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ST9502-CS 961029P.O. Box 478 Coppell, Texas 75019 214-462-0022 October 29, 1996 James A. Koch, Jr., P.E. Pacheco Koch Engineers, Inc. 9401 LBJ Freeway, Suite 300 Dallas, Texas 75243 Town Center Blvd. Final Acceptance Dear Mr. Koch: A f'mal 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. Maturity on the Erosion Control Bond will also be two years from the date of this letter. Sincerel.~, , Construction Inspector CC: Kenneth M. Griffin, P.E., ACMTCity Engineer Matt Cast, Supt. of Public Services Greg lones, Chief Building Official Travis Crump, Acting Fire Marshal Doug Stevens, Engineering Technician Mike Boney, Site Concrete ~le/Idavisl0~nalae .ltr STATE OF TEXAS COU.'NTY OF DALLAS MAINTENANCE BOND Bond No. 22-000-308 1Q,'OW ALL ..'KEN BY THESE PRESENTS: THAT Site Concrete, Inc. as Principal, Lthprtv Mutual Insurance Company , acorporationovganizedunderChe JaWS Of the Commonweal thof Massachusetts , aS sureties, do hereoy expressly acknowledge themselves to be held and bound to pay unto the City of Coppell ,"'~ Municipal Corpondon, Texas, the sum cf Two Hundred Twenty Two Thousand One Hundred Seven and 12/100 ........... DoJ]8~ ..................... Corns (S_ 222,107.12 ), for the payment of which will and truly be made unto said c~y ,f c,n~,~ , and its successors, said principal and sorties do hereby bind themselves, theif assigns and successors joindy a~nd severally. THIS obligation is conditioned; however, that whereas, the said Site Concrete, Inc. ~ this day entered into a written contract with the said citv of CoDDell to buUd and construct Tnwn Center Drive & Town Center Boulevard, Project No. ST 95-02 Bid No. Q-1295-02 WhiCh co!~ct a33d the pJa/LS aZld $1)e~ffiCadolB therein mentioned, adopted by the City of Coppell are hereby expressly made a part thereof aS through the same were written and embodied herein. WHEREAS, under the plan.% specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the accepr,tuce of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioneel by settlement of foundation, defeclive workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contnctor. It being understood that the pttrposc of this section is to cover all defective conditions arising by reason of defective materhi and charge the same against the said Contractor, and sureties on tltis obligation. and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each days failure on its' part to comply with the terms of said provisions of said contract. Now, therefore. if the said Contractor shall keep and perforTh its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) y~u's, as provided, then these presents shad be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' cootnet to so maintain and repair said work, then these presents shall have full force and effect, and said city of CooDell shall have and receive from the said Contractor and its' principal and sureties damages in the premises. as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sure:ies. hereon, and that successive recoveries may be and had hereon for successive bnnches until the full amount shall have been exhausted; and it is further understood that the obligation herein to 1-41 .v,~,,=,,, ~--~ maintain said work shall conanue throughout said maintenance period, and r~ same shall .~c~- b~ changed, diminished or in any manner affected from any cause during said time. IN WITNF~S WREREOF, the said Stte Concrete, Inc. has caused these px~ents to be executed by aDdthelaid Liberty Mutual Insurance Company hascausedthcsepresentstc be executed by its Attorney in fact and the said Attorney in fac~ Htrhael, B. H~11 , has hereunto set his hand, the 5th Ctay of March , 19 ~6 , PRINCIPAL Site Concrete, Inc. TirAe:. Liberty Mutual Insurance Company. --,____ By: -'~ Michael B, Hill ..: Tide: Attorney - I n-Fact NO~: ~ of MLenaace ~ond must not be prier to date O[ ContraCt. 'THIS POWER OF A'R'ORNEY IS NOT _ID UNLESS IT IS PRINTED ON RED BACKs, JUND. 285344 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company .(the ~Company'), a Ma~_~achuselts mutual insurance compan , ursuant to and by authority of the By-law and Authorization hereinafter~Set forth. does h~:;/name. constitute and appoint, ~I~LIAM D. BALDWIN, W. T. RAGSDALE, SUZANNE C. BALDWIN, CINDY FOWLER, MICHAEL B. HILL, DON E, SMITH, RAY' WATSON, ALL OF THE CITY OF RICHARDSON AND WILLIAM L RIDLEHOOVER OF THE OF AUSTIN. SrATS OF TEXt. S. ,.. :: .... ........ .................... , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seat. acknowledge and deliver, for and on its Garnet W. Ellion. Ass,slant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 21 St day of April A.D. 19 95 before me, a Notary Public. personally came the individual. known to me to be the therein descrjbed-;4~;li¥idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument. and he acknowled- ged that he executed the/sar~e and:.'~}~1 the seal affixed to the said preceding instrument is the corporate seal of said company' and that said corporate seal and his signatur~ su~.ef~l::~ Ih~.t~ was duly affixed and subscribed to the said instrument by authority and direction of the' said company. IN TESTIMONYW~REOF. I he~et~'b set my hand and affix my official seal at Ply g ar f rst above written : . ".' Notar,/Pulolic ~' "" " ' ' CERTIFICATE I. the undersigned, Assi~ta~t~'S~,c~etary of Libert~ Mutual Insurance Company. do hereby certify that the odginal power of attorney of which the foregoing is a full. true an~'c"O'rre~['copy. is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March. 1980. VOTED that the facsimile or mechanically reproduced signature r~f any assistant Secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company. sha;I ,.he. ,,,?..1~ and Dincling upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixec~ the corporate seal of the said company. this 5th day of March .19 96 · :. ~,,,ta,~S~;~' ~.. ~.,~ L_._-- THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFIfR Decefltbef 3t, , is 97 , behalf as sure~:~md as its act and de.e~l...~a~y and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVENTY- E MILLION*"""' ..... "'*'**'****** DOLLARS ($ 75,000,000 **~'**" ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by auth_ority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in wdting by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Ellloft is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF. this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21 St day of ADril ,19 95 . LIBERTY MUTUAL INSURANCE COMPANY IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A dOMPLAINT: 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 # (513) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTT:: 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. F. 140328 (9/92) i';