ST9902-CN070724
Contractor's Affidavit of Final Payment
THE STATE OF TEXAS)
)
COUNTY OF DALLAS)
CONTRACTOR'S AFFIDAVIT OF
FINAL PAYMENT AND RELEASE
BEFORE ME, the undersigned authority, on this day personally appeared Robert Caudill(Affiant"), who,
after being by me duly sworn, deposes and says that he Vice President for Tiseo Paving Co. , a
Corporation (corporation, partnership, trade name) of Dallas County, State of Texas (the
"Contractor", which said Contractor was awarded the contract for the West Sandy Lake Road(the Work"),
for a total consideration Four Million Seventy Seven Thousand Eight Hundred Ninety Dollars and 54
Cents (4,077,890.54) to be paid to the said Contractor (the "Contract"), and that Affiant has full power of
authority to make this affidavit.
That The City of Coppell (the "Owner") has approved the final estimate on said Work, and that
the said Contractor has fully satisfied and paid any and all claims that my be covered by Chapter 53 of
the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas, or any
other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid
and discharged by said Contractor insofar as they pertain to the Work in question.
That in addition to any funds which may have been previously paid by the Owner, the Contractor
hereby accepts the amount of Two Hundred Ten Thousand Three Hundred Ninetv One Dollars and 58
Cents (210,391.58) as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby
waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature
against the Owner arising out of or in any manner connected with the performance of the Work and/or the
Contract, including but not limited to claims of third parties that supplied material and/or labor for the
Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional
compensation or for recovery of liquidated damages which may have been withheld by the Owner. The
Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such
Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act
or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the
final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and
provisions of said Contract.
(Print Name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the 16th day_ of Julv ,A. D. 2007
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Melanie R. Tavlor
(Printed Name of Notary)
My commission expires
01/04/2011
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CONSENT OF
SURETY C<);\lPANY
TO FINAL PAYMENT
AlA DOCUM ;:NT G707
OWller
Architect
Contractor
Surery
Other
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Bond No. 35BCSDQ1680
PROJECT: Construction of The West Sandy Lake Road - Project No. ST99-02A - Bid No. Q-l105-01
(name. audress)
TO: (O\\11cr)
City of Coppell
255 Parkway Drive
Coppell, TX 75019
ARCHITECT'S PROJECT NO:
CONTRACT FOR: Contract Bond
CONTRACT DAT"::
CONTHACTOR:
Tiseo Paving Company
P. O. Box 270040
Dallas, TX 75227-0040
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
Hartford Fire Insurance Company
Hartford Plaza Tower 4
Hartford, Connecticut ,STJRETY COMPANY
on bond of (hcn: insnlll31l1c 311<1 mldress or COlllractor)
Tiseo Paving Company
P. O. Box 270040
Dallas, Texas 75227-0040
,CONTRACTOR,
hereby approves or the final payment to the Contractor, and agrees that final payment to the Contractor shall not
relieve the Surety Company of any of its obligations to (hne insert name and address of Owner)
City of Coppell
255 Parkway Drive .OWNER.
Coppell, Texas 75019
as set forth in the said Surety Company's bonel.
IN WrrNES~ WHEREOf,
the Surety Company has hereunto set its hand this
24th
day of
July,
2007
AlIe"t: 1J ~ Q. J ~ ~
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Surety Company
Hartford Fire Insurance Company
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Signature of Authorized RcprcS('nlallvc
Kathleen M. Irelan - Attorney-In-Fact
Title
>JOTE: '!llis t~>nl1 is to b~ used as a eOl11p3l~jon U<KlIlllCI11 to 1\1/\ DOCUMENT (1706, COl\TRACTOR'S /,j:lin)" VIT OF PA YMENT OF
DElrrS AND ('I.AIMS. Current t!dilion
:\JAOOCUMENT m07'CONSEN'J6F SURETY C01\1'j'ANY TO F;NM, Pl\ YMI'.NT,APRII. I 970 I~DITlOJ\"I\Il\X:
PAGE
~jl970'TIIE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK. AVE., N\\'. WASJ IINGTON. J),c:. 20006
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POWER OF ATTORNEY
~NOW ALL PERSONS BY THESE PRESENTS THAT:
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P,O. BOX 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860~757 -5835
Agency Code: 35-351225
~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
~ Hartford Casualty Insurance Company, a corporalion duly organized under the laws of the State of indiana
CD Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Conn ecti cuI
c=J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Conn ecti cuI
c=J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndiana
c=J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the Stale of Illinois
CJ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
CJ Hartford Insurance Company of the Southeast, a eorporation duly organized under the laws of the State of Florida
lVing their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
o to the amount of unlimited:
Roberl Trobec, Kathleen M Irelan, Ian J. Donald, Jeffrey A. Chandler
of
Troy, MI
eir true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
!Iineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
Iture thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
:ecuting or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
ave caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
:ecretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
nd will be bound by any mechanically applied signatures applied to this Power of Attorney.
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Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
'ATE OF CONNECTICUT}
5S. Hartford
lUNTY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
r that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
-po rations described in and which executed the above instrument; that he knows the sears of the said corporations; that the seals affixed to the
d instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
name thereto by like authority.
L)c,:w-?/g
Scott E, Pasek.
Notary Public
CERTIFICA IE My Commission Expires October 31. 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
lY of the Power of Attorney executed by said Companies, which is still in full force effective as of July 24th, 2007
Signed and sealed at the City of Hartford.
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Gary W. Slum per, Assistant Vice President
07/30/2007 10:35
'37221(:,5537
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TISEO
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PAGE 02/02
Page 1 of 1
Robert Caudill
From: Susan Custer [SCUSTER@gpm-law.com]
Sent: Monday, July 30, 2007 10:05 AM
To: kgriffin@cLcoppell,tx.us; Robert Caudill
Subject: Sandy Lake West-Oakbend Estates entrance
Ken and Robert - We received payment in full. Thank you for working with US on this,
Susan M. Custer
Paralegal
Glast. Phillips 8< Murray, P,C,
13355 Noel Road, LB 48
2200 One Galleria Tower
Dallas, Texas 75240
Telephone: (972) 419-8387
Facsimile: (972) 419-8329
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plea5!! notify U!l Immedl;.1tely by return e.mall and promptly delete this messago and Its attachments from your computer system. We do not waive
Cllent-Morney or work product privilege by the trM!lmlssion of this meS9a(le. This communication does not reflect an intention by the sender or the
sendcr'!l client or principal to conduct A trans;Jctlon or mAke any agreoment by electronic means, Nothing contained In this me~age or In <lny
attachment sh~1I sati5fy the requlrcment~ for a writing. and nothing contained herein ahell constitute a contract or electroniC !ligneture under the
Eleclronic Slgnc1turcs In GlOMI and N<ltlenal Commerce Act, <lny version of the Uniform Electronic Transactions Act or any other statute governing
elE'ctronic tmn5actlons
7130/2007