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DR9601-CS 960831VIGILANT INSURANCE COMPANY NE 15 Mountain View Road, P. 0. Box 1615 MAINTENANCE BOND Warren, New Jersey 07061 -1615 CHUBS Bond No. 89031127 KNOW ALL MEN BY THESE PRESENTS that TRI -TECH CONSTRUCTION, INC. as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto CITY OF COPPELL, TEXAS as Obligee, in the sum of One Hundred Fifty - Six Thousand, One Hundred Two & 35/100-------------- - - - - -- Dollars ($ 156,102.35- - - - - -- ), 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 with the Obligee for Gateway Business Park Storm Drainage for Catellus Development Corporation and WHEREAS said Principal is required to post a bond to guarantee repair or replacement of faulty material or workmanship for a period of iYfi§Wrom and after the date of acceptance of said work. two years NOW, THEREFORE, if the said Principal shall repair or replace any and all defects in said work during the aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated R - 3 96 by I �� . t'�_ L44a Tamara E. Shackelford Attorney In Fact Form 15 -02 -0341 (Ed. 1 -93) VIGILANT INSURANCE COMPANY POWER OF ATTORNEY VIGILANT INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 (908) 903 -2000 Know all Men by these Presents, That VIGILANT INSURANCE COMPANY, a New York Corporation, has constituted and appointed, and does hereby constitute and appoint Charles D. Sweeney, D. W. Sweeney, Bobby E. Mayo and Tamara E. Shackelford of Fort Worth, Texas each its true and lawful Attomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course of Its business, and consents for the release of retained percentages and/or final estimates. In Witness Whereof, said VIGILANT INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistagt Secretary and its corporate seal to be hereto affixed this 26th day of July, 1993. VIGILANT ; I , I URAN E CO ANY Soren N. S. Laursen, Vice President County of Somerset On this 26th day of July 1993, before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of VIGILANT INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of VIGILANT INSURANCE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company; and that he signed said Power of Attomey as Assistant Secretary of said Company by like authority; and that he is acquainted with Soren N. S. Laursen and knows him to be the Vice President of said Company; and that the signature of said Soren N. S. Laursen subscribed to said Power of Attorney is in the genuine handwriting of said Soren N. S. Laursen and was thereto subscribed by authority of said By -Laws and in deponents presence. Notarial Seal ^� Acknowledged and Sworn to before me �` on the date a written. J, NOTARY -' is •' '� Notary Public ' o LINDA , SAwr"AK CERTIFICATION N&Rty public, 5ta a of Nsw Jers_y STATE OF NEW JERSEY l No. 20913b2 County of Somerset J ss Commission Expires July 29, 1996 I, the undersigned, Assistant Secretary of VIGILANT INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on June 13, 1974, and most recently amended June 2, 1969 and that this By-Law is in full force and effect 'ARTICLE XV Section 2. All bonds, undertakings, contracts, and other instruments other than as above, for and on behalf of the Company which It is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman, 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 Assistant Secretades or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in 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 with respect to any bond or undertaking to which it is attached.' I further certify that said VIGILANT INSURANCE COMPANY is duty licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia and Puerto Rico, and is also duly licensed to become sole surety on bonds, undertakings, etc. permitted or required by the laws of the United States. And I further certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and seal of the said Company at Warren, NJ this Corporate Seal a 5uww��. ti`s t °o F 1 0 6J1'✓F ) CONSENT 1031 r% +Y S EW YOQ day of , 79_• Assistant S ery STATE OF NEW JERSEY 1 t as. B(,..l No. 158233836 Premium: $664.00 for two years MAl'rtT XANCE BOND STATZ OFT all COUNTY OF DALLAS SNOW Ara hm HY Tm E Ym&TB: TXAT CATELLUS DEVELOPMENT CORPORATION AM ERICAN CAS U P . ratl0a orgattlaed 4ndts the laws of . Pennsy vania y as It eft, d Eb expreaaly acl®owk4p tbrnfae eo ba hol and band to pay seta the CITY OF COPPELL � , a row al Carporadm Texas, dw =m of FORTY NINE THOUS U H UNDRED FIFTY--------------- - - - - °- �Ila" MA tv91 and trubr be ai principal sad auvties do lava raw. �e (S 49, _ —T P y—O 0- � � 119 p of Wtda lam =a CITY OF CO and its tlieeenari said bmby bind tbanatelvWw, dtsibt assigns and atooeaars jointly and THIS obligation is Conditioead0 however, cast whefcas, the said CATELLUS DEVELOPMENT CORPO RATION bas dds day er>tessd lob a wnieea cont:tfet mlth cite INd CITY OF - CO - PPE E I b and ConahlaAt drainage impro vements, =T 15 oc , Gaceway u mess P ar which o WWA and the plans and sped&adm tar em metufomed,.sdapind by fits CITY OF COPPE are barsby pWoojy made a part tbsraof an mmush the same wrest wrists anti FRO hcreia. W143WO. under *a piano. spwWwadost. and Cotmaet, it is ptovidsd that she Coatteclor will t:laisttaia sad kaep in soad repair the wimt berets =xa and m be clam and petfamted, ibe a period of two (2) Yeats Om go da[4 of the aeesptanee of said worm, and to do all r:amury m3aira and/or reeemtttetios in wbole ar in part of said 1mgRweatem am sh0QW be ocsasicued by svW= cot of fmadarlon. cletecdve wor[oaansbip or aWWALIs Hraisbed in the commadan or uW part tbat+of or any a,' the accessaft dl Ia oo=ft% end by the Ca nuft. It bdq uodudDad that the puspoia of drls section is to cover all defxttve eooditloos *rift by rason of dalbcoa mate w sad charge she p apdW go said Comraefar, sad =rsd s on rids obdlgatioa, and the said Cone tmu and mvties hereon" be sARd to the 1*0stion damages too dared in said contract ibr each day's taiturs on ba part m rdtaply 00 the ftM of uW pravlsiom of laid. coafts. Maw, thaaefatt, If the acid Comaolor shall keep cad pn'lbnn Its' said fiSrxmmu to WAIAraia said work and ]nep do same in repair far the aaw =&bM=s= period of tit► (2) yearn, as pmvwed, than dmo p rassus shah be soil and veld, and lave an further coins, Wt if do&& -hall be made by de said COMIC-tor in the petfhratance of ita' CoRWW 10 ee mei nbir Mai =pdr said work, tbea dose period abaft have !till ft= and lffaCt, and said CITY OF CO PPELL tai have area rtftve !Yam Ow YW Camutor !tad iv' prlatlpal sad sureties damages is fbe preatim, 0 provided: and is is fitdw *Stead that ems oblipdam shall be a csog =fttg one r<salm the ptfttsW W d austtea, havo and that sucoas[va rect"rlse may be and bd bereoa for ay0ena {ve ftvWbea vuW the fb0 aa+autt stitch have been e&n*Bd; nod it is fmfber ondars000d drat tits oWgati.1sae+a. 1-41 wowed. . AWO «L hmdn said wo* 9211 continua thtougboW said mrintmm pwiad, ad me um dou not be charged, d3vtd 4hcd or JA gy maam aiTecmj Ftom any Douse during raid dm. DF WL'I'!!i W WH=Wlr, Ibc sold CATELLUS DEVELOPMENT CORPORATIO cawed dww pmat is to be wmc=W by and the said AMERIC AN_ C_ TY COMPAN 0 READING, b" C&Uftd Ibm pm go be cx=NW by IN AttoEW Lt far'; and *0 aald Attt>rnay In tau Nancy Hamil _ . hu bm umi mt bb hand, the 8th day of August 19 96 PKmcw4LL SUBAW CATELLU DEVELOPMENT CORP2 AMERI N CASUALTY COMPANY OF READING, PENNSYLVAN� C By: ancy Hama on, ,. '1' : Attorney -in -Fact RRTN &8�: AT =i Jv=- Daft Rr 1N'Orm-ore Arm mm lep►6rr at state o/Caar,�. Countersigned: sy :�.� Dougl-& G. Hotchkiss c/o 600 North Pearl St., Ste. 1120 Dallas, TX 75201 1.42 Ahkwme eur CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On August 8, 1996 before me, Dena Mitchel, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. - JANE DOE, NOTARY PUBLIC personally appeared Nancy Hamilton NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), DENA MIT or the entity upon behalf of which the T COMM. #1021762 v person(s) acted, executed the instrument. CL ' NOTARY PLIBLIGCAUFORNLA Ib SAN FRANCISCO COUNTY My Comm. ExDkes May 26, 1996; WITN my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY APPOINTLNG LN DIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, Ttat CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AI: ERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies "), are duly orcanizc -d and existing corporations having their principal cf in the City of Chicago, and State of Illinois, and .at ley do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Stanley D Lo-r, Charles R Shoemaker "cnna Ellis Nancy Hamilton J. Craig Bedell Roger C. Dickinson, Individually of San Francisco, California their true and lawful Attomey(s) -in -Fact with `Lill power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings 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 instruments 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 ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority 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 CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of March , 1996 CONTINENTAL CASUALTY COMPANY W6i1Rg6Mr+4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 2 y AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA y k' c e^r°'uTa y � d ��lhatotore a _ 3 NLY 11, SEAL 7[97 +�o�� � • tr' i` � �/ M.C. Vonnahme Group Vice President State of Illinois, County of Cook, ss: On this 1811 day of March 1996 , before me personally came M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resides in the Village of Darien 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 instrument 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 authority, and acknowledges same to be the act and deed of said corporations. CERTIFICATE e �y /I My Commission Expires October 19, 1998 Linda C. Dempsey _. Notary Public I,John M. Litter , 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 forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reve hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this t3th day of August 1996 r 10/01 ° e a *%; CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA (Rev.7 /14/95) John M. Littler Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS CF CONTINENTAL CASUALLY COMPANY: sunt to and by authority of the followng By -Law duly adopted by the Board of Directors This Power of Attomey is made and exec -'.ed pur of th Company. "Article IX— Execution of Documents Section 3. Appointment of Attomey-+n -`act The Chairman of the Board of Diretors, the President or any Executive, Senior or Group Vice President may, from time to 5m fact to a e, appoint by wr en certificates a torneys -in -d in behalf of the Company ,n the of like nature. Such att execution of policies of insurance, bonds, undertakings and c:her oblcatory instruments their sl 9 tueubnd to the limitations set forth in their respective certificates of are ority, shall have full power to bind the C by y execution of any such instruments and to a; ach the seal of `,e Company thereto. The Chairman of the Board of Directors, the President or any Executive. Senior or Group Vice President or the Board of Directors, may, at any tine, revoke all power and authority previously given to any attomey -in -fact This Power of Attomey is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By -Laws, and the ature e sig of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certi of a so and ed any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Com pany. such Any pow and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Amide VE_Esecutton of Obligations and Appointment of Attomey -ln- Fac Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors , the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certficates attomeys4n -fad to act in behalf of the Company in the.exeattion of polices of insurance, bonds, undertakings and other obl igatory have fu I bbind the omp Company by the r signature lure and execution. of l any such set forth in their respective certificates of authority, instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey -in -fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive,'Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of 2" �mey granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company maybe affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which t is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey is made and executed pursuant to and by authority of th following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Exev.nive Vice President or any Senior or Group Vi i President ti the Corporation may, from time to time, appoint, by written certificates, Attomeys -in -Fact to act in behalf d the Corporation n the execution of polices of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey4n -f2ct" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attomey granted pursuant to the Resolution adopted by this Board of Directors on February 17, may b and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation orporation may be affixed by facsimile to any certificate of any such power, and any power or certifi�te bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid 'and binding on the Corporation."