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Freeport NIP(7.0)-CS040304
COPPELL March 4, 2004 C. Jack Evans, P.E. Pacheco Koch 8350 N. Central Expwy. Suite 1000 Dallas, TX 75206 RE: Freeport X, Lot 3 Block A (Container Store) 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. Sincere/}y~ ,~ ~ac~specP~to?~ Office Phone: (972) 304-3684 Fax: (972) 304-3570 CC: Ken Griffin, Director of Engineering & Public Works Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Vernon Gilmore, Acting Fire Marshal Jeff Langston, Duke Construction Mike Cox, Duke Construction MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: BOND NO. TXIFSU0341762 That CalHar Construction, Inc. as Principal, and International Fidelity Insurance Company, as Surety, are held and firmly bound unto City of Coppell Obligee, in the full and just sum of FIFTY-ONE IHOUSAND ONE HUNDRED TWENTY-FIVE AND 7§/1001HS Dollars {$51,125.75), lawful money of the United States for the payment whereof, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated 3rd of February, 2003 with Duke Construction for Underground Site Utilities in Public Right of Way at Freeport X/Container Store, 500 Freeport Parkway, Coppell, TX and WHEREAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) year(s) after approval of the final acceptance on said job, by the City, against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by mason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void, otherwise to remain in full force and effect. Signed, Sealed and Dated This 16th Day of May, 2003. (Witness) (W~tness) CalHar Construction, Inc. (Principal) By: ~/~T~-~ ~)_. International Fidelity Insurance Company By: (Surety) Michael B. Hill, Attorney-In-Fact Tel (973) 624-7200 PuWER ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW AIL~ MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized a~d existing laws of the Slate of New Jersey, and having its principal office in the City of Newark, New Jersey. does hereby constitute and appoint CINDY FOWLER, DEBBiE SMITH, MICHAEL B. HILL, WILLIAM D. BALDWIN, suzANNE C. BALDWIN Richardson, TX. ts true and awfu att°rney(s)-in-faet o execute seal and deliver for and on its behalf as surety any and ail bonds and undertakings contracts of indemnity and other wr tings ob igatory n the nature thereof, which are or may be allowed required or permittedby law slature, rule, regulation; contract Or otherwise, and the execution of such nstrument(s) in pursuance of these presents, shall be as binding upon me said INTERNATIQNAL FIDELITY IN.~SU~MN(~lg COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by ~ts regularly elected officers at tls principal office. Th s Power of Attorney is executed, and maybe revoked pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of ~ATIONAL FIDELITY INSURANCE COMPANY at a meet ng ca ed and he d on the 7th day ofFebraary, i974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Atmrnays-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undermkthgs, contxacts of indenm ty and other wr tings ob gatory in the r~ature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of Apr , 1982 of which the following is a true excerpt: Now therefore the s gnatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by lacs m e and any such power of attorney or certificate bearing such facsimile s~gnatures or facsimile semshall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company inthe future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. County of EssexSTATE OF NEW/ERSEY ~ ~INTERNATIONAL FIDEL~CE COM~ On this 31st da~, of August 1998 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn said the he ~s the therein described and authorized officer of the INTERNATIONA~ FIDELITY INSURttNCE COMPANY; that the sea~ffixed to~ sam inslxument s the Corporate Sea of sa d Company; that the said Corporate Seal and fus stgnature were duly affixed b) order of the Board of D rectors o said Company. IN TESTIMONY WHEREOF. I have hereunto set my hand affixed my Official Seal. at the Cio of Newark. New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov, 21. 2005 1. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby cerfif~ that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect 16th May, 2003 IN TESTIMONY WHEREOF. I have hereunto set my hand this day of IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call International Fidelity Insurance Company's toll-free telephone number for information or to make a complaint at: 800-333-4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20th Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. May 14, 20{}3 City of Coppell / Engineering Department Attention: Larry Davis 255 Parkway Blvd. Coppell, Texas 75019 Project: Location: Freeport X / Container Store 500 Freeport Parkway Coppell, Texas Proposal #22655: Right-Of-Way Breakdown For Underground Site Utilities ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PUBLIC WATER: I 8" DR 14 1140 LF $ 16.00 $ 18,240.00 2 8" DR 14 Fire Hydrant Lead 485 LF $ 16.00 $ 7,760.00 3 6" DR 14 Fire Hydrant Lead 753 I,F S 15.50 $ 11,671.50 4 10" Gme Valve I EA $ 1.075.00 $ 1,075.00 5 8" Gate Valve 4 EA $ 725.01) $ 2,900.00 6 6" Gat~ Valve 3 EA $ 525.00 $ 1,575.00 7 2" Domestic Service Connection 2 EA $ 1.200.00 $ 2,400.00 8 2" Irrigation Service Connection 2 EA $ 1.200.00 $ 2,400.00 9 8x6 Tapping Sleeve & Valw,' 5 EA $ 1.650.00 $ 8,250.00 10 Standard Fire Hydrant 17 EA $ 1.280.00 $ 21,760.00 11 Remove/Replace Pavement 5 SY $ 65.00 $ 325.00 12 Fittings; (With Mega Lugs) 15 EA $ 300.00 $ 4,500.00 13 Trench Safety. I LS $ 100.00 $ 100.00 Sub-total: $ 82,956.50 PUBLIC SANITARY: 8" SDR 35 50 LF $ I5.75 $ 14,695.00 Bore fcr 8" Line 30 LF $ 150.00 $ 4,500.00 Trench Safety I LS $ 100.00 $ 100.00 Sub-total: $ 19,295.00 PUBLIC STORM SEWER: N/A TOTAL WORK in PUBLIC ROW: $ 102,251.50 ] NOTES: I.) A 2YR/50% Maintenance Bond is to be provided to the Ci£3 upon completion of the above work. 2138 CaIHar Drive * Melissa, Texas 75454 * Office 972/838-2888 * Fax 972/838-2299 Bond No. 46BCSCR1936 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete, Ltd., 4820 Gretna, Dallas, TX 75207 (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 the City of Coppell, Texas (hereinafter called the "Obligee"), in the sum of Twenty Six Thousand One Hundred Fifty and no/100 Dollars ($26,150.00) 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 9th day of January, 2004. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the said Principal has heretofore entered into a contract with Duke Construction dated January 28, 2003 for city sidewalks and approaches for Freeport X, 500 Freeport Parkway, 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 indemnity 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, dot 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 Twenty Six Thousand One Hundred Fifty and no/100 Dollars ($26,150.00). No right of action shall occur upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, othe~thanthe Obli. gee herein named. tgnature Blocks. HARTFORD CASUALTY INSURANCE COMPANY Michele Degnon, ,~ttor~,~-in-Fact Direct Inquiries/Claims to: POWER OF ATTORNEY T.E.^RTFORD o. , 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: A~ency Code: 46 461496 ~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ~ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of thc State of Connecticut ~ Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut [--'~ Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana ~ Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois ~ Hartford Insurance Company of the Midwest a corporation duly organized under the laws of the State of Indiana ~ 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 the amount of UNLIMITED : DENNIS DOWD, JOHN D. FULICERSON, KAE GIBBONS, BILLY DON HENRY, TOM P. ELLIS, III, DONNIE D. DOAN, MICHELE DEGNON, TRACY L. GINGRAS, MICHELE MARIE MARIANO, JAMES MICHAEL RUTLEDGE OF DALLAS, TEXAS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by [5~], 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 per[ormance 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 Attorney. Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE 01: CONNECTI£1JT 1~ Hartford ss. COlJNIY OF ttARTFORD 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. I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct c~py~ftheP~wer~fAtt~rneyexecutedbysaidc~mpanies'whichissti~~infu~~f~rcee~ectiveas~f January 9 2004 Signed and sealed at the City of Hartford. Yves Cantin, Assistant Vice President PeA 2003 Inquiries Regarding Claims Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number Fax - Claims E-mail Mailing Address 888-266-3488 860-757-5835 or 860-547-8265 claims~,_,l stepsuret¥.com The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 ~sumd% Name Potter Concrete, Ltd. ~su~d% Mailing Address 4820 Gretna Dallas, TX 75207 Policy Number 46BCSCR1936 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: I $0 I Form B-3333-0 Page 1 of 1 © 2002, The Hartford NCRETE, LTD. Concrete Contractors Golden Trowel Award Winner 3anuary 9, 2004 Mr..left Langston Duke Construction 5495 Beltline Road, Suite 360 Dallas, Texas 75254 RE: FREEPORT 10 Dear ]eft: Please find listed below the breakdown you requested for the above referenced project. cTrY SIDEWALKS APPROACH ES $ 30,000.00 $ 22,300.00 $ 52,300.00 Please review the above and if you have any questions please do not hesitate to call. Sincerely, PO'I'rER CONCRETE, LTD. Brant Cox Project Manager BC/sd 4820 Gretna Dallas, Texas 75207 Office 214-630-2191 Fax 214-689-1066 [~S%]