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ST8502-AG 870908The City With A Beautiful Future CITY OF COPPELL CITY COUNCIL AGENDA REQUEST P.O. Box 478 Coppell, Texas 75019 214-462-0022 AGENDA DATE REQUESTED: September 8, 1987 II. RECOMMENDED ITEM CAPTION: Moore Road final adjusted contract amount in accordance with a~roved change orders and author- izinq final payment in compliance with contract. III. RECOMMENDATION OF PLANNING & ZONING COMMISSION: IV. STAFF REPRESENTATIVE(S) TO ATTEND COUNCIL MEETING: Frank Trando, Finance Director/9eputy City Manager V. RECOMMMENDED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: Yes No VI. SUPPORT MATERIAL: SUBMITTED Yes No VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC. VIII. FINANCIAL REVIEW: BUDGETED ITEM NON BUDGETED ITEM IX. X. ORIGINAL ESTIMATE OR BUDGET $ CURRENT ESTIMATE: $ AMOUNT UNDER OR OVER BUDGET $ SUBMITTED BY Frank Trando, APPROVAL OF CITY MANAGER'S OFFICE: SOURCE OF FUNDING: BOND FUNDS OPERATING BUDGET OTHER: ACCT. NO. Finance Director/Deputy City Manager ~, HOLD __ AGNDARQSTFOEM MNITS TEM /9- September 2, 1987 To: Mayor & Council Via: From: Re: Alan D. Ratliff, City Manager Frank Trando, Finance Director/Deputy City Manager~ Moore Road Improvements-Final Payment This is to inform you that we will make final payment on the Moore Road Improvements on September 9, 1987. Attached, for your review, are letters from Wayne Ginn, an application for payment in the amount of $179,930.14, a Consent of Surety Company to Find Payment, a one year Maintenance Bond and a Contractor's Affidavit of Payment of Debts and Claims. Should you have any questions, please contact Mr. Wayne Ginn at (214) 248-4900 or myself at (214) 462-0022. FT/lr attachments FINANC MEMO/PAYMENTO1 GINN, INC. CONSULTING ENGINEERS Date: August 31, 1987 To: Alan D. Ratliff, city Manager From: H. Wayne Ginn subject: Moore Rd. Improvement Project - Executive Summary We have completed our final negotiations on behalf of the City Coppell with Ashlar Contracting Company for the above referenced project as directed by the Coppell City Council. Initially the contractor requested $1,942,000.00 but after three (3) weeks of negotiations has agreed to a final settlement of $1,931,052.06 which represents the actual quantities of work done. Their request of approximately $11,000.00 for extras was not allowed because they were incidental to the original contract items. The origianl contract amount on this project was $1,938,351.95. We have forwarded the Application for Final Payment to Mr. Frank Trando along with our recommendations for final payment. We have enjoyed the opportunity to participate with the City of Coppell on this project and submit that the City of Coppell received a quality project. We look forward to working with you on similar projects in the future. Sincerely, H. Wayne Ginn, P.E. cc: Mayor Lou Duggan Kevin Peiffer J-254 17103 Preston Road · Suite 100 · LB 118 · Dallas, Texas 75248 · Phone 214/248-4900 GINN, INC. CONSULTING ENGINEERS August 31, 1987 Mr. Alan D. Ratliff, City of Coppell P.O. Box 478 Coppell, TX 75019 city Manager Attn: Mr. Frank Trando Re: Moore Road Improvements - Final Payment Dear Mr. Trando: Enclosed are three copies of Application for Payment No. FINAL and Summary of Quantity in the amount of $179,930.14 from Ashlar Contracting Company, representing all work performed on the above referenced project. This represents a final summary of quantities and total contract amount of $1,931,052.06. We have reviewed this application and recommend that payment in the full amount of $179,930.14 be made. Please verify with Mr. Larry Jackson, City Attorney, if any retainage needs to be held due to damage claims. Also enclosed herein are original copies of the Consent of Surety for Final Payment, One-Year (1) Maintenance Bond, copy of the Contractors Affadavit of Payment of Debts & Claims, and As-Built construction plans (original and one set of prints) which are required by the contract prior to final payment. A Final Waiver of Lien shall also be submitted by Ashlar to the city of Coppell at the time of receiving final payment. Sincerely, H. Wayne Glnn, ~ HWG/dsp cc: Alan D. Ratliff, City Manager Larry Jackson, city Attorney Ashlar Contracting Co. Steve Goram Kevin Peiffer Butch Ellison J-254 attachments 17103 Preston Road · Suite 100 · kB 118 · Dallas, Texas 75248 · Phone 214/248-4900 PAYMENT REQUEST NO. FOR WORK COMPLETED Application for Payment FINAL fi SUFi~iARY OF QUANTITY SHEET One OF Six THROUGH THE DATE OF: August 20, 1987 PROJECT TITLE: LOCATION: DESCRIPTION: I~tOORE ROAD IMPROVE[qENTS DATE: Coppell, Texas - ~ndy l.akc Road to Belt l,ine Road 5,300 1. f. of 37' widc coucretc pavement, store sewer, rmoval of existing bridge ~ constm{ction of new concrete bridge ~ Grapevine Cree] OWNER/ENGINEER INFORMATION: OWNER; CITY OF COPPELL ADDREI~,: P. O. Box 478 CITY/STATE: Coppell, Texas 75019 g~ACT 1~4~4~1:-Ed Po~ell, P.E., City E]~g,NO~E NO.: ~ MO.: 462-0022 elliN, INC., ENGINEER: GON~ULTING ENGINEER8 ADDJIE~: 1S 1~S PRE~TON ROAD, ~UITE GfrY/STATE: DALLAS, TEXAS CONTAGT PER8Ofl: Kevin Peiffer pHGI~ ~O.: (214) ~SE-SE 11 CONTRACTOR INFORMATION: CONTRACTOR: ADDRESS: C/TY/STATE: Lewisville~ Texas ASIILAR CONTRACTING C(I~ANY P. O. Box 713 75067 CONTACT PERSON: __Dan 456-5509 INMJRANGE CO.: ADDRESS: CITY/STATE: BONDING AGENT: ADDRESS: CITY/STATE: EHPLOYERS OF TEXAS ~.~. Cle~ Lesch, Residem SFAPDRD SURETY C~ANY 206 Elm Street, Ste. 106 Lewisville~ Texas 75067 OOMTRACT NO.: CONTRACT DATE: 12/1(~/85 PROJECT NO.: J254 TOTAL ORIGINAL CONTRACT AMOUNT: S TOTAL CHANGE ORDERS: AMOUNT: S TOTAL CONTRACT AMOUNT TO DATE: S .NOTICE TO PROCEED DATE: 1,938,351.95 - 7,299.89 1~931~052.06 01/06/86 COMPLET~ONTIME: ~00 CALENDAR DAYS CONTRACT COMPLETION DATE: PERCENT TIME ELAPSED: 100 PERCENT WORK COMPLETED: PflOJECT: Mool~l.: l~()^l) IHI'I(()VI.:HI.:N'[~; SHEET '.) OF I, PAYMENT NO. FINAL fi ~Y OF OHAN' 'ITY PAY QUANTITY AMOUNT ITEM DESCRIPTION PLAN UNIT TO UNIT TO NO. QUANTITY DATE PRICE DATE 100,1 Prepare right-of-way 53.7 S'l',X 53.70 1,100.00 59,070.00 102.1 Clear & Grub .5 AC .50 2,000.00 1.000.00 104.1 Sawcuc Concrete 88~ ].F 985.00 1.50 11477.50' 104,2 Sawcut A~phalt ~,',', 1.1.' ~2R_flO 1.50 104.3 ~e.~ve Old Concrete 270 SY 555.55 9.00: 3t199.95 10$.1 ~emove Old Bridge 1 l.S 1 nfl 12,OO0.OO 17.pnn nn 110.1 Roadvay Excavation 7,.0., (:Y 7204.00 4.75 $4~219.00 120.1 Channel Excavation 447 (:y 447.00 4.75 2,123.25 131.1 Borrov (Dens. Cont.) 4,902 CY 4902.00 10.00 49,020.00 162.1 Soddin~ (Block) 1,084 SY 5~1 lfl 4.20 164.1 Hydromulchin~ 11~335 SY llXln an .50 ~ fi~ nm 166.1 Fertilizer 440 LB c.c~. .20 168.1 Sprinkle Irrigation 107 MC 120.00 8.00 960.00 2&8.1 Flex Sase 697 CY 979.00 50.00 48,980.00 252.1 Salvage & Rep. ~ 200 CY ?nn nn 35.00 7.pnn no 260.1 Lime Treatment 24,584 sY 24584.00 1.50 56,876.00 264.1 Ll~e Slurry, 4I 221 T~ 220.50 86.00 18.96~.00 340.1 BNACP, Type D 142 TN 142.00 115.00 16,530.0~ 340.2 B~ACP, Type B 617 TN 640.30 60.00 38,418.00 360.1 6" Concrete Pavement 22,928 SY 25097.00 17.60 406~507.20 360.2 Honolichic Curb 8,424 LF 7740.00 1.70 13.158.00 360.3 Concrete Street Header 127 LF 177 nfl 7.00 ,R~ nn 360.4~ Concrete Railroad Header 100 LF 100.00 11.00 1,100.00. 421.1 Class A Concrete 49.8 CY 51_gO 1,150.00 59.570.00 450.2 Railing (Culvert) 45 LF 46.00 150.00 6,900.00 450.3 Handrail 135 I.F 135.00 45.00 6,075.00 464.1 18" RCP, Class III 1,743 I.F 1745.00 25.00 431575.00 464.2 21" RCP, Class III 628 LF 628.00 27.00 16,956.00 464.3 24" RCP, Class III 816 I.F ~ an 34.00 I~flOJECT: ~R£ ~ ~[])~r~v~.~rT'~i SHEET ~ OF PAYMENT NO. PAY QUANTITY AMOUNT ITEM DESCRIPTION PLAk UNIT TO UNIT TO NO. QUANTITY DATE PRICE DATE 464.4 27" RCF, Class III 286 LF 286.00 38.00 10~868.00' 464.) 30" RCP, Claes III 499 LF 499.00 40.00 19.960.00 464.6 36" RCP, Class II! 728 LF 72Rrm 50.00 464.7 48" RCP, Class III 94 LF 94.00 76.00 71144.00 464.8 4'x2' RCBC, C-850 228 LF 228.00 100.00 22r800.00 464.9 5'x2' RCBC{ C-850 197 LF 1~],00 115.00 21.g6S.00 464.1~ 7'x5' RCBCI C-850 60 I.F 60.00 700.00 42~000.00 470.1 Type B Headwall 5 I<A ~ fin 6,000.00 470.2, Type C Headwall 4 I<A 4.00 3t000.00 12~000.00 470.3 Junction Box, Type "A" 1 EA I ~0 6,000.00 6 ~NN_ON 470.4 T~pe A Headwall (Modifi~d 2 EA 2.00 9m000.O0 18,000.00 470.5 Drop Inlet (Modified} 1 ~ c,ao 2~100.00 470.6 6' Curb Inlets 9 ~ q NN 2,500.00. 77 470.7 6' Recessed inlet 17 EA 17.~ 2}500.00 470.8 10' Recessed Inlet 34 l~ ~ nn 3,000.00 ~9.0NO_aO 470.9 10' Curb Inlets 2 E.A ~ nn 2,800.00 ~.~nn nn 470.~ 1M Curb Inlets 1 .~A 1.aO ~,000.00 4.000.00 470J1 Sto~nHanhole~ Type B 3 EA ~ Nfl ~.6nn an 7 RNN NN 470~2 4'x5' San. S~. ~nhole 2 ~ Z,~0 2,300.00 41600.00 476 m-ilYoad Bore, (c.i.p.) 101 LF 103_On 115.00 33 47~.1 ~Jus~ ~nhole 4 ~ 4.00 300.00 1,200.do 504.1 Field Office 1 LS 1.00 :2,000.0< 12~000.00 530.1 6" Driveway/Alley {cnnc_l 3.036 SY 3~67_2~ 21.50 ~30.2 4" Sidewalks (conc.} 3,894 SY 3840.00 16.10 61,824.00 530.3 Brick Pavers 1,159 SY 1133.00 8.40 530.4 6" Curb i Gutter (cone.) 297 LF 67.Nfl 5.00 530.5 6" Slope 8.2 SY 14.00 55.00 770.00~ ~44.1 Replace ~ood Fence 55 I,F 192.50 15.00 2~887.50 582.1 Relocate/Louer 8" Main 190 1.F 191.24 8~.00 16,064.16' I~IO,IEGT: NOO~ RO,U~ I~ROW~a':,T$ SHEET ~ OF 6 I~AYMENT NO. 18 say QUANTITY AMOUNT ITEM DESCRIPTION PLAN UNIT TO UNIT TO NO. QUANTITY DATE PRICE DATE 582.2 Relocate H20 Service 4 FA 4.00 31~tQQ 1,260.00 582.3 Install H20 Service I I,:^ 1NN ~nn.nn' ,nn nn 582.4 30" DI San. Swr. Main 152 I,F 152.00 90.00 13~680.00 582.5 Adjust H~O Valve 20 EA 25.00 55.00 1.375.00 582.6 Relocate/Adjust S.Swr. Matn 1 EA C..e 400.00 ,,~,= - 582.7 12" DI, Class 51 662 LF 662.00 34.00 22,508.00 582.8 12" Gate Valve 2 gA 582.9 Relocate Fire Hydrant i EA 1.00 700.00 700.00 582.1D 6" DI Gate Valve 1 ~A ~91.1 ;tone Facies 1,256 SF 1~g.60 1-00 1.76g.60 618.1 3" PVC Conduit 387 LF ~R7 NN 10.50 4.N6~ ~N 674.1 4" Yellow Dbl Refl. Butto~ 509 EA 5~3_00 6.00 ~,~ nn 676.1 8" White Refl. Button 22 EA 23.00 3~.00 782.00 676.2 8" Yellow Refl. Button 99 EA IQ2.00 36.00 3.672 NO 666 Thermo Markings 335 I.F ~q~_NN 8.00 E.544 NN No Pa~ Item 0 416 18" Drill Shafts 80 LF 80.00 43.00 3,440.00 116 30" Drill Shafts 482.5 l,F 485.62 75.00 36,271.50 ~21 Class C Conc. Abut. 50.6 421 Class C Conc. Bends 43 CY 43.00 370.00 15,910.00' &21 Class C Conc. Slab 257.2 (:Y 259.70 310.00 80~507.00 425 Type C Beams 1~]83 LF ]]~ 432.1 Concrete Rtprap 1,020 SY 1153.54 .35.00 40,375.90 440 Reinforced Steel 67,367 I.ll 72956.00 .47 ~4,289.32 442 Structural Steel 2,250 LB 392 17~.00 450.2 Bridge Railing LF 392.00 69.776.00 ~46 Class A Appr. Slab 48.3 CY 48.30 26Q.QQ 12,558.00 ,11.1 Bridge Electrical ] LS 1.00 ~3,000.00 23~000.00 i~OJECT: NOO~ BO~,p I~RO~=~NTS S.I[ET 5 DF 6 · I~AYAtENT NO. 18 PAY QUANTITY AMOUNT ITEM DESCRIPTION PLAN UNIT TO UNIT TO NO. QUANTITY DATE PRICE DATE FIELD EXTRAS 6" PVC S S EXTEN 211 LF 211.00 26.00 S,486.00 16'~ H20 LO~ING i LS 1.00 8500.00 8t$00.00 8" H20 SERVIC~ 90 [m go_no 4~ nn a ~an nn 8"x8" TAPPING S~V 1 ....FA 2.00 1850.00 3t700.00 GRADING KEN LEE'S PROP, 1 1 ,Nfl, 8on nc ;gon nn R' REC TNI.ET 1 EA 1 Nf 27KN_N~ 2_7K0 fin BRUSH P,~ ~ SIGNS 1 FA 1.0( 300.0~ 300.00 FTREHYDRA'rlq RIFFrcN ll FA ~ nr '~ ¢n ~9 ¢n BACKFILL VALVE $ ~ l _n~ ~;~n.nc q~n nn RET. WALL 8" S0.58 LF 30.$~ 8.S5 255.34 COLD HIX MAINT. 1 LS 1.0( 5606.14 5t606.14 DITCH EXCAVATION ] Lq l~Df INDO.0O ~ .ODD_OD III SERVICES 1 LS 1.0( 250.0C 250.00 SUPPORT ANGLES 1 LS 1.0( ~00.0~ ~00.00 D2TOUR B NOT US2D i ~S 1.00 -lS2S.00 - 1,S2S.00 ~RO$$ AMOUNT DU£ !,~1,0S2.06 MOORE SHEET pAyU~qT ~ OF 6 NO. 18 A¢comp&ny~nS D~cumencsCion: BEVlEWED CHECKED BY: GROSS AMOUNT DUE ......... LESS Z RETAINAGE ..... A~OUNT DUE TO DATE ....... LESS PREVIOUS PAYMENTS... DUE THIS A~PLICATION $ 1.931.052.06 , ],7q:q~m14 GO~I'~A GTC~ '$ GEIfl'IFK~A110~ T~e ~deri/sned CO~OR certifies c~c (1) all previous proiresi ~ on ~ccounr of ~ork d~e ~der ~he Contract referred to ~ve h~ve dlschsr~e In full all obl1~oRs of C~C~R incurred in co~ec~ton ~h by ~rlor Appltcagtons for ~g .... ~red I chroush /~ ~cluslve~ all ~cir~als ~d equSp~nc ~ucor~reted In ~d ~rk or oChe~oe l~lcod ~n ~ c~er~ ._by ~is ~pl~cocion for Parc will ~oo co MER aC C~ of '41A l~ens, claims, Mcgr~cy h~oEe md .c~r~cel (ex. pt ~ch ~cepcible ~ ~)2 'hc.d ~(~~ . 19~. ASHLAR CONTRACTING COMPANY COWT~ACTOR ENOINEEI~'~ I~COMENDATIO~: Th~l Applic&Cion (~ch accoupsnying docunenCeCion) meets che requiremence of ch& Con[rscc D~cunencs a~d pe~dnC of ch& above A~OUNT ~E THIS A~,PLICATION, ~e recomnded. Dated ¥ ~ / 19 "~ By GINN, INC. , Co~sulcing Engineers OWNER'S APPrOVAl: Fey requle~ received Approved for pe.v~en~ on By CITY OF COPPELL day of TITLE by , 19 CONSENT OF SURETY COMPANY TO FINAL PAYMENT AIA DOCUMENT G707 OWNER [] ARCHITECT [] CONTRACTOR [] SURETY [] OTHER ECE!V£13 AUG £ O !.98; PROJECT: (name, address) TO (Owner) CONTRACTOR: Moore Road Coppell, Texas City of Coppell P. O. Box 478 Coppell, Texas 75019 Ashlar Contracting Company P. O. Box 713 Lewisville, Texas 75067 ARCHI'~ECT'S PROJECT NO: CONTRACT FOR: Construct Improvements to Moore Road from Sandy Lake Road to Belt line Road. CONTRACT DATE:December 16, 1985 In accordance with the provisions of the Contract between the Owner and the Contractor as indicaled above, the Seaboard Surety Company 5750 Pineland Dr., Suite 304, Dallas, Texas 75231-5366 , SURETY COMPANY, on bond of (~re inserl name and add,ess ol Conlraclor) Ashlar Contracting Company P. O. Box 713, Lewisville, Texas 75067 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees Ihat final pa,~ment to the Contractor shall not City of Coppell P. O. Box 478, Coppell, Texas 75019 , OWN£R, as set forth in the said Surety Company's bond. Bond No. 102607. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 7th day of SEABOARD SURETY CO~fPANY August 1987 Surety Company (~eal): Signature of Author~ed "Representative Pauline L. Lesch Attorney-in-~act Title NOT[: This tu~rn is to be used as a companion document to AIA DOCUMENT G706, CONIRACTOR'S AJ[IDAVIT OF PAYM[.'~] O¢ DEBTS ANu CLAIMS. CuIlcnl Edition pov n OF .TTO eY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY. a corporation of the State of New York, made, constituted and appointed and by these presents does make, constitute and appoint Clem F. T.esch O= Pauline L. Lesch or Don E. Cornell of Lewisville, Texas its t rue and lawful Attorney-in-Fact, to make, execute and deliver on Its behalf Insurance ~ ~ bonds, unde~aking= and other Instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact pumuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors Of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: iN WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and it%corl3~ate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 13 th day of .................. ...~ ~'.~.-~ ............... 19...~../ ................ OAttest: SEABOARD SURETY COMPANY, By : 0 ,, ,. ....... ~ ................................... ~;k...~.~ STATE OF NEW JERSEY Assistant Secretary COUNTY OF SOMERSET ss.: On this ............. 1.3.t,h ....... day of ............. Apr ii ...................................... 19_.~.~_, before me personally appeared ............. N'i ch~el...~.,....Feeqa_~ ..............................................a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of .N.e:w...~.e~s.e~..; that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President of said Company by like authority. FELICE M. CATALANO (Seal) #0TARY PUl3MC OF NEW JERSEY .... My Commission Exp. June 4, 1991 C E R T I F I C A T E t, the undersigned Assistant Secretary o! SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is SEABOARD SURETY COMPANY. Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the usa of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any instruments described in said Article VII, Section 1, with like effect as if Such seal and such signature had been manualfy affixed end made. hereby is ~N WrFNESE WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this O.................................. 7.ch... day of ................... A.U.8.t[~.I; ........................................ 19_~.7. ..... . SEABOARD SURETY COMPANY Bond No. 102607 FtaI N7ENANCE BOND KNOW ALL HEN BY THESE PRESENTS, 131at we ASHLAR CONTRACTING C05fPANY P. O. Box 713, Lewisvil~e, Texas 75067 (hereinafter called the Principal), as Principal, and the SEABOARD SURETY COMPAq, a corporation organized and doing business under and by virtue of the laws of the State of New York, and duly licensed for the purpose of making, guaranteeing or becoming sole Surety on bonds or undertakings required or authorized by the laws of the State of Texas , as Surety, are held and firmly bound unto CITY OF COPPELL, P. O. Box 478, Coppell, Texas 75019 .(hereinafter called the Obligee), in the just and full sum of ONE MILLION NINE HUN- DR~D~I~XY EIGHT THOUSAND THREE HUNDRED FIMFYONEDollars ($1,938,351.95) lawful m~y~gi~-~2~-g~$~%~-%-f--~m-e-r-f~f[-for the-~yment of which, well and truly to be made, we hereby bind ourselves and our successors and assigns, jointly and severally, firmly by these presents. WHEREAS, on the 16th day of December , 19 85, the said Principal, as contractor, entered into a contract for the work required in the construction of improvements to Moore Road for the sum of ONE MILLION NINE HUNDRED THIRTY EIGHT THOUSAND THREE HUNDRED Dollars ($ 1,938,351.95~; and FI~Y ONE AND 95/100 ............ -.J WHEREAS, under the terms of the specifications for said work, the said Princi al ~R~q~E~OF~f . bond in the a.ount of ONE MILLION NINE HUNDRED THIRTY EIGHT ~USAND O~E AND qS/lO0 Dollars {$ 1,938,351.95 ) to guarantee the replacement and repair ......... ----r .... he said of defective materials or defective workmanshlp furnished or ~nstalled by t Principal, for a period of ONE (1) YEAH from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said Principal shall for a period of ONE (1) YEAR from and after the date of the completion and acceptance of the said work by said Obligee replace and repair an), and all defective materials or defective workmanship in said work, then the above obligation to be void; otherwise to remain in full force and effect. SEALED with our seals and dated this 18th day of August , 19 87 . ASHLAR CONTRACTING COMPANY By: SEABOARD SURE~f COMP;J~Y (Seal) Attorney-in-Fact Pauline L. Lesch :JJJL O IJJI!J"T"J' 13OlJl Jj JJ' LL S." No, 2 04 3 ADMINI~ OFFICC--8, BEDMINaTER, NEW JERSEY POWL~ OF ATTORNEY KNOW ALL MEN BY THESE ~RESENTS: That SEABOARD SURETY COMPANY. a corporation of the State of New York. has made, constituted and appointed and by these presents doe~ make, constitute and appoint Clem F. Leach or Pauline L. Lesch or Don E. Cornell of Lewisville, Texas its true and lawful Attorney-in -Fact, to make, execute and deliver on its behalf Irmurance policies, ~umty bond~ undmtakinga amJ other Instruments of simile' nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes,-when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seat; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors Of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "P -'d~e~, bo~, rm:og~T~.er~,s, s~ cerm~ut~ of m~,wty, um~fvnlSng un(~m,t~,h~ m~J hssl~m~q~ mletl~g I~ I nsu range policies, bonds, recognizances, stipulations, consents of surety and underwriting unde~akings of the Company, end releases, agreements and other writings relating *n any way thereto or to any claim or loss thereunder, shall de signed in the name and on behalf of the Company (a) by the Chsirman of the Board, the President a Vice-President Or a Resident Vice-Presidenf and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice-President to make such signature: or (c) by such other officers or representatives as the eoard may from time fo time determine: The seal of the Company shall if appropriate be affixed thereto by any such officer, Attomey-in-Fect or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and it%cor0~rate seal to be be./'eunto affixed and duly attested by one of its Assistant Secretaries, this 13th OAttest: SEABOARD SURETY COMPANY, (Seal) ,~,~....~.;...~ B.~:...~..~....~.~ STATE OF NEW JERSEY Assistant Secretary V~.,~ President COUNTY OF SOMERSET On this ............. 1.3th .......day of ........................ ~,p~ ............................................. 19...~.~..., before me personally appeared ............ -Mi,¢hae,l.-..~-....~eega-n. ........................................................... a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who. being by me duly sworn, said that he resides in the State of .Ne~..J.e. rs.ey..; that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President of said Company by like authority. FELICE M. CATALANO (Seal) NOTARY PUBLIC OF NEW JERSEY . . Notary Public My Commission Exp. June 4, ],99t C E R T I F I C A T E I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the odginal Power ot Attorney of which the foregoing is a tull, true and correct copy, is ir~ full force and effect on the date of this Certificate and I do further certify that the Vice-Presi~ent who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-tact as proside(I in Article VII, Section 1, o! the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called ami held on the 25th day of March 1970. *'RESOLVED: (2) That the use of a printed fecsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-Preside~! pursuant to Article VII, Section 1, of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name end on I~-~half of the Company surety bon~s, uno~m~itthg undertakings or other authorized ami appre~d." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this ............................................. day of .................. ..~.PgU~.~ ...................................... :., 19..8...7. ...... CONTRACTOR'S OWNER ARCHITECT AFFIDAVIT OF CON'TRACTOR SURETY PAYMENT OF OTHfR DEBTS AND CLAIMS AIA Pocumenl G706 [] [] [] [] 10 F City of Coppell P. O. Box 478 Coppell, Texas 75019 PROJECT: Moore Road (name, ~ddres~) Coppell, Texas ARCHllECI'5 PROJECT NO: CONTRACT FOR: Construct Improvements to Moore Road from Sandy L~ke Road to Belt- line Road CONTRACT DATE: December 16, 1985 State of: Tex~s Courtly of: Denton The under.,.igned, pursuant lo Article 9 of the General Conditions of the Contract for Conslrucfion, AIA Documenl A201, hereby certifies that, except as lisled below, he has paid in fuji or has oll',er~'.ise salisfied all obligations for all materials and equipment fumlshed, for all work, labor, and services performed, and for all kno~n indebtedness and claims against the Contraclor for damages arising in any manne[ in connection with the performance of lhe Contract ~efe~enced above for which the O~ner or his property might in any ~a~,' be held responsible. EXCEPTIONS: (if none, write "None". If required by the Owner, the Contractor shall furnish bond satisfaclory to the O~ner for each exception.) . · SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent of Surety tO Final Payment. Whenever Surety is involved, Consent of Surely is required. AIA DOCUMENT G707, CONSENT OE SURETY, may be used for Ibis purpose. Indicate al~achment: (yes ) (no ). The follm~ing :upporting documents should be at- tached hereto if required by the Owner: 1. Contractor's Relea..,e or V~'aiver of Liens, condi- lional upon receipl of final payment 2. Separale Releases or Waivers of Liens from Sub- contractors and material and equipment sup- CONTRACTOR: ASHLAR CONTRACTING COMPANY Subscribed and s~ orn to before me this Seventh day of AuRuat lc~7. ptlers, to II~e extent required by 1he Owner, ac- companled by a list lhereof. ///.Notary Publlc:~...~.