Loading...
HomeMy WebLinkAbout1995-160J:\WPD0CS\0RD\BID1788A.0RD ORDINANCE NO.� AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO ENTER INTO WATER AND SEWER FACILITY COST PARTICIPATION AND WATER MAIN COST PARTICIPATION AGREEMENTS AND A DEVELOPMENT CONTRACT AGREEMENT BETWEEN THE DEVELOPER (WAL-MART STORES, INC.) AND THE CITY OF DENTON FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OR IMPROVE- MENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improve- ments in accordance with the procedures of State law and City ordinances; and utilized these prices to determine the cost of participation in the agreements; and WHEREAS, in accordance with subchapter C, sections 212.071- 212.074 of the Texas Local Government Code and Chapter 34 of the Denton City Code, the City desires to enter into certain Water and Sewer Facility Cost Participation and Water Main Cost Participation Agreements and a Development Contract with Wal-Mart Stores, Inc. to provide 16-inch, 12-inch, and 8-inch water lines and an 8-inch water main, as well as a 12-inch sewer line to improve various Wal- Mart Stores, Inc. facilities within property located in the City and to provide water and sewer services to said facilities, as well as providing over -sized lines to expand the City's utility system and to insure adequate utility services to other customers; and WHEREAS, the City Manager or a designated employee has received and recommended that the City's participation in the herein described agreements is based upon the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; and WHEREAS, the City deems that it is in the public interest to enter into these agreements which call for the City's cost parti- cipation not to exceed Thirty Four Thousand Three Hundred Seventy One Dollars and Sixteen Cents ($34,371.16) for the sewer lines, One Hundred Four Thousand Five Hundred Fifty One Dollars and Ninety Five Cents ($104,551.95) for the water lines, and Thirty-four Thousand Nine Hundred Five Dollars ($34,905.00) for the water main, which later amount is $17,566.86 based upon Bid Number 1788A for Wal-Mart Stores, Inc.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following total municipal participation in the developer participation agreements for the construction of public works and improvements, as described in the "Bid Invita- tions", "Bid Proposals", plans and specifications or cost partici- pation agreements on file in the office the City's Purchasing Agent filed according to the bid number assigned thereto, is hereby accepted and approved as being based upon the lowest responsible bids: BID NUMBER PARTICIPATION DEVELOPER PARTICIPATION AMOUNT 1788A WAL-MART STORES, INC. $156,489.97 SECTION II. That the acceptance and approval of the cost participation agreements shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements. The developer (Wal-Mart Stores, Inc.) shall award a contract to 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, and insurance certificate after award of the bid. SECTION III. That the Mayor is hereby authorized to execute all necessary Water and Sewer Facility and Water Main Cost Partici- pation Agreements and a Development Contract between the City of Denton and Wal-Mart Stores, Inc. and all other contracts for the implementation of the cost participation agreements for construc- tion of the public works or improvements in accordance with the bids referenced and considered 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 specified sums contained therein as part of the cost participation agreement. SECTION IV. That upon acceptance and approval of the cost participation agreements and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved cost participation agreements and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. li PASSED AND APPROVED this the 62—d day of 1995. PAGE 2 THE STATE OF TEXAS S WATER AND SEWER FACILITY COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND WAL-MART COUNTY OF DENTON 9 STORES, INC. WHEREAS, Wal-Mart Stores,Inc., hereafter referred to as "Developer, whether one or more, whose business address is 701 S. Walton Blvd., Bentonville, Arkansas, 72716, wishes to develop and improve certain real property located in the City of Denton, Texas, or its extraterritorial jurisdiction, and is required to provide such property with adequate water and sewer by designing, con- structing and installing 1611, 12" and 8" water lines and a 12" sewer line to serve the subject property, hereafter referred to as "required facilities", and WHEREAS, the City of Denton, a municipal corporation located at 215 E. McKinney, Denton, Texas, 76201, hereafter referred to as "City", in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said required facilities to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1. Developer shall design, install and construct: (A) A 12" inside diameter size sewer line of approxi- mately nine hundred ninety (990) feet in length. (B) A 16" inside diameter size water line of approxi- mately three hundred fifty (350) feet in length. (C) A 12" inside diameter size water line of approxi- mately six hundred forty (640) feet in length. (D) A 8" inside diameter size water line of approxi- mately eight hundred twenty (820) feet in length. and all necessary appurtenances thereto, located as shown on Exhibit "A", attached hereto and incorporated herein by reference. 2. Prior to beginning construction of the oversized facilities, Developer shall execute, as required by Chapter 34 of the Code of Ordinances of the City of Denton a Development Contract, substantially in the form of Exhibit "B" which is COST PARTICIPATION AGREEMENT / WAL-MART STORES,INC. PAGE 1 incorporated as if written word for word herein and shall obtain, at Developer's sole cost and expense, all necessary permits, license, and easements. The deeds therefore obtained by Developer shall be reviewed and approved as to form and substance by City prior to beginning of construction. Any easements for the required facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the required facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. This Agreement is subject to and governed by the Develop- ment Contract and all applicable sections of the Code of Ordinances of the City of Denton. 3. (A) The City's share in the cost of the required facilities based upon Resolution No. R95-032 of the City Council dated June 20, 1995, shall be in an amount not to exceed: (1) Thirty four thousand three hundred seventy one dollars and sixteen cents ($34,371.16) for sewer lines. (2) One hundred four thousand five hundred fifty one dollars and ninety five cents ($104,551.95) for water lines. (B) The City may elect one of the following methods to determine the City's share of the cost: (1) In the event that the City's participation in the project is in excess of thirty percent (30%) of the total contract price, in accordance with §212.072 (b) and §212.071 of the Texas Local Government Code and §34-113 of the City Code, Developer shall pre- pare plans and specifications and furnish them to the City. City shall competitively bid the re- quired lines and oversized facilities in accordance with Chapter 252 of the Texas Local Government Code. The City's cost shall be a proportion of the lowest responsible bid, not to exceed the amounts maintained herein. (2) In the event that the City's participation in the project is thirty percent (30%) or less of the total contract price, Developer shall prepare plans and specifications and contract for the improve- ments with a qualified contractor who is acceptable to the City to construct the required line and oversized facilities. City shall pay the Developer the least amount of the following: (a) Thirty percent (30%) of the total contract price as provided for in §212.072 of the Texas COST PARTICIPATION AGREEMENT / WAL-MART STORES,INC. PAGE 2 Local Government Code; or (b) The not to exceed amounts set forth herein. (C) All amounts of the City's participation hereunder shall be paid by way of reimbursement to the Developer after the improvements have been constructed by Developer and accepted by the City in accordance with the procedures established in Chapter 34 of the City Code and in the Development Contract. City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing con- struction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the required facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the required facilities. 4. Within thirty (30) days of the acceptance of the facil- ities by the City, Developer shall submit to the City's Executive Director of Utilities satisfactory documentation evidencing the expenditures for the completion of the required facilities. Should the actual cost of the required facilities be less than the cost on which the City's share was determined, the City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the required facilities and the determined cost for required facilities. To determine the actual cost of the required facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the required facilities. 5. Within thirty (30) days of the date the Developer has submitted satisfactory documentation of the actual cost of the required facilities, City shall pay the Developer such amount in full, a maximum of thirty four thousand three hundred seventy one dollars and no cents ($34,371,16) for sewer lines and one hundred four thousand five hundred fifty one dollars and ninety five cents ($104,551.95) for water lines for a total not to exceed one hundred thirty eight thousand nine hundred twenty three dollars and eleven cents ($138,923.11). 6. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Executive Director of Utilities for the City as the address given above. COST PARTICIPATION AGREEMENT / WAL-MART STORES,INC. PAGE 3 7. Developer shall indemnify and hold City, its officers and employees harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractor or other persons with regard to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect City against any and all such claims and demands. 8. If Developer does not begin substantial construction of the required facilities within twelve (12) months of the effective date of execution of this agreement, this agreement shall termi- nate. 9. This instrument and the attached exhibits embody the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained herein. This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 10. This agreement shall not be assigned by Developer without the express written consent of City. 11. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of the contract, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas. Executed this the —)2---day95. WAL-MAR. STORES, INC. MmJ160 � i CITY OF DENTON, TEXAS WalEwtv- :0: COST PARTICIPATION AGREEMENT / WAL-MART STORES,INC. PAGE 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:` E:\WPDOCS\K\WATER&SE.WAL COST PARTICIPATION AGREEMENT / WAL-MART STORES,INC. PAGE 5 ; J 1•�.� N it t _ d � «,1}=_ = z L L _ OT ::::� : z • y, t f-G< :1« 5gggg1{3 VV... CNM 11 » HE I - C CCU e .psi z ri m X W _ z 3 C < H r s Se` e fit.. YQ «Y 96 o ffxt y§ In �' R .---------- J � ■a �I I I! `� 1 p a► �«- pes Iin C awn. J Ent ..wwr•w wnaw•T• :.. u • 7: nee �' C ►c f.{ i�i os CCC wt r� i F1 ral ri AAF.Ooo.97 THE STATE OF TEXAS § COUNTY OF DENTON S PROTECT NO- � 3 CONTRACT NO. 2�L DEVELOPMENT CONTRACT Whereas, Wal-Mart Stores, Inc. hereafter referred to as "owner," whose business address is 701 S. Walton Blvd., Bentonville, AR 72716 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicabls ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction_ of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the cityts specifications, standards and ordinances; and [select applicable provision as follows) = Whereas, the owner elects to construct the Tmprovements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "0'vner" or "Contractor" shall mean the Owner as named above; or EXHIBIT B 77L] whereas, the owner elects to make such Improvements hereafter Dal -Mac Construction Co. set forth by contracting with whose business address is P. 0. Box 830160, Richardson, Tx 75083 hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 1515 South Loop 288, Denton, Texas 76201 the owner, contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows! (a) SpecifigAlt s, To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of .the Citv's Standard Specifications for Public works construction, No _ Centr Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PACE 2 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer: Inspections Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division'I of the Standard Specifications for Public Works_ Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds: Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City"s Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage; Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 3. Occupancy; One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 6. Successor and Assigns..This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this of October OWNER , 1995 CONTRACTOR WAL-MART STORES, INC. DAL -MAC CONSTRUCTION COMPANY BY: J L BY: f / 1Oer �`a'I Bradford �ZTnN� Vile YfCC:Ae, Cil BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1�4_ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: V PAGE 9 EXHIBIT "A" PROPOSED BRINKER ROAD, SPENCER ROAD AND ONSITE DRAINAGE IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS BRINKER ROAD SPENCER ROAD AND ONSITF DRAINAGE IMPROVEMENTS Brinker Road (paving and drainage improvements only; water/sewer in Brinker Road right-of-way is included in Para. I above) A. Paving (asphalt or concrete) 6,000 SY $14.29 SY $85,740 B. Curb 3,545 LF S8.50 LF $30,133 C. Sidewalk 1,790 LF x 4' wide 795 SY $18.00 SY $14,310 D. Concrete Paving p Median Noses 52 SY $18.00 SY $936 E. Storm Drain 18" RCP, Class II1 355 LF $24.00 LF S8,520 21" RCP, Class III 207 LF $26.00 LF S5,382 24" RCP, Class 111 54 LF S28.00 LF S1,512 30" RCP, Class 111 84 LF $42.00 LF $3,528 36" RCP, Class 111 210 LF $55.00 LF S11,550 5' Curb Inlet 2 EA $1,600.00 EA $3,200 10' Curb Inlet 3 EA $2,400.00 EA $7.200 5' Square Manhole 2 EA $2,600.00 EA $5,200 30" Type "B" Headwall 2 EA $1,200.00 EA $2,400 36" Type "B" Headwall 1 EA $1,400.00 EA S1,400 8"-12" Rock Riprap 80 SY S75.00 SY $6,000 Geotextile Fabric 80 SY S5.00 SY S400 F. Pavement Markings and Traffic Signage 1 LS $5,000.00 IS $5,000 G. "End of Road" Barricade 70 LF $25.00 LF $1,750 Spencer Road A. Paving Asphalt 2" Overlay 615 SY S6.61 SY S4,065 B. Storm Drain 24" RCP, Class IV 120 LF S28.00 LF S3,360 Double 24" Type "B" Headwall 2 EA $1,000.00 EA S2,000 Onsite Drainage Improvements (Brinker Road storm drain outfall headwalls and rock riprap included in "Brinker Road" break-out above. Excavation 20,000 CY S2.50 CY S50,000 Concrete Swale 6,200 SF S3.25 SF $20,150 Erosion Control 1 LS $5,000.00 LS $5,000 Outlet Structure 1 EA $2,600.00 EA S2,600 48" RCP, Class III (to outfall p east property line) 261 LF $95.00 LF S24,795 48" Special Headwall and Baffled Outfall Apron 1 EA $2,600.00 EA S2,600 Riprap (10"-12" mortared rock) 165 SY S80.00 SY S13.200 Total Improvements S321,931 AAA019DF PERFORMANCE BOND BOND NO. 15-84-87 PROJECT NO. S- �3 CONTRACT NO. (p THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State -of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Thrt o hundred twenty one thousand nine hundred thirty one and no/100 ---------------- Dollars, lawful money of the United States, sum well and truly to be made we bind executors, administrators, and successors, and firmly by these presents: for the payment of which ourselves, our heirs, jointly and severally, THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated 0,¢k the day of October 1 19 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed an original, this the qth day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY:�� Bradford Mc Junkin, President ATTEST: SECRETARY SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA TORNEY-IN-FACT danice G. Correy NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. MUST NOT BE PRIOR TO DATE OF:CONTRACT. DATE OF BOND PAGE TWO AAA019DF BOND NO. 15-84-87 PROJECT NO. q5-�j CONTRACT NO. � PAYMENT BOND THE STATE OF TEXAS § COUNTY OF DENTON § THAT DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA _ 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of penngv ania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the -penal sum of Three hundred twenty one thousand nine hundred thirty one and no/100------------------------------- ($ 321,931.00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the A{A day of October 1995 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE oNr NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed.an original, this the Afh day of October , 19 95 PRINCIPAL DAL —MAC CONSTRUCTION COMPANY Bradford Mc Junkin, President ATTEST: "ECRETARY SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: ,ATTORNEY -IN -FACT Janice G. Correy NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO AAA019DF BOND NO. 15-84-87 PROJECT NO. �E— �5 CONTRACT NO. 2 6L CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter Called "City" in the penal sum Of Three hundred twenty one thousand nine hundred thirty one and no/100--------------------- (g321,931.00 Dollars, lawful money of the United States, the said sum being ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the Aik day of October , 19 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time.. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the qfh day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY: :?z ��l_� Bradford Mc Junkin, President SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA ATTORNEY -IN -FACT i Janice G. Correy PAGE TWO 11MVER OF AT1*0kIV ) The Insurance Company of the Slat, -f 1 ;-1—i lvania Principal Bona Of icc "t ('site Strcxi, Vcu KNOW ALL MEN BY THESE PRESENJ S That The Insi!ran,.e Compam of the Slate of F- I Pennsylvania corlx!r.u5 ; t • ,I !W —Joe Bruce. Janice C. Corre,,, Doroth\ 1 uicl,_ t,.,0,t(-cn Day, Pamelia McLentote: .,r 1)allaN, 1 vxas--- Its true and lawful Auomi:Nks)-in-Fact, urn I .I':, ,:h to exeulte on Its beh,,Il ,q•t,�l. ,�Ikfclt.tl u!t C- recugnv�tnrc_. sl.,; contracts of indl•fmwN and A!itmgN ,k!tf!; i• "it-rcof, Issued til tit; .uid iC• Iohu . . thereby IN WITNESS WHEREOF, The Insurance t nr,q)a:r• of the State of Pennsylvania has c�c•�tited these presents STATE OF NEW YORK I COUNTY OF NEW YORKIss. On this 21st of September, 1994, before me came the above named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual and officer described herein, and acknowledge(, that he executed the foregoing fristniment and affixed the w.il of said corporation !hereto M authority f n: office dos 2Is1 dal, of Se )it:utln- William Smith. Pt-• c ,,, XSEPH B. NO: 1 11-i r 'J Notary Public. Ste!e o! Now York No. 01-1`104652756 ,iivalified in Westc•,es!a` �Q lariat Expires Jen. A CERTIFICATE Excerpts of Resnluh. nil adopted hs Orel Board „f Dtre,tors of the haw at. c Companv of the Slatc of Penns'.I. mild oa \1.r, , H 976 "RESOLVED, that the Chapman ofthe hoard, the President. it mil Ile President he, and haeb% is. auOronred I, lifl,,tro \pnnte, in -1 n,I I, ropresent and I - . on behalf of the Companv to execute bonds, undertakings, recognt:an.a mid other ccnua is of mdenvnn and ,f•licat..r. In II,: •Leyte thocol. Milt r., et': the corporate seal of the Compam, in the transaction of its surer hus,ner< "RESOLVED, that the signatures and attestations of such ,dTi,en and the seal of the Company may be atfned to at1 such Power of Attome, or to ans .mdi,mc rele,.nt thereto by facsimile, and any such Power of Arb"e% or certificate tearing such facsimile signatures or faatmtie seal shall he valid aid binding up,n the C'ompa % when affixed with respect to anv Nand, undertaking, recognttance ,K other .,)nIFac1[ of indemnity or writing obllgaton- in the nature thereof. "RESOLVED, that ane such AuoriteN-tit-Fact delnamf; a woctarial ;Mil ication that the foregoing « .,Iuunta still be in etfe,.t etas msert In mch ,roficaunn ;he %v, thereof said date tr, he not later dean the date of dclrcer� lb,,cld I,, ,., J) \n.•mes-In-Fact." 1. Itivateth 11 I uLl. \oret.u} d I7tr In..uran,e C.nrl•.0 I:- ,t Pcnnsvlvania, do herehs ,ertds Chet Inc :, ,cti trig ex,:rpts of Re.nlwn,n „i,tned h, e , Dpeo,.n ..I On, - tin " end Ihr 1' •,. r+ I AtL r• -a. tell n, are true and corrnt and tY.at "ah 'h• ui! the t• •,.,i .-I '.: , 1, . , l . and etic,t INWf1NESS'v1aE12EOF it,.,.:,.,,_,., -.; ,'•,,,,,h,taa... In, .I,.l111,,. ,, .n Ill, dj, .It Vlv.ltx•Ih\1 lea. "it,rrt,I:" AA;6.00D97 THE STATE OF TEXAS COUNTY OF DENTON PROTECT NO. CONTRACT NO. n DEVELOPMENT CON' . CT Whereas, Wal-Mart Stores, Inc. hereafter referred to as "Owner," whose business address is 701 S. Walton Blvd., Bentonville, AR 72716 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the Cityfs specifications, standards and ordinances; and [select applicable provision as follows) 0 Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "owner" or "Contractor" shall mean the Owner as named above; or whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Dal -Mac Construction Co. , whose business address is P. 0. Box 830160, Richardson, Tx 75083 hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City,s specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 1515 south Loop 288, Denton, Texas 76201 n the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants Of Contract PM. Contractor agrees as follows: (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv's Standard 5,ecifications for Public works Constzuction No h Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such onrr I specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer• Inspections Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division'I of the Standard SRecifications for Public Works Construction. North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds; Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City"s Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond: Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PACP c; material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 3. Occupancy; One Lot Developments. owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 6. Successor and Assigns This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this day of October 1495 OWNER CONTRACTOR WAL-MART STORES C. DAL -MAC CONSTRUCTION COMPANY BY: BY: Bradford Mc Junkin, President ikssIe_Ircest CA CITY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 9 EXHIBIT "A" PROPOSED PUBLIC WATER AND SEWER UTILITIES IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS :Y t:►I� Y Y A. Sanitary Sewer 12" PVC SDR35 8" PVC SDR35 Manhole Manhole over Existing Line @ Spencer Road 2,620 LF $17.00 LF $44.540 345 LF $15.00 LF $5,175 10 EA $2,600.00 EA $26,000 1 EA $4,000.00 EA $4,000 B. Water (all of Lines A, B, C, D and E, excluding the domestic and irrigation service lines. 16" C-900 PVC 365 LF $36.00 LF $13,140 12" C-900 PVC 2,371 LF $21.00 LF $49,791 8" C-900 PVC 3,412 LF $15.00 LF $51,180 6" C-900 PVC 300 LF $14.00 LF $4,200 Fire Hydrant 14 EA $1.600.00 EA $22,400 16" Gate Valve 2 EA $4,000.00 EA $8,000 12" Gate Valve 5 EA $950.00 EA $4,750 8" Gate Valve 10 EA $600.00 EA $6,000 6" Gate Valve 14 EA $500.00 EA $7,000 3" Gate Valve 2 EA $400.00 EA $800 Cast Iron Fittings 3.5 TON $3,500.00 TON S12,250 20"xl6" Gifford Hill Concrete Pipe Tap I EA $5,000.00 EA S5,000 24" Bore and Casing 85 LF $180.00 LF S15,300 Water Meter (3" Compound) I EA $8.500.00 EA S8,500 Water Meter (2" Turbo) i EA $1,000.00 EA S1,000 Backflow Preventer(2") 1 EA $1.000.00 EA S1,000 Thrust Block 10 CY $200.00 CY 5W000 Taal Improvements S292,026 AAA019DF PERFORMANCE BOND THE STATE OF TEXAS § BOND NO. 15-84-85 PROJECT NO. S 2 2 CONTRACT NO. � COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Penns- vania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of..Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Two hundred ninety two thousand twenty six & 00/100 ($ 292,026 00 1 Dollars, lawful money of the United States, for the payment of which sum. well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated 91h the day of October , 19 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed an original, this the flh day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY:�,�_ Bradford Mc Junking President ATTEST: ACRETAY SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA TORNEY-IN-FACT "nice G. Correy NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. MUST NOT BE PRIOR TO DATE OF CONTRACT. DATE OF BOND PAGE TWO BOND NO. 15-84-85 PROJECT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of Two hundred ninety two thousand twenty six and no/100------------------------------------------------------- ($292,026.00 - ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the 9th day of October 1995 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed.an original, this the Ith_ day of October 1 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY: �?.2 U \� Bradford Mc Junkin, President ATTEST: AECRERTKRIV:e� SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: ATtORNEY-IN-FACT i Janice G. Correy NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge .the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. . PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the %_ day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY:��_• 'Bradford Mc Junkin, President SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: ATE RNEY-IN-FACT Jdnice G. Correy PAGE TWO AAA019DF BOND NO. 15-84-85 PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF'DENTON S That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Two hundred ninety two thousand twenty six and no/100-----------------------------------fig 292,026.00 Dollars, lawful money of the United States, the said sum being ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the �i _ day of October , 19 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loov 288, Denton, TX PAGE ONE POWER OF ATTORNEY The Insurance Company of the State of Pennsylvania Principal Bond Office: 70 Pine Street, New York. N Y Io270 No u•/_ti-it(,ulo KNOW ALL MEN BY THESE PRESENTS: That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, does herebs appoint —Joe Bruce, Janice G. Correy, Dorothy Valek, Kathleen Day, Pamelia McLemore: of Dallas, Texas — its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligaton in the nature thereof, issued in the course of its business, and to bind the company thereby IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania has executed these presents STATE OF NEW YORK ) COUNTY OF NEW YORK)ss. this 21 st day of Sevtember,1994 William D. Smith, President On this 21st of September, 1994, before me came the above named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual 30SEPH E. NOZZOLlO and officer described herein, and acknowledged that he Naary Public, Stare of New y ork executed the foregoing instrument and affixed the seal of said No. 01•N04652754 corporation thereto by authority Ex of his office. �ioalifiin West c 3esrer Ism ExJsn. 1, �. CERTIFICATE Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania, on May 18, 1976 "RESOLVED, that the Chairman of the Board, the President, or any Vim President be, and hereby is, authorized to appoint Attomeys-in-Fact to represent and act fir and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that any such Attorney-m-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert to such certification the date thereof, said date to be not later than the date of delivery thereof by such .Attorney -in -Fad." 1, Elizabeth M Tuck Secretary of The Insurance Company of the State of Pennsylvania, do hereby owify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are We and correct, and that both the Resolution and the Power of Attorney are in hill flxce and effect IN WITNESS WHEREOF, I have hereunto set ins hand and affixed the facsimile seal of the corporation this day of &ij"_ Elizabeth M Tuck, Secretary AAA-.00D97 PROJECT NO. '' "g CONTRACT NO. � ? v THE STATE OF TEXAS DEVELOPMENT CONTRACT COUNTY OF DENTON Whereas, Wal-Mart Stores, Inc. hereafter referred to as "owner," whose business address is 701 S. Walton Blvd., Bentonville, AR 72716 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the city's specifications, standards and ordinances; and (select applicable provision as follows) = Whereas, the Owner elects to construct the Improvements Without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "owner" or "Contractor" shall mean the Owner as named above; or [� whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Dal -Mac Construction Co. , whose business address is P. 0. Box 830160, Richardson, Tx 75083 hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, Which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 1515 South Loop 288, Denton, Texas 76201 the owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants Of Contracto . Contractor agrees as follows: (a) SSpecificat9ons. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of.the Citv's Standard Specifications for Public Works Construction North central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer• Inspections Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division*I of the Standard Specifications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds; Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond• Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage; Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 3. Occupancy; One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 6. Successor and Assigns This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. OWNER Executed in triplicate this WAL-MART STORES, BY: 0.,_e �rs eh+ ATTEST: JENNIFER WALTERS, CITY SECRETARY .44Z 41 i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: b'� Q, _ day Of October 1995 CONTRACTOR DAL -MAC CONSTRUCTION COMPANY B Y : Bradford Mc Junkin, President CIT) BY: n\� PAGE 9 EXHIBIT "A" PROPOSED LOOP 288 IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS PROPOSED LOOP 288 IMPROVEMENTS A. Paving Asphalt (including three driveway replacements) 1-1/2" Type "C" 3,950 SY $2.99 SY 7-1/2" Type "A" 7,160 SY $14.85 SY Concrete Approaches for Brinker Road and Wal-Mart center drive 630 SY $21.15 SY 6" Lime Stabilization 4,800 SY S2.86 SY Concrete Median 966 SY $18.00 SY B. Sidewalk (adjacent to Loop 288 Wal-Mart frontage) 650 LF x 4' wide 290 SY $18.00 SY C. Pavement Marking and Signs Remove Pavement Markings D. Culverts 21" RCP, Class III 18" RCP, Class III 24" RCP, Class III 18" Safety End Treatment 21" Safety End Treatment Type "H" Horizontal Inlet E. Signalization (per signalization plans package) for Loop288 at Spencer Road intersection F. Construction Traffic Control G. Hydromulch Seeding (includes Wal-Mart side only, all disturbed non -paved right-of-way) H. Roadway Excavation 1. Sawcut and Remove Existing Paving Total Improvements 1 IS $5,000.00 LS 90 LF $26.00 LF 99 LF $24.00 LF 23 LF $28.00 LF 6 EA $1,200.00 EA 2 EA $1,200.00 EA 1 EA $3,000.00 EA 1 LS $68,000.00 LS 1 LS $3,825.00 LS 5,550 SY 1,850 CY 450 SY $0.36 SY $3.40 CY $4.50 SY $11,811 $ W6, 326 $13,325 $13,728 $17,388 $5,220 $5,000 $2,340 $2,376 $644 $7,200 $2,400 $3,000 $68,000 $3,825 $1,998 $6,475 $2.025 $273,081 AAA019DF PERFORMANCE BOND THE STATE OF TEXAS § BOND NO. 15-84-86 PROJECT NO. CONTRACT NO. 7 b COUNTY OF DENTON § KNOW :ALL MEN BY THESE PRESENTS: That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Two hundred seventy three thousand eighty one and no/100 Dollars, lawful money of the United States, sum well and truly to be made we bind executors, administrators, and successors, and firmly by these presents: ------ (S 273,081.00 for the payment of which ourselves, our heirs, jointly and severally, THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated _ckAK— the day of October , 1995 in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation. shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 0.4A day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY:��� Bradford Mc Junkin, President ATTEST: "ECRETY _j SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA A ORNEY--IN-FACT / Janice G. Correy NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. MUST NOT BE PRIOR TO DATE OF CONTRACT. DATE OF BOND PAGE TWO AAA019DF BOND NO. 15-84-86 PROJECT NO. j ;Zq CONTRACT NO. --L7y PAYMENT BOND THE STATE OF TEXAS § COUNTY OF DENTON § THAT DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700;.Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of Two hundred seventy three thousand eighty one and no/100---------------------------------------------- ($ 273,081.00 - ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the 0 jk day of October , 19 95 in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONP NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby 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, Drawings, etc., 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. each of IN WITNESS WHEREOF, this instrument is executed one of which shall be deemed.an original, this October 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY .BY: Bradford Mc Junkin, President ATTEST: SECRETARY SURETY in triplicate, the qth day THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: /L " om., VTORNEY-IN-FACT �fanice G. Correy NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. DACF mrtn AAA019DF BOND NO. 15-84-86 PROJECT NO. - ) CONTRACT NO. n i v CONTRACTORS MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsyivania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Two hundred seventy three thousand eighty one and no/100---------------------------------- ($273 081 00 Dollars, lawful money of the United States, the said sum being ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the Ckii,% day of October 19 95 in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further,'that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 01th day of October , 19 95 PRINCIPAL SURETY DAL —MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: , Ir��� BY: 1/.'�. Bradford Mc Junkin, President AXRNEY—IN—FACT / janice G. Correy PAGE TWO THE STATE OF TEXAS 5 COUNTY OF DENTON 9 WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND WAL-MART STORES, INC. WHEREAS, Wal-Mart Stores, Inc., hereafter referred to as "Developer," whose business address is 701 S. Walton Blvd., Bentonville, Arkansas 72716, wishes to develop and improve certain real property named Wal-Mart Addition (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate water capacity by designing, constructing and installing a water main of a minimum inside diameter of eight inches (811), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1. Developer shall design, install and construct a twelve in- ch (1211) water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities,", located as shown on Exhibit I, attached hereto and incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer has entered into a Development Contract prior to beginning construction of the oversized facili- ties. This Development Contract is attached hereto as Exhibit II and incorporated herein by reference. This Agreement is subject to and governed by this Development Contract and any other applicable ordinances of City. 3. Prior to beginning construction of the oversized facili- ties, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the begin- ning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documen- tation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the oversized facilities obtained by the WATER MAIN PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 1 Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the oversized facilities, and Developer war- rants clear title to such easements and will defend City against any adverse claim made against such title. 4. City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City, and the cost of the oversized facilities, as determined by City, shall be in an amount not to exceed Seventeen Thousand Five Hundred Sixty-six Dollars and Eighty-six Cents ($17,566.86). City may elect one of the following methods to determine City's share of the cost: a). Developer shall prepare plans and specifications and furnish them to City. City shall competitively bid the required line and the oversized facilities in accordance with Chapter 252 of the Texas Local Government Code. The difference in the bids shall be used to determine City's share, subject to City's maximum participation in cost as specified in this Agreement; or b) Developer shall prepare plans and specifications and take bids on the required line and the over- sized facilities. City shall pay Developer the least amount of the following: (1) The difference in the bids for the required line and the oversized facilities; (2) Thirty percent of the bid on the oversized facilities, as provided for in §212.072 of the Texas Local Government Code; or (3) $17,566.86, the maximum participation cost al- lowed herein. City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construc- tion; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities. 5. Within thirty (30) days of the acceptance of the facili- ties by City, Developer shall submit to City's Director of Utili- ties the actual cost of the oversized facilities. Should the actual cost of the oversized facilities be less than the cost upon which City's share was determined, City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon WATER MAIN PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 2 the difference of the actual cost of the oversized facilities and the determined cost for required facilities. To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to summit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the over- sized facilities. 6. Within sixty (60) days of the date Developer submits sat isfactory documentation of the actual cost of the oversized facili- ties, as determined by City, City shall pay to Developer City's share of the cost thereof. 7. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for City at the address given above. 8. Developer shall indemnify and hold City, its officers and employees, harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contrac- tors or other persons with regard to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect City, its officers and employees, against any and all such claims and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of execution of this agreement, this agreement shall termi- nate. 10. This instrument embodies the whole agreement of the par- ties hereto and there are no promises, terms, conditions or obliga- tions other than those contained or incorporated herein. This agreement shall supersede all previous communications, representa- tions or agreements, either verbal or written, between the parties hereto. 11. This agreement shall not be assigned by Developer without the express written consent of City. 12. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this agreement, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas. WATER MAIN PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 3 Executed this, the �� day of 1995. WAL-MART STORES, INC. WIN CITY OF DENTONI TEXAS I" Gec ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY E:\WPDOCS\K\WALMRT.WM WATER MAIN PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 4 N r ' 7 e; 'e TZ Li r w a / � f W_ V O � L •� t W N r€ W :§` •:r 9 Y r C < F- _77 - / _ C r i t•. z C le_ p Yf tl I• t <iwilr I= oue ��'yay�r • 1 mu ow \czQ S �S yyGyreyyepp e }e!{[n�� 1' •i7 I �Lw •Sj �= It ��lil ■EEE .� iiiiii , Z. :•�!. •, 7 �• _rn. I � CCC r w n I:a•.w ..• Y 1� TL.! I • r 1' w - K , t W..00D9 7 THE STATE OF TEXAS COUNTY OF DENTON § Whereas, PROJECT NO. LZ 3 CONTRACT NO. 2L� DEVELOPMENT CONTRACT Wal-Mart Stores, Inc. hereafter referred to as "Owner," whose business address is 701 S. Walton Blvd., Bentonville, AR 72716 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "city"; and Whereas, as a condition to the beginning of construction_ of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the cityfs specifications, standards and ordinances; and [select applicable provision as follows) [� Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner's or "Contractor" shall mean the owner as named above; or EXHIBIT 11 whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Dal -Mac Construction Co. whose business address is P. 0. Box 830160, Richardson, Tx 75083 , hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, Which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hareto and incorporated by reference, to be installed and constructed at 1515 South Loop 288, Denton, Texas 76201 the owner, contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenantg of contractor. Contractor agrees as follows! (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of ,the City's Standard specifications for Fublic works Construction North Central_Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer: Inspections, Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds: Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage; Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 3. Occupancy; One Lot Developments. Owner further agrees as follows: (a) That owner will 'not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 6. Successor and Assigns..This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this assigns. October 1995 OWNER CONTRACTOR WAL-MART STORES, INC. DAL -MAC CONSTRUCTION COMPANY BY: BY: T 6r Lip Bradford Mr Jimkin_ P cc; ie a tlaN} V �e �c�t',c�e„ CII ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1 a tl 1 %X Fi v LM PAGE 9 EXHIBIT "A" PROPOSED BRINKER ROAD, SPENCER ROAD AND ONSITE DRAINAGE IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS BRINKER ROAD SPENCER ROAD AND ONSITE DRAINAGE IMPROVEMENTS Brinker Road (paving and drainage improvements only; water/sewer in Brinker Road right-of-way is included in Para I above) A. Paving (asphalt or concrete) 6,000 SY $14.29 SY $85,740 B. Curb 3,545 LF S8.50 LF $30,133 C. Sidewalk 1,790 LF x 4' wide 795 SY $18.00 SY $14,310 D. Concrete Paving @ Median Noses 52 SY $18.00 SY $936 E. Storm Drain 18" RCP, Class III 355 LF $24.00 LF S8,520 21" RCP, Class III 207 LF S26.00 LF S5,382 24" RCP, Class III 54 LF $28.00 LF $1.512 30" RCP, Class III 84 LF $42.00 LF $3,528 36" RCP, Class III 210 LF $55.00 LF S11,550 5' Curb Inlet 2 EA $1,600.00 EA S3,200 10' Curb Inlet 3 EA $2,400.00 EA $7,200 5' Square Manhole 2 EA $2,600.00 EA $5,200 30" Type "B" Headwall 2 EA $1,200.00 EA $2,400 36" Type "B" Headwall 1 EA $1,400.00 EA $1,400 8"-12" Rock Riprap 80 SY S75.00 SY $6,000 Geotextile Fabric 80 SY S5.00 SY $400 F. Pavement Markings and Traffic Signage 1 LS $5,000.00 LS $5,000 G. "End of Road" Barricade 70 LF $25.00 LF $1,750 Spencer Road A. Paving Asphalt 2" Overlay 615 SY S6.61 SY S4,065 B. Storm Drain 24" RCP, Class IV 120 LF $28.00 LF S3,360 Double 24" Type "B" Headwall 2 EA $1,000.00 EA S2,000 Onsite Drainage Improvements (Brinker Road storm drain outfall headwalls and rock riprap included in "Brinker Road" break-out above. Excavation 20,000 CY S2.50 CY S50,000 Concrete Swale 6,200 SF S3.25 SF $20,150 Erosion Control 1 LS $5,000.00 IS $5,000 Outlet Structure 1 EA $2,600.00 EA S2,600 48" RCP, Class III (to outfall @ east property line) 261 LF $95.00 LF S24,795 48" Special Headwall and Baffled Outfall Apron 1 EA $2,600.00 EA S2,600 Riprap (10"-12" mortared rock) 165 SY S80.00 SY S13.200 Total Improvements S321,931 AAA019DF PERFORMANCE BOND THE STATE OF TEXAS § BOND NO. 15-84-87 PROJECT NO. 5 �3 CONTRACT NO. _2 q COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State- Of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of _Three hundred twenty one thousand nine hundred thirty one and no/100 ---------------------- (S 321 931.00 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated 0N{h the day of October 19 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed an original, this the qth day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY:�� Bradford Mc Junkin, President ATTEST: SECRETARY SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA TORNEY-IN-FACT ,Janice G. Correy NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. MUST NOT BE PRIOR TO DATE OF CONTRACT. DATE OF BOND PAGE TWO AAA019DF BOND NO. 15-84-87 PROJECT NO. qf- %j CONTRACT NO. 26 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF DENTON § THAT DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsvlvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of Three hundred twenty one thousand nine hundred thirty one and no/100 ------------------------------- ($ 321,931.00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the Ok4k day of October , 19 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PArr nmr NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety fbr value received hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed -.an original, this the Afh day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY:�"�` Bradford Mc Junkin, President ATTEST: AECRETAVRY SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: �T� TTORNEY—IN—FAC� Janice G. Correy NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO .MT6 • l a BOND NO. 15-84-87 PROJECT NO. �5 CONTRACT NO. 2 61 CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Three hundred twenty one thousand nine hundred thirty one and no/100-=------------------- ($321,931.00 1 Dollars, lawful money of the United States, the said sum being ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the diih day of October , ig 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge .the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time.. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the Jfh_ day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY: 'G\n•L—� Bradford Mc Junkin, President SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: A TORNEY-IN-FACT if Janice G. Correy PAGE TWO PO\VER OF ATTORti F"t The Insurance Conlpanv of the Matt ,` E • 1.;l.civania Principal Bona Ofticc 'I- Pate mreej. Ncw KNOW ALL MEN BY THESE PRESEtiI � That Tile {llsuran z (bmpanv oCthc State of }, ,_,., .•...:.,,, .i i'enns}'h'ama cor}x)r.tu ', 1:; t, ,I: ,r'r —Joe Bruce, Janice C. Correy, Dorothy 1 awk, i, �014c-cn Day, Pamelia McLemore: ;it D411a., *texas -- Its true and IwAful AtloiliCv(S)-ill-fACt. Nall ;i:,; e,.1 ;:, ,11A to execute oil its behail rp,t.,), inde, lai.l figs, rccogrllt/mnrCr. .11!0 contracts of lndenuu(y alit) wrltltlgs ilg", " < iLe reo )f, issued Ii! tiii _ u1(tGo aiid iF :'!I„i thereby IN WITNESS WHEREOF, The Insurance Conilmir. 0I the State of Pennsylvania has cw,_wed these presents STATE OF NEW YORK ) COUNTY OF NEW YORK)ss. ihfs 2lsi da} ofSehturm(KI.. William D South. Ptt s•ct l' On this 21 st of September, 1994, before file came the above named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the indnidual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seFil of said corporation thereto bs authority 'f h:s office 10SEPH S. NOZZ000 Notary Public. Stare o/ tda y ork No. 01-NO4552754 0ual'rfiad in Westc•,aslei iorm Expires Jan. '1, ' CERTIFICATE Excerpts of Resolun.m adopted bs the Hoard of Dlresturs 4'111, htsut m.'a Compare of the state of Pcrinaclsmna, on s1e, i R 1476 "RESOLVED, that the Chairman of the &card, the President, .,r m!, ', irc President be, and hereby is, audioniad o- yip nit \notne,­in I -.,a h, iapresent and .. I-, m behalf of the Company to execute fronds, undertakings, recogniranca and other contracts of mdetivnit and +n, m,g ,bllgab •n in the 'lat!ne d,cre"L M'd to av... !' . •• the corporate seal of the Company, in the transaction of its surcn busol . -RESOLVED, that the signatures and atteslations of such ,Alicets and the seal of the Company may be affixed to at» such Power of Attomcs or to am .ern i,av relannc thereto by fammde, and any such Power of Anorney or certificate hearing such facsirmle signatures or fau-stmde seal shall be valid mid binding upon the Compan. when affixed with respect to any hand, undertaking, reeogni7arice .ir other contrail of indemnity or writing obligaton in the nature thereof. "RESOLVED, that any such Atlomev-m-Fad dch,enng a secretariat :Mifi.ation that the foregoing rc,ohnans still be in effect mat iwwrt in such .c;liticatnn the :at: thereof. said date to he nrA later than the date of deliver there„ f b, cu,h Att.,met-m-Fact " 1. Eili7atxth 11 fuik laoa.uti ,,1 -Ihe hisurance G-wi,m, r 1•,. .,a< ,I Penasvlranta, do hereh, sefld\ th.it ate :'acq mg excerpts of Rc,olultml to, pled hs c• :* ' Duedon.,f fill. ,.,-en..n, ,,rid the P.-„o I VI. tl, -:: -hit eui, are tnie mid :orrect, and that t. (h ,h. Fcc„ lutum and the -I mid effect INWINESS51!IEREI)F ilia. -,...icon wi me tncaunue cal •q vi,,." , ti th1, .tat "I 1 1lialx�lh \1 l u. k �� c rrl.tr. rAAA.00D97 PROJECT NO. `' )2 CONTRACT NO. 2A THE STATE OF TEXAS COUNTY OF DENTON DEVEIAPMENT CO Whereas, Wal-Mart Stores, Inc. hereafter referred to as "Owner," whose business address is 701 S. Walton Blvd., Bentonville, AR 72716 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the Cityis specifications, standards and ordinances; and [select applicable provision as follows] CJ Whereas, the Omer elects to construct the Improvements without contracting with another party as prime contractor, in which Case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or whereas, the Owner elects to make such Improvements hereafter Dal -Mac Construction Co. set forth by contracting with , whose busines6 address is P. 0. Box 830160, Richardson, Tx 75083 !. hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the city has an interest in ensuring that the Improvements subject to this agreement, Which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 1515 South Loop 288, Denton, Texas 76201 the owner, contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv's standard Specifications for Public works Construction North eentr Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer; Inspections, Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the standard specifications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds: Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the state of Texas; or, PAGE 4 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied nar_r G material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage; Final Payments. [This provision (c) applies only where the Owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PACP F lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 3. Occupancy; One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 6. Successor and Assigns This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this day of October 1095 OWNER CONTRACTOR WAL-MART STORES C. DAL -MAC CONSTRUCTION COMPANY BY: I BY; '/*W o } g�a` tt Bradford Mc Junkin, President s�-r,v.A- ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4zztey APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: iJ> �r D FAernl CITY OF DENjON, TEXAS De PAGE 9 EXHIBIT "A" PROPOSED PUBLIC WATER AND SEWER UTILITIES IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS A. Sanitary Sewer 12" PVC SDR35 8" PVC SDR35 Manhole Manhole over Existing Line @ Spencer Road 2,620 LF $17.00 LF $44,540 345 LF $15.00 LF $5,175 10 EA $2,600.00 EA S26,000 1 EA $4,000.00 EA $4,000 B. Water (all of Lines A, B, C, D and E, excluding the domestic and irrigation service lines. 16" C-900 PVC 365 LF $36.00 LF $13,140 12" C-900 PVC 2,371 LF $21.00 LF $49,791 8" C-900 PVC 3,412 LF $15.00 LF $51,180 6" C-900 PVC 300 LF $14.00 LF $4,200 Fire Hydrant 14 EA $1,600.00 EA $22,400 16" Gate Valve 2 EA $4,000.00 EA $8,000 12" Gate Valve 5 EA $950.00 EA $4,750 8" Gate Valve 10 EA $600.00 EA $6,000 6" Gate Valve 14 EA $500.00 EA $7,000 3" Gate Valve 2 EA $400.00 EA $800 Cast Iron Fittings 3.5 TON $3.500.00 TON S12,250 20"x16" Gifford Hill Concrete Pipe Tap I EA $5,000.00 EA S5,000 24" Bore and Casing 85 LF $180.00 LF S15,300 Water Meter (3" Compound) 1 EA S8,500.00 EA S8,500 Water Meter (2" Turbo) 1 EA $1,000.00 EA S1,000 Backflow Preventer(2") 1 EA $1,000.00 EA S1,000 Thrust Block 10 CY $200.00 CY $,1,000 Taal Improvements $292,026 AAA019DF PERFORMANCE BOND THE STATE OF TEXAS § BOND NO. 15-84-85 PROJECT NO. 2 CONTRACT N0. COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsy vania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of -Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Two hundred ninety two thousand twenty six & 00/100 ($ 292,026 00 Dollars, lawful money of the United States, for the a p yment of which sum- well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated lih the day of October 1 19 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed an original, this the October lg 95 114 day of PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY: Bradford Mc Junkin, President ATTEST: ACRETARY SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA FTORNEY-IN-FACT anice G. Correy NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWn AAA019DF BOND NO. 15-84-85 PROJECT NO. 6 CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of Two hundred ninety two thousand twenty six and no/100 ($292,026.00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the qfh day of October , 1995 in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby 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, Drawings, etc., 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. each of IN WITNESS WHEREOF, this instrument is executed in triplicate, one of which shall be deemed.an original, this the nth day October 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY .BY: �?'2 U L� Bradford Mc Junkin, President ATTEST: AECRATARY SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: ORNEY-IN-FACT i Janice G. Correy NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGF. TWO NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out- of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclu-cive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge .the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. . PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. each of IN WITNESS WHEREOF, this instrument is executed one of which shall be deemed an original, this October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY: _21� \."_ __- Bradford Mc Junkin, President SURETY in triplicate, the %_ day THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: r 9� AT� RNEY-IN-FACT Jdnice G. Correy PAGE TWO AAA019DF BOND NO. 15-84-85 PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvinia and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Two hundred ninety two thousand twenty six and no/100-----------------------------------19 292.026.00 Dollars, lawful money of the United States, the said sum being ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the �{ _ day of October , 19 95 , in the Proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE POWER OF ATTORNEY The Insurance Company of the State of Pennsylvania Principal Bond Office: 70 Pine Street, New fork. N Y 10270 No o9-t34u,1ilf, KNOW ALL MEN BY THESE PRESENTS: That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, does hereb} appoint --Joe Bruce, Janice G. Correy, Dorothv Valek, Kathleen Day, Pamelia McLemore: of Dallas, Texas — its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recogmcances and other contracts of indemnity and writings obligatory_ in the nature thereof, issued in the course of its business, and to bind the compam thereby IN WITNESS WHEREOF, The Insurance Compact of the State of Pennsylvania has executed these presents this 21st day of September,1994. William D. Smith, President STATE OF NEW YORK ) COUNTY OF NEW YORK)ss. On this 21st of September. 1994, before me came the above named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual 00 and officer described herein, and acknowledged that he 30SEPH 6. NOZZOtlo cry Public, State or Now York executed the foregoing instrument and affixed the seal of said No. ol-NO4652754 corporation thereto by authority of his office. ()ttalrfiad in Westchester Qerm 190ries Jan. 31, .�.kT CERTIFICATE Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania, on May 18, 1976 "RESOLVED, that the Chairman of the Board, the President, or any vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act tix and on behalf of the Company to execute bands, undertakings, recognizances and other contracts of indemnity and writings ohligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be aTixed to any such Power of Attorney or to any certificate relating thereto by fsesimde, and any such Power of Attomey or certificate bc: ng such facsimile signatures or facsimile seal shall be valid and binding upon the Companv when so affixed with respect to any bond undertaking, recognizance or other contract of indemnity a writing obligatory in the nature thereof, "RESOLVED, that any such Attomey-m-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such .Attomey-in-Fact." 1, Elizabeth M. Tuck, Secretary of The Insurance Companv of the Sate of Pennsylvania, do hereby certify that the foregoing excerpts of Resolution adopted by the Roard of Directors of this corporation, And the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Mtorney are in fidl force and effect IN WITNESS WHEREOF, I have hereunto set my h,utd and alfixed the fawtmile seal of the corporation this day of 19 Elt�abeth M Tuck, Secretan AAAOOD97 PROJECT No. gLLq CONTRACT NO. THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, Wal-Mart Stores, Inc. hereafter referred to as "Owner," whose business address is 701 S. Walton Blvd., Bentonville, AR 72716 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the city/s specifications, standards and ordinances; and (select applicable provision as follows) 0 Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Dal -Mac Construction Co. , whose business address is P. 0. Box 830160, Richardson, Tx 75083 hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 1515 south Loop 288, Denton, Texas 76201 the Owner, contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of contract o Contractor agrees as follows: (a) Snecificati=- To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of.the Citv's Standard specifications for Public works Construction North centr Texas, as amended, and all addendums therato, and all other regulations, ordinances or specifications applicable to such ImproVements, such PACE 2 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer• Inspections Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division'I of the Standard Specifications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds: Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by Cityfs Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage• Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controllinv. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 3. Occupancy; One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City�s Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and nrnv;c;^nc ^f *v,;� contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 6. Successor and Assigns. -This contract shall be binding Upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this day of October 1995 OWNER CONTRACTOR WAL;.Tie4 STORES, i DAL -MAC CONSTRUCTION COMPANY BY BY:G &13"/ Bradford Mc Junkin, President 'S}aV\+ U.", pr e'A+ CIT) BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY B Y : PAGE 9 EXHIBIT "A" PROPOSED LOOP 288 IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS PROPOSED LOOP 288IMPROVEMENTS A. Paving Asphalt (including three driveway replacements) 1-1/2" Type "C" 3,950 SY $2.99 SY 7-1/2" Type "A" 7,160 SY $14.85 SY Concrete Approaches for Brinker Road and Wal-Mart center drive 630 SY $21.15 SY 6" Lime Stabilization 4,800 SY $2.86 SY Concrete Median 966 SY $18.00 SY B. Sidewalk (adjacent to Loop 288 Wal-Mart frontage) 650 LF x 4' wide 290 SY $18.00 SY C. Pavement Marking and Signs Remove Pavement Markings D. Culverts 21" RCP, Class III 18" RCP, Class III 24" RCP, Class III 18" Safety End Treatment 21" Safety End Treatment Type "H" Horizontal Inlet E. Signalization (per signalization plans package) for Loop288 at Spencer Road intersection F. Construction Traffic Control G. Hydromulch Seeding (includes Wal-Mart side only, all disturbed non -paved right-of-way) H. Roadway Excavation 1. Sawcut and Remove Existing Paving Total Improvements 1 LS $5,000.00 LS 90 LF $26.00 LF 99 LF $24.00 LF 23 LF $28.00 LF 6 EA $1,200.00 EA 2 EA $1,200.00 EA 1 EA $3,000.00 EA I LS $68,000.00 LS I LS $3,825.00 LS $11,811 $106,326 $13,325 $13,728 $17,388 $5,220 $5,000 $2,340 $2,376 $644 $7,200 $2,400 $3,000 $68,000 $3,825 5,550 SY $0.36 SY $1,998 1,850 CY $3.40 CY $6,475 450 SY $4.50 SY $ ms $273.081 AAA019DF PERFORMANCE BOND THE STATE OF TEXAS § BOND NO. 15-84-86 PROJECT NO. Y-),1 CONTRACT N0. ` � b COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 ---- rwla%-jell organizea unaer the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Two hundred seventy three thousand eighty one and no/100--------------------- ------------ 273,081.00 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated IN%- the day of October 1995 in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SF.RUR WAL-MART ADDITION 1515 South Loop 288, Denton, TX NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation. shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each one of which shall be deemed an original, this the q+k day of October , 19 95 PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY:�� "- Bradford Mc Dunkin, President ATTEST: iE�CRETARY SURETY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA A ORNEY-IN-FACT % Janice G. Correy NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO AAA019DF PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S BOND NO. 15-84-86 PROJECT NO. CONTRACT NO. THAT DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700;'.Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of Two hundred seventy three thousand eighty one and no/100--------------------------------------------- ($273,081.00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the Ash day of October 95 y 19 in the proper performance of which the Cit of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAnr n"r NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby 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, Drawings, etc., 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, this instrument is executed in triplicate, each oneof Of which ich shall 19 a deemed. an original, this the Ath day PRINCIPAL DAL -MAC CONSTRUCTION COMPANY BY:�r-� Bradford Mc Junkin, President ATTEST: SECRETARY :±�__' SURETY THE.INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: 'ORNEY-IN-FACT ,Janice G. Correy NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. AAA019DF BOND NO. 15-84-86 PROJECT NO. -,J CONTRACT NO. .2?6 CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That DAL -MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O._Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1 Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of pennsvlvania and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of _ Two hundred seventy three thousand eighty one and no/100 ---------------------------------- 273 081.00 Dollars, lawful money of the United States, the said sum being ten percent (10$) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the Ck�k_ day of October 19 95 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WA.L-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted,, 'and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the qth day of October , 19 95 PRINCIPAL SURETY DAL -MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: Bradford Mc Junkin, President BY. A� RNEY-IN-FACT Jsnice G. Correy PAGE TWO