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6516 bondsPAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § BOND NO: LFB2077028 KNOW ALL MEN BY THESE PRESENTS: That C & C Directional Boring, LLC whose address is 216 Lakeshore Road, Shady Shores, TX 76208 hereinafter called Principal, and Old Republic surety company , a corporation organized and existing under the laws of the State of Wisconsin , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Two Hundred Fifty Thousand DOLLARS$ 25( Q,000), in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The amount of this Bond shall automatically be increased by any Change Order or Supplemental Agreement, however, increases to this bond and the Contract price shall not exceed twenty-five (25) percent in the aggregate of the original authorization contract amount, in accordance with Texas Local Government Code, Section 252.048, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by RFP # 6516, with the City of Denton, the Owner, dated the 7`h day of November A.D. 2017, for RFP # 6516 — Directional Boring Services. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas, AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. Contract # 6516 - bonds 20 NOV 2017 gm9:1.3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Bowie —County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this the 9th day of november 2017 A EST: PRINCIPAL ' C & C Directional Boring, LLC RETARY BY: P SIDENT ATTEST: SURETY V cTR`e 5is � c suret7 - Go any BY: "� ' BY: ATTORNEY-IN-FACT The Reid oft e et� Fo delivery of notice and service of the process is: 1. NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract corporation, give a person's name.) Contract # 6516 - bonds ff Resident Agent is not a * * Ar * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: PAT RANKIN, OF NEW BOSTON, TX its true and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bands, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank dclnnitory bonds, mortgage deficiency bonds, mortgage guaranty Ix-inds, guarantees of installment paper and note guaranty bonds. self-insurance workers compcnsation bonds guaranteeing payment oFhenefits, asb4-stos abineTntMI contrast bonds, waste -management bonds, hazardous waste remedialion bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS($1,000,000)-------------------------- FOR ANY SINGLE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This docunww is not valid unless printedon colored background and is multi -colored- This appoint men i is made under and by authority of the board of directors at a special mceting held an February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 3RD day of NOVEMBER, 2017. op r �a co��N. ` O nsys�am ` o SEAL STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS On this 3RD day of NOVEMBER, 2017 pergmally came before me, OLD REPUBLIC SURETY COMPANY President Alan Pavlic and Jane erney to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the boant of directors of said corporation, ppi+� n r -`oil{ •5} ��/[//� ���(�,r'/��',��a "�e , 1 Notary Pubhc My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this Instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 89-3340 c s, Signed and sealed at the City of Brookfield, WI this day of v•�h e` a • tpllrow�r� .. p g SEAL r.., As,"man, 11 $ DIVERSIFIED INSURANCE AGENCY 2?85 PERFORMANCE BOND BOND NO: LFB2077028 STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That C & C Directional Boring, LLC whose address is 216 Lakeshore Road, Shady Shores TX 76208, hereinafter called Principal, and Old Republic Surety Company , a corporation organized and existing under the laws of the State of Wisconsin and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two Hundred Fifty Thousand DOLLARS ( 750,Q00], in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The amount of this Bond shall automatically be increased by any Change Order or Supplemental Agreement, however, increases to this bond and the Contract price shall not exceed twenty-five (25) percent in the aggregate of the original authorization contract amount, in accordance with Texas Local Government Code 252.048, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by RFP # 6516, with the City of Denton, the Owner, dated the 7`h day of November A.D. 2017, for RFP # 6516 — Directional_. Boring Services. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. Contract # 6516 - bonds 6T:6W L 10Z AON 0Z PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Bowie County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this 9th day of November , 2017 ATTEST: V�S-CRETARY BY:�1.'Y ul ATTEST: BY: (6a4_& NAME: STREET ADDRES PRINCIPAL C & C Directional Boring, LLC BY: PR SIDENT SURETY o d gl' re ny BY: ' JN -FACT iveiy of notice and service of the process is: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) Contract # 6516 -bonds * OLD REPUBLIC SURETY COMPANY ** * ** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: PAT RANKIN, OF NEW BOSTON, TX its true and lawful A ttomcy(s)-in- Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and do livor and affix the scat of the company thereto (if a seal is required), bonds, undertakings, recognizancos or other written obligations in the nature thereof, (other darn bail bonds, bank doository bonds, mortgage daliciency lx+nds mortgage grsuranty bands guarantces of'mstallment paper and nose guaranty bonds, self-insurance worker., en compsatirm txmds guaranteeing payment of hL1Jef its, a.6q.-stun abatement contnicl Wmds, waste managcnrcm bonds, lw.ardous waste rcmidtation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS($1,000,000)-------------------------- FOR ANY SINGLE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document isnot valid unlcas primedon colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power ref Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (ifa seal be required) by any secretary or assistant secretary; or (if) when signed by the "ident, any vice president or assistant vicc president, secretary or assistant secretary, and countersigned and sealed (if a seal he required) by n duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-i"act or agents pursuant to and within the I imus of the authority evidenced by the Power of Attorney issued by the company to such person or persons: RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may he aMiixed by racsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and scat when so used shall hove the same force and effect as though manually aMxed, IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 3RD day of NOVEMBER, 2017. J9 r ASS'slanl t SEAL n f STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS On this 3RD day of NOVEMBER, 2017 , personally came before me, OLD REPUBLIC SURETY COMPANY 11t, � Cc-- - - President Alan Pavlic and lanee' ney , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of director:: of said corporation. '%moo Notary Public My commission expires: 9/28/2018 CERTIFICATE (Explratlon of notary commission does not Invalidate this Instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 89.3340 �' OWN, r Signed and sealed at the City of Brookfield, WI this day of O� 'r SEAL s Asysi�nl DIVERSIFIED INSURANCE AGENCY