HomeMy WebLinkAboutPayment Bond (2) Doc Bit Vol Ps
Exhibit "B" 01032925 OR 9172 5
PAYMENT BOND Bond # PRF7607895
KNOW ALL MEN BY THESE PRESENTS, That Warwick Construction, Inc.
(herainaft; r called the "Principal "), as Principal and Fidelity and Deposit Company of Maryland
Colonial Antedcan Casualty and Surety Company , a corporation, duly authorized to do business in
Arkansas, (hereinafter called the "Surety"), are held and firmly bound unto WAL -MART
STORES, INC. (hereinafter called the `Obligee "), and its representatives, successors
and assigns, in the sum of Eighty 'Pao Thousand Seven Hundred Fifty Ei;ht and no /100's**
Dollars ($82,7sa.00 ) for the payment of which sum well and truly to be made the said
Principal and Surety bind themselves, and their respective heirs, administrators,
executors, successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the Principal has been awarded a contract with Obligee for,
Wal -Mart, 2200 Briarcrest Dr., Bryan, TX 77802 (hereinafter called
the "Contract") and which Contract is hereby referred to and incorporated by express
reference as if fully set forth herein.
•
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal shall promptly make payment in full to all persons or entities supplying labor,
material, supplies, services, utilities and equipment in the prosecution of the work
provided for in said Contract and any and all modifications of said Contract that may
hereafter be made, and shall indemnify and save harmless said Obligee of and from
any and all loss, damage, and expense, including costs and attorneys` fees, which the
said Obligee may sustain by reason of Principal's failure to do so, then this obligation
shall be null and void; otherwise it shall remain in full force and effect.
The said Surety agrees that no change, extension of time, alteration, addition, omission,
waiver, or other modification of the terns of either the said Contract or in the said work
to be performed, or in the specifications, or in the plans, or in the. Contract documents,
or any forbearance on the part of either the Obligee or Principal to the other, shall in any
way affect its obligation on this Bond, and Surety does hereby waive notice of any such
changes, extensions of time, alterations, additions, omissions, waivers, or other
modifications.
The said Principal and the said Surety agree that this Bond shall inure to the benefit of
all persons or entities as supplying labor, material, supplies, services, utilities and
equipment in the prosecution of the work provided for in said Contract, as well as to the
Obligee, and that any of such persons or entities may maintain independent actions
upon this Bond in the name of the person or entities bringing any such action.
The parties executing this Bond on behalf of Principal and Surety represent and warrant
that they are duly authorized to bind the Principal and Surety, respectively.
00800-38 10/27/06
Supplementary Conditions to Capra! Condeion of the Courser* Con.rinmelon
AMA Document 4201 —Fij with 6dfloa> 1997
1 I
Doc Bk IJol N
01032925 DR 9172 6
Exhibit "B"
PAYMENT BOND
IN WITNESS WHEREOF, the above parties have executed this Instrument under their
several seals this 16th day of April , 2009, the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by Its
undersigned representative, pursuant to authority of its governing body.
PRINCIPAL: Warwick Construction, Inc.
4 0 1 ,,,,,e,„ 0 0 ...
By:
'1r _01. be- w(A-s
Title: V� *ce_ 'Pre-e.srvcip.d, :'''`
4,
365 FM 1959, STE A, Houston, Tx rb t l 3
(Pri Address) • ' �'
Witness:
L r ]'I,r YLt 111/10V ` ' ��
r�
Or Secretary's Attest
[SEAL]
Fidelity and Deposit Company of Maryland
SURETY: Colonial American Casualty and Surety Company
� '' __
By: � �,
Title: William D. Birdsong, Attorney -ln -Fact c ., •
�ti 0 ,,.•,r..,
3910 Keswick Road, Baltimore, MD 2141 ,1 w s
rx
(Surety's Address) 4 E l� rr
Witness: l ' ., tl 6 / .,` . z
Or Se , etary's Attest ., , � . G O S. r'
[ SEAL] Attach Power of Attorney if executed b ,. , ' i •
attorney -in -fact on behalf of Surety 'o
- "'A 9„ i t (1?. -
00800-38 L ���.gy ' ' p
1
O �3
4, k"t3
"+ PPJ emaoaryC. dfNonawGenua JCondlltonofrlls Contract f or1'. r rr ,r �r+
.41.4 Document 4201 — Frfteentk E tt l 7tM - (i 1
• Doc 1'k Vol Ps
O11132?25 DR 9172 7
Exhibit "A" Bond # PRF7607895
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That Warwick Construction, Inc.
(hereinafter called the "Principal *), as Principal and Ewest, an m ., F ht i
Colonial American Cuuafy and sunty Comp*i a corporation, duly authorized to do business in Arkansas
(hereinafter called the "Surety"), are held and firmly bound unto WAL -MART STORES,
INC. (hereinafter called the "Obligee "), and its representatives, successors and assigns,
in the sum of Eighty Two Thousand Sayan Hundred Fifty Eight andnnjlnny* Dollars
($ a, ris, Al) ) for the payment of which sum well and truly to be made the
said Principal and Surety bind themselves, and their respective heirs, administrators,
executors, successors and assigns, Jointly and severally, firmly by these presents.
WHEREAS, the Principal has been awarded a contract with Obligee for
Wal-Mart, 2200 Briarcrest Dr.. Bryan. TX 77Rn2
(hereinafter called the "Contract") and which Contract is hereby referred to and
incorporated by express reference as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
above bound Principal shall well and truly perform all the work, undertakings,
covenants, terms, conditions, and agreements of said Contract within the time provided
therein and any extensions thereof that may be granted by Obligee, and during the life
of any maintenance obligation, guaranty or warranty required under said Contract, and
shall also well and truly perform all the undertakings, covenants, terms, conditions, and
agreements of any and all modifications of said Contract that may hereafter be made,
and shall indemnify and save harmless said Obligee of and from any and all loss,
damage, and expense, including costs and attorneys' fees, which the said Obligee may
sustain by reason of Principal's failure to do so, then this obligation shall be null and
void; otherwise it shall remain in full force and effect.
The said Surety agrees that no change, extension of time, alteration, addition, omission,
waiver, or other Modification of the terms of either the said Contract or in the said work
to be performed, or in the specifications, or in the plans, or In the Contract documents,
or any forbearance on the part of either the Obligee or Surety to the other, shall in any
way affect said Surety's obligation on this Bond, and said Surety does hereby waive
notice of any such changes, extensions of time, alterations, additions, omissions,
waivers, or other modifications.
The parties executing this Bond on behalf of Principal and Surety represent and warrant
that they are duly authorized to bind the Principal and Surety, respectively.
00800 -35 10/27/08
55rpplementary CondUlons to Genera Condition of tine Coatracrfor Catttr uetton
414 Dominant Ago/ — Fifteenth Pditton,1991
6R-- S� "'F'3g"
•
r) d :� DR 9172 8
Exhibit "A"
PERFORMANCE BOND
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals this 16th day of AM! , 24 09 , the name
and corporate seal of each corporate party being hereto affixed and these presents duly
signed by Its undersigned representative, pursuant to authority of its governing body.
PRINCIPAL: Warwick Construction, Inc.
By: g lro`C C ia-- 1i.-x- -.',`42'`—
Title: vic pt•Q,SZ • .,, �
�•.• . ..
365 FM 1959, STE A, Houston, Tx 77034:
ec � '�-t � ' 1 . +-
(Principals Address) ; r • °. iu �, x ;
ES 611,14.4A.
Witness: t j �� ,k ��,, '''' 4‘� ` �� , �
Or Secretary's Attest
[SEAL] Fidelity and Deposit Company of Maryland
• SURETY: Colonial American Casualty and Surety Company
By: Uat.
k
Title: WAliam D. Blydsona. Attarnt±y-in-Far r *
•
3910 Keswick Road, Baltimore, MD 21211
(Surety's Address) b AL
-3 1 ..�:,.�
Witness: 'f�' e.v
(
Or S etary's " ttest.
+�+ OPI1j
• �r3 r +L 4a
00800 -38 M U.1 �. , e , • �t _ ,;C j
S,rvplentantary Condtttana to Cenem1 Gbnd'ttor► of the Contra C►
ALI Dacwnent 4201 -FOa at ;- _ • y7 .�
P ill fierce
•
Doc Ms Vol P9
01032"?5 DR 9172 S
Exhibit "A"
PERFORMANCE BOND
[SEAL.] Attach Power of Attorney if executed by
attorney -[n -fact on behalf of Surety
•
•
00800 -37 10/27/06
&rppknweatary Conditions to General Condition of Os Contract for Construction
AMA Document 4201— Fifteenth Edition, 1997
1
.
•
Doc Rh Vol Vs
01032925 DR 9172 10
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S ; , aryiand, by WILLIAM
J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in purs : + ! � i . ted by Article VI,
Section 2, of the By -Laws of said Companies, which are set forth on . • t 4 i:+I� o
' i • .. * reby certified to be in
full force and effect on the date hereof, does hereby nomirs' t . ' i . ' . • � 'a ft ' e ' E, S R.
KIMMELL,'Williata D. BIRDSONG and Gin . w a_ l atrue and lawful agent and
Attorney -in -Fact, to make execute sea t ' r., d • • �, la,
, IT • • , arid
, as its act and deed: any and all
gs
bonds and undertakings, °. �' E 1 ' F ' � � X
, t: , � •+ t;1� r d t ' xecutors, Community Surviv and
Community Guar • �•�• e ec . , ` :1 • , < or undertakings in pursuance of these presents, shalt be as binding
upon said Compani T . n1I . ��.t . '° tents and purposes, as if they had been duly executed and acknowledged by
the regularly elected :: + ,� • "a• •+parry at its office in Baltimore, Md., in their own proper persons. This power of
attorney revokes that on behalf of Wm. W. GEORGE, Sam R. KIMMELL, William D. BIRDSONG, Ginger HOKE,
dated January 14, 2000.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Companies, and is now in force,
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 21st day of September, A.D. 2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
��o oero
el sem 10
1 ti, 5SAL )
, gt;,4_-
, By:
Eric D. Barnes Assistant Secretary William J. Mills Vice President
State of Maryland }ss:
City of Baltimore
On this 21st day of September, A.D. 2005; before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, carne WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individs+als and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY MIEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
4 r 1a! io �,
921A:Ar,;- 0 01:4
Maria D. Adamski Nolary Public
My Commission Expires: July $, 2011
POA. 168-0248
I i :i
Doc Bk Vol F's
01032925 DR 9172 11
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chainnan of the Board, or the President, or any Executive Vice- President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice- Presidents, Assistant Vice- Presidents and Attorneys -in- Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who
executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 501 day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, 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 seals of the said Companies,
this 1 day of I C
Assistant Secretary
.. .,.... - . .
Doi_ Bt; Vol P
01032925 OR 9172 11 A
F D Fidelity and Deposit Companies
Rome Mace: 3914 K+eewf Roa Ultimo% MD
i i,r�, 21211 1
MWORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit
Bey Company, andfor Zurich American ° Compm •sColonial ' " � and
m
information ar to make a comply at; Y telephone number for
2-800- 454,5155
You may contact the Texas Department of Insurance to obtain information on comes,
coverages, rights, or complaints at pani
•
1400 - 2524439
•
You may write the Tcxos Dent of
Innuaacc:
P.O• .Box 149104
Austin, TS 78714.9104
FAX # (512) 475-1771
ragammiaziumnam Should you have a
about a claim, you should first contact Fidelity and ' °0 ' D P hum or
D ent o Casualty S Company. Mho 1t o you may oontact the Texas
imucanaltathaminzuzazt This not become a pert or condition of the d boa >1 only and does
#54ntzt) Neel
i
1
•
r
010:;2834 Oh 1/153
NOTICE Doc gk Vol Fs
0103292S DR 9172 11 3
You are hereby notified that the attached Release of Lien Bond has been filed in the
Official Records of Brazos County, Bryan, Texas. Said lien bond was duly recorded
under clerks file number OBI 3 a DJ 4 Vol. Q /3-4, Page • of the Official
Records of Brazos County, Texas.
Signed this the 17th day of June, 2009.
Karen McQueen, County Clerk 1?-`?'
Brazos County, Texas
to
i
Doc BE; Vol F'9
01032925 OR 9172 11C
CERTIFICATE OF MAILING
• I do hereby certify that 1 have mailed, by certified United States mail, return receipt
requested to:
Wal -Mart
2200 Briarcrest Drive
Bryan, Texas 77802
A copy of the Lien Bond and Notice, recorded under clerks file number b 1 0 3 a? y
Vo1.9 1 Sla Page 4 of the Official Records of Brazos County, Texas.
Signed this the 17th day of June, 2009.
k c q .4 4.e.,,,,,_sty,t
Karen McQueen, County Clerk
Brazos County, Texas
rr."444°..,,-s' Q b om - •
4 iU333 � {C : ref
cg ." a s i °
f . -' C ? M r it l ..,r �1 d er ' X -- • Pr +c '° Q a g id w - •
�y� r 1 ti f ,u � • C 1s 'p
4 CM' � �q i 3 _• r oc ° r R NN S -+may �7 A ,1y ' _ i . ' - ' 4 g If l R a' ' 7N S R
iP R 3 a W r.' O. W + -{ ti.
g2, 9„1...7g ,,, „. 4 ... ,
•„. ... ,..
§ 57i:72.g ili 8- ra
r
ad c o r$ -,t
1 ra ' 1 or "-
1215175 at 14
IV til il V)
ni