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1991-113
ORDINANCE NO q1 -113 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the con- struction of 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 be- ing the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 1253 CDC Contractors $596,569 00 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 to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by 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 im- mediately upon its passage and appro al PASSED AND APPROVED this the _ day of ,1991 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR ED A TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY DATE August 6, 1991 gTTY_CQUNLIL_REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1253 - FIRE STATION #6 RE99NNENpATI211 We recommend this bid be awarded to the lowest bidder, CDC Contractors, in the amount of $596,569 00 SUMMARY This bid is for the construction of Fire Station #6 to be located near the intersection of Lillian Miller Parkway and Teasley Lane The base bid is $547,319 00 and the options included are 1 Deduct $ 1,300 00 - Delete mini blinds on exterior windows for Station #6 2 Add 15,648 00 - For work room, weight room and bunker room for Station #6 3 Add 15,648 00 - For work room, weight room, and bunker room for Station #5 4 Add 20,042 00 - For driveway at Station #5 5 Deduct 1,590 00 - Delete fire hose storage rack at Station #6 7 Deduct 1,498 00 - Delete split face block at masonry walls substitute face brick 8 Add 2,300 00 - Delete resilient flooring in kitchen and dining area, add unglazed paver file Base bid with the recommended alternates total $596,569 00 Work is to be completed in 240 calendar days BASE.QROyNg Tabulation Sheet, Letter from Matrix Consultants dated 6-18-91 PRO~RANE~_NEPARTMENT_OR_LROyRE_AFFECTEg Fire Department, Citizens of Denton Page 2 of 2 11ja1AL-;M? AU This project will be funded from bond funds for this specific project Fire station bond funds available $550,000 00 Library bond funds available 60,000 00 to $85,000 00# * Committed to the project since future library facility will share parking and utility improvements Respec ily/ub i ted Lloyd V Harrell City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent TS/dd 172 DOC 8 8 8 8 8 8 8 8 8 C ~ M 07 r N N I N 8 O O O O O O O S Q 1 N N M I N p 8 8 p 8 p 8 p 8 p 8 8 8 p 8 Q p-S wp % g _q l I N N N N [O X: 8 O ~On O O O QO ~c,8~ O C= C o n S2 o; m tv - - 8 8 8 8 8 8 8 8 8 ,pl O I N N M 1 C N g N 8 S 8 8 8 8 8 8 8 ~j R N i 1 N N [[ss77 {p~ 8 8 8 8 8 8 8 88 8 N N M N cli f,'1 8 8 8 8 8 8 8 8 8 m N 1 N L' N 7 O N M ~ n ~O N o~ R 4 C Q 113 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 6 day of August A.D., 1991 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, hereinafter termed 'OWNER,' and CDC Contractors, 771 a¢nolia. R nn da1P_ TP:an 7fiofio of the City of Rennedale , County of Tarrant and State of Texas , hereinafter termed 'CONTRACTOR.,' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made 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 ithe work specified below: BID #1253 - FIRE STATION 16 in the amount of $596.569.00. Including options: 1.2,3,4,5,7,8 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, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by Womack-Humphreys Architects all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, byreason 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 0114s 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 r Q B 719. i~ (SEAL) ATTEST: CDC Contractors. CONTRACTOR I Tit4d~ (SEAL) APPROVED AS TO FORM: Ci. ttorney I i CA-3 0114s EXECUTED' IN FOUR COUNTERPARTS BOND #TX1145 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That CDC Contractors of the City of Kennedale County of Tarrant , and State of Texas as PRINCIPAL, and CONTRACTORS BONDING AND INSURANCE COMPANY, 1213 VALLEY ST., SEATTLE., WASHINGTON 98109 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 OWNER, in the penal sum of Five Hundred Ninty Six Thousand Five Hundred Sixty Nine/100 Dollars 596,569.00 for the payment--whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 6 day of August , 19 91 , for the construction of Bid 11253 - Fire Station 16 in the amount of $596,569.00. 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 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 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 WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21ST day of AUGUST 1991 CDC OONTRACTURS - - - - - - 00NPRACIORS BONDING AND INSURANCE MIPANY Principal Surety By r ROCKEY &NBS KA7iII EEEU9 A. ILLFSPI 'T J Title PRESIDENT/PARTNER Title ATTORNEY IN FACT ° Address 711 MAGNOLIA Address 122 W. CARPENTER FRWY:,•$490,.~ EQaA=Aru my 7rnrn IRVING, TEXAS 75039 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: GLOBAL UNDERWRITERS AGENCY, P. O. BOX 532342, GRAND PRAIRIE, TX. 75053 NOTE: Date of Bond must not be prior to date of Contract. PB-2 in ew owl 01e hsurar is unabte to nemt COMPLAINT NOTICE Sdould any dispute arise about your premi!;Ti is coarratud o<wpa:on and r-ths policy or about a claim-that you have fliefl, write to the company inn: - 0091b a coyM or appkdon or certificate a evidence d eaerep. Ore Nricyho!dcr issued the bond. If the problem Is not resolved, you may a!sc or tet8 idm is rd protected by writs to the State Board of Insurance, P.O. Box 149091, Austin, Texas kumnoe Guaranty tuna or other wwwq 78714-9091, Fax Q (512) 475-1771. This notice of complaint en pmwdion arrargerr" procsdurc is for Information only and does not become a part or , r ihi; bond. + E44?CITTF~'IN FOUR COUNTERPARTS BOND $TX1145 PAYMENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That CDC Contractors of the City of Rennedale , County of Tarrant and State of Texas , as principal, and CMTRACTORS BONDING AND INSURANCE CXINPANY, 1213 VALLEY Sr., SEATTLE., WASHINGDON 98109 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 Five Hundred Ninty Six Thousand Five Hundred Sixty Nine/100 Dollars 596,569.00 ) 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 6 day of August 1991 NEw CONS RucrION OF FIRE STATION $6 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 accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or 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 WITTINESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21ST day of AUGUST 19 91 CDC CONTRACTORS CONTRACTORS BONDING AND INSURANCE COMPANY Principal - Surety B ,JV Y R COMBS- KATHLEEN A. GI LES E ? = ~cs ~ 2- o ~@ Title pRF_,TE)FNT/PARTNER Title ATTORNEY IN FACT . , Address 711 MAGNOLIA Address 122 W. CARPENTER FRWY #490 y KEkNEDALE, TX 76060 IRyiNG, TEXAS 75039 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: GLOBAL UNDERWRITERS AGENCY, P. O. BOX 532342, GRAND.PRAIRIE, TX. 75053 - in ft evem ft Insurer is unable to mini COMPLAINT NOTICE: Should any dispute arise about your prmr ib cmtramual obligation under dds policy or about a claim that you have filed, write to the Company or wont or application w cer6rcate issued the bond. If the problem is not resolved, you may also or evidenoa d caerap, die policyholder write to the State Board of Insurance, P.O. Box 149091, Austin, Texts or °Bfbficida r is rat wow by 78714-9091, fax 0 (512) 475-1771. This notice of complaint ansolvency prcccdure is for Information only end does not become a part or cc rl;±+or! of this bond. PB-4 0092b EXECUTED-IN FOUR COUNTERPARTS BOND #TX1145 MAINTENANCE BOND STATE OF TEXAS COUNTY OF Denton fv KNOW ALL MEN BY THESE PRESENTS: THAT CDC Contractors as Principal, and ooNTRAC10RS BONDING AND INSURANCE COMPANY a Corporation authorized to do business 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 Fifty Nine Thousand Six Hundred Fifty Six and 90/100 _ Dollars 59.656.90 , 107 of the total amount of the contract for the payment of which sum said principal and surety do hereby- bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said CDC Contractors has this day entered into a written contract with the said City of Denton to build and construct BID# 1253 - Fire Station #6 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 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 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. MB-1 0093b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that 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 CDC CONTRACTORS as Contractor and Principal, s caused these presents to be executed by THE CITY OF DENTON and the said CONTRACTORS BONDING AMID INSURANCE COMPANY as surety, has caused these presents. to be executed by its Attorney-in-Fact KATHLEEN A. GIL ESPIE and the said Attorney-in-Fact has hereunto set his hand this 21ST day of AUGUST , 19 91 . SURETY: PRINCIPAL: CONTRACTORS BONDING AND INSURANCE COMPANY CDC CONTRACTORS a .Attaraey=.in-Fact COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have filed, write to the company that to the even are usurer is unable to tuifi0 issued the bond. If the problem is not resolved, you may also its Contractual obilgatlon under this pony rnrad or wrto to the State Board of insurance, P.O. Box 149091, Austin, Tcxc" or or evidence mnce of f coverage. overage, or ceroawte the pi,rcyhotaer 78714-S091, Fax 0 (512) 475-1771. This notice of complalnf or cerlifxatetaaer is not protected by prccedure is for information only and does not become a par. cr an kontoe guaranty rand or other solvervy hnnd. p otecdon ertangernent. MB-2 0093b ~ r3...:.,aL9! CEt("i 18i°6`.ATE. OF M~lihANCE ` m/'' ❑ HOUSTON GENERAL INS. CO. T❑ HOUSTON GENERAL LLOYDS ~ 4. ❑ TRADERS & GENERAL INS. CO. - /rH PP\~ _ P.O.'BOx 2932 - - • . Ft. Worth, Texas 76113 - CERTIFICATE HOLDER - This Dert lficate is issued as a matter of information only and comers no rights upon the Certificate holder. This - certificate does not amend, extend or alter the coverage CITY OF DENTON described below. PURCHASING AGENT SID #1229 C.I.P. UTILITIES 9016 TEXAS STREET - WATERLINES DENTON, TEXAS 762,01 - - THE INSURANCE COiAPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE OF CANCELLA., TION TO CERTIFICATE HOLDER AT ADDRESS INDICATED ABOVE,-BUT FAILURE TO MAIL SUCH NO- TICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. - "THIS IS TO CERTIFY THAT INSURANCE POLICY(IES) LISTED BELOW ARE ISSUED TO THE NAMED INSURED" - ' NAME OF INSURED CIRCLE "C" CONSTRUCTION CO. - ADDRESS WILLIAM J. SCHULTZ, INC.: DBA P.O. BOX 40328 FT. WORTH, TX 76140 POLICY LIMITS OF LIABILITY TYPE OF INSURANCE POLICY NUMBER PERIOD EACH O EACH NCE AGGREGATE GENERAL LIABILITY = BODILY INJURY S' S ❑ COMPREHENSIVE ❑ NOP: CGM1IPREHENSIVE _ ❑ PROTECTIVE LIABILITY _ PROPERTY DAMAGE" $ ' $ ❑ PRODUCTi00MPLETED OPERATION - BODILY INJURY AND ❑ CONTRACTUAL LIABILITY PROPERTY DAMAGE (COMBINED $ ❑ PERSONAL INJURY MI SINGLE 5 ❑ BROAD FORM P O CSL ❑ `Applies to Products/Completed ❑ - Operations Hazard $ (PERSONAL INJURY) _ BODILY INJURY S AUTOMOBILE LIABILITY (EACH PERSON) ' BODILY INJURY S ❑ COMPREHENSIVE - ---(EACH 000URANCE)- ❑ NON COMPREHENSIVE PROPERTY DAMAGE S ❑ - BODILY INJURY AND PROPERTY DAMAGE S (COMBINED SINGLE LIMIT) CSL EXCESS LIABILITY ` _ BODILY INJURY AND PROPERTY DAMAGE ❑ UMBRELLA FCRM - - - (COMBINED SINGLE S_ - $ - - ❑ LIMIT) CSL WORKERS' COMPENSATION 08/ 12/91 and TO STATUTORY - EMPLOYERS' LIABILITY 05 TWO 1026396-00 08/12/92 S 500, 000 (EACH ACCIDENT) AUTOMOBILE PHYSICAL - - DAMAGE - SPECIFY - OTHER - - NAME AND ADDRESS OF AGENCY: JOHN A MILLER & ASSOC.INC. 2700 AIRPORT FREWY STE 3 . FT. WORTH, , TX .76111 _ Countersigned By ut onz D epresentanve Pool Acct. No. 0000312485 - - - - - - HUG -11 14 4-+ HMEF.'. IM RUTH PREc,S 617 4115 r1 cyy, t .n"~!2 r aZf'.ti?a! .Fn+l w( x - L "j:Ainc &e~~,r~ s1a`'"Jd 'i`tveyu~F' Ili ® - ! 0 ! h4 t -t ~'}:P~s se `~r"~~ t ISSUc DATE pd U1!`D/`n` : 'f r .x_o s:• - S". ~`C3'. .c s.: sv a y^ t=s 4! ."L.. ~w PROOUCEfl THIS CERTIFICATE ISSUED AS A MATTER OF SO RTIFIC N ONLY AND CONFERS NO R;ONTB UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, f, - EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. American Insurance Agency P.O. Box-170059 COMPANIES AFFORDING COVERAGE Arlington, Texas 76003 [817] 572'-3366 COMPANY. LETTER A Safeco - S! - COMPANY B' INSURED LETTER - ' Y CDC' Contractors COMPANY c P. 0. Box 62 COMPANY p Kennedale, TX 76060 LETTER COMPANY E ' LETTER q" a 5 EL F r }t?>.'<i. ;yy~h~ q;~ / ] je^;!' y t3 Fx. Sfv `±z 3t4 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA_FC, NOTWITHSTANDING ANY REOUTAEMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH TY.IS CERTIFICATE "Y. BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. a CO - PQLI~ EFFEOTIVE GGLiCY EXPIW:TYtI: LTA TYPE OF INSURANCE POLICY NUMB EA' GAH tCWcGIYYI GATE Im.uM;(Y) ALL LIW-S IN THOUSANDS GENERAL LIABILITY 2,00l A CDMIAERCIAL GENERAL LIAB141 ! I ?nOCUC' ° tore A' 1 Qor aAnsYT E ( OCiX? GE CP2256435 11-4-90 11-4-91 -L .Y 5 ] OCiO a CN'MN RE aCONTRACTORS'rnCT,CTIV_ - L"J~ -C -•,E Is I,QN -~S rya, Ozs.:T; c, $ 50 AUTOMOBILE LIABILITY i Asti 1r AUTO I !•j 1>000 A I I ONNED AUTOS F I Lev "'f X 'SCnEDUIEC AUTCS X FRED AUTCS IiYJLiY X OV O-NNED AUTCS BA2256435 71-4-90 11-4-91' "?Ea I'G ' E IT' GARAGE LIAB:Lf7! _ _ aaG~.ar 5. " _ GAGE ~ ~ ~A.° ?fi - EXCESS LIABILITY - :=T,NCe 't v OTHER THAR UMS2=LLA iDPa`.1 - - STATVTORY WORKERS' COMPENSATION AND Certificate has been ordered from Work S '-AC""-`"• EMPLOYERS' LiABI1.ITV Comp Pool - Carrier s Liberty 6lutuaT S GIs='= {.z - - OTHER 'r DESCRIPTION OF OPERATIO.NSILOCATIONS /VEHICLES/ RESTR:C'IONS/SPECIAL ITEMS ➢enton Fire Station Certificate holder is Additional Insured • E -_{rsS.c sM1".' r ° "'!..-xY: 't F};,. - • f3 sitJ: t#; rve+T'bz s``J.is"'r ti:+s4.'yi `„"t, < 0777 - . : ~ : k 5e rU..m. - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA,'CELLEO BEFORE THE E: PIP.ATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T4 City of Denton MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE R04DER NAMED TO TR' Denton, Te%a.S LEFT. q1 T FAILURE TO MAIL SUCH I:OTIC~~HALL IMPOSE NO OBLIGATION 0: ' LIA ITV 0 `KIND UPON THE COMPANY, T AGENTS OR'REPRE5ENYATIVE( :t Attn: Tom Shaw AUTHO P SENTAT1VE n V" Ali," s JI'J.''T t, CITY OF DENTON MINIMUM INSURANCE 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; I/ o The City of Denton shall be an additional named insured on all policies. I. Workmen's Compensation and Employer'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 Compensation - Statutory o Employer's Liability - Statutory II. Comprehensive Automobile LiabilThis 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 Hof 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 $1,000,000 III. Comprehensive General Liabilitv. 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 Insurance Recuirements page two 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: o A combined single limit of $1,000,000 rV-. Owner's Protective Liabilitv Insurance Policv. 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 $1,000,000 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 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 ariv 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 01/13/87 CITY OF DENTON Name and Address of Agency City of Denton Reference: Project Name: Project NO: Phone Project Location: I " - - - - - - - -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. Company Expiration Limits of Liability .Letter Type of Insurance Policy Number Date In Thousands 000 Comprehensive General Liability Occurrence - Occurrence - Claims Made (see #4-Page CI4) Bodily Injury $ Broad Fonn to Include: Property Damage $ - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury Damage Combined $ - Contractual Liability(see #3-Page CI4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page CI4) - Broad Form Property Damage - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Bodily Injury/Person $ Liability Bodily Injury/Accident $ - Owned/Leased Automobiles Property Damage $ - Non-owned Automobiles - Hired Automobiles Bodily Injury/Property Damage Combined $ - Workers' Compensation and - Statutory Amount Employers' Liability each accident - Owners' Protective Liability $ Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI4). a Name and address of Certificate Holder. ISSUED DATE CITY OF DENTON, TEXAS PURCHASING AGENT- - 901-B TEXAS ST. AUTHORIZED REPRESENTATIVE DENTON, TEXAS 16201 SEE DEFINITIONS ON PAGE CI4 ATTACHED. 1 CI - 3 J DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTUAL COVERAGE: (Liability assumed 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 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. 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 BID PROPOSAL l / DATE Proposal of C 7 ,j /74-F7/Z2-S A a Corporation.organized and existing.under'the laws of the State.of i zYA 5 or a Partnership consisting of (rr r 1.,.1:5 or an individual trading as ~i ,7A L_.F /Ll 4, < TO THE CITY OF DENTON DENTON, TEXAS Gentlemen: The undersigned hereby proposes to furnish all supervision, labor, materials, equipment, tools and necessary accessories for the construction of: 3 Fire Station No. 6 Denton, Texas As set by the Specifications and all in strict accordance with the ? Contract Documents for a total .pric ncluding all ified pri es gP _ n~ fri fixescr bf~e~ 1=t&- - ~~me - , r Dollars-- MZ 3 / Figures 3 (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 onthe Summary Sheet.) Contractor agrees to reach substantial completion on or before 6t y0 calendar days after the date of written 3 notice to proceed.' l Total base price includes the following line item price for paving identified for line item pricing: o~ r DollarszZZ 4q1 7. ~ a (Figures) o 7 a i .I SCHEDULE OF ALTERNATED: (SECTION 01030) Alternate No. 1: Delete "mini-blinds!' at all exterior windows ! as specified. <31t~D.(Circle One) $ / C)C,_ Alternate No. 2: Add workroom, weight room and bunker room at Station 6 as shown. DEDUCT/(jTM-D (Circle One) $ / 0• ` Alternate No. 3: Add workroom weight'room and bunker room at Station 5, Bonnie View and Windsor Roads, similar to as shown fo~ion 6 y'r ® a Alternate No. 4: Add drive at Station 5, Bonnie View and Windsor Roads, as shown. / / DEDUCT/1Q (Circle One) $ C- ~ C/ .2. 17 Alternate No. 5: Delete fire hose storage rack. / EDII ADD (Circle One) $67. c~ +111. Alternate No. 6, Delete split face block at masonry walls where shown; substitute.uncoursed roughly j squared Texas white limestone. Seal ; limestone as recommended by supplier for condition shown. (Circle One) $ Alternate No. 7: Delete split face block at masonry walls where shown substitute Grade SW, Type FBS Face.Brick, two colors and pattern as i selected by Architect. V DII /ADD (Circle One) $ f 7 Alterante No. 8: Delete resilient flooring at Kitchen and Dinning where indicated; add unglazed paver tile as specified. t -DEDUCT DD (Circle One) $ QQ t ;t UNIT PRICES: Unit prices for pier depth varying from estimated depth to bearing stratum indicated: 1611 piers with casing, add per linear foot. 16" piers without casing, add per linear foot. 16" piers with casing, deduct per linear foot. 1611 piers without casing, deduct per linear foot. 20" piers with casing, add per linear foot. 20" piers without casing, add per linear foot. 20" piers with casing, deduct per linear foot. 20" piers without casing, deduct per linear foot. 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. Alt) Signature X411.7,- Ji 2 TitX'e/Date I. Bid Proposal - 3 s r ~ Home Office: CBIC BID BOND 1213 Valley Street P.O. Box 9271 CONTRACTORS BONDING Seattle. WA 98109-0271 -AND INSURANCE COMPANY- - - - - - - - 800)765-CBICNational (206) 382-9623 FAX KNOW ALL MEN BY THESE PRESENTS: Thatwe, CDC CONTRACTORS, 711 MAGNOLIA, KENNEDALE, TX_ 76060 as Principal, (hereinafter called the 'Principal'), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto CITY OF DENTON, TEXAS. as Obligee, (hereinafter called the "Obligee"), in the sum of 5% OF GREATEST AMOUNT BID not to exceed TWENTY FIVE THOUSAND AND NO/100------------------------------- Dollars ($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 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for FIRE STATION #6, NEW CONSTRUCTION NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another patty 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 sealed this 6TH day of JUNE A.D.19 91 CDC CONTRACTORS (Seal) Principal Witness Title rely: Contractors Bonding and Insuranc Company ~ n Id , mat. By lea, 124 AJ BRENDA BILDERBACK Witness RA~HLEEN A. GILLESPIE Attorney-in-Fa COMPLAINT NOTICE Should any dispute arise about your premium In the event the insurer is unable to fdM 0c3doukN880Iainntth2t you have filed, write to the company that its contracW obGgallon under this poacy i5g~¢PL4f`Rh1Q bt117d:,°i9L~F^ rNyte ~~~jq~ ~nf IS not resolved, you may also or contract or appl cation or cortifirata t tS e4CWrOn PIS11 P.O. Box 149091, Austin, Texas or evidence of coverage, the pcL-ftWer emceal.o3-trsloo9vo 7$714-9091, FaX # (512) 475-1771. This notice of complaint or cerfificalaholda Is rd proms by an ~`°at"' Vmamy procedure is for Ird-ormafion a* a~ fora not bacofne a p t or m hind or °ti1e 0ht°"~ CBIC Home Office Limited 1213 Valley Street P.O. Box 9271 - CONTRACTORS BONDING Power of Attorney Seattle, WA 98109-0271 AND INSURANCE COMPANY' (206) 622a053 IQJOWALL MEN BY THESE PRESENTS than CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its;4:,. prncipadilliceinSeattle. "Count',WaslunglMdoes bythesepresentsmake, mradWteandappoint KATHLEENA.GILLESPIEcilrvirgiTexas, its auaaMlawful atlomey-in-fad,wiNfull powerand authority . hereby confened in its name, place and stead, to execute, aduwMedge all deliver: (1) SBA guaranteed penomwoe all payment halls not exceeding the penal sum of $1250,OD0: (2) bid bonds forjobs. where,if NeambactisawaNed, the SaAguararneed performance andWrpaymend bad(s)will rot exceed $1 =.DDO; (3) all other bads coded and classified by the SuretyAssociaticn ofAmerica in its Rus%. Manualo Fidelity, Forgeryand Surety Bonds (indudirgfubaeamerdm ntstlraW)nJuddal, Conbact(exduding bid bonds), Miscellaneous, License and Pemdk and Federalnotexaeding mepermisum . 0 $2,000,OW; (4) bid bonds forjobswdttenpursuant to dreatMa9y in dam (3) above where, itthecormact is awarded, the performances andlorpayment bond(s) will not exceed $2.000,0001 and (5) allother: bonds not exceeding the penal sum of $500,000. Provided, however, that KATHLEEN A. GILLESPIE is granted power and Sum" to exceed the applicable peral omit previously set forth for any bond in an` amowt eVal to the amount of any laher ofaediL or similar security, recarved as collateral security by the Company as an inducanem to issue the bond; and to brut the Company thereby as fully and to the same extent as it such bonds were signed by the President, sealed with dremporate seal of the Comparry and duty attested by its Secretary, hereby milling and confirming all that the said aromay4n-face! may do in the premises. Said appointment is made under and by auk* of the tobowtng resokudorls adopted by the Board of Dins= of the CONTRACTORS BONDING AND INSURANCE COMPANY on January 15 1991: RESOLVED that the President is authorized to appoint as atforr ;act of rite Cmpany KATHLEEN A. GILLESPIE with power and authority to sign on behad of the Compamy'(1)SBA - guaranteed performance and payment bands not exceedng the penal sum of $1,250,000; (2) bid bads forjobs whers.9the contract Is awarded. the SBA guaranteed pedonnance andlor. papnmbod(s)wik mtexceed$1,250,000;(3) al othabondaooded anddassified by the Su"Assodaaonof Amedain is Rate Mamalo Fidelity Forgery all Surety Bonds (inducing" Y„ huwreamendmems therelo) a9 Judicial, Corm (excluding bid bonds), Miscellaneous, License and Permit and Federal not exceeding the penal sum of$2,000,000;(4) bid bonds forjobs. wridenpursuantbtheauthonrymclause(3)abovewhere,iftheanbactisawarded,thepenomwoearxLapaymentbwd(s)MgmtexceadMpDO,000;and(5) aiomerbaxlsntnexaed'ug_.. ry-....- the Peal sum of$500,DD0.:.: RESOLVED FURTHER thatKATHL.EENA.GILLESPIEisgmntedpo andau m*towaedtheappliablepenallimhsetloMin Me preceding resokukonforany bondin anamoumecryal - reds amamtoar!Y loderof_cmdiLorsimaxrsocurhy eceivedmcdlateral seduiry by rice Oarnpany as aniMuament to issue the bad. RESOLVED FURTHER dwfieaudanryoftheSerretaryoftheCompvrytocadifytheaudlehudryand adecbvenessoftheforegobgtw~oresoluaonisinanyUrnitedPovieroAttdmeyshereby7 delegated to ft following persons, rite signature of anyoffl!e following todnd the Copanywdh respect todneauthenticity and effectiveness of the foregoing resolutbnsas it signed by the . , Seaelvy o the Company. Donald Sirlan. StwenA.. Gaines, Gary Bailey and Robert E Bladdxum, : - • : _ - - . 's!gnaauas(indurdng certification that the Power ofAdomey is stie in force all effect) ' RESOLVED FlIRTHFA that the ' of f the President, Notary Pubiicand person artilying authenticity and effectiveness, and the corporate and Notary seals appearing a arty i-i" Pmwer.of Atlomery curtaining this and the foregoing resdutione maybe by facsimile.... - z :RESOLVED FURTHER tltar all reedulona adoptrd pnortotodayappomtinpthe above namsdasadomey-m lactforCONTRACTORS BONDINGAND INSURANCE COMPANYare hereby superseded . INWTTNFSSWHEREOF CONTRACTORS BONDINGAND INSURANCECOMPANYhascausedthesepnsenstobesgnodhyis Presderdandisarporamseal lobenareataffixed INS 15thdayof January1991 _ . CONTRACTORS BONDING AND INSURANCE COMPANY N S00NDING S xn 1 : VOVLPORgr.'Pby ryri By..SEAL, ' _ Steven A. Opines, President, STATE OF WASHINGTON-w4OUNTY OF KING ` r rr44lj`q 79j9 0~ . .,..~.:L :....hw,~SHINGt , On tis 1511h dayoJanrwry,1991, personally appeared STEVENA. GAINES, to me pawn to bathe President a tie tporabon that executed thesregong frosted PonerofAdomey and aduww•ledgedsad Limited PowofAdaney to be the free andvohmsry act and deed of said cnuporabon, for the uses and purposesdrerein mentioned, and on oath stated that he is authdazed to execute the said United PO,ver ofAUarney , wwK DA@+.OL~d, . IN WITNESS WHEREOF, I have hereunto set my hand ell affixed my olficral seal the day and year fist abov a 9 . pn...... Notary Public in and.forthe state of Washington, resd'u1g at seams OF WA$H~N~ The undersigned, so" under authosi the Board of Direaoso CONTRACTORS SONDINGAND INSURANCE CO herebycerdfies, asor in Hsu ofCerfifiateotthe Secretary of CONTRACTORS - SONDINGAND INSURANCE COMPANY, thatthe above and foregoing is a hull, true and cared Mot the 0694W Powar of Ammey issued by said Company, and does hereby further artly that the said PovreroAtlomeyssti9intorceandedect.. GNFNadermyhandal-IRVING,' TEXAS "'.-,guy -6TH dayo JUNE ` 19 91" Of, PoaKGO102115011591 - ' - . eii II i ;e 1 II fl 11:~~.€, tl.1! Il.li.~~,11 Ii +1'` I II Il II ~j I! ;I I; I~ If=6= II Il.€1:11 li li.?~:il.'! ii:;~ jl T0631ii III I tBIC ~1° li I! Il - 31 I! t. {1 IE :~-:'_I{:.::I; Home'Office;..' E' „ + 11 I9 {I 11 ~I , II 1~ ° it it 1' 'I ' j1 { 4, i 11- j'" II Il II II ! imitedlj iI } 11' II 4 0.0.B6i9271 etj t J (I CONTRACTORS BONDING3 I1 w i t-Powers of Attorney 11 d I_ I 1 Seattle WA 98109;02711 I i{ a 11 .AND INSURANCE COMPANY (206) 622-705 3 ( ( II +1 11 It tl 11 i1:; { 61 'KNOWALLMENBYTHESE PRESENTSMWOONTRACTORS BON OINGANDIN§UFUNCECOMPAN,,aLmrpombon duty arpaNzed end exa6rp under the laws of the Stale of Washington, and hahrp hs 1 _ pdnppalothixiinSeasie lOrgCoimry Washfngmn does hytheseprasenLSmake.cdrishaneend eppoimKA7HEENA GILLEBPIE,oi Irving Texas, dsWeanduwlul enomey lit-lad,with full povrerandauthodryp hereby gonlerted in Ib name piece and Bleed to szeane Btknowledge and dokWc fit SBA guaranteed peilormaroe;and payment bonds &I exceeding the penal sum of $1,250000; (2) bid bonds for jobs y j--where dlhe cdmagmawarded; the SBApuaranleeEperMmadce erM/Gr payment boMts)wYl rotexEeed$1250000(3)all other Hands doled And dassifled by the SureryASSOdabon ofAmencamits Rate Manual o, Fide, Forgery and Sdrety Bonds (Indiidrg Iufure armMrirems theietd) as Judaal, Contract (excluding bid bonds) Misdelunsous, Lkense'aiM PenNt: end Federal not exceeding the penal sum - i i 11 I~61$2 DOe,000;(4)6d bonds for)obs wrhw punsiiatit to9u aulhoiiry in dause(3)abovevhere, If lhecordradt is awarded, the perlomurce and/orpaymem bond(s)win ridezmed$2,000,000; and (5) all other x bonds not bxi ee nand the penal solo of M,(ID0 Provided hMoWer, Inat KATHLEENA. GILLESPIE u granted powei end aNiwnry to exceed Ne appFcable penal limit prevbusly sat lorlli for arty bond in an i 1 , i , "amount equal to the amount of arty War of cm6t of eirrilar searlty na" as cdlateml semrlry, by the Company es an IMummem to Issue the land; and to NM the Conipany thereby is fusty and to the , borr ajerers thliPreadi ill thit I msame,do"Me premises w appoismmitnt by made " ifc W eudadty of the folbwing resolutions e' dopled by the Saftested oerd of Diiedom oltthrye COfrr RACT RS BONDING AND INSURRANCE COMPANY on lit 1 II aarmaryf511891. 13 i1- 31 °'I II II I i! j' li 3i, 13a 36 'I. i3. -II i1 iI 3- €1 Il t! ,:11 lii=~;:11-;:Ii~~~ 11 ,RESOLVED, Mat the PresidentisI auihod2ed to ' r ➢ • t t r e . , . , , , 1 ---1 appdnl as attortuy In factt tof the Company KATHLEEN A. GILLESPIE With power and authomy to sign on behall of the Comi any (1) SBA t 1 13 96ranae 04kemarwe and paymemborida mtexceedng the penaisdm of$1.250000 (2) bldbcnds farlobswhere if thecontrad isawarded the SBA guaranteed perrommraeardrori, I , I! , iI--- I'paymenlbond(s)WI not exoeed$1250,000;(3)allonrerbonds, mdedand dassifiedby ft Sureq%ASSoaaaonofAmedmin its Rate MarnralolPMesy,ForgeryandSuretyElandsQrkludirgIt -11 - 11 haureamendmems thereto)as Judaal;COnbact(axdudngbldboncis) Miscellsneous Laenseard Permit end Fedeml mtexmndiripihe nalaum6l$20D0000 (4) bldbondslor 1 lobs j1 9 ~wrilmnpias aulhariryindeupf(3)abovewture OitMCapredbewarded 0iepedormancleenNorpeymentboM(s)wiY mlexmed$2000000 and (S)aYOtherboedsmlaxdeedng f" !i I~ Ilyi) ~iMe penal mm- m 61 of $$OOOOOiI pow RFSOLVEDFUHTHERthdtYATHLEENAGILIESPlEi$granted or end authodrymexmed the appllcaWe penal limit miloth in Ilia`precedngresohmontor"bondinenemouniequai it 1 ' )ro the amdini of kri loner dine dr almnar sraudry, mdeived as c00ateral sem fty by the Cony as an inducan m ro issue the bond I t 3 , + 1 ! II ; ( t_. 11 'heaunuli i 1 ,RESOLVEDFURTHERfhmthea rhymtheSecrataryofmthe COmmnyto.rhlythnsdry endenectNenessolNeloregoing two mroremlutlonsinarryLimliedPOwerofAndrneyishereby I,delegared to hjfo"ngpersona tlm slpnamre ai any 61" foiip"rodnd the Company MM respedro theauhemapty and eneceJenassof the Weg npresoluhona as llsgned by Chef i Y 1 I Secretary m the Co°'Oarry: Donald Stian pSteven A Gaines, Gary Barley and Ruben E Bladdnm' 117:7 ! , i 1 " i ' t I it I i ' iii 3f II .11 11 11 !I ,i! i!. "'I - II t Gi ij I I ,RESOLVED FURTHER that thA spnahaes (Indbdirg cernfibenon nut ft Power ofAtrorney s -still inform and enact) of the President, Notary Public and person cemfying authennory and, I 1 enedlvenass And the doryorale and Noary mile apPeadrg on any limned Power of Attorney oorital this and the kregohgresoluhore may be afacsimile ` n I 3 I It I{-" !I ,....II: 11 -il ii .-3, ..•il I 1 1 . t , , ➢t 1 li " ' I - 13 a Id il Is ~1 1, Ij . 11- ~~:.r IROLrs VVEEdD FURTHER tha`ll resoiutlons adopt prior today appolmhg to above named so atrortieym!(dfor CONTRACTORS BONDINGA{i INSURANCE CbMiPAN'Yhereby!I 34 i J.1 1 11 i, a II I1~ !I tl Il ti i 14 li' t;4 it It IN WITNESS WHEREOF CONTRACTORS BONDIN16AND WSURANCE COMPANYIias ii usedtheseoigehtsu bid signed ty its, Pmsideet aMiu mryaate sealro be hereto affixed Ws 15thdayol.lanuaryII 11199, 13 j; 3d it 33 =-13 13 - I! I! I II EI 31 f/ tl I .11 ?I s1 1; !3 Y.lI . 11 ; Et ; 1! ~1 1~ 1l. :!1 r 11 11:~. ~I ,4 33- f; . I !G t € j tCONTRACTORS BONDINGAND INi;bh NCi bGlq awY I I i t - [ yypp it 1" - 1. !3' •t I i OWING 6 i 1 i ! 3r" ni , ! 3! r.. le 1, 11 11 71 1-= S0 /p ih4y t II t I A. 1 iroP .'gPORq•,Oby A i r. !I 11 i1 E I ! 111 !t 1 _,t 'IT IrF'"y='', it ; II ~i I! II it +:SEAIa1`•~s!# (1 II II `'i{ 3 . !9 i1., I 1,51 n veA Games Presided 1 ! f I I ° ( 1 I - 1 e a - (t I r I { ' I ( 13 € i ! ! I ! I I E 's % 1! i Pt 1t it II M) 11 11 {I .li 'a,i~ :J979 9 t 19 I ' STATE OF WASHINGTON-'OOl1NTY OF KING S _ E gg I i ! i, I ' + 1l~thu115th did a,umra jfe91 (I 5 11 It , -roI! t! 11 y ry permnAty appeared STVEN A GAINES to meknownbe the Pesident,oy the copoaM1Onhat executed the lorega {ng Limited Power olAnome mey and acknowledged said i _tUmded POwerolAtldmey to be tlreheeandvdunlary adand deedolsald mrpomaon, for the bass and lidrymesthemmnlentlonedaMonoathstMedlhetheisaulhodzed to exemu Mesald Umned Power ,1 ,IolAmmey 11 !f i3 ll 3l it 1+ it t! €1 ~;1 q ! + t tl PIT 7- kA 1 1 i IN WITNESS WHEREOF I have her9unlo sat my heM a nd a zed rtitoffal seat Me day and year nisi ebov 1 K DARE 11! 11 I; it _I! Il =f1=-11-= 11 Is: 11 :t x~+''°`ar°" °yt -_11 ! !j ji Il .ll ~!1 I' S` I; j If 1 {I ~ ~I Y+ iI ,11- ~I..-il __'-11' 1':19 t1 ~ 1 II: i.f. NO-~`.~ pi t,r ~i II S ti - I~ ~I 1R r~lE 1t ~ tl:i 1 1(=~ 'p 1t - ' - 11 ':'•~:;1'°tieuc ==11 ll ~ 11 li.. i~ ii 11 ;j I ! 1 ! ~ ll I{-r x192 °`'II 1 1{r i I f Notary Public in and for Me Sutereol Washirgtori residing st Seanle t 1 ` n 6~ s , - I I _ i ; " i € , ! ~ i i , il.. tl II !f I! -r~ t! II II`. t~- ~FWASHI~ tl -(1 i I tl t f+ i ii II gtre uMersgreC aceng under eudanry of the BOardd Direbron olCONTRACTORs BONb1NGANDINSl1RANCE CO ereby mmfies; as or in lieu of Cenifiwu of Ma Secreury ofCONTIUCTORS. t - i s BONDING AND INSURANCE COMPANY Mal the ~hoveland ioregoin"g ld a WY trite ei{M dorrect copy of the Odpmal Power of Abarirey issued by sald Company end does hereEy further wrM1H that the said t t3Pawar of AnonleybseYabrbs and abed. 31;""II II - 33 - 33- -Ii-=:1l. 13-'=1I 31 ~'(t -i►:•: t;. I! ;i - GIVEN under my nand at ZL9 :17{ I 1thu I ( 2].st' ! ! -day of i IAnTCYISr t { ! I - ! it '1991 - 1 I I II 1 11 It I! i_1! i t1 "il 1. i'~~ U t1 31'~I II t) i1~-11-=-ji kl iE it 'I 11= 11 fj. H l j~ 11 l I 1 j 61POaKGO102 US0 i169T'•' j, I E y {i 10RN1EY 71~ FACP E I t l ~~a ~ {x i,f ~ ! I (i ~ V I I ~ 7 i ~l ,-li , II I! li I II 1 @S V '~l i II !1 (1 it it 1i„ 1 II: 11 II f€ Ip li. II il' it 'I P ' ° Px l 11;,, I1 i I, -:z It I. i3 II If VI 11 II li 11 II 1t II rr I=:5 `I zz 11 {I i 11 I'I! Ii it Ills ~I-ii.~:ll i;~l iEI II Il.t~:i1.113l.1~ 1! II ~I; 34 r „~;,ys !1 11 II 1j -~s I ~ a rl St 11 ..II~,I 31 {.411 i) `_11^ .1€~~li••"^":I{ II I~ °T I ^-af{~~~ i~ I1• tt I 1j -3i hl 13 11 I' 41 13 II li I; !1 11 it f' . j._. rr•~ 1! s t I t ,t ( . i e`~ iE + t ri s , i ,I t , t 1 li 1.31. e.rt. ':iI .li IS I ,x r , + " }.,,.11a,;.tl.,..1► ,..II..:• i1..:.3I:..li..:.;1::.It :-1i ':h 1,-~-~,~ .l,~•~-;1-w~ I? ~ .II.. w '.9: \w _10cs\wt r i xk 1?/ _.113 AGREEMENT BETWEEN THE CITY OF DENTON AND MATRIX CONSULTANTS; INC. FOR ARCHITECTURAL SERVICES This Agreement is entered into on August 1991, between the City of Denton (Owner), a municipal corporation of the State of Texas, and Matrix Consultants, Inc. (Architect) whose business ad- dress is 10875 Plano Road, Suite 110, Dallas, Texas. Recitals On November 17, 1987, the Owner and Branch & Taylor Associates, Inc., entered into a contract to provide architectural services for the construction of two City fire stations, designated as Stations No. 5 and 6. In 1988, Branch & Taylor Associates, Inc. merged with 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-Humphreys 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. AGREEMENT The Owner and Architect agree as fol'lows:` 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 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 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 - 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 Page 2 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 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 authority to require additional inspection or testing of the work in accordance with the provisions of theContract Docu- ments, whether or not such Work is fabricated, installed or com- pleted. However, neither this authority of the Architect nor a decision made ingood 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 or 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 Contract Sum or an extension of the Contract Time which are not in- consistent with the intent of the Contract Documents. 1.12 On behalf of the Owner, the Architect shall conduct in- spections to determine the dates of Substantial Completion and Final Completion, and shall issue Certificates of Substantial and 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. 1.13 The Architect shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written. request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 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 Owner and Contractor, shall not show partiality to either, and shall not be liable for results for interpretations or decisions so rendered in good faith in accordance with all the requirements of this Agreement and in the absence of negligence. 1.15 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 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 authorized, Owner shall compensate Architect for the Additional services as provided in 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 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 Providing 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. 2.1.9 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, 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- tions of the Project provided as a part of Basic Services. 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 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- ments, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data per- 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 pits, 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. 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 - cation that would required knowledge or services beyond the scope of this Agreement. ARTICLE IV. 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) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 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 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 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 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-. 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 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 for Payment. ARTICLE VII. 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 those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement.. - 7.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, - assigns and legal-representatives of such other party with-respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 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- tractual relationship with or a cause of action in favor of"a third party against either the Owner or Architect. 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- tached No. 4. The Owner shall be named as an additional insured and shall be given 10 days notice of any cancellation. CITY OF DENTON (OWNER) B LLOYD V. HARRELL CITY MANAGER Page 9 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: AA I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY L MATRIX CONSULTANTS, INC., (ARCHITECT) By; KAT LEEN LUNS N, PRESIDENT ATTEST: SECRETARY Page 10. - s/ ISSUE 8 /1M/3/ 91 AI III ~~e CERTIFICATE OF INSURANCE in 0 DATE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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. AGENCY, INC. 10925 ESTATE LANE, SUITE 250 COMPANIES AFFORDING COVERAGE - DALLAS _TX 75238 COMPANYA DESIGN PROFESSIONALS INSURANCE LETTER COMPANY B INSURED LETTER COMPANY LETTER MATRIX CONSULTANTS, INC. COMPANY 10875 PLANO ROAD, SUITE 110 LETTER D DALLAS, TX 75238 COMPANYE LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 'CERTIFICATE MAV'BE'ISSUED'OR'MAY' PERTAIN'THE INSURANCE-AFFORDED BY'THE-POLICIES DESCRIBED`HEREIN-IS SUBJECT TO'ALC'THE'TERMS, ~ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION' LIMITS LTR' DATE (MM/DD/VY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person), $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY 111 PROPERTY DAMAGE $ EXCE SS LIABILITY I EACH OCCURRENCE R UMBRELLA AGGREGATE OTHER THANOUMBRELLA FORM WORKER'S COMPENSATION_ I _ I I STATUTORY LIMITS ' AND DISEASE-POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE-EACH EMPLOYEE $ OTHER A PROF LIABILITY PL441777-02 12/07/90 77;/97F250,000.00 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS THE CLAIMS MADE PROFESSIONAL LIABILITY COVERAGE IS THE TOTAL AGGREGATE LIMIT FOR ALL CLAIMS PRESENTED WITHIN THE POLICY PERIOD AND IS SUBJECT TO A DEDUCTIBLE. 'CERTIFICATE HOLDER. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF DENTON MAIL 1 o DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE JOE D. MORRIS, ASST. CITY ATT. LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR MUNICIPAL BUILDING LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. DENTON, TX 76201 AUTHORI2 R P ESE TAT VIE PA A IE I 46 LPL ACORDs25-S (7/90). „ , -=.fi'.`©WC, 6,C6RPORATIONLt990`