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HomeMy WebLinkAboutRay White Cement; 2016-12-22; PWM17-51GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: DOC# 2017-0106102 II IIIII IIIII IIIII IIIII 1111 111111 IIIII IIIII 1111111111 IIIII IIIII IIIII III Mar 07, 2017 03:43PM OFFICIAL RECORDS Ernest .J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 1 Space above this line for Recorder's use. PARCELNO: ~N~/~A~------------ NOTICE OF COMPLETION 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Feb.1 0, 2017. 6. The name of the contractor for such work or improvement is Ray White Cement. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PWM17-51GS, Install New Concrete Sidewalk and Driveway Apron at Cannon Park. 8. The street address of said property is Cannon Park in the City of Carlsbad. CIT OF CARLSBAD ~'-.) \J ~tY ngineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ~\t?r\,t~ 24 , 20_1]_, accepted the above described work as completed and ordered that a Not1ce f Completion be f1led. I declare under penalty of perjury that the foregoing is true and correct. Executed on ~ oVcVl \ I 20J], at Carlsbad, California. Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Project No. PkWM17 -51 GS, Install New Concrete Sidewalk and Driveway Apron at Cannon Park, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS Install New Concrete Sidewalk and Driveway Apron at Cannon Park VALUE $32,000 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS \ ~ )\ \_J.. A -z-{z"'lrr ~t.J7ub~%1fict'or-~\: Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. Date I APPROVED AS TO FORM: CELIA BREWER, City Attorney By:~ AssistaAt City Attorney ~,_ Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 PWM17-51GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT INSTALL NEW CONCRETE SIDEWALK AND DRIVEWAY APRON AT CANNON PARK This agreement is made on the /l) £Jd. day of , 20i.P.by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ray White Cement, a California corporation whose principal place of business 2380 Via Monserate, Fallbrook, CA 92028 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Brvant Hill (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 41 04 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. INSTALL NEW CONCRETE AT CANNON PARK; CONT. NO. 6002 Page 1 of 8 City Attorney Approved 9/27/2016 PWM17-51GS FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ~ ~ Print Name: l5iQVj e IA.Jh i r~ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form a~roved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INSTALL NEW CONCRETE AT CANNON PARK; CONT. NO. 6002 Page 2 of 8 City Attorney Approved 9/27/2016 PWM17-51GS INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damcge, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except br loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within ten (1 0) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Ray White Cement (name of Contractor) C-8 (Contractor's license number) 410673 (license class. and exp. date) 1000003603 (DIR registration number) 6/30/2017 (DIR registration exp. date) INSTALL NEW CONCRETE AT CANNON PARK; CONT. NO. 6002 Page 3 of 8 PO Box 489 (street address) Fallbrook, CA 92088 (city/state/zip) 760-728-0170 (telephone no.) 760-728-5605 (fax no.) tom @raywhitecement. com (e-mail address) City Attorney Approved 9/27/2016 PWM17-51GS AUTHORITY. The md1V1duals executing th1s Agreement and the Instruments referenced 1n 1t on behalf of Contractor each represent and warrant that they have the legal power nght and actual authonty to bmd Contractor to the terms and cond1t1ons of th1s Agreement Ray White, Chief Financial Officer (p:!n~ r;arne/t:tle; By / ?J --;/ J / llfj t/i~_£ ~(s1gn here) _D i<:me_l{hi :t;_g_, Pres ide_nt_ __ ___ _ _____ _ ( pnnt nameitltle 1 CITY OF CARLSBAD a rnun!c1pa1 corpora!IO,.., of the State of Cal1forn1a By ~ // ~11(["~ --Bame Lukeyfoct\ngP=-u-b-,-1-,c-W-orks D1rector as authonzed by the C1ty Manager If requ1red by C1ty proper notanal acknowledgment of execut1on by Contractor must be attached !L§ corporatiOn Agreement must be s1gned by one corporate off1cer from each of the follow1ng two groups G1uup A Cha1rman Pres1dent. or V1ce-Pres1dent Gruup B Secretary. Ass1stant Secretary CFO or Ass1stant Treasurer Otherwise the corporat1on must attach a resolut1on cert1t1ed by tne secretary or asststant secretary under corporate seal empower1ng the off1cens) signtng to b1nd the corporatiOn l\PPR01/ED ,l\S TO FORM CELIA A BREWER C1ty Attorney BY __ ~~ Deputy C1ty Attorney INSTAl_L NEW CONCRETF AT CANNON PARK. CONT NO 6002 Page 4 of 8 C1ty Attorney Approved 912712016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 ....SQ.rl J9t~D . . On D..ec 7b2QI/.p before me, :5iJCLCri .. SesSlln 1 A1Di41'\J Puhltv , ate Here Insert Name and Title of thl Officer personally appeared !kuj 0hii1..., . · [)rf::wzv tU~ 7 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )s1are subscribed to the within instrument and acknowledged to me that l)e1~/they executed the same in tps?)rer/their authorized capacity(ies), and that by t)iS'/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above 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_,~=~_:_--=--"'~~-~~"'--"=~==·_,'-'-­ Signature of Notary Public -----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 11 _ . Title or Type of Document: ff..thL.i.,.v t{);nk::J u:rrrfrtust Document Date: Number of Pages: (g Signer(s) Other Than Named Above: ------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): _____ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ "·~~~~~~'{1,<~~~:~'<XXX."<JZ:.~"C<;.'{J(~~'<C.:<:~~:<X.~""'Z.'~~"{,X.'G<.'~X.'~X.~~~'<;K;.~=~·<x:•;;5(x:<;.'< ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM17-51GS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below IS the full name and locat1on of the place of busmess of each sub-contractor whom the Contractor proposes to subcontract portions of the ProJect in excess of one-half of one percent of the total b1d. and the port1on of the ProJect wh1ch Will be done by each sub-contractor for each subcontract NOTE The Contractor understands that tf 1t fa1ls to spec1fy a sub-contractor for any port1on of the Project to be performed under the contract m excess of one-half of one percent of the b1d the contractor shall be deemed to have agreed to perform such portion and that the Contractor shall not be pern11tted to sublet or subcontract that port1on of !he work except n1 cases of publiC emergency or necess1ty. and then only after a frnding. reduced in wnting as a publrc record of the Awardrng Authonty setting forth the facts constitutmg the emergency or necessity 1n accordance with the provisrons of the Sublettmg and Subcontractmg F a1r Practrces Act ( Sectron 4100 et seq of the Ca11forn1a Puoi1c Contract Codt:.i If no subcontractors are to be employed on the project enter the word "NONE " SUBCONTRACTORS Portion of Project to Business Name and Address I DIR Registration I License No., I %of be Subcontracted No. , Classification & Total Expiration Date Contract Non0 I ! I I I ! ) I I ' I I i l Total% Subcontracted rne Contractor must pertorm no less than t1tty percent \50%1 ot the worK With 1ts own torces INSTALL NEVV CONCRETE AT CANNON PARK. CONT NO 6002 Page 5 of 5 C1ty Attorney Approved 9/27/2016 PWM17-51GS EXHIBIT 8 Provtde all labor equtpment and matenals necessary to tnstall new stdewalk bus stop pad. dnveway apron at Cannon Park located at the corner of Carlsbad Boulevard and Cannon Road Install new 5 concrete stdewalk curb/gutter. 6 x 6 · curb behmd new stdewalk. new dnveway apron Removal of 2 1 00 square feet of turf 2 Provtde Trafttc Control for duratton of work betng performed All work shall be performed in accordance wtth the Ctty of Carlsbad's Engtneenng Standards. the 2015 Standard Spectficat1ons for Public Works Construction 1 Green book 1 JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Install new concrete sidewalk, curb/gutter driveway $31 000 00 : 1 apron 6x6 curb behtnd stdewalk bws stop pad CJnd I removal of 2 100 square feet of turf 2 [ LS 1 Traff1c control S1 000 00 ! i I TOTAL* $32.000 00 •tnclude! taxes. fees, expenses and all other costs. INSTALL NEW CONCRETE AT CANNON PARK. CONT NO. 6002 Page 6 of 8 Ctty Attorney Approved 9/2712016 EXHIBIT C LABOR AND MATERIALS BOND PWM17-51GS Bond No. 4404562 Premium: $312.00 WHEREAS. the City Council of the City of Carlsbad. State of California has awarded to Ray Wh1te Cement (hereinafter designated as the "Pnnc1pal") a Contract for INSTALL NEW CONCRETE SIDEWALK AND DRIVEWAY APRON AT CANNON PARK CONTRACT NO. 6002 1n the C1ty of Carlsbad. 1n stnct conformity w1th the draw1ngs and specifications and other Contract Documents now on file m the Office of the City Clerk of the City of Carlsbad and all of which are Incorporated herein by this reference WHEREAS. Pnnc1pal has executed or IS about to execute sa1d Contract and the terms thereof requ1re the furr11Sn1ng of a bono. provlalflg thdt 1f PrlllCIIJdl or any of 1ts suocontrdctors shdil fali to pay for any rnaterldis. prov1s1ons. provender or other supplies or teams used in. upon or about the performance of the work agreed to be done. or for any work or labor done thereon of any kmd. the Surety on th1s bond will pay the same to the extent hereinafter set forth NOW. THEREFORE WE, RAY WHITE CEMENT as Pnnctpal (hereinafter destgnated as the 'Contractor") and SURETECT INSURANCE COMPANY as Surety are held firmly bound unto the Ctty of Carlsbad m the sum of THIRTY TWO THOUSAND Dollars iS32 C:OC/ sa;d sum bemg an amoun~ equa: to One hundred percent (iC:O':'c) of tr,E: total amoJnt payable under the terms of the Contract by the C1ty of Carlsbad. and for whiCh payment well and truly to be made we bmd ourselves. our he1rs. executors and admmistrators. successors or ass1gns. JOintly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH that 1f the Contractor or hiS!her subcontractors tail to pay for any matenals prov1s1ons provender supplies or teams used 1n upon. for or about the performance of the work contracted to be done. or for any other work or labor thereon of any kind. cons1stent w1th Ca~1forn!a C1vil Code sect1on 9100, or for amounts due under the Unemployment Insurance Code w1th respect to the work or labor performed under thiS Contract. or for any amounts requ1red to be deducted. Withheld and pa1d over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to sect1on 13020 of the Unemployment Insurance Code w1th respect to the work and labor, that the Surety Will pay for the same. and also m case su1t IS brought upon the bc"d ~eas·Jnable attorney's fees ~'J t·e bed by t'le sovt cons:ste'lt vv:th Cailf.Jrrra Civil Code section 9554 Th1s bond shall mure to the benef1t of any of the persons named 1n Cal1forn1a CIVil Code sect1on 9100 so as to g1ve a nght of act1on to those persons or the1r ass1gns 1n any su1t brought upon the bond Surety stipulates and agrees that no change extens1on of t1me. alterat1on or additiOn to the terms of the Contract or to the work to be performed hereunder or the specificatiOns accompany1ng the same shall affect 1ts obhgat1ons on th1s bond and 1t does hereby wa1ve not1ce of any change extens1on of t1me alterations or addition to the terms of the contract or to the work or to the speclftcat1ons INSTALL NEW CONCRETE AT CANNON PARK. CONT NO 6002 C1ty .Attorney Approved 9/2712016 PWM17-51GS In the event that Contractor ts an mdtvtdual. tt ts agreed that the death of any such Contractor shall not exonerate the Surety from tts obltgattons under thts bond Executed by CONTRACTOR thiS _..1'-'th'-------- day 20_l§_ CONTRACTOR RAY WHITE CEMENT \h __ (nam_ e_of Co. n_tractor) By ~ \~~ ~~e) Ray White (print name here) Executed by SURETY thts __ 6_t;;...;.h.;;__ ___ day of ___ D~e~c~em~b~e~r ____________ __ 20.1.§_ SURETY SURETEC INSURANCE COMPANY (name of Surety) 3033 5th Avenue, Suite 300, San Diego, CA (address of Surety) 92103 (619) 400-4100 . (telephone number. of Surety) Chief Financial Officer By I A California _j o,\ nv,A-L. l~i_~ ltiHe anrl orq corporation - By ------r~~~~~~~~~---- Diane White ( prtnt name here 1 _p_r_e.siden t / A C a 1 i fa rn ia eo-t:p.or.at:i.G-n-~ (tttle and organization of signatory; ----------------------------~----------ls!gnature of Attorney-In-Fact\ Jerome L. Hren (prmted name of Attorney-tn-Fact) (attach corporate resolution showmg current power of attorney) (Proper notartal acknowledgment of executiOn by CONTRACTOR and SURETY must be attached ) (Prestdent or vtce-prestdent and secretary or asststant secretary must stgn for corporattons. If only one officer stgns. the corporation must attach a resolution certtfted by the secretary or asststant secretary under corporate seal empowenng that offtcer to btnd the corporatton ) APPROVED AS TO FORM CELIA A BREWER ::tyAttorn~ Deputy Ctty Attorney INST AI I. NEW CONCRETE AT CANNON PARK. CONT NO. 6002 Page 8 of 8 Ctty .Attorney Approved 9/27!20 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 ..San f) J eq 0 ) . , On !J..ee-7 ' 20//..p before me, 0/Jcu-r I ,S'e ssl in, }j[Jfar\} fu_hi!G ' Date . Here Insert Name and Title of th~ Officer personally appeared 1rMJ UJh tt~ 1-P /Qfi..Jl._; /&)hJ.h.{ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jg7are subscribed to the within instrument and acknowledged to me that t;IG~/they executed the same in l)j.s/t}ef/their authorized capacity(ies), and that by hjsibe'f/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TV 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~.~ Signature of Notary Public -----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: ~ 4 IYJallitrAh (!;trncL Document Date: _lc...::i?L·_7.L-:_-/~cf.r:__ __ Number of Pages: ~ Signer(s) Other Than Named Above: ------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name:------------ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:---------------0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ X.~~~"C<;.'<,Z<;~"'R~~~:<Y.Vv'C(;.'G<=~~m,~;;c(.~~~:;;;z.'(,X,~"'X;g:~"C(;.~~~~~~~~~~'< ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 --.--.-------------------------------------------, POA#: 510016 SureTec Insurance Contpany LIMITED 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 Jerome L. Hren 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 00/100 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 05/18/2017 and is made under and by authority of the following resolutions ofthe Board ofDirectors 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 20th 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. State of Texas County of Harris ss: SURETEC INSURANCE COMPANY ~\fiiiiiiiJIIllflft~~; ~~.~~~~~' m:.. ··,·."o\ 'f.. .., ·\~~ IIJ w : -c~ . ~ J~i J. .l ""! ... -;, .. :// /!Hil-l On this 21st 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 SURE1EC 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 State o1 Texas My Comm. Exp. 5/18/2017 JacqV..elyn Maldonado, Notary Public My commission expires May 18,2017 I, M. Brent Beaty, Assistant Secretary of SURE1EC 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 ofthe 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 6th 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 8:00am and 5:00pm CST. 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 Riverside On December 6, 2016 before me, Jennifer H. Hoagland, Notary Public (insert name and title of the officer) personally appeared _J_e_r_o_m_e_L._H_re_n ____________ ,--------------,--- 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. (Seal)