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Westhaven 2B-MB170721GILCO CONTRACTING, INC. TRANSMITTAL LETTER PROJECT: Westhaven Phase 2B PROJECT NO.: 1103 DATE: July 21, 2017 TO: Matt Mabry City of Coppell 255 E. Parkway Blvd. Coppell, Texas 75019 We transmit: For Your: (X) Herewith ( ) Approval ( ) Review & Comment (X) Use The following: (X) Other ( ) Specifications ( ) Bonds ( ) Under Separate cover via ( ) Distribution to parties ( ) Record ( ) Execution ( ) Shop Drawing Prints ( ) Shop Drawing Reproducible ( ) Contract Documents Copies Date Rev. No. Description 1 Final Paperwork and Maintenance Bond REMARKS: COPIES TO: (with enclosures) BY: Rob Taylor 6331 Southwest Blvd. / Benbrook, Texas 76132 817/735-1600 ext. 316 Fax 817/735-1613 rob@gilcocontracting.com ;ucn <wD 1 R1 D -C) W Z > A Z m c NDn M 1 W CO y 0 DmA, v m m -n ; v m D 2 N O j Z W '� v r cn i 1 0 G so V � w m N � �x 0 O o Z m 4. m40i o z �, O OOCZ X m 0 p42 jW N O Z n J Z w cr 3 a) m w A 1 00 V co O v I -I O O y r r1 (� D C r r 0 K-, O x x O X q �nmcn cnm -zi-A z w m;o0Z 0 0oLgWr431q O y Oy00 Dg-jDmmvzpx m F m M. m m M A W .91 A D 00 N 00 00 Cl) w(l) Co CO 00 O 00 ;ucn <wD 1 R1 D -C) W Z > A Z m c NDn M 1 W CO y 0 DmA, v m m -n ; v m D 2 N O j Z W '� v r cn i 1 0 G so V � w m N � �x 0 O o Z m 4. m40i o z �, O OOCZ X m 0 p42 jW N O Z n J Z w cr 3 a) m w A 00 V O N A W N 4':. o m i -I 0-0m0v-i-0 iuOcn _0 -A z w m;o0Z 0 0oLgWr431q D� X - -" Nn< � c Dg-jDmmvzpx coz co D m 0 O A o T_.-��0 m� n m m D O O ;O �'pq 7 z K z- -z mD u D-� S C CU) U) mm=mrvmm0 G)G) xn� mm5m r l�3m.7TI,rn0 Nz _{��A-0� Oz Cn#�1 A ) G) i r mo z z m � D r x O p c O D z Z in au v w au -I D W O N O n N -� V 00 r r <ncnDDDDcn-nyz�-G m m miInnr r m�(n(n 7Z 'F'� ) :,4. 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OON w w cn o (T� o En r) :,��Z ` C� -1 m O O O O O O O O O O O O O V O N O O O O O N nh n bµ0 lw fA (A fA fA dl 69 W fA di N fA N;u N 00 a# o Z,�1 : fd D1 V to W (n O) fy N OJN .7,PPIPPNI W(nN�O} m D n 0 0 0 0 0 0 0 W O OD 01 00 O O O O o O o N O O 010 0 00 p 0 0 N O o 0 v p V ,; '4 W d) w N O a m '-i O V co j69 ojMNtnwN fA Efl 69 N ,: O C W -O�1JrnN00'(� th CO to cn o O U1 O O O O > -. 00 N O O N (0 N Cl) O O O 0 O) O Ul Co !� O co N11 m --I 00 0 0 0 0 0 O O O O O 010 'O N10 O O- mp mx (n O (r 0 0 0 0 0 0 0 0 0 t 0 0 O O 0 0 'O 0 0 0 0 0 $', O 0 0 000000000000, 0 0 0 0 o aao 00 a 0 0 o 0 0 0 0 00 o aaa�o 0 0 ;ucn <wD 1 R1 D -C) W Z > A Z m c NDn M 1 W CO y 0 DmA, v m m -n ; v m D 2 N O j Z W '� v r cn i 1 0 G so V � w m N � �x 0 O o Z m 4. m40i o z �, O OOCZ X m 0 p42 jW N O Z n J Z w cr 3 a) m w A 1VLAiN1'ENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } Bond #022056878 D10W ALL MEN BY THESE PRESENTS; THAT Gilco Contracting, Inc. as Principal, and Liberty Mutual Insurance Company a corporation organized under the Iaws of Massachusetts , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell a Municipal Corporation, Texas, the sum of Two Hundred Five Thousand Six Hundred Fifty Dollars and Ninety Cents ($ 205,650.90 ) , for the payment of which sum will and truly be made unto said City of Coppell 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 Calatlantic Homes has this day s/22/15Cntered into a written contract with the said Gilco Contracting, Inc. to build and construct Westhaven Phase 2B - Paving Improvements 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 is 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 worlananship 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 all 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 I 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 Coppell 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, ' IN WITNESS WHEREOF, the said Gilco Contracting, Inc. has caused these presents to be executed by Dale R. Gilreath and the said Liberty Mutual Insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Sophinie Hunter , has hereunto set his hand, the 9th day of May 2017 PRINCIPAL SURETY Liberty Mutual Insurance Company By: Title; Sophinie Hunter, Attorney -In -Fact WITNESS: A + ; Zj I ftj—q0,j NOTE: Date of Mainteratnce Bard must nor be prior to date of Contract, Mafnletumce Bond Page 2 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7767461 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company Is a corporation' duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and; appoint, Don E. Cornell; Kelly A. Westbrook; 'Ricardo J. Reyna,:Robbi Morales; Sophinie Hunter; Tina McEwan• V_ DeLene Marshall all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its art and deed, any"and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have: been duly signed by the president and attested :by. the of the Companies in (heir own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed byan authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th - day of May 2017 - R3 The Ohio Casualty Insurance Company rn 0 1919 n Liberty M 1912 1991 Mutual Insurance Company m y West merican Insurance Company U) yr * h� * * By: STATE OF PENNSYLVANIA ss David M. Care , Assistant secretary C COUNTY OF MONTGOMERY Cn On this 16th day of May 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v F- V (D Company, The Ohio Casualty Company, and West American Insurance Company, and that lie, as such, being authorized so to do, execute the foregoing instrument for the purposes - >,Q) p therein contained by signing on behalf of the corporations by himself as a duly authorized officer. LU () > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O C. y 5p, PAST COMMONWEALTH OF PENNSYLVANIA v 0 NwEgC F(f � Notarial Seat -4— d' Teresa Paste.la, Notary Public By __ _ :._ O O ` OF Upper MerionTwp., Montgomery County Teresa Pastella; Notary Public d r_ My Commission Expires March 28,2021_ - 3 O.. ywSYLNP�� G O++ Opq .PUOL� M19omber, Pennsylvania Association of Notaries a E C cts This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual of O Insurance Company; and West American Insurance Company which resolutions are now in full force and effect reading as follows: t q >�U) ` ARTICLE IV— OFFICERS — Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C L 4; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, a0i O ,_ acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so N p M executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > c the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. M C ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E � r L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, L M O O -seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their _ 00 Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so" O q executed such instruments shall be as binding as if signed by the president and attested by the secretary. ; C Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Compary, authorizes David M. Garey, Assistant Secretary to appoint such attorneys -in- ~ :fact as may be necessary to act on behalf ofthe Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of, the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a cerified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed; t, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, rue and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this l day of 20 0 1929 0 � 7912 ° F 1997 2 By: 4'�``!" tom' '�•`�"_� o y rr ; Renee C. Llew ssistant Secretary a'y ti.�nes � 9) '`Sfuip, � :rniai:H t' 96 of 300 LMS 12873 022017• 01 Liberty Mutual® SURETY TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll-free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1 A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http•//www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NP 70 68 09 01 LMS -15292 10115 TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una quej a: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtectiongtdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto.