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Duke Lesley 3C-CS080320 THE.CITY.OF corrELL March 20,2008 Keith Flowers Duke Construction 14241 N. Dallas Parbvay, Suite 1000 Dallas, TX 75254 RE: Duke Lesley Addition, Point West 1, Lotl Block C Final Acceptance Lener Dear Mr. Flowers: 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 pennit can be demonstrated. If so, complete and submit a 1\otice 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. ThanQ'ooperation. ----------. 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 \1arshal 255 PARKWAY * P.O BOX 9478 * COPPELL TX 75019 "* TEL 972/462 0022 * FAX 972/304 3673 MAINTENANCE BOND Bond No. 46BCSEZ2869 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 Twenty -Two Thousand Three Hundred Seventy -Nine And No /100ths (;$22,379.00 ) 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 13th day of March 2008 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Duke Construction dated 4/30/2007 , for approaches and city sidewalks for Point West 1- Office building, 1525 South Beltline Road, Coppell, TX 75019 WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or fumished 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 Twenty -Two Thousand Three Hundred Seventy -Nine And No /100ths (522,379.00) 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. POTTER CONCRETE, LTD. HARTFORD CASUALTY INSURANCE COMPANY Signatu. Blo Principal Surety POTT C'i NC i ' ► : � ter t4 , B�' v �s ill: _ I . General Partner By: � .:.:.��.� Michele Degnon A • mey -In -Fact Direct Inquiries /Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860 - 757 -5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 4 6 4 614 96 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X I 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 the 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 UNL IN I TED DENNIS DOWD, JOHN D. FULKERSON, KAE PERDUE, TOM P. ELLIS, III, DONNIE D. DOAN, MICHELE DEGNON, DEBBIE SMITH 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(ies) only as delineated above by N, 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 January 22, 2004, 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. q 4 0, - f• 4,, �• r. 9 - � �r,f, - 1 , t t • ^;. 2 0 .CE C p er ry g W ' 0 � Y F� 1 ( .,' SC it }�-- f ltrfs '� nrntaR. :' • �� #'� 'r � 4,EN „,, //j, j`� m _ ,,,,_ -, ,.. Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, A Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) On this 1st day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; 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. •l_/�C � S Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 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 Attorney executed by said Companies, which is still in full force effective as of March 13 , 2008 Signed and sealed at the City of Hartford. " YY fijL f /it 0. ^ 1L PS, .. 0 .iE tg .ie" . . at 4 r ° .ee t 90 r pao. r c { , .14” s ctr • T a rt! %;- . A'`i4 . 4 #,'�, w , ✓` p ' �` i Gary W. Stumper, Assistant Vice President POA 2007 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja. You may contact your agent. Puede comunicarse con su agente. You may call Hartford Insurance Group at the toll free telephone number for information or to Usted puede Ilamar al numero de telefono make a complaint at: gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1- 800 - 392 -7805 1- 800 - 392 -7805 You may also write to The Hartford: Usted tambien puede escribir a The Hartford. The Hartford The Hartford Hartford Financial Products 2 Park Avenue, 5 Floor Hartford Financial Products New York, New York 10016 2 Park Avenue, 5 Floor 1- 212 - 277 -0400 New York, New York 10016 1- 212- 277 -0400 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, coverages, rights or complaints at: Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800 - 252 -3439 1- 800 - 252 -3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax Number (512) 475 -1771 Fax Number (512) 475 -1771 Web: http:jvww.tdi.state,tx.us Web n tdi state. >.a E -mail: ConsumerProtection @tdi.state.tx.us E -mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should DISPUTAS SOBRE PRIMAS 0 RECLAMOS: you have a dispute concerning your Si tiene una disputa concerniente a su premium or about a claim you should prima o a un reclamo, debe comunicarse contact the agent first. If the dispute is not con su agente primero. Si no se resuelve la resolved, you may contact the Texas disputa, puede entonces comunicarse con Department of Insurance. el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for your information only and es solo para proposito de informacion y no does not become a part or condition of the se convierte en parte o condicion del attached document. documento adjunto. F- 4275 -1, ./TX4275 -1 HR 42 H006 00 0807 Bond / /46BCSEW9157 MAINTEI A1VC5I1OND STATE OF TEXAS } COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: THAT San Saba Construction Services, Inc. as Principal, and Hartford Insurance nsurance Company Fire , a corporation organized under the laws of Connecticut do hereby expressly acknowledge � �'•� � sureties, g thettmselves 10 be held and bound to pay unto the City of _Coppell, Texas n Municipal Corporation, Texas, the stun of Seventy four thousand nine hundred ninety three Dollars and no /100 Cents ($ 74, 993.00 ) . for the payment of which steer will and truly be made unto said City of Coppell, TX and its successors, said principal and sureties do bereby bind themselves, their assigns and successors jointly and severally. TII1S obligation is conditioned; however, that whereas, San Saba Construction Services, Inc, the said has this day entered into a written contract with the said Duke Realt L.P. to build and construct Water,_Sewer and Storm Drainage Facilities — Point West Office 1 which contract and the plans and specifications therein mentioned, ado City of Coppell, TX )� by Me hereby expressly made a pan thereof as through the same were writren slid embodied herein. - WHEREAS, under the plans, specifcations, 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 two (2) years from the date of the acceptance of said work, and to do all necessary repairs and /or reconstruuion in whole or in part of said improvemerus that should be occasioned by cettiement of foundation, defective workmerubip or materials furnished in the construction or Any part thereof or any of the acCeattorie3 thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions ansing by reason of defective material and charge the same against the said Contractor, and sureties oa this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages ttuncioned in said contract for each day's failure on its' part to comply with the terms of said Mein:t, once Pend Pape l of • provisions of said contract. Now therefore, if the said Contractor shalt keep and perform its said agreement to maintain said work and keep of two 2 the same in ICl30ir for the said mainttnanrx period () years, as provided, then the presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the pei romance of its' contact to so maintain and repair said work, then these presents shall have full for and effect. and said City of Coppei Tx shall have and receive from the said Contractor and its' principal and sureties damages in the Pees, 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 be and had hereby, for successive branches until the full amount shalt have been exhausted and it is hulher understood Mar the obligation herein ro maintain said work shall continue throughout said maintenance period, and the same shall not be chanted, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said San Saba Construction Services Inc. caused these presents to be executed by — hag and the said Hartford Fire Insurance Company b has e executed by its Attorney in fact and t — a aid caused chest in senrf Tracy Tucker , 20 08 l nY hcreua set his hared. the 13th day of March PRINCIPAL SURETY San S -..a Co, tru. ion Services, nc. Hartford Fire Insurance Company By: . l e t :1 ' ' 411111iri Allr■ Ti e; �. % f Title: Tracy ucker, Attorney -in -Fact. wrTNrss' • Ill WIT NOtZ; Date e P f f Matnlrnance Band oust not b dorm dare a Cotrrraci, Mmnre/once Eland Page 2 of 2 POWER IF ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 X Hartford Fire Insurance Company Twin City Fire Insurance Company X Hartford Casualty Insurance Company Hartford Insurance Company of Illinois x Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and 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: Tracy Tucker, Tobin Tucker, W. Lawrence Brown of Fort Worth, TX 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(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 September 12th, 2000, 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. " Q u1x v �, te s, y b cr� ; e; n*n 9 � o ceo.rr.rro�: F oar o 1 . `'f axa kY o "" Eli • t 1987 - ,^,I - a * 7 .` i , } v �1►d 5%l . l .l� g hcV ;b1A7�► . `� � t 4 '# r ''«�a� '. t •+ �`�y �`° iyr• -. ..;� 4 '� 4‘ ' ,t 74 °'P s x . 2 St74 �f Paul A. Bergenholtz, Assistant Secretary John P. Hyland, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 19 day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; 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. ? xor+wr • Jean H. Wozniak CERTIFICATE Notary Public My Commission Expires June 30, 2004 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 Attorney executed by said Companies, which is still in full force effective as of March 13, 2008 Signed and sealed at the City of Hartford. 0TV rrsy� wzrr:. �tciN v�,tes d .. . a e"csa • o � i M q3 e n..rv. r a: L V a r "Mwv� tY f : ; RPOR • " -A t {� • , g fit*, y 19 8 7 ^ ta « � * d {T +..� °axirre,w�'„ /�b�7�Mb � � 9 fi " ° �' ' `••. •' + [� . y�� , "t • ` 5"7, • Colleen Mastroianni, Assistant Vice President IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja. You may contact your agent. Puede comunicarse con su agente. You may call Hartford Insurance Group at the toll free telephone number for information or to Usted puede Ilamar al numero de telefono make a complaint at: gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1- 800 - 392 -7805 1- 800 - 392 -7805 You may also write to The Hartford: Usted tambien puede escribir a The Hartford. The Hartford Hartford Financial Products The Hartford Hartford Financial Products 2 Park Avenue, 5 Floor New York, New York 10016 2 Park Avenue, 5 Floor 1- 212 - 277 -0400 New York, New York 10016 1- 212- 277 -0400 You may contact the Texas Department of Insurance to obtain information on companies, Puede comunicarse con el Departamento de coverages, rights or complaints at: Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800 - 252 -3439 1- 800 - 252 -3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax Number (512) 475 -1771 Fax Number (512) 475 -1771 Web: http: / /www.tdi.state.tx.us Web: http://ww1N.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should DISPUTAS SOBRE PRIMAS 0 RECLAMOS: you have a dispute concerning your Si tiene una disputa concerniente a su premium or about a claim you should prima o a un reclamo, debe comunicarse contact the agent first. If the dispute is not con su agente primero. Si no se resuelve la resolved, you may contact the Texas disputa, puede entonces comunicarse con Department of Insurance. el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for your information only and es solo para proposito de informacion y no does not become a part or condition of the se convierte en parte o condicion del attached document. documento adjunto. F- 4275 -1, ./TX4275 -1 HR 42 H006 00 0807 07/13/2008 23:46 977 88088 PAGE 02/03 SAN SABA CONSTRUCTION SERVICES INC, 3100 INDEPENDENCE PKWY 311 MBN -314 Plano, Texas 75075 972- 509 -8889 972 - 509- 8088(FAX) CONTRACT AND SALES PROPOSAL 1 of 2 Client: DUKE Page: Project: POINTE WEST I Date: 4/10/2007 COPPELL TEXS B BB Job #: � r sI 1, I, PUBLIC WATER ,l )4..��I1 I ; � ;., , IIT CONN TO EXIST 2 EA $ 2,800.00 $5,600.00 8" DR -18 PVC WATER PIPE 100 LF $ 35.00 $3,500.00 ,2" WATER SERVICES 2 EA $ 1,500.00 $3,000.00 TEST 1 LS $ 900.00 $900.00 TRENCH SAFETY 1 L_S $ 900.00 $900.00 TOTAL FOR PUBLIC WORK $13,900.00 SEWER CONNECT TO EXIST 1 EA $ 1,500.00 $1,500.00 8" SDR -35 PVC SEWER PIPE 20 LF $ 34.00 $680.00 TRENCH SAFETY 1 LS $ 900.00 $900.00 TEST 1 LS $ 900.00 $900.00 TOTAL FOR PRIVATE SEWER $3,980,00 07/13/2008 23:46 972F098088 PAGE 03/03 SAN SABA CONSTRUCTION SERVICES INC. 3100 INDEPENDENCE PKWY 311 MBN -314 Plano, Texas 75075 972 -509 -8889 972 - 509- 8088(FAX) CONTRACT AND SALES PROPOSAL 2 of 2 Client: DUKE Page: Project: POINTE WEST I Date: 4/10/2007 COPPELL TEXS By: BB Job #: yew l'I +I }ia l!I ; ; ,.. ;ql i ,,III Ymp� � y � !!!yy ���� yy I' I „ � � L i�ill +i '':IIII I il I li "III14: I;'i4; s '� :I ,WIW IWI', N i I '. �h' '� 'r �I'il II � ',1 llnl „I'l l I'I,,,,i ':� p� � I ' I � i . � � �u 1I��' WW�. ((f�f ���yy������!!����WWu I �ti::. ���y��h�y7��{�� {III l' v,� 'I��IIWWIIWWII �li 41 ,li i.ir��l; l'i;iYLVi °��I'"1'YW,�.is ; . .t STORM DRAIN CONN TO EXIST 60” RCP 1 EA $ 2,800.00 $2,800.00 PLATES AND BARRICADES 1 LS $ 2,000.00 $2,000.00 REMOVE AND REPLACE PAVING 700 SF $ 18.00 $12,600.00 18" PIPE 60 LF $ 38.00 $2,280.00 24" PIPE 20 LF $ 58.00 $1,160.00 30" PIPE _ 40 LF $ 65.00 $2,600.00 42" PIPE 40 LF $ 120.00 $4,800.00 48" PIPE 214 LF $ 144.00 $30,816.00 54" PIPE 430 LF $ 165.00 $70,950,00 TRENCH SAFETY 1 LS $ 2,100.00 $2,100.00 TOTAL FOR STORM $132,106.00 SUB - TOTAL FOR PUBLIC WATER $13,900.00 SUB -TOTAL FOR PRIVATE SEWER $3,980.00 SUB -TOTAL FOR STORM DRAIN $132,106.00 TOTAL PROJECT $149,980