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DR0001-CS030902 T H I[ C I T Y · 0 I~ CO?PELE September 2, 2003 Jean S. Boney Site Concrete, Inc. PO Box 154489 Irving, TX 75015-4489 RE: MacArthur/Samuel Drainage Project DR 130-01 Final Acceptance Dear Ms. Boney: Representatives of the City of Coppell have confirmed a final inspection of paving and drainage utilities for the referenced project. The two-year maintenance bond has been received and maturity on the bond will be two years from the date of this letter. Thank you for your cooperation during the construction of this capital improvement project. Sincerely, Rick O'Dell Construction Inspector Office Phone: (972) 304-7090 Fax: (972) 304-3570 CC: Ken Griffin, Director of Engineering & Public Works Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works STATE OF TEXAS CO[rNTY OF DALLAS MAI/SlTENANCE BOND Bond Ito. 063951 } } KNOW ALL MEN BY TH]ESE PRESENTS.' THAT site concrete. Inc. as Principal, ·nd American Hotorlst~ Insurance C~pany & Arch Insurance Company , a covpora~on org~zad under the laWS Of State of Illinois and Missour¥ , ES sureties, do hereby expressly acknowledge themselves to bc held and bound to pay unto tho _C&t~f c~,ell , a Municipal Corporation, Texas. the sum of · Dollars . and .$ixt~_ Six lhousand One Hundred Ninety Snven sonoo Cents ($ ~97.so ) , for the payr~ent of which sum will and truly be made unto said , and its successors, said principal and sureties do hereby bind themselves, t mir assigns and successors jointly and severally, THIS obligation is conditioned; however, that whereas, the said _$il:e Concrete. Inc. ha-~ this day entered rote a written contract w~th the smd city ot coppeU' to build and construct MaeArthur / Samuel Drainage Project No, DR 00-01, which contract and the plans and specifications therein mcntloncd, adopted by the city of coppell are hereby expressly made a part thereof aS tkrough the same were written md embodied herein. WHIZREAS, undcx thc plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, thc work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of add improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge thc same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day% failure on tts' part to comply with the terms of' sald provisions of sald contract. Now. therefore, if thc said Contractor shall keep and perform its' said agreement to ma~ntaln said work and keep the same in repair for the said maintena-ce period of two (2) years, as provided, then these presents shal! be null and void, and have not luther effect, but if default shall be made by thc said Contractor in thc performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, mad said 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 sureties, hemon, and that successive recoved~'s may be and had hereon for successive branches until the full mount shall have been e~hausted; and It is fiuthcr understood 2-14 Gontrovt Do~umertt$ that the obligation herein to maintain said work sh~ll continue ~u~ s~d m~ten~c~ p~o~ ~d ~ sm~e s~ net ~e ~h~ed, d~m~H~ed or ~ ~y ~er ~e~ed ~om ~ny ~e du~n$ s~d ~ ~SS ~0~, ~e s~d Site ~ncrete, Inc. caused ~s= presen~ to be executed by ~d th~ s~d ~eeican ~otorls~ Insurance ~pany · Arch Insueanee ~YC~S~ be executed by its Aflomey ~ fact ~d ~e s~ AKamey ~ f~t m~ae~ , h~ here~to set Ms ~d, ~e ~8e~ day of ~ PRINCIPAL sURETY Site Concret=; Inc. Title: Jean S. Boneys President American Notorists Insurance Company & Arch Insurance Co.party - , ~ Title: Richael B. Hill) A~corney-ln'Fac~c ,~ WITNESS: ATTEST: NOTE: Date of Maintenance Bond anz~t not be prior to dat~ of Corm'act. POWER OF ATTORNEY Know All Man By These Presents: That the Lumbarmens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office In Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Michael B. H~11, Cindy Fowler, William D. Baldwin and Suz~nne C. Baldwin of RICHARDSON, TX (EACH) their true and lawful agent(s) and Attarney(a)-in-Fact, to make, execute, seal, and deliver from the date of issuance of th _s power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCb_~FION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or latter of credit. This authority does not permit tha same obligation to be split into two or more bonds in order to bring each such bond w ithln the dollar limit ef authority es set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertaldngs tn pursuance of these presents shall be es.binding upon the said Company as fully and amply to ail intents and purposes, as if the same had been duly executed and acknowledged by their regularly aleoted officers at thair principal office in Long Grove, illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on Fobruary 23 1988 at Chicago, Illinois, true and accurate copies of which ara hereinafter set forth and are hereby certified to by the undersigned Secretary as being in fall force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agsnts and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and a~tach the seal of the Company thereto, bonds and undertakings, racognizancas, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is sign.ed seaJed and certified by facsimile under and by authority of the following resolution adopted by the Exasubve Committee of the Boards of Directors of the Cpmpany at a meeting duly called and held on the 23rd day o4 February, 198B: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and flied with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may ba affixed by facsimile on any power of attorney er bond executed pursuant to resolution adopted by the Executive CommiV~ea of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company." Fi( 09 75 (Ed. 09 01 ) Page I of 2 Printed in U.S.A. in Testimony Whereof, the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers, this September28, 2001. Lumbermens Mutual Casualty Company Attested and Certified: American Motorists Insurance Company American Manufacturers Mutual insurance Company /Gary J. '~lly, i~nio, Vice Pres~lt STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria I. Omor[, a Notary Public, do hereby certify that Gary J. Tully and John }(. Cenway personally known to me to be the same persons whose names are respecUvely as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual insurance Company, Corporations organized and existing under the laws of the State of illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free ~ihd voluntary acts for the uses and purposes therein set forth. Maria I. Omcrl, Notary Public My commission expires 9-1-/-03 CERTIFICATION I, J. K. Cenway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby cerUfy that the attached Power of Attorney doted September26, 2001 on behalf of the person(s) as listed above is a true and correct copy end that the same has been In full force end effect since the date thereof and is in full force and effect on the date of this certificate; and i do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casuaib7 Company, the American Motorists Insurance Company, and the American Manufacturers Mutual insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 18th day of March ,20 03 . This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named thereln and they have no authority to bind the Company except In the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK09 75 (Ed. 09 01) Page 2 of 2 Printed In U.S.A. POWER'OF ATTORNEY Know All Men By Those Presents: That the Arch insurance Company, [] corporation organized and existing under the laws of the State ef Missouri, having its pflncipal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Michael B. Hill, Cindy Fowler, WBiam D. Baldwin, and Suzanne C. Bladwln of RIci~ardson, TX (EACH} its true and lawful Attorney(si-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bends and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undedaklngs that guarantee the payment or cultaotien of any prcmissow note, check, draft or letter of credit. This authority does not permit the some obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as sot forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as If the same had been duly executed end acknowledged by its regularly elected officers a[ its principal office in Kansas City, Missouri. This Power of A~tomey is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, er [ha Secretary shall have the power and authority to appoint agents and attomeysqn-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, ccntracta of Indemnity and other wflUngs, obligatory in the nature thereof, and any such officers of the Company may appotht agents for acceptance ef process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resotutlon adopted by the unanimous consent: of the Board of Df'rectors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant t:o the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and btnding upon the Company. 00ML0013 00 03 03 ': ' Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company h~ caused this InstrUment to be signed and its .~orporate seat to be affixed by ~haIr authorized officers, this ll~hday of March, 2003, Arch Insurance Company Attested and Certified Jas~'f'/~ Laball, Corpor~Le Sa~retai"y' STATE OF CONNECTICUT SS Thomas P. LuckstonD, COUNTY OF FAIRFIELD SS I Mellssa B. GIlIigan, a Notary Publlc, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me ta be the same persons whose names ara respectively as Vice President and Corporate Secrel~y of the Arch Insurance Company, a Corporation organized and exisUng under, the laws of the State of' Missouri, subscribed to the foregoing fnsb'ument, appeared before ma thls day Ih person and severally aclmowledged thor: they being thereunto duly authorized signed, sealed with the corporate seal and delivered the sold instrument as [he free and vol~n.[a~ act of said corporation and as thelr own free and voluntary acts for the uses and purposes t~ereln set f~l? ' MaliS~ JB. 1~ti ligan, Nolai'y M¥commtsslon expir~ CERTIFICATION I, Joseph S. Lobe[I, Corporate Secretary of the Arch Insurance Company, do hereby certify [hat the attached Power of Attorney dated March 11, 2003 on behalf of the person(s) as listed above is a true and correct copy and [hat the same has been In full force and effect since tho date [hereo¢ and Is In full force and effect on the date 6f thls ce~flcate; and i do further certify that the said Thomas P. Luckstone, who executed the Power of Afferney as Vise President, was on [h.e date of execution of the aEachad Power of AEomey tho duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscrlbad my name and affixed the corporate seal of the Arch Insurance Company on'this 18th: day of March ;2003 ' · . ~ · ~ .'~-. This Power of AEomey limits the acls o~ those named ~emln to the bonds and unde~klngs specifically named ~ereln and [hey have no authofl~ to bind the Company except In the manner and [o the e~en[ herein stated. Home Office: 00ML0013 O0 03 03 Kansas ~'~, MO Page 2 of 2 ~(~~/) Printed in U.S.A. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact American Manufacturers Mutual Insurance Company, American Motorists Insurance Company, and/or Lumbermens Mutual Casualty company for Information or to make a complaint at: Kemper Insurance Companies Attn: Surety Claims 1 Kemper Drive, K-7 Long Grove, IL 60049-0001 (847) 320-5996 (847) 320-5828 Fax You may contact tl~e Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. BOX 149104 Austin, TX 78714-9'104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a contrition of the attachecl document and is given to comply with Section 2253-048, Government Code, and Section 53-202, Property Code, effective September l, 2001. IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 2002 The Terrorism Risk insurance Act of 2002 establishes a mechanism by which the federal government will share, with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and: 1. Are violent or dangerous to human life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel; end 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian population of the United States or to influence the policies or conduct of the United States Government. The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property and casualty policies of insurance; and it requires insurers to disclose any applicable premium charges and the federal share of compensation. We are making these disclosures in strict compliance with the Act. Disclosure of Availability of Coverage for Terrorism Losses Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Losses The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring In 2002, that deductible is 1% of the insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual Insurer deductibles are 7%, 10% and 15% of the pr[or year's direct earned premium, respectively. The Ac/provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual insured losses exceed $100 billion. Disclosure of Terrorism Insurance Premium Your Bond premium charge for "certified acts of terrorism" coverage is $ 0. SR 80 37 (Ed. 11 02} Page 1 of 1 Printed in U.S.A.