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Wynnpage Plaza-CS020926T H I[ * C I T Y · 0 F COPPELL September 26, 2002 James Bratton Stirling Wainscott, Inc. 16775 Addison Rd Suite 360 Dallas, TX 75248 RE: Wynnpage Plaza South, Lot 1 Block A Final Acceptance Dear Mr. Bratton: 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. Sincerely, Rick O'Dell Construction Inspector Office Phone: (972) 304-7090 Fax: (972) 304-3570 CC2 Ken Griffin, Director of Engineering & Public Works Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal Jennifer Armstrong, Finance Director MAINTENANCE BOND Bond No. s-90~ 2552 KNOW ALL MEN BY THESE PRESENTS, That we, PCi Construction, Inc., P.O. Box 2967, McKinney, TX 75070 (hereinafter called the 'Principal') as Principal, and the Wn~hin~o~ International Insurance ComPanY , a corporation duly organized under the laws of the State of Arizona and duly licensed to transact business in the State of Texas (hereinafter called the 'Surety'), as Surety ars held and firmly bound unto Clt~ of Coppell~ Texas (hersinafter called the "Obligee'), in the sum of ELEVEN THOUSAND TWO HUNDRED TWELVE AND NO/100THS ............. ($ $]],212.00 , .~r the payment of which ars well and truly to be mede, we, the ssid Principal and the said 8uraty, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this ]8th day of September , _]~ THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered Into a contract with Stirlin~ Wainscott dated Wynnpage Plaza South, Lot 1 Block A, Coppeil TX, Installation of Januar~ 28, 2002 , fur Potable Water, Sanitary Sewer and Storm Sewer Facilities WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or mateflal, performed or furnished by ssld pflncipal for a perind of 2 yearn from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage o~asioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full rome and effect. It is understood, however, that this bond shall not Include loss or damage by failure of wodrmanship or maferials due to hurricane, cyclone, tornado, earthquake, vcicanlo eruption or any similar disturbance of nature, nor military, navel or usuq~ed power, insum~otion, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shell in no event exceed the sum of ELEVEN THOU$.~d~I) TWO HUhl)RED TV~LVE ~ NO/100THS ............ Dollars. No rigM of action shall accrue upon or by mason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. PCI Construction, Inc. Principal ~ Washington International Insurance Company Surety Patty Bartlett Attomey-in-Fact NASSURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire, and having its principal office in thc City of Manchaster, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasea, Illinois, each does hereby make, constitute and appoint: SAM J. MULLIS, JR., JOHN W. NEWBY, IL DON HURST and PATTY BARTLETT jointly or sew~rally its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatery in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or con~ract of suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intematienal Insurance Company at meetings duly called and held on the 24t~ of March, 2000: "RESOLVED, that any two of the President, any Senior Vice President, any Vice P~sident, any Aasistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to aRach therein the seal oftha Company;, and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate beating such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contxact of surety to which it is attached. By IN WITNESS WHEREOF, North American Specialty Insurance Cerr~pany and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 22 day of April ,20 02 State of lllinois County of DuPage 22 day of. North American Specialty Insurance Company Washington International Insurance Company April ,20 02 , before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President ofNol~h Amcrican Specialty Inmuance Company and Steven P. Anderson , Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who haing by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instanunem to be the voluntary act and deed of, their respective companies.~ Yasmin A. Patel, Notary Public 1, James A. Carpenter , Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Seeretasy of North American Speciality Insurance Company, do hereby certify that the above and foregoing is a txue and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this ] ~ ~-hday of S~?l- emhor ,2002- IMPORTANT NOTICE In order to Obtain Information or Make a Complaint: You may call Washington International Insurance Company and/or North American Spceialty Insurance Company at the following toll-free number: 800/338-0'/53 or You may write to them at the following address: Washington International Insurance Company NAS Surety Group 1200 Arlington Heights Road ~400 Itasca, IL 60143 You may also contact the Texas Department of Insurance to obtain information on ~ompames, coverages, rights o complaints at: 800/252-3439 You may write the Texas Department of Insurance at the following address: P 0 Box 149104 Austin, TX 78714-9104 nstruction 972-562-2762 · Fax 972-562-2954 P.O. Box 2967 · McKinney, TX 75070 September 18, 2002 PROJECT: LOT 1 BLOCK A - WYNNPAGE PLAZA 275 DENTON TAP ROAD COPPELL, TX 75019 PUBLIC FACILITIES BREAKDOWN: POTABLE WATER FACILITIES: ITEM ~C,onnect to existing stubout 6 C900, DR14, Class 200, PVC Fire hydrant 1" irrigation service and meter box 1.5" domestic service, meter box, and backflow preventer 3aw cut, remove, & replace ex paving 3" x 6" tapping sleeve/valve 3" C900, DR14, Class 200, PVC TOTAL POTABLE WATER FACILITIES: SANITARY SEWER FACILITIES: UNIT QUANTITY PRICE TOTAL 1 EA $500.00 $500.00 10 LF $76.40 $764.00 1 EA $1,387.00 $1,387.00 1 EA $490.00 $490.00 1 EA $1,547.00 $1,547.00 10 SY $90.00 $900.00 1 EA $2,173.00 $2,173.00 21 LF $76.40 $1,604.40 ITEM ! $9,365.40 ~g stubout SDR35, PVC 4' diameter manhole ;, PVC 4' diameter manhole UNIT QUANTITY PRICE TOTAL TOTAL SANITARY SEWER FACILITIES: STORM SEWER FACILITIES: 1 EA $500.00 $500.00 263 LF $19.50 $5,128.50 1 EA $2,000.00 $2,000.00 155 LF $18.90 $2,929.50 1 EA $2,000.00 $2,000.00 ITEM QUANTITY curb inlet 1 EA TOTAL STORM SEWER FACILITIES: UNIT PRICE $500.00 GRAND TOTAL: TOTAL $500.00 $500.00 $22,423.40 MAINTENANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hadford, Connecticut 06183 BONDNO, 71SB103853899 KNOW ALL MEN BY THESE PRESENTS: That Garland Concrete, L.P. as Principal, hereinafter called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as Surety, hereinafter called Surety, are held and firmly bound unto the City of Coppell as Obligee, hereinafter called Owner, in the penal sum of $ 4,5 0 0.0 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 bywritten agreement, dated September 26, 2002 entered into a contract with Owner for drive approaches and walks 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 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 26th day of September 2002. IN THE PRESENCE OF: (Seal) Principal TRAVELERS CASUALTY AND SUREr% CONIPANY OF AMERICA S-2325-1 (07-97) TRAVEL~_.$ CASUALTY AND SURETY COMPANY OF .~_.~ERICA TRAVELERS CASUALTY AND SURETY COMPANY FARM/NGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: S. Michael Boyd, John W. Barfoot, Keith Montgomery, Steve Rose, Herek Boyd, Ellen Regnier, Jeanette Almanza, Michele Tweddle, Joanne Eickman, Jennifer Lambright, of Dallas, Texas, their true and lawful Attomey(s)dn-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indenmity, and other writings obligatory in the nature of a bond, recognizance, or conditional under[alcing and any and all consents incident Lhereto and to bind the Companies, thereby as fully and to the same extent as ff the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(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 Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, thc President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Seeretmy or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her ceflificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogmZances, 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 at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chatrman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. 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 President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretmy and duly attested and sealed with the Company's seal by a Secreta~ or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of anthority or by one or more Company officers pursuant to a written delegation of anthority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resohition voted by the Boards of Birectors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTOIq CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, 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 attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory ia the nature thereof, and any such power of attorney 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 and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of February 2002. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 28th day of February, 2002 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, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corpomtious by authority of his/her office under the Standing Resolutions thereof. e My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations 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 Boards of Directors, as set forth in the Certificate of Authority, are now in force. :3, ~ Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this (~ ¢ day of ,2002_ 'eeo Kori M. Johanson Assistant Secretary, Bond