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Freeport NIP(7.9)-CS021125November 25, 2002 T H E 0 1 T Y O F COPPELL e Steven Markussen, P.E. Pacheco Koch Consulting Engineers 8350 N Central Expwy, Ste. 1000 Dallas, TX 75206 RE: ULINE (Duke Freeport, Lot 5 Block A) Final Acceptance Sincerely, Larry D•ris Construction Inspector Office Phone: (972) 304 -3684 Fax: (972) 304 -3570 Dear Mr. Markussen: Representatives of the City of Coppell have confirmed a final inspection of paving and utilities for the referenced project. The improvements were installed according to plans and our specifications governing such work. The two -year maintenance bonds and as -built drawings have been received from the contractor. The bonds will mature two years from the date of this letter. Thank you for your cooperation during the course of this construction project. cc: 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 Jeff Langston, Duke Construction Michael Cox, Duke Construction 255 PARKWAY P.O.BOX •79 COPPELL TX 75019 TEL 972/•62 0022 FAX 972/304 3673 (Witness KNOW ALL MEN BY THESE PRESENTS: MAINTENANCE BOND That CalHar Construction, Inc. as Principal, and International Fidelity Insurance Company, as Surety, are held and firmly bound unto City of Coppell Obligee, in the full and just sum of SEVENTEEN THOUSAND SIX HUNDRED NINETY -FOUR AND 25 /100THS Dollars ($17,694.25), lawful money of the United States for the payment whereof, 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 12th of June 2002 with Duke Construction for Undergound Site Utilities in Right of Way for ULINE Inc.; 635 Freeport Parkway; Coppell, Texas and WHEREAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) year(s) after approval of the final acceptance on said job, by the City, 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 apparent during the aforesaid period, then this obligation shall be void, otherwise to remain in full force and effect. Signed, Sealed and Dated This 29th Day of October, 2002. CalHar Construction, Inc. (Principal) International Fidelity Insurance Company (Surety) By le—.2 1>. BOND NO. TXIFSUO341709 Michael B. Hill, Attorney -In -Fact Tel (973) 624 -7200 HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 POWER OF ATTORNEY I NTERNATIONAL FIDELITY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized laws of the. State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint LLIAM D. BALDWIN, SUZANNE C. BALDWIN HILL, w CINDY FOWLER, DEBBIE SMITH, MICHAE RichardniOn, TX•' 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, connects of indemnity and other writings obligatory is the nature thereof, which are or may be allowed required or permitted by law, statute ride regulation, contract or otherwise and the execution of such instrument(s) in :pursuance of. these presents, shall be as bindntg upon the said INTERNATIONAL FIDELITY INSURANE' COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by us regularly electe d officers at C its principal office. This Power of Attorney is executed, and may be revoked pursuant to and by authority of Article 3- Section 3, of the Bp Laws adopted by the Board of. Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day ofFebmary, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint 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, contracts of indemnity and other writings obligatory in the nature thereof and (2) To remove, at any time any such attorney -in -fact and revoke the authority given. Further this Power of Attorney is st'gned and sealed by facsimile pursuant Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: STATE OF NEW JERSEY County of Essex Now therefore the signatures of such officers and the seal of. the Company may be affixed to any, such power of attorney or any certificate relating thereto :'b facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bind the Company and any such power so executed and cemfied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in die future with respect to any bond or undertaking to which it is attached. NOTARY PUBLIC IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seat,; at the City of Newark, New Jersey the day and year fast above written. A NOTARY PUBLIC OF W RSEY My Commission Expires: NE Nov. 21 2005 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -taws of said Company as. set forth in said Pawer of Auomey, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect ONY WHEREO I have hereunto set my hand this 29th day of October 2002 IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998 INTERNATIONAL FIDELITY INSURANCE CO On this 31st day of August 1998, before me came the individual who executed the preceding instrument to mepersonallyy knowwnn,,_� and being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE, COMPANY, that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO 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, Texas 78714 -9104 FAX No. (512) 475 -1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolvcd, 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. June 12, 2002 STORM SEWER 1 48" Type "B" Headwall. 2 18" Type "B" Headwall 3 Grouted Rock Rip Rap 4 Trench Safety City Of Coppell Engineering Department Attention Larry Davis 255 Parkway Blvd. Coppell, Texas 75019 ITEM DESCRIPTION WATER 1 8 "DR14 2 4 "DR 14 3 12x8 Tapping Sleeve Valve 4 8" DBL. Detector Check Vault 5 2" Domestic Service 6 2" Irrigation Service 7 Trench Safety SANITARY SEWER 1 8" SDR 35 2 Std. 4' Dia. Manhole (Approx. 9' Deep) 3 Connect to Existing Stubout (10' Deep) 4 Trench Safety CalHar Construction Inc. #22186 Right Of Way Breakdown For Underground Site Utilities for ULINE, Inc. 635 Freeport Parkway Coppell, Texas QTY UNIT UNIT PRICE TOTAL 38 LF 16.75 636.50 15 LF 16.00 240.00 2 EA 2,400.00 4,800.00 2 EA 8,100.00 16,200.00 1 EA 1,675.00 1,675.00 1 EA 1,675.00 1,675.00 1 LS 125.00 125.00 TOTAL 25,351.50 86 LF 17.00 1,462.00 1 EA 2,450.00 2,450.00 2 EA 250.00 500.00 1 LS 75.00 75.00 TOTAL 4,487.00 1 EA 2,650.00 2,650.00 1 EA 1,300.00 1,300.00 100 SF 15.00 1,500.00 1 LS 100.00 100.00 TOTAL 5,550.00 TOTAL SITE UTILITIES IN CITY OF COPPELL PUBLIC EASEMENTS: 35,388.50 NOTES: 1.) A 2Yr /50% Maintenance Bond is to be provided to the City of Coppell upon completion of the above work. PAGE 1 2138 CalHar Drive Melissa, Texas 75454 Office 972/838 -2888 Fax 972/838 -2299 KNOW ALL MEN BY THESE PRESENTS, That we, 75042 -6675 MAINTENANCE BOND (hereinafter called the `Principal) as Principal, and the North American Soecialri Insurance Comoanv a corporation duly organized under the laws of the State of New Hampshire and duly licensed to transact business in the State of Texas (hereinafter called the 'Surety", as Surety are held and firmly bound unto City of Coppell, Texas sum of Three Thousand Seven Hundred Fifty And No /100ths Signed and sealed this 6th exceed the sum of Three Thousand Seven Hundred Fifty And No /100ths Basa Bond No. 197480 Osburn Contractors, Inc., 1917 Copper St., Garland, TX (hereinafter called the 'Obligee"), in the 4 $3,750.00 ...if 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. day of November _2002 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Duke Construction dated June 17, 2002 for ULINE, Inc. Three Approaches, Coppell, Texas WHEREAS, the obligee has requested that said work be guaranteed against failure because 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 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 Toss or damage by failure of workmanship or materials due to hurricane, cyclone, tomado, 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 Osburn Contractors, Inc. North American Specialty Insurance Company Principal Surety By: 2.L 4, -c-ca., 4 ca of e Dollars. No right of action shall accrue 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. Patricia Bartlett Attomey -in -Fact 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 laws of the State of New Hampshire, and having its principal office in the City of Manchester, 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 Itasca, Illinois, each does hereby make, constitute and appoint: SAM J. MULLIS JR JOHN W. NEWBY, R. DON HURST 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 obligatory 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 contract or 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 International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant 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 Attomey 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 Attomey and to attach therein the seal of the 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 Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing 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 contract of surety to which it is attached." OaMr SS: NAS SURETY GROUP PATRICIA BARTLETT and JULIE HOGUE jointly or severally By Paid D. Amstutz, President Chief Executive Officer of Washington International Imvnce Company Vice President of North American Specialty lnmnace Company By Steven P. Andenon, Executive Vice President nr Wnhlngten International Insurance Company Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 7 day of OCTOBER 20 02 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page On this 7 day of OCTOBER 20 0 before me, a Notary Public personally appeared Paul D. Amstutz President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Yasmin A. Patel, Notary Public 1 James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6 th day of November 20 02 James A Carpenter, Vice President Assistant Secretary of Washington Intemational Insurance Company Assistant Secretary ofNonh American Specialty Insurance Company IMPORTANT NOTICE In order to Obtain Information or Make a Complaint: You may call Washington International Insurance Company and/or North American Specialty Insurance Company at the following toll -free number: 800/338 -0753 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 companies, coverages, rights or 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