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1994-152TRNDMAKR.ORD AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852, 0858 AND 0860; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Don Allen for the partial abandonment of certain public utility and drainage easements; and WHEREAS, the city Council of the City of Denton has determined that those portions of the public utility and drainage easements being vacated are no longer needed for public use; and WHEREAS, the fair market value of the vacated portions of the public utility and drainage easements have been determined and received, as required by section 272.001 of the Texas Local Government Code and DENTON, TEX., CODE ch. 2 art. IV. (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That those portions of the public utility and drainage easements described in Exhibits "A-I" and "A-2", attached hereto and incorporated herein by reference, and recorded in Volume 1686, Pages 0852, 0858 and 0860 of the Real Property Records of Denton County, Texas, are permanently vacated and extinguished as public easements, to the extent described in said exhibits. SECTION II. That by reason of such vacation the City of Denton's property interest in the vacated portions of said ease- ments shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned, and the city of Denton releases any and all claims to the use of the vacated portions of said property as public easements. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. ATTEST: JENNIFER WALTERS, CITY SECRETARY A VED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 EXHIBIT "A-1" BEING a portion of a 16' Drainage and Utility Easement given to the City of Denton, Texas as recorded in Volume 1686, Page 852, Real Property Records (R.P.R.), Denton county, Texas and being a part of a 43.792 acre tract of land conveyed to Centennial Homes, Inc. DBA, Trend Maker Homes as recorded in Instrument Number 94-R0003327 R.P.R., Denton County, Texas, the portion of said easement being.more particularly described as follows: COMMENCING at a 5/8" iron rod set for the southwesterly'corner of said 43.792 acre tract of land, and being in the easterly right-of-way line of Lillian Miller Road (80' R.O.W.); THENCE N 88°43'53'' E, along the southerly line of said 43.792 acre tract, same being the northerly line of that certain tract of land described to Hersham Developement Corporation as recorded in deed in Volume 3453, Page 547, D.R.D.C.T., 1150.80 feet to a point for corner; THENCE N 04044'25'' E, 27.56 feet to the THE POINT OF BEGINNING; THENCE S 43°00'57" W, 31.87 feet; THENCE N 88°43'53" E, 44.72 feet; THENCE N 43000'57'' E, 103.66 feet; THENCE S 04044'25'' W, 51.68 feet to the POINT OF BEGINNING and containing 542 square feet of land, more or less. G:\93328101~281EXO2,FNS June. 6, 1994 EXHIBIT "A-2" BEING a portion of a 16' Drainage and Utility Easement given to the City of Denton, Texas as recorded in Volume 1686, Page 858, Real Property Records (R.P.R.), Denton county, Texas and being' a part of a 43.792 acre tract of land conveyed to Centennial Homes, Inc. DBA, Trend Maker Homes as recorded in Instrument Number 94-R0003327 R.P.R., Denton County, Texas, the portion of said easement being ~ore particularly described as follows: BEGINNING at a 5/8" iron rod found for the northwesterly cc~rner of said 43.792 acre tract of land, and being in the easterly right-of-way line of Lillian Miller,Road (80' R.O.W.); THENCE N 88039'49'' E, along the northerly line of said 43.792 acre tract, 28.91 feet; THENCE S 28°49'03" W, 21.22 feet to a point for the beginning of a curve to the left having a radius of 880.05 feet; ALONG said curve to the left through a central angle of 20003'50'', for an arc length of 308.18 feet; THENCE S 82°38'13" E, 291.20 feet; THENCE S 05°41'11" E, 16.42 feet; THENCE N 82°38'13'. W, 294.88 feet to a point for the beginning of a curve to the right having a radius of 896.05; ALONG said curve to the right through a central angle of 21 °41'27", for an arc length of 339.22 feet to a point in the easterly line of said Lillian Miller Road; THENCE N 28049'03'' E, along said easterly right-of-way, 23.03 feet to the POINT OF BEGINNING and containing 0.239 acres (10,422 sq. ft.) of land, more or less. G:\93328101~281EX01 .FNS ".'~;', CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned, City Secretary of the City of Denton, Texas (fhe "City") DO HEREBY CERTIFY that according to the records of the City of which I am custodian, that: the attached is a true and accurate copy of Ordinance No. 94-152 as approved by the City of Denton City Council on August 16, 1994. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the ~8~b day of August , 19 94 · 0469C STATE OF TEXAS COUNTY OF DENTON CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this AUGUST A.D., 19 94 , by and between CITY OF DENTON 16 day of of the County of DENTON through LLOYD V. m%I~T.T. and State of Texas, acting thereunto duly authorized so to do, hereinafter termed "OWNER," and FLOYD SMITH CONCRETE P.O. BOX 1781 DENTON~ TX 76202 of the City of DE~FrON and State of TR.~AS , County of DE~rON , 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 attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID % 1652 - CONTI~ACT CONCRETE WORK in the amount of E~IBIT A and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications the~refore, as prepared by Clef OF D~TON D~ARTM~NT OF ~NGINE~RING AND TRANSPORTATION 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 Cityand Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City'-of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the city of Denton against any and all such claims and demands. 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and da~ first above ~rritten. A~T: i I . ATTEST: CONTRACTOR MAILING ADDRESS PHONE NUMBER BY TITLE~ ~ PRINTED NAME APPROVED A~ ~M~O184D Rev?'07~28~94 CA - 3 (SEAL) 3ID # 3ID NAME OPEN DATE 2.11.5 EA 3-A SY 3-B LF 3-C SY 3.3 CY. 3.9 SY 5.7-B TN 5.8A-2 SY 5.8-A A. SY B. SY C. SY 5.8-B A. SY B. SY C. SY 6.2.10(C] CY 6.7.2-A EA 7.6.A-1 EA 7.6.A- 1 VF (1) 7.6.A-2 EA 7.6.A-2 VF (1) 7.6.A.-3 EA 1652 CONTRACT CONCRETE WORK JULY 21, 1994 PAGE I OF 3 RINGAND COVER (INLETS) '. REMOVE CONCRETE PAVEMENT REMOVE CONCRETE CURB & GUTTER REMOVE CONCRETE DRIVEWAY & SIDEWALK UNCLASSIFIED EXCAVATION SOD 2' ASPHALT PAVEMENT (TYPE D PATCH MATERIAL) 4' CONCRETE FLATWORK (COLORED AND TEXTURED) 6" CONCRETE PAVEMENT (RADIUS, ETC) 0 TO 50 SQ YDS 50 TO 100 SQ YDS 100 TO 500 SQ YDS '8 CONCRETE PAVEMENT (RADIUS, ETC) 0 TO 50 SQ YDS 50 TO 100 SY YDS 100 TO 500 SQ YDS ONE SACK CONCRETE BACKFILL ADJUST MANHOLE AND INLETS 4' ID MANHOLE (0' TO 6'DEPTH) EXTRA DEPTH 5'X5' JUNCTION BOX (0' TO 6' DEPTH) EXTRA DEPTH 4' INLET (O'TO 6' DEPTH) FLOYD ~SMITH $200.00 $o.30 $4.50 .$16.20 $9..00 $5.50 $75.00 $43.00 $29.25 $28.00 $25.75 $32.40 $31.15 $28.90 $45.00 $550.00 $1,200.00 $100.00 $1,300.00 $100.00 $1,250.00 EXHIBIT A BID # --1652 BID NAME CONTRACT CONCRETE FLOYD WORK SMITH OPEN DATE JULY 21, 1994 PAGE 2 OF 3 7.6.A.-3 VF EXTRA DEPTH $100.00 (1) 7.6.A-4 EA ~- 6' INLET (0' TO 6' DEPTH) $1,450.00 7.6.A-4 VF EXTRA DEPTH $150.00 (1) SY 7.6.A-5 EA 8~ INLET (0' TO 6' DEPTH) $1,550.00 7.6.A-5 VF .. EXTRA DEPTH $150.00 (1) 7.6.A-6 EA 10' INLET (0' TO 6' DEPTH) $1,650.00 7.6.A-4 VF EXTRA DEPTH $200.00 (1) 7.6.A-7 REBUILT INLET (REMOVE AND REPLACE TOP) A. EA 4' INLET $700.00 B. EA 6' INLET $750.00 C. EA 8' INLET $800.00 D. EA 10' INLET $850.00 7.6.A-8 REBUILT EXISTING INLET $1,500.00 (SPECIAL) A. EA 4' INLET $1,500.00 S. EA 6' INLET $1,600.00 C. EA 8' INLET $1,800.00 D. EA 10' INLET $2,000.00 7.6.A-9 EA INLET SITE PREPARATION $150.00 8.1 LS BARRICADES,WARNING $250.00 SIGNS & DETOURS 8.2 LF DOWEL-ON INTEGRAL CURB $4.00 8.2-A CONCRETE CURB & GUTTER A. LF 0' TO 250' $7.75 B. LF 250' TO 1000' $7.00 C. LF 1000' - U P $6.50 8.2.A-1 LF OVERLAY MILLED CURB $4.00 0' TO UP EXHIBIT A BID # 1652 BID NAME CONTRACT CONCRETE FLOYD WORK SMITH OPEN DATE JULY 21, 1994 PAGE 3 OF 3 8.2.A-2 LF .30' SURMOUNTABLE CURB $10.50 8.3 6' CONCRETE DRIVEWAY A. SY 0 TO 50 SQ YDS $29.25 B. SY 50 TO 100 SQ YDS $29.25 C. SY 100 TO 500 SQ YDS $25.75 e.3-A 4" CONCRETE SIDEWALK A. SY 0 TO 50 SQ YDS $27.00 B. SY 50 TO 100 SQ YDS $24.75 C SY 100 TO 1000 se YDS $20.25 8.4 SY CONCRETE MEDIANS $20.25 8.6 SF CONCRETE STEPS $8.50 8.15 SY CONCRETE RIP RAP $29.25 8.48 EA ABANDON INLET/LATERAL $500.00 SP-1 LF SAW CUT EXISTING ASPHALT $1.50 SP-2 LF SAW CUT(EXISTING CONCRETE) $3.00 SP-3 CY STRUCTURAL CONCRETE $325.00 (cLAss A) SP-4 CY CONC FOR LIGHT $150.00 STANDARD BASES SP-6 EA CONC FOR TRAFFIC $275.00 CONTROLL PULL BOX EXHIBIT A CITY OF DENTON INSURANCE REQUm ME ,NTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the. contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a. duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other o~ligations or liabilities of the Contractor, the Contractor shall ~rovide and maintain until the contracted work has been completed and accepted by the city of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or'waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the city of Denton. Ail insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: O Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the city, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. cI 1 o Liability policies shall be endorsed to provide the following: oo Name as additional insured th.e City of Denton, its Officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to~ increase the insurer's limit of liability. Ail policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered~ Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, city may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: Ail insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: CI - 2 AAA00819 General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000.00 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability endorsement) covering this contract, liability and broad form property damage (preferably by personal injury liability. Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $500,000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational CI - 3 AAA00819 [ ] [ ] [ ] [ ] [ ] disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents,, employees and volunteers for any work performed for the City by the Named Insured. Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. Fire Damaqe Leqal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 4 WORK DAYS BID NO.' 1652 PO NO. BID TABULATION SHEET 2.11.5 Ring and Cover EA $ ( Inlets ) 3-A Remove Concrete Pavement SY $ 3-B Remove Concrete Curb & LF $ ~ /~L~ $ Gutter $-C Remove Concrete Driveway SY $ ~..'~¥ $ & Sidewalk /~,~ 3.3 Unclassified Excavation CY $ 9.00 /CY $ 3.9 Sod SY $ 5.50 /SY $ 5.7-B 2- Asphalt Pavement TN $ 75.00 /TN $ ~Ty~e D Patch MaterialI 5.8-A-2 4- Concrete Flatwork SY (colored and textured} 5.8-A 6" Concrete Pavement $ $ (Radius, Etc. ) a. 0 to 50 Sq. Yds. SY $ 29.25 /SY $ b. 50 to 100 Sq. Yds. SY $ 28.00 /Sy $ c. 100 to 500 Sq. Yds SY $ 25.75 /SY $ 5.8-B 8" Concrete Pavement $ $ {Radius, etc. ) a. 0 to 50 Sq. Yds. SY $ 32.40 /SY $ b. 50 to 100 Sq. Yds. SY $ 31.15 /SY $ c. 100 to 500 Sq. Yda SY $ 28.g0 /SY $ 6.2.10 (C) One Sack Concrete CY $ 45.00'/CY $ Backfill 6.7.2-A Adjust Manhole and EA $ 550.00 /EA $ Inlets 7.6.A-1 4' ID Manhole (0' to 6' EA ~00.~0 /EA Oe~ h ) 7.6.A-1 (1) Extra Depth VF $ ~C0.C~0/VF 7.6.A-2 5' x 5' Junction Box (0' EA $1~3~0.00/EA $ to 6' Depth) WORK DAYS SID NO. ~652 PO NO. BID TABULATION SHEET 7.6.A-2 (1) Extra Depth VF $ 100.00 /W 7.6.A-3. 4, Inlet (0' to 6' EA $1,250.00/EA Depth} 7.6.A-3 (1) Extra Depth VF $ 100.00/v~ $ 7.6.A-4 6' Inlet (0' to 6' EA $1~450.~0/EA $ Depth) 7.6.A-4 (1) Extra Depth VF $ ~50.09/VF $ 7.6.A-5 S, Inlet {0' to 6, EA $1~5~0.00/EA Depth) 7.6.A-5 (1) Extra Depth VF $ ]-50'~0/VF $ 7.6.A-6 10' Inlet (0' to 6, EA $1~6~0.00/EA $ Depth) 7.6.A-6 (1) Extra Depth VF $ 200.00/VF $ 7.6.A-7 Rebuilt Inlet (Remove $ and Replace Top) a. 4' Inlet EA $ ~0.0~EA $ b.' 6' Inlet EA $ 7~0.~EA $ c. 8' Inlet EA $ 800.~EA $ d. 10' Inlet EA $ 850'00/EA $ 7.6.A-8 Rebuilt Existing Inlet $ {Special) a. 4' Inlet EA $ i~SCO.00/EA $ b. 6' inlet EA $ i~6~0.0~EA $ c. 8' Inlet EA $ 1,800'00/EA d. 10' Inlet EA $ 2~0C0.~0/EA $ 7.6.A-9 Inlet Site Preparation EA $ i~0.00/EA $ 8.1 Barricades, Warning LS $ 2~50.C0/LS $ Signs & Detours 'wo BID NO. 1652 PO NO. BID TABULATION SHEET 8.2 Dowel-On Integral Curb LF $ 4.00 /LF 8.2-A Concrete Curb & Gutter $ $ a. 0, to 250' LF $ 7.75 /LF $ b. 250' to 1000' LF $ 7.~0 /LF $ c. 1000' - up LF $ 6.~0 /LF $ 8.2.A-1 Overlay Milled Curb 0' LF $ 4.~0 /LF $ to Up 8.2.A-2 30" Surmountable Curb LF $ ~0-~0 /LF 8.3 6" Concrete Driveway $ $ a. 0 to 50 Sq. Yds. SY $ 29.25 /S¥ $ b. 50 to 100 Sq. Yds. S¥ $ 28'00 /S¥ $ c. 100 to 500 Sq. Yds. SY $ 25.7.5 /SY $ 8.3-A 4" Concrete Sidewalk $ $ a. 0 to 50 Sq. Yds. SY $ 2?.~0/SY $ b. 50 to 100 Sq. Yds. SY $ 24.75/SY $ c. 100 to 1000 Sq. Yds. SY $ ~.25/SY $ 8.4 Concrete Medians SY $ ~).25/SY $ 8.6 Concrete Steps SF $ 8'~0/SF $ 8.15 Concrete Rip-Rap SY $ 29.25/SY $ 8.48 Abandon Inlet/Lateral EA $ ~00.~0/EA $ SP-1 Saw Cut (Existing LF $ 1.~0/LF Asphalt) SP-2 Saw Cut (Existing LF $ 3.O0/LF $ Concrete) ~ wo~ wo~ DAYs BID NO. PO NO, BID TABULATION SHEET SP-3 Structural Concrete CY $ 325.~0/CY $ {Class A) SP-4 Conc, for Light Standard CY $ 1.~O,O0/CY $ Bases SP-6 Conc. for Traffic EA $ 275.~0/EA $ Control Pull Box TOTAL $ AAA02571 P - 4 This bid will be in effect for a period of one year from date of award, but may be extended for an additional year if agreed upon, in writing, by both parties with all prices and conditions remaining the'same. In submitting this bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitutes a contract. The completed Bid Proposal must be properly priced, signed, and returned. P.O.~k~1781 Mailing Address Denton, TX 76202 City State Zip Code Floyd Glenn Smith Bidder (817) 565-0114 Telephone Owner Title P - 5 ~ ~lS CER~CA~ IS ISSUED AS A MAWR OF INFORMA~ON ONLY AND CONFERS NO RIGH~ U~N ~E CER~HCA~ HOLDER. ~IS CER~CA~ DOEG NOT AMEND, E~ND OR AL~R ~E COVERAGE AFFORDED BY Ram~ & KI~ I~um~ POUCIES BELOW. ~ ~E ~lte A COMPANIES A~ORDING COVERAGE c~,~ A ~n~ Un~l c~ C FIo~ Sml~ ~e ~ FIo~ Glen Sml~ P o Box ~ c~ D ~P~ ~ ~ ................................. ::~.~:..~:~!.:~.~:*~..:~:~.~ ~ ................... ~:.~:~ ......................... ~. ~... ~.~.s .~ ..................... ~ ................. ~ ......................................... ~.~..~ .......................... ~~ ~ HI~D ~ ~ BODILY I~ A ~D W~ ~01~ ~1~ ~ ~ Accl~ ~s .1~ Volunt~. WC - Walv~ of ~tl~ - C~ of ~n Bid 1~2 C~ Con~ W~ ~?~?~ SHOU~ ~Y OF ~E ABOVE DESCRIBED POLICIES BE C~CEL~D BEFORE ~E ~ ~PI~ON DA~ ~EREOF, ~E ISSUING COMPANY WI~ END~VOR TO ~;~ MAIL ~ DAYS W~N NO~CE TO ~E CE~FICA~ HO~ER NAMED TO ~E CI~ D~ton ~mhaelng D~L ~?:~ LE~, BUT FAILURE TO MAIL SUCH NO~CE SHA~ IMPOSE NO OBUGA~ON OR ?:?.:: UAOtLI~ OF ANY KIND UPON ~E COMPANY, IT~ AGENTS OR REPRE~ENTA~VES. RLLSTRTE bJRYNE HOLT TEL:81?-566-5942 RUB 29,94 13:54 No.O02 P.O1 ' CERTIFICATE OF INSURANCE [] ALLSTATEINSURANCECOMPANY [] ALLSTATEINDEMNITYCOMPANY [] ALLSTATE TEXAS LLOYD'~ THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT8 UPON THE CERTIFICATE HOLDER. THIS CE(qTIFI* CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO SY THE POUDIE8 BELOW, CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this OerUflcafe I$ luaued Name and Address of Insured CITY OF DENTON ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS AS ADDITIONAL INSUREDS FLOYD SMITH PO BOX 1781 DENTON TX 76201-1781 This Is to certify that polloiee of insurance listed below have been issued to the Insured named above eubJaot to the expiration date indicated below, notwithstanding any requirement, term or condition of any contraut or of bet document with respect to which this certlffoate may be Issued or may pertain. The Insurance afforded by the policies described heroin le subject to all the terms, exclusions, and conditions of such pollulus. TYPE OF INSURANCE AND LIMITS Policy Effective Expiration COMMERCIAL GENERAL LIABILITY Number Date Date · Limit Amount Gf:NERAL AGGREGATE LIMIT (Other than Products -- Completed Opereltlonu) $ PRODUCTS -- COMPLETED OPERATIONS AGGRE(~ATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENOE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDIOAL EXPENSE LIMIT S ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective Expiration EMPLOYERS' UABILITY Number Date Date Coverage Limits WORKERS'COMPENSATION STATUTORY -- applies only In the following states: BODILY INJURY BY ACOiDENT $ EACH AOCIDENT EMPLOYERS' LIABILITY BODILY INJURY BY DISEASE $ EACH EMPLOYEE BODILY INJURY BY DISEASE $ POLICY LIMIT Policy Effective Expiration AUTOMOBILE UABILITY Number 649559731 Data 6/11/94 Date 6/11/95 Coverage Basis Llmite ~3ANY AUTO [] OWNEDAUTOS I~ HiREDAUTOS CombJnod$1aglaLImit Gl Liability BODILY INJURY & PRO~ERTt DAMAGE J $ 1 mOOOtO00. I EACHACGIDENT ~]SPECIFIEO AUTOS I]~ NON-OWNED AUTOS ~llt Liability Limits Bodily Injury Wqmrty hmlgs. , Each [-1OWNED PRIVATE pASSENGER AUTOS $ ~,.e~ ~.~.~ ~#/~( PERSON ,, E]OWNEO AUTOS OTflER THAN PRIVATE PASSENGER $ $ ACCIDENT POdCy Effective Expiration UMBRELLA LIABILITY Number Date Date EACH OCCURRENCE I GENERAL AGGREGATE ) PRODUCTS -- COMPLETED OPERATIONS AGGR EG ATE $ $ $ OTHER(Show Policy Effective Expiration type of Policy) Number Date Date DESCRIPTION OF OPERATION$ILOCATIONS~/EHICLES/RESTRICTIONS/SPEGIAL ITEMS GANCELLATION Number of days notice. 30 8/29/94 Should any of the above desortbed pollolee be cancelled before the expiration<late, the Issuing company will endeavor to mail within the number of days entered above, written notice to th e cerflflcale holder named above. But failure Io mall such notice shall Impose no obllg anon or liability of any kind upon the company, its agents or repreeentatlvea. J10523.2 AUG 29 '94 13:50 817 566 5942 PAGE.001 TRNDMAKR.ORD AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852, 0858 AND 0860; AND PROVIDING FOR AN EFFECTIVE DATE. W}{EREAS, the City of Denton has received a request from Don Allen for the partial abandonment of certain public utility and drainage easements; and WHEREAS, the City Council of the city of Denton has determined that those portions of the public utility and drainage easements being vacated are no longer needed for public use; and WHEREAS, the fair market value of the vacated portions of the public utility and drainage easements have been determined and received, as required by section 272.001 of the Texas Local Government Code and DENTON, TEX., CODE ch. 2 art. IV. (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That those portions of the public utility and drainage easements described in Exhibits "A-i" and "A-2", attached hereto and incorporated herein by reference, and recorded in Volume 1686, Pages 0852, 0858 and 0860 of the Real Property Records of Denton County, Texas, are permanently vacated and extinguished as public easements, to the extent described in said exhibits. SECTION II. That by reason of such vacation the City of Denton's property interest in the vacated portions of said ease- ments shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portions of said property as public easements. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the/~day of ~d.~A~. , 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 EXHIBIT "A-1" BEING a portion of a 16' Drainage and Utility Easement given to the City of Denton, Texas as recorded in Volume 1686, Page 852, Real Property Records (R.P.R.), Denton county, Texas and being a part of a 43.792 acre tract of land conveyed to Centennial Homes, Inc. DBA, Trend Maker Homes as recorded in Instrument Number 94-R0003327 R.P.R., Denton County, Texas, the portion of said easement being more particularly described as follows: COMMENCING at a 5/8" iron rod set for the southwesterly corner of said 43.792 acre tract of land, and being in the easterly right-of-way line of Lillian Miller Road (80' R.O.W.); THENCE N 88°43'53'' E, along the southerly line of said 43.792 acre tract, same being the northerly line of that certain tract of land described to Hersham Developement Corporation as recorded in deed in Volume 3453, Page 547, D.R.D.C.T., 1150.80 feet to a point for corner; THENCE N 04°44'25" E, 27.56 feet to the THE POINT OF BEGINNING; THENCE S 43*00'5?" W, 31.87 feet; THENCE N 88°43'63'' E, 44.72 feet; THENCE N 43°00'57'' E, 103.66 feet; THENCE S 04*44'25" W, 51.68 feet to the POINT OF BEGINNING and containing 542 square feet of land, more or less. G:\93328101\281EXO2.FNS June 6, 1994 EXHIBIT "A-2" BEING a portion of a 16' Drainage and Utility Easement given to the City of Denton, Texas as recorded in Volume 1686, Page 858, Real Property Records (R.P.R.), Denton county, Texas and being a part of a 43.792 acre tract of land conveyed to Centennial Homes, Inc. DBA, Trend Maker Homes as recorded in Instrument Number 94-R0003327 R.P.R., Denton County, Texas, the portion of said easement being more particularly described as follows: BEGINNING at a 5/8" iron rod found for the northwesterly corner of said 43.792 acre tract of land, and being in the easterly right-of-way line of Lillian Miller Road (80' R.O.W.); THENCE N 88°39'49" E, along the northerly line of said 43.792 acre tract, 28.91 feet; THENCE S 28°49'03" W, 21.22 feet to a point for the beginning of a curve to the left having a radius of 880.05 feet; ALONG said curve to the left through a central angle of 20°03'50'', for an arc length of 308.t8 feet; THENCE S 82°38'13'' E, 291.20 feet; THENCE S 05°41 '11" E, 16.42 feet; THENCE N 82°38'13'' W, 294.88 feet to a point for the beginning of a curve to the right having a radius of 896.05; ALONG said curve to the right through a central angle of 21 °41 '27", for an arc length of 339.22 feet to a point in the easterly line of said Lillian Miller Road; THENCE N 28°49'03'' E, along said easterly right-of-way, 23.03 feet to the POINT OF BEGINNING and containing 0.239 acres (10,422 sq. ft.) of land, more or less. G:\93328101~81EX01.FNS June 6, 1994 CENTENNIAL HOMES INC., DBAU'qUTY ~ENDMAKER HOMES 94-R0003527 43.792 ACRES :7. ...... ;... ~54'2~.~T,]L. Sq.,oD. Ft. L ,/VOL'--/× GARY 8. ~ -- -- -- EXHIBIT "B-I" PARTIAL EASEMENT ABANDONMENT ~1~-'~ 16'DRAINAGE' & UTILITY EASEMENT VOL. 1686, PG. 852 C.A~TE~ & BURGESS. INC. CENTENNIAL HOMES INC., DBA U~ILiTY E^SEMENT TRENDMAKER HOMES 94-R000 3327 ACRE 45.792 ACRES ~ E~ BIT "B.2" ~ Car~r,,Burg~ PAR~AL EASEMENT ABANDONMENT ~R ~ BUR~SS, INC. VOL 1686. PG. 858 Filed fe~' Reee-rd in: DENTON COUNTY~ TX RETURN TO: City of Dentdn HONORABLE TIN HEDGES 215 E. McKinney /COUNTY CLERK Denton, TX 76201 ATTN: Rob. er N. Wilkinso~ 0~ 1994/~8/~4 Numbee: 94-R886596~ Type : OR 83. B~