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CM-2017-1360 - 4/25/2017AmTrust Surety ri 17771 Cowan Suite 100 • Irvine, California 92614 • (949) 263-3362 AmTrust Surety www.AmTrustSurety.com An AmTrust Financial Company MULTIPLE OBLIGEE RIDER To be attached to and form part of Bond Number 457342P with Developers Surety and Indemnity Company as Surety, Allied Electric Services. Inc. as Principal, and Chasco Constructors, Ltd., L.L.P. as Obligee, for valuable consideration, hereby agree respectively in connection with a contract for Round Rock Public Safety Training Center, 2801 North Mays Street, Round Rock, TX 78665 which bond and contract are made a part hereof by reference, shall now include as additional Obligee(s) The City of Round Rock,Texas This bond is subject to the conditional that no Obligee shall have any right or action greater than those of any other Obligee and shall be subject to all offsets and defenses, however rising, which might be available against any other Obligee, their agents and representatives, in addition to any offsets or defenses that might be available against themselves. The Surety shall not be liable under this bond to the Obligees, or any of them, unless the said Obligees, or any of them, shall make payments to the Principal or to the Surety, in case the Surety arranges for the completion of the contract upon default of the Principal, strictly in accordance with the terms of said contract as to payments, and shall perform all the other obligations to be performed under said contract at the time and in the manner therein set forth. In no event shall the Surety be liable in the aggregate to the Obligees for more than the penalty of this bond. At Surety's election, any payment due to any Obligee may be made by its check issued to the Obligees jointly. Neither the execution nor language of this instrument, nor any previous negotiations, shall be construed as relieving any Obligee from the due and timely performance of such obligations and duties as he, or his agent or representative, may owe to the Principal or the Surety under the contract or bond. WITNESS the following signatures and seals this 20th day of February 2017 Yeas Allied Electric Services, Inc. Developers Surety and Indemnity Company (Principal) (Sa;ety) By: !— By: _ 03c) (Name & Title)nn �Nitsche, Attornye-In-Fact (.Name & Tnie) Chasco Conskructors. Ltd. L.L.P (Obligee) By: (Name & Title) Citv of Ronnd Rock. Texas (Obligee) By: /U&O Q 6�J, me & Title) ID -1234 (Rev. 03/17) By: By: (Obligee) (Name & Title) (Obligee) (Name & Title) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "`Craig Parker, Robert James Nitsche, Robert K. Nitsche, David P. Ferguson, Violet Frosch, Nina K. Smith, Gary Allen Nitsche, Kenneth Nitsche, jointly or severally— as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By: ��lsttvf L A �y AND ��PANY Daniel Young, Senior Vice -President •°•,�� o o •cd.%f RPaRgee * W1936 s =°OCT, 5 By: s o:• 7o e wus a96� s Mark Lansdon, Vice -President ,; .........rgt;Fcy A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, Lucille Raymond Notary Public Dale Here Insert Name and Title of the officer personally appeared Daniel Youn and Mark Landon Name(s) of Signer(s) 50-LUCILLE RAYMOND Commission #r 2081945 Notary Public - CaBfornia Orange County My Comm, Expires Oct 13 2018 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature f Luciilh y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California,this da of 0 1,J A•i„°" 2 0th v February, 2 0 a 7 ••.A��V ANO/h;O+•. � Go,akPANY � ��oRPo+lar�oFyy By. ai1931` _� _ .e Cassie J. msford, Assistant Se tary w 1067' -;o.��cq[IF�ii��P'� :• C'9L1FOP���7 ATS -1002 (02/17) , ��'o " ''> ,.•` IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. "ISO IMPORTANCE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 Usted tambien puedeescribir al Surety: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compa- Was, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: 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 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condicion del documento adjunto. AmTrust Surety An AmTrust Financial Company Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.AmTrustSurety.com ID -1404 (TX) (Rev. 4/15) FAW Developers Surety and Indemnity Company Indemnity Company of California AmTrust Surety CorePointe Insurance Company y 17771 Cowan, Suite 100 • Irvine, California 92614 • (949) 263-3300 An AmTrust Financial Company www.AmTrustSurety.com BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 457342P Principal: Allied Electric Services, Inc. Obligee: Chasco Constructors Surety: Developers Surety and Indemnity Company Effective February 20th, Correction of Obligee Name: Chasco Constructors, Ltd., L.L.P. , 20 17 , it is agreed that: Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed, sealed this 20th day of March Principal: Allied Electric Services, Inc. BY t Accepted Obligee Acknowledgment Chasco Constructors, Ltd., L.L.P. ID -1184 (TX) (Rev 07/15) 20 17 Surety: Developers Surety and Indemnity Company By: _ Kenn N sche Attorney -in -Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint "'Robert James Nitsche, Robert K. Nitsche, David P. Ferguson, Violet Frosch, Nina K. Smith, Craig Parker, Gary Allen Nitsche, Kenneth Nitsche, jointly or severally— as its true and lawful Allomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surely, bonds, undertakings and contracts of suretyship giving and granting unto said Altomey(sj-in-Fact full power and authority to do and io perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Allorney(syin-Fad, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney Is granted and Is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is, authorized to execute [his Power of AKomey, qualifying the allomey(s) named in the Power of Altomey to execute, an behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by Its Secretary orAssislant Secretary this 18th day of Apnl, 2016. � J � o(4 AND v^,_ By: Daniel Young, Senior Vice -President / ocr. D}I`` 1 9] e Q Mark Lansdon, Vice -President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Slate of California County of Orange On April 18 2016 before me, Lucille Ravmpnd Notary Puhlic Date Hem Inoed Name andndo of the Obiter, personally appeared Daniel Youn and Mark Lansdon Name(.) al elgnerl.) I" a- - - - - - - - LUCILLE RAYMOND Commission 0 2081945 .y Notary Public - California i = Orange County n My Comm. Ex fres Oct 13 2018 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrumenl and acknowledged to me that he/she/they executed the same in histhedthefr authorized capacity(ies), and that by his/her/Ther signalure(s) on the instrument the person(s), or the anlity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Lucili y ond, Notary Public CERTIFICATE The undersigned, as Secretary cr Assislant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respecliva Boards of Direclors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, this 20th By: Cassie J. msford, Assistant bactAtary ID -1438 (Rev 04/16) day of March 2017AND AND /No a OCT FQ a a 1D n Q, 19 313 G IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. AV ISO IMPORTANCE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 Usted tambien puedeescribir al Surety: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compa- nias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 web: http://www.tdi.state.tx.us E-mail: Con sum erProtection@tdi.state.tx. us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. AmTrust Surety An AmTrust Financial Company Developers Surety and Indemnity Company Indemnity Company of Califomia CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.AmTrustSurety.com ID -1404 (TX) (Rev. 4/15) Developers Surety and Indemnity Company rl Indemnity Company of California AmTrust Surety CorePointe Insurance Company y 17771 Cowan, Suite 100 • Irvine, California 92614 • (949) 263-3300 An AmTrust Financial Company www.AmTru,5lSurely.com Bond No. 457342P SUBCONTRACT PERFORMANCE BOND FORM A KNOW ALL PERSONS BY THESE PRESENTS, That Allied Electric Services, Inc. P.O. Box 2691 Georgetown TX 78627 mere mserr me ruts name and address of the subcontractor) as Principal, hereinafter called principal, and Developers Surety and Indemnity Company a corporation authorized to transact business as a corporate surety in the State of Texas, as Surety, hereinafter called Surety, are held and firmly bound unto Chasco Constructors, P.O. Box 1057, Round Rock, TX 78680 (Here insert the full name and address of the general contractor) as Obligee, hereinafter called Obligee, in the amount of Two Million Twenty Seven Thousand Dollars and No Cents Dollars (S 2,027,000.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a subcontract with Obligee for Round Rock Public Safetv Training Center �.� —n.v UMI%,o wltu urawmgs ano specmcatton prepared by DnnKley Jargent Arcnitects which subcontract is by reference made a part hereof, and is hereinafter referred to as the subcontract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal shall promptly and faithfully perform said subcontract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Principal shall be, and declared by Obligee to be in default under the subcontract, the Obligee having performed Obligee's obligations thereunder: (1) Surety may promptly remedy the default, subject to the provisions of paragraph 3 herein, or; (2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the performance of Principal's obligation under the subcontract subject to the provisions of paragraph 3 herein; (3) The balance of the subcontract price, as defined below, shall be credited against the reasonable cost of completing performance of the subcontract. If completed by the Obligee, and the reasonable cost exceeds the balance of the subcontract price, the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges completion or remedies the default, that portion of the balance of the subcontract price as may be required to complete the subcontract or remedy the default and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the subcontract. The term "balance of the subcontract price," as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the subcontract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the subcontract. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of Obligee. Signed and Sealed this 20th day of February , 2017 Approved: Chasco Constructors ID -1181 (TX) (REV 7/15) Obligee Allied Electric Services, Inc. (Principal) (Seal) (Title) Developers Sure nd Indemnity Company_ (Surety) (Seal) By neth Nitsche (Atfo-ney-ln-Fact) Kenneth Nitsche orne -In-Fact _ ' Authorized By wRepresentairNillh . (r, ann Title) Signature of Authorized k,presentative Developers Surety and Indemnity Company • Indemnity Company of California AmTrust Suret CorePointe Insurance Company y 17771 Cowan, Suite 100 - Irvine, California 92614 - (949) 263-3300 An AmTrust Financial Company www.AmTrustSurety.com Bond No. 457342P SUBCONTRACT LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: ThaAlt lied Electric Services Inc. P.O. Box 2691 Georgetown TX 78627 (Here insert the full name and address of subcontractor) as Principal, hereinafter called Principal, and Developers Surety and Indemnity Company a corporation, as Surety, are held and firmly bound unto Chasco Constructors, P.O. Box 1057, Round Rock, TX 78680 (Here insert the full name and address of the general contractor) as Obligee, hereinafter called Obligee, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Million Twentv Seven Thousand Dollars and No Cents Dollars ($ 2,027,000.00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a subcontract with Obligee for Round Rock Public Safety Training Center in accordance with drawings and specifications prepared by Brinkley Sargent Architects (Here insert full name and title) which subcontract is by reference made a part hereof, and is hereinafter referred to as the subcontract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the subcontract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of the water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the subcontract. (2) The above named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials furnished by such claimant, may sue on this bond for use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. (3) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Signed and sealed this 20th day of February 12017 Approved: Year Chasco Constructors ID -1182 (TX) (7115) Alli ec Ice (Principal) (Seal) 1 Obligee (Title) Developers Surety and Indemnit y Company _ (Surety) (Seal) By: Kenno gich:�er (Art:;mey-in-Fact) By: uthorized Representative (Name and Title) Signature of Authorized Representative POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Craig Parker, Robert James Nitsche, Robert K. Nitsche, David P. Ferguson, Violet Frosch, Nina K. Smith, Gary Allen Nitsche, Kenneth Nitsche, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. �Iaft� By. Daniel Young, Senior Vice -President V � :�J��aoa cRsroAND �kt 1 ��+4Qp9O q0 A. �r 1936 t ? �C.5 tl o By: s Mark Lansdon, Vice -President " � o.... �;• : �gtrF©R������ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6, 2017 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) LUCILLE RAYMOND _ Commission #k 2081945 Notary Public • California Z Orange County My Comm. Expires Oct 13, 2018 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Lucill6 y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. r,uu„ f /,•� jThis Certificate is executed in the City of Irvine, California, this 20th day of February, 2017 �w AND \,...��?�C� • ��y)�.�.,OPPaRarF,<'�Y�. �.��pPPOgq� C',9 By: Cassie J. msford, Assistant Seotary �J7�q<IFORN�Pda •• �� C�+;/F0A�\4� ATS -1002 (02/17) * r IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. AVISO IMPORTANCE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 Usted tambien puedeescribir al Surety: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compa- nias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: 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 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condicion del documento adjunto. AmTrust Surety An AmTrust Financial Company Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.AmTrustSurety.com ID -1404 (TX) (Rev. 4/15) PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group Bond Number: PB 03016800095 SUBCONTRACT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, Air Craft, Inc as Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY as SURETY, are held and firmly bound unto Chasco Constructors, Ltd., L.L.P. as obligee, in the penal sum of One Million Ninety Eight Thousand Five and 00/100 DOLLARS ($1,098,005.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executor, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, that whereas, the Principal entered into a certain agreement which is hereto attached and made part hereof, with the obligee dated January 23, 2017 for HVAC part of the work covered by a contract between City of Round Rock hereinafter called Owner, and the said obligee for Round Rock Public Safetv Training Facility which contract and specifications and general condition thereof are hereby incorporated herein and shall be deemed a part hereof as full as if set out herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall faithfully perform such Contract and pay all persons who have furnished labor or material for use in or about the improvements and shall indemnify and save harmless Obligee from all cost and damage by reason of Principal's default or failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. It is a further condition that no one other than the named Obligee and the successors, administrators, or assigns of the Obligee shall have any right of action under this bond. SIGNED, SEALED, DATED: March 15, 2017 Air Craft, Inc. B � /�` (Principal) Y� [/ Steve Everage, President Phila is Indemnity Insu ce ompany (Surety) By: a-� Tom Mulanax, Attorney In Rapt PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group Bond Number: PB 03016800095 SUBCONTRACT PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that we, Air Craft, Inc as Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY as SURETY, are held and firmly bound unto Chasco Constructors Ltd., L.L.P. as obligee, in the penal sum of One Million Ninety Eight Thousand Five and 00/100 DOLLARS ($1,098.005.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executor, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, that whereas, the Principal entered into a certain agreement which is hereto attached and made part hereof, with the obligee dated January 23, 2017 for HVAC part of the work covered by a contract between City of Round Rock hereinafter called Owner, and the said obligee for Round Rock Public Safetv Training Facility which contract and specifications and general condition thereof are hereby incorporated herein and shall be deemed a part hereof as full as if set out herein. NOW, THEREFORE, if the said Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said subcontract agreement, and shall pay for all labor performed and materials furnished in the prosecution of the work provided for under the terms of the said subcontract agreement, then this obligation shall be null and void, otherwise to remain in full force and effect. Subject to the priority of the named Obligee with respect to recovery up to the penal sum of this bond, persons who have supplied or furnished labor, material, machinery, equipment or supplies to the principal for use in the prosecution of the work provided for in said contract shall have a direct right of action against said Principal and SURETY under this bond. SIGNED, SEALED, DATED: March 15, 2017 Air Craft, Inc. Philadel i demnity Insuranc om ny (Principal) nn re By: By: o� Steve Everage, President Tom Mulanax, Apdrney In Fact ri PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Moine Group DUAL OBLIGEE RIDER (To be attached to Bond at time of issuance) TO BE ATTACHED TO AND FORM PART OF Bond No. PB03016800095 , dated concurrently with the execution of this Rider, by PHILADELPHIA INDEMNITY INSURANCE COMPANY behalf of Air Craft, Inc. as Principal, and in favor of Chasco Constructors, Ltd., L.L.P. and City of Round Rock as Surety, on as Obligees. IT IS HEREBY UNDERSTOOD AND AGREED that the attached Bond is hereby amended to include the following: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this Bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal, or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. In no event shall the liability of the Principal and the Surety to the Obligee, or either of them, in the aggregate, exceed the penal sum stated in the attached Bond. IT IS FURTHER UNDERSTOOD AND AGREED that nothing contained in this Rider shall be held to change, alter or vary the terms of the attached Bond except as set forth hereinabove. In the event of a conflict between the Bond and this Rider, the parties agree that this Rider shall govern and control. All references to the Bond, either in the Bond or in this Rider, shall include and refer to the Bond as supplemented and amended by this Rider. Except as provided by this Rider, all other terms and conditions of the Bond remain in full force and effect. This Rider may be executed in two or more counterparts, each of which shall be deemed an original, but which together shall constitute one and some instrument. SIGNED, SEALED AND DATED this 15th day of March PRINCIPAL: Air Craft, Inc. Signature: It /L - Name and Title: Agreed to and accepted by: OBLIGEE: Chas nst,wtors, Ltd., L.L.P. Signature: Lilt Name and Title: ,20 17 SURETY: PHILADELPHI MNITY INSLIFi� _7COMPANY Signature: �- Attomey-in-Fact Tom Mular ax OBLIG • Oity of Rou ck Sig4u ` Name and Title: y� 301 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 190040950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Tom Mulanax, Michael Whorton, David Whorton, Rachel Martinez, Pollyanna Lengel and/or Noe Moreno of Whorton Insurance Services, its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFDCED BY ITS AUTHORIZED OFFICE THIS 14T" DAY OF NOVEMBER, 2016. (Seat) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 14'h day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. CDNM fll P NNmv NT" Su More Howard, Notary Public tower Medan Trp., " Mpomery CourdT NY commaaw eapru in. a. 2018 v Yl N�MVLVLVN WCOI'IMp 41:0 �v W �� Notary Public: residing at Bala Cynwyd. PA (Notary Seal) My commission expires: January 8, 2018 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10 day of November, 2016 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 15th day of March -,017 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY IMPORTANT NOTICE To obtain information or make a complaint. You may call the Surety's toll free telephone number for information or to make a complaint at: 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection(a-)tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de para informacion o para someter una queja al: 1-877-438-7459 Usted tanbien puede escribir a Philadelphia Indemnity Insurance Company: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al - 1 -800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: Cons umerProtection(a.tdi.state.tx. us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero Si no se resuelve la disputa, puede entonces comunicarrse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. SureTec Insurance Company RIDER TO BE ATTACHED TO AND FORM A PART OF PERFORMANCE AND PAYMENT BONDS BOND NO. 5228898 Wherein Precision Commercial Plumbing Co., Inc is named as Principal and SureTec Insurance Company, as Surety in favor of Chasco Constructors as Obligee, in the amount of Four Hundred Seventy Two Thousand Two Hundred Twenty Nine Dollars and no/100's ($472,229.00) effective February 15, 2017 for Round Rock Public Safety Training Center - Plumbing, WO # 14118-WO29. WHEREAS, when this bond was executed Chasco Constructors was named as Obligee, and WHEREAS, it is now desired that certain other parties be added as "Additional Obligees". NOW, THEREFORE, it is hereby understood and agreed that the following shall be considered as Additional Obligees under this bond: City of Round Rock and Chasco Constructors, Ltd., LLP The foregoing, however, is subject to the following further provisions: (1) The Surety shall not be liable under this bond to the Obligees, or any of them, unless the said Obligees, or any of them, shall make payment to the Principal or Surety strictly in accordance with the term of said contract as to payments, and shall promptly perform all other obligations to be performed to by the Obligee under said contract at the time and in the manner therein set forth. (2) The Principal and the Surety shall not be liable to any one or to all of the Obligees in the aggregate in excess of the penal sum of the bond, to wit: $472,229.00 . Signed, and sealed this 15th day of February, 2017. Precision Commercial Plumbing Co. Inc. (Principal) By:?� SureTec Insurance Company By: Je nife rith Ami"ey-in-Fact Rev. 11.22.2013 POA #: 5228898 SureTec Insurance Company LIMITED POWER OF ATTORNEY .Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jennifer Frith its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Precision Commercial Plumbing Co., Inc. Obligee: Chasco Constructors; City of Round Rock; Chasco Constructors, Ltd., LLP Amount: S 472,229.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March, A.D. 2013. CPANP,�SURETEC OMPANY ByS John oz . resident State of Texas ss:County of Harris On this 21 st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACOUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 Jacquelyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 15th day of Febr2017 A.D. a Brent Beaty, Assistant S cretary Any Instrument Issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SUBCONTRACT Travelers Casualty and Surety Company of America PERFORMANCE Hartford, CT 06183 BOND Bond No.: 106453189 KNOW ALL BY THESE PRESENTS, That we, Quality Brickworks Ltd , called the Principal, and Travelers Casualty and Surety Company of America a Connecticut corporation, called the Surety, are held and firmly bound unto Chasco Constructors , called the Obligee, in the sum of one Million Forty Eight Thousand Nine Hundred Sixty and No/100 Dollars ( $1,048,960.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has entered into a subcontract with the Obligee, dated January 5 2017 for Round Rock Public Safe TrainingCenter, 2801 North Mays Street,Round Rock TX 78665 Subcontract Agreement No 14118-SC06 ("Subcontract"). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall perform the Construction Work to be done under the Subcontract, then this obligation shall be null and void; otherwise to remain in full force and effect. The Surety's obligations hereunder shall not arise unless Principal is in default under the Subcontract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Subcontract for failing to perform the Construction Work; and Obligee has performed its obligations under the Subcontract. In such event, Surety shall have a reasonable period of time: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Subcontract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Subcontract, arrange for a contract to be prepared for execution by the Obligee and the contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Subcontract balance, as defined below, shall be credited against the reasonable cost of completing the Construction Work to be performed under the Subcontract. If completed by the Obligee pursuant to paragraphs 2 or 3 above, and the reasonable cost exceeds the Subcontract balance, the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety completes the work pursuant to paragraph 1 above, that portion of the Subcontract balance as may be required to complete the Construction Work to be done under the Subcontract and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Subcontract; provided, however, that to the extent that the Surety's outlays exceed the Subcontract balance paid to Surety by Obligee, the Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and the Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Subcontract balance," as used herein shall mean the total amount payable by Obligee under the Subcontract and any amendments thereto, less the amounts heretofore properly paid by Obligee to the Principal under the Subcontract. The term "Construction Work" as used herein shall mean the providing of all labor and/or material necessary to complete Principal's scope of work under the Subcontract. Notwithstanding any language in the Subcontract to the contrary, the Subcontract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. Subcontract Performance Bond — Page 1 of 2 5. Any suit by the Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after the Principal ceased performing the Construction Work under the Subcontract, excluding warranty claims. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than (y) the date of substantial completion of the Construction Work or (z) the date the Principal ceased performing Construction Work, excluding warranty work, whichever occurs first. 6. No suit or action shall be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. Signed this Ist day of March 2017 Quality Brickworks, Ltd. (Principal) r By: James Trayler, President, uality Brickworks, Inc., eneral Partner Travelers Casualty and Surety Company of America � Cal� By. 4�� Eva O. Limmer Attorney -in -Fact Subcontract Performance Bond — Page 2 of 2 TRAVELERS. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230803 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 6 8 61713 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John R. Ward, Eva O. Limmer, Douglas Moore, Emily Mikeska, and Allyson Dean -West of the City of Galesville State of Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recogttizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 6th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ?. gyp:<l� °RR4�V E 6 ,<*, ��K NSG •••pY INSUq�'u. P iY iN0 SLq i I�,��YC RDRgjrp m C j RPRRq 8 _• _�'�4_ ° �.9%% ate;.• . f e Z E s w HARTFORD. < yHACONN SE 'n: ;mono; cy,"it AL ;o: CONN. nCONN. (Z 7896 �y . ,,w �v+s �'� �;.fs Nva•�� ,�d:SFsAL1a State of Connecticut City of Hartford ss. Robert L. Raney, Senior Vice President On this the 6th day of July 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.T� V In Witness Whereof, I hereunto set my hand and official seal. �(�:► C , My Commission expires the 30th day of June, 2021.��G * Marie C. Tetreault, Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SUBCONTRACTOR Travelers Casualty and Surety Company of America PAYMENT BOND Hartford, CT 06183 (Public Work) Bond No.: 106453189 KNOW ALL BY THESE PRESENTS, That we, ouality Brickworks. Ltd. , called the Principal, and Travelers Casualty and Surety Company of America , a Connecticut corporation, called the Surety, are held and firmly bound unto Chasco Constructors , called the Obligee, in the sum of one Million Forty Eight Thousand Nine Hundred Sixty and No/100 Dollars ( $1,048.960.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has entered into a contract with the Obligee, dated January 5, 2017 for Round Rock Public Safety Training Center, 2801 North Mays Street, Round Rock TX 78665 Subcontract Agreement No. 14118-SC06 ("Subcontract's). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material used, consumed or incorporated in the performance of the construction work to be performed under the Subcontract, then this obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as one other than the Obligee having a contract with the Principal or with a direct subcontractor of the Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Subcontract. 2. The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of the Principal shall have a right of action on this bond only if said Claimant notifies the Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of: (1) one year after the day on which the Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day the Claimant last supplied the labor and/or materials for which the claim is made; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. Subcontract Payment Bond — Page 1 of 2 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. The Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Signed this ist day of March , 2017 . Quality Brickworks, Ltd. (Principal) By: James Trayler, President, Quality Brickworks, Inc., General Partner Travelers Casualty and Surety Company of America By: V. Eva O. Limmer , Attorney -in -Fact Subcontract Payment Bond — Page 2 of 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Awak POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230803 Certificate No. 0 0 6 8 6 1 7 1 4 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John R. Ward, Eva O. Limmer, Douglas Moore, Emily Mikeska, and Allyson Dean -West of the City of Galesville , State of Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 6th clay of July 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GAS U•��• TY �.` F\RE��6'Wy� ;'N �yS ",� 1NSU9�`� PFtY ANO SU8 � Y �� �� �4 ' 9iCORR)RA1FD EFY �..�,�. z`= �j�,�,uaron+r�� ;wicoavoaAr '�'_ ° �, •;J �S E HL gt i r 19 4 �•. •n: : :D : 7896 51 4 S;o: CONN. n CONN. J8 NO< ted'•. �r ppps:SE7iLmOr� i �i ....... . �.f State of Connecticut City of Hartford ss. 44�6gy, Robert L. Raney, Senior Vice President On this the 6th day of July 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal. ,�gzai � W w" %My Commission expires the 30th day of June, 2021. �OIIBU� # Marie C. Tetreault, Notary Public �s 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER MULTIPLE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA OBLIGEE Hartford, Connecticut 06183 RIDER (Concurrent Execution) This Rider is executed concurrently with and shall be attached to and form a part of performance bond No. 106453189. WHEREAS, on or about the 5th day of January, 2017, Quality Brickworks, Ltd. (hereinafter called the "Principal"), entered into a written agreement with Chasco Constructors (hereinafter called the "Primary Obligee") for Round Rock Public Safety Training Center; Subcontract No. 14118-SC06 (hereinafter called the "Contract"); and WHEREAS, Principal is required by the Contract to provide a performance bond and Primary Obligee has requested that Chasco Constructors, Ltd., L.L.P. and the City of Round Rock be named as additional obligees under the performance bond; and WHEREAS, Principal and Travelers Casualty and Surety Company of America (hereinafter referred to as "Surety") have agreed to execute and deliver this Rider in conjunction Performance Bond No. 106453189 (hereinafter referred to as "Bond") NOW, THEREFORE, the undersigned hereby agree and stipulate that Chasco Constructors, Ltd., L.L.P., and the City of Round Rock shall be added to the Bond as named obligees (hereinafter referred to as "Additional Obligees"), subject to the conditions set forth below: 1. The Surety shall not be liable under the Bond to the Primary Obligee, the Additional Obligees, or any of them, unless the Primary Obligee, the Additional Obligees, or any of them, shall make payments to the Principal (or in the case the Surety arranges for completion of the Contract, to the Surety) strictly in accordance with the terms of said Contract as to payments and shall perform all other obligations to be performed under said Contract at the time and in the manner therein set forth; and 2. The aggregate liability of the Surety under the Bond, to any or all of the obligees, as their interests may appear, is limited to the penal sum of the Bond, that the Additional Obligees' rights hereunder are subject to the same defenses Principal and/or Surety have against the Primary Obligee, and that the total liability of the Surety shall in no event exceed the amount recoverable from the Principal by the Primary Obligee under the Contract; and 3. The Surety may, at its option, make any payments under the Bond by check issued jointly to all of the obligees. Except as herein modified, the Bond shall be and remains in full force and effect. Signed this 1 St day of March, 2017. Quality Brickwo ks, Ltd. (Principal) By: James Trayler, President, Quality Brickworks, Inc., General Partner, Travelers Casualty and Surety Company of America By: i�, a r Eva O. Limmer, Attorney -in -Fact WARNING: THIS POWER OF RED BORDER At W POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230803 Certificate No. O O 6 8 61 7 1 5 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John R. Ward, Eva O. Limmer, Douglas Moore, Emily Mikeska, and Allyson Dean -West of the City of Gatesville , State of Texas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 6th day of July 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 5 b" (1 $ wC�PoRAIED v T:F J �icoPCOflA)� W IGaPPORAT r(1' ¢r HARTFORD, < HRW. 0R - ; s =z[ t1 f i u c Z _ _ m CONN, n CONf1. 1696 SSy= 1951 �':,SEALio'1 SEAL:'3°= Oo �a ` 2� I v1S..........*..b State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 6th day of July 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. p�L`G * Marie C. Tetreault, Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll- free telephone number for information or to make a complaint at: 1-800-328-2189 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: ConsumerProtectiona-tdi state tx us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN -042-B) Ed. 10.18.07 City of Round Rock J�R OUND ROCK EXAS Agenda Item Summary Agenda Number: Title: Consider approving subcontractor bonds for the Round Rock Public Safety Training Facility Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/21/2017 Dept Director: Steve Sheets Cost: Indexes: Attachments: 00376506.PDF, 00376507.PDF, 00376508.PDF, 00376509.PDF, 00376519.PDF Department: Legal Department Text of Legislative File CM -2017-1360 Consider approving subcontractor bonds for the Round Rock Public Safety Training Facility Project. Source of Funds: Round Rock Public Safety Training Facility City of Round Rock Page 1 Printed on 412012017