HomeMy WebLinkAboutContracts & Agreements_133-2021PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 20th day of July,
2021, 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, Inc. (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 will perform all of the work for
the following: Mid -Block Crosswalk Installation Project - Eureka and Church Street, complete all
items as required by the Contract Documents (as herein defined) and Specifications for City's
Mid -Block Crosswalk Installation Project - Eureka and Church Street, Project No 101400-8403
(the "Work")
2. CONTRACT SUM. City shall pay Contractor the sum of ninety four thousand one hundred forty
five dollars and fifty cents dollars ($94,145.50) 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 required to be withheld by City pursuant to an escrow
agreement as set forth in Public Contract Code section 22300
3 TIME FOR COMPLETION The Work shall be completed within sixty (60) calendar days
from and after the date of the delivery to Contractor of the 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 five hundred dollars ($500) for each
consecutive calendar day in excess of the specified time for completion of the Work. Execution of
this Contract shall constitute agreement by City and Contractor that five hundred dollars ($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 liquidated damages and shall not be construed as a
penalty, and may be deducted from payments due the Contractor if such delay occurs.
5 CONTRACT DOCUMENTS This Contract incorporates by reference the following: Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance,
Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and
any addenda thereto (collectively, the "Contract Documents").
6 ATTORNEYS' FEES In the event any action is commenced to enforce or interpret the terms or
conditions of this Contract, or 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
7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of three
hundred seventy five thousand dollars ($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
L.\ca\djm\Agreements\EBS General Engineering.PW 3 1.FY21-0003.doc.jn
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.
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 law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor
L.\ca\djm\Agreements\EBS General Engineering.PW 3 1.FY21-0003.doc.jn
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above
(SEAL)
ATTEST.
hnne Donaldson, City Clerk
Paul T Barich Mayor
(SEAL)
EBS General Engineering, Inc
Name of Contactor
By
Signature of
Title
U r
Authorized Agent
Thomas Nanci, President
Signature of Authorized Agent (if necessary)
Title
720016
Contractor's License No
L \ca\dj n\Agreements\EBS General Engineering.PW 3.1 FY21 0003 doc.pp
ACTION AND RESOLUTION BY
THE BOARD OF DIRECTORS OF
EBS GENERAL ENGINEERING, INC.,
A CALIFORNIA CORPORATION
The Board of Directors of EBS General Engineering, Inc. (the "Corporation"), desiring
to insure that all the proper and authorized individuals who have corporate authority to bind the
Corporation to any and all contracts executed by such authorized individuals have been approved
by the Board of Directors of the Corporation (the "Board"), held a meeting on July 26, 2019
The Board, following a review of the foregoing matter and upon motion made and
seconded, hereby determines and votes unanimously as follows:
BE IT THEREFORE RESOLVED that either Thomas E. Nanci or Joseph D
Nanci, acting alone, in his capacity as an officer of the Corporation, is hereby
designated, authorized and empowered to be duly authorized with all the attendant
powers and authorization related thereto, to bind, obligate and commit the
Corporation to any and all contracts executed by and between the Corporation and
any other contracting party
There being no further or pending business before the Board, the meeting was adjourned.
BOARD OF DIRECTORS
Dated July 26, 2019
1, Sole Director
ATTESTATION
1, being the Secretary of the above -referenced Corporation, do hereby c
above resolution is the resolution of the Corporation.
Dated, July 26, 2019
, Secretary
that °the
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
Mid -Block Crosswalk Installation Project
Eureka and Church Street
Project No 101400-8403
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 by one or more insurers duly
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
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that I
become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance
I certify under penalty of pei jury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
Dated this 16 day of July , 2021
EBS eral Engineering, Inc.
actor)
s
(Signature)
Thomas Nanci, President
(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.)
L:\ca\djm\Agreements\EBS General Engineering.PW 3 1.FY21-0003.doc.jn
Executed in Two Counterparts
FAITHFUL PERFORMANCE BOND
Bond #4440910
Premium $1,017
Whereas, the City of Redlands ("City"), State of California, and EBS General Engineering,
Inc (hereinafter designated as "Principal") have entered into an agreement dated July 20, 2021
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as Mid -Block Crosswalk Installation Project - Eureka
and Church Street 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 Work, now, therefore, we, the Principal and,
SureTec Insurance Company , as Surety, are held and firmly bound unto the City in the penal
sum of ninety four thousand one hundred forty five dollars and fifty cents dollars ($94,145 50)
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 Work, 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 Work in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Work 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 progresses
sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price,
but not exceeding, including other costs and damages for which Surety may be liable hereunder, the
amount set forth above The term "balance of the Agreement price," as used in this paragraph,
L:\ca\djm\Agreements\EBS General Engineering.PW 3 1.FY21-0003.doc.jn
shall mean the total amount payable to the Principal by the City under the Agreement and any
modifications thereto, less the amount previously properly paid by the City to the Principal
Surety expressly agrees that the City may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Principal
Surety shall not utilize the Principal in completing the Work nor shall Surety accept 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 objection to the Principal's further participation in the completion of
the Work
No right of action shall accrue on the bond to or for the use of any person or corporation
other than the City named herein or the successors or assigns of the City Any suit under this bond
must be instituted within the applicable statute of limitations 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 shall in any way affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the work or to the specifications
No final settlement between the City and the Principal shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied
The Principal and Surety agree that if the City is required to engage the services of any
attorney in connection with the enforcement of this bond, each shall pay the City's reasonable
attorneys' fees incurred, with or without suit, in addition to the above sum
In witness whereof, this instrument has been duly executed by the Principal arid Surety
above named, on July 20 , 2021
EBS General En
(Co
(SEAL)
g, Inc
(Si ature)
Tho as Nanci, President
(SEAL)
SureTeQ Iris ance Company
17
BY
Charles L Flake(Signature) Attorney -in -Fact
Address 3131 Camino del Rio N., #1450
San Diego, CA 92108
(Seal and Notarial Acknowledgment of Telephone ( 619 )400-4100
Surety)
L \ca\djm\Agreements\EBS General Engineering.PW 3 I FY2I 0003 doc.in
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE 011D9
�wXWOBa M.
Anotary public urother off Ice r completing this certificate verifies onlythe 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 Riverside U
On 7/20/21
Dote
personally appeared Thomas Nanci
X0 before me ChoUnoWhitcher Notary Public
Here Insert Nome and Title of the Offlcer
NomepVofSignp/(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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 ofwhich the porsnn(s)acted, executed the instrument,
Notary Public California
Riverside County
Commission
___ _
*�mxmMy Comm. Expires Apr 10, 2024
Place Notary Seal andlor Stamp Above
| certify under PENALTY OFPERJURY under the
laws nfthe State ofCalifornia that the foregoing
paragraph |strue and correct.
WITNESS my hand and off IcIal seal
Signature
OPTIONAL
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Completing this information con deter alteration m'the document m
fraudulent reattachment of this form to an unintended document.
Description pfAttached Document
T|dn or Type of Document:
Document Date: Number ofPages:
Signer(s) Other Than Named Above:
Capncity(ieo) Claimed bySh]ner(s)
Signer's Name-
0 Corporate Officer —Tit|e(s):
O Rartnor— o Limited O General
O Individual El Attorney inFact
El Trustee EiGuardian mConservator
El Other,
Signer |sRepresenting
Signer's Name-
0 Corporate Officer —Title(s)'
O Partner— O Limited O General
o Individual O Attorney |nFact
c} Trustee O Guardian or Conservator
O[ther
Signer isRepresenting,
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(02018National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 7/20/2021 before me, Erin Sherwood
Date
personally appeared Charles L Flake
Insert Name of Notary exactly as it appears on the official seal
, Notary Public
Name(s) of Signer(s)
ERIN SHERWOOD (
COMM #2292388 CD
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
MY COMM EXPIRES JULY 06 2023
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 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
OPTIONAL
Signat alotary Public
rin Sherwood
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 of Attached Document
Title or Type of Document
Document Date
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
Number of Pages
❑ Individual
❑ Corporate Officer —Title(s)
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer is Representing
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OF SIGNER
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Signer's Name
❑ Individual
❑ Corporate Officer —Title(s)
❑ Partner ❑ Limited 111 General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer is Representing
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POA# 510123
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its
principal office In the County of Harris, Texas and Markel Insurance Company (the 'Company"), a corporation duly organized and existing under the laws of the state
of Illinois, and having Its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis
Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on
their own behalf, individually as a surety or Jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however
that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of.
Ten Million and 00/100 Dollars ($10,000,000.00)
This Power of Attorney Is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec
Insurance Company and Markel Insurance Company
'RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary Treasurer and each of them hereby is authorized to execute
power of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the
company qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec
Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto.
IN WITNESS WHEREOF Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be
signed by their duly authorized officers on the nth day of May 2020
SureTec insurance Company
Michael C. Keimig, President
Commonwealth of Virginia
County of Henrico SS:
SEAL $A
.;44IN0. 'V$
By
Markel insuragce Company
Rd in Russo, Senior Vice President
On this tam day of May 2020 A. D. before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and
qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding
instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the saki companies aforesaid,
and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companles, and the said Corporate Seals and their signatures as officers were
duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of
said Companies referred to in the preceding instrument is now in force. a`o00 0,_0 ,10,100i3O.0 ✓
IN TESTIMONY WHEREOF 1 have hereunto set my hand, and affixed maebff $eal'ab tin Cttiinty'.of Henrico, the day and year first above written. �
my 0
COMMISSION By. `�„_.._..,:!
n NUMBER ,
Q w Donna Donavant, Notary Public
0,'17.
7083968 �' My commission expires 1/31/2023
O/1/�r'•
We, the undersigned Officers of SureTec Insurance Company and MarkeYyrastrn 6"kge Ony cifeherby certify that the original POWER OF ATTORNEY of which the
foregoing Is a full, true and correct copy is still in full force and effect and ha4tu1t0l irj mad.
IN WITNESS WHEREOF we have hereunto set our hands, and affixed the Seals of said Companies, on the 20th day of July 2021
Sur • ec insur.. ce Cpan
Markel Insurance Company
By By: \ 1.�,aa. ".. ( -pp\
M. Br- t Beaty, Assistant Secreta Richard R. Grinnan, Vice President ariq.S:ncre ary
Any Instrument Issued in excess of the penalty stated above Is totally void and without any validity. 510123
For verification of the authority of this Power you may call (713)812.0800 on any business day between 8:30 AM and 5:00 PM CST
above named, on
Executed in Two Counterparts
LABOR AND MATERIAL BOND
Bond #4440910
Premium Included in
Performance Bond
Whereas, the City Council of the City of Redlands, State of California, and EBS General
Engineering, Inc (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 July 20, 2021, and identified as Mid -
Block Crosswalk Installation Project - Eureka and Church Street 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 Part 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 contractors, 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 ninety four thousand one hundred forty five dollars and fifty cents dollars
($94,145 50) 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 the 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
in witness whereof, this instrument has been duly executed by the Principal and surety
July 20 , 2021
(SEAL) (SEAL)
EBS Gereral Egineenng, Inc SureT- ns rance Compan
ctor) / (Sum
BY
(Signature) Charles L Flake(Signature)Attorney-in-Fact
Th as Nana, President Address 3131 Camino del Rio N. #1450
(Seal and Notarial Acknowledgement of Surety) San Diego, CA 92108
Telephone (619 )400-4100
L \ca\djm\Agreements\EBS General Engineering_PW 3 I FY21 0003 doc.jn
CALIFORNIA ACKNOWLEDGMENT
��«wmnw�mw�vm.xw�°mftR, 1�,ywkl
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CIVIL CODE D118g
Anotarypublic orother officer completing this certificate verifies only the idenUtyo[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
Riverside
On On 7QO/21
Date
personally appeared Thomas Nand
� before me, CristinoWhitcherNotary Public
Here Insert Name and Title of the Officer
Name(s) of3ignor(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubschbnd
to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capacity(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity
upon behalf ofwhich the person(s) acted' executed the instrument.
Z
CRISTINA WHITCHER
Notary Public California
Riverside County
Place Notary Seal andlor Stomp Above
| certify under PENALTY UFPERJURY under the
laws ofthe State nfCalifornia that the foregoing
paragraph |strue and correct.
WITNESS my hand and official seal.
Signature
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SIgnoturepfNotary PublIc
Completing this Information can deter alteration nfthe document m
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S|gner(s)Other Than Named Above:
Copadty(les) Claimed bySigner(s)
Signers Name-
11CorporateOf cer—Tide(s):
o Pnrtner— O Limited ii General
O Individual O Attorney in Fact
O Trustee O Guardian nrConservator
O[ther
Signer isRepresenting
Signer's Name
OCorporate Officer —Title(s)
o Partnor— o Limited o General
O|ndkidua| oAttorney |nFact
O Trustee O Guardian orConservator
El Other,
Signer ieRepresenting:
(�)Z018National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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
7/20/2021
Date
before me, Erin Sherwood
personally appeared Charles L Flake
}
Insert Name of Notary exactly as it appears on the official seal
Name(s) of Signer(s)
, Notary Public,
ERIN SHERWOOD
-j
COMM #2292388 co
NOTARY PUBLIC CALIFORNIA M
ORANGE COUNTY
MY COMM EXPIRES JULY 06 2023
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 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 se
Signature
OPTIONAL
-1-re:(2
Sire of Notary Public Erin Sherwood
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 of Attached Document
Title or Type of Document
Document Date
Number of Pages
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Individual
❑ Corporate Officer —Title(s)
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
E Other
Signer is Representing
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OF SIGNER
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Signer s Name
❑ Individual
❑ Corporate Officer —Title(s)
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer is Representing
RIGHT THUMBPRINT
OF SIGNER
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PQA# 510123
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its
principal office in the County of Harris, Texas and Markel Insurance Company (the 'Company"), a corporation duly organized and existing under the laws of the state
of Illinois, and having Its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis
Their true and lawful agent(s) and attorney(s)-in-fact, each In their separate capacity if more than one is named above, to make, execute, seal and deliver for and an
their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however,
that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of.
Ten Million and 00/100 Dollars ($10 000,000.00)
This Power of Attorney Is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec
Insurance Company and Markel Insurance Company'
'RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary Treasurer and each of them hereby is authorized to execute
power of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged -by any officer or attorney, of the
company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec
Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto.
IN WITNESS WHEREOF Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be
signed by their duly authorized officers on the 26th day of May zozo
SureTec Insurance Company
Michael C. Keimig, President
Commonwealth of Virginia
County of Henrico SS:
Kib'
```,,g,Q(0,, Markel Incur ce Company
SEAL
�� By.
6.1
%I' in Russo, Senior Vice President
On this 2eth day of May zozo A, D. before me, a Notary Public of the Commonwealth of Virginia, In and for the County of Henrico, duly commissioned and
qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding
instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid,
and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were
duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of
said Companies referred to In the preceding instrument is now in force. 44 a 44 4 4 66 its,,,
IN TESTIMONY WHEREOF 1 have hereunto set my hand, and affixed me $®a tthe c ty'pf Henrico, the day and year first above written.
)PRY PbQ )s
MY 0(�
COMMISSION By..._..� ._.._..._..-, m%
" n NUMBER Q b
- 7083968 Ca ;*
We, the undersigned Officers of SureTec Insurance Company and Markeflris 'i 5t c�t01iy c1 ' erby certify that the -original POWER OF ATTORNEY of which the
foregoing is'a full, true and correct copy is still in full force and effect and haStxmtilietetr) rpyoWd.
IN WITNESS WHEREOF we have hereunto set our hands, and affixed the Seals of said Companies, on the 20th day of July 2021
By
Sur ec Insur. ce C, - pan
M. Br r t Beaty, Assistant Secreta
By:
Donna Donavant, Notary Public
My commission expires 1/31/2023
Markel Insurance Company
Richard R. Grinnan, Vice President and -Secretary
Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. 510123
For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST