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Project No. ‘
I'� ' PERFORMANCE BOND
PERFORMANCE BOND
THE STATE OF TEXAS 4
4 NOW ALL MEN BY THESE PRESENTS:
THE COUNTY OF BRAZOS 5
Cr�ristrt-ction Entespz'ises im•
THAT WE, as Principal, hereinafter called
"Contractor" and the other subscriber hereto tibcrly Mutual Iry itAtibb CompaiY , as Surety, do
hereby acknowledge,aur Iv sh- • and 1v bound to the City of College Station, a municipal
corporation,in the su�n o ���, ��// ' 1t-)for the payment of which sum,well and truly to
be made to the City or o ege atio�n atl I ssifccessors, the said Contractor and Surety do bind themselves,
their heirs, executors,administrators, successors,and assigns,jointly and severally.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
WHEREAS,the Contractor has on or about this day executed a Contract in writing with the City of
College Station for
Street InprovErnEnts ai x1al Drive
all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by
the City Council, all of which are made a part of this instrument as fully and completely as if set out in full
herein.
NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its
terms,provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the
Contract Documents referred to therein and shall comply strictly with each and every provision of the
Contract, including all warranties and indemnities therein and with this bond, then this obligation shall
become null and void and shall have no further force and effect; otherwise the same is to remain in full force
and effect.
It is further understood and agreed that the Surety does hereby relieve the City of College Station or
its representatives from the exercise of any diligence whatever in securing compliance on the part of the
Contractor with the terms of the Contract, including the making of payments thereunder and, having fully
considered it's Principal's competence to perform the Contract in the underwriting of this Performance
Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance
of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have
knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety
understands and agrees that the provision in the Contract that the City of College Station shall retain certain
amounts due the Contractor until the expiration of thirty days from the acceptance of the Work is intended
for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained •
amounts or any other amount owing under the Contract without changing or affecting the liability of the
Surety hereon in any degree.
It is further expressly agreed by Surety that the City of College Station or its representatives are at
liberty at any time,without notice to the Surety, to make any change in the Contract Documents and in the
Work to be done thereunder, as provided in the Contract,and in the terms and conditions thereof, or to
make any change in,addition to,or deduction from the work to be done thereunder;and that such changes,if
made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom.
Council Approved—02/12/03
Revised 09/27/04(a)
It is further expressly agreed an understood that the Contractor and Surety will fully indemnify and
save harmless th,e City of College Station from any liability,loss, cost, expense, or damage arising out of or in
connection withthe work done by the Contractor under the Contract. In the event that the City of College
Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor
and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the city in connection
with such suit.
This bond and all obligations created hereunder shall be performable in Brazos County,Texas. This
bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as
amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall
be applicable whether or not within the scope of said statute.
Notices required or permitted hereunder shall be in writing and shall be deemed delivered with
actually received or,if earlier, on the third day following deposit in a United State Postal Service pos office or
receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective
other party at the address prescribed in the Contract Documents, or at such other address as the receiving
party may hereafter prescribe by written notice to the sending party.
IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument
on the respective dates written below their signatures and have attached current Power of Attorney.
ATT T, SEAL: (if a corporation) Constnrtion Enterprises Inc.
SS: (if not a corp ration) (Nameoontractor)
LtA4CL
f l� rW71
Named Nam [k �(Jy Vi)/1 Na e: >�,: 5, u cLs e
Title: � d f 1L j y� Ir. Title: v ,
Date: 1 D)a3 1(37
ATTE,T/WITNESS Liberty Riti gal Insuuarre Car ry
(Full Name of Surety)
By: 14,,,hdo
5100 Poplar Ave., Ste. 60ak I'hn[his, IN 38137
Name: .1Locke (Address of Sure• for Notice)
Title: A•
Date: 10/23/07
By:
-N ame: H.A. Wright
Title: Attorney In Fact
Date: 10/23/07
REVIEWED: THE FOREGOING BOND IS ACCEPTED
ON BEHALF OF
THE CITY OF COLLEGE STATION,TEXAS:
City At rn 's Office
Council Approved—02/12/03
Revised 09/27/04(a)
217273
THIS POWER OF ATTORNEY IS NOT VALID UIILESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
H. RILEY HOLLIDAY,::WILLIAM R. PHILLIPS, MICHAEL D. REGAN, NANCY LOCKE, H.A.WRIGHT,JR.,ALL OF THE
CITY OF FRANKLIN, STATE OF TENNESSEE... ........ .................... ......... ......... .........
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its
behalf as surety and as its act and deed,any and all undertakings, bonds, recognizances and othersurety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100*****"************** DOLLARS($ 50,000,600.00***** )each,and the
execution of such undertakings, bonds, recognizances and-other surety obligations, in pursuance,of these presents, shall be as binding upon the
Company as if they had been duly signed by the president;and:attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII -Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may`prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, a
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such L
attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their
o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be co
N0. as binding as if signed by the president and attested by the secretary. U
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..YN By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: -C
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2 c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby cc
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4. authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ c
V 2 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. a
22 cs) cit-
v 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ai W
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j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E a) oa
6 Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 9th day of July , c
W = 2007 Q c,
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O L LIBERTY MUTUAL INSURANCE COMPANY �17
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By ��,. .�/T: a
c i t' *;if Garnet W. Elliott,Assistant Secretary .N c
COMMONWEALTH OF PENNSYLVANIA ss 'Ea
to COUNTY OF MONTGOMERY O c
cn t C On this 9th day of July , 2007 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged c
O•— that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above .a
" ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. Id 1
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IN TESTIMONY WH.-0e' .Vh -unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year m N
— 0 first above written. 4. �,;Ot'W$ <°
00
i4,{O � _,% COMMONWEALTH o PEN VANIA ,,���� E N
Z v 1 Pletth P.,IbangaraiyOw* Ter sa PE% Nota Public 0 0
4... myow,r wm tfrawMw 28,2c Notary c0
CERTIFICATE � �` �(� ,'' awnLir,NanabylearlsAesae' n N4tada6 I�r
I,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing
is a full,true and correct copy,is in falt;force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized.by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this 23rd. day of
Ibto , U7 .
f' ,�: B ��/r
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David M.Carey,Ass 4/7./04
Secretary