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Barnes- CS110406 • THE • CITY • OF COI:TELL * - • -440- q 4 6 . April 6, 2011 Daniel St. Claire Quantum Commercial Construction 820 S. MacArthur Blvd, Suite 105-384 Coppell TX 75019 RE: Barnes at Riverview Addition Final Acceptance Dear Mr. St. Claire: 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. The maintenance bonds will expire on March 31, 2013. A follow-up inspection of the facilities will be conducted prior to the lapse of the two-year bond period. If any punch list items are noted at that time,you will be contacted to make repairs. Thanks for your cooperation during the course of this project. Sincerely, Rick O'Dell Construction Inspector Office Phone: (972) 304-7090 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 ChieflPrevention Ray Bob Barnes, Owner/Developer A FAMILY COMMUNITY FOR A LIFETIME 255 PARKWAY * P.O. BOX 9475 * COPPELL TX 75019 * TEL 972/462 0022 * WWW.COPPELLTX GOV 1 r a MAINTENANCE BOND ;ate arm STATE OF TEXAS } Bond#4379533 COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Metro-Plex Underground LP.,PO Box 129,Lewisville,TX 75067 as Principal, and Suretec Insurance Company , a corporation organized under the laws of Texas , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell w , a Municipal Corporation, Texas, the sum of Twenty One Thousand Six Hundred Forty Four Dollars and 00 Cents ($ 21,644.00 ) , for the payment of which sum will and truly he made unto said City of Coppell 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 Metro-Plex Underground,LP has this day entered into a written contract with the said Mr. Ray Barnes to build and construct The Barnes @ Riverview, 1515 E.Sandy Lake Road,Coppell,TX 75019 which contract and the plans and specifications therein mentioned, adopted by the City of Coppell 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 1of2 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 shall have and receive from the said Contractor and its' principal andsureties 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 Metro-Plex Underground,LP has caused these presents to be executed by and the said Suretec Insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Ginger Hoke , has hereunto set his hand, the 3rd day of March , 20 11 PRINCIPAL SURETY Metro-Plex Underground,LP Suretec Insurance Company ' • 4\crc_ _ ..., y Py: �►t• Al Title: / Title: Ginger Hoke,Attorney-In-Fact WITNESS: ATTEST: 910 1401,, NOTE: Date of Maintenance Bond truest not be prior to date of Contract. Maintenance Band Page 2of2 POA#: 4221067 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint William W.George,William D.Birdsong,Ginger Hoke its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety,providing the bond penalty does not exceed Five Million Dollars and no/100($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April. 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 28th day of October,A.D.2008. SURETEC INS CE COMPANY s-•4 By M u, -,n B.J.Ki 'resident State of Texas ss: �' County of Harris .. On this 28h day of October,2008 before me personally came BJ.King,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument; that he knows the seal of 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 be signed his name thereto by like order. Michelle Denny ,. r Publo :` NotaryState of Texas AI -0/104 rX:in " Expires Await V.2012 Michelle Denny,Notary Piuibblic My commission expires August 27,2012 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this day of v ,20 /1 ,A.D. Ii .4, A, M.Brent Beaty,Assts ant Secretary Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5;00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 METRO-PLEX UNDERGROUND PROJECT: Barnes at Riverview 2/11/2011 CuppmU, TX EXHIBIT"A," Public Sanitary Sewer ITEM DESCRIPTION QUANTITY UNIT UNIT BID TOTAL BID 1 10" SDR-35 PVC 14 LF $28.00 $384.00 2 8" SDR-35 PVC 156 LF $24.00 $3.744D0 3 O" SDR-35 PVC 10 LF $21.00 $210.00 4 4' Diam. Sewer manhole ' 1 EA $5.958.00 $5.956.00 5 Trench safety 170 LF $1.00 $170.00 6 Connect to existing 1 EA $900.00 $900.00 _____________-- $11.344O0 Public Water ITEM DESCRIPTION QUANTITY UNIT UNIT BID TOTAL BID 1 O" DR-14 PVC 60 LF S29.00 $1.740.00 2 12" x 6" Tapping sleeve 1 EA $3.500.00 $3.500.00 3 8" Valve and box 1 EA $1.000.00 $1,000.00 4 1" Services 4 EA $1'100.00 $4.400.00 5 8" 45 Deg. Bends 1 LS $860.00 $860.00 6 3'' Sleeves 560 LF $3.00 S1.600.00 7 Remove and replace sidewalk 78 SF $24.00 $1.872.00 8 2" Wet tap and service 1 EA $2.900.00 $2.900.00 9 5' Bury fire hydrant 1 EA $3.000.00 $3'000.00 10 6" 90 Deg bend 1 EA $400.00 $400.00 11 Connect to existing 1 EA $1.200.00 $1.200.00 12 Trench safety 60 LF $1.00 $80.00 $22,612.00 Public Storm ITEM DESCRIPTION QUANTITY UNIT UNIT BID TOTAL BID 1 24" Class ||| RCP 16 LF $48.00 $768.00 2 10' Curb inlet 1 EA $3.732.00 $3.732.00 3 Remove existing headwall & 2 pipes 1 EA $1.400.00 $1.400.00 4 Connect to existing 1 EA $1,200.00 $1.200.00 5 Trench safety 16 LF $2.00 $32.00 PAGE 1 OF 1 $7,132.00 TOTAL PUBLIC UTILITIES Total Public Paving 41,088.00 ITEM DESCRIPTION QUANTITY UNIT UNIT BID TOTAL BID 1 Driveway approach 1 EA $2,200.00 $2,200.00