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Freeport NIP(5.2)-CS 971217 F %N S FUND INSURANCE COMPANY T"~. ^MER!CAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATEO INDEMNITY CORPORATION AMERICAN AUTOMOBILE 'N$URANCE COMPANY HOME OFFICE SAN FRANCISCO. CALIFORNIA Bond No. 11141570] 24 KNOW ALL MEN BY THESE PRESENTS: That, McFadden & Miller, Inc. P.O. Box 59882, Dallas, Texas 75229 , as Princtpa!. cn-d Associated Indemnity Corporation . a corporation organized under the [av,,s c! t?.e Sta~e o,; California ~-4 authorized to do a surety business in :he Sta~,e of Texas Cs Sure~y. are held and -':i.-mly bound unto the City of Coppell in the sum of Six Thousand, Seven Hundred Fifty and no/i00 Dollars ($ 6,750.00 ), lawful money of :he United States of America, for the payment o! which sum well and truly to be made. we bind ourselves, our heirs, executors, administrators, successors end assigns, jointly and severally, firmly by these presents: SEALED w~...h cur seals and dated :his_lIth day of December, 1997 WHEREAS, on the the said Mcfadden & Miller, Inc. as COr.:ractor, entered :n:o = contract for Three Driveway Approaches at 445 South Royal Lane, Coppell, Texas 75019 for :he sum of Thirteen Thousand, Five Hundred and no/100 Dollars ($ 13,500.00;,'. a~.d, WHEREAS, under the terms o! ',kc specifications lo: said work, the sai~t Mcfadden & Miller, Inc. is required to give a bond for Six Thousand, Seven Hundred Fifty and no/100 Dollars' ($ 6,750.00 ), to protect the City of Coppell ~n against the result cf faulty materials or workmansh:p fcr a period of ~year from and after the date of the completion and acceptance of same, .,~~XXXXXXXXXXXXXXXXXXXXXXXXXXXX×XXX NOW, THEREFORE, ii the said Mcfadden & Miller, Inc. ~hall for a period oral'year from and after the date ot the completion and accep.~ance of same by said City Of Coppell replace any and all defects ar!sing in said work whether resuhing ,'rom defective materials or defective workmanship, then the above obligation to be void; o:herw:se to remain in iull !orce .~nd effect. n & Tle~-'~nc' ~ ASSOCIATED INDRMNITY CORPORATION Rosemary Weave~, Attorney-in-Fact 360027--4-66 GENERAL POWER OF A'rTOR.~EY ASSOCIATED INDEMNITY CORPOIL&TION KNOV¢ ALL MEN Bt' THESE PRESENTS: That ASSOCIATED INDEMNITY CORPORATION, a Corporation du!y organized and existing under the :aws of .'.he State of California, and having i:s prin:!~a! office in the County of Marin. State of Califorma. has made. constituted and appointed, and does by these presents make. constitute and appoint JOE'5 R. STOCKTON, ROSEMARY ?:EAVER, joi~.tlv or several!,..' ~.~._ ~ AS TX its tt'ue and lawful Attorney(s}-in-Fac:. wi:h f'.:'ll po~, er and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deli,, er any and a2. bonds, undeaaking, recognizances or other written obi;ga:ion., :n the nature thereof and :o bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Co.~o.-ation and duly attes:ed b.~ its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fac~ may do in the premises. ThJs ~o',~ er of attorney is granted I~ursuant .:o Artic:e VII. Sections 4.< and 46 of By-laws of ASSOCIATED INDEMNITY CO RPORAT1ON nog' in full force and effe~:. ".Article VII. Appointment sod.4utboHt.v o! Res;aleut Secretaries, .4ttoruey-iu-Fsct cud Agents to accept Legal Process and 34ake .4ppear~t~ces. Section 45. Appointment. The Chairman of the Board of Directors, the Pr~ident, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President may, from time to time, appoint Resident Assistant _~cretaries and At~orne.~s-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46..4utbotit.~; The authority of such Resident Assistant Secretaries, Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board o! Directors or by any person empowered to make such appoinlmenl:' Tt,Js ~o'.~er of attorney is signed and sea,ed under and by the authomy of the following Resolution adopted by the Board of Directors of ASSOCIATED INDEMNITY CORPORATION a: a meeting guly called and held on the 13th day of Aprit, 1984. and said Resolution has not been amended or repealed: "RESOLVED, :hat :he signature of any Vice-Pres~dent. Assistant Secreta~', and Resident Assistant Secreta~' of -'.his Corporation. and the seal of :his Corporation may be a ffi.xed or printed on an:' pov,'er of attorney, on any revocation of any power of attorney, or on any cer-:ifica:e relating thereto. F.y Facsimile. and an:.' power of attorney', any re, ocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Co~oration:' IN WITN. 'ESS WHEREOF, ASSOCIATED INDEMNITY CORPORATION has caused :hese presents to be signed by its Vice-President, and its corporate seal :o be hereunto afFtxed this o7,-N dayof -~,.o,,qt- ,19 97. ASSOCIAT£D INDEMNITY CORPORATION ...-. By STATE OF CALIFORNIA COL'NW', Y OF ,M.-~R IN "7th Auzu s- 9 7 M.A. Mallonee On ttus - day of o . 19 __, before me personally cae to me known, who, being by me ~u!y sworn, did depose and say: that he is Vice-President of ASSOCIATED INDEMNITY CORPORATION, the Corporation. described in and which executed the above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so aff'~ed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto se: my hand and affixed my official seal, the day and year herein first above written.  A. KRIEGER "~ ~ '~ ~ '-" "~ '.--- -'-." ~ ~ v "~ CERTIYlCATE STATE OF CALIFORNIA ~ ss. COUNTY OF MARIN I, the undersigned. Resident Assistant Secretary' of ASSOCIATED INDEMNITY CORPORATION, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article VII, Sections 4.~ and a6 of · e By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Sigmed and sealed at the County of Marin. Datedthe J/~l dayof ~ ~-~-~~- .19 ~ ~ . ? ~:.-'.':' ~'~" ::~.5 3~0711 -AS-3-95 I[~)~q~ NO~IC£ TO OBTAIN TNFORI4AI'~ON OR HAKE A CQI4)LAINT~ YOU HAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN ZNFORMAI~ON ON COI4)ANTKS: COVERAGES, RIGHTS OR COI4)LAINTS AT.' 1-800-252-3439 YOU HAY kJRITE THE TEXAS DEPARTHENT OF [NSU~_'~:~ P. 0. Box 149104 Aus~-zN, TX 78714-9104 FAX t(512) 475-1771 PREMI~ OR CLAIM DISPOTES: SHOULD YOU HAVE A DISPUTE CONCERNING 'YOUR PRE]4ZUH OR ABOUT A CLAXH YOU SHOULD CONTACT -.*~.~_~ AGENT OR COI4)ANY F/RST. IF THE DZSPUTE TS HOT RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTt4EN? OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THT$ NOI-~CE TS FOR XNFORHAT/ON ONLY AI~ DOES BECOHE A PART OR CO)DIllON OF THE AI-TACflE1) MAINTENANCE BOND Bond No. TX531025 KNOW ALL MEN BY THESE PRESENTS, that we, PATCO UTILITIES, INC., as Principal, and MERCHANTS BONDING COMPANY (MUTUAL) a Corporation organized under the laws of the State of IOWA and duly authorized to do business in the State of TEXAS as Surety, are held and firmly bound unto CITY OF COPPELL, P. O. BOX 478, COPPELL, TX, as Obligee, in the penal sum of FORTY-NINE THOUSAND, FIVE HUNDRED FORTY-SlX AND NOI100 ($49,546.00) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. WHEREAS, the said Principal has caused to be constructed: WATER, SEWER AND DRAINAGE IMPROVEMENTS TO SERVE FREEPORT Ili~ ROYAL & GATE VIEW, COPPELL, TEXAS WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of TWO (2) years(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 the ~ day of ,19m. 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) years(s) from and after final acceptance by Owner then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 9TH day of DECEMBER, 1997. PATCO UTILITIES, INC. ~ PATTERSON, PRESIDENT MERCH ~,N~/.~ BONDING CC!MPANY (MUTUAL) SHERYL A. KLUSTS, ATTORNEY-IN-FAC? -:chants Bonding Comt-.ny (MUTUAL) POWER OF ATTORNEY Know All Men By These Presenls, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa. hath made, constituted and appointed, and does by these presents make, constitute and appoint John A. Miller, Sheryl A. Klutts, John A. Miller, II, or K. R. Harvey of Fort l~orth and State of T~s its true and lawful Affomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount o1: TWO MILLION ($2,000,000.00) Dollars and to bind Ihe MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANT'S BONDING COMPANY (MUTUAL), and all such acts of said Attorney-~n-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II, SECTION 8. - The Chairman of the Board or President or any Vice President or Secrelary shall have power and author- ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf o! the Company. and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts o! indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. - The signature of any authorized off*mcr and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has cau,s, ed thes~ presents to be signe,q[~y its President and its corporate seal to be hereto affixed, this 18th day of november .19'] . .. ,,~,:.. 1933 .:~.~ By · ......... COUNTY OF POLK ss On this ].81:]:1 day of November ,19 97 , before me appeared Larry Taylor. to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal alfixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf o! said Corporation by authority of ,ts Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Mo,nes. Iowa. the day and year first above wdtten. · ~ '. ~. · Notary PuDItc. Polk County. Iowa · : IOWA : · .. ,~ ~ My Commission %. o~'. ....... .~ ~,~' .: Expires 2-19-98 STATE OF IOWA COUNTY OF POLK ss I. William Warner. Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy o! the POWER-OF-ATTORNEY. executed by sa~d MERCHANTS BONDING COMPANY (MUTUAL). which is stdl in force and effect. In Witnes~'~/Vhereof, I ha~ hereunto set my hand and~ff_ixed the Seal of the Company on t h,s //~"_/ day (~--V~.//~ ,~ _ · :~:~ ~ ,,,. . e~ Mec o~ :~.., 1933 .. ~.. · ~;.. ..'~.. · ........ IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the company's toll-free telephone number Usted puede Ilarnar al numero de telefono gratis de la for Information or to make a complaint at companla para Informaclon o para someter una queJa al You may contact the Texas Department of Insurance to Puede comunicarse con al Departamento de Seguros de obtain information on companies, coverages, rights or Texas para obtener informacion acerca de companias, 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 Departamento 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 PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene dispute concerning your premium or about a claim you una disputa concerniente a su prima o a un reclamo, should contact the agent or the company first. If the debe comunicarse con el agente o la compania pdmero. dispute is not resolved, you may contact the Texas Si no se resuelve la disputa, puede entonces Department of Insurance. comunicarse con el Departamento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POECY: This notice UNA ESTE AVlSO A SU POLIZA: Este aviso es solo is for information only and does not become a part or para proposito de Inforrnacion y no se convlerte en parte condition of the attached document, o condicion del documento adjunto. Prescribed by theStateBoard of Insurance Ordenado por el consejo Estatal de Directures de Effective May 1, 1992 Seguros, Effectivo el 1 de Mayo 1992 PATCO UTILITIES, INC. 1617 w. Pioneer Parkway Grand Prairie, Texas 75051 (972) 64 !-7901 DECEMBER 11, 1997 MCFADDEN & MILLER P.O. BOX 59882 DALLAS, TX 75229 % MARK JACOBSON FREEPORT III ROYAL & GATE VIEW COPPELL, TX PUBLIC IMPROVEMENTS DRAINAGE- PUBLIC 1. 2 EA TIE TO RCP 625.00 1250.00 2. 25 LF 48" RCP CLASS III 83.90 2097.50 3. 25 LF 36" RCP CLASS III 52.50 1312.50 4. 70 CY SAND BACKFILL 10.00 700.00 5. 550 SF R/R PAVEMENT 7.65 4207.50 6. 1 LS TRAFFIC CONTROL 350.00 350.00 9917.50 WATER - PUBLIC 1. 1 EA TIE TO EXISTING 250.00 250.00 2. 835 LF 12" PVC WATER 19.80 16533.00 3. 1030 LF 8" PVC WATER 14.50 14935.00 4. 660 LF 6" PVC WATER 11.10 1990.00 5. 2 EA 12" GATE VALVE 995.00 1990.00 6. 3 EA 8" GATE VALVE 495.00 1485.00 7. 7 EA 6" GATE VALVE 395.00 2765.00 8. 8 EA STD FIRE HYDRANT 1130.00 9040.00 9. 1.75 TON CI FITTINGS / BLOCKERS 2750.00 4812.50 10. 1 EA 12 X 6 TAP 1980.00 1980.00 11. 2 EA 12 X 8 TAP 2250.00 4500.00 12. 2 EA 12 X2 TAP 750.00 1500.00 13. 45 LF BORE FOR WATER 95.00 4275.00 14. 2 EA 2" SERVICE ASSEMBLIES / LESS METER 500.00 1000.00 15. 2 EA DCVA ASSEMBLIES 950.00 1900.00 16. 4 EA METER BOXES 150.00 600.00 17. 1 EA RELOCATE FIRE HYDRANT 500.00 500.00 18. 1 LS TRAFFIC CONTROL 150.00 150.00 19. 3 EA TEST WATER 250.00 750.00 76291.50 SEWER - PUBLIC 1. 2 EA CONNECT TO EXISTING 250.00 500.00 2. 57 LF 6" PVC SEWER 19.00 1083.00 3. 55 LF 8" PVC SEWER 20.00 1100.00 4. 2 EA STD WASTE WATER ACCESS DEVISE 750.00 1500.00 5. 90 LF BORE FOR SEWER 95.00 8550.00 6. 1 LS TRAFFIC CONTROL 150.00 150.00 12883.00 TOTAL 99,092.00