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HomeMy WebLinkAbout1987 .r, i )Y /f l PROJECT NO. CONTRACT NO. / 57, THE STATE OF TEXAS g COUNTY OF DENTUN DEVELOPMENT CONTRACT § Whereas, Singing Oaks Church of Christ hereafter referred to as "Owner," whose business address is 101 Cnrdinal Lane Denton, Texas 76201 , J is the owner of real property located in the corporate. limits of t'r,z City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such development ;oust be performed to accordance with the applicable 1 ordinances of the City of Denton, hereafter referred to as "City"; i and i 1lherea,9, as a condition to the beginning of construction of ~i 3 , i said developments a d:velopment contract is required to insure s I i that all streets, water and sewer Lines, drainago facilities and t other improvements which are to be dedicated to the public, hereafter referred to as "improvements," are constructed in E i accordance with the City's specifications, standards and 4 1 ordinances; and } it (select applicable provision as follows) i Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractors in t 1 A which case the provisions of this contract which refer to "Cwner" or "Contractor" shall mean the t,•.ar as named above; or ( _X"] Whereas, the Owner elects to make such Improvements here- after set fort' by conteacting with _.Elovd Cienn Smith. Concrete Contra-c-tor F whose business address is `P, u. Box 1781 hcuton, 'rk!:cad 76202 , hereafter 1 referred to as "Conttact"r"; and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by lira City, become public property, -ire properly constructed in accordance 4 I , with the City's specifications and that payment is made therefor; WITYESSETH I j a As to the Improvements to be dedicated to the public, as I specified in Exhibit A, attached here.to;, and incorporated by I reference, to be installed and constructed at _ it), C.nrd1nA1 irna Ir ! ; 0onton, Texna 76201 j the Owner, Contractor and City, in consideration of their mutual s promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: (a) Specifications. To construct and install the Improve- ments in accordance with the procedures, specifications and ~ y PAGE 2 I standard contained in Division II and III of the City's Standard ' Specifications for Public Works Construction, North Central Texas, as amended, and all addenduos 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 r good and workmunlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall deci.fe all questions which arise as to the quality and acceptability of materials furnished, work performed, and tvie interpretation of i 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 I { specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered t removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to rest materials furnished, to satisfactorily repair, remove or { replace, if so directed, rejected, unauthorized or condemned work r I i j or materials, or to follow any other request or order of the City i 1 I PAGE 3 I ' i I r S 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. (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of D£visio7 I of the Standard Specifications for '.ublic Works Construction, North Central Texas, as amended, the i provisions of which ere expressly incorporated herein by reference; provided, however, for purpose of this provision only, s as u9ed therein, shall mean the City )f Denton. (d) Means and Metliods of Construction. That the means and methods of construction shall be such as Contractor may choose; I i subject, hos+ever, to the City's right to refect any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were j i constructed in accordance with City specifications. 6 j 2. Mutual Covenants' of Owner and Contractor. Owner and 3 j Contractor nutually agree as follows: (a) Performance Bond; Escrow Agreement. That if building permits are to be issued for the development prior to completion j i PAGE 4 s j i M and acceptance of all Improvements that are to be dedicated to the public: (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 an approved 1 surety company authorized to do business in the State of Texas; or r (ii) if the cost of completing the Improvements, at the time bililding permits are requested, -is in an amount of $50,000 or less, as determined by the tot cash money as edeamount termind cby sthe City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the rity's escrow agreement form shall be used. j (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 and cost j Improvements guaranteeing ththe contract proper L ! protection of all claimants supplying labor and material for the construction of the Improvements, i 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 i (ii) if the total contract amount of all Improvements I is less than $50,000 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 PACE 5 I 6 i 'k . i ~A Improvements by the City and that, prior to acceptance of the Improvements, the Gwner and Contractor shall furnis'n a written affadavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for lator performed and material furnished in connection With 1the 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, request of Co upon complete City Engineer, owner or furnish t a the subcontractors who performed labor on, or supplied j material for, the construction of the Improvements, and, when requested, a written statement from any or each of such subcontractors or suppliers that they have been paid in full, Ic) Retainaye( Final pa Lents. (This provision (c) applies only where me (jwner and Contractor are not the same party,) That t as security fur the faithful completion of the Improvements, Contractor and uwner dyree that the Owner shall retain ten percent f of the total dollar amount of the contract price until after final approval or acceptance of the Improvements by the City. The Owner f snail thereafter pay the contractor the reteinaye, only after 1 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, ZLxtures 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 6 i I r ♦f] f 1i 1 become the 'Property of the City free ana 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 encumorance to be satisfied and released or i promptly post a bona with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance, le) Maintenance Bond. That prior to approval or acceptance of the Improvements by the city, to furnian a maintenance bona in ! turn and substance acceptable to the City, in the amount of ten I percent I10i1 of the contract amount of the Improvements, insuring the repair and replacement of all detects uue to faulty material j E~ and workmahship that appear within one year frost the date of. } acceptance, The pond shall be in tavor oflltne City and shall be executed by an approved surety company authorized to do business in the State ox Texas, (f) Indemnification, To indemnify, defend and save v harmless the City, its ofticers, agents and employees trom all suits, actions or claims of any character, nat a .,nd description brought for or on account of any in)urier or aamages received as sustained by any person, persons or ;,t-1-Yerty on account of the PAGE 7 4 } i i operations of the Contractor, his agente, empW yees or sub- contractors= or on account of any negligent act or 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 Isuch injury or + / damage. { y^1 (g) agreement Controlling. That the provisions of this agreement shall control over any conflicti+:ry provisions of any contract between the owns. and Contractor ag to the construction / of the improvements. l f 3. occupancy. uwner turtner agrees that Owner will not aliow any purcnasers, lessee or utner person to occupy any builoiny within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the f ~ City $3100U.UU as liquidated damages, but such payment shall not j oe deemed approval of such occupancy and the City may take what- ever action necessary to restrain such occupancy. j 4. Covenants of City. That, upon proper Com")ietion of the J Improvements in accoraance with this agreement, the City agrees to 1 accept the Improvements. l 5. Venue and Governing Law. The parties herein agree that 1 this contract shall be entorceaole in Denton County, Texas, ano if legal action is necessary in connection therewitn, exclusive venue PAGE 8 y shall lie in, Denton County, Texas, The terms and provisions of this contact shall'' be construed in accoraance with the laws and court decisions of the State of Texas, 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assiyns,' i Executes in triplicate this, 29 day of December 1987 , OWNER CONTRACTOR Sin g Oaks Chur I of Christ Floyd nLle~n Smlth, Concrete C ntractor BYt _ BY. f : i i CITY OF U6NTO N, TEXAS j / PAL BY I CITY HANAGeP i ATTESTS i.'~• , i HRMt)TWTj A L'N, CITY 5ECHET'AHY Ci OF ENTONo TEXAS APPROVED AS TO LEGAL FORM: [ DEBRA ADAHI bRAYOVITCH, CITY ATTORNEY I CITY OF DENTON, TEXAS I BY. PAGE 9 F r ~T T AM t Y FEgyd Glenn Smith, Concrete Contractor P.O. Box 1781 Denlon,TX 78202 HOme (817) 283 5989 MObHI MO(ro (214) 850.8387 (817) 565.0114 PHONE DAIS ►epPOeAI W{MITT[D TO 387-4355 12/1`,187 t Sin in Oaks Church of Chris _ e AM STMILT 101 Cardinal Sidewalks & Drive A roach Joe toc ATION p7Y, {u7t AND IN DDDE 101 Cardinal Denton! IX 762.01 - JOA PHOS[ AROHIT[ci OA1[ or PIANe ,H Brown 381-4323 vw~~~~~ ..n Ka hereby submit Ipecdiuhons and nfimrlee tor', SIDEIIAM 370 LF Sidewalk @ $6.00AF Cutting out Wheelchair romps 2 ea. @ $25.00/ea (Includes all excavation) DRIVE APPROACH: nr~nt~ Breaking out and removing old concrete @ $1.00 S.F. Replacing with drive approach @ $1.50 S.F. /l t(} i ~p (79 3 Nd /-.Or r' 1a th, wnI 1 a v lL! n y MNjiz (it )t,4 ~c r ~ i ~c,b~$35$ I I f 1 i >f6f >pr0Pt791 hereby to tur!Ilsh material and labor - eomplete in eceordanee with {bDve {peeificetione, for the sum oft _ dollar$ Iyment to be made a unew[: i r / AN InNp111 N {W Nnhel ul Iw „sWuA,d, All Nall to M rem W,Vd In 1 woATIn91e AJlharitld r minner a<eardln{ to ,tmeae n,dlee,. Any Inwtlron a dbVI11Mn Iron IDDVe spre iNG- $I`n NUre _:D (F tlonl Ieroldn{ @,ho east, in be LLAtul!d only upon wane., OrdM, end will Ifeoml,A Note: Tiniq b e NIr1 pA lr{f OuH Ind eloN the Ulim 1<I. An IarUmrnlf tenhnpM open Nn,t 1, itrGenh day! W e411Y1 bqOP4 I" out tenbol, ryw addmsA i como40"t' n In wlnte nKn11ry mlunn[L withdrawn by us it not acdeptad within to carry 0,14. lrado Amid c0 t>w re.uM Am hM eerend ey gggggggg AttP~lltllttt DEY61dBEl1 -rho Ibaw pricer, syuEul o"t S ~nnwre and condddione art splelutoy and era hereby Kcepted, You Pre Wthoneld ; to da she woris r! peci}ied. Payme 1 will made a outlined etwve. )yt. ty~jttwl f" >•p,~, t„ S1 I 5gna~ure Otte at Acceptance: lt JO. i ID i C) F I ~ i f c FILE } 1 .c % • ` ` y 7 A c r r r d u t t d` rw r P~ ° J, ~s~{ti '4 Te 3• p° r r of Flo.Y `•'a ih'9y r~ .r 1J Yet 0#', i ".`.i 1j1 ~,r ~,if Cdr 'r{S,~ : i riS a'`r,;.'~ r c~ l~ to, o ^ r S / t ~ ¢p T e ~r r 1 +1 standard contained in Division II and III of the City's Standard ~a~++irry':' d 'ti l Specifications for Public Works Copstructtony North Central Texas, i`rrR amended, and alL addendums thereto, and all other regulations, rY"i'r ~ ,ordinances or specifUctions applicable to such Improvements, such r' specifications, standards, regulations ano ordinances being to a' expressly incorporated herein by reference and being made a part i a e} . # t of the agreement as though written herein. r~ 1W ry (b) Authority of City Engineer; Inspections, Teats and r v~.;k ; r 16 a'` Ordars. That all work on the Improvements shall b+ performed in a good and workmanlike manner and to the satisfaction of the City 1Er Engineer or his representative. The City Engineer shall decide all tr asx'r questions which arise as to the quality and acceptabillty of r x, k a,o,: iaterials furnished, work performed, and the interpretation of w$ specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining vhether or not the work performed was in accordance with the mar ; specifications applicable thereto. Any work done or materials tiS used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. J Upon failure of the Contractor to allow for inspection, S y'z to test materials furnished, to satisfactorily repair, remove or raplace,' if so directed, rejected, w,authorised or condemned work y Afi ' Y~~~7r k4 {'r , or materials, or to follow any other request or order of the City ` ,'a', 5 p{ PACE 3 s ti Y{ N . A CN~A' dr S $n+.Z fir` p'. r,, s 'v ' . •'Y ~,~.tY. v. i .l` i ~ 'v ' ~c 'F 4 t S r r qq k~y , ~YYF 1 } _ i ~ 1iL'- b J N' 6 5.: ~FV• " Yy A s . Y. ~o7e# tti l i w+'i' +1' Y °+h` is I y , T`: fr rftF {,.a Y / ,I W ! ~F'y, k uc Engineer or his representative, the city Engineer shall notify the O+rner of such failure and may suspend inspections of such work xis : • i"'~~i ; t until such failure is remedied. If such failure is not remedied 'd~~ ~t~ t 7~ 11 to the sacisEaction of the r CitY Engineer, the City shall have no r+~ li c .tiifrrtJ a+k i s?.~,GxA obligation under this agreement to approve of accept the Improvements. Y C (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 5randerd 5neciftcetions for Public Works Construction North Central -Texas, as amended, the~'~~y provisions of which are expressly Incorporated heroin by ! +Y+,it+a 1. ti reference; provided, however, for purpose of this provision only, vik,F i "Owner," as used therein, shall mean the City if Denton. Y4 . ~~}~A .)Al (d) Means and Methods of Construction. That the means and 4 :6 : methods of construction shall be such as Contractor may choose; I r~ Sy' } AN subject, however, to the City's right to reject any Improvements' for which the means or method of construction does not, in the jud ment of B the Ciry Engineer, assure that the Improvements were r'r7* constructed in accordance w' ith City specifications. ~a N , r 2. Mutual Covenants of Owner and Contractor. Owner and, Contractor mutually agree as follows. (a) Performance Bond' Escrow A reement. That if building '4"• a permits ate to be issued for the development prior to completion sff~~ , 7 9 wPACE 4W~r~`, P ' r 1 14 I 5' Y 4 1 ~ I ~,4~4 t' - E1rrt. JN r w. 0 14 V v fl! Y 1 C~ . f` c • r rF4 ~ A y 1! 9 . Y fYa' r 4 4V 11 - YI ILL • t e d, j ! L f t S"~ ri L R' 8ti ' u + IYM\L.. ra ~ 7 4 11 t 1,4 ~1~.1~'~ 1i i yR~y>•1 Y~ Sf.• ~I.I 9f 1~1 w„ and acceptedce of all Improvements that are to be dedicated to the 4 11~ SSA ftf#;' publ is t I rt (i) a performance bond in an amount not less than the i amount t I J", nts, sM1wr` determined necessary t e coCityLe Engineer~ov shall be submitted guaranteeing the full and faithful w4,°°, + comp let Lon of the Improvements meeting the ecificatioue of the City, shall be in favor of t 9t n City, and shall be executed by an approved steety company authorized to do business in the State of Texas; or1 4 1,1f " y 44 d, E, td Y' a"'J' (ii) it the cost of completing the Improvements, at the t y}r Gf tGD TLY3~`, ya time buildingg permits are requested, is in an amount of $50,000 or lose, as determined by the City Engineer, cash money in the amount necessary'' tM ild !11 to complete the Improvements, as determined by the r ,j, t 7 City Engineer, may be deposited with a bank as k}4!; escrow agent, pursuant to an escrow agreement #t' insuring completion of the lm roveuents. Without ~+'}1 kt„I exception, the City's escrow agreement form shall R ;1 be used. fry t } (b) Payment Bond; Assurance of Payment. That prior to ,it 2 fi ~j{riG t acceptance of the Improvements: yl (i) 6 payment bond will be furnished in an amount not t°'' 5a ,f r ess than one hundred percent (100%) of the k k'o F ~ ' approximate total cost of the contract cost of the Improvement, guaranteeing the full and proper protection r'f all claimants supplying labor and f4. material for the construction of the Improvements, f}\ a v shall be in favor of the City, and shall be executed by an approved surety company authorized M1 rlf .,.1 ~w to do business in the State of Texas; or (ii) if the total contract amount of all Improvements is less than $50,000 and a payment bond hoe no; r been submitted in rceor6ance with (i) above Owner and Contractor ogres and guarantee that any and all debts due to any person, firm or corporation yll, } having furnished labor, material or both in the f construction of the improvements shall be fully paid and satisfied before acceptance of the1 J,!r :w 1S t1 4, PAGE 5 d~'O' e a~5 r ~ w L i -F ji L, YJ Av f' I i1 4 ~ 117;4 . Z M1" - - , - • f`2~~1. c ,rt pY,J .i 00 1 r I e 1 F~ . 1 I ' 1 4f rw d K 1F t o, ,''Sr 2 q ><~I rl J ! k t r II f^" tj Improvements by the city and that, prior to acceptance of the Improvements, 4he Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bide, char,,+s, accounts Y" r or claims for labor performed and material fu.^ta'led in rq; ro` connection with the construction of the Improvements , have been paid in full and that there are no unreleased „s4 recorded liens filed against the Improvements, or land" a+ to khich they are affixed, that are to be dedicated to ~tF ' y the public, to 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 ~T r`.' } material for, the construction of the Improvements,; F?f-~ ,y=' and, when requested, a written statement from any or ~p}Yi+4i a;' ''r + each of such subcontractors or suppliers that they have been paid in full. y(' (c) Retainayet _112!1_-Payments ,"1 J (This provision (c) applies „~sr t" onay where the owner and Contractor are not the same pasty.) That~iyr`°'+, ~ h as security tot tiler faithful completion of the IF,Iprovements, " t Contractor anu owner agree tnat tae Owner shall retain tan percent of the total dollar amount of the contract price until after final Sh'y' ,c + approval or acceptance of the improvements by the City. The Owner.' shall tnereafter pay the Contractor the retainage, only after p4 y, q contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due ik. rah for labor, materials, apparatus, fixtures or machinery furnished ` a~. for and used in the performance of the work have been paid or ids kwtir,,r otherwise satisfied. oA+,~ i." 14 rf v ^ (d) Encumbrances. That upon completion and approval or r acceptance of the Improvements of the City, the Improvements shall 13 ' 1 MI ` PAGE 6 Fir r ~M tfh;ir i .I F' r ~ 1 , 1 3 y r M1 Y 1. 4~ 1 ~-1y} f • t C W 4. y A: i l5 K r , `ry W ~ /r Y r ~d~C r~ YS4i ~ FA AY ~ 1r X41 !W , r I y r rt'y :?si{'' Flykix °frf~ L'y, ~dr,.y~f y 'f i i 1 .y. q•~'. 3w e } r°... o Y + k~ + rt become she 'property Of the City tree and clear of all liens, V , 1; av a 4 i claims, charges or encumbrances of any kind, lit after acceptance, of the Improvements, any claim, lien, charge or encumbrance Is V, r 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 14 claim, lienr charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, 4 a lien, charge or encumbrance, in favor of the City, to insure hP1 , ~ payment of such claim, lien, charge or encumbrance, ' (e) Maintenance Bond. That yr r c, r prior co approval or acceptance Ja ' of the Improvements by the Ctcy, to furnian a maintenance Dona in S futon and substance acdeptaole to the City, n the amount of ten yd I,II, ~ 4 n ~ , r r~ 5 ~T, Y uµt'`hk lyv. a`f d percent (101) of the contract amount of the rmprovements, insuringE qq z" rw t~5 v the repair and replacement of all detects uue to faulty tnaterlai and workmanship that appear within one year from the date of 5~gt . acceptance. The bond shall be in tavor of the Ciay and shall be 1, rj executed b an approved surety company authorized co do business ,d v.. in the State c1 Texas, try . A r ~5 d (f) Indemnification. To indemnify, defend and save harmless the City, Its ofticece, agents and employees from all amts, actions or claims of any character, name and description F+ f 9' t brought for or on account of any !njuries or damages received as i t`n4', d III nx•' e I°1,; , § sustained by any person, persona or property on account of the PAGE 7'a •:s f 1 , - rrata~wrn itw ' "F. j '.k b. y k d { r pr t ~d 'r Si~tr„ y ''S• t 0 a~,,1~1114 J r;° if •a h Chyt~ Ory I ai~Ae jdY'tia operations of the Contractor, his agents, employees or sub-5' + 1 SFr contractors, at on account of any negligent act or fault of the of i Contractor, his agents, employees of subcontractors in construction of the Improvements, and shall pay any judgment, with costa, which may be obtained against the City 9rowin ky+ ~ ~ 4 out of such Injury or #,~w damage, ' (9) Agreement Controliina, a~ s a, ? That the provisions of this t'~~,y t agcee,rent shall control over any conflicting provisions of any 114 contract between the Owner and Contractor as to the construction klz~ k of the Improvements. +r},: 3. Occupancy, owner turener agrees that owner will not allow ttir any purchasers, lBBotle or usher Verson LJ OCI:U ~ + r + ' FyY any auildtnq 'lay'; ~ ~ ~~'t~.•, witnin toe aevelopnyent until all Improvements ere completed anu yf+ rr , (k'. accepted by the City, and that upon violation thereof will pay the i'!r f h City $3,000.00 as liquidated damages, but such Payment shall not }r, oe deemed approval of such occupancy and the City may take what- ever action necessary to restrain such occupancy. Covenants of City, ~ a ~ Thatr upon proper completion of the improvements in accordance with this agreement, the city agrees to }~,4 accept the Improvements, Venue and COVeCninQ Law. The Y• ~~S~A~•., parties herein agree that +il F1 y ~ t' + h , this contract Shall be enforceable in Denton County, Texas, and If ly a 5 1i, $ legal action to necessary in connection therewith, exclusive venue PACE 8 4 4+j 1 1~sav...~ , i 1x`= • r3' t ~t 4 4 I `Alt} 'I L j M1 r .t $9 +~ib " +yy .,x ref k"~ innd a w dT" ~j,ti i e xfrw rY _4 e 1~4'{t ~ ,",6w R t~~,. '!ar ~ s. i J . "1r rt k1 r j{ r ~ It e , w,8 410 ti t 9S ~ Y t , r ~M T rrp: t I a t* t v. , . r 9 r:'d"fir Ai yr ol, yet shall lie in Denton County, Texas. The terms and provisions of i0 this contact shall be construed in accordance with the laws and ,t tCr+°' 'V court decisions Of the state of Texas. i r b. Successor and Assigns. This contract shall be binding upon iz« f, N and inure to the beiietit of the parties hereto, their respective r r 4 54ra„ successors and aaatgne. V .t4 -11 1 s a Executes in triplicate this, day o!, 19 9r"7 't 41 OWNER CCG.A.ACPOA xk P•, ~ ? ` tic BY- }~J B Y t ~ 1, f~Lf~.I~Tr~ylC F, kb° SA CITY OF Uc:,TON, TEXAS bJ' V Sir 4 ' y~~' \ -T ''R54 1rf l \ I) 9 4 Jr t', T MANA 'LR d, p 1; ATTEST t Y tom; C ~i'.1 1 r " N, CITY SECRETARY I+' ilt' k MY (Q)I? ENTON TEXAS APPROVED AS TO LEGAL FORMt i ` DEBRA ADAMI DRAYOVITCB, CITY ATTORNEY! Ask CITY OF DENTON, TEXAS c' ~ w I'J a> Byl PAGE 9~ r*'- ~r{r~ Yr [ I r, Y s kk k.- f L ~fe1f . , ~ ~ rl G r t Cw' , ~ ad v ~ w°° IE. .f • C I Y i ,L" y~M 7 J kl r1~ PrO~Oia~ Proposal No. y~k3 ti : FROM S. 9. Colllna Shoal No. /09 West 6th St. p• Shady Shonta, TX DoleApail fJ, 198 ! E1T-191-3063 night .r r 383-3695 day a,n Proposal Submitted To Work To Be Performed At t Ri,;i'• S 'heat" q a V ' Name Qftiton Boaad o Rtattoaa Stre.t N. Elm and HUt St. ;e Street city_ Do"ton - `stal• Tezaa t Iva a City Date of Plum Slake Alchitecl ' Telephone Number Lot I R Btock 6r t ~ „ r We hereby propose to furnish all the malerlah and perform all the kbor ecenory for the c mplelia of 1 PaRktnq lot and Dalvtway iKetudtng 5" o6 concae It an~ ~latwonk r , fAl accoa ng o c y spier Aca a n ~h' y' ` 6 ,46b as 6t at a paces o i. pet a4 ma TnQa_ "o-dr-OF a ' off. 00. `1.Aa at ueett an a t oy,ilTCd oa e1 a ewa cons a Rn ,t B f. t makCn a total n l.f0l.f0a „crt, ' nadditCona~ehaRge [6 4emoval 06 ez armor wa- f~,'!4 ~y c a5 ik1 I ee'c (I t 0 t, t~yw All mottrial Is guaranteed to be 01 spesiAed, and the above work to be performed In ace n<e with the drowinps 4t' n"' F, and specficationf submitred Irt abet work and completed in a subdontial workmanlike manner for the sum of „ Do"anIS 9 06f.00 1. t•?j' r ; ,•}~y'.'I ° r with paymenb to be mode as followsr Bid (A) Only } I r r I*1 ~ E uPOH COmpltt•~On Or fob. t 5, t'A~4. x 1 'S r; 1 Any ollerohan or deriarien from above cpea'Acelionr involving axtrn casts, will be eeeculad only upon written orders, and whl ' become on extra chorpe over and above the t tamale. All agrtemenls conlingen! upon striker, eccidenls or delays beyond our dTY i , Ir f control. Owner to carry fire, lofnodo and aihs• neceuary insurance upon above wo+k. Workmen 1 compensolion and Public } Liability Inwranu on above work to be lakes ou, by~ _ rF y Rnpedhlly su:mined t4' Per Ijltl t Nole This proposal may be withd,own by us if not accepted within days ACCEPTANCE OF PROPOSAL The above price, specifications and conditions are salisfactory and are heeby accepted. Yov ere authorised to do the work as h specified. Payment will be made as outlined above. frt, _ rr I Aeeepled - 4, FORW 1060 Tw[ oast 40••'A NV, PuBlif"UL nu l,e F .a , , G in% A~o V •t' "y~ ♦ '.,tip } 3 71 r$ t ' Y 1 > h° r M1d' A'~i a, w 9 ` ~"k$.. CS.~ t QED 4~ (a 1 1233L 'ply PROJECT NO. y V ~9 YSy 1 ~ ' l 1 Wii CONTRACT NO. IA ir THE 5TATE OF TEXAS 9 r ' a p L AGREEMENT IN LIEU a5~~*I ~7 ,1E` r COUNTY OF DENTON OF PERFORMANCE BOND (Development Contract-Improvements Of $SU,000 or Less) ^q f~ 1 tl~ M r z' ° a r' WHEREAS, nnntan Bnard of RFAtTORS hereafter referred to as "Owner", has undertaken to deveiop property ~L within the City of Denton, Texas, or its extraterritorial jurisdiction; and ~~~y WHEREAS, Owner has, pursuant to the ordinances of the city 41 S V1w of Denton, Texas, hereafter referred to as "City", executed e Id } development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which { 1 are to be dedicated to the public, hereafter referred to as "Improvements") are constructed and completed in accordance with tue specifications, standards and ordinances of the City; and VA% *;+'r WHEREAS, Owner wishes to receive buildinjtra` i d permits for said property prior to the completion and approval or acceptance of .~s,, T the Improvements by the City; and S ` ' 4du w , . WHEREAS, in order to receive such building Permits Owner Wyn a r{ i 1 r, may, where the coat to complete the Improvements is 650,000 or less in lieu of posting a h $ perEornance bond, escrow cash money with a bank as escrow agent in an amount not less than the lry' amount necessary to insure completion of said Improvementa; 4•` ^ 4 1 1 _ r\ ..~.~'.w ""^.A~~'~tOM+w~~~n°~."n~,w.+~+w+-~.~~1.1MMw.IYq'VS- ~.n,~yy♦~ 1 ~~f., y I V 1 ~~A I141~. [R 1 f 1 ,4 'PI f j .r_' t uh.~ 4. 1i 11t rk 5'~i 1 } SSSF' ~dx v, i1 ~'<r v NOW, 'tHEREFOAE, OWNER, City and IM a _F~ rat ~tatg Aank, ' 1°C Y hereafter called "Escrow Agent", yagree as follows: 1, Amount. Owner, as a condition to receiving building per- r r•' mlta for property located at _41 as.i r 1009 N Elm Denton° Texas a shall deposit the t" f r L.; r. sum of ~I ff~Y p µ ,L~i 1201.20 e-#eaeapd-two kuadrs ' in cash money, with Escrow Agent, said sum being~4 r in an amount, ai dettrm!ned by the City, necessary to insure # ~r . $ z, completion of all Improvements which are to be de~icated to the public; said Improvements boini, more particularly described in zy" a that certain development ~ contract doted the 3rd day of zt{x K1Y June , 19 87,, between the City, Owner and Owner's yiy % 1 Contractor, to which reference is made herein. . 2. Notice of Deposit. No building permits shall be issued ti"i '!w!i4v u i by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount k~rf; ' k! specified herein, has been deposited in an escrow account with gYy.•' Escrow Agent. 4 q 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Kt Escrow Agent, in writing, to release such funds as provided for r, herein as follows. AU" Vt (a) the City Engineer shall authorize the release «p' t all the escrowed funds when all improvements are'! yd' V.", v t~ t.. v ; # r s• PACE z ` r v'n ° AIR~~iCXtM"-wP~a.+e~.-. ""~"""""~"^'!aM'4~N0MSa1wYw~.w .r-•..._...,, N~1, dap, 1 ' L It, t 4 1 , F+ S'4 1' 1{I{ S 1 ti i 4~ °.e Sn SR t~~ E i s i z a'd .a. ) Vr<t r p 4s. +r 5., ~I~~r y 3 +1 4i1✓ nkR.~i „ I 7M i' f1k~4 ` ]r completed and approved in accordance with <<, ` ' . provisions of the development contract; the %^'i determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto, l (b) The City Engineer, may, but is not required to - ;t authorize, periodically, the release of 4~"r +r, specified sums of the escrowed funds to the tilt Owner if, and as, the Improvements are completed !r~ and approved or accepted b the City in stages, ° so Ion; as the remaining funds not released are i ' sufficient to complate the constructiua of the w i remaining Improvements which have not been, but t are required, to be completed and accepted or l approved by the City. , A 1, 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of tdr, the part.les hereto, as follows: ,1~ Il CITY: City Engineer ti4, 215 East McKinney Denton, Texas 76201 ~•~'~i ~ OWNrlti ~ ~ri'. Beittep_g9axd~,r o~ermnna tart; .e~.i I6S11~.._F2m_- Denton. Texas • 1 , ~r ESCROW AGENT' , ~ F1rst State IIank i,, a„ , Ceaton Texas .sY r 4. Led. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. Noni!a~Lof Escrow Agent. The Escrow Agent shall { <rcr have no responsibility except for the safekeeping and delivery ar ear G f ' of the amounts deposited in the Escrow Account in accordance '0 i d {x a with this agreement, The Escrow Agent shall not be liable for any act done or omitted to be done under this a ~`~Ebyy greement or in PACE 3'' ` , R ^^w•.v ~,w,ow.w ...,..q,,,,.,ww~„IM YRA,R~W,w.~r'..ii.,..-r...,.--.~.~ a ~T 0.1 tY'" r ` ids • • G; 9~4A e } • p 1 1~ 9e , ! M f A I v, S yr ! IF M P f M'x~ k -k hri J. AMMON . 041 £fy r TV~ ~v ~ ,r ~d gE~ a connection 'with the amounts deposited in the Escrow Account 4 r 4fN. ~r except as a result of the Escrow r ~ Agent's gross negligence or willful misconduct. If an y question, dispute or disagreement arises among any one or more of the parties hereto and/or any rl~ other party with respect to the funds deposited in the Escrow 41 Account, the proper interpretation of this agreement, the duties i# dSVtx r V t ' of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the 1 question or dispute is settled 'e and the Escrow Agent has the absolute right at its discretion to do either or both of the r , following; Z (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow executed and binding upon all interested parties"r~F• 'F Elf hereto rt'`4 (who may include the subscribers), that the question, dispute, or disagreement has been z resolved; or N~4+ (b) fill a suit in interpleader and obtain by final r ^ yA rendered by a court of competent )uric- ~i4~',•;z , diction, an order binding all the matter. parties interested in `r, ,a 6. Successors and Assi na. This agreement shall be binding . r upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree ti-.at if any legal action 4 is necessary in connection with this agreement, exclusive venue shall Its in Denton County, Texas. „P e,. x , a 4t..' PACE ' 4 ^r,~71 vrA 411 ~ '~3 F 1 S +ddd~ i i r -~yb r4 a~ r, . ~F E < Tp A r N11 a ~•i V. r IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent hyt4~ " have signed this instrument this 3rd day of June 1987 ILI -I 4 IP CITY OF DENTON OWNER DENTON BOARD OF REALTORS INC. } BY: BY: ' Ie ESCROW AGENT FIRST TATE BANOF OF DENTON. TEKAS BY:, Jerry Falb 6, Vice President i- i F !4: 1A -~'C ~ t E r k~ r i e ( k gr<~irtr . , ~ ~ I ti ~a nr r c . p W Y p"11 PAGE S ee Y y ~'1 }d or ~ I ~ Y ~x Jr =W It h ' ~ r i r ' ' S: _ Ga':. 4 ~ a5y.~e ~s,~le . ~t• w ~ y ',Y~ ~"'4hY ~?.i°^e ~~•'r5`S~.#•'~~f&sc~,,` 5'L~, ~i7~i 1t trt R~"^ A'~^~ L1. iY&:sk~3~l.'.::.Y:il1~'.~ii1 ~:s li%~~`'i `~xx'ik.itix`- Mis !Yg,hh~•t• A- L L, w 7 t 7tw ywr 4 ~1, r ,.S +R,"CSYS ~ 1 1 I " SSSSSS .ti.` 3j 5 A V ~~A M 1 ~ RR Yjj~ 1 ! ~x u ~ Y 1~ 41 t ~til 1 Il ~a „'til ~ 1 ? f)r Y :s >V j I • i . 1 i.. •111,.. I` 1 1 ! ; ~ It t~' r~o,~ a~a e~~~',.'~'.~ ~arC: "'i' ;'.4f , • ~ , t~ ~ ~ ~ ~ PRO t~~~~ a JECT N0. I oy~; F_, CONTRACT NO._ rHE STATE OF TEXsd ~A i COUNTY OF DENTON DEVELOPMENT CONTRACT + Yf ~ 1 ' r~ " j Whereas, { t ~~r„ hereafter referred to as "Owner " a".` ' whose busineaa address is s,e+~ r ' 1001- k Etx TREFT UFkTO! ` ~ 7001" - f~ r is the owner of real property located in the corporate limits of rtYt the City of Denton, or its extraterritorial Jurisdiction; and P ;E( Whereas, Owner wishes to develop the ro ert P P y and such~4~ ` 1i' development must be performed in accordance with the a , pplicable y+ s' ordinances of the City of Denton, hereafter referred to as "Cit qtr' and Y ~.i ~`."ice , Whereas, u a condition to the beginning of cons +~~#aat truction of said development, a development contract is required to insure A that all streets, water and sewer lines, drainage facilities *,ad s'c ~1' ' s1a ottler improvements which ,are to be dedicated to the public, Ig ~ { hereafter referred to w'" ' at' es "Improvements," are consttucte'd in ` ',t°` ~ accordance with the City's specifications, standards end ' ordinances; and "ti, rr (select applicable provision as follows) YF ` 999 ~>eRb-I , k Whereas, the Owner elects to construct the Improvements without contracting with another art P 9 ime , P Y s r contractor in C `r:' 1 i.. 5 * a .t', l i I o- .'..`•"ra4~y~~J1L1W~,~ypic,ycwr..._.~..~_,...._.__. _ ~e a' y x, "oc y? (<r 'c~} ' ` ~vpk "m N, '~,lJ dr py., 1 rt. s'"r. n 3'yq ♦ ~y'~pv ei ~ e ' which case the provisions of this contract which refer to "Owner" S or "!Contractor" shall 'mean the Owner as named above; or i ' 1~ Y a r'1 ( ] Whereas, the Owner elects to. make such Improvements here- x ` after set forth by contracttn with w, g HASTY-FOWLER CONSTRUCTION INC. CM rat' UA LAW UN ANQFLO. TEXAS -76903 , whose business address is r`, 4 Sot rAQVIS IARE SAN ANGELO -TEXAS 76903 hereafter referred to as Contractor , and Whereas$ Owner and Contractor recognize that the City has an J interest in insuring that the Improvements sub;ect to this agreement, which will, upon completion and acceptance b the City, Y ~ tk aY a become public property, are properly constructed in accordance Ii ' with the City's specifications and that payment'is made therefor; WITNESSETH f I'Y „f As to the Improvementa to be dedicated to the public, as specified in Exhibit A. attached hereto and incorporated by ax v reference, to be installed and constructed at t`. _10QLItfLH DENTON.TEXAS P~~ i OA aTHERWISE AEFERED TO AS THE FIRST STREST WATEALINE PROJECT 1 u y t, 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 Improve- ments in accordance with thb procedures, specifications and PAGE 2 r 4 ~ 4 rA ! ~ R°. F 1'4 1•' pia' M~ arif" rh' , Lr M. i 1 e ~ 111 , ✓ standard contained in Division II and III of the City's Standard' ;f Specifications for Public Works Construction. North Central Texas, ' j as amended, and all addendums thereto, and all other regulations, k h~ iF 1.„' ordinances or specifications applicable to such Improvements, such ~~f specifications, standards, regulations end ordinances being expressly incorporated herein by reference and being made a part ,t of the agreement as though written herein. + i (b) Authority of City Engineer; Inspections, Tests and ` d: ' " orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City P, } Engineer or his representative. The City Engineer shall decide all ?M~ questions which arise as to the r ~ quality and acceptability of d" t materials furnished, work performed, and the interpretation of ~~*r specifications lij y t The Contractor shall furnish the City Engineer or his« ~r 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"' 1 used without suitable inspection by the City may be ordered , removed and replaced at Contractor's expense. :1t,4ti 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 PAGE 3. r,l I ~ "W I c a' ' .r 1 1"irt° e , . ,a ti4 Ir . ~r 1' 1 y yd's#~ r ./f• 1{ { . , r p N . 4~ 4 I 1' Y f 1 a'iV C ~ ~ 4 A i ~ ' 4F C 6 Y~ +N... . ~ 'a r M,:: ' >•51 f,~A'~~~3 rll t ~ .q ~ ! i I p ~ c Y, C ~ 1~.( lSa ~ , s~ 2~ C~, f+ r~ ^ S n ar+.d t • r:1 q -1 a t`-',~ 4u S tl,• ` ti,Q.7': q i`d""\G~ h2 r yA e ~ .1 [ a n I l ~ Y • r , , Y 4~ 1 1 rr f X 01 i4 , ~{4r l q t Engineer'or his representative, the City Engineer shall notify the sr Owner of such failure an¢ may suspend inspections of such work ?~v until such failure is.,remedted. If such failure is not remedied t~Trr s Al to the satisfaction of the 'City Engineer, the City shall have no r40al obligation under this agreement to approve or accept the iAV 4 h , Improvements. 4~. e~~ y ~ i (c) Insurance. To, provide for insurance' in accordanco'Wittl ti the insurance requirements applicable to contractors as provided, for in item 1.26 of Division I of the Standard Specifications for `'Fi'' Public Works Construction, North Central Texas, as amended, the aP,l provisions of which are expressly incorporated herein by w - reference; provided, however, for purpose of this provision only, 'x "Owner," as used therein, shall mean the City of Denton. (d) Means and Pethods of Construction. That the means and fit t methods of construction shall be such as Contractor may choose; , subject, however, to. the City's right to reject any, Improvements 3r ,r• for which the means or method of construction does not, in the n1', ',:+g1 U*«t~ judgment of the City Engineer, assure that the Improvements ware 9T-0 constructed in accordance with City specifications. q 41,; aka!'.' 2. Mutual Covenants of Owner and Contractor. Owner andN ias= Contractor mutually agree as follows: r{5 ' (a) Performance Bond; Escrow Agreement. That if building permits are to be issued for the development prior to completion ~ylo , tt w ~S't~ I.. yra ~ T i ~ 'SS•' a> t w t' PAGE 4 10. r• ' , r A b ex r ~~a 5y 74 At. i ' ~J ,S~ tY ~ ~ F cP r a:~~ ~ry ~:,aay $ Ar~~+ ).4 h~ Sr %;4 vj V'T I {dy / 'i hY 3' r yd~ r and acceptadce of all Improvements that are to be dedicated to the public: ~ Yf as v a v y. (1) a performance bond in an amount not less than the amount 'necessary to complete the Improvements, as a+ a e determined by the 'City En inter, shall be submitted. guaranteeing the gl ' full and faithful 41". completion of the Improvements meeting the y p specifications of the City, shall be in favor of nwi+n; the - City, -and shall' be , executed 'by' -an •ap'p'roved surety company authorized to do business in the ' Y State of 'texas; or 4 ~ . 4. t (ii) if the cost of completing the Improvements, at the "nit 1ti time buildingg permits are requested, is in an f ,ti• amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary i to complete the Improvements, as determined by the City Engineer, nay be deposited with a bank as escrow agent, pursuant to an escrow agreement r, insuring completion of the Improvements. Without exception, the City-'a escrow agreement form shall r ~ gib) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements. Ga M+r (i) a payment bond will be furnished in an amount not rr less than one hundred percent (100%) of -the ° approximate total cost of the contract cost of the " t Improvements guaranteeing the full and proper protection of all claimants supplying labor and Aye, material for the construction of the Improvements, ! shall be in favor of the City, and shall be t° executed by ar. approved surety company authorized w to do business in-the State of Texas; or (ii) if the total contract amount of all Improvements is less than $50,000 and a payment bond has not been submitted in accordance with (i) above, owner = and Contractor agree and f" all debts due to any person, firm rm guarantee or that corponyratioon and having furnished labors material or both in the s ' construction of the Improvements shall be fully ~,rl r paid and satisfied before secs + . ptance of the gar." % PACES a, ~.i `.'_Y _ "M""yiq~gR~YXR'$3~ti~M~y'~,;,~' ` ~ 114 r 1 l", z. f p IIJ pppggg A dj k r.y i ~1~`j v r4 r ^e i ~ L l~ 7 VY , v r hgis r , , y~ ~ asp ~ ~ f Improvements by the. City and that, prior to acceptance { of the Improvements, the turner and contractor shall " furnish a wgit,ten affadavit, in a form provided by the ytlP r, City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in Jd 1 connection .Mi'th the construction of the Improvements have been paid-in full and that there are no unreleased 11 ° recorded liens filed against the Improvementa, or land <°yA to which they are affixed, that are to be dedicated to ~46~r~ a the public. r That, upon the' request of the city Engineer, owner or 't_ Ors Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied y material for, the construction of the Im rovements 3 and, when requested, a written statement from any or a~•`;, ~ each of such subcontractors or suppliers that they have a 4,' i been paid in full., , M t (c) Retainagei Final Payments . - (This provision (c) applies ~ly~a~}~ ,•~r y, only where the Owner and Contractor'are not the same party.) Tnat Al as security for the Uilthful completion of the Improvements, c~r;w4" h , z Contractor and owner agree that the Owner shall retain -en percent [C° of the tots) dollar amount of the contract' price until after final approvau or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after K,. 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 k otherwise satisfied. + (d) Encumbrances, lehat upon completion and a ' pproval or acceptance of the Improvements of the City, the Improvements shall ; 1W PAGE 6 : }r+6 > 1~i lI V •r1 J 1r 41~T X a4 t, 1r 1,014, ~At f 1 I ,i rd le. ti. r4~':. c r~~•, ,s~ ~ ~ ?L ~ r ~ ~ a' d y ' 4w , !NC ao yNM ~.j2~1 ,s ~I ~,~W M1~: r 1 x'r 1 ~i`Y ~ f !.r {r F~~; ' rr~,4 } r Tfir~ x ~ ~ Sri a iJ~.t w X~v~+F a become the 'property of the City. free and clear of all lions, tit claims, charges or encumbrances of any kind. If, after acceptance &5 c of the Improvements, any' claim, lien, charge or encumbrance is A~ ~h made, or found to 'exist, against the Improvements, or land 1lv~'` ' deoicated to the City, to 'Which they are affixed, the owner and 'aar± KA, Contractor shall upon nonce by the City promptly cause such 'tom, K G lz 4 claim, lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim,°p;+•• x~;• lien, charge or encumbrance, in favor of the City, to insure i+ payment of ouch claim, lien, charge or encumbrance. , ~ erL (e) Maintenance Bond, That prior to approval or acceptance 4 ~r of the improvements by the City, to furnish a maintenance bend in form and substance acceptable to the City, in t'he amount of ten r'I, percent (101) of the contract amount of the improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear 4'ithin one year from the date of acceptance. The bond shall be in tavor of the City and shall be ' executed by an approved surety company authorized to do business ;I r.,* 41 in the State of Texas., (f) Indemnifitation. To Indemnify, defend and save a{ harmless the City, its ofticers, agents and employees from all 10 suits, actions or claims of any character, name and descript+sn brought for or on account of any injuries or damages received as In~'' sustained by any person, persons or 3` {r ' property on account of the •7 "AGE 7 TT ..n.•.... ~._.,,...~,.,.»«.y~• ~WNY~64r13*`,~~;t,y ' e UT rr r, i t R At S~ v j j ~5 u7L • ~L~~J r. i i '4't` , operations of the Contractor, his agents, employees of sub- 1 contractorsi or on acdount'.of any negligent act or fault of the "v ,k1 Y ~ ~ r Contractor, his agents, employees or subcontractors in construction,", r' M1; , of the Improvsmentsl and shall pay any judgment, with costs, which F ti " stay be obtained against the City gxowing out of such injury or s damage. fit, (9) Agreement Controlling. That the provisions of this agreement shall control over an conflictin any g provisions of any •,ry ~y ,,.r contract between the 0.vner and Contractor as to the construction, of the improvements. 3: Occupancy. owner further 'agrees that Owner will not allow y«r,',, nY any purehasera, lessee or otner person to occupy any building within the development until all Improvements are completed and $ry ray'. accepted by the City, and that upon violation thereof will pay the city $3,000.00 as liquidated damages, but such pays..nt shall not v+x~i+' 445`,. ae deemed approval of such occupancy and the City may take what.- " ever action necessary to restrain such occupancy. 1, 'ro-` d c' 34FA~; 4. Covenants of City. That, upon grope[ completion of the', S at: rrrw improvements in accordance with this agreement, the city agrees to :t accept the Improvements. OA r L Y Ret <it'? S. venue and Governing_ Law. The parties herein agree that LV this contract shall be enforceaole in Denton County, Texae, and If t` legal action is necessary in connection therewith, excluefve venue i. PAGE 8 Vt + do S L C>R„ t p~pOL~yy~ yMpr wp Mr'+rr asst}7~ i a r@ - S~. J +V , lust; 5 141 ~ ' '+z ♦r' ~e F1 , ~ (n 4 i ar~ r~r' y y r , S 1.}~ L~Lr tt 7" 1 1,• °t s ( 1.Y d 4; • f 171 1 a[ t y 4 ~ li v y 1 , ~v 1 ~ }yr.yt t.` Wi ~Y xr y ` d provisions of ~dy„ shall lie in Denton County, Texas. The terms an jr t y,•: this contact shall be construed in accordance with the laws and 1X X ,r court decisions of the State of Texas. ~r 6• Successor and Assign R. This contract shall be binding upon t fs l /~i°, and inure to the benefit of the parties hereto, their respective I r i" t4 successors and assigns. ~+r, 1• ~ •y~t1Y; t~ Executed in triplicate thisday of r l9 f Y`~ 0 NER CONTRACTOR y yr i t B BY: Pik,` i{t 44 P-24-4:-FII ~e 4R'~~ n ya.. t CITY OF llENTO , TEXAS ~y 1 { 6 Y i t ti ~ 1- ATTESTS l 4 444 ' C N, CITY SECRETARY ~Y` dr 1 Cl OF NTON, TEXAS 1 APPROVED AS TO LEGAL FORMS i~ t l z~i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY u, a I r„ CITY OF DENTON, TEXAS t~ y • .Mrs. 4yra l~ka, 1 a,. , ` Ip BYI z L', s PAGE 9rYY~y4 L~~~ .111. , * k. { u , .t { r i > a + + .t r. a {1 E s, R'te` t. .w n..p~ !iL Hasty-Fowler Construction CompanyE Inc. i, 601 CACTUS LANE F710NE 191516653122 SAN ANGELO. TEXAS 16903 I ~ , 1 '.Denton Board of Realtors a +wax 1001 North Elm Street e' Denton, Texas I":~ r 76201 41r . , Sul May lt, 1987 F "z c 'G Re: First Street Water Line X 4 To vtx n it may concern: f+ Below is a bid price list from Hasty-Fowler Construction Inc. in re- a gard to the First Street Water Line. fi hi a~ Item !l 101, C•900 PYC Water Line 415 @ 14.00 - $5,810.00 ~ ,ti v,}:• , . Item 12 10 x 8 Reducer 1 @ 148.00 - 148.00 1ng# . i Item 13 10 x 4 Reducer 1 @ 116.00 - 116.00 Item 14 10 x 6 M.J. Tee 1 @ 284,00 - 284.00 Item 15 6" Flanged gate valve and riser 1 @ 284.00 - 284.00 Item 16 6" Fire Hydrant 1 4 714.00 - 714.00 Item !7 Removal and replacement of vegetation U" Sun - 250.00 Item 18 Construction staking Lump an - 350.00 ` "~^~',y •4'+ ^~s Item 19 Miscellaneous Lump Sun a 750.00 "A WatetLine Total $8,706.00 nY "+rr S 'v ' I~' If ou have any questions concerning this list please contact Ricky Fowler at 817-565-0703. 1b1 Thank you, +I'rih'i• v.;"` s Ricky Fowner, iden a r . ty Hasty-Fowler Const Lion nc. 4 San Angelo, Texas `4 c t. 1 AP, 4` ^~4 ~4ri ~1' trN ry, , 1+ S i ` • r1Z v~ 1 lea p t 1 ~ 1 Ir , .l P y 0.` + Eµ 5 1~ t A~. C - it k[. ' 't ,31 A y ~d l ~C ,~1r a F~'T YxT+S e+W1 k. r'++ .l ( 4..t1 )n'1 1579Ei PROJECT NU.t~~l ° . f+A,i,: CONTRACT NO. CONTRACTOR'S PERFORMANCE BOND ~frTHE STATE OF TEXAS f KNOW ALL MEN BY THESE PRESENTS: "t 9 COUNTY OF DENTON S,,° 1 That Hasty Fowler Construction, Inc. of 501 Cactus Lane` San Angelo; , ' k~1M1r Sk+~4` Texas hereinafter called "Principal" and F1An74lY b eggoait tl 6o. any of-llarllen4 a corpo- ration organized under the laws of the State of M•rvland I~,t and authorized to do business in the State of Texas, hereinaftery F; ca called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton Count Texas 1 ~ hereinafter called "City", and y sppyy i'° hereinafter called "Developer" j t. to in the venal sum of 00 al't aw u coney o t o United races to be 6 x~ pa in enton county, rY t ' Texas, for the payment of which sum well and truly to be made t " we bind ourselves, our heirs, executors, administrators and r successors, jointly and severally, firmly by these presents, f,, t. h.yk ak THE CONDITION OF THIS OBLIGATION is such that WHEREAS the Principal entered into a certain contract with Developer dated as of the day of y "Contract") RAV , 19ji, (the , 1 t. y a copy of which is Attic t:ed hereto and ma e part hereof, for Rta ` ' construction of r P , tru Street water Lin! In ' 5t' to serve an Addition 'to s. the City o Denton, enton County, exas; t 1¢Qih 1 ' iii ' I f- r . u r 1 Ap t pp °:3. 17 'A ~ f Y t ry ~f ry f^ j Sr ~t i +}'1 F F, v k. k`a ~ .a k4"j K+s y. to c' ~ J. .ih F ~,f +d1Y,~y;,<ro 1J~C' x r .rt1 _y kRy .k e - s_ +i ~1 . NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties all of the undertakings, µ { r, covenants, terms, conditions anj agreements of said Contract wr~ " during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or [G without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason oc failure to .N do so, and shall reimburse and repay the City and the Developer ti. all outlay and expense which the City or the Developer may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations Euraishing materials for or performing labor in the prosecution o the work 4ty „y provided for in such Contract, and any authorized extension or rah modification thereof, then this obligation shall be void; l.x otherwise to renain in Eu11 force ai.d effect. ' x k ' PROVIDED FURTHER, that if any legal action be filed upon ~0, ? this bond, venue shall lie in Denton County, Toxas, and the said d; Surety, for value received Hereby stipulates and agrees that no k" change, extension of time, alteration or addition to the terms sx of the Contract or to the work to be performed thereunder or the sleciEications accompanying the same shall in any wise affect rc,; 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 or to the s ectEications. ' r IN WITNESS WHEREOF, this instrument is executed in tripli•lSft' cafe, each one of which shall be deemed an. original, this the 1g,L. ,;1 n 14th day of May IN r PRINCIPAL BY: Ricky Fowler. President s, 501 Cactus Lane ' "v San A e gj6A_ NYI ~7~ Fi' S y.. V}'t , ' ~k~ X11 , 't z CONTRACTOR'S PERFORMANCE BOND/PAGE 2 r t~ s. r' 1. sU c, I J ` It xl+ r 4 tr`.'+~}r? S> a ' x.+i :"zi A'.# try r 9 'Ilium M1 WITNESS WTO PRINCIPAL 501 Cactus Lane San An elo Texas reSS 4v 3 a~ SURETY y, Fidelity end Deposit company of Maryland BY r-- i _ S r t IFET - n- a-T ~s~ e wjfi •T7~Y~SU4T ttorney P.O. sox 1111,E F San Angelo, Texas 16902'' ' sy1 k. r. ressr . 4 p 1 h+'1 7 V` ~^/l I/ ,~F p~°~P;f 3 P.O. Box llll, San Angelo, Texas 76902 ~r A&cTrass Fd r` NOTES POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND " MUST NOT BE PRIOR TO DATE OF CONTRACT. I x 1 f I w~',~'hl + CONTRACTOR'S PERFOM14CE BOND/PACE 3 M1,V. .owrwluwa~i9~N.~MIww~"wr."'-•..•..v:-.~~._..__.. 5 l y t n xr ~ e 1 i t yr ~ 1 t I r~ t' 41 F ^.'.".'A.A.41`t'')•.akr~wir V 1 a r n. , . 5'r..,itsn/a Y . I the FIDELITY AND DEPOSIT COMPANY OF MARYLAND r'r 4T r' I.l a Q FIDELITY AND DEPOSIT COMPANY ;i CMlpinlea Holt( OTFICES'. SALTIY.v:. MD. 11201 •t POrF$R OF ATTORNEY r { r " • KN6 1v ALL MLN fly TMtst pltFstM: Thai the Fb: tUTY AND DOWTCOWAwNY OF MAINLAND. and the 11DOM ANA DEeosrt CowrANY, oorporatiom of the State of biaryla:d, by C. N. PECOT, JR. - , Vice'Prsaideot, ;iT ~ ; , . and C. V. R08EINS Assistant Secretary, in pnreuana or authority panted by Article VI, SocOon Y ofd the respectiVe BY-LAWS or taid Companies, which are met fortlt oar the reverse side hereof and are hereby certified to be in a, ~r , full force and effect of the data thereof, do hereby oominate,oonatituu, and appolat Robert L. Pieldtt, Don W. SStevats Roger !f. Dollivcr, Herbert R. Heard, George V, Horton and Walter N. er 1 ! .............a...,... ,i. Rodgers, all of Sao Ange:u, Texas , EACH. I true and lawful ateat and Attorneyin•Faci of each, Itr make, execute, seal and deliver, for, end an its behalf a surcry,andasits actanddeed: any and all bonds and undertastinga, each in a penalty not 1 w the THouSD behalieo! Indepemum Survivors;and.CommlunityCCurrdians.. ` 1x 1 e J ' y t a uecutio■ of such bonds or undertaklap In pursuance of theme presents, slid) be a binding upon said nY > Cotnpanles,ufullyandampry,toaltinrentoandpurposee,aiftheyltadbeen duly executed andacknowlediledbythe n+>. r resularly elected officers or the respect it* Companie■ at ibelr offices in beltitoore, Md..In their own !roper per tons. 4 , This power of attorney revokea that issued on behalf of Robert L. Fields, etal, dated, .rune 2, 1982. wffNtalwH(~ltop~ihesaidVice•PreaidentsandAubtent Secretaries have hereunto subscribed their names and t ' affired+e Corporale Salo of the said FIDEUTY AND DEPM COMPANY OFMASYLAND and the 11DI7JYt, ND Dq'oSrE a D. 19....114...... \ COMPANY this . w of«....«_...., Hay ' FIDELITY AND DEPOSIT COMPANY of RYLAND °i c 4 r AT'FTST t SEAL l li O.. «.Y .t..,.'~ S r 'Stooooioc ` FIDELITY ANq-e MPANY tII ' t, .a r aEAL e.w. R...g µw...... B y ' wf • • Y 1.Y S TtTraMunaa Cr" Or 1■Ln t u } A. D.19 84 Wort, IN e■YniMr, a N.tw h, =16" el }~r~bea W sal S Oa J4 l9 t!1 " depot May ' i16M d t1r ITL A,9D . . , ~ for tM Cltf dlahi■an. e.y»■■irbo•1 seJ iurlifwl eme.Ya eMvrsanwd YkspnttMnt, ■nl A~ DEFp51TLY1M►ANYOfIQ11YLiNDaeetfeFlDEI.ITfANODEPOSITCOIVANY,NaeprnneErlnewalaMtMle11.i1a■bul■lr~n^ t r...' tr { a•t<ri►•d►er,ieaeae►e neeat■r tke FraeediK teNretxatl tnf tae eel arkurl~d{•/tN n•eanat dtlw rtr,tal k•Indk rwhe•wa. 5 ccee < rY ~ ,I ,erera,yadu\tu 61■uF~e►nMt#eeluitb,ekN tAermtheallRffieNedtAa epanln Jaerieaulthal de M■4NtW rrr" le,lrv■ml urWGrryrW SSeed,dweGeappn{.a, tad tkd tMN ~rai• 4t•,1 tlakeytuWrn ■,,■ekdfwrs yen df alr ,i,. ena•[rlLrd le dw said knre■aat h tN aatWrkr sal llnttka d tM rMTwrFernbea' Test ,loot. IN TMIMONY IFHEIlEOF, t 1n• k•rwnu eN ■r Nna acl .Meal ■r Olfubt Seal r d u IA• M ; j t . - M,ItINI, ,lA iJ r My eommiulon eaplra.lµly«.I..... `54{ .;t . , S'v' CERTIFICATE I, tAa enMn ~n•a AN61aM Sat twy of ika FIDELITY AND DEPOStt GOM►y tpy Ut Da art. Iii in b1 Forms " one" .~■e T rt 1 a P t n ' me IN i CoMPAN1MNrd'anJ tMtLwltlrrltorattheY ■ *14tg@ as al 1 vbdrMflD , `t# @1 Noke1•~nif *toga pMerf""har eewtttfa~inr A,ae•~~ I~a lulartler■~ NU►ei/.nI M MtKyVi wo of rC ki e we vbhwliau Wi r7~ y r> . AN11DElosrjCOMtANTOFMAIIYLAnDanItMF1DEl1TYANDDVOVTODMfANP. ` y► is "'Ow■te so M tlp,td kr 4eN■n• enkr Ana 1►,atfunll of rNd+ttette d iN Iond d N keen d ow FIDrtm ASD NNW COMIAN'1 MAZY '4DNattrNtnddet e,n,dspakrm !o iks4Norv r yitlrnudertAaMeradNarbndt1,11t'CLMAND S p~ 1 MN t t~ DE1051tW.MPANYalsau,tiryhtrnllNan/ee eetM!■/ 4u d ~xnantS■NetuydtMCeeyur.kNl.rtudeNrN.krrM IsMV0."na:trwbnhaib0owchoeWARY rrpaax•dr 1{d ndMK q~ r A 1. ker•an,r, wMu.er ~pyeNI ap■ t toil Mod ropy it an f•aer 170 unay 661124 by IN ri■paoy. dell to to i4wa ~ca ■ Wit tM wmr lane aM elfecrn tAenFl, trwau.llr dfed. arabdtl„rI G■WnN,.tua 1si IN TESTIMONY R' H(AtAF.I 1, re Anwatn,ulaerikef ■r oaNa and dRua tN rorprN , • Ind.. ~9.-......,,....,.,,M..,~B.t ~ ~r~r ~ 9~~.d •wwa,, ~M .Ibtl-6156 ~t r s'W 1'(tli 1'OI'lt t'It(rl'f't"1']i t\ I t trek }'(ill 'I! ll, if" 'to, A1: .C ba } r,i +Y F.ltd:`F'ft'■.~r. t•, ,,a-n«aeww "'a /y tt YkW , V .11 . _ Y . 4L w#~ l .s, r ni t1 , EXTRACT FROM BUAW'S OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND r "Arikie VI, Section 2, The Presldent,w may Executive Vke Pmidents,or any of the Senior VkaPrtsidenta rY Vka,Praldents r~ apect0Y utl mired sn to do by the Board of Directors at by the Ear,vtlve Committee, shall have poser, by sad f with the cant, ante of the Secretary many one of Antowt Secretaries, to appoint Resident YcaPresidents, Assistant Vice-Prts~Idtnts, and At. , t tornks•In-Frt u the busln:r of the Company may require, w to r uthorite any perean or persons to execute on behalf of the ',7{ Company any bondo,undertaklop, rangnitanra, x6pulslkns, pollc~q, contracts, a;raments, deeds, and releases and amignments t of judgments, decree, morrmes and Ianruments In the nature of nortgalek and aboall a,lawt,umtnuanddocumtnte which 'j the businer or the Company may require, and to al is the"of the Coarnany thrrsto." i EXTRACT FROM BY-LAW'S OF FIDELITY AND DEPOSIT COMPANY 1 "Artirk VI. Sectlon 2. The Praident, w any one or the Executive tircrpreidents, or any one of the additlonal N"ka-Presfdeob apeciaily authorized so to do by the Hoard d Directors or by the F. tecutfve Coramlllae, shall have currents cf the Secret power, to and with the a ts, f ~ Secretary or way one of the Arl.t+nt Secretor n, to t4ppaic t Resident VkaPresidents, Assistant Ys:rPraidenb Raldent Anlstant Secretaries and Atic neye•in-Fact u the bt sinep cl the Company may require, or to authcrtse any person or ' Bona to execute on behalf bribe Company any bunds, undertal0ri,re.ognhrawes, nipulations, policks,eontracts, agreements, dt L, and releasesand aMilnmtnts of judgments, decree, mnnpge LA In nruments In the nature of mortgages, and also all other In. ' n,vments 441d daumMts *Mi h the businessof the Company may •t%,uire, and to At the &W or the Compaay thereto," ' 1 I Ii I 1 , IIIIIk vi r r, yy~ , lLj' 1 l ` f y. t I: l 1 i I a 1 gt tx , L 1378L f. PROJECT NO. ~y. CONTRACT NO. r CONTRACTOR'S PAYMENT BOND ?HE STATE OF TEXAS S ~fAHH~~.-51, COUNTY OF DENTON i KNOW ALL MEN BY THESE PRESENTS: That Hasty Fowler Coabtruction, Inc. w , t4 a. 9 of 501 Caet' r Lone r San Angetc, Ir Texas hereinafter called "Principal" and Fidelity and Deposit rrc i Company of Matylsnd y t" ' ration organized under the laws of the State of a corps- Merylan_ ar and authorlzed to do business to the State of Texas, herein iaftery ` R t called "Surety", are held and firmly bound unto the City of De nton; Texas, a Municipal Corporation in Denton Count hereinafter called "City" Y. Texas, , and hereinafter called "Develop6y'l, and unto all ~ • persons, firms and corporations who may furnish materials or perform labor for the building or improveme f ` # ~nts here- inafter referred to in the penal sum of ' ~p+~-.~b1Ya1aA a y, A J aJ.{~ p ~S~rnR nn lawful money of the United States, to be geld In Denton County, e~+a ` Texas, for the payment of which sum well and trul to be made, We bind ourselves yy Sr. successors our heirs, ~ executors, admIA pre and jointly and severally, firmly by these e presents, s. f THE CONDITION OF THIS OBLIGATION is such that WHEREAS the Prircipal entered into a edit certain contract with Developer dated as of the -,""day of 19--w (the "Contract"), ~1r r ' f F4 .r ' _....,...c.,v. a z . ,y 1 i 1 1 F X a copy of which is attached hereto and made a part hereof, for eonstructiorf Of First Street Water Line to serve rt - - - - - - - - - - - - - the City o enton, arston ounty, exas an Addition to at NOW, THEPEFORE r r: the condition of that I the Principal this obligation is such r.; shall promptly make an to ll claimants, as defined in Article S160, Revised Ci !lm Sttatu esaof Texas and all claimants as that term is used in Article 5472d, Revised Civil Statutes of Texas, as recodlfied in Chapter 53, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall, be null and void, otherwise, It shall remain in full force and effect. ,^{4 This Bond is made and entered into solely for the protection " of all claimants supplying labor and material in the prosecution !et$"~'` of the work provided for In said Contract, and all such claimants t shall have a direct right of action under the bond as provided In ~ i Article 5260 Revised Civil Statutes and Article 5472d, Revised a Civil Statutes, as recodifled in Chapter 53, Subchapter I of the 6+#<c, Texas Property Code, as the case may be. PROVIDED FURTHER, that, if any legal, action be. filed upon this 'bond, venue shall lie in Denton County, surety, For value received, hereby stipulates and axas. grees The that said no change, extension of time, alteration or addition to the terms offs the contract veto the work to be performed thereunder or the w y s eclFlcatlons eccompan ing the same shall in any wise affect its y ryF 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 or to the specifications. PROVIDED FURTHER, that no final settlement between the City ` and/or Developer and the principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, 4 s w IN WITNESS WHEREOF, this Instrument Is executed in trlp1i- Cate, each one of which shall be deemed an original, this the _.1Ltb day of PPINCIPAL CONTRACTOR'S PAYMENT BOND/PAGE 2 Y1 Y~• ' rig. J t t of 1~ Ey BYS Ricky Fowler. President r 501 Cactus Lane s a1', San Angelo, Texas' 75902; ress f WITNESS AS TO PRINCIPAL Sol Cactus Lane, San Angelo. Taxae 1 SURETY Fidelity and Deposit Company of Maryland By. torney- n• act stir{ SECKETARY (SURETY) { P.O. Box 1111 Y k+ ~`y S San Angelo, Texas 76902 141 LAddress) VITNE55 AS TO bURMIZ ,f rs 1 r' ~ 1 P.O. Box 1111, San Angelo, Texas 76902 NOTES POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i~1 1~1't t~J l` 41 i~ ,ERy3 * 7~ 7 X;. 55 t +I. ~ 1 y CONTRACTORIS PAYMENT BOND/PAGE S '•;'`'j 011 t q ,.r , e l i! r ~k '.FaaF't Ow •ne FIDELITY AND DEPOSIT COMPANY OF MARYLAND a Q FIDELITY AND DEPOSIT COMPANY > HOMI OP PIC ES, BALTIMOI I. ND I 120:1 r POWER OF ATTORNEY KNOW ALL MEN BY THESE PRISEM: Thai the FIDLUTY AND DEPOSIT COMPANY Of MARYLAND, And & FIDELITY AND DTPOSIT COMPANY, corporation of the Siste of Mnyland, by C. H. PECOT, JR, , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Lars of said companies, which are set forth on the reverse side hereof and are hereby unified lobe in full force and effect of the data thereof, do hereby nominate, constitute, and appoint +iobert L. Fields, Don V. Stewart, Roger H. Dolliver, Herbert R. Heard, George W. Horton and Walter N. Rodgers, di of San Angelo, Taxis, EACH k~! I e true and lawful agent and Attorney InTrIct of each, to make, aecule, real and deliver, for, and on Its behalf is surety,anduiuactanddeed: any and all bonds and undertakings, each in a penalty not 44rP to exceed the sum of FIVE HUNDRED THOUSAND DOLLARS iS500,000 ...EECEPI bonds on r' behalf of Independent Executors, Community Survivors and Community Guardians. ~t 7 I e taecutfun of such bonds or undertakings In pursuance of these preienle, shall bt as binding upon said w{ ' Companies, a fully end amply, to all intents and purposes, a if they had been duly tascuted and Acknowledged by The regularly elected off sera of the respective Companies it their offices in Raltlmore. Md., in their awn proper potions. 4 This power of attorney revokes that issued on behalf of Robert L. }lelds, etal, dated, June 2, 1982. u1 IN WITNE5,7aNGEOr,thasaid Viee-PresidentundAssistant 5ecret^rieshave hereunto eubxsibedtheunames and !I y offiled the Corporate Seals of the raid 11DELITY AND DEPOSIT COMPANY Of MARYLAND, rod the F IDEIM AND DEPOSrT u a t COMPANY this ........Alkh,. day of......... May A.D. 19,..14 ; ArMli FIDELITY AND DEPOSIT CONPANY OF RYLAND ' r FIDELITY AND DEPOS COMPANY r Adaw Sansei +f ' ~ Ste+rof M,an.1Ae CmalnLTI0 f of l0 84 MIas tM,ulYdba a NolY hMUaftl,3al,sllA.r 4nd,N.^d Oaths 29th 111117 sir HaY A ~u f , olSecretarial it idowiM d,~rAti~ ' DLMStTSCMOM A+tNY11ARYLANDi^/IA,IPIDLLI8111rANDDtAOSyr g10111111MPANT NM,arr,ani d.nr d.Yr11,1 ber,la 1111 wk• naeel,l .M peatd;ry In,trYYent snl Ikf a sd^pr1•dp/ Iph, naatbr al rite aw sallsiy 1'gaM hlhy Irp^q. a ~ a I,n,b~nMnl ui QurLwerpenu~r Js ar Wlfnnyinlei ieliMNlttN,~isl~Gru~~seeni, SeCit~i in/1k•Ir lidn }YfN1Y 1~ile~Milh ieN lvl~irti e~ini~~~`~ S wlwrriMl Y IM 1sNnstrvra•M k+te wlh,rut 1n~ /orsetba of Ih1 YII Terpautonl. ' rrlme.TESTIMONY R'NERLO+, I h,r111rwnls at a1r hanl,n/1M1d ey fNRrIA Sal y d hl : n tM W bid slat. _ ~ . r My commiulon nptra....................... ,fmy...I...LR~.A. t, p CERTIFICATE , CAMrf NYfoMn lei A, ,14ritIlarrel ull„nxlAFUTY NDDAttiufercplnrbict AfrMA1 11 AND and 4111y~YI6Imil ~ audd lsalait 1 be leir P'r~wldelMap, 1~lJK,if,I Sn0qtdppl ir1rNflwf asneilf thll the Vke nlldretlPrl/ alavr,/ tM Y~1 iRY ar Ilan p rooll 410ANDDCOStTCAMPAMYO~`i~AveL~t9t°`D;nliFattPlDlU4`4NDDarPIO~SitCOOMPAN1~4nlst+ rarerlnlrla Talc MIA0114 WAY M dan,d hr r,rdlnilr snbr 101 hL utheruf oM f ravlYtf~i ar the 60ow d DIrsi s IM rIoWrv AND DEPOSIT ~ COMPANY Or MAR LANDNs PII^I d alldlnlhet~sntM1 /sP•r YIy,19AIa1d,Mf•.,/.fDualaldtMFIDELITYA D DTPNt trLD ,I as N sal Ln1 h~ a'tMids, 411414 •t at ony illim r ay ~G«sY N f It 1 ye ah.11we sYdPigrN ruh 11P EST r tllneu tn,nY,11 sin, r y ^^"'PCi It1 P( d r ^P Mrx er~/rT nMON1h fWHEACOac 1i 11~ nMrre ^Ire,uLxnhde am, sn/,fiidM r, p rs a na.I,iY:V MA wM P edfIKi^,^pdn1" tW 15th days May I'rti 1'ttl N.I'Rltlli !NI'~ 1Uttt;1'ttlt I'll°'.f.~ly\1',\111+,\f.11+` • u: r<.d..S'`+.'+3:r:,sa...c cr : t::'.,:+aw+dtk}ewl•.9.,,..: s,.: ~ _..~..+.•....k..;.. .._,..1 w:r'. , r ~.k:~.e~arJri.. .a_. ~..3.1....SM~P~~ / EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "ArskSt VI, Section Z. The Preaidat, or any Executive Vke Presldente or any or the Senior Vx:o-Prrsldante or Vke-Nestdents ti, t wple461Y authwlxedeo to do by the Board of Directors or by Ib* Es xutlve Committee, shatl have power, by sod rrit!'tAe twncurr• e arses of the Secretary or any one of Anhtanl Secretaries, to appoint Resident Vice-Presidents, Aoaletant Vice-Proideate, and At. ' tanisio-Fart as the business of the Company may require, or to authortu any person or persona to execute oa behalf 0 the Company any bonds, undertakings, recognixances, niyulattons, policies, contracts, agreements, deeds, and rslteses and asal`oments of Judgments, decrees, tnnrtgagra sod Instruments hi the naturrof mortgages. and ahoall other Instmments and documents wbk h the buelnest of the Company may require, and to atRx the.W or the Company thereto," n1 EXTRACT FROM UY-LAWS OF FIDELITY AND DEPOSIT COMPANY y ? } "Article V, Sectka T. The President, or any one of the Exeeurivw Vke•Presid mu. or any one of the sdditloaai Mree-Prteduts V~ >j spe,ially autbrlaed so to do by the Huard of Oireelore or by the Executive Committee, whall have powe , byand rith tha dat• ~A Ih twmKe of If* Secretary or any one of the Am6tant SorrMUles, to appoint Rnldent Vka-Prasidents, Aealstant Mice-Preaidats, Resident Aidtant Secretarle, m,i Attn. oeys in-Fact as the buslner of the Company may require, or to aathorut any person or Per. ' sons to txecutvr tw latf 4 the r mpanv %..y bonds, undertakings, rtcognlmnees, wt'pulatlons, policies, con tracts, agreements, dads, ~ and rekasea end exsignments of y Idgmeots, decree., mortgage and tiutruments in the astern of tncrigages, and echo all other Is. s, etruments sod dneuments which tL+business of the Company may requi», and to affix the Berl of the company thereto." r • ' ` r q i 1 i 1,T 1 yR~(.~, ' r I .f x Myf 1 4~ t T F {1 , rr' 40 ,'t , •^~~~Y~`t"~'K7.#.~S;adl itQ lah'LG'~~%y~.4:~.,(~'1i.~A~~d M,B'hC.w , ,,"u9v^!,4 ' 1,.::~1 "4.~+'~4 B•": a ~ - r .t , " , R+ k.~~~ F,y k"y° F Yz'k'. 41.. . i + tl a , `a RFC i~ ~yti a ' '~1"r M 00 41 41, 4 is lY~-~~ 4 0163t „gin { 44 PROJECT NO. r CONTRACT NO. ~ CONTRACTOR'S MAINTENANCE BOND < (DEVELOPMENT CONTRACT) w THE STATE OF TEXAS COUNTY OF D£NTON § KNOW ALL MEN BY THESE PRESENTS: 1 ei That Hasty Fowler Construction, Inc. 501 Cactus Lane, San Angelo, Texas ' T, of Tom Crean County, Texas, hereinafter called Principal'' kti _ 4r ap' ' and Fidelity and Deposit Company of Maryland ~ ~~s 1 Zorporat on organ ze un er t e awe o 't hi State o ry an `k and authorized to do business in the State of Texas, here as ter called "Surety", are held and firmly bound unto the City of Denton Texas, a Municipal Corporation, in Denton County, Texas, ~.s Y; hereinafter called City in the penal sum of All ' o e s, e u mon y o t o n to to es the sa sum a ng`", s ° ten percent (10%) of the total amount of the hereinafter men- tioned contract, for the payment of which sum well cnd truly to be made we bind ourselves, our heirs, executors, admiiistrators, and successors, jointly and severally. THE Condition of this Obligation is such that: en~u '4 4 WHEREAS, the Principal entered into a certain contract with sT~k`a+ Contractor, dated the ~eth day of MOY e7 the proper performance o-T-which the City 19 , in rti an interest, a copy of which is hereto rh~gnd,madeaa Part her~pf for ths, construction of., , n4 street star ins a Z }i._PF ~ ,1 y 1 I S CONTRACTOR'S MAINTENANCE BOND-PACE ONE . 4 ' 9~ ~ ~ ..~.-^•TMn1~p•.•fI'IW.. ,.p w...w a-.. uvYVM1Vr^✓i ~ 1~ 1 f t° Hy III ~ J ~i ~Af t.. ' s w dy , I' d A.I +w" ~ 'S l r ; s ~ + }.'W~[ dr r . F .7 µ2 A w~• l,.,., 7Ai~yt ;x +',.i ~''t j{ {n , i~. x P `i ! 1 red ~ ~ti. 17~+, r ,r. I ~ !t 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 q out of or arising from the improper work of the same, including, 1 but not limited to, any mottling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, bickfilling, compacting or any other' cause or condition, known or unknown, at any time duringg then, Period of this bond, which the city engineer, whose judgment syfti s shall be final and conclusive, determines to be the result of f` defective work, materials or labor; then this obligation shall ,,s` { be void, otherwise to remain in full force and effect. ~~~`3t i a 1 In case the said Principal shall fail to maintain, repair or f+`i, r' reconstruct any defective condition of the work as determined herein, it to agreed that the City may do said work and supply >s~A;'• } such nec ssar Principal rand ials"asurety on thiy and obligation, the mum against the said ~Iryka~+r. It is further agreed that this obligation shall be continued K;'+r4! one against the Principal and Surety and that successive n`1 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~° r obligation to maintain said-work shall continue throughout.soid., maintenance period, and the same shall not be changed, N ii 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 tripli- cats, each one of which shall be deemed an original, this the ry s oh day .of May , 19 r . Sr rte r PRINCIPAL ~zj SURETY y C ;oWleg coo Fidelit, id r it'Eumpetryrvf ksrylend ` r t "'{fe4 4 r y; 'd BYty, BY4 ATTOR Ilic cy Fowler, President 7 r r ~:'f Mf CONTRACTOR'S MAINTENANCE BOND-PACE TWO t i ee1k~ ~ r. l r, n~ { NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND k Sri' MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: 9r9. t W{ i~ n r ~ ww 1 ~ aL~l , 1r d r F . w ~ Yr ' i ,1 ~~~1r x• J.. 'ndlat~' ;.~1: . ~.`s 4 r`• "~t~~vil 3^ 3 i~4f' 44 , , r { $ter ~,'9 i . o Ill ~'8~ !~~rt n ^ r ~ti a pl{R y ~V, by CONTRACTORIS MAINTENANCE BOND-PAGE THREE ','f.' • • f .t r9 X47 1 ~l jqy The FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1105 a D FIDELITY AND DEPOSIT COMPANY HONE OFFICES: BALTIMORE, LID. 21205 POWER OF ATTORNEY KNOT! AI.L MEN BY THESE PaEsENTS: Tbaf the FtDUM AND DEPOSIT COMPANY OF MOVIAND, and the F2DWYV A,ND DEPOSIT COMPANY, corporations of the State of Maryland, b C. M. PECOT, JR. by , Viet- President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority `ranted by ArVile V1. Section 2 of r the respective Hy-Lawe of said Co mpanies, which are eel (*rib on the reverse side hereof and are hereby cerrified io be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W. Stewart, Roger M. Dolllver, Herbert R. Heard, George W. Horton and Walter N. Rodgers, all of San Angelo, Texas, EACH r t e True anh'- d lewlui gent and Auorney•In Fact of each, to make, execute, seal and deliver, for, and on its behalf u surety, and it 4s act slid dated: any and all bonds ■nd undertakings, each in a penalty not to P%ceed th,i cum of FIVE HUNDRED THOUSAND DOLLARS IS500,0001...EXCEVT bonds on btnalf of Ind,-pendent Executors, Community Survivors and Community Guardians.. FF"" F r q I e execution of such bonds or undertakings in pursuance of them presents, ,hall be to binding upon said J Companlea,asfullyInd atnply.is All inlenuAnd purpoeex,to if they had been dulyexecuted and acknowledged by the regularly elected officers of the re.yretive Companies at their office. in Baltimore. Md., in their ova propet persona. ' This power of attorney revokes that issued on behalf of Robert L. Fields, ,tai, ' dated, June 2, 1982. a k' IN WITNESS WHEREOF. the said Vice-Presidents and Assistant 5ecrelarits have hereuntooubseribedtheirnarvi , affixed the Corporate Seals of Iha said FIDEUTY AND DEPWIT COMPANY Or MAIYLANO and the FIDEl1TY AND DEPOSIT . x~r . COMPANY this ftk.................... day of.,. )W-- A.D. 19.... Ak...... r.. , a i. ATTLSTI FIDEUTY AND DEPOSIT COMPANY OF RYLAND A A~ . A Ar --kill Y,r ~ ,y I I' FIDEUTY AND DE COMPANY a5 a , AWeaY 7w+etarP ,etMr/wt ~ SraxaMuruns Y, r Crrr Ol ltLrlMOAx Dated 29th deyd May A.D.10 64bat.+eotNnbowr,iwr,aNolryPeblk fMSwad/4r~yea, 4wd ij,:. tot its Clly d Bahlaasn, duly Commissions) and udified time IM.bawnne/ Yke PreudeeU of AmmeM 9omo4rtr d,M F1D771TY AND 4 DEPOSIT COMPANY OfMANVIANDse11theADELITIIANDDEP04TCOMPANY, YaPuwe.HyWere IsbetMiedl.YwbIM.Rku, ,,L Ir dueribod►sroln mid he @%koisd IM ptesdinE insiroeani, and IMF *kit eck aorhfpd the mealia~e of the wme, set rely bf sae hlf rrnR, i Mnutly on/earl low himrrlfd.pwl king "11%. that they U4 Ill* NI sfaceu of tAtfampanlea daft"I ,mhW da wMella rash.aeK,liiM In n ptmsat its lM Grperda Sala of YN Gmvmks and that SM raid feep polo Seeis and their slsnoterot AN reek atlkrs ran dtdy aRmed a Yy, i' r lubtrlbd is the mid iml"nmel by the lutharlly Ili diractlun of the YM Cityowelkln. a 2N TESTIMONY WHEN [Or. I haN hot" his YI ray hand and dheed of OFAekI[}S.u~11.L'lrkal~r of 1u a IN at het Jato Wflites. row My comminion axpires,>1MIR.,.6-1144........ CERTIFICATE 1, the Rn4nlp,sd AWMant Swetary d tM FIDEUTY AND DEMT COMPANY OF MARYUND and the F1DtUT"Y AND DEPOSIT Y COMPANYkMrel) andLllai the Mitlnalorwd Anownt drkitt faoy,kyIs %f N,u sea Rowlett spy. ISIS fell foret andefert a a tb dolt of this torlllkair, and I As hnhe- tnt~ that the Vito l<e"$ORIN a,le R~IIIUUtd I YN ortt of Auereay rtn Y'pqea Pnee":16N ow~ W.It A aulhorleada tksEoardoolDiralosts nael0CanyAns.eo h,foeiY eModiaArlkitV.Sedknld,MrayeeuwNptaaadlh ryDEM, ANDDE~ YCOMPANYOrMANYL11NDandlherib ITTANDDVOSITCOMPA Y, ° i "flow it MAY be first by f~oimdo ender IRA by uthaPil1 d reoolutkni of Iha Eeud of oirwter, d IM FIDEUTY AND D~MSIT i' COMl AYLAND allmeatlnd dollf eoild f~" 1%1 l 61h toyd sly 190 and dike Enna of DilMm, of the FIDEV AND .'DEF'OSI MPANV Y s mttlind euly tall ed 1"4h# id en the lnd:'~ d Neven .11 E RL40tVib'"riser,Mhnim+katreebmirallyrepodutt/d`nolwedenyAnmontSYnlwyd,MGmpmy aMl Nnaq wpm i bho Com"sy &p M rMm,a eppnu4ry assn t npufkd espy d a~ ferep Nenuny ISsuN ly the Curlanp tAall k nhd and pa 1 with 11A IM Y RN fwrr sn oRM Y IAautb mmtallr aftaed 14 TESTIMONY AVMERLDr, I he,* hereuRlu aubrnbN wy naw- and ini and IM Pe,yupita rots dlb Md Ce,npanA, tlIS .15 It h, AN) d, N...4T. taiMer ' yyRRmm r~ I'tlli Yfll'li I'k11 1 t n\ I tntp: f'uit'I Itf f ,~12 \1`:1' I II 1. ~~yr~~j„pr~^~1•ii'~1r{.kU~t}.{.~rt'"1.. }dtsxa~xFy„a a:,,s., ;it .M'; fe; is c. w.,. r... eii `~:'i Ys ,t-S&t^,..ri ~.a •,u=rL 7`Srt{„ t. 1 r 4 ....x .r..~.._... ~:.a.2a»~-,. nN.lizse~n.Y.;nwr w.. wrw .+c...~. ..•~~M+S9tYFiM#~tw"dt~1111MP ~"'..»~"1..• 1 1 . YY,CIw+k'wa.e , I . l l x EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND tr l "Article VI, Seniors 2 The Preddent,or any Executive Vice-Presidenta,or any of the senior Vke•Presidents or Vita-Pro"Ixts specialty authored n to do by the Board of Directors or by the Executive Committee, shall have povor, by and with the concurr• ea tys_' • ' i+`' se 0 the Secrrtary of any one of AnLtmt Setmtarin, t. %t'cint Rnidenl Vice-Prsidenty, Anbtant Yrca-Pmtdeats, and At- + torntls-In-Ferri u the business of the Company may rtqutr% or n 00horise any person or persons W execute on behalf oll IM k' Company any bonds, underukt 171 rep, recagn&ancn, etiputatlas, glkies, contracts, agrcemms, deeds, and rtknsn and u.Ignmenu of Judgments, drerera, m"ati sand Instruments Tn the natureof m"ages, and alnall other instruments and*n umenta which the business of the Company may require, and to affix the seal td the Company thereto." EXTRACT FROM BY-LAW'S OF FIDELITY AND DEPOSIT COMPANY ' "Artkk VI, Seaton t The Preildeitt, or any one of the Executive Vke-Preetdents, or any one of the additional Vice-Pmldents a ' r t, •peciaBy auttnrired n to tfa by the Board of Dixtton a by the Exau-hv Cemndttee, shalt have power, by and rith ebe con- , eumnce of the Smetary or any one of the Assistant Secretaries, to appoint Resident VK*,Pmldents, Assistant Vka-Presidents, r~ J r Rertdmt Aseistar t Secretufa and Attc. ngw•In•Fart u the business of the Company may mcli in, or to autholies any person or per- nr , nnetoaxecuteonbehalfoftheCompanyanybonds,urrlerteklnp,rmcynieantu,stipulattone,potkies,tonlracts,atreemenle,deeds, 'ter ..t t snd relm%u and sssignmens of Judgments, decrees, mortgagee and instruments in the nature of mortgages, and Alan stl other fm• ju strumens sad documens which the business or the Company may require, and to afAa -he wl of the Company thereto." ya , I Rk•I ya r r i• M1 1 I t p,_ .r t .11ct S?. M 7, p, Frl7 'it, .1;. s. l bi t IM I 5 1 4 l Ire i ~t~.Ps'A`1~Mk'x:1kW6RArx'a'~Ee?w~.vr....-a+t.'s~.,sao ~,ur'n a.,:,•,.s :.ere r,... =e.. :,v r'+1.in.!+: ~ i I 1 f . 1 Qr I e ISSVE575TE - PRODUCER - THIS CER i IFICA }E 13 ISSUED AS A MATTER OF 00 ON:.'AATWN OYLY AND CONFERS r. NO RIGHTS UPON THE CER7 FKATI HOLDER. THIS CERTIFICATE DOES MOT AMEND, Fields Stevert Dolilver EXTEND OR ALTER THE COVERAGE AFFDROEO BY THE POLICIES DELOW. P.O. Box 1111 - San Angelo, Texas 76902 COMPANIES AFFORDiNO COVERAGE COVPANV L TER A IInitld States lire ' COMPANY ,f INSURED hasty-rorler Construction, Inc. `EEn1ER 0 501 Cactus Lane OMFANY San Angelo, Texas 76903 LEET TER D {b COMPANY LETTER E 1 TWO 18 TO CERTMV THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERAO m CATEO, } NOTWITHITANDRA ANY REQUIREMENT, TM 04 CONDrTION OF ANY CONTRACT CA OrHLR DOCUMENT WITH RESPECT TO WHICH TNS CERTIFICATE MAY BE ISSUED OR MAY PERTAM, THE rNSURANCE AFFORDED BY THE POLICIES Or SCRIDED HEREIN IS BUDACT 10 ALL THE TERMS, EX CLVSIONS, AND CONM t; r r TONS Of SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER PxT' IL w .at (H'U LIABILITY uMi75 M THWSAND! iT-_Wry',.M p;~Yl W i X14 XIYVI- ALURPtIj _ Er1r OENEMLLIAaLTY 5408444259 3116/81 3116/88 KOO s , COMPPIK"NI FORM NnrRV S $ A PRIMISIMPA aks A81C114159 3/30/81 3/16/88 - ~tr b I%P104 L I LOLUP.rE HARD CRAM~~i s_ f , ` ESCAMPLFIED OR RAISONS C% TU & L ,D SOU SL'0 R • ` L CouEI ED S S y , RO(PFMIEM CONS RACi0R5 5o SJO IROAD FORM PROPERTY DAMAGE PERSON,/ RAM PERSONAL INJURY = 500 kti<T. _AUTOMOBILE LIABILI7r ANTAUID 540844/259 3116/87 3/16/88~xti S 1 ALL OWNEO MOS IPNY PASS I A87CI14159 3/30/87 3136/88 - Q VI = ALL OAF0 AVIDS {QVI T~ ISSN w~ Nty(r' S NkD AUI DS t PROFER NONONNIO AV1U5 DAMAGE S &W5E LIA&Lih neNFD $ 300 Irr [XCEII IIASIIITT f O1U IIHPN LAIBPi IAA f(F+M 10ONFU $ tAturprr - ~.M wORNERS'COMPENSAI WN A 4083608556 3/lb/8T 3116188 s 103 IC t Aual*, t~ AND 300 rdsu a r^ Lr IAh c , $ EMPLOYER!' LIABILITY S~60 101 USf EACw [4W171IF' i . `NS 17 . d. DE 5CRIPTInN OF OPERATgNSh OCAfIUN gYENIW [S+SP[CML ITEMS - iy, i ' tijTi r 1 . . r , City of Denton IHOUtO ANY OF THE ABOV[ DESCRIBED POLICIES BI CANCELLED DEF )Tll THE EX. , 9011 Texas Street PIMA hDN CITE THEREOF, THE fSSUINO COMPANY WILL IN(IAVOR TO MAILA D' 4 WRrt 1EN NoI CC TO 711E CtNhFIC ATL HOLDER NI MED TO THE Denton$ Texas 16201 LEFT, BUI rA141(10 MAN SUCH No riff SHALL IM POSE No MICA To I OR LMBILIT0 OF ANY N9 W~ ~JNy ~111~E.~CeOMPANI, 11S AGFNiS~O.{R REPRESENTATIVES g.7SS'S7EVA~D~>'~Id ~IE~ B'a fT 1 1 r :r ray 1~~ y r ! s t yyt ~C;,t~ N3~4.~r?]P 4, f :G y`, in a, i « :d u ~ ~ r-nr Y aq[ f >r }.1~.~~. ~ ~ ~ ~ ++'zk Sr , :~i,i jryr N. x y r ` • POUe, my f. IAAI 1 LtNi1AL IUARITI AUTOMOIIU POLICY RETURN TO IttuAAilONf CORLPANY covarmsK "I art 1utwAl a lawttrur Noe ''r`, N' CANCELED. sot U.S.InsuteGroup 5-15-81 J?/fk G z O,'. IN {1 i 4m,W rNltna,r QU UNITFI STATES FIK INSURANCE COMPANY O YfESTCNEfTE1t ^tE IISIRANNE COMPANY , t = a` ❑ THE NORTH RIPER dSORANCE COMPANY 0 INTERNATIONAL INSURANCE COMPANY qt t % 84866 Nee 1. Nand heated and Addrose: (Ni, stmt, rwa w cnrd Coants nrr,l r { ti . City of Denton 4 901-8 Texas Street Denton, Texas 16201 ,.1 Nut Po1bf Flriod: Gw. Om woe Lo a From 5-14-87 to 5-14-88 11:01 A.M, stendarl lime at thllddral M the umld Wand a a!1te1 hm,in. y , \ Y tit eamld "and Is, I l n } I , IndWldwl PxNa1AlP ❑ Ao ❑ birt Yenlua ~OlN1r, ~ii..ty ' r 5 ❑ C,r ratio i Iulinaf a11Ae aanl weprl l is: toms rurl Audit PVW: Ama!, WIM Itherwia 14101. !a.,u Iqa 1. TM lmurante afforded Is. lmi with FI'PW to the fultow,nt CavOnp Par1(11 Indbated by Wadic premium Chap11l. hlahAa Pon 11ete1. , " hirlooil Put Ift Hv,rag Will A11omtD11n Y1uMUl hlr erne IWINCI f MmpW hlf!!!FOnal llalllity lmunrce t y, v s 1 . , t Autoil runt Pamap Imunnda f IMlyfadwln' and Cordr,Ctan' GdIDb ,'A, # R IMYnftl r 7$ muw We and C*0tractoesProw; List Iitl 1 ~1 Autor-a w Phyllnal Dimat, Inwnrma Icwrama - a d s'k y 1 (Fll,t Aulo si r* a 1 w!om. oblit fiyiwl Wulf lamnee f Owner, lrrdlwN ant LNate L*11Y, + IN Imwlrce _ ~y fv ` hoonl I Yell EaunnCl ' " a Old Automohitf Ostllib Imrl 1 ti+ + , 1 I1tol ONn1'rog and Prodi tu/llity 1 RMk'+M'.S mmic dnd DO rt'oh' RVrealvn, :1 r'k;} j ~ r 1 aunnca llaliiib Inunwnrce , ; Eanp,aamht Aulom,llu LION14latnrmn 1 Pr"la Meaul hlmenb lnanrcl 7, ?+I 1 l'am Mm IV, Come nlllallA Irouroba 1 Ummuna bgrimilwi!mwence "A 'I f,$T 1 t:an reMnaive personal ImV1nC1 t CAnUactwllla/iUblrounnel t}a 1 O utt ats' LMI11y Iauram t ~ l u' 1 " Elnratsr IA IMwtntl 1 analmpbylre'ttalilltfandFImWitld 1 „n1 } Maeluf nlmentt Invnma f 1 firmes mrsin Perm Imenetl 1 1 Cats !toi Aarer 1 IA fglla C-4 ~N ,1 yi GL0103I L64329, GL0032, GL2133, GLO211, G12104, 1L0618, tewanb i~gG~iitu a~~alni k I• - ' S , E w!. I f e a awe M ats ts~,1 , f ' N She Niel Farad b maa Pa am year and N pemlun W to be pid in Installments, Mamlum I{ Peyal+a at!: 3 y I LMa11q 0& 111Aftnlvnu111 2nd Win mm ~.t « t S S 1 Star d. Dwfnl IN last throe lion no inaurrr M{ ancllled in:uranu, bawd q Me am11 want lfmpu tI Rut a!ladad hlranbr, plea 11Mrwla ttetad Mnln, $ }14 1 6 1 t+ , y. 1 Counllrtlinldl San Angelo* Texas Fields-Stewart-DolIIYlr 0-19965-0 t ' , 'Nd a,a kaal,min,e 11 ~ of ~ + a uMOI bw ants, n!arlve , ~ ~ t~ ~ y , Teri. 9 IN1a Pity 1. will 101.0 1!OY410M3-h,1 V. Ann COMAdd /ARiltl AND (n00ayMIN 111 iH M/I. IINE1 to IMM A IAA1 ya Atdr, tov^r9f31 iNC Alovs NUMItAE/ lawny ~ 1Dl twx 0 Aft NR Pnm aim 13111 ml. In WIN. RETURN THIS DECLARATION TO COMPANY IF CANCELED-SPOILED-off NOT Iuo 11 J{ 1i 1 j 3 f r r i , Y S M rr ~~j r' rx fy f:;' r s.",tea : lt, r "•'e ~ •t'~'r p`a' q v~A al .V 7~' yy~? 'tI" , 1 ,V~'.7..~ \ ~•wt.~'~i' 110'If~ l ~11~~~ `L'L.. w ' emus[ PAIL L 1111 OVINERS' AND CONTRACTORS' PAOTECTIYE LUTAIIITr INSURANCE I COVERACE FOR OPERATIONS Of DWSKITED CONTRACTOR w[~' For attetbment to III No. , to tomple to acid policy. !i . :i AIDITIONAL 11MAIAT°'\I1 Iksipatkn of Contractor Hasty Fowler Construction, Inc. Moling I uw.u n\ea, s 501 Cactus Lane, San Angelo, Texas kr, Lootbw W Caned operations a"w Penton, Texas UIJ Cinch Am N NI fallowlnA provision Is appikebNr • 1 ' he Peron or organization dMlynaled stud as IN Cmtrxta has uMertden to pay MI premium to this policy and shall be ohnrd In retehw any nturs premium& et M,. H any, which may baome payable unGr the terms or this policy. zw " { It r 1CN[lOl[ The Malone afforded b only with respect If each of the following Canryea M Me IMkNed by tpeNlk premium sharp of ehergn. IAe limit of to company's i c 1 1 liability againc each tuth Cavlrep Mat[ If as stated herein, subject to In lM forma of this policy having referantl Nreto, v }H r, - + l$ Malom Ines Iafot ti f • + Cennps Liana of LWnAy Ahance Pnaiesss { ' Cost fl00arcMl ,ti r , 41 r , A-kdily Injoy ltebilitt, each acturcMq 8,706.00 1 .047 1 g 00.00 -SM -OM i 11-Property Damage Labili each eeeurrroeeS .000. ldlrepte f [ 'N \v .500.000. Ira members 1 1a Iretalltl [W y _ .l htal AManI Malaa [ 100.00 1 1 ~ L Py r'~t`~ 14 r r'h YfMn and d 1 promlum basis: d "tIN" aNMI the fold caN to the Alaul IMerad wIM rnpetr in AgrlSkM ppeerfamo ter the excel Were) during the porky prod by Independent tantractojal in wort lit or $Wot M onvI with lad sppeesilk Project, lWi ding the cult of oil tebor, mrlarlals and aoulpnmd fonisMQ used a lathered or Was M N eesaHWn of web wort, whither furnhDed by file owner, ontracla in sidcantracfor, Intruding an Isis, araww"I. bonuses a , Fc v ' commissions mass, paid or III u. 16y g; i 1. Comte A-17011! MJUIY LLANILM to to anY obliptian for wbtcA the Maael a my earrfa ere his insurer may N CI melt A P[OPGiT onus[ LtA1NtS7 M Q 1461e unaa ary wo bmea's eamgwr on wmptoyngm enmpeMatan err s disabnlty Nnehte law. M W41 any slmra laver i i 7 k FM company will pry on behell of the iMand all rums wW Me lessnd shell fl) to godly Flog to Ina emPWyM of the it" Maing out at and is the Ngru of f booms teeny abrogated to pay is damages bauuse of his amlplaybeclmot aupbr,nepa 1 the tasurd,11,0[ or tobat of amy o tarA Wdu bug Mhnptlao of DeIMwreeatla11d to hdemaih a , y 'sian dam nog " r r anathe A. badly Iq" or apply to 1sWi,ly essumed by the twwnd order In MdNnW contract t ' L Pn1uA' "M in to MoN'h "most If ts whklt Ines ~,;ty applia4 cw IU praPerty owned a otopied by a rented to lit laond, pp po sad by M 1CCaranca and ateing Out el II I epdra formed Arr m preplrty scald by the Mont h I : r bin pe Me a1aa1 Mond by Me tadIII doil"M M IN dw NbM K lM btatka de~l[naled the all a 'tf acts as emlu7am M MI oaald ISI cinifly M IM care, tutMdy or eantnt of IN Mnnl of is to which the r Waal M EOrMlctbn wnA Ns reMfM wplfYlflal of fPtA apNNbne. and IM luent h IV any pwpoaa aaerclaln[ Mni:al cenbol, or r ' company Wit Ave! the rlNt t~t' duty to d fend arty wH 1 d cat MI IMNa W wA pa io mad }a lit tss ttl by lw 1 drlgnatad eonbectsri 'r ary s . aPa[ 4n a s en aceouN of wa NIIfy rs~ury a grfPUp t~iaga. area If d M! area~atlp of Ott Nor Ifs ~1U alsl q 6wduraA nay auto 18f to Miry INS Ir Pitoerly dswp due to W. wDaher or not declared. Clrn 1rM "I'll ofw Oita e'Nm a wa Pf N dean! odfe Wt war. Itsion faR -Its I A a nwlutlon at to any Ica Of tohn IM nck eM to °i er' t~ WtA MvlNllatbn Ii Me c~WM dull nog bA obinaat d ts ply ally d1m or d d a,E 1M In of the HistQ with nepeet os s tlabnitr nomad by he wIq ffwl wN altar the Ipptkable Iba t of tat p'M'13 Illoll✓ry had N104541 d py an menil pre Proaeon of Of to apense roe ks[ slid under the lupprertNtYy e payminl oI ludlmentl or In aaem Pginit rlllaa N N pdky; to n• " Wh1Na red to 141111 %1 or or"" opposite aiatng out of III the ownership, autda 4 T ' x f hand, 0111118 Q au, IMdlnl or wnloedij of 11 sseNll folpwN while f~ 1 ThisWkydonnotPWy: Delve out Is any prlaran od a a+ ad fng, speed et IemNlima r~ prodles of W 14311ifr pwmt I to ft Maarfl II Illy roubxl or 1[resmant Inept an Doest of In a r Ne 0 shells! of b a III of IreOrion la futA 7 aiha 0eslrae:l bug Isis Ste Won plod nog epptr to a wanan MN wart cOMUt a adi a tb IDs OplrNlon a to v Illy snow ts a haler t + ti' , h} , by the o,•11snatal NniItla will of is 1 warAmanl I manner, allped fa gas tMnwlUn f a 1 Perlolrttad b ,L r, r h done 211 to Delay 111eyapropertyd:m:l:6eorrl Ott 10 to N11ry [Ali" mireparby 4aa[e it plat of Ma dlrohorp, ollspasel, } IU UI 1nA an the pro ti to r thin Nrr n, mlinfonana at npafnl to of total a ,,cape smoN repots, roof, MW1, adds alki ll, law cA1mio t { prro mad by a en thole of till AaaU loelnd N tlu N11 N oat to of call, Idpuuids a pus, waste autargls a Doff IrrNUda, tadamlMNs a > tass"rod C pollutlMa lota or u m lend Nu sliboubal at any wNa Course of body of operetlons on boon completed or wafoq bug this esC~ Ion Abel hot spI H wch die hop, dlspaul, rellso 'a +AF\ Ib that WIN of the designated Cantradet'a weA out of which the III a a dtape Is wddea and steweMali , domepg11 ar itil his been Put to its intended use by any person of s genus. ep~ratth t Tell prince? cone contractor of the wig aw pApI ;n perfarsling 10 to lose of ou of Unii property which ties not boon IL,wtcally lNurad at ,ye p i utroyad awning Iran , 1'aleNF laolap Arista[ out or III •N Or amhlbn of IN Ill d delay In or beg of performance by or on behalf of Me allied Wahl % Id to 1#11111 Ml11 of gassed dnl at try or Pis emprdyMt, HNr thld pnral wpdvlcbn If of a+y contract a laraemoM, a +r wart poldomrd IM Me metals Mlwad by the doilpated Conbxtary 11t the flllws of the items IMarth predicts or wart III met by by on " WnH ,~Ir ^1 tl, t' A " , a +Zv.~r+ti+, ~"..1,:.~«..k..-+w.:: w .Sx?.✓w+i.'«.w5..~."...e.a.-~S'.,~n::,~@~.'ds ~°~i,~~r, LID,~ A- C j behalf of the camel Insured to meet the level of performance, q ual covend; a A- s, ` 7 ihi total wily of the cam-ping for all dann a Includi iRrwss or Out It wmanted of represented by the samil i uan dmaQn iw are and Ines sf nenkes, because of oeth l*rj sw ined by one s," - ' W "Cre Weans a the (Mel of any ON aMamxa Null not exceed the 11mh . ' 14 but "Is esclushn does eat apply to loss of use of other Its It ov" of hilly laJnry RMiltty NNea In the -4.4ute a applicable to "ach eecorraW, t resuRinp from Cm tudhn anE eccidentN phYskal inj ry to or itru.tlon of 7 the umad Warefa Irelucte or wort Deriormed by or an behalf of the Cmr7Aa 1--.ihe tall IhbiU o1 the 1 ' sane, Imam after such oduch or wo t Mw loan put to use a e h eonWng for all dame s kause of all p s person or arpnlsation alter then an (punt. v Y any or" 0 mape sustained by um or mane r so" or ale NUrolump wu4ry r' of , one ememaae stall M ac li ed the RmR of Irele ,I,.. n. pElfOMS SMSUAtI ehteG M IM schedale as swiabh to "uch aaeamacte., W of pie following Is an World under this polity to the extent W forth MIed to 1fa above Provision 1=1114 "O th laaemaa". the hall below: Rabitrty of the mm Wn We uwrete appllatehfor aR ell flow am iimh of IPft"Prue* ~itihlii~ zv ' 7 (a) FN famed Insure[ lsdesipmted In the dechrelions as an Indhriduel,the person Wiwi in the echeduto as "a epets", It snore ft fl one pro ied Is ~Npwted xt . s*, so descarad and 14 spouse: In tth icheduk such ouretats 4mR alai! a~Iy aparahly wiM respectla each Apt ml M the awl lasond is destpne,rd in the dedwatlom is e partnerehip or pint venture, ft partnership ar Joim venture w de ell and any party or camber thereof but only with respect to hh 11ab4 n such: CIAMM A sal &--Fa the purvou of dehrminths N IImR of the wmgny's as ' hubill all N/dy Iftus and 1ne~a damps afn oat of Continuous or h' s (d if !M aswl Wsnl Is Gsipnale6 in the dechMiam as otter than an trdNib MpleQ enpaun to adDaLnt;Nly tfr se,m Aemra! tondrtioin shall W Cami4nd all. Partnership or joint venhm. N organization so deslpneted full arty as ermrnp out of one attomea. : ck"hew o0w.-, daectar or stockholder thdreaf while acting within the smile of his duties as sudu and rv. AppllldtUl pfFlMttgll , q; lm a) Perm lather than an employs# at the umad IwaareO wr wrierization part Of useQ M nfenrra to Mb Nwrsna fmcruQing endrwsemerrte (anent a [mil octiett n teal estets aunapr far the caw) hrssdeL pan of the palfayl: p ` ' . i. 111. 1.13111111 OF llAlillY'f ~ " irtrudes materials, parts and equipment furnished In connection there' YS .v'.. ~a hill im of tlm (umber of ill lrareb raMr this pal'qCM rr"M or o'denp aNtom win lush in NRI1 a Irsperty imam or C~ chines merle or w3 Y. ►OUpY iGpltOpY 'q5 limited b tollim: accoun of bliyt or In" ,cotta. the comp m*l Iiablay h DS VICY applin Only to MBIy MM Or pmlarb dae.~"v +tich occurs y . within the policy bmfbry. t r Il I r- r i r f t t ,_...^'rrwi6•v'r 4'Ae"7kSKPi&nPyisn:~• . , r. ...w.,v"e,. ion 45a } r.+` l t+t"w•Y . r I J' 1 1~ I Yx I, t ~ 1 ♦ 1 i ` }5 ~ a' ~V~LM t~ t ?w:'' ' r, yf L a t J~•+~'~.C K in V~,*`r i Yi x 9., 00 re+Y ii ' ^E e 5tr; hI. r' q v r rY l f ~+n rj ' it - ~ 1 it ON AIWJne VIM NH W eemeteted awry when this e.doessme.l is otued 1101114W RI is e.eperatwo so the porky.) 0j to. OS Tn l iltl 5 ` i LIAlIlt1Y Q 01 ISO 9$26 7 AMENDATORY ENDORSEMENT - NOTICE ad. ►nt x ` ' this endorsement elfecti.e forms a part of policy No, ' . Ila. at e. Y, st+MY11'Imel.,}, ° ~~;,r hewed to ' ! br t~'~~C ,It r. AYII.MIp/ eee4M.IJ1, H . F .q. ~ 1 1 f . ~gl a '14 1 As regcta l adiry Wn1 liability eowraN en! Irpe daptege AebOtp ec+enge, unions the company is pnl cod by the leeenfe hilure to canph wu0 W rWrepN E PI ~Wom of die paltry rlnetse laswit to live notice of xtioq eceemeee a iam or requiring the hind to fa• tees wmmanl at ether legal procew 0 hat bar liebillty under this policy. r s v.: a l I ° I oAV ~l• I l.~ ~J e , i z oz k, Q Alto °Ss err Y nn 4rxn111 Crux raM d a n+rN wily . w Inn enlw annr a nor rd uavaum Is a eW alwrt d eV sect, LIABILITY APPLICATION OF EXCLUSIONS L Be321 { 1' IEaplwras, Collapse are Oedarground Property limits hazards) rc. tin i. ° T is endorsement modifies such insurances a is aflorded by the provisions of me pa7ic; railing to the follow nl. COMPREHENSIVE SEXERAL UAIIUTY INSURANCE < t 4 j, MANUFACTURERS' ANO CONTRACTORS' LIAIRRY INSURANCE tr ry , This endorsement. effective , farms a Dad of fll of A M standard Iwral policy No ' . W, k r R issued to ` iv', '.a qq 2~ L by $i ' a Rye" eumsnwearowsamnM Iis agreed that if 01aimed unured'sactual operatronSinclude any operalronlsLwhetheror tot stated in the Schedule under 'Deu11 ionaflizard",whcbn ?k (are) described py am y classification listed below the' a", "c', "v" symbol(s) Included in the applicable We number shall Apply, as uch chssfiication coda number and sym Ns) were included in filch Schedule. DESCRIP1101 OF OPERATIONS; CLASSIFICATION CDOC IO: AMP SYMBOL(S) Iurn4aStructure Raising, ModAlorOnderginalo-includ. EXCAratioi 1511 Uses ITIISan t as---local i A~.LE iillincidentAlshoring removal or rebaldin of wills, faunal. Irons, columns or piers its Companies---aatura , . l dstrrbution-inciuan' oulside salesmen, cols we and meter readers--inctodna Callus wah: completed operations adept with respect to the installation, Foundations lot buildings-including pile driving, anvat on, servicing or repair of appliances Al211aCa moanryorconcnte work up to rampcation of sub-f Ira. . 1110Ssty iaa Demers -liquefied petroleum jai . 510511 . Not only . foundation for Willi as- uD~nto t t d let o 1rt ub- gas D ealers- trica wort orr don, masonry or concrete of ub• only . o P of s gas its buetnl elfrom Las-locos aistntut 59610a =o . 1413SSCa 1 0 petroleum Ion by r' 1 0 D central links to ultimate cunsum• 1 Clay a $full Digging-no canal sewer of cedar excavation of ors--including in or readers-including completed opera. underground mining 14HIm to is eaciol with resped to the installation, semcmI at repair of Appliances 41252tta Cofferdam Work-including pile drivinQ~ excavation vation, Orly masonry or til3Srea can nte work a P to coinDktwn of su-sh D» Mains a Connections tunneling at i,'} , a. din l Candull Conslractlon-hr cables or w.res 16215ses street gas cworksro-srlnIncls uding Ii12Swe outside salesmen, catlectas and meter ` Contractors Ego,pmenL ttaders-including completed operations except with respect Cranes derricks power shovels. And equipment incidental to the installation, servicing a repair of appliances 491Stses hereto-reutedto others withope,alon -including instal- Gasoline to4rs--wholesite MISIA tatiod, repair a removal 139111ca - Earth movingequipmathm tnancranes derricksand power gasoline Recovery -ham citing brad or nalurat In gllOdast shovels--reined to o others with ape~alart--irtcbldinp m SeaDhrheal EsPlilion -seismic meldod-all errl flaltation, repair or removal 1711111 p trees 13131e Steam boiler, compressors, air pressure larks. pneumatic grading of Unit If3Uace tools. and equipment mNCenlal sMreto-- nn;e0 to others with operators-including installation. repair a removal. 13116ss Irri+atlon or Drainage System Contractors. --including pile Ii25SaY Cantnclori Equipment including automobihsy--anted to Irinng W dredging of-leis with operstors-including installaton. repair at re. Lenduapa gardening I73111cs moval , T341Se Oil lease Operators or Cat Lo no Operators-nalunl Las . 131224AU Dim at Besenor Constructioe 112321cu Oil Loose Operators or gas Lease Operl,li-natural gas- Electric UL(hI of Power Companies-inciurlinl outside sales within the limits al Any town or city, on Its right-abway at any men, Caillclan and meter readers-Includirs`completed epee rallmad. or in 4ny ocean, gulf Of bar , . 13111 fiat d'rohA eaelpt with esped to the insstlafwn. seninnl of oil at Cat Pipeline Caosliullo riloding pile driving or MOIBdappliartn. , 111151ce dreading 1"Islas VIM k It Pavnf Coapara0ves-Rural Electrification Ad. Dd of gals wea Shootln 131SIdue k{ ` k Projects Only-including outside "*men. Col. 1 L- 4i end in toilersincluding completed opt a Van f lions ON Aefnlnl-pelydeum . 't 2lISh ' one wth respo ell to the in inslalUdon, Servicing of repair of Epp lances 441 llae Pile Ddrlnl: r t; Elaetrk Ulbl of Pioneer Una CaattrueUaa Duddinl foundeliont anir IT10ltta H21Saes Includirl timber wharf building II2141 Electrk U PI a Power Lin Cops4ucdon-Rural Eleclnf ution &sna maw 4 1021kv Administration Projects try lifil Plpegea Camstructlen-includ rig pill drivinl a dredging . 11313toa Bewail ,err `1 a { wy n ! I P~0 F p y 1116 Y y t , y T ♦ ( tr ~b» iv IS i K"nitt"cfuding maintenance. S[nd Be Road Eepairrcliall N llataasiructlaa-...tlarin of i Gds operation a • • • - - - 112221 rilht-of-way. dcavatgn, f API of greeting bridle or cu A s ti 4 ' Od pperatwn.......... 161 Has buildiy , , . • . 161 WON a , { PWmbine-gas, steam hot wafer or other pipe firi ni-incrud- Street x Aoad hrl o<Re rI Sorlatin of Resurfacing er (nlMusewnnectionsshop andretail lfoesydisDlairoomS 111 ISO Scraping,I... 0e . III 25111 'a~}3ti Ouarrles - ntludinl the operation of rusher.. . • 110111 Sonvir? Cemtraetipa . 11215111 #aitroad Cautrvctioe-including layinf m4y ng or removal of Srlmming hogs-below limund-nit Illation, servicinl or re. i Safi or maintenance of ways by con ractort 162151 pair 111121n 4 t ° in i /p AIR!s-including Incidedat working, shoring or Teaphees or Telegrapk Campapks- ncludinl outs de isles- sjructural noA~ the nepdfal+ al IF Me of machinery in damaged mm, mlledor, messenger and clerical . . • 1i111ra buildin f, and ulesmM or cMkal wrecking • . Is115aa ;.w Aod er P" /'nl-no anal, sewer, cellar eruvation of telephone, Telegraph v harm time CeAStrrct oe 1124=111 F undegiound mining . 14D11a Tunneling-including hnmg 11225eea :c 1 Aplk leak fplams-thamnl-knslaEelion maintenance or Undetplaelnl lupdintS or Structures-inctud°n incidental repair-including bouu connedgns shop and M. ail store, OF sharing removal or rebuilding Of walls fouMAions columns display Moms . 111110 W pier 1111511 9 Anr 111101% Or Coaooclols Construcfion-including tunkl ng Water Palms or CannetpaoS Carstrnelfoa--IMuding tunneling, 4 1 at Street crossings . . 11225ece it street crossing:..... Sblft SAIII-including pile driving, ercavolgn concrete wed S7ar~ ,ti ' or kmng . . 19225acr Wa adets---rncl ng cmpl it operations, , eaaq a salesmen, exam With and meter g resom 10 the the' mstenal last'ani, nl servicing Of O rpalr 01 aDlliuxq l ealv o or lower Caevnles red dMnc-indudinl Saar to 491I1ser v J r t y' outside u amen, edkctor end meter waders---Including welding Cog red operations ucept with rasped to the installation. g K Camps . , 111th , s v So nt a repair of 'Pilr" eIs . 19610ree wreckEng SleaaMaMSit EanuecltontCenstyelbp---includin1 tunneling Dismantling of prt-}ebriCeted Qweningi not eyceeding Ihres at street crossin1s. , . . . . 112251Cr dories is height to tt-erec[ron.. 11611ae +t Sage CashGr{ 12!/51 Wreckml Buildings or Struclures-not manne-including . salesmen m clencal It site of wtetkinl . . , ITI22u c ' ' ~11~1 Itv L i it a ; y.t a I t !i •~.l ; a . t k t4 . 1+it ra +y , x tE f~ aE, ~~,`•y ~ us ~ > ~r d u .yi ?~X~H ZI t4 ItY $ 5 ~ ~ F A 'f4c~y F ~ 1 ' 1 ' 4 VqqJ F I~ + ~ Fy]~ f I 01 \Q 1j . YFN tf r; e ,yy y L` \ f, t d - IN 1lahieg Clause need be completed wly when this endasemed N issued subsequent be Ir"nalien of the WKy.l %Y LIAIhl9f a M It 1Ed, De OS} E sill a dF~ ~ ' tR 84 AMENDATORY ENDORSEMENT (Ed 1 c ° t + t e'r this i ndcnsemard modifi n Such inureXt. IS is 09rded by the pro"llans sf IN policy relaUnl is the hakeinl: COMPMW4rd WE11L LIABILM INSUtlANCE M , , t g NANDIAMKW All CONINACT7NS EEUNR9' 111.111091 rr r , t 1 0"It Y, u"UND1' AND TEMANTf ILORM 111DIANCE _y V QNNFIS' U1 Cam" Itr I1101t0vt Eu1Nm 1111fil CE I10AEAttlE111 INSDAANCE e ,r ~~tS a C W LIJJKM INWIAIICE r, lbis ndorsemed, effe&m . "I 1 pert of policy No. ,F. t 02 at it a.. end ner S '~~Ytt~~ N • , ~etruel F d.- t y . h C bodily tiMr'1 U any emptone of IN MSmd is deleted rd replaced by lho lasawing k• t N Ise nd that the Uclus;on relstin to t t ' This Insurfae dal not epplaf to to bodllt lyroy to aay emplatte of the Irtsind lining out it end M tM course al his amplayment by the lowed fr 00 the Mnymd may be hold f: - liable as an employer of In any ahr capeaiit fat to amy abnpt'km of IN lofae[ to indemniy or coWbde with anothor becnse d damagn arising so d '.r oo!ft leery, ar fail to Wall, Mjry fuetained by the spouse, child, porno brdhsr or eistr of in employee it the Mu M r e consequence at ioM ioWy to such employs arisins out of and In the courts d his empfgl by IN found; ` This aclusion Sppllee to in claims ark SUN% by any wwn or rgen2atton for damegn because of such boPoy lil includles damage V try ant loss of senlcee a• . This exclusion don not eppy to NeMllq stumrd by the Insured srdar an k0solal ceslrect CopptgM Insrena SeM.e tMU. all. 1917 s3 ~ { J j{ 4fu•11,. 1. ! I' 7h ~SJ ( i P~y + 1q NX 'Ny r I. (~y1 f 1 ~ 1 ~ ~ r 1 M 1 \x Y v r S n 1~~ ~ N ~ - , , , d ~ r~. I t 3 ~u° till v. nI I, u n tl a t. ~ I V~ I t :W ~ f 4,a ~rh' . 1 1 ssa 5. a ar ara t7 A II; i t 612132°~ v t r Li 1~ t r'.. (Ed 2851 a,:2 Otherwise This end"Ment II a pad 01 the III to which attached. eHecbva On tAe~ dales eu~ is p y M60 of pakf.) algid herein, s~ One Wow" i dam+6at is required e+b Whole thh aldorsenml Endo cement fb. Poky Ifa. a x Endorsementaftecbve WOnlers<nedh f t~' ( ffglited eprlsentahve) vl'~Alii u/ 1 l' y~~J 1-.,. J " ! IMING,1 Nlnrq f l ` 1 J)t, y.. T ?his andorseme d modire adt'imin m a is aflorded by the provrswm of the poky nlahnL to Me lpfoenn( COMPREHENSIVE GENERAL LIABILITY INSURANCE.'t•'° CONTRACTUAL LIABILITY INSURANCE {i' `n4 l f ? a, MANUFACTURERS AND CONTRACTORS 1U181LI fY INSURANCE OWYEFIS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE (r~~ C y k ° i 1t `y Ij OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE 444 SMP LIABILITY INSURANCE f 4Y a STOREKEEPERS INSURANCE POLLUTION EXCLUSION + ! rge, dispersal, release Of escape of smoke. vapors. soot. r xh~ ° It Is agreed that the exclusion relating to the discha irritants a 1rp y 71 fumes, acids. +Iftalis, toxic chemicals. liquids or gases. waste materials or other , contaminants or pollu• Cants is replaced by the following: (1) to Wily Injury or property damage arising out of the actual, alleged or threatened discharge. dispersal. P , k l s r release of escape Of pollutants: (a (a) at or from premises owned, rented of occupied by the named Insured; (b) at or from any site a location used by or for the named insured orothers fa the handling. storage, it disposal, processing or treatment of waste; (c) which are at any time transported, handled. stored. treated. disposed of. ON? processed as waste by cr for the named Insured or any person or organization for whom the named Insured may be legally a e, r r+ ~r responsible; or (d) at or from any site or location on which the named imured or any contractors or subcontractors t A', a waking directly or indirectly on behalf of the named Insured are perf.Kming operations: (i) if the pollutants are brought on or to the site or location in Cornneaion with such operations: or ove (Vi) if the operations are to test for, monitor, clean up, rem, contain. treat, detosity or neutralize 1 i the pollutants. (2) to any loss, cost a axpense arising out of any governmental direction o• request that the named Insured _ test for, monitor, clean up. remove, contain, treat. detoaiy Or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant. including smoke, vapor. soot. 5r fumes, acids, alkalis, chemicals arid waste. Waste includes materials to be recycled, reconditioned or reclaimed 3+ 1 NINA , t r r fJ~(~ i , *e I r ~'ha J rJ P,44.. ,tt 4t. t I, . ~ rl\y L . I Ifr~~~iG~ ~ V:{~ t Ki OL 2133 02 SS Copyright. Insurance ~crvices Office. loc.. 1984 r, `EE d .y t r , a std b < Vi~% 412, r 1: D T ~ , i` yy gr $l~ 1' C r ti " X k~ .Y` v Y S' . 1 ❑ .,F+~'~ «^r 1 f T r , 4 (rho A Xing Cava most as anpldat only whom this wNeraewd it Wad absesued IS arWwdke d Ow pdCy) , 61 uligim ~ri7 vs w., NC 02 11 (Ed. W iQ L Will t 'r ry ~s CANCELLATION AND NONNENEWAI PRLM15iONS (Ed. ado (loW This endorsement modifon such Inaranu is Is dlorded by the pdiq Matinp to tM bfowimg: 4 r COYPIERI IPEItAnM ANO[PERAE UAI M NISURANC[ r Ingram I1111DIUPF U156AAACE v sAr y~. FAN UMIU" MRANCE NANNFACN2UW AND CONTRACTONf URNIM INSURUCE ~y( fy . i v ` nnw An CONTRAUORS MTEUM uASU1T =Nuts k s IyfNEAS', UNOC M API TEINU S' UAiMF = MCI POUNRON ItA MM IIISORAIICE $+c 5 MUKEEPERf unim UISUt1ANU 3 R farms a pad of Pd'my ho, This edaamonC afleof vo 6241 111, di was tr by ~ r ti r' wpy Div I~Ny.' n { ' 1. R is grad that tha Prd panQaph d the 'Conceflatorr Condition is replant by the lollowing { This poticy may be cancelled by the hasrod named In Ram l of the declaration by sumndet thereof b Mae company or any of in; luthariled apds 4y ; ^ 4 r sr+ a by mulling b Me company written Moe stag cog wheo O nafkr ft calcination shop be of active. palkT r, 1 ' y This parity may to uncalled by Me company Ir moiling to he bland named in Res I of the declant" R dos led m Rw n In this written Mica slating when rose lose man k( days thenelter such cancellation shall be effective, seep! „t ' ; std e Upon hilure of the mad land b diuhirge his ab(iptkn k ON palmad d Mmium b the pdiq or any insUpment Mcred, whither padable dareotty b the company or its apnb or insi'mily under any premium nance yIan at adension of croolk the company may cancel the policy by mailing orttem nd.4ce to the asst haunt at had bra dads prig to the eRMhe tab d conceRat'oat t b Upon a substad al champ Is operations Win~ in in Incline in apmun within the camel of Me insured which would produce in Incra,o in rete, the company may cancel Me policy by melting written Mice to the wad leered at Wad ten days pea to the aftectiw date of cincena8on; T m . c. Upon a deteiminalian N the Sate lord d Insurance that the combustion of Me pdiq would vYddle so pies the complRy in vidniaa of the insurance Code" the Compaq may cancel Re porrcy by mailing wrillen notice to Me loved lamed at test ten days pea to the dtective data S' of cancellation; r I, Whm a company has been placed in supery1wri, cornervalorship or receivership, the company may ante{ a policy bv mailing written notice to the Named Nand at least ten dap prig In Ms effective date of cancellation upon appicnel a at the d"ctitn of Me supervisac conservator or receHer, or e. On a new policy, not a nnawdl in lee same company a company may cancel within slimy dap of Me Milisi etective dated the porKy by mailing = written Moe to the mind Wand at kid tin dap prof to the effective dale d cancellation, The company may comply with this prmisioe by requiring or permitting its aim to nosily the poakvWda Nowtet the rownsibiliq of giving moots to Me Named land remain with the tompiml d the apt tails to carry out its irntructone to nosily the "Way tared. The msiling of Mkt as aforesold shoe be sufficient prod of Moe. The time e' .,mender or the afWM data end km of cancellation stated in the notice shall became the end at the policy WW Delivery d such written edict -the by the aimed Idiom as a the company than Dt a igh lent to mailing : t1 * L The Allowing Condition is added NONRENENNL ay N Me umporry ekoff rot to anew this pprcy R shin mail b the anal bantered in item I d the declaration at the oddness at{awn in thh pdoN Wiliam rosin of such romenewat mat Ica than "Itmie days Prot to the ospARion date, tocape when a company has ban placed in supie ok r° consinsi hi recelvershlA IM company may dadine renewal of e pi Iy mailing wntho notice to Me Posed Masi at keel ten days prig b the apiration or dob upon op"ol or at the Win of the s WvW consanda or nahu +2 ~ s TM company may comply WIN OGs pffloiWn by Imiring of plfmidin he spit b ndiy to Palkgwldos Minim the spa mblRy of Ching Mke to the hand iwond afnains with the company N the agent toils tiny out Its insmefilim fa Wily tM seal hwnl F y,' The mailing of notice a ofwesaid than be sufrokmt pad of Mkt The Ome d sunorider a Me eflecOve ddb sand how of Nonnnawat stated In k 'A'/xf • ' of PAN written Mau by the clmpxd 080 Ds "Whorl b mining 04 Mice shag Ixome the and It the panty period. Delhery w~ue ~2 v ~'~~✓e U*ghf, imus to Swvka Omcs, mc, Bap 1 - , i' L 1 I r e dti { a f ♦ ~f I I ~ 7. t cl ' t ~i ti r ;u ,r + e.• 'r r `o rr1 v a~-r a ,e '1'. M ^ Jk k k ~ w i ~ M arc ~ 'k v Ai \ r ~ eprg Il IN lnlc{.af CUYw NN M t 111Ir1 {M W N } Y ' r I •N• Pi{ •nwrwn{M{ MIN" {Ww1WM to MIYr•I,Y M !e1 Mlicl :~`L ry 1~ ' r 15 v i + s lllulllfY 6l 21 04 [I di ifl `^1fk t;"d' ,m i10d iltdt G"tl i' 1 + ru osfl EXCLUSION ef.lfotel Oplrltbq Noprl fed irldwU N1nM] ti r \ . s~ r fAif lnofnePf~r owalfhs f.[n msroncf 1f s 1Mprdfe try IM Irorrlloef of 1111 dol ty rrlnmd la tM b1b•inl. Ldr11lM[NSIYd i[NU4 SW ILITY INS"" w ' This IedorNellrR, f1f1eliN . Ildl l 4 t01P1 f W al Policy %I. ~ ,,{LnYq lunl •..f, r issued to 4rt ` r"d 5 }I. S,,~h i1 M r \ .,.........IUCNlipf lNtM{Mtl N..~.__,..,,...,~._...,~...._ 541 'hi v.• S, h M b will tMt such hawma &14 d7wddd by to wily 1 Ie' `4f h i ~'JI .1 1 r Y 17 lifdllt) Chips" Ind VW M:trtq t11P1p lhllilit/ Corals 1011 root Ipaly 4 k" i Mtf a lhMrtY "49 Mcludod Yrilhia tlr CrNdlogf oNrltAu 1+ard It N me Mlotlf N.efrl. 1 ~g,u yMYf L F. Itr~♦" PY~~:, r t ! 1 1 f r r~ f , r a r t op, A J t, din i ce „ k ' I,pyy ♦jf1 ) t~ 1. -t 1 K ' (yyl d~ y . `4 1 ✓ , y M JJ J I h15 + 1 y ( a I { ~11 i4nr` f;7j$ t ;2 gip, r r 9~~s. ¢ 'if 4 (Tie Anal Onuu t d be m loll aAy rii e+Y adoJSwnwx Y hsued ~ • y~. , nbsear•+'e Otl+poatlan of M wrcy) ? 1' SCUM 1(Xli1 .ns. r naucu.is64) J wl, AMENDATORY ENDORSEMENT Sf 4i PAEJUDGMENT INTEREST ] Sri vy a SA p adorcenynt effective ' This ff ~ ` 1 w ! ~U10i All. e.,eed m.l • f0n^s a pan of porKy No, yfr Ysuuda f. , by t PL ......'ry 'Jf7 AyNpved Rp1MMYMy • • • • • • • r The beow lrq Y ddd to dw 5upphmentary R~rmvJn provtslon ~r fnf. porsy:•~'~, • 'in OdMil to T r ~Cal Oafs. M Mw Ci al M* or Gab, DAN r Ii awaded Coll Mw Usm on #W paf of the i ompany makes w offer to poy the apprKable rwo of os hilil . tN C S 4 6•ejudptwtl M+nresi basil on tha Vv iod of time Ow Nr oHu, o^Wor+v not pay any , X7 t i . r. ' eav„gf.r Nunn ServEh OHke, k., I%r S'` i. ; 1' Cowlli e. *0 Co.mrrc of li S"W Ma.. Jill 4r. j. 71,.f t . kt, ' rA , • ~1 .1 9 dtl I~, I d j r! S % 4.1 t P }1 i ` ~G`F I h ~ ly` tef' ~ ,u 5~ i• s. ~ , i ~ ~Ix , ~ ~a ~x f~~l i~5 ~ ~ 4 ~ },r~~ ~ , i y~5 or Ith1 a KWI GMOe be mollim aq 00 all Iwtorw" 4 4wd IwteLw+ b no#" d Oe we11 _ M v I' it 011! Id. of a IT1 d Kg :q ITOULMOM DICWSiom ta, 11i9 N mdwumwd mnmits W MWIMI " is of a did b) (be pm i=a d ter p/tiq Matal M ddb bdee eC 1 d ~t, ; , ! ItlStlf2Slr11dS 1Ml1LT ~ h ~~ti"~ t¢rpla~srrE want wl>un ascUUa +s. ; 01, • ~ a,i ~ C0111'dACfCA( SIAitlJ11 uSOIWU ~ IIAMUFAMt= 00 c91 MC1O1 r UUJUTI MMCt { llllfdlr An c0KMAcnlr jwz Am UAdKM mauict fallltr, 0AADUOOr All TOWIM WIIl1R 01 ROCI S10RF1CEFPfn UI VACS ~ IM& erdomom14 ftt * Arms I ON of IdkT ML 4 1 ; ! { oen e. sat./ I.1 Y' j t low he ,r, ~rrlrrrr ,,I t ,r i.` JJ •ry 111 IPW U the Odoom Matta fm dfeA d I It nima pd, Meese or nClpe of fted ho fa0ow,no:"t feet hall rSdt 13111 Ldt IMn1 tilt kW di it w r,•,~ pm crab aimils r oft imtaatt ranteminritab w r Irbteob 's mpllend OA ft 10 b M@I tai r pmrxq ditICI Irrtiel all d 7r xh* Idem•d r IM/teond 4WIF i depnd Mew r aape d pl%Nfft Sit at or Art When WA metal IF Iwooled bl 1111 mad erred. }fir Cal d or km am r'te ar baw ow by a tr Cm am bead r dun ter ttr hafift merw dsprd pImpel r tmatalof d ace I, 1 r f Id ahtdl n d I dal hR"tK ha reed, dlorld bated. dbpomd d r poreead as emdr by or far On anal bond or fnl pion d•. or rpmoda b! .Alm IN mud now arm be I faN mlpom wi or W at or to rl Ile or bate/ in rhkb Om nand kv&W a rq conbubfs r tlbgrATlcbrs ertbl ilmp if Who a We$ of N woad banned am prfrainl mrWaan 4 IN Im pall!" n bronmhl M a b fhl ub r toeldm 4 IWKM wall ad Ipntloe4 or pi the Ipnd" n to *9 lot maw'bc date Inn mmaa aoWm. bed deb* or mvft4a N pohtrn @ to any Iota, rot r aara refill ad of any P"M. "dbeden or mated that um wad lured hd k aft ekle to, mmaa mrdli4 bed ddwk of mu Munn padtbdt e c'' pollefinte alm IA mfg o tlwmd Wale r rsn4minant bdtdlnl %ffl* IM rd halt edk rota dllmiall and vin ~ 1 1 11htr ledude onswou b Ee n MCM16* k r mddmd l f J .t•I caefadt Yarnnn S>rNar aft k. 96 r! ' araois.m. ~~.....~...,...,.........wvwsx~e:..w.~.t~rwrris~w•v-...-.»,.~..........wn.,...i~n~......w.n............ 14 GPI i .w. Ih 11 t lk • a yr a " iii ; i^~ 4z~ '.ti.rv ^,~~i'iJ:. t E i i. IA ~ I Y rt , q t V, \ tr~l y,l wt 9 f ~ r t~ pnc AtbcAlnr GWU nW N tamtlntN onfi .hrr rail w 4r.NmM ItWM WDIrWiA to Mrr ntlM it UM rnikrl ri UAW" p~~f L MIllil ru I IL Mtill, IFLpU i AMENDMENT OF OEnNR}O94MWKWAI CONTMI 4 TAis srdarNmrM modiRN sucA lmwsncs u b sRardsd by Ow 0mvitiaa of sm Atnrral llsDifitf Inswsrcr. i . This vdoratmant rf ictiw farms r pal d poky No. (1211 A. M. rGndarl time) ' wmnnfav.t ~ ~ N is 41Pted flat N WON of leolhrbl contract to smoldsd to Ylchdo my tosmsM or Ncsop rpssrtrnt Is eonasctlon with wAKfo or /odestrM p}ub raitrwd orasFp at Vida, r~ ,.t^..... . P 1 ye ~i i \ . J 4 iJ ~pi ( \ v ~ EI - e k _ ~ 1 1.~` " hj ~ 1 rY1 p 1 L ! ~r . ei a r fff r al a f rr' g „ s1 q ~ r lava p,Sr a. " r. i' Y( rf~. I 3 { i .e......+..w~.+r,....,..:~,............, .........,......tvwwmnaw ~'MrvYV.~~...«r...,..._.,..__. ..k i d k . b ~jl a j RY 1 ~ , PROJECT NO. S7• a3 CONTRACT NO. THE STATE OF TEXAS aJap, DEVELOPMENT CONTRACT p ] COUNTY OF DENTON gL,'1 fy. . Whereas, Denton Independent School District a r :kt M, hereafter referred to as "Owner," whose business address is 1205 West University, Denton, 'texas 76201 ,,,,Y y is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and ";*n ~t Whereds, Owner wishes to develop the 'property and such `a development must be performed in accordance with the applicable ; ordinances of the City of Denton, hereafter referred to as "City"; and ~hr1` 1 Whereas, as a condition to the beginning of construction of said development, a development contract is required to insure tY t, that all streets, water and ;ewer lines, drainage facilities and other improvements which are to be dedicated to tic public, hereafter referred to as "Improvements," are con,Lt,icted in , accordance with the city's specifications, stands rd; and ordinances; and (select applicable provision as follows) ( ] Whereas, the Owner elects to construct the Improvements t without contracting with another party as prime contractor, in _k ` dGrP~'°°"'m~s~..,w,r...v.,.-•----•-----....._.--......w~+mv.tt.~ro+klf+r64YYe~'+~4~'.`.~I'.~ . r _ as i e 4 1 f n tii All, t5~ t, ~k k } 4 s 1, tick: t.: which case the provisions of this contract which refer to "Owner" rl,•: or "Contractor" shall mean the Owner as named above; or r. (YfyYTY J Whereas, the Owner elects to make such Improvements here- , } after set forth by contracting with, p y rir Dickerson Constriction Co. , whose business address is P.O.&x 181, Celina, Texas 75009 hereafter • ~I ' y Y yF:' 4 referred to as "Contractor"; and ~ 5'•, Whereas, Owner and Contractor recognize that the Ciry has an interest in insuring that the improvements sub,Jccc to this r,N we; , agreement, which will, upon completion and acceptance by the City, Cam'" to become public property, are properly constructed in accordance r I: 5H ~ . with the City's specifications and that payment is raade therefor; WITNESSETH As to the Improvements to be dedicated to the public, as 1. °i specified in Exhibit A, attached hereto and incorporated by :i reference, to be installed and constr, -ed at _ Denton Independent School DEstsict II!ckoty I-rerk k";sd I'aemcntrq ticl~nol the Owner, Contractor and C-t), in cons idcr,tijn of thc'.r mutual promises and covenants contained herein, jgree as follows: 1. Covenants of Contractor. Cc ntracto. agrees as fol'ow•s; Y' (a) Specifications. To construct and install the Improve- ments in accordance with the procedures, specifications and PAGE 2 d4••r~•a'a+w•~:asnw:a~.s.4.e5F+"'i`t1Yi~s;7.Y•+a+4lKl^.. F., TM1 4 ~ ati ~Y~}I •i f~~p '1 i standard contained in Division II and III of the City's Standard jp ` Specifications for Public Works Construction, NorEh Central Texas, % i, as emended, and all addenduns thereto, and all other regulations, J. 5l; ordinances or specifications applicable to such Improvements, such r ' x +t. specifications' standards, regulations and ordinances being r expressly incorporated herein by reference and being made a part D'= of the agreement as though written herein. I_.~i oSha~+ % (b) Authority of Cfty Enkinee" r; Inscections Tests and y f4'y i' ; Orders. That all work on the improvements shall be s~ performed in a good and workmanlike manner and to the satisfaction of the City taKf Engineer or his representative. The City Engineer shall decide all tlna... questions which arise as co the quality and acceptability of jn ~i I a Aaterials furnished, work performed, and the interpretation of c 41 i specifications. tl t = 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 Fx+~~y~yti;', P r~ specifications applicable thereto. Any work dons or +aterials , used without suitable inspection by the City may be ordered "dry removed and replaced at Contractor's expense. a i Upon failure of the Contractor to allow for inspection, <1+'' ' to test materials furnished, to satis:actorily 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 31i e ,t PACE 3 r ~RdN'~W.A~SIS~R~i'~7R~CMMA{M4iN1.G'i~ra.Y'.M*V4W.+s+~wa«er uw..neM~r..n...nr.wwrsawvtWl r+wtfcaraa~. ws4w,,.-.-. vr..aw,,.,... +...".1 , rp,YVia. f - P .t i , z r. ~ y Y1 ~a + Engineer or his representative, the City Engineer shall notify the _ Owner of such failure and may suspend inspections of such work xyY'' , s until such failure is remedied. If such failure is not remedied , alt ~ n i,,,. to the satisfaction of the City Engineer, the City shall have no 'obligaticn under this agreement to approve or accept they' Improvements. t„ as (c) Insurance. 'to provide for insurance in accordance with ro:, 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 oy "'+r 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 5 y a methods of construction shall be such as Contractor may choose; t° subject, however, to the City's right to reject any Improvements ~ S 5 ~ m u for w'hLch the means or method of construction does not, in the judgment of the City Engineer, assure that the Improveioants t.-re t+xr=~±` " constructed in accordance with City specifications, 2. Mutual Covenants of Owner and Contractor. Owner and 3` rtl, Contractor outually agree as follows (a) Performance Bond; Escrow A reemenc. That if building .s !a permits are to be issued for the development prior to completion ZiLt ;F a a i ~ t PAGE 4 `1 e r -,4 }r ' r. •w~rw ~ewK~Lwrw.Fwc'axwanwwr...»nw+... ..............e.,.~.,......»..TV~wnawni,n...nnw.w.+..wvwrrv.wn.wu. r. _ ~~f. IL: t r r i J l( 1 , ~ ~ k~^'Y'4i* ,~~'r i~."19.. ~w+;: ,~s~ _~7Z LS. iS'~+.1~..~a3tL~Zs~dewRG~Y~'„ ~ 4 , n ~ Si~t+ 1 Y {r, f "A~ and acceptance of all Improvements that are to be dedicated to the public : 4 (i) a performance bond in an amount not less than the 1.' amount necessary to complete the Improvements, as ti} t determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the 'i aptacifications of the City, shall be in favor of the City, and shall be executed by an approved °h surety company authorized to do business in the State of Texas; or (ii) if the cost of completing the improvements, at the time building permits are requested, is in an " A auount of $50,000 or less, as determined by the 1' ~Ji City Engineer, cash money in the amount necessary y5;a to complete the Improvements, as determined by the City Engineer, may be deposited with o bank as escrow agent, pursuant to an escrow agreement r'• insuring comp ration of the improvements, Without M1 ` 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 s t`' 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 claiuants 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 ~LYL+ 4: 10 to do business in the State of Texas; or r hre 4 r, (ii) if the total contract amount of all improvements is less than $50,000 and a payment bond has not r teen submitted in accordance with (i) above, Owner and Contractor agree and guarunteo that any ind 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 ls; ~ FACE 5 1j~ t7 r wM.w..n A~.vauai~+nM s '~1~KCq,P.M6M41F1i?.RMYkBM'WA1War. vv.cwl..xw..w....».. w1~'^ax w,w....'~ M+ , J , a i ll i '~~~:~H.r. s• ; "'~'tl`""~4Srryy{~~}„ tit e,;. , . ~v ,yam y, e_ L "Vi Improvements b of the Improvements Citheand that, furnish a written a Owner Prior to acceptance ~ ire"o i\ + City Engineer ffaaavit, in a and Contractor shall u k , stating that a12 orm provloeu by the char or claims for bias labeheperfotmed and material es connection with g es accounts nave been construction of furnished ihr cPcord -a,ve ed Paid in full and that there are Improvements r liens to which the filed against tha no unreleased Y are aFflxed IsiProvements, or lard wY, 0 1- the public, r that are to be dedicated to ^ahat, upon the r tr r contractor eyuest of the x subcont shall furnish City Engfneer, Uwner ractore who a complete list or material Performed labor °t all ':?{{M and, When for, the construction q requested r' or s supplied o Bach of such subcont a ctorwrs written s the improvements a rn tatement an 7 been paid in full. r a or s u tram any or PPliers that they have (c) lxetafna e ` ----_Final Pa meets, r~~w+ Ifi°+~iY where the (This provision 'ul applies Uwnar and Contractor a (c) " to not the as security tot the -faithful completion same Party-) That Contractor and of owne the IFOPr ovem r agree that tn' ents, of the the owner ahdli retain total dollar amount of ten Percent ` the contract r approval or acceptance of Pric until after final rfx " the Improvements b ! J shall thereafter pay the Y the City, The Owner ^cT Contractor the 3 Contractor has retainsge furnished ' only after r ~ l to the Owner all indebtetr satisfactor Y evid-once s,. Hess connected with that for the work and all sum • lauor, materials, apparatus s of srroneY aver'` r f i x t u ror and used to tei or machinery ~ipcr` the performance of rurnished the "i ocnerwise satisfied, work have been"' Paid or i r'. l.11 (d) Encumbrances', That upon a 'A acceptance of t and he Improveme the aPPreval or of completion City, the Im m e Provements shall PAGE °14e+FVeerirav,xr.rs ~Irya4a*.M~~rorw,r*vu;gwT. wnr+~agetiuq~y~l4+w+a+rsw,+n,Prxa+ooK.++~►n,aaar.,..... ~ ` ,i` H 1 r r '~3`SS~~%'~ - /A+i.+.~.yf.P.rw..,..n t!'!1•i"~d+ii~la~f~~M~+ F '✓.~'ta~G Al j~.~l•.~ 21 ? t become the 'property of the City free and clear of all liens 1°a I ;r s claims, charges or encumbrances of any kind, If, after acceptance" r;, of the Improvements, any claim, lien, charge or encumbrance is ~{!Ytg~' t a y made, or found to exist, against the improvements, or land deoicateo to the City, to which they are affixed, the Owner and t ' Contractor ahall upon notice b a4 ~ Y the city promptly cause such r'~v a ` claim, lien, charge or encumbrance to be satisfied and r:leased or promptly post a bona with the City in the amount cf such ciatm, ~Ya lien, charge or encumbrance, in favor of the City, to insure ' ~ rr payment of mutt claim, lien, charge or encumbrance. i (e) Main,enance Bond. That prior to approval or acceptance of the improvements by the City, to furnish a maintenance bond in Fy}. fora and substance acceptable to the city, in the amount of ten ti percent (101) of the contract amount of the improvements, insuring k<-' the repair and replacement of all detects due to faulty material wl and workmanship that a PPear wl,nin one year from the date 4 1 l of ~Y1,+ Y a, ya, acceptance. The bond shall be in tavor of the Cir,y and shall be i ' executed by an a pprovea surety company authorized to do business in the State of Texas. y;. (f) indemnification, To indemnify, fieteud and save ) harmless the City, its ofticers, agents and em r1 Ployees from all q suits, actions or claims of any character, name and description` 9 # brought for or on account of any injuries or danages received as sustained by any person, persons or ro ert{°' ~ P p y on account of the PAGE 7 ,e,wro•..nnw..e....v.-.•••••-^~~•,•••w~.nn+nwa:ageer•nw~~+•aw.}~.a+n.w~,~w.waThlKr~av~~+ , .1~AR7Fi1t'~1KYae.,,a.WbI T~ +~n L $f.' 41`y a}v 4,,.~`ft ~v.z. z ,a •5.:. ILI . I 1; Y i T1 ~ irF LAY E 1 n r''. 7rt~r , . 1 r Ed ~ I Ir: I ij. I ••i oYeraeions F` of the Contractor, his t agents Contractors, or on r employees or sub- ^ h` Sr}`k "~i.. ix r,G accoar.t of any negligent. act o r fault of the Contractor, his ayents v employees Or SUbCOnttdCtO[S i of the Improvements, and shall in construction i~i`~Ya;p'• ~y pay any Judgment, with costs, which may be obtained against the City growing out of such Injury or 04 damage y - ',si t;' ly) ~igreement Controllin ~,«rp~: a _Q• That the provisions Of this +Lti tl agreement shall control over any conflicting contract between the provisions of any a k Owner and Contractor as to t + P"r r7' of the he construction Improvements. L~l M, 3, Uccuuancv~~ Owner w(~1 k %rt't further agrees that Owner any purchasers will not allown~ , lessee„ or other person to occu within the development until all pY any tuiidiny r. , Improvements areV accepted h completed and 1 Y the City, and that upon violation theieof will I, ' , City $3,000.00 as liquidated damages, but such pay the. ~ a oe deemed approval of such occupancy and payment shall not i',~` I' the City may take w F' ever action necessar hat- y to restrain such occupancy.? iT, C st. 4• Covnts of Cit;s Thatr uponi Improvements in accordance with proper completion of then' accept the Im tnis agreement, the CitY ayrees to"} a' provements. venue and Gove y Law. The parties herein agree that this contract shall be enforceeole in Denton County legal action is necessary in connection therewith r Texas, and if 4 r exclusive venue PAGE sw i j 4';. i ,1 ~irn"-lt r r • , • . 1 1 .~'~nr..~M18ANA~.t a4p4t 1}7UW' 4•(4C%fti/ d ~ {t4Jpr'.,~^^ YN„sr. I. apt .k.rpP{dS~hiCA+A~11@►,~M9~fl4{k4r~f'l~AN1'M(M~pt ~r ~4~,. n r I L 1 , ` r'•. k" . of t~ 'i ` `+.i.:..a..C.':i ~..~..•.ArM~Miti'bAUAR~ yf~ '~~~M~kM' z I i.j ^ ` v a shall lie in Denton Countye Texas, The terms and P YJ rovisions of r pi $ 1 this contact shall be construed In accordance with the laws any court decisions of the state of Te ~ ka5, t ~ 6, Successor and Assi ns, k~ , , , , y This contract shall be binding upon and inure to the benefit of the > parties hereto, their respective tt 1,S!~,r .PI b) ~ ~ successors and assigns, Executed in triplicate this~~Y, a r day of 1947, 01INER CONTRACTOR Ky+w ` ` ~ ~ u v.'k Denton Inde dent Sehool District ~d'*• } Dickerson Con unction Co, t~i`•` +re ~ BY: BY:k' x~1 y ` V CITY OF UENTON, TEXAS C MANAGE ~y>r.y qV*e raY: 4 ATTEST: y v g~'P~a4~.,' r ' C *OtFNTON4 A LENT CI 6ECR RV Ci TEXAS APPROVED AS TO LEGAL FORI•1: " Y DEBRA ADAHI DRAYOVITCHr CITY ATTORNEY (~z5, CITY OF DENTON, TEXAS t A 9F. r. ~ PACE 9 ~ st ~ , b~,I { 4' `>:rr++awrwa+wwwr,..mew...r:.~wi,~vnrw,....i:+w:wx.~>s.+.zerew>+.vww+-~W'y~waVMClwa'.uYR1AMm~wl~s~ a u~'' i r l t , ~ •1f ~ y •1 ' ~ + i j ~ f ll .'t t t , .1~ J ~..-y I ,i'•ar;~'~ .t~..s.. ri,..~a as t"">a.."i~^ r{ 1' a v,t.%. Z J, I ~ EXHIBIT "A,r Waterline and Sanitary Sewer Extensions: S Hickory Creek Road Elementary School 'a~Y r e UNIT PRICES AND BID EXTENSIONS 1 , a Y % 1 i Waterline Extensions 15.00 . $90,292.50 )Y, p ` 1. 12" 0900-150 PVC: 6019,5 ft, @ 9 \ 9o ft. @ $ 20-00--- . g 1800.00 2. 6F' 0900-150 PVC: 3. 12x12 Tee: 4 Et. @ 5446.75 1787.00 t 3 @ 5367.00 $ 1101.00 „ r 4, 12x6 Tee:.. 13 @ $750.00 S 9750.W 4X 5. 12" Gate Valves y 5 a SA IIJ + 5 ~je 6. 12" 450 Bend: l @ $243.97 j 243.97 7. 6" Fire Hydrant with 6" lead 7, 6" Fire Hydrant ( with 6" lead 3 9 $ 1100.00 $ 3300.00 t ;a and 6" Gate Valve): s j 125.00 . S 65.00 8. 12" Plug: 5 @ $ 1+1 9. 2'' Air Release Valve (complete with1 lead, 6"x2'x2' concrete surface pad s 3 @ ; 350.00 LIMA- ip z a,: and cover): 4 10, Remora existing 12" cap and connect 1 @ 9 250.00 S. 250.00 s z. ,,:1 „'+^to existing 12" PVCs~~•' yr Z 11. 10" concrete saddle: 40 it. @ ` 12. Road bore at Hickory Creek Roadi a ' (includes bore and Jack 120' of 16" A-36 steel casing, install 130' of ~11c 1` ` ~Y1; 12" ductile iron pipe, grant each end and connect to 12" PVC with 8000 00 . S 8000,110 mechanical points at each end): l @ S ~ Rock Excavation: $30.00 per cu.yd., $ 0 R t, x y 13. Miscellaneous (specify): a WATERLINE SUB-TOTAL: - $ 11$.349.47 l .4 ~°lyd~. 111+Y .~1. P I , "'11N~aEiW~+F•~'~ a. n....-a .,w..►wn+RS: .NkTR~iwriiMTr ^t•~k'dICW~iN,, .''AI'f~d.~. F~kOSW k'IY.aW , , f EXHIBIT "A" cont. i, r, Waterline and Sanitary Sewer Extensions Hickory Creek Road Elementary School " 1,•.' ~y UNIT PRICES AND BID EXTENSIONS (continued)- Base (IO'") Sanitary Sewer: ALA k s 1. 10" SDR 35 PVC; 3098.69 ft. @ $ 13.00 . 6. 40,282.97 Jkf~ i 2, 4" Manhole (9' average depth): 8 @ 6900,00 S 7.200.00 3. 10" concrete encasement: 500 ft. @ $ 5,00 • $ 2,500.00 4. Bolted manhole rims: 6 @ 6150.00 • S 900.00 ~~,a,~it a' 5. Break into existing 27" (by City, F" but pruvide quote): I @ $250.00 S 250.00 6. HiScellarteous (specify): rock excavation @ $30 cu.yd.• $ 0 BASE (10") SANITARY SEWER SUB-TOTAL: • S 5.332.97 w:~~rt .A M yl { , A A. .H'n a, ALTERNATE (1511) SANITARY SEWER: y 15" ASTH C-679: 2,918,69 ft.@ $.15.50 1 " 6.45.239.70 2. 12 SDR 35 PVC: 100 ft.@ S L20.00_ . 6_ 2.000.00 a~"c 3. 10" SDR 35 PVC: 80 ft.@ $ 20.00 1,600.00 .ro f4. 4" Manhloes (9' avg. depth): 8 @ $900.00 . $ 7,200.00 5. 10" concrete encasement: 500 ft x ` .@ $ 5.00 S_ 2500.00 b. Bolted manhole rims: 6 @ $150.00 A r S 900.00 tp } r. . , i , 7. Break into existing 27" (by City, 7 . but provide quote): + 1 @ $250.00 8. Miscellaneous (specify): Rock Excavation @ 630 cu.yd.. S0 ` ALTERNATE (15") SANITARY SEWER SUB-TOTAL • 6 59.689.70 End of Section. '~k4gi~k '}Y, d, ' 'AAA .~TUV:.~W11~1[i{1V1~yANtiKKWw~ F 1 yy 'stl N.i9e r rR.. { .t r J ! ti { "4 4 l r r ~ t *Y' a ~ 1, a,.' s, PERFORMAN CE BOND STATE OF TEXAS COUNTYOF 2hnton r r" MA ~ a , F KNOW ALL MEN BY THESE PRESENTS: That Dickerson Construction Co., Inc. y' Count-yof~_Co12in of the City off Celins and State of TeXA9 a , ` ' princlpal,and FIDELITY AND DEPOSIT COMPANY F as authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held u p 4 t and firmly bound unto -Denton In de endent School District In the penal sum of - - _ ` i for the payment whereof, the said Principal and Surety blvd thrtselires(sand8 t- heir heirs { Administrators, executors, successors and assigns, jointly and severally, by these presents; WHEREAS t're Principal has entered Into a certain written contract with the Owner, dated the day of_ -e`1:2 Ae~_ Y? CONSTRUCT WATERLINE AND SANITARY SEWER EXTENSIONS 15~Z n ~w ,^k HICKORY CREFK ROAD ELEMENTARY SCHOOL which contract Is hereby referred to and made a part hereof as fully and to the same extent ~y i(L s as if copied at length herein. i¢ rF~ sal, , r f M i NOW, THEREFORE, THE' CONDITION OF THIS OBLIGATION IS SUCH, that if the ' {fit t r+". said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully( `t observe and perform all and singular the covenants, conditions and agreements in and by said ,CV ` contract agreed and covenanted by the Principal to be observed and performed, and according to v y iI the true Intent end meaning of mU Contract and the Plans aed Specifications hereto annexed, si w ?,t then this obligation shall be void; otherwise to remain in full force and affect; t° Rev J4 I t. 1 j "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Ankle 5472d for Private Work)* of the Revised Civil Statutes of Texas as f amended and all liabilities on this bond shall be determined in accordance with the provisions of mid Artcch, to the same extent as If it were copied at length herein." I ,x . Surety, for value received, stipulates and agrees that no change, extension ' or addition to the terms of the contract, or to the work performed thereunder, or of thtime, e plans spec' t l fkatiens, or drawings accompanying the same, sh%ll In any-#&y affect its obligation on this *Not opplkab;e for federal work. See "The Miller Act," 40 U.S.C. S270, PB- 1 ~ .,'s"`"P'aciu'++K. ri'i{p1r~91ALiyq~lW3tlr:aA~4Rl7;I:, ti+rs waulxnw+. _ .r.- t , . 1 i ` ~ r l I A r +t. .k~q~^Y~r 4qF..... a . r+.m~.'yS3l`.!r !1 S ~,py,''i^ .2'„4atPe.~k: ~R I ia. . «r..m; wwro a.M ltYAl<'~T.'S P DUAL OBLIGEE RIDE11 U '1U PERFD144AWE DGND 1 MIEREAS, On or about the day of e!! tOV ,Ole 191, DICKERSON CONSTRUCTION COMPANY, INST. CELINA TX.* , as Contractor, entered into a +rr written agreement with DENTON INDEPENDENT SCHOOL DISTRICT as + WATERLINE AND SANITARY SEWER EXTENSIONS AT 'd I Owner, for the HICKORY CREEK ROAD ELEMENTARY SCHOOL i { herein referred to as the Contracll and MIEREAS, the Contractor, as Principal, and the Fidelit and De 5. Y Posit (kniQany of Pi ,Fr' r Maryland, a Maryland Corikoriktien, as Surety, made, executed and delivered to said 1, 1 4, Owner their joint and several Perfornerice 6undi and cAti~?'aA 6; k i MiERFAS, tlva Owner entered into a developent contract with the City of Denton " , r P which calls for the performance of said Contract and has r $CI M ' equested the C ntractor C~I' sr- ~ ~1. : and Surety to join with the Owner in the execution and delivery of this Rider, and i the Contractor and Surety have agreed so to do upon the conditions herein stated. tt t. p '14 1 4! 1 NOW THEREFORE. in consideration of One Dollar and other good a.-d valuable con- +r ~x`v. red. s { siderations, receipt of which is hereby acknowledged, the undersigned hereby agree r~R ,z S ss` as follow-31 , j LI .a The Perfornence Dond aforesaid shall be and it is hereby amended as follows: fi 1. She naur of 1)ENTON. TX as City shall be , ~It 'tA~w add!_cl to said Bond as Named Obligee. ?yr , 2. Time shall be no liability on the part of the Principal or Surely 6 + , y under this bond to the Obligees, or either of than, unless ' ' j I f 4 1 f~r 11I ~tryti the Wsigees, or either of than, shall hake payments to the Prin- 4 41 eipal, or to the Surety in case it arranges for r, 1 canpletian of the „I Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required ' to be performed under said Caltract at the time and i- the Penner therein set forth. f I. r..ecpt as herein nodified, said Perforaance bond shall be and re- main in full force and effect. r 5 Ara $ l 5igna.i, S-alecl and arced this o?y day of fdAir' 1 a fi D19KERSON_ CONSTRU IT ON COMPANY, INC. e~ Principal r 1207Q IUD ~ Ol. STRICT Signed and Aocepteds Owster ~..`t City of Dorton x F By: FIDELjjY~AND £,pQSIT UH?A Y of MARYLAND Y Sure! y«';. r ,;4p4*.<r Gw Z20, ATTO ,,,...r `e-FACT :u V i,, i The FIDELITYAND DEPOSIT COMPANY OF MARYLAND a D FIDELITY Il DEPOSIT COMPANY Corl"Pill DOME Of FICES: BALTIMORE, MD. 21205 POWER OF A'>i`1 ILNEY I KNOB' ALL MEN BY Twit PRESENTS: That the FiDrUTY AND DEPOSIT COMPANY of NARY1.AND, and the FiDum AND DEPOSFF COMPANY, corporations of the State of Maryland by C. M. FLCOT, JR, Vice-President, and C. W. ROBBINS , Apsivtsnl Secretor , in urtuonce of authocit y p ,granted by Art;cla YI, Seetioa 7 of the respective By-Laws ofuld Companies, which ire set forth on the reverse side hereof and are hereby certified to lilt in jyki t full force andeffecrof the date thereof, do hereby nominate, constitute, and appoint ldi lliam N. Rate, Maryanne Wilton, Regenia Pismo, Carole Reitman and Edward L. Moore, all of Hatton, Texas., EACH it I I e rue and Ixwfat agent and Aaorneyin-Fact of each, to male, execute, ua! and deliver, for, and on its behef, a surer ,anduitsactanddeed: any and ■II bonds and undertakings ...EXCEPT bonds on behalf a ' of Mependent Executor, Community Survivors and Community Guardians........,... t ` ~ Z}i,SPJ d~~I 7 n the execution of such bands or uadertakinp In pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all Intents and purposes, is if they had been duly executed and acknowledged by the j regularly elected officers of the respective Companies st their offices in Baltimore, Md., in their own proper persona. This power of attorney revokes that issued on behalf of William H, late, etal +i+ dated, May 26, 1987. ' + INWITNE.9SWill UIEOF,thelaid Vice-Fre sidentoand Assistant Secretaries have hereunote subicribedAsia names slid afCxed the Corporate Sees or the said FIDELITY AND Duet f COMPANY Of MARYLAND a n 6 he FIDUM AND DEPOSIT COMPANY this . ...................2 } g t. day Cf........,.......r1.4D4.~TY.........................A. D, l9-f3-.. ATTEST: FIDELITY AND DEPOITCOMPANYOF l'LAND UAL ' _......2...... . B,......... Swe"All .0 44e FIDELITY AND DEPOS COMPANY c Amiaau 5"tre" , f4s1eY rv~ic"rs SranaMaart.ao k ^ Cm or/wnsgFS Y . OntAis tt 4r e1 January ,A,D, 1995 before the oubtibN, aNoWF Public of I%# Sure at Marlonl. to and ri for the Car of lishlmYa, /sly "Amiasiontd rnd uall~nv, rant the oberenoroed a'we-Peesidenlt. ad Amount Seerrivies dib FIDUJTY AND DEPOSITCAMPANY Of MARYLAND ard the llrILL1T F AND DEPOSIT COMPANY. nme Personally how" to It the leli"du Js and efficen olurbed lnNn and be eauutd the pecedinp lNlrumenl,and they out acknowledged the nnavisa ofeM Yme, and lNhylf axdutywere, uS. Yravany and euhfw►imtetfde"Its and We%. that t bey Yr the Yidefficer, of 1MComem"In afpaeaid. snltbsld•snlseffioNYIMaeareaeha Irolroment are the Corpwne Seale of mid companies. and IMl the Yd CNporele Se ate and iMle signatures Y ouch officers ware duly off.sed and oubwribed to iha mid npru,nem by the our horny and hrodimi of the mid Cor,braltoaa. !6 , IN TESTIMONY WHEREOF, I have berets moo set my Rand and sffixtd my OfWal Sod at Atlay of fiimas iM G sad r foal alorr , Fi ti e { , Mycommilisioneapirn.j41x..}a...A2.84 CERTIFICATE m 1. the whGn'yynned Usim ant See, ever y of iM Ill UUTY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSE! COM.'ANV do baby NrqtAar iha eritfed Power of AnNw drhie%the forgoRgis 6full, sow sad mow rep, is we full fitre and aped a.M dap el shin eerterest, 6 andrf W funMr nrlify tMt tM Y;n llroo dmY who enculd tM "Ape" or Anoteey sine Vim President. tpul.R - wiAorit~d~b1 she Bowie of seeder, le~appEaomrm any Anorw In roe OR Few" in An.•,M oil, Swriw Fd the re"llev If taw erlho FIDELF", r^ AND DiV IT COMPANY OF M A RS'®r and the Tl DWrY AND DLPOStT COMPANY. S t TTH rrrtib.an M M street by Indmita writ and he owthuil of endwlian, d iM Raw/ of Dmuien d the F1DELffY AND go~ . , COMPANYOrMARYtANDnoarnlintdul ranalsndbldere tMl6ebJAY dJuly,1061souldiht auaeddDumandtMFIDELITYAND DEPOSIT COMPANY of a mwliry duty and MM ea tM rnd 45 d Natrnber, In , R[SOLVED: "ihw tMf.csi,alleNmechanuany repodurtl maannmwe deny Animart SeeniYydtM CamPent. rfinbn aeoda MrmdanN hne,het, rhennn apdoKin. 'PeR a ren,fi 4 copy IF I Irwer dstrwnry iVuel by tM Company, eMrs be tabs and bwJiry Woo IN Csmpaay ' with the saw fare anld cffatt Y ibeupb man Reny ofrut ' ' . . a r INT[STI MONY wittiltor, I here hneumto subnribt/ my meets and all tMrapeers wah dhM sod Cenpnin, this L T day d..... 19....-,. ~rv,Ar<' naw.te 1i0-26t7 ao." L ~S e of T^!~ 11':1'I'1:1~L111; ,3+ VOIA 1'0111 I'kf►'I'I:("1'1ON LOOK YOR'1llk 1`6-1) M , L'~ i r rya } EXTRACT FROM BY-LAW'S OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~ r "Article Vi, Sectioo 1 The Ptesidmt,a any Executive V'ate-Presidenb, or Nr arthe Sent& LicePnsidmb or YtcPratdents specialty autboAeed a to do by the Board of D rectan or by the ExacwCve Committee, that have power, by and with the concurr• 4'' a y; mm of the Secretary or any one of Arutant Swrelades, to appoint Reudeid Vice-Pnsidmtt, A.nittant Vc Pmldm% and Ar' ',,r rh f r, !amts-la-Fat as the buatner of the Company roar tequil, or to authorire any pernm or persons to exrcuta on behatl of the ~y t Cbmpaay ark boode, madertakL~s, eaoofinlmc», stip0alom, porx:k,cantrerta, "meats, deid:,, ;nd rakAbb sad as `mimta ct Wcmmb, dames , mortjaib and kttrurnents in the tutus of mort{apa, nod abo all other la trummts anddorumentsAlch t } nlj the busfoew of tin Company ow mquim and to &It the sni of the Company tbneta." L EXtRIICT FROM 9Y4AWS OF•FIDEUIY AND DEPOSIT COMPANY F'k "AnicA Vi. Section 1 The Pttddeat, ac any ace of the E acatlve Ykc-Proldnb, or any on d o e ad~tbaal lrca Peaidml " t 7 pecIUy avthoelaed no to do by tbt Bowe of Dkecton or by the Exacuthti Committee, shall have power. by and with the ow- p i' l concoct at the Sec eti4 m any one of the Awletaat. Seervtaria, to sppotnt Residest Vloe-Praidmos. Aallawt Vice-Pteatdnts, t q'' l Ratidmt Aataane Seerelartw and Attomeysfta-Fat as taw buatap of the Canpaor Our require, of to authorize say Fame of per. am to execute on beWof the Company any boode,underlahIrte.,noootnua nces,stipulations, Policies, contracts, M. r.te,deeda. `1' r~'r,y 1 '•i'. and rdeswtedartplaamtsd Judemenra, deaw, elwlimes and kwtmmmts k the native of roart<ays, and aM all other 6 . strumentt and docwnents which the boolom of the Company may require, and to ado the teal of the Company thereto 7 r t 4r~r b i Y :i 1 ~Yi L ~f {Y' A d hn; X04! 1 ! ~ r.~A 1"t 'w r ~ rl tl apt ~ ~ ,I t ytr .1*ax , r n r r. w4 ` I~ z ` .144 '1r ,e r r - ~ t t' •1 , t. t ror.a.3 r J • a r r ~r 1 ~ 4.7 ~a r 'k'F r 'r. r, 3 yt' t I r . 1 . per ~rL L'. u yTtR p t I ~31~t y L ~ '`~IrT~^H ' ' avr%o-Lnat, e~1~S'.LGiaVl rsx•e,'ar.t~'niwwera• a +qr ~ The FIDELITY AND DEPOSIT CODIPANY OF MARYLAND i--~ FIDELITY AND DFNOSIT COMPANY Companies HONE OFfIC ES. EA LTi;+ORE, kfD. 71701 POWER OF ATTORNEY KNOB' AIL MEN BY THTSC PRESLN?S: 7'h►,the FID7I.17Y AND DEPOSIT COMPANY tN MARYLAND, and the }1DEL11Y AN^ ~ . . r DEPOL41 COMPANY, cor rations of the jute of Muyland, by C. M. PECOT, JR. , Yke-President, ppoo Y and C. W. ROIIBINS , Ap'nslant Secfetafl-io Pursu'mcc or authority grange: by Article VI, Section 9 of the respective 8plers of aid Cem(ania, which ore set iotth on the reverse side hereof and are hereby certified to be in r e full farce and effect of the date thereof, do hereby nominate, c0nstitute, and appoint Will ism H. Rat:, Maryanne S r Wilson, Regenia Piaieo, Carole Kaman aAd Edvard L Moore, all of Houston. Tai I EACH ; i V----------- t . t e rue and kwful agent and Atloroeyin Fr A of es to make, execute, aed and deliver, for, and on its behalf as r t ' r-T t aural7,bndaaiu aetanddeed:any and all bonds and undertakings ...EKC4PT bonds on behalf a+r + of Independent Executors, Community Survivors and Community Guardian A, Pre, 14; 1 +P~ I 7+5. 1 n the erecvtion of such bonds or unde,takinp in pursuance o, three presents, shall be as binding upon acid Comp+nice,nfvllyandamply,toallintentaandpurpou+,aviftheyhadbeendulTi IeeutedaeduknowledgeJbythe . l regularly elected officers of the respective Compantes al their offices in Baltimore, Md., In their own proper persona. ; This paver of attorney revokes thut issued on behalf of William H. Katie, state ,t g dated, May 26, 1983. t INWITNtSSWHERFOF,theSaid Vice-Pe esidents IndAa{tyComPANT eal+areheroandubaeribedtuNDDEP red } dfised the Corporate Sala of the told FIDELIT4 AND DEPOSIT COM►ANY OF MAP Iwo and the FIDFIM AND DEPOSIT , , . 21st . day of A.D. lo_QS..._..... COMIAN': This y FIDELITV AND DEPOSIT COMPANY OF YLANID F ' ATTEST: -fp "f % ffAt ~ `.Te_......... i . ...~C 4^1F Ey..,...... I, f it " Aau+nr Sraetsrl FIDELITY AND DIEPOS COMPANY ~w r r` r[AL it ~.~5'!'...... By . • . Rw,twr Gne.y r r:+ s . . .7 NO ai gCm b leelliMlsa tr. ' ! OntAh !t: del s( January A.D IggS,he(aretMwh,enMr,a.Vdrrf►~UiedtMS,ueelMu r^d,:aad (a tM Gt sf bhitaore.lYl ermTtn:ene/ rnl gqrdi(.ed amr tM abrreaaWwd Vice Prddenu rnl Rawnm Seeel,tin dtYe ryDI AND yk `r,a' FID[L7(Y AND DEPOSIT CAM►ANY,orae perYYRl I^YwnxMtM inlir111wre s^I ,aware aware. DEpD CAN►ANT OFN ,IYLAND and tM Onl mo n 7 ••t . Ie,n:Aed A,nla rot "hoc eeevte/tthM insNth,IIAN ihe}~r.~~eu~effr.r~d MG pe es darWeu:l tl~MttAearnle~ilfuweuly 'Me 'Yv;,eRl rnl ruhfa AimYl(/space ntr Sedr and thdr,ia^atarNUnrb rlTren St inrrver^t xetM Grpenis SededYie Cowprniea.anl tAd tM Ui/Caepo TM t. t r atlbfaf.~ed U Ih1 YM InHlYment ~ the aYlArbtl Ins dI,Ht1aW f 1M (prpY rll ~ 1N TESTIMONY VRF,tFAT, l Arrr Aerwnm M n) bansr and df Yle ael m) 01fi1irl Seal N t rf1r;~wr IM dl some Sit f rW doe % My commission eapun..lu.1l,._1+...~yS p CERTIFICATE e,• att 1144 Ithe anter~yned Aerina^t Sa,el,rl d 1M FIDELITY ANT) DEPOSIT COMPANY OF MARYLAND and the RDf1J77 AND DFMSIt t COMPANYkAer rEr vrtif11NrrrM rriyind Anxnr d.hlcN,Mt'oeyaN~MrhD.rwrwer erlMeael. w M. i.!(rrcenr/dGe, am It* dial, of tAis nrt~ca na^d I /r f+nEee Yniff rErr rhr Yie]1e~~~("idolssewto nmtel IM mid Pr.rr of Atrornel ►n. V'" PrrYknu rarire ti ` otherlee~l~l~"tM barhdD;rMonrorepDt am iFAitfi ap[uTYA DDntPOS7 CAhtPAN I'Srtoau1 d ld DiaMtMee rMgerun Rrlaw,tM Ff A , LP067T F AND DEPOSrT COMPANY Of MA AYUUNN TAU nrnf,nte au~M dFr+/ by frelra;lre Yrdrt and by au,Mri d re,dYlgnr'd tM b of the /IDEtITY ANl I DEPOSIT d tM bars A D~,.nwr dtM F70 PANY DEPOSIT a:Or ArY eui a wet eli I411ed ant WON! as tM !red 41 a(ANoi ms", 109 and to I to nrm ,ref artnelAM •r SvrNVl d,hrC.ow n ..Ar,ler a~aM fn N . ,011 With time WM (rrer 0 4fy ewldi menu any dwr smi duty Y "1 ne 1 1 r )T'•er r .,,Dane Ieued al the COMPeabdlM Wien"rawbWA 14 . der a~^rM CeMaI Sklg+~;' Arredte 4e^ter'rTla txefsesim j e MrrwnY .area od ,n/ ; V T i1401111118 LAtOF.I Me A , . day d._.._., ....,,..........la.,. ~1 trxw tb ui -1T0-3613 , ' rf 4, K 1'O 1111 , &D \1',111 RNIAI1 v i'(11t 11 I11:01 fF:("1'(()\ 1,00 7YY'fi1N~°., P~Y~'er ._..w e,.n ti «!a+..,r . M ar, e_ tl A a l_ s, Pi Y; J ` 5,fit ~ • Y 4 ~~~.tv,,~A: ace......: ....A...3~ .ik....wa.ri..'t.0..r`diepar,+y1l.Jlai,<TbenuY.v.t,,.v,. ~+w'+d' t td . . 1r1~ 1 it4. EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND ! y "Artirkt V1, So lore d. The Preoldent, or any Eascuthve Vice-Prealdents, or any of the Stalor We•Ptesideats or Ylce-Prestdants epeclapy avt+or]sed a to do by the Board of DLill or by the Exel Committee, shall have power, by and with the ooncurr• cap at the Secreseq or any and of Al If"tarin, to appoint Resident Ylre•Presidects, Aubtant Vice-Preoldrnta, tad At. torales-1-i•Fpct as the business or tbt Con.pany may require, or to aolhorits guy pardon or pardons to ill to on bebop of the Company luny bonds. undertaking. rtroinirances, adpubtioru, policies, contracts, agreements, deeds. and Menu end ►aignments Z" of jteddmeMS, decrees, morttsda sad inetrumectsin the return of mortga[n, and shoal oth«instrumw~tsutddoeumentswbir6 'r g d the bwtaaa of the (kmptny may require and to affix tba sal of the Company thestf " - 't t'" EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMMY ~T ~ t ki3, r !d "All VI, Section 7, The Praldent, of any one of the Esaudve Yep-Presidents, at ady one of tW addalonai V'.p-P, uideap dpetlNly wtlwrl+ed w ado by the Dowd of Directors or by the Executive Committee, alutl have power, byandwlth the con. eurreacs of the Secretary or any ale of the Artst"t Secretarles, to appoint Resident YIp Presidents, Asslatant V'ece•Praidents, Resident Aseie.dnt Secretaries and Attorneyo-la-Fact as the bwtaem of the Company may require, or to suttartre any pemn or per, •1 + +J.,. ` done to orecwe eb bell all the Company any bonds, undertakinp. rerogn4anees,ttlpuLtixu, fl'ks,rnptracls, greemartt6 deeb, t aid twill and assignments of Judgments, decrees, mortgages and Instruments it the nature of mortgaged, and ado all saber In. ' dwmeatr and documents which the buaiaae olthe Company may require, and to affix the deal of the 0,nmpuy thdntae + A,t is x , 1 rf Y' y'~. a• , r fl % r n Ay ' , I,1 ).r r1yC +A~ r ~ 1 4 Y r fit. R A ` t~ 1 I I' UI , i y. rx,t}1 Yb~: + r + r jyjy a2' -'i ti,i r>tp tr; low . }J•r ~~#Ae~~'ie--^••.....,......a..+,+....~•m.xvW'<a'~+'n.,...«....-.... ......~v•u.r+we ~.~J,1(,;;.ykh9r,yy.naewtryv..,.,r_..... , I P J L y !ti, :a ;M ~ yit; , ~ yr Y i ~ ~17,. ' i ~ ti! f!'i~ FS 1 ~ ~ t w',I a~,.~I1 C , 1 4 ~ ' , •II ' rl 1, f~ 1 ; ~ , IaR , ypl ~ ,~l'r ♦ i, At, I 1' r L v , A~ ✓ i . ~ ~ a x ~ , e x x. i t r t'V ' 4, )r r ~ imV , ~~+dt I V ti: 'V' rI 1✓}:~ ,A f n sN~ ' , „~'~G. 6 t r ' i~ it ~ V x1 ~ ti t} t,. , PAYMENT BOND A STATE OF TEXAS z,r•t r ~iA~t~~4ti 1 , r COUNTY OF_ DENTON t f t4M' 'wbsl° x~ t Ey~ Ir KNOW ALL MEN BY THESE PRESENTS: Thst__. Jckerson Coaetrut ACc.. Ina, r 1~ ~'~1;` " Collin the City of_ Celina a' f G+",: .y of and State oL el~ras a C ro ' principal, alad FIDE •ITY AND DeonaiT C~+KP at ` I,M r' { ASiY 9F MARYLAND 9 gi authorlted under thu laws of the State of Texas to act as Surety on bonds for principals, Are hold yr` i+~ l t?,» , t, and firmly bound unt nt n Inds endent School pistrict li tai afy 4 +i ii: In the penal sum of_PIGHTY.Dt '1FIOIISAFID- (Owner). ,,4L 4 •__e:,._Dollars (;17.4.,08 .1) U~ for the payment whare,+f, the told Principal and Surety bind themselves Std their helrs, adminls n k+o~ i r N, s C G ~ tralore, executors, successors and asslrne, jointly and severally, by the" prpenla: 1 11 , l to , ~~dr WHEREAS, the Principal his entered Into t certain written contract with the Owner, „ dated the-4-2y-day ot.__FiekSN_4/_ Stlx F l1`.f CONSTRUCT WATERLINE AND SANITARY SEWER EXTENSION to HICKORY CREEK ROAD ELEMENTARY SCHOOL ,tr ~h a t which contract Is hereby referred to and nAde a part hereof-to fully and to the same extent to ~0Y ot, i' If copled at length herein, At rll NOW, THERE. ORE, THE CONDITION OF TRiS OBLIOATION 18 SUCH, that If the rr t sold Principal shall ,Isj- all claims-its supplying lot:- and material to him or a subcontractor f1 the prosecutlon of the work provided for In said contract, then, this otigatlon shall be vold; rr,. otherwlse to remain In 1u.hi1~ h force and effect; ~ vex r", PROVIDED, HOWEVER, that this bond is executer] pursuant to the provisions of Article 6160 of `~"~'~`~i r cif the Revised Civil Statutes of Texas AS amended and all IIAHI'sles on this bond shall be determined in t. n , accordance with the provisions of said Article to the same extent as it It were copied at length herein. ,al I, j, Surety, for value received, stipulates and Agrees that no change, extension of time, alterAtion t k or addition to the !•rms of the contract, or to the rrcr„ performed thereunder, or the plans, K y t y speelffcatlons or uraerlaa'R aeeompanylr,g tho same, shall In anvwisa effect Its obliactlon on this r JSJn ~i S!1 1, '41 1 ~~tm d~,,.►.....,nit~~°'4'dn~~ " ^ s ~ ,.7 , 'Rif 0 L .,v a Y~ ~ d t'41 ,x 4 M+v`~ 1 i ^'w*t+*w,-AY'I^°`'*'~P71RJRlAi.MN tIDwr,.wrwo 1, , 1 ~ t , ~~W ~ i tY+ yar , '+.w+,c ►srnw.wea..a,~ _ !,i , ti I S ~Ar li ni, n,, 7y'j:l Iy4 +f k r.j PPPPP11Ih i S R I ~ ' I i i s t R k w k ,f`vc It r iat0~ fit i~.l ,lY,_ I DS~p`1 ~~L r * a l i~ry.i~ ~a9r fi k fM• " d + S Y`M~xr- ^ a to la '~F 'r i r I:, - t r. R ~.1' rt 1 )c fir' i + V It ; u MAIN X't 7~ {`"1ka~'>~it' d=,,~,wsst#d!{. 'YArrH4YW~M~.1F11iwM`.i•.`i,,~t..~.. ^ YY%~'k.A,dr..wkJ'~li.~ 1k~ r _1 . The FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D FIDELITY AND DEPOSIT COMPANY C*ffpw* HOME OF►ICea'. BALTIMORE. MD 110) ` fl , POWER OF ATTORNEY Ayt KNOW Au MEN BY THEn PREwlis: net 16 nD[UTY AND DEPn COMPANY W MARYLAND, and Ise IIDi1JrY AND DE►OSITCOWANY, corporations of the State of Maryland, by C. H. PECOT, JR. , Vla•Prosidenl, w and C. We R013IN8 , Aµistant Secretary, sn pureuanee of wthoriq Irsnted by Ardde Yl, Sectioa Z of d ` d(E.~< a therespeclieoByl wsoflaidCompgmes.whickarewforthenthereeeruaidehereofenda thetebycertifiedlobein ,~la tt. S full force end effect of Ike data thereof, do hereby nominate, constitute, and appoint vii l i.em H. Rata, Maryanne # t ty Wilson, Resenia Pirso, Carole Rosman and Edward L. Hoore, all of Houmi Tassels- ,.,..♦r . .............u ,r, r AV~I~ RtY^. r J i t rvs and lawful aprt and Atlofasyin•Fael of tech, to mete, taecbta, std and deliver, for, and on its behalf u xk t r t .i <,rcf ^ surely,enduitasclanddeed:CaY and alit bonds and undertakings...''gXCEPT bonds on behalf of independent Executors, Community Survivors and Colmunity Cuaril[an d> w fit ! t d , t Air q ; Y a t e e-eeutior, of such bonds or andertatlnP in pursuance of these Presenu, shall be as binding upon told FtdC Companies, am fully and amply, to all Intents and purposes, is if they had been July titeuted and acknotelit4ed by the q e-S r regularly elected office to of be reapetlivt companies at their oInicite in emitimore, Yid., in * eir own proper persons. z , this power of attorney revokes that issued on behalf r' ,Ilse H. Rats, *toll q1 t" dated, May 26, 1961, } a t ~k 1 M1iIG t 77DJ1 t.' INWITNES3WNEaEor,thejeaidVice-presidents andAulotanlSecretaries have hereuntoaubatribedlbrlramnand Zest' `tr affl, sod the CorP°rote Seals of the add FIDEI M AND DEMSIr COMPANY or MARYLAND and IRe FiDEUTY AND DC►ot31r s~ COMPANYIbis.......... .X11.4.....,.............. y ' t ....A.D.19.k3 t e°R , Artm, FiDEUTY AND DEPOSM' COMPANY OF YLAND JW. d I. 7r..LC .t AT f . By X _ ~//•Jt. ~~Q6r + i d+~ . . r R~ ~ Y v • V•,b ` , t,;r FiDEUTY AND DIEPOS COMPANY y r, * .x........,... By e 5. I'm W us 1...5 1 ArteeM S.naery .NdrMt 1Lt flrrMlµyJtyYp4~Mta y r, yy Iiii~~~,,'~ c, ` O.,A~ 21st l 4r of. Janus AD. IISS -before At ,.MaiM:a Noll rP.Mk of tM ltJr al Mu~ don/ Mtni + rs tM qt dloltirsrs,fwl sAoysnot sa/`uJiFitl , eaaw nls oturaa»IVbo~sslkau sn/A,drou Srrn: orkis nDLli7T ANb 'h 13t9T D~,rOSIT'cOMrANYOFMYLANDu,/tM17000TYANDDEPOSITCOMP NY,weatpereennrknowsnshot.Y,104e164#14 d0een k,eHDo/ lseeln an/ sM oseut,/ tM prsndins indr,Heel, sn/ tfiI&Tvin nolUmp nki doe 44, f dilial tht w l dII& Mike * 41 d a'' arerote,orA sock war Nrnn Artemis and rit►•tkr they are tN uiesfGrensf t64Gnpsfel sca.rlatMttkerbf'w/MIM NrY InrtYaonl wtM(~.yydsloy d+alica eels t: rl wM Car re. dr ml,Aakr/nuwrrrlYOl aNkm Yell/Jy iaslin r' dul,rnTrl if The uM fa.tremsew Ir tho sill, t~j ur1 HrN,len Yf,M ,tN GrporaMk,u. r art IN TLETIMONY 1rHLaL01,1 he" Aerwnu..:.ny Au,1 sal dfflA rr QK,.rr SwJ at of fi'tM 6 sn/ rr Orr Jaw Y 3',a n ` t 1 wrkta. a 1 f JJJYY, yyy~~ l 1 1•e • IIII 1 1 "w My commissionerpree..ti<4.E1'...1J..1914..... 1}t', tt', ~e CERTIFICATE ..71 b . I IAN Yndon Ar'raM lsnetuy d the, i1DEUT1' AND DEPOSIT CNFANY 01 MAAnAND lest rM FIDUM AND UPOSR J. COM0ANYkloe, ,~,nlfl K1169&Vnd Ps.M sf Artnrasy d.trial the rryr,y4sl.,n,uwsnl MAW levy. Is M fell Ana oM,Rrs w the r done ar this ertdk.fo• M I hnfrr ex:Vr tMn tEe YIll reddens 00 nnwled its rirdwer sr Alienist as" Via Pr"Wals m,,eyyr~y wrlsriddlb the bu~eWirsetu,Mespp~~eeiiml any Aaaae I"roe"arlVIAWIa An4tt,s qql ks taf'4,eyecrl ore/y-lave ofiM rlDE1?1T, dV t'ry q v "I c AND DflD~1T COMPANY Or MAR}'t and this Irl )VTY AND Mill g0a1lAN~'. . , OD M1 T~i esrtl~ksu eta N faeMriM Ye and M anbairy stnwlvlioat sf sM 9,s,1 note of eM I'IDIStiY ANp D~Jp~t~ „c '1 OF MAILYGANDs awl~n,f ut a11aM MldsatM 7sth by of toll. L9HAldil bsrdsl DirseforYSfIM►LDNI +111D X4,1 DLPOSIT COfffAAAPANY r s wruna M nllrjanf MY M IM lnl4r a Ne.eY br, 147a yi' gk:S01.VL0:'7lr tM fsnirnouruhsndnOr eepredwr/sl``rulvrr deny Astir an Seerdrr SAW coo"f rkrMrwtado knrs4edw w1 a 1 s(unaay heel lr i~,e 6rPsny, .AdlMnl.f sn~/i,lliry YPM the W~ny ,t `a r MraRer,rMieree ~►aewI YFalanrnh,l tevr .f on Jewel q 1 sill the rso raga oil ofwi is lhame nanaYnf slnia , INWTIMONYI<HLIIEOF Ihave hornntesYbeer,be/e esn,er/dfii„Itfr nrero6aftMswlUn lee.tks... i " t tl. . e ' ..............,.......,e 111, : ~MI ' Sl ~+11 y l, 1 ♦l e. ~11 f~`Ya , t,♦ sty`" FOR VOUK PRO l F.Cvl 100 LOOK FOR THE F&D WA'1 EANIARK Yr a NI ~~V e•YAish 1M` era•y~R}MkS:~r.x4.l:Id?FeAgaa7rJ ii,;:e?k2n/JCV+«e,..,,,,,T„y.,.-,..,~,..,.r. Mi~i1'rai4~w 1 1 1 ~ " s as'. r , ~f ~y k"kkr K+~S'`.~sr,W ~4. ~ ^ ~ r,a ~~]~•Ik ~ A{:fit 1.riY Ufa •t{1Yti`.^{~i '~i 4j v,. a.pi ap 1~,;~J vi.+t `.lfY r5¢ 1k r~p ~u3 ~i~v,. f'~ r kl ~ t~x~N'x~' nrk°a~2~w ,a•,~ar ~fi ~ - f ^ 1r ~t f as ti~at t bond. and It does hereby waive notice of any such Change, extension of time, aiten or addition`!" r to the terms of the Contract, or to the work to be Performed thereunder. Uon IN WITNESS WHEREOF, the said Principal and Surely have shed and ssafed this inatrv x1 meat this~_.dsy of .C_-__idtcu_ / e FIDELITY AND DEPOSIT $]iqr D~ckeraon Construction Co., Illc. COMPANY OF MARYLAND Y;lf`"i+J Dtcknreon By ra '5 1Ylh President GENIA PI1I`~wrd~~Ps:h:~,~xy~ Title ATTORNEY•IN-FACT~I,',~ fi F.0,Box 161 Addrsas_~2925 BAIARPARIC 1150 +~las i Address-. Celina, Texas 75009 Ra 1 HOUSTON TX 77042 ~J' ,r •In,r i Ths name and address of the Resident Agent of Surety is: a, WILLIAM H. RAT2 6 ASSOCIATES INC, «t yF~ 2925 BRIARPARX 0150, HOUSTON, TX 77042 P y ya"I4~ g,.r 41 e. i g s+ of «S ' e t r t a~. ~ KCS~~! ~ ~ ~ / T ~ I~Jv .ak?; k4 i ~Y ~`HY _.~r 'hr , r ~ h `!.Er r e PB•4' d1K4,~ ~ ••..vow'.r~urr~gyq~+te1RAN~,~'r""~":` , l i ~71" I J YYt,'~ it j,S t~ tag` ILE "A 'SS~l'E,:Mr~r~il~irmM.w v... _.::w~s:.vrna iwrorni::..„1:. ny,>i'~~'...rr~6 ,NAM et ' f w o E r~,3 > f~ i .c f - F V'"`'i- ,•I.....unsYin•-Ve Wt+M.I.vrlr.+~...l.. ~x, ,_F;«.. 1+- n, . Y r rXTRACT FROM BY•LkWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Alkla VI,Section l,TUPrtait!W.oeenyEA.CutiveValPrnldents,orany oftbeUnforVxtPratdeatl of vice Presidents speck,lly authorised so to du by the Board of Directors or by the Executive Cnmmlttes, shall have power, by and with the coneurr• ~ k~eg p rocs 4,ne Secretary or say one of Assistant Socrviaries, to appoint Resident Vke•Preeldenb, Assistant Wo-rruldents, and At. 7 tarnks-lo-Fact, as the business of the Company may require, or to authorises any person or peroona to execute on twha t o{ the CompbAy e*Y bonds, uadertakhip, recctnleanen, etipubtlOf% Poiktee, contncb, agree+nen4, dada; and rowers and aMfyhments of judgmeab, deaea, tnrtgsja and Instruments to the naturdof morflega, and aW all otberlrutrumenbaaddocumenhwhkh i; ehs bw:ttass d ttA Company may require, and to s111a the seal of the Company thereta" 5 , }Y } t ~;y u Uif!4~T FRO} BVd.AWI OF FIDELITY AND OR MIT COMPANY 'Ankle VI, Section ! Tbs PrWdmt, or any one of the Executive Via Preddenb, a any ens of the additional vitrP+aldeob nr' a*Wy authorised w to do by the Board of Directors a by the Executive Commit ter, 1W have power, by and 19th the toa• r eurnnee of the Secretary or any one of. the Assistant Secretariat, to appoinl IlAsAwt Vice-Presidents, Assitant Vk*Prddmb, Redow.t AnWant 3eerttarki. and Worneyeln-Fact as the business of the Company may regatre, or to authoriseany ptrom or per. 7 t~ eons to ascots on behalf of the Company any bond., undartaklnge, reoogulrtncra, uiputatlorisr policies, contracts, atrwoenta, doeds, r^ and rJeaees and asstlaments of judgments. deeren, mortgages and Instruments In the nature of mortgagea, and also an other 6 t dMi me and doeutomb which the bustaets or the Company may require, and to adla the seal of the Company shot"" 1Y +ta. , r! rr ~q A r' rf` y~, y t 1A ~ r• 4 " t i0 r . t'~((lr J ` l r ly tV~ . l 1, 1 7~ F 1 r ,1141. rill "l~ , 1 i t7 .rv~~ t ltil "ysv r 1 r$ r i . yM1~ 't 1f' r h 1' 'y AL ^ t r , l~~tt n ~NT 1 r nY , tlr d_i t1{SW '?117 i.'.u r„n,'(Ir't ~,~97i'~I 1YtEr,!rg r lt,!i t, r,.{i taµr w J ~ {~"r r~.e Z~ ~ ' Z 11 a y a 1f " , ~~rcl. '1^9h 1°'-~l J~J~ .i' f~, ~ ~ 'I i "r+.;j •.e6 ~ " u ~~r1(~' ~~r! (I,, flt,=t'1 r,1.'. <•.I Y".I!i n 4x.\.~ , -0"- o ~ .n. ~ 1•~ 17 n~ i tIT ~ rf yr ~r~{ 1 r,, f¢~" 7 t . r ice red, f ` f { ~ r t. , v r 1ja r - F~S6 r IN I t tr J (1 Yl~~~~r'-'7 r~ltt 1'1 PV< tlrl rqi". ~i 111 y19 ~aY ~ ~ ~~~~1 1 y t t t ,rk , g 7 c 7 14 Irx rF r.~ ~F rt i V~ . t ~ ..7 -rryleutrrppers'i:Mlnwevrw7'osvslarwasa... _.,-s..;w.,.~._.. r1+4k14rMl'V~iC '^n'q'4-~, +'YS"y.'rw"pdfEk~d~'~IG~f:1s~VA~ ~'a 4ti E, ~ r r. tC p raj 'F i! 1•i 5J 5 s , ix f - x +'r, r, "~1<+~, • r ~e ~~x 1 lxilM xti~ ...t l' 1 y!`f/ i1~ + yt ~jtir ~ i! 1•. 'Yrf 4 'y+~~f~ q 4~N ~ ~ f~'.'V Li sk4~l.:e y a IYJ 1 ;,5 9 i it +11 . F`. 5, l 4~!' ~ i 1, ~ 3 ,,ry + ! iiir + I ~iryt♦$t f { n~i F„ a ~ ~~5. + §~Y t r~ . r lr V~L t 1~ P a 1 1 I l .i~ 5-. a 17dC4 t l e or u sT RIDER ¢ rt To huthehed toand fvm a putd . PAYhirNT BCN e t'' Lout, dated tht.__...:... G...... -.41y d_.. by t t 10, ,r locoed L ILt FIDELITY AND DEPOSIT COMPANY OF MARYLAND D ' as 5uretyr on behaU d F y* r tx+.' .piCKERSONwCONSTAUCTION COMPANY, INC. _ v f> ONE HUNDRED SEVENTY EIGHT TIIOUSA}I~. „ )eyl J In theytnoleumor ,.,EIGHTY RINE AND I7„[lil0---- k . Ddlan (1.11710 B 9,. I F I t ~ ~1 "t and In favor of............. DENTON..INDEPENDENT SCHOOL bISTRICT N r _ _ t 511 t . . R~1 Y ht omulJetakm or the pnmiuln rlureed fa the attached Ruud, h It hveby greed 7bat thutMched bold be amended t. follow.. it 1 5 + e rl~s t NAME CITY OF DENTON AS CO-OBLIGEE if, (a, 'F~Y rat 7 'L ~ a1 7 ~§t s rdu+ w h 1 tit `4 ly; l .d A 1 r L, t' +~'2 s 7~Stlt I~r 1 ' t ~Iw 1 2 n,~t e ~tJS1hu,~,~'~n V ~l 5 '1t1 9 a r 1~~ 11 vt d ,r L r 1 i + Pro4w, I I"em, that the attached bond It-Oil be 1* ,^L to ell Its e6retaenta, Ilmfitationt aad tomutloue tmetyl ee henln ~ t `t ~d ^ 4'Lk.. • 5 ,fk erprealy mnJ3A,d, And furtho that the 16b19ty of the Surety unda the attached bond end the ett"lled bond a 11e5ded by thb Cpv 1 War ehatl not be cumulative. 4 t A This P61cf .hull Itctm r s ,rnu eRective at of t10e.,...,A2~,,,,, ~ f+ 1C k~ CC f* ~b• + J 1 54ntd, eoahd and dated lhb_.s?~_,»................ .day of «.I'~id«IL e au } 1 t •!a 1 Atnert 1i'y ,f[t .,IA kAq S pw ICKE N C NS AUCTION COMPANY, IN 5 C ` N -PRINCIPAL M , [t~ 1;1~fgq~f m • P 9r Aceennot FIDELITY ANU DE~5fT COCOMPANY MPANY OP MARYLAND ~ Igo 13{~'' y~' / ' (y r M YY ~V ltutnxlllont,eouu-tM.e-eo nlJae REGE<DIA P~L2p' r r Pro 4Y61100 1 f} ATTORNEY-IN-FACT ~i~4 ~ G, ~ r r+4 f 1 ' 'I' )1 It TM ~ t 9 Ji! ~i Ya • 4 , M1lt~. 7 't 4n a ~Gt t r r . -.t f r Iy r{r M dr 1 r Q j't V i t A~~ ` t{IAf wt 1 rr tS n 1:T j'.'we>)) r!~tFS r11~ 1•rt `j'i ll t '!i7' x. 7 1.~'`s s "1 i' 1,',, ; i•; r~J v~ [fi~ f~aP 7"tr3f'. 4 Yet i t' i1y ! t Y' t ~ The FIDELITY AND DEPOSIT COMPANY OF MARYLAND t a V FIDELITY ANI? DEPOSIT COMPANY q; HOw1 011FiCEt1: SALTIMORN, k(D. JIMJ POWER OF AT MRNEY 1rY, , KNOW ArtMENBYNutPRxs[ Tl:T11at]heFIDELITYANDPLPOSITCOMPANYOrMARYLAND,andtheFIDELRYA4D D"17 COMPANY, corporations of the Slue of Maryland, by C N. PECOT, JR: Vice Praldent, and C. lI; ACDbIH$ ANi~unt Stlueluy, io puuuenca of authoiily panted by Ankle VI, Section ! of the rcaPceuvaBy-LA"*(laidCorapeniet,Which are set (onhon lb rrtest &I do bereofandsea heresy eerrifledto be let full force and effect of the dale thereof, do hereby nominate, constitute, and appoint bl l l lam H. Rini, 1(aryan ne t Wilson, Reseni■ Pisto, Carol Kaman and Edward t. Fo ; EACN.,P... ore, all of Houston, Tetu, .t',. eRiTrue and lar6$ agent and AIloraeyin•Fect of each, to make, execute, sea! aid deliver, for. Ind on its behalf me lurely,and is Its act anddeed: any and all bonds and undertakings..,LY[EPT bonds on behalf of Independent Executors, Community Survivors and Commlunit l~ y Cuardiana,.,.,.,,,, i . tX. « yr, 7 i s It the en o teeution of such bonds or undert+klap In pursuance of :ha s presents, shall be a binding upon sad f x ;P'~ • ~1 y , . fomplnlea,ufully andamply,toslllntsnhanlpurposee,uifthe) bid been duly executed andacknorledgedbythe regularly elected officers cribs respective Com,uniee at Ibalr offices In Baltimore, 14d., in their ors proper peROna. > t t p , This power of attorney revokes chic issued on behalf of William H. Rau seal ?t ~a j•~ dated, May 26, 1987. t r k t y7~t i,,ry T 1' IN WiTNmWHEAZOr,theuidVlce•Pre idenue 3MslstsatSecretwitihave he Stange eubeul'beeltbeirna eland 1t Affixed the Corporsit Scale ortheSold FIDEUTYAI...UL7uS1TCOhM01OrkiARYtANDandtheFIDUM AND DEPOSIT 4 I V COMPANY this 1.1.aE.............. day af,..,...,.dUWAK d, n' irvt ATTW: FIDELITY AND DEPOSIT COMPANY OF YGAND e~ r n fU1. AaWw I 4. J~ 14 r _ FIDELITY ANDDEPOS COMPANYi ILAL fi1Y , w i., A ...w A.......~`M4..,,.,. By 4 r arartur Munaao 1• 15~++ 4 4 } 1f CIM nl DALtlraaa r' q A' 0"IbIs 218f days( Jan{{aty A.MIOSS,td.ralMwb,crOn,eNotr TYMr./rhaAN.rllf«.r.LLnI~`ApA W T lulhrUryd t arr.ds AS We and UYll13alcuts the sbovis ldYicePte"olsSAOArmnlSacerterlaadlheTlVruTTAND a J'vh.t DEPOSIT COMPAI1YOrM 11YtAR0rMtMl~DLi1TYANDDMNTCOMPANY,ueeprronett1teswa4INSJR& ,,andaRuera de,niNa huela 1n/ the urw lie /nediq lnnrtranI and 1h k sdaa Mtrdpl the "Hoti" of lM ulna, erd kdo4 au lY1),eera, c lrsck WAirarelf /•rrtlaelukl,,Ar iha)ewtkeed/ re eflM6rpeirdewWd, and lhrlhe wl,allkrl uP118111 trlMyet1end,n r•,' f k,truewnlre lhaC It I J,dlawCewI~rnlekud dr Ike raid rlralr udlAa4 ellnrurwrealettw rn ww/wly aRad a~ eubaribe 'a the 4w Wearer ly Itw lrkertI and dwsdioa or 111 raw rkae. 1 ; . . IN T1mwONY a'HtRtOT, i 1rw Arewnw an q Nanl le/ dfael •y OO1eiJ Sad r d Ire IM d wr f.,1 stew ' i r:... ibar*ph i' rrktM, ~ y F ykyr 1 , M • •N 'Y MJ commission espires .,iul X-1-6 ..l9Sg....... rr ` y • CERTIFICATE t ,r * I Its anderN rd Aselrcnl SSe~crr etary the hpPLJTY AND DUOSfT COMPANY Or MARYLAND ael da 11/311.177 AND DtMrf COMfAIYkhen~eend IAnIMarleled awlC,lAn ddW far kah4 anf /rwdtlik wrUfkri'i 1n1 bf.nker aner~111111, Nna end, arrrtryr,4Mhafru c.d•ffrtulM7,:'•.• t' ifl eke ~~ydur ■ 1 r +lrYlad IeN Yi++ e■r rr MwrNy rya Visa .Pe"ale 1wlaN ewlhariudhl theararil,d t lareaelalaay Anrn1r~~""k l;,q r!e .w«fla,,{{~~klayyl SevlkaldlMleprtiwly Lndlla llOCUTV }.t' " ANDMtQ41T00w1ANY UZI*AND anI IMADtlJ1T ANDDj►OdITCDM?AN1~. ` " T1ir er tH u w a pal ly lref■ik hods Mild orlt d floes of 1M krl of Diraneee d the FlOCUT'1' AR bVIONt ' COMPpANYpp~IMARYIANDrsarfln(d~~wfr emlod04IMShhLIdfdf 1toSAOof1it# tdefDirrlmdlhonn1ITTAND ,.r• f , DLMT ZPA11Y 61 1 swims duly Wand L-A ea 1b Ind dry of Nseawb, IM 4 , RCSO1.YLD:"nor INfanimilerw/ahankellr lurdr aredan4wyd AralnaarSoodrr d11e r ~~pp~~aaa1re nne~ ) ArrrRM, rMarru f spa a eertdirl ayy Ciao rr •l/nirnq ly tyr Gyanyt.tl y f ■ Nhelityrlr W.yen arwrNd or v t " rid IAa Car rota one aRreta 11reeLwl,uDy r/fiaN,•p wee Ind the Campo) F . INT[STIANyNYtrHUJAflla.rhrwnwwlenll«drrlue,eanlaR,a.dlMerpnweraNddarilGrpair,riJs „ , of... It i' "ovu ucWr,, ,n -lJQ-7d1J Ar0, ' H) It FOI'lt i'RI) 111\ 1,0 K 1'0 It 1111" F&D HV,1I'fh. 11. K .._...,,,.w.,w+,'+rr«a.lMCx~:Flib~s"a'~trWreJV^a,'aer,{lyjf`vA,311~yt 1C5 5t 1 w \a' I V , L car I r A, + 1 ' ° t o l7A . a fit 'C t t L 1 Kv L t.: i , ~ y i „R,7~ a.3 ~t1. a, lei', 4y f' ,(,v{te a "1'.,. ~Yr +et + )V`~a tV F} roc r t ra EXTRACT FRAM BYAAWS OF FIDE.ITY AND DEPOSIT COMPANY OF MARYLAND tj, l "Article VI, Secloo 1 The ProWent, a any Executive V!mPtWdenu, a any at the Sealor VImPrasideuts or Vila-Preaidems +t t 7 Y wN0{g4 w do do by the board of Dlleetan at by the Euuuth'n "copies, mho have P.Inr, by and with thf conturr• ,i, ° el r5 F' Cony of Ihf Sfvetary` or any one a Astalant Sac4tarlet, to appoint ktsld6l V'ta•Pnaidents, Aststent Vita; Preeidente, and At- p s ' v , sal'' ti ; tweis- n.Fad u the busloes d the Company may nquhe,• or. to apthoriw any paean or p"ps to execute oh behait Of the r 3?,Z t a ~j;, a~ en a, y\ ~ Cora yboodo,undenaklnta,rtlotetwrcaa,itiputatlona potkta,eoltracta,efreemenu,detds,andWroahiandar4rmeau S.T r , r r{;V y t r r d Su p, deans, ntoRttgs and loouumenu in the oatgre dmortaats, and alsoA otbariosuumenuand dotdruentwhkIt fW +rf thebvaWtwdtheCompanymay require, andselKithereeloftheCompanythereto." ' 'drip a 1,, t y r t17f~y I t , r:ATRACC FROM 9YAAWS OF FIDELITY AND 9APM;T.4S"IPANY n r a r i I f l f y a' ~ , "Attkta VI, SteJoa S, The Froddent, of any one or the Executive VkrPrai~kpu, or any one of the additional Vi e Preddea ? specially authotired to to do by dit Sgard of Dirwwm or try the Executive 4: mntitta, shall have power, by u+d with tba too- t 1 s I d M1~ eutrea" of the Secretary of any one of the Asshtant SeeretitrA to' appelat Resident Vk*-PrWdenu, Aniatant Vict'Proldeau, r C 4 a v, > y t t + Resident tX,t Seaet tiiee,'Aif Attacveyi fn-Fat u the bvtlnaat d the W.npitty auy requim of to euthorite any pema or per v y 4,b1 axpNU 6alxhaNoft~icompaar lee7r ~Eoddr, 4ndertakGtQa,txofnffaet(pulat!Ona. DodrJea, oo4lratta,apaemenM 4eetk 40 and releaas and soli timente'd ~tAmentt. annex. morlYeeei and kuWnMt the mature of gtorfaaRS, and ako ail Other` lm- atrumasts nerd docamen+i wbkb the boAnlm of the Comp ey may squire, and to ICS the rat at the CM041Y therka." 0 t ~e. t ~ r' l deli A~ ~,M1~ y r 1 ~t.l ~Jb f ,fir ~z( lS, It v +t n ~ X w`i , V t ! r f , , , 4 .A 0 ti:L 0 t °~,~5 49 9, + ,i yr % .~""ll F I ~ ,F tJ~"'a w l!, e•: tt J. e ' •a , , v'n 1 1 T L ri~ +~N''{,{fV~ tM1~ I t ~T I +'~7~°'' Yll trod a ~ r j , fA ~ 71h.: I P0'T'.t Iy ;'1 Sias ~',r i 1, hrl a 1~ r4 yV ^5 ' "F - rrne~rc;[1E{J"►`71LI,wnv,rWV~YEM+WX,~~+S~t y'~, ~p~,~'~ t t + r ' , 17, g 6r 5 i ~ ~ r't ~r yu ~ ay ~ti ~ T, ~7 1!t_r r1 ~S°1 . v . f~i a, , n5J ~',l n r lV' J , ,I YJ W' 1' M .1 S j z4r' 1 ~ ~l , aW 1r~,k f A,~ i'j1 a( r~~nr,+~~~~~*yyf~ M14~f~ a r~f +~~,t~ y n ,5~d}5tl~q ~yTJ. r ~ Ipp j V -I S' ' a 1 Yd41 nq S A t n .y r- { r, r f y ~ ~'`a 4 r ~ ~ a ~ a aq er akltlr 1 \\"J G u ij ' '~aSw ~C yY t rY ~1~,5'pf I ~1,- ~rtlt r~. I' J j 1 ~ , a ~ysa a a 1 w ~ ~ 4~ 1a ~,x, tlti' a --tl , b 14U71..Thy'►}f71»~7E'M~'t4lROUr"•,•,--•. r +!I ~4tl . Al 1 jj 1 ) f1' r 771 t ,h. ('~.~1JY : 4 n , : [ ~FF A ~ir [ 1+ t'1 t [ n . ^t~ f a r re , 1 ~'rv [ ~ 41 ~ ,u CONTRACT NO. _/Y ~ ~ A A7 THE STATE OF TEXAS § }er1 DEVELOPMENT CONTRACT COUNTY OF DENTON + Whereat, Denton Independent School District, ykl i{ ' i~ hereafter referred to as "Owner," whose business addrqsa is 1205 West University, Denton,Texna 76201 y , is the owner of real property' locat.Ed in the corporate limits of 1 `r r F + a'+ A iy : il the City of Denton, or its extraterritorial ,jurisdiction; and Ilk pda A, , FA' Whereas, Owner wishes to develop the property and such R V rrS development must be performed in accordance with the applicable kL ordinances of the City cf Denton, hereafter referred to as "City"; and Whereas, as~'a condition to the beginning of construction of said dovelopment$ a development contract to required to insure that all straet1s, water and mower lines, drainage facilities and ' other improvements which are to be dedicated to the public, hereafter referred to as "Improvementsare constructed to eAx t~ accordance with the City's specifications, standards and yt V~!ordinances; and Q' Y`y (eslect applicable provision as follows) s#~ , } Whereas, the "net, 'elects to co'n'struct the *1mprovemenra without contractinu with Another party as prime contractor, in ~i~ ~•.If `y f kT r i1q1qy~~x~ t l~rµ r~~ 1` ~~A A e!r •-+.......yr ,~1N Q7`~~ ~Aaf~T~f` .~f 1~""~w..~rr+l~rr~<o{6rrnaMa.~ t ~ s +{~k . :.'9~ Y43 , r> ':M of ~ , f, qqr4 t !1.' ,,{ql f. 'n jar 1 AL~,~g ^ i~ Sl, r, ^qq fkkii ~5g 1 d.■ k i d A Ef l~f I ~ i a f ~ A ~ y ~ a u '!t 'Y ),1` ' • 1rt f , 1 14 W e l~r 4 to r( , 1 t l i~ t r { , S t p, SSA, A ~ry+} ~iK. L" 4. N `e { rub rj ~S , , h', BK ~Xe, ~''j~ m +~r r VrYtt 1 , , r` V1 ,LO 71~' J'~4 nt r K f4.1 'b A ay 1 f iii 4'.~: t Ai ,f r4{ a, ~f~ 4 1»r y C . P{: 1 yY L' q ;w •,which case the pt'ovieions of this contract which refer to "Owner" ~~fi~' , io?- or "Contractor" shed mean the Owner as named above; or ^t"''t xxxxxil Whereas, the Owner elects to make such Improvements her after set forth by contracting with Mr, Bill Cheek, representing 5; Jagoe Public y{ , whose business address is ,ia? P.O.Box 250, Denton, Texas 76202 9rySr~ , hereafter h r''t ~,Yrsi''i referred to as "Contractor"l and Vherees. Owner and " Contractor recognize that the City has an s v { fh<<}`;' interest in insuring that the Improvements subject to this agreement, which wi110 upon completion and acceptance°by tho-City; become public property, are properly cons erected in accordance xfA,r,~ with the City's specifications and that payment is made therefor; M 4 p ~~rt M ! , ~ h r WITNESSETH As to the' Improvements to ba dedicated to the lic as pub r ~~r specified in rxhibit A, attached hereto and incorporated by ov reference, to be installed and constructed at r # new school located on Hickory Creek Road at+~ NPI, the Owner, Contractor and City, in consideration of their mutual?~~~ r` promises and covenants contained herein, agree as follows: L. Covenants of Contractor. Contractor agrees as follows: ~ " v a E kr ,r t S.; "N L'4' (r (a) 1pecifications. To construct and install the Improve- (s J mante in accordance with the procedures, specifications and {c' t tis PACE 2 ` v1 rlt`~ 'u~~ ~ 's l ^a , r ,.I 1 e SEW " n. 7 - 1WIMkf~,T!TF''►NPl7}+'4~'M47A67flnwer+.rt. r p~',~1~ ~L {A ~~I t. A Yi.' T ~ -,Mt Iy~ I ~ 1 1 oplflj: r !ye t r y `y', I 1 ~ Y L L ~ 1 L A , I~ r r'~+. 11L 'C.Ita tiA~ x1 i L , 1 ,fat 4?~, y~i y , ~ { S . ! rt 4r t, L. , .(Y .l 1 r 11 f 1,{ !.{!(I 1 1 } , .I i 1 y'r r } 1 ~ . 6 ! 1 1 S r~r' ,x W r~ l K~ r I y 1 z 4 F ~(f ~ : L r, r. (rKl., y i 1~ Y I a t I Ie p .t' !r ~ ~ t{ I r L { 3 r L .f ~ r p I~~ i^ ti 1 i x ~ b rt t L AJ ~,1" ~ • i ~H i y} • 1 1 r'V~I 1~ bll q ~ ~y 1{ ~ k n t t~ rf{t a;~,Q, ~ 1 r'~ ' 1 ° N J .'r' r f , s yr: i l ( r ONU'"n "yj.r 1r IL ',r ~N~~ r !L Fx 1 ~~r+ Y + A 1 F. Y ~ / `IfI , ~ I 1 1~ 1 4 ' f 14~~~ standard contained in Division iI and III of the City's Standard IIJ, 3~ectfications for Public Works Construction North Central Taxes, ti' it s.(, A. as amended, and all addenduma thereto, and all other regulations ordinances or specifications applicable to such Im roveme ' r ` ° SFF F [ P nes, such { r, specifications n , standards, regulations and ordinances being expressly incorporated herein by reference and being mode a are ~ ~r? IS of the agreement as though written herein. (b) Authority of City Englneer' Inspections Teets and r " Orderrs. 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 ~,~(~i aft r~4 ki; ` questions which arise as to the quality and acceptability of sl°+ materials furnishedo work performed, and the interpretation of specifications. dilY ~ ~y , The Contractor shall furnish the City Engineer or his I+ ~Y't' representative with every reasonable facility for ascertaining r4~~ V,. whether or not the work f~ rtti performed was in accordance with _the err specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered p tX l n', ` u "Al removed and replaced at Contractor's expense, ~ Upon failLre of the Contractor to allow for inspection, 9 r + to test materials furnished r' rib ; r , to satisfactorily repair, remove ur S replace, if to directed, ViP p ~ rejected, u,iauthorized or condemned work } A or materials, or to follow any ocher request or order of the Clty ,n PACE 3+~ 5 1. r f, ,r I ~ ,n r, ' I~+~i'4'L ` n tf r J" 4{`{ I 41 'v ,t 4 ,f S. [a ~~~~1{~yr~~~, 'fir y''r 6~ ~ a+~' 1 ,'f , °tr +v "'r ?n~ u~ p+k ~~A A" w S S S ti ~ ~y •y~i "S' ,krrM~ ~ .i. i l r JK 4 Lf.; i '~T d f^ V l 1~a 'fir, ryt,e ~a i; t i 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 a.,wT „x r? to the satisfaction of the City Engineer, the City shall. have no r k obligation under this a greement to approve or accept theF Improvements. k r rMZk;"n'M (c) Insurance. To provide for insurance in accordance with ` the insurance requirements applicable to contractors as provided 9~,"~~ a It" a, for in Item 1.26 of Division I of the Standard Specifications for Public Works Construction [forth Central Texss, as amerded, the provisions of which are expressly incorporated herein by ~`1 t' kt ! reference; provided, however for purpose of this provision only, 4•~;~,; 1<; "Owner," as used therein, shall mean the City of Dentoci.~zt~ +f + (d) Means and Methods of Construction, That the means and t, ± methods of construction shall be such as Contractor may choose; ,4 1,± 1 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, L F 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: r •J A x (a) Performance Bond, Escrow A reement. That if building Li permits are to be issued for the developgent ~y y w[ Prior to completion Yx PAGE 4 ~4 A_ - 'ti^+4'llHlp~wvrf`~~AA1.iMiRr~ ' CZr 1 a rgfr~ to 1 , "e" F It I iwT 1Ve$ I III I - Y s 1 .rb . ^ ..y eJ~~'Ai qFf r dr~l 1 'a S ~r Jrry~ I "`had`.. 9di of b9is0tbsb ad of etia iadi ain9m9vo7gm7 1!s 30 90nsigs0:Is bna ~ X J r 1 \ 4 ' ••Y 9.1i neriJ asst ion inuoma no n2 bntd sonam7037eq a (1) r l as eingmsvoigmI edi 9i91gmoa of X'xsees09n snuoms 9e llarla ,7s9n2gn3 t(il3 sdi qd b9r«tm79ieb • rl;~' lundila3 bna I10 sdi gnlesine7aug bsiilmdue t"! sdi gnlissm ainsm9vo7gml 9di 3o nolislgmo0 1 ' 30 7ovs3 n2 9d Ilade ,X113 adi 30 2002ia0Nlas a c}w'f ? bsvo7gga as Xd b9iu0sxs ad llada bns ,4120 edi • ' c ,Ify 1`1 par «»4:° iq? sdi n2 t29nlaud ob o: b9sl-n lua ynagmo9 X39-JUS a 70 ;asxsT 30 aisi2 r e r~„ r " i1 n'YN~ 961 is einsmgvo7gml edi gn2istgmo2 3o iao0 edi 11 (11) x'k r. 1, no n2 of bs2esupo7 97s Wmreq 88nlbttud sm2i sdi yd bsnl=sisb an meal 7o 000,Cet 3o inuoms y' Ximaas9sn inuoms edi A x9nom daso ,•.rssn2g03 XJ13 sdi Xd b9nlm79i9b as ,ain9m9voigmI odi 9i9lg209 of as Tined a dilw bsi2aogob 9d Yem ,'issnlgn3 1(110 in9m9sIga w070e9 as of insumig , insgs w07oas + ,if iu0d21W ein9ms~n7gmI 9d0 Io no2i9lgmo0 galluan2 ~F r{Mr V y 4 ¢ ,~ti. r r•; ~ llada anoi insmss7ga woloes arIiit3 sdi .no2ig95x9 q iarfT .in9m(aq 3o sons7ueaA ibnog in9my of 7ot7 69 (d) ~ r L ,~.,,t/~ , f Y 4'1 :ain9m9v07gm1 adi In ninsig9ios „RtT !oa 'inuoms ns n1 'bsriatn71r3 ad Illw bnod inor(zq b (1) sr.i 3o (1001) inso79q S375nud sno nsdi assl 9di 30 3800 iaa7inoo 9di 10 i30s lsioi 9iam2x07ggs a 1 r,tr 79go7q bnro Ilu3 sdi gnl9oine7aug e'insm9vo7gm1 bna 7046! bfil' gqua ainsmlelo Ila 30 nolio:0307q ain9msvoigm1 edi 3o noti2u7ienoo 9di 7e3 fa379ism Y, •'r 9d Iiada bna 4-(123 9di 3o 7oval n1 ad 116112 a}t, 69S17odiuR (nagmoo yis7ue 6svo7ggs no Xd o9iuoexs ; 7o ;eax9T 3o 9iai2 sdi n2 aasntaud ob of ainsmsvolg0I Ila 30 inuOmm ios7inoo Isioi sdi 31 (11) a^ft' Jon ead bnod in9mgaq a bna 000,024 nadi ass] of 79nw0 ,svods (1) di2w sonaL7ooos n2 b9iilmdus need ' 4:a bns bna 1641 ssina7aug bns 99786 Yoi0a7ino3 bnatr noliaug7o0 70 m711 ,noa79q *<no Oi sub eideb Its Ifs'.' sdi n2 diod 70 19179ibm 7odal bsdeln7u3 gnlvsd r<, vIlu3 9d llada ain9m9vo-igmI 9.11 3o nolloviiami x, ,u 90.1 to sonar some 97oled bsllslise bna t•2aq s ,alp I, r: x ~ • r~tti t ° '~F~~ hMrvF,.w.~,rw.w.w..n+-- rr~+w~.nnu+n' 11~'mfu~npi7p!K1/wfAIRtYO~ra~ ~ Y ra ~ l j~r'X « Era x,'G.~1~`} .Ij , n,t ri i ~Y r ~,ll Mli'i~', 'if~•. '11 li n / / .a Iran y •y.u. "'~~\i F° L J. c. ` i 4 I kT^ I i' " 14 t } ~ } I Y' ~ , n . i, ~J r C ~ /r e. IY,I , f 1~ i t , r Jt. / rl~41} i~~ ,`TJr I 1 Y 11 Il L L 51 I r a .,y t~ L 1 F r 5 ~`{f t ~y yy^ Yr d.: . x r ~ .f~ I ~ a Yf~^, 4 t~'{ ,r.y. 1 W! A 7 }Ur L, fk r , k lq,l xr`yl~~e i raft r ~.v Improvements by the City and that, prior to acceptance + Z;^ of the Improvements, the Uwner and Contractor shall furnish a written affadavit, in a Corm providau oy tije * City Enginger,, stating that all oias, charges, accounts t"R or claims for labor performed and material furnished in connection vith the construction of the Improvements ",1~~r,' t ` ' nave been ~,Ad in full and that there are no unreleasea x recorded liens filed against the Improvrments, or land y ,,y t to which they are affixed, that are to be dedicated to t 'ti4~S 4 + public. That, upon the request of th City Engineer, Uwner or contractor shall furnish a complete list of all ~`~"J{ subcontractors who performed labor on, or supplied"} material for, the construction of the Improvements, r wt ' , and, when requested, a written statement from any or 'I PV ` each of such subcontractors or suppliers that they have, k been paid in full. " y5~`it .1,t { (a) Ritainagei Final Payments" (This provision (c) applies ,kb only where the Uwner and Contractor are not the same party,) That r L{ i Y i:+ as security for the faithful completion of the Improvement.4, contractor and rrner agree that the Owner bIYa11 retain tan ?ercent of the total dollar amount of the contract price until after final , r approval or ac:eptance of the improvements by the City. 1'he Uwner t w FVS`L shall thereafter pay the Contractor the ratainage, only after )~u' 1 14 lid°L;IY r contractor has furnished to the Owner satisfactory evidence that#~tt' .i r s! all indebtedness connected with the work and all sums of money due a~ r~ for labor, materials, eyx~g Y pparatus, fixtures or machinery furnished ; H , {wYpl tot and used in the performance of the work have been paid orris F ''t1l~ otnerwlse satisfied. YyA I+ ~w a 4 " F y LF' (d) El3CUmbranCYtax That upon completion and approval or 4., t x~ ~ ~y 1 s ~]J acceptance of the Improvements of the City, one improvements shall J It J4 r "~',Y 1': 1 4 1 ,1 yd1 t ~ r r Y. YRr#t ~1 1 1 ~ Y ~ a i 31 Y < , ~t 1~ t ~ ('ty YaYrVIILL TuYL,~rre,w~rr.. ""w.=rL+r+e~ey.+aL ergwRP+~O~ynvt~[Iyllwyp~;LF~'W~"b~PLWi.rl AM nya,ranxr..r'r• l f'Y~ y~~ a L + nFLjflL ~ I r x 7t1 `>,~F ' rk r ?a 1 y I I .I r r 1 r. ,11 V J, I~.4fpp1 .~4 rr~ l I~~ tfL~ Y ~y 'J 1f~A 444 r 1 ~y ~ d I I 1 ~ I Ynd t~ Y /5 0R ' - ~Yrl~xrM 1 1 ' 7 OneCdtlOng +i of the contractor, his r" agents, employees or dub- rfg". A contractorsr or on account Jf any negligent act or s r r~ fault of the «M~r Contractor, his agents, employees or subcontractors in ' const gig' V~V of the Improvements; and shall ruction any Judgment, with coxes, which " may be obtained against the Cit i~ dams e. Y growing out of such Injury or tgf llgree;nent Controllln fkrl i g That the provisions of this agreement shall control over an Y conflictin g provisions of any'" K Y r" contract between the Owner dhd Contractor as to the construction of the Improvements, ~y I r~ ~ 4~ M1 3. 2cEy2aAr ;,wner further a V 1, yrees that Owner will not ' allow Y1 any purcnasers, lessee or uther r person to occupy any oulldiny""" r within the development until all Improvements are completed and r~ accented oy the City, and that upon violation thereof will va t ;AN City $3,000"UU as liquidated damages, but such y she 4 i ,r erg w,,•a ;l payment shall not ~k ~~y oe dedmed approval of such occupancy and the City nay take what-- ever action necessllrY dp«; w r 1. to restrain ,F ?e buch occupancy, covenants of Clt . That , upon proper completion of the improvements in accordance with this agreement' the C f y:, ik3 u r ter''.' accept the Improvements, City agrees to + t 1. 5. Venue and Governin Law, 1 vS' " The parties herein agree that this contract shall be enforceaole in Dr,nton Count c~', ,rYr Y, Texas, and if legal action is necessary In conneetiorr therewith tfy , exclusive venue ~4r Y V«i t: ~ 1 I •1 r ft ,Y~Q ) ~i~ J siyr r ii ritrt. i PACE 8 t~1q~ ~~'y 'k Y-K s a S + ff k ; . r ' ~ ~ °"1n~"'''t,Rw~,F{S.~'X914''GilY74Y.WMpieANZq,arii'iMR1A.l~om. e.".»' i'' k f f t,• r r rr a M.K fr h~'y 1 ~ yes ' y , r r r, ,r f t6 , 5 r ,ky p e 1, tx,S S, ~ Q-0 • 1," become the 'property of the City free and clear of all liens ( 9 '"i~ S5• f Y ' tii y claims, charges or encumbrances of an / y kind, If, after acceptance of the Improvements an ` s r any claim, lien, charge Or encumbrance is , , :Y mane, or found or land All, 7 to exist, against the improvements, !z +til• ° dedicated to the City, to which they azc a fixed, the Owner and 1 } ~$V Contractor shall upon notice by the cif Y promptly cause such Ti' E ~ J claim# lienr charge or encumbrance to be satisfied and released or q"W Y V't rihU „T promptly ~`r post a aorta with the City in the amount of such claims ryJ lien, charge or encumbrance in r " r favor of the CltYr to insure payment of such claim 37i v; , lien, charge or encumbrance, lF (e) M_Irtt,endnbond. Th4t prtUr tU JpprUVJI ur s of the Improve,nents b Y the City, to furnish a maintenance bond in ii"k t r ~ f 11 form and substance acceptable to the City, in the amount of ten h * ) WWW222 ~ ~ v 1 t 1 5( :~J,; r percent (lU%) of the contract amount of the Improvements, insuring 6, the repair and replacement of all detects due to faulty material aid workmanship that appear within one r"~}~ - year from the date of acceptance, The bond shall be in favor of ens City and shall be } executed oy an approved surety coapany authorized to do business Y{ 7~ ~~s t J ! '.A in the State of Texas, r (t) Indemnification, To tndemnifdetend anU RNl save harmless the city, itl ofttcers, agents and employees from dls , etit , r t s "It . , ~1 au; actions or claims of any character, name and descriutwn brought for or on account of an y in)uriea or axma es g received as a Kl ) sustained by an yn a~ y person, persona or property on account ct the t;'J ' r, ( PAGE 7~c t, r s . ' 1 i M•~nw,Y! Vrw.+,~,~MtNArn.-n ~.i.+:vr.• ' 17tyl l•.1 i'ce` +.w,.Ri, uipyt ~ 4i V +~F'NYC,~'C'~pGXEh`?4T::!':7.Wf+lgrr•, r . 1 , v , ~ 3t i ty •"f 1 Mj}~ ~ s, yryy { t, t~i !ui q 1,°ii 1 ( 1 1 ~ $11 1 l Y wl !r yy 1 { F~ , V r . If, k ' Y q5 Y~,, , , shall lie in Denton County, Texas, The terms and provisions of ai 4~ ,s ai this contact shall be construed in accorcance with the law'd ana c arr ,~A.,•, court decisions of the State of Texas, fin, r r r{+r~ 6, Successor and Aeslyns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective ~M1~'µ G'+Y d 1 r r r v successors and assigns. / r e i( ,fit Executes in triplicate this, .?Y day of ~Cett✓yi/ , lge,~ # ` t OWNER CONTRACTOR ¢i Denton Inds endent School District Jegoe Public N r; 1 BYi gY. tN~1't~ r CITY OF'DENTON# Tgns$ s ~irly~;{,r~:'~l j , ATTEST: 1 t r C I LO ALLEN, CITY Mkffif C OFD NTON, TKS~ Sat l ' APPROVED AS TO LEGAL FORMS i1 DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY g` CITY OF DENTON$ TEXAS 1iw^- .01 BYI t~> 1 ~ 9. ` PAGE 9 & 1 i • i , r • l a i ~Yi~ i lly yy ~ 'A . t' SY F} 3 xyY 4 µ 4 R{ iSFk~` aljF}' d 4e ,~•„t t~ Ft 1, L, np .i D,~,1w5. Fy4.%k+~l'~~ a~ At A:r p,~ ~1lSt 4y„ r~ : xr 1¢~+~ dhia ` 5 r. rk ti i + i 1 G`' ! J ]f 1~i f 1 ~y ~ Sri t 1 i . 1 .ti 7•~~ ~y1 1~ 1 PROJECT No. 6 t _ CONTRACT NO. + r ~ l(!, ~ir}'J A' II EXHIBIT A r 14 OWNERS Denton Independent School District q r! >j CONTRACTORS Jagoe Public ' 9xt yp r new school on Hickory Creek Road IMPROVEMENTS LOCATED AT " yq AS DESCRIBED BELONiti p 1 y , fir l ~ • ~~rr~J 7♦~, ul y~ ~ fth Hickory Craak?Rood .and Hoatecito i uv 1 1~~. Construction Quantities 41 PAVING QUANTITIES atir✓ 1 * 1. Asphalt removal 0 aziating pavements 2963 S.Y.@ S s S va 2. Ritcavationt "-f1-- + 6819 C.Y.@ S $ 4~. 3, 64 (t ` is ' lime stabilised mubgradet ~8--) 7911 S, Y.@ i s~'PZ kf 7 1 4. 6" asphalt parem•ott $o'G9 6377 S.Y.@ $ S r ~.f Z2L• ZS a 5. Standard 'curb es gutter,t 2236 L,P.@ $ S(f, •OC rat i'a ir1Ma 6. 3* thick asphalt edge patcht 43 S.Y 7.. _40 . standard side'valkt 1219.5 L.P.@ . y* Vii,' ;iy ^ 9,1 49' OF-84 barricaEst 9,•••Staadard 21 driveway approach : 1 ea. @ g o+ t 19. Steadard'24' S ' oo iY't ~A~ driveway ~aPproachl:. 2 f!e• p _i8cy0,0 Ill...Rock excavations ~ C pO +4 12. Miscellaneous (Specify)t, 0~ S .Y.@` ' " 4A /07 92 S. 65 Fn `Ef i` !r ~JI yA f «.e..nw.,w.eyl.era,~l•~rw.~rc~'+•ww.+w..w.a..wm.ansai~'~+p~,~(~WM4t+•'~aAw#nYa:WUwn~w. gr.~avua~wr~r^,• ~ i~ ~ ; t 4{.4 . r + 4 ~ N. L } I t+ v~a, r r~ f I 4 AF :,4l + ' v 1. : ~k i v A+ r iAMU v(I , 1 d' f • r IS SUE GATE IMM~DD'YVI ^ y ~s=ot -42 ffgq A AMA AO0vm L "o TNIE CEATWATE IS ISSUED AS A MATTER Of NFORMATION ONLY AND CONFEAi 1 1 I + CORAOON & BLACR/ELLIS GROTTY ]?OWE S NDAWNTE UPON THE CERT flOATE XOLDEq THIS CERTIFICATE DOES NOT AM ENU, EXTEND OR ALTER THE COY£rtAGE AFFORDED EY THE POLICIES DELOW. t~ 1 8300 Douglas Suite 700 1, Dallas, Texas 75225 COMPANIES AFFORDING COVERAGE .I, - ETTEA MPANEtTE NORTH RIVER INSURANCE COMPANY {f O LCO CAi LETTER B TERNATIONAL INSURANCE COMPANY irk +r. IN--- o JAGOE-PUBLIC COMPANY COMPANY LETTER C UNITED STATES FIRE INSURANCE COta? - + P. O. Box 250 ED S - ' , ~ Denton, Texas 76201 LETTER COMPANY D , L _ - ^ COMPANY E 14 p y:iS.Ly u L4I'1 A^l,j?i{ r, r 1~: HI! IS T) C£R 1f,, THAT POLICI[f OP WSVRANCE Lw'e0 f[LOW NAY[ eE[N ISSUED EC 11 $ TW fr 1A1 L' ; ANY REQUIREMENT TERE1011 CONDITION OFAIIYOONTR4Cr oA 11 nGiFAT,,EI RE$ PSCt~I1R1I411CL V,r riJDI11DlC• ` l;-~.r I"LAED CA L' t Y i•[RTAM, THE INAI~ANC[ AFFORDED CY TI/E Pot IC,c! JE;L,iI df, I I1 ^ L'Y fll CAL 1Ct~ ONS CF SUCH CICj, ,Lc 11C AIL rut s F.' d fr ti r - Vlr ` TrPE C• •LUNCE r S^^1 A ri FI ' 14{ rNLA:d , Iti r.. g rr !.n.. I;' 51~~ i }'e VI+, 5 S ti 5 I FXPl05'01i 1 m LAPS! la,.w l.a ~f~~w i 010 A N`d~CTStO•=.['EDDPEAAhpN3 540 840825 Ix III 1i£'f ry'- X a sar TPACruAI _ -1-86 10-1-87 Flr A I e ~ y+ Ar,a , r NOEFFNOtNi C.'.(+VCtOR9 10 ' t 500 BOO ,f' po ' r , AIAlAO FORK PPti I TY CINJO( f u 4~° + < PEASOUC C,, i51~~ 11 lx -r I 1.. 1 1 ` ~'•Y~ ~rr+ f~A.i MToA deFE a'L~a >,~3: $ Soa, ulr WrD , , I 1 , OWNED ~S r+4Tw l1,M W10SM~DE,~PA~NJy r;a U,_:~ + iS ,1:~-. i i r B ALL mm AL'rOs( FASf.~ 5 'Aii rr AAA, we Airrm o. rum 540 8586315 9 4I r~ wofoWTEEQADTOS 10-1-86 10-1-87 =A rv . ~ wvawxm ~ Ds e C EAtgf uAfE:m I ~eroiN,10 S ~ ~>:,..j r,„ k" r:,~`• <'Ak'':` EPdIEl4ARDRU 4 x+ 1 ' OrN(RENAYUIdsIWLUi0g1 SZ3 4185053 10-1-86 10-1-97 !aA`"'^t' OODe WORNtR1' COMPENSATION A: 31F000, I. ' tt.r I;~l', I ANO » - 408 45 13 82 30 186 In-i-87 ~500 ~~CS 4 Ali I r [MPLOY[ N5'tfAfILITY r A I, 100 Jobs Construction) rf' ~rNER of street paving and drainage for S r ` Monticeto Street and Hickory Creek Road r ~Jr1 .i. ldir RlPigN aF OPE~ATIONShOCAT10NS+KNICLFS'WECIn, IC~Ig. ' ya All operations in Texas 1 ! L'r 5 V rP - owned, non-owned or hired, Denton Indemendent School Distri SHOULD ANY OF h+E Aur r. U£vCNIUlD POlK1/t 1. c C G,., -Ep' rRt~ 1 k4 I f J4. PIF,ATION DATE Iht ALCF THE ISSUING COdAn r + 4 Denton, Texas MAIL 1 f1 vwr4 ,,Nln Ea r L ncE TO nl[ talTV Lr A` LEFT, EUT TAI r,. h. !En r; , 1 - _F Arty VIII 0,I'l ur],+OrI'E H llLro~y I' r M . C,'. t AIfT11pC11U II ,V. I' A. 1 I, DH It It'd'1K ORROON 6 BL1CR/ELI, S•CROTTy'•POr7ERS' !~ya,, k ` r t Its Ir t ~~~+~~?.*la,- 5#nklb •I- ,~i+9 `'{r. v~~l {'ilvy 7. }~~.r~, ~,Ss R ` f „M"'. d q , w r, f THE AMERICAN INSTITUTE OF ARCHITECTS S'x F Y, M f r b d . n l~" v Alrl Document A311 I it Performance Bond 1 t tiff t - 'l~ p . • 4 a 4 i X"1 frl 1 1 fir .1., KNOW ALL MEN BY THESE PRESENTS, that t~ Jagoe-public Company (Nne wnwn fen mme{M addlm at legal lilk✓ coirar4A 1c' Y\ P.D. Box 250 r. , ri tati~~: ~pc+ Denton, Texas 76201,x d15'r as Principal, hereinater ailed Contractor, and, r V "t ?rr`' ' than lawn Awl U" end add" N kAat tlda rrl beryl Y Seaboard surety company ' as Surety, hereinafter called Surety, are held and firmly bound unto s Denton Independent School District INen wwn full Marne e.d bili N legal ud dOei,*n as Obligee, hereinafter called Owner, in the amount of One Hundred Seven Thousand!{ 'hM Nine Hundred Twenty Five and 65/100 • - I. . Dollars lS 107,925.65 , se tyNi.9 ,`k~ , a for the payment whereof Contactor and Surety bind themselves, their hero, executors, administrators, successor sad assigns, jointly and severally, fairly by these presents, ° ^ 5 4• 4 WHEREAS, ~~d (1 t ; ~1 l( . l Z ~ iy1: • Contractor has by written agreement datedfiscawl mi; 19/1, striated Into a contract with Owner for rs ,Construction of street paving and drainage for Monticeto Street and Hickory Creek Road 1w4,', 45' z I, In accordance with Drawings and Specifications prepared by 3 ? 1 7 • _ 114re lain 1.31 mpie eM edii i N dial dale of AMw tote .h It 1 t` r 1 which contract Is by reference made a part hereof, and Is hereinafter referred to as the Contact 0-,rit ' it' r 1,+` AT DOCUM[NT A111 • I[RlORMANCL so R AND lAIOA ANO MM1RIAl MYMINT IOND AtA A y{>xY `r 4 111IUMY 1170 ID,•TNt AM(A1CANINS71TU7[Or ANCN111 CIS,171%N.Y. AVtr, N. W. W'ASN lN670N,D . C. 7DD06 1 10 ry7 41. i 11+1 i l ' ,Vtlil v~~7'it fi ~I l , " r oriiii a-- 1 4 r f~ r :CSC 1 3- .Y . Ai s fl .f t ' .atr' 4 - S f ~w'' k~ a . r r - ~ ~t, t 1: r, t 7s L ~ ~ tiv o- +ie 4a1 Y 's n S 9~^ Lr '-A ' t ♦ ~ p s.y i~~ , 4t ~ ~ ~ Sr ' ~ , 7 ..av+~?:11kt, ~ 7 * gars Via, ti7 F a t t F. t , vs f\ )r ti,I h7 rr i NOW, THLIEFOat; TNe CUNV ON OF THIS 0111,101104 is such that, if Coni•actor shall promptly' and fa thfully perform Jti 3. L_ ti , s said Contract, then this obligation sMll be null and io,d; otherwise it shall remain in full force and effect y ,i gl • tjr Y~:y The Surety hereby waives notice of any alteration or defauhl under the contract or contracts of completion ssy tatenston of time trade by the Owner, arranged under this pa'apphl sufficient funds to pay the XRM L cost of completion less toe balance of the contract price; c, Whenever Contractor shall be, and declared by Owner but not exceeding, including other coils and damages Sri l ' f ^ to be in default under the Conuacl, the Owner having for which the Surety may be liable hereunder, the amount S ; yA t performed Owntes obligations thereunder, the Surety-*.- set lorth in the lint paragraph hereof. The term 'balance t k> F l t may promptly remedy the default, or shall promptly of the tonvact price," as used in this paragraph, shall 1D A 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor ti} s4,~ 1 and conditions, or under the Contract and any amendments thereto, lest e:e. S t x3fr the amount properly paid by Owner to Contractor, 21 Obtain a bid or bids for completing the Contract in a, accordance with its terms and conditions, and upon de• Amy twit under this bond muss be Instituted before 4 fly I+! termination by Surety of the lowest responsible bidder, the expiration of Iwo (21 years from the date on whichy r r I of, if the Owner elerts, upon determination by the final payment under the Contract falls due.;` Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for k ' bidder, arrange lot a contract Wotan such bidder and the use of any person or corporation other than the }y~ ~F I Owner, and make available as work progresses (even Owner named herein or the heirs, eeecuton, odninis• j}4 sy though there should be a default or a succession of Valois or successors or the Owner, kt~ , 1 Y \aaty~ f, II ~4 A t~ ' '~jyt a U r a ay - ,~t~'et t~ L, t : ~'t ti15 3 ~ w r' Signed and sealed this o? day of fC"6l✓qty/ 19 8 I y 1 • t T Ja oe•Public Company 6~at~~xx t e, , irr fgl~rr Mau s fWnnt•e'1 ~ ~ r ~t~l, v r~" ; "o 0 a`1t 4'y E ~ ~i' ~ l ~n''' .1~tat.. r CORR06Y P' fr"r,,ItUOTY FOWERS Seaboard Surety Company ens'{ e= 8104 Ct f I E. 51JITE 740 }uA'IIJ stem k c La • I,~, , cl3 75225 Jt L)Uyjl I'M 06 1-o )P0 I )f V sr Rosemary Weaver Attorney-lit-Fact <I14 pr' AIA DOCUMLNf A311 • I'MOKMANCI MINU AND "V4 AND MAIISIAL FAIAILNt SUNn • AIA R a IIre U ASV I'M V). - Me AMUxAN INS I ftlI OF ARCi III I CLI, I))S Krr, AVt, N W., WASH iNL1 ON, F), C. :oft 2 I ~L v r a' K~~q,i, fr 1', 1 i1ofM!Alaware+crurl......-_ : r 7, I LI Y Itf r t ?~l 1st'; a r ' L f , Ail .~y r r , r i +l Vy1 0.~ ~T [ 1- . f t kA L g yl n Lir 1 p.~ c "x ;+Ily d ''YQ"',L bt . , g °"r v p3 r~elr'i wF"ri "da 4 Vi" ull all d r Id ltl; , THE AMERICAN INSTITUTE OF ARCHITECTS Zvi ~ti 3,f f~{ P ~ 9lLrY ~ w "r t x ~ t. y, s tL;r `yx AIA Document A311 Labor and Material Payment Bond 4'~ !qtr; THIS BOND IS ISSUED SlMUITANtOUSIr WITH P1RfO1NAN1i ION'D IN IAV01 Of THE r: OWNER CON'DI?*N10 ON THE SUIT AND IAITH?UI PIRFOt MANU Of THE Cl ~i.t~ + e r 4 i a a- KNOW All MEN' BY THESE PRESENTS: than ~ IHr', inwn wIt Nnt, coal .dd.w at lord I,14 H e,mrrtb') Jagoe-Public Company y1~^jrirC P.O. Box 250 Denton, Texas 76201 g~tr„ L•~ as PrimNp•,I, hereinafter called Principal, and, d y+t 1 , Rln, Mun F.n At" $Ad 0drrn a I6NI Gal, N s"611 '4~1~'n'♦ t' •y~" , Seaboard Surety Company Ark.r , P r r2r `:.PV,~ r ~V~1 as Surety, hereinafter called Surety, are held and firmly bound untM„ rtunl.Iln,,r,rtdadd,.,I.r MEd I,n,of O. ,n q t ~1' k Denton Independent School District As oVilee, hereinafter called Owner, for the use and benellt of claimants as herelnbelow defined, in the ,a c Jr One Hundred Seven Thousand Nine Hundred Twenty Five and 65/100 F pr t amount of 207,425.65.rl ifr IN,r/ Irotn 1 tae ,Dud ten 4tH ,n,.fulf of tln Harlow o,40 bOlla t{ IS for the payment whereof Principal and Surety bind themselves, their heirs, execurors, Administrators, t 5 successOn And assigns, jointly and severally, firmly by these preunts. ~f WHEREAS, r Principal has by written agreement dated fflttc+r<r .a~1917r entered Into a contract with Owner for k; r r Construction of street paving and draiangel for Monticeto Street and Hickory Creek Road nAA'~ Yk rsN In accordance with Drawings and Specifications prepared by tr i l r IHV, mwn 1.11 04 MI ,M,ddnN it total If 114 car AkAltrrE I a',1 yy,~ , y, p1°l~ 1' v + which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. r r , k yix4rit tf L'y AIA DOCUMINT AM . PIVORrHANG BOND AND LAIOt AND MATIRIA1 PAYMENT BOND t AIA BE 11110RY 1010 to. THE AMERICAN INSTITUTE Of ARCHITECTS, °S)S Ill V. Alit., N. K', WASHINCtON, 0.C. POOa 1~Ar` f}' V, j t, rt x e d,.,1 r l _ , 1 t al k ~ir ntw w....- -..,-,--.....,,.e...wsnygtMM:qyR'S~yK'71►5i1Ai61N1~1R71ARaMitf~Maw~n.w...+~--' I ~}f11f~ ~$S 14•?~r a~1 ,y I _ " t u.,t ty v ~hrtnE _ 1- n S fr'~I fl 1 A GI"S }TIF'Iali rh'~ 1 w f • t `kJ:~ v r 1 4 , P I v t F' r r. s v • " w kw=' 4 ll' L~, r ~ r r~~ xs, Y M ~ . 1 W a ~ ~ ti,L `S+ 1 ' s~ rq . q r !GJ ~ 1 ' A ~ .A r frY " V yk~ ~ i r~lSy r 45. Px" I ~k,,at , ~ C r r r `f rv~". t lit ADw, THIRIr0t1, Tnl CO'IDITION Or THIS 010CA110% is such that, if Print pal {hall p;omplly make payment to all 3*rq cIa moms As hereinafter defined, for all labor and material used or,easorabi re u led for ur pe 1' q e in the rformance of the °a c„ F Conuacl, then this obligation shag be void; otherhite it state remaln in full fo 10w'InR COndiliOn{; rce and effect, subject, however, to the tot. 1. A ctalmanl is defined as one having a direct con. accuracy the amount claimed end the name of the pare 7 rt pact with the Principal or w;th a Subcontractor of the to whom the materials were furnished, or for whom Principal for tabor, material, or both, use: or reasonably the work or labor was done or performed, Such notice R t { required for use in I},e performance of the Contrac.' t •V tr $had be Ser"d by mailing ma os,ole the time by registered mail tabor and mner;al being construed to include than part of or certified ed mail, , postage prsDaid, to an envelope ad. ssoler, gal, power, light, heat, cit, gasoline, telephone dressed Inv the Principal, Owner or Surety, at any place y0 1ra' r ' a. service or rental of equipment directly applicable to the ahem an office is regularly maintained for the trans. + 4i,"~3 contract, letters of business, or served in any manner in which ?y legal process may be served in the state in which the The above named Principal and Surety hereby aforesaid project is located, save that such service need''1 Jointly And severally agree wipS t',e Owntf that every not be made bit a public officer, w ~adr^; claimant Is heroin deflnev -ho has 001 been paid in bl After the expiration of one Z1! lieu followin the r s , t ; f full before the espiralion of a period of ninety 1901 date on which Principal ceased Work on said Co ntract, a <"tt 1 } days after the dale on which the last of such cgimam's it being understood, however, that if An limitation em- r, fum4shedlbl, abor sueh cdone im, laimantD mar materials e bod ed in this bond is prohibited by any law controlt rig q may sue on this bond for the construction hereof Such I mitauon shaft be deemed ,fir rr p , r the uu of such claimant, prolecutt lht suit to final to be amended so it to oe equpt to the minimum period rs rev `I' sa!, Judgment for such sum or sums as may be ustl due 3 n J Y of limitation permitted by such law, 1 i r claimant, and have ueC060A thereon. The Owner sh, r ri+.v rSf t not be liable for the pyrtvent of any costs or expenses cl Other than in a SlAte court of compelenl Jurisd,clion biker " of my sufh suit in and for the county or other political subdivision of d M r3" r the State In which the Project, of any part thereof, Is ` 7. No suit or action shall a commenced hereunder siluated, of in the United Stares District Court for the 11 ° r"fit, by any claimant: district in which the Project, or any pan th4,eol, 3S sit. ti r4 ' stated. and not elsewhere. }h a; Unless claimant, other than one having a direct f t, t contract with the Principat, shatl have given written 4. The arrsounr of this bond Shall be reduced by and notice to any two of the (oitowin she P nciDd, the to the extent of anSr Y y pa>menl or payments made in good' n P OAnef, or the Surety above named, within ninety 1901 faith hereur tr, Inclusive of the payment by Surety of , days after such claimant did or performed the last of mechanics' Mena which may be filed of record against ' r the work of labor, or furnished the last of the materials said improstment" whether or rent ttaim for the amount' rr for which said claim Is made, stating with subuangai of such lien be presented undo and against this bond. y~,, r i s;r y~"~x,r riss Signed and stated this .21 day of ~F61 19 07 r r, + 1 +•LL` ' `'`rig ,,1 } Ja oe-Pub11c Coin a ~+tl t J 1 Ire e,pall Isra' a ,'r" t`.~~' " y ° n .lne a 14, 1, o y{. r•. x 4rt, ~i t~ r CORRbbn S 6f H/Ft l j; CEOTTY M1,111 RS d100 1JUat;a& ~1'c. StME 700 Seaboard Surety Company unttnS, Tr W,s 75t25 rrl 1214} 067.2400 rSurrry! ootr >t+rr~~'; ,`k~i4# rw'Ilnrwl ~ x ~4^~ vt Rosemary Weaver rtrrl''r Attorney- ln- race k~ o~'^y AIA OtXV MI VS Atli I I1000MANCt IONb AND Vibe M1ND xIM111 It rAYMI ♦t AbYD • AtA 6 V fURVM1Ny 74111 fib, I trlf M1MIIII',AN INSh}W I OI AA(Mr11C1/, 1711, ANL, 4 W, w'AS4INf,104, D. C AW% 1~g , t ~ A y ~ e .1,1 , ( ,fir w. r ~~~~L'M\L~IiTt/r~1,IY.+.-• 1 are 1 ~i'yfr,r ~trT !I 'tl ~`?I ~x rr art ,~1 kAr ~vA r' I 1 I ' v It a ~vflf:. •J ~1 i r' t t ° 1r 7ryy~YI t ; ~+.1 , . ti 1 r t+ ~1k~t1~s ry~ r v l A~ ti<-I~3.~'nl ~y§. fig' t ~~y s 1~ ~ ~r~ 6~ ",~j4 ~'d L+~ r ~y • wi ~ t~ ~l, ~0. 4r` a ti'S~ 7 l r r , rr 5 w ~ tf r, / A 'x~~lf ai ~ ~ ` Y^.: L DUAL COL IGEE RIDER }SLJ '1 .4 f ~~15 yt~' far , ~ 9 4 i ltyrlly ' " ` TO BE ATTACHED TO A10 FOAM A PART OF Payment Bond ' No. 1(, 4 , issued y ee oard SSu`reiy Compan a_YoFT corporation, as surety, on the day o _ A D. 19 on behalf of JaEgeq Public Company as PRncipal in #avor M~ di .g of De ntoR_3n~ependent School District as Obligee. , 1lhereas, upon the written request of the Principal and Obligee the attached bond (s) is (are) hereby amemded to add C~ity of Oenton. Texas u'ydt~. a as an additional obligee. .is` '111 Y, Provided, However, that notwithstanding anything contained herein to the contrary, there shall be no liability on the part of them, y+~ ; Principal of Surety under this bond to the Obligees, or either of them, ~I~Y;KMt,h unless the Obligees, or either of them, shall make payments to the+ l + Principal, or to the Suret;r in case it arranges for completion of the sv Contract upon default of the Principal, strictly in accordance with 1 4r ~Rr the terms of said Contract as to payments. r .ri '"fir rfin. IT IS UNDERSTOOD AND AGREED that nothing herein contained shit be held to change, alter or vary the terms of the above described bond (s)~ except as hereinbefore set forth. SIGNED, SEALED AND DATED this -day of 1~6,Pur~CY Iw;ir r f a A.D. 19_. f Seaboard Surety Company SURETV yI 1 ` Rosemary Bever ttorney• n- act ACCEPTED: Ja oe•Public Company k txs Pr nc pa y, 1'' 1 q„ Ob gee VIN By: et'~~ 6 r r F L .d r:~ V ,1 1 i ~G41 • ~ ~ L:... . ~..°,yN~l(TiM{~T`+~~~~~Mil~#MYItMiWM. - _~T-~• ~r r i % . ' ;l i i CerGtied Casty Y 1478 SEABOARD SURETY COMPANY 4 No 1626 New York, New York POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,acorporati 1IMState ofNewYork, ties made, constituted and a ppr>;nted and by these presents does make, constitute and appoint Willard Crotty, f James N. Powersr Peter A. Rush, William G, Klingman, Orvil 13. Coburn, Jr., G.E. Easley, Rosemary Weaver of Dallas, Texas its true and lawfutAttorney-in-Fact, to make. txecuteanddepveron1%behalf Insurance potlcles,wreybonds. Undertakings and ~ other kutrumenlsof aimllarnature as follows; Without Limitations r s. Such Insurance policies, Surety bonds, undertakings and Instrument for said purposes, when duty executed by ft oforesald Attomeyln-fact chaff be binding upon the said Company 63 furry slid to the same extent as if signed by the duly arthori¢ed - officers of die Company and seated with its corporate teal; and alt the sets of said Attorney-In-Fact pursuant to she Iuftfity hereby y,ven, are hereby ratified and confirmed. This appointment Is made pursuant to the following By-f aws which were duty adopted by the Board of Directors Of the said Company on December 8th, 1927, with Amendment to and including January 15, 1982 end are at 11 in full force and effect r ARTICLE V11 SECMN 1: t`r `Paficies. bonds, raaognlaances, oapufett ins. eamenta of aunty, 4ndenwrleng underlakings end instruments ra■14 elerote. IMUranCepoliciae,loo,nde, ncagnl:MCN, uipu4moLconaents OMunty and underwnUng underbkings ottheCompany, and reteua, sonemanband orwr wrnmge MHlnq N an y way t erato or loany c!"A or lose thereunder, shall be rtgned m fha name Won Mhat of Ihs Compsny Lr • ' , ~ ~ 1 ' (al by the Chairman oltM eased, Iha ProoiQant,aVke•Pre4:denlora Raaldant Vke-Pnddenl and ay lfw Sacnt4ry. snAu4um 3acret►ry,ellealdenl Socre,ary of s Rodent Asslatant 7»cratary; or (b) by an Aticmr/dn-FM lag eve Company appoinle and 1uthorTrW by Via Chairman of the Sard, the President or a Vke-Presld4 l 10 make Ouch AloneNre', or (c) by ouch other officers as ropreaenlaliraa As fir bard may from ema to time determine The agAl or ee Company "A IF appropriate be Affixed Merolla by any wch officer, Anorney-1wraci fir raprosenunve.' r IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of 1 QCo Pnsidenb, en4 Its orporate teal to be ~,erounto affixed and duty attested by ene of It Assistant Sacreterles, pits 2~f ,nh,.... I day of M_S.~gS.l±n!?.... 19......5. 0 1!!T Attesh SEABOqA Sll ETY OOMF«4y, f w rr ( By ~ fyyssJJ DA(Q'~ Auhtant rs tecrota STATE OF Nk Vt RK a . Penitent COUNTY OF YORK On tember On'.is.. day of Se . ......e.'r ...................._....,t98._..5 __,beforeme ~ rsona8yapilesre4 r , Mi.,RA-K0. e4An a Vic~Presideri of SEABOARD SURETY MPANY, wltlt whom I am personally scqualnted who, being P.y b me dui sworn, said that he reefdes In the State of ,New..,..J.ermay...; that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing Instrument that he knows the corporate seal of ,bald Company; that the seal affixed to said instrument Is such corporate seal; that It was SoaMixed byorder of1he r~pAml1 i"toIdComps ny;andthat heklgnodhisnamethereto asvice-president of told ore r` IIkeautho*Ft-;hnr„ M ` ltab'4619 y Nat r:n.1 9t nrbmnnA CmxntY ' NefhtY ; pnnelfhad PM Na'r Yo'4C e lNeateFtl~d treaMarC} aer19 a Ieslon6*O t, 44 rutttc Gn . Gomm CERTIFICATE........ iryPuAk e „ I r, AssVint5ecnlery ofSEAe0AA0SUPETYCOMPANYdohereby cerarylhel I original Power of Are aluittrwa nHCapy.klnfull two* andoffset onthedale ofthtiCvreafeandldoFurther Certify thtltheVVice-Preelaentwhexecuted theU4POO*otof Anarnay was are of 1M Ollken Aumonagd by the bard at Dirselon to a; ooinl sip snomey-in•facl as provided In Antete Vu, SWIM L of IM eyLows of f " SEABOARD SURETY COMPANY ?his Co6licala moy G 4lpnad end 1eHsd oY faelimilf tineer And by.,L Drily of Iha funowirtq ftwoon of the EaaCldl r CamnunM of trj Board of Directors of SEAWARD SURETY COMPANY at a meeting duty Called And held on IM 25th day of kldmh fate. 1 i "RESOLVED, That the use of a printed facsimile at IM Corporals east of the Company end of the signature or An Assistant Sece, 47 an any , r cMifCar on of the Corrattnao of a Copy of an lnnrumenl eseculed by ale President or a Vice.Presldent pursuant to Article VII, Section k of ft ay-Laws appoWIN and eutho, %mo an affomeydn-fact to sign In the name and tin het of the Company "ry, bands, underwnting und"kl sits or other - insirumonts described in Mid Ar lde Vll Section t, wuh like elect Ae If such agar and Ouch u9n41ura Md boon manuals 4111900 and mar e, hereby is suthor&ad end approved.` IN WITNESS WHEREOF, l have hereunto set my hand and affixed the corporate sekl of the Company to th presents this I r dayOf...._...... term tlT Ines Y441 fundCeban olP AA.il ,Onlc ly.~rl shawl 11A1_ u~'y u, arP t 9U CA I.11 JC~I_ P F•.W:. ,Acs o ilwA P' or AnPnPy n„mh,r pLACo,v noned n,ll,dlw slar7t1r1.,I ltwr '.110 WI.,E Y PJ~P rUI isi'PnGWer 'hY r.I WI' i9 it"111. r1t L_j r f ` ~y l Jry~M1i'Y µ k i + q i A.`: k C i f 4..y~ p~l~~ ^ 7[ Fro *M1.k,y`"yi 1 J4 k *2}sa":33ii+tltlhN+Pti'l~ewM1Y'~.9~i +Ll~`i'R~t'. DUAL OBLIGEE RIDER RIDER ADDING ADDITIONAL OBLIGEE AFTER EXECUTION Of BOND t~M1r, 4'i~ TO BE AJTACFEO TO AND FORM A PART OF Performance and Payment. 1a on s No. 10-9 issue y S aboard Surety an , a New 'fo-Tr c" corporation, h Cii as urety, on t e day o 9 , on behalf of Jagoe- u c om an as Dr~ncipal to 1 YorfiAt o en on n even ent Sc oo Dlstr ct as Obligee. y tr WHEREAS, upon the written request of the Principal and Obligee the attached bond (s) 1s (are) herety amended to add , q~r City of Denton Texas as an a c1ditional obligee. i~ PROVIDED, HOWEVER, that notwithstanding anything contained herein ` to 04! contrary, there shall be no liability on the hart of the Principal th4.M1, 11 or Surety under this bond to the Obligees, or either )i them, unless the (z Obligees, for completion payments thetContractiupori or to Surety in either case rIt farranges shall he default of the Principal, strictly in accordance with terms of said Contract as to payments, and shall perform all the other obligations 4,,. (,R required to be performed under said Contract at the time and to the manner therein set forth.' Mtn 1 , IT IS UNDERSTOOD AND AGREED that nothing herein contained shall I be held to change, alter or var the terms of the above described bond (s) b+< , except as hereinbefore set fort. e' SIGNED, SEALED AND DATED this f~ day of sr, r )t 7~,.tf Seaboard Surety Company r ; Surety ht By: Rosemary Weaver Attorney-in-Fact ACCEPTED: T Y rc~tri~~~ Jagoe-Public C mpany V~11~yt (Pr in pa ~1„~!l ffr~ltl Pf?iEAS > COAF00 I t. gl x . +ty ((~L~ 8300 DUR~ 17o, `uV1E 700 CIALlA5, City enton, Texas Tui, (214) .177210; M1 5 t -(Obligee ~d S.M1 4}i~ kV T + ~ ~jrsair. , i i< .s I v 1, + "w E u 1~1 4 r ~ i i±~ x ~ ~~-~qt. ~~t'•."S i. t,.~,'G~'itr ,~n,~ iJ-'~ ~ :~'~«'rz ~ ~t~tr,. <~,drfiw k~ p+.,~ F lt, a. 9 ~ q J" Lek . " I r ~ ✓ ,t v H"t.~ 34 r I Y ~k1~y I I V f P I Y fJ~ i Y.Y i it\ 41i .1 ;d~S 1 J i I At$ ! it i ~ n §t 44 ~I JJ r ' ~7~yrr SJ ~ T D~rdp ~ J11, S~ Ir " 'Yw A ti rjjI l "3k L 1 rj r r . ` ~y \t 6 s 3 1 iA~4 tr ~J ~~t' crt ai F~,r t4 y .o.. J if 1. f 7 S 4IM 1 {'1 l ~ ' 1 a J 3 ' i L . y ,j- ' ~ i '~,f ~nr4eJA" n Y D n, }pJ ~l:r L` ~ r ' a,~. !i ~~pi~,{ fa ~~li•'tp~'~~is 64 r~ti{` !p ~ ,f. p i n, ~k a tit; t PROJE :.T NO. 7-6 4 7 CONTRACT NO.,I 4 f E . THE STATE OF TEXAS § DEVELOPMENT CONTRACT Whereas, KK JACOW, INC. hereafter referred to as "Owner," whore business address is 2422 Main Street, Suite 20f3, Lewisville Texas 750f17 " it the owner of real property located in the corporate limits of # r ` the City of Denton, or its extraterritorial Jurisdiction; and Whereas, Owner wishes to develop the s, property and such development must be performed in accordance with the applicable rd` ordinances of the City of Denton, hereafter referred to as "City"; ^ and ' Whereas, as a condition to the beginning of construction of aaid development, a development contract is required to insure that all streets, water end sewer lines, drainage facilities and other improvements which are to be dedicated to tha public, i4kE~• ~`t hereafter referred to as "Improveaonto," are constructed in accordance with the City's specifications, standards and r' 4 " ordinances; and v r J (select applicauln provision as follows) Whereas, the Owner elects to construct the Improvements' without contracting with another party am prim4 coutrector, in I a , I e of L+Zt~• Y yyM ~.bP11331 which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; IMyrA~ Whereas, the Owner elects to make such Improvements here- T after set forth by contracting with Jagoe-Public Ompimy h` , whose business address is Box 250, Denton, zx 76261 k4 hereafter hereafter J;xr r referred to as "Contractor"; and i dki1~F i , Whereas, Owner and Contractor recognize that the City has an r' c interest in insuring that the Improvements subject to this a~4R 1 agreement, which will, upon completion and acceptj,:,ce by the City,:g' ?M1 become public property, are properly constructed in accordance ~V 1 . ^ ly with the City's specifications and that payment is made therefor; WITNESSETH v~ .a As to the iprovemento to be dedicated to the public, as 41~\/ t~+ AV ' r specified in Exhibit A, attached hereto and incorporated by 4tiR,~^ reference, to be installed and constructed at Westgate Heights, Phase III IN~c r , the Owner, Contractor and City, in consideration of their mutual al + promises and covenants contained herein, agree as follows: + , 71 11 Covenants of Contractor. Contractor agrees as follows; I fi V, (a) Specifications. To construct and install the Improve. menu in accordance with the procedures, specifications ar,d , PAGE 7 { UYS c 1 r « } mot,......"ti~a{.,Ir^?x•*,Iq~': . ,•nv^~+,e s!..-_.. i F gyp.. ...5' c ti . 'ir} as j , , 1.: i s o- n Ire a yJS ~,j s ` u} 1 r~A r a ,n t r " i F 'S.p ,i ~s rF , n h5. , r Jil ari.fe..,i4+....«W4.r 'K r n{~yp v~e'9i.. rf* k+ J ~p 7 V 4 standard contained in Division II and III of the City's Standard {r. S ecifications for Public Works Construction North Central Texas, L as amended, and all addendurs thereto, and all ether regulations ',yrtz; ordinances or cpecificationa applicable to such Improvements, such specifications, standards regulations and o-dinances being ~w expressly incorporated herein by reference and beln g mace a pert of the agreement as though written herein. (b) Authority of City Engineer. Insoeetlons ^ Testa and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City r Engineer or his representative, The City Engineer shall decide all questions which arise as to the quality and acceptability of 1. 1 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 CS whether or not the work performed was in accordance with the ~A' k specifications applicable thereto. Any work done or materials ?r used without suitable inspection by the City may be ordered „ removed and replaced at Contractor's expense. s Upon failure of the Contractor to rl ,4; allow for inspection, to test materials furnished, to satisfactorily repair, remove or ~f h 1'. replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City l1 ; PACE 3 x t. }y~ :5.. . r.. >t .i 4i.Yi olN♦'r1F'MiA s + i } a` r ; 1 r. s u A i,s, ` `w s N;,l t 5 a' x Engineer or his representative Owner of the City such failure Y Engineer shall and racy sus notify the until such failure Pend inspections is remedied. of such work to the satisfaction of If such failure is the ob!! under City Engineers city not remedied getion the this agreement Y shall have no Improvements, to approve or accept the (c) Insurance. TO the insurance Provide for insurance requirements in aPP1 accordance with for in Item applicable to contractors 1"2b of Division I of the as provided Public Standard S ` liorka Construction ecificatfona for Arovlaions North Central of which Texas, as ems ere expressl amended, the + reference; provided y incorporated however herein b "Owner, 'It , for purpoce of this by as used there-In sh Provision only, all mean the City „ (d) Fleane and Methods Y of Denton. °f Methods of Construction. construction shall b That the means and aub~ect be such as Contractor however, may the ~ ,f III Ct r ri aY choose; : for which right to reject an #»fi` the means or method of coast any Improvements judgment of the ruction City Engineer dose constructed not' in t~'~e In accordance whir Citsaure that the Improvements were y *.=r 2• Mutual Covenants specifications , of, ~r Contractor mu Owner and Contractor, tually agree as follows. .---Z Owner and ~(a) Performanc"F° 7 d ~ a Bond Permits to be Escrow Areement, That if are t`''- buildingI issued for the develo +1' n Pment prior to complatio, I PACE y V . `01A~wu,yu y 1 r ,r I 'w KAY 'd.t and acceptance of all Improvements that are to be dedicated to the public: (i) a performance bond in an amount necess amount not lees than the ary to complete the Improvements determined ' by tha city En sneer, submitted guaranteeing f the g , shall as be'~-'' k, completion the ull and faithful epeeifications of the City, Shall be in favor of u ved surety andmpany uthorizede tondo bull eaainrotha j'kYd. 11 State of sexes; or (ii) if the cost of completing the Improvements, at the4 time building permits are requested, is in an k' Al amount of $5D,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the, Tmyrovementa, as determined by the City Engineer, may be depoatted with a bank as eetrow agent, pursuant to an uscrow agreoment iaauring comppletian~of. the Improvements. Without exception, thu City's escrow agreement form shall ' be used., , (b)menG Bond Assurance of yam ~F~3s That acceptance of the Improvem_ntat prior to ; Payment bond will be furnished in an amount not Y Y~ I@SS than one hundred percent "~C r approximate (100X) of the ' total cost of the contract coat of the {fir Improvements guaranteeing the full and proper protection of all claimants supplying labor and a material for the construction of the liprovements, F ' f~. shall be in favor of the City, and shall be, executed by an approved surety company aathorised to do business in the State of Texas; or (ii) i.f the total contract amount of all Improvemennot iv lose than SS0,000 and a payment bond has ts yf' been submitted in accordance with (t) above, Owner and Contractor agree and guarantee, that any and a` all debts due to any person, firm or corpoation *~1 having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before ac:aptanca of the PAGE S , y. i { t , ' `d ~ rV+ ~Al ♦'~4.a^.*,~,+. rk„ .,~Et1~^Ec~ i;•tA rc pF`;. ~ 9 °1A'S~ . 1 ,l* . 1 h r Improvenents by the city and that, prior to acceptance of the Improvements, the owner and Contractor shall M~."'' r= furnish a written affadavit, in a form provide(j•oy the '.t City Engineer, stating that all bias, 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 unreleaseo +e~r recorded liens filed against the Improvements, or land' to which they are affixed, that ace to be dedicated to the public, 4 That, upon the request of the City Engineer, owner or SI1~ Contractor shall furnish a complete list of all subcontractors who pp' performed labor on or supplied ~ryf`:.;1 ~ ~ material for, the construction of the Improvements, ;~rfti' wl, and, when requested, a written statement from any or each of such subcontractore or suppliers that they have been paid in full, i'• (c) Retainaoe; Final Payments. (This prdvislon (c) applies only where the Uwner and Contractor are not the same party,) That Kai,'`1, as securit} tor the faithful completion of the Improvements, a Contractor and Uwner agree that the Owner aLall retain ten percent ; ,y 1) of the total dollar amount of the contract price until after final 1' approval or acceptance of the Improvements by the City. The Owner shall thereafter pay the Contractor the retainnge, only after ~ il"y'~°r• u ?t «'r^ rah Contractor has furnished to the Owner satisfactory evidence that f' i all indebtedness connected with the work and all sums of money due ~w,!k for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied +f ytri tr'+ 'n, %kf (d) _Encumbrances , That upon completion and approval rr i` acceptance of the Improvements of the City, the Improvemants shall` a; PAGE 6 1k ''I t'I s1~, . ~ C r ~i 4 l 9 i o. r 7 14 x rW'1"' 3 ~ " '+a i~ k. rv ~ f d H i y t xLL hf` 4 ~ 4 ♦d '1 i jq~. 1 4X 1 Yv y , become the 'property of the City free and clear of all liens, `dylrJ. r claims, charyes or encumbrances of any kind, If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is a'k + klyM~,.~c r1;. made, or found to exist, against the Improvements, or lend fir"3' dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such s )"o claim, lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claims j, lien, charye or encumbrance, in favor of the City, to insure 6 payment of such claim, lien, charge or encumbrance, aft`! It,) Maintenance Bond, That prior to approval or acceptance of the IaProvements by the City* to futnish a maintenance bond is F 1i Lwl:. ' form and substance acceptable to the City, in the amount of ten, ercent (101) of the contract amount of the Im rovemente insurin ~a' p p i+ t r y the repair and replacement of all detects due to faulty material s t l'"qt and workmanship that appear within one year from the date of acceptance, The bond shall be in tavor of the City and shall be ay` k executed by an approved surety company authorised to do business in the State of Texas, Indemnification, To indemnify, defend and Save harmless the City, its ofticers, ayents and employees trom all sutte, actions or claims of any character, name and description ~,x~~A rKC ' brought for or on account oi' any inauriss or damages received asps sky- sustained by any person, persons or property on account of the _ [Y PACE 7 1! -0' ! t' a~ , ~.f 12 f • ,•y y, .,,fir , 4{ ~ t5~ r. P Al, r *e 5~ i. I y .r 1 operations of the Contractor, his agents, employees o X sub. conttactoral or on account of any negligent act or fault of the Contractor, hio agents, employees or subcontractors in construction + of the Improvementsi and eiall pay any 3udgment, with costs, which may be obtained against the City growing out of such injury or 4 n,. damage, ' (9) Agreement Controllia$, That the fir` N,; provisions of this agreement shall control over any conflictin i 9 provisions of any contract between the Owner and Contractor as to the construction;' K' of the improvements. 3, Occupancy, owner further agrees that owner will not allow "rt`y' 11 any purchasers, 161806 or Other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upr~, Violation thereof will pay the f 1 City $3,000,00 as liquidated damages, but such payment shall not oe deemed approval of such occupancy and the city may take what- Y,`,a ) ever action necessary to restrain such occupancy, Mkt COV6nante Of City. That, tlOn 4~'E P proper completion of the s tl;,improvements in accordance with this agreement, the City agrees to e dJ " w, accept the Improvements. . S, Venue and CoVerninu Lek, The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue "rr~,• i 1,+ PAGE a,xi1' Pt.r~ti+' \ E M i =t 0 ys A v l' F .4. Y 41 } h ~Y shall lie in Denton County, Texas, The terms and provisions of i.'this contact Shall be construed in accordance with the laws and court decisions of the State of Texas,, - 6, Successor and Assigns, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective YI successors and assigns. Executes in triplicate thin! 28th day of March 1987. OWNER FOX § JACOEIS, IM. CONTRACTOR JAME PUBLIC CO. d BYa 'f'u L4445-~teGGsrn-ti BYt - Ju eph Luciani ` Bill cheek, Jr."~ z' Land Development Mans&r Vice President, Finance CITY OF DENTONt TEXAS CI A EA U' {~';1~ ~ 1. ATTESTi£' Jt° 14 S CH R OTT$ LEN! CITY SE RETAR dew' ' ` yy CI r D ON- APPROVED TExes j j4 AS TO LEGAL fORMt ~ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEYS I+ ry'y CITY or DENTON TEXAS Fyry ~r as tr~ ~ BY t t+~ r NON, , Pl.G', 9 ,s .o 71 a t Rider attached to and forming a part of an Agreement dated i BY and Between FOX 8 JACOB., INC. and JAGDE°PUBLIC COMPANY x y WESTGATE NEIGHTB, NO. III, DENTON, TEXAS y.i ; C JOB ADVWH3 RIDER 111 Dated 3 - 7 4!N>?Efl~H4~N~_yIILlII€@ ~~,~1~ A• @fa4[!S_Pt_~4CI5 1~1r , It Au mutually agreed that the Contractor shall furnish all labor, f` supervision, tools and equipment necessary to perform all of the $s work and services under the following at the Builder's project known as West atv Heights, No. IIIH Dentonp Texas situated in g work consists of, but is not limited to the Denton, Texas. (he complete instP,ltation of watermains, sanitary sewers, electrical conduit, appurtenances and the connection to existing underground 11¢": facilities and streets. 1• ~Qasi>`lal4lslDS '~~„t Technical Specifications Sheets 1-6 as prepared by Metroplox Engineering Corporation .1123 Fort Worth Drive Denton, Texas 76206 AT:Ns Mr. Tim Fisher 13rvr~~' METRO (430-1692) ?b". Special Provisions for Underground Improvements a1 Sheets 1-12 inclusive per enclosed and City of Denton., Special Provisions for Street Improvements Sheets 0-8 inclusive per enclosed and City of `a Denton's specifications. ' 2. el~ne , y' TITLE DATE Westgate Heights, No. 111, December, 1986 The City of Denton, Texas Sheets 1-11 Inclusive; B. G4M7~N99IlQd ' Compensation for the work, services and materials satls forth herein shalt be as followseat` ~a laod#Itlon and lradinq - Cost Code 11111 Contract Conlracl r t r lln Esl, Unit Total i iM 1 b 1 lescripllon I01nt4lr Unit Price Cost 10211uvition and Irlding, Including front artatlor, I Spread! 1,11 9. 1151:11 1751.11 of lauvaled Katirisit in lecignatid Atoll, and Aelovll 01 " nalris. Complete Total litivatiom and .1.1.11 .5 ^ t 1 t Irldig rra erlruu~.r aurtd. ev.an,xc4t'&4~I.:.h'ri`A,d Mb.~- f~`3~Ev_ruka~;~4.,ax,r,,+4a.rcnS nS ak Cri;d'~p•s... M;:4i.4~iM0A rw.•y., .,.ri t , r . A ~ V tV, Rider attached to And formin f` g a part of an Agreement dated - 4.10-f By and Between FO% & JACOBSe INC. and JAGOE-PUBLIC COt1PANY ' ~I s r~ t W' WESTGATE HEIGHTSv NO. IIIa DENTON, TE%nS TV JOB #DVWH3 RIDER #1 Dated 2 o- IF 7 ' ';j'. ~C4~P~O16d9$f¢0 5.~41]~.104@d3 Sanitarv lower - CJat Code 7111 Contract Cat trot I utr, ;{ys Eat. Unit Total " r 717 1' Iiueter PVC Floe, CompletelInn Hace InOKI L. F. Price r+vs k1'` 116.321.75 219 i' Service Lines, Complete in Place 13.1 Each $115.11 0152q.11 c , s4v A 211 Standard Manhole, Complete in Place 3.1 lath 11,111,11 $3.118.11 112 Adlr ` 4.nholce to grade. Complete in Place 3.1 Each 1258,@ !751,11 y{t ' ' ;x 1 ' r Total Sanltirv Se !?7,5YS.7S N later - Cott Code 71191 Cartel It "Caslntt - a r' V rst. Unit Total 1 Description ouIntlly 1It Price Cot! lvr Ali . C 315 6' PVC Pipe, Coaallts In Prtce ' 1521.1 L,F, f9.21 112,472,21 G, ' "+r f fik,' Y , 311 Iullhead Mead Services, CoaP late j p Place 21,1 E+cs ;351. lit. IJ,351,11 q~ti ' ; 347 371' Servicaet Compieta In Plats 1.1 Each $211,11 1111.11 }b`, , ' III 6-inch a 6-inch teas. ccaPlelb in Puts Y{~ 45eyI c~ 3,1 Each ' 1175,11 8575.18 ~ T Fi r+l 312 4' site Valve, Complete IN Place 1.1 lath 14541,81 11,811.11 I I 1 60 91 define solid, Complete In Place L) Each $125,11 $125.11 314 fire Ilylranti, Coaplith in Place 3,1 Each 1881,11 $2,411.11 . r+;~a$ or 'a• ' ~-Al s Total late 124.172.20 rl'k~, "rs'u`1, vT ys "t `"ti . ..._...,_...__...---'•--..ew.uaanwr ~xt'`~ tl. IUe Pavlnp - Cr.c Cods 0.11 Contract Cantrack Y' [it. Unit Total Itstrimtioe hintity Unit Price colt 0 ' F + x r°• 511 I's-Inch HHAC Type 1 Complete in Puce 1 P~" I? 0121,1 I.Y. 12.54 112.060.01 pFf w 112 3.5-I4ch HHAC Tv o A. Coo lel, to Place #fi x ? Lela ~ ,ar t. R P 4121,1 E. Y. ISIS 13J.255.61 $14 24, Col and $utter. Coe like to Place "tiFi ~i `IMF, P 315311 L,f. 15.61 117,454.81 ` t 8', a s C t Fly{ 513 Concrete lu1 work. Complete IN Puce 218.1 l.F. 63.81 1621,11j t.i I r,c r" 517 Use fubpride. Caspletm Is Plitt Hill.1 I.Y. 11.35 17,183,65 4"~"~+~1 tx 511 Hydrated List. Coapleh Is :ate NA ion 174,11 14.120.41 5ir4 1, t1 s a foul Paving IMSSLAB {rY ; , r r t + 4 k , t , _ _ • _ JU_tLtaa►+:u.. yl t!k v r o d~§~ ' i Elsctriral Conduit -Cod code 71761 iyai L#~ i Itle Contract bintrltl i Ell. Unit total ` Ilitrlptian luioliit 'Met Price Coat a n s , d 711 LS' Conduit WiL1114 I NI Complete Im Putt VIA L.F. 11,11 11.180111 713 2' Conduil iAIN1114 I irenthed, hopide in Plot1 1551,8 L.F. 11111 16.200.11 7413 3' toaduit metaled I TrAchet. Complete in Plate 61,1 LF, 11.11 421111 tx Fr f , a 714 2.5' Conduit Instilled I not irlnched. toaplete to Place 1111.11,$. ILL 11,511.11 r, + 114 irantlorse fads. Complete in Plate 5.1 Each $211.11 $1.110.11 } 4 t . I. y" t k , Nil IINIto 11 111.700.11 na. utau•us t ew...r R4 , 1 +Itwea IrA , r o.n . • ~ t r. ~ i ' (1~9 , ,wa'+l•W'M1Faiatl. 1 5. ~,°'X,fT i ie:~tn K1a~• _ 4~` tMw6alM tAM!'e14 Yr x p i y' F 4 Y y 'r da+w+,( 8y a 1 41 v r. ~r W 1 .r$ t'a{ 45~k$ R-a'.. y n4~>:,yy~~i, r~...r ~i l 1`t~ ~ F. 414 `JV:dl~f~y~~~a a~1S Y"4 ° ~ d' ~3 t r a a' S r$~vggTdti ~ .t •2 t Rider attached to and forming P. n,-rt of an Agreement dated :r_7_ By and Between FOX R JACOBS, INC. end JAGOE-PUBLIC COMPANY 14, WESTGATE HEIGHTS, NO. 111, DENTON, TEXAS f~ JOB NDVWH3 RIDER NI Dated xt t ---~4mQ€n~~i<f.4n ic4n~insie~L J a a+ Steamy i Excavation 1751.11 Sanitary later 121.112.21 J )arinp tH.51L15 F•r: Ele~triul ltl.71i11 • v ~ f~Y'I V• ~ 11 r ...uu. r.. 1151.141.11~y+'t' ; r r''' Gael Total 11 sossn.a assts r ~ ~ ~ C. Bsfini4iQnid^ P 04, Engineera Metroplsx Engineering Corporation R. 1123 Fort Worth Drive Denton, Texas 76205 ,A a'M I ; ATTNa Mr. Greg Edwards t . e h ~ t~rT; METRO 1430-1692)` t h~ v} 4 t ` Boils Consultant! Maxim Engineers, Inc.,,,j~ b, e342 Fabens 1 t P. 0. Box 09902 tt^, ~ Dallas, Texas 73e29 ATTN! Mr. Bated Hinsidi, PE 3 eC 12141 247-7573 s t ? All work shall be done under the direction of the Suildor's Representative as it relates to meeting the Builder's scheduling of 1?, r that project. The Contractor shall provide for the supervision of his own forces. The Representative, along with the aeststancd of the Enginear, shall, in the case of any discrepancies or questions, fF4t „ t': interpeat the plans and details and direct the Contractor w t F alt accordingly' 84tiGd,+ll+,g ,v a In the interest of the Duildarls overall building program, the Contractor agrees to pseform his work as schedulad b/ the Builder's x tl( M'ay;' Representative. Thu Contractor agraes to complate all work included herein, and have obtained City of Denton acceptance no later than July it 3587. r a}~ I• a y r t'~ ~kl I Ir'Y k 5 + i" ~.2 to :.5 r P"$ • 4 ~ t , l~ ~1 ~v7 ~ t 1 ! 1 1 7 ti ~ s ~ . r 1~ I .~.a'~KVRR!`rlfA4TSA~Mn~~~~f°~~~'r.w1;;,1RR1.•7r~51Y~'Y s. v.sr.F... ,.typ~l(yrnua~a ^'..a,e~rmr.r,.•..+o,,:,u.s r ...r7r j ,.t~ i~. r"I 7 i f i i i- 2r. d t i THE AMERICAN IN;TITUTE OF ARCHITECTS - aw , ^Ili A(A Document A311 t v.a S i Performance Bond t. KNOW All MEN BY THESE PRESENTS: that ji„rol~.,,,,,nN me old .ee,n,Ill lry+ulit Of Cen+nnM " Jagoe-Public company p"0, Box 250 Denton, fixes 76201 u Principal, hereinafter called Contractor, and, v k ! pt,N Inwn frtl trm, +nd ,ad ro, a 1qd NA, of a~nni ~ a f 1 ti a z ~ ~,I; Seaboard Surety Compaq t ' . .r , as Surety, hereinafter called Surety, ire held and firmly bound unto rl nt# AtillMimi .M160 >rs,rrla,of o ~M Fox 6 Jacobs, Inc. ti " 1 a u Obli ee, hereinafter called Owne+, in the amount of One Hundred Thirty Four Thousand t.a 1L 11 Four Hundred Ninety Eight an%! 40/100 • • - Dollars (S 134,498,40 1, i"'l' "r v for the payment whereof Contractor and Surety bind themseives, their hells, eaeNW% administration, t successors and assigns, )ointly and severally, firmly by these presents. I~ t WHEREAS, r Contractor has by written agreement dated March 20 19 87+ en1ered into a contract with Owner for Underground utilities Ind street lAproveloents for Westgate Heights Phase Ill - Denton, III In accordance with Drawlnys and Specifications prepared by rille ]"Ili 14M aT,.ed,ee+r„of wool r+a .rAKN+na 3 F1 1 I. r 4 I• J Ic 5 rt, „ which contract Is by reference made a part hereof, and Is hereinafter referred to a the Conflict. 1tn ~ r Ai4 DocNMaNt Aflt a ►IRIOIMANCI I041) AND Woo M'p Aultaul MYMtNT IO+D . AIA S 7 y. yC.. ' rlaaUAlY 7170 [D,"Tltr AMtRICAN INILhyrt CN AICHI11101, ilia N.Y. AM, N,W., wASNIwDTON,.D CNOX r d {I i`. r , 41 , f y r , t y, i ' S ~ ~ lit it `tt r s y}f , v• f ^C. { la' ' r ~ w 7 "e" .i4 ar ~v L `i V Y~ b n r V t • r k r ' ` r t r~ r L~.,Al`{L r 7 r E v^ r R t ,e r `r ' wl~{1a'X v (J !,.Y g1°r, yr L~a~,. Tr}`{vi~ rvz'i1~a e (i al~~#.1hz c r ~aL 1'rnftr t+;{ y. ~ f 'i ~t~'1 ♦+.1:'ra'1 1~q rT.` r.a., ~~a. ~t'ar t' v ri ~ '.y NDw, THRUM, tell 0%:,;T,O% Or THIS 011'6,1110% rs wch'het, d C"I'arr0' ehd! prvrrptll end }a 111 . ry periorm r5 r r n;,,: said Contact, Then this obbp6on Shall be null and IcI olheIA Ist ~I Shall rer..rn ,n rufl force and sired , The Surety hereby III nonce of any altiI or d: faults under the (ont,act or eonlgels 01 eomp'elron Well of time made by the 0%1 arranged under Ihn Paragraph) luffrt,enl funds to pal the ~ ~ } } ti' se t Whenever Contractor shall be, and declared by owner cost Of compli lron less the balarcer of the contact price; 4t y ',r n ` 'h to be In default under she Contact, the Owner having but not taceed'ng, intruding other costs and damsges "r r:1 performed Owners obligations thereunder, the Suretyw For which the Surelyma agyb of he to rabic f eaunde', she amount ZsH ; y may promptly remedy the dcfautt or shatl promptly I.' lForth nIlia act(f prict+" uausedein 1fifhD+r+rgaph+lfhall Jt Y; .r 1) Complere the Contact in accordance with its terms mean the total amount payable by Owner to Contactor :a and conditions, or under the Contract and any amendments therelo, leaf s` the amount properly paid by Owner to Contaclor,~ 2) Obtain a bid or bids for completing the Contract in k r accordance lFelth its terms and tond;tlons, and upon de, Any suit under this bond must be insGtuled before j Y termination by Surety of the lowest resporlbte bidder, she espir0on of two (2) years from flit dale on which r, ' rr+ r s,E or, if the Owner elerts, upon de7ernun+son by the final payment under the Contact 61h due, Owner and the Surety Jointly of the lowest resport0bie No rlahl of action shall accrue on this bond to or for + bidder arrange for a contact between such biddy and the use of ar Y person or tOrpitsex other than she Own er, and mane avaihbte as Work progresses Leven Owner named herein or the l+eirf, aecWOrs, adminif• though there sLould be a default or a succei ion of Iralon or surctssors of the Owner. F r e r _ : V' { al- rt I, s 'fit S .,y ♦M• , ~~1 41 yy~ µr1.1 ~,14 Ir9'; ~1 S. ' ysII Yy a,~' I ~ ~ ✓rt~ t' r= ` rl1 r'~'irq 1~ ,y{2i l.r"M J v~iw - IN ra(c 4~~ lY a k of 3 ~k Sighed and stated t},it 20th day of Mare 19 67 l r p a°4 !1 Y~ l '1 i ~ ~ r {1 • 1 Ll. J J- agoe•publlc Company ~ , ~ ~ fTbntl(rJr1 ~ r 1r rp1 ~ f 'ilAirsiJ 51 ~1v,rY yl `s ILI , ~L`e4i•' irk ' r .1 L`.ti..L..Ltlddtir r:~'t ' rl tf +~}C.,. ` Lk CORROON 6 eU.r.KhJ LIS CROTTY POWERS 4 r` 8300 DGUGlA31VE. SUITE 700 SeaboarJ Surety Comp an st ratf +OAt.WS TEXAS 7S225 ry11,1 d IprrN'111 man t~ w y tar r u~ 9 v e~',?p:,1 Rose ary weaver '7owi Attorney. lh-Fact y . aIA DOCVM1N1 Atll + rlerfla MANC1 atrNU AND lAarla AND S1A71A1At Act tttM turns AIA R If I III U A4Y 19711 t It.,MtAMtWO6NINt117u11 flr Arcs 1111(1e,'1711 N.Y, AVIr N 16111 IN61pN, D. C. M" rl a aqw h V' l `u{} a , t 1 v j ~1N4.. °w AMRe1NM11WtM7ilIRaMAlel9iigrl7FY'M¢alM •„~n.._- - J~~I `r r 1' / ~j, r k• a yr ~V4, 1 i r .,y t,.i 'S ~y' i J.4,4 { u1 a ~4 r i ~ ~ r f N` ir.131,~ '~.'r~ ~ h e A ~ i,a •,6 i ^~'-Y s r' _.3'4~v I •hl ~:!r. 'SS . h, 1 1C1, i~1 , .~.~4 r ° TY ' ~ ~ ~g .t, ,3, ii , ~ 4 y, a rq .irk 1 1 1 1, • 39~ THE AMERICAN INSTITUTE OF ARCHITECTS mot. t~Yt 1 a 1 j 4 1 s! Y f ~ ;!r' Document A311t'$ 1 1!- 4'. Labor and Material Payment Send THIS BOND IS IWAD SIMULIANIOUSIV WON P. ArpaMAkCt BOND IN r4YOK Of Ixt f(qr}'' / ' OY'NIA CONDI11ONID On tnt Wu AND TAIL Kl Uk PIAIOAu.ANCI Or I'd CONIAACi a e It 1 ~t d KNO1N ALL A1EN BY THESE PRESENTS: that •.nit,,A,-t ,•e.aa•Pld'Iei•ILtlryreeAlntiwl 's a, . i` Jagoe-Public Company p.0, Box 250 Denton, lexas 76201 q t`'I ant .aAW , of P}lnUf'81, hereinafter called Principal, and, pne'e ,err. 101 n.-t 419 ,ad,tir e• 4a.1 mh *1111110 Seaboard Surety Company e a A as Sule:y, hereinafter called Surety, are held and firmly bound vnto t r t,a ,de tr,.1 o1 o•~' C 1114 r` Fox b Jacobs, inc. C Hundredinbecv de!ntd,Vnthe Four clairrirls asObfgee,he'ne 'I called Thi rty the Four a Thousand of O I ~ amount 0( Ninety Eight and 401100 4m o•rMN a, IAe mnnrtl 11..11 • iJol +r3 S 134 , 498 . 4 0 Net 1.1,0.1a w- r4td m V for the payment whereof Principal and Surey bind themselvrs, (heir heirs, executors, Administrators, c 1 fuecrssorf and asqns, jo;ntly and sel'erally, firmly by there presents. 1NHEREAS, , z.16 Principal has by 'written agreement dated March 2D 1987 , entered into a contract with Ownet (Or M y1i Underground utilities and street improvements for Westgate Heights Phase III - Denton, Texas in accordance with U,r%wings and Specifications Prepared by Ora` ;~t tnae nlen rt11 4" ,Nr ,dd'ell n Nµ11.110 or 4aA.1rell ' wh;ch contract is by reference trade a part hneof, and is hereinafter referred to as the Contract. J' ~~1 py xa it AIA Dock MCNI &311 • PIAF09MANct 10 I'D AND 1Aa DA AID WAt1AMl Al. t'AaINf IDND A!.A 6 F* c''~' I!IAUASY 19>0 tD. • IW AMMCAN M'ST ITUtI Of AA CMISICef, t%3S & v. A'.1., K.N'., NAS M,Np ON, D. a 71006 J a 1 _.;y t pL t~ C{ 1 c ~n c. z t, aaiiA'G1. 3 L... ;t'.y :[n d[ IP.1.."-<-, ~ k I r' r ~ °~'S~' {T ~ ~ ac~r d f, r ! 7 i ~ rs~~5 b ~ rte'- •~."l.~~h9k~+r'...iLiA ~Ai P1A1. ~~~"fe.:.''S:'~'` :f+~'di~."d x w ~J she 1 r.pw, 1ntF00at, S,i CO%TIIM' Of 7nis Oa.rG•T,pn is such !hat: ,f feint ca' j'a'i p6mPtl, matt pa, men! to all [ t: cta~m,nU as he'enaher defined. for all labor and malt: a' used e' Iriwrab'1 rra~ ed rcr we I'm the pe rl0rmanct of Ike Cord'act, then this obl,gil,On shall be so'd, Others rte rt ssat' ff' I'm in lul' ("t and ehtCt, sublt[I, howe•er, to the lo!• • . lcnrrng conditions: 1 t, 1. A (faimint is defined as one hating i di+![I COn- ii iq' Ike amount flamed and the name of the part)' rS tract wish the PsinNPal o' with a Subeorductor of the to whom the male'als were frumshed, or for whom Principal for labor, mitenal, or both, used or reasonably he work or tabor was done of performed, Such notice si re k5 , quiled for OR in the Performance of the Contract, shall be served by pirating the same by regbtered mail labor and malenal being sunstrued to include that Pori of cr cerlfied rr:l il, poslage pil Cdr in an tmrlept ad- water, gas, Power, light, heat, oil, gasoline, telephone !ratted to the Pnnc,pal, Owner or Surety, at any place - service or renal of equipment d'ItCllg applicable 10 the ovilKere an OF.Ce is chre of b sine sf otgs(rved mnl atny manner hn wrh [h ~e 5 Contact eg+1 process may ~e served in the start in which the +a 2. The abo,e named Principal ono Surety hereby aforti Protact is tooled, ease that such senate need jointly and sevvally agree "'IN the Owner that e,M not be made bl a pubic O'Ci . Claimant as herein defined. who has not been paid in 1:1 After The e,pilll on of one 01 year following the lull before the e+piralron of a period of nines, 150; dale on which rnnc,pal ceased York on said Convul, - , d:w allot the dale on w hich the Ir" of such Clairmont 's it bang understood. hoAli that if any I,mhat,on am- r s work or labor was done or performrd, or rralli were bodied in Ibis bond a proh:baed by any w controlling furnished by loch CIAimar', 1 sue on this bond fop the conNruuion h.i svch fir ion shall be deemed UIe the twit 10 final to be amended so as 10 be eCJal Io the m,nimum period i1 9~ s y-? is, YS! Of such Clairmont, Prow Judgment for such sum or sums as may be just) due of limitation permdred bi such taw. A caiman,, and hart e+ecutbon thereon. The Owner shall C) Other than in a slate court of competent Jurisdrelion " . riot be liable for the payment of any colts of e,.Peoses in and for Eke Counry or other political subdi,'Ision of tt s,; of any such suit, the stale in which !Ia Protect, or any Port thereof, if sitwled, of in the Un,!ed Sates Drslrict Court for the 3. No suit of action shall be commenced hereunder district in wl-ich the prole(!, or any part thereof, is 0. a ty a^y Claimant: weed, and not elsewhere. Unless ctoimanl, other than one ha.'ing a erred r7 U a come with the Principal, shall lease given wnnen a, The amount of this bond stroll be reduced by and r ment or paini made in good nor'cC to any two of the lollowinss: the Pnncipsl, the to the e+rent of ins' pay;%a of by 0mi ef, or the Surety abort nameC within n nely !501 lath hereunder, nCIWh may y be the fl Paeyd ofment rec coSurely of days after such c a'rmint did or performed the tut of mecki in' Dens which rdagsirst Is, work or labor, or luin shed the last of the Iml ia4 sa';d impro+ii whether or not claim for Ike amount for which said claim is made, staling with wbstint'al of such lien be patented unde• and agY~nst this bond , • I S lined and stale: Ihls 20th day of March T9 87 f Jagoe- Pubttc Company f 64/ 422-~ v a/f t J 1Trlk1 CORROON 6 BIPCA/EtLIS CF011Y P041ERS Seaboard Surety Company 6300 VDLI-L''r3 f lF.. "UIfE 700 DALLAS, 1 t YP..9 i5225 eh -.4 To[. (214) flu?-2100 Ilvrrnrnr Hosemary Weaver Attorney-In-Fact r" AIA DOCUw1NT A311 I-IkI FASAr.CE Jc%h A%D inaus AN') NWIXIM nn all ~T tu~D • AIA d • f, r;. ' T{ItUAer 1y!p IU.• SMi AraIArLA4 W}111U1( Uf AFCnHEC1s, sr li ~ Y Av(, N w',wASdi+e,lpc, D. C. prof. g e,1r i'r rf; 1 , ~k , f rte f, i I s}:I L } 4w r ♦~ny""i sat i,, v '~,Ys 1.`' ~lK 'i r+1 l.. 1 p,k i•6J1+ 1 -44 1S ~ ~ C! ,k5) DUAL OBLIGEE RIDER pFt ' (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) C h, ' t TO BE ATTACHED TO AND FORM PART OF Performance 6 Payment Bon NO, 124 731 dated concurrently e with the execution of this Rider, issued by the A Seaboard Surety Companya of a oe- ublic om an as Surety, on behalf 6~.. as Principal, and in favor of ox aco s, nc. and y o en on Texas as Obligees. ° cite IT IS HEREBY UNDERSTOOD AND AGREED That the above described bond{s} 1 41 are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them unless the Obligees, or either of them, shall make payment to the Principal, or to the Surety in case it arranges for riA3 ,r?~; completion of the Contract upon default of the Principal, ~i. strictly in accordance with the terms of said Contract as to ka,' :hy payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the n manner therein set forth. 4- ,2s , IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained Iti. shall be held to change, alter or vary the terrs of the above described bond(s) except as herefrJefo,: set forth. SI,NED, SEALED, AND DATED this 20th day of March A.D. 19 87 ,Ja oe-Public Cl Principal , Seaboard Surety Company 55 949"OA4 By- osWill ry weaver Attorney-In-Fac , r S~~, y 1A ' i •I rrr I , J~MY~6r41,.-.+ ~ .++.,,ArtfWwWaWh'Kw?'t3fiM~yrra`~W►Kw+4M~~adlr.:33wi.,~. `e.:.~ ~"a3~i~w .'may 13f, SSrABOA~tD SVRB'leY C4PANY A 121r. Nor' 1626 ADMINISTRATIVE OFFICES, SEDMINSTER, NEW JERSEY Fq4 . POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Willard Crotty or James N. Powers or Peter A. Rush or William G. Klingman or brvil B. Coborn,, Jr. or G.E. Easley or Rosemary Weaver of Dallas, texas t 4 9, his true and lawful Attorney-in-Fact, to make, execute and degwr on He behoN insurance pobcle%tu" bonds. wide otAcrInsWmmyo9stmitarnaturessfollows: Without Limitations r r 5.4 l Such insurance policies. surely bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid ti°,; •ti' Attorney-In-Fact, shall be binning upon the said Company as fully and to the some extent as if signed by the duly authorl2ed officers of the Company and sealed with its corporate seal; end all the sets of said Attorney-In-Fact, pursuant to the authority hereby given, are hereby ratified and confirmled This appointment Is made pursuant to the following By-Laws which were duly adopted by the Bard of Directors of the said t Company on December Sth, 7927, with Amendments to and Including January 15. 1982 and ere still in full force and effect. ARTICLE VIC SE"fON 1. z rookies, b..:de, neoenWncN, dlputanons, eonwnb of sunM YM1derwrNng undeAaltkpe end keWmeM14 te4tlng averela Insurance pdicea.bands,rhognwncN.elipulwi0na cansenla Olwroty end underwriting underu[Vinga of Me COmpaz,y,and roleasN.apreemenu andolhar - writinge relating M any way thereto or to any t-.rm or loss thereunder, shah be signed in ore name and on behalf of Ire Company `L IN by 14 Chat "Am0lCPS egad. tee Pres4ent.aVice-Pr"Ident or a FOM dent Vice-Presidenrand by the Secretary, an A assla nl Secretary, a Aes'dent t Secnlagr or a PNi dent Ass stem Secralary, or I o I by an Anorneyln-Fxt'or the Company appointed and Iuthe heed by the Cluvrnan of Ire Board, the President or a Vica.Preeiden, to make such pgnatun, or (c) by amh other off cera a nepresematim as are Board may from ri me to time deter mine. + 11` The seal of the Company shall It APP Fool be eaiaed thereto by any Such officer, Anarnay-in-Fact or neweientatiwr M WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one or Its Vice- Presidents, and Its eOrDOrate seal to be h@reunto affixed and duly attesled by one 01 its Assistant Secretaries, this . 24th , day or epte eg 19,85 ,.,.rry f Attest g927^v (Seal) O Q I~ C(o BByl160yiD S RE 411,110006 TV COMPANY, ~I ~.--r Assislant Secretary c1 PrAS~aenl STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this 29th dayy of September 19 85 , before me personally appeared Michael, B.. Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, Doing by rr duly sworn, said that he resides in the State of New JerE ; that he Is a Vice-President or SEABOARD SURETY COMPANY, the Corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Company; and [hat he signed his name the eto as Vlca•Pres identol said Company by like authority. FELICE M. CATALANO (Seal) NOTARY PUBLIC OF NEW JERSEY MY Ccmmission exp. June 4, 1991 Notary PuW c r CERTIFICATE I, the arders,gned Aleislanl Secretary of SEABOARD SURETY COMPANY do hlrebycerthy that the orlgmal Power of Attorney of 044 theloreftl is 1~• a 1011 Inue and Conrad copy, is in lull force end erred Or the pale of this Cerlifkate end t do IurNer certify that the VRe-President who eANut d IN acid Power of Anornae was one of the Olken authortred by the Board of DtINtars to sppoinl an enorneyM•facr as prodded in Article VII, eeclion 1, of IN Bydews a$ e SEABOARD SUPEtY COMPANY This Ce rtifiteret may pe f iyyned and styled by laceimiA under eM1 by authority of tl.e lallow-ng resolution of the E r ecutiVe Comnnhee of fhe Board of Dlrecl0re of SEABOARD 911Rt COMPANY at / mNhN duly called end held on Ire 25th day of March t970 RESOL' ED (2) Thlt tM use of 1 prim led facsimile of the corporate seal of Ire Camps my and of ft signature or an Assistant Secnif" on any cart,f'4vahr of Ire corrocfnNe of a copy of Art Instrument ON" Ned by the President or a Vice-PrNident pursuant la Article VII, Section t, of ire III a oppfi and authanblng M eflomeydn tK1 to Non In the name and on behan of tM Campany eQwy bonds. u"nem.ng undeReMinga r other > eslruireas described in laid Anicle'Vh, SKh06 1, Ollh Has effect 11 d Such seal and Such Ngmetuna had ben manually tlflsed and made, hereby A sumonad and approved' r WITNESS ear reunto Sa nd and s ill ad he I IEAEOF I h , m , y. h „ rA ^ corporate seal of )}s mpany to these presents this day 01 IN M-No /v) ^'tC`~7'm say oe•in st i• I r , r ISSA GATE rMMVD"Yi CC 1/20187 A MATTER , 1CERTIFI ONLY AND COMERS THIS CERTMATE K ISSUED AS NO RIGHTS UPON THE CERTIFICATE MOLDER. M% CERTIFICATE U DOCS NOT AMEND PRODUCER kJ I i EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CORROON a LASuiteL7000ROTTY POWF COMPANIES AFFORDING COVERAGE T . 8300 Dougl Dallas, Texas 75225 COMPANY A ' j;QBnj LETTER RIVER INSURANCE Com?ANY ~ER Y 6 rNTj;MATIONA! INSUPAliCE COMPANY ~y INSURED O TED STATES FIRE INSVRA`~CE COtt~ wj4 LETTER JAGOE-PUBLIC COMPANY P. 0. Sox 250 LFCOI"TTEPa ` Denton! Texas 76201 T°EOeTrfRNY E ,a LESI THE POLICY CLI TI M MAY THIS it 10 CER.'IFY THAT ►OLICIES OF EITIFIM O E ONDr? D" OW NAVE CONTRACT Y ISSUED TO EI HE R EO NAMED ABOVE l TO WHICH L FOR AY REMENT BE NOTIVITHSIA MAY 06KY FM TIN[ WSU~UINC[ AFFORDED tMAPOLICIkS DESCR 0 HEREDOCUMENT S BdfC MT 0 ALL THE TER" EACLUSICMS, AND C FLAT AIK TIONS OF EIICM POLICIES. LIAS1lRY LIM1191N 1MOUfAND1 WY P]LKY FNiRNE tt RiN90'ImDI AOWD11 + CO TYPE OF INSURANCE POLICY 134% NUMBER wa tMwm^'h S55.IF" _ y r LT f GENERAL LIABILITV S $ COIAREHEN" FORM PNOPENTr S . X PREMSEM11470NS cIMAG! k $ FU # X EXPL65FJN E C0.E LAPS£ HACARO 10-1-B7 S 500, s 500, A X PRMTV-100"ED 540 840825 10-1-86 X DDNFwNhL ' X INXPENOENT CON?AACTM i X SPOD F M)PERTY WAAd PFasoNAL IwIaY $ 500, X IE R.4044 "Y "ra"BiVom CG End. ANY AUTC P0.' ALL pYNEO Afros I/PpRI'J PRSS 1 k # wi~rO„sr' $ 1 X ALL WIED AJIOS 1Pq^/RPASS S~ HAED 10-1-86 10-1-87 o'e S 8 X Ds 540 8586315 AVA~ X mON4VzwNF NE0 AU OS ! I PD X GARAGE LIABILITY - S PO n $ ~ cows 19 C UMSRELUIFORM 523 4185053 10-1-86 10-1-87 coMe«Fn ,600, kD00.k OTHER IHAW - BT.+y+OPr _ WORKERS' COMPENSATION kAC.N ACLIOfxTI 4 , A AND 408 -45-13-82 10.1-86 10-1-87 S 1oj)1 E,wPacvLnlm S Q31 SEASF;ACH EMPl0YFE1 EMPLOYERS' LIABILITY OTHER Jobs Underg ud Utilities i Street improvF~Tnent9 for Westgata Heights Phase I 1-Denton, Texas l1 s orL CO1~S~ (nn}~x tanmpA Are~amedss-additon L.ins_ ad'A_P1L ea OESCRIPTgN OR OPION50.0GATKNISNFM LFS'SPECIAL 1iEM5 1~iy All operations in Texas - 0.. •1 I 1 «a• I r a SHOULD ANY OF THE AEOYE DkSCRISED IOLICIES BE CANCELLED BEFORE THE EA• s FOX 6 JACOBS, INC. PIRATIDN DATE TMEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ~~T r. f? MAR, ,a DAYS WRITTEN NOTICE TO THE CERTIFICAT 01.01:111 NAMED TO THE P. 04 BOX 110934 LERNYUKIND U1At INS MAIL SUCH HNO C AMALLI P R E KIWTION OR IIA"k COMP.Y ITS ~OENIS OR TEXAS 75011 A •.IomZED PEP:.IESENIA TTY POWERS CARROLLTON, 1 CORROON i B J ~F t + ,~•nv' r ll4, i 4 Ir.~t:t i f .R . Al a R t.,~ tt>. •1 '~I eeL'Lri 1... J ! .Fj 4 Wf' • y~Ra~S. J M Fh t V y1 r „x a ; w ~y, rA~. F F ~A i, Z 1 j4 .'t . 1 k r t y1 F , J ~Y i. len_ 4P- PROJECT NO, CONTRACT N0. S THE STATE OF TEXAS CO1fNTY OF DENTON 4 DEVELOPMENT CONTRACT tr Whereas, ;pavid Hoarii y eiremeat Fund' ai hereafter referred to as "Owner," whose business address is 1201 Dunce Street -Denton Texas 76205 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 a performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City";'' r and Whereas, as a condition to the beginning of construction of said development, a development contract is required to insure that all streets, water and sewer lines, drainage faciitties :Ind other improvements which are to be dedicated to the public, j- hereafter referred to as "Improvement aare constructed in accordance with the City's specificationa, standards and tik ordinances; and (select applicable provision as follows) 4n J Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in dk• F~ a A 1 a l' ~"n t 4, (~f-~,P 'y. F ~ ,C 1 ; 1, ♦ ~ { f ~,~a nr ;'~•T' Y~ W~ YJ 3 ~ Cf z~rY <~; i0.' . which case the provisions of this contract which refer to "Owner" F or "contractor" shall mean the owner as named above; or ~r xxx 1 whereas, the owner elects to make such Improvements here- ~ ` ~~3t r t ktv after set forth by contracting with r 7aveeP b reaslV Y T„Dewhose business address i8 t k a ~zy~. ,fr$ hereafter go,cL Sz o _ Denton Texaa 76202 P.O. referred to as "Contractor"; and ; 01 Whereas, Owner and Contractor recognize that the City has an ti• 3' . interest in insuring that the Improvements subject to this All `F r ,h ` agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance kr V II'. 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 'a reference, to be installed and constructed at '-P n h rtv StL"' ; Ce ntrw7 Denton, 'leags I} 1 ,~fy t 4 Contractor and City, in consideration of their mutual p» ~s the Owner promises and covenants contained herein, agree as follows: Y Contractor agrees as follows: ta., 1. Covenants of Contractor, a -jaF; M" (a) Specifications. To construct and install the Improve ments in accordance with the procedures, specifications and kl r i PAGE' 2 r 4f z y` i t p t t. t.. t 4i,( s, dlp i •w 1'i r Sr ` d "j. i w S ~f. ~ .@ ,,~i 't.'~e,~l~>54"'1~3+a~~'1'~,:E,"~4i P:~~r ~~,,~y,l.h,+<. ~,~,,1 A", .~s~?w. m~~,yi~ •?'7 .i; 'r • ~ has vx M " t'; ''1 • k ~ i M ~ 4 l standard contained in Division II and III of the City's Standard Specifications for Public Works Construction, North Central Texas, tYs as amended, and all addendume thereto, and all other regulations, " j ordinances or specifications applicable to such Improvements, such t r`' specifications, standarac, regulations and ordinances being aNr~rj 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 f Engineer or his representative. The City Engineer shall decide all h' questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. ,s The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whetter or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials yi • used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. g4+.;t 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 4, , ;H or materials, or to follow any other request or order of the City F, 3r . r t ~ PAGE' 3 ' '1 r s Lv d .:I ~ r.u ~ ~~~wF~ m.. Fry .a1, ~~I.Yrs 6 ~~}c~I. I~ir r 'yfl a°~ 1 i1 i .a r ic~'4, i ~ r Engineer or his representative, the City Engineer shall notify their y ' owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied w` to the satisfaction of the City Engineer, the City shall have no's' obligation under this agreement to approve or accept the Improvements. , (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 Mq; N. Public Works Construction, North Central Texas, as amended, the i3. provisions of which are expressly incorporated herein by rrz' 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 wore constructed in accordance with City specifications. r 2. Mutual Covenants of Owner and Contractor. Owner and .3' Contractor mutually agree as follows: lttb^,` (a) Performance Bond; Escrow Agreement. That if building a permits are to be issued for the development prior to compiation y s., d PAGE 4 w r a: f1 ' I. y t t f ~;r y ff ~ y x. e ` w , ~1' ,c Ri~d/k , ' Y ry a 7„ ,y 4 a~ , r r i , { ai.n!^ r y~ r i r, n 5 nif,'.. ,'tr56{ r~,A dye~.PA S,µ, k ;Y ,eR.1.( ♦ ~r t`1 y tA.. yFALUM= i a tiq, `n, L~j t e~eey~y~~ and acceptance of all improvements that are to be dedicated to the public; (i) a performance bond in an amount not leas than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be k1,Hk f submitted guaranteeing the full and faithful yf°~h S~+ti964 4 completion of the improvements meeting the a ecifications of the City, shall be in favor of the City, and shall be executed by an approved i+~ +I .p, surety company authorized to do business in the State of Texas; or "a~y:f (ii) if the coat of completing the Improvements, at the time building permits are requested, is in an p, ° a amount of $50,000 or less, as determined by the 3 City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City EnginQer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement° insuring completion of the Improvements. Without exception, the City's escrow agreement form shall a "Ot, ,4r be used .(b) Payment Bond; Assurance of Payment. That prior to may, Fad' acceptance of the Improvements:., (i) a payment bond will be furnished in an amount not less than one hundred percent (100x) 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 x as executed by an approved surety company authorised to do business in the State of Texas; or (ii) if the total contract amount of all Improvements pj is less than $50,000 and a payment bond has not Leo been submitted in accordance with (i) above, Owner +h and Contractor agree and guarantee that any and r t all debts due to any person, firm or corporation having furnished labor, material or both in the y+; construction of the Improvements shall be fully {1r paid and satisfied before acceptance of the ~'A/fir. i e"R PACE 5 s Y . 1 i i { . 71 r 1 PS Y J i, :f' 7 ;..a t' Improvements by the Cit-~"`M Y and thatr prior to acceptance li 3z of the Improvements, the Owner and Contractor shall 61 furnish a written affadavit, in a form ~r City Engineer, stating that all bids, Ohargea eaccounte or claims for labor performed and material furnished to connection with the construction of the Improvements !R nave been paid in full and that there are no unreleasea y" recorded liens filed against the Improvements, or land w .MCI to which they are affixed, that are to be dedicated to y K - t a the public. 14 2 Tnat, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performea pp material for, the construction labor they Improvementstl1" and, when requested, a written statezient from any or each of such subcontractors or suppliers that they hrve , been paid in full, r (c) Retainavet Final Payments. (This provision (c) applies oniy where the Owner and Contractor are not the same party,) That as security tot the faithful completion of the Improvements, ~V A c Contractor and owner agree tnat the owner whall 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 snail 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 o r AAaratusr fixtures or machinery furnished ~i~w4t~,+.• tot and used in the performance of the work have been pa;d or otherwise satisfied, (d) Cncumbrinces. That upon completion and approval or ►4rs? E acceptance of the Improvements of the City, the Improvemonts shall 'A PAGE 6 .y x,~irt: ",p lt. , 5. , i ~ y v ' ya ii F1 i "r; ~ ~ ~ 1~,15i ku t p#aa t c~7 {r i~ A't4 " .yt~ e. become the 'property of the City free and clear of all liens, ~t,tit, G 1 rR claims, charges or encumbrances of an} % kind, It, after acceptance } of the Improvements, any claim, 4: lien, charye or encumbrance is ~ayY \,F Cr made, or found to exist, against the Improvements, or land aeoicated to the City, to which the 4 3n` Y are affixed, the Owner and r, Contractor shall upon notice by the City promptly cause such Y promptly cause such'. claim, lien, charge or encumarance to Ce satisfied and released or 1 & ~'Y 1': promptly post a bono with the City In the amount of such claim, A;a lien, charge or encumbrance, in favor MY r of the City, to insure tdY+jH`y,~ payment of such claim lien, charge or encumbrance. sti (e) Naintonance Bond. That prior to approval or acceptance Of the Improvements by tae Clt to Yr furnish a maintenance bond In form and substance acceptable to the Cit r- Yr in the amount of ten percent (10i) of the contract amount of the improvements, insuring ' the repair and replacement of all detects due to faulty material and workmanship that appear within one year from ~ the date of acceptance. The Dona shall be in favor of the City and shall be executed Dy an approved surety com)any al'thorized to do business f5(. in the state of Teas. (f] Indemnification, To indemnif Yr Defend and save ' harmless the city, its officers, ayente and employees from all 3 ~ ? suits, actions or claims of any character, name and description brought for Q. on account of any injuries or danlayes received as Y~ . sustained h Y any person, persons or property on account of the Its x PAOE 7~~+e' :V r { a , w S .'i~ t~ w~,,'; • v 1 y ~ Y~~ t~d J 1 f \ ' n_7 Ll 11 I I A K r{ operations of the Contractor, his agents, employees or sub- ~ It contractorsj or on a: ~Y count of any negligent act or fault of the Y. Contractor, his agents, em p. ogees or subcontractors 1e: construction 0 of the Improvements) and shall pay any Judgment, with costs, which may be obtained against the cit l ; ¢ ~ Y 9rowfni out of such injury or damage. (9) agreement Controlltna, That the provisions of this F Fl"R r agreement shall control over any confl.cttnq provisions of any contract between the Owner and Contractor as to the construction of the Improvements. l Tfi^ 3. Occupancy, owner further agrees that Owner will not allow VJ dj any purchasers, lessee or other person to occupy any Duiidiny within the aevelopment until all Improvements are completed and t' accepted o y Y City, and that upon violation thereof will gay the City $3,000.UO as liquidated damages, but such payment shall not be aeemed apiroval of such occupancy and the City may take what- ever action necessary to restrain such occupancy. ) 4. Covenants of CLtv,t~ That, upon scopes completion of the Improvements In accordance with this agreement, the City agrees to accept the Improvements, 5. Venus and Governing Law, The parties herein agree that " iz+ thin contract shall ba enrorceaole in Denton County, Texas, and if legal action to necessary in connection :herewith, exclusive venue , PAGE 8 'i" .4vN ! ,C y , Walla " i V '1 'P' I ~TF .y ~ ty 9'i~ rC t y shall lie in Denton County, Texas. The terms and provisions of ?3~ i^ this contact shall be construed in accordance with the laws and ~p+s, x` court decisions of the State of Texas. 6. Successor and Assigns. This contract shall be binding upon and inure to the beoefit of the parties hereto, their respective r I < successors and assigns. t 4 Executes in triplicate this, 10th day of June , 19 87, t V OWNER CONTRACTOR 4 t David Hoenig Retirement Fund Jagoe401ic Company X 4 ° ar q, J^ v BY:BYs t ii:' y ~Kti SfJV ~ ' F ti- CITY OF DENTONO TEXAS ' ~ r rF t B. j" TY MANAGE n}Gp"r4 ` ATTEST: t 14 5 ti P ti~ c + ~ 1 ILA ` y 3?. CITY SECRETARY CIT F D TONJ TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ° ~A ti CITY OF DENTON, TEXAS " KASs~,~ s SY3 iyry, S~~ PACE 9 t.. t l i ' rV~~ _ tiara Perimeter Street Paving and Fire Hydrant Improvement y t v Hoenig Retirement Fund rr..a f,., \ 2 Y k Denton, Taxes 22 SNa~^•W ~ 1 ' Ark { t r~ rnl+ ~ ~ e+~ r ESTIMATED OONSfRLMION QI!t,HT1T12S: tr~, Paving and Fire Hydrant Improvements: 0 00 1. Remove eriating asphalt and shape subgrade:658 S.Y.@ 597 S.Y.@ S~_- s 2. b" lime atabilSzed subgr~de: S*7,°~'S gyp= A ~~J 143 L. F.@ 3. Standard cencreta curb and gutter: t 4. Concrete driveway approach:(3°'A ro Lump Sum 7M e r lf' Lump Sum •S_-.~l~- .,4~ t w' 5. Centerline Striping: " Standard 4' vide sidewalk 611 ~tY @ $ ~,2~•S/ (with ramps located at driveway): Lump Sum •;~,,~~Crve e Fa 7. b" fire hydrant and pipe (sea plans , a. Niseellaneous: 71S s.y. GA co 1 R SllB-TOTAL: 17. 2es ~ . K I' Alternate bid: Lump sum bid for claan-up shown on 8.5"x11" , 60 "Off site drainage improvements page: . 444 r ♦ II.-JC 1 1, nl tA. S /I ~C.. f, I~Qr .C~~OnT.arl .}'1 t•. End of Section. °u Sc a? S3.°= x4 J . ki eCyd 4 r~ {y ' . A J(J"S1` r~ 1 h t + r e.~,.pfs•.eT. ~ c.e1M'x.~M~\e~.~'ilS+?,N`M«Z'""aF~+W¢'M.~ ~ 1t.. S ~ + A l , 1 1 i i ~ t 1 , ! 1 t I I t 1 I ~4 % + rr i~ ' 1 ; ' ` + 1 , f a } r' . •<ZS.1 ~ ~ 63rv, 33~ , rt w,-'mot h y ,<T h r ,.{,1 it, t..* zll r dd„ a 7 l l 5 ~ 6}nAI:1.N.++FT 111 ~ t PJ.. f + .L b ' r 61 tt.1N5, ,i r fe.'" rFSI GL° (,SB r r o (,Gt r it r6D 111` d 0c.l 1.1w{MAr Sj~,y' r I d f ry)1 p'r A r rv bP~ yv t A t e~l ( t 11 I f IIFS: , , ` ri. . - r'V .G71 [Clean debris end vegetatS fray SIAW area and grade to drain to adad% boa culvert bwmth Locust St. The Contractor shell obtain approval of a barricade PDA vur to I IV • ble for Coordinating field location Q~f'- SYT C_ 1>4 A1r~,~ $ lg`' Y -ft 0ontrauur shall I resp«'al tion IMP F-Ovt1m 3~S " of all adstim public utility facilities prior to Conetrx, l rn S I r 2 , 'BLa: " $ I&k on 8wrisys std widays uor~Lc am Abe ire wes t GPXOvW office. ~~~[a Sattiadey pc+,xr to the rack. Liilass DA~4HER(Y ADOi'I'1•')' i~ by the Clq tngr• by 5:00 pn on the lied . ry pm~eCt Cavlaum is doamd wgent, pecada'd°n say W refused. Any 9 overtime for a City S:bapeatae & all to fm,aed by tit Oontractor nt BURKE ENGINEERING Al 1 rots of $16 arP•ae hour. 'Do Contmw shall be mapauible iIi s" BRIAN SURKE,P.E.r GINEER only for the ctwHv %Wk. Gf+NSVLTING CIVIL EN r 1 'owrofa,i[N11! ieRllAO-b7N I~'%'1 , ~t?~, 11 ' I Fv 15 t ~ ~r ~ o ~ f •i f 9 s d ~ i ~ p s k ~ w ~ A [ ' 'w 7 - . =s-. r! n , .r : ~s2~'1" r M i.•, p~~y i , +i.~~2 rS~S4'{~'7' 1 ti+ W e [1 i' r Eli/ ~A*t "y, J,l le k y r • I ~ e, r - A" f S i JY uqf,~ >!e •i: 4 r r~i lrre - 4ai Il,~S •i Y I~ 'J i art ~t r r. w i F, n ~ y^ y r f~~ r I .I', a ~'L, aR9RP:rA4 lpd~#ll!{MNK'WCW!wrwwmr..~.... . _J i 1 i I ~,r•l~ t , ~ 1. tik:r R. '`~m 4r~N~~F, y7~~^t ~41'~ ,`.uY S.a ,S i a..' PROJECT NO. $j.1 I pc , nl} CONTRACT No. I SI ` THE STATE OF TEXAS COUNTY OF DENTON S DEVELOPMENT CONTRACT XI Whereas, one : hereafter referred to as " Ls } Oxnerwhose business address is ` ,xM 6 i rr~, 3801 E. HcKinney Qenton, TX 76201 r+ - - - - - - - - - - - - 'r is the owner of real ~ , tip, ,t z property located in the ~ corporate limits of ,p the City of Denton, or it : s extraterritorial Jurisdiction; Whli:eas and Owner wishes to develop the development moat be performed In accordance with the applicable ordinances of the City of r Denton, hereafter referred ndtx t an,9 to as Cityn; 'Whereas, es a condition fit' 4 ,A to the be8i e~ ~ rs. nning ofq said duvelopm of nl ertp a development contract is re aicornedet toruct ion k+, ;I that all streetm, water and newer lines zt other improvements which are to ' drainage facilities andhe ' be x hereafter dedicated to the publico referred to as "Improvements ACB COQBCCUCCed in '~ryK"'',~ a;'•'t accordance with the City's specifications ordinances; and standarda and (select applicable `trkr qfa ! k provision as follows)~3'• °i l~ Whereas + , the Owner elects to construe without t the Improvements xF~:=l 'contracting with another party as'i,R y prime contractor, in r r -',k" Ct e. ~ - ! Zr a F ! ~ i + h ' ti•t ,Ily. % ~r " i f '7 .~ryr l .`r y ° a 5~ ~ a e M a }fy y 1 e ~ ' which case the provisions of this contract which refer to "Owner" ,~r,. I or "Contractor" shall mean the owner as named above; or XtXXVJ j Whete4gj the Owner elects to make such Improvements here- ~4 ^ # ~,AaI°tiafter set forth by contrac'cing with Jay-Mar Corporation whose business address is 9080 Hwy 2181 Denton, TX 76105 hereafter." , - ~ xa ' r referred to as "Contractor"; and Whereas, Owner and Contractor recognise that the City has an interest in insuring that the improvements subject to ibis b> t,. r n ~ e agreement, which will, upon completion and acceptance by the City, become public properly, are properly constructed in accordance with the City's specifications and that payment is made therefor; uITNESSETH L \ ~ qF ~ { a 1 i As to the Improvements to be dedicated to the public, ash;x 4°. specified in Exhibit A, attached hereto and incorporated by referencei to be installed and constructed at rlu t" ' Gl:ltotti Addition ' S,F~r r ~ w r ~ ? . r. k•tit the Owner, Contractor and City, in consideration of their mutual aka' promisee and covenants contained herein, agree as followsi 1. Covenants of Contractor. Contractor agrees as follows: (a) Specifications, To construct and install the Improve- s manta in accordance with the procedures, specifications and y r: PAGE 2 I w u;:a f ' r 1 „y a -+v-+^^" ^."•»r,.',e"'i5:.:.'d'lSSe151L~,1 wvn~'aatwl°`rtRl Miiil. sM:.1'YT Wtt 7lL~T^^'_'°'^-O:k•:dTU N.i.'~INFA+r,' t''. r~F~ . 1 iFw P 1 ` _ r1 to + i~';. i. _ ~ i. 1 yr{ 3 F. ~ 9i 1 1. I w~ J q M r 1L 1 1J•'J. Ai ~ ~'S 5 y Sri ~`~'.4 YY r~ • f standard cnnkalned !n p ivieion r II and III of the S ecificetions for Public works Construction North CeotraltTexaad0 w' C r r ae amendea, +nd all addenduma thereto, and al! other s,~~~ ordinances ors pacifications a regulations, r sFecifica ~'1 + } ~dI` applicable to each Improvements, such ~ } [iona, standards regulations and ordinances 4\*~~t^r='^ a; expressly incorporated herein b being of the agreement ea thou h writtY reference and being made ai' Ex x art g n herein, P (b) Authorit of Cit En 's Orders. inset lnepectionn That all work on 'the Im Teats and y rz c p provements shah b w good and workmanlike e Ferformed in a J manner and to k . Engineer or his representdtive. Tae City of the City ' the satisfaction questions Engineer shall decide all y"y'}~~ which arise as to the P, qudlit ' meteripla furnished Y and acceptability ~•E~ r , work apecifiri performed, and the iut tions. erpretati ' on c. f The Contractor " shall Eurniah the Y r t: representative with City Engineer or hie; " ever Y reasonable facilit whether or not the work performed y for ascertaining ~z, was S t1.~ in specifications accordance with the 1~k't,4S, sPPIlcable thereto, _ used without suitable Any work done or materials - inspection and re spection by the City ma placed at Contractor's ex Y be ordered pence. Upon failure of the Contractor .k ` to teat materials furnished to allow for inspection, wow, i to saris orll~ { k replace, if so directed fact y repair, remove or , rejected or materlels r unauthorised or , or t condemned w • ' ` ' to follow work any other request oc order of the City PACE 3 0 ,elf,. 'r. ✓~i@iRt.W.'4ltlttsyw.+wW.1r~w1..,.+s ~ T 5}. ~ { is ~ J ,f . j i y' ',1 ' 'I, Ali '~4 +~jY•, + ,A ~ P1 P ~ 141.: `,y ' qr y1 C+J' • a Y l•. u f Sy V 1 ti t • i~ i An i 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 Ts „ the satisfaction of the City Engineer, the City shall have no I ~ ter obligation under this agreement to approve or accept the Improvements.` (c) Insurance, To, provide for insurance in accordance with ~~t{,• the insurance requirements applicable to contractors as provided' for in Item 1,' r 26 of Division I of the Standard 5pecIficationif for Public Works Constructionb. North Centrcl Texas, as amended, the i provisions of which are expressly incorporated i,erein by 1~`♦', i' { r reference; provided, however for purpose of this provision only, , ;µl "Owner," as used therein, shall mean the City of Denton. " (d) Neana end Methods of Construction. That the means and fv+ methods of construction shall be such as Contractor may choose; subject$ however, to the City's right to reject any Improvements.", .1 for which the mean v $h ' s or method of construction does not, In the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications.{ ~a 4 2. Mutual Covenants of Owner and Contractor. Owner and t ~ Contractor mutually agree as follows: (a) Performance 8ond• Escrow A reement, That if building err', kfi• permits are to be issued for the Jevelo ent pw prior to completion +fi k PA,E 4 3 Mtt' ~k s , e Kul d'1.7Ki~y',~OA],klX4fit~,kii{'Ik~y$',~''M~'k7UKKi~ll~i+s~setlldl~,'1d.P~1Sr,~M.li\its"C.i~(A'd~'e~f3lr~'f~G~f1'LII:RU7P i i 'j R{ y le r y,r, c 'a i t r F 1 ZL .S'I'R i I it}>; J 4 r ~w ,oR~ t a .F, , L' i iy 1r{y~~ A [I1i~' I IiF i and acceptance of all Improvements that are to bededicated to the public: e performance bond in an amount not lees then the amount necessary to complete the Improvements as „J determined by the City Engineer, shall be submitted guaranteeing the full and faithful 1 completion of the Improvements meeting the T 'yf,'rt~,' ' specifications of the City, shall be in favor of i tAha City, and shall be executed by an approved surety company authorized to do business in State of Texas; or the D of (ii) if the coat of completing the Improvements, at the time buildingg permits are requested, is in an emount of 550,000 or less as determined by the City Engineer, cash monsy In the amount negehasty n spa.`, to complete the Improvements, as determined b City Engineer, may be deposited with a bank tas escrow agent, pursuant to an escrow agreement 1~' 4? insuring completion of the Improvements, Without exception, the City's escrow agreement form shall be used. `t1 4 (b) moment Bond; Assurance of Payment. That ~y14i ""`I prior to DNS, r, acceptance of the Improvements: if I,. (f) a payment bond will be furnished in an amount not lees than one hundred percent approximate (1 x) of the , a- total coat of the contract t cost of the r Improvements guaranteeing the full and proper protection of all claimants supplying labor and;`. t" r r. material for the construction of the Improvements, qtr ri ;4}' J, shall be in favor of the City, and shall be executed by an approved surety coopany authorized to do buafnEss !n the State of Texas; or t `v~ r (ii) If the total contract amount of all Improvements is less than $50,000 and a payment bond has not been submitted in accordance with (i) above, owner ? and Contractor agree and guarantee that any and < a 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 f satisfied before acceptance of 11, u, ,r• V, the x y i't a' t PACE 5 -J . • 9wl.fa.urF,r ' . R ••r•~•~•rRy~~~WArRRYI'aYi~lYN1Y'Ai1M\VVYM i{ ~.RFM\1,i✓tlp \K'uw MyeOMNgpA ~ `'1 A ' , RMm..nTKR+'IIT.'M+*Vygpynw+Y eR(' 'y`Y~. IN, ,1 l ~kk f .1'P1•~ MA 71 e l ~ v TF ~~r + tl .y> > ~fii 9, 4 Improvements by the City and that, prior to acceptance „s of the Improvements, the Owner and Contractor shall " furnish a written affadavi! in a form W+? Ctt r provided by the ~~'s •r , y Enggineer# stating that all bider charges, accounts or clai s for labor performed and materiel furnished in 1 ~ y+,' + connection with the construction of the Improvements r have been paid in full and that there are no unreleased recorded liens filed againat the improvements, or land r, to which they are affixed, that are to be dedicated to ri,r 'i the public. r That, upon the request of the City Engineer, Owner or e Contractor shall furnish a complete list of all subcontractors who performed labor onr or supplied material for, the construction of the Improvements, and, when requested, a written statement tcom any or { r,' each of such subcontractors or suppliers that they~ have been x,• paid in full, to) Netainauej Final Payments. (This provision ic) applies only where the owner and contractor are not the same party.) That k...'} as security for the faithful completion of the Imptovements, try » r Contractor and owner ayree that the Owner ►liall retain ten percent of the total dollar amount of the contract price until after final dr`y` approval or acceptance of the Improvements by the City. The Uwner1r ~ „ shall thereafter 'r pay the Contractor the retalnage, only after t Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due 11 4 for labor, materials # r pparatus# fixtures or machinery furnished ' for and used in the pertotmance of the work have been ms~t`ti pall or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall r . PAGE 6 gyp , y M ~ l y, " i ^~QC~'"~~'~~~tSh~+T4~b'aN~NW+~-V0.NSwt a~n.~s~rw.ww~,n wmw.~1 ~ , i F,a y w x , r A become the *Property of the city free and clear of all liens y claims, charges or encumbrances of any kind. If, after acceptance k; of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land Nk' 4 F,„ fy, dedicated to the- City, to which they are affixed, the owner and 12`a Contractor shall upon notice by the City promptly cause such ` claim, lien, charge or encumbrance to be satisfied ana celeaaad or w r 7 promptly post a bond with the City in the amount of such claim, ' , yli+k ' 3~a k, lien, charge or encumbrance, in' favor of the City# to Insure I payment of such claim, lien, charge or encumbrance, (e) Maintenance Bond. °~'»t~k"'{ That prior to approval or acceptance of the Improvements by the city, to furnish a maintenance bond in form and substance acceptaole to the City, in the amount of ten percent (101) of the contract amount of the Improvements, tnsuring (Mgf; the repair and replacement of all detects due to faulty material and workmanship that appear within one year from the date of ow r 1x , , f 6' a acceptance. The bond shall be In favor of tee City and shall be i executed by an a pprovetl surety company authorized to do business In the State of Texas, (E) Indemnification. To indemnify, defend and save harmless the City, its officers, agents and employees from all k; Sp suits, actions of claims of any chatacter, name anti description brought for or on account u( any injuries or oamayes received as sustained by any person, persons or t„ property on account of the ? . ,r , PAGE 7 tia1)", ti , a~, Ei ~..w,srtaw*AMP gMR VigRX'1M7'f~efJRT+iQAtlfNwMRla~waswr.s...~-.•_ -_~....y~dfifRV ° 3 ~ w k 4lr-.~c ."~ty'v `r ~4, fat 11~ cr t, ~ 4 4 operations of the Contractor, his agents, Ott ti+,' contractors1 employees Rr .E nr on accoufkt Cr 4 of any negligent sub-F s i= Contractor, his agents act or r employees or aubcontta fault of the .F of the Im Provementar and shall c►_ore, In construction c m F•Y any 3udgnientr w) ay be obtained coats with against the City growln • which damage, g out of such in7u r tY or ~ 7z1 (g) A regiment ~------_,~ontrol~i• That y agreement the ' shall to ~ Provisions of ,F contract l over any conks this ictir $ between g Provisions the Uwner and Of any + • of the Improvements, Contractor as to the construction 3, Occupancy. ---Owner further agrees Purchasers that Owner will any not allow J r lessee of usher wElhin the aevelopment until person to occupy any building accepted by the all Improvements ace fay Cityr and that completed and GEiy $3r000.00 upon violation thereu 7,k, pay as liquidated damages the r but f wlli oe deemed such approval of such occupant payment shall not ' Y and the Cit ever action necessary to y may take what- resttal 4, Covenants n such occupan:y, ti of CIt TI)atr Upon ` Imdtovementa propte com s, In accordance w Pletion of the ri' , accept the with this agreemenr `Q Improvements, the City agrees to and Governin `w, The partiest E' this contract shall bee herein a 9 t;+ nlorceaale agree that legal action in Denton County and to necessary rn co r Texas nnection Ef;' therewith, exclusive ' venue 5 l AG E ~ ' '~k{i321i1f,N RwiMr~ra+w,. r+......_. d e Y 1. 1 7-1 I Lr4, : ~i i' ,e`r~'L1' 'tf !t r•~~TaL. 1 ~ 4~. ~ a .S .yFa ka_t ~"~kk',. y e ]J I 41 F" ' 3 1"~ f1I shall lie in Denton County, Texas, Thir terms and provisions ofP r 4 d this contact shall be construed in accordance with the laws andrA;, F court dtcI o n a of the State of Texas. i r lea ~ b, b'uccessor and Ass+ins, This con.ract shall be binding upon ' and inure to the, benefit of the ' parties hereto, their respective successors and assigns.° ~R .I B1~ 1 r Executes In triplicate this, S4,t, day of 1 9 c i OWNER 4 CONTRACTOR toA, I 1 r s~I ! t BY: t ` jj. a I d „1 y 1'} CITY OF VENTON TEAS ~ ,~r ~ ,~y+y r4".~ I .1 L,I #Il ti,lp, BY: ANA'ER jfs s 1 ATTESTr + a' r 41'r? +0TON CITY SEC ETAXY TF%AS APPROVED AS TO LEGAL FORNt kr'"+ DEBRA ADAHI DRAYOVITCB, CITY ATTORNEY t s§,' CITY OF DENTON, TEXAS n BYt ~NC^~yyae ! 1 PAGE 9 ~ i c. I. 3 i " t r r; i r 1"o 710- 04 I 5 ` 4 / }V ` 1233L'~- ~ r ~ P . PROJEci NO. CONTRACT N0. V 4 ` THE STATE OF TEXAS S ESCROW AGREEMENT IN LIEU 1 , rx OF PERFORMANCE DONU ' COUNTY OF DENTON (Development Contract-improvements ski: +z of $50,000 or Less) 't" 1, sa ' hereafter WHEREAS, _ Bob Jones .tv has undertaken to develop property~~+ referred to as "Owner", ~t ar within the City of Denton, Texas, or its extraterritorial jurisdiction; and ; t to the ordinances of tho City WHEREAS, owner has, pursuan 1 Of Denton, Texas, ~hereafter referred CO 99 "City", executed a * ' development contract to insure that any and all streets, water C'"4 i'Yr+• 4~ 4_' and sewer lines, drainage facilities or other improvements which I` ~rt;Ft' are to bi dedicated to the public, hereafter referred to as ~r "Improvements", are constructed and completed in c~rrtrdance with tue specifications, standards and ordinances of the City; and y'. WHEREAS, Owner wishes to receive building permits for said royal or acceptance of +.r~, property prior to the completion and app ;x , `the Improvements by the City; and 45f WHEREAS, in order tc receive such building permits Owner t „ s ,K, may, where the cost to complete the Improvements to X50,000 or, f b 1 irr 01 )~~ar lets, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not less than the x, ~1 + amount necessary to insure completion of said Improvements; "Al v Y,, 1 , ~~~~yy uu r~n .v~c ,,:`~Sr+=`r'1R~T°L#MM1~P"'6R1`a.Ex't!ngN'='l1l.FUl h~l~Ilw~'^ A . maw L4.r 51 ' ,1 a , Y - f , 1' h t, Y l} t 1 ~r , r T ~1 pan Y ~ !r , i. j ,0 ` rNpt ' NOW, THEREFORE, OWNER, City :ad TITLE USA Company of Denton ' hereafter called "Escrow Agent", ' agree as follows: 1. Amount, Owner, as' a condition to receiving building per- s f mite for property located at Citliotti Addition shall deposit the sum of Fourteen Thousand Seven hundred Twenty Dollars and no/100 ' 11!720.W }xy s 0 in cash money, with Escrow Agent, said sum being r• in an amounts as determined by the City, necessary to ins re completion of all ImproveR,ents which are to be dedicated to the puolic; said Improvements being more particularly described in that certain development contract dated the y~h~' [ti ~ C*& day of t~ J LJNri 4 j 19between the City. Owner and owner's u,,~F{~~~ sYs,', Contractor, to which reference in made herein, K 4i 'r Z. Notice Deposit. j No building permits shall be issued s+ ai by City for the property herein described until Escrow Agent axR~„ ' % notifies City, in writing, that cash money, in the amount r, 4 c, specified herein, has been deposited its an . escrow account with Ascrow Agent 3. Release of Funds, Escrow Agent shall not release any or y°t t,. all of the escrowed funds until the City Engineer authorises the t` Escrow Agent, in writing, to release such funds as provided for +5y herein as Eollowai rti (a) the City Engineer shall authorize the release all the astrowed funds when all improvements are } paoE iryry p % 1w,... tv ti s ~ti N~k~f> k p + !k Y 1 t~~ 1 t completed and approved in accordance with 1 provisions of the developwent contract; the;} determination of which shall ba made b the City' Engineer whose Judgment shall be binding on all parties hereto. , a Q*u tiP~v (b) The City Engineer, may, but is not required to, d i authorise, periodically, the release of epvcified Sums of the escrowed funds to the Oy: ner if, and as, the Improvements are completed and approved or accepted b the City in stages, k 's iio long as the remeinin a~ not released are ,y ' ; hk ! -the i suffic ent to complete the remaining construction of the Improvements which have i%ot been but are required, to be completed and accepted or approved by the City, J J 3. Notices. Any notice to be sent, or required to be slat Li, '~+Z, or given under this agreement shall be sent to the address of P kl r11 i,ct 0 1 the parties hereto, ae follows: t r r 1'"F CITY: City Engineer t~ ' fib!{ i rq 4 ` • 215 East rlcKinne r • Denton, Texas 761401 F Tr(.~M1 4 •~1 14 OWNER: Bob Jones r~a~ • 3801 E, McKinnevk Denton, TX 76201,y,~.*` ty~ ESCROW AGENTS TITLE USA Company of Denton , ,i }i. i$ 531 North tbcuat, Denton, Tx. 76201 r 4. Fees. Owner agrees to pay any and all fees or coats ck j1° t charged by the Escrow Agent in connection with this Agreement, S. Nonll~ of Eacro~ wit, The Escrow Agent shall 7 t ~f 1j' have no responsibility except for the safekeeping and delivery t of the amounts deposited in the Escrow Account in accordance with this agreement, The Escrow Agent shall rot be liable for y any act dune or omitted to be done under this agreement or in s i ",y7`y g{r h PACE 3 ' ~ \et ~~~yik i 1 + • ~ bra r k +t1 -d 1 I ; - i ~ 1 y! J,/ l , n I ~ t' ~ , k+ s i g9y{yyl d PVr,?z tip, 1•: ~ r ~~F J~ ~t"{• 4 1` a " cli is*:~ h ~-Yr j,x a,i t Its I Ilk )IN 1 V g 5~ ,t r ,Una ~ ~ 'ph J . j connection 'with the amounts deposited in the Escrow Account ~a>'v except as a result of the Escrow Agent's gross negligence or'; krikl~"k. willful misconduct. If any question, dispute or disagreement kr7{ "y~;' fi arises among any one or more of the parties hereto and/or any other party with respect to the funds depositeA in the escrow?r 1 vx Account, the proper interpretation of this agreement, the duties rt ~r~~+~l+tav~,~,'YSF a•I of the Escrow Agent, hereunder or the rights of the parties to ,'`c+} this agreement, the Escrow Agent shall not be required t'a`"t ¢ to act and shall not be t~- held titbit for refusal to act until the ~r{ f`s r•~ ~ ' 141' 1 a~'7 a1. 1 •~1~J I' i'~p J+~i1i~.,. aM1 h tw question or dispute is settled, and the Escrow Agent has 'the absolute right at its discretion to do either or both of the?'"" following,, s Y t (a) withhold and/or stop all further performance under ^ this agreement until the Escrow Agent is satiefied by receipt of a written document in form and ~fEl a' ~~',Yf, substance satisfactory to the Escrow Agent and ~~fi,rr`a,', 4Y' executed and binding upon all interested parties ' hereto iryrx',t~~~; (who may include the subscribers), that the t1 question, dispute, or disagreement has resolved; or been yaw, k., (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris-1{~ diction an order, binding! r the matter, all parties interacted in 6. Successors and AeSLAne. ' i} this agreement shall be binding r~'x upon the Successors and assigns of ~Fr'1 the parties hereto. I 7. Venue. The parties hereto agree that if any legal action nR ~r ~..1 # ~ { N~. is necessity in connection with this agreement, exclusive venue r+ shall lie in Denton County, Texas. jt, ,l.i'I Vr l ~ iIll, '11' ~ 5+} YALE 4 yew{^~ ' 5 ^r.n t u 1 Y} A'a a, ~d l l~+X^ `'~(}►l.~WMl~U.oten" -^..++ru,*vrFa+a ' ~d' . >,P 4 nr Y ,JY ~ - a ~ t{ n ~ P r r +t•+,JY, ,1 ~ ~ " 1 r + + A err A "A 01 J ~".~af~~°' h~r~t r ~ v,^ ~1, i ..a , i~"t ✓!k ~,y~gK~,f rf~.,'. ,ry ~ , ' Y 1 1 I I '~~~1 Ti`s",r>'t'` 'iz •1,1j Y~' 1 i I a. Y I / I , ti r 1 r~ S 1 r 0 R , I t 1 - M y'" 'fit Y o f r +,~i r",I I~ I L t1 v a ? o I, r A K A A,'~ ~a a ' "i ' ~ ~1~~ h I M1f ~ '1 r "5~ c 1 y Y ,4, t 1 r I ~ 1<. 7'" { x 1 41 IN WITNESS WAEREOP, the said City, Owner, and Escrow Agent have signed this Instrument this Shr! day of v l°K tY~" y~~ L ~'r 19 f) • •'a~ '~t~~ 0. 1, k w+ f 4~4 I. CITY OF DENTON OWNER vtlW'I hn` t Bob Jones ,rd~{ rltn ,rt'~ Ix.~l EscROw AGENT ; 1~ I • } 1 BYt ~ a[al ,x rh~f' II ~M Tommie Tl~on, Escrow 0 ic2r 1V try { ~ It t\1~ I ' 4 r~ ry t p 1 1' ~ y~ 11 d~~l 1, ~1 I R M ~~lg t I ~ ~ h '1 ` A r I 'R ~ 1+ p , ~1 Y t r r 1 r i'. r i, L.I A JJ~(( py~ 1 o i PAGE S s ' Ir a ~1i;x21r ! ~ ~ rc Pa r~ I~f~'F I ~ Ik I~r ~ {t~ > a f r rt ~ ra r 1 " o nrn\u+latW.fcW*Mw~lrw?..r~ - - f- - e { ~•n~ > - • r ~v~ ' 'ika 'r r'+ti~{~, r a•i V V''r S I I 'Ii 1 3 1 I v r , } in .°~~p I.. n~•'{ 1 id ly: ii ,1 V~p°.. 1 I i It ~r r f Ih p t I4 r ~ " A11 ~y'." ~ r f ' p I) ~ y , r L , ~Yni' 4 IIaV it\~ i i I r ,r n \ Ihkfii {psi '!'~i3i S' 6k, 4. rc r: a 11~~ }t?l~}' I f a r. ~ ~'t~tjhy-,,,~, 1-„ r i a r1 LV. J rl 1 E y 'F 1 ! t`t P i♦' ra r ' Project No, } Pt'' t o rr, p:I; Contract OWNER'S AND CONTRACTOR'S AFFIDAVIT OF wa.' PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS V~ ` (This form may bra used In lieu Of a payment bond on contracts of $50,000 or leas as provided for in Chapt.n. art. 3,07 {A)(4)141 of Appendix A of the Code of Ordinances.] j That, pursuant to the provisions of that certain Development Contract entered into on the 19 , between day of ' ` II an3 -referred to here ~r--~--- designate t ere n ~4. Owner designated therein and referred to here n es 'Contractor', f161 y and the City of Denton, Texas) Owner and Contractor hereby r ^ 9"F submit this affidavit, and state, under oath, t? following, That all contractors, Subcontractors and other per- 1 } cyry~,r sons who provided labor or furnished materials I. connection with the construction of the "improve- n manta", as desig4nated in said Development Contract,? have been paid'!n full and that there are no claims, ments' or encumbrances existing against said Improve-,1" ~d e , or the land to which the .+;4 Y are affixed.~~r , OWNER i p ; ; 1 CONTRACTOR At „r r Jiz SUBSCRIBED AND SWORN TO BEFORE ME this t. ~r 19.,_,_0 by day as NOTARY PUBLIC, STATE OF TEXAS a,r' SUBSCRIBED AND SWORN ~0 1 9 by TO BEFORE ME this t Contractor, day of e ast` _ Lh+` r , NOTARY PUBLIC, es-SSI.TXT STATE OF TEXAS ' a `.ti~ a tip. r Y h i i".,. i 'S 5[$r ~l If , 2 'Y , JI 1'ti ~ { y $ z"t F e~ 1". a. JAY-KU CORPORATION June 3, 1981 w~ a ~ s QUOTI TUt 3 i J CONSTRUCTION CO. Attar, Bob Joner PROJECTi GIGUOrrT1 ADDITION I-35 4 Metro St. Denton, Taus , VNIT ITEM DESCRIPTION INIT PRICE TOTAL WATERt 1, 8x8 T86V(by City at Denton) I Ea M/A e~ N $Rr {Y ? ,ry} 2. 8 DR 18 PYC 198 LP 18.00 31564.00 3. V MI 90o Send 1 Ea 200.00 200.00 4. 2" Slovoff VAITa 8 Plus 1 6a 400.00 400,00 x, r 1" Water Service 1 Ea 200.00 200.00 6. Mech. Tmp Ssckfill 50 CY 4.00 200.00 1 TOTAL WATERt 4,561,00 SEWER? , 6" SDI 35 PVC 43 LP 16.00 6&6.v0 ;p4 2. Std. 40 Dig, NS(4' deep) 1 Ea 1,000.00 1,000.00° 3, Concrete Encasement 43 LP 14.00 602.00 1...;. „ r' 4. Mach. Tamp Sackfill 15 CY 5.00 75.00 5. Connect to Watina Manhole 1 Ea 400.00 400.00 y dA, TOTAL SEWERt 2,765.00 DRAINAfiII l',1 t ~f a rf 1. 24" Cl. Ill RCP 131 Ly 31,00 40061.00 r~. 2. 4x4 Junction Sor(51 deep) 1 Ea 1,600.00 10600.00 c 3. 24" Type E Meadvall 1 Ea 600.00 600.00 TOTAL DRAINAGRZ 60261.00 ~ CBANNELI t«.'T ~ t r','y ,u °I~'J, 1. Grade to Drain 260 CY 3,00 180.00 2. Vydroawlch 3500 Sy 410 350.00 r _ w k t 7 b`1 D~ TOTAL CHANNELS 1,130.00 to TOM WATER, SEWER, DRAINAGE 6 CHANNELe 14,720.00 io, :t i''l,ri lx 5u r ° -454, ~1,j v P 1 I. "i 3. ! t 4 u ~i+t11 i:. ILI { i ' 1 t 1=' ~ ~ 131` N ui a; z ON t ~ ~~~;jc 1 t r. 44 ■ l ~ ~`~J` rte. ~ ~ti•~'~i nr {uy 2, rs q ' r y i r r t y',~, r ~e ' r 4r i { 71 , C4 ^ v R vY r ; ;4Pr~ ~ 2 y {Fit i+1'~ "1 N-V • n,. gin' 41 • v; h Nrt' ~F r ~F i .M 4 r ~ LC~Y ~ 1 -Ummu h r j~r r y ~y ~.r FL 1 tirr i ~ 1 i. {yi ~ yy ~ ~wtr f r I~l y dry r ~ ~ Ys c ® ~ h v a r ..`s ~ y t'1 r. 1 ~td y~q iL; ~y1{f Yr tL 1 ro N r 1 ha ! 1 I r +b~~lrt J Y k i g r kA^6~: Z4`. M♦ e, Y h "t4 e, t 4 rt~i. r~1 r r 1 ~ Y 7 qq~r0 ' 14 1 .;.e, e , r lui~, ;x . naM~c~tliltlkAMTMMS1~~80liiM1Vgi'nd~zrw.unvacµw.~'n....._...- . { r iA. II a , ~y.' ~ I ` ( 5~ , ~i j~~~•~' ~4~ @ { ~~fy'hy.'$~ s, ~l',1~ ~~v` y ai ~7 tM11r.' I r ~ h >~N I„ d fi " ' l p"v rt ~ PROJECT NO. a, -i:13 w, THE STATE OF TEXAS CONTRACT NOr~ s°rk ya 4r COUNTY OF DENTON DEVE1,92HENT CONTRACT Corporation of ~N the Presiding Sishop of the Church of jesus Christ Wherlal, cf Latter=daq Saintlj' A Utah Corporation sole, hereafter referred to as " ' wner, whose business address r• SO Last North O u Temple Street' Salt Lake City, Utah E4150 is the owner of real property y located in the corporate limits of ~La y ~~I 4.r the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the ;development must be Froparty and such ;r , Performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to sa'CltY~,, ;f n 1 t and ; Whereas, as a condition to cF,e beginning of construction of a e 'development contracts ' , that all street! water and sewer lines is required to insure v (a hi ii y 11'1 1 V~ .f othee drainage facilities and i"° z. improvements which ■ro to be dedicated to the , hereafter public4~' ' t refeereG to as "Improvements," are o accordance with constructed in;'4, 4t the City's specifications ryf< standards ordinances' and<: . ,and a (select a pplicable p►ovision as follows] Whereas, the Owner elects to construct the Improvements Fop„ without contracting with another party as w prime con tractor, in ~k n S I " • . r. t „ MOI~pr~i'MMiFAifYVil04MYlI[~ i. f ti~ t. i. ti ~WA ~ tywp l ,1 , 1' B r^!5 ff'j l;~ r'.. tray ! 1S S 1t ~n{Y'.5 iC t dr Y~1R' !,R Y R 1 R~ t k '4. T f tl,t g x o` P ♦ q~"q~ } Y~„a it~• r ~5.,j~"SR Ys, ,ya " Wt'~5 ~J'! ,.i , 1 ~~4 1 G,n d 1 'J 71'.77 1.. , S 5 4, which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or 71-l Whereas, the Owner elects to make such Improvements here- 17 t" a ` y r after set forth by contracting with pack a Petersen, Construction Inc, t (t, whose business address iss~,` Z 11887 South 4000 West, Riverton, Utah 84065 , hereafter; 14; a` ? referred to as "Contractor"; and a, r Whereas, Owner and Contractor recognise that the City has and iy id interest in insuring that the Improvements subject to this 2 agreement, which will, upon completion and acceptance by the City* "~~1 become public property, are properly constructed in accordance v~ti: x< tis'> with the City's specifications and that payment is made therefor; nta,G i r r WITNESSETH r As to W% Improvements to be dedicated to the „ public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 3000 Old North Road Denton, Texas r~it the Owner, Contractor and City, in consideration of their mutu,%l promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as folloual pkldi t 1 : i (a) Specifications. To construct and install the Improve- dt a . ~ meets in accordance w .3 . with the procedures, specifications and 3 ~a phi, ~P. PACE 2 f a k10't M 7 ,~',r+~ r +M'' r n `,f ♦ 1 yp ,f e el:^ } N, `YwPI• wt h It, standard contained in Divisi>n II and III of the Citys Standard rA J l,~ Specifications for Public Works Construction. North Central Texas, Y;c4 . M ) p A, as amanded, and all addendums thereto, and all other regulations,' ordinances or specifications applicable to such Improvements, such y F~y specifications, standards, regulations and ordinances being ` expressly incorporated hei+in by reference and being made a part of the agreement as though written herein. 2ya' ti ra , s ~ I , (b) Authority of City Engineer. Inspections Teats 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 c,°ai z materials furnished work performed, and the intev retetlon of specifications. ra<< 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 ;i used without suitable inspection by the City may be ordered c, +s .r.Ira~ removed and replaced at contractor's expense. Upon failure of the Contractor to allow for inspection,, to teat materials furnished, to satisfactorily repair, remove or f, replace, if so directed, rejected, unauthorised or condemned work ~F. or materials, or to follow any other request or order of the City ~k PACE 3*r;` r y r > t' ~ P n 4 y ~.3 r , ~h L t~4{T r r I ~ Y 1 f L 'a y; r e v JJ , I nr, I v 4 ~ ♦ , q ~."+rN, ♦ A Au~.. r t { 1.. i q A , ul SZ .Y ' pr 36yz ^ a` Engineer or his representative, the City Engineer shall notify the ;'y, Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure to not remedied r~' I'" rr ` ~k r" k to the satisfaction of the City Engineer, the City shall have no 9 obligation under this agreement to approve sMi` h tips or accept the i provemants. 10. (c) Insurance. To provide for insurance in accordance with , the insurance requirements applicable to contractors as provided ~ rt *v . ~~tY for in Item 1.26 of Division I of the Standard Soectfic&tions for ~ Po21 Public Works Construction, North Central Texas, as amended, the " provisions of which are expressly incorporated herein b ~ ql~~,l1e~~i r, reference; provided, however, for purpose of this provision caly, vR "Owner," as used therein, shall o,!an the City of Denton. g: ,F. (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. 26 Mutual Covenants of Owner and Contractors owner and , Contractor mutually agree as follows s ~ ~r~ ~ ~"4Nd ,l 71 (a) Performance Bond; Escrow Agreement. That if buildingn permits are to be issued for the development prior to completion PACE 6 N„1 `7 cf 5 I• 1 V 1j~'; 1 'C,s a'' ^ . 1 r- 'v - '•r, ray r 1~~~ • 3,~o~l- tb s1~ °1 .4 rn~1 ~ ~11 .Z, `;.C ^ ~ ! 4~1`k~ ~1, !y1 "~q•`alf <~i r'~}~'~~w s i! i` i}5cy'-.. t 1 J W •b ' ~T li p.,. ,n`r! r 1 , J I and acceptance of all Improvements that are to be dedicated to the publics ~a,4,~• ~~~'t (1) a performance bond in an amount not lase than the b~ l amount necessary to complete the Improvements, as determined by the City Engineec shall be f}:. ' xe submitted guaranteeing the full and faithful completion of the Improvements meeting the F spaaIfIcatIons of the City, shall be in favor of t 0 4e tha City, and shell be executed by an approved 1>>~ surety company authorised to do business in the "q State of Texas; or (it) if the cost of completing the Improvements, at the a time building permits are requested, is in an "`1,``• 4 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 r;= insuring completion of the Improvements. Without ""~r +k exception, the City's escrow agreement form shall be used. ' r , (b) Pent bond; Assurance of payment. That prior to Est + acceptance of the Ice rovements: (i) a payment bond will be furnished in an amount not a`Er lest than one hundrod percent (100x) of the approximate total cost of the contract cost of the Improvements guaranteeing the full and proper protection of all claimants supplying labor and s material for the construction of the Iaprovementa,r` 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 (it) if the total contract amount of all Improvements is less than $50,000 and a payment bond has not been submitted in accordance with (i) above, Owner. and Contractor agree and guarantee that any and a+',+ all debts due to any person, fire or corporation having furnished labor, material or both in the N.;,, construction of the Improvements shall be fully paid and satisfied before acceptance of the r PACE ( ei P. r WJ, r ''f ~ ~ ,r ~ ~ 1 i ~ key + % vJ l N y. . ';n W x "j}r 1 , 1 F r'. s. r rp' r i 1 ' 4' "`.%p 1 L w I = ~ tti o b, ! i r ~ ~r i'< ~a .xy^c+ s ~ , ♦~t r w ~+r ~7 ~ ~rl hF s Improvements by the City and that, prior to acceptance of the Improvements, the inner and Contractor shall furynish s written affadavit, in a form provided w, accounts the Cit Engineer, stating that all bide,charoges, ccounts or claims for labor performed and material furnished In ~t connection with the construction of the Improvements ' nave been paid in full and that there are no unteledsea` recorded liens filed against the improvements* or land to which they are affixed, that are to be dedicated to y tho public. r h That, upon the request of the City Engineer, Owner or d° } Contractor shall furnish a complete list of all r` subcontractors who performed labor on, of supplied material for, the construction of the Improvements, and, when requested, a written statement from any or ty~k +.'r ii each of such subcontractors or suppliers that they have been paid in full. J (c) Aetainaaet Fink! payments. (This provision (c) applies only where the Owner and Contractor are not the same party,) Tnat as security tot the faithful completion of the Improvements,r"~, 5 rrr; Contractor and owner agree that the owner bhall retain ten a'r r, percent r+' of the total dollar amount of the contract price until after final .h k approval or acceptance of the improvements by the City, The Owned ' shall thereafter pay the Contractor the retainage, only after €,,1 E f.~1 Contractor has furnished to the Owner satisfactory evidence that 55.ir all tueebtsdneas connected with the work and all sumo 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, y, (d) Encumbrances. That upon completion and approti•al of acceptance of the Improvements of the City, the Improvements shall ~ y 1 ~ 1 y t ' X351 ~'r PACE 6 r. 1 f ° ( 1 .a ~ Aire ~ e d ,P x , ~~k °~rtiS~.l C .i~wi r++re+±~~► ~ R ~~Y 4 rl~, S4"1 t,A i k L v IA 1 , , ~1~ i~'"el~ ♦r~ hC.r 1 y, ~3 7• t~L. r Y • 4~, " 41 G. p4" ~~r~~F•ity °.i D • , J' .r1, ~,.r YL r l~^ t {ry fh 4lj Y, r, } It 4 1 y 171 4 ~ 1 ij ] ~l( ~9My 4~1 1 I . become the 'yroperty of the city free and clear of all liens, s Claims, charyes or encumbrances of any kind. Ii, after acceptance} ,r of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land 1 dedicated to the Clty, to which they are affixed, the Owner and S~<f. o~L` " for shall upon notice by the City promptly cause such 411 Contrac Claim, lien, charge or encumbrance to be satisfied and released or > promptly post a bond witn the City in the amount of such claim, 3"',+ , `t L4ak, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, Charge or encumbrance. rFy r,~I °EEya ;1 r (e) Maintenance Bord. That prior to approval or acceptance ~N t: ~s y t of the improvements by the City, to furnish a maintenance bond in 1r to[m and substance acceptable to the City, in the amount of ton percent (10%) of the contract amount of the Improvementa, insuring the repair and replacement of all detects due to faulty material Ue; 'P r +E' p'. and workmanship that appear within one yaac from the data of At R' acceptance. The bond shall be in favor of the City and shall be r„~ q executed by an approved Surety company authorized to do business Y N I', di 1 i ~ Y in tte State of Nxes. ' (f) Indesaniticeti_n. To indemnify, defend and save x, harmless the City, its Ofticecs, agents and employees ttom all suits, actions or claims of any character, name and description 4, brought for oc on account of any injuries or damages received as~ ; sustained by any peuon, persons or property on account of they, x=. ° PAGE 1?x N•1= - . _.-...,.•w:..xwuA.~tMR~FAI/A7fAYWIR11gi1 rfL t S 4 i a 11 ~101 a, I k . , S.. t F 1 'See v des 1 W ~ Stg~+ r':Y:k°,~°.r.i.y..~..'t::.3i~.u~.l ,w, ~iY1?i~Y"'11' z%^4 Sf+,rj,' _ ~1 I EE <~fi fl ~ I r `li,, operations of the Contractor, his agents, employees or sub- contractors: or on account of any negligent ac+, or fault of the w Contractor, his agents, employees or subcontractors in construction of the Improvements: and shall pay any 3ucgment, with costs, which ,.M r; may be obtained against the City growing out of such injury or 6 ~ damage. r~ ~ } ~%~l ` 3 ' (9) Agreement Controlling, That the provisions of this - d agreement shall control over any conflicting provisions of any contract between the Owner and Contractor da to the construction k of the improvements. 4 or, 3. Occupan_y. owner further agrees that Owner will not allow any purchasers, lessee or other person to occupy any building ~'R within the development until all improvements are completed and r, accepted by the City, and that upon violation thereof will pay the City f3,?OU.00 as liquidated damages, but such payment shall not e " " Zr C s A or. :;'eemed approval of such occupancy and the City may take what- z;+' " "'r r + ever action necessary to restrain such occupancy. 4. Covenants of City. That, upon proper completion of the ,y I Improvements in accordance with this agreement, the City agrees to x~ar+~.,r accept the tsiprovements. , ~ 'fit i S. venue and Governing Law. The parties herein agree that " mot'+I this contract shall be enEorceeole in Denton County, Texas, and if Legal action is necessary in connection therewith, exclusive venue w x' , v pages A~ &.; . 1 I.' JJ tt i ftil r~ N 7 w,z ti Y '4 1; 1 el r shall lie in Denton County, Texas. The terms and provisions of this contact shall De construed in accordance with the laws and court decisions of the State of Texas. G`l', a .p }Y/~~ ~ SY' i b. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto$ their respective successor* and asslyns. Executed in triplicate this, day of 19 97 . I i;~ bra I ' OWNER CONTRACTOR Ah Corporation or the Presiding Bishop Pack 6 Peterson Construction, In N rN of the Church of Jesus Christ of Latter-day a Saiote, A Ut~ CgrPp,ration Sole.ll~ t , BYi FA eb A • 8A KVA,, A401bR1jZ4 *t0V1- t aka J, t` rw»~ CITY OF UENTON TEXAS a I ~ CI Y AGER a' y;1t° ~.,ir ATTEST: t* + ,I ~t n JDA C t CITY SECRETARY CITY OEN• N, TEXAS; APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCB, CITY ATTORNEY M~'a CITY OF DENTONt TEXAS BYt 1YYYG ~41~ 4. y "I PACE 9 let''! I I 1 a ,I v f r7~ t~Ne t, Svt' r 1 y~~,`. tti r~ ~ ' ~'gfm {r{ ~,'4~ kt~ ~ Y b •r„ , ~.gA 'fir "''1"~ ~'y''K' ~~v "~"7A '4 4.~ 41~r ~qr~ ~ fff 1233E ''r r n f 1 S PROJECT N0. u4" + ' t'e 4. : CONTRACT N0. x1u, KL ~1 THE STATE OF TEXAS § COUNTY OF OENTON ESCROW AGREEMENT IN LIEU r; OF PERFORMANCE BOND (Development Contract-Im Provements~ t Lx , of s50000 or teen) Corporation of the Presiding Bishop of the WHEREAS, Church of Jesus Christ of Latter day Saints ,+3~ 1 x fw; , l after referred here to as "Owner", has undertaken to develop within the C!t Property 1 li L Y of Denton, Texas, or its extraterritorial , A jurisdiction; and WHEREAS, Owner has ~ t . ~ ~ w It a , pursuant to the ordinances of the City Denton e, J of , Texas, hereafter referred 7 ` development to as City", executed a k , contract to insure that any and all streets water and sever lines, drainage facilities or other improvements which 1 y J qtr, ~ I r. ~ dye are to be dedicated to the public r hereafter r d A "Improvements" eferred to u y , are constructed and completed in accordance with ,E•4 the specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said r. h property prior to the completion and approval or acceptance of lir the J 4 hq,~ Improvements b r. Y the City; and ~tS> • ~ I WHEREAS, in order to receive such bulldin rt ~t f4i S permits owner may, where the cast to complete the Improvements is $50,000 or ' r;. leas, in lieu of Posting a 4~~ with Performance bond, escrow cash money jfq a bank as escrow agent in an amount not less than amount neceesar the , y to insure completion of said ImProvementa t c141F' i~ 4 .i M a 4 ' , Pte R~FRaiyk.,epprnr~. \ s ^ I ` e ' + t 1+ y r J - o I NOW, THEREFORE, OWNER, City and Citizens National Sank of Denton ~i'y, ,yam + pR hereafter called "Escrow Agent" agree as follows; ,c 1. Amount. Owner, as a condition to receiving building per. > i mite for property located at 3000 Old NOrth Road, Denton, Texas al r<`r? i' shell deposit the 1'~? sum of _Eleven thousand, six hundred four and 50/100 dollars 1 1~ ,a ` (3 11,604.50 in cash money, with Escrow Agent, said sum being'.` e % in an amount, as determined by the City, necessary to insure u completion of all Improvements which are to be dedicated to the public; said Improvements being more P ~ particularly described in tf~, h. J that certain development contract dated the day of %TJN~ 19between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be issued 3 g by City for the property herein described until Escrow Agent "';IA , r 1„ SKr Vi` lj~ notifies City, in writing, that cash money, in the amount wt'',+ specified herein, has been deposited in an escrow account with ~k Escrow Agent. 3. Release of Funds. Escrow Agent shall not release any or ^a~}' r rt. °,Y Ya all of the escrowed funds until the City Engineer authorizes the , Escrow Agent, in writing, to release such funds as provided for f herein as follows: leyft t ' (a) the City Engineer shell authorize the release x1; ~a all the escrowed funds when all improvements are f»y":~`' 6 4p' ~rr rl t~,~• PACE 2 fly ^ r ; , ~4;,• I 11 1 , Jr' it Y, yl.: , 77 try, r , F71 It It ` z T} Y ..F S ! A r a w jj+S t a t r t s 5 L. 1 I~ X ~r{"y'~~ . rs:.F?~,~~ r .ir.. Nc-r ,'4` 5'x'. d Y.!i+~~x heir 4 • Li. ° 1 - , r; t ~~y,tit k, R i :f m 4 r completed and approved In accordance 4, ` ' rA provisions of the developQent contract; vita X5`1 determination of which shell be made hy the City Engineer whose judgment shall be bindfngrc` :54 a3 J ;S .~o parties hereto. $ on all ~3~ r~ +r ' ' (b) The City Engineer, may, authorize Y. but IS not required to,r, , periodically, the release of specified sums of the escrowed funds1 HYy Owner if, and as, the Improvements are completed ?N" and approved or accepted b the City in atagaa, so long as the remaining funds not released area' sufficient to complete the construction of the r3, remaining Improvements which have not been, but. are required, to be completed and accepted or approved by the City. LN~~1, it r ♦tY, 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the ytr address of the parties hereto as , follows: ti CITY. ' City Engineer 215 East NcKinne ran y 1`y f~ ypt~ ~ Denton Texas 76201 3 s OWNERt" sI ESCKOW AGENTS Citizens NstiuW Bank 0 tonBoTexas776202 4• Fees. Owner agrees to pa ' ~Y. y any and all fees or costs charged by the Escrow Agent in connection with this Agreement. S. Nonliability of EserowAaent. The Escrow Agent shall ;x•4:r have no responsibility except for the safekeeping and delivery s W r. >~e of the Amounto deposited in the Escrow Account in accordance ~,~tY ak with this agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or In Y~ PAGE r ,*~ui A 1 '41 j 3 { w a F~l ` f , l I§]Oyq .M, R F, ^ fro. py T F - l 'yl,~pj t `byL ~ ~ ~ F 1 l e a ,b 1 J rr I ~ .~J y 4A r i'k"W ~Y~~~d~9 r,i.~5a• yr rp,& t J. ° ' ^ heyy + r rr,r w connection 'with the amounts deposited in the Escrow Account A K rr~ 1 except as a result of the Escrow ' t>' Agents gross negligence or t`= willful misconduct. If any question, dispute or disagreement erie2s among any one or more of the parties hereto sod/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act1 ; rya. and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the 4 absolute right at its discretion to do either or both of the ` followings ' (a) withhold and/or atop all further performance under"` this agreement until the Escrow Agent is satisfied " by receipt of a written document in form ands r e substance satisfactory to the Escrow Agent and ~$t executed and binding upon all interested parties % hereto (who may include the subscribers), that the question, dispute, or disagreement has been Y l ~ I. r resolved; or c (b) file a suit in interpleader and obtain by final's 'k, judgment rendered by a court of competent juris- diction, an order binding all parties interested in rl" . the matter. 6. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto.'' s.~ " 1. i. Venue. The parties hereto agree that if any legal action Is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. :r 41 I}yu ~ t 11, f Y1 PAVE 4 :J, k f r. ~r~ 1 t X11' r. l Y i; ~t J } .rV .7rI M f'~ 1 yrrr, 1' dkY+~~ Y~ - (*1~.1~4 'c y '~•a •+'~tl ~r1 . it lN.• + 'r hy.~ ~ 4 v 1 f k Y s -y ~ r t~ 1l ra r tl r~1 ~y ",Y'. 4 s~~ ~ w Y1~f j a r ~ Y Y+~ ~1~i 1 I1;, ~l ~~a~]F~r f{h' IN WITNESS WHEREOF, the said City, Owner, an scrow Agent ,),ta~a, 3'~, ~ ,lter,',r have signed this instrument this (s day of l N~ ~V CITY OF DENTON OWNER br,•ntlw d W hulQ•, 141.4 a •M Qu"b •f 1° ti ~,1 Juw ~rl •t d Lua~4, Itleu• > Yt•A Gr,nrn la wL BY: ~cs BY: F RE A A. A,4KE , u-,Wt26p Ae#rAT' Fir , k k' ESCROW AGENT CITIZENS NATIONAL BAY: ' f Ij l, , BY: Robert W. Cochran, Chairman/COO t') 1V~b rift 31 ~ ~ v r 44 .,i. ef.tt N) RI i 1+~ l ~~~~7 rY pay , ✓ iS,~~ 11 V e ~ r ! i n +lt h ~ a i~ ~t + 1 ~~r~~*1++~~rb rti) r ~ ti ~Na g r. o ' ' i 74, e PAGE 5 ~ V O+kT 1~ '.4 1 , . + r r•a.•weaw►!Aw~N.4M1Afl~l~4N.I.srr • ~ . ~ ~ ` 1 ` . ' l ! In ~ ) t. ~ 1' A•M • I r . ' 1 . e r r ~ }a w I V p. I ♦ ~ J1, i.l. t . ] , i • w ..4.. I jR ~ t ~ ,I V. t .~,i . •1 -~~v^a 1 a~ , r~ p' yyS 4~! + ~ ~ r Y,' r a'vU S !f t w , 1 - I J rt L y,l~] { I + P),LLIMINARY CONSikUCT'ION COST E591HATl a COMPUTATIONS VATMIN! AND CONCkM SIDMALk CHECKED 4 0i It "fit k, t THE CHURCH OF JESUS CHRIST OF LATTEA DAY SAINTS DENTUNs TEXAS X AW 1991 ~"r ' lJ k PI 1 PHYSrCX FMMITIE3 YJ+' 339'; EATER"1.1: BOUTMEST "CA r,; c 6" C-900 DR lb waterline 405 LF E b.')D/LF $ 3,240.00 ` Fire Hydrant 1 LA.@ 1.100.00/FA. 10100.00 t.` `A~"la Pavement repair 40 LF S 75.00/LF 30000.00 Y~,~rt;"t 2" Water setvlce (copper) A EA.t 275.00/EA. 550.00 tt s,rl~a' SUBTOTAL S 7,390.00 s 9 5 `r 1 I I° ' CONCRETE p 4' Concrete sidewalk 4' wine 1615 SF 4 2.30/SF S 30714.50 1 r i i ~w r 'Il4 SUBTOTAL = 3.714.50_VI' ' i ~ ~t9;+ J r}d ~YS~~f,l f µ r° "TWAL $11,604.50 i 11 tIAI I rrsr `S°, 60008 nOt includf itsPectiOR fee's IOr the CItY OI Denton. '1 ~S+I' A.l r ~y , " I t Prepares Bye 4 i~ys 1<I~ "'nom ,.rtiti I , l,I ~i t Date e_ I IV, i:~~la+r..l~! 5;..,;1 ~ rid ~ :v' .mow _ '7~&: ,1' I All + r I> r v F a } ' . 11 BQ ~lJ,'L/I~~ Vow IVt~om G ~~.l f'. Ci'l ~,l`•L~ ~ ~tifAli 1 ° ! t rti~, 11 1 r6'Sa, Slr t tai, 'r ~~i ylj l v + L n gStY/►J AGeN~ 'IV Cooj04t/ 5 73 -'Z(oge t c' ~x ~ r s ° Glrli~ly Jv47. i- + r r, J~~,S , i r~'~i { ji, ..:.i.w...rrJ..ay.Fl+erM+'ili►vr.n....~.~ _ S,. 3;r I 1 Mlll~a~faaaalf~ t ~fi y;•, .C! ~ J,jr~ ~ f r~iN ds r k • L i, r r? r. t~~a~ 1. i .t ! 4~ i,~ ~ ~ q'a k5 gym, 3+ j~qr y~a~ 4 3h~'' etd~j i !y k si a r gyr<M ~ 4 3 s~`, rt , 44 F , r5 ~y.' E ` p rk, 4 ~F .C ry OIL + ...i ~Y 1 p fly oA~fT t~< l'i~k q ~ e . F 1 , ~},k. ~ i~~4 y.y~ M~?i S.':; ~~+1 + ri ati r~ +~~+.~~c~ Y~~ .A 7 :•fi~ ~"4;~~ ~ ~.'wr, r..~ k{ ..t sxeyr~ Iz ~.Tf L ~ r PROJECT N0. CONTRACT N0._ISS 're[E STATE OF TEXAS 9 , DEVELOPMENT CONTRACT COUNTY OF DENTON § r y- Whereas, " hereafter referred to as "Owner," whose business address is 14 rt Aatn~l~w 4Yeeyar I~"r~w~ '1'4Xa■'"'+'} e':A ' ~,r fl ~e~r~ , , S fi *,a Is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and r+ TS` ; Whereas, Owner wished to develop the property and such development must be performed in accordance with the applicable,' ordinances of Lhe City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of 11 said development, a development contract is required to insure `ttA+ that all streets water and+ sewer lines, drainage fe.ilitiea and 3e~` Y t F. I'. other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in t{ti accordance with the City's specifications, standards and ordinances,, and (select applicable provision as follows?s t { . M d „ I l Whereas, the Owner elects to construct the Improveaents without contracting with another party as prime contractor, in 4-MAWMA, V611101,01 0111431 , 14" 7 s I LH . iH 1 P 1 r1.!! , fir' „vti~ l53 ' r''i ~•f , r' - ~ s ~ s " ~ I, Y ' ' y p.1tL4 y" ,~~,yy 4''A r"~ 1 i) 7 ' ~ k ^t 14, i e r~ffc f ~ Y~jY rY •YM s~" f rwhich case the provisions of this contract which refer to "Owner" r' or "Contractor" shell mean the Owner as named above; or ( ) Whereas, the Owner elects to make such Improvements here- after rat forth by contracting with w.e!oy d ' whose business address is Rmlts 6. Roses, ,*~eaon.s~■ gbQ26 , hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an r j' r t r v1' interest in insuring that the Improvements subject to this rt i l NO- agreement, which will, upon completion and acceptance by the City, }trp become public property, are properly constructed in accordance +payT'w with the City's specifications and that payment is made therefor; 4 i 1 iY.Ytl I~:. WITNESSETH(pln ~~,i 4irT* ~ I i.n , 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 _ th, rear At et„ ImDma ds Restaurant m the amner of Cendolph Dr A Wilshire Le $4 In Yr4q ~.;i ~••rn ~4~.. _ Dffitma Toone 0 the Cramer, Contractor and City, in consideratiun of their mutual 44;hv promises and covenants contained herein, agree as follows:i x w d , `L. 1. Covenants of Contractor. Contractor agrees as follows; a~tlr Y, (a) Specifications. To construct and install ttie Improve- ments in accordance with the procedures, specifications and ±.ix I t PAGE 2 4tgya ~ r.Y1ry:~4,E! ~ Irk, '9 k Y 'y t', gr J, r ` ~ yyI i J4 . L e ♦,1~ kh ! 44 y AYR N~d"~ 1 `r 11 l ~n I < y , J t (er I J ` 1 h1M f+lp X standard contained in Division II and III of the City's Standard i ? Specifications for Public Works Construction, North Central Texas, ' as amended, and all addendume thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such it specifications, standards, regulations and ordinances being ~`4t1 l 41 expressly incorporated herein by reference and being made a part ,j>~,,f ' r 1111 of the agreement as though written herein. ~'S v rl. ' Y (b) Authority of City Engineer, inspections, Testa and Orders. That all work on the Improvements shall be performed in aY,~l` ' P.,~ good end workmanlike manner and to the satisfaction of the City ti Engineer or his representative. The City Engineer shall decide all 1K,d f u+~'•, arr a questions which arise as to the quality and acceptability of ail + materials furnished, work performed, and the interpretation of ~I w + specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable f+cility for ascertaining whether or not the work performed was in accordance with the,i 4 specifications applicable thereto. Any work done or materials FtY~ ` used without suitable inspection by the City may be ordered } removed and replaced at Contractor's expense.',.e ! Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or r replace, if so directed, rejected, unauthorized or condemned work rt i,4 L t~ L+) i , or materials, or to follow any other request or order of the City Y ~ 4 t, PAr,E 3 f n A . S ^.>g.P t C;i"X l'~R'R ^M' w'r...r.~....~.-. . r y , 1 Ph s ~g,x Yx , yr . r R a `1 +.4 .s {~Y Y,`~.y ka E y s. l:~$~ li+-Y S71~rr~R~~,.r+"sy~ .yy ~ s r 'S f Is: rti Y+3y. 1t~, s'.. lx S tYpTR!,~A! r~+~},~~ i'. ° el Yld=t `~S^91 ,r's~ I.i. Ile r ~ 1 l 11 1 SY r Rl ~ ~1 f A,s Engineer or his representative, the City Engineer shall notify thy.S`77 ~a i k 44 w;I owner of such failure and ma Y suspend inspections of such work until such failure is remedied. If such failure is not remedied ;p to the satisfaction of the City Engineer, $ 6 ti}li~ the City shall have no obligation under this agreement to Nk`k R ,r a rov tT Improvements. PP a or accept the ' (c) Insurance. To provide for insurance in accordance with tthe insurance requiremerte applicable to contractors as s } for in Item 1.26 of Division I of the Standard SoeriEicntions provided dublic Works Construction North Central Texas, as amended, the rl- t` " provlsicns of which are expressly incorporated herein by !h t i, r reference; provided, however, for purpose of this provision only, .'i Owner, as used therein, shall mean the City ref Denton. r~ x"? (d) Pleans and Methods of Construction. f That the means and ~A r methods of c onstruction shall be such 14~Y 1', as Contractor may choose; >j subject, however, to the City's right to reject any Improvements A for which the means or method of construction does not, in the + i~ judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. e~ 1o Mutual Covenants " of der and Contractor, Owner and x {l` Contractor mutually agree as follows: f1~ (a) Performance Bond' Eecrow Aare`n~, That if building permits are to be issued for the development prior to completion r, PACE 4 " L a f 1 r rl 00 A rr r ' V Y rr j' c i sCi. h " ' i`t ` e•} era r++~j r nt a f} x"ri d r" t' i t -p4Y7, ~A 4 s Ali 0 X45. ,N.~vx ,,'v yb wn i~ v'+ta'S i`.f $ a nti ~r e _ hx. k;~ A ` 8 t { 7, f and acceptance of all Improvements that are to be dedicated f Is 4+ o'+ public: to the ~ a performance amount ne bond In en emoun cessery to tomplete then Improvements less than the determined by the Cit h submitted guar ateein Y Engineer, shall be ° 'lea S completion °f t 8 the full and fai st,,•S s eciflcations 01 the It rovementa m eating the sure[ Y, and shall be executed in favor of Y company authorized by an State of Texas; approved to do or business in the (10 If the JOE f time oat of completing buildingg the Improvements $ YL 3 amount of ~SO,c0a0sh Permits mo are requested at the City Engineer leas, as detettoined bin an } complete the Im ne provementen the amounts City sary t`h 44 1, nece v Y Engineer , as determined b escrow egent,~ may be deposited with by the Pursuant to a bank as Ik y, insuring tom escrow let on of aut exception, the Imp rovements. agreement e used, ' t e City s escrow a witho r td b greement form sh ll `+l f O Payment Bond; Assurance-- e - Pe meot. ` acceptance of the Improvem - ents: of That Prior to ','-yh f fps.. ' a Payment bond will 11 „ ;i sr less than be furnishes in one unlrl approximate totelhc°steof percent (1001jm0oft not Improvements the contract coat the siR#7 7 ' protection of g~tjenteeing the full and Of the claaltd material for th pP1Yind labor and shell b of the Im p °and s° ' 171 • e construction r. executed by favor of the Cit provemente, Y an approved surety rY, and shall ba to do business in the 3tete of TexeaP;aot y authorized x' (!l) if the ,t total contract amount N~ is leas than of been aubmittedsln10 a`d a payment all bond Improvement j and Contractor not a8 eeoandnce with (i) above, Owner all debts due to an guarantee rm that an having furnished labor arson Y and firm or corporation construction of the ' material I or both a paid and satisfied mprovements shall be fun the before acceptance o£ the ahs ~i~ PACE c yir r -_-~.'"•'~+~'7"i7Yaefr"ww i. r~ v It - ti. t o i i#' is ` Y ti r nl Yi~\I aj i I x I 5~ ~ W f ~t 4'~Y t ~ [ ! { s alt 9 ,\1' nn . V ~ s1 Improvements by the City and that prior to acceptance Of the Improvements, the owner and Contractor shall w~ furnish a written affadavit, in a form i Provided by the City Engineer, stating that all bide, charges, accounts or Claims for labor performed and material furnished in r connection with the construction of the have been paid in full and that there are noIrovements munreleased x' I recorded liens filed against the Improvements, or land 1 to which they are affixed, that are to be dedicated to the public. Tnat, upon the request of F the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who a° t` performed labor on, or supplied materiel for, the construction of the Improvemente, and, when requested, a written statement from any or t each of such subcontractors or suppliers that they have "w been paid in full. K.F,t (c) Retain!jei Final Payments. (This provision (C) applies 'iSA J only where the owner and Contractor are not the same (4 y" party.) Tnat as security for the faithful completion of the Imp p y r~ a rovementa Contractor and owner agree tnat the owner shall retain ten percent of the total dollar amount Ot the contract 1M price until after tlnaF approval or acceptance of the Impruvements by the City, The owner snail thereafter pay the Contractor the retainage, only after ' r Contractor has furnished to the owner satisfactory evidence thatr t.f ,1 ftT all indebtedness connected with the work and all sums of money due `s for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or k otherwise satisfied, is r,y I' it (d) Encumbrances, That upon completion and approval or acceptance of the Improvements of the City, the improvements shall kk, try 1 { PAGE 6 #F - ....mar x s M~9Prt'4'n'I°i,fi.l 9 i " L\~ OMAN LOW >r 1. u 1 t .i,. s , L.:. Ai, lQ M yiY 3r.. become the 'property of the City free and clear of all lieu, ~i.4. claims, charges or encumbrances of any kind. If, after acceptance of the Improvemente, 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 satie'1ed and released or t1( promptly post a bond witn the City in the amount of such claim, F Y lien, charge or encumbrance, In favor )f the City, to insure n payment of Such claim, lien, charge or encumbrance, (e) Maintenance Bond. That prior to approval or acceptance ~~zH~ Z`x l i I V j<° j Y of the Improvements by the city, to furnish a maintenance bond in YJ 1 form and substance acceptance to the City, in the amount of ten t:4y percent (1011 of the contract amount of the Improvements, insuring 2y+ 'k the repair and replacement of all detects due to faulty material ! and workmanship that appear within one year from the date of ~~f~~~rl 4A acceptance, The bond shall be in favor of the City and shall be ~~~111 executed oy an appr9ved surety company authorized to do business in the State Of Texas, t (f) Indemnification. To indemnify, defend and save harmless the City, its officers, ayeats and employees from all suite, actions of claims of any character, name and description brought for or on account of any injuries or camages received is n?fi,, sustained by any person, persons or property on account of the + ?AGE 7 bad . ,.-nmyru mgrHax•R+as4AVUwrwa............ r \t, p i~ Atty. r 111 1~h ~n FS ' aperationa of the Contractor, hie agents, employees or sub- t contractorai or on account of any negligent ace or [a,ilt of the " Contractor, his agents, employees or subs ontractors in construction Of the Improvements1 and shall pay any judgment, with coats, which may be obtained against the City growing out of such injury or damago. (g) Agreement Controlling, That the provisions of this agreement shall control over any conflicting provisions of any contract between the Owner and Contractor as to the construction of the Improvements. M1 4 ~Tr?J 1 r. y 3. Occupancy. Uwner ,x further agrees that owner will not allow ~ E"r r r+r any purchasers, lessee or other person to occupy any building within the Development until all Improvements are completed and zh~ e n hr accepted by the City, and that u eon violation thereof will gay the City $3,00U,00 as liyuidatva damages, but such tr payment shall not oe coemed approval of such occupancy and the City tray take what- g0\f t `r. r'~ r ever action necessary to restrain such occupancy, 4. Covenants of City. Thato upon proper completion of the Improvements in accordance with this agreement, the City agrees to e;:cept the Improvements. y~lt r h`d 4 ' 1 r t Irc S. Venue and Coyerning Law, The parties herein agree that 1 this contract shall oe entorceaole in Denton County, Texas, and if , xi t "I.f Gi y legal action is necessary in COMeCtiOn therewith, eXC1USiVe Venue 1 F PACE 8 'rrrt.,rye!~lp~et..,~nm.w•n1MV,+.w,...~...v-.~-....e.-...,~,.„.,+Y. I S c K rt Nit a~ Z shall lie in Denton County, Texas, The terms and Provisions of ~ „ . , tr a this contact shall be construed in accordance with the laws and court decisions of the State of Texas. - 6. Successor and Assigns, This contract Shall be binding upon and inure to the benefit of the parties hereto, their respective F 1 successors and assigns, Executea in triplicate this, 20th day of _Auguat o}ti; 19 67 . l ¢ w , ± OWNER CONTRACTOR Y F 1~~5a y5'( ~ BYt RY t Z ' ~j~7 11 i..l ~f s n CITY OF LENTONf TEXAS `y^ aa, } klY ~ 4 N OCR t,FG " to ATTESTI~~~ W~Nl CITY C OF ENTON, TEXAS S CRETARY y+" y APPROVED AS TO LEGAL FORMI DEBRA ADAM DRAYOVITCB, CITY ATTORNEY ^ s, + CITY OF DENTON, TEXAS SYI ~~/~<<1 U ' '1141 r nr r , PAGE 9 r' c"fit P1 t .1 Vi v i• 't ,n 6j1" 53Q ~1 S•E ' r" "5. ^ v yn 1 J d < t~ U~F r ~~b f~a 51! Y v '_R r~ t ° Y McCoy Construction r Route b Box 340 Burleson, Texas 76028 t Phone 817477-3373 ; August 6, 1787 tr' t Corttfied Enterprises I21.6 Greenhill r; Arlington, Texas 760141, ry ~ The following to a contract price tJ - per your request, 6 X 6 Tapping sleeve anti pox ,r 6 r 6 Tea $1,187.50 6" Plug 437.50~~, 312.50 , J 6" Gate Valve anrl bnx1 562,50~~ Fire Hydrant ' 100' E" DR 19 1,062.50+i;` { 20 ft. Joncrete encaeg,R'ent 1,600.00 `ti• ` 77 ft asphalt replacel;!fint 6z5'0~ ors ' i Sand 11133.00 k t ~ r,Rl y~ r; ~al'A 250.00 r• ' ~.vl Rf 125,00 " a m Ask' I } Total ~ 5 "y R , 3 ~,~t!s s y 5.0 dr, ptfec ircli. r'rt. ali t•."or, tnrtr.l .r.`' o:,ni ui ~ir: to co "Iet^_ t'll! ",t a'o k F, ~t,,~F r~ ~r~~'t'. ~ ~S~1v 1' , rl t~tc,; 61 ;'M + I r iC' r} d.0 ~.y" t ra "e ~ 1~.1 4 1 ~154,1vi~ ! H 1f ty1 ,vr ~~t ,I ~ ♦7S Rat ~ ~R,K;~• 1 j { SRb~ d ,'r l~l'9 y't ~ 4•.~ ti~ ? i F t 's ' I gy[ry n 4 y a +J ~i° t .:i, e• ...~X~t r", 4; ,t. ' t -'.'va it r •',(a~y~ j v.a ~ I Ada +1f' I' , ~aT .v a~{ 4 TV 'hY,R FRY .5 ~1 , l+y 5 I 1233E~~ Y I cW iqJ, r 'B 3 i e PROJECT NO.r CONTRACI' No ' THE SPATE OF TE7CAS "OUNFY OF DENTON ESCROW AGREEMENT IN LIEU J (DevelopOF PERF'KMANCE BOND .6N ment Contract-Improvements of $50400 or Less % 4 WHEREAS .~ldr Cdrootrticn ,dr%t referred to as , hereafter y+, Owner" , has undertaken to develo 7r0 "t within the Cit p property y yN: y of Denton, Texas, or Its extraterritorial r jurisdiction; and r -4 5 s h.Y WHEREAS, owner has Seri„,, ; by . pursuant to the ordinances of the City of Denton, Texas, hereafter referred ~,y,~r G, •9 co a Cit " ~p Y , executed a RytM , development contract to insure that any and all streets, water ~y 5 and sewer lines, drainage facilities or other improvements which jjjj I? r 3 ti^"4+ are to be dedicated to a " the public, hereafter referred to as "Improvements+, are constructed and completed in accordance with the apecificationa, standards and ordinances of the Cis y; and ~ re,• WHEREAS Owner wishes to receive building permits for said + It I IN o property prior to the completion and approval or acceptance of + the Improvements by the City; and • WHEREAS, in order to receive such a C building permits Owner f may, where the cost to complete the Improvements is $50,000 or lees, +Iw I,. ~ in lieu of Posting a t,f:r t,,; 4 t performance bond, oscrow cash money with a bank as escrow agent t.n an amount not less thin the tyryh amount necessary to insure completion of said Improvements; 1 Y ~11 >I 1: , ~yyy..>N f 1 CK * . . ~ iT'KtfR'!w! !!u b18ti C3~3•PFry,;.y Yx.._._...._..... rI MY'~+Wt r( S 1 I R r Npj 1 , . f~ ~ .~d"r At%~ ` aY~~'~4 tr'' I . • ~~r Y V~t yy k Y y~ V~Y• ;J. NOW, 'THEREFORE, OWNER, City and hereafter called "Escrow Agent", agree as follows: ",rt r Amount, Owner, as a condition to receiving buildin:a g per- mite for property located at k+. shell deposit the ' sum of - t' 8+~dred and Ssrestsan Dollars and Pitt Centel -11i817~1¢~), in cash money, with Escrow Agent, said sum being in an amount, as determined by the Cit Y, necessary to insure completion of all Improvements which are to be dedicated to the ` Y publics said improvements being more particularly deacrloed in 33„ tea that certain development contract dated the a day of k , rah' , 19, between the city, Owner and Owner's Contractor, to which reference is made herein. 1 s ti c 2. Loticeof No building permits shell be issued by City for the property herein described until Escrow Agent ~~}t notifies City, In writing, that cash money, !n the amount specified herein, has been deposited in an escrow account with vtgr ~a Escrow Agent. ° 3. Release of Funds, Escrow A'" gent shell not release any or III of the escrowed funds until the City Engineer authorizes she 41 ` P Escrow Agent, in writing, to release such funds as provided for r~ ' herein: as follows p r (a) ens Cit all tie escr owed autnorize the Improvements release are ~t4 i~ P ' PAGE 2 ; ° a I 4 r-.: a.-. .~e t t M y , n,. . - >AA ti~L ti[" r r!' xr"~ ~1t f ~ , 4-11 a yy+ 1 ~S:I1L t" n. ~r ryC +i r~ completed and approved In accordance with ~ ;v,k provisions of the development contract, the determination of which shall be made by the City Engineer whose judgment shall be binding on all pasties hereto."; r. (b) The City Engineer, may, but is not required to, ~f4 authorize the ,r F• specified aumseCofdithelyescrowed funds release Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, q; so long as the remaining funds not released are s> sufficient to complete the construction of the remaining Improvements which have not been, but M`t".• ti"1 are required, to be completed and accepted or rrr approved by the City. 4 %t 9 3. Notices. Any notice to be sent, or required to be sent or r or given under this agreement shall be sent to the address of she parties hereto, as follows: "r 4 CITY","~., r - . City Engineer 213 East McKinney Denton, Texas 76201 F OWNER: Ne lSrsi 7.1 n !I rs. r ii , r ,1•~, ra; o _o ESCROW AGEN Y4 . p<., 4. Fees. Owner agrees to pay any and all fees or costs ,~tiF~ ~ ~.f) ct,1r charged by the Escrow Agent in connection with this Agreement. S. Nonilability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance rri t e ,w~, with this agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in i ~ it re:; 1 t, PACE 3 • rya ur • raesneuaga ~~w S. r - 1. ' f el, , 1, G P , ; ~ti Y~ y r , y" f w. S r connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or Yyq'r C willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any ih #aX,w other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the dutiesn JII of the Escrow Agent hereunder or the rights of the ,`yh nt parties to this agreement, the Escrow Agent shall not be required to act r and shall not be held liable for refusal to act until the ~ i, 1 yry. ,^I, question or dispute is settled, and the Escrow + r Agent has the ` f1* F , absolute right at its discretion to do either or both of the following; (a) withhold and/or stop all further ~S},' t~Ra` l r this agreement untilthe Escrow A$en~fis performance under r,'Yf f by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested rr, t iy hereto (who may include the subscribers) that tthe question, dispute, or disagreement Chas been ~I I resolved,, or k ' (D) file a suit in interpleader and obtain by final rtie judgment rendered b diction an order binding competent )aria the metier, g all parties interested in 6. Successor@ and Assi ns, t This agreement shall be binding ;~YG p'f upon the successors and assigns of the parties hereto, 7. Venue. The parties hereto agree that if any legAl actions u41~ MkN" to necessary In ' ~~1.. connection with this agreement, exclusive venue shall lie in Denton County, Texas. .Yr q e Y a 91 1 ~ 1 % ILI, PAVE 4i".; l ° r tr ••I '•~°,"w1Mt^MaMHMAW6YMGN{Yg71M~r~~AS~4~6kpiVi..w n - '1~. . 2 y a Y .r ~rM+ry (fti MA i , d n i t ~,y t ~ (may p. M ( I ! I ~ 'i~ r~~b~, A W.',~n aq~•l "t: ,7 ~'i~~~ F r~ ~~R~ S A~'~C 1 .fA~h~• 9 „""1 ~ _ , ~cti: tit k=.~. 4 y Eu , r ~J N~tii•E~ I IN 'WITNESS WHEREOF ~ the said City, Owner, Escrow Agent have signed this instrument this 4 !9 rr'1 ~ day of tit., CITY OF DENTON OWNER F, % VK"` f i t E.x 4' r, BY., .y riktBY: } kd;f{ ern 1 r ! n 1 + ~,l ii t ar ;f}1 ESCROW AGENT fir' o' BY T y I~ r` 4iv t 1" r ~ 3 ,'"Z 2 iL I AJ r i W rl • , I "MIS, , ,rl G 5 r 4^ i, «~~~lll 11 5 'E PAGE S w..i.%4i 4w>,u A# ~ ~ '.o .~N. f,rows'+MMiF~4~r4df~Mh7/iC.t~11+'.+..ww....-..~..~.v~~p rr~Y r ( y. +r , r ' s aW i. ,iii: ' k S .ins cur I rxr, h, eh,'ffi, f R A ' i a•tTa. 4~.5`I ~y'ry ~r N~ ja4", t. Sri 1* 4 (Sri a 1"" uT • yu v n-* Bond No. 42247790}k y'tz MAINTENANCE 00N0 711E wale OF 7'tXJS rssi , GOUMIY OF DFWPON r qCW ALL WN Dy 7lM PRMEMSr 1lV+T TERRY McOOY CONSTRUCTION, Rt. 61 Box 340, of the City of Burleson r County of Tarrant and Swtea' o[ '(axes, i,s Principal, and A NSURANCE , ouston, exas , authorized :6. ; under the law0, of the State of 'rexas to act as surety on bonds [or Princ1101s, n firray bound unto the city of D'STON. 215 Fast (aalltd "SsSCty"}, are held and rlcKinne Denton TX 76:01(collcd "City") in the penal sun, of SIX HUNDRED EIGHTY a UNE AND 75 100------- 4)ollars (Sb81.7S---------), for the paynont + of which, the Principal ,ud Surety bird themselves, and their heirs, administrators, executors, successors ant assigns, jointly and severally, firmly by these presents: vmmytPAS, the Principal has entered into a contract (called "Contract') with f~rttftea Enter " 1216 Cregnhill Arlington TI 76014 and the Ctty of Deacon tLtcd the y o , 1987 , whiCh wong otrwe things calls for tlxa construct on of contain public improvcxrenta which lnura,to l _ e t~ . ,!'the benefit of the city, such public lmprovemancs being /na,ntln,inn „r n fire s nn being note specifically dnscribod in the Contract which is incorporated herein by reference (called '}brkx); and j ' "r hH[nWi wrier the terms of the specifications of the Work, the Principal is ,a~M£ t required to give a bond in the amount specified hereinanovo to guarantee tha roplaccrosnt and repair of detective or faulty workmanship furnished or installed r +sr by the,.Principal for a period of ONE (1) WAR from and after the duce Uw Work is conplewd by principal curd amptcd by the City, ~ ,hrR4i NON, IMERDYA2, THE MITION OF 711IS ODLIGATION IS SUCH, that if the Principal EAR , iron and after tho'date the Hock ONE M Y.. ~,3 t shall for a period of is cortpletod by the Pr ne pa accept by the City, replace and repair any '~kyti ' and all defective or faulty workmanship in tho Mork, then the bovo obligation shall r j= ba void; otherwise, the said obligation shrill resvin in full force and effort. ; ~n1a Venue for any action to enforce this Bond shall beDenton-Co unty, Texas w .1 ~4 r ,ii IN W'I4NCSS a,tlllWOV, the said Principal and Surety have signed and coaled this r 'aaµ L instrlunant this 24th _day of Aueust , 19 17 , TERkY McCOY CONSTRUCTION CRAMERCY INSURANCE COMPANY Ay'5 ' ,r - Principal 1001 Texas Ave ~t24Houton, TX 77002 ' ~tl Dyi er , Uy AU ne . eat ~'a3f r `a k rk Title: Owner Titlar Attorney-in-Fact ka,"1 1' Addresst Rt. 6, Box 340 - Addresst 0. Box 1150 s Arffp c, (,t Burleson TX 760.28 Lewlsville T 75 7 A~ F ~ ~1~5 ~ri t 7tw n curd address of the Resident Agent of Surety is: 1a' s CRAM~ FRCY CCNL^AL AGENCY INC - ' --11«LS 7616 LBJ FrV ways Suite 124. [+allas TX 75251 n g s ts~ ~r ' (Attach Parer of Attorney for Surety) t. r _3 Y ' 5. L.ar"~j1%4A 4444, r. 1y~R{ 1 # ?rY+di r $n}F;r'{ :'~4'e,'.:d•?f7nr,'tik,.l, r -'s r4 f ,k7,,... .nr~+4,r`aRh~.1r~1.~".'~t:'MCi P1,R$k'R`JQMr1',k,ril~.w`,~ .r GRAMERCY INSURANCE COMPANY rs The Bfnz Building, Suite 240 y 1001 Texas Aven,re at Main N2 42247790 4C Houston Texas 77002-3130 PC►aL'R OF ATTORNEY a = KNOW ALL MEN BY THESE PRESENTS: ¢ e That Gramercy Insurance Company, a Corporation duly organizec and existing under the laws#r1 r_ of the State of Texas, having its principal office in Houston, Texas, pursuant to the fol- lowing resolution which is now in full force and effect: k~a "That each of the following officers; Chairman, President, ixecutire Vice President, any Vice President, Secretary, any Assistant Secretary, may from time to time appoint Attorneys- o in-Fact, and Agents to act for and on behalf of the Company and ma y give an 1 such appointee such authority as his certificate of authority and other writings obligatory in the nature t0~., of a bond, and any of said officers or the Board of Directorn may at any time remove any such appointee` and revoke the ppower and authors yy RRiven him " does hereby make, constitute `<k and appoint: -------------FAULINE L LESCH AN'DfOR Lill F LB h - rt ¢ !ts true and ]awful attorney(s)-in-Fact, with full power and atthority hereby conferred in ° its name, place and steed, to sign, execute, acknowledge and deliver in its behalf, and as"W its act and deed, as follows: y1"31 q C All bonds except Ball Bonds and not to exceed on any single instrument (S50,000.00)____ ll'M .-----------------FIFTY THOUSAND AND NO/100------------------------------- IN e WITNESS WHEREOF, The Gramercy Insurance Company has caused the;te presents to be signed by its Preen d its Corporate Seal to be affixed, this 21 fay of March C4 19 C6 t it it. a+y, tr it F: ra}3rfr " ~i s AL Brien A. Lewis, Prt sldent co STATE OF CaantY o ~ • e° ~ 4,r ~ . li,bli~ g 1' v 19-„§jbefore me, a Notary1 u in erd for the County of Harris erne Brien A. lt+rls y knarn to be t!e individual and officer m de~esibod herein, who executed the preceding instrument, end t y ackrmledged the execution of the same, and being by me du]y sworn, deposed " grid, that he is the officer Of said Cmwy aforesaid, e and chat the am] affixed to the K ' Ong 1nstMx3,t 13 the Caportire Seal of said Qrgeay, and the said ° a. Corporate Seal and signattue as c r• an officer were duly affixed and subscribed to the said instrtrruu by the authority and direction of the mid a~ Q r„Far••~ g' ~1?' the regolutim of sold Gxgm Corpin the and ttet ty, referred to in tie iratrtrmq is mar in lore. t~ IN TFSfAilky 4l~E I have hereunto act bLt } E e t fit""fit Official seal at Houston, Terns, the da hard, and affixed my My Coeedasiat Exp ' Y and year aboae written, ld CEMnCATE It the undersigned, Secretary of Gramercy Insurance Company, a Corporation of the State of Texas, DO HERBY CERTIFY that the loregofng and attached Power of Attorney and Certificate n, of Authority remains In full force and has not been revoked; and furthermore, that the Res- 8'Y olution of the Board of Directors, as set forth in the Certificate of Authority, are now in t"a force, Signed and Sealed at the said ~~mpeny at Houston, Texas, j~ " 19 8y , dated chi 4th day of August Joh S. Maisel, Secretar , .iPLAINT NO'iICEt Shduld any dig bout eve !Sled, contact the agent or write toltheacompany that Issued the bond. If the ro f: Your premium or about it ciefm that 3ou ; is hot resolved, you may also write the State Board of Insurance, Department C, 1110 San Atihto, Austin, Texas, 78786, This notice of complaint procedure Is for information only nd does not btccma a part or ccnditfon of this bond. m orm CN-I • Complaint Notice - Effective September 1, 1984 .,u act' to r I Ii1fPMlLr[ightww.w' v': - ~ .....,r..,..,y,y..+xaaax~w.ieci.a+wr:W~}'e4ltr'WrKaarbru'RVAa.y~y~An.6asr:.. 95of ISSUE DALE 1MAUDOnrI PRDOUCEII 08/17/07 THIS tFRTFIGrTE b AUEO AS A MATTER Of INFORI/ATION ONLY AND tOW[M 1 ' Cso. J. NELLINA i CO ~~U►ON THlCf1fTVICATF NOID[R. THrS CUI TIFICATI OOCS NOT AMEND, tT [1fTED/0 OR ALTU THE T.OYERAOE AfFOROf O LY THE POLICIES !Flow. 1 P- 0. BOX 11246 r' FORT NORTH, TEXAS 76110 COMPANIES AFFORDING COVERAGE A SCOTTSDALE INS CO LrrmA QED- B Al'EMCAN STAPES N TERRY KOCOY ~ COMPANY i 0 DSLTA LIAYDS DBAI MCCOY CONSTRUCTION LET rFA RouTB 6E Box 140 WMPA.w 0 - i SURLESON, TEXA3 76028 UTTER E , TKIE W TO CaRT" THAT POL"l OF MgUMNCIE LWTW MOW KAyI MEN gfu -1-0- Tse MfURED NAMED ABOVE FdI THE POLICY 1C1000 1N01tAT[0 NOTWRNSTANOMNO ANY REOUWEMENT TM 09 CONDrt10N Of A" CONTMCT M OTNEA DOCUMN:AII WAY T1ON8 TKO TK ISSUIED OF OR SUCH P'NATOLIGG bC". PE"Qk THl PtSUIW/LY AfFOgDE0 by THE POl1CR.! DSfCNSEO MEAEW M W SJFCT E ENT TO ALL RESPECT THE TTLO MI RMWHICH f, EIMCLUSIOTHIS Nf, CIRTI/ANp CONpb ' OF 4 a L~ lT, n OF IINSUA HCE Fomv NU4" T rv rpkgF Ia =r LIA&LRY W41S IN THOUSANDS D1h dMOGMIY G1I - t r pFNERAt swam „ Aowcc,n- 001i1I11F16M1t P01N *"MY $ $ . fAOEYSDPEMIT>6 e~r I ~IWO O4LNO[~ s S F' pRmmSMOAPlL7IDOPE mNS A GLS 107165 ` 4fPALTUq[ 04/22/87 05/22/68 NEC S 1 000 PIIRODFAT PONPAYLVYOAMAOE T 1400O, .4 van PERSONAL Sum ~If PERSONAL IIUURy $ LIT. MAI ANY AM S ALL OA'NED RIfOE VW, PASS) moo $ y~ 4M r ;1 e AuDRNmAaa( fAP"A) 04-42-888581 08/11/87 00/13/88 N I, wo ha 1 p~, •f WOOD ANDS o ° ofA" f ~1 ~ ~ . i SAW RMLRY rAA s' - v ArolD f 500, 1110111E LASK.TY O IAb1f11ARYSf 1W 12117 on11RhwMUMenellAroal 04/22/87 05/22/a8En 51,000, f 1,000, WORNUM' COY►FNEATIDN 1/AMb1v AMO S AAC4 AC{ERNT1 EAIPLOYEM' l1AEIRY (DSMft Cy LW* OTKEA ~ S iDSU3EEAOIEMPI OT[I . r + DEOgWTgN OP OPEAA11pNSA.OCATgNgyEKICtt&yEONL ITEMS INSTALIJITION OF A FIRC NYDRANT FOR MCDORMS Wol" CERTIF'IE'D MTL?,PRISES PIAA0 C~ ~1 THE { pFD j u IuIPNb COY%AN► WLLIO [NO[AVOHIIE f0 ,err } 1216 GRE671NILL VAL--111) -OAYe WRITTEN ~OMF TO TMI CERTrfICAEI HOLOEA NAMEO TO THI ARLINGTON, TEXAS 76014 U". wfFAILUU TO MAL EUUkormX$HALL IMPOSE NpwcpAbON COLtAB,11T1, t Of AMY RMNU UPON THI COMPANY, ITS AOENTS OA REPALSENTATIM t'. HOp1ELD REP A y. 4 w r k y; ~ 1r r^q 's. ~ST4 ~5.,a: yFa '.f y.?cr{L: i ' MAR'ds t LIi 4iM4'JIY.4~1 ~ M q r ~ I p4' { w l ' m ~l 4^.j y ff. r\ r ~ 1L, ~a\ (.~6 r,, .t 1 i . 4~f4~r\F F r rFr t 1~r y i r J+ r ~ i ~1.; I I F~~ r e ~ p~ M1 1-6 ~-r . r r. tr :4 PROJECT NO. V-65 ' CONTRACT N0./ 14 r, THE STATA OF TEXAS DEVELOPMENT CONTRACT ' COUNTY OF DENTON § 1 C Ft Whereas, _Oakrid><e Develomnlnt Joe Jeter, President hereafter referred to as "Owner," whose business address is 7614 Jacnueline - Denton. Texas 76205 is the owner of real property located in the corporate limits of 'i the City of Denton, or its extraterritorial jurisdiction; and yF Whereas, Owner wishes to develop the property and such #r. " k. development must be performed in accordance with the applicable w 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 insure that all streets, water and sewer lines, drainage facilities and other improvements whicr are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; ano a~ (select applicable provision as follows] J Whereas, the Owrer elects to construct the loprovements without contracting with another party as prime contractor, in Jar; . f;. e J A i Fr. vgv, •~h'. Y. . 1A lti t which case the r' 4 provisions of this contract which refer to "Owner" , tb' or "Contractor" shell mean the Owner as named above; or IMY,. J Whereas, the Owner elects to make such Improvements here-a , after set forth by contracting with 7agoe-g,blic Company + t',~a 4~ t y1 whose business address is 4 t 1 1i. P.p,~4i1,S jenton. axes 76202 hereafter Fr~~a ab , referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City," become public property, are properly constructed in accordance with the City's speciV.ations and that and' payment is made therefor; WITKESSETH t'• 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 Green valley Ranch the Owner, Contractor and City, in consideration of their mutual' promises and covenants contained herein, agree as follower 1. Covenants of Contractor. Contractor agrees as follows., Y ~k (e) Specifications. To construct and install the improve- ments in accordance with the procedures, specifications and w+~ PACE 2 t 3 t . r < I ' ti 11 R ,.1 t 6 i• 6.24 va .P 125 vs: Z t i7 standard contained in Division II and III of the City's Standard i SPec_ tfications 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 specifications, standards, regulations and ordinances being ,i.74r. ^w expressly incorporated herein by reference and being made a part f., of the agreement as though written herein. (b) Authorit of Cit En Lneer• Inspection ~ 4• a Teats and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City r'yJ' Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptabill~'y of zA materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his f 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 Y ~ teplaca, if so directed, rejected, unauthorised or condemned work g a or materials, or to follow any other request or order of the City VI PACE, 3 j 'rw.saco~®rue,.~,.,q..~,rb,tvaert.p~;!A9,ts5'v.~9,°14~,XsU~e.~sw>yes:......_. r I 1 f Engineer or his representative, the City Engineer shall notify thoh i 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. (c) insurance. To provide for insurance in accordance with Ati , the insurance requirements applicable to contractors as provided,; ~J for in Item 1.26 of Division I of the Standard Soecificatioaa for is Public Works Construction North Central Taxes, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, fl "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 o-y 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 epee '.cations. J^ ~ i I 26 Mutualovenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Sonde Escrow Agreement. That if building I permits are to be issued for the development prior to complett:;n PACE 4 ti" t! { r t' 8'YS 4I t2w PY. i 1 • do ~ rS'. r , and acceptadce of all Improvements that are to be dedicated to the ~rktf'' i public. i (i) a performance bond in an amount not less than the amount necesssry to complete the Improvements, as determined by the City Enggineer, shall be submitted guaranteeing the full and faithful j completion of the Improvements meeting the s ecificatioos of the.City, shall be in favor of the City, and shall be executed by an approved ' s surety company authorized to do business in the State of Texas; or (i!} if the cost of completing the Improvements,`at the time building permits are requested, is in an j amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary :t to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, insuring ccm letions oftthe to an Improvements. agWithout } exception, the Cityescrow agreement form shall F1 4 be used. (b) Payment Bond; Assurance of Payment. That prior to rf acceptance of the Improvements: ; a payment bond will be furnished in an amount not leas than one hundred percent (100x) of the approximate total cost of the contract coat 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 f to do business in the State of Texas; or (it) it the total contract amount of all Improvements tea" is less than $50,000 and a payment bond has not been submitted in accordance with (i) above Ownert 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 171 PAGES . ' *"~kxawnssaa;waw■nFCSYPSifGR~~i1~~Ftwlnw°+*..._.___ t f' . 1 > ' ~,.°~k,, ui•-*4a»'IZi', d y .5. at f r v +r & C B. y2fil, SS t e M er f t N Ff^Jl' yf ~ }}Z 1 fiX• Improvements by the City and that, prior to acceptance of the Improvements, the Owner and Contractor shall fi furnish a written affadavlte in a form provided by the City Engineer, stating that all blast charges, accounts or claims for labor performed and material furnished in Sal `l 4.i 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 ace to be dedicated to f; i' the public. ,PY Thatt upon the request of the City Engineer, Owner or Contractor shell furnish a complete list of all subcontractors who performed labor one or supplied material for, the construction of the Improvements,` and, when requested, a written statement from any or -.x= each of such subcontractors or suppliers that they have been paid in full. (c) Retainagef Final Payments. (This provision (c) applies test ` only where the Owner and Contractor are not the same party.) That as security toc the faithful completion of the Improvements, Contractor and owner agree that the Owner uiiall 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 tnereafter 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 ?til for and used in the pccformance of the work have been paid or otherwise satisfied.};' 7 fir ` (d) Encumbrances, That upon completion and approval or + acceptance of the Improvements of the City, the Improvements shall PACE 6.'; ; r ; it Y 1 ~ 4) ~ ~ TC'~ a : ' All 4"' 1 1 Y ssY F r` A f v i 'SA„1'3~.~i , 1 y c become the 'property of the City free and clear of all ltene, t"~ M claims, charges or encumbrances of any kind, It + Mier acceptance of the Improvements, any claim, lien, charge or encumbrance is M made, or found to exist,. against the , ' Improvements, or land 4 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, (l' lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance, (e) Maintenance Bond, That prior to approval or acceptance of the improvements by the (:ity, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten ` percent (101) of the contract amount of the Improvements, insuring the repair and replacement of all detects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in tavor of tae City and shall be executed by an approved surety company authorized to do business i in the State of Texas. (f) Indemnification, To indemnify, defend and save harmless the City, its ofticers, agents and employees trom all 'k suits, actions or claims of any character, name and description { brought for or on account of any injuries or darages received sa ti , auetained by any person ' r persona or property on account of the t . PAGE 7 ti> 1 cy a.U;"s?j xsy F'kt m[N'.:ra-n_.~n 4 L i s operations of the Contractor, his agents, employees or sub, } r contractorai or on account of any negligent act or fault of the ° Contractor, his agents, employees or subcontractors in construction of the ImP pay any Judgment, rovementsr and shall, with coats, which may be obtained against the City growing out of such injury or f i damage. t. (g) Agreement Controlling, That the provisions of this agreement shall control over any conflicting provisions of any Mi, contract between the Owner and Contractor as to the construction " of the Improvements. 3. Occupancy, owner further agrees that Owner will not allow any purchasers, lessee or otner person to occupy any buitding i 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 ltyuidated damages, but such payment shall not oe deemed approval of such occupancy and the City may take what- ever action necessary to restrain such occupancy. Covenants of City, That, upon proper completion of the t<< ' Improvements in accordance with this agreement, the City agrees to ;t accept the Improvements. 5.• Venue and Governing Law. The parties herein agree. thatY this contract Shall be enforceable in Denton County, Texas, and L[ y l legal action Is necessary in connection therewith, exclusive Venue 3 FAGS 8 .__...,..+^+r•sw~'ai l:ZLU r;s rnc'Ftwpt:'.1'SS : vd ~ a Rw i , .P w.} nYe°r <r4 3 ` si xa..v l ri'r A J`I . e e J l Lee 5 'h i, tL shall lie in Denton County, Texas. The teCMS and provleFons oP V ' this contact'shall be construed in accordance with the laws and court decisions of the State of Texas. ~r. 6. Successor and Assigns, This contract shall be binding upon ' „ .i~ and inure to the benefit of the patties hereto, t` tir respective a.''~f ?b\ successors and assigns,` Executes in triplicate this, L day of R ~,'F 19-0. ~ OWNER CONTRACTOR Fa9't i Oakridge Development Jagoe-Public Company ,y t it R BY: Sys Joe stet, president Hill Cheek, V-Pres.-Finance CITY OF DENTON, TEXAS e f / BY CITY MANAGER ATTEST: C ARLOTTE LEN$ C Y R=E~ CITY OF.DENTONs TEXAS APPROVED AS TO LEGAL FORM: ~fc DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTONO TEXAS 4 r x PA06 9 ' ew.rwwa~w.aaP+.f~IMYrt,,~,.lam[~iiC'VY9¢X~i1R~iRa.i~vw•^'... R- r if A 1 ik4 1 .k` ,Y y x , oyttr, i v~ 9'iR 4Sy ".t..1 t i i e1- l~a1 p4 t .1' .IIF'.r ',.+r ' ' 4~i', 5 ~Aa id + t.1 S TO: QakridgeDevelopment DATE: 3/31/87. 2413 Jacqueline 1 3 Denton, Teias 76205 r \ t G , 'YIS We propose 10 furnish the necessary labor, material, equipment, and `x5 incidentals to construct the following work in accordance with plans of,, Burke Engineering, and the requirements of the City of Denton Extra w i' Territorial Juri51cu0n. i~ Description of work: Lime preparation; HMAC Paving; Water line, on and t off site. Location: Green Valley Ranch , Quantities and prices: Lima and Preparation o 31.881SYrS ' 20,650.0 Sy x $1.88/SY $ 38,822.00 Oµ 5" HMAC p $5.35/SY 19,100.0 SY x $8.35155' • (159,485.00 " On sit. waterline: ~r 5" c-900 cl 150 w $5.0011F ~t 5,49U0 LF x (5.00/LF - $ 27,950.00 6' tee x• S1,00/lb 2,422 lb x $1.00/ib -3 2122.00 6.. plug qo $1.001b 461b x $1AU/!b 5 46.00 ry. 6" gate valve * 5350.00 Ea. ` 19 valves x $350.00 Ea. _ $ 6,650.00 fire hydrant F. 5650.00 Ea. I l hydrants r $650.OU Ea. 7,150.00 2' blow ;,lf A $3 ;u,00 Ea. 1 b :ra nffs x 8350.00 $ 700 OU F air rclea: e v.Ive rA $350,00 El 2 vale, s x $350.00 700 00 1 long service ay $250.00 Ea t _ 29 services x $250.00 Ea. 7,250.00 I short service IP 150.00 Ea. 21 services 1 $150.00 - $ 3,150.UO tr ` concrete encasement n 518.00/LF 84 LF x $18AO/LF ' 1512.00 ` On Site Waterline Total • S 57,030.00' Uf t site waterline: 6'c-900 cl.150 a $5.00/LF 3,953 LF r $5.00/LF • $ 0,765.00 4 gate vak'e a $350.00 Ea, I valve a $350.00 Ea. • $ 350.00 ti 6" Site valve p $350.00 Ea. 9 valves r $350.00 Ea. * $ 3.150.OU 6' tee 1► $l OU/Ih. 865 lbs, x $I.UU/!b. . $ 865.00 6 plug o $I.UU/lb. +;A 23U Ibs.I $1.00/lb. • $ 23000 6" x 4 reducer r $1.00/ib. 86 lb.v x $1.00/lb. 86.00 air release valva wo $350.00 Ea. I valve 1 $350.00 f. a. • $ 350.00 1 d ~..r~ X• i.i ,t ~ .V"t~ .Y~d..; 4 Yy 4Y~,}>tt-lr, i~,.+ r94 ` .F x ~a ry a v',,i. t~ n ~r z J ~ y y „ Page 2~ (ed4 , connect to exist. system a $500.00 Ea. } I connection x $500.00 Ea. • 5 50D.00 Off Site u'eterline Total - $ 25,296,00' rock excavation r $30.00/C.Y. as needed g. • 12" Bore • Encasement P E41.00/L.F. as needed ~ - ;r Owner will furnish embedment sand t4«a Project Total •$280,633.00 For your convenience, the above quantities have been estimated. R However, this proposal is on it unit price basis with payments to be made q l fT on the actual measured quantities of work completed. On the last day of each month, partial estimates shalt be prepared? including all of the comple d work plus all of the material on hand for they 4Y,1. uncompleted portion and shall be paid in full not later than the IOth day of the following month less 10% rerdinage to be paid when above items are accepted by the City. All estimates not received on due date shall bear ,q ~rf interest from due date until date received at 18% per annum, or highest legr, rate, , It is also agreed try both parties to this agreement that any and all 't costs of litigation to obtain monies due contractor shall be at the expense of the owner, and the items installed under this proposal remain the property' of the contractor until the contractor is paid in full. This proposal is also based on all engineering, grades and alignments being furnished by the owner, together with ill necessary permits from the Gtv, County, State or other inter ected parties All necessary testing will be paid for by owner: Acceptance of this proposal shall be within 5 days of the above date. Your acceptance of this proposal by signing and returning one copy to us within (10) ten days and the approval by us of your credit and arrangements to pay, will constitute a contract between us. This proposal is subject to cancellation A' a !rational Emergency or other activities should cause materials to become unavailable. • r3:. ACCEPTED: (Owner) JAGOE-PUBLICCO. ( ntractori r f$0, .t Ely 13y; - I~~,e +.t SyY Title: Title: K-9 wR'S 6 Y Bank Refr Date: r y 6 y. 1. dl$~tr"~~. ~~G1✓~'4i`xle . ~ yg+ ~ . a rya k kv3 J".,.,,+ , S„ S r ~ 'rye;-. r • s ~Ari ~ r i... r. ' ~ y4r r <.(rt ~ o-° r ` v t It'..+ Y~' ` ~r r7i J , r+ yr a`'t Lt Sd ~ ; r -''yL4 -r 5 THE AMERICAN INSTITUTE OF ARCHITECTS L d 1 All, rN f° Iy' Y ~ • ,ArA Document A311 i, 4 ~rr Performance Bond „ 5 r~~ryA a,`~ r t ' KNOW ALL MEN BY THESE PRESENTS: that trt own 00 mmt ,hd ,!!-e„ v 4YI WW ►T Gn1n 01 Jagoe-Pub11c Company M P.O. Box 250 Denton, Texas 76201 1y9: as Principal, hereinafter called Contractor, and, Mrs In,eA AIA N" ,nQ ,►dlu a kp1 e,lt ►I S+nry1 Seabo► d Surety Company as Surety, hereinafter called Surety, are held and firmly bound untor~ ^Nn ..m ► ,pl pu, ►roMtO North Texas Savings and Loan b as Obligee, hereinafter called Owner, in the amount of Fifty One Thousand Thirty Eight and 51/100 Dollar$($ 51.038.51 for the payment whe-eof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by writsen agreement dated 19}'?, en eyed into a contract with Owner for f' - Excavating, Limet Paving, Curb I Gutter and Concrete work for k67 r~ Hanna Phase IV' In accordance with Drawings and Specifications prepared by M K r.u „m44 .as•11,1 of „nr rn. ►r A drags Everage, Smith, Farrington and Associates, in A , 4410 West Vickery Blvd Fort North, Texas which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ' fi A1A 000VMt41 A111 • rLRrORM"Ci 1040 AND LAt OR AAD MA'iLRIAt PhYM1n TOAD AIA 6 1 t[MVAR1ta7a aD. 7M1 Ar tIRICA411JIT11UTE Or AR[MITItTf, SrLS 4.1, AVI., 4,w., NASMi4G10N,D C ta60a es' 4 > I r ~ n is La lyw.v Wzg ~1 l:.yy ~1 4 6 c TIP, ra br~bi,:! ti `if`~'Y •1i it i.l ~t t h I ° N NOw• THlltllPel, 7Nt CONDn1ON W 7H11 CUICA1rON is such that, if ConlIJ001 share prOmptll and fe~lhfufly perform t,w Fr %7 id Conuack, then this obl,gat;On thall be nun and vo•d, otherwise if shall rema n in full tact and ehe[I i f t i aYS, "t The Surely hereby wolves notice of any alteraGOn or de4ultt under the contract Or Contracts of completion y i^ + exte Don of time made by the Owner, arranged under this paragraph) suffiuent hinds to pal the cost of completion less the balance of the contract price; Whenever Contractor shalt be, and declared by Owner but not exceed ng, including other tout and damages it fly 9` t, w s. • to be in default under the Contras, the Owner having for which the Surety may be liable hereunder, the amount performed Owner's obligations thereunder, the SureMi~` W4 forth in the fuss paragraph hereof. The term "balance aK{ I may promptly remedy the default, or shall promptly ° of the Contract p ce," as used in this paragraph, thall~ mean the total amount payable by Owner to Contractor 1) Complete the Contract in accordance with Its terms and conditions, or under she Cooped and any amendments thereto, lest i ?it 1 the amount properly paid by Owrar to COrtSpClOr, SIBt~ c ~ { 21 Obtain a bid or b'ds for completing the Contract in Any suit under this bond must be instituted before y1" rid accordance with Its terms and conditions, and upon de• the expiration of two 121 Part from the date on which a T termination by Surety of the lowest respons;ble bidder, final payment under the Contract fills due. or, if the Owner clerk, upon date rm;nOon by the ys p Owner and the Surety jointly of the IOwest responslble No right of action snail accrue on this bond to or for a 'r bidder, arrange for a contract between such bidder and she use of any person or corporaron other than the .Arne s Owner, and make available as Work progresses seven Owner named herein or the heirs, executors, adm;nit• though there ►hould be a default or a succels;on of Iralort or Ivcctssors of the Owner. ry' f, t bra.. '"f;' I 7'r rrt°? 1 ~r r{ ~Y 4 'w Signed and sealed Ihls 1st day of April 19 81 Jaooe-Public Company_ Iw'iluYf) r t NrJ ~~?yy~~i# r t5 ` R ri~x r, ' Seaboard Surety Company } i 8300 Or. 1 7 , r ' iAU+rIy1 t pAltr. wall Tel. i<i IIWgnIr •J t ~~~y```Y1 r 1 Rosemary weaver rtrw'I Attorney- n- act y AIA DOCUMINil A711 r nl AftltMANCI MIND AND tAAIM AND MATtaul tA1'MIM aUND • AIA R rln0UAlly lvluEM •iHlAMtit ICAN1N51111t71Or AeCI11fit 11,1135 N.Y.A41„N.w..WASH 1NOTON•D,C.Ma P A r 4~i r i ~ awn.way~ed7d';Laved'Af.~.°tY?i.4AV6'#C4:tR'•Aa••••.__. 1 y. , r w 77 j s' Ixi' L _ Y yla i } , ,.;1 S ` Se > N.. ( r ) Y n Y. , ? Y J' e f IV 0 1, .i , 1. THE AMERICAN INSTITUTE OF ARCHITECTS x`~', ,r }~I 1*' , , 4n 4 R a r.4S AJA Document A311'`~ A2 I, t II'~~''F t. ' 4 z ° 5 Labor and Material Payment Bond St ° ` "t t THIS FOND IS MUM SIMII[TANIMILY WITH 0[AFORM4N °1`4 r k Ct IOh'D IN FALVOK Or Tort 3 T ONaaA CONDIT,ONED On iH! FUII AND IAITMr,JI F[Ai ORMANCI Cf THI H! CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Jagoe-Public Company WeN dul4 iris nail 414 rddrnt 111 NJd InI101cnhe t }A~ P.O. Box 250 Denton, Texas 76201 As Principal, hereinafter called Principal, and, r tc'' l ` IY.ne inwn (ul1 ruwe rAd Al be Ira.t 1. 04 40 Sure nl j r': I Seaboard Surety Company r+l;ta ,h as Surety, hereinafter tasted Surety, are held and firmly bound unto North Texas Savings and Lion and City Iol, Hn 001 -1 "it Au wle wit or o.,•,n ¢ Denton, Texas of sd as Obligee, hereinafter called Owner, for the use and benefit of ctaimantS aS h,ers;nbetew de`ined, in the I amount of Fifty One Thousand Thirty Eight and 51/100 n,r io"it, ,m ea.l to n lens 6"1,611 or IN C0,1'.0 rnc.1 Dol!arJ 3 51 .038.51 .1. for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. %VH E R EAS, r Principal has by written agreement dated 19P?, entered into a contract with Owner for Excavating, Lime, Paving, Curb A Gutter and Concrete work for Hanna Phase IV+ In accordance with Drawings and Specification+ prepared by ' Everage, Smith, Farrington and Associates, jn';'Alin .lle,+n 'Ad $06,11 of had2il, al AaA!iaq 4410 west Vickery Blvd Fort Worth, Texas h afi?ch contract is by reference made a part hereof, and Is hereinafter referred 10 as the Contract ++ti,, G 1114 oocuMl ASfI Y FIAT OAMANCI fOND AND lAROA 1,1; MATIa IAI FAYAIhT IDh'D A!A It 4...r 5t,•_. o" flan WRY 11'10 to;TM[ AM:ItcAN INSTRUTt Of AACMHICTS.1JJ A.Y. AVt, h'.N'„ N'ASMI%CTON', D. C 2X% J a!~ P `3 '1 • _ 111. 4, 11 r,S C 1 v ' & t ,f4 ~ ~ rL..., d , - 04 v:X ~ x,b~r~ ~~'S tt°{t. '{~v ..a"' l f' a 4 >,:9 fin,°,t~ ..y.t ,M1 Y t •k,., a ] w S".. rc = F. R n At„5', 7ntaUpt[, l CO+'U 17r0~ Of fats OGtGnnOA i{ such that, of Frvnerpal Sha1i promptly makt D+rmrnl to dl = e f M a i da mains at httrnafler defined, lot all lot orone materiat laud or Ir,sonull f rte gyred for uu ,n the pedorm,ance of the Contract, Ihrn this oD1 gation shall be vmd; othtrMltt rt shill on In lull force and rf ed, subleCl. Fa e.rr, so the Iol• P lowing conditions: 1. a one having a direst Cori, accuracy the amount Ciaimed and the name of INC p+rh' s° A claimant is def,ed u, tract with the tlncipd it with a Subcontradcr o} she to whom the mAlt6afs 'lie lumnhed, or for whom marlin hl; ilitr sameobye e{ spend omi I Principal !o, labor, mate rial, or both, vied Of reasonably she work or labor requited for use in she De tormance of 1%t Comract, shall be served by g E w F labor and mate al being construed that pirc of or crru6ed mail, pottage *hgl of S tt envelope ad' at d ie lyma nets nedyfor the nano- sk 5 1~ r to include at am ace pfl ►ater, gal. power, Tight, hedgasoline. Wepo oht w,fie~e +n office iscrrg lut~ !.I "Nice OI Itnlal of equipme y s action of bufintSS, Of served in any manner in which rive ~,ryt•y '.t, t .11 S Convect legal proceu may be served in the Stilt in which the 1 S S r~•r. d ploieel is located, u,e that wch smite nerd + The above named Principal and surety hereby alores+ jointly and se,'tr+ll y Agree with the Owner that Cry not bt made by a public officer.f b I a i t' i'r'Syy~ y MhO has riot been paid m b) After the eipiration of one I11 year 1o11oM;n{ the claimant as ht@in defined, ate on ehich Principal ceased 11brk on said Contract, full before the caps anon of a period o} ninety ta .0t' d ts arise the date on wfi th Ilia last of such cL manl'a it being understood, howa'er. IM; if any Lms,fon em• ll, a i x{ r lo . c , work or labor was done or performed, or mi'.rrials v ere bed constructoe hereof such hen to on shall be deemed S11 ta furnished Sy wch claimant, may too on his bond for h the use of such da;Mani, plosrcule the suit to final to be amended so as to be egcFl 10 the minimum period * • judgment for such sum or sums It mar be justly due 01 l,rri permitted by such law. CCairr,ani, and hays erecution theftOn. The ow'ntt Shall Cl otht7 than in a stale CDUrc of COmpellnl jYti}d4ii0n + a in and for the county or olhet pohtical subdivision of l not be liable for she payment of ry costs or eRpenseS r C ,r i iq Of any, Such suit, the state in wfiich she Project. of any pm shereol, Is ' Sltuated, of in the Un;led States District t.ovi fot the need he it; ~ clnct in which the Fro*%, or any part therein, is tit, 7 g, No suit or action Shall be commereunder c5 is by any daimanl: ualed, and not rhewhere. t el Unless claimant, Olhp thin one having a direct a) e with the Prinup+l, shall hays given wllilen t. The amount of this bond shall bt reduced by And contract f Rt to any [fie of the 1, 0wrn to the eatnt of any payment or peyments made in gxd notice I"D ownef, of the Surety aboye name, the withi Pnriprincipal. ety, the 1901 f+'dh hereunder, ndusi,e of the payment by Surety of 4 Word days erformed the list of mechanics' Lem which mar be Llyd of of the fTiount Stier Such Claimant did or p q^ a l r. , the work o jib,,?, or lurnisfird the last el the materhh Ss',d impro>ernenc whether of not maim ter the amount for which said c41m is made, slating with subsunttal of such hen be Dresented under and against this bond. A 1st day of April 19 87 afyt Signed and sealed this VV,., I l 1 h. 14 V V Jag0 e-Pub11c Company Ikatl & ` ~'t a58'' 1 rT' fh RffOQ _ s CO i P iT4 i". ,Seaboard Surety Company OUC Isurrlrl k,q f15'rINM1,I ~ / l Y ~.y ' RofEmErEr t'I'''i Attorney-In-ratt to A D Au g106 a u „ {;r.tym AµT Attt . rlalUinAtiCl a0~'A AaD Inaba A "M Stntlelnl Pnr d.t n 1t Of MCMr1lC1S, 1ti5 K r. A✓C., IJ W., wA5r1 n. LT0'~, 0. C. nrR+• IA -000111 (1aruAMr 101) 91), • iM1 AMIKAN' 04111161 4 - .w+,M~iAa'eCPitireaR. RrA b.r'eYCphlca<r~rlil f/:N J'k k!R3WrV'•:^ae'•+•.. ~ 5t 1S -ao r tc ` ~ y,c tl r 2 .,Y ~ ~ a o- ~ t i, ' ~r .i±, '.i''' F {v "'r ..'r„`.s , DUAL OBLIGEE RIDER ;s (TO BE ATTACHED TO BOND AT TIME IF ISSUANCE) { tA' TO BE. ATTACHED TO AND FORM PART OF Performance and Payment h y; Bangs NO. 124 136 dated concurrently A, with the execution of this Rider, issued by the Seaboard ` , , ` Surety Company as~urety, on behalf s i ~N t of ag e- u c Company as Principal, and in 1.`F,, a i! favor, o North Texas Savings and Loan and „ i City. o Denton, Texas as -Oblilees. a , 3 a, t IT IS HEREBY UNDERSTOOD AND AGREED That the above described bond(s) are hereby amended to include the following paragraph: rk*»'1,;++• h Notwithstanding anything contained herein to the contrary, there shall be no liability an the part of the Principal " w or Surety under this bond to the Obligees, or either of them wt. y' j unless the Obligees, or either of them, shall make payment' t- I` to the Principal, or to the Surety in case it arranges for M completion of the Contract upon default of the Principal ,"";'t 4 t strictly in accordance with the terms of said Contract as to,` payments, and shall perform all the other obligations requir-td a,. to be performed under said Contract at the time and in the P,'y t lyre manner therein set forth. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or very the terms of the above as+,;i; destribed bond(s) except as hereinbefore set forth. r ay SIGNED, SEALED, AND DATED this Ist _day of lnril A. D. 19 87 i ( r. I r~r S*'ti~~ 41M Pr nt "All L_ `I fir Coroany, x')1,4 i I~ (Suretyi,t BY: f3y~ pQ t~ ~ala1 k°P a . Rosemary Weaver Attorney- n - Fact . YOrAF.k~!,ryaAW''~;a~~N ll"w+~,40,ii.H~iA4.dIk6RLtifJw.r+o+'^^_. . 1 r' 4 Carlifflod copy SEABOARD SV 1J 1229 N a iaz6 1~8'Y'YCBMFri1I~1Y ADMINISTR.STNE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a col made, constituted and appointed and by these presents does make, constitute "appoint Wi of me Slate of New York, has ¢ 7 James N. Powers or Peter A. Rush or William G. Willard Crotty or t Jr, or G.B. Easley or Rosemary Weaver Klingtaan or Orvil B. Coburn, of Dallas, texas its true and lawful Attorney-In-Fact, to make, execute anddeflveronrabehaplMurartce polkies, ` - other &utn,mentaorsimnarnatureasfollows ' Without Limitations wmNbondsurldeAakirpsarW p f' ~ .w Suuh insurance policies, surety bonds, undertakings area instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact shall be binding upon the said Company its fully and to the same extent as if signed by the duly authorized officers of the Company athd sealed with its corporate Seat; and all the acts of said Attorney-In-Fact, pursuant to the authority hereby given, are hereby ratifed and confirmed. This appointment Is made pursuen! to the following By-Laws which were duty adopted by the Board of Director of the Said ~ Company on December 8th, 1921, with Amendments to and including January 15, 1982 and are still in full force and effect ARTICLE VI t, SECTION 1. •tc In5U fence pint bonds, m w enH~ kaput tlonc MnNnle Or rite, p Iles. bonds, rec nua es, ell ulstions, contenla offSI1 AUnderw nd rwytr~ti one lab* Cffients ompnya,lgeless t wntI relaGnp in any wry thereto or to arty claim Or loss ITCroundw, anal w el Dunnaame te ands of aamf t e and re:eeaes, egnemen4lna other . tai bythe Cnanmanofthe Board.the PreSidenl,aYice-PresiOomaeRealde~nl~YCa!Greliden end byjM ISeC re! y, e~nAya tent Seoe4ry, eRendent Secretary or a Resident Air is tint secretary. or fb1 by an Adomey-in-Fact for the Company appointed President W a Vlce-Prafdent to mate such a. nalure; OF c talII as and Board ay from m Chairman Line a Cho Bca.nl, IN l The seal of the Compan Shall a f a I I by such bOffer y any Such Wheat, orfieat, Wheat, At AtenaNrn as tl e flood may time to erne determine - 1 , Y pfNOpriey be aMrxed thereto by arty such torney-In-Fr "f Of representative " IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents day Vice- P y ofd.. is aid its ePt c grale sear lobe h reunto Vixed and duty attested by one of its Assistant Secretaries, this 24th t9 8.~u Ue • " Attest: f Is21 SEAB~O~41RETY COfv1PANY./ P Nr?a 10 iSealj Q- LC By t(/J / /1 STATE OF NEW JE RSEY awav/`. rw J COUNTY OF SOMERSET 9! . k FF !r 4Qg~t On this 24 t 24th. a 01 ept ee an ho, ember... 19.85 Si ;n me PC hall a ared l w is a am personally efr . a said that resresid of SEABOARD SURETY COMANV, with whom I am ersnetty ac ue rated, w benn .1y me duly s worn, said that re resides rn the State of . AETY Jars that COMPANY I'* col ey ; fill sOumenkthafheknowsthecorporatesealofthesaidCompany,thatthesellaffxedtossaidinstruh p mentasuchcorr rateeSea9 that it ✓I so affixed by order of the Board of Directors of said Company; and that he signed his name thereto o s Vice-President of said Company by like authority, (Seal) No M,. CATALANO MY CO@iniSSIOn 1XC. Juno 1, 1991 C E R T I F I C A T E iv~t: y °uaK I, the undenignOd Ael;eta 1%%rotary of SEABOARD SURETY COM>ANYdo herbycirl,y that the original Power of Attorney of which IN luregoingis Attorney was one s full, true and CoffegtCOpy is in full force and effeClon me data of this Cenib'aaleand 1 d0 lurthareMiy Ihi the ViCe-President who executed IN&ad Power Of SEAeea one SURETY COMPANY SFA80A of the authOrired by IN Bead of Directon to Appoint an attOmeyn-tact U provided m Anit4 VII, Sar.;on t, Of the By-lewd of Tnb CadiLtale msy be signal a nd sailed by facsimile under a nd by aWhonty of the following "our'ron or ine Ex ecutins Dommi nee Of r Dlra.•ton of SEABOARD SURETY COMrANY at a meebn9 duly Calyd Ind AI on the 261h day of March 1970. `RESOLVED 121 That the use of a primed facsimile of this car N Board any cenI4111ion of Ina carecineaa of a dopy or an malNmenl 401 by tho Pralde t or Vki Phliden Of IN upttto Ar l 4301 hnq and AulhW4ing An inane '-l Iftl Assistant Sf"Sn" on ter M an 1, Section 1, Of Cho BY-LAWS auMmil and 1 Company surety hod bonds. undereunJan ai, on other netrurheota dnarloed in said Miry VII, 5 ond1, ~with s IMeteaMe" ect It lr IVC ~jNf And Such Iignllun hod Neenmenwly affixed lry madede, iueby {e pP'ored' r IN WITNESs WHEREOF, I have hereunto set mY. hand and affixed the corporate seal of the Company to these presents this day of r a ai ,I " . 1 l 'I r V'41~it'?.TM.a•~~^•a:i:.F~N.Ir\M,.n.. .,.v...~„r,r ryac 1 ~y.(y1y ,~.y, y~.y~y~.yyj~x, y♦~~y , \r~'~,3'M•'~fa'^\'V,air'\'~L.w.T~x711w.T...T .JFNr1'.~®~r41TOw"s-.. _ _ ~ { X,.._ < R - IrrW ii:.i.. w i w.•t Vii} ~ ~+z~uSs}a'" ♦,.r7R`~.,,, ~.J, Ad y~„}},•p 4 r tir Xr` ` 9 ` t ~ m yt a ff I ~y i J r w` . Y , as t~ 4' ~ 444 W Vµ1 y ~WI~~1T1A ~ i I•x, any,. I Rf'.1 wv F, ' _ 1 , 'rift+iY~„'F1~+UMt«-anc•vww.~.._-... _ f i 7,+ ~i~1f j A + ~ ~ 'p 4 ' 5. 4 ' PROJECT NO. $]-/L CONTRACT NO. y ' THE STATE OF TEXAS * ' DEVELOPMENT CONTRACT y e y, COUNTY OF DENTON § ' s ~1C' in bake Church of Chriaf- ~ ,r~~ W~1;; s T ' hereafter referred to as "Owner," whose business address is 101 Cardinal Iane Denton, Texas 76201 4 I's is the owner of real property located in the corporate, limits of t'* E+:P the City of Denton, or its extraterritorial Jurisdiction; and Whereas, Owner wishes to develop the property and such development must be app performed in accordance with the a licable ordinances of the City of Denton, hereafter referred to as "City";; a + and ~k 1 Whereas, as a condition to the beginning of construction of k> r1e', said development, a development contract is required to insure p that all streets, water and sewer lines, drainage facilities and oXtl other improvements which are to be dedicated to the public, k'y hereafter referred to as "Improvements," are constructed in q,`•: accordance with the City's specifications, standards and ordinances; and ~ Y { 4 (select applicable provision as follows] Whereas, the Owner f elects to construct the Improvements without contracting with another party as prime contractor, in <t+y k1.~ I1C L S~`1 1 E5 1 1 rt , i .rty+~A,~ , 8rir, Y q1 I, 4 wi w „S -oi ` 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 here- after set forth by contracting with rinva Cl=nn Smith, Concrete Contractor # w „ 4 tl is ~y,C v r:~' ,t_ whose business address is P. o. Box 1781 Denton, Texas 76202 , hereafter 41. ?1 1 ~ l referred to as "Contractor"; and XSS`` r~ S t5 ' ° y Whereas, Owner and Contractor recognize that the City has and interest in insuring that the Improvements subject to this f: agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance ry1 ? 3 with the City's specificatiots and that payment is made therefor; wiTNES5ETH As to the Improvements to be dedicated to the public, as ` t r \ SI. F My 1~r. 11 7~ ~~f Y^^~ ,,1~ specified in Exhibit A, attached hereto and incorporated by >yy"a , ln1 rAr,11nA1 ,s reference to be installed and constructed at Denton, Texas 76201 the Owner, Contractor and City, in consideratiua of their mutual promises and covenants contained herein, agree as follows: y;v 1. Covenants of Contractor. Contractor agrees as follows: ~F (a) Specifications. To construct and install the Improve- K ments in accordance with the procedures, specifications and A;` A" PAGE 2 2t II - III yyyp yy~y g~ :~y~p e a ~T~ ~'t `f I ,r~~ • _ -.....v,^Rf1~M~/,a~l~-.`~,,,n~~']IN.l11.M1F17MT.IN~f1'm'.^~'~~ \ ~ i i •~4, L I" 1 • [i I t. :r r S'r p r ' 'v 11 r ~ ; w1y~~ S+g ~ L A yl~k ~..j standard contained in Division FI and ITI of the City", Standard ~eci__ fi~ cations for Puhlic Works Ccr,structlon, North Central Texae ~A y" es amended, and all addendums thereto, and all other rugulatfon ti ~X s,' { x ordinances or specifications applicable to such Improvements, such r . F j~a F y specifications r: , standards regulations and ordinances being expressly incorporated herein by reference and being made a sL part of the agreement as though written herein. t i. (b) Author it of Cit En sneer' Ins ectione Testa and r lr it rti Orders. That all work on the improvements shall be performed in a good and workmanlike manner and to the satisfaction of the city 4" Engineer or his representative, The City Engineer shell decide alI~ l questions which arise as to the quality and acceptability of y' "1Y 1 1 . F materials furnished, work performed, and the interpretation of specifications, A`. 0, J" The Contractor shall furnish the City Engineer or his }Fx"`? 1 s tit representative with every reasonable facility for ascertaining ,fTr r whether or not the work performed was in accordance with the k'45, specifications applicable thereto. a"~ z ' Any work done or materials used without suitable inspection by the City may 44 ' y be ordered reaoved and replaced at Contractor's expense. ' Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or r replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City t PACE 3' r ` s` ~ S tit Y' 1: r rte. !t rf ; Engineer or his representative, the City Engineer shall notify their,, Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied irk to the satisfaction of the City Engineer, the City shall have no ' o51igation under this agreement to approve or accept the § ~s t=~ ,a; tw Improvements. (c) Insurance. To provide for insurance in accordance with a the insurance requirements applicable to contractors as provided Y": r v 1~, II' ~.a: for in Item 1.26 of Division I of the Standard Spec ificaticns for Public Works Construction, North Central Texas, as amended, the Sx' i provisions of which are expressly incorporated herein by `reference; provided, however, for purpose of this provision only, y ~ }w , "Owner," as used therein, shall wean the City of Penton. (d) Means and Methods of Construction. that the means and ' II methods of construction shall be such as Contractor may choose; ~rP* subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the a judgment of the City Engineer, assure that the Improvements were tie ~t.• constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. owner and 'a;~s. ` Contractor mutually agree as follows: 0~11~ J9 y~ q . V 1•t (a) Performance Hood: Escrow Agreement. That if building permits are to be issued for the development prior to completion ' PAGE 4 r-Pa s + . ~ i. r r~ lI+~L r•°'l ~1`',,., '+ak.;e.sr i,, A[ 'b tp ~4%.~1~ e r[. _-.ty < .air `+mfi~Sdi( 5 • a I x •~1 ~ d~Gl '~l>':~ J . ' A y and acceptance of all Improvements that v , , M1 • Y are to be dedicated to the ~ r~9 public: ~t»s a performance bond in an amount not less than the« ` «t amount necessary to complete the Improvements as y determined b ~ submitted Y the City Engineer, shall bek~i ;`ply ,y guaranteeing the ffull end faitul hf completion of the Improvements meeting the ,i specifications of the City, shall be in favor of sl't thhe City, and shall be executed by an approved f surety company authorized to do business in the I State of • Taxes; or (ii) if the cost of completing the Improvements, at the t> M > time buildin g permits are requested, is in an ~ ; amount of $50,900 or leas, 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 ra"escrow agent, pursuant to an escrow agreement „"LL insuring completion of the Improvements. Without y exception, the City's escrow agreement form shalt be used. f a flu., (b) Feyment Bond• ~ Assurance of Payment. That prior to ' ' acceptance of the Improvements: i (l) a payment bond will be furnished in an amount not I leas than one hundred percent (1001) of that';' ' • approximate total cost of the contract cost of the 4" y Improvements guaranteeing the full and proper prote_tion of all claimants supplying labor and R 'k i! material for the construction of the Improvements, shall be in favor of the City, executed by an approved and shall s+O , ti do businss inheState of Tex cuapa s; oC authorized N`Pa Of, {ii) if the total contract amount of all Improvements `y1 ,a is less than $50,000 and a a ! not been submitted in accordance with (I) babove,a Owner and Contractor agree and guarantee that any and Y,;, * „r• all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be full paid and satisfied before acceptance of the q PACE Si A11 n t V s M <..,"r.' 1- ~ 'S' ~ ]fig' +,.~~➢1.Y~{ra ~`~s «te~l,.w~M.#.,K....~..-.. CST A Improvements by the city and that, Prior to acceptance z> of the Improvements, the owner and Contractor shall furnish a written affacavlt, in a form provided by the City Engineer, stating that all Dias, 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 k; r recorded liens filed against the Improvementa, or land ~'l+rr 5p ~4,, to which they are affixed, that are to be dedicated to the public. V% That, upon the request of the City Engineer, owner or i Contractor shall furnish a complete list of all +,Y ? subcontractors who performed labor on, or Supplied aa,11 material for, the construction of the Improvements, ti, and, when requested, a written statement from any or each of such subcontractors or suppliers that they have ,•,s, , ,a, been paid in full. (c) Retainaye~ Final Payments. (This provision (c) applies only where the owner and contractor are not the same party.l Tnat as security for the faithful cornpletion of the Irprovementa Contractor and owner agree tndt the owner brrall retain ten percent qY of the total dollar amount of the contract price until after final approval or acceptance of the Improvements by the City. The owner y4~!: snail thereafter pay the Contractor the retainage, only after Contractor has furnished to the owrec satisfactory evidence that i .ak° s 1 al.. indebtedness connected with the work and all sums of money due , L for labor, materials, apparatus, fixtures or machinery furnished ,k , for and used in the performance of the work have been paid or otherwise satisfied. ( 1. (d) Encumbrances. That upon compietlcu and approval oc , acceptance of the Improvements of the city, the Improvements shall s PAGE: b r z ' k s ~t1 t1+ y.r` .~q. • ~Si ,a•. .~e~r ~"°`k:. '1(}+~:` ~ R st l.'~ ~ ",.#~."q ~S, r, ',~rt,w-4 i+ ~ft ~ ~ i rj r9 r ~ k t ~cr 1 ' ' t ~Ty^~di n 3 ' become the 'Pxoperty of the City free and ~ claims, clear of all liens, k~ i or encumbrances of any kind, If, after acceptances ~i of the Improvements, any claim 1~,1 , lien, charge or encumbrance is made, of found to exist, against the Improvements r s jk " a` ' `r • , or land :a~^~ I~ ~ ' ? dedicated to the City, to which they are affixed, the Owner and x``a Contractor shall upon notice by the City promptly cause oucht ` claim lien? charge or encumocance to be satisfied and released or ~prom tI P y post a bona with the City in the amount of such claim, lien, charge or encumbrance, in favor of r.{~ L' he cicY, to insure payment of such claim, lien, charge or encumbrance, 'S4 , Yy I (e) Maintenance Bond, That prior to approval or acceptance of the Improvements b f, Y the (:it Y, to furnish a maintenance bond in form and substance acct ptaole to the city, in the amount of ten ti percent (101) of the contract a,nuunt of the Improvements a{ insuring ) the repair and replacement of all detects due to ` AEI faulty material x s~ LL and workmanship that appear ' within one year from the date of acceptance, The bond shall oe i,~.~rx r 1 in favor of the City and Shall be executed by an approved surety company authorized to do business in the State of Texas, rl'4 , ,A (f) Indemnification, To Indemnify, defend and save harmless the City, its officers, agents and employees from all ' 1 k 1111 cults, actlona or claims of any character, name and description 4zy brought for or on eccount of an x ~ ~ st y i injuries or damages received as a sustained by any person, peracna or property on account of the 1 r 7t, 3 ~A PACE 7 4 • ~ t , •.••.'~,wvyVly+erti't@'M~11i4~i»atli'.NvrMw'mcMwv.-- ~ ' A(. et>'+tf'"'~ ~~S 4; uS t , ~J q operations of the contractor, his agents, employees or sub- E ' contractors, or on account of an ne +'l~ y i y gligent ace or fault of the Al ' Contractor, his agents, employees or subcontractors in construction Ch xt"tft of the Improvements, and shall ~r PaY any )udgmen[, with costa, which N may be Y obtained against the City growing out of such Injury or damage, ' (9) Agreement Controlling That the provisions of this rtn~`."` I t' s tit agreement shall control over an t\° n v Y conflicting provisions contract between of an the s owner and Ilk Contractor as to the y fe'r~'y;~tt'f of the improvements, construction { i r. 3. occupancy, Owner further agrees that owner will not allow any purcnasera ^ r lessee or utner person to occupy any ouil ~r+fity5't~ w witnin the development until all Improvements are completed and } f accepted by the City, and that upon violation thereof will pay the fig ~t, v City $3,000,00 as liquidated dams4es < f but such payment shall not k ' oe deemed approval of such Occupancy and the City may take what- ' ' f r A° ever action necessary to restrain such occupancy, y 'f r' v1 4, covenants Of ' t' City, r'` t+ 14 L That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. pta't~rrP ,~s venue and Cove[nin Law, The parties herein agree that Y< tnis contract shall be enrorceaole in Denton Count s Y. Texas, and if l4 a legal action is necessary In connection therewith, exclusive venue t PAGE 8 af~ y a fir; t. ' Vi7N~Mrvaw un ' i S , f fv 11,y ~ + r - '*J k ,.x ~ e' w ° : k ♦w .~1. a'~a x 3*. s t Y 5 } P 1 4 1 ' 7 514 ~ l R s s r y,~"~1 k t ~ ° T~j~yy`I t I i. g ~6, hA S ir ~A H f 6 Sir S I ~'y ,~~M1 js ~I,tIV t ! shall lie in- Denton County, Texas. The terms and provisions of tCtn` this contact shill be construed in accoroance with the lava and i j court decisions of the State of Texas. Fk , 6. Successor and Assign s. This contract shall be binding upon Y-4 and inure to the benefit of the parties hereto, their respective 44 successors and assigns.' f EXecuteo in triplicate this, 29 day of December , 1987 O'11t~ER CONTAACTOa 4 ryr ?j singing Oaka urcb of Christ Floyd Glen Smith Concr to Contractor14i w.. g~ r d t ,1 aiy~ a'a ~ ~;r s+ z4wr CITY OF UU4TON, TEXAS f f+ r ~ i T MA AUf w~ ATTEST: r t9 I i+ Ct b.,, I e d • °V1~}np ' I h NCI 1 I V'4 CITY SECRETARY y, 0t1 TEXAS " 91 ENTON4 CI OF I. Y p 5' f' ft'1 APPROVED AS TO LEGAL FORMS f DEBRA ADAMI DRAYOVITCH, CITY ATTORNEYi1pFi 'i CITY OF MTON, TEXAS c 1 BY: >~a y? PAGE 9 1 y 1( u I 1, r f • 1" ...•.......i...v, y.....l f~vWYiFMM,R,u1'Mnl'111A'.1PY✓'.1hU M7 g9NM1'YI:,JMtn,iw+•••.-.,__. % f i~ i I I Uru k i a t .h w' 11i'. a 1~q iaa , T i + q If? . e ~ irs'~ a ~d1j, ySa ti vy 1 4: y IR+` f r ' 37i tt { `I d Y ✓~~1 1 ~ M1 ' i Id 4+ 11 1 11 1 r(q , ,^Ill!pM1~R11YJi1M1NJ+W~'Jw11iLV1~~(~(i [ryN~♦.iao-rr~+e..-.. 1 v L~: F i 41 % y}K rr ' y~ a f' • 1' - rr f~ Ear tl it, " r , 4 yf, S a 'i }w il~~4 'k e r~nf'ky~ ri I } r i to ~ w'4.~ a o eai`M Yeti L r'SR Fa r i I i, ~ } cR1;n la M 14, A4It' s t t ' p PROJECT NO, 96•;L9 CONTRACT NO. 40 r r r,. Y 4 IM~'. r e ` THE STATE OF TEXAS DEVELOPMENT CONTRACT ~ w COUNTY OF DENTON r I 1 I J ~ ) t ,,aF n ti l fp,~. Y a, { } lhereas, Teaslgt_$oaA Associates three hereafter referred to as "Owner," whose business address is { P.O.Box 117, Denton, Texas 76201 MM1 Al G~~ rf f; is the owner of real property located in the corporate inir: c, PL rho City of Denton, or its ex':aterritorial jurisdiction, sr,d tr. f ] }'e Whereas, Owner wishes to develop the property ind sac - ",i i "j c.evelopment mist be performed in accordance with the api,lirabl ordinances of the City of Denton, hereafter referred to a,. "City"i, and 1 \ ~~^1 y:. IlINV i` rp, Whereas, as a condition to rho beginning of construction of said development, a development contract is required to insure r'nt"""' y 1-4 {i that all' streets, Crater and sewer lines, drainage facilities and ~y;~~ '16 other improvements which are to be dl:dicated to tl • :uhI Ic v 1 n a hereafter referred to as "Improve:nznta," re co Liz, ri',ctec i ~ accordance with the City's spectficsttan5, atand,A r.1 .rr E Sri ordinances; and ~j L r x n~' (select applicable provisir~.r as :ulluws] i , t! ~ Whereas, the Owner elects Cj ,rou-cruur tile Li i i -41thout contracting with another party as pCime % ( t r~, y", i A" 1 t r1 +a~, C ,,7a1;, 14 ~ *„r. T./•.rIwN. FM.~.w~~.r~wr~~. -T••~+.rFAA ~ ra t ~',~~~~R.MM.1~3 ~1wI.OrlgV.''~wn"7~~VlRII~ ~ ~4Ry~ l i y i 1, 1 ~ ♦~!l17a ~If J,~ 1 1 , ` Fd `'y ~ 1 i k ly vt a , ~ o. yl,y'rj,k Il,y~+y~i'9r~✓k.1~47y,~ /.1'A`1j1~ } , 1, rixa 4. . Y i, Y~Y +D M 4+ I r ~ t 4 io ,0 5 y~,Yll} i ti s+~ 71 1 • 1.R 11 Fi ~t which case the provisions of this contract which refer t'; "Owner"~~ aa{ix or "Contractor" shall mean the Owner as named above; or , r. ~xxxxxxx] Whereas, the Owner elects to make such Improvements }sere- after set forth by contracting with Jagoe-Public whose business ;tddretia t 3020 Fort Worth Drive, Denton, Texas 76205 ; i,reyftE.' $z r +V' referred to as "Contractor"; and,, t u r- , W3ieress, Owner and Contractor recognize that the City has a c 4+; interest in insuring that the Improvements subject to thi'=''i F agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accorde6cc wit'n he City's specifications and that payment is made therefor; y t WITNESSETH cr~~ t ,l As to the improvements to be dedicated to the public, as "t+ ~c t 1r7. specified in Exhibit A, attached hereto and incorporated by 1 reference, to be installed and constructed at b ~ r t y+l iY a 1 l^1 1 l Greenfield Woods Addition, located in NortIlLsIst Denton, Tex.r9 1}'4 !J (paving and drainage improvenenta) it , w y'Y,(6 `L, # d~fi°.,'. t the Owner, Contractor end City, in cnsi_crition ,t 4, v prooises and covenants contained herein, .Y rae as 1, Covenants of Contractor, Contractor sgrea as E"ll,,w r q, ~ Y . (a) Sep eifications. To construct and Install the lmprc v x ments in accordance with the procedures, specifications it ? 9 PAGE 2 { F'M".~-.- E r , ;y ; Y, , iFEt r v , I r 1 1! i' t Ih T 1'% °67 , r. r ` 4. a,T _ i ` , 1 ° ~ ~ L"qtr y ei yl+ , ~ F i 5 y i L a ) r tl < + s, ~ i, d rv R m@ °E..~ ~ Ja- St , i ; i.^ r ,i v 1 f R;' ~,y~~t + i ffyF a ,t4~ .y r, standard contained in Division It and III of the City's Standati Standatd £ SZcificatioor Public Works Construction, North Ce` ntri, Iu;<as ,t as amended, and all addenduns thereto, and all other regulations, ordinances or <t• specifications applicable to such Improvements, such , u~r c, specifications, standards, regulations and ordinance's being expressly incorporated herein by reference and being Wade a part ,L$1++~', F °n,V + of the agreement as though written herein. 4,y1 f., 4 (b) Authority of City En sneer ~1«ir'"~ y, iK Inspections, Tests an,; Orders. That all work on the Improvements shall be performed in ay`;;f,-,llM good and workmanlike manner and to the satisfaction of the City ty +k i Engineer or his representative. The Cit f y Engineer shill decide all ~t', ~•~,;~,`r, "~er questions which arise as to the quality and acceptability of ~i,ti materials furnished, work performed, and the interpretation ' of 1,1A x specifications. ~~j1? dVt, The Contractor shall furnish the City Engineer or his ~t representative with every reasonable facility for ascertaining } J,.,-+ whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or n-lterial:aA , used without suitable inspection by the City may be orders>~' + F1 removed and replaced at Contractor's expense. Upon failure of the Contractor ro Allo.: f,n' +y r'L`' . to test materials furnished, to SdtiSf1CLQrLLV repail , Le;',5'.;Vi, J, j k Y~ Y 1 l +,v n + replace, if so directedr rejected , unauthurieud or cance:rned '.;30 , or materials, or to follow any other request or order of the (;itr PAGE 3 ~'~y v I `-71 ~,M„y„ac,.e..,..,..., ~.w..;~pp.y,~~~,~¢ Lyy y~~, WtW~^ _....,,yr •1 J , t ,r 1 r `n,1 s "4 ' k4T ' r i,^ i 44 q"j l Engineer or h!s representative, the City Engineer Shalt Owner of such failure and may notify the ' 6 y suspend inspec[Ions of such work ~ 4YA ~ until such failure is remedied, Tf Fuch failure is to the satisfaction of the City Engineer not remedied Y ' obltgatior under this agreement r the City shall have no j er 'r't, to gPProve or accept the Improvements. (c) Insurance. r ;r i'1 To provide f i ` or insurance the in accordance r ith Insurance requirements a r~~.~, A~A,',a•1~Zr, pplicable to contractors as for in Item 1.26 of Division I of provided ~y the Standard 5 ectficatlons for Public Works Construction North Central Texa TL { ^y s~* .ptov181ons of which are s' a amended, the expressly incorporated herein b~r reference' ~ provided, however' for y purpose of this provision only, 1? "Owner," as used therein, Shall mean the City . a ,sr of Denton, t i ,ti„~'+~ ti•„~t;14 (d) Means and Methods of Cons truction .ta; Thac the means and s: a'~ yf 3r, methods of construction shall be such as Contractor mar Jtrll+ " aubJect, however, to the City's choose; 4 right to to for which the means or ject any Improvements ~ + method of construction does not, in the gr judgment of the City It I Engineer, assure that the Improvements were ,,r. t constructed in accordance with City specifications. 21 Mutual Covenants ofd? Owner and Conrracto Contractor mutuall 0OeC `0d y agree as follows; A • tl , (a) Performance "A g f. Bond- Escrow A reement. That if building ' a, ' r permits are to be issaed for ~ the development prior to completion k„' PACE 4 F 'y~ytj~ i i fw t~~ y r " r i ' ~ i P J r Y + °r 5', '`'~'I~IRrIpAtMriww.wv.~l Tr~~ - ~ `'F~ ' A9 •4 , Tt'r + V i`iA~ ' - ! t u''A~ , A yak', r r~ •Y~~t j' , r rs R~ Q i 1.r ~ ~ r ' n ~ r J A~F l A'. fir 1 . ~ F4 % ~ "TJ t I f f ' #y :?e t.n' I .'t5{ S=. ~ r t a. A~ kk .i ir~ .+rY9rl Y y~ , v '~j, ~~r•'' r 1,2. C~'"•.` Y, a •1 ~as. ~ ~~~r ! at } y, : YAW Emu I C I , L ~ f 4' " 1~ u,,+~1 ti1 1 I , t AL~~ ~ffr fir. .4 ~l WU...a a.. ~A 4 I and acceptance of all Improvements that are to be dedicated to' 1R, the ' publ.lut~~ r 4 if~\~ ~4 s$ (i) a performan:e bond in an amount not less than the amount necessary to complete the Improvece: tif~ rts as*° y. 'GK determined by the City En Sneer, shall be i submitted guaranteeing the full and faithful completion of the Improvements maetin. the specifications of the City, shall be in favor of t~4'~, =`:c•~+ t the City, and i hall be executed by an approved (i ar+; ~ ~ ` surety company authorized to do businessi ;.n the State of Texas; or tI 1, 4 1 r ` 3fµ'` s`Y (ii) if the cost of completing the Im rovementsi at they 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 s, City Engineer, may be deposited with a bank a: °k escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without +aN~s exception, the City's escrow agreement form shall "~dalk r be used, , r, (b) Payment Bond; Asan;once of Payment. That prior to lt;+, ,I'~''a acceptance of the Improvements: c~'? a k'4 t (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 guarinteein the full and proper protection of all claimants supplying labor and[' i- material for the construction of the Improvements, shall be in favor of the City, and shall bRrq executed by an approved surety company authorized to do business in the State of Texas; ur ~ +larr3 r , (ii) if the total contract amount of all Impcovcmunt, is less than $50,000 and a payment bond has n7' ~S been submitted in accordance w; th (i) above, C' nary and Contractor agree and gur,rantee that -inv an F fl s all debts due to any person, firm or corpl~r,ltio having furnished labor, material or Loth in th.;'`~~ Frye;" + construction of the Improvements shall be full, , I paid and satisfied before acceptance of thr r n.r r x w; PACE 5c"" r v i.. t +i,hll=4i. "J ~ hk I ` 1 ~ _ 1 ,farXV.lYrn.-. - , rti 1 } f " .F~ ~ ,"t~ ~ 11 1M1ggg~^^^1 ~4. r. S I Y Y ,tj T' L, r t, , p qyl 1° t f 1 „ 1 ~y '1 i a E t'ir t~ 1 " Ik Y q ' ' k. C ~ 7 f~. S~ 'a•, c S i..~ tiF ,=''rl~Y~ 1r ~1 rY Y; ~n, t :.'tx ,1. 't, l . ey a• r2' r y,Y -y ,1, ~ JeFJf, e. I'. I ::e~ me ~1.'t1 .IC 4 e, ~'y 5 F 1~ 1 1 1Y' s Improvements by the City and that, prior to acceptance F ,ih ~11 lw, of the Improveniernts, the Uwner and contractor shall X1'1 furnish a written affadavit, in a form proviceu by tl;e +t ' City engineer, stating that all bins, charges, accounts .,x21 # or claims for labor pertormed and material furnished III connection with the construction of the Q t Improvements nave been paid in full and that there are no unreleased l~r .FA r[ Il" recorded liens filed against the Improvements, or land fly„ , , , to which they are affixed, that are to be dedicated to s4 " ) qN,the public. That, upon the request of the City Engineer, uwher oC . Contractor shall furnish a complete list ut ail r tz- . subcontractors who performed labor on, or supp lie,: Y~ material for, the construction of the Improvements, and, when requested, a written statement trum dny oc each of such subcor,tractnrs or suppliers that :hey haul: ia3 'Ir,' been paid in full, p f1 (c) Retalnigel Final Payments. rlrr .,1 r'' ) lyll i, _ (This provision Il M applier I rk,r4 , ,n a~,y t, a4L only where the Uwner and Contractor are not the same party. T nat , ! as security for the faithful completion of the Improvements f 1 5 Contractor and Uwner agree that the Owner shall retain ten percent 4g`tSa of the total dollar amount of the contract price until after finalL lly Rzy?, I ~J' , 1:, approval or acceptance of the Improvements by the City, The Owner lSl~'! snail thereafter pa r Y the Contractor the retainaye, only after <r,~"t r " Contractor has furnished to the t) ~ 'rler sat:staCtot}' rvt31.n13 ti''a' f.4, x,Sr Ip II all indebtedness connected with the work and all suss of :i,noy du. J, for labor materials, app{ "AV,i .yJ aratus, fixtures or machtnety turni:he'_ for and used in the performance of the work have been° ~ tr paid of s s.. otherwise satisfied, has (d) Encumbrances. That upon completion and apptovai c. , I x r acceptance of the Ir,prov events of the City, t ne lmprovrnc,ncr• of s` ~ ~,~t":e* , PAGE 6 J}a' I , i I . '19.1 lt.!. r ~ I 1 1 i ~ 1~ °ix r ll 3 IF t tit . ° 1 l; i r , r 1 k~ 1 4 rt lyl r: h py f 4-'• C - f ' ; a' i PC V/ '6~'1 .li t r c~ 5~'i~ n ii .~.i .i r? 'i S ~'rM1 tY 1~f Nit{';•}` ~ if~,a?:<} ,i~~ J' r 1 1 M` ~ P ~ (i ~ T lad ' % r1 i r Y , a y 1 oecome the`4roperty of the City cr:re and clear of all liens, 5;~, 14x4 claims, charges or encumbrances of any Rind, If r after accePtatLce eA>'-c of the Improvements, any vlaim, lien, charge or encumbrance is ,,i , made, or found to exist, against the improvements, or land deoicaterl to the Citp, to which they are affixed, the Owner and i,;. A,. Contractor shall upon notice by the City promptly cause s'ucti"rsr,* a tr claim, lien, charge or encumbrance to be satisfied and released or , Y1 I~ y' c lil,r~l'•'~, .z u: promptly post a bond wita the City in the amount of such claim, y r h inn', is lien, charge or encumbrance, in favor of the City, to insure r 1 S, ; J r• s~' payment of such-claim, lien, charge or encumbrance. (e) Maintenance Bond, That prior to approval or dcceptance fw'aof the Improvements by the cityj to furnish a maintenance bond In 3if,, ' form and substance acceptable to th3 City, in the amount of ten ~ r iktA~ + t; percent (101) of the contract amount of the Improvements, insuring Abp the repair and replacement of all defects due to faulty material )p?~~ and workmanship that appear within one year from the date' of ia acceptance. The bond shall be in favor of the City and shall be l +i executed by an approved surety company authorized to co business V " Jt ar,4 tt~. In the State of Texas, (f) Indemnification. To indemnify, detend and saveNil~7 + harmless the City, its officers, agents and employees from all salts, actions or claims of any character, name and description 1(~~i~t s ` sue. i•' brought for or on account of any injuries or damages received as ' austeined by any person, persons or property on account of the ~ Y ~1 d i i t . r PACE 7~~°~r 9lr r 1 ~~i rr 1 , r , , i• 4 3 ~ tGk °~~fri~~~~.1 inkx,~t t•,-r-jt T 2, ~ ,~'~i °r' ,v i~F~~ v L # 6 t e l f' 3 ( ' 1 ~ , Y~ ~x4 t ur r t a z t iiLco 6"V J.. Cnl ai.Y , Mr~, i • ^.x r,t J a r~rt~l,i. J, R ^ d 1',r ¢"(l d 1 rq r w r 1 r t I~ [ ~r 4L t'r IUl: II ~~tl Y' i r.1V 5 ~~S'l~.tl(Y~y '1i ..~k~Fr r. A 4M}' r 4;47 P,7 rI ~,r ,7 t r 444 rrt k; 1f xX' V1, `}yr e i r f,r 14 t" Js k. 0~ e 0p@rdt10n8 , of the contractor, his a gen.s, employees or sub- contractors, or on account of any negligent act or fault of the contractor, ~ , his agents, employees or subcontractors in construction s"4 of the Improvements, and shall € pay any Judgment, with costs, which e' ~s may be obtained against the City gcowing out of such injury or ~Fh, damage, ' ` f Ptk y nA'F j a, `rt' ~ f91 Agreement Contre N~' .r' ~Ky; llina, That the provisions of this'' Ya;. 111, agreement shall control over any conflictin a, 9 Provisions of -any contract between the Owner and Contractor as to the construction p~uwtrr of the improvements, IC Z t: 3. occupancy, Uwner further agrees that Owner will not allow Kf ;ny Purchasers' lessee or other porson to occupy any building within the development until all ,~i ~i Improvements are completed and accepted by the City, and that upon violation thereof will pay the ut J ~{lak, yP1 ; City $30000.00 as liquidated damages, but such ~y payment shall not oe deemed approval of such occupancy and the City may take what- ever action A necessary to 4 restrain such occupancy, 4. Covenants of City. Thai, upon grope; completion of the ~ s Improvements in accordance with this agreement, the City ayrees to y4{ str`y accept the improvements. Nik a`z,` Venue and Covernin Law, The parties herein agree that 9 this contract shall be enforceaole in Denton Countf~ Yr Texas, and if k legal action is necessary in connection therewith , exclusive venue e~,''e' I 3:: ? PACE 8 S `n it 7 p4, r t' x '1~4 yA{ ti p4' i 4 '}M1'te rid rn Lk- TAM , ' 1 , a~M1 w' y ii f'4x , ~ f , t,• , ~ t 1, r,~L :.i 4[,y~.:4~. r": « i +I..xti~ c i ,Sig t ra , ~wM ~a4 7^. , M . a shall lie in Danton County, Texas. The terms and provisions of - 4 tote contact shall de construed in accoraance with the laws and rk; < ITS y r court decisions of the state of Texas, 1« 6, Successor and Assigns. This contract shall be binding upon y` M`„F f y 1 15: 4 ` % r and inure to the benefit of the parties hereto, their respective` ~'Sf b tl T<' ~ , ! 5Y successors and assiyns. I •a'iA "4~' 'h`ared, s •F; c xY6 ?M1 Exeoutca in triplicate this, day of U 1 , 19 ~Atyit~' t OWNER CONTRAC'L kk ri ~Iri',t ` 1'~k 7 Virgil Strange Jagoe-~I lie i v r~ 5 ` r` y4 S k~ 7 c TebaleT Road Assotlate& ee ~4T r ~'4liW Y. pdt,~ c w~~t ,'t,~~ CITY OF UENTON, TEXAS !:r { «5s F , 'A ON 4y 'i'r BY. 49 ,t+ CI MANAGER 1 +a nF s~ ATTEST: 1 r r ~y ALA C LOT ALLEN, CITY SE RETAR yF* CI OF D NTON, TEXAS - V, APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTOHNFY f f CITY OF DENTON, TEXAS bi ht BY: _ li t 1 ' hf . , 1 ~e3 t k PAGE 9*^%t, 1! 4 ~ sr.~a,www.......,. ,Ayr - ' 1'•~• yY i F .i it +e ~ N , r 5 ~i Y 16 7 r y L~ w IF ? r ,c. , , '.C4 ~r 7 d 1r t i,e 1 ~ 1~J3~ ~xl ~ tF r 1 ~ Ile 'r ' E u1 y!t " i 1 ~.~w,r c S i w T N 4~ } eF~^ 3 -Amu Vh} heel .f tL s h~~. Ew a ~;6 ^n j` Y ~;~s a ~ 1. I y ~ 't 11 y11 ( 1~ h r, PROJECT NO. ' 4 y 1. CONTRACT NO. # at g ~ k _ i 1~H'1 i 41, EXHIBIT A Kdt ik<1,, ~y, e.K,p Ji OWNER! Teasley Road Associates Thre s rl Jagoe-Pubiie r„ , a CONTRACTOR: r1 s IMPROVEMENTS LOCATED AT Greenfield Woods Addition, Northeast Denton ;y x r, ~li~ll I da~ lr1°i4' r ~1°~Ilih, AS DESCRIBED 8ELOW1 YY, 4a l,t„ # 4 Paying and Drainage F'acililles (please see Attached) I 't ~~~3 11 t '1 1~~ . yyY J I Y t, C h r 9x1' ' y r { t l'Y ('1 1 ,fYl '~'~Y+11 Ij~1 1 / a-. IJk I wp2 Cis i11 1 rtdti t. tea PAGE SEVEN F d~ ti' y l~ ~ { ~ : r ' a r~lr 1 I, 5 1 ~s: ~t ~I~{F I qyoT, y , ! ,f , a a w , qF 1' S` rl y r l ~ 1 ,41 r i ql ~l.. ~ t 11! 11 1 1 4 1 ~ 1 fir} f I ~ h r , l ti ` i t ! +1r , ant V 1 V ! ~ e' 1r n tj ( y r, 51- I w. ,'r•Ir a~~~ 1 y,r y >t4 < 1 , s ps,, r 1i ~',9yt,'; `~fri sr,,:; '.vim { -1e 1 _ 1' ~t. r s i . n EXHIBIT A rt r la .fi page 1 } w' , 3. the construction procedures and the completed improvements shall be sub- Ject to inspection by the Engineer, the Owner, and the City of Denton. Any deviations from the plans and/or specifications observed by the Engin- eer and/or the City of Denton shall be corrected as soon as is practical at ~w,*;? the direction of the Engineer and/or the City of Denton and at the expense of the Contractor; i 4. the Contractor proposes to complete all work on the project, including issuance of a letter by the City of Denton accepting all public improve- , ments, on or before 15 May 1987; j a h f :t. 5+ 5. the Engineer makes no representation as to the existence of rock on the ?6ty{'9 t ; y, project." However, should excavation of rock be necr+ssary in the execution q S of the anticipated construction, the Contractor !rr 1. oposes to provide such 'w~ ~j:,,yy../+• F~' rock excavation. at a unit price of $25.JO per cubic yard; and 6, the Contractor proposes to perform the work, based on the estimated quan- tities indicated, at the following sub-total and total prices. Kings Row, Interior Streets and Corresponding - Drainage Structures (sheets 1-4, and 6) / 3 Farris Road (sheet 5) hK 1p PROJECT TOTAL (total of above) yy/ 292, OS T/1- ef AA ~t Contra t r r x s. fk. I~ t . Address C. r Authorized Officer f (~/ear rt ~ / r,rli Y'0_ F, 64 4 C Citle l S/;.,<arr C 1 Lr / rte'./! /fG~.v re ey,. at 5 N ~T 5.' ~ r +r 9~ A~' ` 'v Snd of Section, F, i. 0 : '0 .i " rpRR~ ,~l r. ~lp1. r* II Z,, s, I 1 h, if'}~l~6 :'Fay - .nk !;i f ~t ~Y , • " ate I { 4 °~c, a.r k ~oy't1,.d'^ Y'' 4 W A I 114 t° 1 1 ` by , • EXHIBIT A page 27 cl ~s Greenfield Woods Paving and Drainage Facilities y i)NIT PRICES ANA BID, EXTENSIONS: . '7 IIS Vy`i u PAVINCt# t' r V r, Kings Row and Interior Streets: t! ; 00 ~ „yw t y, ` 6095 C.Y. @ S O $ Excny ttions 0" S F yl 00 S.G = 1~' ' w } 2.~ Lime Stabilization §ubgrades 14574 S.Y. @ $ 00 ~YcT r 11.1.1 U fc 2DN/trJ'.t!) Z.S+ 4 I. +il`! Iris rna C'c P 12625 S.Y. @ S S $ f 711 _ y .3. 6 Asphalt: r~Mt >1 ti 1 (Tti. t I~v, 4. 4"x4' Concrete Sidewalks 4040 S.F. @ $ If Standard Curb and Gutters 5702 L.F. I;fr "6. 6" Concrete Fletwork: 1248 S.F. @ S S. ,I~. ya_ ; I,Z w A fio 00 I15~ 1. Rock Excavations : 183 L.F. 1 S_~~• L? S 2 8. GF-84 Barricades j1 9. Remove Asphalts C)n s~~a 1733 S.Y. @ S _y~,~ + Lt/ 2~. 1`.t 10, 5" Temporary Asphalt: 364 S.Y. @ S h~, • S~.U~' I~~,~ ~,rs, 4r'il,i~SY " t 4 is _....11• 411 SCH 40 PVC Pipes 255 L.F. @ $ .6 • 00- • s-.,---/, Z7~ ti 44 oil, Hiscellnneouat Ano.101 &trr e! a 9 KINGS Row AND INTERIOR STREET TOTAL: $ 1+Y J'brie Road: / st~~ aS~ k 1. Excavation: O„ S ~a 1247 C.Y. @ 0 . $ t 2. Lime Stnbt lixytion Subgrade: 21:11 S. Y. C 5 U1= • 'S jl (t.f " L, JJ (K- SC i. 't !J ;,ft 18t,5 S.Y. 3. 61, Asphalts .I ttfPr z, 4. Standard Curb and Gutter: 793 L.F. 4? S . /c 5 S , LYY_} y e a S d" Concrete Flatwork: 703 S.F. C. $ • S- .5 2L0 pis i~~ttt 6. Remove Asphalts On 3. ~a 2176 S.Y. 4 5_~ , • S / ~~tJ iVS"~; ;y* 7. 5" Temporary Asphalts S~'' 2J $ ~i 1620 S.Y. @ 't ~1 jlp, ~t, / nr If r' c 8. Miscellaneous: fti C Barricade! $ L J,, jQ vcI :t. 0`0 !,V It e -j 00, u ~lkf .4 ' FARRIS ROAD PAVING TOTAL: S__-L...=- y 1 . i r~ t~.i iij It y'' ,5 o z " {ply gyy Ii i f s t' , i,,`, dtn~ r a an 9y 3V i r11 1 t " ~ ~ ' t .ze ..a ' A ~ .fan r• 'k~ ~ r-4 ~1C.IY tt t ~ Y , r 9 T)Y.:~ ' } I p. EXHIBIT A l7, ,tl r page 3~~` J s' f Greeafield Woods Paving` and Drainage Facilities UNIT PRICES AND BID EXTENSIONSt' r, rt . DRAINAGE:'~rP t Conga Row and Interior Streatsi " . C 1 1 18" RCP class III: 79 L.F. @ S_/U -S~!r7. 24" RCP Class III, 313 L, F. @ $ 2z. p0 •S-l y' ca i 30" RCP Class III: 441 L.F. @ $ _ 2~,g5 i - rtl ti`p Y .r~, 2. 36" Storm (1): 339 L.F. @ $ 48" Storm (I): 36w . t» M k. L. F. " { 54' r.9 I . Storm (1}= 652 L.F. @ S.,Z,so•S~ r _f ` r 3. 4'x3' Box Culverts (2)i 233 L, E'. 1? S (j, Q btn t 4. Inletst 6e Standard @ + r 2 each rl 8' Standard gyp/~~ f 3 each < a 10' Standard 3 each @ 4r'VRv ~1 14 , lei` 12' Standard 4 I each @ ,ST11 oo c4, $ _,4,° r ,t .l ur Fb td 5760196' l ta2et;Type It y, - pf 1'#~''. .c 2 each @ S/.5as~ Speoiel 8'Inlet °t 4 Y~ /2I 1 each @ $171/, °4.g_~711. jai;,", yF'~ J r; 61x6' Jupetions Boxcar 61 ~Y~ra /Jer4,r, . 1 each ~ 'r 02 1 each @ 51981,°'-S,~ ~"~4'#'.~~~k,~, 13 r ~,r 1 each 8. Four Barrel 61x2.5'x46.5' Box Culver t li ry N with THD mdwe7}1 SP+c. • EA's. /Scc r lid) / T1c('i KatC~F p:r sr so. n, "s; lncl~ t _ 9. Hiseellanaoust W me 't Pr6~e'kv't I~~, L". / I ''r ~ 'j' " `r}kM i ' ! IO[t K:llr/' lever A DRAINAGE TOTAL FOR RINGS ROW AND INTERrOR STREETS: S L~.>> {G pi `t' t~ (1) Acceptable pipe material alternativea are lass ill R~ C) nkld ARM as Ji 4l~ iC0 i!, t r ;,r w,~s~ ~q ! r! concrete lined corrugated steel pipe. Bid only'o~,:rand pacify wirich, - ` ,t,,r y~ a 1 ry (2) Either teat-in-place or pre-cast (H-20 class) is acceptable. ( ~~;y f'tl C)mS Lu ge P"s 0(6l iT ~1 re en..: rn er)Jj f)rrk~cn J. ~.nr C7 C.~~c•.' r0' ,it;1~:'~~y 's, ~ ?Y ,E ~r i 1 h1b` { , :AS ~~r 4)o (34 //MUr n 339 A.t: X4,?, r 3 ) ('yc4 36~A f, xb'1~)!(S>! : 6lJ~.f,:ir,iy /2 /3+ ' yjt ~ MI la k f /q,R p" ' Il 1 , l y r rr , y r•( , ~y r r Y' Y. 3 e ~ is EXHIBIT 4 % 1 R~ ~7 r.. Greenfield Noode ky Paving and Drai pa e 4 nags Facilities UNIT PRICES EXTEND AND BID tfi~? . y, . IONSi SCHOOL DRAINAGE SYSTEM; k _ .IK). _ .r--rr 1 4{ Xia$e Row and hterl Streets, + i.. ' atis5! ' fi. AIternats 'A' ~rE 1, 211, RCp Class aJ'' 241f RCP,Cleas III: 179 L.F. @ s $ o } 3'..... lot tandard Inlet, 929 L.F. @ $ 6' x5' Junct". So; 14, 1 each @ - -$~o~ ^co,. ei p' 4, 5"P14 Headwa $ oD .5-v~ , lI @ J2+00 Farrier 1 each @ S, 4' Storm Manhole, 1 each @ b, .-Miscellaneous: each , r SCHCOL DRAINAGE TOT f.,. ` {s AL FOR ALTERNATE 'A ~e.) GiJ . r Alt - cafe 081 , , ; I 2b" RCp 36 "x e1 C1eae IIIt „ 4 20 r e 24 yyEt' 964 L.F e c, 3. 41 Storm 1 Manhole, I each 4. S lo @ ~~a 00 ping Headwall 6 I each ~C~ co - SN, S, kiec0l, , 32+UO Ferrier @ $Lk-'Q eouw: I each @ SCHOOL DRAIN ACE TOTAL FOR lLTERNATE 'S': A I r5r. End of Seett,,o. C7( o.• r er r r 7"k , A ,4 i P i r' qcor ISSUE DATE 1M 6,,aD1`/1) PpOODUCER 1/20/87 THIS "A"ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS a i'CXII I CORROON 6 21LACK/FELTS GROTTY POhIE EiTEND ON ALOTEN THE COYERA I AfFOROFD YYCiM! POKED OES NO AMEND, ~r r = , 8300 Douglas Suite 700 Dallas, Texas 75225 COMPANIES AFFORDING COVERAGE COMPANY Ty { LETTER A NORTH RIVER INSURANCE CO142ANY INSURED LETTERNY B r INTERNATIONAL INSURANCE COM?ANy u~Lr JAGOE-PUBLIY: COMPANY OMPARNY C P. 0, Box 250 UNITED STATES FIRE INSURANCE C0E0?ANY d' Denton, Texas 76201 COMPANY D LETTER U COMPANY Y ~ LETTER THIS I HS AMIDINO ANY TNATPOUIE%OFINSUPANCE USTFO/FLOWHAVEBEEN ISSUEOTOTHEDAL'RED 94 ISSUED D Oq WAY DING REOPVI TERM 0# CONOITMDN Of ANY CONTRACT ds TN[►OLKY PERO^INOICAIEO, T ISSAY PFRTIIN, TYE INSWUNC[ AFFORDED BY THE POUR; iES DESCRIBED H5RFlN q SUBJECT TONS OF /UCH POUCiES OR OTHER DOCUMENT MR TM TN ABOVE RESPECT FOR TO WHICH THIS CERT .TCATE Il TO A MAY LL THE TERMS, EXCLUSION!, AND CONDO. CO TYPE Of INSURANCE 1 LT POLKY NUMBER WT 1 LUmyy) MC p ROX LABILITY UIMITS OI THOUSANDS ~ GENERAL. UA/ILITY iMWZY4 H R [ COMPREHENSIVE FORM fDATE r PAEMISf5/OPEMIIDN3 ft0jAr S S A cOLLARI WARD FPOPeFn PgppI1CTSLCMPLFTED OPERArgNS n,MA,f S $ CmTwtuk 540 840825 10-1-86 10-1-87 INDEPENDENT CONTFLCiyRS a L ro co,reltED $ 500, $ 504, BAOAO FORA PROPERTY DAMAGE f PERSOW R/A,gy . PERSONAL INJURY s 500, FFF UTC ANY AUTO ar, , ALL OVMED AUTOS (Mo}r~V~gPASSS I II ^q0y s 1(~ - ALL OWNED NUtOE Owl I onNL11r tr B ENAED AUTOS rmfM $ NONaMNFTADTDS 540 8586315 10-1-86 10-1-87 PaoofRr DW LAUEIn DAMAO[ S EXCESS UABIUTr LCOAMU ED $ I, C NABRELLA FORM DNA TMAN MhLA PW..A 52.3 4185053 10-1-86 10-1-87 cNOAMBFOfD ~ 000, S A WORHEAS' COMPENSATION 000 } AND 408 -45-13-82 StATUm EMPLOYCPS' LIMIl11Y 10-1-86 10-1-87 $ XM AIn ' S SEAU AaaY LIMIT) OTHER - $ ~.~SEASEEA(7IFMP1Cya 4 . JOBT 09702 tree field Woo S Pavin T. g- articipati,:. CESCRPTON OF CPEMT A)NSROCATIONSHEHKIESISPECIAl 1TFMS '•.,f ,I y; All operations in Texas All Automobiles - owned non-owned or hired. LOMA L.1" TEASLEY ROAD ASSOCIATION SHOULD ANY OF THE ABOVE DESCRIBE AIL D POLICIES BE CANOELlEO BEPOpE THE [X• 417 South Locust 0105 MAIL DAYS WIN TENFNOTIC[ TOStM1VING WIpIgENDEAVOR THE ' Denton, Texas 76201 LEFT, AAURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUOA Co ANY RIND UPON THE COMPANY, ITS AOENif 011 REPRE S ENT I S. 0#LIAIA ,UT~RT.EO REaRESEti',ri~E ORROON A BLACK/E .~.~QT~,X~OF~ 09 4h"" s y nl .S ~ l~ s yy ~ , n y , 1 t i. s • yyf *Y r ; G; THE AMERICAN INSTITUTE OF ARCHITECTS yyi , ➢rI f • III ~ ~~r . y. er t? v, i~. ~FNf pf AIA Document A371 " ~ 7j < rt , ~ ttL~ * ~ r 1; ~i y ff Performance Bond e • v s~`v\hN ~ Lr. r ti ~ ,M1 ,e-~ . KNOW ALL MEN BY THESE PRESENTS: that r~~ dal Me.1 InuA Nn r. rr .~f edLe„ e, keel IHtr of Conlrerbd ..E~ '";'f r i - Jagoe-Public Company P.O. Box 250 Denton, Texas 76201` as Prlncipal, hereinafter celled Contranor, and, PRH 611901 N" rrme and eddm, of tend MM or S,mM " Seaboard Surety Company o~,ita r v"' t X,i as Surety, hereinafter called Surety, are held and firmly bound unto' tt, Teasley Association ale+, Ilnen 411 none end W41 l w 4pl WI1 N OP.ne7 as Obligee, hereinafter oiled Owner, in the amount of Three Hundred Eighty Nines' a". i Thousand Eighty One and 70/100 Dollars 1$ 389,081.70 1, r; ~y r t. ' z for the payment whereof Contractor and Surety bind themselves, their heirs, executors, adminlstraton, successors and assigns, jointly and severally, firmly by these presents. f1,k ~ t ' r• WHEREAS 6: Contractor has by written agreement dated Ja nua r 20 1967 , entered into a contract wlth Owner for 19702 Greenfield Woods Paving - Partfcipation ra'")~+'~I ~ ry1 In accordance with Drowings and Specifications prepared by t ,r'y Mete Inun NII n,sne end 81141.114 w Prier 1,119 ed AMM IN11 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.it5'' L f' Ie 0.1 1 AIA DOCUMENT A711 a ►LIIEORMANCt IDND AND LADOR AND MATERIAL PAYMENT IDMD - AIA • 1T 4r l•lJ rtRAUARV1070, LD.e THE AMEX PCAN. NSTITU1E Of AACHITLCTS, 17» N.V. A%1 N, W, WASHINCI DN,D C.taoos 1 is r5 ~ ,ty l t 1 ~ V~r1h~'.rL"te/~MMwwA+.•^^'_ 1 1,.. 4 I err„ I 'A r a r r. ; II ` y 1 ixV, i `i• 1I `t. T f • " --a I R 1 1 +r y.. h # `S..y,F .f'P ° , r ~ e f~ SSA` f~yzi',L. .y i,{ Y'i~,V E+i ~~s '~~.•~,,t ri ~ r ~ r. tYk art NOW, THEAUORE, THI CON01110N Or THIS 0110CA11ON is such Ihat, if CDnha010r shall promptly and faithfully perform to ,l•„ said ConlraCI, than this obligation shill be null and void; olherw'ise it shall remain in full force and effect. f' The Surety hereby wawa nofice of any alteration or defaults under the contract or Conuacu of completion r, rr r i:, atension of time made by the Owner, arranged under this paragraph) sufficient funds to pay the 'yk F t1 cost of completion less the balance of the contract price; whenever Contractor shall be, and declared by Owner but not eaceeding, including other costs and damages ~ I to be in default under the Contract, the Owner having for which the Surety may be liable hereunder, the amount performed Owners obligations thtTeundtr, the SureM2+' set forth in the first ararah hereof. The term "balance tvt may promptly remedy the default, or shall promptly ' of the Contract price;' as used in this paragraph, shalt It Tl Complete the Contract in accordance with Its trams mean the total amount payable by Owner to Contraclor~1' l"'r y M' and conditions, or under the Contract and any amendments thereto, less ry !I,t the amount properly paid by Owner to Contraclor. PI f"+ ' yr 21 Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before Af` accordance with its terms and conditions, and upon de- the expiration of two 121 years bom the date on which termination by Surety of the lowest itsponsibte bidder, final payment under the Contract fallt due, or, Ei the Owner elerls, upon determination by the ; Owner and the Surety jointly of the lowest responsible No right of cation shall accrue on this bond to or tot d G k bidder, orange for a contract between such bidder and the use of any perwn or corporation other than the Owner, and mate available a1 work progres+.es (even 'nvner named herein or the heirs, executors, adminis• r. though there should be a default or a succession of Inlort or successors of the Owner, y4~v~ ' NY 1 # n?1p ` , i1' 1Fr' "a , M'I~ 1 ~ • 1 r.~ r r ' r i .h' yr t{ i N r m( 4 In I. ff u'r: v~ fr.n, pal t +tr Signed end scaled this 20th day of January 19 81 Signed &nd scaled this t , r ;X rP nnyury tknl ' ek ~ Glvd,r' ('tr; kr L' v+ IWil M`)+J ~ TYi t r ,t CA~r9a 1 `.r CORROOH Bin^'~/tkkE, CRIJTIY FO'+VERSr°"" ' 6 8300 DOUr-LAS AvE. SUITE 700 Seaboard ;y_rety Comcanv DALLAS, TCXAS 75228 }ur1,~yl,q q Tel. {214) 687.41 W4 IW7lnlrl) ~~p hoc , Posemary Weaver Attorney- In- FaCt r i. 9 AIA DOCVMENi AM • PIRI(MMAVCI POND AND UA(1A AND A(ATIRIAI PAYMIN7 IUND AIA F flnllUAKT PINT Q1,• THE AMEKICAN INa111V11 Or A10111105, 1111 N.V M4„ N. W.,WASHINCION, D. C. 70006 2 <p~' s n I ~si 1 + JfJ M. I r y ,P tr 'b l' t' r ' ' + as , fly ail f 1~ j , ti I t • a A , ~3 lkJ P ~ , ~ I , f t , , , aCp ~ Yom. ~~rq% ~W i~f?~ +~rF y• yw t~ ~~i s OF' STATUIORY PAYMENT BOND--TEI(AS ? ` N I !PRIVATE WORK) F F.4QW All MEN IT THESE IAESENTS THAT, Jagoe-Public Company a+ I Orlifinal Contractor (bersimher called the Prinoirs0, as PrlWpol, and Seaboard Surety Company I corsentioa organised and!, canting anbu the lays of the Stet of New York with Rs principal office in the city of ; r I 1' New York 5, (heretnaRer called the Surety), a Surety, are held and firmly bound we Teasley Association (Aerefmhes called the Owne), in the amount of Three hundred Eighty Nine Thousand Eighty One 10/1 [are (3 389.081.10 i (ben Irm an amount equal to IM tobl ranted price) for the otyment whereof the mid Principal and Sunh bind themselves and their heirs, edmin}stnton, executors, tmws and euigne, In fl;p ' k Jointly and stnrelly, firmly by these presents. x 4N r YIHERFAS, the Prndpal his entered Into a cartiln wrtlen contract wNh the Owntr, dated the 2 0th day of r. January _ 248Z,to 09702 Greenfiled floods Paving - Participation ~ ~ 'pmt t,. r r. I c t. ' which contract b hereby refaad Is and made a part hereof a fully and to the same extent as N copied at length herein r A x x <';; kt; NDW, THEREFORE, THE CONDITION OF THIS OBIIGAttDN IS SUCH THAT IF THE SAID PRINCIPAL thin prompt! pay claimsMs for h an labor, subcontracts, mterbis and specaly fabricated materiab performed or furnished under or by vidwi of m:dy canted and duly r g v 1 r authorised formal and usual tstrae thereto (not to exceed 15% of saed contract price), than this ebhlation shall bt void, otherwise to romeia G r'r a In fun lots and erred; labor, wbeonh materials and specialty fabricated materbb shell k construed In oecofdenes with Adide 5454 Vernon's Revised CH S4tides of Tent 1921, a amended by the Ads of the Refuter kwaft of the 51th Legbieture, 1461. $s',, < I err t s F11OVIDED, HOWEVER, that the Ownef hating required the said Principal to furnish this bond Is order to comply with the provisions of "do S172d of Vernon% Revised Cirn Statutes of ?asst added by Ads of the Refuter Stuton of IM $70 tefbldute, 1961, an fehts a ~~a a F and nomadism oa this bond shall ?nun selely to ouch cr rb and shall be determined to accord3rca with the provisions, condilioa and hr'"s limitations of mid Wit Is the son eAtat a H they were copied at length herein x u r t S ` ' IN WiT1'flSS WHEREOF, the Bald Principal she Surety have signed and seated fhb Instrumentet R 20th January F day et__-- 14 B1 t I J a o -Public 06" n fSaO v~.,a ~rlndpap i f I ihe foregoing bond bhereby approved, / Y• ,r ' ` , i I• Seaboard Surety Company 1 l~1 ~d3e?++ OwNI /osemarY Weaver AttorneyInFid f", ` CORROON & PIr"''!LjQ ER ifY PrOfIERS Address 8300 DO'vt i,. F, JITE 10,7 ~F fit(, i DALLAS, J EXi1S 7:225 Aot$ Tel. (214) V67.2100 Fr k 9 ➢J r• , I ,I'e •,1 M1 rl NK r ~ Y 40 'A4 DUAL OSLIG£E RIDER wti ~ ti~~~4 n :.t t yl~y I ~f TO BE ATTACHED TO AND FORM A PART OF Payment Bond No. aU VAl ;issued , by ea oar ureL7om an , a New or corporation, rl ;a' as urety, on the day of_ anuary A.D. 19 87 on behalf ofJagg__o~ee-Pub is company as Principal in favor of. Teasley as Obligee. 31x ti r Whereas, upon the written request of the Principal and Obligee the t "T rO attached bond (s) is (are) hereby amended to add x City of Denton Texas 4~1 as an a t ono aT-bTig e- s1 Provided, However, that notwithstanding anything contained herein, to the contrary, there shall be no liability on the part of the Principal oe Surety under this bond to the Obligees, or, either of them, ;{i'•;« unless the Obligees, or either of them, shall make payments to the Principal, or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with ;krr the terms of said Contract as to payments. t: IT IS UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the'above described bond (s)yr,,1 er except as hereinbefore set forth. xa5 SIGNED, SEALED AND DATED this 20th day of .lanuarv A.D. 19 81 tl:"LC ~:a "7aa Seaboard Surety Company ,r k)`+< CORROON A BtAC',(/ELLIS CROITY MVIERS SURETY f 8300 DOUGLAS AVE, SUITE 700 ~,q Ije+ DALLAS, TEXAS 7' 225 By:! 1 ClP/ T Tel. (214) 987.2100 Rosemary cleaver ttorney- n-Kip ac 1~iwy: riV~ j ~x7, s s.I ACCEPTED: Ja oe-PPublic Compaq Prime "1~' tl ` 'ark, z BY CL k I Ir Obligea i By: , n r Ir. n,4 t 'V u W y" y. S l a I 1• 1 ~ JE. y f ' - 11 Q~V t tip 1 ' c;tlned copy Y 14 5 5 SEABOARD SURETY COMPANY NO. 1626 New York, New York POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thal SEABOARD SURETY COMPANY, s corporst'4+~ Qf the State of New Ycrk, has made, constituted and appointed and by these presents does make, constitute and appoint Wi l lard Crotty, James No Powera, Peter A. Rush, William G, Rlingman, Orvil B. Coborn, Jre, G.E. Easley, Rosemary Weaver of Dallas, Texas Its true and lawful AttorneyAn-Fact, to make, esacule anddellver on Its behalf Insurance polices, surety bonds, undertakings and otherkistrumenlsofsimnarnatureasfollowc Without Limitations Such Insurance policies, surely bonds, undertakings and Instruments for said purposes, when d;Ay executed by the aforesaid Atiorrin-Fact, shalt be WrWing upon the said Company as fully and to the some extent es It sylnad by the duly authorized officers of the Company and sealed with its corporate seal; and all the sets of said Attorney-In-Fact, pursuant to" authority i hereby given, are hereby ratified and confirmed This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company On December 8th, 1927, with Amendments to and Including January 15, 1982 and Asia still h full fares and effect: ARTICLE VII, SECMN 1: •Poftli , bends, neognlzances, saplAaltoru, contents of surely, und•rwnttng und•wakinas and Inslwma is r•ia0na ehar►la Innsrance potklea, bonds, feeegmsancel. alipulatanacomesnts of surely Andunderwnttng underuk Ingo of the Company, and m eaeet, egresments and whir wrlGnay 1e411rq in anyway thereto a to any claim or lose thereunder, shad be signed In the name and on behalf of the Company fat by the Chairman of fed Board. eN President avite-President of a Realdeni Vlen-Prelident and by the Secrelary, Off Assistant Si a Resident r seerly of a liesldmt Assistant Secfelarf, at ibl by An Attomaydn-Fan for the Company appointed and sulhoriW by the Chairman of ale Board, the President of a Yloe-Prosldenl to make such tlgralure; of (q by such w4f officers or repreeantalives is the Board may I" eme In liras determime. The sear of ere Company $half d appropnale be afted thereto by any "h officer. Anornaydfrfact or represenulwe' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed ty oral of y Vice Presldenb, an tta COrDOreta seal to be t lreunlo affixed and day anesled by one of its Assistant Secretaries, this th.._.. day of ep_ em_DDe.7_ .,19.. fi:}S} attest. sEASO SU ETY(OMPANY, B' ._.~1CL1 MetstaM (Seneury PreodenS r: it.Z01RX STATE OF NE COUNTY OF On this day of SeP.......,.._ tember _ 19 ..8 g...., before me personally appeared a a vice-President of SEABOARD SURETY COMPANY, with whom I assn personally acquainted, who being by me duly sworn, sold that he resides In the State of NeW._JArA1Py..,: that he 19 aVice-President of SEABOARD SURETY COMPANY, the corporation described In and which executed the foregoing Instrument; that he knows Me corporals seal or aid Company; that the seal aKlxed to laid Instrument Is ouch corporate seat that it was to affixed by order ofthe ftlpl~~l rf"UaidCompany,andthat hesigned hisname theretoasvice-President of said Ilk0 Author~Rn. pro" n WAS f)LPk0%l00.'nr4 .Ail To. tlotaN F":h.latpl'"nerl coon t•} J7 l NorAAy ~s Ahhed In 4raV 19 IC Tsavatc f eo ~rOtfiuteFll am PUSt k h~' ry • mbaton Public CEATIF1CATE a~tne~ ed AS$41ln4Senetaryr. WBOARDSURETYCOMPANYdoherebycsrtl"alt ongmal Power d Attorney of which the fowgoina to sfu A,tri,aa Frew cony, is in hub tome am a hew on the date of this Caniticale and l do turleeroriily thal the Yrce-Presdena who executed the said Powerol •f Anomaly was one of the OMlcln outhunted ty pal Bead at Direclon to appoint sit slfornay-indm t as provided in Article ffu, Satan 1, of the Ilydaws of SEABOARD SUREYY COMPANY. Trait Certltkan may W ligned and foaled by facslmile undw and by authorly set led klfdwin miswuf ten of the Emautlve Committer of the board w DI?Wore at SEASOARO SURETY COMPANY Ala meetirp duly ceded "hold on" Mori day of Larch 1970. IE 'RESOLVEDr t21 That the use of a printed facsimile of the corporate leaf of the Company and of the Ilgnalure of an Assistant SacnAary on any I caninaeon of the cofroclneea of t copy of an u ratrument esaulM by the Presdent are Vice-Prudent pursuant to Article VII, Section t, of 1M By{mws appointing and authorizing an allomq•kn-law to Alen in the name and on behalf of the Company surety bonds. underwritifp umdertak Imam of dinar inetruments described in sad Ankle VIP, Section 1, with like If fact As 0 each seal And Such algnalms had been manumlPy mfkxad and made. hereby Is aIN WulM*rited And TNES9 A^provWHEed' REOF, i a hereunto set my h" mind alflxad !1?e rporate seal' of Company to these presents this r day of_._...,_. -Ult 1. C a uMLnt ' iatary I r'a ' Pam, adr Iran f" for vex lceion pr n'^n ire btdy Vir tfrQ: r)PA'l. r Y.u,.ly Liq r.I'I ir, t ?II 741)0 u Nj z,:,..,stir ~y r. ^,rF PICtl°nr¢re+tothe P,1^1 of Allorney numhf, I P Above nnrn 0 ir~d v rLnl'A, a d COO IA 'r r= h r f'u w I n-~ c e A r J M^.n. _w^,ra~..y,erYPRe,?k ♦ ♦ a '~,M~.,,n ~.r~_.. ...._,wuw " tv><ti~rg,vra:ak:LeLlan,Aa «t+slv~id.lflWO T7Y (!r 1 i . y' x OVA,. °p4 s{yr $,y. ~ 45 1R~,.f rS . a~ . ~ i,~ 1, 4,.•i l~, ~ .A. P DUAL OBLIGEE RIDER s 0 RIDER ADDING ADDITIONAL OBLIGEE AFTER EXECUTION OF BOND x TO BE ATTACHED TO AND FOM A PART OF Performance & Payment Bond No, 10 yd`-Fr- , ssue t y Sea oard 5 vet m , a ew or corporstion, as uroty, on the 20th ay o _ Janu on behalf of Jaaoe - Public C omoanv as r ncipal in favor; r1 At, y; P of Teas _ey As sedation as Obligee. } WHEREAS, upon the written request of the Principal and Obligee the attached bond (s) is (are) hereby amended to add ~r, Cit of Denton Taxes spa, i as an additional obligee. PROVIDED, HOWEVER, that notwithstanding anything contained herein fiu,, to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the ~k Obligees, or either of them, shall make payments to the Principal, or to +'r r.' " the Surety in case It arranges for completion of the Contract upon 'a+t default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shell perform all the other obligations ~L.;C•: r , " required to be performed under said Contract at the time and in the manner therein set forth.i "::r:• , IT IS UNDERSTOOD AND AGREED that nothing herein contained shall ;a t,f be held to change, alter or var the terms of the above described bond (s) except as hereinbefore set forth. } n3 ` SIGNED SEALED AND DATED this 20th day of January t 1 ~A. D. 19 87 { ~ :w a. Seaboard Surety Company , CORROON & CI 1f' /FtLIS CROTTY P04YERS surety 5.300 DOUCL4; AVE. SUITE 700 gf ' DALL6,s, TLXIIS 76225 t ' I'~ i \ r r ; p By 76: Tel. (214) 687.2100_ a Rosemary Weaver Attorney-in-Fact it ACCEPTED: Je oe-Public Com a;°y nc ^1 City of Denton`; gee~~ a r a tit 7 X I T ~i i Y 1461, r Certified Copy SEABOARD SURETY COMPANY No. 1626 New Yor1t, New York POWER OF ATTORNEY KNOW ALL MEN 11Y THESE PRESENTS: That SEABOARD SURETY COMPANY, I corporab tit the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Wi 11 and Crotty # James N. Powers, Peter A. Rush, William Gy Klingmant Orvil Be Coborno Jr.a G.Ee Easley, Rosemary Weaver of Dallas, Texas its true" lawfut Attorney-in-Fact to make, ex acute and dellYer on lls behalf maul once potkks, surely bonds, undartakfngs and other lnstrumentsof sIni nature m follows: Without Limitations Such insurance "licies surety bonds, undertakings and Instruments for said purposes, when duty executed by the aforesaid Attorney in-Fact, sha;l be binding upon the said Company as fully and to the Same extent as if signed by the duly authorized l officers of the Company t red sealed with its corporals seal; and all the acts of said Attorney-In-Fac4 pursuant 10 the authority hereby given, are hereby stifled and confirmed. This appointment Is made pursuant to the following By-Laws which were duty adopted by the Board of Directors of the said Company on December Sih,1927, with Amendments 10 and including January 15, 19112 and are still In full form and effect: ARTICLE VII. SECTION t 'Polk es, bonds, reeeanieancts, supoollons, oanae nh at surety, underwt ling underlehtngs and irulruments nlaene thorala. - Insursnce poi hands, recognisance,, nipuluhne. coneants of surety, and underwri"it undertas iro al"Company, and Win", egreaments V d olho. 1 rrdinge n411ng in any way thfroto M la eny clam or Des thereunder, shall be signed in the alma ahd on behalf of the Company (al by the Chairman of ihe Board, the President a Vk. ] President t.r a ResldenI Vic,-Prealdenl and by the Secretup an AUiatanl5Wa1VV, a FWMdN4 Secretary or a Resident PUWAnl Sedrelaryl or (b) by in Attorney-in-11I lot the Company appol need and outhorlred by the Chairman of"Board. the ! protldenl a e Y~caPrestde+tt to make auto atgnaNn; or k) by such other alikero or reprosentatlves all"Board may Iron time to time de:ermina, The seol of" Company "lid appropriate be am.ed thereto by any such orresr, Anomry-in4act or representative' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one ofbtY ce- Presdents and its Wrnorate seal to be Wounto affixed and duly attested by one of its Assistant Secretaries, this ._...44__ h..._ day of. ?P e_..._._ _ 19_92 ,errs ► Attest SEABOAR SU ETY COMrANY, Y AauelaM Srtsury President STATE OF N Y RK COUNTY OF YORK Onthls..:.~4t.____... da of September .............19..85..,, before me personally appeared y . .,.,...Michael .~....1Cee,9An1...... a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides In the State of TteW...Jld)r.0I3Y_ ; that he Is a Vlce-President of SEABOARD SURETY COMPANY, the corporation described i "which executed this foregoing instrument; that he knows the corporate seal oft aid Company; that It a seal affixed to said instrument is such corporate goal: that it was so offi red by order of the ~riLRtdl~lf~rid IId Company; and the t he signed his name thereto as Vie-President of said like sutholtt;•,RChiy„ gist, bto doe ' Carl pctarY pt„n, ~tQ i}„nnnA puntV Is NVA f ptieiifledi tt~s Ne'wYo WC,,t9aE ? ry ~O a Carollcsta geaMsrrJt PuItk &Mtnlsslon C E R T I F I C A T E ntltt Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify thelt ,original Powu olAttorney of whkh thelotegoing ll I luu, trued rreel copy le in full bra andeaen an Me date of this Cenibceto"d l do runneraAiylhat the Vice-Prslidentvrhoexecuted ltN Said PGWereI Attorney wa one of the ONieats sulhoriead by the board at Direetore to appoint an attorney-to-lxl as provided to Art'cde VII, Section 1, of Ne SY•eaws ol, SEAaCAHO SURETY COMPANY. This Cortifkale me be signed and sealed by htcsimtle under end by authority a, the bllaoI resolution of the Executive [Ommitt" of the Bar a of Directors of SEABOARD SURETY COMPANY at a meI duty called and hold on un, 15th day of March 1970. "RESOLVED. "I That Me use of s printed fecamlle of the eoi seal of the Company and of the algnalure of an Au1e1101 Secretary on any certification of the eormwass of a Copy oI an ind rumenl executed by the?reaidenl or a Vke-President pursuant to Ankle Vll. Sell %of the By-Lams { appointing arid euthorbing an attorney-in-fact to sign In aN 111 and on `.!half of trr. comp ti' surety bonds, underwrlbna yndertskinga or other Insim+meels described in said Article VII, SeI 1, with IAO enecl IS N Such seal and Such dgMlwo had been manu►Ily stf~xed NS made, hereby Is authorized and approve,' IN WITNESS WHEREOF, I have hereunto set my Magid and affixed the corporate $eal o' the Company to these presents this t~ tf~ day of ....,.[~t.JCI._..._. T ~.7_ mn.'i Pon 151 IRrt. I'" ru•, IIr,P onul'hrao y r,11 A!; J' rr I".LIrC 11 r t1, 2I191, ad01r l, IYY'rP -r A •,ri°x(111 . PrJSn',r4rluI nP,Aoe olA 'Pyra^he I M P a h, Vfi nn 1,P I ~ndv 7 d1. I 1 Pre] an, IS Ol P' I 1 Pr I iv whtIi ll, y,nr ya t lid ' ~ .n.r,,.. T.,ram.wx-.i a~vi'611ri':SiK`.A%+Y.Aig4'ik'FLdA'.::r'JFCMV^'•••.... ••vr.,,.r w l r 1 J ~f r 4~~ tr jb is err Y ~i 4t I F 4 l~ t+~ a r -4l 4 5 v s s( t xi'f i ~ tl Y~ f x . r! h , .i vx ~ Y w . r ('p ~+1t 3 % 4i I tilt d r~C - T-1 ~ r tt r' S ( ` 1 ~rY t 1 ' n Z,h~~ I i Y a Ii, R F r s a yg 1 J d t l Y tlrz~, t `v1e" ""4 6 h ~.`~Y'. t ° a„ ~ t ~ , w5 ri5 1 1~ e1~ PROJECT NO, nY CONTRACT NO.-L.:g- o THE STATE OF TEXAS K CO7NTY OF DENTON DEVELOPMENT CONTRACT C.. Whereas, TEASLEV RnAn lsSSOC1ATE5 qyp 0"1 t4 4 hereafter referred to as "Owner," whose business address is{ ; ' P,O,BOX 117, D ENTON, TEXAS 76202 Is the owner of real property located in the corporate limits of r the City of Denton, or its extraterritorial Jurisdiction; and Whereas, Owner wishes to develop the property and such "}kr x d. V development must be performed in accordeaLe with the applicable rr{' 1Y i ordinances of the City of Denton, hereafter referred to as "City", and R, Whereas, as a condition to the beginning of construction of ' said develo meat a st` P , development contract to required to ineere that all streets, water and sewer lines, drainage facilities and t' other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed inn, accordance with the City's specifications, standards and 4 - ordinances; and :k {select applicable provision as follows} y%y+Flti'` 1 ' dd qq1 'S ' '3 t ^Yt~/~ . }Whereas, the Owner elects to construct the Improvements f E 1 ~ 1 F d without contracting with another party 48 prime contractor, in } xa,1 't l 77 , rr~~ ~yt d t, V e e 4 4 , . 4 W c. 41 which case the provisions of this contract which refer to "Owner" I s ~r4 . or "Contractor" shall mean the Owner as named above; or , pp4 r' (XXXXXXJ Whereas, the Owner elects to make such Improvements here- 1 after set forth by contracting with JACOE PUBLIC whose business address is I t J 3020 FORT WORTH DMNO DEMN, TEXAS 76205 , hereafter + 1 l w~ , i , referred to as "Contractor"; and rH Whereas, Owner and Contractor recognize that the City has an ~S,d 11th,: ',FS. interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, "k become public property, are properly constructed in accordance e „ with the City's specifications and that payment is made therefor; S, I `i, ~'ti fop. WITNESSET}i 1 t ~ t} 1 As to the Improvements to be dedicated to the publicr as S 11 L J specified in Exhibit Al attached hereto and incorporated by reference, to be installed and constructed at WHITNEY PARK, a new subdivision located at Longridge and Teasley Lane in South Denton, Texas } 4r - the Owner, Contractor and City, in consideration of their mutual + .k promises and covenants contained herein, agree as followss~ s 1. Covenants of Contractor, Contractor agrees as follows t; 'w ~~4 ~ 11 }lA V (a) Specifications, To construct and install the Improve-it+`, l,. ments in accordance with the procedures, specifications an 1. PACE 2~ i ~ 9 ^v. Y P a ` a a Y~ '.,v 4,,5~yy~4,+4~yd. i~P' ~a•k y Ti a +ZN eo-:~M° A,,P 'L y'.1 S • 1... A yy^ f {.'4A i~.~~G1" "4,. • ~n~ _ 1, . 'k r: i standard contained in Division II and III of the Ciey's Standard wrs"•' 1 Specifications for Public Vorks Construction, North Central Texas, ° as amended, and all addendums thereto, and all other regulations, h~lll 4 1 ~y.: ordinances or specifications applicable to such Improvements, such Y specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part" re of the agreement as though written herein. 14 , M ~ ( rb (b) Authority of City Engineer; Inspections, Tests and x'11 Orders. That all work on the Improvements shall be performed in aP~y~ t:; !r 4 r`, good and workmanlike manner and to the satisfaction of the City t; y''• Engineer or his representative. The City Engineer shall decide all " questions which arise as to the quality and acceptability ofd' r~ materials furnisheds 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 1`y^" specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered JI' to removed and replaced at Contractor's expense. 1,,°'• asr~ K ' y~Pw,, t Upon failure of the Contractor to allow for inspection, ,v to test materials furnished, to satisftctorily repair, remove or w replace, if so directed, rejected, unauthorized or condemned work ~Y or materials, or to follow any other request or order of the City Rs • PACE 3 4 1 y t ro... r•nTG.C,Rp 7?T'3Y,F r`~'f7`t4 y~'"aV~'~„~pP'~5~.~'z1~i~'~'..~~~;^'r'#.~R4~~~''~ 4 'i 119 $'~,~1x3''si~Tt§.ai.s#51 ~'vt.~ca'x, s.r, t..SM1 J l C d I I Y ~ r t f.ys?. w y t t` a ,7 '4~ k ~~~4fti' -3•a41r 9I ' aij (.Y Yr yµ_ ~t t yf"i A,r 4 .-fit ,r 55 Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspectiona of such wcrk M k until such failure is remedied. If such failure in not remedied a £ti!~ } yr to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or { acce Pt the .,a3 Improvements. (c) Insurance. To provide for insurance in accordance with } the insurance requirements applicable to contractors as 1/r provided for in Item 1.26 of Division I of the Standard S ecificetiona for ws. .01 Public Works k~¢~' Construction North Central Texea, as amended, the ~VV i provisions of which are expressly incorporated herein b " reference; provided, however, for by ' purpose of this provision only, "Owner," as used therein, shall mean the Cit y+ ' Y of Denton, (d) Means and Methods of Conatruct_ ion, That the means and C methods of construction ' shall be such as Contractor may choose, subject, however, to. the City's right to reject any Improvements jc for which the means or method of construction does not, in the ~t f ` judgment of the City Engineer, assure that the Improvements we re tFx lip constructed in accordance with City specifications. ' Mutual Covenants of Owner and Contractor, Ow,ter and 9i Contractor ms.tuall { y agree as follows; , +F (a) Performance Bond, Escrow A reement. That if building,} ; permits are to be issued for the development prior to completion • .I ; PAGE 4 r +3i1p161gj~ ~p~~y~~py~~yQ~~~~{Sj{y~~y . ~F•:. ^T 17, rr~ 4.~ ~trt G~':, f c I i ♦ ~ ,ti ~ 'i~ `1'i by 't .1 9 . P ~ a°!•°' ~ µY , " i 'Y11„ i r1 ' ,1 and acceptance of all Improvements that are to be dedicated to they tea ~r publics 1 1. l. }2 j r. \a f (i) a performance bond in an amount not lase than the x ' amount necessary to complete the Improvements, as ` , Irv determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements %eeting the sppecificationa of the City, shall be in favor of tr tha City, and sha11 be executed by an approved {f ;k' surety company authorized to do business in the 1 State of Texas; or (it) if the cost of completing the Improvements at the x' time building permits are requested, is in an amount of $50,000 or less as determined by the e Y City n ineer, cash money In the amount necessary to complete the Improvementa, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement a~ insuring completion, of the Im rovements. Without exception, the City's escrow agreement form shall r r~ti ' be used, i (b) payment Bond; Assurance of Payment" That prior to ;y acceptance of the Improvements: (i) a payment bond will be furnished in an amount not lose than one hundred percent (1003) of the approximate total cost of the contract cost of the Improvements guaranteeing the full and proper x 01 protection of all claimants supplying labor and kGti;`' material for the construction of the Improvements, Ilk w shall be in favor of the City, and shall be executed by an approved surety company authorized AI F r, to do business in the State of Texas; or R1'' (it) if the total contract amount of all Improvements is less than $50,000 and a payment bond has not been submitted in accordance with (i) above, Owner and contractor agree and guarantee that any and is all debta due to an corporation having furnished labor, material m or or both in the ' a t § construction of the Improvements shall be fully y paid and satisfied before acceptance of the PACE S [/~A y ~Y~`~t, l.i 7\l41.J 1 SY,iAA• Al 4 ° r: #q r~4 ,IDS ~ ~5 VY " , d~ ~ D 1 w ~.5 t 'I"S~ tlv}Y~ 'ti ~L d ' Yip 4 Y{ 5 i ~ `yea ll t Improverents by the city and that, prior to acceptance t~ of the Improvements, the owner and Contractor shall furnish a written affadavit, in a form provided uy 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 unreleasea recorded liens filed against the improvements, or land i i to which they are affixed, that are to be dedicated to the public. fs• That, upon the request of the City Engineer, owner o j Contractor shall furnish a complete list of all I subcontractors who performed labor on, or suppAied material for, the construction of the Improvemeraa, and, when requested, a written statement from any or k zr; each of such subcontractors or suppliers that they have boon paid In full, (c) Retainage; Final Payments.. (This provision (c) applies 1 only where the owner and Contractor are not the same parry.) That 1 as security for the faithful completion of the Improvements, ' Contractor and uwner agree that the Owner shall retain ten percent of tae total dollar amount of the contract price until after final r approval or acceptance of the Improvements by. the City. The owner shall thereafter pay the contractor the retainage, only after Contractor has furr,O* ed to the Owner satisfactory evidence that 13~T all 1 ndebtednass connected w'th the work aid all sums of money due' la .I 4,41, for labor, materiola, apparatua, fixtures or machinery furnished 4 •;i f+'; tot and used in the performance of the work have been paid or otherwise satietied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall ~r f .1t PAGE 6 ...4f1A: xA ,~r.. ;r. t rv a r r~,~~ r + i i~ ! +d +,y I ) r ;i ry _ ~F t~ V •'5~~~ o° ~ r f L ~ y $~`^+i.~ w t ~rv Ott' f. L .iL` ' ~ r ~ r} t` ~ M 'ri ~ ~ r 4 t jr d G " rvY~ - Y i r a 4 i r, k w 77 j become the 'property of the City fr--e and clear of all liens, , !1 claims, charges or encumbrances of any kind. Ii, after acceptance of the Improvementa, any claim, lien, charge or encumbrance is Ay~~~1 made, or found to exist, ar,ainst the Improvements, or land e4 N~~Ze'V 4. Y . dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such J+ claim, lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim,? charge or encumbrance, In favor of the City, to insure lion, payment of such claim, lien, charge or encumbrance. .!1 ' ~1.ry n (e) Maintenance Bond. That prior to approval or acceptance S of the improvements by the City, to furnish a maintenance bond in 44: + • n " a t' corm and substance acceptable to the City, in the amount of ten rr<f percent (10%) of the contract amount of the Improvements, Insuring the repair a±+d replacement of all defects due to faulty material . and workmanship that appear within one year from the date of"~'' f r acceptance. The bond shall us in tavor of the City and shall be t ti executed by an approved surety company authorizeo to do business in the State of Texas, (f) Irkdemniflcation. To indemnify, defend and save ai ~Fn harmless the City, its ofticere, agents and employees from all ~4zr~ t ; a • suite, actions or claims of any character, name and description `art;);, 4 brought for or on account of any in3uries or damages received an sustainer by any person, persons or property on account of the h PACE 7 sr+'. d I f r l ~ 6 .1 1, p yyl!~~ x ~a operations of the Contractor, his agents, employees or sub- k :2 contractortl or on account of any negligent actor fault of the C Contractor, his agents, employees or subcontractors in construction,. of the Improvementsn and shall pry any judgment, with costs, which may be obtained against the City growing out of such injury or s' ` damage, (g) Agreement Controlling, That the provisions of this ~kJ tK. agreement shall control over any conflicting provisions of any max' contract between the owner and Contractor as to the construction ? Of the Improvements. Y ' k 3, i 4, 3. Occu anc owner further agrees that owner will not allow any purchasers, lessee or other person to occupy any :,uildiny y:= within the devr.lopment until all Improvements are completed and ! accepted by the City, and that upon violation thereof will pay the City $30000,00 as liqu.dated damages, but such payment shall not q' 7+1 ae deemed approval of alich occupancy and the City may take what- l` ever action necessary to restrain such occupancy, A4A, Y r S..Covenants of City. F That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements, ~Pu .4 S. Venue and Governing Law, The parties herein agree that 4"+ this contract shall be enforceaole in Wnton County, Texas, and if dt ' legal action is necessary in connection therewith, exclusive venue' f y ~ , ~1 PAGE A wlk$Y. ` i i~ ~"i♦ 1j ?4WkA**A,'~Pel~I~..~'d7.wi'u'%,ii+®M1 i r R' A c t ' , r n' ' s( a x T' a??3r~'t~'~ d'' J , '1 4. n.y alt l j`, tk l shall 110 in Denton County, Texas, The terms and provisions of this contact shall be construed in accordance with the laws and court decisions of the State of Texas, k1M1uS 6. Successor and Assign s, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns, `o Executed in triplicate this, day of ~f5 ` 19.ffi,tr " i' 04V14'ER CONTRACTOR Tea,lcy Road Associst s Two Jegao Publ c r tV s ' BYt i. Q. ;r~"Xz ~ Ve CITY OF UE TONj TEXAS LLOYD HARRELL CITY MANAd'ER ATTESTt JEG'Ie&+WA CITY SECRETARY v CITY TEXAS " APPROVED AS TO LEGAL FORNt DEBRA ADAMI DRAYOVITUO CITY ATTORNEY {p x CITY OF DENTON, TEXAS ' rJ o k c Az: y ~ ~ r1 4t ! BYt t PAGE 9 kp,, Av~IIdN~lkt4lt'p~+e~A41~e1?f Y; % " NOT x3,. w ~ Y 3 ~ 1 *r EXHIBIT AYK~t ~,,1• . WHITNEY PARK, PHASES I AND II i S, e t Paving: lr, 1. Excavation: ; 6951 C.Y. @ $1.20 - $ 8,341.20 2. Compacted Fill: 18 C.Y. @ $1.50 . $ 27,00 3. 6" Lime-Stabilized Subgradet 5273 S.Y. @ $2.00 . $10,546.00 Jf+4* A1!1M~ I'l 4, S" Asphalts 4195 S.Y. @ $8.25 . $34,608,75 J r 5, 24" Curb and Gutter 2390 L.F. @ $5.65 . $13,503.50 6. 6" Concrete radii flatworki 508 S.F. @ $3.00 . $ 1,524.00 r ,,^K 7, 4"x4' Concrete sidewalks 1070 L.F. @ $7,20 . $ 7,704.00 8. 5" reinforced concrete flumes 856 S.F. @ 53.65. >d+t $ 3,124.40 wr, 9. 5" asphalt street patch: 130 S.F. @ $1.50 • $ 195,00 w j 10. 10' GF-84 Guard Rail: 1 each @ $250 . $ 250,00 11. 40' Radius Flex-Base (211) (559 S.Y.) Lump Sum: $ 850.00` 't 12. Valley Gutters Lump Sum: $ 200,00 SUB-TOTAL PAVING:$80,873.85 Water Distributions 1. 6" C-900-150 PVCt 1539 L.F. @ $8.50 . $13,081.50 yN. 2. 6x6 TS&V (by city): 1 inch @ $1000 . $ 1,000.00 Y, 3. 1" Short Taps 3 each @ 5 175. $ 525.00 4. 1" Long Taps 1 each @ $ 275. $ 275.00 S. IV Short Ta Pt 5 each @ $ 250 • $ 1,250.00 6. 1j" Long Taps 8 each @ $ 350 . $ 2,800.00 ~W44 , 7. 10" concrete saddles 20 L.P. @ $8.00 ■ $ 160,00 8. Fire Hydrant (6x6 MJxP. Tee, 6" F.C.Y., A ` and 6" F. Hyd1 including adjustment)$ 2 each @ $1525. $ 3,050,00 by s, 1., 9. 6x6 M1 Tee: 1 each @ $ 175 . $ 175.00 10, 6" MJ Gate Valves 3 each @ $ 500 • $ 1,500,00 11. 45• Bend: 2 oath @ $ 150 . $ 300.00 "1yt♦p I d I1 RE3J• 1 11 12, it}• Bends 1 each @ $ 150 . $ 150.00 13. 90' Bends l each @ $ 150 . $ 150.00 4^t:`; 14, 6" Plug v/2" blowoffl 1 each @ $ 350 . $ 350.00 15. 1" Air release velvet 2 each @ S 350. $ 350.00 VI' 16, Remove existing cep & connect to 6" 1'V.ri. 1 liner 1 each @ $ 100 + $ 100.00 eta e+i,~r .I`, r,, SUB-TOTAL WATER: $25,566.50 iYeR4iAiwaM~Mr wxrw?~wa~..- .,.,rtvq.. t "seAU►+a~1 KixA~tit+~tlrWt~e;:wu.^rew.°",...v d, L . f 5\• y 1 1~ i .rt k ~F F, r, t r ~ 4 v t 1 T +d: ti # tr: Q' r u1x't''S ^ o', xr 4~: +~y A ~.'sA. , V ~ M1.~ f WHITNEY PARK, PHASES I AND I1 I~ ~ N Sanitary Sewers m 1. B" SDR 35 PVC: 1,518.5 L.F. @ ;11.75. $ 22,367,38 a4"a„' ;y. 2. 8" C-900-150 PVC (or S" Sch, 80)0 40 L.F. @ $11.75 . $ 470.00 3. 4' Manhule: 8 each @ $1250 . $ I0,000.00lYOt 4. Break into existing 8" sanitary (by City):2 each @ 150 . $ 300.00 FtS~'1~,`.; t 5. 4" house services 30 each @ $ 200 . $ 6,000.00 3 6. 10" Concrete pine aadd:e: 320 L.F. @ $ 8,00 . $ 2,560.00 klt~t 'r' SUB-'DOTAL SEWER: $ 40,697.38 r' t a TOTAL: $147,137,73 r~{r,j r F y~4 rd x l 4 ~{Tl~~N r,~, 4 q A~~vi.~~i n a 't • iW'a^ tS r t ,~.I.. rr 0, "4 1 'IN { ti v c i .c ;b, { , i 4 r ~ 7 !A° ~r , v 4 It ilyN1 ~Y 1 Il~ E ~ la +a1M~Ptn,~iw vun.va.w~.-__-.,. •--,,..y,.~,~1wM , r ~ '~G~1M6Y7~~'''„~yP~NAw.~T1~'~"•-_ ,n .~,li . ~ l «1 ` a ire I j" n r I r ^~YpN4Yy rfl! ,ii.~i'~~'~ .~f'dk75k.~4s.'~w3.~pa~ 'i .ter %flt, ,y y f a~~, ty Y:. rt I ` 1yt` y by 4h o' (e I C r y ~ I Ali t A xl`h !S S y r ` .,r i \ r + '6 e ( E' - Oil ~ (4F~J 11 ~f i . . I ,a ~ 9 Ail tic 1A lhz ti. a r 4k de t T ' Y{I 1+Y1~ 1}fi S'' h ` . { 4.1 .i1y T'I, ,.((b S rr 'A r ll n TEXAS INSTRUMENTS 1 S y, n'a+A.4 is4 r. y ~~d A - ' + E 6NTRACT DOCUMENT PECIPIOATION® ti i OR aA~ ~ ,a ' TOXAO INSTRUMENTS ~~'r# ,~hlr ADDITION AN 6A 1 ! INOUOTRIAL DBVELOPMNNT lei 0 Pon lx'` 1 ¢ "f + ' ~t TeXA9 INOT14UMONTO INCI r M® moo 'All ' CALLA9, TEXAP., 78985 A MINTROP11 ox ~HNGINHHAING y ► CORPORAMON , t d x ` + + y yh S'"a`;+~' ~rw ~V [d ~yy wax I t~~'~~ ate' u~rF 7 7Lr^r~ pi y. ~,i r'~x1S "i a. ` L j'a fr'l ?2 i 4, w Sj ~ ~ ef'. y S ' 6 v r y a + r ~ btu a TABLE OF CONTENTS }ie•, . ' y'," Contract Documents and Specifications fors TEXAS INSTRUMENTS ADDITION 6~s an Industrial Development Denton County, Texas for 1 S Texas Instrumeals, Incorporated Y~ Q P.O. Box 223214, MS 394 Dallas, Texas 95265 r,rrr~ eels yy r r. April 1987 4 t f'i:, Notice of Coutractorr NCI thra NC2 klfi, ark`;,', Proposal PI thru P9 p s+a YY c Standard Form of Agreement SF1 lhru SF3 j P f Performance Bond Form PHI lhru PHI d 4} Payment Bond Form P133 thru PB4 Jfit Cerllficate of Insurance t•1 ak+° cn,', 6+ General Conditions CI thru 015 r! t Special Conditions SCI thro SC6 ^ c d~ , a 'technical specifications TSI thru TS7 #t', I hree•N'a Contract } 't a Job 0 7029D r ire y >ra y~;, a, y p C ~ ~ t~'`++PY C Y.~~ . ~ ktillll ht.... ,f I ~ , 1 f+, Irw.+. i k M4x i t 4 a , t _ li ~x L !i yyr t :i 4A, , qi Jet ~t ~o "fir § A~ SF*P.4" "J.A 's t'~ ~4~ '{t a ~A 5 ~iR' ~„yi ° ~'~`i ' ' IIILLL~ u 1, 1. Y ).t ~ f 1 i !!b!!ii ' NOTICE 10 CON 'I RAC'1'ORS ~+L 1 (INVITATION FOR BIDS) F I s Sca+.ed bids marked Texas Instruments Additlon addressed to Texas Instruments, incor sorated at P.O. Box 223214, MS ,99 will be received at the office of the city of y g , Dealou, Purehaslag Office Service cruller, 901 Texas Denton Texas 76201, until < < 2.90 P.A1 an April 13, 1997 and then publicly opened and tabulatd for °1 1 consideration by the OWNER, for furnishing all plant, labor, materlal andY ysr i equipment necessary and performing all work required for the construction and complete installation or: y. Public Water, Sanitary Sewer & Drainage Improvements for the Texas Instruments Addition ,4,;'.,' 'r r In )~l; a Denton, Texas Bids will be submitted to seated envelopes upon the blank form of 'PROPOSAL' ' furnished herein, iY lx;, Bids must be accompanied by a cashier's check, certified check, or acceptable "^r`' ;tY} 11 bidder's bond payable without recourse to Texas Instruments, Inc. In the amount not less than five (3) percent of the bid submitted as a guarantee that the bidder w111.` ' enter Into a contract and execute a performance and payment bond v'ithin fifteen I v' (13) days after the notification or the award of contract to him. The notice of award of contract shall be given by the OWNER within thirty days F 61 =a' following the opening of bids. x~V~ The successful bidder must furnish a performance bond, and a payment bond upon d i the forms which ire provided herewith, to the amount of 10% of the contract price Na; from as approved surety company holding a permit from the state of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of Authorily from the Secretary of the Treasury of the United Stales) or other surety or sureties acceptable to the OWNER. The successful bsdder must also J furnish a certificate of Insurance In the amount required by the City of Denton, Texas, and twelve (12) month maintenance bond in the amount or ten percent (10%) x{ of the contract prior to acceptance and final payment or construction. NCI e ' 1 ~ r t_ y ►,~L~i.r . r k 0r 1 ^ Y ~k ,k 7 ,,~c ~r g iY. j Aff 4 ''}I'L of ~.t. ,~A♦~+}.~+4 i.~ly„ ti~+ aEe, r{, or pls, secifications and ng documents may be secured fro the offices of the Engineer, hfETROPLEX biddiENGINEERING CORPORATION- 1123 ~)'ye Fort Worth Drive, Denton, Texas 76205, on deposit of Fifty Dollars ($50.00) per set, " "M1 ' ® which sum so deposited will be refunded, provided: (1) All documents are returned in good condition to h1ETROPLEX~T Sr ENGINEERING CORPORATION, not later than 43 hours prior to the time of receiving bids; or "k (2) The bidder submits a bid and all documents are returned in good condition, to hIETROPLEX ENGINEERING CORPORATION no later than five (5) Y~P days after the time that bids are received. ~Sr 4. 4 6 Plans and specifications may be examined at the following location: hi El ROPLEX ENGINEERING CORPORATION, 112; Port Worth Drive, Denton, Texas 76205 or the City of Deato■ Purchastug Deporlmeol, 9018 Texas, Denton, Texas 76201, ' Bidders should carefully ixsmine the plans, specifications and other documents, visit the site of the wo k, and fully Inform themselves its to all conditions and matters which can lit an) way affect the work or cost thereof, should a bidder find discrepancies In, or omissions from the plans, specifications or other documents, or of should he be in doubt of their meaning, he should at once notify the ENGINEERa >fy k~'+ and obtain clarification prior to submitting any bid, The right is reserved, as the Interest of the OWNER may require to reject soy slid ' All x`~1* ;,,x all bids and to waive any Informality In bids received. r~) 1 yt Major Bid items are as follows: 2,630 LF, 24-Inch Sanitary Sewer w/Appurlenancet"~ 1,450 LF, ii Inch Sanitary Sewer w/Appurlenancet 3„10 ;r, 16-1:ah Water Main w/Appurlenancet 41 1500 LF Grass-lined Channel ra 1 !t'~' NC2 lOJ$, 11 .f M e e~ y • ~~,~p,,,..... ~.~,-w1Ar1(~[,V9,1~ [YyA1N,rWLV{a~~(I~M MT~w. N Pal, iIr` ~,T9# py~y~'lRYr~YTf^ +w"~ v . 1 AI 4 ~ ~ t er. t s#~wra -74 a k ~ r, t"y ~~.j 4£~ of r I `tin sr i{y 'v 45 C~ ttt i v " r 1 rT ~ $L PROPOSAL Texas Instruments Addition ;i 1 J2 The folloalne Proposal is hereby made to Texts Instruments N 4 Texas Instruments, latorporaled, y r;., P.O. Box 225214, his 399 A, Dallas, Texas 75265 e'£' r' e ty In the City of Denton, Denton County, Texas rr 1 r" a1 e y.'. Undersigned, as bidder, declares that the only person or parties inlerested In this 4yt" + tl i proposal to principals fire those named hertin, that this proposal 1s made without if~t" " r 'll collusion with any other person, firm, or Corporation; that he has carefully ' examined the form of contract, Notice to Centraclors, specifications, find the plans therein referred to, and has carefully examined the locations, conditions and classes of materials of the proposed work; and agrees that he will provide all the necessary tabor, machinery, tools, apparatus, and other Items Incidental to tsnstruotion and 't of 1' ' will do all the work and furnish all the materials called for in the contract find 4 spec£f.ettlons in the manner prescribed therein and according to the requirements `M1 of the Engineer and the city of Denton as therein set forth. r~,lY , It Is agreed that the quantities of work to be done of unit p:'ces and materials to be 2lIC, fu q!nlon of rnished may be Increased or diminished as may be considered necessary, In the a and that all t quantities e or work, whether Increased fully or decreased are to be performed at the unit prices set forth below except is provided for In the specifications. Rti;'}t ~i ' It ls further agreed that the lump sum pNces may be Increased to cover additional L, ~ M fins[, work ordered by the Engineer, but not shown on the plans or required by the Specifications, in accordance with the provisions of the central Conditions. Similarly, they may be decreased to cover dcletlon of work so ordered, a ~n\fv ' - r .'r~R7R,'!'Efr~tRenr7RR S'aeEna,nw ..•.y.yAnnryy}ydtAi \ s r•,~` F x ~1 -L ~.t r+X~ / r.. rrn}$ ' ~i'v s ~ t ,,y t ~ r~ ' n ~ ~4 ~ ~Ii.L )r~~.T ~Y i,~~~ ~ 1•r ~1 ~t~ r v" }y~iL ' It is understood and agreed that the work is to be completed In two sections. Section Y one will be Part I water main facilities which are to be completed within 60 CIa`• calendar days of the award of contract. Section Two will be Part 11 sanitary sewer and drainage facilitles and Part tit sanitary sewn facilitles which are to be completed within 223 calendar days of the award of contract. Liquidated dnma es ;~ht in the amount of $313.00 per working day will be assesses If the Contractor fails toms ' complete the work for ,zither Section I or Section it on time. Although the proposal is set up In three parts, it is the Intent of the owner to award the entire contract as one unit. The sections are set up to facilitate early completion r, of the public water system, which is needed to rachitate on site construction. The t parts and alternates are set up to def?ne the amount of City of Denton participation r In the construction of the public systems In the event of the award of a contract to the undersigned, the undersigned will furnish: (1) A performance bond for the full (100%) amount of the contract toy;," secure proper compliance with the terms and provisions of the contract, to Insure and guarantee the work until final completion and acceptance, (2) A payment bond lk' for the full (100%) amount of the contract to guarantee payment of all lawful claims' >~1 for labor performed and materials furnished In the fulfillment of the contract (3) A certificate of Insurance in the amount required by the City of Dento-., Texas } "a and (4) A twelve (12) month maintenance bond In the amount of ten percent (to% of the contract amount prior to acceptance and final payment ) e;r l ' Contractor also agrees to enter Into the required three-way conlrau with the city of " ra Denton before beginning construction. The work proposed to b; done shall be G w t accepted when fully completed and finished in accordance with the plans and specifications, to the ssticf.,tion of the Engineer and the City of Denton. ' >y,f nG r The undersigned certifies that the bid prices conialned In this proposal have been carefully checked and are submitted as correct and final, t:• 4'`, NOTE; To facilitate a felt and equilable bidding t all bid Items be filled out In accordance with the specificat ons,k Any 4 ~ informality in the bidding process which sir A S evaluation in the bid will be cause to reject that bid, Shouldabid prices on any Items be omitted, the right It reserved to apply the tp~i^M1,' , lowest prices submitted by any other bidders for the omitted items t Ii payment for work done under th;r proposal N:. A 'k l 7 v~ ~ ~JI nJn P~ (ytl t TMA1 r ~it~ \ \ T, l + Y \ 7` ~ 1 1t I~e~~1 t^~~I 1 ` T I , NOR i ;r 7 aR' 7'~ 'q+ + fry ~ WA7ERM ITIES AIN FACIL Lisa, QtleM& try ` auto-6liSti 4•~~~•, ~t~~ ~t~i7r ly ::t . 12•lach wrtarmain 15.885/LF 33 LF ~"3ti5 3535.80 .80 , 16-tncb watrrmala 23.303/LF 3860 LF S 90,710.00 + '7y 12.111ch gate valve 673,605/et v 2 ea $ 1,347.20 16-fach gale valve ell 3633.00$/ex ` S CA S 18,273.00 ° Alt releue valve 1183.5011/er I to $ 1,183,30 q Blow-off valve 458,50S/er d' 1 to S 458,30 16-loch x 6•lach tee 642.OOS/er J ee S 1,926.00 f j 16d0ch x 12-Inch tee 52S.SoS/t& 1 ea 16.111ch x Minch tee S S2S.S0 .*a;' ' 688,00S/t4 16-inch x 12-inch reducers 273.50$/ta ` leg $ 273.50 J~' ~ ~ ITS, Sub-lofal Ban Bid Iteraa S 115,945,00 ~1~ °v 1 a. r c0nnecl to tairtills eyrlem 1338.003/LS ' Lump Sum S 1,53I,00 6-Inch walermain 11.701/LF 33 LF S 409.50r t~ir F } 6•111ch safe vaivi ~ 275.755 ea 3 ea r~ , E te; Flrelydrent S I27,25 783.005/ee Asphalt pitch 3 to S 2,349.00 5' t Via' I, 6.34$/LF I I O LF S $297.40 12-Inch plug 128.605/ee Ito $ 128,60x''1" i yr TOTAL Walermrla Faclllltea a ~"V E•~ . ~ $ 126511.75 r,„. tr ~ P3 l" k Y 1 j-40' i - 1 1 ( 1 41 ~ R Y ! ! W~M` h -vA ~ G 1 r ALTERNATE WATERMAIN FACILITIES L= Unit Price Ougnthy Extension Q 12-inchwatermain 15.89$/LF 3895LF S 61,891.55 ba. 12-Inch Site valves 674,00$/ei 7 ea $ 4,718.00 a 11-inch x 6-lath tee 361.00S/ea 3 ea S 1.083.00 t 12-inch x 12-inch tee 367.00$/ea 2 ra $ 734,00 t F Blow-off valve 397.00$/ea 1 ea S 397.00 Air release valve 1089.00$/ea 1 ea S 1,089.00 y 4: 1 TOTAL Alteroate Watermaln Facilities >y $ 69,913.55 < 1 ~ 4Rtf1 w L _ 6~1 1 i 'cam 4!' i ; 114 , 1 f p 5'. 1..T~kt 1 r fat SY ~~~Y I 1 ~uJ SANITARY WRFACILITIES S EI t;tt I[cm Unit Price Quantity Extension Base Bid 24-inch pipe, 6.8 feet deep 25.62$/LF 450 LF 11,529.00 F ° rti ' 18-loch pipe, 0.6 feet deep 16.62$/LF 75 LF S 1,246.30 t'rl ,r` 4 c + 18-inch pipe, 6.8 feet deep 17.155/LF 3,184 LF i 34,605.69 IB•inch pipe, B-10 feet deep 18.255/LF 2,506 LF S 45,734,50 +r!'. 18•lnch pipe, 10.12 fe•a deep 20.505/LF 965 Lfi $ 20,192.50 18-inch pipe, 12.14 feet deep 23.35$/LF 473 LF $ 11,091.25 18•inch pipe, 14.16 fa:t deep 24.72$/LF 1000 LF S 24,720100 j 18•1nch plpe, 16.16 foal deep 29305/LF 280 LF $ 8,260.00 12-inch pipe, 16-18 fe,:t deep 2630S/LF 35 LF $ 917.30 " Concrete encasement 21.705/LF 40 LF $ 948.00~; Bore under U.S. Hwy 77 113.85$/LF 90 LF S 10,246.30 + ^1~;~ (30-inch casings) q 5-foot, 0-inch manhoira 1073.005/ea 21 ca S 23,800.00 3-foot, 0-inch Manhole, extra depth 90.00$/ea a] ea S 7,290.00 Sub-total Base Bid Items S 222,591.33 Asphalt patch I1.00S/LF 2,900 LF $ 31,900,00 'qtr, TOTAL Ssoltary Sewer Far11111es S 254,491.35 f. {~+dric 1 ,y r J"F 1 r ~l l y r• ~ " ~ a'ar w t'` a' ~ . Ws~; ~ l ~ '+Fc Fw r l'~ ~((~X A~. a~i~" ~ - ~S It 1 ~r v e T 1 ~ t . a,lj . ~t Y~y, i t ~ ~ ~tl ~ ilt~l,~ PART I DRAINAGE FACILITIES 14: A 1. 1,~ LIAM v?~Sn ^i~ Unit Pr1~ Ouanlity ~ '~'F~ 5 ''tryr?~,: it`+~ Z 'rat 4' ! concrete channel lining 1.605/SF 7,551 SF S 12,566.40 ya ly,. Channel excavalion 2,75f/CY. 3600 CY S 1S 400.00 ~y t TOTAL Dra[oag¢ Factlltlei P' 27,966.40 ~ -)V "ml H s `"'r! ~JSY~~a+s1~ gg1~ I, 6i .ly r . ~ , { S y 1 My ~ dsr 1 ~ a M 4 . y , "All I .t - Y ,A Ak i JI, ~ - t r +l r L i t J 1. ! t , `v ,4 1r '1 i 5 i Y + t i e r r 1 4 . e 11 04 j ntrl,W. x r i .~tf u' 9a`.t. Yy , ti A ,1€1~,;'M1~ e t i t '+~J A "0 r 1 A .y ~ sfi 9 , i PART 11 p ~~aa ALTERNATE SANITARY SEWER FACILITIESr , y,vro A r. j 1 y k; 0k lum UnitPr'lssi Ocantity Extension 12-loo-,h pipe, 0-6 feet deep 11.70$/LF 75 LF S 877.50 12-inch pipe, 6.8 feet deep 12.235/LF 3634 LF S 44,443.82 12-Inch pipe, 8.10 feet deep 13.325/LF 2506 LF $ 33,379.92 } 4 12-inch pipe, 10-12 feet deep 15,57$/LF 985 LF S 13,336.45 K` 12-loch pipe, 12.14 feet deep 18.44$/LF 473 LF $ 8,759.00 P 12-inch pipe, 1446 feet deep 19.80$/LF 1000 LF $ 19,800.00 w 12-inch pipe, 16.18 feet deep 24.57$/LF 315 LF $ 7,739.55 ti i ~ fL ,gyp,' Concrete encasement 18.50$/LF 40 LF S 740.00 INY, - Pore under US. Hwy 77 81.00$/LF 90 LF $ 7,290.00 ` (18-inch casings) 4-foot, 0-inch manholes 800.005/ea 24 ea $ 19,200.00 4 4-foot, 0.19ch manhole, 2, ;1+ extra depth 80.00$/LF 81 L F S 6,480.00 t~ R.7. TOTAL Alternate Sanitary Sewer Facilltles $ 164,046.24 M ~N Ar p ' ' BSI fix PS ' `t F? ~aOnW'~P ~°sr'r24Y ?,'.191:4 ^sriY~Cs~r:~l'3,t1M1w+.-....-_ ..ra Ake d l s Y ly ,t 1# t~~ ,4, iY 7yi Tr / s {a°s4 }ir k4t}a d 4 n '~?e%~~}~*e y *f y ry~ y~r r ~ ~gLra µti 4 v YPART SANITARY SEWS pACILITIES Unit pr) Quantity ~tJ1ilY1► 4'1' 12-inch sewer pipe, ~,,a«w } t' 6.8 feet deep 12.37$/LF j bk ~ 41 LF S 531.91 LLI ` E 24-loch newer pipe, 0-6 feet deep 25.755/LF 450 LF $ 11,587.50 24-Inch sewer pipe, 3~.a 6-8 feet deep 26.13$/LF ~,~s a E 195 LF $ 3,095.33 Y ~r • r. ~ f s . 24-Inch sewer pipe, ~8.10 feet deep 27.88$/LF 445 LF i $ 12,406.60 ,4h k # 24-Inch sewer pipe, * y 10.12 feet deep 30.OOS/LF 395 LF $ 11,850.00 24-inch sewer pipe, +4" 12.14 feet deep 33.405 LF / 920 Lt: $ 30,728.00 ~ tea , 12-inch concrete encasement 18,505/LF 20 LF $ 370.00 t , i ` ' ` 244nch concrete encasement 28.34$/LF 450 LF $ 12,753.00 1 'r 24-Inch aerial crossing 5340.00$/L5 fi S 5,340.00 Lump Sum Bore under us, 380 (36-inch casings) 23,I8O.00S/LS LumD Sum $ 23,180A0 Standard manholes 1075,00S/ea 8 ea f 8,600.00 Extra depth manholes 90.OOS/LF 33 LF $ 2,970.00 Patch existing pavement 9.35$/LF 1640 LF $ 15,334.00 TOTAL S21184r1' Sewer Facilities S 1400746.16 fc'` yv r /a r ` ~ ~ ~ , ~ F F till , ji• St et ~ i t yF. '''777 ) taq y``'atlas'v!'eF'mM`~d"i'}.BswYN~1~'~.4+7'+~.'8+6:1t1'~41F~t~'.PY.~~3 1 Y 5' 1 Ft 4 . ~"F~ 5~fs"l S•n n~ ~ a , f ~ gar t~ t? ~B t•,~~iG ~ R Receipt is hereby acknowledged of the f,1110wing addends to the contractor L fi documents: Addendum No. I s dated _.Received Addendum No. 2 dated Received Addendum No. 3 aka' ' dated Received Addendum No. 4}, dated -Received 41 Addendum No. 3 dated i w { The undersigned understands and agrees that the OWNER reserves the right to xryt', d at reject any or all Proposals or to waive any formality or technicality In any proposal ` yr in the Interest of the OWNER except as apccifkaffy limited by she terms of the " (.:On(ract Documents or applicable laws or Governmental Regulations. The Above Proposal Is Hereby Respectfully Submitted By: NAM F CON ACTOR NC - elf J. r ~ ATE Y ME) Y ME 111 (T I TLE or lip BUSIN cc n 7~ HESS TELEPJIONE NUMBER sJ~* to CITY T~ STATE 4 D ZIP CODE J~ . a,ar f 1 4: l` 3 4 C k~y 4 {i~r d'~ y~ Y { 4 1 J ~ Sir!¢.+~ ...r;4wr yr wl fi' i 2 w Yx ;r ydu{~ ra7 x~rp~ g~ aa3 } r ~yy n ry ~ k a » 1a, e r' ~ S . ( ~i 44 xt All 66 r k~ r err { , ' STANDARD FORM OF AGREEMENT t A v THIS AGREEMENT, made this I ST' day or _MAY 19 by and between Texas Instruments Incorporated, hereinafter called 'OWNER'";, t and Bill Hazelwood, Inc, doing business at t corporation hereinafter called r y 0 r 'CONTRACTOR.' k P~ t ~ 4~ g WITNESSETH: That for and in consideration of the payments and agreements j" t' I hereinafter mentioned: 4 . 1. The CONTRACTOR will commence and complete the construction of Part 1 V Walermain Facilities and Part If Sanitary Sewer Facilities and Drainage Facilities. `A` c 2. The CONTRACTOR will furnish all of the material, supplies, tools, 4 equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete Part I within 60 calendar days and Part 11 within a total of 225 calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. I:I"* ' '.r k.f. SF-1r LL4 ri 'r ±y. T nS-.~,~l~rilyeaYrLMK~r,!i. - ;-y ~Ye:Nrrir~..`1^alH1K'hfr+NMIF~w'd~l~~' .w'sV1Md.'ill> 1,, 71 I I i ,JAL `I - ~ + R f~' L~7,,iN fi' "5 ~ E 1r. M a~., `•nM~ " ' 11++ I,. r ~xl ~ 'i tI v Y. yt,, r i d i t''+'! ~i~~,~ M ♦ F') I Ir IL d , 4 ,yl'. R You ~F G7. All y~' Fr$ I I j ~ ~54 ~ r!I 4. The CONTRACTOR Martel to perform all of the WORK described In the ?t r $ CONTRACT DOCUMENTS and comply with the terms therein for the sum of S4oa gnso, or is shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: ; F ~v ` t (A) Notice to Contractors (B) Proposal t3 (C) Bid Bond, Performance Bond, Payment Bond (D) Standard Form of Agreement (E) General Conditions (F) Special Conditions T (0) Technical Specifications xSy s= (HI) ADDENDA: :w No. dated 19 No. dated 19 sx~ur L w r No. dated 19 No. dated 19 (s`" No. dated 19 No. dated 19 6. The OWNER will pay to the CONTRACTOR In the manner and at such times asset forth in the General Conditions such amounts as required by the : CONTRACT DOCUMENTS, pit' s SF.! ; 'r d 4y ~s `r 9 ~ ~ ~ iYF~1I/ .YI 'OlC9ipIIRp MV✓Mw~..x~..~a... ~,-......w,.•~ \rvRyMRW FWI1inJM.AI MRM%~W ~ AAF 4" '.'W.. , 1 X t q N \i~. . i~.~~ S.e f K! - L V U• , 1'yl t 1 F +Y{la~{7„~~~i~ "4 st+ z. irii~Gi y ji[ J i `a" ' i 1~ 111 Y i r 7, This Agreement shall be binding upon all pullet hereto and their respective 1Y `i ' heirs, executors, administrators, successors, and assigns, ty~t IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed err it i, by their duly authorized officials, this Agreement In 9 kI' r " (number of copies) ~ each of which shall be deemed in original on the date first above written. ` OWNER: Texas Instruments, In;. CONTRACTOR: $iIi Hazelwood, Inc: J . ; a BY NAME: Lewis McMahan NAME: Bill Hazelwood F~'aSa~ i, ai R rl, d ' 4 ,4 a,a TITLE; Vice-President, TITLE; President y Corporate Staff a i y x ADDRESS: P.O. Box 22514 MS 399 a~in ti ADDRESS: P.O. Box 274 x n Dallis, Texas 7526; Sherman, Texas 75090 ■ ATTEST: ATTEST; SF-3 a r r x',hYL ~ ~~l 1 A S r't 'N r i' 4%&~MVAW ~'~1~QRY ''li MT~H"t 5rri'.fl.+'~'2}Xi.F.w. I.i.`~••i':. 0 1 44 71 1 Mj ~ ;j ~ ~ 1 ! 1 f ~V ' Y ~ 1 ~~~u ~ I I ~ J i , ~ l a i "y'3, x~i ti p~ : , p~`r~r5 f7tL + i L , }{.,J 4r Jp1. iw 7 ~ ~ c an r -,r } ,sj h 0 T{Y i PERFORMANCE BOND Syr r ,i', STATE OF TEXAS 1 r r i i r~., COUNTY f)F t A y , •t~. KNOW ALL MEN SY TRESS PRESENTS: That t r of the City ofi5 ,l r. r County of and State of I as principal, and authorized under the laws of the State of Texas to act as surely on bonds for principals, ere held ?k;, A and firmly bound unto (Owner), I4~E~e r" t 1 in the penal sum of Dollars is for the payment whereol, the said Principal and Sutely bind themselves, and that- heats, ' i fink i u , b' administrators, executor, successouand assigns, jointly and severally, by these presents: i~ 2y,A 1Y 44y~ WHEREAS, the Principal has tntered Into a certain written contract with the Owner, r dated the day of ,18 , tor, r. which contract is hereby retorted to and made a part hereof as fully and to the same extent v+tw u if copied at length herein. y1. NOW, TIIEREFORE, THE CONDHION OF THIS OBLIOATION 19 SUCH, that If the said Principal shall faithfully perform said Contract and shall In all respects duty and faithfully"` gt it observe and perform all and singular the covenants, conditions and agitements In and by said s i.. contract egreed and covenanted by the Principal to be observed and performed, and according to ! the ltue Intent and meaning of said Contract and the Plans and Specilications hereto annexed, then this obfigetiun shall bo voId,othorwIse to remain in Iu11 totce and effect; "PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of (Atticle 5160 for Public Work) (Article 6472d for Private Work)" of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determhted in aceordance with the provisions of said Article to the saute extent as if It were copied at length hstein." Su ety, for value received, stlpelates and agrees that no change, extension of time, alteration or addit on to the terms of the contract, or to the work performed thereunder, or the plans, specl• licatiorr, or drawings accompanying the same, shall In anyway effect its obliaation on this J ' *Not applicable for federal work. Sea "the Miller Act," 40 U.S.C. 5270. zl:~ Ir 9~d is Y~ hf ~ n ~ ` w ~.tu ~ r 1 - t i t ~1 r ^t A n t"" X rx k~;: ty .r e. . F, ,Wl' nWe1. , l , i s4. 4L t yr 'i tr.~ ~ , i bond, utd it does hereby walra notice of any such change, extension of time, alteration or addition 1 to the terms of the contract, or to the work to be performed thereunder.; ; r F IN WITNESS WIJEREOF1 the said Principal and Surety have mi=ned and seated this Instru• y~ '1 it's a *~~,,,~kKat, Paent thin da~119f 19 tl d" PderJpal lare4P ~y ie, .r 71kle Title- f} hd,lress Address V i In, t r ~rtfF l{= 3 The name and address of the Resident Agent of Surely 1stgy' y7 4r ` q fir. 4 on , tea U r yt ,rr h r y c a` ;t= 1 r f is Y J t ' I t ~ ~~ZI r Pii'/ ~ li 1„t MN, ltd 1111 ~ j t• r tt ; g lit, ----W, 1 F rr.~"F lj PAYMENT BUND y ~ STATE OF TEXAS ` COUNTY OF 1 xA a , KNOW ALL MEN BY THESE PRESENTS: That I' t ~f the City of County of , and State of , as ~y1s~ ,4 principal, and authorized under the laws of the State of Texas to act se surety on bonds for principals, are held and firmly bound unto- (Owner), y s 16 In the penal sum of -tollara 1 x a r for the payment whereof, the said Principal and Surety bind themselves mid their heirs' admws r trainre, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered Into a certain written conlnct with the owner, dated the day of - - 19--. to which contract Is hereby referred to and made a part hereof sa fully and to the same extent as If copied at length hereln,ri { 1 x ' NOW, THEREFORE, THE CONDITION OF THIS OBLIUATION 13 SUCH, that If the a+ s said Princ!psl shall pay all claimants supplying labor and material to him or a subcontractor In the prosecution of the work provided for In sold contract, then, this obligation shall be Vold; otherwise to rem sin In full force and effectl PROVIDED, IIUIYEYER, that this bund Is executed pursuant to the provisiuns of Article 5160 of the Revised Civil Statutes of Texas as smendcd and all liabilities on this bond shall be determined in accurdance with (he provisions of said Article to the same extent as if it v ere copied at length herein. y Surety, for value received, stipulates sad agrees that no ehange, ettensioo of time, allrratlon ? or addition to the terms cf the contract, or to the work performed thereunder, or the plans, epeclllcationa or drawings Kccompallrlhg thw esnle, ailell in anywise affect Its obligation on thin 7 ; fi P13~ u ul loft F ~ g, -tltl i r Y I c , M t>r h L~csr~7l, `r S , . ' 3r 4tijyAx 1, 4r}Y' '~Fe 1~r,k Sj=+ ~ ` a ri^ , r'~s { t' ;y ~ J ~ r.~t fi. ~ i ~ 's~ ~ , -•q,'{ , MOMS IN v r 4{- bord, and it does hereby aura notion of any aach change, extension of t.me, alteration or addition .i . to the ter.-- of the contcec4 or to Ehe. work W ba performed thereunder. r ~ ~ + IN WIT14FM WHEt gOf, the said PrlnrJpal and Surety have signed and eesled this Instru- ment this day of l e ' PrAelPO 6rrelr r~s"p~{1 r By Bf } r k^~ i!t 5 MUG Address Addrrss _ 5.a ~ 'Rr:y, I u no name and address of the Resident Agent of Surety IN: r E S 5 ,~~~,tia V Y 1 r t ry~ e r rr pry i" A A r5 zr1; ~t k q, r 3e r . l pr... _l. __..cr;~sfw~,iMCY+'~6`lt~~~~.x+•Y.lE`sM"~A~L'YdM!'6N3~17vPR rF.ww••^.- ix c ` i' ~ Sf t!s*~ti •yy~~a•.'1~ ~ S r 1'.3, ~$at r5. P i l~ r +1" ,Ay S'h ~~iyJ~ jt (9AAfPLEFUIUtI) {TIFICATL OV INSURANCL ,I r Dat, YEA. , . TOt N ProjeclNo_ Osner Type of "ace»~ ~,1 Addnae Project THIS IS TO CERTIFY TI(AT `e X Is, a (Name end address of Imuted) at the data of this certificate, Insured by this Company with respect to the business opera. ;t ` bons hereinafter described, for the types of Insurance and In accordance with the provlstona yyn t,=+ of the standard policies used by this Company, and further hereinafter described. Exceptions to Nrr standard policy noted on revere aide hereof. tp . rYPH OF INSURANCE Adler Me. Effective Eephts Llmlle of Listilily Workmen'ssa coin entslion rh I Person 1 t ' Publk Llobilit Cenrhaent C OWHt 1 reason ll f ' Liabili I Aceldent i _ Prarertr OameU- eta'', ~ twtypy. ulI er'IItlrk 3 AuAubmobile Other The foregoing Policles (do) ldo Dot) cover all sub-contractors. Locations Covered: Lescriplions of Vperatlons•Coveredl The above policies either In the body thereof orb approprIate they may not be changed or cancelled by the Insurer in less than five days eftetr thapfl suredthar received written notice of such change or ancellsllan ' Where applicable local tars or regulations require more than five days actual nolke of change a or camellal)on to the assured, the above policies contain such specld requiremcnte, either In the body thereof or by appropriate endorsement thrreto attached, t be i INaroe of Int_rssl 9'ille t hJ 11 , r . , ~eiK'T6'S'EN WVF1LA yyry..~-. .-WY„4./.i°.7"Ak" ''a~,~1,~°~t,~•'+,it:$'did>plR.a?s'P3tA:f'!w,.._. j 1 1 o ~dS S.-v r~..+lii~l~P_~.~rtW~~+~.1~RT°R1'~R7~?11~~i~i]"+'~!~4~tYf}fiNiwti::.~._...... Mt %x4 u,: I 9i "}Y c itui r A I e, ' 9. L n f' I `Tr !d t 1 11~ + ,y r~ l S. r. t,14 t ~ e r 1 tTi I~Ct r, s GENERAL CONDITIONS OF AGREEMENT + ' ' t; p 1. DEFINITIONS OF TERMS t~;,'i„ v t1 i w, " a d t e ENG NEERRn a thhose p rso s0or o gaan zatio0ns ildent fied a such~CaTOR ) ~ Yoh` r, + '.greement and are referred to throughout the Contract Documents as if singular inY ; u~' a number end masculine in gender, the term ENGINEER means the ENGINEER or his IH' duly authorized representative. The ENGINEER shall be understood to be the ~x"r'', e ENGINEER of 'he OWNER, and nothing contained in the Contract Documents shall::. create any contraclual or agency relationship between the ENGINEER and the t ' 'r `t CONTRACTOR. 6{;' 1 ~r'r r~l ct, , ` 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the " ' *fr!s Notice to Contraeton {Advertisement), Special Conditions (instructions to Bidders), 4s'tirte r~,? Proposal, signed Agreement, Performance and Payment Bonds (when requited), Special Bonds (when required), General Conditions of the Agreement, Technical s Specifications, Plans and all modifications thereof incorporated in any of the ~!"o ' documents terore the execution of the agreement. }r~ry';; The Contract Documents are compternmary, and what is called for by any one wy A shall be as binding as !f called for by all. In case of conflict between any of the era' Contract Documents, priority of Interpretation shall be In the following order. "A a r.' Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), i Proposal, Special Conditions of Agreement, Notice to Contrectors, Technical Specifications, Plans and General Conditions of Agreement, NAT , z 4 1.02 SUBCONTRACTOR. The term Sub•Contractor, as employed herein, r~s ' ' Includes only those having a, direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the „ plans or specifications of this work, but does not include one who merely furnishes d" r. material not w worked. r~~ l ' 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly i; °'t' ` revved if delivered In person to the individual or to a member of the firm or to an fl ts` `1' c , officer of the corporation fcr whom it Is intended, or if delivered at or sent by t t gistered mail to the last business address known to him who gives the notice, " ` . . OZ'Aii p'1 it y t ~yV lyy it ~ r, ~J' ~ r r .'pwjr. I , . f 5 9 ,~,~pv "Nb,r«a1~1'+>~$rnbSFY~YHA4>~"R+~$1~►fi'~+~t?>:wuawa.°+^'""'._. `~t i;, tiF 4~`~, i 'kt f ~ ~~I it alai ~ 61 I +it¢t:'~'!73±4'"$3'tM.s`ass'c.*r~W~,a.~M'~"lA4EYaa~.a+w~s~.IM~'if ' ltK`i ° rY. i . 4 ~ 4 v Ley'.. yy M1" 1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and ell avatar, tight, Power, foci, transportation and other facilities necessary for the men. nless and completion of the work coveted by the contractnshiuanltmntcriais rr it `ti execution otherwise specified, all materialTheaiCONTRACTORtshsll,k if required, furnish ' shall be of a food quality. Materials or work satisfactory evidence as to the kind and quality of materials, ! l a 111 v r described in words which so applied have a well known technical or trade meaning v)ii shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term 'Extra Work" as used In this contract shall be understood to mean and Include ail work that may be required by ENGINEERING one o or OWNER to be done by the CONTRACTOR to accomplish ~S ny change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, f'r rt> ^„4„.;' x except as provided under 'Changes and Alterations", herein. xe 1.07 W'ORK1N0 DAY. A'Working DaY is defined as any day not including YS Saturdays, Sundays or any legal holidays, in txhlch weather or other condirions, not ender the control of the CONTRACTOR, will permit construction of the principal ° S ' units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. ! r a' Ala. 1.08 CALEND4R DAY. 'Calendar Day' is any day of the week or month, no days being excepted. k1 #~~r 1.09 SUBSTANTIALLY COMPLETED. By the term 'substantially completed" is meant that the structure has been made suitable for use or occupancy cr the facility is in conditlou to serve Its Intended purpose, but still may require minor f w3~ f. miscellaneouswork and adjustment.! ~a ~3F I Y f ~ 2. RESPONSIBILITIES OF 171E ENGINEER AND Tilt CONTRACTOR 2.01 OWNER-ENGINEER RELAIIONSIIIP. The ENGINEER will be the ;r1YYf1, " OWNER'S representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNER'S representative during kr construction are as set forth in the Contract Documents and shall not be extended or limited without written consent or the OWNER and ENGINEER. The ENGINEER will advise aed consult with the OWNER, and ail of OWNER'S instructions to the 4 z CONTRACTOR shall be issued through the ENGINEER. r~a F , t Ip~1 9 ray ,la' do t•• ° Y ■ f g 14 , e 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall with the r t make periodic visits to the site to familiarize himself genera11y wt Drogcss of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the a ENGINEER shall not be responsible for making any detailed, exhaustive,i comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indircctty, for the construction means, methods, techniques, sequences, quality, procedures, prcgrams, safely a t" precautions or look of same incident thereto or In connection therewith. r Notwithstanding any other provision of this agreement or tiny other Contracts e Document, the ENGINEER shall not be in any way responsible or liable for any 3 ° acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or asY, any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any Y <<., . other person, firm or corporation performing or attempting to perform any of thtr ,vork. 2.03 PAYMENTS FOR WORK. the ENGINEER shall review CONTRACTOR1 apptications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing. payment to CONTRACTOR in such e :,4 amounts; such approval of payment to CONTRACTOR constilutet a representation to the OWNER of the ENGINEER'S professional judgment that the work hat * { ` progressed to the point Indicated to the best of his knowledge, information and belief, but such approval or an applicarton for payment to CONTRACTOR shall not". be deemed as a representation by ENGINEER that ENGINEER has made any s ` examination to determine how or for what purpose CONTRACTOR has used the +r t,l moneys paid on account of the Contract price. 2.04 INITIAL DETERMINATIONS. The ENGINEER Initially shalt dclerminc all ctaims, disputes and other matters in question between the CONTRACTOR and T* the OWNER relating to the execution or progress of the work or the Interpretation ea { of the Contract Documents and the ENGINEER'S decision shall be rendered in r«;j`a t', JI q writing within a reasonable time, Should the ENGINEER fail to make such decision tXw within a reasonable time, appeal to arbitration may be taken as if his decision had 01 {{,qua been rendered against the party appealing. 2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, In T the opinion of either party hereto, is not in accordance with the meaning and Intent rd;c of this contract, either party may file with the ENGINEER within thirty days his r+"?` written objtetten to the decision, and by such action may reserve the right to submit the qutstion so raised to arbitration as hereinafter provided. k~ 4 e tr~{~p~a"IMY•RN~4Y,o-m..in,,.~.... ...~..~p~.~i`~ .M1~ewr~t~~V•~s..~ ti , a ri s. k r jt. } ty' y t a, r: ~ r RaB re's l ~ . M' i 2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades tn~„ Shall be furnished by the ENGINEER or his representative. Whenever necessary, " construction work shalt be suspended to permit performance of this work, but such 4`~ t _ Lye suspension n will be as brief as practiccble ad the CONTRACTOR shall be allowed i S s+4 " y no extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed, All ; r stoke, marks, ale, Sha11 be csrcfult "a ' of careless destruction of removal by himcorehis employe, such ita0kcs, marks, elcc +~r t shall be replaced at the CONTKACTOR'S expense. sr 4 2,07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution of this contract and shall keep on the work, during and competent superintendent and any necessary assistants. he superintendent shall t represent the CONTRACTOR in his absence and oil directions given to him shall be t5'' as binding as If given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain in Independent contractor, tt i~ . solely responsible for the manner and method of completing his s+ork under this contract, with full power and authority to select the means, method and manner of performing such work, to long as such methods do not adverse) affect the 1vr c completed Improvements, the OWNER and ENGINEER being Interested only fr. the result obtained and conformity of such completed Improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of rFt4 himself, his employees end other persons, as well as for the protection of the Safety of the Improvements being erected and the property of himself or any other person, 4' aiyi as a result of his operations hereunder, Engineering construction drawings and F;ky 7 1RF specifications as well as any additional information concerning the work to be " performed passing from or through the ENGINEER shall not be Interpreted as s 1 requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of ouch drawings, specifications and any other such Instructions being to va, c define with particularity the agreement of the t CONTRACTOR is to parties as to the work the ^ Perform, CONTRACTOR shall be fully and completely liable," at his own expense, for dcs!gn, construction. Installation and use, or non-use, of sit Items and methods Incident to performance of the contract, and for all loss, damage r4 or injury Incident thereto, either to person or property, including, without limiratlon, the adegvacy of all temporary supports, shoring, bracing, scaffolding, i machinery or equipment, sorely precautions or devices, and similar Items or devices i a 4 used by him during construction. I't . a ,tip s ~ ~ ifs r . 41 s, f rt!"'~ i I i of t b ~:A a 1 Any review of work in process, or any visit or observation during construction, Gf ` or any clarification of plans and specification by the ENGINEER or any agent,„ employee, or representative of tither Of them, whether through personal observation „a on the project site or by means or approval of shop drawings for temporary construction or construction processes, or by other means or method, Is agreed by the, CONTRACTOR to be for the purpose of observing the extent and nature of work y tJY completed or being performed, as measured against the drawings and specification constituting the contract, or for the purpose of enabling the CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, end shall In no way relieve the Vt ° , CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the property of means and methods of the CONTRACTOR In performing sold contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance.? of Deviation by the CONTRACTOR from plans and specifications that may have been In evidence during any such visitation or observation by the ENGINEER, or any of y his representatives, whether called •o the CONTRACTOR'S attention or not shall in' no way relieve CONTRACTOR from his responsibility to et:mpletc all work In accordance with said plans and specificatiCns, t~ lr, t + 2.08 CONTRACTOR'S UNDERSTANDING. It Is understood and agreed that the CONTRACTOR hat, by careful examination, satisfied himself as to the nature' f and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general 2ti and local conditions, and ail other matters which can in tiny way affect the work ' under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or aster the execution of this t c contract, shall affect or modify any or the terms or obligations herein contained. 2.04 CHARACTER OF WORKMEN, The CONTRACTOR agi acs to employ only V0 - orderly arf competent men, skillful in the performance or the type or work Y required under this contract, to do the work; and agrees that whenever the ' ENGINEER shall Inform him In writing that any man or men on the work are, In fjtb x his opinion, Incompetent, unfaithful or disorderly, such man or men shall be r y " discharged from the work and shall net again be employed on the work without the t " ! ENGINEER'S written consent. A xy a . xZ, r~ ~ l t s r T 1 1:w.;n.r «.e . Mhlt'- !iva~`A1'v~rt~r~ a parr s v,y. .h ~ Y- ' ri y~r s:" It M 2.10 CONTRACTOR'S 9UILDINGS, The building of structures for Acusing n . "Al men, or the erection of tent, or other forms of protection, will be permitted only At t such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at alt times be maintained in a manners satisfactory to the ENGINEER. r'Atw' . 2.11 SANITATION. Necessaly sanitary conveniences for the use of laborers on the work, properly secluded frr m public observation, shall be constructed and; maintained by the CONTRACTOR in such manner and at such points AS shall n r.' approved by the ENGINEER, and their use shall be strlclty enforced. r 2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER r 10, tll , with such promptness as to cause no delay in his ow, work or in that of an other * t'. M1' Contractor, four copies, unless otherwise specified, of alt shop andjcr selling `y drawings and schedule required for the work of the various trades, and the ENGINEER Shall put r~pon them with reuonabfe ' corrections. The CONTRACTOR shalt make any correctioass required bysithe ~t ENGINEER, file with him two corrected Copies and furnish such other copies as T''trA' 4. may be needed. The ENGINEER'S approval of such drawings or schedules Shall not " relieve the CONTRACTOR from responsibility for errors or any sort in shop drawings or schedules. it shall be the CONTRACTOR'S res _ completely review all shop drawings V to ascertain their effect b oa h and within the contract time. t is billtya to ro„ Perform the required contact work in accardsnce with the plans and specifications ity to S, Such review by the ENGINEER shall be for the sole purpose of determining the is+r sufficLhey of said drawings or schedules to result in finished improvements In M, r conformity with the plans and specificat:ons, and shall not relieve the° n 0-1 CONTRACTOR of his duty as an Indepeudent contractor as previous,y set forth, it being expressly understood and agreed that the ENGINEER does not assume any r" ~r duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or ' property during CONTRACTOR'S performance hereunder, w 1 C i . i. i~ 4 f Aka aFL{ ~e d 1' j` r r r~,.~4KY+N1,fl+ritSi+araismsn....,_".. .".~rim~_! r i ~ i r s y +'41•' r.°°f~~~`v€j d~},ry o e. r < .t sr ~k ' 411 rt , , l• , ti rtied',` 1. % 2,13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, and in full accordance with the plans and specifica'ions. No failure or omission of the t- + ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the ~ 1,{ contract, including without limitations, the obligation to at once tear out, remove , % r I and properly replace the same at any time prior to final acceptance upon the v,r 4 discovery of said defective work or material; provided, however, that the i v {f' 4 v° ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be ^ t', clearly shown that such material furnished does not meet the specifications for this a't y work. {j { 4~r ;4~• Any questioned work may be ordered taken up or removed for re-examination, p#ra ' by the ENGINEER, prior to final acceptance, and If found not In accordance with 4k. the specifleatlors for said worts, all expense of removing, re-examination and , ex replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where Inspection or approval is specifically required by the " specifications prior to performance of certain work, should 1':e CONTRACTOR proceed with such work without requesting prior inspection or approval he shall ~k; <it r, t, 'a bear hit expense of taking up, removing, and replacing this work if so directed by w ' the ENGINEER. f' 2,14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or e; ? ail not In conformity with t:je specifications, the CONTRACTOR shall after receipt of w r\r { x' written notice thereof from the ENGINEER, forthwith remove such material and , rebuild or otherwise remedy such work to that it shall be In full accordance with this contract.^ r 2,15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees, that the OWNER may make such changes and alterations as the OWNER may see fit rr S ' e r in the line, grade, for, dimensions, plans or materials for the work herein > ~wr contemp'sted, or any part thereof, either before or after the bet nning of the construction, without affecting the validity of this contract and she+ccompanying Performance and Payment Bonds. i rfi .I I sly I ~ syJ 1 ' 1 t. ~;~,pa v~s+l~5i4~;41`W+'~.iklt}~tAa:mn~,,,.,....-•., °`~iMR~ iv;' t t, fr ~ ; 4 ! ~+~t:f'Kw:,.iwrai6iw,r.ataH~l+[9V:Y~"34.1?i9~~A ~a+~, j~}~,~gY,i,',,,e"s.° ''~M,~ 4~l ,'!J Fe rr , y', +l L , h.. Y if such changes or alteralions diminish the quantity of the work to be done, they+ shall not consekt,te the basis for a claim for damages, or anticipated profits on the t, r1s work that may be dispensed with, except as provided for unit price items under Section 3'Measurement and Payment' If the amount of work is increased, and the work coo fairly be classified under the specifications, such Increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under 3 ' Section 3'Meaaurement and Payment," otherwise, su.h additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or aherations as shall make useless any work already done or material already r t 1 rt furnished or used in said work, then the OWNER shall recompense the ' CONTRACTOR far any material or labor to used and for any actual loss occasioned by such change, due to actual expenses Incurred to preparation for the rid work as originally planned. 1 e 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES ,ttk t K ~s ~ ` 3.01 BEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE, The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and spccificallons without expense to him, and the Ve r CONTRACTOR shall keep one copy of he same constantly accessible on the cork, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the ENGINEER shall not be reused on other work and, with siir ' 7 v ' the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. I 3.03 ADEQUACY OF DESIGN, it is understood that the OWNER believes it Xt~ has employed competent engineers and designers, It is, therefore, agreed that the 1 OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the " operations of the completed project; provided the CONTRACTOR has compiled r4 >.t,3 with the requirements of the said Contract Documents all approved thereof, and additions and alterations thereto approved riling b modifications y the The burden of proof of such compliance hall be uponth In. CONTRACTOROto how T that he has complied with the sold requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. .r I 1 ~ ~~~F 1 ' tt,>I~Yp.f 1 r , ~ " V ti L 9 Tryry, ~ ~ f ^ r 4 J r' w". _ _ _-,,,,.,,,,v,,,A~~~~~o$~p'i,~- ,fit'' " r.« LI.v+.kfr:-xs~~sta!~rr>tt+Y,~'+f'e'7V'~4p"~s;}~ie°`~'FiCdd°,N! r as 3']] 1 f } 3.04 RIGHT OF F,NTRY. The OWNER reserves the tight to enter the property or location on which the works herein contracted for are to be constructed or 4t ' installed, by such agent or agents as he may elect, for the purpose of inspecting the t 4r work, or for the purpose of constructing or installing such collateral work as said OWNER may desire, g 3.05 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the F; intent of this contract that all work must be done and all material must be furnished In accordance with the generally accepted practice, and in the event of a any discrepancies between the separate contract documents, the priority of° or' Interpretation defined under "Contract Documents" shall govern. In the event that w there is still any doubt as to the meaning and intent of any portion of the contract, + tit k specifications or drawings, the ENGINEER shall define which is Intended to apply a" ' el to the work. ' lt~r~~~t.p •p r.'. x 6, r 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTIONS PLANT, The CONTRACTOR shall be responsible for the care, preservation, conservation, and r protection of all materials, supplies, machinery, equipment, tools, apparatus, 1A ' accessories, facilities, all means of construction, and any and all parts of the work,; whether the CONTRACTOR has been paid, partially paid, or not paid for such s''r? work, until the entire work is completed and accepted. 't 3.06 DAMAGES. In the event the CONTRACTOR is damaged to the course of the completion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the ENGINEER, or of any other CONTRACTOR employed by the I OWNER upon the work„ thereby causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the ldg OWNER 12 damaged In the course of the work by the act, negligenee, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall ° reimburse the OWNER for such loss. A f,SH .l• r4 % Y~ 4* ~ • ~i, All L~ It ^°w5s„sy~,ay, syl.,,,;',Wry ,iR~~•c'WRroxw.~.,.._.. ...~,..a.w,~.ry. rx ti w t car M gll ~ ' a' th t pp # v E.' r 3,49 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND TIIE fA , PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for "±Y the safety of employees sad others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and rte, t ,S construction codes, All machinery and equipment and other physical hazards shall + ra be guarded is accordance with the "Manual of Accident Prevention in Construction' or the Associated General Contractors of America except where Incompatible with Federal, Stale, or Municipal laws or regulations, The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other '~~~^ht Y'"w safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an ~ae lx ri' independent contractor, v 4 F,, ,~{r iR pa 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it T^' is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each In the sum of one hundred wo) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fuliiliment of any guarantees required, sad further guaranteeing payment to all persons supplpinga labor and materials or furnishing him any equipment in the execution of the ±a^;y r ' # s a Contract, and it is agreed that this Contract shall not be In effect until such performance and payment bonds are furnished and a a t pproved by the OWNER. Unless otherwise approved n writing by the OWNER, the surety company underwriting the bonds shall be acceptable according to the latest list ')f companlcs holding certificates of authority from the secretary or the Treasury of the United States. Unless otherwise specified, the cost of she premium for the performance and payment bonds shall be Included in the CONTRACTOR'S proposal 3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise spectfltd, all loss ,'yT l4 y' or damage to the CONTRACTOR arlsin f out or the nature or the work to be done, a is f s' or from the action of the elements, or Irom any unforeseen circumstance in the prosecution or the same, or from unusual obstructions or difficulties which may be t° s + caencountered In the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. a ~ ~+ti, , t r q :~I , V~p { J w ~ P 4}~ t S~ ! n i r. ...,.,-..'i``,w?a81...~, v f r 'Nat}.. ~ r l w Y w...$ ,;..___..,,.....,...~.,n.re,en.%5.'tKeArk~i.~~►;~'_'~*~'rs~ti~'^'~fi.. x 1r, •rty , + prS 3.12 FROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR r shall take proper means to project the adjacent or end oinin''""' ' Y property in any way encountered, which might be injured or seriiouslyAffectedrbyrany r 4 Injury of construction to be undertaken unetr this Agreement, from and damage or by reason of said process of con;uucrion; and he shall be liable for any and { s , all claims for such damage on account of his failure to fully protect all adjoining property, The CONTRACTOR agrees to indemnify, save and hold ld harmless the ' OWNER and ENGINEER against any claLn or clams for damages due to any Injury J~ to any adjacent or adjoining Property, arisi,g or grawing out of the performance of the contract; but any such Indemnity shall not Apoly to any claim of any kind arising out of the existence or character of the work, n~ % 3.13 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, t+ LABORERS, MATERIALMEN AND FURNISHERS OF MACIIINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify i and lave rho OWNER end ENGINEER harmless from all claims growing out of the lawful demands of subcontractor, laborers, workmen, mechanics, materialmen and ~5s % furnishers of machinery and parts thereof, equipment, power tools, and all supplies, ` k Including commissary, Incurred In the furtherance of the performance or this 1 contract. When so desired by the OWNER, the CONTRACTOR shall furnish fx t` `f satisfactory evidence that all obligations of the nature hereinabove designated have 1 been paid, discharged or waived. if the CONTRACTOR fails to to do, then the ~ OWNER may at the option of the CONTRACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or wlthhuld from the to F: CON'CRACTOR'S unpaid compensation a sum of money deemed reasonable sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to Impose any obligation upon the OWNER by either rho CONTRACTOR or his Surety. 3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalli.s and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the alentee y CONTRACTOR shelf defend all suits or claims for Infringem ntoof annex. The nt or copyright rights and shall Indemnify and save the OWNER and ENGIINEER harmless from Any loss on account thereof. except that the OWNER shall defend all such suits and claims and shall be responsible for ail such loss when e 1 design, device, material or Process or the product of a particular manufac, Ater or manufacturers is specified or required by the OWNER; provided, however, if choice k , * 1C11~ " ,~i r j - l ry H 'F r~ arc ~}r of alternate design, device, material or process is allowed to the CONTRACTOR, then CONTRACTOR shall Indemnify, and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringer.-rit, the CONTRACTOR shall be responsible for such loss unless he promptly gives such Information to the OWNER. 3,I5 LAw3 AND ORDINANCES. The CONTRACTOR shall at all times observe lye ;i' ,r and comply with all Federal, State and local laws. ordinances and regulations, which tati'k In any manner affect the contract or the work, and shall Indemnify and save 5r& t{ r' y~y ' harmless the OWNER and ENGINEER against any claim arising from the violation i of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the y hf,' Tr Contract Documents. If ti,e CONTRACTOR observes that the plans and ' specifications are at variance therewith, he shall promptly notify the ENGINEER in ' fit. ' i$sT writing, and any necessary changes shall be adjusted as provided In the contract for M y` changes In the work, if the CONTRACTOR performs any work knowing it to be #rtr contrary to such laws, crdins.,ces, rules and regulations, end without such novice to Yf•, the ENGINEER, ehtlt bear a I costs arising therefrom. In case the OWNER is a body politic and corporate, the law from which it derives its powers, Insofar as then same regulates the objects for which, or the manner In which, or the conditions "r under which the OWNER may enter into c.+nt°act, shall be controlling, and shall be ~,{,.4 considered as part of this contract, to the same effect as though embodied herein. fk,~,F P ' 3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees t that he will retain personal control and will give his personal attention to the k` fulfillment of this contract and that hi will not assign by Power of Attorney, or otherwise, or sublet said contract without the writicn consent of the ENGINEER, I , f end that no part or feature of the work will be sublet to anyone objectionable to the rs' ENGINEER or the OWNER. The CONTRACTOR further agrees that the sublcning ° of any portion or feature of the work, or materials required In the performance of ~ry this contract, shall not relieve the CONTRACTOR from his full obligations to the ,~rs',F. OWNER, as provided by this Agreement. k l ? 3,I7 INDLMNIFICATION. The CONTRACTOR shall defend, Indemnify and k ~ hold harmless the OWNER and the ENGINEER and their respective officers, agents ' and employees, from and against all damages, claims, losses, demands, suits, 1ti1~; judgments and costs, Including Teasonable attorneys' fees and expanses, arising out of or resulting from the performance of the work, provided that any ruc!I damages, k~$~. j claim, loss demend suit + , , judgment, cost or expense: (1) Is attributable to bodily Injury, sickness, disease or death 01 , 1V {A°,P 'Z' T•+""^~._. ..._,__4...«„Myyy04lj''Wk4YrSAlrrali~r~,~illl~~~~i1~r'{M"".,.."° i"Y~.. , ti. J i. ' i t ~l ~ GR r or to Injury to or destruction of tangible property (other r r than the work Itself) including the loss of use resulting therefrom; and, " T t.4 (2) Is caused In whole or in put by any negligent act or omission of the Contractor, any Subcontractor, anyone t Y, directly or indirectly employed by any one or them or .x;4~" t anyone for whose acts any of them may be liable, regardless,}'' ' of whether or not It Is caused in part by a party ant` AA^ Indemnified hereunder. ~ti'vy,s; rA , l F7 , The obligation of thr CONTRACTOR under this Paragraph shall not extend to r the liability of the ENGINEER, his agents or employees arising out of the 't+k t preparation or approval of maps, drawings, report, surveys, Change Orders, designs #r Of Specifications, or the giving of or the failure to give directions or instructions by 4 ' the ENGiNFER, his agents or employees, provided such giving or failure to give Is +ti i the primary cause or tix injury or damage. 3.111 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth y below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by any Subcontractor or by ` anyone directly or indirectly employed by any of them, or by anyone for whose act. 21 is B any of them may be liable: ii , Y , u F {1) Workmen's compensation claims, disab,!if benefits and other similar employee benefit acts; y (2) Claims for damages because of bodily Injury, occupational r: cat", sickness or disease, or death of his employees, and claims a ' ^ e insured by usual bodily Injury liability coverages; (3) Claims for damages because of bodily Injury, sickness or "l disease, or death of any person other than his employees and claims insured by usual bodily Injury liability eta p~, coverages; and (4) Claims for da,nages because of Injury to or destruction Sla't'. of tangible property, including loss of use resulting therefrom. } 3.1111 CERTIFICATE OF INSURANCE. Heron commencieg any of the work, r r74 n , L , t1, ,Y K' : i sib i e A' t 1 % I i ~sg°}h1~.iY.i7~o..!~a`.1oYr~iWklt~ia4atk~ vk., R Kr~r A i■ r ~i 3 1y r ~ t CONTRAC R shall file with the OWNER valid Cerli,icalcs or insurance acceptable o the OWNER and the ENGINEER, Such Certificates shall contain a provision at coverages afforded under the policies will not be canceled until at letst ve prior written notice has been given to the OWNER, w The CONTRACTOR shall Also file with the OWNER valid Certificates of r insurance covering ell sub-contractors. s y 4. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of f s this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be aUawed to prosecute his work at such limes and seasons, In such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be '`•k k such that the work shall be substantially comrlcte+ as a whole and in part, in i> accordance with this contract, the plans and ti,ecifications, and within the time of `Ykrs' completion designs# d in the Proposal; provided, also, that when the OWNER is having other work none, rither by contract or by his own force, the ENGINEER 3 s t may direct the time and manner of constructing the work done under this contract,t tg so that conflict will be voided and the construction of the various works being }K t s J done for the OWNER shall be harmortircd. Ly*'~ ` ' 1 The CONTRACTOR shall submit, at such times as may reasonable be requested= by the ENGINEER, schedules which shall show the order in which the p v CONTRACTOR proposes to carry on the work, with dates at which the 4 c CONTRACTOR will start the several part of the work, and estimated dates of completion of the several parts , 4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed In the ri'L c " completion of the work by any act or neglect of the OWNER or ENGINEER, or or y 4 any employee of either, or by ether cc,ntraclors employed by tie OWNER, or by changes ordered In the work, or by strikes, lockouts, fires, And unusual delays by common carriers, or unavoidable cause or causes beyond the CONT'RACTOR'S c +r, ' control, or by any cause which she ENGINEER shall decide justifies the dela then r' r on extension of time shall be altowed for completing the work, ,,efficient to rx 1 compensate for the delay, the amount or the extension to be determined by the ENGINEER, provided, however, that the CON1 RACTO k shall give the ENGINEER 1tz u prompt notice in writing of the cause or such delay, 4 4 i 4.03 HINDRANCES AND DELAYS. No claims shall be made by the s cF . t vl CONTRACTOR for damages resulting from hindrances or delays from any rouse (except where the work Is stopped by order of the OWNER) during the progress t f ' D ' , L d } ^ ~ars~►~tar~s will" r r w~ f^fr, tit J L dj ~ ~~[h~ .i+-+, r..~l ♦r 7t ~-.ice^"~; ci?gr, r`fr ~-W, u" iH• ~ 4a,'~11 + f s y 5 1 ~ 4t r~~V r ^l. ,fit t 1 ~ + , - si4r .c P*Y , it 1I,S + I 1 it 1. 11 ~ k, r i any portion of the work eribroccd In this contract, In case said work shall be y; I;+ + f stopped by the act of the OWNER, then such expense as in the judgment of the ~lir'; I r ENGINEER Is caused by ouch stoppage r,f said work shall be paid by the OWNER to the CONTRACTOR. t. 3, MEASUREMENT ANN PAYMENT i*y a1 sit. S.01 QUANTITIES AND MEPSUREIIENTS. No extra or customary d~ , + t measurements of any kind ,vill be IlIlowcd, but the actual measure: and/or "z computed length, area, solid cunb:tit$, number and weight only shot: be considered, M #t~w r unless otherwise specifically provided. U2 ESTIMATfSU ttUANT'ITIES, This a!srcemcns inct rltng the apcciflcatinns + `"o~r+ plans and estimate, Is tattnded to show cleoily all work to be done and material to be furnished hereunder. Where the ^srimated quantities are sh.wn for the varlous ciassco of work in be done and material to be furnlslticd under tr°+i r ,yo tfi~ approximate and era to be used only as a basis for cstimntfng tthse probable costaof the work and for comparing the proposals offered for the wcrk• It Is understood ??'t 1 and agreed that the actual amount of work to be done and malerlal to be furnished under this contract may differ somewhat from these estimates, and that where the basis rot payment under this contract is the unit pric method, payment shall be for the actual amount of such work done and the material l furnished. Where payment Is based on the unit price method, the CONTRACTOR ngrecs ' that he will make no claim for damages, amktpatcd profits 'tr otherwkc on account of any differences which may be found beteccn the qutdittiel of work actually a K t done, the material actually furnished under this contract and the estimated quanthks Contemplated and r tined In p case the actual q entity of any tmta}or I'temr should ropostil;becomevidedai ch as r, 20'16 than more re " as than, or 2096 less than the estimated or Contemplated quantity for such items, then f r kYl . either party to this Agreement, upon demand, shall to entitled to a revised '4 ~t it cinslderodon upon the portion or the work above or below 20% of the estimatcd p quantity. A "Major Item' shall be construed to be any Individual ble item Incurred In the "'01, Frye F proposal that has a total cost equal to or greater than five (S) percent of the tots: r > contract cost, computed on the basis of the proposal quantities and the contract unit prices. [ Any revised consideration is to be determined by agreement between the parties, r~srfii r i otherwise by the lermo of this Agreement, as provided under "Extra Work' 1• V V- 1 t I 3 1 r + I ~ r 0 f hid°l • % Y aI yY 1~y \ ~r . yfE "d~ 0,~ l y + ~ , a I ai' Ti •"w1'`rk Ar' t•, i i ! ] ' p,~+ , > ti J~:'•i o k , d•, i' „ r N D , ;'r i 'f.' t 5 'ef,,~dt . ~,e I Y,I I t 7~t" ~ t „ t , i i i♦ S I r , f f I a y~ 1 ` 3,03 PRICE OF WORK. In consideration of the furnishing of all the necessary hey ti # labor, equipment and material, and the completion of all work by the t t CONTRACTOR, and on the completion of all work and of the delivery of all materlnl embraced in this Contract In full conformity with the specification, and r31dr,"v t + nlpufatioru herein contained, the OWNER agrees to pay the CONTRACTOR the ; Y a s prices set forth in the Proposal hereto attached, which has been made a part of this 1 contract. The CONTRACTOR hereby agrees to receive uich prices In full for furnishing till material and all labor required for the aforesaid work, also for all t +,1 , ; ' expense Incurred by him, and for well and truly performing the same and the whole rr~ , thereof In the manner and according to this Agreement, ji ~r i : h ~;.1~, ~AS• ~;ka r 1 3.04 PARTIAL PAYMENTS. On or before the 101h day of cash mouth, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or vat f; ;ti,', modification a statement showing as completely as practicable the total value of the "s , ra work done by the CONTRACTOR up to and including the last day of the preceding s, month; said statement shall also Include the value of all sound materials delivered ~t"`~^' A on the site of the work that are to be fabricated Into the work. + The OWNER shall then pay the CONTRACTOR on or before the 1 5th day of the w•d,• N t 3 current month tl,e total amount of the approved statement, less 10 percent of the amount thereof, w; teh 10 percent shall be retained until final payment, and further A ~a less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement, it Is understood, however, that In case the whole work be near to completion and some unexpected and unusual delay occurs due to Cr,attill4`. no fault or neglect on the part or the CONTRACTOR, the OWNER may upon ` written rtcommendetlon of the ENGINEER pay a reasonable and equitable purilort of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, t~j,: thereupon, the CONTRACTOR shall receive payment of the balance due him under the csstract subject only to the conditlous slated under 'Final Payment' `y' `ris4 3.03 USE OF COMPLETED PORTIONS, The OWNER shall here the right to ' take possession of and use any completed or partially completed purtlonf of the l '#t rt' work, notwithstanding the time of completing the entire work or such portions may 'rr not have expired but such taking possession end use shall not be deemed in ; r ' acceptance of any work not completed In accordance with the Contract Documents. If such prior use Increases the cost of or delsys the work, the CONTRACTOR shall 1 A , ,rrr y , be entitled to ouch extra compensation, or extenfion of time, or both, is the ENGINEER may deicrmine,z"' a{ The CON'T) AC'IUR shall notify the ENGINEER when, In the CONTRACTOR'S ,rr ti,;1 J 'k opinion, the contract is 'suhstanil !ly completed, and when to notifyin3 the li+ ENGINEER, the CONTRACTOR mall furnish to the ENGINEER in writing a v"^ A ' YI` i, I!l,7 7 1 ii c 'I '.t I0 !1 t ' 1 r' ++i ' .i 1 , sky. h~ i 1 i I ' 1 r ,i i rrr 7 1 '3gJa~1 t dTi.~ 1 , I r, < 1~r I t p M 9 t r 'I 1 , s I ~i• . s i} w 't s s a+ a 1. A4'9,'r~ r 1 YS'^a 4 ~ .y y ~w] ,I 4 k t-.. 'A r AIr 1 t .4~~~ a ES. A J ~1 . r J detailed list of unfinished work. The ENGINEER will review the CONTRACTOR'S i list of unfinished work and will add Iherety such Items as the CONTRACTOR has failed to include, The "substantial comple!lon" of the structure or facility shall not e°; excuse the CONTRACTOR from performing all of the work undertaken, whether or a minor or major nature, and thereby completing the structure or facility In s r" accordance with the Contract Documents. a 3,06 FINAL COMPLETION AND ACCEPTANCE, Within ten (10) days after tJ„ the CONTRACTOR has given the ENGINEER wslttrn notice that the work has, r '•o., ^ been completed, or substantially comp~eled, the ENGINEER and the OWNER shall Inspect the work and within said time, If the work be found to be completed or substantially completed In accordance with the Contract Documents, the ENGINEER shall Issue to the OWNER and the CONTRACTOR his Certificate of jM1frs` kN Completion, and thereupon it shall be the duty or the OWNER within ten (10) days to Issue and Certificate of Acceptance or the work to the CONTRACTOR or to odvlse the CONTRACTOR In writing of the reason for non-acceptance. ' 3,07 FINAL PAYMENT 'eon the issuance of the Certificate of Completion, the ENGINEER shall pro to make final measurements and prepare final r' statement of the value or all work performed and maltrinl'furnisbad under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the + >rv`t` I cf CONTRACTOR on or after the 30th day, and before the 35th day, after the date of r 1 c)`, ;'.r the Certificate of Completion, the balance due the CONTRACTOR under the terms r qq of this Agreement, provided he has fully performed his contractual obligations +r ( under the It -ms of this contract; and said payment shall become due In any event upon said perfo-monce by the CONTRACTOR. Neither the Certificate of t ItJra'', ~j';" Acceptance nor tie final psyhtenl, nor any provision In the Contract Documents, shall relieve the CONTRACTOR of the obtigatlce for fulfillment of any warranty which may be required. ` 5.03 PAYMENTS WITIIIIELD. The OWNER may, on account of subsequently " discovered evidence, withhold or nullify the whole or part of any certiftcate to such r extent as may be necessary le protect himself from loss on account of: }1a l 9ti' (a) Defective work not remedied. (b) Claims flied or reasonable evidence IndicaUnp probable k v } filing or claims s, rt t (c) Failure of the CONTRACTOR tq, :rake payments properly to }F xf ' t subcontractors or for material or labor. r (d) Damage to another contractor. (c) heasonsblc doubt that the work can be completed for the I J, d..~t'' "55 ~y I t v 1 Rr } v p k)t!W, ~ r r ' r t~,w } tai A•'}, "~1,4 , i ~ ' 1 . ttdr+x::isrtlwall'A1AYtM~IuiPfpl~lt I pyyt ~ r tq I t ~ ~~ik~i ~ t r Z 1 unpaid balance of the contract amount. (f) Reasonable Indication that the work will not be completed '1N* I riwithin the contract time. i nrLa i ' When the above grounds are removed or the CONTRACTOR providrs a surely r, ;t ; Bond satisfactory to the OWNER, which will protect the OWNER In the amount tyRSr is withheld, payment shall be made for amounts withheld because of them. 'a 5.09 DELAYED PAYMENTS. Should the OWNER foil to make payment to the s as r 01 !1. CONTRACTOR of the sum named In any partial or final statement, when payment is due, then the OWNER that) pay to the CONTRACTO, In addition to the cum ,fib " zhR`. JJ i rtfi shown as due by such statement. Interest thereon at the rate of (6) percent per ~.tt 1 annum, unless otherwise specified, from date due as t Payments' and 'Final Payments,` until full provided under `Partial y, Fr i w: y paid, which shall fully liquidate any t k injury to the CONTRACTOR growing out of such delay In payment, but the right is )+h1 F. k c expressly reserved to the CONTRACTOR In the event payments be not promptly made, as provided under 'Partial Payments; to at any time thereafter treat the ~r 4A contract a abandoned by the 0,1 NER and recover compensation, as provided under Abandonment of Contract; unless such payments are withheld In accordance with >p 7k° the provisions of I'Puymenti Withheld,' n' 6• EXTRA WORK AND CLAIMS , 6.01 CHANGE ORDERS. Without invalldving this Agreemept, the OWNER toy, at any time or from time to time, order addition deletions or revisions to the y , r work; such changes will be authorized by Change Order to be prepared by the r it f s ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the boils for any change in contract price. as hereinafter cal Its z forth for Extra Work, and any change in contract time which may result from the fa 1; w. change. hl In the even the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the ENGINEER and executed by the OWNER, the ENGINEER may in writing instruct the CONTRACTOR to proceed with the work v 1 i as set forth In the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. 6.07 MINOR CHANGES, The ENGINEER may outhotl+e minor changes In the }4z `r lr I V work not Inconolsteni with the overall intent of the Contract Documents and not involving an increase In Contract Price, If the CONTRACTOR believes that any " minor change or alteration authorized by the ENGINEER Involves Extra Work and ° `t•, entitles him to an increase In the Contract Price, the CONTRACTOR shall make t? ft~l, ',f• r I ,y 1 T If T * 1 ,,y i l ~ e 1 '1111- '1 .J ~yP t'ti~ L tY + 4 , `3 netb dr 1 i,, r~~ ~Sr cif ~y r~ r 1 tl f~' rY''r ,a J• a S Z:I n}1 %i r di k"I r' p , 1 I r r n q, ' ~tl~krt~ ^ ~ ~ it Y•y 'ku i#t r~l y ~ ySyn~~w(5~~r1Yy~,5(~ al i 5Y4rr 1 wrlUea request to the ENGINEER for a written Field Order, ^ - In such case, the CONTRACTOR by copy of his communication to the Y f,'1 fit' ENGINEER or otherwise in writing shall advise the OWNER of his request to the 1 rl1 r ENGINEER for a written Field Order and that the work lntctved may result In an Increase In the Contract Price. Any request by the CONTRACTOR for a change in Contract Price shall be made "~I~I 1 e ' prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of comprnsat~on to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim r~ for Extra Work is made shall be determined by one or more of the foltowIng meth - ,v rltl,` methods: Method (A) • By agreed unit prices; or l4 Method (8)' By agreed lump sum; of 4th " Ile Method (C) • If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the 1Eh~' l CONTRACTOR shall be paid the "actual field cost of the work, plus fifteen (13) percent, l Se.„` ° e, r}y in the event said Extra Work be performed end paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby r i defined to include the cost to the CONTRACTOR of ell workmen, Such as intention, k , 4 timekeepers, mechanics and laborers, and materials, supplies, leams, trucks, rentals',IaC on machinery and eq>lipmenl, for the time actually employed or used on such Extra,,, l Work, plug actual Irtnsportillon charges necessarily Incurred, together with all )1 tt,` power, fuel, lubrlcanls, water and similar operating expenses, also all necessary r ak ` incidental expenses incurred directly on account of such Extra Work, including +w}>° , r Social Security, Old Age Benefits and other payroll taxes, and, r, ratable proportion of premiums on Perfo ante aPayment Bonds and Maintenance 3onds, Public r.; Liability end Property Damage and Worlt is f.ompcnsation, and all other 'j, t I insurance as may be required by any law or ordinance, or (Directed by the OWNER, rt of by them agreed to. The ENGINEER may direct the form in which accoutts of the i, "actual field eoit" shall be kept and the reearos of these accounts shall be made ' available to the ENGINEER. The ENGINEER nr OWNER may also Specify in a 11' writing, before the work commences, tho method of doing the work and the type p1`' i and kind of machinery and equipment to be used, otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for p } e the use of machinery and equipment shall be determined by using ICO percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Wh:re practicable rile I~ E ~Sr l d ~ S , t 1 ~ ~ ~ try 1~~, J AA~~•11 rFf f Y.~p y t rI, r f y i , k ~ + r . 1 w, it t^ 1. a , yF I l.w fir. r.'r. ~.i t. t., lw'^~%. tr , , 1ikk _ 1~ 1 i , r I c~ba. ny t~d + Y : - 11+ "~8~,+ r,"~V^} 'y Vy'Zj i 'pt V tl i , v 1 ;p . G f xt~t t I x~e ~ti 'h~^ " ~ t C ~ { fit l-A ~ltkrn :'tiav r d S 14 w , b yKYYr ~ i,e ~ ~~yr x1~w 3r I ` terms and prices for the use of machinery and equipment shell be incorporated In the Written Extra Work Order. The fifteen (IS%) percent of the "actual field cost" ti` to be paid the CONTRACTOR shall cover and compensate him for his profit, r ' ~t ! overhead gtnerl, superintendence and field office expense, and all other elements ,'off ry , of cost and expense not embraced within the 'actual field cost' as herein defined. ty iii,; t`a save tLst where the CONTRACTOR'S Camp or Field Office must by malniained primarily on account of such Extra Work; then the cost to maintain and operate the o "y same shall be included in the "actual field cost' y a' r: No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders rr Instructions, either oral or written, appear to the CONTRACTOR to Involve Extra Work for which he should receive s c. 1 compensation or an adjustment In the Construction dyne, he shall :nuke written r ; request to the ENGINEER for written order authorl7ing such Extra Work, Should a intr. difference of opinion arse as to what does or does rot constitute Eslra Work, or as to the payment therrfor, and the ENGINEER Insi±ls upon Its performance, the CONTRACTOR shall proceed with the work after cooking written request for written order and shall keep nn accurate account of the "actual field cost' thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right II to submit the matter of psym, rat to arbitration, as hereinbclow provided. ~ 1 "i,~.t t lit 6.04 TIME OF FILING CLAIMS. it is further agreed by both parties beret, that 4 A F1 all questions of dispute or adjustment presented by the CONTRACTOR shall be In t d~ r r. writing and filed with the ENGINEER whhin thirty (30) dayr after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires~.}{s roc ' to take exception. The ENGINEER shall topIY within thirty (30) days to such r'. r /i bN r; written exceptions by the CONTRACTOR and renu;r his final decision in writing. ,f rya{ In case the CONTRACTOR should appeal from the ENGINEER'S decision, any " demand for arbitration shall be filed with the ENGINEER and the OWNER in writing within ten (10) d'tys after the dote of delivery 10 CONTRACTOR of the f tit'' ENGINEER'S final decision, it is further agreed that final acceptance or lh: work by the OWNER and the acceptance by the CONTRACTOR of the final payment 'r' a e I'l,~ 0.y1 shall be a bar to an'• claims by either party, except where noted otherwise In the ;e' Contrftet Documents. 6.03 ARBITRATION. All.questlons of dispute under this Agreement shall be a)a t t submitted to arbitration at the request of either party to the dispute, The parties 11 may agree upon one arbiter, otherwise, there shall be three, one named In writing by of S 16 each party, and the third chosen by two arbiters so tclected; or if the nrbiters fait to ' select a third within ten. (10) days, he shell be chosen by a District fudge serving the County In which 0 e major portion of the project 1s located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ~ f ~ ~~~fA F~ 1 ~~II IC M •y 1~'is+s'!r"e►5 r t { ',w7 ' i ~....r. . i nit' f • ° ,w `S n.~f as . J, s , 4 .n, } ' , i , I1•t f ~r r~ ~ ~ iw~ { t~(,! r, . r t ~l, ~ I , ~y ' 1t~ , ♦ dro ~ I~ ~ yr t~n)`. rl~ 1 S \ v r 'Aw ♦ i T tat (10) days of the demand, his right to arbitrate shall lapse, s.,1 the decision of the ENGINEER shall be final and binding on him. Should the other party rail to .;~',~?t" V1 art, choose an arbiter within ten (10) days, the ENGINEER shat] appoint such arbiter. + T T Should either party refuse or neglect to supply the arbiters with any papers or1 y; In,ormetton demanded in writing, the arbiters ire empowered by both patties to l ; take ex parts proceedings. r r n The arbiters shalt act with promptness. The decision of any two sh ill ba bindings s, on both parties to the contract. The decision of the arbiters upon any question S submitted to arbitration under this contract shall be a condition precedent to any a~ry right of legal action. The decision of the arbiter or arbiters may be filed In court to " carry It into effect. The arbiters, If they deem the ease demands it, are authorized to award the party whose contention is sustained, such sums at they deem proper for the time, expense and trouble Incident to the appeal, and jr the appeal was taken without reasonable cause, they may award damages for any delay occasloned thereby. The arbiters shall III; their oven compensation, unless otherwise provided by agreement, ~>xC y tat: and shall assess the cost and chstges of the arbitration upon either or both parties. l* ' The award of the arbiters mtat be made in writing. t 7. ASANDONSIENT OF CONTRACT htr° t r' J k`4" s 7.01 ABAUDONMCNT BY CONTRACTOR, in case the CONTRACTOR should V ^ 1 ~'ts4+',' 1 abandon and fall or refuse to resume work within ten (10) days after 'Written ~fwd1; ; notification from the OWNER, or the ENGINEER, or if the CONTRACToit falls to i comply with the orders of the ENGINEER, when such orders are consistent with the a ` k Contract Documents, then, and In that case, where performance and paymai! bonds tia'+la exist, the Sureties on these bonds shall be notified In writing and directed to p r,~ complete the work, and a copy of tiid nttice shall be delivered to the CONTRACTOR, 1 After receiving said notice of abandonment the CONTRACTOR shall not 3,. remove from the work any mschlaery, equipment, tool., materials or supplies the + on the Job, but the same, together with any materials and equipment under contract t f for the work, may be held for use on work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work, and the gat 4' CONTRACTOR shalt not receive any rental or credit therefor (except when used In coancctlon with Extra Work, where credit shall be allowed as provided for under Jxi Section 6, Extra Work and Claims), it being undetstoo : that the use of such fir; r equipment and mitetlals will ultimately reduce the cost to comptele the work and be Htr reflected in the final settlement, Where there Is no performance bond provided or in cast the Surety should fail to commence compliance with the notice for completion heteinbefore provided for, ~ i ha . t t JIN' , r r t It r• 1 l z , , .L e l ~e 2 _ V S fkk A!'t ~F r t i wr~sarrrr.~ 'r Y~ a a~4M' ! g° ' T we rr : E ti w !y r f~ !J L'~: l" i1 dd E rNl• 61 , ! ' + ~ ~ ' 4 4 ~z1 'l tir is ulj Q •k[~ , ~ a ~ ~i~., ~ „r ~ r. e i A l~+t l 1 i 1 I 2 ` 1 R itw y } 1/ t ,t 1 *~Si " 1 ,iYy t' • t~ M1riM,1 ' r '::r rs.~ 71, A-~ r t ilM~,~u~l ~ ~ w'ysY• 1+ s t ` within ten (10) days after service of such nctfce, then the OWNER may completion of the work In elthcr of the following elective manncu; y provide for 7.01.1 The OWNER may thereupon employ such force of men and use Poch rr,'e "e 4, machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, moterlab and supplies to said CONTRACTOR, and expense so r#il 4~ charged shall be deducted and paid by the OWNER out of such moneys as may be tr d due, or that may thereafter at any time become due to the CONTRACTOR under,' and by virtue of this Agreement, in cas• such expense Is less than the sum which ti't y would have been payable under this contract, if the same had been completed by ,i1il R ty. sold CONTRACTOR, then the CONTRACTOR and/or his Surety shalt pay the a amount of such excess 10 the OWNER; or 7,01,11 The OWNER under sealed bids, after rive (3) days notioe published one or y w + more times in a newspaper having general circulation In the county of the location ~~~ti~ 3 !'''4, or the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any Increase In cost to the OWNER under the new contract as compared to what would fr have been the cost under this contract, such Increase shall be charged to the ff~ CONTRACTOR and the Surety shall be a: d remain bound therefor. However, y. AN, ti r should the cost to complete any such new contract prove to be less than what would }7l 'ryt"r t 1 have been the cost to complete under this contract, the CONTRACTOR and/or his tv Surety shall be credited therewith. wf When the work shall have beer, substsntlalty completed the CONTRACTOR and his Surety shall be to notified and certificates of Completion and Acceptance, as 1i t 1',` tP, M provided In Paragraph 3.06 hereinabove, shall be Issued. A complete Itemized `j ai t statement of the contract accounts, certified to by the ENOINEER as being correct } shall then be prepared and delivered to the CONTRACTOR and his Surer' li whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may w4 d, s~~r be shall pay the balance due as reflected by said statement, within fifteen (13) days r t r , lr t+ { After the date of such Certificate of Completion, In the event the statement of accounts shows that the cost to complete the w'oik {sv • ~ttz ^ ^1"" • is less than that which would have been the cost to the OWNER hnd the work been completed by the CONTRACTOR under the terms of this contract' or when the tit s CONTRACTOR end/or his Surety shall pay the balance shown to be due by them to x r~; + the OWNER, then all machinery, equipment, toots, materials or supple. left on the site of the work shall be turned over to the CONTRACTCR andjoi his Surety, ' Should the cost to complete lite work exceed the contract price, and the CONTRACTOR and/or his Surely fop to pay the amount due the OWNI,R within i the time designated hercinabove, and there remains any machinery, equipment, 11 tools, materials or supplies on the site or the work, notice thereof, together with Itemized list or such equipment and materials, shall be mailed to the pr ,,i ~ 1ieq i 51-: tin ,rrrw ,r.~~`~l ,•li t~'i,, ie 'i l'~ ri~+~lr~'1 ~ 1t4~'n. M ra 4i J~rn rA~ „le. 7 ; v •:"w 44 w t ! ~ J • x ~ rLrr, err s' , v t ~~y+a+ " 'lY r~,..r~' .1 < < 1, r, r I 1 ~ a~"i r ii y f tlil Y'r ~~1qqp Vn I'a 1, r, F Iy r ~ , ~ r~y,.y~ i sal `sC ~i ~ 'Rd. ~.~i.i~{,tir~ 1~p57~, it~l~ i~~s~• V..r~, ~ 1~}rAE~~~'~. ~~F~ ~i ~,JI 4, ° I 0 i 9 4 # 31 I p A f I \ I 1 1~F~~L , fit, y Flt yt CONTRACTOR and contract his Surety at the respeotlve addresses daignnted in this 1 , provided, however, that actual written notice given In any manner will ~a { ; 1 satisfy this condition, After mailing, or other giving of such notice, such property 41 j shah be held at risk of the CONTRACTOR and his Surel; subject only to the duly t of the OWNER to exercise ordinary care to protect such property. After fifteen (IS)t~'ff days from the date or said notice the OWNER may sell such machinery, equipment, vt tools, materials or supplies and apply the net sum derived from such sale to their credit or the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or wlrhout notice, as the OWNER may elect. The 3; l;i~It„tl + OWNER shall release any machinery, equipment, luols, materials, or supplies, which R remain on the work, and belong to persons other than the CONTRACTOR or his Surely, to theft proper owners. The books on all operations provided hereto shall be 1 f t ~ open to the CONTRACTOR TOR arid his Surely. { r,` 7.02 ABANDONMENT BY OWNER, In case the OWNER shall fall to comply,'` a i ,^tlrsi with the terms of this contract, and should fail or refuse to comply with sold termsh Ol~ y within ten (10) days after written notification by the CONTRACTOR, then the i , , tt + CONTRACTOR may suspend or wholly abandon the work, and may remove { I I ° fil~ r ' ~ therefrom all machinery, tools and equipment, and all materials on the tire of work that have not been included In payments to the CONTRACTOR and have not been it fir, ` a,l Y 1~4 , y wrought Into the work, And thereupon the ENGINEER shall make in estimate of rtlt r the total amount earned by the CONTRACTOR which estimate shall include the t fi'("a, r I value of all work actually completed by said CONTRACTOR (at the prices stated in T?v1 " the altachod proposal where unit prices are used), the value of elf pay completed work at a felt and equitable price, and the amount of all Ex rarWork e S 1;' ' w r performed of the prices agreed upon, or provided for by the terms of this contract 1 ;~f I r n and a reasonable sum to cover the cost or an this contract, and a reasonable sum to cover the tolllof Any pr Is the the terms of + 6 5 v~ f made b CONTRACTOR to Carry the whole work to completion and which cannot the 'Itilired. The ENGINEER shall then make a final statement of the bola -ice due the { CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be rstsintd by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (00) clays after the date of the notification by the CONTRACTOR the balance shown by cold final statement as due the CONTRACTOR, under the terms of this Agreement. tq ' t, ley * I, ; t rl,, I I 1 , I IV fi r~ p ` , r't'r ` ' n A' i ' ~ i 1 af'A 1 y 1 f ~ t~ i ryp { v ~~~L,,,~yyy ddd I t p ! d r 16 17 e f.G II 4 b, ~ ~ f j ~ { t.+ W v Y w 5 - A d r' , r s t r '"y x~ 3 .1 - 4 ,ft ~ 1 + , : ~ 1 q} ` ~ ~.~it ~ "'er} ~ d a~''st~ , ~~t ~ r ~zl ~ r~ f°,~ ~ v yt:A v J4 I i '''yyy 't1~t r' C' {pet' ~ Mf', ~I t i , 1 h (a} Defective work not remedied. (b) Claims filed or reasonable evidence Indicating probably filing a' i of claims. d F..'. (c) Failure of the CONTRACTOR to make payments property toy`; suFxor,traclors or for material or labor, ~Mt { 1 10 (d) Damage to ane:her contractor. ' (e) Reasonable doubt that the work can be completed fcr the unpald balance of the contract amount. 1 4,• ' , ,.r (f) Reasonable Indication that the work will not he completed ,Yes, .r`4 Within the contract time, i~ When the above grounds are removed or the CONTRACTOR provldcs a Su s t; '.rued satisfactory to the OWNER, which will pro!cct the OWNER In tha amount with.!°eld. Ex t+k payment shall be made for amounts withheld bemuse of them. fit„ r"4?} 5.10 FAILURE TO COMPLETE WORK ON TIME. tier'{~,t~'~ „x< F If the Contractor fails to complete the contract In the calcrtdar drys specified, the sr~ wg ~•x, S time charge will be male for each working day thcreartcr. d ~~~'{ti? 4 l4* The time set forth In the proposal for the completion of the work is an esien°I;tl ~rt}a! J 'u r(rt"°j,! vF element of the contract. For each working day under the conditions described Ind` the q+ ..t Y preceding paragraph that any work shall remain uncompleted after the alga } r r cqi ration of the calendar days specified In fie contract, together with any r j .~r t f'' adoltional working days allowed, the amount per day given in the followiag I N" V, sci edu., will be deducted from the money due or to become due the Contractor, not d r as a penalty, but as liquidated damages. " i r For Amount l}r'~ ~y^ r' a Amount of 4,3C: of Contract Liquidaled !;hs s Frort More t ~ To and Uamagct Per ;F Than Including Working Day $ 03000 63 *x , uf+~,.. 25,000 10$ 50,000 13.4 t7 d , 4i 30,000 100,000 100,000 500,000 210 500.000 11000,000 313 11000,000 2,000,000 420 2,000,000 51000,000 630 31000,000 !01000,000 940 lA c \ M 10,000,000 13,000.000 1030 13,000.000 20,000,000 1,260 s 20,000,000 Over 20,000,000 1,300 w 0.11 # a's ^ , 7 . M1r~a'~5 1 , i y ^ 1J.^ ti5}~~ CF ^ I ~ ~ °.~T ~~'OP~!'N-i~ET~Yy'TXP^.Lfb.A^ _ • wY~,~ , . r f 1 ~ ' k y t: r$ 1•. r r{ 1 11 I yi i ^Ir U U. •9(i m. i'. '`'la t l~~'rt „f~~r,y, tr. " ~•i 'r t~ki ! q.ti' v usli ,~iµn~ u~ NR` f~^ t rq.~; r~ ~~~~y / a , t t P rY ' G 1 Jt i I 6. EXTRA WORK AND CLAIMS r a+ fr r Vi °oi' 60.1 CHANGE ORDERS. Without Invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions, or revisions to the work; such changes will be tihi t« tuthorl:ed by Change Order to be prepared by the ENGINEER for execution by the ei P~a~'4 a`" S OWNER and the CONTRACTOR, The Change Order shall act forth the basis for", r~,w1's any change in contract price, a hereinafter act forth rot Extra Rork, and any yp i change In contract time which may result form the change. 17 t In the event the CONTRACTOR shall refuse to execute a Change Order which lot ,m rt. been prepared by the ENGINEER and executed by the OWNER, the ENGINEER may In writing Instruct the CONTRACTOR to proceed with the work as set forth n~y< 5jr the Change Order and the CONTRACTOR may make claim agalnst the OWNEk for p"`}t^ y ¢ Extra Work Involved therein, is hereinafter provided. 4 t 6.02 MINOR CHANGES. The ENGINEER may authorlsc minor changes In the work not inconsistent with the *t r"• overall Intent of the Contract Documents anJ not involving an Increase In Contract +p1 Price. If the CONTRACTOR belleves that any minor change or Alteration authorised by the ENGINEER Involves Extra Work and entities him to an increase , V In the Contract Price, the CONTRACTOR shalt make written request to they;.; ENGINEER for a written Field Order, t l In such cai the CONTRACTOR by copy of his communication to the ENGINEER {jet' a or otherwise In writing shall advise the OWNER of his request to the ENGINEER r~ , c for a written Field Order and that the work Involved may result In an Increase In the Contract Price. 1"k ; Any request by the CONTRACTOR for a change In Contrut Price shall be made ^ ~ ~ I, • pilot to beginning the work covered by the proposed change. I , - 6.03 EXTRA IYORR, r ? r 3~, It Is agreed that the bails of compensation to the CONTRAC70K for work either ° yt { ~I h r added or deleted by a Change Order or for which a claim for Extra Work Is made sr s,1 V shall be determined by one or more of the following methods: i` yes I a. w t 0.12 .r l r~~lys~; xlrP , . ,,t~',fx~9 ✓i z' tr }ly ~ r 2i 4,k'(((ff( , 1r44n' pare.... Sa f` , t. , fair i' t ,fly., i, l yr r I ~ tt l I t ~ 51 V' ~H t , Y~ r [ ~iF' t =./=_1 : , f 1 A I 1 t xl 1 f y 1 Y~L1 { r N M I r ~ 1 5 1',k SPECIAL CONDITIONS l r' The provisions or this section shall govern in the event of any conflict with the i~t' ' kt4' General Conditions of Agreement or the Techrical Spcc'sfications, t • ` The Owner as referred to in these documents shall b (Add ress). e the Developer, (Name), at +rl i,• ~ 2. fiNG1NEER , 1.' rr~ The word'tNGINEER" In these Specirications shall be unde-stood as referring to A' {4 k` ' hIETROPLEX ENGINEERING C'OPPORATION, 1123 Fort Worth Drive, Denton, t Texas 76205, ENGINEER of the OWNER, or such other ENGINEER, Supervisor or nl ~s5 } tip, Inspector as may be authorized by said OWNER to act In any particular position. LA 6, 3. EXAMINATION tlF C!T OF PROt$C b ' } " r ~ T ~~lt~~~y h I re Prospective bidders shall make a careful exomination of existing structure, site or ^ the projects, soil and water conditions to be encountered, improvements to be j protected, disposal sites for surplus materials not designated to be salvaged 1' ` materials, and methods of providing Ingress and egress Io privatt and of r handling traffic during construction of Ike entire proJect, properties 4, OUA .IFI ATfONOF r f . LOWa~r~lr3~ k! t k Berore being awarded a contract the low bidder shall submit srch evidence as the i Af ENGINEER may require to estabilsh his flnanciat responsibility, experience oral r. ^yal y possession of such equipment as may be needed to prosecute the work In an . • expeditious, are and satisfactory manner. ~t tf~' ' ~ 3, ~r~Bly OF TiI~~NTRACr j t ` t ~o }1 l;~a ~,ao .A t i The OWNER, acting through Its authorized representatives, will notify the + t I successful bidder, in wr£ttag, within thirty (30) days after the daft of receiving bidsA of Its acceptanrro of his proposal. The CONTRACTOR shall complete the execution #t of the required Bonds and Contract within ten (10) days of such notice. I , ,yam . SCl ~rj7r4~ 1, Y 1.e ~ ~ 44t . i f] Ytr, 1 S . 1 Y I'~ • t 01}~~. y y, t ra 1, 10 ,Aji / ' 'o?~r1 t y, LLt5 I ",r S e ~ti i .1 r ~~t y t ti d r'erf, qjF}e e'~1~ .~ti tit t& 111 "t, 71, IF' , Ilk' A' r ' ltd r t. t,, 0, .Y 1 e., { C w 1 pI r 1 I • t 3l K Y -1G t k\ hl b 1 Sr War" i. M F a F.'-..~.^~ r + j i t r ' w ~'tJ"•Y'', Y ~r ' n ° j I , ~1` dLlil W V , 1 2 4 W' yr II' i bt It V~ +l~~1 =A..•I 'y'.. 1 az kM S 1 h , 1 ~11rr 4 A4 6. ADDEND ' Bidders desiring further information, nr Interpretation of the Plans and PP~~ ;e Specifications must make request for such information to the ENGINEER, prior to „ 48 hours before the bid opening. Answers to all such requests will be given In writing to all bidden, in Addendum form, and all Addcnda will be bound with, and made a part of, the Contract Documents. No other explanation or interpretation y , will be considered official or binding. Should a bidder find direrepancics gin, or omissions from, the Plans, Specifications, or other Contract Documents, or should he be In doubt a: to their meaning, he should at once notify the ENGINEER in order f, that a written Addendum may be sent to all bidders. Any addr:ria issued prior to + 24 hoar of the opening of bids will be mailed cr delivered tr each CtPNIRACTOi\ contemplating the submission of a proposal on this work. 1}e proposal as submitted +w e, by the CONTRACTOR will be constructed as to Include any rttdenda If such arc t Issued by the FNGINEER prior to 24 hours of the opening of bri+. r r4 a 0 'i { * ^ . 7. UENJIT,S - ND RIGIITS-OF-WAYS wrs V4 E, r , y r]t 'i The OWNER will provide rights-of•way for the purpose of construction wilhout cost to the CONTRAC70R by securing permits in areas of publi: dedication or by ;k°Ix1jx+; obtaining casements across Drl+stelY owned property. It shall be the responsibillly y of the CONTRACTOR, prior to the initiation of construction cn easements through private properly, to Inform the property owner of his Intent to begin construction.G Before beginning construction in areas of public dedication to the CONTRACTOR { shall inform the agency havinp jurisdiction in the area forty-eight (48) hours prior r to Initlatiun of the work. ' A. ~QNSTRLiCT10N IN PUBLIC ROADWAYS AND PRIVATE DR1VE)~1$ r(It` + k.1 No public road shall be entirely closed overnight. It shall be the Itsponsibility of i the CONTRACTOR to build and maintain all-weather by-passes and dclours, if r necessary, and to properly light, barricade and mark all by-passes and detours that might be requ{red on and across the road involved in the work Included in this ai+" contract I+t' The CONTRACTOR s'rall muke every effort to complete construction and allow "I immediate scows to adjacent property at all driveway entrances located along the roads. Owner,- or tenants of improvements where access and/or entrance drives are located shall be notified it least e'ght (8) hours prior to the time the construction will be started at their drive-Ins or entrances and Informed as to the length of time kr a ' 1 driveways will be closed, which period shall not exceed six (6) hours. t` i s SC1 n+ , t 1 1~, , ,w v a r~ t'r t ~4~r Pr yy,21 ~a ':7 l ••~A'AS#' ~'+~w^1A~TTX~I~MNIq~~'}.f~. .l~'~"'^"~' • ~ , r s 1 r .Ire t. .i. 1 r r ;~r'! .ev fir. S i , ,r 1 , W Rr. r H a + O:i T 1 4~ kU..lyr1 ! j r 1 ► ' 1 i ' 1 .r , ' qr ~ a t\➢ y}.. .dl `4 I ►'4 .}kw.t r ~ 1Y'' yJ„ ~t~ r^ -d:~~ 1 riy ~ , Y r ~S A ✓ d.Y. 4 i t i t F y 1 r i , t 14 f Y } Y 1 . The CONTRACTOR r.hall be responsible for all road and entrance reconsiruttlon, 4 a nd repairs and maintenance of same, for a period of one year from the date of k r' t ` such construction. In tie event the repairs and maintenance are not made f' Imnedlately to the satisfaction of the ENGINEER, and It becomes necessary for the +~r~t Fy OWNER to make such repairs, the CONTRACTOR shall reimburse the OWNER for { f the cost of such repairs. t'tirY t 1, Qt✓. The CONTRACTOR shall, aI all times, keep a sufficient %ldth of the roadway clear ) v M AL of dirt and other material to allow the free flow of traffic, The CONTRACTOR shall assume any and all mMnslbillty for damage, personal or othereIia 'a y;S be caused by the construction along roadways or private d6vewsys. ' ~ 9. RFJ~gFJ~CE Sp IFI(~~7~~~~~ ' • " t' yy~ v s cnr~ ~ i41 ;~YSt Where reference Is made in these specifications to specifications compiled by other e agencies, organizations or department., such reference is made for ex edit,ncy and ri+t r s ,`y t,,M 7 "t 'r standardization from the material S:•o lfers' of vl p s referred to ore hereby made a part o' here speerrflcafionsew' and such specifications' F c,1 b 1 10. I&ADIAMM-ANDWAIERJAU b' No material which has been used by the :'ONTFACTOIt for any Itmporary purpose f S whatever IS to be lac„billed In the permanent structure without av FS+~";'.~' w ! I of the ENGINEER, ripen consent Where materials or aqulpment fire SpcdNed b a trade Vii' Intention of the O'iNER to discriminate gainst on tbuald produc name, It is not the; ' manufacturer, but rather to set a def)nlte standard of quality or perf t.mi.p~t, and d{' to establish an equal basis for the evaluation of bids. Where the words 'equivalent-, x' r} "ptVtr", or "equal to" are used, the a y shalt be understood to mean that the thing ? { v re,ct-'ed to $%all be proper, the equivalent or, or equal to Some other lbing In the •..,t~l"e tl lar~S ~i, rplnion or Judgment of the ENGINEER, Unless otherwise specified, ail materials i , + 1l;e•s+, rtl hall be the bat of their rapecllve kinds and shall bt In all cases fully equal to ter yrr Al ~ pprnved Samples. Notwlth$taedtng that the words "or equal to, or other such expressions may not be used in the specifications In connection wllh a material kv y' r, f' a rl c manufactured articic or process, the material, article or process designated shall be used, unless a substitute shall be approved In writing g lby ally f W'. tlj ENGINEER, and the ENGINEER shall have the right to requirethe tile of such ~rl~ , specific" t~, , o y Y designated material article or process, SCj ~t ' t t °7t1~Cdr a ~ rte.,, { • r I , 4 fl ~ y( y`tif P f ' t,~e1;.1 t lea ! 1 ;NP""7 y 1 it t 1 71 1~ '01r i~ y~% rr i t l ~ l°Y r is T ~`f• 4l_~,.r • i a , ~ SVn ' r kY 1 '~,r , ~A A.. 1rp-f 1 d r y. r r t t ~ + v + l t t' r v f W ~`'•+1'r 5. l' ~,y~r{Itv; 1 P. ~t ~~~~~S~~r a, , d 1, , t~k r r ' a~~3 ar' r a+, ..I.J P ~~{'i, ~.~{t; k'~~i ~ r,, s r a q1{ t r .~•S. 1. r'' 1. B~MSi ` 1'' i~t~.' .~~~~.n ♦ , lip ~ 1 tr.`~ ~ 'rA~ w r Y,M,'g P r-1c,'a , r. f r y d "3 n i 7 r 4, r r F jA' wi 1 f r ' 1 4 4R0 M**~ ■ r I ~ I ~M ~ ' r ~ 11, PROTECT MAINTENA~N ~ h~., The CONTRACTOR shall maintain and keep in good repair the Irnprovemtnls covered by these plans and specifications during the life of his contract. The location of gas mains, water mains, conduits, severs, etc. Is unknown and the 4 I, OWNER assumeu no responsibility for failure to show any or all of these structures sst~jk'i r f on the drawings or to show them in their exact locations. It Is mutually agreed that such failure will not be considered sufficienl basis for claims for additional I rr i e`le, compensation for extra work or for Increasing the pa y quantities in any manner a whatsoever, unless the obstruction encountered is such as to necessitate changes in `I U, the lines, grades, or r'> ulre the building of special work provisions for which are not made In the drawings and proposal, In which case the provisions in these specifications for extra work shall apply, "era. k 13. USE OF EXIT nclV S a r s1 5 JJ In discussions with the city of Denton staff, it Is anticipated that explosives may be ;ky~i 'Y :a used to facilitate excavation of the sanitary sewer trenches north of Sta. 29+00• Use 1}>,` < n `s of explosives is an option the Contractor may choose. If the Contractor chooses to t use explosives to facilitate construction, he w111 be responsible r•rc otttinin per i g pe mils P from the Denton City Council. Generally he would have to show his c%perience in this area of work and prove to the Council's satisfaction that he ha.:.urficient a'dz' ti Insurance to cover potential damage. The Contractor would be responsible for all r , costs asseciated with securing the permits and use of the explosives. 'rhe Owners will only be responsible for payment for installed pipe in accordance with the r^ I Contract. ~ ~ 11. @.A$gL~DEC LIG][T5 ~ 19-- A~~A1Frf`1 ~ ; i 4X, Where the work Is carried on in or adjacent to any street, alley or public pace, the +t i t CONTRACTOR shall al his own cost and expense furnish and erect such barricades, fences, lights and danger s;gnais, shall provide such other precautionary measures ,E 5 for the protection of persons or property and of the work as are ncccssar , y Barricades shill] be painted In a color that will be visible at nlght. From sunset to sunrise the CONTRACTOR shall furnish and maintain at least one light al each r, . barricade and sufficient number of barricades shall be erecled to keep vehicles +=sh w~ from being driven on or Into any work under construction. The CONTRACTOR shall furnish watchmen In Sufi lcient number to protect the work, SCI rAS I ] ~a r i .rrv j 2 I t ~ , 1s I ppAJ Ft~ 1 I ~ L r +srt, ' i T M1~ y } t + r~ 1 ~ { l ~4t I ''l7lMdfl'.U.ti.IV~y`i h.+ti+iri.-,AaV`y,q'a:'l~w~'PA•'i'a,e n: w>.:.., _ h ,~tTer ! ' , % j] ! JS I~ Jr.r ♦aL4 ,t ,a,~ z l w J t . ,r 'pl~'F't"4.-..'~.a.tii_.s..~...-~.,r~Alb•~>w`wihU.''. [1.~~7T:'YS t r~ .r'4.x 1 ~ '.`~t7~'.~TRi ~!y Y 1i,v ,a Y .l J %r W K~ ~ f r alit, The CONTRACTOR will be held responsible rot all damage to the work due to failure or barricade, signs, Ilghre, and watchmen to r!, protect 11 and whenever evidence Is found of such damage, the ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. The CONTRACTOR'S responsibility for the mcintenance or barricades, signs and lights, and for providing watchmen shall not ceese until the project shall have been accepted by the OWNER. The CONTRACTOR shall use only battery powered lights, enclosed lantcr:i or other T4 4 lights satisfactory to the ENGINEER. Smudl,e pots or other lights •.vhich have in open flame will not be permitted. 1S. FENCES AND DRAINAr'R rt~jNELS ~~t! , Fences or other improvements removed to rermit the prosecution of the work shall f. be disposed of orf•s£te or as directed by the ENGINEER. a t, ' ;,l Where surface dtainoge channels are disturbed or blocked during construction, they shall be restored to their original condition or grade and cross section after the l Yo work or construction is completed. ~f? , r 16, DISPOSAL OF WAS7 . A i'+ r ND CItRI' 1C frrA VArtn N y I ' e r s+s~ All trees, stumps, slashings, brush or other debris removed from the Prnjecl site or r , C i right-of-way as a preliminary to the construction work or its appurtenances Will be removed frorn the rroperty and d13pu3cd of In a manner approved by the + ENGINEER.K 17, }yam FOR CONSTRttrrrnu11 ( Water used rot testing, sterilizing and flushing of pipe lines, and the tanks or an r 3 other purpose Incidental to this project, will be furnished by the CONTRACTOR.. fhe CONTRACTOR shall make the necessary arrangements for securing and/or t~ ' transporting s such water and shall take such water in a manner and at such times IFS: ' that will not produce a harmful drain or decrease of pressure In the Cit 's water " ~ , system. The CONTRACTOR 0.1.1 be fully responsible for the draining and disposal . ''ti' i iwt' of all water used in sterilizing and testing, The CONTRACTOR shall obtain i approval of the OWNER and ENGINEER of the manner in which the water will be r, drained and disposed or, i SCS V4•~t r~J~'y~ ~Sa~gi~i~Ji445C~1~iY'.~.+4~~ti:~+ttW.tsraa+M M ' ~ r' ~I W 1 ~ ffff liblim 0 # fAI ~krf tJ 2 ~'Tr. .r I t r, { lg. WAGE RATES tV ' All employees of the CONTRACTOR on the work to be pulormed under this contract shalt be paid the prevailing wage scale In this locality for work of a similar 7 d' character. + 19. GUARANTY AGAINST DEFECTIVE WORKf The CONTRAC70R SHALL INDEMNIFY THE CITY OF DENTON against any I\h, N4 5 repair which may become necessary to any part of the work performed under the Ati r conl•ael, arising from defective workmanshlp or materials used therein, for a period t of one (1) year from the' dale of final a.ceptance of the work. t 20, CQQRDINATION WITH OTHERS r}tv In the event other contractors are doing work in the ame n; ca simultaneously with this project the CONTRACTOR shall coordinate hit proposed construction with that "5 j of the other contractors. I t 21. CLEANUP ^'r" t At the conclusion of the work, all tools, temporary structures and materials belonging to the CONTRACTOR shall be promptly removed and all dirt, rubbish and other forelaa substances shall be disposed of, a~ytia1 4 22. CONTRA .TOR' AND SUBCONTRACTOR' INS IRAN F + I A CONTRACTOR shall not commence work under this contract until he has obtained the Insurance required under this section and as specified in the Oeneral Conditions of Agreement and such insurance has been approved by the OWNER, nor shall the `,ta CONTRACTOR permit any subcontractor to commence work on his subcontract r / until similar Insurances required of the subcontractor has been obtained and approved. ~ Ft : A ~ ~;e I t I r t + N J' 9.~ ti r I ~y t J''1 1'i SCd , \ " \ , t y 1 ~ ky S fVi ~ l,1 J♦ t ,la/+- +q.ryp~.lt•('~yy'MNZNFk~6'F N/'1tNrMY+I1.,'""'"Y...,- t 54 t, i ~A6b 4 per Ltf, ie li ^ r . ' It krr t jRe~l[YT~ j'yr 'y '1 .1Q1 A 1 ~ 1 , 15 I ~ t ~'y , ~ Y + i , -1+r d{ t 7" I {N ~r~'~1 ^ wy.Yt `y~l~ ~M}~, .(1y: i ,.a Fr y'1+ti.~ ,CWva'~.N~ l un( ,i 11 3+ + xt ~ t} y v ' r r e': y{ 4~+ o ^ a ly,~w" + p ~ yr ~ i ht.~"., a r` ° 1 a, Pu61ic Liability and Pron ^y„~e Insurance ?ri + 3 t V? t ' The CONTRACTOR shill inke out and maintain during the life or this contnet such Public Liability insurance of the comprehensive form it Including contractual coverage, and Property Damage Insurance as shall {Y ' Protect him and any subcontractor performing work covered by this contract, from claims for damages for personal Injury, Including accidents[ death, as as i% 1 well as from claims for any property damage which may arise from 'a~` k j operations under this contract, whether such operations be by himself or by rF~ r dti w, a. any subcontractor, or by anyone directly or Indirectly employed by either of them or under the control of either or them and the amounts of such htl,' 4 Fkg7 t„ Insurance shall be as follows: Public Liability Insurance In an amount not 7fr' `r"tier k` + less than $300,000 for Injuries including accidental death to any one person rryy and subject to the some limit for each person, In an amount not less than s rs S30Q,000 on account or one accident, and Property Damage insurance In an amount not less than $100,000 for each accident and an aggregate limit of not „S e less than $100,000, t c TYPE OF COVERAGE ' LIMITS OF LIABILITY v , t tµ r . FI 1, WORKMEN'S COMPENSATION Statut'ry ' K n«" r ,CIA. I1• COMPREHENSIVE GENERAL LIABILITY 1~~i.~ +I~fl' i ~t.. Bodily Injury 3 000000 f a Each occure~glircgalc r *?r " ~,"°91F Property Damage Stb~000~ ~FnD 51i ,yI Y Each accident III. COMPREHENSIVE AUTOMOBILE LIABILi Y y Bodily Injury t~ 0,000 i~ t + 5308,{00• ~5•+~ ~'1;Q6 Esch person Each accident n ,~r• r v: ~,°af~~ ~ Y, %i•' 1 X • Properly Damage $I+000,000 rYv py"' Each accident y. iJ f y. y[ rk (~C t a I~1'A"T l A I LLL hhr 1 ~ tYFxxi1 F w~ a r r~•sy:. ~ 1 r n Iy.i i ~mli 4 1 ~ 4r xx dace ~ ,r ~ r ' a h t: t ty~r9t .A` i C Y1 3 , r,,{.ti,t e 1 p 4 6 w3K~;' Y r q"IB '"V" L, 1! l 7,,: Lp F {'~•L 1 f°~ a 1 ~ ~ Se J f 3 ~ ~ ~t Y M II,, y Ri r I r` i 1 l5 1 ~ ~.t~M ~ttD+ * f~~~ r t ' b, Automobile Liability end Property Damarte__ Insuran f, 9 . s . K~ . The CONTRACTOR shall take out and maintain for the life of this contract 1t';~rr A ' A}fF'- Iw the following automobile Liability and Property Damage Itsurance on all self-propelled vehicles used in connection with the contract, whether owned, non owned, or hired: 4b ur k1 Public Liability limits of not less than S 00 for one person and n o for each accident; property damage limit of SW for each accident, w N + a rta'' t c. Proof of Carriage of Insurance'' y'{ y tv CONTRACTOR shall furnish the OWNER with satisfactory proof of l! coverage of all insurance required. Copies of policies of oil insurance' coverages shall be furnished to the OWNER at OWNER'S request, A} y 23. TJRbt1N0LOOY f Throughout these epeciflcations the word "shall' denotes mandatory. The word y v f, "may" implies only permission. All other "terms" or 'word phrases" shall be { Interpreted as having the meaning customarily ascribed to them by the several k aY' building trades of the United Steles. 24. INSPECTIONS ' All work shall be subject to approval by the City Engineer, The City Engineer has ' the authority to inspect and perform any tests he deems necessary. +n'y4a, . o, i The CONTRACTOR shall notify the City 1••ngineer 24 hour! prior to be;inning construction. The CONTRACTOR shall notify the City Engineer 72 hours prior to any construction on weekends or holidays. ,7, a ab ~ dF,2wY~j . G, d 6 e~ ~~M7y1, / rl'1~ v /V ' fir, , •,.~,~~v f er" 1~" It A: Y ' nny~ 4 M' ;~is• 41 A ~V'~. j: rte. ~a. 5y Y 9r YM~Y ~ ry ! 't•6 lit, k 25.E ''rrJt CTOR on the basis of approved monthly payment will be made to the CONTRA r v iT"a t estimates of work completed during the preceding month as set forth in the gene al conditions. The CONTRACTOR will submit to the OWNER'S Engineer his estimate, r; ' r s of the total value of the work done by him to date, less 10% retained and less all +6q previous payments received by him. The OWNER'S Engineer may either approve o-l a the CONTRACTOR'S estimate, or prepare a statement of the lout value of the work done by the CONTRACTOR, less 10% retained, and less all previous payments and 1p such sums that may be retained by the OWNER under the terms of this agreement. It , w i The The estimate as approved or the statement prepared by the OWNER'S Engineer will I IT be tent to the OWNER for payment. The CONTRACTOR will be expected to accuse t a release of liens upon receipt of payment, ,~~s ~ , s r FarA CE ANp_F1~4.CAYh~ r ; +'K 'y+t,a 26. rte; ANUP FOR FINAL C a The CONTRACTOR shall make s final ciestiop of all parts of the work before f: icceplance by the OWNER or his representation. This cleanup shall include removal V of all objectionable rocks, Pieces of tisphalt or concrete and other construction ~v materials, and in general preparing the site of the work in an orderly manner of l appearance. Upon satisfactory completion of the work, the City Engineer will Issue ,ro t1,3r A a CERTIFICATE Of ACCFPTANCE for the improvements covered by this ^t r~, agreement. the OWNER'S Engineer shall verify and approve or request revisions :k, rsp a~ before certifying same to OWNER Is provided in Section 5.06 of the General Yu ~a Conditions. r , 4 y ~f 1 41 T ~ ~r a I ~J r ~,j 1P ppK j (y I r b~05 s'„ Y, i rs 1. r 1 t~~tta. n 1 t: SC➢ ~wN ~ a-~r 1 ~rt d is 1 l~l ! I S r rl" +r 1. y r, r 'y3 a; o~ 1 L . 'J J 4"'l h it N r t~{ ! a TECHNICAL SPECIFICATIONS 1 , k i 1q 1. ti.~ TS-1 gE-ONCE TO o ~ TAN ARD P sr ° ~ + I In the following apecificatlonaI ref Specifications, erences are made to the + which shall mean the current " "Standard • Water, sewer, and Streit Construction in she City Speelf(cations for sr y of Denton Texas", x r;` s prepared s the City Engineering bepartment and any subsequent .t , which s emu or revisions, fn addition, the 'T H .,D, Specifications" + « which shall mean the Standard Spec (fF; atlons also apply, la +4 for Construction of Highway,, Streets, and Bridges of the Texas State Deparlment of Highways and Public Tranaportatlon, dated September 1 1982. t end any subsequent amendments. TS•2 Pert A i J A. ~-7 ~ ~ Sf t! prp28A4I>?p x a`~' i o, D 5 f rr ISM Mali J ~ 11 ! r Site preperatlon shall construction operations by the ircmavpal anddisposallof ail ~p4" P., obstructions, trees s slumps, brush, roots, vegetation, logs, F : rubbish, and other objectionable molter from the site end i designated easements. k s r Ilrr Such obstruction shall be considered to include remains ;,°r a j qa , structures not completely removed by others: foundations Ivor xb,>' t gym" R' slob, concrete brick lumber, plaster, cisterns water wells a Y septic tanks, and abandoned utility , •R; e desfgn;ted for reservation pipes or conduits, not J removal of beep shrubs, and other landscapelfal also ludo the curb and gutter, driveways and N~i designated for preservation otij"x i whether above , along with all rubbishga areas not p a,4t y;4t' or below ground. Vehlatton bait1 a stripped ~N rl s, i t n from proposed fill areas and exposed soil surfaces $hall be i k~ Y r ?e r ecerifled to a dtplh of st least six (6) Itches. r • ra It Is the Intent of this item to provide for the removal and ' disposal of all obstructions and objectionable materials and epecificailn ,ms's+e epeciflcstloa,provlded for ell where by the plans and >'~f ~b~~lp 7b K 4 iaT J p~ lIi1R{~ j 5'~ r f yy 11 1 y 1' i Nr~ N Ir 1 I l R i.. 10 14 .M I I y p1' 1 r o r h' 5 +Wn' ANY e k ~d 'r✓ {'1 wa.~', ryy,~y,F~Y 1 t ~ '4 r~ y ~k; ~~YIS ~~I~~`j.~~~~; ti~i. P 5 y ~ ~~k 3 s? r a is 5 r. • tit ~ r~ A ~ 'gar A`t#~~ St ti ' Site preparstlon shall be considered incidental to the chanacl ,Y ar{'t y eatavat)on: f ' ~+4 K ' ' B. Uncia""ifi .~hannet n ~ •a r+~ 1 t 6 1, ' Unclassified channel excavation shall conform to item 3.5 of h., 94 the Standard Specifications item 120 'Channel Excavation.'~r, r t~ykj ~sl + Excavation shall be 10 within { r T 0.1 foot of the design w l T icy channel subgrade as shown on the plus, (2) Meas- uremg.^t anti- Fa____ rmc~r ;,4.~~4'~,` r tr ,'~r' ' Quantity cratculallons have been made by the engineer from then z efi l Pographlc Information he has obtained on the site compared w { ± t t,' rk toaretheeacou proposnged ed I'lntoal grevierades shown on the Plans. The bidden at the Enginter's tabulation of they +4t r ; quantitles. Bidden' objections to the method of calculation or X 41 accuracy of the calculations should be made to the Engineer y' prior to bid opening, Final grades will be reviewed and once' M} approved, payment In accordance with the quantitics + ~a ~E v` calculated from the plans will be made based on the Contract a Y Is r51 f per cubic yard price, C. ~1.1?C1JkDiilll ~r,ft~ , 1 T ~ 'ti Descry ~~'•~~t ~r Embankment shalt conform to the Standard Specifications and 1 ads nl~~, the THD Specification Item 132 "Emb nkment, the 1% IA embankment shall be placed to within 0'1 foot or design r grade and shall be monitored using the density control method. Soils shall be compacted to the talent necessary to provide a i minimum of 95% of the density as determined In accordance tt 11 ~1 t with the Tell Method TEX-114•E• Placement of material which > has been paid for as excavation and placed on site shall not be paid for ai embankment, r X ~ n P ~s` R7t rs~ ff", 'YAk,40 rG i 1~~ 1 ~ r 1 1 1 1 4" 1 . 1 r k'„ t ii 1 _ r '6 6 + f, q r'9r i ` J t r N, 7 1 f r' 1 a I A5 r 7 r p . s~, ti„ r I tr " \ , 1 . . I v a ~~7 ~P~ s a 'rd ~~~Rfbpk .r }}i,,rr;~ +vF.~ay .ar ..,fit 4 4 ~ r M a,.p t` k ~~ry ~a } Fla, 1 t Aa' a. 1 1 t'!~r p •1. 1 N ky~, t f ' • TS-3 Part 8 SANITARY SEWER FACILITIES *~l + A. Material and Construction Requirements Sanitary sewer facilities work shall conform to the requirements of ~'ky the Standard Specifications except as otherwise noted in these r.. documents. xyi B. Method of Payment ,-t Ire s (1) Sewer Piped 4 , a Sewer pipe in place shall be paid for at the Contract unit price ~~t~ ` ~ ' 7ir t'• 't per foot for each type, shrL igth classification, diameter and depth zone. All measurements will be made along the center a} ur ~F "~s r line of the pipe and from center of manhole to center of manhole, or center to center of appurtenance structures. Depth ui zone classification :hail be based on total depth or trench from yy 't , : r, , ~I { t~l surface of the ground to Invert of the sewer, $yt ''tttt > I l a l ' ~ i (2) Standard Manholes «s~ • ^ JZ~ 1 Standard manholes shall be paid fo\ to a depth of six (6) feet ;N a . v rY~it` u " at the Contract price per manhole for each type, which shall bl el 1 include barrel, base, wateritops for pipe and cover, Manholes r ' shall be measured from invert of sewer to top of cover, a~ au y~1 1 v +ztia (3) Exits broth of Manholes Manholes to be constructed to a depth greater than six (6) feet t ~t!t "t ;',+?m shall be paid for at the Contract unit price per linear foot for each fool of depth or friction that is greater than six feet. t A4, (4) Patch Exhling Pavement Patch existing pavement shall be constructed in accordance kr' '"t with the detalls In the plans and applicable City of Denton t't1" ' r y Specifications. Patches will be measured horizontally along the ' i , + tr {i ,r center line of the sanitary sewer pipe and paid for at the a I r Contract unit price per linear foot. Special backfill requirements shall be considered Incidental to construction, k\ I, ~t~ ~ M I 1 1T\" 1. rs3 yI ~ 1 1,14 , s; I rig, rl• 1~, ~J I;, lA,~ i y n 1 AI. "idyl a fh 04 ,r Y Q J1 U I ~j A 1.`.. K Y S 1 1 kF>,I 4 ~i yr` Z R h Y ,y ,Y~ ' I i` t pr`o-~_,... _.,..+wr~ a+PYA't4AMQrs1~""'" I ly "e 7 y c 01- rf I~'r`A"tl' {op li v yI' ` 1 7 71 r" , y s'~I pia 4 1~ ' , { "ter ~'I I j { i l at'; ~ d k t t a{ T , 4 t~ u~~f,:t~'t I~~;'M+~ J~p~~?hY t,~{ J1 b~''• n ~~tj. a~ S~V ~ z~ y + , t~: `Lit 5 t d+ ~1~"l n 'n A ~p 'L i w +dt v M Y ~ k r pt''. 4 3AL F liEs fys ~r I q (S) Adysl Manhole to Qtade r t ~w n 1{~ Adjusting manhole frames and ring castings shall be paid for lrr }r 1, xrlr ti~ i at the Contract unit price, per each for all manholes in yL k ,4 ^ proposed paved areas. No pay Item will be charged for +1} • +.ti manhole covers which He in existing paved areas or areas s{, u where new road construction does not necessitate adjustment. hri, v ° S 'i~, r (6) ConcreIC ll 7 f 1, l r Encasement Concrete encasement shall be paid for as the Contract unit price per linear fool of sanitary sewer encased at all locations as shown on the plans. ~L 9 I { I r q!ti ya, ]lgre Under U.S.Iilahav 7•1 3 I d s~y°f a Bore under US. Highway 77 Includes the cost differential in ,I fewer pipe, the casing pipe, and the cost differential between r ~r~ ry, boring the road and typical trenching and backfill construction. Quantities for the carrier pipe are Included in 9 `w I i the ttuantitles of fewer pipe and will be paid In accordance'" 1 with _W bid Item. te'a't Ttde lnstellalion shalt be measured horizontally along the ~~MS center line of the pipe from the beginning to the end of the lo- rt: r P casing, Payment will be at the Contract unit price per linear ti'4n { r' ip•tat;r foot complete in place.' "1," 'br j ? The base bid Is for an II-Inch fewer main with a 30-inch easing and bore. The alternate bid is for 12•inch ewer meta k `~+tN`' , with a 16-Inch casing and bore, (9) Bore Under U1e Highway 390 ky;3ti ~y Bore under U.S. Highway 360 includes the cost differential In tt' iy Is sewer pipe, the casing pipe, and the cost differential between boring the road and typical trenching and backfilt shl`~~~ construction. Quantities for the curler pipe are Included it} the quantities of sewer pipe and will be paid In accordance y`~ t with that bid item, M 4 r„A i t ~ d `~AVk °,~~yy~1 lTk ~f •~~ry 1 d~{,~ 4,04g ti. t~ + I t,_ ,y~PPPy~S (~~y,l~ 4 w~ N~Y'In s+ i 6'l fit v , i 'y r D S t~K31 rr.d ! n v 1 13~ to t tl~r i F '+r 1'~y~7ft*~J~GIMJI~`^"^ ~"'~"~M' 1 I I ! f ~k%'y 1, {Ii! 1pi I I ~ I{ ] ~nr p, I ~ 1AJyy ~ I r 4~1r.en~,A'~4~lf ~~i^u il)s , yF ,n I ` pn• ~ ~ t_'~`~{,; sA' n y t f f d 4,' i S I , ti t rte.. i , + I 1 14 q , 1 M..~ ' j YI+ '1 \f ill. 1 an q , I y t e d 5 " : t L.'a t'1S I,Ife~,.u« ~a,~ i r arr4~4 w.1 iv`, ° ~wi+hl ) '~1' 9Y«4` L n r 9\l ~~h !L 1Y,J i 1 A 1 p p", Sfq J,,r ~t~ o The installation shall be measused horizontally along the s l center line of the pipe from the begi,lning to the end of the cuing. Payment will be at the Contract unit price per linear1 v foot complete in place. +I xk The base bid Is for an 24-Inch sewer main with o 30-inch casing and bore. The alternate bid is for a 12-inch sewer main is t f, with a ]&-Inch casing and bare. °i a -'~iP 1*' n r4> 4 s, : T54 Part C WATER FACILITIES t a w~ " 1.1'1 Method of Payment Water pipe Shall be paid for on the basis of the Contract unit price a ,4++sr''~' IY a per foot for each type, strength classification, end diameter. All 1 " 'I measurements shall be made horizcntatly from center to center of r„ `lrti fittings, valve,i and fittings, valves, and hydrants. Ur-It price shall Include excavation, dewatering, bracing, pipe eomplOcly installed, and backfilling. Sj I Ir (i) F >~ifa Y.. ry ~u. IM ~y Is" r Cost Iron fittings shall be paid far at the Contract unit price u~I r for the type and Size of fittings Installed., ~x .tw 1 10 11 dl it 3t4:r (2) Yalvea a'9~{~!ss ras,, x" r Valv,,t shall be paid for on the basis of the Contract unit price per valve for each type and size. This shalt include J, furnishings and Installing valve, box, and cover. 4 i S. ~ M t v~`, . y (3) Plre Hvdranlr "A , ;N 3 a ~1 q `it\•1 Hidrents shall be paid for on the basis of the Contract unit`j rt, , • ' price, installed complete in place. v° % , Sa 7 al ~ ~rYi hl r.t!~ 1 ylY.:.i TS5 ~AY1 i' , 4~a ` 1 f fir a Yr~ 1 I i C I.~ 1 t ~ ~1 ,y 11 tt*. 1 t , 1~ yylll{`Il,l r 1 ~ t, . l lxrl IV' ry 'yr r ~ "l° yv ~ s - a • , , ` y" 1 A 5k, ..t S r t" mom, S t 1. l : 'p l LIM" I t , F r e +rl 1 (4) Connect to Fxktina entem 11. r Connections to the extsltng system shall be ,7. paid for on Ike basis on the unit price bid. Contractor shall pay all tapping F i6 ,t s fees, coordinate all operations with the City of Denton uncover mains, turn off valves, remove plugs, connec, new pipe 1 „ t and valves, dew.ter, disinfect and return all mains to service s,`;'t as needed to connect the proposed watermain Improvements to ` the existing system as shown on the plena, d'. s N) r ' (3) Adiwt Vaiva to Glade Ad)usting valve boxes and corers shall be paid >p , . ' Contract unit price, per each for all valves In proposed paved areas. No pay Item will be charges for valves which lie In i b > , e existing paved tees or arch where new road construction does y}~ l I ` t not necessitate ad}uste;ent, a r " TS-5 Part D 128NbLAf&F.A' _U 11M S ~~7Y ~~.h• ~ / M A Material and ConUru~tlon Re ' A. LU Dralnoge, facilities work shall conform to the requirements of other 4" <t " g Standard Specifications except as otherwise noted In these documents, ' r5 B• Method o~ f payment ,1d`ti (1) Concrete hannel letna 1,~'`, °ji}'= Concrete channel lining shall be constructed as shown on the e 1. ; 1 ! plans and meet all of the requirements of the standard ?'1t. 1 specifications for concrete rip rap. Special headwalls, tocwalls, Q:"`~ wIngwalis, transitions as shown on the picas shall be incidental to the channel construction" Concrete channels will be parallel` M r with the exposed surface of the concrete and be paid for it the Contract tall price per square foot installed complete in place, rt r i * l'rbE 17L t.. f n ~6~ TS6~~ ' 1 y, ~ 'I r a ' ,l o ly Y r. •41~F l i~,, tit ~ , t^ r. FW; 76 ~r .I 1 Al 77 14 sal t It ljY,t [ x ! g9 ~cay., _ , t o t ''r~ y+~ v ~~~r1 ~a~ y N ll`>~ .(,i4 ~~drt+ +.f ~3r+AM1l ~~x;~~~~W. "~~a`~~1+?• r~ ; im, C7 sr. . rt ' F 1, I 1FF S +tF~ nil , n fS'tii' V'~ `~1~•\: I ..i a-•M . r ■ t l u f + L+ ~ d ` n The Contractor will be responsible for erosion control in v' accordance with the rtahdard specifications during the ; construction process and will be responsible for establishing c d y vegetation in the areas shown on the plans, Erosion control and seeding or hydrornulching operations will be considered Incidental to construction. z ` ~ ly r i, ~ 1~t N. ~b tl ~ ~ 1 ~1 „I" 1! , r . '~'ik3I~N ~~1\r i t ,!r~ + nl + i o~~ `yl 2~~ + SkJ tTY ~ 'r ' ~ +tl l M1 • , d .1 " ~r 1 j F lI r F I r x~. rIL ' Y ~ btrt6 ~ r~ ' i~1 3~ l w r , Gap rS7 `yy r °I tt~ti ','•,P ~1AL, z, lSjJxA I ~ ~ 1 Kt, 9P ~rvn ~.y~ r 1 ' I ~ rSq " r iry.^, y' r ~9 - . i S a t • . tZ P , Y if y , ! t ti"~, ~~'7~ .,~y~ ~ `i° ' .;r+ yl~ G , 1: yrt "^~gt'~3~rr~ ~ ,~t , y, ~ i S~ 'f ~QY +~u' ~ axrA, 'd ~ , ~'L~ it ~ t X ~ ~ fy - i`t )v ~~a •~ryr'• ,h ,i ,'yk' ~ti r - r ~ y,,' ; 1TY of DENTON, TAIXAS MUNICIPAL BUILDING / 03E• MekINNFYST, / DENTON, TEXAS ?6201 ti~yy~r x y ~'4 GY 7~a1 ,xi i v, IVL F MEMORANDUM , DATE: January 6, 1986 , a p n r ~ ' T0: DEVELOPERS },z r, FROM: David Ayers, Engineering Technician II SUBJECT: Three-Way Contract Instructions A,~t t r' Enclosed are the development contracts bonds, or the escrow tr,,~', rY agreement if used for all subdivisions to obtain building A, eraits, in the City of Creriton if any public improvements are p kw a i 7 L xinvolved. The attached ordinance describes how the process 0y JJ,JJ't t works. 1 C i'•'r Each item used as referenced below. All bonds shall include the k~T4~~##~~'„;4 power of attorney necessary. y 1. Three-way contract d pages that the City, contractor fp~" s` ~5 r and 'developer all sign. Developer may assume title of general contractor if he can be bonded Eor all bonds., 2. Perf irnance Bond - 2 pages to be completed by developer « rdr";, or contractor. 100t of value - up blic Improvements' aY i ~S . Payment 1. pages and 3 pag,,a. To be completed by same s? party as number 2, 1001 of value public improvements. M, w, YtF; If the total value of the public improvements is less W,t ~ Y than $S0,000, the enclosed escrow agreement may be i, substituttd for the performance and payment bonds (1001 0 the value of the public mprOYements . d. Maintenance bond (2 pages) to be completed by the ,z contractor (101 of the. value of public improvements). t`•T`t Up to two contractors (utility and pavingg) may bond that"-' k~ itni, §~1 1 improvements. Further divisions will not be processed. 1 V '}}f No variations will be allowed from this method. Please use and read all items necessary. If you nave questions after carefully examining all materials please call me at Sf'T= i36 10369E 61716688200 DIFWMETRO 4342520 7 ' ~~'~'a LYti~ r`~' % 4. . , r x la ~~D~ 1. • 1 r 1 , w 1N „`r. sA eY,4 ♦~'~r 7I " S 1 d' s' t " ';q n x ll ly w, y , F ~,t4. t t ( ~yF ' S' e' 6 7 1 8~ yr a Lear l~r`r.. r' try 21V s r}~~~r ~l. © ate ~ • w v ~N 27IL 1 . ~ A • , .t if yly~R,~ r 1 \ 1 i a r NO, AN ORDINANCE AMMUtNa M Up Atf CNDIR A 1,071A1 't''' TENAS CUNSTAUCSION :12Olt IN NNO THE CODE W UROtNANOf HA I OA ARTICLE itt w II to. NEU0IAEMCN7 THE Crtr O/ L4 UEV AACTICL6 LOPMfNTSS TO Of SE CRAMETYTLR STIOk DEN20N, t pAQVt Di NO IGR MANIMUM AMOUNT jr BLOINhSNQ ` F' ►OR AN E►FLL''rlVa' DATE. A 10,00 IGR VIOLATIONS TNtAEO/r pAxuL 'r IiIi THX S t T,VO 4 t ' THE COUNCIL Or 7h2 CITY n C► DLNtON HtRa Y VADAINS, St T U tvr i 1 ' yiF,r~ 4 ~ lr . ' tt'JI ' • ?hit Arti6le ].071A1 of Chapter ! of Article f1f of re• °t the Code of Orolnance/ lI amended to R ' A read as follorsr PY+nntN A ~ +xlFs, IA} fi ui men a to be t de5'eI0 men P 0: tonaL[uee air ~Nmpro e"m1e/or, t a to M the aa'tsna, No sF°I °J t building/ or land to Which thi an/ of s Code a d " unlao t•yulreminta of thl/ A[Ub o sod Ae ratt orJtnancnS as met, DDIt•/ shall o•gln obeli and' 1 V other NFPltcaole y 1 fit Illn of an a ruv T, _d u reCar muI De Illet"~n+~~An appruVea lot ;a rrzt t" r Ptovialons of t accardanco hL/ code. ri ch t,is 4 pF 4r Itl cecoenrt uce to t a7 4+~~L buncbncl CuntsceAct, e` 7 x°. ,r r. - City eCOl •e['C Or nAIone aynfer prim! tl (I:[10t4fctino d<`y tia `x rvWy~w s tµ Y y;,. tn• P 11 n•t0 lmprovellInto ' la rayalrcu to revle, ar r teVUr amOlltr CC this CJtlI. to De MAta r Lne , i~ g (11 svalo m ht colt a a n vh C I IYe ralr.4gji • tot all 14Yflopnents ji 1/nal, or other lmprovemsote a(a tol C, water d u ial acrd of Convey/d to ens bonatrvCtoaean~ contact 1 omp: / Isyulrl td tnourl ta011C' a d+wloim•nt r x CItton of thI ImptoYAn• u nUn AfD10C CUnrLructlon and i,," , y, iL tbnt Cadtr Along Nithr I'd copies qt ptn• e neVal Jl.~t i ' th teClan" or other documentsfeyNAll 1300 do, ca`r' iii a a, the City. fnglnat on forms APPhJUeA by or prow id•U by i 1~ tr , J"} Z tY,%.`.•. i/T il,-nten_to a~~lat otmtra~Ct, the ,ev►lopm•ne conrrabt s a G LS~';r 400MOd CllMIC•Uafy Lit, tnI City to Camttln provision. Cum y Attorneys to In/ore glMe•r, At apPrld by A plsllon of tha In proper construction AnJ F! + tnealot/l And con p l/nceror•Ment/, PAYmant to Itaoe ,tl Code, The contact shall bn Lathe iu°vtotena of this to, the [ollovlnq prtvlatonft ' hot be Ilmitr0 n t ia1 • c It 44 "1 Y a A descr lpelon to t eAe {~oV Pt iCIV tA•r eL( nta OcAtlnn, an! the euntfane r .5~ .1'. Yat JetetmlAldo[ It then IA no eontr`aut aMOUnt k ceftt►ud by V the •/timated } Y a togs/arid anglnler, ed/e tnereu! t~ ' * V f fal 5 ELI iot onr, that tAe fa rov•menta will as eanaeruc ed In A<edrdane♦ with the Plovlal°nt at 45 1 1 F1. Lt~i Is' +~glrfL'*Yn't+1O': 74, 1/1YiA.uwr '+r.r ,`til i 1 t r } Ll~1'~y`ki'+tthlkh"{v.'+.:-,.rawer l y , s if'~ ~t ICI e` I r ,n' 'i7YL X;R^' i ,2.''2 ° ~ ~ , ~ r. " ~i~~ y5 ,YR .n-, 11 +h+.~~ i r~ t~ 7; uh ty A t"ll , c r r1 ~ 1~~ 1~ 1 ( A , ti; , tr2h1 t 4 ~~,r FR t f, r ■ this Coon Ono the standards and specifications t[CB APPllcaoln to the City's public works pro}ncts. ICI fns scats and Urders, teat the contractor any f ~ everts roe 010 v cooyera t0 rich ono aolde by 5 °I the orders of the City Ln9144er and City's inspectors In constructing the Impcuvement. Id1 nsuranca. That the owner ut centraowt sill Ar comp y w th the insurance requirement applicaalo ,ti1a t to the City's public works protects. f4}'L" (e) Performance Bonds! EACrrw Agreement. ?het I!~;~~', +1, oultainq perri10 494 tt be usuea for the aeveI pmant prior to completion and scc•ycan •e of all improvv... ants that ate to be dedical.na to the 4~i"1';,,, '`Yn publict ly'fi Yf X I11 a perforranee bond will be onbolttld In an ll~dl amount, Ad determined by the City tr.{irtur, to Insure completion o! all lmprovemnnta iyr r k. therein! or r',FY 'iI) it the coat of ^:Omploting the imptaverents at Y iss$50,000 time tcc Los,,$ as deterlmined rby rthe eCity Engineer, cash .:Lney in the amount of the ' t Colt of Complettnq the IMP t 0v a Mt n It I, Is M determined by the city lngineel, may to aepositea with a bank a escrow atont I Pursuant to an saetav a3reement, the loch Ana v" M1 provisions thereof to of approved by the r,tty Engineer and City Attotney, to +naute ri M1 ' ?~dq completion of the Improvement. Ifl aM Intenasae Bana. That prlar to aeceptenea by the el1r ',e • - city o any Improvements, a ratntenance tend will t1tU r be lutnlshed In on amount at ten percent 11011 of \ a the contract amount of all hmprovementa, Inaurin ' the tepale And tepl4conint it 411 defects did to faulty Moteliall and workman nip that appear i ,+11111• 1 within a pat lad of One /oaf fro+h tn4 date of acost:amce at the Improvolne its by the Cl ty. `~R Yom) 191 P4yMene Bondf_Aesuunco oAd TAyrent. That pelot to;41 acceptance oy one l y o ny mpravementsl r 1 t III a payment bond will be firnlened in am Amount ' of rot lose than one hundred percent 1100ti~~"+q~r % is p of the Approatmate total coot of the cohtrict S qua rlhtaving the full and ptopor ploteCtlon of all claimants supplying tabor and s4tnrtalr~eh~4rk +pi, + for the Construction of the improv4mant@, of M1~I' IIII it the total contfACt amount of all Imptove- x Monts 10 Pifty thousand Dollars 1!110,0001 or 10180 Ad d0te•Mlned by the City Engineol, the owner and Cent, Ctot Mayo In Lieu of litnirn- r in? a payment bond, 44101 to pay AMU market/ r all Clslme, !lane, charges and encwhotancrt c tiiJ a''~YS arising foot canitruetion of the 10,peovemonnl tt"}, t' M1l~j' and lufnish a MAW affidavit, In A tct `;1,,{,• 1 Irx~ pcuviaed by the City Lrglneot, stating thi. M*r,t`, ti iIilk SS~Px all nips, Char4a, accounts and claims cot r"d~ llh lanot perlotmad and material turnuned In , .c % PACE L er2.1 ~ ) N4 [ r 7.1l t~Nia1wK,•R'T`,6~MX.fi-IRaA I , r , t r Iaelalaaa,~etaeYa. 1. ro ^.N yr.•re `ay },~n^p a. $ ~ gf ,.r -s kl .'1.~17'r`~" \~.~t k, 1~;, t. . convection with the Improvements have been paid in cull and that theta ale no unra Leased recorded j liens !tied against the lmprovemeota, or land to which they ale Mixed, that act to be dedicated r to the public. The City tnylnter may require the owner or contractor to Iutntsh a list or all subcontrectace who performed labor on, at persons supplying material for, the improvements and 5'3 require a written relesst from any such person prior to acceptance of the improvements. r Snl c u anc That the Owner shall not AIsou eny part Imes, leases at other person to occupy eny A' I building within the development until all improvements are accepted by the city, that upon r vlolatton of such [estrlction the Owner v.1L pay Thrill Thousand Dollar, Ii1:,000.001 it the City ea liqutdatad damage$ but such payment shill not be 'r mfr deemed approval 01 such occupancy and the city SAY ,~}t.y t t4 j' f,r r take whatever action is lawfully neceeaary to Restrain ouch occupancy. ` ~trrl, SICTIO4 it. r44+: 'hi r That any pe[sun wlolatiny any of tnt provls',ons of this ordinance mall, u on conviction, be fined a sum no'. etceeding T ,f ;•AI h,jiwiz.% Collars 1r100,001r sad each day Ana ever; jay feat t + pt4r:` ns of this otdinanCa are violated shall constitute Yy,^r i, separate and distinct offense. This penalty is in addition to and .e ly ' culnulatiVe of, any other remedies as •jy ba available at law and . eyu sty. . V f • ~ ~ r -btcT:GN :;1. Tnat this oratSance shall became efYective fourteen (111 days from the data of its passage, and the City Secretary is heraoy di rotted to tau so, tA1 caption of this O[dlnenN t0 be pubs ithe twice in the Denton Accord-Chronicle, the official nawspapat o; f t ) 3i.. ^r• t he City of Denton, Terms, within ern 1101 jays of the Late of its 1` 7R r ;i,i Passae. r r ~l I PASIlD ANU APPAOVLO this the day of r, ii. CN ND 3i[w N , AAF~ j x 1. ~ r~ CITY Of DINTUN, TEXAS -IN Ki r n~.'~5 t~ i ATTts'ti ZHAALUTIC ALLEN, CITV a SMIThAl x' CITY Of DENTON, TEXAS t,- v APPAUYLD AS TU 6LUA6 IURMI DtbAA ADARt DRAYOVITCN, CITY ATTOANLY ray3i? CITY Of D[NTGN, TEXAS i. err ~'1 lr YYI PAIS P < 'r i r v t _ ...an"ve;{r►3e.Q~hgt^'T^Y~aa6fAt1Y:~1.YA.1Y111iFD%ri4R+?4rx~.ywcuv..~.-_., yea.. i . q - K • `~ar G7 ' C$ ) y ~ vxl } t.yei ~ti y r w ~ r , 1r T „•y; ce~ t w I a 4 0.:.. ~,vv.~ 7~, a'. h r, v, y ~ ~,y~^}r,.b y tiyq; , agr try ' FROJECT NO. g7pg fr~~~ j9 e CONTRACT NO._4$7 THE iTATR OF TEXAS COUNTY OF DENTON DEYELOPHENT CONTRACT 4 , yY,fq~~,l r / Whereas, Texas Instruments; ' hereafter referred to as 'Owner," whose business address is " P.0, Box 225214 NS 799 Pallas, TX 75265 x is the owner of real property located in the corporate limit, ofz the City of Denton, or its extraterritorial Jurisdiction; and ,trr j Whereas Mt } Owner wishes to develop the property and such a development must be performed in accordance with the applicable & ordinances of the City , trr,;a of Denton n hereafter referred to as City"; and Whereas, as a condition to the .s beginning of construction of g of construction of said development, a development contract is required to insute~y A that all streets, water and sewer lines, drainage facilities and 4±'r' other improvement, which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in }{t5•, accordance with the City's specifications, standards and kdQ ordinanceal and (select applicable provision as follows] Whereas, the Owner elects to construct the Improvements y+ wlthout contracting with another party as prime contractor, in f~', r1l• II Ki~ t ll.a.. . ~ Lt , ttJ 1 J. , --~rv N:1 e4:; A,~+tSAro., a~ r•..uwn+-- .~1 0, T ~ . ~a1 ~ 5 i' \T° S s T nor: rP a,, i 1 n e T, ! q R pj . J ° t .dd r a + 1 ~i.k i II T, 8 ~ty1 j ~ h which came the provision of this contract which refer to "Owner" or "Contractor" d y; shall mean the Owner a named abavet or tk I ( ] Whereu, the owner elects to make such improvements hereafter met ` forth by contracting with Bill Hazelw;od. Ina,.. ,r P{ whose business address to P.O. Box 274 Sherman, TX 75090 , hereafter ke G?, referred to as "Contractor"7 and Whereas, Owner and Contractor recognise that the City has an interest in insuring that the improvements subject to this agreement, which will, upon l~htLAw compIttion and acceptance by the City, become public property, ere properly conutrutted in accordance with the City a specifications and that payment is yr i4kJ made thereforl : v As to the Improvements to be dedicated to the public, an shown in the plena 4 and specifications, title Texas Instruments Addition dated April 1987, The Owner, {1y+k1, 1S Contractor and City, in consideration ut their mutual promises and covenants i contained herein, agsea as follovat~ 14 Covenants of Contractor. Contractor agrees as follovei (a) 8 ep_cificatlop..!. To construct and install the Improvementr a i accordance with the procedutem, specifications and 4t# s, ''t' • ~ ~ i r.- ~ ti1; E , i ry`,~ kk r u \C •y t6 ' i grfprstV.#V cvm'tapwa.,.,... app 4pe '1 R1 eltllff $ tti k+s M~pM11Mr°a a[ , r ~ 6t-' r} ~ y r ~ rJ i S f i s j - rti." 1 r'~ 1 Y ry. { 4 l . J , ,i' ~v ~ tt' :tom Fir ~ . c a atendard contained in Division It and III of the City's Standard . ' ' Specifications for Public Works Construction, North Central Texas, as amended, and all addandums thereto, and all other regulations, X, X3 S ordinances or specifications applicable to such ImProvementa, such 11# ~y 1 k t, specifications, standards, regulations and ordinances being ka+5 expressly incorporated herein by reference and being made a part ai"r ;r ~r of the agreement as though written herein. At (b) Authority of City Engineer, Inspections, Teats 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 materi0a furnished work , performed, and the interpretation of 4?!;' specifications. to j r r` I,' . y t, ~ r 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 °~,Elcy specifications applicable thereto. Any work done or materialsY` used without suitable inspection by the City may be ordered j 'i. a aa} removed and replaced at Contractor's expanse. ~tasr,, ~a Upon failure of the Contractor to allow for inspection cN~ )Wn to teat 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 PACE 3 T„,.1 I. n,~,1 ~.k. ~t i1 t .IS y.. 4~ r p ny~ .f_ t i 14 A µ 1 L1 F i Y k ~LLft. ~ Jr, ,l. ,r F: . 'Y htfv r.~ ' Engineer or his representative, the City Engineer shall notify the Phya~ Owner of such failure and may suspend inspections of such work ~k#F until such failure is remedied. If suck, tailttre is not remedied " A to the satisfaction of the City Engineer, the City shall have no R obligation under this agreement to approve or accept the `r~ Improvements. ti (c) Insurance. To provide for insurance in accordance with fl;","* the insurance requirements applicable to contractors as provided Ar ' for in Item 1,26 of Division I of the Standard Specifications for Public Works Construction North Central Texas, as amended, the Zl`r„'I provisions of which are expressly incorporated herein by °".R reference; provided, how9ver, for purpose of this provision only, a "lhrner," as used therein, shall creep the City if Denton. cwt ~ ~ (d) deans and Methods of Construction. That the means and n methods of construction shall be such as Contractor may choose; A~ r~'tY, k,r } subject, however, to the City's right to reject any Improvements i k ~ I I rF I ,°'~I' 1 for which the means or method of construction does not, in the f' 4`,,,. v;~e tie' I judgment of the City Engineer, assure that the Improvements were rl; I ,h + constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor, ' Owner and Contractor mutually agree as follows; txi' 1 + 1Y. ~y? (a) Performance Bond; _Escrow Agreement. That if building xf Z I permits era to be issued for the development prior to completion r'1 PAGE 4'rP + ~ Y M1 D ~ ~ Y; t , "Ito ,w+ ~nrr.ino~t,slFyfii'e~.~eAwiM?JaIaiNVlb~sd48wa.... { ~a i aw♦t i~ a~b r r ~ 1. , ,r Y 1 , tl i\ y fee ~ ! ~ _ 1 1 Y + Y o ~:i' 111 M I r 1 ~ Y l 1 J 1 ,1' J O f~ 4 l h F 1 ' , F i t Y a yr, ~ro d ~ ~ ♦r ~ ! i~~ S tN 2') 1 PF I~'i ~ " ~r2 p ~ " 'q. k + ~ r +'~,a ~iil+Yk ~.h ~y 1 -F~ i~~'. i tir } ' k i R`itf Y4~ , ~o.~la~y. ~dJJ ajf~Mq e,~ ~Syy e D 1 tad i NOW .i, Iq 3 Li Jf l.. ' y+ar: St~F r 1 4°; and acceptance of all Improvements that are to bo dedicated to the i,• Cr publics f (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 ,tin+ submitted guaranteeing the full and faithful completion of the Improvements meeting the try,; ; ?hT+,.+ ~ she y ecifieations of the City, shall be in favor of „ t Cit , end shall be executed by an aPp,coved surety company authorised to do business in the +~i r~s•,; State of Texas; or (ti) if the cost of completing the Improvements, at the #;ifia time buitdin permits are rsquested, is in anT }4r'~4 amount of $5,000 or :;%n as determined by the City Engineer, cash monthe amount necessary t "k; of tr to.) complete the Improvements, as determined by the e a T,' City Engineer, may be deposited with a bank as scrow agreement e escrow agent, pursuant an l ~,Ie insuring completion of the Improvements. without tiY +ri`,d, exception, the city's escrow agreement form shall be used. Fylr r j (b) tyayment Bond, Assurance of Payment. That prior to acceptance of the Improvements) tfs;1 t~xkr d payment bond will be furnialzed in an amount not l~l logo than one hundred total cost of the cpercent (1001) of the " Improvements guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shell be in favor of the City, and shall be ~FSf,,, Y executed by an apprved surety company authorizedA o to do business in the State of Texas; or 1,r (ii) if the total contract amount o all bodr has ents is less than $50.000 and a payment \~iaf been submitted in accordance with (i) above, Owner and Contractor sgre,i and guarantee that an and furnished labor ermateriailmorrbothcorporation the all l `tip' 1 having debts construction of the Improvements shall be fully paid and satisfied before acceptance of the ~k+4. (yI P J, VA , + 1~, PACE 5 ,ryl P~iy 1 ~•11 I' 1 i+*1. ~i~~D . ~ ~1PP'^"""__•_ .--..'">MpM1Fpd6lPiJ~l~{r~~'M#'4fn~+#nw+.~l fe c; l'~aT~tv'R.ts•:~, ; Q 1 NI ~L , I L t , rd R r a 01 ' r1~~ r6 ~Sr'9ii • "9 4. r•. Lot, + Improvements by the City and that, prior to acceptance of the Improvements, the Uwner and Contractor shall furnish a written affadavit, in a form provided by the City Engineer, atatiny that all bias, charges, accounts or claims tot labor performed and material furnished in v t connection with the construction of the Improvements have been paid in full and that there are no unreleaaea+r'. 1 recorded liens tiled against the Improvements, or land to which they are affixed, that are to be dedicated to the public. u~ }r ' i Tnat, upon the request of the City Engineer, Uwner or Contractor shall furnish a complete list of all 'I + subcontractors who performed labor on, or supplied material for, the construction of the improvements, and, when requested, a written statement from any or each of such subcontractors or suppliors that they have r;r Y4•, ' r' been paid in full. 10 Retainags! Final PaSmente. (This provisloii (c) applies k, ± Only where the Uwner and Contractor are not the same party. That of + as security tut the faithful completion of the Improvements, Contractor and uwn~.: agree tndt the 00ner seiall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the Improvements by the City, Thu Uwner iE S shall thereafter pay the Contractor the retainaye, only after - ` 'A V Contractor has curnished to the Uwner satisfactory evidence that all indebtedness connected with the work and all sums of money due "y F gi' for labor, materials, apparatus, fixtures or macninery furnished for and rued in the performance of the work have been ' paid or r4F~tb 1Y Cry otherwise ~etistied, (d) Encumbranciso That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall q PAU<'. 6 , ~ -.•,••,,,~M 111RAl6lf1.',M~:rv yM11M^.QUn~ , '•ViVYp ~I~WI'14T lt~nnner..+^-_- Sg'A A 'f4 t j•' , 1M } r WTI- I v. r. + r + 1 v { dr AL X it v i X y' y , „f 1 { { k B r. 3 J :1i { r rX~ Xk ij y' y jr ~i { ~ , Alt, W 3 ix4l+r I \!t 1 . • 1 1 ~+JE r~become the *property of the City free and clear of all liens, , claims, charges or encumbrances of any kind, It, after acceptance t of the improvements, any claim, lien, charge or encumbrance is a *a made, or found to exist, against the improvements, or land dedlcated to the City, to which they are affixed, the Uwner and JKt r,• Contractor shall upon notice by the City promptly cause such claim, lien, charge or encumbrance to be satisfied and released or promptly post a bon'i with the City In the amount of such claim, kaUt: 'f' .4ii rr~ s . lien, charge or encumbrance, in favor of the City, to insure EEk~f M' k U , rl ?1hYl ~J~.+e. payment of such claim, lien, charge or encumbrance. ~w~'a~', ? (e) Maintenance Bond. That prior to o-roval or acceptance t V, Year I '5 t ,~St, l of the improvements by the city, to furula,, maintenance bond in turm and substance acceptable to the City, in the amount of tan. r percent (10%) of the contract amount of the tmptuvemente, insuring the repair and replacement of all detects due to faulty material; i~ and workmanship that appear within one year from the date of j acceptance, The bond shall ue in favor of the City and shall be executed dy en approved surety company authotized to do business ~rir'I {tr in the State of TQXaso (f) Indemnification, To indemnify, defend and save y,r +lt harmless the City, its officers, ayents and employees trcm all „ k ~~fi ~5 ..I r 4t„1 suits, actions or claims of any character, name and description „z, ~y brought for or on account of any in3uries or damages received as sustained by any person, persons or property an account of the , r PAGE j i ~1 r { P cY " ~i. ' • . M ~ _ ~wi ~ VWNMAaeasawF nw.n.,. '~",yY . , , TV; ;`s. pr.. - .,r ®APLSH.k''{[/tl~i~ML9R~~144~ YyFI?iHIJ. i r I ~ h S i! is I r I . ~rr.~awrer~ `fit. y y ♦yt~ 14r , . 1 ~~P it ~~Y ZXy Aa' Y r 1 ~ ~ t t'' ~ xy 3 t %i Jti ,tb ~4S' ~d ~ G" ?x, c`K, '•'~i' ~ :,t. ~1~~`1 e. is 1 1 y operations of the Contractor, his agents, employees or sub-1;k contractors, or on account of any negligent act or fault of the kw I}' 4 A' Contractor, his ayents, employees or subcontrc.tors in construction t., of the Improvements, and shall pay any judgment, with costs, which may be obtained against the City growing out of such Injury or t'a damage. (g) Agreement Controlling, That the provisions of this agreement shall control over an conflictih" N4> ~ Y g provisions of any contract between the Owner and Contractor as to the construction fi►{;w R q, of the improvements, 4^ 3 r 3, Occupancy, Owner further agrees that Uwner will not allow t ~'i A nNy~~ ~7 iTya y R II any purchasers, league or otner person to OCCUPY any building 4°4 a' ,gin ~w1aR+ t, within the divelopment until all Improvementg are completed and k~Y a:. fS. 1 1 ~,1}~I f'tr1 accepted by the City, and that upon violation thereof will pay theta t, 4"~+, Clty $3#000,UU as liquidated damages, but such payment shall not oe deemed approval of such occupancy and the City may take chat- 3~~ti'~''• ever action nucOasary to restrain s.ich occupancy, 4. COVenanta of City. That # upon Proper completion of the a t` II Improvements in accordance with this agreement, the City agrees to accept the Improvements, it t 5. Venus and Governing haw, The parties herein tigree that ~raylp0'',° % k~ `1r this contract shall be enforeeaole In Denton County, Texas, and It ~ ienal action Is necessary in connection therewitn, exclusive venue` a t PAGE 8 QI ;ti ' rr i ~ 4 e e~t. i. ytF^. ~ r1' r'N~~7f''1i'~ - - .1'~i{'gFeK•"~,1gR.w.w,..u.•.,..+--. six ' F iy r i ' y ivy IP~ 1 it , i. }Y r a{ e a ~ 1 t 1 +f?ti { 53 'w M' ih ~T 1 x r k~r':. e r„a ~1§ r1 A W i •r:, 5V C ' ~ ~ `~>rF shall Its in Denton Count y, Texas. The terms and provlrlons of ~yt,jSPr; this contact shall be construed in accordance with the laws and } nr court decisions of the state of Texas, r llcre r { 6, Successor and _AS na This contract shall be binding upon t and inure to the benefit of the parties hereto, their respective successors and aeslyns, Executeu in triplicate thisf A day of t 19-2 ' xS, ~ • OWNER Texas Instruments Incorporated CONTRACTOR bill Hatetwoodi Inc. {r ' ;r w, a5{ ~k y Lewis McMahan ill ■celigod y Vice President, Corporate Stair President 5 + ' M1 t y. 1 ~r ~S CITY UP Ui:,pi'I'ONo TEXAS yw 4 y/` y •'p 9 4~ Or, 1 ,I r;kl 1 ~ij r~~ ATTESTt Ktt~', 5 4t` ti: r CITY SECRETARY sdr C!T U DEN ON, TEXAS ¢ 1 APPROVED AS To w; DEBRA ADAHI DRAYOVITCH, CITY ATTURNEY ~ ~ f r ` CITY OP DENTUNo TEXAS tt + BYt 11 {r4 ~ i PAGE 9 ry` , r,;» s 5, r w. ~"„wv 7WeN1~~MWW1fltaie.~~s aV+~...Mw~-.. "•'o t I~Y. w 411 ~ , 1 ~ Y 1 + 1 qa r ~rlr "Ir, . LM- { F i+,~ J'~J. ` 4~a>, r d~ , ~;;ri 'r•.11 +rl,: S+w~5ts,~,t.. }t yJ ,'C..,iJ e ? rSil`" y~e 4 w~ e, ~;4 V P rr F + h, l yi'~+ni 1 . Bond Issued in Quadruplicate 1379E Bond yLB019160 l • ~ ~ v„'r r . I s •re PROJECT NO. 7029-D CONTRACT NO. V, CONTRACTOR'S PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS:a COUNTY OF DENTON I That Hill HazalWOOd Inc. 'i ! ¢rg of p.n. ,9,_Box 274 Sherman Texas hereinafter called "Princi a1~~ and p Olken Inauren omoany y~ ;s`. f~, r dIId--Fairaont Inal+rance ComaanL , a corpo-RNA x ~t r: u ration organi:ed under the laws of the State oETrLyas 6 California ' jc'F~ e . f I1Y t I and authorized to do business in x the State of Texas hereinafter .r called Surety", are held and Eirniy bound unto the City of r Denton, Texas, a Municipal Corporation in Denton County, Texas,` X14 1 xkEAl ? '`u j hereinafter celled "Cit " and Y , ,Texas inatrumenta Inc,. ballet. '3~` 1~tti! rR1ei hereinafter called "Developer", +I 41r in the penal sum of _Our H Hundred Seventy "I- AP f I aw u V AM o~-n_.~- 4~0g 97 50 ur w Tezaa, for she rates, to a pAMiF-rentort ounty, t*, payment of which sum well and truly to be made + we bind ourselvesG' , • our heirs, executors, administrators ans #4" t successors, jointly and severally, firmly by these presents.~k~~";,. x THR CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered Into a certain contract with Developer 14 as of the da of dated, a ropy of W1 C 19 attAC ! 19~L1 Mlle ~~COntraCt'~, F e' r ereto and ma e a pert hereof, for y t+ y t + + construction of P_~rLWlam, Perk It $ani,jary a •er, aoilltir.5 and Dral a~ a PaOilitiea for T.I. Addition, Denton, to serve " the City of b , an Addttio7 to k~+,~.e enton enton ounty, e~ , `'~~Ik~'~iLlNlfitk54'7F19,IR4!a:tY~~IPEa~1T+F~'^'< ,4~~;'~ r tea . q j s a, 1 ^ ) l' i e. _Y ,h~ r v ) F ° ~ fit vri °n.k♦ Mx ,Y ~ ~~a 4 , Y ^yYy ({~s"„tyt~ Ve) Y, , d , >r NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties all of the undertakings, ; covenants, terms, conditions anJ agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the city and/or Developer with ora without notice to the Surety, and if he shall satisfy all claims and itmands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all a ; costs and damages which each may suffer by reason of failure to + { do so, and shall reimburse and repay thx City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shill promptly make payment toy, all persons, firms, subcontractors and corp•:,rstions furnishing ks materials for or performing labor in the prosecution o the work provided for in such Contract, and any authorized extension or modification thereof, then this obligation shall be void; t' uR otherwise to remain In full force and effect. i.~ PROVIDED FURTHER, that if any legal action be filed upon r"p• r this bond, venue shall lie In Denton County, Texas, and the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms 5}, j i of the Contract or to the work to be performed thereunder or the t4. specifications accompanying the same shall In an), wise affect its obligation on this bond, and it does hereby waive rotate of any such change, extension of time, alteration or addition to tay'1, the terms of the Contract or to the work or to the specifications. IN WITNESS WHEReOF0 this instrument is executed in tripli- cote, each one of which shall be deemed an original, this the b7 lstt,day of May 19 r ,F ' PRINCIPAL w r{'' G Bill Hazelwood. Inc. J r r I, 4, i r ` spa ill' ~ fY: r 9Y' .L Tk SECRETARY (PRINCIPAL) r CONTRACTOR'S PERFORMANCE BOND/PAGE 2 ~9a.• rk , L } i , It :F Y A ; T ' f ~i a~•~ k L t ,A' , 1 J 43 ~ ^ J': d'~ z11 rt v F ~r ily °..a R a SS yak r 1~;,. ' +brja't t v, • 9 'i x + SURETY{ Chilton Insurance Company and 1 Fairmont Insurance Company a I BY.WL VUI t~1~ r SECRETARY (3'1rR ttor n -acts; Cheryl L. iumphrey a Park Sly-d-- Suite. 1021 'itr 11 •.;1 Plano TOX&S 75074 ~TTTSSS 11114rRRRt, r L f 1 Address) f 411,TNESS S S N i ~11L F. Par c to 1021 _ (Ark L S54 Plano, Texas 75074 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NUT BE PRIOR TO DATE OF CONTRACT. tF I M[ IS f + h I ~ I1F` Ant. ' ~r ~r { i t4 ! -r t1+ i 1 . ~ {r, a U. 'lCONTRACTOR'S PERFORMANCE 80ND/D'- wnw.~,,..__. . :A lu °]IV, ^C';ir W. . r, R~ls , pr ~ rA'A{'nkx.r a..... - .:;3 S ; 77 + . • SA ~i h ~ ,~,n t, v ~ l '+t + ~ tiro t k~" t` rna~y~,~'YY~ "~`~a~4~ ' ` 1 .^i'+SX w~r ' 1~7 kA'~ ~ "''r ~ ~ " ~ '•{f4' ~ ~ d~ yF,f ~N F ~ 1, -2 Bond Issued in Quadruplicate Bond ILB 019160 ^d< c, ; 1378E r ~ ' < k ! a . k.r ~ I i"OJECT NO. 7029D CONTRACT NO. CONTRACTOR'S PAY14ENT BOND r u , THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 1 '''ti w^,i4 That Bill HazelwoodL-Inc. }6 of P.O. Box 174 , Sherman Texas hereinafter called "Principal" and Chilton Insurance Company tcN47 Pairmont Insurance Company a cotpo- ration organized under the laws of the State of Texas a Californip r { 0 and authorized to do business in the State of Texas, hereinafter r~5?e ~j'4 called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation i', Denton County, Texas,1 ~F hereinafter called "City", and Texas Instruments, Inc., Dallas. Texas hereinafter called "Developer", and unto all 1 persons, r5 ' firms and corporations who may furnish i~ materials or perform labor for the building or improvements here- inafter referred to in the ~ Penal sum of ` Four Hnnrlrnrl Rf fltit TAOUSyDd, s}~yy tt . _Nine Hundred Seventy Two and 50/100------------($ 408,972.30----) lawful money of the United States, to be paid in Denton County, " Texas, for the payment of which sum well and truly to be made, kwt we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. ;s THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the +'rlt Principal entered into a certain contract with Developer dated ` as of the _15th day of May _ , 19 870 (the "Contract"), t ~'1 IY Ikr LS Y A A M~ I 'A 14Mai~~. . I.b1.LiWr'LY'vim VIY!M.~G,^aCY.'PW'iW'A,"SM:>AL":SY~fleaTrIAN.fY.YO[l!..Y~.w-.--...... 7L 'r „ ! . ,pail 'r o !~l y r j tiwr!.! - , ~T«F ^ y~L ..l H`~-r rh, ;i!,. ` r, ~ e"w s ~t„. x vN ;i -E r i t`\ a, a• s T It v 1x , ' T inr ^ a copy of which is attached hereto and made a part hereof, for construction of Part I watrrmairt Facilities, Part I1 Sanitary Sewer Fa .slit a Anrl_nraina0n Ferri litiee for T 1 Ad it ion '?enton. Texas 4 *1 F an Addition t0 is > • t'. to serve ~s Ina z Ito , Ity the City of Denton, DensCoun, Texas; y~ q Ye NOW, THdREFORE, the condition of this obligation Is such bt; 7r that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article S472d, Revised Civil Statutes of Texas, as recodiff-d in Chapter S3, a ; Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in said r" Contract, then this obligation shall be null and void, otherwise. it shall remain in full force and-effect. t ! i' This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecutions sy of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article S260 Revised Civil Statutes and Article S472d, Revised r Civil Statutes, as recodified in Chapter 53, 5ubchapter I of the t1 Texas Property Code, as the case may be. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, The said S 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 to be performed thereunder or the s ecifications accompanying the same shall In any wise 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 or to the specifications. 'E PROVIDED FURTHER, that no final settlement between the City I and/or Developer and the Principal shall abridge the right of ii any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in tripli- Cate, each one of which shall be deem"' ` ed at, original, th 2l , this the _1Sth day of May , 1487 PRINCIPAL Bill Hazelwood, Inc. f ~ yf3 ~ ~r CONTRACTOR'S PAYMEN". BOND/PAGE 2 1 ILK vj rr, T- 11 v ~i a Fyr ( J ~1 it r ~Yli'1 ~9t«k !"r~ k~ e I. r ~ i~., • h w R 4 y F . s ~ + r .:~;IhK ~"„y4 t15 ~+a dY f S I ~ 5, N., . ..r 1 i . F . . r1 y'1 v BY: I. nMTARY (PRINCIPAL) P.O. Box 274 p~fiaY P TPI s 5090 F~! less 1 (Address) I, ~l.~tYti ~ q~ 7 , + 4 SURETY Chilton Insurance Comoany_U4d Fairmont insurance Company ayy~ - .R ~ n j yr BY ttot n_ act SECRLTAkY heryl f umphrey 101 E. Park Blvd. Ste. 1021Y; -L ~ Tess, ESS As TN O S Q p e 1021 41 1 E. (Ad ress Plano, Texas 75074 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BONU MUST NOT BE PRIOR TO DA'iE OF CONTRACT. iYt•t Y k r. Y 1 4 . t y ( ~ d`51 , Y iI ~ t~~NM AY •1 t1' CONTRACTOR'S PAM-NT BOND/PAGE 3 yki .+rey,•.._,-,,. _v.-9:+ {4'^+..^$3»N a s: ;ir-,,... i I I ~,~y b kkso a" ,r e lei- tt , dale or California " 1z ;4 1; County of i.oa Arq;eles)es. r s x Hcnry F, WrightH 4 , h personally known 10 me e/she resides in the State of Calif n he was by me duly sworn, and did depose and say, that CNILTON INSURANCE COMPANY the a eorporadon descdribed in and which exrecuted the above inslru[ e h mein; that he/she knows the seal of said corporation; that the seal affi porate seal; that it was to affixed 6 aud,orit Of that he/she signed his/Ier name thereto xed to said instrument is such corn Y Y y Ms/her office under the Bylaws of said corpotation, and F ~ by l ike authority, s S Subscribed and sworn to me this 164h d day of April gs E;, i y a-- r~OAL VAL OlMITRA SCHMAUSS s k , i NOTARY hJi:ICGlilOlafi4t NOa PRINCIPAL vrx:C pr ry f u K a Ft ,n°,tt~", t Les AtYGtL[S COUNTY for sift n1Y late. 4 i"y comrnisslor, GpiresApr, 30 1966 +=::rL: 'fib'` s 'v COMFICATION 11 T-nZ-- A. Tsui ' imota x the f Secre tar OfILTONINSURANCECOMPAA'YthattheforeCoin~ t and - the orcei or Article VortheByla%.$ e quoted Sect ionsl5. a ndl6. lMf' have nolbeen abridged orrevukedand are now in full force and effect. of Signed and Sealed at Burbank California, this 15t h day of May 1987 , Lary at`, 'c I t 1 I oxigirated m t Owar Date of Orlginr Jul) 23, 1996 i M { jJ ..q s , tiq t .v v Y, { ~p"7 v . ~i_ I Y 1 r V .ytyl+.'~lpti. iXi°'y ~'Y* rt r '!b r y,+;t yir +u t~s vrri~prr~l~a3 t~f 5 l t ~ l ^vY i ~ 1~,. f~~"'C. ti's, ^r' y ti Er'}, 1e;'.+rf6 ' ira ~ it rt4~ ~ r v +~i rr,7 5 r~r i I' "l CHILTON INSURANCE COMPANY Ire' ° SYyI'. i' °x Dallas, Texas Bond ILB 019160 POWER OF ATi'ORNEV . Issued in Quadruplicate. ' . r KNOW ALL ASIEN BY THESE FRESENTS i I rtl t4 ' l 1, That CHILTON INSU ""t COMPANY, a Texal corporation, does hereby make, eoaatilute and appolal s sA ' KAM, /r1ws - aC/YV utho ter n i nT:vr as lu cane "M Anaraey(r)•1e Fact, with full power and a fity, for and on behalf of the Company a surety, to etccute snddeliverandaRiatbewaloftkCo an mp y thercro, IN seal is required, bonds, undenakin Surely or aher r rittea obit p, set o;nirar>ces. ocnsentso( i pdonsla the naiurt therof, as follows: t i Any and all bonds, undettaklttas thereof a8rizaestes• consents of surety or other written atiortd W °!S the tufure . 41 a L and to bind CHILTONINSURANCE CO preracuta, Are hereby ratified and confirmed. This aPPcintmenl is evade under and by authority of the following Bylaws of the Company, which Bylaws are now In full force and effect- ARTh lF V, Sfcttonll_ ATTORNIVS'IN-FACT AND AGENTS The chairmen of the board,, the president, the vtee president, she c Inarxu xer ore .e and wehedry,ndefineda 4mited in theunfp"Y I corpora ri onrmay, ppoint a ttorneys in facto age rips with poWV and deliver, and affix the wd of the CO-imanon thereto. Idyl for and on Behalf dtheeoeyorerion ro evecuoe aher wrkten obtiaasions in the nature thenof and anr of bonds and revoke the power and suthor,ty given ro u. may aknrgs. enyn~ firm s T R carlserus atsurety o MTiCIF V, y~usnta, AUTNORITV TO BIND. An bond, k In he care r p~a,~~ Its an NAdp npou ju iprin6. m°BnKa"ce. t°^sent r>t sunry or written e ; ~ IM chid( fwn al Poru'o^ whin st6ned she chairmen of the and seated, rPs ryvv t~ to Mary Of 816414 P4 sdcriar),, p h qde~ ryi,Nr%d r+t~°^ one duly attested Nwthe d~dM~ nerved and xakd~ seal is TV~~ a July author4ed anomeyin-tact ors6aµ pwvj a and . %Mka of the Authority anted try power of attorney, 'I'hb power of attorney hT dgotd and Brsk l by faalmile under and by the sulhorlly of We folbtrlal ResaIII Is ' `ty adopted the r% Board 19of INRCtnrt of Ct:1LTON INSURANCE COMPANY eta meetlnl duly called and held on tt( a 12111 day o of AprO, 1985. he vy ' t RtSOLVFD Mw she NBrutun ed any officer author4ad s n-ti ay beinaRe b M d Nttnney a< s aae Bylawt, and the std of the dwyar„• and kbil~, 'het' aaaw~N' siaatraa wpoMy ar aKher ivritkn aslq;atinni tM naru ~M lop Uw aemi" of 'het' and a pocnkn as she ortairW a F<natun of to It ojf n inQ g d o,f/y d tt r` rarparNfate wkh god u not force and eNeet as thoulfi aunuaAy ~ , ~ the carpawkaak k be IN RITNESS WHEREOF, CNItTON INSURANCE COMPANY has caused These peesenN to be B s by hsr officer a+id lu corporate red to be hereunto affixed this 16th day d April, 1985. 'r CHIL:"ON INSURANCE COMPANY r> r ir~prYr Y r"nNehry t', right, Vice resident '>K~t@ty ^r~:.Y Rrk"L~~iYh•3 s~iEriW.;,,.. , • N tr } Y d v g , , 4. ~ ~5 a~i.•{.ry~~j~t'i'.~ ~y ~ ~I~•~ ~ f, ~~~,i°'.~~+~~~s4 ~"v' A+ .~~;Y ~t~'~ : Si..i tat, ~~ikti ~{~~~~f i y ' { 1 T' ~ rYS ~ an lA i ~ { r y PAIIiMONT INSURANCE COMPANY Burbank, Caltfornla LB 019160 POWER OFATMRNEY Issued in Quadruplicate. ~t . i. ' i IiNOH' ALL MEN BY THESE PAESEN'1'& _ S., 4• f' i I t v That FAIRk4ON7 INSURANCE COMPANY, A California Corp vation does hereby make, constitute and ; t appoint <HE M L. • - - t -----CF w ~ PI.Attt7e 1FJJfA.S---- ~ S,l`~•v'a `r+', salsas[uelardulAttarney(s)-1nFsa,whhfullpowerandauthority,forandonbeherortheCompany&$surely.loeaecute and deliver andaffix thewaioftheCompany there to,Itssealkrequited, bonds, uncle rukings,recognlunet a,conaenis Of a surely or other Witten obligations In the nature iberof, at folbws: ' tea Any and all bor ds, underW Lt thereof, gs, recogntrances, consents of surety or other written obligations in the nature u° ~Nir i and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the ads of said Attorney(ty-In-Fact, 'i pursuant to these presents, are hereby ratified and confirmed. This appointment is evade under and by authority of the following Bylaws of the Company, which Bylawst a< are now In kill force and effect: t ' tY ARTKLE IV, Section al, ATTORNETS•IN FACT AND AGENTS. The chairman of Itx bo, d the prrrident, the vice prrifdetd, the ,e ,r,ancta +cer, ar setrr ary Ctxpora ron may appoint artameyys4. IM of agent[ with power and authonty,ndrfined or tirniled In their retpectivr powendanotne~•forandanbe hiltofther It mporalio to eaecole and debver, and affix the seal of the Corpwalion thereto, bonds, undenakings, recqniances, consems of surety or other written obhgaboni in the nature Iheteef and anyy or aid officers may remove any r,tch [tiorney4ri-fact w agent and revoke the power and authority given to him at Der. ARTICLE 1Y. Section 11. AUTHORITY TO bINU. Any bond, undertaking, recognizance, conaenl of sureyy at written r oNitation in a turune a en a va, Ang !,.Mi t upon the mrporat4on when signed by the chairman of the and, the president. the vke prealdenl, the Chkf financl•i ellfree. or the senrlary or the toryoratkn and duly arteafed and scaled. Y a seal Is required, by the secretary or aft"am sMatary, or shin be valid and binding upon the corporation when duly executed and MAW 9 a seat Is required, by a duty auKwed a nomry.In-fM a stint, punuanl so aM t.lthln the limits of the authority ranted by M or her power of attorney. TMs power of attorney Is signed and se4ted by facsimile under and by the authority of the following Resolu- lfon adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly caged and held on the Srd day of October, 1983: RESOLVED that the signature d any ofl¢er authorlaed b the Bylaws, and the ksl d the , "'A r, . P by hCSlm le to any V%te of auwhe of special power oranorney ar ten ` anon d tu' y given for the a n of ~ <4 and w4 when ao used, being hereby adopted by the epporattptii the otiC~t~tat Is s.uluurre of sir h o~jfnw and Ihheatbvnd igralure afffil eed the eorporgJau b be ahd and Wndtng upon the eorpastton wMh Tw same force and elfM at though atunuaCy yw}r IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused them presents to be signed by Its proper offker and Its corporate seal to be hereunto affixed this 22nd day of March of 1985 its s ; : + ~tpVgtfj~e r~ FAIRMONT INSURANCE COMPANY z APA.10 t By , s 1970 4L 640 CALif. ,itnvtune Henry r. wriyhte Vig Fresidew A''~hneaunt n,.N A u sA t `t , `1. 4', Y :y, F'• yes, ~ f l~ °'4'~,,{ ~ {et ~ ~ +y' ~ >3.q ~ 4. h ~ t~' ~ ~`iif y~ 9~ k.s ,~~~Ly ~ r'';,, 1 State of Californi.r sa. Ltl, y: County of Los Angele Henry F. Wright t ~y 'r 1. personally known to me, was by me duly sworn, and did depose and say; that r • °ts he/she resides in the State of Califomla; that he/she is the duly elected Vita ?resieent of r~ FAIRMONT INSURANCE COMPANY, the corporation described In and which executed the above Inotru- ment; that he/she knows the seal of said corporation; that the seal affixed to said "rumens is such car. y Yw 1 Porate seal; that It was io affixed by authority of his/her office under the Bylaws of said corporation, and that he/she signed hWiier name thereto by like authority rr { T7 Subscribed and sworn to me this 22nd 4.1 lot Har~n owa~ *Y a1/KIWI ItpL t -J- {fit ~ r ~ f,.Si HARRIETIAMBEII ' rlr' P.07 wuK I c,LMaa.u Notary Public in and w` tASANCEIES ~ICOUMry for said County and State. ;y 1 Mr C04%iska Gprq Apr, 21, Jill y .r CERTIFICATION _91vde A. TRLtlmotn the Assistant Secretary of FAIRMONT INSURANCE COMPANY, cMJy that the foregoing power of attorney and the above quoted Sections 13..s. and 14. of Article fV of the Bylaws have not been abridged or revoked and are now In full force and effect. Signed and Sealed at Burbank, California, this •15th day of May .1487- ~ Apo Ift F-41 K ~11. taro r F CAUi t` Atciginated byr Date of Origins July 23, 1986• tY' , v+Jv'', , yam' t14 ex" » j ! FFa.`' a v I 1 t t' k , t 1 v I , Yr I ~I?• "SY~~ r~ i:l~ 1~ ~ a ~1 ~ i, tl - ri L! 1 ~C 13 t 3 '~l al , , d ~ " ~ JY.'~i ,,V a ~ `1 1 I ~ .Yr x~ ~~'ve t . ar • Jy I' a xI 11 , y 0763E IJ~,\L I ~ " NT I 1 1} 1 1. n PROJECT NO. CONTRACT NO. f }yr V RA :yWM: Y t..r t, x CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) i THE STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS: d'I t F ~ iIr d COUNTY OF DENTON ~r h e ~k I That County, Texas, hereinafter called Principal and - s tj_on 6 - - - - - > a o rors or ani-Lea uner the laws o~ the State and authorized to do business in the State of Texas, hec:tinaFeer called "Surety", are held and firmly bound unto the City of Denton, Texas, a Itunicipal Corporation, in Denton County, Texas, hereinafter called "City-'in the penal sum of rl- tates, the sell-s'uv. eeTng o ere, au u money o t 7e-T-[-ti", -1i ni a ten percent (10X) of the total amount of the hereinafter men- tioned contract, for the payment of which sum well and Lruly to be a.de we bind ourselves, our heirs, executors, adminis:raturs, b I~ and scc°ssors, jointly and severally, is f THE Condition of this Obligation is such that: t~l 1 1 WHEREAS, the Principal entered into a certain contract with Contractor, dated the day of , 19 , in ✓ `o-F-whIch the ty o enton, Texas, has ^e the proper performance an interest, a copy of which is hereto attached and msde a part @+r~,,l hereof, for the construction of., - tt tr ' a CONTRACTORS MAINTENANCE BOND-PACE U14E ~r ry~.`r KrxP %.~.'~r-'~ cn i 1 c r _ f f r r to p r sa'..'I~ 1' t: . ,¢q.ti ngf'~- ~ Ll a,,,At ctd''•i e ,Y S~~ ~d ~s IiY c.~at,=;"v1g~~, rs.y id + K { 1x7' 7 i l a~ Y 3 w 11.. a ' . F i : ' ~lp+lK { ~a krV 1 r I 3Y`r5' " k NMI ViC,!EFORE, if the Principal shell well, truly, and faithy maintain and keep in good repair the work contracted to be done and performed fora 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 ggrowin "i out of or arising from the improper work of the same, includingg 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 lq °z' shall be final and conclusive determines to be the result of ~y defective work, materials or labor; then this obligation shall 7,P4 be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or a.rri{ ' reconstruct any defective condition of the work as determined ra~ ' herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said L Principal and Surety on this obligation. y + It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon fur successive breaches oQ the r~ir 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 perioJ, and the same shall not be changed, 3 diminished, or in any manner affected from any cause during said; " 1 time. PROVIUEU, further, that if any legal action be filed on this bond, venue shall lie lr'i Dealcll County. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed r-i original, this the 6 day of PRINCIPAL SURETY r f+ r BY., BY: ~Y p 1 l CONTRACTOR'S MAINTENANCE BOND-PACE TWO bl'. `~"!~\~fiS^Vawt"Pfe~~1+1~It`Y+~~Y'f~•,I~;i~~~.• "wft! 1~t' k. r • 41 ti ~l4 ! v 41, 71 911 t t 5{fir t 1 4 +5 4 1 ! l . e.. ph~y. ~~+I .Pry n~rfi ` . . '1 4" fril P, G TS l 43 4~ b s i ~k a k ~t f 1rs x ! t rlor vn +F t~~o r 'l 4- til x ~f ;l 5S Ir ,ti, W. 1 14 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND.„ MUST NOT BE PRIOR TO DATE OF CONTRACT* ,y r,~ i t P 4 9 V n~+x it yoATTEST: SECRETARY `y 1 5. ~ ~~it 1 r I"~ ~ y ` y Y ~ r L ^r J, M1; l ayr. ti. +t r a x ~,rr i ! 1 Y~f A! +P 1q~ Cif CONTRACTOR'S MAINTENANCE BOND-FACE THREE r'i.' ~ i°\Ff, .P a J14' T.F.VyP:.' ♦ ~ t d{.:YF] ~E1.ra.T • ' C rM+x~ .6J r 1 1 l ~r ~r 1 r r d r ONNTON LI WI9VILL® CORPUS CHAIGTI •t r 0.L ,t `it . a 4 ~ SI 1 ;Irk ' 1. Yom' Pl l t4+ ~ is ♦ f v i+g i y , v, , ~ ay tt+.f~~.~ ~ i ~ 1 1 i t ~ s x Y. a v, i 1t rT; ' 'k y ii iY";~xt~1~. ~ cwt"`~R~~,~~~ `.fib"~ x~cig :~,rw,~. q ~ f A' 7 1 I.V Y ~`~dtµt yY~~ 'i Y PROJECT NO. 41-01 ' CONTRACT NO. E THE STATE OF TEy15 % DEVELOPMENT CONTRACT COUNTY Of DENTON r Y . `h Whereas Trinity United Methodist Church hereafter referred to as "Owner," whose business address is 633 tt~ ' 14, Hobson Lane, Denton, Texas 76205 S, t I fi 5 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and #s Whereas, Owner wishes to devslop the property and such development lust be performed in accordance with the applicable { % ` ordinances of the City of Denton, hereafter referred to as "City";``rs and l.,^ Whereas, as a condition to the beginning of construction of said development, a development contract is required to insure that all streets, water and sewer lines, drai- age facilities and 'E other iQprovements which are to be dedic.ced to the public, hereafter referred to as "Improvementsare constructed in accordance with the City's specifications, standards and ordinances; and (select applicable provision as follows} j ' y (xxxk`GJ Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in + ;~ioy f D~14-'f~°`.r-•--_ -.^^~+wi~a'MWI~i.WAC~9{ahlir~•NC3{'#f!7'ASNL4Si~1X \ . f e .f T A L~~1 t s 1:t I~ 1 i4~ . 3 e- `+d?~ I -.'.3r'~r^dx1J`+.Xa~Yt'47...!'..'k.~.~ r.. t 1 *'r ♦Y . l p ~ 1 1 r 1 pyy~., a~ t r.~ Ld ' ' , , na , which case the provisions of this contract which refer to :'owner" or "Contractor" shell mean the Owner as named above; t~ Wh4reas, the Owner elects to make such Improvements here- qy x after set forth by contracting with +e{1'~~ z' whose business address is ;ts hereafter referred to as "Contractor"; and Whereas$ owner and Contractor recognize that the City has an ~,'r, interest in insuring that the Improvements subject to this ~h agreement, which will, upon completion and acceptance by the City, become public property, are property constructed in accordance with the City's specifications and that payment is made therefor; r+ ~ r WITNESSETH a As to the Improvements to be dedicated to the public, as specified in Exhibit As attached hereto and incorporated by reference, to be inbtalled and constructed at 63; Habson Lane Denton Texas 76205 the Owner, Contractor and City, in consideration of their mutual promises and cove-.ants contained herein, agree as follows; 1. Covenants of Contractor. Contractor agrees as follows: Ca) ~ectf ts, To constrw and install the Improve- E t manta in accordance with the procedures, specifications and ~ y PACE 2°Fr'° . 'ra'°yy',yOFd1#1~aRy~ru.vnorvwa+/ataAaww+.ra.w.s...-.-... 1 r s t _ a ..w.w,.J o--.aw/a+.w.....,, ;z> .o'..ar-witXS% w, y a , standard contained in Division II and III of the City's Standarr, fr" Sp.:cificatior.a for Public Works Construction North Central Texas +IA 4 a`' as amended, and all addeedums thereto, and all other regulations, a dy`,` ordinances or specifications applicable to such Improvements, such specifications, standards, regulations and ordinances being ~Y expressly incorporated herein by reference and being made a part ,~,'t* ` of the agreement as though written herein. (b) Authority of Cit 4try i , E_ ngineer; Inspections Testa and `r CPI A ~ i Orders. That all cork on the Improvements shall be performed in a ~ A y n J a r ry good and workmanlike manner and to the satisfaction of the City s Engineer or his representative. The City Engineer shall decide ..1 questions which arise as to the quality and acceptability of x,~'. ..r + materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his %t~k~ y r representative with every reasonable facility for ascertaining 4whether or not the work performed was in accordance with the * K. specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered 1 removed and replaced at Contractor's expense. s Upon failure of the Contractor to allow for inspection, 'c4j } J 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 # x t~ r i PACE 3 y t , Y V 1 . ap~~' t Y r i p l - yl ,i .4 1 . n 1 lid d(. ' Engineer or his representattva, the city Engineer shall notify the owner of such' failure and may suspend inspections of such work w until such failure is remedied. If such failure is not remedied tl co the satisfaction of the City Engineer, the City shall have no ~wFK`"s ,y . ti obligation under this agreement to approve or accept the ilx~i § Improvements. ~ tt1.L RitF 1 " . ~ i' (c) Insurance. To provide for insurance in accordance with a`^ the insurance requirements applicable to contractors as provided , zn'~''~ {i+• M'+ for in Item 1.26 of Division I of the Standard Specifications for Public Works Construction, North Central Texan, as amended, the provisions of which are expressly incorporated herein by = E } reference; provided, however, for purpose of this provision only, "Owner," As used therein, shell mean the City of Denton. a" (d) Means and Methods of Construction. That the means and t ` methods of construction shall be such as Contractor may choose; 1 subject, however, to the City's right to reject any Improvements Vii" ~pV 1 ~ V ti~h i 1~i1K_ , for which the means or c,ethod of construction does not, in the judgment of the City Engineer, assure that the Improvements were p t r~ constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and flrw~ I Contractor cutually agree as follows: ~n << (a) Performance Bond; Escrow Agreement, That if building permits are to be issued for the development prior to completion l 1 p PAGE 4 1 1+ I IF j ley 11 1 1 r+ 4 , 1 !1 ~ '1 11 i~ ' .E It 1 1 ~•r: 1 1 ! a6tt.r It'q ;r rl L II pC and i.cceptarice of all Improvements that are to be dedicated to the ,y5 1A J~ public: a performance bond in an amount not leas than the amount necessary to complete t1~e Improvements, as r i determined by the City Englna,:, shall be L submitted guaranteeing the full and faithful l completion of the Improvements melting the apeci£ications of the City, shall be it favor of+ the City, and shall be executed by an approved surety company authorized to do business in the k State of Texas; or (ii) if the cost o~^+~ f completing the Improvements, at the e ,r time building permits are requsated, is in an A amount of $300000 or lees, as determined by the City Engineer, cash money in the amount necessary kk` to complete the Improvements, as determined by the f''rs City Engineer, may be deposited with a bank as f escrow agent, pursuant to an escrow agreement's' 1?' insuring completion of the Improvements. Without y±~~+,!; exception, the City's escrow agreement form shall be used. < <,S 4 f ' x (b) Payment Bond; Assurance of Payment. That prior to +l 4r t a it h+hI acceptance of the Improvements: k4+' Y (i) a payment bond will be furnished in an amount not leas than one hundred percent (100x) of the approximate total cost of the contract cost of the Improvements guaranteeing the full and proper fit{ ' 5ti protection of all claimants supplying labor and rk.,43t ,`i. h viterial for the construction of the Improvementsl, ~ shall be in favor of the City, and shall be axe:uted by an approved surety company authorised++ ~~~`I; to do business in the State of Texas; or (ii) if the total contract amount of all Im rovemerta is less than $30,000 and a payment bond has nt,t been submitted in accordance with (1) above, Owner and kA+' ' ` all dabeaaduarto agree and guarantee that any and { y r,' i F any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of Us V f PACE S5 r+; r h , ar.^ „ i I', 'i ' - .•~.*www~yllrY>~r'M1'.V4~391iSail~9'GR7~awrna~a-aa~ltAlrnr^ --M~, ° ,1 ~ i J ll r, r r 1 i , r~ t Al v ",T 1' , sly + L 'J s x~ 1 rv ~ Improvements by the City and that, or to aance of the Improvements, the Owner andriContractorepahall furnish a written affaeavit, in a form provided Dy th@"~,'~r,e City Engineer, stating that all Dias, Charges, accounts or claims for la,*)or performed and material furnished in connection with the construction of the Improvements nave been paid in full and that there are no unreleased r recorded liens filed against the improvements, or land to which they are affixed, that are to be dedicated to t+ ' the public. that, upon the request of the City Engineer, Owner or ".xLLa Contractor shall furnish a complete list of all subcontractors uho performed labor on, or supplied material for, the construction of the Improvementa,$ and, when requested, a written statement from any or 4 each of such subcontractors or suppliers that they have been paid in' full. , (c) Aetainage, Final Payments. (This - provision (c) applies ~•`i,<*`~ oniy where the Owner and Contractor are not the same party,) Tnat"`.N. t,, 4d` ~i 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 s a approval or acceptance of the Improvements by the City, The Owner ti~4,'~ fit ` snail thereafter pay the Contractor the retsina9ar only after Contractor has furnished to the Owner satitfactory evidence that all Indebtedness connected with the work and all sums of ieoney due awkq for labor, materials, a t. ~ I. pparatus, fixtures or machinery furnished for and used in the performance of the work have bee"i paid or, Sxi, otherwise satisfied, ~C (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the Clty, the Improvements shall 4 'A' PACE 6 't q"NM w..._.- . .mod . l , ;~F*A ~ r r I: M1 !!A I SS '•1 f ,d F8, become the 'property o! the city free and clear of all hens, J 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 s,+p I " , 11 Contractor shall upon notice by the city promptly cause such claim, lien, charge or encumbrance to be satisfied and released or ' promptly post a bona with tri City in the amount of such claim, } " lien, charge or encumbrance, in favor of the City, to insure t' payment of such claim, lien, charge or encumbrance. ,r (a) Maintenance Bond. That prior to approval or acceptance of the Improvements by the city, to furnish a maintenance bond In V 11111 v3, C form and substance acceptable to the City, in the amount of ten M percent (101) of the contract amount of the Improvements, insuring a, the repair and replacement of all defects due to faulty material t. and workman-ship that appear within one year from the date of k4 ' acceptance. The bond shall be in favor of the City and shall be fai; 1 1F, executed by an approved surety company authorized to do businsis in the Slate of Texas. (f) Indemnification. To indemnify, defend and save; R, harmless the City, its officers, ayents and employees from all suit,q, actions or claims of any character, name ar.d description 5 1 I I brought for or on account of any ln7urles or damages received as sustained by any person, persons or property on account of the tA+ ' "Al PAGE 7 1(u"? ~ i'~'~'R'MWtM'~71~'~IIl1iWMfMb:ew~•w~.... ~ , I I I r ( } l S.y`a.v,°9•ww}5~.1# ~ ji.'y(Y1~~~' rher`=31 L~ ~d1.~a`,• L ,x•5e ''/M rl ~P...wn; a _ h l I ti r T T +rk r L s ynpV 1 }J operations of the contractor, hLe ggenta, employees or sub- ►'rt;'+ contractors# or on account of any negligent act or fault of the 4s Contractor, his agenta, employees or subcontractors in construction aY, of the improvementel and shall pay any judgment, with costs, which may be obtained against the city growing out of such injury or S 'Lq i., damage. (g) Agreement Controlling, That the provisions of this agreement shall control over any conflicting provisions of any contract between the Owner dnd Contractc: as to the construction 'r of the Improvements, Y f, 3. Occupancy. Owner further agrees that owner will not allow any purchasers, lessee or other person to occupy any building within the development until all Improvements are completed and :?fat accented by the City, and that upon violation thereof will pay the N city $3,000.00 as liquidated damages, but such payment shall not w" be deemed a pyroval of such occupancy and the City nay take what- ' Ott ' ;•a` ever action necessary to restrain such occupancy. Covenants of City. That u %.a ; , , p proper completion of the Improvements in accordance with this agreement, the City agrees to . accept the Improvements. F S. venue and Governin4 Law. The , parties herein agree that this contract shall be enforceaole in Denton County, Texas, and ifFy. legal action is necessary in connection therewitn, exclusive venue PAGE 8 , ` 4v1~`ir r '«4 Y, r ~ s ~J w rg , k ~ ' ~~~y M wr r M1 shall lie in Denton County, Texas, The terms and provisions of r.t„ S ,t this contact shall be construed In accordance with the laws and r court decisions Of the State of Texas, 6. Successor and Assigns. This conteact shall be binding upon ~ „>(3 and inure to the benefit of the parties hereto, their respectiv, successors and assigns. k4'~ F t ; Executeo in triplicate this, 9th day of January ~ I981 ~ , OWNER Trinity united Methodist CONTRACTOR Same w + ' CI7U[Ch N" ~~9 a c ° Ir 4~ 1 r ~~+tp BY: A ( c BYE CITY OF DENTON$ TEXAS It ~ ' ITY MA AC e v~• ATTEST: 4 r ' N" CI Y SECRE Y t +ay,, LOT E AL C OP ENTONo TEXAS t., r.+ ~t * 1 4.1 APPROVED AS TO LEGAL FORMS ra DEBRA ADAM DRAYOVITCHo CITY ATTORNEY C+ CITY Of DENTONt TEXAS '1yk BY$ I ~~1 1 n y.' t o'. J, PAGE 9 ~i i~au'.~ rlrYrl CUSTOMER COPY CHECKING ACCOUNT DEPOSIT TICKET 10 ^ 111.1 1 DAZE -j'FttL~ OEPOSITEDWItH / 'I CENTS FIRST STATE BANKa CuFMENCV - - - - OENiON.tErA9 COIN ~ IMPORTANT - WRITE ~YOUR ~ACCOUNT ~NUMBER HERE u -----Ae 011 NAME / (M ADDRESS-_-~,.~r~fl e..ti X.+p~ TOTAL C IT Y-51 ATE ( i u ;r r ' ~k~~~ 4' ~F4 .y=A e.v Y.r , Ae ~hk~ 4.~.pt yi2'e'C,y/.yf tCl. a,. p i ,i~; w,t '....'x a 1:;; ,+t y• 1233E} gjA~lA7 Atir1( 44 I r 1 ~ ,1 ,1~' IG yl PROJECT NO. r+ A e€w Y f+' y CONTRACT NO. THE STATE OF TEXAS S ~ ~•y+! ',w~~ COUNTY OF DBNTON ESCROW AGREEMENT IN LIEU eSF'" K k` 5 OF PEPFORMANCE BOND ~afl w'}i (Development Contract-Improvements r k , of =50,000 or Less) rv WHEREAS, Trinity United Nethodict Church , 'l, hereafter y v yr . r as '3,rS' referred to as "boner", has undertaken to develop property ,,'r JJ~ '4 'i v rM~;yw Irtt.1 within the City of Denton, Texas, or its extraterritorial t ~ y J. ` 1 y S Iy 1 f f} '~~11:. T jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City ' 1. taw " of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water t! 4' a1. ~iy 1i 9 e`I "yy and sewer lines, drainage facilities or other improvements which 8re to be dedicated to the ~4 y lr ~°t 2 public, hereafter referred to as x t{+~i,~`^k~~} "Improvemente", are constrdeted and completed in accord.nce with +a•, the specifications, standards and ordinances of the City; sa,d~ , t~ WHEREAS, Owner wishes to receive building permits for saidf j' ' property prior to the completion and approval or acceptance of, a r #yr,j the Improvements by the City; and WHEREA3, in order to receive such building permits Owner`., r~ A may, where the coat to complete the Improvements is =50,000 or "*i ' f1r'`t 7 less, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not leas than the amount necessary to insure completion of said Improvements; I ~ n A , t ks , r r~M I M' ~ari pppi 4w .ytN;t1~1.CIF`F.Y'nr4Ti"~'A'~+?},~~~"~"""-... yypp , y 11 1, 1 I k,/ 1 t'{u l Il h ` _ I 16, fs8rF { I 1'' ' f ; r~ ~ t 4 '44C" 1 1 y ~ I y £ y?n Vt P F.~ S~ }it 4., 1V A Est ~',.R.. .y 1 ".e ~.Ij a:: ~9T.::`=4s 3y Sy it tk, 1 Zti ~ 1 1 s J yjr'' w 5 N•r. t gyp` w Cy , - f .X t7y. • ~t , r Itir A Fy v , ^}iN w, l e 1 N01J, THEREFORE, OWNER, City and hereafter called "Escrow Agent", agree as follows: •1,, t 1. Amount. Owner, its a condition to receiving building per- mits for property located at 633 Hobson Lane, Denton, Texas shall deposit the su bee, i aJ< t►1 fI'~Y v~ d~_ '~A v y`~q in cash money, with Escrow A•;ent, said sum being in an amount, as determined by the City, iecessary to insure y K, 'a r' AF completion of all improvements which are to be dedicated to the . 5 public; said Improvements being more particularly described in a ~t,so ;e that certain development contract dated the 9th day of > ' January , 19 87 , between the City, Owner and Own;r's Contractor, to which reference is made herein. '1 y f 2. Notice of Deposit. No building permits shall be issued 14 by City for the property herein described until Escrow Agent s notifies City, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with 4.,Y f 4~ Escrow Agent. r 3. Release of Funds. Escrow Agent shall not releas9 any or ' i all of the escrowed fuhda until the City Engineer authorises the Escrow Agent, in writing, to release ouch funds as provided for herein as follows: (a) the City f,nginear shall authorise the release all the escrowed funds when all improvements are`.,. PACE 2 d ^'1 ~ 1 P , Ey 71 ~wt~ '2rr , , 1g~;~1 ar',.. 2j Y~~,~ jd,;# 41 f ~ , V b T 0 1 pry. L'h Ir ~ i AA r tl~ ~ L rt, completed and approved in accordance with t't r I fz provisions of the development contract; the f,~'_ determination of which shall be made by the City Engineer whose judgment shall be binding on all \ p-rties hereto. o; (b) The City Engineer, may, but is not required to, authorize, periodically, the release of ki ;i ' specified sums of the escrowed funds to the fir` ti u Owner if, and as, the Improvements are completed and approved or accepted by the City Lt stages, ao long as the remaining funds not releasb, are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or k n ?4 y`S approved by the City. 3. Notices. Any notice to be sent, or required to be sent Y.. 1 or given under this agreement shall be sent to the address of the phrties hereto, as follows: `a1 CITY: City Engineer 213 East McKinney Y 9W Denton, Texas 76201 OWNER: Trinity United Methodist Church ~,Crhs~ 111,151 I! '.e i t~rti~ Y1,~i'.. ESCROW AGENT: 4. Feed. Owner agrees to pay any and all feca or costs t~l charged by the Escrow Agent in connection with this Agreement, f ; S. Nonliability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance t with this agreement. The Escrow Agent shall not be liable for b" any act done or omitted to be done under this agreement or in • o S~°. PAGE 3 1 •Y `Il "'tM~wi~.rvM.i+a.wn.rwa~WTMbMFwM~• , .r % If ~ ~A]"YhYa~.F~. "a.rw"e.e ,.S ~:...~..-a..: :'~.s~w!..wx..w'sa.'vs+i.'.:,.4 ]S:s,:.3:ei~.~x3k ."~~~'4CY4, s~).~Sx.~t'n • w~V_ v san connection 'with the amounts deposited in the Escrow Accounts + h " except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement yY '++1 arises among any one or more of the parties hereto end/or any other party with respect to the funds deposited in the Escrow,'.', :r4 Accounts the proper interpretation of this agreement, the duties* ~i. of the Escrow Agent hereunder or the rights of the parties to _ V ,T_yVHO~•.. this agreement, the Escrow Agent shall not be required to act and shall not be held liaole for refusal to act until the y k "fir s~ ° ' question or dispute is settled, and the Eacrov Agent has the absolute right at its discretion to do either or both of the h1 t following: Z~ !n) withhold and/or stop all further performance under'" this agreement until the Escrow Agent is satisfied,;;, ' by receipt of a written document in form and 1 substance satisfactory to the Escrow Agent and.`' + executed and binding upon all interested parties Yd~ hereto (who may include the subscribers), that the question, dispute, or disagreement has been fir , ~y~y resolved; or "l« (b) file a suit in interpleader &nd obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in the matte.[.,ra` b. Successors and Assigns. This agreement shall be binding i f upon the su,Asstors and assigns of the parties hereto. r! ' 7. Venue, The parties hereto agree that if any legal action z'~a4r is necessary in connection with this agreement, exclusive venue s~ shall lie in Denton County, Texa•. r, i FACE 4~d ur , pfN,•,,,.,,~._. _„+-~.«.wa,wwlUeil.E.w+rr n•YMVw.v...-_.. n J 4, .i [1:. f Y • 1 r r "d+r... •C.r~" a A~I.:n . _,..,c`m^~.;, i w, : ♦ F ~ n, .M a~ h.,L r~ ~ ♦ d1~,r a t y ~ fif 1 Y C i4'1, 14 y 1,` 'f fi t " i r! ."n M `11Y IN WITN$SS WHEREOF, the said Cf.t Y. Owner, and 'I ti- , 5.,, ~SCr061 Agent r •plk' ~~It,'~, have signed this Instrument this -L_ day Of `z.. ry CITY OF DENTON G 6 OWNER Trinity United met 1 hodirt Church t~Zitc~ wa , ESCROW AGENT: F.:,7` s~,~ r~,F Jf~"rc•'t 14 r r ~ BY: r Y t, dy, ' er, c 3 ri k' tir r 4 1 w i alp t ra qv"r Xy +~At. Tirti +yi+d, ~5~.. w rc , i +4 r iyy ft t i u it 1~~7 to l~ 1 ~~(p t~i~ t0 !'1q 1 PAGE S 1 tu♦ ~ n" ~ 1 t t ~.,.1 t f `i 1 P ~2 1 •r~ at i, i 'i' l v 6 •1 'i11 al-~ y ~i; f ~ l r l, b 1 J'' 1 J .t ~Mr 4 l" q l~ r rA + r'tC ! 1+'4 S a• ` , )r tti L~ ~,'1 ~ .'>✓Y~5 ire 1 j, r; ~ Y •1` "IA?~c1 i ir9 r ,~X p yaK .'fir „ } ~Llrl F Y. r } P F r Y q~ a +l Ay*J1 F ♦J lw 1 ~ ~lM1 s b a S%~, F. f 1 .y, f Y df s f ' - ~t .:ed~~p lS F . • 7. ~~,~if3 sk; "C Ilia x S4k1eXy 1'. ~eY ti~tr F 4A~x ~ :Y Fs 1: ~ 1 ~ •91 r r A IN.i z 9 k y. q;... F ~ 41 , qr w ` 1 V t ' ~r { n V - 1L a~.tM9SFII.'Ad►tl~51Rild%ili , v q RECEIVED , r '37 ' ?i 4 r t;; F 1( PROJECT N0. Q7.0 { CONTRACT NO.'~'. THE STATE OF TEXAS' DEVELOPMENT CONTRACT COUNTY OF DENTONf Whereas1 cy 4 i "j X= of hLUZelitaQ Dallas "Owner, ~~'`y's1 ' hereafter referred to as Vin" whose business address is All Nn A4nrd CY1,~00 ~nlles,_Ttxaa 75201 ' # r e 4 ~e is the owner of real property located to the corporate liml.ts of i Y,' st the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such development muse be performed in Accordance with the applicable is a r' M, A ordinances of the City of Denton, hereafter referred to as "City"; and qq~, Whereas, as a condition to the beginning of construction of r it said development, a development contract is required to insure that all streets, water and sewer lines, drainage facilities and $ ° other improvements which are to be dedicated to the puNlte, t% V, hereafter referred to as "Improvements," are constructed in r t accordance with the City's specifications, standards and ordinances; and ,fiy r (select applicable provision as follows) kirf r a ~'tr f Y Whereas, the Owner elects to construct the improvements Y without contracting with another party as prime contractor, inb 1 , ~w R , 7f p r ~ y "ti~; f 1 ,y' a , f s n r t a ~ t ? i ..1_.J A F x~~ ~ 1 1 r t ti ~ ~r 1t" . 1 ~ k \ Y~t~ y ~ y 9LS J t b~ryi ` D, n a ~p Fc 1 i - tai y~ t;5AI r Ma 1k « a v! V. ' r1 ! 1'~` S .rr[ty `n i Elrtri ,+a~ 4fT~Maa^' . 41a ${1 h " ~ {M ]]yy I ~4 5 n wl 01 a ` art d.. j I~ , I, ~i which cane the provisions of this contract which refer to "Owner" YP or "Contractor" shall mean the Owner, as named above; or fix}"' ~I'1Y lfiereae, the Owner elect to make such Improvements here- i, r. Je oe after set forth by contracting with B ;i -Public Company r r •r, whose business address is 0 Ae~ 2Sn _ naaton Texas 76202 _ a i`dF~ n. hereafter ? 10 referred to as "Uontractor"; and AV% Whereas Omer end ~ Contractor recognize that the City has an interest in insuring that the Improvements subject to this •v #(y~~.p~> '1 agreement, which will, upon completion and acceptance by the City,'.~9 r, r;5 4 ` become public pr:.pcrc y, are properly constructed in accordance with the City's specifications and that payment is made therefor; r,~ afv ,a I ~ " WITNESSETFi As to the Improvements to be dedicated to the public, as I,,% y,1 specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at y~~+ Aine.~Raad. &_i Lfoo~~ Street and im-rovements. 20, ,rq .rte, , ~y +y av tab " K ~p the Owner, Contractor and City, in consideratiun of their metual r o f, promises and covenaats contained herein, agree as follows, rs? 11 Covenants cl ~ f Contractors Contractor agrees as Eoilowos (a) Specifications. - To construct and install the Improve- sl_y ments in accordance with the procedures, specifications and , PACE'2 lyj, ~fY N 1 M-'TwT\d~-q►.»~AAI~(1Yi1.'.I1M-Il.ta-11~1MM'~MI.,-M~'Pn 11. i\wAYrw"w~. t , ' }Y•l I }}Iii 41 L'~ . { yy T jp ~ I 4~, } t r 1 r i i^ p I d, I~ t, ly 1. M. i 41 : .F r ♦ t i! 71 1[1 r H x,I Ny y ,1- sr y., i I f?i v ! , . ~t H, 1, ♦ y l♦ ~ 1 J , n l ? (i)+~ '"y ri _Iq 6 x 1 a r..6,y 'r!U x Fi ,i+r{)M ~A 4 rr n y Py'' ~l L 1 i - 5 J 8 Br iIS §~F. 1 9 JJ~ a' 4rod } 4~" lr 1 YI a ro 1 h W~r 1 i yy~~t .M1 standatd contained in Division II and Ill of the City's Standard kl' . ~~r9A ,L.'•ii~-a ,0 L i ,rk tk Specifications for Public Works Construction, North Central Texas +t r Yt~ }t as amended, and all addendums thereto, and all other regulations, t t<< ordinances or specifications applicable to such Improvements, such k k 1 4 r r ash ~r specifications, standards, reguluti^ns and ordinances being ,r, . d s ` expressly incorporated herein by reference and being made a part r 'r '3 14' ~.t;Y syt of the agreement as though written herein. X: 40 a° ""K (b) Authority of City Engineer; Inspections, Teets and Orders, That all work on the Improvements shall be performed in a .•ur;;;,'~J; good and workmanlike manner and to the satisfaction of the City 1'rY ' a Engineer or his representative. Tha City Engineer shall decide all j 1 questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of ~11E'"'`r~rt; ' ~s ~ i' R~`~;t • i c,l apacifications .~t Y ae , ~ 1 h d ~ , The Contractor shall furnish the City Engineer or his "r+ r /(b representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the y~II fie,, specifications applicable thereto. Any work done or materials s;r used without suita,bla Inspection by the City may be ordered ` removed slid replRced at Contractor's expense. 471 Upon failure of the Contractor to allow for inspection, V%t rh to test materials furnished, to satisfactorily repair, remove or 00 replace, if so directed, rejected, nnauthorited or condemned work )rA~ or materials, or to follow any other request or ordar of the City :a~4 h Gti r~4i~ .L, r~ PAGE! 3 ~A' h.. E r fat.• f 11% rt 7 7- : r 7J IJN, 1'' 17 -tJ p~Y?h~~`, pi~11,"1a5*1r~lf~.' l; • r ; . ~ ,y ~ 13illl~.{t ~ r ~ 1 S ~ 9)1. y '7~11~~ fC4 4~ ro ! , fry h , r t~4~ Y~i 1 3~S1V~ rT+l~'S t+ ~S1~.~ 1.a M1y1 ~1 Vy '~e1 t4i rh Z14~ r a JJti'aro Y~h' ,,'p. M_♦ tt ~r`} r ♦ i,h, h s 1'~ nr-0F~,~{~,' ~~~i~Jv„`.r.~t!•..,w"a l,t'a t}+5~, •'~;.'r .,ail 'ti vi,:_r ~',d~~.r_"~r,~~.#~a1 ,i .N., iya'.y+~ h~~(~.♦; it a h s~` ~ 1,' •A A • rT ~ P ,d , y ¢ , , ♦ - , t iv ♦ 1 ~i i, iL 5y~l~ Sf 11, X13 1 r r y~iY i} 't y ,'rw~ r rl II} f t h h h i • , e,1✓ l V ~,I N 1y, 1~ x'01° n'.,d by , 'lir~ k ♦ ~ t n ~~,`i •N n~~~~F th i}f r iyt YAP ,ILl.~ro Yr ~f~2~,.7 r I 6 •a5'~ ~ i.~" v~ 3f*i;~Yi t iL ~ 1 f / ' taay SF:'r ar. Yr~(' it' fi'd I ,3Gr 1'~ r' ( 3' M.~~ir w , ~a ~.1 r 1~ rt i. I r rl ~~'1 r, h t'jil :1:! 1: IN 111111 k 1 ~i1}yy A 1~~:' S Y Ai 1 'ii d!l£M~A r 't. ~ t C Y • }f: ti 71 5f:: 1 ' ti r 1 01 f' 5+" i 04k_r t Erfgineor or his representative, the City Engineer shall notify the Owc.sr of such failure and may suspend inspections of such work ~±I rhY; until such failure is remedied, If such failure is not remedied `'t N1> ~l~A Y _Y fl 11Yr~ to the satisfaction of the City Engineer, the City shall have no ;F` ;Vry e4taM~{ 1l 'ic+ obligation under this agreement to approve or accept the a+t Improvements. (c) Insurance. To provide for insurance in accordance with r r, f the insurance requirements applicable to contractors as provided ~3 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 rt^ reference, ) 0. c "Owner," provided, however, for purpose of this provision only, as used [heroin, shall mean the- City of Denton. and Method(d) Means s of Construction. That the means and methods of construction shall be such as Contractor may <CI 1 ' choose, Uti({Si j subject, however, to the City's right to reject any improvements w,. /for which the means or method of construction does not, In the ~"~ti~ l fy judgment of the City Engineer, assure that the Improvements wera constructed in accordance with City specifications, ; 2. Mutual Covenants of Owner and Contractor. ' Owner and ' t Contractor mutually agree as follows; kl (a) Performance Bond Escrow Agreement, That if building xy;' r parmits are to be issued for the development prior to completion ~i13rCr, rq l~ ° .Jtfi t. F r ° I PACE 4 Vr 5 r yl~°'Y 'j~'wr li ,ri ~ .•r ..t ~r I i ~c .A. (~Ji ~I JS ~i 4~ I F" r4 , 1y1( < v F . J ~ ' I s ai pi F~t ~L. ys F '1 °1 is ~,y ~ ry y/ t yIr `t1'Y ~ 4 x Tv ga~~Lt rr°~ fr>j!§~ ,Jy'~+y, ' " L t ' ~1~!.Y 1 r (y~ i X~ ,ry ( J~ ~{C• b ~ Y r' 1 f .^i 1~ Md +f [yyj{~ +V.~ 4 i~ 1 7.~ q~~~~ ~M ~yy, ~a tiyy"T~! ~IyyT,~r Ya iRr w."' !a ~ei~ rt - { , ~l~yt,"'{~'~L~ ~1dn 't`, t+ aJ "~r .~df;~, 2~,fi4~ .#St~r♦ ~~i ~ " I,., ~ r''f.r "tlF~r ~ + ik'n.3S ~ ti 1 { dl~ i1, yt ~~vy ~a ♦ ~ } ~ r ~ +a ~;a~ ~1~~f} \w~i. ~i L3 S.,b^'~ 't y ,i pe' LNL{ ( t;X f + a r M.~1 iy y i~v ra j 1J1, 'f'Mr IS'1 Ar-y' r i J r v J r , w ! ,rwr.l.r} ~ Vl ~d rr i r Y2 y,q(~! i f 3" 4 Y c ~i1n ti 1 i Sr b r i AA Z r, j 3 l r .a, A C~ t F NL ; , 100 1~ 31 RR +i X44 ir}Y `}r.. and acceptance of all Improvements that are to be dedicated to the ~ publics a performance bond in an amount not less than the . amount necessary to complete the Improvements' as t*+ i. determined by the City Engineer, shall be ii k guaranteeing uaranteeing the full and faithful i Vol com lotion of the Improvements meatiog the i specifications of the C+.ty, shall be in favor of Rt~ it ted by an approved the City, and shall be execu surety company authorised to do business in the State of Texas; or 'k (ii) if the coat of completing the Imptovements, at the time building permits are requested, is in an Shits. 1a~ amount of $50,000 or less as determined by they, v~ City Enggineer, cash money In the amount necessary r.; to comp iute'the Improvements, as determined by the City Engineer, may be deposited with a bank as " A' escrow agent, pursuant to an escrow agreement insuring completion of the Improvements, without rt,a < exception, the City's escrow agreement form shall ti,r be used. ti (b) peymene bond; Assurance of Payment. That prior to a~. dt+' S acceptance of the Improvements: (i) to payment bond will be furnished in an amount not bh`y' less th.tn one hundred percent (100%) of the ;,appro.t,tm+ue total cost of the contract coat of the +c t, Im rov!eents uaranteeir the full and proper +i protection ofall claimants supplying labor and z material for the constructioo of the Improvements, shall be in favor of the City, and shall bats executed by an approved surety company authorised r G F' to do business in the State of 'texas; or its+t,, (ti) if the total contract amount of all Improvements1 t," k+ is lose than $50,000 and a paymant bond has not been submitted in accordance with (i) above, Owner 1,,1 and Contractor agree and guarantee that any and ~r . i all debts due to any person, firm or corporation ` 4 M. ~ having furnished labor, material or both in the *i tir' + 'aa construction of the Improvements shall be fully Y paid and satisfied before acceptance of the gyp' k1 tr `t ,m PACE 5 ll r v r,N , f, "1L , K 1 t w 1 }rL t 4 r jyJ TY a, M Y 1+ y S+ r ! t y `~§;~+~.{i'(~,~ a4Wf M1 ry' , 2u v ~ t~r~ w. L ~~r "f Y t t rf r J ! r. El ' ~ • 7', l~yr~'`, ~N , 1 y ,£.lYr1 JI i~ i+aa .i ' a i ~ w+L L r'r+.~r~M1 '~~J J~4+'`t$,~t r'~i "KP1~ rot K rl ~~t g~f{~,-~'~ _ y ` 1n I r^' . ~ t L r r , J i a~. ~ Va `CAQAL} 'fY ~ Y~~''ifyN],{~', l+, r, f}~3~ NM { ~1 iv/) ~t 5} v )li ~i 1 w' 1 1 it + J P } r~,Z^t, yrL-tt~~ ,Ie, tA,,p~.%:, r yL. -.+5'E. .a ?H~,, a, U'~;4 •v~ S i'i..n.qS L,: , !c'. a . f. ' t ~ry'i^iv r , ^ rr... 4 ar,~.~r1a A/ . sal;"'Ae" 1 44 f, Fit t IV i-i ry y t erd r l i µ „ w o ai F i~ I S T 44. It ystd?~ L ~s; "sr9 k5'k "}^1 ,A .rv.. M bJ off all i '1 L S .tt 1 _ Y• ~L.11 .j, 1} f~ i,•., Y G rr ~f l 4 1 v ,14tliL ~4 ~ i~~ ~1Jh F r Ai I 1 a Mfr tl i J r ' i ~ ~ r . F ~ s < ~'..r t r k . } 9 r !"•,~ryt.'(F 1,R,~,y} 9 r', } i ~ )yt,4 Y p r"'+ r N.' Ir ( r• f y 1 i l~r+ " ''~I..Y x S r~l. y ~ ~ L l~ V 1 r,~a a ~ a"l~ ~6i 1 •1" r i ya 1 r4~ k 1 ? ~ ~ 1[ "#r Thy a'. r I ~ hi~'ll~ 1 v P~I I~N~ ~ ~~LYr y~~iY ~888(""~.'• t ¢ Improvements. by the City and that$ prior to acceptance M r;r, is rt of the Improvements, the owner and Contractor Shall furnish a written affadavlt, in a form provided by the City Engineers stating that all bides charges, accounts r; F or claims for labor performed and material furnished in Ii r~, # ;`xti connection with the construction of the Improvements N~ ` 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 toy' the public. :r . Tnae, upon the request of the City Engineer, Owner or Contractor shall furnish a complete, list of all subcontractors who performed labor l)n or supplied r~{'~ p; material foci the construction of trio Improvements, 4 SRI°• and, when requested, a written statement krom any orgy*, each of such subcontractors or suppliers that they have wH~?~ ik been paid in full, (c) Aetainager Final Payments. (This provision (c) applies t w4r ~Ct to °~~J r'RMR,~ ,h ttkt 44 only where the Owner and Contractor are not the tame patty,) That at security tot the faithful completion of the Improvements, .~r~3. °F4 t7 Contractor and owner agree that the Owner aliall retain ten percent fY „ r Inr i, , ~f gc, of the total dollar amount of the contract price until after final approval or acceptance of the Improvements by the City. The Owner Li a, a~ 7 snail tnereaftar pay the Contractor the retainage, only after ti~. Contractor has furnished to the owner satisfactory evidence than ty Y# ~ ~y MeS 31 S f ~ E 1: all indebtedneas connected with the work and all sums of money due ,NrIyp1~,4}}rr t #3 1. for labotp materials, apparatus, fixtures or machinery furnished tot and used in Us performance of the work have been paid oc r otherwise satisfied. „r rF; (d) Encumbrances. Tnat upon cumplotton and approval Of acceptance of the Improvements of the City, the Improvements Shall , rr,.~ ry 1 §'~i r rN y`s PACE 6 F! n~J'a ~y i f t i t ~.[i, P~ 4 ' 11ry .wnwIm"r.ra.,. ~j a r i d t 1 ~~.~~~"7 .,,~jrS1 rl F, rf~i< t 4~~~ ~ rIT , " r7i~ r :tr ~~5 , ~N 'r! ~ 9 . F n., y 3~R.~,I LS yt,,~,i 1JyrF 5,~4 }rr`r r1~.ie} tilr(r G.u t L,i , f la;:yr t ,ti55, f(~1 ii. r41Y~ n"r ~n t? ;w t ? t1,~ •F f ~ d '7.4 F ` T 1 :r ~ IJti TS';Fa,x''{tl,. ,wl .i c~,l ~,t{ ih. s{{'~i V r '-~",r ~5, a .a. IrSIr..• $ 4.~wkrrQ .r Iq v"r i ~ 7t` it J •.Y t\I i 1 ~~:~`M 7^"( 'y ~I l! w ~u~ ' l Y. 1 t~n~ C f ] C t e 1 ' ,r 1 •r I{i'~ l, ~.yn., ~ " ( al ~ F' ~'`F rif n'.I i. y r Ik I L:S irk#~A ti paY `b yha ~N ~ ~ ° ~ (f ~ ~ ~ l 1 , ~ I , 6 1 l 1 Y. + r ~ r R Y r ~ ~ ''44 la kk i u r t r ~ t' 7 i y ~ r 41 i ,N jF Y ~i~ly r t r } C r ~ili'L~ •~rr~ t~ p i 0 3 w 1 e a y 7 r l y r '}.F p 's 1 St " !}.,,~~,a lie +w'4~yy~ •~,t I u, , yy , `n' e I.:..~ }('~µ't i..~i S *Wa Y6 t vArt rrF' ~7, 1 t'~ n 'A r a ,s. rVr }Il' 1e it r P Y: r `y ~r;'~'~F'T ti j1 y 7P a p , F Psi .lati,~ S 1 e rl'Ir ° '`C 'S r. x ~"s r~~ t r1 l~ ~'°Y w 2 ` 1 tYa`° + ~ c.. !l~ > Y 1, N ~ v j ~ 7 .p~-.~~9.~ . r, ~ V. d'~ti~ ~ ~..1~` r r ,~~r k ~i~r`~ 9 k : I Y , r r M ~ r r9 T d , S rR' a') 's necome the *Property of the City free and clear of all liens claims, charges or encumbrances of any kind. If, after acceptance {F:r of the improvements, an ^1 RhT ' :'fi ~ any claim, lien, cnacSa of a ' ncumbcance is )LQ,,^fg`, Made, or found to exist, against the Improvements, or land 'p 1~ljk 1 r1 ~ 1 dedicated to the City, to which they are affixed, the Owner and r " Contractor shall upon notice by the city promptly cause such a~ claim, lien, charge or 'ancumnrance to be satisfied and released or 1~~~' Wyss promptly pose a bona witn the City in the amount of such claim, I,4y;;' lien, charge or encumbrance, in favor of the City, to Insure r 18 p'y'r k,,',, w4~ sa payment of such claim, lien, charge or encumbrance, 1e1 Maintenance Bond, That prior to approval or acceptance 4~k't ~ ~e~`• of the Improvements by the City, to furnish a maintenance bond ►nl,ti!^ tK form and substance acceptable to the City, in the amount of ten perZent 1101) of the contract amount of the Improvements, insuring r. ^~slr°'rf the repair and replacement of all defects due to faulty material }A,5 and workmanship that a~ A ppear within one year from the data Of ;r acceptance. The nori shall be in tavor of the City and shall be executed by an approved surety company authorized to do business's ,S ,c In the State of Texau. h < iE) Indemnification. To indemnify, defend and save ~yr~'~r i. harmless the City, Its ofticers, ayeats and employees trom all suite, actions or vlaims of any character, name and description brought for or on account of any Injuries or dantages received as sustained by any person persons or property on account of the S , (114 P t a 1 ; .`trg r, FAUE 7 ~~+t7i `~~~+rl z~ ~f°kT P^ .P ..^~~w+o.r~+,^w^~q~..~~wyiwnxwwar>.~wwow,~~Mf+sw~.r,.~ . y` r ~+rs 1.1 r, r; r l , , , r ar,,., ~ T • r'. , 1. ~ ° ill. 3 w .r t r r r( i^ ypr ~ \ Vi P Y r f t3 1 1{ M, JAN +Jl ~ , i'•Y P) f ~A} + t F i ~ 1 , S r 3 r rx 1 r P g a Y+~ 5S, i 1 e: i ~ t ~ v ' i 5 I~ ~k'~A ~ ~ e . ` r ~Yr(ire r't 8 3. S~ 4' ! ~4'~ m ~ 9 $a y., I v i r R ~ ! - Y P' t 41 rl, St ~ 1,1 l v Y ''`£'1~r. {l ~ ~ ' i~~ i• a S'~r: 'h `~"id N i l~. _¢X~r'.'~, tt v~`'t r ,iC. i~'~s A t.` bola' } •tn5 s- Ya 1.' Y ,p .e -i . t qq tv'F {{a 11 ,t. ik.'Il i1? i~ r AMAka (iv 1 .t ~ ' ~gt ry r F. w F } > a £t'~ 1`il b ~1 k - e i „II r opetatlons oL the Contractor, his agents, employees or sub- ~ " 4+u contractoral or on account of any negligent act or fault of the °tes Contractor, his ayenta, employees or subcontractors in construction„ L I, of the Improvementsi and shall pay any Judgment, with costs, which' I. a"tG 1 may be obt.tned against the Cie was''' " n.~y y growing out of such injury or damage, (9) Agreement Controlling, That the provisions of this 1Et, ~``s aye ayreement shall control over any conflicting provisions of any contract between the Owner and Contractor as to the construction 4A !a " of the Improvements. t rr'' 3. occupancy, Owner further agrees that owner will not allow "`t$2 any purcnasera, lessee or other person to occupy any wilding u , u~ 1~~b i:t within the aevelopaiene until all improvements are coi:,htated and i~•,i~~N,~,' I~< v, h~C'{w,n irr 11~ 0 a, accepted by the City, and that upon violation thereof %i11 Nay the City $3,OOO.00 as liquidated damages, but such payment shall not toe deemed approval of such occupancy and the City may take what- {V~~„ k ever action necessary to restrain such occupancy, t'p14- % Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to i accept the Improvements, S. Venue and Governing Law. The parties herein agree that this contract shall be enfotceaole in Denton County, Texas, and if legal action is necessary in connection therevitni•exclu,ive venue a'o ii 1 e 4t4Y;~, ~ C ~q9~ G PAU 0 ~ , r fit ~y 5, { , Y ,M.Mq'RF1Of#+#r1~w AV'IYIi}Mi~IN +,ew hl>'"."' 7w , , G ! r i~ sr.r}~kt ~,f' ~ t. 1 t it Lrw.a I t t I ' i y~ yK rt41V , P ~ b L, j' 1, bt j,' l,i ~ 1{oi ~G~^~~v 'i,sr?e7~" ' `,i~k.. t •,4 1 2 tag a , 4 l +f ~P )~y.e~, tit 4t r ra i p 'li 1q r y a - 16 t r } is ~ ry r , ~ !r , } J,~`'' 'K „ t r, it Aa~it i~` s{~ S r'.CV 1'YW rl~r [ „ ry~. s s~L r t t A ~t y. 1 r♦ a 5 a, d i"~ w~~ a SLR r Pe A,~ y St 'n.f nR tip 'i`ry,~~ ~v $tj 1 t 'P , t r V 1, a 1 1 r yiF+'i W.I: rSB ~tf "1J,,1 ~i , p r r S} ~r R M v. a n,ti 1 yyj `I L r a G n. A 1 i , II shall lie in Denton County, Texas, Ins terms and provisions of It Iw: ~ 9' , Ih f this contact shall be construed in Accordance With the laud and court decisions o t ~ f the Stets of Te~ae, Successor and assigns, t ,Jw Tzie contract shell be binding upon e~IS"+" q ~ and inure to the benefit of the parties hereto, their respective successors and assigns, ' r a , Ha^,Yt Executed in triplicate this, 16th day of arc !1 a ly gF s 1 s }+~4 OWNER I'y d CONTRAC'A:1R ~#t 1 YMCA of Denton Jagos-Public orpany h1~ y r °r<< 1 k 1 q y BYt a SYt s "}a' Bill Byrne - Proper i v KlzF "S3ta,t YMCA of Hetropoliten a la~~ent Director ill Cheek - V.-Prea.-Finance a~4, y d't ~t CITY OF UENTON, TEXAS ' Alk u 1 ~ i lar t~ k~ ' J. 'r ;7ltinl:.' APTESTt I w i C TY 'EC T ~kg~ . rl CITY OP DENT N, TEXAS~iri t ~yf ' 4 ' t APPROVED AS TO LECAL FORM: y, DEBRA ADAMI DRAYOVITC}i, CITY ATTORNEY ► raj hf ;y' r§' b CITY OF DENTONp TEXAS b~ t ~ r 1 , r- ~y t i t x., r~ ,y t BYt `r~ yfa del V PACE 9 ~'p((x Y, S fr . 1 ~~~+ww7wN1A11tP'All~ w www t w{~ C~S F~~A f ~-u i ~ewr I P?R .,ws.w~wA+-hnw~+~M~~f wa•wvr at ~~1 b, y n tr y rr"' i lr i.r l 1 ' e aid}.a alt ~ >y y ty'. tr w .'1 , I { ~ AV~~1 '1 r , r'n u S 1t ,sal:. t ~'~}i,l~'S°~~tiil~~.~p.i{°t' pifr~jh,,•.. JTa jRX~~~~" •tl ~t'r t ~ nl.'",,~, t~~'e!'"~ y SYI r.. .Sl,i r~. 9~ S rrl•: 7 { A n ~'r~ w ".rl f a 4 m~ n h . "a r, s r}~ tty i s"i t P4 . s~ a ~ N r " 2 ~ Y 1- y sr" ( 'v d 'ft~ "4, /pp~. r .1b rJ~ t ' ~ ; 1 I ° y to ti• ~I ry yy 2. ~ ~e~~~'V'~`I~.41'~♦~~ii lA~ .i~ 1 . Fn A i ~ .•tt ~h~, ~~3,~~p~_, I ,4.. ;`rte ~ 4 M1 t ' . I > > Apt ~ , ~ \ 4 v P a ~ i41 4 ,!'1~rtrr4 ~e , q d~ 1 r' ti tll , ' wx !w v 1*'- r'~r G f I{ a. t _I," : h tf >f ~,t ' a t,~y s + b~,, f, t, 1K. ~If~a S f THE AMERICAN INSTITUTE OF ARCHITECTS I\ • it If!I I,1~ :4,+ ,q1i '~1 ayr tl I, 4 4 ~rCs,~ ° ~ ` + i l 7~•yk wed i t ~ I ~kyp~ r ' e t o y k y , s°a°t5.. irk All Document A371 ~ f S~~q q , ~1•Y~flq S~ fJ' iy,~ U4 Performance Bond w q \ li y `9, ^t^ I ' . Oar I ~G qS A d: V' r y~r GI y 1+ it ,Y V qn. l f 1. :t . Iri ' k 10M, t KNOW ALL MEN BY THESE PRESENTS: fiat C Jagoe•Pub]ie Company Me It Ill" 1101 Al +dllk o1:4 of C"I'svn ~`R pflr P.O. Box 250 Denton, Texas 16201 as Principal, hereinaher called Contractor, and, rl +Y• 10 Ef r h f t{ tHlr, In,rrt lunr, W +ddmt ,r kyl Iltk ,I swnM la=',x ? a Seaboard Surety Company Mrh4~ q a. try'y, J~ r r AS Surety, hereinafter called Surety, are held Ind firmly bound unto ~ +sl'++ YMCA of Denton/City of Denton, Texas rH.r,MKnkn,,,T„nr,ee,«rv k„t„Ikaw.,n # tali ;i'r as Obligee, hereinafter cAlted Owner, in the amount of Twenty Eight Thousand Four tfl;,,, ' r~' V+ s4 tr~ Hundred Forty Eight and 45/100 ••III Dollars (S 78,448.45 a• , for the payment v`hereof Contractor and Surety bind themselves, their heirs, exectrI 1, Administators, C E_' t successors and assigns, jointly and severally, firmly by these presents, r r F f • „ , I WHEREAS e A,r tr Contractor hit by written agreement dated p p r i I 1: 19 81, entered Into a comract with Owner for ;aallo•1G. Riney Road Constrection including Excavation, Lime, Not mix curb gutter and sidewalk L,r~},.; "s in accordance with Drawings and Specifications prepared by tM,n Mfpl r.11 Milli, nd ,dl N kpl UII, N ArzAh«q t which contract is by reference made a part hereof, and is hereinafter referred to as the Contact. F,L"t °J AIA DOCUM[NT A111 • ORMANCI IDND AND lAirOR AAD tlA7talA{ rATMInt 600•0 Au 8 y c ' s, 111RUART 7170 ID.• THE AMtRItRrfCAN 1145717 It Or ARCHtICCTS, 7175 SIT, Avg „ N,w„ wASHINGTO!+_0. C. 10006 r~ W FV!' K sty t y rr 's . .~►,0.'INI►NAUStwROVw..i.+u..M...,.., t i 'Y et Ld ;y t 1 F+ Iq ~r r I,. t Ib.. # P~,++ i ya ~"'Y . rr ~Itld 9 r f ^ +I r, e yyntic.'G} r+ \~:i Or +'"j,t tl1 i~ k ap P " ; i'l/•. p ''AA.~ L,, [y y T 7 } I 5 S 'F~n , 9 7%,y f• 'T f d T r a : , ,d f .ie, d.lfa11, • , A s. # . , i ~1~~ t~ v~t l v'"''t11^l ~V.~S" r + ° "'f~4rJi i + ~ r r wl, rot VI ~ l ~ q, ~ '1a1~• e+ A rlyiy hr ~},l ` , ti ~+,y r.. ,~t`4~y 6 J yA I " j y, ~I r~x t' ' S . +1 a r v ,sr ! i" n[ 1, 1. f ~ w.' 7 ~ .fir.? r 1n J~x 9 jr Y r~+.r , r'r :r ~ ~ ~ +`~1'.~,~ „ ~ h,'. 1 .R % p ~r tit 11 , ; 11} Ra0. +at~~l J^[` i I. +d rxtr~fs ~,C~ ~ri~i'f r~'ri. , ~ 1, , a~S t.± JI j~ ~ v1 sr yfK ~'~~'S. ~ -Si, [ , Y ~ ~y. ~1 i i W 1,'. ~~yrt 1 f. A 'a 'J4 t t k • , a } 11 r m l q t 1 pe NO»', TKlalr0+l. THE CONDITIQN 01 SMiS Cb11~5110N is !u[h ;hat, it f:6nIr+CIP' t ,1 P O D' 1 + d +thfuR r1Orm• I°~ d r+ +,i. f 6ti♦ , said ~Dntrl Ct, then Ni DbhElt'On IhJ11 be null arid •O.d. Olht+wi4t It 11111 rfm/,n In full 10M Old ff^t!l 4'I The Surety filially Mahe, notice of it,) aLltauor, or ~~aanfed under N, D+ atS~+DhlrsuH cleat funds to D+Ytthe + aunlioa of I! me made by the Owner, cod 01, ccmplelicn less the balance of the contract price; S ; a t ff;t but ocl e.cceld", mcludln{ other cods and d+mlSe+ y 1 1 - and dell+ed by 0"1 Whenever contractor chili be, a for r,'1 n the Surer me), be liable he+eu^der, Ii Mow"! ~u~ a' to be in default under the Contract, the 0, the Sbauirnety rp •1 performed Owner! obligation$ thereunder, the yet torch In the first paagaph hereof, The lam "bdlncr wt S n Ity 0 may promptly remedy the default, or shirt P'Dmpth muntthlori e tot al a ff ount So wiled by thiparagraph, V Contractor 'rJ.; iAU payable Owner to n t under the Contract and any amendments therelo, less 11 Compfele the Contract in accordance with its remit the amount properly paid by Owner to Contractor, , 1), ; s bond must be lnstitultd before 1 ` 1 f f and conditions, of a fit` 11 Obtain a bid of bids for comptd;ns the Contact ill Any suit under [hi , ar* he apirJlion o. two RI 5 accordance with its arms and conditions, and uDDn d t ht from the date on which e• final ht pa}'rlrnt under the Conrad bets due. 3 1y , t termination by Surety of the lowest responsible bidder, 1 Of, if ISO Owner eltrts, upon determination by the Owner and the Surety jointly of the towed rer ontible No right or action shall ac;rue on this bond to of for p Iii't 1 ' y ft bidder, a7rlnee for a contract between such bidder and O tf of any person or cepouGOn other thin the 'a r s Ownel aMd eke livbebaedaNlfor ioirtises (e of +loaawc~rnhirlei" msof~he Onnerl'elecutors,adminlP of ucti 1housh there should xrcrs t ai=l . s~ C t ivtta~~. I t a r t y~ ~4tI~+ r ,l~ ` Jdi1 1 y ~ ~ I 1 } f 1• t tia~l { f '7r 5 ,~f tl , rib i't 4~#n 1 +r} 1;, I rrY~, t~ 3"ai.t+,y ief ~f" yr xti, raw"'a K} 1 T 13th Aprl1 1987'-a 'try~ 4 I: 1 . ' ~I. ~hd `,fya•t:} Signed III SCOW this day of Nall aY+• 4~;r .1 ~7 Ja oa-Public Comparlit ue Y ,i rrl[r}url ,x, I I I L~ fY1~N~. yy t+~'• t'ti' 'A 1 t , i 4• ~ f fi''TY FT "JE1iS Seaboard Surety Company f1300 pGU~l. rut, SU11E 7D0 a„rrg9 , DALLAS r(AIII i' 125 D+~~ f1o ryTie_ net ~lcn t yp ~st,RcSsS t I 1141rr11'r,T ~.15~--•~---~-~-" ~ rlr ' Attorney-in Fact Rosemary Weaver lit, ~pll ,f~,tr I, 1~', AfA COCUMl N1 Ait1 r PIIIf UtMnNCI b(1NV AND 1An11e~tAl fA7F+[\7 IUNP AIA I` N'ASK1N'GI ~ ~';1 y'4Ar } , «I INSI IT Ut E [N Ae p u I tCis, l7eb N.Y, Avt IN W., ON, D. C, 20D.1% It IIN VARY 111711 It) , • TKI AW OCAS ~l rri'fs' r+l J 10 p~y'1 )Id "'°T [ t ^ an % 1 I' 1 z , M IIJG.N.t ;5•F ' ' 2 t' r w lfl.If 1 a r ~j p e ' 1 f f 1 1r el y e y .%7 j 1~ 9 1 l 3if 4 R iI J ~I 4Sk k5 F I ` 1 ~ i' a ~1 r } ~ 1 • 1 '4i l 1 J L a ` 1Y1 ~ Vr~' 11 H , 5f ~ 1l~rrM M~ , ~ '1' r r. ~ y.~A ~Y a « Y t r ~ I tt, e Arj k 'u [ {p1Yp9yy. ~•`•S' H t i.~ ~vyc, ~k~,~y,.., • ~t 7p ,Y ~~~jL`7l S 5 1'. R~+v 1. r ~i~iL~'~tw~ Ft r~!'r yfl!'6 k'1 n,~ 5 ~ •'yP y Y lV ~I•i~'~ 1' d.5 .yyqq ~ JM 1 1 ' 1 •1 2 THE AMERICAN iNSTfTUTE OF ARCHITECTS ate`'`. t p~a^l 10I Ll~l ~ 1, ^ w♦~l ar tr~ ~iF 1 v I.1' lpS I ~t~rlt. AIA Document A317 y s k 1 Labor and Material Payment Bond ~ft,, THIS IOND a ISSVID SIMVLTANt OVStr WITH IttIOAa ANCI %OND IN W'Ot OI THt R O VA , DA'N'Lt CONDITIONID ON IMI FULL AND IA11H{VL IIRIORAAANCt Or THL CO%TRACI 1 r 9 r 11 k+' jr ' I n, , KNOW ALL MEN BY THESE PRESENTS: that (..'IHVe roan V1 M'nf ,ne e!a'ru a IIFO etle of eonn1twr7 Jagoe•Public Company riL ~s P.O. Box 250 Denton, Texas 76201ta f;. i~:~ ep Ct ` , as Principal, hereinafter caned Principal, and, } MFr iMr1I fvtl MM and ,Elrll, 1' IfI•I II III el {u4bl ~ I / M , I Seaboard Surety Company A~q as Surety, hereinafter called Surety, tie held and firmly bound unto iHrre In,en I.II Mmr ,+1 ,0o'ro o' lyd Id4 ,I AneAr~ ,r 'IIII YMCA of Denton/ City of Denton, Texas y„~~ Z . asth r , J' It; h«t• 1 10 as Obligee, herenafttr called Owner, for the use and benefit of claimants as hereinbelow deCned, in the z; , Twenty Eight Thousand Four Hundred Forty Eight and 45/100•••• ti tmount of a~ He's Unm a d4 mall Ie V Itnl e•.I,u of tee loer-,rl part 0011u3 IS 28,448.4$ 1, {`IrA1 i C' for the payment whereof Principal -•nd Surety bind themselves, their heirs, executors, administralors, ft ; t' •t. sE ' : successors and asstgns. jointly and severally, firmly by then Proemis, s k WHEREAS, 7 ,q Principal has by written agreement dated March 13 19 87, entered inio a contract With Owner for i Riney Road construction including excavation, lime, hot mix, curb 9 Al ~ 'yfr gutter and sidewalk 4r' r In accordance with Drawings and Specifications prepared by to • ~i r IHnr IMIn r/11 mTr Ind f6dfn r letd Irlf H AI<Anrol t<t~M1 ! J. ~ q4~ •I , which contract Is by referelce made a part hereol, and is hereinafter referred to as the Contract. tiI/ a ;r? r,rs~ 9=_ • c fir, a r,al. 01 1 of AI4 DOCUMIN'T A11t eIt10RMAN'C[ IOND AND LA609 AAJ MA7lAul IAYN3NT IOND - kA a •A~{,i i1' { I1IRUARY 1970 10. THE AMttle AR INSTITU71 Or ARCHIM11, 1711 N V. AVU. N, W., WA{HIN'410N', 0. C. 20Opa HF' j ~ I w I, I p,'°, +T I_ }~at w 'N. ~.r ern ~vr~.~w~a+wwarr ~ l ~ ' , ~ ~ 1 11 , V 1~ ~ fit{. 1 •rLVlf:adrefar r 1 1 a K + L~ 7t f a x~ X41 v f r `S ~ , •I ' F NOt4, ,«l1UOAS, t l CO40t,p4 Or Still 6tUCAUp4 d fu[h that if fnn(,l tka'I p,omDtit rake L•`mMt to ,II Est 1 cfaiminte as hereinafle' de6nrd, for all labor and pit l mtd 01 rrrsnrlabll rrqu~rrd for Wile in the pe foie. "•e of u r Coll then this Oblga [,On th,ll be %D,d, oll+e nt,Ge it $"$11 Ill in li 'c'" and ft tfl, fub,ttl, hOwt.ll, IO lip, t0" r A f~' ~fti. totting cond,lionsl }3y(ti l r ^ t, A claimant Is defined AN one having a drrct con• Iccuarl the amount claimed All the name of the w'o' t~ Ill with the Frill Or with a Subc On lraclor of the to %hom the malers wtit fwmshed, of for %KOM Principal lot labor, Ml or both, used or relsonabty the Work or labor was bone or performed. Such notate Not lot ute in the performance of the Col lace, shalt be served by milling Ike same by )rgiperIld mG! tabor and material being construed to include that pan of a tend ed mail, postage D'epaid, in in envelope Id-' water, gas, Dower, light, hell, oil, gasoline, telephone dressed to the Principal. OMner of Slants', at Iny place servile or Fall of equipment directly applicable to the %hire an office is tegulady mainlililed for the Irani- Contrail. action of busial, of sell in any manner in which t lll process may be served in the slate in which the r The Artie Hamad Principal and Surety hereby +foreu,d p'oiccl is looted save that such Son" nerd &Y It y; is 1 not be made by a public officer. jointly and severally' agree with the Owner chat elm ho has not been paid bl After the apirat,on of one 111 fail f0110il g the yrv k' y claimant as herein defined wid in date on ill hlniipal ceased Slott on sal'd COnllacl, r full brlolt the ft citation of 1 parotid Of Mill 1901• dots. after the date or which the lilt of wch caimani I it beirg understood, hormille" that if All Ilmilol on am. 22 t worn of labor was done or ptrlolmed, or Mal r+ls wale bodied n ihis bond it prohibited by ant' Aw .onu(''kng furnished by such ctatmdnl, nav File on this bond for the ionsuucticn hereof such bmi atiOn shat! be deemed ~ the use of such cL,mant, pru:earte tht suit to Oral to be amended to it to be Scruff 10 the m romum period ~1'#1 i r n 1 "ale, Judgment for such turn or sums It may be justly due of l rill Iion pe,m4led by such Iew. ) ' yfr , ; 'i r claiman6 and have ttecul,on thereon. Thr Owner shaft c) Other than in a start court of ctimpetenl Jurisdiction ;r not be liable fof the payment of any costs or efptnses in and lot the county or other Political Subdivision of t A b r• ' of any such suit. the halt in %hjch the Project, or any part thereof, is i4yl iy ; 1,s?. ^'1 'rt• i, f situated, lot in the Lill Slates District Court for the ` 3, No suit or a(lion Il ll be commenced heaunder district in which the Plojeil, or any part thereof, is sit. Ay yid fi+, by,arl, claimant: waled, and not el"uhere. 4,)x pp, a) Unless csdmanl, other thin one having a d tart }a +t contact N'ith the Principal, shall have given vi e. The amount .of this bond shall be reduced by and E1xt1$4 *t:, notice to any tNo of the following: the Princpal, the to the Client of any PA) print of payments made in good Owner, or the Surety above mined, within ninety 190) faith hereunder, inclusive of the pavmtnl by Surely Of alt 1k w, 1 days Allot such ttaimant did or performed the last of mrcharca' Lens which may be fired of record against the work of labor, Or furnished the last of the I'll Said lmpfottment, Whether of not claim for the amount f~ f r for which said claim it made, seal rig with sublttmial of such ben be presented under and against this bond. 'f Signed and sealed this 13th day of Apri 1 19 87 « ht , r _n~~fr Stir ~ Y. o G 11?1 , ~+r tote it r1 J41', ' It• Jagoe-public Com anrl,'r r+: • ~ rrnt.j+dl Ikitl ~ t ~t r r t ~ > k'i; I A.{btrr , P ~11 ' vI G~~'+ fNSlntNi r y Sl~IT - 't°i, Y ✓ ~ ~ 1 yC ' r7Nk.J 2~ r~F[ ' i y' ,rw CORR,nQ'f b L r _r CrMy R'lliERS , pR rl: 830J UC.; T E ; OU u. 5eabcard SureE Com an UAI.I?S 1l Xl" r... ~i` Oil!yl - IWO, kf`.7 } Tel 14141 « rtYrln, •.V j]d.dS.1JL-lLi /A ~p n ' ~f lea Rosemary Weaver Attorney-In-fat: AIA DDCUMtNT Alit • 11IAII/NMANCI tO4D AND 1400 Al hill rAYA14e A,ND ' Al d y t AM AI 'Ala'I4ST 11Ulf Ur AACMITIC1y 7711NY Mt.,N W.,NASWh(Ap4, D. C. 7rKgA }',Y 5 ' +l7R~r e AMYL 1M ! C hr •t • t 1 IYAIriW1FMi~rtA~pYd1R~CFY~OMW/O4TpWw,F~MVa""~~~ „'1 r PV} - 1 , may. ' ,l t 5 ` n ',11 f In v? t 1 i•"rrt l". n a~, +rr lttliltrAaesfr - ~ s ~ r„ , 000 t ~ ~,ir j A' yv' A i t''•' 1~S rya a~, . o a y h y 'i L ,}°R Z 1 a~ ~t l 4 IM YL %I~xy iy,h, L, y 4.~ / ~ yr*.e,A 1 4ry, 1W,. wiP SA ~aff c DUAL OBLIGEE RIDE i (TO BE ATTACHE2 TO BOND AT TIME OF ISSUANCE)r' J~ st Performance A Payment TO BE ATTACHED TO AND FORM PART OF Z1 r~ k Bonds N0. 124 73T- - dated concurrentdY p th the execut on of this Rider, issued by the"= r`de wi Seaboard Surety Company , es Surety, on behalf of ag--- u c ompany as Principal, and in 3Ia{ ~ti,", "-PACA-oi D"en own favor of_- as oblidess. y c, _en on g ty~t, ~a~v IT 15 HEREBY UNDERSTOOD AND AGREED That the above described bond(s) { are hereby amended tt include the following paragraph$ Nstwlthstanding anything contained herein to the contrary, t11 there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or tither of them unless the Obligees, or either of them, shall make payment to the Principal, or to the Surety in case 1t arranges for it completion of the Contract upon default of the Principal, strictly 1n accordance with the terms of said Contract as to payments, !?d shall perform all the other obligations required ~~1'+,~r~ ',yA to be performed under said Contract at the time and in the manner therein set forth. w, e ire. IT [5 FURTHER UNDERSTOOD AND AGREED that nothing herein contained >'x . h ra" shall be held to change, alter or vary the terms of the above Cescrlbed bond(s) except as hereinbefore set forts. ril N, 51,NED, SE~LEDO AND DATED this + lath day of _ P 9 Y, ~ S? tt i,. .fagoe•Pub11c Com any r; •p',`r ~ , ~?r nci a y~~~ ~n~°1 ~ E'~ rr^1TY f0'+VERS , COii, SE 7GO ow D Xh Seaboard Surety Company i ` .2 1U0 ~7 'fir, 1M° ry er Attorney• A. act a~ d,a T ~~~5f 4 f ; a r " X11 ~ 4 a' b E. I Y ~,w.r a..,., n,............,+... ww.na.rA+wwawti+«w....,.. »-».....~°„`~wrAl11i+1`M7aK+ M.• 4/', "r OV 1 ~ , I w 1 I ' I f'll(11 ~,k l~ . ly.ro,. y. I~ ~ 1 1 1 • 'f J1 1246 CertfliAd,CoDV SUBOARD SURM. COUVAN • No. 1626 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATtORkEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a ewyoration of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Wi !lard Crotty or James N. Powers or Peter A. Rush or William G. Xlingman or Orvil B. Coborne Jr, or G,E, Easley or Rosemary Weaver of Dallase texas Its I rue and lawful Attorney-in-Fact, to make, execute and deliver on b behatl insurance policies, surety bonds, undertakings and othaInstruments of slitinature as follows: without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-In-Fact, shad be binding upon the said Company as fully and to the same extent as it signed by the duly authorized officers of the Company and sealed with its Corporate seat, and all the acts of said Attorney-in-Fact, pursuant to the authority ' hereby given, are hereby ratified and confirmed This appointment is made pursuant to the lollowing By-Laws which were duly adopted by the Board of Directors of the said Company on December nth, 1527, with Amendments to and Including January 15, 1982 end are atilt In full force and effect: AprICIE Yu. SECTION t. saWts"I edmtnts of surbil under, irtria tndertmimp and Instrum nt% r"Ole thwrsa, policies bo srreeoenutneat, VneoianIcaD~ic;ea,bOnda,+ecognwfKfi. ehputatrone,eonsenh oleunry and un0orwrging undo rtditvgaoi the Company, Irtd rt4apa preeme~fs and other writings relating in any ,fay ihartto Or to any Claim Of bas thereundr, ,hall be signed M Ma name and on behalf of (he Coring Inx (ai bylho ChAlrmanoilha BOard, the Prude avice-Prelidenl oraAaldent Vice-Presidenta byth eru~bayntsClNirm a rre eBCad.mt f secretary or a Resident Assistant Sacretilry or (bi by an Ancifney-In-Fact for the Claapeny appalnnd , PlHidenl of x Vlcti-Preadent 10 make Such sigrsture, or Sol by Bun other Officers or gpreeentahves a the Board may Irony time b time Warming x 1 The seal of the Cvrep my Shea if approlifed be affixed therel0 by tiny Such otticar, Anortay-m-FIC1 at representative" IN WITNESS ~ dWHEREOF, SEABOARD SURETY COMPANY has caused these presents to be r,lg:led by one of its Vice- ; Presidenta, aS iWcoMf Bate seal to be htreunto affixed and duly attested by one of Its Assistant Secrtlaries, Shia . 24th' day 0f " P,. er. _.85.:, '19- Attest; rr`y SEABO 0 5 RETY COMPANY, 's ~ 1921 i y ~Q.• n' ~x~j{ e (Seal) a'J"4 l a • ,~i.uo ,cerreirdent gNxc+• AttibUnl Sscroltry STATE OF ew JERSEY ys t COUNTY OF SOMERSET 19 BS before me pen pally appeared 24th da of SePtemblar a Vice President of SEABOARD SURETY COMPANY, On - I a pel allyaCeegan with whom I am personally eCquainted who, being by me duly sworn. said that he resides in the Slate of NeN... Jersey that he Is a Vice-President of SEABOARD SURETY COMPANY, the corporation described In and which exeeulod the foregoing ! Instrument; that heknovisthecorporatesil iofthemidOompany;thattheseataffixedtosaidInstrumentissuchcorporateseal 4. i that it was s0 affixed by order of the Board of Directors of said Company; and that he signed his name there to as Vicel-Fresident of mid Company by like authority. `r!~+ S FELICE M. CATALANO . . ,f: (Seal) NOTARY OF NEW JERSEY My Commission ission Empr lone 4, 3941 Notary Public C E R T I F 1 C A T E 1, the undirsumed Augtarit Seeslary of SEA BOARD SURET M COM PANYdo hii certify ihat the orra nel Po,rtr of Allomey or which the foregoing,a a full, true IM Correct Ci a in full IOM and elleCt on the date 01 this Certificate end I do further Certify that 1M Vice-Pttadent who txeeulad rho as d POWer or Attorn4y waS off 01 the 0111Ctr1 author led by the Board of Dlnctra Id appoint an ottOrneym•bct ae DrOrked In Arlich VII, SeChon 1, of the Ey4ew's Of SEABOARD SURETY COMPANY. •t rhn Cemlkeale mly W Pppned and scaled DY facsimile under and by authority a! line following resvlutiort of tan Erecvllve committee at the Board of D,reclon of SEA90ARD SVIARM COMPANY at a rtiaerng duly called and held on IM 25th day of March tiro t "RESOLVED- sal That the use of 1 primed ISCS mi14 of the c0'p4f►te 1441 of the Company and 01 the eignaturs of an Allii Sercredry art any certification or the COFMCIP p of a Copy m an mit umanl axecuted by the Pr►aldent or a Vice-Posidenl ptrnuent 10 ArbCle VII, Section 1, of IN 9y'lorn - Appointing and sulh0ruing en alialney-in-foci to Sign in the name and am behalf or the Company ouivy bonds. widerwnling undertakings or WNr f ,netrurients described in Hid Article VU, SadiOn 1, wilh like @"KI is a luCli pool and etch oiltmi l had been manrill affited and Milli hereby is , ' aumoritad and approved d and Mixed the corporate seal of t Company to these presents this * 3 have eunt0 eel my hen IN WITNESS WHEREOF, er day of . ~..r ,19C 1 a f VAC tt..^^..IIC...JJ„poll"..) try rt nrfrgl ,ill ri^, Ire.. l' A.. . pl r , r r r, V r P. -.1' ' 1 11 111` 1. n I f [ ~ f ~~~~~-,.~...p,,1Ur1'A7aeew4.at w,IrNYAiir'ek'a-.+irtisiA~4 rr'~wed~ r • t 41 kp 1 y 4 ` _ 4 ~Yt, 4 r , 'r Fq „may 4 fi kil. x~ TO: Denton Y.M.C.A. DATE: 4/10/67 y1` , We propose to furnish the necessary labor, material, equipment, apd ~e incidentals to construct the following work in accordance with the plans .r~ t 4, s, and requirements of Nash & AoSOc. Engineers and the City of Denton. ` L; nz % Description cif work; Excavation; Lime Stabilization; 6" H..N[A.C; 24' Curb 4 y , 6 ff and Gutter; 6" Conc. Flatwork; 4 Conc. Sidewalk YIN' Loemion: Dentun, Texas t %r Quantities and prices: Excavation S' ` ! k r k5~` r' Ps•+, 4 V, Lump Sum • ; 2,500.U0 ~i t Lima Stabilization w $13961( 1,788 SY z 31.79/SY • $ 3,200.0U y4~, 6' H11AC o 58,75/SY x 1,439 SY x 38,75/SY • 3'12,591.25 24•' Conc. Curb & Cutter w 55.40/LF 601 LF x ; 5.40/LF 4,325.40 6' Cunc, Flatwork r 32.75/SF 104 SF x 3275/SF • $ 266.00 4' Canc. Sidewalk a 51.72/SF''4'': 3.224 SF x 31.72/SF - S 554528 =~/~J =ta p`:` Project Total • $28,448.45 0 4`"' w, 4a Prices based an construction being available by 7-1-87. Fur your convenience the above quantities have been estimated. `si y s ~xs rq However, this proposal is on a unit price basis with payments to be made d e' f~ on the actual measured quaruties of work completed. X I~~„', On the last day of each month, partial ':stimates shall be prepared .,trti' ` l including all of the completed work plus all of the material on hand fur the i,', , uncompleted portion and shall be aid in full not later than the 7th day of 'i i5 the foiluwing month. Final estimates shall be prepared immediately upon y l compietiun and shall he paid within 10 days. A11 estimate! not received on s d,^~ due date shall bear interest from due dale until date received at 18% per wy t;' W° annum, or highest legal rate. :t It is also agreed by ' both parties to this agreement that an any and all kXr costs of litigation to obtain monies due contractor shall be at the expense of b* i the owner, and the items ingtalleC under this proposal remain the property " of the contractor until the contractor is paid in full. This proposal is also based on all engineering, grades and alignments being furnished by the owner, together with all necessary permits from the s City, County, State or other interested parties. All necessary testing will be paid for by corner. Your acceptance of this proposal by signing and returning one copy to w ~rJ: us within (10) ten days and the approval by us cif your credit and arrangements to pay, will constitute a contract between us. This proposal- y is subject to cancellation if a National Emergency or other activities should st: cause materials to become un•avrilabl^. " rk< tr aetor) Wvyt. ACCEPTED- (owner) JAGOE•PU6LICC10k ai 1({G, d p~vts l3y:~ rly: P 1 W,x Title: 1 Title: 'r:a (i►~.'. i+t.¢.: sq"3+4~v C. N.u~i.9r.,+. :ai.: ,y.y_..e f, .v„ 4, ~ - ly , r~ - 1 : + ql y~ {r Y sx R ~ 11~ j 0 ( 1 Y arr. wr d~+ i ri~ `4'4♦ ' 't, ♦ ~t 1 d} A t !.P 1 ~St ~ 3~IPf rr ; ~F f y a # 0.i r~ ei Ia ny ~ ~ .rA ,}7 1rr r < ~ yn e M1 l r i ,Myo r'~r 1r la(♦?~. TI~~A r i J~ P ' 7 jf " i S ~.r a yl ~ 1 p, n ' ~ ~ rq,~A a,rn,ai c~~`~S + is a • ~~~~~~P~ '-.t~. a i ta1" r4r "r"i~ph COOML t . ~ yr ..~wlA'nyR..xhn w.wiArr.w..r•.n..-.-..-- .."nU it r 3 ra a Apr 9 Y r ,I'h { t._ 4 Fr rip c. + d fi yp~9 i'~ {,Y~ Ey hE F''t r~~ r ~...i`,Wl'.i i'd~_... a~ ..%u _.r.+\a~h.1~i-LU~~~~♦ V r 'r...Y , ~ t ^ , w v F , u , Gv7 cell` ^ x ' 1 YM~ r C .r ~ i'Va'r ~ Jt F x o, END v5 t issF M~yr 'u r " ✓gx i 11 S r~ ytr,, FN i ~ 3tfR7 ,1, 1. 1x1 ~l. 2 c Y~ ' a x+ ! Yi y ~S~ o f 4t..' Fi'r440J ~e '1 2 fx' . e r'y F,~ r ~'+TM r 7~ r + r r r t. t .'vF xi ~xtf ,rte---- c "w tye* : , r -