HomeMy WebLinkAboutWright Construction Engineering Corp - Paradise Creek Emergency Storm Damage Repair - 2024OWNER - CONTRACTOR AGREEMENT
PARADISE CREEK EMERGENCY STORM DAMAGE REPAIR
Owner -Contractor Agreement ("Agreement") is.. made by and between the City of
This Owne California 91950 and Wright
National City, 1243 National City Boulevard Nation City, San Marcos, CA
Construction Engineering Corp. ("Contractor"), 2625 S Santa Fe Ave,
92069, on the 24th day of June, 2024�forthe costruction of the above referenced Project.
In cons
ideration of the mutual covenants and agreements set forth herein, the Owner
and Contractor have mutually agreed as follows:
1, CONSTRUCTION
all the labor, services, materials and
The Contractor agrees to do )all the work and furnish ain a turn -key manner in
equipment necessary to construct and complete the Project
with this Agreement and all documents and p
(hereinafter "Contract Documents"), in compliance with all relevant Federal d to the
California, County of San Diego and City of National City codes and regulations,
satisfaction of the Owner.
2. CONTRACT PRICE
tees to ay and the Contractor agrees to accept as full compensation for
Owner hereby agrees P
'n the project in accordance with these Contract Documents in an amount tet
constructing P „ „
to exc
eed the contract price as set forth in Exhibit B attached hereto and incorporated
nc described
herein by reference. Payments to the Contractor shall be made in the man
ner in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the
essence for this Agreement and the Contractor shall construct the project
eve detail to a complete and turn -key fashion to the satisfaction of the Owner w
n
in rY
the specified duration set forth in the Special Provisions.
4, NON-DISCRIMINATION
In the perfo
rmance of this Agreement, the Contractor shall not refuse or fail tohire
p Y
ior
or
em to any qualified person, or bar or discharge from employmentensat any er terms,
discriminate against any person, with respect to such peerc/nrace, religious status,
conditions or privileges of employment because of such pson's
sex or age.
5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre -construction meeting
shall be the Owner's authorized representative in the interpretation and enforcement o
all Work performed in connection with this Agreement.
6. WORKERS' COMPENSATION INSURANCE
Y Y a)
B m signature hereunder, as Contractor, I certify that I am aware of the
be
provisions of Section 3700 of the Labor Code, which requires every employer self-insurance a in
insured against liability for Workers' Compensation or to undertake
ch srovis ons before
accordance with the provisions of that Code, and I will comply with su p
commencing the performance of the Work of this Agreement.
b The Contractor shall require each subcontractor to comply with the
requirement
s of Section 3700 of the Labor Code. Before commencing any Work, the
Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for workers compensaland I will
undertake self-insurance in accordance with the provisions of that
Code, the Work of
comply with such provisions before commencing the performance
this Agreement."
7. ENTIRE AGREEMENT; CONFLICT
The Contract
Documents comprise the entire agreement between the Owner and the
Contractor p
with respect to the Work. In the event of conflict between the terms of this
Agreem
ent and the bid of the Contractor, then this Agreement shall control and nothihg
herein shall be considered as an acceptance of the terms of the bid conflicting
g. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets,
accounting rec
ords and other evidence pertaining to costs incurred and shall make such n
materials available at its office at all reasonable times during the term of this
Arefor
and for three (3) years from the date of final payment under this Agreement,
inspection b Owner and copies thereof shall be furnished to Owner if requested.
9. INDEPENDENT CONTRACTOR
At all times
duringthe term of this Agreement, Contractor shall be an independent
contrac
tor and shall not be an employee, agent, partner or joint venturer of the
Owner shall have the right to control Contractor insofar as the results of Contr woe's
services rendered pursuant to this Agreement; however, Owner shall not have the right
to control the means by which Contractor accomplishes such services.
10. LICENSES AND PERMITS
or represents and declares to Owner that it has all licenses, permits,
its
Contract p
qualifications and approvals of whatever nature which are legally required helpractice is sole
profession. Contractor represents and warrants to Owner thatContractor
thisoAgreement, any
cost and expense, keep in effect at all times during the
all required for Contractor to
licenses, permits, qualifications or approvals which are legally y q
practice its profession.
11. GOVERNING LAW, VENUE
This Agreemen
t and the Contract Documents shall be construed under and in accordance
ro
with the laws of the State of California, and t rriate venue for any action
proceeding arising from this Agreement and/or the Contact Documents shall be had in
the Superior Court of San Diego, Central Branch.
12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for
all purposes be deemed to be an original.
13. FALSE CLAIMS
Contractor acknowledges es that if a false claim is submitted to the Owner, it may be
fraud and Contractor may be subject to criminal prosecution. Contractor
considered ,
that the False Claims Act, California Government Code sectionst a 0., et
acknowledges
se provides for civil penalties where a person knowingly submits a false with deliberate
lic
q,
entity. These provisions include within their scope false claims
he truth or falsity of the
ignorance of the false information or in reckless disregard of
pursuant to the False
information. In the event the Owner seeks to recoveiupden attorneys' fees. Contractor
Claims Act, it is entitled to recover its litigation costs, including
claim may the Contractor to an
hereby acknowledges that the filing of a ein Contractor may be prevented from
administrative debarment proceeding er period of up to five (5) years.
er
further bidding on public contracts for a p
I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)
14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner
other than by an amendment in writing and signed by the Owner and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
Owner:
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Barry J. Schult
City Attorney
Contractor:
Wright Construction Engineering
/do !/ �/'
(Owner/Officer signature)
Wesley Wright - President
Print name and title
(Second officer signature if a corporation)
Print name and title
09049155
Contractor's City Business License No.
995153 - Class
State Contractor's License No. and Class
2625 S Santa Fe Ave.,
Business street address
San Marcos, CA 92069
City, State and Zip Code
CERTIFICATE OF CORPORATE RESOLUTION
WRIGHT CONSTRUCTION ENGINEERING CORP.
i, Wesley Wright, President of W right Construction Engineering Corp., organized and existing under the
r.
laws of California and having its principal placeof
business at 3725 Triestea resolution adopted by tDr. Carlsbad,
yd of Californiaof the
hereby certify that the following is a true copy o
Corporation at a meeting convened and held on July 1, 2014 at which a quorum was present and voting
throughout and that such resolution is now in full force and effect and is in accordance with the
provisions of the charter and by-laws of the Corporation.
RESOLVED: That the President, Wesley Wright, of the Corporation is hereby authorized to sign
any contracts or forms on behalf of the Corporation.
RESOLVED FURTHER: That the President, Wesley Wright, is hereby authorized and directed to
certify to any interested party that this resolution has been duly adopted, is in full force and
effect, and is in accordance with the provisions of the charter and by-laws of the Corporation.
1 further certify that this Corporation is duly organized and existing, and has the power to take the action
called for by the foregoing resolution.
-J
DIRECTORS �— G
Date
President
Date
Vice President
Date _
Secretary
Date
ITreasurer
Witness my hand seal of this corporation on this 1st day of July, 2014.
EXHIBIT A
CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans/Exhibits
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public
(Greenbook)
State Standard Specifications
State Standard Plans
Works Construction and Regional Supplements
California Building, Mechanical, Plumbing and Electrical Codes
Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies' specifications and standards
Sweetwater Authority specifications and standards
Specificat
ionsstandards and requirements of MTS, BNSF, SANDAG, Port of San Diego and
,
all other agencies that may be adjacent and/or affected by the project.
Exhibit "A"
OW
r AI �
tii!4103
Exi,lbit
A - Scope
iF
Limits of Woi k
�
� ,
Remove and dispose of sediment
and debris within 18" diverlon pipe
t,6� f
^r. �W
A
e�
Clear and grub and remove sediment+,vthin limits
of work
Seli7lSr }_.�.
OL
nd rub and remove sediment within limits azl r
Clearan g . -•..�, �. 2. w
of work �! `
N
a.Q ' •d C
- e
. 4 �' �t�� � ; A 7R} �,i 'ld�+ .r.. _J I' � '.t� .. . �,,,i�\.T �r_ ��r'�-^----�--•..a.�_� -.
a
. •� - / �—' .air �� __
._�.,, / .� _ aL'w��Rl-:A. ham~*. ...�.e.� . Y 'r. s� ..�.• ^,
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Exhibit "
B"
EXHIBIT B
CONTRACT PRICE
CALIFORNIA -
%yrIONAL CITY
/i Hr �Lis1 go
Paradise Creek Emergency Storm Damage Repair
Bid Line ttems
Contractor Signature: ssnei I M rmn,n NS!�M� �n- �
Date: h//?�
CORPORATE CERTIFICATE
Wesley Wright certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
NA esles Wright who signed said contract on behalf of the
of said
Contractor, was then
President
Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
Wesley Wright certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
Wesley, Wright who signed said contract on behalf of the
Contractor, was then
President of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
Corporate Seal:
r -
'fig •�_�.1�,•�..i,,. ?i- :.:�li 'i�� i-i{:1SL�.;��.• •��,
O-V _
.\ Bond No:SO45624
**Executed in Triplicate** Premium: $4,916.00
PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024-
, OR the City Manager of the City of National City, on the 241h day of June, 2024, has
awarded Wright Construction Engineering Corp., hereinafter designated as the
"Principal", the PARADISE CREEK EMERGENCY STORM DAMAGE REPAIR PROJECT.
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and
Employers Mutual Casual Company as surety, are held and firmly
bound unto the City of National City, hereinafter called the "City", in the penal sum of
Two Hundred Sixty One Thousand, Seventy Five Dollars ($261,075.00) lawful money of
the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal,
his/her or its heirs, executors, administrators, successors or assigns, shall in all things
stand to and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the said contract any alteration thereof made as therein provides, on his
or their part, to be kept and performed at the time and in the amount therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and
save harmless the City of National City, its officers, agents, employees, and volunteers as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the
work to be performed herein or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or additions to the terms of the contract or to the
work or to the specifications.
In the event suit is brought upon this bond by the City and judgment is recovered, the
surety shall pay all costs incurred bythe City in such suit, including a reasonable attorney's
fee to be fixed by the Court.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the 26th day of ,tune 2024 .
(SEAL)
Leon, Attorney -in -Fact
Surety
Mutual Casualty Company
(SEAL)
(SEAL)
(SEAL)
Principal
Wright Construction Engineering, Corp.
NO*
PERFORMANCE BOND
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
) ss
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
known to me to be the person
whose name is subscribed to the within instrument as the attorney -in -fact of the
, the corporation named as Surety
in said instrument, and acknowledged to me that he subscribed the name of said
corporation thereto as Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for NOTE: The Attorney -in -fact must attach a
Surety must be properly certified copy of the Power of
acknowledged. Attorney.
Signature:
Name (Type or Print):
Notary Public in and for said County and State
My Commission expires:
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California,
Employers Mutual Casualty Company
Of Des Moines, Towa
, organized under the
laws of T owa , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within the State, subject to
all provisions of this Certificate, the following classes of insurance: Fire., Marine,
Surety, Disability, Plate Glass, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler,
Team and Vehicle, Automobile, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made
under authority, of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the
day of March
Yt
2003 ,Ihavehereunto
set my hand and caused my official seal to be affixed this
4th
0
day of
for Tda
March
2003
P.O. Box 712 f Des Moines, Iowa 50306-0712
*emc-
INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
Kassandra De Leon
its true and lawful aftomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s):
Surety Bond Principal: Obligee:
Number Wright Construction City of National City
Engineering, Inc.
SO45624
and to bind each Company thereby as fully and to the same extent as If such instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint aftomeys-in4act and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognaances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such adomey-in-fact at any time
and revoke the power and authority given to him or her. Aftomeys-in-fact shall have power and authority, subject to the terms and limitations of the power -of -attorney
issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, and any such Instrument executed by any such atomey-in-fact shall be fully and in all respects binding upon
the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power-cf-aftomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents
22nd day of September , 2022 .
Seals
,."o, NSUggA!. `a.'gr.o»,R,`^�E
=o=SEAL __Ea61863 3-`51953
%•iIWWPf•
�.��PPNCF �'. :EWSUP9NC .� ���p,U4;�•.
9'
�`4 uPPVCFq�, C04:- :=4Q y�wVCga�'f 0:- oyPS.`aPVOq�r'SGT=_
-
W SEAL a n ? i; SEAL a -
:W-
�OWP f ', VN'H OP'F • V'VOfNES,��=
�yr "THYLOVERID6E
LCar vduim Mmnbw 780769
MY oct�obff to. 1KS
for each by their officers as shown, and the Corporate seals to be hereto affixed this
R. Jean, P ident & CEO Todd Strother,Executive Vice President
mpany 1; irnan, President Chief Legal Officer & Secretary of
D of Co nies 2, 3.4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6
Onthis 22nddayof September 2022 before me a Notary Public in and for the State
of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn,
did say that they are, and are known to me to be the CEO, Chairman, President, Executive
Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies
above; that the seals affixed to this instrument are the seals of said corporations; that said
instrument was signed and sealed on behalf of each of the Companies by authority of their
respective Boards of Directors; and that the said Scott R. Jean and Todd Brother, as such
officers, acknowledged the execution of said instrument to be their voluntary act and deed,
and the voluntary act and deed of each of the Companies.
My Commission Expires October 10, 2025.
CERTIFICATE
Notary Publi in and for the State of#bwa
I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and
this Power of Attorney Issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 26th day of June 2024
Vice President
7851 19-221 SO45624-NA J0565 911 AC 008958 "For verification of the aulhenticitv of the Power of Attomev you may call (5151345-7548."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy or validity of that document.
State of California )
ss
County of Orange
JUN 2 6 2024
On before me, C. L. Hernandez, Notary Public, personally appeared
Kassandra De Leon, who proved to me on the basis of satisfactory evidence to be the personfs4
whose name4s4 isAare subscribed to the within instrument and acknowledged to me that
hefsheA4" executed the same in 4is/her7>zhe:r authorized capacity4es4, and that by
Mis¢her{their signatureN on the instrument the personts), or the entity upon behalf of which the
personto acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
C. L.HERNANDEZ _
Notary Public - California
Los Angeles County
Commission : 2414374 `u
My Comm. Expires Se0 27, 2026 > Signature6 il
l
(Seal) C. L. Hernandez, Notary
Bond No: SO45624
*'Executed in Triplicate" Bond
included in
Performance Bond
PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024-
OR the City Manager of the City of National City, on the 24th day of June, 2024, has
awarded Wright Construction Engineering Corp., hereinafter designated as the
"Principal", the PARADISE CREEK EMERGENCY STORM DAMAGE REPAIR PROJECT.
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225)
and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California
Civil Code to furnish a bond in connection with said contract;
NOW.. THEREFORE, we, the Principal and Employers Mutual Casualty Company
as surety, are held and firmly bound unto the City of National City, hereinafter called the
"City", in the penal sum of Two Hundred Sixty One Thousand, Seven Five Dollars
($261,075.00) lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its
subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
any of the persons named in Section 3181 of the California Civil Code, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by
any such claimant, or for any amounts required to be deducted, withheld, and paid over
to the Franchise Tax Board from the wages of employees of the Contractor and his
subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with
respect to such work and labor the Surety will pay for the same in an amount not
exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond,
a reasonable attorney's fee, to be fixed by the Court.
This Bond shall insure to the benefit of any of the persons named in Section 3181
of the California Civil Code, so as to give a right of action to such persons or their assigns
in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of time
for performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement hereinabove described or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, not by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement hereinabove described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given, and under no circumstances shall Surety be
released from liability to those for whose benefit such bond has been given, by reason of
any breach of contract between the owner of Public Entity and original contractor or on
the part of any obliges named in such bond, but the sole conditions of recovery shall be
that claimant is a person described in Section 3110 or 3112 of the California Civil Code,
and has not been paid the full amount of his claim and that Surety does hereby waive
notice of any such change, extension of time, addition, alteration or modification herein
mentioned.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal
and Surety above named, on the 26th day of June 2024
Employers Mutual Casualty Company
EAL) (SEAL)
EAL) (SEAL)
EAL) �� (SEAL)
Principal
Wright Construction Engineering, Corp.
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
) ss
COUNTY OF
On this day of . 20 , before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
known to me to be the person
whose name is subscribed to the within instrument as the attorney -in -fact of the
the corporation named as Surety
in said instrument, and acknowledged to me that he subscribed the name of said
corporation thereto as Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for NOTE: The Attorney -in -fact must attach a
Surety must be properly certified copy of the Power of
acknowledged. Attorney.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
ATTACH ALL BONDS
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California,
Employers Mutual Casualty Company
Of Des Moines, Iowa , organized under the
laws of T owa , subject to its Articles of Incorporation or
otherfundamental organizational documents, is hereby authorized to transact within the State, subject to
all provisions of this Certificate, the following classes of insurance: Fire, Marine,
Surety, Disability, Plate Glass, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler,
Team and Vehicle, Automobile, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the Yth
day of March
2 0 0 3 , 1 have hereunto
set my hand and caused my official seal to be affixed this
4th
LIE
day of
for Tda
March
2003
P.O. Box 712 • Des Moines, Iowa 50306-0712
N?MC
INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
Kassandra De Leon
its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s):
Surety Bond Principal: Obligee:
Number Wright Construction City of National City
Engineering, Inc.
SO45624
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint ahomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fact at anytime
and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power -of -attorney
issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon
the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents to be
22nd day of September , 2022 .
Seals
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for each by their officers as shown, and the Corporate seals to be hereto affixed this
hott RP. Jean, ident & CEO Todd Strother,Executive Vice President
f Company 1; irman, President Chief Legal Officer & Secretary of
& CEO of Co nies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6
On this 22nd day of September , 2022 before me a Notary Public in and for the State
of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn,
did say that they are, and are known to me to be the CEO, Chairman, President, Executive
Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies
above; that the seals affixed to this instrument are the seals of said corporations; that said
instrument was signed and sealed on behalf of each of the Companies by authority of their
respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such
officers, acknowledged the execution of said instrument to be their voluntary act and deed,
and the voluntary act and deed of each of the Companies.
My Commission Expires October 10, 2025.
Notary Publi in and for the State of ffowa
CERTIFICATE
I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and
this Power of Attorney issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 26th day of
June
2024
Vice President
7851 19-221 SO45624-NA J0565 911 AC 008958 "For verification of the authenticity of the Power of Attornev you may call (5151345-7548."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy or validity of that document.
State of California )
ss
County of Orange )
On JUN 2 6 2024 before me, C. L. Hernandez, Notary Public, personally appeared
Kassandra De Leon, who proved to me on the basis of satisfactory evidence to be the persons)
whose namejs4 is�a subscribed to the within instrument and acknowledged to me that
4L4sheA4ey executed the same in 4k,�herAh4e4f authorized capacityoes), and that by
#is/her/the" signatureN on the instrument the personN, or the entity upon behalf of which the
personN acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
C. L. HERNANOEZ
Notary Public - California
lib
Los Angeles County
Commission " 2414374
y Comm. Expires Sep 27. 2026
(Seal)
J
Signatur
C. L. Hernandez, Notary Publ'
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 1
County of San Diego j
On 6/28/2024 before me, Nicola Chandler , NotM Public,
personally appeared Wes W. Wright
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person 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.
,o �•>, NICOLA CHANDLER
Notary Public - California
San Diego County
Commission X 2486040
MY Comm. Expires Apr 2, 2028
NOTARY SEAL ABOVE
Description of attached document
Title or type of document:
WITNESS my hand and official seal.
SIGNATURE
A"'� oi�
1010Y1SUFM
Document Date: Number of Pages:
Signer(s) Other than Named