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ST8402-CS 861215ADDRESS. CITY: ATTENTION I TTER OF TRANSMITT/ DATE: ~'~-f~'~),~OB NO.: PLEASE BE ADVISED. WE ARE SENDING YOU [] ATTACHED ?, UNDER SEPARATE COVER VIA THE FOLLOWING: [] PRINTS r~ PLANS [] SHOP DRAWINGS [] SAMPLES [] SPECIFICATIONS ~ ARTWORK [] PROOFS [] PHOTOGRAPHS [] COPY OF LETTER [] 'CHANGE ORDER r NO []~TE COPIES OI~CRIPI'ION ,, . ~" ~ THESE ARE BEING TRANSMITTED AS INDICATED BELOW: AS REQUESTED FOR APPROVAL [] APPROVED AS IS [] APPROVED WITH CORRECTIONS [] SUBMIT [] RETURN COPIES FOR DISTRIBUTION CORRECTED [] FOR YOUR USE ~ RETURNED WITH CORRECTIONS [] RETURNED AFTER LOAN TO US [] FOR YOUR COMMENTS [] RESUBMIT COPIES FOR APPROVAL [] [] FOR BID(S) DUE iCOMMENTS: SIGNED: MAINTENANCE DOND Bond No. 400HE 9374 KNOW ALL MEN BY THESE PI[ESENTS, 802 N. Kealy, Lewisville, Texas 75067 S1~ P'AUL FIRE AND MARINE INSURANCE COMPANY the la~vs of the State of CITY OF cOPPELLt TEXAS Minnesota That MIDWEST BRIDGE CORPORATION, , as Principal, and incorporated uhder , as Surety and firmly bound unto (hereinafter called, the Obligee) in the penal sum of Four Hundred Eighty-One Thousand Eight Hundred Ninety-Three 65/100 ............ ($ 481,893.65 ..... ~ Dollars, to. which payment well and truly to be made, we hereby bind themselves, presents. !. their successors, assigns and legal representatives firmly by these THE CONDITION OF THIS OBLIGATION IS SUCH, into a contract with the Obligee dated That whereas, the Principal entered for Construction of Sandy Lake/ Denton Tap Improvements AND, WHEREAS, the Obligee requires a guarantee from the Principal against defect- ive materials and ~vorkrnanship in connection with said contract: ;. NOW, THEREFORE, if the Principal shall make any repairs or replacements which may become necessary during the period of one (1) yearx& from date of ecceptance because .of defective materials or workmanship in connection with said contract, of which defectiveness the Obli§ee shall give the Principal and Surety written notice within fifteen (15) days after discovery thereof, then this obligation shall be void; otherwise it' shall be in tull force and effect. 'All suits at law or .proceedings in equity to recover on this bond must be instituted within twelve (1;~) months after the expiration of the maintenance period provided for herein. Signed, sealed and dated this 7th day of August 19 86 MI DWEST, I~.P,,ID~E) CORPORA~N ' ST. PAUL FIRE AND MARINE INSURANCE COMPANY r the Power of Attorney Clerk. Please refer to the Certificate of Authorit> No. and the named individual(s). ~' ' -- '"" -- ~r GENERAL POVCER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. Sec Certification.) ~' ~..1 MENBY THESE PRESENIS: That St. Paul Fire and Marine Insurance Compan.;. a corporation organized and existing under the laws of the · St~~ng in principal office in the Cit.) of St. Paul, Minnesotz~, does hereby constitute and appoint: Thomas M. Finholm, Kevin J. McGreevy, Michael T. Kelly, Eric Van Buskirk, LaVonne Rinke, Jerome J. Reardon, individually, Kansas City, Missouri its true and lay, ful allot ney[s)-in-fact to execute, seal and deliver for and on its behalf as surely, an.'.' and all bonds and undertakings, recognizances, contracts of indemniD and other ~ritings obligatory in the nature thereof, v, hicE are or ma5' be alloy, ed, required or permitted by law, statute, rule, regulation, contract or other~,'ise, NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH and the execution of all such instrument{s) in pursuance of these presents, shall be as binding upon said SI. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknov, ledged by tls regularly elected officers at its principal office. This Power of Attornes is executed..:nd ma5' be certified to and ma5 be re',oked, pursuant to and by authoriD of Article hq-Section 6(C), of the By-Laws adopted by the Board o1: Directors of SI. PAUl. FIRE AND MARINE INSL'RANCE COMPANY at a meeting called and held on the 23rd da)' of January, 1970, of which the follo,~ing is a true transcript of said Section 6{C): "The President or any Vice President, Assistant Vice President, Secretary oi' Resident Secretary shall have power and authority (l) To appoint Attorness-in-fact, and to authorize them to execute on behalf of the Company. and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnily and other writing,, obligatory in the nature thereof, and (2) To appoint special Attorneys-in-fact, ,,,,ho are hereby author'ized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Compan.); and (35 To remo).e, at an'), time, any such Ap. omen-in-fact or Special Attorney-in-fac', and revoke the authorhy given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of Ma5, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Compan) ma5 be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attornes' or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it ia attached." IN TESTIMONY WHEREOF, St. Paul FiR and .Marine Insurance Comlmny has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984. ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF MINNESOTA} ~ County of Ramsey ss. Vi~c President On this 28tgi da5' of Augu$t .19 86 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Pa~! Fire and Marine lmuraae~ Company': that the seal affixed to said instrument is the Corporate Seal of Said Company; that the said Corporate Seal and his/her sig 'ature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. MARY C. CLANCY, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 CF-JITIFICATION 1, the undersigned officer of St. Paul Fir~ and Mar/ne Insurauce Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE HOME OFFIC.~ OF SAID COMPANY, and that the same are corral transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. 7th dayof AuguSt ,19 86 Secretary Onb a certified cop5 of Po~er of Attorney bearing thc Certi:'icate of &uthor~:} No. printed in red en the upper right corner is binding. Photocopies, carbon copies or o~I~er reptoduction~ of this document are ins ahd and not binding upon the Compan.). ANY INSTRUMENT last ED tn F\CES.~ Ot THY PENALT% AMOtNT STATED %BOYE Is TOTALLY %'OLD AND WITHOt'T ANY %]AI.IDITS'. FINAL WAIVER OF LIEN To All Whom It May Concern: WHEREAS, the undersigned has been employed by City of Coppell to furnish labor and materials for Highway Construction and Utility work work, under a contract for same for the improvement of the premises described as - Sandy Lake/Denton Tap Intersection inthe City (City-Village)of Dallas ofwhich CitY of Coppell Coppell ,Stateof Texas , County of is the owner. NOW, THEREFORE, this 5th dayof December ,19 86, for and in consideration of the sum of: F~ $ 4 81,8 9 3.6 5 Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the under- signed does hereby waive and release any lien rights to, or claim of lien with respect to and on said above- described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above-described premises by virtue of said contract. Midwest Bridge CorD. ISEAL) {Name of ~ole ownership, corpo~atiq~ or parmership) ~ - ,'"I ,'1 I (Signature) ' Vice-President TITLE: iIN~TF,,JCTIONS FL)f: .;:!NAL WAIVER Designed By The Construction Industry Aff~irs Committee (CIA. C) CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AIA Document G706 OWNER ARCHITECT CONTRACTOR SURETY OTHER TO (Owner) [- -1 CITY OF COPPELL, TEXAS ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction of Sandy Lake/ Denton Tap Impr-ovements PROJECT: {name, address) _a CONTRACT DATE: CONSTRUCTION OF SANDY LAKE/DENTON TAP IMPROVEMENTS On or About May 30, 1985 State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby, certifies that, except as listed below, he has paid in full or has other~ise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate attachment: (yes ) (no ). The following supporting documents should be at- tached hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- pliers, to the extent required by the Owner ac- companied by a list thereof. 3. Contractor's Affidavit of Release of Liens (AIA DOCUMENT G706A1. CONTRACTOR: MI DWEST BRIDGE CORPORATI ON Address: 802 North Kealy, Lewisville TX Subscribed and sworn to before me li~i~ ! day Nt,ota ry P u b I i c~//,~, ,-' ~' ~.',- :x,:_..~ .? :ommi o 75063 AIA DOCUMENT 0',.? PACE CONSENT OF SURETY COMPANY TO FINAL PAYMENT AIA DOCUM£NT G707 OWNER ARCHITECT CONTRACTOR SURETY OTHER PROJECT: Iname, address) CONST~:UCT t ON OF SAN[}~ LA<E/DENTON TAP IMPROVEMENTS TO (Owner) L CONTRACTOR: CITY OF COPPFLL. TEXAS MIDWEST BRIDGE CORPORATION ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction of Sandy Lake/ Denton Tap Improvements _] CONTRACT DATE: On or About May 3,3, 1985 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the ,here insert name and address ot Surely Coml:~ny) ST. PAUL FI RE AND MARl NE INSURANCE COMPANY, 385 Wash i n~ton Street, St. Paul MN 55102 , SURETY COMPANY, on bond of (here in,er! name and address of Contraclor) Le~isville, Texas 75063 MIDWEST BRIDGE CORPORATION, 803 North Kealv, , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment lo the Contractor shall not relieve the Surety Comp_any of any of its obligations lo Ihe~e ,nsert n~me ~nd address of O~ner) . THE CITY OF COPP~_LL, TEXAS, , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this th i rd day of SeptemDer, 19 66. ST, PAUL FIRE AND MARINE INSURANCE COMPA..N~ Surety Company wi tness: Signature Autl~orized R_,_re~-entati/e // ~ m // ~ Kevin J. rqcGreevy, Attorney-in-Fact lh,s form ~s l(~d a~ a compamon document lo AIA DOCUMENT G7~, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CL ~1%~S Curr(.n~ [d,~on