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Freeport NIP(8.0)-CS090108 " ---- MAINTENANCE BOND Bond No. S-902 9932 KNOW ALL MEN BY THESE PRESENTS, That we, C-Con Services, Inc., 11127 Shady Trail, Suite 108, Dallas, TX 75229 (hereinafter called the .Principal1 as Principal, and the Washinl!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 of Coppell, 255 Parkway Blvd., Coppell, Texas (hereinafter called the .Obligeej, in the sum of Eleven Thousand Eighty-Eight And No/I00ths - - - - - - - - - - - -- ($ 11,088.00 ) 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 24th day of February ,_z~ THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Duke Construction dated December 6, 2004 , for Sanitary Sewer and Water for Freeport 11 & 12, Freeport Parkway, C!lPpell, Texas 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 Eleven Thousand Eighty-Eight And No/I00ths - - - - - - - - - - -- Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person I firm or corporation, other than the obligee herein named. C-Con Services, Inc. Principal By: ~~ Washington International Insurance Company Surety By: jJ~~ Ad:-W Patricia Lee Bartlett Attorney-in-Fact ~ POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ENDORSEMENT Coverage for acts of terrorism as defined in 9 102(1) of the Terrorism Risk Insurance Act of 2002 ("the Act") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is ~ As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassuretV.com or you may call our office at 630- 227- 4825. REV: 2/03 agent notice r- NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERALPO~ROFATTORNEY 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 officc in the City ofltasca, 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 KR YST AL 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 pennitted 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 Rcsolutions 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 attorncy named in the given Power of Attorney to execute on behalf of the Company bonds, undcrtakings and all contracts of surety, and that each or any of them hereby is authorized to attcst 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 ofthe 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." "",\I\llllIllIII/IIJIM A'? J ~' .......:.;.::;~:""'.. >J.'" ~Tl',...!4 K.4 - ,..........-....1+.:., 4~i&iCUi.f:;.%\ By -..-r. . l".f:~"'~\ ~i)f SEAL \~% - S# CORPORA1t\p.a =iI!' . r.ul D. AmStlltz, Prnidnt& CbidEucudveom~er orW.shiDCto.IDter..tionaIIDSUraDCCC."paIDY" 1- SE Al I - i ":!ll~ 1&73 ~f Vice Presideat o( North America. Sped.lly I..urance Compaay ! =. "I g g ~-~.:~ #" ~ \~ :---..,AJlIlll!lA./ 1 ~ ~~~~~~ ,// ....~ -.... ~/ f$1J1"I"~I:l\\\\'\~ , Y" . "''''f'''f'''~''l''''''~'\ By SteveD P. Aadenoa" ElIf~utive Vice Prnklfat or Wulllngtd Intematlonal IDluraac:e Company &r: Vice President or Nortll American Spedalty Inlurance 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 ....!Lday of November ,20.2i.... North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this ~ 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. omc:w._ -..- lIIOIMr' --....c . ... (If" llu<<:lll ..,~~-...... ~ a-e.P~ Yasmin A. Patel, Notary Public I, James A. Carpenter ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington 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 Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals ofthe Companies this 24th day of February ,2005. ~'"H~~ Jame.s A. CarpcueI', Vice Prc5ident &: Assistanl Sccn:lary u(Wuhingwnlntcrnalionallnsurancc Company & Assistant Secretary of North American Specialty Insurance Company r-- r- 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, n.. 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 ApT 22 05 12: 48p coopr~ EXCAVATION 972;:>-435227 p.2 C-Con Services, Inc. 11127 Shady Trail Suite 108 Dallas, Texas 75229 Office: 972-243-5455 Metro: 972-988-0200 Fax: 972-243-5227 ESTIMATING DEPARTMENT FREEPORT WAREHOUSES December 6,2004 PUBLIC SANITARY SEWER QUAN. UNIT COST TOTAL 8" SEWER 325 LF $ 13.00 $ 4,225.00 MANHOLE 2 EA $ 2,200.00 $ 4.400.00 TRENCH SAFETY 1 LS $ 1,000.00 $ 1,000,00 $ 9,625.00 WATER 8" WATER MAIN 10 LF $ 15,00 $ 150.00 12" X 8" TS & VALVE 1 EA $ 5,000.00 $ 5,000.00 2" DOMESTIC TAP 2 EA $ 1,600.00 $ 3,200.00 2" IRRIGATION TAP 2 EA $ 1,600,00 $ 3,200,00 FITTINGS 2 EA $ 300.00 $ 600.00 TRENCH SAFETY 1 LS $ 400,00 $ 400,00 $ 12,550.00 TOTAL PUBLIC $ 22,175.00 THANK YOU; RICKY HAUN Page 1 of 1