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CF-TownC CHC-CN 850328THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCU^fENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A207, General Conditions of the Contract for Construction. This document has been approved and endersed by Tile Associated General Contractors of America. AGREEMENT made as of the 28th Hundred and Eigh'cy Five day of March BETWEEN the Owner' City of Coppell P.O. Box 48 Coppell, Texas 75019 and the Contractor: Howard U. Freeman, .Inc. 1424 E. Grauwyler Irving, Texas 75060 The Project: Coppell Town Center Coppell, Texas in the year of Nineteen The Architect: O'Brien O'Brien Callaway 10210 North Central Expwy., Dallas, Texas 75231 The Owner and the ContractOr agree as set forth below. #301 Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by Ihe American Institule of Archilects, 1,"35 New York Avenue, N.W., Washingh)n, D. C. 20006. Reproduction of Ihe material herein or subslantial quotalion of its I:~visions without permission of Ihe AIA violates the copyright laws of the United States and will be subject Io leRal pros~culion. AIA DOCUMENT A101 * OWNER-CONTRACTOR AGREEMENT · ELEVENTH EDITION · JUNE 1977 · AIA® ©1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 173.5 NEW YORK AVE., N.W., WASHINGTON, D. ~ 20006 A101-1977 1 ARTICLE I THE CONTRACT DOCUMENTS The Conlract Documenls consisl of Ihis Agreemenl, the Conditions of Ihe Conlracl (General, St,pplemenlary and olher Condilions), tile Drawing;s, the Specifications, all Addenda issued prior lo and all Mo(Jificalions issued :,fief exe- culion of Ibis Agreement These Iorm lhe Contract, and all are as Irully a parl of Ihe Contracl as if allached Io this Agreemenl or repealed herein. An em,meration of the Conlracl Documents appears in Arlicle 7. ARTICLE 2 THE WORK The Contractor shall perform all Ihe Work required by the Contract Documents for ~Here in~e~! the caption de.~cripfive o~ fhe I,t/~./~ ,~ u~ed on ofhe: Contracl DocumentsJ The General Construction of.a two ~2) story Municipal Building with approximately Thirty One Thousand-Five Hundred (31,500 S.F.) square feet located on Park Boulevard, Coppell, Texas, including all sitework, grading, paving, site utilities, drainage, mechanical, electrical, plumbing, structural, etc., as described in the Drawings, Project Manual and Addendas. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work 1o be performed under this Contract shall be commenced on or before AprJ 1 and, subject Io aulhorized adju.~tments, Substantial Completion shall be achieved nol lal~.r than t'ltere in,er! any ~l~er iai i,ovi~ion~ Io~ li~luidaled damages telaling Io faihlre Io cc~mplelr', on lime.) ~/~, (300) consecutive c~l~end,,a~ days from the April 1~,1985 date which F,F-~R~,~ .~ S, i 986. l, 1985 Three Hun~Jred is Note: Included in the 300 consecutive calendar day construction schedule are ten (10) anticipated weather delay days. AIA DOCUMENI Al01 · OVVNER-Cf3NTRACT()R AGR[E/~IENT · Et.EV[NTH E[)II'IC)N · JUN[ 1977 · AIA~ ~1977 · TIIF, AMERICAN INSIlTUI*[ OF ARCIIllF_CTS, 1735 NF,W YORK AVE., N.W., WASHINGTC)N, D. C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of Ihe Work, subject Io additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Two Million Five Hundred Twenty Eight Thousand Five Hundred Eighty Six And N 1 ~ ~e j~m, n e ?j a~ ~c~ go0w),: The Con~)r~ct0SOuh~ is' 528 5 0 . (State here the base bid or other lump sum amount, accepted alternates, and unt! prices, as applicable.) Base Bid $ 2,920,000.00 Accepted Base Bid Alternates - Deduct 37,100.00 Accepted Voluntary Alternates - Deduct 354,314.00 Total Contract Amount $ 2,528,586.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applicalions for Paymenl submilled to lhe Architect by lite Conlraclor and Cerlificales for Payment issued by the Archilecl, the Owner shall make progress payments on account of the Contract Sum Io Ihe Contraclor as pro- vided in lite Contracl Documents for the period ending the last day of Ihe month as follows: Not laler than days following the end of the period covered by the Application for Payment.. N i nety Fi ye percent ( 95 %) of Ihe portion of the Contract Sum properly allocable Io labor, materials and equipment incorporaled in the Work and N i nety Fi ve percent ( 95 %) of the porlion of the Conl~act Sum properly allo(al)le Io malerials and equipment suitably slored at the site or at some olher location agreed upon in writing, for the period covered by Ihe Applicalion for Paymenl, less Ihe ag~regale of previous paymenls made by Ihe Owner; ant mlm~lSubslanlial Comldelion of the entire Work, a sum sufficient to increase Ihe tolal paymenls to One Hundred percent ( 100 %) of Ihe Contract Sum, less such amounts as the Archilecl shall delermine for all incomplete Work and unsellled claims as provided in the Contract Documents. (11 not covered elsewhere in the Contract Documents, here insert any provision lot limt!ing or reducing the amount retained aller the Work reaches a certain stage ol comple!ion.) ~n the 30th das followin9] Payments due and unpaid under the Contract Documents shall bear inlerest from Ibe date payment is due at the rale entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of inlerest agreed upon.) ~J.~ury law.~ and ~'¢luh~'m~,nt~ under the lederal Truth in lending Act, similar state and local consumer credit laws and *~ther regulations at the Owner's and Contractor's principal places of husine~s, tile location of the Proiec! and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with re,pet! to ¢lc, f(,[iolt, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 * OWNER-CONTRACTOR AGREEMENT * ELEVENTH EDITION · JUNE 1977 · AIA® ©1977" THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final paymenl, com, liluling Ihe entire unpaid balance of the Contract Sum, shall be paid by the Owner Io tile Conlrach'~r when lhe W~rk has been compleled, Ihe Contract fully performed, and a final Cerlificale for Payment has been i~sued I)y Ihe Archilecl. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in lhis Agreemenl which are det'ined in Ihe Conditions o1' the Conlracl shall have Ihe meanings designated in Ihose Conditions. 7.2 The Contract I)ocumenls, which conqilute the entire agreement belween the Owner and the Conlrach~r, are listed in Arlide '1 and, excepl for Modifications issued afler execulion of Ihis Agreemenl, are enun~eraled as follows: and ac~.pted ah~,rnal*.s, ,h~ving i~al~e ,~r sh*',,f ~t~ml)(,t~ i~ all *a.~('s a~)(I (tales *vher*, apldicahh..) All Drawings, Project Manual, and Addendas as prepared by O'Brien, O'Brien, Callaway, as follows: A~,IA Drawi ng_s. ^ Sheets: A-l, Al.l, Al.2, G-l, A-2, A-2.1, A-3, A3.1, A-3.2, A-4, A-5, A-6, A-7, A-8, A-8.1, A-9, A-10, A-10.1, A-11, A-12, A-13, A-14, A-15,' A-15.1, A-15.2, A-16, A-17, A-18, A-19, A-20, A-21, A-22, A-23, A-24, A-25, A-25.1, A-26, A-27, A-28, S-l, S-2, S-3, S-4, S-5, S-6, S-7, S-8, S-9, S-lO, S-11, S-12, S-13, S-14, PME 1.2,'M3.1, M4.1,^Dated February 7, 1985.<~ql ~T ~T~o~ ~ IF_.-.~,i PME 1.1, M-2.1, M-2.2, p-2.0, P-'2.1,-- P-2.2~ P-3.1, E-2.1, E-2.2, E-3.1, E-3.2, E-4.1, Dated February 19, 1985. L-l, L-2, L-3, Dated February 6, 1985. Project Manual Title "Project Manual - Coppell Town Center - Dated, February 7, 1985. Addendums Addendum No. 1, Dated, February 15, 1985 Addendum No. 2, Dated, February 19, 1985 Attachments Attachment "A" attached herewith, Date, March 21, 1985. Project No. 8457" This Agreemen! entered ink> as of the day and year first written above. OWNER CONTRACTOR C. ity nf.Coppel 1 ~_Tex~s~ ~;- B o x/~48~'-C~p [~ 1T,' Tlx a~s 75019 Moward U_ Free.¢~l~,c_ ra'uw , er, ,ox -- Ir'vil~g, Text's 7506-0' AIA DOCUMENT Al111 · ()WNER-CONTRACIOR AGRF[MENT · ELEVENTH EDITION · JUNE 1977 · AIA® @1977 * TItE AM£RICAN INSIlTU1E (.)1- ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 2000f, A101-1977 4 ATTACHMENT "A" COPPELL TOWN CENTER FILE NO. 8457 MARCH 21, 1985 ACCEPTED BASE BID ALTERNATES ALTERNATE NO. 2 - DELETE TOILET ROOMS 112 AND 114 A. Delete Women's Toilet Room No. ll4 and Men's Toilet Room No. 112 as shown on the plans deleting all fixtures, walls, finishes, and doors scheduled for these rooms. 1. Relocate Janitor ll3 and E.W.C. to south corridor wall per Architect's instructions. B. Area is which the toilet rooms were deleted are to become part of Computer Room 115 with lights, ceilings, floor, and wall finishes same as Computer Room 115. 1. Add three (3) 2' x 4' fluorescent lights to this space, same as Computer Room lights. (Lights t~ be located per Architect's directions.) DEDUCT $ 6,000.00 2. ALTERNATE NO. 3 - DELETE ROOMS 203, 218, 234, AND 235 A. Delete Toilet Room 203 including fixtures, walls, door, and finishes scheduled. 1. Include this area as part of the Mayor's Office 201 and finish the walls, floors, and ceilings same as scheduled for the Mayor's Office. 2. Rearrange fluorescent lighting so that Office 201 has four (4) 2' x 4' fluorescent lights evenly spaced. (Delete 2' x 2' light and add one (1) 2' x 4' light.) B. Delete Toilet Room 218 including lighting, fixtures, door, walls, and finishes scheduled. 1. Finish this area with floor, wall, and ceiling finishes same as presently scheduled for Office 21). 2. Add one (1) 2' x 4' fluorescent light, same as lights scheduled for Office 217. (Light location to be per Architect's instructions.) C. Delete Toilet Room 234 and Closet 235 including lighting, fixtures, doors, walls, and finishes scheduled. 1. Finish this area with floor, wall, and ceiling finishes same as scheduled for Workroom 236. 2. Delete one (1) 2' x 2' light in Workroom and add one (1) 2' x 4' fluorescent light, location by Architect. DEDUCT $ 5,100.00 3. ALTERNATE NO. 7 - DELETE WOOD/MARBLE WAINSCOT A. Delete all painted wood mouldings and marble wainscot shown on Drawings as follows: 1. Delete all wood chair rails aon walls and columns (detail 8.108.C). 2. Delete all painted wood wainscot with marble inset on walls, columns, or stair newel posts (detail 8.108.C and 8'.108.B). 3. Provide painted gypsum board in lieu of the above finishes. 4. All wall and column base materials are to remain same as shown on details (either painted wood or marble as shown). 5. All wood stair newel caps are to remain as detailed. DEDUCT'- . $ 11,000..00 4. ALTERNATE NO. 8 - DELETE "COFFERED" CEILING OVER MAIN LOBBY 102 A. Delete "coffered" ceilings and all wood ceiling mouldings as shown and detailed for ceiling over Main Lobby 102. 1. Provide one (1) large recessed flat suspended gypsum board ceiling in this area instead with the ceiling height to be even with the bottom of the "coffered" ceiling beams as detailed and to be above the sidewall mechanical supply slot diffusers. (No changes are required to mechanical systems under this Alternate.) 2. Lighting to remain the same. DEDUCT $ .... ]$~Og~.=.O_O TOTAL ACCEPTED BASE BID ALTERNATES DEDUCT $ 37,100.00 ACCEPTED VOLUNTARY ALTERNATES AND VALUE ENGINEERING o o o o o 10. Eliminate 800 SF of 4' broom finish concrete sidewalk at north entry to bulding. DEDUCT $__1,280.00 At south side eliminate planters, concrete steps and 2,170 SF of concrete sidewalk at south entry to building. DEDUCT Delete paving on west side of building. DEDUCT $ Subcontractor/General £ontractor, cost adjustment to provide Alabama limestone as shown in elevation, Sheet A5 and Miscellaneous Details. (Revised Parking) DEDUCT $ 5,992.00 6,824.00 Delete allowance for Sound Systems. DEDUCT $ ..... 9_,9o__o.:9o Change Type A carpet from $24/SF to $16/SF." Ohange Type B carpet from $15/SF to $13/SF as identified on Room Schedules as "Type A - FC/6" and Type B - FC/5". DEDUCT Provide built-up wood shapes at exterior cornice in lieu of GRC cornice as shown in Detail 403/1702. DEDUCT DEDUCT Delete allowance for VOTE Light System. DEDUCT Provide limestone columns in lieu of GRC as shown at north and south entry. $ $ 8,746.00 $ 56,530.00 $ .... ]_3__,.019__09 $ .... ]_5_,0_0_0-99 No Chanqg_ Eliminate concrete block and concrete ceiling vault 126, 138, 205. Eliminate Door Nos. 42, 59, 86: Change door type from Type 5 HM, A Label to Type 4 door, solid core plastic laminate. $ 25,53i.00 11. 12. 13. 14. 15. 16. 17. 18. 19. Change allowance for seating in council chamber from $200/ea. to $150/ea. seat. DEDUCT $ .... Reduce Building Directory allowance from $3,000 to $1,500. DEDUCT Reduce interior graphics allowance from $15,000 to $1,500. DEDUCT $ .... ]3_,__50_0.,99 Remove marble flOoring from Vestibule 101 and 133 and replace with Type A carpet. DEDUCT Replace marble floor tile at Detail 602 in Lobby 102 with black terrazo with stainless steel divider strips to be located where control joints are shown on Detail 602. DEDUCT $__.]~z§~9:9~ Eliminate marble base at the main stair andall decorative columns at Lobby 102 and ~eplace with painted wood base. DEDUCT- , $ 1,296.00 At Lobby 102 replace marble inset in Wainscot at all decorative columns with painted plywood. DEDUCT $ 1,210.00 Eliminate Sheet A8, Detail 802, delete three (3) window units at Finance Departments wall and provide gyp board in their place. DEDUCT $ 3,000.00 In l i~u of 5" cancrete paving provide 5" concrete pavi~u. 20. DEDUCT On Sheet Al.2, Detail 1.201: Delete 4" broom finish concrete slab outside of council conference room 108. $ ..... _8_,5_99_.99 DEDUCT $ 1,020.00 21. Sheet A-15: Delete all marble countertops shown in restroom areas and replace with plastic laminate counter tops. (Ref. Detail 2805/2806) DEDUCT $___]~9_.99_ 22. Change from a 2 x 2 suspended ceiling to a 2 x 4 grid ceiling in all areas where a 2 x 2 grid is shown except public areas; Rooms 102, 107, 105, '180 and 226. DEDUCT $ 9,313.00 23. Delete Trophy Case (Detail 15.210) Library Circulation Desk (Detail 1.5.218 thru 15.222) and delete Storage Cabinets (Detail 15.221). DEDUCT $ 23,722.00 24. Clarification item: All oak noted is to be plain sliced white oak pickled finish, stained. $ No Cha~g~__ 25. In lieu of the light fixture package specified, provide an alternate lighting fixture package. DEDUCT 26. In lieu of the electrical distribution arrangement shown, provide an alternate electrical distribution. DEDUCT $ 27. Change raised panel wood doors and louvered bifold doors to flush solid core birch doors. DEDUCT $ 4,700.00 28. Engraving in elevator cabs to be Helvetica in lieu of Garamond letter style. DEDUCT $ 1,500.00 29. Use standard 25 gauge metal studs at interior partitions in 'lieu of 20 gauge. DEDUCT $ ~ggg~o_go 30. Reduce hardware allowance. $ 49 99o_.:9.o_ DEDUCT $ 20,000.00 31. Delete wood and glass transom panels above wood and glass doors. DEDUCT $ 5,659.00 32. Delete contingency allowance (Reference Article 4.8.3, Page 00800-3). DEDUCT $ 40,000.00 TOTAL ACCEPTED VOLUNTARY ALTERNATES AND VALUE ENGINEERING DEDUCT $ 354,314.00 ADDITIONAL POSSIBLE ALTERNATES The following is a list of possible alternates presently being considered for this project. The costs noted will remain valid for a period of Thirty Days. Should the Owner elect to accept any or all of the alternates noted, the Contract amount will be adjusted by Change Order. Should it be possible for the General Contractor to obtain select fill at no cost from the site adjacent to this property in lieu of having to purchase select fill from another source. DEDUCT $ lO,O00.O0 e Should the Owner elect to change to 6" concrete paving in the approaches, drives, and fire lanes in lieu of the 5" paving in these areas, this work will increase the Contract amount as follows: ADD $ 2,400.00 UNIT PRICES In the event the Owner directs that additional Work be done or Work be deleted, the Contract Amount shall be adjusted according to the following unit prices: Add Deduct 1. Integral Curb (per lin. ft.) $ 1.75 $ 1.15 5" concrete pavement with reinforcement (per sq. yd.) $ 16.00 $ 10.50 4" concrete walk with light broom finish (per sq. ft.) $ 1.60 $ 0.90 SUPPLEMENTAL COST DATA The Base Bid amount includes drilled piers complete to the depths including scheduled penetration as defined on the drawings. The following adjustments to the Contract Amount, if required, shall be made on the basis of the sum of the total net difference in the total length of the piers compared to the total scheduled length of piers. Drilled Pier Size Add 12" diameter $ 15.00 16" diameter .. $ 18.00 20" diameter $ 23.00 24" diameter $ 25.00 30" diameter $ 35.00 Deduct $ 7.00 per lin. ft. $ 9.00 per lin. ft. $ ll.O0 per lin. ft. $ 13.00 per lin. ft. $ 17.00 per lin. ft. The above Base Bid Amount does not include using steel casings for drilled piers. Adjustments to the Contract Amount, if casing are required shall be based upon the following amounts: Drilled Pier Size 12" diameter 16" diameter 20" diameter 24" diameter 30" diameter .Add $ 6.00 per linear foot $ 6.00 per linear foot $ 7.00 per linear foot $ 8.00 per linear foot $ lO.O0 per linear foot ALLOWANCES INCLUDED IN BASE DID Included in the Base Bid the full amounts stipulated below for allowances as described for disbursement and use in Section 01020, Allowances: A. $150.00 per seat for purchase of seats. B. $20,000.00 Lump Sum for purchase of hardware. C. $2,000 for purchase of brass building placque. D. $1,500.00 for purchase of Building Directory. E. $5,000.00 for purchase of exterior building signage. F. $1,500.00 for purchase of interior graphics, signage, and nameplates. G. $16.00 per square yard for Carpet Type A. H. $13.00 per square yard for Carpet Type B. EXTRA WORK Should changes in the work or extra work be ordered, where the unit prices set out above are not applicable, the following applicable percentage shall be added to the material and labor costs to cover overhead and profit: 1. Allowances to Contractor for overhead and profit for extra work performed by Contractor's own forces. F_ti!tee~ ( 1 5 %) 2. Allowances to Contractor for overhead and profi~ for extra work performed by a Subcontractor and supervised by the Contractor. _Ten ( 10 ~._;) THE AMERICAN INSTITUTE OF ARCHITECTS AIA DocUment Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Howard U. Freeman, Inc. IHere insert full name and address or leg,ti title of Contractor} 1424 E. Grauwyler, Irving, Texas 750'60 as Principal, hereinafter cai[ed Contractor, and, AETNA INSURANCE COMPANY fl-lere i~Sert full name and address or lesal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Cit~ of Coppe11 (Here insert full name and address or lesal title of Owner) P. O. Box 48, Coppell, Texas 75019 .- ag Obligee, hereinafter called Owner, in the amount of Two Million Five Hundred Twenty 'Eight Thousand Five Hundred Eighty Six and 00/~?s-($ 2,528,586.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,. Contractor has by written agreement dated March 28, 19 85, entered into a contract with Owner for Construction of Coppell Town Center, Coppell, Texas in accordance with Drawings and Specifications prepared by O' Brien O' Brien Callaway (Here insert full name and address or legal title oF-Architect) 10210 North Central Expwy., Ste. 301, Dallas, Texas 75231 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · AIA ~) FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 I " NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. · &ny suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Si§ned and sealed this 28th day of March 85 (Witness) ..... :-"' ...... CROTI7 POWERS 8300 Dr: if', '- ,~,,\,.~ ~"~'":'-"~':' ,'-- SUITE 700 D,~L;,~, ~ ~)'.:AS 75225 Tel. f2~4.) 987-210~ Howard U. Freeman, Inc. Principal) (Seal) (Title) AETNA INSURANCE COMPANY (Seal) AIA DOCUMENT A31! · PERFORMANCE BOND AND LAS('~R AND MATERIAL PAYMENT BOND · AIA ® I'EI~RUARY 1970 Elk · THE AMERICAN INSI'ITUTE OF ARCHITEC L',;, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that 1424 E. Grauwyler, Irving, Texas Howard U. Freeman, Inc. (Here insert full name and address or legal lille o[ Conlractor) 75060 as Principal, hereinafter called Principal, and, AETNA INSURANCE COMPANY (Here insert full name and address or legal title of Surety} as Surety, hereinafter called Surety, are held and firmly bound un'to- Citv of Coppell (Here i~sert full name and address or legal title of Owner) P. O. Box 48, Coppell, Texas 75019 as Obi;gee, hereinafter call~d Ow_~er, fo_r the~use~n~bene~fit ok clair0anL% as hereinbelow defined, in the Two Million ~'lve ~unarea 'l~engy ~:zgng T~ousan(~ amount of Five. Hundred Eighty Six and 00/100 (Here insert a sum equal to at least one-haif of the contract price) Dollars ($ 2,528,586.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors; administrators, successors and assi§ns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated March 28, 19 85, entered into a contract with Owner for Construction of Coppell Town Center, in accordance with Drawingsand Specifications prepared by 10210 ·North Central Expwy., Ste. 301, Coppell, Texas O'Brien O'Brien Callaway (Here insert full name and address or legal title of Architec~ Dallas,' Texas 75231 which contract is by reference made a 'part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 · PERFORMANCE. BOND AND LABOR AND MATERIAL PAYMENT BOND · AIA FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this .bond for ...... /he use"of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety-(90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such' aw. c) Other than in a state court of competent ju'ri;di-ct~on in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' li.ens which may be filed of record against said improvement, ~vhether or not claim for the amount of such lien be presented under and against this bond. Si§ned and sealed this 28th day of March 19 85 (Wilness) CORROON & BLAC!?ELLIS CROTTY POWERS 8300 DOUGLAS AVE. SUITE 700 DALLAS, TEXAS 75225 "' ,TeL (214) 987-2100 Howard U. Freeman, Inc. (Title) (Seal) AETNA INSUP~ANCE COMPANY l' (Surety) (Sea Rose~rY Weaver, (~th,) - Attorney-in-f~ct AIA DOCUMENT A311 · I'[RFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · AIA FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVl:., N.W., WASHINGTON, D. C. 2()006 4