Wynnpage N 2&3-CS070315
MAINTENANCE BOND
Bond No. 3-950-272
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: THAT J. T. Dersner, Inc.
2101 E. Shady Grove, Irving TX 75060
under the laws of
Indiana
as Principal,
, a corporation organized
, as sureties,
and
West American Insurance Company
do hereby expressly acknowledge themselves to be held and bound to pay unto the
City of Coppell, TX
a Municipal Corporation, Texas, the sum of
Twenty-Six Thousand, Eight Hundred Twenty-Five and 00/100 _ _ _ _
Dollars
and
Cents ($ 26,825.00
will and truly be made unto said City of Coppell, TX
) , for the payment of which sum
, and its successors, said
principal and sureties do hereby bind themselves, their assigns and successors jointly and
severally.
TIllS obligation is conditioned; however, that whereas, the said
J. T. Dersner, Inc.
has this day entered into a written contract with the said
Messer Group, 533 E. Sandylake Rd., Coppell TX 75019 to build and construct
Water & Sanitary Sewer, and Street Paving Repair for Winnpage Plaza, Phase II, 325 So. Denton Tap Rd., Coppell TX
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 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 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 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
Maintenance Bond
Page 1 of 2
provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its'
said a.greement 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 be 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 WITNFSS WHEREOF, the said J. T. Dersner, Inc.
caused these presents to be executed by
and the said West American Insurance Company
be executed by its Attorney in fact and
Carol Goodenough , has hereunto set his
Ma~h ,2007
has
has caused these presents to
the said Attorney in fact
hand, the 7th day of
PRINCIPAL
SURETY
West American Insurance Company ~
By: C~ _
Title: Carol Goodenough, Attorney-in-Fact
Witness:
WITNESS: ~~X
~~~b~ ~
Sandy R ey, Agen y Representative
N 'E: Date of Maintenance Bond must not be prior to date of Contract,
J. T. Dersner, Inc.
By:~4 ~~
Title: ~p
Maintenance Bond
Page 2 of 2
CERTIFIED COpy OF POWER OF A TIORNEY
THE OHIO CASUALTY INSURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
No. 38-930
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN
INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article ill, Section 9 of the Code of Regulations and By-Laws of The Ohio
Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint: Ray Watson, Carol Goodenougb or Debbie
Smith of Richardson, Texas its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and dcliver for and on its behalf as surety, and as its act and
deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TEN MILLION (510,000,000.00) DOLLARS,
excluding, however, any hond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they bad been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in
their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact.
Aa-- 4~
STATE OF OHIO,
COUNTY OF BUTLER
Sam Lawrence, Assistant Secretary
On this 26th day of September, 2005 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Buller, duly commissioned and qualified,
came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me
personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being
by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to thc preceding instrument are thc Corporate Seals of
said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporations.
Notary Public in and for County of Buller, State of Ohio
My Commission expires August 6, 2007.
This power of attorney is granted under and by authority of Article m. Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company
and West American Insurance Company, extracts from which read:
Article III, Section 9. Appointment of Attomevs-in-Fact The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant
Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the
corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or
other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity,
or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency
thereof, or to any other political subdivision thereof
This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 2 I, 2004:
RESOLVED, That the signature of any officer of the Company authorized under Article ill, Section 9 of its Code of Regulations and By-laws and the
Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its
behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their
authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to
any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect
as though manually affixed.
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certity that the foregoing power of
attorney, the referenced By-Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on
this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 7th
~?--...~ I:~~
~{ SEAL \} =( SEAL ji
~. .~ ". /1,
"".............. .............
day of
March
,2007
~~ / /bI
Assistant Secretary
A Member of
.,.~..
--.uY.~
OHIO CASUALTY GROUP
West American Insurance Company
9450 Seward Road, Fairfield OH 45014 1-800-843-6446
TEXAS
IMPORTANT NOTICE
To obtain information or make a
complaint:
You may call The Ohio Casualty
Group's toll-free telephone number for
information or to make a complaint at
1-800-843-6446
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
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning
your premium or about a claim you
should contact the agent or The Ohio
Casualty Group of Insurance Companies
first. If the dispute is not resolved, you
may contact the Texas Department of
Insurance.
A TT ACH THIS NOTICE TO YOUR
POLICY:
This notice is for information only and
does not become a part or condition of
the attached document.
NP 70 68 09 01
TEXAS
A VISO IMPORT ANTE
Para obtener informacion 0 para someter
una queja:
Usted puede Ilamar al numero de
telefono gratis de Ohio Casualty Group's
para informacion 0 para someter una
quej a al
1-800-843-6446
Puede comunicarse con el Departamento
de Seguros de Texas para obtener
informacion acerca de companias,
coberturas, derechos 0 quejas al
1-800-252-3439
Puede escribir al Departamento de
Seguros de Texas
P. O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
DISPUTAS SaBRE PRIMAS 0
RECLAMOS:
Si tiena una disputa concerniente a su
prima 0 a un reclamo, debe comunicarse
con el agente 0 la Ohio Casualty Group
of Insurance Companies primero. Si no
se resuelve la disputa, puede entonces
comunicarse con el departamento (TDI)
UNA ESTE A VISO A SU paLIZA:
Este aviso es solo para proposito de
informacion y no se convierte en parte 0
condicion del documento adjunto.
J. T. Dersner, Inc.
2101 E. Shady Grove
Irving, Texas 75060
Phone: (972) 421-0930 Fax: (972) 421-0934
Mr. Tom Messer
Messer Group
533 E. Sandylake Road
Coppell, Texas 75019
Phone: (972) 393-3284
Fax: (972) 745-3432
March 7, 2007
Ref: Winnpage Plaza Phase II, 325 South Denton Tap, Coppell Texas
Sub: Maintenance Bond
MAINTENANCE BOND QUANTITIES
PUBLIC WATER UTILITY IMPROVEMENTS
WATER
1
2
13
14
15
16
DESCRIPTION QUANTITY MIS UNIT TOTAL TOTAL
8" Detector Assembly 1 ea $ 10,000.00 $ 10,000.00
Relocate Existing 2 Meter 2 ea $ 2,750.00 $ 5,500.00
Remove Ext 1" Service 2 ea $ 350.00 $ 700.00
2" service Assembly 2 ea $ 1,825.00 $ 3,650.00
2" Backflow Preventor 2 ea $ 575.00 $ 1,150.00
Meter Box 4 ea $ 275.00 $ 1,100.00
TOTAL $ 22,100,00
SEWER
1
2
DESCRIPTION QUANTITY M/S UNIT TOTAL TOTAL
Tie to Manhole 1 ea $ 500.00 $ 500.00
3" Force Main 5 If $ 15.00 $ 75.00
TOTAL $ 575.00
3/14/2007
c
J. T. Dersner, Inc.
2101 E. Shady Grove
Irving, Texas 75060
Phone: (972) 421-0930 Fax: (972) 421-0934
STREET PAVING REPAIR
DESCRIPTION QUANTITY M/S UNIT TOTAL TOTAL
Full Depth Saw Cut 1 Is $ 250.00 $ 250.00
Remove Paving 1 Is $ 500.00 $ 500.00
Dowell Steel 1 Is $ 500.00 $ 500.00
10" Concrete Paving (up too) 50 sf $ 55.00 $ 2,750.00
Seal Paving 1 Is $ 150.00 $ 150.00
TOTAL $ 4,150.00
TOTAL PUBLIC WORK TO BOND $
26,825.00
John E. Skinner
Estimator/Project Manager
3/14/2007
2