal insurance Co. of Kansas, Inc. Dallas, Texas s No BOND KNOW ALL MEN BY THESE PRESENTS, that we FLOYD SMITH CONCRETE CONTRACTOR AND FLOYD GLENN SMITH, INDIVIDUAL i ~f►>wek+ef>xCaNedMxRnclpaL and SECURITY NATIONAL INSURANCE COMPANY U Surely, her"%(c&W M Surety, are held arld firmly bound unto CITY OF DENTON, TEXAS at Ob", hw*k offer c&W Me ONg". in 4w wm of f' FIVE PERCENT OF BID Dolan Wo f bid p~ r payment of wNidt wxn well and butt' lo be made, the said Irindpel er+d ft w Surety, bind ouraelws, ow baits, . 1 oxwjbra, admb,ietretom, a,womm wW aasigrm, lokrdy erld severally, timify by ftw presents WHEREAS, ft Pdndyal hoe ouh. Md a bid fa City Street REpair, Wastview Trail, Denton, Texas ' . NOW THEREFORE, W M conb be awarded to the Prindpef W M wit! rn each time as fhrwly Principal s?lal speafied , In the bid, &*,r kdo a oonbsd In wr&V wW pw bond wkh good and wffident aunty, or, in R» event of the of issues Prko*W aedt on ir, k4o such Canh d and qM woh bond or bonds, k 9* Rin*W ear! pay to ft' 'O*" ftL(*f erenoe'not ~ lo m penally hered between the &T o o apse W In said bid and with farper *nourif for wNch ft t ' in good taMroorwact withsnotW party to pwt m M work ww W by acid bid, t wn f9s obks$on efiar be mA ~ vd i i t Nbovilee W *nWn in fur brat and afied . PROVIDE0. HOMVEVER rieM»i Rk~apel rwr b fie r "ehal be ur*m bound obk'* M& axecubon i .Y of oorMrtJd Ned hxriaA^G a evi6moe of tkprxirg In a marrwr and bens to Ptlrkipa) arily fhef Me r « Y oormtined to cow M 0*0 cat of ft po)ect. 1?v i ,•r 40, Signed end sealed fhie h day of May f9 g Q . FLOYD SMITH CONCRETE CONTRACtUR AND FLOYD GLENN SMITH, INDIVIDUAL ~ (RkidpMl fYev»ssl __~~~%T ` T (Tat l / I n') f'r-y S£CURIT NATIONAL INSURANCE COMPAN + aeaairl tAp`xneY'k~-Fact) ~ o~ - t ki& I, , 1 i { FF TheTrini F.tx,e. Ippompom. ` Dallas. Texas 75201 S h LIMITED POWER OF ATTORNEY f KNOW ALL MEN BY THESE PRESENTS: Tlwt TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, F , %L: ,och a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint N. G. RANEYs TERRELL W. KING s 111# * VS RRNOALL L. NINNIS, OR JEFF P. KINGity t OENTON T E beholr Ndeltty and surety Banda o execute its true and IowrulAttarneyrs)•Tn•Foct,or 1 undertakings and other docum,erts of o similar charocter Issued in the cokmse or ,1s buslness, arnd to bind the respective compony thereby. EXCEPT NO AUTHORITY IS GRANTED FOR: I. Open Penalty bands. 2. Bonds where pttorney(s1•irn•Fott or"or as a party at interest. IN WITNESS WHEREOF, TRINITY UNIVERSAL iNSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have sloth execvted and allotted these presents this _day of f~oR1lAIiY N 97 4" 4-M4_~, at AUTHORITY FOR POWER OF ATTORNEY c Thew TRINITY UNIVERSAL INSURANCE COMPANY on; SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and 1RIMTY UNIVERSAL INSURANCE COMPANY OF KANSAS INC., a Konsos tit C«yoratlon, in pwsuarce of authority granted by that certain resofwlon adopted by theirnsSMive Hoard of rt Dlfectors on the 1st day of March, 1976 and of wh'ch the following Is a true, full, and Complete copy. i ^RESOLVED, 7hot the President, any Vice-President, m any Se'aetory of each of these Companies be and p Owl, + are froteby oath«ited a,d cmoowtred to tno4e execute and deliver in behoN of these Compoxk 05 + unto such person or persons residing within the United States of Amewlea, as nc~y may select, Its Power of Attorney constituting and appointing each such Person its Atto"y•In Fact, with full power'artd outfit. - Uy to make, execute and deliver, low it,, in Its nomn and in its bekialr, as surety, army particular bond or undertaking that my be required In the specified territory, ur.&t such Iimtt«lons and restrictions, toth as to mature of such bonds or undertaking and as to limits or liability to he vidertoien by these Companies, (f ' as sold Offkerit mq deem, Prober, the nature of such bonds or undertakings, and the limas of liability to c d n be restricted to be In eoc6 Ins•once specified In such Power of 5 rA+ieh loch Porters or Attorney pY ~ , e t R~SOIYED, Thai cry and all Attarneys•itrfoct and Officers of the Cam armies {ncludl tstmr Setre AtioLV y d are here tad, and eepmi 4%s s ',',torles, whether or not Tf.e.Secretary is a enbs t, be In by siltorl 0cerlifyk4:- v " verify copies of the ByLows of these Companies as well as orry resolution or the Directoi; Twvlr6 to do y j - 1 + ~ n with the exKWlOn of bonds, recognitaneas, contracts of indemnity, and all ofl+et wrltingt obrlgalory In the ti ,r notore'thareoF, a with regard to the powers of any of the officers of these C&Vontes of of AiyanEys•hi- Foe i. RESOLVED, Thor the stgnatve of any of the persorns described in the foregoing resolution may be loc. slmile, signatures as fired a reproduced by any form of typing, MlritIM stomplny another reproduction of:` i~ the nodes of the persons hereloo}rove outf,orized. ? CERTIFiCAI ION OF POWER ATTORNEY I, Judlik E. Fag rt, Gnepr Senetcry of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. de hereby, comfy that the foregoing Resolution of the Boards of Directors of these Corporations, ced the Pewor Allorney Issued pursuant thereto, are Irue end correct end are still In full force emd 0fecl. IN WITNESS WHEREOF,, I have hereunto set my hmd and oifixed the focsimile teal of each Corporation tl is 216 doy of C 19 . r}~ fr$BA{«`SEAL" fk,atw 4 r.+astr. cotta. seettarawr I Jut V . sesr ,rcv. s-aa k. .l. v-.w~~..~....f..Y'Iy.WYriv.Mh•wY,..1 I.~ .~r~,.~..r-r. r, ~.•+M.. i... .......•u.- 1 t; 1 Raw j { CITY COUNCIL ~ Y .l 1 1 • 4 { i=r{ I 1 ~ ~r~ V ~ ~1 1~) f ~i• 1 ~ r y Y t 1 v; r ly y SSSSV k' 3Y,{rt * ~ ll V { . , ~ s ~ ~~1 ~ 1 4~ ~ Itt ~ 1 Y 1 ~ . ~ y, 1 ~ rl 7 ~ y to f v ~ 1. , ~r } r i [ f ? J 1 fI! i i" t„ ~ ~ a, 1 L ) 1 ti 1~, f 4 1- i 7 w ? CONTRACT At,REEMENT STATE OF TEXAS COUNTY OF DEMN THIS AGREEMENT, made and entered into this 18d ay of July A.D., 19_90, by and betv,3*n The City of Denton ) - of the County of Denton ~ _ and State of Texas, acting through Lloy Harrell thereunto duly authorixed so to do, Party of the First Pact, hereinafter termed the OWNER, and e~'`' ~1 1 ltoofltl'a, 2429 Southwell Road as, Texas 75229 _ of the City of Denton County of Denton and State of Texas , party of the Secon d Pact, hereinafter termed CONTAACTOR., That for agreementalheceinaftet mentioned, and be made consideration of the payments and First part (OWNER), and under the performed by the 'ar~y ~f the even date herewith, the said Party conditions the:Second s Party (COhRMACMR wring agrees with the said Patty of the First Part (OWNER) to COM04CO Arid c hereby `t the construction of certain improvements described as followst omplete s 81d11121 Roof Repair power Plant at $10#700.00 and all extra work in connection therewith, under the terms as stated in the Gereral 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 Perforsance f and Paynent Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or i CA-1 0114: i - .,..,,.Awl t• written explanatory matter thereof, and the Specifications therefore, as prepared by 'rho [Hfynf flnnfnn ThjrrhAnjnq,4faff rpre... all of which are made a part hereof and collectively evidence and constitute the entire.contract. ' SPECIAL CONDITIONS Independent Status i It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be cy 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 Dento4 V -on any and all damages f 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 r This agreement shall be governed by the law of the State of Texas and .Z Venue for its construction and enforcement shall lie in the courts of Denton Fr wunty, Texas. The OONTRACTOR hereby agrees to coesaence work on or after the date established for the start of work as sat 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 agree to pay the CONTRACTOR in current [ands 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 i i " CA-2 r 011/s cis . I 1 1-F 4 ti IN WITNESS WHEREOF, the parties of these presents have executed this ; p.K~•• agreeoent in the year and day first above written. x ATTEST: i Party o[ a tLcet Par OfiN R IBEALI i I ATTES'1 i . t Potty of t e S/COndPart,CTO& ey i! le i (SEAL) i t~Rl1 APP~t0V1fD AS T0, a torney i "4 ( CA-3 y 011/s •r ' ,rte..... ....ten L r CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: ~ di 0 R, Without limiting any of the other obligations. or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered Denton, Owner# the minimum insurance and accepted by the City of coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advan(,;e written notice of material change a or cancellation shall be givenj o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all clams under applicable state workmen's compensation laws, The Contrac6tor shall also be protected against claims for injury, disease, or death of employees which, for any reasons may not fall within the provisions of a workmen's compensation law. 1 The liability limits shall not be less than: o Workmen's Compensation - Statutory 0 Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from :r s,. the use of motor vehicles licensed for highway use, wbetker they are owned, nonowned, or hired. A The liability limits shall not be less thane o A combined single limit of $500 000.00 III. COMPREHENSIVE OENSIL LIABILITY. This insurance shall be written in comprehensive fors and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omidsion of the Contractor or his agents, employees or subcontractors, CI - 1 i I p.c.l. To the extent the Contractor's work, or work under his E direction, may require blasting, explosive conditions, or s underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $5 oo,oao.aa IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than; o A combined single limit of $500,000x00 ~k INSURANCE SUKKARY: r The Contract 'shall during the provide insur~+nce to cover operating hazards 9 period of placing the facility in operation and during testing, and until such tine as the facilities are completed and r accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by ` the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. it is expressly understood that the Owner does not in any way represent that the specified limits of i liability or coverage or policy forms are sufficient or adequate x to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting fron any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writings Any notice to proceed that is issued shall be subject to such approval by the Owners i CI - 2 .~uF+MI~LC1/~I' .l.t).Of 0, Lf Ir c:f . . _ L ~ i i I i mama F1 CERTIFICATE Of IMAMAMCE CITY OF DENTON Mare and Address of Agency City of Denton Rafer*na: p.c..~ • ~ Project Jllaeu: Project No: , f Phone Project location: Manapiro Dept: _ Mane and Address of Insured: Companies Affordla9 Coverage: A B s Phone C } This is to certify that: 1) Policies of losuraece listed below ha" peen issued and are IN f(ree at this time. 2) The City of Denton is listed as ae additional Insured as to all applicable coverage. ^ ny Expiration limits of liability L t r T of Insurim PQ I T C acerahensiivve 6e+wral liability occurrence - Claims Made (see 84-Pape C14) Bodily sajwy ; Brad Fors to Include: Property O"" ; - Premises/Operations - Independent Contractors s~ Products/Com plated Operations Bodily injury and Property Cont Cs actualjLiibility(see 13-'age CI4) D+eWe Cabi hod - -Explosion and Collapse Hazard - liquogmliaMbijnltuderage legal L►►abil ty (see 15-Papa C14) I -firs fors Property Damp Broad Professional Furors/Omissions - occurrence - claims made (see 14-Pape CI4) s li fink lvr Automobile &W ly law Mceldaeet ~ i = MoA~kds9tomobilesles Property DNA" Hired Automobiles MWI ley Iry roperty om C4016 ` r - ibrters' Carne atia and tatutory Arouat Essployen' l ah l ty - Ohms' PootRetive liability ; s 1 0 OtMr Insurance I - Description of Owatloes/location4/01110e1. lack rp~p;ilcy shall require thirty (30) days notice of cancellaHom, non-rMewl, or mrterlal eMW IN coverage. (SM f20 tape CI4). Mae and address of Grtificate Molder. (Wt 11 i C0*01110A6ENiTEKAS 4 901 TEXAS St. ' DEM10N, TEXAS 16MI i SEE DEFINITION$ ON PAGE C14 ATTACHED. CI - 3 i i ell, FF ~ f 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 , %owe 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. kf 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreemsent, and would not otherwise exint.) The contractual liability requirement shown on the reverse side of this Certificate of insurance under Comprehensive General Liability, must include a definition of coverage bread enough to provide coverage for obligations assumed by the contractor 'in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous - coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years, which y shall begin at the end of the warranty period. S. FIRE LEGAL LIABILITY: (Required in all contracts that r involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage ;to structures or portions of structures if such danige ;is i+ caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual :members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. ( r CI - 4 { i 1 ty ' r, i t PROJECT #31061290 PACE 1 or d BID# 1121RLROOPIM AT. DEBT M ELECTRIC PRODUCTION PLANT CITY OT DENTON t DM1TO5r TUAS r J Sun Ch~amerC, aj Roofs; Inca RAMS'0►, sIDDQs DATEt'~ t. JUIP 101990 . s NS. DENISE MANNING CITY OT DENTON t 401-11 TLRA3 STRUT i Dilll'ON, TZXLS 16201 . ` rJ Dear HIK Meaning 1, The. .uustaia i arwof tboi ioance, vith. row adrartis~t for lids! for- Rsrootint on ori* buildingt DENTOiE ELCTRIC PRODUCTION PLA1R, 1101-L SPENCM ROAD. CSTY'O1C DE1iTOll; DifT01FTIN" have oxminedtthe Vrowingi'and "ifications, together with the related doeusieats ash all conditions wusoua" the work, and baring visited the k sites of the proposed work, hereby, proposes to furaiob all work in every detail is accordance with the Contract Doculwsks with the tine set forth herein and at the prices stated below. The", prices shall corer all expenses incurred in performin the work undar.the Contract Docrumuts, of which the < Proposal i+r a part. r Attaesedrbesewitt►~w ji'baseafilli. (Ci.biis}s~`Cila4lt) (Cietifie4iCbeok) (lid~>toadM la `thsrswnat.e!,,; 535.x0 ~ . plf eesl~'(~,r) ~oL`~ tlN~sbt~d'r~ .~it•~~+IMt S~`'~r.~~~~. lit ~r 11t~t r I -r~. r ; A ~ ( ~ ' ty q. 5' 4.,1 • +.1T.f, .l r41r~•<t_ r•~~Y tt~~ At r ' Z;{or.~we) aakao~rlad ►reeeipetoL'tbotfelIivIM-,addalat ADDENDA #1: _S. f(Iuitialj ADDENDA #21 , (Initial) t, 1 ADDEIIDA #31 (Initial) ' 't t Z r 1 F"~ .'r: ra•`ir Atlw N;J.r~1.% ~ r s 'PROJECT !31061240 PACE 2 or 4 ~ HID 1121 RLR00lIl:C AT DEMI>'iY ELECTRIC PRODUCTION PLANT CITY 07 DENTON DEIMM TEXAS 3 r ~ CONTRACT DOCQMMITS: Having examined the Proposal. General Instructions, . Materials,. lxecution, Drawings,, and Contract for Project 031061290 and Conditions, for Reroofing work, and having examined the promises and eirewastances affecting the vork, the'undersigned offer: 01p 1 1. To'furnish'-all labor,,wa trial., toolo, a"ipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perfom all work for the raid Reroofing for the foLloving facility: BASS RID - ROOF AREA G:' 17,70x, U"%T PRICE r 1.30' 1. Rseovi and replace deteriorated nailerst par linear foot. 1.' Install 5-inch Joss Root Drain:: 1~ 003. saeb. ' 3. -Additional cost over and above the contract amount for.wekend or overtime requeaNd by the :nest 43 30 :per man per hour. "r QUAI.iFICATIONSt +2. 'Contractor"shall fill•Le below miarial manufacturer's ce"Afty name of matbrials being bid on. Hyload Coat-Tar Membrane: r,-, M6 rod 'S Fettle %,i, t ..5 1t r' EXAMINATION OF SITE t, 3.;,.% aLgaLa&,tbe HID Farr, Contractor +x acknowledges he. or ani;authorized. representative has examined the roofs and is' awe" of ell field'eo+tiditio~s (rooftop equipw mt, penetrations, root drainer, ' ete4 vlieh max,affeet { ek. / /.,y`~S (t.. 1 s~ ~t~ W~ fly r ~'~•r ~ n~a4 h~,~., z1 ~ ~ ~ ~ ~~~~~ct /{pP r' ~s1 t 4~•,!}1ts'~~'~PCi«~. ~ 1~r ~ + ! ta~f>. , " TAUS lr' 4 ` ? 1 inapt Xu~bet w, ` a~frII be used cn, this. projeee Tax Ishould dot be included is rout;, id. f'<t ~,.,+L ~ i.t ,mil ~p~ ♦~wjl Jr t. ~ d ;'r r"3'kti'r ~~~Itr~.~,~it7'~ ilk J " i' + J. i I' ♦ .1 115*!} -Z rt 1. !y~'•., r~ t~'rk sryr ~l~}~ t~~,'~''~r J i'"' h 1✓ ♦ t 1 1'~i. «'Y r~t~' r, f '•1.. + ` s ^'ti1 ~ .ft . a ~,:Z Tfi~ 1 Y,!<.~, ! N•y E\(~~~, r r PROJECT #31061290 PACE 3 Or 4 BID •1121 REROOTINC AT DENTON ELECTRIC PRODUMON PLANT CITY OF DENTON DENTON, TEXAS Upon receipt of notic* of acceptance of this bid, within thirty (30) days of the dat* of this proposal, I (or w*) agree to execute the form contract within tan (10) days thereaftor, and to delivsr:a SWITY IOND in the amount of ONE HUNDRED t ,paelp (10031, of the contract,price,for the faithful performanee of the contract, Sad & On 8U'ADRED PERCENT (1002) STATUTORY PAYMENT SM. } The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits sat forth below subject to additional days that mar rm added duo to inclement weather and/or other justified and reasonable extensions or tine as may bt approved by the Omer. Contractors that are awarded contracts shall-be prarared to faediately sit down with City Of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion%bf all work within, specified tiws limits. Tb*.timo limits are as followet it a'coniractor is awarded this project, project scat be completed within fifteen (19) calendar days,or contractor will be subject to penalty-as set forth in the } i specifications. TU ORICIAL YtATKn RICORD PILL It K1[PT 114 TU CITY OF DENTON DIRECTOR Of ~ulxrEleAkcs~a oTTlcg. , Tb* undersigned asreos that the owner may retain the svm of T1=1 VV NM= DOLLARS (a]OQ.00) from th* amount to be paid to the undersip" for each calendar day that the work contemplated rews"s incomplete beyond the time sot forth. Sundays and golidaya L1ICLUDiD. . This amount is *stood upon as the proper msasur* of lignidatod damages which the l over will sustain per day by failure of the undersigud to complete the work at the stipulated time, end is not tar. be construed in any aerie as a powlty. Kia,•],\5;1.•~r111V 1r'~toyi`~ t{ ` 1 Jr. YA1~~`i'±`{Sµ~i1 ✓"j^ 'II~• 1 isI } r4`: ~J y Y1•1 •J.rr* •~r ~yrfyl~f ~1~ 1 l \ I I l1, 11 {r' I • - . i' l r ~ ' ~ . ~ 1'x.,1 t + ~ ;'S.'. s ' 40([ ! 1 1 PROJECT #31061290 PAGE 4 OF 4 BID 1121 Rmoorim AT Dzym ELECTRIC PRODIIC'l'I.m PLANT S CITY Of DUTCH i DENTOl1, TERAS 1, (or we) AVG* to proagtly furnish a correct and current financial atatemiant of, condition with list of owned egaipmat and. an experience record of completed psojecta,for exadnation by owner and architect, it sea's•is required. nhzL (Ii by Corporation) SVblfITTED by / President 9. Southwe11 Road E ~"Is, Texas 75229 Iadleata~ifr ).'Psstiie~am (2,Corporatioa O.Sole~ Omer g rr s pastnirsiip, liar nmmwandr~addrerios of partaarat If T atioe,•iadioate state is i Meb corporation V" organized 4" to existint lsineipal Stoew"Id"arat . (1leea and Iddrees) k t ve 4 ~Ieb te'r.2419;],Southwell .Road, Wlas,, TExas 15229: j a 7~ ♦ ''~L~ ♦ y, ,`I~Y r }.r •'.~[~1.1 ratT ~r~:t/^ JI L(~~ r '~y'.{.~ Jf, T ~a r'('t. ~r1 I. r 'ply h}~ f a r♦*,~..~}:S .z:I~rF+'4. •r.rirfTri'~~ ir~~i ~j t~'.~: S`~„4 S ` 1'.L 4 ~,f e / ~t~n,y4. Y~i~tr 4f ]e} a~ .'s ,A . •/t~~r'Sf ,',(trAl ~/1. y~~i{i,~ r: J4 J~1,~''z i ~'r J, i~ t.,: r„ ;~(,,/~e/,+i:'~~1~,1 Flt.."~f it y~~J {{~y~!~`~,Lt e,~ •,i r ' i, 10 I~4~ t`(~1~ [y1 J1r`11,;,~ a; rL r~~r;~la r i ' G' 6 T 1. -rat [ V;i, / < i~ la [ ~ .♦r ~ r'..' r ) '~S r f '1 ~ to I'- J ~,~{\~.r: i~~ nil ~i rd r, i + ~ y r ~ ♦ <n , ♦ 5 1 y1 ,i~/'t r ♦'.l.. J rit. ✓`r yai Yn S;~ l A' . 1 .v Lr, t•,Wt' ik VVI1 VII.1 • ' P~004JCER TrEE CQT/IWTi MAE A YA._ TTI Ol011YA11 Y •_OOW~M No YDMts SJION TIEt T1fICATt Ii00.o{14 txn C n OW t4T UWVV Boenkar Insurance UT&OtoALM Ooftm I EY KL 6016 Jackaboro Hwy Fort Worth, Tx 76135 COMPANIES AFFORDING COVERAGE A A OEM s W#Ufto Steve debater p 2419 Southwall t Dallas, Tx 75229 p 4 MAW ; lufAmm- suss Autw '"'y"'~ w "w ~T~w~'°"Ar►oaocoi SKA ASM FOR TO I or t POl1CN roue ppp TYPE OP EtSAANDE POLICY NUM A arm bar pRrrq UAW" L4RS M Tl10USAlOi . ~ Aaeaan 1 GOWPIAL UAILMY ! II W PIWIlLp~FMT101a ~aPau~T,o~a ! ! Q, OOMWTUAL moo" xT cart~►croa ~ V60 FOAM PAOKAPI WA* k poem WAY AVTOWNU LABILITY , i~►wov ANY AM &L M&M km rm. F033) &L We WN IaAm Wx4W A30 AUTOI TM ! i I WAAla LVAN $300, 9"" UARILITY UWW§UAION ",EO ! ! 000 PM VAM U FOW n,~n,rar+ womm", COw►ENLArom , AM wLOVW LwarrY pllMEbpieVLOM~ kjFW- DI ON OF OPSPATIO W0-0A LWECIAL RM 1 1 City of L Denton wDULO ANV OF TNI "M OIYAM POUOIES M CAMMAM WON TIA WA ►IRATIOM DATE THIAEOP TNI uSUINO OOWANV WU AMR to E Municipal Building mAi oA wMtTIrIIl0 ito rAo atlA mys TO "m Denton, Tx 76201PAAU'~TO wuLwaO woTxlAUarou oNOI oeuAlamr 1 COWAIN&M AP, D I 1......1 r...•.. - - - I J 1 . 7 71 ~,vttir ■ ~ i ~ i CITY COUNCIL \j1 rir 4 7a+ t 1~ it r P T.. ; I~j J 1. .r.J ~ ~r C t~ 1 4 + 1 r M `9 r r C 1t1, ' l j 1 , ip, w jjjjjj 9,t 1 4 ti s, 'r tr r'i 1 ' roll- it r ~~r I t CONTRACT AGREEMENT y STATE OF TEXAF 3 COUNTY OF DENTON )1 i - THIS AGREEMENT, made and entered into thts 2l day of AUGUT AeDe, 19 900 by and between TBB CM OF DEtI'l'ON of the County of DENTON and State of Texas, acting through LLM V. BARIELL thereunto duly authorised so to do, Party of the First Part, hereinafter termed the OWNER, and, BOX 17109 ROAAO[E TEUS 76262 of the City of DENTON , County of DBffM TEAS , Party of the Second Part, hereinafter and State of termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by. the Party of the > ?first part (OWNER), and under the conditions expressed in the bonds bearing y w even date herewith, the said Party of the Second Part (C6NTRACTQ0) Niiiby, 1 - agrees with the said Party of the First Pact (OWNER) to cb'wance ►nd,coaplete.: `i the contitruction of certain improvements described as followst. I I tta , BID 1:1128 A]MEAmEt SaEB! DhA'ItIAGa .190.634.50, r'a r! and all extra mock in coMectton therewith, under`t_hi lettir" dr rt~ked in the General Conditions of the agceomentl and at hlr (or'their) ovn piopor cost veld toAiitl ,1 expense !o Iutt:ith' all materiaU, aupplias, eachlniry(; ,equipe+nl, ; superintendoncer labor,, insu[artica$, and other pccesioPlH • services 7c R, necessary to complete the said construction, in accordance with the conditionf: ncs,with'all and prices stated in the Proposal attached hereto, er:d.Ln''accord the General Conditions of the Agreement, the Special ConditioMr the lsotice to Bidders (Advertisement foe Side), Instructions to eiddersVand the Performance and Payment Bonds, all attached hereto, and in accordance with ;,.tso plarlse t, which includes all maps, ekings and plats, blueprints, end other dr printed 8C 4 Iy E L CA-1 0114s .I 1. r ' I t L , t written explanatory matter thereof, and the Specifications therefore, as prepared by The City of Denton Engineering Staff 4 all of which are made a part hereof and collectively evidence and constitute the entire contracts # SPECIAL CONDITIONS Independent Status it is mutually understood and agreed by and between City and contractor and shell not be ' k nd en e Contractor that Contractor is an rodpe ` deemed to be or considered an employee of the City of Denton, Texas, for the h purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. f 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 ;n under this agreements Indemnification 4 Contractor shall and does hereby agree to indemnify and hold hatmleas 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 anter I error, omission at negligent act of Contractorr its officers,.`a9 employees, invileea, and other persons for whom it is legally li0le, with * regard to the performance of this Agreement, and Contractot will, alt' fts cost a and.expsnse, defend and protect the City of Denton against ahy and Ali such t y claims and desands. J` .w f chaibe of Law and venue rrt This agcetment shall be governed by the law oE,lM State of lizaa acid {,r ,venue for. its construction and enforcement shall lie ithe Cburta o't DerEloil County, Texas. t ~ f , 1, ,tr~•, es to c., ence work' on or after, they date The CONTRACTOR bareby agre established for the start of work as sat forth in wcltten,e►oEice !o ;commenbe is work and complete all work within the time stated in the ptopoeali;subfect to such extensions of tine as are provided by the General aM Sptatal Conditions,' Ty , The OWNER agrees to pay the CONTRACTOR in current funds the price; of pric'os shown in the Proposal, which forms • a part of this. contract, ad h% payments to be subject to the General and Special Conditions of the Contract. 41 CA-2 1 r, ,f 0114a r. % tr, i ' r } I r i IN WITNESS WHEREOF, the partiee of these presents have exrcuted this agreement in the year and day first above written. f ATTEST; ; Cl r P Pare of e F rat z , OWNER , `a y i J.LOYD V. p14t;ir.7., CITY MAAAGBt :n {SEAL) ATTEST! J /A~ d' Si1lQfODIR OOIP~AT 011 ♦ ~ , :f TRACTOR l=Y' Party of the Second Part, CON Title a(~ q ' ` i r r ' t l {SVAL APPROVED AS TO FORM: - { i Attorney j i y , ~{r P tl. t 1 I x r _ a. ~ I 1 u r~Y 1 L V Z v i f l v ~ r ~ 1 r l r i r' ~ l r ri 7~r r ~1' r ~ r i ' ~ r, '1 ~ v )F. ° E/`r ~~5~? " ~~s47~y1, 1r h f t r CA- 7J F 0 a , . r i i t' . \ r y MOM Owl 1 FF M fro... PERFORMANCE BOND i r 5t ~ I STATE OF TEULS X COUNTY OF Denton INOW ALL ?ZN BY THESE PRESENTSs That s ~/JxIT!/,Z' 1,7tly - of the City of County of , and State ofs as PRINCIPAL, and as SURETY, autbori=ed under the lawn of the State of Texas to act as surety on bonds for principals; are held and firmly,', bound unto the - City of Denton Texas as OWFx, in the penal sun of - waty Thousand. Six Rundred Fifty four and 50/100` Dollars (t g0.654.50 ) for the payment vhare0 the sgid Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents ` 'v WHEREAS, the Principal has entered into a certain written contract. 1, s with the. OidJHI, dated the _ day of August , 19 for the construction of r t f vhi6 contract is hereby saferred, to and made ; a ,dpart hereof as iu11r and to the aaae ixtiat as it espied at lan3th neriin. 4' NOVO, THERSTW, the, tonditioo' '6f this obligation is~ auc6;•"'tM iftM, h1 " r` a laid , P#06ipal owl faithfully perform said Contract and, shall is ail rupeeb; , conditions and agreements in and by said contract agreed and coyeaanted'; by the' Principal to -be observed and performed, and according to the true Ahitent~ and masniog of said Contract end the Plans and Specifications hereto annexed, than this r obligation shall be void% otherwise to remain,in fall force. and effect? s y J 1 1 i. r t 1 P 8-1 j' t , 1 I ' N i .f'.. ;j rnr PROVIDED, HOWEVER, that this bond is executed pursuant to the r 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 sere. bond shall be determined in accordance with the provisions of said Article to the .4 t same extent as if it were'copied at length herein. z PROVIDED FURIHFR, that if any legal action be filed upon this bond, t venue shall He in _ County, State of Texas. Surety, for value received, stipulates and agrees that no chnase,, < extension of time, alteration or addition to the terms of the contract, or .toIthe work performed thereunder, or the plans, specifications, or drawings accompanying i the ease, shall in soywise affect its obligation on this boado and it 'does hereby waive notice of any such change, extension of times 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 instruaant this 4th day of September 1990 . n/~11 ZIJIJQt~fz/) Seaboard Surety Ccapanq i f Principal Surety By r. .k Title Title Atty-In-Fact .R R Y , Address d Address 5750.'Pinaland t Su, 304 Dallas, 1k. 75231 {I, i((+(v t ~It i Y 9 ¢ }j~'' ! • r , Y IY f; , . ~~SFAL) ;(SLALS , t r~• ~t ~?'new a :ddrue of tlss Resid Pd eAt eat of Witty t r ! i e kv. •r r;y' " , Frank6iddons Insurance Ageney r. t 1 P.'o. Box 21x5' Adatia, Tx. 78768 NOTE s' Date of Ep'nd mu st not De prior to data of Coatrect. i .r ry rr J ; r t' irl 11 L♦ t r r i 11, L J v t• , F: 4 1 i Certlfied copy CCCC 63 83 SEABOARD SURETY COWw" No. 10722 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY ` KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made. Constituted and appointed and by these presents does make, constitute and appoint R.F. Siddons, Jr. i or Steve Siddons or Robert C. Siddons or Robert C. Fricke or Philip C. Faletto or Bettye Ann Rogers or William A. Grote or Linda Couey of Austin, Texas Otwts struiandlawful Attorney-in-Fact, to make, execute and deliver on itstxhatfInsurancepolelea,aw tit slnN►xnatweas follows: Without Limitations m Such insurance Such insurance poice bonds , undertakings and Instruments for said purposes, when duty executed by the aforesaid Attorney- in -Fact, "It binding Pon the said Company as fully and to the same extent as if signed by the duty authorized otracers of the Company and seated with its corporate seal, and all the acts of said Altorney-in-Fact, pursuant to the authority 1 hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following Bylaws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and In"Ing January 15, 1982 and are stilt in full force and effect ARTICLE VII. SECTOON r: r;. a'Poacs.s, bone,, rocwAtancm sbpulaaons, Consents of .idly, anwerwr*" trodertak1hp ntd frah ienb "11" MtNete. DobcYS.~+ds.recrgn;ranch,ttipulahorn,umsentsoraumyanduneerwritwrv~un0ertaknpsottfreCompany,anarete.sea, wruVi retet4 q in any way t wmo or to any claim or loss thenw-der. shag be ogw in ov name"on b~ or the Company praernenb endgher fa} by the Chakmanofthe9owd,04PrssiderKaYice-PresWant aaAesW"V!tePr",dentandbythewrewy.anAm'11int$pcretary,sResrdalt; 4 Seuet" ewe Res'Cent Ass starN Serrelary or (b) by an A1Iof y4rrrw for the Company appointed end authortsed by the Chaarman of the 600ra the y - President or a Vice-Prsvdenl to make such ei rure; or (c) by such other obit" or representatives at the Dowd miy from time to time determine: The seal of ft Company shaR d appropriale be affixed ttweb I by any sucrmofr¢er,Attafny-rn-fadafeDnsentatiie^ w, IN WITNESS WHEREOF SEABOARD SURETY COMPANY has caused these presents to be signed bar one of its Vice- Presidents, and its corporate seat to be hereunto affixed and duty attested by one or its Assisrsnt Seuele6a , this dayof .November ..28.kh . f~ ~rwvr,~ f 1927 Attest: SEASO D U TY -0 PANY: . r ' Ely SWE -OF NEW JERSEY Y rarPraa+dent as. ' 06 this 28th BX eegan ovetabez , 19 3 beforeme Michael SURty pp Presnfenlafi-SEAfsOApD with whom I am rsona . " Pe uy aoqualntcd, who being by me duly sworn, Bald that he rft idei in the State of N6W .%Tje tsay that he is aVmce-Preslidenl of SEABOARD SURETY COMPANY. theoorr-0.4Wndescnbed In"and } Instrurna ji; that he know: the corporate seal of the said - +~1kh e~CUtOd ttte fore~offlp ~orr~enY,that tfteteatal}ii od to' aatd hta.Irutrumeytt s _ 13 such a t1eaY T SiI4ftwassoalfixeCtiyorderity. oeidofDirect6rsofsaidCompany end thatf>a y~ f aafd Compan + like authority. r ! thereioaaV> tdgni0 3 c,.`rf ~E 1.l ZUR~YCiQ - i ( + 1C3~a l Ci N.W JERSEY N , r r S~ij ~ratK # , '•1 •C ~l CA' 7M ~X*4 / t/rr +l CERTIFICATE _ , L he ~a iViod Asslstam Secretary of SEA BOARD SIMMY OOMPA VY do he aJ~lt,Immaridccrmd o%w9wtyirus Pr" *Mtameyo v*the64 rPoi*i 11 copy, b!n hAl fdra emir eNsd on I>•e a,h d His Certilica`e and I doturther ) Ahormy was one 0 the Of ~ra tuthor:ed by ft Board of D'r.aore to certyr as p profhb vK Arride,d ! $ fhb iek Pores of t` UASOARD SURE TY COMPANY..- aPlx of an aitorrey krtact as ridW et MGdfYll, eCticin d ebon 1. of dab Lars or T" CestiritrN maybe &W*d and sealed by fatsknila winder and y r y Directors of $EAWARO SURETY COMPANY at a nd ~ n at the W W 4501t ion of the Exacutfva ConlrrrlNe Of t1N Board of meeting duly tined and Won fhb 251N day day With 1D70 RE54LVED f21 Thai ft use of a pr nkd fatsimRe of ft corpses seal of ttia com"My S Ikrpoloatfon of He horizling M f of. copy d an lnaftirnent executes pY 8ts ~realderti a.1r °f tun of an $ e1h ' Mpowp and rr attorri"t, secti stem In 1M harts ant on bet+aM d Va p~h! to Artk t $etytpn of yy gy NStnrrgnts Oescri Nd Md in n andA+tide L~11 section t. Cotsmpamy twrerybamda. w+da talon with F~7u eked M rY hwfi lent and s.kh ' " Md been rrarMg9;?aMuad tvmd ina~ hej~y * aiRltOrkoQ ana aPpr9vad,` , . _ IN WrtNEl39 WHERE I ve Aereunto set my t a day of Aorporau deaf dp,Con1PaM is these Ix+3seni: thh % fort of Ifxf ai"nticlty N th s Po %~r of Attorny you may caR, eolleel, 201-6,8 3500 a b ask for the Pownr of A!tor SeW.j P ~r otAtlo nay number, the i bove named indWLays) anddela'ls of Erie bond:owhich the power is Cached, In New Yo k, D'at 212-627-5444 -54~~1 f~bwer L V. + 1 I W ~0 PFI r fw"# 0 16 PAYMENT ROND f STATE OF TEXAS }c COUNTY OF 4snton KNOW ALL MEN BY THESE P&ESEN`TS9 'Phut Of the City of ' as rincipal, tad County of ,and State of P - authorized under the s of the State of Tessa to act as surety on bonds for principals, are held and firmly bound unto Zhe city of Deuggl e,na ci: 9wdra r. , , 01iNER, in the penal sus of Dollars Yi~ ftv Yout for the payment whereof, the ssid Principal and Surety bind themaalves and their i` heirs, adainistrators, executors, successors and assigns, jointly and saverally, by C they presents { a WHEREAS, the Principal has entered into t. certaie Witten contract 19 .44 ; with the owner, dated the 21 day' of iI hereof at`fully•aadrtb the t; ,e J 1 to uhich contract is hereby referred to and made a part, tent herein. yi !f copied tt'length 5►. a'+. same ex as ObLi0A1ION 29 `SUCH, that if Ehe THEREfon l THE ' CONDITION OF THIS acid Principal shall pay ah claiMets''rupplying labor emd Ktek"I to hIA of a ' subcoatiadtor in the prosection of the, Volt provided toi in said ',coatraots,'theo , this obligation shall be mold, otherwise to remain is full force a',id'effectj , that thin bond is executed pursuant PROVIDED, H04iEVFtI, provisions of Article 5360 of the remised Civil Ststutae of. Texas as siaddad, by; the ec atis Le islature, Regular Session, 19599 and'dll liabilities ~5 c le ti o of' s of the 6th ' E .ed in accordance with the provisions aid • Atli bond shall be deter>,ia on "as' as if It were copied at length herein. 1a a ~Z n, sac t T J 4y v , Fnr F` Surety, for value received, stipulates and agrees that no change, f'i`°• ~i extension of time, alteration or addition to the terms of the contracts or to the i work performed thereunder, or the plans, specifications or drawings accompanying tht some, shall in anywise affect its obligation on this bonds and it does hereby i~ waive notice of any such changes extension of time, alteration or addition to the terns of the contract, or to the work to be performed thereunder. IN WITHN SS WHEREOF, the said Principal and Surety have signed and t sealed this instrument this 4th day of September , 1990 Seaboard Surety. Company Principal Surety i By Zr_~ J Title Title Atty-In-Fact 7 ' Address Address 5750 Pineland Su. 304 Dallas, Tx. 1523' . , (SEAL) I{I This Hare and address of the Residen! 'Agent of Surety ist ia~( ~ ~ III _ - • li ~ ~c Frank Siddoas Insurance Agency ~ ht, , • t r:,O.' &5z, ,etin~ Tx :'78168 w`~ 4 Xet j1- 1 00926 r~ r t . y r 1 },~r,r ~ , ~ Y, i { 1 rr ~ c f I 4 I r s F' CCCC 6384 P rv, : , Certlflad Copy SEABOARD SURETY CONV' No. 10722 ADMINISTRATIVE OFFICES, BEDM)NSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETYCOMPANY, a corporation of the State of New York, has made, Constituted and appointed and by these presents does make, constitute and appoint R.F. Siddons, Jr. or Steve Siddons or Robert C. Siddons or Robert C. Fricke or Philip C. Faletto or Bettye Ann Rogers or William A. Grote or Linda Couey of Austin, Texas its true and lawful Attorney-in-Fact, to aske, execute and d*Wofon Its behatf irhauranee pofkles, surety bonds, urodertakk* and otmr trtshumerlfs of stmtlu nature as follows: Without Limitations 1 , i Such insurance policies, surety bonds, under(akirip and instrumerts for said purposes, when duty executed by the aforesaid Attorney-in-Fact, snail be binding upon the said Company as fully and to the same extent as if signed by the duty authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby 9iv*-, are hereby ratified and confirmed. } This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendmr nts to and including January 15, 1982 and are still in full tone find eNeci AATIUE VII, SECTION 1: '►oaclee, Sonde, wvgatavice I, a vAtlons, coneenta of aunty, tr4w*ftno w4ertaklIvs and awtrllinents nfa" I1,0ral0- Inwranu i~olK es. tande; ncopn'zances, triouloorw consents of surety and unM r W Wiry underlakirgt W tort CWripany. and nlakm. pieeme nb s rW otMr writings relating in" way Hereto or W wy ctalth or Joss therounder, shart to igned in them" and on beW 61 the Company (a) by the Cho ma n of VA soard.lM Pre%4yc a Vita-President or a Res der>t v cs Plea dent and by Una Secreury; in Aftsrstant SeerNary., ResWrA Secretaryor a Res4W AalalaN $ecreta7. or (b) by an Attomtry-in-fade for 1M Company ♦Opoinied and tuthOrued by tAa ChNlrman cf tt)e 9oard, the Prosiderll a a V"-President W make such signature: or (c) by each Ww 09"rs or ravreuntati.es as the 9ard retry Il t me to firt+a determ ne Y The seal of the Company ii it apgroprLate be arli.ed V reto by any wch tfriew. Arto nay-1114W a repraurldiye . IN VhTNES3 WHEREOF, SEABOARD SURETY C0Ir1PANY has caused these presents to is signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by txhe of its Assistant Secretaries, ilia 2 Sth day of ---November-1 ,19.. 89 fir. e'''ek SEABOARD t1 TY PANY. - ?tI«2T L Attest By r grace r , 1r~ . Ass.aG stay V= OF N 1IV JERSEY ss COUNTY OF SOMEASET ' On this _2Eth _ day oll .,;NovroA or .19$.9 bet - iThe pbt3d+h4 appear;4 = ::..Michael .B.;,Ketagan aVite-PrettdenlofSEA80AADSURE'TY ~ with Whom l site per tonatty acquainted, who, being by its duty swCri+.114 , the/ hb tio0des Siete of z Ne14 Alex that he is a v'1ce-PresideriI of SEABOARD SURETY COMPANY, the carporatiovi described in erwJ wtjl t exewted die fiX6gotng gorse,Seal ofthesaidC.hmpany that theseata(fucedtoacidIrl_' -_tt ntissuchrWporafe}ea► r 1 thatltivas meat; sosffted order of the Board ofDirectorsofae?dCoapar:YeildthalhesrgnedhbnamefheTetoslYKe-fsr8sfideNtlt _ (sdSdCorn thattxke knows the a~twriry. fc":Cf tt Zu sly*I l N'61 L i f;:V1 ± 4SfY L1ah (seal) Kale . ;a ~h M t CERTIF.fCATE 01 sheunderty~a IsaWarxSevet"dSEASOArteSURETYCOMPANYdolrebyceeiyihal .orgnalPowerofMtomeyotihkhhhafore p _a I Wr, I "A and corm 1 ropy Is b tar tore and Ow on the (ieta of this Certificate gild I do NOW cart ly lhat the Vlco-R aid" w *4l;ti fad Ina ire Poww co -ir At4orrwy ru ones co the ortiom "hoe lied by the Board of Dreefors to appoint an sthxn&y4n-frcl as provided in Atide VII Sac0co L 0 tfa dfrAi a of FF SEA90AI0SUPETYWMP00. T his CerUReats may be e.`gned and sutad by floor r v1a under and by author, ty of the loaoww+g rasosutan Or Ina Ezeartna Canm[tat d Ina Bard d oiracWts, of SEABr3ARt)-St1RET V COMPANY al a ""ir 0 daily tallied and held on 1M 250 day of March 141Q 'RESOLVta (2) That 04 uses of a Printed faerirtdha d V* CorPd * IMfI of the COmpany uW of thif spnaturf Gf an Asaltartt Sapatary oe my terrific/ Boil Of tM torreefngs of a copy of M tnetrilme of esacuteE DY She Pres~A or a Y(ce-Prsibent Purfulnt Id Acl+cla Ylt. SacQoa t, d tM b~-k.arrf bonds undkY.[dr+p w+dNial Inge Or otfr+ sppokirrq and &wsoriiv4 an aporrry in taco to sign in tM name find on behalf d t..a Coinparly aun411" ra Inalnxne 0 described n mW A.ticis VII, Section 1, rY lh We sMect a d such seal end each aignahdo h►Q Dedn lnanllrxy aMxe4 find laid,, tiw'h1 ~ t autholfead and OW Yad! i IN WITNESS WHEREOF have thereto my ate seal o11ty13ompany to these pterallta 7G/ r For re If the authenticity of this Pewervf Afforr ey you inay Call, collect, 201-6583500 Ind ask for the 0xw.wof AVorreyclerk. Pleaftordar "09"r or Aitnrney number, the above na,red+rdividuat(a) aM d;:tails or the bond W which the power is attached. In New York, Dial 212-621-SM4. f r. 1 ~ } • MAINTENANCE BOND f, x' P es:, 3 STATE OF TEXAS COUNTY OF Denton i w MOW ALL MEN BY THES PRESENTSs THAT 4 as Principal, and a Corporation aut r z to o us ne in the State of Texas, as Surety, o hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sun of and 45/100 Dollars , o i the -tots mount o the contract for the psyaent of whic sun said principal and surety do hereby bind themselves, their successors and &assigns, jointly and severally. This obligation is conditioned, however, that: WHERUS, said has this day entered into a written contract wit t u City o entoa to i and construct bid 01128 - Alexaador Street Dra2naaL (CDGE~ - 590.6SA.AA which contract a the pans and specifications t erein mentioned , a opt by t h; City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof me though the same were written and set out in full herein, ands WHEREAS, under the said plans, specifications, and contract, it is provided that, the Contractor will maintain-and keep in ►ood repair the work therein contracted to be done and performed for a period of one year i' from the date of acceptance thereof and do all necessary b4ckfiliina,•that; may . become' necessary in connection therewith and do all necesssry,work .,tov rd the . " repair of,day defective coodittoo growing out of'or '+t;isidi'from' tha,sproper construction. of the improvements contemplated by'iaid,coatractor oasconstructing Fa 'the sine or.on aecoaat o! improper .excavation' or bickfilitn i't.beta nodersfood " that ':tba purpose of tbio section Is, to corer all defectiri conditions'"srisica'by ressoa of defective soateriaisi w,oik, `or labor: performed by said Mtract'of, std in case the said Contractor shall fail to repair, reconstruct' or,.asintain'.'sa2d { improvements it is agreed that the City say do said cork. in accordance with 'aid *„f contract ree surety such materials and charge the as" against the' W tt ' skubjtor ' y onn obliganon gad said Contractor and-surety y shall beRUbject i to the damages in said contract for each day's failure on the pa said Contractor to comply with the terms and provisions of said contract and this bond. 0093b 1 . j , .1~ x _ Ole F nr NOW, THEREFORE, if the said Contractor shall perform its a agreement to maintain'said construction and keep same in repair for the maintenance period of one (1) yea:, as herein and said contract provided, then these presents shall be null and void and have no further effecty otherwise, to remain in full j force and effect. •1f 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 shell 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 L affected from any cause during said time. IN WITNESS 11 EMY the said _ed as Contractor a riot has saw these presents to be executed by AIL and the said Seaboard Surety Company as surety, has caw ese presents to executed by its Attorney-in-Fact Linda Coue and the said Attorney-in-Fact has hereunto set s an ii this t day o pte r , 1990 r SUMM PRINCIPALt 3 ; Seaboard Surety CompanyAill_f~d i Linda Couey ' Attorney- a-Fact y a . 4 r _ "i' .l r } 74 y zr Y HE-2 0093b ' p . I _ • ..fir t f CCCC 6385 Certified Copy y SZkBO 1RD SURETY COMPANY . No. 10722 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY F.r•; POWER OF ATTORNEY r ' KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a con rnade, constituted and corporation of the State of New York, has appointed and by these presents does make, constitute and appoint R. F . Siddotls, Jr. or Steve Siddons or Robert C. Siddoris or Robert C. Fricke or Philip C. . Faletto or Bettye Ann Rogers or William A. Grote or Linda Couey of Austin, Texas its true and lawful Attorney-irrFact, lomake. atimAs and dellwr on Its behalf Insurancepolieks, surely bonds, undedakkW and outer instruments of aUpYar nature as follows: without Limitations Such Insurance policies, surely bonds, undertakings and Instruments for said r Attorney-In-Fact, shall be bindi Pu purposes, when duly executed by the aforesaid n9 upon the saW 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 to ft authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duty adopted try the Board of Directors of the said Company on December ath, 5927, with Amendments to and including January 15, 1982 and are still in full force and effort; ARTICLE Vll, SECTION 1: 'Poades, bonds, mosnlsaneft Wpuktiw% e~% M sw ty, tardenerllfrq w4wiskinp and ineV~ts raw" thereto. - 1,, ; I ro.uance paicies,bonds, tecogrr`e urea. stipl,latwnl, t:onsanta of surety snd urrderrrisirp rxrpertatrirrps of e,e t.ompany, uW rekeeee, ag~temenis end other i *rhnge relating in eny WAY frrereto or to any claA or Ions thereunder"be %W" in ft ,tonne and on b" ofthe.Corhpany - (a) by tht cnai rman o(tiv Board. the president, a Vice-Pres4w or a Resident Yru Preudertt "by thf SeoxvM. an A30; W Seommy a Residem r Secretary ors Resident Assistant Secretary; or (b) by art Attorney-in Fact 1w the Computy eppornled &rd WVror ted by 1M GMwmin' pr the Beard. the Preaiaersl or a Vrce•PrasWew to make such s;gnatufc or (c) by such omen ofr"n or ra!NeeentMNw a rty Bard ' The sea; of the ^'ay from Umt to time defa+rrttnt. Corrrpany eras if Ppprogriate be Wised IFNrNO by arry such OffKer, Attornly.ri-Fact %x represer>tatrve IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has reused these presents to be,s)Qned by one of its Ytce s( Presidents, and its coriiorate seat to be ha eunto -Hued and duty attested by one of its Assislanl Secral2riES this . 2.A.th..... day of November._..._ 19_89 69 Ut2 ' A ttest: SFABO D U TY PANY, soa By ; arY YKt PrsSldent '4 STATE OF NEW JERSEY ss" e;v COUNTY OF SOMERSET' _ J~ On this ....28th.. #;i day of __.__:.Hovetnber, teg~$9 ,Defoe me a red - _..:....Micbaei.B._.Keegan aYtoe-Pr tof$WOARDSU ETY ~ COMANY, ' with wttom f am personalty acqua"ed, who, being by me duty sworn. safd that f►e resides kt the"Stsfe o! 21eY ,7eYSey , that ho is a Vtte-President 61 SEABOARD SURETY COMPANY. the Co-II' i0rl described in artd ~V~uCh =xeCiJfed the fo~9garq = Instrument: that he knows the dot G la seal of the said ' Company;that the"seekaHuedtosaldktslrumentlssuChcorporateseaf; - = that h was so affixed by order of the Board of Directors of said Comf~any and that he signed fps name thereto as tinge PresJderti of = said Compa pLtV4 r4jlikeadhority. I; rt 1.1, ZLIE'.YtK1 r Y i it (Sea)) ccr:.g:e41 r~a1, 194) a A C E R T I F I C A T E ft0(~/y PLbrc rM urWeripned Asa pang Seueseryd SEABOARD SURETY COrrtPANY do Mreby tM4rj py( o q+ al t'oreror ACorney of Mats dr tits totroifg is atuts,uwandcorrectcopy, is in kAtwttaNaffect onthedate rAmuCtr 4r.eAMfdokwthac rt4Ratthefte-P dMtwhoekeoutadthesaidFgvuor.-: Shorn Mats tx:e W she On cen auuwr re4 DY (ire BOe rd of D rector b typo M an atlotrrtyi Ftaq as pro rldM YI Miry Vii Sect on 1, yf tAa By t ar s pt S SEABOARD SVR£TY CO4PANY. . T Ns CcMicwe may be OV*d and waled try toc"r4e WW4 r and by authority of ft tohornng rtsaltxion of rht Executiya C&r mtta of Mo Hord of _ ce<4r of SEABOARD St1RETY COMPANY at a meetky duly Wed lord tytd on "25th day of March 1 170. -AESOLVED (2) Thal [Ire tine of a prlnisd toes +n h d the oorponte seal d ttv CarhpMy and of the s grsttura of en Kos t3<tl Ssattfary on any ` cat on of the t pneC}nem of a copy of an vrstrument wecvted by the President Ora Vice Pres:dent putkienl to AnklieV11. Section t, of Uv 1!y-Lawe appoirdiv fnd auoont" an wtom"Ar bet to a:gn N {the rune"on WW or trra Company Unity, bards, w4ar"402 tiadertakw a-6f other i 4 wnenb dewaed in said Mitts VK Sett*n 1, WOW OW as K Guth seal and wdf FQrMtWe had been marxjafy affixadaM Rrat)a, Fereby is RrtfrbritW and epprorad 1 1 IN WITr+±ss VYftil REt?f, e~~ - k) ot :6erearttoofB~ nY ft~ere 0 a r, U yig r , Ass'sHht saFrentry - Fcf vrc, . of the authenticity of this Power of Attorney you may call, Dolled, 201-6533500 and ao for the °ower of Att,>rney clerk. PteAv*LftT 0014 v4ww cf F, torn?y narnber, the aDo named+ndlviduat(s) acre deiailsor t'ie bond to whichthe powers ertached. In New York, DmW 212627-5444. '1" ell I; I CITY Of DENTON INSURANCE MINIMUM REQUIREMENTS i, . Q.e.,.. INSURANCE: Without limiting any of the other obligations or liabilities of ' the Contractor, the Contractor shall provide and maintain until ,o the contracted work and/or material has been completed/delivered and accepted by tha City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. s, K Satisfactory certificate(s) of insurance shall be filed with the j Purchasing Department prior to starting any construction work 4 or activities to deliver material on this. Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy coveted U 4 thereby is changed or cancelled. The bid number and title o,+.`the ' project should be indicated, and the City of Denton should ;%lso be listed on all policies as an additional named insured. To R avoid any undue delays, it is worth reiterating that: t ;r o Thirty (30) days advance written notice of material change or cancellation shall be given] o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY, This J insurance shall protect the Contractor against all claims 1 under applicable state workmen's compensation laws. The a ' Contractor shall also be protected against claims for injury, disease, or death of employees which ';for any,, reason, may not fall within the provisions of "a workmen's compensation law. The liability limits shall not be less than: Ti o Workmen's Compensation - Statutory o Employer's' Liability Statutory 11. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive fore and shall protect,the Contractor against all claims for injuries to members of a, the public and damage to property of others arising from { the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less thans o A combined single limit of $500.ooo.00 i III, COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive fora and shall protect the Contractor against all claims arising from injuries to s i members of the public or damage to property Of other's" ; arising out of any act or omission of the Contractor or r g his a ents, employees or subcontractors. i i CI - 1 i s` FF rwl OERTIFCATE OOE! ! WT AIfE30, MIND, GPoNDlls a Insurance MopM4A BSUED AS A MWArrEA IND, ON OF Al TER ER THE T*N My AND CONFERS N) RGNTS DPON YOU THE CERTIRCATE HOLDER. TNr! CWFCATE IS WT AN PfSURANCE P01.1CT/Atp IE 00YEAWE AFFORDED SY "POLOES LIE M0 EELO1 Old i 1128 - Alexander Street Drainage Thta Is to comfy that f LIBERTY Pv ;a~oeroe~slar -i MUTUAL Name . TZ 76262 m of 'A , L kasured. i . 4. M C" '"W 0'" d 0%18 cV9Re06, "Wed by !1w Comprly W4, t4 vok1'9yl h J W lab". TM Inwrr afro ded dti to a! lHir c"er.E A+d cwdb E rd Is W 10W*d by M ry Tuk.n t, Nmn or C*,4* n co &Ay WM, act a odw docur Dwiy lr.Q poYCy(f.y Y uti.d x11N r F, TYPE CERT. EXP. DATE' OF 00047WA a POLICY LIMIT POLICY OExTENDFD NUMBER OF LIABILITY i A POLICY TEAM 56 OAF ?tE FOLl~0 UN60TEAR W..O. EWLOYER'E t4Alt1TY WOAUEFS' 5.30-91 MC2-611-c04030- ALL 3iAT=8 =XCt?i Soo 000 Ea Ax fOATPENSATIOrr MCI-611-004030- a sr ou.... pa L.Wa dolt' Yrpy SP DWw A Wow Ea P".en I , P 4'Dprtap.d Om K" `I 2 000 000 5-30-91 1101-611-004030-i OM§kMAWw9M. 4 2 000 000 eoalr rwrr.d P eprq o. n"o, uesry 2 00~~! 000 ❑ CLAW Mm* Prwr~ w AMrcrrq ti,y r •.t °J J per prwr , i 0=JAAE4CF Ou"r cOWnAcmu Lm um, ZCV! . 6PECULhxCI, q t'~ ' ENDOasEUENTS 1 i 1 a OWNED s , EACl1 ACCIDENT • SPNMZ UW. L AND P O. OUTarNED s 17NOwoNnD 5.30-9! 481-ill-004030-I1 M, u ra+ED 681-a 11-o04oso-1 EACH PERSON t' EACH Accc"T EACH AOCIDE:HT on 00cummoce ! on oocmgENCE , . TIM City of Denton 1s an additional 1ASUred. LCG,ITq %71 OF OPEM 6,108 / (E kp.gpkj OE 6CAiIlOr1 F TIONSr J 14 COY=t8 fI.l. MORIC hII10EW lY T>Q NAIL I86L8iD ~•t IN TN= COMYIN>&= OXIT=D BUT" fM IMIiEgb pDlrrgM1 "f a LOr~ p mu ARM E. n%W .nl. Mf14 Ya+ "i! W -otib.d E ~o vr„ M tsrntirUgd p fhCWf~ M . M arlSAUta •+W'.SOrI dm. . wn+M or Ev Don }IV.non a [oY.r pp .q., NowMr, I NOTICE OF CANCELLATION; THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED WIDER THE ABOVE POLIMS UNLESS ~r Hard NOTICE OF SUCH TEAM -r DAYS ta lsnoce ' AlArAM OR REDUCTION HAS BEEN tiWLED T0: r The Cityy of Denton 215 f o IiclCf tNS;1~r kl CEAT>FCATi Dmt6nt TX )6201 , `i HOLM I ; r ~ t 0 REPRESENTATM L y 1 rf , , J 9-6-40 tylRfwn ~ ' c L~ \ DATE ISSUED OFFICE \ ~ ' 7M~ CMNkJy ! mlaC~lpd !y ry s ~ r I{ V 1, ~ s I'MPKi.u~ f'M./"q M k IbrfK a TInM I; ~~,.I H 83772 ~e Rl3 ' w I F IT J I Fit f 71 4 To the extent the Contractor's work, or work unde his direction, may require blasting, explosive conditionsr, or fKy~. ,A! underground operations, the comprehensive general liability (1 r coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, 1 1,0 The liability limits shall not be less than: 1. o A combined single limit of $500400.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the owner and its employees, in the name of the City of Denton, for, liability that may be imposed arising out of the work being performed by the Contractor. This also includes F liability arising out of the omissions or supervisory acts of the owner. Although this insurance is strictly for the t, benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500000400 INSURANCE SUMMARY: The Contract shall . Turin the provide insurance to cover operating hazards 9 period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of,-that` is fact has been issued by the Owner. Approval of the insurang'e,by.,' ' s the owner shall not in any way relieve or decrease the liability, of the Contractor hereunder. it is expressly understood,that'Etie Owner does not in any way represent that the a E { liability or coverage or policy forms are sufficie 'cie lid limits;''1 nt' or ad*qua 60, ` to protect the interest or liabilities of the. Contractors Again, the owner shall be given a certificate of insurance ~F indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal' or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. j Any notice to proceed that is issued shall be subject, to such approval by the owners 0i " t r' s~} CI _ 2 S y~ 1. Ole- CERTIFICATE OF ENSURANCE, CITY OF DENTON Nana and Address of Agency City of Denton Reference: s ' r.atir. tI' Project Naa+e: Y s Project No: I Phone Project Location:. ~ I' Managing Dept: t NN" and Address of Inured - - Affor _d-i_ng CoVverageera" r Capanies : s •4 A fi Phone C This it to certify that: I) Palicits of insvranct listed below bare bass Ifseed and are le force at this tlm, 2) the City of Otnton Is listed a$ aA addltioaal Irrsund as to all appiicablt man". C Eapiratlon Limits of llability ` Lett r T of asnr l) Muster to ybousarAs CoeprehenSive Gewal liability Occurrence - C aiuei adt (sto a!-Pegp C14) Bodily -Injury : Broad Fora 0t~oeInc cede: PPoperty Daewgt _ ` - ed lsepe+eident rconltractors Prodvets/CoMItted Operation Bodily 1tJory and Proprrrty - PanoraI Iejwry US* Con OIned - Contractval Lliblllty(see /3-Paga C14) - Explosion and Collapse Hazard ' - Ehrderground Hazard s, - LlQrar liabi Ity Coverage - Fin legal Lability (set tS-Page C14) - Broad Fond iroperty Oaerge Professional Frron/Omissions - occvrrenct i - claims made (set e/-Page v-4) ' r ~ + Its Automobile Bodily in wry/Petson tlT NOV I^ , li llrl Jury doldeot ' e , d'S rtAo tYileiTes rtr ~Ye 3 H red Aatowtob its ~ Injury/troperty : -Ca81 hod , - Works", foepfa atloo and tatttory Amoent i Eeipleyers L1ab1)Ity - Owners' Protective Liability _ Otlrtr Insaramo , Oescriptloo of Operation/iocatlons/ViAleles. r + Each poll.- shall regain thirty (30) days notice of cancellation, non-neewl, or material dunQt Is coverage, C 14) Raw and kidrm of Certificate Holder. Qpf~. oEHriri, TEXAS . PiIRCtIASiIn MANI ` j 901-8 rlMS ST. i' mlo", lfxm 76201 f . SEE OEFIMTTIONS GM PAGE C14 AiIW O. i, FF DEFINI' ows 1. ADDITIONAL INSURED: The City of Denton, its elected and r' appointed officials, officers and employees. (This does not apply to Worker's compensation.) f 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. coirrRACTURAL conRAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual {;t liability requirement shown on the reverse side of this Certificate of Insurance under Compr'ehensive' General f Liability, must include a definition of coverage broad r enough to provide coverage for obligations assumed by, the . contractor in the referenced contract. This Certificate of . Insurancd 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 ~ t provide coverage for the warranty period), and a axtended tt discovery period for a minimum of Yfive M' years which E1 I .4. shall beyin at the end of the warrant' 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or 'alte'ration of r. city-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to z.. 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 $500x000. b. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual membera, employees, . and agents thereof in their official capacities,, and/or ; while acting on behalf of the owner. CI - c ^ 5 ~ 1. I lY FF . BID +11?.A s PROPOSAL } TO } THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF ALEXANDER STREET DRAINAGE (CDBG) IN DENTON, TSXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those nailed herein, that this proposal is made without collusion with any other person, firs or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined' the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other it*ns 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.. 4 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 r ';k prices and material to be furnished may be' increabid <`or diminished as may be considered necessaryin the`.opinion ~ of the City, to coaplete• the work fully as. planned and contemplated, and that all quantities of work'whether increased or decreased are to be perlorsed at the unit prices set, forth below except as provided for in the specifications, r'. It is further agreed that lump sus prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accot4ance with the of d work n so orderedariy, they may be covthe General er deletion Conditions, decreased provisions to to 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. 1 Y ~r;t~ 1 J i O; t ;rr Y t'' - BIDi 1128 A t , E A Accompanying this proposal is a certified or cashier's check or ! Bid Bond, payable to the owner, in the amount of five percent 'o the total bid. arse It is understood that the bid security, accompanyinq~ this - ' proposal shall be returned to the bidder, ;unless in case of the ;r } acceptance of the proposal, ;the'' bidder, shall , fail to. exlcuta a ti contract, and filq a perforwance''bond;and..a paywant bond •w#thin fiftes'i~ days after its acceptance, . in which case he` ;bid e ' shall become the Ownere.. and Sall be fr,, securit property of the Y f nta eb due to delay , a'nd ° o~,her considered as a payment; for da g inconveniences suffered by the Owner on account of /sucbl failure r of the bidder,. Oxn4'e reserves the 'tight to: reject zany apd °all t' bids.. owner may investigate the,. prior;:p*rforAance of bidder on t i other ;contracts, either,. public;,.or private,-- in evaluating` bid I, ;s Proposals. Should bidder alter, cha'n'ge' or qusllly,,. spy ` pa y Y alify bidde'~ication' of the bid, owner ma autoaaticail disqu 1 The undersigned .hereby proposes and agrees;' to petfoCm -'all 'work ature required, in strict accordance'irith the plans jt of whatever nature' and apecitications;.for the following sum or price's, to wit: ~ - t•'s ' j tt a - e. c fi r I , y{t ~ 1 .113- ~tsf ' - - I r' 3 -rs a : v 4 1 ' jai , 1' I,~ ++yyLL 1 ' rl 1 1 tf BIZ 1- / f'1~ /y 1''1 f^ Ir I i fry n J. t ti V kl' l F/ t r 'a 7 r 1' ~gp} 77jr. Jf ~I r l l J - . 1 a it'"'}}} 4 t ' t L y r I ti 2 WORK DAYS 30 BID NO. 1128 yk Alexander Street Drainage (Base Bid) PO NO. k BID TABULATION SHEET ITEM DESCRIPTION ANTITY UNIT UNIT PRICE TOTAL r Contractor's Warranties 1.21 and Understandings LS 3,500 LS 3 500 100 a..c /4, 1 2.11.5 Inlet ?ram* -and Cover 2 EA iWOZER 2 JP4 0=~ F 2.12.24-A 24• RCP 9ton Sewer 162 LP 0=o L! t 2.12.24-C 300 ACP Storm sower 1 126 L! 35 LP 9 O/0d } 6 Ductile Iron 13 LP 0 LP o0 2.12.14-A Sancta Sower 11 Ductile Iron 99 0 L! / 0 0 2.12.14.8 Sancta Serer 16 L! elf . 2.12.20 6' PVC 10 LF 33" L! 330 c 3•A.1 Renow Concrete Pavement 25 SY 4 °o SY 00 ' Remove Concrete 3-9 Curb and Gutter 109 LP L! Z/d 3-C Resove concrete Driveways 15 BY SY- /10 r ,Fy ~ y i Preparation of eb i 3.1 Right f-WaLS !26O LS j%ggg s 3.3 unclassified Excavation 100 CT /10 ~6- CY !0 0 i h 3,7 Comacted fill' 75 CY CY 3;1Q.7 H dromulc6 1 375 BY / SY' 2 J2:'Z'' j i, Type A Bydrated Lime s i 77 F~f 4_ y 5 T,00 L M 375 ~y t Limb Trnataent of f" SY S b 4.6-B 8n rude 370 SY h': A A S.7•A.1 1/2 Asphalt Pavement :a 343 BY F l r Aa t Paveseat ¢ S.7-A02 { D 343 SY o I 2 Asphalt Patch a 5_7--D Material (Type D 25 TON S ~ TON 746.A-1b 12' Curb inlet (Type v 1 EA md2a EA 2 S00 7.6.A-3 3' Curb Inlet (TYP-a VII i EA 190o'2A 2,900 r 15 I 1 ' P - 3 6 4 41 F I WORK DAYS 30 BID 00. ,V Alexander Street Deal go (Base Bid) PO NO, _ x + BID TABULATION SBEET 4 ITEX DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 7.6.A-4 S x 8 Junction Box 2 EA 7 EA G00 (Special) 7.6.A-5 5 x 8 Junction Box 2 eA ?JOAN EA Barricades, warning and 8.1 Detour Signs LS 16D0=~ LB o ' 8.2-A Concrete Curb and Gutter 72 Ls / LP Zp ^ , 8.3 6' Concrete Driveway 26 SY O 1~ SY 780 -A Concrete Rip-Ray 35 BY 8Y 875 i SP-2 Concrete Saw Cut 113 LIr Ll 39 SP-{ Lower Water Line 1 RA ?Do0 LA 'a-"" . 3oa c SP-10 Rock Excavation So CYO SP-37 Excavation Protection 901 Lt t! /0.~• SP-39 Pco ect 8i as 2 EA E1► ` , sce aneoas Sprinkler e 91 SP-40 stesi Ad ustsents LS 7 7W 00 L8 TOTAL /D ~ :l I I 1 1 r 1 i ~.5 P - 1 ...fit 4 , 1 I ~ . a 1 .t~ I WORK DAYS 25 1 BID NO, Alexander street Drainage (Alternate) PO NO, ~I R.ex.. ft, - i ~-f BID TABULATION SHEET I ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL ` Contractor's Warranties ` 1.21 and Unde rstandi s LS 000/LS 600 S 'f 4 2.11.5 Inlet !rase and Cover 2 EA /00 00 EA 2.12.3-A 21• RCP Storm Sewer 162 LP /Lt ! S ex ti 2412.3-C 306 RCP Storm Sewer 352 LP 3G es LY ? 72 2.12.3-C1 30' 6 to 1 SAfet Ends 2 22 LA ( EA / Cd ` 2.12.3-0 366 RCP Storm Sewer 51 LP LP Z SO ' 6' Ductile Icon 18 LP 0 ~ LP 00 2.12.14-A Sanita c tSewr I I 61 19 12' Dui Is Iron O0 f 2.12.14-3 sanitary sower 54 LP GO Lt 2 d 7, r i 2.12.20 60 PVC to Lt °'A Lr 33D 3-A,1 Remove Concrete Pavement 40 Sy S7 Remove Concrete r 3-8 Curb and Gutter 109 Ll Z /L! Z/ oe 3-C RemoVe Concrete Driveways 15 SY ' SY Preparation of ft 3.1 Ri ht-of-wa LS A00 Ls ODdO.- i 343 Unclassified Excavation 675 CY CY 0 - 3.7 Co cted Pill 175 CY CY 15. 3.10.7 8 dromulch 1 875 BY SY 11 ; e s Type A Hydrated Lime 4.6-A Slur 5 TOM TON { Lime Tz"toont of w 44-2 Su rade 370 Sy 7 SY 2.yS1~0 4 1/ Asphalt Pavement 5.7-A.1 (Type A Base 345 SY 8Y 7YS°-° 1 1/2-Asphalt P&Vtwnt ie 504.2 T D 346 9Y Y 4184 ° 21 Aspbalt Patch 507-D Material D 25 TON TOlO ! !25 7.4 Concrete Encasement 7 Cy ?oo - CY .14 WAX 7.6.A-1b 12' Curb Inlet (Typo V) 1 EA Soe ie to d0 t° 7.6.A-3 8' Curb Inlet (Type VII) 1 EA !oa EA ' ? p00 P 5 i, r Gi 1 ~ 07 ct i •5 1y !rr l F WORK DAYS 25 ` BID NO, 112$_ Fn PO NO Alexander Street Drainage (Alternate) .Ty BID TABULATION S@EET e { ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 800 60 0 } ;j 7.6.A-4 5 x 8 Junction Box 1 EA 2 "Y-EA (Special) t 7,4,A-5 5 x 8 Junction Sax 2 EA 2 Lb - EA S oo Barricades, Waraing and Soot LS Z 500 8.1 Detour Signs 802-A Concrete Curb and cutter 72 LIP LP 20 ~ 8.3 60 Concrete Driveway 26 SY 30 SY 80 S.1S-A Concrete Ri Ra 57 SY 2s SY 25 ~ SP-2 Concrete Saw Cut 113 L! 4 3 Ll` 339 i; 1 $ 3SQO f SP-4 Lower Water Line EA EA SP-10 Rack Excavation SO Cy t CY 0 r SP-31 Excavation Protection 572 L1 1 b LP SLOG 5 ;!Soo t• SQ4 _ SP-39 Pro ect signs 2 Miscellaneous Sprinkler S /Ls I'S 40 SP-40 stea Ad ustslenta 4 D GS ' , ( TOTAL • I. t ~ 7 y' I 1 t itty P - 6 } r 7 1 I". f' 4 l+ _ BID# 1128 ~ S ALEXANDER STREET DRAINAGE PROJECT 'T BID SUMMARY 1. Base Bids - Smooth Interior Corrugated Polyethylene Storm Sewer Pipe. I 30 TOTAL PRICE Work Days OG9. , 2. Alternate - Reinforced Concrete Storm Sevier 'Pipe with-a. Or natural channel from Wilson Street: to the Channel. work Days 35 TOTAL PRICE $ 90__ 7t1 Bid awarded shall be either Bid number 1 or Bid number 2. . . xs i is . 14, r , `~j' ife -4, T, A i " i :.P BID# 1128 71 4 BID SUMMARY TOTAL BID PRICE IN WORDS 04f t/vAclre e/ Six r evsa n v/_ - - . ; o~~yy~ S~x1~v - nin ~a/l.s o~c~ F 'F~v crn fs_ 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 propel compliance with the terms and provisions of the contract,` to insure and guarantee the work until final completion and . 41 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.t,hia j, proposal have been carefully checked and are'. submitted as.,, ~ coirect and final. unit and lump-sum prices as shown.foc each item listed ln this 1y, tensions . 01 over ax proposal, shall control R. r . CONTRACTOR r . r S ---*t Address a a 1 ` Seal'. i Authorisation' 817-6yS-2! 7Y~ 1 r :4k S=f a Corporation) a ---ip bone r 8 2 i - L 71 . 'F 4 " I W. P. 4 CITY COUNCIL Y I r I s fi ♦ 1 I < { i < 1 q' a ~ I I it ~ J ~ ~r3 1 sl~'~ r t i - ~ 7 4" 1 I Y,tl"'tY r r y r 'jJ x ar ,y~ ~ ` 5 t 1 1ifi{1 % Z y { vjt- er t t~ k tr lr a~ i S~ arr :I It ~:c i s J M~'r 17 3 l~i: 1 } rill '!1?;`j t rr va '~T y 1 I. .t w e `4 t j + v 5 r Dj~~~~ F ~7'; ate f ~ t~ Kr JML s t ~l~ t ~ ti a ~ r S 'r 1-o r r ~ S yJ a. r \ owl F r ` INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS: ` ` COUNTY OF DENTON 4 The CITY OF DENTON, 7EXAS, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called 'City', acting herein by and through x hereby 'Contractor ■ , its City Manager and~bA~~Q~;Q~,I~J~~f► hereinafter called Actually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perfore the hereinafter designated services and Contractor agrees to perform the following services: A. Instruct Defensive Driving Classes as assigned. QI 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay ; Contractor for the services performed hereunder at a rate of ONE HUMORED ' THIRTY AND 00/100 (f130.00) per eight (8) hour class actually taught. 3. STUDENT FEE: Contractor agrees to collect a fee frog each j individual attending the school. Said fee shall be set by the City and shallI be turned over the City by Contractor within twenty-four (24) hours of each of class. ,x i 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is ,.n independent a 'r, '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 `t t,>? withholdin7social security taxes, vacation or sick leave benefits, workers' t l t t < compensation benefits, or any other City employee benefit. The City-shall not 1 1) - have supervision and control of Contractor or any employee of Contractor, but ' s<,~; it is expressly understood that Contractor shall perform the services hereunder in accordance with the requirements of the Texas Safety Association, F } i t F ) Department of Public Safety, and National Safety Council. f S. QUALIFICATIONS: Contractor must be licensed in accordance with fir t' f ' 'The Commercial Driving School Act.' V.C.S. 4413 (29c), 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to t 4 furnish to Contractor the following services and/or supplies: ' °y`, (1) Location to teach Defensive Driving Course classes and .'y materials and equipment to conduct those classes. sj ~ IS 0 t4 ova" l I ri 'I INDEPENDENT CONTRACTOR'S AGREEMENT - DAVID HEST October 10, 1990 through September 30, 1991 ; Page 2 of 2. r ~ i 7. INSURANCE: Contractor shall provide, at his own cost and expense, workers' c • ompensation insurance, liability insurance, and all other n insurance necessary to protect Contractor in the operation of Contractor's ( bousiness. r ! E, 8. CANCELLATION: City or Contractor reserves the right to cancel " this Agreement at any time by giving the other party thirty (30) days' written • notice of its intention to cancel this Agreement., 9. TERM OF CONTRACT: This Agreement shall commence on the 10th day of October, 1990 and end on the 30th day of September, 1991. 1! 7 f 'Fi.i ~F : t t { t al sk, }i EXECUTED THIS day of 19 9d`' . t S1S}3~F !'l iFi t ; .y{ ICY . ! 1 CITY OF DENT TEXAS l 1 r-. : V LLOWY. KWELL t CITY MANAGER ATTEST:., l j 1~ t. L s9r t APPROVED AS TO LEGAL FORM: X: DEBRA-A, -DRAYQYITCH9 CITY ATTORNEY { s.~ti t mot: c r+ S 1E < t e t {''t I tr sir„ 3 t "l CONTRACTOR: r<,t, r 3; ~ ~ s BY' a L 1 A l' l1 {I. r Y't. y t i 4 ; 7 } ~ ,r>y~,~ ♦.Ar-•',;.a.. y..e. . r..rs.te , ;~.,cta ~~i ~ ~ ±t'~" r]~%a}~`~i11;•`M 2 &7i'+~~`!a'.t. ti,Cii~~'::Ji.y'S~i'3 ~ f A Y Sir _ N, f' 1 i ,f Nf i 1