ST1002- CS121026 5T (0 —OZMAINTENANCE BOND
Bond No.09027899
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: THAT JRJ Paving,LP
as Principal,
and Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland , a corporation organized
under the laws of Maryland , 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 Million Five Hundred Eight Thousand Two Hundred Sixty Seven and 29/100 Dollars and
Cents ($2,508,267.29 ) , for the payment 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
JRJ Paving, LP
has this day entered into a written contract with the said
City of Coppell to build and construct
Old Town Coppell and Bethel Road Infrastructure Improvements, Project-No.ST 10-02, Bid No.Q0811-01
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
Maintenance Bond
Page 1 of 2
.,
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; and the same shall not be changed, diminished or in any
manner affected from any cause during said time.
IN WITNESS WHEREOF, the said JRJ Paving,LP has
caused these presents to be executed by Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland
and the said Colonial American Casually and Surety Company and Fidelity and Deposit Company of Maryland has caused these presents to
be executed by its Attorney in fact and the said Attorney in fact
V. DeLene Marshall , has hereunto set his hand, the 26th day of
October , 20 12
PRINCIPAL SURETY
JRJ Paving,LP Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland
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By: / a/ BY „ ,...%) '
•.s' ��'V k,'�Q-- i
Title: '1144 -/JdCrtcewtTitle: V.DeLene Marshall,Attorney-In-Fact —
WITNESS: ATTEST:
i,‘
_.X.,e_ ,) ._
Robbi Morales
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
Maintenance Bond
Page 2 of 2
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Jerry P. ROSE, Don E. CORNELL, Robbi MORALES, Lisa M. BONNOT, Ricardo J. REYNA, Luke J.
NOLAN,JR.,Lloyd Ray PITTS,JR.and V.Delene MARSHALL,all of Dallas,Texas, EACH its true and lawful agent and Attorney-
in-Fact,to make, execute, seal and deliver,for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,
EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians. 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 had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 9th day of July,A.D.2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY� rAND DEPOSIT COMPANY OF MARYLAND
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Assistant Secretary Vice President
Eric D.Barnes James M. Carroll
State of Maryland
City of Baltimore
On this 9th day of July, A.D. 2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,JAMES M.
CARROLL,Vice President,and ERIC D.BARNES,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn, deposeth and saith,that
he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
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Constance A.Dunn,Notary Public
My Commission Expires:July 14,2015
POA-F 168-0589