HomeMy WebLinkAboutC2006-248 - 6/27/2006 - Approved
ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND
REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Arterial Transmission and Grid Main Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a
Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and
London Independent School District, a Texas independent school district, 1306 FM 43,
Corpus Christi, Texas 78415 (hereinafter "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 2.861 acres called Lot 1, London School Tracts
located on the north side of FM 43, west of the intersection of FM 43 and SH 286, as
shown in the attached Exhibit 1 :
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a 16-inch C-905 PVC arterial transmission main:
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a 16-inch C-905 PVC arterial
transmission main;
WHEREAS, it is essential that the 16-inch C-905 PVC arterial transmission main be
constructed along FM 43, in connection with Lot 1, London School Tracts for it will
provide future service connections to the north, south, east, and west;
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
1, REQUIRED CONSTRUCTION
The Developer shall construct the 16-inch C-905 PVC arterial transmission main
needed for Lot 1, London School Tracts in compliance with the City's Platting Ordinance
and under the plans and specifications approved by the City Engineer.
2. PLANS AND SPECIFICATIONS
a, The Developer shall contract with a professional engineer, acceptable to the
City's Director of Engineering Services, to prepare plans and specifications for
the 16-inch C-905 PVC arterial transmission main, as shown in Exhibit 2,
with the following basic design:
(1) Install 10 (ten) 16-inch Butterfly Valves.
2006-248
06/27/06
M2006-191
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London ISD
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(2) Install 8,394 linear feet of 16-inch C-905 PVC Arterial Transmission
Main
(3) Install 1 00 linear feet of 12-inch PVC Water Main.
(4) Install 4 (four) 16"x8" Ductile Iron Tee.
(5) Install 3 (three) 16"x12" Cross.
(6) Install 4 (four) Fire Hydrant Assembly Complete In-place.
(7) Install 8,394 linear feet of Trench Safety.
(8) Install 429 square yards of Pavement Repair.
(9) Traffic Control During Construction.
(10) Install 1 (one) 16-inch Ductile Iron 11-1/40 Bend.
(11) Install 1 (one) 8"x8" Tapping Sleeve and Tapping Gate Valve.
(12) Install 507 linear feet of 36"xO.5625 Wall Casing-Open Cut.
(13) Install 177 linear feet of 36"xO.5625 Wall Casing-Bored.
(14) Install 100 linear feet of 36"xO.375 Wall Casing-Bored.
(15) Install 1 (one) 16"x16" Cross.
(16) Install 9 (nine) 12-inch Gate Valve.
(17) Install 2 (two) 16-inch Plug and Test Riser.
(18) Install 8 (eight) 12-inch Plug and Test.
(19) One (1) Ozone Day.
(20) Install 1 (one) 121x4" Reducer.
(21 ) Install 1 (one) 4-inch Gate Valve.
(22) Install 4 (four) 161x12" Tee.
(23) Install 4 (four) 16-inch Ductile Iron 450 Bend.
(24) Install 1 (one) 8-inch Plug and Vent.
(25) Install 2 (two) Service Connection (residential).
(26) Install 1 (one) Service Connection (school).
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(27) Bonds and Insurance.
(28) Remove and Replace 936 square feet Concrete Sidewalk.
(29) Dispose of 500 cubic yards of contaminated soil Class 1, non-
hazardous
(30) Five Percent Cost Contingency
The 16-inch C-905 PVC arterial transmission main will be constructed along
the north side of FM 43. The 16-inch C-905 PVC arterial transmission main
extends from the existing 8-inch water line at the intersection of FM 43 and
SH 286, and extends approximately 8,394 linear feet along FM 43 to Lot 1,
London School Tracts.
b The plans and specifications shall comply with City Standard Water Detail
Sheets and Standard Specifications.
c. Before the Developer begins construction, the plans and specifications must
be approved by the City's Director of Engineering Services.
3 ~TEIMPROVEMENTS
Prior to construction of the 16-inch C-905 PVC arterial transmission main, the
Developer shall acquire and dedicate to the City the required utility easement or right-of-
way for the installation of the 16-inch C-905 PVC arterial transmission main.
4 PLATTING FEES. Developer shall pay to the City of Corpus Christi the required
acreage fees and pro-rata fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall
award a contract and include within the contract that completion of the 16-inch arterial
transmission main shall be constructed in accordance with the approved plans and
specifications by May 31, 2007.
6. TIME IS OF THE ESSENCE.
Time is of the essence in the performance of this contract.
7 THIRD-PARTY BENEFICIARY.
Developer's contracts with the professional engineer for the preparation of the plans
and specifications for the construction of the project, contracts for testing services, and
with the contractor for the construction of the project shall provide that the City shall be
a third party beneficiary of each contract.
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8 PERFORMANCE AND PAYMENT BONDS
Developer shall require its contractor for the construction of the project, before
beginning the work, to execute to Developer and the City a performance bond if the
contract is in excess of $100,000 and a payment bond if the contract is in excess of
$25,000. The performance and payment bond shall comply with Texas Government
Code, Chapter 2253 and shall be in the form and substance as attached hereto. The
performance and payment bond shall name Developer and City as joint obligees.
9. NOTICE
Should Developer fail to perform any obligation or duty of this agreement, the City shall
give notice to Developer, at the address stated above, of the need to perform such
obligation or duty, and should Developer fail to perform the required obligation or duty
within 15 days of receipt of the notice, the City may perform the obligation or duty,
charging the cost of such performance to Developer by reducing the reimbursement
amount due Developer. Developer will pay to City the cost of such performance within
30 days from the date Developer receives notice of the cost of such performance.
Notice required by the paragraph may be by United States Postal Service, First Class
Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery
service that provides proof of delivery, delivery prepaid; or by personal delivery. In the
alternative, in the event of Developer's failure to cure any such breach after notice, the
City may terminate this agreement. The provision for notice and cure contained herein
shall not apply to a default under paragraph 7 hereinabove.
10. WARRANTY.
Developer shall have contractor execute a warranty of the workmanship of and function
of the arterial transmission line and the construction thereof for a period of one year
from and after the date of acceptance of the facilities by the City Engineer. Said
warranty will be assigned and transferred to the City upon completion of this project.
11. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 16-inch C-905 PVC
arterial transmission main, upon satisfactory completion and testing in compliance with
approved plans and specifications, not to exceed $903,019.06. See Cost Estimate
attached hereto as Exhibit 3.
b. The City further agrees to properly reimburse the Developer on a monthly basis and
upon invoicing for work performed, tested and inspected. Such reimbursement shall be
made no later than 30-days from the date of invoice. Developer is required to submit all
required performance and payment bonds and proof of required insurance in
accordance with applicable laws. The City agrees to conduct periodic inspections and
approve the progress of the work at key points during construction.
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c The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 16-inch C-905 PVC arterial transmission main by the
professional engineer hired by the Developer. However, the expenses may not exceed
7 5% of the costs of construction of the 16-inch arterial transmission main.
12. City agrees that it will not unreasonably withhold approval of the plans, progress,
evaluations, or reimbursements under this agreement, upon verification of satisfactory
Inspection and testing results.
13. This agreement is a covenant running with the land, Lot 1, London School Tracts, a
subdivision in Nueces County, Texas, and shall be recorded in the Official Public
Records of Nueces County, Texas.
14. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of
this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit
4.
15. EFFECTIVE. This agreement becomes effective and is binding upon and shall
Inure to the benefit of the City and Developer, and their respective heirs, successors,
and assigns from and after the date of execution.
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EXECUTED IN DUPLICATE originals, this ----=_ day of ,'-'0\;~ , 2006.
ATTEST
CITY OF CORPUS CHRISTI
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Armando Chapa, City Se retary
By:
APPROVED: !~CP' day of ,) -' "
By ~~~1~iittK
Assistant City Attorney
for the City Attorney
,2006
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THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on J.-f Y ,2006, by
George K, Noe, City Manager, City of Corpus Christ', exas, a Texas home-rule
municipal corporation, on behalf of the corporation.
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NOlry Public, State of Texas
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f r*"..~:':. ~~<::;l:n EX,PICesl
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DEVELOPER:
ATTEST:
By:
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London Independent School District
1306 FM 43
Corpus Christi, Texas 78415
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THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on JIM.( J ~ J ' 2006, by
Charles McMath, Superintendent of London Independent School District, on behalf of
the school district.
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Notary Public, State 0 Texas
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~ECTION 3
SECTION 4
LAURELES FARM TRACTS
VICINITY MAP ~
16-inch PVC Arterial Transmission Main
LONDON I.S.D.
I Exhibit 1 I
Page 1 of 1
Job Ne: 04-045
Scale: 1 -=2000'
Dote: 3-22-06
Drowi....,g No: 04<>45 I
Plotscole: 1 =1
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~by.
806. d- WBlsh Engineering
30~'" So. Afomedo St.
CorpUI Christi. lx. 78404
(361) 882-5521 (phone)
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Boss &- Wel8h Engineering
3054 So. Alameda St.
Corpus Chfisti. Tx. 76404
(361) 662-5521 (phone)
(361) 8.-1265 (fox)
PROJECT MAP
16-inch PVC Arterial Trans. Main
LONDON I.S.D.
I Exhibit 2 I
Paae 1 of 1
Job No: 04045
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Dot.:: 3-22-06
Druwing No: ~()45
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COST ESTIMATE FOR REIMBURSEMENT
London Independent School District
"Weber Road 16" Grid Main Extension"
05123/06
I II III IV V
UNIT PRICE IN u'v,'~"
BIG iTEM QTY & UNIT OESCRIPTlON FIGURES IOTY x UNIT PRICE IN
~,~, .~~~,
1 10 EA 16" BUTTERFLY VALVES 2 337.00 23,370.00
16" WATER PIPE (PVC C 905 OR DUCTILE AWWA C151
2 8,394 LF &C104) 46.56 390,824.64
3 100 LF 12" WATER PIPE (PVC) 40.36 4,036.00
4 4 EA 16" ;, 8" DI. TEES 1,316.00 5,264.00
--
5 3 EA 16" ^ 12" CROSS 1 822.00 5466.00
FIRE HYDRANT ASSEMBLIES (12"X6" REDUCER. 6"
6 4 EA GATE VALVE, FH) 3 536.00 14 144.00
--,-.
, 8,394 LF TRENCH SAFETY 2.00 16788.00
8 429 SY PAVEMENT REPAIR 46.00 19734.00
,-
9 1 LS TRAFFIC CONTROL DURING CONSTRUCTION 25 182.00 25182.00
10 1 EA 16" D I. 11 1/40 BEND 1111.00 1111.00
'1 1 EA 8" X8" TAPPING SLEEVE & TAPPING GATE VALVE 2 524.00 2 524.00
12 507 LF 36" x 5625 WALL CASING, OPEN CUT 177.60 90 043.20
13 177 LF 36" x 5625 WALL CASING - BORED 352.60 62410.20
14 100 LF 18"XQ,375 WALL CASING - BORED 240.84 24084.00
15 1 EA 16" )( 16" CROSS 2 629.00 2 629.00
16 9 EA 12" GATE VALVES 2027.78 18 250.00
, 7 2 EA 16" PLUG & TEST RISER 506.00 1.012.00
18 8 EA 12" PLUG & TEST 303.40 2.427.20
19 1 EA OZONE DAYS 2,000.00 2 000.00
20 1 EA 12")<.4" REDUCER 607.50 607.50
21 1 EA 4" GATE VALVE 507.50 507.50
-
22 4 EA 16"X12" TEE 1 317.00 5,268.00
23 4 EA 16" D I. 450 BEND 3 013.00 12,052.00
24 1 EA 8" PLUG & VENT 303.60 303.60
25 2 EA SERVICE CONNECTIONS (RESIDENTIAL NEARSIDE) 1,216.00 2.432.00
26 1 EA SERVICE CONNECTIONS (SCHOOL) 1 516.00 1,516.00
27 1 EA BONDS & INSURANCE 11 150.00 11,150.00
28 936 SF REMOVE & REPLACE CONCRETE SIDEWALK 6.94 6.495.84
DISPOSE OF CONTAMINATED SOIL, CLASS 1 NON
29 500 CY HAZARDOUS 88.80 44 400.00
30 ~ PERCENT COST CONTINGENCY 39,800.00
SUB-TOTAL $ 835,831.68
ENGINEERING 7Y. % $ 62,687.38
EASEMENT ACQUISITION:
SURVEYING, DOCUMENT PREPARATION & NEGOTITIATIONS VIIITH OWNERS (4) $ 3,000.00
PAYMENT TO OWNERS $ 1,500.00
TOTAL $ 903,019.06
Page 1 of 1
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christl ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to
provide the following Information Every question must be answered If the question is not applicable, answer with "NA",
FIRST NAME:
,LO'Vl c( tI'Vt- 1'1 c( (;J tvrd evrr 5~(~ DO ( c!)16''f.r, <..,+
I
13 0 ~ F /Y1 if 3 CITY (t>'I'(J vs C h rt 51-.' ZIP:
r
01 Corporation 02 Partnership 03 Sole Owner 04 Association ~5. Other
DISCLOSURE QUESTIONS
78tf 15'
CtJV~
STREET
FIRM IS
If additional space IS necessary, please use the reverse side of this page or attach separate sheet.
State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm"
Name
Job Title and City Department (if known)
;JIlt
!
2 State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm"
Name
,
)J /A
,
Title
3 State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm"
Name
Board, Commission, or Committee
N/Jt
r
4 State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the SlJbject of this contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named 'firm'
Name
Consultant
/l/ / rJ
f
CERTIFICA TE
I certify that ell information prOVided is true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of
Corpus ChristL Texas as changes occur
Date:
,
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'I Exhibit 4 I
Page 1 of 1
c h4fr/~Y fVl c f1~~
(Type or Print) ~ ~
Signature of Certifying Person: ~
Certifying Person
Title:
~ E R FOR MAN C E
BON D
STATE OF TEXAS ~
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES ~
THAT
of
T,c~X3S, htc'r,'~iDaft.=c :::a lee) "Prl ipal" , , a
C porat ". rgalnzec unde tb~ laws ! the State of
o duly ;thor ==ei 0 1C b1.,S1 ness =1: the State of Texas, hereinafter
Cd led" :1.:, ety". ale l1e_d and fIrmly bound untc (name of developer and
J IcTal stelt )s, e >'rr )ra 1)]1 hereinafter called "Developer", the City
=orpL.:,s-::hrJst L. TiLn elPeL corporation of Nueces County, Texas,
r.u, inaf C" ai~,='d it II "he penal sum of ($) DOLLARS, lawful
11 c'y f +-,;=:: 'JL~teci ,':: .ates )e pa1.el in Nueces County, Texas, for the
f "nen" w i.::1 S.lm we3.nd. ruly t be made we bind ourselves, our
s, e.e it . s. dn LILl t'l.t ::; and ~cessors. jointly and severally,
County,
f
'Illy b
~1e ;3f'
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f
THE
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CONDITION OF THIS
'ItereJ int a ~:ert
, C :::;py 'A 11 . ,~
OBLIGATION IS SUCH THAT: Whereas, the
contract with Developer, dated the _ of
L~l'et t ~ched and made a part hereof, for
::::ons't
NOW, THEREFORE, f' hE- pri
1, accorcia CF' w L r: t1e plans
1 ud1nC1 Jny .:::hanqef, ext.=nc3
s 1 repa r ancep ace d_
lA' }ckmanshin t:1at'l.ppeir VJithi
r leti r arId accertance
c:.qati3ha= 1 la- ,'~L
ipal shall Eait~lfully perform said work
spec :: ications and contract documents,
)ns, or guaranties, and if the principal
defects due to faulty materials and/or
period of one 1) year from the date of
improveTients by the City, then this
lwise reTiain ir full force and effect.
PROVIDED FURTHER I t no.-
any legal action be filed on this bond,
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Texas.
Arld t :it ,30.- j Si eet -0 alue re eived hereby stipulates that no
C : Lc:i.nge I 'x' ens_c rJ f t: i m,':, 0.1' rat 1 addi t lon to the terms of the
'~raot 01 t e wCl~kL)erfocmed. thereunder, or the plans I
S if Cdt ::m,3, :hawl 19S. t accompanYIng the same shall in anywise
a - ect i s::Jlt,l ':jat C)l or. t- HE; ;.ond, aDei It.::ioes hereby waive notice of
a such :3.nrjE! eXCE- :lSl f t.Tie , alteration cr addition to the terms
C' . he CCll ~a:::t ,)} t t::e werk to be performed thereunder.
T'i
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(-: t_hep!.]L.i:rements of Chapter 2253, Texas
tormance Bond
[age f
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at)
r~atutes
f the State of Texas.
T'ie
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leslgnated by the Surety herein as
whom any ~equisite notices may be
DY' PES 'lav be had in matters arising
L ;"ct. '7.19 -1, Vernon I s Texas
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IN WITNESS WHEREOF, tllS nstr,lment
-:)f W 1;1. sha_l bE deemed 31 origLnal,
s executed In 4
this the
copies, each
day of
PRINCIPAL
Prlnt Name & Title)
ATTEST
'~cretary
Print Name)
SURETY
torney-in-fact
The Resident Agent of the Surety in Nueces County, Texas, for delivery of
notice and service of process is:
Agency:
Contact Person:
Address:
Phone Number:
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~E;formance Bond
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PAY MEN T
BON D
STATE OF TEXAS ~
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES ~
THAT
fexas, h'reinafte. ca
~ L'porat crganizec
and duly :juthor~ zed
eel ed "c-jurety", ae
1Ja1 st 3. 1S ::e
C'11 ist ie-, munic,pal
c.~ ed "'~ y", cind L
11C,~)r al,j 'nater a s
a' ::lched ~'1t'-ac' u
of
County,
'ldm:: nist rEI
lee! "Pr iT: ipal "! and, _ ____ , a
unde he: laws of the State of
o jo ous ness In the State of Texas, hereinafter
he '1 :1nd firmly bound unto (name of developer and
I'perat ien "Developer' I and the City of Corpus
ccrperaticm of Nueces County, Texas, hereinafter
(to a= L [('rsons, firms and corporations supplying
1 P:-:=JE3E' ution i)T the work referred to in the
tr>-:c pena, sum f ($) DOLLARS, lawful money of the
pa 1 d r: "leces Ccun t y, Texas , for the payment of
ru y t oe made we bind ourselves, our heirs,
or ;10 1ccessors, j int=y and severally, firmly
"ed S'a'es, :)e
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"n.e s e r:
S;2ILt S .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
[ ~cipa n.tered lnt a c [ta n contract with the Developer, dated the
20 :)py ct w ch is hereto attached and made a part
'eof
c the -, !::)l s t u C t. 1
NOW, THEREFORE, f t:1e pr ncipal shall faithfully perform its duties
a make prom[t pdyment all persons, firms, subcontractors,
c 'porat ons dnd c aiman:.s supplying labor and material in the
pr)secut on of the work oro'll jed for in said contract and any and all
0', aut'lcrized modit icati:::n f said contract that may hereinafter be
m,j no' i:'e of,vhlCl mod fica:::ion tC) the surety is hereby expressly
Wi 'Ted, hehL: 01 .ga' -L' c3lall be 'Joid; otherwise to remain in full
f ~t= ,ane] ff~~ct.
PROVIDED FURTHER, that If 3ny legal action be filed upon this bond,
v 'le shal lIE 1n N:- ce CC)unty, Texas.
And t nat sa d Sl Let y for falue :cece i ved hereby stipulates that no
c ldnge,=x ens~~cn f time, a1 '~;::.ratlon I)r addit on to the terms of the
c cract::n t c tie werk performed thereunder, or the plans,
spec:ificat)ns, drawi ilgS, .:te accompanying the same shall in anywise
a ect i s ~bllgat or or t is bond, and ie does hereby waive notice of
a such change, extEnsion of t~me, ~lteration or addition to the terms
01 he c(rr ca<:::t )'!' t t.E wcr to bEe: performed thereunder.
TLi
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neet the requirements of Chapter 2253, Texas
')dyment Bond
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jesi eo by the Surety herein as
w~om 3ny ~equisite notices may be
p- 'f" c~ may be had in mat ters arising
JO'1:' :if) Ar't. 7. 19 -I, Vernon's Texas
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IN WITNESS WHEREOF, tl s
of W 1 h sha bE deemed al
Lst.rumeIlL 18 (=:xec~ted in
orlg na_. ttis the
4
copies, each
day of
PRINCIPAL
Prlnt Name & Title)
ATTEST
.-:,cret axy
,'rlnt Na:T1e
SURETY
?-Ttorney in-fact
The Resident Agent of the Surety in /llIJ.,~~~~._County, Texas, for delivery of
notice and service of process is:
Agency:
Contact Person:
Address:
Phone Number:
:)at
: p
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OIl!.:
sed
Payment Bond
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