HomeMy WebLinkAbout2000-040ORDINANCENO a0W_0510
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
LENNOX OAKS -II, L P FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF
WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City desires to participate in the cost of oversizing water mains to be
designed, installed, and constructed by Lennox Oaks -II, L P in an amount not to exceed Twenty
Thousand Two Hundred One Dollars and Eighty -Four Cents ($ 20,201 84), in accordance with
§34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas and TEX LOC GOV'T
CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SSECTION 1 That the City Manager is authorized to execute a Water Main Cost
Participation Agreement Between the City of Denton and Lennox Oaks -II, L P for the
oversizmg of approximately 3,062 linear feet of eight (8") inch on -site water main to a twelve
(12") inch water main, substantially in the form of the attached Agreement, which is
incorporated herewith and made a part of this ordinance for all purposes, subject to Lennox
Oaks -II, L P , entering into a Development Contract with the City of Denton, in accordance with
Chapter 34 of the Code of Ordinances of the City of Denton, Texas
SECTION 2 That the City Manager is hereby authorized to make the expenditures as
set forth in the attached Agreement
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the L day of2000
JAqg,WLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
%L�� W
By
S \Our Documents\Ordinances\99\Water Main Cost Pancctp Agrmt Lennox Oaks II ord doe
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND LENNOX OAKS -II, L P
WHEREAS, Lennox Oaks -II, L P hereafter referred to as "Developer", whose
business address is 6116 North Central Expressway, Suite 1313, Dallas, Texas 75206 wishes
to develop and improve certain real property named "OAKMONT" (as shown in Exhibit I,
attached hereto and incorporated herein by reference), located in the City of Denton, Texas or
its extratemtonal jurisdiction, and is required to provide such real property with adequate
capacity by designing, constructing and installing a water line of an inside diameter of eight
inches (8"), hereafter referred to as the "Required Facilities", and
WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices
located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City,' in
accordance with its ordinances, wishes to participate in the cost of the construction and
installation of said water main to provide for an "oversized" water main to expand its utility
system and insure adequate utility service to other customers,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein the Developer and the City AGREE as follows
1 Developer shall design, install, and construct approximately 3,062 linear feet of
twelve (12") inch water mains and all necessary appurtenances thereto, hereafter referred to
as the "Oversized Facilities" as shown on Exhibit I, attached hereto and incorporated herein
by reference
2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter into a Development Contract prior to beginning of construction of the
Oversized Facilities This Development Contract is attached hereto as Exhibit II and
incorporated herein by reference This Agreement is subject to and governed by said
Development Contract and any other applicable ordinances of the City of Denton, Texas
3 Prior to beginning of construction of the Oversized Facilities, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements
The easements, deeds, and plats therefor obtained by Developer shall be reviewed and
approved as to form and substance by City prior to the beginning of construction If
Developer is unable to acquire needed easements, Developer shall provide City with any
requested documentation of efforts to obtain such easements, including evidence of
negotiations and reasonable offers made to the affected property owners Any easements for
the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in
City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title
to such easements and will defend City against any adverse claim made against such title
4 City's share in the cost of the Oversized Facilities Based upon the difference in
the cost of installing Required Facilities, as determined by City, and the cost of the Oversized
Facilities, as determined by City, shall be in an amount not to exceed Twenty Thousand Two
Hundred One Dollars and eighty-four Cents ($20,201 84) City may elect one of the
following methods to determine City's share of the cost
a) Developer shall prepare plans and specifications and furnish them to City City shall
competitively bid the required line and the Oversized Facilities in accordance with
Chapter 252 of the Texas Local Government Code The difference in the bids shall be
used to determine the City's share, subject to City's maximum participation in cost as
specified in this Agreement, or
b) Developer shall prepare plans and specifications and take bids on the required line and
the Oversized Facilities City shall pay Developer the least amount of the following
(1) The difference in the bids for the required line and the Oversized Facilities, or
(2) Thirty percent (30%) of the bid on the Oversized Facilities as provided for in
§212 072 of the Texas Local Government Code or
(3) $20,201 86, the maximum participation cost allowed herein
The City shall not, in any case, be liable for any additional cost because of delays in
beginning, continuing, or completing construction, changes in the price or cost of materials,
supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface,
or other site conditions, differences in the calculated and actual per linear feet of pipe or
materials needed for the Oversized Facilities, Developer's decision as to the contractors or
subcontractors used to perform the work, or any other reason or cause, specified or
unspecified, relating to the construction of the Oversized Facilities
5 The City will make monthly payments for its share of the Oversized Facilities
The Developer shall submit monthly pay requests on forms provided by the City The
Developer's engineer shall verify that each pay request is correct Each pay request, along
with the engineer's verification, shall be submitted to the Engineering & Transportation
Department of the City The City will retain 10% of the total dollar amount until the project
is accepted Payment by the City to the Developer will be made within thirty (30) days of
receipt of the pay estimate and the engineer's verification
6 To determine the actual cost of the Oversized Facilities, City shall have the right
to inspect any and all records of Developer, his agents, employees, contractors or
subcontractors, and shall have the right to require Developer to submit any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities
7 All notices, payments or communications to be given or made pursuant to this
Agreement by the parties hereto, shall be sent to Developer at the business address given
above and to the Assistant City Manager for Utilities for City at the address given above
8 Developer shall indemnify and hold City harmless from any and all claims,
damages, loss or liability of any kind whatsoever, by reason of injury to property or person
occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents,
employees, invitees, contractors or other persons with regard to the performance of this
Agreement, and Developer shall, at its own cost and expense, defend and protect City against
any and all such claims and demands
9 If Developer does not begin substantial construction of the Oversized Facilities
within twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall terminate
10 This instrument embodies the entire agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contained or incorporated
herein This Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement
11 This Agreement shall not be assigned by Developer without the express written
consent of the City
12 Any and all suits for any breach of this Agreement, or any other suit pertaining
to or ansmg out of this Agreement, shall be brought in a court of competent jurisdiction in
Denton County, Texas This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas
EXECUTED in duplicate original counterpart by the duly -au ho ized officials and officers
of the City and the Developer, on this the / St day of
2000
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
QI
MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
V
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
'�
By
-
"DEVELOPER"
LENNOX OAKS -II, L P
By
ATTEST
S \Our Documents\Contracts\99\Water Main Parocip Agrmt Lennox Oaks -II LP doc
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Engmeeddavelopmenmonnaet
PROJECT NO .a U
CONTRACT NO 3y
THE STATE OF TEXAS §
COUNTY OF DENTON §
Whereas, Lennox Oak II, L.P.
hereafter referred to as "Owner," whose business address is 6116 N. rantral Ek,7 E,
Suite 1313, Dallas, Texas 75206
is the owner of real property located in the corporate limits of the City of Denton, or its
extratemtonaljunsdiction, 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 in accordance with Section 212 071 of the Local Government Code is
required to ensure that all streets, water and sewer lines, drainage facilities and other
improvements which are to be dedicated to the public, hereafter referred to as "Improvements,"
are constructed in accordance with the City's specifications, standards and ordinances, and
[select applicable provision as follows]
PAGE
EXHIBIT 11
Engimuldewiopmmtontma
u Whereas, the Owner elects to construct the Improvements without contracting with
another party as prime contractor, in which case the provisions of this contract which refer to
"Owner" or "Contractor" shall mean the Owner as named above, or
= Whereas, the Owner elects to make such Improvements hereafter set forth by
contracting with Pate Brothers Construction, Tnn
whose business address is 780 West Mansfield Highway, Kennedale, Texas 76060
hereafter referred to as "Contractor", and
Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the
Improvements subject to this agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in accordance with the City's
specifications and that payment is made therefor,
WITNESSETH
As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached
hereto and incorporated by reference, to be installed and constructed at Oakmont I2. Section 1,
5000 State School Rd, 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 tnstall the Improvements in accordance with
PAGE
Engineer/developmentcontmet
the procedures, specifications and standards contained in Division II and III of the Citv's
Standard Specifications for Public Works Construction North Central Texas, as amended, and
all addendums thereto, and all other regulations, ordinances or specifications applicable to such
Improvements, such 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 Owner and
Contragtors Warranty That all work on the Improvements shall be performed in a good and
workmanlike manner and to the satisfaction of the City Engineer or his representative The City
Engineer shall decide all questions, which anse as to the quality and acceptability of materials
furnished, work performed, and the interpretation of specifications Guarantee for a period of
one year from the date of final acceptance all work as called for in the specification and contract
documents to be free from defects in materials and workmanship Owner, contractor and their
surety as the case may be shall remedy any such defects m materials and workmanship and pay
for any damage to the work or to other work guarantee for a period of one year from the date of
final acceptance all work as called for in the specification and contract documents to be free from
defects in materials and/or facilities which shall appear within one year from the date of final
completion and acceptance by the City
The Contractor shall furnish the City Engineer or his representative with every
reasonable facility for ascertaining whether or not the work performed was in accordance with
the specifications applicable thereto Any work done or materials used without suitable
PAGE
Engineedde9elopmenton=
inspection by the City may be ordered removed and replaced at Contractor's expense The
Owner, the Contractor and their surety on the performance bond shall and do hereby warrant and
guarantee for a period of one year from the date of final acceptance all work as called for in the
specification and contract documents to be free from defects in materials and workmanship
Owner, contractor and their surety as the case may be shall remedy any such defects in materials
and workmanship and pay for any damage to the work or to other work or facilities which shall
appear within one year from the date of final acceptance by the City
The City Engineer or lus designee shall perform periodic inspections of the work
and shall perform a final inspection prior to the work being turned over to the City and an
inspection 30 days prior to the expiration of one year from the date of final completion and
acceptance of the work by the City Upon failure of the Contractor to allow for inspection, to test
materials famished, 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
(c) Insurance To provide for insurance in accordance with the insurance
requirements applicable to contractors as provided for in Item 126 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
PAGE 4
e
Engmeeddevelopmenmontmd
provision only, "Owner," as used therein, shall mean the City of Denton
(d)Means and Methods of Construction That the means and methods of
construction shall be such as Contractor may choose, subject, however, to the City's tight to
reject any Improvements for which the means or method of construction does not, in the
judgment of the City Engineer, assure that the Improvements were constructed in accordance
with City specifications
(e) Books and Records All of the Owner's and the Contractor's books and other
records related to the project shall be available for inspection by the municipality
2 mutual Covenants of Owner and Contractor Owner and Contractor mutually agree as
follows
(a) Performance Bonds 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
(i) The Owner or Developer shall provide a performance bond in an amount
not less than the amount necessary to complete the Improvements, as
determined by the City Engineer, shall be submitted guaranteeing the full
and faithful completion of the Improvements meeting the specifications of
the City, shall be in favor of the City, and shall be executed by a surety
company authorized to do business in the State of Texas in accordance
with Chapter 2253 of the Texas Government Code The Owner and his
Contractor shall assign any and all rights in the bond to the City at the
time the improvements are transferred to and accepted by the City
(tl) If the cost of completing the improvements at the time building permits
are issued is an amount of $15,000 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 or escrow agent pursuant to an escrow agreement ensuring
PAGES
Engmar/developmemeonaac[
completion of the improvements without exception, the City's escrow
agreement form shall be used and the escrow agreement shall remain in
effect for one year from the date of final completion and acceptance of the
work by the City
(b) Retainaae Final Payments [This provision (c) applies only where the Owner
and Contractor are not the same parry ] That as security for the faithful completion of the
Improvements, Contractor and Owner agrees that the Owner shall retain ten percent of the total
dollar amount of the contract price until after final approval or acceptance of the improvements
by the City The Owner shall thereafter pay the Contractor the retainage, only after Contractor
has furnished to the Owner satisfactory evidence including Owners affidavit that all indebtedness
has been paid, 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
(c) Encumbrances That upon completion and approval or acceptance of the
Improvements of the City, the Improvements shall become the property of the City free and clear
of all liens, claims, charges or encumbrances of any kind If, after acceptance of the
Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor
shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in the amount of such claim, lien,
charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or
encumbrance
PAGE
Engineer/developmenwontraet
(d) Indemnification The Owner shall and hereby does indemnify, defend and save
harmless, the City, its officers, agents and employees from all suits, actions or claims of any
character, name and description brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the operations of the Contractor, his
agents, employees or subcontractors, or on account of any negligent act of fault of the
Contractor, his agents, employees or subcontractors in construction of the improvements, and
shall pay any judgment, with costs, which may be obtained against the City growing out of such
mjury or damage
(e) Agreement Controlling That the provision of this agreement shall control over
any conflicting provision of any contract between the Owner and Contractor as to the
construction of the Improvements
3 Covenants of City That, upon proper completion of the Improvements in accordance
with this agreement, the City agrees to accept the Improvements
4 Venue and Governing Law The parties herein agree that this contract shall be
enforcqable 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
S Successor and Assigns This contract shall be binding upon and inure to the benefit of
the parties hereto, their respective successors and assigns
PAGE
EogmmWdavdoVmwwmw=
Executed in triplicate this, 2 3 day of 7:7-Z c tz 19-2 9
LENNOX OAR II, L.P.
BY: LENNOX INVESTMENTS, INC.
GENERAL PARTNER
BY.
LLOYD D. BLAYLOCP.
PRESIDENT
ATTEST
APPROVED AS TO LEGAL FORM*
HERBERT L. PROUTY, CITY ATTORNEY
BY.
PATE BROTHERS CONSTRUCTION
CITY OF DENTON, TEXAS
BY -
MANAGER
PAGE
AAA046FD
THE STATE OF TEXAS §
COUNTY OF DENTON §
PROJECT NO -iS _C=
CONTRACT NO Uyv
BOND
Bond #8155-24-96
KNOW ALL MEN BY THESE PRESENTS
That pate Brothers Construction, Inc , 780 W Mansfield Hwy ,
Kennedale, TX. 76060
of Tarrant
County, Texas,
hereinafter called
Principal and
Federal Insruance
Company, 15 Mountain
View Road, Warren, NJ
07059
a Corporation organized under the laws of the State of Indiana
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called "City" in the penal sum of Six Hundred & Twenty -Two Thousand, Four
Hundred and Seventeen Dollars and 06/1
Dollars, lawful money of the United States, for the payment of which
sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally,
and firmly by these presents
THE Condition of this Obligation is such that,
WHEREAS, the Principal entered into a certain contract with
Owner, dated _;23 the day of :Vu , 19988_, in the
proper performance of which the City o�on, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of
Utility Construction at Oakmont II, Section 1 in Denton, TX
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed and fulfilled all of the
undertakings, covenants, terms, conditions, and agreements of said
Contract in accordance with the Plans, Specifications, and Contract
Documents during the original term thereof, and any extension
thereof which may be granted, with or without notice to the surety,
PAGE ONE
and during the life of any guaranty required under the Contract,
which is incorporated, as if written word for word herein, and shall
also well and truly cause to be performed and fulfilled all the
covenants, terms and conditions and agreements of any and all
authorized modifications of said Contract that may hereafter be made
including, without limitation, to remedy and pay for any defects in
material and workmanship or damage to other work or facilities which
shall appear within one year from the date of final completion,
notice of which modifications to the surety being hereby waived,
then this obligation shall be void, otherwise to remain in full
force and effect
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County
AND, that said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition
to the terms of the contract, or to the work performed thereunder,
or the Plans, Specifications, Drawings, etc , accompanying the same
shall in 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
to be performed thereunder.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the 121 day of
`_a , 19 98
PRINCIPAL SURETY
Pate prothers Construction, Inc. Federal Insurance Company
BY BY
DouglaN Bisballe, Vice -President ATTORNEY- IN- FACT Roy E. Simmons
ATTEST
SECRETARY
NOTE POWER OF ATTORNEY OF SURETY MUST BE ATTACHED DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF
ATTORNEY CERTIFICATION MUST NOT BE PRIOR TO DATE OF CONTRACTOR
BOND
PAGE TWO
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESSWHEREOF, the said Principal and Surety have
signed and sealed this instrument this Z 3 day of J-v4-7
19 98
Pate Brothers Construction, Inc.
Principal
/ /,-
By (�`4"
Douglas isballe,Vice-Prea en
Title
Address:780 W. Mansfield Hwy.
Kennedale, TX. 76060
(SEAL)
Federal Insurance Company
Surety
&4_4 -
o1i y�immons, ttorney- n- acr-
Title
Address: 19221 IH-45 South, Ste 550
Conroe, TX. 77385
(SEAL)
The name and address of the Resident Agent of Surety is:
Chubb Companies
1445 Ross Ave., Ste. 4200, Dallas, TX TX — I5202 _----- _ — -
AAA0184D
Rev. 07/28/94
PB - 4
STATE OF TEXAS
COUNTY OF DENTON
E
E
Bond #8155-24-966
Iv -2b
38b
KNOW ALL MEN BY THESE PRESENTS: That Pate Brothers Construction, I
of the City of Kennedale
County of Tarrant , and the State of Texas
as principal, and _Federal Insurance Company
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto Lennox Oak II, L P
OWNER, in the penal sum of
Si undred & T'j�u,,7e,ntp-Two Thh , our un red
a u� "Intern DOl atY; and Og%��------------------- Dollars ($Sa22.417 06--- )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the _2,1_ day of
19 98--
for utility construction at Oakmont II, Section 1 in Denton, TX
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB-3
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ 07059
Telephone (908) 903-2000
Fax No (908) 903-3656
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and
appointed, and does hereby constitute and appoint Roy E. Simmons, Scott D Chapman, Donna Heckmann
Lee and Elaine Lewis of Conroe, Texas -----------------------------------------------
each its true and IawfulAttomey-In Fact to execute undersuch designation in Its name and to affix Its corporate seal to and dellver
for and on Its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit
1 Bonds and Undertakings (other than Bail Bonds) filed In any suit, matter or proceeding in any Court, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking
2 Surety bonds to the United States of America or any agency thereof, including those required or permitted under the
laws or regulations relating to Customs or Irdemal Revenue, License and Permit Bonds or other indemnity bonds
under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public
or private, bonds to Transportation Companies, Lost Instrument Bonds, Lease Bonds, Workers' Compenestion Bonds,
Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public
officials
3 Bonds on behalf of contractors In connection with bids, proposals or contracts
In Witness Whereof, the saldFEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to
be signed by its Vice President and Assistant Secretary and Its corporate seal to be hereto affixed this 21 st
day of January 19 98
Apglstgnt Secretary
STATE OF NEW JERSEY 1 as
County of Somerset J
FEDERAL INSURANCE COMPANY
BY
l Firink Robe on
s Vloe President
On this 21 t day of January 1998 , before me personally came Kenneth C Wendel to me known and by
me known to b�Aeaistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described In and which executed the
foregoing Power of Attorney, and the said Kenneth C Wendel being by me duly swom, did depose and say that he is Assistant
Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing
Power of Attorney Is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed
Bald Power of Attorney as Assistant Secretary of said Company by like authority, and that he Is acquainted with Frank Robertson
and knows him to be the Vioe President of said Company, and that the signature of said Frank Robertson subscribed to said
Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws
and in deponelht's presence,
Notarial Seal
Acknowledged and Sworn to before me
NoTMY s i on he date above?Wn
E Fueuc �
NawjEaL``e�
ofary Public
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE
Fain 161"183 (Ed eA6) GENERAL
WENOIE P WALSH
Notary Public, State of New Jersey
No 0054°04
Commission Expires April 18, 1908
14,+�¢y��DATE IMM/DDIYYI V``go,
a 07/15/1998
` PRODUCER 713 4030-6000M
Alexander and Alexander of Taxes. Inc
Acn Risk Services
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
2000 Bering Drivel Suite 900
COMPANIES AFFORDING COVERAGE
COMPANY
A TIG INSURANCE COMPANY
Houston TX 77057.3790
INSURED Pate Brothers Construction
COMPANY
780 W Mansfield HWY
B
Kennedale TX 76060
COMPANY
C
COMPANY
D
i
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE
b
BEEN%ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
BEEN REDUCED BY PAID CLAIMS
CO
LTR
TYPE OF INSUflANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMMIDD/YY)
POLICY EXPIRATION
DATE (MMIDD/YYI
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE FxO OCCUR
OWNERS&CONTRACTORS PROT
GL31374306
01/01 /1998
01/0111999
GENERAL AGGREGATE
a 2,000,000
PRODUCTS COMP/OP AGO
a 1,000,000
X
PERSONAL &ADV INJURY
a 1,000,000
EACH OCCURRENCE
a 1,000,000
FIRE DAMAGE (Any one fire)
a 50,000
MOD EXP IAny one erson)
a 5, 000
A
AUTOMOBILE
LIABILITY
CA31374304
01 /01 /1 998
01 /01 /1 999
COMBINED SINGLE LIMIT
a 1,000,000
X
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
(Per person)
a
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Par accident)
a
NON OWNED AUTOS
PROPERTY DAMAGE
a
GARAGE LIABILITY
ANY AUTO
AUTO ONLY EA ACCIDENT
a
OTHER THAN AUTO ONLY
EACH ACCIDENT
0
AGGREGATE
A
A
EXCESS LIABILrTY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATIONAND
EMPLOYERS LIABILITY
XL897524161
WCN80088059
01 /01 /1 998
01/01/1996
01 /01 /1 999
01/0111999
EACH OCCURRENCE
a 10, 000, 000
AGGREGATE
a 10,000,000
X `NcsUMI OTH
a
EL EACH ACCIDENT
a 1,000,000
EL DISEASE POLICY LIMIT
a 1,000,000
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE Ig EXCL
EL DISEASE EA EMPLOYEE
a 1,000,000
DESCRIPTION OF OPERATIONe/LO"TIONSIVEHICLESISPECIAL ITEMS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION AND WAIVER OF SUBROGATION IS PROVIDED
IN FAVOR OF LENNOX OAK II, LP AND CITY DENTON AS REQUIRED BY WRITTEN CONTRACT
CANCELLATION CLAUSE INCLUDES NOTICE OF MATERIAL CHANGE COVERAGE AVAILABLE ONLY TO THE EXTENT OF THE POLICIES
W
mmm'Nowwwww'7 ) N
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
(1041_ LENOX OAK II, L P EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ROOEXIMNA MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
6110 CENTRAL EXPWY, SUITE 1313 B�ILUREDTOYMAILSUCH NOTIFOR CE SHALL IMPOSE No OBLIGATION OR LIABILITY
DALLAS TX 76206 OF ANY KIND UPON THE COMPANY RB -AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
PHILIP D t1
A ^ORS5
<o@u z
PRODUCER 713.430 000
Alexander and Alexander of Texas, Inc
b DATE IMMIDDNYI
'� 07116/1998 .i
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Aon Risk Services
2000 Bering Drive, Suite 900
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
A TIG INSURANCE COMPANY
Houston TX 77057.3790
INSURED Pate Brothers Construction
COMPANY
780 W Mansfield HWY
B
COMPANY
Kennedals, TX 76060
C
COMPANY
D
�y $�
>m aR't >r>'' Cn�b m .? fi R
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
LTp
ryPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDNY)
POLICY EXPIRATION
DATE (MM/DDNYI
LIMITS
A
GENERAL
LIABILITY
GL31374305
01/01/1998
01/01/1999
GENERAL AGGREGATE
0 2,000,000
PRODUCTS COMP/OP AGO
0 1,000,000
X
COMMERCIAL GENERAL LIABILITY
PERSONAL S ADV INJURY
0 1,000,000
CLAIMS MADE RI OCCUR
EACH OCCURRENCE
0 1,000,000
OWNERS h CONTRACTOR S PROT
FIRE DAMAGE IAny one fire)
0 50,000
MED EXP (AnY one person)
0 5,000
A
AUTOMOBILE
LIABILITY
CA31374304
01 /01 /1 998
01 /01 /1 999
COMBINED SINGLE LIMIT
0 1,000,000
X
ANY AUTO
BODILY INJURY
(Per person)
0
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
0
HIRED AUTOS
NON OWNED AUTOS
PROPERTY DAMAGE
0
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
0
OTHER THAN AUTO ONLY
ANY AUTO
EACH ACCIDENT
0
AGGREGATE
0
A
EXCESS LIABILITY
XLB97524151
01 /01 /1 998
01 /01 /1 999
EACH OCCURRENCE
0 10, 000, 000
AGGREGATE
0 10,000,000
X UMBRELLA FORM
0
OTHER THAN UMBRELLA FORM
A
WORKERS COMPENSATION AND
WCN80068059
01 /01 /1998
01 /01 /1999
X I WC BTATU OTH
EL EACH ACCIDENT
0 1,000,000
EMPLOYERS LIABILITY
EL DISEASE POLICY LIMIT
0 1 000,000
THE PROPRIETOR/ X INCL
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL
EL DISEASE EA EMPLOYEE
0 1,000,000...
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION AND WAIVER OF SUBROGATION IS PROVIDED
IN FAVOR OF LENNOX OAK II LP AND CITY OF DENTON AS REQUIRED BY WRITTEN CONTRACT
CANCELLATION CLAUSE INCLUDES NOTICE OF MATERIAL CHANGE COVERAGE AVAILABLE ONLY^ TO THE EXTENT OF THE POLICIES
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
It12)_ CITY OF DENTON EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL W KXVMlr1 MAIL
215 E McKINNEY E30 XCEPT 10 DAYS NOTICE FOR NON PAVMENVT6 HOLDER NAMED TO THE LEFT
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
DENTON, TX 76201 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
PHIILLIPpD R.$HODS,£ S, CU/
.>�''I:V�.I'�Y�.��i.�'�W». riV.TdaAF;iT!9»''.
n,1.0410Ar1
T H E A M E R I C A N INSTITUTE O F ARCHITECTS
Oakmont 11— Section 1
DENTON,TEXAS
UTILITY CONTRACT
98002
AIA Document A107
Abbreviated Form of Agreement
Between Owner and Contractor
For CONSTRUCTIONPROJECTS OF LIMITED SCOPE where
the Basis of Payment is a S77PULA7ED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTA770N WI7N
ANATTORNEYIS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA770N
Tins document includes abbreviated General Conditions and should not be used With other general conditions
It has been approved and endorsed by The Associated General Contractors of America
AGREEMENT
made as of the 2.3 day of in the year of Nineteen Hundred and
Ninety -Eight
BETWEEN the Owner LENNOX OAK II, L.P.
(Name and address)
6116 CENTRAL EXPWY, SUITE 1313
DALLAS, TEXAS 75206
(214) 696.9933
and the Contractor
PATE BROTHERS CONSTRUCTION, INC.
(Name and address)
780 WEST MANSFIELD MOHWAY
KENNEDALE, TEXAS 76060
(817) 483-0999
The Project is
OAKMONT H, SECTION I
(Nameandlocanon)
DENTON, TEXAS
The Engineer 1s
USA PROFESSIONAL SERVICES GROUP, INC
(Name and address)
$700 Stawn o Freeway, Suite 400
Dallas, Texas 75247
(214) 634-3300
The Owner and Contractor agree as set forth below
Copyn& 1936, 1951, 1958, 1961, 1963, 1966, 1974, 1978, O 1987 by the Amencaa l utilute of Anlutects, 1735 New York
Avenue. N W , Waslbagton, DC. 20006 Reproduahon of she materiel hCnua or substawel quo=00 of its provuaons without
written permission offt AlAmolaw the copyngbt laws ofthe United Stake and will be subject to legal prosecubm
ALA DOCUMENT A107 - ABBREVIATED OWNED CONTRAaMR AOREBMBW - NMH EDMON - AIAm 01987
THEAMBRICAN MSMUM OPARCHM=1733 NEW YORKAVD n$ N W., WASMOMN DC 20006 A107.1987 1
ARTICLE 1
THE WORK OF THIS CONTRACT
1 1 The Contractor shall execute the entire Work described in the Contract Documents, for complete installation of
water, sanitary sewer and storm sewer facilities on the Site, together with all related improvements and
facilities, all as described in the Contract Documents to the City of Denton Standards and Specifications
The Site shall mean the real property described on Exhibit A attached to this agreement
ARTICLE 2
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The date of Commencement is the date from which the Contract Time of Paragraph 2 2 is measured, and shall be the date
of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be faced in a
notice to proceed issued by the Owner
(Imnt the date ofoommen-wnt brit df}refMm the date V%W Agrumendor eapplicable &a& that the don wi8 befitedin a nonce o proceed)
22 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Inuit do calendar dam or umber gVealendar days qUr the date ofrnmmencement Ako inert any requbemenn for earher$ubetandal Completion ofmr Wn pordom of the Work fwt
ammdenewhera In the ConlmNDacvmenta)
, subject to acbustments of this Contract Time as provided in the Contract Documents
(!martp v*Ionq tfam for dgodamdd-wax relating o jMlure o compkte an alma)
(See Exhibit E, Item 14.5.2)
ARTICLE 3
CONTRACT SUM
31 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
Six Hundred 7Wenty 71wo Thousand Four Hundred SeventeenDonars
($622,417.06 ), subject to additions and deductions as proveded in
the Contract Documents,
AIA DOOUMRNT A107 ABBREVIATED OWNER-CONTBACPOR AGREEMENT NUM EDITION ALA® • O 1987
THE AMERICAN INSITIVIS OPARCFBr=% 1735 NEW Y0RXAVE1An4N W.,WASIENaM. D C 20006 A187-1987 2
3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Owner N/A
(Smte the mtmbem or other ident(jloadon of accepted alternatives etOdsions on other altematives are W be made by the Owner subsequent to the execution of this Agreement attach a
acheduk ofsuch other altemathwehmdng the atemntjbreach andthe date until which that amount Is valid)
33 Unit prices, if any, are as follows
See attached Exhibit B
The Contract Sum has been determined as set forth on ExhIW.B and is subject to adjustment as therein
provided
ARTICLE 4
PROGRESS PAYMENTS
4.1 Based upon Applications for payment submitted to the Engineer by the Contractor and Payment Recommendation
letters issued by the Engineer and approved by the Owner, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents The period covered by each
Application for Payment shall be one calendar month ending on the last day of the month, or as follows
41 See Addendum (Exhibit "E'q
42
(Insert rate ofinterest agreedupon, brow)
4.2 and 4 3 See Addendum (Exhibit "E')
(Uxrylaws and requiremenk under the Federal2ruth inLendngAot simtlarskte and h cat canner credit laws and otherreguladow at the Owner s and Contractor s prindpal plans of
bu&m&% the location of the FroJed and ekmhm may q ftd the validity of this provident Legal advice should be obtained with reaped to decision; or modlJications and regardng
requirements such as written daclawres or watwrs.)
ALA DOCUMENT A107 ABBREVLATED OWNEICCONTRACrOR AGREEMENT NWTH EDn70N ALAS • 0 1987
ME ANMRWAN INSITN7rR 0FARCFETECr8. 1783NEW YORKAVENUB,NW, WAQ0WoV0N.D.0 2M A107.1987 3
ARTICLE 6
FINAL PAYMENT
6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor
thirty (30) days after the Work has been fully completed, the Contract fully performed, and a final Payment
Recommendation letter has been issued by the Engineer
5.11, 5 2, 5.3 and 5.4 See Addendum (Exhibit "E"')
ARTICLE g
ENUMERATION OF CONTRACT DOCUMENTS
61 The Contract Documents are hated in Article 7 and, except for Modifications issued after execution of tins Agreement, are
enumerated as follows
61 1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Document A107,
1987 Edition
612
The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
, are as follows
Document
N/A
Title
Pages
61 3 The Specifications are those contained in the Project Manual dated as in Subparagraph 6 12, and are as follows
(MAer Hatdm Specj(icadom here orreJhrto an ad&t aaachedto ddaAgreement)
Section Title Pages
N/A
AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDMON AIAO. O 1907
TNHAMEIUCAN1N=VIEOFARCNnECl81745NEWYORRAVMRMENW,WARBUn0OKD.0 20Wd A1071987 4
6.1 4 The Dmwmp are as fallaws, and am dated unless a different date Is shawabelow
(Mther Sat the Drawings hem or r*r wan =hibitaffachadto tMsAgreenent)
Number Title Date
See attached Exhibit C
61 5 The Addenda, if any, are as follows
Number Title Date
Addenda issued prior to execution of this Agreement, as described on Exhibit E and made part of this
contract.
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 6
61.6 Other documents, If any, forming part of the Contract Documents are as follows
(List mry additional documents which are lntendedto form parr O%W Ca ftdDowmanra)
N/A
AIA DOOe1h9NT A107 ABBREVIATED OWN6&4014TRAC10a AGREEMENT • NWTH EDITION ALAS O IM
THE AMERICAN INSITT= OFARCRITRCTE. 1735 NEW YORKAVE" N W.WAE7@1GTON DC 7000E A107.1987 5
GENERAL CONDITIONS
ARTICLE 7
CONTRACT DOCUMENTS
7.1 The Contract Documents consist of this Agreement
with Conditions of the, Contract (General, Supplementary and
other Conditions), Drawings, Specifications, addenda issued
prior to the execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of
this Agreement The intent of the Contract Documents is to
include all items necessary for the proper execution and
completion of the Work by the Contractor The Contract
Documents are complementary, and what is required by one
shall be as binding as if required by all, performance by the
Contractor shall be required only to the extent consistent with
the Contract Documents and reasonably inferable from them as
being necessary to produce the intended results
72 The Contract Documents shall not be construed to
create a contractual relationslup of any land (1) between the
Engineer and Contractor, (2) between the Owner and
Subcontractor or Sub -subcontractor or (3) between any persons
or entities other than the Owner and Contractor
73 Execution of the Contract by the Contractor is a
representation that the Contractor has visited the site and
become familiar with the local conditions under which the Work
is to be performed.
74 The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations The Work
may constitute the whole or a part of the Project
81 The Owner shall furnish surveys and legal description
of the site
8.2 Except for permits and fees which are the responsibility
of the Contractor under the Contract Documents, the Owner
shall secure and pay for necessary approvals, easements
assessments and charges required for the construction, use or
occupancy of permanent structures or permanent changes in
existing f icdities
83 If the Contractor WE to timely correct Work which is
not in accordance with the requirements of the Contract
Documents or persistently fads to carry out the Work in
accordance with the Contract Documents, the Owner, by a
written order, may order the Contractor to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated, however, the right of the Owner to stop the Work
shall not give rise to a duty on the part of the Owner to exercise
this right for the benefit of the Contractor or any other person or
entity
ARTICLE 9
CONTRACTOR
91 The Contractor shall supervise and direct the Work,
using the highest skill and attention The Contractor shall be
solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for
coordinating all portions of the Work under the Contract, unless
Contract Documents give other specific instructions concerning
these matters
92 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials,
equipment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services
necessary for the proper execution and completion of the Work,
whether temporary or permanent and whether or not
incorporated or to be incorporated in the Work
93 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carrying out the Contract The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks
assigned to them
94 The Contractor warrants to the Owner and Engineer
that materials and equipment furnished under the Contract will
be of Contract specified quality and new unless otherwise
required or permitted by the Contract Documents, that the Work
will be free from defects not inherent in the quality required or
permitted, and that the Work will conform with the
requirements of the Contract Documents Work not conforming
to these requirements, including substitutions not properly
approved and authorized, may be considered defective The
Contractor shall furnish satisfactory evidence as to the land and
quality of materials and equipment
9.4.1, 9.4 2, 9.4 3 and 9.4.4 See Addendum (Exhibit
«E„9
AIA DOCUMENT A407 ABBREVLATED OWNHR COMRAC10a AGREEMENT • NDITH EDITION ALA® O 1997
TNEAMERICANINBLnVPE O7 ARCIiTTWM LIM NBWYORKAVENUEN w,wABNDrOION, D C 7 A1014907 6
9.5 Unless otherwise provided in the Contract Documents,
the Contractor shall pay sales, consumer, use, and other smular
taxes which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect, and shall secure and pay for the
building permit and other permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of Work
96 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations, and lawful
orders of public authorities hearing on performance of the Work
The Contractor shall promptly notify the Engineer and Owner
if the Drawings and Specifications are to be at variance
therewith
9.7 The Contractor shall be responsible to the Owner for
the acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other
persons performing portions of the Work under the Contract or
any contract with the Contractor
98 The Contractor shall review, approve and submit to the
Engineer Shop Drawings, Product Data, Samples and smular
subiittals required by the Contract Documents with reasonable
promptness The Work shall be in accordance with approved
submittals When professional certification of performance
criteria of materials, systems or eqmpment is required by the
Contract Documents, the Engineer shall be entitled to rely
upon the accuracy and completeness of such certifications
99 The Contractor shall keep the premises and
surrounding area free from accumulation of waste materials or
rubbish caused by operations under the Contract At completion
of the Work the Contractor shall remove from and about the
Project waste materials, rubbish, the Contractor's tools,
construction equipment, machinery and surplus materials
910 The Contractor shall provide the Owner and
Engineer access to the Work in preparation and progress
wherever located.
9.11 The Contractor shall pay all royalties and license fees,
shall defend sorts or claims for infringement of patent rights and
shall hold the Owner harmless from loss on account thereof, but
shall not be responsible for such defense or loss when a
particular design, process or product of a particular
manufacturer or manufacturers is required by the Contract
Documents unless the Contractor knows that there is or will
be an infringement of pqttent
9.12 & 9.12.1 See Addendum (Exhibit "E')
9.12 2 The obligations of the Contractor under this Paragraph
9 12 shall not exceed to the liability of the Engineer, the
Engineer's consultants, and agents and employees of any of
them ansmg solely out of (1) the preparation or approval of
maps, drawings, opinions, reports, surveys, Change Orders,
Construction Change Directives, designs or specifications, or (2)
the giving of or the failure to give directions by the Engineer,
the Engineer's consultants, and agents and employees of any
of them provided such giving or failure to give is the primary
cause of the injury or damage
912 3 See Addendum (Exhibit "E")
ARTICLE 10
ADMINISTRATION OF THE CONTRACT
101 The Engineer will provide administration of the
Contract in accordance with the Contract Documents.
102 The Engineer will visit the site at intervals
appropriate to the stage of construction to become generally
familiar with the progress and quality of the completed Work
and to determine in general if the Work is being performed in a
manner indicating that the Work, when completed, will be in
accordance with the Contract Documents However, the
Engineer will not be required to make exhaustive or
continuous on -site inspections to check quality or quantity of the
Work On the basis of on -ate observations as an Engineer ,
the Engineer will keep the Owner informed of progress of the
Work and will endeavor to guard the Canner against defects and
deficiencies in the Work
10.3 The Engineer will not have control over or charge of
and will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility as provided in Paragraphs
9 1 and 16 1 The Engineer will not be responsible for the
Contractor's failure to carry out the Work in accordance with
the Contract Documents
10.4 Based on the Engineer's observations and
evaluations of the progress of the work and the
Contractor's Applications for Payment, the Engineer will
review and after consultation with Owner recommend
the amounts due the Contractor and will issue Payment
Recommendation Letters in such amounts
105 The Engineer will interpret and decide matters
concerning performance under and requirements of the Contract
Documents on written request of either the Owner or Contractor
AIR DOCUMENT A107 ABBREVIATED OWNER -CONTRACTOR. AGREEMENT NDPni EDITION AAA® O 1997
THE AMERICAN INSITIUM OF ARCHITSCISLM NEW YORKAVENUR,N W.,WASHDIOrON DC.30006 A107.1987 7
The Engineer will make initial decisions on all claims,
disputes or other matters in questions between the Owner and
Contractor, but will not be liable for results of any
interpretations or decisions rendered in good faith The
Engineer decisions in matters relating to aesthetic effect will
be final if consistent with the intent expressed in the Contract
Documents All other decisions of the Engineer except those
which have been waived by malting or acceptance of final
payment, shall be subject to arbitration upon the written demand
of either ]arty
10 S See Addendum (Exhibit "E"
106 The Engineer will have authority to reject Work
which does not conform to the Contract Documents
107 The Engineer will review and approve and/or take
other appropriate action upon the Contractor's submittals such
as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract
Documents
ARTICLE 11
SUBCONTRACTS
11 1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perform a portion of the Work at
the site
112 Unless otherwise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as practicable
after award of the Contract, shall furnish in writing to the
Owner through the Engineer the names of the Subcontractors
for each of the principal portions of the Work. The Contractor
shall not contract with any Subcontractor, except those
identified in writing by Contractor to Owner
Contracts between the Contractor and Subcontractors shall
require each Subcontractor, to the extent of the Work to be
performed by the Subcontractor, to be bound to the Contract by
the terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the
Contractor, by the Contract Documents, assumes toward the
Owner
ARTICLE 12
CONSTRUCTION BY OWNER OR
BY SEPARATE CONTRACTORS
12 l The Owner reserves the tight to perform construction
or operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other
portions of the Project or other construction or operations on the
site
12.11 See Addendum (Exhibit "E')
122 The Contractor shall afford the Owner and separate
contractors reasonable opportunity for the introduction and
storage of their materials and equipment and performance of
their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs
123 Subject to Article 14 3 hereof, costs caused by
delays, improperly timed activities or defective construction
shall be bome by the party responsible thereof
ARTICLE 13
CHANGES IN THE WORK
131 The Owner, without invalidating the Contract, may
order changes in the Work consisting of additions, deletions or
modifications, the Contract Sum and Contract Time being
adjusted accordingly Such changes in the Work shall be
authorized by written Change Order signed by the Owner,
Contractor and Engineer, or by written Construction Change
Directive signed by the Owner and Engineer
132 The Contract Sum and Contract Time shall be changed
only by Change Order
133 The cost or credit to the Owner from a change in the
Work shall be determined only by written agreement
ARTICLE 14
TIME
141 Trine limits stated in the Contract Documents are of the
essence of the Contract By executing the Agreement the
Contractor confirms that the Contract Tune is a reasonable
period for performing the Work.
14.2 The date of Substantial Completion is the date
recommended by the Engineer and approved by the
Owner in accordance with Paragraph 15 3
143 If the Contractor is delayed at any time in progress of
the Work by changes ordered in the Work, by labor disputes,
fire, unusual delay in deliveries, abnormal adverse weather
conditions not reasonably anticipatable, unavoidable casualties
or any causes beyond the Contractor's control and fault, or by
other causes which the Engineer determines may justify delay,
then the Contract Time shall be extended by change Order for
such reasonable time mutually agreed upon by the
Owner, Engineer and Contractor
ALA DOCUMENT A107 ABBREVIATED OWNER -CONTRACTOR AGREEMENT NINTH EDmON AIAO O 1997
THE AMERICAN WffnTUTE OF ARCHUECTS, 1733NEW YORKAVENUB N W WASHINOTON D C, 20 A107-1997 8
14.2, 14 3, 14.4, 14.5.2, 14.5.3, 14.5 4 See
Addendum (Exhibit 'W9
ARTICLE 15
PAYMENTS AND COMPLETION
151 Payments shall be made as provided in Article 4 and 5
of this Agreement.
15.2 Payments may be withheld on account of (1) defective
Work not remedied, (2) clams filed by third parties, (3) failure
of the Contractor to make payments properly to Subcontractors
or for labor, materials or equipment, (4) reasonable evidence
that the Work cannot be completed for the unpaid balance of the
Contract Sum, (5) damage to the Owner or another contractor,
(6) reasonable evidence that the Work will not be completed
within the Contract Tune and that the unpaid balance would not
be adequate to cover actual or liquidated damages for the
anticipated delay, or (7) failure to carry out the Work in
accordance with the Contract Documents
153 When the Engineer agrees that the Work is
substantially complete, the Engineer will issue a letter of
Substantial Completion
15.3 See Addendum (Exhibit "E' j
154 Final payment shall not become due until the
Contractor has delivered to the Owner a complete release of all
hens ansmg out of this Contract or receipts in full covering all
labor, materials and equipment for which a hen could be filed,
or a bond satisfactory to the Owner to indamndY the Owner
against such lien if such lien remains unsatisfied after
payments are made, the Contractor shall refund to the Owner all
money that the Owner may be compelled to pay in discharging
such hen, including all costs and reasonable attorneys' Sees
155 The making of final payment shall constitute a waiver
of claims by the Owner, unless otherwise agreed to in
writing
Acceptance of final payment by the Contractor, a Subcontractor
or material supplier shall constitute a waiver of claims by that
payee except those previously made in writing and identified by
that payee as unsettled at the time of final Application for
payment, unless otherwise agreed to in writing.
ARTICLE 16
PROTECTION OF PERSONS AND PROPERTY
161 The Contractor shall be responsible for initiating,
maintaining, and supervising all safety precautions and
programs in connection with the performance of the Contract.
The Contractor shall take all precautions for safely o� and shall
provide necessary protection to prevent damage, mlury or loss
to
employees on the Work and other persons who may be
affected thereby,
the Work and materials and equipment to be
incorporated therem, and
other persons and/or property at the site or adjacent
thereto
The Contractor shall give notices and comply with applicable
laws, ordinances, rules, regulations and lawful orders of public
authorities bearing on safety of persons and property and their
protection from damage, injury or loss The Contractor shall
promptly remedy damage and loss to property at the site caused
in whole or in part by the Contractor, a Subcontractor, a Sub -
subcontractor, or anyone directly or indirectly employed by any
of them, or by anyone for whose acts they may be liable and for
which the Contractor is responsible under Subpamgmphs 1612
and 16 13, except for damage or loss attributable to acts or
omissions of the Owner or Engineer or by anyone for whose
acts either of them may be liable, and not attributable to the fault
or negligence of the Contractor The foregoing obligations of
the Contractor are in addition to the Contractor's obligations
under Paragraph 9 12, unless otherwise agreed to in
writing
162 The Contractor shall not be required to perform without
consent any Work relating to asbestos or polychlorinated
biphenyl (PCB)
ARTICLE 17
INSURANCE
17.1 The Contractor shall purchase from and maintain in a
company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, insurance for
protection from claims under workers or workmen's
compensation acts and other employee benefit acts which are
applicable, chums for damages because of bodily injury,
including death, and from chums for damages other than to the
Work itself, to property which may anse out of or result from
the Contractor's operations under the Contract, whether such
operations be by the Contractor or by a Subcontractor or any one
directly or indirectly employed by any of them This insurance
shall be written for not less than hurts of liability specified in
the Contract Documents or required by law, whichever coverage
is greater, and shall include contractual liability insurance
applicable to the Contractor's obligations under Paragraph 9 12
Certificates of such insurance shall be with the Owner prior to
the commencement of the Work.
172 The Owner shall be responsible for purchasing and
mantamng the owner's usual liability insurance Optionally,
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ARTICLE 21
OTHER CONDITIONS OR PROVISIONS
212 So long as Owner is not in default under the Contract, Contractor shall not voluntarily
permit any laborer's, materialmen's, mechanic's or other smular hen to be filed or
otherwise imposed on any part of the Work or the property on which the Work is
performed If any laborer's, materialmen's, mechanic's or other similar hen or claim
thereof is filed and if Contractor does not cause such hen to be released and discharged
forthwith, or file a bond in heu thereof, Owner shall have the right to pay all sums
necessary to obtain such release and discharge and deduct all amounts so paid from the
Contract Sum, or deduct same from the next succeeding Application for Payment until the
total amount of same shall be recouped as Owner may elect Contractor shall indemnify
and hold Owner harmless from all claims, losses, demands, causes of action or suits of
whatever nature ansing out of any such hen or that part of the Work covered thereby
213 The Contract Documents constitute the entire agreement between the parties hereto with
respect to the matters covered thereby All prior negotiations, representations and
agreements with respect thereto not incorporated in the Contract Documents are hereby
superseded This Agreement can be modified or amended only by a document duly
executed by the parties hereto
214 Contractor shall not assign all or any part of this Agreement or any momes due or to
become due hereunder without the prior written consent of Owner Owner may, without
the consent of Contractor, assign this Agreement to any other party or entity, provided
Owner continues to be responsible for the performance of such assignee of Owner's
obligations hereunder Subject to the foregoing, this Agreement shall insure to the benefit
of and be binding upon the parties hereto and their respective successors and assigns
215 This Agreement shall be governed by and construed under the laws of the State of Texas
216 See Exhibits A, B, C, D, E, F, G and H attached hereto and incorporated herein by
reference
217 See Addendum (Exhibit "E")
218 See Addendum (Exhibit "E")
This Agreement entered into as of the day and Year first written above
LENNOX OAK H, L.P.
By Lennox Invest
ments, Inc , General Partner
Ignan ke
r IM D Blaylock President
(Printed nine and tide)
PATE BROTHERS CONSTRUCTION
�Q
i attire)
Bisballe VicePrest&nt
(Printed name and title)
11 A1074987 _
THEAMMCANiNaM OPARCEMEMS�3N6WW y0RRKaMNW_
KAVBNOEWAe}RN0T0NDC IUW6®1987
EXHIBIT "A"
FIELD NOTES OF SITE
BEING attract or parcel of land situated in the Stephen Hembne Survey, Abstract Number 643, in
the City of Denton, Denton County, Texas, and being part of that tract of land conveyed to Lennox
Oaks II, L P by Deed recorded In the Real Property Records of Denton County, Texas, Denton
County Clerk's File Number and being more particularly described as
follows
BEGINNING at a one-half Inch iron rod found for the Northwest comer of said Lennox Oaks tract,
said comer being on the South line of a tract called 100 acre tract conveyed to the State of Texas
for Denton State School at Denton, Texas by Deed recorded in Volume 435, Page 0012, Real
Property Records of Denton County, Texas,
THENCE North 87001'55" East along the North line of said Lennox Oaks tract and along the South
line of said Denton State School tract, a distance of 470 00 feet to a one-half inch Iron rod with cap
marked "USA INC, RPLS 2028" set for comer, hereinafter called one-half inch Iron rod set, said
Iron rod being the beginning of a non -tangent curve to the left having a central angle of 14058'01 ",
a radius of 1780 00 feet, and a chord bearing and distance of South 25029'28" West, 483 88 feet,
THENCE in a Southwesterly direction departing the North line of said Lennox Oaks tract and the
South line of Denton State School tract and along said non -tangent curve to the left, an arc length
of 464 98 feet to a one-half Inch Iron rod set for comer,
THENCE South 88"33'17" East a distance of 699 11 feet to a one-half inch iron rod set for comer,
THENCE North 74016'00" East a distance of 126 69 feet to a one-half inch iron rod set for comer,
THENCE South 15"44'00" East a distance of 108 50 feet to a one-half inch Iron rod set for comer
THENCE North 74016'00" East a distance of 50 00 feet to a one-half inch iron rod set for comer,
THENCE South 15*44'00" East a distance of 8 02 feet to a one-half inch Iron rod set for comer,
THENCE North 74018'00" East a distance of 117 00 feet to a one-half inch iron rod set for comer
THENCE South 15044'00" East a distance of 360 00 feet to a one-half inch iron rod set for comer,
THENCE South 74016'00" West a distance of 117 00 feet to a one-half inch iron rod set for comer,
THENCE South 15"44'00" East a distance of 304 36 feet to a one-half inch iron rod set for comer,
THENCE South 74018'00" West a distance of 50 00 feet to a one-half inch iron rod set for comer,
THENCE South 15044'00" East a distance of 37 54 feet to a one-half inch iron rod set for comer at
the beginning of a curve to the left having a central angle of 16046'36", a radius of 275 00 feet,
and a chord bearing and distance of South 24007'18" East, 80 23 feet,
THENCE in a Southeasterly direction along said curve to the left, an arc length of 80 52 feet to a
one-half Inch Iron rod set for comer,
THENCE South 57029124" West a distance of 55 19 feet to a one-half inch Iron rod set for comer,
THENCE South 19"10'14" East a distance of 130 89 feet to a one-half inch iron rod set for comer,
EXHIBIT "A"
FIELD NOTES OF SITE
Page 1 of 2
EXHIBIT "B"'
CONTRACT SUM
WATER
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
12" Water Main w/Embedment
3062
L F
$17 70
$54,197 40
6" Water Main w/Embedment
4129
L F
$11 38
$46,988 02
12" Valve
8
Ea
$922 15
$7,377 20
6" Valve
20
Ea
$422 42
$8,448 40
2" Eclipse Blow off Hydrant
3
Ea
$916 39
$2,74917
Cast Iron Fittings
4
Ton
$1,127 67
$4,510 68
Concrete Blocking
133
C Y
$67 66
$899 88
1" Water Service
116
Ea
$353 90
$41,052 40
2" Water Service
1
Ea
$839 33
$639 33
Fire Hydrant
8
Ea
$1,115 18
$8,921 44
Connect to Existing Main
1
Ea
$338 30
$338 30
Remove & Replace HMAC
45
S Y
$30 45
$1,370 25
Testing
7,191
L F
$0 63
$4,530 33
WATER TOTAL
$182,022 80
SANITARY SEWER
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
8" Sewer Main w/Embedment
5,444
L F
$15 83
$86,178 52
Std 4 0' Diameter Manhole
14
Ea
$1,291 18
$18,076 52
Std 4 0' Diameter Drop Manhole
3
Ea
$1,837 21
$5,511 63
Cleanout
3
Ea
$153 44
$460 32
4" Sewer Service
116
Ea
$177 00
$20,632 00
8" Cap
4
Ea
$34 96
$139 84
Trench Safety
6499
L F
$1 13
$7,343 87
TV Inspection
5490
L F
$0 84
$4,611 60
Testing
5490
L F
$0 57
$3,129 30
Lift Station
1
L S
$62,695 71
$62,695 71
Force Main
1,055
L F
$11 77
$12,417 35
Manhole over Existing 24" Main
1
Ea
$1,001 37
$1,004 37
Force Main Testlna
1,065
L F
$0 33
$348 15
STORM SEWER"
8'x6' Box Culvert
125
L F
$193 05
$24,131 25
66"
Class111 R C P
431
L F
$147 79
63,896 05
42"
Class III R C P
284
L F
$57 17
$16,236 28
42"
Class III R C P
103
L F
$72 80
$7,498 40
38"
Class III R C P
225
L F
$43 90
$9,878 00
30"
Class IV R C P
223
L F
$38 74
$8,639 52
30"
Class III R C P
378
L F
$34 80
$13,155 24
27"
Class III R C P
205
L F
$31 63
$6,484 61
24"
Class IV R C P
86
L F
$32 08
$2,759 07
24"
Class III R C P
151
L F
$28 72
$4,337 06
EXHIBIT "B" - CONTRACT SUM
Page 1 of 2
STORM SEWER (cont.)
210 Class III R C P
32
L F
$26 70
$854 47
18" Class III R C P
334
L F
$23 69
$7,913 20
7' Dia Manhole
1
Ea
$4,418 19
$4,418 19
5' Dia Manhole
1
Ea
$2,320 74
$2,320 74
4' Dla Manhole
2
Ea
$1,483 71
$2,927 42
Junction Box
1
Ea
$12,439 56
$12,439 56
20' Curb Inlet
2
Ea
$2,355 98
$4,711 96
10' Curb Inlet
2
Ea
$1,577 89
$3,155 78
8' Curb Inlet
12
Ea
$1,399 72
$16,798 64
Wye Connection
10
Ea
$28 20
$282 00
27" Cap
1
Ea
$140 96
$140 96
8'x3' Typo °B' Headwall
1
Ea
$4,115 47
$4,115 47
Rock Rip Rap
64
S Y
$55 03
$3,521 92
Grade to Drain
320
L F
$14 67
$4,694 40
Remove Existing Headwall
1
Ea
S338 30
$338.30
SUMMARY:
WATER TOTAL
SANITARY SEWER TOTAL
$182,022.80
$222,446.18
All Items to be constructed per the City of Denton Standards and Specifications
Items to include all means of construction required for proper installation
(complete in place), including but not limited to labor, supervision, equipment
tools, materials, backfill, compaction, final cleanup, and acceptance Traffic
control to be provided and maintained by Contractor throughout construction at
Contractor's expense It shall be the Contractor's responsibility to restore street
ground elevations to within one tenth of a foot to that existing at the time the
Project was released for utility construction Payment for this surface restoration
shall be subsidiary to the price bid for the various items throughout the project
No separate payment will be made.
It is acknowledged and agreed that the actual amount of Work to be performed
and materials to be furnished under this Agreement may vary from the foregoing
estimates Payment shall be for the actual amount of such Work done and
materials furnished at the unit prices shown above. The actual measured or
computed length, area, solid contents, number and weight only shall be used to
determine quantities for final payments, no extra or customary measurements may
be used, Any adjustment to the Contract Sum set forth in Article 3 by reason of
any variance in quantity of Work performed or material furnished shall be made
only by Change Order
EXHIBIT "B" - CONTRACT SUM
age 2 of 2
EXHIBIT "C"
SHEETINDEX
1 COVER SHEET
2 FINAL PLAT SHEET 1 OF 2�
3 FINAL PLAT (SHEET 2 OF 2
4 WATER & SANITARY SEW R PLAN
5 SANITARY SEWER PROFILES - LINES "S-1", "S-2" & "S-3"
6 SANITARY SEWER PROFILES - LINES "S-4", "S-6" & "S-7"
7 SANITARY SEWER PROFILES — LINES "S-5", "S-81, "S-9", "5-10", "S-11" &
"S-12"
8 WATER PROFILE — LINE "W-1"
9 UTILITY PROFILES — LINE "W-1" & FORCE MAIN
10 LIFT STATION SITE PLAN & DETAILS
11 DRAINAGE AREA MAP
12 STORM SEWER PLAN AND PROFILE - LINE "D-1"
13 STORM SEWER PLAN AND PROFILE — LINES "D-1" & "D-6"
14 STORM SEWER PLAN AND PROFILE — LINES "D-2", "D-3", "D-4" & "D-5"
15 PAVING PLAN AND PROFILE — Harvard Drive
16 PAVING PLAN AND PROFILE — St John's Drive
17 PAVING PLAN AND PROFILE —Vdlanova Drive
18 PAVING PLAN AND PROFILE — Marquette
19 PAVING PLAN AND PROFILE — Stanford Drive
20 PAVING PLAN AND PROFILE — Centenary Drive
21 PAVING PLAN AND PROFILE — Robinson Road
22 LOT GRADING PLAN
23 LOT GRADING PLAN
24 LOT GRADING PLAN
25 LOT GRADING PLAN
26 STORMWATER POLLUTION PREVENTION PLAN
27 STORMWATER POLLUTION PREVENTION PLAN
28 CITY DETAILS — WATER DISTRIBUTION SYSTEM DETAILS
29 CITY DETAILS — SANITARY SEWER DETAILS
30 CITY DETAILS — STORM SEWER DETAILS
31 CITY DETAILS — STORM SEWER DETAILS
32 CITY DETAILS — STANDARD CONCRETE PAVING DETAILS
33 CITY DETAILS — STANDARD ASPHALT PAVING DETAILS
34 CITY DETAILS — STANDARD ASPHALT PAVING DETAILS
EX IT "C"
DRAWINGS��FICATIONS
Page 1 of 1
All insurance coverage required as herein set forth shall be at the sole cost
and expense of Contractor and its subcontractors and suppliers, and all
deductibles shall be assumed by, for the account of, and at the sole risk of
said Contractor and its subcontractors and suppliers
4 Except where prohibited by law, all insurance policies shall contain
provisions that the insurance companies waive the rights of recovery or
subrogation against Owner, its agents, servants, invitees, employees, co -
lessees, co -venturers, affiliated companies and their insurers
All insurance policies shall be endorsed to provide that it may not be
cancelled or modified except upon thirty (30) days prior written notice to
Owner
All insurance policies shall be with such insurance companies as are
satisfactory and acceptable to Owner Contractor shall deliver to Owner for
its inspection all insurance policies required hereunder or such other
evidence of compliance with the foregoing insurance requirements as is
satisfactory and acceptable to Owner
Contractor shall maintain or cause to be maintained all insurance required by
this Exhibit in full force and effect during the entire term of this Agreement
and for a period of five (5) years following Completion Not later than thirty
(30) days prior to the expiration of any such policy of insurance, Contractor
shall deliver to Owner evidence satisfactory to Owner that such policy has
been renewed or replaced
EXIIIBIT D
Page 2 of 2
EXHIBIT "E"
ADDENDUM TO ABBREVIATED FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS ADDENDUM to Abbreviated Form of Agreement Between Owner and
Contractor ("Agreement") shall amend, supplement, modify, delete and replace by
substitution (or where applicable, be mserted as) the indicated provisions of the Agreement
Wherever the terms hereof are inconsistent with the Agreement, the terms hereof shall be
controlling
SUPPLEMENTARY TERMS OF AGREEMENT
41 On the twenty-fifth (25th) day of each month during performance of the
work or the first weekday after the twenty-fifth, Contractor shall submit to
the Owner, through the Engineer for their approval an Application for
Payment in form and substance satisfactory to Owner for the period ending
on the twenty-fifth of each month Each Application for Payment shall be
for a sum not greater than ninety percent (90%) of that portion of the
Contract Sum properly allocable to labor, date of such Application for
Payment, less the aggregate of previous payments made by Owner Within
twenty-five (25) days after submission of each Application for Payment,
provided no default by Contractor has occurred and is continuing hereunder,
Owner shall make payment to Contractor for such amounts thereof which
have been approved by the Engineer and Owner
42 Each Application for Payment shall contain the following certification by
Contractor
There are no known mechamds or materialmen's lien
claims outstanding at the date of this Application for
Payment and no condition or state of facts exists
which would give Contractor reason to believe that
any such claim may be made All due and payable
bills with respect to the Work have been paid to date
or are included in the amount requested in the
Application of Payment Except for such bills not
paid but so included, receipts and waivers from all
Subcontractors and matenalmen for Work done and
materials fiirmshed to the effective date of this
Application for Advance have been obtained in such
form as to constitute an effective waiver of hen under
the laws of the State of Texas
Contractor shall promptly pay all bills for labor and materials performed and
furmshed by others in connection with the performance of the Work Owner
may require as a condition precedent to the making of any payment
hereunder that (i) Contractor submit evidence satisfactory to Owner that no
unpaid claims exist for any labor, materials, services or other obligations
incurred by Contractor, any Subcontractor or supplier in the performance of
Page 1 of 6
the Work hereunder and that no condition or fact exists wluch would cause
Contractor to believe that any such claims be thereafter asserted and (n)
Contractor, its Subcontractors and suppliers execute and deliver the Owner a
general release and waiver of hens in form acceptable to Owner
43 Owner may withhold from any amount included in any Application for
Payment (including the Final Application) amounts deemed appropriate by
Owner by reason of any of the following (i) written qualifications or
exceptions of Engineer or Owner to any Application for Payment, (u) claims
of Subcontractors or payments for labor or materials made in the Work, (m)
Contractor's failure to perform any obligation under this Agreement or under
any other Contract Document, (iv) defective Work or (v) the making,
assertion or threat of any clami, action, suit, proceeding, expense, liability,
damage or mjury for which Contractor may be liable under Section 9 12 of
this Agreement
5 1 1 In addition to the not in derogation of the provisions of Paragraph 15 3
herem, the issuance of a Payment Recommendation letter shall constitute a
recommendation to the Owner by Engineer with respect to the amounts to
be paid to Contractor Such recommendation shall be non-bmdmg on
Owner, and Owner shall be entitled to refuse to make payment on any
Payment Recommendation letter if Contractor is in default
52 Upon completion (hereinafter defined), Contractor shall submit a final
Apphcation for Payment ("Fuial Application") which shall set forth all
amounts due and remaining unpaid to Contractor in respect of the Contract
Sum Upon approval thereof by Owner and Engineer and satisfaction of all
other conditions to final payment thereunder, provided no default by
Contractor has occurred and is continuing hereunder, Owner shall pay to
Contractor the amount due under such Final Application
53 The Final Application shall not be payable until (i) thirty (30) days shall have
expired after Completion, (a) the surety company or companies issuing labor
and material payment bonds and performance bonds, if any, shall have
consented to payment of the final application (in) Contractor shall have
delivered to Owner a complete release of all hens ansing out of this
Agreement and the Work, together with an affidavit of Contractor that the
release includes and covers all materials and services for which a hen could
be filed, and (iv) Contractor shall have delivered to Owner all warranties and
guaranties which are applicable to any part of the Work
54 Completion shall mean the full and complete performance of all Work in
accordance with the Contract Documents Completion shall not have
occurred until the City of Denton, Texas shall have accepted the Work in
accordance with all laws, ordinances, rules, regulations and lawful orders of
any governmental authority having jurisdiction over the Work or the Project
shall have been satisfied
9 4 1 The warranty provided in Paragraph 9 4 shall be in addition to and not in
hinnation of any other warranty or remedy required by law or by the
Page 2 of 6
Contract Documents, and such warranty shall be interpreted to require
Contractor to replace defective materials and equipment and re -execute
defective Work which is disclosed to the Contractor by the Owner within a
period of one (1) year after final completion of the entire Work
942 The Contractor shall issue in writing to the Owner as a condition precedent
to final payment a "General Warranty" reflecting the terms and conditions of
tins Paragraph 9 4 for all Work under the Contract Documents
943 Except when a longer warranty time is specifically called for in the
Specification Sections or is otherwise provided by law, the General Warranty
shall be for twelve (12) months and shall be in form and content otherwise
satisfactory to Owner
944 Warranties shall become effective on a date established by the Owner and
Engineer in accordance with the Contract Documents This date shall be the
date of Final Completion of the entire Work, unless otherwise provided in
any Certificate of Partial Final Completion approved by the parties
912 To the fullest extent permitted by applicable law, Contractor shall and does
agree to indemnify, protect, defend and hold harmless the Owner, Owner's
partners, affiliated companies of Owner and of any partner, Engineer and
their respective officers, directors, shareholders, employees and agents
(collectively the "Indemnities") from and against all claims, damages, losses,
hens, causes of action, suits, judgments and expenses, including attorney
fees, of any nature, land or description of any person or entity, directly or
mduectly ansing out of, caused by, or resulting from (in whole or in part), (i)
the work performed hereunder, or any part thereof, or (n) any act or
omission of Contractor, Any subcontractor of Contractor anyone directly
or indirectly employed by them, or anyone that they control or exercise
control over (collectively the "Liabilities") Contractor shall promptly advise
Owner in writing of any action, administrative or legal proceeding or
investigation as to which this indemnification may apply, and Contractor, at
Contractor's expense, shall assume on behalf of Owner (and the other
Indemnities) and conduct with due diligence and in good faith the defense
thereof with counsel satisfactory to Owner, provided, however, that Owner
shall have the right, at its option, to be represented therein by advisory
counsel of its own selection and at its own expense In the event of failure
by the Contractor to fully perform in accordance with this indemnification
paragraph, Owner, at its option, and without relieving Contractor of its
obligations hereunder, may so perform, but all costs and expenses so
incurred by Owner in that event shall be reimbursed by Contractor to Owner,
together with interest on the same from the date any such expense was paid
by Owner until reimbursed by Contractor, at the rate of interest provided to
be paid on judgments, under the laws of the State of Texas Tlus
indemnification shall not be limited to damages, compensation or benefits
payable under insurance policies, workers' compensation acts, disability
benefit acts or other employees' benefit acts
9 12 1 It is understood and agreed that Paragraph 9 12 above is subject to, and
Page 3 of 6
expressly limited by, the terms and conditions of TEX CIV PRACT &
REM COND ANN §§130 001-130 005 (Vernon Supp 1989), as amended
Contractor shall not be obligated under Paragraph 9 12 to indemnify or hold
harmless Engineer or an agent, servant, or employee of Engineer from
liability or damage that is caused by or results from gross negligence of the
Engineer in the rendition or conduct of professional duties called for or
arising out of the Contract Documents and the plans, designs or
specifications that are a part of the Contract Documents
9 12 3 It is agreed with respect to any legal limitations now or hereafter in effect
and affecting the validity or enforceability of the indemnification obligation
under this Paragraph 9 12, such legal limitations are made a part of the
indemnification obligation and shall operate to amend the indemnification
obligation to the mimmum extent necessary to bring the provision into
confomuty with the requirements of such lumtations, and as so modified, the
indemnification obligation shall continue in full force and effect
105 is hereby modified to include the following at the end of the paragraph
The Engineer (if the matter is referred to the Engineer for initial decision)
will review clauns and within ten (10) days after receipt of a claim will either
(i) reject the claim in whole or in part, (it) recommend approval of the claim
in whole or in part, (in) request the claimant provide additional information
in support of the claim, or (iv) suggest a compromise The Engineer's action
under the preceding sentence shall be reported to the Owner and the
Contractor If a claim is not resolved after consideration of the foregoing
and of any further evidence provided to the Engineer, the claimant shall be
entitled to pursue its chum in any lawful manner, subject to any limitations
contained in the Contract Documents Any recommendation of the Engineer
for the disposition of any claim shall not be binding on the Owner or the
Contractor
121 1 Owner agrees that its separate Contracts for both the utility work and the
paving work on the project shall contain conditions identical or substantially
similar to these, including those portions relating to insurance and waiver of
subrogation
142 Upon notification from the Contractor that the Work is ready to be reviewed
for Completion, the Owner and Engineer shall review the Work, and the
Engineer shall promptly prepare and submit to the Owner and the Contractor
a list of portions of the Work to be completed or corrected and shall report
such other qualifications and exceptions as the Engineer and Owner may
deem appropriate Within thirty (30) days after the issuance of such list,
Contractor shall remove, remedy, cure, correct or complete all items on the
list and all qualifications and exceptions contained therein Thereafter, the
Owner and Engineer shall review the work and upon determination by
Page 4 of 6
Engineer and Owner that completion has occurred, the Engineer shall issue a
letter that completion has occurred to the best of their knowledge
143 In the event that the work is delayed by strikes, lockouts, embargoes, acts of
God, national emergency, fires, unavoidable casualties or other causes
beyond the control of Contractor and not contributed to in any manner by
Contractor, the time for completion may be extended by the number of days
by which the work is so delayed, provided, no such extension shall be
granted unless Contractor shall have given Owner written notice of such
delay within three (3) days after commencement of such delay
144 Extension of the time for completion shall be Contractor's exclusive remedy
in the event of any delay caused by or resulting from any act or omission by
Contractor Contractor shall be entitled to receive no compensation for any
delay or hindrance to the work caused by or resulting from any act or
omission by Contractor
1452 Owner and Contractor agree that final completion (herein so called) shall be
achieved when this Agreement has been fully performed by Contractor, and
Contractor has delivered to Owner a final status letter from the City of
Denton stating that all utility work has been accepted Contractor shall have
fifteen (15) worlang days from the date that Contractor receives notice from
Engineer to proceed to achieve final completion (the "Final Completion
Date") If Contractor has not achieved final completion by the Final
Completion Date (75 working days), Contractor shall be assessed a penalty
of $450 00 for each day after the Final Completion Date for which
Contractor has not achieved Final Completion, with no maximum penalty
1453 Any lost working days shall be defined and accounted for by Engineer and
Owner or its representative and Contractor will be notified as necessary of
the status of the lost working day count If Contractor does not agree with
said lost working day count, a third party, agreeable to Owner and
Contractor, will be selected to make a final determination of actual lost
working days
1454 As used throughout this Contract, the term "working day" shall be defined to
mean any day not including Saturdays, Sundays or any legal holidays, in
which weather or other conditions, not under the control of the Contractor,
will permit hours between 7 00 am and 6 00 p in , provided, however, if in
any week there are less than five (5) "working days" as defined herein,
Saturday shall be included as a "working day", subject to the weather and
other conditions set forth herein
153 is hereby modified to include the following at the end of the paragraph
As a consideration of final completion acceptance, the Contractor shall
certify that all remaining work, the same being solely of a "punchlist" nature,
will be completed within thirty (30) consecutive calendar days or as agreed
upon following the date of final completion ("Final Completion")
Page 5 of 6
Notwithstanding the foregoing, the Owner may refuse to make payment on
any certificate of final completion or any Payment Recommendation letter
(including, without hmitation, the final Payment Recommendation Letter) for
any default of the Contractor The Owner shall not be deemed in default by
reason of withholding payment while any of such defaults remain accrued
203 Notwithstanding anything herem to the contrary, the Contractor's right to
terminate the Contract Documents shall always be subject and subordinate to
the right of any lender on the project to assume the position of Owner under
the Contract Documents
204 In addition to Owner's right to remove Contractor from any part of the work
pursuant to the Contract Document, Owner may, at any time, at will and
without cause, terminate any part of the work or any subcontract or all
remaining work for any reason whatsoever by giving seven (7) days' prior
written notice to Contractor specifying the work or subcontract to be
terminated If the work or any subcontract is so terminated, Owner shall
mcur no liability to Contractor by reason of such termination, (the basis for
such payment shall be as provided in the Contract Documents) and for costs
directly related to work theretofore and thereafter performed by Contractor
in terminating such work or subcontract including reasonable demobilization
and cancellation charges provided said work is authorized in advance by
Engineer and Owner No payment shall be made by Owner, however, to the
extent that such work or subcontract is, was or could have been terminated
under the Contract Documents or an equitable adjustment is made or denied
under another provision of the Contract Documents In case of such
termination, Owner will issue a Construction Change Directive or authorize
a change order in making any required adjustment to the date of Final
Completion and/or the Contract Sum For the part of the work terminated,
the applicable provisions of the Contract Documents shall continue in full
force and effect as to all work performed prior to the effective date of
termination For the remainder of the work, the Contract Documents shall
remain in full force and effect
205 Rights and remedies of Owner and Contractor under this Article 20 shall be
non-exclusive and shall be in addition to the cumulative of all other remedies
available to such parties at law or in equity, subject only to any express
limitation provided in this Agreement
217 Contractor agrees to indemnify and hold its partners harmless from and
against all claims, demands, causes of action and expenses (including, but
not limited to, court costs and attorney's fees) ansing out of or in connection
with the work performed by Contractor, notwithstanding any claims or
allegations by any party that Owner's negligence contributed to any such
indemmfied claim, demand, cause of action or expense
218 Contractor to provide, as an incidental cost, required city maintenance bond
EXHIBIT G
OWNER CERTIFICATION
STORM WATER POLLUTION PREVENTION PLAN
OWNER CERTIFICATION OF
STORM WATER POLLUTION PREVENTION PLAN
FOR OAKMONT II, SECTION I
The owner for the above named construction site is identified below and must sign
the following certification statement
Name of Owner Lennox Oak II, L.P.
Address 6116 N. Central Expwy, Suite 1313
Dallas, Texas 76206
Telephone Number (214) 696-9933
Certification Statement.
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gathered and evaluated the
information submitted Based upon my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief,
true, accurate and complete I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations °
This certification is hereby signed in reference to OAKMONT II, SECTION Is
Name GZ`NNO k OAK 11 LR
Signature-��.�s/
Ga'.Vniox 1W►/. /SIC. 6P
Page 1 of 1
Title A es
Date
EXHIBIT H
TEXAS SALES TAX EXEMPTION CERTIFICATE
I, the purchaser named above, claim an exemption from payment of sales taxes for the purchase
of taxable items described below or on the attached order or invoice from
Seller
Street address City, State, Zip code
Description of items to be purchased, Won the attached order or invoice
Purchaser claims this exemption for the following reason
I understand that I will be liable for payment of sales tax which
may become due for failure to comply with the provisions of the
state, city, metropolitan transit authority, city transit department
and/or county sales and use tax laws and Comptroller rules
regarding exempt purchases Liability for the tax will be
determined by the price paid for the taxable items purchased or
the fair market value for the penod of time used
I understand that it Is a misdemeanor to give an exemption
certificate to the seller for taxable Items which I know, at the
time of purchase, will be used in a manner other than that
expressed in this certificate and that upon conviction may be
fined not more than $500 per offense
sign ➢
here
Pum" Wr
NOTE This certificate cannot be issued for the purchase, lease or rental of a motor vehicle
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID
Sales and Use Tax °Exemption Numbers" or "Tax Exempt" Numbers do not exist
This certificate should be furnished to the supplier Do not send the completed certificate to the
Comptroller of Public Accounts
Page 1 of 1
... ,...... .,.
Aon Risk Serviaas of Texas NOLCE
2711 N. Haskell Ave.N800 L206 ALTER
Dallas, TA 75204
(214) 989-0000 !ax(214) 989-2580 OOMPAANY
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Kurray Construction CO., Inc- 0
515 No. &ealy Avenue �k+T
Lewisville, TR 75057
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