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Shake & Shingle 2-CS101101 T H E • C 1 T Y O F COPPELL r 4, 8 . 1 8 November 1, 2010 Charley Conway Ratcliff Constructors 4200 Beltway Dr Addison TX 75001 RE: Shake & Shingle Addition, Phase 2 Final Acceptance Dear Mr. Conway: Representatives of the City of Coppell have confirmed a final inspection of paving and utilities for the referenced project. The two -year maintenance bonds and record drawings have been received. Maturity on the bonds will be two years from the date of this letter. You may notify the MS4 (City of Coppell) at any time during the two -year maintenance period if stabilization of the site per the SWPPP permit can be demonstrated. If so, complete and submit a Notice of Termination (NOT) to discontinue coverage under the SWPPP permit. A follow -up inspection of the facilities will be conducted prior to the lapse of the two -year bond period. If any punchlist items are noted at that time, you will be contacted to make repairs. Thanks for your cooperation. Sincere , O ' 7 1 Larry Davis Construction Inspector Office Phone: (972) 304 -3684 Fax: (972) 304 -3570 cc: Ken Griffin, P.E., Director of Engineering & Public Works Glenn Hollowell, P.E., Asst. Director of Public Works Michael Arellano, Chief Building Official Tim Oates, Deputy Chief/Prevention Pete Hennessey, Hennessey Engineering A FAMILY COMMUNITY FOR A LIFETIME 255 PARKWAY * P.O. BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * WWW.COPPELLTX.GOV MAINTENANCE BOND Bond No. 2136655 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT CalHar Construction, Inc. 2138 CalHar Drive, Melissa, TX 75454 as Principal, and - North American Specialty Insurance Company , a corporation organized under the laws of New Hampshire , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell, TX , a Municipal Corporation, Texas, the sum of Thirty-Three Thousand Three Hundred Thirty-Eight and 00/100 ---- Dollars and Cents ($33,338.00 ) , for the payment of which sum will and truly be made unto said City of Coppell, TX , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said CalHar Construction, Inc. has this day entered into a written contract with the said Ratcliff Constructors to build and construct Site Utilities to serve Ingle Office Warehouse Phase II, Coppell,TX which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said Maintenance Bond Page 1 of 2 provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell, TX shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said CalHar Construction, Inc. has caused these presents to be executed by Don. P Callaham and the said North American Specialty Insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Sandra Lee Roney , has hereunto set his hand, the 27th day of August , 2010 PRINCIPAL SURETY CaIH- onstruction, Inc. North American Specialty Insurance Company• By:_ By: - - 2'x`1 Sandra Lee Roney Title: Don P. Callaham, President Title: Attorney-in-Fact Witness: WITNESS: AEA�X Caril Goodenou , ncy Representativ NOTE: Date of Maintenance Bond must not be prior to date of Contract. Maintenance Bond Page 2 of 2 • NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca,Illinois,each does hereby make,constitute and appoint: SAMMY JOE MULLIS,JR.,JOHN WILLIAM NEWBY,ROBERT DONALD HURST,PATRICIA LEE BARTLETT, JULIE STORM,WILBERT RAYMOND WATSON,CAROLYN J.GOODENOUGH and SANDRA LEE RONEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24's of March,2000: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." G� t —. s2 YT'' `� By �,.r,. " SEAL B slave.P.Ando...,PMIdeal&Cblaf Pneeutive Officer of Wubl.gton InternadoW Miura=ee Company f SEAL. ti lTh 4,4 &Senior Vice President of North American Specialty insurance Company Si 1 i niniat O By David M.Layman,Senior Vice Presiden of Wmhlaglon Internatlonal insurance Company -&Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 30th day of September ,2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30th day of Septernber ,2008 before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies. Lwow o "OFFICIAL SEAU • Pob5c,State of Mimi (bmtaission 1Q/allpli Donna D.Sens,Notary y Public I, James A.Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 27th day of August ,2010 . lames A.Carpenter,Vice President&Assistant Secretary of Washington International Insurance Company& North American Specialty Insurance Company North American Specialty Insurance Company Washington International Insurance Company TEXAS CLAIMS INFORMATION IMPORTANT NOTICE ADVISO IMPORTANTE In order to obtain information or make a complaint: Para obtener informacion o para someter un queja: You may contact Jim Carpenter,Vice President— Puede comunicarse con Jim Carpenter,Vice Claims at 1-800-338-0753 President— Claims,al 1-800-338-0753 You may call Washington International Insurance Usted puede Ilamr al numero de telefono gratis de Company and/or North American Specialty Insurance Washington International Insurance Company and/or Company's toll-free number for information or to North American Specialty Insurance Company's para make a complaint at: informacion o para someter una queja al: 1-800-338-0753 1-800-338-0753 You may also write to Washington International Usted tambien puede escribir a Washington Insurance Company and/or North American Specialty International Insurance Company and/or North Insurance Company at the following address: American Specialty Insurance Company al: 475 N. Martingale Road 475 N.Martingale Road Suite 850 Suite 850 Schaumburg, IL 60173 Schaumburg,IL 60173 You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas to obtain information on companies, coverages, pare obtener informacion acerca de companies, rights or complaints at: coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: htta://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us Email:ConsumerProtection @tdi.state.tx.us Email:ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should first contact the reclamo, debe comunicarse con el Washington Washington International Insurance Company and/or International Insurance Company and/or North North American Specialty Insurance Company. If the American Specialty Insurance Company primero. Si dispute is not resolved,you may contact the Texas no se resuelve la disputa, puede entonces Department of Insurance. comunicarse con el Departmento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Este aviso es solo para proposito de infromacion y no become a part or condition of the attached se converte en parte o condition del documento document. adjunto. CNA SURETY Bond No.929504136 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we RATCLIFF CONSTRUCTORS,L.P. of 4200 Beltway Drive,Addison,TX 75001 , hereinafter referred to as the Principal,and CONTINENTAL CASUALTY COMPANY,CNA Plaza,Chicago,IL 60685 as Surety, are held and firmly bound unto Robert and Kathy Ingle _ of 200 E.Beltline,Coppell,TX , hereinafter referred to as the Obligee, in the sum of Six Thousand,Five Hundred Seventy-Four Dollars and 00/100 Dollars ( $6,574.00 ), for the payment of which we bind ourselves,our legal representatives, successors and assigns,jointly and severally,firmly by these presents. For: Sanitary Sewer Repair Ingle Office Warehouse Phase II,Coppell,TX WHEREAS,the said Principal entered into a contract with the Robert and Kathy Ingle dated October 25,2006 for Robert and Kathy Ingle,Office/Warehouse Buildings,200 E.Beltline,Coppell,TX WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of two ( 2 ) year(s)after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on September 1,2010 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of two ( 2 )year(s)from and after September 1,2010 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 1st day of September , 2010 , RATCLIFF CONSTRUCTORS,L.P. (Principal) By: (Seal) CONTINENTAL CASUALTY COMPANY (Surety) By: iiiwr AA/7 (Seal) Bert Gutberteau,Jr., Attorney-in-fact SUR-23210-C POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Stephen L.Cory,Pamela K.Tucker,Bert Guiberteau Jr.,Melanie Stern,Individually of Metairie,LA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 28th day of August,2009. 'ISSAS—INtP.- 40 y Wwq Continental Casualty Company toccao:e National Fire In surance Company of Hartford •"'�OA"*t C o a American Casualty Company of Reading,Pennsylvania Nl�l. sou. * V j (eCt?frC) ,t Jac. ., yne .Belcastro Senior Vice President State of Illinois,County of Cook,ss: On this 28th day of August,2009,before me personally came Jacquelyne M.Belcastro to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. OFFICIAL SEAL am Ma MY 00111111110/1 004111111:017/11 My Commission Expires September 17,2013 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 1st day of September 2010 c,Ast.L1Q. �, Continental Casualty Company At" National Fire Insurance Company of Hartford pO tuft•'+ Cf li % 1 oco m4Pc.1*. American Casualty Company of Reading,Pennsylvania SEAL 'c") 4 — Mary A.R ika 's Assistant Secretary Form F6853-5/2009 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding an the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI Execution of Documents Section 3 Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VII—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive,Senior Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Insurance Company may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Insurance Company. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Insurance Company." Ratcliff Constructors Public Right of Way Quantities Site Utilities for Ingle Office Warehouse Ph II in Coppell, Texas. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL WATER 1 8" DR 14 720 LF $ 18.00 $ 12,960.00 2 6"DR 14 Fire Hydrant Lead 40 LF $ 16.00 $ 640.00 3 6"Fire Line Riser into Building(1'above F.F.) 2 EA $ 1,300.00 $ 2,600.00 4 8"DBL.Detector Check/Vault 1 EA $ 9,900.00 $ 9,900.00 5 8" Gate Valve 1 EA $ 1,075.00 $ 1,075.00 6 6" Gate Valve 5 EA $ 765.00 $ 3,825.00 7 8"Fittings 12 EA $ 450.00 $ 5,400.00 8 Standard Fire Hydrant 2 EA $ 2,100.00 $ 4,200.00 9 8"x8"Tapping Sleeve&Valve 1 EA $ 2,800.00 $ 2,800.00 10 8"x6"Tapping Sleeve&Valve 1 EA $ 2,400.00 $ 2,400.00 11 1 1/2"Irrigation Service with 1 1/2" Meter(No Backflow) 1 EA $ 1,900.00 $ 1,900.00 12 1 1/2"Domestic Service with 1" Meter(No Backflow) 2 EA $ 1,700.00 $ 3,400.00 13 Connect to Existing Stubout 1 EA $ 100.00 $ 100.00 14 Relocate/Reuse Existing Fire Hydrant 2 EA $ 900.00 $ 1,800.00 15 Remove/Replace Street Pavement(6'Width) 23 SY $ 75.00 $ 1,725.00 TOTAL $ 54,725.00 SANITARY SEWER 1 4" SDR 35 60 LF $ 20.00 $ 1,200.00 2 Connect to Existing Main(Assume 5'Deep) 2 EA $ 1,500.00 $ 3,000.00 3 Remove/Replace Street Pavement(6'Width) 46 SY $ 75.00 $ 3,450.00 TOTAL $ 7,650.00 STORM SEWER 1 24" Headwall 1 EA $ 1,800.00 $ 1,800.00 2 Rock Rip Rap(Assume Nongrouted) 225 SF $ 8.00 $ 1,800.00 TOTAL $ 3,600.00 MISCELLANEOUS 1 Trench Safety 1 LS $ 700.00 $ 700.00 TOTAL $ 700.00 I TOTAL $ 66,675.001