Rolling Oaks MC-CS110817 T H E C 1 T Y O F
COPPELL
U '"i\ V- 9
4 S 1 5
August 17, 2011 VIA CERTIFIED MAIL
Larry Frazier
The Fain Group
PO Box 750
Fort Worth TX 76101
RE: Repairs Needed Under Maintenance Bond — SECOND NOTICE
Rolling Oaks Memorial Center
Dear Mr. Frazier:
An inspection of the referenced project has been conducted by representatives of the City of
Coppell prior to the expiration of the two -year Maintenance Bond.
The following items need to be resolved prior to September 10, 2011:
1. There is excessive pavement cracking in the parking lot at the funeral home.
2. Pavement cracking is occurring and pieces of broken concrete need to be repaired in the
pavilion area.
Please notice that your bonding company is copied on this second notice of repairs needed. I
request that you contact me immediately at 972 - 304 -7090 with the date your crew is scheduled to
correct the above listed deficiencies.
Sincerely,��
Rick O'Dell
Construction Inspector
cc: Safeco /General Insurance Company of America, c/o K & S Insurance
Ken Griffin, P.E., Director of Engineering & Public Works
Keith Marvin, P.E., Project Engineer
Glenn Hollowell, P.E., Asst. Director of Public Works
Brad Reid, Director of Parks & Recreation
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.: 6541093
KNOW ALL PERSONS BY THESE PRESENTS, that we, The Fain Group, Inc., as Principal and
Safeco Insurance Company of America, a corporation organized and doing business under and
by virtue of the laws of the State of Washington and duly licensed to conduct surety business in
the State of Texas, as Surety, are held and firmly bound unto City of Coppell as Obligee, in the
sum of TWO MILLION EIGHT HUNDRED TWENTY -NINE THOUSAND FIFTY -EIGHT AND
NO /100 ($2,829,058.00) Dollars, for which payment, will and truly to be made, we bind ourselves,
our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITIONS OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said
Obligee(s) to: Cemetery site development — Rolling Oaks Memorial Center
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of
improvements as described therein for a period of two year(s) following final acceptance of said
improvements: Cemetery site development
NOW THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee
may sustain by reason of any defective materials or workmanship which become apparent during
the period of two year (s) from and after acceptance of said improvements by Obligee, then this
obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the
corporate seal and the name of the said Surety is hereto affixed and attested by its duly
authorized Attorney -in -Fact.
This 10th day of September, 2009.
The Fain G j rpup, Inc.
Principal
By: f
Safeco Insurance Company of America
Surety / Seal
7
Local Recording Agency:
K & S Insurance By: / 'Aar,
P 0 Box 277 Jo ny Moss,f' ttor -y -in -fact
Rockwall, TX 75087
r Safeco Insurance Company of America
• General Insurance Company of America
V..4 Liberty POWER 1001 4th Avenue
r i Mutual:, OF ATTORNEY Seattle, i a 1 0 0 9 8154
No. 9569
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
* * * * * * * * * * * * * * * * * * * * * * * * * ** *RICHARD W. DAIKER; TONY FIERRO; JAY JORDAN; JOHNNY MOSS; Rockwall, Texas;
RICHARD W. DAIKER; TONY FIERRO; RANDALL 5. MCCLELLAND; El Paso, Texas** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
21st March 2009 .
this day of
, c , .
Dexter R. Leqq, Secretary Timothy A. Mikolajewski, Vice President
CERTIFICATE
Extract from the By - Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of- attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By - Laws, the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 1 f:)(41 day of '� . ' —4/.� Y efi
( t? t L X1 A j $5 i' a 153 Dexter R. Legg, Secretary
Of vinio Pe l e
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