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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 —\1 '' k'',, ,c , VM., 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 � yT �o Ot►pj l ii.s. yv ♦ �# .` ,54 SEAL '~ —•— oc /OIL /), , (-:7„„,eti6.1,4....../L.- B - `{ 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. o.,.:�..'.r'''' Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 168-0589