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i 1 MUTUAL RELEASE KNOW ALL MEN BY THESE PRESENTS: THAT THIS AGREEMENT OF RELEASE, by and between the City of Denton, Texas ("Denton") and Maxicare North Texas, Inc. ("Maxicare"), collectively the "Parties", is to witness the following: WHEREAS, the Parties entered into a General Service Agreement ("Agreement") which remained in effect during the period of November 1, 1988 through April 30, 1989; and WHEREAS, Maxicare claimed that a final payment of $150264.55 was due and owing for the final month of service provided to Denton; and i WHEREAS, Denton claimed that certain owed services were not provided, and that even if they were, the maximum amount owed would total $10,725.30; and h i WHEREAS, the Parties understand and agree that the claims asserted between them are doubtful and in d+spute and have settled such disputes by compromise to avoid litigation and buy peace. NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants herein contained, and in consideration of the payment to Maxicare the sun of Ten Thousand seven hundred and twenty-five Dollars and thirty cents ($10,725.30), the receipt of which is hereby acknowledged, each of the parties above named, for its predecessors, successors, assigns, heirs, executors, adminis- trators, and legal representatives, releases and forever discharges the other, and its predecessors, successors, assigns, executors, administrators, and legal representatives, of and from any and all claims, demands, causes of action, or suits in equity, of whatsoev- er kind or nature whether heretofore or hereafter accruing or whether now known or not known to the parties, for or because of any matter or thing done, omitted, or suffered to be done by either of such parties prior to and including the date hereof and in any way directly or indirectly arising out of the General Services Agreement hereinbefore described and all of the transactions and occurrences above described. Each signatory hereto acknowledges that he or she has read and understands the effect of the above and foregoing mutual release, and executes same of his or her free will and accord for the purposes and considerations set forth. Each signatory warrants i l 1 that he or she is of legal age and legally competent to execute ' this release, and that he or she doeF so under legal authority of the part so released. II Siyutwrr Sipn~TUr• Lloyd V. Harrell _ ~yi}r ei S. R+Tk~i`R- Typed rom City Manager & (I - 1 qkK City of Denton, Texas T+:IM(t~ cop"" SIGNATORY FOR CITY OF DENTON, SIGNATORY FOR MA?CICARE NORTH TEXAS TEXAS, INC. i DATE : DATE- I i i i r ~xlurarrrl 2 PAGE , STATE OF TEXAS COUNTY OF DENTCN BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared LLOYD V. HARRELL, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the.purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained 1 to him, and after having read it fully, and after realizing the effect thereof to be a full and final release and discharge of Maxicare North Texas, Incorporated for any matter or thing dealt with in the foregoing instrument; and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that the LLOYD V. HARRELL at the time of execution of the release was completely sober, sane, ` and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of I executing this instrument and of understanding the significance of his acts. G N under my hand and seal of office this a~ day of 1991. I ' jopM KV0AW No ry P lic, State of Texas wa.Mw01~'~'r~ I STATE OF CALIFORNIA COUNTY OF LOS ANGELES BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared i2 and f known to me to be the executed the foregoing instrument and acknowledged to me that hew she executed or the same for the purposes and consideration therein expressed; that he or she executed the same as lsis or her free and voluntary act and deed after having it fully explained to him or her, and after having read it fully, and after realizing the effect thereof to be a full and final release and discharge of the City of Ekinton, Texas for any matter or thing dealt with in the foregoing ; and same anyt threat, force,h fr ud, duress, orxrepresen ation of any without any person whomsoever; and that the 0 comp d1L kind by at the time of execution of the release was*oompletely sober, sane, 1 and capable of understanding the character of his or her acts and deeds and was in complete charge of all of his or her faculties and capable of executing this instrument and of -understanding the significance of his or her acts. GIVEN under my hand and seal of office this /0'~ Lal`'~~ , 1991. day of WTANYPUKIC rrICIU SLU QS7 n S• ,Q BRA L. PITNqW ~„~Notary u' b i1 tV S',tiQELIS COyMtI In aav for Los Angeles : ew, County, California i T- T ~ 1 11 ' CfTy of DtNTON / 215 E. McKinney / Denton, Texas 76201 August 15, 1991 Jim Hutchinson, President Acme Auctions, Inc. 401 Pennsylvania Dre Denton, Tx 76205 1 f RE: Consumer Pcice Index Adjustment 199 . f ' f Dear Jim: we are in reviewing the Airport Lease Agreements for 1992. revising your Lease Agreement according to the Consumer Price Index, Section IVe RENTALS AND PAYMENTS, paragraph Br page of your Lease Agreements for Lots 917 and 918. the According to the Southwest Bureau of Labor =emi r tes hard been Consumer Price 52% percehe, nt ereffectivbfSeptember 1, 1991. This increased by by 4 er six-month means our rate ll ince nstallmentrort $10.84 idollarseper. by . Your dollars new rent rate is i $125.42 per six months. Your December# 19911 Invoice will reflect this increase. Thank you for your cooperation. Should you have any questions, please direct them to my office at (817) 383-7702 or (817) 383-7736. i Sincerely, I i Joe Thompson, Ai por anager City of Denton I attachments I Z~ . 1 Your yearly rental shall be based on the All Urban Consumer Price Index (CPI-U) for the Dallas/Ft. Worth, Texas, Standard Metropolitan Statistical Area, as compiled by the U.S. Department j of Labor, Bureau of Labor Statistics, using 1982 100 as the J base period: 123.8 is your Base Index Number 129.4 is your Anniversary Index Number for Dallas-Fort Worth 1 Area 129.4 T 123.8 1.0452 - 1 = 0.0452 x 100 = 4.524 0.04528 x $120.00 $5.42 $120.00 ; $5.42 = $125.42 l j of abor Southwest Statistical summary statistics May-.tune 1991 , 823 Cktlan 6L wt - l4oom 221 ' DaW.T=73202, Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, Dallas-Fort Worth, and Houston-Galveston-Bra:oria l June 1991" ; (1982-841D0, Not seasonally adjusted; U.S. City Average: Dallas-Fort Wonh: Houston Galveston: Prow Palwt ~tm P~ i INDEX ITEMS r,ee~ 12-Maid, vmwe, +de= 12-Lb* 2-uaah V*% f2Nbna+ 2-None, 1 All Items 136.0 4.7 0.3 130.1 5.1 0.5 124.9 4.3 1,1 Food and beverages 137.7 4.6 0.3 138.2 5.S 2.0 -110.9 1.8 -1.1 Food 137.2 3.9 0.3 137.5 5.1 2.0 130.2 0.8 -1.0 Ih Food at home 137.4 4.3 0.4 133.5 4.6 1,3 136.5 -0.7 -1.5 Cereals;&bakery products 145.7 4.0 0.3 141.7 6.4 0.9 139.0 -0.2 0.6 Meets, poultry, fish, b eggs 132.4 1.9 -0.2 129.7 3.6 0.2 128.5 1.1 -1.2 Dairy prodids 123.9 -0.8 -0.4 129.0 -1.8 0.6 140.6 -0.3 2.5 t Fred and vegetables 166.6 13.4 2.3 145.3 10.4 5.4 142.5 -0.1 -5.1 Other food at home 127.2. 3.3 --0.1 128.8 4.7 0.5 139.6 11.1 -2.4 Food away from home 137.9 3.4 0.3 144.3 5.7 3.1 120:0 3.2 -0.1 AlpphOriC beverages 143.0 10.6 0.2 146.4 13.7 1.2 135.4 12.3 -1.9 Housirv 133.4 4.0 - 0.5 117:8 3.3 0.6 110.2 5.3 2.0 Shelter 145.8 4.5 0.4 120.7 3.8 -03314.0 7.6 0.1 AGNOW COS1s11 355.1 6.7 0.6 125:7 5.5 1,1' 121.8 ' 10.1 2:0 10 !•fOnleOw srs'o0ets It 149.7 3.7 0.3 126.0 3.2 -0.5 ' 108.2' Fuel and outer uftes 115.8 3.2 1.4 116.0 4.4 3.8 400.0 4 5 11113.0 Gas (piped) and electray 114.4 1.8 2.6 114.1 6.9 7.6;, ,107.3 5.8 20.9 Elactricky. 125.5 2.7 4.5 113.1 15.2 12.8 .115.7 7.8 27.8 thvty(piped)gas 96.9 -0.2 -1.7 117.4 -5.5-1.3 0.3 -2.2 -2.9 Household fumishinQsroperalon 115.9 2.5 -0.3 115.4 . '1.2' 0.2 --100.1 -0.1 -1.3 Apparel and upkeep 126.9 2.9 -1.9 146.9 10.5 -4.7 133:3 ' 1.5 1.5 { Trsnsportatim 123.7 4.7 0.3 119.5 4.7 1.0 111.4 4.7 '2.6 Prlvatetranaportaien 121.9 4.7 0.3 119.9 5.2 0.5 119.0 5.0 2.5 •Gas** 100.6 6.3 0.4 102.9 7.5 8.8' `105.0 6.8 12.5 PubSotranspoftlon 146.6 3.6 0.4 120.6 -0.7 10.1 136.4 -0.1 3.6 Medical care 176.2 8.8 0.6 174.3 7.5 2.0 174.9 10.3 G.6 EntertaInment 130.1 4.7 0.2 142.5 3.4, .-0.2 139.8 5.3 0.3 ' Other goods and services 170.0 7.7 0.5 164.4 6.0 1:4 157.2 3.8 -0.2 Spacial Indexes: All Items less shelter . 133.3 4.7 0.2 134.0 5.4 0:6 127:9 3.6 . 1.4 Energy ' 103.5 4.0 1.4 : 107.7 7.0 7.8 105.8 6.1 15.6 AN horns (other base) 2/ 407.3. 408.3 400.7 Oonstxrter Price Index for Urban Wage Fanwo and Clerlca! Workers (CPJ•W) All lterrta 134.% 4.5 0.2 129.4 5.0 0.9 125.2 4.6 1.3 N ftems (other base) N 399.6 399.1 -399.6 11 Based to December 1982 -100. N019 1 : F00d at home and energy indexes are put V- d monthly for DaUs-Fo4 21 Based 101967.1 D0. Worth and Houston, AA other kidexn are pubkW on a bimonthly basis. Note 2: The Dallas-Fl. Worth and HoustonQalv4elon &ssorta CPI's represent the respecW9 Consolidated McVopoftn SWilfc4Arees (CMSA's). i 1 Denton.County Dead Records, continuing along said course, in all a total distance of 1620.57 feet to a set monument for a I corner; THENCE north 01 degree 23 ainutes 50 seconds east, a distance of 817.43 feet to a set monument for an ell corner; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 325.0 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance of 155.0 feet to a point for a corner; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 150.0 feet the point of beginning; THENCE south 88 degrees 36 minutes 10 seconds east, a distance i of 50 feet to a point for a corner; s THENCE south 01 degree 23 minutes 50 seconds west, a distance of 40.0 feet to a point for a corner; , THENCE north 88 degrees 36 minutes 10 seconds west, a distance of 50.0 feet to a point for a corner; THENCE north 01 degree 23 minutes 50 seconds east, a distance of 40.0 feet to the Point of Beginning and containing 2000 square feet of land: For the pur-poses of this Lease, the term "Premises" shall mean the property located within the land described above. in. TERM The term of this Lease shall be for a period of fifteen (15) .years, commenoing on the lot day of September, 1990, and continuing through the 30th day _of August, 2005, unless earlier terminated under the provisions'of the Lease. IV. RENTALS AND PAYMMM Lessee covenants and agrees to pay to Lessor, as consideration for this.Lease, payments and rentals and fees as followst A. Pirst Year Rent. Lessee shall pay to the Lessor rent: for the use and occupancy of the Premises for the first year of this Lease the sum of twelve cents (60.12) der square foot per year, for a total of Two Hundred Forty and N01100, Dollars ($240.00), to be .paid in two (2) equal installments in the sun of one Hundred Toonty Dollars (6120.00) each six (6) months, with the first payment to be made upon exa;ution of this Lease and the second payment due on or page 3 • t 1 before March 1, 1991. Thereafter, payments shall be due on September 1 and March 1 of each year of the Lease. B. Annual Adjus men s to Rent. For subsequent years, as promptly as practicable after the end of each lease year, Lessor shall compute the percentage of increase, if any, in the cost of living, during the period between the beginning date and each September 1 thereof during the term of this Lease, based upon the changes in the Consumer Price Index for all items - U. S. Average (1982s100) (heroin called "Consumer Price index"), as determined by the United States Department of Labor, Bureau of Labor Statistics for "All Items". It is agreed that the Consumer Price Index Number at the commencement date of this Lease is 123.8 (June, 1990) (herein called "Base Index Number"). If the Consumer Price Index Number for the following June, and each June thereafter for the remainder of tbi lease (each such number being herein called an "Anniversary Innex Number") is higher than the Base Index Number; + then such Anniversary Index Number shall be divided by the Base index Number and from the quotient thereof shall be subtracted We integer one (1). The resulting number, multiplied, by one hundred, , shall be deemed to be the percentage of increase in the cost of living. Such percentage of change shall be-mui.iplied by the Basic Rental and the product thereof shall be added to the basic Rental f to determine the annual rental payable for the next one year period commencing on the immediately preceding anniversary •of the beginning date (such amount being herein sometimes called "Adjusted Basic Rental"). Such Adjusted Basic Rental shall be calculated in the above manner during each subsequent year of the Lease Term. Lessor shall attempt, within a reasonable time after obtaining the appropriate data necessary for computing any change in the annual rent, to give Lessee notice of any change so determined. Leases shall notify Lessor of any claimed error therein within thirty (30) days after receipt of such notice. If there is a change in rental, Lessee agrees to pay the adjusted rental beginning on September 15th of each annual term of the Lease. If publication of the Const ser ' Price Index shall be discontinued, the parties harito shall thereafter accept the-comparable statistics on the cost of living for the City of Dallas, Texas, as they shall be computed and published by an agency of the United states or by a' responsible financial periodical of recognized authority, then to be selected by the partiea hereto. As an example, only, of the foregoing adjustment: a. Assume Basic Rental As per acre $100.00 per year, b. Assume Basic index Number is 200, e. Assume Annivorsary Index Number on the anniversary date of the commencement date is 300, Page 4 I 14 J - -----------------CITY OF DENTON, TEXAS-____-------I I ENCL L_-------- ME{-ORAN;DUM (~l ~p -A I INITIATOR Con.I I___-___ -~}~tr" I DATE 9cr UTILITY ADM. CITY HALL I 7/15/91 TO: REFER I TO; cc I----------- David Nam-, I I I Director I R.E. Nelson I I I I Construction Projects city secretary I Legal DePt I i - I FROM; Gay Racina, Adm. Secty I SIGNATU I . I Utility Adm. 2---------------- f Denton and Acae Brick Com I I-------- nt City of SUBJ: License Ay.- Acme with co ver-letter "stating reviewed and I appr ent II (Dave: Please send al Department; advlin thetOfficialgRecordscOf I oved by y City with Leg the city Secretary has heen file I the City of Denton. 1 I I Thank you. I I • I I I I I I I I I ~ I i . l ' I ~ I I i I I l I I I I 4 I j I I I I I I I 4 I I I 1 I GAGE OF 4 I ~ ORIGINAL r LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND ACME BRICK COMPANY The City of Denton (City) is granted a license by Acme Brick Company (Acme) to dump materials on the real property owned by Acme in accordance with this Agreement. I 1, materials Approved for Dumping. The city may only dump dirt, clay, sand, gravel, brick, asphalt and concrete. All brick, asphalt, and concrete shall be less than one cubic foot in size. None of the materials shall contain any hazardous or toxic sub- stances. No garbage, tires, furniture, hazardous or toxic wastes, 4 wood, wall board, pipe, metal, or other materials not specifically authorized in this paragraph shall be dumped on the property by the emovnauthorized rom lthe site by the City without chargetto Acme ,shall 2. Dump Site. The City may dump authorized materials on the + approximately three acres of real property located inside the Acme I compound at 220 E. Daniel Street, on the west side of the vehicle shop, as shown on Exhibit A, attached to and incorporated into this Agreement by reference. 3, Disposal Operations. The precise method and location of dumping will be directed by employees of Acme as dumping takes place. The City will provide signs reading "Dump Site Boundaries" and "For Dumping by City of Denton Authorised Employees Only" for placement at the site. The signs will be removed by the City upon termination of this Agreement. The City will spread the dumped materials to maintain an orderly dump site within a reasonable time after req-"ested to do so by Acme, without charge to Acme. No other person or entity shall be authorized to dump materials at the dump site during the term of this Agreement and Acme shall take reason- able steps to prevent unauthorized dumping. The site shall be open for dumping by the City from 7:00 a. m. to 6:00 p.m., Monday through Friday, and from 8:00 a.m. to 12:00 p.m on Saturday. 4. Compensation. Neither party shall be charged for dumping aterials bec Authorized shall materials the property of Acme when dumped AbytheCity. daysc ternein 5. Term, This Agreement a thirty reiaain in nated by either party by giving notice to the other, specifying the date of termination. 6. Liability. Acme agrees to hold harmless and defend the City, its officers and employees from any claims for injuries, damages or losses that arise from any act, omission or negligence or empl the perform th scAgreemsnt fiThesCity agreeseto holdiharmles.. and defendaAcnence 1 1 S11 1 \1 1 1 its officers and employees from any claims for injuries, damages or lcsses that arise from any act, omission or negligence of the City, its officers or employees, arising from the performance of this Agreement. 1 CITY OF DENTON B V•` . IA . HARRELL, CITY l1AN ER ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY:I c7G~ 1 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ACME BRICK COMPANY BY: Title: HTTEST: WITNESS: BY: _ PAGE 2 ~i EXHIBIT "A" . ILI I f l ~ ti• y I " yfs'I w I~ ' Dkf,CN l _ J Y A. I~ y oil w j ALJ s A V4.. I ~ • 1. I1 r i II ; 1444 f i ~ a~nrv ~ ~ l i : • / r--J % ~~'~7; ctlr ,uaa IYEL alfiq(' Af/.G'f ~ it--•-' 1 ~ ~ --RT-. .L^. I 'a i Y TEMPORARY AGREEMENT LICENSE AGREEMENT NO. 1 BETWEEN ORS, INC. THE CITY OF DENTON AND TOM FOUTS, REALT (City) is granted a license by Tom Fouts The to dump materials on real property owned by City of Denton REALTORS, Inc.(Fouts) reement. Fouts in accordance with this A9 The city may only dump d concrete. All brick, ie. Materials Approved for Dumping. g brick, asphalt an sand, ravel, and concrete shall be less than one cubic foot n s z dirt, clay, asphalt, hazardous or toxic tes , ~ None of the mater ials shall contain any e tires, furniture, hazardous or toxic stances. No gasbag, or other materials not specifically wall board, pipe, metal, ro e shall be dumped the pthe City authorized in this paragraph property the arg bY' to Fouts. ity w on ith the out site ' F City. Unauthorized materials h dumped I j be removed from the site by y authorized materials on the Dump Bite. The City may dump Fouts located on 2. ten acres of real property owned as shown on appruximately across from Turbo o Inc, ref- { the east side attached to rand incorporated into this ofr the north side I Exhibit A, post and cable fence J erenoe. Access to the dump sitwillapro ideyawsite. The City 1 i of Shady Oaks Drive. The City ries" and i padlocked gate to regulate access to the du~ap will also provide signs reading "Dump site so only for "For with of Denton Authorized Employees onnly" la cement Dumping by City cable fence, gate, and signs will be ,e- at the sit . The post °n termination ermination of this Agreement. moved by the City in will be as 3. Disposal Operations. The location of dump g hall be Out- em loyees of Fouts as dumping occurs and shall be with directed by p lain areas. All dumping I the City read the side of flood p. personnel. The City will spread site within a reason- marked vehicles and uniformed P charge to dumped materials to i to r'dorsor by dump Fouts, without able time after requested son or entity shall be authc.izedemoeRt Fouts mP The . Tao other P• site during the term of this e four hours a day. terials at the en for dumping by the city twenty site shall be op shall be charged for dumping 4. Compensation. Neither party reement.. eduby°theeCitymaterials 3rdance with is materials in &cc'proPerty of Fouts when dump shall become the p ain in 5. Term. This Agreement shall rem thirty 30} days fprior uwritten rno- naned by either party by giving nice to the other, specifying the date of termination• to hold harmless and defend dam- 6, Liability Fouts agrees from any claims for ini li ence of city , its officers and employees act, omission or erformance of ages or losses that arise Looeest arising from the p d defend Fouts, its officers or emp y dams es or The city agrees to hold aforeInjuries#da Fg Sr this Agreement from any claims officers and employees 4 its officers and employees from anyy claims for injuries, damages Or ence Of the it# losses that arise from any act, omission or negleTfor~nance ofCthis / its officers or employees, arising from the p / Agreement. See Below 1991. Executed this day of CITY O ENTON LLO NAR ELL, CITY NAG ER i ATTEST: CITY SECRETARY ' !I JENNIFER WALTERS, I I , GGe,~L ~ I BY:` t ~ APPROVED AS TO LEGAL FORM: r DEBRA A. DRAYOVITC11, CITY ATTORNEY r ~ i BY' i + TOM FOUTS, REALTORS, C. BY: /q C Ea.~,u Title., ATTEST' WITNESS' ~9'1Of' T}s Temporary Agreement is granted to the City of Denton to allow the City to immediately start dumping material on the site. A more permanent agreement will be signed by all parties in the near future. PAGE 2 Exhibit "A" 1,~ M M r 17 I-ml (if u j a,l ~ 7bA/ ~i WWA4 _ .gore ~ : " I r. ouM/ J/J7F ~51~10~t ~ 14 r I ' 1 N " - Exhibit "A" 1 1 ~ ' 1 1 I 2 I 11,E ~ M ~ l~S ~It~ ti• ~ .II' I I I I \ I Gl -_M••.~_ 'M MIS. II/ YM I 9 ~ V M y I ~-sd 7bU M t"it ..._._....,........_...•_i u r~ • INN I _..__.»~~~I~~ 1 I\ '~i' -'T it 1 TEMPORARY AGREEMENT LICENSE AGREEMENT 140. 2 BETWEEN THE CITY OF DENTON AND TOM LOUTS, REALTORS, INC. The City of Denton (City) is granted a license by Tom Fouts j REALTORS, Inc.(Fouts) to dump materials on real property owned by J Fouts in accordance with this Agreement. i. Materials Approved for Dumping. The City may only durn dirt, clay, sand, gravel, C(~~ -*001siby end None of the materials shall contain any hazardous or toxic sub- stances. No garbage, tires, furniture, hazardous or toxic wastes, wood, wall board, pipe, metal, or other materials not specificalllr authorized in this paragraph shall be dumped on the property by the city. Unauthorized materials dumped on the site by the city shall be removed from the site by the City without charge to Fouts. 2. Dump Site. The City may dump authorized materials on the approximately ten acres of real property owned by Fouts located on the east side of Woodrow Lane, north of Shady Oaks Drive, as shown on Exhibit A, attached to and incorporated into this Agreement by reference. Access to the dump site shall be by way of the Woodrow Lane. The City will provide a post and cable fence with padlocked I gate to regulate access to the dump site. The city will also pro- vide signs reading "Dump Site Boundaries" and "For Dumping by City of Denton Authorized Employees only" for placement at tl a site. The post and cable fence, gate, and signs will be removed by the city upon termination of this Agreement. 3. Disposal operations. The location of dumping will be as J directed by employees of Fouts as dumping occurs and shall be out- side of flood plain areas. All dumping by the city shall be with marked vehicles and uniformed personnel. The City will spread the dumped materials to maintain an orderly dump site within a reason- able time after requested to do so by Fouts, without charge to Fouts. No other person or entity shall be authorized to dump mate- rials at the dump site during shall be open for dumping by the city twiny four hours a T day. 4. Compensation. Neither party shall be charged for dumping become the property of Fouts when dumped by Authorized materials shall materials 5. Tara. This Agreement shall remain in effect until termi- written no- nated yeither er, specifying the date ( of ) terdays prior mination, tice 6. to the oth Liability. Fouts agrees to hold harmless and defend the City, its officers and employees from any claims for injuries, dam- ages or losses that arise from any act, omission or negligence of Fouts, its officers or employees, arising from the performance of thiv Agreement. The city agrees to hold harmless and defend Fouts, its officers and employees from any claims for injuries, damages or t. i 1 losses that arise from any act, omission or negligence of the City, the performance arising from of this 1 officers or employees, Agreement. I Sea Below 1z day of 1991. Executed this i CITY OF DENTON LL(0) D V HHARRELL, CI l4ANAGER ATTEST: CITY SECRETARY JENNIFER WALTERS, i BY : APPROVED AS To LEGAL FORMI } DEBRA A. DRAYOVITCH, CITY ATTORNEY 7t i y i BY ! TOM FOUTS, REALTORS, INC. E a BY! Title: ATTEST: WITNESS! BY: W10F2 panted to the City of Denton to This Temporary Agreement is g material on the site. to immediately start dumping all parties in the allow the City A more permanent agreement will be signed by a P near future. i PAGE 2 b Exhibit 1 ~ 1 ' - i ~1 ~I~j rl 4~ ' iy !1 r I I1` \1 1 ~ • 1 Y ~ ' ~ ' '1 • 114 S .'F'v ~ •l~ r 1+ M r. I 1 Y 1 R 1 I wC 1 I ~ • 1 ,I I ~ lu ~ + I I rr ' Dt/ryV .f/~f ! aRTM►sy Yw~~ ~ I 1 III rt \ ~ \ J' ~ J I I I f w~ I ri ~ 1 it 1 . 11 f .1 ri ~ ,~t c 1 h"`w v I• ~ r r 0 ~ , ' tenl r I wvl . Cii1 i>'~: ,Ff1~c ealt Texas Department of H Robot A. MaoLear% 1w. 1500 Most 48th Street ooNtY Co^+~ 6s A01'w4 Togs$ 78756 RoW 80"4110. MD. fACP. (512) 458-7111 c4m r"vow March 1, 1991 Honorable Robert Castleberry, Mayor ' City Of Denton I 215 E. McKinney 76201 Denton, Texas On-site Order M76201 SUBJECT: Vast. Disposal Agent Designation Order No. 070 Denton County, Texas City of Denton, 070 signed by Dear Mayor Castleberryt order NO, original Agent Designation 5 City of Denton as an authorized agent the ulating on-site losed is It designates City ur ose of reg it 's On-site C Y Enc i Health for the P pLer 2 of said COmeissioner Bernartment Of prescribed in Chap of the Texas Dep sewerage facilities in thM7G201 Department shall Vaste Disposal Order No• appreciated- This If our ro ram is our request. 4 City's involvement in this p g ossible, expeditious assistance at Y Regional Director Public sent the City's ont Your ish nsultation services are desire( Jn the establi provide, if p Turner, P•E' Region 59 817-792-7282• technical co hone AC prograat do not h a d consumers Health protecttelep of Environmental Arlington, Texas 76015-1621, responsibilities 2561 Matlock Road, our continuing entitled lease be advised of Y artment's regulations program r ant, p of the Dep a Facilities"• Annual As authorized ag copy erag pater Hygiene described in the enclosed site Sew Division of "Adminis trative Requirements for On-site by representatives of the 1¢ase do your progra% continues to meet these antiadrepP rat ve audits shall be performed SS2r 4587243 for t o assure that you uestions relatin g to ie this at AC If there are q Vater Yg requirements• contact the Division of not hesitate to prompt assistance. Sincerely, L D. Thurman, Y.E. A sociate Commissioner for Environmenta and Consumer Health Protection THJ:re a Facilities) s Administrative Requirements for On-site Severag Enclosure ( f cc: Public Health Region 5 I I i ~J I 4 1 I \ \ f ,11 1 BEFORE THE TEXAS IN THE PATTER OF DRPARTIWY OF M&ALTH I Tes APPLICATION of ~ CITT OF DIff"i TEXAS I' AGBNT DBSIGtiATION ORDER N0. 070 reviewed and considered The undersigned Commissioner of Health, having the City Council id the on-Site Waste Disposal Order No. lS7b2O1d~a~e1982, and having found said I CITY OF DENTON, Texas, on the 4TH day of 366, Texas order to be in compliance with the requiresents o Chapter 's Texas Civil Health and Safety Code (formerly Article 44 7-7 of Health adopted Statutes) and the rules of the Texas Department APPROVED thereunder, SAID ORDER IS HEREBY , and CITY Department 0of Health to I I k hereby designated Authorized Agent of the Texas age Disposal systems in those areas to which said Order regulate On-Site Sew ! is applicable, AND IT IS SO ORDERED. Done at Austin, Travis County, Texas, on the __2g _ day of February 1991- :be r t Bernstein, N.D., F. A.C.P. Commissioner of Health • reAls- rei tha w" ud rte rot ttjucaed by the t~e~ of P d ca Ba or ds by ~ tared iste:d w Texas Department Of Health Texas Wsw Cooveunk4L F~4 which pre(cW;orA saituin auftriud to prac• Administrative Requirements O'a'W-•#* Pt1O't~ in tiainVatStateoITear.llweirdividuaL For o.nr a tw+ilderK at PbP° ry wked sh,mu be vWSW is the (Wourweash of the n-Site Sewerage Facilities t~SF• vtduai, PWWWOip olnc=u Kwaafe inai m a- O -An iad~' efr Rec~ the WO- rr4 501 1&~Wd WM%AA, ~ umd a ttw sntioa vlrw ~•.-0 txr+i ~ a 0, bcal te{' a~dsariraA ~ `WK'°o is s in 'do dsP~ "'+M of d" t band, 0" haw tin No OWL Patty 96 aaaocieeww or sry Plip ta"~ raviow roisuna upon W "Paw filar rbe cmn dedpo-A &6P fa tha autharisd vwe'a nquea. c31 rh W kA" 7r-Tmm C"Q Suc- a 0g spa mmovs frs7Yre Mach by a rq- (c) 3-MA k" M**iQt F.au 1O°• 4477-7s Oieera Bit It75, Wwd poiaairyi aquas or rco"W may dWWW faa dew Tba folicW0= s ma- 7M Tess LAlklW^ 19M SwAdria wdcici is "q" by the mva bows shalt sequin a pw(exaimany 6w4red AucttWUW W+S'•lb Ioal tea do* ad chess asa+acs. _ ho" faaliry: ibty rive on (eta Om oQiw of tVAT&uo ()ePa an" of ao.asiw ( "aa Wsc irmft o oval oSSP, tasariiatraery a j K S WMIO_Wmft 64 is Pima hl or. by dr sa+drdr twaaaslwaa and for Oa dBp wA of WWW look Wd b6&Wsdabis or daoea•paaebla (2) POMP"Y f« coa'°n.mon of a ds W hsia far &WWd WO flat owmay ~ as ban^ OSSF OR a Inc of tact of hoer aacar eawdat sg araa . of afar waasa Lea attsur mdvor Lehd• dint fiat eerpitd by drs a smex s: tbs wabrpowd te.diwt U" Gaiiisias. wilting. lsIa' s OW PMPD"d a see" Mmd&NCVXY a( wwq. &aPaai 'lds i ow 6. *jw& ad feat arapraioa nsobeL ham or eaQa8600a1 `ale prf° snraad sasrh dog is Adewalis ad be" Sawgs &&a~ow I'Ofnaiat Mw ail M6&0641 'to aow *a vadad "on" - ItIMOM or ctdgOPM o Of~ whik twrunl dA solids MMPOM S CC "iped PM(NOMA wont' " 404 ayda>donal aaablFs}raaw CV" daeewaedstiei in do abases d ftns . I& salsa loving dwivorad of f~ fhws in scow of 1,000 gd-PIMwas. er40 sw'aap & WOW daY, ° D~~_Ths Taws PaPstteas ELM " da MIN w- 1100 W44 4% Sege- frith Wwga &aPed a a land want. (A) no siv a whsre a tequese , of ed liaafch (lDtf). Atai% Teas 7f173b~= that bs bwv6 a is ympo" oa b& misdc• fa a subaau+rial •aiasoa p my PaM1 fired rmp"awa•w-A PM90 vWW ino fns of WE 60 10 aorta- tau of *a autdarda is twquef'94 014 a Cs f dot 4 dadPtaed by tfcs depart- Stadarde-lu ooasnaedew Sean- a) nay si+uatioa fat which a 1o- ens or Mobod ad memo pad M Ada a 0040 m ~ a@ Cal ~ faaTib a ptofasioo-rez4ira stsbjact b l4a~•s or aahotisad (roild"tp-WaowaW Sa301 Q( d& . say dr+FW •+iaanu Kid s appewal ad hs wocasfufy ewer Tadpokvp (d) Review of Profcnimw desilw. pW dWeraer+i «aicig Pp TM dePste'ad is the review' w{ afa^c7 for pWW a tolsatioecal s which o not >R PM pvvla&vidaal by -A daa **ftshv Vol' Vow of R io xio 1sewowa Fool" A#fdAMMMU (fin far 06- ~~P do" wow twee aou ry. 4"Wc own of awalasa ata• (a) Brie lagabuaass fR PW"ia• OWIM ry, at Odw angry is m +u W&W Luubw-A pass dux is aaw+Pa A& @WWv a(tfr dsiso. ooesat°moa aestt a( tba .Separanat arch PtWavca final sdW by wAdw for cbe satasenoiw inetai ~pwos, opmeb s, sd tesanrwaea of wrA a" to sahauud b and term latioa SbWW 4 or to* of a etafsws 0W mina be is mW10 s with tlr oar- +M"Wel fnoot, ands a". The depsuoas MWO& J "WNW w ~ asde)•-A ref P"I isom al6@ daape..at which spryietwia~d ms d4- Plawd + " ttidpaliey. 0000Y. rlvar ardW .4c sPWW teas twosi d do dsptrWaaaa s qP v"L In gw&S do tevlaw d Pm("AOaattY da- wailft at. far co mew- (aerie Tbw regWeea*aew sh.u Witt or "I W d wow oenavawaw ~ tiea M aess of WcA wiwiada L ~ ~w (s AM suds r sawAdon ba&- lfrabawaa-A ecisanoa r aAdw state &"ba rW. d "Gp c cboro 6atim or (A) w*W bomm SIMM& pox , 1. for pow vPpvaL ptoaduraa aroftrswmft v bmiad Plawtint MW6 acie ww efrehajW of s- fa,ebtaawittf a paten icelwdc (a) Peofaoional dsiPr tot tnebdi Of 016N art {b~ Baal it • naaatal (1) as ad snbmiaai Of visiar awhFerit tsaid~etsd fan7itiat. M jh~ 4C In do traelaewisaiaa arc app6cedea p wild by TM w r as (k~;~,rs ae do+P M d Pik M &W- of draw p of .nawun a paeaan er Pa- dsoiaad ><eeR as for OSSF for mows Axe aOOnd '.z MWW *4 MWW noun. or M rAw"d of dr sppopriats 4•s p es ta s f a' (1!) as amflow'inf of of &aien ape IR *=fiprr ~ ioat• o SF LW* or imam dnwa, bcW&g vak as d) malaria) for stilt faayiCias which is t+ga+ed cra& to bun- of jroendwaaw. aawuswfw• PfO or p 1K taabreiuad w TDH town be rwaived as tioa by, a ocwg WW t d n so-so sawasfx (d) srisfatdery sospiatiww ' t>ti paoppasd eon fau7iry• or a blaa+t diaclw{a (cove + °w an." ftapactiona by TDH or is twdtw tud d wwRioee d" S a TAW11 aha0 i~ a Stu owanta fwauy. is16 MW _ awfiasion !roan 0+1 property owner or UN (Ata iry (b) Ragaieawset! f°r pr°f°i°aab •idual. fquind to M. 0(( NOMOOM do. Pea fanGths CM" f e~Po •icaa aril &vPaaal fW&W dot do net Pea eWO Of wsca Paf Phi ad a6at ei+ersca>!scs fainiaal doipr for otAa OSSF mm tsa _ daoe agora then 5.000 j fn flee '"d6 tea subnind at dear 30 days Pier trFrtopaad day, ns.WW*Fdy-for onais &WW a( _ • • Sartbai lady 18, 1989, 14 TsrAet 1469 C/ 1 F cauvun;on and shall also be socampnid a mii w idarificadon amber, (2)t All validead corhptainu by such notifiat;m The mcrxbom d rime (S) Texas 040 Sumea, Mine shall bo reached at riNiansial prograts (days) periods do not imply the TDH g 4477-7e, tequina permits a bt Wood in the made acrd resolution by du taporubk proval wip be grrned during or within cow irtdividw( within A days dlficW notifi- O+om Periods' net.: d LM pereow who owm *A faa'liry, cation by a n:imW office. r aad M pewit asabkt KV% peas b t4 PtnkriCNa7 arigrr for loran setxt 41W. repro aLO4 or spews as p) To feciliur cwvkW pro- Live faciti m The deprumw is the ro iaw OSSF. Pews it n tradwebb barrow oessiag a tkprtrarte approved taornpdairr "bar" for (snovatiw dasipn, r dsfwed prow Daly UPON appiteNt"m b and aooap foes slay be Uri is ramrd pamrool feat W Owe Aw4wds. rspsdkw Of the sosawr tows by 68 1 - boo rho saw Pm- evoivrd in a kwomigadoa Each am- a loaf pro.- aaNkarky. Amhseind ps+sd ra*wtbwwr. The fas b rrsi a Plitt reosived shatII asosaskm the oONPle- agents dar trssuwa pleaaiag maaariat fr parwit Is do aer owar *4 bt dr star ioN of Lin form mlwdk s of other ilpvative systaras for do dapares.t's m- r fa de ttfgi d pws& Aa aaoepfieN b oooteunicaoor o(tid my be asgmh in viw asd com m om for as Cass wmtri s xis ummew he wa7 br ooNwdarsd it is M oolPleiN's essoh+6oa iNatwrivs dtsigtts. Howvar, keg risks Many wbrs fr red torso 110CA tiON rind agou n reVONrtbie for M iassraoe plprr a panes hr ebt W prvait(s) (4) Each ooh sb0 be or dwUiat d a omstudiw part Man for cewbastias of o OSSF fnr rsridrLOee ~ti' by cods aO nfeg b a 1 dip. so cogo oo by rite dsprlmwsL Stlesgsrs K asrbidoob wkdd in btaip for M ~ whisk idrdod do r egiast sm ds nay be a0stitle ptspaw Of 8410100 » =06W pr- OOmy absat6 std do Ntorieai similm drips for arbor pNSpet iewd by -thw focal ardtrissd 091111 am orir mompis. CO laiat oubw sorb t- 901 For wmu do ww" dwrlp prepaat arrive (b) am* r•fwvby foss da.rid.aly~ oewpi.tr r 1-418- 901-M favorable arv(ew by do depNttitiasrt sto (1) of die aahsaftutti as aw-ab rac• f30ldt?r. rexrr wads feplslr ap 3% be rooked b (A) 1 wpnss.r ' ptbrw Dgpotvwd ar HOW" am* VA ti 6046 caw wwtiaq rd bedi a!iegad of ies t (PHI 1); (!DH) Agvilown k Ann W- Asar Lmd iarsrsios wwpiasteaat of Ukase ar+iom if Rqutwiws. is fuller. (a) Presties, im ou ar, lira (1!) 018 eepRem SaePs (i) Faaniss for corsbactioa it (A) vrs bsus9d before tkr C°usty. owd by TDH an RVBmbb G* is WC& effecd~e dale at 0016 saae)rwe ar 901 npresaan tasty tisa which do not liar as odwrind spat (C) The appiketioa fs1 fa a TDH pwaait fo[ as (8) has tsosivsd ttppe►d for 19f9; std OSSF is 5100 for aN dsttgr" facility Gad oossreetiaa aeo a lsgatiy arhwbu r H• 5730 for sub URTOy srhiok m moss M cog betas ds efferdw dra (D) 001 idestifiae ds Sau sUabetiriaa of piwitf swrfal by a.esgis- at Owe sat w&. con iCA is VMM Cory in lanaary tad pdeasiswat arUgiaaer a< w fistrtsd 1919. 1- AN itl aw dips *A GO as Of Pm f"w"d Ths ae b Memo tb m u sr w ~ boa o.+dageet b txiad a frr Cro teas PracadrrasrSacsiar fl01 JOJ. D61244" T DH f« *14 permit Tyra US Cry be Nab- ( aTky is Yf a NeisaNO at b do +Pk 71hil d ear- ds wm is f 701.102 of d& *16 (aWAAM 1ror Coo=l Pn6rlrt Momy asdws or anti Fad grits Lady. Ply- ~ ~widddo 054A so t mod cm- (a) Owtrd POU . k to dvwmm% able to ds Tar Department rtf Hoattb, osoiaa dssaibd i threw poesy to proctor mpkaa of OSSF by shaA be wmpftd * [so asllw 1 d my sstdos b abss ds MbWWa foal gosantwrral W titi Much d the amowt shill be PWAO& tssgonwbtruy for M promatim of this on- Th rn A prmit will provide dr (h e dsprbaat. at it 4P Dept era wilt do rgimai effo"' -Ra- P'* r Perm l Qw oa 0 asdara way par611 w ieupeetiea of is part staff SW *Dncw seek covey w%M pwma am cd oarmtotioa ON baps OSSF whisk Is etawpaed by vhar of ere- dote Not true bed npl.aisr b sw+w uning n tkis p wAd co Permit O be rw eP boa & pm itdn f Pwean s(taw m. dis omoept. Thor agUetiss of «br ai- qwm of as swasr. Far for "a iopomic" it whid hoes o aaiaits Wass Cfi* l dand im Nair FAr will be to soar r far s nxarrtt TM only (C".'DO) taa:•.Aar+i by do Tam imhdi rew fw ees, agar skald t be to ON, Math r doerld is patepepk (1) of d& WSW CowadariM W W" wan "g- mappliee i er c! nappido C saws r aw aged MAW dr Met of do Tear War the d w- (b) Am Mon vwdpivt ei attiswws Dear . s. ad d ads petfxo M 1 -do w ss• (3) Appfka km AGA be oak Tks irsatiptioa of cidesa eoa e~aiaisrlis 0 bteetis - a the apptapier is fr°wi °f1!°s i1poN e° plaits of mart ossral by Oka low a Squabor 1. 1"0, sW btedoW peior o10 4(44A d m n - mardwdoaeg of hopo!w isea w" of ag=b Of do ooatise- PKW nc% Ow i a fans W" vr><1 owlet Of for oo a eprlsiea of 0 OW WE fraeis a m7r i s b opwrs Mir peps Proud b u lest The ar Of p activity for Mort alum To riots any aid sop!' w• siort iriaiaraive pseoe6m le do Pa. Tow GvT atim Article t Oise de vided.Go M sppiieaat who is setpssobia ~owoewat Sse w ]01.106 d this airs) f« pootoy a OW r do prepred rrasrUS• ow" of wON& M b M0wed. commodus to (ottavritg o Rnisw d E it8ng Orden) lion sits far we r a 0aN/Oww11 prsstit >s a f0Y Amines do nviaw 4 thou misfiaf pro• ' Ths selirW office will fonrrd ON Copy (1) Ali Conplsits m9md-04 wa pews- o( da application and do nwiNrroe b ds OSSF dap be wvaaigrld WAA a n esoa.• (b) Aoptrai ow•sir W" d'spost deprur,w for pocoaks, Rap and oftiom *w Powd aher rampt. k is noantt+adad ordo (OS WDO)• shop rauia dw real cagy of do "liogiaa die this prixid Not sa*W It 4179, t aa►- f« iumn nfrw4e. - Iwo rsoaivsd is *A dtrprwtsN, "t be (1) * LOW gorarnwear.l eatiir (4) Upon rwiA of M forwrA b M lppeops(sr M&W oi%8 dtitin b earwax K"laed spats do 4spraont W"MIPI 511011 (or aadsriad trews) width rose days of of an daprtmat *40 jr4icsta tech to the t;oN and ta+ttapot on &m rook wm ptrstitg sow dwL if PWUDAM'4 r k;oNal same. upon eha N IJ ^O"pt do. ~srtstar'a el IS 4111#106311d spaK t regttirai and iaiae a prmrtrt panttit vrith - • sn71 administer~pvown OSW 190, anforeiag. _ _ 14' rerRep 3410_ joy Id, 1989 muss Res mr .0 I 1 l ~ W r ' The 1oc+t crtky LW be tc- u e m'uiirnura the cM:rAvaiett of ft urt• (a) GWMSL rw40; is rt. wNuak for provibnj `a lords a otke sarsierte whxh may be Mwed» review Proftar"a ora+anc~e arA a eronthfy MW wa of c daf t of coffoajnar~4 dew coctiv0d, Wopwd by the Ttam Bard of )kalhb We.1 enbdawakw ackquw " nature o( A r.4o°° eaabliaw idawiry a erd>Aedao nom' ) The tad n f be ~a„me ODUW IM s 0 h . m a„`~° ~ 6azating Of xea oFSainiaf(2sotltar i WAWd $"I In Sumn wig wwkrdad a a asprera TD9 4000"" " sectioa ertabl shag acti+htiaa of ark miry for r"aw tt(reaGt raWbamSK whisk Shoji irclade a model osW far q acts this the "Y load cwAir. ANY Chm" ro for model Parfarr.anu perowAn. ah sire .ewer►f a I, it is k `a S+Wl r ~ by oath al. reiumw fa kcal ooadrearte woo be ar, (b) Procaeritj loof 6M MM cal govrramh aiawtee ' be W oeaia ag wirb aaabsebed fmft aPOW10" eitb do coalider" (1) 1b Soul hatter and wtM°M oea(Gcs _ ved TUH Poik"r thkatt mei7h pe vne shy be ~[or new Tf a do n cc wkWA PrcF°rad BnrMe l done ~ by Texas a Wool mtin(It fOr"San s b regar&pg to aocaprahrTKy Ov*tvww firm this axdal abr. A brit Cara Staann, Mich AM-7& 71ha a.~la 6vwmee.widtir l44 Coll let "Y' dw *4 ter ttekjr+oa pw°r&" dam hot eaabGab'a asiwr.trra Perms cal entity e'" t,04 Tar daper.arat teoeipt of area otrtpla~te In W ehatl ~ AffamigaL a maainrm Period of apry's ac4++a~ sK*~ s +ha Patocd'r MVMAM md~ordrs r WW itior w" 6,0 days tot audtormd ~ 10 asrioa to WAWM _ prev d em b.va an osv+DO wtic% 6s ant r+q ia• w t~°d of d` t~ real"' a ~,a ebea ipw OW To Arficl% ssaaaa lod $or r- ~y C4 kcafy adrtt'~a+.rsd pWMWA t"IM A,ti~s: corral, with Wag ead.rid" 0 to tam VMpee.d OW. ~f°R by .,:1 nakm of echo Par rar' 4a- p"01400" and tow-- aome irrtaac d. dig pww hoar 6"iad agent "I'm (A) It b ar arepory+~+lir) of waded b..W Wwwa ,p bw..i.~i Aber do d'Pr of therm6w fa W09001" at ~ Jo 68 d'P"°""" iratiers ye ' cta" (C) Cann s der aPPLO'~ m w,.L do WW MIA-Y r`te' apr~pe, and b0~ P" c baw• kr1 fire yrW W Ida drMOd ~~kr 10 W cr am WOW tepw 41" forair" n do Tdsm Sand of Had& rslataag P't ras4o+ragaited X106 of WW gavr4tenaaid avows (S) U whim of " da$UW 'a" To Ora trio ie4°tr"m the bA &Adk*- Wry Prom be (D) °p°~'b'B wba•e a kaFection aba0 property VWe3% 4&d re"Cor aa'sti W of otdn a dw drei &a~td oedad•PP~i°°0 for to daP.rr' eiyad !ta+t make aLheduSed aa yaey review. ant laser hero t!o Jtiocrrd wertoag day 00 ktWmeami'•a of each ellity s Prvw%. . naa„~ag botidays. altar *a eww WWf ew If ' U der Wbraiml is lord doe data (e) ~a!~ - the j •araPr to depaSunart SW an oasis; , m To e.Wre conall"M as cam' k WWI Map ADM got *00 eatotot WSJ of 010 d a„ aF9r he ag oaudy rder m an abet "d r~ wilt eta ethab3« an* I" dM dMwu"M r a,;ai~,.s r.a~r, for . Ignm tb9 subaleal is Not Was &0940- Par . . ~')M> a oss do Aam • P*o v aVVh cbk, der daparorarat r)taa previ& 1% Clear PWWA=g a of *A WWI* roar "a" to TDH xWiCAUNG eivtd csdtts herd Test Rcftaer Act Tsar c~ftl Z" E.W order and s+iim e0~ al. 6. ttwl mimber Hof Werma- Statatrsa/vtick 6rk4 procedurat a. end in Chip-I'll propoeed A hen of "Wavea Y pr opcaed don vat tom OW 41" of "bo"O, of had do di"ll" ter f of hair tkk W%Gl 10 CM SO-rd Vie} H"M ei6e of der awdd hear mart of tn tXOOremi' els stye ro d W esigrtttrioa air an x4adud be at kW a aytraat is ,yore m else hack apPCiat a caa,s. dw tmind ia.tlo (c) Rseol.boa of mu oom' MW of the ;nW.L S SU& dM VWM corpappeciAift, m `raquterrAM c Okat. entry u (3) Other we" of the xci!~y 01 satisfactory r y m jamorize of ~ranattauttorimrsd Alw% ( do kKsk eotyidrerioo rarisace a.Owwrr kvo}vin; co-e" saw, NNV* ~ or u daPr""n, oarieraar oycramm in tl~it dui is the evaioaiioa *(a loaf eaeiW'S Proposal tfo irhet?JPeunr raga fadlitid. fa order b rwa e~o ' w$) be t4 edsgtaacy ad aretiop of entorcanms Fusel peat a jtviad+C~ to ~s ! • by t ca) advs... the drPartr°crt OuNishes stsnc~es a9 foes etc sttaIl be pay OOMMMWVA. d ~oM ° ~W by WF F in, M' urd• do fdkwirts aite^a dtpwUrARL " salving nuisances mraiaett An oorrtptaimu rttard"f wig ShouWba ` Wivity k"Ir ossF tk.g be i tam wSth,. ~l tak° fjola07. Jt*&Wa604 OfO'S"Stwcrd < within this Pro" kxib L der bet. of racaipL . po<iliry larroJbr• (c) Amerdarw W Caving lxd (2) Aft }huff bk compt~ (a) ~aL ivaaeti ~r+ta„a,. prooedtres For • ~ sha0 be r.sot+t4 or a daaenearove" yd PPka (or (t) Team Cava Stand" Arricla did ' provided towrd Mewfioa wkhiat 30 days atw .4417.70. aciaowkdges 0,A on4.*G "war' regulaliong _ ter &Sp. i1 n~.~bk~ ~(,,re,~ra -teeo:trina taraPw.a ~e r«, she rena;t;.e whet Property designed ad no usenmorr rocedu ' aoeifiaaisa a this poly revom ate in stritabk ac m t. an provide a We a,~,y i.dby der iota, srhtiey. sir . aptrbe eo40M i n 1""' SWD .dequsle mrhod of sews-.& dapoul. rervt of tM dapartrroar s reconuheada07Oa visa be tNityn at a rift m MS. ~k 4471-.74. of 1i0 Th. twrpou this aetia f,&,jOd. Rthasw of lanlfy µ'r`^aetd 'feaa Cihn7 Suosnee _ kro set foAgtts It Statewide tautornt ptocsdh+• _ and }1 L- _ - . P,ojretwr. _ - . - 1! TssRe= 3171 - - • AAopttQ Sectiaat 18, 1919 To t fa the trainini and rettsrrotioe of irsUnus (A) the parsons whO iad (2) t"i application .hall be ac- valid JQa1icat u 66LIUM: 47atparied by the apprOpnsae fee b rd Oat of on-onto SewaSta fan'lW01- a wboection (k) of Shit Wdoa (3) The it6artt Of INS seniors (B) orM sawkifOtNOr boot a (3) ra appltcars than Gsmish t0 assist individaaM 411 W%)a I or SM 44 ~ tovwmnrrd any. evidarroa *(wry trsa+rt credit as deer bed eMpbyM ' Mwisu rrt in the dr ds p foal t,- in apbsecks C) of dts Sacsioa. whoot re- WtanMiOe ~ ir.tmnmiong ti dr adnae- gassed by dr 4 j M, i van• n f toad ergtto araoss fa obtain- (C) man Petition twined r a g ai; t yetisdw (4) The doiiptrtod rapsaoautoavt ttaioirtt (,t1-it eta amid Liar" *4 aappt~ (ts ngwtdbm of Pm" y pritoes fn r tagrind by this ..coon bafon aaittod irtdian at ei eir snsmria fiaTi (D) cos pstsmt bean dr tit" dta rtarritedow. o be" and val sorrtfacoati~ do ddr Sara lam 39 Ot atrlaeni btdM7: (a) Ptsai+edoo& Ike win fare of *A dtit$ft to ietnam dsaw pouawi Ot boom aid dornrsie WoolL (1) an pars" wbo ta)re- (i) Am. appi+r" .ball tabs a ,d written, uroi vedcom saw pwatint QwiS• NOW 64 'j Eaiir~ioi f i0 drys tons" dr M ~~rt . "dam aoeavnbfa is do 8spevsw I At do If ab'ardva dde of tilt aetioti fs prose" waP diaani s. of into dspwfsY4 Y oral atrai- btstai4 Omoout, atati or wptsitr sm. emir . tone Pu+w wio is a do- fain Posy be read on oiabl sk a "a- "o, @"I facility syMar for esattptrtsdea sit' atiwYsttL oset'a gwi6radoa IN w=inrsdws. talon b%Vw is wtitras I by dr dspmt- W Tb mooks oow of Maid, (Z) The pushV Kma for do Y- or is Serenely cooped &M dart is Sauor's slat 094", 00 metier itvlai o Mhff- mittaoisr sbai be 7^ bowvor owly a, sta0 tepsaodor rrgires~ siY in a d ar*mtem. parylVl saWsatitoa *0 be Wmd by do (6) )a addible b 00 wgoisa (3) The tUt of arneisn dspsw mL wm0s of 6w too" a w Wool betssfim • *A be fin ya aid no wbo fads Y SW oon4fr VA. A strO naplaasrf w mLvbw *A wr.a m, dry ens oenotu ~examined" d• gs irmwou wiaN it 11a luaa0ade. of cive 44r• Ad" appeimm ws A be" car a period of 60 lotto fa0switt do tar of eet dies utwata faetpe{sa and be ttapmot- tot b issaw aap+sttad iadi-- *A poaf axnoisrtioo am Perini dw w op"" lea of d1 Olt-611141 stoat" vi~.asa a►aisbia epnse t 4woo atrion to swp fi pr sd3ow iss major bit of lam (4) 1% ee~~ typ~ d beSit eatiwsdee. _ (q ftonow(tti tLa faiiwa of m tbal -sppoW tie tai of JIS Oaatritna- oaatmbbob a dr rppGe dw obeli be )rid (o III as tore w( %ammairw .lase 04AN bee named by Os d~~ far a tsr:tarrt of 12 played visit a sob . local fates- ' iu rarb0Ip" arbor ON.iews r iadd. stools" P rgPtlert•t erpssdrtt WASY `ied~ 4 roi A Qstewn of the otossira bbw a psFulf vidie 12 eaotbs boo *4 saaanta btq'lity taco 1tis r+saViIIII,1INIft V iYrtamttbsra. obeli not be as tgistreerd kwtdkm Carwita tarebna sbaii be der of dw iii d wAsirrtioa. d+s topf;s+ (b) Adtainiterdaa. The depataaa+i sC)P~l, fat toiRbw'Yt of steal ex- ~ r~ WAdw appieatim abort be tatopmeWodor do Wkwitp Pmsr.-* do sore two Of our MO! fr. a~ EVYw fat etiasdons sw l es ad- "asst be sat°1e+ b'b' dry"' sinirand ~d etapm.is.d !h tba drpmt• pcati6ia(m datr~ if d ewe iieadoa tea WAIL q*mwm we ON stfsadfyitK abpliOUS dr toaowbtt ) be w asrtt or by my pavmm datirta W b w ww'"i" for w b "coot vise: V. std admalmisaffing pplacew end times ritewbsd by Oo 6*w- m ,.pia etaw:nti!rtK (A) asistini do &rmcwA h) i. icomms na toad adta eato6id ssrrrtitrstst ON iMIr Voided by~,wa Eusimosiovu ,m be rMily" IOC- ptoatptJy ~6iesfM 0 b eaa1M 60 pmv=% world b to appumd too low darn 30 (Pses W); T~_ days tam Oe aswinatier der. (I) iswattJMM aid fartowal oa• (8) advj*4 toed twisting ad (n Q tiriCafea; roedd it ewiawiot and wakalas Revs' 6 him" MvGc daAK (l) A! ~ shoe be rs-snOWNY W- to jeoposo Ou"PlIeft tho datini Of a roatarP oa Yltt+jdttt WSW 4~ trar+nt'' propata provided by nor f4fs« ngistradon with a ebia to my art le i bot dtpmftrnt tits daparfttsot. pason upon tegoast in 4atlopaq std evdtrtodttt mo+a- r (6) >r aaitirtt nowcht aaaatiea was' (2) Ortly munch slat has lam AMC Ow olVerunart is mccelptle of irrtal)ars sad i tad nprcVWAW"aK d by ab for "$mt atiarl (7) wMvji waiiin{ Oman (D) mi.-`r4 din de ru (S) At ~-swa d+.n be re- (or m6gratim porpos•r, an abucaooial faLtirtt protratns: Rohl to Pon m aurae tioa ceveriat on (3) a ssin sior!& Irwsactfors Of field of or-tiao sewemV disposal. advisory oorrraitttoa mestls+lr, and P0 O'+ o ~ Of alt-ties ' (s) Cartifieates. oaatoetia.el tars. ^i ~ ~aeOA of vxn (9)- sswersts fu~ (I) 4saeea of *"fiatas. (c) bwwZWr Advisory Coawcra (d) ApproodwL (l) The awasicae .boil candst (1) AppTiesoaa fee NOWItiGs ~(A) Upon eatis wwry Will- of seven meow Of Moore: . OW be toads on a suo6ed tors peo.idad it of the ngriai!w ptovw is ws d senior a ttairabia anifiere!1ud1 >x in+><d " rs rto:ates 3ttt - 1 t by the dgwUrnau, owftritcd asere he ctuort k) believe dhs ehegaa againt a rcsistaed irosaGer stay be (a) The insteller shat inform VIAL the dr,Wunortt or iu ards.xirad assn lies 523. (C) Ne ret~am ratios On depruner or any champ in addrara "notsfy the walla by persoed arvice daring dm vary period of the eerrirram. or storied mu7 a Wthw lea known ad. (2) CertiGatea that him e rot Ati evnirxaa expire on Aapst 31 of each drew beak revered within 30 days after the eapi. Year. ration date (Sepuesber 1) with the appropri. 1 (A) or the mss" made w fee ws1 be mnsidad kvdid. A new verew" shat] be obtined by ssba&TL g a (C) An kWalir a stets kM%4er; catifwaa w~71 be iaauad as ip - idwk only and ei saw ep iv* a p" rwith°"s the sppr e ex ter and will not be rarfwMbiL (8) Ow dm deprunma it- '°°ra on the «rai- iamb to aee4" an auffil lriaM of dm r caw dial] rissuance of a owu& ~ w4 mal dock. carr duac a by~moniey ' say k*v id- order. Cob cannot be ud OW des de 1eP°~ k (C) We bar imeteAer has as of few 'OO~d for prymm~t the Perkareveca. of des i"M rn*ity q valve ad prove the tfiaias (4) As, applicant shat pay aG (Z) Reaawal of aatiReaasa. requited lees believe takitg the «a t (3) A(W tti daparotass's aa- or eetsUirbUs a otalieaa ll (A) Ranewai line a as ova unintion of dee drarsw and ids brodler's 1 is sebuctka (W of dtis stag are der Rbsu+L if for department tell has fisema to >rnaatin a fees 9W be made ~abk aard bedew data in a caws for ssty hex 1' is dsparws w a ib ualmrired agent iftai 'aaai- TDH~SP (Tars 1>cparasea of i(nhh time a hearing in accordama With the Ad Oise Sewage Plop ) and are not re. (H) Rsavwi far anon be ra. msiMarati.e proeedvae ad Texas R"mw fedabis. eaived so Ira the 30 days kiowivc dm Art Tans Clig S tasrrnr, Art" 6M.13 s. (6) If do app Goaer don no sub a>piratien clew of dm oaetifieaaa. ad dw deperarser•s foam] howls prooa. Mai to approprima payveant vrith am sew (7) Ross wal appbearka peter. gawn oad In ELI of this tide (ralming to cc bemmend d aarra, do oertifrae dmG dma (4) Upon isrocapoa of a is (n The Mppscatim feefarresis- (A) At Iwo 30 days prior to stdler•s tK+sutaoa a over catifitAw shop trade dui rot be prorated. dva egteadm dam Of des oetirecew do r ex be obtairmd tnW h iAm, appGeadoe b dapamreaat " mart to the n s'kww le- approved by the IrWaHr Advisory Corn. m Registration by bar] im ern- staff a tmawal appiieatiaa thowiMs #a nr}aer described is subeemica (o) of this m4ow wises (optioad} eviraioo data and the fee to is paid. "cam ' r (1) A local govaTur Ad entity W Train's. tma!' Wopt mum arwsen Kiisars6oo P+ah- (8) The &WOMS dam doer atabrshvd by the dd. stsat2 an reeves] depww"w shad (1) Tmorn= used is meat the paueert Under dem cumac to ces, a appGearion a the iralle ngairameta for obuh is or reaming in- local soeeerewaf eaity tom by dm Swibs' M6fiuw A&M be is On-AN mw- debt a vesisaatioa prosrra aiay do so after ~ a^p 6CMciss olwsOWA obesi+i+s appeov&I (roar the depattiewmL (C) The insults shat reMea Need (2) Trair&g credit shed] be (2) A loos] soverrrrtmfd entity sport smandam raoorded the de- dw renewed appOcatios with dm w PWWIML s'i~~ ap pr w ovide in up adated rescater of fee to the dapeusevt by pcwbr Mrtaed kdulku m e~ t up roger or Aar irouir man suocas. ~ departrywa on a My owspiese the eduntio" trinity ~ moaahly bash. (D) Opoa the "hoer t•s us- tram prorided by Os depreeMUN israaory h+tfsjbmast of the mquimvrw for (3) A boat so•eas which emiry reruwal provided in this sanion a uitabia W Eeoaptiam to 6aaae rgisea fi m then mab f differ rererwd caurrae wM be issued by der set j°9rit~evtr- A property owner stall by tia deptrunau. depertasevt m be subpes are ft training and resimrs. (h) Revoeatioe of artirrae 6011 what oaaotstsits, deer- VOIJ08. Fw.rSowy Repairs. An ema. it& of repairig a on-sits eawerw fw94 temy repair may be made so an on.site (l) TM catificvne of as iw.alkr an NOW property. However, the vAho- sewerage facTq prior» obtaining a pamtit shat be mvoked ih nzed agau or the depounerd mew be coa- for such u pair povWiUC taaad prior iD cartruetiar of tM System asks any pemiains mgvireamrw b (1) me repair is made row the (A) Ow C"Gcaw was issued mnae ooatpt NM witty dm deparoaerst'S purpoes of the abuemett of an krdmdiam eaoreaoly a the irotafter obL*,ed the car. aavdads or Pick ansaucdom standards health hatred or rrarrr, tiGaat thrwgh fsassd, deceit, or dvmgh bay estaWWW the awhwind subrrtia;oe of ieeorrod date on hi0a egwa Onditvaa a si rase ineresssee of tr rmevt gudlrrcationr; of five (k) Feet appiicable b der resiatra• or b fapcO~aiat sand pos+an admininerd by dm dWm. RWOL (3) arbaagvaest- tvairxaclon of (8) the irvewla, practicied- fraW and curia or-failed (1) The son ",be as rapers: sttch m i ns a deta$ed desaiption Cars. . jMdganast, or aPPk pi tto oio ur of hiaRWW +er reason" L* of the mraQmds and materials Used in the tt - - b*wWp duties. in the pr{onmasa of hisltmr (A) the eppGeatiom fro-SSO: n'ymt ~ with 14 daysof Ow ~rdKGe PAM. ee d the _ _ - - repair. '(2) When t)m depwuwm.or in (B) the mnswal fee:-f23: -e "mpred Sdakas MY era, l9d9 rerexpet 3473 l SJO1.109. P~mlritS. and kwW r be a vabd exArciss d M apart A A pawn aoatntitt OR o1Taw if cys Uqd wary' the pereoa f600 b r%iata a as irtalfat Iswad F Ausdk Tare, a" j* 1% Ign. wi b Lhe dspaaftart of an edmti=d agaf1L Tttp4aewn4 ~e~aq A ~aiam YD 1 (b) A psmaes .scram a oQau if &PAs' Ceaesasabw I tha passes baprts OwAmodem. eisaaoosL Tr i SWAM repair. at anaeina 41 a 0es4ile so- a 1laalsf facildy owmad by mbar passes baba tha Ellecom 4116; saoasatbw 1. MW owner of the symm obraw a ♦aad pwmk for oaesaretiasti aYaatia% "pw. Of GRAN- Sian of dw **sibs aawnp (amity in ria F+r Mrow idmerial p%m Get Iatioaf7.etT.RrCmiSuaur,A"4171. (512)458-7293 7a (a) Aa Owr eaotntir a eCass d the Owner bogW cc taetraer des tonsttroo. tim sheradaL rapeir, or awaim of a o"iir wwrye fmTq prig in ebeebdnd a Tara permit jet oaessa.,a. L wund aL a- FSr. a aseesrioes of *A awtrY 0640 Swarm 7 in tiowest *(Tom Civil Swaim Ar" 4477.7e, 17. . (d) An oQes - under Taal 04 S"Oss. Ankle 4M.7e Is a mLda oww I pnnis "by a Ira. of net btr *0 SSt) or E Nom d= S Aft If it is A"% OR *A VQ i *(the dafandaitt dill dna defNdar bee ptt vk"7 bar oonricsod of a offa m wrier this U 60K he abaY be pnaI I by a rm of mt Am dtan S12S nor morn dnr SSOt), by owfiaaesan ba }7 he mt wom dm one ~ mark at by boti Rani dry of a owAkmbq vkzadm is a nperato oRora The dspaaa- err a ardsoriaed "m M' bin Asir ter iryamdm a pa. rrr a rsstreit a rioieaiaes d rhie saabn ere Tate Civil Stamm, kads 4177.7a (f) As ammamp" rapdo mwe so in a"-rro Am was ficaky wWnoa p4rNa a ptsrided by IMmot of this tide (mlatiq to Adrtekdwwl•e Rgrbaaresfra for On Sir ` twoSewers" pae+7eiae) is Am an affim Grier mcdm adopted bow mdawad *w cam w 14 TesRm 3171 Jr!► !d, 19d9 TtSa Rtttster • II . D L LR, , 015 CONTRACT AGREEMENT 16 RE CITY Of OEMT STATE OF TEXAS cay MAW ' COUNTY OP DENTON THIS AGREEMENT, made and entered into this 16 day of _ July 19 91, by and between The City cf Denton and State cf Texas, acting through i7 a of the County of Denton thereunto duly authorized so to do, Llo d V. Harrell hereinafter termed 'OWNER,' and Betz 1725 E. Southlake Blvd. 0 somth of the City cf soutblak , County of and State of 'texas , hereinafter termed 'CONTRACTOR.' WITNESSETf3: That for and in consideration of the payments and agreements hereinafter mentioned, to be wade and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR , hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 11211 - HATER CONSULTING SERVICES AND CHEKICAL SUPPLY. and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) o engu rpop nt cotes $d expense to furnish all materials, supplies, machinery, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, Special accordance with all the General Conditions of the Agreemental the Instructions to Conditions, the Notice to Bidders (Advertisement for Bids), c Bidders, and the Performance and Payment Bonds, all attached he bluepr for and and accordance with-the plans, which includes all maps, plats, CA-1 0119s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared 1o ELECTRIC PRODUCTION all of which ace re-de a part hereof and c)llectively evidence and constitute the entire contract. Inde indent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social sec other City vacation or sick employee benefit. leave benefits, worker's compensation, or any employee of any City shall not have supervision and rstood thatCont Conti ctor shall perform the Contractor, and is expressly Manager tof tthe City hof Denton, cTexas, or hise designee directio °ofe the eer city according direction under this agreement. Indemnification Contractor shall and does hereby agree to indemnify an tyh old ha any mless kind the City of Denton from any and all Banat tot tTird persons occasioned by any whatsoever, by reason of injury to property o agents, for Contractor# it ist legally ens, error, liable, with omission or negligent a of ost employees, invitees, and other persons will# aa ex to edefend performance Denton against any and at it all its c such I ~ pe claims am demands. , Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to cotmence work on or after the da:d ~orxnence subject to established for the start of work as set forth in written notice to Propo work and complete all work within the time stated in and Special sal, subject t such extensions of time as are provided by t The CW(NER agrees to pay the CONTRACTOR in current t funds thAr, pr, c or prices shown in the Proposal, which forms a part of s payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s IN WITNESS WHEEXOP, the patties of these presents have executed this agreement in the year and day first above written. ATTEST: ' CITY OF DENTON _ OWNER r i By I (SEAL) T: L BETZ AM AA CONTRACTOR l ' By /Tfftle (SEAL) AP VED AS FORMS NON v~+ a tT DW M. KAISER Kokan Public orn STATE OF 1EW yj ~qam Ezp,12d492 7 4J~ I CA-3 011+s ~S c vil CONSULTANT'S PROGRA4l COST BOILER SYSTEMS COST ion Recommendations O 1 Boller concentration of concentration O a• ;4aximum c. concentration ±iinimum cycles of cycles of coacentratb, recommendation rage c. sve cost c cYalculation on ave• * Base cos ~ c x I~oo~ oxygen owE Z O scavenger descrip tion ° 41 11: I feedwater 1 a, Consultant s tion oxygen xni~ edwa ter b, Generic descrequired Per 1 pPM c, PP'S Product uired per I PPM residual sidual, 3.1 d, PPM Product aeeer of age product r (see e, Recommended f, Cost per pound 3• Scale Inhibitors description a• Consultant lion feedwater ~J descrip 1 PM T A, hardness in in feedw ater b. G enere required Per P 1 pm residual c• PPM req required per P d. residuag,3.1 PpM product average boiler s e Recommended of Product l ee II• f, Cost Pcr P J~L3~ 1 Organi <Lti-'. ,~o.Y1 sant ion ~n rf~ l~ t c DisPerIs descript Mon e a, Consultant tion ? Ghntratio J +iJer descrip ~.ater c b• Generic age bol. 1,ee II B 3.} 1 Recommended aver oduct C. Cost per Pound of pr d• Cost p I OZ 13~~ 3, ,lkalinitY kdjustde t iption, ~ L ~owt. LI+s ' 1301 P s escr a, Consultant lion .1_alkaiinit}' 1 PPOg` raise b Generic descrip !0 .'7 y C, PPM product required to i itJ11JZZ 1 ! average boiler II.B.3.IT d Recommended of prod,-'It (se . e _ e, Cost Per P j~}9S F, i Z Q f.R-t, tralizing Amine lion g Neu descrip ~ S a, Consultant's lion Ph Z pZ b. Generic descriP Conde o to of Product (see II•B.3. C. Recommended average Cost Per Pound d. lming mine tion a Fi Consultant's descrip a. description b 3 1 , Generic the steam a C. Recommended ?P lsee II• d• Cost Per Pound -12- # 1211 Er-E m, c' 3, Resin Care tion of Program ~R ~ySS - a Type and descriP b, Cost of Program Ly 5 ~ Fuel Oil Care I&I s D S SSP~(t ~ 9. rogr m a. Tvpe and descriPtlggOn ° p a~ - _ (03 Z- 00; G b. Cost of program :-1512 v Cooling Water Treatment 4aWE~ciaL 3Zap 10. auciliar, 14 f a, Consultant's deonptlo b. Generic descro ti Pound p^r 1000 gallons C. Recommendedof Product (See II-B-3.1 ' d. Cost per pound STEM COST g, COOLING Sy 1, Circulating Water Concentration Recommendation cles of concentration s- a. Maximum cy. i , Minimum cycles of concentration b entration C. average cycles of cono Avg, Recommendation * Base Cost Calculation on avg GOA 07 Scale Inhibitor $~-)(,T I. cription ewaRt-~a~ a, Consultanis des wat S Zf~ b, Generic description ° ppM of product required in the circulating ` ound of product ISee II.B.3.1 d, Cost per p T L E ti 0 3, Corrosion Inhibitor l a, Consultant's descriPtio~ ` e4 $ red cng water i b, Generic description in the cir ulati ~ 9 pD► C ppM of product reqwiroduct (See 11- .3.) d. Cost per P°aof p e. eKP°~ted Dispersant 4. Consultant's description •Sa ~ a. water b. Generic description w the circulating , in (See II.B.3.1 C. PP>S °fPrOnd of product d, Cost Pepou { S % GtK Ph Control su f~ LO Pn a, Consultant's descrlpT~ s water b. Generic description C~ °f circulating 1 PPM to reduce M-alkalinity c, Recommeproducterequiredlt y d. PPM of P roduct (See II.B.3.1 pro e• Cost per pound of 1 k -i3- ~ BID #1211 1 i" v } L~ ` GNt i►~ a4~s Biocide a , descriptionue, wL4f r~~ a, Co nsultant s allons os' slb b. Generic descript!:" lb c. Recommended do"- rate in s/1000 B circulating er week Number of applications I e, Cost per Pound of product {See II.B.3.1 Biocide 8 .-0G description a, Consultant's tion gallons of 04 b. Generic descripQe rate in bs/1000 ~ c Recommended doss, } f~ circulating hater M I cations per (See 2.' 9- d, dumber of cueldi of produ ctct (Ssee II,B.3•} Pound e. Cost per g Towel LaY-UP ion of program ~3SS~l~-r a. Type of descript PR~Aw~- b• Cost of program ?I, SCOPE OF C, CONSULTING SERVICES f 1 annual cost for services as out in Part I SUPPLY (See II.9.3') repre 2, any other cost not sented in this proposal specifically for consultant's program that consultant deems necessarY (See ITEM, D. AMENDED PRICING ADJUSTMENT PER II.B.3. I quotation allowed under iI.B•3 ( 1 pricing adjustments to firm 4 rovided under II.B•4 s to contract extension p product quotation ; of base p quoted prior shall not exceed the amount {1st) Year e:aens by consultant's first ion multiplied b. 6 percent. adjustment of ustment to firm quotation allowed under II. ricing adj rovided under II•B•4 ' roduct quotation pricing of P quoted prior to contract extension P on year shall not exceed the amount soultPant's second (2nd) multiplied bY con percent. extension of uotation allowed under IIBB3', . pricing adjustment to firm 9 uotation pricing of 3 quoted prior to contract extofprooduc qu t ar rd} shall not exceed th consultant's th pierrd e amount o ce(3nt. VII.D,2, multiplied by extension adjustment of--~- -14- l BID #1211 ISSUE DATE 0A*-A'DDNY) 9/18/9 F25 CERTIFICATE OF INSURANCE --6NLY 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORATATI01 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOADEO BY THE POLI DER 6 ALEXANDER INC. blic Ledger Building COMPANIES AFFORDING COVERAGE 1 Philadelphia, PA 19106 CDLPANY National Union Fire Ins. Co. LETTER A of Pittsburgh,. PA corAPANY S LEI ;ER ` INSURED BETZ LABORATORIES, INC. LE7TERrvC ET TFR _ S Subsidiary COTnpanies coeaYD 4636 SOmerton Road LE,TER - Trevose, p& 19047 cawAr+r E LEITER COVERAGES A DOCUMENT WITH RESPECT TO WHICH THIS THIS IS TO Cf0.TIFY THAT THE POLICIES OF INSURANCE USTEO BELOY' HAYS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER.OO DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. INDICATED. NOTWITHSTANDING ANY REQUIREMENT, THE TINSVRANCE ERM OR CONOC ION AFFORDED OF BY ANY THE CONTRACT POLICIES OR OTHE LIMITS SHOWN MAf. HAVE BEEN RED j CERTIFICATE MAY BE LSSUED OR MAY PERF ro ~u~ DATE pArNpprrh QED BY PAID CLA1M5. I EXC_LUSIOHS AND CONORIUNS OF SUCH POLICIES. T - - cv"Y EFFECTIVE POLICY EXPIRAION LIMITS CO TYPE OF INSURANCE DATE (MWDDlYY) TR GENERAL AGGREGATE $2,02Z,.0m0 GENERAL LIABNJTY PRONUCTSCOM?lCP AGO. S I, 003"Oe0 COMMERC'AL GENERAL LIABNITY 7! 1 / 91 7/1/92 {PERSONAL S ADM. DUURY S 1 T y(i}T, 0410. A 1MANSMADEX 'Occuk RMOL3252849 EACHoccuRPENCE S 1, 000, 0/}00 { j 'OWNER'S S CONTRACTOR'S PROT. RKGL3252648 (TX) FINE DAMAGE (AnTOn, in) S rj0, r10Z MED. EXpeim N~+1' w DaT~n) S COMBNED SINGLE AuroroEU wuLITY LWT E 1, 000, 020 RKCA1427787 7/1191 7/i/92 A x 'NJY AUTO BOOILYIWURY S `AIL OWNED AUTOS RMCA1427788 (NJ, VA, HI) ar,m, . SCHEDULED AUTOS RKCATX1427786 (TX) BODILY INJURY t J MIRED AUTOS (P" &w-64r,') ,pNgWNED AUTOS ~I III PROPERTY DAMAGE .S GARAGE 11A8 LITY FACH OCCUOENCE E5, 000, 000,j EXCESS LU Y AGGRLGATE E5 ,7/1/91 711192 80363 BE30 - A X STATUTORY uu T; I 30-- ,.000 OTHER THAN UMBRELLA FORM RIIWC1232174 7/1/91 7/1/92 X WORXER'A COMPENSATION RKWC1232173 (AZ ID, VA, MD, OR) pEACH AJSEC_CIPaDENTCY LMIT s 1, Coo, 000.1 > 1, 000, 000 A AND R-AWC1232170 (CA) D',SEASE-EACH EMPLOYEE E 'r, ` EMPLOYERS' w61LITV W O 7 ( l riC R?IWC1232171 (TX) t I S1, 000, 000 SIR gN OP OPEMTWMS'L OCATIDNLYENIDLt WECIAL ITEMS R; CITY OF DENTON IS NAMED ADDITIONAL INSURED CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED FOLtCISS BE CANCELLED BEFORE H k CITY OF DENTON EXPIRATION DATE THEREOF, TIE ISSUING CCpl PANY WILL ENDEAVOR TO 1 901 B TEXAS STREET MAIL _30 DAYS WRITTEN' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE DENTON TX T6203 LEFT, BUT FAILURE TO !RAIL SUCH NOTICE SHALL ILIPOSE NO OBOGATION OR LtA61ITY OF ANY RIND UPON THE COMPANY, ITS AGENTS OA FEPRESENTATIVES. AUTOO RIZEO R(PREScNTATIYE ATTNE MELANIE HARDFN A;IDEF S ALEXANDER TIC. ALEX A.OOPJ 25, , (1190) I 1 INSURANCc MINIIdUM REQUiREME.4'rs INSURANCE: _ r Without limiting any of the-other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the material has the contracted work Owner, ominimum/insurance and accepted by coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed uctionh work Purchasing Department prior to starting any constr or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of-the project should be indicated, and the City of Denton should also ' be listed on all policies as an additional named insured. To i avoid any undue delays, it is worth reiterating that: I o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. 1. WORKMEN`S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also he protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of_a workmen's compensation law. The liability limits shall not be less than: 4 o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance ect hthe be written in comprehensive form and shall p. Contractor against all claims for injuries t memberfrof the public and damage to property of others use, t~e us of hetherethey are owned, nonowned,corshired. highway w The liability limits shall not be less than: o A combined single limit of $500,000.00,_ . This insurance shall be III. COMPREHENSIVE GENERAL LIABILITY. written in comprehensive form and shalom i tect the ries to Contractor against all claims arising ju others members of the public or damage to property arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 To she extent the Contractor's w4or s r ryork u ions, his direction, may require blasting, P underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blastinge explosion, collapse of buildings, or damags to underground property, The liability limits shall not be less than: o A combined single limit of $5001000.40 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for theofow Penton and for employees, in the name of the City out of the work liability that may be imposed. arising o being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts Coinsurance is ntractor is strictly benefit responsible for of t~ie owner, Agh he this of of the Owner expense. obtz.ining it at his J The liability limits shall not be less than: o A combined single limit of $500,__,___,40^00 I INSURANCE SUMMARY: I r operating hazards and during The Contract shall provide itherf ce acili to ty cover operating during the period of placing 1 testing, and until such timthesOwthe ne[ fandl writtenr noticeleofdthat accepted for operation by Approval of the insurance by fact has been issued by the Owner. the owner shall not in any way relieve or decrease the liabilite ood of the Contractor hereunder. t as eps sent ethatsthe specified limits of l owner iabi does not in any way ruff to protect°theointerest orplilbilities ofethe Contractor. adequate to grte Again, the Owner shall be given a certificate o inssurance indicating that all of the above policies and the app P limits ace indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written or material change mof tot n-r Allaresponsibility for corridor or required insurance coverage. deductible provisiors, co es shall any notice sums of resulting fration,om no anY Of self-insured retention conditions of the policy remain with the Contractor. The Contractor shall not begin any owner has reviewed and approved the insurance work until the certificates and so notified 0e Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the owner. CI - 2 j Naive and Addres: of Agency City of Denton Reference: Protect Name: Project No: Phone Project Location: Managing Dept: lame and Address of Insured: Companies Affording Coverage: A B Phase C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this tim t) The city of Denton is listed as an additional !nsured as to all applicable coverage. company Expiration limits of liability Letter' Type of Insurance Policy Number mate In Thousands 000 Comprehensive General Liability Occurren - Occurrence S - Claims Made (see a4-Page C14) Bodily injury Broad Form to Include: Property Damage $ - Premises/Operations - Independent Contractors - Products/Cocryleted Operations Bodily injury and Property Damage Combined S - ContractualjLlability(see 03-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor,Liabiitty Coverage -.Fire Legal Liability (see 95--Page CI-4) { - Broad Form Property Damage - Professional Errors/Omissions - occurrence - claim made (see 84-Page CI-<) Comprehensive Autoaobile Bodily Injury/Person Liability Bodily Injury/Accident - Owned/Leased Automobiles Property 0wage S - Non-owned Automobiles Hired Automobiles Bodily Injury/Property Damage Combined S - workers' Compensation and Statutory Anount Employers' liability each accident owners, Protective Liability S Other insurance Description oT Operations/Locations/Vehicles. Each policy shell require thirty (30) days notice of caaceilation, non-renewal, or material change in coverage. (See e2, Page CI-4). i Name and address of Certificate Holder. UAIL ` J5 CITY Of DENTON, TEXAS PUW ASING AGENT 901_3 TEXAS ST A11:iGR1~ED FEPRESF_NfhT1Vc . DEMON, TEXAS 162D1 SEE OfF11111104S V P!::: C1 4 P.TTACUU. - DEFINITIONS 1 Of Dentonr its elected and • The City o (This does 1• ADDITIONAL INSURED. and employees' officers appointed officials, not apply to worker's Coutipensation•) shall require that' i Each policy non-renewal, or 2, NOTICE OF CANCELpriorI: thirty (30) days pror to the cancellation, is in coverage, a noticIfththe°fpolicyl b ' any material change certified mail. only ten (10) days given to owner of premium cancelled for non-payment required. written notice to owner is by contract or Liability assumed The contractual 3, CUNTRAC`YURAL COVERAGE: (otherwise exist.) side of this and would not on the reverse General agreement, CeQuicement shown comprehensive liability of insurance under of coverage broad certificate a definition the Liability, must include a for obligations assumed by provide coverag This Certificate of enough to •governing contract. contractor-in the required nced con tract. Insurance is provided as equired by the will period of coverage Requited Continuous following formula: year (to MADE POLICY FORM: contract, Plus one 4• CLAIMS y be determined by the of the eriod) , and a extended coverage for the liEethe warranty of p five ( ears which for 5} Y provide coverage for a minimum period. ' discovery Period the warranty p shall begin at the end of contracts that (Required in all of construction or alteration 5, FIRE LEGAL LIABILITY' tnsucance is to cover involve the occupancy, permanently eased Eacilitieeppiicahle} and Pdamage to City-owned oc l where to Pr building operty s, contents with respect if such damage is installed equiPQ,ant w of structures operations of or Portions and due to the a minimum of structures the peril of fire is to be ' caused by Limit of liability the contractor. authorities, $500,000. all and shall include term owner divisions, departments, 6. OWNER: The emPloYeesr commissions and/or boards, bureaus, i of the owners r and n oiEf icial m capacities r off ices o thereof in their on behalf of the owner. and agents while acting ' CI - 4 l 3 r' 1 .1 1 , LICENSE AGREEMENT BEI'VEEN THE CITY OF DENTON ANO BMLETT DISPOSAL SERVICE 1. GRANT For and in consideration of compliance by Barnett Disposal Service, j hereinafter called the "L4CENSEE", with the conditions set forth in th s Agreementp and the ordinances and regulations of the City governing the I the CITY hereby grants to Robbie Susan Mills collection of solid waste, business as Barnett Disposal Service, Post h and James R. Mills, doing a license to use the Public Office Box 263, Argyle, Texas 76226, , the alleys and thoroughfares within thetbusinessrof co liecting and streets, of engaging disY for the purpose of garbage, trash, rubbish, and solid waste from any pe152o-4 sposi as provided 3 y Sec as to Chapter 12 of the Denton Code of rdifml se of the City. and Sec, 12-24, from locations within the corporate It. TERM The term of this Agreement shall be for a period commencing upon the' 1st day of JamwrY, 1'9"', and continuing through the 31st day of December, s 1991. NON-WAIVER OF POWERS the relinquishment or This Agreement shall not be taken o or heelotliertreasonable req l erwnt s or waiver by the CITY of its Active the right to (mks secure in the most regulations, and the CITY hereby expresosrYPr oper r to L ion of the Public Inclu all regulations which ^awe~ are eandaacco m oda force regulations p d- angle manner the safety, tic from ing, among other things, the right to adopt and , general welfare a` of the garbage and ' protect and prorate the health and management and ope lad danger and inconvenience In the mana solid waste collections, and to provide such service as is contemp by this Agreement. IV. SCOPE ANU NATURE OF OPERATION It is expressly agreed and understood that the LICENSEE shall use e a shall, all g at Its own suitable containers to colss ecdt ~nd~EEver LICENSEE disposal garbage and solid soled waste removed by expense, furnish personnel and equ{a~nc to collect ` -1- 152/121399054/1 .1 . r r • LICENSEE will establish and maintain in an customers. manner such scheduled routes and sPel waste from lness-like sold waste service require efficient and business necessary to fulfill the schedules as may located within the City' ments of account V • S RULES PAID REGULATION reasonable rules and regulations as The City Manager may i")ose all a license under this article ano as A. a condition precedent to Issuing valldity• The City Manager governing the LYPe of a condition subsequent to,y withlregulat e~ pickups per week require LICENSEE to cow collection, said collection, and vehicle to be used in rt1n9 d, method and route for transporting of t of rucks. the Such m ate disposal locations and to the approval OILY require t LICENSEE approp u}ations shall be subleo rules and res, be transmitted to LICENSEE In writing. CouMil and with such rules and regulations y,;thln ten (10) days of shall comply regulations. 1 receipt of the rules and rcial or industrial f not discontinue service to a f~ing the container. g, LICENSEE may nt without first Enforcement custoTer for non-,>aY the City of Denton C ' LICENSEE agrees to notify Division upon removal of container for nothe locations of its solid y basis for the Purpose C. LICENSEE shall furnish CITY a list of the to assist the he photcmet ria quarterl r and debris custorers i ' in the City waste updating the City s c index information and provide Enforcement Division i n ha sn dll^ litter and City is Code Code of ordinance. March 1, :991• violations of the City later than the CITY with the first list not of large items Placed for timely collection authorize collectlrn• D. LICENSEE shall as by contacting custcmer to beside contalners by not authorize collection, LICENSEE beinsthe event the customer does i will notify the City of Denton code Enforcement oivision. V1. PAYMENTS The LICENSEE shall be responsible for billing accounts and collecting s. payments from customer - V11. LICENSE FEE } icense granted In Section I hereof, LICENSEE In consideration of the at the office of the Executive Director of shall pay to the CITY, I 2 - I I IS2/121390050/2 i r Finance, In lawful money of the United States, eight percent (9%) of Its gross recelpts measured by the solid waste collection service fees and revenues collected and other income from any source derived from the operation of the solid waste collection service within the corporate i limits of the City of Denton. LICENSEE shall remit this Ilcense fee monthly on or before the twentieth (20th) of each month based upon the revenues collected during the previous month. Revenues from the col- lection of commercial or industrial waste material which Is recycled is r 1 not subject to the license fee unless there is greater than ten percent (10%) non-recycled waste In a container. This compensation shall be In Ileu of any other fees or charges Imposed by any other ordinance now or hereinafter enforced during the life hereof, but sh311 not release the LICENSEE from the payment of ad 3 valorem taxes levied, or to be Levied, on property it owns, or fees for i using the City's landfill. i The books and records of LICENSEE shall be open at reasonable times for inspection by the City Manager or his designee in accordance with the terms of this license agreement. VIII. VEHICLE IDENTIFICATION ` The LICENSEE shall provide the City with a list of vehicles which it operates and the make, model and body style of each vehicle. LICENSEE shall identify each vehicle by placing clearly legible letters no smeller than qlx Inches (611) on each vehicle identifying the applicant ' by name. j i IX. DISPOSAL OF SOLID WASTE i The LICENSEE agrees to dispose of all solid waste collected within the City at a sanitary landfill site approved by the State of Texas. The CITY reserves the right to designate a specific landfill site to be used by the LICENSEE at any time during the term of this Agreement. X. TERMINATION If at any time LICENSEE fails to perform any of the terms or conditions herein set forth, CITY may, after a hearing as described herein, revoke and cancel the license given In 5ectlon I hereof and this Agreement shall be null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the LICENSEE by registered or certified mall addressed :o the LICENSEE at the address shown on the record of CITY, or personally delivered to I~ -3- 152/121390050/3 i• i LICENSEE, and a period of at least ten (10) days has elapsed since the mailing or delivery of such notice. The notice shall specify the tlrre and place of the hearing and shall Include the reasons for revocatlon of such license. The hearing shall be conducted by the City Manager of the full asn are set given and to be legations present out City and themIan anSEE swer suchl charges allowed opportunity against him In the notice. If, after the hearing is concluded, the City Manager shall determine that the charges and allegations set forth In this notice are affirmed by the facts presented by the hearing, the CITY may revoke and cancel this agreement and the license, and the same shall be null and void. XI. BOOKS AND RECORDS I The LICENSEE shall maintain a separate set of records in a form suffl- clent to identify Its revenues and expenses Involved in collection and , disposal of garbage and solid waste within the corporate limits of the City of Denton which shall separate the accounting records of the Denton operation from Its other operations. r The CITY may, at any time, cause an audit, either formal or informal, to be made of the portion of LICENSEE's books and records representing its f Denton operation or any portion of any of Its other operations which may be allocated or charged to the Denton operation. Any additional amount due CITY as a result of such audit shall be paid within thirty (30) days following written notice to LICENSEE from the CITY. XII. INDEMNIFICATION; INSURANCE The LICENSEE assumes risk of loss or Injury to property or persons s arising from any of its operations under this Agreement, and agrees to Indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys fees, arising from any such loss or Injury. It is expressly carry Insurance LIoCENSEE.~ provision- The I LICENSEE aIagrees ( to any liability d of d the the during the entire term of this Agreement as follows: a. Worker's Co7pensatlon Insurance covering all employees of the LICENSEE engaged in any operation covered by this Agreement. b. Automobile and Public Liability Insurance In amounts not less than $500,000 per occurrence. Such policies of Insurance shall be Issued by companies authorized to conduct business in the State of Texas, and shall name CITY as an - 4 - IS2/121390050/4 i. ~ i - 2 additional insured and shall insure CITY In the sane general terms and \1 to the same general effect as the foregoing Agreement of the LICENSEE to indemnify and hold harmless CITY, and certificates evidencing such Insurance contracts shall be deposited with CITY. XIII. ASSIGNMENT No assignment of this Agreement or any right occurring under It shall be ' made in•whole or In part by LICENSEE without the express written consent of CITY. In the event of any assignment, the assignee shall assume the ilability of LICENSEE hereunder. XIV. BANKRUPTCY This Agreement shall terminate in the case of bankruptcy, voluntary or Involuntary, or insolvency of the LICENSEE. In the case of bankruptcy, such termination shall take effect on the day and at the time the bankruptcy is filed. XV RIGHT TO REQUIRE PERFOW-WX E f ' The failure of CITY at any time to require performance by LICENSEE of ` any provisions herecf shall in no way affect the rights of the CITY r thereafter to enforce the same. Any waiver by the CITY of any breach of h any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision Itself. j XV1. MISCELLANEOUS , A. IF any provision of this Agreement shall be declared Illegal, void or unenforceable, the other provisions shall not be affected and shall raTUin in full force and effect. S. The effective date of this Agreement shall be on January 1, 1991. C. Ali notices given pursuant to this Agreement shall be deemed suffl- clent, if given In writing and delivered on a business day during normal business hours, and deemed delivered on the second business day after dispatch if sent by first class mall, certifled, return receipt requested, addressed as follows: - 5 - 152/121390050/5 r t` ' l ~ C r i r LICENSEE: CITY: City of Denton Barnett Disposal Service City Manager Robbie Susan Mills post office Box 263 215 East McKinney Argyle, Texas 16241 Texas 76226 V ~ 19~. EX15CUTED this day of CITY of ENTON / TTEST: f r s ~W a Ll Yd Harrell S retarY City Manager y 1 ~ F LICENS F:j~r✓ ~1c t ATTEST, w i Ry le Susa ills and i .10 James R. Mills, i doing business as ' Barnett Disposal Service r i i a i t -6- 1S2/121390050/6 t ' w A l h 6ASIK II AGREEME r IN DETMEC TYOF DENT O' AND B.AS~ •C- BETwEEN T a Municipal Rome Rule City situated in The City of Denton, Texas, Denton County, Texas, hereinafter called "City", acting herein by as t Slows: hereinafter called and through its City Manager and Contractor, hereby mutually agree City hereby retains Contractor 1 Tnca TpBF4Q' services perform the hereinafter design t~sand Contractor agrees to perform the following service: Conduct a two day training seminar for em- ployees regarding Sensitivity for Citizen Relations on the following dates: June 5 and 6, 1991, from 8:00 a.m. to 5:00 p.m. CONMB: city agrees to pay 2. rformed hereunder as follows: th e eQ' T Q services ~ BE pePAS Contractor for s A. Amount of Payment for Services: for the two-day j Five Thousand Dollars ($5,000) session, plus expenses for travel, hotel and meals for the two day duration, based up of to voices or receipts presented to Etyp exceed Two Thousand Dollars ($2p B. Dates of Payment: 15 days a ~ Payment to be made within fifteen Sensitivity after completion of the two day S for Citizens Relations Training program. under- n sPr4VTCT[1N AND ""ten °"T BY CITY.: It is mutually 3. and Contractor that Contractor stood and agreed by and between City is an all not be deemed to be or shal independent contractor and of the City of Denton, Texas for the purposes of income d an employee social security taxes, vacation or sick compensation, or, any other city employee leave, ncome beneftaxit,:;, w worker's withholding, benefit. The city shall have supervision and control of Contractor and any employe of Contractor while on city pr exQressly understood that Contractor shall perform the services hereunder at the directicl of and to the satisfaction of the City { Manager of the City of Deleon or his designee under this agreement. I A - ~t t ments to Contractor under this DS: All pay iated by the 4. enz'u OF FSiL- from funds agreement are to be paid appropr in the Budget of the City of D,n.cn. City council for such purPoses cost and de at its own 5. yNS~ r CE; Contractor shall PrOixabil ty insurance, worker and 's compensation insurance, era- expense, to protect contractor in the op all other insurance necessary tion of Contractor's business. agree ! Contractor shall and does hereby runFMNIFICA QF: a"~ n harmless the City of Denton from any on and of al in to indemnify of any kind whatsoever, by reas - I damages, loss or liability sons to the extent directly and proxi- jury or property or third per ent act of Contrac- the error, omission or vitees ersons mately caused by emptoo ees, invitees, and other persons its officers, agents, the courso of the performance dif for whom it is legal]y liable, at its cost and exp this agreement, and Control Dentonlagainst any and all such fend claims and protect the City and demands. ht to 7, C&N_C.U.ATION City or Contractor reserves the rig cancel this Agreement at any time by giving the other party four- teen (14) days written notice of its intention to cancel this Agreement. reement shall commence on he mcnM of CONTR6~: This Ag ro etct. of March, 1991, and end upon the completion of the p j 1st day 1991. PASSED AND APPROVED this the day of LJ LM V. L-Z-ILt CIT MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY v BY: APPROVED AS To LEGAL FO CITY RM'ATTORNEY DEBRA A. DRAYOVITCH, BY : QJ 1 PAGE 2 b I r S.A.S.I.C. 9Y . r as the person to Klinak, is hereby designated That the provisions of this agreement ~ administer Z> I I i ; LL, CITY MAKA R ' LWY V• HARRE ` DATE 1 . 1 tii f 1 ~ k t PAGE 3 1 ~1 C p - LU BO N_~T OCT 2 5 RECD tiAViNC ti E~~vk F P CIiY of DEMON Offy ootober 18, 1991 t Mr. Donald L. McLaughAdministrator Electric Engineering City of Denton Municipal Utilities I 901-A Texas Street i Denton, TX 76201 Dear Mr. McLaughlin: you will find Reference your letter of october 16, 1991, enclosed y a copy of the original License Agreement which has been initialed by Mr. Joseph Hevey, Jr. Ver truly you 1 I 4V } Mar a et nta REo nd Department Asset Manager M:4/ dh enclosures I I C:urF.Kair OJjti<s i l t? h1 mikAgp 0 &it E~ktlD illus. T'rms 752%~,5-NLV (2141443 ANXI C i f Z 1142 5E lV2 X85,4 11F86.6a Fri' y [ p n r- L 9 y is _ a' v Nm r S00057'02"W o°< l I o i ~~yf~g~ s 3~ 1 \CV • d i 165 35 , BAIT I j • N 24' aPA y D a P A Ec.,MT 9S?S_ 9S @ 9SQ5- 7 I o 19049 _62 \ 4L99 _ IQ L5 ri7 64 tl1 6?s ~\y ! v i .f ' ~StlA~ YQ 311 /iy\ 3 r~ , ~ rL N N 1 ' y~B 4 81 1 ,rdti1~ ESMT. ! - - 6 I I, , ' c In n " i!,' ~0 41' vl' ;.r MTEMPORARY SERVICE FOR FIRE STATION CONSTRUCT" ~ h 14 + 0-i L4 sp Q R CT. ° L LgANOR Cf : w : M {J J'Lr f V "~Z`J b, nl s' ice' a \\~6' /~?S~\ ; _ _ 557 _ e ~ p J S L - TZ 45. .;84z9i .4~ - I _ _ 2~ C Ilc3 I PA ESMT. t ;'P A ESMT B LOCK r U ~lE O ° 0 ts zr'Q auE SIE iu~2000r 29E 7 0. 8 ITT U:^.i^.\ LSIAI v74E :1,22 3 01°IS,II" 158.86 ; L°224942 S00'S83 E 1 fi 4~ I € TEASLEY LANE 90' R0" i 2fgf s6P EXHIBIT A I LICENSE A REF.MF,NT This LICENSE AGREEMENT (lhc 'License Agrcement') is may and evicted into on this the 27th des of 1991, by snd between Bluctonnct Savings Bank FSB, a federal living b..nk (hcreinatter call 'Licensor'), whose address or purposes hereof is 3100 Monticcilo Avenue, Dallas, Tcxal 75205, and City of Denton Municipal Utilaies (here inafter call 'Licensee'), whose address for purposes hereof is 901•A Texas Street, Denton, Texas 76201. RECITALS: y \ WHEREAS, the Licensor is the ownee of certain real property located = County. Texas, rrxre particularly 1 described in Exhibit 'A' attached hereto and incorporated herein DY rckxoce for all PurPosee (the ' Property'); V 0(- }q) WHEREAS, the Liccrosce from to time desires to enter upon the Property far the Sole purpose of gaining saws to certain adjacent property located in tasty, Texas, owned by Licensee and commonly known as Bent Oaks and more pat*ultdy described oa Exhtbk 'A' attached hereto and incorporated herein by reference for all purposes. NOW, TH ER TORE, for and in considerate , of the rum of Ten and No/100 Dollars ($10.00) and good and vahable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor a.•sd Lieersee hereby agree u follows: 1. GRANT OF s cr I 1 Licuuor hereby grants and demises unto the Licensee the right (the 'License') to enter upon a portion of the Property ^ as bereinaPa set forth for the sole purpose of routing a temporary electrical service for construction across 1W owned by Bluebonnet Savings Bank, FSB and in connection therewith, Licensee may bury a temporary triplex amductor bctween lots 34A A 34B of the property (the 'License Area') for the purposes of providing temporary power for construction of a Fare Ststion. The right herein grLnted to Licensee is limited to those portions of the Licensor's property spocifically u shown on the attached Exhibit 'A'. t If. DURATION I The License granted under the terms and provision of this License Agreement shall (subject to earlier termination as ` expressly ad ;oM herein) remain in effect for a period of one hundred and twenty (1:0) days ('Initial Teem') from the date f of execution hereof, and shall (except to the extent otherwise expressly provided for herein below) thereafter automatically be terminated and be of no further km and effect, and neither Licensor nor Licensee shall have any further rights, obligations or liabr'litics under the terms of this License Agreement, except with respect to the Ldcmities (hereinafter defined) and other provisions of section vi which shall expressly survive the expiration and/or wrtnvution of this License Agreement. 111. RIGHTS RESERVE Limaor expressly retains, reserves mod shell continue to enjoy the use of the Property and the License Area for any k and all purposes which do not unreasonably iaterkre with and prevent the use by Licensee of the Licatse Area, including, but not limited to, Licenser's right to we the License Area for drainage ditches, private streets, reads, driveways, alkyl, walks, gardens, lawns, planting, landscaping or parking areas, or for an; ruder development or construction on the Property or License Am which the Licensor, in its sole discretion, shall deem Appropriate. IV. L()N•~CClGaLaAL~ 7his License Agreement and the License granted henehy is persoral to the Licensor, and further, neither this License Agrantent nor the License granted hereby is assignable and any attempt to assign the Lict se shall automatically terminate the License and any and all rights and privilcgcs granted to Licensee under the terms and provisions of this License Agrccmcru. r V. 3F8hI1NA11LE AT WILL This License Agreement is terminable by either pally at will by the giving of actual wztten notice to 04c other party, and Licensor expressly reserves and rcu" the right to revoke the License herein granted, at any time and in its sole discretion. i VI, COND1770NS TO GRANT OF r EME AGREEMENT A. If, in exercising Licensee's rights to cow upon the License Ana for the sole purpose of providing temporary power for conarution of a Fare Station on the adjacent land, Licensee dl =tly or indirectly causes any change, damage or injury to the License Area, the Property, the property appurtenant thereto or any improvemerts located on the License Area, the Property or the property appurtenant thtrcto, Licensee shall, at Licensee's sole cost and expense and within a reasonable time after the exercise of such rights, restore the License Ana, property, and the property appurtenant thereto and/or such repair and restore any improvements now or hereafter installed by Licensor upon the Lin ase Area or Property %inich may be affected, damaged or destroyed by Licensee, its agents, representatives or contractors in connection with Licensee's entry upon the License Ara or Property or any future entry upon the License Area or Property. B. Licenseetcrcby sgrm to indemnify, uvcLW hold Licamrand its successorsand "signs htrmkss of, from and against any and all costs, damages, expenses, claims or liability arising from any actions orAwmaom of Licensee, or its agates, employees or representatives, in effecting the purposes of the License granted herein, a ifically including, but mat OMiSSIiNf' s= 7 TAT- ~ } i i LICENSE AGREEMENT . Page ::mkcd to, ressonabk auorney's fees and cost of suit paid or incurred by Licensor, its successors and assigns. C. Lkensce shall, in the exercise of the rights and privileges herein granted, Isc Licensee's best effort to tninimce intcrknewe with Licenso's retained and reserved use of the License Area or the Property, D. Lii tmm hereby agrees that in its exercise of let rights and privt7cges herein gritted, that Licensee will not dump, dischargt or emit any materials on t>`e License Area, Property, or property appuft or adjacent lherdo, nor shanant t Licensee excavate: or remove any material from the License Area or Property during its caul upon, over or Across the License Area. Notwithstanding anything io the eoritnry contained cbcwkm herein, the inderankles, wRmmtko and covenants contained in Section VI of this License Agrxtnem"be collectively rekrred to as the 'Indannities' and shah expressly survive the termination or revocation of this License Agteerneat. Witness the exocution hereof on this the 27th day of September, 1991. Y UCENSOJU BLUEBONNETS VINGS BANK, FSB a federal savings imink By N 1 N. "7 J - Title: $r. Vice Pf /J UCENSEB: City of Dcruon AFFROY® AS TO PON. CITY OF WON. TEXAS j No 1 T"ak E { r:t. uwsmb c ucurx+aurr Y S LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND BROWNING-FERRIS INDUSTRIES, INC. I. GRANT For and in consideration of compliance by Browing-Ferris Industries, Inc., hereinafter called the "LICENSEE", with the conditions set forth in 'his Agreement, and the ordlnarr:es and regulations of rthe ants City to governing the collection of solid waste, the CITY hereby g l Frowning-l"errls Industries, Inc., a company organized under the laws of loxas with Its principal offtces at 450 E. Cleveland Road, Hutchins, Tevas 75141, a license to use the public streets, alleys and thor;ughfares within the corporate limits of the City for the purpose of engaging In tlk1 business of collecting and disposing of garbage, trash, rubbish, and solid waste from any person, as provided in Chapter 12 of the Denton Code of Ordinances, Sec. 12-23 and Sec. 12-24, from locations within the co-porate limits of the City. II. TERM The term of this Agreement shall be for a period commencing upon the 15t day of January, 1991, and continuing through the 31st day of December, 1991. If. ' NON-WAIVER OF POWERS j This Agreement shall not be taken or held to imply the relinquishment or ' walver by the CITY of Its paver to make other reasonable requirements or regulations, and the CITY hereby expressly reserves the right Co make all regulations which may be necessary or proper to secure In the most ample manner the safety, welfare and accomcdatlon of the public Includ- ing, among other things, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from cogarbage and is of ntemplated solid danger l of l~ectlons, l and s to oorroov9de*such operation by this Agreement. IV. SCOPE AM NATURE OF OPERATION It is expressly agreed and understood that the LICENSEE shall use suitable containers to collect and deliver for disposal all garbage and solid waste removed by said LICENSEE. LICENSEE shall, at its own expense, furnish personnel and equipment to collect garbage and solid waste from customers. LICENSEE will establish and maintain in an 152/1?1390055/1 1 I J \ r such scheduled routes and special efficient and buslness-llke rnanne schedulfsaccaxrtsblonecessary to ful Ill the sold waste service feQUire- of ments V. RULES AND REGULATIONS l5 and as A. The City Manager may irrrao all a lsicense under this articlel a condition precedent to issuing The City Manager may i a condition subsequent tolCO^with t regulations governing the type of require LICENSEE to comp Y rx~er of pickups per week vehicle to be used In collection, rting said collection, and method and route for transpo Such re4ulred, sposal locations and identlflcation of trucks. al of the City rules and regsWsl ns shall be subject to the approv LICENSEE atco appCounciroplriate and dishall be transmitted to LICFNSEE in writing. shall corrrply with such rules arid ulatlons within ten (10) days of receipt of the rules and regulations- rclal or industrial B. LICENSEE may not discontinue service to a remvlr)g the container. I castanet for nOn -payment without first code Enforcement Denton LICENSEE agreeemval of notify container for non-pawent• Division upon C. LICENSEE shall furnish CITY a list of the lccatlons of its solid rly basis for the purpose of waste custcmers in the City on a quarte tanetric index Infon'nation and to assist the updating the City's pho litter and debris City's Code Enfo cer*nt Division In handling ; LICENSEE shall of ies. violations ththe e City lost notOlaternthan ma ch 10 1991. provide th first + the CITY authortze large ItieTis placed J LICENSEE shall arrange for timelYcollection p, beside containers by contacting custaer LICENSEE i In the event ize col will notify the the sOf Derntodoes n CodetEnforcrement Divlision' Vi. PAYMENTS The LILL'iSEE shall be responsible for bIl1irx} accounts and collec.ting payments r ,m customers. VII. LICENSE FEE In consideration of he license granted in Section I hereof, LICENSEE f the Executive pay to the Cltlj at the office oDirector of Finance, in lawful money of the United States, eight percent CBA) of its - 2 - I 1$21121390055/2 . 1 J \ 1 lection 3ervlc0 fees and gross receipts measured by the 5011d wasatme anY1source derived from the revenues collected and other income waste lecion servi win fee 1 nta~. coLltE sFallcremiththishllcensper operati on itCltYoo dDe tole Revenuet s from tupon limits of sed revenue on or before the tthe eviousthmo) of nth each I waste material which 1s recycled Is revenues collected during realer than ten percent lecttor of corsrrzrclal or industria not subject toYxistes4nfaeconunless tainerhere 1s g (10%) non-recycled This compensation shall be In lieu of any other fees or charges /apes by any other ordievance nav or hereinafter enforced during the life ow s, fees for hereof, but shall orrCae elevied,Ion propertym it n nt of life valorem taxes levied, I using the City's landfill- The books and records of LICENSEE shall be open at reasonable times for inspection by the City Manager or his designee in accordance with the terms of this license agreement. YIl[. ~ VEHICLE IDENTIFICATION The LICENSEE s hal with a list of vehicles which It 1 provide the city each vehicle. LICENSEE i I shall es Sdand the make, model and l body acing style o f clearly legible letters no placing shall am s each vehicle by smaller than six inches (611) on each vehicle identifying the app by name. IX. DISPOSAL OF SOLID WASTE ect ~ The LICENSEE agrees to dispose of all solid waste late of Texas~n Tthe he , Cite at a sanitary landfill site approved by the I "fill site CITY reserves the right to designaethe termlofcthis Agreement to be used by tho LICENSEE at any time during X. TERMINATION ions time LICENSEE fails to perform any of the terms or conditions if at any CITY may, after a hearing as described hereln,r~nt herein set forth, and cancel the license given hearing iD erequisite to suchs revocation shall be null and void. The has been given to the shall not be held until notice of such hearing EE at LICENSEE by registered or certified mail addressed otto t edLIEEe ed to the address shown on the record of CITY, LICENSEE, and a period of at least ten (10) days has elapsed since the 3 - 152/121390955/3 J 1 mailing or delivery of such notice. The notice shall specify the time 1 and place of the hearing and shall include the reasons for revocation of 111 such license. The hearlm) shall i.~p conducted by the City Manager of the City and the LICENSEE shall be allowed to be present and given full opportLnity to answer such charges and allegations as are set out against him In the notice. If, after the hearing is concluded, the City Manager s,iall determine that the charges and allegations set forth in and presented the same e CITY cense,1e and hearing, this notice and affi ancel this y agthe reement facts may r shall be null and void. XI. BOOKS AM RECORDS The LICENSEE shall maintain a separate set of records In a form suffl- clent to identify its revenues and expenses Involved in collection and disposal of garbage and solid waste within the corporate limits of the City of Denton whlch shall separate the accounting records of the Denton operation from its other operations. The CITY way, at any time, cause an audit, either formal or informal, to be made of the portion of LICENSEE's books and records representing its Denton operation or any portion of any of Its other operations whlch may tie allocated or charged to the Denton operation. Any additional amount i due CITY as a result of such audit shall be paid within thirty (30) days following written notice to LICENSEE from the CITY. XII. INDEMNIFICATION; INSURANCE i The LICENSEE assumes risk of loss or injury to property or persons i arl51ng from any of Its operations under this Agreement, and agrees to Indemnify and hold harmless the CI1Y from all claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys fees, arlsing from any such loss or Injury, it is expressly ; understood that the foregoing provisions shall not In any way limit the 3 liability of the LICENSEE. The LICENSEE agrees to carry insurance during the entire term of this Agreement as follows: the a• LICENSEE engaged In any ln operation covering covered by l this Agreement. b. Automobile and Public Liability Insurance in amounts not less than $1,000,000 per occurrence. Such policies of insurance shall be Issued by companies authorized to conduct business In the State of Texas, and shall name CITY as an additional Insured and shall Insure CITY In the same general terms and -4- 152/121390055/4 iwW Y 1 1 to the same general effect as the foregoing Agreement of the LICENSEE to Indemnify and hold harmless CITY, and certificates evidencing such Insurance contracts shall be deposited with CITY, XIII. ASSIGNMENT No assignment of this Agreement or any right occurring tMer It shall be made in whole or in part by LICENSEE without the express written consent of CITY. In the event of any assignment, the assignee shall assume the liability of LICENSEE hereunder. XIV. BANKRUPTCY I This Agreement shall terminate in the case of bankruptcy, voluntary or involuntary, or insolvency of the LICENSEE. In the case of bankruptcy, IE such termination shall take effect on the day and at the time the bankruptcy is filed. XV. RIGHT TO REQUIRE PERFORMANCE The failure of CITY at any time to require performance by LICENSEE of any provlslons hereof shall in no way affect the rights of ,he CITY thereafter to enforce the same. Any waiver by the CITY of any breach of any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision Itself. XVI. ; MISCELLANEOUS ; c A. If any provision of this Agreement shall be declared illegal, void f or unenforceable, the other provislons shall not be affected and € shall remain in full force and effect. B. The effective data of this Agreement shall be on January 1, 1991. C. All notices given pursuant to this Agreement shall be deemed suffi- cient, if given in writing and delivered on a business day during ' normal business hours, and deemed delivered on the second business day after dis,>atch if sent by first class mail, certified, return receipt requested, addressed as follows: 5 - 152/121390055/5 b 1 f~ 1 1 1 CITY: LICENSEE: City of Denton Browning-Ferris Industries, Inc. City Manager Attention: Lee Selheid 215 Fast McKinney Post office Box 679 Denton, Texas 76201 Hutchins, Texas 75141 I j EXECUTED this day of 1911. i I ATTEST : CITY 0 old ' y etary fl arre City Manager ATTEST: LICENSE: By: Tit , Browning- er is n ustries, nc. I . i i e Ain i Now 1 v , A J 4 f ~ ~:c+ptul.k AGREL ENT BETWEEN THE CITY OF DENTON AND I CAPITAL ASSISTANCE GROUP TO PROVIDE COLLECTION SERVICES This Agreement is made on l 1991, between the CITY OF DENTON (City) and CAPITAL ASSISTANCE GROUP The parties agree various as i C follows: misdemeanor t warrant provide of arrest collection 1. i DESCRIPTION OF WORK A. For the consideration hereinafter agreed to be paid to Collector by the City, Collector shall provide collection services to the City, hereinafter referred to as "Services." The Services are to be performed to the highest professional standard, and to conform in every respect to the following documents: I ' jj 1. City of Denton Request for Proposals 11260; and I II 2. Collector's Response to Request for Proposals. B. All of the documents referred to in Subsection A of this I Section I are made a part hereof for all purposes as though each were written word for word herein; provided however, that in case of conflict in the language of the Request for Proposals, the 1 Response to Request for Proposals, and this Agreement, the terms c and conditions of this Agreement shall be final and binding on both j parties. The Request for Proposals shall control if the Request for Proposals conflicts with the Response to Request for Proposals. C. From time to time, the City will send various misdemeanor warrants to Collector for collection services. These warrants consist of the following types: 1. Active Capias Pro Fine Warrants - These are warrants in pending Municipal Court cases in which a judgment has been entered assessing a sum owed by the defendant in the case to be paid in order to discharge the defendant from liability and the defendant Is subject to immediate arrest; 2. Active Arre:,t Warrants - These a warrants ranbeen entered Municipal Court cases in which no judgment assessing any sums due from the defendant in the case, but the defendant is subject to immediate arrest to answer for the pending criminal charges; 3. Inactive Capias Pro Fine Warrants - These are warrants in pending municipal Court cases in which a judgment has been entered assessing a sum owed by the defendant in the case to be paid ir, order to discharge the defendant from liability, but the defendant is not subject to immediate arrest; and u I t I 1 4. Inactive Arrest Warrants - These are warrants in pending Municipal Court cases in which no judgment has been entered assessing any sums due from the defendant in the case and the defendant is not subject to immediate arrest. II. ADMINISTRATION Collector has become thoroughly acquainted with all ratters relating to the performance of this Agreement, including the legal distinction between the types of warrants referred to in Section I, Subsection C of this Agreement, all applicable laws, including but not limited to the Fair Debt Collection Practi--es Act, ai.d all of coof this ordinated Agreement. under, andlperformeds to under the Agreemet conditions the this terms satisfaction of the Executive representative, hereinafter referred r to as Finance or " III. COMPENSATION A. City will pay to Collector for services rendered in accordance with this Agreement an amount not to exceed the following: i Collection of outstanding 35% of paid warrants Warrants (after deduction of appropri- ate costs or fees paid to the State of Texas). Collector will not receive compensation for warrants disposed E of in which the City does not. receive a payments, including but not limited situations in sums- d i are by jails time crof by edit, or I + of arrest, , defendant dismissal of any case. B. Total payment to the Collector will not exceed the percentage y provided herein, unless other conditions necessitate additional services which must be authorized in advance by resolution of the Denton City Council. Collector's charge for services are not to exceed similar charges of Collector for comparable services to other customers. Collector wiII submit periodic billings for services rendered in accordance with this Agreement. No interest shall be due on any late payments. Payments to Collector will be in the amount shown by the monthly statement and other documenta- tion submitted and shall be subject to the approval of the Executive Director of Finance. The city shall not be liable under this Agreement for any services which are unsatisfactory or which have not been approved by the City. C. Collector will not be entitled to reimbursement for expenses incurred under this Agreement. PAGE 2 j rte- ~ 7 ~-"S r- IV. CITY'S RESPONSIBILITIES City agrees to perform the following: i A. City's staff will assemble and reproduce all documents neces- sary to provide adequate information to be utilized by Collector in its collection efforts. B. Administrator or designated representative will meet with the Collector on a monthly basis to reconcile all collected accounts. V. COLLECTOR'S RESPONSIBILITIES Collector agrees to perform the following: A. collector will contact the defendant named in any warrant + submitted for collection service six (6) times in a 90-day period through a rotating telephone and letter cycle. B. Collector will not solicit or accept any payments on warrants directly, rather Collector will instruct the named defendant to contact the City in order to make an appropriate disposition of the pending Municipal Court case. C. Collector will submit transcripts of telephone contacts and written communications for approval by the City for each type of warrant submitted to Collector for collection services. D. Collector will send a "thank you" letter approved by the city on the City's behalf to all named defendants in warrants which are collected by payment of sums owed. E. Collector will return information on warrants submitted for l collection services after the expiration of the 90-day collection period including all information developed by Collector regarding the defendant or his whereabouts. VI. INDEPENDENT CONTRACTOR Collector's status shall be that of an Independent Contractor and not an agent, servant, employee, or representative of City in the performance of the Services. No term or provision of, or act of Collector or city under this Agreement, shall be construed as changing that status. PAGE 3 J 1 \111 1 VII. SUCCESSORS AND ASSIGNS The City and Collector each bind themselves, their successors, executors, administrators and assigns to the other party of this Agreement. Neither City nor Collector will assign, sublet or , transfer their interest in this Agreement without the written consent of the other. No assignment or delegation of duties under this Agreement will be effective without the written consent of the City. VIII. WAIVER OF LIABILITY AND INDEMNIFICATION I Collector does hereby agree to waive all claims, release, indemnify, defend and hold harmless the City of Denton and all of its officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands or causes of action which may arise by reason of injury to property or persons occasioned by error, omission, or negligent act of Collector, its officers, agents, employees, invitees or other persons from whom Collector is legally liable, with regard to the performance of this Agreement, and Collector will at its own cost i and expense defend and protect the City of Denton against any and i all such claims and demands. Collector agrees to and shall indemnify, defend and hold harmless the City of Denton, and all of its officials, officers, agents, and employees, from and against any and all claims, losses, e damages, causes of action, suits, and liability of every kind, including all expenses of litigation, courts costs and attorney's fees for injury to or debt of any person or for damage to any property arising out of or in connection with performance of this Agreement. Such indemnity shall apply whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City of Denton, its officers, officials, agents or employees. It is the express intention of the parties hereto, both Collector and the City, that the indemnity provided for in this paragraph is indemnity by Collector to indemnify and protect the City from the consequences of the City's own negligence, whether that negligence is the sole or concurring cause of the injury, death or damage. IX. INSURANCE A. Collector shall, at its own expense, purchase, maintain and keep in force during the term of this Agreement such insurance as set forth below. Collector shall not commence work under this Agreement until it has obtained all the insurance required under this Agreement and such insurance has been approved by City, nor shall Collector allow any subcontractor (if any) to commence work PAGE 4 1 on its subcontract until all similar insurance of the subcontractor has been obtained and approved. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. The insurance requirements shall remain in effect throughout the terra of this Agreement. 1. Contractor agrees to comply with all applicable state laws regarding worker's compensation insurance. 2. Commercial General Liability Insuraa ce including Indepen- dgnt Co tractor's Liability, Completed Operations and Contrac- 1 tual Liability, covering, but not limited to the indemnifica- tion provisions of this Agreement, fully insuring Collector's liability for injury to or death of employees of City and third parties, extended to include personal injury liability cover- age, and for damage to property of third parties, with a I combined bodily injury and property damage minimum limit of $500,000 per occurrence. , 3, 'vroiessionai malpractice Liability Insurance, covering errors and omissions with a limit of $1,000,000 per occurrence. 9. Each insurance policy to be furnished by Collector shall include the following conditions by endorsement to the policy: 1 1. Name the City as an additional insured as to all applicable coverage; 1s 2. Each policy will require that thirty (30) days prior to the ` expiration, cancellation, non-renewal or any material change in I coverage, a notice thereof shall be given to city by certified mail to: Risk Manager City of Denton 215 E. McKinney Denton, Texas 76201 3. The term "City" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City; 4. The policy phrase "other insurance" shall not apply to the owner where the owner is an additional insured on the policy; and 5. All provisions of the contract concerning liability, duty, and standards of care together with the indemnification provision, shall be underwritten by contractual liability PAGE 5 I 1 a coverage sufficient to include such obligations within applica- ble policies. be furnished by collector, it is a , Concerning insurance to c. condition precedent to acceptability thereof that: 1, Any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent Collec. ' the ins surance requirerents to be decision thereon shall be final; by t The City I 2, All policies are to be written through companies duly approved to transact that class of insurance in the State of Texas; and 3. All liability policies required herein shall be written with an "occurrence" basis coverage trigger. D. Collector agrees to the following: 1. Collector hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against thesCity it being the intention that the insurance policies protect all parties to the contract and be primary coverage for all losses covered by the policies; tor 2. Companies issuing the insurance p icies andt lof cant' shall have no recourse gainst the City for paynen premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Collector; 3, Approval, disapproval or failure to Cact for the City (or any regarding any insurance supplied by the subcontractors) shall not relieve the Collector of full responsibility or liability for damages and accidents as set ncy forth in the contract documents. insurance companytexonerateethe or denial of liability by the Collector from liability; and 4. No special payments shall be made for any insurance that the Collector and its subcontractors are required Any of the insurance policies requie dthed r this ecti nle y be written in combination with iany fied olimits may ::e lowered thereby. permitted, but none of the sp_c PAGE 6 I r SI ~ I X. TERM AND TERMINATION date f written above irst This Agreement shall commence oneare but the Ci y or Collector and continue in effect from year to time by giving sixty (b0) days may terminate without cause at any on the date specified written notice prior to the date of termination. It is agreed that all services being terminated shall cea ecompensate Collector in on such notice. City shall equitably Agreement for the services accordance with the terms of this cif ied properly performed prior to t he eat s pee by thein s shAnoticet following inspection and not however, be entitled to lost or antics. Collector shall not, choose to exercise its option to anticipated profits should City terminate. XI. APPLICABLE LAW gov# This Agreement is entered into and issubject construed h rt ernand to be anti enforced of city; as amended, a ore~nancea an.under all applicable State of Texas and Federal T xas and execution County, The situs of this Agreement is agreed for all purposes including performance XII. SEVERANCE provisions, covenants, or conditions of If any of the terms, this Agreement are held for any reason to be invalid, void, or unenforceable, the remainder of the provision(s) shall remain in full force and effect and shall in no way be effected, impaired, or invalidated, unless the material benefits or ability to perform hereunder of either party shall be materially impaired thereby. XIII. HEADINGS The headings onvenience of reference only andeshallinotgeffecttin anyfmannereany of the terms and conditions hereof. XIV. ENTIRE AGREEMENT This Agreement e-',Ddies the complete agreement of the parties hereto, superseding .:l oral or written previous and contemporary agreements between '_.,e parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. PAGE 7 E 1 1 XV. MONIES WITHHELD that Collector ~ ing When City has reasonable grounds for fully satisfactorily will be unable to perform this Agreement fully ,rforaance; or that a meaty arising out an within the time fixed for p exists or will exist against the collector or the City a eft of ex the negligence of the Collector or the Collector's breach o then the City may withhold p Ym this the under City, for provision of this Agreement, to be the retained Collector any amount otherwise due and payable protect the City against Agreement. Any amount so withheld may period as it may deem advisable to p any loss and City after written notice to the Collector, aPP that may, This provision is Claim(s) person or such money in satisfaction of any and no other against the for the benefit Of the City, or claim a9 he intended solely right against the City entity shall have any failure or refusal to withhold monies. City by reason Of City's the City on any amounts withheld under interest shall be payable by this p rig limit or in an ht of the City ended to rovision. This Provision way prejudice any other XVI. COLLECTOR`S LIABILITY 1 reports shall not City of any of contractor s and Acceptance by a release of the responsibility , deemed agents or associates for the constitute or b` its emploYees, information and other liability of Collector, of their reports, and competency o royal be deemed to ~ptance accuracy b C1 ty for any defect, documents or services nor shall niability by Collector, be the its assumption of such P prepared by error or omission the documents employees, agent or associates. XVII. NONDISCRIMINATION 'b;s Agreement, Collector covenants that, actions to insure , its As a condition of reement, Collector, Collector will take all necessary the not discri minate in connection with any wor?: tender will n of individuals individ sex, associates and loymentt fyanys~ ual national or ional group origin, age, ► treatment or emp Y color, religion, either directly, on the grounds of race, to job Performance, ements. In this or handicap unrelated indirectly or through contractual or other ;af guard all records retain and for a regard, Collector shreement por work performed hereunderetion, relating to this Ag ears from final AT compl minimum Period of three (3) Y resen ing compliance with authori rep with full auces t allowed for pu poses of evaluating of Denton, p reques rovisions of the Agreement. this and other p PAGE B 1 1 1 XVIII. NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United states mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise noticed in writing by the other party, at ; the following addresses. Mailed notices shall be deemed communi- cated a!; of five (5) days after mailing regular mail. ded for City, to: i if : nten Mr. John McGrane Executive Director of Finance City of Denton 215 E. McKinney Denton, Texas 76201 If intended for Collector, to: Mr. Kenny Pattillo Hansmire Capital Assistance Group , 801 Border Street, Suite B P.O. Box 639 ' Arlington, Texas 76004 XIX. DEFAULT City reserves the right to terminate this Agreement immediately upon breach of any term or provision of this Agreement by Collec- tor, or, if at any time during the term of this Agreement, Collector shall fail to commence the work in accordance with the provi provisions of this Agreement and diligentlyand in stricteaccor- in an efficient, timely, , dance with the provisions of this Agreement or fail to perform any of its obligations under this Agreement, then City shall have the right, if Collector shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement and complete the work in any manner it deems desirable, including engaging the services of other parties therefor. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy, the cost to City of the performance of the balance of the work is in excess of that part of the hereunder, Collector which be liable theretofore rand shall i reimburseeCity for such excess. PAGE 9 J 1 1 XX• REMEDIES No right or remedy granted herein or reserved to he por ties is exclusive of any other right or remedy herein by 3aw equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or conditionFof this Agreement may be waived without consent of the parties. ance in indulgence by either party shall not constitutes waiver of any covenant or condition to be performed pursuant Agreement. It is further agreed that one (1) or more instances of forbearance by he City a waiver thereof e of its rights herein shall in no a XXI. CHANGES E ~ from time to time, require changes in the scope The City may, of the services to be performed under this Agreement. Slch changes and between the City and the as are mutually agreed upon by written modification to this i Collector shall be incorporated by I Agreement. XXII. VET E ' The parties to this Agreement agree and covenant that this j egal Agreement enforceable will be nforce this Agreem nt a exclu iveavenue will action is necessary to e lie in Denton County, Texas. This contract is entered into as of the day and year first written above. r IN WITNESS WHEREOF, the parties hereunto set theiryearhandsfirbsy and their representatives duly authorized on the day written above. CITY OF DENTON Lip D V HHARRELL, CIT MAN ER PAGE 10 f W t RTTESTS CITY SECRETARY JENNIFER WALTERS, BY: APPR VED AS TO LEGAL .-TI pRAYOVITCH, :;Tj ATTORNEY DEBRA A• 1 BY :M CONTRACTOR' CAPITAL ASSISTANCE GROUP ILLO HAN MIRE, OWNER KE P Tax Identification No. } 742526956 S } R. ATTEST: STACY SMITH, SECRETARY t i r BY i i PAGE 11 I CONTRACT AGREEMENT STATE OF TE05 COUNTY OF DENTON 4 day of June THIS AGREEMENT, made and entered into this A.D.r 19_,},,, by and between i acting through of Denton and State of Texas, of the county thereunto duly authorized so to do, i Lloyd V. Harrell HER,' and hereinafter tensed Dallas Texas 7 2 + Clarpet Services Inc. 2451 Sterons F i County of Dallas of the City of Dallas .CONTRACTOR.' hereinafter tensed and and State of consideration of the payments and under WITNESSETH: That for and in rforaed by OWNER,CON~~R agreements hereinafter in to be loads and Peeven date herewith, complete performance of the work the conditions expressed n the bonds be aring to commence and hereby agrees with OWNS specified below: NISh INSTALL MODULAR CARPET STSTWLIBRART in the as,ount.._ d be - FUR a of =51,430.00• I` under the terns as stated coat and and all extra work in connection therewith, theinachinsry, equip" nt, tools, General Conditions of the a9fe~6eC't~ aSuppat his lies$ (or r) own pro" services expense to furnish all ate, alce,, and other accessories and se superintendence, labor, rifled above, in accordance with the necessary to complete the work specified prcposal attached hate the Special conditions and prices stated in Instructions to attached with all the General Conditions ent dnaruc and in Of the Conditiona, the cyotice to Bidders (Advertisement for Bids), I blueprints, and all Bidders, and the Performance wand Pin lodes all nape, plats, accordance with the pl CA-1 01148 .r T--•T t _ 1 matter thereofr and the other drawings and printed or citten explanatory by Specifications therefore, as prepared Cit of Denton Staff evidence and which are made a part hereof and collectively all of con-` the entire contract. Inde endent Status City and agreed by and between it is not be s,utnally understood and and shall independent contractor Texas, for the i Contractor that Contractor an s emp an 10 00 of the City of Detaxes,nton, vacation or sick deemed to be or considered social security City employee beneeioE tax, withholding. oc any other employ purposes of income ckar's conPtnutionr or any rEoc• the leave hematite, ,vision and control Cont Contractor shall pe general City shall not have suet ceasly understood that specifications at the designee Contractor, and it a c exp to the attached onr Texas, or his services hereto a City Manager of the city direction Of under this agreement. I ndemnification nd hold harmless s ree to indemnify of any loss, or liability b any Contractor shall and and allcdaaimage c# third Ptc4one occasioned agents, ~ the City Of Denton n from of iajanyurY t ro IrtY its officers, with by reason of act of Contcactocr ally liable, whatsoeve0erision or negligent ,sons for whoa it is leg at its cost error, invitees. and other pe and Contr actor will# a all such eeployeesr rformance of this k9cees~tnof Denton against any and regard to the Pe totect the Cii:y and expense, defend and P claims and denands• w and Venue Choice of La Texas and statd Of This agreement shall be governed by the law of the he coucts of Denton venue for its construction and enforcement shall lie n County, Texas' date commence w')rk on or after the CONTRACTOR hereby agrees to written notice to commence The or the start of work as cat forth in salt subject to ~al Conditions. tor th the stated General in al the and PcOspa established late ell work within the time work and cone as are provided by rice or ' such extensions of time the CONTRACTOR in curren this funds the aiich The ONNU agctes to Pay which forms a pact of f the Contract, shown in the Proposal, ial Conditions of prices subject to the General and Spec' payments to be CA-2 01143 r--- ~--T-~ _ 1-- IN WITNESS WHEREOF, the parties of these presents have executed this ? agreement in the year and day first above written. ATTEST: a cit Denton Oy7NER i ` B I i ~ I (SEAL) ATTEST: nc. /Servi &le OON I C,a 1 C y B Title (SEAL) APPROVE" TDIf. me J CA-3 0114e .1 , I i L i yr uLi v. I INSURANCE MINIMUM RE UIREMENTS INSURANCE: imiting any of the other obligations or liabilities of without l the Contractor, the contractor shall provide and maintain until red material has the contracted work owner, eethe ominimum/insurance and accepted by coverage as indicated hereinafter. startinZsh anall be filed constructionhwork Satisfactory c nt tpriorofto insurance Purchasing Department or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance wriovettred notice will be given to the owner before any policy thereby is changed or cancelled. The bid n m eDentd title fathe ! project should be indicated, and the City of on should o be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be givens o The City of Denton shall be an additional named insured on all policies. 1. WORKMEN'S COMPENSATION AND insurance shall protect the Contractor EMPLOYER'S ag inst LIABILITY. claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for l injuryt disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: 0 Workmen's Compensation - Statutory 0 Employer's Liability - Statutory This insurance shall 11. COMPREHENSIVE AUTOMCBILE LIABILITY. be written in comprehensive form and shall protect the Contractor against all claims for injuries t memo grfrof the public and damage to property of others arisin the use of moetoor vehicles elicensed for highway use, are whether they The liability limits shall not be less than: o A combined single limit of $500 000.00 insurance shall ba III. COMPREHENSIVE GENERAL LIABILITY. This i written in comprehensive form and shellm protect tted s the he Contractor against claims damageitongproperty of others members of the public or act or omission of the Contractor or arising out of any his agents, employees or subcontractors. CI - 1 6 1qr 4w- To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for ' liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: k o A combined single limit of $500,000.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the owner and written notice of that fact has been issued by the owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 1 City of Oenton Reference. (111 Name and Address of Agency Project Name: Project Mo: Phone Project Location: Managing Dept:- Cmp4nies Affording Coverage. Naare and Address of Insured: A Phone C fl i This is to certify that: 1) Policies of Inserance listed below have been Issued and are la force at this tleie, 2) The City of Oenton is listed as an additional Insured as to all applicable coverage. Expiration Limits of Liability to In T sands 000 otter T of Insurance Poll N r 'teary . :Occurrenacee ccnrrnencee General Liability Bodily Injury - Claims Made {see 1,-Page C14) Broad Fora to include: property Oamage - Premises/Operations - Independent Contractors Wily iryyand Property f j _ products/Ca!gleted Operations II 0~ Comb - Personal Injury - Contractual Liabilily(see 13-Page C14) - Explosion and Collapse Hazard Underground Hazard - Liquor Liability Coverage CI 4) - Fire Legal Liability (see t5-Page Broad For" Property Omega Professional Erroors/W ssions - occurrence - claims me& (see 14-Page C14) rownsIwe Amtomb IIa Bodily in ury/Person ~p Bodily iniury/Accident Liability Property O Ltis#dAstoinob Artawbsles 1 _ jury/Property les Wily Hired hatoieobi i It C1110114911 Combined - worterssation and StatY~ tory Amount x "loyers' Liability - Cimrs' Protective Liability :JEOth.or~rance Description of Operations/Locations/Vehicles. 1 or material change In coverage. Each (See p02, olicy shall require thirty (30) days notice of cancellation, non-re^"a Nave and address of Certificate Holder. URIC LJJ~w CITY Of DENTON, TEXAS PURCIiAStNG AGENT 901-8 TEXAS ST. UENION, TEXAS 16201 SEE OEFIM M MS OM PAGE C1 4 ATIM CI - 3 1 1 r DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to worker's compensation.) 2. NUTICE OF CANCELLATION: Each policy shall require that 1 thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be i given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or i agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General I Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor 'in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. C f 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) y3ars which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and parmanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or wriile acting on behalf of the owner. CI - 4 i 1 PURCHASING DEPARTMENT BID INVITATION t City of Denton 901.8 Texas St CITY OF OENTON, TEXAS Denton, Texas 76201 Data May 13, 1991 BID NUMBER 1259 BID TITLE FURNISH AND INSTALL MODDLAY f. WET SySTEX/LIBRARY i Sealed bid proposals will be received until 290 P.m. MAT 28 1991 at the office of the Purchasing Agent. 901•B Texas St, Denton, Texas 76201 1 For additional Information contact { PURCHASING DEPARTMENT 901 B Texas Street Denton, Terns 76201 DFW Metro Office 817.267-0042 817.383.7100 I INSTRUCTIONS TO BIDDERS his form, prior If, opening dale and time to be considered. Late an Proposals mwt W ir"d in oI Seated bl ropiosals wHI be returned uOOpencd. shal y marked ber. 2 Beased enl a oPe! atnd msi daortdelh and torthe Purchasing Departments, City of Dnenton 901-8 Texas St' Oentof n1eTX 76201. 3. Any submitted article deviali from lire specification must be identified and have fun dWriptive data aocOmPenYling same, or it will not be Considered. 4. All materials are to be quoted FOB Denton, Texas, detlwred to the floor of tha warshousa,'or as otherw" Indialed. y, The City of Denton, Texas reserves the right to sceept separate items in a bid unMU this right is denied by the bidder. 6. In use of default alter bid acceptance, the Oty of Denton, Texas may at its option hold the ismapted bidder or contractor Iisbis for any and all r"Willint Increased coats as a PenaitY fOt such default 7. The City of Denton resNv" the right lo rele:l shy and all bids, to wswe all Informsiilles and require that submitted bMs remain in force for a sixty (60 day Period attar openirq of until award is media: whichever cornea IWV. J 8. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The Items are to be Priced each nat. (Packaging or stripping guantlhes well be conOkW*d.l o9 this Did, and all inforrnatlon &Wlor 110. TM Purchasing Department assumes responsibility for the Corteotnea8 arnd Clarify questions pertaining to this bid shall be directed to the City of 011MOn Purchasing AWL 11. Any attempt to negotiate or give infouriatlon on IM contents of this bid with the City of Denton or its r►presentatlves prior to award shall be Bounds for dlyqualillcatfons. 12. The conditions and terms of this Did will be considered when evalwting for award. 11. The City of Den'.on is exempt from all sales and excise taxes. (ArIlciP 20.04.81 L Page 2 Of 14 110 NUMBER 1259 city of DentBIDon, P Texas OPOS9A,gSx..st. pwchaaIng DePutmant Denton, Texas Te2g1 _ AMOUN 1 OUAN. PRICE OESCRIFTION iM CITY OF DENTON LIBRARY Remove existing carpet, floor preparation. Install modular carpet square and cove base 1 - SQUARE YARDS 1 ; ; 1 moving `arniture and sbelves 1 Maintenance stock SQUARE YARDS MANUFACTURER STYLE COLOR , ' ~ NO E 10 YEAR WARRAM YES TOTALS days from rsesipt of order. Terms net*0 to Denton. Texas. Snlpmer t can be made In We Quote the above f.o.b. delivered unless otherwise indicated. Of all Did Items by the City of Oenion, Texas within a the above bid, IM vendor agrees that MsPtance of nisi must be property prked, signed and returned. In submtltl+W reasonable period of 11" constltuas a contract The completed M . 14~Oael. 1,41x~q A06rrsf _ . gpNtK~ GM S ate TY e ~ ,,~wno~e I ` PF.RFORYANCE BOND Bond °BO11006 STATE OF TEAS COUNTY OF DEH'i0N KNOW ALL HEN BY THESE PRESENTS: That Carpet Services, Inc. of the City of Dallas of Dallas, and State of Te=as County as PRINCIPAL, sad Insurance Company as SURETY, authorized under the lava of E the State of Texas to act as surety on boads for principals, are held and firmly bound unto the The City of Denton as OWNER, in the penal sum of pifty one Thousand Four Ruodred Thirty and , ` /100----- Dollars (9_,5_1__,430•_!. ) for the ?aymeat whereof, the said f Principal and Surety bind themselves end their heirs, administrators, executors, successors and aaaig~s, jointly and severally, by these presents: 1 AISERFAS, the principal has entered into a certain Written contract with the OWNER, dated the 4 day of 3uaa , 19 9L , for the construction of BID 11259 - FURNISB AND TpSq'ALt HODUI.AR CARPET SYSM/LISRART in the amount of 4 li which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the conditica of this obligation is such, that if the said principal shall faitbfully perform said Contract and shall in all respects, conditions and a`rasmeota in and by said contract agreed and covenaated by the principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plana and Specifications hereto angered, then this obligation shall be voids otherwiee to remain in full force and effect; PB-1 1 ' F PROVIDED, HOVEVFR, that this bond is executed pursuant to tine provisions of Article 5160 of the Revisod Civil Statutes of Texas as acended by acts of the 51-'th Legislature, Regulsr Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the save extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shell lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that co change, extension of time, alteration or addition to tho terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waira notice of any such change, extension of time, alteratica or addition to the terms of the contract, or to the work to be performed thereunder, IN VITNESS SAN EMOF, the said Principal and Suretyy have signed and k sealed this instrument this 30th day of July , 19 91 , Carpet Services, Ire. CcTrnercial Lloyd's Insurance Company ' Prin\t,lpal Surety By1S! kc~ W\~ jV1k / ! JJ W. Schuler j Title l~i~Ce_ GLCKZ?r - T tie gttQnnex-in-fact " i Address 2451 Stemons Freeway Address vim S- lamar. Suite 170 Dallas Texas 75207 Austin, Texas 78704 214 630-9800 (SEAL) (SEAT. ) The name and address of the Resident Agent of Surety is, ' DO Surety and Insurance Ager:.y 500 N. en ra xpressway "7' (214) 578-5404 NOTEi Date of Bond oust not be prior to dots of Contract. i PS-2 O091b I 1 MliEW BOND Bond #BD11N6 STATE OF TEXAS X { COUNTY OF II~ON~yX OOU ALL ?W BY THFSE PRESENTS: That carpet services, Inc. of the City of _ Dallas county of _Dal iam and state of Texas as principal, and Commercial Lloyd's InSurance Company - euthorized under the laws of the State of Texas to act as surety on bo~:a for I principals, are held and firmly hound unto The City of Derton OWNER, in the penal sum of _ Fifty one Thousand Four Hundred Thirty and N01100----- ` Dollars 0 51,470,00 for the payment whereof, the said Principal and Surety bind themsel•+es act their heirs, administrators, executors, successors and assigns, jointly and severally, by them presents: I WHER.W, the Principal has entered into a certain written certract t, i I with the Owner, doted the 4 day of June 19 91 Bid IL259 - FURNISH AND INSTALL MODULAR CARPET SYSIM/LIBRARY in the amount of I ~ s to which contract in hereby referred to and made a part hereof as fully and :o the y same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OILICATION IS SUCH, that the said Principal shall pay all claimants supplying labor and material to his or A. subcontractor in the prosectioa of the work provided fo: in said contract, then I this obligation shall be void, otherwise to remain in full force aad effect; I ' PROVIDED, HOWEVER, that this bond is executed pursuant :o the provisions of Article 5140 of the revised Civil Statutes of Telas ae amended :y the I acts of the 36th Legislature, Regular Session, 1959, and all liabilities c: this 1 bond shall be decemined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 , i Surety, for value received, stipulates and agrees that no change, exten&ion of t1ce, alteration or addition to the terms of the contract, or to the w crk performed thereunder, or the plans, speciflcationG or drawings accoepaoytag the weiveanOtiCeaOf any ansywhischeaaffect its extension 8ofitiuc, alteration or dadit does dition to hereby terms of the contract, or to the work to be performed thereunder, I~ IN WIT}WESS WHEREOF, the aald Principal and Surety have signed and i sealed Chia instrument this nth day Of ,July 19 91 Carnet Services. Inc. Commercial Llo d'e Insurance Company i Princi 1 urety l B y~ ~ o W. Schuler Title G e i le Attorney-in-fact Addrees 2451 Stemons Freeway Address 3901 S. Lamar, Suite 120 nailaa Texas 75207 Austin, Texas 78704 (214) 630-9800 51 - I (SEAL) i J (SEAL) ,I The name and address of the Resident Agent of Surety is: 4 ~1~ ~11fP~jf and Tnciiranro Anant:y 500 N. Central Expressway, Plano, Texas 75074 I (214) 578-5404 i PB-4 0092b i i MMOCIAL BD t 1009 Lloyd's lesuratxe Company . POWER OF ATTORN Cotumercial ` ~ w S. Lamar Austin. Texas 78704 1 PRESENTS: State of Texas, having its principal ofCxe in ~ KNOVV ALL MEN BY Ty ESE , under the laws of the anized and exist n6 • pursuant to the following resolution which , That Union Commercial, Inc., a Corporation duly org Austin, Texas, AtlorneyIn-Fact for the Undetwsia"ss at Com',nercia] Lloyd's Insurance ComPanY is now in tali force and effect: from time to time appoint Attorney sin-Fact, and Agents to Ile president,OrLnyVice""'idnt,maY t and~rwxmungsobligatory r following officers: such authority as hiscertificateof authopower and authority given him," ^Tltat ax.t of the and may give any such 1500intee sac rota and revoke the behalf of the Company time remove any such appo ! act[a ,04 on of said officers may at any r d and any in the nature o. abon inC Schuler make, constitute and appo John 14- __n, execute, acknowl- dxs hereby Y rit hereby conferred in its name, place and stead. to sib - with foil Powcr and autho Y z Its true and lawful AttomaY(s}in Fact, I its act and deed. as follows: Q r hu_~ th~rt and no/100--_._ edge and deliver in its behalf, and as ndred A6 bonds not to exc.-ed on any single instrument - C signed by its president. and its Corporate G F, Union Commercial, Inc. has caused then Presrnis to be C IN WCINFSS VrHF~FO of Ocmber.1989. ed. this 12th day C Seal to be sffte ~ N president ~~V ~-Pe% 1 David R- Burch r SEAL Q Store of Texas cowry of Travis MOMl ~y 4 David R. Burch, I " 1989 ~o~ before me Wk Myers' s WWI Public, Pe therein M ed and ackmwkdpd to W . if of >!+e ('orporatwu On this 12th day of October. in the year as president. on bc~ r ~r+ ',n, W me to be the person who executed the within instrument n that the CmPoratton executed it. NOWY pttDbc Dixie MYen Commission Expires 2.203 DO ~tEBY CERTIFY that the foregoing and auached Power of CERTIFICATE men iall,loyd'sInstmmcCOmPanY. l undersigned, Secretary of Corn revoked: ,199- of t remains in fall force and has not been 36th day of - JJ U~ AuorrteY and Certificate said Company YpanY at Austin, Texas dated this Signed and Sealed at the said SEAL SecrctsrY went o Y 1 1 CONTRACT AGREEMENT l STATE Of TEAS COUNTY 0! DENTON TgIS AGREEMENT, made and entered into this 5 day of pEBgDAYi A.D., 1991 , by and between THE CITY OF DMMW ~ - ~ of the county of nvox,_xr- and State of Texas, acting through thereunto duly authorized so to do, Barrell Lloyd V. hereinafter termed 'OWMFw and 500, V. UVMc - of the city of D~F.1i'fOti , County of DR= 'OONTRAC3'OR., and State of i MAS r hereinafter i.•►"sd a That for and in consideration of the payments a-Id 4fITNESSETg be made mad agreements hereinafter mentioned, to performed by OMNYR, and uCroR , COW the conditions expressed in the commence and complete dake ermance hof twoik hereby agrees with O4MBA specified below: BID #1143 - AIYPOAT IN[SDRA E in t Purchase order #12050 and all extra work in connection therewith, under the terms as stated in the General conditions of the agreement] and at his (or their) own~prope t costand expense to furnish all materials, suuppli st achinery, oes and aetoolss superiatendeace, labor, insurances and other acc necessary to complete the e work specified above, is accordance wind the conditions and prices stated in the Proposal attached bereto, accordance with all the General Conditions of the Agceelentr t he tiffs ial s)# Ins Conditions, the Notice to Bidders (Advertisement eaforaBidched hereto, ens is Bidders, and the performance and Payne accordance with the plaza, which includes all maps, plats, blueprints, and CA-1 0114A 4 • I other drawings and printed or written explanatory matter thereof, and the ~.1 Specifications therefore, as prepared by } ~S A!@ 8IC8UL. li('_ CQAS .titi[: FW.TNE"Q ~r all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and 1 Contractor that Contractor is an independent contractor and shall not be + deemed to ba or considered an employee of the City of Denton, Texas, for the purposes of incase tax, withboldingr social security taxes, vacation or sick f leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other poisons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expenso, defend and protect the City of Denton against any and all such claims and dimands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton j County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the tine stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. . The OVM agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contracts such payments to be subject to the General and Special Conditions of the Contract, CA-2 01113 r ess presents have executed this \ i IN WITNESS WHEREOF, the parties of th 11 agreement in the year and diY first above written. ' ATTEST: CITY 0' D OWN ~ I i (SUL) 1 I ATTEST: ~ css ICaI. +I CONTRACTOR r CL By T tla \ /I P HIRE C. SCHLOEiSAti, VICE PRESIDENT (SEAL) PfFOV® AS TO = C ~ ey cA-3 O11U 1 BOND NO. 4634687 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON INON ALL MEN BY THESE PRESENTS: That CBS HECHAIIICAL of the City of DENTON County of DERi~ON ,and Str.te of MM as PRINCIPAL, and HARTFORD CAFUALTY INSURANCE COMPANY as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWER, in the penal sum of Tm mmmgn sKyEm PI4E iHOUSAIO) ONE HUD= YOM THREE i 50/100- Dollars 4 27,53143.50 ) for the vayment whereof, the said j Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by tlxSse presents: WHEREAS, the Principal has entered into a certain written contract with the OWN R, dated the _5 day of YE6mn , 1991 , for the construction of B2 01143- AIYPOET INFIELD DRAINAGE in the amount of ¢275,143.50. which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOWj THEREFORE, the condition of this obligation is such, that if the j said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and coveaaated by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 r 1 PROVIDED, HOWEVER, that this bond is executed pursuant to the 1 provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the tens of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying i the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any much change, extension of tine, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of Feburary , 19 91 . CBS MECHANICAL, INC. HARTFORD CASUALTY INSURANCE COMPANY r- ~cR~u r E Principal Sur tq z ~ ~ ' ~ = oQ f ~ n n• rC C t! z A 6- 'r .-2oIiA CL's 7 J By W. Lawrence Brown - ~r ^s 5 Mike C. Schloemaa Title Vice President Title Attorne -in-Fact E` = A G T U V f! d t9 Address 5001 W. University Drive Address 5001 LH3 Freeway t- ,e- ` P. 0. Box 927' ~p Y TP YA4 7fi2D1 _ f-1 C N " Texas 75221 Dallas, 817-~R7-75fi8 (SEAL) (SEAL) ' The name and address of the Resident Agent of Surety is: Bill Joe Bruce, Alexander & Alexander of Texas, Inc. 717 N. Harwood, LB48, Dallas, Texas 75201 NOTES Date of Bond must not be prior to date of Contract. P]3-2 0091b I f BOND NO. 4634687 PAY)CENT BOND STATE OF TEXAS X COUNTY OF pt~llTAti KNOW ALL MEN BY THESE PRESENTS: That CBS KECHANTCAL of the City of DENTON ' i as principal, and County of DffiP'[08 , and State of 7EIAS ~ HARTFORD CASUALTY INSURANCE COMPANY authorised under the laws of the State of Texas to act as surety on bonds for h principals, are held and firmly bound unto THE CITY OF DVMN I uUM, in the penal sus of TWO RMRED SEVEM FM TNDUSAN Ogg fiUiDRED FO[?Y .ve~ e...i 50/ 1 Dollars (J 275.143.50 for the payment whereof, the said Principal and Surety bind themselves and their f heirs, administrators, executors, successors and assigns, jointly and severally, by I them presents: WHEREAS, the Principal has entered into a certain written contract FEBRUARY r , 19 91 ~ with the Owner, dated the S day of for construction of BID #1143 Airport Infield Drainage, Purchase Order 412080. ' to which contract if. hereby referred to and made a part hereof as fully and to the same extent as i; copied at length herein. NOW) THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosectiou of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 I F i i Suretqfor value received, stipulates and agrees that no change, , orh drawings contractacs to the extension of time, alteration or addition to p the terms of work performed thereunder, or the plans, the same, shall in anywise affect its obligation on this bond, and it does hereby worketoibe performed thereunder, or addition to the Waive ice of any such terms oftthe contracts or to changes IN SiITHNESS WHEREOF, the said Principal and Surety have signed and , 91 sealed this instrument this 28thdaY of February 19 , CBS M.SCHANICAL, INC. HARTFORD CASUALTY INSURANCE COMPANY-- Principal S tY ~i t r- c4 n ~ B j , y awrence Town M WC. Schloeman J T ' ° Title Attorney-in-Fact Z'r.' ' Title Vice President ; u Address 5001 W, University Drive Address 5001 LBJ Freeway Denton, Texas 76201 j n 977 p 817-387-7568 Dallas, Texas 75221 J i {I (SEAL) (SEAL) , The name and address of the Resident Agent of Surety is: 717 N. Harwood, LB08, Dallas, Texas 75201 PB-4 0092b I 4 BOND NO. 4634687 tfAINTENANCE POND STATE OF TEXAS COUNTY OF DMION X KNOB ALL HEN BY THESE PRESENTS: THAT CBS MECHANICAL 1 as Principal, and HARTFORD CASUALTY INSURANCE COMPANY a Corporation aut ors: to do business in a State of Texas, as Surety, o hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of TWERTT SEVEN TSOOSAND FIVE f FODRTEPN AND 1 Dollars 27 514.35 r ILVO% the tote amount of a contract for the payment of which to. said principal and surety do hereby bind themselves, their successors and asssigus, jointly and severally. ~ This obligation is conditioned, however, that: WHEREAS; said CBS MECHANICAL has this day entered into a written contract wit the said City 611 Denton to build and construct BID !1143-AIRPORT INFIELD DRAINAGE which contract and the plans and apecifications t erein mentioned, adopted y t e City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the ease were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair that year do performed all necessary period bae fillsg one the ty therein coa ce to thereof e and and from the date of acept may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions rise n in reason of defective materials, work, or labor performed by said Contracto, case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall 3e subject contract failure to the damages in scid Contractor to comply with theterms and p ovisions of saideontract h and hisobond. rB-1 0093b 1 L NOU, THEREFORE, if the said Contractor shall perform its same in repair for the maintenance keep rovided, then these presents tru agreement to maintainrt aschere ac sad said contract cther*~ise, to remain in full period of one (1) y shall be null and void and have no further effect; force and effect. shall successiveobligation e It is furthea~agreed aad that this recoveries Sur tgthat one against the Principal vevided the continuing oaY further understood be had hereon for successive breaches [exhausted$ as and ser ere ins pro until continue nner ne full amount of this bon shn said work have been said that the obligation thde ~saims shall of be changed shall diminished, or rin gany ma maintcuanc_ period' ubd said time. affected from any cause during OF the said C , NC. s cause i WITNESS as Contractor and rincipal, I ese presaata to a execute Y and the said lF,iARTFORD CASUALTY INSURANCE ec tad y its Attorney-in-Fact hand as surety, has caused sae prseata to has hereunto set s and the said Attorney-in-Fact 91 c is 28thda Febr°arv - , 1 t i j SURETY: PRINCIPAL: CBS MECHANICAL, INC. }{AyTFORD CASU TY INSURANCE COMpA2iY U~ Mike C. Schloeman, Vice President ;t W. Lawrence Brown n were y r ve Attotn`Y'in-Pact Denton, Texas 76201 Cu n',\4 SNi C',~en 1, r••r., 1~il ~ ,i.;!1 41SG16,,uE[F.~•__,l' r~ ~ ~rell I, r`le evu 1 lne II• ' , ^r n~ I , r7 x .t'. rnliacta„! , hen r, I I d' 'd,~c~°JI!CI qra t~i'.l:%IYfI?~ • 1 ~`,:•~7lfdbii~ne 1.ji1:'i.U GE iii+iCc',: F f`Jfld isr otGro'rcl?dhY 2ri I r, rE'e1ar?C 3rZntel f nd or other solvency P n-2 0093b I ~f HARTFORD CASUALTY INSURANCE COMPANY 1 Exaevftva bm t K'isws. c4ww icw POW" OF ATTORMlY KnaM M am by *,SO Praaa^kThat IN HARTFORD its Ex CASUALTY ecutive Office INSURANCE N tf,a City COMPANY, a of 460732 corporation duy wganaod undN the laws of the Sute of Indians. and ihM and EPpo'nt Hartford, Cou" of Hartford. State of ConnsctbOA does hereby make, const _ E SAMN WILLIAM D. EAIDYIN, JANICE G. CORREY. DAY, L. RAY PITS, SR. add PAMELA IA.NCLEY S. A. CTS aAiEXCE~, of DALLAS. ttXAs to secn of "d Anorney(s)-ln-Fact in rr W*M wnh kA MW and tfa true and cap" " Mors IoM is named above. to 64pM1 ~aIIKa otIj@ w Odge wry and an b bus~ress a l -or 6daetY van°r~ « of id nw,c. d w 4" and rags rutr hok" places guarsmseltv the guaranteeing ere con"m cetear t by itan kwx iance d mee. and axecuWV or Guaranteeing r~ StAt" u in Actions or proasdk+gs or by "momd COI,IPANY thereby as fully " to the same am oxtent tent as it as 4 ad w bird w4 u~ndert"Ings mind ONat ant avrg ij~w* ww* eda'1 i'i°f'a other of such O~f'cer of the HARTFORD CASUALTY SIN E AnoKMPANY mW{s)-inMAY do In PL"Lw ca fxreof i AM cw&" " r ender and by auMoft co ow Tot CWUV ?esokri}oru adopted by this Board of This P"w of meeting duly called and held on the 1st , D+ractora of this HARTFORD CASUALTY IMSUIiANCE COMPANY at a j day Of yuiy, 1967. W a"T0`n 1 ae" o switan ~ omy~ „>fnWly,. ~e Y ~ orv a ryoo n£ C Y pig ref M KVr~Paa rid at wily Yma ns ninon am wCl M'OaM Yk►Y ^r pea'A yJ'r "*m4rb pao A"t AMMAN 3aa r..olu su V=r'w'n * 0" 10 hY't d y~ to 1,e.n ro r..oM nor. wee +rp+ Saear 0 b t* bc4mvew xe Watt wwam of r»dppwr and a" .r+uga WYY VA A91; r wbd of I* c "I rid b '0 V& WIN iuN AhwTwf4m4&d YWW W as vtWdtn9 Lvw er Cama^r As e liftech 6-4 { r mA ~ _ ~ jv, r p,q u tw am.. t4 r.m. lw.+n r srn'>K► ant mw wiP~ ~ pip pwwk .Mat am AMOAM raw er Decree .p apw rnMgs obbIlA rY k,a x '=1v=,d" M r` wtnaM p ~po4i a'r ~ @I a~r~'y~~ ~pOM Saj rq pAYOmbwda~ ! V* Cot mad ` N as r'Iala dwarf.OM rt ■Ipla M~ ~°~rd V4 Mal Cal r* . be afEsaa 10 rM w x% Pi) K or 9"-4' w b ~nY Newrim 11 IYxr eratwa to r0^ak/M or 6jo C,:= ,M *W146 ate/ mAh P"ar d oft wv a eaaN9 tl~" *ci Na Mat i w bs vqw Via p oome mien I ewer " MAMlar. and osar r aaaMN ant c 'y a Y a 13 +.ch id f5°Im ah.s *Wd wxr e anf nrt" by fowmie .ard and b iI I& Irpae Rat an/ n ear4 or ~Alevtaw'a nee 100,001`4 Wp^ e aa or'bo VA Ar1ua Ylcrh!awa • r kvp r MAC a"" 9%x ate aq ow, ala~ facial Sena. O" ~~WoV4:410w4ma~r"a~%D "s ww~ rd woodav pA has uuaad owse presents to be in by WMMM its Whored ~r~l ~ corporate sae to be hereto attixed, duty attested by its Secretary I w dry 0l MrusN tMtI66. the HARTFORD CASUALTY USIBURANCIE sbr by HARTFORD CASUALTY INSURANCE COMPANY INb a Attest: l Mown N. N. • r hrpwlJ rAaevw Aarsanr ft*-Pns'0^'M Sacnb7 STATE of COMECTICUT, 041 OF daHARTFORD, y of MUCK _D 153 986, before me "morm* came POW N. H. Senet, to m• known. who being by COUNTY rate defy wont, did, depose and eir that he resides to the County of Hartford, State of Opnnaclicut that he is the On t7us 16tH day of blarcR LTY INSURANCE COMPANY, the corporator doscn✓xd th and Auktsnt vii eve ab of Instrument that he kno s the saw of said cwpora9Ort1 sew a tau a amend insvwm-A h such owporste seat that it was so afted try order of the Board of Mw that he signed his nuns thereto by lie order. ptelnar.a T, pa.ysn, Na" Plbk STATE Of CONNECTICUT. Caa+a„Abn E . pm Apo 1, irm C}Ai14CATE COMPAtiY. on lydiw OpUF1TYOfHMT AI weary of this HARTFORD CASUALTY INSURANCE Corp tition. DO MBY CERTIFY that the torsgein0 and attached POWER OF ATTORNEY remains In full force and ryas not been revoked: and kxgwmwe, that the Resolutici of the Board of DireGOrs, W WO In the Power of Attwnsy. acs now In torte 28 [h day of P e 19 91 Signed and sea ed at the GH of HaMwd. Date Ow Ar.wwlr SausfuY fatal SJW4 PIG ntr,Ya n U S A (11(``/`~ i. r CERTIFICATE OF INSURANCE Issued To: er i Address: f i THIS IS TO CERTIFY to (Owner) that the following pa -Me "insurance, subject their erns, , conditions and exclusions, have been issued by this Company covering the insured de- none of the the locatios scribed herreein. below It is for unthe types of derstood and agreed that and at e policies s referenced herein will be cancelled, changed, or reduced in coverage with- out at least (30) thirty days advance written notice to the (Owner) at the a Wve address. 1. Name of Insured: 2. Address: ` 3. Status of Insured: Corporation Partnership Individual Other 4. Location of Operations Covered: 5. Description of Operations Covered: THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY THE POLICIES DESIGNATED HEREIN. 7 P These conditions shall Prevail in the event that a discrepancy between al Provisions Conditions and Generexist. loration to SURVEYS AND REPOtRTSaS unt ofarockXpif any, and PHYSICAL CONDITIONS - a trench safety program is ascertain the nature of soils, iry tdoidevelop The owner has not geotechnical informaofiany necessary prospective bidders. shall sake such the responsibility ros ective bidders (and Contractor) deem necessary to made test borings. The p p e in performing be ncountered i explorationse}YES Iof thenactualrconditionsinvestigations a t ey but not limited to inform th~by the Contract Documents, including rotection to the Bork required develoQ trench excavation esaf s anYd Qlocal laws, rules information necessary to nts OSHA, federal, state, ulations, comply with all requireme the 72nd regulations' Compliance with these laws, rules oand p d a adopted by and Session of the {eluding but not limited ~ature6 2 anamendedbby the 73rd Texas Leg ll rest solely with afe Texas Legislature with H81569, shaand Contractor. Session of the grid reference d refs in the 2. REFERENCE POINTS: Horizontal con trol in the bench shall ark a responsible for own the points and vertiSelcontrols,ithehCont~ of beInes and elevations as plans. Frog the expense complete layout of the work and for establishing including construction. The Contractor srsonne},nequipment, needed during the services of competent De latformsd tools, and labor, including stakes, templates, P rts of the work. j accurate surveying instruments , out any and all pa . be required for laying capacity materials as may The Engineer will be available for assistance irtaindsuch insurance as will pr disability 3,otect his INSURANCE, fray claims Contractor under shall purchase and sairtai laws, workmen's coaiQ 1o ee benefit laws; from claims for damages benefit laws or other similar emp Y sickness or disease, or ty coverage; because usual personal injury }iabi employees , of and bodily claims on injury insured nsured by occupational death Of m e than his employee from claims for injury property. including loss of use resulting or death of any person destruction of tangible arise out of or result from CONTRACTOR s therefrom - any or all of which may Documents, whether such operations be to ed by operations undan tSubcContract ontractoronyone directly or indire ley Thisy himself or by any of them may be legally any of then or for whose acts any deductibles specified in the insurance shall include the sandimaxicmumded e and be written reified for shal not l less include than any limits of liability law, whichever is g following paragraph, or required by contractual liability insurance and shall include OWNER and pti'iINEE as additional insured parties. The Contractor shall maintain such additional 00800-1 ` IOTN3WP • 1 insurance as he may deem appropriate. With the execution of the Agreement, CONTRACTOR shall file with OWNER and ENGINEER certificates of such insurance, acceptable to OWNER; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen (I5) days' prior written notice has been given to OWNER and ENGINEER. The Contractor shall, at his own expense, purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from his operations under this Contract, whether such operations are by himself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of they may be liable: i , 3.1 Such insurance as will protect the Contractor frog claims under statutory Workmen's Compensation laws, disability laws or such other employee benefit laws as will fulfill tie requirements of the jurisdiction in which the work is to be performed. Such insurance will be amended to provide coverage for multiple jurisdictions and other such indicated coverages (U.S. Longshoremens and Harbor Workers, Admiralty, etc.) as may be applicable. 3.2 Such insurance as will protect the Contractor for damages because { of bodily injury, sickness, disease or death of his employees apart from that imposed by Workmen's Compensation laws with such insurance having a minimum limit of liability of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease - Each Employee $500,000 Bodily Injury by Disease - Policy Limit 3.3 Such insurance as will protect the Contractor from claims from damages because of bodily injury, personal injury, sickness, ' disease or death. Such insurance as will protect the Contractor from claims for damages to or destruction of tangible property of others, including loss of use thereof. Such coverage shall include Broad Form Property Damage and shall not Include any XCU exclusions where applicable. The minimum limits of liability shall be: $500,000 Occurrence Limit $1,000,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising injury $ 500000 Fire Legal Liability i $ 5,000 Medical Expense 00800 1DTH3WP -2 ( i r ~R 1 l 1 protect the orauims of rany 3.4 damages arising as will owned, non-owned or hired vehicles. Mi ninedimits of liability for bodily injury and property damage comb shall be not ess than =500,000.00 each occurrence. 3.5 Property insurance upon the entire work, including materials not in place at the site to the full insurable value thereof. All Risk Builder's Risk Insurance shall include the interests of the Owner, the shall includes butanotrbenlimiteduto, thecperilsnof + the e work ' fire, lightning, flood, collapse, windstorms hail, explosion, riot, civil commotion, smoke. Builderfs,Riland sk insurance,shaliabesm and malicious mischief. T endorsed to permit occupancy Prior to completion of construction and prior to acceptance by the Owner. A copy of the Builder's and Risk Policy daylnoticeiofdcancellation~of policyaprovision. a thirty (30) insurance if such equipment is 3.6 Steam boiler and machinery operated for other than test purposes prior to final acceptance of the interestsrofbthehSub subcontractorsUinntheswork.include the Paragraphs 3.3 and 3.4 above amended to afford shall be The insurance required by tcoverage fork 3. Products Liability and/or Completed Operations, Blanket Broad Form Contractural Liability, specifically covering the indemnification assumed by the Contractor under this agreement. Watercraft or aircraft liability, whether owned, non-owned or hired, shall be included. Such insurance as is required under this Parinrthe 3 shall be written so on, that the Owner will be notified in writing, en cancellati such restrictive amendment or non-renewal at least thirty days prior action. f1 ed with the owner prior to thefcommencement of thesrwS k. shall be The stated it lshall be insurance ONLY and and limits any combinationuofebasiceleimitsiand lumbrellaalimits. InPanycevent,tther any c Contract from or ~onnectedlwithsoperationsounder thisecontractgwhether.orenottsaid losses or are covered by insurance. The owner's acceptance of Certificates of loss 1 with the Contract requirements insurance that in any respect do not colrtp y does not release the Contractor from compliance herewith. 00800-3 1DTNUR s The Owner and Contractor waive all rights against each other for damages fire or other perils to the extent their interests are covered by caused by have to the insurance under this Section, except such rights as they Say proceeds of such insurance when held by the S Owner as Subcontractors trustee. the and Sub- contractor shall require similar waivers by subcontractors. 4. RESIDENT PROJECT REPRESENTATIVE: The Owner will provide an inspector during the construction phase of this project. completion In the event the Contractor fails to attain 5. LIQUIDATED i~ of the entire Q J withhold money permanently time set forth in the Proposal, the owner may from the Contractor's total compensaensesaformengineering services. The completed liquidated damages and for added exp Owner will aeltheed le judge as to whether the work has been P within the time. 6. SUBSTITUTE MATERIALS OR EQUIPMENT: Not Used. { f seek a deviation 7, SHOP DRAWINGS AND Drawings be ee ma strict compliance with by requesting a Change Order or field Order. All approved Change p Drawings. . All Orders and/or Field Orders shallexecuted rstatement by the Contractorsset Shop Drawings shall bear duly ~ ' forth hereinunder. ! THIS SHOP DRAWING HAS BEEN REVIEWED AND DETERMINED TOTME IN CCMPLIANCE WITH CONTRACT DOCUMENTS INCLUDING PLANS AND SPECIFICATIONS AS Mpp1fIED BY AODENDA, CHANGE ORDERS AND FIELD ORDERS CONTRACTOR BY DAT E a nt and prior 8 Correction Period. if , after the approval of final p Y ' r thereafter or such longer period of time as , to the expiration of one yea the terms of any applicable special guarantee M be prescribed by law or by , and raey quired by the Contract ~w{out cost torOWNERfanddinoaccordance defective it CONTRACTOR shall promptly, either correct such defective Work, or, OWNER's written instructions, 00800-4 IDTN3WP I L 1 1 has been rejected by OWNER, remove it from the site and replace it with non- defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional + professional services, shall be paid by CONTRACTOR. I Nothing in the above paragraph concerning the correction period shall establish a period of limitation with respect to any other obligation which I Contractor has under the Contract Documents. The establishment of time period relates only to the specific obligations of Contractor to correct the work, and has no relationship to the time within which his obligations under the Contract Document may be sought to be enforced, nor to the time within which proceedings may be commenced to establish his liability with respect to his obligations other than to specifically correct the work. This correction period shall be covered by the extension of the Performance Bond. END OF SUPPLEMENTARY CONDITIONS f I I r 00800-5 IDTN3WP Federal Aviation Administration Mandatory Contract Provisions DBE REQUIRED STATMMWS - 49 CFR PART 23 > This section applies to all non-construction and construction contracts. Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CYR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CPR Part 23 apply to this agreement. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in ' accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors all not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. INSPECTION OF RECORDS 49 CFR PART 18 ' This section applies to all non-construction contracts and oonstruction contracts. The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. 1 1 1 rocures or csrtify to the above. if the con rodu t ornaervice of a foreign subcontracts for the supQ1Y o! any p ro ect, tae Federal Aviation country on said lisdirectuthrough the Sponsor cancellation of the Administration say contract at no cost to the Government• if avardsd a contract rurther, tae contractor agrees that, rats this resulting from this solicitation, it will incorpo The contractor say rely on the provision llarsr tiorisutbiccntYacatsut modification in each contra and in all a prospective subcontractor unless it has e tast the certification is erroneous. The contra or certification of sponsor if the shallsd9 iate written notice to the mat of a shall provide im~d that its certification or subcontra isnrns me erroneous subcontractor was erroneous when submitted or has ed circumstances. The subcontrat or itreees to by reason of Chang provide writtsni=~cat tc the contractor 1! at any ion was erroneous by reason of changed that its cert ' circumstances. n which This certification is a material representation of fa lupon which when making the award. If it is later i reliance was placed I determined that the contracttohre Fedsubc Aviation Admini tretton say the Spo contract or • an erroneous certification, direct through nsor cancellation o! the subcontract !or defau't at no cost to the Goverment. contained in the foregoing shall be construed to require Nothing in order to render, in good "tablishe ertificat one required byt his provii o •t ' e no lit faith' rson in the ordinary and information of ssessed by ra prudent pe which is normally po course of business dealings. the making c o false, This csrf the United S as s o! aAmerica aA tae i= riri tae alke, agency o or fraudulent certification may United states Cods, section fictitious, s~jeCt tc prosecution under Title 18, 1001. CIVIL RIGHTS ACT Op 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQU1R~NTS section applies to all non-construction contracts and This construction contracts. the contractor' for During the perfondanca of this contract, hereinafter itself, its assignees and succea yeas as follows t referred to as the "contractor"1 g 3 . 1 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for % noncompliance. Provided, however, that in the event a contractor 1 becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the.Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such { litigation to protect the interests of the United States. I AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS This section applies to all non-construction and construction contracts. The contractor/tenant/concessionaire/lessee assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no parson shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. 5 . '1 work is performed. The wage determination (including any additional classification and wage rates conformed under by Davis-Bacon and Sits (1) (11) of eeeatiall and the shall be posted nent and accessibletplace where it canfeasily be seen by rthe workers.. (ii)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to b• employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been meet: i (1) The work to be performed by the aclassif clamication ine the age determinations; and (2) The classification is utilised in the area by the construction industry; and (3) The proposed wage rate, including any the benefits, ~ ratess coa reasonable ntained in re relationship fringe the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent the by the contracting officer to the Admiinistator ooa~ Wage and Hour Division, Employment paStandard Administration, U.S. Department of Labor, authorised or D.C. 10210. The Administrator, representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OKB Control Number 1215-0140). (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree on the proposed classification and wage rate (including 7 1 . ' k \1 i an apprentice, trainee, or helper, employed or working including any on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration a or may, after written take such notice to the contractor, sponsor, cause the suspension of any further action as may be necessary payment, advance, or guarantee of funds until such violations have ceased. (3) payrolls and basic records- (i) payrolls and basic records relating thereto shall 5 j be maintained by the contractor during the course of I the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, hi id or her correct of wages pad including ratesaofic ntributi ns or costs Y anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the oavis-Bacon Act), daily and weekly number of hours worked, deductions made randd a tura~d uncle s 2paiid.. has CPR Whenever the Secretary 5.5 (a) (1) (iv) that the wages of any laborer or or mechanic nic ted include the amount of any costs reasonably antici described in providing benefits under a plan or the in section l(b)(2)(B) of the Davis-Bacon Act, contractor she nsuch benefits is enforceeable, thaat I commitment to provide responsible,, and that ' the plan or program is financially repo the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the coecs anticipated or the actual Contractors inncur ed emplo in providing such programs shall apprentices or trainees under approved maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and waogeed rates t~ ~ O!lbe of the applicable programs. (APP under OMB Control Numbers Xanagament 1590140 an an Budg17), 12 (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy as all payrolls to the applicant, sponsor, or owner, the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely af the 5informa io) required to be maintained under paragraph . any form above. This information may be submitted in desired. Optional Form WH-347 is available for this 9 I 1 or shall permit such represetheijob• t If ithervicontractore during working hours on ired records or to make subcontractor fails to submit fncy says attar written notice edq available, the Federal agency ant take such to the contractor, sponsor, applic or owner, of any psnsofn funds. action as may be necessary to c= se qua= an m tee further payment, advance, required records upon gurthermore, failure to submit the request or to make such records 2vaila le12ay be grounds for debarment action pursuant (4) Apprentices and Train !entices will be permitted to work ( ) Apprentices. APidstarsinrd rats for the work they at less than the P performed when they are employed pursuant to and individually registered in a bona fide apprenticeship t of Labor, ~ program registered with the ministration, Bureau Labor, Employment and Training a State Apprenticeship and Training, or the witit1h Bureaus or if e Apprenticeship Agency recognized by person is employed in his or her first 90 days of Probationary employment as an apprentics in such an apprenticeship progzas, who is not individually registered in the program, but who has been a Stags Apprenticeship and Training or by the Bureau of onn P where appropriate) to bs eligible Apprenticeshhi I p Ag cY ( as an apprentice. The for probationary employs* ices to journeymen on the job, allowable ratio of appren eater site in any craft classification shall not be 9r program to Any than the ratio permitted to the contractor entire work force under e egisteentic wags rate, worker listed on a payroll tated who is not registered or Otherwise emPtoYb as applicable s wage above, shall be paid not lass than the accllassification rats on the wage determination for the any apprentice any of work actually performed. In addition, work on the job site in excess of the ogram shall be paid ratio not permitted under the registered pr applicable wags rate on the wags less than the performed phart a determination for the work a tructgon a project in contractor is performing am rOgraa is a locality other than that wage which (exprog in registered, the ratios and n's hourly rats) specified percentages the 's o Journeyman's registered in the contr ractors or Every apprentice must be program seall be observed. ified in the paid at not gles than the ram for the ra sapprentpiceis level of progressed Prog ercentage of the journeymen hourlyzess, rata expressed as specified a i the applicable wage determination. Apprentices shall be paid fringe benefits apprenticeship etr in accordance with the provisions of the app 11 - 1' (iii) Equal Employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive order 11246, as amended, and 29 CFR Part 30. (5) Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) subcontracts. The contractor or subcoytractor shall insert as t the Federal 5.5m) (1) in any subcontracts and such cothers clauses contained through (10) by appropriate instructions require, and also Administration may Y a clause requiring the subcontractors to include these clauses in any lover tier subcontracts. The subcontractor or lower tier responsible for the compliance by any subcontractor with all the contract clauses in 29 CFR Part 5.5. I ~ of the cont (7) Contract Termination: Debarment r h. (1A breach this sect on rand j +I clauses in paragraph (5 of the next section below may be I grounds for sptermination through ( ) the ~ gof the contract, and inr29 C~asa~ent as a contractor and a subcontractor as prowi J (nand with Davii-con interpretations ofd thelDavis-Bacon Sande R lated 1 All rulings Acta contained in 29 C!R Parts 1, 3, and 5 are herein incorporated by reference in this contract. Labor Standards. Disputes arising out of (9) Disputes Concerning the labor standards provisions of this contract shall not be of th contract. disput•stshall be nreeral solved pineaccordance withithe proceduresuof the Department of Labor sat forth in 29 CFR Farts 5, 6 and 7. Disputes within the meaning of this clause in ludra di% tes the ' contracting the agency, contra the U.S. Department of Labor, or the employeas contr or their representatives. (10) Certification of Eligibility. (i) By entering into this contract, the contractor certifies that i::lther it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded riled Davis nment contracts by virtue of section 3(a) o Act or 29 CFR 5.12(a)(1). 13 1 1 EQUAL EMpWYXEXT OPPORTUNITY - 41 CFR PART 60-1.4(b) This ssctiom applies to all construction contracts greater than 410000. During the performance of this contract, the contractor agrees as follows: to se 1. The contractor entlbecausesofiracs eco or. nsreligieon,, sex, i ion or applicant for enployn ~ or national origin. The contractor will taankde thatira~lcyewa are to ensure that ppo cants without regard to their race, color, treated during employment r n national origin. Such action shall include, but religion, sex, o not be limited to the followiinngtion, or transfers recruitment or fitv upgrading, advertising; layoff or termination; rates of pay or ~ recruitment employment, other forms of compensation; and selection for training, including ~ apprenticeship. The contractor agrees to post in conspicuous to nt, places, available to employees and applicants for oe o this notices to be provided setting forth the provisi nondiscrimination clause. ~ 2, The contractor will, in all solicitations or or on behalf. of the contr stater thatloall quplaced alified applicants will receive ontraactorctorr ~ , employment without regard to race, color, religion, sex, considerations or° national rigin. The contractor will send to each labor union or representative of workers with which he has a collectivtbae to be agreesent or other contract or understanding, provided advising the said labor ;anion or workers' representatives shall post to employees of ies of the notice in conspicuous epld essavailablent and cop and applicants for employment. 4. The contractor will comply with all provisions of Executive order 11246 of September 24, ig65, and of the rules, regulations, and relevant orders of the Secretary of Labor. ro 5. The contractor will furnish all information and rand required by Executive Order 11246 of September 24, 19650 or rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the S~ancae with abor for purposes of investigation to ascertain comp rules, regulations, and orders. or with any of the said 6. in the event of nondiscrimination clauses ofbthis contractor's 15 i a d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race);. 9 Asian and Pacific Islander (allo the rsons having gar East, origins in any of the original peoples southeast Asia, the Indian subcontinent, or the Pacific Islands); and all persons a American Indian theaoriginalipeoples of North identifiable tribal affiliations having origins maintaining any of America hrough amember hip and nd participation or community t 1. identification). Whenever the contractor, or any subcontractor at any tier, 1' portion of the work involving any construction subcontracts include in each subcontract in excess trade, it shall physically specifications and the Notice of 510,000 the provisions of these spe and femals a licable goals for minority solicitations from which co tionnsandhwhic p is sat forth in the solicitations from which this contract resulted. (pursuant to ~1 CgR If the contractor is participating (P 3. roved by the U.S. Department of Laboor) in a Hometown Plan app or through an asc in the covered area either obligations on all wobrhk the plan non, area its (including goals and timetables) shall able to Plan. ontractorss shallh be ve unions in the Plan for those participating with that s participating their participation in and compliance to provisions ons e provisions of any such Hostirtown Plan. Each participating in an approved plan is individually required to subcontractor comply with its obligations under the EEO clause and faith to each a good faith effort to achieve each Teoal overall under good the in each trade in which it has employs". covered contractor's or performance by other contractors or subcontractors toward a goal in an approved plan doss not excuse faith efforts to achieve the p~ogoals ands tifailure to metables. take g goo 4 The contractor shall implement the specific affirmative , action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation offrom the which this contract resulted are expressed as Percentages and feale total hours of employment and training of minority utilization the contractor should reasonably be able to achieve 17 1 1 - I i i I and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, ; and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor say have taken. d. Provide immediate written notification to the Director when the union cr unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its j obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EI:O obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any 19 l 1 n. Ensure that all facilities and company activities are nonsegregated except that separate or single user- toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to contractor associations and other business y asand sociations. P Conduct a review, at least annually, of all • supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. S. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or sore of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, loyment of minorities and women in thas he a industry,eensuurre on the every that minority Bandsfemof the ale workforce arparticipation, , makes a good faith effort to wet its individual goals and timetables, and can provide access to documentation which downstratss the e effectiveness of actions taken on behalf of the contractor. The obligation group to flfillnan obligation shall not be a defensea such a for the contractor's noncompliance. g. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both sale and fesale, and all woman, both minority and nonsinority. Consequently, the particular group is employed in a substantially disparate saner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The contractor shall not use the goals and timetables or affirmative action use of race, colorer religion, discriminate sex, or natioal origin. parson because 21 L `y 1 NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS - 41 CFR 60-1.8 This section applies to all construction contracts greater than $100,000. 1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a federally-assisted construction contract i exceeding $10,000 which is not exempt from 'the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective 1 subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIRmaxTS FOR CERTIFICATION OF NONSEGREGATED FACILITIES This section applies to all construction contracts greater than $10,000. 1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction r contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS AND THEIR SUBCONTRACTORS ("PLICABIE TO FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE) 23 NOTICES TO aE POSTED PER PARAGRAPHS (1) AND (3) of THE EEO CLAUSE - 41 CFR PART 60-1.4(b) This section applies to all construction contracts greater than $100000. Equal Employment opportunity is the Law - Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No. 11246 Title VII Of the Civil Rights Act of 1964 - Administered by: The Equal Employment opportunity commission prohibits discrimination Colore National Origin hiring hall of 25 or more members, by Organizations with a Em Joint Labor-Management Committees for Apprenticeship Agencies, and d by by ~ or Training. Any person who believes he or she has been discriminated against should contact: r The Office of Federal Contract Compliance Programs U.S. Department of Labor Washington, D.C. 20210 Ei CONTRACT woRKHOURS AND 2 SAYM STANDARDS ACT REQUIRE CMM nis section applies to all construction contracts greater than *10f000. ' (1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall chmen and guarder permit any such laborer or mechanic, including owat n such work u work in any workweek in which he or she is employed to in excess of forty hours in such workweek unless such laborer or not less one a mechanic receives compensation at for all hours worthhanin excand one-half times the basic rate of pay of forty hours in such workweek. for Unpaid Wage,*; Liquidated Daea9«• In (2) Violations Liability the event of any violation of the clause set forth in paragraph ' abov4s, the contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor tt,.e District States o! Columbia e case and subcontractor o done c under shall contract liable fo to of wo or a territory, to such District or to such territory), for liquidated 25 1 I 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation Goals for for each trade female participation in each trade 18,2% 6.9% r These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With h regard to this second area, the contractor also is subject to the { goals for both its Federally involved and nonfederally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 ■hall be based on its implementation of the Equal opportunity clause, speoitic affirmative action obligations required by the specifications ■et forth in 41 CPR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive order, and the regulations in 41 CPR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is nationwide. 27 I r - - - T - 1 ~ I Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issuedthereunder7 C* That, as a condition for the award of this contract, thecontractor or subcontractor will notify the awarding official i ofthe receipt of any communication from the EPA indicating that afacility to be used for the performance of or benefit from i i~ thecontract is under consideration to be listed on the EPA List ; ofViolatinq lacilitiest d. To include or cause to be included in any construction contract or subcontract which exceeds 100,000 the aforementioned criteria and requirements. i (!or construction contracts greater than $2,000, insert the appropriate wage rata decision as the next page in the contract.] Il 29 U.& Department of Labor 1 TXSO-45 Concrete Paving Sax 6.95 Concrete Paving Spreader 9,35 Sllpform Machine Crane, Clamshell, 5aekh0a, Derrick, 8.00 , Dragline, Shovel (less then 1 1/2 CY) 9.25 Crane, Clamehe1•1, BaCkhoe, Derrick, i Dragllne, Shovel (1 1/2 CY 8 Over) 10.40 Crusher or Screening Plant 6.15 Elevating Grader 8.30 Foundation Drill Operator (Crawler Mounted) 9.50 3 Foundation Drill Operator (Truck Mounted 10.*0 Fountain Drill Operator Helper 8,60 Front End Loader (2 1/2 CY d ices) 8.45 Front End Loader (Over 2 1/2 CY) 9,55 Hoist (Double Drum 6 less) 9,00 ` Mixer (16 CF 3 Less) 8.15 i Mixer (Concrete Paving) 9.20 Motor Grader Operator, Fine Grade 10.15 Motor Grader Operator 9.65 Planer Operator 9.10 Pump Crate 6.00 Roller, Steal Wheal (Plant-Mix Pave- went) 8.30 Roller, Steel Wheal (Other-Flat Wheel or Tamping) 8.10 Roller, Pneumatic (Self-Propelled) 7.10 Scrapers (17 CY l Lass) 7.50 Scrapers (Over 17 CY) 6.95 Self-Propelled Hamner 7.00 Side Boom 8.70 Tractor (Crawler Type) 8.50 Tractor (Pneumatic) 7.75 Traveling Mixer 7.90 Trenching Machine, Light 7.00 TRUCK DRIVERS: Single Axle, Light 7.25 Single Axle, Heavy 7.43 Tandem Axle or Semi-trailer 7.50 Lowboy-Float 9.10 Transit-Mix 7.36 Winch 7.00 Vfbra w Operator (Hand Type) 7.00 WELDER 0.05 WELDER HELPER' 7.30 Unlisted classifications needed for work not included within the scope of the classifications listed say be added after award only as provided In the labor standards contract clauses (29 CPR. 5.5 (a) (1) (ti)). Vo(.A (June 22. 1990) 29B 1 Addendum No. 3 Specifications and,Contract Documents for AIRPORT INFIELD DRAINAGE for ~f The City of Denton, Texas 7 Bid Number 1143 , Deceber 7, 1990 i The AIRPORT INFIELD DRAINAGE project is being re-bid. The following items in the original Plans and Specifications are hereby revised. CnMifications: 1• Section 00010, Invitation for Bids. Page 1: The bid opening time and date is hereby revised to 2:00 P.M., January S, 1991. i 2. Section 00300, Bid Proposal: The entire Bid Proposal is hereby replaced with the attached revised Bid Proposal. 3. Section 01001,-General Construction Requirements, Page 1, Item 1.03 EXCESS EARTH: The following is added at the end of the item: f Such excess earth shall be placed within the full boundaries of the indicated OEx mss Exc&vation/Sil Ppi52 Areas* in conformance with S Section 2.6 cnors~ OF EXCAVATION AND F]iBANiO~IEENT. 4• Section EDUCT' BID ITEMS This item is deleted in its entirety and replaced OR D with the following: The three (3) areas of the project will be bid as three (3) different, distinct areas. Area I will have two (2) Additive Alternates. The scope of work in Area I will consist of the P,ase Bid for Area I along with one of these two Additive Alternates. The scope of work in Areas 11 and III consist of the bid items indicated for each in the Bid Proposal. The owner reserves the right to delete any area or areas from the scope of work and to use any combination of these tqualified e(bidder for 3) areas in order the award to ascertain the lowest, of the contract. Addendum Nu. 3-1 addanMoc IN 'i 1 1• Plan Sheet Number 1. 'General Notes, Quantity Summary and Index': The Quantity Summary is deleted in its entirety and replaced so that it reflects the changes to the new Bid Proposal. 2. Sheet Number 4. 'Drainage Area Nap': The table previously created in i Addendum No. 2 is hereby modified as shown in order to distinguish between the two Additive Alternates in Area 1: MIUA a DRAINAGE STR'v'*~►acc TO Bf RENOV e I I', 40 50 69 70 88 9A 10 II 11, 12, 13, 14, 15 1 16 111 20 i 21 ' Structure No. 1 will not be removed in Additive Alternate No. 2 but will be removed in Additive Alternate No. 1. 3• Plan Sheet Number 5. 'Area I. Plan 3 Profile Sheet*: coordinate shown at Inlet go. 2 is incorrect. It is hereby rThe n evised frog N 556.478.88 to N 556.470.88. 4• Plan Sheet Number 5, 'Area I. Plan i Profile Sheet': This sheet is intended to represent portions of the Base Bid for Area I and both Additive Alternates.. The Additive Alternates will be described by the following note, which is to be added to the sheet: The Base Bid for'Area I will include everything on this sheet from upstream of Inlet No. 2 at approximately STA 6+99 through Inlet No. 7 at STA 22+79,03, as well as alI of Sheet No. 6. Additive Alternate No. 1 will be the proposed 48' RCP improvements and 42' CHP removal shown downstream of,, and including, Inlet No. 2. Additive Alternate No. 2 eliminates the 48' RCP improvements and 42' CMP removal from Inlet No. 2 to Headwall No. 1. Instead, the existing 42' CMP will ruin in use from existing Inlet No. 10 downstream to existing Headwall No. 1. Existing Inlet No. 10 shall be removed and the proposed Inlet No. 2 will be relocated to the vacated location. 25 feet of 48' RCP P 0.3% slope will be extended from the end of the 48' RCP in the Base Bid (approximate STA 6+99) to the relocated proposed location shown for Inlet No. 2, .aa~ea ex Addendum No. 3-2 I 1 Elm: and Index': The 1, plan Sheet Number to 'General Notes, Quantity Suomry Quantity summary is deleted in its entirety and replaced so that it reflects the changes to the new Bid Proposal. The table previously created in 2. Sheet Number 4, "Drainage Area Map': du Additive Alternates mo ified as I~ in order to distinguish between Addendum the AREA ~..~.,.r ermwn~4ES TO BE REMQYfQ I.D. 1 1+11 40 58 60 70 8, 9 1 10 1 II 11. 12, 13, 14, 15 i 16 111 20 a 21 Adnot be ditive Alternate NoaAdditive Alternate No. 2 J will o be removed in will but I 3. Plan Sheet Number, 5. 'Area I, Plan i Profile Sheet': The northing i coordinate shown at Inlet mo. 2 is incorrect. It is hereby revised from N 5560478.88 to N 5560470.88. 4. Plan Sheet Number 5, 'Area I, Plan 8 Profile Sheet': This sheet is intended to represent Additive Alternates Bwillf be describednbybthe Additive Alternates. following note, which is to be added to the sheet: The Base Bid for*Area I will include everything on this sheet from upstream of Inlet No. 2 at approximately STA 6+99 through Inlet No. 7 at STA 22+79.03, as well as all of Sheet No. 6. Additive Alternate No. 1 will be the proposed 48' RCP improvements and 420 CMP removal shown downstream of, and including, Inlet No. 2. Additive Alternate No. 2 eliminates the 48 2 KP improve eats and 42' OW removal from Inlet No. to ll No. 1. Instead, the existing 42' CNP will remain in use from existing Inlet No. 10 downstream to existing Headwall No. 1. Existing Inlet No. 10 shall be removed and the proposed Inlet No. 2 will be relocated to the vacated location. 25 feet of 48' RCP 0 0.35% slope will be extended from the end of the e 49' nPloeathe proposed the (approximate STA 6+99) location shown for Inlet No. 2. Addendum No. 3-2 addonMoe t 1 1 ' 1 i 1 All other plan sheets retain intact and unchanged. These revised plan sheets will not be reissued at this time but will be distributed when the contract is awarded. END OF ADOElaIM NO. 3 RECEIPT OF THIS AMENDIM SWILL BE ACKNOKEDGED IN THE APPROPRIATE SPACE IN THE PROPOSAL I Addenduw No. 3-3 addenMoc City of Denton Texas Bid Number 1143 (Revised) BID (EMMO DEMON Texas JANUARY 8 , 19 41 PROPOSAL OF CBS MECHANICAL, INC. , i i A Corporation organized and existing under the laws of the State of TExaS , a partnership consisting of N/A 1 ~ 4f the business name of N/A an individual. I TO: CITY OF DENTON PURCHASING AGENT 901 B TEXAS ST. DENTON, TX 16201 PROPOSAL FOR: Airport Infield Drainage, Denton Municipal Airport in Denton. as shown an tKe Plans and covered with specifications and contract documents. The undersigned Bidder, pursuant to the foregoing Advertisement for Bids for AIP Contort, has carefully examined this Proposal, the forms of Contract Agreement and Bonds, the General Provisions, the Specifications, the Plans, and the site of the work, and will provide all the labor, superintendence, machinery, equipment, tools, materials, and services, necessary to complete fully all the work as provided in the Contract Documents; and binds himself upon formal acceptance of his Proposal to execute a contract and bonds, according to the prescribed forms for the following prices, to-wit: 00300-1 .ddmdiw no. l 1 I~ City of Denton Texas Bid Number 1143 (Revised) Item Spec. Est. Unit Bid Amount jig., em 2"111W Item _ Price AREA I- BASE 910 t 1. 02121 6 Ea. Remove Existing Grate Inlets. Junction Boxes and Headwalls for TWO HMRED SEVENTY SEVER dollars and No 1 cents per un t $ 277.00 $ 1662.00 jl 2. 02121 2 400 L.F. Remove Existing 1 Corrugated Hetal Pipe for TIEN = tars an sim cents per unit $ 10.60 _ S 225,460-00 j I 3. 02224 10825 L.F. 'Trench Safety System TWO dollars an 2.00 ; 3650.00 cents per unit $ 4. 02310 62 L.F. under the C Taxiway installed by o r~na for ~trT-- ONE 0 arS and No cents per unit S,1s1.0u f 11.222.00 00300-2 addeMum no. 3 1W~ - ,---s L t- i City of Denton, Texas Bid Number 1143 (Revised) Unit Bid Amount Item S_Jt L_ Eby ~S Items Pr aim 5. 02310 70 L.F. 42-Inch RCP Installed under the Taxiway by Boring for TWO HMRED THIRTY NINE 1 ars and cents per unit $ 239.00 $ 16,730.00 1 6. 02310 19 C.Y. Grout CMP under Runway or Taxiway for 0 arS an NO _ $ 140.00- $ 2660.00 Cents per unit ! 7, D-701-5.1 698 L.F. 18' RCP Installed by Open Cut for ZSrFNrY TWO o ars an _ • s 22,50 s 15,705.00 cents per un t ~I 8. 0-701-5.1 153 L.F. 24' RCP Installed by Open Cut for TWENTY NINE o lays and No cents per un t S 29.00 $ 4437.00 9. 0-701-5.1 127 L.F. 33000 RCutIf *alled by open THIRTY SEVEN aFS an cents per unit 37.00 $ 4699.00 00300-3 addandun no. 3 I of Denton$ Texas City r 1143 (Revised) Sid Nus~be knit Bid Amount item Spec• Est. ou --LUI` 4x 42 RCP Installed by 0-701-5.1 291 L'F• Open Cut for 10. arm an a 17 4 f,0.00 60-00 s~-- cents .per un t 1 524 L.F. 48' RCP Installed by 11. 0-701-5.1 OpcM------ p arm and r $ 7900 s 61.396.00 1 cents per un t I 1 Ea. 7' x 1' Junction BoX 12. D-751-5.1 for RO&Lr"Slkn NO 3600.OU s360 0~1 0, cents per un t 4 Ea• Grate Inlet for 13. 0-151-5.3 fREDD ars a ~ $ 22`` s _8B ° cents per un t 1 Ea. CH-11-B-15' Headwall 14. 0-752-5.0 for 42' RCP for ONE TROOSAn p 0 ars, an 1 1500.00 $ 1500.0 s~'- cents per un t SUBTOTAL [A1 BASE BID 151 061.00 AREA I ITE?15 1-14 s 00300-4 ,dd*MUM no. 3 c City of Denton, Texas Bid Number 1143 (Revised) Amount Unit Bid Bid Item Spec. Est. Items. %WIM ULU ~12 Ea. Remove Existing Grate 15, 02121 Inlets. Junction Boxes and Keadvalls for 1410 EUNDRED SEVENTY do Tars and 1 r $ 270.00 S 540 o cents per un t 16. 02121 L.F. CorrugattedsMetal Pipe for h o ars an EI- $ 10100 ; SG 0~0 cents per un t Trench Safety System , 17. 02224 4r L.F. for don ars an ~ 970.00 2.00 $ cents per un t 3 %C.Y. Rock Riprap Bedding for 18. 02271 FIP'PY :CVB dol ars an _NO-- 165.00 S 55.00 $ centS per unit - 19. 02271 6 C.Y. Rock Ri~prap for ars an x~~ no 00 cents per unfit 00300-5 addrAUM "0• 3 City of Denton, Texas Bid Number 1143 (Revised) unit Bid Amount Item Spec. Est•. Ite~ Price tem Qyanti3y. YnA 20. Plans 1 L.S. Relocated Threshold on Runway 35 for FIVE THOUSAND dollars and n t f 5.000.00 f 5.000.00 cents per unit' I i 21. 02310 175 L.F. 48-Inch RCP Installed under the Runway by Boring for THREE HUNDRED TEN do ars and N~ cents per unit = 310.00 $ 54,250.08 22. 02310 60 C.Y. Grout CMP under Runway or Taxiway for ONE HUNDRED THIRTY I ars and - cents per un t $ 135.00 $ 8100.00 23. D-701-5.1 485 L.F. O490 RCutlforalled by SpVENTY NINE -dollars an No 79.00 $ 38,315.00 Cents per unit _ 24. 0-151-5.3 1 Ea. Grate InletREDfor do ars an _ No cents per unit $ 220_.00 $ 210.00 00300-b addendum no. 3 4 City of Denton, Texas Bid Number 1143 (Revised) Item Spec. Est. Unit Bid Amount -KQA _ Item Qjlantity un-ij Item Price Bid 25. D-152-5.0 1 Ea. CH-11-B-45' Headwall for 48' RCP for M TAOVSMD dollars and No cents per unit 2,000.00 $ 2,000.00 SUBTOTAL (81 ADDITIVE ALTERNATE No. 1 IN AREA I ITEMS 15-25 115,530.00 ADDITIVE ALTFRMTE No. 2 26. 02121 1 Ea. Remove Existing Grate Inlets, Junction Boxes and Headwalls for TWO EM PM SEVENTY Collars and cents per unit S 2ty_ = 2~a.a0- 27. 02121 25 L.F. Remove Existing Corrugate) Metal Pipe for TEN do Ti and s= cents per unit $ 10.60 $ 265.00 28. 02224 25 L.F. Trench Safety System • for ars and No Bents per unit $ 2.00 $ 50.00 'I 00300-7 ` addendum no. 3 City of Denton, Texas Bid Number 1143 (Revised) Unit Bid Amount Item Spec. Est. Price Itei- %a~tw 0 Ite~a 29. D-701-5.1 25 L.F. ~nRCutlfotalled by EIGHIrY ONE do ars and No $ 81.00 s 2025,00 cents per un t , 30. D-751-5.3 1 Ea. Grate Inlet for TWO Wow, TNmm do ars and No I cents per unit $ 220.00 $_j20 -00 SUBTOTAL [C] ADDITIVE ALTERNATE No. 2 IN AREA Is 2,e30.00 ITEMS 26-30 AREA It Excavation 1 I 31. F-152-4.1 4,225 C.Y. for TWO TWO do Lars and $ f 2.20 9295.00 cents per unit 32. 02121 6 Ea. Remove Existing Grate Inlets, Junction Boxes and Headwalls for TWO li MRED SLXTr- dot ars and No cents per un t $ 260.00 $ L560.00 00300-8 addendum no. 3 17 I 1 City of Denton, Texas Bid Number 1143 (Revised L - Unit Bid ArauWnt 1r Item Spec• Est. ~ Item --UL -Ru --Uw - Ouanti 33. 02121 20675 L.F. Remove Existing Corrugated Metal Pipe for ~vsl~ do ars and 11.00 $ 29,425.00 cents per un t 34. 02224 10035 L.F. Trench Safety System for ONE I ars and JL. $ , 1.00 $ 1035.00 cents per un t ng for 35. T-901-5.1 1.8 AC SeFrVE THOUSAND F ars an . 5000.00 $ 9000.00 per unit cents 36. 7-904-5.1 1,156 S.Y. Sodding for FOUR do an an x~ 4.00 $ 4624.00 cents per un t SygTOTAL [01 AREA II $ 54.L939.00 ITEMS 31-36 00300-9 addandiw no. 3 City of Denton. Texas Bid Number 1143 (Revised) Amount Unit Sid $ is Item Spec. E45tEs - 1t.~. 5~- i lassified Excavation 354 C.Y. for 37. ?-152-4.1 i o ars an`. m .00 $2.50- $_885- cents per unt r 2 Ea. Remove Existing Grate 36. 02121 Inlets. Junction Boxes and Headwalls for TO HMRED FIFTY f J~ o ars an m-_ I 2` 'oo s-~ cents per un t $ 39. 02121 190 L.F. C rvgatedslM tal Pipe for •F~ U07fa-rs-an-d-F-I-Fry _ $ 11.50 ; 9085.00 cents per unit - 555 L.F. Trench Safety System 40. 02224 for do ars and FIFTY $ 2.50 1138700 cents per T t 16 C.Y. Rock Riprap Bedding for 41. 02211 FIFTY P1YE • no ars an N~`_ = 55.00 s 880.00 cents per un t I 00300-10 addendum no. 3 1 i City of Denton, Texas Bid number 1143 (Revised) Unit Bid Amount Item Spec. jizL _ En~~,~anL;ty = lrnm ~ - - 42. 02271 32 C.Y. Rock RTYiprapGfTor i dollars and ' g`_ 3 3130.00 cents per Ur .T 43. 02310 69 L. F. undercthe Taxiwaylbyd Boring for x~n Tyr doTThrs and { 5210,00 614,490_00 ~ cents per unit 44. 02310 14 C.Y. Grout CKP under Runway or Taxiway for ONE HUNDRED o ars an 0.00 $145,00 $ 2030.00 cents per unit I 45. P-610-5.1 10 C.Y. Concrete Riprap for dollars and cents per unit $ 280.00 6 2800.00 46. 0-701-5.1 441 L.F. 18a RCP Installed by Open Cut for TWEM TBU o ars and NO $23.00 610,163.00 cents per unit - 00300-11 addeMUM no- 3 l City of Denton, Texas Bid Humber 1143 (Revised) Amount Unit Bid Item Spec. Est. Item -EdSg- J14L -,JUL, SY w 47, 0-701-5.1 411 L.F. 30' RCP Installed by open cut for THIRTY SEVEN do ars and cents per un t s 3_ $_11.,. 2 7. I Grate Inl 48, D-751-5.3 2 Ea. et for do ars and 0.00 r un t $ -2o.oa S`44_ cents Pe i 44. D-152-5.0 1 Ea. CH-11-8-150 Headwall for 306 RCP for NINE HUNDRED FIFTY f ars and . ± $ 950.00 $ 950.00 cents per un t 2 Ea. CH-11-9-45' Headwall C 50. D-752-5.0 for 30' RCP for ONE THOUSAND o ars and NO.- t $ loo`='oO $2000 -00 cents per UT, 51. T-901-5.1 0.3 AC Seeding for EIGflT•THOUSAND o ars snd NO_ $S000.00 $ 2400.00 cent-SP -er unit SUBTOTAL [E] AREA III ; 66,333.00 ITEMS 37-51 00300-12 add*Mm oo. 3 City of Denton, Texas 7 Bid Number 1143 (Revised) ~ (To be filled in by Owner at time of Award) AWARDED IF AuaQncnt ON AREA I BASE BID [A] f 151,041.0o ALTERNATE 1 [B] $ 115,530.00 ALTERNATE 2 [C] = 2,830.00 AREA :I BASE BID [D] $ 54.939.00 AREA III BASE BID (E] 66,333.00 TOTAL AWARD $ 390,673.00 Accompanying this Proposal is bid security payable to the City of Denton for percent EA o the total Dollars 5Z GAB which represents five sz caFa~s r g", bidder, unless in case of the~acceptancefOf.theapropos'altor iflthe bidderefailstto execute and file a contract on or before ten days after acceptance of said proposal. in which case the check shall become the property of the City of Denton, and shall be considered as payment for damages due to delay And other inconveniences suffered by the City of Denton due to the failure of the bidder to execute the contract. The City of Denton reserves the right to reject any and all bids. The Owner will act on this proposal within 30 days following the bid opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute the required Contract Documents and cake Construction and Payment Bonds for Vo full amount of the contract within ten days following the award, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. The undersigned agrees to substantially complete the awarded scope of work covered by these Contract Documents within Ja consecutive calendar days from the day established for the start of the work as set forth in a written Notice to Proceed to be issued by the Owner or by the Engineer for the Owner. Except by mutual agreement of the Owner 00300 addend= eo. 3 -13 1 1 City of Denton, Texas Bid Number 1143 (Revised) of work and of the contractor, the date established for the start days after the date ooflthe than ten (10) working days or not more than thirty (30) Contract Agreemw:nt. the award may withhold the timeasils to et forth tie thebProposals cth~e completion In the event thethinContractor con;,ansation a sum of $250.0 per scope of work wi 1 money permanently from the Contractor's total as liquidated damages and for added expense~TkrhasgdeEnrcnompletedcw day ithinhthe owner will be the sole fudge as to whether the allotted time. Receipt is acknowledged of the fallowing addenda: xcS ~ Addendum No. 1 .UL Date of Receipt: 9/12/90 Received by: `'s -hcv Addendum No. 2 YES Date of Receipt: 11 5 9o Received by: H s_. YES Date of Receipt: 12/_ 1,_ Received by: MCSS + Addendum No. 3 . Respectfully submitted. CBS H-KC8ANICAL9 INC. By 5 HIKE C. SC8IAFMAN, VICE PRESIDENT Address: 50,01 W. UNIVERSITY DRIVE TE7US 7 201 DENT 817-387-7568 (SEAL) if; Bidder is a Corporation Date: JAnMY 8, 1991 i 00300-14 addenduw no. 3 i Tr T, r-uov THE AMERICAN INSTITUTE OF ARCHITECTS AIA pnane A)10 Bid Bond C.B.S. MECHANICAL, INC. wow Au µm V THESE 76201 5001 ~mnlMteftsaM~iirhinripl'ani HARTFORD MAsS.U..ANdLTY RACE W 0bWdr dIiMOW CO. Is rrintfpal, I R.Q. Box 927,.Oalias, TX 1522 Indiana ~ ~sr dr Ia■+s e1 dra f~aMa of ls • ot'°" dvk °'1ad b Swe~ri aim hold awl Brr M~co.., " .r rr.... rs+.a. e..a CITY OF DENTON, TEXAS ` dw Obliaa• N Ow aro ei Five Percent of the Greatest Amount i ~OMWer - - - - - - Asa 5` G.A.B. 1. Bid - - - - - aai VA 1M* tt be aria, ~ ~ R~ iedlr ►y { is d~ Per" mss, ad~w~ as and we~1e. ai a bid fM M.+r am =n .r ~+w 4d wa+r W14 REA dw 1hM~c mial Bid 11143. - Addendum 13 Airport Drainage Re-Bid 0,6 !**d Y wow No a Gove" 00 wo of 00 0*00 "d be "no" In aw W&R3 ad 1w ON POMP ;W` at"~~~ rs May, dr ui.+ r Up k00 00 .1 :0 wA !r~'aew•al M MR et M er 1~ M fo go Wet od aa 0" to twow" or may, ~,.aa a►.m.aa Mead boom" M a>/~~ M w mw ar 1091 MYMwt~~ 8th dw January f~wA ~W Oft C.B.S. MECHANICAL INC. c (lraaa~ 8 SEYH S. ROY, PRESIDENT O. B W. Lavrrence B Attorney-in-Fact uw~wowao.#Afe• x ' a MAI r_ W1. AWL W I 1 I CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this S day of MARCH A.D., 19 91 by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. RARRELL thereunto duly authorized so to do, Party of the l First Part, hereinafter termed the OWNER, and CBS ROOFING SERVICES, 5001 BEST i A DIVISION OF CBS MECHANICAL, INC. UNIVERSITY DRIVE DENTON TEEAS 76201. f ~ f of the City of DENTON County of DENTON And State of TEXAS , Par!, the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements j hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith,' the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID #1162-REROOF CITY OF DENTON MUNICIPAL BUILDING in the amount of $137,372.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertiseeent for Bids), Instructions to Bidders, and the Performance and Payment bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ARMRO DMUSTRIES INC. , all of which are made a part hereof and collectively evidence and constitute the entire contract. I l i \1111 I 1 CONTRACT AGREEMENT PAGE 2 OF 3 j SPECIAL CONDITIONS Independent Status i it is mutually understood and agreed by and between City and Contractor IJ{ that Contractor is an independent contractor and shall not be deemed to be or considered and employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. t Indemnification Contractor shell and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act ec Contractor, its officers, agents, smpioyess, invitees, and other persons for whir, it is legally liable, with regard to the performance of this Agreement, and Contractor will, t its cost and expense, defend and protect the City it of Denton against any and all such claims and demands. i i Choics of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County,. Texas. The CONTRACTOR hereby agrees to commence work cn or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General end Special Conditions. The OWNER agrees to pay the CONTRACTOR in currant funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. s w e PAGE 3 OF 3 CONTRACT AGREEK"T IN WITNESS WHEREOF, the Parties of these presents have executed this agreemnt in the year and day first above written. i ATTEST: CITY OF ENTO11 C party of F rst P OWN i - - - - - - - - - - - - (SEAL) ATTEST: A DIVISION OF CHSC CHANICALI INC. ~ lIG party of the SecPA~g~j~; ENT By Ti a JOD I OAK: AP4R6VID AS~ ~Cit ~ACtorneq 1 'lave and Ao,:rass of Agency City of Oenton Reference: Project Hare: Project N0: Phone Project Location: Managing Dept: Nave and Address of lnsund: Companies Affording Coverage: A PtWW C This Is to certify that: 1) policies of Insurance listed below have been Isswd and are in foe'ce at this tine., 2) The City of Denton Is listed as an additlomal Insrred as to all applicable coverage. Expiration Limits of Liability .eaten Type of Ins r s Pol i r to In Thous Comprehensive General Liability Occurrence - Occurrence Bodily Injury S - Claims Made (see Id-Page C1-a) Broad Forty to Include: Property Damage S - Premises/Operations _ - P, ti/Cs /CamgletedcOperations Bodily Injury and Property - Personal Injury Daps Combined S - Comtracteal Liability(see r3-Page CI-a) - Explosion and Collapse Hazard - Umdergrowrd Hazard - Ltauor LlaeIIiti Coverage • Fin legal Liablity (see 15-Page C14) - Brad Fore Property Damage - Professional Error /Omissions - occurrence - claims made (see t14age C14) Comprehensive Automobile Bodily in wry/Person Liability Bodily iniury/Accident - ' - Owned/Leased Automobiles Property mew $ Hon-omnd Automobiles Bodily Injury/Property - Hired Automobiles pope Combined S - Workers' satioe am Itatetory Amount "layers' :11 Ity S - Wwl' Protective Liability 7 F-tl*r Insurance Descriptlom of Operations/LocationsAthieles. Each policy shall re"I re thirty (30) days notice of cancellation, non-reae+ul, or mrterlal charge In coverage. (Sae 02, Page C14). I Mama and address of Certificate Holder. CITY Of 9ENTOM, TEXAS ruRCIVSING AGENT 901-8, TEXAS ST. oER10M, TEXAS 16201 csc nsviNrTlrnK OR PACE Cl a ATIMI". u 1 1 CITY OF DENTON MUNICIPAL BUILDING - OENTON, TEXAS - PAGE 1 1 PART 1 - GENERAL INSTRUCTIONS 1.1 QUALIFICATIONS FOR RIDDING: To qualify for bidding, each contractor is required to obtain a ' copy of the Bid Invitation, Proposal, General Instructions, Materials, Execution, Drawings, Contract Documents, and attend the Pre-Bid Conference at CITY SERVICE CENTER, 901-8 TEXAS STREET, CITY OF DENTON, DENTON, TEXAS. 1.2 BID BONDS: AN ACCEPTABLE SURETY COMPANY BID BOND or CERTIFIED CHECK for the amount not less than five percent (SS) of the bid amount shall accompany each bid. By "Acceptable Surety" is meant an Insurance Company licensed by the Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of City of Denton. The cheek or bond of each unsuccessful bidder will be returned within ten (10) days after the bid is awarded. FAILURE OF AN ACCEPTED BIDDER TO ENTER INTO A CONTRACT TO COMPLETE THE SPECIFIED STORK MAY CAUSE FORFEITURE OF HIS BID SECURITY. FAILURE TO SUBMIT PROPER BID SECURITY SHALL CAUSE REJECTION OF THE BID. 1.3 BOND AND INSURANCE SUBMITTALS: successful-bidding r -The ppropriatecertificates ofinsurance, l and the uexecutedfPanymentthe and Performance Bonds prior to starting the project. 1.4 INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted w and accepted by the City of Denton, h Owner, the ominimumm /insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shell be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s)shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicted, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: (a) Thirty (30) days advance written notice of material change or cancellation shall be given; and (b) The City of Denton shall be an additional nom d insured on all policies. i CITY OF DENTON MUNICIPAL BUILDING - DENTON, TEXAS PAGE 2 's Com •nsstion and Em toar's Liabilit This 1 1'4'1 Workman rotect the Contractor against all claims insurance shall p compensation lava. The 1 under applicable state workmen's comp for Contractor shall also be protectiwhichlafor any injury, disease, or death of employees reason, say not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: (a) Workman's Compensation - Statutory (b) ytployer's Liability - Statutory ~I 1,4,2 Com rehensivs Automobile Liabilit This insurance shall be written in comprehensive forEn and shall protect the arisingrfrom Contra:tor against alltclPrcpe for of others the public and damage use, ' the use of motor o~~dlenonowned,dorohiradhray whether they The liability limits shall not be leas than' { 1 (a) A combined single limit of $1,000,000. f This insurance shall be enral Liability: protect the 1.4.3 CoaprshsnsiveC written in comprehensive form and shall p r `aoiO° Property injuries uotherso contractor against all claims asebers of the public or damage arising out of any act or omission of the Contractor or i his agents, emploYees or subcontractors. or work under To the extent that the Contractor's worklosive conditions, his direction, may require blasting, explosive or underground operations, the comprehensive blasting, explosion, hollapseaof buildings, ortedamageetoo blasting, underground property. The liability limits shall not be less than: (a) A combined single limit of $1,000,000• 1 11 1 CITY OF DENTON MUNICIPAL BUILDING - DENTON, TEXAS - PAGE 3 1.4.4 Owner's Protective Liability Insurance Policy: This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: 1 (a) A combined single limit of $1,000,000. 1.4.5 Summary/Definitions: I~ Summary The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by A the Owner. Approval of the insurance by the Owner shall , not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Omer shall be given a certificate of insurance indicating that all of the above policies and tho appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sun& resulting from nay deductible provisions, corridor of self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not beiin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing Any notice to proceed that issued shall be subject to such approval by the Omer. 1 1 1 1 CITY OF DENTON MUNICIPAL BUILDING - DENTON, TEXAS - PAGE 4 Defin onss i Additional Insured: The City of Denton, its elected officials, officers and employees- and appointed to Worker's Compensation.) (This does not apply Each policy shall require I ' 2. Notice of Cancellation: io that thirty (30) days prr to the cancellation, non-renewal, or any material change in coversts,ia certif notice thereof shall be given to owner o mail, If the policy is cancelled for nn-pa5'~nt of premium, only tan (10) days written notice to owner is required. actual Coverage; (Liability assumed by the 3. Contr and would not otherwise exist.) contract or agreement' equirement shorn on the The contractual liability r h I reverse side of this Certificate mustninclude a der comprehensive General Lb`O:~ienough to provide definition of coverage the roil etor in coverage for obligations assumed by the referenced reVi~e~c " reThis quired Certificate fthe tgoverning Insurance is po contract. Required period of coverage 4. Claims Made Polie Form: foraule: will be determined by the Eolloring , ~he life of Continuous coveragfort coverage forhtha warrantyplus one (1) year (to provide period for a minimum period), and a extended discovery p of five (5) years which shall begin at the and of the warranty period. Fare hest' Liability (Required in all contracts that 5• construction or alteration or invoivs the o (where applicable) and pers►anently buildings, connttentents s ( damage to ' installed equipment with respect to property structures or portions of structures if such damage is caused by the peril of fire and due to meta erations of the contractor. Limit of Liability minimuwa of $500,000• , 6. The term c~is'shall include asionls, l depaauthoritiertmentss, boards, bureaus, and individual members, and offices of the owners, employees, and agents thereof in their Official capacities, and/or while acting on behalf Of the owner. 1 1 F PROJECT •1162 PAGE 1 OF 5 PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL, INC. NAME OF BIDDER: 1 DATE: NOVEMBER 6, 1990 i MRS. DENISE HARPOOL, PURCHASING AGENT CITY OF DENTON 901-B TEXAS DRIVE DENTON, TEXAS 76201 Dear Sir: I The undersigned, in compliance with your advertiseaent for Bids for Reroofing on certain areas of the following building: CITY OF DENTON MUNICIPAL CENTER have examined the Drawings and Specifications, tnether with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents with the time not forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. WWWWO Attached herewith, plessa find i (Bid Bond) in the amount of $ 5% G.A.B. five percent (52) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA fl: 10131/90 (Initial) ADDENDA f2: N/A (Initial) ADDENDA f3: N/A (Initial) ~I PROJECT #1162 PAGE 2 OF 5 NOTICE TO BIDDERS I I Sealed bid proposals addressed to the City of Denton, Purchasing Department, I 901-B Texas Street, Denton, Texas, 16201 will be received at the office of the Purchasing Agent until 2:00 p.m., November 6, 1990. I BID# 1162 - REROOF CITY OF DENTON MUNICIPAL BUILDING BID# 1163 - REROOF CENTRAL FIRE STATION BID# 1164 - REROOF FIRE STATION 04 SHERMAN DRIVE BID# 1165 - REPAIR ROOF FIRE STATION #2 MCKINNEY STREET There will be a mandatory pre-bid conference on Monday, October 29, 1990 at f 10;00 A.M. in the Purchasing Department conference room located at 901-B Texas 1 Street. Bid Specifications will be distributed to qualified prospective bidders at that time. The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. i All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within 60 days from and after the date of the bid opening. Each bid must be accompanied by a cashiers check, certified check or acceptable bidders bond payable without recourse to the City of Denton, Texas in a amount not less than five (5x) will enter into a contract and execute a performance bond, payment bond, and the required insurance certificate and owner's protection policy within fifteen (15) days after the notification of the award of the contract to the bidder. No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in any contract with the City of Denton. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton, Texas projects. CITY OF DENTON, TEXAS Tom D. Shaw, C.P.M. Purchasing Agent This advertisement to run OCTOBER 14 b 21, 1990 1 PROJECT #1162 PAGE 3 OF 5 PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING I CONTRACT DOCUMENTS! Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for Project #1162 and Conditions for Reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, a;.1 other facilities, and to perform all work for the said Reroofing for the following facility: ROOF AREA A (FOR BUDGET PURPOSES ONLY) EIGHTY NINE THOUSAND TWO HUNDRED FOURTEEN AND N0/100------- $89,214.00 I ROOF AREA A (IF DESIGNATED ELECTRICAL PANEL HAS BEEN REMOVED) i' EIGHTY NINE THOUSAND TWO HUNDRED FOURTEEN AND N01100----- $39.214.00 I ROOF AREA B (FOR BUDGET PURPOSES ONLY) THIRTY SIX THOUSAND SIX HUNDRED SIXTEEN AND NO/100 $ 36,616.00 ROOF AREA C (FOR BUDGET PURPOSES ONLY) ELEVEN THOUSAND FIVE HUNDRED FORTY TWO AND NO/100--------- $ 11,542.00 $137,372.00 NOTE: ROOF AREAS A, B, AND C TO BE LET AS A SINGLE PROJECT UNIT PRICE PROPOSAL: 1. Remove and replace damaged decking: 8.00 per square foot. 2. Remove and replace deteriorated nailer s: $ y per linear foot. 3. Install 4 inch Josam Roof Drain: $ 800.00 each. 4. Additional cost over and above the contract amount for weekend or overtime requested by the Omer: 18.00 per man per hour. } QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's company name of materials being bid on. Coal-Tar Membrane: HYLOAD Felt: TAHKO Bitumen: COKE t , PAGE 4 OF 5 PROJECT #1162 PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING E?(AMINATiON OF SITE: 3. By signing the Proposal Form, Contractor acknowledges he SITE- ;n authorised representative has examined oof drai~:s, the roofs and is Or ~ re of all field conditions equipment, penetratio:is, r awa I etc,) which may project- Tex TAXES: 4. Tax Exempt Numberl=1472211_Oshall be used on this should not be included in your bid. 30) days of the tance of this bid, within thirty ( within ten of notice of steep Upon receipt contract date of this proposal, I (or we) agree to execute the formal and to deliver a SURETY BOND in the amount of ONE HUNDRED (!0) days thereafter , rformance of the contract, RCENT (100x) of the contract price for the faithful pe V and a ONE HUNDRED PERCENT (100x) STATUTORY Y p PAYMENT BOND. PE drawSngs and in the I The undersigned agrees to compleite mi atlsl se wot frkor shthown belo oow s n the drawings and in the weather and/or otherubj specifications within the time l tified le ~ that may be added due to ib lapproved by the Owner. J down extensions or time as may it to immediately wilmml edi ialtleuslytrsaitte how contractors that are awarded contracts shall be Prepared within of all work with City of Denton Representatives and Present c a om plan t that progression of work is to take place to insure p follows: time limits. The time limits are as leted within thirty-five ro ect, project must be comp et forth in the L J enalty as s if a contractor is awarded the p (35) calendar days or contractor will be subject to p specifications. HILL HE KEPT IN THE CITY OF DEN'TON'S DIRECTOR O TISE OFFICIAL WEATHER RECORD DOLLARS [ MAINTENANCE'S OFFICE that the owner may retain the sum of THREE HUNDRED DO ay day and l,at The undersigned agrees be aid to the undersigned for each calendar remains incomplete beyond the time set forth, ($300.00) from the the work contemplated Holidays INCLUDED. liquidated damages whin This amount ista :greed upon as the proper me u undersigned to complete the owner will sus in per da ktile the y failure of t he a penalty. y b stipulated time, and is 'tot to be construed in any sense as ~ 1 i PAGE 4 OF 5 PROJECT 11162 AT CITY OF DENTON MUNICIPAL BUILDING pROpOSAL: REP. OOFING Form, Contractor is the Proposal examined the roofs and By signing roof drains. perk SITE: 3' repreaentetive has enetrations, loN SIAKINAIdg OF author iZ(,,,ftop equipment, acknowledges he or an field conditions this prOje°~' Tax aware of ally aEEect the work' used on i 1 etc.) which 1_75_1472271.Oshall be Tax Exampt Number r`~ days of the in your bid. thirty (30) TAXES' 4' be include8 bid, within contract within ten should not a of this the formal mount 0j ONE HUNDRED f acceptance to execute amount of t of we) agree •I'L BOND in the contract, ceip notice o (or Upon To roPe sai, I deliver a SURE faithful performance of the date of this P to for the s thereafter, and rice PAYMENT BOND. and in the PERCENT (100x) °f the ENT (100%) 'iATUTORY s s DRED PERCENT the drawings i shown and a ONE HUN s to compllfaits lsatr r f° and/th be 01% The unde daandtreasonable l oowther sub ~ustifie rsigned wialraethin the time ,t teache , specifications due to incleme the Own et' down be added as may be a4Vroved by to immediately sit that may or time re pared will illustrate how extensions shall be P lan that work within that are awarded ccntrac`nd present ° plan of all Contractors aPrasentative to insure follows: with City of Dan ton taws place re aS C comp o work i s to time limits a completed within ~ the t be pro& ifie time limits. spec fed "a p royect, Project mco penalty as set forth in or is awarded will be subject a cons contractor IS DIRECTOR OF If days or WILL BE KEPT 1N THE CITY OF DENTON specifications. THg OFFICIAL WEATHER RECORD that OFFICE. sum o e calendar day MAINTENANCE'S retain the nod for at ach Sundays and that the owner may undersi6 forth, s ned agrees that to be paid to the and the time The undersfBom the amo incomplete bey (5300•00)contempsated remains d=mates which the the work of liquidated the work at the Holidays INCLIIDED• proper measure complete as the P the undersigned to enalty• ° P by failure of d in any sense as This amount is °treed upon to owner will sustain 4et be construe stipulated time, and is not i 1 PROJECT #1162 PACE 4 OF 5 ` PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING i EXAMINATION OF SITE; 3. By signing the Proposal Form, Contractor 1 acknowledges he or an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work. TAXES: 4. Tax Exempt Numberl-75-1472277-0 should not be included in your bides shall be used on this project. Tax Upon receipt of notice of acceptance of this bid, within thirty date of this proposal, I (or we) agree to execute the formal contractdwithin ten I (10) days thereafter, and to deliver a SURETY BOND in the amount of ONE HUNDRED PERCENT (100x) of the contract price for the faithful and a ONE HUNDRED PERCENT (100x) STATUTORY PAYMENT BONDerformanee of the contract, Y f The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits sat forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: Z a cons or is awarded the project, project must be completed within ar days or contractor will be subject to penalty as set forth in the specifications. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON'S DIRECTOR OF MAINTENANCE'S OFFICE. The undersigned agrees that the owner may retain the sum onown ($300.00) from the amount to be paid to the undersigned for each calendar day- that ~ the work contemplated remains incomplete beyond the time set forth, Sundays and Holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. s, J 1 • 1 PROJECT #1162 PAGE 5 OF 5 PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING I I (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. E ' SEAL (If by Corporation) CBS ROOFINGSSERV~,BY A DIVISION OF CBS MECHANICAL, INC. l T LE JOSEPH S. MULROY, PFJSIDENT f ARM, WgEST UNIVERSITY DRIVE DENTUN, TEXAS 76201 817-387-7568 Indicate if: ( ) Partnership (lilt Corporation ( ) Sole Owner If a partnership, list names and addresses of partners: NIA If corporation, indicate state in which corporation was organized and is existing: TEXAS Principal Stockholders: (Name and Address) JOSEPH S. MULROY 5001 WEST UNIVERSITY DRIVE, DENTON, TEXAS 76201 MICHAEL C. SCHLOEMAN 5001 WEST UNIVERSITY DRIVE DENTON, TEXAS 76201 qFr PERFORMANCE BOND 1 STATE OF TEXAS f COUNTY OF DENTON ; _ KNOW ALL MEN BY THESE PRESENT: That CBS ROOFING SERVICES, A DIVISION OF Count opH£(Hpr7ICAi INC of the City of Irs Y , and State of as PRINCIPAL, and HARTFORD CASCrALTY INSURANCE COMPANY of Texas to met as surety on bonds for Ariacipals,raredheld eandhfirmis bounds State the as OWNER, in the y unto penal sum of ~RZ AMn Pn/ a TBREEHMRF~ S gMY .L11a372.00 ) for the payment whereof, the said Principal and g ~y bindlthemselves and their heirs, spaimeatrahere, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the -.5_ day of i 1lARQL , 19_, for the construction of 0 1 7 2.DD which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreesents in and by said contract agreed and convenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Plans and Specifications hereto annexed, then this obligation shall be void: oterwise to remain in full force and effect; I of ArticleP5160Dof,the this bond to the provisions 56th Legislature, Regular Session, 1959, and all liabilitieseonethis bond shallebe determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety for value received, stipulates and agrees that no changes, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings act the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any accompanying such changes, extension of time, alternation or addition to the terms of the contract, or to the work to be performed thereunder. L 1 PERFORMANCE BOND { STATE OF TEXAS 3 COUNTY OF DAN i KNOW ALL MEN BY THESE PRESENT: That CBS ROOFING SERVICES I rBS MECFiANL INC A DIVISION OF County of ~ , of the City of , as PRINCIPAL andY and State of HARTFORD CASUALTY INSURANCE COMPANY as SURETY, authori¢ed under the laws of the State of texas to set as surety on bonds for principals, are held and firmly bound unto the Wan OWNER, in the penal sue of IYQJ![~Q/Inn Dollars (S_1~7.e72 M ~ en HMRED S said Principal and Surstq bind themselves an` a t heirsheadainistrwhereof r executors, successors and assigns, jointly and severally, b Payment the y these presents; WHEREAS, the Principal has entered into a certain written contract with the 1 OWNER, dated the day of .21ABCH , 19y,4 for the construction of i which contract is hereby referred to and made a extent •a if copied at length herein. Part hereof as fully and to the s~ame NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and convenanted by the ofisaidaContractoandrPlansnandeSpecrificationscheretogannexed,tthenithis and meaning shall be void: oterwise to remain in full force and effect; 1 his obligation PROVIDED, HOWEVER, that this bond is executed pursuant to the of Article 5160 of the Revised Civil Statutes of Texas as amend by acts of 56th Legislature, Regular Session, 1959, and all liabilities onetthis bondrshallebe determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall Ifs in Denton County. State of Texas. Surety for value received, stipulates and agrees that no changes, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alternation or addition to the terms of the contract, or to the work to be performed thereunder. i Y ''1 ~.r-- 'WW J . PERFORMANCE BOND PAGE 2 OF 2 IN WITNESS WHEREOF, the said Principal and Surety have ~ signed and sealed this instrument this 8th day of March ti CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL INC. HARTFORD CASUALTY INSURANCE COMPANY Surety ti u.c, r. Principal _ u r T L ~1 • r_1 By *os S. M ulroy W. Lawre Ce Brownident Title Attorney-in-Fact Tit POST OFFICE BOX 927 Address 5001 W. UNIVERSITY Address DENTON 76201 DALIAS. TX. 752>4 TX. 817-337- (SEAL) (SEAL) 9 e 9 3 0~ M V V r i The name and address of the Resident Agent of Surety is: Billy Joe Bruce c/o Alexander & Alexander of Texas Inc. 19th Floor Maxus Energy Tower Lock Box I h Dallas. TX. 75201 NOTE: Date of Bond must not be prior to data of Contract. 4 I 1 i 1 PAYMENT BOND STATE OF TEXAS S f COUMTY OF Dr- 9 KNOW ALL MEN By THESE PRESENT; That CBS ROOFING SERVICES A DIVISION OF Of the City of DENTON rac xFrHANIDM INC. and State of TEXAS County of DENTON ' on ponds for under the lays of the State of unto Texas to met TOE as CITY sure OF DENTON authorized as PRINCIPAL, and principals, are bold and firmly OWNER in the penal sum of xheroof, the said Principal and Surety bind Dollars for the payment ,o~ 179 00 ) themselves ands t~heirs, administrators, executors, successors and assigns, jointly and severally, by these presens: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the j day of vay[fl , 1481„• BID 41162-REROOF CITY OF DENTON MUNICIPAL BUILDING in the amount of $137,372.00 I and surds a part hereof as fully and to the F , to which contract is hereby referred to same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OFY g THlabor IS OBLIGATION IS SUCH, that if the said material to him or a Principal shall pi all eecutions of the ° rovided for in said contract, then subcontractor in the proscutionto remain in full force and effect; this obligations shall be void, otherwise , HOWEVER, that this bond is executed pursuant to the provisions PROVIDED Tex of Article 5160 of the Revised Civil Stat tesall lies to isa on the amended by acts of this bond shall be 56th Legislature, Regular Session, 1959, and abilit determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. extension Surety for value received, stipulates and agrees that no change, of , the orontr dract,awings or accompanying the companrorying the of time, alteration or addition to the ternsations contract, performed thereunder, or the plans, specific eby waive same, shall in anywise affect its obligation onathisbond, andaitdoes ther o the terms notice of any such changes, extension of time, thternation or on ereunder. of the contract, or to the work to be pa F Surety, for value received, stipulates and agrees that no change, extension of tine, alteration or addition to the terms of the contract, or to the work perfornKM thereunder, or the plans, specifications or drawings accaapanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. f I IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 8th day of March 19 , CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL, INC. HARTFORD CASUALTY INSURANCE COMPANY?~j-c?- F nc pa : a ure y By - By Jo eph S. ]lulroy i' Tit W. Lavren a Brown Title Attorney-in-Fact Address 5001 W. UNIVERSITY Address POST OFFICE BOIL 927 DENTON, TX. 76201 DALLAS, TX. 75224 817-387-7568 (SEAL) (SEAL)~,J 1 The name and address of the Resident Agent of Surety is: Billy Joe Bruce c/o Alexander Alexander of Texas, Inc. 19th Floor Maxus Energy Tower, Lock Box S8 s- TX. 7520 1 Note: Date of Bond must not be prior to date of Contract. I 6 10-15-77 w HARTFORD CASUALTY INSURANCE COMPANY cnamn O" OL, Meer sere corwoodcul POWER OF ATTORNEY Know so men by Weee Masao Tian the HARTFORD CASUALTY INSURANCE COMPANY, a corpo.Nion dufy organized under the Wws of the State of Indiana, and having its Executive Offke In the City of 460735 Hartord, County of Hartford, State of ConYwcouut does hereby make: coratitute end appant B. A. G1SSOt, JOE BRUC'n, W. LAWRENCE BROWN, Wl'.LIAM D. BALDWIN, JALNICE G. CORRET, t DOROTRT YALFX, /•ATtfLLEH DAY, L. RAT P3TT5, JR. add PAMELA LANGLEY of DALLAS, TVLAS I Its true and lawful Attomry(spri-Fad. with loll power and authority to each of said Atomery(s)•in•Foct• in their , separate caped0y d more U= one Is vaned above, to sign. execute and acknowledge any and all bonds and I undertakwgs and other wrdargs obligatory in the nature thereof on b&Uf of tM Company in its business or guaranteelnp tie fidelity of PW93M hold'ug places of public or private trust guararttoolrg the peAormsna d 1 contrada oVw Ow Inourance polcies; guww%t Nrg the Wormanoe or Insuranu contracts wMn surety bonds an accepted by pates ad ftwidpolKift. and exoO." Or guaanle" bonds and urderUWngs regVreg,or tamiroed In at ad.an cr Proce"rige or by loan atowed, rl_~ and 10 bind the HARTFORD CASUALTY INSURANCE COMPANY thereby a luly rd to the wane extent as it such bonds and undertakin s and Otfw writings obligatory w the natwe th~ were signed by an Exewrve Officer of tw HARTFORD CASUALTY rNSURANCE COMPANY and sealed and aresled by one other of such Officers, ad hereby rat6a and confirms MI that to said Atliorney(s}( Fad may do Ir r nuar" hereot Tib Power of attorney is grvdbd under and by authortY of the following Rewdutiom &"ad by the Board of Directors of Ow HARTFORD CASUALTY INSURANCE COMPANY at a meoll g duly called and Mid on ore 1st day O(Juy, INIF. AFSOIYEA rn er AMukre a any Yke-Rtlkwrk ars+q ►eh am Se"Ary a Anotre SKMWYthere haw Poser wk r Kwty to apgoirt, for Npeeee rwy 5 ark WMMeenp Herb eve Att anrry►iwr'a urrdwta~ary1t and err wrongs oeaealM in to nature Versof, ark a mere nrkwa YYO►►reHawrb. rata.dpdrttwvnrAaabe ISO a atk a ore at any Mr b nmo.e rry e A Maldww Yktpwert F464P* Aaarra Saar@Wy. or Aeonv/a1#1a and w.aRe to pawn rro sulfa ity airrr b him W4 eMra on b&Z of er C400 n W4 &-4 b t author"' Nal d 10 to ~ ilk Ga0 rap & rb any uk M to nft ~vrdert.M Ines., area oOw W ra " I 0-AS" co V* P~ of oft 1114 robjF0 thereat a Ea" Oetpr rk ia~raa and _ away! br ova adrr Of Vidr Omnra_ eC rnMl be w taM+a4ii u0rwi tM Ca+~Onh' tl w W RESOIYED, eat. Polish K K Senor. AnoWel YYw►naiarrt are here, tl horp n M haft sum dike, ark same ponce a cry Y. Rtlkrt ^"Am b aM prvadinq AW AAM pESUlYED, ark Nrweaa thee Prnkwr or any Varf,040 n ammo WMn " SaoegrY a A*00VA SeaUt". Mob the pow area VA" w ntl i►r•ae, aw or two Vk*f wdv4L AAmdtarlWSYrw a~A wrwrrWWFaC VWruk[rpa area ear wr10n9a d>MpuaY ra efA.af ty e..dt po.w afbrMy a k W Now il0Ifte. dr W4k9W Of With Vke era M Net CO M Cry " be %k*@ rswo, Preto by buwdA old t" u2n poor of aborner of 'SCM Dow res war Yuto wWharYgrrrt w a 1Cw0 Nei Nr tr the Cap" Ion ft rNh napaa my bark or utaeA" to rh~tT a =W !OCA 10 rd 4CaImTe 9" ahM De 'W erne bo&V assn mi pwsuera W ark .M Via erne eMq to p wW le YbhNOnb wbw to; aaefe+p paw6tbn otM1ca Alex irb W^atve by i wi A, In Wfbteae WAMeot the HARTFOAD CASUALTY WSURANCE COMPANY has caused tiese presents to be signed by Its Assistant Yoe-President and Its corporate seal to be hereto affixed, day attested by its Secretary Mir 1sl day of MartoK 1966. HARTFORD CASUALTY INSURANCE COMPANY Attest Man J uawu nae«t N.N. Srrr S"rM AftN W Yrl-PrM4Yrt STATE OF CONNECTICUT. OOUNTY OF HARTFORD. On this IM dry of March, AD. 1966, before nw personalty came RobeA N. H. Sena, to rtw known: who tieing try rrw duty swom did depose and any. that M resides In the County of Ha ford, Starts of Connecticut that he is the Assistant Y~ce-PresldeM of SM HARTFORD CASUALTY INSURANCE COMPANY, t no congestion described In and which executed the above kntnJnwht then M knows the sal of said corporation. Mat the sad aKxed to the said kWnnwnt is such Wrporsle seat that it win so affixed by order of the Board of Directors of said corporation aM that M s4 nod its come tweto by like order. / i STATE OF CONNECTICUT, {1 i~s•a j•, J~ T D«o.'wa Mdary hreAe W CormWwon EVa April t, 19M COU NTY OF HARTFORD, 444 CERTIFICATE L IM undersigned: Assistant Secretary of Cm HARTFORD CASUALTY VISURANCE COMPANY, an Indiana Corpaagn, 00 WZREBY CERTIFY Mat tw bregok , and anschod PO'NER OF ATTORNEY remains In full force and has rat Hat revoked: and huMermore, Mat the Rewe utwns of tin, Board of Director, W IoM In the Power of Attorney: are now In fora, M ch 4 Signed and sealed at the City or Hartford. Dais the 31h day of 19 Dula A Joh e Faro $-WA 04DI Pmrod r U SA. ",_'~J Meafarrf Searuwy - 1 1 r:ONTRACT AGREEMENT STATE Op TEXAS COUNTY OF DMft% B } THIS AGREMNENT, made and entered into this 6 A,D.19L-9.1.j g, by and between THE day of Au gnat CITY OF DENR'pp 1 Of the County of DFJn% and State of Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, hereinafter termed •0WMM,■ and W: COntractore 711 WasmollA. 7&fl1GA , Of the ail City of itennedale County Of r.r.an~ and State of Texas , hereinafter termed •CDhMCTOR.,v NITNMBTHs That for and in consideration of the agreements hereinafter mentioned, to be made and performed by pa, and and the conditions expressed in the bonds beari itho and wader hereby agrees with OWNER to n4 even data herewith o specified belo%(: comminCe and complete Performance of the work rk DID /1253 - FIRE STATION 6 is the 96 Including options: 1.2,3,4,5,7,8 and all extra work in connection tLerwith, under the terms as stn General Conditions of the t!d agreement) and at his (or their) own in the expense to furnish all aaterlals, supplies, machine proper cost and superintendence, labor, insurance, and other accessorieruiandnt,,services necessary to complete the work specified above, in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with all the General Conditions of the Conditions, the Notice to Bidders (Adverti"ment for Niids)eeme, nInstructionscito Sidders, and the Performance and Payment Fonda, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 01148 1 printed or written explanatory matter thereofr and the red by Yoestck-H re s Architects other drawings and P= as preps Specifications therefore,, r r all are lade a part hereof and collectively evidence and of which constitute the entire contract. Inde ndent Status and and agreed by and between City It is mutually understood i independent contractor and shall not the loyee of the City of Denton,, Texas aeemedc to be oc considered aasemp taxes,, vacation or sick withholdings serial security emploY~ benefit. purposes of income tax,, or any other City to es of Y leave benefits, worker's co~tioar form the city shall not hit supervision and control tdatC Contractor shall Par and it is expressly understood specifications at the general contractor# to the attached Tsxasr or his des igne• services hole the City~Mag r of the City of Denton' direction under this agreement. IadeanificatiOn agree to indemnify and hold harmless and does hereby Of any kin liability Contractor *ball or and all damges+ loss, by operty cc third persons corasioaed any the city of Denton from any its officers. agents,, whatsoevecs by reason of injury to pr coatcactocr ll liable,, with errors Omission or negligent a« for whoa it is legs y is its cost t and Contractor will, all such employees, invitees' and other Persons Denton a0inat any and regard to the per[oraaace Of this Agc of he City and expense,, defend and protect t City claims and demands, Choice Of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enEoccement shall lie in the courts of Denton County,, Texas. The COMACT0R hereby agrees to comment, work on or after the date written notice as set forth in R established for the ll work start rk of wo* within the tiW stated in the Proposal' subject to such exteasiow of time as are provided by the General and Special cite Conditions- yuck and extensions a Of the coN'MMR in current funds the D The ~ agrees to P#.7 which forms a part of this contract,, such The prices shown in the Proposal,, al and special Conditions of the contract. payments to be subject tri the CAner CA-2 0114' 1 1 ' IN WITNESS WHEREOPs the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton Ilk bko i OWNER B (SEAL) ATTEStt ` CDC Contractors CONTRACTOR P 71t/cte T ' (SEAL) I AP As TO PORM: C t r:.sy CA-3 I~ 6114s HO[~ #W145 l Q(DQTPf9 IN FOUR pxPARTS pERFORHANCE BOND STATE OF TEXAS COUNTY OF_)( XNOW ALL mzN B2 THESE PRESENTS: That CDC Contractors of the City of lennedale County of T , and State of Taxes DaAt.,NCE 00WANY. 1213 VA[1EY ST" AND Bownc as PRINCIPAL, and OaIMA ' as SURETT, authorised :miler the Lars of SFII M, V#IqKINt 96109 bonds for principals, are held sad firmly the State of Teas to act as surety on bound unto the lba City of Denton as OWNER , is the penal s:a d minty Six Tbonsand lire mnodred Sixty Five mnsdre of ~ Dollars (t 5%=) for the payment. whereof, the said mine/100--- executors, principal and Surety bind the selves and their hairs, administrators, successors and assigns, jointly and severally, by these Presents. S8E~S, the Principal has entered into a certain written contract dated the 6 day of Ansnst , 19 91. for the construction of with the OiliFB r j Bid #1253 - Fire Station #6 in the amount of ;596.569.00• referred to and mode a dpart hereof as fully and to the which contract is hereby same extent as if copied at length heroine of this obligation is sucho that if the ~ NOiI, TBEQ,F,IORE, the condition said Contract And shall in said principal shall faithfully Perform all reapecte, conditions and agreements in and by said contract age and covenanted by the Principal to be obeervad and performed, and according to the true intent and to meaning of said contract and the plans and Specifications bere amte~ed, then this obligation shall be void., otherwise to remain in full force and effect; PB-1 I . 1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the sane extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lit in DEMON County, State of Texas. Surety, for value received, stipulates and agrees that no change, axtension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the sane, shall in aurri.te affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the term of the contract, or to the work to be performed thereunder. IN W17NZSS WHEREOF, the said Principal and Surety have signed and sealed this instrustat this 21sr day of ALUM , 1991 i CDC CONTRACTORS Cflt'MUCT RS MVING AND INAWANDS COMPANY Principal Surety I S ROCKEY dpw A. I Title PmmEgrVPARTN;R Title AT OMEY IN FACZ Address 711 MAGNOLIA Address 122 W. CARPENTER FRFfY., #490 ~..+fl.+s* 'n,r ? frun IRVING. TEMS 75039 (SEAL) (SELL) The name and address of the Resident Agent of Surety iss GLOBAL UNOmdt1TERs AGEN y, P. O. BM 532342, GRAND PRAIRIE, 7%. 75053 NOTE, Date of Bond gust not be prior to date of Contract. P9-2 l in to swot to Ymmr is U." b AM+ COMPW NT NOM VON vW **A else about you Pm I b M*"d "b P*M rear t" pecy or about a clalm flat you hm MA wrrA to the company Oiz , 0091b a eor:su m 200 a OMrj issued the bond. 11 the problem h oat rtt"otved, you may 613n or "UM d oxrpe, tv puWv vita tj the State OoUd 011s1iurence, P.O. Sax 149091, AuW, Tc,:a? Cr awl nwowwe b rot prcww ti M Mrurr+ee p+r" tad a Derr N*Mq 76714-091, Fix 0 (512) 475.1771. The3 notice 01 cornp!MM rawom w w" pro-A-re i, for Inforrratlon 0* end done not become a part or h'^ Annd. PROVIDED, HONEMt that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the sane extent as if it were copied at length herein. 1 PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON_ County, State of Texas. Surety, for value received, stipulates and agrees that no change, axtension of ties, alteration or addition to the terse of the contract, or to the it doesmbei accompanying work performed thereunder, l plans, specificatithis bond drawings the sane, shall in anywise affect Its obligation ws.ive notice of any such change, extension of time, alteration or addition to the torso of the contract, or to the pork to be performed thereunder. IN VITNESS wHWOP, the said Principal and Surety have signed and sealed this instrument this 21sT day of AjaW 1991 . i CDC CONP1 ACA S 020X= BCOVI-NG AND IIZA1atA[7CE COWANY Principal Surety i000M KKWZE i A. UULZW1jV Title PmiDcw,/PAATHR Title ATiOAM IN FACT { E Address 711 i A Address 122 K. CARPER= FleiiY., {490 Y 0 My ~crun IWING, TDW 75039 (SEAL) ( SELL ) The name and address of the Resident Agent of Surety iss GLDsAL Ltj)E v1TM AGENCY, P. 0. B= 5323421 G"M PRAIRIE, TX. 75953 r NCTE: Data of bond mot not be prior to date of Contract. PB-2 b to owl to inawr Is WSW b ks COMPLAINT NOTICE D O M attY dlapule arise ab W your prarJ,:Ti b onsrtr q velar fu pal' or about a claim 00 YOU Nava Algid. Haile 10 the company O'N 0*0 er 'PAC" or 01n~ Issued the bond. If W probleat IS 1101 resolved. You msy c130 0091b a or edbma d o>~rOOk ~ a 16 tirr<ta t0 the State Board of Inpyince, P.O. Box 149091, Ausdn, Te:: . a 040?° Is "01 Drop N 70714-S491, Fax f (612) 476.1771, This notice of complaint Yr~ purnpr W or *V, xAwq , rot become a part or ~Iw 6w s,•,pw" proc•J^r? I-, for ,nfarmation only orb dons '1 1 ,f E?mnu)'IN FOUR CCLM 4RPARTS BOND M145 PAYMENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That CDC Contractors of the City of [annedale , i County of rArrent , and State of Texas , as principal, and i eo mm m BO DIM AND rN URANC E CCMANY, 1213 VAUZY Sr.. SEAMZ, WAS HIN " 98109 f authorized under the law of the State of Texas to act as surety on bonds for i principals, are held and firmly bound unto The City of Denton OWNER, in the penal sum of Five Hundred !linty Six Thousand j Five Hundred Sixty Dinsll - Dollars 5%.569.00 ) I for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors,-successors and assigns, jointly and severally, by them presenter r VMMFA$, the Principal has catered into a cartels written contract with the Owner, dated the 6 day of August , 1941 NEW CikiSlBi MCN CF FIRE STATION #6 r to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW9 TBEREPORE, THE CONDITION OF THIS OBLIGATION IS SUCH9 that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect) PROVIDED, HOWEVER$ that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the came extent as if it were copied at length herein. ` PB-3 . Surety, for value received extension of time, alteration or addition, ed t Stipulates and erformed thereunder work p terms of the econtract no change' the ease, shin h , or the plans, specifications or to the waive notice of any ych affect its obligation on this bona ravings accompanying does terms of the coatratsuo change, extension of time, alteration crdadditioa to yin to the work to be performed thereunder. IN TiITfIT1ESS iJHEAFAP, the said sealed this rostrum Principal and Surety have signed eat this 21ST day of and 19 91 PriaCipai DOM-.DG AND ~ OOWANY ~ Surety OQSS Title 1111 A. G E ~ - Title CSC IN ~FACr._ i Address 711 PvQjDEjA 1 1E 76060 Address 122 W. CNWD? F•, #490 3 ' (SELL) (SEAL) The and address of the Resident Agent of Surety is. SRI. L.4 19'Y, P. O. BOX 532342, LAND PRAIRIE, TX. 75053 h fu OW eM IFU M b w44 b UFJ CO51"Iff NO CE e"aaw d6pdm wierr e~, wry or shoat a ot~m thu ate arise about your pr,,,-~ of odb of pjrj4 a 00 a 18111c fm w anic". fcsood the Cond. If (tq write to the comparY w attisb,ra le`' wriW 0 the State sow Of problem 1141 retoNw. You may ear a" win V ow-Cy 78714-9091 Fix 0 (S12) h~Mkf. RQ Box 14W Y `'fi'r X76-f1~f. No notice oku8n, Trx~; prcccIwo is for Informetlon comptafrt rf Ih~l bpi. &W don Rot became a part or PS-4 0092b E QXXn' D IN FOUR CCtkn1MpARTS BOW #M145 WNTENANCE BOND STATE OF TEXAS ) COUNTY OF pea'tora _ )C XXOW ALL !'B;H BY THESE PRESENTS. as Principal, and THAT CDC Contractors ens, as rust a corporation nut ri~ BOt~ IW ArD ~ MANY y, o raby acknorl ° usinub n e tat. of the city of Denton, A Imicipal Cow tbaselres eo be Geld and bound to ' and assigns, at Denton, Denton Couarporatioa of the State of ?ens pay unto b, Tens the aum of li its successors t^• /i Dollars ~.wnt of the contract for t e payment of whi surety do hereby bind themaelvea sum sat their successors and asesi pncipal and ` gran, jointly and This obligation is conditioned, however, that: WHEREAS) said CDC Contractors has this day and construct en tired into a written contract wit IDi 1253 - lire Station 16 e d ty o Denton to d ~ contr:ct p ns red aped 1cation t rein ment one , a opts y a City of Deenton, are filad with expres City sly n any a td herein the City Secretary of said City and are hereby were written and net out by reference and made a part hereof as thou in full herein, and: though the sage contract, it Is WMP' under the said plans, specifications, and that the Cont the work thereinpc trat.d to be doneraandr will maintain and kee the data of acceptance hereof and dpoerforsKd fora p in good repair frcat aeceasa period of one year frog in connection therewith and ado necessary bry work iiag that may repair of any defective condition all necessary work toward the construction of the is rov $1O~°g out of or arising from the improper the sane or o account r ements contemplated by said contractor on constructing that the action improper excavation or backfillnng, it being understood reason of d t ctiref y /rLls, ixork Is =o cover all defective conditions arising case said Contractor a " labor performed by said Contractor, and is 80 t-1en s it is agreed thabehafall to repair, reconstruct or maintain raid contract and supply such materials andty may do said work In accordance with said and its surety on this obl! aLnon charge the name against the said Contractor to the rages In said contract and said Contractor and surety hall be subject Contractor to comply with the terms an part of said for d provisions nday's s of said contract and this bond. 0093b "-1 1 .1 1 agreem.nt to maintain said cons t~c iRon and keep saee innrepairrforathe maintenance period of one (1) year, as herein and said contract provided, then these presents- shall be null and void and have no further effect; otherwise, to remain in full force and effect. i It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive, recoveries racy ' be had hereon for successive breaches of the conditions herein provided until the r full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be ch affected from any cause during said time. diminished, or is any aaaner IN WIIrArZS. 3 WF1t1'OF the said CDC OO[rrIRALrm ese presents to azaeut 7th CI4'Y OF CD13UCNactor as r ac pa , s ca and the said CONMACTUtS BOMDE AND as surety, has caused these presents to executed W ite Attorney-in-Fact XMHUM A. GILLEWIE and the said Attorney-in-Fact has hereunto set this 2M y OT- 'r 19 91 . SURM: PRINCIPAL: OCttMAMORS BCMDE AND IN25MAN E OOMANVY CDC CIONMACTURS Byt ' Xttorney- act' COMPWNT NOTICE: StloW lW ftub arise about your premipm or about a tialnl ft you tMVa lM, 1M118 10 the contp2ny i 1. .u W40 to hw b wa* b 1.'0 Issued the bond. tf em prOWm b not (HOW, You ma7 sr, IN o%aast s urb~r a ate ~•rr la to the State Board d IrlRxM, P.O. Box 149091, AmsJrl is ~ ^ ,e a ppialon to anbcaa r wt" a e:wrprr h bw MqtV& 787144091, fax 11512) 475.1771. This notice of cowpy~ ; , or or by prc^wduro Is for Information only acid Boas root becone a ,per J n Wek= rra 9ura'b 9A k no ~ by .+d Cr ofrr Sdvrrgr pub I^IB-2 0093b 7 { 1 1 Ctrl i -'CA` OF INSURANCE y R7 HOUSTON GENERAL INS. CO. Q HOUSTON GENERAL LLOYDS tiiTh PR1pF C:) TRADERS & GENERAL INS. CO. P.O. Box 2932 Ft. Worth, Texas 76113 CERTIFICATE HOLDER rn:• Ca.ntK/r• M Issu/d„a n.n« or mb, !+a t'on Dory and C"'er, n9 vght, upon Irte CIM111, Nak, TAI, CITY OF DENTON cerwoa:@ doer npl /nerd. eetend Or /'IV the CP:lq Ly PURCHASING AGENT dtscrlbed bercw 9016 TEXAS STREET BID #1229 C.I.P, UTILITIE5 ' CENTON, TEXAS 76201 WATERLINE i THE NSURI,NCE CCvPANY VnLL ENCEAVon TO N'ArL 30 DAYS WRfTTEN NOTCE OF CANDELLA• 1 TION TO CEA7IFCATE HOLDER AT ADDRESS INO!, TED ABOVE, BUT FAILURE TO MAIL SUCH NO- PCE SHALL u.1POSE H7 OBLIGATION Oq LIAB.ITY OF ANY KIND UPON THfl COMPANY. J °THIS IS TO CERTIFY TWAT rNSURavCE POLtCY(IES) L1STCO BELOW ARE ISSUED TO THE NAMED INSURED" 1 ' NAMEOFINSURED CIRCLE 'Ce CONSTRUCTION CO. ACORESS WILLIAM J. SCN'JLTZ, INC.; DBA P.O. BOX 40328 FT. WORTH, 7X 76160 POLICY LIMITS OF LIABILITY TYPE OF INSURANCE POLICY NUMBER PERIOD EACH Or-CU RAANCE AGGREGATE ENERAL LIABILITY I BCOLY rN,1URY I ❑ COMPREHEASNE I y ❑ NONCOHIPPCHENSNE ❑ PRGTfCTNE LIAB'LITY PROPERTY DAMAGE f i j ❑ PRODUCTf;OMPLErEDOFERATpN I ❑ CONTRACTUAL IIFBRrT'y SWLY INJURY AND I PRDPEPrY DAMAGE. ❑ PE RSONAL NJURV 1COMBINEO SINGLE s I LrMl T) ❑ BA04D FORM P D r CSL ACPFU, td ProdyCl,LOn yl:ed ❑ Cpra!a ry M/tard I PERSONAL INJURY) AUTOMOBILE LIABILITY (EACH H PCPOry PCrl$,CN ) 1 C3 COMPRPHENSN'E B001LY'NJUPY I MACH OCCU RANCEf ❑ W-tICOMPRE-ENSIYE PROPERTY DAMAGE I ❑ SOCILY RIJURY AND PROPERTY DAMAGE. I ICOMB+NED S'NGLE LIMIT) CSL EXCESS LIAWLITY 6004LY NJURY AND ❑ U'ASPELLA FCAM PROPERTY DAMAGE. (CCGABNEDS.NGLE I E ❑ LIMITI WORKERS' COMPENSATION Cs4L J 63/12/91 and TO s'Arurr,aY EMPLOYERS'LIABILITY 05 TWr, 102639E-CO 08112192 f 500,0001EACHACCOUNT) AUTOMOBILE PHYSICAL DAMAGE - SPECIFY OTHER NAME AND ADDRESS OF AGENCY, ` )CHN A MILLER 6 ASSOC.INC. 1 2-00 AIRPORT FREWY STE 3 FT. WORTH, TX 76111 Gounlers?fined By Dool acct. F1n, JC^OG,2+e5 vi D,zE~d1 ep,e'R-`ser,ww'B . 14' ,4; wiER Irr;/H ITH F1ZE5,_; 817 a,a a~i 1 Z' . L 1-{,, < ASS, DATE (tA :~:M r 7 PRODUCER w • TWS CEATIFICATi IS tSgUEO AS A MATTER OF INFOAYATION ONLY AND CCNFEAS NO AIOHTS UPON THE CERTIF,CATE HOLO£A, THIS CERTIFICATI DOES NOT Aill American Insurance Agency EXTEND OR ALTER THE COVERAGE AFFOROE08Y THE POUC+ES BELOW. P.O. Box 170059 COMPANIES AFFORDING COVERAGE Arlfngton, Texas 76003 [817] 572-3365 LETTER p IhGVRED LEDTTTERNY 8 S f CDC' Contractors LEERY C 1 P. 0. Box 62 COMPANY Kennedale, TX 76060 LETTER cO1dPAYI LET rER E ` V TWS LS YO CERTIFY THAT POLICIES OF NSURANCi IfSTEO BELOW MAYS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TAE POLICY PERIOD Lill NOTWITHSTANORib ANY AEODUEMENT, TERM OR CON D+TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W %-H THJS CERTIFICATE WY BE ISSUED OR KAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREkI IS SUBJECT TO ALL THE TERMS, EXCLUSNkIS, AND Ol TtONS OF SUCH POLICIES. TYPE OF I:SURANCE POLICY NUNi:? ,I, EfWINe PfALT WAiTti LT p,TE ~I'ucovY: G:TI It1~.T}YYI AI Uhl W THOU.ANDS OENERAL LLABIUTY S VDi Y~ A CDEIMEACtI GEfrE LAL l'AS U Y IROCLCISC\~y$ ti riG ! S ] 00C aA,a YALY ®ota+Ar~ CP2256436 11-4-90 71-4-91 ~:►=''~-~r~s•=~:~~+ S l 'u, x D'In{x's s wlmA7 rs F~o'xTre t~s ac::=i 9A S ] 00C raz CuN :.::i AUTO:W/ILE L:A&LITY AVY AUTO S 1 , 000 T A ALL WM AL';; X WEDULEGAUT05 r: , Iq _ :ti AM AUT95 owl Y X N44-0i'WoAUTOS BA2256435 11-4-90 11-4-91 iS G:AAG° LQVTe ' EXCESS LIABMJTY u e s r;a~ - R. x.:.•iau $ S CTKI;R TNA.Y WA'IPPILA FCFJ 'el WCWRS' C0MPENSATIO!J srATUTGY 5, ,4V_A AND Certificate has been ordered fr m Work EMPLOY:AS'UABILITY Comp Pool - Carrier s Liberty utua' S Jsr~>T+xs .x g Al VOL: OTHEA DES:R:PTION OF OPEFtATCNS1LOCATIO.YS7VF.McLE51AE5 PP~C-,C~SISPECUL ITEMS Denton Fire Staten Certificate :older is Additional Insured SHOULD ANY OF THE ASOYE DESCA:eEC POLIC+£S BE CAN CFLLEO 0EFOR: THE E: PIP.ATIC~N DATE T},EFEOF, THE iSSUIh'0 COMPANY WILL ENOEAYOA T City of Denton MAIL 30 DAYS V+PiTTdN NOTICE TO TI* CPAT,FOATE HOLDER NAMED TO Tr Denton, Texas LEFT. e" FAILURE YC MAS SUCH N07j HALL WKSE NO CPLLOATIOh C LEA 7Y O N3h7 L'PON 7Ma CORIPA.NY, A6ENT5 OR Pi?n'f SEh YATr.S' I Attn: Tom $YIGW 7}7] RUTH l%E 553~INTATWE i ~rr 1 F 1 r I CITY GP DENTON MINIMUM INSURANCE REQUIREMENTS J INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall pr,)vide and maintain until the contracted work and/or material has been complete,)/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated 'aereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) sh..ll state that thirty (30) days advance written notice will be given to tae Owner before any policy covered thereby is changed or cancelled. The 'yid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; 110 The City of Denton shall be an additional named insured on all policies. 1. Workmen's Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. • The Contractor shall also be protected against claims for injury, disease, or death of employees which, for f ` any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory ' o Employer's Liability - Statutory II. Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use 'of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: e A combined single limit of $1,000,000 III. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agonts, employees or subcontractors. CZ-1 . Insurance Requirements page two ti To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, q the comprehensive general liability coverage shall contain no exclusion 1 relative to blasting, explosion, collapse of buildings, or damage to underground property. i The liability limits shall not be less than: o A combined single limit of $1,000,000 IV.. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. i/ Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: i o A combined single limit of 11,000,000 i INSURANCE SUMMARY: i The Contract shall provide insurance Go cover operating hazords during the period of placing the facility in operation and during testing, ind until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in Writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 02 /l 3/8 7 CITY OF DENTON Nam and Address of Agency City of Denton Reference: Project Name: Project No: Phone Project Location: f managing Dept: _ Mane and Address of Insured: ConWies Affording Coverage: i + B Plane C 1 I This Is to certify that: 1) Policies of insurance listed below have been isseed and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Ik ~tery Type of Insurance Poll 400r ~Dateice InpThousands Let (000) rrehiee General Liability Occurrence - Claims made (see 94-Page C14) Bodily injury f Broad Fore to Include: Property Damage $ - Prinises/ rations - Independent Contractors - Products/Completed 01rrations Bodily injury and Property - Contr~acttualjLiaability(set 13-Page CI4) Damage Coe Dined ; - Explosion aced Collapse Hazard - iArderground Hazard - liquor Liability Coverage Fart Legal Liability (see "aga C14) - Broad Forn Property Damage - Professional Errors/Omissions - occurrence - claims made (set 04-Page C14) ive Automobile Bodily in /Person Liability Bodily Injury/Accident - arced/Loased Autagbiles Property Doge $ - Mon-awned Automobiles - Hired Automobiles dilly Injury/Property ; - Norkers' nation and Statutory Amount finployers' Liability _ ea=accan _ - aeners' Protective Liability = Other Insurance Descriptir of 0 rations/Locations/vehicles. Each policy shall require thirty (30) days notice of cancellation, non-reneval, or material change In coverage. (See /Page CI4). Name and address of Certificate Holder. DATE ISSMO CITY OF OWOM TEXAS ' PURCHASING AGEAT 901-8 TEXAS ST. AUTHORIZED REPRESENTATIVE DENTON, TEXAS 75201 SEE OEFINITIONS ON PAGE C14 ATTACHED. Cl - 3 1 i DEFINITIONS j of Denton, its elected and } 2. ADDITIONAL INSURED: The City appointed officials. officers and) employees. (This does not apply to Workerls 2, NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, any material change ioverage,eti thereof shall be given to owner by certified mail If the ten policy days cancelled for non-payment of premium only written notice to owner is required. 3. CONTRACTUAL COVERAGE: (Liability assumed by contract or agreement. and would uirementn~shown otherwise hsidenof othis liabilityre q I Certificate of insurance under Comprehensive Genera Liability, must iacludo a definition of coverage broad enough to provide coverage for obligations assumed by the the referenced contract. This Certicate of contrac Insurancerisnprovided as required by the governingicontract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), years which discovery period for a minimum of five (5) shall begin at the end of the warranty period. 5, FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to theuoperadamae Is tion caused by s of structurris or the peril of fire and due structures to if caused by the contractor. Limit of liability is to be a minimum o $500,000. 6r OWNER: The term owner shall include all authorities, and rtments, boards. bureaus, commissions' divisions, depa of the owners, and individual members, employees, and agents acting thereof on b half in of ththe eir ownficial capacities, and/or while I CI - 4 • l I I. ~ SID PROPOSAL ' l ~ DATE Proposal of ep7fw e, , A Corporation organized and existing.underfthe laws not the State•of or a Partnership consisting of _ 4er /!i ~4 & or an individual trading as "5i A ~f'avl r~! TO THE CITY OF DENTON DENTON, TEXAS Gentlemen: The undersigned hereby proposes to furnish all supervision, labor, materials, aquipmant, tools and necessary accessories for the construction of: Fire Station No. 6 Denton, Texas As set by the Specifications and all in strict accordance with the Contract Documents fora cta .pric , clud q all fdaptiiadL~ri~es q! ' -Dollars o" Figures (Note: Amount shall be shown in both words and figures. In case of discrepancy, the amount in words will govern. This total shall. be the same as the total on the S,immary Shoat.) Contracto 'agries to reach substantial completior, on or before dk 0 calendar days after the eats of written notice to proceed. Total bass price includes the following line item price for paving identified for lini item pricing: Dollars't J2 9,2 Figures) " j. . N F I1` I 4 - 1' 1 SCHSDUL OF AITERNAT£D; (SECTION 01030) i ~ Alternate No. is Delete "mini-blinds" at all exterior windows as specified. O DD (Circle one) C) CI Alternate No. 2: Add workroom, weight room and bunker room at Station 6 as shown. DEDUCT iS$M) (Circle One) ~ 7 0 Alternate No. 3: Add workroom weight'room and bunker room at Station 5, Bonnie View and Windsor Roads, similar to as shown for-S&Akion 05 1 J C/ • 0 Alternate No. 4: Add drive at Station 5, Bonnie View and Windsor Roads, as shown. , DEDUCT/qo (Circle One) $ ~ o o yz. ° Alternate No. 5: Delete fire hose stO,:age rack. / EDD ADD (Circle One) $f o, i Alternate No. 6: Delete split face block at masonry walls where shown; substitute.uncoursed roughly squared Texas white limestone. Seal limestone as recommended by supplier for condition shown. i a+•! (circle one) $ lo? G ~~1 ~ Alternate No. 7: Delete split face block at masonry walls where shown substitute Grade SW, Type FBS Face Brick, two colors and pattern as selected by Architect. ` f + 4:gff~F/ADD (Circle One) $ l 7 Alterante No. 8: Delete resilient flooring at Kitchen and Dinning where indicated; add unglazed parer tile as specified. -DEDUCT&(Circle One) a7. Q(/, "T i 1 ' i 1 UNIT PRICES: Unit prices for pier depth varying from estimated depth to bearing stratum indicated: 16" piers with casing, add per linear foot. 16" piers without casing, add per linear foot. 16" piers with casing, deduct per linear foot. 16" piers without casing, deduct + per linear foot. 20" piers with casing, add per linear foot. M 20" piers without casing, add per linear toot. 20" piers with casing, deduct per linear foot. 20" piers without casing, deduct per linear foot. r 24" piers with casing, add per linear foot. 24" piers without casing, add per linear foot. 24" piers with casing, deduct per linear foot.. 24" piers without casing, deduct per linear foot. 1 _ i J Signature A4 A 1-7 itle/Data Hid Proposal - 3 1 CBIC Home Office: 213 .O. Box lint 9171 Sum 19271 BID BOND P..O CONTRACTORS BONOW s<2ale, WA 98109-0271 AND NISllRAW COMPANY isoo 765--CBIC National (206) 382-9623 FAX KNOW ALL MEN BY THESE PRESENTS: That we, CDC CONTRACTORS, 711 MAGNOLXA, KENNEDALEr TX. 76060 as Principal, (hkreinafter called the 'Principal'), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Wuhington, as Su.Lety, (hereinafter called the `Surety'), are beld firmly bound unto CITY OF DENTON, TEXAS. u ObIipee, (hereinafter called the 'Obligee'), iri the suns of 5• OF GREATEST AMOUNT BID nottoexceed TWENTY FIVE THOUSAND AND N01100------------------------------- Dollars V (s 25, 000.00 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our beirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. F WHEREAS, the Principal has submiuedabidfor FIRE STATION i6, NEW CONSTRUCTION I I NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall eater into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful perforrnance of such contract and for th prompt paytrxat of labor and material in the prosectnioa t thereof, or in the event of the failure of the Principal to eater into such cone-ad and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the wort covered by said bid, then this wligation shall be null and void, otherwise to remain in full force and effect Signedandsealedthis 6TH day of JUNE A.D.19 91 CDC CONTRACTORS (Seal) / Prrnapal tYiuKSS ` Title S4 Contractors Bonding and Ins Company BRENDA BILDERBACK Witness HLEEN A. GILLESPIE Attorney-ir-F COMPLAINT NOTICE: StaN erly ft o arise about ywr premium in to wo ttr imam is trabto b tali ac>s3l "Di tUmttfsat yon hltn Owed, WfEtf to the Company that ib catac4d 659240 Uldw Nor pocky 1 b ROt feeOlWed, you may also cr cormaa Cr appri d Cr cerillaa F.& QGtt 149091, Aoft T= or widw" or earsrap16 h Pdcftlw traacaat o}usrouvso 7 4.9091, FU (612) 4754M. Tbb NUM of 400190 °f carficah Is °0t "A I procedure IS for 11021R!>16011 0* and OA73 002 tt000111e B 02Jt Ar an Y ~ or J aAat aote~gr , - ..a CBIC Nome Orrice: Limited , 2, 1 valley streb, P.O. Box 9271 CONTRACTORS BONDING Power of Aftmey SeaWk WA 98104-0271 AND II AMAM M KW (2N) SU-7M IPMMLMM ffY THEM PREWM ONOON,RACTORS BCPMANO BaS AWDE COWANC a oaprafr Ck* ogriead rd 60*1 Wdr h rw d sa Soo d NYdinpbq and bawp ■ DrWorabns.aharvC*A*%Wlrgb dmblpr.p.rr~l,ni..mrllrra+pv ~ntEH/Ar~ILLESPIE.dMrp,Tar,lrri►ana,runarwb,a.ibupo..rnaarsny '+w ffa=ft •aara n ad Yawrdad, SBAPP~►+P4~r^4tlyrotiaidil(~Mhmrmakrdd~oe~aM MSu~q~Arod~iendA~WurbRr~ Irrari d fddgc hBrf ~ Brda P'~q Ibn rwaYr~ Orals) r,AAb. 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On M M Wd burr, riW, pawn* gpwo STEA NA OME9, n r Irnab bba fr Praadaa dd i~mryaabfr arard M 6npeiq LYdrd PawrdAmrnr bd adrwfad7ad rid Unbd MwdAbM b ba M M rd mimwy tl rddmd d uW=i adior~ brtrrr andprpoartrwn arforrd, and an oa/r irbdfrdM Y alcrEed b awry lrad li+id Par NWESSWHEREOF, ilrrbrn so myWdrdaWdmya.idrdMdyrdyria ~,a, Kerry vrao r ra nr er erra wr+rpn r.raEg a swya s •pf~?'w~p: , N wft*r K" rtlraea* d ft Bard frawan of OWX CTM BONONfiMD to RQ CE arm rare YuoiCwlloaadMSwerrydWHTMCTM a01DpONOB16iIMNCE001FWKIrIMdnwrdltipobpYald,tuardmrWagdbDdDrlPo.rdMonryrwdqridCargnKrdderMrqdRwaNlNMard PardA,baay Y aW n kaoa aaf Nlad - GMUVWnrbrdd IRVING, TEXAS ft 6TH dgof JUNE 19 91 "7, 7 PadHi01.~-08a11711~ - I I~ T0631 CI j' .(f-,~ i~ Heme011loe: bmIted , 1213 Valley Sbeei PO. Box 9211 CoMrANY+ i F : , of Attomey sender WA 98109.0271 (20F) 822.7053 11 - I1710W A11 filar er r! 114SEMe WO oo'r11#ieroRs 90eOIf3AfO l Ocooinh Sidra, pi Cal t, dbdapy Ihdd FIANCE COIf+Af(I', Y m~bakn olgr~b r+d ery!^O Wr M aI M $iM to ~a~ c do Imb aaad a aoM o+.,. smau,ar.ra.~/sraalui ~+~cuF +w+avbtiMan.~a~ +~da! M'a6liUadY - M ~and~~*t ne aM~;,) seA Pui+ra p~ls,lnb,,,,.'d pyn~rat ~,v r~~w~r~ (r~2sa ~ ~ty~M tp1,p i buriedd PWIMlad(►tliWcdwdll~le,p7k0)MdMOm01mMd1MciaW d to ` 1 1 dWkw d~ dK bdnd{ PAW 10 a~ddda1r11 t*k1alAddilC Calls *k*q bb bordq, 4y1~d. 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I , it ~ ~I :t,. •1. l_ l~ ~.ee~gi 1, , f t l f ~0.P( SEAS.'' sv.a arks w.rdrr : l . l,: l+ f I I s „ 8 s J 8 HATE CIF a$ '-0pAlfy bf kfCl I l QiAilldyld. `r>qi:''` lr I4kIMG~,~ + ' , , I,►tAad Pba1f d 0a'ae'~ STEvfNA GA71ES b di 4vm b 6a M P+aidrl o`Y~ir.••• *1' bar~/1Ylarbed jldInddaadarWdm~aMOtilaMuwrd +b°+ldf0) NbnpingUMWPwwdA"rd wmwww &W d.. j : ' Pu7aeal lrroirmer'dard, a^d on 00 a0bd 11A M Y alrrlr,d b aaau N SW LO*d Foar t(:~ ff I( I tl r~ 1E~,IMYl7mb~r7hrIW486ad+nfd~M~}r HKDAgD 'j. INdrtPAMkIMrdkalbekpoll ewa. .t ? ~•-'ti`.y192 de/l~ tb:dd Cnail a ooM wroi~Ac 6 x#13 w0lyit hwof A"IIIiiandl/id Ird>wvrdlaapdgka#,d.wlrtdansdooprdeiQYN,Pcnird ~ ~'ralnkuac«eacbaNSaa.errd ~NTlucTOxs f)IVE X Wr I~-(#•r'I ~'.,ybidCarpnwandeoMhMay4errprlytdNaad ry IWd Y I t t E X!'IORIN$1f~IH l d" 01 If Rak001Eq{l60HSI , ~ FAL`PV' ' Ir'' ' \1 1 CONTRACT ACREEMENT i4 day of anvr~R ~ i 1 THIS AGREEMENT, made and entered into this I N I 19-IL" by and between THE CITY OF fl i ting through State of Texas, acof the County of DFN[Ol Party of the thereunto duly authorized so to do, LLOYD V . IlARRELL 1 First Part, hereinafter termed the OWNER, and TERAS 76201. CBS ROOFIlEG S ERVICE 5001 NES'L ANIVERSI''Y DRIVE DENTON, A DIVISION OF CBS MECHANICAL, INC. County of DENTON £NTON tereinafter of the City of D P party of the Second art, And State of TESAS s and agreements WIf1iESSETH: That for and in consideration of the payments termed CONTRACTOR. the Yarty of the First part date herewith, erformed by to be made and p 1 hereinafter mentioned, reseed in the bondsrbeatasrwiing the said party I and under the conditions exp ( the said Party of the Second Parrttence s dCcomPleteethe construction of certain of the first Part (OWNER) improvements described as follows: BID ~122~ under the terms as stated in the General ement st and expense and all extra work in connection therewith, and at his (or their) own proper co t(ols, superintendence, Conditions of the agre; lies, machinery, to complete osal all materials, suPP in the Prop furnish i labor, insurance, and other accessories and services necessary construction, in accordance with the conditions and prices stated Instructions stuctio all h(Advertisement conditions I , in accordance t at[ached hereto, and the No to Bidders all attached hereto, and in the Special Conditions, Bonds, blue rints, and other the performance and payment p to Bidders, and lens, which includes all Ma s $tplaeoE, and the Specifications with h edPor written explanatory Matter drawings and p K1t11iSi! X1f1111s<Xlt 10 x therefore, as prepared by I DUSTRIES INC. ectively evidence and all of which are made apart hereof and contract, constitute the entire I 1 r ; CONTRACT AGREEMENT PAGE 2 OF 3 SPECIAL CONDITIONS Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered and employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shell not have supervision 1 and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification i 1 ~ Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whim it is legally liable, with regard to t1e performance of this Agreement, and Contractor will, t its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work in or after the date established for the start of work as set forth in written notice to comsmence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in currunt funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. I 1 CONTRACT AGREEMENT PAGE 3 OF 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: I CITY OF DENIY3N Party of he First %rt, OWNER (SEAL) ATTEST., ccs ROOFING sEavlce A DIVISION OF Pa.t of the Second Part, CONTRACTOR CB MECHANICAL, nINC. By .2c 1CY.~f le 1, a 1. A I r Q r I/ Titl J SE H L Y, PR SIDE NF (SEAL) PROVED AS TO FORM; C~ttbrn`ey CERTIFICATE CF NSL'RANCE CITY OF CENTON - - - - - - - - - - - . 1 noire and Ad,]ress of Agency City of Denton Reference: 1 Proj,~ct ,lark: i Project r+(J : - - - - Phone - Project Location: - - - - Ilanaging OcpL: - Mare and Address of Insured: Companies Affording Coverage: Phore C - - - 1 This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this ti-:. k 2) The City of Denton is listed as an additional insured as to all applicao'e coverage. p,.cy Expiration Limits of Liability }trr_ Trpe of Insurance Pol_f!urh!r -Gate --------In thousands (000) i' Comprehensive General Liability r.- 2.r, 1 . Occurrence - Claims "adc (sce '(1413ge C1-1) Bodily Injury S Broad Form to Include: Property Ca ugo S Pr~,mi ses/Opera t i ons - - • Indr.ooml,:nt Contractors Pnn]ucts/Completed Operations Bodily injury and Prop,~rLy Personsl injury Uamdge Ccrr)ired 5 runtraclual Liability(see 1-Page r,1-4) . F-xpiosion and Collapse hazard - U» de%round !lazard Liquor Liability Coverage Fire Legal Liability (see 'S -Page C1-1) i Broad or;n f ty U-mage - f rofcssinnal'rf.o..rrro rs/Cmissions • occurrence • cl,lims rick (;to 41-Page CI-1) Ccmorehensive Automobile Bodily In~ury/Person S I Liability Bodily Injury/At: id^nL S } na]/i edz,:d Aut,:+`obi Irs Property Darrag,. - $ Non o',;ncd tiutorrobilcs " Hired AuLCaobil,:s Bodily Injury/Property 9a,}age Combined $ - 'corkers' C ensation lad Statutory amount la ers' Liability - I y -------------e,l-cF-,~ r cturcnt - Owners' Protective Liability S I - Other Insurance Cescription of Operations/Locations/Vehicles. r:y poli+:y ;I!all r`171r(' thirty (30) ildys notiCC of [a'iCol'lt'.nn, ne-„r'C1r2.W1, Ur material Chdrlgc In u.1jo r1.,1). Ilare and address of Certificate Holder. ' 3 45 SI. ih11_01 l r FIRE STATICN NO. 2 - 3309 E. MCKIN EY STREET - MUM, TEXAS - PAGE 1 PART 1 - GNT.AL INS'IR MICNS 1.1 QUALIFICATIONS FOR BIDDING: To qualify for bidding, each contractor is required to obtain a copy of the Bid Invitation, Proposal, General Instructions, Materials, E)acution, Drawings, Contract Documents, and attend the 1 Pre-Bid Conference at CITY OF DENTON SERVICE CENTER, 901-B TEXAS STREET, CITY OF DENTON, DENTON, TEXAS. 1.2 INSURANCE: i Without limiting any of the other oLligations or liabilities of the Contractor, the Contractor shall provide ant maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. I Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s)mhall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicted, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: (a) Thirty (30) days advance written notice of material change or cancellation shall be given; and i (b) The City of Denton shall be an additional named insured on all policies. 1.2.1 Workmen's Compensation and Employer's Liability: This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: (a) Workmen's Compensation - Statutory (b) Employer's Liability - Statutory FIRE SMION ND. 2 - 3309 E. M--KM Y ST= - DUMN, MAS - PAGE 2 1.2.2 Comprehensive Automobile Liability: This insurance shall be written in comprehensive form ■nd shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: (a) A combined single limit of $500,000. 1.2.3 Comprehensive General Liability: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: (a) A combined single limit of $1,000,000.00 k I i FIRE STATICN NO. 2 - 3309 E. hY_'KII4,EY SIR2 FF,.T - OENICN, TOW - PAGE 3 1.2.5 Summary/Definitions: Summary The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the / \r facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate I shall also indicate that the Owner will be given at least thirty (30) davs written notice of cancellation, + non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from nay deductible provisions, corridor of self-insured retention conditions of the policy or policies shall remain with the Cc.ltractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the LJ contractor directly in writing. Any notice to proceed that issued shall be subject to such approval by the Owner. Definitions ' 1. Additional Insured: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. Notice of Cancellation% Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium, only ten (10) days written notice to owner is required. 1 FIRE STATIM NO. 2 - 3309 E. f4zKDM STREET - UNION, TEXAS - PAM 4 1 Definitions - Continued 3. Contractual Coverage: (Liability assumed by the 1 contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverfi side of this Certificate, of Insurance under comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contactor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. Claims Made Policy Form: Required period of coverage I will be determined by the following formula: Continuous coverage for the life of the contract, plus one (1) year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. I , 5. Fire Legal Liability: (Required in all contracts that involve the occupancy, construction or alteration or buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of Liability is to be a minimum of $500,000. 6. Owner: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. 1 BID 01293 PAGE 1 OF 5 PROJECT #31082891 PROPOSAL: REROOFING FIRE STATION NO. 2, McKINNEY STREET CITY OF DENTON NAME OF BIDDER: CBS Roofing Services A Division Of C85 Mechanical, Inc. _ DATE: October 31 1991 MS. DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS DRIVE DENTON, TEXAS 76201 I i Dear Ms. Harpool: • the undersigned, in compliance with your advertisement for Bids for Reroofing on certain areas of the following building: FIRE STATION 42, McKINNEY STREET have examined the Drawings and Specification3, together with the related j documents ■nd all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents with the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of N/A five percent (5i) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA ;l: NIA (Initial) ADDENDA *2: N/A (Initial) ADDENDA #3: N/A (Initial) i I BID 01293 PACE 3 OF 5 PROJECT #31082891 PROPOSAr,: RER00'r REPAIRS AT FIRE STATION NO. 2, ?4cXfNNBY STPBFT CITY OF DENTON CONTRACT DOCUMENTS: Having examined the Proposal, CGrIetal Instructions, Materials, Execution, Drawings, and Contract for Project #31082891 and Conditions for Reroofing work, and having exaloitred tre pr%mi`es and i circumstances affecting the work, the undersigned offer' OFFER: 1. To furnish all labor, material, toolo, eAyiPNent, transportation, bonds, all applicable taxes, incidentals, and ott+et facilities, and to perform all work for the said Reroofing for the follorrigg faCility: BASE BID - FIRE STATION NO. 2, 3309 E. McKINNEY STREP : I f ` TWENTY THREE THOUSAND FIVE HUNDRED THIRTY EIGHT DODO/M23,538.00 UNIT PRICE PROPOSAL: 1. Remove and replace damaged decking: 96^ Per square foot. 2. Repair and replace deteriorated nailers: S 4.00 per linear foot. r 3. Install 4 inch roof drain: S 750.00 . j 4. Install 4 inch cast iron drain line complete with all Connections, elbows, etc.: S 18.00 per linear foot. 5. Additional cost over and above the contract #%tsnt for weekend or overtime requested by the Owner: 12.50 addinisl, pet Man Per hour. QUALIFICATIONS: 2. Contractor shall fill in below nArerial manufacturer's company name of materials being bid on. Coal-Tar Membrane: HYLOAD 150E Felt: TAMKO PLY IY Cold Process Manufaeturer:ROpF~01h1ENANCE SPECIALIST EXAMINATION OF SITE: 3. By signing the Proporsel Porn, Contractor acknowledges he or an authorized representative ran a1%00-fined the roofs and is aware of all field conditions (rooftop equipmdritr penetrations, roof drains, etc.) which may affect the work. TAXES: 4. Tax Exempt Number 75-1472277 s;lali ba used on this project. Tax should not be included in your bid. t 1 BID 01293 PROJECT #31082891 PACE 5 OF 5 PROPOSAL: REROOF FIRE STATION NO. 2, McKINNEY STREET CITY OF DENTON 1 (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience recorU of completed projects for examination by owner and architect, if same is reSuired. SEAL (If by Corporation) RESPECTFULLY SUBMITTED BY CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL, INC. A TIT~` Y , ` R_ i I EPH S. MULROY, PUR E IDENT 5 1 WEST UNIVERSITY DRIVE DENTON, TEXAS 76201 Indicate if: X)fXXU)EYJUXs Q(X) Corporation XX99")0iida If a partnership, list names and addresses of partners: I if corporation, indicate state in which corporation was organized and is existing: T -AA S Principal Stockholders: (Name and Address) JOSEPH S. MULROY, PRESIDENT, 5001 N. UNIVERSITY, DENTON, TEXAS 76201 MIKE C. SCHLOEMAN, VICE PRESIDENT, 5001 N. UNIVERSITY, DENTON, TEXAS 76201 1 ALL00016 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND COMMUNITY FOOD CENTER This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Community Food Center (hereinafter re- ferred to as Agency); ~ I E I' WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents nations Denton nwith- out regard to race, religion, color, age origi, and therefore HSC recommends funding the Agency; and 1 WHEREAS, the City has determined that the Agency merits assist- ance and can provide needed services to citizens of the City and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE~F lam-cos The Agency shall in a satisfactory and proper manner perform the following tasks: A. Utilize donations provided by businesses, individuals, churches, civic groups, and other to provide food, free of charge, to people in emergency situations. B. Each fanily will be screened to ascertain need and food will be provided accordingly. II. OBLIGATIONS O AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish, operate and maintain an account system for this program that will allow for ing of funds and a re- view of the financial status of the program. B, It will permit authorized officials for the City of Denton to review its books at any time. C. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Community Development 1 Office along with any amendments, additions, or revisions whenever adopted. D. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. E. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of tre Agency's fiscal year. F. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further action. G. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. H. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, 1 its employees, or contractors and save and hold the City harm-loss i from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or ooission of any act of any employee, agent or representative of the Agency. i I. It will submit to the City of Denton copies of year-end financial statements prepared by a certified Public Accountant. ' III. TIME OF PERFORMANCE The services funded by the city shall be undertaken by the Agency within the followinq time frame: October 1, 1991 through September 30, 1992. IV. METHOD OF PAYMENT A. City will pay utilities supplied by City of Denton util- ities up to a maximum limit of Two Thousand Eight Hundred Dollars ($2,800). Agency shall submit a copy of its utility bill to the Community Development office each month within 15 days of receipt of same. B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maxia.um sum of Two Thousand Eight Hundred Page 2 1 1 Dollars ($2,800) for all of the services rendered. 1 C. The City shall not be obligated or liable under Con- 1 tract to any party other than the Agency for payment of any monies or provision of any goods or services. 1 V. F. WATION The Agency agrees to participate in an implementation and main- tenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for re-the 's diecretion agreeview provide theeCityythe following d to aorireports: Agency I ' A. All external or internal audits if any are performed. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include, at a minimum, the following data: 1. Number of active volunteers. j 2. Number of families served. D. Agency shall submit a financial statement to the City at the end of the Agency's fiscal year. The statement shall include income and expenses for the preceding year. V1. DIRE F E1M1N9S During the term of this Contract, the Agency shall cause to be delivered to the city copies of all notices of meetings of irs Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. Minutes of ell meetings of the Agency's governing body shall be made available to the City within ten (10) working days of approval. VII. ,SUSPENSION OR TERMINATION The City may inswholedorrpart, terminthis ate includes to the Agency, Page 3 1 r but not he limited to the following: 11' A. Agency's improper, misuse, or inept use of funds. j I B. Agency's failure to comply with the terms and conditions of this agreement. i C. Agency's submission of data or reports that are incorrect f or incomplete in any material respect. r I D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the city may otherwise have arising out of this Agreement. VIII. CONFLICT QF--UTERES A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or ',direct, which wnuld conflict in any manner or degree with the pe~l:,rmance of services required to be performed under this Contra - c The Agency further covenants that in the performance of this Contract, no person having such interest shall he employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its govern- ing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of Jyoing motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the city and no member of its governing body who exercises any func;.ion or responsibil- ities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the contract which affects his personal interest or the interest in i any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, page 4 V \1 iq F in this contract or the proceeds thereof. IN WITNESS WHEREOF, the parties do hereby f x their i nature and enter into this Agreement as of the day of 1991. CITY OF DENTON, TEXAS ' BY: BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i i APPRO tASLEGAL FORM: DEBRA A. DRAYOVITCH, CITY,ATTORNEY i BY: COMMUNITY FOOD CENTER i a ATTEST: L S CRETARY Page 5 F 1 . e p:\wpHxs\T91<6k AGREEMENT BETWEEN THE CITY OF DENTON AND COLLECTION EXPRESS SERVICES, INC. TO PROVIDE COLLECTION SERVICES This Agreement is made on , 1991, between the CITY OF DENTON (City) and COLLECTION EXPRESS SERVICES, INC. (Collector) to provide for the collection of accounts receivable of the City. The parties agree as follows: 1. Collector's Services. From time to time, the City will send accounts receivable to Collector for ambulance, utility, mowing, and demolition services and other miscellaneous accounts that are owed to but have not been collected by the City. Collector agrees to work diligently and to put forth its best efforts to collect all monies due the City on the accounts receivable placed into the hands of Collector. Collector shall familiarize itself, its agents, servants, and employees with the Fair Debt Collection Practices Act and to abide with all governing laws regarding debt collections. J 2. Collector's Retention of Accounts. The Collector shall i retain mowing and demolition accounts for a period of sixty days IIII and utility and ambulance accounts for a period of twelve months from the date received by the City. Collector shall promptly re- turn the accounts to the City upon expiration of the period of time specified for retaining the account, unless an installment agree- ment to pay the account has been signed by the debtor within the time period Collector is authorized to retain the account. If collector does have a signed installment agreement, the Collector may retain the account until expiration of the time period in which monies are to be paid under the installment agreement, but no in- stallment agreement shall be made on a City account for a period of time in excess of twelve months without the City's prior written consent. 3. Collectors Compensation. As compensation for its ser- vices, Collector shall retain twenty-seven percent (27%) of the monies collected from each account sent to Collector by the City. 4. Records and Audits. Collector shall maintain records in a manner that it can provide to the City, within twenty-four hours, the present status of and the collection efforts expended on all accounts receivable held by it for the City. The City reserves the right to audit all financial and work records of the Collector to assure the City that proper reporting and remittance is being made. The auditing may be by the City personnel or by independent ac- countants, at the sole expense of the City. The audit must be per- formed on Collector's premises and the Collector will provide at its expense, work areas and documentation to assist in the audit. The audit must be performed during normal business hours, 8:30 to 5:30 central time, Monday through Friday, and shall be requested at least three business days in advance. 5. Collection by Attorney. Collector may recommend that an account be referred to an attorney for collection. In such case, the City may choose to have the account returned to the City with- out further compensation to Collector or the City may consent in writing to referral to an attorney selected by Collector. If the City consents to a referral to an attorney by Collector, the City shall advance filing fees and other court costs necessary to in- stitute and prosecute a lawsuit, but the City shall not be liable for the expenditure of any court cost or other fee in excess of r~ $300.00 for any one account unless the City ras given its prior consent. The City shall be paid sixty percent of the monies re- covered by the attorney on each account referred by Collector. 6. Collector's Monthly Reports. Collector shall submit to the City between the 20th and 30th day of each month the following reports on assigned accounts: A. Acknowledgement of Accounts Received B. Monthly Activity Statement C. Percentage By Month Report D. Cancellation Report (where account canceled prior month) 7. Remittance of Funds. Collector will remit to the City between the 20th and 30th day of each month the NET collections re- J ceived by Collector during the previous month. Collector may en- dorse any deposit item requiring an endorsement as agent for the City. Collector's statement shall reflect the gross amount col- lected on behalf of the City and the net amount due Collector. The City shall notify Collector of payments made directly to the City within seven (7) business days of receipt and the City agrees to remit to Collector within 20 days of receiving Collector's state- ment, any amount due Collector. 1 8. Term and Termination. This Agreement shall continue in effect from year to year, but the City or Collector may terminate without cause at any time by giving sixty (60) days written notice prior to the date of termination. If Collector terminates this Agreement, all accounts shall be immediately returned to the City and no compensation shall be paid to Collector past the termination date. If the city terminates this Agreement, Collector may con- tinue to render its services on the accounts it has for thirty days after the termination date and shall be paid the compensation esta- blished by this Agreement. After the thirty day period, Collector shall return all accounts to the City without receiving further compensation, except Collector may retain accounts for which the debtor has signed an installment agreement until the oxpi"ation of the time in which monies are to be paid under the agreement. Col- lector shall be bound by all the terms and conditions of this Agreement as to the accounts it is authorized to retain after termination. 9. Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by Page 2 certified mail to the parties as follows: City: Executive Director of Finance City of Denton 215 E. Mckinney Denton, Texas 76201 ~ Collectors Collection Express Services, Inc. 16360 Park Ton Place Drive, Suite 200 Houston, Texas 77084 ATTN: Vic C. York, President I 10. Indemnification. Collector agrees to indemnify and save harmless and defend the city at its own expense from any and every claim, demand, suit, loss, damage, cost and expense which the City mayysuffer rresult incur of Collector's acts, omissions ore conducts under Ci this Agreement. 11. Independent Contractor. Collector is an independent contractor in performing the services under this Agreement. 12. Bond. Collector shall obtain and keep in effect during the term of this Agreement and for a period of ninety days there- after, a surety bond from a company authorized to do business in the State of Texas in the amount of $10,000.00, guaranteeing pay- ment to the City of monies due the City under this Agreement. 13. Assignment. This Agreement shall be binding upon, and will insure to the benefit of the heirs, executors, and assignees of the City and Collector. 14. Venue. Any action brought by either party regarding this Agreement shall be brought in the court of competent juris- diction located in Denton County, Texas. COLLE EXPRESS SERVICES, INC. (Coll to ) ' / B ~ DATE VIC C. YORK, P ESIDENT CITY OF ENTON (C L ~y DATE ~ ~ '7 BY: Y ELL, C TYAGER Page 3 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS S KNOW ALL HEN BY THESE PRESENTS1 COUNTY OF DENTON S r The City of Denton, Texas, a Municipal Home Rule City situated in Denton 1 County, Texas, hereinafter called "City", acting herein by and through its City Manager and Joan Davit, hereinafter called "Contractor", hereby mutually agree as followas 1. SERVICES TO BE PERFORMEDs City hereby retains Contractor to i perform the hereinafter designated services and Contractor agrees to perform the I following servicesS i A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO B AID p=RACTQ : City agrees to pay Contractor l i for the services performed hereunder at a rate of ONE HUNDRED FORTY-FIVE AND 00/100 ($145.00) per eight (8) hour class, s 3. STUDENT FEES Contractor agrees to collect a fee from each individual attending the school. Said fee shall be set by the City and shall be turned over to the City by contractor within twenty-four (24) hours of each class. 4. §UPERVISIQji AND CONTROL SY CITYi It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for any purpose including, but not limited to, income tax withholding, social security taxes, vacation or sick leave benefits, workers' compensation benefits, or any other City employee benefit. The city shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder in accordance with the requirements of the Texas Safety Association, Department of Public Safety, and National Safety Council. 5. QUALIFICATTONS r Contractor must be licensed in Accordance with V.C.S. 4413 (29c), "The Commercial Driving School act." 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to contractor the following services and/or supplies: ' (1) Location to teach Defensive Driving Course classes and materials and equipment to conduct those classes. 7. INSURANCES Contractor shall provide, at his own cost and expanse, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 8. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' written notice of its intention to cancel this Agreement. f t INDEPENDENT CONTRACTORJS AGREEMENT - JOAN DAMS October 1, 1991 through September 30, 1992 Page 2 of 2 9. TERM OF CONTRACT: This Agreement shall commence on the lot day of i October, 1991 and end on the 30th day of September, 1992. EXECUTED THIS -&/-day of -QaA6ft_4_' 19 CITY OF DWONO TEXAS BY Drrc~ LLOYD V. LL ITY MANAGER C A ST: r J IFER *TERS, CITY SEC ARY APPROVED AS TO LEGAL FORHt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY$ t CONTRACTORt 1 BY t lam/ l/" ~t t l i AFF00037 t I t 4 LICENSE AGREEMENT TO ERECT SIGN of Denton, a home rule municipal 1 This agreement is made between th City ("licensor"), acting through its corporation located in Denton County, Texas and Denton Youth Sports Association duly authorized city manager, MO Joiner. ('licensee"), acting through its duly authortzed president, Licensor is the owner of certain property at Hack, Denis, Evers, and North Texas. Lakes Parks in the City of Denton, Denton County$ premises Licensor grants to Licensee the right to erect a sign upon the outlined in red on Exhibit "A", attached hereto and incorporated here for all purposes incident to this Agreement. 1 p, In consideration for this agreement, Licensee agrees to comply with 6, and 8 of the Policy Regarding Placement of Paragraphs 4' S' Athletic Fields, as shown in Exhibit "B", Advertising Signs at City attached hereto and incorporated herein. 3. This Agreement may be terminated by either pa•~y for any reason upon In additlin, this agreement may • giving thirty (30) days written notice be terminated by Licensor upon five (5) days iritten notice to Licensee of a breach of any term or condition of this Igreement. 4. Licensee agrees to erect the sign only aiier recruiting the specific written authorization of the Director RectorcreaLicenstion the and at that site as is designated by s in a safe, neat sightly ant' good physical maintain sign at all time, condition. Licensor shall be the sole judge of the quality of t maintenance, and upon written notice by Licensor, through its Director, stating in general terms how and what manner =fog°Eeuch~required ; required, Licensee shall be required to pe f If falls to do o, hen Liensor shalave he # maintenance. rf ormicthie aaintenance,sthetcost ofcwhich shalllbehbornetby r right , Pe 4 Licens~eeceiLCeoEeeinsall structioneefrarhthegD.rec[orhforptheirenovalmofisame. upon receipt 4 Licensee further agrees to erect end gumaintain idelines ofe thegnCity ofnDes'mton. ` ` with all rules, regulations end B obtain and keep Licensee stall, at its own reeponaibilisitsnn-cessary for the installation in effect all licenses, bon,is and pe and existence of the sign. f 5. Upon reement, Licensee agreee to immediately f r termination of this remove the sign from the premises and to t.±a tore the site to its ` original coidensor•shall have the right to remove thetssign duties under paragraph, L Licensee covenants the premises at no cost or liability to the city. and agrees to reimburse Licensor for such revoval or restoration. 6. Licensor shall in no way be responsible for loss of or damage to the sign or for any property belonging to or rented by Licensee, its officers, servants, agents or employees that may be stolen, destroyed or the erestio in any way damaged duria3 Licensors itosr officers,Ceagof th entse signs Licensee agrees to .indemnify + and employees from and against any and all such claims. 7 1 I to and defend Licensor, its officers, agents, erty lose or 7. Licensee agrees indemnify rsons, of any servants and employees against any claimcludings or death, suits to for any proppe damage or personal injury, arising out of or in connection character, whether real or asserted, or location of the sign whether or with the existence, maintenance, use' alleged negligence of officers, not caused, in whole or in part, by licensees or employees, contractors, subcontractors, and agents, servants, assumes all liability lo ees invitees of Licensor; and Licensee agents, servants and emp y out Licensor responsibility o` Licensor, its officers, Of or in for those suits or claims. Licensee shall thelikewiser arising indemnify for any injury or damage to the premises , whe its officers, acts or omis3ions of Liceaselicensees, invitees or conoection with say ac subcontractors, alleged negligence of employees, contractors, art by contractors, subcontractors, used servants, a in p trespassers or ca e M mployees, officers, agents, licensees or invitees of Licensor, 9. This License is personal to Licensee. It is not assignable without the J written permission of the Licensor. whether real or asserted, at law 9. Licensee agrees that should any action, or by Licensee's or in equity, rise out of the terms of this agreement, operations on the premises, venue for [hat action shall lie in Denton County, Texas. I action brought by Licensor for the renforcemenrecovet of rkeinterestt and 10. in Licensee, Licensor shall ll be entitled of any reasonable attorney's fees- ,,,,i• day In w [ es the parties have executed this agreement the 4 n~ of 19 CI,Y OF DENTON, LICENSOR LICENSEE, ' BY: I~ advr RESOLUTION N011%7iOa? A RESOLUTION ADOPTING A POLICY REGARDING PLACEMENT OF ADVERTISING SIGNS AT CITY ATHLETIC FIELDS; DESIGNATING THE DENTON YOUTH SPORTS ASSOCIATION AS AN ORGANIZATION PERMITTED TO ERECT SUCH SIGNS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Director of Parks and Recreation for the City of Denton has presented and together with the City Manager, recommend the adoption of a proposed policy regarding placement of advertis- ing signs at City Athletic Fields and designation of the Denton Youth Sports Association as an organization permitted to erect said signs; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: f i SECTION I. The Policy Regarding Placement of Advertising signs at City Athletic Fields, attached hereto and made a part hereof, is hereby approved. SECTION II. The City Council hereby designates the Denton Youth Sports Association as a Designated Organization in accordance with the above-referenced policy. SECTION III. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the L=L_- day of 1991. p BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: /71 I . r \``1 1 Policy Regarding Placement of Advertising Signs at City Athletic Fields Policy Statements The City, acting through its City Council, may designate a non-profit organization (known as "designated Organization") to erect and I maintain, according to guidelines, signs on the fences and the scoreboards at City athletic fields. Once the Council has designated an organization, the City Manager may execute a license agreement, for a one-year term, which may be renewed, with the organization. The Designated Organization shall be responsible for compliance with the requirements outlined below. In the event of non-compliance, the license agreement shall provide for termination. Requirementss 11 Subject to the approval of the City's Director of Parks and Recreation, the Designated Organization may select the size and type of advertising ` sign permitted. For scoreboard installations, the Organization mist receive approval from the Director prior to installation, 2. The Designated Organization may assign fields and dates for advertisements to its members, but the Designated Organization shall i remain responsible for compliance with these requirements. 3. The Designated Organization shall be responsible for maintaining the j signs and will replace or cause to be replaced any sign which has been ± ,R defaced by graffiti or has suffered damage due to vandalism or other wear or tear. 4. In the event of damage as described in Paragraph 3 hereof occurs, the Director shall notify the Organization that the sign must be removed within five (5) days. If, after five (5) days, the Organization has failed to remove the damaged sign, the City may cause it to be removed. If in the opinion of the Director, thy: sign presents a serious safety hazard, the Director, or his representative, shall notify the a Organization and proceed to cause the hazardous sign to be removed ianediately. i 5. The Designated Organization agrees to install signs level and plumb and in such a manner as to protect players from vhr fence. i 6. The Designated Organization shall not permit the erection of signs whicht a, have a white background. b. promote the sale or use of alcoholic beverages or tobacco products, or political signs; or c, have any sharp edges or corners. 7. The Designated Organization may retain the revenues received from the advertising signs. if 1 l 1 8. The Designated Organization shall Indemnify and hold hareless and defend, the City, its agents, employees and officers or, at the City's option, provide for the defense from any and all claims on account of any injury or damage sustained by any person or parsons arising from any act or omission of the Designated Organization in installing and maintaining the advertising signs described herein, specifically including damages arising from the negligence of the City. r a 1l1 1 f 4 i ADM01144 I t I k N f I i I i I E , r i J 4 U \ (0) Ko" FOR G G r 4 t I Q : R t .rr..o6a F O to s . M mvva i [!K[M ~ s G ` 6 ' T O/ - 'I MSWf.K/110K O 0 o" I I ~Q I © sO ~ ~ I I o ~ winw+oe = 4, Y4 KA N•yy • LEGEND i O SCHOOL LOCATIONS INDICATED NY LETTEN3 OK O PANT FACILITY LOCATIONS r INDICATED BY NUMBERS i M O © - f (3) DENIA PARR - 2 FIELDS AND SCOREBOARDS (4) EVERS PARR - 9 FIELDS AND SCOREBOARDS (6) MACK PARK - 3 FIELDS AND SCOREBOARDS (91 NORTH LAKES PARK - 2 FIELDS AND SCOREBOARDS 1 7' 41r- 1. CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, :Wade and entered into this 16 day of APRIL ~ A.D., 19,,Ut by and between Tug rrTV nc ncraTnnr of the County o: DEN TON and State of Texas, acting through LLOYD V HARRfLI. thereunto duly authorized so to do, i hereinafter termed 'OWNER,' and WILLIAM J. SCHULTZ, INC. DBA CIRCLE "C" CONSIRUCTION rnMPANY of the City of FT WORTH , County of TARRANT and State of TE)CAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and pecformed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 11229 - C.I.F. UTILITIES WATERLINE in the amount of $199,812.50. I ~ I and all extra work in connection therewith, under the teens as stated in the General Conditions of the agreement] and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s r 1 other drawings and printed or written explanatory matter thereof, and the Specifications theref:)ri, as prepared by CITY OF DENTON ENGINEERING STAFF r all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be / \I deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless ' the City of Denton from any and all damages, loss, or liability of any kind J whatsoever, by reason of injury to property or third persons occasioned by any it error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for rshom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s L ~ l IN WITNESS WHEREOF, the agreement in the year and da parties of these presents day first above written. have execited this ATTEST; CITY OF DENTON j OWNER 1 By 1111 C (SEAL) ATTEST: C~/'lr Lt WILLIAM J• SCHULTZ, Ec l-~, "Co IN C•, DBA CIRCLE CONSTRUCTION COMpANy CONTRA i By Title WILLIAM J. SCHULTZ PRESIDENT APPROVED AS TO FO (SEAL) City=Attorney f 011/s CA-3 1 W PERFORMANCE BOND STATE OF TEXAS COUNTY OF n TON KNOW ALL MEN BY THESE PRESENTS: That WILLIAM J. SCHULTZ, INC., DBA I CIRCLE "C" CONSTRUCTION COMPANY-, of the City of FT WORTH County of TA.RRANT and State of TEXAS I as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA as SURETY, authorized under the Iaxa of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON { as OWNER, in the penal sum of ONE HUNDREDNINETY NINE EIGHT HUNDRED SEVENTY TWO AND FIFTY CENTS Dollars ($199,872.50 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract ' J with the OWIER, dated the 16 day of APRIL 19 91, for the construction of BID 01229 - C.I.P. UTILITIES WATERLINE in the amount of $199,872.50. which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and l- maLanina Af aa/A.. Cnw~~•w►..w.i 0%a Dle., n,.a C..~n~~Iww►~~..w },w ~w►w .w..n~wJ ►1... .L/~ DISCLOSURE OF GUARANTY FUND NONPARTICIPATION In the event the insurer is unable to fulfill its contractual obligations under this policy or contract or application or certificate of evidence J of coverage, the policyholder or certificateholder is not protected by an insurance guaranty fund or other solvency protection arrangement for the following business lines: Ocean Marine Insurance, Credit Insurance, Fidelity Bonds, Surety Bonds, and Guaranty Bonds. I 4 . Y • Y PERFORMANCE BOND STATE OF TEXAS X COUNTY OF DF.NTox X KNOW ALL MEN BY THESE PRESENTS: That WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY , of the City of FT WORTH County of TARRANT , and State of TEXAS as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA as SURETY, authorised under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of ONE HUNDREDNINETY NINE EIGHT HUNDRED SEVENTY TWO AND FIFTY CENTS Dollars ($199,872.50 ; for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: 'HEREAS, the Principal has entered into a certain written contract with the OWNER, dated the t- day of APRIL , 19 91, for the construction of BID #1229 - C.I.P. UTILITIES WATERLINE in the amount of $199,872.50. i i which contract is hereby referred to and made a dpart hereof as fully and to the r i same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; % PB-1 I ri 1W V~' Mgt-- a~ i I { DISCLOSURE OF GUARANTY FUND NONPARTICIPATION . In the event the insurer is unable to fulfill its contractual obligation, under this policy or contract or application or certificate of evidence of coverage, the policyholder or certificateholder is not protected by ' an insurance guaranty fund or other solvency protection arrangement for the following business lines: Ocean Marine Insurance, Credit Insurance, Fidelity Bonds, Surety Bonds, and Guaranty Bonds. 4 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHIREOF, the said Principal and Surety have signed and sealed this instrument this 29th day of April 19 91 . WILLIkI J. SCHULTZ, INC., DBA j CIRCLE "C" CONSTRUCTION OMMU SAFEC~O INSURANCE COMPANY OF AMERICA Principal Surety By Bv! WILLIAM SCHU Z HERYL A KLUTIS I Title PRESIDENT Title ATTORNEY-IN-FACT Address P. 0. Box 40328 Address Safeco Plaza , Fort Worth. TX 76140 Seattle. WA 98185 I J (SEAL) (SEA.L ) The name and address of the Resident Agent of Surety is: JOHN A. MILLER b ASSOCIATES, INC. 2700 Airport Freeway, Suite $3, Fort Worth, TX 76111 NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b qF 71 3 1 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: That WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COriPANYof the City of FT WORTH County of TARRANT and State of -TEXAS as principal, and ~ i SAFECO INSURANCE COMPANY OF AMERICA authorized under the laws of the State of Texas to act as surety on bonds for THE CITY OF DENTON principals, are held and firmly hound unto , OWNER, in the penal sum of ONE HUNDRED NINETY NINE EIGHT - - _ ) HUNDRED SEVENTY TWO AND FIFT CENTS Dollars 3 199. 872.50 j for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract 19 91 with the Owner, dated the 16 day of APRIL BID 41229 - C.I.P. UTILITIES WATERLINE DENTON TEXAS - - - - to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to his or a this oobligation shall be void, otherwise to remain in fullrforce sand effect contracts then PROVIDED, IIOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 k~ 4w- s Surety, for value received, stipulates and agrees that no change, 1 extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 29th day of April 19 91 , WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMERICA Principal Surety I By B E WILLIAM J SCHUL S ERYL A. UTTS f , Title PRESIDENT Title ATTORNEY-IN-FACT Address P. 0. Box 40328 Address Safeco Plaza {i Fort Worth, TX 76140 Seattle, WA 98185 , I I (SEAL) (SEAL) The name and address of the Resident Agent of Surety Is: JOHN A. MILLER b ASSOCIATES, INC. 2700 Airport Freeway, Suite 03, Fort Worth TX 76111 PB-4 0092b 11AINTENA,NCE BOND 1 STATE OF TEXAS I COUNTY OF DENTON- X 1 IQdON ALL MEN BY THESE PRESENTS: THAT WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANS Principal, and SAFECO INSURANCE COMPANY OF AMER.C State of a Corporation aut orized to do usiness in unto Texas, as Surety, do ereby acknowledge themselves to be held and bound to pay thof the State of Texas, its e sum of NINETEEN THOUSAND NINE successors ' the City of Denton, A Municipal Corporation 1 of and assigns, at Denton, Denton County, Dollars 19.987.25 , { HUNDRED EIGHTY SEVEN AND 25 100--- eat of which sum said principal and the total amount of the contract for the payrs joinclq and surety do hereby bind themselves, their successors and asssigns, severally. This obligatic NI LIAM J. SCHULTZ, INC., DBA at: WHEREAS, said CIRCLE "C" CONSTRUCTION COMPANY has this day entered into a written contract wit t e said City o Denton to uild and construct BID 61229 - C.I. P. UTILITIES WATERLINE wh the ich contract and the plans sad specifications there M MentiaidoVtedd Sy City of Denton, are filed with the City Secretary of said City a are hereby part hereof as though the same ssly wereewrittenpand setdo trinnfullrhereinCeandand : made a FHI".EAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain andrkeepof no eoo(1)epair the work therein contracted to be done and performed for a ~backfill.ing that may from the date of acceptance thereof and do all necessary all repair necessary therewith growinga outd of or ari sing saryfrom workthteowimpardropether defective repair of of any construction of the improvements contemplated by said contractor it beingaundersto~d the same or on account of improper excavation or backfilling, condit is or to cover all labor defective sing that the purpose of this section by said Contractor, and in reason of defective materials, , work, reconstruct or maintain said case the said Contractor shall fail to r do isaid work in accordance with said improvements it is agreed that the City my contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NB-1 0093b t r NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of o::e (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have beer exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said WILLIAM J. SCHULTZ, INC., DBA CIRC "C" CONSTRUCTION COMPANY as Contractor and Principal, has caused these y presents to be executed y WILLIAM J. SCHULTZ. PRESIDENT IM and the said SAFECO INSURANCE COMPANY OF AMERICA as surety, has caused these presents to xcuted by its Attorney-in-Fact SHERYL A. KLUTTS and the said Attorney-in-Fact has hereunto set his nd this 29thday of April 3 1991 SURETY: PRINCIPAL: WILLIAM J. SCHULTZ, INC., DBA SAFECO I URANLE COMPANY OF AMERICA CIRCLE ''C'CONSTRUC ON COMPANY i BY. i BY: WILLIAA J. U + V PRESIDENT Attorney-in-Fact 1 RB-2 0093b I 0 1 ® POWER SAFECO INSURANCE COMPANY OF AMER AMERICA GENERAL INSURA E COMPANY OF AMERICA OF ATTORNEY MOMS OFFICE SAFE CO AIAL4 SEATTLE. WASHINGTON 98185 WEW 1 No. _-149$ l KNOW ALL BY THESE PRE TENTS: That SAFECO INSURANCE :OMPANY OF AMERICA ;.rd GENERAL INSURANCE COMPANY OF AMERIL A,each a Washington corporation, doe- each hereby jppoini ---JOHN A. MILLER; SHERYL A. KLUTTS; STEPHEN K, BRAULICK; Ft. Borth, Texas--------- its true and lawful attorney(s)-in•fact, with full authority to execute on its behalf fidelity and surety fonds or undertakings and other documents of a similar character issu -~J in the course of its business. and to bind the respective company thereby r 11 IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSUHANCE COMPANY OF AMERICA have each executed and attested these presents this day of April 19 Q1 CERTIFICATE I Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, "Article V, Section 13. - FIDELITY AND SURETY BONDS the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys - in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its l business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced. provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii( A copy of the power-of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof ' I, Boh A, Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMErfCA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the 2 r-Laws and of a Resolution of the Board of Directors of these corporal cps, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are shi in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of s3 id corporation th;, 29th day of April .19 91 y i 5 974 a to 3. eb POATEO A V 5 A i J 1 POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA F~CO HOME OFFICE SAFECO PLAZA + SEAT7LE, WASHINGTON 98185 {1 KNOWALLBYTHESE PRESENTS: No. _ 7498 Th;t SAFECO INSURANCE COMPANY OF AMERICA i.vd GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ----JOHN A. HILLER; SHERYL A. KLUTTS; STEPHEN R. ERAULICK; Ft. North, Texas--------- I its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this__ 2nd day of A~r11 191. CERTIFICATE Extract from the By-t aws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Articie V, Section 13. - FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority f to appoint individuals as attorneys-in-fact or under other appropriate wiles with authority to execute on behalf of the company hdefity and surety bonds and other documents of similar character issued by the company in the course of its business. , On any instrument making or evidencing such a instrument con}erri g ppointment,thesignaturesmaybeaffixedbyfacsimile On any ng such authority oron any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed rv in it y other manner reproduced; provided, however, (hat (he seal shall not be necessary to the validity of any such instrument or undertaking.'' i , EAract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF A61ER ICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 29, 1970. "On any certifiII executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the ~ power- of-attonney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a tars mile therkf " 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do herebycer(ify that the foregoing extracts of the By-Laws and of a Resolution of the Board of U rectors of these corporations, and of a Power of Attorney issued pursuant (hereto, are true and correct, and tha( both the By-Laws, the Resofution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation C this 29th day of - Aprtl 91 s 71axi0l rb rAlhrro .4 U s A lw I' COMPLAINT NOTICE-Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the company that issued the policy. If the problem is not resolved, you may a;so \ write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714.9091, FAX # (512) 475-177 . This notice of complaint procedure is for information only and does not become a part or condition of thi 1 Policy. CN--C"PLANT NOTICE-EFFEC rM OMDER 1. Mo I I I 1 1 ~ I 1 i I l f , i Y 1 ~ I 1 . ♦~~J UKt1iVVG :11 +~a: W,'~ AL~V;[t L':IGN~J INSURANCE: l Without limiting any of the other obligations or liabilities of the contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The 111 certificate(s) shall state that thirty (30) days advance written w notice will be given to the Owner before any policy covered thereby is changed or cancelled. Tho bid number and title of the project should be indicated, and the city of Denton should also be listed on all policies as an additional named insured. .To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change € or cancellation shall be givenp f o The City of Denton shall be an additional named insured on ` all policies. f I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This III insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's C compensation law. r The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500._ 00y 0.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. ` CI - 1 i a • 1. ensiv genecondtions Or require blasting, rals 1 bir "may direction, lity ~ underground operations, the comprehensive g to blasting# relativ coverage shall contain no exclusion damage eto underground explosion, collapse of buildings, property, The liability limits shall not be less than: 0 A combined single limit of $500 000.00 This IV. OWNER'S PROTECTIVE LIABILITY iNSURANCE POLICY. insurance shin 1 thprovide ne coverage of the !City heofOwDenton and for employees, that may be imposed arising out of the work liability the Contractor. This also includes being performed by liability arising out of the iomi nsurance oc supervisory s trictly for -the towner. of c the Although thi benefit r# thesContractor is sresponsible for obtaining it at his expense. Ii The liability limits shall not be less than: 0 A combined single limit of $5001000.00 j I,,IIRANr.E UUHMARY: erating ha2acds The Contract 'Shall provide insurance to crier o during the period of placing the facility in operation and during testing, and until such time sOwher facilities nc compleoedtand accepted for operation by the of the insurance by fact has been issued by the Owner. Approval the the Owner shall not in any way relieve or decrease the liability ood of the Contractor hereunder. it is represent ethat sthe specified limits of Owner does not in any !icy loans are sufficient or adequate LJ liability or coverage or p° to protect the interest or liabilities a of the certilicateacofr•insurance Again, the Owner shall be given and indicating that all of the Thev certificate shallh alsopindicate limits are indeed non-cenealastorthmatecial change of tthe that the Own ncelwill be lation, give at notice of ca for: payment of any required sums rinsesurultianceng cfroemaany All cdeductibleesponapcibiovisility °ocs, corridor shall self-insured retention conditions of the policy policies remain with the Contractor. The Contractor shall not begin any work until Ladd Owner enotified ethe wContractorpdirectly1e in insurance certificates Any notice to p~anera that is issued shall be subject to such approval by the CI City of Denton Reference: Naive and Address of Agency Project Name: 7 project 110: l Phone Project Location: Managing Dept: Companies Affording Coverage: Nam and Address of Insured: A a i Phone C at this tier. that: 1) Policies of inwrano6 listed below have bam iseu6d and an in fora 1 The I as additional I nsured as to all ap9li~ a / 11 This is to certify 2) T City certify Denton t: listed as Limits of liability Expiration In T M"ny T of insurance poll lumber Date ett r Vol Occurrence j comprehensive General Liability codily injury $ f - Occurrence - Claims trade (sec 04-Page CL -4) property 040496 f i Broad lore to include: !rood Bodily Injury and property - independent contractors = products/Completed operations - personal injury Contractu l Liabilapsisauard a~ C1-41 - Underground Hazard lon and - Liquor Liabi{ItY coverage CI-41 -fire Legal Liability (set +ge fessional Errors/omissions i fIIehty ad Form Property ccurrence laims made (see fl-Page Cl- ) Bodily inJury/person easive Artamobil6 Bodily lpiury/Accident property oama9e ed/Leased Aatamots wly Inju property _piMdulomoblles f - mired Statutory proont - Workers sation and Emp{rs~ Liability i owmrs' protective Liability Other Insurance renewal, or eyterial change in coverage. Description of Operations/Locations/Ythicles. Each policy shall require thirty (30) days notice of cancellation, ron- (See 02, Page CI-4). Name and address of Certificate Holder. CITY OF DEMON, TEXAS I N 1 f unitAS1NG AGENT "1-B TEXAS ST. SEE DEF1w11tnN5 uN PAGE Cl 4 ATTACIIEII. DEN10N, TEXAS 16201 t 1 1 DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed ofticials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be j given to owner by certified mail. If the policy is 1 cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3, CUNTRACTURAL CUVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this E Certificate of Insurance under Comprehensive General f Liability, must include a definition of coverage broad k enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,00U. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 ,j BID i 1224 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF 1 1990 CIP WATERLINES I IN DENTON, TEXAS erson or " The undersigned, as bidder, declares that the only p parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporations that he has carefully examined the form of contract, Notice to Bidders, specifications ' and the plans therein referred to, and h of carefulals examined the locations, conditions, and classes materi of the proposed work and agrees that r etu it aed_ovi er all the inecessary labor, machinery, tools, aPPa o items to construction, and will do all the work and furnish all the materials called for in the contract an icarequit in th rements of therein sat forth, according to thenCityprescribed It is understood that the following quantities o work be done at ynit prices are approximate only, and ace intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at easedunit prices and material to be furnished may be ncr or in the opinion diminished as may be considered necessary, planned and of the City, to gomplete the work fully as of work whethir increased to abeaperformedat quantities the unit prices set forth or n decreased at and below except as provided for in the specifications. not increa edtto shon on It is further agreed that' lump sum prices buacy be cover additional work ordered by the be they imth the plans or required by the specificationso, Si accordance provisions to the General Conditions. milarly# decreased to cover deletion of work so ordered. work is to on thebe is understood and agreed that the bidofull within the number of work days shown tabulation sheet. I P - 1 } 1 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. should bidder alter, change, or qualify an specification of the bid, Owner may automatically disqualify bidder. ' The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: I i i P - 2 t- WORK DAYS 45 BID NO. 1279 PO NO. 1990 CIP Waterlines BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL fS.ZA~o;LS .0 S?oo • 00 contractor s Warrant ea - LS and UnderstandLn a 1.21 ~)J CAS o0 500 2b. ~ b. 2.12.8-B Cast Iron Pittin s rt°` /L! 6 405 LF 1.12.20 6• PVC Waterline a aO0 °o 6• Gate Valve g 30 &A EA SO ° ° 2.13 ° /EA. Y/00 00 2.14 lire B drant o 0 00 100 EA /EA f~O43 2.16 Water Service 0 Reswve Concrete 6 SY ,s oo/SY 110 d 3-A P&Vea ant /Lt ° 3-B ReMve Curb and Gutter 69 1 o° 00 Aspha t Patch 520 Ton °O /Ton f 5.7-8 ( D) °0 /sY /600° ~ 40 SY 5.8 6• Concrete Pave"nt ao 00 Barrica as, Warn 69 signs LS .7000 AS 3000 8.1 and Detours .5-01 G.~ .sue Concrete Curb and 69 L! /1 LP 8.2-A Cutter °o i /L! SP-2 °o I Concrete saw cut lOS ~ ~ O 50 Cy S^ 1. SP-10 Rock Excavation 637 LP °O /L! 6Y7 00 SP-37 Excavation Protection 00 00 -0;0 2 EA ,s0 QA SP-39 Pro eat Si s 0 14 EA ~SO~SA S-p00 SP-40 Abandon WaNrline 5 EA /D pO ~ ~O0 0 SP-41 Abandon Valve mtAL p - 3 I 1 i BID SUMMARY TOTAL BID PRICE IN WORDS Iwo ~iu~~ieo~n/ne 7~fro~.son~ i In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of ! the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. . Unit and lump-sus prices as shown for each item listed in this proposal, shall control over extensions. L /~/c 'G' Cons/uc~en CONTRACTOR BY 14 c o.s oil . 1S5 n r ..T f~/GS'lOtn .SOO Street ress A To.:7ZI, a City an at Seal i Authorization (If a Corporation) 417 X 93 18 3 Telephone 1 B - 1 t i . 1 WECO NSUPANCE C ONVANY OF AfARCA e GV4ERAL NSLIPLAN E CO NVANY OF ANEPICA FAST NATIO AL NSURANCE COv1PA1W WC!) Ht~ O~FFI SAFECO PLAZA SEATTLE. WASHINGTON 98185 Bond BID BOND Conlome with The American Institute of Archilecte, AJ.A. Document No. A-710 WILLIAM J. SCHULTZ, INC., DBA KNOW ALL BY THESE PRESENTS, That we, CIRCLE "C" CONSTRUCTION COMPANY P. 0. Box Fort Worth, TX 70140 as Principal, hereinafter called the Principel, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a rwrporatim duly organized under the lawn of the Stale of Washington, as Surety, hereinafter called the Surely, are held and firmly bound unto CITY OF DENTON, Denton, TX as Obligee, hereinafter called the Obligee, in the sum of ***********FIVE PER CENT (5x) OF GREATEST AMOUNT BID*********************** Dollars (S for the payment of which sum well and truly to be made, the aid Principal sad the said Surety, bind ourselves,our heirs, executors, administrators, succerxcrssnd sssigns, jointly and severally, firmly by theespreeentc. i WHEREAS, the Principal has submitted a bid fat 1990 UTILITIES C.I.P. NOW, THEREFORE, if the Obligee shall secept the bid of the Principal Lod the Principal shall enter into a Contract with the Obliges in accordon" with the terms of suc% bid, and give such bond at bonds u may be specified in the bidding at Contract Documents with good and sufficient surety for the faithful performance of swb Coolml and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to eater such Contract and gin such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the pesully hereof between the amount specified in said bid and such larger amount for which the Obliges may is good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and seated this 71H day of MARCH , 19 91 . WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY (Sal) Principal Witness WILLIAM J. SCHULTZ, PR EST Title SAFECO j N URANCE COMPANY OF AMERICA Wit By SHERYL A. UTTS, '*uamsy-in- Fact t7 Reg,slereo lraaemrt of e&FECO Cor►oratlort S Sr Ea 7+770 "INTED IN U•x.A. 1 , i SAFECO INSURANCE COMPANY OF AMERICA POWER GENERAL INSURANCE COMPANY OF AMERIC4 OF ATTORNEY HOME OFFICE. SAFECO PLAZA SEATTLE. WAASHINGTOON N 98 98185 WASHINGTON SAP= No. 7498 KNOW ALL BY THESE PRESENTS: and GENERAL INSURANCE COMPANY OF AMERICA,eac!• That SAFECO INSURANCE COMPANY OF AMERICA a Washington corporatic roes each hereby appoint ---JOHN A. MILLER; ANNIE M. PINKSTON; SHERYL A. KLUTTS, Ft. Worth, Texas i its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICAand GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 13th day of August 19 87 this ~ 1 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS the President, any Vice Prsshall Secrhave and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, each euthoory to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on bey lSe of its company fidelity and Surety bonds and other documents of simartact r i atuued m he c mpany i facsi ourse On any business. . On any instrument making or evidencing such appointment, instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may impressed or affixed or in any other manner reproduced; provided, however, that the seal shall oof. b necessary to the validity of any such instrument or undeclaking." Extract from a Resolution of the Board of Directors of SAFECO INSJRANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The prov sions of Article V, Section 13 of the By-Laws, end pursuant thereto, and (ii) A copy of the power •of-attorney appointment (iii) Certifying that said power -of•attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." and of tSe Board E URANC I, Bon A. Dickey, Secretary of SAFECO INSURANCE COMPANY O f the ERICA a d of s GENERAL COMPANY OF AMERICA, do hereby certify that the foregoing extracts By-Laws Resol of Directors of these corporations, and of a Powerof Attorney issued pursuan! •'%ereto, are true ad correct, and that both the By-laws, the Resolution and the Power of Attorney are still in lull force rod +ffect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation MARCH .19 91 this 7TH day of F w I CERTIFICATE OF INSURANCE ISSUE DATE IAI'A OD;YY, X 5-2-91 ' rROOUCeR THIS CERTIfiCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE JOHN A. NIL.LER & ASSOCIATES INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. 0. Box 7214 POLICIES BELOW. _I Fort Worth, Texas 76111 COMPANIES AFFORDING COVERAGE (817) 834-7111 CO'APANY (817) 834-7115 (FAX) LETTER A ST. PAUL LLOYDS INSURANCE COMPANY 1 NsuncD COMPANY BST. PAUL FIRE IS MARINE INSUI:ANCE COMPANS LET TE WILLIAM J. SCHULTZ, INC. dba COMPANYC CIRCLE "C" CONSTRUCTION COtIPANh LETTER THE ST. PAUL. INSURANCE COLMANY P. 0. Box 40328 COMPANY lE7TER D Fort Worth, Texas 76140 CanPATr E LEI Ti COVERAGES THIS Li TO CERTIFY THAT THE. POLICIES OF INSURANCE LISTED BELOIA HAVE BEEN ISSUED TO THE 114SURED NAIAED ABOVE FOR THE POLICY PFRICO { INDICATED NOI)I14THSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO VIHICH THIS ' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES aESCRIBED HEREIN IS SUa7ECT TO ALL THE TEPNIS. EXCLUSIONS ANf1 CONDITIONIS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM; CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS I DATE )IJ6a DD+YY) DATE W-M OD4YY i ' GENEFALLIABILITY GENERAL AGGREGATE S 2,000,000 A X CC4^-ERCI rEPIERALIJADILIT+ 691NI47963 8-12-90 8-12-91 PRODUCTS Cd.IP*PAGO S 2,000,000 CiMADE X GccuR PERSOnaAA_V II1x1RY F ] 000,000 4 CAI S A CONTPACTOR 51 E AcH OCCURAE,IGE s 1,0c0 000 f X Includes COntraCLUal FIFEDAMAGE (Any a#fio^I S 50,000 IAEO ERPENEE IArY CITY Pti S on - 1 AUTOMOBILE LIABILITY COIdBRKD 51NGLE B X ANY AUTO 691N117963-1 8-1?-90 8-12-91 1 B 1,000,000 ALL Ti AUTOS BODILY INJURY y ! f IP,.r oer,a1 I SC Nl OULEU AUTOS ' X HIRED AJTOS BODILY RNJURY y i i (Pnr scVam4 X tAC'1 G'NhLG AUTO_° I i CAPAGP I.•.: 1'TV I PW,-PlR1V pAUAGF. S EXCESS LIABILITY EA',H OCCURRENCE S 2,000,000 C X UMBRELUFORH 691NH7963-2 8-12-90 8-12-91 AGGREGATE s 2,000,000 OTHEM Ti U0110 A FORA SIATUICRY liLB iS WORKER S COMPENGATION ACacENT I 500,000 C ANO 14V09102022 8-12-90 8-12-91 0;F45E-POLICYUTAIT L 500,000 EMPLOITNS' LIABILITY e,SEASi AU' EMI S '(1 OTHER I 1 DESCNPT,ON OF OPEIIAIIONSIL(>CATIONSIVEHKLESISPECUL ITEMS PROJECT: BTD 41229-C.I.P. UTILITIES WATERLINE I{` CERTIFICATE HOLDER IS AN ADDITIONAL INSURED AS TO ALL APPLICABLE C!)VERAC£S CERTCRCATE HOLDER CANCELLATION , SHOULD A.I;Y OF THE ABOVE DESCRIEED POI ICIES BE CANCELLED BzFORE THE CITY OF DENTON EXPIRATIO'J DATE THEREOF. THII ISSUI'IG CO•APANY YIILL ENDEAVOR TO PURCHASING AG N'T MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ' 901-B TEXAS STREET LEFT BUT FA'LURE TO VOI Si NOTICE SHP,'.L IK'POSE W OBLIGATION OR DENTON, TEXAS 76201 LIABILITY CF AV'/ KIT:' '-1 THE rOy''' Nr `}ET;T$ O' :~F~-:~ESE ITAPVES ^ AUIHOIUIE lPNESEN7AI LYE ACORD 2S•S ;740) RD CORPORATION 1990; E , k1_1 qw-_ ~ 1\ ISSUE OATS (MM*DNYY) acair:b., INSURANCE BINDER X 5 ;L /I l r' . THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. B NDER PA00WER i COW ANY ST. PAUL INSURANCE COMPANY I 1135 JOHN A. MILLER 6 ASSOCIATES, INC. EFFECTIVE f"MVION I µ n,ol AM P.O. BOX 7214 DATE i T"RE DAYS _ I+9 FT. WORTH, TEXAS 76111-0214 5-16-91 12:01 1 X vtl .6-16-91__.__ NOON (817) 834 111 (817) 834-7115 FAX THIS OMOER IS ISSUED TO EXIEMD COVERAGE IM THE ABOVE NAMED COMPANY PER WANG POLICY NO. COLE SUB-CODE ~DESCRIPTIIXN OF OPERATICNSWHK`LESMROPERTY prKMW+p LNKUbnI r PMRED iOWNER OF CONSTRUCTION PROJECT CITY OF DENTON, TEXAS I PURCHASING AGENT 901-B TEXAS STREET DENTON, TEXAS 76201 : COVERAGES r• C': ` t _ c.r.,.. II1104T . TYPE OF UNSUNANCE cawuDErtoRrs A11OU MY -OEOUOTIBLE COINSVR. PROPERTY CAUSES OF LOSS } BASIC I - 'BilOADf rSPEC - I GENERAL LABILITY 1 GFNERAl AGGREGATE.__.. 1950QIGd,D.04_ Owners 5 Contractors Prote':tive Liability I%~TS_~~ 6---------- --'OOMj'EAMS4~ OCCUR) Coverage -Ends. CG000° (11/55), CG2P.55 PERSONALS ADV.IFJUAY X! OWrtNER'SACONTRA TOA'SFOOT. (11/87)0 CG2824 (11/85, and IL0021 (11185) fEACHCOCURRENCIE 500,000.00._ Assigned Policy No. 541TE4351 FWEDAMAOEVoyw.IrPI S-_-------- .OOO AE 1110 DAI E FOR CLAIMS MADE'. I LIED ExrVe£ 4Mry NM Dwn7 I------- AUTOAIOBILE LIABILITY , COMS04ED SMGLE LIMIT f._------ ANYALTO BODILY INJURY IPM PP9VN _ S ALL OWNED AUTOS 4 B7DILY KA)RY (PM ACt4wiQ 6 SCHEDULED AUTOS `PROPERTY DAMAGE S - MIRED AUTOS I MEDICAL PAYMENTS f . MON-OWNED AUTOS PERSONAL INJURY PAOT. S _ GARA9E LIAR 0TY I UW ISUREO MOTORIST f AUTO PMYSICAL CAMAOE DEDUCTIOLE I ALL VEHICLES SceEDULEO VEHICLES AC tU AL CASH ~ALIAE _ ' COLLtSg1t I I STAT FO AMOUNT -I S OTHER I I I OTHER _ Ca EFCESS LABILITY EACH OCCURRENCE S UMDi1F1lA FORM 'AGGREGATE _ S - OrMEA THAN UMBRELLA FOOM AEIIIDOAiE FOR CLAMS MADE SELF-fµSUiIEDREIENTqN IS - 1 _ - - !STATUTORY LIMITS WORKER'S COMPENSATION EAq ACCIDENT 1 AND pSEASEiOIICY LIMIT S EAIPIOYER'S LABILITY DrSEASE-EACH EMPLOYEE $ SPECIAL CONOITIONSOOTHER COVERAGES Project Bid 6 1229 C.I.P. UtLlitles Waterline NAME a ADDRESS ADprgNAl Z'. MCWIGAOCE William J. Schultz, Inc, dba Loss PAYEE X ;Designated Contractor Circle "C" Construction Company LOANI P.O. Box 40328 Ft. Worth, Tx. 76140 A4THOR12E PAESENTATIVE 0ACORD CORPORATION 1990 ACORO ~5-S.(7l90~ - - l ~ 1 t I 4 WR 1 51991 LICENSE AGRFDE\7 BETWEEN ~ i'l f h'~N:"• F~~c 1HE CITY OF DEWM AND C11AMBF-RS WASTE SYSTEMS I. GRANT For and in consideration Of compliance by Chambers Waste Systems, hereinafter called the "LICENSEE", with the conditions set forth in this ing collection ofd sothe lid rags e, e the dC1Tregulations of the City Y hereby grants to Chambers governthe Systems a license to use. the public streets, alleys and thoroughfares within the corporate limits of the City for the purpose of engaging in the business of collecting and disposing of garbage, trash, rubbish, and solid waste from any person, as provided in Chapter 12 of the Denton Code of Ordinances, Sec. 12-23 and Sec. 12-24, from locations within the corporate limits of the City. I II. f TERM I 71,° term of this Agreement shall be for a period cortmencin ' n day of January, 1991, and continuing through the 31st day of upothe tst 1991, II. NON-WAIVER OF POWERS This Agreement shall not be taken or held to imply the relinquishment or waiver by the CITY of its power to make other reasonable requirements or regulations, and the CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure in the most i ample manner the safety, welfare and accommodation of the public includ- ing, among othc: things, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage and solid waste collections, and to provide such service as is contemplated by this Agreement. IV. SCOPE AND NATURE OF OPERATIONN' It is expressly agreed and understood that the LICENSEE shall use suitable containers to collect and deliver for disposal all garbage and solid waste removed by said LICENSEE. LICENSEE shall, at its own expense, furnish personnel and equipment to collect garbage and solid waste from customers. LICENSEE will establish and maintain in an -1- 152/121390053/1 efficient and business-like manner such scheduled routes and special schedules as may be necessary to fulfill the sold waste service require- ments of accounts located within the City. V. RtR.ES ATT1 RFW ATIGNS A. The City Itanager may impose all reasonable rules and regulations as a condition precedent to issuing a license under this article and as a condition subsequent to continuing validity. The City Manager may require LICFNSFF. to comply with regulations governing the type week vehicle to be used in collection, number of pickups per required, method and route for transporting said collection, and appropriate disposal locations and identification of trucks. Such rules and regulations shall be subject to the approval of the City Council and shall be transmitted to LICENSEE in writing. LICENSEE shall comply with such rules and regulations within ten (10) days of receipt of the rules and regulations. B. LICENSEE may not discontinue service to a commercial or industrial customer for non-payment without first removing the container. j LICENSEE agrees to notify the City of Denton Code Enforcement Division upon removal of container for non-payment. C. LICENSEE shall furnish CITY a list of the locations of its solid waste customers in the City on a quarterly basis for the purpose of updating the City's photometric indax information and to assist the City's Code Enforc•.nent Division in handling litter and debris violations of the City Code of Ordinances. LICENSEE shall provide the CITY with the first list not later than March 1, 1991. D. LICENSEE shall arrange for timely collection of large items placed beside containers by contacting customer to authorize collection. i In the event the customer does not authorize collection, LICENSEE { will notify the City of Denton Code Enforcement Division. V1. PAYMENTS The LICENSEE shall be responsible for billing accounts and collecting i payments from customers. VII. LICENSE FEE In consideration of the license granted in Section I hereof, LICENSEE shall pay to the CITY, at the office of the Executive Director of Finance, in lawful money of the United States, eight percent (8t) of its 2 - 152/121390053/2 1 gross receipts measured by the solid waste collection service fees and revenues collected the solid wother aste collections service source rthed corporate operation limits of the City of Denton. LICENSEE shall remit this license fee R nue,; bfrom t~col- or . leeeedrdurhngtth.etprevi( Otli rith each monthly so ol lection of commercial or industrial waste material which i'; recycled is not subject to the license wee unless there is greater (10%) non-recycled waste in a container. This compensation shall be in lieu of any other fees or charges imposed i by any other ordinance now or hereinafter enforced during the life hereof, but shall not release tho LICENSEE from the payo n o for valorem taxes levied, or to be levied, on property fees using the City's landfill. s for The books and records of LICENSEE shall be in r as dance with the or his designee ten Tsc of this 1 cense agreement. VIII. VRiICLE IDENTIFICATION The LICENSEE shall provide the City with a ° list ea h vehicles hick LICENSEEit operates and the make, model and body s sty1 clearly legible letters no i shall identify each vehicle on yeach vehicle identifying the applicant smaller than six inches (611) f by name. IX. r DISPOSAL OF SOLID WASTE The LICENSEE agrees to dispose of all solid waste the Stat~ofd;exahin tThe City at a sanitary landfill site approved by by thee LICENSEEhatranytttimedduringtthe landfill be used by X. TERMINATION rms or itions If any time LIMNSFE may, perform herein,drevoke herein set forth, CITY' CITY may, and cancel the this Agrecment hall be null ar:d void. The hearing on been shall by, registered or notice certified such mail hearing thegLICENSEEtat LICENSEE by Bit rsonally delivered to , the address shorn on the record of CITY or ~ LICENSEE, and a period of at least ten (10) days has elapsed since the 3 - 1S2/1213900S3/3 mailing or delivery of such notice. The notice shall specify the time and place of bye then CityrManagertofnthe rasos such license. The hear full City and the LICENSEE shall be allowed to be present and given set out opportunity to answer such charges h and healegations a are the City against him in the notice. If, after forth in Manager shall determine that the charges presented and allgations sringet , the CI in this notice are affirmed by the may revoke and cancel this agreement and the license, and the same shall be null and void. XI. ROOKS AND RECORDS The :iEF. shall maintain separate set oinvolvedsinncollectionffand dent t to to identify its -revenues and expenses limits of. the disposal of garbage and solid waste within the corporate City of Denton which shall separate the accounting records of the Denton operation from its other operations. The CITY may, at any time, cause an audit, either formal or informal, to its be made of the portion of LICENSEE 's book another records re re sentich may Denton operation or any portion of any of its operat additional amount be lloc to the Denton k d eaCITYaasdaoresultgof such audit shall be paid wi hin thirty (30) days following written notice to LICENSEE from the CITY. XII. INDaVIFICATION; INSURANCE The LICENSEE assumes risk of loss or injury to property or persons to y arising de from any of its operations under this Agreement, andmands, agrees suits, indemnify and hold harmless the CITY exrenses of litigation and } judgments, costs expenses, It is expressly ' attorneys fees, arising from any such toss or injury. limit the understood that the foregoing provisions shall not in any ~Y liability of the LICENSEE. The LICENSEE agrees to carry insurance a during the entire term of this Agreement as follows: a, worker's Compensation Insurance covering all employees of the LICENSEE engaged in any operation covered by this Agreement. b, Automobile and Public currencetY Insurance in amounts not less than $1,000,000 per occurrence. Such policies of insurance shall be issued b companies d shall name uCITY IZas an conduct business in the State of Texas, eneral terms and additional insured and shall insure CITY in the same g 4- 1S2/121390053/4 F lip to the same general effect as the foregoing Agreement of the LICENSEE to indemnify and hold harmless CITY, and certificates evidencing such insurance contracts shall be deposited with CITY. MI. ASSIC FNT No assignment of this Agreement or any right occurring under it shall be made in whole or in part by LICENSEE without the express written consent ~I of CITY. In the event of any assignment, the assignee shall assume the liability of LICENSEE hereunder. XIV. BANKRUPTCY This Agreement shall terminate in the rase of bankruptcy, voluntary or involuntary, or insolvency of the LICENSEE. In the case of bankruptcy, such termination shall take effect on the day and at the time the bankruptcy is filed. i XV. RIGHT TO REQUIRE PERFORMANCE The failure of CITY at any time to require performance by LIMSEE of any provisions hereof shall in no way affect the rights of the CITY thereafter to enforce the same. Any waiver by the CITY of any breach of , any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. XVI. MISCELLANEOUS A. If any provision of this Agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect. { B. The effective date of this Agreement shall be on January 1, 1991. C. All notices given pursuant to this Agreement shall be deemed suffi- cient, if given in waiting and delivered on a business day during normal business hours, and deemed delivered on the second business day after dispatch if sent by first class mail, certified, return receipt requested, addressed as follows: -5- 1S2/121390053/5 Y CITY: 1,1CFN'SEF. : City of Denton Chambers Waste Systems City Manager Attention: J,e€f-~eek~ V Post Office Pox 222134 215 East bkKinney Denton, Texas 76201 Dallas, Texas 75222 14 FXECfPED this Jday of ATTEST: CITY OF N etary oy rre City Manager ATTEST: LICENSEE: By. 7 e: ew.~e I91.!✓na~r- Chambers ante Systems 1 w 1 } r I 6 - 152/121390053/6 hsck ' r AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND COMMUNITY FOOD CENTER This Agreement is hereby entered into by and between the city of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Community Food Center (hereinafter re- ferred to as Agency); { WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assist- ance and can provide needed services to citizens of the city and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: f A. Utilize donations provided by businesses, individuals, churches, civic groups, and other to provide food, free of charge, , to people in emergency situations. B. Each family will be screened to ascertain need and food will be provided accordingly. i II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency i agrees to the following terms and conditions: A. It will establish, operate and maintain an account system for this program that will allow for a tracing of funds and a re- view of the financial status of the program. B. It will permit authorized officials for the City of Denton to review its books at any time. C. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of t r- . N~ 1 Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. D. It will not enter into any contracts that would encumber the city funds for a period that would extend beyond the term of this Agreement. E. At the discretion of the City, the Agency nay be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. F. It will promptly pay all bills when submitted unless there is a discrepancy in a bill: any errors or discrepancies in bills shall representatia for further action. of Finance or hi G. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. i H. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, I its employees, and/or contractors and save and hold the City harm- + less from all liability, including costs, expenses 1 fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent II or representative of the Agency. It will submit to tho financial statements prepared byiayCertified Public Accountant. ' III. DIME OF PERFOR}SANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1990 through September 30, 1991. / i IV. METHOD OF EM M N A. City will pay utilities supplied by City of Denton util- ities up to a maximum limit of Two Thousand Eight Hundred Dollars ($2,800). B. It is expressly understood and agreed that in no event under the terms of this Contract will the total compen:iation to be pai Dolldars ($2,800) for all othe f the services rendered. is expressly PAGE 2 6 r understood that this Contract in no way obligates the General Fund / or any other moniee or credits of the City of Denton. C. The City shall not be obligated or liable under this Con- services Agency for payment any monies tract to any party other than the or provision of any goods or V. EMMA= The Agency agrees to participate in an implementation and main- tenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for re- vi agewreeby the Cicy at to pr vide theeCityllthedfollowing. data aor ireports: Agency A. A17. external or internal audits if any are performed. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include, at a minimum, the following data: 1. Number of active voluntee-:s. 2. Number of families served. D. Agency shall submit a financial statement to the Cit} at the end of the Agency's fiscal year. Each tatement shall include , income and expenses for the preceding quarter. VI. DIRETINGS During the term of this Contract, the Agency shall cause to be + delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such s notice shall be delivered to the City in a timely manner to give brief deagrees adequate notice, and shall include an gency understands Lion of the matters to be discussed. that City representatives shall be afforded access to all Board of Director's meetings. Minutes of al' meetings of the Agency's governing body shall be submitted to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMILAT-iDN The City nay suspend or terminate this Agreement and payments PAGE 1 1 1 S to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data or reports that are incorrect 1 or incomplete in any material respect. D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in , writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In c:se of c.;_wInatijn, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising f out of this Agreement. `i VIII. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The , Agency further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its govern- ing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain fox, himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsibil- ities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in PAGE 4 J { 11 I any or association in which he has direct 1 corporation, partnership, interest, direct or indirect, or indirect interest; or (2) hate any in this Contract or the proceeds thereof. IN WITNESS WHEREOF, the parties do hereby f their day of , si tures and enter into this Agreement as of the 1991. h CITY OF DENTON, TEXAS { BY: BOB CASTLEBERRY# OR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: DEBRA A\.1 DRAYOVITCH, CITY ATTORNEY I ~ 4 BY: COKNUNITY FOOD CENTER DIRECTOR ATTEST: SECRETARY PAGE 5 I ORIGINAL THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON, DENTON COUNTY AGREEMENT Interstate Highway 35E from j IH635E to US77 North of Denton 1 WHEREAS, Denton County is among the fastest growing counties in the United States; and, WHERUS, much of the projected future growth of these counties will I generate traffic volumes beyond the capacity of normal major thoroughfares; and, RiIEREAB, it has been mutually recognized that improvements to the controlled access freeway will be required to accommodate this traffic; and, i WHERIA80 it is ~ uniformly recognized that a joint concentrated effort on behalf of the pubject entities is needed to accelerate the approval process of subsequent construction of improvements to IH35; and, WFUM AS, Denton County, and the City of Denton agree that the services of Winstead, Sechrest 6 Minick are needed to assist in the preparation of ' project development strategies and liaison with the State Highway Commission and the State Department of Highways and Public Transportation respectively, and, *DMMB, the Interlocal Cooperation Act, Article 4413 (32c) Vernon's Annotated Civil Statutes, provides authorization for any local government to 1 i contract with one or more local governments to perform governmental functions and services under the terms of this Act; TKUtEFORE, THIS AGREEKM is hereby made and entered into by Denton County and the City of Denton, upon and for the mutual considcration stated herein: W I T H E S S E T H I~IDenton county hereby agrees to employ, on behalf of the city of Denton, Winstead Sechrest and Hinick, as Consultants to assist in project development strategy and communication and negotiation with the State Department of Highways and Public Transportation; Winstead, Sechrest and Hinick to be + compensated a reasonable attorney's fee, not to exceed forty thousand and no/100 dollars (40,000.00), including expenses. i i I1. The City of Denton agrees to reimburse Denton County an amount not to exceed $5,860, as the City of Denton's share for the employment of Winstead, Sechrest and Hinick, hereafter referred to as "Consultants." III. i Denton County hereby agrees to pay Consultants on a monthly basis and invoice City of Denton monthly based on agreed cost share. I 4 ~l • ~j IV. the City of Denton has the As a consideration for agreed cost sharing, right to provide direction to the Consultants for the portion of IH35E within I the City of Denton's jurisdiction. V. Further, it is mutually agreed between Denton County and the City of Denton that whenever the Consultant(s) perceives direction given to the Consultant(s) by the City of Denton is beyond the agreed upon scope, the issue will be resolved by a consensus of all the entities involved in the IH35E i agreement with Denton County. VI. The City of Denton and Denton County hereby agree that this contract will he effective on the date of the execution of this contract. i VII. The City of Denton and Denton County hereby agree that this contract may be renewed for a specified period of time by a letter of agreement between the two parties. - 1• .l Executed this 3rd day of September 1991, by the City of Denton pursuant to City Ccuncii Resolution No. and by Denton County, pursuant to Commissioners Court Order No. 00020-09-91 i COUNTY OF DENTON, TEXAS unty edge CITY OF DEMON i Approved as to form and content Robert S. Morris Chief Civil Attorney Denton County i i 1 CONTRACT AGREEMENT STATE OP TEXAS )f COUNTY OF _.D i THIS AGREEMENT, made and entered into this 16 day of APRIL A.D., 191, by and between I of the County of DENTOl1 and State of Texas, acting through ~ thereunto duly authorized so to coo, LLOYD V. gARRELL ' hereinafter termed 'OWN&R,' and e At rcaV ►1[TflRTn_/~~' DAILE4 CpimSimuctl It Co: IIiC. 1 7 C T N L q,X AmTl 1Tn , County of of the City of and State of rEus , hereinafter termed 'OONMCTOR•n WIT49SSETHs That for and in consideration Of the payments and agreements hec•inaltec mentioned, to be made and performed by OWNER, and under the bonds bearing even date herewith, CONTRACTOR the conditions expressed in hereby agrees with OWNER to commence and complete perfocm2nce of the work specified below: and all extra work in connection therewith, under the terms as stated in the General conditions of the agreement; and at his for their) own Trope t'cost nd expense to furnish all materials, suanpolieot~e! achinessories ~ services superintendence, labor, insurance, and in necessary to complete the work sp•~:itied above, in accordance with the conditions and prices stated in the proPssal attacted berets, accordance with all the General Conditions of the thenattuctiSpon esial for b01I Conditions, the Notice to Bidders (Advertisement eall attached hereto, and in Bidders, and the Performance and Payee accordance with the plans, which includes all saps, plats, blueprints, and CA-1 ` 01148 1 . other drawings and printed or written explanatory matter thereof, and the 'Specifications therefore, as prepared by riT4 ny nErmm FNrTNFF:RlNr "AFF , all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the ! purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City manager of the City of Denton, Texas, or his designee under this agreement. Indemnification J Contractor shall and does hereby agree to indemnify and hold harmless F the City of Denton from any and all dasages, loss, or liability of any kind { whatsoever, by reason of injury t:, property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance o1 this Agreemnt, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to ' such extensions of time as are provided by the General and Special conditions. The OWM agrees to pay the COWMCTOA in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA.2 01144 I ' 1 IN WITNESS WHEREOF, the patties of these presents have executed this 1 •agre'ment in the year and day first above written. 1 EST: CITY 6F ENTON OWNER . (SEAL) F ATTESTt I l CONTRA By itle +G~~glRUC/1pNo O 0 APPROVED As To FORMt City Attocney CA-3 011/s ,1 I DCC-581 P£RFOR."ANCE BOND STATE OF TEXAS DENTOt'3 ) COUNTY OF LNOW Am KIN By THESE PRESViTS: That ' u: the City of SAN AxroNlo Co watt' of SEXAR , and State of as puNCIPAL, and FAME INS E OOMPANY as SURETY, authorized under the lava of on bonds for ptineipals, are held and firuly the State of Teas to act AS surety E bound unto the TSE CITY OF DtNTON ItifELVE D I Irmo SEV am SIGHT ril sum of as OWER, in the pe spa ao ) for the payment whereof, the said ~ Dollars ( Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigne+ jointly and aeverallys by thane presentss wanAS, the Principal has entered into a certain written contract 1g_U, for the construction of xith the 04fiFA, dated the t'6_ day of ►oar...~~ ' BID 1 1223 - DAILEY CONSTRUCTION CO. In the amount of =112,678.49. I ' which contract is heraby referred to and made a dpart hmraof as fully wad to the same extent as if copiad At length herein. NOW, THMFOR£s the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all rsapec si conditions and agreements in and by said contract agreed and covenanted iq the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Flans and Specifications hereto annexed, than this obligation shall be voids otherwise to regain in full force and effects I Fb-1 i PROVIDED, HOIEM o the: this bond is executed pursuant to the provisions of Article S16O of the Revised Civil Statutes of Te,raa as amended by acts of chit :6th Legislature, Re;ular Session, 1939, 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 topical at length herein. PROVIDED PUMA, that if any legal action be filed upon this bond, venue shall lie in EN County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the texas of the contract, or to the i work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall is anywise affect its obligation on this bond, and it does hereby waive notice of any suCIA elu+nge, extension of time, alteration or additica to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WE OP, the said Principal and Surety have signed and i sealed this instrument this 16th day of APRII< , 1951..• ~~i[t~~~ytira Cf ~c-, W=LE INSURANCE COMPANY P RUCI*0a Surety :v I By SJAYMOND IGirrmm Title Title ATinRNFY-iN-FACT _ eOz~O R ~ '~"`~`'"Address 14607 SAN PEDRO, SUITE 211 Address t 2to - V 6=10, TX 78232-4370 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is.' FRANK R, 61PYAMFR P D WX 790868 SN1x"u'i'n "M- T - 78979 - NOTES Data of Road must not be prior to data of Contract. P B-2 0091b Nettlesome { .1 PAMIENT BOND DOC-581 STATE OF TEXAS X COUNTY OF DEN rON X ~i KNOW ALL MEN BY THESE PRESENTS: That DAILEY CONSTRUCTION CO. of the City of SAN AwTnmTn County of aasa and State of TEZLS__, as principal, and FAG LE INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CYTY OF DENTON , OWNER, in the penal sun of ONE HUNDRED TWELVE THOUSAND i e,. SEVENTY EIGHT AW 69/100---- Dollars 31jZja .49 ~ f for the payment whereof, the said Principal and Surety bind themselves and their heirs, adainistrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain writtea contract with the Owner, dated the 16 day of APRIL , 1991 I DAILEY CONSTRUCTION CO. BID 1 1223 - in the amount of Stt2,678.49. I' to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosectiou of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PS-3 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 16th day of APRIL , 19 91 ~A/ -i- ~`AO ✓ EAGLE INS[WCE OOMPANY 01 incipal Surety eyL WAIT D LIG 1 ~ Title J iN f Title ATTORNEY-IN-FACT I ~ ~euwgy J Addres t C7' NAc71 Address 14607 SAN PEDRO, SUITE 211 j0 SAN ANTONIO, TX 78232-4370 L l~fi9sCp~ GRA1\~~ea iiiauu' (SEAL) l } The name and address of the Resident Agent of Surety in: FRANK R. ALEXANDER P. 0. SOX 790868 SAN ANTONIO. IX 7827 I PS-d 0092b J ~ I ' 1 To be attached to Bond No. DCC-581 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company, ' a company domiciled in Texas, having its Drincipal office in San Antonio,Texas pursuant to the following resolution, adopted by the Board of Directors of the said Company on April 27, 1987 to wit: "The Chairman, Managing director or Secretary shall have authority, severally, to make, execute, and deliver a power of attorney constituting as , 1 Attorneys-in-fact such persons, firms or corporations as such officers may select from time to time." THEREFORE, the undersigned hereby make, constitute and appoint Waymond Lightfoot its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf and as its act and deed as follows: I Limited on behalf of the Company to the sum USS500,000 in its business and in accordance with its charter, to bird Eagle Insurance Company thereby, and all of the act of said Attorney- in-fact, pursuant to these presents are hereby ratified and confirmed. , In Witness Whereof, Eagle Insurance Company has caused these f presents to be signed by its Chairman, Director or Secretary and its Corporate Seal to be hereto affixed. ' 1 EAGLE. INSURANCE COMPANY Chairman/Managing Director/ Secretary CERTIFICATE I, the undersigned, Secretary/Director of Eagle Insurance Company, DO HEREBY CERTIFY that the fore,oing and attached Power of Attorney and Certificate of Authority remain in full force and 1 has not been revoked; and, furthermore, that the Resolution of 1 the Board of Directors, as set forth in r.he Certificate of Authority, is now in force. Signed and sealed at San Antonio, Texas this 16th dal of APRIL 19 91, e r_tary/Direct, THIS IS CERTIFICATE NO: PAS FOR POWER OF ATTORNEY 1 MAINTENMCE BOND DCC-581 STATE OF TEXAS X COUNTY OF DENIM I I KNOW ALL MEN BY THESE PRESENTS: THAT DAILEY CONSTRUCTION Co, as Principal, and EAGLE IN a Corporation aut priced to o usiness in the State of Texas, as Surety, do ereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors ' and assigns, at Denton, Denton County, Texas the sum of ELEVEN TQOIISAND Two 9DNDRED ~a~_ASof SIETY Dollars J j t e total amouat of t e contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligaticn is conditioned, however, that: i WHEREAS, said DAILEY CONSTRUCTION CO. has this day entered into a written contract with the said City o Denton to build and construct j1771 aFrar r'REEL SAJLLZ= emme --x1n which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the sold plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilliog that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper eicavation or backfilling, it being understood C that the purpnse of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and ^harge tna same ago not the said Contractor and its surety on this obligation, and Said Contractor aaL surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b , I ?10i1, THEREFORE, if .he said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; other-wise, to remain in full force and effect. It Is further agreed that this obligation shall be a continuing one against the Principal and Surety sad that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond ahall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN FITNESS WHEREOF the said DAILEY CONSTRUCTION CAMP xecute Contractor nad rincipa , a caul sae presents [o 15 1, e and the said y as surety, has caused sese presents to be executed by its Attorney-in-Fact NAM and the said Attorney-in-Fact has hereunto set hiia- and this 16th day of APRIL f ' SURETY: PRINCIPAL: WLE llmwm NV X& C. BY: {JA"" D L GHIFbprT Attorney-in-Fact figs~~RPOR f 0093b To be attached to Bond No. DCC-581 ^0146:t OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company, a company domiciled in Texas, having its principal office in San Antonio,Texas pursuant to the following resolution, adopted by the Board of Directors of the said Company on April 27, 1987 to wit: "The Chairman, Managing director or Secretary shall have authority, severally, to make, execute, and deliver a newer of attorney constituting as Attorneys-in-fact such persons, firms or corporations as such officers may select from time to time." THEREFORE, the undersigned hereby make, constitute and appoint S: -ond Lightfoot its true and lawful Attorney-in-fact, with full p r and authority hereby conferred in its name, place and S, i, to sign, execute, acknowledge and deliver in its behalf ar.' 3s its act and deed as follows: I Limited on behalf or the Company to the sun US$500,000 in its business and in accordance with its charter, to bird Eagle Insurance Company thereby, and all of the act of said Attorney-in-fact, oursuar.*_ to these presents are f hereby ratified and confirmed. In Witness Whereof, Eagle Insurance Company has caused these r presents to be signed by its Chairman, Director or Secretary and its Corporate Seal to be hereto affixed. EAGLE INSURANCE COMPANY Chairman/Managing Director/ 1 Secretary CERTIFICATE I, the undersigned, S_cretary/Director of Eagle Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power or Attorney and Certificate of authority remain in full forca and has not been revoked, and, furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of " ority, is now in fo:oe. Sign.d and sealed at San Antonio, Texas this 16th day of APRIL 1991. - Jt YYt • u e r_carfr'Dlrect THIS IS CERTI:ICATL NO. PAS FOR POWER OF ATTCR?4EY 1 ~ - 1 I CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the contractor shall provide and maintain until the contracted work and/or material has been o~cinimum/insurance and accepted by the City of Denton, owner, the coverage as indicated hereinafter. , Satisfactory certificate(s) of insurance shall be filed tructionhwthe Purchasing Department prior to starting any cons or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance covered notice will be given to the Owner before any policy The bid number and title of the thereby is changed of cancelled. project should be indicated, and the City of Denton should also that: insured. To policies be listed on al:. as an addtional avoid any undue delays,it is worth reit rati g named a Thirty (30) goys advance written notice of material change I' or cancellation shall be givens o The City of Denton shall be an additional named insured on all policies. s f I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. aThi ims insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The rs protected against claims injury, for any nuryy, , disease# or death of employees reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: 0 Workmen's Compensation - Statutory 0 Employer's Liability - Statutory This insurance shall II. COMPREHENSIVE AUTOMOBILE LIABILITY. be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from are motor owned, nonownedicor a hired~r highway use, the use whether they The liability limits shall not be less thane o A combined single limit of $500,000.00. This insurance shall be III. COMPREHENSIVE GENERAL LIABILITY. written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the rising out of any act or omission of property rContractoreor l a 1 his agents, employees or subcontractors. CI - 1 W 1work, or work under his the extent rthe equiretblasting► ex plosive conditions, di[ectic+n, maYrations, the comprehensive general liability underground ape relative to blastingr coverage shall contain f no ex 9s i or damage to underground explosion, collapse buildi, property, The liability limits shall not be Less than: o A combined single limit of $500404.40. LIABILITY INSURANCE POLICY. This IV. OWNER'S PROTECTIVE rovi~e coverage for the owner and for ' its insurance shall p of Denton, employeeSt in the name of the City out of the work liability that may be imposed arisinThis also includes erformed by the Contractor. or supervisory acts being p arising out of the omissions liability his insurance is strictly for the of the owner. Although t Contractor is responsible for the Owner, the benefit O obtaining fit at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00. INSURANCE SUriKARY: hazards { provide insurance to covet operating The Contract shall the facility in operation and during 5 during the period of placing comleted and notice Of that testing, and until such time the sotherfandlwriitten are accepted for operation by owner. Approval of the insurance by fact has been issued by way relieve or decrease, a the the owner shall not in any it is expresslY undo eciftoo limits he of the Contractor hereunder arepresent that the sp uate owner does cove rage or policy forms are sufficient or adeq Or liability to protect the interest or liabilities of the contractor. Again, the owner shall be given a certificate Of insuance indicating that all of the above policies and the appropriat also indicate limits are indeed enforced. The certifica ) days written will be given at least thirty (30 riall change written that the Owner non-renewal, or mate a went of notice of cancel iatiove All responsibility for co ment or required insurance cLtcsaany deductible provisions, policies shall any sin resulting self-ins self-insured retention conditions of the policy ° begin any LOhVeldl the insu ranc remain with the Contractor. The Contractor • work until the owner has reviewed and app certificates and so notified the Contractor directly in writing to proceed that is issued shall be subject to such Any notice approval by the owner. CI - 2 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00. IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its ' eaployeas, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts I ' of the Owner. Although this insurance is strictly for the f benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00. INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as tho facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the owner shall not in any way relieve or decrease the liability 4 of the Contractor hereunder. It is expressly understood that the owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the owner has reviewed and approvod the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 .I CERT I F I CA TE Of I ASI/IAMM CITY OF DL)(TOM City of Dom1 Flatsrerto I Name aed Address of Apitey Project Mwt Project Not Phone Project Locstlont Managing Dspti Now and Adtkwe of Insureds Wigton l« Affording Coveraps A 6 ' Photo C 2 an additionealol Inslisted below ured as to all he" boo [cable cowrpew In face et "is ties. Wit Is City of Omt "tati 1) Is I Isfed ftlicies of CAWWY Exa[ration `pelts of Llaiillty Rmamok (OM) Letter T of I mwomm Po Ii ev Number 004 C opreheme I ve gaeera I Li ak l I I ty Oxurnng -cola err Made (a« 64-Page C14) awlly Injury $ I Brow Farms to I me t U&S Property Base" - Prowl soa/Oparattons - Independent C4n+rsctor OWetEons Bodily Injury and haperfy s Prodssets/Cas'Ieted Opar Personal Injury - Contractual Liability(see 1s3-Pap CI-4) Ommep Vedw9rawA MM Flarard U - Liquor Liability Covrep - fire Lgal Llaillify (e« g'! op CI-4) - Broad Form Property Omep - Professional Errors/Ael clans - claimside (sea 114-Pap CI4) Ive Am? It* Bodily Injury/Perw LI Ilify Bodily IwlJury/Aoeideet - Ounsd/Leeeed Auft oiIles Property Oasmp = I(onomted Aw+cm I I as Hired Autwilies Bodily I njury/Proprty pwp Cosilned f -Workers' Cowerm'lea and ~ ~ ~"t Egleyers' Liability dam - Owners' h0metive Clad I ity 1 Otter Inwraee Omwiptlon of OpsratloasAmeatla lVeltIcles. Each pel ley shell require thirty (30) days notloe of canoallatles, moo-re mwuel, or sotriat chatp to covsrep. (See 02, Pop CI-/). Mme ad awki of Carts f l"% )folder. CITY OF DEMTOM, TEXAS mm" I KV Aam ' 901 -8 TEXAS ST. DENTON, TEXAS 76201 i DsFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and , appointed tficials, officers and employees. (This does not apply to Worker's Compensation.) I 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or - agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Cosprebensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Inaurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of covsraga will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to ptopecty damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The tees owner shall include all authorities, boacda, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. r'r _ a BID i 2~2 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF PECAN CREEK SANITARY SEWER OUTFALL IN DENTON# TEXAS , The undersigned, as bidder, declares that the only person of parties interested in this proposal as principals are those 1 named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefullY examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that C he ue/ l provi otheder all the inecessary labor, machinery, tools, appa and items al! to construction, and will do all the work and furnish all the , materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. done at unit stood prices that ace the approximate quantities of work to be it is under only, and are intend ' principally to serve as a quids in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or n the diminished as toy completesithesdwork necessary, as plannedinand of the City, contemplated, and that all quantities of work whether increased set forth decreased as provided performed for o in e the specifications, below except It is further agreed that lump sus prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the decreaseda to to the General cover deletion Cofdwork ao orderedacly, they may be sunderstood and agreed that the work is to be completed full within the number of work days shown on the bid tabulation sheet. P - 1 1. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, :n the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid ~ security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure 1 of the bidder. Owner reserves the right to reject any and all bids', owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specificationa, for the following sum or prices, to wit: i i I I P - 2 WORK DAYS 30 BID NO. L223 PO NO. Pecan Creek Sani:ary Sewer putfall BID TABULATION SHEET ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL ContraCtOc's Warranties LS Are) LS 1.21 i Understandin s 6' PVC Water Pipe for 155 LP /Lp 2.13.14-A Sanitar Sewer 150 PVC Sanitary Sewer 2 743 L8 ?47 L? 2.12.14-B P! a ~f Rewove Drlvwa 15 SY SCE/SY /sue 3-C ~ ru TON 5,7_g 2' Asphalt Patch 20 TON 1 EA 7.6-A 4' Concrete Manhole 2 7.6-8 5' Concrete Manhole 2 EA JWL''e/EA 40 C `t" 8.1 Detour 31 nit / 7.6-C D[o Manhole n Rebuild Existing Manholr 1 EA O c* EA e) 7.6-D To Dro eacricado", Warning, and LS ~ lt)~'` ~ lg SY ~ SY fis' 8,3 6' Concrete D[ivewa o` 1 CA CA WS.11-A 4' Sever Service i SO LP L! i gp_2 Concrete saw cut Break into Existing 1 EA _ o. SP-6 Manhole EA -;CC C' EA 11 3 SP-8 Abandon Manhole SO CY CY SG :J SP-10 Rock Excavation LP Q LP~' ~a Sp-37 Excavation Protection 1 383 SP-39 Pro fCt 31 ns 2 EA Reaove Manhole A Connect EA (pOpe~ SP-50 to Existi Sewer Pi 1 CA Abandon Existing 8' (M Lv 14 0 SP-51 Sanitary Sever 80 TOTAL p - 3 I W ~ 1 BID SUMMARY TOTAL SID PRICE IN LG~~ C:IEis.7`• L`P'L ~ ~ -x.`~yi In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the tecros and provisions of the contract, to insure and quarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of j the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with { the plans and specifications, to the satisfaction of the... Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and ace submitted as correct and final. i Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CON /:rOR BY eca.~J -/-ua. street "dress R C an state -90 °~A but f ation por Eqn) S/;~- ~zS SO~f7 L. ° y, f, Telephone l/ , B - 1 l ~~r - .--s ` s- T 0 be attached to Bond ;10. DCC-559 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the 7a:le Insurance Company, a company domiciled to Texas, having its Drincipal cf_ice in San Antonio,Texas pursuant to the following resolution, adopted by the Board of Directors of the said Company on April 27, 1987 to wit: "The Chairman, Managing director or Se_retarv shall have authority, severally, to make, execute, and deliver a power of attorney const'-tuting as Attorneys-in-fact such persons, firms or corporations as such officers may select from time to time.,, 1 THEREFORE, the undersigned her=by mace, constitute and appoin*_ h Waymond Lightfoot its tr,ie and lawf+sl Attorney-in-fact, with full If power and authority hereby conferred in its name, glace and stead, to sign, execute, acknowledge and deliver in its behalf and as its act and deed as follows: Limited on behalf of the company to tae sum CS5500,000 in its business and in accordance wit:. its charter, to bird Eagle Insurance Company thereby, and all of the act of said Attorney-in-fact, pursuant to these presents are hereby ratified and confirmed. In Witness Whereof, Eacle Insurance rompa,, presents to be signed by its n1 has caused these its Corporate Seal to .aoh al :-mat ',D'rector or Secretary and k ~ EAGLE IOSURANCE COMPANY r nan, Managing Director/ Secretary I _•-CERTIFICATE s the un•~ , S- Jtarv/Jl:e-tor C,)moany, CO HEREBY CERT.' t;, J o and at t eurane cf Attorney and Car-_-x_-ate Ot Authority remain in 'l force and not been revo:<ed; ~ the Board of Directors and, furthermore, - that the Resolution o Authority f as se worth in the Certificate of , is now in f Signed an,! sealed 3t San Antonio, Texas this c = 19 91. ___5,L_oa1 o- MA 4 e ~3C~/u~reC` :HIS IS CE.RTIF:~:A",-T NO: ?A3 FOR 2CaER. OF A77ORNEy 1d 1 i THE AMERICAN INSTITUTE Of ARCHITECTS I DCC-559 AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe DAILEY CONSTRUCTION GO., INC. Man ir"n A,n oae,e and aa6ee or least htk of Comm~ { as Principal, hereinafter called the Principal, and Osere inMn fv11 nnoe and adorer Cr kpf nde of SurrsYF EAGLE INSURANCE COMPANY ' a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF DEMON tHe^ invert kA MeN and adorer or lew uue of 0~1 I as Obligee, hereinafter called the Obligee, in the sum of 5% NOT TO EXCEED: TWENTY THOUSAND S NO/100--------------------------------Dollars (S 20 0()0 00--4, for the payment of which sum well and truly to be made, the said Principal and the saif Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 0kn iitlM !salt m me, eddresa and dafenptiori of Opleal BID #1223 PECAN CREEK SA*1TTARY SEDER i NOW, THEREFORE, if the Obligee shall accept the bid of die PrieKipal and the Princ,pal shall enter into a Contract with the Oblisee in accordance with the terms of such bid, and We such bond or boa do as may be speafied in the bidding or Contract Documents with good and sufficient surety for the faithful ;erformance of such Comract and for the proms payment of labor and material furnished in the prosecution thereof, or in the Fverit of the failure of the Principal to enter such Contract and give such bond or horids, II the Principal shalt pay to the Obligee .~-e difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obf;gee mar In good faith convact r with another party to perform the Wo it covered by said bid, then this obligation shall be null to mmain in full force and effect C-"S;RUCJ/-y ~ Signed and sealed this 5th daY f MARCH ~ co: 9 91 V IUt C (so ) f (*f J,iaU n po EAGLE INSURANCE COMPANY ll 1 , - , ;r-;- (A,r ) (seal) rl (Witness) 1 ' I , , WAYMUYD LI~i r IN-FACT AIA DOCUMENT Alte • 010 60NO • ALA e • FORUARY 1170 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AYE., N.W., WASHINGTON, O.C. 20006 1 ( 1W 7 i THE AMERICAN INSTITUTE OF ARCHITECTS DCCz559 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe s«e h R name ra aeer..s « tr{rs idle of cvnaactoA DAI1XV CONMOCTION CO., INC. ten 1 as Principal, hereinafter called the Principal, and Rsae ;naet Full va.s a,d addren « IeEtl o'd• of SunM EAGLE INSURANCE COMPANY a corporation duly ortnized under the laws of the State of as Surety, hereinafter called the Surety, ate held and firmly bound unto CITY OF DENDON 04" 'me,t tits UM Mil adder" Of legl tide d o,.wef f as Obligee, hereinafter called the Obligee, in the sum of 5% NOT TO EXCEED: TWENTY 'THOUSAND S NO/100-------°-------------_ ~~oilars {S 20 OOO.OO--a, for the payment of which sum well and truly to be made, the said Principal and the saki Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal has submitted a bid for then mbar! full name, address and dasc+rstlw of PMKO BID 61223 PECAN CREW SANITARY SEWER NOW, THEREFORE, if the Obfi than accw the bid of the Principal and the Principal shall enter into a Contract with the Obligee In accordance wage terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the pranspt payment of labor and material fumished in the prosecution thereof, or in the hirm of the failure of the Principal to enter such Contract and give such bond or bonds, if to Principal shall pay to the Obligee to difference not to exceed the Witty hereof between the amount specified in said bid and suds larger amount for which the Csbligee may in good faith contract with another party to ptrforrn the Work ccwred by said bid, then this obligation shall be null 'se to remain in fun force and effect G~'j1RUC~/Dy Signed and sealed this 5th daY f MARCH 9 91 Seaq 1 1 I~o If { a t (Witness) ~ /flyy--rrn„ /:'~•::4 EAGLE INSURANCE COMPANY (Sure ) s "Sea) (Witness) I / I tht f , WAYMOND LI ~ r;ATioR iN-FACT AIA DOCUMENT A310 EID SONO . AIA el • F(11tUARY 1970 ED , THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WAS~IINGTON, 0.C. MIX r J, 1Qy1 ~ 8 U R A 2i C E ISSUE DATE 01114 C E R T I F I C J► T E C F I nc =sas taazcc"}}}}}a e3z rausfasaaviep a,aaf a s,a oasaiozfaa ion only snd confers 1 as a matter of infcrsu aaramafa uuf uai afai_zu i s not erperd, +___===e This ClrSltiCaCe l3 issued : 1 der. This certificate d« AGENT no rights upon the certifics %a hol % emend or alter the Coverage afforded by the Policies belov. Rublol_s Bialr i As:¢'rstts lnc- } 1201 Cherry Ridge, S C•310 I p 0 Boa 1D0226 CCKPAXIES AFFORDI%G COIERAGE: San Antonlo, Teas 70201 Phn: (512) 525.OSMl Co A CONCO iNSUAANCE CCMPA" as=a aa+assia aaaisa++siissal aiJiff ii Cp"j STONEWALL INSLRK%CE CW"y =ia=Saii+L I ~a/.y 1NSLRED: INr } Corp" C 9AILEY C STT TI ON CO - I Company O 1000 CENTRAL P%Y. W0011", '25o I COOP" E policy period -SAW ANi0Nl0 T% +fsJ~-~-- - ' t with respec Thi t to which this ,his is to crrtify that policies of insurance listed below h ave been icsosn uLO Othotheru-edodc~ above forte herein Is subject to all rwwd Indicated, n0twithstsndfng sny reWirepent, tern or condition of s tx issued u nay Pertain, the S u x ante afforded OY the policies "scribed Shia certificate Way loro of such policies. a1iLa.Lf..llaiLi=,aim=aafiLi.a=a:a_,i=Las_I e L11LLL}~Li,aiifai Lif afa lia fia iiaLltaai i3Lf iCTfiiitmass= __liii f=iLf iLa i La 1 the term, exclusions, and cordit Effecti ve Erpirstfon I Policy littlts tin Thasarwl3) I I Co I Type of coverage I Policy 0 I I - ..j 1 I 1 112.M. Lra ...iGL291079 I 01 92 92 I Gexral Aggregate I I N RA IAEI ItY..... 05•01•91 05- ft, 000, I A 1 coe► S/L 4 I I Prtducta caro/pps....... ......sl,ooo, I I ( ) Claim leade I I I Personal S Advt. lnj urY........ I I Occurrence I I I Each Occurrence .........51,000, I Owners/COrttr Pro I I Fire Wage (any 1 Fire) .......5 50, I I Nedicsl Espeme (snY 1 per$)...S 5, I I %N Inc. I Combined Single Limit , ~I u y Auto I I I I ( ) All owned Autos I l Bodily Injury (Per person)--••• I Scheduled Autos I I I ,odilY Injury' (Per accident)... i I ' ( ) Wad Autos I I I Property Do='* I I Non-owned Autos i I I i O Garage Liability I l i I ( ) i I st,poD, 'rral ( %UINBit(TEIIA ( 50007017 } 05-01.91 05 01 92 i Aggy gaogate rer. e,........••.•..•. ft OM, l ............f { Each Accident.................. I ~ I Las CONPENSATIMQ1'......................... I 1 O I I I Disease policy 01111..... Wker's CORP I ( ) I I I Disease- Each EnplcY.......... ......I . 1 l() 1 ioro/vehlcleslrestrfctlons/speclsl Item: I P escription of 'Opel tiortsllocet I RE: Pecan Creek sanitary sewer I City of Denton as additional insured ZOO,, of the above be cancelled before t,pr eto "Oration 30 days y wltl endN date thereof, the Issuing COMW N er ~d [ERTIfICATE kOIDER: to tfa left, but ficate TR' CITY OF DENTOW Iwrftten notice to the Certlshalt ispososigation or liability 901.0 TESAs STREET liailure to Brit such notice shall Iaf 4-y ki r, the cc Its axents or reeiesertsttvr - DfR1oN T% 762 1 1 l IAuthorl Repr asentativAlme, Certificate 0 220 I I a r"~' soci lRubiola, flair i Asates, inc. i •I FROM k! FIOLA, 6LpIF S ASSOGI4TES, lil: 223 E'E'bl 05,15, 1591 14.32 ND, 16 F', 2 Iswe DATE;MUpwJYY) ata~ia~: CERTIFICATE OF INSURANCE 1x-91_ THIS CERTIFICATE IS ISSUED AS A MATTER OF If<fORMATION oNLr AND P,IODUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA RUBIOLAf BLAIR & ASSOCIATES, I14C. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T} P.Q. Box 100226 gu MBFMA San Antonio, TX 78201-1526 COMPANIES AFFORDING COVERAGE 00'APANY LETTER UMPA`N 13 Lit TEA INSURED The City of Denton DETER Y C 901-8 Texas Street - Denton 4X 76201 LEITERN p ETEq - - COMPANY E LETT Ea 7H S IS TO CERTffV TYAT THE PCLIOIES Oc INSURANCE LISTED BELOVI HAVE BEEN ISSUED TO T4E Vig'VREC NA!dEO A9QVE FOR THE POLICY PEW: T, TV OF A1 CER fICATE6!AY SSSVED 4a &Ny 'AY PERTAIN ETIHE V45URANCE AFFORDED YI TH EPOLICIES DESCR YDHEAEEN IS SL3 ECT,TO AL LT E 7ER115 _ EACLUS'ION5 AT:D CQ'~GITIO::S Olt S'JGH III LRAITS SHOWN V1AY HAVE BEEN REDUCED BY PAID CV IMS - _ POLICY CHFCTIYE pOLICr 1EDIPATION LIMITS ' CO ,CE II HUYiER DAiE (1AM 9DirV1 DATE (VVJDDrYY) TR [YAi 01 UVSURAI Q- E%E-- RA;AU'3KEGATE r 500,000 OEN ERALLMEWTY ~p,~ 5-13-92 PRCDUC T: CD•.r'OF AGO. A _,.L1"'JEA DAL GCNL'4nLLA7'tJTY TGL201084 i /FRJ7il Al S ADV, INFJRY 1 - e'•A;es VALE X C<4u;t EACO OCOJIMP K11 / 500000. •x OVnIEA'S ICCMIT741C iQR'S'HIJT. F3IE OAtAAGE(AiryWM1e) f . _ _ _ L•COP,'flt_=F I~b c w PxcaN S "%jAOINEO SINGLE 1 AUTORO➢ILE LIASLITY LAAIT . loll' AUTO . 64-DiLr r:3uaY 1 ALL QW].EO AUTOS (P.r ;-vl ? II SCAEQULEO AUTOS saztr r:Junr 1 • H,T EDAU*OS (Per .:dCcry NO iOWNFO AUTO! QAFAGE LUSiVTT PTlO►EH <Y DAfAAGi s 1 ~EIICLfS LIMIUTY Ar"GRFGATE f 1 OTT1414 7Kk.A L'UiAELLA FCdW STATUTORY LNi TS --'/J WrPAL?t' S COVPENSAT4t1 iACH ACCIDENT f ANJ D'SiAEt-POLICY LMIT J „ EMPLO _ 4 - -9"'L IASILrtY.__._...-.-. ___...._.-r._.. OUSE-fI,CM EMaLOYEE S OTHER 9ESCRIPTtOR OF O/ERATIDNS~LOGATIOH S/VEMCLFi~ii[CIK ITEMS RE: Dailey Col:p-t"Ct9'4 pecan Cretk CANCELLATION _ _ CERTIFICATE ►{aLDER StIOULp ANY OF THE ABOVE DESCRIBED POLSGES Be C/UICELLED 6E FO Ex P.RAiION DATE THEREOF. THE ISWNCI COUPAVY WIEL ENDEAVOR MAIL avV~-- OAY'3 1M1 RtTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO LEFT. BUT FAILURE TO MAIL SUCH r•IOTIC£ SHALL IMPGSE NO OBLICAT101 LIABILITY CF 4 jy U,. ii, NY, ITS AGENTS OR REPR'cSEHTATI A'iTHOA 7E0 v,I~;IC+~I, 4lf,I~t, b ASSMIt,TESf INC. E'ACORD COR?ORP.Ti%. t i T r _ L 11 LL1iLt. II!:f r% Jl r 1 X CERTIFICATE INSURANCE t1{Ve CAI{ (M WDORY( N10D'JClR THIS CERTIFICAT: IS ISSUED AS A (LATTER OF 4NFOWATICN MY AND CONFERS ~ 40 RIOhTd UPON THE CERTIFICATE POLOER. THIS CERTIFICATE DO''$ HOT AMEND, EXTEND OR ALTER THE CO EF,AOE AFFORDED BY THE FCLICIES EELOW GOC;NLJr1L.i 'IEVE.NS SW ING COMPANIES AFFORDING COVERAGE ' eWti TsLANCO Hl:i l SAN AN I UN 10 'I'X 70 Cc~VPAxr LIT1 ER A CODs OVF0001 4PANY B u1tullt0 nmLRTCAN INDEPIIIII'Y Li N PA NY C DAIL.E.Y CONSTR CU 114C 100W C:NTRL. PKWAY N "~!C% PPANY D A 'r}"Xf)s 705'.7 LPTIA E LETTER ilJ TH13 LS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO 1NE INSURED NAM.EO A30vE FO41 TKE POLICY PEWOO LND,CATED, r10TWITHSTA.NDINO ANY REQUIREVEN T. TERN OR CONINTiON OF ANY CONTRACTOR OTHER DOCUMENT WI. H RESPECT TO YMICri THIS I J CERTIFICATE MAY BE ISSUED OR MAY PERTAl N• THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, l EXCLUSIONS AND CONDIT"S OF SUCH III LIMITS SHOWN MAY WAVE BEEN REDUCED BY PAM CLAIMS. CO twee eFFECTrve FouCY EXFIuvow' TA TYPE M INQYA+LNOi POLICY RUMIER OA7t IId LV DPrr) DATE MAI.'D0.Y'Y) ALL uM1T1 al THOfltahri OIh{RAL LIABILITY . ORNERM AOOFEOATE r 0041VEAC" OFNERAL LAEIITY P11J000T"04PICIPS AOOAEOATI + CLUV{ NADI, OGCV3, PEACCVAL A. AOYEATISIND nA Ar J OWNER 'f a CONTRAZT09 S FROrJ EA61f DOOVA"Iser r F.Al DWA01 (Arr 4e IM7 ENSE (A,y CIA perwN Ea AvT01011 EUAIILITr ~ElrltlE3tJ£319,i ) /yi 3/1`/'X° COW90EO mln'CAL ANY AUTO r ' 1 2 LIYI, CA► n0717 I ALL 011MID AUTO% *LLYY ' SCHeo N.0 AUTOS (per 01'IGIf i MIRED AVTO{ mlyy KC44WSID A:.TO{ Moo =6dorq OAMOE UAIP.ITY FAOFEIITY DAMAGE EYC131 LIAWLPTY I ...EAC+I AOOAIOATE r ODCURACNCE c rrcR rAr uLlePau rowM , WCFKER'1 OO ICPSA SATIOM SfATUrORY ANO ' (EACH AC CA EN'1 1 P4eASE-POL4Y UMIr1 ` lYPLOTMi' UASKJT'r (fI`I ID'KASt-tACH E+4PLOYl1 OTMtA , ~ r f DeeCPJFTION OF OFEMfIOMt/I OCATIDIILY:10tt1U'Ra1TACFIOY~'IKOAL ITEMS CI'rY or miN,C'UH CFATIFICAT!(1MAQI{7n...nA.:4cb .1,.~ CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIDED POLICIES BE CANCELLED 5001 THE EXPIRATION DATE THEREOF, THE 155UIN0 CO,APA01Y WLL EWEAYJR 70 AWL .I , DAYS WRITTE4 NOTICE TO ThE CERT14ATE HOLDER NANEO TO THE 1 ,ry" or., pEN7UN LEFT, BU AILURE TO MAIL SUCH NOTICE SMALL M►OS! NO OBUCtAT10N OR 1;T.1, J01J TX LA ILI F ANY KIND UPON THE COMPANY, ITS ACiNTS OA REFRESIII IVEI. AUTII R{FReI i. i CIS, End06, CERTIFICATE OF INSURANCE @ W] HOUSTON GENERAL INS. G'0. D N < Fly ❑ HOUSTON GENERAL LLOYDS MAY IJSl It` ~ ❑ Q YrH p$015", TRADERS & GENERAL INS. CO. P.O. Box 2932 Ft, Worth, Texas 76115 TTH Ce. 1,1C 1. A hutd uF `I a, ail'/ CERTIFICATE HOLDER Au7 Cu0yn na ogmt upon [me Lonrl:.re Nuldtf 11.1 C,D1,CA'! OGel i j y 1,d, eXt! nJ or RY.M 1hf CCV .A;e de:CflCed Wow CITY OF DENTON GENERAL DELIVER( DENTON rx 00042 THE IN,q s0ANr£ (kAAPANY WY J. FNXFAYDR TO FAAR 30 DAYS WFUTTEN NOTICE CF CA`kELLA- TION TO CERTtFICATE I/OLCER A£ ADDRESS NOICAIEO ABCVS. BUT FAILURE TO MAIL SUC.>I NO- TICE SHALL AAP'OS° NO 0130GATION U`R LLA91LITY OF ANY KIND UPON THE COA.IPANY 'THIS IS TO CERTIFY THAT INSURANCE POL CYVIES) LISTED GELOW ARE ISSUED TO THE NAA1EO NS'JRED' + NAME OF INSURED DAILEY CONSTRUCTION CC., INC. ADDRESS 1747 CITADEL PLAZA { SAN ANTONIO, Tx 782IG POLICY LIMITS OF LIABILITY > PER,OD R AANCE AOGREOAfE ' TYPE OF INSURANCE ~ POLICY NUMBER GENERAL ((ABILITY SocaY w,URY C0IAPPEHEN SNE JE ❑ WA-CC APPEHENSNE FRCPEPTY DAA6 ❑ PROTECTVE LIABILITY PRpgK rIDOMPLETE D OPERATION BODILY iNJ IJRY AN D 6 PPOPERTY DAMAGE l ❑ CONIRACTUAL LIASUTY 'CMBINED some S U4NTI cSt PERSONAL dU'J RY ❑ BROAD FORM D D -Awn 10 Produclt Ca*pw:ed C Of. A1G F Hazed + (PERSONAL INJUAn ❑ Lr INJURr (EACH PE 8501/1 AUTOMOBILE LIABILITY SODgY1NJORY 6 ,EAcH o:,GURAr.,. ❑ COMFREHENS.N'E PROPE RTY DAMAGE 6 ❑ NO4{pfAPPE HFNSIYE gOOILY INJURY AND PRCFEPTY DAN-AGE E tC.OMBINEO SNGIE LPAIT) C4 EXCESS LIABILITY BODILY INJURYAND PPOPEPI DAMAGE 6 ICON(&NEO SINGLE 6 ❑ UN1B7~EllA FORM IY,MTI (SL WORKERS' COMPENSATION 12/01/90 TO STAWORY and 6 100,000 rtAa+AwaNTI EMPLOYERS' LIABILITY 05 TwC 1024419-00 +2/01/9+ AUTOMOBILE PHYSICAL DAMAGE • SPECIFY OTHER NAME .>ND ADDRESS OF AGENCY, HERFF 6 EIFLER INSURANCE AGCY. 7400 SLAN,:O RD. $125 7B2 i6 SAN ANTONIO, Tx COuniersIgned By ~I IGr 2r 1 K71CYD~I ]'P.G Pnnl Acct. No, D^,0O299C44 r will. w i 1 droccsk AGREEMENT BETWEEN TKE CITY OF DENTON AND DENTON REGIONAL MEDICAL CENTER FOR MEDICAL CONTROL SERVICES This Agreement is made as of April 5, , 1991, by and between NOTAMI Hospitals of Texas, Inc., a Delaware Corporation 4 d/b/a Denton Regional Medical Center (DRMC) and City of Denton (CITY). CITY and DRMC desire to enter into this agreement for DRMC I! to provide medical control services to the City of Denton's Fire Department's Paramedic Services. I. Under this Agreement, DRMC will provide the following: F 1. Medical control for the provision of all pre-hospital orders regardless of the patient's destination, through the DRMC Emergency Department. This service will be provided / by DRMC Emergency Department physicians 24 hours per day, 7 days a week. For purposes of this Agreement, "medical control" means pre-hospital protocols, including standing , orders for treatment of patients by fire department person- nel, and twenty-four hour access to DRMC's emergency room i { physician and providing for the monitoring of radio and telemetry equipment and for advising of City's fire depart- ment personnel. }i 2. The DRMC Emergency Room physician and City's Fire Depart- J ment shall evaluate all data gathered by DRMC and CITY 1 relative to medical control and provided to the City's Fire Department for inclusion in their quality assurance pro- gram. 3. DRMC Emergency Room physicians will critique the medical control program and submit these results to the CITY's Fire Department on a quarterly basis. II. Under this agreement, CITY agrees that: 1. Selection of the Denton Fire Department protocol will be the sole responsibility of CITY. 2. Transportation will remain the decision of CITY. 3. Hospital destination will be determined by the paramedics on the scene according to CITY policy. 4. Legible and accurate records will be maintained of all orders and transports. 5. That CITY's Medical Director will meet with the DRMC Emer- gency Room physicians and review with them the critique of 1 i . 1 the medical control progran not less than once every three months. III. There will be no charge by DRMC for the provision of the medi- cal control services. IV. This agreement shall be for a period of one year from the date stated above. Either party may terminate this agreement by giving i 45 days written notice to the other party. DRMC will provide medi- cal control services to CITY effective as of the date of execution k hereof. I Signed and executed this day of 2991. CITY OF ENTONoo TEXAS LAY HAP.RELL, CITY MANGER j / 3 i ATTEST:' JENNIFER WALTERETARY f E r j 'I J4 A i k , A ROVE tAS DEBRA A. DRAYOVITCH, CITY ATTORNEY k BY : J % DENTON GIONAL MEDICAL CENTER s BY: v k 1 { NOTAMI_HOSPITALS OF TEXAS, INC. 1 BY- 1' 4WF J l ' 39iG3t ~ AGREEMENT BETWEEN THE DENTON BIBLE CHURCH AND THE CITY OF DENTON PROVIDING FOR SIDEWALK IMPROVEMENTS Recitals , Denton Bible Church is presently platting property in the City of Denton, Texas, known as Lot IA, Block A, Denton Bible Church Addi- tion. The church is required to construct sidewalks as part of the development of its property as required by the City's subdivision regulations. The City of Denton plans to construct Ncttingham Street to front upon the east side of the Church property within two years of the approval of the plat. In such cases, Chapter IV, Division II, article 4.04 (Q) (5) of the City's subdivision regula- tions allows a developer to pay the estimated cost of the sidewalk improvements to the City so that the required improvements may be made in conjunction with the street improvements. Therefore, Denton Bible Church (Church) and the City of Denton (City) agree as follows: f Agreement 1. As a condition of receivi.i buildin ; property in question, Denton Bible Church shall permits for the $9,440.00 as the estimated cost of the sidewalk Improvements to the Cre- quired for the property platted. 2. The City shall retain the monies for the exclusive use of providing the required sidewalks for the Church property as shown on Exhibit A, attached to and incorporated into this Agreement by reference. 3. If the monies are not used within two years of payment by the Church, the City shall return the monies to the church. 4. If the sidewalk improvements are made, the Church shall not be responsible for the payment of any additional sums and the City is not required to refund any portion of the monies paid if the ac- tual costs of the sidewalk improvements are more or less than the amount paid by the church. Signed on the following date: ate 1, E ,c,L99/ CITY OF D NTON, TEXAS BX' `f/12 L Y V. HARRELL, CdTY MANAGER,p, i. I 1 ATTEST: , JENNIFER WALTERS, CITY SECRETARY BY: APPR &AAS LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i + 1 BY: v,..iv i ~ DENTON BIBLE CHURCH i f BY: C gn% }i E i ATTEST: i I 1 4 , I BU AAA4 SECRETARY i I i I 1 Page 2 i S STATE OF TEXAS COUNTY OF DENTON This strument was acknowledged before me on ~ ~Clr:~1 0 1991, by JAKmc,~d C. [,I- Mlf4'n~ , of Denton Bible Church on behalf of sai Denton Bible Church. v No ary Pu lic, State exas I 3 I t7! 1 , STATE OF TEXAS COUNTY OF DENTON ~ I This Jnstrument was acknowledged before me on i5 19911 by Lloyd V. Harrell, of the City of Denton, a Municipal j corporation, on behalf of said corporation. i { ELQJIBEf?iJWILLIAAIS ~~/t~tiJ.2'Q/ J r 1 Now F46b * ftA ! 00t~g Publi State of Texas i wioo.~r•~Wi4t~ ~ f ~ I 'I Page 3 r v 1 I r I 1 I • Fi'i IY 1 FM.V. M/7. J ! i ~ • .F. rI ~y fat Y ' . ~ I VM t*s P % 01 , r pt ~ 9 L ~ I ; t i. -AA rozriL cuc►rff 71Afu4r JA17. l7a[r.~lr tati of rr jL ,.w~. r, ` I i 'r ptlrtHlpf C~Li 1 OCT- ~ rsnrnt~ rare w+. i 1'L ~,►ri ~W rT ~ ~ i ~ J ' ocwra~ naE aurc~ wosisa LMN rar _Mtiurr a~i_a y ~~,"r s rMal i T i 1 1 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 20 day of. November A.D., 1990, by and between , The City of Denton Denton and State of Texas, acting through of the County of IXd Y Harrell tbereunto duly authorized so to do, hereinafter termed 'OWNER,' and Denton Trinity Roofing, P.O. BOX 43, Denton Texas 76202. I ~ of the city of Denton , County of Denton anJ State of Texas , hereinafter termed 'CONTRACTOR.' NITNESSETH; That for and in consideration of the payments and agreements hereinafter mentioned* to be made and performed by OWNER, and under F the conditions expressed in tue bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 1115,9 HERITAGE OAKS RNF REPAIR PRASE 11 In the amount of $58_467.00_._ and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the special Conditions, the Notice to Bidders (Adveriisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s I~ `r t -other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by_ City of Denton Engineering Staff all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be. or considered an employee of the city of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it Is expressly understood that Contractor shall perform the f services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless k the City of Denton from any and all damages, loss, or liability of any kind 'f whAtsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whoa it is legally liable, with ` regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the ity of Denton against any and all such claims and demands. LJ Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. ' The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within t?.e time stated in the proposal, subject to such extensions of time as ace provided by the General and Special Conditions. The CHNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 01145 I i. ' ir IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: l 11 City of Dea on OWNER 9y % ri (SEAL) ATTEST: ~ Denton Trinity Roofing _ CONTRACTOR j - Y B / Title (SEAL) APPROVED AS TO FORK: i y Attorney ` City— i i CA-3 01143 .I CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS 1 INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage a.~; indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The city of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, real not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. ` CI - I 1 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the 'Owner and its employees, in the name of the city of Denton, for liability may the imposed includes ContractorsinThis tal also the liability arising out of the omissions or supervisory acts Coinsurance is ntractor is strictly for he this of the benefit Oofe the Although obtaining it at his expense. The liability limits shall not be less than: , f o A combined single limit of $500,000.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner Apanndovai tt nthe tice ofcehat fact has been issued by the Owner. ur by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of uffic ent toaprotectothe ointer9 st orp liabilities of ethe Cont actors adequate Again, the owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any auras resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the certificates and Owner enotified reviewed w Contractor approved directly h in iwriting. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 CtkIItokIE Uh kh51,'UMI-E 1 CITY OF DENTON - - - - - - - - - - - - - - City of 9enton Reference: Name and Address of Agency Project Name: Project No: Project Location: Phone Isanaging Dept: _ Cceganies Affording Coverage: ^ ^ Haa+e and Address of Insured: A B Phone C 1) Policies of insurance listed below have been issued and an in force at this flat. This is to certify that. 2) The City of 9enton Is listed as an additional insured as to all applicable iits of Liability Letter Expiration In thousands 000 I Company I of Insurance Polic w ber Date occurrence . Comprehensive General Liability Bodily Injury S - Occurrence - Claims Bade (see 84-Page CI-1) Property age = I Broad form to include: - Premises/ Operations Bodily Cna nry - ~nd property - Independent Contractors - Personal Injury Operations $ n _ E plosionaandiCollapsesHazardPage CI -4) rac f - Underground Narard r --~-~~~_--J~- - h _ Liquor Liabilityy Coverage - Fire Legal LlaDlftty (see ~15-Page C[-4} Broad form Property _ Professional Errors/Omissions - occurrence - claims wade (see E4-Page CI-4) Bodily ln'ury/Perso~~ Comprehensive Automobile Bodily Wury/Accident liability _pty Damage -ir- - Mon-own- Injury n a arty Bodily - hired AufamoDiles Damage Conti aope Statutory Amount Employers' liability and eac ace en i' Owners' Protective Liability Other Insurance rations/Locations/vehicles. renewal, or e»terial change in coverage. I Description of Ope Each policy shall require thirty (30) days notice of cancellation, non- (See 02, Page CI-4). Wane and address of Certificate Holder. _ T~SSU CITY OF UtNTON, TEXAS II RTZ~U itEl'N~ilyt PURCHASING AGENT 901-8 TEXAS ST. 1629 SEE OEFINI MNS UH PAGE CI 4 ATIACIU U. DENICW TEXAS 1 C1 - 3 " 4 4 DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. -(This does not apply to Worker's Compensation.) i 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is requited. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor 'in the referenced contract. This Certificate of i insurance is provided as required by the governing contract. 4, CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. b. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 1 1. 1 kuoSrA.j U.S. Department of Housing and Urban Development CERTIFICATE OF OWNER'S ATTORNEY 1, the undersigned, f~-L`Z,^ t~ ( the dull maths lied aad actimg legal represemtstive t e do hereby certify as fo o•a: i have examined the attached contract(s) a othe f ex.cut/oa thereof, and i an ea the opinion that each of the aforesaid saner asreemesta has boom duly executed by the proper parties thereto satleg through their duly authorised representatives; that said representatives have full poser and authority to execute said agreements am behalf of the respective parties named thereon, and that the toregolsg agreemests eomati- Cute valid and legally binding obligations upon the parties exeeutlag the same in accerdsace with terms, conditions and provisloms thereof. i 1 I Date; i i (CO - L) F 1 r 1 Please bid separately for each building. Final contract may not includes repair of all buildings listed below! : i I Buildingfs Amount Building0s Amount 185 = 188; 3 yY 189 - 192 3y 149 - 152 3 3 y 177 - 180 y 163 - 156 3 yy 205 - 208 3 3 y , 213 - 216 L ~yY 209 - 212 167 - 162 ~r ~yo 127 - 130 201 - 204 3f 3 yY 113 - 116 181 - 184 S~ 109 - 112 5 91 187 - 172 121 126 0 197 - 200 3 Y y 232 - 233 Z~. y y 131 - 134 3 Y`1 193 - 196 3y y 145 - 148 3 217 - 221 yT.° 163 - 186 Z 3 Y_~ 228 - 230 ~ J y ,y TOTAL ks-I 34 q COST PER FOOT: (per running foot or square foot as applicable) 1. Remove and replace any rotten wooden fascia. 3 2. Remove and replace any rotten soffit. a~ 3. Remove and replace rotted plywood decking. 4. Re,Jove and replace aluminum fascia. y Qo 5. Repair any structural damage (rafters) /0• Work days to completion. z d Y-4 r 'Ir!! (IiE1dL(llldLfl_ ; Illll (i;11 T1 l1 it fl ll_li t a ;il ll' ll illll ll_iA 11,A l 1``111,(1 lli~' ~i {I'lY:: J1 r w ,yBond No, CPA4031015 ~ UNIVERSAL SURETY OF AMERICA Houston, 1 exas V r BID BOND l KNOWN ALL MEN BY THESE PRESENTS, that we Denton Trinity Roofing Inc ;,~I fH••. rwt fu• r+•Irw.na •aa •s. «t•q•I I A• or Gontrauor _ ' PO Box 43, Denton, Tx 76202 as Principal, hereinafter called the Principal, and Universal Surely of America, 1812 Durham, Houston, Texas, as =i Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton M1Mn kuPl tv. Mrtl• aw •GEr.u a IpU li W d O•nw) G as Obligee, hereinafter called the Obligee, In the sum of 5 of the amount of this bid not to exceed Four Thousand Two Hundred Sixty-Eight and 001100 - Dollars($4268.00 _ for the payment of which sum well and truly to be made, 0-n said Principal and the said Surety, bind ourselves, our 1 heirs, executors, administrators, successors and assigns, raintly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for HERITAGE OAKS ROOF REPAIR PHASE II I My Mn•rt 1u11 •edm •rW a.•vylan or YgKA 1 NOW, THEREFORE, If the contract be timely awarded to the Principal and the principal shall within such time as t specified in the bid, enter into a: ontract in writing and give bondwith goodand sufficient surery,or, in theeventof cj l tho failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the r o!` OWiger. the difference not to exceed the penalty hereof between the amount specified in said bid and such larger l ++`j 3mountfor whichthe Obliges may in good faith contract with anolherpartyloperformtheworkmoredbyssidbid, I`f Ih,n this obigaton ;hall be null end void, otherwise to remain In full force and effect. 1 -211 ?ROVIDE0,HOWEVER, neitherPrlncipaInorSurety shalIbebound hereunder unless0Wi ee it !final contract shall furnish evidence of financing in s manner and form acceptaits to Principal and Surety that financing has been firmty committed to corer the entire cost of the project. j Sig, and sealed this _ 24th day of October 19___20 : I DFNION TRINITY ROPfING INC. (Principal) (Seal) By; ~y a :2 1 Title: S r UNIVE AL SURETY OF AMERICA (fJ^~ By: ovc Ho111ng Qrf Y In act) •,tnn'Ilfiffl.l l','f't '11'l vp'01JI ~1 fl 0 111 rl~".•-., ..r> ,t.+..;% 1 UNIVERSAL SURETY OF AMERICA IS 12 Durham / Houston, Texas 77007 403 1015 GPA Power of Attorney Valid Only If For verif cation of the authority of this power you may telephone (713) 963-7799. Last Four Digits Appear In Red GENERAL POWER OF ATTORNEY - CERTIFIED COPY Knox AU Men by T7tere Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Arvid C Lgick Joyce Hollingsworth nonton and Stale or Texas its true and lawful Attxney{s)-in•Fact, with full power of and sutbority hereby conferred in its name, place and stead, to execute, acknowledge and deliver aL-Lg e d 250,000. 00 unless such is accom anted b a letter of nrrthoritr si d by h Pr sident Secretary or Executive Vice-President - t c nta of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate I seat or the company and duly attested by its Secretary, hereby staying and conGrming all that the said Attorne {s)-in•Fact may do January 31, 199 within the above stated limitations, and such authority is to continue in force unri! _ Said appointment is made under and by authority of the following resolution adopted by the Hoard of Direcion of Universal Surety of America at a meeting held on the I Ith day of July, 1984. "Be It Resohed, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with l full power and authority to appoint any one or more suitable persoru u Attorne}{s1-io-Fact to represent and ad for and on behalf the Company." "RESOLVED that the signature c{ any officer of the corporation, sod the seal of the corporation may be arrNed or printed by facsimik to any power of sttomey of the corporation, and that such printed facsimile signature and sear shall be valid and binding upon the corporation." Is Wiraeu WlkreoJ, Universal Surety of Amens: has caused these preserve to be signed by its and ate seal President John Knox r and torpor day of . March , A.D., 19 90 ' I to be hereto awed this JAV UNIVERSA ;~A err he« fa+t I `J ~ Stage of Texas John ox, r. County of Harris t1 Crur4 On tkiu 1st day of Ffarch in the year 90 oee rte wc - John Knox tr. _ . personalty ktsare w are to b: the s naary public, personal? appeared Pres ident , on btkarf of the corporation thereis person who executed the wittdtt itntrvrnervt u named and acknowkdgcd to one that the corporation estarted it. sr I.l} i xv Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is 4 full, true and correct copy orthe Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. Octobez , 1999.. GIVEN undei my hand and the seal of said Company, at Houston, Texas, this -22 SL day of Secretary COMPLAINT NOTICE: Should any disputes arse regarding either your premium or a claim, contact Universal surety or America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not ruolved you may also write the State Board of Insurance, Department C, 1110 San Jacinto, Austin, Texas 78786. This notice of complaint procedure is for information oniy and does not become a part or condition of this bond. Any instrument issued in excess of the penalty stated above is totally void and without any validity. I I , C']~22'1'L1'LLI~'1'i~ Ui' :1: N;L_fF2H2J(::1 DATES 01115/91 PIODOCLI THIS C[IfIfICATI IS ISSBCD AS A MAITBI Of IRIORMITIv. 0111 ARD C011115 10 HUT OPoi TIE C[ITIf([iTi BCLDER. 1815 C[RrIl1GATE DOES lot Alm, Lelck 6 Issoclates 11711D Cl A1161 TIC COYIRAGI AFIOIDID if 101 POLICIES E[L01 04 Dallas I[ITI Deataa, 11 7621S COIfAIIES 411010110 COfERA6l (117) 517-6131 COMPAIT I LINCOLN 1155141CI COMPIII LITTII CONfill I IASIRID LITTIR C(ll of DSAIOI COMPAII C PURL'HASI10 DEPT 191111 UIB T6115 $?kill 661T01, 11 74201 CCIPAIT I 11IT[1 COAPANI I IETTII IBIS LS TO C[RTIPT fill POLICIES Of 11SORAICI LISTED Bi101 Bill Bill 155111 TO fll I12111 11MI1 AIOTI 101 fig IGICT P11109 WICATIO. 1OTf1TISTAIDIIO All 9191111MEIf TEAR 01 COIDIfIol Of All COIIIACT 01 Ofilk DOCOMIIT 1111 "Slur TO 111CM TATS C191111CAll NAT BI 15501D 01 All 11P,Tk11 TBI 11SURAICA 11101119 it fit POLICIES C6SC1I110 111111 l5 SUIJICI SO ILL IB T[Ill, 11CLOSIOIS, AID CONDITIONS OI IOU POLIC11S. CO . 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PASS, 11111 i0f05 10111TT I01.OII1D A010S 11"A01 f 6AIA61 IIAIILIII (0!11111 1 r [ICISS 11AlIUIT INPRILLA FORM BI 6 PD OTAIR TIAN INSIILLA C0111110 f f STITIT711 101E11S' COMILMS111101 W1,01E1511.10111TI `S (61S1151Cf01lCf IS {1ISIISC-IA UPll OTI[1 DUCIIPTIO1 Of OP[1AfI0k5l10CIIIOI514lBIC1lS1STKI4L ITEMS C[ITIPIWJ IOLDII CAICILLATial 51001,0 ANT Of Ill ABOTI USCR1110 POLICIES 11 CIICILLID BlfOll T0l ll- 011101 11II01 1001IN0 INC IIIATICS Wl 1111101 719 1SS1110 CON1957 I1LL ll:[Af09 TO 111L I t0 $of 43 30 0115 111TT11 06TICI TO I81 CERIIIICAII NOLDIR iAAII l0 Ill 111TON, 11 76212 LINT III IAILIRA TO MAIL SICI 1011(1 SIALL IMPOSE AO 0111.107101 61 Will Iff of ART [711 flat tog CONPill, ITS ACIJIS 01 IEPI[S1IfAlim. AViR7Rl'.;D CL PiE'[NTAIIPI f - CEF2T1:F2CATE; OF =NSUF2AIJCE DATE: 01/15/91 • PIODDC6I TIIS CillifICArl i5 ISSDED AS d miffim op IN101MA7IOI OIL? AMU, r`/IFIRS 10 RICH 0P01 fit CIA23FICATI HOLDER. ?]IS C{IfIFIC111 DoIS 101 AMIID, Leict i Asled atel SITSID 01 WIR fit C0IIRAO9 AIIOR;SD IT iii PCLICIIS 611,01 611 Dalian Drive Deatoa, 11 26215 COMPAIIIS 11101DI16 COPillil (112) 352.6331 C011A11 A LIICOLI IISDIAICI COCIAIT LITTIR CGMPAIT I C011I111TAL CAS01LTT COIRIT IISIIID LiT11I O11T01 fillifT 1001116 IAC COMPAII C PO lot 13 Lilfil DIITOI, fI 26202 COMtdIT D ItfTil , CGMPAIT I ..u, Co"ll615 195/,1 n rara,nunuea uarrtu „rrlaau 191110 Aa as er 5/166.r,uuv.,195/15/19,19119 a.o.uvu ntv uar„snnrv His IS TO Cliflfl lilt policilS or 1156R1IC{ L1SfiB lILO1 1AP[ 11{1 ]551{3 f0 TRt 1153116 (ACID AIOft 101 fii fOLI[T FI1[OD IRDICAII3. 10f1I1151111Ii:.A11 11gq1111HIT Till 01 COIDIf101 01 lit C0ITRACf 01 01111 DOCDMII? Will 19SPICT TO 19IC1 TIIS CIdfIFICAli 111 11 155113 Ol MAT P11TiIl fit I15o111Ci WotoI➢ IT Tit 101.1CI{S D{SCIIIID IIIIII 19 SWICT TO ILL Tit fII1S, 11closIOIS, ISO COIDITIOIS OP Slct POLIChS, POLICE POLICT LIIIIL]?I Lill?S II 1C01'$ LTI ?Ill Of IISIRAlcl FOLICT 101161 1119cTIPi Pill RIPI10101 Dill 11CM OCCIII, 1;01SAft . 11911L IIAIILIft IODILT A flj C0X?19lilSlf{ ?OAK L66A1111221 11/12111 01111192 IGQAT _ _ I I FR 4ISIS10FIRdTIC13 D1DIi010111 11PLOSI01 i O1M16{TT COLLAflt 111111 ill 11031c?SICOMP. OpII1T101S I COIfRACTDIL 3l 1 1D.......... . I I11IPSID11f colf1AC101S COlII11D I 3 511 1 11010 FORT 1101,11 6 Ruit I PHS0116 IIIIIT IIISO111IWIT $ sit E 11TOMOIILI 1,00111111 100 Ili. I IIA612131259 05/11111 11111191 (PIRSOI) $ 1 All Alto All Dili) A0705``f1LT. PISS ALL DISH 19TOS(0f111 flail 603 Ill. (((Pill. piss . (II 11110 IITOS PAOPIIfT A 101.0 .Ollll AUTOS DAMACI I CLIAH Ililllill . 0I i PD. CO11I{ll I 501 IACiii LIIAILIII DMIIILLI 1011 lI 1 PD Ofil9 fill Dm116LLA C0111R11 S $ STAf➢T011 I Y031115' COMPIISAII01 TI 101111'1 comp 1SSI;SII AID HEN ACCID111 I fLOfilS 1111ILITT 1159 POOL' 11151159-H ISIASI•POLICT 1 lit - 01111 DISCAIP1I01 Of GIAIlTI0131LOC1T1015lIiI[c1,{S/SPI CI AL I1113 ac2RfIlICAll TO fOLLOT ?ION ISi0IS6 cOmillT ADDITIONAL INSIIFED: CITY OF DENTON -Be CIRTIlicdll loLD11 ..,...a,.....,.........s CAICILLATIOI ...1,1......1.........,...,......1 .....,~..aa 51011,3 All of Ill 11011 DISCII110 POLICIIS it CA1clLLl3 !{foil fit AI- CHI Of D{IT01 PIPAT101 lift rIIA101 TES I55111: CGMPAIT TILL 1101100 TO 1111, PIRCIASII6 DIFT 11 Days [Will Him 10 Tit C111I11CATi IOLD11 W11 TO fit 9111 fills LIT? HI IARIII r0 MAIL SDCI IOTICI HAIL IISOSI 10 O11161TI01 01 DDlfol, ?I 16211 1IAHLI1f 01 Lit HAD 1101 1111 COI101, ITS A61i1S 01 11PII511111ITIS. AVfB.'PIiLG irP6iSilTlfifi ' Page 01 of tai nlet: A 0000525312 ' ACBINDER FOR~WO,R,KERS' COMPENSATION INSURANCE NT NO. TEXAS WORKERS' COMPENSATION ASSIGNED RISK POOL WARD 0000234576 Austin, Texas NPC hereby`elcfsM~ldga~ H*W based by a Worker' Cempeasetion limraaco undert"g, As subject matter of At in"roace W4 dak" in tM erapleyerI aplicatiee on file with this Pool, and tba said undortokhg being subject to 90 the terms mad coed" q the eMrered fares of Palley coatrect. This Radar shaft end at 12:01 A.M., Standard Two 90 days after the offoc- tiN diM 111s aaderteldog will be vidoaced by a policy contract to be bead by the following comspoay as the sauteing cMmNM• FORSUVIMKJAflgCOMACTr *YPLOY'FS INS >,'A11SAU MU UAL CO %0. 30k 152900 IRVINrr ?it 75015 s i~ JJ~SSO 1615 loigriil ~>=~Ix>41c,.es~oJ[jlv0,, IKC..,, ~cii IN WITNESS WHEREOF, the TEXAS WORKERS' P.O. 9U>2 4 3 COMPIMATION ASSIGNED RISK POOL hs ceased . DEk'1QNs TX 76202 this blader to be kood by its Gemeral Moosgar, at Mstia, Texas. fl L • 1 l ~,,R,x,~,.a 1 Illy 06rbt L Matter, am" mosew TEXAS WORKERS' COMPENSATION Effective dole of AN girder ASSIGNED RISK POOL 0/40 ,12.01Ak Do% 1/03/91 i THIS "M woos TO TEXAS StATUTORY WORKERS' COMPENSATION COVERAGE ONLY AND NOT TO ANY ~ a;. OTHER STATE PIeMI'jltitk'*A pliey *4 this feRewheg special instructions and eptieael coverages: I t~r All t d, Antities listed belowt DTN 2NT'IY 800FIM0s 1NC. ~tLTE Ef~b~ 8JtWOUS POLICY 6 161000115809. T91: lt;3P0 ING BASIS BILL 't% YONThL•1. , KO ".ODtl~IR AND NO SURCRIPCF, WILL APPLYr SUgJ°CT TO CIANCL tT ~ ANNIVtASRRY RATP DATE. r Rv0VIp ~IIC12 ASLD LIMITS-COVERAGd lag 4.3 FIVESTFJ,: 1raI I. fir 1-.791690 *STTXWT?D ANNUAL PREMIUM E 2114'r.10. 111CLOSUPIltS APPLICATION: DEPOSIT CRECT. S 5351.00. 1 : I 0~I f k NOTOU to)NSUREDI ` Cwt oft""* Woo is cannot bi Issued by the producing agent. Please request Certificates of Insurance directly from the if gout MI aj IndepearloM eemtracters, please obtain from them o certiliceH of their Werhenr Compensation insurance and 1 Mt keep records wttitexomined by our payroll ooditer, Aaa ,M Ia4r f0 sub 6f indtpendtat controcton, 4eriw9 the Hrm of this policy, must W included as your payroll nod a RMraiYrM jfbhl tbereett If their certificates of insurance are net areileble, s' AGENT'S COPY 1 1 l A/W AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BOND PREMIUM BASED ON BOND NO.1210948 FINAL CONTRACT PRICE PREMIUM $1,754-00 Performance Bond Any singular reference to Contractor, Surety, Owner Or other party shall be considered plural where applicable. CONTRACTOR {Name and Addresay SURETY (Name and Prlnclpal Piaoe of Buslnes# Denton Trinity Roofing, Inc. AMWEST SURETY INSURANCE COMPANY P.D. Box 43 P.O. Box 4500 Denton, Texas 76202 Woodland Hills, CA 91365 OWNER (Name and Addressx The City of Denton 215 E. McKinney Denton, Texas 76201 CONSTRUCTION CONTRACT Date: November 20, 1990 Amount: $58,467.00 Description (Name and lflcatioq Bid #1159 - heritage Oaks Roof Repair Phase 11 Denton, Texas BOND Date (Not earlier than Construction Contract Dated January 02, 1991 I' Amount:Pifty Eight Thousand Four Hundred SixLy Seven and No/100--$58,11167.00•. i SIGNED, SEALED AND DATED THIS _ 2nd day of January 1991 DENTON TRINITY ROOFING, INC. PWF PAL BY AMWEST SUR Y I SU CE COMPANY r , ~1~~I /Y1f1. B Q n e Ylllllam9, ATiOHNENNFACT (SEE REVERSE SIDE FOR TERMS AND CONDITIONS). I REV Tier UN A3001 {'Li~l~}~(tlrlla.C r~~"'J and Assigns ! Vyes, thew heirs, executors. administrators, suOCessors which is lncorpoin by lelarencTs the Surely, jointly and severally, bind Ihemse raled here tract, no Obligation under this Bond, I, The Contractor end ante of IM ConslruclTOn Con the Contractor, sh~l hAwi to the owner la the perfor tract. the Surety and orms the Construction Contract. S the 3.1. the Contractor pe Shari arise aller. WOW that the owr+er Is con 10 2 H ttictpate In conferences as DTOVIded under this its ttOnd add lerence with the and the Surety Contractor Cent acL If exnepl to Da s Obligation address described In Paragraph at irety I" ConstrWCtjOww 3, 11 there is no owner Default, the Surety's has at Poll orming Construction GOn and h esied and attempted to arrange o ow ner nolirDe tt and has C !T to peA t; a h nonce to discuss method lraclor De rid 31 Tha declaring a Con raclu after feteShie of Contrsuc actor shall be ali0wed a reasto decre taut ently 'to declare a s}dering dec COn he conlracL such treclOrfla tM y agree ht, TI any, subsetu owner s d0 the Contractor's the S right to comblete the to M held not Later formally terminated have recelyed "lice As provided l not w~ the owner, nt ernent sfiat f, suc h an an aW1 lheCOnlraclo<and tract tut such tMSuretY The owner has declared a COntroclor "nttwet fy daysalter Consuuotlon 32 ra t f aull stint not De decla ed eadler a with !It terms 01 De in accordant Of the contract with the owned COntVnr SubpaxlorragTaph 3.1; and theBalanceOI the COnlracl price to the Surety nce y+Vth the terms ha: Conducted owner has a0'eed to pay dorm the COrTS truct on Contract Vn acco+da Pa b and the the Surety Surory may 81115 ondIllons a, 33 The led to De defyclua h y occurred, contractor to a contraclasekc default and has satisfiedrtracla ss defauIlt tfigsactu owner has declared contractor In ther or not the Co struction Contract; Or at On as to we tele the Con a 1 After the ! one more a, IM foibwlnq actions: orm and comb leonSrac4ors;Or r Sy elect t of lh0 owner, to per h its agent s or through Irr6ep M a and own p Arrange for SM COnlaclor, with cOnsen tract Vlseif, Ihroxq r for a contract for perfom~ant nd Complete the ConslruOlion Cor tab a to tM OwrreM owner e 12 tand the Contractor selected 4.1 !trtaxeto peAorm a IHd tontraclors accap alert to 'he ts from Luau red fa execution by a qualified surely equh' Ito T p DDLIn pida ne0o1 ated DO arrange fnr, a contract to be prep nl bonds executed by In Paragraph 6 in excess t on contract, AOrmance and W f^1B nt of damages as described le{'an of 4rvc to be secured s x ! With WY to the Owner tM arnou COniacta's default; Or p1°r nDmass bts with the Ownei COncunence C bon ontract. the Owner resultwW from the with reasona i the COnslNCllon t bonds issued for completion, or obtain a new Contracts of s BatanG of the Contract clue& arrange as soon as praclkable after I~ I.1 Wahe its right to peAorm it may be liable to the owner °nd the clrcums{antes- determine lho amount for which o lha owner, or under Alter Inwestigal on, nt therefor e1or. amount is determined, lender and nobly the owner citing reasons then has denied IieWll• ~ .1 the of in pail annd menl rendered or the Surely 2 ,K _ Deny Viability in whole 1 1 and the Owner refuses the C ayremedy eva"" to iM Ow I s as pro M SutwPwagWh shall be enlilkd to enfo ce vry if SM Swcly °ects to~uaclor yY 4 the Surety proceeds as o titer notice the owner struc!T-l COf d r fur , 1 , in whole or in proL Contractor's light to complete the Con ~ snarl notct>O Oroaterthanthos Oef lM Oyrtrer ° to the Owr>•' railnotbe Greater than (hose IarCa of Ina AItM 'he Owner has terminated the sVOtlitres of the Surety theS uety s _ ner of the 11ca11l for &Swpparagmph 1.1,12, Or 4.3 abOye then the resDO"~ilies of the Ow C COnlrx4 and the respOr's 1 of this Bond , tot subject b cci 'w , et is oblVgaie d without uDt~ ContWt; under the ConstrvOt on limit of the a he ~struclbn Contrecl, the n Of the Co.n,fr Contract, a the work and ComblellO actual damsge scaT+i°d by dejaYSd the construction of costs and dan~9 for Conxtion OI defective utibn Contract, tract Rica le resPtron~Itrea OI the Contractor specified in IM Coto lt 6.1 The respO^sl y Or i t ra IiCuidated damagesare stro COnu°Ol, led damage Contactor. W No rlorrn t actor "t are unrelated to is fight of action 8.2 tics da ante OI the for I Ltidri Gf the Con h s unit ailed ODIWa txance or non~e*fOm set oil one o1 any suc adrrrktletI&V3 Or succesaOrs' rotated suf><Antracts, T, The Srxely shalt not be liable 10 the Ownet Or othI or ers a Or 9 e its hews, e,rrutors tract M to any person or entity Other than the ownur of I WA to the Construction Con I the Bata on this lh tract price shall rot be Maud n9 Changes and shall l accrue M notice 01 any Change. tent jurisdiction in the wOCatlon in which waives ATTY OOUrI OI comps the after the g, T Surely her OdW ONIgat,ons. Default or wlthinlhts ~r whichever for purchaN o Cars °^d this Bo M nd may uted be Instituted six instituted M months after COntr8c UKW Proceed", IeOal o<eQuuabte, urder refused or falls So per7orm its a Ito" ton ayali s to swetles as dad g, Arty D wok is located and shall be ins iron roh b led by law, The minimum De id ola Surety b on the slgnalure pa0a worw Or part of the ! v oricing or within six months Contractor ceased islons of this Paragraph Bid 10 the address shown occurs first. if the pro" of the suit shall be aDDikabte mailed a dellyerOd a defense M She jurisdkl'nxT nt In the location wheree The~tetr%ein• ner Or the Gontrac4a shall De or O ther legal reCtj frww a be deerrTed incol 1q ` . NO%'re to the Surety, the ow wllh a statutory requ uemenl Wit slruct Con ythen is~ Ny has sb been furnished Bond cO~~l. with say statutory Or other legal bast was %a be t~ert ision 1n th s t r ner to the Conlraela wider 1eN<d «lo pe ecNved payable by the Ow amocri red a, yaW aril 12 DEFINITIONS yxludin9 allowance to SM Contactor of any 12.I Balance adktha Contract price: The sImenl hM been made, amount es to which lM COnlacW is entitled, of red I claims tor dadeq COnatruCSlon Contact nature Pogo, IncWd'ng all the rownerv in ltiemeTit of tnsOn alf Of I ~ he contractor under the {ration identified on the silt proper payinCri made to or reBrnenI between the Owner and the Con Or otherw'se SO comp? construction ContTaCt 'It sa tlgreem - rod nor waived, to Kjortn 122 currents and ChVV6 neilher been reined COnlroct Do~Iractor, whkh has ay 4M Contracux as required by the 12J Contractor oetautr. failur~fConl~ct. ed nor walyed, lO D terms Of the Construct hkh has n9llher lreerT ie~h !er terms hereol, with tM a of lne Qwner, w Comply with the O Co Owner o nt acct Of W ~*rlOrm and COCnptehe or An35NClien CA I` I J /Alv=` AMWEST SURETY INSURANCE COMPANY WOODLANDS HILLS, CALIFORNIA BOND PREANUAI BASED ON fl ML COIF,AI ~i pRICE BOND N0.1210943 PREMIUM $1.754.00 r Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Addressr ~ SURETY {Name and Principal Place of Business}: Denton Trinity Roofing, Inc. AMWEST SURETY INSURANCE COMPANY P.O. Box 43 P.O. Box 4500 ~I Denton, Texas 76202 Woodland Hills, CA 91355 OWNER (Name and Addressr I The City of Denton 215 E. Mckinney Denton, Texas 76201 CONSTRUCTION CONTRACT Date: NovemGer 20, 1990 Amount $58,467.00 { Description (Name and LocationkBid 11159 - Heritage Oaks Roof Repair Phase 11 Denton, Texas BOND Dale (Not earlier than Construction Contract Date): January 02, 1991 Amount: Fifty Eight Thousand Four Hundred Sixty Seven and No/100--$58,467.00 SIGNED. SEALED AND DATED THIS _ 2nd ---day of - January t991 DENTON TRINITY ROOFING, INC. V \ Y % BY jj AMWEST SURETY INSUR COMPANY I L By 1-11 F. y~ 1FOj H 1 lams, - AM" YW FACf (SEE REVERSE SIDTERMS AND CONDITIONS) L►1&Mal" Iaaes It ~ j t' 4w- PAYMENT BOND , . 1 on inistrates, contract. . which 1s which 4 and assigns to Me ated harem t The Con tractor the surety, v. ntry and severally, bind themselves Ihelr furs executors, administrates, and ~ Owner to pay for Capon, materials and eq'riDment furnistad for use In the performance of the Cons IrtcwDo suvo4d to and by reference t~on 2• With respect 10 tAs pwnerrnethis necSly berectlynull Galmanlard son or anikt whose abo+, 2.1 promptly makes pay liens or suits any pe it notified OwnM has Y VOMP she hre the Owner from all claim% performance of the Consul on Co"Vx RrV~ ,,sword 22 Defends Indemnifies and holds materials Or OQulpmenl were famished for use in the De 1 Of a 7 cairn dim d¢ s }~ito,n defense of tat contractor and the surety %at the address described In Paragraph n a indirectly, torn all such claims, demands Ions of salts to the Contractor and the Surely and WO I makes payment, directly 3. With respect to Claimants, this obligation shall be null and void If the Contractor proRD Y Sum due- until: 'end Hills, who 500, V 1. 4The A SCtalr shall have are wripicryed b taClaimants have ecl contract wiBth the Contractor have ghren notice to th+ rodHy eat ~s4~ a00, will, CO and sent or notice thereof, to the Owner, stating that a claim is being , Hlls, Calitwnla9t365-4 SOnd xnt a copy, I substantial accuracy, the amount of the claim. 42 Claimants who do not have a direct contract with IM Contractor cu re- w ,1 Have JumJsW written not or ~estofumishe trmator an or et a Copy' Of ncided In the aims shat nq, with subs fn ado curacy, the amount of the, Clalnl and the name of the party n when hthe . materials were furnished of supplied last D+ whom the labor was done o perlormed; and 2 Rave either reeeheed a re tkon in whole or In pal from the Contractor, or not received within 30 days of lurnlshing the above notice any comnwnkation lrom the Coniracloc by which the Contracts has indiCateO She calm will be Dai6direct- 1 ly or IndkectY, and Hills. nd •3 Not haring been geld within tall above 30 deys, have sent a written police to the Surely at PO. Box 4500, land CaWbrnla 91386-4500 and sent a copy, Of notice thereof, to the Owner, staling Shat a calm is being msda under this Bond and encWing a copy Of the previous wrktlen notice furnished to the Contractor. 1 ulred by paragraph 4 is given by the Owner 10 the Contractor or to the Surety, that is sulFicient complanre a rnents 5, k a notice req Tie Surety,$ loW obligation shall not exceed the amount of this Bond, and t" Amount of this Bond shall be credited r any pa made l good faith by the Surety. of the Conrstnrction 7• Amounts owned by the pawner to the Contractor under the Construction Contract span be used for the geniemane uthe se onContractor torn funrishin ceg arid the rrpletion tM r0~ptinq t is formance 01 the Construction Contract a e dedicated to satw~ry obi gatbns Conlracl and to satlsty claims, if any, under any Construction performance Band. By Bond, they agree IAat all funds earned by the COntraclor in the lxrthe COO 01 the COritracte and the Surety under this Bond, subject to the Owns 's bl alons of the Contractor that are unrelated pa marts under tSI WCIid to s 8. TM Surety shall not be liaba to the Owner, Gaimao~ °pl es behstlol,a olherwkse have ob 9+t' ConI act 1Te Owner shah not be liable to make D+Ynr+n 9. The Surety haebY walv++ notice of any charge, Including changes of lima to the Construcl'an Contract or to rotted subcontracts. f chase orders and other ob6QatioM. sdkction in the location In by a Gskmanl under 'his Bond other than in a coal of COmpel+m1 h+Tl the notice ne I ed wero tumKM G n of six nbnths f on the date (t) on whic h she caiman void a 10, hich salt rk action ahaN be cOrrVmenL+d anyone a the ash materials or equiprn,lnl hbh the work Of Dart of the wok is located Or alter the expiratio w by Paragraph 4.1 o auss 1.2.3ort210n which the last labs Or se vtco2)frcst occua ions 01 ction of the suit iha sheParapgbtabN W anyone order the Construction Contract, whtichever o} (t) o l nsd ` law, tft minknum perbd of limkati0n avertable to curet es n a defense In tM fu Specified or shown on the signature Page o She r ontrKlo shall b: rruikd o delirerM M the a be u Sufficient OOM04iuoe as of tM data received 11. Nolict b tall Surory, is C;r ~ o tit ComlrKtor, however accomDlkshed, sf+a11 Actual receipt of police by Y. at IAe address sfawn on the signature D+ga r 12. Wasp this Bond Ass peen furnished to comply with a satutory or other legal reduirement in the location where the construction was to per}omed, snY Dnsvisbn In this Bond conllkctinQ with said salulary~rdl ~C ANe~ll be deemed deleted herefrom and DroWOCIs con forming to eat A statutory or other bgsl requlrerranl shall lM dell tentiat benefoiary of this Bond, the Cont»cior shall pormP:`Y Furnish a C09Y 13. Upon request by any Person of entity appearing 10 be a PO of this Bcr d or shall permit a COPY 10 be made. 14. • ;DEFINITIONS II be to the Co without limitation subconL in 14.1 the temp CA&;m ClaRnant'. or equipment ka anti kn IM h2yia direct ng Irthact e wContith TherIntent 0 tlhis Bond raclor o Incl o ithout limitation labor, matarals o fa use t. that part of water. gas Dower, legal heat, o 4l, gasovic ePaot "labor. frets tats Or equ e^ ' required for palormane of the work of the contractor and used in the Construction Contract archlleclural and enq neerk+9 sdiction where the labor, Contractors subcontractor. and an other items for which a mec Ica lien may be asxled In the yurl inch~dinq amaterial$ ll Con- 142 Construction Contract The agreement between the Owner and the Conafacis identified on the signature tract scls"nl want furnished. Con- apage, s required by the Cotract Documents and "noe wa ved, to pay med nor 11.3 Owner t?etu11i failure of the Owner, which has neither with please other lees thereof. struction Contract o to perform and complete a comply 1 sr+ I w rtu rz. 1,4+'>:rldLSY 'r{ .h - r'r,., ..a - ~ • . tr Y1 1.:F.J i.Y rY1+.i'J?S1~YaF~LK'ril^ry i~'}r'~ y ~ ' 0 0 . r r u tSt3.lY~# X97+fw.Pi1.1KPiri6F6i300eJ{i~,+o >ttrt:'tc„rs , t,r q s` : s' r aa.,r ~ ~ r}f F.~''r('i;~t.; at( ~ f 3 ?11iSj'SttY.YF1'F4:J li<a lYi?~lrx itf'.r)YjJ R>i eY ~1~ S,tL~ 1 L' tiF, +tl i,it'.'. ~ ~?0^'WYCxXi:i iv:t`,'~LCt~{Gfib~GO431r11"2RFy yi~T,~iaCi.Yrr:1 , r j. xc BOND M*sIbER.' \ \ ! i \ / / Ptti\A P4i1 12104 '1`OY\LR NUNIULR 9 $ 00002 r r, 2018 , , \ • ~ ~ NOT. ALIO'~AFTER - i ~3~92 INCIPAL, il~~- ~ FE NTON TRINITY ROOFING INC. MNAL 504 n ' ucie $58,467.00 tI i'HE CITY OF DENTON This docutner r u rrint(tf, ntali<ok,rcd secunt - ~r I nistd scal,of Anrecu Sun'rY hu;Jra,kc'Crnn rn • Jk piper Ith^Kx' arJru~ttrrk' Mith l~ ~.t'y1 d,`fhrs ~oY\cri l Art~jrnry~sValid s,W, in co i ktuun *rth tlu cuivtit,n alxliich,, lt~fyti, u k +~yJpcSrs tlk~ Y r$'Drigupls t;{u tsm(r c(Artorncy rr , I li 'gair iittlincarjuns7k wlrhan ,ry, rt ,ndrnlct1'af~>((,,:eandrna nuy hrfark by any jk rxui This puuhTrof Altornc~lts nr. No rrprescmaunnf or,iga r cII )f tr I1/x'p ~tri(Afto U. y kJ l cJ h I' YiaA-snrTcY In 6 b tl. rtJ,CC run +'JIh att bars by f tli{, Y J «sucd by the C r itaJ y' rnuu be JK this (ono a 1 4 'I om+i'Any jxl, cry? a ju M•y- (Al fktn shadha~e foist ur rlfiyt . ..J KNQy ALL A1LN 8 "ESF f RESENTS, l}}ai AI_ n- t,uy t r j ` curlx r$ Crl (thr `(utnRany ),=rkus "hereby JEANI muj:c, txmstttute' a iris: kry; ~ r C-O 1J (XLny, ~ I a "Lia~i(on^a e Y E ,u nd ILCIAHS _ -AS 'ANV EMPCOYEE, OF -ANWEST SURETY INSURANCE/CO~i qYr~,/ Its true a dlaKkful 'cr-a d-Of(I rl-Frst !'1rf 'µilhlintitcdpowcrandawhoritq(urautic tlx ; i j \ 9.extcutc, dYli~crartd af(tx the-seal of the Conljany thereto if 4 seal fs r iste on boa m`ncftttdkmEs y i; J.arxes of Y ncodn they wnttun obhY,rnons in the Itnlure Ihereda~(Y . J\ ` r \ \ J Sid AIn1115, to x250.000.00\' k ~Contra4t.\ C,ourIt 8 Sion Bonds rup-,to'f fj*# 00 tic.ense d Pe~oit;fonds-up,to•$*o*a100,000.- pit J J / / ~itrcxtE. Miscel D p 00 aneaus18onds-up-to,S4a* #*25,0 00 ~00: Sea n -us >t ness Ad+intstration-Guaranteed,8ondslLpo*1'.250 r- ice. G ~tiYrj• ; J 000.00 ~~r .'.+1Z L ' , r ice. ~'-1~1 r _ - r r~~% it . 1ltj 1J V nd thC'.CUhtd fly lhCrel I . ' / - + / \ 1 I ^ i 1, \ \ " - t P cg Y'1 F n' his oplutnunent is rnadc under-and 1?}`iut ,nly Jtf the 6y-f:JHS o[ the 1 ; 7Y rnjxlny which ore now'in full farce iu,d cflc u. L Ceftr1 FIC ATE /1 t an r. li "1 the undcr5ibneJ sccm,ir)' of Arnxes{'Surcty' l tsurance~Co! :a rv' DO HEF.h D}, CERTIkY thrt,ihts'Puwer of Attonk~y remains in fop orce aii J'e Pa tYr~~nh7orn `a ctirl>urarion 1 o and (tirthc~ttx rc, that thc.rrxlutit,ns of thu &'ard of Lhrcctors sc` I fnrt}i'up IhC ~dnet to r relci~nJ P ihc By-11K5 tlx COmDany, are-box' in ful! (u'cc/a rx! effect.. _ S,j ncd -Ind scale! v Irving Texas r r 1his2n i J r}, (If January, 91 .0000022018 8,t v f1 i K,,rcr~ f=,~lKn. ksr,'I,in• 01/1/fi• J. r 31 it yam., NK1vhry~FSrD1'r}»1.~x,'~;~pppkty~:• ~ t „t' All p4';4arRfi / r' Irt lYr"FO+rs uil4 ?r J4ap ,1? r ,f1 ^4 t Resolutions of the Huard of Directors ttr:.X 1 ors of tAntwcst~SUrctydhi-qur. nce Companymuca Inicctiug dlul}•tWd on~tL?,-c'cmtber f 1,5, 1975 n olutions ad/l rd by t tic 1116 Prntt Board of D nt i RESOLVED, thit the President or any Vice president, in conjunction with the Secretary or any Assistant Secretary, ine may appoint attotncys-in-fact or ayrnts with authority exc `utecandrdrl lerl an affix the sail of the Corall>tiny tomlxmist in each ntu, for and on behalf of the Company, undertaking,, recognizance-, and Suretyship nblik;atiotu ni ali ki t ls; and said officer nuy remove any such attorney-in- fact or agent and revoke any ]town of attorney previously granted to such person. RESOLVED FURTHER. that any band. undertaking, rcaoniznce, or st,retyship obligat on shall be valid and binding lrpon the Compmy. (i) when signed by the President or any Vice president acrd attested and.sealyd (if a scat be required) by any Scertary or Assistant Secretary: or (if) Ahen signed by the President or any Vice Prestclem or Secretary or Aksistant Secretay, and countersign, and s,aled (if a seal hl required) by a duly 1utl1',)n:cd attorney-in-fret or agent, or i utomey issued byrthe ntGxttPa pursuant (iii) When duly executed snct scaled (if a s rl be reeluircd) by cite or more to and within the limits of the authority evidenced by the power such person or persons. of any RESOLVED F RnilFR Ivey er yen ntuion thereof authorizing therexecutthe seal of ion and ddnery of any company bornay be nd, undertaking, facsimile to any power rilor other suretyship or certinns of the Company, and such signature and sal when so used shall have t h-, same force and effect as though manually affixed. IN WITNESS WllEREor, mxed this t lst day of Decelmber7 199Q atued these presents to be signed by Ks proper efplcers, and its corporate seal to be licteunto I ~.oty 11N S Uq,,,y • `JQ~a~FdR*r PF ~}.AY 1, O , o e 1915 k;rEnt; Cohcn.Swctm ~i~;CgI1F01T~\r`!i` ~ Jahn E. $av,te, resWeM o //'creel I I I !III 7 I n I l l lld~~~`` E STATE OF CALIFOR,NM COUNTY OF LOS ANGELES n to Lx t! r on this 1st day of December, 1990, personally came before me John E. Savage and Harm G. Cohen, to"known t , d 'Ile in dividuals and officers of Amy" Surety Insurwxr Com(xtny, who executed the above re the sao , am Y have did severally do and say 0w they u the said off'cen of tttc n+sixxatlcxr aioar~li,i I e cal and their sigttan a sl 11 cxccut on of the carne, and being byme Julysworn, Y ft0x t of the corporation, and that said corporate is he seal to seal an of said rorlxlt us P u. and that the seal affixed to the afwve instrument olficers were duly affixed and subscribed to the said instrument by the authority of the Board of Diredocs OFFICtAi SIX ' MVt B. 7lVvR OO-SOUS 'r ' • A~~,Oe~OAtK+ttES~Y / OCIoDOr22.IP03 Ana flfl n lu•S317ritkxiry hl~tc ~ Ot9000P73tGit4►:i0ltsitii10111CN rINlEtil•S4:iPt::~L6:t .:tw:M.~^ a Restrictions And Lndorsenteats ex: . ' ~r THE STATE OF TEXAS 5 AGREEMENT BETWEEN THE CITY OF DENTON AND .COUNTY OF DENTON S EMMERICH ENTERPRISES The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Don Emmerich/db Emmerich Enterprises, 5114 Miller Ave., Dallas, Texas 75206-6419, hereinafter called Consultant, hereby mutually agree as follows: j 1. SERVICES TO BE PERFORMED: City hereby retains Consultant to perform the hereinafter designated services and Consultant agrees to perform the following services as provided in Attachment A: A. Develop and provide one written examination with 100 multiple-choice questions for the position of Police Sergeant of the City of Denton, Texas. i B. Develop and provide one written examination with 100 f multiple-choice questions for the position of Police Lieutenant of the City of Denton, Texas. C. These services shall include: k " a. item writing 100 questions (called items) for each ' exam b. item revision as directed by the City c. item replacement writing up to 10 items for each exam d. printing preliminary keyed examination for each exam e. printing final keyed examination and reproduction original for each exam f. mailing/shipping charges for each exam g. telephone costs from the Consultant to the City 2. ZOMPENSATION TO BE PAID CONSULTANT: City agrees to pay Consultant or the services per orme hereunder as follows: A. Amount of Payment for Services: 1. Twenty-two Hundred Dollars ($2,200) for the two examinations 2. Seven hundred fifty dollars ($750) to provide defense of examination items, representation in challenge proceedings and e"'pert testimony as to examination's face validity should it be so required. f B. Payment Stipulations: 1. The City will be invoiced upon completion of each examination as follows and shall make payment within 30 days: Sergeant - $1,100 Lieutenant - $10100 2. Replacement items in excess of 10 items per examination and additional printings of keyed or reproduction of original examinations, and nail or shipping charges are not included in the set fee. 3. If required to provide defense, testimony, and representation as specified in 2A above, City will be invoiced for such services upon completion of f services to an amount not to exceed $750. ~ 3. SUPERVISION AND CONTROL BY CITY: It is mutually f understood an agree by an between City and Consultant that 1{ Consultant is an independent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security ' taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall have ; supervision and control of Consultant and any employee of Consultant, and it is expressly understood that Consultant ' shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Consultant under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE; Consultant shall provide, at his own cost and exp%:nse worker's compensation insurance, liability insurarce, and all other insurance necessary to protect Consultant in the operation of Consultant's business. 6. INDEMNIFICATION: Consultant shall and does hereby agree to indemnify an o armless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury or rroperty or third persons occasioned by any error, omission or negligent act of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. 7. CANCELLATION: City or Consultant reserves the right to cancel t s greement at any time by giving the other party ten (10) days wrixten notice of its intention to cancel this Agreement. l I I t i 8. This agreement shall be governed by law of the State of Texas. r 9. TERM OF CONTRACT: ThLs Agreement shall commence upon execution o pro ect, and end upon the completion of the project. day of LX&4tX.' 1991, EXECUTED this 4~&/ CITY OF DENTON, TEXAS CM MA AGFF- LLOY R hLL1 ATTEST: cl-Lem E E E , CITY SECRETARY C OF 'NTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY EMMERICH ENTERPRISES BY: -PRESIDENT-- "I r'!-l1 f~l That Thomas W. Klinck, is hereby designated as the person to administer the provisions of this agreement. t~-546- y'/ 4TY /MANAGER S0b7P 011991:1240 ATTACHMENT A Description of Product or Services Offered Consultant will provide the City of Denton with two 100 question multiple choice examinations, one for the rank of Lieutenant and one for the rank of Sergeant. Consultant will provide the City with one review and one final copy of each of the keyed examinations containing the text of questions, source and page from which the questions are written, and the correct answers for each rank. Consultant will also provide the City with one copy of each examination containing only the text of the questions to be used as a t-production original for each rank. The questions will be written from such source material as the City directs. Revisions to the wording of the questions will be made as the City directs to improve clarity and correctness. Replacement items will be provided at no j charge for up to 10 items for each rank, of examinations review,~tand the the the a reprodbction oonrthe re included in the set fee. The questions will be of either 4 choice or 5 choice format, at the City's options; City shall advise Consultant of this decision prior to the initiation of each proj:cz. H. Timetable Schedule of Deliver The Consultant will proceed according to the following timetable: Step Time Action Er 1 Week 1 Project begins - item writing for each exam 2 Week 4 Preliminary keyed examinations to client for review 3 Week 6 Comments due from client 4 Week 8 Final keyed examinations and original to client for reproduction and collating I Attachment A Page 2 If modem communication between Consultant and the City is technologically feasible, the time allocated for steps 2 and 4 may potentially be lengthened for a total of 4 to 6 days providing extra time for City and Consultant for steps 1, 2, and 4 due to elimination )f mail delays. III. City Responsibilities City will carefully review examination documents for clarity and correctness. City shall provide item revision directions according to timetable. City will reproduce, administer and score j examinations. City assumes all responsibility for security of examination materials after Consultant mails, ships or otherwise transmits examination materials to City. City will notify Consultant of events which may affect outcome of project in a timely manner. i I! IV. Consultant Responsibilities Consultant will take all reasonable steps to assure that items are correct, of high quality and constructed in accordance with professional guidelines. Consultant will maintain security of test materials at all times while in Consultant's possession. Consultant will provide documents as listed in the Description of Product or Services Offered (I) in accordance with the Timetable/Schedule of Delivery (II) with the exception of circumstances beyond Consultant's control, including, but not limited to, mail delay, delay caused by City, and other similar occurrences. Consultant is specifically not responsible for presence of adverse impact. Consultant will notify City of events which may affect outcome of project in a timely manner. 5067P 011991:12SS 1 l B L A C K m V E A T C H P.O. BOX 8405 KANSAS CITY, MO 64114 CHANGE ORDER CONTRACTOR MARTIN K. EBY CONSTRUCTION CO., INC. CHANGE ORDER NO. 0002-REV 2 ii 1500 BROWN TRAIL; BEDFORD, TX 76022 DATE JAN 2, 1991 + CONTRACT FOR GENERAL CONSTRUCTION SPECIFICATION NO. 71.0000 OWNER CITY OF DENTON, TEXAS FILE NO. 84.1000 j PROJECT LEWISVILLE 3 RAY ROBERTS HYDRO PROJECTS PROJECT NO. 10566 8 10567 The contract is hereby changed as followss ! Dollars Delete the left precast tailrace wall and substitute a retaining wall per RFMP No. 2. (t) 0.00 1 Add reinforcing steel for support beam above louver opening per RFMP No. 2. (t) ! 147.00 Delete fishing platform and access stairs per RFMP No. 2. (t) ! (310214.00) Revisions to the valve vault, which include increasing the dimensions of the access hatchet, relocating the valve oparator sleeves, adding valve floor o erators and adding a 60 Inch , diameter butterfly valve on thr future raw water side of the bifurcation with by-pass assembly piping. All these changes are per RFMP No. 2. (t) 290445.00 Claim by Contractor for surveying main control points into the project. See Contractor Claim No. I dated 9/5/90. (R) ! 570.00 Claim by Contractor for removal of the grouted rip-rap, See Contractor Claim No. 2 dated 10/15/90. (t) 10,973.00 (t) Change items are with regard to City of Denton's Purchase Order No. 97168-Ray Roberts. . . . . . ADpr ved for BLAC G VEATCH Net addition of this order ! 99941.00 4te Previous total addition to contract.....! 60471.00 Net total addition to contract..........! 160412.00 Original contract amount ! 4,2710600.00 Date Net Contr t Amount 4,2880012.00 (Owner) (Contractor) BY _ Date 1922 By r 'j--4-0 Date l 19 l } lqr 21931 i t 1 PROJECT NO. CONTRACT NO. 1Po_ THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, First State Hank of Denton 1 hereafter referred to as "Owner," whose business address is I I 101 S. Locust Denton, Texas 76201 , I is the owner of real property located in the corporate limits ' of the City of Denton, or its extraterritorial jurisdiction; and ~I I Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as i t "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to insure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; and [select applicable provision as follows] IXXXXXXIC] Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" of "Contractor" shall mean the Uwner as named above, or ` PAGE 1 Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with whose business address is hereafter i referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an Interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's speciftcations and that payment is made therefor; WIMSSETH As to the Improvements to be dedicated to the public, as specified In Exhibit A, attached hereto and Incorporated by E reference, to be Installed and constructed at Lot One-W 6 Lot One-E (Final Replat of Unit One, 31k One), Denton North Addition to Denton, Texas, In the County and City of Denton, Texas. 0 the Owner, Contractor and City, in consideration of their mutual I~ promises and covenants contained herein, agree as follows: 1. Covenants of Contracts. Contractor agrees as follows: (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standard contained in Division 11 and III of the City's Standard Specifications for Public Works Coi,struction, North Central Texas, as amended, and all addendues thereto, and all other regulations, ordinances or specifications applicable to PAGE 2 - 1' ,l standards, regulations such improvements, such specifications, and ordinances being expressly incorporate'! herein by reference and being made a part of the agreement at though written herein. Isis ections Tests and (b) Of City Engineer' Authority performed orders. That all work on the improvements shall be in a good and workmanlike manner and to the satisfaction of the representative. The City Engineer shall City Engineer of his rep quality and as to the q decide all questions which arise and the of materials furnished, work performed, ~ acceptability ~ interpretation of specifications. Engineer or The Contractor shall furnish the City for aster- I i his representative with every reasonable facility taining whether or not the work performed was in accordance eciElcar.tons applicable thereto. Any wort. done or with the sp inspection by the City may be materials used without suitable expense. ordered removed and replaced at Contractor's exp Upon failure of the Contractor to allow for to satisfactorily inspection, to test materials furnished, unauthor- IE so directed, rejected, repair, remove or replace, or to follow any other ,zed or condemned work or materials, representatives request or order of the city Engineer or his rep the City Engineer shall notif r tlle owner of such failure Eailure ais may suspend inspections of such work until remedied. If such failure is not remedied no obligation under to the of the City Engineer, the {!ty shall have this agreement to approve or accept the improvements. PAGE 3 1 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as i provided for in Item 1.26 of Division i of the Standard ; Specifications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Own::," as used therein, shall mean the City of Denton. 1 (d) Means and Methods of Construction. That the means construction shall be such as Contractor ■ay and methods of choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does rot, in the judgment of the City Engineer, assure that the Improve%,ints were constructed in accordance with City specifications. 2. Mutual Covenants of Uwner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Sonds Escrow Agreement, That If building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the fullowing security requirements shall apply, unless the development is a "one lot development," f as defined by City's Development Code: (i) a performance bond in an amount not less necessary than the amount nthe as determined to by complete a City Engineer, shall be submitted guaranteeing the full and faithful completion of the PAGE 4 r ! ~T- ` t- ' - ' 1 Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City 1 1 Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) :_ment bond; Assurance of Payment, That prior to acceptance of the Improvements; i j (i) a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the Improvements guarantee- ing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $S0,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as ' defined by City's Development Code, and a payment bond has not been submitted In accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both In the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a vritten affidavit, in a form provided by the City PAGE 5 1 r 1. that all bids, caarges, Engineer, stating for[ed and accounts or claims for labor per material furnished in connection with the construction of the Improvements have been paid in full and that there are no unre- land to filed which a tnhst the leased recorded liens are Improvements, , affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, 1 complete list Owner of Contractor shall subcontractors furnish a performed labor on or supplied material and, whthe construction of the Improvements, en requested, written statement from any r each of such beencpaidalnofull~r suppliers that they have Final Payments. (This provision (c) (c) Ret~aina__ lies only where the Owner and Contractor are not he same app party.) That as security for the faithful completion of the j J Improvements, Contractor and Owner agree that the Owner shall 1 retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the ~ only after Contractor has furnished Contractor the retainage, to the Owner satisfactory evidence that all indebtedness due for labor, connected with the work and all sups of money materials, apparatus, fixtures or machinery furnished for and used in the performance of thn work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval Improvements or acceptance of the Improvements of the City, the improve shall become the property of the City free and clear of all • l liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are i affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, chargo or encumbrance to be ~ I satisfied and released or promptly posv a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance, (e) Maintenance bond. TLat prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (101) of the contract zaount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be In favor of the City and shall be executed by an approved surety company authorized to do business in the State of 'texas, ( f ) Indemnification. To indemnity, defend and save harmless, the City, Its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of l PACE 7 a the Contractor, iiis agents, emplol•aes or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out ~ of such injury or damage, (g) Agreument Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. i 3, Occupancy; One Lot Develo oents. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other parson to occupy any building within the development I until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000,00 as liquidated damages, but such payment shall not be daemed approval u such occupancy and the City may taka whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot r development," as defined by City's Development Code, and no 1 performance or payment bond was required or submitted for the tnpr, ements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of Cam. That, upon proper completion of the I Improvements in accordance with this agreement, the City agrees [r PAGE 8 1 to accept the Improvements. s. Venue and Governin& Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their I respective successors and assigns. Executed in triplicate this, 20th day of September 1911-. 1 OWNER CONTRACTOR FIRST STATE BANK OF DENTON 4 BY: BY. Mi heel Cordell, Vice President CITY OF DENTON, TEXAS ATTEST: c APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCII, CI'T'Y ATTORNEY BY: PAGE 9 11233L PROJECT NO. CONTRACT NO. THE STATE OF TEXAS 4 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON 9 OF PERFORMANCE BOND (Development Contract-Improvements of $5U,000 or Less) First State Bank of Denton , hereafter wHaRFAS, referred to as "Owner", has undertaken to develop property within the city of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City h of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which f are to be dedicated to the public, hereafter referred to as { "Improvements", are constructed and completed in accordance with w the specifications, standards and ordinances of the City; and WHEREAS, owner wishes to receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or less, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not lose than the amount necessary to insure completion of said Improvements; I 1 f NOW, THEREFORE, OWNER, City and First State Bank of Denton , hereafter called "Escrow Agent", agree as follows: 1 1, Amount. Owner, as a condition to receiving building per- mite for property located at Iot One-N 6 Lot One-E (Final Replat of Unit One. @lk One) Denton North Addition or Denton, TX shall deposit the sum Of *MFivw Thousand Dollars 6 No~100*k~~*k*k1M***ARR*Rk*kAAM**AAA**AA*AA* in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of r,il Improvements which are to be dedicated to the public; said improvements being more particularly described in that certain development contract dated the 2O&b day of September , 1991 between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notl.ce of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with Escrow Agent. 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for herein as follows: (a) the City Engineer shall authorize the release all the escrowed funds when all improvements are PAGE 2 ri 1 e completed and approved in accordance with the determinationfoftwhich shallmbetmadenbyath© City Engineer whose judgment shall be binding on all parties hereto. I (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the area rening tombeC9completed which avand oaccepted but approved by the City. 3. Notices. Any notice to be sent, or required to be ~ set I or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney Denton, Texas 76201 OWNER: First State Sank of Denton Jul S. Locust Denton. Tx 76201 ESCROW AGENT: First State Bank of Denton 101 S. Locust Denton Tx 76201 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement, 5, Nonliability of Escrow A ent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance with this agreement, The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in PAGE 3 s l connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence willful misconduct. or If ally question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow i Account, thr, proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall nor, be required to act and shall not be held liable for rJfLaal to act unti question or dispute is settled, and 1 the absolute right at its discretion to doh`eitherow Agent has the ' or both of the Following; (a) withhold and/or stop all further performance under I this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto ` question who dispute, or the subscribers), that the resolved; or pu ' °r disagreement hem been (b) file a suit in interpleader and obtain by final Judgment rendered by a court of competent juris. diction, an order binding all parties interested in the matter. b, Successors and Assi ne. This agreement shell be binding upon the successors and assigns of the parties hereto. 7. a nue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 e IN WITNESS WHEREOF, the said Cityl Owner, and Escrow Agent have signed this instruoent this 20th day of Se tember 1991 1J CITY OF DENTON OWNER FIRST STATE BANK OF DENTON BY: L BY: 4Mi6a!el Cordeli, Vice President ESCROW AGENT FIRST STATE BANK OF DEUTON BY: Oat ALT~1t { ~ r PAGE S F 1 Project No. Contract No. OWNER'S AND CONTRACTOR'S AFFIDAVIT OF PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS 1 !This form may { Of $50,000 cry used in lieu of a payment bond on contracts (A1(4){g) of A less as provided for in Chapt.IF,, art, 3.07 ppendix A of the Code of Ordinances.) That, pursuant to the Contract entered Into ponthens20 TthdaY oftain w vi 1991 ► between FIRST STATE H BANK OF DEHTON deal natelopment and-relerred to e Of ea se cent rc n designated thereinrand rrefTea"to 9 the ► FIRST STATE BANK OF DENTON and the city of Denton, Texas OwnereendnContrac orrac Ov submit this affidavit, , and state under oath the followinQbY That all contractors, subcontractors and other pet- sons who provided labor or connection with the constructlonisofdthe have ateriala in manta'►, as designated in said Development contract, been epnaid in full and that there are no claims, liens, or , cumbrances and t n IBents, or the land to which they arenaffixed.Improve_ OWNER FIRST STATE BANK OF DENTON CONTRACTOR Hichael Cordell, Vice President ' SUBSCRIBED AND SWORN TO BEFORE ME Owner. ► 19`1 by this day of as NOTAR 8 IC, STATE OF Tg]l,~g SUBSCRIBED AND SWORNb TO BEFORE ME 19~ , Contractor, y this _ day of ► as ` 86-551.TRT NOTARY PUBLIC, STATE OF TEXAS 1 ` r t NOR•TEX PUMP COMPANY nc l} 0 box 91~ KRUM, TEXAS 76249 ~1 T•'S66.5,SOT :YROPOVAL NON 910001 bArri 13 ieptember 1001 PROPOSAL SUJMZTTZD TO WORK TO B0 PWORNED AT 1 Kesel Virst State Bank of Denton Iltreet' Slre and Mr, Michael Cordell Fallseadow City Demon streattlei Be. Loaust Cityl Denton Ststei Tallow i otatei Tomas we hereby propose to furnish all thr *otrriai■ and perform oil f labor necessary for the completion of i Install sidewalk so required ' by the City of Denton bank IN 200110.66 Corner Stop s l j WW9, M! Depasit for Fire Hydrant per City Requirement Probable Cost et, 4"o lbb lank Total to ►porow with City of Denton 0 D~ N0' W A On• Year 41) warrsnty will be issued on the above, and the work will be performed in accordance with %he drawings and mpeolficotions submitted for the above work and completed in s substantial Vbrkmonlike manner for the sup of FIVE THOUTAHD AND HO/100 Dollars 1+18100.011, with psymentm to be made ■s follower In full upon completion ' Any alteration or deviation drom above apeaifiostions involving costs will be okeouted only upon written orders and will become an extra charge over and above this estimate. All agrepaonts contingent upon strikes, accidents or delays beyond our control. Owner to carry above Work above kn'' to v be taken out by mpon■ot~on o and and Puother blic Liability on Insurance on co Mortex Pump, H~pptfully submitted TAX, • ote - Th! opo a ;;"it rithdriwn by up it not accepted within t rty 4 ! days. ACCRPTAKCE OF f'HpPOiiA1: The o pricer, mp ificatiens and conditions are satisfactory -end tfd. You •r• outhar4mo-r ♦w 0" •n. are hertby aocmP nt will be made as evllined abevo. fa ee bIONATURE f1IONATLll6 #0 ACOO"q state Banc &sCLt 11c t StAte Park ^ Cif Of Dentm dtcr3MMOT1Mnw ran oi'orr «iucc+ ro T-1 J~ ADM' S t Innyverent ~ ,n,uMUa., ~f • Mr i 1urE tr✓v~C+ ue" , ' ct 513 50 U TOT Oaoert 1 ' y• r70 1313 910-` f: I j Account Number Card 1 FIRST STATE BANK r,Q, e,.1oo • o.w r11 Twee • i' 70 1313- 50b M 2C) 9r i FtRST STATE SANK M,&ae4 Cordes Y<e Ne$4a t P G Brn IN 117 JB1 i11 U41w pion, 1M 76202 • Almo 16 I ~ i LICENSE AGREDiENT BETWEEN 1 THE CITY OF DENTON AND FRONTIER WASTE M4AGE}7ENT.. INC. I, For For and In consideration of Inc,, hereinafter called ,~011)"ance by Frontier In this Agreement the LICENSEEII, with waste ~jggnent, governing the colt and the ordinances and he conditions set forth Frontier Wastenaection Of Solid waste tregulations of the City Texas with Its gement, Inc, a ccrrpan 10 the CITY he,-eby grants to license to use principal the ncipal offices at 1806 N organized under the laws of Public corporate streets aiieys and thoroughfares. e limits of the City for the purpose and thoro~farres rwl hinsthe of collecting and disposing Of garbage, trash from engaging in the business Ordlnances Person, as provided in Chapter ' rubbish Sec, 2?-23 1? , and solid waste corporate limits of the Clay, Sec. 12-24 of the Denton Code of , from locations within the 11, TERA1 The term of this Agreement shall b be for a day of January, 1991 , and Period ccrrrre 1991. continuing through the the 1st 31st day of December, NON-WAIVE OF Po',iERS This Agreement shall not be waiver by the CiTY of Its taken or held to Imply the relln4u regulations, and the C[TYr to "rake other reasonable r lslment or all regulations Which,y whereby expressly reserves equlrements or e rwm necessary ampl or the right to make I ng ar the safety, welfare and proper to secure In the most , a'►oI~9 other things, the r! accomnodation of the Public includ- Prot and promote the right to adopt and dangeectr and fnconvenlence health and enforce regulations to solid l In the by thi general welfare of the public from actions, and to mnagement and operation of garbage and swaAgste re coi ement. provide such service as Is contemplated SCOPE AND NATURE OF OPERATION It is expressl suitable c y agreed and understood that the LICENSEE shall solid waste Lamers to collect and deliver for dls emoved by said Posal ail use expense, furnish Personnel and LICENSEE. LICENSEE shall garbage and equipment to collect ' at Its cvn garbage and solid 1S2/121390052/1 i 1 LICENSE AGREEMENT BETWEEN 1 THE CITY OF DENTON AND FRONTIER WASTE MAWD`1E lT, INC. 1. GRANT For and in consideration of ccnpllance by Frontier Waste Management, Inc., hereinafter called the "LICENSEE", wlth the conditions set forth in this Agreement, and the ordinances and regulations of the City governing the collectlon of solid waste, the CITY hereby grants to Frontier Waste Management, Inc. a corpany organized under the laws of Texas with Its principal offices at 1806 N. Stemrons, Sanger, Texas, a \I license to use the public streets, alleys and thoroughfares within the corporate limits of the City for the purpose of engaging In the buslness of collecting and disposing of garbage, trash, rubbish, and solid waste from any person, as provided in Chapter 12 of the Denton Code of Ordinances, Sec. 12-23 and Sec. 12-24, from locations within the corporate limlts of the City. I TERM The term of this Agreement shall be for a period canTencing upon the 1st day of January, 1991, and continuing through the 31st day of December, 1991. t[. NON-WAIVER OF POWERS This Agreement shall not be taken or held to Imply the relinqulshment or walver by the CITY of Its power to make other reasonable requlrements or regulations, and the CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure In the most ample manner the safety, welfare and accarrmodatlon of the public Includ- ing, arang other things, the right to adopt and enforce regulations to protect and prorate the health and general welfare of the public from danger and Inconvenience In the management and operation of garbage and solid waste collections, and to provide such service as is contemplated by th!s Agreement, IV. SCOPE AND NATURE OF OPERATION It Is expressly agreed and understood that the LICENSEE shall use suitable containers to collect and deliver for disposal all garbage and solid waste removed by said LICENSEE. LICENSEE shall, at its own expense, furnish personnel and equlpme^.: to collect garbage and solid -1- 1S2/121390051/1 6 . waste from customers. LICENSEE wilt establish and maintain In an 1 nner led r and efflcies and be~necessarymto ffulfillhthe scheoldud wasteuservl a require; schedulle as may ments of accounts located within the City. V. RULES AND REGULATIONS i A. The City Manager may impose all reasonable rules and regulations as 1 a condition precedent to issuing a license under Thels article andmas j a condition subsequent to continuing validity. City Manager require LICENSEE to ccrply with regulations er ofe prong pickups week vehicle to be used in collection, required, method and route for transporting said collection, and appropriate disposal locations and identification of trucks. Such City rules and regulations shall be subject to the approval of LICENSEE Council and shall be transmitted to LICENSEE In writing. shall comply Y+lth such rules and regulations within ten (10) days of receipt of the rules and regulations. l B. LICENSEE mi not discontinue service to a commerclal or industrial f custamer for non-Dayment without first removing the container. LICENSEE agrees to notify the City of Denton Code Enforcement Division upon removal of container for non-payment. C. LICENSEE shall furnish CITY a list of the locations of its solld waste customers In the tometri aIngduextinformatlonfandtto assistethe t updating the City's pho City's Code Enforcement Division In handling litter and debris ' theolCatIions of the City Ce of with the first l ist notOlaterr than Ma ch~1,E 19911 provide D. LICENSEE shall arrange for tinely collection of large items placed beside containers by contacting customer to authorize collection. Denton CodetEnautrize forcement Div. on, LICENSEE willhnotify,the the custcnvr does VI. PAYMENTS r The LICENSEE shall be responsible for billing accounts and collecting payments from customers. VII. LICENSE FEE In consideration of the license granted in Section I hereof, LICENSEE shall pay to the CITY, at the office of the Executive Director of - 2 - 1521121390051/2 c S Finance, In lawful money of the United States, eight percent (8%) of its gross receipts measured by the solid waste collection service fees and revenues collected and other Income from any source derived from the opcration of the solid waste collection service within the corporate limits of the City of Denton. LICENSEE shall remit this license fee monthly on or before the twentieth (20th) of each month based upon the revenues collected during the previous month. Revenues from the col- lection of coin rcial or industrial waste material whlch is recycled is not subject, to the license fee unless there w, greater than ten percent (10%) non-recycled waste in a container. 1 This compensation shall be In Ileu of any other fees or charges Imposed by any other ordinance now or hereinafter enforced during the life hereof, but shall not release the LICENSEE from the payment of ad valorem taxes levied. or to be levied, on property it owns, or fees for using the City's landflll. i The books and records of LICENSEE shall be open at reasonable times for inspection by the City Manager or his designee In accordance rilth the terms of this license agreement. f Vill. 1 VEHICLE IDENTIFICATION The LICENSEE shall provide the City with a list of vehicles which it operates and the make, model and body style of each vehicle. LICENSEE shall identify each vehicle by placing clearly legible letters no smaller than six Inches (611) on each vehicle identifying the applicant by name. i IX. DiSPOSA_ OF SOLID WASTE The LICENSEE agrees to dispose of all solid waste collected within the City at a sanitary landfill site approved by the State of Texas. The CITY reserves the right to designate a specific landfill site to be used by the LICENSEE at any time during the term of this Agreement. X. TERMINATION If at any time LICENSEE falls to perform any of the terms or conditions herein set forth, CITY may, after a hearing as described herein, revoke and cancel the license given in Section i hereof and this Agreement hall be null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the LICENSEE by registered or certified mall addressed to the LICENSEE at the address shown on the record of CITY, or personally delivered to - 3 - 152/121390051/3 t, Y 1 LICENSEE, and a period of at least ten (10) days has elapsed since the mailing or deilverry of such notice. The notice shall specify the time and place cf the hearing and shall Include the reasons for revocation of such llcens~. The hearing shall be conducted by the City Manager of the City and the LICENSEE shall be allowed to be present and given full opportunity to answer such charges and allegations as are set out j against him in the notice. If, after the hearing is concluded, the City Manager shall determine that the charges and allegations set forth In this notice are affirmed by the facts presented by the hearing, the CITY may revoke and cancel this agreement and the license, and the same shall be null and void. XI. ' BOOKS AND RECORDS The LICENSEE shall maintain a separate set of records In a form suffl- clent to identify Its revenues and expenses Involved in collection and disposal of garbage and solid waste within the corporate City of Denton whlch shall separate the accounting records of the Denton operation from its other operations. The CITY may, at any time, cause an audit, either formal or informal, to { be made of the portion of LICENSEE's books and records representing its Denton operation or any portion of any of Its other operations which may I~ be allocated or charged to the Denton operation. Any additional anoint due CITY as a result of such audit shall be paid within thirty (30) days foliaring written notice to LICENSEE from the CITY. xli. INDEMNIFICATION; INSURANCE The LICENSEE assumes risk of loss or injury to property or persons arising from any of its operations under this Agreerrnnt, and agrees to indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses, including expenses of litigation and r attorneys fees, arising from any such loss or injury. It Is expressly understood that the foregoing provisions shall not In any way Ihalt the llablllty of the LICENSEE. The LICENSEE agrees to carry Insurance during the entire term of this Agreement as follows: a. Worker's Compensation insurance covering all employees of the LICENSEE engaged in any operation covered by this Agreement. b. Automobile anC Public Liability Insurance In amounts not less than $300,000 per occurrence. Such policies of Insurance shall be Issued by conpanles authorized to conduct business in the State of Texas, and shall name CITY as an -4- 1S2/121390051/4 - F additional Insured and shall insure CITY in the sane general terms and to the sane general effect as the foregoing Agreement of the LICENSEE to Indemnify and hold harmless CITY, and certificates evidencing such 1 Insurance contracts shall be deposited with CITY. XIII. ASSIGN4FNT No assignment of this Agreement or any right occurring under it shall be made in vftle or in part by LICENSEE without the express written consent of CITY. In the event of any assigrn ent, the assignee shall assure the liability of LICENSEE hereunder. l XIV. BANKRUPTCY 1 This Agreement shall terminate in the case of bankruptcy, voluntary or involuntary, or insolvency of the LICENSEE. In the case of bankruptcy, such terminatlon shall take effect on the day and at the time the bankruptcy is flied. Xv. RIGHT TO REQUIRE PERFCRMdNCE The failure of CITY at any time to require performance by LICENSEE of h any provisions hereof shall in no way affect the rights of the CITY thereafter to enforce the same. Any waiver by the CITY of any breach of any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. XVI. i MISCELLANEOUS A. if any provision of this Agreement shalt be declared Illegal, void r or unenforceable, the other provisions shall not be affected &rd shall remain in full force and effect. 0. The effective date of tots Agreement shall be on January 1, 1991. C. All notices given pursuant to this Agreement shall be deemed suffl- clent, if given in writing and delivered on a business day during normal business hours, and deemed delivered on the second business day after dispatch if sent by first class nail, certifled, return receipt requested, addressed as follows: -5- 152/121390051/5 i t J t r LICENSEE: CITY: City of Denton Frontier Waste Management, Inc. City Manager Benny Johnson, President 215 East McKinney Post office Box 758 Sanger, Texas 76266 Denton, Texas 76201 day of A:0!4-` 19 4~• EXECUTED this *11_ ATTEST: il C Sec eta i ATTEST: LICENSEE. I QPresident my J n n, Frontier Waste Management, inc. i -6- 1S2/121390051/6 1 i lip ( AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HELP OUR PEOPLE EMERGE (HOPE) This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Help Our People Emerge (HOPE), a Texas non- profit corporation, (hereinafter referred to as Agency); WHEREAS, the City"s Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and i WHEREAS, the City has determined that the Agency merits assistance and can provide needed services to citizens of the City and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. Provide long-term counseling for budget and employment planning. B. Assist each family with rent, utilities and food for a period of thirty (30) to ninety (90) days. II. 0 LO L G OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Five Thousand and No/100 ($5,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the } City funds for a period that would extend beyond the term of this Agreement. k F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is I a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. I H. It will appoint a representative who will be available to I meet with the Executive Director of Finance and other City officials when requested. I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1991 through September 30, 1992. IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 110 west Oak, Suite B, Denton, Texas 76201, Attn: Community Development coordinator: PAGE 2 r w L, 4W- J f 1f1 I $1,250.00 on or after January 1, 1992 $1,250.00 on or after April 1, 1992 $1,250.00 on or after July 1, 1992 $1,250.00 on September 30, 1992 i B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sus of Five Thousand and No/100 Dollars ($5,000.00) for all of the services rendered. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and , f maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial 1 records for review by the City at the City"s discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. Agency shall submit a copy 1 of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of active volunteers. 2. Number of volunteer hours served. 3. Number of families receiving rental or mortgage assistance. 4. Number of families receiving utility assistance. 5. Total number of families assisted. 6. Length of assistance for each family. 7. Estimated number of counseling hours. D. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include income and expenses for the preceding quarter. PAGE 3 I W 110 S 1 VF. "'°oi.mnnra tAF.ETING& During the term of this Contract, the Agency shall cause to be Board forthsthe time nandcplace thereof. oSuchsnotice oflDirec totorStthesCity Copie of all shall be delivered to the city in a timely manner to give adequate the notice, and shall include an agenda understands sand eagrees i thatfcity f matters to be discussed. Agency i s shall be afforded access to all Board of Director's representative meetings. Minutes of all meetings of the Agency's governing body shall be j ! available to the City within ten (10) working days of approval. VII. a*rcnc►1CTo oR__T_mm"O The city may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: f A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of IF this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. Appointment of h trustee, receiver or liquidator fo all orof substantial part of the Agency's property, idation f pro- bankruptcy, reorganization, rearrangement of or liqu ceedings by or against the Agency. E. If for any reason the carrying out of this agreement is 4 rendered impossible or infeasible. in In case of suspension, the City shall advise the Agency, writing, as to conditions precedent to the resumption of funding and ' specify a reasonable data for compliance. In case of terminatio:i, the Agency will remit to the city any con- arising out stitute unexpende w iCit ver of any claim the City thotherwiese s have shall of this Agreement. VIII. EQU opcnRTtnIITY A. Agency will submit for city approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal PAGE 4 4 +S- S ' 11 • \ 1 provisions, within one hundred twenty (120) days of the effective date of this Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the , non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Agency further co+-..ants that in the performance of this Contract, no person ! having such interest shall be employed or appointed as a member of its governing body. ! B. The Agency further covenants that no member of its governing { k body or its staff, subcontractors or employees shall possess any r interest in or use his position for a purpose that is or gives the ` appearance of being motivated by desire for private gain for himself, , or others, particularly those with which he has family, business, or 1 other ties. I C. No officer, member, or employee of the city and no member of ! its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carryinq out of this Contract shall (1) participate in any decision rel.ting to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. EPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. PAGE 5 s. r~ IN WITNESS WHEREOF, the parties do hereby affix th r iq tures and enter into this Agreement as of the day of 1991. CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY ~ I BY: } APPR ?ED AS LEGAL FORM: 1 fff DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: HELP OUR PEOPLE EMERGE (HOPE) ; ( CvI~DC,tJ~GJ ~~,({,1~, ~ I DIRECTOR ATTEST: 4CRETARY AAA=7 . PAGE 6 F i CONTRACT AGREEMENT L NOV 19 RECD STATE OF TEXAS $ CI TY'"AN4}ANT F COUNTY OF DENTON $ THIS AGREEMENT, made and entered into this 3 day of _SEPTEDER A.D., 19_R, by and between The City of Denton of the County of Denton and State of Texas, acting through Lloyd V. Harrell I thereunto duly authorized so to do, hereinafter termed "OW"NER," and Balliburton Services, P.O. BOX 5839, Bossier City, LA 71111 I , 'T { of the City of Bossier City County of Bossier Parish JI and State of Louisana hereinafter termed 1 "CONTRACTOR." W"ITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 01266 - CLEANING OF BOILER ELECTRIC PRODUCTION in the asount of $26,885.10 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superinten- dence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Pr,)posal attached hereto, and in accordance with the Notice to Bidders 4Advertisement for Bids), Instructions to Bidders, all attached hereto, and in accordance with the Specifications therefore, as 3540s CA - 1 prepared by pC~IC PRODUCTION ¢r~FF all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and 1 shall not be deemed to be or considered an employeo of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton. Texas, or his designee under this agreement. i Indemnification. 1 Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third C persons occasioned by any error, omission or negligent act of Contractor, its officers, agents; employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and thetCityoof Dent, at its and all such claims and mands. J Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and special conditions of the Contract. 3540s CA - 2 t . i IN WITNESS WHEREOF, th_ parties of these presents have executed this agreement in the year and day first above written. ATTE T: OWNER ~ B, i 4:~(S r, ATTEST: HALLIBURTON SERVICE &rt,41- CONTRA OR By { T tIe Z4~&- R. M. Melton, Division Manager (SEAL) ti a wooc. AV APPRO 8If AS)TO FORM: 7o+:as"`"rv i C t Attor y ( *SIGNED TO THE TESKS AND CONDITIONS OF TOE ATTACMZ RIDER. CA - 3 3540s y , PURCHASING DEPARTMENT BID INVITATION City of Denton 901-B Texas St. CITY OF DENTON. TEXAS Denton, Texas 7L_ -1 Date 6-21-91 BID NUMBER 1266 810 TITLE CLEANING OF BOILER ELECTRIC PRODUCTION Sealed bid proposals will be received until 2,00 p.m. I JULY 18 a 1991 at the office of the Purchasing Agent, 901 -8 Texas St.. Denton, Texas 7620' Far additional Information contact 1 PURCHASING DEPARTMENT 901 B Texas Street Denton, Texas 76201 i Office DFW Metro 817383.7100 817.267-0012 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be reeetwd in dudicale, on this form, prior to Opening date and time to be considered. Late proposal will be returned unopened. I Bids shall be plainly marked as to the aid number, name of the bd, and bid opening date on the outside of comp!eie!y sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton. 901 -8 Texas St., Denton, TA 1 76201 I 1 Arty submitted anicie devistkq from the specifications must be identified and have full desaipPire data accompanying same, or it wed nut be considered. 4. All matedals we to be quoted FOB Denton, Texas, deffwred to the Moor of the warehouse, or as otherwise indicated. S. r1N City of Denton, Texas reserves the right to accept separate items in a bid unless this nghl is denied by the bldder. 1) In Cane at t7ei after bid acceptance, the City of Denton, Texas may at its option half the acc.,ied bidder Or Lonfroctuor No&* for any and all reeullant Increased coats as a penalty for such default. 7. The City of Denton reserves the right to re(eet any and au bids, to waive all Informalities end require that submitted bids `fL remain In force for a sixty day period after opening or until award is made; whichever comes lirst. f E. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton IIV throughou: the co-tract period. 9. The Rama are to be priced each net. (Packaging or shipping quantities will be, considered.) 10. The Prwehaskq Department assumes responsibility for the correctness and clarity of this lid, and all Information anddor questions peilaining to tMa bld shall be direcled io the City of Denton Purchasing Agent. tt. Any attempt to negotiate or give information on the contents of this bid with the City of Donlon or ts representatives prier to award shalt be gourds for disqualifications. 12. The coed;tlons and terms of this M will M considered When evaluating for award. 17, The City of Denton is exempt from all sales and excise taxes. (Article 20,04-B) r P.O. Box 5839 Bossier City, LA 71111 , HAWBWON SERVICES s 318-746-3388 July 15, 1991 Purchasing Agent 901-B Texas Street Denton, TX 76201 ~ Re: Bid 1266, Specification 91-401009, Title: Cleaning of Boiler Electric Production E Dear Madam or Sir: Enclosed is Halliburton's bid for the chemical cleaning of the Unit /4 Boiler for the City 1 of Denton. Should you have any questions regarding this proposal or our pricing, please call us at 1-800-932-5326. Halliburton appreciates the opportunity to be of service to you on this project. Si rely, Lee P. Coll I Field Enginet7 Halliburton industrial Services I 10 I l 0 A Ha Iturlon Carcany L r I M I ' 1 I j Halliburton Industrial Services Division J Bossier City, Louisiana 1 C ! , Chemical Cleaning Proposal City of Denton, Electrical Production Division Unit Four Boiler The Information in this document is proprietary to HaWburton Services. Procedures, parameter values, and concepts provided In this document are intended only as an aid to the customer for the planning and evaluation of services. Halliburton intends to provide Information and contracting services, and takes no responsibility for engineering design and specifications for the specific work. Any further use or disclosure of the Information in this document is prohibited without the expressed written consent of Halliburton Services. >ti l • } \1 I. A. Scope of Work Halliburton Industrial Services will provide chemical cleaning services to the City of 1 Devon's Electrical Production Division for the purpose of cleaning the internals of the Unit Four Boiler in Denton, Texas. Halliburton will provide all necessary chemicals, personnel, and equipment to provide the chemical cleaning services. B. Provisions by HaW'burton j Hall'burton will provide the following items for completion of services listed in the Scope of Work section. ~ 1. Chemical Requirements 27,3300 MACORO: this is an EDTA based chelant, and the amount listed here reflects a 50% excess of material for additional strengthening of chemical solution during the iron removal phase. 16 gallons OSI-I: this is the inhibitor for use with the MACOR process i 7000 sodium nitrite: to be used during the copper removal phase of the chemical E j cleaning. i 2. Equipment Requirements r 4 A. (1) Chemical Transport with injection pump: for transporting chelant, mixing chemicals, and injecting chemicals into boiler. B. (1) Laboratory Trailer: for on site analysis of chelant and dissolved iron and copper concentrations. Metals analysis by atomic absorption. C. (1) Air compressor: to blow air during copper removal phase. D. (1) Lot - Miscellaneous equipment including flownvmrs, hoses, injection iron, valves, and associated fittings. 3. Personnel Requirements Halliburton will provide one (1) Each of the following personnel on a per- shift basis: Supervisor/Chemist Service Representative Equipment Operator Page 1 ..-wr--- 1 , III. Pricing A. Chemical Pricing rSodjum Quantity Unit Price Total ORIO chelant 27,330 pounds $0.57/pound $15,578.10 inhibitor 16 gallons $25.00/gallons $400.00 Nitrite 700 pounds $0.56/pound $392.00 t Total Chemical Price. $lb,370.10 H. Equipment Pricing item Quantity Time Unit Rate Tots] 4000 gallon Chemical Transport 1 l day 3100.00/day $100.00 Lab Trailer 1 1 day $300.00/day $300.00 Miaing/Injection Pump 1 24 $45.00/hour $10080.00 hours Air Compressor 1 1 day $250.00/day $250.00 I► soellaneous Items ! NA $125.00/job $125.00 Total Equipment Price: $1,855.00 - C. Pasoanei Priicing Item Quantity Time Unit Rate Total $720.00 SupervisE/Cle #1/shift 24 hours EP&e _'-rvict 24 hours $600,00 E4~tipme24 hours 528.00 Pei Die2 days 780.00 Total ,628.00 ~l 1 Page 2 w i . c D. Stan.lby Time Standby Time for Halliburton Personnel and Equipment are equivalent to the unit rates listed for each item in the equipment and personnel pricing tables. This applies for Halliburton to remain on location during operations, without progressive work being performed. An of[ site standby rate for Halliburton personnel to remain in Denton will be $15.00 per man per hour with a 9 hour minimum per day plus the $65.00 per man per day per diem associated. E. Mobilization Item Quantity Unit Price Total Mobilization, large I x 240 $1.10/round $264.00 trucks miles trip mile Mobilization, pick ups, 5 x 240 $0.501round $600.00 small trailers, and cars miles trip mile Total Mobilization Price: $864.00 1 F. Pricing Totals 1 Item otal by Item Chemical Pricing $16$70.10 Equipment Pricing $1,855.00 Personnel Pricing $2,628.00 Mobilization Pricing $864.00 y Total Pricing: $21,717.10 IV. Contractual Agreements A. Insurance Halliburton will furnish a proper certificate of insurance to the City of Denton prior to starting operations. The certificate will be sent from our division office in Houston before the due date of this bid. B. Contractual Agreement A copy of the Contract Agreement will be reviewed and approved from the Halliburton Industrial Services Division Office in Houston, Texas and sent before the due date of this bid. Page 3 I r ti V. Safety Halliburton personnel are required to wear OSHA approved safety equipment including, but not limited to; safety glasses or goggles, protective clothing, hardhats, and steel-toed safety shoes. Halliburton will provide all necessary safety equipment to its employees and will cooperate with the Customer in following all safety regulations implemented by the Customer, the City of Denton. R f i 'r Page 4 l 1 J~ i I ! VI. Provisions by the City of Denton For Halliburton to perform the services listed in the Scope of Work section, the following provisions must be made by the City of Denton: A. City of Denton Representative on site to coordinate chemical cleaning activity i during operations. B. Containment and disposal of all chemical cleaning wastes and associated rinses or flushes. Halliburton will provide temporary connection to boiler for pumping waste from boiler to waste storage vessels. 4" NPT connection required on boiler drain, within SO feet of access for tractor mounted pump. C. Boiler quality water for mixing chemicals and cleaning pumping and transport equipment after chemical injection. D. Personnel to operate boiler during chemical cleaning operations. E. Free all weather access to jobsite. F. Adequate lighting for night time operations. G. Adequate connections for injection of chemicals into boiler, 2` NPT recommended. Y 1 I r I Page S F i t . S QA: 'EM DESCRIPTION OUAN. PRICE AMOUN- i A. CHEMICALS MACOX 6cfRnt .T1r3'!0 57 tS i , 052 i k L .tor 14 q4A 2.6 ~oo.at -loo , $G 1312 0c; :5 dQ ;tr to 3. EQUIPMENT goo ~'rL4 SPe ~'t ( 0 4 100 Lab T~a~le► t 30yjx 300 KrX~±~~Swjc~fTy. P4•-P 1 S hr 10to Au- eprfires$O r 4 Z~ N,rsCt~~4wtow~ 1 ~S ' 6 1~.5 i PERSONNEL SC+G a1PODe4 i_T4 _ LUMP ZGZtr PER HR MINIMUM HOURS dk,r PREMIUM TIME ohQ HR $ STAND BY TIME n PER HR $ s ~ r~ P° s e.X.1 P+ya- 3 f TOTALS II Ns quota the above f.o.b. Denton, Texas. Shipment an be made in days from receipt of order. Terms net un'ess otherwise Micated. In sut:nittiN the above bid, the vendor agrees that aoceptanee of any or all bid items by the City Of Denton, Texas within a c3,onatila period of time constitun a contract. &%IIWe Address Bidder GIY State ZIP 37erteture TTI T. Nn~T TItl• Y UL « OESCA TION CIVAN. PRICE AMOUN- 1 1. MOBILIZATION PER ROUND + t~tiS + 2 40 &A;les TRIP $ y 2. EQUIPMENT AND PERSONNEL PER ROUND 5 taws S - 24o P-%d (e!s TRIP $ .S4 600 .dc { ' I C. REQUIREMENTS FOR III A., B., C. AND E. CLEAN DEPOSITS APPROXIMATELY 1600 LBS $ ZJr71 ,tfv ~ I I i I V ~r TOTALS Wa quota the above f.ob. Denton, Texas. Shipm+nt can be made in days from receipt of order. Terms net ,.mess otherwise indicated. n sutmitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton. Texas within a ,ascnable period of time comtitues a contract. E VIN110e Address aleeer city state Zip ge,yty re Title r r i Z" 7 :'_c~TRiC ?P':C'UC*7 '?11 J: OE?OT^N. TEXAS lJ:A SPECIFICATION 91-401009 CHEMICAL CLEANING OF UNIT FOUR BOILER I. SCOPE OF SPECIFICATION A. A contract is termed legal and binding awaror-'e-e. lssuarce of 3 ritty cf ^enton .n,'Jr:ntEe :'11°_ Sp?:7"C.~.t l^rl i? or Sucp:y '13ter73?. :'E"':3': a,•. _?c^ni:al se^: ice rieces_3ry to perfr ~iti of 0ent3n's Unit Four coi'3r. Ise reoueste_d. The LMller has deposit dercit.e_- a'3m,%so. ft. on wa*_erwallS 3rC 13.95;'s' f*, :r 3ddition3l hldeo t ° " I uL de005it 3ccUmC13t l,;n5 LC 3 dECL r',~,: n •.Q ,r-r. have teen detected. The colter Lute material ur.e: ire -jsju. deposits =s 3ererally severely pitted as a resin*_ cf :gust': eros!cn. This boiler has er.perienceo nUmEro'u5 Luce f::iUre: anj, In all ilkelihood, will exoerience tube failure duriria the c'.eca-n, cr:xess. , II. SCOPE OF SUPPLY 1 {cntract:r shall ;upcly: 1. Necessary :heroical, !EOTA type S_-h ent, f:r 1ror and %,c-,e, I removal. Specialty equipment to admir•iste• :he:n1:31 to !no fr,m cei-e,. 3. Personnel to set up 3no safely admin,,s*_er han7lirg of al' chemicals and equl ment used. r Proposal 1 1. Bid response to include detailed des:ripti:n of supc'y for Items II.A.1, 2 and 3 above. 'he following assu„pticrs apoly: a. Water weigi,t 3 F: degrees F., ccer3t11? 16;e'' "cs. b. Total heating ;ur,'3.,e 35.195 sc. ft.. N3" C. ASSUme 6.) gram,,sq. f.. :n appr:•~mate, v :OC:' s :t -o heating surface, 13 gr!ms/sq. ft. :r re.m2incer. v r F i ITI. QUOTATION REQUIREMENT :'LC:c rric7n'3 ey :rem-,:a, 'Cr ajI rarea-_..i t'VS nt:rn. OUCte or-ce _e' Sal-c- ?r loclude dersi:y. Estimate _7eml -aa rnCl~,.•e, or~: ~_nn r:3111ng =r:.im_ar?ly 1tC'C' I0S.3f 50% 'on an_ _uote aoui:meot recassa•y :o safely avn,ni- _.e'na:al :c :f :rr C'antcrw''' prpv`de °_tc':ge tar k.= r 5G6't F f :i?anlr'? Sol;:nts. :ucte r3fe per hour and 01'11..^.'m 1+ E "uo:e oersenr.el necessary to safely administer -learorlq arc r:nenical analysis. Quote lump sum labor per ncur ar': iirtl_m. 1T spc'lcaole. Cuote premium time and ce-icd. -f :2t. _.~te sta-,joy :lure sumo :u.m cer -lou'. -e r a lli:atipn oersonrel ncc7 :at1Cn per .-0o,_rQ E':.:+cment snc ner crne; :er -ound tr•^ po • I _s:lmate requirements fcr III. A. 3.. arc E. p'ean depcslts totaling aoprc.a•matety 150,:' los, 5C: 1rcr 3re c:;pcer, j IV. CONTRACTUAL AGREEMENTS A. Irsuranza. see Exhitlt A, paces C_ctract Aireement. see Exhibit S, ?a-,-es V. SAFETY i A. Cent&actcr shall provide i3rc nat=. sa~ety 3iasee'.. g:g;'_:. .pca•~ ware and an.. ether orotecti'Je equ•c~mert reca<_:ar. t: safe': 1 .icminlster this contra:t. :a^t'3_:o^ 5na':l orovice 'ns-311 par' er 9a'.:.•'_1 and orr:ect C1', cf Ce.ntor empl^yees `cm _ pcs.,re t: an;• h3:aeoc associated rlth this contract. Ccrtractor shall conduct safety training sesslo% with C,ty Denton emoloyses, as needed, during the cc'.rse i VI. CITY OF DENTON SUPPLY i. ?eor~;sentat~',e :c :~o:•~+nate aa~n:; ',a':,. ._!t a':__ . _ntAini-ert art diSzcsal c- _ieanln? w.StS -0-- :t: t~ ts-c:rary :on ect! -ns t : --c 1 le:-. CG'le' Ala wa'4r ^I'+'^7 _^e _ _ _ _ _ a. Y 11P 77,qww~ 1 Y. INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the -other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted woik and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting ary construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of- the project should be indicated, and the City of Denton should also 1 I be listed on all policies as an additional named insured. . To avoid any undue delays, it is worth reiterating that: I o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall pr.)tect the Contractor against all claims j under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of ` the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHEIISIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - I To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclus:.on relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.~,O IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed. arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts i of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500.000.00 INSURANCE SUKMARY: I The Contract -shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notict of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 1 City of Denton Reference: Name and Andress of Agency Project Name: _ project No: + Project Location: Phone Managing Dept: _ -CO-ga^{es Affording Coverage: Namr and Address of insured: A B• I) Pollcles of insarance listed below haw been Issued a of Liability this t sse. as an additional Insured as to all applicable coverage This Is to certify that: l ted 2) TM City of Denton Is . Expiration Limits In T ornpa^y Pot it Nwbcr ace a` miter T e of In uranc+ Caigrehensive General Liability Bodily Injury = - occurrence S - Claims Made (see 14-Page CI-4) Property Damage Broad force to InclUdI I and Property - ndeeiQMden Contractors Contacoper rac operations oily Injury a S ~ - Picts/Coe4leted Ope combined - Personal Injury CI-4) Cointractual - III aMIC°Ilap esHazardP Underground Hazard - liquor Liability Coverage C1-4) - fire Legal Liability (see /S-Page + Broad forts Property Oasage Professiona~/Onissions - occurrence C1-4) - Claims made (see s4-Page ~ Bodily in]wrlf/Person ive Automobile Bod11y In ury/Accident Property Dalaage S - Liability 0110wineased Automobiles - III juryrty S DIMW mired Automobiles Statutory Amt workers' lotion and fa EPI Liability --rte S owners' Protective Liability other insurance - material change i^ coversge. ~esc of Oileratlem /LOCatians/Wthicles. renewal, or Each h Policy shall require thirty (30) days notice of cancellation, (SN s2, Page CI-4). Noma and address of Certificate Noider• TEXAS I N CITY OF oENT011, VIASING AGE 9,01-B TEXAS S NT UEN108, TEXAS 16201 SEE OFFINIIInfiS ON PACE Cl 1 AiTACIfEU. i f DEFINITIO14S 1. ADDI'T'IONAL INSURED: The City of Denton, its elected and appointed ofticials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that, thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this ! Certificate of Insurance under Comprehensive General ff Liability, must include a definition of coverage broad enough to provide coverage for, obligations assumed by the ~ contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous 1 coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended ` discovery period for a minimum of five (5) years which 1[ shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteratior of City-owned or leased facilities.) Insurance is to lover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. b. OWNER: The term owner shall include all authorities; boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, Employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 f ~ 11 . ~ 1 HIGHLANDS INSURANCE COMPANY HIGHLANDS UNDERWRITERS INSURANCE COMPANY HIGHLANDS CASUALTY COMPANY 60O.CFFERSON STREET HOUSTON. TEXAS 77002 CERTIFICATE OF INSURANCE NAME AND ADDRESS OF CERTIPPCATE HOLDER NAME AND ADDRESS OF rNSUAEO HALUSURTON INDUSTRIAL SERVICES, CITY OF 110n%x, TEIiAS A Division of Heiliburton Services, Purcha-ving Division A Division of Halllburton Company 901-B Texas Street 11767 Katy Freeway, Suite 660 Denton, Texas 76201 Houston, TX 77079 Attention: tielaaie Harden, Buyer Re: Contract Apreeaent L dated Septeabsr 3. 1991 This is to certify that the Policies of insurance described below have been issued to the insured for wham this ceniftats is executed and are in force 9 this time. In the event of canceltafion or material change in a policy affecting the cart hca:s hr4dw,, 30 days prior written notice will be given to the certificate holder This certificate of insurance neither affirmatively nor negatively amends, extends, or alters the coverage afforded by poticres shown below. POLICY Or r' RAQF EXTa-EfIS pM3 POLICY NUMKA EFFECTIVE EXPIRATION LIMITS OF LIABILITY YVorkers' Lorr,* lutfon and RHC 19 76 05 01!01/91 Until Cancr led Employers' Li.:Wity j Operations in all states except RWC 19 76 06 01/01/91 Until Cancelled iL, KS. Ul li NM, OK, Workers' Co+r~p -Statutory as the insured Ir an (1) approved self-tnsurer. The Insured Is "(4nsured as respects USLEH, OCSLA Empk>yers' LlabiHt i and Maritime a ment. 52,000,000 per occurrence Comp. Ge.T. Liability Operations in an stela PremisesOperations Bodily Injury & Property Damage Contractors' Protective (2) RAO 10 06 46 01MV91 UntaCancelted operations Limit per occ erpd Blanket ConV uai a Broad Form XC3U Hazards ~ty Damage f Nonownad watercraft Protection b Indemnity AN owned watercraft "In Rem" andorsemenl (3) RAO 10 06 46 01101191 Until CancelledBodily Injury 3 m ned Damage operty Exctudes crew/employeas , 000,000, Com bined Single No ' tional limit Llmrt per occurrence Comp. Auto LtabHity RAT 10 02 30 01/01/91 Until Cancelled Bodily Injury ' 8 Pr Operations In an states (4) b 000 operty Damage nb1ned All owned; non-owned; RAA 77 15 23 01101!91 Urail Cancelled' Cor Singla hived vehicles per occurrence REMARKS: The lishility policies described above include certificate holder as an additional insured but only with respect to and to the extent of the liabilities of HALLIBURTON under contract with the certificate holder. Date of Issue dre Au'horized Representative ao-~ux, 11 HMERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE.2411IT \ j NEI DECLP RATIONS Renewal of Number HIGHLANDS INSURANCE COMPANY PolkyNo. ADC 10 03 88 HOUSTON, TEXAS Named mired and Mailing Address ft. Shat T,., ,Ir ay, c..Ir, SI,h, r1 cmd CITY OF D>NTON TEXAS 801-B TEXAS DEMON, TEXAS 76201 COMPLAINT NOTICZ-Tc::AS Pony Period ;From 10/22/81 to 10/1 SHOULD ANY DISPUTE ARISE AEGIJ i tt'. PREMIUM OR ABOUTA CLAIM THAT',01J ii;U addressstxmnabove. FILED, WRITE TO THE COMPANY 7:-',AT;,. Ja~ IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND S THE POLICY, BOND OR CERTIFiCATF. iF ; hE YOU TO PROVIDE THE INSURANCE AS STATED IN THIS P PROBLEM IS NOT RESOLVED, YOU :aA .+LS WRITE THE STATE BOARD OF :NSLR;i !C3, DESIGNATION OF CONTRACTOR BOX 149091, AUSTIN, TEXAS 737'_ , C?_, Desi"ion of Conraaor and Mairvlg Address (512) 475-1771. THIS NOTICE ) + •;:i 6i HALLIUWON INDUSTRIAL SERVICE'S, DIV. PROCEDURE IS FOR INFOR;a:,T:C',N •i r_ i P.O. DRAWER 1431 DOES NOT BECOME APART OR t,CNCi+:C0 MAICAN, WaAHOMA 73538-0120 THIS POLICY, BOND OR C2 RTic~C.',T LOCATION OF COVERED OPERATIONS uc 101 ;INSCIRM PRINTING I SUPTU, rvc. DENTON, TEXAS - INDUSTRIAL CLEANINO I ' LIMITS OF INSURANCE i Aggregate Limit f 600,000. Euh0canonce Lirr9 f 500,000. BUSINESS DESCRIPTION Form of Business: ❑ Mviduaf ❑ Join venture ❑ Paruvrstip I& Organization (0ow titan Partnenstip or joint Venue) Business Desaiptim PREMIUM 1 Rats per Ctassirevion Code No. Premium Basis f 1,000 of cost Advarre Premiurn CONSTRUCTION OPERATIONS 18282 28,885 FLAf f 500. MP OWNERS (NOT RAILROADS) t EXCLUDINO OPERATIONS ON BOARD SHIPS (335-999) To(ai Advance Premkim f 500. MP PremiLrn shown is payable: f at inception= 1st Amvefsary;f 2nd Arlnversary FORMS A11) ENDORSEMENTS Forms and Endorsemans aptly og to ttis Coverage Part and made part of the policy at time or issue: CO 00 08 CL 177 111-85), CI) 25 03 (11-85), CO 26 04 (11-85), CO 28 55 (11-87), CO 28 24C (11-85), NO. 1 Comei4r*c: C049 BY A&ff46d Ragowtat" 10/15/91 1Nrtt prC1AlNnma AND TN1 cONAON rain NUARA1W113, IF APINKAtt, 10611AF! 1t11N TN1 cO&M Pa1n 0"101 c11aRA6( MAD AND FM AIR DCORSMNIS, IF A*. ISM$ 10 FORA A PART TNEItri, CO.ftE1r TIE AJM WA LItt1 PLAT. tarAdet 4W1j11t11 MaiM 11 1100ar1 34FOM GKtQ In, .4 AS rtr.itNM. rW4K lwrttt! Sa,;te1 01WL Nn, 1961 I .fit 190-dc XL 190 (n-t) CU. HIS 1j Y I 1 CONTRACT AGREEMENT I STATE OF TEXAS COUNTY OF TEXAS THIS AGREEMENT, made and entered into this 11 day of DECE"ER A.D., 19 0j by and between F CITY O DENTOS of the county of DENTON and State of Texas, acting through LLOYD Y. HARRELL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and ~ ISUMVAAg MK CO., 2218 FORT WORTH DQTVF ngwraK TEXAS 7h70.5 I of the City of DENTON . County of QFi'r and State of TEXAS , hereinafter termed 'CONTRACTOR.' J WITNESSETH: That for and in consideration of the payments and agreeoents hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below ! DID /1173 EVERS PARR EAC---iF r '.C.NC IN OF 122-569-nn- and all extra work In connection therewith, under the terms as stated in the General Conditions of the agreements and at his for their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, I superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and In accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and-the-Perfenmaeee--a"-.p+YmeAt--Buads-, ail attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 01148 thereoEr and the s and printed or written explanatory matter other drawing as prepared by Specifications therefore, r jw~ CITY UP ~ gt7GIl1EE T evidence and which are made a part bereoE and collectively all of cons the entire contract. Inds ndent Status City and agreed by and between it is mutually understood and for the independent contractor and Teshall xas,, not Contractor is an iepe th• City of Denton,, cation contractor that ot considered an employ' taxes,, va or sick social security employee benefits erred to be purposes o! income tax,, , eomPeza withholding,, tionr or any other City employee of control of Contractor or any leave f not,, have supervision and contractor shall perform t worker s he its City sha hall not t enaral Texas,, or at his the qdesignee Contractors and it is express to the understood attached that specific according services hereunder of the City of Denton? t direction of the City !lanage eat. under this a9Leen l 0ifi j to or indemnify and liability of hold ha any rmkind F mss loses Contractor shall and ae allle adamaggsee ,,eons occasioned by any of Denton from any s ro rty or third pejury agents, the City by reason of 1 en to P Contractors its ly eliabler with wtsatsf Omision lint act of it is legal or ne9 g ,,sons for whom at its cost error,, invitees,, and other Pe and Contractor Wills~d all such regard es rformance of this Agreement,, ainst any regard to the defend and protect the City of Denton ag and expense,, claims and deswnba. Choice Vaaue of Law and governed by the law of the state of Texas and venue for This agreement shall and enforcement shall lie in the courts of DeUton its construction an County,, Texas. s to camerl work on or after the date The COWMAC OR hereby agree shed writte v n°ti Itaubject~o for the start of work as set f stated in the o~ wotrk abl_ sad complete a Gal and Special Conditions* woll work within the tiM as are provided by the rice or such Fxtendons Of time ~.MACTOR in current tundcon~tact, such The CWM agrees to Pay the CO. a part of this prices shown in the Proposal,, which Eor*a Payments to be subject to the General and Special Conditions of the Contract. I wyAe CA-2 01148 1 IN WITNESS WHEREOF the parties Of these agreement in the year and day first above written. presents have executed this ATTEST: OWNER -tit m t ~A- By 1~y (SEAL) ATTEST: HURRICANE PENH COMPANY OONTRACTpR Title ~ ~ (SEAL) VED FORA: Attorne i I L r I i CA-3 01148 1 INSURANCE MINIMUM REQUIREMENTS 'INSURANCE: Without limiting any of the -other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction 'work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of- the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. . To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given: o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's ~ compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory j II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500400.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 J To the extent the Contractor's work, or work under ions, his direction, may require blasting, explosive underground operations, the comprehensive general liability \ coverage shall contain no exclusion relative to blasting, exf:osion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500.000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed. arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $5401000.0U~. 1 INSURANCE SUMMARY: insurance to cover in operationla dhdurinq The durinContract iod provide 9 the per testing, and until such time as the facilities are completed an accepted for operation by the Owner and written notice of that fact has been issued by the ayn~elieveporvdecreaseethesliability the Owner shall not in any ny w of the Contractor here wa represent that expresthsly under specifieddlimitstof er. it is owner does not in any way liability or coverage or policy fo::,'• are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given acerttific tthe fapinsurance indicating that all of the above poli limits are indeed enforced. The certificate shall also indicate that the owner will be given at least thirty (30) days written notice of cancellation, non-r ne a or responsiiaterial fchanP of toe any required sums rinsesurultianceng from nY deductible rrovisions, corridor or melt-insured retention cohditions of tto Poli,, -y or policies shall remain with the Contractor. The Con~Lactor shall not begin any so Owner reviewed w Contractor pdirectlyh iniwriting. work until certificates the Any notice to proceed that is issued shall be subject to such approval by the Owner. . I CI - 2 i i 1 To the extent the contractor's work, or work under his direction, may require blasting, explosive conditions, or j underground operations, the comprehensive general liability 1 coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less that:: o A combined single limit of $500.000.00 r IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the owner and its employees, in the name of the City of Denton, for liability that may be imposed. arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the , benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00 INSURANCE SUMMARY: i 1 The Contract 'shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval der of the t ins race y the Owner shall not in any way relieve or of the Contractor hereunder. represent expressly the specifieddlimits tof Owner does not in any y way repr suffici ent toaprotectothe ointerest orp liabilities ofethe Cont acto or adequate Again, the Owner shofl the be given a above policiesifandtthe fappropc ate of indicating that all limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of r or any sums resulting from any deductible provisions,, s,, corn sd shall self-insured W antion conditions of the policy o polici remain with thf.. Contractor. The Contractor shall not begin any work until thn Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 ,Name and Address of Agency City of Denton Reference: Project Rams: Project No: Phone Project Location: Flaeaging Dept: _ Maros and Address of Insured: Companies Affording Coverage: A B Phone C This is to certify that: 11 Policies of insurance listed bellow have beet! lsswd and am iR fora at this time' 2) The City of Denton is listed as an additlo"I insured as to all applicable coverage. Expiration Limitts of Llability .eanY Type of insurance Po'i Number Date In (000) Occurrence Ca prohensive General Liability S - Occurrence Bodily injury Claim Made (see e1-Page CI-4) Broad Fors to Include: Property Damage S - Premises/operations S - I Contri-tual n uctscnt Contractors i I~ry nand Property i hod - Products/Congletcd Operations - Ptrsonal injury f - Explosion and Coil Wes Hazard age CI-11 undergroune Hazard _ Liquor Liabo,lt Coverage - Fire legal Liability (see all-Page CI-1) - Sroad Fors Property Oam"t - Professional Errors/omissions I - occurrence CI-4) - claim made (see a4-Page 111 Cprpr*MnsIto AntomobIIo bodily to ry/Penom f Liability Bodily ta1ury/Accident I OWNWLeased Automobiles Property Damage S _ - Hred-mwdAuto obiles Bodily " IAe ty S Statrtory Amowt J -Corkers' 'Li ability and Epp" ity f Owners' Protective Liability other tnsurance Description of operations/Locatlons/Vehlclas EacA policy shall require thirty (30) Cats ~tice of cancellation, non-renwal, or material c?n+sgm in coverage. (See 02, page Ct-4)• Marne and address of Certificate Folder. CITY OF IMGM TEXAS AGEMi TEXAS ST. UNION, TEXAS 16201 SEE 0EFIMIIIOMS OM GAGE CI 4 Ai1AgIED. CI - 3 ,A 1; i I Y W Room i DEFINITIOt7S 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) i 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or ' agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this , Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor 'in the referenced contract. This Certificate of insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the iife of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 2651L-3/3689 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITL,RE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated j competitive bids for the construction of public works or improvements in accordance with the procedures of state law and ' City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals i and plans and specifications therefore; NOW, THEREFORE, l THE COLNCIL OF THE CITY OF DENTON HEREBY ORDAINS: If SECTION I. That the following competitive bids for the i cons truco public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR IA0LIVT 1173 s MRIEW PENCE Co. jaa,sag_nn t SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice t to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notifi- cation of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public works or improvements in accordance with the'bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposala, and documents relating thereto specifying the :erns, conditions, plans and specifications, standards, quantities cad specified sums contained therein. SECTION IV. That upon acceptance and approval of the above compet t ve s and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immea ate y upon its passage and approval. PASSED AND APPROVED this the day of 1990. { BOB CASTLEBERRY, MAYOR ATTEST : APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 a DATE: December 11, 1990 1 CITY COUNCIL REPORT TO: Mayor and Members of the City Council' FROM: Lloyd V. Harrell, City Manager I SUBJECT: BID 01173 EVERS PARK BACKSTOP FENCING i RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Hurricane Peace Co. in the amount of 4 $22,569.00. SUMMARY: This bid is for the construction of backstop fencing, dugouts. benches and concrete drag beau for vhrae ball fields. These items are improvements to the Evers Park recreation facilities. The backstop fencing will vary from 15' high behind home plate to.10' to 8' high along the bases and dugouts to 5' high into the outfield area. The dugouts are 7':20' behind 8' fences and include 16' benches. All fencing is cbaialink and all post are to be not in concrete. BACKGROUND: Tabulation sheet. PROGRAMS. DEPARTMENT OR GROUPS AFFECTEDt Parks 6 recreation department and the citizens that utilise Evers Park. FISCAL IMPACT: Thin bid will be funded from Bond funds for Park Construction acct. #436-031-G088-8812-9101. Respectfully submitted: I Lloyd V. Harrell City Manager. A proved: Names Ton D. Shaw. C.P.M. Title: Purchasing Agent TS/jh 089.DOC 1 - 1~ BID # 1173 I I I I I I I I I BID NAME EVERS PARK BACKSTOP FENCEIHURRICANE FENCEI CLAY CONST. I ! CO. I CO. INC. 1 I I ! OPEN DATE NOVEMBER 20, 1990 I I I I I I I I ! ACCOUNT # I I I I I # J QTi I ITEM DESCRIPTION I VENDOR I VENDOR I J I ! I CONSTRUCTION OF FENCE I I I J BENCHES 6 CONCRETE I I I I DRAG BBAM I I ! f I I 1 f I ! I LUMP SUM I $22.569.000 1 $27,500.000 I I I I I I I ADDENDUM 1 I YES I I I I 1 1 I , I J ( BID BOND I YF.S f YES I j ! I I I I I TIME TO COMPLETE I 28 DAYS I ! I I I I I ,I I ! I ~ ~ I I I ! I f I ~ I f I I [ I I I I ! I E ' I ! r I I ' ~ r r f I I , I i I j ~ I I I I I I I I I Mama and Address of Agency City of Denton Reference: Rarue>- King $ Minnis Project Name: Evers Park Backstop 707 First State Bank Bldg. Project No: Hid 1173 Denton, Tx. 76201 Pone 382-9691 Project Location: Denton. Texas Managing Dept: game and Address of Insured: Coaganies Affording Coverage: lIurricane Fence Corwny A I10u5ton General 2218 Ft. Worth Drive 8 USFfC Denton, Tx. 76201 phom 387-1718 C This is to certify that: 1) Policies of insurance listed below have been Issued and are in force at this tie 2; TMe City of Denton is listed as an additional Insured as to all applicable coverage. a :oVany Explratlon Limits of Liability etter type of Insurance Policy Humber Date In Thousands 000 A Camrehensive General Liability DIPL937072S 2/1/91 Occurrer - Occurrence - Claiou Made (see 94-Page CI-4) Bodily Injury = Broad Form to Include: Property Oamage Z - Premises/operations - Independent Contractors - Products/Cpvlettd Operations Bodily injury and Property - Personal injury Damage Comb ened 119000 - Contractual Liabi(ity(see 83-Page CI4) - Explosion and Collapse Hazard - Onderground Hazard - Liquor L(abii(tII Coverage Broad Foorrml LPropertyY 10 95-Page C1-1) - Professional Error%/Osiss Ions - occurrence - claims made (see 94-Page C14) A Cagrebmlve Automobile Bodily In4ury/Person Liability 5AU179357974 211191 Bodily Injury/Accident - Owned/Leased Aatoeob(les Property Damage = - Non-owned Automobiles _ - Hired Automobiles Bodily Injury/Property Diane" Coeb1ned 1 00 f - Workers' Coepen~atiar and Itatetory Aeount EVloyersI Liability a a B - Owners' Protective Liability Binder 12/26/91 500 Other Insurance Description of Operations/Locations/vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change In coverage. (See 82, Page CI4). Naar and address of Certificate Holder. Duce r 26, 1990 CITY OF DENTON, TEXAS MACIIASIND AGENT d 901-8 TEXAS ST. AuliRMIZED A OENIOM, TEXAS 76201 SEE DEFIMITlrkls UN PAGE CI 4 AiTAUlEU. + C l - 3 t r- - - - - r------ 1 DINTOM. TEA4S PHONE 367 1710' a`~►};~..~ ~rrlrl ARIA CODE 917 .r HURRICANE Foote Cer,pre7 ` 2218 FT. WORTH DRIVE pDl.lGU~l~+~ j X I , 7h I T l •i t,4tilltlftrll'IJ'"al Ip:t. 17 ii EtLU=f_ CKCr"PI xllO`i (f his Cerw-mille of Insurance neither :rrfurtlatival~ not nagetivoty oPe11Y Ono Co:uoAy COrr>VtP. 2 amends, extends or aturs the coverage. limits, turns or condltion♦ of the pow*$ it E"ri a to s.l 1-14-91 tlg This is to Certify to COMPAHYCOOES Attn: Melanie Hardin CIGNA WSuRANCECOAWAUY City of Denton (Purchasing) L]CIGNAtNS.CO.OFTEXAS 901-B Texas 'qtrt:et L~ Denton, TX 76201 PACIFiCEMPLOYERSUiS.CO. L I NSLMA.W C01r PANY J Of NOATHAMEAICA that the re'llowine desebsy policy Orpolko". iuusd by The Company ® QGVAINS. CO.Of fLLN101S ' txor;Q,ne inswanee only for hatards chec1ked by "X" Dt kw have been tltu~~ belcw, 8n 1Q Te:mpporpr es, Inc.1Cic>KAwS,co.OFOwO "OR 50S rra>z a cotes ervicea, Inc. cF 2219 outh Loop 258, Suite 207 ❑}OTHEA;_'SpECWY) tMSUAEO Denton, TX 76205 r„ i GuM iN in aow.dance with the toms thereof, at the folrowiry lo'Cetionls): Texas TYPE OF POLtCy CODE POLICY NVkttt£n I'OLiCY PERIOD ur~tTSOP wlor rWU r (a) Standatl lyorkrreea's a Conilaaayoa 8 Ullpry .c. Employers'Lisbdity ❑ © TAC565751 7-23-40/91 =500,000 One Ae<omtand (b GosmrW Liability Aas•as+le D,tea e Premises--optrAtim (Intlu,"'In• ❑ e4en:M Contracts', a defined belowl 0 i Each Person I~ tndel,e ndsnl CdnVKtori ❑ ❑ _ ❑ Accident ❑ occurranct r Cortpiated Oparations/Prosewt, ❑ ❑ Con1twuM. 13oecific type as _described in footnote balowl _ ` _ .-q._ _ •Ao spat,-C"reted PremiaM-'Jper.fiaq llncfVdirp s .~e~atranlr'roa+.tn 'Inciclertuil Contracts" at delinsO ❑ ACC,.f..:r All ❑ : Each } E IndepeWent Conuactaa ❑ U ' a Apprtsau,/.ant/Char, ' j Corttphtad OperatibnsRroduen ❑ ❑ ! Asytyart-P4:lecr~,-r le Le i CanVaclual. ISpeciric fypl al = oApTtabon t;n clWc ca described in footnote bNOw) perlions/Pr ttodutU I~ (t) Astwolle Liablity = MereNt.-Con liacrYel ' Owned AAo Wncbird o j~ Hotel AYtorrwbiks EacA person -I Morlvwnd Autcenabilts Each S{ CI Aet-0tnt tavneQ Au Ialtebi tae ~ t i Mired AYlanobiMe Yadl f I❑Accident I NOnownedAYlargbilel a ff ❑ocew"e1Ke d)luasaAisired Risk Pool ther tatea Endorsement 1 Included. S a endorsement or Only Texas WC benefits ap ly, ."UkILal Feoleale: Svbiect to all Inc policy Items aporicuble, spec.fie contractual c2ve"21 is provided as Mcpecll It h the inlenlb of IM c.> Pn y t~a1 ' eYteeet ❑ a cool'sct in fnl~notyrrt7ty~t at otneenallen of pplieeYil "chase order r the "kv H polkas by the company, tidtAAl Oayi written notice y~ sp NmanIs betrieen the Inured end; *1 0"), canes Nat.oel w:U W sock u all tontr►tlt 0;v" to Yov at the Poorest stated aoora. NAM& OF OTHER PARITY 04TC In aporrnaLl CON rJ1ACT NO. illenyl S AI>?I N IO aoaJ Hurricane Fence Company 2,218 Fort Worth Dr.' Denton, TX 76205 (ialhem; "I ncldenl 4 tonlrael" means Anv ew et men It! Hare e1 pram,ttt f71 easement aerMme nl t.r pt in connection with coosuvttOn or dHnotitkm lions On or WWRAt to A railroa0, (3) vnderiskina to indemnify a manic'etsmi snlte r rMn' the mun coal ry..4) lidetrack asretmtm, Or IS) elevator maAltnenee ay y eVUifed yy ipal a care t i eonneclwn w+M work rot 4Lf , `~(t JJ 131% PW, in V. 3. A. Aut aired Heprnenla lire ` 1, ORIGINAL I 1 1 CONTRACT AGREEMENT STATE OF TLXAS 1( COUNTY OP DENTOii 1( THIS AGREEMENT, made and entered into this 5 day of FEBRUARY A.D., 19_ LF by and between THE CITY OF DENYOii of the County of nQ=H and State of Texas, acting tbrough LLOYD V pnssv;-r- thereunto duly aithorized so to do, hereinafter termed 'OWNER,' and i J-N on 100 CO. - Inc. . 1113 fu j RIB - _ 75081sc30 i of the city of B tHaQnsnx_ , County of Ba*-t!R 1 and state of TELA.S , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Purchasing Order 07 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper t; cost and ' expense to furnish all materials, supplies, machinery, e4 pea toolar superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the proposal attached beretos and in accordance with all the General Conditions of the Agreement, the Special Conditional the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and tha performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 01148 1 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by MIX nF nfsrnIM e*GIxF-ELtW srarv all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status it is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of 7enton, Texas, for the i purposes of income Lax, withholding, social security taxes, vacation or sick y leave benefits, worker's compensation, or any other City employee benefit. + City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Kanager of the City of Denton, Texas, or his designee under this agreement. Indemnification l Contractor shall and does hereby agree to indemnify and hold harmless r the City of Denton from any and all damages# loss, or lirbility of any kind ` whatsoever, by reason of injury to.prnperty or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such ` claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as not forth in written notice to commenc3 work and complete all work within the time stated in the proposal, subject to such extensions of time as are provided by the General and Special Conditionu. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown i Proposal,, the tContract. to be subject totheGeneral which h and forms a Special pConditio a this CA-2 01148 1 T IN WITNESS WHEREOF, the Parties of these presents have executed this agreement in the year and day first above mitten. ATTESTS CITY OF D CTOM 8 ~ 5ER (SEAL) 1 I ATTEST: OMS CoM CON TOR I BY j I T t e (SEAL) I; APPROVED AS TO PC": C Attarney CA-3 0114s 1 PERFORIANCE BOND STATE OF TEAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That J-N CONSTRUCTION , of the City of DENTON County of DENIM , and State of TEIA.S as PRINCIPAL, and UNION MUTUAL INSURANCE. COMPANY OF PROVIDENCE as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OMttER, in the penal sum of FM HUNDMM SI31T THREE THOUSAND FOM HUNDRED TWENTY sri Imn 11/taan_-- Dollars (a Ra,4ga_ii ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWER, dated the S day of MIMY , 19 91 , for the construction of SID 01195- VI"M SPRING DRAINAGE IS In MI00>rt OF $463,426, 11 Purchasing Order #12076 which contract is hereby referred to and made a dpert hereof as fully and to the same extent as if copied at length herein. NOWO THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Priacipal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 V PROVIDED, HOWEVER, that this bond is executed pursuant to the 1 provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein, PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the sage, shall in anywise affect its obligation on this bond, and it does hereby w waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOe, the said Principal and Surety signed and sealed this instrument this 6 day of February., CoV5j-, Cst union Mutual Insurance Surety j Principal By Title Resident Agent Title Address Address 1702 N. Collins, 1219 Richardson Texas 75080 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: ARD•KNOX INSURANCE, INC. RICHARDSON. TEXAS 75080 NOTE: Date of Bond must not be prior to data of Contract. P B-2 0091b I` 1 L - - - v -s L r- 1W 1 I PAYRENT BOND STATE OF TEXAS X COUNTY OF n12 t'AN ) ( KNOW ALL nN BY THESE PRESENTS: That J-X CONSTRUCTION of the City of TE=AS , as principal, and and State of - County of DA 1.1115 UNION MUTUAL INSURA CE OF PROVIDENCE authorized under the laws of the State of Texas to act as surety on bands for bound unto TEE CITY OF DFIITON principals, are held and firmly OWNER, in the penal sum of FOUR HUNDRED SITTT THM FOUR Dollars (S acz dZa_I1 1 HUNDRID TIfEN'YY SII AND i L 1 or the payment whereof, the said Principal and Surety bind themselves and their f + heirs, administrators, executors, successors and assigns, jointly and severally, by i them presents: 91 contract WHEREAS, the Principal has entered into a certain written with the Owner, dated the 5 day of FEERUART 19 I to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOVO THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH9 that if the ' said Principal shall pay all claimants supplying labor and material to his or a work thisoobligation shtall beovoid, otherwise to emainYinefullrforce sand effect contract, then PROVIDED, HOWEVER, that this bond is executed pursuant, to the provisions of Article 5160 of the revised Civil Statutes of gl xa is s amendedenytthe acts of the 56th Legislature, Regular Session, herein provisions of said Article to the same shall be determined i were copied accordance with bond extent at length PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work perforated thereunders or the plans, specifications or drawings accoopanyiag the sane, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS 1HDMF, the said principal and Surety have signed and sealed this instrument this b _ day of _ February , 1991 r d Union Mutual Insurance Principal Surety I gy 'U ;2z Title Resident Agent Title ~ Address Address 1702 N. Collins, #219 Richardson , texas 75080 C (SEAL) (SEAL) L I The name and address of the Resident Agent of Surety Is: ARD-KNOX INSJRANCE. NC. RICHARDSON. TEXAS 750E0 PE-4 d09Zb Y !'11INTEMYCE EVID STATE CF TEXAS X COCTTY OF DDITM i KNOW ALL nN by THESE PRESENTS: THAT J_N CONSTRUCTION as principals and ' a Corporation autWo-H-t-e-if to o business in the State o I eras, as urety, o ereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum We Fort -six Thousand Three Hundred Forty-two and 61/100----- Doll-►rs 46 342.61 , o the tote amount of t e contract for t e payment of whit sum said principal and surety do hereby bind themselves, their successors and &assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said -K has this day entered into a written contract wit t e sai City o Denton to ui d and construct BID 11165-WLLOW SPIT DRAIMAGE which contract as the plans and aptei ications t craft mentioned, adopts by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporstd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plaza, specifications, and contract, it is provided that the Contractor vill maintain and keep in good repair the work therein contracted to to done said performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfiliing that nay become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing > the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, tecor-'ruct or maintain said improvements it is agreed that the City may do said wrck to accordance with said coetract and supply such materials and charge the same , -.cat the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. ra-1 0O95b NOW, THEREFORE, if tFe said Contractor shall Perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said vork shall continue throughout said maintenance period, and the sine shall not be changed, diminished, or in any manner affected from any cause during aid time. IN WITNESS VHEREOF the said J-Y Construction Company, Inc. as Contractor an Principal, has caul these presents to ex-e-cu-te-& by Gene Jackson, president and the said Union Mutual Insurance Corn an as Surety, has caused ese presents to executed y its Attorney-in-Fact and the said Attorney-in-Fact has hereunto set is and t s 6 day o February 19 91 . c SURETY: PRINCIPAL: ~ J-' Construction G~ ~G i Union Mutual DYm D T Attorney-in- act s I i HD-2 0093b 1 Employers N1uttia! Companies No 008250 V O, BoK 712 Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. please review carefully. \ KNOW ALL MEN BY THESE PRESENTS, that: Iilinols Emcasco Insurance Company. an Illinois Corporation Employers Mutual Casualty Company, an lows Corporation Dakota Fin Insurance Company, a North Dakota Corporation Insurance Company, an Iowa t vide rce, American liberty Insurance Company. an Alabama Corporation Erricasco Ur4on Mutual Insurance Company of P , nanorporat Rhode Island Corporation on a 1 hereinafter referred to severally as "Company" and collectively as' Companies", each does, CY these presents. make, constitute arid appoint JAMES E. ARD, D. WAYNE AR), INDIVIDUALLY, RICHARDSCN, TEXAS---------------------------- as true and lawful attorney in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows IN AN AMOUNC -($1,000,000.t')D} NOT pCCE~;DINGOtt fSILLIt:N DOLLARS------------------------- and to bind each Company thereby as fully and to the same extent as if such insttr t$ were at fled andthe dulmed thorized officers of each such 1 conf Company, and all of the acts of said avorney pursuant to the authority hereby given are herebv The wihority hereby granted shall expire . APr}4-,3993-- unless sooner revoked AUTHORITY FOR POWER OF ATTORNEY This Power-ol Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors d each of the Companes at meetings duly called and held on March 9, 1983. eve have RESOLVED: The Chairman dthe -fact and authorize therm President, to execute on behalf of the Company arnd attach the seatl of the Compannythere to, bonds ity to (1) appoint attorneys- n in the nature thereof, and 12) to remove any such fronds and undertakings, reevokes, contracts of indemnity and dixr writings obf faoct shaft have power and authority, subject to the term% aria neyati act at any time and r revoke the Dower and authority given to him. Attorneys-nthe Co and limitations of the power of attorney issued to them, to execute and deliver on behatl of the Company snde+nature thered~and any south 1 thereto, fronds and undertakings, recognizances, contracts of indemnity and other writings obligatory in instrument executed by any such attorney-in-tacl shall be fully and in all respects binding upon the Company. Certification as to the validity d any { power of attorney authorized herein made by an officer d Employers Mutual Casuarty Company shah be fully and in all respects binding upon this appearing upon a same and tympany. The facsimile or mechanically reproduced signature of such officer, whether made heielo r ~ hereafter, after, thwhe ere ever as though certified copy of any power-0f-attorney of the Company. shall be valid and binding upon the Company manualty alfixad e r Chairman and Assistant Secretary, and tot IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by t19-,90-. Corporate seals to be hereto affixed this - :Iit day of Febi~J' WARNING: This PyMar irwafd H red diagonal Imprint "Employers Mutual C nki" snot preaenl In its entirety. and if the signatures of not appear in blue, and if the "EMC" w does 1 appear In the top half _center of the page.J/J~ I tot officers an6 notary prubfiC do Seals / r ,.•S~p~u.SU,`•., ~aSUeatice CO,% 0~e'.y~~M1S.~~y-• Robb ChairB.maKn elleyn M. Van Sloury er • c~r••. 05 `~a,=•,;4 F? Assistant Secrete ;'~J ' ~'0'~r . • ~ c: AD fore 5 S~=r1863~3o'F•~. 1953 o: $EAL qZS ei <; on this -dayd Ify appeared Robb B.. i i e: ~r me a Notary Public in and for Polk County, lows, a that the ~i °~..,..a'' • ;'4 ,a ` .iptir,p~Sa,. ',rR~r,a,,• Kelley and John M. VanStoun, who being Iry me duly sworn, did aaY they • I „ ' enrol are known to me to be the Chairman and Assistant Secretary, spectively, of each of The Conpanies above: that the seals affixed to this ,•'uR;'t"•o,, •.`;hgpa,y'•, o`'~tyvtua; ' are, ~•,'~MSp uny~FO Pl a.,n.,,, ce•%a QS, Wngr~fJ,% cfo;,• e`.~°ra~•rrirs eor~•~.••~~%5 andrseeedonbehalfof eac of TheCoampaniesbyauhord s4ned • - ? S a : SEAL 3 a? 5 s SEAL Boards of Directors; and that the Said Robb B. Kelley and John M. Van Sbun ;SEAL acknowledge the execution of said instrument to be the voluntary act and deed n,,... . s;~,. ~ot~'• bci41:5 ,0`~ of each of The Companies. O rDVr 'tor nrr..a••`• CtObez 2 1992 . .,•'P My Commission Expires Ott KRtST1E L > Notary Public 6f CERTIFICATE 1, Richard E. Haskins of the Employers Mutu31 Casuahy Company, do hereby comfy that the foregoing resolution of the Boards of Directors try each of The Companies. and this Power of Attorney issued pursuant thereto on - r are true behalf of and c9Q'9 Are A tulnfkcNYX~fAnd ar o S1Rtt1 _ In Testimony Whxeof I have subscribed my name and affixed the facsimile seal of each Company this day of x Y.ce-ResidtrK form 7972 Far" peprrt a . ,1 INSURANCE MINIMUM RE UIREMENTS INSURE I imiting any of the -other obligations or liabilities of Without the Contractor, the contractor shall provide and maintain until red Owne , the ompnimumd/insurance the contracted work material has and accepted by coverage as indicated hereinafter. 1 cbe filed onstruction with work Satisfactory certificate(s) of insurance shall Purchasing Department prior to starting any or activities to deliver material on this onus et•written certificate(s) shall state that thirty (30) days advanc policy covered notice will be given to the owner before the Cityumb and title of .the bid num eany r an n should also thereby is changed or cancelled. project should be indicated, and ` be listed on all polici~sig Wo[th reitetatingnthat; Insured. . To undue delays, avoid any r ~ o Thirty (30) days advance written notice of material change or cancellation be an additional named insured on of o The City ty all policies. 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIA tLITY claims insurance shall protect the Contractoragains all ion laws. The under applicable state workmen's comp ensatainio claims for Contractor shall also be protected ag for any injury, disease, or death of employees which, reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory This insurance shall II. COMPREHENSIVE AUTOMOBILE LIABILITY. be written in comprehensive form and al top a mbera toe Contractor against all claims for injuries the public and damage to property of others arising from , nonowned,corshired. highway use ownedvehicles whetherethey aremotor The liability limits shall not be less than: o A combined single limit of $500 000.00 . This insurance shall be III. COMPREHENSIVE GENERAL LIABILITY. protect the written in comprehensive form and shall pr Contractor against all claiv.s arising from injjurioes to members of the public or damage to property of thers arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 I c To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for i obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500400.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during.the period of placing the facility in operation and during testing, and until such time as the facilities ace cornleted and accepted for operation by the Owner and written not .2 of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the owner will be given at least thirty (30) days written notice of cancallation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the owner. CI - 2 1 Name and Address of Agency City of Denton Reference: Project Name: Project No: Phone Project Location: Managing Dept: Hama and Address of Insured: CompaniK Affording Coverage: A 8 Plane C This Is to certify that: 1) ►oticles of Insurance listed below bare been Issued and are in fora at this time. 2) The City of Denton is listed as an additional iasurad as to all applicable coverage. Company Expiration Omits of Liability Letter FFoqmn e of Insurance Polic "ibex Date In Thousands eneral Liability Occurrence j see s1-Page CI-a) Bodily Injury nclude: ations Property Damage : - Independent Contractors - Products/Completed Operations Bodily Injur y and Property - Personal injury Oamage Combined : - Contractual Liab)lity(see 13-Page C14) Explosion and Collapse Hazard j - Lin 0abilitayCoverage - Fire Legal Liability (see e5-Page CI4) - Broad Forme Property Damage Professional Errors/omissions - occurrence Claims am* (see f/-Page SI-4) Cc ilellotorslve Amtaabi)e Bodily In ury/hrson tY Bodily injury/Accident - Mon WroWL d AAvtoorotiifes1e! Property pamape = - Hired Automobiles 8odily Injury/Prgr rty ' Damage Combined s - 1lorhm ' Caeoeasation and bmploytrs' inability Statutory Amqunt MGM Owars' Protective Liability Other Insurance Description of Operatlons/locations/Vehlcles. Each policy shall require thirty (30) days notice of Cancellation, room-renewal, or material change In coverage. (See /2, Page CI-/). Male and address of Certificate Holder. ROW CITY OF DENTON, TEXAS rURCIIASIMG AGENT 401-8 TEXAS $T. I N y DEMON, TEXAS 16201 I SEE DEFINIIIWS ON PAGE Cl 4 ATTACIIED. rr ~ 4 qw~ DEFIN rrIONs 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does , not apply to Worker's Compensation.) ~ w 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CUNTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this I Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will i be determined by the following formula: Congruous I coverage !or the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) year,, which shall begin at the end of the warranty period. s. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to ' structures or portions of structures if such damage is caused by the peril cf fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. b. OWNER: The tern owner shell include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or wloile acting on behalf of the owner. CI - 4 ~I t ~T- 1 r BID #_U& PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF Willow Springs Drainage IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those 1 named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental i to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of } the City as therein set forth. It is understood that the followin done at unit 9 quantities of work to be prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or j, diminished as may be conr:Jered necessary, in the opinion ! of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sun prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - 1 lip I Accompanying this proposal is a certified or cashier's check or ' Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid j security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on { other contracts, either public or private, in evaluating bid specification Sofulthe bidder Owner rmaych quali bidder. di qualify The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: i I I i ` P - 2 WORK DAYS 60 BID N0. uat Willow Springs Drainage PO NO. (Base Bid) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractor's Warranties I I 1 1 1.21 1 and Understandings I I LS I S/0000.0'0/ M I! /O.o a o0 1 Preparation of I I 1 1 ' 3.L I Right-of-Way I I LS I $,Ile& to /LS 1 $ a.?dib.LV 1 Barricades, warning I I I I 8.1 i 51,1n s and Detours I Ls i wove oncrete ur 1 3-s Land Gutter I 880 I LP I S 00 /L! I$ k(0-00 I Remove Concrete Driveway I I I I f 3-C I and sidewalk I 112 1 SY I $10,00 /SY 1 $ 1110. o0 I I I I I SP-33 I Remove Curb Inlet I 1 I EA I !.!'00..0 /EA I $ -e00.00 I I I I I 3.3 1 Unclassified Excavation 1 7,536 I CY I $ 6,/y /CY I !A&&, 7.1•HY 1 4 1/2' Asphalt Pavement I I I I 5.7-A I Base (Type A) 1 1,983 1 St I S?•90 /SY I S7u 11 1/2' Asphalt Pavement I E I ! 5.7-B I (Type D) 1 1,983 1 SY I $-110 /SY 1 $G/.y7.30 1 2' Asphalt Pavement I I I I 5.7-D I (Type D Patch Material) ( 10 ! Ton I i IL&oO /Ton 1 $ /DDd,ac { SP-40.A, 1 Reswve 42' RCP I 248 I L! I S j[00 /L! I 11Q&110O_ 1 I 1 SP-40.3 I Remove 481 RCP 1 28 1 L! 1 $10,00 /L! I $.&,4.04 ! I I 3-A I Resoye_Concrete Rim Rag 1 20__ _L SY 1 $ /O W /SY I SJLDa o0 Remove x stiff Box SP-406C I Culverts I 156 I Lf I $_?boo /LP I $54(60-uty I I I I I 8.2-A 1 Concrete Curb and Gutter 1 889 1 Li $ ?•00 /L!__L $_1U 02 I I I 7 4 5 I Class A Concrete I 19 I Cy f $300.6 /CY 1 $_700.06 I I I I I SP-3 1 Reinforcing Steel I 1,774 I Lbs I $ 0,5 0 /Lbs I $ f, oo , I I I I ) 8.3 i 60 Concrete Driveway I 125 I SY 1 $,&.00 /SY I $-Wean 13,000 PSI I I I I 8.15.A I Concrete Rip Rap 1 5,674 1 SY 1 $30.00 /SY I $U0.120.cD 1 61 Lime Treatment I I 1 1 4.6-3 I of Subgrade ( 2,275 1 SY I $,.MS~ /SY I $,re73.74' I I I 1 I 4.6-A I Type A Lime Slurry 31 I Ton1__$ 90-00 /Ton 1 $.2790.00 t I ! I 5.8-A 1 4' Concrete rlatwork I 4 1 SY I Sje. 00 /SY I Concrete Rip Rap I I I 1 5 15 B 1 (3500 PSI) I $80 1 SY 1 $ 341.00 /SY 1 $ /9710. ,ar) P - 3 WORK DAYS 60 Wlllox Springs Drainage BID NO. 1185 PO (Base bid)~- BID TABULATION SSEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 10 x 5 Box Culvert I I I I 2.12.3-A 1 (Direct Traffic) I 216 1 LP 1 S.260 04 AF I S jrlYoh, ,n I 1 ! I i 2.120-8 1_8 x 1 Box culvert I 172 1 L! I Blbiyi /LF I $ VM e0 I 1 ! I I 2 3-C 6 x 1 Box Culvert 12 LF 76-PM /LF I S.zioe,Op 1 1 1 1 ; 7.6.A I 30' Curb inlet (T we I) I 1 I EA I S1000-010 /EA I 9 1,40O,J0 I Break into Existing I i I 1 SP-3 Concrete Structure 1 EA fASQ-00 EA i i ! 2.11.5 1 Inlet Frame i Cover I 1 I EA I 041>00 /EA I ! do - 00 1 I i I 1 8.11 Metal Beam Guard Rail 1 507 1 L { ! I 5,2AF I S /A Q.28: i - SP-15.8 _I_ Adjust Man Hole 1 71 EA I S0 00 /CA I ! j e47,60 I I ! I I -1 Lower Waterline I 2 1 EA I ShWa 00 /EA 1 ! LOM 00 ~ I I I 1 SP-15.A I Adjust Valve I 1 I EA I ! ~0? 0J /EA I ! X00 0e I I I I 7.4 Concrete Enc seven 3 CY , SP-2 Concrete Saw-Cut 85 LF I ego LF o 1 I I I 1 3.7 1 Compacted fill 1 1,074 1 CY 1 $ 7.1 /cY 13.29 / u I I I I I 3.10.1 1 Hydromulcl.14 16.636 1 SY 1 S 40Gti /SY 1 S/pr/2 /0 1 ! I I I . P-37 Excavativ Protection 221 L! 0 L! S J.2 ,0 I SP-10 Rock.Excavation I SO 1 Cy ! S X00 /cY I S.?60 00 I I I 1 SP-39 1 Project Signs ) 2 f EA I *-4V-00 /EA S/J00 00 I I 1 I I I 1 I I 1 I ! I I I { TOTAL . / I I i I I I I I I ! 43910.3 I Seeding 1 16,634 I 9Y ! S b /SY Total witb feed instead of Hvdromulch fAWl 27eig,3 *This item may replace 3.10.7 (Hydromnlch). P - 4 1w T w WORK DAYS 60 SID NO. 1185 willow Springs Drainage PO NO. (Alternate) SID TABULATION SHEET jL1 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractor's Warranties I I I I. 1.21 Land Understandings I I LS I ! /LS ~I ! i aparation of I I I I 3.1 A -o -Wa LS LS I ear cades, Warning I 8• SiGN and Detours LS elmove ncrete u ~I 1 3-a and 880 Lr AT I Restive Co rote Drirwap I I I I 3-C and Sidwa 2 Y Y i I I I ! I j SP-33 Re ve Curb In et EA i EA ! I 3.3 Uncles s fed Exca at on 1 7,536 1 CY/ 1 ! /CY 1 ! 14 1/2' Asphalt Pav ent I I 1 I ` 5.7-A ease (Type A I 1.983 /SY 1 S /Sy 1! f 1 1 1/2' Asphalt Pave se I / I 1 j .7-8 T• D 983' Y Y 12' Asphalt Pavesent I I 1 5.7-D D Patch a 0 To Ton I I SP-40.A 1 Re"Ve 42' RCP 246 Lf Lr ' I I I I j SP-40.8 1 Resove 48' RCP _ 28 1 Lf L ! I I I 3-A R ove Concrete Ri R \26, I Sy /Sy -7 Ree I ove Existing DO I I 1 1 SP-40.C I Culverts I 56 L! LP I I I I I 8.2-A Concrete Curb and Gutter 889 L! 7.4.5 Class A Conc %te 19 I Cy CY 1 I I I SP-3 Rainforcida Steel 1,774 Lbs Lbs I I 1 I 1 8.3 6' Co rote Driveway 25 Y /Sy 3000 PSI 80156A Co to R1 Rap Op Y 1 Liao Treatsent I I 1 I 4,6-5 n rade 2,275 Y SY I I I I 4 6-A Tvv* A Line Slurry 3 Ton T S.8- 14' Concrete Flatwork I 4 I SY 1 ! /Sy ! I Prepackaged concrete I I I I Rap 6,2S4 Y Ay I \J • l WORK DAYS 60 Nil HID NO, 10v SPrings Drainage ` (Alternate} •1 J PO N0. HID TABULATION SHEET ITEM DESCPIPTION QUANTITY UNIT UNIT PRICE /TOTAL 10 15 Box Culvert ! I I I 2:12.3-A Direct Traffic 216 LF LF I 1 I I I 2.12.3-s H i Box Culvert I 172 LF ! ! I 1 2 ,12,3 I -C b I 1 ox Culvert 2 Lp LF 7,6.A o' Cq b n et I 1 EA 1 Break int EEictin EA 9 I I ! I SP-31 I Concrete Mucturis 1 EA EA I I I 1 r 2.11.5 Inlet Frame i ver 1 BA EA I r ! t H M t ae G td a 507 LF I I,p ! I ! 1 I ! SP-15.0 Ad at n Hole 7 A to ~ I I r 1 I P-1 Lower Mat r e ' 2 EA EA SP-15,A Ad us valve to EA I ! ! I 7.1 Concrete anc ae t 3 Cy Cx SP-2 Concrete t I I I as LF L-L ~ I r I i 3.7 C c ed p 10 1 CY I Icy 3.10.7 r Hydromulch 1 I I r I 16 500 Sy ! SY _ I I I SP-37 I Excavation Protect n 221 Lp 1 LP SP-10 Rock a:cavation I I so I s cx I ! I I SP-39 P o Oct Si 2 EA EA A I I ! I I I I I ! TOTAL ! I I ! I I 1 ! ! '3 0 3 n 16,500 ST Y Tote rich Seed steed a e dr ch •Thi it@* eay replace 3.10.7 (Hydrox+ulch). l P-6 i .1 WORE DAYS 30 1 Willow sariaas Otillty Relo at on BID No. ` PO N0. BID TABULATION SBEST ITEX DESCRIPTION atractor a Warrant as ANTITY UNIT UNIT PRICE TOTAL 1021 and Dadarstandla s 7.6 5 concrete Manhole IS AS 000,0 2.22.1 and cover i 1 EA RA oa.b 18' PVC Sanlta Sawn= 8S [1 111' SP-8A Rasovs Manhole Ap J X1,400 1 RA SP-23 Rasove 18• Sanitar Sever lOS Lip SP-37 Ar OU•ii0 Excavation Protection 85 LF 0•00 Lt SP-10 Rock Excavation f so cr ,o Cy o. v I~ TOM ` P-7 i , FALLOW SPRINGS DRAINAGE WGo}rkk Days Bid Price 1. Base Bid - Standard 0 ~,,`lff~ Concrete Rip Rap 71 ackaged 2. ZUE oncrete Rip Rap 3. Willow Springs Utility Relocations 10 CO . 1+ 3 o o s 463, ¢2( I/ j i 1 li i I 1 B - 1 1 SID SUMMARY TOTAL BID PRICE/ IN WORDSA'W i1 ~.,1 Q, ✓I„ ys'e I In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sun prices as shown for each item listed in'thia proposal, shall control over extensions. CONTRACTOR B - ~ crz4n• ME PRESMENT Street r~ NE RICH RDSON 0530 TX 7'$083'0530 city an a e Seal I`Authorization (If a Corporation) 1'214~'W4452 Telephone B - 2 i a:lipdoc t\ I rv Irlk 4 1 i~ r ,'I. 06 AGREEMENT CITY )4E !i'I'DI4,1AID", CHANDRA G. IRVIN The City of Denton, Texas, a Municipal Home Rule City situa ed in Denton County, Texas, hereinafter called "City," acting hers n by and through its City Manager, and Chandra G. Irvin, hereir fter ~ called "Consultant," hereby mutually agree as follows: ; I. SERVICES TO BE PERFORMED: City hereby retains Consultant to perform the hereinafter designated services and Con- sultant agrees to perform the following services: s A. conduct a reclassification/restructure study for each of the following: Water superintendent to Water Production Manager, Groundskeeper to Maintenance Technician, Main- tenance Mechanic I to Building Maintenance Mechanic III, Chief Cashier to Treasury Analyst, and Municipal Court I Administrator to Treasury Operations Manager. B. Train Betty Wilkins on classification and compensation. C. Provide follow-up assistance and consultation as provided in II.B. D. Specific tasks of the study will include conducting position audits and interviews with supervisors; re- viewing and revising job descriptions and job evalua- tions; and making final reports to the Director of Personnel/Employee Relations on the results of the studies. Additionally, Consultant will train Betty Wilkins in the explanation and history of current City compensation and classification program including report formats and point/factor program; compensation history including pay plans, compensation proposal, components, presentation, and work plans. E. Availability of City Resources: City will make avail- able to Consultant the following: 1. Copies of pertinent job descriptions. 2. Applicable organization charts. 3. Rate by job code and position control documents. i 4. Overtime Reports. 1 y'. 5. Time required of partici ati Personnel Departvent to respond to interviews, audits, questionnaires, and memorandums. 6. Time required of th#rJ4rF'bA; Relations to provid roject updatessoru~el/ Employee II. SCHEDULE OF SERVICES: A. Final presentation to the Director of Personnel shall be completed no later than August 31, 1991, B. The consultant shall provide a minimum of five ditional timo for a three month period to respond hours ad- phone queatio,is regarding classification recommendations. C. Deviation from this schedule is acceptable only if approved by City's Personnel Director, or for reasons beyond the Consultant's control. j III. COMPENSATION TO BE PAII"_CONT AeTnD. sultant for the services performed herCity eunder1assfoto pay llows:Con- A. Amount of Payment for Services: City agrees to pay Consultant for the services performed hereunder as estimated below: Soi~tltant Rate Estimated rstimt d 's Fees/EXOenacg $40 per hr. 50 j $2,000 Estimated xiDo.,ses includes travel, meals $ 640 j T_OTQ EST $ AND EXAFNCFC $2,640 It is agreed and understood that the Citv and Consultant will make extra efforts to monitor and control the above expenses. However, regardless of estimates set forth and time and expenses expended in no event will the total pro- ject cost exceed $2,640 for Consultant's fees and expenses. ' B. Dates of Payment: Within 10 days of completion of services provided for herein and of receipt of an invoice. IV. N C • it is mutually understood and agreed by and between City and Consultant that Consultant is an inde- pendent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick letve benefits, worker's compensation, or any other City employee benefit. Consultant shall perform the services here- under at the direction o" and to the satisfaction of the City Page 2 1 Manager of the City of Denton or his designee under this agreement. V. SOURCE OF FUNDS: All payments to Consultant under this Agree- ment are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. VI. ;NSURANCE: Consultant shall provide at its own cost and ex- pense Yorke?;' Compensation insurance, liability insL-ance, and all other insurance necessary to protect Consulta,:t in the operation of Consultant's business. VII. INpEMNIF CI ATION: Consultant shall and does hereby agree to j indemnify and hold harmless the City of Denton from any aai all damages, loss or liability of any kind whatsoever, by rea- son of injury to property or third persons arising from any ` negligent act or omission of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of this agreement, and consultant will, at its cost and expense, defend and pro- tect the City of Denton against any and all such claims and demands. VIII.CANCELLs►TION• City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement, provided the city pays Consultant for services { performed prior to notice of cancellation. IX. TEEM This Agreement shall commence on the _ I day of 1991, and end upon the completion of the project. EXECUTED this day of Lth~C~ , 1991. CITY OF DENTON, TEXAS Y' L V. HARRELL ATTEST: JENNIFER WALTERS, CITY SECRETARY l~ BY: I Page 3 i APPROVED AS TO LEGAL FORM DEBRA A. LRAYOVITCH, CITY ATTORNEY I ~ ~1 tZcG. IRVINE CONTRACTOR Page 4 E T 1 Amendment to Agreement Between the City of Denton and Chandra G. Irvin dated June 4, 1991 Date: June 110 1991 The following items are amendments to the agreement described above. I-A. Oversee and provide training to Betty Wilkins during the classifositions: Water superintendent studies to Water following p Groundskeeper to Maintenance Technician, production Manager, Maintenance Mechanic I to B►nalastg MainMunicipatenance lII, Chief Cashier to Treasury 1Manager. Administrator to Treasury operations I-B. Provide information and training to Betty Wilkins on the classification process. I-D. Specific tasks to be supervised include: conducting position audits and interviews withsupealuatisl reviewing and revising job dercr.ptions and job ! making final reports to the Director of Personnel/Employee es. Con Relations on the results Wilkins of thetheuhistoryTof thescurrent will review with Betty City classification program including report formats, r point/factor program, and pay plans. II-A. The final pre entation, in withtththe city's staff member, Betty Wilkins, shall be made Director of Personnel no later than August 31, 1991. III-A. Amount of Payment for services: Consultant for the services performed City agrees to pay hereunder as estimated below: aFi.a~sitnAt Q~.~e88 ratlmated Hours $2,000 40-50 control Consultant to monitor handCity sagreed ad efforts understood will make extr expenses. page 1 of 2 r However, expenses incurred in the delivery of Consultant's services, relative to this agreement, will be paid in full by the City. III-B. Dates of Payment: One-half ($1,000) within 15 days of the on-site consultation. Second half ($1,000) on completion of the project and within 10 days of receipt of invoice. Expenses will be paid within 10 days of receipt of invoice which will be submitted as expenses are incurred. Signed: \ Dated: Chan d~e G. Irvin 1 • r I I i page 2 of 2 9:lvpdott\iqk CONSULTING SERVICES CONTRACT BETWEEN CITY OF DENTON AND IQ SOLUTIONS The CITY OF DENTON, TEXAS, a Home Rule Municipality situated in Denton County, Texas, hereinafter call "CITY", acting herein by and throuh its Corporation, hereinManager, after r called" CONSULTANT",S hereby mutually agree as follows: 1. GOALS AND OBJECTIVES i CITY desires to contract with CONSULTANT to assist in negotiating an agreement with Lone Star Gas company for natural as service from its interstate gas transportation pipeline, often called service". reprted performance ngthrough otiations COSULTANT'S eeparties rvices, intend including achieve research, this of services, II. CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the development. of the project as outlined herein. The Scope of Work which CONSU11ANT , agrees to perform is set forth as follows: 1. CONSULTANT will discuss goals of the negotiation witt CITY OF DENTON representatives and confirm in writing the desired services from Lone Star Gas Company. CONSULTANT CITY in the thelCITyut decisions 2. CONSULTANT will work with Lone Star Gas Company represen- tatives to negotiate natural gas service from its inter- ptate transportation pipeline. 3. CONSULTANT will work with the CITY in completing applica- tions necessary to obtain service. 4. CONSULTANT will advise the CITY of Lone Star Gas Company's counter proposal (if applicable). Final acceptance of any service offer will remain with the CITY. 5. CONSULTANT will confirm in writing with Lone Star Gas Company special provisions of the agreement. III, TERM OF AGREEMENT CONSULTANT shall commence rendering services as arranged by CITY. This agreement will continue to be in effect until all terms of the agreement have been satisfied. Y IV. COMPENSATION TO BE PAID CONSULTANT hereunder CITY agrees to pay CONSULTANT for the services performed as follows: A. h-Hunt of compensation- CONSULTANT will charge $3,200.0 completeP eirvices provided under Part II, for the 1 CONSULTANT'S SERVICL.• ill B. Reimbursing of Travel Expense: COtiSULTAN ovide anciteme ;zed travel listing expenses at actual cost, and shall p with receipts. ements Toni an economy .basis. emake xpenses include airfare, car rental, hotel, and forts to expense in o not t reimburse include exP charges. ! travel meals, but do nh uoN ULTANT 1S tHalravel hour or writ- CITY shall er of the CITY or his excess of $1,000.00, unless COManag~T obtains p ten approval from the City designee. CITY will pay CONSULTANT within thirty C. Dates of Payment: (30) days of completion of the services provided herein an receipt of invoice from CONSULTANT. and three (3) Work: If negotiatio~e extend thany two trips to D. Additional time, or requ ' months elapsed t be negotiated between CONSUL- Texas, additional charges may es must be ap- TANT and the CITY. All such additional charge CITY or his ea proved in writing by the city Manag x designee 00 uTotal nlesscotherwise appr° ed by the CITY by e ar $10,00 Council. ity vote of its City ee V. SUPERVISION AND CONTROL BY CITY _TY and ~ and betwee:, It is mutually understood and agreed by an independent contra to employee of the such, CONSULTANT shill not that b. CONae~mT dTtolsbe or considered an ocial security tax w, wo ker,s / comp ens CITY for the purposes of income ation, or ervision taxes, vacation or sick leave beneClTYshali not have su and it is any other City employee benefit employee of CONSULTANT, services and control of CONSULTANT or any the direction expressly understood that CONSULTANT shall perform under this hereunder according to the term CITYthoY hisreemedent designee at nee of the City Manager of the agreement. OF FUNDS vI. SOURCE aid by agreement are to be paid All payments to ncil for such CONSULTANT under this Texas. the CITY from funds PofrOtheriCitated y by of De the City Cc"' purposes in the Budget Page 2 3 a VII. INSUPANCE CONSULTANT shall provide, at its own cost and expense, worker's 1 compensation insurance, liability insurance, and all other insurance necessary to protect CONSULTANT in the operation of CONSULTANT'S business. VIII. INDEMNIFICATION CONSULTANT shall, and does hereby agree to indemnify and hold harmless the CITY from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of CONSULTANT, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of the agreement, and will, at its cost and expense, defend and protect the CITY against any and.all such claims and demands. IX. WHOLE CONTRACT This Agreement represents the entire and integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument executed by the signatories hereto. X. RIGHTS OF THIRD PARTIES Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party ' against either CITY or CONSULTANT. XI. CHOICE OF LAW AND VENUE This agreement shall be governed by the law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. XII. CANCELLATION CITY and CONSULTANT each reserve the right to cancel this agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel. If the agreement is canceled 1,efore completion, the CITY agrees to compensate CONSULTANT for services provided and expenses incurred prior to notice of cancellation. Page 3 t • I 1 1 XIII. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word in this agreement or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portion despite any such invalidity. Executed this the day of )W, 1991. CITY OF DENTON, TEXAS B 4At'ELl, /Y~LkNAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY ' E 1 l BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 BY , I.Q. SOLUTIONS: NANCY L. MOON, PRESIDENT i BY: TITLE: ~G DATE: Page 4 { 1 1 THIS IS A CITY of DENTON, TEXAS ~ CONFIRMING ORDER Xk PURCnunter PA ORDER NO: PC 15602 (IF MARKED) DO NOT DUPLICATE kwoices, defery svi, cases, a-v. boxek wt wq a" and b03. Date: 09 03 91 Page No. 01 Req NO.. m No: i D VENDOR PURCHASING DIVISION /901-0 TEXAS STREET IV ENTON, TEXAS 76201 NAME/ I 0 SOLUTIONS 817/783.7100 D,1fw ME rt? 0 817126.7 0047 FAX 81)1382.4692 I ADDRESS P.O. BOX 639 DELIVERY CONFIRMATION ONLY . C05 FFANKLIN. NI 48025 ADDRESS STEAM PLANT 1701-A SPENCER FD. DENTON• TX 76205 / j VENDOR NO, 10549000: DELIVERY QUOTED 09 15 91 FOS DESTINATION TERMS r 01 4200:000 LT ENITY CA96320. N / A MFG NAME 1.1 10000 49200e00 CONSULTING SERVICES TO NEGOTIATE 311 TRANSPORTATION SERVICES I WITH LONE STAR GAS CC. - { I I. I ^ PAGE TOTAL : 4.200.00 4►200.00 GRAND TOTAL 01 610. 080.0251 6502 4s200.00. VENDOR PfSTRUCTIONS! 3, Terns - Net 30 (UNese dM wee "vf d ) i. Sond original kw6ce wAh d iprcalo copy. 4. Shipping Inslrucl&s, F.0 8, Deslinalion prepaid (UNess c7rrwse speaod) . T i 2. ILiI to - Account Payable 5. No ledoral of slate sates lax "be fr -Axled .LJ . 215 E. McKinney St. in p-i:es billed. r 1 r chasing DWI on 1`r.!,n 7X7rrn1 FF nn.. L 1 • t' LLOYD, GOSSELINK, FOWLER, BLEVINS & MATHEWS, P.C. Atto-nep at Law GEORGE GEORGE c. RaAIA511411 A%j [It Post Office Box 1725 Austin, Texas 78767 01. cm~, U0FG11~'N' CRLMP Office (512) 322-SKO TACK-" I. R1TTIE 1 rALLA K FNIIR FAX (512) 472-0532 RORERTD FOWLER C. KBE FRiELAVD STWE STAG%7A PALI G G055ELINN Gntmnrnl Retai cmSuA,rv Rk IIAkD L. IIANALA NA }limed k pi, ic, }r,.l R06ERT II LLOtD utir S1An*F s AF\\EDI RAMW1 MARTIN CR -MLIE July 3, 1991 fL V AftlTll Y. RODO 0,M) E RL55ELL LANWTH TCNNSEND Mr. Robert E. Nelson , Executive Director of Utilities City of Denton 215 East McXinney Street Denton, Texas 76201 Rel Employment Contract 1 (1060011 Billing File) l Dear Bob: 1 Thi will confirm our agreement that the firm of Lloyd, Gosselink Fowler, Blevins & Mathews, P.C. will represent the City of Denton with respect to the analysis of contracts between the City end the Upper Trinity Regional Water District pertaining to i the purchase of treated water from the City and use of its ! transmission lines on an interim basis, and the construction of a joint use, jointly owned water treatment plant on Lake Ray Roberts. At the present time we will work under the direction of you and the City Attorney, Debra A. Drayovitch. Additionally, we will represent the City of Denton in any other matter requested, provided we do not have a conflict of interest. Following our evaluation of the facts and estimated costs associated with this or other matters, upon which we represent you, j we may request security against future billings. Failure to deliver the requested security within fifteen (15) days after receipt of a written request may result in termination of this firm's representation. At the present time our firm has a fee structure ranging up to $195.00 per chargeable hour for attorneys' services, depending on the individual involved and his or her level of experience and expertise. Additionally, we utilize briefing clerks and paralegals to perform those tasks not requiring the time of an attorney. Briefing clerk and paralegal time is billed at an amount not to exceed $50.00 per hour. We will submit all out-of-pocket expenses incurred for reimbursement, with a fifteen percent (151) overhead charge added. Usually we ask the client to pay directly all filing fees, charges for consultants, etc, due to the size of such fees and to avoid the client incurring our overhead charge. We endeavor 111 Congress Ac en Lie Suite 1800 Austin, Texas 78701 I i J i f Mr. Robert E. Nelson July 3, 1991 Page 2 to have a statement of services rendered and expenses incurred by the 15th of each month. Full payment is due on receipt of the statement. Interest will be charged at the rate of 10% per annum on any balance not paid 60 days after the statement date. I will be the account representative and the attorney in charge of our representation. Although my time is normally billed at $195 per hour, I have agreed that I will lower my rate to $175 per hour. Georgia Crump will be workl.ng with me and her time will 4 be billed at the rate of $115 per hour. From time to time other attorneys with the firm may be assigned to some aspect of our representation, as appropriate. It is the policy of our firm to review our fee structure annually. We will notify you in writing prior to implementation of any change in our fee structure. As discussed, we will keep the fee at or below $9,500 without prior authorization. F This agreement may be terminated by you at any time by written notice to us, provided, when applicable, that permission for withdrawal from employment is granted by the court. This agreement may be terminated by this firm on fifteen (15) days written notice that we are no longer in a position to continue representing you in a particular matter for whatever reason, including nonpayment of fees and expenses within 30 days of receipt of an invoice. If this agreement is acceptable to you, please have the i duplicate original provided herein signed, and return it to us for f our records. We look forward to working with you. i Si ce el , o { Robert H. Lloy RHL:mld cc: Debra A. Drayovitch APPROVED: CITY OF ENTON L oyd V. Harrell; City Manager 10601000-001.EMc F I ORIGINAL , i AMCTER UCENSEAGREEMEN~ THIS AGREEMENT, made between Lisee Utility Marketing, Inc., a Kansas corporation located at Suite 1031, Tower It, Kansas City, Kansas 66101 (hereinafter 'LICENSOR"); and The Cityrof Denton, Texas, i (hereinafter "LICENSEE"): WHEREAS, the Board or Public Utilities of Kansas City, Kansas (hereinafter Licensed Property Owner) is the owner of the entire right, title and interest in and to the name, mark, character, symbol, design, likeness, and visual representation of the proprietary property identified on the attached Schedule A, Including all copyrights and trademark { rights for use in conjunction with promoting the interests of public uti;itks (the foregoing II hereinafter collectively being referred to as the 'Licensed Property; ` WHEREAS, LICENSOR has the exclusive right to license the Licensed Property or f LJ the Licensed Property Owner to third parties; 3 , WHEREAS, LICENSEE desires the right and license to use the Licensed Property in connection with the manufacture, sale and distribution of goods and to promote the I r performance of services as identified on the attached Schedule B (hereinafter 'Licensed Goods and Services') in the territory identified on the attached Schedule B (hereinafter "Licensed Territory"); 'f- i 1 I \ I l S 1 ORIGINAL ti C MR LICENSE AGREEMENT 1 THIS AGREEMENT, made between Lisee Utility Marketing, Inc., a Kansas corporation located at Suite 1031, Tower II, Kansas City, Kansas 66101 (hereinafter i "LICENSOR"); and The Cityrof Denton, Texas, (hereinafter "LICENSEE"); WHEREAS, the Board of Public Utilities of Kansas City, Kansas (hereinafter Licensed Property Owner) is the owner of the entire right, title and Interest In and to the name, mark, character, symbol, design, likeness, and visual representation of the proprietary property identified on the attached Schedule A, including all copyrights and trademark rights for use in conjunction with promoting the Interests of public utilities (the foregoing I hereinafter collectively being referred to as the 'Licensed Property"); WHEREAS, LICENSOR has the exclusive right to license the Licensed Property or the Licensed Property Owner to third parties; WHEREAS, LICENSEE desires the right and license to use the Licensed Property in connection with the manufacture, sale and distribution of goods and to promote the r performance of services as identified on the attached Schedule B (hereinafter "Licensed Goods and Services") in the territory identified on the attached Schedule B (hereinafter "Licensed Territory"); 1 1 l THEREFORE, in consideration of the foregoing, and of the terms and NOW, conditions hereinafter expressed, the parries dgree as follows: 1. Grant. (a) LICENSOR grants to LICENSEE and LICENSEE hereby accepts, the right, licensee and privilege to use the Licensed Property solely and exclusively on Licensed Goods and Services sold, distributed or provided in the Licensed Territory and LICENSEE agrees + that the Licensed Property can only be used in conjunction and together with LICENSEES name thereon in the licensed territory and not alone or in conjunction with any other name or in any other territory. The license herein granted does not extend to use of the character as a work of art or ornamentation standing alone or for any other use or purpose. All uses J not specifically granted are reserved to LICENSOR and subject to licensing to third parties i in the Licensed Territory and elsewhere. (b) Ile LICENSEE herein granted extends only to the Licensed Territory and is i personal to LICENSEE. Without the prior written consent of LICENSOR, LICENSEE will not make, or authorize, any use, direct or indirect, of the Licensed Property in any otheO area, and will not knowingly sell Licensee Goods or promote or perform Licensed Services covered by this agreement to persons who intend or are likely to resell them within the Licensed territory or elsewhere. Parties recognize advertising by LICENSEE may extend into nonlicensed territory areas or other licensed territory and other LICENSEES may have their advertising overlapping with LICENSEE'S licensed territory by virtue of media such as TV, radio, newspapers and Yellow Pages that publish, distribute and transmit in overlapping areas. LICENSOR may assist LICENSEES In overlapping territories to 2 t 1 purchase ndvertising and promotional ventures to lessen costs. ^ t: and the 1 (c) The Effective Date of this license Shall be 4 19,71 licensee shall continue for a period of one year and shall be automatically renewed for successive one-year terms, unless sooner terminated in accordance with the provisions of this agreement. 2. Terns of Paymertl. ICENSOR at the commencement hereof an initial fee (a) LICENSEE shall pay to L of U)"J-Dollars LICENSEE shall also Pay to LICENSOR on Dollars LY p or before each anniversary date a flat rate of L A 1' I on a yearly basis for the right to use the Licensed Property to promote the services provided b LICENSEE without regard to the sale of any Licensed .Goods. Commencing in the r t fourth year and each year thereafter the LICENSOR shall have the right to increase the flat i fee ten percent (I0%) in addition to the amount paid the prior year. LICENSOR shall crease the flat fee, the notify LICENSEE in writing 90 days in advance of Its election to in date of the increase and the amount. Failure by LICENSEE to pay the increase shall terminate the agreement. LICENSEE shall also pay to LICENSOR as royalty n sum equal J of its related to percent ( of all net sales by LICENSEE or any companies of the Licensed Goods covered by this agreement. The term "net sales" shall mean gross sales less rash discounts, quantity discounts, uncollectible accounts and returns, f but no other deductions shall be made. Should any Licensed Goods be distributed by LICENSEE or any of its related companies even if not billed, such as free introductory offers, samples, premiunis, etc., there shall be a royalty paid on such distribution based 3 L l i upon the price Licensor charges fur comparable goods. Should any sale be made at a special price to any of LICENSEE'S subsidiaries or related companies, or to any other person, llrm or corporation related in any manner to LICENSEE, there shall be n royalty paid on such sales based upon the price LICENSOR would charge at retail for comparable goods. (b) Within 30 days following the end of each quarter ending March 31, June 30, j September 30 or Dectmber 31, LICENSEE shall rurnish LICENSOR with complete and accurate notarized statements by LICENSEE showing the number, description, gross sales, 1 price itemized deductions from gross sales price, net safes price, country of origin, and country of destination of all Licensed Goods covered by this agreement distributed or sold by LICENSEE during the preceding quarter, together with any applicable quantity discounts I and made during the preceding quarter. Such statements shall be furnished to LICENSOR whether or not any of the Licensed Goods have been sold or distributed during the preceding quarter. (c) Payment for royalties shall accompany the statements furnished as required above. The receipt or acceptance by LICENSOR of any statements furnished pursuant to this agreement or of any royalties paid hereunder (or the cashing of any royalty checks paid hereunder regardless of restrictive endorsement notations) shall nut preclude LICENSOR from questioning the correctness thereof at any time, and In the event that any inconsisten- cies or mistakes are discovered in such statements or payments, they shall immediately be rectified and the appropriate payment made by LICENSEE. (d) Related Cumpany. AS used herein a "related company" is (t) au orgnnizatiun I 4 i rl 1 of which more than so% or the voting stock Is controlled or owned directly or indirectly by LICENSEE, (Z) an organization which directly or indirectly owns or controls more than Soho of the voting stock of LICENSEE, or (3) an organization, the majority ownership of which Is directly or indirectly common to the majority ownership of LICENSEE. i 3. Hwfudvity. Nothing In this agreement shall be construed to prevent LICENSOR from granting any other licenses for the use or the Licensed Property or from utilizing the Licensed Property in any manner whatsoever, but LICENSOR shall grant no other licenses for the Licensed Property within the Licensed Territory e%. vpt as specifically f recognized in paragraph 1(a) and subject to the limitations in Paragraph 1(b) above during the term of this agreement. 4. Ownership of the Licensed Prop". (a) LICENSEE will not during the term of this agreement, or thereafter, attack the , validity of or title to any copyright, trademark or other proprietary rights of the Ucensed Property Owner in and to the Licensed Property, LICENSOR hereby indemnifles LICENSEE and undertakes to hold it harmless against any claims or suits rising solely out of the use by LICENSEE of the Licensed Property as authorized in this agreement, provided ' that prompt notice is given to LICENSOR of any such claim or suit, and provided, further, that LICENSOR and the Licensed Property Owner shall have the option to undertake and conduct the defense of any suit so brought, and no settlement of any such claim or suit is made without the prior ~sritten consent of LICENSOR and the Licensed Property Owner. (b) LICENSEE shnll assist LICENSOR and the Licensed Property Owner to the extent necessary in the procurement of any protection or to protect any of their rights to 5 i and LICENSOR in cooperation with the Licensed Property Owner, the Licensed Property, i if they so desire may commence or prosecute any claims or suits in their own names or in the name of LICENSEE or join LICENSEE as a party thereto. LICENSEE shall notify LICENSOR In writing of any Infringements or imitations by others of the Licensed Property on goods or in connection with services similar to those covered by this agreement which may come to LICENSEE'S attention, and LICENSOR shall have the sole right In I cooperation with the Licensed Property Owner to determine whether or not any action shall be taken on account of any such Infringements or Imitations. LICENSEE shall not institute any suit or take any action on account of any such infringements or imitations without first obtaining the written consent of LICENSOR and the Licensed Property Owner. S. hukmnt'fteation by Licenser and Product Liability Insurance. LICENSEE hereby indemnifies LICENSOR and the Licensed Property Owner and undertakes to defend them against and hold them harmless from any claims„ suits, loss, and damage arising out of any allegedly unauthorized use of any patent, process, idea, method, or device by LICENSEE in connection with the manufacture or provision of Licensed Goods or Services and also from any claims, suits, loss and damage arising out of alleged defects in, or personal Injuries allegedly caused by, the Licensed Goods or Services. LICENSEE shall obtain, at its own expense, product liability insurance from a recognized insurance company which is rated B+ or better by Best's Insurance Rating Service with limits of no less than insuring against any claims, suits, loss or damage arising out of any alleged defects in, or personal injuries allegedly caused by, the Licensed Goods or the rendering of the Licensed Services, 6 r. I LICENSOR and the Licensed As proof of such insurance, a certtllL'tite of insurance naming LICENSEE As rty owner as additional insureds shall be submitted to LICENSOR by Prope of this agreement. within 60 days from the Effective Date 6 Quolih of Merchandise. this LICENSEE warrants that the Licensed Goods and Services covered by agreement and quality as to be 1 shall be of high standard and of such style, appearance and to the protection and adequate and suited to their exploitation to the beset advantage thereto. Such Licensed enhancement or the Licensed Property and the goodwill pertaining rovided in accordance with Goods or Services will be manufactured, sold, distributed or p shall, before selling all applicable Federal, State and local 121M To this end LICENSEE ~rn~g' i of the Licensed Goods or performing any of the Licensed or distributing any royal, a reasonable number of samPles furnish to LICENSOR free of cost, for its written app with its cartons, containers, packing and wrapping or each one of the Licensed Goods, along le of such quality and sty material, advertising, promotion and display material. The container, packing or wrapping carton, Licensed Goods or Services as well as of any materials, advertising, promotion or display material shalt be subject to the prior approval of LICENSOR. Any items submitted to LICENSOR shall not be deemed approved unless After samples have been roved by LICENSOR in writing. and until the same steal{ be aPP approved pursuant to this paragraph, LICENSEE shall not depart therefrom in any time to time after materials respect without LICENSOR'S prior written consent. From LICENSEE has commenced selling the Licensed Goods or Servicesand upon LiCFNSOR'S written request, LICENSEE shall furnish without cost to LICENSOR additional random 7 samples of each of the Licensed Goods being manufactured, and sold by LICENSEE 1 hereunder, together with any cartons, container; packing and wrapping material, advertising, promotion and display material used in connection therewith and any material distributed in connection with the Licensed Services. 7. Trademark and Copyright Protection. (a) LICENSEE will cause to appear on or within or accompanying each of the Licensed Goods or Services sold or provided by it under this li%ense and on or within all advertising, promotion, or display material bearing the Licensed Property the registered trademark notice and/or the copyright notice c'90 and/or R and/or TM and/or such other notice as appropriate when and where such symbol may be property displayed according to instructions from LICENSOR. i (b) LICENSEE will cooperate fully and in good faith with LICENSOR and the Licensed Property Owner for the purpose of securing and preserving the Licensed Property Owner's rights in and to the Licensed Property. Nothing contained in this agreement shall ' be construed to give LICENSEE any right to seek registration of the Licensed Property in its own name for any class of goods or services, within or outside the Licensed Territory. Nothing contained in this agreement shall be construed as an assignment or grant to the LICENSEE of any right, title or interest in or to the Licensed Property; all ownership rights relating thereto being reserved to the Licensed Property Owner. At the termination or expirztton of this agreement LICENSEE will be deemed to have assigned, transferred and conveyed to the Licensed Property Owner any rights, equities, good will, titles or other rights to and to the Licensed Property which may have been obtained by LICENSEE, or I 8 i 1 which may have vested in LICENSEE, by operation of law or otherwise during the term of this agreement, and LICENSEE will execute any instruments requested by LICENSOR or Owner to accomplish or confirm the foregoing. Any such assignment, • the Licensed Property transfer, or conveyance shall be without other consideration than the mutual covennnts and ' considerations of this agreement. (c) Failure by LICENSOR or the Licensed Property Owner to register any copyright, trademark or service mark with respect to the Licensed Property shall not relieve or excuse LICENSEE from performance of any obligations under this agreemeiii. f (d) Every use of the Licensed Property by LICENSEE shall Inure to the benefit of the Licensed Property Owner. LICENSEE shall not at any time acquire any rights in such licensed Property by virtue of any use it may make of such Licensed Property. C 8. Promotional Material . (a) In all cases where LICENSEE desires artwork Involving the Licensed Property which is the subject of this license, the cost of such artwork and the time for the production thereof shall be borne by LICENSEE. Prior to use by LICENSEE, all artwork Involving the Licensed Property shall be approved in writing by LICENSOR as required under this agreement. All arhvork and designs involving the Licensed Property, or any reproduction shall be entitled to use the same and to license the use of the same by others. 9. Records. LICENSEE shall keep accurate books of ac.ount and records covering all transactions relating to the license herein granted, and LICENSOR and its duly authorized representative shall hnve the right during reasonable business hours to an examination of 9 t such books of account Pad records and of all other documents and materials in the possession or under the control of LICENSEE'with respect to the subject matter and terms of this agreement. LICENSEE shall provide with each quarterly royalty payment under paragraph 2 of this agreement a notarized statement of LICENSEE, showing the number, description, gross sales price, itemized deductions from gross sales price, net sale price, country of origin, and country of destination of the Licensed Goods covered by this I agreement and distributed or sold by LICENSEE during the previous calendar quarter. All applicable books of account and records shall be kept available for at least two years after the termination of this license. 10. Minimums. There are no minimum royalties or purchase requirements under this agreement. j 11. Default: (a) If LICENSEE files a petition in bankruptcy or is adjudicated a bankruptcy, or if a petition In bankruptcy is filed against LICENSEE, or if it becomes insolvent or makes an assignment for the benefit of Its creditors or an arrangement pursuant to any bankrupt law, or if LICENSEE discontinues its business, or if a receiver is appointed fur it or Its business, the license hereby granted shall automatically terminate forthwith without any notice whatsoever being necessory. Should this license be so terminated, LICENSEE, its receivers, representations, trustees, agents, administrators, successors or assigns steal have no rights to sell, exploit, or in any way deal with or in any Licensed Goods or Services covered by this agreement or any carton, container, packing or wrapping materials, i advertising, promotion or display material pertaining thereto, except with and under the 10 1 special consent and instructions of LICENSOR In writing, which they shall be obligated to follow. (b i If LICENSEE shall violate any of its other obligations under the terms of this i agreement, LICENSOR shall have the right to terminate the license hereby granted upon 30 days notice in writing, and such notice of termination shall become effective unless LICENSEE shall completely remedy the violation within the 30 day period and satisfy LICENSOR that such violation has been remedied. (c) Termination of the license under the provision of this section shall be without prejudice to any rights which LICENSOR may otherwise have against LICENSEE. Upon the Termination of this license, notwithstanding anything to the contrary herein, all E royalties on sales theretofore made shall become immediately due and payable. i 12. Inventory Upon Termination or Eipiradm (a) Sixty days before the expiration of this license or ten days after receipt of notice of termination of the happening of the event which terminates this agreement where no notice is required, a statement showing the number and description of Licensed Goods covered by this agreement on hand or in process shall be furnished by LICENSEE to LICENSOR. (b) After expiration of this license, LICENSEE may, unless otherwise provided in this agreetrteat, dispose of Licensed Goods and material used in conjunction with the Licensed Services within 60 days after expiration which are on hand or in F-xess at the time of expiration, provided royalties with respect to that period are paid and statements are furnished for that period in accordance with this agreement. Goods purchased from 11 LICENSOR and bearing the licensed property may be disposed of over a 40 day periM calculated on the same basis as the aforesaid'60 day period. (c) Notwithstanding anything to the contrary Ittrein, LICENSEE shall not manufacture, sell or dispose of any Licensed Goods or distribute material bearing the Licensed Property in conjunction with the Licensed Services after termination of this s agreement for failure of LICENSEE, to maintain the quality of the Licensed Goods and Services as provided elsewhere in this agreement. 13. E,jfid of Termination or FaTiration. Upon and after the expiration or termination of this license, all rights grant to LICENSEE hereunder shall forthwith revert to LICENSOR, who shall be free to license others to use the Licensed Property in connection with the manufacture, sale and distribution of the Licensed Goods or Services within the Licensed Territory covered hereby, and LICENSEE will refrain from further use of the Licensed Property or any further reference to it, direct or indirect, or anything likely to cause confusion with the Licensed Property. 14. Eiacuse for Nonperformance. LICENSEE shall be released from its obligations hereunder and this license shall I terminate in the event that governmental regulations or other causes arising out of n state of national emergency or war or causes beyond the control of the pnrties render perfor. mance impossible, and one party so informs the other in Hriting or such causes and its desire to be released. In such events, all royalties on sales made by LICENSEE shall become immediately due and payable. In the event one of the foregoing causes merely 12 1 s 1 Interrupts the business or LICENSEE, then the minimum performance ievel in effect for that year shall be proportionally reduced by the period of interruption. 13. Notices. 1 All notices and statements to be given, and all payments to be made hereunder, shall be given or made at the respective addresses of the parties set forth below unless i i notification of a change of address is given is writing. If notice Is sent by first class mail, I postage prepaid then the date of mailing shall be deemed the date the notice or !statement Is given. LICENSOR Lisec Utility Marketing, Inc. Suite 1031, Tower II Kansas City, Kansas 6610: City of Denton, Texas ~ LICENSEE Attn: Ernie B. Tu Uos 215 E. McKinney Denton, Texas 76201 16. No Joint Venture. I Nothing herein contained shall be construed to place LICENSOR and LICENSEE it in the relationship of partners or joint venturers, and LICENSEE shall have no power to obligate or bind LICENSOR in any manner whatsoever. d 17. Asskmwnt or Sublicense. i This agreencem and all rights and duties hereunder are personal to LICENSEE and shall not, without the prior written consent of LICENSOR, be assigned, made subject to a security interest, sublicensed, or otherwise encumbered by LICENSEE. LICENSOR may 13 I I i assign its rights unrier this agreement, but shall furnish written notice of assignment to LICENSEE 18. Waiver. None of the terms of this agreement can be waived or modified except by an express agreement In writing signed by both parties. There are no representations, promises, warranties, covenants or undertakings other than those contained in this agreement, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this agreement shall not be deemed a continuing waiver or a modification thereof and either party may, , within the time provided by applicable law, commence appropriate legal proceeding to enforce any or all of such rights. 19. Severability. Should any part or provision of this agreement be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts or provisions shall not be affected by such holding. 20. Applicable Law. This agreement shall be construed in accordance with the laws of the State of Kansas. 14 ' 1 IN WTIMESS VVEUMEOF the parties hereto have caused duplicate originals of this instrument to be duly executed. LICENSOR: LISEC UTILITY aiN[ARKETING, INC ~i 1 By_ O r' Title Date LICENSEE: C~ i ? 1 (wT c B Title Date F- l I IF ! I r i ~g r - i i Y i i L. © 7 sa SCHEDULE A F_~ SCHEDULE B TO BE ADDED TO THE AGREEMENT HAVING THE EFFECTIVE DATE OF ,199b, BYAND BETIVEEN LISEC UTILITY RIARKMNG, INC., (LICENSOR), AND the City of Denton, Texas (LICENSEE) FOR THE USE OF THE FOLLOWING: 1 1. LICENSED PROPERTY defined as follows: "Beeper" Character (as depicted on Schedule A) 1 2. LICENSED SERVICES defined as follows: Including, but not limited to, the uses or the "Beeper" Character (as depicted and described in Schedule A) 3. LICENSED GOODS defined as follows: ; LICENSEE hereby accepts the right and privilege to use the Licensed 1 Property, solely and exclusively, on products approved in writing by LICEN. SOR which include, but are not limited to: Stuffed Animals, T•Shirts, Sweatshirts, Hats, Mugs, Flags, Banners, Buttons, Pins, etc. 4. LICENSED TERRITORY defined as follows: All areas served by Denton Municipal Utilities. b TO BE INITMED: f LICENSOR L )V LICENSEE LICENSED PROPERTY OWNER 1 1, W- 7:%BEEDER LICENSE AGREEMENT ADDENDUM NUMp^,? 1 LICENSOR and LICENSEE hereby agree to the following changes in the attaches Character License Agreement ("AGREEMENT"): 1. On page 2 of the AGREEMENT, line 13, section I(b), the word "LICENSEE" should be changed to "license". 2. On page 3 of the AGREEMENT, line 17, section 2(a), the blanks should be fillers in to reflect a five percent (51) royalty. 3. On page 6 of the AGREEMENT, the following subsection (c) shall be app3nded to section 4: (c) Notwithstanding the provisions of section 4(b) above, LICENSOR agrees not to bring actions in LICENSEE's name, nor to join LICENSEE in any infringement dispute with a third party, un- less LICENSEE is a necessary or indispensable party, as those terms are defined by the rules I of civil procedure applicable to the forum i court. In the event that such joinder is nec- essary, LICENSOR agrees to pay costs of liti- gation and to hire, at LICENSOR'S expense, competent legal counsel to represent LICENSEE throughout the course of the litigation and through any subsequent appeals. LICENSEE re- serves the right to select its own counsel at its own expense. 4. On page 6 of the AGREEMENT, section 5, beginning on line 18, the sentence beginning "LICENSEE shall obtain. . and all - maining sentences within that section are deleted,.as LICENSEEris self-insured. r 5. On page 7 of t2,e AGREEMENT, line 20, section 6, the word "materials" is changed tc "material". 6. On page 9 of the AGREEMENT, lines 17 and 18, the last sen- tence of section 8(a) should be deleted and the following sentence is substituted therefor: All artwork and designs involving the Licensed Property, or any reproduction thereof shall, notwithstanding their creation or use by LICENSEE, be and remain the property of the Licensed Property Owner, which shall be entitled to use the same and to license the use of the same by others. 7. On page 10, line 19 of the AGREEMENT, the word "representa- tions" is changed to representatives". ' 1 8. On page 14 of the AGREEMENT, the following sentence is added to the end of section 20: No agreement as to jurisdiction or venue is implied by this section. 1 CITY OF 4ARELL N, TEXAS V y f BY ~ YU I2~CITY GER LISEC UTILITY MARKETING, INC. BY: '7 C7 TITLE DATE L Page 2 1 LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND LAIDLAW WASTE SYSTEMS I. ~ GRANT For and in consideration of compliance by Laldlaw Waste Systems, ~I hereinafter called the "LICENSEE", with the conditions set forth in this Agreement, and the ordinances and regulati ms of the City Bove m ing the collection of solid waste, the CITY hereby grants to Laidlaw Waste Systems a license to use the public streets, alleys and thoroughfares within the corporate limits of the .lty fog the purpose of engaging in the business of collecting and dlspos?nv of garbage, trash, rubbish, and solid waste rcm any person, as provided in Chapter 12 of the Denton Code of Ordinances, Sec. 12-23 and Sec. 11••24, from locations within t4 - corporate limits of the City. ` II. TERM The term of this Agreement shall be for a per od commencing upon the Ist day of January, 1991, and continuing through the 31st day of December, 1991. I1. NON-WAIVER OF POWERS This Agreement shall not be taken or held to Imply the relinquishment or walver by the CITY of Its power to make other reasonable requirements or regulations, and the CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure In the most ample manner the safety, welfare and accommodation of the public Includ- Ing, among other things, the right to adopt and enforce regulations to protect and prorate the health and general welfare of the pub'Ic from danger and Inconvenience in the management and operation of garbage and solid waste collections, and to provide such service as is contemplated by this Agreement. IV, SCOPE AND NATURE OF OPERATION It is expressly agreed and understood that the LICENSEE shall use suitable containers to collect and deliver for disposal all garbage and solid waste removed by sald LICENSEE. LICENSEE shall, at its own expense, furnish personnel and equllxnent to collect garbage and solid waste from customers. LICENSEE will establish and maintain In an - 1 - I 152/121390054/1 r efficient and business-like manner such scheduled route and special schedules as may be necessary to fulfill the sold waste service require- ments of accounts located within the City. V. RILES AND REGULATIO'IS A. the City Manager may Impose all reasonable rules and regulations as a condition precedent to Issuing a license under this article andmas a condition subsequent to continuing validity. require LICENSEE to comply with regulations governing ng tshepeype of vehicle to be used in collection, required, method and route for transporting said collection, and appropriate disposal locations and Identification of trucks. Such rules and regulations shall be subject to the approval of the City of shal I Council ccmply with such trules ianddregulat regulations wilthinrtenr (10) LICMEE receipt of the rules and regulations. B. LICENSEE may not discontinue service to a comnerclal or industrial Encontainer. forcement City of Denton Code the LICET~E agrees~to anotify without I Division upa. refnoval of container for nor.-paYmnt. I I C. LICENSEE shall furnish CITY a list of the locations of its solid waste customers in the City on a quarterly basis for the purpose of updating the City's photonetrlc index information and to assist the City's Code Enforcement Division In handling litter and debris Ma LICENSEE shall provide violations the City first tie of Ordinances. the CITY with t D. LICENSEE shall arrange for timely collection of large ltems placed beside containers by contacting customer to authorize collection. notifyy the the so Denton CodetEnautrize forcement Division collection, LICENSEE wilthe event Vi. PAYMENTS The LICENSEE shall be responsible for billing accounts and collecting payments from customers. V11. LICENSE FEE In consideration of the license granted in Section I hereof, LICENSEE shall pay to the CITY, at the office of the Executive Director of Finance, in lawful Taney of the United States, eight percent (8$) of its - 2 - 1S2/121390054/2 N 1 the solid xaste collection service fees and gross receipts measured by from any source derived from the revenues collected and other income operation of the solid waste collection service within the corporate limits of the beCit' fore the tv+ertlethC(20th)sofleach~month ibasedCeuPa' the monthly on revenues collected during the previous month. Revenues from the co - lection of comvrcial or industrial waste material which is recycled is Cnot subjecreto the lice waste se 11, f a e container. here is greater than ten percent This compensation shall be in lieu of any other fees or charges Imposed by any other ord inance nai or hereinafter enforred during t of fe hereof, but shall notrellease levthe led, I~NProPertyn ithaynsa or fees for valorem taxes levied, or 1 using the City's landfill. The books and records of LICENSEE shall be open at reasonable times for cordance Inspection by the City Manager or his designee in ac with the j terms of this license agreement. Vlll. VEHICLE IDENTIFICATIOfI i of veh The LICENSEE shall style of. vehilclle 5 which bedy with a make, model hancity 1 operates and the make, lacing clearly legible letters no shall identify each vehicle by D the applicant smaller than six Inches (611) on each vehicle identifying by name. IX. DISPOSAL OF SOLID WASTE Waste The LICENSEE agrees to fli~l site approved; by the State cofdTexasin Tthe he re a sanitary land ific landfill site to be used c CITY ity by theLICENSEE hatranyt time dduringtthe team of this Agreement. X. TERMINATION if at any time LICENSEE falls to perform anysfdee tr ,A rd pore onditions as herein set forth , CITY may, after a hearing r and cancel the license given In Sectlo^requlslte to sucks rev a~°n shall be null and vold• The hearing pr e requisite been given c the shall not be held unt I i notice of such hearing LICENSEE ~)Y registered or certified mail addressed to to the LICENSEE a the address shown on the record of CITY, or personally delivered to LICENSEE, and a period of at least ten (10) days has elapsed since the - 3 - 152/12139005+/3 r i w mailing or delivery of such notice. The notice shall specify the time and place of the hearing and shall include the reasons for revocation of such license. The hearing shall be conducted by the City Manager of the City and the LICENSEE shall be allowed to be present and given full opportunity to answer such charges and allegations as are set out against him in the notice. If, after the hearing is concluded, the City Manager shall determine that the charges and allegations set forth In thls notice are affirmed by the facts presented by the hearing, the CITY may revoke and cancel this agreement and the license, and the same shall be null and void. XI. ~i BOOKS AND RECORDS The LICENSEE shall maintain a separate set of records In a form suffi- cient to identify Its revenues and expenses Involved in collection and disposal of garbage and solid waste within the corporate limits of the City of Denton which shall separate the accounting records of the Denton operation from Its other operations. The CITY may, at any time, cause an audit, elther formal or informal, to be made of the portion of LiCENSEE's books and records representing Its Denton operation or any portion of any of its other operations which may be allocated or charged to the Denton operation. Any additional amount due CITY as a result of such audit shall be paid within thirty (30) days following written notice to LICENSEE from the CITY. XII. I NDEPti I F I CATION; I NS 11RAME The LICENSEE assumes risk of loss or injury to property or persons arising from any of its operations under this Agreement, and agrees to indemnlfy and hold harmless the CITY from all claims, demands, suits, Judgments, costs or expenses, including expenses of litigation and attorneys fees, arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not In any way limit the liability of the LICENSEE. The LICENSEE agrees to carry Insurance during the entire term of this Agreement as follows: ' a. Worker's Canpensatlon insurance covering all employees of the LICENSEE engaged In any operation covered by thls Agreement. b. Automobile and Public Liability Insurance In amounts not less than $1,00,000 per occurrence. Such policies of Insurance shall be Issued by ccmpanles authorized to conduct business In the State of Texas, and shall name CITY as an additlonal Insured and shall Insure CITY In the same general terms and -4- 152/121390054/4 1 . to the same general effect as the foregoing Agreement of the LICENSEE to Indemnify and hold harmless CITY, and certificates evidencing such insurance contracts shall be deposited with CITY. X111. ASS I WIENT No assignment of this Agreement or any right occurring under It shall be made In whole or in part by LICENSEE without the express written consent of CITY. In the event of any assignment, the assignee shall assume the ltabillty of LICENSEE hereunder. XIV. i BANKRUPTCY Tnis Agreement shall terminate in the case of bankruptcy, voluntary or Involuntary, or Insolvency of the LICENSEE. Tn the case of bankruptcy, such termination shall take effect on the day and at the time the bankruptcy Is filed. J XV. RIGHT TO REQUIRE PERFORMANCE The failure of CITY at any time to require performance by LICENSEE of any provisions hereof shall in no way affect the rights of the CITY thereafter to enforce the same. Any waiver by the CITY of any breach of any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. XVI. MISCELL44EOUS I A. If any provision of this Agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect. B. The effective date of this Agreement shall be on January 1, 1991. C. All notices given pursuant to this Agreement shall be deemed suffi- clent, If given in wrlting and delivered on a business day during rarTol business hours, and deemed delivered on the second business day after dispatch if sent by first class mail, certified, return receipt requested, addressed as follows: -5- 152/121390054/5 CITY: LICENSEE: City of Denton Laldlaw Waste Systens City Manager Attention: Herb Allred 215 East McKinney 6100 Elliott Road Denton, Texas 76201 Haltom City, Texas 76117 EXECUTED this _4110day of 19 ell k ATTEST: CITY OF CN i 3 S-_a loy V. Harrell ty Se etary l City Manager ATTEST: LICENSEE: 1 BY Title: --P/✓ Laidlaw Waste Systerts i I 6 - I 152/121390054/6 r - ~--t- , e:wpdocs\69199 1 CONSULTING SERVICES COITTRACT BETWEEN ThM CITY OF DENTON AND J. ROBERT XCLRIN i This Agreement is made between the CITY OF DENTON (City), a ' municipal corporation located in Denton County, Texas, and J. ROBERT MCLAIN, (Consultant) as follows: I. CONSULTANTOS SERVICES A. Consultant shall provide the following services to City: 1. Project water and wastewater revenue requirements for a j five-year planning period, using the proposed 1992 budget as the base-year (o), and estimate revenues required from all revenue sources for the five-year planning period. 2. Use the base-extra capacity allocation process to evaluate the existing w,Ater and wastewater rate structure(s) in terms of adequate andl equitable revenue recovery from the proper sources. 3. Once inequities have been defined, develop fair and equitable rate structure(s) which produce sufficient revenues to meet the City's current and future needs and which will recover proportionately and equitably the costs of services from each customer class, including wholesale customers. 4. If requested, present findings to the Public Utilities Board and the City Council. 5. If requested, represent the City in proceedings before any other interested parties. 6. Develop a procedures manual for the City's internal use containing recommendations for future internal annual rate studies. B. The Consultant's services will be provided in accordance the Workplan, attached as Attachment A and incorporated in this Contract by reference. C. The Consultant shall exercise the same degree of care, skill and diligence in the performance of these sr.,rvices as is ordinarily provided by a professional consultant under similar circum- stances. G II. COMPENSATION TO BE PAID CONSULTANT I A. The City agrees to pay the Consultant for the services performed at an hourly rate of $40.00 per hour, but the Consultant shall not be paid more than Ten Thousand Dollars ($10,000.00) for all services required to be provided under this Agreement regardless of the number of hours required to provide those services. B. The Consultant shall bill the City twice a month for the hours worked to the date of billing and the City shall pay each billing within thirty days of receipt of an undisputed bill. 1 III. TERM OF AGREEMENT This Agreement shall begin on the date of execution and shall continue until all services have been performed and payments made. IV. CONSULTANT IS INDEPENDENT CONTRACTOR The Consultant is an independent contractor and shall not be deemed to be or considered an employee of the City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workers' compensation, or any other City employee benefit. Consultant shall perform the services to the satisfaction of the City Manager or his designee. V. INDEMNIFICATION ' The Consultant shall indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of the Consultant, its officers, agents, employees, and invitees in the performance of this Agreement, and the Consultant will, at its cost and expense, defend and protect the City against any and all such claims and demands. VI. CHOICE OF LAN AND VENUE This Agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. PAGE 2 6 J ~\1 •J 11 / I VIZ. CANCELLATION City reserves the right to cancel this contract at any time upon fourteen (14) days prior notice, but Consultant shall be paid for all services provided up to the date of cancellation. EXECUTED this the day of _ a"taff 1991. C/ jq I CITY OF DENTON, TEXAS 4.EYD 3Y 2/0 HARRELL, CITY NAG R , { ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS 1 LEGAL FORM: ' DEB DRAYO ITCH, CITY ATTORNEY CD e-r~ BY : s~ t J. ROBERT MCLAIN, CONSULTANT BY: L PAGE 3 w e;wpdocs\69109 CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND J. ROBERT XCLAIN I This Agreement is made between the CITY OF DENTON (City), a municipal corporation located in Denton County, Texas, and J. ROBERT E MCLAIN, (Consultant) as follows: I I. CONSULTANT'S SERVICES A. Consultant shall provide the following services to City: 1. Project water and wastewater revenue requirements for a five-year planning period, using the proposed 1992 budget as the base-year (0), and estimate revenues required from all , revenue sources for the five-year planning period. ~ 2. Use the base-extra capacity allocation process to evaluate the ` existing water and wastewater rate structure(s) in terms of i adequate and equitable revenue recovery from the proper sources. 3 I 3. Once inequities have been defined, develop fair and equitable } rate structure(s) which produce sufficient revenues to meet the City's current and future needs and which will recover r proportionately and equitably the costs of services from each customer class, including wholesale customers. 1 4. If requested, present findings to the Public Utilities Board and the City Council. w ' i 5. If requested, represent the City in proceedings before any ; other interested parties. jf i 6. Develop a procedures manual for the City's internal use I containing recommendations for future internal annual rate ; studies. B. The Consultant's services will be provided in accordance the workplan, attached as Attachment A and incorporated in this ? Contract by reference. 1 I C. The Consultant shall exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under similar circum- stances. J . I 1 II. COMPENSATION TO BE PAID CONSULTANT A. The City agrees to pay the consultant for the services performed at an hourly rate of $40.00 per hour, but the Consultant shall not be paid more than Ten Thousand Dollars ($10,000.00) for all services required to be provided under this Agreement regardless of the number of hours required to provide those services. B. The Consultant shall bill the City twice a month for the hours worked to the date of billing and the City shall pay each billing within thirty days of receipt of an undisputed bill. III. TERM OF AOREEMENa' I ` This Agreement shall begin on the date of execution and shall f continue until all services have been performed and payments made. I IV. CONSULTANT IS INDEPENDENT CONTRACTOR f The Consultant is an independent contractor and shall not be ` deemed to be or considered an employee of the City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workerst compensation, or any other City employee benefit. Consultant shall perform the services to the satisfaction of the City Manager or his designee. s V. ~ INDEMNIFICATION The Consultant shall indemnify and hold harmless the City from 3 ► any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of the Consultant, its officers, agents, employees, and invitees in the performance of this Agreement, and the Consultant will, at its cost and expense, defend and protect the City against any and all such claims and demands. VI. CHOICE OF LAW AND VENUE This Agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. PAGE 2 1 W f ' 1 VII. CANCELLATION City reserves the right to cancel this contract at any time upon fourteen (14) days prior notice, but Consultant shall be paid for all services provided up to the date of cancellation. EXECUTED this the day of , 1991. ~ y I i CITY OF DENTON, TEXAS I LLO D V. HARRELL, CITY AGE I ATTEST: JENNIFER WALTERS, CITY SECRETARY i APPRO AS 0 LEGAL FORM: DEBRA DRAYOVITCH, CITY ATTORNEY J i BY: CD. .a 1 f I J. ROBERT MCLAIN, CONSULTANT , ^~ax'CL 1111 BY: i 3 PAGE 3 y ,ff&Lh3LtK CONTRACT AGREEMENT MAY 10 1991 A~WCIMES STATE OF TEXAS COUNTY OP DENTOP )l THIS AGREEMENT, bade and entered into this 7 day of MAY A.D., 1991 r by and between THE CITY OF DENTON DEMN and State of Texas, acting through 1 of the County of thereunto duly authorized so co do, hereinafter termed 'OWNER,' and MAGSETEL ELECTRIC. IBC c/o LEASLER ASSOCIATES, AI of the City of RICHARDSON , County (if DALLAS and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSET9: That for and in r aeration of the payments and agreements hereinafter aentioned, to be to ri performed by OWNER, ac3 under ` the conditions expressed in the bonds bearang even data herewith, COM'RACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: $809.450.00. and all extra work in connection therewith, under the terms as stated in the General Conditions if the agreements and at his for their) own Trope tc ost and expense to furnish all materials, supplies, machinery, eq pmesuperintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditiona, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the Plana, which includes all maps, plats, blueprints, and CA-1 0114s , written explanatory matter thereof, and the other drawings and printed or Specifications tberefore, as prepared by all of which are made a part hereof and collectively evidence and constitute the entire contracto independent Status it is mutually understood and agreed by and between City and Dentond Texshall nct be City contractor employee independent as, for the Contractor dd be that considered an Is purposes of income tax, withholding, social security taxes, vacation or sick 4 leave benefits, worker's compensatioi, ur any other City employee benefit. City shall not bay* supervision and control of Contractor or any employee of specifications h atl the general services o hereunder according expressly to the understood F direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loam, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whoa it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost - and expense, defend and protect the City of Denton against any and all such i claims and demands in accordance with the MagneTet Electric indesmification clause* section TC4 of the p ohoice.of Law and Venue } This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas, The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the proposals subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices yments to be subject to the General and Speforms a cial Conditions of the Contract* CA-2 01140 F IN WITNESS ytgggEOP P the parties of these presents have executed t. s agreement in the year and day first above written. ATTES : CITY OF OWNER / B .~I (S i 1 ATTEST LEE ASSO HALE LLFZMC INC. c o TF~ CONTRA R i - By Title (SEAL) I k APPROVED AS To FORM Attorney i cA-3 0114e 4 - - ' ir - - -T s- • ` 11 ' PERFORMANCE BOND STATE OF TEXAS PWINMPREMMA BASED ON p~emium3se.o9s.ooa oa coven of n~xraN ) FINAL COW I FYA►CT FRfCE Lwow ALL M" By TxmsE PABSENTs, That xwwrnz mcnIC, Inc. sly EAM~n LS%L, IM, , of the City of i101AADEM. County of DALLLS , and State of TRW as PRINCIPAL, and American Motorists Insurance Company as SQRM, authorised under the lava o the State of Texas to act as surety on bonds for principals, are held and firml bound unto the THE CITY OF DMM f as OWiER, in the penal sum Of NUMT s~MWSAn FOn NMR= FIFTY AND 10/l00 ----------Dollars 3-809.450.00 ) for the payment whereof, the sai, Principal and Surety bind themselves and their heirs, administrators, executors. successors and assigns, jointly and severally, by these presents: wsE" , the Principal has entered into a certain written contract ` vith the 0 NFR, dated the day of WAY 19 91 , for the conattruction of _ RLQ /1211 - POM TUN¢FOR aNDI^e SUBSTATION in the aaount of -1%2.450.00. s which contract is hereby referred to and, made a dpart hereof as fully and to the i sane extent as if copied at length herein. HOW, THEREJOaE, the.co ditioo of this obligation is such, tbat if the said Principal shall faithfully perform said Contract and shall in all respects, conditions and sgrsemnts in and by said contract agreed and eovessated by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 E w PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as aseaded by acts' of the 56th Legislature, Regular Session, 19599 and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the game extent as if it were copied at length herein. PROVIDED FURTHER, that if say legal action be filed upon this bond, venue shall lie in lDar- County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specification al ox drawings aceorpeaying the mass, shall in anyvise affect its obligation on this bond, and it does hereby waive notice of any such ebanges to onion of times alteration or addition to the terms of tae contract, or to the work to be performed theraunder, i IN WITNESS WHEREOF, the maid Principal and Surety have signed and sealed this instrument this 21st day of June , 1991 . MagneTek Electric, Inc. American Motorists Insurance Company xiaeipal Surety r. By ~Lrtsa4r~*i'r ~ Sill i J. Shupper, Attorney In Fact Title TS icon narv~ia pie STATE Q,{, CALIFORNIA, COUNTY OF LOS ANGELES S.S on , Y11 2 1 ~9I , before me a Notary Public, within and for the said County and State, personally appeared Willian J. Shupper , known to me (or proved to %ee on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the ATTORNEY IN FACT of and for the AMERICAN MOTORISTS INSURANCE COMPANY and acknowledged to me that he subscribed the name of the AM RICAN MOTORISTS INSURANC CoMPANY•there o as Surety, and his own Dale as ATTORNEY IN FACT. OFFVALs_,, NOTAKY PUBLIC ANA D WLL1 ?AS IC P-41A i~ ALPS, 17i rt:Gf.U:SCGUNTY ~~_~•.rC:c:TI:aI;tE>I,IrtsM:15.1944 NOTEt Date of Bond must not be prior to data of Coatraot. P B-2 0091b i 1W '31FVN~ 1 PAYILENT BOND STATE OF TEXAS X Bond / 3SM 771 008 00 COUNTY Of Dflil N ) KN014 ALL MEN BY THESE PRESENTS1 That xec~ETts MiC. Min. c/o JWLEI BASSO.. ]ZC_^ of the City of 6 iCBA so , County of DALLAS , and State of TE=AS , as principal, and American Motorists Insurance Company authorized under the lava of the State of, Texas to act as surety on bonds for principelas are held and firmly round unto THE CITY Of DRR'Olf , OWNER, in the penal sua of EIcn RnNDRED lIm T8 umn I= WDRED TIM 90/100 Dollars 0 809.450.00 ) for the payment whereof, the said Principal and Surety bind themselves and tb~sir beira, administratora, executors, successors and assigns, jointly and severally, by this presents WHEREAS, the Principal has entered into a certain vritten contract with the Owner, dated the I day of x , 19 91 ' bid 1241 Power transformer and /or Substation package in the amount of $809,450.00 to which contract is hereby referred to and aide a part hereof as fully and to the same extent as if copied at loulth herein. NOW, THEREFORE, TKE CONDITION OF THIS OBLIGATION 13 SUCR, that if the said Principal ahall pay all claimants supplyiaj labor and material to bia or a subcontractor in the prosectioo of the work provided for to amid COOtrmct, than this obligation shall be void, otherwise to remain to full force and affectt ' PROVIDID, HO4ZM$ that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Tens as amended by the acts of the 56th Lapialature, Re=ular Sessions 1959, mad all liabilities on this bond shall be determined in accordance with the provisions of said Article to the maze extent to if it were copied at length herein. PS-3 received, stipulates and egress that no chaa yuLeCy, for value 1 extension of time, alterstion or addition to the terms of the contract, or to the r drawings accompany ni work perio ft thereunder, .or the plans, specifications o does hereby on this Road, and it the gene, shall in +aY hsa aohaffffe, ect its extension of t obligation ime, alteration or addition to the waive notice of gay performed thereunder. terms of the contract, or to the work to be P S iiktFTEOyz the said Principal and Surety have signed and WITWES 21st dl Of June , 19 91--' sealed this iastrvaant this y~ y American Motorists insurance CompanY MagneTek Electric, Inc. ,y.. Surety Principal by Siilli Shupper, Attorney In Fact I Title Tine , Address 7470 N. Figueroa Street Address Los An else, Ca 90041 J 5;;r rat e. ANGELES S•S TATS OF CALIFORNIA. COIJ! R OF LOS roved to me on the basis On ~~N 2 1 X99) , before we Notary Publitn°°p the said County and State, be J. Shupper known to ~ ~r a personally appeared William ) to to be the person whose name is subscribed to the wit tisfactory evidence hin instrument t e AiTORliET IN FACT of and for the AMERICAN !!KORISTS IMSpRANCE COMPANY and thereto as acknowledged to Surety, E COl~AN1 ' that he subscribed the name of ff the AMRICAN HMRISTS IN t V. a d his own name as ATPORMST FACT' A ri~''r: M P C . dE I,P1 D p ~iGwo i, OS►"iGF.LES sT1in6194~ prt nic_, TFB-4 0092b 41AitiTF2~ANC£ BOVD Bond + 3sM 771 008 00-A OF TFrtAS STATE COVN'1''t OF)( TRES, MESWT,S t TVAT 00W AID MN American Motors o s au.ss n P e tats o as principal, aad to bound to pal unto a Corporation nut ° themselves to be held aad its successors rebY owledge theyse o! 'Lucas, o e urety, reby ackn ack2 Corporation of the state TR,)9A S exas, as TeyaS the sum of BIGH'~'F o , Denton, A Denton County, Dollars r aeipsl and the city of and assigns, at Denton, 4 eat Of whit cum aai 9 jointly aad o=t e perm aesaigba, an Tact t e heseselvas, their euccu sore and { Coca amount ° the c surety do hereby bind t ation is conditioned, however, thatt savecally. This oblig o tLZ& AgSO• IIcC• said 14AGIMEK S IC TIiC• KyoDeaton to u SS WHERi I . has this day entered into a written coot=act M t e and construct t ere n meat sae , a opt y e pLas aad s9eci icst oar of said city and are here contract an Secretary part hereof as though the ease City of Denton, eta tilsd with erenceyaad made a expreesly incorporatd ut i nfull herein, ud: specifications, and were Witten and sat o in said plans, good repair VAE8,F1►S under the Will maintain aadriodpo! in one (1) year the it is for a pe that may provided that Contractor necessary she contract, work towszd the work therein contracted to be done and do performed all necessary backfilliug acceptanca thereof and a 40 .11 neces lass the is►proper and arising trod the data of in connection therewith out of or a 14de stood become eceeearY lased by esid co tractor on c repair of any defective c ,,edition grow"' bail co tag by arisia~ 'Conditions being construc tion of the jrproveaents COnt,OVatioa or YO ar covet all detective conditions aad in the same or on account of imp 9 rforsad by said Contract Lain said that the Purpose Of this section is of labor pe s repair , reconstruct os saw xith Said reason of defective a►terials work l fail to do said work is accordance rt Contract case the Said Contractor • shall be said subject isprovemeats it i's `suchdRAte iathe aadty c2ssayarge the Same against the Said contract and svpo~ this ebligaeioa, aadfor said Contractfailuta ont the the &Ad Tov' and its surety i s Of said contract and this bond. each to the damages it said with the contract terms and provie Contractor to Comp Y 'h ttg-1 0093b agreement to aaincai Ncu' RE \ IliL~FC Period of, sAa11 be nuu one null end Year, and keep a 'old me lnnreactor shall perfo ~ force•sod effect, old and have said contract Palr for the maintenance rn its provided no further effect, otherwise, tto remain It$* pr In esent, 1 continuing one agsiast the is further full fa hereon for Principal a agreed that this count auce n give breaches O Surat y and that obllgatioa shall be a that the of this toad aAall have be the coadititha euca aaiv obligation herein ° r the ecoveries 047 ainenance period LO mat a e, sad provided Stu the o ~r' Altaic affectted said xhworkaustedshall it is further understood from &n)' cause conti i duriaiagate said in@, not be ahaaged nue m or '4 , diminished, or ingaaut eaid r ewer sae Presents to a k7 SS *'ZUO! the said gad the said execut as Coats see surety, Assu r°r +n Cruse ere preseata to ' a taus L a aY o gad the eaid dt orneritn Y to dLLoraey., a_ sct 19 ~ Fact has hereunto net' a as j SOUTYr American Motorists I asurance Company pltINCIPALI 8Yt N19neTek Electric, Inc. William J. ~hupper SATE OF CALIFORNIA Personally a , ~CWbef a see--SA1MCELES rur",`~ satisfactor PPeared William a Notary p S•S `J the AT7 Y evi dence) to be the ShvPPer ' within and ORNET IN FA Pe son known to for the said Co that he subscri a of and for theRI+hose me (or proved to me on n the the basis and St th ate, a° Tp °ame is subscribed to his own name as ATthof the I RISTS INSURANCE the within instr me of ldCT,~~ MET INS COMPANY and ackn 0t as `ANCR C ANy. thereto to %F A 9«ICNIC S,Ai 0~(y hereto as Surety 2 . 4A WillfAMS r, -~41(C S hNr~iLFS C~U IC mnxeronEiy:r,~ONry N+r a 1941 00936 tID-1 all , ANiERICAN MOTORISTS INSURANCE COMPANY nrwaL Nome Officol Long Prove, It 60049 IRSURar" POWER OF ATTORNEY rowaals Know All Men By These Presents: r That the American Motorists Insurance Company, a corporation organized and existing under the It s of the State of Illinois, and laving its principal office in tong grove, Illinois, does hereby 1ntN04ea)m9eleeeem*sem"Sol"* William is Shupper of Los Angeles, California Its true and lawful agent(s) and attorneyls)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this paver and ending Oace"ber 31, 1992. unless s r revoked Jole~tpneiksa beh u j~ as surety, and as its act and dead: Any and all bonds and undertak s provlCl Il (i of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($51000,000.00)**** ) EXCEPTION: NO AUTHORITY is granted to rake, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of ■ny promissory rote, uncut, draft or latter of credit. 1 This authority does not permit the mane obligation to be split into two or more bonds in order to bring each such bore within the dollar limit of authority as sat forth herein. This appointment my be revoked at any time by the American Motorists Inn urersce Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Anericar Motorists Insurance Company as fully and amply to all intents and purposes, as if the sams had bean duly executed and acknowledged by its regularly alecied officers at its principal office in Long Grow, Illinois. ( THIS APPOINT141W SHALL CEASE AND TERMINATE KITMOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Oirectors of said Americas Motorists Insurance Company an February 23, 19U ■t Long Grover Illinois# a true and aocwxate copy of which is hereinafter set forth and is hereby certified to by the urdarsigmd Secretary as being in full force end effects "VOTED, That the Chairman of the Board, the President, or any vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power end authority to appoint agents and attorneys-in-fact, end to authorize thew to execute on behalf of the Company, end attach the seal of the Concer+y thereto, bonds and undertakings, reoognizsroes, contracts of indemnity and other writings, obligatory in the reture thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signedo sealed and certified by facsimile under end by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 19881 "VOTED, That the signature of the Chairmen of the Board, the President, any Vice President, cr their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company ann: certifications by the secretary, may be affixed by facsimile on any paws- of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors as February 23, 1968 and any such power so executed, sealed and certified with respect to any bon-1 or ,ndertaking to wlsics it is attached, shall continue to Me valid and binding upon the Company." In Testimony Whoreof, the American Motorists Insurance Coppery has caused this in+tru,went to be signed red its by its authorized officers, this 1_5i-~h- day of Attgllst 19 90 - corporate seal to be affixed Attested and Certified: AMERICAN MOTORISTS INSUP&WE COnPANY I. S. Kemper, III, yen or Vice Pfes,dent F. C. McCullough, Secrerary STA"t OF ILLINOIS SS COUNTY OF LAKE I, Grace E. Corxion, a Notary Public, do hereby certify that J. S. Kerpar, III and F. C. McCullough personally known to ma to be the same persona whose names era respectively as Senior Vice President and Secretary of the American Motorists Insurance Company> a Corporation of the Stets of Illir»is , s-bsrribod to the foregoing instrument, appeared before ne this day in person and severally acknowledged that day being thereunto duly authorized signed, sealed with the corporate seal end delivered the said instrument as the free end voluntary act of said corporation and as their own free and voluntary act for the uses end purpgass ihersin set forth. r,1 OFFICIAL SEW 1 3-.} Grace MY ,111 cl 0 L.;,nas h `Grace E. Cordon, Tatar expires: S-14-94 1 3 "Clary Puekc, , S1lur 1 ► y Public 1' sow CGmr`110M i,:wn S~Ir+a 1 ,~,~.r~vv~osr~~~♦ FN 814-S 5-90 IN i Power of Attorney - Tarw PRINTED Ill U.S.A. i' I z 1 CERTIFICATION I, lea B. McClain, Secretary of the American Motorists Insurance Corpary, do hereby certify that the toched Power of Attorney dated on behalf of 4 A ; is a taw oarreet copy and that the same has been in full force and affect since the dole thareof " is in full force and effect on the data of this certificates and I do further certify that the said J. S. lto "r, III and r. C. McCullough who exoouted the Power of Attorney as Senior Vice President and Secretary raspaetiwly were on the dab of the axooutian of the attached Power of Atlornoy the duly elected Senior Vice President and Secretary of the American ftotorisls Insurance Cw%wV. IM TISTIM0W WWREOr, I have hereunto ubscribed my name and affixed the corporate heel of the American Motorists Inaurvrcs Company an this day of s~ , it 'JO Let B. hSCCla.n, Srcreury This Power of Attrrrey limits the acts of those nnsad therein to tha bonds and urdartakings specifically Hard thwain, and e" hwa no wthority to bind the Company except in the manner and to the extent herein stated. r . I h s ' I fM $36-5 7/66 IM t Y . I CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANC'• Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and ac:epted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver 1 material on this Contract. The certificate(s) shall state that thirty (30) ~ days adv•mce written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, r.nd the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is i ` worth reiterating that: f o Thirty (30) days advance written notice of material change or 111 cancellation shall be given; i o The City of Denton shall be an additional named insured on all f policies. I 1. Workmen's Compensation and Emolo er's Liabilitv. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. . The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall -within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Comoensation - Statutory o employer's Liability - Statutory Ii. Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles lic,,nsed for ;highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of 31,000,000 :11. Comprehensive General Liabilitv. This insurance shall be written in corrprenensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Ccntractor or his agents, employees or subcontractors. ` CI-1 a \ 1 Insurance ~°QUiraments page tWo To the extent that the Contractor s Work, or ork under ,lay require blasting, explosive conditions, or under d the comprehensive general W BLS direction, the no Derations, relative to blastin liability Coverage shall contain underground Property. explosion. collapse of ! buildings, Or exclusion damage to The liability limits shall not be less than: o A combined single limit of ~I,000,000 Owner's Protective Provide coverage for the Insurance ?ol- City of Denton, for Owner I and its emalo o , ns te shall being liability that may Ye-s name work performed by the Contractor be imposed arising out the Although this the omi Th of ssions or supervisory liability acts Contractor i insurance is strictly Esu the is the Owner. is responsible benefit of Con for obtaining L t at his of the Owner, the i The Iiabilie s expense. y limits shall not be less than: I o A combined single limit of $1,000,000 INSURANCE. SUyRY: The contract Period of olashall Provide insurance to cing the facility in cover operatin time as the facilities operation and d g hazards during and wr'tten notice are completed and during testin the of that fact accepted for o- g' and until such insurance by the Owner has been issued y Y reration by the Owner an shall not in y the Owner. Approval of the of the Contractor hereu 'gay relieve or dec not in any lay represent t, I` is e. cease the Policy y .o Oat the spe ~Pressly understood liability ras are su#fic1e cified ts o.` that the Owner does of the Contactor. nt °L adequate Lability or cov r to protect the interest or lieriitQeieos Again, the Owner of shall be given .i ehe above Policies and a certficate of certificate the insurance indicatin (30) shall also appropriate limits are indeed g that alt • days written indicate that the Cwner will be a enforced, the Th e notice of cancellation required insurance even non-renewal, Or at least thirty resulting from any deduc ttibCrage, All resPOnsibilit material change conditions of th le provisions I for payt1Qn of e polic corridor' orridor or c of any sums Contractor shall f or policies shall 'elf-Lnsured re not bin remain with tendon the insurance ei an' 'work until the Owner t'e itina Contractor, The LCates has rev'Ls Any no and so tice notified the -wed and aPOroved approval by the CO O proceed that contractor dirc. s+ne;. is issued shall be subjectto such CI-2 ` 01/13/87 c i Name and Address of Agency City of Denton Reference: Project Name: _ Project No: • 1 Phone - Project Location: _ Managing dept: Name and Address of Insured: Companies Affording Coverage: A B Phone C - This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. r, any Expiration Limits of Liability letter Type of Insurance PoI!c Number Date In Thousands 000 Carorehensive General Liability Occurrence - Occurrence - Claims Hade (see 14-Page CI-4) Bodily Injury S S Broad Form to Include: Property Damage - Premises/Operations - - I - Indeperxlent Contractors - Products/Ccrpieted Operations Bodily injury and Property - Personal injury Ounage CLftined S - COnLractual Liability(sec U -Page CI-4) Explosion and Collapse Hazard - Underground Hazard Liquor Liability Coverage Fire Legal Liability (see 45-Page CI-4) - Broad Farm Property Oama9e - Professionil Errars/omissions - occurrence claims made (see a4-Page CI-4) Comprehensive Automobile Bodily Injury/Person S Liability Bodily Injury/Accident S - Owned/Leased Automobiles Property Damage S - Nan-owned Automobiles - Hired Automobiles Bodily Injury/Property Damage C xrDirad S - Workers' Carpensation and Statutory ,Vnount r Employers' Liability eac+l-acr nt - Owners' Protective Liability S Other Insurance Description of Operations/Locations/Vehicles. Fach policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See 12, Page CI-4). Name and address of Certificate Holder. - - __-UAT1_MUED-._-___-._--. CIIY OF DLN10N, TEXAS PUNCHASING AGEIII AU~OT(I7ElftEl'IiF FATlY~ 701-6 1EXAS S1. DFN1O11, IEXAS 16201 S[E GEHlNIlI0C15 ON PAGE CI-4 AiIACHFD. CI - 3 W r. ~I 1 . 1 DEFINITIONS ADDITIONAL INSURWll: The City of Denton, its electea ana ' apuGlfitea OifiClalS, officers df:0 employees, (This 00es not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (3u) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall oe given to owner by certifies mail. if the policy is cancel lea for non-payment of premiam only ten (10) nays written notice to Owner is required. i 3. Mq RACTURAL COVERAGE: (Liability assunea by contract or agreement, and would not otherwise exist.) :he contractual liability requirement shown on the reverse side of this Certiricate of Insurance under Conprehensive General Liability, must include a definition of :,overage broad enough to provide coverage for ooligations assunea oy the contractor in the referenced contract. :his Certificate of Insurance is provided as required by the governing contract, 4. CLAIMS 1ADE POLICY FORA: 3equirea period O*_ :Overage will be determines by the following formula: Continuous coverage for the iire of tte contract, plus one year (to provide coverage for the warranty per4ca), and a extended di_covF _ry period for a minimum of five (5) years •.hicn shall begin 3c the end of the 4arranty period. 5. FIRE LEGAL LIABILITY: lRequirea in all contracts Chat involve the 0cCUpanc;r constructi0h or alte.a"ion o* .:ity - owneLl or leasea facilities.) Insurance is to cover OU1.IC1ngS, contents (where aupiicable) and permanently installed equipment with respect co property uamage to structures or portions of structures if such damage is caused by the peril of rire ano aue to the operations of the contractor. Limit of liability is to oe a minimum of $500,000. ` o, 0 'IN1;Z.A: the term owner shall include all Author it;nt I ooares, nureaus, commissions, (Divisions, eepartments, a Orfiees or the owners, arc ineividual members, employees, ano agents thar°_of in their official capacities, and/or .chile acting on oehaif of the owner. CI - r--r =s-- ---w+- KEASLER Enginezrs KEASLER ASSOCIATES, INC ,+i, 2907 SL Andrew-, - Richardson, Teas 75082 Consultants L!\L1`~ PHONE 12141 669-4000 Sales FAX 1214) 669-4W ASSOCIATES April 4, 1991 j1 i E City of Denton 901-B Texas Street Denton, TX 76201 Attention: Mr. Tom D. Shaw, C.P.M. Purchasing Agent Subject: 15/20/25/(28) Arco Substation City of Denton Bid 1241 MTE Proposal PDS-358650 Revision 1 Dear Mr. Shaw: Thank you for giving us the opportunity of quoting on this requirement. Enclosed is the original and one copy of our formal proposal. Also I i enclosed is a guide "Calculation of the Total Cost of Ownership" which h lists several costs associated with installing, operating and maintaining the Arco Substation. We respectfully request these tangible costs be factored into your bid evaluation, in addition to items A through I listed on page 69 of your specifications. Thank you again for the opportunity of quoting on this equipment. If there are any questions concerning this quotation, we will be pleased to discuss them with you. We would appreciate receiving your purchase order. Very truly yours, MAGNETEK ELECTRIC, INC. c/o KEASLER ASSOCIATES, INC. S'd Keasler, P.E. President SK/kk cc: Mr. Carlos Fox Mr. Cy Benisch i s s. 4W 'Xmqpw~ Page 15 of 98 Bid Number: 1241 PROPOSAL City of Denton, Electric Utility Department, 901 B Texas Street, Denton, Texas 76201 ATTENTION: Mr. Tom Shaw, Purchasing Agent ' PROPOSAL FOR: I. Power Transformer II. Substation Package - Control Panels, Disconnect Switches, Battery & Charger, Substation Steel Structures, Circuit Breakers, Insulators, Grounding Materials, Potential Devices, Circuit Switcher, Rigid Bus, Bus Fittings & Jumpers, Lightning j Arresters, and Enclosure. I BID NUMBER: # 1241 GENTLEMEN: The undersigned bidder having read and examined these specifications and associated contract documents forttheequabove ipment designated equipment does hereby propose and provide the service set forth in this Proposal. All prices stated herein are firm and shall not be subject to escalation provided this Proposal is accepted within sixty (60) days. I The undersigned hereby declared that the following list staattes any and all variations from, and exceptions to, the requ of the contract documents and that, other-wise, it is the intent ~l of this Proposal that the work be performed in strict accordance J with the contract documents. SEE MAGNETEK rFrrmvrc~c pROPOSAILP REYTCTON I FOR E7frFPTTONS CLARIFICATIONS AaD ALTERNATE BID ITEMS. 1 lip Page lb of 98 Bid Number: 1241 bidder hereby proposes iFOB, nDentonr l The undersigned ~ Substation Package complete CONDITIONS, Article and associated GC-1, , in accordance with these specifications TexasTransfcontractormer and/or documents listed CenofENERAL for the firm lump sum p D A £ GHT HU AND NI us DOLLARS (;809,450.00) (Price in Words) declares that only the persons or firms The undersigned hereby sal as principal or principals are named { interested in the Prot persons or firms that herein mentione 1 herein, and that no other veal or in the contract Agreeme { have any interest in this Prof sal is made without connection to be entered into; that this PrOPc arties likewise submitting a with any other person, company► or p cts for and in good bid or proposal; and that it is in all isge sal is accepted, faith, without collusion or fraud. If this wings and engineering { the undersigned bidder agrees to submit drainlete delivery of data in accordance with Section iC and to comp ping schedule equipment and materials in accordance with the that the time of specified. The undersigned fully unders equipment and materials delivery E drawings and data submittal and is of the essence. 2ND day of APRIL Dated at WAUKESHA, WISCONSIN this 1991. ` Bidder' MAGNETEK ELECTRIC ' By C• ~ r ' Qi'Yw~C//\ C: S. BENISCH Title Attest: . .,~.•orc dVFTSSiF. Business Address of Bidder 400 s0~ W W error xSIN State of Incorporation Address of Principal Office SAME AS BUSINESS ADDRESS w 1~ J 1 rage 0- - Sid Num-ber: 1241 PROPOSAL DATA information on the proposed al: equipment The following with the 1,0 GENERAL• be submitted ipment and materials shall b proposed equipment. A complete description of all a list of recommended Bidders shall submit al maintenance 2.0 SPARE PARTS• er should stock fora o zed in the spare parts which the Own The spare parts list shall be ors purposes. 1 following format! Unit Price No. required item The information required on this following of the Proposal. EQUIPMENT DATA' er in evaluation pages is to assist the own detailed shall not elieve othea his data listed herein responsibility for meeting the requirements Of The entries.usinq specifications, cr type Write entries boldly with black i Note: carbon black ribbon. r i i L 1W qff- s Bid Number: 1241 Page IS of 98 I. POWER TRANSFORMER MAGNETEK F.L.F.('TRIG (Bidder's Name) i Class OA/FA/FA Gallons of oil 5.580 • Gallons of oil shipped external to ' transformer 400 I Total shipping weight, lb 131,000 Total weight of assembled transformer including oil, lb 131,000 Weight of tank and fittings, lb 33,600 Weight of oil, lb 41,900 I Weight of largest piece for handling during erections, lb 120,000 Will transformer be shipped completely assembled NO If not, what parts will require field BUSHINGS, RADIATORS, FANS, RAPID assembly PRESSURE RISE RELAY, BUSHING TERMINAL( SURGE ARRESTERS, GROUND CABLI Fans Pumps Tota I Power requirements of cooling o.0 - 0.0 equipment at 100% rated load, kw Maximum calculated sound level, at rated 650 C FOA or FA load, decibels 75 - 75 Approximate dimensions Height, inches 216 Width, inches 181 Depth, inches 173 Unit Price for each additional identical Power Transformer NOT APPLICABLE w Bid Number: 1241 Page 19 of 98 . 1 MAGNETEK ELECTRIC Last date an identical Power (Bidder's Name) Transformer unit could be cancelled without penalty if ordered. NOT APPLICABLE Price adder for the short circuit i tests $ 72,000.00 i No load loss at 550 C OA rating, kw 110E rated voltage, kw 22.5 1003 rated voltage, kw 15.8 903 rated voltage, kw 12.3 i 753 rated voltage, kw 6.8 503 rated voltage, kw 2,4 , 253 rated voltage, kw 0.8 Total loss at 55° C OA rating, kw 1103 rated KVA, kw 69.4 1003 rated KVA, kw 60.1 903 rated KVA, kw 51:7 i 753 rated KVA, kw 40.7 ` 503 rated KVA, kw 26.9 25t rated KVA► kw 18.6 ' ' Total loss at 550 C FA/FA or FOA rating, kw 1103 rated KVA, kw 164.7 1003 rated KVA, kw 138,9 903 rated KVA, kw 115.5 753 rated KVA, kw 85.0 503 rated KVA, kw 46.6 258 rated KVA, kw 23.5 F Bid Number: 1241 Paga o: I MAGNETEK ELECTRIC (Bidder's Name) Guaranteed efficiency at 55° C OA FCC=c~~O7C rating 1001 rated load, 1 99.60 751 rated load, 1 99.64 501 rated load, 1 99.64 253 rated load, 1 99.50 Exciting current in 1 of full 55° C OA rated load current at 1103 rated voltage 1.0 I 1003 rated voltage 0.5 l 903 rated voltage 0.25 REGULATION fmpedence-?f-vftd1mq at nameplate 550 C OA rating I k 1001 power factor, 1 0.56 ` 801 lagging power factor, 1 4.73 803 leading power factor, 1 - 3.92 High voltage bushing Manufacturer and type Ass 0-PLUS C Guaranteed date of delivery 48 WEEKS ARO 1 f Bid Number: 1241 Page 21 0:: ~ Ii. SUBSTATION PACKAGE MAGNETEK ELECTRIC (Bidder's Name) Manufacturer Type or Catalog No. SECTION 3A - CONTROL PANEL , Reference detailed specification MAGN, ETEX SECTION 3B - DISCONNECT SWITCHES 11 Reference detailed specification AsB TTR-6 145 6 15 KV I SECTION 3B - BATTERIES AND CHARGER Reference detailed specification ABSOLYTE OR NIFE 45A OR RED LAMARCHE A12B SECTION 3C - SUBSTATION STEEL STRUCTURES Supplier's name LATER - AFTER ORDER PLACEMENT Estimated total weight of LATER - AFTER ORDER PLACEMENT steel, in pounds 44-48 WEEKS, ARO Delivery Date List structures which require AVAILABLE WITH FINAL DRAWINGS field assembly and describe shipping sections for each. SIX WEEKS BEFORE SHIPMENT Anchor Bolt Delivery Date r--s ` r- T d i page o~ J~ Bid Number: 1241 MAGNETEK ELECTRIC (Bidder's Name) Manufacturer Type or Catalog No. SECTION 3E - CIRCUIT BREAKERS , Reference detailed specifications ABg VHK- 15 SECTION 3F - INSULATORS THIS INFORMATION AVAILABLE WITH Station Post Type Suspension Type APPROVAL DRAWINGS l i SECTION 3G - GROUNDING MATERIALS Ground Rods DENTON Split Bolt Stud Connectors 3 Guaranteed Date of Delivery of all supplies - i i SECTION 3H POTENTIAL DEVICES Reference detailed specifications GE OR EQUIV. JVM OR EQUIV. SECTION 3H - HIGH SIDE PROTECTION Reference detailed specifications MAGNETEK ELT-145 i c s• r Page 23 of 98 Bid Number: 1241 *MAGNETEK ELECTRIC (Bidder's Name) i Manufacturer Type or Catalog No. SECTION 3J - HIGH SIDE PROTECTION MAGNETEK HLT-145 Reference detailed specifications 3K - RIGID BUSES, THIS INFORMATION WILL BE PROVIDED BUS FITTINGS WITH APPROVAL DRAWINGS & JUMPERS Conductors Cable ~ IPS Bus Connectors i Fittings i SECTION 3L - LIGHTNING ARRESTERS TYPE PVR Reference detailed specifications OHIO BRASS - i SECTION 3M - WEATHERPROOF ENCLOSURE j ` - Reference detailed specifications MAGNETEK - r f 1 / I Tj~ 1 {[e 1 CONTRACT FOR SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND MIDYE SERVICE INC, t { The City of Denton, Texas, a Home Rule Municipality situated in Denton County, Texas, hereinafter called "Cityl', acting herein by and through its City Manager, together with ![iguz4Tm SBBVICE IHC hereinafter called "Contractor", hereby mutually agree as follows: I T. GOALS AND OBJECTIVES City wishes to hire contractor to clean and degas its primary anaerobic digester at City's Pecan Creek Water Reclamation Plant located at 1200 Mayhill Road, Denton, Texas. The parties desire to complete this task as safely and expeditiously as possible. Pursuant to this desire, city requires all work to be performed in compliance with safety standards prescribed by Federal, State and Local regulatory bodies, prevailing industry standards, and the ` attached City specifications. The parties agree that all work it shall be completed within 20 days of commencement. CON'TRACTORIS SERVICES Contractor shall render services necessary for the development of the Project as outlined herein. The scope of work which Contractor agrees to perform is set forth in specification BEA-5015, attached as an exhibit and incorporated by reference herein. Contractor shall exercise the same degree of care, skill and ' diligence in the performance of these services as is specified in the attached exhibits. To the extent that Contractor's care, skill performance and diligence is not specifically governed by the exhibits, Contractor agrees to maintain standards consistent with those ordinarily provided by a professional contractor under similar circumstances. Contractor shall, at no cost to owner, "reperform" services which fail to satisfy the foregoing standard of performance. III. TERM OF AGREEMENT Contractor shall conmence rendering services immediately upon execution of this agreement. This agreement will continue to be in effect until all terms have been satisfied. 1 F 1 IV. ti COMPENSATION TO BE PAID CONSULTANT City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of payment for services: completion of the services specified in sum of For satisfactory the exhibits, Contractor shall be entitled to a lump ` B. Date of Payment: will pay Contractor within thirty (10) days of City provided for herein and receipt of services invoice completion from ofContractorP V. SUPERVISION AND CONTROL BY CITY and reed by and between City a It is mutually understood and agreed contractor and shall contractor that Contractor is an in eP withholding, social income tax,yee of the City worker's urses of considered to not be deemed to be or Denton, Texas for the purposes sick leave benefits, security taxes, vacation or any other city employee benefit. City shale not compensation, have supervision and control ofuContractor or that Contractor employee oy o sal l Contractor, and it is expressly to the attached prop perform the services hereunder accorManager of the City of Denton r the general direction of the City reement. or his designee under this ag o VI. SOURCE OF FUNDS agreement are to be paid by All payments to Contractor rot under rioted this by the City Coiincil for such the City from funds appropriated he City of Denton. ~ purposes in the Budget VII. INSURANCE shall provide at its own cost and expense worker's Contractor liability insurance, and all other to protect Contractor in the operation of compensation insurance, insurance necessary Requirements attached conform retoo•the C of Denton u Minimum InsuranceaReq P City ty PAGE 2 1 F i e i VIII. INDEMNIFICATION Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of this agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. IX. CHOICE OF LAW AND VENUE This agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. X. CANCELLATION City and Contractor each reserve the right to cancel this agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel. before completion, the city agrees to If the compensate agreement efor services provided and expenses incurred prior to notice of cancellation. XII. SEVERABILITY CLAUSE If any section, subsection, paragraph, sentence, clause, phrase or word in this agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. EXECUTED this the r.90"-day of 199. CITY OF DENTON, TEXAS B Y V. HARRELL, CIT MANAGER PAGE 3 NI ATTEST: JENNIFER WALTERS, CITY SECRETARY el, BY: dbd APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOOVVITCH, CITY ATTORNEY CONTRACTOR / BY : c i f ATTEST: t.< BY : 1LJ 7 ~u nec,ncrcon r SVE MCKINNEY 3 1 "G .Z M PAGE 4 I G 1 r SPECIFICATION NO. B£A-5015 TANK CLEANING 1 1.0 SCOPE OF WORK 1.1 Contractor shall provide all labor, supervision, ser- vices, materials and supplies to clean and degas the tanks listed on Exhibit I of this Specification in accordance with the provisions of the Contract. E 1.2 Contractor shall clean and degas all tanks in accordance with API 650, APT 6,40, APT Publication 2015, ANSI z.88.2, and with any and all applicable OSHA and ANSI safety standards. 1.3 Prior to turning the tanks over to the Contractor, the city will pump-down each tank as low as possible with existing pumps, lock out and either physically blind-off the suction/fill line or remove a valve or spool piece to tank, and remove at least one manhole cover. 1.4 The Contractor shall clean and degas tanks to a condition acceptable by the City. The City will determine when tank is sufficiently cleaned and degassed. ~f In no case shall entry into a tank or onto a floating roof be permitted unless authorization has been granted by the City. . 1.5 Contractor shall remove any tank openings needed for access to the tank, such as manhole covers, door sheets or flanges, except for the manholes opened by the City. Contractor shall reinstall removed manhole covers, door sheets and flanges to a leak free condition according to API Standard 620 and API Standard 650. 1.6 Contractor shall not spray water or steam unless the nozzle is grounded to the tank. ~I Contractor shall supply its own pump. water may be available outside of the firewalls from the fire fighting system on a prearranged basis. When notified by any City representative that an emergency exists, the Contractor shall immediately disconnect from the fire fighting system. No adjustment in time or money shall be made for non-availability of the fire fighting system water. 1.7 Contractor shall provide for regular pick up and disposal of the tank bottom residue and any additional miscellane- ous solid waste, including household garbage, consum- ables, cleaned slicker suits, et cetera. Contractor t J . shall not dispose solid waste in the City's receptacles ~ or on City property. Any solid material removed from the tank and any absorbent (sawdust, chips, sand, etc.) shall be removed at the Contractor's expense. No solid waste, tank material, or absorbent shall be removed from City property until the City *tepresentative has approved of the transportation v%hicle, the transporter, and the final destination. 1.8 Contractor shall not add chemicals to the tank to assist in cleaning. 1.9 Contractor shall keep the work area clean at all times. At the end of each day, Contractor shall clean the location before leaving the site. Upon completion of work, Contractor shall leave the job site clean and orderly, removing all wastes, scraps, unused materials, tools, supplies, etc. 1.10 Contractor shall obtain and furnish evidence of all permits, licenses, etc. required by any regulatory authority prior to performing such regulated work. 1.11 Contractor may use no more than 100,000 gallons of additional fluid per 1,000,000 gallons of sludge to aid in the removal of the material from the Digester. 1.12 Contractor shall pump all material in the Digester to the drying beds or to the temporary containment area located ' no more than 700' from the Digester. This entire process shall not exceed 20 working days from the time contractor arrives at work site. 2.0 GENERAL REQUIREMENTS 2.1 Contractor shall maintain its own independent safety program, supplemented by OSHA and ANSI standards, and the Independent Contractor Safety Practices Guidelines. Contractor shall demonstrate that Contractor's personnel are adequately trained in safe entry procedures. City reserves the right to review the Contractor's rescue methods. City's Representative may also requiro additional safety meetings at any time. 2.2 Each of the Contractor's employees and subcontractors (if any) wi'.1 be trained in and familiar with proper safety PAGE 2 precautions for controlling the hazards associated with tank cleaning. one of the two standby persons must be trained in both card iopulumonary resuscitation (CPR) and first aid training. All personnel are responsible for conforming to applicable OSHA and ANSI safety requirements. 2.3 No sources of ignition are allowed within the work area or in other areas where flammable vapors may be present until the sludge has been removed from the tank and the tank is vapor free. The term "source of ignition" includes, but is not limited to, smoking, welding, electrical and internal combustion engine equipment, and personal items, such as matches and lighters. If such equipment must be used, it shall be placed well away from the tank and other open tanks, preferably upwind from the vapor source to minimize the ignition hazard. if equip- ment must be used inside the firewall•and it is safe based on measurements of percent LFL inside and outside the tank, wind speed, and direction, City may approve a separate Work Permit for the equipment. Contractor's vehicles equipped with catalytic converters are restricted to normal roadways in the work area. Lighters, matches, flints, etc. shall be allowed only in iI designated smoking areas. 2.4 Contractor shall use its own equipment to test and verify that the atmosphere is safe for confined and enclosed space entry according to its independent safety program. Stricter individual requirements of the Contractor's independent safety program will control over less strict standards mandated by law, industry practice, or this specification. 2.5 Contractor shall provide equipment to independently test for flammable vapor, oxygen, light hydrocarbon, and safe temperature parameters. Contractor shall provide two standbys while the City Representative is testing the atmosphere of a confined or enclosed space. No one may enter a confined space until a rescue method has been established, the atmosphere tested, and authorization granted. 2.6 Only respiratory protection equipment jointly approved by OSHA and other regulatory entities having jt',risdiction, and selected in accordance with ANSI Z88.2, may be used. If air is to be supplied from the atmosphere, the source of air for supplied-air respirators should be located on the upwind side of the tank opening so that only fresh, PAGE 3 I I uncontaminated air will be supplied. Everyone wearing supplied-air respirators shall have at least one five (5) minute escape or egress bottle. 2.7 Contractor shall make available instructional written operating procedures for respiratory equipment at the job site. Face pieces shall be cleaned frequently. A tight face-to-mask seal is required for the safe use of most types of respiratory protective equipment. None of the Contractor's personnel who supervise or oversee the work Plant may have Water at the Pecan beards, moustaches, or sideburns awhich nwould contact any k mask. 2.8 Workers shall use rubber (preferably neoprene) boots, gloves, and impervious jackets and pants to assist in preventing absorption of contaminates through the skin. Workers shall wear hard hats on the work site except while in vehicles, station buildings, or offices. Workers shall wear full coverage eye protection equipment while scraping, cutting rivets, or spreading sawdust or other absorbents. 3.0 Successful bidder shall be required to execute the attached contract for services. PAGE 4 I t, Y S • I ~ EXHIBIT - NOTICE OF SEARCH POLICY No illegal or unauthorized drugs, intoxicating beverages, firearms alcohol are allowed on City premises or work locations. imulants or "Illegal drugs" include marijuana and other substances classified by State or Federal law as controlled substances, and which are not prescribed for the person possessing them by a licensed physician. "Unauthorized drugs" include prescribed drugs brougho on t Cithe premises without prior notification to and approval and excessive quantities of prescribed drugs which may adversely affect performance or behavior. As a safety precaution, and to prevent theft of property. entry into or upon any office or work location of the City iany npersonal upon the city's right to search the person, effects or vehicle of any person for illegal or unauthorized drugs, intoxicating beverages, firearms or weapons, while the person i remains on City property. From time to time, and without prior announcement, searches by , authorized City representatives may be made of anyone es gaud leaving the premises of the City, including City employees employees of contractors doing business with the City. Illegal or unauthorized drugs, intoxicating beverages, firearms, weapons or City property discovered as a result of a search may be confiscated and may be turned over to appropriate law enforcement officials. be denied Persons refusing to submit to searches u will to searchesccess be will City premises. Employees refusing and including discharge. subject to disciplinary action, up to End of Exhibit PAGE 5 I 1 1 CONTRACT NO. ti EXHIBIT - RANDOM SECURITY SEARCH POLICY The City requires that all personnel working in its operations be mentally and physically capable of performing their assigned duties competently and safely. This safety rule prohibits the possession or use of illegal or unauthorized drugs, intoxicating beverages, firearms or weapons in all City work locations. In addition, the 1 City has occasionally suffered the loss of equipment and confiden- :ial data from its work locations. Such losses cannot be tolerated. To ensure the safety and preclude the loss of the City property, the City will be conducting random inspections to enforce compliance with this policy. i To facilitate compliance with the City's policy, you are requested to take the following steps: 1. Advise your employees and helpers about the City's policy of inspecting without prior notice, and the resulting banning of such person from City property. 2. Give to each employee a copy of the enclosed "Exhibit-Notice f of Search Policy" for his reviQw. f 3. screen your employees and subcontractors before assigning them to City work locations, bearing the City's policies in mind. As advised in the attached Exhibit-Notice of Search Policy, con-tract personnel found to be in violation of the above policies will be immediately removed and thereafter barred from entering any City work location. As noted, any illegal or unauthorized drugs, intox-icating beverages, firearms, weapons or City property discovered as a result of these City inspections may be confiscated and turned over to the proper law enforcement officers, if appropriate. If your contract personnel fail to comply with the City's policy, it may become necessary to take remedial action, termination. Yout, ' cooperation in implementing and enforcing this policy is appreciated. Understood and accepted this day of 1990. ~ Firm Name tankcteanspe PAGE 6 I CITY OF DENTUN 4 INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintai[i until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also l~ be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: E o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. 1. WORKMEN'S COMPENSATION AND EMPLOYERS LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. ' The liability limits shall not be less than: o Workmen's Compensation - Statutory 0 Employer's Liability - Plus $100,000 per accident per employee, $500.000 policy limit for occupational disease. II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: 0 Is combined single limit of $1,000,000. CI - 1 3540s III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability { coverage shall contain no exclusion relative to blasting, 1 explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $1,000,000. j ' INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the adequate liability does not ocoverage or way represent sformsharetsufficienteor limits to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 3540s 1. CERTIFICATE OF INSURANCE C17Y OF DENTON i j Name and Address of Agency City of Denton Reference: I Project Name: Project No: - - Phone - Project Location: :Aanaging Oept: - Name and Address of Insured: Compani es Affording Cove rage. , A - - B Phone C - This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. r,mpany Expiration Limits of Liability i otter Type of Insurance Policy NEUmber Date In Thousands 000 - i OCCUrr~nca Comprehensive General Liability Occurrence - Claims Made (see 44-Page CI-4) Bodily Injury S - i Broad Form to Include: Property Da ugc S _ yrwises/Operations - independent Contractors Bodily injury and Property I - Products/Completed Operations Damage Combined 3 I - Personal injury - - Contractual liability(see 03-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard Liquor Liability Coverage - Fire Legal Liability (see 05-Page CI-4) - Broad Form Property Damage _ _ - - - - Professional Errors/Omissions - occurrence - claims made (see 04-Page CI-4) - - Comprehensive Automobile Bodily injury/Person S Liability Bodily' injury/Accident S.- Owned/Leased AuWa obiles Properly Oamage - s. _ nad AutwobilCS -Nun a s i1 1n'ur /Prr y crty i Hired Automobiles Bod y ) y p I Damage Ccrt,ircd S _ :brkers' Compensation and statutory ATOcunt Employers' Liability eac~accsCent Owners' Protective Liability s )ther Insurance Oescription of Operations/Locations/Vehicles. ~dl:h policy shall nrluire thirty (30) days notice of cancellation, nun-renewal, or material change in cover a c. (Sac .2, Page CI-4). Name and address of Certificate Holder. _ jiy P,CI•ls:.'!li h(ic'll - ~AUIiIC4171a1 ESi:'Ti1T!!c ! tXA5 51 . I r t 1 DEF IA1'f1Jt1S i, AUJI.~CNAL INS'JAEL) The City of Denton, its elected a,.c i appointed GiflClalo, officers and employees. t'2his noes not apply to loorker's Compensation.) 2. 140-.,'ICE OF CANC::LLATION: Each policy shall require that tnirty (30) days prior to the cancellation, non-rene'.+al, or any material change in coverage, a notice tnereor s'nali :t to o'.lner by certifiea mail. If tr•e policy is , .riven = a cance11ea for non-payment of premium only tan 1101 written notice Lo owner is requirec. 3. CQIiiRAl.ll.Ik2At.COVL.k.al7G: (Liability assumea by contract or ::;e contraCtua ~ dyreeluenC, and wGUia not OtherwiSeh~ k LBVP)CSe SiCe 0. L.nis liability requirement shown on ',ertiricate of Insurance under Cooorehensive janerxl Llability must incluoe a definition of coverage Oroad enough co provide coverage for ooligations assunso ')y the contractor in the referenced contract. Tnis Cartiricate o: Insurance is provided as required by the governing contcac-. i 4. CLAI%S :1ADB 2JLICY Requireo period f omina: _o eraq. will oe determinea Uy the col owing Continuous coverage for the life of the contract, pli one eyea: xter.dto provide coverage ror the :warranty period), .anion discovery pEriou tor a minimum or five (5) y rs shall oe3in at the end of the aarrant1 parioo. 5. F1'4L LLGA:, LIA9ILIPY: kRecuirec in all contrac`s tt f i or, i.-wive the occ'li ar.Ct, Ccnstrac:ion or alCe:'CO COV_i 'icy-owneu or leased faCi:lCi?S•1 Insurance Contents kw .ar-a a;plicaGl3) and :.ernianensly installed SLall equipment 1Cn respect to GCOD2rty tidVtldgc co structures or portions of StrucCUres if such damage is caused oy the peril Or Lire ano cue CO the. operations or tt:e contractor. L:mit oz lia01-lily is Co Ge a minimum of ~fu0,000. C o m 0'.:.^.c r 3:a-- _nc1'SCe 9,. d'1t'norit4 es, ision s, ce?art,.,ents, a14 C ? a 1 S C Oia:"I i . :•OarGSr SS:C.n on S , - _ '_:1G'_'lldilac :;:ell0?Ca, 4 'L off1~.•?s C^e O'.wne-s, 3..^.d s 7aCi:i?-, `r un0 agents o: f °r t M~duaestern 4247 Pssw Drlw ~ 000100010 P.O. Boa 58 Awth 1'"as 76739 \ P.O. Ormw 1396 FrWdswood. Tat" 77546 phom (512) 476 4401 snydw.Twa7W$ P}gM (I13)~e600 ~r~j-51~~ p~ (916) 673.6365 FAX (512)200 3611 FAX (915) 673-03!7 FAIT (713) 998-0945 1 October 21, 1991 purchasing Department City of Denton 901 8 Texas Street Denton, Texas 76201 Dear Sir: ortunity Midwestern Services Inc. is pleased to have thop your bid to bid the cleaning of your anaerobic digester, number 1292. Due to the postal service delay in our oco nce of the bid package 'Re were unable to gel. certificate on the city of Denton forme in time to mast the bid deadline of 2:00 P.M. 10/22/1991. However w wewill h v the those to ycu prior to beginning the Job if are successful 'Adder. Midwestern's current insurance meets or i exceeds your requirements. The area we do not feel we can guarantee as per your bid request: 1. Goals and Objectives all work shell be complete within 20 days of commencement. 1 Midwestern is unable to determine the total Vollume ever Of I material to be removed from the anaerobic digester. the total could be as high as 1,100,000 gallons and could require as much as 80 days. Midwestern will guarantee to begin work and continue in a workman like manner until the job In complete. The preceding paragraph shall be included as an exhibit to the final bid and contract should Midwestern be the successful bidder. Sincerely Philip Kitm l Midwestern Services Inc. 1 PURCHASING DEPARTMENT BID !NVITATIWI 1 City of Denton , 901.8 Texas St. CITY OF DENTON. TEKAS Denton, Texas 76201 pate 10-3-91 BID NUMBER 1292 BID TITLE CLEANING OF ANAEROBIC DIGESTER Sealed bid proposals wiil be received until 2,00 p.m. I 1 q 91 OCTOIIERI2r at the ottice of the 1 __-------Purr.hasin7 Agent. 901 •B Texas St., Denton, Texas 76201 I For additional Informallon contxl If{ PURCHASING DEPARTMENT got S Texas Street Denton, Texas 76201 DFIH Metro Ollice 81 7.363-7 100 817-267-0042 I { INSTRU TI S TO BIDDERS I I ! sacs must be received in duel' a, on this form, pr or to opening date and lima to be considered. Late 1. Seated W proP° proposals will be returned unoper-*4 Iete! 2• Bids shall be plainly marked as to the bid number, name of the bbid, ird ent'.rC pot r Demon, on 9,iA 01.8 Texas St. Denton. TX sealed envelope, and mailed or delivered to the Purchasing Dep 76201 submitted article deviating from tha sPecilications must be Identit!ed and have full descriptive data accom"nViN I Any same, d it will not be considered. 4, An materials are to be quoted FOB Denton, Texas, delivered to the floor of Ins warehouse, Of as otherwise ludic the Willer. 5, The City of Denton, Texas reserves the right to accept separate dems in a Wd unless this right is denied by isias all resultant W acceptancS, costs as of Dent aotY for such detains option hold the accel ed biddzr of contraclur may at 6, In use o delault 112b1e for any and ht to retect any and all bids, to waive all informalities and squire that submitte•i hw1S 7. The n iof Denton reserves the d4iod alter opening or until award is made', whlchover comes first. C~ty remain n of for a sixty {60) day P~ of Demon 8. The quar'.ities shown maybe approximate and could vary according to the requirements ~f the City throughout the contract period. g The items are to be pricad each net Packaging or shipping quantities will be considered l 10, The Purchasing Department assumes responsibility for the correctness and clarity of this tid, and all informa!ion andror questions pertaining to this bid shall be directed to the City 01 Denton Puichasing Agent. 12 he -,cnt:nis of this bid with the City of Certon or its representatives 11. Any latempt 10 ag ti ge or give information on n the ~ to condiWi award s sn and terms of this bid will be considered when evaluating for award. 13, The Cily of Denton is exempt from all sales and excise taAes. (Article 2003-B) r 4 BID NUMBER' 1292 S M PROPOSALS page 2 of 2 7EM G13011PTION } OUAN, PRICE AMOUNT I. CLEANING OF ANAEROBIC DIGESTER UMI t P~ S11 00 i t I I 1 i r TOTALS $118.000.C We quote the above f.o.b. Denton, Texas, Shipment an t4 trade in 28 dart from receipt of order. Terms net Unless othrwtse indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time cottstitun a contract. P. 0. Drawer 1395 Midwestern Services, Inc. rg11iling Addrt11f Sidder --3nVltPr! TPYA! 70564 L~ c r CITY 5111141 Zip Slgn~tu» E President • rpnon• Title Y 1 1: 31 Lip.iNJT.rIIft-44 **?LEASE SEE DISCLAIMER ON SACK** CERTIFICATI 0f INSURANCE i CITY Of 0 E4FCµ Name And Address of ApnCy I Ai TUAL INS1 A City of Oonten Reference: 3 P6 DESTA DRIVE SUI£E 1400 MIDtA.~D, IX 79705 Projoet ►J0: + Phont ~Q15 683-S3i1~ proJcrt locat4cn; - 41'4 and Address of Insured. anaQinp,p•pt, - . . -X2DSJESIERN VACL'LM TRUCK G0. MIDWESIERN Companies AffprdinQ CovPage: RECLAMATION I.YC. MIDWESTERN CRUDE pIL CQ A L` k2Y L IHSURA.YCE CO?1PANY HOg 13 8 , w T 7 34 PhonO 915 573-6385 This is to certi r that;^~-~ A 2) The City Of :eaten Is listedlAs on additleniltlnsurlddaseto~/11YObunatl6su Quire ers In force at this t rry nu.+ny p +dt;-ar o/ It n'rnt!_ Exploration A Poilt'i Nr+:er Limits Cf Liability 0~+orNlrslva Ctneral Liability in TN ✓ an _ • Occurrence $2,000,000-GEtc AGCR, • Claimsfyd4 {see 14.papo C[•4) YYI-191- $1,000,000-PRO D.COypt. .3i Lj 078628-021 9-1-92 t M. AGCR. $ A Broad form # inclade; PD L $1r0pOO0O nI6 Yr fort/0p OrvtioM IAB,PE A IndFp.;nd6:nt Contractors r OCCUR. ! A PraJuot`/Cpletod Operltlonl A Persona injury 90dily injury and Property V• SOnlra4tual 114b111ty(st: e3•Papt CI-4) o mtge Cu4bint! A y Explosfun and Collapse N W4 S . A r WuJIorpr9urd 4:)larCd I A Fl~init~albvaraQ0 l J A Broad Fcrm proprrtyy0 yhjplas-aape CI.T) Ir -~prtfell lonal Frrars/oalssionsy ' . . _ _ ' ti • accurrtnte • tratmt ma.o ;sae xA.Nage Ul.al - ' Corn rtntr%14vf Aut0otabi It Liability eadil y ar.a., t A Nr,cd/leased Auttxr-bllos Eod11y injury/ACCidcnt 11 i I - +hjn.0;rntd ~utgrFo 11 • . A 11 red Autcroblle'i [I ASI-I 91- Proporty ooma¢s - $ . 078628-031 9-1-92 • ' 90411y O nury/prlpcet y ' All C a In[d Workers' Complnsalion and 50 -Q 0,_,00-C INED Employers Liability SI,Y E LIZ:IT ¢latutory lmvrt - Cwners' protective lI •._SOS'~Lc{t' abiliey Othar insurar,ct. Celtr'ptlCr at o eratlCns/Lo - _ _ °aC1 itQilty s11111 rs Giti0nt/YthlCiti AiStc 2 p, n 'llrrc thirty (30l da not tD..l•4), ya IC► 4f ;alr,atlatl;~n, nOn.r[n¢tial, ar nNt:~t,~l ^.har0q it <wer.1,C, retf Cf C[rtirictto McldPr, _ J f 1 l17~ I3 '~I 14 ~l LIE.rIUT,PtIL~FtfIC " THIS CERTIFICATE IS ISSUED AS A F o UPON YOU THE CERTIFICATE HOLDER MATTER THIS IHFOR'SATIOV ONLY AND CONFERS NO RICH?B ES NOT N'LFND, EXIEND, OR ALTER THEECOYERAGEIAFTE LIES IS NOT AN INSURANCE POLICY AND ' FORDED By THE POLICIES LISTED BELOW, i i 1 , r 1 w~---~ - T t ` f- -tom _ J 1 iipV 18 "?1 14~~? ~LIE.IIJT,I1II~t'IL F.1'-`-~' 1 FACSIMILE TRANSMISSION LIBERTY COYER SHEET MMAL DOTE Q ~ oou+tivr M. p IIINT / L~/~ ase ;•.M L Wol car-- o~ ~J OIA: .,I n E"T ww~ J k W[Ct,Cp"NTt / \1 P6UCT N,Y54q i ~NL'~G1C'~iC as C PA13E9 FOLLOW It all 0911 not recehwd, tall Bending Attendant Immedwery, ` Nis? 9. n n I0 F.~ 12:FZ, LIB Certificate of insurance Told CIRt"ATE A 11111.160 Ai A NArTill Of INFORV►TION aw AMC COhriAl hO RrOMTI WCM YOY TMI CIr. T.•K►*[ MCICIR, TIQ! CL+TrrC►14 K hoe ►M AtW11AM1 roL1Gf►tiDOWihOTAMlh9 CITEMD Cf►uER*Ne COYt~►Dt +rra~DtD lr T>rf iolKiet LWrtDtttow AA This is to Certify that LIBERTY f ~F:f~ MUTUAL MIDWESTERN VACUUM TRUCK COMPANY INC Insured. P 0 DRAWER 1395 LSNYDER TX 79549 J t..u:1t1>•0edittnTlni.:em;icate,tnwredyy(heC.VrL~iT.}ur2al7•rpU:K);MHII.INheler •TLenwnncY•I/un]eJDI1~r!:•teJD~:ylt•1lywc;eClivri . tluir tern. IF.46.Rcrt orW C~r'Jn' =n +'+d fa not iilfRa ~y •nT tr~u'rrmMl, term ix cu dillu] a~ any comrsei a nlLrr .k,Jment kith respect w *K,-n It., :w4 AN may a >•Aed LIMITS Of LWBIUTY i TYPI Of IOIKY CERT, BAP. DATE PpLKY NUMBER COYIRAOEAFF0ACIDUNCEI WC. COV i LAW OF THE f0llow5N0 STAILI. IODILY .NJt1RT IT ACC1DEr1 i i 0 EA. ACODEhT WORKERS' I 10DIIY INJUp IV 0451A51 ! COMPENSATION I EA r1RS0r 9/1192 VC2-391-978828-091 TX w> LY ~NJUer ►Y one AsE s 1 D0011000 FOL-CY COT - BODILY INJURY PROPERTY DAMACzE _ ] FOtM NSrVE URNI EIAI ~ f OCCURRENClS OCCJRI!tiCl KM[pln[ wt1A tl AGGIEGATf ~S AGGt[DA'E NIA NIA $ - rl[ !D 0/ kJi a i ` ~ Il T ! T~GNS W COMKI ID SINGLE UAUT i TpNLylis'YQTnZtAC• EOD}IY INJURY AND PROPERTY DAMAGE 'TM l~ V T~ MD EAGM OCCURf INC E i CONT $ CTUAI $ AOORIGATE I~ $ EACHACCIDENT-IWOL1t.wat.l,1.AND FD C0041141' ^ OWNED !1ONQWNID $ EACH IER50N N/A EACMACODINT EACH ACC SENT I N/~ OROCCURRtNce S cmOCcdq'1%C1 ~ ~ wvo s NIA NIA DIxRNncN Of oreRAT oNS, LOCAION(S) OF OPIRAnONS 1101 I ('F ►M'Jeetikm) •rprf 1. Not I. N.+ I!.a•rd!Y rlrhr'sono '"rlM•u.rrrlr. wi Mn 104 "PA441 t PA410"mMr11 m rrlwrlNOTICE OF CANCELIATIOW THE COMPANY WILL NOT TERMINATE OR F REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE 1001.4115 UNLESS PRODUCER OF RECORD: 30 DAYS NOTICE OF SUCH TERhUNAT10N OR REDUC110N HAS BEEN MAILED YO: LIBERTY INTERNATIONAL INS AGENCY RIVERSIDE OFFICE PARK • ,,,NINE RIVERSIDE RD E ON}dI13 ATTN: TOM SHAW AJTMORI:1D REnl CfRTrKATE CITY OF DENTON TEXAS - PURCHASING AGENT 19 tiISIU1Tr'A1cA ofIKE Noco[R~ 901-B TEXAS STREET 11/oAn 1300 LDENTON TX 8201 its 'I *•4 CCA". w.IbY! ►7 Are C+.R~^r•M r«."f'. tsvtia.. ~r ••~u'~►rrflHM IJLMCJ~111 NSLIA f LCr r~VT N . n .....+l.a,t i •r•tr~d Sr INTO .411,67 S5J11 r.C1 Co.JA4v •r ra r`y4.VC1 .~.R►r rh.CV •r .eKwnM F.: FACSIMILE COVE SKETgg`ON cart LIBERTY MUTUAL, ; l+s 1 \ otpAp -4T Q/ Tit VA ZpN7A T0: .~-c 7. cw - W U J r "s J~EPONKW FROM UU wttic'A'"Ni°'n J I I i a PAGES FOLLCW if an P*Q not noelved, cell eendlrg avirdent immedie*h' nissrrt i NOV 15 RECD ~ CONTRACT AGREEMENT t_ LITV +d OFF) STATE OP TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 5 day of NOVEOF ; t A.D., 19_9.L, by and between of the County of DEIrFUN and State of Texas, acting through thereunto duly authorized so to do, 1,IAYD V. HARREI,t hereinafter termed 'OwNEI:,' and EAYR MANN INC.. $21 KINGS of the City of DENTON , County of _ DEKION and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to 2e made and performed by OWNER, and under t hem ork performance hof CON wiexpressed th OWNER in the bonds commence and complete date the hereby conditions specified below: nDrnr C CTII4 C'L__['nVr4 CTT„j~-.th • -p~~ end all extra work in connection therewith, under tte terms as stated in the General conditions of the agreement; and at his for their) own u proper cot and expense to furnish all materials, supplies, machinary, e4 P suerintendence, insurance, and aboves in saccordance with the specified other conditions and accordance with all Cethee General nConthe ditions~of Proposal attached tAgreement,e the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to hetttoo Bidders, and toe Performance and Payment Bonds, all attached bleep ints,d and accordance with the plans, which includes all maps, ptac CA-1 01149 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by 1 CITY OF DENTON ENGINEERING STAFF all of which ace made a part hereof and collectively evidence and 1 constitute the entire contract. Independent Status It is mutually understood and agreed by and between city and q exas, hall not be JI Contractor that Contractor is an independent contractor and s forthe pu vacation orsick 1 purposesoofeincomentaxer ithholdingy,esocialhsecurityf taxeson other city employee benefit. leave benefits, worker's compensation, or any City shall not have supervision and control of Co otntractoroshall performethe Contractor, and it is expressly understood that services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless ` the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitee:, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the city of Denton against any and all such claims and demands. t Choice of Law and Venue This agreement shall be governed enforcementyshthe allllieoint the tcourts ofxDenton venue for its construction County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and col such extensionstofatime as are provided tbyetheaGeneral tand Special Conditions. r The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s 1 • 1 IN WITNESS WHEREOP the parties of these 1 presents have executed this agreement in the year and day first above written. l ATTEST: 1 CITY OF ENTON OWNER (SEAL) { ATTEST: LARRY MANNING, INC. CONTRACTOR `Ttl ! (SEAL) APP ED ;AS ~FORM; i { Cl A t tgs ey i f CA-3 013/s I 1 PERFORMANCE BOND STATE OF TEXAS Bond No. TX480121 COUNTY OF D_)( li i I j KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC. , of the City of nEMMM County of DENTON , and State of 2EXAS I as PRINCIPAL, and MERCHANTS BONDING COMPANY Mutual i the State of Texas to act as surety on bonds , as SURETY, authorized under the laws of bound into the THE CITY OF DENTON y as OWNER, in the penal sum of THIRTY SIX THOUSAND NINE HUNDRED THIRTY ONE AND N0;100------- Dollars (t 36,931.00 ) for the payment and Surety bind themselves and their heirs, administrator$, ex tutors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the -5 , day of November 1941 for the construction of BID 11288 - ORIOLE STREET CONCRETE in the amount of M2931.00 which contract is hereby referred to an d made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOW7EM, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENM County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the j terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this Eta day of November 19 91. LARRY MANNING, INC. MERCHANTS BONDING COMPANY (Mutual) r Principal Surety By /ni(lC-LLV ~I~ I Pauline L. Lesch Title Title Attornev-in-Fact I Address 821 Kings Row Address P. 0. Box 1150 Denton, Texas 76201 Lewisville. Texas 75067 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: PCL INSURANCE AGENCY, INC. 206 Elm St., Lewisville, Texas 75057 NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b 1 . } PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC. of the City of DENTON County of DENTON , and State of DENTON , as principal, and MERCHANTS BONDING COMPANY (Mutual) I authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of THIRTY SIX THOUSAND NINE , HUNDRED THIRTY ONE AND NO/100---- Dollars 0 36,931.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 5 day of _ NOVEMBER 19 91 . I BID 8288 - ORIOLE STREET CONCRETE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. ' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accorda-ce with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 i 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to t:e work performed thereunder, or the plans, specifications or drawings accoopanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS 'WHEREOF, the said Principal and Surety have signed and sealed this instrument this 6th day of November 19 91 LARRY MANNING, INC. KERCHAYTS BONDING CO!-TANY (Mutual) Principal Surety By Zr L.~/ Pauline L. Lesch Title ~«+r Title Attornev-in-Fact Address 821 icings Row Address P. 0. Box 1150 Denton, Texas 76201 Lewisville, Texas 75067 G (SEAL) (SEAL) 1 The name and address of the Resident Agent of Surety is: PC'L INSURANCE AGENCY, INC. 206 Elm St., Lewisville, Texas 75057 ,I f COMPLAINT NOTICE I 1 1 cbct;l , pmbiemh Pot resolved'yru I 1 , write :Fe Swe Scud of :nse.-ori(e DII PB-4 Box 149092 Azw-ii Texas 78714 0, 0092b This golire of „ .10, 11111010"10,16(1 only cad does ioi be I I pGrI 1 I I of this polity rAIlrTEXANCE Er STATE r,F TEXAS COUNTY OF D TR480I2I as NP incipa ,t an ESE PRESENTS: Texas a d Cor MERCHANTS LARRY BONDING TCp, ~NING INC. as Surer➢, °-~ezeby aekaoWled nut orized to end usiaess utua the City of Denton acknowledge do in the assign , ' A Municipal Corporation of to be held and State of s at Deacon, Denton County, the State of bound to + MINTY THREE AND 10 1 y, Texas the sum of Texas, P$Y unto \ t e total amount Ta E TIiODSAND Its successors surety d° of the contract S~ RED hereb Dollars FUND or t e severally. Y bind themselves Pa, Yeent of which •693-0 , 1 of their successors sum said Principal and asssigns and jointly and This obligation 1s conditioned, however, has this da W"REAS, said and construct that: Y entered Sato a written contract BID (1288 _ LARRY !lANNINC INC. ORIOLE ST'8Ea"T wi t t e said Cit xhic CONCRETE Y of Denton to contract and wild the City of Denton Plans and specificati ons expressly , are filed with the City c t Breit were wri mentfoaed facorporatd herein by re ee andecreta , adopted tten and set out In ferenc ry °f said Y the full hereto and., e+ade a Part hereof as and are hereby though the same contract, it is ~~5, under the work therefnProi ded that the Contra the said plans P ' from contracted ctor will 'a s ecificatioas, and the date to be done maintain ad lee become of acceptance thereof andd Performed for a period poi ° good repair necessary In connection a therewith do all repair of necessary ackfiIlin (1) Year Construe tioany defective condition S°d do all 8 that may the or of the tmprovemea growing same out of necessary work toward th J oa account of 1mProptaer CO°L~Plated b or arising from the the by that the purpose of reason o this section excavation or said backfillin on c°asimptructiroper f defective material contractor ng s is to cover all defective 8, it bein case the said or ' work' or labor conditfoaag improvemeata shall fail performed by said Contract orundisferasgtood by contract and it f Caontractagreed that the Cit to repair, reconstruct , and In supply i on , such materials a Y may do said work or Maintain said to and it the Its surety ris obit at and charge the s is accordance with said damages in 8 ion, and :roaid v i Contractor against the sa Contractor said contract for sad surer id Contractor to comply with the terms a da Y shall b part nd each yes failure on the a subject said sions of said contract and his b ond. 0043b HE-1 b. i NOW, THEREFORE, if the said contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said LARRY MANNING, INC. as Contractor and Principal, has caused eae presents to be executed by ~ j and the said _~^"ANTS BONDING COMPANY (Mutual) as surety, has caused these presents to be executed by its Attorney-in-Fact Pauline L. Lesch and the said Attorney-in-Fact has hereunto set h hand this 6th day of November , 19 91 er 4 I i SURETY: PRINCIPAL: MERCHANTS BONDING COMPANY(Mutual) LARRY MANNING, INC. BY: i Pauline L. Lesch Attorney-in-Fact { I ~ t I " i i 1 HB-2 0093b \ 1 I I 1 I h 1 ` y I 1 ' I 6[h November 91 i t December 31, 1992 i I I i I F CITY CF DENTON , INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the city of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction wocK or activities to deliver material on this Contract. I..Q certificate(s) shall state that chitty (30) days advance written notice will be given to the owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also bQ listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. ! I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmea's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employers Liability - statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 1 F To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $1,000,000.00. 1 INSURANCE SUMKARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and dur"..,; testing, and until such time as the facilities are completed •:;,d accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by E the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the owner does not in any way represent that the specified limits of i liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of I.-Ne Contractor. Again, the owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All resporsibil£ty for payment of , f any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. _ Any notice to proceed that is issued shall be subject to such approval by the owner. i i CI - 2 Name and Address of Agency City of Denton Reference: Project Name: \ Project No: Phone Project Location: Managing Dept: Name and Address of Insured: Companies Affording Coverage: A 8 Photo C This Is to certify that: 1) Policies of Insurance listed below have been issued and are in force at this time. 2) TM City of Denton is listed as an additional Insured as to all applicable coverage. ~4efy Type of Insurance Policy Number Exp~telon Limits of liability in Thousands 000 Comprehensive General Liability Occurrence - Occurrence - Claims Made (see 04-Page CI-4) Bodily injury = Broad Form to Include: Property Oanage f - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property = - Personal injury Damage Combined I - Contractual Liability(see 13-Page CI4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability (see 05-Page C14) - Broad Fortm Property Damage - Professional Errors/Omissions ` i - occurrence - claims made (see f4-Page C14) I CO rehensive Automobile Bodily In ury/Person i 0111ty Bodily In~ury/Accident - Owned/Leased Automobiles Property Damage = - Novi-owned Automobiles - Hired Automobiles Bodily Injury/Property Damage Combfned $ - Workers' CamWsation and Statutory Amount Emplayers' Liability ' -each a C M - Owners' Protective Liability f Other insurance Description of Operations/Locations/Vehicles. Each polity shall require thirty (30) days notice of cancellation, non-renewal, or material change In coverage. (See e2, Page CI-4). Hamm and address of Zertificate Holder. CITY OF DENTON, TEXAS MMCI4511O6 AGEN1 401-8 TEXAS ST. X0110RIZED H A DEHIOH, TEXAS 76201 SEE DEFIN M ONS ON PAGE Cl 4 ATTACIIEU. l J CI - 3 S- - ' i DEFINIT1014S 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed ofticials, officers and employees. (This does not apply to Worker's Compensation.) I 2. NOTICE OF CANCELLATION; thiit Each policy shall require that anY mate[~aldchange iin coversg cancellation, non-renewal, or . given to owner b l a notice thereof shall be cancelled for non-paymetcertified mail. If the premium only policy written notice to owner is required. Y ten Y days 3. CONTRACi'URAL COVERAGE: (Liability assumed by contract agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side Certificate of Insurance under Comprehensive G this Liability, must include a definition of coverage broeroad ! enough to provide coverage for obligations assumed b ad contractor'in the referenced contract. This Cert'z y the Insurance is provided as required by the governingcontract. I 4. CLAIMS MADE POLICY FORM: Required period determined by the following of coverage will coverage for the life of the contract plus Continuous provide coverage for the warranty ' plus one year (to discovery period for a minimum of efive and a extended shall begin at the end of the warrant e (5) years which warranty per riod. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,00u. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 I mvnn LMla 4.1) BID NO. 1288 Oriole Street Concrete Mork PO NO. I BID TABULATION SH38T ITEM DRSCRIPTION QUANTIT7 UNIT UNIT PRICI TOTAL J Contractors Warranties I I I I X21 f and U..derstandings I LS -I R 3CC' / LS Barricades, Warning I 1 I e£ J « 8.1 I Signs, and Detours I I LS l f 3(' / LS I I I I 5~ I cr 5.8-A.1 1 6" Concrete Flatwork 1 116 1 ST 1 ! Sy 1 I 1 I I 8.3-A f 4" Concrete Sidewalk ! 435 I ST I I / Si 18 S.r~ S 0.3-B ! 6" Concrete Driveway 1 561 1 By I 3. So/ By I S 16" Saposed a"regates I I I 5~ I c~ 8.3-C I Driveway 1 116 1 ST I I, / ST I S 367 Concrete Curb and I I I oy i ~t 8.2-A I Gutter I 1879 I LF I I / LP I S I 1 1 I I co 1 3.9.3 1 St. Augustine Sod 1 104 I S! ! ! 3 / Si 1 ! _ ~o_ 3.10.7 1 Hydrosulch 1 1036 1 S! I i 5,+/ S! I S 1 7 7 Misc. Sprinkler System I I f cv SP-49 Adjustment1 LS I S (CQ' I I I I 1 1 I I I! / I i I I I I I 1 I f I s TO'EAL / I s 3~,~ 31.`s ~ 1 I I ~ I I I r s / , 3.14.3 1 Seeding 1 1036 1 9T 1 ! l / si I S I C) • 1 ! 1 I I ; i I I= / I f r I 1 I 1 I I I s / I s i 1 I L I [ s i s 1 1 I I f f ! I s / f s J f I ! I I I f f Y / 1 7 I I f I I I I S / I S P-3 I 3ID SUMMARY TOTAL 31D PRICE IN WORDS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sun prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR BY Street Address City an State Seal 6 Authorization (If a Corporation) Telephone B - 1 1 -79 BID BOND ien by these presents: NING, INC., 821 Kings Row, Denton, Texas 76201 (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, ■re held and firmly bound to CITY OF DENTON ) ! (hereinafter called the Obligee) in the full and just sum of 5% GAB - FIVE PERCENT OF THE GREATEST AMOUNT BID-------------------------------=- Dollars good and lawful money of the United States of America, to the payments of which sum of money wets and truly to be made, the said Principal and Surety bind themselves, their and each of their helm executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. Signed, sealed and dated this 10th day of_ October 19 91~ THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for ORIOLE STREET CONCRETE WORK according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall dully make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and sward, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY. IMutual) and Surety, or with other Surety or Sureties approved by the Obligee; or If the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to b± duly signed and sealed, LARRY MANNING, INC. Witem: Principal By err' Atted: MERCHANTS BONDING COMPANY (Mutual) B Y k f Pa7757~ etc Attorney- n~ct i l I 1 I II 1 J I 1 I 1 I 1 + 7 Ii Lewisville, Texas 10th October 91 Dacember 31, 1992 CSR LL uluc 0n11 p,alvGi'vj I:O~EIS.: CERTIFICATE OF 1NSUAARCE \ THIS CERT)FICATE 18189UED Ab ' t 1 . . ATTEfi OF INPPRh.AT}ON6f4LY CfilY ATip I 01"T" )R:)D■ARe■ c"m IRO CCNFERS NO RIGHTS IJPON THE CERTIPICATE HHMDER4 THIS CERTWICATE P 0 w Irwit c DOE9 HOT AMEND, EXTEND OR ALTER THE COVEFLAOE AFFORDED BY TF~ D"T", sR rclK:ICa Below, 7/7P7 4T■OP ROMLtR COMPANIES AFFORDING COVERAGE )■0t1AARC■ . . uT-uT-floe n A ■OOIL01 a1YTML cowmly LLirne . NxeT Nanning Ina ODMPA/ry 411 1!!091 ■ell Lem r peat", TR . { 74101 0011VANY . lFT1FJ1 ~ coNrANr LLTTEAI TO CERT" Tf41T THE POl1M Of Ci3LW-NOf USTED S> LON iIAYE DEEti IlIUF i TE , NOfAf7HBTANQMj4,NYAEOVt%~-TEAMORCpiD7T107101ANYCOHTpOlCTtO 07101HWfRRDOWL4EMW~7THRrOAECHTT6WfYCH AA 1 CE CF)CA1S MAY" !!SUED OR MAY PFATAOL THE ki9VAANC£ AFf0f10E0 BY THE POUGE! OEBCW BED HFAEfN IS lUPJfOT TO All THE TEAMS, roNS AH0 CoF+011IONHI of SNCH POMAC LRiIT$ MOWN MAY HAVE BEEN REOVCED BY PAID CLAW & pp 1 CC TR, TYP[da111RAMCR POt)CY WYItR FOUCY ElflonvI PCIICTEIHPHRA71oR OCIKM1IL 41A■RITY DAt■A''V'~•n') Dare Ok~ Lam A R 00111•_RLAL4■NBLILLwWTY ,a1MiMlAwlrsonn 1 004,00v SC .L!)f 1641.0! 07/1111) 0)17111) • ...~OLAY14A.7E OOOLrR : 10►AJQ 1 1,000, goo i . . : OMHIR~ AOWPACTOR■ PwT. FIEFDONAL I . . - . lP0,0vo EACH OCCl/1PlNfR ...:1 S90, 000 1 ' .VMA ' i pE f1AYACtE 70,461 MEO6 E pyC@pwr1. A • •lf I ANY AVfO • COM6NI091NOU . ...j 7AV'III000II-OS 03 III 01111/P7 LAKT `1 900,000 ALL CANW&rtD@ 11 010IA[DAVrOE BC OAY ,1.. Few P-4 . PIPED AVTOI . NONCN`lOAUrD■ 000L fY1o v rY DAA)AOF / lx;m- Lb"KITY f UNanalA Paw EACO ;j _ HT11;1! fPL4q LIMSAEUA total ' Ar tub • A ~ IT0111M110011PEIIIATIOM OPCVCl007117-0{ .]/71/11 01/71/►! i AMORl lllAlr9 ~ rc:,.;;•E~y~~,,ij,it; AND 1 flaPka EA■•LIAAHIITY : , , ■06 60 DlFABE-POtATY tAtR 1 , !ea WHO" MEW- EACH [WiGYU OI■aII r*N Of OPER4Tl*WL CATHO)WYt)CCtlP,1PECIAI f)EW CRRRIPICAT■ 01,02A Is ■ RUT ■■O11N AA AO02TEOeAL RAIRD EelW= CETCTRiCAT! }IOLpFJ! : CANQELUITIQN $HO(R0 ANY OP THE ABOVE OEOCAIREO POUCIEC BE CANCELLED BEFORE THE EXPIAkr"I)ATETHEREOF,T7• M&UW40OMPAHYWUEMDCAVORTO . C)TY Of PUTOR L147L to OAYI WfiTTEN NOTICE 70714E CERTJIUfE P" LER NAMED to TM FVRC■A■IAa Den LEFT. BIIrfAWJMTO AI $WNNOT AHALLWMEHOCOLIOATIONOR let ■ TEIW &=a? LIAWTV011 ANYa0UP09T4{O0MPANY,R4AOENTS0RREP;4E8ENTA7NE6, Dun" TX 71701 AVI)t0Al7E0 RI►RfObILTIVE AC4Hf12~~ !p0 ` xAr10R eo12n lolvxk4cl • OAC'TiOCORPb1iP.7t^FI1~,b; TnJ riot -.7 Ito r1-1 r44wlr.'nc1WM ACc:c 0 A T ,I I.4 ?i:9I iI-11-I6E c 1 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON ) v 1 THIS AGREEMENT, made and entered into this 5 day of February A.D. f 19_11, by and between The rtr,, of Denton + Of the County of Denton and State of Texas, acting through Lloyd V. HArvoll i thereunto duly authorized so to do, hereinafter termed 'OWNER,' and Larry Mannins. Inc- _ 82 p&ntsn III f Of the City of Denton , County of Denton and State of Texas , hereinafter termed •CONTRACTOR.• j WITNsSSETHS That for and in consideration of the p,y,,,ts and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 012n1 - MCCTRIrz► AT BFT1. ErmsFrTrnw jagnypnarrC Tu TnF Am -J74,336.00. Purchasing Order 012019 , and all extra work in connection therewitb, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to completo the work specified above, in accordance with the conditions and ?rites stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by City of Denton Engineering Staff , all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and 1 Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withtolding, social security taxes, vacation or sick leave benefits, worker's colopensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. J Indemnification - 11 Contractor shall and does hereby agree to indemnify and hold harmless 1 the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the perforsance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claim and demands. I Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. ' The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as not forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions, . Tho OWNKR agrees to pay he CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s 1 z IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF DENTON OWNER j 4. Hy (SEAL) ATTEST: I LARRY )ANNIM INC. CONTRACTOR 1 ~ 8y Title (SEAL) APPROM ""AS TO tto y I CA-3 0114s 1 Rond No. TX-470045 \1 PERFORMANCE BOND STATE OF TEXAS ) COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: That Larry Mannire inc. Of the City of nwntnn County of and State of ~ ~ T zww as PRINCIPAL, and 11erc nc_Bondiaa Comany (Mutual) as SURZTY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the TF.w rte. of Denton as OWNER, in the penal sum of RavAntag Qnnr Thn.inand Thror jrhusarwd ThirtX Ciz -A I nojt00- Dollars (t 74.336.00 ) for the payment whereof, the said k Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigas, Jointly and severally, by these presents: W EREAS, the Principal has entered into a certain written contract with the OWER, dated the _ 3 day of February , 19_&, for the construction of ETD !1201 - LMM AT a .r. rnTVa IMON MPOVOMM IN THE AMOUNT OF $74,336,00. Purchase Order 02079. C ' which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal ebcll faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and coveusated by the Priucipal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this 1 be void: otherwise to remain in full force and effect, PB-1 10~ 91 ovo-igernerd l . Rona No. TX-470045 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Larry Maas at Inc of the City of n...tn„ County of and State of Twaww as PRINCIPAL, and Merchant Bond'Io C,anaay (t4utual) j as SURETY, authorized under the laws of i the State of Texas to act as surety on bonds for principala, are held and firmly h j bound unto the Thw cit. nF e.nrnn as OWNER, in the penal sum of 4wvwnta Pm.r Thm.eAnd Thra, a hn~oiroA Thirty-S-1-y" ~0/10o Dollars (t_74.3for the payment whereof, the said t Principal and Surety bind themselves and their heirs, administrators, executors, successors and asstgns p ~ , Jointly and severally, by these resents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the ,.,5_ day of p,r_bjyEjry , 1951 , for the construction of ~ E BID !1201 - MMEM AT apr i F=109 I1DlMVMa fTS IN THE AMOUNT OF 174.336.00. Purchase Order 112079 i which contract is hereby referred to and made a dpert hereof as fully and to the ~J same extent as if copied at length herein. NOW9 THEREFORE, the condition of this obligation is such, that if the ' said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this 1 be void: otherwise to remain in full force and effect; ze-dio'e or evidenfe c: Ile PB-1 , PROVIDED, HWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by 1 acts of the 56th bond shall be determined tineaccordance with the lprovisions a of said iArticleotot he same extent as if it were copied at length herein. , PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying { the same, shall in anywise affect its obligation on this bond, and it does hereby valve notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 4 IN WITNESS N:IEREOF, the said Principal sad Surety have signed and sealed this instrument this 5th day of February , 199 LARRY MANNING, INC. MERCHANTS BONDING COMPANY, INC. ' Principal Surety By Gu Pauline L. Leach Title Title Attorney-in-Fact i! I 821 Kings Row Address P. 0. Rox 1150 Address Denton, TX 76021 Lewisville, TX 75067 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is. ' PCL INSURANCE AGENCY, INC. 206 Elm St., Suite 105, Lewisville, P:+ 75057 NOTE: Date of bond must not be prior o date of Contract. PB-2 0091b I PAYMENT BOND STATE OF TEJ(AS )C COUNTY OF nwn ne MOW ALL HEN BY THESE PRESENTS: That Larry Kanning Inc. of the City of Denton principal, and County of Den on , and State of Texas , as authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Denton OWNER, in the penal sum of Seventy Poor Thousand Three Dollars 0 74,336.00 ) Hundred Third St=and moll for the payment whereof, the said Principal and Surety bind themselves and their j heirs, administrators, executors, successors and assigns, jointly and severally, by tbes presents: t 11 WHEREAS, the Principal has entered into a certain written contract i with the Owner, dated the 5 day of _ February 19 91 . AID 111201-McKINNEY AT BELL IKTERF,SECTION IMPROVEMENTS IN THE AMOUNT OF $74, 336.00. Purchase Order #12079 I to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, NOii, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as ansnded by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 i - T -W- 4W Ir Surety, for value received, stipulates and agrees that no change, orh drawings contractaccoapanying to the extension of time, alteration or addition to the terms of work performed thereunder, or the plans, specifications the same, shall in anywise affects obligation on athi lteration andadditios torthe waive notice of any such change, extension terms of the contract, or to the work to be performed thereunder. IN WITKNESS WHEREOF, the said Principal and Surety l4 4have, signed and sealed this instrument this 5th day of February LARRY MANNING, INC. MERCHANTS BONDING COMPANY (MUTUAL) Surety Principal 1 t~ ll! 31~1cyr~ BY Pauline L. Lesch 1 ~J~ Title ,Attorney-in-Fact Title V Address P. 0. Box 1150 Addreaa821 Kings Row Denton, TX 76201 Lewisville, TX 75067 ii (seal) (SEAL) I J~ The dam and address of the Resident Agent of Surety is: 1 I III PCL INSURANCE AGENCY, INC. 206 Elm St., Suite 105, Lewisville, TX 75057 COMPLAINT NOTICE YB-4 0042b ' -.jl (e el - 1 ,1 IIAINTENANCE POND STATE CF TEXAS COUNTY OF Dpg2fI_ X i KNOW ALL MEN BY THESE PRESENTS: THAT Larry Manning Inc. 1 as Principal, and Merchant Bonding Co.__Mutual a Corporation authorized to o nainess in a State of Texas as Surety, do ereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sus of of j Dollars j_boa_ro t e total amount of t.e contract for the paycent of which sus said principal and , surety do hereby binL4 themselves, their successors and asesigns, jointly and severally. 'ais obligation is conditioned, however, that: WHERFAS, said Lar Mania Inc. 'i has this day entered into a written contract wit t e sai City of Denton to ui d and construct Bid /1201 - MCEIIRM AT BELL UnMRSF.CTION ~mOBMmI'i'S rM THE AMOUMT c contract and a plans and specifications t erein mentioned, adopted y t e Cit of Denton, are filed with the City Secretary of said City and are hereby Y expressly iacorporntd herein by reference and made a part hereof as though the sale were written and met out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling tbat nay become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excivation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the sue against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for tech day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NB-1 0043b Mir- - t--s--t 1 . 1 NOW, THEREFORE, if the said Contractor shall perform its 1 agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents , shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and-that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the sane shall not be changed, diminished, or in any manner y affected from any cause during said time. t IN WITNESS WHEREOF the said Larry Manning, Inc. as Contractor and rincipa , has caused ese presents to execute and the said Merchants Bondin Com an Mutua as surety, has caused eaa presents to executed by its Attoraeq-in-Pact Pauline L. Lesch and the said Attorney-in-Fact has hereunto set iFand this 5t y of February , 1991 . I SURETY: PRINCIPAL: MERCHANTS WNDING COMPANY(MUTUAL) LARRY MANNNIINNG, INC. BY. Pauline L. Lesch 11~" Attorney-in-Fact P. 0. BOX 1150 Lewisville, TX 75067-1150 MB-2 0093b i I 1 I 1 i • 1 , ~I 11t{ l ~i i ~ i Lewisville, Texas fifth February 91 December 31, 1992 1 F I BID NO. F,cBinney Street Widening PO NO. Base Sid (Asphalt and Concrete) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractor's warranties I I 1 1 w 1.21 1 and Understandings I - I LS I SLS 13 18arr caries, Warning I I I OD I 8.1 1 Signs and Detours I - I LS I S J400 /LS I S IL966 I Preparation of I I I I ee I eo 3.1 1 Right-of-way 1 - I LS I /LS 1 I I I r 1 rr• SP-10 I Rock Excavation 1 So I CY 1 $ 15~' /CY 1 3 7SD I 1 1 I I I n~1 ak SP-37 1 Excavation Protection 1 20 1 LF I $ 3 /LF ) 3 a/n (r I 1 ( I 1 I eO 1 SP-39 I Project Signs 2 I EA I S'~r_/EA r~ I i 14L#)n U 7~[J ~ 3 10 7 I HYdroauich I 200 ( SY I i /Sy ! $ I r i I to 1 gp 3-A I Remove Concrete Pavement 1 30 r SY I S ~Q /Sy I $ 600 I Remove Concrete I I I W I zz W 3-8 1 Curb and Cutter I 871 I LF I s /LF 1 ~1 sr~(/)L I Remove Concrete I I I 1 u p 3-C 1 Driveway and Sidewalk 1 369 I SY 1 S /Sy 1 S/-/ 7 I SP-33 I Remove Concrete Inlet 1 3 I EA r 3 I~~ /EA I a p , 3.3 1 Unclassified Excavation 1 188 1 CY I $ h /CY 1 9 /~4 1 6' Line Treatment of 1 I I •N50 ISf? 4.6-S r Subgrade 1 689 r SY I S /Sy I s I Type A Hydrate I I I I C 4.6-A I Lime Slurry 1 10 I Ton 1 $ /Ton I S 1 Remove Concrete I I I I I SP-50 I Retaining Wall I 56 I LF I S /D /LF I ! 0 ' I Construct Concrete I I I I co 8.7.A I Retaining wall (Class A) 1 56 I LF 1 $ /LP I S ,?O• 1 2' Asphalt Pavement 1 1 I 25- 1 - o0 5.7-A.1 I Base Type A 1 668 1 SY I s /Sy I S d,505. 1 1 1/2• Asphalt Pavement I 1 1 (S 1 19 4T 5.7-A.2 I Base Type A 1 519 1 SY I $ 7-- /Sy I !L1/ /4 1 1 1/2' Asphalt Pavement I 1 1 S /Sy A-$0058- 5.7-A.3 ( !XPQ D I 519 I SY 1 $ 1 TO ' 2 Asphalt Pavement I 1 r 06 1 5.7-8 I TyR! D Patch I 7 1 Ton I $ /Ton 1 I Concrete Curb and 1 I 1 I fi0 8,2-A I Gutter r 610 1 LF I /LF I I i i I I W I Q" 5.8-A.1 1 6' Concrete Flatwork 1 43 1 Sy 17 30 /Sy I$ I I I as, I ~7 Q 5.8-A.2 18' Concrete Pavemlent I 322 1 SY 1 $ "Xi /Sy I i ! l~ u f P - 3 i i :1CKinney Street Widening SID NO. TaT Base Bid (Asphalt and concrete) AO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I CLt I 8.2-8 1 Integral Curb 1 534 1 LF I $ I /IF r pp~~ 8.3-8 16' Concrete Driveway 1 180 1 SY I S /SY I S 3 ~ 1 f 1 l p 2 8.3-A ( 4' Concreta Sidewalk 1 109 1 SY 1 $ 1 /SY 1 S / 0 5J I I 6b I 8.15-e r conce•t• Flume I r 1 1 LA I ! 2l I.IJ /EA I s/~ C 1 I 1 J ~ I 8.15-A I Concrete Rip-Rap r 25 1 SY 1 ; .J(J /SY ) ; I I I f 40 1 SP-27.A I Adjust Water Service 1 6 1 EA I S /EA I S 1 J I SP-27.1 1 Adjust Sewer Service I 3 1 EA 1 1~EA I ; 1,40 1 I I im I F32 SP-15 I Ad ust Manhole I I I EA IPA 1 $ 1 I I f i 3.7 f Compacted Fill 1 210 1 CY I $ _ 5, /CY I ! t~ f f I I SP-2 1 Concrete saw cut I co I 851 I LF I 3 /LF I I r I 2.12.3 1 IS' RCP Storm sever 19 I LF 1 S '2 1 LF 1 i I I ~1 f 7.6.A-1 1_10' Curb Inlet 1 1 f EA ( Sda`Z)/soLA f 50'* Y' I 1 I I 7.6,A-2 1 8' Curb Inlet I 1 1 EA 1 5/- / ~(U /EA 1 ! r 7.6.A-3 ( 4' Curb Inlet 1 1 1 EA I S /lr,D/EA f S/ yG~ I r I I 2.11.5 I Inlet Frame and clover 1 3 I EA 1 S/ d"J /tA I S I I I 1 m r / ~^Qu SP-51 I Concrete Curb Stop r _6 I G I! /LA l 7 I Remove concrete I I I ob I d_, SP-52 I Gasoline Pump Island 1 2 f EA f! 2 /EA I S I SreAk into Existing I I J I g, SP-31 1 Inlet ) 3 1 EA I ~~E11 1 ! I Solid Concrete Interlock-I I f 8.17 1 ing Paving Units f 18 f SY /SY 1 S 1 Mun o Ps Building f I I SP-53 1 Driveway closure I - I Wet I JLmC'D /LS I lY~00 I I I f I f I I TOTAL I s~Ll 'J~~n I I I r 1 I 1 r I S / 1 s I I I I f op 3.10.3 1 Seeding' 1 200 1 SY 1 !1 0 /SY 1 S _ ' Thia item may replace item 3.10.7 (Hydromulch). P - 4 1 .,.v .w • lolC~ l Mcxinney Street Widening PO Noe Alternate (Ali Concrete) f BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractor's Warranties I I I Vb I e6 1.21 1 and Understandings t - I LS I S ~ X~ILS ! _s I Barricades, Warning I I 1 8.1 1 Signs and Detours I - i LS 1 $ Ldl2 /LS I S 1 Preparation of I ! I 12~+ nna- 3.1 1 Right-of-Way I - I LS 1$5cno /LS 1.35 1 I I I 1 l SP-10 I Rock Excavation ! 50 I Cy I 3 Icy I $ SP 37 I Excavation Protection 1 20 1 LP 13 /LF 1 $ C^C~~1. r SP-39 I Projact Signs I 2 I EA 1 S c /EA I! ' ~ I I 1 i ~ I czl 3 10 7 ) gYdrgeulch ( 200 I SY I $ L~. /SY 1 $ I I I d~ I 3-A I Reserve Concrete Pavement 1 30 1 SY 1 3 PO /SY I S V K I Remove Concrete I I I GC2 LP 1 3-8 1 Curb and Gutter I 871 I L>' ( s I Remove Concrete I i I C ~G 1 LX 3-C I Driveway and Sidewalk 1 369 1 Sy ! s I /SY r S /V r 1 I SP 33 1 Remove Concrete Inlet 1 3 1 EA I s /Cl~l/EA r 5~~~ I I I I 1 ~ r 3.3 I Unclassified Excavation I 488 1 Cy I s n /CY I S A 44? I Remove Concrete I I r & I <Xd J SP-50 I Retaining Wall ( 56 1 L! I S 10 /Lr I $ Construct Concrete I I 1 09 1 8.7.A Retaining Wall (Class A) 1 56 _ 1 Li' I i 0W / 13 11 1/2' Asphalt Pavement I 1 I 21- I t'~ 5.7-A.3 I ZZL* D 1 549 1 Sy i ! 0 /SY I S,0, 1 2' Aspbalt Pavement I I I f naSt I of 5,7-9 { Type D Patch I 7 I Ton I S.I~iV /Ton I S r Concrete Curb and 1 I I l3t r 8,2-A 1 Gutter I 199 I Lr 1 s V /LP 1 S Il~~f - I ( I I Ida S.8-A.1 16' Concrete Platwork I 7 I Sy r S ~V /SY I s I I I I Qo 1 f~' ' 5.8-A,2 18' Concrete Pavement I 965 I SY I S d3 /SY 1 S~d.j l~ I I ( I I I s 1 I I $ 1 I I I 1 1 1 I S I s 1 I I I I I 1 1 I s I s 1 I I I s I s I I i 1 1 1 I 1 I s r s P-5 I ' d!U lrU. I~Q I Mckinney Street fiiiening PO N0. Alternate (All Concrete) BID TABULATION SHEET 1 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE I TOTAL a I I /1 1 9~C 8.2-5 ! Integral Curb ! 980 I LF 13 /LF I's I I 1 8.3-B 16• Concrete Dcivevay I 165 I SY 13 (v/SY 1 3 3~~+~ 8.3-A 1 4' Concrete Sidewalk S 109 i SY 1 $ I~ /SY : 1 0J J 63 I 3 8.15-8 1 Concrete Flume I 1 I EA 13 /F~► 1 $ I I I I oQ SY I S 8.15-A I Concrete Ri Ra I 25 3 Sy I 3 30 ! I 6 I EA 13 SP-27.A ` Adjust Water Service I I 1 I 1 3 I EA 13 /EA I! (D SP-27.B I Adjust Sewer Service I I 460 I af+ 5CO SP-1S I Adjust Manbole I 1 I EA 13 /EA I $ I I 1 I 550 fCY 13 15 5 1 3.7 1 Coapacted Fill I 210 ! CY 1$I 5 , I ; I I S~ SP-2 I Concrete Saw Cut I 851 I $ ~f I I 1 ~cri LP l ~ / 2.12.3 1 1S• RCP Storm Sewer I 19 I LF I $ I -S-70 I 1 I 1 /U1 I 000 gz 7.6.A-1 1 10' Curb Inlet I 1 i 3 '1 p 1 , 1 I Lh I! f 11 0 /EA 3 0 00 7.6.A-2 18 Curb Inlet I 1 l u 7,6.A--3 1 4' Curb Inlet i 1 ` EA 1 s 1 I l3S.`p 1 £A i s dS FA 1 $ 2.11.5 1 Inlet prase and Cover i 3 I I ( V I I i d~ M 1 3 150 SP-51 i Concrete Curb Stop 6 EA ! I aG I Reswve Concrete I I I 11~-^ I SP 52 I Gasoline Pump island I 2 I F1. i 3 ?_w /EA I i ~00 I Bleak into Existing I 3 0 VA 3 a00 /EA 1 ! 600 SP-31 I Inlet I I ' I Solid Concrete Interlock-I I n 8.17 I ing Paving Units 18 I S7 I (06) /SY 1 $ D I municipal Building I 1 I ae I LS f i /LS I i6/coo-Sp-53 I Drivewe Closure I I I TOTAL I i i S.~SB. I I I I i $ 1 • 1 200 1 Sy 13 /SY 1 9 _3 10.3 1 Seeding * This item may replace item 3.10.7 (Hydrosulch). p - 6 1 D J .i BID SUMMARY / y1 AN 1 7 " ~ l 1 TOTAL BID PRICE IN WORDS eel, u(tity ~`'"r /Y t. In the event of the award of a contract to the undersigned,- the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper and insureanand w guarantee a the workrountiln~finalthcompletion and 1 acceptance, and to guarantee paYment for all lawful claims for labor, performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be ith E accepted, when fully co cations, antofini.hesatisfacti accordance with the plans and specifi th of ` Engineer. f The undersigned certifies that the biddprices acre t robed in this proposal have been carefully submitted correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over•extsnsioak. CON 9OR BY a ~ ~ n ctc-~/ Street Address P►t~~~ City aA ,ate Seal : Authorization ;80 a(If a Corporation) h one B - 1 V w 1 , l e; =titi ~010jeoo ~ MV/ -r~~1L M44al BID BOND M44 Know all men by these presents; That_~LARRY MSANNIN N` + (hereinafter called the Principal) u ?rindpal and the MERCHANTS BONDING COMPANY (Mutual) 1 a corpor..tion of the State of Iowa, with its Home Office in the City of Del Moines, Iowa, (hereinafter j i callud Sare:y), as Surety, or* held and firmly bound to If I~ CiT1f OF DEHTUN (hereieafter called the Obligee) in th* full and just a= of 5% GAB---~_ FIVE PERCENT OF THE GREATEST A01HI good and lawful math BID------,____~-----_~ Of the Unlt_i States of Americo, to the of of and truly to be made, the said Principal Bpd Surety bind themsely thh~ts e ac whkhh thoLr PAM ed awoey well administrators, auccesam and assigns, Jointly and severally, firmly by these pr*mt& ~ executors, Slpwd, sealed and dated this 24th 1-day of lanuar lg~~ C THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obliges &WI make any award to the Principal for ON HcRINHEY STREET according to the terms of the proposal or bid made by the Principal and make and enter Into a contract with the Obligee In accordance wih the terms of a the proposal or bit dolt' award, and shall give bond for the faithful performance thereof with the MERCHANT or bid and COMPANY (Mutual) and Surety, or with other Surety or Sureties a Ts BONDING Principal ' approved by the phi) pal shall, in case of failure to do so, pay to the Obligee the damages which the We" nosy if the major by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be oU Bpd void; otherwise It shall be and remain In full forte and effect. IN TESTIMONY WHE =F. the Principal and Surety have caused thus presents to be duly W#nod and soled, VIRA a; LARRY tNNiNf IN( Pnnelpal By Attest: MERCHANTS BONDING COMPANY (Mutual} ` au !n sc orne - n- act ' ~I i V CONSULTING SERVICES CONTRACT BETWEEN ' THE CITY OF DENTON AND NANCY MOFFAT The CITY OF DENTON, TEXAS, a municipal Home Rule City situated in Denton County, Texas, hereinafter called "City" acting herein by and through its City Manager, together with Nancy Moffat, hereinafter called "CONSULTANT", hereby mutually agree as follows: I. GOALS AND OBJECTIVES CITY desires to contract with CONSULTANT for services in assisting CITY to develop strategies and regional coalitions to mitigate the severe impact of recent Air Quality Board designations relating to air quality in Denton, and assisting in CITY to develop liaisons with regulatory and legislative groups relative to the air quality issue. II. CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the development of the project as outlined below. CONSULTANT shall exercises the same degree of care, ` skill and diligence in the performance of consultant f under similar circumstances and CONSULTANT shall, at no cost to CITY, "re-perform" services which fail to satisfy the foregoing standard of performance. In addition to the duties enumerated below, CONSULTANT agrees to assist CITY's Executive Director of Utilities and other CITY personnel as may be required and as time I permits on issues other than air quality. . CONSULTANT's duties shall include the following: 1. Assisting CITY in developing strategies and regional coalitions to mitigate the severe impact of recent Air Quality Board designations relating to air quality in Denton, Texas; 2. Assisting CITY developing liaisons with regulatory and legislative groups relative to the air quality issue. 3. Working under the general direction of CITY's Executive Director of Utilities. 4. Becoming fully knowledgeable on the issues involved with air quality designation in Denton, County, Texas. 5. Assisting Howard Martin, Betty McKean and others as needed toward the resolution of more favorable, air quality designations for Denton County, Texas. i .--s t S Sfi 1 i 6. Completing reports, preparing presentations and making presentations as appropriate to the Public Utilities Board and the City Council of Denton, Texas. III. TERM OF AGREEMENT CONSULTANT shall commence rendering services on August h 11 1991. This agreement will continue to be in effect until all terms of the agreement have been satisfied. IV. COMPENSATION TO BE PAID CONSULTANT CITY agrees to pay CONSULTANT for the services performed hereunder as follows: A. Amount of payment for services: ) CONSULTANT will charge the CITY on the basis of ' r actual professional time spent. Payment for services rendered will be based upon the rate of Fifteen Dollars ($15) per hour, not to exceed one 2-4 #~uadred-s#~c*.T-'~G°) hours. Should CITY require additional services of CONSULTANT beyond this limit, a new contract shall be executed. B. Reimbursement of Expenses: CONSULTANT's expenses shall be reimbursed by CITY, provided that they are approved in advance by CITY's Executive Director of Utilities. C. Dates of Payment: CITY will pay CONSULTANT within seven (7) days of receipt of each be-weekly invoice for CONSULTANT. V. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between CITY and CONSULTANT that CONSULTANT is an independent contractor and shall not be deemed to be or considered an employee of the CITY of DENTON, TEXAS, for the purpose of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other city employee benefit. CITY shall not have supervision and control of CONSULTANT or any employee of CONSULTANT, and it is expressly understood that CONSULTANT shall perform the services hereunder at the general direction of the Executive Director of Utilities of the CITY OF DENTON or his designee under this agreement. I VI. SOURCE OF FUNDS All payments to CONSULTANT under this agreement are to appropriated by thet City City of Council by the Denton. VII. INSURANCE i CONSULTANT shall provide, at her own cost and expense, any and all insurance necessary to protect CONSULTANT in the operation of her business. VIII. INDEMNIFICATION CONSULTANT shall and does hereby agree to indemnify and hold harmless the CITY OF DENTON from any and all damages, loss of liability of any kind whatsoever, by reason of injury to property or third persons to the f extent directly and proximately caused by the error, omission or negligent act of CONSULTANT in the course of the performance of this agreement, and CONSULTANT will, at her cost and expense, defend and protect the CITY OF DENTON against any and all such claims and demands. IX. I CHOICE OF LAW AND VENUE I This agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. X. CANCELLATION CITY AND CONSULTANT each reserve the right to party this Agreement at any time by giving ' fourteen (14) days written notice or their intention to CONSULTANT cancel. IfthethClTYAgagreestto compensatecanceled completion, for services provided and expenses incurred prior to notice of cancellation. XI. SEVERABILITY CLAUSE If any section, subsection paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. I w . l EXECUTED this the ZJ` day of 2991. CITY OF DENTON, TEXAS 1 rr 00, L *CITYMMAGER I ATTEST: I JENNIFER WALTERS, CITY SECRETARY BY: i APP ?A TO LEGAL FORM: ' DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: NANCY MOFFAT, CONSULTANT } SOC. SE 4 0 ' 1) ; DATE: i ~_I CAT C CITY 1'F MOM Lf>'ILITY LW1VU 4jWDUP , J ' HItCN~ Ott / rota!t : n kT--IPIW cs. No. tr: per ! nvolN t• Roe~ 'd f Da toallltlaa I R, R. ! Chae~rar+ ! Lua t ! Ramaininq ` s Pe quad No To Data ;;1, Ratalnad ! anoa too aj Y ! 4.. l,Ch QCl~ ! ~5~~1.! O W ~0' . 00 4c) WAS 0;fp r AL < r, W.yrt(Apf -V)" llU•H✓kt Wp6k IV L~f, ~Q , oo pry 1 ie tA,74D 1~-""r, ; 1-7 (n4 114" le• lU- Qr ! il~! Irrt~ dew "'~e ~ . . I•~,(~y! ( X00! rS, (,I1 Z-C~tl}~ 1. l~/yy-~ w~~! ~r~lly_. a ! ~WA s~„tom . ,t : • . ! IVY" 1 1 r / l ti CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND NANCY MOFFAT The CITY OF DENTON, TEXAS, a municipal Home Rule City situated in Denton County, Texas, hereinafter called "City" acting herein by and through its City Manager, together with Nancy Moffat, herein- i after called "CONSULTANT", hereby mutually agree as follows: j I I' j GOALS AND OBJECTIVES CITY desires to contract with CONSULTANT for services in assisting CITY to develop strategies and regional coalitions to mitigate the severe impact of recent Air Quality Board designations relating to air quality in Denton, and assisting in CITY to develop liaisons with regulatory and legislative groups relative to the air quality issue. CONSULTATiTIS SERVICES CONSULTANT shall render services necessary for the development of the project as outlined below. CONSULTANT shall exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under similar circumstances and CONSULTANT shall, at no cost to CITY, "re-perform" services which fail to satisfy the foregoing standard of performance. In addition to the duties , Executive enumerated below, CONSULTANT agrees to assist CITY,s Director of Utilities and other CITY personnel as may be required and as time permits on issues other than air quality. CONSULTANT's duties shall include the following: 1. Assisting CITY in developing strategies and regional coalitions to mitigate the severe impact of recent Air Quality Board designations relating to air quality in Denton, Texas; 2. Assisting CITY in developing liaisons with regulatory and j legislative groups relative to the air quality issue. 3. Working under the general direction of CITY's Executive Director of Utilities. 4. Becoming fully knowledgable on the issues involved with air quality designation in Denton County, Texas. 5. Assisting Howard Martin, Betty McKean and others as needed toward the re:;olution of more favorable air quality designations for Denton County, Texas. I 7-- t. , J I 1 1 i 7. Completing reports, preparing presentations and aking presentations as appropriate to the Public Board and the City Council of Denton, Texas. III. TERM OF AGREEMENT CONSULTANT shall commence rendering services on June 1, 1991. This agreement will continue to be in effect until all terms of the agreement have been satisfied. 1 IV. F COMPENSATION TO BE PAID CONSULTANT CITY agrees to pay CONSULTANT for the services performed i hereunder as follows: A. Amount of payment for services: CONSULTANT will charge the CITY on the basis of actual professional time spent. Payment for services will be based upon the rate of Fifteen Dollars ($15) per hour, not to exceed one hundred sixty (160) hours. Should CITY ` require additional services of CONSULTANT beyond this ' i limit, a new contract shall be executed. B. Reimbursement of Expenses: ! CONSULTANT's Pxpenses shall be reimbursed by CITY, provided that they are approved in advance by CITY's Executive Director of utilities. C. Dates of Payment: CITY will pay CONSULTANT within seven (7) days of receipt , of each bi-weekly invoice from CONSULTANT. V. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between CITY and CONSULTANT that CONSULTANT is an independent contractor and shall not be deemed to be or considered an employee of the CITY OF DENTON, TEXAS, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. CITY shall not have supervision and control of CONSULTANT or a,,y employee of CONSULTANT, and it is expressly understood that CONSULTANT shall perform the services hereunder at the general direction of the Executive Director of Utilities of the CITY OF DENTON or his designee under this agreement. PAGE 2 i I r 1 VI. SOURCE OF FUNDS by then Payments to CONSULTANT CITY from Purposes in the i-S agreement d et apprpriatedrby the Cit are to be paid g Of the city of Penton. City Council for such VII. INSURANCE all CONSULTANT shall provide at her own cost her business. necessary to protect CONSULT 1 and expense, any and ANT in the operation of vrll. I INDEMNIFICATION CONSULTANT shall harmless the and does hereby agree to indemnif or third Persons of any kind whatsoever~m b any and all damsy and hold the error persons to the extent directleason of age Injury loss or . omission or negligent Y and to Property the performance of this agreement' act of CONSULT oximately caused b , and expense, defend and greement, and CONSULT A1JT in the course of Pro all such claims and deman dstect the CITY OFT will, at her cost DENTON against any and CHOICE of IX. This LAW AND VENUE i and venue agre ifs t shall be f courts for const governed by law of the State of Denton ruction and enforcement of Texas, County, Texas, shall lie in the X CANCELLATION + CITY AND Agreement at each res. written ednOtice any time b CONSULTANT rve the right to cancel this of their giving the ocher party fourteen (14 days before intention to cancel. cancel If the A CONSULTANT for completion, theed notice o services Provids to greement is f cancellation. CITY and expenses agree compensate incurred prior to XI. SEVERABILITY CLAUSE If any section phrase or word section subsection, Paragra h person or circumstance isgreement p sentence, clause, Jurisdiction, such holdin held invo or alidabplic~ticou court to any g shall not affect any f co ty mof tent val di PAGE 3 , l 1 I l remaining portions of this agreement, and the pa rtiespitereby declare they would have enacted such remaining portions any such invalidity. , 1991. day of EXECUTED this the y i CITY OF DENTON, TEXAS R { I i JJ~ S 1 BY, f LLO 4D. HAP ELL j CITY MANAGER I i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS LEGAL FORM: f DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 1 r \ j I NANCY MOFFAT, CONSULTANT SOC.SE DATE: Ia s f PAGE 4 i F . Montt i 1 AGREM(ENT FOR LITERACY SERVICES BETWEEN THE CITY OF DRNTON AND JO NONTAGUS WHEREAS, the eradication of adult illiteracy is in the public interest; NOW, THEREFORE, Jo Montague (Montague) and the City of Denton, Texas, (City) 1 agree as follows: 1. The City shall provide space in a place designated by the City, a telephone, and the attached list of materials and furnish- ings, shown as Exhibit A, to Montague to conduct an adultOliteracy rogram property uofytheAcityproperty p remain the Denton City f shall residents 2. Montague shall use the space, materials, and property pro- ' vided by the City to manage and coordinate an adult literacy pro- gram. The development and administration of the program shall be within the exclusive control of Montague, but Montague shall submit monthly reports to the City listing the current name, address, and telephone number of tutors and students, the current number of stu- the program forithatdmont~her of hours of instruc- undpairs, and the e I tint agiven nd tutor 3. This Agreement shall continue in affect until October 30, 1991, and thereafter in increments of one year terms, but either ; I party may terminate this Agreement at any time by giving thirty days written notice prior to the termination date. Iv GeC~k D , t 1 Executed this day of 1991. j CITY OF DENTON, TEXAS BY: Lloyd . Harrell i : City Manager r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP ED TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. V *NNAA J M 1 EXHIBIT "A" FEBRUARY 14, 1991 INVENTORY OF EQUIPMENT BOUGHT WITH GRANT FUNDS FOR LITERACY PROGRAM 1 Epson Printer 1 Printer Stand 1 Computer Desk 1 Danish Oak Desk with Drawers 1 Binding Machine (Diana's office) 1 IBM Typewriter, Model 6781 (at Information Desk) 1 Black Secretarial Chair 1 Four Drawer Filing Cabinet 1 1 Elmo Portable Overhead Projector i 1 IBM Personal Computer II, Monitor and Disc Drive PALS software (Principle Alphabet Learning System) 1 6 Plug Serge Cord 1 * Table, 1/2 circle type 8 * Shelves, Danish Oak - 3-1/2 x 38" (approx.) 1 ► Bookcase, 318" x 312' t 1 Epson Personal Computer, Monitor and Disc Drive • Belongs to the Library, used in the Literacy Program ' ~ i INVENTORY OF MATERIALS BOUGHT WITH GRANT FUNDS FOR LITERACY PROGRAM Level 1 Laubach Level 1 - Phonics Books f , 10 In the Valley 9 Student Manuals i 14 More Stories, Level 1 9 Teachers Manuals 15 Student Books 11 Crossword Puzzle Books 17 Teachers Manuals Level 2 Laubach Level 2 Phonics Books 14 City Living 7 Level 2a Student Manuals 11 More Stories, Level 2 7 Level 2a Teachers' Manuals _ 8 Student Books 7 Level 2b Student Manuals 7 Teachers Manuals 7 Level 2b Teachers Fanuals Level 3 Laubach Level 3 Phonics Books ? 17 Changes 8 Student Manuals 12 More Stories, Level 3 13 Teachers Manuals 9 Student Books 17 Teachers Manuals ` 3 Writing Books i 3 h. T' l ',Inventory of Materials Page -2- t 1 Level 4 Laubach Level 4 Phonics Books 5 People and Places 1 workbook i 6 More Stories 4 1 Student Phonics 7 Workbooks 2 Teachers Manuals i 9 Teachers Manuals I Sl1PPLEMENTAL MATERIALS OTHER THAN LAUBACH " i 1 Dictionary of American Idioms 2 Children'3 dictionaries i r 172 Writing workbooks (Levels C-F, Tutor and Student) f 94 Spelling workbooks (all levels, Tutor 6 Student) 1 I M a Comprehension workbooks f 2 Grammar workbooks j 4 VocaINlary builders j { I 1 Rule-ette spelling game ( 1 y 8 Learning To tapci (VHS) i 29 Reading books 42 Reading Exercise Books 27 Survival Books SUPPLIES 1 Box (10) double-sided, double density computer discs J 18 Black Pilot pens, fine point 2 Boxes rubber bands r 5 Boxes paper clips 20 Pads self-stick notes ' f 8 Pencils 2 Boxes manilla folders 2 Pair scissors 1 Typewriter ribbons i 1 Printer ribbon 1 Pencil sharpener (Bostich electric) 2 Desk trays 19 Hanging files - letter size 1 Plastic disc holder 2 Trash Can i i I rr Supplies gage -3- 1 Scotch tape dispenser 1 Stapler 1 Calendar 1 Rolodex 2 Rolls newsprint t ~ MISCELLANEOUS 1 Football used in Tutor Rec. Program s 1 Volleyball 1 Bocce set 1/2 Box literacy pamphlets 80 Filmstrips (Belonged to the old GED Program) i i MATERIALS USED IN THE PROGRAM BUT NOT PURCHASED WITH LITERACY FUNDS 1 Monitor i video player and (1) set of video phonics tapes F (On loan from A.C,E.) .f 50 Books on loan from Jo Montague i wa'.l clock i Literacy Areai 11'x1' x 21.6' ~ 238 sq. ft. ~ P i I I~ i I 2015H/JS 021191 w { i ORIGINAL ' CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND NANCY MOFFAT The CITY OF DENTON, TEXAS, a municipal Home Rule City situated in Denton County, Texas, hereinafter called "City" acting herein by and through its City Manager, together with Nancy Moffat, hereinafter called "CONSULTANT", hereby mutually agree as follows: I. { GOALS AND OBJECTIVES CITY desires to contract with CONSULTANT for services in assisting CITY to develop strategies and regional coalitions to mitigate the severe impact of recent Air Quality Board designations relating to air quality in Denton, and assisting in CITY to develop liaisons with regulatory and legislative groups relative to the air quality issue. I ? CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the f development of the project as outlined below. CONSULTANT shall exercises the same degree of care, i skill and diligence in the performance of consultant i under similar circumstances and CONSULTANT shall, at no cost to CITY, "re-perform" services which fail to satisfy the foregoing standard of performance. In addition to the duties enumerated below, CONSULTANT agrees to assist CITY's Executive Director of Utilities and other CITY personnel as may be required and as time permits on issues other than air quality. CONSULTANT's duties shall include the following: 1. Assisting CITY in developing strategies and ' regional coalitions to mitigate the severe impact of recent Air Quality Board designations relating to air quality in Denton, Texas; 2. Assisting CITY developing liaisons with regulatory and legislative groups relative to the air quality issue. 3. Working under the genera] direction of CITY's Executive Director of Utilities. 4. Becoming fully knowledgeable on the issues involved with air quality designation in Denton, County, Texas. 5. Assisting Howard Martin, Betty McKean and others as needed toward the resolution of more favorable air quality designations for Denton County, Texas. 6. Completing reports, preparing presentations and making presentations as appropriate to the Public Utilities Board and the City Council of Denton, Texas. III. TERM OF AGREEMENT CONSULTANT shall commerce rendering services on July 1, 1991. This agreement will continue to be in effect until all terms of the agreement have been satisfied. IV. ! COMPENSATION TO BE PAID CONSULTANT CITY agrees to pay CONSULTANT for the services performed hereunder as follows: A. Amount of payment for services: f CONSULTANT will charge the CITY on the basis of I actual professional time spent. Payment for services rendered will be based upon the rate of Fifteen Dollars ($15) per hour, not to exceed one hundred sixty (160) hours. Should CITY require additional services of CONSULTANT beyond this limit, a new contract shall be executed. I B. Reimbursement of Expenses: CONSULTANT's d that expenses they arell approved u in advance by CITY's Executive Director of Utilities. C. Dates of Payment: CITY will pay CONSULTANT within seven (7) days of receipt of each be-weekly invoice for CONSULTANT. V. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by tnd between CITY and CONSULTANT that CONSULTANT is an independent contractor and shall not be deemed to be or considered an employee of the CITY of DENTON, TEXAS, for the purpose of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. CI'T'Y shall. not have supervision and control of CONSULTANT or any understood employee that of CONSULTANT, shall nperform itheeservices hereunder at the general direction of the Executive Director of Utilities of the CITY OF DENTON or his designee under this agreement. i 1 VI. SOURCE OF FUNDS All payments to CONSULTANT under this agreement are to be paid by the CITY from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. VII. INSURANCE CONSULTANT shall provide, at her own cost and expense, any and all insurance necessary to protect CONSULTANT ' in the operation of her business. VIII. INDEMNIFICATION CONSULTANT shall and does hereby agree to indemnify and hold harmless the CITY OF DENTON from any and all damages, loss of liability of any kind whatsoever, by f reason of injury to property or third persons to the extent directly and proximately caused by the error, E : omission or negligent act of CONSULTANT in the course of the performance of this agreement, and CONSULTANT will, at her cost and expense, defend and protect the CITY OF DENTON against any and all such claims and demands. IX. F CHOICE OF LAW AND VENUE This agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. X. CANCELLATION CITY AND CONSULTANT each reserve the right to cancel ' this Agreement at any time by giving the other party fourteen (14) days written notice or their intention to cancel. If the Agreement is canceled before completion, the CITY agrees to compensate CONSULTANT for services provided and expenses incurred prior to notice of cancellation. XI. SEVERABILITY CLAUSE If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 1 EXECUTED this the 44& day of jAiff, , 1991. i CITY OF DENTON, 'I'EXAS i 1 Y: ~ LL Y V. HARRELL CITY MANAGER } ATTEST: JENNIFER WALTERS, CITY SECRETARY I i BY: _ APPR ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY NANCY MOFFAT, CONSULTANT 1 / l n G SOC. . # - 90. G / 91 DATE /!U/ll ti W i f Tag CITy OF eDEiTOM AI Mi AWT MOFFFFRSK The CITY OF DENTON, TEXAS, a municipal Home Ruactin yherein by in Denton County, Texas, hereinafter called Nancy Moffat, herein- and through its City Manager, together mutuall agree as follows: y after called "CONSULTANT "r hereby 1. GOALS AND OBJECTIVES services in coalitions to CITY desires to contract tegies CandUregional for assisting CITY to develop Board designations mitigate the severe impact of recent Air Quality in CITY to develop relating to air quality in Denton, and assisting liaisons with regulatory and legislative groups relative to the air quality issue. II. CONSULTANT'S SERVICES for the development CONSULTANT shall render services necessary of the project as outlinelbandw diligence in the lperformancetof provided by a professional I same degree of care, skil these services as is ordinarily the sestinas; which fail to sshalls atisfy at no consultant under similar circumstance cost to CITY, ra-perform performance. In addition to the duties foregoing standard of CONSULTANT agrees to assist CITY'sExecutive enumerated below, personnel as may be rquired Director of Utilities and other CITY and as time permits on issues other than air quality. CONSULTANT's duties shall include the following: iogal CITY in developing strategies and rag 1, Assisting en in coalitns,to uality Board designations relating to air acent ty A r Q Denton, Texas; 2. Assisting CITY in developing liaisons with regulatory and legislative groups relative to the air quality issue. 3. Working under the general direction of CITY'; Executive Director of Utilities. 4, Becoming fully knowledgable on the issues involved with air quality designation in Denton County, S. Assisting Howard Martin, Batty McKean and others as needed toward ths designations rforlDenton Cou ty o Texasrabla air 1 7. Completing reports, preparing presentations and making presentations as appropriate to the Public Utilities Board and the City Council of Denton, Texas. III. TERM OF AGREEMENT CONSULTANT shall commence rendering services on 'IAy 1, 1991, This agreement will continue to be in effect until all terms of the agreement have been satisfied. IV. ~ COMPENSATION TO 8E PAID CONSULTANT CITY agrees to pay CONSULTANT for the services performed 11 hereunder as follows: A. Amount of payment for services: M CONSULTANT will charge the CITY on the basis of actual professional time spent. Payment for services will be based upon the rate of Fifteen Dollars ;$15) per hour, not to exceed one hundred sixty (160) hours. Should CITY require additional services of CONSULTANT beyond this limit, a new contract shall be executed. c ` B. Reimbursement of Expenses: CONSULTANT's expenses shall be reimbursed by CITY, provided that they are approved in advance by CITY's Executive Director of Utilities. C. Dates of Payment: CITY will pay CONSULTANT within seven (7) days of receipt of each bi4weekly invoice from CONSULTANT. li v. SUPERVISION AND CONTROL By CITY It is mutually understood and agreed by and between CITY and CONSULTANT that CONSULTANT is an independent contractor and shall not be deemed to be or considered an employee of the CITY OF DENTON, TEXAS, for the purposes of income tax, withholding, social security taxes, vacation or sick lea%e benefits, worker's compensation, or any other City employee benefit. CITY shall not have supervision anj control of CONSULTANT or any employee of CONSULTANT, and it it, expressly understood that CONSULTANT shall perform the services hereunder at the general direction of the Executive Director of Utilities of the CITY OF DENTON or his designee under this agreement. PAGE 2 y W_ 1 1 Vi. SOURCE OF FUNDS All payments to CONSULTANT under this agreement are to be paid by the CITY from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. i vii. INSURANCE CONSULTANT shall provide, at her own cost and expense, any and 1 all insurance necessary to protect CONSULTANT in the operation of 1 her business. ] VIII. INDEMNIFICATION CONSULTANT shall and does hereby agree to indemnify and hold harmless the CITY OF DENTON from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persona to the extent directly and proximately caused bthe error, omission or negligent act of CONSULTANT in the course of the performance of this agreement, and CONSULTANT will, at her cost and expense, defend and protect the CITY OF DENTON against any and all such claims and demands. F IZ. CHOICE OF LAW AND VENUE This agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. Y. CANCELLATION CITY AND CONSULTANT each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of their intention to cancel. If the Agreement is canceled before completion, the CITY agrees to compensate CONSULTANT for services provided and expenses incurred prior to notice of cancellation. YI. SEVERABILITY CLAUSE If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the PAGE 3 ' 1 l remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. EXECUTED this the 1st May, 1991. By: L~ LLOYD V. ARRELL, CITY MANAGER i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROVE AS TO LEGAL FORM: DEBRA A. DRAYOVITCBO CITY ATTORNEY i Y• - ~ i N CY MOPF T, CON ULTANT Soc.Sec.# Q 3 Date: 699910 PACE 4 ~ l CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND NANCY MOFFAT The CITY OF DENTON, TEXAS, a municipal Home Rule City situated in Denton County, Texas, hereinafter called "City" acting herein by I and through its City Manager, together with Nancy Moffat, herein- j after called "CONSULTANT", hereby mutually agree as follows: I• GOALS AND OBJECTIVES CITY desires to contract with CONSULTANT for services in , assisting CITY to develop strategies and regional coalitions to mitigate the severe impact of recent Air Quality Board designations relating to air quality in Denton, and assisting in CITY to develop liaisons with regulatory and legislative groups relative to the air quality issue. jr, CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the development a of the project as outlined below. CONSULTANT shall exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under similar circumstances and CONSULTANT shall, at no cost to CITY, "re-perform" services which fail to satisfy the ; foregoing standard of performance. In addition to the duties enumerated below, CONSULTANT agrees to assist CITY's Executive Director of Utilities and other CITY personnel as may be required and as time permits on issues other than air quality. CONSULTANT's duties shall include the following: 1. Assisting CITY in developing strategies and regional coalitions to mitigate the severe impact of recent Air Quality Board designations relating to air quality in Denton, Texas; 2. Assisting CITY in developing liaisons with regulatory and legislative groups relative to the air quality issue. 3. Working under the general direction of CITY's Executive Director of Utilities. 4. Becoming fully knowledgable on the issues involved with air quality designation in Denton County, Texas. 5. Assisting Howard Martin, Betty McKean and others as needed toward the resolution of more favorable air quality designations for Denton County, Texas. I -I I 7• Completing reports, presrd Boaentations as a preparing presentations and making and the City ppropriate to the Public Utilities council of Denton, Texas. III. , TERM OF AGREEMENT CONSULTANT shall commence rendering services on A ril 1 This agreement will continue to be in effect until all terms of the agreement have been satisfied, 1991• i i COMPENSATION IV. ~ TO BE PAID CONSULTANT ' CITY agrees to pay CONSULTANT for the services hereunder as follows: performed A. Amount of payment for services: I CONSULTANT will charge the CITY on the basis of actual professional time spent, pa based upon the rate of FifteeneD for services will be not to exceed one hundred sixty Dollars ($15) per hour, require additional services f (CONSULTANT Should CITY limit, a new contract shall be executed, beyond this C B. Reimbursement of Expenses: CONSULTANTIs expenses shall be reimbursed by CITY, provided that they are approved in advance by CITY's Executive Director of Utilities. C. Dates of Payment: CITY will pay CONSULTANT within seven (7) days of receipt of each bi-weekly invoice from CONSULTANT. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed CONSULTANT that CONSULTANT is an independent contractor and shall not be deemed by and between CITY and not b , TEXAS far the o unconsidered an employee of the CITY OF security taxes p p G of income tax, withholdin compensation, or an acation or sick leave benefits g' social have supervision andother olt ofmployee benefit. ' worker s CONSULTANT cont CONSULTANT or CITY shall not perform and it is expressly understood that CO SULTANT shall hereunder at the general direction of the Executive heirector eof Utilities of designee under this agreement, the CITY OF DENTON or his I PAGE 2 1 VI. SOURCE OF FUNDS All payments to CONSULTANT under this agreement are to be paid by the CITY from funds appropriated by the City council for such purposes in the Budget of the City of Denton. 1 VII. j INSURANCE CONSULTANT shall provide, at her own cost and expense, any and 1 all insurance necessary to protect CONSULTANT in the operation of 1 her business. VIII. INDEMNIFICATION CONSULTANT shall and does hereby agree to indemnify and hold ` harmless the CITY OF DENTON from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of CONSULTANT in the course of the performance of this agreement, and CONSULTANT will, at her cost and expense, defend and protect the CITY OF DENTON against any and all such claims and demands. I G I . CHOICE OF LAW AND VENUE ~ This agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. X. CANCELLATION CITY AND CONSULTANT each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of their intention to cancel. If the Agreement is canceled before completion, the CITY agrees to compensate CONSULTANT for services provided and expenses incurred prior to notice of cancellation. xI. SEVERABILITY CLAUSE If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the PAGE 3 remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. / EXECUTED this the ZZ/day of , 1991. CITY OF D N, TEXAS , BY: LIAY V. L, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP D A TO LEGAL FORM: DEBRA A. DRAYOVI~CHI CITY ATTORNEY 111 )Q. ✓NANCY MOFFAT, CONSULTANT s ' 11 SOC.SEC. 90 - 3 v f f /l DATE: i i i • i i PAGE 4 ~ r ' ,9:1~~ocs~nlrfxk AGREEMENT BETWEEN THE CITY OF DENTON AND MATRIX CONSULTANTS, INC. FOR ARCHITECTURAL SERVICES This Agreement is entered into on August _ the City of Denton (Owner), a municipal corporation of the,Stateeof Texas, and Matrix Consultants, Inc. (Architect) whose business ad- dress is 10875 Plano Road, Suite 110, Dallas, Texas. Recitals On November 1.7, 1987, the Owner and Branch & Taylor Associates, Inc., entered into a contract to provide architectural services for the construction of two City fire stations No. 5 and 6. In 1988, Branch & Taylor Associates, Inc. amas ons ergedtwith r Womack-Humphreys Architects. station No. 5 was completed under the 1987 contract with Womack-Humphreys as the performing architect. In 1991, after the plans had been prepared but prior to beginning construction of Station No. 6, Womack-Hrmphreys Architects de- faulted on the contract. In order to complete the construction of Station No, 6, the owner and Matrix Consultants, Inc, have entered into this Agreement to provide architectural services during the construction phase of Station No. 6. i AGREEMENT The Owner and Architect agree ds follows: ' i ARTICLE I, ARCHITECT'S SERVICES 1.0 BASIC SERVICES - ADMINISTRATION OF THE CONSTRUCTION CONTRACT. 1.1 The Architect shall provide detailed administration of the Contract for Construction (the Basic Services) of Fire Station No. 6 as provided herein and the edition of AIA document A201, Gen- eral Conditions of the Contract for Construction, current as of the date of this Agreement. 1.2 The Architect shall be a representative of and shall ad- vise and consult with the Owner during construction and at the Owner's direction during the correction period described in the contract for Construction. 1.3 The Architect shall visit the site at intervals appro- priate to the stage of construction to become familiar with the progress and quality of the Work completed and to determine if the 1 ~.1 erformed in a manner indicating that the work when r Work is being p the Architect completed will be t accordance observations with an architect,0t of the Contract the basis Of on site ro ress and quality ence in dis OC he shall keep the owner informed utmost care and dilig defects or defic- and shall exerciseortoing to the owner anY The Work, and promptly rep Or any subcontractors. covering the work of contractor the structural, mechanical, iencies in at its expense, insure tha Architect t the wurk shall retain, and electrical engineers that are necessary to is being performed in accordance with the contract recognized resents that services under this Agree- The Nrchitect reerforming professionastandivegde pe or spr :ifications furnished o the defeigns romptlY corrected by the Architect at no cost to went. Any for The Owner's approval, acceptance, use 3r payment Architect will the owner. art of the Architect's services hereunder s hereunder or of the f all or any p alter the Architect's at ions or Project itself sal h in no ery . 01 over or ~ the Owner's rights a of and methods, techni- 1.5 The Archi'n ibleafor nconstruction rmeanrecautions and pro- shall not be resp~ rocedures, or work. safety P quest sequences or P The Architect shall not be grams in connection with the. t insofar with the contract DocumentsrexcepnY Tout he responsible for the contractor the Work in accordance result from of cover cor schacts or arge Of acts oor .omis- as such' may re agents or employ- Architect shall not haveSubcontractors# or orti their ons of the Work. eelil,ons or of of the any other persons Contract ersons performing P uor when dir- t as provided in the contraacu h 2ed, the owner and 1.6 Excep specially Communications ect communications have been h the Architect- the Archi- ommunicate throng contractor shall c nsultants by and with the Architect's co shall be throng tect. ~,7 nd Based on the Architect's observations at the site of the Applications for Payment, the Architect shall review and certify the amounts due the Contrac- Work a evaluations of the Co ntractors ptor. a ment shall constitute r essed to the r 1,8, The Architect's certification for p accordance a representation to the Owner that the Work has p of the work resentations are tect's rep point indicated and that the quality . correctable with the contract Documents. The Archi Documents the contract alifications expressed by the subject to minor devintdionssfro Pacific qu ifi e t shall further prior to completion a Architect. The issuance of a Certificate therissuann a Certifi- constitute a representation tha t However ntractor is enti tled to pay ce of meet in the mamount et shall not be a representation that the Architect cate for Pay Page 2 R - Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents, on the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise the utmost care and diligence in dis- covering and promptly reporting to the Owner any defects or defic- iencies in the work of Contractor or any subcontractors. The Architect shall retain, at its expense, the structural, mechanical, and electrical engineers that are necessary to insure that the work is being performed in accordance with the contract documents. 1.4. The Architect represents that it will follow recognized professional standards in performing all services under this Agree- ment. Any defective designs or specifications furnished by the Architect will be promptly corrected by the Architect at no cost to the Owner. The Owner's approval, acceptance, use or payment for all or any part of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations or the Owner's rights hereunder. 1.5 The Architect shall not have control over or charge of and 1 shall not be responsible for construction means, methods, techni- ques, sequences or procedures, or for safety precautions and pro- grams in connection with the Work. The Architect shall not be I responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents except insofar as such failure may result from Architect's acts or omissions. The Architect shall not have control over or charge of acts or omis- sions of the Contractor, Subcontractors, or their agents or employ- ees, or of any other persons performing portions of the Work. 1.6 Except as provided in the Contract Documents or when dir- ect communications have been specially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Archi- tect. 1.7 Based on the Architect's observations at the site of the Work and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contrac- tor. 1.8. The Architect's certification for payment shall constitute a representation to the Owner that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The Architect's representations are subject to minor deviations from the contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to pay- ment in the amount certified. However, the issuance of a Certifi- cate for Payment shall not be a representation that the Architect I Page 2 qr~ r-•~ t , r l has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material i suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 1.9 The Architect shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. whenever the Architect considers it necessary or advisable for im- plementation of the intent of the Contract Documents, the Architect will have author!ty to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or com- pleted. However, neither this authority of the Architect nor a ' decision made in good faith either to exercises or not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractor, material and equipment suppliers, their agents oi- employees or other persons performing portions of the Work. 1.10 The Architect shall review and approve or take other appropriate action upon Contractor's submittal such as Shop Drawings, Product Data and Samples, but only for the purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness to cause no delay in the Work or in the construction of the Owner or of sep- arate contractors, while allowing sufficient time in the Archi- tect's professional judgment to permit adequate review. Review of such submittal is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contractor Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, meth- ods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 1.11 The Architect shall prepare Change Orders and Construc- tion Change Directives, with supporting documentation and data if deemed necessary by the Architect, for the Owner's approval and Page 3 execution in accordance with the contract Documents, and may autho- rize minor changes in the Work not involving an adjustment in the extension of Contract Sum or an consiste t with the intent oftheeContract t DoTime cuments h are not in- 1.12 on behalf of the Owner, the Architect shall conduct in- I spections to determine the dates of Substantial Completion and i Final Completion, and shall issue Certificates of Substantial and 1 Final Completion. The Architect will receive and review written guarantees and related documents required by the contract Documents and assembled by the Contractor and shall issue a final certificate for Payment. tions 1.13 The Architects formance of the owner and Contractor a under performance on matters concerning j the requirements of the Contract Documents on written request of , either the owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 1.14 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- ings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both j Owner and Contractor, shall not show partiality to either, and shall not be liable for results for interpretations or decisions so of negligence. requirements of rendered faith in the absence accorance with all thi 1.15 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion the Work as provided in the relating Contract Documents. or owner and Contractor ' ARTICLE II ADDITIONAL SERVICES 2.0 GENERAL. Additional services are not included in Basic Services and shall only be performed if authorized in writing by the owner. If authorizedI shall owner compensate Architect for the Additional services as provided this Agreement. 2.1 ADDITIONAL SERVICES. 2.1.1 Preparing, Drawings, Specifications and other docu- mentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. Page 4 1 2.1.2 Providing services in connection with evaluating sub- stitutions proposed by the Contractor and making subsequent re- visions to Drawings, Specifications and other documentation re- sulting therefrom. 2.1.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 2.1.4 Providinq services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor. 2.1.5 Providing coordination of construction performed by sep- arate contractors or by the owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. , 2.1.6 Providing services in connection with the work of a con- struction manager or separate consultants retained by the owner. 2.1.7 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 2.1.8 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. i 2.1.9 Providing services after issuance to the Owner of the final Certificate for Pa tificate for pa yment, or in the absence of a final Cer- yment, more than 60 days after the date of Substan- tial Completion of the Work. 2.1.10 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- t inns of the Project provided as a part of Basic Serv.:•-:s. ARTICLE III OWNER'S RESPONSIBILITY 3.1 The owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. Page 5 I i ~l 3.2 The Owner shall furnish surveys and a legal description of the site. The surveys and legal information shall include grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, ease- i ments, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data per- i taining to existing buildings, or other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 3.3 The Owner shall furnish the services of geotechnical en- gineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pins, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and restivity tests. including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommenda- tions. 3.4 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Pro- ject and are request by the Architect and are not retained by the Architect as part of the Basic Services. 3.5 The owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. I 3.6 The Owner shall furnish all legal, accounting and insur- ance counseling services as may be necessary for the Project, in- cluding auditing services the Owner may require to verify the con- tractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 3.7 The services, information, surveys and reports required to be furnished by owner under this section 2.0 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Architect. 3.8 Prompt written notice shall be given by the owner to the Architect if the owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 3.9 The proposed language of certificates or certifications request of the Architect or Architect's consultants shall be sub- mitted to the Architect for review and approval at least fourteen (14) days prior to execution. The Owner will not request certifi- Page 6 i. i i 1 ti cation that would required knowledge or services beyond the scope of this Agreement. { ARTICLE IV. f TERMINATION, SUSPENSION OR ABANDONMENT 4.1 This Agreement may be terminated by either party upon not less than seven days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 4.2 If the Project is suspended by the owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 4.3 This Agreement may be terminated by the owner upon not less than seven days written notice to the Architect in the event that the Project is permanently abandoned. If the Project is aban- doned by the Owner for more than 90 consecutive days the Architect or the owner may terminate this Agreement by giving written notice. 4.4 Failure of the owner to make payments to the Architect in , accordance with this Agreement shall be considered substantial non- performance and cause for termination. 4.5 if the owner fails to make payment to Architect within thirty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven days written notice to the owner, suspend performance of services under this Agreement. Un- less payment in full is received by the Architect within seven (7) y days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, l have the hitect for dela damageccaused thelowner b causeaoflsuchtsuo the spen ion of services ,or 4.6 In the event of termination not the fault of the Archi- tect, the Architect shall be compensated for services performed prior to termination. ARTICLE V COMPENSATION OF ARCHITECT. 5.1 BASIC SERVICES 5.1.1 The owner shall pay the Architect a total fee of seven thousand dollars ($7,000.00) for the Basic Services set out in Page 7 i 1 i Article I, but not including Additional Services and Reimbursable Expenses. The fee for the Basic Services applies to a construction period of not more than three hundred sixty (360) days, beginning from the date of this Agreement. Any services beyond that period shall be considered additional services. 5.1.2. The Architect shall bill the owner each month during the progress of the Work at ten percent of the $7,000.00 fee for providing Basic Services, until eighty percent of the total fee has been paid. The final twenty percent shall be paid when all the Basic Services have been completed. 5.2 COMPENSATION FOR ADDITIONAL SERVICES i 5.2.1 For any Additional services as described in Article II, the Architect shall be paid $85.00 per hour. 5.3 REIMBURSABLE EXPENSES i 5.3.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the in- terest of the Project, as identified in the following Clauses. ` 5.3.2 Expense of transportation in connection with the Pro- f ject; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.3.3 Expense of reproductions, postage and handling of Draw- ings, Specifications and other documents. ' 5.3.4 If authorized in advance by the owner. expense of over- time work requiring higher than regular rates. : 5.4 BILLING AND PAYMENT 5.4.1 Payments are due and payable fifteen (15) days from the date of the Architect's invoice. 5.4.2 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 5.4.3 Records of Reimbursable Expenses and expenses pertaining to Additional Services shall be available to the Owner or the owner's authorized representative for inspection and copying at mu- tually convenient times. Page 8 F { i ARTICLE VI. TERM 6.1 The Architect shall provide the services specified be- ginning when the Owner awards the contract for construction and terminating with the issuance to the owner of the final Certificate i for Payment. 1 ARTICLE VII. I MISCELLANEOUS PROVISIONS 7.1 This Agreement shall be governed by the law of the State of Texas. 7.2 Terms in this Agreement shall have the same meaning as ntract for Con Document as oaf tGeneral Conditions of the he date of this Agreement. those in ATA 7.3 The Owner and Architect, respectively, bind the:iselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the ii other. 7.4 This Agreement represents the entire and integrated agree- ment between the owner and Architect and supersedes all prior ne- gations, representations or agreements, either written or oral. + This Agreement may be amended only by written instrument signed by both Owner and Architect. 7.5 Nothing contained in this Agreement shall create a con- r uagainst relationship either thwith or a e Owner or cause Architaction in favor of a third party 7.6 Architect shall maintain in full during the term of this agreement Professional Liability Insurance in the minimum amount of $250,000. The certificate of such insurance is attached as At- of named as an any cancellation. insured h. 4. The Owner 0 days notice be and shall be given CITY OF DENTON (OWNER) S LLOY V. HARRELL CITY MANAGER Page 9 I t J 'w 4w - t j . ATTEST: JENNIFER WALTERS, CITY SECRETARY By: N APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ~ MATRIX CONSULTANTS, INC., s (ARCHITECT) By ; ~i. KAT LEEN LUNS N, PRESIDENT • I i ATTEST: SECRETARY S f Page 10 i ISSUE DATE IWMJDD;'YV'I AC A, i cm n MATE OF `ANIM 0 8 1. 3 91 THIS CERTIFICATE T S ISSUED AS A MATTER OF INFORMATION ONLY AND ►ROOLICER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MCLAUGHLIN/BRUNSON INSURANCE -POLICIES BELOW. COMPAHkES AFFORDING COVER AGENCY, INC. AGE 10925 ESTATE LANE, SUITE 250 DESIGN PROFESSIONALS INSURANCE DALLAS TX 75238 C A E ER LETTER COMPANY B LETTER P RED COMPANY C LETTER MATRIX CONSULTANTS, INC. COMPANY i 10875 PLANO ROAD, SUITE 110 LETTER ~ DALLAS, TX 75238 IEOTTER Y E THIS IS TO CERTIFY THAT THE POLICIES OF WSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED HAMEOAkiOVE FOR THE POLICY PERIOD M GATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH:CH THIS CERTIFICATE MAY BE IUED OR Y XCLUSIONS AND CONO TIONS OF SUCK PPOUCIES.E IM ITS SKON'N MAY HAVE BEEN REOUGIfD BY PAID CLAIMg HEREIN IS SUBJECT TO ALL THE TERMS, I E POI EFFECTIVE POLICY EIPiRATIDM LNHTE TYPE OF INSURANCE POLICY NVM■ER DATE (MM1004") DATE (MMAWYYI LTA GENE RAL AGGREGATE E OENEML LUIKITY PROCUCTSCOMPIOP ADO, E COMMERCIAL GENERAL LABILITY PERSONAL l ADV. ;}L)IARY f + I CLAIMS MAX OCCUR' EACH OCCURRENCE t pyINER'S l CONTRACTOR'S MT. FIPF DAMAGE UNY one Br,) E I . ENE16E IMI ar P"I E . ME D COM NNED SINGLE E AUTDI LIAERJTY LIMIT ANY AUTO ALL OWNED AUTOS BODAMY ' t (PK Pew`) • SCHEDULED AUTOS BODILY INJURY S HIRED AUTOS D(Pw O LY INJU NO AUTOB I GARAGE LA I PROPERTY DAMAGE E I EACH OCCURRENCE t _ t E[CEN LIAWTY t _ _ UMBRELLA FORM AGGREGATE OTNER TNAH UMBRELLA FORM STATUTORY LIMITS i , i EACH ACCOENIT WORKER'S COIIP&MMN Aw DISEASE-POLICY LRAIT E OSEASE-EACH EMPLOYEE S pIPLOTERL' LW RTTY t A O PROF LIABILITY PL441777-0? 12107/90,12/07/91 $ 260,000.00 THE CLAIMS MADE PROFESSIONAL pESpIMTIOM OF O►EItAT10M✓L+LOCATIO NUVEMCLEW>KECIAL ITEY7 LIABILITY COVERAGE IS THE TOTAL AGGREGATE LIMIT FOR ALL CLAIMS PRESENTED WITHIN THE POLICY PERIOD AND IS SUBJECT TO A DEDUCTIBLE. 7 7. j SHOULD ANY OF THE ABOVE DI POLICIES BE CANCELLED BEFORE THE Ir EXPIRATION DATE THEREOF, THE ISSUING COMPANI WILL ENDEAVOR TO CITY OF DENTON MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HO'-DER NAMED TO THE JOE D. MORRIS , ASST . CITY ATT. LEFT, ISUT FAILURE 10 MAIL SUCH NOTICE SHALL IMPOSE NO OgLIGAT10N OR MUNICIPAL I C I PAL BUILDING LIABILITY OF ANY KING UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. DENTON, TX 76201 Au PTNORIEA ATVs A ~I LPL VIIII r •rr,,, ' .L., }}Mr I I~ T i.~ ~ ~ 1 S S ~.T 1 i i I J~ 1 11 1 i i i ' ' i A i ))i I / '1 F J i i i i j I I S ' I i I _t..... ,1~ T T 1 BID NUMBER 1242 PAGE 7 of 15 CONTRACT FOR HAZARDOUS OR TOXIC WASTE MANAGEMENT On this 21st day of May , 1991, 9-n. ftara. AY Tai Ivad}Ce Ohio 44278 (hereinafter designated as "Vendor") and City of Denton in Denton, Texas (hereinafter designated as "Customer") enter into this mutual contract for the management of certain waste materials according to the provisions set forth below. 1. Services. Vendor shall provide hazardous or toxic waste management for Customer according to the provisions of this contract and Addenda A and B hereinafter designated ! as "Addenda". Said Addenda shall be deemed attached to and incorporated into this contract upon their execution by both parties hereto. I 2. Waste Characterization. Except to the extent that Vendor characterizes Customer's waste based upon analysis of samples provided by Customer, Customer shall fully inform Vendor of the chemical, physical, and hazardous 1 characteristics of any waste to be managod pursuant to this contract prior to Vendor's performance of any r services hereunder. 3. Scheduling. Services shall be scheduled according to the provisions of the Addenda or by mutual agreement of the parties. In the event commencement of services by Vendor is delayed for more than two hours due to Customer's action or inaction, Vendor shall be entitled to reasonable demurrage charges of $75 per hour. Demurrage will not be assessed for any delay caused by the Vendor, nor for any time period during which services are actually being provided. 4. Compensation. Customer shall compensate Vendor for services provided according to the terms of the Addenda. Unless otherwise provided in the Addenda, Customer shall pay or reimburse Vendor for all state and local sales, use or excise taxes of any kind assessed on the services provided hereunder. Customer will provide Vendor a certificate of tax exemption to be used by Vendor for exemption of taxes on sales and service in Texas. If any L BID NUMBER 1242 PAGE 8 of 15 1 charge provided for herein is not paid NET 301 DAYS of its 1 due date, Customer agrees to pay a finance charge of one point five percent (1.5t) per month, or the highest amount permitted by law, whichever is leas, until paid. Customer also agrees, if its account is referred to an attorney for collection, to pay court costs plus reasonable attorney's fees. 5. Tara. This contract shall become effective on the date hereof and shall continue in effect, subject to the provisions of paragraph 16 below, until terminated by either party by giving 30 days notice to the other. 6. Customer Warranty. Customer represents and warrants to j Vendor that: a. any waste samples provided to Vendor shall be representative of the particular waste streams sampled; b. any waste characterization provided by Customer shall I r be true and correct; c. the physical and chemical composition of the waste transferred to Vendor hereunder shall conform within reasonable ranges to that of the samples characterization provided by Vendor; f d. Customer holds clear title to all waste to be managed v hereunder or is authorized by the owner of said waste to arrange for management thereof; e. if waste is PCB-contaminated oil to be chemically detoxified, said oil 1) is mineral oil dielectric fluid (transformer oil); 2) contains no more that 5,000 ppm PCBs; 3) contains no more than 500 ppm water; and 4) contains no constituents regulated as hazardous waste under the Resource Conservation and Recovery Act or associated EPA regulations; f. Customer is not currently under legal restraint or order that would prohibit transfer of possession or title to waste to Vendor for transportation, storage, treatment or disposal; 1 t 1 44r W 1 BID NUMBER 1242 PACE 9 of 15 g. Customer will regulations comply with all governmental laws, , and orders respecting the handling, storage, and packaging of the waste to be managed by Vendor; and h. Customer shall provide appropriate and access to the work site. In this context, "appropriate access" sufficient proximity, manpower, equipment to means The safe loading of Vendor's tru enable ck in a timely fashion. . he parties agree that Vendor's sole remedy for breach of this warranty shall be the demurrage charges outlined in paragraph 3 above. 7. Vendor Warranty a. Disposal Warranty. Vendor represents and warrants to Customer that: 1 1) Vendor understands the risks presented to ' property, and the environment in the handlingsona, I transportation, storage, treatment and disposal of 1 wastes to be managed pursuant to this contract; 2) Vendor is qualified to perform the services 1 hereunder and will do so in a safe and workmanlike ` manner and in compliance with all governmental laws regulations, and orders; and 3) Vendor and any subcontractors employed by Vendor possess and will maintain for the life of this contract all permits, licenses, certificates, and approvals necessary for the performance of services hereunder. 4) That Vendor will properly package, label and mark all applicable wastes under this contract in accordance with all applicable governmental laws, regulations and orders. b. The foregoing warranties are exclusive and in lieu of all other warranties whether statutory, expressed or implied (including all warrantIAS of merchantability and fitness for particular purpose and all warranties arising from course of dealing or usage of trade), except of title and against patent infringement. 8. Indesmification. Vendor shall indemnify and save Customer expcl nse, udingosasoer liability mployee ) harmless by and against any Y or resulting from the N PAGE W of 15 BID NUMBER 1242 (or eraltsstateoorrlocalslaws,fstatutesr failure Oicableofed with app overnmantal directives which regulate the regulations, or g or disposal of the handling, transportation, stoeall claims, suits and waste hereunder and from any and property liability for loss of or damage to any tangible able pr propop or or persons (including death) caused by any negligent willful act of Vendor or its Subcontractors during the -1 handling, collection, transportation, storage, or disposal and save of the waste hereunder. customer hshallin emnifyd against Vendor (including its employ ocaused by or resulting from any expense, loss or liability to fully the failure of rfe(or its deral, statenoralocal)laws, comply with applicable or overnmental directives which statutes, regulations, g rtation, storage or disposal regulate the handling, transpo of the waste hereunder and from any and all claims, suits ble and liability for loss of or damage to any t t by any property or persons (including death) caused negligent or willful act of Customer or Its Subcontractors during the handling, collection, transpo f or disposal of the waste hereunder. Vendor and customer shall, in the event of liability arising out of their joint negligence or willful actproporliable their other and any damaged third party relative degree of fault. 9. Transfer of Title and Responsibility. Following the loading of waste on Vtitle,srevehicle and sponsibility,panduriskrof the Customer's site, ass from Customer to Vendor, and loss for the waste shall p and hold customer harmless Vendor shall defend, indemnify lose, fines, or other for any subsequent damage, expense, liability connected with the waste. Vendor, its contractors and suppliers of any she 10. LiaVility. its or ier, shall not be liable for ssystern, fcost ofrcapital, t loss of use of equipment or power or temporary cost of purchased or replacement power l ex equipment (including aclaimsnof cupensestomersIncofurrethedCustomerin using existing facilities), or for any special indirect, incidental, or consequential damages whether based in contract or in tort, including negligence or strict liability. a. The total cumulative liability of Vendor under this Contract or any act or omission in connection therewith, such as the performance or breach~toor whether in contract, in tort (including negl.gence ~11 BID NUMBER 1242 PAGE 11 of 15 1 strict liability), under any warranty, or otherwise, 1 shall be limited to the price of that portion of the services upon whica such liability is based or $1,000,000, whichever is greater. This limitation shall not apply to liability for adverse effects on the environment. + 11. Insurance. Before performing any services hereunder, i Vendor shall obtain and maintain for the duration of this contract, at its own expense, at least the following insurance: Coverage Limits a. Worker's Compensation Statutory b. Employer's Liability $1,000,000 per ' occurrence { c. Commercial General Liability $1,000,000 combined (bodily injury and single limit proper,~r damage) d. Excess Liability $4,000,000 per occurrence and aggregate e. Automobile Liability ;5,000,000 combined (bodily injury and single limit property damage) 4 f. Environmental Impairment Liability (including $3,000,00 per occurrence sudden & accidental and $6,000,000 aggregate non-sudden 6 gradual) General Liability and Automobile Liability insurance shall name City of Denton as an additional insured. Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify Vendor and the City of Denton 30 days prior to effective date of any cancellation or termination of the policy of certificate or any modification of the policy which adversely affects the interest of the City of Denton in such insurance. The notice shall be sent by registered mail and shall identify this Agreement, the policy and the insured. Prior to commencement of work, Vendor shall furnish Customer with acceptable evidence showing that insurance coverage described in this article has been obtained. 1 BID NUMBER 1242 PAGE 12 of 15 1 12. Non-Conforming Waste. Vendor shall have the right to 1 reject or revoke acceptance of any waste that does not materially conform to the characterization or sample provided to Vendor by Customer. Vendor may at any timo prior to possession reject waste that does not materially conform to the characterization or sample provided to Vendor by Customer. If Vendor accepts waste hereunder, but determines within a reasonable time thereafter that the waste is non-conforming, Vendor may revoke acceptance of such non-conforming waste, in which case Customer shall pay, as applicable, (i) the cost of transportation to Vendor's facility; (ii) the cost of return transportation from Vendor's facility to Customer's premises; and (iii) other reasonable charges incurred by Vendor with Customer's prior consent. If Vendor rejects or revokes acceptance of any waste, it shall immediately orally notify Customer of such rejection or revocation of acceptance and the manner in which the waste is non-conforming and shall confirm such oral notification in writing within ten (10) business days. In the event of any such rejection, or revocation, Vendor shall also, with Customers assistance and approval, pursue all other reasonable means of managing the waste. Title, responsibility, and risk of loss for non-conforming waste shall remain with Customer until Customer and Vendor i agree upon appropriate management of said non-conforming waste by Vendor. Until such time, Vendor shall be responsible only for its own negligent or intentional acts with respect to the non-conforming waste. 13. Force Majeure. Delay or failure of either.party in the performance of its obligations hereunder shall be excused if caused by circumstances beyond the control of the party affected, including, without limitation, acts of God, strikes, fire, flood, windstorm, action or request of governmental authority, and inability to obtain material, equipment, or services, provided that a prompt notice of such delay is given and the affected party diligently attempts to remove the cause. 14. Confidentiality. Should Vendor, in the performance of this contract, acquire confidential information concerning Customer, whether financial, technical, administrative, or of some other nature, Vendor shall hold such information in strict confidence, and shall not use said information, nor disclose it to any other person, except as required for regulatory compliance or performance of this contract, without Customer's prior written consent. BID NUMBER 1242 PAGE 13 of 15 i 15. Independent Contractor. Vendor is and shall perform this contract as an independent contractor and as such shall have and maintain exclusive control and direction over all of its employees, agents, and operations. Neither Vendor nor anyone employed by Vendor shall be, act, purport to act, or be deemed to be Customer's agent, representative, employee, or servant. Vendor assumes full and exclusive responsibility for the payment of all premiums, contributions, payroll taxes, and other taxes now or hereafter required by any law or regulation as to all personnel engaged in the performance of this contract and agrees to comply with all applicable laws, regulations, and orders relating to social security, unemployment compensation, OSHA, affirmative action, equal employment opportunity, and other laws, regulations, and orders of like nature. For any work hereunder subject to Executive Order 11246 (Equal Employment Opportunity), the Vietnam Era Veterans Readjustment Assistance Act of 1974, or the Rehabilitation Act of 1973, the parties hereto shall comply with all provisions thereof together with all applicable rules, regulations, and orders of the Department of Labor, and the notices required pursuant to 41 C.F.R. 60-1.41 60-250.4, and 60-741.4 are hereby incorporated by reference into this contract. 16. Cancellation. Either party may cancel this contract immediately upon notice to the other party, and without incurring any liability to that party if such other party a. violates any provisions of this contract; b. has been adjudicated bankrupt; } c. has filed a voluntary petition in bankruptcy; d. has made an assignment for the benefit of creditors; or e. has had a trustee or receiver appointed for it. 17. Icon-waiver. The waiver by one party of any breach or default hereunder by the other party shall not operate or be construed as a waiver by that party of any other or subsequent breach or default. 18. Asslgnaent. Vendor may at any time, upon written notice to Customer, delegate orally or in writing the performance of services hereunder, or any portion thereof; provided, however that Vendor may not, without the prior written consent of Customer, cause the disposal of waste materials 1 ti 1 PAGE 14 of 15 BID NUMBER 1242 1 at any facility other than that dspecified in the not applicable Addendum. Any such operate to relieve Vendor of its responsibilities Vendor hereunder, and notwithstanding any such delegation, shall remain obligated to customer in these undertakings. Except for the right to under this Contract. time assign its rights 19• Non-exclusivity. This contract shall not be construed as M granting to Vendor the exclusive right to manage waste for } Customer. Customer reserves the right to contract with i other parties for such services as it deems necessary. lawscontract 20. Applicable Law. This the State of Texas. venue for exclusively by the any lawsuit involving this contract shall be in Denton i ~ kh County, Texas. 21. Severability. if any provision hereof is found to bsuch illegal, invalid, or unenforceable, for any reason, findings shall not affect the other provisions hereof. i 22. Entire ennbetweensCustomertandnVendortrespectingathe only agreement sedes all prior or subject matter hereof. it re reserntations, promises, or conflicting agreement, any conflicting provisions contained conditions, including in purchase orders submitted by customer hereunder. Any modification of artiesoandamustuexpresslywindicatenan signed by both p contract. ~ intent to modify this 23, Notices. Unless otherwise indicated, all notices pursuant to this contract, except for notices under paragraph 16, shall be sent in writing b;, certified mail# return receipt requested, or by facsimile machine (FRCS), addressed as follows: TO VENDOR: TO CUSTOMER: City of Denton Vendor S, Myers, Inc. Attn: Purchasing Dept. E, Karl Attn: Jane 9018 Texas Street 180 South Avenue Denton, Texas 76201 ( Tallmadge OH 216) 633, -2666 66 ex442t, 78 315 (817) 566-8311 (216} 633 upon Any notice transmitted by mail shall be effective as of the date Any • receipt. notice maybe effective pursuant by to FACS shall paragraph be Notices transmitted actual given 1 BID NUMBER 1242 PAGE 15 at 15 by telephone, but must be confirmed in writing within ten (10) business days. Agreed to by Vendor and Customer as of the date first written above. ' i FOR CITY 0 E N, T AS YD V. ELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY : I APPROVED AS TO LEGAL FORM: DEBRA A..DRAYOVH, CITY ATTORNEY BY:, ' FOR VENDOR Q f LQ-' ( - /t~~a J RL, OTE DEVELOPER r 1. s . 1 ~1 ~]MYOS THE TRANSFORMER CONSULT April 15, 1991 f City of Denton 901-B 'Texas Street I Derntan Texas 762001 Beferenoe Bid #1242 S.D. My Me Inc. respectfully wirshes to make the follwirx! clarifications to the enclosed bid. { I PCS materials into disposal "city of Dentran will assist in loading vehicle." 4follaaing prices as%wA City of Denton to provide rigging- to "Payment will be processed as follOws: Fifty Pei t pig from the city Fifty Perot af= City"xs of destruction and disposal are received by the of the invoice anauit upon S. D. Myers Inc. typically bills 100 peroerst Hawrex, 10 pew of the receipt of~the material into our faci: of th ~carcass Certificates of bill may be retained until receipt Dest,ruc-tion. Thank you for the WPOrtunitY to bid this job. If yc' e to have a 9. further information' or would like Place 12) 892-N9r C~yeBtiC~114, require salesman, Zt U SZyIDanr Please feel free to contact ycUr Y r T.E Karl Quote Developer 180 South Avenue, T09mvdge, Ohio 44278 Phone, (2W 633.2666 i ?ay° 3 of Blip PROPOSAL' . i 901 xasSt. y01.8 f DentortToxss Centor%Texas 75201 o City o ■nmeN • ,3 i0 tiU~icn 1'?4? De ~ Purehasing P . at PRICI.3C services rendered actual gross weight entitled to compensation for y~ased upon the N Vendor shall be which are the ;ollowing ra es, ?rice per lb- of qualifying waste products: of P 450 PSM, 50000 PPM Waste Product Trans=ormers capacitors Oil Switches 30 ~ Debris QUANTITY identified of the waste Products`d for up and disandegalions of oil are lis e vendor shall Pic%ofweights be tow , Estimates gemo•red reference only' !a:ci sum ;scm . n510115 ice ` Ga_ C~e Cone. 90 ' city gV~ (6n4) Oi 0 2S=Kay' a'- , - 200 24.5 x 22• ID Sergi _-----5.0 2000., 6.0 .0 - ° 24 34.0 x 25-Jua-.0 Oee Ty'a lcG 0 7.0 260 Z4 3 •V T - CS? G~ -17S 0236n01 10.0 221.7 7.0 22a 37.5 a 23.0 T CS? G8_ 5.2 c345303 10 315.0 16.0 ]7.5 x 23'0 - 32Z 1 T Cs? Gn 214 064 •SJD22163 10.00 127.2 16.0 325 40.0 a 24.0 - T 052 5;_23900 15.0 67.1 6' 330 40.5 x 24.0 24-Ju1-90 CS2 ill 191 136.6 17.0 39.0 x 23.0 53F.3:.6 11 0 5 295 30 Z3. 24-Ju1-90 Vri T CS? iH 1965 572+,634 15.0 350.0 15.0 29c 3a.0 x 23.0 07- CS? G- 2904 31 15.0 30.3 14.0 ~9" 35.3 s 23.0 24-Ju1-90 CON G~ 2406 C2492o2 15.0 200.0 X5'0 3320 65 40.3 < 2'.0 24-Jul-40 T co, 24.0 27-Jun-°0 T e52 k 30IC0 578.3963 15.0 194.2 17.0 330 41' 0 a T CS? -a 3]00 575230'7 15.0 330.0 15.0 3^" 3'.n x 24.0 03-Jan 91 T CS? 3577 5723...,5 15.0 167 0 4_g 0 Oa- A 14- 24. 20 31.0 x 25.0 p7-san 91 r, CS? nC 35~~ 13319 0 25.0 694.4 Y6 'o 3 42, CS? P.C 12.9 57:11930 29•0 1072.7 11. r• 429 37.0 x 25.0 T Cs? h-C 3466 34 8060438 25.0 1415.9 11.3 A 440 days from I order. Terms nevYo T CSP 3447 3< receipt T CS ? AC o o Denton Texas. Shipment can be made ln~~- Texas within a ed and d re limed. we cuote the shove to b. deliver priced, sign lance of any or all bid items by the GiI of Den untess otherw5a indica vendor ag ted. rees that accepts Pioposat must be way P In submitting the above b'id, omplejed Bid the reasonable period of time 'cnstitues a contract.The Fjte SYe1°Cer (?16) 633-2666 a. - 2984L 1 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND PARENTS ANONYMOUS This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Parents Anonymous (hereinafter referred to as Agency); WHEREAS, the City's Human Services Committee (HSC) has re- viewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits , assistance and can provide needed services to citizens of the City and has provided for funds in its budget for the purpose of paying for contractual services; ` NOW, THEREFORE, the parties hereto mutually agree as follows: i 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. Provide ongoing parent support groups and children's programs aimed at child abuse prevention. B. Emphasize programs where individuals take responsibility for their own healing and growth. C. Respond to referrals from various organizations within Denton including the Texas Department of Human Services, Parents Anonymous heartline, and local parole officials. D. To develop additional programs targeting low income neighborhoods with a high percentage of at-risk families and youth. E. Maintain the Parents Anonymous Heartline. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Two Thousand Seven Hundred and No/100 ($2,700.00) Dollars paid to the Agency by the City and the only expenditures from i G , ided funds are e haunted as ' PTO other id se rvices from any ch time an the scop funds re esev funds for a until sulisted i commingle utilize th unt saute a this accouge'expenseshall not shall not tho e. herein this ae ount and she e, and maitre ingn fc funds d other purpose. es that tus for or the city will that 1 tun ° for this pr °e tinan6ia stn yed officials u tionsr review oft permitaenyOtime• its rul ecutive Di amend- 1 th tiny will at 1 of is Ex iv Y along wl C. ew its bpOks Writig all copy represe" adopted • ld encumb o f to nevi will d to a° n 1) it an ori.7,ed et and p°1i eeor his or"revisions whene contracts d that du the term of. riCensadditip°s' enter intthat ,ould eaten required may be E • It wile for a period the Agencyhe City of Denton fund to ty, thf sCn `.°"went •discretio f the" Qe l Cijear ted unles n bails 1 V, pt the balance ncy `s fisca when submit ancies i Finance bills discreQ or Of the end of the all at the etion• ble to omptly ply; any errors te It vredDrp will pr in a bi d to th r Furth avails °ffi- ' is alldbe p= i ld repre entat iege tat inawh a and her city ah uth rep of any and or his It will ,%ecti ive Director s the CitYOfro he the ecity meet wwhentre4 sted• and holdo atheeagevei"~ and h expens exI cep, cial I. It 11-L indem s )itsnaricontractor "t includ any claims lti g lattls "s ver recut act of all cyee m all'O liabiliaacount ° Ater whstssion Of any its emQlo fro for or °of any chance or a Agency' end harml yn feesor damage the 48rfortive of th ear. copies ts D tOn ftito anoY in 'par ent ar represen cop en ,whole Y ,hole ee, ag the C1"Y of any 3 eaViol to It nieib8tatements , E OF p FG~ undertaken by the audited Wane 111, 1-- ityeshall be fo, in?, time fry the e servte s funded en y within " AS Y AGE 2 1 1 this account, until such time as said funds are exhausted be for those expenses listed in the scope of services as provided r sources in this accountlandoshall notlutilize these vfunds o for other 1 other purpose. I B. It will establish, operate, and maintain an account system i for this program that will allow for a tracing of funds and a i review of the financial status of the program. i C. It will permit authorized officials for the City of Denton to review its books at any time. { D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amend- ments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of h City,, to refund the balance of the special account Agency c hem City ofeDenton at the end of the Agency's fiscal year. i ~ G. It will is a It w promptly pay all bills when submitted unless there discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. 1. It will indemnify and hold harmless the City from any and all clams and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit excep- tions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMANCE services fund the Agencyewithin the following t me frame8ha11 be undertaken b y by the PAGE 2 I s F' t ~ l October 1, 1990 through September 30, 1991. IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay- ment by letter addressed to: City of Denton, 110 West Oak, Suite B. Denton, Texas 76201, Attn: Community Development Coordinator: 675.00 on or after January 1, 1991 675.00 on or after April 1, 1991 675.00 on or after July 1, 1991 675.00 on or after September 30, 1991 B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Two Thousand Seven Hundred and No/100 Dollars ($2,700.00) for all of the services rendered. It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the City of Denton. C. The City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provision of any goods cr services. r ' r V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. Agency shall submit a r cop of the annual independent audit to City within ten (10~ days of receipt. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of active volunteers. 2. Number of volunteer hours served. 3. Number of stations in which volunteers serve. PAGE 3 I 4 h 1 4. Number of families served. 5. Length of assistance for each family. D. Agency shall submit quarterly financial statements to City 1 in January, April, July, and September. Each statement shall include income and expenses for the preceding quarter. VI. DIRECTOR'S MEETINGS During the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Hoard of Directors, setting forth the time and place thereof. S give uch notice shall be delivered to the City In a timely manner to description of nthecmatters shall lbe idiscussed, agenda Agency aunderstands ' and agrees that City representatives shall be afforded access to all Board of Director's meetings. i Minutes of all meetings of the Agency's governing body shall r be submitted to the City within ten (10) working days of approval. ' r VII. SUSPENSION OR TERMINATION f The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of y this agreement. C. Agency's submission of data and/or reports that vre incor- rect or incomplete in any material respect, or i D. Appointment of a trustee, receiver or liquidator for all or { a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- i ceedings by or against the Agency. } E. If for any reason the carrying out of this agreement is rendered impossible or infeasible, In case of suspension, the City shall advise the Agency, in writing, as•to conditions precedent to the resumption of funding and specify a reasonable data for compliance. PAGE 4 :Y i 1 In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- q w stitute a waiver of any claim the City may otherwise have arising +1 out of this Agreement. f VIII. EQUAL OPPORTUNITY { A. Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. ' B. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for him- self, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsibil- ities in the raview or app roval of the undertaking or carrying out of this Contract shall (1~ participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. f PAGE 5 1 X. NEPOTISM any person who is in any paid capacity is currently ho Agency shall not employ of any person w board the immediate family member of Agency husbands governing . is a includes: wife, sband, a member of or family' emp y gency, in-laws, aunt, to ed by Amber of immediate sister, and BOn,tdaughter, mother, stephparent, °tstep-child, half-brother uncle, nephew, niece, half-sister* affix t~r signs- EOF, the parties do h8eebof the day of IN WITNESS ~ nto this Agreement re and enter J4 1- J • CITY OF DENTON, TEXAS ' J B -6AL ATTEST: CITY SECRETARY JENNIFER WALTERS3 CITY SECRETARY i BY: 0 LEGAL FORM: j APPRO D AS DRAYOYITCH, CITY ATTORNEY DEBRA A. ; J I ~ 1 I ' BY PARENTS ANONYMOUS LZ L,c2Gf-cam ATTEST: 1 R I t PAGE 6 w ~r~~-- ~ r~~'s ~i r_ - -~---ter AMENDMENT OF AGREEMENT BETWEEN THE CITY OF DENTON AND RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) Recitals 1 On November 15, 1990, the City of Denton (City) and Retired Senior j Volunteer Program (RSVP) entered into an agreement, a copy of which is attached, providing for the payment of funds by the City to RSVP for providing the community services described therein. The City has agreed to increase the funding for the contract term by $600 in exchange for RSVP providing a concu,rent increase in services. ` AGREEMENT i The parties agree to the amendment of paragraph A and B of section IV (Method of Payment) of the attached contract, the amendment to read as follows: IV. t'.ETHOD OF PAYMENT A. Payment by the City for service provided hereunder will be made in accordance with the following schedule, upon the request of the Agency for payment by letter ad- dressed to Community Development Coordinator, City of Denton, 110 West Oak, Suite B, Denton, Texas 76201 Z I $1,550.00 on or after December 1, 1990 { $1,550.00 on or after April 11 1991 s $1,550.00 or after July 1, 1991 , $2,150 on or after September 30, 1991 } B. In no case shall the total compensation paid hereunder exceed Six Thousand Eight Hundred Dollars ($6,800.00) . ' for all the services rendered. ` i t signed 1991. . s BOB CASTLEBERRY$ MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY s BY: to) APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHH,,CITY ATTORNEY BY: O 1 (l~'_ I b t . T % J RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) ' C e DIRECTOR ATTEST: i c2~C BY: SECRETARY F 1 i f I t I I I J i rsvpk I G I \ • r \ \1 11 I `1 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Ruln Municipal Corporation, (hereinafter M referred to as City) and Retired Senior Volunteer Program (RSVP) (hereinafter referred to as Agency); WHEREAS, the City"s Human Services Committee (HSC) has reviewed the services :f the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and ' therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and can provide needed services to citizens of the City, and has provided for funds in its budget fcr the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency's purpose is to offer opportunities for retired persons sixty (60) years of age or older to do volunteer service in the community. B. To remove obstacles that would keep volunteers from serving (transportation, reimbursement, meals, insurance). C. To develop stations, non-profit, public and private, in which ! volunteers can serve and with stations representative to des'.gn job i descriptions for services needed. D. To recognize volunteers for their valuable service. To recognize supportive staff in cooperating agencies. E. To recruit, place and train volunteers. II. OBLIGATIONS OF AGENCY In consideraticn of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Six Thousand Eight Hundred and No/100 ($6,800.00) Dollars paid to the I w 1 1 1 Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to 'I review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Community Development office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. i Y I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME of pERFORMANCr The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1991 through September 30, 1992. PAGE 2 I R 1 I IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, + Texas 76201, Attn: Community Development Coordinator: $1,700.00 on or after January 1, 1992 $1,700.00 on or after April 1, 1992 $1,700.00 on or after July 1, 1992 $1,700.00 on September 30, 1992 B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Six Thousand Eight Hundred and No/100 Dollars ($6,800.00) for all of the services rendered. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. A copy of the Agency's annual independent audit shall be furnished to City within , ten (10) days of receipt by the Agency. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of active senior volunteers. 2. Number of volunteer hours served. 3. Number of stations in which volunteers serve. D. Agency shall submit quarterly financial statements to City in January, April, July, and September for the preceding quarter, which shall include expenses and income. PAGE 3 i VI. 91= R MEETINGS to be Agency shall cause its Board 1 During the term of this Contract the , Such notice delivered to the City Copies of all no nd lace thereof.s of setting forth the time and place to give adequate of Directors, in a timely tion of the shall be delivered to the City enda and a brief description notice, and shall include Agency understands and agrees that City i matters to be discussed. representatives shall be afforded access to all Board of Director's meetings. all meetings of t Agency shall make available miwithin ten (10) working days Agency's governing body to the City 1 approval* vwTNATIOiI VII. rve*nN OR TE - Agreement and payments to The City may suspend or terminate this le for cause. Cause shall include but not the Agency, in whole o or part, be limited to the following! inept use of funds. A. Agencyrs improper, misuse, or ~ g, Agency's failure to comply with the terms and conditions of this agreement. submission of data and/or reports that are incorrect C. Agency's s aterial respect, or or incomplete in any 12 receiver or liquidator for all orof D. Appointment of aus or institution Agen~is Property, liquidation substantial part of the rearrangement of or bankruptcy, reorganization, or against the Agency* proceedings by out of this agreement is E. If for any reason the carrying rendered impossible or infeasible. t , 4 the city shall advise the Agency in In case of suspensions resumption of funding and writing, as to conditions precedent to the compliance. specify a reasonable data for comp will remit to the City any in case of termination, the Agency these funds shall not the city may otherwise have arising r unexpended city funds. Acceptance of constitute a waiver of any claim out of this Agreement. VIII. x ~ written plan for A. Agency will submit for City approval a compliance with the Equal ~PlOY1°etit and Affirmative Action Federal PAGE 4 W f 3f 1 i provisions, within one hundred twenty (120) days of the effective date of this Contract. H. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. 1J IX. SONFLICT OF INTEREST + A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of i its governing body. B. The Agency further covenants that no member of its governing body )r its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or i / other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsibilities in the review or a Contract shall p lroval of the undertaking or carrying out of this Contras (1) participate in any decision relating to the t which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. Agency shall not employ in any paid capacity an member of the immediate family of an person Y person who t a employed by Agency, or is a member of A ncsgo who is currently term "member of immediate family" g y governing board. The daughter, mother, father, brother, Includes: in -laws, haunt,~d uncle, , son, nephew, niece, step-parent, step-child, half-brother and half-sister. PAGE 5 y of he s n tures IN WITNESS WHEREOF, the parties do he hY~ as ix and enter into this Agreement as of the Y 1991. CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYO i l ATTEST: 1 JENNIFER WALTERS, CITY SECRETARY 4 BY: APPR ' D A TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: I RETIRED SENIOR VOLUNTEER PROGRAM r (RSVP) j i DIRECTOR 0 i c ATTEST: I XJ BY: SECRETARY o n,wooose PAGE 6 L , 1 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 25 day of June A.D., 1991 , by and betrnen THE CITY OF nENTON i of the County of DEAPON and State of Tlxas, acting through I LLOYD V. HARRIU.t. thereunto duly authorized so to do, hereinafter termed 'OIiNER,• and FLOTD CUM SK M, P.O. BOX 1781, DENTON* TEXAS 76202 Of the City of DENTON , County of DENTOM and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID /1249 - CARROLL BLVD TORN LANE in the amount of $12,687.00 and all extra work in connection therewith, under the terns as stated in the General Conditions of the agreements and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 ` 01148 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DEMTON ENGINEERING STAFF ' all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status it is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withbolding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. J City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee i under this agreement. Indemnification Contractor shall aad does hereby agree to indemnify and hold harmless i the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such f claims and demands. Choice of Law and Venue r This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. r The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 01148 IN WITNESS waEREOP, the parties of these presents have executed this agreement in the year and day first above written. \ A EST: 1 CITY OF DErMff OWNER i J1 (SEAL) , 1 ATTESTS jom CONTRACTOR 8y T tle r (SEAL) APPROM AS TO FORM: ty Attorney a i CA-3 0114s >w 1 1Ww-sue-„ i PERFORMANCE BOND 1 STATE OF TEXAS COUNTY OF DENTON )C I MOW ALL MN BY THESE PRESENTS: That FLOYD GLENN SMITH i of the City of DDMV County of DENTON , and State of TEXAS as PRINCIPAL, and Universal Surety of America as SURETY, authorized under the laws of the State of Texas to act as surer on bonds for ' y principals, are held and firmly 4 bound unto the THE CITY OF DENTON as C NER, in the penal suss of TwayE THOUSAND sL SUHDRM EIGBTT SUM AND 00/100- Dollars ($12.687.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: 1,AERFIS, the Principal has entered into a certain written contract with the OWNER, dated the 25 day of JULIE , 19 91, for the construction of BID J124e - CIUM1 1ti.V11 RTV~ T~xQ in ttv .n......t of S12,687,00 a which contract is hereby referred to and made a dpart hereof as fully and to the same extcnt as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal. shall faithfully perform maid Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, than this obligation shall be void: otherwise to remain in full force and effect; PB-1 J S , 1 1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON :ounty, State of Tema. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying j the sale, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of July , 1991 Floyd Glenn Smith DBA Floyd Smith Concrete Contractor Universal Surety of America Principal Surety l By I ~I ! Title Title Attorney-In-Fact i Address P.O. Box 1781 Address _1812 Durham r)p n. Tx. 76202 Houston, Texas 77007 ' (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey King d Minnis, 101 S. Locust Suite 707, Denton, Tx. 76202 NOTE: Date of Bou.i must not be prior to date of Contract. PD-2 0091b 'r i PAYI[ENT BOND r STATE OF TEXAS COUNTY OF DENTON XNOW ALL ?MN BY THESE PRESENTS: That FLOYD GLENN SMITH of the City of DERTON ' County of DENTON , and State of TEXAS , as principal, and of America authorized under the laws of the State of Texas to act as surety on bonds for THE CITY OF DENTON principals, are held and firmly hound unto OWNER, in the penal stn of [VElAE THOUSAND S at33X 7.00 ) EIGHT SEVEN AND NO/1 Dollars 12.68 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by 11 thus presents: WHEREAS, the principal has entered into a certain written contract I with the Owner, dated the 25 day of JDAE 19 91 I I , i f BID #1249 - CARROLL BLVD TURN LANE in the amount of $12,687.00 I to which contract is hereby referred to and made a part hereof as fully and to the E same extent as if copied at length herein. NOW9 THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the ' said Principal shall pay a1.1 claimants supplying labor and material to his or a shall be prosectio of the otherwise to provi in fullrforcesand ect Ct' they subc tthisontrictor in the PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 1 i 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the raid Principal and Surety have signed and sealed this instrum-ent this 9th day of duly , 19 9191. Floyd Glenn Saith DBA Floyd Universal Surety of America Smith Concrete Contractor _ Principal Surety By 4 WZ171A Title Title Attorney-I -Fact Address P.O. Box 1781 Address 1612 Durham Denton. Tx. 76202 Houston, Texas 77007 {I (SUL) (SEAL) 1 The nmw and address of this Resident Agent of Surety is: -RAmev King 6 Minnie 101 $.Locust Suite 707. Denton, Texas 76201 r PB-4 0092b 14V 4W-- 1 MAINTENANCE BOND STATE OF TEXAS X COUNTY OF DENTON ! KNOW ALL MEN NY THESE PRESENTS: THAT FLOYD CLENN SKITH as Principal, and Universal Surety of America a Corporation authorized to o business in the State o ens, as Surety, do 'hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sus of ONE THOUSAND TWO MZDRED Dollars~aa ~n o I t e total amounto the contract for the payment of which *sum said principal and surety do hereby bind themselves, their successors and assaigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said FLOTD GLENN has this day entered into a written contract wit t e sai City o Denton to build and construct DID #1249 - CARROLL BLVD TURN LANE which contract as the plans and specifications therein mentioned, adopte the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full hereiu, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the sane against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NB-1 0093b i NON, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be mull and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may ~ be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue tbrougbout said f maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN UITNESS HHFREOF the said Floyd Glenn Smith DBA Floyd Smith Concrete Contractor as Contractor an Principal, has eaus ese presents to executed y _,Univ rsai Surety of America and the said as surety, has caused ese presents to executed by its Attorney-in-F ct and the said Attorney-in-Fact has hereunto set s and t s _9 y of July 19 91 . M SURETY: PRINCIPAL: Floyd Glenn Smith DBA Floyd Smith Universal Surety of pmerica rece Contractor BY: i t Attomay-in-Fact j i tffi-2 I 0093b f y INSURANCE MINIMUM R£(1UIREMSNTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance I coverage as indicated hereinafter. 4 Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The j certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered , thereby is changed or cancelled. The bid number and title of- the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. . To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given! o The City of Denton shall be an additional named insured on all policies. 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any { reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonosmed, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others k arising out of any act or omission of the Contractor or `r his agents, employees or subcontractors. CI - 1 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed. arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for -the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. E The liability limits shall not be teas than: I~ o A combined single limit of $5001000.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 i DEFINITIONS E 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. W)TICE OF CANCELLATION: Each policy shall require that, thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days , written notice to owner is required. 3. C014TRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage bread i enough to provide coverage for obligations assumed by the contractor'in the referenced contract. This Certificate of insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover builaings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or I while acting on behalf of the owner. CI - 4 1 City of Denton Reference: 8O/Carroll Blvd., Right Turn UA 3ne Naiie and Address of Agency Project Nam : Project No: 101 S.Locust Suite 707 A "_3B2`9b91 Project Location: Phone _ Managing Dept: Com W~es Ay ffordlPi Coverage: Naas and Address Of Insured: A Trinit Insurance t 9 Landmark American Insurance Company 1781 c Denton Tx. 76202 Phone 1) policies of insurance listed bola have been ISSOW and are in fora at this t1r~. l that: to all applicable coverage- "is is to cart fy tialts of Liability 2) TM city of Denton 1s listed as as additlooal fns as Expiration T Poll Numb r to ` roe T of I urana 1 j etter 3 Comp"honsive Otneral Liability GLA7474918 51]192 Bodily injury A x: Occurrence 01-41 1 - Claia$ Made (see ft-Page property Dsuge Broad Fora to Include: and Property 1 f I x Preaises/Operatla+s S(gye inJuyY iwd Coat x independent Contractors products/CoRpleted Operations z personal Injury CI-1) i z contractwl LiabilitysHHaaz 03-Pa" x Explosion and Collapse Underground Hazard y -4) z Liquor LibLiabillty (ss" #5-Page CI z Fire Legal property NOW * Broad Foew Props _ Professlona 0aissIons occurrence 01-41 claims "de (see s4-Page TBA2008105 le ury/Person sire Artomobiie Bodily leery 611192 eod11Y /Accident f B LS Z illty property D~ _ wily t"3Wty _ owoed/Leased AutOwbiles niryiadle f 500,000 Non-CWned AutowbiIf$ Damage Comb Hired AutOnnblles Statut AMC"nt Compensation u.l WC8273085 5/1/92 A £ssployers Liability = 500,000 protective Liability New App 714192 _ Owner A Other insurance nor► renerai, or wterlal chaage In covorw. Description of operations/Locati0m/Yehlcles~ttce of cancellation, Each policy shall require thirty (30) days (See 02, Page Jul 9] Name and address of urtifiute Voider. / CITY I N M Of NENTOM, TEXAS 4 AT1A *L-)- 1NG AOENI pURGU15 PAGF gO1.B TEXAS S1. SEE OEFINi InNS C11 OEMIOM, TEXAS 76201 -r BID i L Zta PROPOSAL TO THE CITY OF DENTON, TEXAS ' w FOR THE CONSTRUCTION OF { US HWY. 380/CARROLL BLVD. RIGHT TURN LANE IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the mana,ir prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - 1 e Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within ~ fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform of whatever nature required, in strict accordance with thelp work and specifications, for the following sum or prices, to wit: I 111, i ' I p - 2 BID NO. 1249 US Hwy. 380/Carroll Blvd. Right Turn Lane PO NO. 1 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL. wove Concrete 505.00 3. B.1 Curb and Gutter 292 LP 2.50 i 000.00 SP-33 ReMVe Concrete Inlet 1 EA 1' ~/EJ► ' 6.00 570.00 3.3 Unclassified Excavation 95 Cy /CY I 1,500.00 1,500.00 yzjk 7.6.A 10' Inlet 1 EA 50.00 500.00 2.1203 18' RCP (Class III) 10 LF /LF 150.00 150.00 2.11.5 Inlet Frame and Cover 1 EA 768 00 8.2 Integral Cub 197 [.F 4.00/LF 548-A as concrete Pavement 193 SY sY 15.983.00 150.00 SP-15 Ad wt water Va v 1 SP-2 concrete saw Cut 206 LF 3.50 LF 721.00 ' ntractor@ warranties 1.21 and Understandin s LS Barricades, warning 300.00 300.00 8.1 signs and Detours - LS SP-39 Pro ect Si ns 1 EA 00.00/~ 150.00 I ' TOTAL o2 P - 3 1 .1 BID SUMMARY TOTAL BID PRICE IN WORD' ~X/fU rLAI i In the event of the award of a contract to the undersigned, the ' undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of ' the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control o m extensions. I l CONTMCTK)R BY StCf*t Address I7~,~~ou -/o,~A.S y an a Seal & Authorization .(If a Corporation) 4 ~S' Te ephone B - 1 UNIVERSAL SURETY OF AMERICA I 1812 Durham, Houston, 'fexas 77007 Pond No, 699-1072 Pat verirmu(an of the authority of Nir power you may teleptxw (711) 961-779X. GENERAL POWER OF A77ORNEY - CERTIF(FA COPY Know All Men by These Presents. That UNIVERSAL SURETY OF AMERICA, a corporation duly urgs;t ud existing Linde: the laws of the State of Texas, and having its pincipal offtct in llousLon. Texas, dots by t)tese presents make, constitute arid appoint I ~ s Jeff P. King its Irue and lawful Anomey(s)-art-fact, with full power Ln J u0mly hereby conferred in its name, place and stead, to execute, acknowledje and deliver bonds for; Principal ____jj0,jLQ1aa$IDiStLSf4➢FI9 SID11~G~szettCcarutor Oblisce City of 1Xr4on i Amount - 12.6Aj,QQ- } ±r Ind So bud the Canpany thereby as fully and IQ the name exler4 is if such horde were sigrKd by the Preslderrl sealed with the corperms ieal of On Cerrpkay kid duly dtested by its.Seaetary, hereby ratifying and confirming ail that the aid Aucirrtey(s)-in-Fed may do wkKa the abov4 r' hid Nvtitatietr. SaidAppaiinvent h made under and by authority of the following reack4on adopted by the Board of Dvecsors of L48remal Surety of Amaia a a meet ng held on Ott I I th day of July, 19U. , 'Belt Resolved, Intl the President, any Vice Presided. Senelary or any Assistan Secielary sh&JI be and it hereby vested with full power and wOsorily to appoint any one or more suitable persons u Ammey(s)-in -Fact to repretcrtt and ad for and on behalf of the Company.' 'RESOLI'FD Ow the signature of any officer or the corporation, and the sal of the corporation may be affixed or printed by faaimile to any power of allomey of the corporation, wo thm such pirated facsimile signature and seal shall be valid and binding upon the eapontioa.' In Wknerr Whereof,, Universal Surety of Amer la has caused thew presents to bt signed by ho PreaMeet, John Know, Jr. said fts ' corporate seal to be hereto afllxed ibis ISLh _ day of October A.D., It 90 . 1 w... ti UNIVERSAL SURETY OF AME A m t Stale of Texas rrox, Jr, Presldeat By • County of Harris On IhIs 15th day of (klober , In the 'tar 90 berate me Wend W. Stuckey a notary public, pensooapy appayad Jobs Knox; Jr., personally known to me to be The person who necuted Iht wAhla Instroroeat os President, oa behalf of the raepors- don tbertla named and acknowledged to me that the emporatlon execoled IL 0 Notary Publle 1, Ire undenigted Scaelary of Universal Surtly of America, hereby certify That the above and foregoing is a full, true and corned copy the Original Power of Attorney issued by said Company, and do hereby fonltes certify dw the mud Power of Attorney is alitl in force and ailed. e ; . ' GIVEN under my hand and the seal of said Cautpany, at Houston. Texax, this day or .19-. Sc c r ' 1 . I V 1 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON l THIS AGREEMENT, made and entered into this 2 day of APRIL 1 A.D., 19 91, by and between THE CITY OF DEN'TON of the county of DENTON and State of Texas, acting through LLOTD V. HARRELL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and FLOiD GLEN SMITH, P.O. BOX 1781. DENTON, TExAS 76202 I ~11 of the City of _ DENTON , County of mnrmm and State of TgsA,q , hereinafter termed 'CONTRACTOR.' NITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 0 1228 - CONTRACT CONCRETE VORR and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost aid expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which Includes all maps, plats, blueprints, and CA-1 0114s ` - s y -w►--- e thereofr and the tinted or written explanatory matter other drawings and p rePared by , Specifications thereforer as pS CITY OF DF+~TOR y~ 1MERItiG ST part hereof and collectively evidence and all of which are lade a co, the entire contract. inde ndent Status City and by and between d and agreed and shall not be It is Mutually unda[etO° independent contractor Texasr for the p City of Denton, sick is i Contractor that Contractor to ee of the taxes, vacation enefit. any City employee °L consideca~ thholmdingr social security employee of deeMed to be be tax? o[ °ttL any rform Pu[pose+ of in~o,~rkerfs Conpeneationr trol of Contractor the o e general j leave benefits, [vision and Con d that Contractor shall City shall not have is " v'l,,,y understoo specifications at se her Texas, his designee tOt he Cityhof on► tractonder, accordinOf eu direction of the City Manager under this agreement. i ~ indemnification I and hold hac kind ? i a r6e to indemnify of any Contractor shall and adaa all[dbasu9e or third loss, rd or Persons °CCa liability ei°n~ bage any nts, the City of Denton from any to property its officers, with b reason of lajurY act Contractor, l whatso table,, ever, Y °r neg ent it is legally of will, at its cost 119 arsons for whom ercorr omission and other P and Contractor 811 such ev,ployess, invitees, Ce of this Agreement, Denton against any a nd regard to the perlotm+n otect the City of and ex"nae► defend and Pt and demands. claims t,ar and Venue Choice o! Texas and the law of the State of of Denton overnad by the courts This agreement shall be 9 venue for its Construction and enforcement shall lie in Countyr Texas* date rock on or after the coMance to covalence The CONTRACTOR hereby agrees to in "a th a Pik a, subject to foe the start of ro[k as setime t forth stat+d in the cial Conditions. established lete all work vithi`o~18ed by the Genova l and Spe work and C°to as are P ds the price or such extensions CE tisN CONTRACTOR in curt this contracts ,ach pay The o4lt~gR agree s to F the which irms a Part of the contracts prices proposalls Special Conditions of payments toahown be in subject the to the General and CA-2 01140 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: 1 CITY OF D p OWN 1 (SEAL) qqq I ATTEST: FLO GLEti SMITH CONTRACTOR 1 BY l Title ~ (SEAL) ROVED As = Att rney 4 CA-3 01148 i 1 SIGEWALK CURB AND GUTTER BOND BID #1061 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 CITY OF DENTON S as principal, and the other That we, subscribers ereto as s ar ~ ile 'sare held and municipal orporati on,r~ is successors and City of Denton, Texas, assigns, at Denton, Texas, in the sum of One Thousand ($1,000.00 the payment of which succeand ssors, uandtassigns, foreverefirmly 1by ourselves, our heirs, these presents; day of A.D. 199_,. WITNESS OUR HANDS ON THIS the The condition of the above obligation s madel asuch fore aeapermit said a r an reconstruct sidewalks and/or curbs and 1 11 11 to construct, rep ~ gutters in the City of Denton, Texas; shall do all NOW THEREFORE, if the said work in the construction, repair and and workraanlikelmannerany sidewalk and/or curb and gutter in a g shall faithfully and strictly f al said rms Cit comply with t e specs scat onsstthath areenow or maylbe in Ordinances, resolutions and regulations effect , in Denton, Texas, relating to the construction, I reconstruction and repairs on sidewalks and/or curbs or gutters, and if the City of Denton shall be fully indemnified and held whole and harmless from any and all cost, .expense r damage, whether real or asserted on account of any injury done to any in the prosecution of said work, that may arise out of or be by the principal occasioned by the performance. of said work, herein, and if said principal shall without additional anal lkst an tedall , sidewa person for whom the work was done nstr maintain repaired an the curbs or gutters, so constructed, reco a eri one -o uctiond orfrepair,+eto the msatisfaction ofsthe said rincipal for onstruction, reconstr c saidrCityh Engineerk of dthe City En, ntosthel sareconstruct tisfaction or curb and d gutter City of Denton, Texas at any time within one year after the construction, reconstruction or repair of such sidewslk and/or curb or gutter, upon a ten day notice from said engineer; then this obligation iod of ' thisebond shall bel for remain full force and effect. The a period of one year from the date hereof. WITNESS OUR HANDS ON THE DAY, MONTH AND YEAR ABOVE WRITTEN. - - Principal APPROVED: Surety Mayor APPROVED: ty ttorney CB-1 I } I INSURANCE MINIMUM RE4UIREMENTS l INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the city of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the i Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The j certificate(s) shall state that thirty (30) days advance written covered notice will be given to the Owner before any policy cove The bid number and title of the f Den be project thereby is changed or cancelled. all policies gas and t additional named n insured. a1 To ' listed should i ~ avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be givens o The City of Denton shall be an additional named insured on all policies. R claims I* WORKMEN'S insurance hall protect the Contractors against LIABILITY. under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. I The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - statutory This insurance shall II. COMPREHENSIVE AUTOMOBILE LIABILITY. be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles elicensed for highway use, whether they are owned# The liability limits shall not be less than: o A combined single limit of $500 000.00 . This insurance shall be he III. COMPREHENSIVE GENERAL LIABILITY. from injuries written in comprehensive form and shall protect the Contractor against all claims arising members of the public or damage to property of others ariciagng employees cor subcontractorsf the Contractor or hi CI - 1 } uncer nas or aor,c or aorx, conditions, TO extent ~eQui Ccoentrblasting, explosive enecal liability the may rehensive 9 direct!on' ations, the comp to blasting, underground 0portain no exclusion relativeto underground e shall co buildings, or damage covera9 collapsne o n explosion, I property shall not be less than: The liability limits 00 009.00 o A combined single limit of $5 pOLiCY. This LIABILITY INSllf the owner and its pROTECTIVE coverage for th for IV. OWNER'S shall provide of the City of Dentont work insu[a,lce the name arising out of the employees, in imposed. This also includes that may be ts liability by the contractor- supervisory ac for the being performed out °f the omissions or ctl liability arising this insurance is sCesponsible for ; of the ovner. Although the Contractor benefit of the Owner, erase. ' obtaining it at his exp be less than: The liability limits shall not 60 090.00 $ 0 A combined single limit of 5 ds INSpRANCE SDISl1ARY: operating hazar to cover during shall provide insurance in operation and and completed the facility are that The Conthecperiod of placing the facilities during and until such tine as wnec and written notice of testing, operation by the O Approval of thethesliability accepted issued the Owner. decrease in any way telieve or understood that the C fact has been ssued by it is expressly s ecified limits of the Owne hereunder- r shall not way represent that ato sufficient o[ adequate of the Contractor Owner does °coverage °C plilicy forms abilities of the Contractor. liability of interest or of insurance to protect the be given a certificate Cep[iate shall +ieies and the app Again, the owner above Po- also indicate 1 days written that all of the certificate shall indicating The thirty {30 the are indeed enforced. en at least change nt of Owner or material for payment e limit 1 that the non-renewal, onsibility corridor or , notice of cancellatcovecage• All reap provision" co hall from any deductible P licy or policies sany requited insurance of the Policy not begin any sums resulting conditions the insurance The Contand actor in writing. self-in with the retention y teviewed directl uch comainuntil the owner has the conttacto[ be subiect to s work and so notified issued shall certificates i Any notice to Proceed that is Any not A approval by the Owner. Cl . 2 1 - Nye and Address of Agency City of Denton Reference: 1 Project Name: 1 Project No: Phone Project Location: Managing Dept: J----- Coepan{ts Affording Coverage: Name and Address of Insured: A 8 , t Phone C ted This is to certify that: 1) Mild" oadd{t{uonalcInsusred as toally Wileable coverda9en In force at this time. 2) TM city of Denton Is listed as a Expiration limits of liability oat* In Thousands ~ f .eatery T of Insuranc: Po1I Humber Occurrence ~ I comprehensive General Liability Bodily Injury S _ Occurrence - Claims Made (see 84-Page CI-a) Property Danr4e S Broad Form to Include: i - Indeises/Operations Bodily I~njrubrY Property lndepeedent Contractors and S I - Products/Cagleted Operations wow - Personal Injury - Contractual Liability(see 03-Page CI-4) - EXplosIon and Collapse Hazard IAiderground Hazard - liquor Liability Coverage C[~) - Flre legal llab 'tty(see ~s5-Pa4e Damage - Broad Fong property - rs/OMIssions occurrence CI-4) _ claims made (see /1-Page Bodily In ury/Person Cagrehensive Automobile Bodily lninry/Acc{dent Liability Property Damage : _ ~rLned Autaobsles - aryn droperty = Hired Automobiles DmW Statutory Powt sation and 6~glay0"' Liability $ otawrs, Protective LIabIIItY other lesaranee verage. i, or malarial change in co Description of opera tions/Loations/Yehicl 09;4t (each policy %h all r"uIrs thirty (30) days ice of cancellation, r +-r NvM and address of certificate Holder. CITY OF OEHTOH, TEXAS MRC:iASIMO AGEM1 OENIOH,E AS ST-16201 SEE DEFIMITIMS ON PAGE C1 A AT7ACl1E0. rt _ n 1 i I DEFINITIONS its elected and city of Denton, (This does INSURED: The and employees. 1. Appi'PIONAL Ofticials, officers appointed to Worker's ComPensation.l require that' not apply Each Policy shall 1e,rEsenewalhar or CANCELLATION to the cancellationrtheroll be clay a notice is Nc?TiCE OF riot cY Z• coveta9e► if the Poll days thirty (3 0 1 change in mail* only ten (10) any mate0 owner by Cettifofd Premium { given t0 for non-payment required. I cancelled owner is °r contract notice to b Y written (Liability assumed CU'JERAGE: exist. ) The contractual I L otherwise side . CUNTRAC1 URA and would noshown on the reverse General 3 nt, Coaprehensive broad aglireabilemeity requirement uncle[ of coverage the of insuranc a definition include obligations assumed by of Certificate must for LiabilitYf coverage Certicontract- e he This governing enough to Provide contractt contractor in the [cferenreduired by will provided as t q period of coveraga insurance is Required p ula: Continuous POLICY FORM: owing fora one Year (to CLAIMS MADE by the toll 4. mined the contract, plu and be deter a extended coverage Eor the lite of the warranty peiode)r(5) Years which coverage for a Minimum of provide period to[ Of the warranty period. discovery contracts that shall begin at the end in all of (Required or alteration F is to cove[ LI ABILITY insurance IRE LEGAL ancy, construction rmanentlY 5• the occup facilities.) and Pe to involve cr leased apPl;ceobleptoperty danayn City-owned (where ildings, damage is bu contents with respect if such of installed equipment strut dueieo the Operations or Portions Of and a min DRUM of structures eril of fire to be the P Limit of liability caused by the contractor. authorities, SOO,000. include all rtments, and owner shall elAPlOyeesr term d;visionsmembet depas► 6. OWNER: The commissions id capacities, and/o[ boards, bu[eaus,ownerst and official offices of the in their and agents therbeehaLE of the owner* while a.:ting On CI 4 1 t.s,~-•- - 7 - l , ter-- ~ B I D 0 1228 1 pROpOSAL TO THE CITY Of DENTON, TEXAS g0R T}iE CONSTRUCTION OF CONCRET)i IMPROVEMENTS IN DENTON, TEXAS the only person or 11 im that are those declares s Qfincipals with If as bidde r posal a collusion ned, this pro made without, has carefully The unee~~terested in sal is that parties that this orocorporation, Bidders , ac, i examined named herein, firs Notice to arefsp'ully the other person, and hacf c o f any orm of contract, to, materials + therein referred classes all *.he necessary examined Clans E will provide the P, and incidental and conditions' he and other i ftaras all the locations ,eees tapparatusthe work and urn is h in the i F proposed wor k and agrees do all ecifications machinery, will and spthe re4uiresents Of j labor, in the contract to to construcalled for or and according materials herein work to be the manner City pre as scribed forth F.ollowing quantities are intended ` at the xisate only, b and ids. It is understoo ri t1►ces are aideroxi evaluating unit principally unit p a to be done at done ally to Serve as g of work increased or ip the quantities the opinion nd furnished say bin and is agreed that to be necessary, as planned it as may material e c onsidered fully increased pdiricmiesnis, an as to may comer •lete the work work whether forth of the City, and that all quantities of e the cific uni t ations pri'ces set lated, to be perform* d at co n decreased are to t as provided for in the p be increased f below excep lump susCiPrityce.s but not shown on the It is further agreed ordered rdered by the accordance they with the say cover additional work s ecificationso in ilarlY, or required by the pConditions• Sim plans the General of Oct wso ordered. to deletion to perform all wore provisions cover agrees with decreased to roposes and accordance prices, to h's' required# in strict p ing The undersign nature Eor the follow whatever ecifications, plans and p wit: p-1 l taoos 1 3 1 n V..~.• rA.i BID N0. l2~ PO NO. BID TABULATION SHEET DESCRIPTION UANTITY UNIT UNIT PRICE I TOTAL I ITEM I I l 1 ) eA I S4 / I S 2.11.5 IRin and Cover (Inlets) i I I I I I I I s / I s j gp IReinforcin Steel LB I I I I Isaw Cut I I gp_2 1(Existin Concrete) L! I ; 3.50 / S I I 1 i (structural Concrete I I ;300,00 I ; Sp-3 (Class A) for Beadwalls I I I I I SY 1 ! 8.00 / I s 3_A IRemow Concrete Pavement i I I I IRSIDI I LP I s 2'50 I ! 3-g (Concrete Curb 6 Gutter i I 1 I IRemove 6.150 Concrete I Sy I s I s 3-C IDrivewa 4 Sidewalk I 1 I 5.00 I I I Cy I s i s 3.3 (Unclassified Escavation I I I 75:00 12. Asphalt PavesIent 1 ; T24 I s : y,7_B ( D Patch Material) I I 1 i 164 Concrete Pavement I I S.B-A )(Radius Etc) f I I I I I SIT I 29.25 1 $ Ia. 0 to SO Yds I 1 I i I 27.00 b. SO to 100 S Yds i I I I 1 I SY I 24.75 s ~ Ic. 100 to 500 Yds i I I I 1 I 1 25.00 I 6.7.2-A IAd uat Manhole and inlets i I I I Imingwalle, etc see I s ; IItfa SP-3 for steel i I I I 1~' TD Manhole I EA I s 950.00 1 s 7.6.A-1 1(0' to 6' de th) i I I l I5's5' Junction Box I 1 EA I 11 ,050.fr I ; 7.6.A-2 1(0 to 6' Depth) I ) I I / 1 3 I E1► I 90W.00 7 6 A 7 14' lnlet (0' tb 6' Depth? 1 I I 150. 7aiaA-6 16' Inlet (0' to 6' th I I I 1 7.6.A-S I IS' Inlet !0' to 6' D• eh q st,350.00t ) I I I 1 500.00 E71 I ! r ` 1 I I 7.6.A-6 I101Inlet (0' to 6' D* 9th) (Rebuilt Inlet 7.6.A-7 ((Remove and Re lace To 1 i I I I i 6A s 725.00 la. 4' Inlet 1 I ; I 1 EA s 800.00 I 1b. 6' Inlet P - 2 w IIV•.., .I•l~V 1 BID N0. 1229 PO NO. BID TABULATION SKEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I ! Ic. 8' Inlet } I EA } s 900•0 / 1 ! I I ! ! 925-OD I ~ I eA I 925-OD / I! { Id. 10' Inlet I I ) (Rebuilt 6xiseinq Inlet ! 7.6.A-8 I(S ial I I I! / I S I } I I 2 I la 4' Inlet I 1 EA 1 # ' - / I # 1 } I I Ih 1b 6' Inlet I t EA I s 21000.00/ I # I 1 I 1 21500.00 I r Ic. e' Inlet I EA I s / I # I I I I ! / I # 1d Of Inlet I I EA l $295010D I I I 1 I k 7.6.A-9 Ilnlet Site Preparation i I EA I f 150.OD/ I s IBarricades, Warning ! I I I 8.1 ISi s 6 Detours (Optional)1 I Ls 1 f 30D'O I! I I I I I 8.2 I Dowell-on Integral Curb I I Lr I s 4'OD/ I-# j M I I I I 1 ' 8.2-A IConcrete Curb a Guttec I I I! I 1 I I 1 ' Ia 0' to 250' 1 I Lr I f 8.00/ I f I I I I I f Ib 250' to 1000' 1 1 w IS G.50/ 1 I I 1 I I Ia. 1000' up I I Lp I# 6'UO/ 1 f I I I I 1 8.3 16• Conccete Driveway I 1 I$ / 1 f I I ISO 0 to 50 Sc Yds 1 I S7 I f 29'25/ 14 r I 1 1 1b. 50 to 100 Sq_YdA 4 I By ( ! 27.001 I ! I 1 I 1 1 Ia. 100 to 500 S4 Yda ! I SY I S 24'75/ 1 ! 1 I I I I 8,3-k 4' Coaccete Sidewalk i i i ! / i ! I 1 sY 1! 27.00/ I f Ia 0 to so Sg Yda I I I I I Ib. 50 to 100 Sc Yds I 1 BY I s I s I I I I I Ic 100 to 1000 S Yds I I SY 1 f 11'x/ 1 s - l I I 9.15 IConcrete Rip-Rap I 1 SY 1 f 29'2 I#- 1 1 1 I I SP 48 (Abandon Inlet/Lateral I ) EA I f M.04' I f P - 3 c C Bid tllLtt i r i I ` In submitting this bid, the vendor frees thatTexas ptance oa any or all bid items by the City reasonable period of time con ed g signedtra returned completed Bid Proposal must be properly p ic and . i Floyd Glenn Smith j P.O. BA 1781 Bid a 7r ' Mailing address Wture Oentai, Texas 76202 State Zip Code City . 817-565-0114 Owner Telephone Title s i i f i e t c i f i I i r i l k r f r i i P-4 i i F 1 CONTRACT AGREEMENT STATE OF TEXAS )l )l I COUNTY OP ' j TSIS AGREEMENT, made and entered into this 14 day of FV.gRUARY by and between F E A.D.r 19_21, Y ~t and State of Texas, acting through , of the County of DENTON thereunto duly authorized so to do, hereinafter termed 'OWVMr' and ~ I j-- _ , County o! DENTON 00~gACTOR.' of the City of nENT08 and hereinafter termed ' 4 State Of nts and WITNHSSE'!8: That for and in consideration of the WYand uaand a9reeMents hereinafter mentionedr to be sade and parforsNd by OKN th~ bond ! a~ndricomplets dperfo ermance bOf~the~k the conditions expressed i~o hereby agrees with OWNER specified below: RID #1715 v 5~1 r cost and connect r*w and all extra Work ofnthe a9ceiesentsea diatrhisd(orttheir) ownsp pe stated toolathe General Coditions lies, machinery, eQuipsent, expense to furnish all materials, sad other accessories and services ,upecintendencar labor, insurances in accordance with the complete the work specified above, and in necessary to proposal attached berato, ciin conditions and prices stated in the ons th ctic~s to Gener foc Bids), and to Conditi accordance the do icehto Bidders (Mvertisesent t reeNnt, the Spa Cotsditionar nt Bonds, all attached hereto, and ich pincludea all saps, plats, blueprints, and Bidders, and the Parlormancewh accordance with the plans, CA-1 0114a h or written explanatory matter thereof, and the other drawings and printed 1 Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF r r all of which are made a part hereof and collectively evidence and constitute the entire contract. independent Status and between city and N It is mutually understood and agreed by Contractor that Contractor is an independent contractor and shall not be red an employee of the City of Denton, Texas, for the deemed to be or conside purposes of income tax, withholdingr social security taxes, vacation or sick leave benefits, worker's compensation, or any other City beneployeefit City shall not have supervision and control of Contractor or any perform em o; Contractor, and it is expressly understood that Coitrcct r sh all the general City attached services hereunder accordingto the of Denton, Texas, or his designee ~ direction of the the City ty f under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damagesj, loss, or liability of any kind f injury to property or third persons occasioned by any , by reason o whatsoever eL1or, omission or negligent act of Contractor, its officers, agents, 1 employees, invitees, and other persons for whoa it is legally liable, with o and Cont its cost regard to the porforance of and sthe Citynof Dent n against wany illfand all such and expense, defend end and protect claims and demands. 1 Choice of Law and Vanua arned the of the ate of Texas and This agreement shall be ov and enEoc ceaentyehalll]ie in the tcourts of Denton venue for its construction County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence as ate provided by the General t and Special Conditions, such extensions t of all The OWNER agrees to pay the CONTRACTOR in current funds he price or prices shown in the Proposal, which forms a pat contracte such General and Special Conditions of the Contract, payments to be subject to the CA-2 01146 F r IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. 1 ATTEST: CF'i'Y OF DENTON OWNER U Y I (SEAL) ATTEST: CL T_ TS7 CONTRACTOR i By Tte t l (SEAL) Il 1 ~ APPROVED AS TO FORM: ! Cr Attorney ! i 3 t i i ! CA-3 01144 1 1 PERFORMANCE BOND Bond No. 698-1054 STATE OF TEXAS ) COUNTY OF LEPTON )C FLOYD GLENN SMITH KNOW ALL MEN BY THESE PRESENTS: That of the City of and State of TEXAS county of DENTON as PRINCIPAL, and Univer$al Surety of America as SURETY, authorized under the laws of are held and firmly ;he State of Texas to act as surety on bonds for principals, bound unto the as 0{m o in the penal sum of FI EIGHT THOUSAND FIVE HUNDRED FIFTY ONE AND --Dollars 3 58 551.00 ? for the pay*ent whereof, the said x01100-------- bind themselves and their beirs, administrators, executors, Principal and Surety successors and assigns, jointly and severally, by these presents: WiERFAS, the Principal has entered into a certain written contract with the 04NE8, dated the }Q day of FEBRUARY , 19 91, for the construction of BID ~ti~ia-sc.RIPTURE_ST. PAVING LMPROVEKENTS CONCRETE WOO in the amount of f58 ~~1 DO rt hereof as fully and to the which contract is hereby referred to and made a dpa same extent as if copied at length herein. N041, THF1tEFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans aad Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-l I c that this bond is executed pursuant to the Statut of Texas as by FROvIDED, HOWEVER, Re all liabilities on this and ss if said Articles tod the provisions of Article 5160 of th~lar Revised Session, the Civil 195959, , provisions acts of the 56 determined tin eaccordance with bond shall be length herein. same extent as if it were copied at be filed upon this bond, ~ PROVIDED FURTHER, that if any legal action shall lie in county, State of Texas. changes stiPulates and agrees that nor venue Surety , the terns of the contracts for value received, alteration or addition to to the extension of time, a ecifications, or drawings accosjpanyin8 or the plans, P and it does hereby Work performed thereunder, the same, shall in anywise affect its obligation oa alteration or addition to the such cbs"os extension off rammed thereunder. waive notice of any the work to be per terms of the contract, of to have signed and IN WITNESS WHEREOF, the said Principal and Surety 1991 da of March sealed this instrument this y universal Suret of America rety • Principal ^ n~ By panda 1 L. Minnia Title - " Title Address 1812 Durham 1 Address Houston, texas 77007 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Randall L. Minnie Ramey King 6 Minnis insurance 707 first State Bank Bldg., Denton, Texas 76201 NEE; Date of Bond suet not be prior to date of Contract. P 8-2 0091b 1 I Bond No. 698-1054 PAY;IENT BOND STATE OF TE- AS 1 I TDN_ I COUNTY OF I i KNOW ALL MN BY THESE PRESENTS: That FLOYD GLE,`TN SHiTH DENTON of the City of and State of *~Y-' as Principal, and county of of the State of Texas to act as surety on bonds for authorized under the laws o nE CITY OF DENTON ' r principal.91 are held and firmly hound unto , in the Penal sum of _ FIFTY EIGHT T1i0UNSAND FIVE OWNER 00 -:L1-00 _ _ Dollars 58,55 - HUNDRED FIFTY ONE AND N0I100--- 1 and Surety jointly themselves and their for the payment whereof, the said Principa ointly and severally, by heirs, adainistrators, executors, successors and assigns, then precenta: 1 has entered into a certain written contract W ERFaS, the Principal , 19 91_, 1 dated the 19 day of FEBRUARY with the Owner, part hereof as fully and to the referred to and made a pa i to which contract is hereby herein. same extent as if copied at length IS SUCH, e NOW, T}IEAEFORE, THE CONDITION OF THIS laborOAaad material toh his for ha said principal ►hall pay all claisaats supplying then subcontractor .4 the protection of the work provided for in said contract, this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOK6VER, that this bond is executed pursuant to the ~ ities on this all liabil SessionCivil, 1959, Statutes and oTexas aid Article to the 516 Provisions of ArticleislsOture~the revised acts of the 56th Leg provisions al bond shall determined in ame extent bas if it were copied at accordance length t herein p s PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 18 day of March 19 91 1 Universal Surety of America Principal rety By ' Rartda'tI L. Minnis Title Title Attorney-in-fact 1 Address Address 1812 Durham Houston, Texas 77007 i ! i (SEAL) (SEAL) t ' The nacre and address of the Resident Agent of Surety is: , Randall L. Mlnnis ; Ramey King b Minnis Insurance 3 707 First State Bank Bldg., Denton, Texas 76201 4 ~ t t` i 3 PB-4 i 0092b 1 c \I r 'I pIAINTENA!'CE BOND STATE (IF TEXAS COMiTy OF DENS TON PRESENTS: THAT FLOYD GLENN SMITH KNOW ALL MEN BY THESE Principal, and usiness in a State of s~n°wledge themselves to be held and bound to Pay unto as a Corporation nut orised to do its successors . as Texas, as urety, do ereby of Dentoa, A Municipal Corporation of the StateFlVE THOUSAND EIGHT ~ % OD f the City Deat0a County, Texas the sum of a « i0 and assigns, at Denton, Dollars rincipal and FIF Y FIVE AND 10 100--- - eat of Which sum said P jointly and f t e tots amount of bind themselvesq their u cessora and assaigna, surety do hereby severally. onditioned, however, that: This obligation is c FLOYD GLENN SISITH uild WHEREAS, said t e said City Of Dentoa to entered into a written contract wit TS CONCRETE WORK has this day E ST PAVING IHPAOVEI{EN and construct BID ti215-SCRIPTUR adopts y t e s ecificatioas t erein mentioned, and are hereby lane and p Secretary of said City w is contract mare filed with the City ends a part hereof as though the same city of Denton, ratd herein by reference and expressly incorpo E were writhes and set out in full herein, mod' lass, specifications, and WHEREAS, under the said p in good repair performed for a period of one (1) ger contract, it is provided that the Contractor will maintain and keep that may • bsckfilling the work therein contracted to bedonean De a necessary work toward the reof from the date , inccconnnection ethe ewith and do all necessary from the improper become necessary rowing Out of or arising of any defective CO ndition g said contractor on constructing j rovements contemplated by backfilling, it being repair construction of the imp arising by on account of improper excavation or and in cover bor performed by said said conditions Contractors the purpose of this section is t la that same the or reason of defective eateriala, vork, repair, reconstruct or maintain acid said case the said Contractor shall fail to do said v0 ainstathe said ntractor improvements it is agreed that the City say shall be subject contract and supply such materials and eaidgContractor and surety art of said and its surety on this obligation, 's failure on the p for each daY m 1 with the terms and contract and this boad• to the damages in said contract provisions of said cont Contractor to comply with the terms and p NE-1 0093b 1 NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may ununtil the it is further provided derstood of for successive bond shall breaches beentexhau exhausted, and herein full a amount hereon said that the obligation be changed, ldimcontinue inished, orringanytmanner and the same shall said work maintenance period, affected from any cause during said time. IN WITNESS WHEREOF the said as Contractor and riacipal, a caused these presents to a executed by and the said Universal Surety of America as surety, has caused these presents to be executed by its Attorney-in-Fact Randall L. Minnie and the said Attorney-in-Fact has hereunto set his band this day of , 19- - I SURETY: PRINCIPAL: { I BY: Randall L. Minnie V ! j Attorney-in-Fact i i r i HB-2 0093b I I L UNIVERSAL SURETY OF AMERICA - 1812 Durham, Houston, Texas 77007 SoW No. 698-1051 For vcrifiatiart of Uv a:xlaxily of tlui power you may Icltil"o (113) W-11SS, GENERAL POWER OF ATTORNEY - CERTIFIED COPY l Know All Men by These Presents, Thd UNIVERSAL SURETY OF ANIMCA, a corporaim duly orpr4ted erd exisriag wsks' the kwo of the Sude of Tetra, ud hiving its primipi of0a in Houstm Teas, does by ttL,ae prciens male, atutitute Ord "in! :i 1 krad~l L Minali u ` its true and lawful Attortuy(+)-in-Fact, with full power nd authority hereby wrderted in its now. play atd stea4 to exewle, ackmwkdge and deliver bonds fur. 1 Principal Mod Glear Sm th dtx Elm d Safi h :.xx7ac Corurulor { Obligee City cf Ikrtoa t ArtKxxa SS.S~ls111 ~ ' gad to bird the Company thereby u bUy and to the sane extent u if s4Lb bon" were sigrnd by the Presiders, scalod With too ocepome sea] of the Company "duly aucsted by its Sccrciary, hereby ratifying and vorTvrning all that the said Attormey(a)-io-Fact may do within the above i { mated limitatiats. Said appoirrtrras is made atria and by authority of the following resolution adopted by d'f aoard of Dira of Lh iviseml Surety of Amcria at a tacetimg held on the 1 Ith day of July, ty94. "Bell Resolved, that the President, iry Vice President, Secretary or any Assistant Secretary sha11 be road is hemby vestal with fill power and wAhorhy to appoirt any one or more suitable ;versos as Aucrney(s)-w-'Fau to rcpnsetrt atd as for and on bebaff of she Company." `RESOLVED this the signature of any olTtcer or the nrrpxukwr and the seal of the eorporssion may be offixod or prinrd by faaian k to any power of acomy of the corporation, L d trot such p6lctl facsimile sigtututc gad seal shall be valid amd binding upon the evporatian" ,r fn lYirnur M'lserroJ, L'alversal Surd) t><Amerlca bas caused these presents to be syued by Its Presldeny Job& Koo16 Jr. NW Its ' N I corporate seal to be hereto affixed this !Sib day of Ocwber A. V, 19 W UNIVERSAL SURETY OF AMERICA 8 ' J 4 Stale of Texas Coswry of Harris E, Oa t►Is 15th d.y of October , its the year 90 before the Wendy W. 5tuclce) a salary psrDlfc, t?ernl aPYWfd 1 a- I 4 JohA Knox, Jr, peraooally knawi to me to be the rsoo who executed the within fasttrowent as prealdeal, on behalr of tIM eorpee i tloa tbwvla oamed and acknowledged to we that the corporaJon executed It. ) ~f ~f `~`h lYrrarl Pt~fJe ' t, 4,J A~ ~ r IAL I, the un&rsiiped SCCts'tary of Universal 5urety of Amtria, hereby certify shy the above wvJ forctoug is a full, troy ArA. oarost copy thu Wgim.1 Power of Attorney issuW by said Cunpay, and der hereby further certify that N said Power of Attomey is sti11 is fwoe and eff" x,1991. fir. GIVEN urala my toad sad the su1 of said Cotupsny, at Houston, Texa+, slur 18 rday~w Dierch ---T~j Seactay 1 ,•I•= TOTAL PAGE.00a ._.......i i INSURANCE MINIMUM 'REQUIREMENTS INSURE ties Without limiting any of the other obligovides and maintain until the Contractor. the Contractor shall pro has the contracted wore City°ofmDenton, Ownereethe ominimum/insurance and accepted by th coverage as indicated hereinafter. certificate(s) of insurance shaal construction with Satisfactory Department Prior to starting The Purchasing work or activities to deliver material on this Contract* advance written certificate(s) shall state that thirty (30) days olicy covered r be notice will be di o n cancelled ow The bidfonumb re any Denton title f also thereby is chang e and the City should on all project should be indicated, licies as an additional nGhat. insured. To be listed undue delays, it is worth reiterating avoid any o Thirty (30) days advance written notice of material change ' or cancellation shall be givens o The City of Denton shall be an additional named insured on all policies. ims 1, WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. claThis k t insurance shall protect the Contractor against all under applicable state workmen's compensation cllaws. The aims for ted against Contractor shall ors death poft employees which, for any injury, disease, provisions of a workmen's reason, may not fall within the pr compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory This insurance shall ' comprehensive form and shall protect the II. beMPREHEN written V~nAUTOMOBILE LIABILITY. Contractor against all claims for injuries to members o from the public and damage to property of others arising the use of motor vehicles licensed for highway whether they are ownedr nonowned, or hired. The liability limits shall not be less than: o A combined single limit of 6500 000.00 This insurance shall be III. COMPREHENSIVE GENERAL LIABILITY. form and shall protect then comprns ag Contractor written in ainsth allivclaims arising Eerom rty injofuries others members of the public or damage to prop members out of any act or omission of the Contractor or arising his agents, employees or subcontractors. CI - 1 1 work, or work under his To the extent the contractor 's explosive ~ Cn( lioabi~lity direction, may require he comprehensive ge perations, the shall contain no exclusioonc damage e to blastingf underground o to underground covera9 collapse of buildings, explosion, propertyr The liability limits shall not be less than: Soo 000.00 • o A combined single limit of $ This pROTECTiVrE LovideIABI cLoveITY rage for INSURANCE the POD Owner and for ofe ton, IV. OWNER'S insurance shill the name of the City out of the work employees, be imposed. arising also includes liability that may acts ecfocRed by the contractor* This ac for -the being P arising out of the omissions or supervisory liability Although this insurance is strictly fo for of the owner, the Contractor is cespnsible beinef it the owner, else. obtaining it at his expense. limits shall not be less than: The liability sao ooo.oa o A combined :jingle limit of $ ~ i i ~ INSURANCE SUHM . ecating hazards The Contract shall provide insurance to in Operation and during an during the period of placing the facility tes g, and until such time as the facilities tin owner and written notice of that accepted for operation by the royal the Owner. APP liabit way relieve or decrease the thatlthe fact has been issued in by the l the Owner shall not expressly cifnt ied or adequate ontractor here limits of of the Cunder . I is way represent that the spe coverage or Policy forms are sufficie Owner does not liability or ~ to protect the interest o[ liabilities of the Contractor insurance i.ven a certificate Of appropriate Again, the Owner shall be g licies and the indicating that all of the above policies written The certificate shall also indicate enfor6 indeed at leastorth~a~erial for change of the that ts the are Owner ner will be cgiven aywant of responsibility notice of cancellation, non-Allrenewal, ovisions, corridor or required insurance co oma any deductible pr o[ policies shall any sums resulting policy i*gin any sured retention conditions of the self-in The Contractor shall the insurance remain with the Contractor. work until the owner has reviewed and approved subject to such certificates and speed tthat d is h issued Contractor directly in writing. Any notice thePOwne[ . , approval by CI - z I 1. .T Naive and'Address of Agency city Reference: l RamaKin S Minnis N 07 First Rlr Rlriy State ~n Denton. Tx. 76201 Phone 817-382-9691 n: Managing Dept: Name and Address of Insured: Companies Affording Cawrage: 1+ Floyd Glenn Smith DBA Floyd Smith Coricrete A Trinity Universal I Contractor P.O. Box 1781 B T Denton, Tx. 76202 Phone C that: 11 policies of insurance listed below have been issued and are In fora at this ties. This is to certify 2} The City of Denton 1s {{sled as an additional insured as to all applicable covera". Expiration Limits of Liability 'gy etttr m Type of Insurance Poll Nuober Oats In T Occurrence Cowiprehanilve Occu XOurrence rence General Liability GL7474918 5/1/91 Bodily Injury $ A _ Claims Made (see 94-Page CI-4) Property Damage Z Broad Fong to Include: - Premises/Operations - Independent Contractors Bodily Injur Property = - Products/Completed Operations Personal injury - contractual liability(see X13-Page CI-1) General Aggregate 1,000 - Explosion aid Collapse Hazard underground Hazard Products Aggregate lluar gal Liability Coverage Personal & Advertising 500 - Fire legal (see 05-Page CI-4) Each Occurrence 500 I _ Broad Forty Property Oawage - Professional Errors/Omissions - occurrence - claims made (see 81-Page CI-4) COia~ielx live Antati00{Ie Bodily injury/Person A L TCA6563214 5/1/91 Bodily Injury/Accident Liability Property o merge _ - DMnsd/ltased Autos~obilts _ - Non-owned Auton+obiIts Bodily Injury/Property 1 000 Hired Automobiles Damage Combined S ' - Workers' tom~tnsation and 1tiC8273065 5/1/91 S 10u~ 1 t A Employer ' Liability f 500 A _ Doer, Protective Liability New APP 3/18/92 other Insurance Description of Operations/Locations/Yehicles. policy shall rewire thirty (30) days notice of cancellation, non-renewl, ar material change In coverage. Each ; (See 12, Page CI-1). Name and address of Certificate Mo77ig; M Y OF DENTON, TEXAS PURCHASING AGE MI 901-B TEXAS $1. IlEN1Oll, TEXAS )6201 ACIIEU. w 1 1 DEFINITIONs 1 of Denton, its elected and The City (This does ADDITIONAL INSURED: officers and employees. appointed officials, Compensation.) not apply to worker s shall require that' Each Policy non-renewal, or ' 2, NUTIC6 OF CANCELLii0~Nto the cancellations is rtivefriaged e, a mail- only thereof oEp licyl b change in co mat(er30)ial days prior any thirty . if only ten (10) days ce mium l given to owner by f cancelled for non-payment of pre uired, i written notice to owner is required. assumed by contract or LaabilitY this , C UNTktACTUHAandUwouldEnot (otherwise ex CeVe} The contrac 3 rse side of agreements requirement shown on the General of insurance under Comprehensive broad liability of coverage bY f certificate must include a definition 4 Liability, for obligations assumed by. the enough to provide coverage This Certificate of the referenced ucont]bytthe governing contract. contractor'' Insurance is provided as req coverage will Required period formuofla: Conti POLICY FUR : nuous q, CLAIMS MADE the following year (to be determined by the the contract, plus o ne Y and a extended coverage for the lifethe warranty Period ears which provide coverage for of five (5) Y et for a minimum discovery ' shall begi Pn at the end of the warranty period. all contracts that (Required in alteration of LIABILITY: construction or to cover 5, FIRE LEGthe occupancy, Insurance is involve and permanently City-owned ocontentsd (where tiaPPlictoleproperty dama9e to buildingst ent with respect iF such damage is installed equipment of structures erations of to the oP res or Port" a minimum of stcaruseductuby the peril of oEi a an' ity is to be the contractor. Limi $5001000. autltiorities, shall include all and y, OWNER: The term owner divisions, depa[tments, ees, commissionsr employ boards, bureaus, and individual m~apacities, and/or offices of the owners, their official and agents thereof in while acting on behalf of the owner. 1 - C1 - 4 ` BID M 1915 1 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF WEST SCRIPTURE STRZZT CONCRETE WORK IN DENTON, TEXAS 1 The undersigned, as bidder, declares that the only person or ' I parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firs or corporation, that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, Ftachinecy, tools. apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract.- and specifications in the manner prescribed herein and according to the requirements of" the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sua prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the decreased provisions to to the G*asral cover deletion of work so Conditions. Simlarly, they say be it is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - 1 L W J Accompanying this proposal is a certified or cashier's check or 1 Bfd Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all + bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: i i P - 2 I 1. PO✓ No. Vest 3-rioture Street Concrete work , BID TABULATION SH68T MAL uild U1fI UNIT- RICB 11 19 Qil, o Contractors Warranties I I I 1 ~~b I and UnMrateadi~s I l LS I! 1,479.00/LS i S9475-20 Barricades, warning Signs[ LS_ j x.00/Ls I ! 630.00 770.00 I ' 1 4" concrete sid.. 1.030 i st i 13.50 5•`~iLF f l~~~•~ 1 Concrato Curb ter 710 i LF l_ f 24.00 2995200 1 60 1 ON 8.1-8 16" Concrete Driyersy l 293 1 3T I ! 24.00/3T I ! 7+ 'CO I sP_ao I Proisa I 2 I 6A I f_ I I I I 3,x03.00 ; M0.7 l fivd '1 d I S 290 l ST l! ST I I 3 I U I f 150.04e► I! 450.00 - ' In1eL t I I I M.0) I i T.6.A 2 i o- Inlet Throat I 2 1 8A_~;E ~ro I I I i T d A 110' Inlet ThroaS I 1 l eA I ~'~t11 1 _i M.00 I j .r. 1 %58,551.00 ~ I I I I I I I I I .70 I 3 7W.0o ' I I I I I I I I I l I f / t! I I ~ I I I I I I I I I *This itsa my replace items 3.10.7 (HydroWloh) at the Citr of DenLon's discretion. P-3 I r 7 r--"T ` W - BID SUMMARY N • 1 TOTAL B ID PRICE IN WORDS Fifty-eight thaisand five hundred fifty-one and n0/100 1 I In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond i for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. ' I It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sun prices as shown for each item listed in this proposal, shall control over extensions. C 1 Floj d Glenn Smith R 1519 Willowood Dr. street rose Denton, Was 76205 y an to e Seal b Authorization (if a corporation) :1:p 5one 114 t B - 1 r . '+-s~ s- - RECEfV17C > O AUG$ , 0 1991 AUG 23 1991 CONTRACT J~CREEMENT Fra'4 S3ddons \r5. STATE OF TEXAS J COUNTY OP Den on i THIS AGREEMENT, made and entered into this 20 day of Aoaust t A.D., 19_IL# by and between The : ry of nentnn of the County of Denton and State of Texas, acting through Lloyd V Harrell _ thereunto duly authorized so to do, hereinafter termed 'OWNER,' and °-Munt Ci,----`'-- P.O. BOX 1770. - - Roanoke Texas 76252 i of the City of Roanoke , County of Denton and State of Texas , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and couplets performance of the work specified below: Bid i 1267 LOMA DEL KEY DRAINANGE in the amount of $846.§32.00 I and all extra work in connection therewith, under the terns as stated in the General Conditions of the agreement: and at his (or their) own rroper cost and expense to furnish all materials, suppliee, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plane, which includes all maps, plate, blueprints, and r RECEI\R7C SUNMOuiJ f CA- 1 SEP 4 1991 01148 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by I City of Denton Engineering Staff all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered in employee of the City of Denton, Texas, for the purposes of income tax, withi;~Iding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. F , Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor rill, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement ehall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date establirbed for the start of work as set forth in written notice to-.commence work and complete all work within the tiine stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 01148 1 MONSOON 1 IN WITNESS WHEREOF the parties of these presents have executed this agreament in the year and day first above written. ` A EST: 1 City of Denton OWNER B V, (SEAL) ATTEST: i i i~ SvmKKmt Corporation ` CONTRACTOR By !.ClC.4 Title r~.y/~i1r~SrNY (SEAL) I AP '~-lam RM ttorney CA-3 01148 1 PERFORMANCE BOND a 1 STATE OF TEXAS COUNTY OF DEN'1 N ) YNOW ALL MEN BY THESE PRESENTS: That Sunsount Corporation of the City of Roanoke County of a on , and State of s~=moo as PRINCIPAL, and Seaboard Suet as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly The Cit of Denton { bound unto the as OWER, in the penal sun of Eight Hundred Forty Six Thousand Four Hundred Thirty Two -L no/10G-_Pollars (s_Ada 1,6..,; -!M_) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: i I WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 20 day of August , 19 91 , for the construction of A4A AIM-7 _ IOKA DEL RET DRAINAGE in the amount of $846.432.00 r which contract is hereby referred to and sade a drvlrt hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the conriition of this obligation is such, that if the said principal shall faithful,y perform said Contract and shall in all respects, conditions and agreements in anu by said contract agreed and covenaatsd by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the Texas provisions of Article 5160 of the Reised Civil Statand 11 liabilasiamendedhis 1 , acts of the 56Legislature, Regular ssiong 1959, s on h the bond extent be determined it were copied accordance in provisions of said Article to the same PROVIDED FURTHER, that if any legal action be filed upon this baud, Denton County, State of Texas. venue shall 11e in for value received, stipulates and agrees that no change, Surety, extension of time, alteration or addition s ecificationa~f orh drawings contractac ompanyin8 ' work performed thereunder, or the plans, p ereby the same, shall in anywise affect its obligation on this bond,, and or it addition does h h the ' waive notice of any such change, extension off thereunder. t terse of the contract, or to the work to be per ormed IN wITHESS WHEREOF, the said Principal and Surety have signed and 30th day of AugLL3t 1991. sealed this instrument this Seaboard Surety Company Sunroount Cor ration Principal Suety II ' By Title Title Att -In-Fact Address 5750 Fineland Drive ~ Address P.O.Box 1770 Dallas, Texas 75231-5366 . { Roanoke, Texas 76262 _ I, ( SEAL) C StAI•> The na,ae and address of the R Aident Agent of Surety is: Frank Siddons Insurance Agency kugt - Texas 78768 NOTE: Date of Bond must not be prior to date of Contract. P B-2 DISCLOSURE Of GUARANTY FUND Q ONPARlICl~AurCAk to In the Gent 101111 is co)vactural 1. gat,on wader this PC Icy 0091b a condacthe WJIaryb0jder of celt,f,eate AweT is yt qio toed Gr an insurance auaranq fund or of Pilo.: on ananj:ment. 1 Certified COPY 5811WAM SVUTY M~ NNN 6 2 6 9 No. 11007 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY Si dons or KNOW ALL MEN BY THESE PRESENTS: ~ tOd~ SURE co SOtu 9 NY, appoi~ntratiRobertSlC9 of h Grote or Linda Couey or made, constituted and appointed and by and Robert C. Fricke or Bettye Ann Rogers or William A. Jessica Kendrick or Steven B. Siddons~uy~pakktysand of Austin, Texas EInsurancePO'k`il surety its trueand[awfullAttt~eiin,lcareasloowsx~WithoutebLimitations other k+stn+men I , Such insurance policies, surety bonds, undertakings and instruments tx said purposes, when duly executed by the aforesaid uant to duty authorized as by Attorney-in-Fact, shall be binding upon the said company as fully snd to the same extent -iif sin fact,gned purrs s the officers of the Company and sealed with its corporate seal; and all the acts of said Attorney the authority hereby given, are hereby ratified and confirmed. Laws which were duly adopted by the Board of Directors of the said This appointment is made pursuant to the following By 1 and are still in full force and effect', Company on December 8th, 1927, with Amendments to and including January 15, 982 i ARTICLE Vil. SECTION 1 oOntA~ of asap, syldarr"lfrq UrAedakksgs and linbsrnarsU rek we".. agreements and other y. v4 releases i •Pdkkt,bOAds ~aFipulatfonaitl undertakings oftMGompahe Insurancepobcies'bonds,fecognlunces,stipuletions,co 1werunder• surely yta tl and be w, ai9derv*in"namaandon beriSlif lroflhCon+sst ~ ntaaResidentYice•PresidMtandbY Ihe = EA~'etary, an ASSistantSecretary.aRes rderil e Chairman of the Board. tt c i grlting! relating in any way thereto or to arty claim or 10V e-Fre inled and aut no rKed DY th (a) bythe Chairman of the Board. the President. an Attor ney-in. Fact lo+the Company appo from or a P"dent Assistant make Secretary; or (b) b g {b) by h officer, Aentneyes as V Bard play fr m t . President ent or a VrcePresident to make such sq, or (c) by such otter officers or representatives as the Boa n>sY The seal of the Company snail d appropriate be affixed thereto by any suc IfJ WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed by one of its ice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of ns AssiVant Secretaries, this . 14th day of March.. 19_...91 Attest SEABOAR MANY By ~ _ . . _ V President :D~t : AA 'elivy STATE OF NEW JERSEY ss.'. COUNTY OF SOMERSET March 19.91-...before me person ally appeared 0n this . 14th day of a Vice-President of SEABOARD SURETY COMPANY, MiC aeI B. acquainted, Kege an me duty sworn said that he resides in the State of ...New -'Jer88 with whom I am pe y f SEA who, belly by anon described in and which executed theforrego+ng e-P ntof that it was so hee seal affixedto said instrument is such corporate instrument Vice tfiat he President knows of the SEA corporate BOARD seal of the SURETY COMPANY, the atih said Company: n andthathest s name tflereloesVice P affixed by order of the Board of Directors of said ComPa Y said Compan by like authority FELICE Ai ZUBRYCKI NOTARY PUEtIC a NEW 1EP.SEY Public 0 My Comm'ss'on Ex ~'es A:ne! , 1991 p ry la Public ~_i' (Seal) 1•_ ;v^ 'r C E A T I F I C T E ,r t e he erl fy hat the nal Power of Ana nay of wn -c n t he to regang a I,andundersigned ASST 61 and Secretary ri SEABOARD SURETY COVAPA dO rebr t ~,~d-Article Ywhoexecute of the By-laws of alull. true and correct t cop) ''s m lulllorce and ettect On thtdate Wthqs Certlrol t~cat! l anorney rilner~~factaS one Vice-President who extoutee the sa~Power of Attorney was one of the Officers authoraed by the Board of Direclors to appoint SEABOARD SURETY COMPANY sealed by facsimile under and by aulftonty 0"" e tullow~r~g resolution of the Executwe Committee of the Board of Tnrs Certificate nay be signed and Directors of SEABOARD SURETY COMPANY at a,neettng duly rolled and held on the 25th day of March 970 eThat tre cn ss use of a rated facsimile of the corporate seal of the Company and of t k s~grature c4 an Assistant Secretary On any of an Instrument executed by the President Or a Vice-President pursuant to Article VII, Section 1, of the By-uvvs 'RESOLVED I21 sours read been ram anuda Y atwirg u~mtishie'eD~s acerbbclwg of and the ajtinoriZnq correcines as^ 3ely tiaccrnopy o fact to s'9n in the name and on behalf of the CompArly umegnts described in n s ribed sad Article V VilI. , Section t, w^;n Dke effect as -t sutra seal and r.rcn s g aulho,aed and approved IN WITNESS WHE8 QF, I have hereunto set my han and affixed the co+Porat seal19 the/Company to these presents this TI+ day of ALAGIL15•T- slant Sec r, ary s L Fam 9571R~ IY 192] G it IYf.~ i, r I r t iii. . i.. .i • r 1. . ' r r 1 .I PAY11ENT BOND STATE OF TEXAS COUNTY OF Denton)( KNOW ALL MEN BY THESE PRESENTS: That Surmount Corporation of the City of Denton ' and State of Texan as principal, and County of Denton Seaboard Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Denton OWNER, in the penal sum of Eight Bundred Forty Six Thousand Dollars ($846.4 2.oo ) 1 Four Hundred i - 3- and -^1l for the payment whereof, the said Principal and-Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract 19 91 with the Owner, dated the 20 day of August - j Bid #1267 - Lola Del Rey Drainage to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, TMEFORE, THE CONDITION OF THIS OBLIGATION IS SUCH9 that if the said Principal shall pay all claimants supplying labor and material to him or a subc shall be ovoid$ otherwise to work remain inefullrforcesand effect contract, them tthisontractor in PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 i r - ` - 1 Surety, for value received, stipulates and agrees that no change, 1 extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accoapanying the same, shall in anywise affect its obligation on this bond, and it does hereby ice cha any alt terms oftthe c nt act, or to the,worketoibe performed thereunder, or addition to the IN WITHNESS WHFRNF, the said Principal and Surety have signed and August 19 °i sealed this instrument this 30thday of Seaboard Surety Company Surmount Corporation Surety Principal By T Title Atty-In-Fact See Title _.A- 1 I 5750 Pineland Drive `I Address P. o. Sox 1770 Address I Etoanoke Texas 76262 Dallas Texas 75231-5366 I (SEAL) (SEAT.) The nacre and address of the Resident Agent of Surety is, Frank Siddons Insurance Ngency Austin, Texas 78768 DISUO URE OF GUAFANTY FUND NONPARTICIPATION In the ewl the_ 0A9.D--'s unaNe to Ivifill i% con!ractaal ublrpation under the pol ey yr coniract or apVllcat on or cert'dKate of erdenu 0 ccvrag the Wi cyholder or cerWiceeholder is not protected by an rnsuiance Quvanty fund or other solvency pg-4 prctectlon arrangement 0092b -w--- 1 Certified Copy E~ ~~UT /al~~ 'A! I NO- 11007 S DABOAICES, B~v,EpMNSfERV N'~SEY "tYNN 6268 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Robert C. S iddons or Robert C. Fricke or Bettye Ann Rogers or William A. Grote or Linda Couey or Jessica Kendrick or Steven B. Siddons of Austin, Texas its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf Insurance poikles, surety bonds, underlaklngs and i other Instruments of similar nature as follows Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authonty hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: AATICLE VII. SECTION 7, "Poaeles, both(, recogeilzanat, at uiteliona, consents of surety, underverld" underls"s and inatnrnM4 rMearta tMreb. In su ra nce pof icies, bonds, recoyn Trance s, stipu lations, consents or surety" utdervni,,wg u ndeftak mgs of the Company, and r^aeases, agreements and othe r writings relating in any way thereto or to any claim v loss thereunder, shale be signed u the name aM on behaH of the Company (a) bytheChairmanoithescardthe President,aVice- Presiden Ior aResidantVKe-Presidentarid bythe Secretary, an AS sist"Secretary, aRe sident Secretary or a Resident Asi lant Secretary', or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board, the president or a YiCe-President to make such signature, Or (c) by such olhr O cers or representatives as the Board may from lime to time deWmine, The seal of the Company shale if appfopriate be affixed thereto by any such offlcr. Attorney-in-Fact or representative.' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be sinned by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ..14th . day of .March.... , 19 91 ',Of". xF rrr * 's Attest: SEABOAR S ETY ' MPANY. ' 1927 ' (Sea A Asa' try thesident II STATE OF NEW JERSEY Ss ; COUNTY OF SOMERSET On this _..19t day of March 19.91...... before me personally appeared Mic _,ael_, B.. Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted who, being by me duly sworn said that he resides in the State of New-Jersey that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument, thathe knowsthe corporate seat of thesaid Company;that Ilse sealatfixed losaid instrument is such corporate seal; that it was soaffixed by orderof the Board of0freclors of said Company; andd that hhe si isname thereloasVice-P tot said Compan by like authority. FFIiCt At 2U8RYCKf E'l V NOT ARY PUBIC Of NEW JERSEY (Sea1) My Comm ss~n Ex-i Arne4 . 1991 1ary Public r C E R T I F I C T E the undersgned Assistant Secretary of SEABOARD SURETY COMPA do herebyrernfy that the hal Powerof Attorney ofwh,Ch the foregoingm a full, True and correct copy. FS in lull lprceand enftt m lhedatebl this C"if"iell I do further certify that the Vice-President whoexecuted 14 said Power of Altorney was one of the otkii authorued by the Board of Directors 1o appoint an attorrtey-on-last as provided in Article Vi, Section t, of the By-Laws of SEABOARD SURETY COMPANY. This CeAlficate may be signed and sealed by facsimile under and by aulhor!ly of the forlowmg resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a rneelmg duly tatted and held on the 25th day ,;f March 1970 .'RESOLVED t2) That the use of a printed facs,r ite of the corporate seal of the Company and of the signature of an Ass,slant Secretary on any cert,bcabon of the correctness of a copy of an instrument executed by the P-esicent or a vice-president pursuant to Article VII, Sidon I, of the By-laws appomlmg and authorizing an artorney-m-fact to sign in the name and on bi of fine Company surety bonds. underwnhng undertakings or oiner it Vrurri described in said Article VII. Section t, with like effect as if such seal and such signature had been manually affixed and /trade, he+eby is authorized and approved IN WITNESS WHEREQF I have hereunto set my ham and affixed the corporal seal of the Company to these presents this day o f UCaU519 )27, (9` ~ ASSStantSeCr ary Fpm x57 !ne ~ . 1 t~ 1 MAINTENANCE BOND 1 STATE OF TEXAS X COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: THAT Sunmount Corporation as Principal, and Seaboard Suret Company i a Corporation aut orized to do usiness in the State of Texas, as urety, do ereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of Ei t Your Thousand Six Un n/1- Dollars efl_R~a ~n , of Vie tots amrwnt of t e contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asseigns, joincly and I severally. I This obligation is conditioned, however, that: WHEREAS, said Surmount Cor ration has this day entered into a written contract with-the said city of Denton to build and construct Bid / 1267 - LOKA DEL BET DRAINAGE which contract and the plans and apecificationa therein mentioned, adopte y t e City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do al.1 necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by acid Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply vit]b the terms and provisions of said contract and this bond. 0093b HE-1 NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain is full force and effect. 1 It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may ' be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said sAintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WIMESS WHEREOF the said r' Surmount corporation as Contractor and Priacipa , has caused these presents to execuut y- and the said Seaboard Surety, Company as surety, hie caused these presents to be executed by its Attorney-in-Fact and the said Attorney-in-Fact has hereunto set his-Yand t is 30th ay of August , 19 91 . 1 SURETY: PRINCIPAL: Seaboard Su t Co nY_ Surmount Corporation T Linda Couel+ vcys+~A.+~/ //s~e~syrei Attorney-in-Fact i R OF GUARANTY FUND NONPARIICIPATION pS5C105U f - e ynaflle to In the went the fu'lfdl its contractufn,l I l" CertificatetOf er ut of or writiact or apD n not coalne, Ne P"yholder m guaranty 106 Or her safes protected by an insurance turanq voleclion a ranFemeal nB-2 0093b I 7 r-~'T L >t-- All Certified Copy SURETY No. 11007 ADMINISTRATIVE OFFICES. BEDM NSTEV N+E~JErRS_ Y NNNN 6267 I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Robert C. Siddons or Robert C. Fricke or Bettye Ann Rogers or William A. Grote or Linda Couey or Jessica Kendrick or Steven B. Siddons of Austin, Texas its true and lawful Attorney-in-Fact, to make, ttscuteanddetWeronlbb"Ifksurancepotieies,surety Donds undert,akk►plsawld othtrInstruments of slmllarnature as follows: Without Limitations 1 I Such insurancepolicies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duty adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15,1%2 and are still in full force and effect: ARTICLE Vit. SECTION 1. "taorrcbe,11. 4 , raoognfances, SbPWAtIWW CW"nh or assreftr txsdarVMW"$g undanakki else Irtstriumlaft 1`066" lAaeto. Insurance policies , bonds, recognirances, saipulatid m, consents of surety and undehrrriting undertakings of the Company and releases, agreements and other writings relating in any way thereto of to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Boafd, the Presderi a Vice-President or a Resident Vice-President "by the Secretary, an Ass, grant Secretary, a Resident Secretary or a Resident Assistant Secfetary; of (b) by an Attorney-im-Fact la the Company appointed and avltwrized by the Char rman of the Board, IM President of a Vice-President to make such sipneturee. or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corrigan"shad if appropriate be affixed thereto by any such officer, Atforney-in•Fact or representative.' ( IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Pres dents, and its corporate seal lobe hereunto affixed and duly attested by one of its Assistant Secretaries, this . 14th . day of March .._.,19_. 9.1 e V 1`r Attest: SEABOAR SU ETY OMPANY (Seat). By a1` rGr All 7 1ltary .,...v .....ebden! I STATE OF NEW JERSEY COUNTY OF SOMERSET On this _ 14 t of March , 19.9.1 before me personally appeared MiC_ eel, B Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn said that he resides in the State of ...New Jersey that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal alfrxed to said instrument is such corporate seal; that it was so aff ixed by order of the Board of Directors of said Company-, and that he si s name thereto as Vice- t of said Co span by'Ike authority. FELICE M. ZUBAYCKI cs r`ar NOTARY PUEUC ENEW JEPSEY (Seatw,. P r } My Comm'sson 1x~ as Ame1, 1991 r ' ,fife R T I F I C T E ayry Public I, the undersigned Assistant Secretary of SEABOAR D SURETY COIAPAN doherebyce.. liufbn nal Power of Attorney of which the foregoingis a Iu6. true and correct copy. Is In full fierce aria effect on the date of this Certif"le and I do lurMer cert ,that the Vice-President who executed the said Power of Attorney was one of the OffwerS authorized by the Board of DirecwO s to appoint an attoanev-p" 'e: e - orov,ded in Art" VII, Section 1, W the By-Laws of SEABOARD SURETY COMPAP:Y This Cerl,14ate may be signedand sealed by tac:vr4.le C-• And by authority dine IWiowmg, s lubun of the Executive Committee of the Board of Drrectofs of SEASOAno SURETY COMPANY at a meeting duly called aria new on the 25th day of March 1970 'RESOLVED. 12) That the use of a printed facsimile of IM corporate seal of the Company and of the sig~w;,re of an Assistant Secretary on any cem,f+catron of the correctness of a copy of on instrumewe■ecufed by the Presidentors Vice-Presiders! pursuant to Artrck Vet. Section 1, of the By-Laws appointing and authorkrmg an attorney-6r*fact to sign in the name and on behalf of tre Company surety bonds, underwritiN ~nde_rtakings Or o„per instruments descr,ted in said Article VII, Section 1, with like effect as if such seat and such &gnaiure had been manually affixed and made, hereby is authorized and approved " IN WITNESS WHEREO1, f have hereunto set my h nd and a fixed the corpprat seat of tt~9 Company to these presents this e ,4 Z 077i day of A rlL'1 l 19 (1827 ~rAtil~ ASa+stdM Seer ,dry F grin ,9571 i 1 t 'i CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be givens o The City of Denton shall be an additional named insured on { all policies. E I. WORKMEN'S. COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory 0 Employer's Liability - Statutory I1. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $1,0001000. III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 I 1 Z^~ To the extent the Contractor's work# or work under ions, his require blasting, ' explosive condit or underon► may covergageush lle conta n noeexclusionnrelative rto blastingY exploag explosion, collapse of buildings► or damage to underground property, The liability limits shall not be less than: 0 A combined single limit of $11000,000. ~ This IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. Thi ; insurance shall the provide name coverage of the f City heof wDenton d for employees, liability that may be imposed arising out of the work , being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts the Owner. Although this insurance or its strictly for the be responsible for ~ benefit of the Owner, the Contract obtaining it at his expense. The liability limits shall not be less than: 0 A combined single limit of $1,0000000. i INSURANCE SUMMARY: h The Contract shall provide insurance to cover operating hazards the period of placing the facility in operation and during during ' testing, and until such time as the facilities are completed an Owner. Approval written the tinsuranceh by b the the Owner and cP has bfor een operation fact by relieve or decrease the liability the owner shall not in any way of the Contractor hereunder=epresent expressly sthe specifieddlimltstof ~ Owner does not in any toaprotectothe ointerest orpliabilities ofethefContractor. adequate P insurance indicatinge thate allhofl the above policies certificate t the of appropriate be given a liait theerownnereewilln be cgivenTat lrtieastficate thi tysh(30) adlso ays iwritten that notice of cancellation, non-r Allaresponsibilityl fora paye of ment tof required insurance coverage. resulting retention o conditions deductible provisions, olicy i or s any sums self-insured policies shall remain with the Contractor. The Contractor shall not begin any work until certificatestand Owner enotified ethewContractorppdirectly iniwriting. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 ~txrLFLWE OF CITY OF DENTONE city of Denton Reference: Naea and Address of lkency Project M": Project No: 7 Project location: f managing Dept: coepanies Affording Coverage: Name and Address of Insured: A B - - - - - - - - - - - - - - This is to certify that: 1) policies of insurance listed below 11 bees issued and are in fora at this tfnr. 2) The City of Deetoe is listed as am additioeai insured as to cell applicable eTListits of Liability ' Expiration I LdtP+~l! T f Ins r Policy n Occurrence Cosg IN live General liability Bodily Injury = cal&iin made (see e4-Page CI-4) Property Oanye = Broad Fore to Inc,ude: - Prwises/Operat ons - Inde"Ment Contractors Bodily iury~ Prop" - Pr~odrets/Cowl" Operations S - Personal injury n - cootattal liability(se "Age CI-4) - Eeplosiom and Collapse Hazard - Underground Hazard - L$auor liability Coverage j - F re Legal Liab111ty (see "Age CE-4) - Broad Fora Property Oaeuge - Professional Errors/oeissions - claim ma (see 1"&" Cl-4) its Autoeobiie Bodily In ury/Ferson L Bodily Iniury/Accident i i l ity _ Property 0+~++Be ~uwtaeob tsi 1 i t es Bodily Iry/property : - Hired Aataeobiln iae and Statutory Aw "t 6lo~yers' L agility - owners' Frotaetive Liability OtW Insurance Description of Ooentions/Ioeation/voicles. 1 ar eeterial cAange in coverage. ESacb policy s C1I rewire thirty (30) days notice of cancellatioe, non-renew+ Nan and address of certificate Holder. CITY OF OENTON, TEXAS Pt1 KASING AGENT 901-8 TEXAS St. OENTON, TEXAS 16201 ccc nccr...".r 1 lip DEFINITIONS and noes ' City of Denton►eegs elected INSURED: The and employ l• ADDITIONAL ozfieialsI officers appointed .Compensation.) requite that not apply t0 Workers Policy stall wall of CANCELLATION: hehcancellation►the~erofeneshall be NOTICE hirty ~30) days Prior tcoverage+mail~ticIf the Poli ydaYs 2• t ial change Certified only ten mater s any owner by of premium given to non-Payment uirede or cancelled tice to owner is req contract written no con of ctual (Liability assumed by s ORAL COVERAGE: exist.) Thside CONTRACT and would not otherwise reverse Ge 3. shown on the C0 r hensive broad agreement# reQuirement under coverage liability of insurance ations assumed by the Cert ificate must include a definition for oblig This Certificate of a9 contract. governing contract. Liabilitty? Provide cover a enough the feferento uired by the g contractor in provided as coverage will Insurance is ReQuire6 period of Continuous POLICY F0 formula one Year (to CLAIMS MADE by tRhMe* ac following a extended determines the ,ontriod)►u and which be life 'of 5) years coverage for the the warranty pet fve covide coverage for a minimum Of eriod. P very period the warranty p that end ° disco all contraction of shall begin at the (Required in alters tion of is to cover LEGAL LIABILITY construction ormanentlY 5. FIRE the occupancy, and P to involve or leased facilitiapQiicabbleproQer tY damage City-owned (where damage is contents with respect if such of buildings' equipment of structuresto the operations installed by or portions due is a minimum of and caused sures the Pet Limit! of i liability to be the contractor. all authoritiana $5u0►000• shall include departments, m owner divisions, employees, 6• OWNER: The tercommissions, members, and/or bureaus, and indiv,du aI capaCities► boards, of the owners, their a agents thereof the owner. and nd tir.g on behalf of while ac E CI 4 1 BID M 1267 1 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF LOKA DEL REY DRAINAGE IN DENTON. TEXAS The undersigned, as bidder, declares that the only person or { parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with I any other person, firm or corporation; that he has carefully examined the form of contract. Notice to Bidders, specifications 1 and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work azd furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intende3 principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work ;ihether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. E P - 1 1 7 1 It is understood and agreed that the work is to be completed in 1 full within the numbec of work days shown on the bid tabulation sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid i proposals. Should bidder alter, change, or qualify any specification of the bid. Owner may automatically disqualify bidder. i The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: I I I l P - 2 1 a BID NO. IA 1 1 PO NO. Loma Del Rev Drainage 1 (Base Bid) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT_ RICE TOT I Contractors Warranties I I I ! L3 I ! S. 000 1 21 gad Qnda standings I I I I preparation of 1 LS I ! ?o /LS I ! 3b.0ee I Rich W I I Barricades, Warning 31ans1 I I Zo 4' o oou *tours sn4 I I h I I I LS ! /Z.eoa /LS I ! /Z4oo• w ' ~ B l [ScKinney Street Detour ~ I I I ~ S ,5r, ar f 1 ooo.~ cy so /CT 00 116" Reinforced Concrete 1 I 2 12 3 A I pie (Class III) l 393 l LP i 3 ~T 11 1:1 /LF 1 ! /B~y7/ 118" Reinforced Concrete I I p I a 1 8 LP F 5 ' 2.1 - p C a IV 136" Reinforced Concrete I I 00 2 12 3 C I pave (Class III I 2 356 l LP i ! i ! 1~•~ 36" Reinforced Concrete I I L o. LP Z a 2, -D a la IV I 142" Reinforced Concrete I I I eo o I n~ Clas" III) I 2 834 I LP 11 48" Reinforced Concrete I I I I pZl05o 2 I Pive (Clegg 111 11 4 730 I LF 13 pS /LF I! 'y I" 124" Reinforced Concrete I I 2 l2 3 G LL ive (C I 1 62 I LP I f SD./s•F 13 3 i I I 2 I I D I 14' x 4' Junction Box I 1 I I D!' I /D~,H 110' x 4' Junction Box I I I I - 2 1 Cover l 3 I EA i! !A j! 9.00° a J 110' x 7' Junction Box I I S I! ixa i! S. J js6.A-3 I ad Cover i 1 1 EA ocn°~ eon AA l 3 moo. _ 7.6.A-4 111' x 4' Junction Box l 1 I EA I 14000' ! ' 7 6 A 5 I x 8' Junctfo~_Box 1 2 I EA I! ?,poa aA I! yaoo I a.a' je~ t ! 3 4000.•." 7.6. A-6 16' x 8' Junction Bc, l 1 l EA I! j 6 A T j e ial Analed Junction 3 ! SSoO~ Box 13 /6,soo 1, 6 L& O 14' Curb Inlet I ~ I EA I ! /o/d°%EA L ! ~!OOO.ao Ire CA I S AA 6, _ 1 Curb Inlet 7,6.A-10 18' Curb Inlet 1 5 I . 8A I ! /~p0,~/BA I ! 7SOa.°° P - 3 ~l 1 s w.....• rn.r 1 BID N0. 1261 p0 NO. Loma Del Rev Dralfl (Base Bid) BID TABULATION 3H86T DSSCRI UAWITY UNIT UNIT PR C IT u' IO I I I I I RA c oo e. 7.6.A-11 10' Curb alet I I I I l YA I z aoo.~' 6.A- 10' Recessedurb Inlet I I I I aco.°' I 2 I 1 s SSW %&A I s 3 = m nle" I i .o 7.6. - I I I z t cao. l ' let is jumltj b.A- I i n t 1 I I .o I o00 ~ ~ I qA aoa SA J Z SP-4 1 Vate line Lowsri I I I ~ I 1 IZS.' LP z 175. ~o , 2 11 5 1 Inlet Frame and Cov r I I I I 38 I'll is e 2 LIP JS, Lf 2.1 .20 6" PY it terline I I I ~ I /D 2 d BA 000, D SP-2 A ust ifate so i e I I I I I yco,°~ RA ° oco S_ Ad ust ever rvi s I I aA I e s I 0 I 60 L - ! SP-37 X v t o so io I I I Rewvs Concrete Curb i aol I LP I = 3 L I tter I I I l J~ 1 s"2 c t I I I z3~ s l I I i I g l I cone re to 00 Riv ~ I ~ 3 Z ea t I ee ► Lr l ~ ! ap 2 I Concrete saw cut I I I ~a I 0 c i7 7/0 c 1f ed lxcavation I I I I 1 cY X40. s ys~• - 3.7 Con acted Pill I I Po." ICY 3 _B Co c III t Bncas nt 1113111 ' I I 200 I L I Z p~•. Ra 1 12" Asphalt Patch MaterialI B I TO I 3f, 00 TON z 7 0' i t Door -B I I I D.$b 3 10 T Hydrowulch I 10 OOO I 9i I I so I o• a_o a l St AueuItine sod I I I I j .54 LP r3 ' L! ,SIS6q • g is 1 4' wire Penee I 1 2 2 I I 045 I ~ SA SP- Pro ect Ark! I 2 I BA I I 31599. TOTAL E P - 4 f i 1 BID NO. 1267 Lom Dal Rev Drainage PO NO. (Alternate Bid) BID TABULATION SHBBT ITEK DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractors Warranties I I I 1 1.21 ! and Understandings l I LS I ! Steno p/L9 I ! aa•.°• Preparation of I 1 1 60 1 3.1 Ri,gbt-of-way I I LS I ! ZO.ooo. /M 1 ! ;JR0 7" I Barricades, Warning Signal I I I ` 8.1-A I and Detours I I LS 1 ! Zn.aa /LS I ! oao. ` I I I I ~ f 8.1-B I KeKinney Street Detour I I LS I I /t~OOO.,%LS I ! /Z.at I I I I SP-10 I Rock Excavation I 1.000 1 Cy i ! 5'.°~ /CY I ! lzl6ev 118" Reinforced Concrete I J I /LP I ! /~yy/." 2.12.3-A l Pipe (Class III) 1 393 1 LIP 1 ! y1. 118" Reinforced Concrete 1 I I I 2.12,3-8 l Pips (Class IV) I 148 1 LF I ! /LF ! ! famo. 136" Reinforced Concrete I I I 2.12.3-C 1 Pipe (Claae III) I 2.356 I LP I ! SS. /LF f ! /1?}SBo, I 136" Reinforced Concrete I I I I 2.12.3-D I_ Pipe (Class I) I 44 I LF I ! 72 ~ /LP I !s/LS~,'° 142" Reinforced Concrete I I I 1 2.12.3-E I Pipe (Class III) i 1,478 I LF I ! 9e,iO /LP I ! /'044(40° 124" Reinforced Concrete I I I I 2.12.3-0 I Pipe (Class III) I 62 I LP I ! s~ /LP ! 3 a/00,06' 2.12.3-H 15' X 4' Box Culvert I 3.045 l LF 1 ! p 1 3 3rrAt75_r' I I I 1 I T.6-B 14' Kan Hole Ris4r I 4 1 EA ( ! ft°* /EA l ! ZBcso.' ° E 4' X 4' Junction Box I I I I T.6.A-1 I and Cover ! 1 { EA I ! /AM.'/EA 1 ! /OG°." 110, X 4' Junction Box I f I T.6.A-2 I aad Cover f __-3 l EA l ! j&V0,°/EA I f ! ~AGa.riD T.6.A-4 1 11' X 4, junction Sox I 1 I EA I ! -f ood. /RA I I Sao I I I I I 7.6.A-5 1 4' X 8' Junction Box I 2 I. BA f . ZSzw.,o '1KA 1 ! 5-0oo•o" I I f I p ! T.6.A-6 1 8' X 8' Junction Box i 1 f BA 1 ! Pooct /EA 1 ! 30co." 7.6.A-8 l 4' Curb Inlet I 4 1 EA I ! AM.~/EA I ! 'IoQpGp•' 7.6.A-9 16' Curb Inlet I 4 I EA 1 ! Q;M*•/EA I ! [r00•.°i 7.6. -10 1 8' Curb Inlet I 5 1 EA f! /00..~EA 1! 76"00"" 7.6: -11 1 10' Curb Inlet ! 4 I EA I ! ZOO, /EA f ! ~ T.6-A-12 1 10' Recessed Curb Inlet I 1 I EA I ! Z004 /&A I ! Z,ODOM P-5 1 _ IVM LN1S OS I Loma Del Rey Drainaxe BID N0. 1267 (Alternate Bid) PO NO. BID TABULATION SHUT 3TB71 DESCRIPTION CUA1('PITi UNIT UNIT PRICE TOTAL ,6.A-13 4' 1{ ' Yard Inlet f 2 I BA I ! JSiS~1iRA I ! 3ffl00 w { 7.6.A-14 f 4' x 1Z' Inlet (Special) 1 Z I EA I f 2oc+ci/BA 1 7 00° ~_6.A-15 1 5' x 5' Yard Ialat I 1 I 8A f f za~o/EA I s zjooo°e P- W to 1 no L-owerinx ZA e° o° 2.11.5 1 Inlet From and Cover I 17 1 ER I S IZS~~ /LIP I ! z (z.S°p 2.12.20 16" PVC Waterline I 254 1 LF I f /SI /LP I f .38!0,10 SP-27.A I Adjust Water Service _ I 25 I SA 1 ! '/ad's/gA I ! /a m1 °1 SP- A ust eve Service i 2 I pD EA e/ 9P-37 f Excavation Protection f A 960 I LF I ! 7 os /LIP Remove Concrete Curb and otter I 301 I Lr 1 ! 3 /Lr I s 90 " SP-42 I Remove Concrete Plume I I LS I ! 3°O~/L$ I ! ?eo!O 8.15-A Concrete Rip Rap I 300 I 9i I f °O/SY I f dd' SP-2 I Concrete Saw Cut 1 88 I L! I! 'f~ pO /Lr 1 ! 3 "q2-10;" 3.3 clams fed cavat ' 4,570 ' CT ' .3.°I CY /9 7lob1 3.7_ ! Coenpscted rill f 45 1 Ci I f /Ci I S 4~so,0 7.4.5-8 1 Concrete 8acaaement I 4 1 Cy I! PD`y' ~ /CY I ! 3 zo 8.11 f GF-84 Guard Rail I 200 I LP I ! /~°O /LP 1 s lO~ 2" Asphalt Patch Material) 8.7-B I (Type D) 1 78 f TON I S 3S°' /TON I ! Z73o . in 3.10.7 1 Rydrow1ch I 10 000 I ST I S s° /Si f ! $-DOo"o a° 3-.9.3 i St. Aucustine Sod 1 20 I Si i f 3 s% /SY 1 s 70, 8.14 I Wire Pence 1 1 520 I LP I f 3.~ /LP I f Aa", 10'0 T•ti! SP-39 I Pro.lect Signs I 2 I EA I f tY/Qdo/EA f ! / 2DO j1 - I + MAL I b y3Z P-6 1 BID SUMWY PRO WORK DAYS BID 65 s-x fi S fi `1• +I 1. Lcm Del Rey Drainage (Dual 48" pipe) oe ~_~fl, j Y3Z . - I 65 2, Loma Del Rey Drainage (Alternate) (5 X 4 box) I ~ i P - 7 BID SUMMARY "OTAL BID PA~RIICE IN WORDS / el ` / F i T~.tI,~L'/i~f0~ f ✓ ~L cif a~ur~f.iir ~ Ly In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for i labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices proposal have been carefully checked and arentsub ittedthaiss correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. s I Un1~f[e~s~Y ,y ~ { CONTRACTOR By / D- street ream i k~.. T~ ~ Zr:~ madstet Seal i Authorization (If a Corporation) (S/7) 1120 -o Sy L •aelepnone B - 1 . 1 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Randy Nusbaum, hereinafter called "Contractor", hereby mutually agree as follows 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicesi A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder at a rate of ONE HUNDRED THIRTY-FIVE AND 00/100 ($135.00) per eight (8) hour close. 3. STUDENT FEET Contractor agrees to collect a fee from each individual attending the school. Said fee shall be set by the City and shall be JJ turned over to the City by Contractor within twenty-four (24) hours of each class. 1 f 4. SUPERVISION AND CONTROL CITY: It is mutually understood and I agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for any purpose including, but not limited to, income tax withholding, social security tuxes, vacation or sick leave benefits, workers' C compensation benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder in accordance with the requiremente of the Texas Safety Association, Department of Public Safety, and National Safety Council. 5. QUALIFICATIONS: Contractor must be licensed in accordance with V.C.S. 4413 (29c), "The Commercial Driving School Act." 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: (1) Location to teach Defensive Driving Course classes and materials and equipment to conduct those classes. 7. INSURANCE: Contractor shall provide, at his own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 8. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' written notice of its intention to cancel this Agreement. t INDEPENDENT CONTRACTOR'S AGREEMENT - RANDY NUSBAUM October 1, 1991 through September 30, 1992 Page 2 of 2 9. TERM Or CONTRACT: This Agreemert shall commence on the let day of October, 1991 and end on the 30th day of September,1992. y EXECUTED THIS Ar- day of V` 4&4wo '19 9/ 1 CITY OF DENTON, TEXAS BY: 1 1 YD V. HARRELL 1J CITY MANAGER 1 T_ S I I S, CITY SECRETARY TER riTr VED AS TO LEGAL PORMs DEBRA A. DRAYOVITCH, CITY ATTORNEY BYa •I CONTRACTOR: BY: I r I I ' AFF00036 f I 1 1 4 ' I ~ I f 1 M J + I i r 1 LI%;ENSE AGREEMENT BETWEE14 THE CITY OF DENTON AND TEXAS WASTE K41AGEFEidT A DIVISION OF WASTE MANAGEMENT OF 'TEXAS, INC. 1. GRANT i For and In consideratici of compliance by Texas Waste Management, a division of Waste Management of Texas, Inc., hereinafter called the "LICENSEE", with the conditions set forth In this Agreement, and the ordinances and regulations of the City governlrx3 the collection of solid waste, the CITY hereby grants to Texas Waste Management, a division of Waste Management of Texas, Inc., a license to use the public streets.. alleys and thoroughfares within the corporate limits of the City for the purpose of engaging in the business of collecting and disposing of garbage, trash, rubbish, and solid waste from any person, as provided In Chapter 12 of the Denton Code of Ordinances, Sec. 12-23 and Sec. 12-24, from locations within the corporate limits of the City. II. TERM The term of this Agreement shall be for a period cannencing upon the 1st day of January, 1991, and continuing through the 31st day of December, 1991. if. NON-WAIVER OF POWERS This Agreement shall not be taken or held to imply the rellnw ishment or waiver by the CITY of Its paver to make other reasonable requirements or regulations, and the CITY hereby expressly reserves the right to make all regulations rhlch may be necessary or proper to secure In the most ample manner the safety, welfare and accamx>datlon of the public includ- ing, among other things, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience In the management and operation of garbage and solid waste collections, and to provide such service as 1s conterrplated by this Agreement. IV. SCOPE AND NATURE OF OPERATICN It Is expressly agreed and understood that the LICENSEE shall use suitable containers to collect and deliver for disposal all garbage and solid waste removed by s.id LICENSEE. LICENSEE shall, at its own expense, furnish persorw_.I and equlpment to collect garbage and sol id waste from custaners. LICENSEE will establish and malntaln In an - T 1S2/121390052/1 s 11 efficient and husiness-like manner such scheduled routes and special fulfill the sold waste service require- 1 schedules as my be necessary the City. merits of accounts located wit V. RULES AND FEGULATIONS A. The City Manager may Impose all reasonable rules and regulations as a condition precedent to Issuing a license underTthis article a)d as City Mina~~e a condition subsequent to contln ing validity. ruing tF~~ type of 1 require LICENSEE to ccmplY vehicle to be used in collectioro, mrber of pickups tier week ' required, method and route for transporting said collection, and appropriate disposal locations and Identification of trucks. Such rules and regulations shall be subject to the approval of the City Council and shall be transmitted to LICENSEE in writing. shall comply with such rules and regulations within ten (10) days of receipt of the rules and regulations. or I B. LICENSEE may not discontinue ithoutCefit first camvrclalthe container. customer for nor-payment LICENSEE agrees to notify the City of Denton Code Enforcement Division upon removal of container for non-payment. I C. LICENSEE shall furnish CITY a list of the locations of Its e1o he pu waste customers in the Lometolc aI dextinformationfandt to assist the updating the City's pho litter and debris City's Code Enforcement Division in handling theolCIatiTYons of the City Ce of the first l ist notOlater nthan March 1,EE1991. provide D. LICENSEE shall arrange for timely collection o of f arge I to z ect aced authoize beside containers by contacting custm*r not col willhnotify thehCityso Denton Code Enforcement Division on, LICENSEE PAYMENTS The LICENSEE shall bE responsible for billing accounts and collecting payments from custcmers. VII. LICENSE FEE In consideration of the license grEnted In Section 1 hereof, LICENSEE Finance, eight percent (8%) of Its a In to lawful money of the UnitedcStaes,i 152/121390052/2 gross receipts measured by the solid waste collection service fees and revenues collected and other income from any source derived from the cor linits oeration the the solid Denwaste t(x LICENSEE shallcremiiththisilice sperfee during twentieth previous thmontfieaRevenues from the col- collected before revenues on lection of commercial or industrial waste material which Is recycled is not subject to the license fee unless there is greater than ten percent (10%) ran-recycled waste In a container. This compensation shall be In lieu of any other fees or charges Imposed by any other ordinance now or hereinafter enforced during theof life hereof, but shall not release the LICENSEE from the PaymTe valorem taxes levied, or to be levied, on property it owns, or fees for using the City's landfill. The books and records of LICENSEE shall be open at reasonable times for Inspection by the City Manager or his designee in accordance with the terms of this license agreement. Viii. VEHICLE IDENTIFICATION The LICENSEE shall provide the City with a list of vehicles which It operates and the make, model and boy placing style cl of eachl ehiicle.let ICENSEE early egible ers no shall identify each vehicle by smaller than six inches (611) on each vehicle Identifying the applicant by name. Ix. DISPOSAL OF SOLID WASTE The LICENSEE agrees to dispose of all solid waste collected within the City at a sanitary landfill site approved by the State of Texas. The ifi byTtheeLl ENSEEhatranyttimedduringtthe torTn ofcthlaindAgfill be used X. TERMINATION nrs If at any time LICENSEE falls to perform ianyaofdtheteed hereinonditions herein set forth, CITY may, and cancel the license given in Section I hereof and this Agreement shall be •iull and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the LICENSEE by registered or certified mall addressed to the LICENSEE at (10) days has sell elapsed delivered L since the ICENSEE, address and shown Pr period t of at record least ten CITY, or -3- IS2/121390052/3 .1 1 mailing or delivery of such notice. The notice shall specify the time and place of the hearing and shall include the reasons for revocation of such license. The hearing shall be conducted by the City Manager of the City and the LICENSEE shall be allowed to be present and given full opportunity to answer such charges and allegations as are set out against him In the notice. If, after the hearing Is concluded, the City Manager shall determine that the charges and allegations set forth in this notice are affirmed by the facts presented by the hearing, the CITY may revoke and cancel this agreement and the license, and the sar^ shall be null and void. XI. BOOKS AND RECORDS I The LICENSEE shall malntaln a separate set of records in a form suffi- cient to identify its revenues and expenses Involved In collection and disposal of garbag,3 and solid waste within the corporate limits of the City of Denton which shall separate the accounting records of the Denton operation from Its other operations. The CITY may, at any time, cause an audit, either formal or Informal, to be made of the portion of LICENSEE's books and records representing Its Denton operation or any portion of any of Its other operations whlch may be allocated or charged to the Denton operation. Any additional amount due CITY as a result of such audit shall be paid within thirty (30) days following written notice to LICENSEE from the CITY. XII. INDEMNIFICATION; INSURANCE The LICENSEE. assumes risk of loss or Injury to property or persons arising from any of Its operations under this Agreement, and agrees to indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys fees, arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not In any way limit the liability of the LICENSEE. The LICENSEE agrees to carry Insurance during the entire term of this Agreement as follows: a. Worker's Ccrnpensatlon insurance coverino all employees of the LICENSEE engaged to any operation covered by this Agreement. b. Automobile and Public Liabllity Insurarx:e In amounts not less than $1,000,090 per occurrence. Such policies of Insurance shall be Issued by companies authorized to conduct business In the State of Texas, and shall name CITY as an additional insured and shall insure CITY In thF same general terms and 4 - 1S2/121390052/4 r l to the same general effect as the foregoing Agreement of the LICENSEE to ` Indemnify and hold harmless CITY, and certificates evidencing such insurance contracts shall be deposited with CITY. XIII. AS S I WENT No assignment of this Agreement or any right occurring under It shall be made In whole or In part by LICENSEE without the express written consent of CITY. In the event of any assignment, the assignee shall assume the liability of LIC'_NSEE hereunder. 1 XIV. BANKRUPTCY i This Agreement shall tennlnate In the case of bankruptcy, voluntary or involuntary, or Insolvency of the LICENSEE. In the cese of bankruptcy, such termination shall take effect on the day and at the time the bankruptcy Is filed. XV. RIGHT TO REQUIRE PERFOFd WXE The failure of CITY at any time to require performance by LICENSEE of any provisions hereof shall In no way affect the rights of the CITY thereafter to enforce the same. Any waiver by the CITY of any breach of any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision Itself. XVI. MISCELLANEOUS A. If any provision of this Agreement shall be declared illegal, vold or unenforceable, the other provisions shall no. be affected and shall rerm In in full force and effect. 8. The effective date of this Agreement shall be on January 10 1991. C. All notices given pursuant to this Agreement shall be deemed suffl- clent, If ven In writing and delivered on a business day during nornal business hours, and deemed delivered on the second business day after dispatch If sent by first class mall, certified, return receipt requested, addressed as follows: -5- 1S2/121390052/5 CITY: LICENSEE: City of Denton Texas Waste Management City Manager A Division of 215 East McKinney Waste Management of Texas, Inc. Denton, Texas 76201 Post Office Box 719 Lewisville, Texas 75067 EXECUTED thlssy'd-l"day of ATTEST: CITY OF ENTON j r: All), ~&~e I ty Sec etary oyd Harrell City Manager ATTEST: LICENSEE: 1 gtas* rl By: Tit Texas Waste Management A Division of Waste Management of Texas, Inc. f I ' - 6 - 152/121390052/6 it 1 1 4 1 r CITY of DENTON, TEXAS MUNICIPAL BUILD,NG / DENTON, TEXAS 76201 / TELEPHONE (817),56&8200 OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES i i I MEMORANDUM I I DATE: July 31, 1991 i TO: Jennifer Walters, City Secretary FROM: Gay Racina, Administrative Secretary RE: Tippett and Gee Contract- July 1, 1991 Attached please find a copy of the above-referenced contract for filing with the Official Records of the City. The original document has not yet been located. In lieu of this original, however, Ray i wells again obtained signatures from Tippett and Gee and others on another copy of this contract. His staff will be forwarding this original document with original signatures to you for filing. r Please do whatever is necessary with these documents to assure protection of the City's Interests. Thank you very muchll Gay a, n trative Secretary cc: R.E. Nelson, Executive Director of Utilities Legal Department Ray Wells, Supt., Metering/SS/Communications file Attachment: Tippett 6 Gee Inc., Contract TIPGEE.CON DED=GATED TO QIJAL,zT`I SERV=CE I w D OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Ernie Tullos, Director of Electric Utilities FROM: Debra A. Drayovitch, City Attorney SUBJECT: Revised Contract Between the City of Denton and Tippett S Gee, Inc. DATE: July 5, 1991 i Pursuant to your request of June 4, 1991, I have reviewed the at- tached contracts. Per my conversation with Bob Nelson of July 3, 1991, an ordinance will need to be prepared for Council approval of a master contract for professional services not to exceed $15,000. The attached contract for $9,500 may be signed by the City Manager. If you have any questions, please call me. I I I De araA.r y vitch DAD/lkh Attachment xc: Lloyd V. Harrell, City Manager (memo only) OPP"" 'Dedicated m Quafity Servka' I` 1 y I i TECHNICAL SERVICES AGREEMENT f Between f City of Denton ('OWNER') I and Tippett & Gee, Inc. ('ENGINEERI ONOW: 5-28-91 c 1 TABLE OF CONTENTS PAGE 1. SCOPE OF SERVICES 1 II. COMPENSATION AND PAYMENT 1 ; I III. PROFESSIONAL OBLIGATIONS OF ENGINEER; LIMITATIONS OF 1 LIABILITY; INDEMNITIES IV. INDEPENDENT CONTRACTOR 3 V. CHANGES WITHIN THE SCOPE OF SERVICES 3 VI. OPINIONS OF COST AND SCHEDULE 3 ` VII. INSURANCE 4 I I p VIII. FORCE MAJEURE 5 I {I 1 IX. RFUSE OF DOCUMENTS 5 E X. TERMINATION OF AGREEMENT 5 XI. SEVERABILITY 8 XII. NOTICES 8 XIII. ENTIRE AGREEMENT 8 XIV. MISCELLANEOUS MATTERS 7 SIGNATURES OF PARTIES 8 DN000; 5.28.91 1 of 2 f TABLE OF CONTENTS (Continued) PAGE APPENDIX A - SCOPE OF SERVICES 9.10 APPENDIX B - COMPENSATION 11-12 RATE SCHEDULE RS010191A 13 SCHEDULE A - PRICING STRUCTURE FOR REPROGRAPHIC 14 - 18 AND PRINTING SERVICES i SCHEDULE B - PRICING STRUCTURE FOR COMPUTER SERVICES 17 I DNDOO: 5.28 91 2 of 2 THE STATE OF TEXAS S AGREEMENT BETWEEN THE COUNTY OF DENTON I CITY OF DENTON AND TIPPETT @ GEE, INC., FOR TECHNICAL SERVICES This Agreement is entered into by and between the City of Denton, Texas, hereinafter referred to as ('OWNER'), and Tlppett B Gee, Inc„ hereinafter referred to as ('ENGINEER'). 1. SCOPE OF SERVICES ENGINEER shall performfor the OWNERthetechnical services requastedend authorised by the OWNER and as generally described in Appendix A (the 'ervices'), which Is incorporated herein. ENGINEER shall be entitled to rely upon the accuracy and currency of information ~ J furnished to it by OWNER and by any of OWNER'S contractors, vendors, or cor,sultants, and other generally accepted reputable sources, 11. COMPENSATION AND PAYMENT For the performance of the Services, OWNER shall pay to ENGINEER the amounts and in the manner and at the times specified in Appendix B, which Is Incorporated herein. III. PROFESSIONAL OBLIGATIONS OF ENGINEER; LIMITATIONS OF LIABILITY; INDEMNITIES ' ENGINEER'S obligations and responsibilities under this contract shall be to perform design, engineering and other professional services in connection with the Services, ENGINEER shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and if OWNER discovers, any portion of the Services which fail to satisfy the foregoing standard of performance, ENGINEER shall, at no cost to OWNER, to-perform such services. DNODO: 6.28.91 1 1 1 ENGINEER shall not be obligated or responsible, directly or indirectly, for: A. Construction means, methods, techniques, procedures, sequences or timetables in connection with the Services. B. Safety precautions, procedures or programs in connection with the Services. C. Any failure by airy contractor, subcontractor, supplier or vendor to fulfill any contractual or other obligation or responsibility to the OWNER or to any other party. 0. Any services, materiel or equipment furnished by any contractor, subcontractor, k supplier, vendor cr other person or entity. E. Any failure by the OWNER or by any contractor,subcontractor, supplieror vendor to av•iply with any federal, state, local or Industry law, r&)uletion, ordinance, code, rule, order, criterion or other standard and particularly, for any failure to comply with plans and specifications. r F. OWNER expressly waives any and all warrr,nties of merchantability as to the Services and to any structure, equipment or machinery connected with the 1 Services. ENGINEER makes no express warranties which extend beyond those described In this .Agreement. ENGINEER agrees to indemnify and hold harmless the OWNER for liability for damages arising out of the performance of Services where such liability Is caused by a negligent act, error or omission of ENGINEER, its ogents or employees and to defend, or to provide for such defense, at the City's option, from any end all such claims. In the event a claim for damages arising out of the performance of this Agreement Is made against the OWNER alleging contributory or concurrent negligence of both ENGINEER and OWNER, ENGINEER agrees to defend, at Its own expense, that portion of the claims related to or caused by the negligent acts, errors or omissions of ENGINEER. DN000: 5.28.91 2 1 i ENGINEER shall in no event be liable to the OWNER for any cons"Uentiel damages, Including loss of use and loss of profits. IV. INDEPENDENT CONTRACTOR The ENGINEER is an independently astablished business and not an agent or employee ' of the OWNER and nothing contained herein shall be construed as Inconsistent with that status. V. CHANGES WITHIN THE SCOPE OF SERVICES , OWNER may, without invalidating this Agreement, make changes within the scope of ENGINEER'S Services bysupplemental written agreement between the parties aftering, adding to, or reducing the Services hereunder. OWNER shall pay ENGINEER for such changes in accordance with Appendix B, if applicable, or as mutually agreed by OWNER and ENGINEER if Appendix B does not apply, R Vf. OPINIONS OF COST AND SCHEOCLE i i Since ENGINEER has no control over and makes no representation with respect to the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', suppliers' or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of its experience and qualifications and shall represent Its best opinion as an experienced and qualified professional engineering firm. Likewise, since ENGINEER has no control over and makes no representationwith resfinect to the resources provided by others to mast contract schedules, ENGINEER'S forecast shall be made on tho basis of Its experience and qualifications and shall represent Its best opinion as an experienced and qualified professional engineering firm. DNOOO; 6.2891 3 c rl r ENGINEER cannot and does not guarantee that proposals, bids, or actual project cost will not vary from its cost estimates or that actual schedules will not vary from its forecast schedules. W. INSURANCE r During the performance of the Services under this Agreement, ENGINEER shall maintain the folfowing Insurance: A. ComprehenaiveGeneral Liability lnsurancewithBodilylr~uryLiabili a Property Damage Liability limits not less then $500,000 each occurrence and aggregate combined single limit, $500.000 B. Comprehensive Automobile Liability Insurance with Bodily lrqury Liability and Property Damage Liability limit of $500,000 each occurrence combined single limit i C. Workers'Compensation Inwirancein eccordancewith statuto ! ryrequiremerttsand ! Employer's Liability Insurance with limits of liability as follows: 1 _ Bodily Injury by Accident - $100,000 each accident; s i r Bodily Injury by Disease - $+500,000 policy limit; r Bodily lrqury by Disease - $100,000 each employee. D. Umbrella Insurance providing not less than $1,000,000 limits in excess of the limits stated in Items A through C. DN000: 5-28-91 4 F, Vlll. FORCE MAJEURE Neither ENGINEER nor OWNER shall be considered to be in default of the provisions of this Agreement if delays in orfailure of performance shall be due to uncontrollable forces, the effect of which, by the exorcise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces'shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is i beyond the control of the nonperforming party. The term"uncontrollable forces'includes,but is not limited to, fire, acts of God, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, ~ sabotage, Inability to procure permits, licenses, or authorizations from any state, local or federal agency or personfor any of the supplies, materials, accesses, orservices required to be provided by either OWNER or ENGINEER under this Agreement, strikes, work slow-downs or other labor disturbances, and judicial restraint. f IX. REUSE OF DOCUMENTS Afl documents Including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are instruments of Services in respect to the project for which they are prepared. They are not Intended or represented to be suitable for rouse by OWNER orothers ; on extensions of such project or any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose Intended shall be at OWNER'S sole risk and LJ without liability or legal exposure to ENGINEER; and OWNER shall indemnify and hold harmless ENGINEER for ail claims, damages, losses and expenses Including attorney's fees arlsing uut of or resulting therefrom. Any such verification or sdaptstionwill entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. X. TERMINATION OF AGREEMENT OWNER may terminate the Services by giving the ENGINEER notice in writing to that effect not less than thirty (30) days prlor to the effective date of termination specified in the notice and by making payment to ENGINEER for all Services performed and ail costs incurred in the performance of the Services. DN000; 5.28.91 5 1 r XI, SEVERABILITY' 1 In the event that any of the provisions, or { Agreement are held to be unenforceable or invalid by any court oflcompetent thereof, this jurisdiction, 1 OWNER .-d ENGINEER shall negotiate an equitable adjustment In the provision of this Agroernent with a view toward effecting the purpose of this Agreement and the validity and enforceability of the remaining provisions, or portions or applications thereof, shall not be affected thereby. i XIL NOTICES i Any notice, demand or request provided In this Agreement to be given by either hereto to the other shall be deemed to have been dui party Y given when made In writing and deposited in the United States Mail, postage prepaid, addressed as follows: TO: TIPPETT& GEE, INC. TO: CITY OF DENTON, TEXAS Attn: Robert S. Gee Attn: Robert E. Nelson President Executive Director of Utilities 502 N. Willis 215 East McKinney Abilene, Texas 79603 Denton, Texas 78201 X111. ENTIRE AGREEMENT ` Any of the Services provided for herein which were performed performed by ENGINEER prior to the effective date of the Agreemsnt"I be ddsemed to ha e been performed under this Agreement. This Agre"M constitutes the entire agreement between the parties hereto relating to the subject matter hereof, and supersedes any previous agreements or understandings, I ON000: 6.28-91 6 \1 XIV. MISCELLANEOUS MATTERS A. This Agreement is Intended for the benefit of the parties hereto and is not intended to benefit third parties.. i B. This Agreement shall be governed by and construed in accordance with the laws of r the State of Texas. C. Unless otherwise provided in this Agreement, the ENGINEER and ENGINEER'S ' consultants shall have no responsibfiiry for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the project site, Including but ;rot limited to asbestos, asbestos products, ~ polychlorinated biphenyl (PZO) or other toxic substances. Provided, however, that I ' ENGINEER shell have the al.grmative dory to notify OWNER in the event ENGINEER, 1 in the course of performing the Services, should discover any hazardous materials or toxic substances. I i i f \ l 1 i DN000; 5.28.91 7 w i iN WITNESS WHEREOF,, he parties hereto have entered Into tKs Agreement effective as of this the -j- day of 1991. DENTON, ERAS ZR ETT & GEE, INC. Y : OBERT S. GEE I V. HARRELL PRESIDENT 4MANA.ER j ATTEST: ATTEST: JENNIFER WALTER$ WILLIAM G. HOLLOWELL CITY SECRETARY EXECUTIVE VICE-PRESIDENT AND SECRETARY APPROVED AS TO LEGAL FORM: i ' DEBRA A. DRAYOVITCH i CITY ATTORNEY I By. r i i s DNODO: 5.28.91 8 F 1 APPENDIX A SCOPE OF SERVICES The services to be provided by the ENGINEER to the OWNER as described in this Appendix A are by definition general in nature and not specific. The ENGINEER represontsthat he has expertise and has successfully completed projects in each of the below described end related disciplines: ~ 1 ELECTRICAL ENGINEERING CAE-CAD SERVICES CIVIL-STRUCTURAL ENGINEERING ENVIRONMENTAL LICENSING AND PERMITTING i MECHANICAL ENGINEERING ARCHITECTURAL SERVICES IN STRUM ENTATIONANO CONTROLS ENGINEERING CHEMICAL ENGINEERING i i The OWNER will designstethose projectsto be assigned to the ENGINEER subject to the Technical Services Agreement. 1 Each project shall be designated as a Supplement to this Appendix A and shall be designated In numerical order as Supplement DN003, DN004, DN005, eta Each Supplement Wil Include: 1. A complete description of services to be provided by the ENGINEER for the particular project 2. A provision for the signature of those personnel authorized to approve and activate the work. i DN000: 5.28-91 9 r i i~ 1 1 1 Each Supplement shall be subject to the terms and conditions of this Technical Services Agreement and become a part hereof. Services will begin only after the execution of the Supplement by the OWNER and ENGINEER. l i i 1 , l i i I I i v I i i i DN000: 5-28-91 10 1 ~JJ .1 P N PARTI S~Q~tPENSAT- IpfV Compensation for services will be defined within each Supplement The bawls of compensation will either be a fixed fee b or per Rate Schedule No. RSOf 0191A (attached aced on a defined of work ) plus reimburaables as detailed below; A. Traveling expenses, Including transportation by common carrier and rental car agencies, room, board and other similar expenses at actual coat. For ENGINEER•furnished transportation the charge will be; Auto or Pickup Truck 27,50/mile Airplane $1501hour B. Telegraph, long-distance telephone end other miscellaneous direct expert at actual cost Prints, aperture cards, and reproductions bailed In accordance with Schedule A in effect timeroduced In-house will t Schedule A dated 1 n9• The currant 0/89 is attached, C. Services of outside consultants approved b OWNER third tracted work and all subcontracted computerwork will be billed at colt tiallmesubcon s s 1.10.. D. Computer charges for ENGINEER'S word processing end technical work stations will be in accordance with Schedule 8 in effect at time of bills dated 12/90 is attached ng The current Schedule 8 r DN000; 5-28-91 11 1 i 3 E. Use of Computer-Aided Design and Computer-Aided Engineering facilities will be billed in accordance with Schedule 8 in effect at time of billing. The current Schedule B dated 12190 Is attached. PART II PAYMENT The OWNER shall pay the ENGANEER for the services performed pursuant to this Agreement in accordance with the terms of compensation In Part I - Appendix 8 of this Agreement. The ENGINEER shall submit invoices not less than once a month to OWNER. Payment of Invoices shall be due within thirty days of the receipt of the invoice. II 1 i ' s i ~ , i ' yi y ~ i f } y I ~ i . { I i DNOO0: 6.28-91 12 1 TIPPETT& GEE, INC. RATE SCHEDULE NO. RS010191A Clerical 521.00/Hr. Administrative Assistant $32.0011-1r. Accounting S47.00/Hr. Drafter $27100/Hr. CAD Operator $32,00/Hr. Des, g ner $37, 00/Hr. Technician $47.00/Hr. Engineer/Architect I $54.00/Hr. Engineer/Architect li ' 584.00/Hr. Senior Engineer/Architect $74.00/Hr. Principal/Project Manager $96.001Hr. I Rata listed above include wage costs, labor burden, overhead and profit i The salary (wage) cost for overtime hours worked by hourly employees will be 115 lima the i schedule rate, Ovartirne hours are hours worked In excess of 40 hours during a work week } and holidays. A work week Is Saturday through Friday. There are seven holidays which include New Year's Day, July4th,LaborDay,Thanksgiving Day, theFrldavafterThanksgiving, i Christmas Day and a day at Tlppett & Ose's option. These rates are valid through 12.31.91. DN000: 5-28.91 13 . 1 , 1 i i SCHEDULE A (1 ore9) (Continued) 2. Seola. Paper Right or Reverse Reading - - - - - 1.00/sq. ft. 3. Mylar Reproductions a. Matte Sepia - - - - $ 1.75/sq. ft b. Clear Sepia - - 1.75/sq. ft , 4. An additional $2.75 for each scresnAd print. D. XEROX 2080 ENGINEERING DRAWING REPRODUCTION 1 1. Standard &nd Paper Prints S 1.15/sq. ft, 2. Valium 1.Msq. ft. f 3. hWK 3.60/sq. ft. E. =FA 8 DUPLICATORS • XEROX 1. P,ener 0.10/Each 2MdisL F...__..~.._._.-_ 0.48/Each I ~ a I DN000: 5.29.91 15 I l t 1 11 SCHEME A 1tWW IC*fdW&,4dI f1F744 Fn SCHEDULE FOR fTEM IL -QWO M4Nr#IG V1CE• ONZO REPROOIXT10N5 OWZO REPROOLOUIONS SO. FT. DOIECT SO. FT. Oo*a PER MINTS SEPIA MYIAR PER PROM SEPIA MYIAR ORDER SLUELa1E PAPER 3 MIL. ORDER 6LUELM PAPER 3 mx 1 51.79 51,17 93.55 41 911.N 131.11 104." 2 1117 L91 3.59 12 1104 32.27 19.97 3 2.14 3,21 417 63 12.20 32.71 71.10 { 4 132 117 5.02 64 12.35 3119 7222 , 5 2.40 4.4 5.45 04 1151 3152 7131 6 2.90 0,11 1.77 04 1117 3417 76.4 7 2.04 6.70 7.90 47 1292 34.53 75.92 1 0 103 6.30 9.03 04 1117 3497 71.74 9 311 an 10.16 04 13.13 35,42 77,97 10 3.39 7.4 1129 70 13.29 3647 79.00 11 3.56 1,02 1X47 71 1143 0.33 11&13 12 3,75 1.56 1344 72 1159 36.79 11.25 ' 13 3,12 1,00 14.61 73 1175 3722 12.39 14 4.10 142 1190 74 1190 37.04 9331 16 429 10.11 1563 75 14.05 39.13 96.64 14 4.4 10.90 1616 76 14.21 311M 66.77 17 463 11.23 10,i9 77 14.31 31.90 woo 14 442 11.76 20.31 74 14.51 31.42 90.02 19 4.90 12M 21 Ad 79 14.90 31.54 90.16 70 5.17 12.83 27.51 90 14.83 427 90.29 21 5.35 1137 2171 91 14.90 40.70 11.41 ` 22 S.S3 13,00 24.13 92 16.13 41.12 9234 f 23 5.70 14,44 25.90 83 IS.N 4145 93.67 24 SN 1497 2749 M 15.44 41.90 K79 2S $03 1514 211.22 N 1554 42.41 96.63 ri 621 1542 2931 N 15.72 42.44 1716 27 4.31 11.39 30,4 17 1547 412{ 90,U - 21 631 11.97 3110 N 16.02 4100 9031 29 6.72 17-M 32.73 N 10,15 "$1 10044 30 6.90 1142 33.90 90 19.30 "M 101.57 31 7.04 1126 34 N ft 10,44 42.00 102.70 ? 32 711 10," 36.11 92 1639 4.40 10182 i 33 7.39 1124 37.25 83 16.73 4643 164.90 34 7.55 16.72 3619 96 19.97 4.25 10,21 35 7.71 282.19 36.50 od 17,01 4.90 10731 34 7.17 2047 4.63 N 17.16 47.12 10.34 37 1.05 20.91 41.71 V 17,30 4734 100,47 34 1.21 Mm 43.0 N 17,44 4707 110.59 N 1.39 21.90 44.02 N 17M 4539 111,73 2.90 4 4.54 22.10 45.14 10 17.72 46.42 M" 41 4.70 22,57 427 Nul200 42 9,90 23.0 47.4 ($01400( 0.13 0.42 1.90 43 6.0 2152 443 Ned m 44 121 24.0 49.16 (301.1000► 0.12 0.40 1,0 46 1.37 24.47 50.79 Nor 1090 M 131 24.96 51.91 - (1001.200) 011 0.34 1.06 47 0.71 25.43 610 3000 2M 4 0.47 25.90 64.17 (2M 4M 0.10 0.11 O.N 46 10.04 26.37 5530 ALov6 90 10.11 2$.06 54.4 1 0.09 8232 O.N DNOOO: 5.28.91 16 qippett & ~ee Pp 61"?, vn9r~eero-lecle H04E OFFIM502 NORTH X%1LL15 STREET ABILF.NE,TEXAS 79603 915/673-8291 (FAY) 915 672 -5251 DALLAS- FT. WORTH METROPLM501 WEST FREEWAY,Sl7TE 600 GRAND PRAME,TEKAS 75051 2141262.5949 ~ May 28, 1991 l Mr. Ray D. Wells, Superintendent Electrical Metering and Substations City of Denton 215 East McKinney Street Denton, Texas 76201 Re: Technical Services Agreement For Engineering Services Between { City of Denton & Tippett & Gee, Inc 4 Dear Mr. Wells: We have reviewed the revised Technical Services Agreement as prepared by the City of Denton Legal Department, and we concur with the changes. Since the original Contract was forwarded to Denton in October, 1990, it is necessary to update the attachments to the Contract as described below: 1. Appendix B has been changed to reflect the latest Pate Schedule which went into effect in December, 1990. 2. The automobile mileage rate has been raised to 27.51/mile in accordance with federal guidelines, and Schedule B has been changed to the 12/90 issue which was updated to include drawing scanner services f which we now offer to our clients. With the changes noted above we are furnishing the complete Contract as prepared in Tippett & Gee word processing facilities, We have compared this version with that which you forwarded to our attention to determine there are not any technical differences between the documents other than as noted above. We have also updated Supplement DS003 for Substation Outage Review and Supple- ment DN004 for General Engineering Services to reflect the new approved Contrac Contract. 5 Mr. Ray D. Wells City of Denton Agreement Re: 28eChnical Services May 1 Page 2 1 Supplement ON003 and s each of the Technical Services Age ben I eandxecareuted by enclosed it~fthis the. city Two Suppl copie ement DN004 have been executed by T19pett letter. After each of the three0 oourefnts ilesas been Denton, please return one copy to continue providing Engineering Services to , We appreciate this opportunity Department. the City of Denton Electric 1 Yours truly, TIPPETT 6 GEE, INC. Joseph C. Sanders, P.E. vice President / 1 l JCS/kml Enclosures P. E. _ T&G, Inc. CC,. Robert S. Gee, t I 1~ 1 SCHEDULE 8 (12190) PRICING STRUCTURE FOR COMPUTER SERVICES A. WORD PROCESSING F I ITI S The word processing facilities will be billed at the following rates exclusive of labor charges. Word Processing Facilities $20.00/Hour 9. TECHNIcet WORKSTATIONS i The technical workstations will be billed at the following rates exclurive of labor charges. Technical Workstation Charge 525.001Hour i, C. COMPUTER-AI[?ED DESIGN AND G01E'P~~TER AIDS ENGINEERING [CADS~E! , The Computer-Aided Design and Computer-Aided Engineering (CAD-CAE) facilities will be billed at the following rates, exclusive of labor charges: Autoatd Color Workstation, with digitizer tablet S30.001Hour I _ Calcomp 36' Multi -Pen Color Plotter 35.00/Hour* HP 36' Monochrome Electrostatic Plotter ---w----•- - 2.00/Sq • HI LDS4000 Large Format 400 DPI Scanner: . A - B Size (Scan b Deskew) - - - 10.00/Dwg C - E Size (Scan it Deskew) 20.00 Dwg I Laser Plotting (OX Size) 1.50/Plot JDL Auto Plotter - - - 4.00/Plot Pipe Stress Analysis (Casser II): Input/Output Processing 8.00/Pour Analysis 0.101CPLI-Second Node Charge - 0.50/Node *All supplies will be billed at cost. This includes all paper, vellum, mylar, pens, etc. DN000: 5.28-91 17 1 1 SCHEDULE A (10/89) PRICING STRUCTURE FOR REPROGRAPHIC AND PRINTING SERVICES A. MICROFILM SERVICES These services refer to the use of microphotographyto produce roll microfilm and aperture cards in the form of silver halide and/or diazo film. 1. Silver Halide - 35MM i a. Aperture Card $ 0.80/Card b. Aperture Card Blank - $ 0.10/Card 2. Diazo - 36MM Aperture Card 0.40/Card B. DIAZO PRINTING SERVICE IPRODUC D ON STANDARD WHITEPRINTERI 1. Standard Paper Prints i Whitepnnt (Blueline) Refer Attached f Schedule 2. Sepia. Paper f Right or Reverse Reading Refer Attached Schedule +I ! 3. Molar Reproductions Matte or Clear Refer Attached Schedule C. (YAZO PRINTING SERVICES IPRODUCED ON CONTACT VACUUM FRAME) These services refer to the production of copies made from translucent originals onto material with sensitized coating. Contact vacuum frame required when producing copies of pin registered overlays to obtain composite print or reproducible. 1. Paper Prints Whiteprint $ 0.461sq. ft. DN000: 6.28-91 14 SUPPLEMENT ON003 j SUBSTATION OUTAGE REVIEW CITY OF DENTON DENTON. TEXAS A PURPOSE Supplement ON003 for Substation Outage Review has been prepared in accordance with the procedure described in Appendix A, Scope of Services, contained in the Technical Services Agreement executed between the City of Denton, Texas, and Tippet* Gee, Inc., effective May 28, 1991. This Supplement authorizes the work and compensation noted 1 herein and further ecimoWedgsa that Supplement ON003 is subject to the terms and conditions of the Technical Services Agreement and becomes a part thereof, B. SCOPE The Engineering Services to be provided by Supplement ON003 include; r 1. ENGINEER'S Responsibility; a. Review OWNER-furnished records and data of the August 3 and August 21, i 1990 transmission and substation outage& b. Review relay coordination data and calcuiations for the substations and transmisiion lines which were affected by the oxage& c. Recommend tests to verify operating status of the affected equipment. J d. Present recommendationsforprevention offuture reoccurrancesoftheou'ages. 2. OWNER Responsibilities: Furnish records and data of both outages, (ON000; 5.28-91) 1 1 1 SUPPLEMENT ON003 (Continued) C. COMPENSATION The ENGINEERshall be reimbursed based upon cost times a multiplier plus reimbursables as defined in Appendix B of the Technical Services Agreement for the work described in B. SCOPE above. D. AGREEMENT I Acknowledgement of agreement to Supplement ON003 Is provided by the signatories below. The effective date of Supplement DNO03 Is May 28, 1991. i CITY Of DENTON, TEXAS TIPPETT b GEE, INC. By' Robert S. Gee, .E, President Title: Date: Charge Code f i i (014000: 5.28.91) 2 SUPPLEMENT UN004 GENERAL ENGINEERING SERVICES I~ CITY OF DENTON DENTON-TEXAS { A PURPOSE i Supplement DN004 for General Engineering Services has been prepared in accordance with the procedure described in Appendix A. Scope of Services, contained in the Technical Services Agreement executed between the City of Denton, Texas, and Tippett 6 Gee, Inc., effective May 28, 1991, This Supplement authorizes the work and compensation noted herein snd further acknowiedges that Supplement DN01is subject to the terms and conditions of the Technical Services Agreement and becomes a part thereof. B. ,SCCQPE 1. The Engineering Services to be provided will be Initiated by written requests from the OWNER for said servicer. The ENGINEER's acknowledgment of the request will be confirmed In writing. The Engineering Services offered by Supplement DN004 wit! _J be WtMn the disciplines listed in AppendixA to the Technical Services Agreement. 2. The OWNER will provide personnel to accompany ENGINEER'S personnel during on- premise work and to Interface between the ENGINEER and the OWNER'S equipment where Inspection, adjustment or operation of the equipment is required. C. COMPENSATION The ENGINEER Mall be reimbursed based upon cost times a multiplier plus reimburwbles as defined In Appendix 8 of the Technical Services Agreement for the work described in (DN000: 5.28.91) 1 r 1 } k F i SUPPLEMENT DNO04 (Continued) B. SCOPE above. The total compensationauthori:ed bythis Supplement shell not exceed $9,500.00. D. AS F""F"T Acknowledgement of agreement to Supplement ON004 Is provided by the signatories below. The effective date of Supplement DN004 Is May 28, 1991. CITY OF DENTON, TEXAS TIPPETT 6 GEE, INC. By: By: Robert S. G.", ftE , President s Title: Date: J Charge Code I i i j 1 i i F (DN000: 6.28.91) 2 w 4 FROM: M 1, DEPT: t)? ,!;b REQUEST CODE (1S Owacttre only): REQUEST FOR Ir i i II 11 1 1 1 1 1 1 LEGAL BERVICES DATE: APPROVAL' (Operuent olrector) PRIORITY' (C(ty Kwpr) ! Infomat on and Instructions I . _ If request is for review, interpretation, or amendment of a contract, lease or other document(s), please attach a copy. If request concerns any section of the Code of Ordinances, its amendment or repeal, cite the applicable section(s). If request requires a real property description, attach a correct TYPEWRITTEN description as a marked exhibit (Example: Exhibit "A"). ! Attach diskette or document identification number for all documents r E prepared on PC or Wang word processor. File name: STATE ACTION REQUESTED BELOW; DO NOT WRITE OR TYPE rrsEE ATTACKED'$: S~GNa-rqjd,-~ )?jj v ,n r- P - P~ 8 c 1y t~ 1~ h ~a►~ 7F4+'s +'s `yNF Qa u~s~~ c ar as pelt GCE !Q l~eR ~z$ YP~1,,iYn PKGc a5 r4f'r- c) ~ ~ f For Legal Department Use Only ACTIOt7 TAKE REQUEST RETURNED BECAUSE/ANSWER: NUMBER G~9/ 0 3 RECEIVED W ASSIGNED -~L! DUE DATE W-trl- 49 W4A eo~f~ 0,j,~- jhdE' ASSIGNED TO ~L~()_ REV. DATE DUE DATE 2 _ COMPLETED DOCUMENT V CONTRACT AGREEMENT STATE OF TEXAS 1 COUNTY OF DFNTON THIS AGREEMENT, made and entered into this 2 day of APRIL I A.D., 19 91 , by and between CITY OF DENTON E ' of the Ccanty of DOMN and State of Texas, acting through LLOYD V. HARRPLL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and GROG 2S(ffi$Olf LANDSCAPE INC 144 STRITTM&=. PILQ POLx'1', TFSAS 7b258. of the City of PILOT POINT . County of DIIITON and State of TEXAS , hereinafter termed 'CONTRACTOR.' HITNLSSETS: That for and in consideration of the payments and agreements hereinafter mentioned, to bs made and performed by OWNER, and under the conditions expressed in the bonds bearing even data herewith, CONTRACTOR hereby agrees with OWNER to commence and conplete performance of the work specified below: BID f 1236 - HIGHWAY 380 IRRIGATION in the amount of $58,362.92. and all extra work in connection thtrewitb, under the terms as stated in the General Conditions of the s7reamentt and at his (or their) own proper cost and expense to furnish all materials, supplies, machinety, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all saps, plats, blueprints, and CA-1 0114$ other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by 1 CITY OF DENTON ENGINEERING STAFF 1 all of which are made a part hereof and collectively evidence and L constitute the entire contract. r Independent Status r It is mutually understood and agreed by and between City and i i Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholdinge social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. 1 City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City ![onager of the City of Denton, Texas, or his designee under this agreement. ' Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all daaages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whoa it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the data established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or payments t be isubject to pthelGeneral which and forms a Special pConditions of thetContract. CA-2 01148 I ,t. IN WITNESS WHEREOF, the parties of these presents have executed this agreeDent in the year and day first above written. ATTEST: CITY OF D iTON OWNER B Y~ I s , (SEAL) ATTEST: i GREG TROMP" 1~1Q1SC~PE IMC. CO By T e (SEAL) APPROVED AS TO FORM: j C Attorney w ' i j i CA-3 01148 y i PERFORMANCE BOND STATE OF TEXAS ) ( 1 COUNTY OF njarrfld_) ( KNOW ALL MEN BY THESE PRESENTS: That GREG THOMPSON LANDSCAPE INC. of the City of PILOT POINT County of DENTOtt , and State of TFZA.S _ as PRINCIPAL, and as SURETY, authorized under the laws of i i the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWM, in the penal suet of PIETY EIGHT THOUSAND THREE H[11{DRED SIM TWO AND 92/100---- Dollars (958,362.92 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, J C successors and assigns, jointly and severally, by these presents: k WHEREAS, the Principal has entered into a certain written contract with the 011VIIt, dated the 2 aay of APRIL 19 91, for the construction of AM g 1236 - HICFYAY MO JUL °r t~j=Mt of $58,362.92. which contract is hereby referred to and made a dpart hereof as fully ana to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 r-.--~_ 1 i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as aoeaded by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this 1 bond shall be determined in accordance with the provisions of said Article to the l same extent as if it were copied at length herein. 1 PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in _Dg;;nn - County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition t he tems of or h drawings contract, accompanying to the work performed thereunder, or the plans, specifications, the same, shall is anywise affect its obligation on this bond, and it does hereby be performed the eunder,or addition to the the contract, or to the,we k extension tetras of notice a IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2nd day of April ' r GreZ Thompson landscape, Inc. Universal Surety Principal Surety By Title Attomev In Fact ~ Title L~S1QLtvt 141 ctr;ttmatter Address 1812 Durham Address I it Poirt TnYac 76158 77007 k f (SEAL) (SELL) The name and address of the Resident Agent of Surety is: R3mey_ King f, Minnis, 707 First State Bank Bldg., Denton, Texas 76201 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b I .1 PAY1tENT BOND STATE OF TEXAS X COUNTY OF nLaM MOW ALL KEN BY THESE PRESENTS: That GREG THOKPSON LARDSCAPE INC. of the City of PILOT POINT County of D y , and State of TEXAS , as principal, and i Universal Surety authorized under the lava of the State of Texas to act as surety on bonds for ! principals, are held and firmly hound unto THE CITY OF DIIiTON , OWNER, in the penal sum of FIFTY EIGHT TSODSAND TMME RUMM D SIXTY TWO AND 9211 Dollars 0 58,362.92 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the _ 2 day of APRIL , 19 91 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or it subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain iu full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 I P t Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this2nd day of April 1991 Greg Thompson Landscape, Inc. Universal Surety ~ Principal rety i WAAAAA By l Title Title Attnrnp4 Tn gaCr I Address 744 Strittmatter Address 1812 Lhrrham E Pilot Point. Texas 76258 Houston. Texas 77007 S (SEAL) (SEAL) j 1 r The name and address of the Eesident Agent of Surety is: 3 s E ~ Ramey King & Minnis, 707 First State Bank Bldg., Denton, Tx. 76201 Y 1 PB-4 0092b L Y , - 1 MAINTENANCE BOND STATE OF TEXAS 1 comm OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT GREG THOMPSON ~N29MR_ INC, as Principal, and . . a Corporation aut orized to do usineas in the State of Texas, as urety, do ereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the SUM of FIW..T ODSAND EIS Dollars of TRIM SIA , the tote amount of a contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and aasaigas, jointly and 1 severally. i This obligation is conditioned, however, that: I WHEREAS, said l has this day entered into a written contract wit t ;L941115 Denton to build 1 and construct BID #1236 - HIG8wAY 38o IRRIGATION w contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling tbat may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said ' improvements it is agreed that the City may do said work in accordance with said contract and supply sucb materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NE- l 0093b i R \ 1 NOW, THEREFORE, if the said Contractor shall perform its 1 agreement to maintain said construction and keep same in repair for the maintenance 1 period of one (1) year, as herein and said contract provided, then these presents 1 shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one againat the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WIIMESS WHEREOF the said Greg Thompson Landscaping, Inc. ~ as Contractor and P'rincipal,- s causet these presents to executed by Greg Thompson Landscaping. Inc. and the said Universal Surety as surety, has caused these presents to be executed by its Attorney-in-Fact Randall L. Minnis and the said Attorney-in-Fact has hereunto set - E as _ 2nd day of ri , 19 91 SURETY: PRINCIPAL: Univer 1 Su t Greg Thompson Landscape, Inc. BY: I Attorney-in-Fact 3 i i NB-2 0093b I UNIVERSAL SURETY OF AMERICA 1812 Durham, Houston, exas 77007 \ Boat No. 698-1062 For verirkatim of die uashxity of this power you may ielepbmie (713) 863-nU. GENERAL POWER OF ATTORNEY - CIRYD ED COPY Know Ad Hen by There Prerrnrr, Tbm M VERSAL SURETY QF AMERICA, a arpordim daly organiw end existims ruder the Owe of be Srae of Texts, and lraviyt its Wirwipal offxe in Hoastm Texas, does by dttsc pccmrits make, constitute and appoint i Randall L. NUeaL i4 true wed lawful AIImmy(s)-i f , with full power and aurho~ty bcreby oorArred in its none, place KA Hrad, to ex"c, admowledp and j de I iver bor4i for, i principal Gtr insrn emidaal+C Inc ~ I Oblijce C.j(yof NLtpe. T^sas Amours 5+3.3i?92 and so bind the Canpany thereby as fully and to the same extent u if solch boob were aigted by the Presidetx, sealed with the corporate sal of the Compny and duly attested by h Seactary, hereby ruifyinS and oanfitmins all OW the said Au mcy(s)-ia-Fan may do within the above stand Undwieru. Said appoi unrnt is made under mmd by &4writy of die following resolution adopted by the Bored of Dirrcion of Undyasal Svuty of America a a meeting held oo the i 1 ih day of luly.1 W. "At It Rrsohwd, that the Pnesidms, any Vice Presid" Secretary cc any Assivars SeaeGry stsall be wW is hereby vesud with fidi power and aixhority m appoint nay ale a more "bit persons as Anomey(s}in-Faa to repreceat and as for and on behalf of as Company 'RE40LVED dot the signature of any Wicer of the cosyor4oni, tad the seal of the catywarioo may be affixed or prWc4 by fsaaiimile to any power of asoa,ssy of at corporation, wW lit vAb prb ud facsirttile sigwwt AM seal shall be valid and birdies upon tba wrpontiaa' 14 wllnrrs WA0044 Unlversa] Surety of Aeserics boa auud tine prnnats to be shoed by its Presldeot, Joba Knox, Jr. and its corporate sal lo be berew &MxW ibis _ 15th_- day of October A.D., 19 90 L'NIVERSALSURrfY OFAMF-RIGA Byt state of Texan Presldew County of Harris Oa U& 15sh day or October In the year 90 , before tae Weedy W. Stuckey o tsotari pubIIS PeaPpwod Jora Kw& Jr, pawsally known to see to be the person wbo execoled the whbla lastrumtstt u Praddest, oa behalf of the ewpara- r t{os thanes named sad ackaow1wig4d to we that the corporation exomted IL ,wsr 46 Notary PUNIC 1, the tmdersigwd &1c1C1cy of Universal Surety of Amt:ieu heraby urtify lw the alwve &4 faetoiny is a full, aw and confect Copy of the MOW Power of Altaaey isa and by said Company, tad do hueby homier certify that the said Power of Attomey is still in fo:cc and effectCfVEN w*r my hwid and the seal of said Company, at lfousiom, Texas, this , 2nd day of --Apr i l T, 1991-. Secretary s• 1LiJ VKNii I.L ill LV 1C1 VL'1 RL~(UlAL~'I GLilJ INSURANCE: \9 Without limiting any of the -other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered ~ and accepted by the city of Denton, Owner, the minimum insurance coverage as indicated hereinafter. ' Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of- the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. . To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The ! Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. I The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory 11. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: 0 A combined single limit of $500.000.00 . Ill. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 I 1 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, ~l explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $5000•DO POL IV. OWNER'S P sh 11TIprovide Bcoverage N forANthe Owner Y sand This for its insurance ton, employees, in the name of the City of out D Denthe work liability that may be imposed arising the Contractor. This also includes being pecfocAed by liability arising out of the omissions or supervisory act thi insurance s rictly for -the of the Oolere Although thesContracto[ its sresponsible for the ownerl benefit obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500 000.00 i J INSURANCE SUMMARY: hazards The Contract shall provide insurance to cover operating ~ the period of placing, the facility in operation and during and during testing, and until such by time the9Owthe nec fandliwrittenr notice completed d that accepted for operation by Proval of the insurance by fact has been issued by the Ownere AP a the eas the owner shall not in any way relieve or yCunderstoodlthatlthe It is expresslly specified limits of of the Contractor herewayrrepresent th adequate at the owner does not in any olicy forms are sufficient oc liability or coverage oc p f the to protect the interest of liabilities a o certificate acofr•insurance Again, the Owner shall be given that all of the above policies and the appropriate leastf thi tysh(30) days indicate indicating days written ate limits ace indeed enforce. The ten a so that the Owner will be gnon.renewal. or material c e he notice of cancellation, All responsibility fog payment required insurance covarag• corridor or any sues resulting from any deductible pgovi!sions, lacy or policies shall self-insured retention conditions of the policy remain with the Contractor. The Contractor shall not begin any directly in writing. work until the owner has reviewed and aQpcobee $ubthe jecti to such certificates and so notified the Contractor Any notice thepOwnera that is issued steal approval by CI - 2 1 Name and Address of Agency City of Denton Reference' Ramey King & Minnis Project Name: Highway z80 Irrigation \ 707 First .1;tatp. Rank Bldg. Project No: gyj k'~a_if, Denton, Tx. 76201 Phone 817-382-9691 Project Location: Managing Dept: Nave and Address of Insured: Con-vies Affording Coverage: Greg Thompson Landscape, Inc. A Commercial Union 144 Strittmatter 9 Pilot Point, Tx. 76258 phom All-flyt-7M1 C i This is to certify that; 1) Policies of insurance listed below haw Dean issued and are In fora at this tiem. 2) The City of Denton Is listed as an additional Insured as to all applicable coverage. Expiration Limits of Liability _eny TM of Insurance Pali Nuber Date in Thwaands (0001 A Comprehensive General Liability BA'DCU100 4/16/92 Occurrence X Occurrence 8od(ly injury $ - Claims We (see 044age C14) road Form to include: Property Damage $ Premises/Operations ' X Independent Conlractnrs and Property x Products/Completed Operations Bodily ~ Injury Cf & I X. Personal I O njury x- Contractual Liabi(ity(see e3-?age CI-4) X Explosion and Collapse Hazard General Aggregate $500 J )L Underground Hazard Products Liquor Liability Coverage Aggregate $500 k fire Legal Liability (see 05-Page C14) Personal E Advertising $5,04 J X Broad Form Property Dammge Each Occurrence $500 Professional Errors/Omissions I f - occurrence - claims made (see 04-Page CI4) i - Cosvmhm Ive AntonobIIa Bodily in ury/Person S00 A BINDGU100 4/16/92 Liability Bodily laiury/ftcident 500 X owned/Leased Automobiles owty BMW )1-_NOn-owned AatomobiIts 1 ryi ray = Hired Automobiles Bodily 1Cnomb Worters' Coepenation and Statutory Momt Employers' Liability &cc A X Owners' Protectlve Liability BINDING 4/16/92 $500 Other Insurance Descriptiom of Operations/Locatlons/Yehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change In coverage. (See 02, Page C14). Nan and address of Certificate Holder. A ri 16 1991 _ - ~ E"i351IED CITY OF DENTON, TEXAS PURCHASING AGENT N 901-8 TEXAS ST. OEN10N, IEJUIS 16201 SEE OEFIN11MRS ON PACE: Cl 4 ATIA011J. h I 1 DEFINI'r10Ns of Denton, its elected doand es The City and employees. (This ADUI'PIONAL INSURED. officers 1• officials, appointed ,s Compensation.) not apply to worker shall require that' Each policy non-renewal, or 2• NOT ICE OF CANCELLATION: the cancellatce thereof shall be ' thirty (30) days PrIOC coverage, a notiIf the policy is any material change i certified mail. only ten (10) days given to owner by of premium cancelled for non-payment cequiced• written notice to owner is ssumed by contract or COVERAGE: (Liability a ist ) The contractual 3. CONTRACTURA and would rot otherwise exreverse side Gof thiS eneral areements arequirement shown on the Comprehensive of insurance under of coverage broad Certificate a definition by the must include for obligation-: asstu+'ed Liab111tY► This certificate of enough to provide covecaga ovecning contract. the referenced contract-he 9 contractoc'in rovided as cequired by a will Insurance is P uiced period of coverag Ro 'q formula: Continuous 4, CLAIMS MADE P041 by F/,the following lus one year (to be determillethe life of the contraeLiodl, and a extended covecage for the warranty of five (5) y ovide ears+hich pr coverage for riod for a minimum eciod. ii p scovecy e . at the end of the warranty shall beg all contracts that LIABILITY: (Required in alter2tion of LEGAL construction or is to cover S. FIRE the occupancy, ilities) insurance t involve applicable) and Permane❑t City-owned c[ leased fac to property damage to contents (where buildings, went with respect such damage is installed equip of Structures if operations of structures or Portions and due to a minimum of caused by the peril of fi liability is to be the contractor. Limit #500,400• include all authorities, shall artmentst and tern owner d;visions, deP ees► 6, OWNER- The commissions, emPland/or boards, bureaus,owners, and individual mcagacities, offices of the thereof in their official and agents of the owner. while acting on behalf CI - 4 1 l ~ - ~ ` ~ fir- - , -DURCH"WQ DEPMTMENT ID INVITATION City of Denton 901.8 Taxes St CITY OF DfHTON, TEl(AS Denton, Taxes 76201 pate MARCH 15, 1991 BID NUMBER 1236 7O D BID TITLE HIGHWAY 380 PROJECT IRRIGATION ...sled Did proposals will be received unlit 2,00 P.m. 3-19=91 at the otllu Of tna Purchasing Agent, 901.8 Texas St„ Denton. Texas 76201 ADDENDUM I Pcr addAional infofmatlon contact PURCHASING DEPARTMENT 9019 Texas Street Denton, Texas 76201 D(W Metro 917.3 817.363-7100 8 4 7.267-004 2 ~ I ~ INSTRUCTIlONS TO BIDDERS 1. SeeiW bpd proposals must be received in duplkata. an this form, prior to openln9 date and lime to be considered. Late proposals WWI be returned unoPenb + 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outsidb of compietefy I ivered to the Purchasing Department. City of Denton, 901 •B Texas St.. Denton, TX eeeMd snvsfope, and mailed or del 76201 tted ankle devlaling from the specifications must be ldantilied and have lull dil lptiw► data accOmParTYW9 3. Any vAn-I spume, or It. pair) flat be 00111 Bred. 4. iw materials are to be quoted FOB Denton, Texas. delivered to the floor of the warehouse. this as tott rherws 1~. ~ 0. The CRY of Dtt AW Tax" resewes the right to accept separate items in a bid txtiess bW. 6. In ease of MWAt after bid WO409nce, the City of Denton, Texas may aut Option told the accepted bid" or contradw WA for arty and aft resultant ktcressa l costs as a penalty lor 7, The CRY of Denton serve the right to rood any and all bids, to waive au informalities and require that submitted bins attar opening or until award is made; whichever comes first. rerttsMt in fora W a slaty 00 day period T 0. The quantities shown maybe approximate and couid vary arcordrng to thu rep r remems cal the City of Denton throughout the contract period. 1f. The Mans are to be frIcad s"It reel IP&Gke9i^9 Of st Wng quantities will be considered.) f0. The pyrd"ng pe0ar nWI assumes responsibility for the conaclness cab clailty, of this bid, and an information artily queetbna pertaining to this b4 "a lie directed to the Oily of Denton Purr:rl"N AWL 11. Any altempi to rtegOtfate or give informalfon on the contents of this bld with the C41Y of Benton Of its rep(esentativ" prior to alewd shah be Bounds for disgwlilkaliona. and terms of title bid win be considered vvw evaluating for award. 12 The rxndH►orts yy The M of Denton to exsmp l from an sales and exclss taxes. Wliclr 20.04-B) i r~ 7 , 1 l w_- U.S. 380 IRRIGATION PROJECT j LUMP SUM SID PER SPECIFI`.TION Item Quantity Description of Item Tocai Humber & Unit _ and Uni& Price Amou 1. S,300 LF 2" approved P.V.C. Class 200 ' solvent weld pipe, furnished and including fittings f installed complete in place, per linear foot: O H Dollars and u a Cents 1.13 ) _ 2. 2,200 LF 1 1/2" approved P.V.C. Class 200 solvent weld pipe, furnished and installed including fittings, complete in place, per linear foot: Dollars and Cents (4 ) ; , d0 3. 2,000 LF 1" approved P.V.C. Class 200 solvent weld pipe, furnished and installed including fittings, , complete in place, per linear foot: Dollars and G_ Cents 0.$Q ) = f ~.~Q 4. 13,600 LF 3/4" approved P.V.C. class 200 solvent weld pipe, furnished and installed including fittings, complete in place, per linear foot: Dollars anktfl24 VtCents (f 0.15 ) $ S. 61 EA 2" electric control valves furnished and installed, complete Aaaeu~~n 1 in lace,.pwe[r each: l Dollars and Cents MOO P - 3 L - 7 r ` t--- -ter r Description of Item Total Item 4Ua-6 t and unit _Pcice Amount ~tuaber 66 CA Sm plastic valve box furnished 6' and installed, complete in place. per each: yF.~~CTT~ Dollars and cents (S 11.00 ) s Z_ 2.00 7, 66 EA 8" plastic valve box furnished 103LRt~ and installed, complete in ~F l'(tx~NomuiL (a- place, per each: 1V 1AVT 1MtwaQ, tt( I Dollars E , r and Cents S w 7 EA 2' brass atmospheric vacuum breaker, furnished and installed, , complete in place, per each: [ Dollars ~Q~ Cents 42.00 ) s-GI-~-L~Y-- mad i 9. 9 EA brass gate valve, furnished and installed, complete in place, per each: tr i~f _Dollars and - Cents 50.00 ) 10• 7 LA 8 station, battery powered, electric controller, furnished T and installed, including base, pedestal, conduit, and mounts. complete in place, per each: W. + 1f11f,1u1~~p Lt`Db l l a c e ° L M 11 and Cents (f 1114.00) s 11. 6,500 LF 14 gauge, color coded, electric control wire, furnished and installed. complete in place, per linear toot: Dollars andE1M cents (S 4,11 ) $ ' 00 P - 4 Item Quantity Description of Item Nuaber -lit and Unit Price Total Amount 12 S,000 LP 12 gauge, color coded, electric control wire, furnished and installel, complete in place, per linear fool: p Dollars and C Cents Q ) _ O 13. 8.600 L!' 10 gauge, color coded, electric control wire, ` I furnished and installed, complete in place, per linear foot: Dollars 40 and 6020 (S 0 2'( ) $ 3 00 14' 83 EA Quarter circle, pop up sprinkler head, including lead pipe, furnished and installed, complete in place, par each: SL Dollars and t• A1Wcants (f 1.2 0 ) i 3 . 2 15. 838 EA Half circle, pop up sprinkler mead. including lead pipe, furnished and installed, complete in place, per each: ' ~LTj L~,A Dollars andl~ICNki4~ents (s f~•2~ ) 16. 23 8A Three quarter circle, pop up sprinkler head including lead pipe, furnished and installed, complete in place, per each: ~L BEN -Dollars and vicents (s iIKS q, q 4 ` P - S I \ Item Quantity Description of Item Total i Nub b Unit and Unit Price Amount i 17. 495 EA Full circle, pop up sprinkler head, including lead pipe, furnished and installed, complete in place, per each: k uuT'N Dollars and Jcents (s l~. Z$ ) $55 18. 5 EA 2" brass gate valves, furnished i and installed, complete in place, per each: ~1f _Dollars and Cents ($50.00 ) s 0 TOTAL BID (Items 1 through 18) ~Z I t ADDITIVE ALTERNATIVE Al 1,200 LF binstalled, complete and case, furnished and place, per linear foot: xp 3t~ Dollars , t and Cents (s ) $ i ~ TOTAL BID INCLUDING ADDITIVE ALTERNATIVE $ The bidder hereby agrees to commence work under this contract within ten days after the date of the written "Notice of Proceed," and to fully complete the work within forty (40) working days after the date of the "Notice of Proceed." Bidder further agrees to pay as liquidated damages, the sum of $25 for each consecutive calendar day thereafter as provided in the General Conditions. Bidder acknowledges receipt of the following addendum: At~~&y~UM 1'~~x~5 S +l0 P - 6 4 J rl ntu IYJMISCM 1[Jb r+l v n i I w C %0vnr.-d Nage 1 of 2 A2DEND!?F1 I. 5. 20 electric control valves, valve rate to 150 PSI., DC, latching solenoid rated to 80 PSI. Standard voltage a 24 YDC pulsed, 24 milliseconds all components compatible with 1BOC-8 station battery oparated controller's, furnished and installed, complete in place, per each: and Cents ( Q (7k,00 ) t 11¢ILYI !1!~_ i 10. 8 station, battery powered, electric controller, 14 days clock two independent programs station water time of 1-99 minutes or hours. Master valve or pump station circuit, furnished and installed, including base, pedestal, conduit, and mounts, complete in place per a no It ff~~__ II,, Q LIj,{1V~ o l l a r s and Cents (Q1~L~.0O) 4_LS 1031.DOC ; i M u&nktkV the M9 bid, the vendor We" that acceptance of any or I bid it the Oty of Denton, Tawas within a reasonnza;bam' itute a contract. "t1QL -WG ~ TYM _ 1 i. r BID SUMPARY TarAt. sta PRICE IN WORDS i4 ((:t}T ~~Int}4D NIZL~_ vii D R__Q J l x ~L10 ~ f) j I, 2e' u l$ In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond tot the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and accetance, and to labor performed and ~materials p t rnished in lthewfulfillment f of the contract. ` It is understood that the work proposed to be done shall be of with accepted, wh fully ation. an to finished the satisfaction accordance the plans and specific the I Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. I Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. k f ~ C'tOR ' sir l~'~ S~~M1TTs~. re dd es ' city did Stat seal i Authorization (it a Corporation) Telephone B - 1 J S ~ a:~~ troap:os LaaascaPa s~o 114 S:rittmatter ad. Pilot Poiat Tons 76851 a , ti w • . i March 19, 1991 Purchasing Department City of Denton 901 B Texas Street Denton, Texas Re: Swy.380 Project Irrigation j j To whom it may concern: Bid Number 1236 from Greg Thompson Landscape Inc. can be reduced by $1750.00 should the bonding requirements not be necessary for the contractor. I Sincer/ y, 3 Gr Thomp on i i 1 f TRAFFIC CONSULTANTS, INC. Ai FEB I ) 1991 J TRANSPORTATION PLANNERS February 11, 1991 Mr. Rick Svehla Deputy City Manager City of Denton Municipal Building + Denton, Texas 76201 j Re: March 26, 1991, SDHPT Commission Presentation Letter Proposal/Contract ` Dear Mr. Svehla: f As a result of our meetings and my conversations with the State Department of Highways and Public Transportation staff, I have developed a Scope of Work for Traffic Consultants, Inc., to provide professional services to the City of Denton. These services are limited to assisting the City and its delegation at the March 26, 1991, Commission meeting. Specifically, Traffic Consultants, Inc., would: Task 1 - Work with the City of Denton to develop the strategy and formulate I the delegation's request of the Highway Commission. j t Task 2 - In conjunction with DeShazo, Starek and Tang, prepare necessary technical data and briefing materials for District-18, the Administration and Commission members. s Task 3 - Meet with District-18 and Administration staff to review technical brief and secure stiff support and approval of the City's request. Brief Commission members as necessary. Task 4 - Coordinate Commission presentation, including preparation of agenda, draft resolutions and letters of support, speaker's outlines and/or speeches, Commission handouts and other presentation materials. These tasks would be conducted on a time and material basis, using the attached Basis For Compensation. We would propose a guaranteed maximum not to exceed $5,000.00, not including any costs passed through by DeShazo, Starek and Tang. 700 Wm L100• Aim, T[w 71701 5124741097• rAx. S1L,iH591 w s 1 1 Letter Proposal/Contract Page 2 Should you find t 'proosal and conditions acceptable, please execute and return one copy' of this letter pr tpo Traffic Coasultants, Inc. 1 J 5 #J. Inc. City of Denton i } r i i ~ 3 ~ l } ~\1 V 1 BASIS OF COMPENSATION A. The basis of compensation for these services shall be the direct salary cost per Paragraph "C" below of each of the Consultant's employees engaged in production of the project per schedule below, plus a multiplier of one-point-three (13) for fringe benefits and overhead. This product will be multiplied by one-point-one-five (1.15) to account for a fifteen percent (15%) profit. These multiplier: include all costs of j accounting and other staff not directly involved in project production. B. Direct non-labor expenses include service of subcontractors, special consultants such as printers or artists (if authorized by Owner in writing), computer charges, reproduction and delivery charges, telegraph and telephone toll charges, bid , advertising charges, and travel costs for trips between Austin and other cities by principals and staff when required for the proper execution of the work. These expenses will be billed at cost plus 15% for handling. 1. Printing/reproduction 500.00 2. Materials 250.00 3. DeShazo, Starek & Tang To be determined Total Expenses $750.00 C. Hourly fee schedule 1. Principal $50.00 2. Senior Associate $24.65 3. Associate $19.23 4. Technician $14.42 5. Drafting $ 9.00 6. Clerical $ 8.00 I 1 ,r . - T-f t 1w- r 7 T CONTRACT AGREEMENT i STATE OF TEXAS COUNTY OF ncNJW - 1 THIS AGREEMENT, made and entered into this 1st day of OCTOB THE CITY OF DEHION ~ A.D., 1990 , by and between ON and State of Texas, acting through of the County of DENT Y. llARRELL thereunto duly authorized so to do, ~ 11ENRY MITCHELL DBP. Y hereinafter termed 'OWNER, and JANITOR SERYICE 1100 OAR TREE DRIVE DENTON TEXAS 76201 1 County of DEag of the City of DENTON and State of TFeAt , hereinafter termed 'C+ONTRACTOR•' a ents and WITNESSETH: That for and in consideration of thNER,~and under Agreements hereinaf ter mentioned, to be made and performed by bonds bearing even date herewith, CONTRACTOR to the a ence and cowPlete Performance of the work COMM the agrees conditions expressed OWNER in hereby specified below: Y $57,761.00 PER YEAR. 1 and all extra work in connection therewith, under the ter" as staled in the General Conditions of the agreement; and at his (or their) own Proper cost and tools, and services expense to furnish all materials, sandlrotheracacceesol[iesui equipment, superintendence, labor, insurance, in accordance with the r to complete the work specified a~a/attached hereto, and in al accordance and prices :4tated in the proposal A r Instructions to accordance with all the General Conditions of the 9 hereto, and in Conditions the Notice to Bidders (Advertisement for Bids )P --and"Faynen:--Bonds' all attached Biddersr g41-he -Performance lats, blueprinte, and accordance with the plans, which includes all paps, p CA-1 0114s I 1 other. 'drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared byBgUcE ucN,NGToN_ srfp NTF.Ni)FNT OF BUILDING OPERATIONS ' all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and 1 Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholdings social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employes of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and holb harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any r error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such i claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date ' established for the start of work as set forth in written notice to cow;ance work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract* cA-2 01148 1 . IN WITNESS WHEREOF the parties of these presents have executed this ' agreement in the year and day first above written. ATTEST: CITY OF DIM ON TEXAS OWNER LL D V. IIARRELL (SEAL) II ATTEST? 1 NTRACTO I Sy f Title _ (SEAL) j APPRO,VED'AS TO F1_ Ci Etorney CA-3 01148 ` i 7' f 1 BID NUMBER SPECIFICATIONS Page 11 of 21 \ 1144 Purchasing Department City of Denton, Texas CLEANING AGREEMENTS (cont'd) ` D. QUALITY ASSURANCE r 1. The Contractor will complete a weekly, monthly, quarterly, and annual job assignment r schedule before beginning the contract. Schedule form will be pro%ided by the City. 2. The Contractor will provide a nightly supervisor's report to the operation superin- tendent each day. 3. The contract will provide monthly evaluation forms. These forms (evaluations) will be placed on customer desk, completed by the customer, and sent directly to the Building Operations Division. 4. The Contractor should be aware that the quality of cleaning will be evaluated (at least monthly) by several City employees. This evaluation will be sent to the i Contractor and a City Director through the Operations Division. BONDS/INSURANCE/TAXES A. BONDS Each bid must be accompanied by a cashier's check, certified check or acceptable bidders + bond payable without recourse to the City of Denton, Texas in an amount not less than five (5Z) percent of the bid submitted as a guarantee that the bidder will enter into a contract and execute any required performance bond, payment bond, and/or insurance certificate and owner's protection policy within fifteen (15) days after the notification I of the award of the contract to the bidder. The Contractor covers all employees connected with the maintenance of the facilities I being serviced with a blanket fidelity bond in the amount of $2500./employee B. INSURANCE The successful bidder will agree to the minimum insurance requirements as shown below and promptly furnish the certificate of insurance upon request. Higher amounts may be required after bids are received. 1. Workman's Compensation--Statutory Requirements 2. Comprehensive/General Liability a. Bodily Injury $300,000 b. Property Damage $100,000 3. Comprehensive/Auto Liability a. Bodily Injury $250,000 b. Property Damage $100,000 C. TAXES 1. The Contractor shall make all necessary required federal, state, and local reports, records, and payments in connection with social security, unemployment insurance, and other charges and taxes. 2. The Contractor shall withhold from payroll such amounts for insurance and taxes as may be required by federal, state, or local governments with respect to all persons employed by the successful bidder in connection with the maintenance and operation of the facility. 1 Pape 21 of 21 BID NUMBER BID PROPOSALS 901.5 Texas S1. j City a1 Denton, Texas 1140. Purcha0p Depertment Denton. Tau 76201 AMOUNT DESCRIPTION OUAN. PRICE ITEM NOTE: This contract will begin on or about October 1. 1990 through September 30, 1991, with a one (1) year extension under the same terms, conditions, price, etc., if agreeable with both parties. 12 mos. 1. CITY BA-..L (M T W Th Sun) After 10,00 p.m. _ 2. POLICE CENTER (H T W Th F S S) Hours Set By Police Chief 12 mos. $ Between 8:00 a.m. b 4:00 p.m. r 6:00 l2 mos. 3 ' rr) ! g, MARTIN LUTHER R.OJN• ThEF)) After 4CENTER 0 p.m. W (Sunday) 6:00 a.m..(T See attached check list 4. ANIMAL CONTROL (H T W Th Sun) After 6s0O p.m. I 12 Laos. 5• SERVICE CENTER (H T W Th Sun) After 6:00 p.m.; Restrooms b Purchasing (H T W Th F) Between 12-00 noon b 1:00 p.m rL 12 mos. 6. EQUIPMENT SERYICEs (H T•W Th Sun) After 4:00 p.m. 12 mos.. 0 7. TRABFIC CONTROL (H T W Th Sun) After 5-00 p.m. [2 aoa. ; 8. CITY ANNE% (H T W Th Sun) After 5:00 p.m. r9. PAPEA TOWELS/TOILET PAPER (White Bifold Towels--Roll Paper) 12 tics. NOTES Cnntact either Lee Riggs or Dean Hartley at phone + number (817)466-8505 for site inspections and site addressee. SID BOND A 51 Bid Bond or Certified Check in the amount of is enclosed with this proposal. r TOTALS days Iron recelDt of order. Terms nW30 We quols the above Cob. detlrered to Denton, Taee• S:Apnwnl can be made Ins ur,ssss cOw Mee Indtcaled, In wbmttllnp the show b1d, the vendor 67"s that acceplence of arty or aM btd Ilems by the City of Denton, Texas wltMn a OI tkne cor4 Suss a consrsca The completed Bb ProyM&I not be WW IY prloed, sWM and retwnsd. rsssonable pe~'d 4 S~ ow" nod F12, A6&04 Ott vas bp Ter. . -wvh«+x U"~~ ""'>WIiJ. 11V wwLu ) INIUItNIAIIUN PAU INS11118: "n'r£w'"r' v al 1 Ile lkcktml and IMertulaY Co nhny 17~4ii H&'ftd rnsulOca GamwaY of Wnnk nca toMr~n, no r u,l a~ fordfawanyk,,urepafrlY J 9- - I _r1 Hartford Ifulrordlucwaiw.r uyof IN MIC+rr HAIIW'ifal Fkt Unda lnrlrlfwkor4r cc m CoMpIompanyny wlnncr Ca,npjnY 1 FIa111vrd fnflrfYftl Campuly of V* Spumalu 1 a i-TI Twln Dry Fog Inrw r cl C"any 97< C3 ADORESS;FFb, ; f 4QX 9271 Dail,M t Tx 75221 eurrc r POOAo'J U~ l1~•',f fret, ur,, PrlYklua PekCyMe. I THE HARROW 1. Mlfrlel 111109d altd AtaU$><Add= I1JXRY C.tlrlU U DBA ~ (No. StreetToYm, County, Slale) SAir1; CVE JAN1rit TAI $MyEC& (e) Yhi.• 1 1100 Oak. Tree [Jr. rrldlrldwl t~ Corpararrorf Cl Penton, Tx 76201 Surds: .A Par• om" , to op~rtiir„Iri I~L'CGiYCDJANIQ..19;11 0llrffWW4litMp1ltb6wna ":VarloUt• ucatid[19'in Denton County' r , authority of ttr* St I 1 2. The Pooty Pwlod is hem - - , t • , . , I r 12:01 A Qoce ad 1114 M„ standard thne at Use ftwed's rnaN address ►r Dean edrra,•sliamlutlpnality nt c • 1, 1 liiuing Regional 011 cc 1M&* OWt.~,m Irodren I Cede Lii; I r.?13474' , - i ; or VM cN rpY ct°'c, T~ r tuff 06 !l a>tiiti: ,,.,5• , 7 A K`orMWS' 1 t t 10 Inewance: Pats One of UIa po6cY Was to Ills Wof kefs' Comp oration taw d 71e states x led here: xQxna EnMlorars, UILI1 rnra os Part Two ON geld appAee to Mk In each atale "din kern 3A t n ^ f .I.I,• ; . ~ „ l l le tlriws d alr Lga'ikY IIRda Paf l Tiro arr. Doi tl,t ~ .;I y t ~ WurYerAu+d~t s.f>W ~ ~ eecJlerlt corklWorra •tate.l 1'1 1'rrrt hey hlDbOasi+'>t:S00,L1)0 C.wStIW (1►I60tr Plr r~fir Dllf~eae'~.1IJOr 0]0~ a L11alt • r . r 1 , t Two of palic7 jppfiea b the T stale! fl p a "yy dl prep" ~I i11,'p'(.iy ,g7T~ZW1 art R1, thi I'Y•,a r I•:f '1'f• ~I~ r r~V:~i ~,.t •.~~.Il1yet y} ~ ~ j 1,` tir ~~~daDll~~'~t+el ati 1~1 ~ ~ /,.r.l 7 • , . • ' 1; 1 • 1 1 Q'r d I*n W , . r.~ I s, jr 1.~ I l~i+ Urti~► „ efsemenb anllsMdrlex~lJC42030~j'4iC?7b(m3,i1041*10 ~j 1 ' 4.) The ilieaehaq W Iwo PeAtlt 0 M det d'----- 0 t AN tal llOA T N l~b~ IS a e by as Moak M Ilrles Cli ' Ralel aW Mo IYp Plabi-~, 4 ~ Ortaa ~ /tl~jq ef~kllfarl aad ~ y - , . . . 8 Tie of 11f:1 • 1 1,1 , , ' 1 f,. 1 7 1 .r! .I, . Corse Rertdenltlaerl fllhPer T 1f OMW TotalEslbltaled :tooof r ElonlaSedAsawl Amalflomunera80p fl Priam Janitor S?riice tBX C'ou trac t - „~,.,.,1 91,139.• 12,8G~Irt.., 117720. Ivd ,t Iln.°IV ,I . .'I I• , Ir fl ,f lr•I, ly. 'In 'Lir1C: ,I Rate D1ft:reIttiel' Wit Y ask , ' 4977' ' f~11.~1 ,rtt/` IR,lllllTlT t,f1.., ,I,.1 ,,<r.. !nttetl`" , 1759. &41 IMP (2) 11 ►hrl cn:Ir/ t•, tl, r.1 t~' ' 1. ^"y vntlrnrn' nnn,.l•.•i I.i1 I .1 i1,,Ir 1 nt'p1,LC-qb1- to lflnfltrl rl,, ff.I 11, 1 r 1, 111,1 r•fY "bld. n t r . 1 114 % rlnf } Or- a lit~[p.r,., 1 of 1 1 ,111,1 PAP 11 7 w hC L~rY.,.. OPRUD, NI~f, l1 Of!+'r1•IInLI I' '•il~(T)Srt•r',1 nl'httr•.lIII„ rl i1 • , , ' , 1 'n I,i~. i. „1.. Aw- It InkFatahpn{TaalaU ID ffo,• * • , - Total E - t IAhrhnunlP[etr { r.5pp 1 A, i1' , WnutadAnna11plen*n 13 5G3.'" r " r; Aodlt Petlod: ,r>va1 OeVosA PratrnlYm Form WC 00 00 Ul A PtInled In U S.A. OMMIervoned by , PnOOLIcEn'9COPY A lhYVrdAyvii - `Fj.; ~r r_rn_frr l 1 -T is i., I ~OI.Tr,~~ f.rS i`.r i , ISSUE OAEE Ih!hVUUfrr i1-13-90 ~ I PHOOUCEA THIS CERTIFICATE IS ISSUED AS A FATTER OF INFORMATION ONLY AND CONFERS RIGHTS ND OR ALTER THECO ERAGE AFFORDED BY THET OL"S BELOW. T AMCND, EXTEND ['Kntcn insurance Center, Inc. COMPANIES AFFORDING COVERAGE P. 0. Drawer C - Dentrn, Texas 76202 LEomEAAY A Scottsdale Insurance CCr~any COMPANY B PtSUFiE0 LETEER COMPANY , White clove Janatorial Service LETTER O 1100 Oak Tree Drive Denton o Texas 76 201 LRY ` COMPANY E LETI EA TNEStSTOCERTIFYTHATP0LICIESOFt1iSL'+1.WCE LISTED BLOW HAVE B£EHI:SUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PCERIOD IER NOECA MAY NOTWETHSTANOINO ANY A~OW4E MINT, TEEM OA CONDITION OF ANY CONTF ACTOR OTHER DOCUMENT WI EH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY FERTAAL TINE INSURANCE AFFORDED BY THE POLICIES DFSMBED HEREIN IS SUMCT TO ALL THE TERMS, EXCLUSIONS, AND CON* TIONS OF SUCH POLICIES. P7E0 EF(ECIM Ff►C'1 E7DtMfXF1 ALL LIMITS IH THOUSANDS LTR TYPE Of INSURANCE F0 F;V NUMBER EMIE (*WAWM DAII P&,YCWM , ENFHAL LIABIITY UNEEVLL WXGAIE 300 O A COMMA INElIALLIAdIIn QS281187Y 11-15-90 11-15-91 mCjxcnC0M'AKACGAfSATE 0."a ova pOcamma KWA i ADRAI6WG FuurE DYUAs E (OIEg1E70i6 RuIEErn1 LAa Du M*A 300 ! M OLWa IAIR OWE NPEI 4EE%AL CIPFUS! VAT OIR PCR-%m r~ I ` AUTOMOBIE LIAMUTY ANY AUTO ALI 0M G AUTOS N MMOEi ' 1 SCNEOlAFO AUTOS r~l ` h ' HMO AUiDS NON OWNED AUI OS LWILffY IEAC4 EXCESS UABILITY .'iyy~jc Qy„q AGyga11 YOTHER THAN UMSAFLLA FORM SrAtUTORY WOR%ERS' COMPENSATION ~ OACH ACCOEIIt) A" QRUU.Io%"t iI EMPLOIERS' LIABIUTY "Ase EAa1 ENPLOiC OTHER I DESCRIPTION OF OPE RATIONS ILOCATIONSIVEHICLES 1 FEEST RICTIONS I SPECIAL ITEMS MOM SHOULD ANY OF THE ADOVE DESCNBEO POLICIES BE CANCELLED BEFORE THE EX' PIRATION DATE THEREOF, THE iSSUINO COMPANY WILL ENOEAVOR 10 City of Denton MAx 10 DAYS YYEYTTEN NOTICE TO THE U_RTIFKATE HOLDER NAMED TO THE K1rC}TaSiI1Q Department LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL W"M NO OBLIGATION OR 215 E Mcxirnley LIABILITY OF ANY XINO UPON THE COMPANY rS AGENTS OR AEPAESENTATIVES. Denton e Texas 76201 AUTHOR12EO REPRESENTATIVE Jim Watsoy r . 1 ~ p y`2 ''e^ S s o° m n❑ ❑ ❑ o g n d o e aD D mo mmm o Da a = 3. p • L m m m m 0 m ° c CA CO* Z 3: a r g. O O _ 7 rn D M -40 0 m ~ _x o c° D i> m r5 ; 0 0 m n b m m o z j 3 0 D 3 -i o t',' i -r n O O~ x R m a v1 v= o o , M M m • c i W e c 2 C fn mp m0 p Z 38 r F a ` m D z YS o o $ ~4 ZZ f y ~G~[+ Y Am cmi j D 3 a v o ~ e a m e ~4 O 0° o r. c'f r v n m 3'= C) CA r z Cc m C* n N r rn < .°m.. co m fD to 4~ C9 e u_r m O y -1 co 0 O 5 to O f71 qY m z co C p 3 N N O IS E C'An o i,~ s± 4d z [ O Z) LD .1) 4 O <D o C O m m I V2 X~ FJ c nA r O o 8 N S~ LO a 3 Q71 _ Q O r D x m kO . r c r of ri r =1 D )I rt 00 cp 0 El n T Z CL W O+d7 m Z S J Ir O Fr _ 3 C:) o 71 c Z $ 8m 3 ❑ ❑ El a] to CL W r- 4 E H c z m w O 3 0 y =3a k I I o ° 1f O $ C7 VJ Cm 7 c rM ° m o m°D sZ'~G i N Dv o o N A ~m ' c m cmiz M x Z r. < ?t0 n s'4q~q~44R~~s ``Z pm CA °m ~m p C)T a Y~ O r O m s b D 8~s 3 0z zc oo )w N o m r m )w 2. 0 L' Q S' O a to m m 0 1 7a -j IA (7 C 8 4$ A co d N C►1 ei C4 -t g o E $ Q 5~ C4 m E w N m Z e gS$3 yyy} a 25~ 25~ < SO mi 2 C I 7t7 Q t o'v 0 Y n+ D r 2 3 m < co m a3 g~ Z n S E,g El ❑ ❑ ❑ ❑ c m m n O N 1 ALLSTATE INSURANCE COMPANY O HOMEOFFICE CERTIFICATE OF INSURANCE ALLSTATE INDEMNITY COMPANY ❑ NORTHBROCK,ILUNOIS DATE OF hereby certifies that the follawingautomcbdeinsurance Ism force: CERTIFICATE _ 1124491 Policy Number 029 921 349 Name of insured Henry Cart Mitchell Address 1100 Oak Tree Drive POLICY PERIOD: This policy is effective Denton, Texas 76201 1/21/91 to 7/21/91 Description of 1982 Datsun #623027 the Automobile j For Office L use only 12:01 A.M. Standard Time r 1 The person or orga nizat ion designated below is described in the policy ar LIENHOLDER ❑ (Loss payable Clause) City Of Denton ppre•hacin0 AGENT Pill Dnranaki ADDITIONAL PRODUCER OF RECORD 817-387-6289 ❑ INTERESTED PARTY 901-B Texas S r NAMEOFBROKER Al lsiat•p TnSl7ran[`P ❑ OTMER Denton. Tvax~a 76 nl 411 W. University D D,-ntnn Tr 76717!11 COVERAGES AND LIMITS INDICATED BELOW BY AN "X" IN THE iNCLLDED COLUMN ISAFFORDEO FOR ABOVE DESONSED VEHICLE: LIMITS OF iNCLUQEO COVERAGES LIMITS OF COVERAGES LIABILITY LIABILITY INCLUDED I A/AA BODILY INJURY LIABILITY IllPerson S 250, ,000 PERSONAL INJURY ❑ Each Occurrence $ 500, ,000 VA PROTECTION 000 BIBS PROPERTY DAMAGELIAB11TY ® SUPPLEMENTAL Eath Occurrence S 100 'In STATUTORY COVERAGE 1000 ❑ D/DD AUTOMOBILE COLLISION A.C.Vloss - Uninsured Bf ❑ C Dlm. Dad. ❑ SS Underinsured Motorists R CAO'VRR AUTOMOBILE COMPREHENSIVE O &C.V. less ❑ PO ,000 ❑ ❑ The Lose Payable Clouse of such policy provldee: The Additlone l Misreat Endorsement Of such porrcy, IM 0a"t providaa: "The eompanyreserves" riC Ito cancer such polky al any tknr as provided %suchinsurance as Is afforded by the policy" for aulomoblle liablht :nsurance 11ltsterms, WinouchcaXtcompanyshagnotifytheLlenhalder*him not Bated..JVereorapplleea!folotrNpersonas anlxat+onnamedas yy less than ion days lhefeaffev such cancellation shall be erfoc NveJs to the V ACdenmd rl Interest ofsald Llenholdw therein and the company shall have the rf ht, onllke Inbrtsted Puly "All rrspecla fuch,..lnleresl no cancenation...end no ndor notke,locancHthifagreemenL' p semenl.adreraeysflectinpeucha3dltlanatlnterest,MdlbeeffecUveuntlf ten j1 days folrew lop the msilinp of rrriflen notke (to the person or org~nl=a. This Cerliflcete of Insurance neitlier affirmatively nor negatively amends, exte ds ffof suchcol alters the Clovis~g~laordedtby the policy relerred to above. r U1877.7 PRiNTED IN U.S.A. I 1 21821, l THE STATE OF TEXAS S AGREEMENT BETWEEN CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS COUNTY OF DENTON S (ASSOCIATION) i 1 I This Agreement, made and entered this day of 1990, by and between the City of Denton, a municipal corporation, hereinafter referred to as "CITY' and U.N.T. Baseball, hereinafter referred to as 'ASSOCIATION'. WITNCSSETH: WHEREAS, the CITY owns certain athletic fields located at Mack Park, in Denton, Denton County, Texas; WHEREAS, the ASSOCIATION desires to use the athletic fields/ i facilities located at Mack Park, for the purpose of playing Men's Baseball games and conducting practices) and WHEREAS, the CITY is willing to grant such privilege and right to ASSOCIATION to utilize the athletic fields, facilities located at Mack Park, under the terms and conditions hereinafter stated to be kept and performed by and between the parties; NOW, THEREFORE, in consideration of the mutual undertakings, agreements and covenants hereinafter set forth, the parties hereto agree as follow: I. CITY hereby grants unto the ASSOCIATION the nonexclusive right and privilege to use athletic fields at Mack Park, public parks within the City of Denton, for the uue of games and practices commencing September 6, 1990, and ending on May 1, 1991, in accordance with the schedule of games and practices, a copy of which is included as Exhibit 'A', attached and made a part hereof. II. The parties agree that ASSOCIATION shall be deemed to be an independent operator and not an agent or employee of the CITY with respect to its acts or omissions hereunder. , Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which hereafter may arise upon the premises, any and all such defects being expressly waived by ASSOCIATION. It is expressly understood and agreed that the CITY shall not be liable or responsible .or the negligence of ASSOCIATION, its agents, representatives, patrons, participants, employees and visitors. ASSOCIATION further agrees that it shall at all times exercise reasonable precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. PROVIDED FURTHER, ASSOCIATION and CITY each agree to give the other prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CITY or ASSOCIATION. j III. MISCELLANEOUS 1. In the event any condition or provision contained herein ! is held to be invalid by a court of competent jurisdiction, the invalidity of any such provision or condition shall in no way affect any other condition or provision. 2. Notices: Whenever notice is required to be made under this Agreement, such notice shall be written enclosed in an envelope with sufficient postage, or hand delivered to and deposited in the U.S. mail to the following addresses: CITY OF DENTON ASSOCIATION ATTN: Paul Leslie ATTN: Phillip Diebel, Vice-President 215 East McKinney for Fiscal Affairs Denton, Texas 76201 University of North Texas F. 0. Sox 13857 Denton, Tex°s 76203 Or to other such addresses as the parties may designate to each other in writing. 3. Definition of ASSOCIATION: ASSOCIATION shall mean all employees, representatives, agents, volunteers, participants and visitors of the University of North Texas. PAGE 2 1 4. In the event of :lispute as to the terms, obligations or conditions of this agreement, the parties agree that venue for all suits, whether in law or equity, shall be instituted and maintained in Denton, Denton County, Texas. 5. Although this agreement has been drawn by the City, in the 1 event that a term or provision is found to be ar,biguous the parties agree that this agreement shall be interpreted fairly and reasonably and not be construed more favorably for either party. 6. The officer of the Association who executes this agreement represents and covenants that he is duly au horized to ~e same on ~Jbehalf of f+ Association, 0 1 P ~TjkCl\E•~ ~2AE~/~ l IS k b.AJ,V-1 I I bT TGt: j IeCE r , N WITNESS WHEREOF, the parties on this da e 19900 hereto have caused this instrument to a execute3-T n duplicate. CITY OF DENTON UNIVERSI OF NORTH TE% i Ml C BY: Y: STEVE NKMAN, DIRECI`Ok P LLIP DIESEL, CE-PRESIDENT PARKS & RECREATION FOR FISCAL AFFAIRS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTOPNEY B Y : &AA, PAGE 3 THE STATE OF TEXAS S COUNTY OF DENTON S ; On this l 19A before me, the under- ay of~ t~~ neared Steve Brinkman, signca Notary Public, perso ally appeared personally known ;o me to be the person who executed the within instrument as the Director of Parks S Recreation of the City of Denton, Texas, oil behalf of the municipal Corporation therein named and acknowledged to me that the corporation executed it. d official seal. { aQMEAf ~ WliLWB i • ftAT~T~pU! ~G~-CD/ ~ 1~t0ewnb/~i~tll,fMO .O.T pUSLIC STATE OF TEXAS My Commission expires: I THE STATE OF TEXAS S COUNTY OF DENTON S !Ir4 On this a a y Of , '3`~'MJ before me, the under- signed Notary Public pers a ly appeared Phillip Diebel, personally known to me to be the person who executed the within instrument as Vice-President for Fiscal Affairs of the University to mentra behalf of the Asciation t he Association executedtitrein named and of North arknowledg dTexas, WITNESS my hand and official seal. n I , TAAB J My Commission expires: a-t I - PAGE 4 1 r i tSl 1,\1111 NORTH TEXAS BASEBALL SCHEDULE FALL 1990 1 SITE TIME DATE TEAM DAY IRVING 1PM 9/15 NORTHLAKE OR. COLLEGE DENTON SAT 5PM 9/19 BROOKHAVEN JR. COLLEGE DENT014 WED 9/26 COLLIN COUNTY COLLEGE CORSICANA WED 4PM 9/29 NAVARRO JR. COLLEGE DENTON SAT 1PH PAUL QUINN DENTON ED 5PM 19/10 W 10/13 CGLLIN COUNTY COLLEGE DENTON SAT 1PM 10/17 NORTHWOOD J.V. DENTON WED 45PM PM 10/24 CEDAR VALLEY JR. COLLEGE WED HEAD COACH: R~cU' 1. SIEL PHONE NUMBE!: (817) 566-1549 I ASST. COACH: SCOTT ALREAD ASST COACH: RENE RAMIREZ RECREATIONAL SPORTS ' PHONE NUMBER: (817) 565-2275 PARKEAGLES- IGREENST• i y 1 R i i i 1 i NORTH TEXAS BASEBALL SCHEDULE SPRING 1991 SITE DAY TIME DATE 'EAM ~ FRI 1PM 2/8 NORTHLAKE JR. C'JLLEGE IRVING SUN 1PM 2/10 TARLETON ST. UNIV J.V. STEPHENVILLE WED 1PM 2/13 HROOKHA -BCOLLEGE CARROLLTON SAT IPM 2/16 MAP.Y HARDI RDINAYLOR BECTON ANA SUN IPM 2/17 NAVARRO JR. COLLEGE C DORSICESK FRI IPM 2/22 PARIS JR. COLLEGE DDENTON ENTON SUN IPM 2/24 RANGER JR. COLLEGE J.V. JACKSONVILLE WED 4PM 2/27 LON MORRIS PARIS PARIS JR. COLLEGE DENTON SAT 4PM 3/2 TUE 4PM 3/5 PAUL QUINN CEDAR HILL TUB 2PM 3/19 NORTHWOOD J.V. DENTON i FRI 5PM 3/22 CENTRAL ST. UNIV DENTON SUN 12PM 3/24 LON MORRIS DENTON , WED 4PM 3/27 TARLETON ST. UNIV J.V. DENTON TUE 5PM 4/2 JARVIS CHRISTIAN STEPHENViLLE SUN 1PM 4/7 TARLETON ST. UNIV J.V. WED 5PM 4/10 BROOKHAVEN JR. COLLEGE J.V. DDENTON ALLAS SUN IPM 4/14 PAUL QUINN ; SAT 1PM 4/20 RANGER JR. COLLEGE J.V. RANGER MON 5PM 4/22 NAVARRO JR. COLLEGE DENTON r ALL GAMES ARE 7 INNING DOUBLE HEADERS HEAD COACH: BRUCE SIEGEL HOME PHONE: (817) 566-1549 OFFICE PHONE: (817) 565-2275 ASST COACHES: SCOTT ALREAD RENE RAMIREZ RECREATIONAL SPORTS: S06EJ ROBINSON Z HOME GAMES PLAYED AT MACK PARK ON MCKINNEY STREET Addendum to Agreement Between city of Denton and University of North Texas This addendum is hereby ade betwee the above referenced parties 1 for the contract dated - ~for the use of i Mack Park in conducting baseball games and practices. i In reference to Section II, paragraph 2, the University of i North Texas agrees to this paragraph on its own behalf as an entity, but cannot waive the rights of individuals (employees, students, visitors, etc) because it has no authority to do so. i With this clarification to the stated agreement, the parties hereby agree to the terms therein. CITY OF DENTON Byt Steve Br nkman, D rector Parks i Recreation APPROVED AS TO LEGAL FORMt Bye 6ra Adem reyov tch, city Attor UNIVERSITY OF NORTH TEXAS 4Ph---P4bQlI BYt ce Pre dent For Fiscal Affairs I c INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S \ 1 The City of Denton, Texas, a Municipal Home Rule City situated in Denton 1 County, Texas, hereinafter called "City", acting herein by and through its City Manager and David Went, hereinafter called "Contractor", hereby mutually agree as follows: 1. URVICES TO BE PERFORMED: City hereby retaine Contractor to oerform the hereinafter designated services and Contractor agrees to perform the following services: i A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder at a rate of ONE HUNDRED THIRTY AND 00/100 ($130.00) per eight (8) hour class. 3. STUDENT FEES Contractor agrees to collect a fee from each individual attending the school. Said fee shall be set by the City and shall be turned over to the City by Contractor within twenty-four (24) hours of each class. { 4. SUPERVIS;Ot7 AND CONTROL BY CITY: It is mutually understood and cgreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, TrAas for any purpose including, but not limited to, income tax i wLthhold).ng, social security taxes, vacation or sick leave benefits, workers' comp +tion benefits, or any other City employee benefit. The City shall not i r~ havi, ..upervision and control of contractor or any employee of Contractor, but it is expressly understood that contractor shall perform the services hereunder in accordance with the requirements of the Texas Safety Association, Department of Public Safety, and National Safety Council. 5. QUALIFICATIONS: Contractor must be licensed in accordance with V.C.S. 4413 (29c), "The Commercial Driving School Act." 6. S'RVICSS AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to srnish to Contractor the following services and/or supplies: (1) Location to teach Defensive Driving Course classes and materials and equipment to conduct those classes. 7. INSURANCE: Contractor shall orovide, at his own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 8. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' written notice of its intention to cancel this Agreement. ~E t .-ter-- R INDEPENDENT CONTRACTOR'S AGREEMENT - DAVID WEST October 1, 1991 through September 30, 1992 Page 2 of 2 9. TER-K OF CONTRACTt This Agreement shall commence on the let day of j October, 1991 and end on the 30th day of September,1992. • EXECUTED THIS day of ~0,j~~ Y 19-*-' CITY OF DEN ON, TEXAS BY $ ~YIl3 L Y V. LL CITY MANAGER A STI r IFER TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH CITY ATPORNEY BYt CONTRACTORt By t 'Ir AFF00038 4 i f I i v i INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 4 The CITY OF DENTON, TEXAS, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through 1 its City Manager and Diane Swint, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder at a rate of One hundred thirty and 00/100 ($130.00) per eight (8) hour class actually taught. 3. STUDENT FEE: Contractor agrees to collect a fee from each individual attending the school. Said fee shall be set by the City and shall be turned over to the City by Contractor within twenty-four (24) hours of each class. 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and i f agreed by and between City and Contractor that Contractor is an independent ~ i Contractor and shall not be deemed to be or considered an employee of the City ! E of Denton, Texas for any purpose including, but not limited to, income tax withholding, social security taxes, vacation or sick leave benefits, workers' compensation benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder in accordance with the requirements of the Texas Safety Association, Department of Public Safety, and National Safety Council. 5. QUALIFICATIONS: Contractor must be licensed in accordance with Y.C.S. 4413 (29c), "The Commercial Driving SchoO Act." b. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: (1) Location to teach Defensive Driving Course classes and materials and equipment to conduct those classes. INDEPENDENT CONTRACTOR'S AGREEMENT - DIANE SWINT August 2, 1991 through July 30, 1992 Page 2 of 2. 7. INSURANCE: Contractor shall provide, at his own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's 1 business. B. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' written notice of its intention to cancel this Agreement. 4, TERM OF CONTRACT: This Agreement shall commence on the 2nd day of August, 1991 and end on the 31th day of July, 1992. i i EXECUTED THIS day of 14_. CITY OF DENTON, TEXAS BY: LVOYD Y. ` CITY MANAGER j ATTEST: i , I IFER LRSO CITY SECRETARY 17T 1 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i 8Y: h CONTRACTOR: BY: 1iyM* v- 5935F E