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Devonshire 2-CS 920929of order ] Cop7 of t~tter [ ] Spectftcattm ,1 COPIES _L-. DAT~ ~ond No. BNS135 25 78 Amount: $14,714.00 KNOW ALL MEN BE THESE PRESENTS, That we, L. H. LACY COMPANY · as Principal, and Firemen's Insurance Company of Newark, New Jersey , a corporation duly organized under the laws of the State of New Jersey and duly licensed to ~ransa¢~ Business in the s~a~e of Texas (~ereinafter called the Surety), as Surety, are held and firmly hound unto the City of Coppell, Texas (hereinafter cal],ec~he Obligee) in t~e s%~ of ~ourseen lnousand, Seven hundred Fourteen anaNo/luu .... Dollars for the payment of which sum well and truly to he made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, aomlnlstrators, successors and assigns, ~ointly and severally, formally by these presents. Sealed with our seals and dated t~is 3rd day of August 19 9.2.. W~S, :ne said Frincipal has ner~to£cre entered %~ a contract with Pulte Homes of Texas , dated July 25, ~ fOr Pavin8 Improvements Phase II Devonshire - Phase I1 and, NOW, THEREFORE, the condition of this Obligation is such that if said Principal ehall 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 the result cf faulty workmanship and materials in said contract which may develop during the period of ~, or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may.sustain by reason of failure or default of said Principal to do so, then this obligation shall he null and void; otherwise shall remain in full ~orce and effect. L.~. LACY COMPANY Firem~n s Insurance Company of Newark, New Jersey Surety ~%Y: Barbara Holmes Attorney-in-Fact Firemen's Ins .ance Company of Newa:, 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 Holmes of Houston, Texas its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to Ail Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five Million ($5,000,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolut ion adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 20th day of February, 1975: "RESOLVED, lhat the Cha~nan of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice Presidem of the Company, be, and that each o~ any of t hem hereby is, autbodzed to execute Powers of Attorney qualiFyin$ the attorney named in the given Power of Attocney to execute in behalf of the FIREMEN'S I NSU P~ANCE COMPANY OF NEWARK, NEW JERSEY, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to anest the execution of any such Power of Altorney, and to attach tharelo the seal of the Company. FURTHER RESOLVED, that the signatures of such office~ and the s~al of the Company may be affixed Io any such Power of Attorney o~ to any cerlificate relating therelo by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures o~ facsimile seal shalr be valid and binding upon the Company when so affixed and in ~he future with respect to any bond, unde~aking or contract of suretyship to which it is attached.' In Witness 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 one of its Assistant Vice Presidents this 1st day of May, 1985. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: By Michael L Beemaen, Vice P~sident STATE OF NEW YORK COUNTY OF NEW YORK On this 1st day of May. 1985, before me personally came Michael J. Beernaert. to me known, who being 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 corporalion described in and which executed the above instrument; that he knows the seal of the said corporation; lhat the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE ETHEL TARANTO NOTARY PUBLIC, State o[ New york NO. 24-4663117 Qual. in Kirks Counly Commissio~ Expi~s March 30, 1986 I, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREgY CERTIFY that the foregoing 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 Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 3rd day of August ,19 9 2 . 21 BOND 4315K Printed in U.S.A. L. H. L~ : COMPANY PROPOSAL JOB NAME: DEVONSHIRE PHASE 2 LOCATION: COPPELL,TEXAS BID DATE: MAY 21, 1992 BID TIME: 2:00 PM ITEM BID BID NO. DESCRIPTION QTY UNIT UNIT AMOUNT I 6"3000 PSI CONC STREET 5350 SY $15.20 $81,320.00 2 6"*4"*6" 3600 PSI CONC ALLEY 2940 SY $14.50 $42,630.00 3 6"LIME SUBGRADE(27~/SY) 9251 SY $2.30 $21,277.30 4 REMOVE BARRICADE 106 LF $2.00 $212.00 5 TESTING 1 LS $1,700.00 $1,700.00 SUBTOTAL 147139.3 INSPECTION FEE-2% 1 LS PERF. & PAY. BONDS 1 LS $2,964.00 $1,550.00 $2,964.00 $1,550.00 TOTALS: $151,653.30 1.) 2.) SPECIAL CONDITIONS FOR PAVING IMPROVEMENTS D~VONSHIRE i~{ASE II This proposal excludes the following items: - Erosion control devices such as seeding, haybales, etc. Flumes - Pavement markings - EMAC Removal ( Add $1.O0/sy if required) The following items are for the purpose of gaining a tax exempt status for ~his project: - Owner must furnish Lacy an exemption certificate prior to Lacy mobi!i~ation. The following clause must be included in the contracts: T~e to the materials for the work hereunder will pass to the owner when delivered on jobsite and before they are incorporated into the realty or used by the owner or con%ractOro Owner intends to donate the properSy to the city and the city intends to accept the Property before the materials are incorporated into the realty or used by the owner or con~ractor. The ~otai amoun~ bid shall be separated as Total Materials $ \~,,~ ~\~---- Total Other Charges $ follows: ~.) This proposal is based on subgrade elevations being at +/- 0.20' ~olerance prior ~o our mobi!i~ation, 4°) A to~al of _~ Calendar days will required to substantially complete the work quoted. STANDARD FORM OF AGREEMENT . As Adopt~l By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEER. S October 7. 1971 Revised November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 R~vised October 19, 1945 Revised April 8, 1954 Revised April 21, 1960 Revi~d October 7, 1971 Approved as to Legal Form by Legal Counsel STATE OF TEXAS COUNTY OF DOow~} THIS AGREEMENT, made and entered into this Z~ day of )~u.,.~ A. n. 19~/~aY-and betwee, P,,t_-~ ~-c~k~.':"f-~ O~~''' "V*~ Party of the First Part, hereinafter termed OWNER, aha n nd State of Texu, ~cting through thereunto duly authorized so to do, of the City of Ot~ ~_ ~ . County of and State of "'~-~ , Party of the Second Part, hereinMt~r termed CONTRA CTOR. WITNESSETH: That for and in consideration of the paymen~ and a~eemen~ he.in- after mentioned, to ~ made and ~rfo~ed by the Pa~y of the First Pa~ (OWNER), ~ under the condi~ona exp~ss~ in the bond ~arin~ even date herewith, the said Pa~y Pa~ (CONTRA~OR). hereby a~es with the said Pa~y of the First Pa~ (OWNS) commence and comple~ the const~ction of cer~in improvemen~ descried ~ follows: and all ext~ work in conn~tion therewith, under the terms ~ s~d in the Gene~l ~nditio~ of the A~ement and at his (or ~eir) own pro~r cost and ex~nse to furnish all the m~, supplies, malines, equipment, t~ls, su~ntendence, la~r, i~u~nce, and other a~es and ~ices n~es~ to comple~ the ~id const~ction, in acco~ance with prices s~d in ~e Pro~sal at~ch~ he.to, and in ac~rdance wi~ the ~oti~ to ~n~, General and S~ial ~nditio~ of A~eement, P~ ~d other d~win~s and prin~ dr ~n exp~ ~t~r ~ereof, and the S~fi~tions a~ adden~ the~for, m pre~ by herein entitled the ENGINEER. each ,,f wh*ch I~a.~ been identified by the CONTRACTOR and the ENGINEER. tugether with the CONTRA~OR'S w~tten Pro~d. the Gene~l Conditio~ .f the Agre~mem, and the Performance m~d ['ay~.t ~ndx he.to attache: afl of which a~ made a ~ hereof ami coll~tively evidence ami t~).~titute the entJ~ contract. ' T"~e CONTRACTO~--~ereby ·~"~s to commence work wi ~ ten (10) days after the date ,~rttten notice to~ail have been ~ven to him. ·nd to substantially complete the ·&me ~'ithin d~ys ~l'~er the d,~ of the w~tten notice to commence work. subject ro suc~ extensions of time ~s ,re provided by ~he C~ner, l ,nd Speci,l Conditions. TEE OW~£R ,~es t~ p~y the CONTRACTOR in eun'ent funds the price or prices shown in ~e proposal, which forms · pa~t of t~i~ cont. r~ct. such I~yment~ to be subject to the General · nd Special Coztditions of the contract. IN the ,hove By. i~-~ ATTEST: h~/~exec/!ed ~iS Arre~men~ in