HomeMy WebLinkAbout1989 DEVELOPMENT CONTRACTS
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V.S
'31931
PROJECT NO. rl-0~
CONTRACT NO. L<
THE STATE OF TEXAS 6
DEVELOPMENT CONTRACT
{ COUNTY OF DENTON S
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I Whereas, CENTEX REAL SSTATE CORPORATION
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hereafter referred to as "Owner," whose business address is
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1660 S STEMMONS, SVZTE 150, L£WISVILL£, "itXAS 75)67
` is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas' Owner wishes to develop the property and such 1
development must be performed in accordance with the applicabhe
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ordinances of the City of Denton, hereafter referred to as
"City-It, and
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4 Whereas, as a condition to the beginning of construction of
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
accordance with the City's specifications, standards and
ordinances; and
t [select applicable provision as follows)
Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
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f I Whereas, the Owner elects to make such Improvements
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! hereafter set forth by contracting with Jagoe-Public Company
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whose business address is
Box 250 Denton, TX 76201 , 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
agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in j
accordance with the City's specifications and that payment is
made therefor;
f~ 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 westgate Heights
Phase IV
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
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Improvements in accordance with the procedures, specifications '
I' and standard contained in Division II and III of the City's
f Standard Specifications for Public Works Construr.tion North
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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 shall be performed
in a good and workmanlike manner and to the satisfaction of the
( ) City Engineer of his representative. The City Engineer shall
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decide all questions which arise as to the quality and
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acceptability of materials furnished, work performed, and the 1
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~ interpretation of specifications.
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The Contractor shall furnish the City Engineer op
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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. i
Upon failure of r..ha 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
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
J ! purpose of this provision only, "Owner," as used therein, shall
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mean the City of Denton.
4 (d) Means and Methods of Construction. That the deans ~
f 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 judgeent of the City Engineer, assure that the
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Improvements were constructed in accordance with City
a 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:
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f (i) a performance bond in an amount not less
than the amount necessary to complete the
Improvements, as determined by the City
f Engineer, shall be submitted guaranteeing
ii 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
ed to do business in the State of
Texas;iz
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, may be deposited with a bank as
escrow agent, pursuant to a
agreement insurin an escrow
Improvements. Without exception,l thefCitythe
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escrow agreement form shall be used.
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(b) Fa meet Bond• Assurance of Pa went. That prior to
acceptance of the Improvement3;
(1) a payment bond will be furnished in an
j 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 '
{ executed by an approved surety company
G authorized to do business in the State of '
Texas; or,
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(11) 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
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defined by mount, are for a "one lot development," as
payment bond has notel been t suCode, bmitted and
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
or both in the construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
!I Improvements by the City and that prior to
aacndceptance of
Contractor shall re furnish a the 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
t 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
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each of such subcontractors or suppliers
that they have been paid in full. 's
(c) Retainage; Final Payments. (This provision (c)
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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
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to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
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satisfied.
fl (d) Encumbrances. That upon completion and approval
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or acceptance of the Improvements of the City, the Improvements
G 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
i the amount of such claim, lien, charge or encumbrance, in favor
of the City, to insure payment of such claim, lien, charge or
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encumbrance. +
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I (e) Maintenance Bond. That prior to approval qr t
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j 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
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within one year from the date of acceptance. The bond shall be
in favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas.
' (f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
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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the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
with costs. which may be obtained against the City growing out
of such injury or damage.
(g) Agreement ControllThat the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
1 construction of the Improvetents.
F 3. Occu anc One Lot Developments. Owner further agrees
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as follows:
(a) That Owner will not allow any purchasers, lesseq,
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 ■ay take whatever '
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action necessary to restrain such occupancy.
i~ (b) That if this contract applies to a "one lot {
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development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the i
improvements that are to be dedicated to the public, the Owner
shall not b- issued a Certificate of Occupancy for any building
constructed or located therein until all required public
fI improvements have been completed and accepted in accordance
with this contract.
i 4. Covenants of City. That, upon proper completion of the
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Improvements in accordance with this agreement, the City agree
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to accept the Improvements.
5. Venue and Governin Law. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
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connection therewith, exclusive
if legal action is necessary In
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. i
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i ~ Executed in triplicate this, 2 ~ day of
JAGOE-PU~LIC CO11PANY
O11NER'CEL'iEX REAL ESTATE CORP CONTRACTOR
BY~L> Jl~ BY:
Bill Allen
North Dallas Division CITY OF D£NTON, TEXAS
I President
1 By 440.~Me-4
AT EST:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i
j BY:
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CF LEX MAI E5PATE CORPORATION
^j CONSTRUCTION AGREEMENT
Ti. A3rrrm<nlvma:erti+~_(~___d[/a:~~J'jL-r .i/LZ~.:r tnJ :.n .na
Jagoe-Public Company
PO Box 25O_ DAntni-I., TX 76201
and CEN DC REAL ESTATE CORPORATICN, a Nevada corporation ("Builder"1 hose
address is 1660 S. Stemmons, Suite 150 Lewisville, T& 75067
'.'rh IEAfA>. Conn ratwr ✓uhnw lrrfcrtn r oil j,-V/ fun4;h ri,m,i,U in 14 cmul Nrdon V ~We~egate Hei8h t5',/ Pha-,p TV
itN'I,oject')*I the ran a.inj "al Proptrtf: Wes tgate Heights, PhaS(% Ty4, nf+_nrnnr TeXAS
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\01V, 111EA DOFF, In rig, uldrn rmn ul red rtw,ial pw,ao« has tit tanm Aed, du panin 3r,c u NO-
I. WOAX. In al(erd ante ritS all of 1E1 :111 Ind cu uJitio,i wf JIU Armccmcm. Can afar Nha11 Parfana and Ln4h in a lead and rwL++sNikc go x r, and
ah,d fumlh all m atrial, is Ear, fquipmt n L,+ipp!In end r.,,41or, the fuRJ.m3 da.;rrlaed awl (dncriEc Cantncoac•>'rorY}.
STREET IMPROVEMENTS - STREETS _
Utility Improvement-sanitary-'sewere watPrp Sforme Selfex~ randnits
(tKs'Wwk'L The We;k ai,%n ft parfarrncd 'w accordance :eh pia N, Ixai7ettiow. do imp and xJlcduka for the Wark. Lnd my Luppi` aMILI urma and
mAN144ru w Ih4 .tpnrnrm, all d.Nch art on Of it the effct of lwik rr (to7ltni. dy called ow'Conann DetewrNau•) and intarpaneed fn tl thtApttmem lq
'has Wvtnre u if For xt forth, The rantran price K. F«n dnerminrd apart the twig a1 cz,LMA'a Itirna~hepJ N Lu1da by Cewanar, Which otimato are In-
ewparatcdlfrernenea ins th'u Ajrnnltn: and made a pan .hc:tot, S Er 1 A14,AWtl'1J 11ID1y1
2. MCI, BuJdcrahA pay aContnctar far Je e(oek:he ".met S
(the 'Convaa pntt'L uPon the eenditiaru conltined hnri,t.
3. YAY)IE*IT SCHEDVLI. Par.na nLIA1l be nude as KI tar,h ''.i lh.t Airier au.ehed herno andrnadet pLnaf LK4 Arretmeru.
r.nar pryrn'm N Can,nnar had tNmadc faile.inl ceTp4tien al Jt Work IuI net berore aN tIj(rulon dJig period ano.ed bylaw!" the AI(nr al meeKsrdn
keen claim .ith rnprn Ia dN Work. The maL:nl a! final pirrnrN Ia Centnnw 1haR AN 4 aautrued u anrpeanet ertk[ Work or waiver a any f(&j of livUer
~ una,r thi Alrrtmcn, ant ah,all iaa rrrn<Centnnal of snf of'm oEIlla LoN hcncnd lr,
,Nov-4ha9.Jinj any when pro A.iaN of Lhi, Ajr,rmeiw. !udder shall not k eoLjared snake any parmccrrl N CCAKaaw Iliad talwl u any one or ~a a Lhe
~ i fMO.inj Band%tiaN to lt'.
(1)CantlNtlw has failed la purism any aria cbha 6,,N.r.nJer wwhenist 4 is d-fanlt under this Ajrecrttcnt,
(E) CAuractor Kai filed to fwmuh le Builder in.oica and +irred rtaclFu and Nwchen and Ike rc4axn W wiRn it. Cu: farm end 1"aAner utwGnoq U
/wWn.
t (e) Anr pan d a parmtrrl nquond L tnnbvubLe w reel -Nkn u Jc!mi.. er na peejormrd in accorduKC rwh dig Alrtvnerw aid"Cennat Dwyerat a!
Pflo"ecd, Korever, if Name nt ir- Farm l n:ahall INC made u to 1Kr pan Gate roof a(rh;0i appcan mbe properly pnfoenud afurdue L1IoraMe rw 44 eat or
confining the dlrKtime pan ar the art u odmutd by Builder.
~i (d) CanLnCw hw ra lN w mabe parmem promptly a any Ilea dalmvw, '
C.) If Biker, L, it, fwd fa,lh j ,!C' ntma, dctc mdna Sul tN person d the Caruraca Price 6tn (rer,4AN"r wnpald ri)1 Apt be aaRcw ma N tarsplod the Week
' and ten"I d<fr<+en Cia Nil IN Work, kl 111th tax is ad.L'tianal parmrnu rr]I INC due Ca Nriciac kertwndcr vIcs, and w &A Cowman. it it, role eat.
f " perform, a La ieN pcnioa of Jte %York f0 that such portion or 0, caftu al hot: than Ma hurl unpaid 4 ifewitalitNd Dy Inaucr N le rary'dfN wo b
[anplnr and 19""1 ,he Work.
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IL. PAY)LENTS BY COPMLACrOR. Canvaelw (hall pranptly Pty le cash OR tow of labor empl" red Initic" and link- RartaiArd and bad in the
'i perfonnanee erthe Wwk. lalderaNA Sums LN nrhl, nc~nrrv it aha11 deem suck prWadv re adriaalk, N male paysrw dui is GNnew d4egdy N LAY 1111-
tonLeanw, miterW ar eq.ip.ntN evpplu, ul,141 of ,tlNponatWn (Ortpan), iM,rantt company, jFtmneMal artn(Y, of 116(aft Ina, fund fw Ley ratk, ILIW,
mattritL, equipment, wtUci. tnrupona,ion. Lvunnec prtmiuma, tact w the life, pcrroruncit fwrri4htd. nndtrcd of payable In eoeiurcl; d wfJ LheperfofmaMt
ar the Work. uala ,Cenv[nar has ant telimcrN rritl'n notice to Balder of Ld'upwt with my MIN period end hu (wrnuhcd aeswri4ytt4rinory N Bwilder Wwt(AS
ara(N, claims Iherrfrem. Any payment a0 made ahall k vcdiud ajairkt a,seala due Canvatcof in LKc tame soaenec u I( rut)t sermons lead Batt made Archly ■
Con era nw. The p rN;A,4 N er thu pang, tph 4 err row nded ade!y rag the bt tat r t of B ul d rr and ay49 taw i ewrc in the Dc naflu er sty third peraoN, w Wprs Budd,
ar it, awrrdn in 36f -11 w Lnr aped Pam.
. 1. pAOSECuTIOhI or WOAX. Con,racwr ahal [a n.nrntr vie reek immediaee!y upon nit l: rt trim w era r (I" &suir and ahafl protead aide she Welk
W ,in pan .lu real. mJ aMnplniem in t p,a,nye, dJij"tar 1A4 .'A,V,ba"A Kenft,. L. strict aetardanla Mlle Dwitdcr`s tlAa+arledale and is laKh Ilse AN Y na, to
deli r Jig "r India. 3no,1d any persons W rfwming the W'wk cnjajc in a stn's, at whir -ark Moppaft, w e<aae we work due N piektain j or a Bale, "JowN army
kind, Baild,r may, at iu -pion and riJ,ow, pre)iXt, to any a,htf nm[d.a it may hart. artef hNny-riSht (U) Mtn rrfacrc sa its w Cenrulor, provide my PAN
reek and CNwn Ihr cow LNrcer (tern way mania thrndutor,henafur w Ecro rte due Corwaner. 1%rc)ur, Bulalcr may at lu opr(oa. Neyhwl pfcjr16ice to one Otert
I ri mcCes w may Karr, umtimte iw relatiarahip -irk Ci nerattor fair the Work wad abort ka.c the nlht w cm," wpm LKe Site and i4it pagtWok forlk purpose or
4 , runplerinl Owe Wwk. or ad Carvn"i material. woo W "INmcrtt Lhcrl sm awed to lvLihh the Work, outer wash iu son anpiolm w other tantrae•Ora. AM in at
dace urmuaaon w W rcla0e.04p by Budder. CoOVacu, snap na, he tvi l;d N rcct4.a any NrOyi, payment, ender the IparneN N "rurim but AA thew.
Lhelal remain table real in, damala thick Builder incurs. If the nprnsq ia,[uned by Balder in rwnptttinl LN Wet A411 acted the N 1a)ancr der Cw,
uae,or, Cap:rutor ahill sty INN, diff"tnce If Builder tarcLlrv .41 ant damlln Incurred by Iwldcr u Act fault of Canv ciao i dirosk. Bwr(drr AAA lame a
4n upon an maurda4, teal and appliances taken polanuen or, to secure wth ptrrntm.
►atld.t aka" ham Ora Sl%t II any torte to applcmtna thr p!&N and spccifNatio.u fear LN Walk riot ewuiat ft dnrinlt and aeheduln and wpaa As doing sack
dfa-inla ant acktdwlnahsll immediately beew+N pan er the C"ifact Dacumcnu, In the annt Lhat Canlraen it aha6 rwl No pro.(dr 1VRaeirm meh w'q,ripmeat fed '
JN Work and to lherely unable to meet the itquirtmrnu er awilder. Bwiker may obtain add'aisnal egvipm,m and pree3dead"icneonto to Law Cawnnw tnd to
tew,hneef, imaNCRg a reasonable (cc fat t,pen&v, at inutnlaA and Nuptrtvion, sKaA be paid by Canusnor, if Canvacwr delay! the prsjra @(A Fri~aM Is
1Aarl inQcrosury, dc1rM and I1ak B.Jdet ha'ttJo ham"ara✓ta all 6s, damap W cipcNt (wchsdw•j tlsarrNy fro end am tPU or dc(mae 4rnt•ttd by Bw7dtr in
dcferdinr ajsirat any rltinu ar in tnfarcinf thu ind,mn:q and dlfcnw obliji Lion,) ir'.'nj wt At wch delay. Any coming of Beildrr to the dtlty,d I'A"njar Lie
Work sham tax 1< co"N rd u a r a i.cr of thu so n QrnaL'n j,
d. ICAMILIAAM WrTH THX Srrl Contr.nor shall Ye toys n+i bit rw Irupsninj the Site, trading 171 d JN Cowan D~wxm,w and ca~p)srinj the Re
ri,h ens plans and iptcirauiaN. IL's wndfratoad by the shin that Cam rac.or u Itil o b4 a tnlwite tN sort er LM Work a rd that (n a Main j u the'Atracl price k
` has eaNd,rN and lawmtd the rlak'hit wnfornan conditions w rtnu may fe cn[eunoved causing addit;aAA ClUalty analexpense taw aµk' atad at the tun, of
f 1 nauiwn of thu Apeeme N. CeNnemr Nether r,pr,xna the, it u riglI (arniliar.uh Lhe requiremenu erectly 1"riurrrnut authority LmtnB )u adnga cnr tM
Week and (L prepared to amply rash amok rcqurr,mtnls -;shawl additional fwrals,Nnian. No cvi+natn of IN4 Or Cantracte prrred{BS this Agm Meant and As
•trbd 191ar'401 of cem"nItian -ilh any rcprncntti•c a' BwJdn, 6dur Errwc w stiff .tcw,kn of uhia ArettmtAL, shall ifftn or In diiy any er eke wnna or
ig-iu- temi:nedin Jail Agrnmtn, a the Contract Dec. maw.
y, PAOTICT!CN Of WOAX. Cumr,car atoll act a IN +md prul,cl IN Work agai" Iwo w damajo from any civae and be rapwMlle for all Para of the
Wwk, umpera~ w pennant-..", Lnsn<d w "Na, wnod Rnal completion. Cumuuar shall Nair rraaonak!t pecauvon and ma{atia ansemikk adejwaMa is praat t
aµiNa 40 a, Jarrujr a pawns ar prnprrq ..ins " coidewru and uta.nr M of is an i.i,io at or alanw, the Silt urClwdinj, vilhotl lirni,inj Nrfa, 1
bating and revJapnj -hen nanwq and p,u-Lnf rar rr.uru. Ucka, ra,an, I;". Nrrkadta. 4jh,a aM Nicl mho raminj aid wtunq de.!ta whet, tpproprlue.
1 CaMnelaf ,h•.pbest ted be 6a61c for and Bv.!dcr ahatl net Le rafxiN 1, ror ant kill of damtjc to JN Won and any wligriaf. [gwipmeN a soh f LAinl rmpia.e/
J1 the Wwk ar plaed it tN S'nt inalud:0l, lit nog limlud w lea of damage din 15 tw,, unpas w mondaYurrt paw to Ana) eoaplaion d aw Wwk,
S. INI VLk,YCL. Con,rstlcr sha,9 alaain, pay for aid Lrcp.n full font and often wnt4 Lnal templevon and atcrp,Lnet or the Wock. IN le14wLj (nsunnar is
sum1any ar tamPamen ud a
nary a Bilde •I
(a) WYr4n sn'1 Curprruarion In un uu u.rrinj s11 .v. L.rorn o..j,l,d In p•!erm anti tithe u'urk No amav nu nil Irv Lhan minimum cotsrale rtgw4fd by
IN.. inrlvdinj tAnp40,r,'111abd4f ao.vagr ar nu, kw .hie f ICJ, ON 00
Iba L4b'diq ,NV nnl r. ..rudn/, w,a mo4.lr La n~h~, +.d prq,anm JaT.j, ns.,itc, 11u•Afmf u•tale t kaa eq.i.alent to I aandlld bmptthaNnr
0"0"0 Lae.tq revs nor purity and md. t I IN., tai, 1, ,.u,J ra, .....'a, to, hanrJN 0f upv.,wN IirrtlaJinl ..PWion, uLlapae ar01 .n.:vrrarnro
1a."Ijt 1, doawn,.N,pnrvJ,m ttn."r,on ce nsured olvr n,onN, pe,.nnil injury I L,r and p,openr darrwle 4ibi4y. Inelwdind bras)fwren properly
damage w•wale. Su(A Fait. w yvlirka +h all be manu,nd in minimum oma,wa of taw 4t, 'Lai SSOJ.BCq,/0 fw injury Of dnLh a ant one Ntoo e.
{ 31.000. od400 ear Injury tar Jr.,h w mar, when o,a pert, in any one atc.rmfe or aetidew tic im.et o,c4 to, j cp.ny damge, at in lurh (IUIn
.movnu a+may Lt r;Ib~.4l. rrqurN h. tli14"
Any palkr dina.rande h<,m regwdN sh.il ,uno.n . ,m. n..ual IV. biliq enJOntnurx nrenry „apmni,r anJ JdeNc w4161216uN or Corwnntrr oat aw'k ether
(amnalt AN maf rusonak!y b" rtgwLlJ Lf 1ai'dte. Such p,/llcy w;6, imam o,her Nnla, aide apebrN referer'ee N Ake Ajratmm, Anf polity obstind by
CMlntrwf ,NW161 kfsimul tau br phrsiol demalr is am pun. vn arthr Work W AN matrlu4 it be iNvwaitj it, Ihr Wwk ortomerinl COMfans"s waa'u. WpptNs.
muhnury ON tgvlpmemahwean,alp as endo,mmn,p.o•ntin.;4..11igi".rer.al.ulu n3lu daLrnrallan spina J.,irler anJ any whir Airmail reJ. !twhiml
w'h4 plla Vae shall ji.f wr vca,, in an, rL;.J pan/ tn• Haim Ni, u=LI ahn'mu aluiNl Bv.Wtr t.teln the, rhkh n,ef,tire irrnptonc aNhtopanl+a ph.
4 YM iNinrNr nq.brJ huevnder mar Le eanuinN ,m one ar ,u, piik:n, prior if rommenermeni of am uNtr.eJOn. Convaaw Jul f.miah in Iw JJu
orufuun tar,erl" 40,1rln an..ml . ha, .id. 10u•,nuu nr[nranw,N.'14 premfrera 1,.I'h",vmj,, hotban PdJ aM t%., B.dd<. lane tAt..wr 04 Of
ni.rihubrr'14,0l.,Llrr 0111011w1111„11 4 C.aunn,r.nJvvhm4uycrhu.wDwid,,n,if.rnraue„umrlaauwrvJprroiwju.n11 .6h0.i6kr;^ emnen
or urbN S.rh pro Amnor p.lkitt ahau p1111J1 Iln„M hwwra„fl n,er nn in cam',rlv'J, Ir+w,innrd or ,W;AN howl firaew Jill dtyl ad. nxr.r+sen
"Mkt ,hc4.r t. Iv.Ld" Va puce that riva:u 1,.r Ir„•mu,a to ndv.lon frwm C kihq o n'fl.... pnntiam ref udwuan rarminN a pan er'N aomlr nl bans,
urvr CrjanJu,w,'.Ju•toJ form ape1,11i,.uf:rl:M.-,•.r,.,,.'I-un,hlIlaAI,Le(wn.unnlr:w.h mwrk,i rhhtry to.tnji freitired by" Agrmflrnl.
In tht <•cnI tram ladw,r ul Centrana, w rig rail!, Nud son",um rori ra r,!e required Nrcvndfr, 11ud11re n laoptiun and rilhwl tra(rinr IKf Jerauk of ceiritaller,
11,111 6a.e IN nylw IP uLain 6nh;N,Ra rtc nor, unI In dig tar. u' ul Cun,nnur, IN w,h r.cn, tj,nlruUw thud pal Iha roe J.rreurt fan Jwnal'J hmAI 0,11 (wrniih al
mrwm:dae 1, .:Ipl L. ,he 6. bnnar tar. r,
1. I,v DL11 r'17Y Cun, ncl or stall inJtmn:., Qri<~ J Ana her d P, m'v>. Ida aNJ Ine ever, rf I do.nu"Sam builder, !am I'd 181Iwt any end 211
tIllegal . Ion. 910i3 jr or erperty I4K!udind a„onwra Ire. a,J ,I,, o be L dde.rdint 1RAi,yt any daimA ar in cnfofein,r M4 ind,A ray
-a: , r.,u c o r t; Inaal rd baidu ar.,
2nd drfrnx a11Vgnnnl uwnj our der in Wont, Pion .,lh the yrr ynn1Ge of the Worl or ant penroa Jn.rof If he fads r[,o oby ear el gem ply .uR J,r pro.iiwv i
of this Agin man t or, h. Contract Documtnu by Cmlf.;+w w an. wL ,,o,c,w or 4ldcwlJtru wi raci a, hirtJ by Can faller or try arrant. or impotent star? loch r^!
carrictu and Caten""wr.u.n ag claim. 1ga.r r /a,k'u, rrol,nr u.r,, nlun. Sir, Je,Aee,Mn a.,w., tor,lamaj, o prone., AAd inj.r2'Oparl;Ital.about she #E
Site from IM [a rte 3r.nAS to a A I pmt. .,rpc tar.,rateul IRA. I,, Slyer A, jt.(trl d guilder.
16. CON PLI.%NCL 1VITSd LAWS, Canua.sor Jury <arr(.flt cmack tI, dr2.inr, parA and Ipr;fotia ru (of onfarmky With 0 bcaf, Alit and World ?4.n,
cold.. min) nil fqtl ltlio ,(h ertinafl: r eaflrui tit) Rod 'Li-') Weir rrrvnc ndr,L de Wage, Counnorch II Lin ag rodeo and rodtpay.lah all La. beamail on
the Nord inRlill be at at Cnlapen on are. not I'miaa lion, Will, led hea1,S rota and err taliora.;:blJhAd II o+ pwraaaru go the flab, Occupaliand Sal.y
Am) Iiralial Act of 1110 3x4 COauaver ae all imu th.l1 fam:,h Ia ior aSaiu u+d crnptaltn a cart place of m:plymcm. If Cocoon ebarn. only rfolatom or
L.. A iii .,.rHd,.«I, rrpArn +raa.l,Juia. a a.i14" ~u .mh'a..tm ,w bus na hip arJ uwrrial. ah.N t%,,rafn I. Law .NI, if tow C.nu.C,w perrarnw or
yrrn,uu IN4 y.If..marwe of any Para Pat is eompli2nee l,h La., A chaff in'. nvol,wry;toss r.,h all to be redenc, and shall bier all rwu in co"Itc,ioo them
.id, The Work, as pwlevi , that) inert rat the appeaval or, ,.a p,.., I inly,fliiin of. any SavuaTCnul aaithenq hsaing jurialiaian Jwrlaf. Villa Work it
bong rnwrutlAd undo lprcirwa4 ivna d the Tedrral Mo,ltu / AQmm4iraJoe, or thr V.erara Adm,In'dtra2ian. the Work than m.i the rtelu l menu of ahm
/a•e na14~N. IdU.'M. ,~AWaa.rtaRaln^'parm,^.^^ynww~-..rrr.p...rrym, t
9 6, or. K N All '11. keg ,m. it I
--pr'al'
!"e"', Nor sorb IhtR be
Grund ewnpl"t our final impenion u mad, and app,orl4 rarotal ran ever) Seveeanltmad tutRorirrrhax appears' u rquwrtd.
11, TLA.HINATION Of ACRLENLNT SY dUILDLA In Me urns that eanditierv trtix rR;C6 is Ake apitron of BvJda mlkt k irufAlabk tae CO«nnor
a rendnut thtWorl,g.Jder:wyaemtin.u rho Agtermem Yy Gruen( Sl Gap prior Wnuca AatieeuCemrsctor.
Upon ranpA d weh oeuet. yer.A dirtetad athcrrix, Com..or stag immtdituly d'xan'"t proactuti4m or the Work and the placing d ardent for mattd3L,
ealuipmeru, m+CAJwry and arpp@a A CoAneCaieo Ihtert.ith one chap, J t:q.nted, ,vale nary re a.ona l:r rlDn a prattle unetna JOa d aR eaieting )den W
trurtu upon trrma ui4F.mq a guilder. Thrrrrfur Contritiel than do mailaucb rock ar MAY it caewr) w prexrme and prmm fiat pert am of iM Wert
which bat Mn iltcorpoini Wit the projrn 14 at pram witi R&I and MlipH2r.l At W Abal Jte S:u r jr, WrImnt Jurcta. On fate dale M 1W kld%iN4ad
of s61ij 3liow of tae ?In;" u eroa:nut parionna Xr under thu Al+rcmena,ha (cax end Crantnctor 0.211 be endtkd a rcetiat: (i) eampanlatiod liar the parl;en of
Mt Work already preformed rwh -lot Contra" Peke WAS paaicd accordingly, (u) pargnthe for murhati for which it his made ford cwwaty, Fro-idrd Ott
muoil alt drGaticsl to gwldtr', and (w1 papnem for any wen bail 6Jt abag2aow aArnaed by Coruaaw prior as Weep, of awce of tcmin2uan .halo skjg3deru
neap with IM F.2ayMble co l be tlAetlkel, pre,lded any beMrna Iarruing from lyeh okLgatidrr tit uignrd u buile'r, patrol uCon -IRIor JtM lit made in
acarva tt .ink ricell3 hems?. With CAR: parmwrd bring made endy efile ArRwLCO4 at the porceW ana,«d ►l IoW for the A,'idgaf kill daimu it -darer moosara
bo% aria'.eg "I of iha Vol Nw riAhMa~ding ally rtbor jvooa pm to the conteary, islmina Jan of 0+u Arr.mtot Aili'ax p oijudice any Claim Of riagef party )ruing
prior to kriainllNan, W to" of reality (rata say r,Wity arising prier is lrfmun"ion not Mall it after, c,mA aartr i guaruutc d,he pani" d that Work prrforv 4
v Ietint Contra., eU w dwy w <e.aa any d col lark pefomld or w o4no ulY, dcknd amd held IkSkt haTriks in dyay "A rice regwrtd ly dye Akjlcsmml
12, ASSICNhrLNT. iVVO W;SN N of eLia Arcure4e, or t.nt portion ah rrnif of any Rea l ll w rh,'ch may lat"nar due hereunder than 1t Mende ri0wyt the
"r wriAwu ewtxnt d gulder. In addition is cav,:tulinga defa,lt un44r,ll:A Agrt:mene, any anti lTanrnt or attempted uatruirl Metric in violation Al Section
I; shag be au1 and ao7d Ahd the Laag;r l erall uqu4e na nook,, ,eu,rnutr. -
IS. DE/AULT. In aaldi,iaals At any II face iamd:al a.30a4le ...,at la .II) If Cerara"ar M36ld faJ or nlwe. dAC,pc in elan rktrs raknaina of aims Q pnrided,
0 happ'a In refit properly ,tined rarbmen of p,op.r m4teri,4 far Iola Vro+1, at (u) if CmuacrH Oa Jil Id w grol parental w a.kmnasctan or fat me,drial r labs,
or (,711?COruatar.hrewid fail to keep and to,hply -,In any dJere ,ulna lid pro,4wru of MU AdraemeM Or ilia Can,rAra Ooeu rtunu is bar Lope lead taespned viih by
^ C,2ntrwo K (r.r Ir Canuaewr Ah"lJ be tdj.dped a senarypl, 6:g or a.Irr, IN be r." a p.itwn roe Iclid r,du the g,nknptgf Act. or make a gtu,Ll >a+ignmen,
7 far he INI d rlcdlu. K I.) U a Ii rKo.Jd b.:ppahcrd on a«o.m of C.w.,tai. Lral..nq: ill m, in any loch cant. guitda may, ikaw prrj.dlce is
'my APNI ngM K rrnwalf IQ all., tri.j C.nuaC'. rj'v wicrl. I r sot. 1"'.(1) Jar, ,.mum roue,, wnniuate its aUl
noon a GMaCiW nd:r Jtia AgrumaM
tail talc pc aan.:on Al 74r and in ma,arlala. wi4 and ailli co +haler.) and eomplrir the Wort LI method gvilda may dam npCditN, In l.th lax
ComroctW hAn dK k emitkd as i,ed.C any further palmuu .n,Il Ill' Walk u C41RPIWJ, I( the unpliJ baling, or the amaadl Which would ke p+yabk upon 1
tsmpleiiao All ratified afar nprtur d ownpkLng dw Work nHlydin; c.m p;iuatfan for arth:wccwrzI m2ragceial and idminiAnu.r xr.ko and a etscnahk
aumrrt fee if legal earra l4 carplarrd. Canuaaw Mall be AwlLurHJ f:a+u inch Alm for any eaeu of oboe and miltneb IkrwfWC inta.rrcd and Contractor
MAIl not be uui:kd la ruti.e any either plln a ray ,anala l th 4 A je e c r.I c i 1. l t...ch eta-I.enic kJ a." Weh ua ,paid bil)au. Cdreruwar"pa y tk ddrrcnet ae l Zola,
E 4 14. CLGAN Up. Camlla[iW Msg at to time leop the silt roil ricm the 2cc.,-lu4lien of vaalt mawraL or Mull owed by it; oprariaru. Upon templet'
Jte Wank And each px2iaA tl,ticti Contractor than roTa.g aft nbbrhr and +am, prrdvrrd by iu apam;m hulund[r from the Silt u re6 at al dint well, ryuir
i none, rmultmory, and turpla, Matrials b knjAl needed and two the Work or Nth pr"On. in I'brtwm drip' W dgxi.aluk edr4LWA WIC) otlarlv(y lpeei4d, U
I Cawac,or f3i6 to clean up, gvldrrat, de as store rriuen noun Ia Crnlnnar 3rd illy Rat titan?Ahafl be charged to Canine,W.
II 11. CALL INAChi AISpONS1DILITY, In coAmn nigh the ye rforna.n:rehhe Week lit dw Cort rotor ahtaamc does here►lirroar tkaq
(a) It will ar(aAila roll FA;SN (/S) tour, from oral er yenta", Ponta 134wedayt and Sund ap gadydad) contact say and all defteiemela In the Wert:
(b) The dcumtinl,iod er At WAat Rar cieytn A deGtimcy, will ba ri,hin Ihr wk diner, Limn of the II.tlldcr, whkb fadgwc n<Asti lit retaada►ly a/rdxd,
W failure of she Consular a all dagtly perfermaner hrrurldrahal torutitvw wff6rnt owe for she guiidrl w roux the eerr[ctiae ofwtk ddademeta
U be pe Rerned by ahrn. further lk, Coil Orwell work ahaJl be eharprd le l}1 Cantne:or and tut Cat plw A tom equ11 a Gfinm Snell, (IS%)
Ilk rrof
(which addlional lam Al rapmocru in afbwWt 5'tuhC 3drrJr;unlion by UtC b.e]der dA..cA Wart) mull be Ill )guru IN atmvY d(that Conuanor, b
lbr.em font the emownlawimg the COnmctet under duo Arrenntm a,ht,nleauch.vrk u prrforli by all a Ina than the cum duLd 313)rw iu
ItcwlA tlW Contactor AIM rrnsiC IBC titfrrma to the Cu ildct wuhin rw, (S) d Ap (alk.ing frovtx ahercfor,
l 16. AUTNORILLD PEMNI. TMC PUA DENT, ANY VICE fAfb ICLNTS, DIVISION fAL9DENT A,NDANY DIVISION VICE FILSIDEl hall bar
Ne only penwu rich ewltxiry andee finis Arrrrment eal (i)..ec.lc cLanle rrJen: (A) 011, Cawrae,ae a4a;60na1 time for prAomanar of the Work: (i4j maA,ifl,
II "pi,k'otn' Or wrm,nay 04 AEntalaM ant tort Ja try ),her art moth Wert.. anf nghe K pn.ikgc of Crildrr under tti Arlemenl W the Comics Doctors, .
j Ma al ule krgo,ng eau raw properly aL,Mturd shill Ater be binl,ng upon H.Ilder.
17. E1,111M ACA11MUfT. Tlw ALrermru, aSrthar wish the Carton Daunatnu whkh art Intarpoatnd ham bit rdaaacc, tWWdonk ut+r edn ALreamaet i
toCwccn Jte pvoa. N'a.lter toot Aruemeeu NOW! JW C46MLM A CkWur,teru m:r or imrndel W w,pylunay nl Caerpa by wrillm "QWUN. all eWAA ty bah panic literary,
IS. SUCCESSORS AND A.U10,43, Subyr l is the pfo,44m of Section 11 rclaling it as,ig9menl, Jlla earr.,Mnt ahig lit blddlmj epee and Inure N the brnoGt '
dollar pantca and their trio. rcttuen and aaaijma, t
1 11. WAJYCA. W evicelW Nw taw. eapreaa ar irlipil" bl minr pAnr a ih4 Artcerl relating a any breach o, el stain, or low oahsl in the perf",ar orally
! obnptiOa huevnder All bt de[md It tanumed a S, I 'ii is or uA ,w or any oihu kreact ar Jefadt by auto p3ht, lea erd sea the pan of iacha pgnl to
i -aneralt of tan ate ?slag to a. or the other parr) or as J<,lut Ora ad'ar pang in Jrfaut ;rtnprc u.r or hel bnL )each failure rwuinuo a!,aA Poe earwkyu 0
I over at" rig I u ofl utb park?.
b, NOTICE. Any Real peevidtd for hteCrin ahal be in .r,,rS ar.J ctt Plea deGyered mhau maird prepaid, etrti(cd at rqukrd mail, 4tym real rt"mcd
ro the Addrw fun Abstain hereto ter the, r.penia pmt to a hero ruler a io le gi.cn or to l.tb of All" a2 ,nay lit enigma. tJ bf i'bWr penr 01 writ. nakr
ri.oo pWnuart true.
21, TONE, Two 6 ddie r¢rxe dlhu Attain. unl each pro rlw r heroin ,anuin,d,
2:. 11`011D1 AND UCADINCd. WWJu axd ter<J, lea 4''. i.l.Jr i!w plasal u.<J Aa du do far. N'orde u:eJ in she • a
m%i,r. The kcdon anon vyI N.,,;n art roe ean.t,)AM c oil ~ 1e-lire gender inC lvG ter feminine And
/ rant Man eau rw ,?,Averpus the amlwuioa Of inu,(mHian Arai
/pa~ldlh4 QKV TIM. '
24. L11145. Container than a) all Iirm. 4cp the h,*jAtt inz rM p.rl thne.f fret It" ant aatad:Pen,. Len, loom of rim of o,N., I~ cvmlann arcing set of
04 Work and C...aatar Jar indemnify. defend and hard I, 1tr bA rmgraa !ram and a jUra all cglrra, love, dunan6, raau. d anon M uprra. Iincfuding
talarAAgya rest nod wMr told of Ali Into led by 11 Miler n d,!nlJmg aS.:ra, 0e faryAlnj or in enfaniug'I indamtair and dderw sivi.i da) d rhaeser
natur, an.ng by matsm deal aueh Lm, ads Jm of Len, AUchmr,I w e.w a:Ibn~Ige, L. a
( } the ne:A 2117 eosin J l,kd w rn(o Wee s,q Laborers, malanabnra, mwehan'0. or
r
Other •ai Ulu ben arilirg candor hlai,nL IS der Lvml. Cvntrvuu aL,J h,nnu':.ady eaux such tan a 4C Wtaicd and d4ch.rdtd " itc"uaner Marl lad Air so de,
Not Wilddr MAM hireshe 61111 upay an l.mu,irNr!ud',n1a,wn.rIfenandan.aAhrr caiu 1nJ e.pA'rr2 irwurrrQ,noeltry to obtain ,uct crucial and d At hit stand
heW C+naatwr aal4 rot,lte aoaum tMual ,With the met, to drJwl In or a plriion o(encI, lure Irani aClwunu thatmsy be t,e Canuaclor.
i S/, CUAAANTEt. In aJdidDA Ce >ny olhtrp,3r.nlre c. ar.~ dr„ •
L2A to Iw .lrkrAAnaN i / "'a ' 7 Guocnam ar mylird Lyra.. glom allot, "'Ramnilionally rder.ru.a the CYO,) again,
p and m2(triak far tat bnefu of guilder al.d w I.aCAUUn and 34lru and Conlfrnw :hall iudemudy, dd,nd and Iwld g.",r harm;., ram
add ap6ul en eta;M)A. damAp and Capcrax I'oeludmj allum ql r,n and odgr eau of Je(,61e iu rarrrd 41 milder, defending apirue any loom ar rafo,lm Ito
` f imdcmniAr tad Warne O►1lradao) sritirj all of air J,r,eai.e to~,J IIo,,, Th., r.aanler shall aptairetm, in„a w INA brrrlie of and be Urfa-Ceaalr Rot Alit p.rrhAeor
I
r I or any J.0 1.4 conar.cwd v a b<eamanill .i,hin in. posh. amt nth ruyru t. Mtn he 1Y.A ippll.. Th41., 3- ter anal currix , rprln t3mplr1411 Of
0o Weak Ind am aM om,mre After rbiing d p.rrhjH Of i!w d-Oh,li ear J.,,!hnjt for a period or one pre .4h pill is iI,f,cu n.Aj lit gallop .urLeavhip and
I defective e.aieri+S r dw as rrunlarg aM'r .iah b,I d:nS A,.nJ, " :.a tea,) .,Ih inirtl w uj,,A b. fa.lit 'rw Ada,i.n of plynb:ry. ,y. Ant a:, ne A.nS and .
r j taaGng lyudme: eeW Ur, ye3n.yak rnprct to urur.nldrf.m In rly time,1'r,,drma^d At male span Cea,a.or,o ptrfur,n .,.Jtt iblipalemee. Cwur+e,or 1„u
r rk coil aAt raprnM Mal eapfdiliawly Rollie or rrplacr an, drhrwt .owl, whnhcr e.40ng b.ouw of!tall, .oraamlvhf
Gono any wRt/ eav.e end upW W r,p6u try 44m, e Ie ter .Uri p. derled" rgwpmrm ear nuyn.b, of
Is any rte Wily gr 'ol J t d 04`00.4'1 ee.HJ lr luck dartni,c cork In I. nun COmr2c,Or than rld is ptn.nm uml" Rio
I fw. Am"L (h ail e O perfeem ee, ar Out g.ilJU, )ban I,., h, r'yht a hire .,he, pill.,.,. nnem the Jdt.i.g wart and IudJ Carl Rea Ne Irr,nr '
Whionej 'el Jwl.r,emdnla Wd 1I.Pona N. ana~wp, IA I'd in he r.N,c LJ.nl of Ih4 pi.. aha.
Upon av,a}own or law ..A. and if r,4uA A.d or gut No, C.n„a, it .Ia e.awr and All I. ri.ild[L LI a uy.a❑ gu.r4n2re e( the \vo,a bmt,m nS an
wIAAmY IN pteyitiwn u(,kL Smion Se, Ana (ii) JI ea man Aia -d it IllR fa
dde'.e u A farm vt7ai.itary to b.djar, y` p w, Jra.inp or epeartu,v ro, ,4r, tuft gwuAmm than Ie Hyarau .late.
IS 0'I'I ICaL ACACkhILN'tS, llwrlal th.fr L.aw ra outer,,. r.,'n, .,w w merle Other y+rllmanu b.'I.ern he par,e6 w wHO Air 1111111"d Cwlwa.AtwA I
Retail fah." antetolng dl,w ,It mhrr w oolilt,iyn prutrtl, ,Yew a breach b? Convector wdrr he ierlua
shag bar "AwlrteJ 0 Ltrxll al Ihia ASrrre n a of any loch .eft. tmrnu, At Ilia aalkitt" ll r! gr,Llcr,
kloa w I M ag Meth spa ill. In c.Ch urns et sAw lea A!6tml ,r Jrplut a .,me I .A any or a►Uravwt w
~ rNJ M taewJrn.r rwh 0<ir IrMen and my w,Ihlwld nwl,a J,t ur keceme alai under f logA lpeamem A and spittle lhr u u.,,j pAl.lanl or f am, dvmajn
j m,ffr,rd,
IN aYI'fN LV1 IYIIV, a¢Df, 11ar pan!. arise ha.e I.. .,a., h4 A clr ,area, Iht Jay and Y, A, rnI )boy .r4un,
TE'b yI Co~m,to.1 Jagoe-Public Co pany
gy . Jf e,1 '
Dill Allen NAME: r
North Dallas Division President TITLE:
{
Rider attached to and forming a part of an Agreement dated
By and Between CENTEX REAL ESTATE CORPORATION and Jagoe-Public Company
Westgate Heights, Phase IV, City of Denton, Texas s
JOB #DVWHI RIDER #1 Dated
n 1MSROR4M UTILITIES AND STREETS
i
I A. scope of work
It is mutually agreed that the Contractor shall furnish all labor,
supervision, tools and equipment necessary to perform all of the work and
services under the following at the Builder's project known as Westgate
Heights, Phase Iv, situated in city of Denton, Texas. The work consists
of, but is not limited to the complete installation of story sewers,
watermains, sanitary sewers improvements and the connection to existing
street facilities and appurtenances, and the connection to existing
underground facilities PA street paving.
1. Specifications
Technical specifications sheets 1-6 as prepared by !letroplex
Engineering Corporation.
Special provisions for underground utilities sheets 1-12 inclusive
per enclosed and city of Denton's specifications. i
Special provisions for street improvements sheets 1-8 inclusive per
enclosed and City of Denton's specifications. 1
2. Plans
i
! TITLE
Westgate Heights, No. IV
The City of Denton, Texas
Sheets 1-11 Inclusive
j Dated: December 1986
i P. Compensation
Compensation for the work, services and materials set forth herein shall
be as follows:
I
J
13
Project: Vestya'.e Mei;hts, Phase IV
Imprtreeect:: Itilltics and Paring
{ottructar ;agc1•P4 lit Compan;
r.,, gos 2SC
Ceafce, Told, )020,
'A ode er: ?YYHI
t
SaailarT S!rer Cost code 11210 attract Contract
Ite: Est. Ir.it To ta!
0•e or "P o"e 'Qea,ntitT unit FY iCC {C:t
1
201 0' Diameter PVC Pipe, complete it place !)OS,7 t.F. S!l,15 416,Bc.1,50
a ;
!I 21! Serriet fiats, {e:p!eto in Pla:e )S,B Ea:h ;1)5,00 j5 00.00 l
210 {lone oot, {ospltte is rlact 1.0 Each ~lS°.".1' j)SD.BO
f I
212 k' Waoho!e and adjc;t to grade, Cosplete is Place T.0 Each X1,250,00 t),iS1.00
f
211 SanitarP :era Freacl )at'etP Systcm, :osplch is rinse t,0 t.S. jI,000,09• ~1,eel, E0
Total Sanitary Sevtr
i1f f !
1 I ............{S}.....
. Yat,r...:ast Cods 111)8 C:ntract
Item Contract
i Fatal
Oescr{p.i.n ,cattit; :aft riu. Cast
115 f' HC Pipe, ccaplttc is Platt 1395,1 L.F. ;1.21 .I1,k0l,11
)16 Ss)Ihead etrritt:, Cosplete is Place 11,0 Each
j t154.19 1) !5!.01
)1) )/k' Services, Cosplete In Pace Ik,l Each }to'..00 12,101,16
! } )II Fittie5s, Complete in Platt 1.0 Each ;2,5)5,01 $21S15.16
I I I Uate Velae, Complete in Place 1.0 Each ;t'.0,00 11,100,60
i
1I )!1 Fire wldrasts, Cmsp)tte is P):ct ).0 Each ,SDl,C1. j1,k10,l0
I )21 Water Line Trench Safety System, Cceplett JA Place 1.0 t.S. 11'IC0.00 $11000,10
122 2' Electrical Cond.!t, Complete in Place 2010,0 L.F. Jim 0,000116
I TransPcrser Pad:, Cceplete is Place 5.0 Each 1204,00 (1,410.10
Total Ys',er ~II,lei 10
I
i
ltee f" 'a' 'Cast Ccdt JI:OC
8 Ge:eriptice f:f. i°n'ract Cortra;!
ai! Tctal
y: antilT 7nit
tid 2' {arb er,d cut!!; cccrlel, is tl....... Pt
f Caccrete flit ror8, CcePJett is flat: ;l31.P ! .f. SS•EC 1ff,9!8.l4
1
!EI f,S inch 181,0 S.F
!Pt D and , „ S iacb T 53.80 $621.48
TPt A ag, Cceplete it f!acc ;E1l,8 S.
113 fxcaralica, Ccepltte is pact C.Y.
18. IS 1J1,TJd.3S
t lice Scbgradt and Y.fdrated !i a , {oePT!te is F1 8.88
5861.0 T, 11, IC 1l1,8Sl,lC
ialal ftria3 i
111,235.15
coltract
.reearf Yalce
{
kr.ifOr:
,d f8. S1 .
Yattr '
i3~,8S1.4D
lario3 1J 1,13S.IS
Srta: Tate! tl33 °tl.6S
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IC.,.,,.
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
11 i
Performance Bond
3
I
j -
KNOW ALL MEN BY THESE PRESENTS: that
Jagoe-Public Company INM+ftenFAam.«eW&M«I.sreEawcamnam
t P.O, Box 2
I 50, Denton, Texas 76201
t as Principal, hereinafter called Contractor, and,
Seaboard Surety Company IN" 106M FA "M&aW&WNIy,t,wof s,"qj
5750 Pineland Or'., Suite 304, Dallas, Texas 75231
as Surety, hereinafter called Surety, are held and firmly bound unto
I Centex Real Estate Corporation fka irt,nt k~l awe MW ""M « r,yE 0' de Or Owweq
1660 S. Stemmons, Suite 150, Lewisville, Texas 75067
as Obligee, hereinafter called Owner, In the amount of One Hundred Thirty-Three Thousand
• Five Hundred Forty-Nine and 65/100-
Dollars IS 133,544.65
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents,
WHEREAS,
I
Contractor has by written agreement dated Apri 1 26, 199 , j
Street and Utility Improvements including curb rand into a with
guttertrwork orOwnerfor
f Westgate Heights, Phase IV, Denton, Texas
In accordance with Drawings and Specifications prepared by
o4w Inuit MI ~aaew « Na,l IFd..(Ncr•Yt>) i
which contract is i by reference made a part hereof, and is hereinafter referfed to as the Contract
iw noeutt 1 dun . r(I(rokMANct aoNO ~ueo tMO~ ANo
r(aaUAaY1l70(D.,THEAMERICANINSTITUTEOrARCHIT(CTS,17]SN.YAy(,IAW,WARUNCTUN, G? S
1
h
I
NOW, THEREFORE, THE CONDITION Of THIS OalICAMN is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect
The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion
extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the
Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price;
to be In default under the Contract, the Owner having but not exceeding, including other costs and damages
for
performed Owner's obligations thereunder, the Surety which the Surety may ra b liable hereunder, the amount
may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term balance
of the contract price," as used in this paragraph, shall
1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor
and conditions, or under the Contract and arty amendments thereto, less
the amount propealy paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before
accordance with its terms and conditions, and upon de the expiration wof two (2) years from the date on which
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the final payment under the Contract falls due.
Owner and the Surety Jointly of the lowest responsible No right of action shall accrue on this bond to or for
f + bidder, arrange for a contract between such bidder and the use of any person or corporation other than the
1 Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis-
though there should be a default or a succession of tralors or wccessors of the Owner.
a
I
Signed and scaled this 26th day of April 19 89 {
Jagoe-Public Company
I hirh yrall Gab
I t
toy
drnrol
Seaboard Surety Company
I. urveyl 3H11
f ilrH„1
ely-
am~
Rosemary Weaver Trthl Attorney-In-Fact
f MA DOCUMENT A761 PtitrintmA ff.'1 afwu ANn LAMIR ANO MATIRIAE /AYMENT "n - AIA 0 '
(IRRUARY1h7Y 11). - THE AMERICAN INSIITUI( 11: AR01111Ct% 1715 N.Y. AVE., N.W. WASHINGTON, D. C. 70006 2
V
.Mn~.
THE AMERICAN INSTITUTE OF ARCHITECTS
A!A Document A311
Labor and Material Payment Bond
E
i ~
THIS IOND IS ISSUED 51-ULTANEOVSLY WITH PERroxmANct aOND IN FAVOR OF THE
OWNER CONDITIONED ON THE NIL AND FAITHFUL YERIOXMANCE OF THE CONTRACT
1
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t KNOW ALL MEN BY THESE PRESENTS: that
Jagoe-Public Company 04.. in,nt lu1! w~ ud Wbev w kid t de of Cwagoet
P.O. Box 2509 Denton, Texas 76201
as Principal, hereinafter called Principal, and,
Seaboard Surety Company VI rww w M&M or kyl tick of sw"
5750 Pineland Dr., Suite 304, Dallas, Texas 75231
as Surety, hereinafter called Surety, are held and firmly bound unto
Centex Real Estate Corporation aknwwrl"Imme4Waddreaof InAOak of o ,r
1660 S. Stetmlons, Suite 150, Lewisville, Texas 75067 II
1
as Obligee, hereinafter called Owner, for the use and benefit of fai n as hereinbelow defined, in the
One Hundred Thirty-Three Thousand Five F~un~re~
amount of Forty-Nine and 65/100------------------
k„r, "am d4v I a at kw °ma'if of +K wwan Fw" Dollars (s 133,549.65
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
wccessors and assigns, jointly and severally, firmly by these presents.
f
WHEREAS,
Principal has by written agreement dated April 26 1989 , entered into a contract With Owner for
Street and Utility Improvements including curb and gutter for
i Westgate Heights, Phase IV, Denton, Texas
i in accordance with Drawings and Specifications prepared by
I! f ft ft iaM W w ae ud Wk m w k jA Ytk of A" Wo
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AEA DOCUMENT It . PERFORMANCE &ONO AND LAROR AND MAT.RIAL PAYMENT I ONO • AIA 0
TtiRUARY 11170 TD.• FMI AMIRICAN INSTITUTE OF ARCHIfECT.S. 1735 N.Y. AVE., N.W„ WASHINGTON. D. C. a000a 3
I
I
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ym,.
1
• NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such [hat, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in The performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the (ol-
lowing conditions:
1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party
tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom
Principal for labor, material, or both, used or reasonably the work or labor was done or perfmred. Such notice
required for use in the performance of the Contract, shall be served by mailing the same by registered mail
labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad-
water, gas, power, light, hear, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place
service or rental of equipment directly applicable to the where an office is regularly maintained for the trans-
Contract. action of business, or served in any manner in which
legal process may be served in the state in which the
2. The above named Principal and Surety hereby aforesaid project is located, eve that such service need
jointly and severally agree with the Owner that every not be made by a public officer.
claimant as herein defined, who has not been paid in b) After the expiration of one (T) year foflowing the
full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract
days after the date on which the last of such claimant's it being understood, however, that if any limitation em-
work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling
furnished by such claimant, may sue on this bond for the construction hereof wch limitation shall be deemed
the use of such claimant, prosecute the suit to final to be amended so as to be equpl to the minimum period
i judgment (or such sum or sums as may be justly due of limitation permitted by such law.
claimant, and have execution thereon. The Owner shall c) Other than in a stale court of competent jurisdiction
not be liable for the payment of any costs or expenses in and for the county or oilier political subdivision of
of any suds wit the state in which the Project, or any part thereof, is
No suit or action shall be commenced hereunder situated, or in the United States District Court for the
any district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and
notice to any two of the following: the Principal, the to the extent of any payment or payments nude in good
Owner, or the Surety above named, within ninety (901 faith hereunder, inclusive of the payment by Surety of
days after such claimant did or performed the last of mechanics' liens which may be filed of record against
the work or labor, or furnished the last of the materials said improvement, wheiln" or not claim for the amount
for which said claim is made, stating with subflantlal of such lien be presented under and against this bond.
I
Signed and sealed this 26th day of April 19 89
i
Jagoe-Public Company
ririMpan
(wrtnc~sr ) ~ I
L/ r t
I I I (!dr)
I I
Seaboard Surety Company
i ~ (SuM[3 tse~b
I I~
f ruNKrl Jr [jt/y1 Lll,
Rosemary Weaver rMA.)jld[[AAt`t/ornneey.-'l IT-Fact
AAA DOCUM[NT A311 . KKr()RMANcc BONn AND tAat)R AND AIAI(KIAL rAYMINT FOND • AIA A
(tBRUA1t111170 U7. • IM AMIRKAN LNsrirur( (r(ARCHIT(Cls, 1716 N.Y. Av(., At W., wASHIN(;TON, D. C. ]UOOL
i
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DUAL OBLIGEE RIDER
(TO BE ATTACHED TO BOND AT TIME OF ISSUANCE)
TO BE ATTACHED TO AND FORM PART OF Performance and Payment
Bond NO. 155142 date concurrently
with the execution of this Rider, issued by the y
Seaboard Surety Company t , as Surety, on half of
blic Cgnpan r as Principal, and in
avor or C nP tpx Reel Esta a Cor rat on and
City of D n , as Ob gees.
IT IS HEREBY UNDERSTOOD AND AGREED That the above decribed bond(s)
are hereby amended to include the following paragraph:
Nutwithstanding anything contained herein to the contrary,
there sl•a'.i be no liability on the part of the Principal
or Surety under this bond to the Obligees, or either of them
unless the Obligees, or either of them, shall make payments
to the Principal, or to the Surety in case it arranges for
completion of the Contract upon default of the Principal,
r strictly in accordance with the terms of said Contract as to
payments, and shall perform all the other obligations required
to be performed under said Contract at the time and in the manner
therein set forth.
IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein containedd
J
shall be held to change, alter or vary the terms of the above'describe
bond (s) except as hereinbefore set forth.
AND DATED this 26th day of April i~
SIGNED, SEALLED• 19 89
I i
gagoe-Public mpany
By• _
Seaboard Surety Company
By
Ac know ge by Co- b igee SURETY
! City of Denton S
/UWRE~T~ I 'un
BY' S.LLL11 1.i f 1 ~1~
Rosemary Weavers Attorney- I n-ac
i •
i FFF 0589
r 'mod COPY SEABOARD SURETY COMPANY
Na 10376.- ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has .
mado, constituted and appointed and by these presents does make, constitute and appoint Rosemary Weaver or
Tony J. Klepec or K.R. Harvey
01 Dallas-Texas
its true and lawful Atlorney-in•Fact, to make, execute and deliver on its behalf Insurance pokes, surety bonds, undenaBings WA
i other Wlrurnents of ltlmilar nature as follows
Without Limitations
I _ -
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact. pursuant to the authority ,
hereby given, are hereby ratified and confirmed.
Tftis appointment is made pursuant to the following By-laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15,1982 and are still in full force and effect:
ARTICLE YI I, SECTION 1.
'PWklee, bond4 raeogrtisances, atipvlations, consents W surety, un6erwrkky underWLps and Yatruntenh re4tinp Uwa1e,
lrwp ana pol is ies. bonds, recognu antes, siopuial on s, consents of "sty and %oM6" rA ng u nde rU k ings of rM Compan y, end rNee3es, aprermenis V4~
territ4ys le st" in any way ".,*Io or to any cUun or loss thereunder, ah4o be s geed m the ram" on behaII of the Cornperty
_ -(a) by"ClwirrianoltneBowd lhePresia"aV,ce-Prnrdentore ResideniVice•PresiOentandbytMSeuetary,u+ASsiNWSeuruwy.SAnidcnl
Seaslary or a Rraidenl Amiklam Secretary, or (b) by an Attorney-tar Fact for the Company ppomted and auNO/ited by the Cnautnan W She Board. IM. '
Pendent or a Mite-President to make surf, sgnature, or (c) by such other otl-cers or represenlativts as the Board may from fine to time delarmlrte.
Tra sea! d the Company "Off appopr,ate tw atlved thereto by any such otfKer. Anwr4iy-in-Fad or rwowtaltva
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has Caused these presents to be signed by one of its Vice-
Presidents, end its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ..lst
day of September...._..., 19.88
SEABOARD SURETY COMP
• a. Attest `
1421,A/ '
=O. seal V~Q.Q-r-4~Q0I By
- - r`r4sts` Assstant Sec etery - Y PresidarN
SWE OF NEW JERSEY ss.:
f COUNTY OF SOMERSET
this.---I et.__.___.dayot Sepkeglbe;.......... before me personally appeared
Michael ..B... Keegim...................... a V-fce-President of SEABOARD SURETY COMPANY, -
with whom I am personally acquainted, who, being by me duty sworn, said that he resides In the State of ...New..Jers.ey. ;
that he is a Yoce-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 seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Di rectors of said Company; and that he signed his name thereto as Vice-PresJdent of
said parry try like authority. FELICE M. CATALANO
+ NOTARY PUBLIC OF NEW JERSEY
ARN 0, ~51;r
My Commission Exp. Juno 4, 1991
s PAC CERTIFICATE
OF yndrrsWied A"slam Secrete ry of S EABOAR D $UR ETY COMPANY do hereby oartity that the origkal Power of AMerwy of wh ich ttta loregoirtp is
.
and eorrod copy. Is In "torte and effect on the date of Ihie Cartir"t "I do helher certify that IN riu-Preskleol who "INX red tla said Paw of
Afrorny was orta of tM Otticaf authorized by trw Board of Mrscton w appoint an attorrt.y ir~lacl as txorkled In A ic1e `VIL Ssakwi 1, c AV* Sy-Lawe of
SEABOARD SURETY OOMPANY.
This C 4ftsl r nay be signed erd seated by facsimile undsr and try autwityr of tM (onoertng resokrtion of tM Gaiwlhe 0xnntklae of the Board of
Directors of SFABOAAO SURETY COMPANY Y a r"ting duly caned and held on the 2SIh day of M web 1070.
`RESCUIEOJ (2) Thkt lha trig of a Printed faeskivie of Via corporator oral of the Company and of the signature of an AsafaLM tleaelary on any
. eptification of fhe conetari ne a a copy of an Inatrwnenl rttecuted by the Prrsld«+l x x Y'tca-Prasidertt purKAm to Artkle YII, Section 1, or Viz Or-Laws
f , apppiewng and auSh4rirn0 an att«TMy-In fact to spn in u,* name and on w" or to Compsrsy surety, borde, wderwrl*V urldeirtakirw or oaw
kWnr,rw>sa dauibed in Will Ankle V11. Section 1. with like effect as 6 such seal and won agraturs hed.been eanually auu.d and made, herby Y
authorked and approved.'
IN WITNEtiS WHEREOF L,~ ve hereunto set my hand and affixed the corporate seal of the Company lotheas presents Wis
as r► . day
If27 - ~ LZ?_I/(r.~~~~~l.~.L.L.f~.1!Aiiiiunisiarti+r
j 'oM;a - \ ra,aaetiwv.7ny
For verification of the swheruicity of this Power of Anorney you may call, collect, 201-65a-9500 "ask for the Powx d Marty cierk. Please to* b lM Pbwr
of Altorrty number, the above named indiv dual(s) and d,-ta is of the bored to which the Dower is Wached. In Now York. Dial 212-627-54a4
V
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.:1.x31 i
PROJECT NO.
!J'L
CONTRACT NO.
THE STATE OF TEXAS 3
DEVELOPMENT CONTRACT
COUNTY OF DENTON S
i
t
Whereas, Joseph P. Delaney, Bishop
{
hereafter referred to as "Owner," whose business address is
is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
"City"; and
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to insure
that all streets, water and sewer lines, drainage facilities
and other improvements which are to be dedicated to the public, 1
hereafter referred to as "Improvements," are constructed in
accordance with the City's specifications, standards and
ordinances; and 1
(select applicable provision as follows)
I,I Whereas, the Owner elects to construct the Improvements J
without contracting with another party as prime contractor, in I
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
I ~
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PAGE 1
I Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with
• whose business address is
hereafter
i
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
I( }I an interest in insuring that the Improvements subject to this
{
{ I agreement, which will, upon completion and acceptance by the
1 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
CORNER OF TEASLEY AND PENNSYLVANIA, DENTON, TEXAS
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
and 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
k
t
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 Cit En ineer• Ins ections 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 his representative. The City Engineer shall +
i decide all questions which arise as to the quality and '
1 j acceptability of materials furnished, work performed, and the
interpretation of specifications.
The Contractor shall furnish the City Engineer or
I I
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his representative with every reasonable facility for aster-
1 ,
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
1 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,
E the City Engineer shall notify the Owner of such failure and
may suspend inspections of such work until such failure is
remedied. If such failure is not remedied to the satisfaction
of the City Engineer, the City shall have no obligation under
' this agreement to approve or accept the Improvements.
PAGE 3
(c) Insurance. To provide for insurance in accordance
with the insurance requirements applicable to contractors as
provided for in Item 1.26 of Division I of the Standard
Specifications for Public Works Construction, North Central
Texas, as amended, the provisions of which are expressly
incorporated herein by reference; provided, however, for
n purpose of this provision only, "Owner," as used therein, shall
i
mean the City of Denton.
(d) Means and Methods of Construction. That the means
i ` 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
j not, in the judgment of the City Engineer, assure that the
i Improvements were constructed in accordance with City
specifications.
2. Mutual Covenants of Owner and Ccltractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds, Escrow Agreement. That If
iJ
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,"
i
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 svL` tied guaranteeing r
• the full and faithful completion of the
I
PAGE 4
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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 $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 i
agreement insuring ~ completion of
the
Improvements. Without exception, i
escrow agreement form shall be used. City's
(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
(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 $500000 or leis, as
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (i) above, Owner and
Contractor agree and guarantee that any and
all debts due to any person, firm or
corporation having furnished labor, material
or both in the construction of the
Improvements shall be fully paid and
j satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the improvements, the Owner
j and Contractor shall furnish a written
affidavit, in a form provided by the City
PAGE 5
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
`
paffixed,
ublic that are to be dedicated to the
.
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
l to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
t
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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
j requested, written statement from any or
each of such subcontractors or suppliers
f that they have been paid in full.
i
(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
E 1
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
i
improvements by the City. The Owner shall thereafter pay the
Contractor the retainage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
k satisfied.
(d) Encumbrances. That upon completion and approval
C or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
liens, claims, charges or encumbrances of any kind, If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
f satisfied and released or promptly post a bond with the City in ~
the amount of such claim, lien, charge or encumbrance, in favor
f of the City, to insure payment of such claim, lien, charge or
k
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 favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas,
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or j
subcontractors; or on account of any negligent act of fault of
f
PAGE 7
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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.
(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.
1 3. Occupancy; One Lot Developments. Owner further agrees
as follows:
f (a) Tnat 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 $30000.00 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.
Li (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
I! improvements have been completed and accepted in accordance
I with this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
PAGE 8
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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
I
of this contract shall be corstrued in accordance with the laws
and court decisions of the State of Texas.
71, 6. Successor and Assigns. This contract shall be binding
j upon and inure to the benefit of the parties hereto, their
respective successors and assigns. ~
i+
Executed in triplicate this, day of 19,
OWNER CONTRACTOR
BY: BY:,,~
Jos h , Delaney,
op Catholic Diocese CITY OF DENTON TEXAS
Fort Korth '
f F
B1
14A N
Lj q4AGER
ATTEST:
JENNIVER WAL , CITY bLuKETACY
APPROVED AS TO LEGAL FORM:
DEBRA ADAM1 DRAY0VITCH, CITY ATTORNEY
BY:
PAGE 9
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DICKERSON CONSTRUCTION CO., INC.
P. O. 60X t81 • CELWA, TEXAS 75009 : (211) 382.2123 OR 382.2761
pt
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July 11, 1989
1 Reference: Storm Drainage System
n ; Denton Catholic Add.
ih I Burke Eng.
Box 606 j
! Denton, Texas 76202-0606 !
Dear Brian:
Following is a break down of the items that you requested in
your July 1, 1989 letter. 111. a. Cust for material f 259806.30 Dk~ eiSe.i 7~
b. Cost for labor 72993.70 •Ar-- j>rorr`de lR 10A /Y
There would be an increase of $ 2.6&pr ~F. t'
if the Contech product is used. Iii, 0 V
I hope that this will assist
i you in evaluating your project.
.
If I can be of any further help please don't hesitate to
contact me.
i
SincereIyr ,
Dickerson Cons;t. Co., Inc.
Lewis Dickerson
LD/rm
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• l l 931
PROJECT NO.
CONTRACT NO.
i THE STATE OF TEXAS S
DEVELOPMENT CONTRACT
COUNTY OF DENTON S
Whereas, P • F Properties a Texas Joint Venture
hereafter referred to as "Owner," whose business address is
700 Dallas Drive, Denton Texas 76205
{ is the owner of real property located in the corporate limits j
C
{
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
f 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,
i
hereafter referred to as "improvements," are constructed in
i
accordance with the City's specifications, standards and
ordinances; and
3 (select applicable provision as followsl
I~-I Whereas, the Owner elects to construct the improvements'
without contracting with another party as prime contractor, in
I
f which case the provisions of this contract which refer to
I
"Owner" of "Contractor" shall mean the Owner as named above; or
PAGE 1
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
1
an interest in insuring that the Improvements subject to this
agreement, which will, upon completion and acceptance by the i
City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
made therefor;
( WIMSSETH
As to the Improvements to be dedicated tei the public, as
specified in Exhibit A. attached hereto and incorporated by
reference, to be installed and constructed at
I 3600 E McKinney Street Denton, Texas, 76201
I ~
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: f
f i (a) Specifications. 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 addenduas thereto, and all
F
other regulations, ordinances or specifications applicable to
PAGE 2
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 o£ 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
i
City Engineer of his representative. The City Engineer shall 4
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
materials used without suitable inspection by the City ■ay be
E 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
r
request or order of the City Engineer or his representative,
n the City Engineer shall notify the Owner of such failure and
■ay 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.
I
PAGE 3
(c) insurance. To provide for insurance in accordance
with the insurance requirements applicable to contractors as
provided for in Item 1.26 of Division I of the Standard
Specifications for Public Works Construction, North Central
s
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. i
1
(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
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
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► 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,"
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I~ as defined by City's Development Code:
I (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 uaranteeing
j the full and `aithful completion of the
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Improvements seating 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,
(i1) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of $SO,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 completiolt of the
Improvements. Without exception, the City's
escrow agreement form shall be used.
i
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(100%) of the approximate total cost of the
contract cost of the Improvements 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,
E
f (ii) if the total contract amount of all
Improvements is WOOD or less, as s
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 (1) above, Owner and
Contractor agree and guarantee that any and
all debts due to any person, firm or
corporation having furnished labor, material
of the
or both I in the
Improvements shall be fully on paid and
f 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
PAGE S
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Engineer, stating that all bids, charges,
accounts or clams 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
requcsted, written statement from any or j
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 6oount of the contract
price until after final approval or acceptance of the
! improvements by the City. The Owner shall thereafter pay the
Contractor the retainage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied. I
(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
f
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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
i
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 j
the amount of such claim, lien, charge or encumbrance, in favor .
ti
{ 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
1
1
defects due to faulty material and workmanship that appear
! within one year from the ?ate 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
I
harmless, the City, its officers, agents and employees from all
r suits, actions or claims of any character, name and description
I
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
E
subcontractors; or on account of any negligent act of fault of
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PAGE 7
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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.
(g) Agreement Controlling. That the provision of this
agreement shall control over any conflicting provision of any
j contract between the Owner and Contractor as to the
construction of the Improvements.
k 3. Occupancy;
One Lot Developments. Owner further agrees 1
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,
I
1
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 ■ay 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
i
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
3
constructed or located therein until all required public
improvements have been completed and accepted in accordance
with this contract.
4. Covenants of City. That, upon proper completion of the
I
Improvements in accordance with this agreement, the City agrees
E PAGE 8
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to accept the Improvements.
t
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
I
i venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
!i and court decisions of the State of Texas.
k 6. Successor and Assigns. This contract shifll be binding
c
y upon and inure to the benefit of the parties hereto, their f
respective successors and assigns.
ce .
Executed in triplicate this, day o I i
OWNER CONTRACTOR
BY: Y'
Robert P. R ner~z.rrE
CITY OF DENTON, TEXAS
Y•
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ATTEST:
1
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APPROVED AS TO LEGAL FORA:
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
D ~Y1n tnr~-
8Y: 1
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PAGE 9
"oil
0 0 TEL No.214-228-0827 Ju1.14,89 11:38 P•u2
pit 1
THE
pRA1iRGSR Cp11PgNjt INC.
PA 130K 2518 '
MMUM 7TJW 76185
(214) 228-0760
PAX (214( 218.0827
,
July 13, 1989
Mr. Jack'rpaul '
T0MjFout0 Realtors, Inc, ;
! 700 Dallas Drive
k Denton, TX 96205
RE3 Texas Department of Mental Hbalth and Mental Retaidation
and Genetic Screening and Counsgling service, Sett
McKinney St., benton, TX
E Dear Mr, pault
E !
pleased to
system and the underground water xmain ri{atallation-
on the above referenced project.
install approximately 485 L,p, of 8" PVC pipe (SDR-18)'complete
with one fire hydrant and equlpm*nt.
t Install approximately 300 L.1+, of V PVC pipe (SDR-18) complete
with concrete aeter,vault and detector check valve witf bypass.
Thd The e for -..the water.14ne installation in $16,00010
installation of a wet pipe automatic sprinkler syatiem
designed for Might hazard occupancy in the,lab buildins only)
the price is ¢12,000.00
• r
Total price for all above referenced work is $28,000.0e
If this price meetc with your approvalp E acceptance clause and return the original ltosuseatnyotht ui earliest
convenience. ,
If I may be of further assistance, please call.
i
sincerley,
I
Fe Frey s. YO / mt
i JSY:ad
Enclosure
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Hammett & Nash Inc.
P.O. BOX 1552 • DENTON, TEXAS 76202
f (817) 387-0506 (817)566-S427
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July 14, 1989 sF
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To Whom It May Concern: E
lilt
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I estimate the coat of the sidewalk for the Genetic Center i I,I,
project to be as follows: }r.'
171.61 ft x 4 ft x 2 in a $ 1,372.88 total coat of
sidewalk Aq 'r
r,r
if you should have any questions, please don't hesitate to ?'Y
call.
s
Sincerely, `
HAMMETT i N SH, INC.
E Nash, ~Zl
Registered Professional Engineer
Texas Registration No. 14312
WSN:lg
24723/adwalk
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1233L
PROJECT NO,
CONTRACT NO.
i THE STATE OF TEXAS 9
E COUNTY OF DENTON § ESCROW AGREEMENT IN LIEU
{ OF PERFORMANCE BOND
(Development Contract-Improvements
II of $50,000 or Leis)
WHEREASO !1!
/73> L~? , hereafter 1
referred to as "Owner", has undertaken` to develop property i
within the City of Denton, Texas, or its extraterritorial 1
jurisdiction; and I#
WHEREAS$ Owner has, pursuant to the ordinances of the City
of Denton, Texas, hereafter referred to as "City",
executed a i
development contract to insure that any and all streets, water
and sewer lines, drainage facilities or other improvements which `
,t
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
f i
WHEREAS, Owner wishes to receive building permits for said
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 $50,000 or
f less, in lieu of ostin a
} P g performance bond, escrow cash money
i
with a bank as escrow agent in an amount not less than the
amount necessary to insure completion of said Improvements; ;
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NUw THER ORE, OWNER, /
City and
hereafter called "
agree as follows: Escrow Agent",
1. Amount.
Owner, as a condition
to re iv in
mite for petty ocated at ing per-
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;
el,
f ~
4 sum of shall dep the
Seventeen Thousand Three Hundred Seventy
-Two and 88/100---
0-111-32.2,88), in cash
money, with Escrow
in an amount Agent, said sum being
, as determined by the City, necessary to insure
completion of all Improvements which are to be dedicated to the
public; said Improvements being more particularly desc
th ce fain develo Wed in
pment contract dated the
19 L day of
, between the City,
C Owner and n ac r, to which reference is Owner's f
made herein,
I 2. Notice of De osit.
No building permits shall be issued
by City for the property herein described until
notifies Cit Escrow Agent
Y, in writing, that cash money, in the amount
specified herein, has been deposited in an escrow account with
Escrow Agent.
n 3. Release of Funds. Escrow Agent shall not releas
i all of the escrowed funds until the City e any or
Escrow Y Engineer authorizes the
Agent, in writing, to release such funds as provided
herein as follows: for
(a) the City Engineer shall authorize the release
all the escrowed funds when all Improvements are
PAGE 2
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NOW.,$rHER ORE, OWNER, City and
hereafter called "Escrow Agent", 'I
agree as follows:
1. Amount. Owner, as a condition to re ivin ing per-
;
F mite for perty ocated at
i i shall dep the
4f sum of Seventeen Thousand Three Hundred Seventy-Two and 88/100---
I
17,372.88 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 desck'Ved in
th ce Lain development contract dated the day of
19 , between the City, Owner and Owner's
C n ac r, to which reference is made herein.
2. Noti.:e of Deposit. No building permits shall be issued
by City for the property herein described until Escrow Agent
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,
t 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,
j so long as the remaining funds not released are
sufficient to complete the construction of the
remaining Improvements which have not been, but. 1
are required, to be completed and accepted or
approved by the City.
3. Notices. Any notice to be sent, or required to be sent
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j or given under this agreement shell be sent to the address of
the parties hereto, as follows:
f
CITY: City Engineer
215 East McKinney
De exas 6201
OWNER: ESCROW AGENT:
4. Fees. Owner agree; 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 Ager- 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 i
Account, the proper interpretation of this agreement, the duties
j 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 }
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 1
substance satisfactory to the Escrow Agent and i
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 rFndered by a court of competent juris-
diction, an order binding all parties interested in
the matter.
I~ 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 thet if any legal action
C 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 ner, a Esc V Agent j
have signed this instrument this A/ day of
' 19~
f
CITY OF DENTON OWNER
BY: BY :
E.2 i l a i~~JT~~G`
ESCROW AGENT
BY:
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PAGE 5 1
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--T-T-T-TI-Flilvg 1 11 Kam or
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logo 146FIT-mr-r'f~
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BILLY RYAN HIGH SCHOOL
DENTON INDEPENDENT SCHOOL DISTRICT
CONTRACTS, BONDS AND INSURANCE FOR CONSTRUCTION
PUBLIC 3-WAY CIVIL CONTRACT
FOR PUBLIC PORTIONS OF BID PACKAGE "All
CITY's copy
~i
21931
1 ^
i PROJECT NO. 1 7
' CONTRACT NO. Gib
i THE STATE OF TEXAS S
DEVELOPMENT CONTRACT
( COUNTY OF DENTON 4
Whereas, DENTON INDZ2ENDEt7T SCHOOT. DISTA ICT
i 1 S I ~
i ,iereafter referred to as "Owner," whose bss;tt..;s address is _ I
1307 North Locust, Denton, Texas, 76201 j
I ~ 1
is the owner of real property located in the corporate limits `
of the City of Denton, or its extraterritorial jurisdiction; and
J
Whereas, Owner wishes to develop the property and such 4
E I development must be performed in accordance with the applicable
j ordinances of the City of Denton, hereafter referred to as J
! I
"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 Io be dedicated to the public,
_ hereafter referred to as "improvements," are constructed in
i -accordance with the City's specifications, standards and
ordinances; and
(select applicable provision as follows) '
E
I ( Whereas, the Owner elects to construct the improvements
w'*hout contracting with another 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
3
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PAGE 1
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1 x J Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with Spaw-Glass General
Contracting, Inc. whose business address is
F4 2120 Valnut Hill Lane Suite 100, Irvin TX, 75038 hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
i an interest in insuring that the Improvements subject to this
agreement, which will, upon completion and acceptance by the r
City,. become public property, are properly constructed in
F accordance with the City's specifications and that payment is
made therefor;
W1 TSESSETH I
I
i 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 Bill Ran High
.School, for he contract price of $219,540.00
I
_ the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree a's follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. ro construct and install the
Improvements in accordance with the procedures, specifications
E _ and standard contained in Division II and III of the City's
Standard Specifications Eor Public Works Construction, North
Central Texas, as amended, ajid all addendums thereto, and all I
f r
E other regulations, ordinances or specifications applicable to
I
PAGE 2
i
such Improvements, such specifications, standards, regulations
i
and ordinances being expressly incorporated herein by reference
and being made a part of the agreement as though written herein.
r
(b) authority of Cit _ Engineers Inspections, Tests and
# Orders. That all work on the Improvements shall be performed I
I 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
with the specifications applicable thereto. Any work done or
materials used without suitable inspection by the City may be
t
ordered removed and replaced at Contractor's expense.
r:
Upon failure of the Contractor to alow 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
i
request or order of the City Fngineer or his representative,
l 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
j E
of the City engineer, the City shall have no obligation under
this agreement to approve or accept the Improvements.
j 1
PAGE 3 I
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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 Korks 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) !leans and Methods of Construction. That the means
j and methods of construction shall to such as Contractor may
choose; subject, however, to the City's right to reject any
i 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
f
J Contractor mutually agree as foll<,ws:
(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,"
E f as defined by City's Development Code:
(i) a performance bond in an amount not less
f than the amount necessary to complete the• E
4 t Improvements, as determined by the City
Engineer, shall be submitted guaranteeing
the full and faithful completion of the
1
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PAGE 4
MT(.
111 rpm PM 111
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of
ions
Improvements meeting the speciEicat
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
A Texas; or,
IS (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
Is
i! Engineer, may be deposited with a bank as f
escrow agent, pursuant to an escrow
agreement insuring completion of the
Improvements. Without exception, the City's t
escrow agreement form shall be use
i
r (b) Payment Bond' Assurance of Pa went. That prior to {
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i
acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
f
(1001) of the approximate total cost of the
guarantee-
the full and proper Improvements aof tall
ing contract
claimants supplying labor and material for
the construction of the Improvements, shall
be in favor of the city, and shall be ,
executed by an approved surety company
authorized to do business in the State of
Texas; or,
(ii) if the total contract amount of all
Improvements is $50,000 or less, as
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
f accordance with ( i ) above, Owner and
Contractor agree and guarantee that any and
all debts due to any person, corporation having furnished labor, material
t 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 affidavit, in or a form shall provided h by a the written
PAGE S
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 i
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
i that they have been paid in full.
(c) Retainage; Final Payments. (This provision (c)
r
applies only where the Owner and Contractor are not he same
E t party.) that as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
i
' - 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
a
Contractor the retainage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of m-)r.ey due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
i (d) Encumbrances. That upon completion and approval I
or acceptance of the Improvements of the City, the Improvements E
t
shall become the property of the City free and clear of all
I
s
i
liens, claims, charges or encumbrances of any kind. if, after
acceptance of the Improvements, any claim, lien, charge or
t encumbrance is made, or found to exist, against the
M 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
I I 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
M I '
acceptance of the Improvements by the CitYl to furnish a 4
I f
maintenance bond in form and substance acceptable to the City,
in the amount of ten percent (10%) of the contract amount of
! the Improvements, insuring the repair and replacement of all
! defects due to faulty material and workmanship that appear
f '
within one year from the date of acceptance. The bond shall be
in favor of the Ci'y and shall be executed by an approved
surety company authorized to do business in the.State of Texas.
s (f) Indemnification. To indemnify, defend and save
j harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
i
PAGE 7
r~ the Contractor, his agents, employees or subcontractors in
construction of the improvements; and hall pay any judgment,
be obtained against the City growing out
with costs, which may
Ex
i
of such injury or damage.
Agreement Controlling. That the provision of this
(g)
conflicting provision of any
~ N agreement shall control over any ~
Contractor as to the
contract between the Owner and
construction of the Improvements. 1
3. Occupancy; One Lot Developments. Owner further agrees
r 1 '
as follows: j
(a) That Owner will not allow any purchasers, lessee,
or person to occupy any building within the development
E '
other the City,
r until all Improvements are completed and accepted by the as
and that upon violation thereof will pay the City $3,000.00
`F liquidated damages, but such payment shall not be deemed j
1 and the City may take whatever ,
~ - approval of such occupancy
action necessary to restrain such occupancy. ..one lot
(b) That if this contract applies to a
development," as defined by City's Development Code, and no
a ment bond was required or submitted for the
performance or p y the Owner
E improvements that are to be dedicated to the public, y`
~ -
shall not be issued a Certificate of occupancy for any building
ng
constructed or located therein until all required public
i
I ~ improvements have been completed and accepted in accordance ;
3 .1
with this contract.
4. Covenants of City. That, upon proper completion of the
~ the City agrees I
Improvements in accordance with this agreement,
PAGE 8
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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
1 and court decisions of the State of Texas.
6. Successor and .assigns. This contract shall be binding
i
upon and inure to the benefit of the parties hereto, their
j respective successors and assigns.
I
Executed in triplicate this, day of 19 89
I
OWNER CGSTRACTOR i
DENTON EPENDENT CHOU DISTRIC'P SF'AW-GLASS GENERAL CONTRACTING , INC.
j
BY:
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V J BY: President
CITY OF DENTON, TEXAS
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BY -4A&e-~4
1
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_ ATTEST:
n F
RETARY
i APPROVED AS TO LEGAL FORM:
DEBRA ADA.MI DRAYOVITCH, CITY ATTORNEY
E BY:
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PAGE 9
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1379L
SSC BOND NO. 182634
^
AHAC BOND NO. 24809
PROJECT NO.
CONTRACT N0.
CONTRACTOR'S PERFORMANCE BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S CNOA' -ALL MEN BY THESE PRESENTS.
i That Spaw-Glass General Contracting, Inc,
j of 2120 Walnut Hill Lane, St. 100
Irving
f ; Texas hereinafter called "Principal" and Seaboard Surety Company
and American Horse Assurance Company
G a corpo-
ration organized under the laws of the State of New York
f
and authorized to do business in the State of Texas, hereinafter
i called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation in Denton County, Texas,
hereinafter called "City", and Denton Independent 1
School District
f
hereinafter called "Developer",
U in the penal sum of Two-Hundred Nineteen Thousand Five Hundred
Fort
No/100 _
i
Iaw ul money o t e Un to States, to a pat in-Benton ounty,
Texas, for the payment of which sum well and. truly to be grade,
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
as of the nt
_4
5 day of peiz_ 1g~ (the "Contract"),
# a copy of which is attached hereto and made ~a part hereof, for
i construction of Billy Ryan High School
C
I
e to servo ,
the City o Denton, Denton County, Texas; an Additf~n to
f f -
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XOir, THEREFORE, if the Principal shall sell, truly and
faithfully perform its duties, all of the undertakings,
covenants, terms, conditions and agreer.,ents of said Contract
during the original term thereof, and any extensions thereof
which nay be granted by the City and/or Developer with or
without notice to the Surety, and if he shall satisfy all claims
and demands incurred under such Contract, and shall fully
indemnify and save harmless the City and the Developer from all
costs and damages which each may suffer by reason of failure to
do so, and shall reimburse and repay the City 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
k _ naterials for or performing labor in the prosecution o the work
{ provided for in such Contract, and any authorized extension or
it modification thereof, them this obligation shall be void;
i otherwise to remain in Zull Force and effect.
_ PROVIDED FURTHER, that :f any legal action be filed upon
t
this bond, venue shall lie in Denton County, Texas, and the said
Surety, for value received hereby stipulates and agrees that no
f change, extension of time, alteration or addition to the terns
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
any such change, extension of time, alteration or addition to
the terns of the Contract or to the work or to the
specifications.
1
IN WITNESS WHEREOF, this instrument is executed in tripli-
cate, each one of which shall be deemed an original, this the
o25,9M! day of APRjc 19 .
} PRINCIPAL
i .
f Spaw-Glass General Contracting, Inc.
n BY:
E SEC (PRINCIPAL)
{ 2120 Walnut Hill Lane, St..100
Irving, 1?038
_ A toss I~ •
1
CONTRACTOR'S PERFORMANCE BOND/PAGE 2
F
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h'IT`'t S TO PR IC
s PAu/-4~~~E~L'EXilc. C~N~s+~7~tiG C'V~
/irax,, M Z. 0,38
lA ress
SURETY
Seaboard Surety Company
i
f + ` BY:
} A to ney- n act
Nancy R no
5750 Pineland Dr.. St. 304
r Dallas Texas 75231
ress
Amer] H e As ance Company
J3lohnsson s Higgins of Texas, Inc. Hy: _
Houston T10 Std 0 2200 Nor h GooptNesty St.f200
- ress Houston, Texas 77018
! NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT. ~
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s
CONTRACTOR'S PERFORWANCE BOND/PAGE 3
u
i
13,5L
SSC BOND NO. 132634
AHAC BOND NO. 24809
I
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PROJECT NO.
CONTRACT NO.
CONTRACTOR'S PAYAENT BOND
THE STATE OF TEXAS S
SNON ALL LIEN BY THESE PRESENTS:
` COUNTY OF DENTON S
That ` Spaw-Glass General Contracting, Inc.
L '
of 2120 Walnut Hill Lane, St. 100 Irving ,
Texas hereinafter called "Principal" andSeaboard Surety Company
t and American Home Assurance Company a corpo -
' ration organized under the laws of the State of New York t
and authorized to do business in the State of Texas, hereinafter
i _ called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation in Denton County, Texas,
hereinafter called "City", and Denton Independent
i
school District hereinafter called "Developer",
i
• 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 Two Hundred Nineteen Thousand
f Five Hundred Forty i No/100------------------ 219,540.00
lawful money of the United States, to be paid in Denton County,
Texas, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators and
r successors, jointly and severally, firmly by these presents.
i
THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the
Principal entered into a certain contract with Developer dated
! as of the day of 14PR/i-
19a, (the "Contract"),
1
1
N
a copy of which is attached hereto and mane a part hereof, for
construction of Billy Ryan High School
to serve
p an Addition to
the City 0-T-6enton, enton county, Texas;
y YOh', THEREFORE, the condition of this obligation is such
~s that, if the Principal shall promptly make paynent to all
claimants, as defined in Article 5160, Revised Civil Statutes of
Texas and all claimants as that terra is used in Article SJ72d,
Revised Civil Statutes of Texas, as recodified in Chapter 53,
Subchapter I of the Texas Property Code, supplying labor and
f materials in the prosecution of the work provided for in, said
I Contract, then this obligation shall be null and void, otherwise,
1i it shall remain in full force and effect.
r This Bond is made and entered into solely for the protection
,a 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 5260 Revised Civil Statutes and Article S472d, Revised
Civil Statutes, as recodified in Chapter S3, Subchapter I of the
Texas Property Code, as the case may be.
t
} PROVIDED FURTHER, that if any legal action be filed upon
i this bond, venue shall lie in Denton County, Texas. The slid
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
1 r specifications accompanying the same shall in any wise affect its
obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the city #
i
and/or Developer and the Principal shall abridge the right of I
any beneficiary hereunder, whose claim may be unsatisfied. j
IN WITNESS WHEREOF, this instrument is executed in tripli-
cate, each one of which shall be deemed an original, this the
day of 4~/4 14Z~L.
4
PRINCIPAL
Spaw-Gla a Gen ral ontracting, Inc.
F
~ Bys
i
CONTRACTOR'S PAYMENT BOND/PAGE 2
. E
SECRET. P INC I A BY:
2120 M51nut Hill Lane St. 100
Irvin Texas 75038
.address
WITNESS AS TO PRIM A
~/~0~ ~7t.ttJG Cfit CiBi~r ~T/.vFj bve.
(address)-'--
SURETY
Seaboard Surety Company
ECRE A Y U T BY:
act
5750 Pineland Dr., St. 304
Dallas, Texas 75231
i~
L~ r e s s
Q- C 1~ Aiae is H Ass ce C
gg 99 AS 0 ovpany
33 C1ay4Str tns o-- Texas, Inc. By= I
St, 100 u At
an orney-in-fact
kAUd) ress 220 Ho h Loop Meet, St. 200
Houston, Texas 77018 ;
r VOTE: POWER OF ATTORNEY OF SURETY MUST BE 1 MUST HOT BE PRIOR TO DATE OF CO~NTRACT~T~CHED, DATE OF 30YD
t
i
CONTRACTOR'S PAYMENT BOND/PAGE 3
i
0763L `
SSC BOND NO. 182634
AHAC BOND No. 24809
PROJECT NO.
{ CONTRACT NO.
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS 9
I <\ON ALL r1i;N BY THESE PRESENTS:
f r! COUNTY OF DENTON
i
i
That Spaw-Glass General Contracting, Inc., f
2120 Walnut Bill-Lane, St. 100, Irving, Texas 75038 !
of County, Texas, hereinafter called Principal
and _Seaboard Surety Company and American Roue Assurance Company
r
a Corporation organized under the arcs o the State o New York
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of
i { Dentin, Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City"in the penal sum of Twenty One Thousand
t
Nine Hundred Fifty Pour i No/100------------- 21,954.00 )
Dollars, lawful money o the Un to tates, the said sum being
ten percent (10x) of the total amount of the hereinafter men-
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.
THE Condition of this Obligation is such that:
j WHEREAS, the PrincVkhich entered into a certain contract with
Contractor, dated the day of /3a_ , 1997 , in
the proper performance the ty o Denton, Te as, has
an interest, a copy of which is hereto attached and made a part
hereof, for the construction of: f
y Billy Ryan High school
3
CONTEtACTOR'S MAINTENANCE BOND-PAGE ONE
1
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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 szttling, breaking, cracking or other
r 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
I period of this bond, which the city engineer, whose judgment
shall be final and conclusive, determines to be the result of
defective work, materials or labor; then this obligation shall
s 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.
f It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond
shall have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed,
l _ diminished, or in any manner affected from any cause during said
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
day of APR/4- 19.
f ~
PRINCIPAL SURETY ~
Spaw-Glass General Contracting, Inc. Seaboard Surety Company !I
BY: BY: `
- - A
Aaieric Ass ce Company #
gyt i .1 10~
! CONTRACTOR ~+INTENANCE B ND PAC T 0 fancy Ruano,
Attorney-in-fact
i
i
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
;j
ATTEST:
I RETARY
I ~
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4 ,1
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n
CONTRACTOR'S MAINTENANCE BOND-PAGE THREE
Certified Copy SEABOARD SURETY COMPANY J1J 9400
r
No. 10028 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, acorporation of the State of New York, has
made, constituted and appointed and by these presents does make, constitute and appoint R. Wm. Motherwell., Jr.
or Sandra L. Denny or Nancy'Ruano or Tommy Thomson or Sandra Parker
i
of Houston, Texas
its true and lawful Attorney-in-Fact, to make, execute and deriver on its behaq insurance polkfes, surety bonds, undeMkIngs and
other Instruments of sWar nature as follows' Without Limitations
Such Insurance policies, surety bonds, undertakin and instruments for sad ty gs purposes, when duly executed DY the aforesaid
Attorney-in-Fact, shall be binding upon the said Company.es fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact pursuant to the authority
hereby given, are hereby ratified and confirrl -
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect'
ARTfCLE VII, SECTION I.
'Potlctra, bonds, recopnltanrws, sttp lisons. consents of svrey, Ww w"" wtdeAakings end Uwumsnu routing DWI to.
In surancc pot,cies, bonds, recogn la noes. stipuutrons. consents of surety and undervniti ng w-4"%;ngs or the Com parry, and releases. aprcvments and other
wrNings relawfg on arty way thersio or to any clam or loss thereunder, shall be signed in the nan+e and on Well 01 rho Company
(al by the ChaNman of the Board, the Prosidant, aVice- President or a ResiderN Vica-Prosidenl"by the Sec rotary, an All ill ant Secretary, a ReI14"I
Secraf try or a Resident Ass ward Secretary; or {b) by on Ator Wit-Fact for the Company appointed and authoritad by the Chairman of "Board, the
Pfnident or a Vice-PresidMt it make such s:gnwwo or (C), by such other officers or represenlahves as Me Beard may from time 10 low determine
The Mal of tm Comtary shag it apprapriale be atiAed thereto by any such officer. A1110rryy-in400 or towliserualire."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duty attested by one of its Assistant Secretaries, this .1A.t.h....,.
dayof.... , ..September ,19.87
0awit"11; Attest: SEA17 $UR CA P
(Seat)s Q y+ Y
AsaNaM rw pycyi~y
STARE OF NEW JERSEY ss„
COUNTY OF SOMERSET
On this .14th......... day of .........eP.t.~?!?z...._................... , 19..._.8..7.., before me personalty appeared
..............Michael.. B.. Keegan a Vice-President of SEABOARD SURETY COMPANY,
with whom f am personally acquainted, who being by me duty sworn, said that he resides in the State of New..J.erS.ey....,-
_ _ that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described In and whlch executed the foregoing
Instrument; that roe knows the corporate seal of the sad Company; that the seal affixed to slid instrument Is such corporate seal;
that it was so affixed by order of the Board of Di rectors of said Company; and that he signed his name thereto as Vice-President of
sold Company by like authority.
FELICE M. CATALANO
(Seal) NOf11RY PUBLIC OF NEW JEASFY Notary Puttic
My Colttrnaslm F.sp, June 4, 1991 C E R T I F I C A T E
I, the undersigned AssistuN Secretary of SEABOARD SURETY COMPANY do hereby certify tlut the original Power of Attorney of iii it* loragokV is
a sue, true and correct copy. is M face fora"effoc l on the date or fhls Certiricatl and Ida furNer certify Ihu the Pico-Pre:JCeM w0fo exacuud the sad Pawsror
Attorney was brie of the Otfiars authorized by tN Board of Directors to appoint on attorney-lit-lad as provided In Adide VII, Section 1. of the By-LM of
SEABOARD SURETY COMPANY.
This Carti6cale may be signed and seated by facsimile under and by avthonty of 04 lorioiring resoM;on of the Erecvtive COnwrAllas of bra Board of
Dusdors of SEABOARD Sl1RETY COMPANY at a meeting duly called and hold on we 250 day of March 1970.
'RESOLVED, 121 That this use of a printed facsimile d ft corporate aertl of the Company and of Via s4riaftra of an Aabtnt secretary on any
certification of 04 earracrrtasa of a copy Men lnsirwnent executed by the Ptesident or a Via-Proidant pursuant to Adk%VII, Secitim 1, of this By-Laws
appoortinp and aWhoriziria in attorney-in48cl to a%gn in Vw name and on bNhall d t it Cc-ofany surety bonds, widsrw 4V wtdartakkys of odw
k strurnents described in said Artless Vil, Section 1. with like affect as A such seal and rich tonal" had bw rrUnualfy afnxsd and made, hereby is
• authorized and approved.'
IN WITNESS WHEREO hereunto set my has and fffixed the corpor life seal of~llgCompany to presents ftif
cur , day of C.i........__.........._._..__. ,19....4.`.1..
• as
1lt7
,7M roe` Assistant Seuetary
Foray 167 (Rev I'"
for venrcabon of the a.rthi h!l d ,,f INS Power of AlWrney yr.,u rray call. Lorect, 201 65a-,95oo and a;k for the Po,r^r of Attorney Clerk Please refer to the Power
of Allornoy numbe> the stove naneC ndviduagsi And details 0 the bolh4 t_, whmh the poA,, r is attachieJ ii, ric'vr Y, ~ P. D ai 212-627-6444
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EXHIBIT 'A'
i ^ Proposal for Public Improvements "(both On-site and Off-site) extracted from the
,j bid for the total site improvements.
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Quantities are not guaranteed. Final Payment will be based on actual
quantities.) j
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1I1-1 123 L.F. 6" Water Main @
- Twelve Dollars and
f Fifty-four Cents per L.F. $ 12.54 $ 1,542.00
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III-2 18 L.F. 6" D.I. Pipe, Class 51, Water {
i Main @
ve
Twelve Dollars and f
1
$
4 Fifty-four Cents per L.F. $ 12.54 226.00
III-3 2904 L.F. 8" Water Hain @
Thirteen - Dollars and EE
Fifity-nine Cents per L.F. $ 13.59 $ 39,465.00.
II1-4 54 L.F. 8" D.I. Pipe, Class 51, Water
!fain @
Seventeen Dollars and
Seventy-seven_ Cents per L.F. $ 17.77 $ 959.00
III-5 2150 L.F. 10" Water Main @
Sixteen Dollars and
Seventy-two Cents per L.F. $ 16.72 $ 35,948.00
111-6 106 L.F. 10" D.I. Pipe, Class 51, Water
Main @
Twent -six Dollars and
Thirteen Cents per L.F. $ 26.13 $ 2.769'00
III-7 3.90 Tons C.I./D.I. Water Main Fittings
@ -Two Thousand, Six Hundred
_ Twelve Dollars and
Fifty Cents per Ton $2,612.50 $--Loa 189.00
I
r- I11-8 12 Each 6" Gate Valve b Box @
Four Hundred
Eighteen Dollars and `
No _Cents per Each $ 418.00 5,016.00
.j * The Public L. ravermts referred to above are further identified as the Public
portions o the c Turk included as a part of Bid Package "A", dated -Apr-9-4,
1989, of the Billy Ryan lii~~h School, said docuriernt is hereby incorporated as a
part of this Contract as if fully set out herein verbatin. All work is to be
perfonned in accordance with the contract dmrrmts of said project and all
I supplmmtary conditions and modifications thereof.
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1 4 Each 8" Gate Valve 6 Eex @
Six Hundred -
_ Twenty-seven Dollars and
NO Cents per Each $ 627.00
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1II-10 3 Each 10" Gate Valve d Box
p One Thousand
Forty-five Dollars and
0 Cents per Each
$1,045.00 $ 3,135.00
r III-11 10 Each Fire Hydrant @
Seven Hundred-
ESRhty-three Dollars and
Seventy-five Cents per Each $ 783.75
$ 7,838.00
QQ I
1II-12 2 Each b" Detector Check Valve 1
Assembly 6 Conc. Vault @
Six Thousand Seven Hundred
s nety-two Dollars and
Fifty Cents per Each $6,792,50 ; 130585.00
III-13 7 Each 2" Eater Meter Assembly and
Meter Box @
Five Hundred
Twenty-two Dollars and
Fifty Cents
per Each S 512.50 3,658_00
III-14 I Each 3" Master Meter Assembly and
Vault @
One Thousand
Fort-five Dollars and
No Cents
E per Each $1,045.00 $ 1,045.00
III-15 I Each 4"
Master Meter A
@ ssc
Vault ably and
One Thousand, Two Hundred
- Fifty-four boilers and
1`0-iCants per Each $1,254.00
~ $ _ 1,234.00
III-16 127 L.F. 2" Copper Service Tube @
1 Fifteen Dollars and
Sixty-eight Cents '
- per L.F. $ 15.68 $ 1,991.00
9_100
III-17 56 L.F. 3" D.I. Pipe, Cl. 51 water
Service @
Ten Dollars and
For Cents per L.F. $ 10.45 $ 585.00
III-18
4 L .F. 4f, D. 1. I Pipe, Cl. 51 Water
Service @
Fifteen Dollars and j
Sixty-eight Cents per L.F. S 15.68 {
63.00
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PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
III-23 68.68 L.F 10" PVC (SDR 35) San. Sewer,
Hain, Excluding Trench Excav.
b Backfill @ _
Nine Dollars ard
Y Forty-one Cents per L.F. ; 9.41 $ 834.48
III-24 130 L.F. 10" D.I. Pipe, Class 51, San.
Sewer Main, Excluding Trench
= Excav, & Backfill @
i Twenty Dollars and
i Ninety Cents per L.F. $ 20.90 $ 2,717,00
111-25 20 L.F. San. Sewer Pipe Trench Excav.
b Backfill, 01-6' Deep @
Seven Dollars and
Thirty-two Cet.;s per L.F. $ 7.32 $ 146.40
5 r- -
III-26 9U L.F. San. Sever Pipe Trench Excav,
6 Backfill, 6'-8' Deep @ I
Seven Dollars and
Thirty-two Cents per L.F. S 7.31 $ 658.80
III-27 45.68 L.F. San. Sever Pipe Trench _ ipe Tench Excav.
6 Backfill, 8'-10' Deep @_
Nine Dollars and
Forty-one Cents per L.F. ; 9.41 $ 429.85
III-31 1 Each Std. 4' Dia. Sanitary Sewer
Manhole, Comp. in Place @
One Thousand, Forty-five
}
Dollars and
No Cents per Each $10045.00 $ 1,045.00
III-32 4 L.F. Extra Depth over 6' for San.
Sever Manhole @ One Hundred
Four Dollars and
Fifty Cents per L.F. $ 104.50 $ 418.00
I III-33 60 L.F. Concrete Encasement for Water
- and Sever Main @
Twenty Dollars and
Ninety Cents per L.F. $ 20.90 $ 1,254.00 f
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' PAY APPROX- DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
I1I-34 43 L.F. Bore and Casing for 10" San.
r Sever, Excluding D.I. Pipe
@ One Hundred _
Eighty-two Dollars and
Eight-eight Cents per L.F. S 182.88 $ 7,864.00
#
III-35 2516 S.F. 8" MAC Pavement Removal and
Replacement @
Two _ Dollars and
` - Nine Cents per S.F. $ 2.09 $ 5,258.00
II I 1 ,
I ! III-36 Lump Sum Trench Excavation Safety and
I Protection for Unit III Water i
f t 6 San. Sever Improvements per
- Specs & OSHA Requirements @_
Two Thousand, Seven Hundred I
I S•:venteen Dollars and 1
Cents per L.S. S L.S. $ 2.717.00
SUBTOTAL UNIT III - PUBLIC WATER
& SANITARY SEWER IMPROVEMENTS
(Except those in Unit VI): $ 158,254.00
IV-1 Lump Sum Demolition of Exist. 6' x 4'
Box Culvert & Headwalls 0
One Thousand, Two Hundred
Fifty-two Dollars and
j No cents per L.S. $ L.S. $__1,252.00
IV-2 63 L.F. Single 9' x 6' Box Culvert
Q Two Hundred
Sixty-one Dollars and
Twenty-five Cents per L.F. $ 261.25 $ 16,459.00
IV-3 2 Each Parallel Wingwalls (2), Hdwl.
& Apron for Single 9' x 6'
Box Culvert @ Two Thousand {
Two Hundred
Ninety-nine Dollars and
No Cents per Each $_2,299.00 $ 41598.00
IV-4 220 L.F. 27" RCP (Class lli) @
Thirty-five Dollars and
One Cents per L.F. $ 35.01 $ 7,702.00
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IV-5 1 Each 36" x 36" Cast-in-Place Catch
Basin w/Traffic Grate and 18"
Conc. Apron @ Eight Bundred
w Eighty-eight Dollars and r
Twenty-five Cents per Each $ 888.25 S 888.00
IV-6 35 L.F. 42" RCP (Class III) @
Fifty-six Dollars and
IMF Thirty-three Cents per L.F. $ 56.33 $ 1,971.00
I
IV-7 128 S.Y. 6" Thick Reinf. Conc. Riprap
w/18" Toe Wall @
Twenty Dollars and r
Forty-eight Cents per S.Y. $ 20.48 $ 2,622.00
f 11
l " IV-8 620 S.F. 2" hKAC Pavement w/Flex Base,
} Remov. L Replac. @
One Dollars and
Fifty-seven Cents per S.F. $ 1.57 $ 972.00
~ rM
i IV-9 Lump Sum Off-site Earthen Channel @
@ One Thousand, Three Hundred
Seventy-nine Dollars and
No Cents per L.S. $ L.S. $ 1,379.00
IV-10 Lump Sum Repair, Replace and Recon-
struct Private Drive @
Three Hundred
Forty-five Dollars and r
` No Cents per L.S. $ L.S. ; 345.00 E+
IV-11 87,5 L.F. Guard Rail, includ. Turn Down
Sections @
Twenty-two Dollars and
Ninety-nine Cents per L.F. S 22.99 S 2,012.00
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IV-12 Lump Sum Tecporary Detour Road,-Sign-
ing, Drainage, etc. for E.
I McKinney @ Ten Thousand
Nine Hundred, Seventy-three
Dollars and
- No Cents per L.S. $ L.S. _ S 10,973.00
IV-13 48 S.Y. 4' Wide Concrete Sidewalk
i W/Ramps (Along E. 1fcXinney)
Sixteen Dollars and
i @
Forty-six _Cents per S.Y. S lb.4b S 140.00
I S
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IV-14 62 S.Y. 18" Thick (12" Nom. Diameter
f
Rock), Dry (Non-grouted) Rock
Rip-Rap for Erosion Control
S Twenty-eight Dollars and
E'} Seventy-four Cents per S.Y. $ 28.74 $ 11782.00
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t~ IV-15 Lump Sum Trench Excavation Safety and
Protection for Unit IV Off-
Site Drain. Imprvs. (South)
s ►s Per Specs 6 OSHA Requirements
@ Seven Hundred
Eighty-four Dollars and
No Cents per L.S. $ L.S. $ 784.00
SUBTOTAL UNIT IV - OFFSITE PUB.
DRAIN. IMPROVEMENTS (SOUTH): $ 54,529.00
V-5 Lump Sum 8" hKAC Pavement @
Six Thousand, Four Hundred
Fourty-two Dollars and
A'o Cents per L.S. $ L.S. $ 6,442.00
V-6 335 S.Y. 6" Lime Stab. Subgrade @
No Dollars and
Ninety-four Cents per S.Y. $ 0.94 $ 315.00
RECAPITULATION OF PUBLIC IMPROVEMENTS ONLY 1
Unit I, On-Site Grading $ 0.00
Unit 11. On-site Drainage $ 0.00
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Unit III, Water 4 Sewer $ 158,254.00
1 Unit IV, Off-Site Public
! Drainage (South) $ 540519.00
Unit V, On-Site Conc. Paving $ 6,757.00
TOTAL AMOUNT PUBLIC IMPRVS. $ 219,540.00
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21931
PROJECT NO. +tewpq•o1
CONTRACT NO.
THE STATE OF TEXAS S
DEVELOPMENT CONTRACT
COUNTY OF DENTON S
Y'.
Whereas, 5'tE4lflti/!!l1RllY~1Ra:
hereafter referred to as "Owner," whose business address is
1
! 1516 Pertain, Denton, Tx
1
I is the owner of real property located in the corporate limits
{
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
! development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
"City"; and
I
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,
I
hereafter referred to as "Improvements," are constructed in
accordance with the City's specifications, standards and
ordinances; and
[select applicable provision as follows)
Whereas, the Owner elects to construct the Improvements
3
! I without contracting with another 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
PAGE 1
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I xxx Whereas, the owner elects to make such Improvements
~I
hereafter set forth by contracting with SUNCREST BUILDERS
CROUP, INC. , whose business address is
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604 N. Bell Ave., Denton, Tx 76201 , hereafter
3
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 1
City, become public property, are properly constructed in i
accordance with the City's specifications and that payment is
I
made therefor; f
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 Utility easement
connecting lot 1, block A. Richter Additionto sewer system at
1
Boyd Street,
the Owner, Contractor and City, In consideration of their mutual
f
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
and standard contained in Division If and III of the City's
Standard Specifications for Public Works Construction, North
I
Central Texas, as amended, and all addenduas thereto, and all i
other regulations, ordinances or specifications applicable to
1
3 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 {
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 t
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
materials used without suitable inspection by the City may be
F 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
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
i +
f 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
!i specifications.
2, Mutual Covenants of Owner and Contractor. Owner and i
f
Contractor mutually agree as follows: !
Escrow Agreement. That if ~
J (a) Performance Bonds;
t 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 (i) a performance bond in an amount not less
than the amount necessary to complete a Cite
Improvements, as determined by y
! Engineer, shall be submitted guaranteeing
the full and faithful completion of the
i
PAGE 4 j
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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 $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.
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(b) Payment Bond; Assurance of Payment. That prior to
! +
acceptance of the Improvements: ~
(1) a payment bond will be furnished in an j
A 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, t
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(ii) if the total contract amount of all
Improvements is 5500000 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 s
accordance with (i) above, Owner and
Contractor agree and guarantee that any and
all debts due to any person, firm or
j 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
I acceptance of the Improvements, the Owner
and Contractor shall furnish a written
affidavit, in a form provided by the City
PAGE 5
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Engineer, stating that all bids, charges,
accounts or claims for labor perforaed and
material furnished in connection with the
construction of the Improvements have been t the leased in
recorded and liens fil d aagainstunthe
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 p the
labor on, or supplied material for,
construction of the improvements, and, when ;
requested, written statement from any or
subcontractors suppliers they have been paid in full.
each of such 1
I (c) tgawi_Final Payments. (This provision (c)
~ Re
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
n ten percent of the total dollar amount of the contract
iI refs!
E price until after final approval or acceptance of the
f the City. The Owner shall thereafter pay the
improvements by ~
Contractor the retainage, only after Contractor has furnished
,I
{ to the Owner satisfactory evidence that all indebtedness
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connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied. al
(d) Encumbrances. That upon completion and approy ;
f 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, 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 r
E i
of the City, to insure payment of such claim, lien, charge or
encumbrance. j
(e) Maintenance Bond. That prior to approval or
acceptance of the Improvements by the City, to furnish a
maintenance bond in fora and substance acceptable to the City,
I in the amount of ten percent (10%) of the contract amount of
the Improvements, insuring the repair and replacement of all
i
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
surety company authorized to do business in the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
i
i 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
(F PAGE 7 ,
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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.
(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 i
construction of the Improvements.
3. Occupancy; One Lot Developments. Owner further agrees
I
J~ as follows: i
! (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 f
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
i improvements have been completed and accepted in accordance
with this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
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+1
'Mal
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.
I
6, Successor and Assigns. This contract shall be binding `
f ~ is
upon and inure to the benefit of the parties hereto, their °
t respective successors and assigns.
Executed in triplicate this, day of'
19~ +
I OWNER If
CONTRACTOR
BY: f~ BY:
*IEONV/~mARY RICHTER SUNCREST BUILDER'S GROUP, INC.
CITY OF DENTON, TEXAS
i
` BY: 4.
I f
ATTEST: ~ s.
I ~ R
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY,,.
I BY:
PAGE 9
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