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Freeport NIP(2.8)-CS041221T H E C I T Y - O F COPPELL December 21, 2004 C. Jack Evans, P.E. Pacheco Koch 8350 N Central Expy, Suite 1000 Dallas TX 75206 RE: Freeport North Lot 3 Block 3 (Dexas) Final Acceptance Dear Mr. Evans: 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 MS4 (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 lapse 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. O(Ice Phone: (972) 304 -3684 Fax: (972) 304 -3570 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 Jake Fulmer, PCI Construction "gONf) Fr�E 295 PA K"AY { P.0 FOX 9478 } COPPELL TX 71019 1 TLL 972 0022 } FAX 9)2 3673 MAINTENANCE BOND Bond No. 46BCSDF8140 KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete, Ltd. (hereinafter called the "Principal) as Principal, and the Hartford Casualty Insurance Company , a corporation duly organized under the laws of the State of Indiana 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 (hereinafter called the "Obligee'), in the SUM Of Seven Thousand Six Hundred Thirty-Nine And No /100ths 07 ,639.00 ) 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 15th day of December , 20 T HE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Raymond Construction dated 02/05/2004 , for turn lanes at Dexas International, Inc., 585 S. Royal Lane, Coppell, TX 75019 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 TWO 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, then 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, tornado, 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 Seven Thousand Six Hundred Thirty -Nine And No /100ths ($7,639.00) Dollars. No right of anion shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. POTTER CONCRETE, LTD. Signature Blocks: Principal POTTER 0 RE L By: Pott t General Partner Bye HARTFORD CASUALTY INSURANCE COMPANY Surety By: Michele De ey-in -Fact POWER OF ATTORNEY Direct lnqulries/Cialms to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 688- 266 -3488 or fax: 860 - 7573835) KNO ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 4 6 461496 Q Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Accident and Indemnity Company a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois O Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford 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 OM amount of UNLIMITED DENNIS DOWD, JOHN D. FULKERSON, KAE GIBBONS, TOM P. ELLIS, III, DONNIE D. DOAN, MICHELE DEGNON, DEBBIE SMITH OF DALLAS, TEXAS their true and lawful Attorneys) -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 July 21, 2003, 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 Attomey, I tsav • � • � • ti,,,r� ;��•..u...y; +ruaM• ts•r+ � g -�sozs j .� Iats • ��' P� • �ht1MH '�.nM Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT } ss. Hartford COUNTY OF HARTFORD ))) On 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; 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. • •tiuQ Scott E. Paselot Notary Public CERTiIGtTE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of December 15, 2004 Signed and sealed at the City of Hartford. �.s► .��+.tt,t,tw�, . rsas • I+ r�•� r • 'hu.as M,.N C Gary W. Stumper, Assistant Vice President POA 2004 MAINTENANCE BOND Bond N o. 2047990 KNOW ALL MEN BY THESE PRESENTS, That we, PCI Construction, Inc., P.O. Box 2967 McKinney, TX 75070 (hereinafter called the 'P as Principal, and the North American Specialty Insurance Com , a corporation duly organized under the laws of the State of New Hampshire 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 copper, Texas (hereinafter called the `Obligee"), in the SUM of Thirty-Three Thousand Two Hundred Seventy -Two And No /100ths - - - - - - - - - - - - - ($ 33,272 ) 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 18th day of November , _Z T HE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Raymond Construction, Inc. dated DEXAS International, Inc., 585 S. Royal Lane, Coppell, Texas - February 5, 2004 , for Water, Sanitary and Storm Sewer Improvements 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, then 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 Thirty -Three Thousand Two Hundred Seventy -Two And No /10 0ths ------------ Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. PCI Construction, Inc. Principal By North American Specialty Insurance Company Surety 1�� By: T tZw , Patricia Bartlett Attomey4n -FaCt NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the taws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: SAM J. MULLIS, JR., JOHN W. NEWBY, R. DON HURST, PATRICIA BARTLETT, JULIE STORM, RAY WATSON, CAROL GOODENOUGH and KRYSTAL L. WEBER, jointly or severally Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'' of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" 0 6 GOQ' � >i � By ft c 4 om pmMA SFJII R : AL Paul D. Amstutz, President & Chief Executive Offic of Washington International Insurance Company & S W % 1873 4cq` Vice President of North American Specialty Insurance Company is SEAL r ' i /NNIIIIaN\ y Steven P. Anderson, Executive Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 29 day of September 20 03 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page Ss: On this 29 day of September ' 20 03 before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Yasmin A. Patel, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 18t1day of November 20_DA_. James A. Carpenter, Vice Resident & Assistant Secretary of Washington Intematioml Insurance Company & Assistant Secretary of North American Specialty Insurance Company PAW C o nst�uction n Inc. Project: Dexas International 585 S. Royal Lane Coppell, TX. Public Facilities Breakdown: Potable Water Facilities: Item 12 "x8" Tapping sleeve and valve 8" C900, DR 18, Class 150, PVC 8" gate valve 8" detector check vault 2" domestic service, meter box 2" irrigation service and meter box Bore & encase 8" water main (Lf) Total Potable water facilities: Sanitary Sewer Facilities: Item Connect to existing manhole 8" SDR 35 PVC Bore & encase 8" S.S. (Lf) Total Sanitary Sewer Facilities: Storm Se wer Facilities: Item 24" Class III RCP (Lf) 30" Class III RCP (Lf) 24" Type "C" Headwall 30" Type "C" Headwall Grouted Rock Rip- Rap(Sy) Total Storm Sewer Facilities: Public Facilities Grand Total: QTY 2 114 2 2 1 2 80 QTY 1 55 30 QTY 60 30 2 1 32 972- 562 -2762 ■ Fax 972- 562 -2954 P.O. Box 2967 ■ McKinney, TX 75070 Unit Price $ 3,117.00 $ 13.10 $ 853.00 $ 9,898.00 $ 929.00 $ 929.00 $ 191.00 Unit Price $ 1,102.00 $ 20.10 $ 191.00 11/18/2004 Total $ 6,234.00 $ 1,493.40 $ 1,706.00 $ 19,796.00 $ 929.00 $ 1,858.00 $ 15,280.00 $ 47,296.40 Total $ 1,102.00 $ 1,105.50 $ 5,730.00 7.937.50 Unit Price $ 40.00 $ 54.90 $ 1,211.00 $ 1,321.00 $ 110.00 Total $ 2,400.00 $ 1,647.00 $ 2,422.00 $ 1,321.00 $ 3,520.00 $ 11,310 $ 66,543790