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HomeMy WebLinkAbout11-1968 ► ► .. � ! ee • r SELECT INSURANCE COMPANY DALUS, TOM STATUTORY PERFORMANCE BOND Pursuraat to Artici* $160 of the RasWd Civil Statutes of Tows as amendtd by Acts of the 56th lwglslalum, Regular Seulon, 1959 KNOW ALL MEN BY THESE PRESENTS, That_ JAGOE-PUBLIC .UMp.M _ P. 0. Box 250 , Denton, Texas (hereinafter called the Principal), as Principal, and SELECT INSURANCE COMPANY, incorporated under the lawn of the State of Texas with Home Office In Dallas, Texas (hereinafter called the Surety), as Surety, are held 4rnd firmly bound unto .SFT.FC..T IHSHEAN.CE COMPANY (hereinafter called Ilia Obligee), In the amount of Eight thousand fi vw hundred 4pvPnty rnur and NQj1 Ap — — — — — — — — . — — — . — — — — — — Dollars (i 8,-r5;4.no ) for the payment whereof, the said PHncIpcd and Surety bind themselves, and their heirs, c0mWshators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 22 day of November 19 b$ to Itnproveme to for the Cif of Denton, Texas which contract is hereby referred to card made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faith- fully perform the work In accordance with the plans, specifications and contract documents, 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 Articla 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 nhall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this- 22nd of. ___ Navemher 19--a JAGOE-PUBLIC COMPANY irteeird) —" ELLIS, SMITH Pt By 2 ;rii rt (yon ruwLP Erna i era 73U)3, - ,xp's 7 3 2 l S URANCE HPANY Pumid wee. Awn 3 Mu Mxaq) "I Asmm"4"mt Porter Ellis � - f POWER OF 4TTORNEY aC Rte-' K110111 ALL MEN BY THESE PRESENTS: fug That SELECT 111SDRA1;CY COTdPANYs DrT,LASs TEXAS , a corporation of the Slate of Texas, hereinafter called Company, does hereby appoint PORTER ELLTS OR WxLL RT) CROTTY OR JA'RFS X, POWERS OR TOM Pe ELLISs III OR GLADYS RASLYYs DATUAS s TEXAS its true and lawful Attorney in fact to make, execute, seal and deliver on its behalf, as surety, rtny rtrid all bonds and under- takinGs of Stt1•etyship. The execution of such bonds or undertakings in pursuance of these presents shall be as Hiding upon the Company as if they had been executed and ackno,vledged by the regularly elecled officers of the Company. This Power of Attorney is Issued pursuant to and by euthority of the following resolution of the Board of Directors of the Company, adopted effective September 29, 1961, and now In full force and ellect: "Afrived that the President or any Vice President or any Secretary may appoint Attorneys-In fact In any State, Territory or Federal District to represent this i company ar,d to act on Its behalf within the scope of the authority granted to them In writing, which authority maw Include the power to make, executa, seaf and dellver an behalf of this Company as surety, and as Its act and deed any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety trusiness may require, Including authority to appoint agents for the service of process in any jurisdiction, State or Federal and authority to attest to the signature cf the President or any Vice President or any Secretary and to verify any affidavit or other statement relating to the foregoing, and to certify to a copy of any of the by-laws of the Company and to any resolutions adopted by its Board of Directors and any such Attorney in fart may be ritmoved and the authority granted him revWd by the President or any trice President or any Secretary or by the Board of Directors." In witness whereof, the Company has caused this Power of Attorney to be signed and its corporate seat to be affixed by its authorized off ira:r s 7 �T11 day of NOYL'MBER 10 68. Attest: k'4� He IT., WYA rs ,. %,CRETARY 8 4'•�e�►e...►..� tSEAU a Be CITASI' s ASST. vICE PRESIDE[l^t IIATE of TEXAS # aer colt y of DALLAS on this 7TH day of NOvE1I iu,, 19 68, before mr, a Notary Public of the State and County aforesaid, resiiing therein, duty eomminloned and sworn, personally come the above named officer of the Company, who being by me first duty sworn according to law, did depots and at that he Is that oflicer of the Company described In and which executed the foregoing instrument; that he knows the seal of the Company; that the goal afrixet to such instrument Is the corporate seal of the Company; and that the corporate seat and his signature as such officer were affixed and subscribed 1 tf aid instru- ment by the authority and direction of the Company. y/ HAZ�Iir 1,11s REEDY N ' Public My commission explras the 1ST day of JUNE 1069 , CERTIFICATE f, the undersigned, do hereby certify that the origrinal Power of Attorney of which the foregoing is a true and correct coy is !r, fuif force anrf effect, and the foregoing resolution is a true and correct transcript from the records of the Company, and that the above mined officer Vias on the date of execution of the foregoing Po ver of Attorney authorized to execute this Pourer of Ale ;ley. In witness whereof, I have hereunto sub:cribed my name r,nd 'affixed�lt'IC, vtat. seal of thn Company this 22nd dray Of November 13 68 (SFAU ..may ` •,a Re We Ny." iFGRi:TARY. him ii serf to all SELECT INSURANCE COMPANY DALtLAC TUAS STATUTORY PAYMENT BOND Pursurant to Ankle 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 58th Legislature, Regular Beaton, 1959 KNOW ALL MEN BY THESE PRESENTS, That_ JAOOE-PUBLIC COMPANY_ P . 0 . Box 250 , Denton , Texas (hereinafter called the Principal), as Principal, and SELECT INSURANCE COMPANY, incorporated under the laws of the State of Texas with Home Office in Dallas, Texas (hereinafter oalled the Surety), as Surety, are held and firmly bound unto - SETY T INSURANCE COMPANY (hereinafter called the Obligee), in the amount of - - - EJ1 ,,ht thousand five hundred seventy four and N0 1100 - - - - - - - - - - - - - - - - - - - - - - - - - Collars 8 ,57 4 . 0 0 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 22ndday of November , 19_J.L to_ nonetruetion of Saijuni n Park Paving mpronvernents for the City of Qantnn a TeYAR . _ which contract is hereby referred to and made a part hereof as fully and to the same extent as it copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then thin obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisiors of Article 5160 of the Revised Civil Slatutes 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed Ibis instrument this 22nd day ol_ November 191L. JAOOE-PUBLIC COMPANY _ (Prtedpel) ELLIS, S��II: C�. By : i ��- 20TH FLOOR TOWER PETRDIEUM ULDO, DALLAS. TEXAS 75201 SE SURANCE MPANY Iubtta Wa! By Jiod Firm 3 sues tr..a.19.61 Atiaeer-b"ad Porter Ellis CITY OF DEN70N, TEW PAVING PROJECT I I SPECIFICATION'S ANT) CONTR :^P DOCU,j%frjj fS FOR TILE CGNSTRUCFIRN OF SEQUOIA PARK PAVING IMPR0MiFM'S • PRI:PARFD BY DEPARDEN7 OF COiUNIn DFVEUjPNINr CITY OF DEWON 0 TEXAS TABLE OF CONITNTS CONTRACT AGREDENT INVITATION FOR BIDS a , MINIMUM WAGE SCALE b INMRNIATION AND INSTRUCTION TO BIDDERS c - f PROPOSAL, g - i GE]%TRAL CONDITIONS OF AGRF.L�Wr 1 - 20 DETAIL SPECIFICATIONS SECTION 100 - GENERAL SECTION 101 - FLEXIBLE BASE CRUSHED STONE • •SECTION 102 - HOT MIX ASPHALT SECTION 103 - PRNECT Mi%IN"DENA\CE, CLEANUP, AN'D GUARANTEE PLANS AND SPECIFICATIONS EN'DORSDi TANT • STATE OF TEXAc. X COUNTY OF DENTON X THIS AGREEMENT, made and entered into this -Z2 day of 01DVENaEZ , A. D. 19_4&, by and betweeri Jagoe-Public Caeparp of the County of Denton State of Texas, Party of the First Part, hereinafter called CONTRACTOR, and the City of Denton, Texas, a municipal corporation, of the County of Denton, State of Texas, Party of the Second Part, hereinafter called OWNER, WITNESSETH: • That for and in consideration of the payments and agree- ments hereinafter mentioned to be made and performed by Owner , and under the conditions expressed in the bond bearing even date herewith, the Contractor hereby agrees with Owner to com.- mence and complete the construction of certain improvements described as follows : Sequoia Park Paving ImproTwunts and all extra work in connection therewith, under the terms as stated in the Invitation for Bids, Proposal, and Information and Special Instruments to Bidders, and 0eneral Conditions of Agreement attached hereto and hereby made a part of this con- tract by reference the same as if set forth at length hereint • and at Contractor ' s own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, supervision, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the con- ditions and prices stated in the proposal attached hereto, and in accordance with the conditions and prices stated in the pro- posal, and in accordance with all the General Conditions of Agreement , and in accordance with the plans, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and specifications therefor, as prepared by the City Engineer of the City of Denton, Texas, • each of which has been identified by the endorsement of the Contractor and the Said City Engineer therein, Contractor hereby agrees to commencs work within ten (10) days after the date written notice shall have been given to commence , and to substantially complete said work within 30 working days after the date extablished in the written notice to commence work, Owner agrees to pay the Contractor in current funds for the performance of the construction of the work in accordance with the proposal submitted therefor , subject to additions and deductions, as provided in the General Conditions of Agreement, and to make payments on account thereof as provided therein. • • IN WITH SS hTEREOF, the parties have executed this Agreement in duplicate in the year and on the date first above written. I Jagoe-PubUo Con pwW n ra�:tor ATTEs'T: by : , CITY OF DEMON, TEXAS, OWNER BY . . )A e artin, ayor C ty of Denton, Texas ATTEST: L rroo t, Cify Secretary City f nton, Texas APPROVED AS LECa TO FOI;M: 4 ,/A 4t72�5 • ac ar on, ty Attorney -" C of Denton, Texas INVITATION FOR BIDS BID NO. 68-46-11 Sealed proposals addressed to John Marshall, Purchasing Agent , City of , Denton, 'texas, will be received at the office of the Purchasing Agent in the IKmicipal Building until 1 : 30 p.m. November 6th, 1968, for the construction and completion of the following item: SEQUIOA PARK PAVING IMPR0VET(Fr`1TS At this time and place the proposals will be publicly opened and read aloud. Any bid recieved after closing time will be returned unopened. Copies of Plans .. Specifications , and Contract Douanents are on file and may be examined without charge in the office of the City Engineer. Plans and Specifications may be obtained from the City Engineer upon a deposit of $10.00 which deposit may be refunded as provided in the Contract Documents. A chasier's check, certified check or acceptable Bidder's bond payable to the City of Denton, Texas, in an amount not less than five (5%) per cent of the bid submitted must accompany each bid as a guarantee that, if awarded • the contract, the Bidder will. within ten (10) days of award of contract , enter into a contract and sxecute bonds on the forms provided in the Contract Documents . Attention is called to the fact that not less than the prevailing wage rates as established by the City of Denton, Texas , and as hereinafter set forth in the Contract Documents, must be paid oi, this project . A performance bond and a payment bond, escti in the amount of not less than one hundred (1001) per cent of the contract price, conditioned upon the faithful per:of-mance of the contract and upon payment of all persons supplying labor or furnishing materials, will be required . Also a maintenance bond in the amount of 10% of the contract price will be required. 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 interpretation thereof, or to reject any or all bids , and i-hive formalities . No bid may be withdrawn within thirty (30) days after date on which bids are opened. I CITY OF DENTON o hl.arshall Purchasing Agent a • The rotes be low '.-,ava been dater-mined by t:ne C:. ty of ton , Tvxas , in accordance wit: the statutory .5- d prevailing local wages, Overtime shall be paid for at the rate o+ one and o:e-r:alf (1 ) times the regular rates for every Your wor;:ed in e:;cess of forty (40 ) hours per week, CL:.SSI: TCAlION Rk2Z ?:.3 ..'. .,IASSIriC.kff-I�•:. 11'ilZ Pc. Air Coz,pressor Op. 1 . 50 La'oorer ( Jo::-:= ) 1 . 25 Air '.00l Operator 1 . 35 :aintciner Oiler. 2. 00 3atterboard Se;•.tar 1 . 50 :,:ason Tender 1 , 25 Blade Grader Oper. 2. 00 ::ecaanIa 2. 00 (Self Propelled) Vechanic ' s :seiner 1 . 50 Blaster (Powderzann ) 2. 25 ::fixer Oper, (lo C. F. & Over) 1 . 75 Bricklayer 2. 00 :•.'ortax ;;ixer 1. 25 Bullclam Operator 2. 15 : irer O ' -C. 1150 Bulldozer Operator 1 .75 (Less th" lb 0 . r. ) Carpenter 2. 25 Oiler _ 1 , 25 Clamshell Operator 1190 Painter , r'^ush 1 .75 Concrete Finisher 2. 00 Fainter , Stage Spray 2. 00 Crane Operator 1 . 90 Pipe Layer 1. 25 Derrick Operator 1 . 90 26wer Rquip, Op. raavy 2. 00 Dragline Operator 1 , 90 ?a43r Equip . Op . Light 1.75 Elevating Grader Op. 1. 75 Pur,p Operator , Over 2 " 1. 50 ( Towed ) Funp Operator, 2" & Under 1 , 25 Fireman 1 . 40 Roller Operator 1 . 50 Form Builder 2. 00 Scraper Opr. (Over 7 C. Y. ) 1. 75 Greaser 1, 50 Scraper Opr. (7 C. X. & Under )1 .75 Foist Oper. (One Drum ) 1 . 50 Shovel Ope ator 2. 00 Hoist Oper, 1 , 75 Trenching ::achlne Oper. 2. 00 ( Two Drum & Over Truck Driver (1'r T or Less ) 1 . 25 Iron Worker ( Rodman 1 . 50 Truck Driver (1z, T or Over ) 1 . 50 Iron Worker �Struc. Steel ) 2 . CO Welder 2. 00 Joint ;•lorker 1150 Kettlemen 1 . 25 The Contractor shall comply with all State and Federal Lajas applicable to such work . The above are minimtun rates . Bidders shall base their bids on rates they expaet to pay , if in excess of those listed . Tha Owner will no; %onsider claims for extra payment to "IMAT?aVITOR or. aocount 0 of payment of wages higher than those specified. b • INFUId`LaTION ANT) INSTRI)MON TO BIDDERS 1 . Work to be Done: 1h:• worh included tinder this contract consists of furnishing all materials, tools , equipment , etc , nec,:ssary for the construction and comletion of the Sequoia Park Paving Improvements. 2. '4torials Furnished b • D:ner: The Owner will furnish NO materials . The CoiAractor shall furnish all materials , equipment , etc. 3. Time of Completion: The Mer desires the work to be completed at t e e aTliest possible date . Time of completion shall be as indicated in the Proposal . In the event the Contractor fails to complete the project within the time set forth in the Proposal , the Mer shall withhold permanently from the payments to the Contractor the sum of fifty (SS0.00) dollars per day as liquidated dwnages , as set forth in Section 4 .04 of the General Conditions of the Agreement . 4 . Bid Form: Bids shail b^ viade on the blank form attached, and the tomp etT' e�ocuments and plan.= shall be returned with the bids . Bids not so made will be considered out of form. S. Bid Security: Each Proposal must be accompanied by a certified check or accepta a rd bond in an amoun#, equal to at least five (S%) per cent of the amount bid as a guarantee that , if awarded a contract , the bidder will execute such contract within ten (10) days, and make bonds of one hundred (100%) per cent of the contract price. G. Performance Bond: With the execution and delivery of the contract, the Contractor all furnish performance bond for the full amount of the contract . Bond shall be executed by an approved surety company authorized to do business in the State of Texas, and acceptable according to the latest list of companies holding Certificates of Authority from the Secretary of the Treasu:, of the United States of ado rica. 7. Payment Bond: In addition to the Performance Bond the Contractor will furorsl a a}rent Bond for the full amount of the contract . Payment Bond shall be executed by an approved surety company authorized to do business in the State of Texas , and acceptable according to the latest list of comV ltiies holding Certificates of Authority from the Secretary of the Treasury of the United States of America . 0 a:.. • 8. M ntenance Bond: In addition to the Performance Boni' and Payment Bond,tEe Contractor will furnish a Maintenance Bond for ten (101) per cent of the contract price . Maintenance Bond shall he executed by an approved surety company authorized to do business in the Sta:e of Texas , � and acceptable according to the latest list of companies holding Certificates of Authority from the Secretary of the Treasury of the United States of America. Maintenance Bond shall remain in force for a period of one (1) year beyond the date of i%ritten acceptance of the work by the Owner, to guarantee the repair and/or replacement of defective materials and/or workmanship which may develop during this period . y. Patents and Permits : This Contractor shall , at his own expense, procure all permits, certi icates and licenses required of him by lxt for the execution of this work, and shall pay all patent fees , license fees , and royalties for the use of equipment of processes used in construction and completion of this project and shall hold the Owner free from any liability for the use of patents in connection with this work. 10. Change� of Location: No change in the alignment is contemplated . However, shoo aI a c—hange be necessary due to obstructions or other reasons, the Owner reserves the right to make such change. No extra compensation will be allowed the Contractor, except as provided by unit price. • 11 . Safety and Property Protection: 11 . 1 Barricades Guards , and Safety Provisions: To protect persons from injury and to avoiO damage, a equate arri ales , construction signs , torches, red lanterns , and guards as required shall be placed and maintained during the progress of the construction work and until safe for traffic to use the roads. Whenever required, watchmen shall be provided to prevent accidents, and no extra compensation will be allowed therefor. Rules and regulations of the local authorities respecting safety provisions shall be observed. 11. 2 Traffic and Utility Controls : Excavation for construction operations shall be con ucte d in a manner to cause the le-ast interniption of traffic . Where traffic must cross open trenches, the Contractor shell provide suit.-hle bridges at street interset-ticns and driveways . The Owner widerstands that at times traffic will have to be re-routed over alternate streets , It will be the Contractor's responsibility to provide signs directing the traffic to these alternate streets as specified by the arner. The Contractor shall notify all emergency agencies before any street is blocked because eE construc- tion. Again, the Contractor shall notify such agencies when the street is reopened. • d I 11 .3 Flow of Drains and Sewers Maintained: Adequate provisions shall be made for the flow of storm sewers , drains and water courses encountered during the construction,and the structures which may have been disturbed shall be satisfactorily restored upon completion of the work. 11.4 Property Protection: 'frees , fences , signs , poles, guy wires , and all other property sliall be protected unless their rermo•el is authorized, and any property damage shall be satisfactorily restored by the Contractor. 12 . Investigation of Local Conditions : Prior to submission of a proposal , the Contractor shall ave made a care ul examination of the site of the work and of the contract documents includ.ag the plans and specifications and shall become informed as to the location and nature of the proposed construction, the kind of facilities required before and during the construction period, labor conditions , and all other matters that may affect the costs and time of completion of the work. 13. Refund on De )sit: It is intended that all parties with an interest in the wort be given a .reasonable opportunity to examine the documents and prepare a bid or sub-bid without charges or forfeiture of deposit . Documents may be examined without charge as noted in the Advertisement for bias and at certain service organisations (Texas Contractor, Dodge Reports) . Where documents are obtainEd from the Engineer upon a deposit, as required in advertisement for bids , a!refund on deposit will be made as follows : a. For bidders who submit a bond fide bid to the Owner, a full refund on deposit will be made on one set of documents procured by such bidder. b. For other persons, i .e . , sub-contractors, material suppliers, etc . , a full refund of deposit will be made provided that the documents are returned within ten days of the bid date, (exclusive of time allowed for mailing) . c . No refund of deposit will be made on documents which are not returned to the Engineer on or before the 10th day after the date of receiving bids . 14 , Right-of-way:t-of-way: The right-of-way along streets shall be to the property line of such If the Contractor desires right of ingress and egress at other points , the Contractor shall make such agreements with the property owners at his own expense. All materials and equipment shall be kept within designated right-of-wa•1. Trucks, sate c�biles , and equipment will not be permitted to cut across the private land and mske new roads or get outside the right-of-way at • any time, � e • 15. Interpretation of ot%:d Prices: In case of a difference bettqeen the written woKlls and the figures in the f'iaposal , the amol,nt stated in written words will be considered as the bid . 16. Interpretation of Specifications: An�,,- question as to the meaning of any specifications will a answered by Addendum which will be sent to all who have been furnished with the plans and specifications. '17 . Payment : Payment will be made as set forth in the General Conditions of Agreement and Detail Specifications . 18. Water for Construction: The Contractor shall make his oum arrangements for water used under this contract . In the event it is desired tr purchase water from the City of Denton, the City will designate which fire nydrant the water is to be taken from and will install a meter thereon. The Contractor must furnish all other necessary valves , piping, and fitting, and labor required to make the connection at his expense. City rates that will be charged for this water are as follows: First 3,000 Gallons per month @ 0.90 per 1 ,000 gallons . Next 7,00 ' ports per month @ 0 SS per 1,000 gallons . • Next 20,x' jailons per month @ 0.45 per 1,000 gallons. Next = .,0 Gallons per month @ 0 .37 per 1 ,000 gallons. f . • PROPOSAL DFN70N, TEXAS November b , 1968 , PRAPOSAL of Jagoe-Public Company , a corporation organized under the laws of the State of Texas , a partnership consisting of an individual trading as To the City of Denton, Texas Pursuant to Invitation to Bidders, as published, the undersigned proposes to furnish all labor, materials, and equipment, and perform all work for the construction of the Sequoia Park Paving Improvements in strict accordance with the attached, specifications and accompanying plans, for the following prices , to-wit : ITEM ESTIMATED DESCRIPTION UNIT PRICE TOTAL BID NO. QUAP4 ITY (Prices to be written in Words) (Figures) (Figures) 1 , 200 CY Furnish and install additional $ 5.85 $ 1170.00 crushed stone base material, complete in place, the sum of Five dollars a,d Eighty Five cents per cubic yard oose vo une. 2 . 4000 SY Infix and compact entire street $ •55 $ 2200.00 base, complete,. the sum of dollars and Fifty Five cents per square yard. 9 • ITEM ESTDIATED DESCRIPTION LNIT PRIG TOTAL BID NO. QUANTITY (Prices to be Written in Words) (Figures) (Figures) 3. 4000 SY Furnish and install 2" hot $ 489 $ 3560.00 mix, hot lay, asphaltic concrete , complete in place, the sum of dollars and Eighty Nine cents per square yard. 4. 6 EA. Adjust grade of existing man- $ 100.00 $ 600.00 holes and water valves, complete, +' the sum of One Hundred dollars and cents each. S. 140 SY Furnish and install 6 feet $ 5.60 $ 784.00 • concrete valley gutters, canplete in place, the sum of Five dollars and sixty cents per square yard. 6. 100 LF Remove and replace 24 inch $ 2.60 $ 260.00 concrete curb and gutter, the sum of TWO dollars and SiXtY cents per linear foot. TOTAL AMOW OF BID $ 857h .00 LABOR 5074.00 • MATERIALS 3500.00 h • The undersigned bidder agrees to commence work within ten (10) days after the date of written notice to commence work and to substantially complete the work on which he has bid within 30 working clays as defined in General Conditions of the Agreement . Enclosed with this Proposal is Cashier 's Check or Certified Check for Five percent of amount of bid ($ i Dollars which it Is agreed s a ted and retainEd Ey the mer, as liquidated damages in the event this Proposal is accepted by the Omer within thirty (30) days after the date advertised for the reception of Bids and the undersigned fails to execute a contract and the require6 bonds with the Owner, under the conditions hereof, within ten (10) days after the date said Proposal is accepted. Otherwise, said check or bond shall be returned to the w-ndersigned upon demand. Respectfully submitted, Jagoe-Public Compare► P, 0. sox 250 Denton, Texas 76201 AcT�r�. ss a � ✓ (Seal if Bidder is a corporation) MOMMUN i GENERAL CONDITIONS OF AGREEMENT 1 . DEFINITIONS OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER: The Owner and the Contractor are those mentioned as such in the Agreement . They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. The Engineer shall be understood to be the Engineer of the Owner or his duly authorized representative . 1 .02 CONTRACT DOCUMENTS: The Contract Documents shall consist of the Notice to Contractors (Advertisement) Special Conditions (Instructions to Bidders) , Proposal, signed Agreement, Performance and Payment Bonds (when required) , Special Bonds (when required) , General Conditions of the Agreement , Technical Specifications, Plana , and all modifications thereof incorporated in any of the documents before the execution of the agreement . The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all . 1 .03 SUB-CONTRACTOR: The term Sub-Contractor, as employed herein, includes only those having a direct contract with the Contractor ano it includes one who furniahea material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes! material not so worked . 1 .04 WRITV1 NOTICE: Written notice shall be deemed to have been duly served 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 mail to the last business address known to him who gives the notice . 1 .05 WORK: Unless otherwise stipulated, the Contractor shall provide and pay for all materials , supplies, machinery, equipment , tools , superintendence , labor, insurance, and all water, light , power, fuel , transportation, and other facilities necessary for the execution and completion of the work covered by the contract documents . Unless otherwise specified, all materials shall be r.ew and both workmanship and materials shall be of a good quality . The Contractor shall , if required, furnish satisfactory evidence as to the kind and quality of materials . Materials or work described in words , which so applied have a well known technical or trade meaning, shall be held to refer to such recognized standards . 1 .06 EXTRA WORK: The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, • 1 _x • alteration or addition to the work shown upon the plans, or reasonably implied by the specifications , and not covered by the Contractor's Proposal , except as provided under "Changes and Alterations", herein. 1.01 WORKING DAY : A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions , not under the control of the Contractor, will permit construction of the principal units of the work for continuous period of not less than seven (7) hours between 7:(14 a.m. and 6:00 p.m. 1 .08 CALENDAR DAY: A "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COLLETED: The term "Substantially Completed" means that the structure has been made suitable for usr or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 2. CONTROL OF WORK 2.01 LINES AND GRADES: Unless otherwise specified , all lines and grades shall be furnished by the Owner or his representative. When- ever necessary, construction work shall be suspended to permit per- formance of this work, but such suspension will be as brief as practi- cable, and the Contractor shall be allowed no extra compensation therefdr. The Contractor shall give the Owner or the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks , etc. , shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks , etc. , shall be replaced at the Contractor's expense. 2.02 ENGINEER'S AUTHORITY AND DUTY : Unless otherwise specified , it is mutually agreed between the parties to this Agreement that the Engineer shall supervise all work included herein. He has the authority to stop the work whenever such stoppage may be neces- sary to insure the proper execution of the contract . In order to prevent delays and disputes and to discourage litigation, it Is further agreed that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be ptid for under this contract . He shall determine all questions In relation to said work and the construction thereof , and shall in all cases decide every question which may arias relative to the execution of this contrac' on the part of said Contractor. The Engineer' s estimates and findings shall be the conditions precedent to the right of the parties hereto to arbitratiou or to any action on the contract , and to any rights of the Contractor to receive any money under • 2 this contract ; provided , however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Engineer within thirty (30) days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the question so raised to arbitration as herein provided . It is the intent of this agreement that there shall be no delay in the execution of the work; therefore, the written dec:sion or directions of the Engineer as rendered shall be promptly carried out , and any claim arising therefrom t,hall be thereafter adjusted by arbitration as hereinaft( r provided. The Engineer shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claitne of the parties hereto :end on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Engineer fail to make such decision within a reason- able time, an appeal to arbitration may be taken as if his decision has been rendered against the party appealing. Whenever the words "directed", "required", "permitted", "designated", • "consider�l necessary it "prescribed", or words of like import are used, it shall be understood that the direction, requirement , permission, order, designation or prescription, of the Engineer is intended; and similarly, the words "approval", "acceptable", "satisfactory", or words of like import shall mean approved by or acceptable or satisfactory to the Engineer. 2. 03 SUPERINTENDENCE AND INSPECTION: It is agreed by the Contractor that the Engineer shall be and is hereby authorized to appoint from time to time such subordinate engineers , supervisors or inspectory as the said Engineer awy deem proper to inspect the material furnished end the work done under this agreement , and to see that the said material is furnished and said work is done in Eccordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers , supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed , when such directions and instructions are consistent with the obligations of this Agreement and the accompanying plans and specifications; provided , however, should the Contractor object to any order by any subordi- nate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Engineer for his decision. 3 i • 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE: The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress , a competent superintendent and any necessary assistants , all satisfactory to the Engineer. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. Important directions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. 2.05 CONTRACTOR'S UNDERSTANDING: It is understood and agreed that the Contractor has , by careful examination, satisfied himself as to the nature and location of the cork , the conformation of the ground, the character, quality of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract , shall affect or modify any of the terms or obligations herein contained. 2 .06 CHARACTER OF WOROMN: The Contractor agrees to employ only orderly • and competent men, skillful in the performance of the type of work required under this contract , to do the work; and agrees that whenever the Engineer shall inform him in writing that any man or men on the work are, in his opinion, incompetent , unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Engineer's written consent . 2 .07 CONTRACTOR' S BUILDING: The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, aad the sanitary conditions of the grounds in or about such structures shall. at ail times be maintained in a manner satisfactory to the Engineer. 2.08 SANITATION: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced . 2.09 SHOP DRAWI14CS: The Cont actor shall submit to the Engireer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four copies , unless otherwise specified , of all shop 4 • and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reesonable promptness , making desired corrections. The Contractor shall make any correction required by the Engineer , file with him cwo corrected copies and furnish such other copies as may be needed . The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for deviations for errors of any sort in shop drawings or schedules. 2 .10 PRELIMINARY APPROVAL: The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, all in full accordance with the plans and specifications. No failure or omission of the Engineer to Condemn any defective work or material shall release the Contractor from the obligations to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished , and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the' Owner, unless it can be • clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination by the Engineer, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examina- tion and repiacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner; provided that , where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed wit!i such work requiring prior inspection or approval, he shall bear all expense of taking up, removing, and replacing this work, if so directed by the Engineer. 2 .11 DEFECTS AND THEIR REMEDIES: It is furthe- agreed that if the work of any part thereof, or any matazt--t brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the specifications , the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract . S I I • 2 . 12 CHANGES AND ALTERATIONS : The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line , grade , form, dimensions , plans , or materials for the work herein contemplated , or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and payment bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages , or anticipated profits of the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment". If the amount of work is increased, and the work can falkly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any , established for such work under this contract , except as provided for unit price items under Section 5 "Measurement and Payment"; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as make useless any work already done, or material already furnished or used in said work, then the Owner shall recompenau the Contractor for any material or labor so used, and for any loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. • 2. 13 RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENTI If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work or the rate of progress required under this contract , the Engineer may order the Contractor In writing to increase their safety ar improve their character and efficiency, and the Contractor shall comply with such order. If at any time the working force of the Contractor is inadequate for securing the progress herein specified , the Contractor shall, if so ordered in writing, increase his force or equipment , or both , to such an extent as to give reasonable assurance of compliance with the schedule of progress . 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE: The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the Contractor shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS: All drawings , specifications and copies thereof furnished by the Engineer shall not be reused on other work, and , with the exception of the signed contract sets , ate to be returned to him on request , at the completion of the work. All models are the property of the Omer. 0 • 3.03 ADEQUACY OF DESIGN: It is understood that the Owner believes he has employed competent engineers and designers . It is, therefore, agreed that the Owner shall be' responsible for the adequacy of the design, sufficiency of the Contract Documents , the safety of the structure And the practicability of the operations of the completed project ; provided, the Contractor has complied with the requirements of the said Contract Documents, all approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirement3 of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY: The Owner reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect , for the purpose of supervising and inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 COLLATERAL CONTRACTS: The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract , in such manner as not to delay the progress on the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere it the Contract Documents. • 3.06 DISCREPANCIES AND OMISSIONS : It is further agreed that it is the intent of this contract that all work must be done and all material must be :urnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documental specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT: The Contractor shall provide all tools , equipment , machinery, materials, and construction plant and facilities necessary in the prosecution and completion of the contract, except as otherwise specifically set forth to be provided by the Owner. The Contractor shall be responsible for the care, preservation, conservation, protection of all tools, apparatus , accessories , facilities, all means of construction , and any and all parts of the work, whetner the Contractor has been paid, partially paid , or not paid for such work, until the entire work Is completed and accepted. 3.08 DAMAGES: In the event the Contractor is damaged in the course of the completion of the work by the act , neglect , omission, mistake , or default of the Amer, or of the Engineer, or of any other Contractor employed by the Amer upon the work, thereby causing lose to the Contractor, the Owner agrees that he will reimbur3e the Contractor for such loss . In the event , the Owner is damal;ed in the course of the work by the act, negligence , omission , mistake , or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause • 7 loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss . 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC: The Contractor shall take out and procure a policy or policies of workmen 's compensation insurance with an insurance company licensed to transact business in the State of Texas , which policy shall comply with the Workmen's Compensation Law of the State, of Texas. The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and s1,all comply with all applicable pruvisions of Federal , State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards , safe walk-ways , ladders, bridges , gangplanks, and other safety devices as may be required by the Engineer as requisite to the prevention of .accidents. The Contractor and his Sureties shall indemnify and save harmless the Owner and all his officers, agents, and employees from all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or proprrty, on account of any negligent act or fault of Contractor, his agents or employees, in the execution of said contract ; or on account of the failure of the Contractor to provide necessary barricades , warning lights or signs ; and will be required to p&, any judgment, with coats, which may be obtained against the Owner growing out of such injury or damage. 3. 10 PERFORMANCE AND PAYMENT BONDS : Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hunderd (100) per cent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the +pork and the fulfillment of any guarantees required , and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equip- ment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise approved in writing by the Owner, the surety company under- writing the bonds shall be acceptable according to the latest list of companies holdioR certificates of authority from the Secrerary of the Treasury of the United States. 8 Unless otherwise specified , the cost of the premium for the performance and payment bonds shall be included in the Contractor's proposal . 3. 11 LOSSES FROM NATLTRAL CAUSES: Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforseen circumstances in the prosecution of the same, or from unusual obstruc ons or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY: The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury b reason of said process of construction ; and he shall Le liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract ; but any such indemnity shall not apply to any claim of any' kind arising out of the existence or character of the work. • 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of sub-contractors, laborers , workmen, mechanics, materialmen, and furnishera of machinery and parts thereof, equipment , power tools, and all supplies, including commissdry, incurred in the further- ance of the performance of this contract. When do desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails so to do, then the Owner may at the option of the Contractor either pay directly any unpaid bills , of which the Owner has written notice , or withhold from the Contractor 's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged; where upon payments to the Contractor shall be resumed in full , in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upo,, Owner by either the Contractor or hia Surety. 9 3. 14 PROTECTION AGAINST ROYALTIES OR PATENTED IPPiENTION: The Contractor shall pay all royalties and license fees, and shall provide for the use of any design , device , material or process covered by letters patent or copyright by suitable legal agreement with the patentee or Owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device , material , or process, or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided howsver, if choice of alternate design, device, material, or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified required by the Owner is an infringement , the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3 .15 LAWS AND ORDINANCES : The Contractor shall at all times observe and comply with all Federal , State, and local laws , ordinances and regulations , which in any manner affect the Contract or t:.e work, and shall indemnify and save harmless the Owner against any claim arising from the fiiolation of any such laws, ordinances, and regulation, whether by the Contractor or his employees except where such violations are called for by the provisions of the Contract Documents . If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the some regulates the objects for which, or the mariner in which the Owner may enter into contract , shall be controlling, and shall be considered as part of this contract , to the same effect as though embodied herein. 3. 16 ASSIGNMENT AND SUBLETTING: The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign the Power of Attorney, or otherwise, or sublet said contract without the consent of the Owner, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. • 10 i 3. 17 CONTRACTOR'S AND SUE-CONTRACTOR' S ,'' 'ANCE: The Contractor shall not commence work under this contract u, a has obtained all the insurance required under the followi:.,- suc-Varagraphs and such insurance has been approved by the Owner, nor shall the Contractor allow any sub- contractor to commence work on a sub-contract as required for the Contractor. 3. 171 COMPENSATION INSURANCE : The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance for all of his employees to be engaged in work on the project under this contract and, in case of any such work sublet , the Contractor shall require the sub-contractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work, unless such employees are covered by the protection afforded by the Contractor's Workmen 's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen 's Compersation Statute, the Contractor shall provide and shall cause each sub-contractor to provide adequate Employer's General Liability Insurance for the protection of such of his employees not otherwise protected. 3. 172 CONTRACTOR' S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shaft procure and shall maintain during the life of this contract Contractor's Public Liability Insurance in an amount not less than $50,000 for injuries , including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $100,000 on account of aie accident , and Contractor's Property Damage Insurance in an amount o:` not less than %125,000 on account of one accident and $50,000 aggregate. 3. 173 ADDITIONAL LIABILITY : The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: a. Contingent Liability b. Blasting, prior to any blasting being done c. Collapse of buildings or structures adjacent to excavation (if. excavations are to be performed adjacent to same) d. Damage to underground utilities e. Builders risk (where above-ground structures are involved) lI • • 3. 174 AUTOMOBILE INSURANCE - BODILY INJURY AND FROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this contract , Automobile Insurance in an amount not less than $25,000 for idjuries , Including accidental death, to any one person and subject to the same limit for each person , an amount not less than $50,000 on account of one accident , and automobile property damage insurance in an aaiunt not less than $5,000. 3.175 SCOPE OF INSURANCE AND SPECIAL HAZARD: The Insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract , whether such operations by the induced or by any one directly or indirectly employed by him. Insurance also shall be provided against special hazards, if any, as may be set forth in the Special Conditions or Special Provisions , or elsewhere in these Contract Documents. 3. 176 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Amer. Proof of carriage of insurance by sub-contractors shall be furnished. • 4 . PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION: It is the meaning and intent of this contract , unless otherwise herein specifically provided , that the contractor shall be allowed to prosecute his work at such tip ^s and seasons, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and .he time of prosecution shall be such that the work shall be substantially completed as a whole and in part , in accordance with this contract , the plans and specifications, and within the time of completion designated in the Proposal; provided, also that when the Owner is having other work done, either by contract or by his own force , the Engineer may direct the time and manner of constructing the work done under this contract , so that conflict will be avoided an4 the construction of the various works being done for the Amer shall be harmonized. The Contractor shall submit , at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work with dates in which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 EXTENSION OF TIME: Should the Contractor be delayed in the completion of the work by any act or neglect of the Amer or Engineer, or of any employees of either, or by other contractors employed by the Owner, or by 12 ASI • changes ordered in the work, or by strikes , lockouts, fires. and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control , or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer; provided , however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. 4.03 HINDRANCES AND DELAYS: No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the Owner) during the progress of any portion of the work embraced in this contract . In case said work shall be stopped by the act of the Owner, then aucb expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 4.04 LIQUIDATED DAMAGES : The Contractor agrees that time is of the essence on this contract , and that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as is provided for under Extension of Time hereinabove) , the Omer may withhold permanently from the Contractor's total compensation, the sum set forth in • the Special Conditions or Special Provisions (or as elsewhere set forth In these Contract Documents) , as stipulated liquidated damages for such delay. 5. MEASUREMENT AND PAYMENT 5.01 QUANTITIES AND MEASUREMENTS: No extra or customary measurements of any kind will be allowed , but the actual measured and/or computed length, area, solid contents, number, and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES: This Agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this Contract , they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. If is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished . • 13 MW Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done , the material actually furnished under this contract and the estimated quantities contem- plated and contained in the proposal; provided, however , that in case the actual quantity of any item should become as much as 25% more than, or 25% lens than the estimated or contemplated quantity for such items , then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 25% of the estimated quantity. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". 5.03 PRICE OF WORK: In consideration of the furnishing of all the necessary labor, equipment and material , the completion of all work by the Contractor, and on the completion of all work and of the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein con- tained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached; which has been made a part of this contract . The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement , the attached specifi- cations , and requirements of the Engineer. 5.04 PARTIAL P .HENTS : On or before the 10th day of each month the Engineer shall prepare a statement showing as completely as practicable the total value of the work done by the Contractor up to and including the last day of the preceeding month. Said state- ment shall also include the value of all sound materials delivered on %7he site of the w:nrk that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the 15th day of the current month the total amount of the Engineer' s state- ment, less 10 per cent of the amount thereof, which 10 percent shall be retained until final payment and further less all previous payments and all further sums as agreed upon. It is understood, however, that in case the whole work bu near to completion and some unex- pected and unusual delay occurs due to no fault or neglect on the part of the Contractor , the Jwner may, upon written recommendat+.on of the Engineer, pay a reasc-,able and equitable portion Y of the retained percentage to the Contractor= or the Contractor, of the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". 5.05 USE OF COLLETED PORTIONSs The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work on such portions may not have expired, but such taking posseas}oo and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use incFeeses the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. 5.06 FINAL COHP1=,ION AND ACCEPTANCE: Within ten (10) days after the Contractor has given the Engineer writtrm notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Engineer shall issue to the Owner and tbf Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner within the ten (10) days to issue a Certificate of Acceptance of the work to the Contractor. 5.07 FINAL PAYMENT: Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of tte Agreement and shall certify same to the Owner, who shall pay to the Contractor on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this Agreement , provided he has fully performed his contractual obligations under the terms of this contract= and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment , nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Special Conditions of the Specifications. 308 ZA=S WITHHELD: The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any esrtifiCate to such extent as may be necessary to protect himself iron loss on account of: • 15 a. Defective work not remedied b. Claims filed or reasonable evidence indicating probable filing or claims . c. Failure of the Contractor to make payments properly to sub-contractors or for materials or labor d. Damage to another contractor When the above grounds are removed, or the Contractor provided a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5. 09 DELAYED PAYMENTS : Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, or should the Engineer fail to issue any statement on or before the date above provided , then the Owner shall pay to the Contractor, `n addition to the sum shown as due by such statement , interest theroon at the rate of six (6) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment , but the right is expressly reserved to the Contractor in the event payments be not promptly made, as provided under "Partial Payments", at any time thereafter to treat the contract as abandoned by the Owner and recover compensation, as provided under "Abandonment of Contract", unless such payments are withheld in accordance with the provisions of "Payments Withheld". 6. EXTRA WORK AND CLAIMS 6. 01 SUTRA WORK: It is agreed that the Contractor shall perform all Extra Work under the direction of the Engineer when presented with a Written Work Order signed by the Engineer, subject however, to the right of the Contractor to require a written confirmation of such Extra Work Order by the Owner. It is also agreed that the compensation to be pail the Contractor for perform.t:g said Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices; or Method B - By agreed lump sum; or Method C - If neither Method A nor Method B be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) per cent . • 16 In the event , said Extra Work be performed and paid for under Method C, then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers , mechanics, and laborers, and materials , supplies, teams, trucks, and rentals on machinery and equipment , for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water, and similar operating sxpenses , also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds, and Maintenance Bonda, and on Public Liability and Property Damage, and Workmen's Compen- sation, and all other insurance as may be required by any law or ordinance, or directly by tre Engineer or Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer may also specify in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent , unless otherwise specified, of the latest schedule of Equipment Ownership Expense ad6pted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15) per cent of the "actual field cost" t., be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendance, and field office expense, and all other elements of coat and expense not embraced within the "actual field cost" as hereindtfined, save that where the Contractor's Camp or Field Office must be daintained primarily on account of such Extra Work; then the cesc to maintain and operate the same shall be included in the "actual field cost ." No clam for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should 'receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor • 17 shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method C. The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.02 TIME OF FILING CLAIMS : It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions , order or instruction to which the Contractor desires to take exception. The Engineer shall, within a reasonable time, reply to such written exceptions by the Contractor and render 14s. final decision in writing. In case the Contractor should appeal from the Engineer's decision, a demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after he date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except where noted otherwise in the Contract Documents. • 6.03 ARBITRATION: All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter; otherwise, there shall be three, one named in writing by each party and the third chosed by the two arbiters so selected ; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge a(srving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or Informa- tion demanded in writing , the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract . The decision of the arbiters upon any question submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect . The arbiter ; if they deem the case demands it , are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal , and if the appeal was taken without reasonable cause , they may award damages for delay occasioned thereby. The arbiters 18 s shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. ABANDONMENT OF CONTRACT 7 .01 ABANDONMENT BY CONTRACTOR: In case the Contractor should abandon and fail or refuse to resume work within ten (10) day& after written notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Surety on the bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment , the Contractor shall not remove from the work any machinery, equipment, tools, materials , or supplies then on the job, but the same , together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the surety on the performance • and payment bonds, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6 , Extra Work and Claims) , it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Sv- ety should fail to commence compliance with the notice for completion hereinbefore, with a ten (10) days after service of such notice, then the owner may provide for completion of the work in either of the following elective manners : 7 .011 The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment ,tools, .materlals, and supplies to said Contractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may thereafter at any time become due to the Contractor under and by virtue of this Agreement . In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the Contractor, then said Contractor shall receive the difference. • 19 In case such expense is greater than tit. sum which would have been payable under this contract if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or 7 012 The Owner, under sealtd bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the asma terms and conditions which are provided in this contract. In case of any increase in cost to the Owner. under the new contract as compared to what would have been the cost under this contract , such increases shall be charged to the Contractor and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be leas than what would have been the cost to complete under this contract, the Contractor and/or his Surety shall be credited with the difference. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and Certificates of Completion and Acceptances, as provided in. Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract amounts , certified by the Engineer as bei*.., correct , shall then be prepared and delivered to the Contractor ; ni his Surety , whereupon the Contractor and/or his Surety must pay any amount due the Owner, as indicated by said statement, within fifteen (15) days after the date of such Certificate of Cow2let+nn. In the event the statement Lf accounts shows that the cost to complete the work is less. than that which would have been the cost to the Owner had the work been cc.°-pleted by the Contractor under the terms of this Contract , then all machinery, equipment, tools, materials, or supplies left on the .:ite. of work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price , and the Contractor and/or his Surety fail to pay the amount due to the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of work, notice .thereof, together with an itemized list of such- equipment and materials . shall be .nailed to the Contractor as designated in this contract ; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property After fifteen (15) days from the date of • 20 • said notice the Owner may sell such machinery, equipmRr ;, tools, materials , or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety . Such sale may be made at either public or private sales, with or without notice, as the Owner may elect . The Owner shall release any machinery, equipment, tools , materials, or supplies, which remain on the work and belong to persons other than the Contractor or his Surety, to their proper owners. The books on all operations here- in shall be open to the Contractor and his Surety. 1.02 ABANDONMENT BY OWNER: In case the Owner shall fail to comply with the terms of this Contract , and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools , and equipment, and all materials on the site of work that have not been inciuded in payments to the Contractor and have not been wrought into the work. And thereupon, the Engineer shall make an estimate of the total amount e.irn2d by the Contractor, w`.ich estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used) , the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which ►. can be utilized. The Engineer shall then mane a final statement of the balance due to the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agree- ment , and shall certify same to the Owner, who shall pay to the Contractor, on or before thirty (30) deys after the date of the notification by the Contractor , the balance shown by said final statement as due the Contractor under the terms of this Agreement . • 21 • SEQUOIA PARK PAVING IMPROVE OTS DETAIL SPECIFICATIQNS SECTION - 105 GhNERAL 100.1 MATERIALS: These specifications are intended to be so written that ' only materials of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and protecting them adequately until incorporation ir the project . The specifications for materials set out the minimum standard of quality which the 0,.ner believes necessary to procure a satisfactory project . No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material % ich has been specified. 100.2 Wi0Pi NSHIP: These specifications contain detail instructions and descriptio ss 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 full responsibility for providing a completed project of high quality, first class finish and appearance, and satisfactory for operation, all within the apparent intent of the plans and specifications . 100.3 lVmLING bJATERIALS NOT APPROVED: The Contractor shall remove from the site any materia s oun to be dam aged, and any materials not meeting the specifications . These materials shall be removed promptly, unless the Engineer will accept the materials after repairing. Materials %%Iiich are installed and found damaged or not acceptable, shall be -removed and replaced. Inspection before installation shall not relieve the Contractor from responsibility to furnish good quality materials . • 100-1 • SECTION 101 - FLEXIBLE BASE, CRUSHED STONE 101.1 DESCRIPTION: Additional flexible base supplied shall be class 1 base material consisting of durable particles of stone mixed with approved binding materials. The base material shall be approved by the Engineer at the source. 101. 2 MATERIAL: Base material shall meet the following requirements: Retained on 1 3/4 inch sieve 0% Retained on 7/8 inch sieve 8 to 30% Retained on 3/8 inch sieve 30 to 501 Retained on No. 4 sieve 45 to 6S1 Retained on No. 40 sieve 70 to 801 Material passing the No. 40 sieve shall meet the following requirements when tested in accordance with Test Method Tex - 101 - E: Maximum Liquid Limit 3S Maximus Plasticity Index 10 101. 3 SOURCE OF WATER: The Contractor shall make his own arrangements for construction water, is is not a pay item, but will he included in price bid for other items. 1U1.4 GENERAL REQUIRBIENFS: Prior to placing additional flexible base material, the existing base material Shall be scarified or roughened by plowing to a depth of four (4) inches and uniformly wetted to approximately optimum moisture.. The base material shall be delivered from the crusher in approved vehicles of a uniform capacity. It shall be the responsibility of the Contractor to assure that the amount of material delivered will result in the required compacted thickness . 101 .5 OONSTRUCFIGN ( 1 flIODS: Spreading and shaping shall be done in a manner which will properTy and thoroughly mix the material and prevent segregation. When shaping is completed, the material shall be uniformly well graded and of a proper thickness. Material deposited shall be spread and shaped the same day. In the event inclement weather or other u,iforeseen circumstances render impractical the spreading of the material during the day in which it is deposited, the material shall be corrected or rer.jved and replaced as directed by the Engineer. All areas and nests of segregated coarse or fine materials shall be corrected or removed and replaced with well graded material . If additional or corre:tive binder is required, it shall be furnished and applied in the amount lirected by the Engineer. Such binder material shall be carefully and evenly incorporated with the material in place by scarifying, harrowing, discing, or other approved methods . 101. 1 101 .6 MIPACTING ANN) FINISHING: After the material has been properly spread, it shall be sprinkled , rolled, and bladed until thoroughly compacted to 95% modified Proctor Density . During the process of compaction, %ater shall be applied in such a manner as to maintain optimum moisture in the material and the base course shall be bladed sufficiently to insure a uniform distribu- tion of base materials and a smooth uniform surface, true to :section and grades established after final compaction. Throughout the entire operation, the shape of the course shall be maintained by blading and the surface upon completion shall be smooth and in conformity with the typical sections shown on the plans and to the established lines and grades . Any deviation in excess of three-eights (3/8") inch as shcA%m by a straight edge or template shall be corrected immediately by scarifying the areas affected, adding suitable material as required, reshapingtiand recampacting by sprinkling and rolling . 101 .7 ADJUSTING MMiOLE MD VALVE BOY COVERS: The Contractor shall lower 0 ' man io es an valve oxes a ow su gra a oefore placing the initial layer of base material , protecting the openings Srith hatch covers. the locations of the manholes and valve boxes shall be carefully referenced. Prior to placing the asphalt surface, they shall be adjusted to finish grade and backfilled up to the abutting surface of the compacted base with 3,000 psi concrete. Special care shall be used in resetting valve boxes so that • the valve will operate properly. The Contractor shall be responsible for the protection of all existing valve boxes , and am valve boxes on manhole rings and covers damaged by the Contractor's operations shall be replaced at the Contractor's expense . - 101 .8 MSURE`EN'r AND PA1fi07: Measurement of base shall be by the cubic yard loose volume.— easur_& nt for manholes and valve hoxes adjusted shall be per each. Payment shall be made on the contract unit prices bid for each item, which price shall include all material , labor, and equipment necessary for a complete instillation, including the 3,000 psi concrete required for manhole and valve box. adjustments . 101 .9 VALLEY GUTTERS: Valley gutters shell be constructed in accordance with the City of Denton Standard Specifications and shall he measured and paid for at the unit price bid per square yard, which price shall include payment for all items of work and materials including reinforcing steel . 101-2 • SECTION 102 - HDT MIX ASPHALT 102. 1 GEYER4L: This item covers the construction of a two (211) inch wearing course o of mix asphaltic concrete as shown on the Plans , and the placing of a leveling course where required. It is the! intent of this specification to produce a mixture which, when designed and tested in accordance with the specifications and methods outlined in Texas Highway Department Bulletin C-14 , shall conform to Item 317, "Hot Mix As-^haltic Concrete Pavement;" of the Texas Highway Department. The two (215 inch wearing couj :,e shall be type "D" hot mix asphaltic concrete, with at least 501 of the aggregate having one or more crushed faces . The tack coat shall also conform to Item 317 , Texas Highway Department . 102 .2 CQNMR)CTION NEWDS: ;%Tken, in the opinion of the Engineer, the base is thoroughly dry and is satisfactory to receive the prime coat, the surface shall be cleaned by sweeping or other approved mehtods. The asphaltic material shall then be applied to the cleaned base at an approximate rate directed by the Engineer between the limits of 0.2 to 0. 3 gallon or an average of 0.25 gallon per square yard of surface area. The application shall be made with an approved type of self-propelled pressure distributor so constructed and operated as to distribute the material evenly and . smoothly in the quantity specified or directed. Cut-back asphalt shall be applied at a temperature between 125 degrees and 1.75 degrees F. 102.? WARNING TO CON'T'RACTOR: Attention is. directed to the fact that these materials are very in amabTe. The utmost care shall be taken to prevent open flames from coming in contact with the asphaltic material or the bases of same. The contractor shall be responsible for any fires or accidents which may result from heating the asphaltic materials . No traffic, hauling, or placement of any subsequent courses shall be permitted over the freshly applied prime coat until authorized by the Engineer. 102 .4 ME4SURF-2Xf AW PAl'NM: Measurement for the item "blot Mix Asphaltic Concrete shall eemeasrFLrTy the square yard in place . No additional payment shall be made for prime coat , vihich shall be considered incidental to the placing of the asphaltic concrete. 102-1 • SECTION 103 - PROJECT ,IMI1TE.NANCE, CLEAWP ADD GUARAN EE: 103. 1 GENERAL: During the prosecution of the work the Contractor shall . maintaine project site in orderly and acceptable manner. Upon completion of any unit of work it shall be maintained by the Contractor until accepted by the Owner. (icon completion as a whole of any section of work covered by these contract documents and before final acceptance and final pa)zrent will be made, the Contractor shall clean and remove from the site of the project surplus and discarded materials, temporary structure, and debris of every kind; he shall leave the site of all work in a neat and orderly condition equal to tha-, which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. 103.2 GUARANTEE: The Contractor shall guarantee the work for a period of one year after date of acceptance by the Nmer. During this period the Contractor shall make any repairs and/or replacement of defective materials, reworking due to poor workmanship , all as may be required for full compliance with these Specifications. This guarantee shall apply to all • matters reported by the Owner in writing within one (1) year period and this guarantee shall be covered by the extension of the Performance Bond. J 103-1 The above plans , specifications, bid, bid proposnl , and/or drawings are hereby approved by the contracting parties, and are incorporated into and made a part of the general contract agreement by -ind between the Contractor and the City of Denton, called Owner. Dated and endorsed this day of NO A.D. , 19_4b . Jagoe-Public CamparW Contractor By: -. CITY OF WNTON, TEVS, 01WER ! By: I;ZA .w/4 ; R ert I:?�earce Director of Community Development ��noaQ���o� CEO O 4 n & O ti OOOV� 'i Hrc0� O ` y O C9 r3 o a m 40 DOO��DO r N s +000 X0005030 $1,000,000 ELECTRIC REVENUE BONDS, SERIES 1968 AND =1,000,000 GENERAL OBLIGATION BONDS, SERIES 1968 �. SELLING TUESDAY, JANUARY 23, 1968, AT SHOO PM, CST • I CITY OFFICIALS Zeke Martin ------------------------------ Mayor Warren Whitson, Jr., Councilman : J. T. -Jones, Jr. , Councilman L. A. Mellon, Councilman Marvin Loveless, Councilman Jack L. Reynolds ------------------ City Manager brooks Holt --------------------- City Secretary Jack Kirkpatrick ----------- Director of finance Hush Mixon -------------- Tax Assessor-Collector PPEPAREO BY FIRST SOUTHWEST COfM►111Y INVESTMENT BANKERS MERCANTILE BANK OUIMMO CALIAS. TLIVIS 7W OFFICIAL BID FORM January 23, 1968 Honorable Mayor and City Council City of Denton Denton, Texas Gentleman: Reference is made to your "Official Notice of Sale" and 'Official Statement". dated January 10. 1960, of $1,004,000 CITY OF DENTON, TEXAS GENERAL OBLIGATION BONDS, SERIES 1968, both of which constitute a part hereof. For your legally issued bonds, being issued for the improvement of the streets of said City, as described in said Notice, we will pay you par and accrued interest from February 1, 1968, to date of delivery to us, plus a cash premium of $ for bonds maturing and bearing interest as follows: Interest Interest Amount Maturity Rate Amount Maturity Rate 25,000 2-1-69 % $50.000 2-1-79 % 50,000 2-1-70 % 50,000 2-1-80 % 50,000 2-1-71 X 50,000 2-1-81 7 50,000 2-1-72 % 50,000 2-1-82 % 50,000 2-1-73 7. 50,000 2-1-83 % 50,000 2-1-74 % 50,000 2.1-64 % 30,000 2-1-75 % 50,000 2-1-85 % 50,000 2-1-76 % 5C,000 2-1-86 % 30,000 2-1-77 L 50,000 2-1-87 X 50,000 2-1-76 % 75,000 2-1-88 i Interest cost, in accordance with the above bid, is: Gross Interest Cost $_ Less Premium NET INTEREST COST $ EFFECTIVE INTEREST RATE % Attached hereto is Cashier's - Certified Check of the Bank, , in the amount of $90,000.00, which represents our Good Faith Deposit, and which is submitted in accordance with the terms as set forth in the 'Official Notice of Sala" and 'Official Statement". Respectfully submitted, By Authorized Representative ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 23rd day of January, 1968, Mayor, City of Denton, Texas ATTESTr City Secretary, City of Denton, Taus eere,r,� R,itcrn of Good Faith Deposit is hereby acknowledged: By OFFICIAL AID FORM January 23, 1968 Honorable Mayor and City Council City of Denton Denton, Texas Gentlemen: Reference is made to your "Official Notice of Sale" and "Official Statement", dated January 10, 1968, of $1,000,000 CITY OF DENTON, TEXAS GENERAL OBLIGATION BONDS, FERIES 1968, both of which constitute a part hereof. For your legally issued bonds, being issued for the improvement of the streets of said City, as described in rsid Notice, we will pay you par and accrued Interest from February 1, 1968, to data of delivery to us, plus a cash premium of $ for bonds maturing and bearing interest as follows: Interest Interest Amount Maturit Rate Amount 1laturit Rats 251E 1-69 X 50,000E 1-79 x 50,000 2-1-70 % 50,000 2-1-80 % 50,000 2-1-71 % 50,000 2-1-81 % 50,000 2-1-72 % 50,000 2-1-82 % 50,000 2-1-73 % 50,000 2-1-83 % 50,000 2-1-74 % 50,000 2-1-84 % 50,000 2-1-75 % 50,000 2-1-85 % 50,000 2-1-76 % 50,D00 2-1-66 % 50,000 2-1-77 % 50,000 2-1-87 % 50,000 2-1-78 % 75,000 2-1-88 % Interest cost, in accordance with the above bid, is: Gross Interest Cost $ Less vreaium NET INTEREST COST $ EFFECTIVE INTEREST RATE % Attached hereto is Cashier's - Certified Check of the Bank, ' in the amount of $20, .00, which represents our Good Faith Deposit, and which is submitted in accordance with the teems a set forth in the "Official notice of Sale" and "Official Statement". Respectfully submitted, By Authorised Representative ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 23rd day of January, 1968. Mayor, City of Denton, Texas ATTESTt City Secretary, City of Denton, Texas ♦Aa*## Return of Good faith Deposit is hereby acknowledged; By CTFICIAL BID FORK January 23, 1968 Honorable Mayor a•.:d City Council City of Denton Denton, Texas Gentlemen: Reference is made to your "Official Notice of Sale" and "Official Statement", dated Januarm, 10, 1965, of $1,000,000 CITY OF DENTON, TEXAS ELECTRIC REVENUE BONDS, SERIES 1968, both of which constitute a part hereof. For your legally issued bonds, being isaaed for improvements and addition$ to the City of Denton Electric System, as described in said Notice, we will pay you par and accrued interest from February 1, 1965, to date of delivery to us, plus a cash premium of S for bonds maturing and bearing interest as follows: Interest Interest Amount Maturity Rate Amount Maturity Rate 50,000 ll- 1-69 % $50,000 11- 1-79 % 50,000 It- 1-70 % 50,000 I1- 1-80 % 50,000 It- 1-71 X 50,000 11- 1-51 % 50,000 11- 1-72 % 50,000 It- L-82 % 50,000 It- 1-73 X 50,000 11- 1-83 % 50,000 11- 1-74 % 50,000 11- 1-84 % 50,000 11- 1-73 % 50,000 11- I-85 x 50,000 11- 1-76 % 50,000 11- 1-86 % 50,000 I1- 1-77 % 30,000 11- 1-87 -1{ 50,000 11- 1-78 % 50,000 11- 1-88 1 Interest cost, in accordance with the above bid, is: Gross Interest Cost $ Less Premium NET INTEREST COST $ EFFECTIVE INTEREST RATE 7 Attached hereto is Cashier's - Certified Check of the Bank, in the amount of $20.000.00, which repres+its our Good Faith Deposit, and which is submitted in accordance with thr terms as set forth in the "Official Notice of Sate" and "Offtc W .0t.stement". Respectfully submitted, By Authorised Representative ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, t`is the 23rd day of January, 1965. Mayor, City of Denton, Texas ATTESTt City Secretary, City of Denton, Texas e,►e,►w,► Return of Good Faith Deposit is hereby acknowledged: By OrrlCUt DID FORM January 23, 1968 Honorable Mayor and City Council . .W of Denton Dentou, __..... Gentlemen: Reference is made to your "Official Notice of Sale" and "Official Statement", dated January 10, 1968, of $1.000,000 CITY OF DENTON, TEXAS ELECTRIC REVENUE BONDS, SERIES 1968, both of which constitute a part hereof. For your legally issued bonds, being issued for improvement& and additLons to the City of Denton Electric System, as described in said Notice, we vill pay you par and accrued interest from February 1, 1968, to date of delivery to us, plus a %ash premium of $ for bonds maturing and bearing interest as follows: Interest Interest Amount Maturity Let* Amount Maturity Rate 350,000 IF. 1-69 % $30,000 It- 1-79 % 50,000 11- 1-70 X 50,000 11- 1-80 X 50,000 11- 1-71 % 50,000 I1- I-el X 50,000 11- 1-72 X 50,000 11- 1-82 % 50,000 11- 1-73 % 50,000 11- 1-83 % 50,000 11- 1-74 x 30,000 11- 1-84 X 50,000 It- 1-75 % 30,000 11- t.-85 X 50,000 11- 1-76 X 50,000 11- 1-86 % 50,000 It- 1-77 X 50,000 it- I-87 --X 50,000 11- 1-76 X 50,000 It- 1-88 X Interest cost, in accordance with the above bid, is: Cross Interest Cost $ Less Premium NET INTEREST COST $ EFTFCTIVE INTEREST RATE X Attached hereto is Cashier's - Ccrtified Check of the Sank, in the amount of $20,000.00, whit represents our Good Faith Deposit, ana which is submitted in accordance with the terms as set forth in the "Official Notice of gale" and "Official Statement". Respectfully submitted, By Authorisod Representative Amu ANCE CLAUSE The above and foregoing bid is hetaby in all things accepted by the City of Denton, Taus, this the 23rd day of January, 1966. Mayor, City Of Denton, Texas ATTESTi City Secretary, City of Denton, Texas Return of Good Faith Deposit is hereby acknowladgedt Dy OFFICIAL NOTICE OF SALA $1;000,000 ELECTRIC SYSTEM REVENUE BONDS, SERIES 1968 and $1,000,000 GENERAL OBLIGATION BONDS, SERIES 1968 of the CITY OF DENTON, TEXAS Selling Tuesday, January 23, 1968, at 8:00 PM, CST t Place and Time of Sale ... The City Council of the City of Denton, Texas, will receive sealed bids at the C:.ty Hall, until 8:00 PM, CST, Tuesday, January 23, 1968, for the above bond , more compl,eteiy described in the "Official Statements" , which are a part hereof. Address of Bids . . . Scale! Was plainly marked "Bid for Bonds", should be Addressed to "My- or and City Council, City of Denton, Texas". All bids must be submitted on the "Official e'.d Form", copies of which are enclosed; IM of Bids and Interest Rates . . . The bonds will be sold in two separate blocks: (1) $1,000,000 Electric System Revenue Eonds, Series 1968; and (2) $1,000,000 General Obliga- tion Bonds , Series 1968. Bids submitted must be for all or none of each of the blacks bid upon. ;io bid of less than par and accrued interest will be considered. Bidders mist specify the rate or rates of interest the bonds will bear, but no coupon rate in excess of 5% will be acceptable. Coupon rates may be in multiples of 1/9 of 1% or 1/20 of 12. Within a single maturity, there shall be no graudating or declining c,,j�4,na or split rates , and no supplemental or zero coupons will be considered. All bids Bust be submitted on the "Official Bta Form" without alteration or interlineation. Basis for Award .. . For the purpose of awarding the bonds, the interest cost of each bid will be computed by determining at the rate or rates specified therein the total dollar value of all interest cn the bonds from the date thereof to their respective maturities and deducting therefrom the premium bid, if any. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. Good Faith Deposit . . . Each bid oust be accompanied by a Cashier's or Certified Check, pay- able to the "City of Denton, Texas", in the amount of 2% of the par value swunt of bonds bid upon. This check will be considered as a Good Faith Deposit. The checks of the successful bidders will be retained by the 'ity to assure performance of the contract on the part of the successful bidders. In the event sun. bidders should fail or refuse to take up and pay for the bonds In accordance with their bids , then said checks shall be cashed and accepted by the City as full and complete liquidated damages. Otherwise, said checks will be applied on the purchase price of ti,e bonds, or returned to the successful bidders upon payment for the bonds, whichever they desire. Checks of unsuccessful bidders will be returned to such bidders after the high bids are determined. jLjged Bonds . . . TFe City will furnish printed bonds on lithographed borders, which will have imprinted thereon, the facsimile nignatures of the Mayor and City Secretary, p_rsuant to Article 7173.1, Vernon's Annotated Texas Civil Statutes. • l • Y r 6 r Legal Opinion . .. The City will furnish to the successful purchaser s complete Transcript of the entire Proceedings had incident to the authorisation and issuance of the bonds, together with the final unqualified approving legal opinion of the Attorney General of the State of Texas and Messrs. McCall, Parkhurst and Horton, Bond Attorneys , Dallas, Texas. The bonds will have printed on the back thereof a copy of the completo final legal opinion of McCall, Parkhurst and Horton, with a certification by the City Secretary to the effect that the legal opinion was dated as of the date of delivery of and payment for the bonds and that the copy is a true and correct copy of the original opinion. No-Litigation Certificate . .. The City will execute, and deliver to the successful purchaser, a certificate to the effect that no litigation of any nature has ueen filed or is then pend- ing to restrain or enjoin the :.asuance or delivery of said bonds or the coupons appertaining thereto, or which would affect the provisions made for their payment or security, or in any manner questioning the validity of said bonds or coupons. Delivery . .. Delivery of the bonds will be made at the expense of the City at any bank in Austin, Texas ; or the successful purchasers may designate another place for delivery, the expense of which would be paid by the purchasers. Arrangements must be made for payment to be made ir. immediately available funds to the City._ it is anticipated that delivery can be made around February 26, 1968; and if for any reason the City is unable to make delivery on or before March 11, 1968, then the -successful Fiddsrs may accept delivery thereafter at their option for an additional 45 days. Additional Copies of Notice of Sale, Statements and Bid Forms . .. Additional copies of the "Official Notice of Sale", "Official Statesents" and "Official Bid Forms" may be obtained at the offices of First Southwest Company, Irr,,ostment Bankers, 927 114ercantiLe Bank Building, Dallas, Texas 75201, Financial Consultants to the City, or at the offices of Brooks Nolt, City Secretary, Denton, Texas. The City reserves the right to reject any and all bids and waive any and all irregularities. 3ROOKS HOLT City Secretary City of Denton, Texas January 10, 1968 • 2 • . s BOND YEARS $1,000,000 ELECTRIC SYSTEM REVENUE. BONDS, SERIES 1968 Accumulated Year Amount Bond Years Year 1969 $50,000 87.5 1969 1970 50,000 225.0 1970 1971 50,000 412.5 1971 1972 50,000 650.0 1972 1973 50,000 937.5 1973 I974 50,000 10275.0 1974 1975 50,000 1,662.5 L975 1976 50,000 20100.0 1976 1977 50,000 2,587.5 1977 1978 50,000 3,125.0 1978 1979 500000 39712.5 1979 1980 500000 4,350.0 1980 1981 50,000 5037.5 1981 1982 50,000 5,775.0 1982 1983 50,000 6,562.5 1983 1984 50,000 7,400.0 1984 1985 501000 8,287.5 1985 1986 500000 9,225.0 1986 1987 50,000 10,212.5 1987 1988 50,000 11,250.0 1988 Average Maturity ------- 11.25 Years $1,000,000 GENERAL OBLIGATION BONDS, SERIES 1968 Accumulated Year Amount Bond Years Year 1969 $25,000 25 1969 1970 50,000 125 1970 1971 50,000 275 1971 1972 50,000 475 1972 1973 50,000 725 1973 1974 50,000 10025 1974 1975 50,000 10375 1975 1976 50,000 1,775 1976 1977 502000 2,225 1977 1978 $0,000 2 ,725 1978 1979 50,000 3,275 1979 1980 50,000 3,815 1980 1981 50,000 46525 1961 1982 SO,000 50225 1982 1983 50,000 5,975 1903 1984 50,000 60775 1984 1903 50,000 70625 1985 1986 50,000 80525 1986 1987 50,000 9,475 1987 1988 75,000 100075 1988 Average Maturity ------ 10.975 Years - 3 - A l HEW ISSUE A R .QWE BOND - OFFICIAL STATEMENT COVERAGE OF AVERAGE REQUIREMENTS BY 9-30-67 NET INCOME - 1.85 TIMES $1,000,000 CITY OF DDTON, TEXAS (Denton County) ELECTRIC SYSTE-*i REVENUE BONDS, SERIES IS68 Dated: February 1, 1968 Denomination: $5,000 Principal and semi-annual interest (May 1 and November 1) payable at First State Bank of Denton, Denton, Texas , or, at the option of the holder, at First National Bank in Dallas, Dallis, Texas. First interest coupon due November 1, 1 , , J. Coupon bearer bonds , not registr-',le. INTEREST EXEMPT FROH ALL PRESENT FEDERAL INCOME These bonds are the first installment of $15,000,000 Bonds authorised at an election held December 9, 1967, and will constitute specirl obligations of the City, payable both as to principal and interest solely from and secured by a first lien on and pledga of the revenues of :he Electric System, after deduction of reasonable expenses of operation and maintenance, as provided by the %neneral Laws of the State of Texas, particularly Articles 1111 et seq„ Revised Civil Statutes of Texas, 1925, as amended. MATURITY SCHEDULE Amount Maturit Rate Yield Amount Maturit Rate Yield $50,000 11-1-69 $50,000 11-1-79* 50,000 11-1-70 50,000 11-1-80* 50,000 11-1-71 50,000 i1-1-81* 50,000 11.1-72 500000 11-1-82* 50,000 11.1-73 50,000 11.1-83* 50,000 11.1- /4 50,000 11-144* 50,000 11-1-75 50,000 11.1-85* 50,000 11-1-7b 50,000 11-1-86* 50,000 11-1-77 50,000 11-1-87* 50,000 11-1-78 50,000 11-1-88* * The City reserves the right to redeem bonds mate ring 11-1-79 through 11- -86, inclusive, in whole or any part thereof, on 11-1.78, or any interest payment date the,..after, at par and accrued interest. Payment Record: The City has never defaulted. Legality: Attorney Ct^.r.!1 of the State of Texas. and Messrs. McCall. Parkhurst and Horton, Attorneys, Dallas. Texas, (Legal Opinion Printed on t BondZi pglivery: bpticipated on or about February 26. 1968• MOODY'$ NArLS gn MOTANDINO BONDS - "A" STANDARD d POOR'S RATING ON OUTSTANDING BONDS 4 - ELECTRIC SYSTEM OPERATING STATEMENT iscal Ycar Ended 9-30-67* 9-30-66 9-30-65 9-30-64 9-30-63 Income $3 ,059,466 $3 ,072 ,862 $2,790,355 $2,625,239 $2,394,746 Expense 1,455,526 1,291,650 1,200,703 960.646 833,345 NET INCOME $1,603,940 $1 ,781,212 $1,589,652 $1,664,593 $1,561,401 Electric Customers 10,621 10,586 9,958 9,894 9,644 * Decline in Net Income during the fiscal year ending 9-30-67 is attributable solely to abnormally low average summer temperatures, and high average winter temperatures; thus sub- atantially reducing energy sales for both air conditioning and heating purposes during the reporting period. Normal increases in energy sales and gross income had increased at an avr-rage rate of 13. 5% annually during the approximate 20 year period immediately pre- ceding the last completed fiscal year. Average Annual Principal and Interest Requirements, 1968-91 --------------------- $ 866,028 Coverage of Average Requirements by 9-30-67 Not Income -------------------------- 1.85 Times Maximus Principal and tuterest Requirements, 1970 ------------------------------- $1,057,900 Coverage of Maximum Requirements by 9-30-67 Net Income -------------------------- 1.52 Time;+ Electric System Revenue Bonds to be Outstanding after Issuance of These $1,000,000 Bonds .....•.......•.........•••.... .•...•....•.. $140040,000 Interest and Sinking Fund, 9-30-67 ---------------------------------------------- $ 717,141 Reserve Fund; 9-30-67 ----------------------------------------------------------- $1,002,000 PRINCIPAL ELECTRIC CUSTOMERS (For Fiscal Year Ended 9-30-67) KWH Gross Customer Billed income North Texar State University 19,4230556 $2350823 Acme Brick Company 7,354,694 98,883 Texas Womanes University 7,214,244 731819 Denton State School 5,603,400 54,652 Moore Business Forms 5,014,265 519050 Victor Equipment 3,356,200 47,588 ilectric Manufacturing Company 2,81120800 419291 ISorrison Hitting 2,3730500 250689 Buddies Supermarket 1,3240140 13,494 Flow Hospital 1,329,100 L5,161 Totals 56,0150899 $649,460 Percent of Total 25.78% 11.23% AUTHORIZED ELECTRIC SYSTEM REVENUii BOND$ Amount Amount Date Amount Heretofore Btia Unissued tgrpose Authorised Authoritgj last 4d Issued Balance Electric 12-S -67 '�5,000,000 3 -0 MOM $14,000,000 - 5 - O M n �Dpp P1 .. O .• .+ M N -+ n m -. on en r� co N S V} N u1P ^ J 00� J+ vNi 1 V. Y1 .+ � N 00 vi i •-+ v � .• ItZ N N th v C C 0 z u y C •• r < to wy us Au w G pmpY F m 9 N .`. m °a k' C sn C G yPy' P' 0 •0 w X 430 d a ~ u •°.i .r L. O tp O L'. ..t F Y a p u y O F u 41 9 +1 V r KPH Y w P. O C Y Ayy yp e .r Y W Y I0 {7 tl P4 +1 A a 47 u � b a W . w w Q O u w C Y u i Y M U .a Y 3, a m < L '-� a c -- = U �O GG Y O CI Y N w ttl -+ .+ V YI 6 Of Y W .� F. F.. 7 u q u u w u u .+ Go y .. ,.t a m O u 6 O +] -+ C O E Y If C Y 1. Y Ck OY C c Y U u Z N W 0. r FA ad �o 00� a I on h • n V len 0 P PI N G O to Lm Pi[1f r 0JN Ov1 N N O V: P p H on PI M N N y N f. U n v88 � min in O v1 Q ^ i 44 UN .p p NOD NnO tr N N y y y O Y /) n to a r n r t V OD d � ppp w w n 0 Y w 9 W it > 0 V 040, u u > Ym m O C > T ai u �4 41 to Y O g u w y Iy+ .yCya 'oO AC rr W m 9 0 m u .4 a 0 Y y Y OC 0. 0 M u w u YAA Ou O < w Yy Y pN 0 7 u u m p > v c w O _+ 4 Y s. + 4 ,4 � y c L u Y al C w q h p OL V Y 14 a6 Y b C m r m Y w O c 4 1 4 a m c "v w w C u U N U up 0 0. u +t Y tlM 4 Vy mu u m m paj p.1 t i OyyC � yY� ~ V a C t5 1 14 BYO c .Yi q �Mi < Q � < .0 u V < u u y < w ~ i•t V ~ w � V V '6 u • ul p OC p O > p ►cu i PYC O V H ►� al H - 6 CITY'S EQUITY IN SYSTEM Fiscal Year Ended 9-30-67 9-30-66 9-30-65 9-30-64 9-30-63 Resources Electric Light Plant (Production and Distri- buti,.)n Facilities, Land and Land Rights) $27,301,448 $21,557,892 $20,040,990 $16,933,973 $16,467 ,687 Less: Accumulated Depreciation 6.286.155 5,647,555 4,886,397 4,209,2;0 3,587,988 $210015,293 $15,9100337 $15, 154,593 $12,724,763 $12,879,699 Other Resources Ccnstn ction in Process $ -0- $ 2,766,511 $ 3,043,858 $ 1,390,487 $ 1,506,013 Miscellaneous Ca,h 327,347 1,2090155 1,958, 159 2,598,927 2,013,994 Other 1,353,846 670,863 729,194 563,599 625,7,13 Total Other Resources $1,681,193 $ 4,646,539 $ 5,741,211 $ 4,553,013 $ 4, 145.720 Electric Plant - Gross $220696,486 $20,536,876 $20,895,804 $17,277,776 $17,025,419 Obligations Revenue Bonds $13,572,000 $14,097,000 $14,599,000 $100810,000 $11,012,000 Accrued Interest 196,025 205.187 213.914 154,633 _ 157,119 $13,768,025 $14,302,187 $14,812,914 $10,964,633 $11,169, 119 Less: Interest and Sinking Fund and Reserve Fund 1,722,689 1. 108,713 1,E?5,489 938,810 879.567 $12,045,336 $120593,474 $13,207,425 $10,0250823 $10,289,552 Other Obligations 537,987 289,947 287,865 121,306 242,527 Total Obligations $12.583,323 $12,883,421 $13.495,290 $10,147, 129 110,532,079 Electric Plant - Net $10,113,163 X7,673,455 $7,400,514 $ 7,130,647 $ 6,493,34? Percentage City's Equity in Plant 44.56% 37.33% 35.42'% 41.27% 38.14% THE ELECTRIC SYSTEM The City of Denton has owned and operated its Electric Powe. System for approximately sixty years without interruption. During this time the System has experienced a steady growth in cus tourers and output, requiring periodic additions to plant and distribution facilities. Present facilities are valued at $27,301,448, less accumulated depreciation of $6,286,155. Present production facilities consist of nine generating units described as follows: rapacity Type No. of Unite XN Diesel 5 8,000 Steam Turbine 4 Unit 1 12,500 Unit 2 12,5$W Unit 3 30,000 Unit 4 6220000 9 125,000 ELECTRIC LOAD GROWTH The historical rate of load growth has been in the range of 13.5 to 14 per cent average in- crease per year. Prospects for future growth appear to be undiminished, considering the im- pending expansion of university facilities, favorable geographic location of the City in the Dallas-Fort Worth metropolitan area and other factors which tend to sustain growth. Peak system power requirements during the ;revious nine fiscal years and estimates of future parer requirements, prepared by Black and Veatch, Consulting Engineers, Kansas City, Missouri, are as follows: Peak Power System Energy Fiscal Year Requirements - KW Requirements - Million KWH 1959 21,600 68.2 1960 25,600 81.3 1961 27,000 89.4 1962 33,400 106.3 1963 38,000 128.4 1964 43,000 142.6 1965 56,800 159.6 1966 57,500 179.5 1967 56,400 217.3 E S T I M A T E D 1968 70,500 215.0 1969 80,500 255.0 1970 91,500 288.0 1971 103,000 325.0 1972 117,000 369.0 1973 133,000 417.0 1974 151,000 472.0 based on increasing electric loads as shown, plus estimated future requirements, Black and Veatch, Consulting Engineers, have recommended the addition of a 60,000 kilowatt steam turbine venerator and major additions to the transmission and distribution system. It is expected an order will be placed for the generating unit in the summer of 1968, that the new unit will be de:tverad to the plant site In late 1970 or early 1971 and will be placed on line for opera- tion no later than early summer 1972. This addition will increase plant capacity to approxi- mately :85,000 kilowatts. The estimated costs of constructing these major additions to the system are as follows: Transmission and distribution expansion. Step 1 - 1s68 $ 1,200,000 Transmission and distribution expansion, Ste? 2 - 1971 and 1972 1,820,000 Load dispatrhing center 350,000 60,000 KW generating unit addition, for operation in 1972 9,000,000 Two 2,750 KW - auxiliary generating units 515,000 improve sewage plant effluent for cooling tower makeup 170,000 Allodance for possible chemical treatment facilities 150,000 Land and land rights - 1,785.000 Total $15,000,000 Funds for construction of the proposed facilities will be , - )vided by the issuance of $15,000,000 Electric Revenue Bonds, ar:thorLced at an election held on December 9, 1967. Bonds will be Issued, as needed, approximately as follows: February 1968 (this issue) $ 10000,000 Februar.r 1969 10000,000 November 1970 60500,000 November 1972 6,500,000 $15,000,000 - a - k a ROUTINE EXTENSIONS AND IMPAOVEMEN'f8 Ordinances authorizing and securing presently outstanding Electric Revenue Bonds, and the Or- dinance to to adopted with respect to the bonds being issued (see Bond Covenants, page 10), provide that, after pskyment of reasonable operation and maintenance expense and the required payments into the Interest and Redemption Fund and the Reserve Fund, a sum of money equal to 12 1/27, of the gross revenues of the System during the preceding month shall be paid into the "Extension and Improvement Fund", to be used only for the purpose of paying the cost of exten- sions, additions, improvements and renewals and replacements to the Electric System, or to retire prior to maturity outstanding Electric Revenue Bonds. Pursuant to this provision, the following payments have been made into this Fund and expended for additions, improvements and extensions to the System: Year Amount Year Amount 1955 610868 1961 T 2211569 1956 119,875 1962 233,029 1957 1420194 1963 298,209 1958 179,832 1964 326,025 1959 176,009 1965 328,530 1960 280,996 1966 357,347 1967 382,968 $3,114,451 EIECTRIC RATES (MONTHLY BILLING) Residential C mmmeretel and Industrial First 50 KITH $O.G540/KWH Lighting as►d Polder Service Next 75 KWH .0324/KWH First 500 MM $0.0373/KifH Next 75 KWH .0216/KWH Next 5D0 KWH .03151KWH Next 3,500 KWH .0171/KWH Next 2,000 KWH .0270/KWH over 3,700 KWH .0153/KWH Next 2,000 KWH .0243 1KWH Minimum Sill $1.00 Next 5,000 KWH .0207/KWH Over 10,000 KWH .0180/KWH Winter Rates (Nov/Apr) - All Electric Homes Minimum Bill -- $100 per X14 All over 700 KWH $0.009/KWH connected load tjedium aid r s Usage Demand Charges Enar Char e: First 20 KW billing demand $35.00 First 1 hours $0.02115/KWH Next 80 KW billing demand 1.35 1KW Next 120 hours .01440/KWH Over 100 KW billing demand 1. 125 1KW Next 180 hours .00990/KWH Next 180 hours .00630/)6iH Over 660 hours .00504/WH - 4 - STATISTICAL DATA Fiscal Year Ended 9-30-67 9.30-66 9-30-65 9-30-64 9-30-63 Sales of KWH: Residential 71,484,718 55,658,187 47,256,981 44,831,446 42,900,932 Commercial and Industrial 101, 163,093 - 91,742`33 80,151,605 _ 79,370. 137 68,253,214 172,647,811 147,400,220 127,408,586 124,?11,583 111,154, 146 Municipal and Street Lighting 8,200,000 7,980,000 7,754,000 7,600,000 7,060,000 Total Billings 180,847,811 155,380,220 135,162,566 131,861,583 118,214,146 Loss and Unaccounted For 36,427 ,689 24, 153,894 24,448,234 _ 10,787,537 10,2;r�493 Total KWH to System 217,275,500 179, 534, 114 159,610,820 142,649, 120 128,448,639 % Loss and Unaccounted for 16.7% 13. 5? .5.37. 7.5% 7. 9% Average Monthly: Residential Customers 9,070 8,804 8,460 8,470 8,434 Commercial and Industrial 1,551 1,486 1,478 1,440 1,384 10,621 10,290 9,958 9,910 9,818 Peak Day Power Requirement - KW 56,400 57,500 560800 43,900 38,000 Present Plant Capacity - KW 125,210 59,210 59,210 59,210 5°,710 Analysis of Electric Billing: All Customers: Average Monthly KWH per Customer 1,419 1,258 1, 131 1,109 11003 Average Monthly Bill per Customer $23.40 $23.86 $21.90 $21.01 419.85 Average Monthly Revenue per KWH $0.0160 $0.0190 $0.0194 $0.0198 $0.0198 Residential Customers: Average Monthly KWH per Customer 656 526 464 441 424 Average Monthly Bill per Customer $11.63 $11.84 $10.92 $10,69 $10.39 Average Monthly Revenue per KWH $0.0172 $0.0225 $0.0235 $0.0242 $0.02445 Commercial and Industrial Customers. Average Monthly KWd per Customer 5,435 5, 144 4,519 5,036 4,535 Average Monthly Bill per Customer $92.22 $95.01 $84.91 $88.65 $77.50 Average Monthly Revenue per W $0.0164 $0.0185 $0.0188 $0.0176 $0.0171 Cross Incomet Residential $1,266,041 $1,251, 103 $10111,410 $1,086,177 $1,051,841 Commercial any! Industrial 1,716,467 1,695,443 1,506, 135 1,532,024 1,287,171 $2,982,508 $2,946,546 $20617,545 $1,618,201 $2,339,012 BOND COVENANTS The Ordinance authorising these $1,000,000 Bonds will be substantially to the same form as the Orainances authorising t?„ outstanding bonds. In this Ordinance, the City Council will cove- nant, +sang other thinis, {iubstsntialiy as follows: Rates .. . The City will charge and collect for services rendered by the System rates sufficient to pay all operating, maintenance, depreciation, replacement and betterment expenses, and other costs deductible in determining Net Revenues, and to pay the interest on and principal of Bonds, and the Reserve FLnad payments, as they become due. Net Revenues mean the gross reve- nues of the System less the expense of operation and maintenance, including All salaries, labor, materials, repairs and extensions necessary to render efficient service, provided, how- ever, that only such repairs and extensions, as in the judgment of the City Council as are �iecessary to keep the System in operation and render adequate service, or such as might be recessary to meet some physical accident, shall be deducted in determining Vet Revenues. No free service shall be allowed. System Fund . . . All revenues received from the operation of the System shall be deposited in this Fund, and shall first be expended to pay all operation and maintenance expenses. • 10 - laterest ind Redemption Fund .. . (1) That, in addition to all other amounts required by the Ordinances, respectively, authorizing the issuance of the Outstanding Bonds, there shall be deposited into the In crest and Redemption Fund, created for the benefit of said Outstanding Bonds and all Additional Bonds , the following: (a) such amounts, in equal monthly install- ments, made on or before the 10th day of each month hereafter, as will be sufficient to pay the interest scheduled to come due on s21d Series 1968 Bonds on the next interest payment date; and (b) such amounts, in equal monthly installments, made on or before the 10th day of each month hereafter, commencing March 10, 1968, as will be sufficient to pay the next maturing principal of sato Series 1968 Bonds. (2) That, in addition to all other amounts required by the Ordinances, respectively, authorizing the issuance of the Outatan_•'ing Bonds, there shall be deposited into the Reserve Account in the Interest and Redemption Fund, created for the benefit of said Outstanding Bonds and all Additional Bonds, the arrcunt o: $1,000 monthly, to be deposited into the Reserve Account on or before the 10th day of each month hereafter; pro- vided that such deposits may be discontinued when, and so long as, the aggregate amount of $1,0620000 shall be accumulated and on hand in said Reserve Account. Said aggregate amount shall be maintaired in said Reserve Account for the benefit of the Outstanding Bonds, the Series 1968 Bonds, and all Additional Bonds, in accordance with the procedures, as herein modified and supplemented, set forth in the Ordinances authorizing the issuance of the Out- standtng Bonds. Extension and Improvement Fund . . . Under existing Bond Ordinances, the City is required, after the above requirements hale been met, to deposit in this Fund on or before the 10th day of each month, a sum equal to not less than 12 1/2x of the gross revenues of the System during the preceding month. Monies in said Fund can be used only for the purpose of paying the cost of extensions and improvements to the System, or to retire prior to maturity Revenue Bonds outstanding against the System except that to the extent that monies in the Interest and Re- demption Fund and Reserve Account are insufficient therefor, said monies must be used for the payment of maturing principal and interest on Bonds. Excess Revenues . .. Any revenues in excess of those required to maintain the Funds as above required may be used for the redemption of Bonds then eligible for prior redemption, or for the payment of any lawfully issued subordinate lien bonds, or for extensions of the Systars to the extent now or hereafter permitted by law, and 1f, in the opinion of a competent and gener- ally recognized engineer, such extensions will proc:uce anfficient revenues to pay for their maintenance and operation and will impose no additional expense on the then existing system, or for any other lawful purpose. Additional Bonds . The City reserves the right to issue Additional Bonds of equal dignity with the outstanding Bonds and these $1,000,000 Bonds, wader the following conditions: (l) Each of the Funds contains the amount of coney then required to be on deposit therein; (2) The Net Earnings of the System for any consecutive twelve months out of the fifteen months next preceding the date of the bonds then to be issued, or for the fiscal year next preceding the date of the bonds then to be issued, are equal to at least 1.50 times the combined prin- cipal and interest requirements of all bonds to be outstanding after the issuance of the Additional Bonds when such requirements are the greatest, as such Net Earnings are shown by a report of a Certified public Accountant; (3) A ctrtificate by an independent engineer or engineering firm of national reputation shoes that the annual Net Earnings of the System for each of the years from the date of such certificate until the final nictarity date of tt.n last maturing bond will be equal to at least 1.50 times the maximum amount required in any year to pay principal of and interest on all bonds to be outstanding after tM issuance of the Additional Bonds; (4) That the proceeds of such bonds shall be used w tely for the making of improvements and extensions of the electric light systezi which may be determined by the City Council to be necessary and economically feasible; (5) The Additional Bonds are male to mature on November 1; (6) The Additional Bonds previously shall lave been voted ki the qualified pro- perty taxpaying voters tf the City. Accounts and Accountaas Reports . ,. The City shall keep proper books of records and accounts (separate r.ad apart [rpm all other records and accounts of the City) in which complete and correct entries shall be made of all transactions relating to the System, and shall have said books audited once each fiscal year by an independent certified public accountant. Insurance . .. The City will maintain for the benefit of the holders of the bonds insurance in the amounts and of the kinds which are usually carried by private companies operating similar properties. - L1 - - % . ..,cb�f 'd a ',: } L '. � e,r r • _`J, .4 . 3 ?�,C '�. .� n :r i I. e~100 0 0000000 05 0 0 050 0 O . G FO• � u r Y wO n } P uD 00012JM .r pp O 40 T N .? NGo 0, 4" (4 O N wt 0 m NNdNh mm O SNa. . �o P4 04 N n .O wrN M M ■ • • • w • • • • w w V Y Y P N P h 0 m h M1 �0 1p0 pM �t pnp 00 0 +° o v a g000aaaNPO Q AQID, CDOn00�0 ,CO00KObb0%0 aao sw O N K w .••� .O .O �O .O N n yF Or+ •a .d .• M a Y 'tl Ea ,nNNNh AAAAra-% pY0 yOC � � � •�iN yY. K M u ■ {i rd u r u q r+ • u • H r4 C,4 V m 00 %0 �DN n N SOD Spp N W O O M y moo 47% ? M C-4 %D N 6m . ON aD 00 D !� CO O r. /•YOPMN O� OO �O r-� N 0% %D %D .rN N n nom? M .+ N .r �"� +� Y w • • • • w • w w w • • • • w w • w V u i.iNh NM1 KnM %O mM1 /. mO w+ ONN wt O .� N e C t M �+1 N pp3 MNN .+ 00O. OOhh b .Dh nhn �y �y O O � OQ� PP P P P P m m m m 0000 �a Xo %D %D V A. M a< H K ■ O N N N N N N v1 N M1 V1 N N N 0 N N N 0 y h NhNn2hN nNnNNhN [� nNh VY P. 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MMe�1MMN NNN .-� � ►r H K K O M 00 000o•0 . . . . . . . . .000 8w t/l V1 W N V1 V1 NYh N99R NSA OAN Y1 N N 1-1 N O C7 HN�1Y1 .4r e�1W S1� h10O. 10+01 NY 0 pp 4 Nn NONMM NAN0 N pp00 p1 Y P A h P %0 Q • 8800 P� .QNNNNP �OP w+ N M M pp.�• 3p• w • • • • • • 6A � Nc V. 0% P O000 ;91'j 220y 0 w 0•~•p•h•8•Gw O•2 y V•2•�y ♦ p b N P K Vy ���yyN(N� .DT Y1 .O�ppp in .ley apC�pp NNNhpNN� O in in 88 M • PI 2 Onhh000DMO d N VM1 N „ M � *1OOr+ N M Y w • • � ppfyy • • • ...��w 1�fw tV • w rp 'D 0 00� d .TdMneN'1M e1 SRN NN N N oPi wni14 .-1 rd .0i OON M •+ ^ I � • M {] r p OO�Opp ff.. qo a .+ yM O� � TaAAATO^iAaONi FPgP A � .+ M 'iN N /K rI M .-IH N ►sN Nn1HHNN HM 'r OO.{�1M Ll ■ O Iv X 19 OFFICIAL STATEMENT NEW ISSUE $1,000,000 CITY OF DLNTON, TEXAS (Denton County) GESERAL OBLIGATION BONDS, SERIES 1964 Dated: February 1, 1968 Denomination: $5,000 Principal and semi-annual interest (February 1 and August 1) payable at First National City Bank of New York, New York, New York, or, at the option of the holder, at Firm National Bank in Dallas, Dallas, Teyss . First interest coupon due February 1, 1969. Coupon bearer bonds, not registrable. INTERESI EXEMPT FROM ALL PRESENT FEDERAL INCOME TAXES These bonds, authorised at elections held on various dates, as shown on page 16 hereof will constitute direct and general obligations of the City, payable from ad valorem taxes levied against all to-able property located therein, within the limits prescribed by law. MATURITY SCHEDULE Amount Maturity Rate Yield Amount Maturity Rate Yield $25,000 2-1-69 $50,000 2-1-79 50,000 2.1-70 50,000 1-1-80 50,000 2-1-71 50,000 2-I-81 50,000 2-1-72 50,000 Z-1-82 50,000 2-1-73 50,000 2.1-83 50,000 2-1-74 50,000 2-1-84 50,000 2-1-75 50,000 2-1-85 50,000 2-1-76 50,000 2-1-86 50,000 2-1-77 50,000 2-1-87 50,000 2-1-7P 75,000 2-1-88 (NON OPTIONAL) Payment Record: The City has never defaulted. LePalltr; Attorney Cenerel of the Stato of Texas, and Messrs. McCall, Parkhurst and Horton, Attort.ys, Dallas, Texas, (Legal Opinion Printed on the Boi:hs. ) Delivery: Anticipated on or about February 26, 1968. MOODY'S RATING ON CNITSTANDING BONDS - "A" STANDARD b POOV S RATING -,q OUTSTANDING BONDS -- "AA'f - 11 FINANCIAL STATEMENT (As of 9-30-67) , 1967 Actual Valuation, Estimate} $175,798,937 1967 Assessed Valuation (35% of Actual $61 , 529,628 Total General Obligation Debt (Including these bonds) $5,407,500 Less: Self-supporting Airport Warrants $113,500 Interest and Sinking Fund 3, 558 117,058 NET DEBT $5,290,442 Ratio Net Debt to Assessed Valuation ------------------------------------------------- 3.60% 1967 Estimated Population - 39,864 Per Capita Assessed Valuation -- $1,543.48 Per Capita Total Debt - $132.80 Per Capita Net Debt - $132.71 'rAX RATE LIMITATICW Imposed by Texas Constitution: $2.50 per $100 Assessed Valuation; by }force Rule Charter: $2. 50 ?er $100 Assessed Valuation . . . for all city purposes. There is no limitation xtth- in thin $2.50 for debt service. TAX RATE DISTRIBUTION Tax Year 1167 1966 1965 1964 1963 1962 General and $0.9525 $0.9575 $1. 055 $1.03 $1. 178 31.075 Interest and Sinking Fund .5475 .5325 .445 .47 .322 .425 Total Tax Pate $1.5000 $1. 5000 $1.500 $1. 50 $1.500 $1.500 ESTIMATED OVERLAPPING DEBT STATEMENT Net Debt % Overlapping Subdivision Amount As of Applicable Net Debt City of Denton $5,290,442 9-30-67 100.00% $5.290,442 Denton Independent School District 6,505,729 9-01-67 83.00% 5.399,755 Denton County 1,403,447 9-01-67 42.00% 389,447 TOTAL OVERLAPPING NET DEBT $11,279,644 Ratio Overlapping Net Debt to Assessed Valuation ----------------------------------- 18.33% Per Capita Overlapping Net Debt -- $282.95 INTEREST AND SINKING FUND IIANAGEMENT INCEX General Obligation Debt Service Requirements for Tax Year Ending 9-30-68 ----------- $321,941 Interest and Sinking Fund, All General Obligation Issues, 9-30-67 --- $ 3,558 1967 Interest and Sinking Fund Tax Levy @ 95% Collection ------------ 320,031 323,589 Estimated Surplus ------------------------------------------------------------------- $1 ,646 14 - TAX DATA (Year Ending 9-30) Tax Assessed Tax X Current % Total Year Valuations Rate Tax Lev Collections Collections 5^ 1961-62 37, 101,039 17 556, 515 92.077. 1962-63 39,946,8'70 I. Su 599,202 92 .657. 95.22% 1963-64 43,336,240 1.50 650,044 93. 34X 98.20% 1964-65 48,549,600 1. 50 728,244 93.79% 99.61% 1965-66 52,472,105 1.5u 787,082 94.04% 96. 19% 1966-67 58,658,875 1.5u 879,882 91.81% 96. 10% OVERLAPPING TAX RATES Taxing Subdivision 1966 1965 1964 1963 1962 1961 City of Denton $1.50 $1.50 $1.50 $1.50 750 $1 . 50 Denton Independent School District 1.75 1.75 1.75 1.75 1.75 1. 75 Lenton County .95 1.00 1.04 1.04 1.04 1.14 State of Texas .47 .42 .1,2 .42 .42 .42 $4.67 $4. 67 $4.71 $4.71 $4.71 $4. 71 PRINCIPAL TAXPAYERS 1467 Assessed Name of Tax a I Nature of Property Valuation General Telephone Company of the Southwest Telephone Utility $1,150,460 Moore Business Forma, Inc. Business Forms Manufacturing Plant 932,820 Denton County National Bank Bank 712,460 Cr&wford Building Corporation Shopping Center 685,990 J. Vewtor. P.ayzor Commercial Property 6 Office Bldg. 644,070 Acme Brick Company Brick Manufacturer 628,370 First State Bank Bank 561,940 Lone Star Gas Company Gas Utility 482,650 Denton Lssociates Apartments 465,810 University House Apartments Apartments _ 388,820 Total. Assessed Valuation of Top 10 Taxpayers, which is 10.81% of Total Assessed Valuation ------------------ ------------------ $6,653,390 AUTHORIZED GENERAL OBLIGATION BONDS Amount Amount Date Amount 3eretofore Being Unissued Purpose Authorised Authorised Issued Issued Balance Street Improvement 33-17- 4 $1,450,000 $665,000 785, $ -0- Street Improvenent 12-09-67 21500.000 _ -0- _ 215,000 2,285,000 $30950,000 $655,000 $1,0000000 $2,285,000 15 - DEBT SERVICE REQUIREMENTS Tax Year Grand Ending Outstanding Bonds This $1,000,000 Issue Total 9-70 Priuci al Interest Total Princi,-l_ Interest Total Requirements 1968 189,000 $ 132,941 $ 321,941 $ 321,941 1969 195,000 138,883 333,883 $ 25,000 $ 66,937 S 91,937 425,820 1970 230,000 131, 517 361,517 50,000 42 ,750 92,750 454,267 1971 235,000 123,692 358,692 50,000 40, 500 90,500 449,192 1972 160,000 115,877 375,877 50,000 38,250 88,250 464,127 1973 265,000 1070259 372,2:^ 50,000 36,000 86,000 458,259 1974 270,000 98,668 368,6Gd 50,000 33,750 83,750 452,418 1975 270,000 89,911 359,911 50,000 31, 500 81,500 441,411 1976 270,000 61,128 351, 128 50,000 29,250 79,250 430,378 1977 2300000 72,249 302,249 50,000 27,000 77,000 379,249 1978 230,000 64,486 2940486 50,000 24, 750 74,750 369,236 1979 230,000 56,712 286,712 50,000 22,500 72,500 3590212 1980 225,000 48,861 273,861 50,000 20,250 70,250 344,111 1981 225,000 41, 149 266, 149 50,000 18,000 68,000 334,149 1982 225,000 33,381 258,381 50,000 15,750 65,750 324,131 1983 155,000 25,576 180,576 50,000 13, 500 63,500 244,076 1984 155,000 19,965 174,965 500000 11,250 61,250 236,215 1985 155,000 14,348 169,348 50,000 9,000 59,000 228,348 1986 130,000 8,730 138,730 50,000 6,750 56,750 195,480 1987 70,000 5, 120 75, 120 50,000 4,500 54,500 129,620 1988 50,000 2,875 52,875 75,000 1,688 76,688 129,563 1989 30,000 1,275 M 31,275 _ 31,275 $4,294,000 $1,414,603 $5,708,603 $1,000,000 $493,875 $1,493,875 $7,202,478 Note: Interest on these $1,000,000 Bonds has been calculated at the rate of 4 112% for purposes of illustration. t6 - WATER SYSTEM I The following information is submitted as a matter of general interest: Water Supply . Present municipal supply is obtained from both surface and underground sources. The City has previously acquired conservation storage rights in nearby Garza-Little Elm Reservoir which was constructed by the U. S. Corps of Engineers. This reservoir contains a total of 436,000 acre feet of conservation storage. The City of Denton holds rights to 21,000 acre feet of the storage, with the balance being held by the City of Dallas. The Texas Water Commission of the State of Texas has issued a permit to the City of Denton allowing an average daily withdrawal of approximately 10 million gallons. Recent studies of the reser- voir indicate that even during a critical drought period the City of Denton's portion of the total storage will produce approximately 5 million gallons per day, which is substantially in P—se of present average daily consumption. Although surface water provides the major part of total requirements, the City is fortunate in having an alternate and additional under- ground source consisting of It deep wells drilled into the Trinity Sand Group, comprising the Paluxy and Travis Peak sands. The maximum estimated production which can be obtained from these wells is 5 million gallons per day, and the average daily production is estimated to be 2.5 million gallons per day. Long range plans of the City of Dallas to provide an adequate supply of water in the °tcture provides for the construction and development of the Aubrey Reservoir in De•.ton Coui lo- cated immediately abcve the present Garza-Little Elm Reservoir on the Elm 'cork of the .'rinity River. The proposed site of the Aubrey Reservoir is located in Denton County, adjacent to the City of Denton, and it has been determined that the most economical solution to the water supply needs of both cities in this particular area requires the maximum utilization of the exi ting supply in Garza-Little Elm Reservoir, to be followed by coordinated development of the Aubrey Reservoir, including an exchange of storage between the two cities. Accordingly, by contract dated November 19, 1^62, the City of Denton has entered into an agreement with the City of Dallas which provides, in part: 1. That at such time as Denton's average annual withdrawal from Garza-Little Elm Reservoir exceeds the safe yield provided by its present storage right (see first paragraph in section) it will pay Dallas at the rate of 2 1/2c per 1,000 gallons fot any such excess water so with- drawn. 2. That Dallas shall be obligated to sell the City of Denton not to exceed an annual amount equal to an average annual rate of 13,000,000 gallons per day at the established price of 2 1/2c per 1,000 gallons through the year 1980; subject to an extension of time mutually agreeable to the governing bodies of both cities. 3. That the two cities will cooperate in financing and construction of the proposed Aubrey Reservoir when required; the City of Denton to pay not in excess of 26% of the construction cost and the City of Dallas not less than 74%. Water to be stored in the reservoir shall be pro-rated on the basis of each city's assumed portion of total construction costs when the reservoir is constructed. Development of the Aubrey Reservoir is included in the City of Dallas Long Range Slater Study, adopted in 1956, and it is anticipated that construction of this facility will be required in 1975. Estimated safe yield of the reservoir has been calculated at 100,000,000 gallons per day, of which amount Denton would be entitled to receive up to 26,000,000 gallons per day. This amount, plus a safe yield of 5,000,000 gallons per day to be obtained from the present storage rights in Garza-Little Elm Reservoir, will be sufficient to meet the City's estimated needs through the year 2010, based on an estimated population of 157,100. Storage Facilities . . . The City has numerous storage reservoirs in existence throughout its water distribution system. There is a total capacity of 6,278,000 gall ms, consisting of 4,668,000 gallons of ground storage and 1,610,000 gallons of elevated storage. • 17 - SEWER SYSTEM The City's Sewer System consists of a complete network of collection lines of varying sizes and two complete sewage treatment plants, both located on Peoan Creek east of the City. The treatment plants include a hand clean bar screen, Parshall flume, grit removal channel, Im- hoff t's-%, '+o standard rate trickling filters, final clarifier, sludge drying beds and a 2 million gallons per day activated sludge plant. WATER AND SEWER REVENUE BONDS AUTHORIZED BUT VNISSLED Date Amount Issued Unissued Authorized Purpose Authorized to Date Balance 1-30-60 Sewer $2,600,000 $2, 145,000 $ 455,000 1-30-60 Water 1,600.000 995,000 6051000 Totals $4 ,200,000 $3, 140,000 $1,060,000 WATER .%ND SEWER SYSTEM OPERATING STATEMENT Year Ended 9-30-67 9-30-66 9-30-65 9-30-64 9-30-63 Income $1,055,680 $993,060 ;?22, 139 $502, 189 $8450356 Expense _ 516,280 503,743 408,969 417.031 374,728 Net Income $ 529,400 $489,317 $513,170 $485,158 $470,628 Water Connections 9,750 9,602 9,317 9,209 8,995 Sewer Connections 9,206 9,023 8,620 8,402 8,048 Maximum Principal, Interest and Reserve Requirements, Fiscal Year Ending 9-30-68 -- $2640313 Coverage Based on Net Income, Fiscal Year Ended 9-30-67 --------------------------2,00 Times Average Annual Principal, Interest And Reserve Requirements ...................... $230,263 Coverage Based on Net Income, Fiscal Year Ended 9-30-67 ------------------------- 2, 30 Times Water and Sewer System Revenue Bonds Outstanding -------------------------------- $3,630,000 Interest and Sinking Fund, 9-30-67 ------------------------------------------------- $72,891 ReserveFund, 9-30-67 ------------------------------------------------------------- $237,509 - 18 CITY OF DENTON, TEXAS v L TION Y - 1 Denton is the County Seat of Denton County, located at the apex of the Dallas-Fort Worth- benton industrial triangle. 1 Frum the City Limits of Denton to the Dallas City Limits it is 24 miles and to the Fort Worth City Limits it is 28 miles. 1 The lani within this three-city triangle has been labeled by planners, economists and in- dustriai!sts as one of the Nation's brightest spots for future industrial development. ECONOMY 1 Denton is . .. 1 In the midst of a rich agricultural and livestock area. 1 be hub city of Texas' new "Land of Lakes' region, which provides Denton and neighboring cltle.y with abundant water for municipal, industrial and recreational purposes. 1 One of the three major university centers in Texas. 1 The home of diversified industrial interests. 1 The site of the Nation's first underground Control Center of the Office of Emergency Planning and Office of Civil and Defense Mobilisation. 1 One of the key cities in the economically significant Dallas Standard Metrnr31itan Area. ECONOMIC RANKING 1 Denton's sound diversified economy is reflected in the spendable income per household, which is $7, 168 . . . as compared with the State average of $6,138. 1 Denton's retail sales for 1966 totaled $52,311,000. 1 These figures were taken from the June 10, 1967, Sales Management Survey of Buying ?over. DALLAS STANDARD METROPOLITAN AREA 1 As one of the nine principal cities in the Dallas Standard Metropolitan Area, Denton's ` economy is a contributing factor toward the Area's high rank among the Nation's 300 Standard Metropolitan Areas. The Dallas Standard Metropolitan Area, composed of Dallas, Denton, Collin and Ellis Counties, ranks as follows among the Nations 300 SMA areas. 9th in number of companies with over $1,000,000 in net worth. f Largest wholesale area exat of tos Angeles and south of St. Louis. f1 16th in receipts from service tra.;e. 0 17th in retail sales per household. 0 12th in wholesale sales. 1 16th in population. J '� I Total civilian labor force is in excess of 500,000. ECONOMIC AND POPULATION GAINS 0 Denton has noted a consistent population increase and a steady economic growth in the last two decades. 0 Population at the 1940 Census was 11,192 . at the 1950 Census it was 21,372 . . . at the 1960 Census it was 26,844 . . . and is estimated at 39,864 at this time. 1 The City's gradual ascension toward a top rung on Texas' economic ladder is attributed partly to the steady influences of governmental activity which includes the year-by-year ex- pansion of the two State-supported colleges, and partly because of such environmental factors as its location in a rich agricultural region, some oil and gas production in the northwest section of Denton County, its proximity to two great Metropolitan areas, its proximity to three of Texas' largest reservoirs (Lake Texoma being only 40 miles from Denton), its excellen highway and transportation facilities, its mild climate, and th9 less tangible but influential aspects of social, cultural and educational advantages that have prompted professional or "white collar" workers to choose Denton as a place of residence. INDUSTRY AND BUSINESS *wa- 0 A total of fifty-three diversified manufacturing plants are located in the City. The largest of these are as follows: Number of Company Product Employees ewes_ Moore Business Forms Business forms, sales books, etc. _9W (0 go Victor Equipment Company Welding, cutting equipment, pressure valves 375 Russell-Newman Manufacturing Company Women@ and girls lingerie 245 Acme Brick Company Brick and tile ;W to E. M. C. Plasti%Pw Company } Multi-color plastic molded parts 110 04 Better Tools, Inc. Tools 102 Trinity Industries, Inc. Butanc and propane fuel tanks 101 Public Construction Company Asphaltic concrete 100 M 6 B Manufacturing Company Ladles ready-to-wear 97 Morrison Milling Company Flour, meal and stock feed 90 Denton Publishing Company Daily newspaper 73 Whitson's Food Products Canned foods 64 Turbo Refrigerating Company Ice-making machines 52 Foremost Mobile Homes Corporation Mobile homes, cabinets 50 Denton Concrete Company Ready-mix concrete 44 Kimbell Diamond Milling Company Flour and cornmeal 32 Mission Beverage Company Canned soft drinkw 30 Rapco Plastic Extruders Plastic Film 25 Brooks Dairy Company Dairy products 24 Coca-Cola Bottling Company Bottled soft drinks 23 1 During 1966 industrial payrolls incretsed �f.7% to a total in excess of $13,500,000. (In addition, payrolls of North Texas State University, Texas Woman's University and Denton State School exceed $11,000,000 annually. 1 Moore Business Forma, an int@rnatio I company, neadquarters their Southern Division out of Denton. The Southern Division co Isis of 16 states from Texas to the Eastern Seaboard. Moore Business Forma is recognised a leader in its field, and is the oldest and largest company of this kind in the world. Annual payroll in Denton is in excess of $2,700,000. A 30,000 square-foot expansion has �een completed--making a total of 143,000 square feet under roof at this time. r 1 Victor Equipment Company completed a 95,000 square-foot building during 1966 to relocate in Denton from San Francisco. - 20 - I Acme Brick Company doubled its production capacity in late 1965 and is now the most modern, automated brick-making operation in the bouthwest. 1 Morrison Milling Company prodtces Peacemaker Flour and Cornmeal primarily, which is distri- buted world-wide. Most of the grain used is grown in Denton County. 1 Russell-Newman Manufacturing Company is rated as one of the top 20 lingerie manufacturers In the USA, 1 Dun and Bradstreet rat I to more than 600 business establishments in the City. / There are 47 wholesale establishments in Denton County alone, with annual sales of $19,500,000 which is an increase of 76% in five years. 1:N'DUSTRI .V. FUTURE_ 1 Denton's growt,i economically and numericall,, has not been based on defense plant activity nor on sudden industrial expansion. 1 However, the future looms unusually bright industrywise, for according to the Bureau of Business Research of thi University of Texas, Denton is "favorably situated to become an integral part of the Dallas-Fort Worth industrial complex." 1 Economists, as we 1 as historians, attribute much of Denton's progress to a spirit of co- operation aid unanimity among its citizens, 92% of whom are native born. Many Dentonites are employed in Dallas or Fort Worth and commute to their place of business. AGRICULTURE 0 Denton County is one of the more diversified agriculture counties in Texas, With soil types ranging from rich black to deep sandy loam, and good soft, artesian water, it is an ideal center for diversified farming and livestock raising. 1 Principal crops are cotton, corn, wheat, oats, hay, grain sorghums and peanuts. Dairy cattle, beef cattle, sheep, hogs, chickens and turkeys contribute a substantial and steady into-,e every year to the farmer and livestock men of the county. 1 Income fr�K all agriculture and livestock products averages in excess of $18,000,000 annually. 1 The Te 4s Agricultural Experiment Station, Sub Station No. 6, located about five miles northwestr/of Denton, is contributing to the prosperity of not only the farmers in Denton County, but to farmers all over Texas, through experiments in small grain research work, crop rotation, pastures, soil building, contouring and plant disease. $2,400,000 UNDERGROUND CONTROL CENTER 1 .Denton is the site of the first Underground Control Center to be built by the Federal Government in the United States, This center was completed at a cost of $2,4000000. 1 It consists of an above-ground "frangible" building, for entrance and exit during normal operations, and a tyd story underground fortress, 142 feet wide and 172 feet long. The structure has its water well, an infirmary, first aid station, and communications head- quarters. Site/ or the structure is about three miles east of Denton, off Stare Highway Loop 288. / a the hu underground center serves Region 5 Headquarters for the Office of Civil and De- fense :io 1,totion and is designed to resist nuclear blast and radiation. Region 5 consists of Tex , Oklahoma, Arkansas, Louisiana and New Mexico. 1 I time of emergency the new center will house the administrative personnel of 16,000 federal employees in Dallas and Fort 14arth. In the event of a national emergency the center Y a M f would serve as the coordinating and directing point for the activities of some 235,000 civilian employees of the federal government. It will house 200 persons on a day-to-day basis, or 500 on a 30-day, emergency, "buttoned-up" basis. 1 The control center employs 100 full-time people with an annual payroll in excess of $750,000. 1 PA:5PORTATION 1 Denton la the focal point in the new Interstate Highway System (U, S. 35-E and U. S. 35-W). An 8-lane expressway (U. S. 35-E) connects Denton with Dallas. 4 u. S. 35-West, when completed, will tie to Fort Worth, 1 The cast and west sections of the U. S. Interstate 35 form part of a vast network that begins at the Canadian border on the north and traverses the entire United States, to end at the ?`exican border on the south. North from Denton the highway, now under cunstruction, �.— connects with Oklahoma City and thence through the Midwest. 1 0 Pail transportation is furnished by three railroads --- Santa Fe, Texas and Pacific, and Xis sour I-Kansas-Texas ., . bus transportation by Continental Trailways . . . motor freight by f ive truck lines. Ef/DUCATION 1 Denton is the home of North Texas State University, founded in 1890, and Texas Woman's fntver►ity, founded in 1901, 0 The two colleges have a combined enrollment in excess of .4,000 students, and more than 850 faculty members. 0 store th4� 14,' 0 students were enrolled in co-educational North Texas State University during tho 1967 tall semester. This college has a larger enrollment than Southern Methodist Uni ersity at Dallas, Texas Christian University in Fort Worth, or Rice Institute at Houston. Texas Woman's University has a 1967 enrollment in excess of 4_,000. J, • 1 Including a $14,000,000 expansion program completed during 1964, the physical plant of North Texas State University is valued at $32,500,000. A master plan his been developed for a cimpus to accommodate a doubling of enrollment and plant valuation within the next 10 years. the University offers bachelor's degrees in 38 fields, mrster's degrees in 19 areas. Doctoral programs have recently b-en increased to six (Education, music, Biology, Chemistry, Physics and Business Administration). 1 Texas Woman's University, a St.ce-supported institution of hlguo. learning exclusively for women students, has announced a multi-million dollar residence and Lnstructional building project for the education of nurses in nearby Dallas, A $1,300,000 dormitory, housing 300 students, was opened sins 'IQj fjby ��5 ? ultra-modern twenty-vne story tower dormitory for 640 students '-A %- -s oly..wa n. Academic components are embodied in eight schools. Science research programs are conducted in chemistry, biology, physics, nutrition, textiles, bone microradiology an4 other fields. 1 Over 400 Denton citizens hold earned Dcctoral degrees. 1 Degton has an outstanding Public School System, accredited by the Southern Association of Colleges and�Secondsry Schools and Acereditscion Division of the Texas Education Agency, Approximatbly 69% of the graduates of Denton High School go on to college, The Denton school system offers accelerated programs in such courses as S.M.S.C. Math and P,S,S.C. Physics. A few of the vocational training courses available in public schools are agriculture, homemaking, distrttutive education, industrial education, mechanical drawing, woodwork, etc. 63% of the faculty hold Master's degrees. - 22 - . � • is ^. A;,r � , Number of elementary schools 9 Number of junior high schools 3 Number of senior high schools 2 Average students per classroom 26 Average number of high school graduates 225 Enrollmnt in school for exceptional children 29 Pupil to teacher ratio: Elementary 28:1 High Fchool 20:1 $9,000,000 DENTON STATE SCHOOL 0 Construction began in 1958 on the $9,000,000 Denton State School, with the first phase of the construction being completed in July, 1960, at which time the first group of students was admitted. The second phase wes completed in 1963. Thin State-supported educational institution for mentally retarded Texas residents is located on a 200-acre site paid for by Denton citizens, who contributed $100,000 to buy the land as an outright gift to the State. Present facilities include dormitories that accommodate 1,200 students, 5 buildings for physically handicapped children with a capacity of 600, and a 52-bed ac+its hospital with supporting facilities such as X-ray, laboratory, dental, and pharmaceutical. In addition to these buildings, there is a modern administration building, an academic building, a large Laundry, a maintenance shop, and a warehouse. 0 The present total enrollment is in excess of 1,710. The School has a personnel staff of 600, with an annual payroll in excess of $2,500,000. • The projected master plan for the school anticipates a maximum capacity of 30000, with a staff of 800, BANKING There are 4 banks in the City . . . Denton County National Bank, established 1892 . First State Bank, established 1912 . . . University State Bank, established 1963 . . . First National Bank, established 1963. 4 Combined bank deposits . . . 11954 $18,705,646 1955 20,763,263 1956 19,514,508 1957 19, 170,254 158 26,716,441 1959 24,381,494 1960 240072,259 1961 28,383,428 1962 35,421,810 1963 40,336,827 1964 45,064,019 1965 53,571,131 1966 53,344,267 1967 58,3210018 - 9 Lim ate Bank moved into its new $750,000 facilities in 1962. Besides the main `banking windows, there are two floors of modern offices. tional Bank opened its new $1,000,000 banking facilities in 1962. savings and loan associations . .. Denton Federal Savings and Lcan and North Loan. - 23 - i • Combined savings and loan deposits . • 1959 $ 7, 525,178 1960 9,637,718 1961 12, 165,615 1962 13,475,263 1963 21,560,031 1964 21,205,466 1965 24,386,053 1965 25,337,991 1967 26,654,055 RECREATION Nearby Garza-Little Elm Reservoir, one of North Texas' largest lakes, is one of Texas' most popular recreation areas. The Garza Reservoir has a shore line of 183 miles located entirely in Denton County, 0 In 1963, Garza Reservoir attracted 3,000,000 visitors to its shores. The upper reaches of Garza-Little Elm are only about 3 miles east of the Denton City Limits, while the dam is 15 miles from downtown Denton. 8 G.-apevine Reservoir, another large body of water created by the U. S. Artij Corps of Engineers, is located in Denton and Tarrant Counties. The dam is 23 miles from Denton. 0 Parks and recreatimup: areas abound on the shores of both Garza and Grapevine reservoirs. The City of Denton has a 422-acre parksite on the Garza Reservoir, and this area is being fully developed at the present time. • Boating, fishing, hunting, swimming and all water sports are the favorite recreational pastimes at both reservoirs, which, because of this area's favorable climate, are in use the year round. GRCVTN INDICES Building Gas Slater Light Postal Year Permits Meters t�ors b!tets a eyhone e 'e t 1954 1,985,200 6,509 6,�7 7 j! , 8 1955 40021,886 6,873 6,781 7,491 7,722 272,932 1956 40217,709 7, 160 7, 164 7,807 8,262 273,944 1957 3,024,90--, ?,600 7,467 8,253 A,940 2890450 1958 6,177, 150 7,802 7,768 8,474 9,449 320,311 1959 7,433,216 80108 8,026 8,727 10,075 370,460 1960 7,241,180 8,365 8,228 8,980 10,594 404,781 1961 8,335,000 8,900 8,416 91035 11,394 4110118 1962 8,426,072 91100 8,85: 9,500 12,580 450,427 1963 11,054,869 9,466 91106 9,954 13,659 543,088 1964 9,533,287 9,630 9,24', 10,047 14,589 M. 691 1965 149340,069 9,980 9,495 10,073 150600 62.1,357 1966 13,108,207 10, 193 9,541 1C,576 179100 681,618 24 -