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Gibbs Station 2-CS 940119Parkway B~vd. Bo~ WE A~E~cNDI~YOU OAIm:hmd oOndmm, ml~le~mw sim--~ ~. I Cop~' of Latter ~4~S~. A~E ~O m c~mdmd~dmr O~r mmmvd O,m mm,mmmm n Note & Fm..ward, To: - o Amw,md-. mmmmd Onmdmmd~_m~mm mr mmmd 0 Amumed m mmmd 0 Sdmmd~ ~dm Jar dmlmmim 0 leemmm ~ e~m:mm 0 nmmmm~Ommemml mmkm - 0 Notm&i~lmm~To~-- {he City With A Beautiful Future lanuary 18, 1994 P.O, Box 478 Coppell, Texas 75019 214-462-0022 Mr. Craig Knight Heath and Knight 166~0 Dallas Parkway, Suite 1400 Dallas, TX 75248 Gibbs Station Phase H Final Acceptance A final inspection of the above-refe~nced project has been confirmed by representatives of the City of Coppell subject to the various maintenance a~ee. ments. The paving and utilities have been verified and are in compliance with the City of Coppell's standard requireanents. Erosion prc~ection will also be maintained umil bond expiration. The one-year maintenance bonds and as-built drawings have been _rc~__'_ved from the axttractor. Maturity on the bonds will be one yesr from thc date of this lctte~. Maturity on the Fzesion Control Bond will be two years from this letter. Construction Inspector Kenneth M. Griffin, P.E., City Engineer Howard Pafford, Water Superintendent Rey Goodies, Street Superintendent Greg Jones, Building Official Bill Jones, L.~. I. acey Chuck Young, C.W. Young Construction The Ohio Casualty Insurance Company 136 N. Third Street, Hamilton, Ohio 45025 Maintenance Bond Know AU Men By These Presents, That we, C W Young Construction, Inc. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, with principal offices at H~,nilton, Ohio, as Surety, are held and firmly~ .bgund~u~nto .. Lity or t. oppeii (hereinafter caR, ed the Obi;gee), in the penal sum of ...... ~[~O~;y..~.lghg..gbgU.~g!)~..e. igh~...I).U..n.d, red and seven:een dollars and 57/100 ................ (8 .2.8.8.1.7.,.~.7 ............ ) Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these pr_~?~ts. DA'FEDthis ..........g! .................. day of ........ .0~.~e.~b.~r .................. 19.....!~ WHEREAS, the said Principal has heretofore entered into a contract with the Ob~gee above nameclfor Gibbs Station, Phase Two Water, Sanitary Sewer and Storm Drainage and, WHEREAS, the work called for under said contract has now been completed and accepted by said Obi;gee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal shall, for a period of ........... one .......... years from and after theas..pe~..acceptid~Ib~fcity ................................ 19 ....... , indemnify the Obi;gee agaimt any loss or damage direcdy arising by reason of any defect in the material or workmanship which may he discovered within the period aforesaid, then this obligation shall be void; otherwise to be and rem in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its Home C~ice in the City of Hamilton, Ohio, promptly and in any event within ten (10) days after the Obi;gee or his representative shall learn of such default; and that no claim, suit, or action by reason of any default of the Principal shall he brought here- under after the expiration of thirty days from the end of the maintenance period as herein set forth. Form ~177 C W YOUNG CONSTRUCTION, INC. CERT~,D COPY OF POWER OF ATTOF~'~,Y OHIO-CASUA.L,WY IN fJl!l COMPANY HOMlI OFI:IC~ HA~MII.TON, OHIO of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint: its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance exc~udl~lX.II~l ........................ ($ t.~l~,m.~ - ) Dollars, lng, h'~ver, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. STATE OF OHIO, ~ SS. COUN1~ OF BUTLER In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said-The Ohio Casualty Insurance Company this day of .............. On this m day of ~ A.D. 19 m before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came John B. Vail, AssistantdescrlbeSeCretarYd of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal allured to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.  IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ....... My Commission expires '"'"'"'~11~[11~"~'"'~1~'~ .... This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Re~olution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Compan,y, as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that tan'~r,~t~(~ng power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Dix~ct~s are true and correct copies and are in full force and effect on this date. ~ ~.F/.d~ . ~ fl /-) IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this ~/-.~.''e~'~''~ dayT~g-./~.D., 19~'' ~ MAINTENANCE BOND Bond No. SNS 1427975 Amount: $32.094.89 KNOW ALLMEN BE THESE PRESENTS, That we, n. ~. naeu Co~oanu , as Principal, and Firemen's Insurance Compan~ of Newark, New Jerseu , a corporation duly organized under the laws of the State of New Jerseu and duly licensed to transact business in the State of Texas (hereinafter called the Surety), as Surety, are held and firmly bound unto the ~t~ of copsell (hereinafter called the Obligee) in the sum of ~irtq-TwoThousand, Ninety-Four and 8~/1QO ............ ~ollars for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, formally by these presents. Sealed with our seals and dated this 22nd day of December , 19 93. WHEREAS, the said Principal has heretofore entered into a contract with Gibbs Station, Ltd. , dated September 13r 1993, for Gibbs Station, Phase Two and, NOW, THEREFORE, the condition of this obligation 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 the 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 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 be null and void; otherwise shall remain in full force and effect. '· .cv ri c al ~ By: ~ ' Firemen's Insurance Company of Newark, NJ Surety ~orney Firemen's Insura~:e Company of Newark;~ew Jersey 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF A'rI'ORNEY 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 Glen Ritter, Dallas, 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 All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution 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, that the Chab'man of the Board, the Vice Chairman of the Board, the President, an Executive Vice Pp~ident o¢ a Senior Vice President or a Vice Pm~ident of the In Wi~e~ 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 INSUI;L~.NCE COMPANY OF NEWARK, NEW JERSEY Attest: By STATE OF NEW YORK COUNTY OF NEW YORK On this 1 st day of May, 1985, before me personally came Michael J. Beernaen, to me known, who being by me duly swom, 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 corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the 8oard of Directors of said corporation and that he signed his name thereto by like order. V.~....'. ,.,, ,.,.~...v ! CERTIFICATE ETHEL TARANTO NOTARY Puauc, Slate of New york No. 24-4663117 Qual. id ICinas County Commission Exp~es M~ch 30, 1986 I, the undersigned, an ,~ssistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foreaoing 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 22ncr day of DeceJ~er ,1993 . ~ane, A~.~smnt Vice president 21 BOND 4315K Printed in U.S.A. FR I 14 : ?'~l-~..C I ~,' I T AS__..~-.R 0 Up I/'~C . P . 02 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Documen! Al01 Standard Form of Agreement Between Owner and Contractor where Ihe basis o! payment is a STIPULATED SUM 1977 EDITION ?HIJ DOCUAIINT HAS IMPOR?A~,'r Use only ~'/lh Ihe 1976 ~dilion of ~fA Document ~01, Cene~a/ Condil)ons.of ~e ConlMcl fe~ Conslrucl~on. 1his document has been approved and endor~ by T~ ~soclated ~neral ~onlraclo~ ol Amerl~. AGREE&lENT made as of the 16th day of July Hundred and 93 in the year of Nineteen BETWEFN the O~wner: and the Contractor: The Project: Heath & Knight Craig Knight' 16660 Dallas Parkway Dallas, Texas 75248 Civitas Group 3023 Rou%h St. Dallas, Texas 75201 Gibbs - Station Phase 2, Coppell, Texas The Architect: The Owner and the Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Cone,act Documents consist Of Ihls ABreement. the Conditions of ~lhe Cont~mct (Genera~o Supplementary and other Cond~tionS)o the Drawings, the Specifications, all Addenda ssued pr or to and mil Modlfic31ions issued, after exe- cutlon of this AsreemenL These form the Contlact, and mil ale m~ fully a pa, of the Coat,ac! as if attached to this ASreement O~ eepeated herein. An enumeration of the Cont,acl Docs}meats ap;learg in Article 7. ARTICLE 2 THE WORK .The COntractor shall perform all the Wot~ requ;red by the Contract Documents for Installat£on of erosion conrol devices per the engineering plans for Gibbs-St&ion Phase 2, Coppell, Texas. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Wo,~. to be performed under Ibis Contract shall be commenced 7 / J. 9 / 9 3 and, subjecl to authorized adjustmenls, Substantial Completion s~11 be achie~ not li~e~ than AIK DOCUIAZ~.'I' AI~1 · OWNfR-C'O.%TIL~CTOI~ AGR(£htIh'T · E;I~I.~H EDIIION - JUNE 197'/ · AIAe ¢19,'7 · THE AM[KICAN INSTITUTE O~' A~C:tiIltIL'IS, 17J$ New YOKK AVE.. KW., WASHINGTON, C.r.. 20006 A101.1977 .:~ JUC-- 16. -- 9) FR I 14 :/--~ C I V I TAS ~ROUP ~ C . P . 04 " ARTICLE 4 CONTRACI SUM The O~sner shall pay tT~e Conlr, ctor.|n current funds for Ihe performance of tl~e Work, subject to additions and deductions by Chen&e Order as p.fov~decl in the. Contract Documents, the Contract Sum of $2991. ~0 The CQntrac! Sum ts determined as follows: (SEE ATTACHMENT) ARTICLE 5 I)R~)GRESS PAYMEt.~TS ~¥ the. ArChJlect, the Owner shell make pros,ess payments on account of the C~ntract~m't~ ~-e ~ · ,ided m the Contract Document3 for the period endin$ the ~a~th as follows: Not later than . _. .d.a)~ foll.o~.in8, t.he e_nd of t~i.cation ~or P.F~'menI -- i ..... percent t_ .,%,) ol the pomon o! the Co?.o.n~,ZAM-".gCi--rn properly atlocabte to labor, materla(s w~u pmfm meorporateo in their ~('nn~ %'~ orr and percent ( %) of the portion of the Contract m ~,'ritinl~. fO' the pe~~ Payments clue and unpe;d under the Contract Documents s~all bear interest from the date payment Is due at the rate entered be$ow, or In the absence thereof, at the le~! rate prevailing et the place of the Project. INSTITUTE O~' AICCHiItCI$, 1~35 NCW YC)RK ^Vt.0 K.W.o ~',~SHINGTOK, D,C, 20006 UL-- 1.6-- 95 FR I I 4 : ~--~ ~ I V I TA$ ~RO UP I'--~C P 05 ARTICLE 6 FINAL PAYMENT ~ paymenlo const;lut;ns the ~ unpaid balance of the Contract Sum, shall be paid by ARTICLE 7 &tISCELLANEOU$ PROVISIONS Terms used In this Asreement which are defined In the Conditions of the Contract shall have the meanln~S desi~attd in those Conditions. . The Cone,act Documents,~,hlch constitute the enti~e l~eement bet~'een thc O~¥ner and the Contractor, I~e listed ArtZcte 1 and, except for ~odificitlons issued ariel execution of this AGreement, ire enumerated is follo~,s~ This A~reement entered Into Is of the day and year first written above. 16660 Dall&$ Parkway CONTRACTOR Civitas Grou9, 4023 Routh St_., Dallas, Texas 75248 ~]a~. Tax~s, 73201 SCOPE OF SERVICES II. Installation of silt fence along Derimeter of "Lake. Estimated c~antity (lf) - 1870 Cost/lf - $1.29 Estimated cost = $2412.30 Intersection protection: (silt fence) Estimated quantity (if) - 135 Cost/If =$1'68 Estimated cost - $226,80 Inlet protection: (silt fence) Estimated quantity (lf) = 210 COSt/if - $1.68 Estimated cost - $352.80 Maintenance o~ Erosion Control devices shall be performed upon request ~ $1.25/lf ~ Dole/~'~',~"'~',9 '~'~0020097 e ;: o Address o_~ For _ ~