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Denton Tap 1A-CS060120o ~ CO??ELL January 20, 2006 Bryan M. Burger, P.E. Lawrence A. Cates & Associates 14800 Quorum Drive, Suite 200 Dallas, Texas 75254 Denton Tap Development, Lot 1 Block A/Wachovia Bank Final Acceptance Dear Mr. Burger: 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 a Notice of Termination (NOT) 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. Sin. cere~ ff~'-~ Oft~e Phone: (972) 304-3684 Assistant City Engineer Fax: (972) 304-3570 CC: Ken Griffin, P.E., Director of Engineering & Public Works Glenn Hollowell, P.E., Asst. Director of Public Works Greg Jones, Chief Building Official Tim Oates, Interim Fire Chief PARKWAY ~r ~'O BOX 9478 ~' CODPELL TX 75019 ~ TEL 972/462 0022 · FAX 972/304 3673 MAINTENANCE BOND. STATE OF TEXAS } } Bond No. 3334344 COl.JNTY OF DAlLAS KNOW ALL MEN BY THESE PRESENTS: THAT Maverick utilitv Construction, Inc. ~d SureTec Insurance Company do hereby expressly acknowledge themselves to be held and bound to pay UDto the Ci ty of Coppell I a Municipal Corporation, Texas, the swn of _Seven Thousand Seven Hundred Twenty-Two and 'noll 00 Dollars anc1 Cents ($ 7, 722. 00 ) . for the paynteDt of which sum will and truly be made untD !Sid ~i t-y nf ~opppll , and its successors, said principa.I and sureties do hereby bind themselves. their assigns and successor.; jointly and severalty. State of Texas as Principal. . a colporation organized , as sureties. under the laws of THIS obligation is conditioned; however. rhal whereas, the: said M;:!Ivpri r-k Ht- i 1 i t-y ~nn~t-rnC"t- inn. .TnC" has this day entered into, a written contract with the said Wachovia Bank - Coppell, Texas to build aDd construct iater and Sanitary Sewer Work in Public Easements w~jch contract and the plans and specifications therein Jncnfioocd. adopted by me Ci tv of Coppell are hereby expressly made a pan th~f as through the same were written . embodl!d berein. 'WHEREAS. under the plaDs, specifications. and contract, it is provided that the COD1racmr will mainatin and keep in good repair. the work herein cODtracted to be done and perfonned. for a p~od of t1~/O (2) )'ears from the date of the acc.eptmce of said work. and CD do all IlCtLSS2;.,-j repairs and/or rCCODStruction in whole or in part of said improvements lhat should be occasioned by sealemenr of foundation, defective workmanship or materials fumished in the construction or any ,part thereof or any of the accessories thereto constructed by the CDI1lnICtOr. It being understood:tbat the purpose of this section is to cover all defective COnditiODS arising by reason of defective material and charge the same against the said Conttactot, and SUI'Cties OD this obligation, and the said Contt'actDr and sureties hereou shall be subject to 'the liquidation damages mentioned in said contract for each day's failure on its' pan to comply with me termS of said , Mai1t1mmrCl BDfld PlJ"~ I of '- p~visio".s of said contract. Now, therefore, if the said CoIItlclctor 'shalllc.eep and perfonn its' said agreement to l"':lint14io saJd work and keep the same ,in repair for the said mamteDaJ1ce period of rwo (2) years, ~ as provided, then these presenl'; sball be nun and void, and have not further effect, but if defaUlt shall be made by the said Contractor in the pcrf'otmance of its' comract to so nwntaiD and repair said work, then lhese presents shall baV&! full force and effect, and said . Ci tv of Coppell shall have and receive from the said ContractDr and its' principal and sureties damages in the premises,' as provided; and it is further agreed that lI;ris obligation shall be a continuing one apinsE the principal and sureties, hereon, and that SU~ve recoveries may be and bad hereon for successive branches until the full amount shall haye been exhausted; and it is further undemDod that the obligation' herein to J'T1~inrain said work sbalJ continue $'ouShout said maiDteuance period. and the same shall IlDt be than2!rl. diminished or in any DlaIUlcr affected from any cause during said time. IN WITNEss WHEREOF, the said Maverick Utility' OXlstruction,' Inchas caused these presents to be executed by 'l'<xH Bcx100t and the said SureTec Insurance ~nv has caused these presents to be executed by its Attorney in fact and the said Attorney in fact ~ A. Clendennen . has hereunto set his band, the, 11J th day' of Januarv ,20 06' . PRINCIPAL SUREI'Y Maverick utility Construction, BY:T~ Title: President Inc. SureTec Insurance Company ~.,~0JJ~_ ~Y:~lClende6nen TWe: Attorney in fact ." WITNESS: A1TEST: ~~-1(~~ NOTE.: Dm~ oj Maln1tnD11ce BOhtl mflSt Ml be prior '" dtJJ~ OfCoMtJC1. .' MatfJIenanct Bond PaPf' 2. 0 f 2 ..-, POA #: 4221246 SureTec Insurance Company LIMITED 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 Rodger Kelley Cunningham, Karen A. Clendennen, of Euless, 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 Three Million and no/lOO Dollars ($3,000,000.00) 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 shall continue in force until November 30, 2007 and 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 anyone 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 2r1' of April. 1999) /1t Witness Whereof, SURETEC INSURANCE CaMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. "~RANc"~ ~'b~~.~_...<~ (l ~? '/. '1. \~ ~\ w ~ )l 7r. \...~:!:_...../j :/ On this 20th day of June, A.D. 2005 before me personally came Bill King, 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 ill 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. By: State of Texas County of Harris ss: e Ml::nV * * 8IaIe of Texas My COmmIsSIon ExpIres ?fOf~ August 27. 2008 1'::1~N~ My commission expires August 27,2008 I, M. Brent Beaty, 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. G;ven nnd" my band ,00 th, ",I of ,,;d Comp"'y " Hon,ton, T ox,,!hi, /15""" day of .::r-Gl,I\o.(,~ 20Qh, A.D. ry Any instrument Issued In excess of the penalty sta;ec! iJb:Jv~ Is totally volo end without any validity. For verification of the authority of this power you m~y >:.O'li (713) 312-CSO'i any L-llslness day between S:OO am and 5:00 pm CST. SureTec Insurance Company Required Notices Rider Complaint Notice 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: 1-888-344-3362 You may also write to the Surety at: SureTec Insurance Company 952 Echo Lane, Suite 450 Houston, Tx 77024 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. 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Required Notices Rider.doc rev. 9_03 P.O. Box 728 Euless, TX 76039 "'"' MAVERICK UTILITY CONSTRUCTION, INC. Phone: 817-684-0858 Fax: 817-684-0360 SCHEDULE OF VALUES - Wachovia Bank - Cappel!, TX 121 N. Denton Tap Rd. Work in Public Easements PUBLIC WATER 10 LF 20 LF 2EA 1 EA 1 EA 1 LS 1 EA 32 SF BOO C-900 OR14 PVC WATER LINE 6" C.900 DR14 PVC WATER LINE 6" MJ Fittings aoo OOCV & Vault 8" x 8" Tapping Sleeve & Valve Trench Safety Erosion Control Concrete Sidewalk 22.20 26.40 403.00 10,560.00 2,431.00 100.00 75.00 8.00 TOTAL PUBLIC SANITARY SEWER 10 LF 600 SDR-35 PVC SEWER LINE 1 LS TRENCH SAFETY 1 LS EROSION CONTROL 24.10 150.00 7500 TOTAL Total Water $ Total Sewer $ Total Value in Public Easements $ 222.00 528.00 806.00 10.560.00 2,431.00 100.00 75.00 256.00 14,978.00 241.00 150.00 75.00 466.00 14f978.VO 466.00 15,444.00