HomeMy WebLinkAbout1988 DEVELOPMENT CONTRACTS
21931
PROJECT NO. ,4
CONTRACT NO. 4,X--ry
THE STATE OF TEXAS S
DEVELOPMENT CONTRACT
COUNTY OF DENTON S
Whereas, American Service Centers Inc. 6 Seventh Day -Adventist Association
hereafter referred to as "Owner," whose business address is
5215 North O'Connor Road, Suite 570, Irving, Texas 75039 ,
is the owner of real property located in the corporate limits f
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
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development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
"City"; and
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to Insure j
that all streets, water and sewer lines, drainage facilities
and other improvements which are to be dedicated to the public,
hereafter referred to as "Improvements," are constructed in
accordance with the City's specifications, standards and 1
ordinances; and
(select applicable provision as follows)
Whereas, the Owner elects to construct the Improvements
without contracting with another party as prise contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
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i I x I Whereas, the Owner elects to make such Improvements
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hereafter set forth by contracting with American Contractors Inc.
whose business address is
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5915 North O'Connor. #570 Irvine Texas 75039 , hereafter
referred to as "Contracto:"; and
Whereas, Owner and Contractor recognize that the City has
an interest In insuring that tha Improvements subject to this
agreement, which will, upon completion and acceptance by the
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City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
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made therefor;
WITNESSETH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at _ the corner of
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Cnfnrwdw Alvd wnd Cads Court-
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) Spe:ifi_cations. To construct and install the
` Improvements in accordance with the
procedures, specifications
and standard contained in Division II and III of the City's
Standard Specifications for Public Works Construction North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
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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
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Orders. That all work on the Improvements shall be performed
in a good and workmanlike canner and to the satisfaction of the
j City Engineer of his representative. The City Engineer shall
decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the
Interpretation of specifications.
The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining whether or not the work performed was in accordance
with the specifications applicable thereto. Any work done or
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j aaterials used without suitable inspection by the City nay be
j ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
Inspection, to test materials furnished, to satisfactorily
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repair, remove or replace, if so directed, rejected, unauihor-
Ited or condemned work or materials, or to follow any other f
request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
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s may suspend inspections of such work until such failure is
remedied. If such failure is not remedied to the satisfaction
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r of the City Engineer, the City shall have no obligation under 1
this agreement to approve or accept the Improvements.
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(c) Insurance. To provide for insurance in accordance
with the insurance requirements applicable to contractors as
provided for in Item 1.26 of Division 1 of the Standard
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Specifications for Public Works Construction, North Central
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Texas, as amended, the provisions of which are expressly
incorporated herein by reference; provided, however, for
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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
s.. not, in the judgment of the City Engineer, assure that the
s Improvements were constructed in accordance with City
specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Agreement. That if E
building permits are to be issued for the development prior to !
completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements
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shall apply, unless the development is a "one lot development,"
as defined by City's Development Code:
(i) a performance bond in an amount not less
than the amount necessary to complete the
improvements, as determined by the City i
Engineer, shall be submitted guaranteeing
the full and faithful completion of the !
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Improvements meeting the specifications o£
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business In the State of
Texas; or,
(ii) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of $50,000 or less, as
determined by the City Engineer, cash money
in the amount necessary to complete the
EnImprovements, as
may be deposited determined
with a the City
? escrow agent, pursuant to an escrow
1 agreement insuring completion of the
Improvements. Without exception, the City's
escrow agreement fora shall be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(1) a payment bond will be furnished In an
amount not less than one hundred percent
(1001) of - the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, shall
be In favor of the City, and shall be
executed by an approved surety company
authorized to do business In the State of
Texas; or,
(ii) if the total contract amount of all
Improvements is $50,000 or less, as
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
j payment
accordance wtthas not been submitted in
(i) above, Owner and
Contractor agree and guarantee that any and
all debts due to any person, firm or i
corporation having furnished labor, material
j or both In the construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the improvements, the Owner
and Contractor shall furnish a written
t affidavit, in a form provided by the Cit
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Engineer, stating that a I I 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 unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public. -
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
(c) Retainage; Final Payments. (This provision (c)
applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
retain ten percent of the total dollar amount of the contract
price until after final approval or acceptance of the
improvements by the City. The Owner shall thereafter pay the
Contractor the retainage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness 1
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connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
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used in the performance of the work have been paid or otherwise i
` satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
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liens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, oc 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
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promptly cause such claim lien, charge or encumbrance to be
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satisfied and released or promptly post a bond with the City in
j the amount of such claim, 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 City, 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
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
in favur of the City and shall be executed by an approved
surety company authorized to do business In the State of Texas.
(f) Indemnification. To Indemnify, defend and save
harmless, the City, its officers, agents and employees from all
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suits, actions or claims of any character, name and description
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brought for or on account of any injuries or damages received +
as sustained by any person, persons or property on account of j
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
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the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
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i with costs, which may be obtained against the City growing out
of such injury or damage.
(g) Agreement Controlling. That the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
construction of the Improvements.
3. Occupancy; One Lot Developments. Owner further agrees
as follows:
(a) That Owner will not allow any purchasers, lessee,
or other person to occupy any building within the development
until all Improvements are completed and accepted by the City,
and that upon violation thereof will pay the City $3,000.00 as
liquidated damages, but such payment shall not be deemed
approval of such occupancy and the City may take whatever
action necessary to restrain such occupancy. {
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance
j with this contract.
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4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
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to accept the improvements.
5. Venue and Governing Law. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
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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 assigns.
Executed in triplicate this, day of ~t^Tia6E.l~ 19"
OWNER CONTRACTOR
BY: BY: :5y117g-!r,4-6
1 American Service Center, Inc.
Lev der on, ?ta aging Venturer CITY OF DENTON, TEXAS
BYi f
eventh Day Adventist Assoc.
DEPUTY
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I ATTEST:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
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Nshim..swrrk l farK. Inc.
Engincrrs • Manners
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30 Union Sta6wi • Dallas, Tt%as 152112 • 214 NR-640
I October 19, 1988
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Mr. David Ayres
Assistant Director of Engineering {
j City of Denton
215 E. Mckinney 1
Denton, TX 76201
Dear Mr. Ayres:
We have reviewed the attached document. We believe that the
construction cost is adequate for small quantities for this pro-
ject. If you have any questions please call me.
Thank you for your cooperation.
Sincerely,
Mikhail Fruntkin, P.E.
MF/tde
Attachment
87338 "
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1233L
PROJECT NO.
CONTRACT NO.
{
THE STATE OF TEXAS
COUNTY OF UENTON ESCROW AGREEMENT IN LIEU
OF PERFORMANCE BOND
(Development Contract-Improvements
of $5U,000 or Less)
WHEREAS, American Service Centers a Seventh ?ia Adventist, hereafter
sociation
referred to as "Owner", has undertaken toAad
evelop property
within the City of Denton, Texas, or its extraterritorial
jurisdiction; and
WHEREAS, Owner has, pursuant to the ordinances of the City
of Denton, Texas, hereafter referred to as "City", executed a
development contract to insure that any and all streets, water
f and sewer lines, drainage facilities or other improvements which
are to be dedicated to the public, hereafter referred to as ' i
"Improvements", are constructed and completed in accordance with
tue specifications, standards and ordinances of the City; and + Jf
j WHEREAS, Owner wishes to receive building permits for said
i
property prior to the completion and approval or acceptance of
the Improvements by the City; and
WHEREAS, in order to receive such building permits Owner
may, where the cost to complete the Improvements is $50,000 or
less, in lieu of posting a performance bond, escrow cash money 7
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with a bank as escrow agent in an amount not less than the
amount necessary to insure completion of said Improvements;
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NOW, 'PHEREFORE, OWNER, City and p` ~,~flrP Awns nPn~„
hereafter called "Escrow Agent",
agree as follows:
1. Amount. Owner, as a condition to receiving building per-
c
mits for property located at the corner of Colorado Blvd and Sadau
~ Court
shall deposit the
sum of thfrt thousand dollars
30` 0D0 oo in cash money, with Escrow Agent, said sum being
in an amount, as determined by the City, necessary to insure
completion of all Improvements which are to be dedicated to the
public, said improvements being more particularly described in
that certain development contract dated the 18 day of
October , 19__U_, between the City, Owner and Owner's
Contractor, to which reference is made herein.
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2. Notice of Deposit.
No building permits shall be issued
by City for the property herein described until Escrow Agent 1
notifies City, in writing, that cash money, in the amount
specified herein, has been deposited in an escrow account with
Escrow Agent. {
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3. Release of Funds. Escrow
Agent shall not release any or
j all of the escrowed funds until the City Engineer authorizes the
Escrow Agent, in writing, to release such funds as provided for
herein as follows:
E
(a) the City Engineer shall authorize the release
JJJ all the escrowed funds when all Improvements are
,
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completed and approved in accordance with
provisions of the development contract; the
determination of which shall be made by the City
Engineer whose judgment shall be binding on all
parties hereto.
(b) The City Engineer, may, but is not required to,
authorize, periodically, the release of
specified sums of the escrowed funds to the
Owner if, and as, the Improvements are completed
and approved or accepted by the City in stages,
so long as the remaining funds not released are
sufficient to complete the construction of the
remaining Improvements which have not been, but.
are required, to be completed and accepted or
approved by the City.
3. Notices. Any notice to be sent, or required to be sent
or given under this agreement shall be sent to the address of
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` the parties hereto, as follows:
j CITY: City Engineer
215 East McKinney
Denton, Texas 76201
OWNER: ~ j
ATsrican Soryi conform m e x seventh Day Adventist Assoc.
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r 15039 #
ESCROW AGENT: ~
Fir■f Sfntw N■nk
101 S. Locust. Denton. T: 15201
f 4. Fees. Owner agrees to pay any and all fees or costs
charged by the Escrow Agent in connection with this Agreement.
5. 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
with this agreement. The Escrow Agent shall not be liable for
any act done or omitted to be done under this agreement or in
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connection 'with the amounts deposited in the Escrow Account
except as a result of the Escrow Agent's gross negligence or
willful misconduct. If any question, dispute or disagreement
arises among any one or more of the parties hereto and/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 act
and shall not be held liable for refusal to act 'until the
question or dispute is settled, and the Escrow Agent has the
absolute right at its discretion to do either or both of the
i following:
(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 Agent and
executed and binding upon all interested parties
hereto (who may include the subscribers), that the
question, dispute, or disagreement has been
resolved; or
(b) file a suit in interpleader and obtain by final
judgment rendered by a court of competent juris-
diction, an order binding all parties interested in
the matter.
6. Successors and Assigns. This agreement shall be binding i
upon the successors and assigns of the parties hereto.
7. Venue. The parties hereto agree that if any legal action
is necessary in connection with this agreement, exclusive venue i
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shall lie in Denton County, Texas.
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IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent
have signed this instruaent this 20 day of October
` 19 88.
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1 CITY OF DENTON OWNls~?ev 1 BYe
nth Day Ad entist Asso ,
BY: BY: f
American Service Center inc.
Lew Anderton Managing Venturer
ESCROW AGENT
First State Bank of Denton
BY: /I't t n+i/
W. C. Orr, Dr.
Chairman of the Board
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21931
PROJECT N0. S~ oG
CONTRACT NO. L
THE STATE OF TEXAS S
COUNTY OF DENTON DEVELOPMENT CONTRACT
S
Whereas, Checkmate Develo meat Co
hereafter referred to as "Owner," whose business address is
P.O. Box 627 - Denton, Texas 76202
is the owner of real
. i property located in the corporate limits
f of the City of Denton, or its extraterritorial jurisdiction; and
i Whereas, Owner wishes to develop the
property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
"City"; and
j i
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to insure '
i
that all streets, water and sewer lines, drainage facilities
and other improvements which are to be dedicated to the public,
hereafter referred to as "Improvements," are constructed in
accordance with the City's specifications, standards and
ordinances; and
Iselect applicable provision as follows)
,
Whereas, the Owner elects to construct the Improvements
without contracting with another
j party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
c-
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rrrr l Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with Jagoe-Public Company
whose business address is
P_Q. Aor 250Wanton Texas 76202 , hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
j an interest in insuring that the Improvements subject to this
i agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
made therefor;
WITNESSETH
As to the Improvements to be dedicated to
the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at
Northwood Addition, Phase 12 f
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the Owner, Contractor and City, in consideration of their mutual ~
promises and covenants contained herein, agree as follows;
1. Covenants of Contractor, Contractor agrees as follows:
(a) Specifications, To construct and install the
Improvements in accordance with the procedures, specifications
i and standard contained in Division 11 and III of the City's
Standard Specifications for Public Works Construction. North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
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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 shell be performed
in a good and workmanlike manner and to the satisfaction of the
City Engineer of his representative. The City Engineer shall
decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the
interpretation of specifications.
The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining, whether or not the work performed was in accordance
J with the specifications applicable thereto. Any work done or
materials used without suitable inspection by the city may be
i
ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
may suspend inspections of such work until such failure is
remedied. If such failure is not remedied to the satisfaction
of the City Engineer, the City shall have no obligation under k
this agreement to approve or accept the Improvements.
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(c) Insurance. To provide for insurance in accordance
with the insurance requirements applicable to contractors as
provided for in Item 1.26 of Division I of the Standard
Specifications for Public Works Construction, North Central
Texas, as amended, the provisions of which are expressly
incorporated herein by reference; provided, however, for
purpose of this provision only, "Owner," as used therein, shall
mean the City of Denton.
(d) Means and Methods of Construction. That the means
and methods of construction shall be such as Contractor may
choose; subject, however, to the City's right to reject any
Improvements for which the means or method of construction does
not, in the judgment of the City Engineer, assure that the
Improvements were constructed in accordance with City
specifications, !
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds: Escrow Agreement. That if
i
building permits are to be issued for the development prior
to
i
completion and acceptance of all improvements that are to be
f ~
dedicated to the public, the following security requirements
shall app1Y, unless the development is a "one lot development," j
as defined by City's Development Code: {
i
I (i) a performance bond in an amount not less ,i
than the amount necessary to complete the F
Improvements, as determined by the City f
Engineer shall be submitted guaranteeing'
the ful~ and faithful completion of the
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Nor
Improvements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(ii) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of $50,000 or less, as
determined by the City Engineer, cash money
in the amount necessary to complete the
Improvements, as determined by the City
Engineer, ■ay be deposited with a bank as
escrow agent, pursuant to an escrow
agreement insuring completion of the
Improvements. Without exception, the City's
escrn•,r agreement fora shall be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(1001) of the approximate total cost of the
contract cost of the Improvements guarantee- '
in the full and
, 8 proper protection of all
claimants supplying labor and material for
the construction of the Improvements, shall
be in favor of the City, and shall be
executed by an approved surety company
authorized to do business in the State of
Texas; or,
(11) if the total contract amount of all
Improvements is $50,000 or less, as
+ determined by the City Engineer, or the
Improvement:. regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (1) above, Owner and
Contractor agree and guarantee that any and
all debts duo to any person, firm or
corporation having furnished labor, material
or both In the construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the Improvements, the Owner
and Contractor shall furnish a written
affidavit, in a form provided by the City
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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 unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
I each of such subcontractors or suppliers
that they have been paid in full.
(c) RetainaQei Final Payments.
- (This provision (c)
applies only where the Owner and Contractor are not he same
party,) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
1 3
retain ten percent of the total dollar amount of the contract
i
price until after final approval or acceptance of the
improvements by the City. The Owner shall thereafter pay the
Contractor the retainage, only after Contractor has furnished
to the owner satisfactory evidence that all indebtedness j
t t
connected with the work and all sums of money due for labor, E 1
materials, apparatus, fixtures or machinery furnished for and ±
used in the performance of the work have been paid or otherwise
f
j satisfied.
(d) Encumbrances, That upon completion and approval a
or acceptance of the Improvements of the City, the Improvements
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shall become the property of the City free and clear of all
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liens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in
the amount of such claim, 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 City, to furnish a
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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
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
in favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas.
(f) Indemnification. To Indemnify, defend and save
harmless, the City, its officers, agents and employees from all ;
suits, actions or claims of any character, name and description
R brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or F
subcontractors; or on account of any negligent act of fault of
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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
i of such injury or damage.
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;g) Agreement Controlling. That the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
construction of the Improvements.
3. Occupancy: One Lot Developments. Owner further agrees
as follows;
(a) That Owner will not allow any purchasers, lessee,
or other person to occupy any building within the development
until all Improvements are completed and accepted by the City,
and that upon violation thereof will pay the City $3,000.00 as
J liquidated damages, but such payment shall not be deemed
approval of such occupancy and the City may take whatever
action necessary to restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined 11,+ City's Development Code, and no j
performance or payment pond was required or submitted for the
improvements that are to be dedicated to the public, the Owner ,ff
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shall not be Issued a Certificate of Occupancy for any building f I
constructed or located therein until all required public
improvements have been completed and accepted in accordance
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with this contract. f
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
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to accept the Improvements.
5. Venue and Governing Lax. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County, Texas. The terms and provisions
I
of this contract 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 successors and assigns.
19
Executed in triplicate thi,, day of
~c :mil r
OWNER OFXA ;~)4CONTRACTOR
`Z C ~.szJ X
BY:
BY
CITY OF DENTON, TEXAS }
B
ATTEST:
1 E
9 U111 0ZUKZ1AK1
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: r
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T0: Checkmate Development Corp. DATE: 12/6/88
We propose to furnish the necessary tabor, material, equipment, and
incidentals to construct the following work in accordance with plans and
specifications of Worrell & Associates, Engineers and Planners.
Description of work: Paving; Water; Sanitary Sewer; Storm Drainage
Location: Northwood, 12th Installment, Denton, Texas
Quantities and prices:
1. PAVING FACILITIES
Remove existing barricades P $3.00/LF
107 LF x $3.00/LF 321.00
Reinstall existing barricades @ $10.00/LF
45 LF it $10.00/LF -S 450,00
Install new barricades @ =30.00/LF
140 LF x $30.00/LF - S 4,200.00
f Fine grading to final grade Lump Sum - i 2,500.00
6" Lime Stabilized subgrade o $1.25/SY
10,357.0 SY x S 1.25/SY 12,946.25
Lime (27a/SY) @ $65.00/Ton
139.7 Tons x $65.00/Ton 9,080.50
2" Type "A" HMAC (Windsor Dr.) @ $3.15/SY
I 2,903.0 SY x 53.15/SY -S 9,144.45
6" HMAC (4.5" Ty. "A"; 1.5" Ty. "D";
(Windsor Dr.) a $9,25/SY
2,588.0 SY x $9.25/SY - $ 23,939.00
5" HMAC (3.5" Ty. "A"; 1.5" Ty. "D")
(Residential Street) v $8.00/SY
6,236.0 SY x $8.00/SY - $ 49,888.00
j Overlay existing pavement w/ up to 1" Ty. "D"
HMAC (Branch Crossing) v $2.00/SY
75.0 SY x $2.00/SY 150.00
f 24" Concrete Curb and Gutter w $5.35/LF {
4,841.0 LF x $5.35/1,17 -S 25.899.35
Total Paving` - $138,518.55 I
Excludes: Sidewalk (17.40/1,F} street signs; lighting; testing; City fees.
1
2. WATER FACILITIES
8 SDR PVC Waterline 9 511.90/LF
220.0 LF x $11.90/LF 2,618.00
k 6" SDR PVC Waterline * $10.82/LF
1,443.0 LF x $10.82/LF - $ 15,613.26
6" CI Gate valve w $450.00/EA
5 valves x $450.00/EA 2,250.00
Fire Hydrant with 6" lead to $1,200.00/EA
4 Hydrants x 51,200.00/EA 4,800.00
Cl Fittings' $2,000.00/Ton i
0.54 Tons x 52,000.00/Ton -S 1,080.00
2" Blow-off valve * $350.00/EA
1 Valve x 5350.00/EA -S 350.00
2,500 PSI Concrete thrust blocking @ $50.00/CY
12.3 CY x 550.00/CY 615.00
Class D Granular Embedment @ $7.50/CY
290.0 CY x 57.50/CY 2,175.00
(Continued on Page 2)
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2. WATER FACILITIES (Cont.) Page 2
2000 PSI Concrete encasement «;50,00/CY
14.0 CY z;50.00/CY ■ $ 700.00
1" Service connections (No meter boxes)
$250.00/EA
31 Connections x $250.00/EA 7,750.00
Connect to existing stub-outs P $250.00/EA
6 Connections x;250.00/EA -S 1,500.00 •
Water test Lump Sum - t 150.00
Water Total - $ 39,601.26
3. SANITARY SEWER FACILITIES
i Aerial Crossing in existing live 18" sanitary
sewer line Lump Sum 8,650.00
8" PVC Sanitary Sewer Main a $11.92/LF
442.0 LF r $I 1.92/LF 5,268.64
5' Diameter Drop Manhole in live 18" Sanitary
Sewer Line @ $1,750.00/EA
I Manhole=;1,750.00 1,750.00
j Adjust existing manhole rim elevations to
final grade (up to 2') s ;250.00/EA
3 Manholes x $250.00/EA 750.00
j Adjust existing manhole rim elevations to'
final grade (Up to 51 v =500.00/EA
2 Manholes x $500.00/EA 1,000.00
Standard clean-out for 8" line complete with
embedment and map v $350.00/EA
2 Clean-outs x $350.00/EA 700.00
4" Service connections to existing 18" line
P $250.00/EA
23 Connections x;250.00/EA -S 5,750.00
4" Service connections to new 8" line P $175.00/EA
14 Connections x;175.00/EA 2,450.00 {
2500 PSI Concrete encasement ;50.001CY
14 CY z $50.00/CY 700.00
Granular material embedment' $7.50/CY
77.0 CY z $7.50/CY . $ 577.50
Connect to existing stub-out v $250,00/EA
I Connection x;250.00/EA 250.00 }
Sewer Test Lump Sum -S 150.00 i
Sanitary Sewer Total - $ 27,996.14
4. STORM DRAINAGE FACILITIES
6" Reinforced concrete fining';140.00/CY
356.82 CY x;140.00/CY 49,954.80
8" Reinforced conc. flow diverters x;275.00/CY i
2.67 CY z $275.00/CY 734.25
3 - 8'z 6' TDH&PT Std. MC8-2 box culverts (80 LF)
$275.75 CY
132.48 CY x $275.75/CY - $ 36,531.36
Head, wing, and toewall for 3-8'z 6'' $278.50/CY
61.7 CY x $278.50/CY - S 17,183.45
(Continued on Page 3)
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4. STORM DRAINAGE FACILITIES (Continued)
6'x 5' Precast box culvert (if cast in place - 96.68 CY)
$127.50/LF
201.0 LF x =127.50 LF - $ 25,627.50
2:1 Sloped end section for 6' x 5' box Lump Sum - $ 510.00
1:1 Sloped end section for 6'x 5' box Lump Sum 2,600.00
6" Reinforced concrete morning glory P $280.50/C'Y
8.33 CY x $280.50/CY - $ 2,336.57
4" 2500 PSI concrete flumes w $172.00/CY
22.0 CY x $172.00/CY 3,784.00
Type "A" Storm sewer manhole (Pipe 30")
=1000.00/EA
1 manhole IS 1000.00 - $ 1,000.00
Type "B" Storm sewer manhole (Pipe 33")
=1000.00/EA
1 manhole x $1000.00 1,000.00
14' Standard inlet (4' deep) v $1,836.00/EA
2 inlets x $1,836.00/EA -S 3,672.00
12' Standard inlet (3' deep) ip $1,635.00/EA
2 inlets x $1,635.00/EA 3,270.00
6' Rec. Inlet (2.75' deep) @ 1,225.00/EA
I inlet: $1,225.00/EA - $ 1,225.00
4' Standard inlet (4' deep) v $920.00/EA
3 inlets x $920.00/EA - $ 2,760.00
I 4' Inlet w/ open back (3' deep) @ $1,125.00/EA
1 inlet x $1,125.00/EA - $ 1,125.00
4' Rec. Inlet (2.75' deep) * $1,125.00/EA
I inlet x $1,125.00/EA 1,125.00
I, 33" RCP P $32.00/LF
507.0 LF x $32.00/LF - $ 16,224.00
33" B-2 Radius pipe P $32.00/LF ji
{ 90.0 LF x $32.00/LF - $ 2,880.00
27" B-2 Radius pipe # $27.50/LF
190.0 LF x $27.50/LF - $ 5,225.00
21"B-2 Radius pipe @ $25.00/LF
188.0 LF x $25.00/LF -S 4,700.00
18" B-2 Radius pipe' $22.50/LF
99.0 LF x $22.50/LF - $ 2,227.50
33" to 27" Pre-Fab Reducer p $430.00/EA
1 Reducer x 5430.00/EA - $ 430.00
27" to 21" Pre-Fab Reducer a $400.00/EA
1 Reducer x $400.00/EA -S 400.00
33" to 18" 604 Wye P $520.00/EA
2 Wyes x $520.00/EA - $ 1,040.00
27" to 21" 604 Wye r $450.00/EA
1 I Wye x $450.00/EA -S 450.00
Cut into exist. channel lining & install 33" pipe
outfall on 3:1 slope w/ rip-rap Lump Sum 500.00 f,
? Cut into exist. channel lining & install 27" pipe
outfall on 2:1 slope w/ rip-rap Lump Sum -S 500.00
Remove asphalt, cut into existing box culvert and
connect 18" lateral Lump Sum 800.00
Grade to Drain at morning gory including removal
Of 5 trees up to 18" diameter Lump Sum 2.000.00
Total Storm Drainage - $191,815.43
Project Total - $397,931.38
(Continued page 4)
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For your convenience, the above quantities have been estimated.
However, this proposal is on a unit price basis with payments to be made
on the actual measured quantities of work completed.
On the last day of each month, partial estimates shall be prepared
including all of the completed work plus all of the material on hand for the
uncompleted portion and shall be paid in full not later than the 7th day of
the following month. Final estimates shall be prepared immediately upon
completion and shall be paid within 10 days. All estimates not received on
due date shall bear interest from due date until date received at 18% per
annum, or the highest legal rate.
It is also agreed by both parties to this agreement that any and all
{ 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 all necessary permits from the
City, County, State or other interested parties. All necessary testing will be
paid for by the owner.
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 if a National Emergency or other activities should
i cause materials to become unavailable.
~,QCEAT Owner) JAGOE-PUBLIC CO. ( trqctor)
By: By: tar
Title: .Ces,d~-Z' Title:
Bank Ref.
Date ems. /9f1~ i
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PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company
of the City of Denton
County of en on and State of Texas as
y principal, and c AR Rn SURETY CfftiPMY
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto CHECKMATE DEVELOPMENT CORPORATION .1 T, go 38/100
In the penal sum of Three Hundred Ninety Seven Thousand. Nine ( 8)
j for the payment whereof, the said Principal and Surety bind themselves, and t~ieir heirs,
administrators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal hs entered into a certain written contract with the Owner,
dated the 6th day of December , 19 88 , to
Construct Paving, Water, Sanitary Sewer and Drainage Improvements to serve
Northwood Addition - 12th Installment - in the City of Denton
which contract Is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, IMEREFORE, THE CONDITION OF THIS• OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements In and by said
contract agreed and covenanted by the Principal to be observed and performed, and according to
i the true intent and meaning of said Contract and the Plans and Specifications hereto annexed,
then this obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond 'a executed pursuant to the provisions of (Article
5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of 'T'exas as
amended and all liabilities on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans, speck
Gcations, or drawings accompanying the same, shall in anyway affect Its obligation on this
I,
- - - - - - - - - - - - - - - - - - -
*Not applicable for federal wnrk. See "The Miller Act," 40 U.S.C. 5270. l
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m or I- b.a ..a 1"1 F
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bond, and it does hereby waive notice of any ouch change, extension of time, alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
Y
IN WITNESS WHEREOF. the said Principal and Surety have signed and se&W this instru.
went thtg 6th day of December , 18
88
JAGOE-PUBLIC SEABOARD SURETY COMPANY _
PARCIPLI Surer
1 ~ By
' ?PIS
~
Tt tZ Title Rosemary }leaver, Attorney-in-Fact
Address P. 0. Box 250 Address 8300 Douglas Ave.. Suite 700
Denton, Texas 76201 Dallas, Texas 75225
The name and address of the Resident Agent of Surety Is:
CORRODN b BLACK, INC. of Dallas
$300 Douglas Ave Suite 700, Dallas, Texas 75225
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SEABOARD SURETY COMPANY
ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY
STATUTORY PAYMENT BOND - TEXAS
(Private Work)
KNOW ALL MEN BY THESE PRESENTS:
THAT JAGOE-PUBLIC COMPANY
Original Contractor (hereinafter called the Principal}, as Principal, and Seaboard Surety Company, a owporation organized and
existing under the laws of the State of New York, and authorized to do business in the State of Texas, with its principal office in
the C' of New York New York (hereinafter called the Surety), as Surety, are held and firmly bound unto
Checkmate bevel o ent Cor oration (hereinafter called the Owner), In the amount of
ree Hundred Ninety Seven Thousand Nine Hundred Thirty n i;nd 381 00 DOLLARS
($--_397L931.38 ) (here insert an amount equal to total contract) for the payment
whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly
i and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 8th e1
y December , t9 88 . to Constrict Payjng.jdjtPr- Sanitary S 1 aNDrainage Improvements to sere N r cod Addition-12th Inst. which
contract ls hereby referred to
s
and made a part hereof as fully and to the same extent as it copied at length herein; '
NOW, THEREFORE, THE CONDITION OF THIS OBL)GATION IS SUCH THAT IF THE SAID PRINCIPAL shall promptly pay
claimants for all labor, subcontracts materials and specially fabricated materials performed or furnished under or by virtue of
said contract and normal and usual extras thereto (not to exceed 15% of a said contract price), then this obligation shall be void,
otherwise to remain in full force and effect; labor. subcontracts, materials and spec L* fabricated materials shall be construed
In accordance with Section 53.001 of the Property Code, added by the Acts of the Regular Session of the 68th Legislature, 1983.
PROVIDED, HOWEVER, that the Owner having required the said Principal to fum sh this bond in order to compty with the
provisions of Sections 53.201 at ser of the Property Code, added by Acts of the Regular Session of the 68th Legislature,1983,
all rights and remedies on this bond shall inure solely to such claimants and shall be determined in accordance with the
! provisions, conditions and limitations of said Real Property Code to the same extent as if they were copied at length herein.
3 '
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument, this 6th
y 88
day of December 19
F JAGOE-PUBLIC C MPANY (Seal)
i ~Prin 'pal)
_ ~ (rule) I
SEA50 RD SURETY COMPANY,
The foregoing bond is hereby approved. P
BY: Jet-s rs~
Rosemary Weaver Attorney-in-Fact
h
l ner) ? CORROOM & BLACK, LVC. OFDALLAS ~
I, B,, &KO 00U; LAS AVE,, SUITE 700
I` DALLAS, T LXAS 75225 ;
% TEL. (214) 987-2100
Address
(Date approved)
Form 410 6186
I J
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
DUAL OBLIGEE RIDER
TO PERFORMANCE 6 PAYMENT BOND Number__155130
WHEREAS, on or about the 6th day of December , 19 ,
88
JAGOE-PUBLIC COMPANY , as Contractor,
entered into a written agreement with
Checkmate Development Corporation
as Owner, for the construction of Paving, Hater, Sanitary Sewer and Drainage Improvements
i to serve Northwood Addition - 12th Installment - in the City of Denton, Texas
herein referred to as the Contract, and
WHEREAS, the Contractor and Seaboard Surety Company, as Surety, made, executed and
delivered to said Owner their joint and several Bond, and
WHEREAS, the Owner has requested that
Northpark National Bank of Dallas
(hereinafter called "Co-obligee") said Co-obligee having a material interest in the performance of
said contract, be named as an obligee in the Bond and has requested the Contractor and the Surety I
to join with the Owner in the execution and delivery of this Rider and the Contractor and Surety
r'• have agreed so to do upon the conditions herein stated. }
1
NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration,
J receipt of which is hereby acknowledged, the undersigned hereby agree as follows:
The aforesaid Bond shall be and it is hereby amended as follows:
1. The name of ]lorthpark National Bank of Dallas f
t shall be added to said Bond as a named obligee Co-obligee f
s 2. The rights of the Co-obligee shall be subject to the condition precedent that all the Owner's
obligations to the Contractor be performed; provided, however, that the aggregate liability of !
the Surety under said Bond, to the Owner and the Co-obligee, as their interests may appear, is
limited to the penal sum of the Bond and provided, further, that the Surety may, at its option,
make any payments under said Bond jointly to the Owner and the Co-obligee; and further
provided there shall be no liability under the Bond to the Owner or to the Co-obligee, or to i
either of them, unless payment be made to the Contractor at the time and in the manner
provided in the Contract.
` p I
3. Except as herein modified, said Bond shall be and remain in full force and effect.
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SIGNED, SEALED AND DATED this 6th day of December 19 88
,
CHECKMATE DEVELOPMENT CORPORATION f
w
'hER`_~ }
JAGOE-QOBLIC COMPANY
COhT TOR
l /I
CORROOId rc B1 ACK, INC'. OF DALLAS SEABOARD SURETY COMPANY
DALLAS,
TEL. (2I4) 987•.41x(1 By~
FORM 302 Rosemary Cleaver ATTORX3:1'I\'-TACT
FFF 0545
SEABOARD SURETY COUWANY
ii 10376 ADMINISTRATIVE OFFICES, BEDMIN$TEA, NEW JERSEY
POWER OF ATTORNEY
KNO+N ALL MEN BY THESE PRESENTS- Thal 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 Rosemary Weaver or
luny J. Klepec or'K.R. Harvey
Dallas Texas
its true and lawflA Al lorney-in-fact, to make, execute and detw on fW behalf Insurann poaches, surety bonds undertakMQa and
olMrkutrumenteofslmdernatunasfollows' Without Limitations
Such insurarsce policies, surety bonds, undeftaMl and Instruments for said purposes, when duty executed by the aforesaid
Attomey-in-t=act, shall be binding upon the said Company as fully and to the same extent as If signed by the duly authorized
olkera of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fall pursuant to the authority
hereby given, are hereby ratified 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 13tH, 1927, with Amendments to and inciut'ing January 15, 1982 and ire still In full force and effect
ARTICLEYII. SECTION 1:
' e6 bonds; r ikoWg +Kes st*A*0om, conaeata et surety, undem"ol wt0ertakin9f and Ienatnwnenb rW irl lhereta
Insurance poRci *Unds, recogriii ancea, stipulations. consents of surety" undemntieg unoenall of the coml ny and mie"a,"menta and other
wr,,ting3 Mating many way thereto 0 (to any claim or loss thereunder, shall be signal' in ftname Ana on bahall a the Company
Is) by lhaChafrmanorthe Board. the PresitlentaV-ice-Preaidenl ors Resident Vice-Pressdem Ind tt tSecreta Satretary.a Rrgpenf
Secretary or a RosiQfM Aslialant Secreraryy. or (b) by an Attor ry, an ASbataM
- rtty-in- Fad la the Company lpppnted and autfMrized by tie CAairRUn of IM Board, the
President or a V,ca-Pre( OM to make such u9nalun: Or (c) by wch other of Kars or repretsntativb as the Bard majr from time so time determine.
The teat of (ha Company chap N appropriate be atrrxed tharelo by any such officer, Attorney-in-fact or
rapraentauve'
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Ylce-
Presxfents, and its corporate seat to be hereunto affixed and duty attested by one of its Assistant Secretaries, this .1st .
dayof~ ; September--.....119 88
Aile5-E SEABOARD SURETY COMPAN
r''iw~ eEv` (Seal),/ kl
Assisunl $ Wry 'r .p{op,l
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
On lhia .__..lst.._........... day of . Septt'ERber 19.98__., before me personally appeared
_..Michael.._B._.Kee an . Vice-President of SEABOARD SURETY COMPANY,
with whom I am personalty acquainted, who, being by me duty sworn, said that he resides in the State of New. Jersey. ;
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 seat of the said Company; that the seat affixed to said instrument is such corporate seat;
that it was so affixed by order of the Board of Directorsof said Company; and that he signed his name thereto as Vice-President of
said pany by like authority. FELICE M. CATAIANO
g1o NOTARY PUBLIC OF NEW jMEY
t nkxT tdy Commission Ell June 4, 1991
` PMIt ,W~ CERTIFICATE Notary Pubic
-
fOFt4 u4121`6pnedAAVIAMSecralaryolSEA80AROSURfriCOMPANYdoherobycatiyWlVaONnetPower orAttorneyofwhich thefortoingis
and con ear copy. h n tu11 force and effect on tt s date of thisCartiticau and 1 do tw1Mr cerUy Ural the YKkPresideM who executed the acid Powaof
"Orn" cuss one o Bw Officefs authorized by the Soa+d of Direixora to appo N an attorney-in-fad as provided in Ankli V11, Satim 1, Oft By-Laws of
SEABOARD StJRET Y COMPANY.
11 ' This Certificate may be signed and sealed by faun mile undsr and by aufhortty of the 11011oll resolution of ft Ex eadM Coetwri lta of the Board of
Duactdrs of SEABOARD SURETY COWANY M a mmeatlnp duty CAW" hell on me 25th day of March 1970.
RESOLVED (2) That the uN of a printed (aglmile of the corporate seal of ft Company and of the spnahue of an Asalil +1 Sscmary on eery
art Illation of the WettrtE53 Of a copy d in instrument executed by isle President a a Vice-Prisdens pursuant to Article VII, Section 1. Of Ne 9y-Lawn
appointft and mAhor"v an attorneyin-loct to W in the Mme and on bell of fns Company slrNy bands, underwriting undertakings or e9lef
kaVisrnei la d&Wbed in said Anglia V% Section 4. with kte effect u x such test and such signature had been manuaay, afnxed and made, hereby Is
autNorihd and approved '
IN Witill WHERE/p_F
I have hereunto set my nd and affix th corporate seat d Company to these prt>aeltq shy
hit day of.___1
% • • uLcMani s.craury
?e a1• tone W tri° l l
Fur ve rlhralron of the authenhc.ry d ih , PuAe of Attorney you r,ay ran, cplfr~ r 201.65&IiU7 and a>k ter the PvAeror Aliorcey clerk. Plea,e refer to the Power
of ANnrnt y' numi+er. Iho ah,•ve ngmad I.Id V A.i 7'n1.+. rid &I 1 15 of Ihn h<,n,i In h Ih, p YJd:~„'1 In P;rn Y^rk Dla.1 212 6??5444
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21931
PROJECT NO. 81!•05'
i CONTRACT NO.
THE STATE OF TEXAS S
COUNTY OF DENTON i DEVELOPMENT CONTRACT
Sav 1ng'sAoj4ocj a t i on
Whereas, commonvealth.
hereafter referred to as "Owner," whose business address Is
10000 Memorial Drive, Suite 555, Houston, TX 77024
is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, Ownor wishes to develop the property and such
•s development must be performed In accordance with the applicable
ordinances of the City of Denton, hereaftsr referred to as
f "City"; and ! i
Whereas, as a condition to the beginning of construction of
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said development, a development contract is required to insure
that all streets, eater and sewer lines, drainage facilities
and other Improvements which are to be dedicated to the public,
hereafter referred to as "improvements," are constructed in
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accordance with the City's specifications, standards and
ordinances; and
[select applicable provision as followsl
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I J Whereas, the Owner elects to construct the Improvements
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without contracting with another party as prime contractor, in
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which case the provisions of this contract which refer to
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"Owner" of "Contractor" shall mean the owner as named above; or
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xx ( Khereas, the Owner elects to make such improvements
hereafter set forth by contracting with Jeske Construction Company
whose business address is
P.O. Box 59025, Dallas, TX 75229 , hereafter
1 referred to a$ "Contractor"; and
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f 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
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City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
made therefor;
WITNESSETH
As to the Improvements to be dedicated to the public, as
specicied in Exhibit A, attached hereto and incorporated by
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reference, to be installed and constructed at
Teasley Plata Addition
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the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
I 1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
improvements in accordance with the procedures, specifications
ind standard contained in Division 11 and III of the City's
3 Standard Specifications for Public Works Construction, North
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Central Texas, as amended, and all addendums thereto, and all i
othu., regulations, ordinances or specifications applicable to
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sucn 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) Authorit cE Cit En tneer• Inspections, Tests and
Orders. That all work on the Improvements shall be performed
( In a good and workmanlike manner and to the satisfaction of the
! City Engineer of nis representative. The City Engineer shall 4 •
decide all questions which arise as to the quality and
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acceptability of materials furnished, work Pecformed, and the
l interpretation of specifications.
The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining whether or not the work performed was in accordance
with the specifications applicable thereto. Any work done or
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~ materials used without suitable inspection by the City may be
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ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for 1
inspection, to test materials furnished, to satisfactorily
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repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
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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
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this agreement to approve or accept the Improvements. 1
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(c) Insurance. To provide for insurance in accordance
with the Insurance requirements applicable to contractors as
provided for in Item 1.26 of Division i of the Standard
Specifications for Public Works Construction North Central
Texas, as amended, the provisions of which are expressly
incorporated herein by reference; provided, however, for
purpose of this provision only, "Owner," as used therein, shall
mean the City of Denton.
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(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
i Improvements were constructed in accordance with City {
specifications. 1
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
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(a) Performance Bonds• Escrow Agreement. That If (J 11 building permits are to be issued for the development prior
to
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completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements
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shall apply, unless the development is a "one lot development,"
as defined by City's Development Code:
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(I) a performance bond in an amount not less
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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
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4 - Improvements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(ti) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of =50,000 or less, as
E 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 insuring completion of the
Improvements. Without exception, the City's
escrow agreement form shall be used.
(b) Payment Bond; Assurance of Payment. That prior to
1 acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(1001) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, shall I
be in favor of the City, and shall be I
executed by an approved surety company
authorized to do buslaess in the State of
Texas; or, !!~I
(ii) if the total contract amount of all I~
Improvements is $501000 or less, as
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (i) above, Owner and
Contractor agree and guarantee that any and
all debts due to any person, firm or i
corporation having furnished labor, material
or both in the construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the Improvements, the Owner
and Contractor shall furnish a written
affidavit, in a form provided by the City
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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 unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the requested, written statement from and, when
or
i j each of such subcontractors or suppliers
that they have been paid In full.
(c) Retainaee; Final Payments. (This provision (e)
applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
retain ten percent of the total dollar amount of the contract
price until after final approval or acceptance of the t
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improvements by the City. The Owner shall thereafter pay the j
Contractor the retainage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
connected with the work and all sues 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
' E satisfied.
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(d) Encumbrances. That upon completion and approval
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I or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
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liens, clai6s, charges or encumbrances of any kind. if, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in ;
the amount of such claim, lien, charge or encumbrance, in favor j
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of the City, to insure payment of such claim, lien, charge or 3
ij encumbrance. f
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(e) Maintenance Bond. That prior to approval or i
;t acceptance of the. Improvements by the City, to furnish a
maintenance bond in fora and substance acceptable to the City,
in the amount of ten percent (10t) of the contract amount of
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the improvements, insuring the repair and replacement of all
defects due to faulty material and workmanship that appear i
within one year from the date of acceptance. The bond shall be
in favor of the City and shall be executed by an approved
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surety company authorized to do business in the State of Texas. J
(f) Indemnification. To indemnify, defend and save
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officers, agents and employees from all
harmless, the City, its
suits, actions or clalas of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of i
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
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his agents, employees or subcontractors In
~ the ContraEtor,
construction of the improvements; and shall pay any judgment,
with costs, which may be obtained against the City growing out
of such injury or damage.
(g) Agreement Controlling. That the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
construction of the Improvements.
30 Occupancy; One Lot Developments. Owner further agrees
as follows:
(a) That Owner will not allow any purchasers, lessee,
or other person to occupy any building within the development
until all Improvements are completed and accepted by the City,
and that upon violation thereof will pay the City $3,000.00 as
liquidated damages, but such payment shall not be deemed
approval of such occupancy and the City may take whatever
action necessary to restrain such occupancy.
(b) That if' this contract applies to a "one lot i
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development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
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improvements that are to be dedicated to the public, the Owner
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shall not be issued a Certificate of occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance
4 with this contract.
i. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
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to accept the Improvements.
S. Venue and Governing Law. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary In connection therewith, exclusive
venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
6. Successor and Assigns. This contract shall be binding
upon and inure to the benefit of the parties hereto, their
respective successors and assigns.
Executed in triplicate this, l4 day of November 19 88 ,
l OWNER CONTRACTOR
JESKE CONSTRUCTION CO.
A COMVOMFVEALTH SAVING SOCIAT1ON
BY: 411.4,71 BY: j
Charles M. Lusk III j
Executive Vice President CITY OFD TON, TEXAS
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BY:
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ATTEST: I
JEONIFER f
I A fERS;
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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Certil"te of tnsuiance
THS CLRTPCATS 6 6SL(D AS A $MITER OF DAWTKY+CrlY MO COIS Eli' 47 RIGI I75 UC:~+ nL,1 Sin I'L V:1, K,A.:! I.:allri it+; r.l rirrlTk r. Kit AN ,r,~wrw.f
POLICY AND DOES NOT M440 ERSEN40R ALTER TIECOrtRla XEORDED BY TIE POUC1ESl61ED BELOW
«l This is to Catxy that L1 BER IY
FJESK£ CONSTRUCTION COMPANY IMUTUAI.
P.O. BOX 59025 Name and
1 address of
DALLAS, TX 75229 Insured.
L
IL al tK a" dak d thq cerLSCak, nssvd by tlm Caroan y under ttr Rey("" hsW Dc+Ow. The ns;a a AHaded bi the LWC4 GoK)+a -,I d SuhA.'G1
or art/
b am twig Eermtcxi.aionf arld cardlurls and 'a r+ol afA.ed by rrry mQ.rlrrr;N, Ielm condtion d connad a or+er doarnent w+n resfx<I b whcn
r" ca lisle my be issued
CERT. EXP. DATE' 1 - LIMIT
TYPE POLICY OF
1 OF ❑ MIMSER LIABILRY
PORGY ❑EXTENaED FTLNDLD
. , ~ ~ iCYICY TERM
caTwwEAFFORDEDDt+DERWC EAILOYERSLIABAITY
LAW OF THE FOLLOVMOG STATES &A-Al Ins/ v By Accderl
100,000 E. Acc
WORKERS' 9-1-89 WC2-191-069159-018 Budh mn el Dcrace
< 1OO,D00 EbP!
CC11AP£NSATION I►Ary IryrY y De.we ,
500,000 Fu L^4
. ~ a.~e.: wows+.~' m~" roace rorvra ooer+ron
2-000-000
9-1-89 YY1-191-069159-048 1494.000
Bx+; wv P~n.,v O,rn.Ae L~.Mr
1 z ^ M
y .l 2
~t ❑CiAMS MACE h:~c,~,~+.`e A!..iy+u t.rr
ii m• Win'
SPE C AU EXCL i
ENDORSEMENTS fl
~.Q~~ Q_ EACH ACCIDENT-SINGLE LOAT•B L AND PD. COMBtNEO
pp ® OMMED
Q ~NONOV^ED 9-1-89 AS1-191-069159-038 EACH PERSpI
EACI+ AC.GDENT EACH ACCIOEN7
HlREO OR OCCLA'tAENCE S OR OCC(ff1R£NCE
UMBRELLA f
? w EXCESS 9-1-89 TH1-191-069159-028 $1,000,000
p LIABILITY
LKJtt,OfM 51 Of (,PEI:Ai BRA 8 .AJB ~ Id A<RLr.dh I ~L{~{ I>IPSNY+UI i KY fiA'M 4+1.
TEASLEY PLAZA IMPROVEMENTS
y ~ '✓t ft ee•Nta1e !up/atidn dar` b Gone n,qn or e,terdtd Iran. you win ee notrltd 1 Gorcragl` is termruN4 a re 0uc<x7 P"*r t1x cIilil r:It..:• r. txdcn dIk` K+wv*,
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4
vm tf V noVied wyxay of the ccarxem of cow;+pe 1 ifhYl) \lulual
f NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE Inwrance (iroup I
j THE IN&PANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS10 - DAYS
NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO.
' rCOMMONWEALTH FINANCIAL
POWELL d POWELL, ENGINEERS d CONSULTANTS, INC.
CERTIFICATE 3988 N. CENTRAL EXPRESSWAY STE 1130
HOLDER --a _ . - -
W1 __7+:E REFY7E Sf NTAIr,/E
! DALLAS, TS 75204
11-29-88 jn IRVING
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TNF m W cal, a.oAed y LJBE In WTLAL INSLAANCE GROUP r w,pe, ~ rarm a a Jbd,O by Tk w w'srr.` -BS772 R:
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LIBERTY
2100 W0,nur 14 [1 Larw
lJ MUTUAL.
suite 100, P. o. Box a un567
! Ir np. Tex» 75011-2067
1 Tckph"x (214) 550-7899
JESKE CONSTRUCTION COMPANY
INDEMNITY AGREEMENT: THE CONTRACTOR SHALL AGREE AND COVENANT TO PROTECT, DE-
FEND, HOLD HARMLESS, AND INDEMNIFY OWNER, AND THE OFFICERS AND EMPLOYEES OF
THE OWNER AND THE CONSULTING ENGINEER [BY NAME AS STATED FOR THE PARTICULAR
PROJECT IN THE INVITATION TO BID) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS
1 LIABILITIES, LOSSES AND EXPENSES RELATING TO ANY AND ALL LOSSES OR DAMAGES
INJURY TO OR DEATH OF PERSONS
(INCLUDING, WITHOUT LIMITING THE FOREGOING,
AND DAMAGE TO PROPERTY) ALLEGEDLY OR ACTUALLY SUFFERED BY ANY PERSON OR
PERSONS AND ALLEGEDLY OR ACTUALLY ARISING OUT OF OR INCIDENTAL TO THE WORK,
SERVICES, AND ACTIVITIES OF CONTRACTOR OR ANY OF ITS SUBCONTRACTORS UNDER
THIS CONTRACT, INCLUDING, WITHOUT LIMITING THE FOREGOING, ALL ACTS AND
OMISSIONS OF THE OFFICERS, EMPLOYEES AND AGENTS OF CONTRACTOR AND ITS
JOB OR WORK UNDER THIS
SUBCONTRACTORS IN CONNECTION WITH ANY INSTALLATION,
CONTRACT, OR WHILE PROCEEDING TO OR FROM THE SITE OF ANY SUCH INSTALLATION,
JOB OR WORK WEATHER OR NOT LAWFUL OR WITHIN THE SCOPE OF THEIR EMPLOYMENT.
HOWEVER, THE OBLIGATIONS OF THE CONTRACTOR SHALL NOT EXTEND TO ANY CLAIM,
TO AGDEFECTT IN RDREXPENSE AWINGS OR ISPECIFICATIONSAPREPARED BY£THOR IN E ENGINEER.NTIAL PART
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~ Liberty Dlutwl Insurance Group/Boston I
Equal Opportunity Emplo)er
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Bond $5535241
1379L
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PROJECT NO.
CONTRACT NO.
CONTRACTOR'S PERFORMANCE BOND
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THE STATE OF TEXAS S
COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS:
That Jeske Construction Company
of Dallas 0 Dallas County
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Texas hereinafter called "Principal" and SAFECQ INSURANCE CORPANY OF
,
AMERICA , a corpo-
ration organized under the laws of the State of Washington
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation In Denton County, Texas,
hereinafter called "City", and Commonwealth Mortgage Corporation
hereinafter called "Developer", I
in the penal Stlm of one hundred four thousand six hundred sixty-four
dollars and eighty cents 104,664.80
lawful money o the United States, to a pat in Denton County, !
Texas, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents. 7
THE CJNDITION OF
THIS OBLIGATION is such that WHEREAS, the
Principal entered into a certain contract with Developer dated
` as of the 14th day of November 1988 (the "Contract"),
f a copy of whit is attached hereto and mad-ea part hereof, for
construction of water, santiary sewer, and drainage improvements
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to serve Teasley Plaza Addition an Addition to
the City of Denton, Denton County, Texas;
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NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform its duties, all of the undertakings,
( covenants, terms, conditions and agreements of said Contract
during the original term thereof, and any extensions thereof
which may be granted by the City and/or Developer with or
without notice to the Surety, and if he shall satisfy all claims
t 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 of failure to
do so, and shall reimburse and repay the Ctty and the Developer
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 furnishing
materials for or performing labor in the prosecution o the work
3 provided for in such Contract, and any authorized extension or
modification thereof, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Denton County, Texas, and the said
Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms
of the Contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect
its obligation on this bond, and it does hereby waive notice of
r s,ny such change, extension of time, alteration or addition to
the terms of the Contract or to the work or to the
specifications. j i
IN WITNESS WHEREOF, this instrument is executed in tripli- i
cai4 , each ongoveom which shall be deemed an original, this the `
day of , 19 88 .
PRINCIPAL !
Jeske Construction Company
BY:
SECR TAR P T~ PAL
Dallas, Texas 75229
A Tess
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CONTRACTOR'S PERFORMANCE BOND/PAGE 2
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I WITNESS A Te-FKINCIPAL--
R.O. Box
res TX. 75229
s
SURETY
SAFECO INSURANCE COMPAN~ OF ERICA
BY: AffU4~IL
h ney- n- t Stev P. Passey
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2701 N. Central ressvay
Richardson, Tx 75060
I (Address)
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WITNESS AS To SURETY
2701 N. Central Expressway,
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NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
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CONTRACTOR'S PERFORMANCE BOND/PAGE S
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Bond #5535241
' 1378L
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PROJECT NO.
CONTRACT NO.
CONTRACTOR'S PAYMENT BOND
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENFON S j
Jeske Construction Company
That
Dallas
of Dallas County
l Texas hereinafter called "Principal" and SAFECO INSURANCE COMPANY OF
I AMERICA , a corpo-
ration organized under the laws of the State ofwAshington A
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation in Denton County, Texas,
hereinafter called "City", and Commonwealth Mortgage Corporation
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hereinafter called "Developer", k
and unto all persons, firms and corporations who may furnish
materials or perform labor for the building or improvements here-
inafter referred to in the penal sum of one hundred, four thousand, }
six hundred sixty-four dollars and eighty cents (s 104,664.80 )
lawful money of the United States, to bt paid in Denton County,
Texas, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
}
THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the
Principal entered into a certain contract with Developer dated
14 November gg
as of the day of _ 19(the „Contract"),
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a copy of which is attached hereto and made a part hereof, for
construction of water, sanitary sewer, and drainage improvements
i to serve Teasley Plaza Addition an Addition to
the City o Denton, Denton County, Texas;
i
NOM, THEREFORE, the condition of this obligation is such
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 recodified in Chapter S3,
Subchapter I of the Texas Property Code, supplying labor and
materials in the prosecution of the work provided for ik said
Contract, then this obligation shall be null and void, otherwise,
it shall regain in full force and effect.
This Bond is made and entered into solely for the protection
of all claimants supplying labor and material in the prosecution
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 5472d, Revised
Civil Statutes, as recodified in Chapter $3, Subchapter I of the
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
i 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
specifications accompanying the same shall in any wise affect its
obligation on CNis 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. f
PROVIDED FURTHER, that no final settlement between the City
and/or Developer and the Principal shall abridge the right of f
any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in tripli-
cate, each one of which shall be deeded an original, this the
l4 day of November 19 88 i
PRINCIPAL
3 Jeske Construction Company
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CONTRACTOR'S PAYMENT BOND/PAGE 2
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/J. BY:
SECRETARY` P A P.O. x 59025
)all Texas
(Address)
A~
}
P.O. Box 59025 Dallas, Tx. 75229
LA ress
SURETY
SAFECO INSU CE COMPANY OF ICA
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rlfi BY:
! orney- n- a t
ETARY (SURETY)
Steven F Passey
2701 N.-Central Expressway
Richardson, Tx 75080
[Address) i
VMRSS A I
2701 N. Central Expressway
RirhArAgn A ress
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NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND F
MUST NOT BE PRIOR TO DATE OF CONTRACT.
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CONTRACTOR'S PAYMENT BOND/PAGE 3
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05535241
Bond
07b3L
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PROJECT NO.
CONTRACT NO.
i CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
E
That Jeske Construction Company
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of Dallas County, Texas, hereinafter called Principal
and SAFECO INSURANCE COMPANY OF AMERICA
a orporat oa organ ze under t e, aws o the State o k
uthorized to do business in the State of Texas, here na ter
and authorized'
called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City"in the penal sum of ten thousand four hundred i `
t i
1 sixty-six dollars and forty-eight cents (-k 10,466.48 )
Do acs, aw u money o t e Un to States, the sa sum be ng
ten percent (10%) of the total amount of the hereinafter men-
tioned contract, for the payment of which sum well and truly to
k be made we bind ourselves, our heirs, executors, administrators, I
and successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Contractor, dated the 14 day of \ovember 19 88 in
t
the proper performance of which the City o Denton, Texas, has
an interest, a copy of which is hereto attached and made a part
hereof, for the construction of: {
water, sanitary sewer, and drainage inprovemenLS
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CONTRACTOR'S MAINTENruvCE BOND-PAVE ONE
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NOW, THEREFORE, if the Principal shall well, truly, and
faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (1) year from the
date of acceptance in writing by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other
cause or condition, known or unknown, at any time during the
period of this bond, which the city engineer, whose judgment
shall be final and conclusive, deter,~ines to be the result of
defective work, materials or labor; then this obligation shall
be void, otherwise to remain in full force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply
such materials as necessary and charge the sum against the said
Principal and Surety on this obligation.
It is further agreed that this obligation shall be continued
I one against the Principal and Surety and that successive
E recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond
shall have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed,
diminished, or in any manner affected from any cause during said
time.
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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-
cate, each one of which shall be deemed an original, this the
14 day of Novenber , 19 88 `
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PRINCIPAL SURETY
f Jeske Construction Company SAFE NSURANCE COMP OF AMERICA `F
BY: O. BY: l{/
RNE -I - St n F. Passey
' F.
CONTRACTOR'S MAINTENANCE BOND-PACE TWO
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NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
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ATTEST:
j SECRETARY
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CONTRACTOR'S MAINTENANCE BOND-PAGE THREE
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SAFECO INSURANCE COMPANY OF AMERICA
POWER OF GENERAL INSURANCE COMPANY OF AMERICA
ATTORNEY HOME OFFICE SAFECO PLA2A
SA.+0 SEATTLE, WASHINGTON 98185
No 4105
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OFAMERICA,each
a Washington corporation, does each hereby appoint
EY-----------~~~~------------
--STEVEN F. PASS
its true and lawful attorrwIrt0in-foct, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and otherdocumenis of a similarcharacter issued in the course of its business, andto bind the respective company thereby. 11
E
IN WTTNESS WHEREOF, SAFECO INSURANCE COMPANY OFAMERICA andGENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this 15th day of May 19 81
1
CERTIFICATE
Extract from the 8y-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS the President, any Vke President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys-in-fact of under other appropriate titles with authority to execute on tease ofthe
its
company fidelity and surety bonds and other documents of similar character issued by the company In thie
business, On any Instrument making orevidencing such appointment, the signatures may be affixedby facsimile. On any
Instrument oonferring such authority or on anybondor undertaking of the company, the seat, or a facsimile thereof, may be
impressed or affixed or In any other mannef reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking"
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA t
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On arty certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and {
(i7 A copy of the power-of-attorney appointment, executed pursuant thereto, and 1
{iii) Certifying that said power-of-attorney appointment is in full force and effevrt,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws andof a Resolution of the Boardof ti
Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true andcorrect, andthat both the
By-Laws, the Resolution and the Power of Attorney are still in full force and effect. l
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
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this 14th day of November 1988
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597< R99/xl "TED M U$A
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EXHIBIT
SECTION 00300
PROPOSAL
TO
COMMONWEALTH FINANCIAL _
FOR THE CONSTRUCTION OF
i
j TEASLEY PLAZA IMPROVEMENTS
I IN
DENTON,TEXAS
The undersigned, as bidder, declares that the only person or parties interested In this
proposal as principals are those named herein, that this proposal is made without
collusion with any other person, firm or corporation; that he has carefully examined the
form of contract, Notice to Bidders, specifications and 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 labor, machinery, tools, apparatus,
and other items Incidental to construction, and will do all the work and furnish all the
materials called for in the contract and specifications In the manner prescribed herein
and according to the requirements of the City as therein set forth.
It Is understood that the following quantities of work to be done at unit prices are
~r approximate only, and are Intended principally to serve as a guide in evaluating bids.
It Is agreed that the quantities of work to be done at unit prices and material to be
furnished may be Increased or diminished as may be considered necessary, In the opinion
of the City, to complete the work fully as planned and contemplated, and that all
quantities of whether increased or decreased are to be performed at the unit prices set
forth below except as provided for In the specifications. )
It is further agreed that lump sum prices may be increased to cover additional work
1
ordered by the City, but not shown on the plans or required by the specifications, In
1 accordance with the provisions to t". General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered
It is understood and agreed that the work Is to be completed In full in 60 work days.
f
Owner reserves the right to reject any and all bids. Owner may Investigate the prior
performance of bidder on other contracts, either public or private, In evaluating bid
proposals. Should bidder alter, change, or qualify any specifications of the bid, Owner
may automatically disqualify bidder.
The undersigned hereby j
required, In strict accordance with the plans and speciform all work of whatever nate
ffi ation% for the following sumuror
prices, to wits
SEE ATTACHED ITEMIZED SHEETS
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00300/3494-2
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A1.LII FOMMAL 7PASM PLAZA INPTOMMC3 did
PCOM & POMULS PliGINP.Ot L'Ip1YQZi?71 PIitP(PAL
PACE 1 OF 6
PAVING AMID MAINA M DVYOVIjVWM
ITEM QjwlTY tNIT LESCRIPTICN INIT PRICE AMXM
{ 102 l IS For unclassified
Including on-site drive aoftexcess
useable fill material at location
determined by Owner and off-site disposal
of spoil material, including all labor,
materials, tools, excavation, backfill and
final cleanup.
Four Thousand Eight Hundred dollars
and no cents
per lump sum, complete in place. $4.800.00 $4,800.00
201 i5 SY For removing existing reinforced
concrete pavement, Including all
labor, materials, tools, excavation,
backfill and final cleanup,
Eleven dollars
I and no cents
per square yard, complete in place. $11.00 5165.00
401 1730 SY For Installing 6-Inch reinforced
concrete paving, Including all
labor, materials, tools, reinforcing steel,
excavation, backfill and final cleanup.
Sixteen dollars
and Eighty cents j
per square yard, complete In place. $16.80 $29,064.00
404 59 LF For installing 6-Inch, 3000 P.S.I. i
reinforced Integral curb including
all labor, materials, tools, excavation, I
! baekfill and final cleanup.
3 Two dollars
and no cents ;2.00 5118.00
per near foot, cane ete in place. _
$14 20057 3Y Lime stabilized subgrade, including E
labor, materials, tools, excavation,
backfill and final cleanup. i}
Three dollars E
f
and ten cents
per square yard, complete In place. $3.10 $6,376.70
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03WAIi1FALTA FIIAPCIAL TFASLEY PLAZA Im?rDVPbHr'IS -
PCWL dm FOACUs ffiiDll4si M i7f] UZEn PIcpCAL
PACE 2 tF 6
171M QLAM INIT DESCRIPTICN WIT PRICE TOTAL,
515 33 TN 1'ME "A" hydrated lime, Including
all labor, materials, tools, excavation
f backfill and final cleanup.
Seventy dollars
I and no cents
per ton, complete in place. $70.00 $2,310.00
600 2528 SF For furnishing and installing 4-inch t
2000 P.S.I. reinforced concrete sidewalk J
Including all labor and materials, tools,
special equipment, excavaticn, backfill
and fina; cleanup.
Two dollars
and twent cents
per square foot, complete in place. $2,20 $5,561.80
604 69 LF For sawed breakout groove for
pavement removal, Including all labor, 3
materials, tools, excavation,
backfill and final cleanup. }
Two dollars
and no cents
per linear foot, complete In place. $2.00 $138,00 j
1002 40 LF For furnishing and installing 18-Inch
Class IV reinforced concrete pipe, including
all labor, materials, tools, excavation,
embedment, backfill and final cleanup. f
Thirty dollars
and no cents '
per linear foot, complete In place. $30.00 $1,200.00
1006 117 LF For furnishing and installing 30 inch
Class 1V reinforced concrete pipe,
' including all labor, materials, tools,
special equipment, excavation,
backfill and final cleanup.
Forty dollars
and no cents
per linear foot, complete in place. $40.00 $4,680.00 j
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024CNWALTH FIIi4N AAL 17ASLF.Y KAM IbP1 VH*NM
POWM PCWMV f3V lmm I1F71tIZFn PII<Pf)riAL
PACE 3 CF 6
1741 Q14.'7fi7Y MIT fY:4(R:P'f1(N MIT PRIM TOTAL
1201 1 EA For furnishing and installing 10-foot
standard curb Inlet, including all labor,
4 materials, tools, special "Irnent, -
i excavation, backfill and final clean up.
Two Thousand dollars
and no cents
each, complete in place. $2,000.00 $2,000.00
1356 l 1S For furnishing and installing erosion
control measures in accordance with
the City of Denton Specifications,
including all labor, materials, tools,
t special equipment, excavation, backfill,
and final cleanup.
a Three Thousand One Hundred dollars
and no cents
per lump sun, complete in place. $3,100.00 $3,100.00
1989 2 EA For furnishing and installing Safety
End Treatment per SEMPT Specifications,
Including all labor, materials, tools,
excavation, backfill and final cleanup.
Five Hundred dollars
and no cents
each, complete in place. $500.00 $1,000.00
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StBA7TAL FO1 PAVING AND rRAIK4(F. INP11"EMNi5 $60.513.30
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lU2rIIi41EAL>}i FI3iANC1AL MSIEY PIA2:A IIPIit7VPl~f'Nl8
POWIL & ~L, ITEIIQZEI? P1CFl38AL .i ENGUEM PACE 4 OF 6
VR+IM AND SANITARY SEHM IMPII<7VHVFXIS
ITIM QUMTIT MIT C UUPTI(N LI1IT PRICE AM)W
1 1 IS For furnishing and installing all
sheeting, shoring, bracing, sloped
trench excavation, or any other device or
system required by the Contractor's Trench
Safety Plan, Including all labor,
materials, tools, excavation, backfill and
final cleanup.
Eight Hundred Eighty dollars
and no cents
per lure sujn, eomrplete In place. $880.00 $889.00
3008 59 LF For furnishing and installing 6-inch, DR 18
polyvinyl chloride water pipe, including
all labor, materials, tools, excavation,
bickfill and final cleanup.
We1ve dollars
and no ecnts
per linear foot, complete In place. $12.00 ;708.00
v
3012 715 LF For furnishing and installing 8-inch, III 18
polyvinyl chloride water pipe, Including
all labor, materials, tools, excavation,
backfill and final cleanup.
Fourteen dollars
and Seventy cents
per linear foot, complete in place. $14.70 $10.510.50
3025 2 EA For furnishing and Installing 6-inch ~I
gate valves, Including
all labor, materials, tools, excavation,
backfill and final cleanup.
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Four Hundred Fifteen dollars
and no cents
each, complete in piece. $415.00 =830.00
3032 1.8 IN For furnishing and installing
cast iron fittings, Including all
labor, materials, tools, excavation,
backfiil and final cleanup.
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{ Two Thousand One Hundred Elghty dollars
and no cents
per ton, complete in place. 521180.00 $3,488.00
P-5
bid-b/3494-1
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PCW11 & PC1 LLI EIi amm 17S TM) MPOSAL
PACE 5 Cr 9
ITIM Qumm WIT DFSCWPTICN UNIT PRICE AJI XW
3033 5 FA For furnishing and installing
standard fire hydrant, including
all labor, materials, tools, excavation,
backfill and final cleanup.
One Thousand dollars
and nd cents
each, complete in place. ;1,000.00 $5,000.00
3059 570 LF For furnishing and Installing 8-inch
polyvinyl
all chloride
materials,etools,
excavation, backfill and final cleanup.
Fifteen dollars
1 and Thiri cents
f per linear foot, complete in place. $15.30 $8,721.00
3075 2 EA For furnishing and installing 6-Inch
PVC sanitary sewer lateral with plug,
including all labor, materials, tools,
excavation backfill and final cleanup.
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Four Hundred Ten dollars
and no cents
each, complete in place. $410.00 $820.00
3076 1 EA For furnishing and Installing
sanitary sewer cleanout, including all
labor, materials, tools, excavation,
backfill and final cleanup.
3
j Four Hundred Ten dollars
and no cents
each, complete In place. $410,00 $410.00 !
3077 4 FA For furnishing and Installing a 4-foot
diameter manhole Including all labor,
materials, tools, excavation, embedment, !
backfill and final cleanup. I
One Thousand Five Hundred dollars
and no cents
1 each, complete in place. $1,500.00 $6,000.00
P-6
bid-b/3494-1
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IFASIEY PIAM 110PFa/H1' M
awam I.TH FINANCIAL ITPh ZED PFFOPCRAL
s Pt3MM do Pl1MELL, ENGINEFR PAM 6 OF 6 _
` WIT PRICE TOTAL
r` 1M c&WrlT'Y iNIT MCRiYCICtz
3079 1 FA For furnishing and installing a 5-toot _
diameter manhole including all labor,
materials, tools, excavation, enbednent,
backfill and final cleanup.
Two Thousand Fifty dollars
and no cents
each, complete in place. ;2,050.00 $2.050.00
3090 133 SY For removing and replacing existing
reinforced concrete paving, including
all labor, materials, tools, special
i equipment, excavation, backfill and
j final clean up.
Thirty-Three dollars
acid no cents
per square yard, complete in place. $33.00 $4,989.00
I 3095 3 CY For furnishing and Installing 2,000 psi
concrete for Class G sanitary sever pipe,
erbe<lnent, including all labor, materials,
tools, special equipment, excavation,
l%ackfill and final cleanup.
Ninety dollars
and no cents $270.00 j
per cubic yard, complete in place. WAD
3343 3 FA For furnishing and installing an is-Inch
t sanitary sewer pipe plug Includiq, all
labor, materials, tools, special equipment,
excav,itlon, backfill, and final cleanup.
i
TlrentY-FiVe dollars f
and no cents I
each, complete in place. S 25.00 $75.00
I SWTOrAL FCR MTLR & SEFF.R INIPFO WIS $44,151.50
TO)4'AL AMOtW CF 13111 FOR AIL IWFOM4,NM $104.664.80
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BiDSUMMARY
For the Total Price of One Hundred Four Thousand Six Hundred Sixt -Five Dollars and
Twenty. Cents ($104 665.20 • which shall be equaf to the sum of the proposed unit prices
for each separately identified construction item listed In the attached itemized unit
price bid forms times the estimated quantity of each Item as indicated. The estimated
quantities of Items of unit price work are not guaranteed and are solely for the purpose
of comparison of Bids and determining an Initial Contract Price.
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure
proper compliance with the terms and provisions of the contract, to Instoe and
of ell rawt e
the work until final completion and acceptance, and to guarantee payment
clalms for labor performed and materials furnished In the fulfillment of the contract.
accordance with the tplans and spec fic be done shall be accepted when fully completed and finished in
The work
The undersigned certifies that the bid prices contained in this proposal have been care-
fully checked and are submitted as correct and final.
NOTE:--Unit and lump sum prices must be shown In words and figures for each item
listed In this proposal, and in the event of discrepancy, the words shall control. Should
ItIs reserved to ems in the lowest
work donep de under und this
b1d mt ted by anon any y other bidders ornltted~ the the right
proposa-
Receipt Is ereby acknowledged of the following addenda to the
contract documents:
Addendum No, 1 dated Received
Addendum Na 2 dated Received h
Addendum No. 3 dated Received l
Addendum No. 4 dated Received + I
Addendum No. 5 dated Received
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Signed
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(Seal - if bidder
Is a corporation) By:
Title
P-8
P/3484-1
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f ATTEST: -P.O. Box 59025
} Street Address
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Dallas TX 75229
Serf/ (city, state and z 7p7
Subcontractors (will) (WUMt) be used in the performance of this Contract,
CONTRACTOR
VV tts
By:
(Seal - if Bidder
is a corporation) ATTEST
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PROJECT NO. 2 b -~T
CONTRACT NO. 1&3
THE STATE OF TEXAS S
DEVELOPMENT CONTRACT _
COUNTY OF DENTON S
Denton Independent School District
Whereas,
hereafter referred to as "Owner,'' whose business address is
1301 North Locust, Denton, Tx 76201 ,
is the owner of real property located in tha corporate limits
i of the City of Denton, or Its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
"City"; and
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to insure
that all streets, water and sewer lines, drainage facilities
and other improvements which are to be dedicated to the public,
hereafter referred to as "Improvements," are constructed In i
3 I
accordance with the City's specifications, standards and
ordinances; and
i [select applicable provision as follows] :
1 J
-XI Whereas, the Owner elects to construct the Improvements
without contractor with another party as prime contractor, in
I which case the provisions of this contract which refer to
1r "Owner" of "Contractor" shall mean the Owner as namod above; or
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PAGE 1
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F whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with
whose business address is
hereafter
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, whi4h will, upon completion and acceptance by the
City, becote public property, are properly constructed in
accordance with the City's specifications and that payment is
made therefor;
I WITNESSETH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and Incorporated by
reference, to be installed and constructed at
Borman Elementary School
2424 Parvin, Denton, Tx 76205 f
the Owner, Contractor and City, In consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
ILI
and standard contained in Division II and III of the City's
Standard Specifications for Public works Construction, North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
PAGE 2
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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
1 orders. That all work on the Improvements shall be performed
in a good and workmanlike manner and to the satisfaction of the
I City Engineer of his representative. The City Engineer shall
decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the
j interpretation of specifications.
f
The Contractor shall furnish the City Engineer or
f his representative with every reasonable facility for ascer-
taining 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 E
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ised or condemned work or materials, or to follow any other
request or order of the City Engineer or his repres-rotative,
the City Engineer shall notify the owner of such failure and
i
may suspend inspections of such work until such failure is
remedied. If such failure is not remedied to the satisfaction
1
of the City Engineer, the City shall have no obligation under
F
this agreement to approve or accept the Improvements.
PAGE 3
(c) Insurance. To provide for insurance in accordance
with the insu>ance requirements applicable to contractors as
provided for In Item 1.26 of Division 1 of the Standard
Specifications for Public Works Construction, North Central
Texas, as amended, the provisions of which are expressly
incorporated herein by reference; provided, Sowever, for
purpose of this: provision only, "Owner," as used therein, shall
mean the City of Denton.
(d) Means en; Methods of Construction. That the means
and methods of construction shall be such as Contractor may
l
choose; subject, however, to the City's right to reject any
Improvements for which the means or method of construction does
not, in the judgment of the City Engineer, assure that the
Improvements were constructed in accordance with city
specifications.
2. !Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) 'Performance Bonds; Escrow Agreement. That If
building permits are to be issued for the development prior to
completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements
` shall apply, unless the development is a "one lot development,"
as defined by City's Development Code:
(i) a performance bond in an amount not less
than the amount necessary to complete the
Improvements, as determined by the City
Engineer, shall be submitted guaranteeing
i the full and faithful completion of the
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Improvements meeting the specifications of
the City, shall be In favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas, or,
(ii) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of $S0,000 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 insuring completion of the
Improvements. Without exception, the City's
escrow agreement form shall be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(1001) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, shall
be in favor of the City, and shall be
executed by an approved surety company
authorized to do business in the State of
Texas; or,
(11) if the total contract amount of all
Improvements is $501000 or less, as
determined by the City Engineer, or the
Improvements, 'regardless of the contract
amount, are for a "one lot development," as
j defined by City's Development Code, and a
payment bond- has not been submitted in
accordance with (1) above, owner and
Contractor agree and guarantee that any and
all debts due to any person, firm or
corporation having furnished labor, material l
or both in the construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the Improvements, the Owner f
and Contractor shall furnish a written
affidavit, in a form provided by the City
PAGE S
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i 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 unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
i
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
{ labor on, or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
c Retainage, ; Final Payments. (This provision (c)
applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
retain ten percent of the total dollar amount of the contract
price until after final approval or acceptance of the
improvements by the City. The Owner shall thereafter pay the
Contractor the retainage, only after Contractor has furnished
i
to the Owner satisfactory evidence that all indebtedness s
connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
~ G
satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements f
shall become the property of the City free and clear of all
i
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liens, clairs, charges or encarbrances of an
} acceptance of Y kind. If, after
the Improverents, any claim
i lien, charge or
~ encumbrance is Dade
or found to exist, against the
~ lAproveaents, or land ded#cated to the Cit
affixed, the Owner and Contractor shall upon'noticeibh they are
prorptly cause such clafa lien char a or encurabrancehto ity
8 be
~ satisfied and released or promptly post a bond with the City in
the arount of such clair, Iien, charge or encumbrance, in favor
of the City, to insure payrent of such cIair, lien, charge or
encumbrance.
(e) Hatntenance Bond. That
acre tance Prior to approval or
p of the Irproverents : b
' Y Lhe City, to furnish a
ralntenance bond in fort and substance acceptable to the Clty,
in the aaount of ten percent (101) of the contract aaount of
the•Irprorerents, insuring the repair and replaceeent of all
defects due to faulty raterial and
. workoaaship that appear
within one year fro■ the date of acceptance. The bond shall be 1
in favor of•the Clty and shall be executed by an a '
surety coapany authorized to do business in the State of Texased
{f) Indernlflcation. To indernif `
Ys defend and save
harness, the City, its officers
agents and erployees from all •
suits, actions or claims of any character, nape and description ~
brought for or on account of any injuries or darages received 1
~ {
as sustained by any s
person, persons or property on account of ~
the operations of the Contractor, his agents, erployees or
subcontractors; or on account of any negligent act of fault of ~
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the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
with costs, which may be obtained against the City growing out
of such injury or damage. _
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(g) Agreement Controllin . That the provision of this
t
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
construction of the Improvements.
3. Occu anc • One Lot Developments. Owner further agrees
as follows:
(a) That Owner will not allow any purchasers, lessee,
or other person to occupy any building within the development
until all Improvements are completed and accepted by the City,
+ and that upon
violation thereof will pay the City 530000.00 as
liquidated damages, but such payment shall not be deemed
f approval of such occupancy and the City may take whatever I
action necessary to restrain such occupancy.
(b) That if this contract applies to a "one lot
development," ps defined by City's Development Code, and no
performance or payment bond was required or submitted for the t
t
Improvements that are to be dedicated to the public, the Owner j
shall not be issued a Certificate of Occupancy for any building t
I
constructed or located therein until all required public
improvements have been completed and accepted in accordance
! with this contract.
1 4. Covenants of Cltv, That,, upon E
proper completion of the
i improvements in accordance with this agreement, the City agrees
PAGE, g j
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to accept the improvements.
5. Venue and Governing Lax. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
` s if legal action is necessary In connection therewith, exclusive _
' venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
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1 i 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 assigns..
Executed ip triplicate this; 14 day of December 19 68.
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OWNER CONTRACTOR
4
BY: BY:
CITY OF DENTON, TEXAS
BY:
ITT MANAGER
ATTEST:
a
ALTLKbp CITY S t'krlwkY t
i, APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
F f
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PROJECT NO. g-p
' CONTRACT NO. O
THE STATE OF TEXAS §
COUNTY OF DENTON DEVELOPMENT CONTRACT
Whereas, Grice,Temple Baptist Church
hereafter referred to as "Owner," whose business address is
1106 }lest Oak Street, Denton, TX 76201
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
r property and such '
A` develo went must be
P performed in accordance with the applicable
` ordinances of the City of Denton, hereafter referred to as "City";
and
i
E Whereas, as a condition to the beginning of construction of i
E
r f 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 public,
hereafter referred to as "Improvements," are constructed in % gccordance with the City's specifications, standards
and
ordinances; and
' (select applicable provision as follows]
,
( ] Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
y,
.a
t,f+
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1
which case the provisions of this contract which refer to "Owner" _
or "Contractor"'shall mean the Owner as named above; or
1, O Whereas, the Owner elects to make such Improvements here-
after set forth by contracting with Larry Manning, inc.
whose business address is
RFD_fl Denton, Tx 76201 , hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has an
I
interest in insuring that the Improvements subject to ;this
i agreement, which will, upon completion and acceptance by the City,
}J become public property, are properly constructed in accordance
with the City's specifications and that payment is made therefor;
WITNESSETH
As to the Improvements to be 'dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
f reference, to be installed and constructed at Grace Temple Baptist
Church, 1106 west Oak Street, Denton, t% 76201
Grace Teaole Avenue Street Construction
the Owner, Contractor and City, in consideratiun of their mutual
! promises and covenants contained herein, agree as follows;
j 1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the Improve-
ments in accordance, with the procedures, specifications and
PAGE 2
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standard contained in Division IT and III of the City's Standard
Specifications for Public Works Construction, North Central Texas,
as amended, and all addendums thereto, and all other regulations,
ordinances or specifications applicable to such Improvements, such
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 f
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide all
o-
` j questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
spo:cificdtions.
The Contractor shall furnisli the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work done or materials
used without suitable inspection by the City may be ordered
! removed and replaced at Contractor's expense.
E 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 f
PAGE 3;
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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) Ins e, To provide for insurance in accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division I of the Standard Specifications ~ for
Public Works Construction North Central Texas, as amended, the
provisions of which are !
expressly incorporated herein by -1
I
reference; provided, however, for purpose of this provision only,
{ "Owner," as used therein, shall mean the City of Denton.
i
(d) beans 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 4
constructed in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and {
Contractor mutually agree as follows: `
!
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~z) Performance Bond Escrow Agreement. That if building
permits are to be issued for the development prior to completion
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f 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 complete the determined by he City Engineer, ov 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
surety company authorized to do business in the
State of Texas; or
(ii) if the cost of completing the Improvements, at the 1
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 necelgary
to complete the Improvements, as determined by the
City Engineer, 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
be used.
(b) Payie nt Anna' 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 (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
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
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
j paid and satisfied before acceptance of the
{
PACE 5
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j Improvements by the city and that, prior to acceptance
of the Improvements, the owner and Contractor shall
furnish a written affidavit, in a form provided by the
city Engineer, stating that all bids, charges, accounts
or claims for labor performed and material furnished in
connection with the construction of the Improvements
have been paid in full and that there are no unreleased
recorded liens filed against the Improvements, or land
to which they are affixed, that are to be dedicated to
the public.
Thar, upon the request of the City Engineer, owner or
Contractor shall furnish a complete list of all
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 suppliers that they~4ave
been paid in full.
(C) Retainage• Final Payments. (This provision (c) applies
only where the Uwner and Contractor are not the same party.) That
as security for the faithful completion of the Improvements,
Contractor and vdner dyree that the Owner suali retain ten percent I
of the total dollar amount of the contract price until after final
approval or acceptance of the Improvements by the City. The owner
shall thereafter pay the Contractor the retainage, only after
contractor has furnished to the Owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due
R
! for labor, materials, apparatus, fixtures or machinery furnished
for and used in the performance of the work have been paid or
otherwise satisfied.
(d) Encumbrances. That upon completion and approval or
Y!
acceptance of the Improvements of the City, the Improvements shall
i
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become the 'property of the City free and clear of all liens,
claims, charges or encumbrances of.any kind. It, after acceptance
of the improvements, any claim, lien, charge or encumbrance is
made, or found to exist, against the improvements, or land
dedicated to the City, to which they are affixed, the owner and
contractor shall upon notice by the City promptly cause such
claim, lien, charge or encumbrance to be satisfied ana released or
promptly post a bond 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,
(e) Maintenance Bond. That prior to approval or acceptance
of the Improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
E
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 favor of the City and shall be
executed by an approved surety company authorized to do business
in the State of Texas,
i (f) Indemnification, To indemnify, defend and save 1
I, harmless the City, its officers, agents and employees from all i
I
suns, actions or claims of any character, name and description
brought for or on account of any injuries or damayes received as
sustained b an
y any person, persons or property on account of the
E PAGE 7
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operations of the Contractor, his agents, employees 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 such injury or
damage.
(g) A reement Controllin , 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.
a
J 3, Occupancy, Owner further agrees that Owner will not allow
! any purchasers, lessee or utner person to occupy any buildiny
within the aevelopment until all Improvements are completed and
E
accepted by the City, and that upon violation thereof will pay the ?
City $31000.UU as liquidated damages, but such payment shall not l
oe deemed approval of such occupancy and the City may take what-
ever action necessary to restrain such occupancy,
i
4, Covenants of City. That, upon proper completion of the i
Improvements in accordance with this agreement, the City agrees to
accept the Improvements,
i
S. Venue and Governing Law, The parties herein agree that
E this contract shall be entorceaole in Denton County, Texar, and if
legal action is necessary in connection therewith, exclusive venue
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shall lie in Denton County, Texas, The terms and provisions of
this contact shall be construed in accordance with the laws and
court decisions of the state of Texas.
b. Successor and Assigns. This contract shall be binding upon
and inure to the benefit of the parties hereto, their respective
successors and assigns.
Executed in triplicate this,j day of AbA4!X , 19_1
OWNER CONTRACTOR j
' Grace Teeple Baptist Church Larry Manning, Inc.
BY: BY.
rI r,CJd
I
E CITY OF UENTON, TEXAS
E i
{
BY.
C44; R
ATTEST:
CITY SECRETARY
DE TON, TEXAS
C MO
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f
CITY OF DENTON, TEXAS !
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EXHIBIT A
L
STREET PAVING
for Grace Temple Avenue
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f 1 n'tPrice a
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Excavation S/LS Lump Sum S D~.GO
I Street Intersections _$/LS Lump Sum Lo, go
Lime Stabilization
9,00 S/SY 1144 SY ro
Hydrated Lime 90, oo S/Tn 10.3 Tn $eo
I 1/2-inch IIMAC Type D q2
-;93 0 S/SY 863 SY S; ao
3 1/2-inch IIAfAC Type A SOS/S 863 SY SSQ
Concrc[c Curb and Gutter ,S,SOS/LF 574 LF $
3e
Concrete Driveway Approaches Ile 3 2 ca
TOTAL Street Pas1ug SZ2~JYp
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PROJECT NO.
i
r
THE STATE OF TEXAS CONTRACT N0. / S7
9
COUNTY OF DENTON DEVELOPMENT CONTRACT
9
Whereas, Jesse Coffe
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hereafter referred to as "Owner," whose business address is _
614 First State Bank Buildln , Denton, TX 76201
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 1
Y such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as "city";
and
!
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to insure i
! that all streets, water and sewer lines, drainage facilities and
other improvements which are to be dedicated to the public,'
! r
hereafter referred to as "Improvements , are constructed in
accordance with the City's specifications _
, standards and
ordinances; and r<
(select applicable provision as follows)
i
] Whereas, the Owner elects to construct the Improvements '
without contracting with another f
party !
as prime contractor, in
i
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i which case the provisions of this contract which refer to "Owner"
or "Contractor" shall mean the Owner as named above; or
}
(XXXXxxxj Whereas, the Owner elects to make such Improvements here-
after set forth by contracting with _Jay-Mar Corporation
whose business address is
9080 Highway 2181, Denton, TX 76205 , hereafter
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 specifications and that payment is made therefor;
WITNESSETH
~ i
As to the Improvements to be dedicated to the public, as ? j
specified in Exhibit A, attached hereto and incorporated by
i
_ reference, to be installed and constructed at Westgate Hills North,
Phase 1, a 36 lot residential development j f
the Owner, Contractor and City, in consideration of their mutual
i
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
~ E
(a) Specifications. To construct and install the Improve-
ments in accordance with the procedures, specifications and
PACE 2
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ii standard contained in Division II and III of the City's Standard
Specifications for Public Works Construction, North Central Texas,
as amended, and all addenduas 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.
I
(b) Authority of City Engineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
i
specifications.
s
The Contractor shall furnish the City Engineer or his 1
7
j representative with every reasonable facility for ascertaining
' z
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.
I
Upon failure of the Contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
i replace, if so directed, rejected, unauthorized or condemned work
I
or materials, or to follow any other request or order :)f the City
PAGE 3
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Engineer or his representative, the City Engineer shall notify the
1 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 Division I of the Standard Specifications for
Public Works Construction, North Central Texas, as amended, the
provisions of which are expressly incorporated herein by
reference; provided, however, for purpose of this provision only,
i
"Owner," as used therein, shall mean the City 1)f Denton. I
(d) Means and Methods of Construction. That the means and
methods of construction shall be such as Contractor may choose;
subject, however, to the City's right to reject any Improvements
for which the means or method of construction does not in
the
judgment of the City Engineer, assure that the Improvements were
constructed in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows: 1
E
(a) Performance Bond- Escrow Agreement. That if building F
permits are to be issued for the development
prior to completion t
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and acceptance of all Improvements that are to be dedicated to the
public:
r
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
guaranteeing the full and faithful
completion of the Improvements meeting the
j specifications of the City, shall be in favor of
the City, and shall be executed by an aved
surety company authorized to do business inrothe
State of Texas; or
t
(ii) if the cost of completing the Improvements, at the
M time building permits are requested, is' in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
excering completion of the Improvements. Without
P , the City is escrow ao ~I
be used. oreement form shall
I .
(b) Payment Bond-
Assuranceof Payment. That prior to
acceptance of the Improvements:
x
M a payment bond will be furnished in an amount not
less than one hundred percent (1004 of the
approximate total cost of the contract cost of the
Improvements guaranteeing
protection of all claimantshsu pull and proper f `
material for the construction ofptheiImprovementsd r
f shall be in favor {
executed b of the City, and shall be ~
I by an approved surety company authorized ~
to do business in the State of Texas; or
r (ii) if the total contract amount of all Improvements
is less thin X50,000 and a
been submitted in accordance withent bond has not
and Contractor agree and guarantee i)thaty any wand
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
PAGE 5
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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, stating that all bids, charges, accounts
or claims for labor performed and material furnished in
connection with the construction of the Improvements
have been paid in full and that there are no unreleased
recorded liens filed against the Improvements, or land
to which they are affixed, that are to be dedicated to
the public.
I That, upon the request of the City Engineer, Uwner or
Contractor shall furnish a complete list of all
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 suppliers that they helve
been paid in full.
(c) Retainage; Final Payments. (This provision (c) applies
only where the owner and Contractur are not the same party.) That
as security for the faithful completion of the Lrpruvements,
Contractor and Uwner agree tndt the Uwner shall ritain ten percent
of the total dollar amount of the contract price u11tL1 alter final L
approval or acceptance of the Improvements by the City. The Uwner
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shall thereafter pay the Contractor the retainage, only after j
Contractor has furnished to the Owner satisfactory evidence that I i
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
otrierwise satisfied.
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{d) Encumbrances. That upon completion and approval or !
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acceptance of the Improvements of the City, the Improvements shall
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uecome the 'property of the city tree and clear of all liens,
claims, charges or encumbrances of any kind. It, 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 encumurance to be satisfied aria released or
promptly post a bond with the City in the amount of such claim, j
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 city, to furnish a maintenance bond in
tuna and substance acceptaoce to the City, in the amount of ten
percent (104) of the contract amount of the Improvements, insuring i j
the repair and replacement of all detects due to faulty material
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and workmanship that appear within one year from the date of ; f
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1 acceptance, The bond shall ue in favor of the City and shall be f
executed by an approved surety company authorized to do business
in the State of Texas. iIf
I (f) Indemnification. To indemnify, defend and save t
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i, harmless the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any in)uries or damages received as
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! sustained by any person, persons or property on account of the
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i' operations of the Contractor, his agents, employees 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 3udgment, with costs, which
may be obtained against the City growing out of such injury or
damage,
(9) Agreement Controlling. That the provisions of this
ayreement shall control over any contlicting provisions of any
contract between the Owner and Contractor as to the construction
of the Improvements.
'fff 3. Uccupancy. Uwner further ayrees that Uwner will not allow
any purchasers, lessee or other person to occupy any buildiny
within the development until all Improvements are completed and
accepted by the city, and that upon violation thereof will pay the k
City $3,UUU.UU as liquidated damages, but such payment shall not jf
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oe deemt;! approval of such occupancy and the City may take what- i
ever action necessary to restrain such occupancy.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City ayrees to
accept the Improvements, j
5. Venue and Governing Law, The parties herein agree that
this contract shall be enforceaole in Denton County, Texas, and if
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j legal action is necessary in connection therewith, exclusive venue
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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 Assiyns. This contract shall be binding upon
and inure to the benefit of the parties hereto, their respective
successors and assigns,
4 Executea in triplicate this, Ilth day of January , 19 88 ,
OWNER CONTRACTOR
JAY-MAR CORPORATION, INC.
BY:
BY:
sse Coffey Phillip Hutchings, Vi -President
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CITY OF OE'NTON, TEXAS
BY
4IY NA GER
ATTEST:
t
N, CITY SECRETARY
C OF DENTo TEXAS
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APPROVED AS TO LEGAL FORM: f~
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY !
CITY OF DENTON, TEXAS l
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BY:
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PROJECT NO. _
CONTRACT NO.
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That JAY-MAR CORPORATION, INC.
Denton
of Denton County, Texas, hereiuaiter called Prinr.ipol
and AETNA CASUALTY AND SURETY COMPANY
R a Corporation orgaai zer tt_oe laws o the State of Connect cut 4
i' and authorized to do business in the State of Texas, here naFter
called "Surety", are held and firmly bound unto the City of
j Denton, Texas, a llunicipal Corporation, in Denton County, Texas,
hereinafter called "City"in the penal sum of Two Hundred Twenty-two
Thousand Two Hundred Twenty-one Dollars and 80/100 - - ($222,2:1.80 )
Do ars, aw u money o the Un to States, the sale sum be?.ng i
ten percent (10;Z) of the total amount of the hereinafter men- j
tioned contract, for the payment of which sum well and truly to
be made we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally.
G
THE Condition of this Obligation is such that:
VHEREAS, the Principal entered into a certain contract with
Contractor, dated the 11th day of January 19 88 , in
the proper performance-of-which the C_1 ty oEDen- Texas, has
an interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
water mains, sanitary sewer services and street paving for a 36 lot residental `
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development to serve WESTGATE HILLS NORTH, Phase I, in the City of Denton,
Denton County, Texas
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CONTRACTOR'S MAINTENANCE BOND-PAGE ONE
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i NON, THEREFORE, if the Principal shall well, truly, and
faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (1) year from the
date of acceptance in writing by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited tc, 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 i
cause or condition, known or unknown, at any time during the
# period of this bond, which the city engineer, whose judgment
i shall be final and conclusive, determines to be 0 result of
f defective work, materials or labor; then this obligation shall
f be void, otherwise to remain in full force and effect.
In case the said Principal shall fail I ' o maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply
such materials as necessary and charge the sum against the said
Principal and Surety on this obligation.
It is further agreed that this obligation shall be continued
! one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
I conditions herein provided until the full amount of this bond 4
shall have been exhausted, and it is further understood that the i
4 1 obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed,
diminished, or in any manner affected from any cause during said
time.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County.
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IN WITNESS WHEREOF, this instrument is executed in tripli-
cate, each one of which shall be deemed an original, this the
Ilth day of Janl:ary , 19 88
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PRINCIPAL SURETY
JAY-MAR CORPORATION, INC. AETNA CASUALTY AND SURETY COMPANY
E
BY: A BY: i gs, c res. lV1Uj{hj~-1-, E~ C Stevens
CONTRACTOR'S HA1NTEVANCE BOND-PAGE: TWO
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Till ,ETNA CASUALTY AND SURETY COMPANY
d Hudord. Connscricvt 06115
LaH fiCA9lMLTY
POWER OF ATTORNEY AND CEATMATE OF AUTHORITY OF ATTORNEYISWFACT
o,OWAl MVI M TWMPPeUKM rMTTKI ATM CASUALTYAND SUNY OWL}ANY, eve P, 1, 4MlywW&tWurWff,a4rauadVd
iurdCamad~tiaM~winiisM ►deMaiavwGrdNr Betty L. TTownsen,aEarll C. Stye ens at Sand
aoed+aa W ar M aM.r pemmra aMaWL sardWma ane NrooMt Y
6atchelor - -
r
I or Carrollton, Texas IrvwrMtx.WkwtwlWkrc.wtedoe+r Wa'°"nta'a►rW"tw"i
{Y r drl 41w40 W od"NAWax. r aw Mrs W"R M~N~"" wtaLL or, Y Ma bYO+Mt Mr be taN ik .MME M Yw "s MF iMUa
. of WdarYy wAwvMG**
k Wkdemrwdfrwwt rw am aq w d fwanawWaarL.. h , d,l.w.ar.rgt ripw N as F 0AMda awL
nrsbww% or w%%0w4 .asrWWM. W w ww as awwwo Owowws not exceeding the aus of 0'2 HILL I0,3
($1,000.000.00) DOLLARS -
W r mins M .tT1M W11AL1Y AIq 6L111[TY COAIAffY, fMrekY r fuey aM r M aawr erred r f Y uad wra atarrW b as dAV
adMaMraadewsdTlM ATTTMGNlALTYAAD MAfTYCplAA1Y, Was Ms adm d aaNlimataayfaliadrC w wr r M &^erW Aria
weL M Wre" NOW W oral wra
TWr UpsWMasoe k era Wr W M atrf 41 go WriawMp rndm f ArdMee m of oak Cerpaq rrw srohMmrr w NOW ie Wd ISM
f rs a6t~
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V011D: TWr eider Wfwkq aslare C►dMraLVI■ Otdwra hedsraM 6nrMd.aVlw hrYaMMAAwy idarVlae hridatr. A"Vkv
Rw~ar
1 ►rarrt~hrA.irurvl.ti.drrr.A.r6a.a.wA~AarwrS.«+rwawta.w■M.aa~w+nAadawvww+«a.rL
Irirrt6snsluW. AtaMeayeie/eat WApa■■adrf W mace/aftaCrrPany W rMaysMeaMMYerde gpwraaur uMeeeMWY r Aie
art►~ae si edaaAy ray rrasllm r dMt w M CarMPaMMy'a erns W W wet M CaeMPorYo W bnaL Mwsn:unrMa ssMVasa d
wdp"4. W efMr won" dMasdaryr Y srr d a bna nagd■MrL rarddeow Wrrr* rH MN of r4 Mora r ow Mots of
&VIOm w ■ Ply Ma M OW WI gpda■a W Make M Prow W $10" ft 0000 *L
VOTM TWraq as"Fuaplowm.MaerdkM/Mnn/. rw""emm VIN Manawds bn NeerirnaL erwMWwd nnhrrrq
I Mtn b wH W UNA" apes aka dngnq dm W ayma M r OWMA . srVha 0600 ft pnWant M teearM vw hridrr, a
! euir Vb OMM0 t, a Nr Prow" a Ark" VIw hrfad r M d NNW" V1w hadswt Wrrr r Ma Pprr MumM- in fw
w dow"Of MMMnI of aMrkMddaar NrhrlYK w Mp wood ow Was rM M C&V*wwa rd w a 6wawy or Aewa rr Mrwry
~irme fom rd, If"0664 IV ~io i am Mrsryalnla■ l+rra r Ma War learMa M We r • WGAWId Of MGWM d
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TM hrnrsiAdrnay and Csq dAMMiy IS dfnW W a" M Orin b ■rr W M rdrrty a(Ma 4Mriq Mafq WaoAMeer
ant M M 6M of MVVM of M ArM WtMLTY AND $M j V OOWIANY u6w AnaWda Is new is W Was W now
VOTTD: no MadPa et ar site Aardq osom ashmm "em QakeuMt ha id" Any 6asrM~Vew hwNrL AMry Sonlmr Vkr
Y.AtMyAsherSaummarY.WMaortdfrCaaMPatrravyrafaaoeM ,
ikp r AnIVfrhddntMyAodr VYahoAim&MySwum
hakPft r M parr of ONNOW of r ON *&Vi $ Mdriq trove appeal" 9=69" Via hedarrL 11rWMa Ardent tw" w r '
/rraeyakefarWY pMnPaar aaftr siaaamMsms mns nmmMlMM eenaa W uniraallMpo W err srr emasnmry' w ar ndwa M reef. W am
aM,i pamrr deamMeay drMArr MaMS aueW WrdrladtrMSa w bdrtY W oWd brae W rnfeN ups M Canipanr and rryt aadM
par as wraa sea erfMe M age farMMY dfMirMn W bmhw e W Aw be aria ow DYMdq upa to ONnpny is M Mute wen
n!Mw r mry bad r ■Mn U*4 r eW 3t k meta `
wVMTTt V14411W.MAFTM CAt1IALTY AND WAVY COWAW cum wuad M waruMnre rb*V4dNd Assistant f
af~s Pre id"t t< . Me be rrprer W to be wet Mad "a 9th
December 67
Tt/ AFM TY PAW/ C Nff
ram si e.Ar.r.d J Ki ersan
IL Nrdre Assistant Vice President
CaMrrY d IIrM
Oetk 9th card December H 87 baararowanMg aarr JOSIn P. KIS><11A]I
to nr lwewo. wWL wnIV ro Ody"aft dd apaa ens ow ad a✓dr Y Asaistant lice trasidant al
M ATffM CAfUAIT/Af0 MII[TYCOWAfIY, M Lrpendea Qna4WW M W Peaks aaemrM tlia abre MmurrfMOnC per sohna IrgW Ma
W sia.w rMpraaam: sad M W mama ■ fr end YMdreanrr k mwA oroww Baal; W Mr fMVdi. M■awa to rW +raw+rr an kdwl
of" orprsar y oww4 y d - 10 - afar ,rear fr ferMMp rweearrm swear
ALM -A
eta sour Mm,tM a, n 9l Pwbk
Ceer~s A. terry, Jr.
es1T>wun
L w am"Ve as Seers torryt d M C11U1 CJVUALTY AND ttxm COaMAfaY, a amA ae Pradam d fr
Mrs dC.w A@a" DO NeIOY C~lM r d MabtIgW4 W arrWed Pow siAwrney W Cr6ftM aiAutrtay Mrwrnin fur lrea W
Wr rr kew taker, W WadMaMrMrL fad w Mwdas AeaMdw sit. Nrf d OirarrL w mr frt in fw CrMcwd AMrdarrY. w mew
r IaMaL
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NPW MIt16Wed d 10 KWA Oft W M C&*pW. r to Oq of Nr6MK 6■r Dow Mla ay w
•,y . of d S
.a "lac
/ J V. VeleAa
Secretary
.14at14 M?7e N■Mfep M LLfa
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NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BONI)
MUST NOT BE PRIOR TO DATE OF CONTRACT.
s,
ATTEST:
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+ SECRETARY
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CONTRACTOR'S MAINTENANCE BOND-PAGE THREE
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PROPOSAL
Westgate Hills North Phase I
a 36 Lot Residential Development
The following Proposal is hereby made to
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Jesse Coffey
614 first State Back Bulldlog
. Denton, TX 76201
In the City of Denton, Denton County,
Texas
t lUndersigned, as bidder, declares that the only person or parties interested in this
proposal as principals are those named herein, that this proposal is made without
collusion with any other person, firm, or corporation; that he has carefully
examined the form of contract, Notice to Contractors, specifications, and the plans
therein referred to, and has carefully examined the locations, conditions end classes
of materials of the proposed work; and agrees that he will provide ell the necessary {
labor, machinery, tools, apparatus, and other items incidental to construction, and i
will do all the work and furnish all the materials called for in the contract and I
specifications in the manner prescribed therein and according to the requirements t
of the Engineer and the City of Denton as therein set forth.
It is agreed that the quantities of work to be done at unit prices end materials to be
furnished may be increased or diminished as may be considered necessary, in the e
opinion of the Engineer, to complete the work as fully as planned and contemplated
and that all quantities of work, whether increased or decreased are to be performed
at the unit prices set forth below except as provided for in the specifications. I
it is further agreed that the lump sum prices may be increased to cover additional
work ordered by the Engineer, but not shown on the plans or required by the
Specifications, in accordance with the provisions of the General Conditions.
Similarly, they may be decreased to cover deletion of work so ordered. I
It is understood and agreed that the work is to be completed in full within 90
working days after the date stated in the work order on which work is to be
commenced.
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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 to
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
l for the full (100%) amount of the contract to guarantee payment of all lawful claims
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 Denton, Texas,
- and (4) A twelve (12) month maintenance bond in the amount of ten percent (10%) of
the contract amount prior to acceptance and final payment for construction, The
work proposed to be done shall be accepted when fully completed and finished in
accordance with the plans and specifications, to the satisfaction of the Engineer and
the City of Denton. }
Q
The undersigned certifies that the bid prices contained in this proposal have been
carefully checked and are submitted as correct and final.
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NOTE: Unit and lump sum prices must be shown in words and figures for
each item listed in this proposal, and in the event of discrepancy, the
words shall control. Should bid prices on any items be omitted, the
j right is reserved to apply the lowest prices submitted by any othe{.
( bidders for the omitted items in payment for work done under this
ttt proposal.
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WATERMAINS
1 1(f~ Unit Price Ouantity Extension
Connect to existing system $ /LS Lump Sum $ .4S~r,rc {
6-inch watermaia 9.re S/LF 1154 LF S /r, cr i
i 12-inch watermaia /lro S/LF 741 LF S/+. ~.3scc i
6-inch gate valve .!+.cc, S/ea 7 to S ~.a:e.ra
12-inch gate valve 'I<c,cn S/ea 1 ea S yyara
' 6-inch tee A?r.co S/es 4 ea $ U6 .cr
6-inch bead /?;.cc, S/ea 2 ea S ~fd.co
Fire hydrant Fcr.rt$/ea 3 ea $
?ti'<e.ca
Double Water Service Group LN cc, S/ea 20 ea $ _,?ker,P
. ' ^ 1 1/2-inch Water Service Line Jso S/LF 433 LF S
6-inch Blow-off valve L2.. S/ea 2 ea $
S•Tr ry
12-inch Blow-off valve c.rai/ea 1 Co. $
N~rn,ro
TOTAL Watermains 5,;5,z,4,re,
ALTERNATE i,
12x5 inch Reduces .4 14 cc~'S/ea I CA S •3,•y.ro
8-inch gate valve k+.r ,S/w 1 ea $
sls~.ro# jj
8-inch watermaia S/LF 741 LF $ fi
8-inch Blow off valve o"r .r S.".o ! ea $
~~n ro
TOTAL Alternate S__ X.51P40
l3 ~3 38. 00
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SANITARY SEWER
LL= Unit Price Ouantity Extension
Connect to existing system 4r-q.co S/LS Lump Sum $
,~9h.nr
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8-loch sewer pipe, /o.cn S/LF 1075 LF S /o.,~6a•.oo
10-inch sewer pipe, 0-6 feet deep /S/LF 346 LF $
to^. pL
10-inch sewer pipe, 6-9 feet deep /d S/LF 345 LF SJ•?.Sa E
_ r {
' 10-inch sewer pipe, 9.10 feet deep 19.86 S/LF 235 LF S
J 10-inch sewer pipe, 10.12 feet deep S/LF 520 LF $ y 16W .ra
10-inch sower pipe, 12.14 feet deep __au $/LF 330 LF S l,n~?nG
10-inch Ductile iron pipe S/LF 54 LF S o~n.rp t f
s '
f 1 Standard manhole ~n.m S/ea 7 ea $ _a~ ~3n rn
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Extra depth of manhole 6 $/LF 26 LF $ Clean outs LeL'rt'$/Ca 2 ea $
yco•on
4-inch service wye flexe, $/ea 3E CA $
_ /,•5~ .ter,
4-inch service line .r ,S/LF 946 LF $ ~l90.DD
Adjust manhole to grade r. S/ea 3 ea S 4"r.o6
Concrete encasement IVrcS/LF 60 LF S
Trench safety 4 rr,S/LS Lump Sum rr
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TOTAL Saollary Serer S d18~
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STREET PAVING
t f Unit price Quantity Extension
}It Remove existing curb and gutter Lno S/LF 72 LF S /YVC0
! Excavation
S/LS Lum Sum
Lime Stabilization
Ir S/SY 9060 Sy $
~i.dzo.oC
Hydrated Lime
Ze.°o S/Ta 125 To $-L
a~,oC
1/2-inch HMAC Type D ,t..~ S/SY 7241 SY J
S ~r ioa.,at, ,
3 1/2-inch HMAC Type G s rs $/SY 4215 Sy i
If r
$
j 4 1/2-inch HMAC Type G C,vr S/SY 3026 SY
:Tcy.rrsb
$
Concrete Curb and Gutter sts S/LF 2177 LF f
" I 5 N~9 ss
+ Surbountable curb and Sutter G.re S/LF 2S38 LF 1
S /f.~gQ.ro ,
Concrete Flatwork
S/SF 579 SF
Erosion Control
YSeo.en
S/LS Lump Sum
Barricades, Pavement Markings
and Signs
S/LS Lump Sum S_ /,FSo.rn
Pavement Transitions
/S.a,ons/I,S Lump Sum $ /;5~ p~ C, L,L•
TOTAL EXCAVATION Si •~'c•s .db ¢
' ALTERNATE F
1 1/2-inch HMAC S/SY 3026 SY
S
4 1/2-inch HMAC S/SY 3026 SY S 1
Concrete curb and gutter S/LF 1935 LF S l
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Concrete Clatwork S/SF 163 SF $
5-inch concrete paving with
curb and gutter $/SY 5033 SY S i
TOTAL Alternate 1
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X- Do" w101- /Hu4D6
Sheer S eNs
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Receipt is hereby acknowledged of the following addenda to the contract
documents:
Addendum No. I dated Received
dated Received
Addendum No. 2
E
Addendum No. 3 dated Received
111(
Addendum No. 4 dated Received
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r ` . Addendum No. S dated Received
The undersigned understands and agrees that the OWNER reserves the right to
reject any or all Proposals or to waive any formality or technicality in any Proposal ii
in the interest of the OWNER except as specifically limited by the terms of the !
Contract Documents or applicable laws or Governmental Regulations.
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The Above Proposal Is Hereby Respectfully Submitted By: I
4 JAY- MA2 GR uCN~Ir~ F7
NAME OF CONTRACTOR / DATE j
• i"{G ~~.LAfNT it
EXECUT BY (NAME) (TITLE or POSITION)
00 j~err 4-
BUSINESS ADDRESS TELEPHONE NUMBER
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CITY STATE ZIP CODE
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PROJECT NO.
f CONTRACT NO.
i
THE STATE OF TEXAS
DEVELOPMENT CONTRACT
COUNTY OF DE11TON §
' Whereas, Denton Hall Joint Venture
hereafter referred to as "Owner," whose business address is
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r` 5215 North O'Connor Road, Suite 570, Irving, Texas 75039
is the owner of real property located in the corporate limits of
the City of Denton, or its extraterritorial jurisdiction; and
i Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as "City";
and
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to insure
that all streets, water and sewer lines, drainage facilities and
other improvements which are to be dedicated to the public,
hereafter referred to as "Improvements," are constructed in ;
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ti~. < accordance with the City's specifications, standards and
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ordinances; and
(select applicable provision as follows]
( x j Whereas, the Owner elects to construct the Improvements f
without contracting with another party as prime contractor, in
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which case the provisions of this contract which refer to "Owner"
or "Contractor" shall mean the Owner as named above; or
1-1 Whereas, the owner elects to make such Improvements here-
after set forth by contracting with N/A
whosr business address is
1
hereafter
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,
becone public property, are properly constructed in accordance
with the City's specifications and that payment is made therefor;
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WITNESSETH
{
As to the Improvements to be dedicated to the public, as ;
t
specified in Exhibit A, attached hereto and incorporated by t
t
reference, to be installed and constructed at Denton Auto Nall.
_ located at Loop 288 and Colorado Boulevard ~
~ r
110,11,011,10,11115 ladau Court
the Owner, Contractor and City, in consideration of their mutual
III promises and covenants contained herein, agree as follows:
j €
1. Covenants of Contractor. Contractor agrees as follows: j
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(a) Specifications. To construct and install the Improve-
ments in accordance with the procedures, specifications and
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standard contained in Division II and III of the City's Standard _
Specificatiors 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
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
j 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
questions which arise as to the quality and acceptability of
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materials furnished, work performed, and the interpretation of
' F.
specifications. , i
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining f
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work dune or materials
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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,
f 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
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f 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
i for in Item 1.26 of Division I of the Standard Specifications for
Y' Public Works Construction, North Central Texas, as amended, the
provisions of which are expressly incorporated herein by
reference; provided, however, for
purpose of this provision only,
E "Owner," as used therein, shall clean the City of Denton.
(d) deans 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
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for which the means or method of construction does not, in the f
Judgment of the City Engineer, assure that the Improvements were
constructed in accordance with City specifications. j
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y 2. Mutual Covenants of Owner and Contractor. Owner and
` Contractor mutually agree as follows:
(a) Performance Bond; Escrow Agreement. That if building
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permits are to be issued for the development prior to completion
PAGE 4
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and acceptance of all Improvements that are to be dedicated to the
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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
surety company authorized to do business in the
i State of Texas; or
f` (ii) if the cost of completing the Improvements, at the
1 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
j to complete the Improvements, as determined by the
City Engineer, 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
be used.
(b) Payment bond; Assurance of Payment. That prior to
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acceptance of the Improvements: j
(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 f
Improvements guaranteeing the full and proper
protection of all claimants supplying labor and
material for the construction of the Improvements,
f shall be, in favor of the City, and shall be
executed by an approved surety company authorized
E to do business in the State of Texas; or
(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 !
E having furnished labor, material or both in the
construction of the Improvements shall be fully
paid and satisfied before acceptance of the
PAGE 5
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Improvements by the City and that, prior to acceptance
' of the Improvements, the Owner and Contractor shall
furnish a written affadavit, in a form provided by the
City Engineer, stating that all bias, charges, accounts
or claims for labor performed and material furnished in
connection with the construction of the Improvements
nave been paid in full and that there are no unreleasea
recorded liens filed against the Improvements, or land
to which they are affixed, that are to be dedicated to
the public.
That, upon the request of the City Engineer, owner or
Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
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.
(c) Retainagej Final Payments. (This provision (c) applies
only where the Uwner and Contractor are not the same party.) That
as security for the faithful completion of the Improvements,
Contractor and owner agree that the owner shall retain ten percent j
of the total dollar amount of the contract price until after final
approval or acceptance of the t:n-.rovements by the City. The owner ;
shall thereafter pay the Contractor the retainage; only after
Contractor has furnished to the owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due ti
for labor, materials, apparatus, fixtures or machinery furni:ihed !
for and used in the performance of the work have been paid or
otherwise satisfied. F
(d) Encumbrances. That upon completion and approval or
I acceptance of the Improvements of the City, the Improvements shall !
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I become the-property of the City free and clear of all liens,
lIII claims, charges or encumbrances of any kind. It, after acceptance
! of the Improvements, any claim, lien, charge or encumbrance is
III
made, or found to exist, against the Improvements, or land
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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,
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
j of the Improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
percent (10%) of the contract amount of the improvements, insuring
the repair and replacement of all detects due to faulty material
and workmanship that appear within 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
in the State of Texas. i
(f) Indemnification. To indemnify, defend and save f
i harmless the City, its officers, agents and employees from all }
suits, actions or claims of any character, name and description
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brought for or on account of any in)uries or damages received as
sustained by any person, persons or property on account of the f.
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operations of the Contractor, his agents, employees 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 obtainea against the City growing out of such injury or
damage,
{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 co
of the Improvements. nstruction
occupancy. y, Owner further agrees that owner will not allow !
any purchasers, lessee or other person to occupy any building f
within the development until all
improvements are completed and
accepted by the City, and that upon violation thereof will
pay the
City $3,000.00 as liquidated damages, but such payment shall not
oe deemed approval of such occupancy and the City may y take what-
ever action necessary to restrain such occupancy.
4. Covenants of City. That
r upon proper completion of the
Improvements in accordance with this agreement, the City agrees to
accept the Improvements.
E 5. Venue and Governing Law. The
parties herein agree that
t this contract shall be enforceaole in Denton County, Texas, and if
legal action is necessary in connection therewith, exclusive venue
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shall lie in Denton County, Texas, The terms and provisions of
this contact shall be construed in accordance with the lass and
court decisions of the State of Texas.
b. Successor and Assigns. This contract shall be binding upon
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and inure to the oenefit of the parties hereto, their respective
successors and assigns.
Executed in triplicate this, day of A0 1 , 19.
E
OWNER CONTRACTOR
BY
.
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CITY OF DENTON, TEXAS f
E
Y: Ivwdll
f
C MANA R j
ATTEST:
GWQrQ=y j
` , CI SECRETARY
CI OF DE ON, TEXAS
11
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY.
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O! . ISSUE DATE i►MAIDWM .MrW 3/31/88
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE C0N04TIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER COMPANY BINDER FFO.
MAXSON a MAHONEY a TJRNER National Sue PO 1
Ga d lawnue AEe+p DATE TIME DATE "'I" TAM
WIG KIND OEORCS DR., DAUAS rLXAS Tana!•$MM 2:01 X AM Receipt of ,SDI"
3/30/88 F_ I PM Policy NOON
DUFF HALE M MT Tr,s e,NDEA IS ISSUED TO EXTEND COAMOE 14 TTME Aeon! NAMED
511CL !Wa OOM►ANY PER EX►JUND POLICY NO:
CODE SUBLoDE DEICMTION OF OPEANTKX4NEHQA& ROPEATY INCIUD 4a LOC.ATK"
INSURED Contractor Office
American Service Centers, Inc. 5215 N. O'Connor, Suite 570
Denton Automall Joint Venture Irving, Dallas Co., Texas 75039
Lew C. Anderton, Individual
5215 N. O'Connor, Suite 570
Irving, Texas 75039
j rM OF POURIWCa CCVlJIAaIe+PORtl1 /n1RRTrl! CONSWARCE
1 "WfRTY CAUSES OF LOSS Office Contents $101000 $50, 80%
~ a ~ a Extra Expense Form 75 - 40/20/100 $10,000 N/A -
Fire, EC, OCSF
OENEAAL lutRaTY KNE A Aayllwn S 1,000
X OOALrIEALYAt GENERAL UAt4m MM :Tlallas howe"Ti 1 1.000
oenrae G=UMM FESXX6VKRISEIERAW t 1 000
IMI CONTRACT IIAOI DOOAEM 1 000
PAE %A.W PNI ON ARE) 1 50
AETRO DATE FOR CLAWS MADE: we" EooE;t MY ow 14"M !
AUToMOMIE X ALL Vpws SXWA MECLES M / 1 ODO
X UQOLM SAMAODD ! '
X NX%MED ro t
HIED 1e MY
fiIJLIOE
W !
AUTO lNYSICAI OAMAOE ALL YDERES SpifOl m YDIQfS ACY
COLL M DM rew A+1o MT !
OTKA
plat! LUJRJT'f M .rcE A00MOA~ Iirr44Lrro,"wi i
UMtAEUA FORM
I
OTHEA NM UMtAELLA FORM AETRO DATE FOR CWMS MADE
VATITTORY i
WORxER'S CCMAENSATxFI Bound 3-30-88 to 4-8-88 ! 1 0 + + r
AND ! 500 taEASE-acY to"
EMPLOYEAS' UA61l1TY
! 100 lostASE~AO uaorLU
SPECIAL CIOYERAMS
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MORTOAOE/ ADOITTONAL IISLIIED
LOSS PAYEE
LOANS
AUTHOFMD REPAES'ENTATTVE HAXSON-MAHONEY-TURNER, INC.
BY: L
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` PROJECT NO.
CONTRACT NO.
I t THE STATE OF TEXAS §
ESCROW AGREEMENT IN LIEU
COUNTY OF DENTON 4 OF PERFORMANCE BOND
(Development Contract-Improvements
of $50,000 or Less)
WHEREAS, Denton Mall Joint venture , hereafter
referred to as "Owner", has undertaken to develop property
within the City of Denton, Texas, or its extraterritorial
jurisdiction; and
WHEREAS, Owner has, pursuant to the ordinances of the City
of Denton, Texas, hereafter referred to as "City", executed a
development contract to insure that any and all streets, water
and sewer lines, drainage facilities or other improvements which
are to be dedicated to the public, hereafter referred to as
"Improvements", are constructed and completed in accordance with
the specifications, standards and ordinances of the City; and
WHEREAS, Owner wishes to receive building permits for said ~ Jf
property prior to the completion and approval or acceptance of
the Improvements by the City; and
WHEREAS, in order to receive such building permits Owner
may, where the cost to complete the Improvements is $50,000 or }
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less, in lieu of posting a performance bond, escrow cash money t
f with a bank as escrow agent in an amount not less than the
amount necessary to insure completion of said Improvements;
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NOW2 THEREFORE, OWNER, City and First State Bank, Denton, Texas
hereafter called "Escrow Agent",
agree as follows:
I. Amount. Owner, as a condition to receiving building per-
mits for property located at Loop 288 and Colorado Boulevard
2100/2104/2105/2115 Sadau Court shall deposit the
sum of Seven Thousand Five Hundred and no/100 dollars
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{s 7,500.00 in cash money, with Escrow Agent, said sum being
in an amount, as determined by the City, necessary to insure
completion of all improvements which are to be dedicated to the
public; said improvements being more particularly described in
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that certain development contract dated the day of
3
Ape I , 1940 , between the City, Owner and Owner's
1 ~
Contractor, to which reference is made herein.
2. Notice of Deposit. No building permits shall be issued
by City for the property herein described until Escrow Agent
E
notifies City, in writing, that cash money, in the amount
specified herein, has been deposited in an escrow account with
Escrow Agent.
3. Release of Funds. Escrow Agent shall not release any or
all of the escrowed funds until the City Engineer authorizes the
Escrow Agent, in writing, to release such funds as provided for
herein as follows:
(a) the City Engineer shall authorize the release
all the escrowed funds when all Improvements are
PAGE 2
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completed and approved in accordance with _
provisions of the development contract; the
determination of which shall be made by the City
Engineer whose judgment shall be binding on all
parties hereto.
(b) The City Engineer, may, but is not required to,
authorize, periodically, the release of
specified sums of the escrowed funds to the
Owner if, and as, the Improvements are completed
and approved or accepted by the City in stages,
so long as the remaining funds not released are
sufficient to complete the construction of the
remaining Improvements which have not been, but,
are required, to be completed and accepted or
approved by the City.
3. Notices. Any notice to be sent, or required to be sent
or given under this agreement shall be sent to the address of
j the parties hereto, as follows:
CITY: City Engineer
215 East McKinney
Denton, Texas 76201
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OWNER: Denton Hall Joint Venture f
5215 N. O'Connor #570, Irving, TX 75039
ESCROW AGENT: First State Bank
101_S. Locust, Denton, TX 76201
4. Fees. Owner agrees to pay any and all fees or costs
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charged by the Escrow Agent in connection with this Agreement.
5. Nonliability of Escrow Agent. The Escrow Agent shall
have no responsibility except for the safekeeping and delivery f`f
3
of the amounts deposited in the Escrow Account in accordance j
with this agreement. The Escrow Agent shall not be liable for
any act done or omitted co be done under this agreement or in
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connection 'with the amounts deposited in the Escrow Account
except as a result of the Escrow Agent's gross negligence or
willful misconduct. If any question, dispute or disagreement
` arises among any one or more of the parties hereto and/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 act
and shall not be held liable for refusal to act until the
question or dispute is settled, and the Escrow Agent has the
absolute right at its discretion to do either or both of the
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following:
3
(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 Agent and
executed and binding upon all interested parties
hereto (who may include the subscribers), that the i
question, dispute, or disagreement has been I
resolved; or 1
(b) file a suit in interpleader and obtain by final
judgment rendered by a court of competent Juris-
diction, an order binding all parties interested in
the matter.
b. Successors and Assigns. This agreement shall be binding
; i
upon the successors and assigns of the parties hereto.
7. 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.
PAGE 4
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IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent
have signed this instrument this 15 day of April
19
CITY OF DENTON OWNER
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BY. BY:
ESCROW AGENT
First State Bank of Denton
BY:,
W. C. Orr, Jr.
Chairman of the Board
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N0.
AN ORDINANCE AMENDING ARTICLE J.071A) OF CHAPTER I OF ARTICLE III
OTEFXASAPPERNDIELAXTIANGOFIOTHEkECODI
LlERfOFMENTSORDINATONCES OF THE CITY OF DENTON,
U
BE MET BEFORE 8EGINNING
CUNSTRUCTION IN SEW DEVELOPMENTS; PROVIDING FOR A PENALTY Iv T}E
MAXIMUM AMOUNT OF $200,00 FOR VIOLATIONS THEREOF; AND PgUVI~ING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF ThE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That Article 3 .07(A) of Chapter l of Article III of Appendix A
OL ti.! Code of Ordinances is amended to read as follows:
(A) negulreo:ents to 0e Met Before Construction
development, construction, Lnprovetaenta d! Ina. or No
buildings or land to which this Code a moditicattons of
plies hal bei until and*
unless the requirements of this articl
ordinances are met,
e and a nylothernapplicable
(1) Filin of an a roved lot of record,
0 record must r t a n actor ancappwithd the
provisions of this Code.
' (2) ProconstructiOn Confarenea.
con arenc• Datwaln the Owner, A Preconacructloa
tit!!! city engineer, of his designee, isirequired to orsviev
the proposed in rovegents to be
requirements of this Coca. Lade arid the
(J) Dnvy~ocmestreets,screinayecfacllities,lwater vulrpslerer
liras, or other improvements art to be constructed and
dedicate
required to insure proper cco structionmand
completion of trio improvements and payment is ms
therefor. Three executed copies Of tna develop: -
contract, along with any required
e9teeventa or ponds, esct other documents, shall be submitted to
the City Engineer on forma approved by or proviaed b
the City, by
Contents of Devalo merit Contract. Ina development Jf`
contract she be in a to n an
deemed nacaasary by the City Enyint@r,Th do e,islons
the City Attorney, to insur4pt~ved by
conp2ation of the imptovementsper construction and
therefore, and compliance with the payment !s gads
Code. The contract shall contain, butVnotd be limited
to, the following provisional E
(a) Description and Coat. A aeacription of the
imPruvamen U , eneic location, and the contract
price thereof, or It mere la no contract amount
Yet determined, the estimated cost tneroof
certified by a registered engineer.
(0) lcifications, That the isprovements will 0e
co.iaerueC~ jn accordance with the provisions of
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this Code and the standards and specifications
applicable to the City's public works orolects.
(c) Inspection and Orders. That the contractor ano
subcontractors mil cooperate with and amide by
the orders of the City Engineer and City's
inspectors in constructing the improvement.
(d) Insurance. That the owner or contractor 4111
comply with the insurance requirement apylicadle
to the city's public works pro)ects.
(e) Performance dondar Escrow Agreement. That if
building permits are to be issued for the
development prior to completion and acceptance of
all improvements that are to be dedicated to the
public:
(I) a performance bond will be subuittec in an
amount, as determined by the City Engineer,
to insure completion of all improvements
thereini or
(ill it the cost of completing the improvements at
the time the building permits are requested
is $50,000 or loss, as determined by the City
' Engineer, cash money In the amount of the
EE cost of completing the improvements, as
determined by the City Engineer, may be
aepositeo with a bank as escrow agent
pu i~.Lnt to an escrow agreement, the form ano
provisions thereof to be approved by the City
Engineer and City Attorney, to insure
completion of the improvement.
(f) Maintenance Bona. That prior to acceptance by the
city o any improvements, a maintenance bond will
be furnished in an amount of ten percent (101) of
the contract amount of all Lmprovements, insuring
the repair and replacement of all defects due to
faulty materiels and workmanship that appear
within a period Of one ;ear 9rom the date of
acceptance of the Lmproveaenca by the City.
(9) Payment bona AlaurahC• o! ?a went. That prior to f
acceptance my th• Clty o any improvements:
1
(I) a payment bond will be furnished in an aroint j
of not less than one hundred percent (1001)
Of the approximate total cost of the conttact
guaranteeing the full and proper protection
of all claimants supplying labor and material
for the construction of the improvesents, or
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r (li) if the total contract amount of all improve-
ments is fifty Thousand Dollars ($50,000) or
less, as determined by the City Engineer, the
owner and Contractor may, in ILeu of furnish-
Ing a payment bond, agree to pay and satisfy
all claims, liens, charges and encumbfances
arising from construction Of the improvements
and furnish a written affidavit, In a for.
provided by the City Engineer, stating tie:
all bids, charges, accounts and claima for
labor performed and material furnished in
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Connection with the Improvements have peen paid in
toil and that there are no unreleased recorded
liens filea against the improvements, or land to
dhich they are affixed, that are to to dedicated
to the public. The City Engineer may require the
owner or contractor to furnish a list of all
! subcontractors who performed labor on, or persons
j supplying materlal for, the improvements and
I require a writte,. release from any such person
prior to acceptance of the improvements.
(n) OCCUpsncY, That the Owner shall not allow any
purchases, lessee or other person to occupy aay
' building within the development until all
{j improvements are accepted by the City, that upon
violation of suca restriction the Owner will pay
i Three Thousand Dollars 07,000.001 to the City as
IS liquidated damages but such payment shall not be
deemed approval of such occupancy and the city aay
take whatever action is lawfully necessary to
restrain such occupancy.
SECTION It.
That any person violating any of the provisions of this
ordinance shall, uyon conviction, be fined a sum not exceeding T•:
Hundred Dollars (i100.00)1 and each day and every day that t,.
provisions of this ordinance are violated shall constitute a
separate and distinct offense. This penalty is in addition to and
cumulative of, any other remedies as may be available at law and
equity.
SECTION 111.
Tnat this ordinance shall become effective fourteen (14) days
from the date of its passagop directed to cause the caption of and
thise orCity dinance rtoarD published f
twice in the Denton Record-Chronicle, the official newspaper of
the city of Denton, Texas, within ten (10) jays of the date of its i
passage,
PASSED AND APPROVED this the day of 1985 i
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RICHAA11 0. STNART, MAYOR
CITY OF DENTUV, TEXAS
ATTEST:
I
CH ARLUITE ALLEN, CITY SECRETARY ~
CITY OF DENTON# TEXAS
,
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` AFF20VE0 AS TU LEGAL FORM:
I` DEBRA ADAM DRAYOVITCH, CITY ATTOANEY
CITY OF DENTON, TEXAS
BY:
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JLX- 13111 11 11
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PROJECT NO.
CONTRACT NO.~
THE STATE OF TEXAS
COUNTY OF DENTON DEVELOPMENT CONTRACT
4
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` Whereas, Keele-Alvarez, Inc. d/b/a Jane Marshall School & Evaluation Center
hereafter referred to as "Owner," whose business address s
P.O. Box 2861 Denton, TX 76202
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is the owner of real property located in the corporate limits s of
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the city of Denton, or its extraterritorial Jurisdiction; and
Whereas, Owner wishes to develop the property and such
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t development must be ~
performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as "City";
and
Whereas, as a condition to t,,,s beginning of construction of
said development, a development contract is requircl to insure
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that all streets, water and sewer lines, drainage facilities and
other improvements which are to be dedicated to the public, '
hereafter referred to as "Improvements," are constructed in i
accordance with the City's specifications
standards and
ordinances; and i
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[select applicable provision as follows]
t~ ] Whereas, the Owner elects to construct the Improvements
` I without contracting with another party as prime contractor, in
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which case the provisions of this contract which refer to "Owner"
or "Contractor" shall mean the Owner as named above; or
[ XXXXX ] whereas, the Owner Rlects to make such Improvements here-
after set forth by contracting with Lowell B. Allison Contractor, Inc.
} whose business address is
f 3775 Flory Street Fort Worth, TX 76150 , hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has an
j interest in insuring that the Improvements subject to phis
agreement, which will, upon completion and acceptance by the City,
become public property, are properly constructed in accordance
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with the City's specifications and that payment is rude therefor;
WLTNESSETH '
As to the Improvements to be dedicated to the public, as `
specified in Exhibit A, attached hereto and incorporated by
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reference, to be installed and constructed at the Jane Marshall School
Addition - Bonnie Brae Haterline
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the Owner, Contractor and City, in consideratiun of their mutual
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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
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standard contained in Division II and III of the City's Standard
Specifications for Public Works Construction North Central Texas,
as amended, and all addendums thereto, and all other regulations,
ordinances or specifications applicable to such Improvements, such
specifications, standards, regulations and ordinances being
expressly incorporated herein by reference and being made a part
of the agreement as though written herein.
(b) Authority of City Engineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
specifications.
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
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whether or not the work performed was in accordance with the a
specifications applicable thereto. Any work done or materials E
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,
I to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized or condemned work
3 or materials, or to follow any other request or order of the City
PACE 3
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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
f ~ for in Item 1.26 of Division I of the Standard 5peciEications',for
Public Wurks Construction North Central Texas, as amended, the
provisions of which are expressly incorporated herein by
1 reference• '
' ~ provides, however, for purpose of this provision only, 1
"Ocrner," as used therein, shall clean the City of Denton. j
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(d) Pleans andrlethods of Construction. That the mc,.ns and I
methods of construction shall be such as Contractor may choose; +
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subject, however, to the City's right to reject any lmprovements
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for which the means or method of construction does not, in the }
judgment of the City Engineer, assure that the Improveioents were }
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constructed in accordance with City specifications.
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2. Mutual Covenants of Owner and Contractor. Uwner and ~
Contractor mutually agree as follows:
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(a) Pe!-form` a;,ce Bond; Escrow Agreement. That iE building h
permits are to be issued for the develo meat
j p prior to completion
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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
surety company authorized to do business in the
State of Texas; or
f (ii) if the cost of completing the Improvements, at the
i time building permits are requested, is in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
insuring completion of the Improvements. Without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond; Assurance of Payment. That prior to
j ` acceptance of the Improvements:
(i) a payment bond will be furnished in an amount not
less than one hundred percent (100;) of the
approximate total cost of the contract cost of the
Improvements guaranteeing the full and proper
protection of all claimants supplying labor and
materiel for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized I~I
to do business in the State of Texas; or 1
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(ii) if the total contract amount of all Improvements r
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
e.
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Improvements by the City and that, prior to acceptance -
of the improvements, the owner and Contractor shall
furnish a written affadavit, in a form provided by the
City Engineer, stating that all bids, charges, accounts
or claims for labor performed and material furnished in
C connection with the construction of the Improvements
have been paid in full and that there are no unreleased
recorded liens filed against the Improvements, or land
to which they are affixed, that are to be dedicated to
the public.
That, upon the request of the City Engineer, owner or
Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
material for, the construction of the Improvements,
and, when requested, a written statement trom any or i
each of such subcontractors or suppliers that they pave F
been paid in full.
(c) Retainaye= Final Payments. (This provision (c) applies
only where the Uwner and Contractor are not the same party.) That
as security rot the faithful completion of the I4'jrovements,
Contractor and uwner ayree that the Owner shall retain ten percent ~I
of the total dollar amount of the contract Arica until after final i
approval or acceptance of the improvements by the City. The uwner S
shall thereafter pay the Contractor the retainaye, only after }
Contractor has furnished to the Owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures or machinery furnished ,
for and used in the performance of the work have been paid or I
E otherwise satisfied.
(d) Encumbrances, That upon completion and approval or
acceptance of the Improveirents of the City, the Improvements shall i°
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uecome the 'prouerty of the City free and clear of all liens,
claims, charges or encumbrances of any kind. If, after acceptance
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of the Improvements, any claim, lien, charge or encumbrance is
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made, or found to exist, against the Improvements, or land
dedicated to the City, to which they are affixed, the Owner and
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Contractor shall upon notice by the City promptly cause such
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claim, lien, charge or encumbrance to be satisfied and released or ~
promptly post a bond with the City in the amount of such claim, E
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lien, charye 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 city, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
percent (IU%) of the contract amount of the improvements, insuring E
the repair and replacement of all detects due to faulty material I
and workmanship that appear within one year from the date of
acceptance. The bond shall be in favor of the City and shall be
executed by an approved surety company authorized to do business
in the state of Texas. i
{ (f) Indemnification. To indemnify, defend and save
hariuless the City, its officers, ayents and employees from all
{
suits, actions or claims of any character, name and description
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brought for or on account of any injuries or aamayes received as !
sustained by any person, persons or
property on account of the i
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operations of the Contractor, his agents, employees 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 such injury or
f
damage.
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(9) agreement Controlling, That the provisions of this
agreement shall control over any conflicting provisions of any
contract between th•e Owner and Contractor as to the construction '
of the Improvements.
I 3. Uccup` ancy, owner further agrees that Owner will not allow
any purchasers, lessee or other person to occupy any building
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within the development until all Improvements are completed and
accepted by the City, and that upon violation thereof will pay the
I City $3,UOU,UU as liquidated damages, but such payment shall not
ue deemed approval of such occupancy and the city may take what-
ever action necessary to restrain such occupancy,
4 4, Covenants of
CttX. That, upon proper completion of the !
Improvements in accordance with this agreement, the city agrees to !
accept the Improvements.
I S. Venue and Governln
111 Lax, The parties herein agree that ~
this contract shall be entorceaole in Denton County, Texas, and if
legal action is necessary in connection therewith, exclusive venue
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shall lie 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.
6. Successor and Assi ns, This contract shall be binding upon
and inure to the benefit of the parties hereto, their respective
t successors and assigns.
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Executer in triplicate this, 20th day of July 8
19 .
I 114d-
OWNER KEELS-ALVAF*-Z, CONTRACTOR
~ l.pWect, a Aw-sdN Co►trwteTOv rNe,
BY: BY y~
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PITY OF ULUTON, TEXAS I~
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BY.
CITY ANAGER
ATTEST: j
PWM" CITY
C OF ENTON,oTEXAS SECRETARY i
APPROVED AS TO LEGAL FORH:
DEBRA ADANI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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