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Freeport NIP(2.7)-CS030729 (2)T H E C I T Y O F COPPELL k A b a July 29, 2003 Thomas M. Stroh, P.E. Jones & Carter, Inc. 3030 LBJ Freeway, Suite 910 Dallas, TX 75234 RE: Product Support Services, Freeport North Lot 2 Block 3 Final Acceptance Dear Mr. Stroh: 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. Sincere , Lar avis Construction Inspector 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 Jon Jacobson, McFadden & Miller Shane Huffman, Barson Utilities 255 PARKWAY * P.O.BOX 478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 9721304 3673 MAINTENANCE BOND Bond No. MNT8668942 KNOW ALL MEN BY THESE PRESENTS, That we, Barson Utilities, Inc., 5326 W est Ledbetter, Dallas, TX 75236 (hereinafter called the 'Principal' as Principal, and the Fidelity and Deposit Company of Maryland , a corporation duly organized under the laws of the State of Maryland 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 _ (hereinafter called the 'Obligee'), in the SUM of Twenty Four Thousand Ninety -Nine And No /100ths - - - - - - - - - - - - - ($ $24 ,099.00 ) 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 17th day of July -2003 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with McFadden & Miller, LP dated Water, Sewer and Storm Drainage for PSS, Gateview Blvd. & Royal Lane, May 7, 2003 for Coppell Texas 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, there 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, 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 exceed the sum of Twenty -Four Thousand Ninety -Nine And No /100ths ------------ Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firth or corporation, other than the obligee herein named. Barson Utilities, Inc. Fidelity and Deposit Company of Maryland Principal Surety By _ B A c, Patricia Bartlett Attomeg4rr -F8Ct � 9 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Comuany's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in datuage within-the United States, or outside of the United States in the case of an air carrier (as defined in sechon40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 - 0050749.doc Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of t he S aryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of u R y Article VI, Section 2, of the By -Laws of said Companies, which are set forth on the reverse e y ' red to be in full force and effect on the date hereof, does hereby nominate, consti[ n W. NEWBY, R. Don HURST, Patricia BARTLETT, Julie HO GH and Debbie SMITH, all of Dallas, Texas, EACH its true and 1 a e t 0111 t execute, seal and deliver, for, and on its behalf as surety, and as its a Ql J1un ertaldngs EXCEPT bonds on behalf of Independent Executors, Commprsns. o and ans. and the execution of such bonds or undertakings in pursuance of these pt<s ��n Pon said Companies, as fully and amply, to all intents and purposes, as if they had been duly a wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own propg This power of attorney revokes that issued on behalf of Sam J. MULLIS, JR., John W. NEWBY, R. Don HURST, Patricia BARTLETT, Julie HOGUE, Ray WATSON, Carol GOODENOUGH, Debbie SMITH, dated February 5, 2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 21st day of February, A.D. 2003. ATTEST: cc State of Maryland 1 ss: City of Baltimore 1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY I T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President On this 21st day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, 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, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Conunission Expires: January 1, 2004 POA -F 168 -0016A 00 Fidelity and Deposit Company of Maryland j Home Office: P.O. Box 1227, Baltimore, ID 212034227 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company's toll-free telephone number for information or to make a complaint at: 1- 800 - 654 -5155 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, TX 78714 -9104 FAX # (512) 475 -1771 PRFt= 4R CLAIM DISPUTES: Should you have a dispute concerning the Premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial. American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH TWS NOTICE TO YOUR POLICY• This notice is for information only and does not become a part or condition of the attached document. 585439M (04M) 07 -' 10:1 FAX 21,19418534- BARSON UTILITIES I Z 002 /003 GENERAL CONTRACTOR Mr. Jon Jacobson McFadden & Miller, LP. POBox 59822 Dallas, Texas 75229 Phone: 972 -401.2356 Fax, 972 -401 -1399 PROJECT: PSS, Gateview Blvd. & Royal Lane, Coppell Texas (511 Royal lane, Coppel Texas) Plans: Jones & Carter, Inc. Consulting Engineer, 136c. 2002 Contract Date; May 7, 2003 QUANTITIES FOR MAINTENANCE BOND PUBUCIMPROVEMENTS WATER July 16, 2003 DESCRIPTION 12'Sc 8" Tap Tie to Existing Main 8" DR 14 PVC Water 6" DR 14 PVC Water 8" Gate Valve R &R Ext Fire H dt Fitlings Blocking 2" Service Assembly 7' Sackillow Assembly Meter Box Bore for 8" Water (dry bore Test Water QUANTITY 2 1 125 110 2 1 0.2 1 2 2 4 100 1 MIS ea ea If K ea ea ton cy ea ea ea if ea UNITTOTAL S 1.950.00 $ 250.00 $ 17.50 S 16.00 S 650.00 $ 750.00 $ 3,000.00 $ 125.00 $ 1 950.00 $ 650.00 $ 150.00 $ 110.00 $ 500.00 TOTAL $ 3 900.00 $ 250.00 $ 2187.50 $ 1 $ 1 S 750.00 $ 600.00 $ 125.00 $ 3 S 1'3w00 $ 600.00 $ 11 000.00 S 500.00 6" PVC Sewer Test 511 Manhole 75 1 1 R ea ea $ 20.00 $ 400.oa S 4,800.00 $ 1,500.00 $ 400.00 $ 4,800.00 TOTAL IS 28172.50 SEWER DESCRIPTION QUANTITY MIS um TOTAL TOTAL 6" PVC Sewer Test 511 Manhole 75 1 1 R ea ea $ 20.00 $ 400.oa S 4,800.00 $ 1,500.00 $ 400.00 $ 4,800.00 TOTAL $ 6,700.00 BARSQN UTILITIES, INC. 5326 W- Ledbetter Dallas, Texas 75236 214 -941 -8700 07/242003 07.29/2003 10:14 F.aS 2149418533 BARSON UTILITIES 1� 003 %003 BARSON UTILITIES, INC. 5326 W. Ledbetter Dallas, Texas 75236 214 - 841 -9700 STORM DRAINAGE DESCRIPTION Remove Inlet QUANTITY 1 MIS ea UNIT TOTAL $ $00 -00 TOTAL $ 500.00 Tie to Bastina RCP 1 as $ 150.00 $ 150.00 Construct 2 Grate Inlet 1 ea $ 2 250.00 $ 2,5 50.00 24" RCP Class III 65 If $ 35.00 $ 2 275.00 T III Combination Inlet 1 as $ 3 $ 3 650.00 Traffic Control to include Royal 1 Is $ 250000 $ 2 Additional Pavement Breakout 1 Is $ 1,800.00 $ 1,800.00 TOTAL 1 $ 13 325.00 TOTAL PUBLIC IMPROVEMENTS: $ 48,197.50 07/2412003 Bond No. 46BCSBY4919 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, McFadden & Miller, Ltd., 11350 Luna Road, Dallas, TX 75229, as Principal, and HARTFORD FIRE INSURANCE COMPANY, a Corporation organized under the laws of the State of Connecticut and duly authorized to do business in the State of Texas as Surety, are held and firmly bound unto City of Coppell, P. O. Box 478, Coppell, TX 75019, as Obligee, in the penal sum of * *Four Thousand, Five Hundred and No/100** ( *$4,500.00 *) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. WHEREAS, the said Principal has caused to be constructed: Two (2) Driveway Approaches located at 511 Royal Lane, Coppell, TX WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of two (2) year(s) after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period, and R the said contract has been completed, and was approved on the ��! day of Uoe 20AL. 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 period of two (2) year(s) from and after final acceptance by Owner then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 21st day of July, 2003. V INSURANCE Sheryl AZ{lutts, Att6kney -in -Fact— Surety City of Coppell/ McFadden & Miller, Ltd. P. O. Box 478, Coppell, TX 75019/ 11350 Luna Road, Dallas, TX 75229 46BCSBY4919 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 suretlesMsurers 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 remlum: $0 Form B -3333-0 Page 1 of 1 0 2002, The Hartford � t\ POWER O e' ATTORNEY THE HARTFORD HARTFORD PLAZA Hartford Fire Insurance Company Twin City Fire Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 0 0 Hartford underwriters Insurance Company Hartford Insurance Compa of the Southeast F 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 Hanford 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 unlimited. John A. Miller, Sheryl A. Klutts, John A. Miller, 11, K. R. Harvey, John R. Stockton Of Fort Worth, TX their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) 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 persons, 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. r��, � Paul A. Bergenhokz, Assistant Secretary John P. Hyland, Assistant Vice President STATE OF CONNECTICUT Ss , Hartford COUNTY OF HARTFORD On this 19" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that 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 he signed his name thereto by like authority. Jean H. Womak V11CATE Notary Public My Commission Expires Jute 30,20D4 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the ab a foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full tome effective i of al IZU0.3 Signed and sealed at the City of Hartford. f d far j, � co Colleen Mastroianni, Assistant Vice President tYH •'rl Inquiries Reeardine 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 9of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquires regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number 888- 266 -3488 Fax — Claims 860- 757 -5835 or 860 -547 -8265 E -Mail claims @1stepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115