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Coppell Heights 9-CS100210T H E C I T Y O R COPPEL February 10, 2010 Mohammed Kamal MJR Engineering 7953 Pinkerton Ct Plano TX 75025 RE: Coppell Heights Addition, Lots 9B & 9C Final Acceptance Dear Mr. Kamal: Representatives of the City of Coppell have confirmed a final inspection of paving and utilities for the referenced project. A two -year maintenance bond for the utilities and a Letter of Credit covering the paving improvements have been provided, and record drawings have been received. Maturity on the utility bond will be two years from the date of this letter; maturity date on the Letter of Credit is January 27, 2012. You may notify the MS4 (City of Coppell) at any time during the two -year maintenance period if stabilization of the site per the SWPPP permit can be demonstrated. If so, complete and submit a Notice of Termination (NOT) to discontinue coverage under the SWPPP permit. A follow -up inspection of the facilities will be conducted prior to the lapse of the two -year bond period. If any punchlist items are noted at that time, you will be contacted to make repairs. Thanks for your cooperation. S vis Offid;d Phone: (972) 304 -3684 Fax: (972) 304 -3570 cc: Ken Griffin, P.E., Director of Engineering & Public Works Glenn Hollowell, P.E., Asst. Director of Public Works Michael Arellano, Chief Building Official Tim Oates, Deputy Chief/Prevention 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Wesley T. Grace Unified Plumbing & Utility, LLC as Principal, and Western Surety Company , a corporation organized under the laws of South Dakota , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell , a Municipal Corporation, Texas, the sum of Fifty Thousand Dollars and no Cents ($ 5 0,0 0 0 ) , for the payment of which sum will and truly be made unto said City of Cnppc1 1 , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Wesley T. Grace Unified Plumbing & Utility, IJ,C has this day entered into a written contract with the said City of Coppell to build and construct Water Main Storm _SPwPr Coppell HPi ghts Adrli ti nn, T.pts 9h R 9r which contract and the plans and specifications therein mentioned, adopted by the City of Coppell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover aII defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said Maintenance Bond Page 1 of 2 provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of CoppP1 1 shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein 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. Wesley T. Grace IN WITNESS WHEREOF, the said Unified Plumbing & Titi 1 i ty, LI caused these presents to be executed by and the said Western surety rnmjany has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Michael Loyd Pool , has hereunto set his hand, the gth day of December , 20 09 . PRINCIPAL SURETY Wwsley T. Grace Unified Plumbing & Utility, LLC Western Sy Crmpany By: 7" "/, 5uRE7l C f (i'✓ . "�'-'mil"? Obi p00 Title: ( "w �G '�', 2 Title: A t t o rn -T n_ ry Fact WI l S: ATTEST: Pilt tut 1.1 NOTE: Date of Maintenance Bond must not be prior to date of Contract. Maintenance Bond Page 2 of 2 CNA 12/5/2009 10 : 42 : 00 AM PAGE 2/003 Fax Server Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 70828048 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make, constitute and appoint Michael Loyd Pool its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Wesley T Grace Unified Plumbing and Utility, LLC Obligee: City of Coppell Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations_ Said appointment is made trader and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of December 4 201 1 ,but until such time shall be irrevocable and in full force and effect. In Witness Whereof,Western Surety Company has caused these presents to be signed by its Senior Vice President,Paul T.Bruflat, and its col-p4M.paltobe affixed this 7th day of December 2009 � .F <_ WEST.' R ►, SURE COMPANY = 3"' Paul T.Brufla Senior Vice President 7,'"= t: e . :..s STI ' F:AQT,JTTH'I 'iE'1PA "4";. R=<e<..z_ ss C DUN1 :Q]? gIAFL9 On this 7th day of December ,in the year 2009 ,before sue,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. •••• D. + ► K D. KRELL f/ �NOTARY PUBLIC/ f + SOUTH DAKOTA otary Public-South Dakota + + My Commission Expires November 30,2012 I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 7th day of Decenioer 2009 WEST ' R ■, SURE COMPANY Paul T.Brufla nior Vice President Form F5306-9-2006 __--„ 1ITTi ITV PLBG PAGE 03/6 10/08/2009 11:25 9722881868 " ""� UNIFIED UTILITY PLBG • PAGE @4/04 dil - ' • Unified • 1 al Plumbing & Utility Contracting . , "Over 30 Years Experience" 1606 Longview Dr. • SCR 09494 tic. M6617 Mesquite, Texas 75149 . 214-577-8560 Fax 972-288-1868 cost P011..; COPPELL •- ._.._..._... Item Job Nam.; COPPELL HEIGHTS / Description Quent iy Ran Total IMIIIIIMIMIIII COPPELL HEIGHTS COPPELL,TX ,—......I.IIIIIIIMIIIIIIIIam=illIlIlluomIIIIIIIIII 6 1111.1111111111111111111111111111 . PRICES FIRM FOR 30 DAYS. ! 11111=1.11111111.111111111111111111111111111111111.1111.1" WM WM 2 '.r inummill iVATER<>o Oa ,1114PX L $C900 OR 14 PVC GI PIPE {t4 6 0..900 DR14 PVC 01 PIPE llfi/� 16206.96 s'.32 100 5-617 C 1230BHSS00 I2GA 301 500 FT COP TRCR WIRE BLUE M 4.38 50 40 LB PIPE IT LOB NSF SV%V/HDL � 40.000 ei 40.00 RSS• III1755081 16X8 SS TAPN SI,Y 17,15-17.55 14.80 RSSr1711145081 10X8 SS TAPN SLV11,06-11.45 1208.010 1219. 0 S 814.300� �� http:/I us.;Eg12.�fi-Yaixoa.com/ym/3�taw o $l�.sfl 2I.sF e� I.att r7box=$.1o20U.°�.2UI.%ZOjo d-821... 7/23/2008 642.7C '3/20( 10/08/2009 11:25 9722881868 UNIFIED UTILITY PLBG PAGE 01/04 4 DIA MIHOLE 1 574.825 EA 574,83 --STA 0+00-- 15"()493.51. 15".4 180493.fi1 - - 4 8"(ate 270 502.28 DOG HOUSE BASE NOT INCLUDED RIM-514 840024R0 400#NI/HOLE RNG ONLY 11.0.15o 220.30 B404245SLU 400#SAN sWR LID ONLY 141.860 283.72 MtHPSS2412 24-112 SS MiI-IOLE rNFLOW PROT 172,0.34 344.06 TOTAL 6699.56 =>.:.>STORM '>. w -LINEAi - - RCPP18 ,18 CI.III RCP PiPi? . 23.640 2293.08 SP-6CuRBTNLET 6'CURB INLET 1300.004 1300.00 --LINE A-- RC'PPI8 18 CL Ill RCP PIPE III1Ma 23.640 BE 7044.72 RCPP18 18 CL 111 RCP PIPE 30 23.640 so 709.20 SP-OCURI3INLET 6'CURB INLET 2 1400.000 2800.00 --LINE B, RCPPI8 18 CL Iii RCP PIPE 97 23.640 Gm 1293.08 • SP-PI OPCI 10'PRECAST CURB INLET 1 1650.000 1650.00 . -_ TOTAL Net Total: 92488.64 Tax: 7530.34 Total: 100118.98 Quoted prices are based upon receipt of the total quantity for immediate shipment(48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT. Quotations are offered contingent upon the Buyer's acceptance of Seller's terms and conditions.Seller objects to all other terms and conditions.Seller not responsible for delays or lack of product due to causes beyond our control.Purchaser's sole warranties,If any,are those provided by the manufacturer. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.IN NO EVENT WILL SELLER BE LIABLE FOR ANY INCIDENTAL,PUNITIVE,SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT. SELLER'S LIABILITY,IF ANY,SHALL.BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER. Complete Terms and Conditions are available upon request or can be viewed on the web at http://us.f 12.mail.yahoo.com/ym/ShowLettet?box^B%200%201.%o20jobs&Msgld=$21... 7/23/2008 MetroBank, N. A. Letter of Credit Department 9600 Bellaire Blvd., Suite 252 Houston, Texas 77036 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SBMP-103500323 Beneficiary: Jan 27, 2010 City of Coppell 255 E. Parkway, P 0 box 9478 Coppell, Tx 75019 Re. Construction of Coppell Heights Addition, Lot 9B & 9C Standby Letter of Credit No: SBMB-103500323 Applicant: MJR Engineering, Inc. 7953 Pinkerton CT, Plano, Tx 75025 Expiration Date: Feb. 1, 2012 Gentlemen: We, MetroBank N.A. Houston Texas hereby establish our Irrevocable Standby Letter of Credit No. SBMP-103500323 in your favor and for account of MJR Engineering, Inc. 7953 Pinkerton CT, Plano, Tx 75025 for an aggregate amount of US$30,400.00 (U.S. Dollars Thirty Thousand Four Hundred and 00/100 Only), available to Beneficiary by draft drawn at sight on MetroBank N.A. Houston, Texas accompanied by the following documents: 1. A Signed statement by the City Manager of the City of Coppell or the City Manager's designee, stating that' "we certify that MJR Engineering, Inc. has failed to fulfill their contractual obligations under the construction requirements." And 2. The original of this Standby Letter of Credit and Amendments, if any. Page 1 of 2 Page 2 of 2 MetroBank, N. A. Letter of Credit Department 9600 Bellaire Blvd., Suite 252 Houston, Texas 77036 Irrevocable Standby Letter Of Credit NO. SBMP-103500323 City of Coppell Additional Conditions: 1 Partial draws under this Letter of Credit are allowed. 2 Draft drawn under this Standby Letter of Credit must bear the following clause: "Drawn under MetroBank N.A. Houston Texas Letter of Credit No. SBMP-103500323 dated Jan. 27, 2010 We hereby engage with you that all drafts drawn under and in compliance with the terms of this credit, will be duly honored if presented at this office (9600 Bellaire Blvd. Suite 252, Houston, Texas 77036) on or before Feb. 1, 2012. This Standby Letter of Credit is subject to "The Uniform Customs and Practice for Documentary Credits" (2007 Revision) International Chamber of Commerce Publication No. 600. MetroBank N. A. Authorized Signature thorized Signature Gloria Liu,. VP .'udy Huang, AVP WIREngineering - New Construction * Engineering : Environmental Services DATE: DEC 21,2009 SITE:920 S BELT LINE , COPPELL,TX PAVEMENT DETAILS 3 DRIVEWAY APPROACHES&SIDEWALK(TOTAL APPROX CONCRETE AREA=5260 SFT) COST OF MATERIALS $13,150.00 LABOR $6,575.00 TOTAL $19,725.00 MEDIAN OPENING(APPROXIMATE PAVEMENT AREA 4260 SQ FT) LIME TREATMENT $1,770.00 COST OF CONCRETE MATERIALS $12,780.00 BARRICADE $5,400.00 LABOR $8,200.00 TOTAL $28,150.00 STAMPED CONCRETE(APPROXIMATE CONCRETE AREA 1100 SFT) COST OF MATERIALS $7,975.00 LABOR $4,950.00 TOTAL $12,925.00 GRAND TOTAL $60,800.00 WWw.mjrcOfStrUCttO11S.G8m p: 469.544.8150 1 f: 972.767.3003 1 e: mkamal67 @gmail.com 7953 Pinkerton Ct. Plano,Texas 75025