9-00 61 19 Maintenance Bond.doc

00 61 19 - 1

MAINTENANCE BOND

SECTION 00 61 19

MAINTENANCE BOND

THE STATE OF TEXAS

KNOW ALL BY THESE PRESENTS:

COUNTY OF TARRANT

That we_____________________________________________________, known as “Principal” herein and ____________________________________________, a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as “City” herein, in the sum of_________________________________________ Dollars ($_______________________), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the City awarded the_____ day of

, 20 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the “Work”) as provided for in said contract and designated as 2026 ASPHALT RESURFACING CONTRACT 3, City Project No. 106175; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City (“Maintenance Period”); and

WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period.

NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect.

PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches.

IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of

, 20 __.

PRINCIPAL:

BY: ________________________________

Signature

ATTEST:

(Principal) Secretary

Name and Title

Address: ____________________________

Witness as to Principal

SURETY:

BY: ________________________________

Signature

ATTEST:

Name and Title

Address: ____________________________

(Surety) Secretary

Witness as to Surety

Telephone Number: ___________________

Email Address:

*Note:

If signed by an officer of the Surety Company, there must be on file a certified extract from the by‑laws showing that this person has authority to sign such obligation. If Surety’s physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded.

CITY OF FORT WORTH

2026 ASPHALT RESURFACING CONTRACT 3

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

CITY PROJECT NO. 106175

Revised December 8, 2023