10-11 - Exhibit Q - 33-210.pdf

Form 33.210 (06/98) Page 1 of 3

DALLAS AREA RAPID TRANSIT

DALLAS, TEXAS

EXHIBIT Q

PAYMENT BOND

PRINCIPAL (Legal name and business address) Date Bond Executed:

(must be same as or later than contract date) Type Of Organization ("X" one)

Individual Partnership Joint Venture Corporation

State of Incorporation

SURETY(IES) (Name(s) and business address(es)) PENAL SUM OF BOND

CONTRACT DATE CONTRACT NO.

C-209587-01

KNOW ALL MEN BY THESE PRESENTS,

that we, the Principal and Surety(ies) hereto, are firmly bound to the Dallas Area Rapid Transit Authority (hereinafter called the Authority) and to all persons, firms, and corporations who may furnish materials for, and perform labor under the contract referred to above, in the above penal sum for the payment of which we bind ourselves, heirs, executors, administrators, and successors, jointly and severally; provided, that, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or action against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sums only as it is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,

whereas the Principal has entered into the contract identified above, NOW, THEREFORE, if the Principal shall promptly make payment to all persons 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 modification(s) to the Surety(ies) being hereby waived, then this obligation shall be void and of no effect; otherwise, it shall remain in full force and effect. This bond is given to pursuant to the provisions of V.T.C.A., Government Code, Chapter 2253, as amended, all of the requirements of which are fully incorporated by reference herein. If any legal action be filed upon this bond, venue shall lie exclusively in Dallas County, Texas.

The entity identified as the RESIDENT AGENT of the Surety is hereby designated by the Surety as the Resident Agent in Dallas County to whom any requisite notices may be delivered and, on who service of process may be had in matters arising out of such suretyship.

IN WITNESS WHEREOF,

the Principal and Surety(ies) have executed this payment bond and have affixed their seals on the date set forth above.

PRINCIPAL

Signature(s) Typed Names and Titles

Corporate Seal 1.

(seal)

1.

2.

(seal)

2.

CORPORATE SURETY(IES)

(Surety A) Name & Address

State of Incorporation

Corporate Seal Liability Limit $

1. (seal) 2. (seal) Signature(s) Name(s) & Title(s) (Typed)

1. 2.

Form 33.210 (06/98) Page 2 of 3

The RESIDENT AGENT of the surety in Dallas County, Texas, for the delivery of notice and service of process is:

Name: _______________________________________ Address:______________________________________________________

CORPORATE SURETY(IES)

(Surety B) Name &

Corporate Seal

Liability Limit $

1. (seal) 2. (seal) Signature(s)

Name(s) &

1. 2.

The RESIDENT AGENT of the surety in Dallas County, Texas, for the delivery of notice and service of process is:

Name: _______________________________________ Address: _______________________________________________________

(Surety C) Name &

Liability Limit $

1. (seal) 2. (seal)

1. 2.

The RESIDENT AGENT of the surety in Dallas County, Texas, for the delivery of notice and service of process is:

Name: _______________________________________ Address: _______________________________________________________

(Surety D) Name &

Liability Limit $

1. (seal) 2. (seal)

1. 2.

The RESIDENT AGENT of the surety in Dallas County, Texas, for the delivery of notice and service of process is:

Name: _______________________________________ Address: _______________________________________________________

Form 33.210 (06/98) Page 3 of 3

INSTRUCTIONS

1. This form is authorized for use in connection with construction work or the furnishing of supplies or services. There shall be no deviation from this form without approval by the Authority.

2. The full legal name and business address of the Principal shall be inserted in the space designated "Principal" on the face of this form.

The bond shall be signed by an authorized person. When such person is signing in a representative capacity (e.g., an attorney-in-fact), but is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved, a certified copy of the Power of Attorney must be attached . If the amount of the bond exceeds $100,000, the surety(ies) shall be approved for the amount of the bonds, and must hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a Treasury listed insurer, in accordance with the requirements of Article 7.19-1, Vernon's Texas Insurance Code, as amended.

3. The bond shall be executed by a corporate surety or corporate sureties duly authorized to do business in the State of Texas and licensed by the State of Texas to issue surety bonds.

4. Where more than a single corporate surety is involved, their names and addresses (City and State) shall be inserted in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of this form, only the letter identification of the Sureties shall be inserted.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Seal."

6. The name and title of each person signing this payment bond should be typed in the space provided.