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HomeMy WebLinkAbout16 - Fire Station No. 6 Apparatus Bay Replacement�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report June 13, 2017 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Fong Tse, Assistant City Engineer, ftse@newportbeachca.gov PHONE: 949-644-3321 TITLE: Fire Station No. 6 Apparatus Bay Replacement — Award of Contract No. 6422-1 (16F11) ABSTRACT: Staff has received acceptable bids for the Fire Station No. 6 Apparatus Bay Replacement Project and is requesting City Council approval to award the work to Metro Builders & Engineers Group, Ltd. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Waive the minor irregularities in the bid submitted by Metro Builders & Engineers Group, Ltd.; d) Declare Metro Builders & Engineers Group, Ltd. as the low responsive bidder; e) Award Contract No. 6422-1 to Metro Builders & Engineers Group, Ltd. for the total bid price of $977,868.00, and authorize the Mayor and City Clerk to execute the contract; f) Establish a contingency of $97,691.00 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract; and g) Approve a professional service agreement with GMU Geotechnical Inc. in the amount of $33,280.00 for soil testing, geotechnical and special inspections services. 16-1 Fire Station No. 6 Apparatus Bay Replacement Project - Award of Contract No. 6422-1 June 13, 2017 Page 2 FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. The following funds will be expensed: Account Description Account Number Amount Major Facilities Financing Plan 53201-980000-16F11 $ 1,090,839.00 Facilities Maintenance Master Plan 57101-980000-15F02 $ 20,161.00 Total: $ 1,111,000.00 Proposed uses are as follows: Vanrinr Metro Builders & Engineers Metro Builders & Engineers GMU Geotechnical Various BACKGROUND: Purpose Construction Contract Construction Contingency Geotechnical and Inspections Incidentals Total: Amount $ 977,868.00 $ 97,691.00 $ 33,280.00 $ 2,161.00 $ 1,111,000.00 The existing fire station, constructed in 1957, included an apparatus bay sized to accommodate equipment used in that era. Since then, fire engines and medical response rolling equipment have grown in size to the extent that the new fire engine assigned to this station no longer fits through the existing garage doors. The newest truck is currently parked under a tent when it is on station property. The station building received updates through the years, was modified to accommodate female staff and is in serviceable and functional condition. Staff focused this project on only replacing the undersized apparatus bay. As the project developed and through a value engineering process, staff determined it is more economical in the long-term to construct a structurally independent and self-supporting new apparatus bay rather than reattach the new bay to the existing building. When it is time to replace the living quarters' portion of the station, the new offices and living quarters can simply attach to the new bay constructed by this project. DISCUSSION: This project bid three previous times within the last year. Each of those times, the received bids were rejected for various reasons. At 2:00 p.m. on May 24, 2017, the City Clerk opened and read the following bids for this project: 16-2 Fire Station No. 6 Apparatus Bay Replacement Project - Award of Contract No. 6422-1 June 13, 2017 Page 3 After the bid opening, the second low bidder submitted a letter to the City protesting and claiming the low bidder's bid was non-responsive in complying with the bid submittal requirements. Three reasons were stated: (1) the low bidder failed to submit proof that its Ione corporate signatory had authority to act on its behalf, (2) the low bidder failed to include its corporate seal in the proper location, and (3) the low bidder's bid bond was signed by an individual whose signing authority lapsed one day prior to signing. The low bidder then submitted a response to the bid protest with accompanying documentation. Staff reviewed the low bidder's response packet and determined the low bidder submitted a complete bid. The submitted proof included: its Ione corporate signatory had authority to act on its behalf (in the form of the corporation's meeting minutes for its Board of Directors and Shareholders); the low bidder included its corporate seal and it is acceptable; and, the low bidder had now provided proof (in the form of a letter from the bid bonding company) that its bond was signed by an individual with the authority to do so. As such, staff recommends the City Council waive the minor irregularities in the low bidder's bid package and declare Metro Builders & Engineers Group, Ltd. as the low responsive bidder. The bid amount submitted by Metro Builders is approximately six percent (6%) above the engineer's $925,000.00 estimate. Metro Builders possesses a California State General Building "B" Contractors License, as required by the project specifications. It has satisfactorily completed facility projects for the City and other local agencies. Pursuant to the contract specifications, Metro Builders is allowed 150 consecutive working days to complete the work. Liquidated damages in the amount of $2,500.00 per calendar day will be assessed in case of tardy completion. ENVIRONMENTAL REVIEW: The project consists of the demolition of an existing fire station garage and the construction of a new taller garage to house fire vehicles that are taller than existing garage openings. The new garage structure will occupy the same space as the existing garage and will have the same purpose and capacity to house fire station vehicles. As such, staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 16-3 BIDDER TOTAL BID AMOUNT Low Metro Builders & Engineers Group, Ltd. $ 977,868.00 2 Archico Design -Build $ 988,000.00 3 New Dynasty Construction Company $ 1,064,989.00 4 Optima RPM, Inc. $ 1,085,000.00 5 Future DB International, Inc. $ 1,186,402.72 After the bid opening, the second low bidder submitted a letter to the City protesting and claiming the low bidder's bid was non-responsive in complying with the bid submittal requirements. Three reasons were stated: (1) the low bidder failed to submit proof that its Ione corporate signatory had authority to act on its behalf, (2) the low bidder failed to include its corporate seal in the proper location, and (3) the low bidder's bid bond was signed by an individual whose signing authority lapsed one day prior to signing. The low bidder then submitted a response to the bid protest with accompanying documentation. Staff reviewed the low bidder's response packet and determined the low bidder submitted a complete bid. The submitted proof included: its Ione corporate signatory had authority to act on its behalf (in the form of the corporation's meeting minutes for its Board of Directors and Shareholders); the low bidder included its corporate seal and it is acceptable; and, the low bidder had now provided proof (in the form of a letter from the bid bonding company) that its bond was signed by an individual with the authority to do so. As such, staff recommends the City Council waive the minor irregularities in the low bidder's bid package and declare Metro Builders & Engineers Group, Ltd. as the low responsive bidder. The bid amount submitted by Metro Builders is approximately six percent (6%) above the engineer's $925,000.00 estimate. Metro Builders possesses a California State General Building "B" Contractors License, as required by the project specifications. It has satisfactorily completed facility projects for the City and other local agencies. Pursuant to the contract specifications, Metro Builders is allowed 150 consecutive working days to complete the work. Liquidated damages in the amount of $2,500.00 per calendar day will be assessed in case of tardy completion. ENVIRONMENTAL REVIEW: The project consists of the demolition of an existing fire station garage and the construction of a new taller garage to house fire vehicles that are taller than existing garage openings. The new garage structure will occupy the same space as the existing garage and will have the same purpose and capacity to house fire station vehicles. As such, staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 16-3 Fire Station No. 6 Apparatus Bay Replacement Project - Award of Contract No. 6422-1 June 13, 2017 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the Item). ATTACHMENTS: Attachment A — Location Map Attachment B — GMU Geotechnical Professional Services Agreement Attachment C — Archico Design -Build Protest Letter Attachment D — Metro Builders & Engineers Group, Attachment E — Metro Builders & Engineers Group, Signatory Authority Attachment F — Metro Builders & Engineers Group, Signing Authority Ltd Protest Response Letter Ltd's Proof of Lone Corporate Ltd's Proof of Bid Bonding Company 16-4 ATTACHMENT A 9Ty PR LO MA LEGEND ® PROJECT LOCATION N.T.S. / FIRE STATION NO. 6 APPARATUS BAY REPLACEMENT LOCATION MAP - NE MARINERS DR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-6422-1 1 06/13/17 16-5 ATTACHMENT B r] (�w GEOTECHNICAL, INC. 23241 Arroyo Vista • Rancho Santa Margarita, CA 92688 • phone: 949.888.6513 • fax: 949.888.1380 • info@gmugeo.com • www.gmugeo.com March 2, 2017 Mr. Fong Tse CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, CA 92660 GMU Proposal P-16162 Subject: Proposal and Budget Estimate for Providing Geotechnical Construction and Special Inspection Services, Newport Beach Fire Station Number 6, Apparatus Bay Replacement, 1348 Irvine Avenue, Newport Beach, California Reference: Newport Beach Fire Station Number 6, Apparatus Replacement Bay Construction Plans, prepared by STK Architecture, Inc., revised date July 2016 Dear Mr. Tse: We are pleased to present this proposal and budget estimate for providing construction observation and testing and special inspection and materials testing services to support the planned construction of the Newport Beach Fire Station Number 6 Apparatus Bay Replacement. Our following scope of work and budget estimate is based on our limited understanding of project and the referenced construction plans. We understand the proposed Apparatus Bay Replacement will consist of the demolition of the existing apparatus bay and construction of a replacement one-story structure that will adjoin with the existing fire station facilities (not the be impacted by the construction) along with additional improvements to the site. ASSUMPTIONS • We anticipate a total of about 60 hours will be required to perform the necessary geotechnical observation and testing services for the project (i.e., grading, subgrade preparation, and backfill during construction of site improvements). It should be noted that corrective grading and fill placement for the building pad will require full-time observation and testing services. • Special inspection services are required for the project (i.e., reinforced concrete >2500 psi, masonry, steel reinforcement, and structural steel welding). We anticipate the need for 182 hours of special inspection services will be required for the project. Mr. Fong Tse, CITY OF NEWPORT BEACH Proposal. Geotechnical Construction and Special Inspection Services, Newport Beach Fire Station Number 6, Apparatus Bay Replacement, 1348 Irvine Avenue, Newport Beach, California • Special inspection will be performed in accordance with Chapter 17 of the CBC and City of Newport Beach requirements (i.e., periodic inspection for steel, structural steel welding, and masonry construction; full-time for structural concrete, structural steel welding and masonry grout placement). • Materials testing services are required for the project and will be performed in accordance with Chapter 17 of the CBC and City of Newport Beach Orange requirements. Materials testing assumes collecting concrete cylinders for structural concrete, and grout and mortar samples for masonry. • Supervision services (i.e., field support, project meeting attendance, correspondence, etc.) are assumed to be an average of 2 hour per week for 10 weeks. • The costs associated with geotechnical reviews pertaining to revised precise grading plans are not included. If needed, separate costs for these services will be submitted. SCOPE OF WORK — GEOTECHNICAL CONSTRUCTION SERVICES 1. Provide the services of a Senior Engineering Technician on a full sand part-time basis to perform observation and testing during grading and construction of on-site improvement including the following: • Site grading • Excavations for foundations and footings • Subgrade preparation for footings, slabs, and concrete flatwork • Fill placement • Installation of utilities and drainage improvements 2. Perform geotechnical laboratory testing on an as -needed basis during the project. Laboratory testing will include compaction, sand equivalent, particle size, etc. 3. Provide the services of a Registered Geologist/Engineer to supervise the project (i.e., support our field technician, attend project meetings, review data, prepare project correspondence, etc). 4. Prepare one typical summary grading letter at the completion of grading for submittal to the City of Newport Beach to release the building areas for construction. 5. Prepare one geotechnical report summarizing the results of our observation and testing performed during the project as required by the City of Newport Beach at the end of the project. March 2, 2017 2 GMU Proposal P-16162 16-7 Mr. Fong Tse, CITY OF NEWPORT BEACH Proposal. Geotechnical Construction and Special Inspection Services, Newport Beach Fire Station Number 6, Apparatus Bay Replacement, 1348 Irvine Avenue, Newport Beach, California GEOTECHNICAL CONSTRUCITON COST ESTIMATE 1. Grading - Senior Engineering Technician (assumes 60 hours).................................................................................................$ 6,900 2. Laboratory Testing (assume 10 hours)....................................................................$ 1,150 3. Field Observations, Supervision, Meetings, Preparation of Correspondences Registered Engineer/Geologist —(assumes 10 hours) ...........................................$ 1,700 4. Grading Release Letter (assumes one letter)...........................................................$ 680 5. Geotechnical Report (assumes one report at completion of project) .......................$ 2,000 Geotechnical Construction Subtotal: ............................................................................... $ 12,430 SCOPE OF WORK — SPECIAL INSPECTION SERVICES 1. Reinforced Concrete — Provide the services of a Registered Special Inspector to observe the following: • Rebar placement in footings and slab -on -grade • Concrete placement (continuous) • Taking concrete cylinders (per Chapter 17 of the CBC) • Non shrink grout application under column plates 2. Structural Masonry — Provide the services of a Registered Special Inspector to observe the following: • CMU block placement • Grout placement (continuous) • Taking grout/mortar samples (per Chapter 17 of the CBC) 3. Structural Steel Welding — Provide the services of a Registered Special Inspector to observe the welding of the roof to column plates. 4. Provide the services of a Registered Geologist/Engineer to supervise the project (i.e., support our field technician, attend project meetings, review data, prepare project correspondence, etc). 5. Prepare one letter containing the results of our materials testing for the project. March 2, 2017 3 GMU Proposal P-16162 16-8 Mr. Fong Tse, CITY OF NEWPORT BEACH Proposal. Geotechnical Construction and Special Inspection Services, Newport Beach Fire Station Number 6, Apparatus Bay Replacement, 1348 Irvine Avenue, Newport Beach, California SPECIAL INSPECTION COST ESTIMATE 1. Reinforced Concrete - Senior Special Inspector (assumes 50 hours total and 4 concrete cylinders) .................................................$ 5,850 2. Structural Masonry - Senior Special Inspector (assumes 70 hours total and 14 concrete cylinders) ...............................................$ 81400 3. Structural Steel Welding - Senior Special Inspector (assumes 34 hours total)...........................................................................................$ 3,900 6. Field Observations, Supervision, Meetings, Preparation of Correspondences Registered Engineer/Geologist — 10 hours ..................................................$ 1,700 4. Special Inspection Letter (assumes one letter).........................................................$ 1,000 Special Inspection Subtotal: .............................................................................................. $ 20,850 TOTAL PROJECT COST: ....................................... ($12,430) + ($20,850) = $ 33,280 PERFORMANCE SCHEDULE Our cost estimate above is based on the referenced plans and assumes that the grading and on- site construction (geotechnical and special inspection) operations will be performed in a time - efficient manner without overtime. The proposed services will be provided on a time -and -expense basis in accordance with our 2016 Schedule of Charges (attached). In the event that our scope of work exceeds that described above, or if additional manhours are required due to project time delays or contractors' inefficiencies, our fees will not exceed the above budget estimate without obtaining your prior approval. March 2, 2017 4 GMU Proposal P-16162 16-9 Mr. Fong Tse, CITY OF NEWPORT BEACH Proposal. Geotechnical Construction and Special Inspection Services, Newport Beach Fire Station Number 6, Apparatus Bay Replacement, 1348 Irvine Avenue, Newport Beach, California Thank you for the continued use of our services for the project. Please do not hesitate to call if you have any questions regarding this proposal Respectfully submitted, GMU GEOTECHNICAL, INC. Gregory P Silver, M.Sc., PE, GE President rincipal Geotechnical Engineer Attachment: 2016 Schedule of Charges /P-16162—Newport Beach Fire Station No 6_(03-02-17) March 2, 2017 GMU Proposal P-16162 16-10 CXU GEOTECHNICAL, INC. 2016 SCHEDULE OF CHARGES PROFESSIONAL SERVICES Staff Engineer or Geologist $ 130.00/hour Senior Staff Engineer or Geologist $ 170.00/hour Project Engineer or Geologist $ 195.00/hour Senior Engineer or Geologist $ 220.00/hour Associate Engineer or Geologist $ 230.00/hour Principal/Director $ 260.00/hour Senior Principal $ 315.00/hour Deposition/Testimony $ 550.00/hour CAD, GIS, and Geo -BIM Design $ 115.00/hour Document Preparation and Project Services $ 90.00/hour FIELD INSPECTION & TESTING SERVICES Staff Engineering Technician $ 102.00/hour* • Services provided under direct supervision of a Senior Engineering Technician Senior Engineering Technician $ 115.00/hour* • Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc. • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. Registered Special Inspector (No 4 hour minimum) $ 115.00/hour* • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. • Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing Instrumentation Engineer $ 170.00/hour • Slope inclinometer and Piezometer monitoring • Manometer for floor -level surveys • Stormwater Turbidity & pH meter • Pressure transducer, datalogger, & water chemistry meter for groundwater monitoring • Pipeline video camera for drains, wells, etc. Engineering Seismological Technician (includes 3 -channel seismograph) $ 155.00/hour • Blast vibration monitoring • Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.) *Notes: (1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling. (2) No 4 -hour minimum charges apply. (3) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (4) All rates are Non -Prevailing Wage. See separate Schedule of Charges for Prevailing Wage. LABORATORY TESTING SERVICES Laboratory Testing $ 115.00/hour (For special materials testing and laboratory costs on a per -test basis, see GMU's Laboratory Fee Schedule) OTHER CHARGES Outside Services Reimbursables & Reprographics Cost + 15% Cost 16-11 ATTACHMENT C Lic.#: 987 1 22BA 4L DIR#.1000000856 AHCHIH. Design -Build May 26, 2017 Mr. Fong Tse City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Bid Protest, Project: Fire Station No. 6 Apparatus Bay Replacement- Contract No. 6422 Dear Mr. Tse: Pertaining to the project above which bid on May 24, 2017; Archico Design Build, Inc. is protesting the bid of apparent low bidder Metro Builders as being non-responsive. This bidder is not the lowest responsible bidder due to their failure supply a valid bid bond, missing a second corporate officer signature and failure to apply the corporate seal. Metro Builders bid bond is signed, notarized and dated on May 19" 2017. However, the power of attorney issued by SureTec insurance Company, appointing Jase Hamilton the power and authority to execute bonds, expired on May 181h 2017. The bond is not valid due to lack of authority to execute a bond by Mr. Hamilton on behalf of SureTec Insurance Company, Item 4 of the instructions to bidders provides that a bid bond security shall be held until the contract is issued. Failure to provide a binding bid bond is in violation of the bid requirements. Metro Builders provided only one corporate officer signature, on Page 16 of the bid documents, where the instructions require President or Vice President and Secretary or Vice Secretary or evidence of authority to act on behalf of the corporation. The bid docs also requires that the corporate seal be applied to the page containing signatures of two officers and no corporate seal has been applied. Archico Design Build respectfully requests your ruling on this protest that Metro Builders be found non-responsive for failure to meet the requirements of the bid documents. Sincerely, Ali Alivizadeh- CEO Archico Design Build, Inc. www.archico,com d info@archico,cdm 1835W Orangewood Ave, Suite 325 1 Orange, CA 92868 I Tel, 949. ARCH ICO(272,4426) 1 Fax, 949, ?59.2`09 16-12 City of Newport Beach FIRE STATION NO. 6 APPARATUS BAY REPLACEMENT Contract No. 6422 BIDOER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the hid proposal of the undersigned Principal for the construction of FIRE STATION NO. 6 APPARATUS BAY REPLACEMENT, Contract No. 6422 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations Linder this Bond, Witness our hands this 19th day of May , 2017. Metro Builders & Engineers Group, Ltd. Name of Contractor (Principal) SureTec Insurance Company Name of Surety �1W[aed Signature/Title Fouad Houalla, President Agent Signature 1330 Post Oak Blvd. Suite 1104, HOUston, TX 77056 Jase Hamilton, Attorney -in- Fact _ Address of Surety ( Print Name and Title Telephone 19) 400-4100 (Notary acknowledgment of Principal & Surety must be attached) 5 16-13 POA #; 510030 ureTec Insurance Company 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 Jeffrey W. Cavignac, James P. Schabarum II, Jase Hamilton 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 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, rec0gniz8nces, 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, drat 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 hearing 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 19th day of February, A.D. 2015 �SURETEC INSURANCE COMPANY By -;0 John ox ,Ii : resident State of Texas ss; County of Harris, On this 191h day of FeL-ary, A,D, 2015 before me personally carte John Knox Jr., to the known, who, being by me duly sworn, did depose and say, that he resides in t3ouston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JAcOUELYN MALDONADO Notary Public Stats olTexas My Comm. Exp, 611812017 ,Iacq elyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE CONTANY, do hereby certify that the above and foregoing is a true and correct copy of a rower 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. MAY 1 2017 Given under my hand and the seal of said Cotnpany at Houston, Texas this _._ day of „ , A,D. . Breift Beaty; Assistant Secretary Any instrument issued in excess of tho pe-nalty rotated above Is totally void and without any validity. For verification of the authority of this power you may cavil {713) 812.0800 any business day between 8:00 am and 5:00 pm CST, 16-14 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 San Diego } On MAY 19 2017 before me, Erin Ashley Greene, Notary Public , ere used name an 1.1a 37 trig o icer personally appeared Jase Hamilton who proved to me on the basis of satisfactory evidence to be the person(s) whose name(i)is re subscribed to the within instrument and acknowledged to me that (6@1shefthey executed the same in fs erftheir authorized capacity(ies), and that by is erftheir signature(s) on the instrument the person(-,), 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 foregg nq paragraph is true and correct. FICIN ASIlL 1l GIiCFI�I nd and official seal. Notary Public - California t;s r, +n, -j San [Naga County :1t `� i` Corntnlssion # 2158050 FFyh IAy taonni1 Expires Jilin 25, 2020 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or deurlption of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ corporate Officer (Title) El Partner(s) ❑ Attorney -in -Fact ❑ Trustee(S) E] Other ?tlif) Version wt^nv.NotaiyClasses.conn 800.873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies ivllh current California slatwes regarding nolmy morning and, ifneedert, should be cornpleled and attached to rhe docament. Acknomledginews f om other states may be compleredfor documents being seat to that state so long as Me mording does Prot requh-e the California i000aq to riolate California notary foil,. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. ■ Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the lime of notari7zhon. • Indicate the correct singular or plural forms by crossing on' incorrect forms (i.e. lielslielthey, is fare ) or circling the correct forms. Failure to correctly indicate this inibrmation may lead to rejection of document recording. • The notary seal impression must be clear and phonographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a dirferem acknowledgment form. ■ Signature of the notary public must match the signature on file with die office of the comity clerk. eti Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. til Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indiente the title (i,.e. CFO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 16-15 Legal Business Name of Bidder Hovalla Enterprises, Ltd. dha Metra Builders & Engin CM Croup, Ltd. Business Address: 2610 Avon St, Newport Beach, CA 92663 Business Tel. No.: (949) 515-4350 State Contractor's License No. and Classification: 597589; A, B, & C-10 Title Corporation The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. ,'° Signature of bidder Date 5/23117 Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: if bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BEATTACHED1 1� 16-16 ATTACHMENT D Now ■- WE roo Metro Builders & Engineers Group, Ltd. May 30, 2017 Fong Tse City of Newport Beach, Public Works 100 Civic Center Drive Newport Beach, California 92660 Re: Fire Station No. 6 Apparatus Bay Replacement Contract No. 6422 Bid Protest Response To Fong Tse, In response to Archico's bid protest, Metro Builders & Engineers Group, Ltd.'s sole corporate officer is Fouad Houalla. He is President, Secretary and Chief Financial Officer. Please see attached 2016 Board of Director's and Shareholder's meeting minutes to confirm this statement. Fouad Houalla would be the only corporate signature needed on all documents of the bid bond. Our corporate seal has been placed on the bid documents. It is embossed on all necessary documents of the bid, including the bid bond. Suretec, our surety, has submitted a letter in response to our bid bond authenticity and validity. Please see attached in support of the surety's backing on our bid. Metro Builders & Engineers Group, Ltd. is the lowest responsive bidder for the Fire Station No. 6 Apparatus Bay Replacement Contract and look forward to producing a quality project for the City of Newport Beach. Kind regards, CJ�* Metro Builders & Engineers Group, Ltd. t. 949.515.4350 Ext. 23 f. 949.515.4351 ShellvCc)metrobuilders.com `-4 Before you print this email or attachments, please consider the negative environmental impacts associated with printing. (�o 2610 Avon Street, Newport Beach, CA 92663 - Phone: 949.515.4350 - Fax: 949.515.4351 - metro builders. com 16-17 ACTION BY UNANIMOUS WRITTEN CONSENT IN LIEU OF ANNUAL MEETING OF THE SHAREHOLDERS OF HOUALLA ENTERPRISES LTD., A CALIFORNIA CORPORATION The Shareholders of Houalla Enterprises Ltd., a California corporation ("Corporation"), hereby unanimously consent to the adoption of the following resolutions, as authorized by Section 603(x) of the California General Corporation Law: RATIFICATION OF ACTIONS RESOLVED, that all actions and proceedings of the Board of Directors of the Corporation during calendar year 2016 are hereby confirmed, ratified and approved in all respects. ELECTION OF DIRECTOR RESOLVED, that Fouad Houalla is hereby elected to serve as the Director of this Corporation for one year or until his successor is elected and has qualified or his earlier resignation or removal. The Secretary of this Corporation is hereby authorized and directed to file this Consent with the minutes of the proceedings of the Shareholders in the official records of the Corporation. Dated as of December 31, 2016. Fouad /0 u 1 500310031annualsharehbdrsmins (2016).doc 16-18 SureTec May 30, 2017 SureTec Insurance Company • SureTec i deninity Cuinpany 3033 5tH 'AvellUe, 'Suite 300 . San Dego, CA 92103 • 03001 288-0351 Mr. Fong Tse City of Newport Beach 100 Civic Center Drive Newport Beach, CA Re: Contract No. 6422 Fire Station No. 6 Apparatus Bay Replacement Contractor: Metro Builders & Engineers Group, Ltd. SureTec Insurance Company Bid Bond This letter will serve to confirm the authenticity of the Bid Bond dated May 19"", 2017, in the amount of Ten (10%) percent of the total amount bid issued by SureTec Insurance Company in connection with the captioned contractor and project This will confirm that Jase'Hamilton is authorized as an attorney-in-fact of SureTec Insurance Company to execute the above referenced Bond and has the authority to sign for and bind the Company, which authority remains in full force and effect as of this date. Nothing contained herein shall alter the terms and conditions of the original bid bond. We remain confident in Metro Builders & Engineers Group, Ltd. and are prepared to issue Performance and Labor & Material bonds upon execution and acceptable review of the construction contract. Sincerely, David Melmao. Attorney ;n Fact SureTec; Insurance Company 16-19 POA 10: 510030 SureTec Insurance Company LEVHTED 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 Ron H. Ballard, Gloria S. Becerra, Dave B. Roalkvarn, David Melman, Albert Espino, Arlanne Adair 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, providing the bond penalty does not exceed Fifteen Million and 001100 Dollars ($15,000,000.00) 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 511812021 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 foil power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizanecs, 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 20`x' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to b?signie�d by its President, is corporate seal to be heretu•a'ffi ed ?his 101h day of May , A.D. 2017 ti mwoo SURETE - S�yRANC By. w ur z John Knox , resid i State of''rxas _ ss: IV County ofliarris .... On this -h day of may , AD. 2017 before me personally came John Knox Jr., to me known, who, being by me y 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 GREENLEAF Notary Public, State of Texas 's p'•. +ec Comm, Expires 05-16-2021 �: Notary ID 126803029 JacqVelyn Greenleaf, Notary Public My commission expires May 18, 2021 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 30th day of M 2017 A.D. M. Brent Beaty, Assistant Sec etary 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. 16-20 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, or validity of that document. State of California County of San Diego On May 30, 2017 before me, Chia T. Moua Notary Public personally appeared David Melman who proved to me on the basis of satisfactory evidence to be the person(s) whose name(o is we subscribed to the within instrument and acknowledged to me that he,lshe.lthey executed the same in hisAier', heiF authorized capacity(ies), and that by his lie iF signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CHIA T. MOUA NOTARY PUBLIC -CALIFORNIA COMMISSION N 2188930 + SAN DIEGO COUNTY My COMM. Exp. March 30, 2021 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. St Lure Of tart' Lei 11A 181&5 4 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) © MEMBER of LLC ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) SureTec Insurance Company 16-21 ATTACHMENT E ACTION BY UNANIMOUS WRITTEN CONSENT IN LIEU OF ANNUAL MEETING OF THE BOARD OF DIRECTORS OF HOUALLA ENTERPRISES LTD., A CALIFORNIA CORPORATION The sole member of the Board of Directors of Houalla Enterprises Ltd., a California corporation ("Corporation"), hereby unanimously consents to the adoption of the following resolutions, as authorized by Section 307(b) of the California General Corporation Law: RATIFICATION OF ACTIONS RESOLVED, that inasmuch as the sole Director is familiar with the business, affairs and operations of the Corporation, all acts and actions taken by the officers of the Corporation during calendar year 2016 are hereby confirmed, ratified and approved in all respects. ELECTION OF OFFICERS RESOLVED, that the following person be and he hereby is elected to the offices set forth opposite his name for one year or until his successors are elected and have qualified or his earlier resignation or removal: President Fouad Houalla Chief Financial Officer Fouad Houalla Secretary Fouad Houalla The Secretary of this Corporation is hereby authorized and directed to file this Consent with the minutes of the proceedings of the Board of Directors in the official records of the Corporation. Dated as of December 31, 2016. 500310031atuuialdirectorsanins (2016).doc 16-22 SureTec May 30, 2017 ATTACHMENT F SureTec Irtsurance Company ■ SureTec Indemnity Company 3033 5th Avemw, Suite 300 * Sart Diego, CA 92103, v:(800),288-0351 Mr. Fong Tse City of Newport Beach 100 Civic Center Drive Newport Beach, CA Re: Contract No.. 6422 Fire Station No. 6 Apparatus Bay Replacement Contractor: Metro Builders S Engineers Group, Ltd. SureTec Insurance Company Bid Bond This letter will serve to confirm the authenticity of the Bid Bond dated May 191i' 2017 in the amount of Ten (10%) percent of the total amount bid issued by SureTec Insurance Company in connection with the captioned contractor and project. This will confirm that Jase Hamilton is authorized as an attorney-in-fact of SureTec Insurance Company to execute the above referenced Band and has the authority to sign for and bind the Company, which authority remains in full force and effect as of this date. Nothing contained herein shall alter the terms and conditions of the original bid bond. We remain confident in Metro Builders & Engineers Group, Ltd. and are prepared to issue Performance and Labor & Material bonds upon execution and acceptable review of the construction contract. Sincerely, David �el,rta ti Aitorm ,, "n Fact Sur3Toc insurance _Company 16-23 POA #: 510030 SureTec Insurance Company 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 Ron H. Ballard, Gloria S. Becerra, Dave B. Roaikvam, David Melman, Albert Espino, Arianne Adair 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, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) 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 5/18/2021 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 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 20'h of,4pri1, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, a is corporate seal to be hereto affixed this 10th day of May , A.D. 2017 , �Gu"v RAI'IY IC%C��k SURETEC SURAN C n= John Knox ., resid t State of Taxas ss: d County of Harris `s ....... 'a'/IIIIInINII�Ip,yP�� On this 101h day of May , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me y 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 GREENLEAF r Notary Public, State of Texas ="+Q Comm. Expires 05-18-2021 010WON Notary ID 126903029 Jacq elyn Greenleaf, Notary Public My commission expires May 18, 2021 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 30th day of M 2017 , A.D. ft/An 1) IWL M. Brent Beaty, Assistant Secretary 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. 16-24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or ether 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, accuracv, or validity of that document. State of California County of San Diego On May 30, 2017 before me, Chia T. Moua , Notary Public personally appeared David_ Melman who proved to me on the basis of satisfactory evidence to be the person) whose name(s) is4ie subscribed to the within instrument and acknowledged to me that he/sheAhe executed the same in his4wWtht4 authorized capacity(ies), and that by hisYl.a� signature(s) on the instrument the personal, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. + GiilA T. Mt7UA NOTARY COMMISSLICION # 1689 0 'WITNESS m, hand and official seal. e3 v COMMISSION M 218$930 SAN DIEGO COUNTY My Comm. Exp. March 30, 2021 q St attire o otary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC Z ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) SureTec Insurance Company 16-25 SUPPLEMENTAL TO ATTACHMENT F POA #: 510030 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 Jeffrey W. Cavignac, James P. Schabarum II, Jase Hamilton, Erin A. Greene, Julie Brennan its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execrate, 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, providing the bond penalty does not exceed 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 12/31/2019 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 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 2{1`'' 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 5th day of April , A.D. 2017Llj . SURETECT E i ANY w u+ John Knox ., resi iut State of Texas ss: ?�`'. 4 `': ' County of Harris ............ On this 5th day of April A.D. 2017 before me personally came John Knox Jr., to me ]mown, 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. `tiwunrgr XENIA CHAVEZ s��Y P�/r ski' t= Notary Public, State of Texas r+ Comm. Expires 09-10-2020 rrr�ux�' Notary ID 129117659 X a avez, Notary Public y commission expires September 10, 2020 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 day of , A.D. B nt Be , Assistant Se etary 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.