TxDOT Freeport-CS100420 MAINTENANCE BOND Bond#4376286
STATE OF TEXAS } •
COUNTY OF DALLAS }
KNOW ALL MEN. BY THESE PRESENTS: THAT
Firehouse Irrigation&Landscape 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
One Thousand One Hundred Eighty Seven Dollars********************** Dollars and
Fifty Cents.************ Cents (5 1,187.50 ) , for the payment of which sum
will and truly be made unto said , 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
Firehouse Irrigation&Landscape
has this day entered into a written contract with the said City of Coppell
to build and construct 95'Road Bore , 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 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 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
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,
2-15 Contract Documents
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and the same shall not be changed, diminished or in any manner affected from any cau0e during
said time.
. IN WITNESS WHEREOF, the said. Firehouse Irrigation&Landscape has
caused these presents to be executed by J.Michael Cates.Partner
and the said SureTec Insurance Company has caused these ,presents to
be executed by its Attorney in fact and the said Attorney in fact Steven J.Zinekcer
,has hereunto set his hand,the 20tH day of April • 20 • 10
PRINCIPAL SURETY
Firehouse Irrigation&Landscape SureTec Insurance Company
By: /�' By:
Michael Cates tin c r
Title. Partner Title: Attorney-In-Fact •
WITNESS: ATTEST:
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NOTE: Date of Maintenance Bond must not be prior to date of Contract. •
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• 2-16 Contract Documents .
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POA#: 4221049
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know 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
Charles K. Miller,Shannon L.Lewis,Steven J.Zinecker
its true and lawful Attorney-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,undertakings 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 Dollars and no/100($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/12 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,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one 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 of the 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 2e of April,
1999)
In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 28th day of October,A.D. 2008.
SURETEC INS ' • CE COMPANY
r. :: By:
B,J.KI '' esident
State of Texas ss: •`': � ''
County of Harris .......•
On this 28h day of October,2008 before me personally came B.J.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.
Michelle Denny
!1 Y No*wy Public
State of Texas �y A . alt.
tt '
expires 27,2012 W tf l Y ld4
Michelle Denny,Notary P lic
My commission expires August 27,2012
1,M.Brent Beaty,Assistant Secretary of SURETEC 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 20TH day of APRIL ,20 10 A.D.
If L4,
ti
M.Brent :eaty,Assis ant Secretary
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)812-0800 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
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
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.
Rev 1.1.06