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Riverchase (6.2)-CS 971204MAINTENANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford. Connecticut 06183 60N0 NO. 71 SB 1 01 1 51 801 BCM KNOW ALL MEN BY THESE PRESENTS: That TRI DAL, LTD., 540 COMMERCE ST., SOUTHLAKE, TX 76092 as Principal, hereinafter called Contractor, and TRAVELERS CASUAL T Y AND SURD T Y COMPANY OF AMERICA, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF COPPELL as Obligee, hereinafter called Owner, in the penal sum of S5 , 1 2 5 . 0 0 ,for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated June 2 5 , 1 9 9 7 entered into a contract with ~asa~x SPRING VALLEY CONSTRUCTION COMPANY , for: PUBLIC WATER AND SEWER FOR GRAND CAR WASH S.E. CORNER OF MACARTHUR & RIVERCHASE, COPPELL, TEXAS in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of two (2) year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 25th day of November, 1 997 TRI DAL, LTD. (Seal) Principal i :i:~ A~slderu o/Genero! Ptrrtner, Trt Dal F.xicauatton & UtUiHes- !nc Title TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ~AULINE L . LEECH Attorney-in-Fact S-2326-1 (07-97) IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. 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 agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint Pauline L. Lesch, Clem F. Lesch, Gary Matula or Steven J. Zinecker of, Lewisville, TX, its true and lawful Attomeys)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto not exceeding the sum of TEN MILLION ($10,000,000.00) DOLLARS per bond " and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attomeys-in- Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resides; Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resides: Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact pursuant to the power prescribed in his or thei' certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, which Resolution is now in full force and effect: VOTED: That the signature of each of the following- officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid anc binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (over) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Senior Vice President, and its corporate seal to be hereto affixed this 1st day of July, 1997. ~ y ~,wo su~F~~c~ STATE OF CONNECTICUT } ss. Hartford ~+ HARTFORD, i s CONN. ~ COUNTY OF HARTFORD "~,~ ,~ Ohl V~~, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By George W. Thompson Senior Vice President On this 1st day of July, 1997, before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. ~~,.TET~ ~fl t+ ~11EL10~ CERTIFICATE rr`wv:R. c ~.-Tnenasl.~- My commission expires June 30, 2001 Notary Public Marie C. Tetreault I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 25th day of November , 19 97. °~ HARTFORD, W CONN. ~ By: 'W~~ ,,~' Rose Gonsoulin bf • ~~~ Assistant Secretary 5-2435 (7-95) Bond No. 141711 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete Co., Inc. (hereinafter called the "Principal"), as Principal, and the Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut and duly licensed to transact business in the State of Texas (hereinafter called the Surety"), as Surety, are held and firmly bound unto the City of Coppell, Texas (hereinafter called the "Obligee"), in the sum of Three Thousand Nine Hundred Twenty Five and no/100 Dollars ($3,925.00) for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED and sealed this 2nd day of December, 1997. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the said Principal has heretofore entered into a contract with Spring Valley Construction dated July 2, 1997 for drives, approaches and city walks for Grand Carwash, 720 S. MacArthur, Coppell, TX. WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said Principal for a period of two (2) years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnity and save harmless the Obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the Surety under this bond shall in no event exceed the sum Three Thousand Nine Hundred Twenty Five and no/100 Dollars ($3,925.00). No right of action shall occur upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the Obligee herein named. POT ~R CONCRETE CO., INC. BY~ ~~ HARTFORD FIRE I URANCE COMPANY By: p~ ~ ., Michele Degnon, Attorne -in-Fact ONCRETE O., INC. Concrete Contractors December 4, 1997 Mr. Garreth Campbell City of Coppell Engineering Department P.O. BOX 478 Coppell, Texas 75019 RE: GRAND CAR WASH Dear Garreth: Please find listed below the value of the public work at the above referenced project. DRIVE APPROACHES $ 3,200.00 CITY WALKS $ 4.650.00 TOTAL $ 7,850.00 Please find Maintenance Bond for 50o value of work for two years. Sincerely, TTgR ON TB CO., INC. Joe Muirhead Project Manager JM/sd ``® CENEi,~! c s~~C~ f l /11~r /~l~\~\~\'~\\ Si ~F A MEA~~~' 4820 Gretna Dallas, Texas 75207 Office 214-630-2191 FAX 214-689-1066 Golden Trowel Award Winner {~.4RTFORD F{RE {NSURANCE COMPL"~'Y Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint CHARLES D. SAMMONS, TOM P. ELLIS, Ill, MICHELE DEGNON and PATRICKDESSAUER of DALLAS, TEXAS its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomeys)-in-Fact may do in pursuance hereof. This power of attomey is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE IV SECTION 8. The President or any Vice-President, ailing with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice Presidents, Resident Assistant Secretaries and Attomeys-in-Fad and at any time to remove any such Resident Vice-President, Resident Assistant Secretary, or Attomey-in-Fad, and revoke the power and authority given to him. SECTION 11. Attomeys-in-Fad shall have power and authority, subject to the terms and limitations of the power of attomey issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fad shall be as binding upon the Company as 'd signed by an Exewtive Officer and sealed and attested by one other of such Officers. This power of attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of February, 1993. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attomey or to any certificate relating thereto by facsimile, and arty such power of attomey or certficate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so exewted and certified by facsimile signatures and facsimile seal shall be valid acrd binding upon ttre Company in the future with respeC to any bond or undertaking to which it is attached. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has qused these presents to Ge signed by its Vice- President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of May, 1995. Attest~~ -~~~Z~GI~IL'Zl~~ ~t Richard R. Flsrnraneon ~'' s~eatw,r =.~ ~; STATE OF CONNECTICUT ) '~ COUNTY OF HARTFORD Jy ~ HARTFORD FlRE INSURANCE COMPANY /~,~~~~ Paul L. Marabella Vice-President On this 1st day of May, A.D. 1995, before me personally came Paul L. Marabella, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that ft was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. + N. MOd STATE OF CONNECTICUT ''N~'~~" ~ ~ ? ~ ~ u/ ~ ~ e~/e Jean H. Wozrrek COUNTY OF HARTFORD Notary iLbbc Nly Commission Exphes June 30, 1999 CERTIFICATE I, the undersigned, Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 2nd day of December 1s 97. i~u ~ ,~' ~~ / n - RobeA L. Post Secretary Form 5-3507-9 (HF) Printed in U.S.A