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Service Star-CS070710T H E C I T Y O F COPPELL ~ ~.-- ~ ~~ ~ ~ ~.r ~- ,~~: ~~~,~:> -f• r ~"''` ' 2.~.~~ ~ k "~f` R ,,~.. ~ .q y i July lo, 2007 Brian J. Dench, P.E. Pate Engineers 8150 Brookriver Drive, Suite S-700 Dallas, TX 75247 RE: Vista Point IULot 4, Phase I Final Acceptance Dear Mr. Dench: FILE 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 aeration. Si CaiM`truction Inspector Office Phone: (972) 304-3684 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, Fire Marshal Tim Robitaille, ICI; fx: 972-866-0197 Allen Braddock, Cal-Har; fx: 972-838-2299 2 55 PA R K WF.V * P.O. B O X 54 78 * CO P PE L L T X 750 1 5 * TEL 9? 2/4 6 2 OG22 * FAX 972/304 3673 "Duplicate Original" MAINTENANCE BOND Bond No. 2075362 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT CalHar Construction, Inc. 2138 CalHar Drive, Melissa, TX 75454 and ____North American Specialty Insurance Company under the laws of New Hampshire as Principal, a corporation organized as sureties, da hf~reby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell, TX a Municipal Corporation, Texas, the sum of Three Thousand, Eight Hundred Sixty-Two and 50/100 - - - - Dollars and Cents ($ 3,862.50 ) ,for the payment of which sum will a.nd truly be made unto said City of Coppell, Tx ,and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said CalHar Construction, Inc. has this day entered into a written contract with the said ICI Construction, Inc. to build and construct Water, Sanitary Sewer, and Storm Sewer for MFC - FirestoneNista Point II, 695 & 697 SH 121, Coppell, Texas which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of twa (2} yeazs from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be oa:asioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason. of defective material and chazge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said Maintenance Bond Page 1 of 2 pravi,sions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell, Tx shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may i>e and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said CalHar Construction, Inc. has caused these presents to be executed by and i11e said North American Specialty Insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Patricia Lee Bartlett ,has hereunto set his hand, the 5th day of April , 20 07 P>~rrciPAi, Cal onst tion, Inc. By:_ ~ ..._ _. SURETY North American Specialty Insurance Company Title: V ~ P. S: NOTF;: Date of Maintenance Bond must not be prior to date of Contract. Title: Patricia Lee Bartlett, Attorney-in-Fact Witness: g,~x ~. ~, dy Roney, ency Re entative Maintenance Bond Page 2 of 2 NASSURETY 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 Intemational Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: SAMMY JOE MULLIS, JR., JOHN WILLIAM NEWBY, ROBERT DONALD HURST, PATRICIA LEE BARTLETT JULIE STORM WILBERT RAYMOND WATSON CAROLYN J. GOODENOUGH and SANDRA LEE RONEY 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 aze 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 Attomey 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 Attomey 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 Attomey 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." ~t`~`~tiaurv fi~,~in d*nowreMttyia ~~Qr4G...... r~ ~,~ ttBNAt K Z h GgNPOgjT..G _ ~ ~(j 9 -~3r~ SEAi A ~'- Stevm P. Anderso President & Chief Executive Otnur of Washin Sy~Q jj ~~~~ ~~ -oT i ; m. °+ gton Internadond Insurance Company & = o. I~ ~'^ i ~;.~ 7873 ep, O ~ Vice President of North Amerieao Specialty lwunuce Company co S E~ I. 4 .ildl lllll111N \ By ~4"?,t,,, ..ya,~,,,-,.-.„^"_ ryytnr*uM`s pevid M. Layman, Viu President of Wa'shingtao lntetnaeonsl losuraou Company & Viu Prexident of North Aau:ACaa Specialty Insutanu Compuny IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 23rd day of January , 2006 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 23rd day of January , 20~ before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , 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. "`Q L S1rALr, j/ SUSAN J~tBFI. i ..••.- (/~""' t~NBtaryPudic„l~eaiginois Susan Ansel, Notary Public NlyCommrbsiort Extwres 7i6d2ilp6 I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey 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 ~~ day of Aprll , 2007 . ~~~- James A. Carparter, Vice Presidem & Assistant Secretary of Wtd~ington Intemational Insurance Company & North American Specialty Inswance Company IlVIPORTANT 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, II. 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: P O Boa 149104 Austin, TX 78714-9104 ~~ Construction, Inc. Apri15, 2007 City of Coppell Engineering Dept. Attn: Larry Davis Project: MFC (Firestone /Vista Point II) Location: 695 & 697 SH121 Coppell, Texas Owner: Servicestar Development General Contractor: ICI Construction, Inc. Civil Engineer: Pate Engineers Site Utilities Sub-Contractor: Ca1Har Construction, Inc. Right of Way Breakout for Site Utilities Located in the City Easements: ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL FIRESTONE WATER 1 2" Irrigation Service Only 1 EA $ 2,900.00 $ 2,900.00 2 1" Domestic Service Only 1 EA $ 1,850.00 $ 1,850.00 3 1 1/2" Domestic Service Only for Future 1 EA $ 2,900.00 $ 2,900.00 4 Trench Safety 1 LS $ 75.00 $ 75.00 TOTAL $ 7,725.00 SANITARY SEWER All Private STORM SEWER All Private TOTAL VALUE OF WORK LOCATED IN THE PUBLIC ROW: $ 7,725.00 NOTES: 1.) A 2YR/50% Maintenance Bond is to be provided to the City of Coppell upon completion of the above work. 2138 CalHar Drive * Melissa, Texas 15454 * Office 972-838-2999 * Fax 972-838-2289 MAINTENANCE BOND Bond No. 5-904 7297 KNOW ALL MEN BY THESE PRESENTS, That we, Osborn Contractors, Inc., 1917 Copper St., Garland, TX 75042-6675 {hereinafter called the "Principal's as Principal, and the Washington International Insurance Company , a corporation duly organized under the laws of the State Of Arizona 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, Texas {hereinafter called the "Obligee"), in the SUm Of Three Thousand Seven Hundred Fifty And No/100ths - - - - - - - - - - - - - {$ ~3,7so.oo )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 acxi severally, firmly by these presents. Signed and sealed this 2atn day of July , _2~~7 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Bullard Construction dated 6/30/06 , fOr __Vista Point Phase II.621.633 & 645 E. HZvv 121, Copnell. TX WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or famished 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 bss 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, insurrec#ion, riot or civil commotion, nor any act of God. 1# 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 Five Hundred And No/100ths - - - - - - - - - - - - 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. . Osborn Contractors, Inc. Principal By: ~..~ Washington International Insurance_Caax-tnany__ Surety Sandra Lee Ror~ev,~ Att ey-in-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 laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: SAMMY JOE MULLIS, JR., JOHN WILLIAM NEWBY, ROBERT DONALD HURST, PATRICIA LEE BARTLETT JULIE STORM, W[LBERT RAYMOND WATSON, CAROLYN J. GOODENOUGH and SANDRA LEE RONEY 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 24`s 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 Attomey 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" a~~~'~V,LIirY j ~~~4i a'StONAS~r'ya, y ~pPOgjT~G a 13 - ...~.. ~R` S~ G y ~: j~'~ 4 ~+, S~~ ~ = Stevea P. Andermn, President & Chief Esecutlve Oftcer of Waahingtoo Internatbnal Insurance Company & ~-~. f ~~~~ Z ~~~';qy 1873 ey~ri n ~ Viu President of North American Specialty Imunnce Company ~peOt S ~+~ ~ 3 ~i'? ~'' 'YAMPt'~~, o _r~ ~AR1x3Mll/,,~~ /,'/'~h~~ql luaN~~b~~i By ~psNrhk'.? _ ~^.. Ta4~"~"~~~.,.,,.,* N ,~p~ mrr•+v.sN David M. Layman, Vice President of Waihfngtoo Intetnafional loaurance Company & Viee Presideal of North American Specially lnsurana Conspauy IN WITNESS WHEREOF, North American Specialty Insuracce Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 23rd day of January , 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 23rd day of January , 20 06~ before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington Intemational 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 Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "dFflCiAL S~AI." <1~ .~ G Ltra r--~ SUSAN ABfSI=I. ~ ;+tfJteryPuClic,Sl~1e'oi~irssis Susan Ansel, Notary Public Sky Canrnhs+ai Ex~irts 7atid7006 I, James A. Carpenter ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational 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 24thday of July , 2007 . Jaznas A. Carpenter, Vice President & Assistant Secretary of Washington Intemational Insurance Company & Nordt Attudcan Specialty Insurance Company IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jim Carpenter, Vice President - Claims, at 1-800-338-0753. You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll-free number for information or to make a complaint at: 1-800-338-0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 1200 Arlington Heights Road #400 Itasca, IL 60143 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a~tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and/or North American Specialty Insurance Company. 1f the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become apart or condition of the attached document. AVISO IMPORTANTE Para obtener information o pars someter un queja: Puede comunicarse con Jim Carpenter, Vice President -Claims, al 1-800-338-0753. Usted puede llamr al numero de telefono gratis de Washington International Insurance Company and/or North American Specialty Insurance Company's pars information o Para someter una queja al: 1-800-338-0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty Insurance Company al: 1200 Arlington Heights Road #400 Itasca, IL 60143 Puede escribir al Departmento de Seguros de Texas Para obtener information acerca de companias, coberturas, derechos o quejas al: 1- 800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Consu merProtection(a~tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Washington International Insurance Company and/or North American Specialty Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo pars proposito de infromacion y no se converte en parte o condition del documento adjunto.