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Bethel BP-CS080829 (2) THE.CITY.OF COPPELL August 29, 2008 Daniel M. Goodwin, P.E. Goodwin & Marshall, Inc. 2405 Mustang Drive Grapevine, TX 76051 FAX: 817/329-4453 RE: Bethel Business Park, Lot 1 Block A Final Acceptance Dear Mr. Goodwin: Representatives of the City of Coppell have confirmed a final inspection of utilities for the referenced project. The two-year maintenance bonds and record drawings have been received. 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 cooperation. Sincerely, JdIo C&fltI/ RICk O'Dell . Construction Inspector Office Phone: (972) 304-7090 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, Deputy Chief/Prevention 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 MAINTENANCE BOND Bond No.2086147 KNOW ALL MEN BY THESE PRESENTS, That we, PCI Construction, Inc., P.O. Box 2967, McKinney, TX 75070 (hereinafter called the "Principar) as Principal, and the North American Specialty Insurance Company , a corporation duly organized under the laws of the State of New Hampshire 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 Twenty -Eight Thousand Six Hundred Ten And No /100ths ($ $28,610.00 ) 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 1st day of May , _2008 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with McFadden & Miller, LTD dated 10/24/2007 , for Potable Water, Sanitary Sewer, Storm Drain to serve Bethel Business Park, Coppell, TX 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 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, not 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 -Eight Thousand Six Hundred Ten 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. PCI Construction, Inc. North American Specialty Insurance Company Principal Surety �j By: (/ ) a . 4 6 �/-- ) Sandra Lee Roney Atto y -in -Fact t`Y�: 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, 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 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 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 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." t1 \lltllie111f /74/ 1�t/afltNrryitr "�i�;`q\AUTYtys� Art4ASt011A( .,r. g4'.' yoA�r• Q F ° . By Po''CORPORATE SEAL :O n Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & g r- ? \�., ° 1973 kolg Vice President of North American Specialty Insurance Company ° y I SEAL •'J'/ //4 OO! 1 1111 \`,�.J By � rMIC F I:.? � +yrrr *.. , ✓ ,r� - 5 David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance 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 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 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. "OFFICIAL SEAL" SUSAN ANSEL G • Altar, Pudic, Stale of tiios Susan Ansel, Notary Public MAy Cottifi lissios Expires 746J'2008 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 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 1St day of May , 20 08 . James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company IMPORTANT NOTICE AVISO IMPORTANTE In order to obtain information or make a complaint: Para obtener informacion o para someter un queja: You may contact Jim Carpenter, Vice President - Puede comunicarse con Jim Carpenter, Vice Claims, at 1- 800 - 338 -0753. President - Claims, al 1- 800 - 338 -0753. You may call Washington International Insurance Usted puede Ilamr al numero de telefono gratis de Company and /or North American Specialty Washington International Insurance Company Insurance Company's toll -free number for and /or North American Specialty Insurance information or to make a complaint at: Company's para informacion o para someter una queja al: 1- 800 - 338 -0753 1- 800 -338 -0753 You may also write to Washington International Usted tambien puede escribir a Washington Insurance Company and /or North American International Insurance Company and /or North Specialty Insurance Company at the following American Specialty Insurance Company al: address: 1200 Arlington Heights Road #400 1200 Arlington Heights Road #400 Itasca, IL 60143 Itasca, IL 60143 You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas to obtain information on companies, coverages, rights para obtener informacion acerca de companias, or complaints at: coberturas, derechos o quejas al: 1- 800 -252 -3439 1- 800 -252 -3439 You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us Web: http: / /www.tdi.state.tx.us E -mail: E -mail: ConsumerProtection (u� tdi.state.tx.us ConsumerProtection (a� tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un about a claim you should first contact the Washington reclamo, debe comunicarse con el Washington International Insurance Company and /or North International Insurance Company and /or North American Specialty Insurance Company. If the American Specialty Insurance Company primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comunicarse Department of Insurance. con el Departmento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become Este aviso es solo para proposito de infromacion y no se a part or condition of the attached document. converte en parte o condicion del documento adjunto. --p,,u, 6,,,,;,,..., pr,,i\k, F, ,,,,,,,,,,,,,t g inc. 972- 562 -2762 • Fax 972 - 562 -2954 P.O. Box 2967 • McKinney, TX 75070 Public Facilities Breakdown Date 5/1/2008 Project Bethel Business Park Coppell, Texas I Item Description Quantity Unit Unit Price Total Public Potable Water Facilities 1 12" C900,DR-18,Class 150,PVC Water 450 I.f. $ 28.40 $ 12,780.00 2 8" Gate Valve & Box 1 ea. $ 1,003.00 $ 1,003.00 3 6" Gate Valve & Box 2 ea. $ 736.00 $ 1,472.00 4 Standard Fire Hydrant 2 ea. $ 1,981.00 $ 3,962.00 5 1.5" Irrigation Water Service 2 ea. $ 1,740.00 $ 3,480.00 6 2" Domestic Water Service 2 ea. $ 3,074.00 $ 6,148.00 7 Connect to Existing Water Stubout 3 ea. $ 794.00 $ 2,382.00 8 8" Detector Check Vault 2 ea. $ 10,023.00 $ 20,046.00 9 12 "x8" cross 1 ea. $ 838.00 $ 838.00 10 12 "x6" tee 1 ea. $ 679.00 $ 679.00 11 8 "x6 " reducer 1 ea. $ 271.00 $ 271.00 12 12" bend 4 ea. $ 487.00 $ 1,948.00 Total Public Potable Water Facilities $ 55,009.00 Item Description Quantity Unit Unit Price Total Public Sanitary Sewer Facilities 1 Connect to Existing 8" Stubout 1 ea. $ 1,188.00 $ 1,188.00 Total Public Sanitary Sewer Facilities $ 1,188.00 Iltem Description Quantity Unit Unit Price Total Public Storm Drain Facilities 1 Connect to Existing Storm Drain 1 ea. $ 1,022.00 $ 1,022.00 Total Public Storm Drain Facilities $ 1,022.00 Total Public Facilities $ 57,219.00 PCI Construction, Inc. 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