Loading...
Gibbs Station 1-CS 921209~AINTENANCE BOND NO. BNS135 46 68 Amount: $27,470.00 KNOW ALL MEN BE THESE PRESENTS, That we, L.H. LACY COMPANY · as Principal, and Firemen's Insurance_ Co~m~nv of Newark: N~w .;~r~,v , a COrporation duly organized under the-la~s of the State of w~ .~,~.~v .. and duly licensed to =ransac~ business in ~he s~ace of Texa~ (~erelnaf~er called ~e Surety), as Surety, are held and fi~ly bound ~to the City of Coppell, Texas (hereinafter called ~he Obligee) in ~e s~ of Twenty Seven Thous~n~ .Four Hundred Seventy & 00/100 .... Dollars for the pa~ent of which s~ well ~d ~ly =o be made, we, the said Principal and ~e sa~d S~ety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly an~ severally, focally by ~ese presents. Mealed wi~ our seals and da=ed =~is 9th day of December , 19 92 . WM~M, =he said ~incipal ~as ~ere~ofore entered ~n~o a contract wi~ Gibbs Station, Ltd. .., da~ed 8/17/92 , for Pavin~ Improvement s Gibbs Station, Phase and, NOW, THEP. EFOR~, =~e condition of ~lis oD£$ga=lon is such that if said Principal shall faithfully carry out and perform the said guarantee, and shall, or due notice, repair and make good at its own expense any defects which are Tile result of faulty workmanship and materials in said contract which may develop during the period of one {1)_ year, or shall pay over, make good and reimburse to the said obligee ali loss and damage which sa~d Obligee may.sustain by reason of failure or default of said Principal ~o do so, then this obligation shall be null and void~ otherwise shall remain in full ~orce and effect. L. H. LACY COMPANY Firemen' s Insurance Company of Newark, N.ew Jersey Surety By: Barbara Holmes Attorney-in-Fact Firemen'.e' surance Company of N -,vark, New Jersey · ' 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Barbara Ho'tmes of Houst. on, Texas its true and lawiul attorney, for it and Jn its name, place, and stead to execute on behalf of the said Compae~ as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bondor undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five Million ($5,000,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the foilowin$ Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meetin8 duly called and held on the 20th day of February, 1975: "RESOLVED. that the Chairman o~ the 6oa,:l. the Vk:e Chakman ~ the Boan:l. the Pre~ an Executive Vice Pmsidem m a Se~kw Vk:e Pmsidem m a Vice President o/the HREMEN'S INSURANCE COMPANY OF NEWARK. NEW IERSEY, boe~s, undefjokinll a~ a# conira~s o/sumey~dla; and ihal an A#iManl Vice Pmsideel. & Seg3'ela~ or an Assistant Seo'e~a~y be, and that each or any olr them hereby is, authorized m atte~ the execution o/any tach Powor cd/asomeyo and jo attach themjo d~e seal o/the Company. FURTHER RESOLVED, that the sijnatures o/such officers and the seal oJ the Company may be aJlixed to any such Powm' of Aljomey or Jo am/cmtiflcajo re4atinl tbemlo by with respect to any bo~d. unded~kinl or co~lract o~ ~umlyshiP to which it is aljoched'" In Wib~,~s Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed. and these presents to be signed by one of its Vice Presidents and attested by o~e of its Assistant V'P:e Presidents this ls~ day o~ May, 198S. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: By RobertW Adler S~ Am~tm~V'tce Presidem Michaell.~VkePmsklem STATE OF NEW YORK COUNTY OF NEW YORK On this 1st day of May, 1985, before me personally came Michael J. Beemaert, to me known, who bein$ by me duly sworn, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument; that he knows the seal of the said coqx)radon; that the seal affixed to the said imtmment is such corporate seal; that it was so affixed by order of the Board of Directors of said coq3oration and that he signed his name thereto by like order. ETHEL TARAHTO NOTARY PUBUC, SIajo olr New Yodc No. 24-46Ll117 ~ in Kklgl, County ~ F. xo&~ ,~wch .10, t ee~ I, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoin8 and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Altomey, is now in force. Signed and sealed at the City of New York, in the State of New York. Oaled the 9t:h day of Decemb'e~19 92 P~ted in U.S.A. 21 BONO 4315K CONTRACT ~S PAVING IMP~ (214)248-9190 ENGINEER= DAN H. DOWDE~ & ASSOCLkTES CIVIL ENGINEERS 16250 naTx.n~ p~ SUITE 100 DALLAS, TEXAS 75248 (214) 931-0694 This Agreement is aa~e~ b and between Gibbs Station, Ltd. (hereinafter called 1992, y - - ....... , ~ereinafter called the Contractor). Owner) and L.H. Lacy ~omW Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: __Article 1. Work:. Contractor shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: Street and Alley Pavi~a C~nstru. Ctis°ne~ti~b~o~~o~h~:n~ cted ~n the cons=ruc=lon plan refle ' -- . -~-~-- ~ ~--~11 -- Dallas , County, for G~bbs Station, Phase Texas", and prepared by Dan M. Dowaey 'plans and documents as described herein. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as Gibbs Station. Phase 1 . Article 2. _~naineer[ The Project has been designed by Dan M. Dowdey &Associates, 16250 Dallas Parkway, Suite 100, Dallas, Texas 75248, (214)931-0694 (hereinafter call the Engineer) and who will assume all duties and responsibilities and will have the rights and authority assigned to Engineer in the Contract Documents in Connection with completion of the Work in accordance with the Contract Documents. a~ticle 3: ~ontract Time ~ '~al a ent in aocor~ce with the~neral for f~ P~ ._ _ ,. ~aao -ss~a zssu~ce oz a or ~fore Decayer ~z , ~r - to Proceed by Nov,~er 11 , 1992. i 2 suffer'~:...financial loss if the Work is no= substantially completed-within the time specified in Paragraph 3.1 above plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense,~ and difficulties, involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete. a~ticle 4= Contract Price Owner shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds as follows~ Two Hundred Seventy Seven Thousand Three Hundred Ninety Nine and 70/100___Dollars {$277,399.70~. _a~icle 5 = pa~_m_~nt Procedures Contractor shall submit application for Payment in accordance with Article 14 of the General Conditions. Applications for payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments= Owner shall make progress payments on account of the Contract price on the basis of Contractor's applications for payment aS reco-~ended by E.ngin. e. er and approved by Owner, on or abo~t the Friday fo.l.l.ow.~ng. =ne 10th of each month during construction as provlae~ De£ow. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for .in paragraph 14.1 of the General Conditions. 5.la Prior to substantial completion, progress payments will be made in the Amount equal to 90% of the Work completed only. Contractors request for payment shall be as of 25=h day and shall be submitted to the Engineer no later than the last day of each month. 5.1b Upon substantial completion, Owner shall pay (within 30 days of receipt of Engineers recommendation for payment) '-:' - ........... ~ --~lncrease'--t0talTM payments to less such -. . ..... :~---.-?ramounts~:'7 ask! Engineer and - Owner shall determine in _ ~--; - accordance with Paragraph 14.13 of the General ~ . .... Conditions. ' · _ .... · 5.2 F~nal Payment: Upon final Completion and acceptance by the Engineer, Owner and reviewing agency of the' Work in accordance with Paragraph 14.13 of the General' Conditions, Owner shall pay the remainder of the contract price as recommended by the Engineer and Owner as provided in said Paragraph 14.13. Article 6: Contractor' s Representation In order to induce Owner to enter into the Agreement, Contractor makes the following representations: Contractor has familiarized themselves with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which were relied upon by the Engineer in the preparation of the Drawing and Specifications and which have been identified in the Supplementary conditions. 6.3 Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and 'related data in addition to those referred to in Paragraph 6.2 as he deems necessary for the performance of the Work at the Contract price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents; and no other additional examinations, investigations, tests, reports, or other similar data are or will be required by Contractor for such purposes. 6.4 6.5 Contractor has correlated the results of all such observations, examinations, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. Contractor has given Engineer and Owner written notice of all 4 :~.-'~.~ii~./~' i'~'~'~righ~?and all subcontracts and purchase orders shall contain ~_~.. · a * provision subordinating the - subcontractors · and - . materialmen's liens' and right to remove removable improVements to the Mortgage and Lender's rights thereunder. No change order shall be effective without the prior written approval of the Lender except for permitted scope changes. Article 7: Contract Documents The Contract Documents which comprise the entire agreement between the Owner and Contractor are attached to this Agreement, made part hereof, and consist of the following~ ?.1 This agreement; 7.2 Invitation to Bid; 7.3 7.4 7.5 Contractor's Bid Proposal; Insurance in a~ount reflected in attached certificates; Amendments to General Conditions; 7.6' General Conditions; 7.7 7.8 Special Conditions and Technical specifications; Drawings (sheets I thru 1% ); COVER LETTER 1 2-5 6-8 10-11 12 13-14 15-17 Final Plat Street Paving Alley Paving Drainge Area Map Storm Sewer Plans Water & Sanitary Sewer Sanitary Sewer Profiles Grading Plans 7.9 Any modifications, including Change Orders, dUly delivered after execution of Agreement. There are no Contract documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed .by modification (as defined in.Section I of the.. Ow~ er~. and contractOr that this Agreement · ~.~ Contract_ as defined by Rule 3.291, Chapter ~?" ~" 151~°f--.~th~-Texas_ Tax Code..--. Such separation shall be as stated in the Contractor's Proposal which is made a part hereof. 8.1 Title to the materials used to perform the contract shall pass to the developer (who shall be the Owner) at t~e time they are delivered to the job site and before they are incorporated into the realty or used by either the Contractor or the developer. Payment for such materials shall be in accordance with this Agreement and any supporting documents included herein. 8.2 The developer intends to donate the property to the City of Dallas and the city intends to accept the property before the material is incorporated into the realty or used by the Contractor or the developer. This prior intention is further evidenced by the Final Plat and Construction Plans as approved by the city.. The Contractor shall therefore give a resale certificate for the materials and accept an exemption certificate for sales tax purposes which the developer shall provide. Any and all sales taxes or other taxes not covered by the exemption certificate shall be the responsibility of and shall be paid by the Contractor. Article 9= ~scellaneo~ 9.1 Te=ms used in the Agreement which are defined'inArticle i of the General Conditions shall have the meanings indicated in the General Conditions. 9.2 .No_assi.gnm. ent._by_ a .party of hereto of any rights under or _~_n~ere.sns .~n =n.e..con~r.a. ct Do.cuments will be binding on another. ~_~r~y ?ere~.o wit. hOUr .~n..e w?.ltt.en consent of the party sought u_o ~e Douno~ ano speclilca±£y but without limitation, moneys ats~_a.t may .b.e.com.e du.e. and moneys that are due may not be ~gneo without SUCh consent (except to the extent that the ~=~caz~y s=a=eo =o =ne contrary ~n any written consent to an assignment no assignment will release 'or discharge 'the assignor from any. duty or responsibility Under the Contract Documents. Not w~thstanding the foregoing, assignment of any or all rights and interests by Owner to Owner's development ~ '-. , 6 )- /~[~.-: ~'. ~':~'~'L~;./~f--~:' ~.l.~:~-.~,'~i- , ''". :-' · _'_. _ -i' ":--£_'_'_.__ .. ~.:. - (i -'. .-' '~,~'~ ~i;.2.'?~ .~.~ :~ ......... - ......... ~'.. ~:~ .... '"'.'4W~:¥""~-';-~--': ~ :¥~"~:;~:;~~[!~? ~?" ' '. '~ Contractor :772~[ co'r~ka~8~': h~rebY'."!i:-~X-'': .~: !' anyj~echanic ' s 'or materialman' s liens to ~.~.. Contractor each binds h/mself, his partners, i-.-'i~'i ~.. 'i.' '~.. succe'~ors, assigns, and legal representatives to the other . party~ hereto, his partners, successors, assigns, and' legal. . representatives in reSpect to all covenants, agreements, and obligations contained in the Contract Documents. Article 10: Other Provisio-- IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpar~ each has been delivered to Owner, Contractor, and Engineer. Ail portions of the Contract Document have been signed or identified by Owner and Contractor or by Engineer on their behalf. Owner: Contractor Gibbs Station, Ltd. L.H. Lacy cOmpany 5539 Yale Blvd. Suite 100 By~ S~phen 7. Mastor, Exec. Vi~e President, of Gibbs .. e BOard Station Financial, Inc., General Partner of Gibbs Station, Ltd. Addressfor giving Notices= Address for giving Notices~ Heath & Knight Properties, Inc. 16660 Dallas Pkwy. Suite 1400 Dallas, TX. 75248 (214)-248-9190 L.H. Lacy Company- 10880 Shady Trail P*O. Box 541297 Dallas, TX. 75354-1297 (214)357-0146 Attn= Samuel L. Wyse, III Attn~ Russell Graeber %"3 NO. DESCRIPTION QTY UNIT BID UNIT BID AMOUNT PAVING 1 2 3. 4 (~ .. 7 8 SUBTOTAL 9 TOTAL 6" 3000 PSI CONC STREET PVMT 8"-4"-6" 3600 PSI CONC ALLEY LIM~ SUBGRADE SAW/REM. CONC CURB & QUTTER SAW/REM EXIST CONe. PAVING .STANDARD STREET HEADER STANDARD STREET BARRICADE .. · 18" CURB & GUTTER/BUTT JOINT 274,699.70 PAYMENT & PERFORMANCE BONDS 277,399.70 10430 SY 5380 SY 17390 SY 460 LF 315 SY 28 LF 30 LF 166 LF $14.14 $14.60 $2.45 $6.00 $2. O0 $3.00 $20.00 $12.00 1LS $2,700.00 ! $147,480.20 $78,548.00 $42,605,50 $2,760.00 $630.00 $84.00 $600.00 $1,992200 $2,700.00 upon~, verifigat.ip_ n 2.) .T'~S proposal ~o-lUd~s the- fo~lOwtn~'ttems~ - Seeding - Inlet tops · variable heigh~'curbs ~ gutters at inlets. - Erosion control devices' such as haybales, sil~ fence, - Bfdewalks a handicap ramps - Traffic buttons The followinz.items are for the purpose of gaining a tax exempt status for this project: 'Owner must furnish Lacy an exemption certificate prior to Lacy mobilization, . - The following clause must be included in the contracts:. 'Title to the materials for the ~ork hereunder will pass to the owner when delivered to the Jobsite and before they are incorporated into the realty or used by the owner or contractor. Owner intends to donate the property to the city and +~he city intends to accept the property before the materials are incorporated into the realty or used by the owner or the contractor, - The ~otal amount bid shall be separated as follow'-: Total Materials $~_/~-~/7~' -- Total Other Charges $ 8~,1~.. ~ 4.) This proposal is based on Lacy taking subgrade .- elevations at a +/- 0.20' tolerance. .. 5'.)\Price given for 8" lime eubgrade is based on an ..~applicatlon rate of 27~/sy. Lacy reserves the fi:,...../..~?! right ~o increase the unit price given if the ":.'~-"..~.. Subgrade series indicates additional material is "t%[~'('::?" 'required. A ra%e of $ ?O.O0/tn will be used to -':,:~'::~':: 'calculate the lime required in excess of will require __~0 ...working daTs to~.comp!ete.::!::?'%:/;~i4!i:[::!'.:.~;'}!i..?!:~:: into~ ~'i."The~Surety. shall not be liable under thi~' Bond ~o the Obligees, or either of them, "' shall make payments to the Principal strictly in accordance with the Zerms of said Contract as ~o payments, and shall perform, all the other obligations to be performed under maid Contract at ~he time', ~nd in the manner therein set forth." If this clause canno~ be incorporated in~o the bonds, add $ ZTO0. -- ~or dual obliges bonds. ~.~ Duc to the uncertainty of the requirements of th'e National Pollutant Discharge Elimination Sye%em in reqard to the storm water runoff from.construction projects (no guidelines are presently established ... .: by the E.P.A.),'we have not included any expense "-in this proposal 'for the necessary permits, ' [. s~ructures, or' other possible containmen~ methods · or devices. We will be happy to construct whatever · is found to be required by this project's permit · ' -: -' but it will be necessary to pass the expense to · ' the owner at our-cost with. no profit markup. -- The owner also needs to be aware that a permit, if required, may delay the project 90 days'o~ longer.