HomeMy WebLinkAboutPerformance Bond Doi_ Pit Vol Ps
€1036964 OR 9241 128
rend #929477135
PERFORMANCE BOND.
Exhibit "A" to Supplementary Conditions
KNOW ALL MEN $Y THESE PRESENTS, That Emerson Construction Costpany, Inc
4502 Twin Cities Boulevard, Temple, Texas 76502
(hereinafter called the "Principal "), as Principal and
Continental Casualty Company - 333 S. Wabash, Chicago, IL 60604
a corporation, duly authorized to do business in Texas (project state) (hereinafter called the "Surety "),
arc held and firmly bound unto \VAL -MART STORES, INC. (hereinafter called the "Obligee "), and its representatives,
successors and assigns, in the sum of
Eleven Million, Six Hundred One Thousand, Three Hundred forty --
Dollars (S 11,601,340.00 )
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 avrardeda contract With Oblige'efor wal -Mrt Expansion: #1150 -0a
College Station, TX
(hereinafter called the Contract' and Which Contact is
(1,• "Contract") hereby referred to and incorporated by express reference as if fatly
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 n11 lie undertakings,
covenants, terms, conditions, and agreements of any and all modifications of said Contract that may hereafter be mile, 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 specification's, or in the plats, 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 otter moditicatio'ns.
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 - 28
Revived: 19 January 2009 — Rev 41
Wal-Mart Expansion #t 150 — College Station, TX (071011) November 7, 2008
Doi- 8k Vol Ps
• 01r136964- DR 92 4-1 129
IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this 15th day
of July , 20 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: Emerson Construction Company, Inc.
.(;)rolet.
By:
Title: / .s
4502 Twin Cities Boulevard, Temple, Texas 16502
(Principal's Address)
Witness: Glt/rbe.
Or Secretary's Attest
[SEAL]
SUE2E'1'Y: Continental Casualty Company
By: w 4 CAP
Tule: Lines K advrartis - Attorney -in -Fact
333 W. Wabash, Chicago, IL 606-04
(Surety's Address)
A! k 6r
Wl mesa . Cynthia Giesen
Or Secretary's Attest
[SEAL] Attach Poser of Attorney if executed by
attorney- in -faot on behalf of Surety
00800 - 2 :9
Revised: 19 January 2009 - Rev #1
Wal-Mart Expansion #1150 - College Station, TX c071011) November 7, 2008
1)or pill Vol Pa
i • : D ' ;.+ ,r tj I 5 'CiY OR ��t1 130
l : + 1; pt. R 14?► R OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -1)
Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called
"the CNA Companies "), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois,
and that they do by virtue of tht signatures and seals herein affixed hereby make, constitute and appoint
•
Linda K Edwards, Robert C Siddons, James 0 Schnell, Robert C Fricke, William H Pitts Jr, Norman P Rolling, Steven
W Searcey, Jaines F Siddons, Douglas J Wealty, Wesley M Pitts, John E Alford, April M Terbay, Cynthia Giesen,
Individually
o f Austin, TX, their true and lawful Attorney (s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
•
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confined.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the insurance companies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 12th day of January, 2009.
,c suto Wwal, Orrd Continental Casualty Company
National Fire Insurance Company of Hartford
c otwo•unt • (1T 1 , Pennsylvania
x American Casualty Company of Reading, Pesylvania
%.1„ &v./114
SEAL. Y
1897 •
Robert M. Mann Senior Vice President
State of Illinois, County of Cook, ss:
On this 12th day of January, 2009, before me personally came Robert M. Mann to me known, who, being by me duly sworn, did depose and say:
that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois insurance
company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a
Pennsylvania insurance company described in and which executed the above instrument; that be knows the seals of said insurance companies; that the
seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance
• companies.
OFFICIAL. SEAL
ELIZA PRICE
NorAPtY PCIOLdO, OTATO Ow 10L1.1N0441
MY SOMM1sAtON e7V1R64z ooh7/oO
AO WV. _ . ,�/rte+.v
My Commission Expires September 17, 2009 iza Price Notary Public
CERTIFICATE
I, Mary A. Ribikawslds, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby
certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of
the insurance companies printed on the reverse hereof is still in f re . In testimony whereof I have hereunto subscribed my name and affixed the seal of
the said insti corripanies this }} day of i lit 3 , 7 t i4 .
crs TX ''
T pt Continental Casualty Company
National Fire Insurance Company of Hartford
1, t;� . f ( 11:1.---°1141-4 * American Casuahy Company of Reading, Pennsylvania
0 cc t;rlF, '.: 'r _ lift c2.
l est. .. •
Mary A, R ika kis Assistant Secretary
Form F6853- 7/2008
Doc Ek Vol • Rs
0J10. 36964 OR 9241 131.
Authorizing By: -Laws and Resolution %
DOTTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney's made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the
Company.
"Article IX Execution of Documents
Section 3, Appointment of Attorney -in -fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of .
insurance, bonds, undertakings and other obligatory instruments of like nature, Such attorneys -in -fact, subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to auach the
seal of the Company therein), The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of
Directors, may, at any time, revoke all power and authority previously given to any attorney -in- fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors orate
Cnrnpany at a meeting duly called and held on the 17 day of February, 1991
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Auomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the
Company.
"Article VI Execution of Documents
Section 3 Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President may,
from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of
authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Executive, Senior Vice President or the Board of Directors may at any time revoke all power and authority previously
given to any attorney -in- fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17 day of February, 1993.
'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall he valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding en the Company."
ADOPTED BY T[iB BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority .of the following By -Law duty adopted by the Board of Directors of the
Company.
"Article VI[ Execution of Documents
Section 3. Appointment of Attorney -in -Fact The Chairman of the Board of Directors, the President or any Executive or Senior Vice President
stay, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of
authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may, at any time,
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Cnrnpany at a meeting duly called and held on the I7 day of February, 1993,
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Insurance
Company may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of birectors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of
any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the insurance Company. Any such
power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Insurance Company."
•
. Dom_ Elk Vol Pe
01036964 DR 9241 132
Bond #929477135
PAY1VMNT BOND
Exhibit "B" to Supplementary Conditions
KNOW ALL MEN BY THESE PRESENTS, That Em erson corns traction Company, Inc.
4502 Twin Cities Boulevard, Temple, Texan 76502
(hereinafter called the "Principal"), as Principal and
Continental Casualty Company - 333 5. Wabash, Chicago, IL 60604
a corporation, duly authorized to do business in Texas (project state) (hereinafter called ale "Surety "),
are held and firmly be unto WAL -MART STORES, INC. (hereinafter called the "Obligee "), and its representatives,
successors and assigns, in the suet of
Eleven Millzdn, Six Hundred One Thousand, Three Hundred Potty-- do llars ($ 11,601,340.00
for the payment of which sure 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 h'as been awarded a contract with Obligee for Wal -Marc Estpansi on #1150-08
College Station, TX
(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 OBLI'GA'TION IS SUCH, that if the Principal shall promptly make
payment in full to all persons or entities supplying tabor, material, supplies, services, utilities and equipment in the
prosecutiot, of the work provided for in said Contract and any and all Modifications of said Contract that may hereafter be
made, and shall inderruhify arid save harmless said Obligee eland 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 frill fore: 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 woik to be perforreed, or in the spetifications, or in the plans or in the
Contract documents, or any forbearance on the put of tither. the Obligee or Principal to the other, shall in any way affect its
obligation on this Bond, and Surety does heteby Waive notine of any such changes, eztehsions 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 thit 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 represtet and warrant that they are duly ai thorned to .bind
the Principal and Surety respectively.
00800 - 30
Revised: 29 J'atuuary 20 — Rev #1
Wal-Mart Expansion #1150 — College Station, TX (071011) November 7, 2008
6c+c B Vol P9
01036964 DR 92 41 133
IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 15 ch day of
July 20 09 the name and corporate seal of each corporate seal of each corporate party beinghereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
PRINCIPAL: Etarson Construction Cbmpany, Inc.
Title: - // s sit•
401111" 4502 ?win Cities Boulevard, Temple, Te).aa 76502
(Principal's Address)
Witness:C/ /it 0 ( Dame- ( .SI tic
Or Secretary's Attest
LSEAL)
SUftl?T.: _cent inent Casualty Compa -iy
,1
Title: Linda K Edwards - Attorney -in -Fact
333 S. Wabash, Chicago, IL 6cs04
(Surety's Address)
J1 �
( /46. ,. •
Witness: Cyitthia Giesen
Or Secretary's Attest
(SEAL Attach Power of Attorney if executed by
attorney -in -fact on behalf of Sur ety
' I.I YMt,t j 1 �r . �
00800 - 31
Revised.• 19 January 2009 - Rev #1
Wal -Mart Expansion #1150 - College Station, TX (071011) November 7, 2008
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN- Doe el: Vol. F's
�64 OR 9'41 134
•
Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance•company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called
"thc CNA Companies "), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint
Linda K Edwards, Robert C Siddons, James 0 Schnell, Robert C Fricke, William II Pitts Jr, Norman P Roiling, Steven
%V Searcey, James F Siddons, Douglas J Wealty, Wesley M Pitts, John E Afford, April M Terbay, Cynthia Glesen,
Individually
of Austin, TX, their true and lawful Attorney(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the insurance companies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 12th day ofJanuary, 2009.
cesui Continental Casualty Company
r tity �rY t+tstJ+t � National Fire Insurance Cotnpany of Hartford
' w" l f ;`i .st . American Casualty Company of Reading, Pennsylvania
t sEALi g %,. 1. , Jutr N. 1 . 1
1 807 110 • 44 3141 : 5 ' 4 ' 1 .-•
RobcrtM, Mann Senior Vice President
State of Illinois, County of Cook, ss:
On this 1 2th day of January, 2009, before me personally came Robert M. Mann to me known, who, being by me duly sworn, did depose and say:
that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois insurance
company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a
Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the
seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance
companies,
OFFICIAL SEAL
Et41Z). PRICE
&e
NQTAIiT I- alda
iJ. ■TATt O! MANGO. .
MIS
MY CoMaroM a7r►IRe 0 11A
7a - OP
My Commission Expires September 17, 2009 iza Price Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance- company do hereby
certify that thc Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of
the insurance companies printed on the reverse hereof is still in Corce. In testimony whereof Iltave ereunto subscribed my name and affixed the scat of
the said insurance companies this \ F14\\ day of —ha �a .
•
' j % 1.\ a Continental Casualty Company
x .. "., 4, eft' a �e National Fire Insurance Company of Hartford
-' ` `,'A < <" L f \ (s ' • x American Casualty Company of Reading, Pennsylvania
` �; curt` tt
' . ice,.. . , ' ~ +t1 G.. (1°14144A/4C3
Mary A . ika C. 's Assistant Secretary
Form F6 53- 7f2p08
D Bli V 1 Ps
•
• 01036964 OR 9241 ' 135 -
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the
Company.
"Article IX Execution of Documents
Section 3. Appointment of Attorney-in -fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to rite limitations set forth in their
respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thercrto, The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of
Directors, may, at any time, revoke all power and authority previously given to any attorney -in- fact."
This power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors oldie
Company at a meeting duly called and held on the 17 day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article DC of the By -Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate beating such
facsirnile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Powcr of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the
Company.
"Article VI Execution of Documents
Section 3 Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President may,
from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such attorneys -in -fact subject to the limitations set forth in their respective certificates of
authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Executive, Senior Vice President or the Board of Directors may at any time revoke all power and authority previously
given to any attorney -in- fact."
This Power o ['Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17 day of February, 1993. -
"Resolved,. that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or cenilicate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and scaled shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding en the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL. FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the
Company. -
"Article VII — Execution of Documents
Section 3- Appointment of Attorney -in- Fact - The Chairman of' the Board of Directors, the President or any Executive or Senior Vice President
may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of
authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may, at any time,
revoke all power and authority previously given to any attorney -in- fact."
This Power of Attomeyis signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly Galled and held on the 17 day of February, 1993.
"RESOLVED: That the signature of the President, ant Executive Vice President or any Senior or Group Vice President and the seal of the Insurance
Company stay be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of
any such power, and any power or cettifieate bearing such facsimile signature and seal shall be valid and binding on the Insurance Company. Any such
power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking io which it is attached,
continuo to be valid and binding on the Insurance Company."
Dor. Ei4 Vol P
01036964 OR 9241 136
State of Texas
Caim Notice Endorsement
To be attached to and form a part of Bond No. , 9294771 35
In accordance with Section 2253.021(f) of the Texas Government Code and Section
53.202(6) of the Texas Property Code any notice of claim to the named surety under
this bond(s) should be sent to:
CNA Surety
333 South Wabash
Chicago, IL 60604
Telephone: (312) 822 -5000
=arm =dpi:
Doc Bk Vol Ps
01036964 -0R 9241 137
Walmart
WAL -MART STORES, INC. * 2001 SE. 10TH STREET * BENTONVILLE, AR 72716 -0550
CONSTRUCTION AGREEMENT BETWEEN OWNER AND CONTRACTOR
(Construction Contract)
The basis of payment per this Contract is a Stipulated Sum.
This AGREEMENT (the "Contract ") is made as of July 15, 2009 between the Owner and the Contractor,
each of which is identified below. The effective date of this Contract shall be the date upon which the
Project which Is the subject of this Contract is awarded to Contractor by telephone notification.
Contractor hereby agrees that, should It begin performance of Work under this Contract prior to
receipt of a fully executed copy of this Contract, such Work and the obligations of the parties with
respect thereto shall be governed by the Contract Documents included in the Invitation to Bid from
Owner to Contractor (the "Invitation to Bid "). In such event, once the Contractor has received a fully
executed copy of the Contract that has been signed by duly authorized officers of Contractor and Wal-
Mart, the terms and conditions of the Contract Documents, as executed by the parties, shall supercede
this provision and shall govern the performance of the Work and the obligations of the parties with
respect thereto, and the effective date of the fully executed and delivered Contract shall be the date
upon which Contractor was awarded the Project which is the subject of this Contract by telephone
notification,
The Project is Wal -Mart Supercenter (SUP) Expansion
#1150 -08, College Station, TX
Job # J53316
Site /Address # 101150
Purchase Order # 5863313
The Owner is: Wal -Mart Stores, Inc.
Department 8974
2001 S.E. loth Street
Bentonville, Arkansas 72716 -0550
The Contractor Is: EMERSON CONSTRUCTION CO
P.O. Box 1888
Temple, TX 76503
Phone: 254- 939 -1863
JOE Address # 44488
Vendor #330873
Page
Doc Bk Vol P9
01036964 OR 5241 133
such delay as Is excused by Owner, which excuse! shall be in Owner's sole discretion, Owner
shall have the option to either (a) require Contractor to pay to Owner the foregoing amount for
each day after the Contract Substantial Completion Date that Contractor has not Substantially
Completed performance of the Work, or (b) terminate the Contract and pursue such other
remedies as are permitted by the Contract Documents or as are available to Owner at law or in
equity for Contractor's failure to Substantially Complete performance of the Work on or before
the Contract Substantial Completion Date or for Contractor's breach of any other provision of
the Contract Documents, and the provisions of this paragraph shall not be deemed to act as a
waiver of the rights set forth in this clause (b ). The damages described in clause (a) of this
Section 4.2.2 are liquidated damages and are not Intended to operate as a penalty. Any such
liquidated damages payable by Contractor hereunder shall be paid to Owner on the actual date
of Substantial Completion.
4.2.3 For purposes of determining treatment under Section 4.2.1 and 4.2.2 of this Contract, within
five business days of completion of all final punchlist items, Contractor shall submit to Owner
written notice of Contractor's proposed actual date of Substantial Completion. The actual date
of Substantial Completion shall be that date agreed to by Owner and Contractor in writing (the
"Contract Completion Date "), which Owner and Contractor shall use good faith efforts to agree
to within ten business days after Owner's receipt of said proposal therefor from Contractor.
ARTICLE 5
CONTRACT SUM
5.1 The Owner shall pay the Contractor in current funds for the performance of the Work, subject
to additions and deductions by Change Order as provided in the Contract Documents and to the
provisions of Section 4.2 above, the sum of $11,496,430.0OUSD (the "Contract Sum ").
The Contract Sum is based upon the following alternates, which are described in the Contract
Documents:
Alternate # Accepted/ Description Amount ($)
Rejected?
One Accepted Cost of Payment and Performance Bonds $105,000
Two Accepted Concrete /Asphalt - $5,000
Three Accepted C & D Waste Management - $100,000
5.2 if applicable, When Contractor considers the Work to be Substantially Complete, Contractor
shall so notify Owner in writing. After Owner receives this notice, Owner and Contractor shall
then perform a final punchlist inspection and audit that shall consist of a per square foot
assessment /measurement of the Work performed, and Owner will create a final punchlist.
Contractor shall promptly correct any defects or deficiencies, and perform such additional
Work, as may be identified during such audit or on the punchlist. Once such defects and
Page 9
Doc n Voi F's
1)1036964 OR 9241 139
In Witness Whereof, the parties have hereto set their hands and seals effective on the day and year
first above written.
WITNESS /ATTEST WAL -MART STORES, INC.
Patrick J. Hamilton, P.E.
Print name and sign above. VP of Construction
DATE
i
WITNESS /ATTEST (--,) EMERSON CONSTRUCTION
. ` (
i 1 /
, .4.....eArdd
'IP A. I 11 /ZIP -"C"Ill.r (1 (6:1--.
Chuck Emerson _
Print name and sign above. President
DATE `7 -Z , G6
Affix Corporate Seal over signature when
Contractor is a Corporation
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