CF-Cozby Library-CS 940214Bond No
PERFORMANCE BOND (TEXAS)
KNOW ALL MEN BY THESE PRESENTS:
Th~ DIVERSIFIED CONSTRUCTION SERVICES, INC.
111 3309 2574
17110 DALLAS PARKWAY, SUITE 280, DALLAS, TX. 75248
as Princip<:d, hereinafter called Contractor, and
ASSOCIATED INDEMNITY CORPORATION
(Here insert tull name and address or leg~:l title of Surety)
, as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF COPPELL
255 PARKWAY BLVD., COPPELL, TX. 75019
{Here insert full name and address or legr~l title of Owner)
as Obligee, hereinafter called Owner, in the amount of
TWO MILLION, NINETY-FOUR THOUSAND, THREE HUNDRED AND NO/100 ...... Dollars ($ 2,094,300.00---),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated FEBRUARY 10, 1994
entered into a contract with Owner for W.T. COZBY PUBLIC LIBRARY
177 HEARTZ RD., COPPELL, TX. 75019
in accordance with drawings and specifications prepared by F & S PARTNERS, INC.
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, ii Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alter~ion or extension of time made by the Owner,
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest respon-
sible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the contract or contracts of completion c~rranged under this paragraph) sufficient
funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for
which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof The term "balance of the contract price,"
as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments
thereto, less the cunount properly prod by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of twenty five (25) months from the date on which the right of action accrues.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner nmned herein or the
Signed and sealed this 14th doyo!
FEBRUARY A.D. 19. 94
DIVERSIFIED CONSTRUCTION SERVICES~ INC.
~ .~rincip~l~; (Seal)
~,g~.7~]~- (Title)
{Witness)
(Witness)
ASSOCIATED INDEMNITY CORPORATIOn]
(Seal)
AIA Document No. A~11 (FebruaG' 1970 Ed.)
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
Bond NO. 111 3309 2574
KNOW ALL MEN BY THESE PRESENTS: that
Diversified Construction Services, Inc.
17110 Dallas Pky, Suite 280, Dallas, TX 75248
as Principal, hereinafter called Principal, and,
Associated Inde~unity Corporation
Marin County, California
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Coppell
255 Parkway Blvd., Coppell, TX. 75019
as Obiigee, hereinaffercalled Owner, forthe use and ben~it ~ claimants as hereinbelow d~ined, inthe
amountof Two Million, Ninety-Four Thousand, Three Hundred and no/100 ................ ****
Dollars(S*****2,094,300.00 ).
forthe payment whereof Principal and Surety bind themselves, their heirs, executom, administrmors,
successors and assigns, jointly and severally, firmly bythese presents.
WHEREAS,
Principal has by written agreement dated February 10 19 9~, entered into a contract with Owner for
W.T. Cozby Public Library
177 Heartz Rd., Coppell, TX. 75019
in accordance with Drawings and Specifications prepared by
F & S Partners, Inc.
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
003-10-91 Conforms to AIA Document A 311 Performance Bond and Labor and Material Payment Bond
3
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; other-wise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions;
I, A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part
of water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract,
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: the Principal, the
Owner, or the Surety above named, within ninety (90)
days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials
for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered maiJ
or certified mail, postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said Contract,
it being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
4 The amount of this bond shall be reduced by and
to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
Signed and Sealed this 14th
day of
February 19 94
3061
Diversified Construction Services, Inc.
Associated Inder~nitv CorDoratign
J~e Provenzano (7/t/e) AttCrney-in-Fact
003-!0 91 Conforms to AIA Document A-311 Performance Bond and Labor and Material Payment Bond
4
State of Illinois ~
County ot PeoriaI ss:
On February 14, 1994 , before me, a Notary Public in and for said County and S~ate, residing
therein, duly commissioned and sworn, personally appec~red
3ane Provenzano
known to me to be Attorney in-Fo:ct of Associated Indemnity Corporation
the corporation described in and thai executed the within and toregoing instrument, and known to me to be the person who executeci
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same
IN WITNESS WHEREOF, I have
My Commission Expires _
hereunto set my ,hand and affixed my official sea/~lde day and y~f~r s~ated in this certificate above.
GENERAL
POWER OF
A'I'YORNEY ASSOCIATED INDEMNITY CORPORATION
KNOW ALL MEN BY THESE pRESENTS: That ASSOCIATED INDEMNITY CORPORATION, a Corporation duly orgaMzed and existing under the laws
of the State of California, and having it$ principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these
presents make, constituteandappoint PHILIP A. KUHL, CURT RASSI, SUE CARRUTHERS and JANE PROVENZAN0,
jointly or severally
MORTON IL v
its tr~e and la~ful At tomey(s)-in-Fact, with full power and authority hereby conferred in its name, p ace and stead, to execute, seal, acknowledge and dell er any
and all bonds, undertaking, recogiffzance~ or other written obligations in the nature thereof .....................................
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the sa~d Attorney(s)~in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VI 1, Sections 45 and 46 of By-laws of ASSOCIATED INDEMNITY CORPORATION now in full force and
effect.
"Article VII. Appointment and Autbortty of Resident SecreOtHes, A Homey-in-Fact and Agents to accept ]Legal Process and Make Appearances.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Director, the Ch~rman of the Board of Directors, the President or any Vice-President may, from time to time, appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and acl for and on behalf of the Corporation and Agents to accept legal proces%and make appearances for and on behalf of the
Corporation.
Section 46. Autborft~ The authority of such Resident Assistant Secretaries, Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing
their appointment, Any such appointment and all authority granled thereby may be revoked at any time by the Board of Directors or by any person empower~ to
make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by'the Boazd of Directors of ASSOCIATED
INDEMNITY CORPORATION at a meeting duly called and held on the 13th day of April, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of tiffs Corporation, and the se~ of this
Corporation may be af fLxed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal sh~LI be valid and binding
upon the Corporation'.'
IN WITNESS WHEREOF, ASSOCIATED INDEMNITY CORPORATION has caused these presents to be signed by its Vice-President, and its corporate seal to
be hereunto affixed tiffs__13th dayof April , 19 93 .
ASSOCIATED INDEMNITY CORPORATION