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ST0004(2006)-CN060731 ~ --- THE.CITY.OF COPPELL -1L~.* *.~ ~~_~ ~ ~;~~. .\' 1I.s . \ '0 September 12, 2006 Advanced Paving Company 2257 Joe Field Rd Dallas TX 75229 RE: Freeport Parkway Reconstruction, #ST 00-04 (2006) Final Acceptance Dear Ms. Seale: Representatives of the City of Coppell have confirmed a final inspection of paving for the referenced project. Maturity on the two-year maintenance bond will be two years from the date of this letter. A follow-up inspection of the project 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 cooperation. ~y.~~ Keith R. Marvin, P .E. Assistant City Engineer Office: 972-304-7044 Fax: 972-304-3570 kmarvin@ci.coppell. tx. us -,~ cc: Ken Griffin, P.E., Director of Engineering & Public Works Glenn Hollowell, P.E., Asst. Director of Public Works Per Birdsall, Street Operations Manager 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 ---- Bond No. 4350821 MAINTENANCE BOND -- STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THA T Advanced Paving Co. as Principal, and SureTec Insurance Company , a corporation organized under the laws of Texas , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell a Municipal Corporation, Texas, the sum of Two Hundred Nine Thousand, Three Hundred Ninety Three Dollars and 46 Cents ($ 209,393.46 ) , for the pa)1l1ellt of which sum will and truly be made unto said City of Coppell , 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 Advanced Paving Co. has this day entered into a written contract with the said City of Coppell to build and construct Freeport Parkway Reconstruction, Pojrect No. ST 00-04 '2006', Bid No. Q-0106-03 which contract and the plans and specifications therein mentioned, adopted by the City of Coppell 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 two (2) years 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 occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto (;onstructed by the Contractor. It being un,derstood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge 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 provisions 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 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 be and had hereon for 2-14 Contract Documents ~ successive branches until the full amount shall have been exhausted; and it is nlrther 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 Advanced Paving Co. has caused these presents to be executed by and the said SureTec Insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Robbi Morales , has hereunto set his h d, the 31 day of July ,2006. PRINCIPAL Advanced Pav' SURETY SureTec Insurance Company By:g ~-"~-?Yl~ Title: Robbi Morales, Attorney-in-fact ATTEST: NOTE. Dat, af Main ",anc, Band mU~'Pria' '" da" I::~~ 2-15 Contract Documents ---- ,-., POA #: 4221097 SureTec Insurance Company LIMITED POWER OF ATTORNEY KnolV All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Lisa M. Bonnot, Robbi Morales, Jerry P. Rose, Don E. Cornell, Chris J. Kutter, Luke 1. Nolan, k, Christine Davis of Dallas, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakin:gs or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/lOO Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and continning all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until June 30, 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, a.'y Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal onhe Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999) III Witness Whereof, SURETEC INSURANCE CaMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ~1:UIl~I'h ~\l~~~c~"'''' ~~~. -'..0'\ ,JJI y.. "y \<2.:\ ~I .""'! wi w j)g. a: \ ~ I <:i ~\.. J. ,/ ":/ -...-....... / * ..... Ifllr.\~ On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. State of Texas County of Harris ss: By: August 27. 2008 1YV1~ ~ Michelle Denny, Notary Pub Ie My commission expires August 27,2008 I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 31 s t ry Any instrument issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-CROO any business day between 8:00 am and 5:00 pm CST. ,......., SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 FaX#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106