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First Baptist-CS041119November 19, 2004 Craig M. Hoenes Kimley -Horn and Associates, Inc. 12700 Park Central Drive, Suite 1800 Dallas, TX 75251 RE: First Baptist Church Expansion Final Acceptance Dear Mr. Hoenes: Sincerel Larry avis Construction Ins 1 ector Office Phone: (972) 304 -3684 Fax: (972) 304 -3570 T H E •C 1 T V O F COPPELL 4 ifir A y 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. You may notify the MS 4 (City of Coppell) at any time during the two -year maintenance period if stabilization of the site per the SWPPP permit can be demonstrated. If so, complete and submit an NOT (Notice of Termination) to discontinue coverage under the SWPPP permit. A follow -up inspection of the facilities will be conducted prior to the expiration of the two -year bond period. If any punchlist items are noted at that time, you will be contacted to make repairs. Thanks for your cooperation. cc: Ken Griffin, P.E., Director of Engineering Public Works Keith Marvin, P.E., Civil Engineer Glenn Hollowell, P.E., Assistant Director of Public Works Greg Jones, Chief Building Official Tim Oates, Fire Marshal James McClain, Starling Richardson 255 PARKWAY P. O. BOX 9478 COPPELL TX 75015 TEL 972/462 0022 FAX 972/304 3673 Bond No.4345284 SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 512 732 -0099 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we Fire Line Services, Inc., Everman, TX as Principal, and SureTec Insurance Company, a corporation organized under the laws of the State of Texas, and duly authorized to do business in the State of Texas as Surety, are held and firmly bound unto City of Coppell, TX as Obligee, in the penal sum of Seven Thousand Four Hundred Eighty Nine 13/100 ($7,489.13) to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a contract with First Baptist Coppell dated 10/23/03 for Water, Sanitary Sewer and Storm Sewer, which contract is hereinafter referred to as the "Contract." WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of 2 year (s) after substantial completion of the work performed under the Contract against all defects in workmanship and materials which would have been the responsibility under the Contract for which written notice is made to Surety during said period NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all Toss that the Obligee may sustain by reason of any defective materials or workmanship which may become apparent and with respect to which notice is delivered to Surety in writing during the period of 2 year (s) from and after date of substantial completion of the work under the Contract, then this obligation shall be void, otherwise to remain in full force and effect. No right of action shall accrue hereunder to or for the benefit of any person or entity other the Obligee named herein, nor shall any suit be filed or action maintained on this bond more than twenty five (25) months after the date of the earliest timely notice of defect by Obligee to Surety. SIGNED, SEALED AND DATED THIS 5th day of October, 2004. Fire Line Se ices, Inc. Prin 'pal By SureTec Insurance Company By: Cam Fletcher, Fletcher, Attorney -in -Fact Rev. 11.11.2003 Please see the attached Rider for important notices and coverage information SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company "Issuing Sureties The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90 of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1- 866 732 -0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1- 800 252 -3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714 -9104 Fax#: 512- 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev 11.11.03 Statutory Complaint Notice 4345284 GENERAL POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Michael P. Whisenant, Cam Fletcher, Jan Parker, Sonia Lara of Dallas, Texas its true and lawful Attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no /100 dollars ($'5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice President, any Assistant Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this I lth day of June, A.D. 2002. SURETEC INSURANCE COMPANY State of Texas County of Harris Notary Seal 2004, A.D. Corporate Seal Corporate Seal ss: By Joh nOx, Jr., President On this 11th day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. onna U. Ibanez, Notary 9lic My commission expires June 11, 2006 I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this 5th day of October, wi-Afot.44tt Michael P. Whisenant, Vice President, Assistant Secretary To be attached to and form a part of: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 512- 732 -0099 CHANGE RIDER Bond Number: 4345284 Principal: Fire Line Services, Inc., Everman, TX Obligee: City of Coppell, TX Said bond, issued by SureTec Insurance Company, as Surety, is hereby amended as follows: The job specific GIA dated October 5, 2004 covering the above referenced project will provide coverage for SureTec bond number 4345284 as opposed to SureTec bond number 4345010 as orginally stated. There have been no changes to the project or scope of work, but rather the bond number originally written on the GIA is incorrect. It is hereby understood this rider will immediately be made a part of the referenced GIA. Effective date of rider: 10/5/04 All other terms and conditions shall remain the same. Signed and sealed this 5th day of October, 20 04. SureTec Insurance Company Surety By: 2� Cam Fletcher, Attorney -in -fact Fire.Line.Service. GIA .Rider.Bond.Number.4345284.doc rev. 11.11.03 1