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HomeMy WebLinkAbout07-1982_B 1~ ..U• 1S y ,~q I ~I ~'Q" tir. n~;~i ~y I yrr ~ {}Py~F ~ l~$ ~ ~ , ~ i'~ t"y f,,, S F _ is k~ 1j r~ 5'~ I 1 1 1 ' #902 STANDARD FORM OF AGREBMBNT r STATE OF TEXAS COUNTY OF Denton THIS A-M , made and entered into this 28 day of July , A, D, , 19 82 , by and between ~rhe""~'city of o£ie County of Denton -1 nt and t State of Texas, acting through Chris Hartung, citX thereunto du y authorized so 0 o, orf"y.,o the First Par , herein after termed OWNER, and .la o -public Co. PT 1G,150 0 e Ulty 0 Denton , 01 o en on and State of Texas warty of the Secop aft, ere n- after termed MTKAUTUK, WXTNBSSETHi That for and in consideratiotr of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the first Part (OWNA) to commence' and com lete the construction of the certain improvements described as o ll ows2 Bid # 9028 Reconstruction of Magnolia and Hollyhill Street in the City of Denton, Texas for $30,282425 located in the City of Benton an a extra work in connection therewith,. under the terms as stated in the,, General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated In the Proposal attached hereto, and in accordance with 'the Notice to Contractors, General and Special Conditions of Agreement, Flans and other drawings and printed or written explanatory matter. thereof, and the specifications and addenda therefore, as prepared by Qra& Zdwards.-City Sn¢ineer. Department of Public Works herein entitled the ENGINEER, 'each of whi'ch'hai been identified by the CONTRAC-roR and the ENGINEER,. toggether with the CONTRACTOR'S written proposal, the General Conditions of, the Agreement, and the Performance and Payment and Maintenance Bonds hereto attached, a 11 of which are made a part hereof and collectively evidence and constitute the entire contract. ; r? SF - 1 1 ~ X902$, The CONTRACTOR hereby agrees to coemenre work within £i,£taen (1S) days after the date written notice to do so shall have been giyon to him, and to substantially complete the same within ten 10) working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions, The. OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, whicl► forms a part of ,his. -contract, such payments to be subject to the General and Special Conditions of the Contract, IN WITNESS WHEREOF, the parties to these resents have executed this Agreement in the year and day first above written, di.ty of Denton, Texas , i Arty o the First Part Part o' the S6 _d P e4 ar E R) (CO TRACTO By 217 ee~ld Attest,, AttestI ;71 , Sp 2 ]t r PERFORMANCE BOND STATE OF TEXAS COUNTY OF Demon KNOW ALL MEN BY THESE PRESENTS: That 7AOOR-PUBLIC, COMPANY , of the City of Denton , County of Denton , and State of Texas as PRINCIPAL, and SEABOARD SURETY COMPANY as SURETY,.., authorised under the laws of the State of Texas to act as,surety on bonds for principals,,are held and firmly bound unto the CITY OF DENTON,, TEXAS , as OWNER, in the penal sum of Thirty td ouBand t1jo. ndred eighty two and 25/100 - Dollar$"' 90,282.25 for the payment whereof, the said Principal and Surety bind themselves and their heirs administrators, executers, successors and assigns,, Jointly and saveraliy, by these presents: WHEREAS* the Principal has'enter d nto a cer in written contract with the OWNER, dated the day of ~u1 , 19 $ for the con- struction of reconstruction of City Streets - Bid 09028 Which contract is hereby referred to and made a part hereof as fully and to t•. the same extent as 'if copied at length herein. NOW, THEREFORE, the condition of this dbIIgatIdn~ is 'such that if` the -said Pr1n6 pal shalt faithfully perform said Contract and shall in al,l res'pe~cts duly and'ficithfully observe and 'p'erform,all: and singular the cove- nants; tonditions and agreements in and by said Contract agreed and cove- ranted by the Principal to be observed and performed, and according to, the true intent and'meaning',of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; i' PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended y i. by 'ants of the 56th Legislature Regular Session 1 59, and all liabilities on this bond shall-be ddetsrmi4d in accordance with the provisions of said Article to the same extent as if it were copied at length herein, PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in county, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accom anying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the, terms of the contract, or to the work to be per- formed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have si ned and sealed this instrument this day of _ J ulv , lg JACIOB-13UBLIC COMP Y SEABOARD SURETY COMPANY A nc re y gy Title 0 y G~ TitleOrvil B. Coborn, Jr. *K_ox~~ IV etc Address Address Ndw York, N. Y. . (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: j Orvil B, Coborn, Jr. ET,T,IS CROTTY POWERS & CO, , TNC. r i 8300 bogglas Suite 700 ballaa, axaa 75225 -NOTE: Date of Bond must not be prior to date of Contract, ~ 31h F, sit ;4~~'~ tiR r PAYMENT BOND STATE OF TEXAS COUNTY OF Denton, KNOW ALL MEN BY THESE PRESENTSi That J'AGOE-PUBLIC COMPANY of the city of Denton County oPenton , and State of TexaS , as principal, and SEABOARD SURETY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY oV DENTON, TEXAS (Owner), in the penal sum of 3o,2s2,25 ) - - - Thirty thousand two hundred eighty two land nn - - Dollars for the payment whereof, the said Principal and Surety bind themselves and their heirs,, administrators, executors, sucessors and assigns, jointly and severally, by these presents; WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of July 19 82 , reaonstruotion of city Streets - Sid 09028 4 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein; kl,. NOW,,,tHtk&ORE, THE CONDITION OF THIS.OBLIOA7ION IS SUCH, that if the said Principal sha•il pay all claimants supplying labor and material to him or a subcontractor in the prosection of thhe work,provided for in tiff contract, then this obligation shall be.void, otherwise to remain in fu,'l force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article $160 of the revised Civil Statutes of Texas as a~ amend4d by 'the acts of the 86th legislature, Re tlar Session, 1969' and all liaties on this bond shall be determined in accordance wity the provisions of said Article to the same extent as if it were copied at length herein. Surety, fqr value received 'stip'ulates and agrees that no change, extension of time, alteration or addition to the terms of.ihe contract or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affact its obligation on this bond, and it does hereby watwe notice of any such change, extension of time, al- ternation or addition to the terms of the contract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed.this instrument this _ day of July , lg s,2 ,JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY Principal //lnure y By 2 Orvil B. Coborn, fir, V Title: ~t -,41 s f 'Ytci : s;`~ Title: Addresst p_ 0. Box 250 Address; Hew York, N. Y. Demon, Texas 76201 The name and address of the Resident Agent of Surety is: Orvil B. Coborn, J'r., Ellis Crotty Powers & Co., Inc. s' 8300 Douglas Suite 700 Dallas, Texas 75225 r f ~j4u MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, _ JAGOE~PUBLIC COMPANY _ as Principal, and SEABOARD-SURETY COMPANY as Surety, are held and firmly bound unto CITY OF DENTON, TEXAS (hereinafter called the Obligee) in the penal sum of - - Three thousand twenty.oight and 22/10,0 - "bollars 3,028.22 ) to w e payment we an tru y' o be made in awful, money o`g tt a United States we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal entered into a contract with the Obligee dated for reconstruction of City.Streets - Bid #9028 AND, WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said oontractt NOWT THEREFORE, if the Principal shall make''Any repairs or replacements which may become necessary during the perigd of one year from date bf completion, because of defective materials or workmanship in connection wiEE said contract, of which defectiveness the Obligee•shall'give the Principal and Surety written notice within fifteen (15) days after discovery thereof, then this obligation shall be voids otherwise it shall be in•full force and effect. All suits at law or proceedings in equity to recover on this bond s must be instituted within.twelve'(12) months after the expiration of the maintenance period provided for herein. Signed, sealed and dated this day of July , 19 82 JAG -PUBLIC COMPANY Pr nc pal By E.LUS CRPTTY POWERS & CO. INC. 8300 DOUGLAS AVL SUII'L 700 SEABOARD SURETY COM ANY DATLQ AS, FXA .Z 75225 s rety 00 e . (2141'987 By I A orn y n- aC Orvil B. Coborn, Jr. A STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF Denton THIS ACRE , ma a and entered into this 28 da of July A,D,, 19 92 by and between y y of it e County of Denton an a Ste '0 a 6s, aoting through a. Chr a artu38) city e ereunt0 u y au or Ze s0 0 0, or y o the x9t art, herein after termed OWNER, and Jagoe-Public Co. o e ty ° RKEOR oun y o e and State of exae arty of the Secon ar herein of ter termed UORTTOMM. WITNESSETH1 That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the party of the First Part (OWNER), and under the conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said party of the first Part (OWNER) to commence and oom late the construction of the certain improvements described as 011oWS1 Bid N 9028 Pe°onstruotion of Mesa and Bandera Streets in the City of Denton, Texas for $41,904,50 located an a extra work n connection therewith, the City he ewith, un'dar the termr, as stated in the General Conditions of the Agreement and at his (or their) own proper coat and expense to furnish all th, materials, supplies, machinery, equipment, too le, supserintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with S>! - 1 a I .1 the Notice to Contractors, General and Special Conditions of explanatory Pmatterathereof, a dathegspe ifications and addenda therefore, as prepared by (dreg Edwards, City Engineer, Department of Public Works herein entitled the ENGINEER each of which has been identified by the CONTRACTOR and tine ENGINEER, together with the CONTRACTORS written proposal,, the General Conditions of the -_.Agreawent, and the Verformanae and Payment and Maintenance B.ond.s he'eto attached) all of which are made a part hereof $nd collectively evidence and coristS;tute the entire contract, The CONTRACTOR hereby agrees to 'commence work within fifteen (15) days after the date written notice to do so shall have been given to him and to substantially complete the same within ten (10) wor~ing days after the date of the written notice To ccommeriee work, subject to such extensions of time as are provided by the General and Special Conditions, The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Cond ttions of the Contract, IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written, nt n. Te as s o wP blio Co; ` arty. o rat art ~ty o e ec r R) C T ) Sy Akteat ~V/>o.,a Attest SF 2 t PERFORMANCE BOND STATE OF TEXAS ~ COONTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAWE-PUBLIC COMPANY , of the City of DENTON , County of DENTON , and State of TEXAS , as PRINCIPAL, and SEABOARD SURETY COMPANY as SURETY..., • authorized under the laws of the State of Texas to act as,surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON, TEXAS , as OWNER, in the penal sum of ----Forty-One ) • Thousand Nine Hundred Four and 50/100--------------- Dollars ($41,904.60 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns,,jointly r and severally, by these presents: WPM the Principal has entered into a certain written contract with fire OWN5A,$ dated the 27th day of JULY 19 82 , for the con- struction of,' Additional Work.- Reconstruction of City Streets, Denton, Texas which cantrut is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, - NOWt 1,HER06-04, the condition 'of this 661i~getion its such, tlieti'if the' `st,id 'Principal shell fa iihfully perform said COKOAct" and shall in al'i rb AAI%tA duy,end,faiithfully observe and perform all and singulars the cove- conditions and'.dgreements'In and by said contract agreed and cove named by the Principal to be observed and performed, and according to the true Intent and meaning of Reid Contract and the Plans and specifications hewto annexed, then this obligation shalt be void: otherwise to remain rr` in'fuil force and effect; PROVIDED$ HOWEVER, that this bond is executed pursuant to the provisions of Article 6160 of the Revised Civil Statutes of Texas as amended N.I.: i9qy v mood Iby Apt$ of the 56t} hegisiature, Regul<Ir Session `1989, and all liabilities on this bond shall.be determined in accordance with the provisions of said Article to the same extent as if it were copier at length herein, PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton . County, State of Tex&, , Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of they contract, or to the work performed therAunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice oR any such change, extension ,on time, alter- ation or addition to the. terms of the contract, or to the work to be per- formed thereunder, IN WITNESS WHEREOF, the said Princi E and Surety have signed and sealed this instrument this 27th day of JULY , lg 82 IC COMPANY SEABOARD SURETY COMPANY J no a ure y By B Y , Title - a c Title ct Address Addroas New York, N.Y. (SEAL) (SEAL.) The name and address of the Resident Agent of Surety is: ELLIS CROTTY POWERS & CO. INC. r: 8$00 Douglas, Suite 700, Dallas, Texas 75225 NOE: Date of Bond must not be prior to date of Contract. 6(. i~ 3 . ~.:r. ' sf `SbalY1#l i'lf. (-vZ~ Y~ FFkai J1 PAYMkiNT' BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JA OE-PUBLIC COMPANY of -the City of DENTON County of DENTON , and State of TEXAS as principal, and-- SEABOARD SURETY OOMPANY authorized under the laws of the State of Tow to act as surety on bonds for principals, are held and firmly bound unto CITY OF DENTON, TEXAS (Owner), in the penal sum of 41,904.50 ) Forty _One Thousand Dine Hundred Four and 60/100 Dollars for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, sucessors and assigns, Jointly and severally, by these presents: WH2REAS, the Principal has entered into a certain written contract with the Owner, dated the 27th day of JULY 1g 82 Additional Work - Reconstruction of City Streets, Denton, Texas , to which contract is hereby referred to and made 'a 'part hereof as fully f and to the same extent as if copied at length herein, NOW, THEREPORETHI CONDITION OF THxS OBLIGATION IS SUCH, ttiat if the said Principal shall pay all claimants supplying labor and Material to hial or a Subcbntractor in the prosection of the work provided for in saif contract, then this obligation shall be.void, otherwise to remain in full force and effects PROVIDED, HOWEVER► that this bond is executed pursuant to'-the provisions of Article 5160 of the revised Civil Statutes of Texas as 1. Y 1 1 amended byy the act; of the 68th legislature, Reg41ar session, 1989, and all liabilities on this bond shall be determined in accordance with the pprovisions of said Article to the same extent as if it were copied at length herein. Surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work performed thereunder, or the plans* specifications or drawings accompanying the some shall in anywise affect its obligation on this bonds and it does hereby waive notice of any such change, extension of time, al- ternation'or addition to the terms of the contract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said principal and Surety have signed and sealed this instrument this 27th day of JULY 0 .19 82 JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY Principal Surety f By,, By: Title:._ l~ - f ~'r -0 a*IC:e Title: GI E. Easley, Attor ey-in-Fact Address: Address: New York, N,Y. The name and address of the Resident Agent of Surety is: ELLIS CROTTY POWERS & CO., INC, 8300 Douglas, Suite 700, Dallas, 7exa;; 75226 1 r 1 rl I • r MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, JAAOE40LIC'COMPANY as Principal, and SEA OUD SURETY COMPANY . ' as Surety, are held and firmly bound unto CITY OF DENTON, TEXAS (hereinafter called the obligee) in the penal sum of Four Thousand, One Hundred Ninety and 45/100----------•--,__..,.. Dollars 4,190.45 ) Eoo which paymen we an truly' to be made in lawful money o the n to States we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLTGATION IS SUCH, That whereas, the Principal entered into a contract with the Obligee dated for Additional 'Work -'Reconstruction of -City strsats,•citu of npn nn, Texas AND, WHEREAS, the Obligee requires a guarantee from the Principal againat defective materials and workmanship in connection with said oontraotj NOVI THEREFORE, if the Principal shall make any repairs or replacements which, may, become necessary during the period of,one year from dada of• Completion because of defeolivs' maeriele or workmanship in connection w t said contract, of which defectivene.s,s the Obligee shall give the Principal and Surety written notice within fifteen "(15) days after discovery'thereof,`then this obligation :shall be void= otherwise`it''ehall b6 in full force and effect, All,'guits at law or proceedings in equity to recover on this bond must be instittited within twelve (12) months after the expiration `of the maintenranoe period provided for herein. Signed, sealed and dated this 27th day of JULY 19 82 JAGOE-PUBLIC COMPANY Pr nc pat r By SEA90ARD SURETY COMPANY Surety By Qr as ey, rney- n- ac d !i a ft ry rya a ~l t I, r'' .nx ( , ij, r Certifiod Copy I;s111(1<\1t1) r"~C1Iti"i',1' comir'itilAi`h' No. DI4 0' Ncw Yoims Nr,w YoilK POWER OF ATTORNEY Kr aVv AL.L. 4RN BY THES PRMNTSi 'l'int SrMlIOARn SU121{''Y COMPANY, a corporation of the State of ett• York, has inade, constituted nnc. Appointed and by thesis presents does makd., Constitute and Appoint Wil lard Crotty or Jamos No Powers or Tom p, Ellis, III or Potor A, Rush or William 0, Klingman or Orvil 4, Cohorn, Jr, or prank Rakor or C,E, Easley of Da'~llas, Texas its true' and lawful Atlornoy•In•ract, to make, execute and deliver on Its behalf Insurance policies, surety bonds, under. takings' and other instruments of similar nature as follows; Without Limitations Such insurance policles, surely bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Altorneyln r'acl, shall be binding uiion the said Company as fully and to the same extent as If signed by the duly authorized officers of the Company and sealed with Its corporate seat; and all the acts of said AttorneylnFact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment Is made pursuant to the following By•I.aws tvldch were duly adopted by the Board of Directors of the said Com- pany on December 8th, 1927, with Amendments to and including April G, 1978 and art still in full force and effect; ARTICLE VII, ;CCTIOA' It "Policies, ads, recogrti:ancea, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto, Insurance 'polldef bonds, recognitances, stipulations, consents of surety ant) underwrilingg undertakln s of the Company and releases, ogrtements and other writ ppgs reialing In ally way thereto or to any claim or loss therounder, shall be signed in the name and on behalf of the Company ((A) by the Chairman of the Hoard, the President, a Vice President or a Resldent Vice President and by the Secretary, an Assls,,ant Secretary; a Rasidenl Secretary or a Resident Assistant Secretary; or (b) by an Attorneyln•Vocl for the Cotoppany appointed and authorized by the Chair- man of the Hoard; the President or a Vlee President to make such slgnsturel or (c) by such other oRlcers or representatives as the Board may from time to time delermine: The seal of the Company shalt If appropriate he aaixed thereto by any such officer, Attorney-In-Fact or represent alive" IN WIT1491518 WHEREOF, SE4ABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice. ..Presldents and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ....2.411......... day of N,F 4 b 198.5..,. Attests Slxftl'vARD SURETY COMPANY, ( 1~ Margaret Scofield Ry Tllor~~s Pt Cor~q u,l uwiu,u ..........I,U„....n,.... 1., .uuu, ' Assistant Secretary Viet-President STATE br NEW Y014K COUNTY OP' NEW YORK ss y pp On this day of rl x,4h i a Vice-President of SEABOARD R EDeStUTY C9111PA~rY;` with whom ]ant personally acqualnietl, ttho, being ,y~ me duly sworn, said that he resides In the State of .N,plt...J.&V ss y, that he is.a Vice'4PresWent of SEABOARD SURETY COMPANY, the corporation described In and whi4h,executed the'fore• going Instrument; that he knosys the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal, that, It wii' go' affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Viee• President of said Company by like authority, state of New York No, 41-J010ff12, Qualified in quoins County Certificate, filed in Now York County Commission 8xpires March 30, 1982 (Seal) Notary Publle CH PTIF,,ICA'TL I, the tinderslgned Asskituil Secretary- of SEABOARW SURETY ~0MPANY do hereby ceriffy that the orfainal Power of Attorney of Which the foregoing Is a Ili 1,:truo and correct copy, Is In full force and effect on tlse dale of this Certificate and 1 do further eertlfy that the Vice President who executed the said Pottier of Ation+c55 teas one of the Offletrs anth6rlmd by the hoard of Directors to appoint an attorneyin•fact as provided in Article VIf, Section 1;;o{ tilt! ByLaws of SVABOARI) SURhTY COMPANY,' ThWcerlif+cate ula he sunned and sealed by faesimlle nndcc and by nuntorlty 61 the following resolution of the Board of Dircciors of SEA. BOARD `SURETY CM PANS at a nicc``ing duly called and held cut ttc 281h day of unc1978 "RPSOINED: (2) That the use of a printed ft"Infle o4 the corporate sad of tilt company and of thd'signature of on Assistant Secretary r 'any ccrifileatlon o f the correctness of a opy of an fustntment ,scented by the Presldcnl or It 1 Ice•President pursuanl to Article VII, Section l; of 11tth~' IlyLaws aplwlating and authorizf rig an nnuruc>•ln fact to slat In tl+c 1111+0 and ou behalf of the conipany surely fronds, underwritinY nnndertah, s or other likorwneuls descrlhcd In sold Article VI1, Section 1, with like effect as if such seal and such elguaturc had been manually affixed and made,'hereby is authorized and approved," IN WITNES WH9REOF', I have hereunto set m) hand slid affixed the corpnmae seal of the Company to the."'prwrits thl< day;,of .,•CC, , 19,...., S11Rd ~ e w STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF Denton of THI iy AGREEMENT-0made and entered into this 28 day , A,D., 19 82 , by and between ra 'fry -0i Dent as e a e ' eras, actingthroughty0. chr aDearoung, y ereunto u y au or ze so CO o, art o the First,-Fa-re, herein after termed OWNER, and ragoo-rub is Co, 0 t o ty 0 n o , Ouat0 en n and state of a as , arty of the-,Second art, herein after termed Ct3A' ;~,TOR4 WITNESSETHt That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First ?art .(OWNER)► and under the conditions expressed in bond bearing alien date herewith, the said party of the Second Part (CONTRACTOR), hereby agrees with the said party of the First Pare (OWNER) to commence and complete the construction of the certain improvements described as fOllOwst Bid # 9028 Reconstruction of Mesa and Bandera Streetd in the City of Denton, Texas for $42,904.50 located in the City of enton an a ex ra wor n connection therewith, under the terms as stated in 'the General Conditions of the Agreement and at his (or their) own proper coat and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with SF~1 the Notice to Contractors, General and Special Conditions of explanatory ~aatts er athereof, a d athegspecifications and addenda therefore, as prepared by _Greg Edwards; City Engineer, Department of Public Works herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGXNEER, together with the 0ON'i'RAC'TgR 5 written propposal, the Gendra" ;onditions of the _..,~_Agzeement, and the Performance and and Maintenance Bonds hereto a;, tsched j all of which are iude a part. hereof #nd collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to oommence work within fifteen (15) days after the date written notice to do so shall have been given to him and to substantially 'complete the same within ten (`10) wor~Cing days after the date of the written notice To`c`o"mme'noe work, subject to such extensions of time as are provided by the General and Special Conditions, The OWNER agrees to pay the CONTRACTOR in current funds the rice or prices shown in the proposal, which forms a part of his contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above vritten. Te s Ja -Pub 1i Co. arty o rat art arty o t e ec r (O R) (C T By Attest: Attests PERFORMANCE BOND STATE OF TEXAS j COUNTY OF DENTO~ N KNOW ALL MEN BY THESE PRESENTS: That JAaOE-PUBLIC COMPANY , of the City of DENTON County of DENTON , and State of TEXAS as,PRINCIPAL, and SEABOARD SURETY COMPANY as SURETY„ 1 authorized under the laws of the State of Texas to act as.surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON, TEXAS , as OWNER, in the penal sum of----FortOn Thousand Nine Hundred Four and 60/100--------------- Dollars 41,904,60 for the payment whereof, the said Principal and Surety bind themselves and their heirs administrators, executors, successors and assigns,,fointly and severalfy, by these presents: WHEREAS, the principal has 'entered into a certain written contract with the OWNER, dated the 27th day of JULY struction of ^_~__y~, 19 82 ,for the con- ' Additional Work - Reconstruction of City Streets, Denton, Texas which contract is hereby referred to and made a part hereof as.fully and to the same extent as if copied at length herein$ NOW, THEREFORE, the condition df this obligation is' surf: ''Oat If to l PPein'eipal shall faithfully perform Said Contract and shali~in all ppy and faithfully observe and perform all and singular the;cove- nants conditions and agreements in and by said contract aireed.dnd cove- nanted by the Principal to be observed and perforrtbed, and according to the tra intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full farce and effect; PROVIOED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended 1 , by 'acts of the 66th Leggislature, Regular Session '1969, and all liabilities on this bond shall-be determined in accordance w1th the provisions of said Article to the same extent as if it were copied at length herein, PROVIDED FURTHER, that if any le al action be filed upon this bond, venue shall 110 in _ Dente__. County, State of Texas $ Surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the. terms of the contract, or to the work to be per- formed thereunder, IN WITNESS WHEREOF, the said Principa~ and Surety have signed and sealed this instrument this _27th day of JUL lg 82 AAr n1J,1 VA COMPANY SEABOARD SURETY COMPANY J nc pa =Y! Title Title o. rtd+ _F 'Address Address New York> N.Y. (SEAL.) (SEAL) j" The name and address of the Resident Agent of Surety Is: ' ELLIS CROTTY POWERS & CO., INC 3k, 8300 Dou ias Suite 7009 Dallas, Texas 76225 NOTE: Date of Bond must not be prior to date of Con tract. zy Ile r , 1 1 ~ 1 1 PAYMENT'BOND STATE 4F TEXAS I COUNTY OF DENTON J KNOW ALL MEN BY THESE PRESENTS, That JAGUg-PUBLIC COMPANY of the City of DENTON County of DENTON , and State of TEXAS as principal,'and SEABOARD SURETY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF DENTON$ TEXAS (Owner), in the penal sum of ("1,904.66 Forty One Thousand Nine Hundred Four and 50/100--o-w Dollars for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, sucessors and assigns, jointly and severally.'by these presents., WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the. 2r rday of JULY , 19 82 + Additional Work Reconstruction of,City Streets, Dehton, Texas 1 to which contract is hereby referred to and made a part hereof as fully and'to the same extent as if copied at.length herein, NDW, THEREFORE, THE CONDITION OF THIS MLIOATION IS SUCH,'that if the said Principal shall pay all claimants su plying labor and material to him or a subcontractor in the prosection of the work provided for in saif contract, then this.obligation shalt be.void, otherwise to remain in full force and effects PROVIDED, HOWEVER, that this bond is executed pursuant to. the provisions of Article 6160 of the revised Civil Statutes of Texas as " ~bEf.~111'1{W! s, t iz it, ri 1 li t,'r 1 :8 , ~ A 1 1 amended byy the act; of the 56th Legislature, Replar Session, 1969, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at Tength.herein, 'Surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work performed thereunder, or the plans, specifications or drawings accompanying the sauna shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, al- ternation or addition to the terms of the contract, or to the work to be performed thereunder, IN WITNESS WH9REOP, the said Principal and Surety have signed and sealed this instrument this 21 ht day of JULY. 0,19 82 1 1 JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY Principal Surety By: ' gy; I Title: V.1,r --ytdne Title: G, E, Easley, Attori y-in-Fact Address. _ Address: New Ynrk, Noy, 1 L` The name and address of the Resident Agent of 5urcty is: ELLIS CROTTY POWERS b CO. INC. r 8300 Douglas, Suite 100, Dallas, Texas 116225 { r y: 1 1 1 1 1 1 MAINTENANCE BOND RNOT01 ALL MEN By THESE PRESENTS, that we, JAGOE-PUBL'IC' COMPANY ' . as Principal, and SEABOARD 'SURETY COMPANY' ' ' ' ' . ' ' ' as Surety, are held and firmly bound unto CITY OF DENTONs TEXAS (hereinafter called the obligee) in the penal sum of ---.Four Thousand, One Hundred Ninety and 45/100-----...............-.............. Dollars 4090,46 ) tow a payment we an truly-to be Me In awful money ootthi"p -a-r States we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF' THIS OBLIGATION IS SUCH, That whereas, the Principal entered into a contract with the Obligee dated for _ Additional'Work' -'Reconstruction of City Straetso itV of n_ ton- Taxac AND, WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said contraott NOW, THEREFORE, if the Prinoipa'l shall make any repairs or replacements which may become necessary during the period of one year r from date if COtHpleti0n because of defeotive'materials or workmanship in connection w said contract, of which defectiveness the Obligee shall give"the principal and surety written notice within r; fifteen (15) days after discovery there r~'f, then this obligation shall be voids otherwise it'shall be in full 'toroe and effect, ` All suits.at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein. Signed, sealed and dated this 27th clay of JULY ► 1982 i; JAGOE-PUBLIC COMPANY . Principal. By SEABOARD SURETY COMPANY Surety By G, as ey, rney~ n- ac t ~kyt' . r7,n tit ar, t , \ fi I r rri. 1 +~t IF ~ Il9r j. ..CI fir.. {t 1 r {r 1 [ff[ C` 1 X13 1 s. ~ J rut J J~ ~ }d • ~ 1~~ 7 a ~a¢~ ~I / :~i 1 ~ ~'M: IJU ~ ~~`'a' 31t1 .ys"di MEMORANDOM gaLof July 27, 1.982 Toy Mayor and City Council From: Jeff Meyer, Director of Planning and Community Development Re: Denton Development Guide Page four of the Denton Development Guide provides. for the yearly consideration of the complete Guide by the Planning and Zoning Cowission and the City Councail, mh© ppurpose of the yearly review is to reconfirm the Guide policsies and/or make qvt; desired modifications to these policies. ' The Planning and Zoning Co'nmission has conduahed its- review of ? the Guide and recommends 0-adoption of the Denton Development Guide with the following iroditicationss Item ,#1 Page 55 be amended to read in full as follows: ` "Dell Avenues McKinney to Sherman Xt is the policy rocommondation of this plan that Doll Avenue be maintained and, improved as, one; of the p`.. major' nort}l/south thoroughfares acrosts theCity. part of this policy includes the oventual need to F.`.' improveBell Avenue between MoKinney -Avenue and Sherman Drive in 'the most traffio-efficient route that is economically and envitpnmentally feasible. it is recognized that determining the final detail alignment and width of this connection involves many complicatedfactors of tr:affio engineering,,oconom~c Coot, and neighborhaod-environrnental protoction. xhere fore, it is firthex rebommended that prior to su6h connection, a, more detailed professional.- impact study be oonduoted to annlyza °the,al,ternativo means, and impacts of such improvements." ' `i ie~l, y4~ Mayor and City CounQII Denton Development Guide Page two tam , w 'rho current Thoroughfa o Plat) should show the oxisting Bell Avenue ali,gnmont as a major arterial and the loop around WU shown on the map should be deleted. Item - Kinds Row should ) o changed in the Thoroughfare Plan to a colla(itor and the con- nection to LOOLIOt should be deleted. SF'F's ab• AttaohmenLst 1. Planning and Zoning Commission Minutes of July 7r 1982 2. Resolution !a ,L. c ~~.~~5~•'~ ~ ~•J i~ , 4 , a, 4YAtJ"'~.f vLi ~j} bS~ 4 4 R^!° .~1'0.r_ @~ 1 e i 9 a. Ilutes Planning and 'zoning Colmn.ission July 7l 1982 Page 7 /G, 1982 Ro-adoption of the Denton Development Guido. mvl,,Footling roferrod to pavo d, of.' the, Devolopiltont Quid(' lrii.4ch prov.iaus for yearly colts idorati Oil tend recommdnda-' tion to the City Council for roadoption or minor modifi- cation. Ile said this was the subject of pprovAous study sessions and the goneral conclusions o£ tlloso sessions wore; Page 55 'of the Guide currently reads "Boll Avonua be studied for final alignment questions between University and Sherman," Rocommended change is to expand study of tho alignment questions to include the areas between Sherman and McKinney Streets. Mr, Lariorte referred to updating the Thoroughfare Plan and said he felt since Citizens had exprossod their opinion about realignment of bell that Bell sh'6uld be put back oil as a major thoroughfare as it currently exists from McKinney to University. A policy suggesting a future study is acceptable if t o current alignment is Shewll. ~ f Chairman said quostlon was how to tie in Sherman to University, that discussion was to delete' proposed rerouting of Boll from University to McKinney since bond issue only addresses itself in going from University to McKinney. Mr. Fanning also referred to Kings Row, stating that a technical change from arterial. to collector street status is recommended and that it is also recommended not to connect to Locust as showli on current map. After further discussion, Ms. Gilchrist moved to recom- mand readoption of Development Guide and to affect the folloiging three changes: Itom 01 ° Pago 55 be amended to read in full as follows: i "Boll Avenue: McKinney to Sherman k. It is the policy recommendation of this plan that Bell Avenue be maintained and improved as one of the major north/sogth,thoroughfares across the City. Part of 'this policy includes the'evontual noed.to improve Boll Avenue et.ween McKinney. Avenue and Sherman D'xive in th'e' most - traiPfic~dfficient route that is economloally and envi- ronmentally fehsible,, It is rocogltized `that determining ei the f'i`nd detail alignment and width of this connection Jnvolvos;many complicated factors of traffic onginoor.. ing, economic cost, and neil;liborhood--onvirenmental flM gV: S~1 'rl X34 •li t f v~ MInutos Planning and Zoning Commission July 7, 1982 Pago 8 )~toiucti.nii, l'her'af`orr.+, it is Currleer. that >c•lyr to sucil collnogtloii, a more dotaile(t profosslo'i,.l ~mpact study be conducted to analyzo the alternative means aiul impacts of such improvements." Item 112 - The curront Thoroughfare Plan should show tho exist ng doll Avenue alignment as a major arterial and the loop around `,WU shown on the snap should be deleted. i Item 113 Kings Row should be changed in the Thorough- are ila11 to a collector and the connection to Locust should be deleted. Seconded by Mr. Sidor and carried. (5-0) Mr. Claiborne and Mr. LaPorte abstained. 11. Adoption of the 1982, C61loetor Street Plan. c Mr. Panning roi"orrod,to pago 41 of the nevoXbpment Guide and oxplalned collector stroot policy criteria. He said that collector streets differ from Major. thoroughfares as Choy vary with new development. He said that col lector streets are shoian on thoroughfare plan with small ' dash lines and recomme0od adoption of collector street plan as prosontod: r Dir. LalCorto moved to adopt collector street plan.. s Sacurlcind by bir. Sidor.rand carried. (b-O) Mr. Claiborne abstained. 1, coatsider making a recommendation concerning' development y of "itidgeway Drive". Mi. Watkins stated that the last time this was discussed the Planning and Zoning Commission wanted additional ittformatioli from the. H),ghway Dop,nrtment..,. A letter was written by the City Mana or requost,ing'information, however a reply has not, been received. Staff suggests that 'Item be 'tabled pending reply from Highway Depart- pent , Ms. Gilchrist moved to table item pending reply from highway Department,. Seconded by Mr, Lat'orte and, unanimously carried,' (7-0) .1 i N , R r•, S O L U T I O N WUEREAS, the City of Denton has and expeuts to continue to enjoy a pattern of growth and development throughout the 198010 and boyond) And WHEREAS, the Cdrnraunity in rsspon:;o to such growth and dovolopmant has instituted a process to addrooe questions of land use planning, development and controls and W11UREA81 no a result of such process a document titled Denton OovelOPment iiuido~_~981~ was produoadl and WHEREAS, the City Council of the City of Denton, 'texas believes that such document is a useful tool to be used to aid in the ' day-to-day decisions concerning' growth and development of the City ! and adopted the Guide for such use! and WHEREAS, peooodure policies in the Guido require yearly Planning and zoning commission review and recommendations as to modifications if noedodt and ` WHEREAS, the planning and znning Commiston has completed its s ` 1982 review and has recommended to the City Council re-adoption of s the Development Guide with noted changes for use in 1982, 4 , ' N0W0 THERSFORE, DE IT MSOLVED BY THE CITY COUNCIL OF THE CITY OFDENTON,TEXASr SECTION I. That the Dell or UevoloPment Go do (1981)t a copy of which is 6i attaoned hereto, with noted changes, shall be and is ro-adopte'd for t 1982 so the offialal land use and Devolopment Guide for the City to be used in planning, development and land use decisions in the manner and for the purposes stated in such document, d try, PASSED AND APPROVED this the day of , 1982. 9>r { . R1aIgRD 0. TERM'; RA00- CITY OP MTOR, TEXAS ATTESTi t~ ARC L 7~~~LLE Wj CI 3E'CRSTAR cAj CITY OF OENT6N, TEXAS APPROVED AS 'TO LEGAL FORNt C. J.,TAYLOR JR.,'CITY ATTORNNY CITY OF bENTON,'TEXAS iot' By, r L i ) K S~,d~xs.~C4~'o& M ~ i~ £ fink At.. it L ~ f ~t'. 1•. ' ' ~ ~~aiorrrnm~ac~e~cu~mo~~rra~ms~a!rr~wast a~~`~~