ST9801-CS001219December 19, 2000
Marcia Schrnidt, Collection Representative
SGB Construction Services, Inc.
1210 Avenue J East
Grand Prairie, Texas 75050
Re: Coppell Road Project # ST 98-01
Dear Ms. Schmidt:
This letter is written in response to your letter dated December 15, 2000 concerning
the referenced project. Your letter states that the City of Coppell may be personally
liable or a lien placed on city property if the claim remains unpaid. Please be
advised that the sole remedy in this case is to file a claim on the payment bond. As
requested I have enclosed a copy of the payment bond.
A copy of this letter has been forwarded to our attorney. If you have any questions
concerning this issue please feel flee to contact me at 972/304-3686.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
255 PARKWAY dr P.O,BOX 478 'drCOPP£LL TX 75Ol9 'drTEL 972/462 0022 1IrFAX 972/304 3673
PAYMENT BOND
Bond No. 11127418405
STATE OF TEXAS
COUNTY OF DALLAS }
KNOW ALL MEN BY THE~E PRESENTS: That Ed Bell Construction Company
whose address is 10605 Harry Hines Blvd., Dallas, TX 75220 ,
hereinafter called Principal, and American AutOmObile Insurance Company , a
corporation organized and existing under the laws of thc State of Missouri , and fully
licensed to transact business in the State of Texas as Sure~y, 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 thc penal sum of Two Million Nine Hundred
Forty Nine and 75/100 *************************************** DOLLARS
($ 2,000,949.75 ) in lawful money of the United States, to be paid in Dallas 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, fm'nly 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 follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, dated the 10th of Au§us t , A.D.
19 99 , which is made a part hereof by reference, for the construction of certain public
improvements that are generally described as follows:
Coppell Road
Project No. ST 98-01
Bid No. Q0199-03
NOW, TI-IEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt 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
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
the Work to be performed thereunder 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
146 Bidding and Contract Documents
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder.
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 County to whom any requisite notices may 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.
IN WITNESS WHEREOF, this instrument is executed in s ix (6)
one of which shall be deemed an original, this the 10th day of Au~;ust
copies, each
,1999.
PRINCIPAL
SURETY
Ed Bell Cons~u/~t in Company
By: ~/r ' -
American Automobile Insurance Company
' L±sa ~.~.,,Bonnot
Title: Attorney-in-fact
ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
Jerry P. Rose, Aon Risk Services of Texas, Inc.
ADDRESS:, 2711 N. Haskell Avenue t~800, Dallas, TX 75204
"*N--OTE: Date of Performance Bond must be date of Contract. If Resident Agent not corporation, give person's name.
1-47
Bidding and Conla'act Documents
OATE ~
ACORD..
~ooucER
Aon Risk Services of Texas
2711 N. Haskell, Suite 800
Dallas, TX 75204
(214) 989-0000
RED
Ed Bell Investments, Inc.;
Ed Bell Construction Co.
p. O. Box 540787
Dallas, TX 75354-0787
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CEKTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPAN!_K~ AFFORDING COVERAGE
A Zurich ~ericAn Ins. Co.
B AmericAn Zurich Ins. Co.
C National Union Fire Ins. Co.
co
LTR
A
C
B
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIO0
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CON'TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR
EXCLUSIONS AND CONDITIONS OF
~ OF 14SURANCE
~ COHE~A~ UABLKY
lAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
;UCH POUClES. UMFrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PotJcv NUmEA OA~Z (UlM)MYY) OATE (BM)Dn~
GLO34955~1.,00
AUTOMOBILE UABLrTY
X_~ ~ AuTo
~ ALL OWNED AUTO~
,~ SCHEDULED AUTOS
i HIRED AUTOS
~ NO~-OWNED AUTOS
,,~
;
' GARAGE UABIUTY
ANY AUTO
:EXCESS U&BAJTY BE7405566
WoRKms COUF~XSA~OR Am) lWC3495563-00
pN~TNERSF. X~CUTNE
OTHER
TAI:~495S65-OO(TX)
EIAP3495566-00(OS)
lO/31/oo
lO/ l/OO
lO/31/oo
lO/ 1/oo
1o/31/Ol
lO/31/Ol
lO/31/Ol
City of Coppe11
P.O. Box
Coppe11 TX 75019
OCT 2 3 ZOO0
HUMAN RESOUgC ? ;
S~O~A.D ANY O~ THE ABOVE DE~CRBED IIQiJClES BE CANCFtram SS:ORE THE
EX~4A11Ofl DAI~ lh'B4EOF, I~E ~S~JING COMPANY WIU. ENDEAVOfl TO MAIL
30 DAYS WRITTE~ KE TO I~E CE]TRFI~ATE HOLDER NAME~ TO THE LEI=T,
BUT F~LUI~ TO UAL ~UCH NOTICE ~ IMPO~ NO OBLIGATION OR MABI./TY
OF ANY THE _A.n_l~4'l~ OR RE11~AllVES'
OESC.IFTIO. ~ OI~I~_~#_S~X~A~.___T___I/~I.~s Pro4#ST98-01,Bid #Q-0199-03..
· ell goa= ampruv~¥~ · · a~
~E.~o _ ~nsured w=th re ar~ to . coverage
cerci~cat~ Ho%Set is ad~ltio~al ro at'on a plies in favor
kers' Co en~atio~: Waiver of Sub g P
except Wor ~
of Certificate Hol~er for all coverages
SGB construction sewices,Inc.
Grand Prairie, Texas 75050
Telephone: (972) 660-9140
Metro (972) 647-2818
Fax: (972) 64!~2991
December 15, 2000
CERTIFIED MAIL, RRR
#7000 0520 0023 5621 8953
And First Class Mail
City of Coppeli
255 Parkway Blvd.
CoppeD, TX 75019
Re:
Notice of Unpaid Account:
Contractor:
Building Project:
Located at:
Humphrey & Morton Construction
Coppell Road Culvert
Coppell, TX
Dear Sirs:
Please consider this formal notice under the laws of Texas that an unpaid account is due and
owing to the undersigned firm from Humphrey & Morton Constl-~ction, a subcontractor on the
above-referenced project, for the supply of shoring and forming equipment, labor, freight and
consumables on this project.
Attached is a true and correct sworn statement of account as of this date.
If this claim remains unpaid, you may be personally liable and your property subjected to a lien
unless you withhold payment from the Contractor for the payment of this claim or unless this
claim is otherwise paid or settled.
This claim has accrued under Section 53.053 of the Texas Property Code and/or is past due
according to the agreement between the parties. Demand is hereby made upon you as the Owner,
and Humphrey & Morton Constr~cfion, the Subcontractor, for payment in full of this account.
(continued)
An SGB Company
Page 2
December 15, 2000
In accordance with Texas Government Code Section 2253.026, we hereby request a copy of the
payment bond provided by your Geaeral Contractor and/or Humphrey & Morton
Construction for the above referenced project.
This notice is sent to you in conformity with the requirements of the Texas Property Code in
order that you may have an opportunity to see that this unpaid account is paid in full.
Should you have any questions concerning this claim, please comact the undersigned.
DATED this 15~ day ofl)eeember, 2000
SGB CONSTRUCTION SERVICES, INC.
By:
Marcia Schmidt
Collection Representative - Dallas
Enclosure: (1) Sworn Statement of Account
Cc:
Humphrey & Morton Construction
5136 Vesta Farley
Ft. Worth, TX 76119
CERTIFIED MAIL, RRR
#7000 0520 0023 5621 8960
SWORN STATEMENT OF ACCOUNT
Before me, a Notary Public of Tarrant County, Texas, on this day personally appeared the
undersigned, who being by me duly sworn, on oath states:
My name is Marcia Schmidt. I am the Credit/Collection Representative of SGB
CONSTRUCTION SERVICES, INC. - DALLAS, a Delaware corporation doing
business in Grand Prairie, Texas. I am authorized to make this Affidavit on its behalf as
the Sworn Statement of Account.
SGB CONSTRUCTION SERVICES, INC. has furnished material rental, freight, and/or
sale of consumables for ajobsite located at Coppeli Road Culvert in Coppeil, TX.
The indebtedness is result of non-payment of due invoices by lessee, Humphrey &
Morton Construction.
The amount owing as of this date is $6,429.90 for which our claim or a part thereof is
past due and all credits, offsets, and payments known to this affiant allowed. $5,772.20
of this balance is past due according to its terms. Retainage is not applicable to this
account.
DATED:
December 15, 2000
SGB CONSTRUCTION SERVICES, INC.
arcia Schmidt
Collection Representative - Dallas
STATE OF TEXAS
COUNTY OF TARRANT
SUBSCRIBED AND SWORN TO before me by the said Marcia Schmidt, Collection
Representative of SGB Construction Services, Inc. on this the 15t~ day of December, 2000 to
certify which witness my hand and seal of office.
My Commission Expires: 12/17/2002
42210-012
SGB G~Jd{D PRAIRIE (31)
1210 AVE~E J E~T
G~J~ID PRAIRIE, TX 75050
(972) 660-9140
HUMPHREY & MORTON CONSTRUCTION
5136 VESTA FARLEY
FORT WORTH TX 76119
COPPELL ROAD CULVERT
COPPELL, TX. JOB #99022
PHONE: 817 478-8088
PHONE: 817 478-8088
ACCOUNT #
42210-012
INVOICE INVOICE I,]{~E
DATE NUMBER JOB NUMBER
JOB STATEMENT
12/15/00
INVOICE AMOUNT INVOICE RUI{NING CHECK CHECK PAGE
AMOUNT PAID BALUIC~ BA].ANCE DATi{ NUNB{{£ 1
09/01/00 3198414S1C 012 3194173 562.99 562.99 562.99
09/01/00 3198507S1R 012 3192800 343.45 343.45 906.44
09/05/00 3198680H1C 012 3192820 750.16 750.16 1,656.60
09/05/00 3198681SIC 012 3194733 732.70 732.70 2,389.30
09/07/00 3198758S1R 012 3192800 939.10 939.10 3,328.40
09/07/00 3190801SLC 012 3192800 283.92 283.92 3,612.32
09/12/00 3198895S1P 012 3192800 10.14 10.14 3,622.46
09/12/00 3198896S1R 012 3194733 5.88 5.88 3,628.34
09/10/00 319916981E 012 3192820 235.97 235.97 3,864.31
09/18/00 319917081R 012 3194173 231.93 231.93 4,096.24
09/19/00 3199252S1R 012 3194173 84.95 84.95 4,101.19
09/20/00 3199288S1C 012 3196986 17.13 17.13 4,198.32
09/26/00 319968681C 012 3194173 43.85 43.85 4,242.17
09/26/00 3199687S1C 012 3194733 705.22 705.22 4,947.39
10/05/00 319996281C 012 3192820 89.43 89.43 5,036.82
10/09/00 31A0018S1~ 012 3194733 45.79 45.79 5,082.61
10/18/00 31A0598SLC 012 3196986 17.13 17.13 5,099.74
10/24/00 31A0945S1C 012 3194173 43.85 43.85 5,143.59
10/26/00 31A122481C 012 3192820 89.43 89.43 5,233.02
10/26/00 31A1225SLC 012 3194733 522.05 522.05 5,755.07
11/15/00 31A2002S1C 012 3196986 17.13 17.13 5,772.20
11/21/00 31A2401S1C 012 3192820 89.43 89.43 5,861.63
11/21/00 31A2402SLC 012 3194173 43.85 43.85 5,905.48
11/21/00 31A2403H1C 012 3194733 522.05 522.05 6,427.53
12/14/00 31A314881C 012 3196986 2.37 2.37 6,429.90
6,429.90 0.00 AMOUNT DUE: 6,429.90
**** NOTICE
PLEASE RB~IT ALL PAYMENTS TO:
1210 A~IlI! ~ [i~!
~[il) P~I~I[, T~ 75050
(972) 660-9140
TO: HUMPHREY & MORTON CONSTRUCTION
5136 VESTA FARLEY
FORT WORTH TX 76119
COPPELL ROAD CULVERT
COPPET~, TX. JOB #99022
PHONE: 817 478-8088
PHONE: 817 478-8088
ACCOUNT # JOB STATEMENT DATE
42210-012 12/15/00
~[A~R Ii~0ICR AIIOII~T I~OIg!
JOB ~B~R ~0~ PAID BA~CE
= = = = = = = = = = = = = = = ==== ==== == = = = = = = = =: = = = = = = = = = = = = = = = = = = = = = = =
SGB CONSTRU~ION S~RVICRS, INC.
P.O ~X 730443
D~, ~ 75373-0443
STATR#RFI' DATR AMOUFr DU~ CUHRRFI' 30-59 60-89 90-119 120-149 150-
12/15/00 6,429.90 657.70 689.59 1,454.27 3,628.34 0.00 0.00
'd.S. POSTAGE
03.20
HMETER~333755
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
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