ST9802-CS 990629 AGENDA REQUEST FORM
The ~ WIth A Beaufifid Future ~
CITY COUNCIL MEETING: May 25, 1999 ITEM # 12
ITEM CAPTION:
Consider approval of Awarding Bid/Contract #Q-0399-01 for the construction of Public Improvement
District (PID) Drainage, Water, Sewer and Paving improvements for Dividend Drive, Gateway Business Park
No. II to McMahon Contracting, Inc. in the amount of $552,801.15; and authorizing the Mayor to sign.
SUBMITTED BY: Michael A. Martin, P.E.
TITLE: Asst. City Engineer
STAFF COMMENTS:
On April 13, 1999 four bids were received for the PLD Drainage, Water, Sewer and Paving improvements
for Dividend Drive, Gateway Business Park No. II. The bids ranged from $552,801.15 to $1,005,338.50.
The attached bid tabulation shows the apparent low bidder as McMahon Contracting, Inc. Based on
review of the submittals and background checks, Catellus Development Corporation recommends that
McMahon Contracting, Inc. be awarded the project.
Staff will be available for questions at the Council meeting.
Buuu~l' AM'I: $ AMT. EST. $ +X-BID $
FINANCIAL COMMENTS:
Funds for the project are available from the 1992 Public Improvement Bonds
for Gateway Business Park by Catellus Development.
DrR. INITIALS: i~ FIN. REVIEW~ CITY MANAGER REVrEW:
Agenda Request Form - Rev~ed 2/99 Document Name: #05251
SSOC AT ,.
Engineers · Scientists · Surveyors
8616 Northwest Plaza nrive LETTER OF TRANSMITTAL
Dallas, Texas 7~22~
DATE: 6-29-99 I AVO: 17014
214-739-0094 · FAX 214-739-0095 ATTENTION: MIKE MARTIN
RE: DIVIDEND DR.
TO: CITY OF COPPELL, ENGINEERING DEPT.
COPPELL, TX (PID PROJECT)
255 PARKWAY BLVD.
COPPELL, TX 75019
WE ARE SENDING YOU [] Attached [] Under Separate cover via the following items:
[] Shop Drawings [] Prints [] Plans FI Tracings [] Specifications
[] Copy of letter [] Change order [] Other
COPIES DATE NO. DESCRIPTION
I copy of signed contract for your records
THESE ARE TRANSMITTED as checked below:
[] For approval [] Approved as submitted [] Resubmit copies for approval
[] For your use [] Approved as noted [] Submit copies for distribution
[] As requested [] Returned for corrections [] Return corrected prints
[] For review and comment [] Other
[] FOR BIDS DUE
[] PRINTS RETURNED AFTER LOAN TO US
COMMENTS:
COPY TO:
SIGNED: TODD JACKSON
ff enclosures are not as noted, kindly notify us at once.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 29th day of June in the year
1999 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter
called OWNER) and McMahon Contracting, Inc. (hereinafter called CONTRACTOR).
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:
This work shall consist of the installation of drainage, water, sewer, and paving for Dividend
Drive. Work shall include all components necessary for the construction of the drainage, water,
sewer, and paving improvements as shown in the plans for Project # ST9802, including but not
limited to: drainage system, water line, water appurtenances, sanitary sewer, manholes, paving,
etc.
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Project Name: Drainage, water, sewer, and paving for Dividend Drive, Gateway Business Park No. II,
located in the City of Coppell, Texas.
Project #: ST9802
Article 2. ENGINEER.
The Project has been designed by Halff Associates, Inc. 8616 Northwest Plaza Drive, Dallas, Texas
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties
and responsibilities and 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.
39
Bidding and Contract Documents
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 120 calendar days from the date when the Contract
time commences to run as provided in Item 1.13 of the General Provisions, and completed and
ready for final payment in accordance with Item 1.51 of the General Provisions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Item 1.36 of the General Provisions. 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 completed 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 two hundred forty and no/100 dollars ($240.00)
for each day that expires after the time specified in paragraph 3.1 for Completion until the
Work is complete.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds subject to additions and deductions by Change Orders as
provided in the contract documents in accordance with the unit prices listed in Section 1 -
Proposal and Bid Schedule. The contact sum shall be the amount of $552,801.15. The total
tangible personal property cost included in the contract sum is $247,710.00.
Article 5. PAYMENT PROCEDURF~.
CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General
Provisions. Applications for Payment will be processed by ENGINEER as provided in the General
Provisions.
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 recommended by ENGINEER,
each month during construction as provided below. All progress payments will be on the basis of
the progress of the Work measured by the schedule of values established in Item 1.51 of the
General Provisions (and in the case of Unit Price Work based on the number of units completed)
or, in the event there is no schedule of values, as provided in the General Provisions.
5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage
indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or OWNER
may withhold, in accordance with Item 1.52 of the General Provisions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item
1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said Item 1.51.4.
40
Bidding and Contract Documents
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set
forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to
the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the
performance or furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Item 1.3 of the General Provisions; and no additional examinations,
investigations, explorations, tests, reports, studies, or similar information or data are or will be
required by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies, or similar information
or data in respect of said Underground Facilities are or will be required by CONTRACTOR in
order to perform and furnish the Work at the Contract Price, within the Contract time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of the
Con~xact Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
41
Bidding and Contract Documents
Article 8. CONTRACTOR DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 39 thru 44, Section I inclusive).
8.2. Exhibits to this agreement (immediately following this Agreement, inclusive).
8.3. Performance, Payment, and Maintenance Bonds and Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, latest edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 53
thru 60).
8.7. Specifications bearing the title: "Construction Specifications and Contract Documents
for the construction of drainage, water, sewer, and paving for Dividend Drive,
Gateway Business Park No. II, Coppell, Texas, Project No. ST9802 for the City of
Coppell.
8.8. Drawings entitled: Drainage, water, sewer, and paving for Dividend Drive,
Project No. ST9802.
8.9. The following listed and numbered addenda:
8.10. CONTRACTOR' s Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract
Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37
and 1.38 of the General Provisions.
8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and
1.38 of the General Provisions.
42
Bidding and Contract Documents
Article 9.MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions
will have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may become
due and moneys that are due may not be assigned without such consent (expect to the
extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its parmers, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER
on their behalf.
This Agreement will be effective on June 29 ,1999 .
OWNER: City of Coppell CONTRACTOR:
BY: __ _ , _ B
TFrLE: F AV& TrrLE:
Address for giving notices: Address for giving notices:
Coppel], Texas 75019
Assistant City Manager/City Engineer
43
Bidding and Contract Documents
(If OWNER is a public body, attach (ff CONTRACTOR is a corporation, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
NON-COMPENSATED CONTRACT ADMINISTRATOR:
Catellus Development Corporation
4545 Fuller Drive, Suite 100
Irving, Texas 75038
B Y: ~/P(tC~~
TITLE; ·~
ATTEST:
Address for giving notices:
~,,,,~ / 7'~ 75'0~,~
(If non-compensated Contract Administrator is a corporation, attach evidence of authority to sign)
Bidding and Contract Documents
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER THIS CERllRCATE IS ISSUED AS A MAI I=R OF INFORMAT~)N
ONLY AND CONFERS NO RIGHTS UPON THE CERllFEATE
Aon Risk Services of Texas HOLDER. THIS CERllRCATE DOES NOT AMEND, EXTEND OR
2711 N. Haskell Ave.#800 LB#8 ALTER THE COVERAGE AFFORDED BY THE POuCIES BELOW.
Dallas, TX 7 5 2 0 4 COMPAMES AFFORDING COVERAGE
(214) 989-0000 fax(214) 989-2580
A Travelers Lloyds Insurance Co.
NSURED COMPANY
McMahon Contracting, Inc. B Travelers Indemnity of Connect
P. O. Box 153086
Irving, Texas 75015-3086 c Travelers Indemnity of Ill.
COMPANY
I D
THIS IS TO CERI~FY THAT THE POuCIES OF INSURANCE lISTED 8ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUC¥ PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIllON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY 8E ISSUED OR MAY PERT~JN, THE INSURANCE AFFORDED BY THE POlICIES DESCRI8ED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDR]ONS OF SUCH POLICIES. lIMITS SHOWN MAY HAVE SEEN REDUCED 8¥ PAID CL/dMS.
POuCY ~ POucY EXF!!A11ON
CO ~ OF INSURANCE FOUCY NUMBER LIIIB
LTR DaTE (mNDOR~ DaTE
A Ge~RALUaeJTY DT~209D212~TLC~8 09/30/98 09/30/99 ee~e~.AGeREGATE $ 2,000.00O
X COMMERCL~ e~ LMalLFFY PRODUCTS - CCk~P AGe $ 2,000.000
OWNER'S & CONTRACTOR~ PROT EACH OCCURRENC~ $ 1.000.000
X P e r - P r o ~ A(zcr. FIRE DAMAGE (Any one fire) $
_ __
X CG 2 5 0 3 MED EP (~=y a,e ,er~n) S S.000
A AUTOMOBLEUABIJTY DL~AP-209D211-3-98 09/30/98 09/30/99 COMBINEDSINGIFL~4~ S 1,000,000
X ~v ~o
] ALL OWNED AUTOS BO01Ly N jURy $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BOD~y INJJRY $
NON~3WNED AUTOS (Per acc~enQ
PROPERTY DAMAGE $
GARAGE UABIJTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER 1HAN AUTO ONLY:
EACH ACCIDENT $
AGeREGAlE $
EXCESSUASmJ~ DTS~CU~209D214~TCT~8 09/30/98 09/30/99 EACH~x~m~ $ 2,mm.m~
C X [ UMBRB_LA FORM AGGREGATE S 2,000,000
I OTHER THAN UMBRELLA FC~N $
B WORKERS COM~ENSA~ON AND DTE-U~209D21~748 09/30/98 09/30/99 X~T~sL~I I°~
THE PROPRIETOW ~ ~ EL D~ueSE - POUCY LB4~ $
PARINERSA~CUTNE
OFFICERS ARE: EL D~=~SE - EA B4PLOYEB $
OTHER
DESCRIb!ON OF O~RATM)N~LOCAlqONSP/~HtLE~iq~LtL ~
RE:Dividend Drive Drainage,Water,Sewer & Paving Improvements (PID) Bid
#~-0399-01/Certificate holder is an additional insured with regard to
lzability as reguired b written contract/Waiver of subrogation in
favor of certifzcate holder as required by written contract
SHOULD ANY OF THB ABOVE DESCRIED POUCI3 BE CANC~ ~ m 8ER)RE THE
City of Coppell m~ DATE THEREOF, THE ~SUliQ COMPANY WEL BiD~A~OR TO
ATTN: Ken Griffin/Asst. City Mgr. 30 oa. we~m ~.~. TO ~m ce~am ~
P .O. BOX 478 m~ ~a~mm TO e~ ~c, NU~m me~ see NU oeuma~e o. uem~
Bond No. 08097192
PERFORMANCE BOND
STATE OF TEXAS }
COUNTY OF DALLAS ;
KNOW ALL MEN BY THESE PRESENTS: That McMahon Contractin~ Inc. whose
address is 3717 Jackson, irving, TX 75061 , heroinafter
called Principal. and Colonial American Casualty and Surety Company a corporation
organized and existing under the laws of the State of Marviand , and fully licensed to transact
business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a
municipal corporation organized and existing under the laws of the State of Texas, heroinafar called
"Beneficiary", in the penal su~m of Five Hundred Fift~' Two
Thousandt Eight Hundred One and 15/100- DOLLARS
($ 552,801. !5 ) in lawful money of the United States. to be paid in Dallas County, Texas. for
the payment of which sum well ann truly to be made. we bind ourselves. our heirs. executors.
administrators and successors jointly and severally, firmly by these presents. This Bond shall
automatically be increased by me amount of any Change Order or Supplemental Agreement which
increases the Contract price. but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas. the Principal entered
into a certain Contract with the City of Coppoll, the Beneficiary, dated the ~q t.k of 2Tune ,
A.D. 19 ¢/ci , which is made a part hereof by reference. for the construction of certain public
improvements that are generally described as follows:
NOW. THEEFOE. if thc Principal shall weii. truly anti t~ithfully permrm and fulfill all of
the tradertakings. covenants. terms. conditions and a_m'eements of sai~i Contract in accordance with the
plans. specifications and Contract documents during the original term thereof and any extension thereof
which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any
guaran.ty or warranty required under this Contract, and shall also well and truly pertbrm and fulfill all the
undertakings, covenants. terms. conditions and agreements of any and all duly authorized modifications
of said Contract that may hereafter be made. notice of which modifications to the Surety being hereby
waived: and. if the Principal shall repair and/or ~place all defects due to faulty. materials and
workmanship that appear within a period of one (l) year from the date of final completion and final
acceptance of the Work by Owner; and, if the Principai shall fully indemnify and save harmless the
Beneficiary. from nil costs and damages which Beneficiary may suffer bv reason of failure to so perform
heroin and shall fully reimburse and repay Beneficiary. all outlay and expense which the Beneficiary may
incur in making gooci any default or deficiency, then this obligation snail be void: otherwise. it shall
remain in full force and effect.
47
Bidding and Contract Documents
PROVIDED FURTHER, that if any legal action be filed on this Bond. exclusive Venuc shall lie
in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received. hereby stipulates and
agrees that no change, extension of time. alteration or addition to the terms of the Contract or to :he Work
to be performed thereunder or the specifications accompanying the same shall in anyway affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil
Statutes, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident
Agent in Dallas County or Denton Cotmty to whom any requisite notices my be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of
the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
I~ WITNESS WHEREOF, this instrument is executed in four copies, each one of
which shall bc deemed an original, this the ~l 11~ day of ....~ot~e . ,19 77 ·
PRINCIPAL SURETY
T Title: Robb! Hotales, Al:l:orney-~_n-facl:
The Resident Agent of the Surety in Dallas or Denton Co/unty, Texas, for d~/elivery/ of notice and service of
the process is:
NAME: ,Ierr,v P. Rose
Aon R~-sk Services of Texas, Inc.
ADDRESS: 2711 N. Haskell Ave., Su.~.ce 800, Dallas, TX 7520/+
NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give
a person's name.
48
Bidding and Co~ Documents
Bn~d ~T~,. 08097192
PAYMENT BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: ThatXcMahon Corttracting Zncwhose address is
3717 Jackson, irving, TX 75061 , hereinafter called
Principal, andcolo'-:ial z3~merican Caaualty and Surety Compa,nZ:a corporation organized and
existing under the laws of the State of Maryland , and fully licensed to transact business in the
State of Texas as Surety., are held and firmly bound unto the CITY OF COPPELL, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary",
in the penal sum of Five Hundred Fifty Two Thousand, Eight Hundred
One and 15/100 DOLLARS
($ 552.801. ] 5 ) in lawful money of the United Stat~s, to b~ paid in Dalla~ County, Texas, for
the payment of which sum well and truly to be made. we bind ourselves. our heirs, executors.
administrators and successors jointly and severally, firmly by these presents. This Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement which
increases the Contract price. but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as tbllows: Whereas, the Principal entered into a
certain Contract with the City of Copl~ll, dated the ;t q ~ of 3'w,e , A.D. 19
~<~ , which is made a part hereof by reference. for the construction of certain public improvements
that are generally described as follows:
NOW, THEREFORE, if the Principal shall weil. truly and faithfully penbrm its duties and make
prom0t payment to all persons. firms. subcontractors. corporations and claimants supplying labor and/or
material in the prosecution of the Work provided for in said Contract and any and all duly authorized
modifications of said Contract that may hereafter be made. notice of which modification to the Surety is
hereby expressly waived. then this obligation shall be void: otherwise it shall remain in full force and
effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond. exclusive Venue snail lie
in Dallas Counn.', Texas.
AND PROVIDED FURTHER. that the said Surety., for value received. hereby stipulates and
agrees that no change, extension of time. alteration or addition to the terms of the Contract or to the Work
to be performed thereunoer or the Plans. Specifications. Drawings, etc.. accompanying the same, shall in
anyway affect its obligation on this Bond. and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Contract. or to the Work to be performed thereunder.
49
Bidding and Contract Documents
This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil Statutes. and
any other appiicablc statutes of the State of Texas. The undersigned and designated agent is hereby
designated by the Surety hcrcin as the Resident Agent in Dallas County or Denton County to whom any
requisite notices may be delivered and on whom service of process may bc had in matters arising out ~f
such suretyship, as provided by Article 7. I9-1 of the insurance Code, Vemon's Annotated Civil Statutes
of ~c Stat~ of Texas.
IN WITNESS WHEREOF, this instrumem is executed in Four copies, each one of
which shall be deemed an original, [his the. ~,q~ day of ~Y',~^~ ,19 ~ .
PRINCIPAL SURETY
McMah Contractin~ Inc. Colonial American Casualt7 and Surety Company
Ti Title: RobbE Morales. Attorney-in--fact
The Resident Agent of the Surety in Dai|as or Demon County, Texas, for delivery of notice and service of
the process is:
:NAME:
Jerry P. Rose
Aon Risk Services of Texas, Inc.
ADDRESS: 2711 N. Haske!l Ave., Suite 800~ Dallas, TX 75204
NOTE.' Date of Performance Bond must be date of Contract. If Resident ~4gent is not a corporation, give
a person's name.
5O
Bidding and Conn-a~ Doo. unenu
Bond No. 08097192
MAINTENANCE BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: THAT McMahon Contracting inco
as Principal, and
Colonial A~erican Casualty and Surety Company, a corporation organized under the laws of
Maryland , as sureties, do hereby expressly
acknowledge themselves to be held and bound to pay unto the City of Coppoll, a Municipal Corporation.
Texas, the sum of * Dollars and 15 Cents ($552,801.15 ), for the payment
of which sum will and truly be made unto said City of Coppoll , and its successors, said
principal and sureties do hereby bind themselves, their assigns and successors jointly and severally.
· Five Hundred Fifty Two Thousand, Eight Hundred One
THIS obligation is conditioned; however, that whereas, the said
McMahon Contracting inc. has this day
entered into a written contract with the said City of Coppoll to build and
construct drainage, water, sewer, and paving for Dividend Drive, Project No. ST9802 which contract and
the plans and specifications therein mentioned, adopted by the City of Coppoll are hereby expressly made
a part thereof as through the same were written and embodied heroin.
WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will
maintain and keep in good repair, the work heroin 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 occasioncd by settlement of
foundation, defective workmanship or materials furnished in the construction or any pan thereof or any of
the accessories thereto consu~cted by the Contractor. [t 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 U~ comply
with the terms of said 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 McMahon Contracting Inc. has
51
Bidding and Contract Documents
caused these presents to be executed by and the
said Colonial American Casualty and Sure~y has caused these presenm to be executed by
its ARomey in fact and the said A~omey in fact uu, ,aLtyRobbi Morales , has hereunto set his
hand, the ~ day of ZZFo~ , 19 ~q
PRINCIPAL SI/RETY
McMahon Contracting Inc. Colonial American Casualty and Surety Company
Title: /~~F' Title: Robbi Morales, A~torney-in-fact
NOTE: Date of Maintenance Bond must not be prior to date o/Contract.
52
Bidding and Conlna Do,:ument~
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: P.O. Box t227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and
the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by W. B.
WALBRECHER, Vice-President, and T. E. SMITH, Assistant of authority granted by Article V1,
Section 2, of the By-Laws of said Companies, which are set hereof and are hereby certified to be
in full force and effect on the date hereof, does hereby and appoint Jerry P. ROSE, Don E.
CORNELL and Robbi MORALES, all of Dallas, lawful agent and Attorney-in-Fact, to
make, execute, seal and deliver, for, and on its ks act and deed: any and all bonds and
undertakings EXCEPT bonds on behalf of Survivors and Community Guardians;
and the execution of such bonds or undertakings shall be as binding upon said Companies,
as fully and amply, to all intents and duly executed and acknowledged by the regularly
elected officers of the Companies at their in their own proper persons. This power of attorney
revokes that issued on behalf of Jerry P. E. Cornell, L. Ray Pitts, Jr. and Robbi Morales, dated
January 20, 1998.
The said Assistant Secretary does extract set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the and is now in force.
IN WITNESS WHEREOF, the said t and Assistant Secretary have hereunto subscribed their names and
affLxed the Corporate Seals of the said DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND this 9th day of September, A.D. 1998.
ATTEST: DEPOSIT COMPANY OF MARYLAND
T. 1: Smith .4$$istant Secretary IE. B. FFalbrecher Vice-President
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
T. 1~ Smith A~Lvtant Secretary W. B. fftalbrecher Vice-President
State oflVim'yland } ss:
Com~ofBalmcre
On this 9th day of September, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding insWument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to
the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures
as such officen were duly affixed and subscribed to the said inslnunent by the authority and direction of the said
Coq~orations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
L1428-168-0589
EXTRACT FROM BY-LAWS OF THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the
Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shah have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the COmpany may
require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,
recognizances, stipulations, policies, conWacts, agreements, deeds, and releases and assignments ofjudgements, decrees,
mortgages and instruments in the nature ofmortgages,...and to affix the seals of the Company thereto."
EXTRACT FROM BY-LAWS OF THE COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the
Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Companies may
require, or to authorize any person or persons to execute on behalf of the Companies any bonds, undertaking,
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgements, decrees,
mortgages and insu'uments in the nature of mortgages,...and to affix the seals of the Companies thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of
Attorney of which the foregoing is a full, lrue and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional
Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,
Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution
of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and
held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the companiy and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said
Companies, this
day of ,
Assistant Secretary