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Park West CC(17)-CS010119January 19, 2001 Jimmy Laxon McFadden & Miller, Inc. P.O. Box 59882 Dallas, Texas 75229 Final Acceptance Dear Mr. Laxon: 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 fi.om the date of this letter. Maturity on the Erosion Control Bond will also be two years fi.om the date of this letter. Lfirr~Da is Construe ion Inspector cc: John Skinner, Barson Utilities (fax 214-941-8533) David Littleton, Halff Assoc. (fax 214-739-0095) Jerome Baldwin, Potter Concrete (fax 214-689-1066) Mike Martin, Assistant City Engineer Debi Ingram, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal 255 PARKWAY litP O BOX 478 ~ COPPP'I-L TX 75019 ~ TEL 972/462 0022 'k FAX 972/304 3673 MAINTENANCE BOND Bond No. ~1~T8174456 KNOW'ALL MEN BY THESE PRESENTS, That we, Barson Utilities ~ ~nc. (hereinafter celled the 'Prindpal') as Principal, and the Colonial American Cas,_,~lty ~-~ Surety Company , a corporation duly organized under the laws of the State of N-aryland and duly licensed to transact business in the State of Texas (hereinafter celled the 'Surety'), as Surety are held and firmly bound unto , M~F~.dden & iv..:[ller (hereinafter celled the 'Obligee'), in the sum of v.i~;ht Thous~n&i; Se,zen N-_~R_red Forty-One An& 50/].00 ($ 8~74[.50 ) 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, adminislratem, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this [st . day of NovP,,her ,20 O0 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Mc, Fadden & t~iller dated August: 9, 2000 , ,for Park~Yest Phase ]:T (#3) N~ Corner ~ranro;,ler & ]~nCeT.orise, CoDpe'll, TX WHEREAS, the oblil;cc has mcluested that said work be guaranteed against failure beceusa of defective workmanship or material, performed or fumished by said principal for a period of 2 years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligea against loss or damage occasioned directly by the failure of ..~id materials or Werknm ..miN.'P.; .th .eh n~S~ol~al;T~m~c~l~3r damage by failure of wo~auanship or n-~eriais due to hunicane, cyclone, fomedo, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usuq)ed power, insurrection, riot or civil commotion, nor any act of God. It is furlher understood and agreed that the total liability of the surety under this bond shall in no event excead~esumof Eight Thousan4! Seven l{--Rved Fort}r-One and $0/I00 D~B. No dg~ of ac~on shall accrue upo. or by mason of this o~afion, to or for the usa or beneffi of any po~on, rem or co~omfion, o~er then the o~ee heroin named. Barson, Utilities ~ Inc. P~pa~ American Casualt7 and Su,~et~ C ,ompan? ~,Surety Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vi, Section 2, of the By-Laws of said Companies, which are set forth and effect on the date hereof, does hereby nominate Cruthis, Dee Stone, R. Don Hurst, Darrin $. Weber. its true and lawful agent and Attorney-in-Fact, to act and deed: any and all bonds and Survivors and Community Guardians and the shall be as binding upon said Companies, as and acknowledged by the regularly elected persons. This power of attorney :1 on Stone, R. Don Hurst, Jowana Bryant, and The said Assistant Secretary Section 2, of the By-Laws of said IN WITNESS the affixed the Corporate AMERICAN CASUALTY AND SURETY ATTEST: FIDELITY 7 T. E. Smith Assistant Secretary reverse side , certified to be in full force Dodson, Sam J. MulEs, Jr., Elnora Bartlett, all of Dallas, Texas, EACH for, and on its behalf as surety, and as its behalf of Independent Executors, Community or undertakings in pursuance of these presents, purposes, as if they had been duly executed at its office in Baltimore, Md., in their own proper Derrell C. Dodson, Sam J. Mullis, Jr., Einora Cruthis, Dee ' 10, 2000. forth on the reverse side hereof is a true copy of Article VI, Assistant Secretary have hereunto subscribed their names and AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL this 28th day of September, A.D. 2000. OF MARYLAND M. J. Anderson COLONIAL AMERICAN CASUAL'I'Y AND SURETY COMPANY By: Vice President T. E. Smith Assistant Secretary M. d.. Anderson' Vice President State of Maryland ss: County of Baltimore On this 28th day of September, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, ] have hereunto set my hand and affixed my Official Seal the day and year first above Carol d. Fader Notary Public My Commission Expires: August 1, 2004 POA-F 168-0184 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secreta~ or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, conWacts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI,.Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidants specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, conWacts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and ins~'aments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidants specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1st day of November , 2000 .4ssistant Secretary BARSON UTILITIES, INC. 1802 SPANN ST · DALLAS, TX 75203 · 214-941-9700 ~FAX214-941-8533 McFadden & Miller CIO Mark Jacobson P.O.Box 59822 Dallas, TX 75229 May 22, 2000 Revised July 10, 2000 Revised July 11, 2000 Phone: (972)401-2356 Fax: (972)401-1399 REF: ParkWest Phase II (#3) NW Comer Wrangler & Enterprise - Coppell, TX Plans: HalffAssociates Dated July5, 2000 Storm Drain (Pt ITEM DESCRIPTION QTY ' ~IS UNIT TOTAL TOTAL Remove Inlet 1 Ea 500.00 500.00 Remove & Dispose of RCP 100 Lf 10.00 1000.00 30" RCP Class III 2 Lf 50.00 100.00 27" RCP Class III 50 Lf 41.90 2,095.00 21" RCP Class III 9 Lf 32.00 288.00 14' Curb Inlet 1 Ea 2,750.00 2,750.00 Tie To RCP 2 Ea 250.00 500.00 5' Dia. Manhole 1 Ea 3,900.00 3,900.00 TOTAL 11,133.00 Water Service Public) ITEM DESCRIPTION QTY MIS UNIT TOTAL TOTAL 8x2 Tap 2 Ea 750.00 1500.00 2" Service Assembly 2 Ea 1,500.00 3,000.00 2' Back Flow 2 Ea 625.00 1,250.00 Meter Boxes 4 Ea 150.00 600.00 TOTAL WATER 6350.00 ] Total Storm & Water (public) ] 17,483.00