1995-160J:\WPDOCS\ORD\BID1788A.ORD
ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO ENTER INTO
WATER AND SEWER FACILITY COST PARTICIPATION AND WATER MAIN COST
pARTICIPATION AGREEMENTS AND A DEVELOPMENT CONTRACT AGREEMENT
BETWEEN THE DEVELOPER (WAL-MART STORES, INC.) AND THE CITY OF
DENTON FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OR IMPROVE-
MENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or improve-
ments in accordance with the procedures of State law and City
ordinances; and utilized these prices to determine the cost of
participation in the agreements; and
WHEREAS, in accordance with subchapter C, sections 212.071-
212.074 of the Texas Local Government Code and Chapter 34 of the
Denton City Code, the City desires to enter into certain Water and
Sewer Facility Cost Participation and Water Main Cost Participation
Agreements and a Development Contract with Wal-Mart Stores, Inc. to
provide 16-inch, 12-inch, and 8-inch water lines and an 8-inch
water main, as well as a 12-inch sewer line to improve various Wal-
Mart Stores, Inc. facilities within property located in the City
and to provide water and sewer services to said facilities, as well
as providing over-sized lines to expand the City's utility system
and to insure adequate utility services to other customers; and
WHEREAS, the City Manager or a designated employee has received
and recommended that the City's participation in the herein
described agreements is based upon the lowest responsible bids for
the construction of the public works or improvements described in
the bid invitation, bid proposals and plans and specifications
therein; and
WHEREAS, the City deems that it is in the public interest to
enter into these agreements which call for the City's cost parti-
cipation not to exceed Thirty Four Thousand Three Hundred Seventy
One Dollars and Sixteen Cents ($34,371.16) for the sewer lines, One
Hundred Four Thousand Five Hundred Fifty One Dollars and Ninety
Five Cents ($104,551.95) for the water lines, and Thirty-four
Thousand Nine Hundred Five Dollars ($34,905.00) for the water main,
which later amount is $17,566.86 based upon Bid Number 1788A for
Wal-Mart Stores, Inc.; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following total municipal participation in
the developer participation agreements for the construction of
public works and improvements, as described in the "Bid Invita-
tions'', "Bid Proposals", plans and specifications or cost partici-
pation agreements on file in the office the City's Purchasing Agent
filed according to the bid number assigned thereto, is hereby
accepted and approved as being based upon the lowest responsible
bids:
BID NI3MBER PARTICIPATION DEVELOPER PARTICIPATION
AMOUNT
1788A WAL-MART STORES, INC. $156,489.97
SECTION II. That the acceptance and approval of the cost
participation agreements shall not constitute a contract between
the City and the person submitting the bid for construction of such
public works or improvements. The developer (Wal-Mart Stores,
Inc.) shall award a contract to comply with all requirements
specified in the Notice to Bidders including the timely execution
of a written contract and furnishing of performance and payment
bonds, and insurance certificate after award of the bid.
SECTION III. That the Mayor is hereby authorized to execute
all necessary Water and Sewer Facility and Water Main Cost Partici-
pation Agreements and a Development Contract between the City of
Denton and Wal-Mart Stores, Inc. and all other contracts for the
implementation of the cost participation agreements for construc-
tion of the public works or improvements in accordance with the
bids referenced and considered herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid Propos-
als, and Documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and
specified sums contained therein as part of the cost participation
agreement.
SECTION IV. That upon acceptance and approval of the cost
participation agreements and the execution of contracts for the
public works and improvements as authorized herein, the City
Council hereby authorizes the expenditure of funds in the manner
and in the amount as specified in such approved cost participation
agreements and authorized contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~dday of ~~, 1995.
PAGE 2
THE STATE OF TEXAS § WATER AND SEWER FACILITY COST
PARTICIPATION A~REEMENTBETWEEN
THE CITY OF DENTON ANDWAL-MART
COUNTY OF DENTON § STORES, INC.
WHEREAS, Wal-Mart Stores,Inc., hereafter referred to as
"Developer, whether one or more, whose business address is 701 S.
Walton Blvd., Bentonville, Arkansas, 72716, wishes to develop and
improve certain real property located in the City of Denton, Texas,
or its extraterritorial jurisdiction, and is required to provide
such property with adequate water and sewer by designing, con-
structing and installing 16", 12" and 8" water lines and a 12"
sewer line to serve the subject property, hereafter referred to as
"required facilities", and
WHEREAS, the City of Denton, a municipal corporation
located at 215 E. McKinney, Denton, Texas, 76201, hereafter
referred to as "City", in accordance with its ordinances, wishes to
participate in the cost of the construction and installation of
said required facilities 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, Developer and City agree as follows:
1. Developer shall design, install and construct:
(A) A 12" inside diameter size sewer line of approxi-
mately nine hundred ninety (990) feet in length.
(B) A 16" inside diameter size water line of approxi-
mately three hundred fifty (350) feet in length.
(C) A 12" inside diameter size water line of approxi-
mately six hundred forty (640) feet in length.
(D) A 8" inside diameter size water line of approxi-
mately eight hundred twenty (820) feet in length.
and all necessary appurtenances thereto, located as shown on
Exhibit "A", attached hereto and incorporated herein by reference.
2. Prior to beginning construction of the oversized
facilities, Developer shall execute, as required by Chapter 34 of
the Code of Ordinances of the City of Denton a Development
Contract, substantially in the form of Exhibit "B" which is
COST PARTICIPATION AGREEMENT / WAL-MART STORES,INC. PAGE 1
incorporated as if written word for word herein and shall obtain,
at Developer's sole cost and expense, all necessary permits,
license, and easements. The deeds therefore obtained by Developer
shall be reviewed and approved as to form and substance by City
prior to beginning of construction. Any easements for the required
facilities obtained by the Developer shall be assigned to City, if
not taken in City's name, prior to acceptance of the required
facilities, and Developer warrants clear title to such easements
and will defend City against any adverse claim made against such
title. This Agreement is subject to and governed by the Develop-
ment Contract and all applicable sections of the Code of Ordinances
of the City of Denton.
3. (A) The City's share in the cost of the required
facilities based upon Resolution No. R95-032 of the City Council
dated June 20, 1995, shall be in an amount not to exceed:
(1) Thirty four thousand three hundred seventy one
dollars and sixteen cents ($34,371.16) for sewer
lines.
(2) One hundred four thousand five hundred fifty one
dollars and ninety five cents ($104,551.95) for
water lines.
(B) The City may elect one of the following methods to
determine the City's share of the cost:
(1) In the event that the City's participation in the
project is in excess of thirty percent (30%) of the
total contract price, in accordance with §212.072
(b) and §212.071 of the Texas Local Government Code
and §34-113 of the City Code, Developer shall pre-
pare plans and specifications and furnish them to
the City. City shall competitively bid the re-
quired lines and oversized facilities in accordance
with Chapter 252 of the Texas Local Government
Code. The City's cost shall be a proportion of the
lowest responsible bid, not to exceed the amounts
maintained herein.
(2) In the event that the City's participation in the
project is thirty percent (30%) or less of the
total contract price, Developer shall prepare plans
and specifications and contract for the improve-
ments with a qualified contractor who is acceptable
to the City to construct the required line and
oversized facilities. City shall pay the Developer
the least amount of the following:
(a) Thirty percent (30%) of the total contract
price as provided for in §212.072 of the Texas
COST PARTICIPATION AGREEMENT / WAL-MART STORES,INC. PAGE 2
Local Government Code; or
(b) The not to exceed amounts set forth herein.
(C) All amounts of the City's participation
hereunder shall be paid by way of reimbursement to the Developer
after the improvements have been constructed by Developer and
accepted by the City in accordance with the procedures established
in Chapter 34 of the City Code and in the Development Contract.
City shall not, in any case, be liable for any additional cost
because of delays in beginning, continuing or completing con-
struction; 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 required 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 required facilities.
4. Within thirty (30) days of the acceptance of the facil-
ities by the City, Developer shall submit to the City's Executive
Director of Utilities satisfactory documentation evidencing the
expenditures for the completion of the required facilities. Should
the actual cost of the required facilities be less than the cost on
which the City's share was determined, the City's share of the cost
shall be reduced proportionally, on a per linear foot basis, based
upon the difference of the actual cost of the required facilities
and the determined cost for required facilities. To determine the
actual cost of the required 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 required
facilities.
5. Within thirty (30) days of the date the Developer has
submitted satisfactory documentation of the actual cost of the
required facilities, City shall pay the Developer such amount in
full, a maximum of thirty four thousand three hundred seventy one
dollars and no cents ($34,371,16) for sewer lines and one hundred
four thousand five hundred fifty one dollars and ninety five cents
($104,551.95) for water lines for a total not to exceed one hundred
thirty eight thousand nine hundred twenty three dollars and eleven
cents ($138,923.11).
6. 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
Executive Director of Utilities for the City as the address given
above.
COST PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 3
7. Developer shall indemnify and hold City, its officers and
employees 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, contractor
or other persons with regard to the performance of this agreement,
and Developer will, at its own cost and expense, defend and protect
City against any and all such claims and demands.
8. If Developer does not begin substantial construction of
the required facilities within twelve (12) months of the effective
date of execution of this agreement, this agreement shall termi-
nate.
9. This instrument and the attached exhibits embody the
whole agreement of the parties hereto and there are no promises,
terms, conditions or obligations other than those contained herein.
This agreement shall supersede all previous communications,
representations or agreements, either verbal or written, between
the parties hereto.
10. This agreement shall not be assigned by Developer without
the express written consent of City.
11. Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of the contract, shall be
brought and maintained in a court of competent jurisdiction in
Denton County, Texas.
Executed this the ~day ~, !~95.
WAL-MAR~STORES, INC.
BY: __ ~'~ ~-- .
Y
CITY OF DENTON, TEXAS
BOB CASTLEBERRY ,~YO~
COST PARTICIPATION AGREEMENT / WAL-MART STORES,INC. PAGE 4 /
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
E: \WPDOCS\K\WATER&SE. WAL
COST PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 5
AAA00D97
FROJECT NO.
CONTRACT NO.
THE STATE OF TEXAS §
DEVELOP3~ENT CONTRACT
COUNTY OF DENTON S
Wal-Mart Stores, Inc.
Whereas,
hereafter rmferred to am "Owner," who~e business address is _ 701 S. Walton Blvd', Bentonville, AR 7271'6
is the owner of real property located in the corporate limits
the city of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as "city";
and
Whereas, as a condition to the ~beginning of construction of
said development, a development contr2ct is required to ensure that
al! streets, water and sewer lines, drainage facilitiem and o-~her
improvements which are to be dedicated to the public, hereafter
referred to as ,,Improvements," are ¢~struoted in accordance with
the city~ s ~pecifications, standards and ordinances; and
[select applicable pr~vi~ion as f~llows]
~ W~ereas, the cs~n~r elects to construct %he improvemen%g
without contracting with another party as prime contractor, in
which cass the provisions of ~him contract which refer to "owner"
or "Contractor" shall mean the Owner as named above; or
EXHIBIT B
~W-nereas, the Owner elects to make such Improvements hereafter
Del-Mac Construction Co.
set forth by contracting with -
, whose business address is
P. 0. Box 830160, Richardson. Tx 75083.., hereafter
referred to as "Contractor"; and
Whereas, owner and Contractor recognize that the city has an
interest in ensuring that the improvements subject to tkis
agreement, which will, upon completion znd acceptance by the City,
become public property, ar~ ~roperly constructed in accordance with
the city's specification~ and that payment is made therefor;
WITNESSETH
As to the Improvements to be dedicated to the public, as
specified in E~hibit A, attached hereto and incoz~porated by
reference, to be installed and constructed at
1515 South Loop 288, Denton, Texas 76201'
the owner, contractor and city, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants Of Co~tract~E. Contractor agrees as follows:
(a) Specifications. TO construct and install the
Improvement~ in accordance with the procedures, specifications and
standards contained in Division II and III of.the City's Standard
~pecifications for Publ.i~ work~ Construction, Norlt. h Central Texas,
as amended, and all addendums thermto, and all other regulations,
ordinances or specifications applicable to such ImproVements, such
PAGE
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 Enqineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide ell
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
specifications.
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work done or materials used
without suitable inspectionbythe City may be ordered removed and
replaced at Contractor's expense.
Upon failure of the Contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized 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.
PAGE 3
(c) Insurance. To provide for insurance in accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division' I of the Standard Specifications for
Public Works Construction, North Central Texas, as amended, the
provisions of which are expressly incorporated herein by reference;
provided, however, for purpose of this provision only, "Owner," as
used therein, shall mean the City of Denton.
(d) Means and Methods of Construction. That the means and
methods of construction shall be such as Contractor may choose;
subject, however, to the City's right to reject any Improvements
for which the means or method of construction does not, in the
judgment of the City Engineer, assure that the Improvements were
constructed in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow A~reement. That if building
permits are to be issued for the development prior to completion
and acceptance of all improvements that are to be dedicated to the
public, the following security requirements shall apply, unless the
development is a "one lot development," as defined by City's
Development Code:
(i) a performance bond in an amount not less than the
amount necessary to complete the Improvements, as
determined by the City Engineer, shall be submitted
guaranteeing 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; or,
PAGE 4
(ii) if the cost of completing the Improvements, at the
time building permits are requested, is in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
ensuring completion of the Improvements. Without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an amount not
less than one hundred percent (100%) of the
approximate total cost of the contract cost of the
Improvements, guaranteeing the full and proper
protection of all claimants supplying labor and
material for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized
to do business in the State of Texas; or,
(ii) if the total contract amount of all Improvements is
$50,000 or less, as determined by the City
Engineer, or the Improvements, regardless of the
contract amount, are for a "one lot development,"
as defined by City's Development Code, and a
payment bond has not been submitted in accordance
with (i) above, Owner and Contractor agree and
guarantee that any and all debts due to any person,
firm or corporation having furnished labor,
material or both in the construction of the
Improvements shall be fully paid and satisfied
before acceptance of the Improvements by the City
and that prior to acceptance of the Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a form provided by the City Engineer,
stating that all bids, charges, accounts or claims
for labor performed and material furnished in
connection with the construction of the
Improvements have been paid in full and that there
are no unreleased recorded liens filed against the
Improvements, or land to which they are affixed,
that are to be dedicated to the public.
That, upon the request of the City Engineer, Owner
or Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
PAGE 5
material for, the construction of the Improvements,
and, when requested, written statement from any or
each of such subcontractors or suppliers that they
have been paid in full.
(c) Retainage; Final Payments. [This provision (c) applies
only where the Owner and Contractor are not he same party.] That
as security for the faithful completion of the Improvements,
Contractor and Owner agree that the Owner shall retain ten percent
of the total dollar amount of the contract price until after final
approval or acceptance of the improvements by the City. The Owner
shall thereafter pay the Contractor the retainage, only after
Contractor has furnished to the Owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures or machinery furnished
for and used in the performance of the work have been paid or
otherwise satisfied.
(d) Encumbrances. That upon completion and approval or
acceptance of the Improvements of the City, the Improvements shall
become the property of the City free and clear of all 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,
PAGE 6
lien, charge or encumbrance, in favor of the City, to ensure
payment of such claim, lien, charge or encumbrance.
(e) Maintenance Bond.' That prior to approval or acceptance
of the Improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
percent (10%) of the contract amount of the Improvements, insuring
the repair and replacement of all defects due to faulty material
and workmanship that appear within one year from the date of
acceptance. The bond shall be in favor of the City and shall be
executed by an approved surety company authorized to do business in
the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the
operations of the Contractor, his agents, employees or
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 injury or
damage.
(g) Aareement 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.
PAGE 7
3. Occupancy; One Lot Developments. Owner further agrees as
follows:
(a) That Owner will not allow any purchasers, lessee, or
other person to occupy any building within the development until
all Improvements are completed and accepted by the City, and that
upon violation thereof will pay the City $3,000.00 as liquidated
damages, but such payment shall not be deemed approval of such
occupancy and the City may take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance with
this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees to
accept the Improvements.
5. Venue a~d Governinq Law. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venue shall
lie in Benton 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.
PAGE 8
6. _Successor and Assiqns. This contract shall be binding
upon and inure to the benefit of the-'Parties hereto, their
respective successors and assigns.
Executed in triplicate this ~~y of 0ctober , 1995
OWNER CONTRACTOR
WAL-MART STORES, INC. DAL-MAC CONSTRUCTION COM~ANY
Bradford Mc Junkin, President
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 9
EXHIBIT "A"
PROPOSED BRINKER ROAD, SPENCER ROAD AND ONSITE DRAINAGE IMPROVEMENTS TO SERVE
WAL-MART ADDITION 1515 SOUTH LOOP 255, DENTON, TEXAS
BRINKER ROAD. SPENCER ROAD AND ONSITE DRAINAGE IMPROVEMENTS
Brinker Road (paving and drainage improvements only; water/sewer in Brir~er Road right-of-way is included in Para.
I above)
A. Paving (asphalt or concrete) 6,000 SY $14.29 SY $85,740
B. Curb 3,545 LF S8.50 LF $30,133
C. Sidewalk
1,790 LF x 4' wide 795 SY $18.00 SY $14,310
D. Concrete Paving @ Median Noses 52 SY $18.00 SY $936
E. Storm Drain
18" RCP, Class III 355 LF $24.00 LF $8,520
21" RCP, Class III 207 LF $26.00 LF $5,382
24" RCP, Class III 54 LF $28.00 LF 51,512
30" RCP, Class II1 84 LF $42.00 LF $3,528
36" RCP, Class III 210 LF $55.00 LF $11,550
5' Curb Inlet 2 EA $1,600.00 EA $3,200
i0' Curb Inlet 3 EA $2,400.00 EA $7,200
5' Square Manhole 2 EA $2,600.00 EA $5,200
30" Type "B" Headwall 2 EA $1,200.00 EA $2,400
36" Type "B' Headwall 1 EA $1,400.00 EA $1,400
8"-12" Rook Riprap 80 SY $75.00 SY 56,000
Geotextile Fabric 80 SY S5.00 SY $400
F, Pavement Markings and Traffic Signage 1 LS $5,000.00 LS $5,000
G. "End of Road" Barricade 70 LF $25.00 LF $1,750
Spencer Road
A. Paving
Asphalt 2" Overlay 615 SY S6.61 SY S4,065
B. Storm Drain
24" RCP, Class IV 120 LF $28.00 LF S3,360
Double 24" Type "B" Headwall 2 EA $1,000.00 EA S2.000
Onsite Drainage Improvements (Brinker Road storm drain outfall headwalls and rock riprap included in "Brinker Road"
break-out above.
Excavation 20,000 CY S2.50 CY S50,000
Concrete Swale 6,200 SF S3.25 SF $20,150
Erosion Control 1 LS $5,000.00 LS $5,000
Outlet Structure 1 EA $2,600.00 EA $2,600
48" RCP, Class Ill (to outfall @ east property line) 261 LF $95.00 LF $24,795
48" Special Headwall and Baffled Outfall Apron 1 EA $2,600.00 EA S2,600
Riprap (10"-12" mortared rock) 165 SY S80.00 SY SI 3.200
Total Improvements S321,931
AAAO19DF
BOND NO. 15-84-87
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State-of Pennsylvania
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 Thraa hundred twenty one thousand
nine hundred thirty one and no/100 ($921,931.00
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 ~ the day of October , 19 95 , in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, 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, 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 bemade,
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, Rxtension 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 anywise 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 q~ day of
October , 19 95
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President ~TORNEY-IN-FACT
ATTEST: .~anice G. Cor~re~y
SECR .T y / U
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OFiCONTRACT.
PAGE TWO
~OkA019DF
BOND NO. 15-84-87
PROJECT NO. .~- ~
CONTRACT NO../~
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF DENTON
THAT DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite '1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of ?ennsylvania
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City", and unto all persons, firms and
corporations who may furnish materials for or perform labor upon
the buildings, structures or improvements referred to in the
attached contract, in the .penal sum of Three hundred twent~ one
thousand nine hundred thirty one and no/100
($ 321,931.00' - ) Dollars, lawful money of the United States,
to be paid in Denton, Denton County, Texas, for the payment of
which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the ~4k day of October , 1995 , in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
PAGE
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed its duties and make or cause
Contractor to make prompt payment to all persons, firms, sub-
contractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
Contract that may hereafter be made, notice of which modification
of the surety is hereby expressly waived, then this obligation
shall be void: Otherwise to remain in full force and effect.
Provided further, that if any legal action be filed upon this bond,
venue shall lie in Denton County, Texas.
AND THAT said Surety f~r 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 anywise 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 deemedan original, this the ~%% day
of October , 19 95 .. '
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
BY: ...- -" ,.~_, BY:, ~'~,'~c~ . ~'- ~ ~-~ ~.<., ~
Bradford Mc Junkin, President ~TORNEY-IN-FA~T ~
· Janice G. Correy
ATTEST:
NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
AAA019DF
BOND NO. 15-84-87
PROJECT NO. fl--iS
CONTRACT
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
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 Three hundred twenty one thousand
nine hundred thirty one and no/100 ($321,931.00
Dollars, lawful money of the United States, the said sum being ten
percent (10%) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the ~ day of October , 19 95 , in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PROPOSED PUBLIC IMPROVEM]~NTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
PAGE ONE
NOW, THEREFORE, if the Principal .shall well, truly, and
faithfully maintain and keep in good repair the work contracted to
be done and performed for a period of one (1) year from the date of
acceptance in writing by the City of Denton and do all necessary
work and repair of any defective conditions growing out- of or
arising from the improper work of the same, including, but not
limited to, any settling, breaking, cracking or other defective
condition of any of the work or part thereof arising from improper
excavation, backfilling, compacting or any other cause or condition,
known or unknown, at any time during the period of this bond, which
the city engineer, whose judgment shall be final and conclusive,
determines to be the result of defective work, materials or labor;
then this obligation shall be void, otherwise to remain in full
force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply such
materials as necessary and charge'~he sum against the said Principal
and Surety on this obligation.
It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive recoveries
may be had hereon for successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, 'and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any cause during said time.
PROVIDED, further, 'that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the ~ day
of October , 19 95
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION CO~[PANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President A~RNEY-IN-FACT ×/
Janice G. Correy
PAGE TWO
i'¢)x, VER ()F AT'I'()R~F '~
Pnnclpal Be, nd Offtcc '~ i"m¢ 5trc×q. qcv. , -'u -.. . : .
KNOW AI,L MEN BY THESE PRESE~q 5
That The lnsur~.n,e C'ompan} of Ihe Slal¢ nl ?,', ?,, ~. :.,,, Pennsylvama
~ B~c¢. Janic¢ G. ('orre). Domth~ x ~tc},, ~ ~,:h~ccn Day, PamelJa Mc~mor~':
~erebv
IN WITNESS WHEREOF, The lnsa~rance Om,pa:r, ,;I H~c State of Pennsylvama ha.~ cxc,4ncd these presents
Wilham'D Smuh.
STATE OF NEW YORK }
COUNTY OF NEW YORK}ss.
On th~s 21st of Scptem~r, 199~, ~fore me came the /j _.
a~ve named officer of The Insurance Company of the State
of Pen~'lvania to me ~rso~lly kno~ to ~ thc m&viduM ~Se~H ~.
and officer de~n~ hcrcm, and acknoalcdg~l Ih,ti he ~*~ Public. St~e o~ ~.,
executed the foregoing instrument and affixed Ibc M'dl of m~d No. 01'NO1652751
~hfled in We~tc,}e~e~ ~u~
co.ration Hlcrclo b~ author]tv :4 h:, a~cc ~mm ~i~ J*n. 3~, ,~.
CERTIFICATE
"RESOLVED, that ~e st~atur~ ~d a~ahomq ol such offi~e~ ~d ~e ~1 of~e C~y may ~ atfixed to ~lx such Po~
~gdo by hc~mHe, md ~v such pow~ of ~t~e5 or c~flicale ~mng such l~m~le si~atur~ ~ hc~mnle seal shall ~ vahd ~d binding
,l,ts ,~I
kA~.00D97
THE STATE OF TEXAS
DEVELOPMENT CONTRACT
COUNTY OF DENTON
Wal-Mart Stores, Inc.
Whereas,
hereafter r~ferred to as "Owner~" whose business address is
701 S. Walton Blvd., Benton~ille, AR 72716 ,
is the owner of real property located in the corporate limits of
the city of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
development must be perfonmed in accordance with the applicable
ordinances of the city of Denton, hereafter referred to a~ "City";
and
whereas, as a condition to the beginning of construction of
said development, a development contract is required to enshLrethat
all str~et~, water and sewer lines, drainage facilities and other
~mprovements which are to be dedicated to the public, hereafter
refer~ed to as "Improvements," are constructed in accordance with
%he city's specifications, standards and ordinances; and
[select applicable provision as follows]
~ Whereas, the owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which cas8 the provisions of thi~ contract which refer to
or "Con~ractor" shall ~ga~ the Owner as named above; or
~7~ whereas, the Owner elects to make such Improvements hereafter
Del-Mac Construction Co.
set forth by contracting with
_., whose business address is
P. 0. Box 830160, Richardson, Tx 75083.., hereafter
referred to as "Contractor"; and
Whereag, owner and Contractor recognize that the city has an
interest in ensuring that the improvements subject to this
mgreement, which will, upon completion and acceptance by the City,
beoome public property, ar~ properly constructed in accordance with
the city's specifications and that pa~rment is made therefor;
WITNESSETM
As to the Improvements to be dmdicated to the public, as
specified in Exhibit A, attached hereto and incoznporated by
reference, to be installed and const~cted at
1515 South Loop 288, Denton, Texas 76201
the OWner, contractor and city, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants Of contracton. Contractor ap~rees as follows:
(a) Specific~tions. TO construct and install the
Improvements in accordance with the procedures, specifications and
standards contained in Division II and III of the City's standar~
~pecifications for Publi~ works construction, NOrlt_h Central Texas.,
as =mended, 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 Enqineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
specifications.
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work done or materials used
without suitable inspection by the City may be ordered removed and
replaced at Contractor's expense.
Upon failure of the Contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized 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.
PAGE 3
(c) Insurance. To provide for insurance in accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division' I of the Standard Specifications for
Public Works Construction, North Central Texas, as amended, the
provisions of which are expressly incorporated herein by reference;
provided, however, for purpose of this provision only, "Owner," as
used therein, shall mean the City of Denton.
(d) Means and Methods of Construction. That the means and
methods of construction shall be such as Contractor may choose;
subject, however, to the City's right to reject any Improvements
for which the means or method of construction does not, in the
judgment of the City Engineer, assure that the Improvements were
constructed in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) performance Bonds; Escrow Agreement. That if building
permits are to be issued for the development prior to completion
and acceptance of all improvements that are to be dedicated to the
public, the following security requirements shall apply, unless the
development is a "one lot development," as defined by City's
Development Code:
(i) a performance bond in an amount not less than the
amount necessary to complete the Improvements, as
determined by the City Engineer, shall be submitted
guaranteeing 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; or,
PAGE 4
(ii) if the cost of completing the Improvements, at the
time building permits are requested, is in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
ensuring completion of the Improvements. Without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an amount not
less than one hundred percent (100%) of the
approximate total cost of the contract cost of the
Improvements, guaranteeing the full and proper
protection of all claimants supplying labor and
material for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized
to do business in the State of Texas; or,
(ii) if the total contract amount of all Improvements is
$50,000 or less, as determined by the City
Engineer, or the Improvements, regardless of the
contract amount, are for a "one lot development,"
as defined by City's Development Code, and a
payment bond has not been submitted in accordance
with (i) above, Owner and Contractor agree and
guarantee that any and all debts due to any person,
firm or corporation having furnished labor,
material or both in the construction of the
Improvements shall be fully paid and satisfied
before acceptance of the Improvements by the City
and that prior to acceptance of the Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a form provided by the City Engineer,
stating that all bids, charges, accounts or claims
for labor performed and material furnished in
connection with the construction of the
Improvements have been paid in full and that there
are no unreleased recorded liens filed against the
Improvements, or land to which they are affixed,
that are to be dedicated to the public.
That, upon the request of the City Engineer, Owner
or Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
PA~R K
material for, the construction of the Improvements,
and, when requested, written statement from any or
each of such subcontractors or suppliers that they
have been paid in full.
(c) Retainaqe; Final Payments. [This provision (c) applies
only where the Owner and Contractor are not he same party.] That
as security for the faithful completion of the Improvements,
Contractor and Owner agree that the Owner shall retain ten percent
of the total dollar amount of the contract price until after final
approval or acceptance of the improvements by the city. The Owner
shall thereafter pay the Contractor the retainage, only after
Contractor has furnished to the Owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures or machinery furnished
for and used in the performance of the work have been paid or
otherwise satisfied.
(d) Encumbrances. That upon completion and approval or
acceptance of the Improvements of the City, the Improvements shall
become the property of the City free and clear of all 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,
PAGE 6
lien, charge or encumbrance, in favor of the City, to ensure
payment of such claim, lien, charge or encumbrance.
(e) Maintenance Bond.' That prior to approval or acceptance
of the Improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
percent (10%) of the contract amount of the Improvements, insuring
the repair and replacement of all defects due to faulty material
and workmanship that appear within one year from the date of
acceptance. The bond shall be in favor of the City and shall be
executed by an approved surety company authorized to do business in
the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the
operations of the Contractor, his agents, employees or
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 injury or
damage.
(g) Aqreement 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.
PAGE 7
3. Occupancy; One Lot Developments. Owner further agrees as
follows:
(a) That Owner will hot allow any purchasers, lessee, or
other person to occupy any building within the development until
all Improvements are completed and accepted by the City, and that
upon violation thereof will pay the City $3,000.00 as liquidated
damages, but such payment shall not be deemed approval of such
occupancy and the City may take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance with
this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees to
accept the Improvements.
5. Venue and Governing Law. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venue shall
lie in Denton County, Texas. The terms and provisions of this
contract shall be construed in accordance with the laws and court
decisions of the State of Texas.
PAGE 8
6. Successor and Assiqns. This contract shall be binding
upon and inure to the benefit of the "parties hereto, their
respective successors and assigns.
Executed in triplicate this ay of October
.. , 1995
OWNER~__~_~ CONTRACTOR
WAL-MAR~ .~ DAL-MAC CONSTRUCTION COMPANY
~1 / / Bradford Mc Junkin, President
CITY OF DENTON, TEXAS
M/~NAGER -
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 9
EXHIBIT "A"
PROPOSED PUBLIC WATER AND SEWER UTILITIES IMPROVEMENTS TO SERVE
WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS
WATER AND SEWER UTILITIES
A. Sanitary Sewer
12' PVC SDR35 2,620 LF $17.00 LF $44.540
8" PVC SDR35 345 LF $15.00 LF $5,175
Manhole 10 EA $2,600.00 EA $26,000
Manhole over Existing Line @ Spencer Road 1 EA $4,000.00 EA $4,000
B. Water (all of Lines A, B, C, D and E, excluding the domestic and irrigation service lines.
16" C-900 PVC 365 LF $36.00 LF $13,140
12" C-900 PVC 2,371 LF $21.00 LF $49,791
8" C-900 PVC 3,412 LF $15.00 LF $51,180
6" C-900 PVC 300 LF $14.00 LF $4,200
Fire Hydrant 14 EA $1,600.00 EA $22,400
16' Gate Valve 2 EA $4,000.00 EA $8,000
12" Gate Valve 5 EA $950.00 EA $4,750
8" Gate Valve 10 EA $600.00 EA $6,000
6n Gate Valve 14 EA $500.00 EA $7,000
3" Gate Valve 2 EA $400.00 EA $800
Cast Iron FiRings 3.5 TON $3,500.00 TON $12,250
20"x16' Gifford Hill Concrete Pipe Tap 1 EA $5,000.00 EA S5,000
24' Bore and Casing 85 LF $180.00 LF $15,300
Water Meter (3" Compound) I EA $8,500.00 EA $8,500
Water Meter (2" Turbo) 1 EA $1,000.00 EA S1,000
Backflow Preventer (2") 1 EA $1,000.00 EA SI.000
Thrust Bloelc I0 CY $200.00 CY S2.000
Total Improvements $292,026
AAAO19DF
BOND NO. 15-84-85
PROJECT NO. ~2
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of. Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called "City" in the penal sum of
Two hundred ninety two thousand twenty six & 00/100 ($~292,026.00 )
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 9~ the day of October , 19 95 in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, 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 agreement's 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, 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 bemade,
notice of which modifications to the surety being hereby ~aived;
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, Rxtension of time, alteration oraddition
to the terms of the contract, or to the work performed thereunder,
or the Plans, Specifications, Drawings, etc., accompanying the same
shall in anywise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
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 ~ day of
October , 19 95 .. '
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
BY: .... BY: ~ .~_h~. ". C~ ).~
Bradford Mc Junkin, President ~T. ORNEY_IN_FACT /
ATTEST: ~nice G. Correy '
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
AAA019DF
BOND NO. 15-84-85
PROJECT NO.
CONT CT NO.
PAYMENT BOND
THE STATE OF TEXAS §
COUNTY OF DENTON §
THAT DAL-MAC CONSTRUCTION COMPANY
111 West. Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
and authorized to do business in the State of Texas, hereinafter
call'ed "Surety", are held and firmly bound unto the city of Denton,
Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City", and unto all persons, firms and
corporations who may furnish materials for or perform labor upon
the buildings, structures or improvements referred to in the
attached contract, in the penal sum of Two hundred ninety two thousand
twenty six and no/100
($ 292,026.00 ) Dollars, lawful money of the United States,
to be paid in Denton, Denton County, Texas, for the payment of
which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated %he ~{~ day of October , 1995 , in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-M~RT ADDITION
1515 South Loop 288, Denton, TX
PAGE ONE
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed its duties and make or cause
Contractor to make prompt payment to all persons, firms, sub-
contractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
Contract that may hereafter be made, notice of which modification
of the surety is hereby expressly waived, then this obligation
shall be void: Otherwise to remain in full force and effect.
Provided further, that if any legal action be filed upon this bond,
venue shall lie in Denton County, Texas.
AND 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 anywise 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 ~ day
of October , 19 95 ..
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Janice G. Correy
ATTEST:
/
NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
NOW, THEREFORE, if the Principal -.shall well, truly, and
faithfully maintain and keep in good repair the work contracted to
be done and performed for a period of one (1) year from the date of
acceptance in Writing by the City of Denton and do all necessary
work and repair of any defective conditions growing out. of or
arising from the improper work of the same, including, but not
limited to, any settling, breaking, cracking or other defective
condition of any of the work or part thereof arising from improper
excavation, backfilling, compacting or any other cause or condition,
known or unknown, at any time during the period of this bond, which
the city engineer, whose judgment shall be final and conclusive,
determines to be the result of defective work, materials or labor;
then this obligation shall be void, otherwise to remain in full
force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply such
materials as necessary and charge~.the sum against the said Principal
and Surety on this obligation.
It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive recoveries
may be had hereon for successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, 'and it is further understood that the obligation to
maintain said work shall continue throughout Said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any ~se during said time.
PROVIDED, further, 'that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which~shall be deemed an original, this the ~4~ day
of October , 19 95
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
'Bradford Ma 3unkin, President AT~. RNEY-IN-FACT /
3~nice G. Correy
PAGE TWO
AAA019DF
BOND NO. 15-84-85
PRO:ECT NO.
COHT CT HO.
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
CODqqTY OF'DENTON
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-01~60
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPAN~ OF THE STATE OF PENNSYLV~-NIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
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 Two hundred ninety two thousand
twenty six and no/100 .... ($ 292,026.00 )
Dollars, lawful money of the United States, the said s%um being ten
percent (10%) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally.
THE condition of this Obligation is such that:
W~ERF~S, the PrinciPal entered into a certain contract with
Owner, dated the o~ day of October , 19 95, in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of: · PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
PAGE ONE
POWER OF ATTORNEY
The Insurance Company of the State of Pennsylvania
Prinopal Bond Office: 70 Pine Street..',,lev, York. N Y Io270 '% q'?:~[~!!?_~/,
KNOW ALL MEN BY THESE PRESENTS:
That The Insurance Company of the Stale of Pcntks3jlvama. a Pennsylvania corporanon, docs hereby, appo.tl
---Joe Bruce, Janice G. Correy, Dorothy Valek, Kathleen Day, Pamelia McLemore: of Dallas, Texas--
its true and lawful Attorney(s)-in-Fact, w~th gull authority to execute on ~ts behalf bonds, undertak,ngs, rccogm,*.ances and other
contracts of mdemmty and writings obhgatoD in ibc nature thereof, issued tn thc coursc of ils business, and to brad lhc cotnpan)
thereby
IN WITNESS WHEREOF, The Insurance Compan5 of the State of Pennsylvania has executed these presents
O this 21 st day of September, 199~4
William D Smith, Prestdcn~
STATE OF NEW YORK }
COUNTY OF NEW YORK}ss.
On this 21st of September, 1994, before me came the
above named officer of The Insurance Company of the State
of Pennsylvania, to me personally known to be the individual *JOsE~,H t (J ~ ~ ~ - 0 0
and officer described herein, and acknowledged that he I~.v Public. StateNOZZOl'lOof ~lw ¥o~
executed the foregoing instrument and affixed the seal of said No. 01'NO~652754
,~lified in W~stchester
corporation thereto by authority or his omce.
CERTIFICATE
Excerpts of Resolutloo ~k~IRed by the Board of Dtr~ctors of Tbe Insurance Company of the State of Pennsylvania, on May 18, 1976.
"RESOLVED, that thc Chairman of the Board, the President, or any Vice President be. and hereby ts, authorized to appoint Aaomeys-m-Facl to represem and aa llx aid
on behalf of the Company to execute bonds, undertakings, recogniZances and other conl~ac~ of indenmity md writings obligatory in the nature therco£, and to attach thereto
the coq~orate seal oftbe Company, in the transaction of its sureV¢ business;
"RESOLVED, thai tl~ signatures and attestations of such officers and the seal of fha Con,any m~ty be affixed to may such Power of Attorney or to a.ny certtficate relating
thereto by f~csimile, and any such Power of A.~orney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so
Mfixed with respect to any bond. undert~ing, recognizance o¢ other contrac't of in&,mainty or writing obligato,,¥ in the nature thereo£;
'RESOLVED, ttm any such Attorney-m-Fact delive~qng a secretarial ce'aification thai the foregoing resolutions still be in effect may inse~ m such cea~fication the da~e
thereof, said date lo be not later than the date of delivery, thereof by such Atlornsy-in-Fact."
i, Eltzabeth M Tuck Secretary of Tbe Insurance Company ot'the State of Pennsylvania. do hereby certify thai the foregoing exceq¢~ of Resolutaon adopted Fly the ~a~d of
D~reclors of this corporation, mad the Power of Allocaey ~sxued [~tlyslla~l! theretO, ate [Fue and cl'wr~'~ and that both the Resolulton and the Po,.~'cr o£ .Mtocney are m
and effeci
IN WITN ESS WHEREOF, I have hereunto set mx h,md and allixed the t~cs~mfi¢ seal of the corp,)ration
this day of .... , 19 _
EhT. abelh M Tuck. Secretary
A~-00D97
PROJECT NO. ~
No.
THE STATE OF TEXAS
DEVELOPMENT CONTRACT
COUNTY OF DENTON
Wal-Mart Stores, Inc.
Whereas,
hereafter r~ferred to as "Owner," who~e business address is __
701S. Walton Blvd., BenEon~ille, AR 72716 ,
is the owner of real property located in the corporate limits of
the city of Denton, or its extraterritorial jurisdiction; and'
Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as "City";
and
Whereas, as a condition to the Deginning of construction of
said development, a development contract is required to ensure that
all streets, water and sewer lines, drainage facilities and other
improvements which ar~ 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]
~ Whereas, the Owner elects to construct the Improvementm
without contracting with another party as prize contractor, in
which case the provisions of thi$ contract which refer to "owner"
or "Contractor" shall mean the Owner as named above; or
~ Whereas, the O~ner elects to make such Improvements hereafter
Del-Mac Construction Co.
set forth by contracting with
.., whose business address is
P. 0. Box 830160, Richardson, Tx 75083 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 znd acceptance by the City,
become public property, ar~ ~roDerly 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
1515 South Loop 288, Denton, Texas 76201
the Owner, contractor and city, in consideration of their mutual
promises and cov~_nants contained herein, agree as follows:
1. Covenants Of contractor. Contractor a~rees as follows:
(a) Specific~tions, To conmtruct and install the
Improvements in accordance with the procedures, specifications and
standards contained in Division II and III of.the Ci_~'s stand~
~pecifiDations for PubliQ Works Construction, Nor2t_h central Te×a~,
as amended, and all addendums thereto, and all other requlations,
ordinances or specifications applicable to such Improvements, such
PAGE
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 Enqineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
specifications.
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work done or materials used
without suitable inspection by the City may be ordered removed and
replaced at Contractor's expense.
Upon failure of the Contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized 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.
PAGE 3
(c) Insurance. To provide for insurance in accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division' I of the Standard Specifications for
Public Works Construction, North Central Texas, as amended, the
provisions of which are expressly incorporated herein by reference;
provided, however, for purpose of this provision only, "Owner," as
used therein, shall mean the City of Denton.
(d) Means and Methods of Construction. That the means and
methods of construction shall be such as Contractor may choose;
subject, however, to the City's right to reject any Improvements
for which the means or method of construction does not, in the
judgment of the city Engineer, assure that the Improvements were
constructed in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Aqreement. That if building
permits are to be issued for the development prior to completion
and acceptance of all improvements that are to be dedicated to the
public, the following security requirements shall apply, unless the
development is a "one lot development," as defined by City's
Development Code:
(i) a performance bond in an amount not less than the
amount necessary to complete the Improvements, as
determined by the City Engineer, shall be submitted
guaranteeing 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; or,
PAGE 4
(ii) if the cost of completing the Improvements, at the
time building permits are requested, is in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
ensuring completion of the Improvements. Without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an amount not
less than one hundred percent (100%) of the
approximate total cost of the contract cost of the
Improvements, guaranteeing the full and proper
protection of all claimants supplying labor and
material for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized
to do business in the State of Texas; or,
(ii) if the total contract amount of all Improvements is
$50,000 or less, as determined by the City
Engineer, or the Improvements, regardless of the
contract amount, are for a "one lot development,"
as defined by City's Development Code, and a
payment bond has not been submitted in accordance
with (i) above, Owner and Contractor agree and
guarantee that any and all debts due to any person,
firm or corporation having furnished labor,
material or both in the construction of the
Improvements shall be fully paid and satisfied
before acceptance of the Improvements by the City
and that prior to acceptance of the Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a form provided by the City Engineer,
stating that all bids, charges, accounts or claims
for labor performed and material furnished in
connection with the construction of the
Improvements have been paid in full and that there
are no unreleased recorded liens filed against the
Improvements, or land to which they are affixed,
that are to be dedicated to the public.
That, upon the request of the City Engineer, Owner
or Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
PAGE 5
material for, the construction of the Improvements,
and, when requested, written statement from any or
each of such subcontractors or suppliers that they
have been paid in full.
(c) Retainaqe; Final Payments. [This provision (c) applies
only where the Owner and Contractor are not he same party.] That
as security for the faithful completion of the Improvements,
Contractor and Owner agree that the Owner shall retain ten percent
of the total dollar amount of the contract price until after final
approval or acceptance of the improvements by the City. The Owner
shall thereafter pay the Contractor the retainage, only after
Contractor has furnished to the Owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures or machinery furnished
for and used in the performance of the work have been paid or
otherwise satisfied.
(d) ~nces. 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,
PAGE 6
lien, charge or encumbrance, in favor of the City, to ensure
payment of such claim, lien, charge or encumbrance.
(e) Maintenance Bond.' That prior to approval or acceptance
of the Improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
percent (10%) of the contract amount of the Improvements, insuring
the repair and replacement of all defects due to faulty material
and workmanship that appear within one year from the date of
acceptance. The bond shall be in favor of the City and shall be
executed by an approved surety company authorized to do business in
the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the
operations of the Contractor, his agents, employees or
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 injury or
damage.
(g) Aareement Controllinq. 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.
PAGE 7
3. Occupancy; One Lot Developments. Owner further agrees as
follows:
(a) That Owner will not allow any purchasers, lessee, or
other person to occupy any building within the development until
all Improvements are completed and accepted by the city, and that
upon violation thereof will pay the City $3,000.00 as liquidated
damages, but such payment shall not be deemed approval of such
occupancy and the City may take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance with
this contract.
4. Covenants of city. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees to
accept the Improvements.
5. Venue and Governinq Law. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venue shall
lie in Denton County, Texas. The terms and provisions of this
contract shall be construed in accordance with the laws and court
decisions of the State of Texas.
PAGE 8
6. Successor and Assiqns. This contract shall be binding
upon and inure to the benefit of the parties hereto, their
respective successors and assigns·
Executed in triplicate this day of October , 1995
OWNER CONTRACTOR
WAL-MART_~STO~_~ . DAL-MAC CONSTRUCTION COMPANY
~,,5~t~+~e pf~ Bradford Mc Junkin, President
CITY ~ TEXAS . ·
· CITY ~MANAGER - y
ATTEST: ~/~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:'
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 9
EXHIBIT "A"
PROPOSED LOOP 285 IMPROVEMENTS TO SERVE
WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS
PROPOSED LOOP 2~g IMPROVEMENTS
A. Paving
Asphalt (including three driveway
replacements) 1-1/2" Type "C" 3,950 SY $2.99 SY $11,811
7-1/2" Type "A" 7,160 SY $14.85 SY $106,326
Concrete Approaches for Brinker Road
and Wal-Mart center drive 630 SY $21.15 SY $13,325
6" Lime Stabilization 4,800 SY $2.86 SY $13,728
Concrete Median 966 SY $18.00 SY $17,388
B. Sidewalk (adjacent to Loop 288
Wal-Mart frontage) 650 LF x 4' wide 290 SY $18.00 SY $5,220
C. Pavement Marking and Signs
Remove Pavement Markings 1 LB $5,000,00 LB $5,000
D. Culverts
21" RCP, Class III 90 LF $26.00 LF $2,340
18" RCP, Class 111 99 LF $24.00 LF $2,376
24" RCP, Class III 23 LF $28.00 LF $644
18" Safety End Treatment 6 EA $1,200.00 EA $7,200
21" Safety End Treatment 2 EA $1.200.00 EA $2,400
Type ~H" Horizontal Inlet I EA $3,000.00 EA $3,000
E. Signalization (per signalization plans package) 1 LB $68,000.00 LB $68,000
for Loop288 at Spencer Road intersection
F. ConstmctionTraffic Control 1 LS $3,825.00 LB $3,825
G. Hydromuleh Seeding (includes Wal-Mart side only,
all disturbed non-paved right-of-way) 5,550 SY $0.36 SY $1,998
H. Roadway Excavation 1,850 CY $3.40 CY $6,475
I. Sawcut and Remove Existing Paving 450 SY $4.50 SY $2.02_5
Total Improvements $273,081
AAAO19DF
BOND NO. 15-84-86
PRO ECT O.
C0 T CT
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OFT HE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
and authorized to do business in the State of Texas, h~reinafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called "City" in the penal sum of Two hundred seventy three thousand
eighty one and no/100 ($ 273,081.00
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 %~ the day of October , 19 95 , in the
proper performance of which the'" City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof
for the construction of: '
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, 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, 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 bemade,
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, Rxtension 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 anywise 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..~% day of
October , 19 95 .
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANYOF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President A~,~ORNEY--I~-FACT /~
ATTEST: J~nice G. Corre. y ' '
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
AAA019DF
BOND NO. 15-84-86
P OJECT NO.
CONTACT NO.,
PAYMENT BOND
THE STATE OF TEXAS §
COUNTY OF DENTON §
THAT DAL-MAC CONSTRUCTION COMPANY
ill West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called principal and
THE INSURA/~CE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700LDallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
and authorized to do business in the State of Texas, h~reinafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City", and unto all persons, firms and
corporations who may furnish materials for or perform labor upon
the buildings, structures or improvements referred to in the
attached contract, in the penal sum of Two hundred seventy three
thousand eighty one and no/100
($..273.081.00 ) Dollars, lawful money of the United States,
to be paid in Denton, Denton County, Texas, for the payment of
which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally.
THE Condition of this Obligation is such that:
W~EREAS, the Principal entered into a certain contract with
Owner, dated the (%%k day of October , 1995 , in the
proper performance of which th~ City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
PAGE ONE
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed its duties and make or cause
Contractor to make prompt payment to all persons, firms, sub-
contractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
Contract that may hereafter be made, notice of which modification
of the surety is hereby expressly waived, then this obligation
shall be void: Otherwise to remain in full force and effect.
Provided further, that if any legal action be filed upon this bond,
venue shall lie in Denton County, Texas.
AND 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 anywise 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 deemedan original, this the ~ day
of October , 19 95 .. '
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President ATTORNEY-IN-FACT
ATTEST: .~3anice G. Correy
SECRETARY
NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
AAA019DF
BOND NO. 15-84-86
PROJECT NO. fy
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O..Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and fizl~ly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called "City" in the penal sum of Two hundred seventy three thousand
eighty one and no/100 ($273~081.00
Dollars, lawful money of the United States, the said sum being ten
percent (10%) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the ~ day of October _, 19 95, in the
proper performance of which the 'City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
PAGE ONE
NOW, THEREFORE, if the Principal ~shall well, truly, and
faithfully maintain and keep in good repair the work contracted to
be done and performed for a period of one (1) year from the date of
acceptance in writing by the City of Denton and do all necessary
work and repair of any defective conditions growing out. of or
arising from the improper work of the same, including, but not
limited to, any settling, breaking, cracking or other defective
condition of any of the work or part thereof arising from improper
excavation, backfilling, compacting or any other cause or condition,
known or unknown, at any time during the period of this bond, which
the city engineer, whose judgment shall be final and conclusive,
determines to be the result of defective work, materials or labor;
then this obligation shall be void, otherwise to remain in full
force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply such
materials as necessary and charge~..the sum against the said Principal
and Surety on this obligation.
It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive recoveries
may be had hereon for successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, 'and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any cause during said time.
PROVIDED, further, 'that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original this the ~ day
of Octob~ , 19 95 '
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President ~.0RNEY-IN-FACT/"
3~nice G. Correy
PAGE TWO
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON AND WAL-MART STORES, INC.
WHEREAS, Wal-Mart Stores, Inc., hereafter referred to as
"Developer," whose business address is 701 S. Walton Blvd.,
Bentonville, Arkansas 72716, wishes to develop and improve certain
real property named Wal-Mart Addition (as shown in Exhibit I,
attached hereto and incorporated herein by reference), located in
the City of Denton, Texas or its extraterritorial jurisdiction, and
is required to provide such property with adequate water capacity
by designing, constructing and installing a water main of a minimum
inside diameter of eight inches (8"), hereafter referred to as
"required facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 East McKinney, Denton, Texas 76201, hereafter
referred to as "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, Developer and City agree as follows:
1. Developer shall design, install and construct a twelve in-
ch (12") water main and all necessary appurtenances thereto,
hereafter referred to as "oversized facilities,", located 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 has entered into a Development
Contract prior to beginning construction of the oversized facili-
ties. This Development Contract is attached hereto as Exhibit II
and incorporated herein by reference. This Agreement is subject to
and governed by this Development Contract and any other applicable
ordinances of City.
3. Prior to beginning construction of the oversized facili-
ties, 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 begin-
ning of construction. If Developer is unable to acquire needed
easements, Developer shall provide City with any requested documen-
tation 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
WATER MAIN PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 1
Developer shall be assigned to City, if not taken in City's name,
prior to acceptance of the oversized facilities, and Developer war-
rants 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 Seventeen Thousand Five Hundred Sixty-six Dollars and
Eighty-six Cents ($17,566.86). 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 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 over-
sized 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;
(2) Thirty percent of the bid on the oversized
facilities, as provided for in §212.072 of the
Texas Local Government Code; or
(3) $17,566.86, the maximum participation cost al-
lowed herein.
City shall not, in any case, be liable for any additional cost
because of delays in beginning, continuing or completing construc-
tion; 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. Within thirty (30) days of the acceptance of the facili-
ties by City, Developer shall submit to City's Director of Utili-
ties the actual cost of the oversized facilities. Should the
actual cost of the oversized facilities be less than the cost upon
which City's share was determined, City's share of the cost shall
be reduced proportionally, on a per linear foot basis, based upon
WATER ~4AIN PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 2
the difference of the actual cost of the oversized facilities and
the determined cost for required facilities. 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 summit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the over-
sized facilities.
6. Within sixty (60) days of the date Developer submits sat
isfactory documentation of the actual cost of the oversized facili-
ties, as determined by City, City shall pay to Developer City's
share of the cost thereof.
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
Director of Utilities for City at the address given above.
8. Developer shall indemnify and hold City, its officers and
employees, 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, contrac-
tors or other persons with regard to the performance of this
agreement, and Developer will, at its own cost and expense, defend
and protect City, its officers and employees, 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 termi-
nate.
10. This instrument embodies the whole agreement of the par-
ties hereto and there are no promises, terms, conditions or obliga-
tions other than those contained or incorporated herein. This
agreement shall supersede all previous communications, representa-
tions or agreements, either verbal or written, between the parties
hereto.
11. This agreement shall not be assigned by Developer without
the express written consent of City.
12. Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this agreement, shall be
brought and maintained in a court of competent jurisdiction in
Denton County, Texas.
WATER MAIN PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 3
WAL-MART STORES, INC.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
E: \WPDOCS\K\WALMRT. ~
WATER F~AIN PARTICIPATION AGREEMENT / WAL-MART STORES, INC. PAGE 4
AAA00D97
THE STATE OF TEXAS §
DEVELOPMENT CONTRACT
COUNTY OF DENTON §
Wal-Mart Stores, Inc.
Whereas,
hereafter r~ferred to as "Owner," whose business address is _
701 s. Walton Blvdl, Bentonv~lle, AR 72716 ,
is the owner of real property located in the corporate limits of
the city of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
development must be performed in a¢~ordance with the applicable
ordinances of the city of Denton, hereafter referred to a~ "city";
and
Whereas, as a condition to the .beginning of construction of
said development, a development contract is required to ensure that
all streets, water and sewer lines, drainage facilities and o-~her
4mprovements which are to be dedicated to the public, hereafter
referred to as "Improvements," are co~stru~ted in accordance with
the city's specifications, standard~ and ordinances; and
[select applicable provision as follows]
~ W~ereas, the Qw~.er elect~ to construct the improvements
without contracting with another party as prime contractor, in
which cass the provisions ~f this contract which refer to "owner"
or "Contractor" shall mean the Owner as named above; or
EXHIBIT II
~Whereas, the Owner elects to make such Improvements hereafter
Del-Mac Construction Co.
set forth By contracting ~ith --
, ,, whose business address is
P. 0. Box 830160, Richardson, Tx 75083.., 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 t_he City,
become public property, ar~ properly constructed in accordance with
the city's specifications and t~at payment is made therefor;
WITNESSETH
As t= the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incol~porated by
reference, to be installed and conatl~/cted at
1515 South Loop 288, Denton, Texas 76201'
the Owner, contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants Of contracto.~. Contractor agrees as follows:
(a) Specific~t~ons. TO construct and install th~
Improvements in accordance with the p~ocedures, specifications and
standards contained in Division II and III of.the C_ity's Standar~
~pecifications ~or Publ.io Work~ Con~t~/ction, Nor~c.h Central Te×a~,
as amended, and all addendums thereto, and all other regulations,
ordinances or specifications applicable to such ImprOVements, such
PAG~ 2
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 Enqineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the city
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
specifications.
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work done or materials Used
without suitable inspection by the City may be ordered removed and
replaced at Contractor's expense.
Upon failure of the Contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized 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.
PAGE 3
(c) Insurance. To provide for insurance in accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division' I of the Standard Specifications for
Public Works Construction, North Central Texas, as amended, the
provisions of which are expressly incorporated herein by reference;
provided, however, for purpose of this provision only, "Owner," as
used therein, shall mean the City of Denton.
(d) Means and Methods of Construction. That the means and
methods of construction shall be such as Contractor may choose;
subject, however, to the City's right to reject any Improvements
for which the means or method of construction does not, in the
judgment of the City Engineer, assure that the Improvements were
constructed in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Agreement. That if building
permits are to be issued for the development prior to completion
and acceptance of all improvements that are to be dedicated to the
public, the following security requirements shall apply, unless the
development is a "one lot development," as defined by City's
Development Code:
(i) a performance bond in an amount not less than the
amount necessary to complete the Improvements, as
determined bythe 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; or,
PAGE 4
(ii) if the cost of completing the Improvements, at the
time building permits are requested, is in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
ensuring completion of the Improvements. Without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an amount not
less than one hundred percent (100%) of the
approximate total cost of the contract cost of the
Improvements, guaranteeing the full and proper
protection of all claimants supplying labor and
material for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized
to do business in the State of Texas; or,
(ii) if the total contract amount of all Improvements is
$50,000 or less, as determined by the City
Engineer, or the Improvements, regardless of the
contract amount, are for a "one lot development,"
as defined by City's Development Code, and a
payment bond has not been submitted in accordance
with (i) above, Owner and Contractor agree and
guarantee that any and all debts due to any person,
firm or corporation having furnished labor,
material or both in the construction of the
Improvements shall be fully paid and satisfied
before acceptance of the Improvements by the City
and that prior to acceptance of the Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a form provided by the City Engineer,
stating that all bids, charges, accounts or claims
for labor performed and material furnished in
connection with the construction of the
Improvements have been paid in full and that there
are no unreleased recorded liens filed against the
Improvements, or land to which they are affixed,
that are to be dedicated to the public.
That, upon the request of the City Engineer, Owner
or Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
PAGE 5
material for, the construction of the Improvements,
and, when requested, written statement from any or
each of such subcontractors or suppliers that they
have been paid in full.
(c) Retainage; Final Payments. [This provision (c) applies
only where the Owner and Contractor are not he same party.] That
as security for the faithful completion of the Improvements,
Contractor and Owner agree that the Owner shall retain ten percent
of the total dollar amount of the contract price until after final
approval or acceptance of the improvements by the City. The Owner
shall thereafter pay the Contractor the retainage, only after
Contractor has furnished to the Owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures or machinery furnished
for and used in the performance of the work have been paid or
otherwise satisfied.
(d) Encumbrances. That upon completion and approval or
acceptance of the Improvements of the City, the Improvements shall
become the property of ~the City free and clear of all 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,
PAGE 6
lien, charge or encumbrance, in favor of the City, to ensure
payment of such claim, lien, charge or encumbrance.
(e) Maintenance Bond.' That prior to approval or acceptance
of the Improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
percent (10%) of the contract amount of the Improvements, insuring
the repair and replacement of all defects due to faulty material
and workmanship that appear within one year from the date of
acceptance. The bond shall be in favor of the city and shall be
executed by an approved surety company authorized to do business in
the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the
operations of the contractor, his agents, employees or
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 injury or
damage.
(g) Agreement Controlling. That the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the construction of
the Improvements.
PAGE 7
3. Occupancy; One Lot Developments. Owner further agrees as
follows:
(a) That Owner will hot allow any purchasers, lessee, or
other person to occupy any building within the development until
all Improvements are completed and accepted by the City, and that
upon violation thereof will pay the City $3,000.00 as liquidated
damages, but such payment shall not be deemed approval of such
occupancy and the City may take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance with
this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees to
accept the Improvements.
5. Venue and Governinq Law. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venue shall
lie in Denton County, Texas. The terms and provisions of this
contract shall be construed in accordance with the laws and court
decisions of the State of Texas.
PAGE 8
6. Successor and Assiqns. This contract shall be binding
upon and inure to the benefit of the"'parties hereto, their
respective successors and assigns.
Executed in triplicate this ~yay of October 1995
OWNER CONTRACTOR
WAL-MART STORES, INC. DAL-MAC CONSTRUCTION COMPANY
BY: er~~~ Bradford Mc Junkin, President
ATTEST:
JENNIFER WALTERS, CITY SECRETARY ~-
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 9
EXHIBIT "A"
PROPOSED BRINKER ROAD, SPENCER ROAD AND ONSITE DRAINAGE IMPROVEMENTS TO SERVE
WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS
BRINKER ROAD. SPENCER ROAD AND ONSITE DRAINAGE IMPROVEMENTS
Brinker Road (paving and drainage improvements only; water/sewer in Brinker Road right-of-way is included in Para
[ above)
A. Paving (asphalt or concrete) 6,000 SY $14.29 SY $85,740
B. Curb 3,545 LF S8.50 LF $30,133
C. Sidewalk
1,790 LF x 4' wide 795 SY $t8.00 SY $14,310
D. Concrete Paving ~ Median Noses 52 SY $18.00 SY $936
E. Storm Drain
18" RCP, Class III 355 LF $24.00 LF S8,520
21" RCP, Class III 207 LF $26.00 LF $5,382
24" RCP, Class III 54 LF $28.00 LF $1,512
30" RCP, Class II1 84 LF $42.00 LF $3,528
36" RCP, Class III 210 LF $55.00 LF $11,550
5' Curb Inlet 2 EA $1,600.00 EA 53,200
10' Curb Inlet 3 EA $2,400.00 EA $7,200
5' Square Manhole 2 EA $2,600.00 EA $5,200
30" Type "B" Headwall 2 EA $1,200.00 EA $2,400
36" Type "B" Headwall 1 EA $1,400.00 EA $1,400
8"-12" Rock Riprap 80 SY S75.00 SY $6,000
Geotextile Fabric 80 SY S5.00 SY $400
F. Pavement Markings and Traffic Signage 1 LS $5,000.00 LS S5,000
G. "End of Road" Barricade 70 LF $25.00 LF $1,750
Spencer Road
A. Paving
Asphalt 2" Overlay 615 SY $6.61 SY S4,065
B. Storm Drain
24" RCP, Class IV 120 LF $28.00 LF S3,360
Double 24" Type "B" Headwall 2 EA $1,000.00 EA $2,000
Onsite Drainage Improvements (Brinker Road storm drain outfall headwalls and rock riprap included in "Brinker Road"
break-out above.
Excavation 20,000 CY S2.50 CY S50,000
Concrete Swale 6,200 SF S3.25 SF $20,150
Erosion Control 1 LS $5,000.00 LS $5,000
Outlet Structure 1 EA $2,600.00 EA $2,600
48" RCP, Class III (to outfall @ east property line) 261 LF $95.00 LF $24,795
48" Special Headwall and Baffled Outfall Apron 1 EA $2,600.00 EA S2,600
Riprap (10"-12" mortared rock) 165 SY S80.00 SY Sl3.200
Total Improvements S32 i ,931
AAA019DF
BOND NO. 15-84-87
PRO ECT NO.
'- CONTRACT NO. ~
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PE}~SYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State. of Pennsylvania
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 Thr~e hundred twenty one thousand
nine hundred thirty one and no/100 ($921,931.00
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 ~ the day of October , 19 95 , in the
proper performance of which the- City of Denton, ~exas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO sERvE
WAL-MART ADDITION
1515 South Loop 288, 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, 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 bemade,
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, herebystipulates'
and agrees that no change, Rxtension 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 anywise 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 q~ day of
October , 19 95 . .-.
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President ~TORNEY-IN-FACT //
.~Janice G. Cor:re~
ATTEST:
SECRETLY /
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF'CONTRACT.
PAGE TWO
AAA019DF
BOND NO. 15-84-87
PROJECT NO. .~- ~
CONT OT NO.
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF DENTON
TPIAT DAL-MAC CONSTRUCTION COMPAI~Y
111 West- Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite-'1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of ?ennsylvania
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City", and unto all persons, firms and
corporations who may furnish materials for or perform labor upon
the buildings, structures or improvements referred to in the
attached contract, in the penal sum of Three hundred twenty one
thousand nine hundred thirty one and no/100
($ 321,931.00' - ) Dollars, lawful money of the United States,
to be paid in Denton, Denton County, Texas, for the payment of
which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally.
THE Condition of this Obligation is such that:
W~HEREAS, the Principal entered into a certain contract with
Owner, dated the ~k day of October , 1995 , in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed its duties and make or cause
Contractor to make prompt payment to all persons, firms, sub-
contractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
Contract that may hereafter be made, notice of which modification
of the surety is hereby expressly waived, then this obligation
shall be void: Otherwise to remain in full force and effect.
Provided further, that if any legal action be filed upon this bond,
venue shall lie in Denton County, Texas.
AND THAT said Surety f~r 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 a~ywise affect its obligation on this Bond, and it does
hereby walve 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 deemedan original, this the ~%% day
of October , 19 95 .. '
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President /~TORNEY-IN-FA~T ~
. Janice G. Correy
ATTEST:
NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
AAA019DF
BOND NO. 15-84-87
PROJECT
CONTACT
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
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 Three hundred twenty one thousand
nine hundred thirty one and no/100 ($321,931.00 )
Dollars, lawful money of the United States, the said sum being ten
percent (10%) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the ~{~ day of October , 19 95 , in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PROPOSED PUBLIC IMPROVEFiENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
PAGE ONE
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully maintain and keep in good repair the work contracted to
be done and performed for a period of one (1) year from the date of
acceptance in writing by the City of Denton and do all necessary
work and repair of any defective conditions growing out of or
arising from the improper work of the same, including, but not
limited to, any settling, breaking, cracking or other defective
condition of any of the work or part thereof arising from improper
excavation, backfilling, compacting or any other cause or condition,
known or unknown, at any time during the period of this bond, which
the city engineer, whose judgment shall be final and conclusive,
determines to be the result of defective work, materials or labor;
then this obligation shall be void, otherwise to remain in full
force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply such
materials as necessary and charge'the sum against the said Principal
and Surety on this obligation.
It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive recoveries
may be had hereon for successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, 'and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any cause during said time.
PROVIDED, further, 'that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the ~ day
of October , 19 95
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COI~PANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President A~ORNEY-IN-FACT
J~nice G. Correy
PAGE TWO
P()WER OF A'Iq'()RN F3
The Insurance Companyofth¢Sla~, ,~,
Pnnc~l Bond Ofl'~cc '~' I"mc ~lr~'i, Nc~ ' , ~?~'~;
~OW AI,L MEN BY THESE PRESEN3 5
~t ~c Insurance ('om~ny of thc Slalc o ~. · ...... t a Penn~'lvama corl~rai~ ', ., ,~,.t,, 'i :"~'~'
~J~ Brace. Janic~ G. Corre~, Domth5 ~ ~lck. ~ ~lh~ccn Day, Pamelia Mc~m.rc:
its tree alld I;t~ftiJ AIIOIIIC~[~)-In-FdC[. ~,[tl D~ ,,,,t[~, ,ilk Io Cxecule oil ItS
contracts of mdcmml~ ~nd ~lltllgs ,.4)~tg~i, ~, . ~ ..... ( [hereof, issncd in Thc ..-. .: ~ b,[>~fic5~ 311d io [,~l,ti '[:~ ....
~ereby
IN WITNESS WHEREOF, The Insurance Compa:?, ,:I lhc Stale of Pennsylvama has cxo.mcd O~cse presents
itus 21sl dab of~_eplc~nl.,~., .:
WilliamD Si'nlttL P!~'~'c'.t
STATE OF NEW YORK }
COUNTY OF NEW YORK}ss.
On tMs 21st of September, 199_~4, before me came the . t: -.
above named officer of The Insurance Company of the State
of Pennsylvania, to me personally known to be the individual lOS,q,/-/ 6. NozzoI.~O
and officer described herein, and acknowledged that he Ncaar¥ Public. 5,,~le 'o~ N~ 'r'o~
executed the forcgmng instrument and affixed the s,e~d of said No. 01-NO~452751
.~lifi~d in W,~.tc',o~.to~
corporation thereto bx authority ,,f h:s office l'~rm Ex~ir~ J.n. ~L
CERTIFICATE
Exce~ of Resolul~,,n ~dopted hx the Board rd' Directors ,)f'lhc lllsttl i/I.c Company nfthe Stale of Ptmnsvl~an,a- on Max iR 1976
"RESOLVED. that the Chawma.n of the ['h)ard. the he~denl. ,,~ am '~ tee Pl-e~ldenl be. a.nd beTeby ~s. auth,~rl.~ed t~. q~l~qtlt \mw.flex .-m } .tO t,, {~T, rcsent al:ti *.-t ', , ~i.'
the coq)orate seal .{'the Comps. ny. m the transaction ofil~ st~retx
"RESOLVED, thai the a~gnalures and atle~latiort~ pi such ,,fficer~ aJid the seal of the Company may be :~t~'.:ed to aJl'~ such Po'.~er pi :\llorncx .r lo anx ~,.m~lit ale relal,ng
thertqo by facs~mtl¢, and ~mv such Power of Attt~ney or cerldical¢ beanng such l~.'swmle s~gnature~ pc la. mule seal shall be vahd and binding upon the Compare ~hen .,,
aPti×ed wtth mspec~ to any Nmd. undertaking, rec~gniz, ance ,~' ~ther omtracq of mdenmity o* writing obligatory m the nature thereoL
"RESOLVED. that any such Allomeyqn-Fact dch~erlng a seoel.Jr~al ce~*ficahon that the foregoing rt~,qut~o~z~ mall be tn ¢ffm_'l max reset1 m quch .c:atfic~n,m thc
thereof, sa~d date I,~ be n,a later than the date o£delive~x therc,,f~ ...h an,,mc..-m-Fact"
IN ~,TI'N ESS 'd, I! ERF]I }F ; h.,,...,o.:~ ~ t ~ ......... :';,~..I ,~,c ta.'~,m.e .e.~l ,,lm .........
Ihl'- .l.t'. ,q
] h/;ttx'lh M Fuck
kA~.00D97
THE STATE OF TEXAS §
DEVELOPMENT CONTKACT
COUNTY OF DENTON 5
Wal-Mart Stores, Inc.
Whereas,
hereafter r~ferred to as "owner," whose business address is _
701 S. Walton Blvd., Ben.tonville, AR '72716 ,
is the owner of real property located in the corporate limits of
the city of Denton, or its extraterritorial jurisdiction; and'
Whereas, O-wner wishes to develop the property and such
development must be u~rformed in a=¢ordance with the applicable
ordinances of the city of Denton, hereafter referred to a-~ "City";
and
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to ensure that
all street~, water and sewer lines, drainage faciiitie~ and other
~provements which ~re to be dedicated to the public, her~.after
refer~ed to as ,,Improvements," are =onstructed in accordance with
the city's specifications, standard~ and ordinances; and
[select applicable pro¥i~ion as follows]
~ Whereas, the Owner elects to construct the improvements
without contracting with another party as prime contractor, in
which cass the provisions of this contract which refer to "owner"
or "Contractor" shall .~ga.q the Owner as named above; or
~ W~ereas, the Owner elects to make such Improvements hereafter
Del-Mac Construction Co.
set forth by contracting with
,,,, whose business addres~ is
P o. Box 830160, Richardson, Tx 75083 -hereafter
referred to as "Contractor"; and
Whereas, owner and Contractor r~cognize that t~e City has an
interest in ensuring that the improvements subject to this
agreement, whian will, upon completion and acceptance by t/la City,
beene public property, ar~ ~roperly constructed in accordance with
the city's specifications and t/let payment is made therefor;
WITNESSET~
As to the Improvamentm to be dedicated to the public, as
specified in Exhibit A, attached hereto and incoz~orated By
referenoe, to be installed and constructed at
1515 South Loop 288, Denton, Texas 76201
the OWner, contractor and city, in consideration of their mutual
promises and cov~_nants contained herein, agree as follows:
1. Covenants of cmntracto~. Contractor a~rees as follows:
(a) Specific~t~ons. To construct and install th~
Improvements in accordance with the procedures, specifications and
stand,ds contained in Division II an~ III of the Ci_~'$ stand~
~pecifications ~ Publ.i~ Work~ Construction, No~_h Central Texas.,
as amended, and all addendums thereto, and all ot~er 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 Enqineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the city
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
specifications.
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work done or materials used
without suitable inspection by the City may be ordered removed and
replaced at Contractor's expense.
Upon failure of the Contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized 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.
PAGE 3
(c) Insurance. To provide for insurance in accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division' I of the Standard Specifications for
Public Works Construction, North Central Texas, as amended, the
provisions of which are expressly incorporated herein by reference;
provided, however, for purpose of this provision only, "Owner," as
used therein, shall mean the City of Denton.
(d) Means and Methods of Construction. That the means and
methods of construction shall be such as Contractor may choose;
subject, however, to the City's right to reject any Improvements
for which the means or method of construction does not, in the
judgment of the City Engineer, assure that the Improvements were
constructed in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) performance Bonds; Escrow Aqreement. That if building
permits are to be issued for the development prior to completion
and acceptance of all improvements that are to be dedicated to the
public, the following security requirements shall apply, unless the
development is a "one lot development," as defined by City's
Development Code:
(i) a performance bond in an amount not less than the
amount necessary to complete the Improvements, as
determined by the City Engineer, shall be submitted
guaranteeing 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; or,
PAGE 4
(ii) if the cost of completing the Improvements, at the
time building permits are requested, is in an
amount of $50,000 or less, as determined by the
city Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
ensuring completion of the Improvements. Without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an amount not
less than one hundred percent (100%) of the
approximate total cost of the contract cost of the
Improvements, guaranteeing the full and proper
protection of all claimants supplying labor and
material for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized
to do business in the State of Texas; or,
(ii) if the total contract amount of all Improvements is
$50,000 or less, as determined by the City
Engineer, or the Improvements, regardless of the
contract amount, are for a "one lot development,"
as defined by City's Development Code, and a
payment bond has not been submitted in accordance
with (i) above, Owner and Contractor agree and
guarantee that any and all debts due to any person,
firm or corporation having furnished labor,
material or both in the construction of the
Improvements shall be fully paid and satisfied
before acceptance of the Improvements by the City
and that prior to acceptance of the Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a form provided by the City Engineer,
stating that all bids, charges, accounts or claims
for labor performed and material furnished in
connection with the construction of the
Improvements have been paid in full and that there
are no unreleased recorded liens filed against the
Improvements, or land to which they are affixed,
that are to be dedicated to the public.
That, upon the request of the City Engineer, Owner
or Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
material for, the construction of the Improvements,
and, when requested, written statement from any or
each of such subcontractors or suppliers that they
have been paid in full.
(c) Retainaqe; Final Payments. [This provision (c) applies
only where the Owner and Contractor are not he same party.] That
as security for the faithful completion of the Improvements,
Contractor and Owner agree that the Owner shall retain ten percent
of the total dollar amount of the contract price until after final
approval or acceptance of the improvements by the City. The Owner
shall thereafter pay the Contractor the retainage, only after
Contractor has furnished to the Owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures or machinery furnished
for and used in the performance of the work have been paid or
otherwise satisfied.
(d) Encumbrances. That upon completion and approval or
acceptance of the Improvements of the City, the Improvements shall
become the property of the City free and clear of all 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,
PA~ ~
lien, charge or encumbrance, in favor of the city, to ensure
payment of such claim, lien, charge or encumbrance.
(e) Maintenance Bond.' That prior to approval or acceptance
of the Improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the ~ity, in the amount of ten
percent (10%) of the contract amount of the Improvements, insuring
the repair and replacement of all defects due to faulty material
and workmanship that appear within one year from the date of
acceptance. The bond shall be in favor of the City and shall be
executed by an approved surety company authorized to do business in
the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the
operations of the Contractor, his agents, employees or
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 injury or
damage.
(g) Aqreement Controllinq. 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.
PAGE 7
3. Occupancy; One Lot Developments. Owner further agrees as
follows:
(a) That Owner will not allow any purchasers, lessee, or
other person to occupy any building within the development until
all Improvements are completed and accepted by the City, and that
upon violation thereof will pay the City $3,000.00 as liquidated
damages, but such payment shall not be deemed approval of such
occupancy and the City may take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required' or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance with
this contract.
4. Covenants of city. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees to
accept the Improvements.
5. Venue and Governinq Law. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venue shall
lie in Denton County, Texas. The terms and provisions of this
contract shall be construed in accordance with the laws and court
decisions of the State of Texas.
PAGE 8
6. Successor and Assiqns. This contract shall be binding
upon and inure to the benefit of the ~parties hereto, their
respective successors and assigns.
Executed in triplicate this .~day o~---~t°ber , 1995
OWNER ~~ . CONTRACTOR
WAL-MART
BY: BY.'.
~-. ' ~ Bradford Mc Junkin, President
CITY OF DENTON, TEXAS
MkNAGER -
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 9
EXHmlT "A"
PROPOSED PUBLIC WATER AND SEWER UTILITIES IMPROVEMENTS TO SERVE
WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS
WATER AND SEWER UTILITIES
A. Sanitary Sewer
12" PVC SDR35 2,620 LF $17.00 LF $44,540
8" PVC SDR35 345 LF $15.00 LF $5,175
Manhole 10 EA $2,600.00 EA $26,000
Manhole over Existing Line @ Spencer Road 1 EA $4,000.00 EA $4,000
B. Water (all of Lines A, B, C, D and E, excluding the domestic and irrigation service lines.
16" C-900 PVC 365 LF $36.00 LF $13,140
12" C-900 PVC 2,371 LF $21.00 LF $49,791
8" C-900 PVC 3,412 LF $15.00 LF $51,180
6~ C-900 PVC 300 LF $14.00 LF $4,200
Fire Hydrant 14 EA $1,600.00 EA $22,400
16H Gate Valve 2 EA $4,000.00 EA $8,000
12" Gate Valve 5 EA $950.00 EA $4,750
8" Gate Valve 10 EA $600.00 EA $6,000
6H Gate Valve 14 EA $500.00 EA $7,000
3" Gate Valve 2 EA $400.00 EA $800
Cast Iron Fittings 3.5 TON $3,500.00 TON $12,250
20"x16" Gilford Hill Concrete Pipe Tap 1 EA $5,000.00 EA S5,000
24" Bore and Casing 85 LF $180.00 LF 515,300
Water Meter (3" Compound) 1 EA $8,500.00 EA $8,500
Water Meter (2~ Turbo) 1 EA $1,000.00 EA Sl,000
Baokflow Preventer (2") 1 EA $1,000.00 EA 51,000
Thanast Block 10 CY $200.00 CY 52.000
Total Improvements $292,026
AAAO19DF
BOND NO. 15-84-85
P OJ CT No.
co T cT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City o~.Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called "City" in the penal sum of
Two hundred ninety two thousand twenty six & 00/I00 ($.292,026.00
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 9~ the day of October , 19 95 , in the
proper performance of which the' City of Denton, Texas, has an
interest, a cop~ of which is hereto attached and made a part hereof,
for t~e construction of:
PROPOSED PUBLIC IMPROVEM~ENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, 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 agreement's 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, 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 bemade,
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 lega!~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, Rxtension 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 anywise 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 _~ day of
0ctoSer , 19_95 . '
PRINCIPAL
SURETY
DAL-MAC CONSTRUCTION COMPANY
THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President ~.T. ORNEY-IN-FACT
ATTEST: ~nice G. Correy
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
AAA019DF
BOND NO. 15-84-85
PROJECT NO.
CONTRACT NO.
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF DENTON
THAT DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
and .authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City", and unto all persons, firms and
corporations who may furnish materials for or perform labor upon
the buildings, structures or improvements referred to in the
attached contract, in the penal sum of Two hundred ninety two thousand
twenty six and no/100
($ 292,026.00 ) Dollars, lawful money of the United States,
to be paid in Denton, Denton County, Texas, for the payment of
which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the ~$~ day of October , 1995 , in the
proper performance of which th~ City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
15t5 South Loop 288, Denton, TX
PAGE ONE
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed its duties and make or cause
Contractor to make prompt payment to all persons, firms, sub-
contractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
Contract that may hereafter be made, notice of which modification
of the surety is hereby expressly waived, then this obligation
shall be void: Otherwise to remain in full force and effect.
Provided further, that if any legal action be filed upon this bond,
venue shall lie in Denton County, Texas.
AND THAT said Surety fur 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 anywise 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 ~ day
of October 1995 '
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
BY: · '- BY:
Bradford Mc Junkin, President A/TTORNEY-IN-FACT
ATTEST: Janice G. Correy
SECRETARY ' /
NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
NOW, THEREFORE, if the Principal .shall well, truly, and
faithfully maintain and keep in good repair the work contracted to
be done and performed for a period of one (1) year from the date of
acceptance in writing by the City of Denton and do all necessary
work and repair of any defective conditions growing out- of or
arising from the improper work of the same, including, but not
limited to, any settling, breaking, cracking or other defective
condition of any of the work or part thereof arising from improper
excavation, backfilling, compacting or any other cause or condition,
known or unknown, at any time during the period of this bond, which
the city engineer, whose judgment shall be final and conclu[ive,
determines to be the result of defective work, materials or labor;
then this~ obligation shall be void, otherwise to remain in full
force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply such
materials as necessary and charge.the sum against the said Principal
and Surety on this obligation.
It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive recoveries
may be had hereon for successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, ~and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any ~use during said time.
PROVIDED, further, 'that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEIAEOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the ~4~ day
of OctoSer , 19 95
PRINCIPAL ~ SURETY
DAL-MAC CONSTRUCTION CO~iPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
'Bradford Mc Junkin, President AT.~RNEY-IN-FACT /
J~nice G. Correy
PAGE TWO
AAA019DF
BOND NO. 15-84-85
PROJECT NO.
CO TRACT NO.
CONTRACTOR'S FOkINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS S
BOW ALL MEN BY THESE PRESENTS:
COUNTY OF~DENTON S
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-01'60
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
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 Two hundred ninety two thousand
twenty six and no/100 ($ 292~026.00 )
Dollars, lawful money of the United States, the said sum being ten
percent (10%) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally.
THE Condition of this Obligation is such that:
W}{ERF~S, the PrinciPal entered into a certain contract with
Owner, dated the o~ day of October , 19 95 , in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
PAGE ONE
POWER OF ATTORNEY
The Insurance Company of the State of Pennsylvania
Principal Bond Office: 70 Pine Street, New York, N Y 10270 No O';-B~<,,I~,
KNOW ALL MEN BY THESE PRESENTS:
That The Insurance Company of the State of Pcntks-ylvama, a Pennsylvania corporation, docs hcreb.~ appoint
--Joe Bruce, Janiee O. Correy, Dorothy Valek, Kathleen Day~ Pamelia McLemore: of Dallas, Texas--
its true and lawful Attorney(s)-m-Fact, with lull authortty to execute on Its behalf bonds, undertakings, recognlLances and other
contracts of indemnity and writings obhgatoD in the nature thereof, tssuegl in thc coursc of its business, and to bind thc com[;an)
thereby
IN WITNESS WHEREOF, The Insurance Compan.,, of the State of Pennsylvania has executed these presents
O this 21 st day of September, 199~4.
William D. Smith, Presfdcm
STATE OF NEW YORK }
COUNTY OF NEW YORK}ss.
On this 215t of September, 1994, before me came the
above named officer of The Insurance Company of the State
of Pennsylvania, to me personally known to be the individual
and officer describegl herein, and acknowledged that he
executed thc foregoing instrument and affixed the seal of said No. 01.NO4652754
corporation thereto by authority of his office.
CERTIFICATE
Excerpts of Resolutm~ adopted by the Board of Directors of Tl~ Insurance Company of the State of Pennsylvania' on May 18, 1976
"RESOLVED, that the Cluu'm~ of the Board, the President, or a.ny Vice Preside,at be, and hereby is, authorized to appoint Attorneys-m-Fact to represent and aa fi)r and
otl behalf of the Company to execute bonds, undert~cings, recognizances and other co,a~act$ of indemnity and ~aqtings obligatory m the nature thereof, and to attach thet'eto
the corporate seal of the Comlmny, in the U'ansaction of its sureW b~smeSs;
'RESOLVED, that the signatures and attestatmrts of such officers and the ~ of the Company may be affixed to any such Power of Altorney or to any cerhficate relahng
thereto by facsimile, and any such Power of Attorney or certificate beanng such fac:simile signatures or facsimile seal shall be valid and binding upon the Company when so
~ixed with ~ to any bond, undertaking, recognizance or' other contract of inda~mnity ot writing obligatoey in the nature thereof;
"R~SOLVED, that any such Attorney-m-Fact delivenng a secretarial certification that the foregoing resolutions still be in effect may insert m such cert~ficahon the date
th~eof, said date to be no{ later than the date of delivery thereof by such Attorney-in-Fact.~
I, Ehzabeth M. Tuck, Secretary of The Insurance Company of the State of Pennsylvania, do hereby ceflify that the foregoing exceq~ts of Resohmon adopted hy the t~.~ard of
Direclors ofth~s corporation, and the Power of Attorney tsxued puesuant thereto, are true and ccccrect, and that both the Resolution and the Po,,~,er of ,\ttc, nqey ~'e in fifil fi~rce
and effect
IN WITNESS WHEREOF. I have heretmlo ~t my h~md and affixed the {~cs~mile seal o£the corp~.)rahon
this day of . 19
Ehzabelh M Tuck, Secretary
No.
THE STATE OF TEXAS
DEVELOPMENT CONTRACT
COUNTY OF DENTON
Whersas, Wal-Mart Stores, Inc.
hereafter referred to
701S. Walton Blvd., Ben~onv~l!e, AR 72716
is the owner of real proper~y located in the corporate limits of
the city of Denton, or its extraterritorial jurisdiction; and'
Whereas, Owner wishes to develop the property and such
development must be perfor~ned 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 aonstruction of
said development, a development contract is required to ensure that
al! streets, water and sewer lines, draLnage facilities and other
Lmprovements which are to' be dedicated to the public, hereafter
refe~ed to as "Improvements," are constructed in accordance with
the city's specifications, standards and ordinances; and
[select applicable provision as follows]
~---~ Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which cas~ the provisions of this contract which refer to "Owner"
or "Contractor" shall mean the Owner as named above; or
~7~ Whereas, the Owner elects to make such Improvements hereafter
Del-Mac Construction Co.
set forth by contracting with
.., whose business address is
P. 0. Box 830160, Richardson, Tx 75083.., 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
agrm~ment, whian will, upon completion and mcceptance by the City,
become public property, ar~ 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
referenoe, to be installed and constructed at
1515 South Loop 288, Denton, Texas 76201
the owner, contractor and city, in consideration of their mutual
promises and covenants contained herein, agree am follows:
1. Covenants of Contracto.~. Contractor a~ees as follows:
(a) Specifications. TO construct and install the
Improvements in accordance with the procedures, specifications and
standards contained in Division II and III of.the Ci__~,y_'s stand~
~pecifications for Publio Work~ Construction, NoZyc_h centrT~,
as amended, and all addendums thereto, mhd all other regulations,
ordinances or specifications applicable %0 suck Improvements, such
PAGE 2
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 Enqineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
specifications.
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work done or materials used
without suitable inspection by the city may be ordered removed and
replaced at Contractor's expense.
Upon failure of the Contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized 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.
PAGE 3
(c) Insurance. To provide for insurance in accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division' I of the Standard Specifications for
Public Works Construction, North Central Texas, as amended, the
provisions of which are expressly incorporated herein by reference;
provided, however, for purpose of this provision only, "Owner," as
used therein, shall mean the City of Denton.
(d) Means and Methods of Construction. That the means and
methods of construction shall be such as Contractor may choose;
subject, however, to the City's right to reject any Improvements
for which the means or method of construction does not, in the
judgment of the City Engineer, assure that the Improvements were
constructed in accordance with City specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Agreement. That if building
permits are to be issued for the development prior to completion
and acceptance of all improvements that are to be dedicated to the
public, the following security requirements shall apply, unless the
development is a "one lot development,- as defined by City's
Development Code:
(i) a performance bond in an amount not less than the
amount necessary to complete the Improvements, as
determined by the City Engineer, shall be submitted
guaranteeing 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; or,
PAGE 4
(ii) if the cost of completing the Improvements, at the
time building permits are requested, is in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
ensuring completion of the Improvements. Without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an amount not
less than one hundred percent (100%) of the
approximate total cost of the contract cost of the
Improvements, guaranteeing the full and proper
protection of all claimants supplying labor and
material for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized
to do business in the State of Texas; or,
(ii) if the total contract amount of all Improvements is
$50,000 or less, as determined by the City
Engineer, or the Improvements, regardless of the
contract amount, are for a "one lot development,"
as defined by City's Development Code, and a
payment bond has not been submitted in accordance
with (i) above, Owner and Contractor agree and
guarantee that any and all debts due to any person,
firm or corporation having furnished labor,
material or both in the construction of the
Improvements shall be fully paid and satisfied
before acceptance of the Improvements by the City
and that prior to acceptance of the Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a form provided by the City Engineer,
stating that all bids, charges, accounts or claims
for labor performed and material furnished in
connection with the construction of the
Improvements have been paid in full and that there
are no unreleased recorded liens filed against the
Improvements, or land to which they are affixed,
that are to be dedicated to the public.
That, upon the request of the City Engineer, Owner
or Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
PAGE 5
material for, the construction of the Improvements,
and, when requested, written statement from any or
each of such subcontractors or suppliers that they
have been paid in full.
(c) Retainaqe; Final Payments. [This provision (c) applies
only where the Owner and Contractor are not he same party.] That
as security for the faithful completion of the Improvements,
Contractor and Owner agree that the Owner shall retain ten percent
of the total dollar amount of the contract price until after final
approval or acceptance of the improvements by the City. The Owner
shall thereafter pay the Contractor the retainage, only after
Contractor has furnished to the Owner satisfactory evidence that
all indebtedness connected with the work and all sums of money due
for labor, materials, apparatus, fixtures or machinery furnished
for and used in the performance of the work have been paid or
otherwise satisfied.
(d) Encumbrances. That upon completion and approval or
acceptance of the Improvements of the City, the Improvements shall
become the property of the City free and clear of all 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,
PAGE 6
lien, charge or encumbrance, in favor of the City, to ensure
payment of such claim, lien, charge or encumbrance.
(e) ~aintenance Bond.' That prior to approval or acceptance
of the Improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
percent (10%) of the contract amount of the Improvements, insuring
the repair and replacement of all defects due to faulty material
and workmanship that appear within one year from the date of
acceptance. The bond shall be in favor of the City and shall be
executed by an approved surety company authorized to do business in
the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the
operations of the Contractor, his agents, employees or
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 injury or
damage.
(g) A~reement 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.
PAGE 7
3. Occupancy; One Lot Developments. Owner further agrees as
follows:
(a) That Owner will not allow any purchasers, lessee, or
other person to occupy any building within the development until
all Improvements are completed and accepted by the City, and that
upon violation thereof will pay the City $3,000.00 as liquidated
damages, but such payment shall not be deemed approval of such
occupancy and the City may take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot
development,,, as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance with
this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees to
accept the Improvements.
5. Venue and Governinq Law. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venue shall
lie in Denton County, Texas. The terms and provisions of this
contract shall be construed in accordance with the laws and court
decisions of the State of Texas.
PAGE 8
6. Successor and Assiqns. This contract shall be binding
upon and inure to the benefit of the parties hereto, their
respective successors and assigns.
Executed in triplicate this day of October
OWNER - , 1995
CONTRACTOR
WAL-MART.~STO~~ DAL-MAC CONSTRUCTION COMPANY
~51~_ C~x~ pf~ Bradford Mc Junkin, President
CITY OF DENT0~, TEXAS . · ·
ATTEST: ~~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 9
EXIIIBIT "A"
PROPOSED LOOP 2~$ IMPROVEMENTS TO SERVE
WAL-MART ADDITION 1515 SOUTH LOOP 2~, DENTON, TEXAS
PROPOSED LOOP 288 IMPROVEMENTS
A. Paving
Asphalt (including three driveway
replacements) 1-1/2" Type "C" 3,950 SY $2.99 SY $11,811
7-112" Type "A' 7~160 SY $14.85 SY $106,326
Concrete Approaches for Brinlcer Road
and Wal-Mart center drive 630 SY $21.15 SY $13,325
6" Lime Stabilization 4,800 SY $2.86 SY $13,728
Concrete Median 966 SY $18.00 SY $17,388
B. Sidewalk (adjacent to Loop 288
Wal-Mart frontage) 650 LF x 4' wide 290 SY $18.00 SY $5.220
C. Pavement Marking and Signs
Remove Pavement Markings 1 LS $5,000.00 LS $5,000
D. Culverts
21' RCP, Class III 90 LF $26.00 LF $2.340
18" RCP, Class lli 99 LF $24.00 LF $2.376
24" RCP, Class III 23 LF $28.00 LF $644
18" Safety End Treatment 6 EA $1,200.00 EA $7,200
21" Safety End Treatment 2 EA $1.200.00 EA $2.400
Type "H" Horizontal Inlet 1 EA $3,000.00 EA $3,000
E. Signalization (per signalization phns package) ILS $68,000.00 LS $68,000
for Loop288 at Spencer Road intersection
F. Construction Traffic Control 1 LS $3,825.00 LS $3,825
G. Hydromulch Seeding (includes Wal-Mart side only,
all disturbed non-paved right-of-way) 5,550 SY $0.36 SY $1,998
H. Roadway Excavation 1,850 CY $3.40 CY $6,475
I. Saweut and Remove Existing Paving 450 SY $4.50 SY $2.02_5
Total Improvements $273,081
AAAO19DF
BOND NO. 15-84-86
PROJECT NO. ~
CONTRACT NO. ~7~
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
and authorized to do business in the State of Texas, h~reinafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called "City" in the penal sum of Two hundred seventy three thousand
eighty one and no/100 ($ 273,081.00 )
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 ~9% the day of October , 19 95 , in the
proper performance of which the' City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, 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, 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 bemade,
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 tlpulates
S '
and agrees that no change, Rxtension 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 anywise 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 ~%% day of
October , 19 95
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Me Junkin, President A~.~ORNEY-I~-FACT ~"
ATTEST: 5~nice G. Corre. y ' '
ECRET Y / //
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
AAA019DF
BOND NO. 15-84-86
PROJECT NO.
CONTACT NO.
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF DENTON
THAT DAL-MAC CONSTRUCTION COMPAN~f
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called principal and
THE INSUP~kNCE COMPANY OF THE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700f. Dallas, Texas 75201
a Corporation organized under the laws of the State of Pennsylvania
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City", and unto all persons, firms and
corporations who may furnish materials for or perform labor upon
the buildings, structures or im~rove~
attached contract, in the penal sum of ~Two hundred seventy three
thousand e___iEhty one and no/100
($373'081'00 ) Dollars, lawful money of the United States,
to be paid in Denton, Denton County, Texas, for the payment of
which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the %%~ day of _ October 1995 in the
proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
PROPOSED PUBLIC I~fPROVEM_ENTS TO SERVE
WAL-MART ADDITION
1515 South Loop 288, Denton, TX
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed its duties and make or cause
Contractor to make prompt payment to all persons, firms, sub-
contractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
Contract that may hereafter be made, notice of which modification
of the surety is hereby expressly waived, then this obligation
shall be void: Otherwise to remain in full force and effect.
Provided further, that if any legal action be filed upon this bond,
venue shall lie in Denton County, Texas.
AND THAT said Surety far value received hereby tlpulates and
S '
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 anywise 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 %{~ day
of October , 19 95 .~ '
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY THE .INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President ~ORNEY-IN-FACT /-
ATTEST: ,i~anice G. Correy '/"
SECRETARY
NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
AAA019DF
BOND NO. 15-84-86
PRO ECT NO.
CONTACT NO.
CONTRACTOR' $ MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
That DAL-MAC CONSTRUCTION COMPANY
111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160
of Dallas County, Texas, hereinafter called Principal and
THE INSURANCE COMPANY OFT HE STATE OF PENNSYLVANIA
1999 Bryan Street, Suite 1700, Dallas, Texas 75201
a Corporation organized under the laws of the State of.~
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 Two hundred seventy three thousand
eighty one and no/100 f$273t081'O0 )
Dollars, lawful money of the United States, the said sum being ten
percent (10%) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, dmlnlstrators, and
successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain Contract with
Owner, dated the ~ day of October , 19.95 , in the
proper performance of which the'City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part hereof
for the construction of: '
PROPOSED PUBLIC IMPROVEMENTS TO SERVE
WAL-MA~TADDITION
1515 South Loop 288, Denton, TX
PAGE ONE
NOW, THEREFORE, if the Principal-shall well, truly, and
faithfully maintain and keep in good repair the work contracted to
be done and performed for a period of one (1) year from the date of
acceptance in writing by the City of Denton and do all necessary
work and repair of any defective conditions growing out· of or
arising from the improper work of the same, including, but not
limited to, any settling, breaking, cracking or other defective
condition of any of the work or part thereof arising from improper
excavation, backfilling, compacting or any other cause or condition,
known or unknown, at any time during the period of this bond, which
the city engineer, whose judgment shall be final and conclusive,
determines to be the result of defective work, materials or labor;
then this obligation shall be void, otherwise to remain in full
force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply such
materials as necessary and charge..the sum against the said Principal
and Surety on this obligation.
It is further agreed that thisobligation shall be continued
one against the Principal and Surety and that successive recoveries
may be had hereon for successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, 'and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any cause during said time.
PROVIDED, further, 'that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original this the .~ day
of Octob~ , 19 95 '
PRINCIPAL SURETY
DAL-MAC CONSTRUCTION COMPANY ' THE INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
Bradford Mc Junkin, President ~T~.0RNEY-IN-FACT/' '
Ja'nice G. Correy
PAGE TWo