23-205.00BoswellAsphaltPavingSolutionsSlurrySealProject Contract
Contract No.23-205
CONSTRUCTION AGREEMENT
Boswell Asphalt Paving Solutions,Inc.
THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of
Spokane Valley, a code City of the State of Washington ("City") and Boswell Asphalt Paving Solutions,
Inc.,("Contractor")jointly referred to as the"Parties".
IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows:
1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials,
supplies,and equipment and other items necessary for the construction and completion of the Local Access
Preservation Services 2024 Slurry Seal Project (the "Work")in accordance with documents described
in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and
made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the
work in accordance with the Contract Documents. The terms and provisions in this Agreement shall
control over any inconsistent or incompatible terms in any other Contract Document.
Contractor shall, for the amount set forth in paragraph 3, below, assume and be responsible for the cost
and expense of all work required for constructing and completing the Work and related activities to the
City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the
Contract Documents.
The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice
from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any
failure in performance under this Agreement.
Unless otherwise directed by City, all work shall be performed in conformance with the Contract
Documents, and all City, state, and federal standards, codes, ordinances, regulations, and laws as now
existing or as may be adopted or amended.
2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to
proceed and shall complete the Work within the times specified in the Contract Documents, as may be
extended in accordance with this Agreement and the Contract Documents.
3. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in
accordance with the Contract Documents the sum of$239,260.00, plus Washington State Sales Tax of
$0 (if applicable),for a total of$239,260.00,based on the cost statement submitted by Contractor(Exhibit
B),and as may be adjusted in accordance with the Contract Documents.
4. Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application
for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance
Department at the address stated in paragraph 6.
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 15 BID NO: 23-205
Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City.
City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which
is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the
Contract Documents, City standards, City Code, state standards,or federal standards.
5. Notice. Notice other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name: Marci Patterson, City Clerk Name: Boswell Asphalt Paving Solutions, Inc.
Phone: (509)720-5000 Phone: 208 884-1050
Address: 10210 East Sprague Avenue Address: 1651 W.Jarvis Ct.
Spokane Valley, WA 99206 Meridian,ID 83642
6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply
with all applicable federal, state, and local laws, codes, and regulations.
7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief,
that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records,making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph(A)(2)of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions(federal, state, or local)terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
8. Prevailing Wages on Public Works. Contractor,any subcontractor, or other person doing work under
this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee
an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the
Washington State Department of Labor and Industries ("L&I"). If employing labor in a class not shown,
Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial
Statistician. Contractor shall provide a copy of any such determinations to City.
Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 16 BID NO: 23-205
fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to
comply with chapter 39.12 RCW.
The following information is provided pursuant to RCW 39.12.030:
A. State of Washington prevailing wage rates applicable to this public works project,published by
L&I, are located at the L&I website address:
https://fortress.wa.gov/Ini/waselookup/prvWagelookup.aspx
B. This Project is located in Spokane County.
C. The effective prevailing wage date is the same date as the bid due date as referenced in the
original request for bids and as may be revised by addenda.
A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public
Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request,
City will mail a hard copy of the applicable prevailing wages for this project.
9. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent
contractor and not the agent or employee of City,that City is interested only in the results to be achieved,
and that the right to control the particular manner,method, and means in which the services are performed
is solely within the discretion of Contractor. Any and all employees who provide services to City under
this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for
the conduct and actions of all its employees under this Agreement and any liability that may attach thereto.
10. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared
by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure
pursuant to chapter 42.56 RCW,or other applicable public record laws.
11.Records. The City or State Auditor or any of their representatives shall have full access to and the right
to examine during normal business hours all of Contractor's records with respect to all matters covered in
this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts
from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters
covered by this Agreement for a period of three years from the date final payment is made hereunder.
12. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work
and materials performed or installed under this Agreement are free from defect or failure for a period of
one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater
period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in
work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to
City. This warranty provision shall not be construed to establish a period of limitation with respect to
Contractor's other obligations under this Agreement.
13. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by
the State of Washington at all times this Agreement is in effect.
14. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond
and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,
Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City
with a payment bond and a performance bond,pursuant to RCW 39.08.010(3).
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 17 BID NO: 23-205
15. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without
interruption from commencement of the Contractor's work through the term of the Contract and for 30 days
after the physical completion date,unless otherwise indicated herein.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below:
1. Automobile liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO) form CA
00 01.
2.Commercial general liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations for a period of three years
following substantial completion of the work for the benefit of the City, personal injury
and advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide a per project general aggregate
limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad
coverage. There shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The City shall be named as an additional insured under the
Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing at least as broad coverage.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than$1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a$2,000,000
products-completed operations aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,
the following provisions for automobile liability and commercial general liability insurance:
1. Contractor's insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be excess
of Contractor's insurance and shall not contribute with it.
2.Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation
notice within two business days of receipt by Contractor.
3. If Contractor maintains higher insurance limits than the minimums shown above, City
shall be insured for the full available limits of commercial general and excess or umbrella
liability maintained by Contractor, irrespective of whether such limits maintained by
Contractor are greater than those required by this Agreement or whether any certificate of
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 18 BID NO: 23-205
insurance furnished to the City evidences limits of liability lower than those maintained by
Contractor.
4. Failure on the part of Contractor to maintain the insurance as required shall constitute a
material breach of this Agreement, upon which the City may, after giving at least five
business days' notice to Contractor to correct the breach, immediately terminate the
Agreement, or at its sole discretion, procure or renew insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand, or at the sole discretion of the City, offset against funds due Contractor from the
City.
D.No Limitation. The Contractor's maintenance of insurance, its scope of coverage,and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law
or in equity.
E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating
of not less than A:VII.
F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the
signed Agreement,which shall be Exhibit D. The certificate shall specify all of the parties who are
additional insureds, and shall include applicable policy endorsements, and the deduction or
retention level. Insuring companies or entities are subject to City acceptance. If requested,
complete copies of insurance policies shall be provided to City. Contractor shall be financially
responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance
as required shall constitute a material breach of contract,upon which the City may, after giving as
least five business days' notice to Contractor to correct the breach, immediately terminate the
Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole
discretion of the City, offset against funds due Contractor from the City.
H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide
insurance coverage that complies with all applicable requirements of Contractor-provided
insurance as set forth herein, except Contractor shall have sole responsibility for determining the
limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City
is an additional insured on each subcontractor's Commercial General liability insurance policy
using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20
37 10 01 for completed operations.
16. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its
officers, officials,employees and volunteers harmless from any and all claims, injuries,damages, losses or
suits including attorney fees,arising out of or in connection with the performance of this Agreement,except
for injuries and damages caused by the sole negligence of the City.
However, should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,
officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 19 BID NO: 23-205
Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
17.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power,
right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance
shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this
Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy
provided herein or by law. Failure of either party to enforce at any time any of the provisions of this
Agreement or to require at any time performance by the other party of any provision hereof shall in no way
be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part
thereof.
18. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without first obtaining the written
consent of the other party.
19. Confidentiality. Contractor may, from time-to-time, receive information which is deemed by City to
be confidential. Contractor shall not disclose such information without the prior express written consent of
City or upon order of a Court of competent jurisdiction.
20. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through
informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State
of Washington for Spokane County,unless otherwise required by applicable federal or state law.If litigation
is commenced,then the prevailing party shall be entitled to recover their reasonable attorney fees and costs
incurred m said litigation.
21. Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility
criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall
verify responsibility criteria for each of its subcontractors. Verification shall include that each
subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW
39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an
elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be
included in every subcontract of every tier.
22. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue
shall be in Spokane County, State of Washington.
23.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties
and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or
altered except in writing signed by the Parties.
24.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or
action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited,
accepted,or granted a present or future gift,favor, service, or other thing of value from any person with an
interest in this Agreement.
25. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall
register with the City as a business if it has not already done so.
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 20 BID NO: 23-205
26. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement,
the Contractor, for itself, its assignees,and successors in interest agrees as follows:
A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in
subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination
in federally-assisted programs as adopted or amended from time-to-time, which are herein
incorporated by reference and made a part of this Agreement.
B. Non-discrimination. Contractor,with regard to the work performed by it during this Agreement,
shall not discriminate on the grounds of race,color,or national origin in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. Contractor shall
not participate directly or indirectly in the discrimination prohibited by the Acts and the
Regulations, including employment practices when the contract covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under
this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of
race,color,or national origin.
D. Information and Reports. Contractor shall provide all information and reports required by the
Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books,
records,accounts, other sources of information, and its facilities as may be determined by the City
or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions.
Where any information required of Contractor is in the exclusive possession of another who fails
or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as
appropriate, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non-
discrimination provisions of this Agreement,the City will impose such contract sanctions as it or
the WSDOT may determine to be appropriate, including,but not limited to:
1. Withholding payments to Contractor under the Agreement until Contractor complies;
and/or
2. Cancelling,terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these
Contract Clauses in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto.
Contractor shall take action with respect to any subcontract or procurement as the City or the
WSDOT may direct as a means of enforcing such provisions, including sanctions for
noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation
by a subcontractor or supplier because of such direction,Contractor may request that the City enter
into any litigation to protect the interests of the City. In addition,Contractor may request the United
States to enter into the litigation to protect the interests of the United States.
G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement,
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 21 BID NO: 23-205
the Contractor agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits
discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part
26;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on
the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin,or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms"programs or activities"to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131-
12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123)
(prohibits discrimination on the basis of race,color,national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English proficiency(LEP). To ensure compliance with
Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access
to your programs(70 Fed. Reg. at 74087 to 74100); and
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 22 BID NO: 23-205
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.).
27.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid
for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other
section,sentence,clause,or phrase of this Agreement.
28. Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Work
B. Cost Statement
C. Insurance Endorsements
D.Performance and Payment Bond
The Parties have executed this Agreement this !y T1 day o t14 1'("C-1 I ,20 a Y.
CITY OF SPOKANE VALLEY: Contractor:
3John Hohman tY $er By:Ci Mana 1
Its: Authorized Representative
APPROVED AS TO FORM:
Offi of the Cit Attorney
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 23 BID NO: 23-205
Exhibit A—Scope of Work
The LOCAL ACCESS PRESERVATION SERVICES 2024 SLURRY SEAL PROJECT contract work
includes a slurry surface treatment,all in accordance with the Contract Documents consisting of:
• Bid Proposal
• Contract Provisions
• Standard Specifications
• Addenda
• Certifications and Affidavits
• Supplemental Agreements
• Change Orders
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 24 BID NO: 23-205
EXHIBIT B
Local Access Preservation Services
2024 Slurry Seal Project Proposal Form
Local Access Preservation Services 2024 Slurry Seal Project
Item# Description Quantity Unit Cost Total
100 FLAGGERS AND SPOTTERS 80 HR $90.00 $7,200.00
101 PORTABLE CHANGEABLE MESSAGE SIGN 6 DAY $135.00 $61000
102 MINOR CHANGE 1 CALC. $ 25,000.00 $25,000.00
103 LATEX MODIFIED SLURRY SEAL TYPE II 33,000 SY $6.25 $206,250.00
Total $239,260.00
Person/Entity Name: Melynda Boswell Signature of Bidder:--III 1J ul...Q\
Company: Boswell Asphalt Paving Solutions Inc. Date: 01/26/2'24
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 4 BID NO: 23-205
Phone: (509)720-5007
A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
`•---� 02/02/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTNAME:ACT Traci Williams
FIG Insurance-National PHO(A/C.No.Ext): 208-991-3494 I!a,No):
6206 N Discovery Way, Ste 102 E-MAIL
ADDRESS: traci.williams@fignow.com
BOISE,ID 83713 INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A: Auto Owners Insurance 18988
1N$1RP-D INSURER B: ID State Insurance Fund 36129
Boswell Asphalt Paving Solutions Inc. INSURER C: _
1651 W Jarvis Ct INSURER D:
Meridian, ID 83642-6847 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 00135795-0 REVISION NUMBER: 219
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR i ADDL SI/BR POLICY EFF POWCY EXP
LTR; TYPE OF INSURANCE INSD 1 WVD' POLICY NUMBER (MM/DDNYYY) (MM/DD/YYYY) LIMITS
A ^X}COMMERCIAL GENERAL LIABILITY Y i 57232069 05/06/2023 05/06/2024 EACH OCCURRENCE $ 1_,000,000
I CLAIMS MADE X OCCUR `PREMISES
sENTEO
PREMISES(Es occurrence) $ 300,000
X1 XCU NotExcluded MED EXP(Any one person) $ 10,000
X I Contractual Llab i PERSONAL 8 ADV INJURY S 1,000,000
GE RI AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000
I POLICY X PECOT- LOC I PRODUCTS-COMP/OP AGG S 2,000,000
OTHER: $
A AUTOMOBILE IJABIUTY 4723206902 05/06/2023 05/06/2024 COMBINED SINGLE LIMIT S
(Ea ecadenn 1,000,000
X ANY AUTO ; BODILY INJURY(Per person) S
OWNED SCHEDULED BODILY INJURY(Per accident) S
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE S
AUTOS ONLY AUTOS ONLY ! (Per accident)
$
A X j UMBRELLA UAB X OCCUR 4723206901 05/06/2023 05/06/2024 EACH OCCURRENCE $ 2,000,000
—1 EXCESS UAB CLAIMS-MADE i AGGREGATE S 2,000,000
DED RETENTIONS $
WORKERS COMPENSATION
B I j 639296 01/19/2024 01/19/2025 X STATUTE ERµ
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNERJEXECUTNE Y/N ! E.L.EACH ACCIDENT S 1,000,000
OFFICER/MEMBER EXCLUDED? Y N/A --- --
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
Iyes describe under
I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space is required)
CONTRACT NO.23-205-Local Access Preservation Services 2024 Slurry Seal Project
Certificate Holder Is listed as an additional insured with respect to general liability and auto liability if required or agreed to in
a written contract subject to all provisions and limitations of the policy.General Liability coverage is primary and
noncontributory.A Waiver of Subrogation in favor of Certificate Holder applies with respect to general liability,auto liability
and or workers compensation if required or agreed to in a written contract subject to all provisions and limitations of the
policy.Umbrella is follow form.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Spokane Valley THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ATTN: Marci Patterson,City Clerk ACCORDANCE WITH THE POLICY PROVISIONS.
10210 East Sprague Avenue
Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE r
4/ U_L. t4I - (TDW)
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by TDW on 02/02/2024 at 08:57PM
Agency Code 39-0003-00 Policy Number 074639-57232069
55373 (5-17)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Under SECTION II-WHO IS AN INSURED is in whole or in part, by"your work"for that Addi-
amended. The following provision is added. tional Insured by or for you. Other insurance
A person or organization is an Additional Insured, available to the Additional Insured will apply as
only with respect to liability caused, in whole or in excess insurance and not contribute as primary
part, by"your work"for that Additional Insured by or insurance to the insurance provided by this
for you: endorsement.
1. If required in a written contract or agreement; or 2. The following condition is added.
2. If required by an oral contract or agreement only Other Additional Insured Coverage Issued By
if a Certificate of Insurance was issued prior to Us
the loss indicating that the person or organiza- If this policy provides coverage for the same
tion was an Additional Insured. loss to any Additional Insured specifically shown
B. SECTION III-LIMITS OF INSURANCE is as an Additional Insured in another endorsement
amended. The following provision is added. to this policy, our maximum limit of insurance
The limits of liability for the Additional Insured are under this endorsement and any other endorse-
those specified in the written contract or agreement ment shall not exceed the limit of insurance in
between the insured and the owner, lessee or con- the written contract or agreement between the
tractor or those specified in the Certificate of Insur- insured and the owner, lessee or contractor, or
ance, if an oral contract or agreement, not to exceed the limits provided in this policy,whichever is
the limits provided in this policy. These limits are less. Our maximum limit of insurance arising
inclusive of and not in addition to the limits of out of an"occurrence", shall not exceed the limit
insurance shown in the Declarations, of insurance shown in the Declarations, regard-
C. SECTION IV-COMMERCIAL GENERAL less of the number of insureds or Additional
LIABILITY CONDITIONS is amended. Insureds.
1. The following condition is added to 4.Other
Insurance. All other policy terms and conditions apply.
This insurance is primary for the Additional
Insured, but only with respect to liability caused,
55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
Agency Code 39-0003-00 Policy Number 074639-57232069
ownership or majority interest,will qualify as a 11. BLANKET WAIVER OF SUBROGATION
Named Insured if there is no other similar insur- SECTION IV-COMMERCIAL GENERAL LIABIL-
ance available to that organization. However: ITY CONDITIONS is amended. The following provi-
a. Coverage under this provision is afforded sion is added to 8,Transfer Of Rights of Recov-
only until the 180th day after you acquire or ery Against Others To Us.
form the organization or the end of the pol- When you have agreed to waive your right of subro-
icy period,whichever is earlier; gation in a written contract, executed prior to loss,
b. Coverage A does not apply to"bodily injury" with any person or organization,we waive any right
or"property damage"that occurred before to recovery we may have against such person or
you acquired or formed the organization; organization because of payments we make for in-
and jury or damage arising out of your ongoing opera-
c. Coverage B does not apply to"personal and tions or"your work"done under a contract with that
advertising injury"arising out of an offense person or organization and induded in the
committed before you acquired or formed "products-completed operations hazard".
the organization.
No person or organization is an insured with All other policy terms and conditions apply.
respect to the conduct of any current or past
partnership,joint venture or limited liability com-
pany that is not shown as a Named Insured in
the Dedarations.
55091 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6
Agency Code 39-0003-00 Policy Number 074639-57232069
55200 (6-96)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF LOCATION AND PROJECT
AGGREGATE LIMITS OF INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
1. The General Aggregate Limit under LIMITS OF INSURANCE (Section III)applies separately to each of your"loca-
tions" owned by or rented to you.
"Location"means premises involving the same or connecting lots, or premises whose connection is interrupted only
by a street, roadway,waterway or right-of-way of a railroad.
2. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III)applies separately to each of your pro-
jects away from premises owned by or rented to you.
Includes copyrighted material of Insurance Services Office, Inc.,with its permission
55200 (6-96) Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
CITY OF���
Valley
BOND NO: 4448055
Premium:$2,893.00
CONTRACTOR'S PERFORMANCE BOND on the SubjectFinal to ChanConVgedact Base
Priced
to City of Spokane Valley,Washington
The City of Spokane Valley,Washington,in Spokane County,has awarded to Boswell Asphalt Paving Solutions,Inc.(Contractor),
as Principal,a contract for the construction of the project designated as LOCAL ACCESS PRESERVATION SERVICES 2024
SLURRY SEAL PROJECT. in Spokane Valley, Washington,and said Principal is required under the terms of the Contract to
furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW).
The Principal, and SureTec Insurance Company (Surety), a corporation,
organized under the laws of Texas and licensed to do business in the State of Washington as surety and named in
the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau
of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the
sum of$ 239,260.00 total Contract amount(including Washington State sales tax),subject to the provisions herein.
This performance bond shall become null and void,if and when the Principal, its heirs,executors, administrators, successors, or
assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions
of all duly authorized modifications, additions,and changes to said Contract that may hereafter be made, at the time and in the
manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee
from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such
performance obligations have not been fulfilled,this bond shall remain in full force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the
specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation
on this bond, and waives notice of any change, extension of time,alteration or addition to the terms of the Contract or the work
performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total
amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not
required for such increased obligation.
This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will
only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the
surety.
Boswell Asphalt Paving Solutions, Inc.
PRINCIPAL(CONTRACTOR) SURETY SureTec Insurance Company
Z/Q/Z 1/31/2024 r
Principal Si ature Date Surety Signature Dateriali/c�
1(14 e t v VI C@G� B oSU kt Albert Melendez X ,9 '1
;
Printed Nafne i Printed Name kkEIC‘4114*-
; W r LSi d en.1 Attorney-in-Fact 1,:_. 4yTitle Title ....
"
Name,address,and telephone of local office/agent of Surety Company is: µ ��i „00
do Performance Bonding Surety&Insurance Brokerage
15901 Red Hill Avenue, Suite 202,Tustin,California 92780
(714)505-7011
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 25 BID NO: 23-205
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 JAN 3 1 2024 ,before me, Christina Rogers , Notary Public,
personally appeared Albert Melendez
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 State of California that the foregoing
paragraph is true and correct.
►.ao
CHRISTINA ROGERS
Notary PubliceCounty•
California
OrangeWITNESS myhand and official seal.
�
Commission#2463205
"..a" My Comm.Expires Sep 14,2027
SIGNATURE
PLACE NOTARY SEAL ABOVE
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 this form to another document.
Description of attached document
Title or type of aasz ent:
Document Date: Number of Pa •
Signer(s)Other than Named Above:
POAFF 510869
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN av 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:
Jennifer Anaya,Erik Johanson,Melissa Lopez,Christina Rogers,Albert MetendeZ,Joaquin Perez
Their true and lawful agent(s)and attorneys)-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:
Twenty Five Million and 00/100 Dollars($25,000.000_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,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer
and each of them hereby is authorized to execute powers of attorney,and such authority tan 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 actand 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 13th day of February , 2023.
SureTec Insurance Company .iii Marke!4hsurance pant
lUdillt !,
Ss RANC` ``s`�U `CF'#,1. ,/ �'f' k
/5 \i y � �Y; tom= 4
Michael C.Keimig,Preside•/ %,0-, t i 'tea'•. s,=' Lindey lerMings;Vice esident
State of Texas
County of Harris:
On this 13t day of February , 2023 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,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.
IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written.
XENIA DIVAS : f /
e �w iNOtari Pliblie ate re eVO'S By: ,j�e/ —
r j Xvia ltiivas,No ry Public
• -4 ar n c^" ,! • My co mission expires 9/10/2024
. •, i✓�9'lit:€sv,a,:cx.pifc��;i.,,._. •
We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby 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 has not bean revoked.
IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seats of said Companies,on the 31 St day of January 2024 .
SureTec insurance Company Mar el Inrarance Company
' r (�. g i f By: w'" see- 's
By
M.Bren'�t Beaty,Assistant Secrepry As{drew Pstarquis,Assistan&cretar+f ji
Any Instrument Issued in excess of the penalty stated above is totally void and withoutanyvaildity.5i0869
For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30AM and 5:00 PM CST.
September 29,2022
Bond Obligees
Project Owners
General Contractors
RE:Digital Seal Authority and Enforceability Notice
To whom it may concern:
The use of an electronic image of the corporate seal of Markel Insurance Company or SureTec Insurance
Company (the "Digital Seal"), and the attachment of the Digital Seal to any surety bond issued by Markel
Insurance Company or SureTec Insurance Company is authorized by the company. Markel Insurance Company
and SureTec Insurance Company acknowledge and agree that the Digital Seal may be affixed to any Surety
bond and relied upon to the same extent as if a raised corporate seal was attached to the bond.
Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice,executed electronically,to an
Obligee or Obligee's representative, shall constitute effective execution and delivery of this notice and shall
have the same legal effect as a delivery of a tangible original of the notice with my original"wet"signature.
If you require further verification you may call our Home Office Underwriting Center at 1-800-732-0999 or send
a verification request to bondverification@markel.corn.
In Witness Whereof,this has been executed by the Executive Vice President and Chief Underwriting Officer,
Surety for each of Markel Insurance Company and SureTec Insurance Company.
' is
Lindey Je ings, EV Chief Underwriting Officer
OoOVoi/ t/ RAN
5c
cO �cl X ,9•.CEO
V.a� SEAL •a� cr.{W�! :•
M
Spokane
400.Valley BOND NO: 4448055
Premium Included in Cost of the Performance Bond
CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT)
to City of Spokane Valley,Washington
The City of Spokane Valley,Washington,in Spokane County,has awarded to Boswell Asphalt Paving Solutions,Inc. (Contractor),
as Principal,a contract for the construction of the project designated as LOCAL ACCESS PRESERVATION SERVICES 2024
SLURRY SEAL PROJECT in Spokane Valley, Washington,and said Principal is required under the terms of the Contract to
furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW).
The Principal, and SureTec Insurance Company (Surety), a corporation
organized under the laws Texas and licensed to do business in the State of Washington as surety and named in the
current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of
Accounts,U.S.Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee, in the
sum of$ 239,260.00 total Contract amount(including Washington State sales tax),subject to the provisions herein.
This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns
shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics,subcontractors,
and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on
of such work;and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason
of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall
remain in full force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the
specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation
on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of
the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract
that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and
notice to Surety is not required for such increased obligation.
This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will
only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the
surety.
Boswell Asphalt Paving Solutions, Inc.
PRINCIPAL(CONTRACTOR) SURETY SureTec Insurance Company
1 Sb4 C 2 61/.2 'j 1/31/2024
S ature Date Surety Signature D(RAIVe
t uionun
Principal
I l le! y dl.�l 12 S t Albert Melendez .��j V e 0
Printed Na(ne Printed Name 14 •��PreS i dal+ -!
Attorney-in-Fact i ,,�
Title Title
Name,address,and telephone of local office/agent of Surety Company is:
c/o Performance Bonding Surety&Insurance Brokerage -ammo,Hiroo,
15901 Red Hill Avenue, Suite 202,Tustin, California 92780
(714)505-7011
CITY OF SPOKANE VALLEY BID PROPOSAL DOCUMENTS
2024 SLURRY SEAL PROJECT 26 BID NO: 23-205
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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
JAN 31 2024 On , before me, Christina Rogers , Notary Public,
personally appeared Albert Melendez
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 State of California that the foregoing
paragraph is true and correct.
r CHRiSTINA ROGERS
Notary Public•California
Orange County
Commission f 2463205 WITNESS my hand and official seal.
My Comm.Expires Sep 14,2027
SIGNATURE
PLACE NOTARY SEAL ABOVE
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 this form to another document.
Description of attached document
Title or type of docu
Document Date: Number of Page .
Signer(s) Other than Named Above:
POA# 510869
JOINT LIMITED POWER OF ATTORNEY
KNOW AU.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 Alien,Virginia,does by these presents make,constitute and appoint:
Jennifer Anaya,Erik Johansson,Melissa Lopez.Christina Rogers,Albert MMtelendez,Joaquin Perez
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:
Twenty Five Million and 001100 Dollars($25,000.000.00)
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,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasure:or Assistant Treasurer
and each of them hereby is authorized to execute powers 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 Cr 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 13th day of February ,2023.
SureTec Insurance Company e�JRAhfC ��p5oiturr, tvtarke insurance Company
w: %_
kucc
'> �� g ��c' :2.' Linde Jennie s;Vice President
Michael C.Keimig,Preside ' -,,p` ,,t a a- ''mot'•.ezeV@•'<� Y g
State of Texas „„'y,_ea' ''''�rrrrriu4l`ss L'
County of Harris:
On this 13th day of February , 2023 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,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 duty 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.
IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Offidal Seal at the County of Harris,the day and year first above written.
oy'a, XEiVi��� }} i f�/� „
rry .c Notaiyf PtiNc State Texas 3 Sy: //".^' " 4"'s'
r' 129117559 ! x nip,'vivas,No���jjjry Public
..4F:� ♦iL 1lISSIrJi![[ I T^_(!1
H i.C"C'"} . COrrriiaSLon Expires:Ur2� i My co mission expires 9/10/2024
We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby 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 has not been revoked.
IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,or,the 31st day of January 2024 .
Sur eTec insurance Company Markel Insurance Company
,, /
f 1 `.i By ✓ .
By. .
M.&efit Beaty,Assfstant Secretary Artrdrew Marquis,Assistant`Secretar'(
Any Instrument Issued in excesof the penalty stated above is totally void and without any validity.510889
For verification of the authority of this Power you may call(713)812 0800 on any busirws day between B30 AM and 5:03 PM CST.
September 29,2022
Bond Obligees
Project Owners
General Contractors
RE:Digital Seal Authority and Enforceability Notice
To whom it may concern:
The use of an electronic image of the corporate seal of Markel Insurance Company or SureTec Insurance
Company (the "Digital Seal"), and the attachment of the Digital Seal to any surety bond issued by Markel
Insurance Company or SureTec Insurance Company is authorized by the company. Markel Insurance Company
and SureTec Insurance Company acknowledge and agree that the Digital Seal may be affixed to any Surety
bond and relied upon to the same extent as if a raised corporate seal was attached to the bond.
Delivery of a digital copy of this Digital Seal Authority and Enforceability Notice,executed electronically,to an
Obligee or Obligee's representative, shall constitute effective execution and delivery of this notice and shall
have the same legal effect as a delivery of a tangible original of the notice with my original"wet"signature.
If you require further verification you may call our Home Office Underwriting Center at 1-800-732-0999 or send
a verification request to bondverification@markel.cow.
In Witness Whereof,this has been executed by the Executive Vice President and Chief Underwriting Officer,
Surety for each of Markel Insurance Company and SureTec Insurance Company.
•
,A...
Lindey Je ings, EV Chief Underwriting Officer
,1111111114 x�u„
=1", SEAL •ro u,i w,�
"1111111== 4.. ,su m v�� `mow
M