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Freeport NIP(7.7)-CS 960703 P.O. Box 478 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 July 3, 1996 Mr. Jim McElroy Emerson Partners, Inc. 4516 Lovers Lane, Suite 197 Dallas, Texas 75225 RE: Final Acceptance Creekview Dr. Dear Mr. McElroy: A final inspection of paving and utilities for the referenced project has been confLrmed by representatives of the City of Coppell. The two-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be two years from the date of this letter. Maturity on the Erosion Control Bond will also be two years from the date of this letter. S~mce~~~ _ Construction Inspector cc: Kenneth M. Griffin, P.E., City Engineer Matt Cast, Superintendent of Public Services Greg Jones, Chief Building Official Jeff Jones, Fire Marshal Doug Stevens, Engineering Technician Jimmy Whatley, Austin Bridge & Road Jimmy Henderson, Legend Construction Andre Taylor, Rust Lichliter/lameson file/ldavis/0finalac.ltr PRINCIPAL BONO OFFICE Worldwide American International Companies 70 Pine street Bonding New York, N.Y. 10270 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That AUSTIN BRIDGE & ROAD, INC. , as Principal, and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA , as Surety, are held and firmly bound unto CITY OF COPPELL . as 0bligee. in the full and just sum of FORTY EIGHT THOUSAND, SEVEN HUNDRED FORTY SEVEN AND 70/100 ............. Dollars ($ **48,747.70*** ). for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into a written contract dated March 1, 1996 with the 0bligee for PAVING AND STORM WATER POLLUTION PREVENTION IMPROVEMENTS TO SERVE CREEK VIEW DRIVE IN THE CITY OF COPPELL, TEXAS · and WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) years 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. 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 apparant during the aforesaid period,' then this obligation shall be void; otherwise to remain in full force and effect. Signed. sealed and dated March 1, 1996 ~ ~ Gary D. Atwood THE INSU~NCE COMPANY OF THE STATE OF PENNSYLVANIA (Surety) Bond No. 16-00-54 By Aaorney-~n-F~ 29586 {6~ 83) POWER OF ATTOI~NEY The Insurance Company of the State of Pennsylvania Princip~ ~ ~: 70 Pine Street, New York, N.Y. 102'70 No. 09-B-16803 KNOW ALL MEN BY THESE PRESENTS: That The ln~rnn~ Company of the State of Pe .n~, a Penna'yt~nia corporation, doe~ ber~by appoint ---Dawn Knight, Paul W. Hill, John P. Olason, George Hulscy: of Dallas, Texas--- ils true and lawful Attorn~s)-in-Fact, with full authority to execute on its behalf bonds, un~rtakings, recognizances and other contracts of indem~;ltv and ~,'ntmgs oblilattoty in the nature there4', istmed m thc course of its business, and to hind thc company thereby. Provided, however, that no such instrument cx¢c,.tcd pu~,,aa; to the inner granted hereby Mmll gate, ed the sum of $15,000,000 (IHIaTEEN MILLION AND 00/100 DOLlaRS). IN WITNESS WHEREOF, T~ ,--.ra~-. c~p~y of the Sine of Pennsyi~nia has ex~ut~ th~ p~n~ ~A~ OFN~YO~ } COUN~ OF N~ YO~}~. On t~ ~ ~yof Fcb~a~ ,1~, ~fo~ ~ ~ the a~ ~med o~r of ~e l~umn~ ~ny of the S~te ~ Pennia, to m; ~nally ~ to ~ ~S[PH B. the ~d~d~l and ~r ~ he~m. and acne. ged ~ P~bli~. State c: .tnw York ~, 01'N04652754 ~t he ex~t~ t~ focal ~t~mcnt and afl. cd thc ~1 of ~ In Westches:e; ~uqty ,id m~,tion thegto ~y autho~ of hg omce. ~ ~ Jan. 31, CERTIFICATE Excerpts of Re.solution adopted by thc Board of Directors of The Irtsurance Company of the State of Pennsylvania. on M-,y 18. 19,"6: 'RESOLVED. that the Chairman of the B,3ard. the President. or any Vice President he. and hereby is, authorized to appoint Attornc'.,~-in-Fact to repreae.,u aaJ for and on behalf of thc Company to cxccutc bonds, undertakings, recognizances and other contracts of indemnity and writings obligato~' in the nature therecf, and to attach thereto the corporate seal of the Company, in the transaction of its surety businec, s; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to an: c=~,hcate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or fac~imde seal shall be valid and binding upon the Company when so affixed with respect to any bond. undertaking, recognizance or other contract of indemnity or writing obhgatory in the natu, .: thereof; 'RESOLVED. that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert tn such cemfica;:c.?. date thereof, said date to be not later than the date of deliver, thereof by such Attorney-in-Fact.* I. Elizabeth M. Tuck. Secretary' of The Insurance Company of the State of Pennsy. N~ama. do hereby ce:-hfy that ti~e foregoing excerpts of R:soluu,m adcpt¢.l Board of Directors of this corporation, and the Power of Attorney aS~ued pursuant thereto, are true and correct, and that '~oth the Resolution and .'he P::-~.- Attorney are in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile ~eal of the corporation this 1st o,...: March . i,) 96 ( . h M. Tuck. Sccrctar? THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 70 PINE STREET NEW YORK, NEW YORK 10270 TEXAS NOTICE IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call The Insurance Company of Usted puede llamar al numero de telefono gratis de the State of Pennsylvania's toll-free The Insurance Company of the State of telephone number for information or to Pennsylvania's para information o para someter una make a complaint at: queja al: 1-800-553-6938 1-800-553-6938 You may contact the Texas Department of Insurance to obtain information on Puede comunicarse con el Departamento de Seguros companies, coverages, rights or complaints de Texas para obtener informacion acerca de at: eompanias, eoberturas, dereehos 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 Austin, TX 78714-9104 P.O. Box 149104 Fax # (512) 475-1771 Austin, TX 78714-9104 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your DISPUTAS SOBRE PR1MAS O RECLAMOS: Si premium or about a claim you should tiene una disputa concerniente a su prima o a un contact the agent first. If the dispute is not reclamo, debe comunicarse con el agente primero. resolved, you may contact the Texas Si no se resuelve la disputa, puede entonces Department of Insurance. comunicarse con el departamento (TDI). ATTACHED THIS NOTICE TO YOUR POLICY: This notice is for information UNA ESTE AVISO A SU POLIZA: Este aviso es only and does not become a part or solo paraproposito de informaciony no se convierte condition of the attached document, en parte o condition del documento adjunto. 53594 (5/92) mooucEN THIS CERTIRCATE IS ISSUED AS A MA'I'rER OF INFORMATION BRmsN AMERICAN INSURANCE CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (214) 559-4887 (BIX)) 964-4242 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. ~.~.%c TRAVIS, SUITE 300 COMPANIES AFFORDING COVERAGE DALLAS, TX 7S204-14~ COMPA~'Y A BRmSH AMERICAN INSURANCE COMPANY II~JRED AUSTIN BRIDGE & ROAD, INC. B 11143 GOODNIQHT LANE DALLAS, TEXAS 75229 C D THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE uS'rED BELOW HAVE BEEN ISSUED TO TI-IE INSURED NAMED ABOVE FOR TI-IE POUCY PERIOD INDICATED, NO~NI'fl-ISTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONs OF SUCH POLICIES. UIdlTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A C~En~ UAmUTY CQL-01042N .;i~:: Icu~MsMA~; ~-IOCCt~ I=ERSOIt~.&ADVINJUI~Y $ 1.000.000 __ omits & CONmACTO~ POT ;~ OCCt~GNC; $ 1,000,000 __ ~F~ C)~d~E (~/one r~e) $ 100.000 ~O E~ (~ me per=n) $ 10.000 A __x~rouo~z LL~mLnY CAL-01042N 10/01/85 10/I)1/98 N~' .~rTO C01dBIHED $1HGLE LNiT S 1,000,000 :X ALL OWNED AUT0~ BODLY INJURY X HI~D AUTO~ -- BODLY INJURY ~ ~ ALffOS (F~r ~ident) $ PROPERTY DAMN3E $ __G~IRAGE UABLITY AUTO ONLY - EA ACCtDI~4T S ANY AUTO OTHER 11'L4H AUTO ONLY; "~ ' ::::- ~"" :' __ EACH ACCIDENT S ,n,~GF~GAIE S -~~ FORM AGG/~GA'IE S OIHER R'IAN UMBFIBJ.A FORM S IORKEgl COiIIEN&AI'ION AND W~ STATU- IO~- . El_ EACH ACClDE]~ S 1,l]OQ,,l~,tn THE PRC)~RIETOW ~l INCr. EL DISEASE - POLICY LIIdlT $ PN:~ERS,E~CUTI~ I RE: Plying & St~nn Water Pollution Prevention Impiovc.,jnl~ to Nnm Creek View Drive, Coppell, Tex~ AB&R Job #1853 CITY OF COPPELL mOULD ANY OF I~E ABO~ DE~CRBED POLICIES BE PUBUC WORKS DEPT. E3~KA'r~I DATE I~EREOF, I~IE IB~JINQ COMPANY WILL ENDEAVOR 10 MAIL P.O. BOX 478 _.10__ DAYS WR/I1BI NOTICE 10 THE CB111FICATE HOLDER NAMED TO THE I.~'T, COPPELL, TEXAS 75019-0478 BUT FAILURE TO MAL SUCH NGTICE ~HALL IIIK)SE NO OBUGATION OR UABi. ITY O~ ANY KIND UIK)N 1NE COilP~IIY, ITS AGENTS .f~' REPRESENTAT/VEB. ............... - .~...~---~-~:,x~,~.:.:.:::::::: :: :::: .-::: ::: ::.: :.:: :.: :.,.:: ::: -k.: :.:: ::: :::: :::::: ::: ::>.: ~ g.:.5.:.::-:~::: f.::::..:::::~:.-': ~:-2: :::: :i:.::.:: 8 ~:.:: :.'[::: ::::: ¢: -!: ::: ~::: :::: :::: :i:~: .~:~: :~::: ~:~: :[:~: :::~: :.~ ::: ~:.::: -'.': ::~:: ::: :~:~: :::: ~-'[:: :::::: :?. ~:~: :[: :~:: :i:~:i:i:i:~:!:~:~:i ~!i~i ~i ~~i~ :[:.::-": M3%INTENANCE BOND Bond No. Amount $ 43~4_03.73 Know All Men By These Presents That we, Lelend Construction. Inc. (hereinafter called the Principal), as Principal, and Washington International Insurance Company, Schaumburg, IL, a corporation duly organized under the laws of the State of Arizona, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Coppell, Texas (hereinafter called the Obligee), In the sum of Fourty Three Thousand Four Hundred Three and 73/100 ..... Dollars ($ 43,403.73 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 6th day of June A.D. nineteen hundred and 96 WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated January 4 , 1996 , for Creekview Drive Proposal Coppell, Texas ; and WHEREAS, the said Principal is required to guarantee the Utility Work installed under said contract, against defects in materials or workmanship, which may develop during the period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period _Two years from date of completion - normal wear and tear excepted or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Legend Construction, Inc. principal ,~ WASHINGTON INTER~NAL INS~CE COMPANY ~_~r a~c~y Tu~.~,~t~t o~ney_ in_Fac t WASH/NG TO"' INTERNATIONAL INSURANC,r-'?OMPAN¥ POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint W. LAWRENCE BROWN, TRACY TUCKER, DELBERT TUCKER AND TOBIN TUCKER, EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(s}-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intnts and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $ 2,000,000.00 for any single obligation. This Power of Attomey is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its _a~tl~_~. ~'~'~'~f~cer, this 7th day of December, 1995. ~(-~; ....... oo:~';~.~. Wj~-I~ eTON INTERNATIONAL INSURANCE COMPANY '~. ~-~ % ' ' t ' :: '~ S~ve i.~i~&~derson, Vice President On this 7th day of December:'1 §95, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMON,Y,~W_HEREOF, I have hereunto saY/-cw hand and affixed~ny Official Seal, the day and year first above written. ~ MiCHELLE ~RTON ~ ~//]~,.~/J/_~///i ~ . . . . · · v~ ~'~ ~ N0~ iC. S~,e of ,,,~i, ~ ' e~o~, ~,~,i~ N0~ Public S=te of II,no~s M~chelle How CERT~ My Commission Expires September 7, 1999 STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretaw of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and fu,hermore that Article III, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set fo~h in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated the 6th day of ~u~e , 19 96 . Lewis M. Moeller, Secreta~