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HomeMy WebLinkAboutContracts & Agreements_197-2016 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 20th day of September, 2016, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and EBS General Engineering, Incorporated (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a"Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following: CDBG ALLEY PAVING IMPROVEMENTS, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's CDBG ALLEY PAVING IMPROVEMENTS, Project No. 43060. 2. THE CONTRACT SUM. City shall pay Contractor the sum of 5132,235 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within 90 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto. 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. CD 1 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project where both Federal and State laws will be enforced. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any Iaw or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (S E A L) (Owner) By: Mayor, City of-Redlands, County of"San Bernardino, California. ATTEST: ?,ai .......................... Cit'Y-Ocr qty - .Redlands County of San Bernardino, Calift)rnia (SFAL) Narne of Contractor Signature of Authorized Agent Jk% Velrftli :U .............. Title Signature of Authorized Aocnt(it'necessary) Title Contractor's License No. CD 3 ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENERAL ENGWEERING, INC A CAZ..IFORNIA CORPORATION All of the Board of Directors of EBS General Engineering,Inc.,desiring to insure that all the proper and authorized individuals,who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting,on January 3,2010. The Board, following a xeview of the foregoing matter, and upon motion made and seconded,the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that Joseph Nanei is hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind,obligate and commit EBS General Engineering, Inc. to any and all contracts executed by and between EBS General Engineering,Inc. and any other contracting party. There being no further or pending business before the Board,the meeting was adjourned. BOARD OF DIRECTORS Date: January 3,2010 Josep anti, Sole Director ATTESTATION I,being the Secretary of the above referenced corporati on,do hereby certify that the above resolution is the ivsolution of the corporation. Dated: Josep ,ranci, Secretary WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities &Engineering Department CDBG ALLEY PAVING IMPROVEMENTS, Project No. 43060 Labor Code, Section 3700, provides, in part that: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duty authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before conuxrencing the performance of the work of this contract. (Labor Code section 1861) Dated this day of. , 2016. (Contrac r) (Signature) 52� I. klr�"; (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD 4 BOND #4407236 PREMIUM $1,904 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and EBS General Engineering, Incorporated (hereinafter designated as "Principal") have entered into an agree€hent dated September 20, 2016 ("Agrecrnent") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as CDBG ALLEY PAVING IMPROVEMENTS, PROJECT NO. 43060 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and SURETEC INSURANCE COMPANY , as Surety, are held and firmly bound unto the City in the penal sum of one hundred thirty two thousand two hundred thirty five dollars and zero cents ($132,235) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: 1. Complete the Agreement in accordance with its terms and conditions; or Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work CD 5 progresses sufficient funds to pay the cost of completion (it' the Work less the balance of the A-reement price, but not exceedina, including other costs and damages for which Surety may be liable hereunder, the amount set forth above, The tern) "balance of the A-reement plice", as Used in this paragraph, shall nican the total arrIOUnt payable to the: Principal by the City Under the A-reQrnent and any modifications thereto, less the amount I-M-CMOUSIV property paid by the City to the Principal. Surely expressly aql;rces that the City may re' actor or SL1bG0I1tFaCt0F Which ject any contractor- may be proposed by Surety In fulfillniclu of its Obli-1_1,16011S In the event Of' default by the Principal. Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept Z:1 a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's obljection to the Principal's further participation in the completion of the Work. No riolit of action shall accrue on the bond to or For the use of any person or corporation. C, other than the City named herein Or the SLICCCSSOI-S or assigns of the City, Any Suit under this bond must be instituted within the applicable statute oflimitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shalt in any way affect its obligations on this bond, an([ it does hereby waive notice of any such chantye, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. 0 No final settlement between the City and the Principal shall abridge the right of any beneficiary hereundcr%vhose claim may be unsatisfied. The Principal and Surety agree that if the City is required to en-age the Services of any attorney in connection with the enforcement of this bond, cacti shall pay the City's reasonable attori-leys' fees incurred, with or without suit, in addition to the above slim. In witness whereof, this instrument has been duly executed by the Principal and Surety above nw-riccl, on SEPTEMBER 26 2016, (SEAL) ESEA L) EBS GENERAL ENGINEERING, INC. SURETEC INSURANCE COMPANY Cont-ac- I-) (Surety) r, '7 le BY: A &&A (Signature) (Sigrikure) ATTORNEY—IN—FACT Q, I SPENCER tLAKE Address� 3033 5TH AVE. , SUITE 300 (Sea] and Notarial Acknowledgement ref Surety) SAN DIEGO, CA 92103 Telephone: (619 ) 400-4100__ CD 6 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of riverside On 09/28/2016 before me, Jessica Navarro w �Jcitar Public (Here insert name and title of the officer) personally appeared Joseph A. Nand who proved to file on the basis of satisfactory evidence to be the person(s) whose nanne(s) is/are subscribed to the within instrument and acknowledged to nae 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. VARRO WITNESS Irl hand and official seal. CommissionC46 11 of' YRA, , = im Public t�w� t C�>f�2t, t (Notary Sea Signpfic^ofNotary public ADDITIONAL OPT IONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Ant, aclowivPedrgraacrrt cornpl¢taad in Ccrljfiia^iiia trust c•oratain verbiazge eaactd)' it.? DESCRIPTION OF THE ATTACHED DOCUMENT updtears above in the notary .rection an-a .separate acknoarledgrnent l"orrn mutt be properb„ completed and arta ched to dial docanvent. the orrdv VXCcptunr iS if ca due imlent is to be recorded onrsicle of C'a!i%rnda_ In ruck instances.tang alternative a tcknonrledginew verbiage cis rrury be hrrirrted on such a otocu ent so long as the (Title or description of attached docurtreo't) verbiage floes not rcqu re the notargr to do something that is illegal Jnr a notar,r Gz C"adrforraia (t.e. cer'trf.ving the authorized capaaitY of the signer!. Ptefis•e check the __, Aire aaneur earefadl),Jrrr projwr rautcniad ararr-ding anal attach thus orrra a rcgaaared. icu ens conhnucd'._._ Title or desert tion cif attcaeh¢;ci eta rrr 1 ( p State and County information must be the State and County where the document Number of FlageS Doctutaletat Date signers)personally appeared before the notary public for acknowlcdgmeut. a Date of notarization must be the date that the signcr(s)personally appeared which traust also be the same date the c-acknooAcdgment is completed. (Additional information) a The notary public must print his or her naatnc as it appears within his or her commission followed by a corrins and then your title(notary public). Print the nantc(s) of dociaricsvt signer(s) who personally appear at the time of nota,fizatlon.. CAPACITY CLAIMED BY THE SIGNER a indicate the correct rect singilar r the forms o¢rfiiby crossing t f' incorrect fortis(r.c. tae/sl'rc ilse�r- . g correctly icrducsrke this n Individual�(s) ._ at1far-111attorr tray lead to rejection nfclocurarcn't recording. is CotToorate Officer a 'rhe notary scal impression nutst be clear and photographically reproducible. _...a. Impression must not cover text or lines.. if seal impression strrudics, ce-scat if'as ('piYle;) auCheieurt area permits„otherwise coarap@eta:a different acknowledgment form. a, a Signature or the notary public trust nratclr the signature cin file with the office;of I Srttlt r{S�, the county clerk. F1 Aftornery-in-Fact Additional information is not required taut could help to ensure this TrtiStee(a� srcknowicdginent i.not rsnisrrsed or attached to a different document. i Other indicate title or type of aatta shed document,number of pap r aril date. «• JuLlicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(Lc CFO,CFO,Secretary), Securely attach this document to the argned document 2008 Version CApA v12.10.07 800-873-905 www.'tvtotaryClasses.courr ----------- CALIFORNIA ALL- C LEDG T A notary public or other officer completing this certificate verities 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 grange On 69/26/2016 before me, Lexie Sherwood _. Notary Public„ Date Vnserl Narne of Notary exactly as it appears on the cfgciaY seal personally appeared Spencer Flake Narne(s)of Signer(s) 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 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 l_FIE SFiERPOOI person(s), or the entity upon behalf of which the person(s) COMM.tt 20317 82 acted, executed the instrument. 'M'0wKNOTARY PUBUC &CALIFORNIA M ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of � Comm Exp JULY 27,2017 the State of California that the foregoing paragraph is true and correct. I Witness my hand and officiaseal. Signature Mr ° Place Notary Seal Above signature:of Notary Pu is exit erwooa OPTIONAL Though the information below is not required by law, it may prove valuable to,persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description o'f Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 4 Signers Name: Signer's Name: --. ❑ Individual ❑ Individual ❑ Corporate Officer—Ttle(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑,,General ❑ Partner ❑Limited❑General ❑, Attorney in FactWhere ❑ Attorney in FactTrustee AE] Trustee Guardian or Conservator Topof thumb ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: [Signer is Representing: Signer is Representing: roA#: 510123 SureTec Insurance Company LEMTED POWER OF ATTORNEY Know All 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 Charles L. Flake, David L.Culbertson, Spencer Flake 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: Five Million and 001100 Dollars($5,000,000.00) 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 shall continue in force until 6/1612017 and 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 Attorney(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 Attomey-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 20*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 lath day of May ,A.D. 2015 SURETEC INSURANCE COMPANY S�]RANCfi By: 1Ui w j nE John 4doxresident State of Texas ss: �� County of Harris On this 18th day of May ,A.D. 2015 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. JACQUELYN MALDONADO Notary Public !1 Stale of Texas 1 I FaF � My Comm.Exp.511812017 Jacq'elyn Maldonado,Notary Public My commission expires May 18,2017 I,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 26TH day of SEPTEMBE 2016 ,A.D. M.Bre t Beaty,Assistantecretary 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. BOND #4407236 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOM Whereas, the City Council of the City of Redlands, State of Califoe-nia, and EBS General Engineering, Incorporated (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated September 20, 2016, and identified as CDBG ALLEY PAVING IMPROVEMENTS, PROJECT NO. 43060 is hereby referred to and made a part hereof, and Whereas, under the terns of the Agreement, Principal is required before commending the performance of the Work, to File a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Par[ 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractor's, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one hundred thirty two thousand, two hundred thirty five dollars and zero cents ($132,235) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change; extension of time, alteration or addition to the terms of the Agreement or (lie specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. CD 7 In witness whereof, this HISti'LlIflent has been d(11\' CV2CWCd by 01C MId surety abO\'c ""rued. Ml --S. EPTEMBE.& 26 2016, (SEAL) (S L)l EBS GENERAL ENGINEERING, INC. SURETEC INSURANCE COMPANY (CIA t-actor) s BY: k Nvqo" 641gliatul"o SPENCER PLAKE (Sioll[ItUre) ATTORNEY—IN—PACT Address: 3033 5TH AVE. , SUITE 300 (Seal and Notarial Ackiiowled,,cmon( Of Sair-etw D SAN DIEGO, CA 92103 Telephone: (619 ) 400-4100, CD 8 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Riverside On 09/28/2016 before me, Jessica Navarro , Notary Public ('Here insert name and title ofthe officer) personally appeared Joseph A. Nand who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are 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. T certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. =Nol:ifornia ARRO2646333WITNESS nay hand and official seal. t C 6'itorniun4y20tlet 2t, 7 , ., (Notary Seal) Signa 'Notary public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION 7,.^� //yy¢¢,, ( p�,; �-r, ry�^q �,{�[��,p klt' cadent+wledgwe�rn completed in C°alilin-nia must contain verhiage etxacti_r a.t DESCRIPTION OF,I I IE AI"I AC14ED I OCUMEN I cg1pear y obove in the notary section or a Lsep Arate acknowlLdgitient fi)rin nnfs't Xaa proj1e"rlW; cCnnjrleled and ottachett to that docioient. The on1t, c�,cceplioll is V doeurpent it to he recorded ourside ry Crilitornia.In such instances, arty alternative, (Title or description of.attacheed docurnent) aeknoi.t�l dgrrtent verbiage cis mm(r he printed on such a docurnead so, 10,19 as Clue veihiage does not require thr!notaiy to rira starnething that is illegal for a notary in Cahafornia (i.e. ccrtir tits; the authorized cizuticigy,of thze signer). please chock Clie _.. _ _.._ _ document rare lull),fbi,in,crlae r notarial wording and mirth this frsrin ti"requircd. (T'itlas or descriptiaav ofattached doeurneirt continued) `� M State�nez sd personally fly aorrnarecl belation Lorest bo the State and County avlrcrc the docunBcnt Number of Pages DocumentDate_ 6 � )p pp the notary public for acknowledgment. Date of notarization nsust he the dame that the signcr(,4)personally appeared which must also he the sarne date the acpnowledgmern is completcd. (Additional information) * The notary public nnust print his or her inanrc as it appears within his or her commission followed by a tonna and then your title(notary public). Print the nanre(s) of document signer(s) who pet.vonally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER . Indicate the correct singular or plmtil ferias by crossing off incorrect fortis(i.e. helshcitha ;is/are)err circling the correct lbrms Failure to correctly indicate thi+ Ll Individual(S) information may lead to rejection ofdocumernt recording. EI Corporate Officer < The notary seal impression must be clear and photographically reproducible. ...__ . lnip�ruwsion mast not cover text or fines. if seal impression smudges,re-seal if a .__..... (`title) sufficient area permits,otPn¢ra+isc complete at different acknowledgment C�rrtn. Signature of the notary public uuast match the sit,nanlre oil file with the office of 0 Partner(s) the county clerk. Attorney-in-Fact Additional information is not retiuired bort could help to ensure this Trustee(s) acknowledgment is not misused tai attached to a dift"orent doLurnent. Indicate title or type ofattached document,number of pages and date. LF]7 OtherIndicate the capacity claimed by the signer.If the,claimed capacityis a corporate officer,indicate the title(i.e CEO,Ciro,Secretary). - Seenrely attach,this clocurnent to the sognncd,document 2008 Version CA PA v12.l,0.07 800-873-°98'65 www.NotaryClaasses-con I poA#; 510123 Sure'Tec Insurance Company LIMNED POWER OF ATTORNEY Know All 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 Charles L, Flake, David L.Culbertson, Spencer Flake 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: Five Million and 001100 Dollars($5,000,000.00) 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 Attomey-in-Fact may do in the premises. Said appointment shall continue in force until 511812017 and 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 Attorneys)-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 beariaag 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 20 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 18th day of May ,A.D. 2015 SURETEC INSURANCE COMPANY .*JC NcF r 1 By: rw; ;n= John I ox Ji: resident State of Texas ss: � f' County of Harris .'w„rrro„�om�`�� On this 18th day of May ,A.D. 2015 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. JACQUELYN MALa0NA00 Notary Public /1 stale oiTexas t s"rFOF My Comm.Exp,5118/2017 Jacq''relyn 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 26TH day of SEPTEMBEP, 2016 A.D. nzdi�l — M.Bre t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally veld 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.