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121 BP Phase 1-CS000829 Copp¢. Texas 75019 The City With A Beautiful Future 972-462-0022 P O. BOX 478 CQPPELL, TEXAS 75019 August 29, 2000 Pat Acker, P.E. Halff Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 RE: 121 Business Park and Northwest Drive Final Acceptance Dear Mr. Acker: A final inspection of paving and utilities for the referenced project has been confirmed 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. i~~t,64.j,..,~Cons~Ct iofi Inspector ' cc: Mike Martin, Assistant City Engineer Debi Ingrain, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal Eric Burns, TIG (fax 972-661-0235) Brian Holgate, Bear Creek Const. (fax 972406-9010) Richard Lacey, Pavecon (fax 972-263-6551) T.E. Klie, Westcliffe (fax 972-503-9143) STAT~ OF 'I'IDiAS } COUNTY OF DALL&S } BOND #B2956776' KNOW ALL M~N BY THE~EPRESENTS: THAT Bear Creek Construction, Ltd.._ Reliance National Indemnity Company , a ~~of ., PA _ __ , ~~, do h~y ~ly ~wl~ge ~lvm ~ ~ ~M Fo~y S2x Thousand w~] add t~ly be made unto ~d City of Coppell , a~d ~ stk:ce~0rs, sam pri~.ip-~ and su~ies do h,n~by bind them_~elves, tbei~ assi~ mud Succcaso~s joiatiy aud severally. THIS obligation is conditioned; however, that whereas, the said Bear Creek Construction, Ltd has this day enr~ed into a ~eu ¢om~ct ~th the said to build a~4 coasumct wh~h comrm~ aad ~e plsm and spe~cafion~ ~e~ reckoned, adopmd by ~e are hereby expee_x_,ly made a part thereof as thro,,~d, the same were written and embodied herein. wmm~.atS, unde~ the plans, specifications, and corm'act, it is provided that the Contractor will matu~,in and keep in Rood repair, the work lm~ein contracted to be done and pe~furmed, for a period of two (2) years from the date of the acceptanc~ of said work, and to do all necessary repairs and/or reconstruction in whole m in part of said improvements that should be or. easioned by settlement of foundation, de(__ectkve workmamhip or materials furnished in the comtruction or any part thereof or ~ny of the accessories thereto cons~ruc~cl by the Conlxactor. It being understood that the purpose of ,hi~ section is to cover all defective couditiom arising by reason of defective material and charge the ,nm~ agaimm the said Conlractor. and sureties on this obligation, and Ibc s~d Cout, actot 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 Mdi~ten~e Pa~e I o~'2 provisions of said conu'act. Now, therefore, if the said Contractor shall keep and pe~orm its' said agreement to maintain ssid work sod k~ep ~ same ia rep~, for %he said ~ period of tWo (2)' yesrs, as provided, t~en thee presems shall be null and void. amd have not furrier eff~"~, but if default shall be made by ,h,, said Contractor in the performance of its' contract to so ~ and repair said work, then ~ presents shall have full force and effect, and said Ci_t¥ of Commell ~ have ~nd receive from the said Contractor and its' principnl ~md swedes damages in-the premises, as provided; n._d it is ftulh~ n~r~ that this obligation shall be s contiv,,i-.= one against the principal and sureties, hetean, and that successive recoveries rosy be and had hereon for successive branc~s umi! the frail amount shall have been and it is f~her und~ti~d that the obligation herein to mainlaln said work ~ ~nfinue manner m~ected f~om any c~.se durin/said time. ]lq %~ ~]~O[~, th~ ~ Bear Creek Construction, Ltd.has cm~d th~S¢ ~ ~ ~ ex~ ~ City of CoDDell ~ ~ $~d Bear Creek ConstrDction, ~d~ ~ ~ ~ p~ tO ~ ex~ by i~ A~mey ~ ~ ~ ~e sa~ A~m~ ~ Dennis H. Moore , ~ ~m ~t ~ ~, ~ ~y of ., Bear Creek Construction, Ltd. ~-t~ ~ional Indemnity Company //ne ~ ----~ennis H. Moor~ "- Title:_ M_ember of ral Partner ~tle: Attorney-in-Fact Gretchen Dorman .~0~: Da~e oj' Ad~mte.~mce Bond nm~t ~m be p~r to daze ~ Conr~. ~age 2 Of 2 s T¥ ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the lawe of the State of Del* aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, ere corporations duly organized under the Iswe of the Commonwealth of Pennsylvania end that RELIANCE NATIONAL iNDEMNITY COMPANY ia · corporation duly organized under the lewe of the State of Wisconsin (herein collectively called "the Companies") and that the Companiee by v~rtue of signature and seals do hereby make. constitute and appoint Dermic H. Moore. Debby Moore. Koran Kubicl., of Plane. TeXll their true and lawful Attornev(e)-imFact, to make. execute, seat and deliver for and on their behalf, and es their act and deed any end all honda end undertakings of suraWehip and to bind the Corn[Denies thereby aa fully and to the same extent aa if such bonde and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companiee and sealed and attested by one other of such officere, end hereby ratifies and confirms all that their said Attorney(si-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC iNSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONOS AND UNOERTAKINGS IN WITNESS WHEREOF, 1998. the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February STATE OF Pennsylvania } COUNTY OF Philadelphia } ss. RELLa, NCE SURETY COMPANY RELIANCE INSUR.4~CE COMPANY UNITED PAC[~:IC INS~CE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, February 5. 1998, before me. Valencia Wortham. personally appeared Oevid T. Akerl, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Coml0an¥, and Reliance National Indemnity Company and that as such. being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. ;~or~rl>3t Seal Ph~lad~ip~Ja J:) hiiadelpJ~ia My Commission Expires NOv. 18, 2000 e I, Anita Zipper~, Secretary of RELIANCE SURETY COMPANY, RELIANCE iNSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Coml3anies. which ia still in full force and effect. ~ .~co.??~e.%.~. Secretary Notary Public in and for the State of Pennsylvania Residing at Philadelphia Bond #929138238 CNA INSURANCE COMPANIES MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we Pavecon, Inc. as Principal, and Continental Casualty Company and firmly bound unto C!ty of Coppell , es Surety, are held as Obliges, in the penal sum of Seven~-Three Thousand Two Hundred Fif~_ and Nh/Inn ($ 73,250.00 ) 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. The Industrial Group WHEREAS, the said Principal entered into a contract with the . dated 1999 for pavement of Northwestern Drive. WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of two year(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 day of March 2_..0~. t 5th NOW, THEREFORE, THE CONDITION OF THIS OI~LIGATION IS SUCH lhat, If the Principal shall indemnity the Obliges for all loss that the Obligee may sustain ~)y reason of any defective materials or workmanship which become apparent during the period o! two year(s) from and after May4, 2000 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED May 4, 2000 ~ Princi by ~' ~ ,., v - ~ (L.S.) Conti. j~ental Casua~ Corj~lany Surety: - Becky L. B~um ATtorney-in-fact Form G-23210-B CNA POWER OF ATTGnNEY APPOINTING INDIVIDUAL A, I'ORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FiRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a PennsyNania corporation (herein collectively called 'the CCC Surety Companies'), are duly organized and exis~ng corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, const~uts and appoint William B. Cadenhead, Jack E. Shreffier, Michael D. Hendrickscn, Beck;/L. Branum, Carrie Shreffier, Individuall;/ of Hurst Texas their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, underl~kings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such ins~'uments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby retified and confirmed. This Power of Attorney is made and executed pursuant to and by au~ority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 5th day of Januar~ 2000 e NAT]ONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 5th day of Januar7 , 2000 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said ins13~nent are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like au~ority, and acknowledges same to be the act and deed of said corporations. = ' OF~3CIAL SEAL' ~* DIANE FAUI.KNER My Commission Expires SeFtamber 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. E~ikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set for~ is s~ll in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In. testimony whereof I have hereunto subscribed my name and affixed the seals of the · oorporations this day of , CONTINENTAL CASUALTY COMPANY Mary A. Ribikawskis Assistant Secretary (Rev. 10/1/97) LUMBERMENS MUTUAL CASUALTY COMPANY AMERICAN MOTORISTS INSURANCE COMPANY AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY insulrance I:D~IE~ LICENSE AND PERMIT BOND 8ondNo. 3SE929282 Know all men by these presents, that Westcliffe, Inc, 2001 Midway Rd. # 144 , Carrollton, T~y~s 75006 (Name and Address) as Principal and The Undersigned Surety, are held and firmly bound unto ci ~y nf ~npp~] l , as Obligee, in the Dollars ($ 2,500.00 ) I~awfenalsumof Twenty five hundred & no/100 ul money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has applied to the Obligee for a license as a (or permit for). Pav~nq Now, therefore, the condition of this obligation is such, that if said Principal shall faithfully perform the duties of such licensee or permitee, ancl in all things comply with the ordinances, rules and regu- lations appertaining thereto, then this obligation shall be void, otherwise to remain in full force and effect, until MArch 15 ,gg. 2001 This bond may be terminated at any time by the Surety upon sending notlce in writin~ by certifed mail, to the clerk of the municipality with whom this bond is filed and at the expiration of thirty (30) days from the mailing of said notice, the liability of such Surety is thereby terminated and cancelled; and provided further, that nothing herein shall affect any right or liability which shall have accrued under this bond prior to the date of such termination. SIGNED, sealed and dated this Countersign~d~ Resident Agent 15th day of March .. ~gi_2_O.OD. Principal: Surety:American Manufacturers Mutual Insuranc( Na~:)f Company/~.~ Company Attome~in-Fact q~ndi Janssen Important: Accounting Information Producer Name. Leick, Johnson & Knight Address P.O. Box 516309.Dallas. Tx 75251 Producer Code. 17- 0898 Send one copy of the bond to your supervising office on the same day executed. AFFIX CORPORATE SEAL HERE FK 0735 (Ed. 06 93) Printed in U.S.~. i "empr - ' Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know Ail Men By These Presents: That the Lumbermens Mutual Casualty Company. the 4medcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Byron E. Johnson, Barbara Ochoa, Lesa Fernandez, Lynn Dock, ins and Cyndi Janssen of Dallas, Texas (EACH) their t~ue and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver dudng the pedod beginning with .the date of issuance of this power and ending on the date spedfied below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds 'rwo HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) EXCEPTION: NO AUTHORITY is granied to make, execute, seal and deliver any bond or undertaking which guarantees, the payment or c~llection of any promissory note, check, draft o¢ letter of crediL This authority doe.~: not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appoinl~nent may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and ac~nowtedged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CF_ASE AND TERMINATE 1NITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 atChicago, Illinois. true and accurate copies of which are hereinafter set forth and are hereby ce~fied to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, o~' any Vice President, or their appointees designated .~q writing and flied with the Secretary. or the Seorefa~ shall have the power and auth~ to appoint agents and attorneys-in-fact, and to authorize them to execute on -' behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attcmey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company. and ce~flcations by the Secretary. may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and cerlJfied with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.' In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this November 5. 1999. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company Amedcsn Manufacturers Mutual Insurance Company Robert P. Hames, Secretary by J.S. Kemper, Ill, Exec. Vice Presiden[