CM-10-08-162Ci Mana er A roval Summar Sheet
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Consider executing a performance bond regarding the plat for University Village South —
permit 1.
Approval Date: 8/13/2010
Department: Development Services Office
Project Manager: David Freireich
Item Summary:
With Steve's approval this performance bond is being posted as dual obliges, SBB Holding and the City of Round
Rock, to record the plat for University Village South, - Permit 1, at the request of John Avery, Jr.
The performance bond requires the City Manager's signature to execute the bond on behalf of the City.
Strategic Pian Relevance: Strategic Plan Goal 4 — Quality Development
Cost: N/A
Source of Funds: N/A
REV. 6/10/10
TEXAS PERFORMANCE BOND
(Private Work)
Bond No: 0138560
KNOW ALL MEN BY THESE PRESENTS, that: DNT Construction, LLC
as Principal, hereinafter called Contractor, and Berkley Regional Insurance Company a corporation
organized and existing under the laws of the State of Delaware authorized and admitted to do business in
the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called Surety),
as Surety, are held and firmly bound unto SBB Holdings as Obligee, hereinafter called Owner, in the
amount of One Hundred Ninety Three Thousand Five Hundred Forty Five and no/100 Dollars
($ 193,545.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated July 26, 2010
Entered into a contract with Owner for University Village South - Permit 1 Wastewater Line
in accordance with drawings and specifications prepared by Pate Engineers, Inc.
which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall
promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner
having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly
(1) Complete the CONTRACT in accordance with its terms and conditions, or
(2) Obtain a bid or bids for submission to Owner and Surety of the lowest responsible bidder, arrange
for a contract between such bidder and Owner and make available as work progresses (even
through there should be a default or a succession of defaults under the contract or contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of completion less the
balance of the contract price; but not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the contract price," as used in this paragraph, shall mean the total amount payable by
Owner to Contractor under the CONTRACT and any amendments thereto, less the amount
properly paid by Owner to Contractor.
Any suit under this bond must be instituted before expiration of 25 months from the date on which the right
of action accrues, but if this provision is prohibited by law then it shall be deemed to be amended so as to be
equal to the minimum period of limitation allowed by law.
1006-1112
No right of action shall accrue on this bond to or for use of any person or corporation other than the Owner
named herein or their heirs, executors, administrators or successors of Owner.
Signed and sealed this 4th day of August, 20 10.
IN THE PRESENCE OF:
Berkley Regional Insurance Company (Seal)
Surety
B
Cynthia Watson Fowler , Attorney -in -Fact
DNT Construction, LLC (Seal)
Principal
TEXAS STATUTORY PAYMENT BOND
(PRIVATE WORK)
KNOW ALL MEN BY THESE PRESENTS:
That DNT Construction, LLC, as Principal, and Berkley Regional Insurance Company, as Surety, are held and
firmly bound unto SBB Holdings (hereinafter called the Obligee) in the penal sum of One Hundred Ninety Three
Thousand Five Hundred Forty Five and no/100 Dollars ($193,545.00), for the payment whereof, the said Principal and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, The Principal has entered into a certain written contract dated July 26, 2010 with the Obligee for
University Village South - Permit 1 Wastewater Line
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said PRINCIPAL shall promptly
pay for all labor, subcontracts, materials and normal and usual extras not to exceed 15 percent (15%) of said contract
price, then this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that the Obligee having required the said Principal to furnish this bond in order to comply with
the provisions of Subchapter I of Chapter 53.001 of the Texas Property Code, all rights and remedies on this bond shall
inure solely to such claimants and shall be determined in accordance with the provisions, conditions and limitations of
said Texas Property Code to the same extent as if it were copied at length herein.
Signed, sealed and dated August 4th, 2010
(Witness)
THE FOREGOING BOND IS HEREBY APPROVED THIS
%1N day of AVVyiSr10
20
.
SBB Holdings
(Contractor)
221 West Sixth St., Ste. 900, Austin, TX 78701
Address
DNT Construction, LLC
ti,., (Prir7cipal)
lBY3.
By
(Title)
Berkley Regional Insurance Company
(Surety)
(Seal)
(Title)
ynthia Watson Fowler Attorney -in -Fact
Bond No 0138560
DUAL OBLIGEE RIDER
Bond Number: 0138560
WHEREAS, on or about the 26th day of July, 2010, DNT Construction, LLC, as Contractor,
entered into a written agreement with SBB Holdings, as Obligee, for the construction of University
Village South - Permit 1 Wastewater Line herein referred to as the Contract, and
WHEREAS, the Contractor and Berkley Regional Insurance Company as Surety, made,
executed and delivered to said Obligee their joint and several Bond, and
WHEREAS, the Obligee has requested that City of Round Rock, Texas (hereinafter called "Co -
obligee") said Co -obligee having a material interest in the performance of said Contract, be named as an
obligee in the Bond and has requested the Contractor and the Surety to join with the Obligee in the
execution and delivery of this Rider and the Contractor and Surety have agreed so to do upon the conditions
herein stated.
NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration,
receipt of which is hereby acknowledged, the undersigned hereby agree as follows:
The aforesaid Bond shall be and it is hereby amended as follows:
1. The name of City of Round Rock, Texas, as Co -obligee shall be added to said Bond as a
named obligee.
2. The rights of the Co -obligee shall be subject to the condition precedent that all the
Obligee's obligations to the Contractor be performed; provided, however, that the aggregate
liability of the Surety under said bond, to the Obligee and the Co -obligee, as their interests may
appear, is limited to the penal sum of the Bond and provided, further, that the Surety may, at its
option, make any payments under said Bond jointly to the Obligee and the Co -obligee; and further
provided there shall be no liability under the Bond to the Obligee or to the Co -obligee, or to either
of them, unless payment be made to the Contractor at the time and in the manner provided in the
Contract.
3. Except as herein modified, said Bond shall be and remain in full force and effect.
SIGNED, SEALED AND DATED this 4th day of August, 2010.
DNT Construction, LLC
Contractor
Bv.
Berkle Re'ional Insurance Co
Surety
By:
Cynthia Watso
owler, Attorney-in-fact
SBB Holdings
Obligee
City of Round Rock
Co -O. igee
By:
a1uSe,P,E.'G�iVI r
No. 7280a
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna, Don E. Cornell,
Christine Davis, Robbi Morales, Lisa M. Bonnot, Jerry P. Rose, Luke J. Nolan, Jr., Lloyd Ray Pitts, Jr., Beverly M. Trimble or
Cynthia Watson Fowler of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney -in -Fact, to sign its name
as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the
exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars
(U.S.$50,000,000), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers
of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
"RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations
on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto;
and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, 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 obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued."
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this & day of :, 2010.
773 (Seal)
7-7
Attest:
By
Ira S. Lede'fnian
Senior Vice President & Secretary
Berkley Regional Insurance Company
By
for Vi
Hafter
President
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )
T5 Sworn to before me, a Notary Public in the State of Connecticut, this ( day of Z , 2010, by Jeffrey M. Hafter and
Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of
Berkley Regional Insurance Company. EIL.EEN K1l.LN
NOTARY PUBLIC
MYCOMMISSION EXPIRES JUNE30,2012 Notary Public, State of Connecticut
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the
-foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked
or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this
Power of Attorney is attached, is in full force and effect as of this date.j,
Given under my hand and seal of the Company, this- -+K day of "'` ,I fits ,
(Seal)
SteveCoward
67"41-#4._
a
IMPORTANT NOTICE
To obtain Information or make a complaint:
You may call Berkley Surety Group's toll-free
telephone number for information or to make a
complaint at:
1-866-245.1973
You may also write to Berkley Surety Group at:
Berkley Surety Group, Inc.
32S Columbia Turnpike
Suite 203
Florham Park,N1 07932
Attention: Surety Claims Department
OR
E-mail: BSGClalm@wrbcsurety.com
You may contact the Texas Department of
Insurance to obtain Information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should contact the
company. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
AVIS° IMPORTANTE
Para obtener Information o para someter una
queja:
Usted puede Hamar al numero de telefono gratis
de Berkley Surety Group's para informacion o para
someter una queja al:
1-866-245-1973
Usted tamblen puede escribir a Berkley Surety
Group:
Berkley Surety Group, Inc.
325 Columbia Turnpike
Suite 203
Florham Park, NJ 07932
Attention: Surety Claims Department
OR
E-mail: BSGClalm@wrbcsurety.com
Puede comunicarse con el Departamento de
Seguros de Texas para obtener information acerca
de companlas, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdLstate.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concemiente a su prima o a un
reciamo, debe comunicarse con el la compania
primero. Si no se resueive la disputa, puede
entonces comunicarse con el departamento (TO)).
UNA ESTE AVISO A SU PQLIZA: Este aviso es solo
para proposito de informacion y no se convierte en
parte o condition del documento adJunto.