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Amberpoint BP 2-CS030409 (2)
T H E - C I T Y * O F COPPELL April 9, 2003 Jaime Beard, P.E. Halff Associates 8616 Northwest Plaza Dr Dallas, TX 75225 RE: Staples (Amberpoint at Coppell) Final Acceptance Dear Mr. Beard: Representatives of the City of Coppell have confirmed a final inspection of paving and utilities for the referenced project. 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. S inc~~ __ Co~s~2' c~fi;Sn Ins(pector Office Phone: (972) 304-3684 Fax: (972) 304-3570 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 Kirk Woltman, Hill & Wilkinson James Gaspard, Transwestern Commercial Services 255 PARKWAY ~ P O.BOX 478 ~ COPPELL TX 75019 ~ TEL 972/462 0022 3k FAX 9?2/304 36?3 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That CalHar Construction, Inc. BOND NO. TXIFSU0341754 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 SEVEN THOUSAND EIGHT HUNDRED FOUR AND NO/100THS Dollars ($7,804.00), lawful money of the United States for the payment whereof, well and truly t o b e made, t he Principal and Surety bind themselves, t heir heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated 21st of Novembe[, 2002 with for Underqround Site Utilities in Right of Way for the Staples Distribution Center, 201 S. Northpoint Drive, 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 Ohligee 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 fome and effect. Signed, Sealed and Dated This 3rd Day of April, 2003. (Witness) By: CalHar Construction, Inc. (Principal) (Witness) By: International Fidelity Insurance Company (Surety) Michael B. Hill, Attorney-In-Fact · Ii',rrV. A d A FiOELIT¥ INs NcE CO'ANY HoME O~iCE: oNE NEWARK cENTER~ 20TH ~O0R NEW.K, NEW JERSEY 07102-5207 ~OW ALL ~ B~ ~ P~N~: ~at I~ATIO~AL FmELITY m~CE CO~A~; a cv~tafion org~iz~ and exi~ ia~g 0f ~e sm~ of New Jer~y, a~ Mv~g i~ prifieipa! office i~ ~e Ci~ of Newark; N~ lersey, doe~ hereby c~sthuw and ap~ CINDY F~IR, DIBBLE sMiTN, MIchEL ~. HILL, wIhLI~ D. BI'wIN, SUZ~I C. BALDWIN a~chardson, TX. its true ami la~l attoffiey(s)-in-fact to e~eeute, seal and deliver for and on its behalf as surety~ any and all bonds and undertakings, Contracts Of indenmity and offer writings 0bliga~,ry. m the nature ~hereof; which are or may be allow,ed,: required. 9r,perm!ttedby law,. ,sta.~..r~u~ ~re.g~l.a~on,~co~n~tr?c~t.~o,r o~rw~ac~E the execution of such msmm~nt(s) m pursuance of these pre.his, snan oe as mnamg upon me ,sata,s.nr,e. ,~a'na.~.~?a,t, t.u{,e, sqa ~ .ac~g,.,n~, ~. COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed ann ac~nowtengea oy its regularty elec~cl OlrlCers at!ts principal office. This Power of Attorney sexeeutad~andmaybe`rev~knd~pur~antmandbyau~ri~y~fArtic~e3-Sech~n3~ftheB~Lawsad~p.`te~d~bytheB~ard~f Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting cai ed and he ct on the 7th day ofvebruary, tn/q-. The President or any Vice President, Executive Vice President. Secretary or Assistant Secretary, shall have power and authority (1) To appo nt 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 signed and sealed by facsimile pursuant to resolution of the 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: Now therefore the signatures of such officers and the seal of the Company may be affixed m any such power of anorney or. a.ny certificate relating there~ by faes m e, and any such power of attorney or certifica e bear ng such lacs m e s gnatores or facsimile seal shall be valid and binding upon the Company ann any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the thmre with respect to any bond or undertaking to which it is aneched. IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this insaument to be signed and its corporate seal to be affixed by its authorized officer, this 31 st day of August. A.D. 1998. INTERNATIONAL FIDE~CE COMPudeNt. STATE OF NEW JERSEY ~ ~ Count~ of Essex On this Mst da[/of August 1998, before me came the individual who executed the~preceding_ inslrament, _to~m__e ~o.e.r~_na~ll~?n.~o,w.~..an.d, b?~ng by ~e ~u~y sworn, said the he ts the therein described and authorized officer of.the INTERNATIO,NA~, FIDELITY IN~URA~:~ coa, teAln ~, _mat me ~.amxe.., ,o~ mid instrument is the Corporate Seal of said Company; that the sam Corporate Seal and his signature were dul~ affixed by order of the Board or u~rectors or said Company. ~ NOTARY Oi PUBLIC IN TESTIMONY WHEREOF. 1 have hereunto set my hand affixed my Official Seal. at the City of Newark. New Jersey the da) and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY M5 Commission Expires Nov, 21. 2005 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby cerlify that I have compared the foregoing cop3 of the Power of Attorney and affidavit, and the copy of the Section of the B~ Laws of said Company as set forth th said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct manscrtpts 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 IN TESTIMONY WHEREOF. I have hereunto sat my hand this 3rd day of April, 2003 Assistant Secretary IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain information on companies, coverage's, rights or complaints at 1-800-282-3439 You may write the Texas Department of Insurance: PO BOX '149104 Austin, Texas 787'14-9'104 Fax (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning you premium or about a claim, you should contact the company first. If the dispute is not resolved, 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. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call International Fidelity Insurance Company's toll-free telephone number for information or to make a complaint at: 800-333-4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20th Floor Newark, NJ 07102 You may 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: P.O, Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Date: April 2, 2003 City of Coppell / Engineering Department Attention: Larry Davis 255 Parkway Blvd. Coppell, Texas 75019 Project: Staples Distribution Center Location: 201 S. Northpoint Drive Coppell, Texas #22351 Right Of Way Breakdown For Underground Site Utilities ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PUBLIC WATER: 12x8 Tapping Sleeve & Valve I EA $ 2,555.00 $ 2,555.00 Remove Plug/Connection to Existing Stubow 1 EA $ 150.00 $ 150.00 8" DCDA Vault Assy (DCDA by CID') 2 EA $ 3,600.00 $ 7,200.00 2 Domest'c Service Connection (meter by Ci I EA $ 1,544,00 $ 1,544.00 2 Irr'gat'on Serv'ce Connection (meter by CJI I EA $ 1,544.00 $ 1,544.00 Fittings 1 EA $ 300.00 $ 300.00 Trench Safety I LS $ 100.00 $ 100.00 Sub-total: S 13,393.00 PUBLIC SANITARY: None PUBLIC STORM SEWER: I Remove Existing Inlet I EA $ 250.00 $ 250.00 2 Remove Existing RCP 21 LF $ 15.00 $ 315.00 3 Connect to Existing RCP I EA S 575.00 $ 575.00 4 Convert Existing 8' C1 to 2-Grate Inlet I I.S $ 975.00 $ 975.00 5 Trench Safety I LS $ 100.00 $ 100.00 Sub-total: $ 2,215.00 TOTAL WORK in PUBLIC ROW: NOTES: 1.) A 2YR/50% Maintenance Bond is to be provided to the City upon completion of the above work. 2138CalHar Drive * Melissa, Texas 75454 * Phone: 972-838.2888 * Fax: 972-838-2299 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Pot~er Concrete, Ltd. Hartford Fire Insurance Company organized under the laws of the State of Bond No. 46BCSCD5317 (hereinafter called the 'Principal') as Principal, and the , a corporation duly CT 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~ TX (hereinafter called the "Obligee'), in the sum of Two Thousand Two Hundred And No/lOOths ($2,200.0o ) 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, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 'Tth day of April ,2003 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Hill & Wilkinson, Ltd. dated October 4, 2002 , for Two {2) approaches for staples ~ Amberpoint, 201 S North Point, Coppell, TX. WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished 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 loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, 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 exceed the sum of Two Thousand Two Hundred And No/100ths ($2,200.00) Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benef'~ of any person, firm or corporation, other than the obligee herein named. POTTER CONCRETE, LTD. HARTFORD FIRE INSURANCE COMPANY Surety Michele Degnon ~omey-in-Fact POWER OF ATYORNEY ~-~ Hartford Fire Insurance Company ~ Hartford Casualty Insurance Company ~ Hartford Accident and Indemnity Company ~ Hartford Underwriters Insurance Company THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of U~L IHI?ED : DENNIS DOWD, JOHN D. FULKERSON, KAE GIBBONS, BILLY DON HENRY, TOM P. ELLIS, III, DONNIE D. DOAN, MIC}~ELE DEGNON, TRACY L. GINGRAS, MICHELE MARIE MARIANO, JAMES MICHAEL RUTLEDGE OF DALLAS, TEXAS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by [], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of pemons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~;tAr~ 01: COtlN[C11CU! ,~ ~ Hartford COU~ITY OF HARTgORD On 25th day of October, 2002, before me personally came Collean Mastroianni, to me known, who being by me dui{/sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Apr± 1 ?, 2003 Signed and sealed at the City of Hartford. Yves C~ntin, Assistant Vice President POA 2002 . Inquiries Regarding Claims Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number Fax - Claims E-mail Mailing Address 888-266-3488 860-757-5835 or 860-547-8265 claims~ 1 stepsurety.com The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 Insured's Name Potter Concrete, Ltd. Insured's Mailing Address 4820 Gretna Dallas, TX 75207 Po/icy Number 46BCSCD5317 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: [$0 J ' Form B-3333-0 Page 1 of 1 © 2002, The Hartford CONCRETE, LTD. Concrete Contractors Golden Trowel Award Winner Ja. nua~f 20, 2003 Mr. Kirk Woltman Hill & Wilkinson, Ltd. 800 Klein Road, Suite 100 Plano, Texas 75074 STAPLES @ AMBERPOINT 201 S. NORTHPOINT COPP~.?J., TX Dear Kirk: Please find listed referenced project. below the information you requested for the above ADD FOR TWO (2) APPROACHES ADD TO THE BASE BID $ 4,400.00 If you have any questions please do not hesitate to call. Sincerely, POTTER CONCRETE, LTD. Bobby Harris Project Manager BH/sd 4820 Gretna Dallas, Texas 75207 Office 214-630-2191 Fax 214-689-1066