HomeMy WebLinkAboutNational Electric Works Incorporated - Arts Workshop Building Renovation - CIP 25-16 Agreement -o} CALIFORNIA --<+-
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INCORPORATED
Project: Arts Building Woodshop Renovation CIP 25-16
Construction Costs: $51,875.85
In accordance with the municipal code, we will obtain bids from at least three vendors for this
project and award the contract to the vendor providing the best value to the city.
NC Municipal Code, Chapter 2.62—Alternative Bid Procedures for Public Projects
Less than Informal Bid Procedure
City engineer and purchasing agent authority.
a) Public projects up to twenty-five thousand dollars or less may be awarded by the city
engineer.
b) Public projects of$75,000 or less may be awarded by the purchasing agent.
If the public project of$75,000 or less is being performed by negotiated contract or purchase
order, the city engineer, or designee, may make reasonable efforts to contact and obtain bids
from at least three vendors and award to the contractor providing the best value to the city.
OWNER - CONTRACTOR AGREEMENT
ARTS BUILDING WOODSHOP RENOVATION CIP 25-16
This Owner-Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and National
Electric Works Incorporated ("Contractor41KJ%*
4440 Rainier Avenue, Suite 101, San Diego,
CA 92120, on the day of 2025, for the construction of the
above referenced Project.
In consideration of the mutual covenants and agreements set forth herein, the Owner and
Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and
equipment necessary to construct and complete the Project in a turn-key manner in
accordance with this Agreement and all documents and plans referenced in Exhibit "A",
(hereinafter "Contract Documents"), in compliance with all relevant Federal, State of
California, County of San Diego and City of National City codes and regulations, and to
the satisfaction of the Owner.
2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for
constructing the project in accordance with these Contract Documents in an amount not to
exceed the contract price as set forth in Exhibit`B"attached hereto and incorporated herein
by reference. Payments to the Contractor shall be made in the manner described in the
Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in
every detail to a complete and turn-key fashion to the satisfaction of the Owner within the
specified duration set forth in the Special Provisions.
4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or
employ any qualified person, or bar or discharge from employment any person, or
discriminate against any person, with respect to such person's compensation, terms,
conditions or privileges of employment because of such person's race,religious status, 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 of all
Work performed in connection with this Agreement.
6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code,which requires every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code,and I will comply with such provisions before commencing
the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the
requirements 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 worker's compensation or to
undertake self-insurance in accordance with the provisions of that Code, and I will
comply with such provisions before commencing the performance of the Work of
this Agreement."
7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the
Contractor with respect to the Work. In the event of conflict between the terms of this
Agreement and the bid of the Contractor, then this Agreement shall control and nothing
herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting
records and other evidence pertaining to costs incurred and shall make such materials
available at its office at all reasonable times during the term of this Agreement and for three
(3) years from the date of final payment under this Agreement, for inspection by Owner
and copies thereof shall be furnished to Owner if requested.
9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement,Contractor shall be an independent contractor
and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall
have the right to control Contractor insofar as the results of Contractor'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
Contractor represents and declares to Owner that it has all licenses, permits, qualifications
and approvals of whatever nature which are legally required to practice its profession.
Contractor represents and warrants to Owner that Contractor shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement, any licenses,permits,
qualifications or approvals which are legally required for Contractor to practice its
profession.
11. GOVERNING LAW,VENUE
This Agreement and the Contract Documents shall be construed under and in accordance
with the laws of the State of California, and the appropriate venue for any action or
proceeding arising from this Agreement and/or the Contract 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 that if a false claim is submitted to the Owner, it may be
considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that the False Claims Act, California Government Code sections 12650, et
seq.,provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include within their scope false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information. In the event the Owner seeks to recover penalties pursuant to the False Claims
Act,it is entitled to recover its litigation costs,including attorneys' fees. Contractor hereby
acknowledges that the filing of a false claim may the Contractor to an administrative
debarment proceeding wherein Contractor may be prevented from further bidding on
public contracts for a period of up to five (5)years.
I have read and understood all of the
provisions of this Section 13, above:
n
(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: Contractor:
N io 1 lectri orks Incorporated
Sco t W. Huth
Interim City Manager, City of National City (Owner/Officer signature)
Approved as to form: Clint Morgan.President
e-�— 44�1 Print name and title
Barry J. Sch tz
City Attorney, City of National City
(Second office signature i corporation)
Travis Morgan,Vice President
Print name and title
09048825
Contractor's City Business License No.
591191 C-10
State Contractor's License No.and Class
4440 Rainier Ave,Suite 101
Business street address
San Diego,CA 92120
City,State and Zip Code
EXHIBIT A
CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements
(Greenbook)
State Standard Specifications
State Standard Plans
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
Specifications, standards 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 B
CAL-i ORNj11A �
C�ORPORATEI�
Engineering& Public Works Department
ARTS Building Woodshop Renovation CIP 25-16
Bid Opening Date:9/11/2025
Bid Items
Item Num Unit Quantity Description Unit Price Line Total
Provide Lump Sum cost for the $51 ,875.85 $51 ,875.85
required items as described in the
1 LS 1 Plans and Contract Documents.
Total $51,875.85
CORPORATE CERTIFICATE
1, Travis Morgan certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
Travis Morgan , who signed said contract on behalf of the
Contractor, was then Vice 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.
1, Travis Morgan certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
Clint Morgan , who signed said contract on behalf of the
Contractor, was then Presdient 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:
PARTNERSHIP CERTIFICATE
STATE OF )
ss
COUNTY OF )
On this day of , 20 , before me, t e undersigned, a Notary
Public in and for said County and State, personally appeared:
( otary Seal)
known to me to be of the partners of the
partnership that executed th within instrument, and acknowledged to me that such
partnership executed the sa e.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission pires:
*Issued in Duplicate Bond No. 30237666
Premium Included in the
Cost of the Performance Bond
PAYMENT BOND
WHEREAS, the City Manager of the City of National City, on the &` day of
, 20 has awarded National Electric Works, Inc. , hereinafter
designated as the "Principal", the ARTS BUILDING WOODSHOP RENOVATION CIP c5-16.
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 Western Surety Company
as surety, are held and firmly bound unto the City of National City, hereinafter called the
"City", in the penal sum of (Fifty-one Thousand Eight Hundred Seventy-five and eighty-
five hundredths ($51,875.85) dollars 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 inure 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 7th day of October , 20 25 .
W st rn Svrelg Company �ion=Elorks
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By: (SEAL) S (SEAL)
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Title: Jonathan Batin, Attorney-in-Fact (SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On 10/8/2025 before me, Sherry Pascua, Notary Public
(insert name and title of the officer)
personally appeared Travis Morgan
who proved to me on the basis of satisfactory evidence to be the so�hose nam i arm
4�erson
cri d to the within instrument an acknowled d to a th h sJ�effWexecuted the same in
r/�authorized capacity i and that b hipsi aturef*on the instrument the
(.!or the entity upon behalf of which the person*lacted, 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 m hand and official seal. *My
SHERRY Public
PASCUA
y Notary Public•California
San Diego CountyCommission x 2407445
Comm.Expires Jun 8,2026
Signature JCL (Seal)
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 Orange j
On OCT 0 7 2025 , before me, Zyanya Q. Hernandez , Notary Public,
personally appeared Jonathan Batin
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.
ZYANYA Q.HERNANDEZ
Notary Public-California
Orange County
Commission 2497409
WITNESS my hand and official seal.
`''"•`"` mm.Expires
Aug 1212,2026
My Ca
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 document:
Document Date: Number of Pages:
Signer(s) Other than Named Above:
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its
principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint
Jennifer Anaya, Erik Johansson, Melissa Lopez, Joaquin Perez, Christina Rogers, Albert Melendez, Jonathan Batin,
Vanessa Ramirez,Zyanya Hernandez,Jessica Garcia,Individually
of Tustin,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings
and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,
pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page,duly
adopted,as indicated,by the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on
this 16th day of September,2025.
...�"wc WESTERN SURETY COMPANY
SURE TY'••,,
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State of South Dakota Larry Kasten,Vice President
L
County of Minnehaha
J ss
On this 16th day of September,2025,before me personally came Larry Kasten,to me known,who,being by me duly sworn,did depose and say: that he resides in
the City of Sioux Falls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;
that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board
of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation.
My commission expires M.BENT
± SEAL NOTARY PUBLIC
March 2,2026 iSOUTH DAKOTA S L �.
M.Bent,Notary Public
CERTIFICATE
I,Paula Kolsrud,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and
further certify that the By-Laws and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof 1 have hereunto subscribed my
name and affixed the seal of the said corporation this 7th day of October,2025
iM`S�yEtl,,,y`
":0., o Sor. WESTERN SURETY COMPANY
9,9
`''•., ti'p Paula Kolsrud,Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.
Section T All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corporate name of the Company by
the President,Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any
Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or
undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten,Vice President,who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of
Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the
following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27'day of April,2022:
"RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and
confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company."
Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity.
Forth F4280.6-2023
c/VaSURETY
Digital Seal Authority and Enforceability
This communication is being provided on behalf of all CNA Surety companies,including Western Surety
Company, Continental Casualty Company, The Continental Insurance Company, American Casualty
Company of Reading, Pennsylvania, and National Fire Insurance Company of Hartford (collectively and
individually referred to as"CNA Surety").
The use of an electronic image of the corporate seal of any CNA Surety company(the"Digital Seal")and
the attachment of the Digital Seal to any surety bond issued by a CNA Surety company is authorized. Each CNA
Surety company acknowledges and agrees that the Digital Seal may be affixed to any CNA Surety bond and relied
upon to the same extent as if a raised corporate seal were physically 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 delivery of a tangible original of the notice with my original"wet"signature.
In Witness Whereof,this has been executed by the Vice President and Surety General Counsel for each of
the CNA Surety companies.
Dated this 31"day of March,2020.
Rosemary Quinn
Vice President and Surety General Counsel on behalf of
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���P�CASUAQ,O t�QE INSUR4
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1897 HARTF
Continental Casualty Company National Fire Insurance Company of Hartford
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JULY 11,
1902 �
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American Casualty Company of Reading,Pennsylvania
"Issued in Duplicate Bond No. 30237666
Premium: $623.00
Subject to Change Based
on the Final Contract Price
PERFORMANCE BOND
WHEREAS,the City Manager of the City of National City, on thebday of 0 ,
20211�,has awarded to NATIONAL ELECTRIC WORKS,Inc, hereinafter designated as the
"Principal", the ARTS BUILDING WOODSHOP RENOVATION CIP 25-16
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
Western Surety Company as surety, are held and firmly
bound unto the City of National City, hereinafter called the "City", in the penal sum of
(Fifty-one Thousand Eight Hundred Seventy-five and eighty-five hundredths
($51,875.85) dollars 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 by the 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 7th day of October 20 25
We per ! ty ompany National E e orks
By: (SEAL) / (SEAL)
Title: Jonathan Batin, Attorney-in-Fact (SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
X)RETrs
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On
10/8/2025 before me, Sherry Pascua, Notary Public
(insert name and title of the officer)
personally appeared Travis Morgan
who proved to me on the basis of satisfactory evidence to be the p rson�whose name/gr�
s scribed to the within instrument and acknowle d to me that�si�CG+ey executed the same in
i hrtir authorized capacitySjf, and that by hi �peir signature(,s�on the instrument the
erson K, or the entity upon behalf of which the person 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. SHERRY SMILEY Pascua
Notary Pubtic•California
' San Diego Cocnry
Commission A 2407445
µy Comm.Expires Jun 8,2026 r
Signature �"`� CJ`� (Seal)
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 OCT 0 7 2025 , before me, Zyanya Q. Hernandez , Notary Public,
personally appeared Jonathan Batin
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.
ZYANYA Q.HERNANDEZ
90my
Notary Public.California
OranioCountyWITNESS m hand and official seal.
Commission q 2497409 y Comm.Expires Aug 12,2028
SIGNATURE 1,4'f2 M Id if
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 document:
Document Date: Number of Pages:
Signer(s) Other than Named Above:
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its
principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue ofthe signature and seal herein affixed hereby make,constitute and appoint
Jennifer Anaya, Erik Johansson, Melissa Lopez, Joaquin Perez, Christina Rogers, Albert Melendez, Jonathan Batin,
Vanessa Ramirez,Zyanya Hernandez,Jessica Garcia,Individually
of Tustin,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings
and other obligatory instruments of similar nature
-In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,
pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page,duly
adopted,as indicated,by the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on
this 16th day of September,2025.
gr"VgpRETj"'".
��:.....-•• ...:�o,; WESTERN SURETY COMPANY
ORgr,�o
f
State of South Dakota Larry Kasten,Vice President
County of Minnehaha ss
On this 16th day of September,2025,before me personally came Larry Kasten,to me known,who,being by me duly sworn,did depose and say: that he resides in
the City of Sioux Falls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;
that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board
of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation.
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CERTIFICATE M.Bent,Notary Public
I,Paula Kolsrud,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and
further certify that the By-Laws and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my
name and affixed the seal of the said corporation this 7th day of October,2025
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H'pp�XP Paula Kolsrud,Assistant Secretary
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Authorizing By-Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.
Section 7. All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corporate name of the Company by
the President,Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any
Vice President, Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or
undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten,Vice President,who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of
Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the
following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27'day of April,2022:
"RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and
confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company."
Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity.
Forth F4280.6-2023
CNASURETY
Digital Seal Authority and Enforceability
This communication is being provided on behalf of all CNA Surety companies,including Western Surety
Company, Continental Casualty Company, The Continental Insurance Company, American Casualty
Company of Reading, Pennsylvania, and National Fire Insurance Company of Hartford (collectively and
individually referred to as"CNA Surety").
The use of an electronic image of the corporate seal of any CNA Surety company(the"Digital Seal")and
the attachment of the Digital Seal to any surety bond issued by a CNA Surety company is authorized. Each CNA
Surety company acknowledges and agrees that the Digital Seal may be affixed to any CNA Surety bond and relied
upon to the same extent as if a raised corporate seal were physically 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 delivery of a tangible original of the notice with my original"wet"signature.
In Witness Whereof,this has been executed by the Vice President and Surety General Counsel for each of
the CNA Surety companies.
Dated this 31 11 day of March,2020.
Rosemary Quinn
Vice President and Surety General Counsel on behalf of
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Western Surety Company The Continental Insurance Company
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American Casualty Company of Reading,Pennsylvania