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Gulf Bearing-CS 960731The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 July 31, 1996 Gromatzky Dupree and Associates 2626 Cole Ave., Ste. 100 LB - 48 Dallas, TX 75204 Gulf United ~ Final Acceptance Dear Sir: A final inspection of paving and utilities for thc referenced project has been confmned by representatives of the City of Coppell. The two-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be two years from the date of this letter. Maturity on the Erosion Control Bond will also be two years from the date of this letter. CC: Kenneth M. Griffin, P.E., Asst. City Manager/City Engineer Matt Cast Supt. Public Services Greg Jones, Chief Building Official Jeff Jones, Fire Marshal Doug Stevens, Engineering Technician Rodgers/Obrien Superior Utilities, Inc. file/ldavis/gulfber, fin MAINTENANCE BOND Bond No. 18-0125-16923-95 KNOW ALL MEN BY TI IESE PRESENTS, Thatwe, Rogers-O'Brien Construction Company (hereinaflcr called thc "Principal") as Principal, and the United States Fidelity and Guaranty Company , of the City of Baltimore a corporalion duly organized under the laws of the State of Mary landnd duly licensed to transact business in the Slale of ~ (hereinafter called the "Surety"), as Surety are held and firmly bound unto City of Coppell~ TX (hereinafter called the "Obligee"), iu the sum of Ten Thousand and No/100 .... ($ 10,000.00 ) for the paymcnt of which, are well and truly to be made, we, the said Principal and Ihe said Surety, bind ourselves, our heirs, executors, adminislrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this .2..]:..s...t. ....... day of ...... .D..e..c..e..m...b..e..r. ............. 19 ....9..5... TI tE CONDITION OF Ttl IS OBLIGATION is such, that Gulf Bearing, Inc. WHEREAS, the said Principal has heretofore entered into a contract with ~aS~~ dated March 10 19 95 ,Ar a new office and distribution facility, Coppell, Texas WtlEREAS, the obligee has requested that said work be guaranteed against failure because of defeclive workmanship or material, performed or furnished by said principal for a period of two years from date of completion and accept- a.ce, normal wear and tear excepted. NOW TI IEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned direclly by Ihe failure of said materials or workmanship, then this obligalion to be void, olherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or malerials due lo hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the sumof Tan Tbna,.~and and No/1OO ($10:OOO.O0) ....... Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other tha. the obligee herein named. Rogers-O'Brien Construction Company By: United States Fidelity and Guaranty Pri.cipal Comp any Snrety U Elnora Cru this Attorney-in-Fact United States Fidelity and Guaranty Company Power of Attom~ No, 108867 1064490 tlSiJBAIC( f~andhavi~princ~loff'~theCitydGaJtim~e, htheStam~ld~~~~Fred C. Wald, Jr., Elnora Cruthis, Derrell C. Dodson, Sherry Mesquite, Sue A. Carpenter, Douglas Moore and Sam J. Mullis, Jr. ddmt~yof Dallas ,Stat. of Texas ~s~eandtawkd~mney(si~a~.uchin~e~s.parmcal~yifmm~aflomis flim.d ahoy,, to sigfl its rt~e as surl4y to. afld to im~.. seal and admowltdg, a~y ard all herds. ~dilakJngs. ~ ~ ~ ~m ~ h ~ ~ ~ ~$~n~Nf~Pm~d~mndA~mmS~m~.~ 21st ~ October .~D. 1994 F$ 3(7-~} Tn Testimm~ Whereof. I have hete~to set my hand andMI 9~ the thilml SSMts FMd'qeql hm'HIy Comp~ m mb KNOW AL.. MEN BY THESE PRESENTS: .That - as Princi~ai firmly bau~ in the Pena lawful mor and Surety =nd several PUBLIC IMPROVEMENT MAINTENANCE BOND Where ~s, Ihs said Principal has completed a certain contract, DISTRIBUTION CENTER...675 Royal, Coppell BOND #S-21-00-03 POWER #2293~9 SUPERIOR UTILITIES, INC. nf P.O. Box 543.145, D~llas. Texas and the E,~IPLOYE.5.$ MUTUAL CASUALTY COMPANY of Des Moines, Iowa as Surety, are held and d unto the City/Town of COPPELT. , State of ~ (hereinafter called.the Obligee} Sum of Eighty Thousand Three Hundred Two & no/cents***_*~$ __8©, 302.00 ) Dollars :y of the United States of America, for the payment of which, well and truly to be made, the Principal bind themselves, tl3eir and each of the{r heirs, executors, administra[ors, successors and assigns, jointly ~', firmly by these presents. GULF BEARING OFFICE & Texas 76018 in conform ty with certain specifications; and submits said contract for acceptance by the Obligee. Wher~ is,- a further condition of said contract is tha~ the said ~rincip~l should furnish a bond of indemnity, §uar-:nteei~ ~t'to remedy any defec'~ fn workmanship or materials that may develop in said work within a period of 2, ( T~o )_ 'years from the date of ~cceptnnce of the work under said contract; and. When ~s, the said EMPLOYER5 MUTUAL CASUALTY COMPANY of Des Moines, Iowa for a valuable considerati m, has agr.*ed ta join with said principal in such bond or guarantee, indemnifying said Obligee. as nfora- said: New, {herefare, [l~e Condition of l'his Oblia_at:icn is such, that if the said Principal does and shall, at his own cost and e: pease, remedy any and all defects [hat may develop in said work, .vithln the period of 2 (T~o ye&rs from tl,e date of acc=plante of the work under said contract, by reason o~ bad workrnanshil~ or poor used in th, constru~ion of said work, then this obligation to Oe null and void; otherwise to be and remain in full force and, :rzue in !aw. Date of Fd 'mai Acceptancg of Contract'. Bond app eyed: By: ~ For the Obligee (An ex.cured Copy hereof is) (to be returned to the Surety) Signed amd dBlivered this 21 ' st . - d~y of December 19 95 SUPERIO~ UTILITIES. INC. // ~_ By: _ ~ EMPLOYERS MUTUAL. CASUALTY COMPANY _ /----) SSL~at y , .? ,/ /,t" , _//_ ..... Atzor,¥ey in Fac~ Rebecca Thacke~ CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emceaco Insurance Company, an Illinois Corporation 2.: Emcasco:lnsuranoeCompany,.an Iowa Corporation :: . 5.. Dakota Fire Insurance Company,:a NorthDakota.Corporation :~..~:i unien;in=an~ Company _e!Providen. c~_.,, R,ode Islam.ComPany" .:: :: S.~. Americen Liberty InSurance CompanY,~!anNai~ma~ii~r~t~:.:::?::?.};..: heteina~eryefe~?ed ~: Severai~:~ ~C~mpany and collectively as: companies } Ca, doe~ ~ these PreSents make, constitute and: aP~nt~!i' ~i::;:::. i:: .:: ::?'?:;? .'i:::~ ::::~ :ii::} its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ~d ~::bind e~h::~ th~ieblt a;)ully and to the same extent a~:]f~:.sU~ instru~nfs Werd: s~bY the duly authorized office~S::Sf::e~:'S.U~!}~il;a~:':ffi!~:Otl the. ~s of sa~:attSrney Pt~rsu~nttO::'~he authority hereby given are hereby ratifl~:ahd' confi~ed:, :. The authority hereby granted shall expire AI:Ir-J.1 1, 1996 unless sooner revoked. ' AUTHORITY FOR POWER OF ATrORNEY . ~::gh s I~oWe[~of!AttOmeY :i-q~imade:ahdexecuted pursuant to andbY the: authority °fthe f°ll6wing' resolution of the Boards of DireCt°rs o[::~ach of: ~,~o~a0ies:at'm:~,.. ;BES~LVEDi Tile c~airman 6i the:BOArd of Directors, the Pre;ident:a~Y::vice:Pres'~nt;;itt~' TieaSuler and the Secretary of Empl~yeis!;a~u~:~asu~!tY hA~; POwer ahd: atithorityto (i):a~int attorneys-in-fact and authoriZe them to:execute :Onbehalf of each Company and attach the ~i:6{ the C6'mp~y'~:e:?~to; bOh~ and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him. Attorneys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any sUch attorney-in-fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty comPany shall by fully and in 'all respects ?i::binding upon;::!hiS' ~omPany.:~he;ifacsimile or mechanically rep~oduced;;~natote:!bf~ SuCh': o~, Whether made heretofore or.:~6reafteri:~i:wl3e~e~i~':~g ::cert fYed:CoPY:of~'~YP°wer:oi;attotne~ of the Company shall be ~alid a~ bir~dinff~;n the CO,pan,With the same force and affect ~:thOugh,~anU~O, ffixeff:: :::.: : iN.SS WHEIt~~~ies have caused these li~?ents to;:be signed.,tom~Ct! by theitotfiCers as shown, and the C~ra~Seals. fe: b~;:ti~reto ~affi~ thisii*! Seals Robb B. Kelley, Chitfrrnan* Philip T. Varf Ekeren, Secretary of Companies 1,2,3 & 5 of Companies 12,3,5; ", '~tt~.~s",," °% - ,,,. .... ' ..... *. ,,.' and for Polk County Iowa personally appeared Robb B. Kelley, Phdtp T. Van Ekeren Bruce ........... G. Kelley and Donald L. Coughennower who being by me duly sworn d~d say that they are, .... ,~u,a,w' ........ ..,su~,~.,' .....,,'_.,:xu,~t '... and are known to me to be the Charman and Assistant Secretary, respectively, of each of. The ....~**.,~,?~,,:,,~,t. c,"-.. .-"~'~'.','?J:';';?~ ..-'~??,i"J;7',.,q'~;"-.. Companies above; that the seals affixed to this instrument are the seals of said corporations; --'~'~" .... ~-"-.~: .-",~z'L~*~"%.%~.~..-"~.-"~?*~ %"-.~*-. that said instrument was signed and sealed on behalf of each of The Companies by authority -~ er^, '-"~"':~-" er^~ ~-~ ~ e~^~ -:;~ ~ftheirrespectiveB~ards~fDirect~rs~andthatthesaidR~bbB~Ke~~ey~~Phi~ipT~VanEkeren~ · ~.:: ...... :.-" ~ -~ .~.~,';~ :.-' ~ ~ ~ ~'-. .-' ?:.-' . BruceG ~Ke eY and Donald L. Coughennower acknowledge the:execut[o~o~ sa~d instrument: ! I I CERTIFICATE I, David L. Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolutign of the Boar. d_s of Djr_eclo.rs by each of The Companies, a~_d this Power of Attorney issued pursuant thereto on are true and COrrect and are still in i~ll force and effect. ~ ' ::~: ~ : :.in TestimOny Whemo~ I have sUbscribed my name and affixed the facsimile sea~ of eachC°mpany this 2, ]. day of De c embe~: ~', lg~:.:i. ~ ?i Vice-President