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Park West CC(12)-CS010905T H E C I T Y O F COPPELL T ~ ~~ 9 9 0 ~ S ~ September 5, 2001 Rick Stull McFadden & Miller Inc. 11350 Luna Road Dallas, Texas 75229 RE: Parkwest Commerce Center, Phase III, Lot 1R, Block 7 (Buildings 4 & 5) Final Acceptance Dear Rick: A final 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. cc: Ken Griffin, Director of Engineering & Public Works Rhonda Brothers, Engineering Secretary Glenn Hollowell, Asst. Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal 255 PA RN WAY # P. O.BO% 476 # CO PPELL T% 75019 # TEL 9"12/462 0022 # FAX 972/304 3623 MAINTENANCE BOND Bond No. 11133552933 Any singular relerence to Contractor, Principal, Surety, Owner or other parry shall De considered plural where applicable. KNOW ALL MEN BY THESE PRESENTS: That McFadden & Miller, Inc. as Principal, hereinafter called Contractor, and Associated Indemnity Corporation as Surety, hereinafter called Surety, are firmly bound unto City of Coppell (Name and address of Owner) hereinafter called Obligee, in the sum of Nine Thousand and 00/100 Dollars DOLLARS, lawful money of the United States of America, to be paid to the said Obligee or its successors or assigns to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor entered into a contract with the said Obligee dated octobex 30, zooo fOr Driveway Access, 440-480 Wrangler Drive Coppell, Texas 75019 NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship and pay for any damage to other work resulting therefrom which shall appear within a period of z (Two)year(s) from the date of acceptance of the work provided for in the Contract, then this obligation shall be void; otherwise it shall be and remain in full force and effect. 13y (SEAL) ATTEST: Associated Indemnity Corporation Name of Surety ~~ a~(~. ~~R~¢i rr ~er ay: ~~ Rlf~ ~u ~ ~ ~ ~'3t°!~ (Signature) Surety Rosemary Weaver (SEAL) we-4659 Ahach Properly Executed Power of Attorney McFadden & Miller, Inc. FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIltEMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED D~EDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBII.E INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint R05emary Weaver or John R. Stockton of Dallas, TX their true and lawful Attorney(s)-in-Face with full power of authority hereby conferred in [heir name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ------------ and [o bind the Companies thereby as fully and to [he same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all [hat the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VB of [he By-laws of each of [he Companies which provisions aze now in full force and effect. This power of attorney is signed and sealed under the authority of [he following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held, or by written consent, on the 19th day of Mazch, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon [he Companies." IN WITNESS WHEREOF, [he Companies have caused these presents [o be signed by their Vice-President, and their corporate seals to be hereunto affixed this 13 day of November 2000 .0.,EFT~~CQ.p ~+;~•f FXI/~C4, p~ff.ANS FLT 1f`'a^°o+:~eM1 ~~~ f`~,oellE.ln,,~ FIREMNATfONAL SURETY CORPO RTION -' `~o O .: ~ - THE AMERICAN INSURANCE COMPANY 11LL _. . 5~,. _,_ ,: ASSOCIATED INDEMNITY CORPORATION ~bry~1NO' ~ •'` . .r .~ °''NCe co~''se s`",xc"c'co~°x: ~"'°~'~iaurs v~~a"` AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA 1 SS. BY ~ ~~~~ COUNTY OF MARIN J vice-President On this 13 day of November 2 0 00 ,before me personally came Donn R. Kolbeck to me known, who, being by me duly sworn, did depose and say: that he is aVice-President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; [hat they were so affixed by order of [he Board of Directors of said companies and [hat he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. r KRISTIN A GAZZOLI D O COMM.#1262236 Z d ti NOTAi2V W6LIC-0ALIfORNIA Q MARIN COUNTY 0 MY Comm. F-><Pt~ Ag112B, 20114 ~ Natar} c STATE OF CALIFORNIA 1 SS CERTIFICATE COUNTY OF MARIN f I, [he undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY [hat the foregoing and attached POWER OF ATTORNEY remains in full force and has no[ been revoked; and furthermore [ha[ Article V D of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorn'ey~, -are now in force. Signed and sealed a[ [he County of Marin. Dated [he ~ day of , ~ . ~JPO TPo qO,Q .. `~wot~i`o.,y tEMArv~s G~ ~S,'o No~~~aH,, `~..`~U~1LE.IXT~~4t a J r° Ao O cLW f,~ 1'= •~ ° . .. •~' __ ri .~ ~~.F= (~a~~ ~~~///~~~///]]] b [ SEPt35i0 a i"1 i~- Z ~. -aS: .te 2 =°J. n g '<urvo`s p ~'ny~:::: J~ ~ G9 •< ='^G ~~ :*~.,,,~.~,.'i`c d^/ y. lJ ~ S ~NCF COtA R,NCf.LO~f ~`4~„IOUR.'A~,...• ¢Sl ^I SSISfaElt S¢ Eary ~ nrunm IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: 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. 0. BOX 149104 AUSTIN, TX 78714-9104 FAX ~~(512) 475-1771 PREMIUM OF CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR 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 OF CONDITION OF THE ATTACHED DOCUMENT. MAINTENANCE BOND Duplicate Original Bond No MNT8570560 KNOW ALL MEN BY THESE PRESENTS, That we, Barson Utilities, Inc. (hereinafter called the 'Principals as Prindpal, and fhe Fidelity and Deposit Company of Maryland a corporetion 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 flrmy bound unto City of Coppell, Texas (hereinafter called the'Obliges~, in the Sum Of Ten Thousand, Seven Hundred Eighty-Five and no/100 - - - - - - - - - - - - - - -Dollars (j 10,785.00 1 for the payment of which are well and troy to be made, we, the sakt Prtndpai and the said Surety, bind ourselves, our heirs, executors, administrators, sua~ssore and assigns, Jointly and severally, flrnty by these presents. Signed and sealed this 29th day pf May , 20 01 THE CONDR'ION OF THIS OBLIGATION is such, that WHEREAS, the said Prindpal has heretofore entered into a contrail Vvith McFadden & Miller dated Parkwest Commerce Center Phase III, Building #4 and #5 December 29, 2000 ,for Wrangler and Enterprize. Coppell. Texas WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, pertortned or furnished by said prindpal for a period of two years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, iF the said Prindpai shall indemnify and save harmless the obligee aga~tst bss or damage occasioned directly by the failure of said materials or workrrtanship, then this obligation to be void, otherwise to remain in full force and effeil. tt is understood, however, that this bond shall not include bss or damage. by falure of workmanship or materials due to hurticane, cydone, tornado, earthquake, vobanb eruption or arty sknilar disturbance of nature. nor mUitary, naval or usurped power, insumeilion, riot or dvu commotion, nor any ad of God. tt is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the sum of Ten Thousand, Seven Hundred Eighty-Five and no/100 - - - - - - - - - - - - - - - DOllare. No right of adbn shall accrue upon or by reason of this obt"gatbn, iA or for iha use or benefit of any person, firm or corporation, other than the obligee herein named. Barson Utilities, Inc. Prindpal Fidelity and Deposit Company of Maryland Surety By: By: ~:~, ,6~~- Patricia Bartlett Attorney-in-Fad Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Companies, which aze set forth on reverse side ~reof and aze hereby certified to be in full force and effect on the date hereof, does hereby nominate, consti d appo' ell C. Dodson, Saro J. Mullis, Jr., Elnora Crvtbis, Dee Stone, R Don Hurst, Darrin J. Weber, armer tricia Bartlett, all of Dallas, Texas, EACH its true and lawful agent and Attorney-in-Fact, to make ute, seal liver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings PT bo behalf of Independent Executors, Community Survivors and Community Guardians and the ton of s nds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as full amply, tents and purposes, as if they had been duly executed and acknowledged by the regulazly elected o of the y at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes th ed on be Derrell C. Dodson, Sam J. Mullis, Jr., Elnora Cruthis, Dee Stone, R. Don Hurst, Jowana Bryant, and J. Webe~,~ July 10, 2000. The said Assistant Secretary does hereb~ thaz~t!~Bract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Com~gs, and is n rce. IN WITNESS WHEREOF, the `nice-Preset"and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the 'd FID AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY ANY, this 28th day of September, A.D. 2000. ATTEST: FIDELITY ~ EPOSIT COMPANY OF MARYLAND ~t K IXIA By: T. E. Smith Assistant Secretary M J. Anderson Vice President COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ~e_~ ~~ ~ rA n By: T. E. Smith Assistant Secretary M J Anderson Vice President State of Maryland ss: County of Baltimore On this 28th day of September, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. 1. ANDERSON, 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 aze 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 yeaz first above written. Mme'` Carol J Fader Notary Public My Commission Expires: August 1, 2004 POA-F 168-0184 BARSON UTILITIES, INC. 1802 SPANN ST ~ DALLAS, TX 75203 ~ 214-941-9700 /FAX May 25, 2001 McFadden & Miller P. 0. Box 59822 Dallas Texas 75229 Mark Jacobson Ref: Parkwest Commerce Center Phase III, Building # 4 and #5 Wrangler and Enterprize, Coppell Texas Plans: Halff and Associates 12129100 BOND QUANTITIES WATER (public) ITEM DESCRIPTION QTY MIS UNIT TOTAL TOTAL 12"x2" Water Ta 3 Ea 950.00 2850.0 2" Lon Service 3 Ea 1550.00 4650.00 Bore for Water 135 Lf 15.00 2025.00 Back0ow Preventers 3 Ea 625.00 1875.00 Meter Box 6 Ea 150.00 900.00 Sod 10 S s 10.00 100.00 TraffcControl 1 Ea 50.00 50.00 TOTAL 12,450.00 SANITARY SEWER (public) ITEM DESCRIPTION QTY MIS UNIT TOTAL TOTAL Tie to Manhole 1 Ea 1000.00 1000.00 6" Sewer 10 Lf 25.00 250.00 Test 1 Ea 150.00 150.00 TOTAL SEWER 7 400.00 STORM SEWER (public) ITEM DESCRIPTION QTY MIS UNIT TOTAL TOTAL Remove Existin Inlet 1 Ea 500.00 500.00 Connect to Existin Pie 1 Ea 250.00 250.00 18" RCP Class III 40 Lf 31.00 1240.00 18" RCP Bend 1 Ea 150.00 150.00 12' Recess Inlet 1 Ea 2450.00 2450.00 30" RCP Class III 25 Lf 50.00 1250.00 Remove Existin Pie 25 Lf 10.00 250.00 Tie to Existin Manhole 1 Ea 500.00 500.00 Saw Cut 30 Lf 3.00 90.00 Stabilized Backfill 10 C 35.00 350.00 R&R Concrete Pavement 8.5 S 40.00 340.00 Traffic Control 1 Ls 350.00 350.00 TOTAL 7720.00 TOTAL PUBLIC E 21,570.00