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Park West CC(02-2)-CS060420 THE C I T Y o F corrELL -t-'~- ~~.~* ./A ;?J.~\, >~~'." '......./r/~,.,~~\)-r- f -:.~~';; q ,\' >\ ,)' \ ?, Apnl 20, 2006 Steven A Markussen, P E Pacheco Koch Consultmg Engmeers 8350 N Central Expressway, SUIte 1000 Dallas, TX 75206 RE Park West Commerce Center, Lot 2R-3, Block 2 FInal Acceptance Dear Mr Markussen. RepresentatIves of the CIty of Coppell have confirmed a final mspectIOn of pavmg and utIlIties for the referenced proJect. The two-year mamtenance bonds and as-bUllt drawmgs have been receIved. Matunty on the bonds wIll be two years from the date oftlus letter You may notIfy the MS4 (CIty of Coppell) at an) time dunng the two-year mamtenance penod If stabIlIzatIOn of the site per the SWPPP permIt can be demonstrated. If so, complete and submIt a Notice of TermmatlOn (NOT) to dIscontmue coverage under the S WPPP permIt. A follow-up mspectlOn of the facIlItIes will be conducted pnor to the lapse of the two-year bond penod If any punchlIst Items are noted .1t that tIme, you WIll be contacted to make repaIrs Thanks for your cooperatIOn. / ---- ----, Slllce~, ( ~ . ~___=-- ____ _ _____ _______ ~-~----c-~__-. ,..,~__. _____. ___ I ,> --------.J' \ LaiTY DaVIS I ---- Co,n~ctIOn InSp%ctor KeIth K Marvm, P.E. Offlce Phone (97 ~) 304-3684 ASSistant CIty Engmeer Fax (972) 304-3570 cc Ken Gnffin, P.E ,DIrector of Engmeenng & PublIc Works Glenn Hollowell, P E , Asst. DIrector of Public Works Greg Jones, Chief BUlldmg OffiCIal TIm Oates, Intenm Fire ChIef Bobby Paret Cadence McShane RIck Wyly, MajestIc Realty r ~ f-,f' 1* F U U-'X '.j'_l-'~ * 'f-EL_l TJ'- 7"" I * Tiel y7 yf- '-::::;":2 * Ff,)( Y7::' ~n4 367-:: MAINTENANCE BOND Bond No. S-904 0455 KNOW ALL MEN BY THESE PRESENTS, That we, Osburn Contractors, Inc. 1917 Copper St., Garland, TX 75042-6675 (hereinafter called the .Principalj as Principal, and the Washin1!ton International Insurance Comoanv organized under the laws of the State of Arizona , a corporation duly and duly licensed to transact business in the State of Texas (hereinafter called the .Surety"), as Surety are held and firmly bound unto City ofCoppell, 255 Parkway Blvd., Coppell TX 75019 (hereinafter called the .Obligee"), in the sum of Three Thousand Seven Hundred Fifty And No/IOOths _ _ _ _ _ _ _ _ _ _ _ __ ($ $3,750.00 ) 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 II th day of April ,_z~ THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Cadence McShane dated August 10, 2005 , for Parkwest Commerce Center, 1025 Beltline Rd., Coooell TX 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, 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 Three Thousand Seven Hundred Fifty And No/IOOths _ _ _ _ _ _ _ _ _ _ __ 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. Osburn Contractors, Inc. Principal ~~A/~<> Washington International Insurance Company Surety By: NAS SURETY GROUP NORTH AMERICAN SPECIAL TV INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF A ITORNEY 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 laws of the State of Arizona and having its principal office in the City of llasca, Illinois, each docs hereby make, constitute and appoint: SAMMY JOE MULLIS, JR., JOHN WILLIAM NEWBY, ROBERT DONALD HURST, PATRICIA LEE BARTLETT, JULIE STORM, WILBERT RAYMOND WATSON, CAROL YN J. GOODENOUGH and KRYSTAL LEA WEBER, jointly or severally Its true and lawful Attorney(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 24th 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 behalfofthe 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." ~\\",\UII"III/I/I1I/, A? '\ 4-ry/ ""';.1IO'iAt"""" *~"ot.C~.:.~/'%P.~ By ~ 0. - .t~ '.~'" ,~~~ a ~ ~-3" ~\~~ ~_ .\ !Ii iJ f SfAl "\ 0 % roul D. Am.tutz. rrtslde.1 '" Chief [""Olive Officer orWuhl.Elo. Int.noli..oll..ora... Compa.y '" i e CORPORATE I ~ ~ ~~i.~ 1873 fIIf:;~ Vice Prnidut of Nortll America. Specialty Insunncc Company !;l SEAL /S$ \~.~~" ~~~o! ~ \"~Nl1lllHA~~ll ~'tt4:0~~~~"~ ~~ _..... ~,....... ~1/"111t~I;n\\\\\\*\'\\ ._"" ~""'''''h~tl''~'''''''' By Stenn P. Aodeno~ Eucutive Vice J-nsideat of Washington lattmationallosunDu Cumpaay & Vice President of North American Spt'Ciall)' Insuraoce 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 ~day of November ,20.Q!.. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this -.!2... day of November . 20~, 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. ClFI'ICIilI._ -..- JfOWlM'~ ....f:llLUfifQIII tIIt~..--._.... ~ a-zY'~ Yasmin A. Patel, Notary Public I, James A. Carpenter ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washinb..on International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said North American Specialty Insurance Company and Washington International Insuranee 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 11 thiay of April ,2006. ~~y6~ Jaml.'"S A. Caqx..-ntcl, Vice President & Msistanl Secretary ofWashinglOn InlematioDlIln:iuran~~ Comp.my It Assistanl Secretary of North American Specialty Insurance Company IMPORTANT NOTICE In order to Obtain Information or Make a Complaint: You may call Washington International Insurance Company and/or North American Specialty Insurance Company at the following toll-free number: 800/338-0753 or You may write to them at the following address: Washington International Insurance Company NAS Surety Group 1200 Arlington Heights Road #400 Itasca, IL 60143 You may also 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 the following address: POBox 149104 Austin, TX 78714-9104 April 20, 2006 City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 r- www.osburncontractors.com Re: Parkwest Commerce Center 1025 Beltline Road Following is a cost breakdown for the $7500.00 pertaining to the maintenance bond. 2 approaches 1 Turnlane Total $3,000.00 $4,500.00 $7,500.00 1917 Copper · Garland, TX 75042 · 972-205-9086 · FAX 972-205-9438 MAINTENANCE BOND Bond No. 104520826 KNOW ALL MEN BY THESE PRESENTS: THAT, TRl DAL UTILITIES, LTD., 540 COMMERCE ST., SOUTHLAKE, TX 76092, as Principal and TRA VELERS CASUALTY AND SURETY COMPANY OF AMERlCA a Corporation duly authorized to transact general surety business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL, 255 P ARKW A Y BOULEVARD, COPPELL, TX 75019, hereinafter called the Obligee, in the sum of THIRTY SEVEN THOUSAND FIVE HUNDRED EIGHTY ONE AND 501100 Dollars ($ 37,581.50),lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written agreement with CADENCE MCSHANE, dated the 18th day of August, 2005 for PUBLIC WATER & STORM DRAIN FOR PARK WEST COMMERCE CENTER, COPPELL, TEXAS and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period oftwo (2) years from the date of acceptance of said work, and; THEREFORE, if the said Principal shall for a period of two (2) years from and after the date of acceptance of said work, replace any and all defects arising in said work, whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force. SIGNED, SEALED AND DATED this 12th day of October, 2005. TRl DAL UTILITIES, LTD. :~ D\t1LL- TRAVELERS CASUALTY AND SURETY COMPANY OF AMERlCA Surety By: \'-1Cud,~ ~ ~..JJ PAULINE L. LESCH, Attorney-in-Fact ~STPAUL .. TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-I018 (9/04) IIii STPAUL ~ TRAVELERS St. Paul Travelers Bond 1301 E. Collins Blvd Richardson TX 75081 Phone: 800-842-0612 Fax: 214-570-6405 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, P A 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department ofInsurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 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 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. r--.. '-"Ij IN WITNESS WHEREOF; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 3rd day of February, 2005. STATE OF CONNECTICtIT } SS. Hartford COUNTY OF HARTFORD TRAYELERSCASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPAA'Y FARMINGTON CASUALTY COMPANY /~~~~ -- By George W. Thompson Senior Vice President On this 3rd day of February, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf oflhe corporations by authority of hislher office under the Standing Resolutions thereof. 'f'<\ ~ C-~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 12th day of October W 05 , . .~ ~~~~ By Peter Schwartz Senior Vice President - ~ "" - Reference: WATER PUBLIC QTY UNIT 2 EA 1 EA 3 EA 130 LF 165 LF 60 LF 3 EA 60 LF 60 LF 3 EA 2 EA 2 EA 1 EA 2 EA 355 LF 355 LF .----.., Tri Dal Utilities, Ltd. An Affiliate of Tri Oal, Ltd. ~, PUBLIC BREAKDOWN - Majestic Distribution Ctr. - Cappel 1025 Beltline Drive ITEM OF WORK 8"x8" TEE & VALVE 8"x4" TEE & VALVE CONNECT TO EXISTING 8" DR14 PVC 6" DR14 PVC 2" COPPER RELOCATE FH 4" BORE 8" BORE 8" & 6" BENDS AND FITTINGS 4" BENDS AND FITTINGS 2" DOMESTIC 2" IRRIGATION 8" DOUBLE DC TRENCH SAFETY TEST SUBTOTAL STORM DRAIN PUBLIC QTY UNIT 1 EA 1 EA 15 LF 15 LF 60 LF 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 90 LF ITEM OF WORK CONNECT TO Exist Connect to existi JB 48" CLASS II I RCP 24" CLASS III RCP 18" CLASS III RCP RCP BENDS RCP BENDS 10' CURB INLET 6' CURB INLET 8' x 4' Junction Box 8' x 6' Junction Box TRENCH SAFETY SUBTOTAL TOTAL: $2,436.00 $2,088.00 $435.00 $15.00 $14.00 $13.00 $1,305.00 $112.00 $174.00 $261.00 $53.00 $1,218.00 $1,218.00 $9,048.00 $1.00 $1.00 $435.00 $653.00 $114.00 $37.00 $30.00 $87.00 $131.00 $2,262.00 $1,827.00 $3,393.00 $4,176.00 $4.50 $4,872.00 $2,088.00 $1,305.00 $1,950.00 $2,310.00 $780.00 $3,915.00 $6,720.00 $10,440.00 $783.00 $106.00 $2,436.00 $1,218.00 $18,096.00 $355.00 $355.00 $57,729.00 $435.00 $653.00 $1,710.00 $555.00 $1,800.00 $87.00 $131.00 $2,262.00 $1,827.00 $3,393.00 $4,176.00 $405.00 $17,434.00 $75,163.00