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HomeMy WebLinkAboutA. Vidovich Construction, Inc. - Storm Water Pump Station Enhancements Project - 2025OWNER - CONTRACTOR AGREEMENT STORM WATER PUMP STATION ENHANCEMENTS, CIP NO. 25-11 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and A. Vidovich Construction, Inc. ("Contractor"), 15786 Miss Ellie Lane, Lakeside, CA 92040, on the 2"a day of December, 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: (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: A.Vidovich Construction, Inc. j dro Hernandez (Own r/Officer signature) Acting Cit nager,City of National City August L.Vidovich-President Print name and title APPROVED AS TO FORM: A14494&IL (Secd9d officer signature if a corporation) By: August L.Vidovich-Owner Barry J.Schultz Print name and title City Attorney 09054707 Contractors City Business License No. 469949 A,B,C-8 State Contractor's License No.and Class 15786 Miss Ellie Ln. Business street address Lakeside,California 92040 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. PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF ) On this day of 20 before e, the undersigned, a Notary Public in and for said County and State, personally appe ed: z(NotarySeal) known to me to be of the partners of the partnership that/execed the within instrument, and acknowledged to me that such partnership exece same. Signature: Name (Type Print): (Notary Public in and for said County and State) My Co ission expires: CORPORATE CERTIFICATE I,_August L.Vidovich certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that_August L. Vidovich , who signed said contract on behalf of the Contractor,was then A. Vidovich Company Inc. 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. I,_August L. Vidovich certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that_August L. Vidovich who signed said contract on behalf of the Contractor, was then A.Vidovich Company Inc. 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: Bond Number: 101600577 Premium:$3,775.00 Premium based on final contract PERFORMANCE BOND price is subject to audit WHEREAS,the City Manager of the City of National City, on the 5th day of November, 2025, has awarded A. Vidovich Construction, Inc., hereinafter designated as the "Principal", the STORM WATER PUMP STATION ENHANCEMENTS PROJECT, CIP No. 25-11. 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 Merchants Bonding Company(Mutual) as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Eighty-Four Thousand, Nine Hundred Eighty Dollars ($184 980.00) 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 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 loth day of November 2025 Merchants Bonding Company(Mutual) (SEAL) A.Vidovich Const cti n,Inc. (SEAL) (SEAL) (SEAL) Rebecca Brannan,Attorney in fact (SEAL) (SEAL.) Surety Principal PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY TE OF ) ss COUNTY ) On this da of 20 before me, the undersigned, a Notary Public in and said County and State, personally appeared known to me to be the person whose name is subscribed to "ithin instrument as the attorney-in-fact of the the corporation named as Surety in said instrument, and acknowledged to me t he subscribed the name of said corporation thereto as Surety, and his own name as atto ey-in-fa ct. NOTE: Signature of those executing for NOTE: The Attorney- -fact must attach a Surety must be properly certified copy of e Power of acknowledged. Attorney. Signature: SEE ATTACHED ACKNOWLEDGEMENT Name (Type or Print): Notary Public in and for said County and State My Commission expires: MERCHANT BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Cyndi Beilman;Jamie Magnussen;Rebecca Brannan their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14,2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015 and amended on April 27,2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 25th day of February 2025 .••'"'�""'•., .......•. MERCHANTS BONDING COMPANY(MUTUAL) • 3101V •. . • �0\NG COMA• MERCHANTS NATIONAL BONDING,INC. �y �0(�LPO/P4': �O�DAPOgq�9Z� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY :2:2 -O- G•:p: �COD:__ o_ in• ��; y 1933 2003 By c CV •'�'•. .•'�•• •• �• .•�1 •'STATE OF IOWA President•••� .••• �•• •' COUNTY OF DALLAS ss. •��"""•••• ••�' On this 25th day of February 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. A,PR'aj s Penni Miller .� Z 4 . • Commission Number 787952 - • My Commission Expires lawp. January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of November 2025 �. .�� F .o• U( �POR O ,q�e� � 09q��yA� al 2003 1933 'C' Secretary PGA 0018 (6/24) "'."''•••• ••• •••• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On NOV 1 0 "COS before me, Pam Davis Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Rebecca Brannan Name(s)of Signer(s) 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) PAM DAVIS acted, executed the instrument. Notary Public•California = = San Diego County I certify under PENALTY OF PERJURY under the laws of Commission#2519464 •�{�'' My Comm.Expires Jun f,2029 the State of California that the foregoing paragraph is true and correct. Witness my hand a fficial seal. Signature _ Li4_,WL4� Place Notary Seal Above Signature of Notary Public OPTIONAL 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above. Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General 54 Attorney in Fact •-- ❑ Attorney in FactRIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Bond'dumber: 101600577 Premium:Included in performance bond Premium based on final contract price is subject to audit PAYMENT BOND WHEREAS,the City Manager of the City of National City, on the 5tn day of November, 2025, has awarded A. Vidovich Construction, Inc., hereinafter designated as the "Principal", the STORM WATER PUMP STATION ENHANCEMENTS PROJECT, CIP No. 25-11. 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 Merchants Bonding Company(Mutual) as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Eighty-Four Thousand, Nine Hundred Eighty Dollars ($184,980.00) lawful money ofthe United States, forthe 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 ecuted by the Principal and Surety above named, on the loth day of Vovc e 2025 Merchants Bonding Company(Mutual) (SEAL) A.Vidovich Construct' n, c. (SEAL) (SEAL) lei (SEAL) Rebecca Brannan,Attorney in fact (SEAL) (SEAL) Surety Principal ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE ) ss COUNTY OF ) On this day of 20 before me, the undersigned, a Notary Public in and for id County and State, personally appeared known to me to be the person whose name is subscribed to the within trument as the attorney-in-fact of the the corporation named as Surety in said instrument, and acknowledged to me that subscribed the name of said corporation thereto as Surety, and his own name as attorney -fact. NOTE: Signature of those executing for NOTE: The Attorney-in- t must attach a Surety must be properly certified copy of t Power of acknowledged. Attorney. Signature: SEE ATTACHED ACKNOWLEDGEMENT Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Cyndi Beilman;Jamie Magnussen;Rebecca Brannan their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14, 2015 and April 27,2024 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015 and amended on April 27,2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 25th day of February 2025 .••��\ON.q +'•. Be••(�` ••••. MERCHANTS BONDING COMPANY(MUTUAL) 0\N.•.00/Jj•. MERCHANTS NATIONAL BONDING, INC. �y�pKPORq•�0,: :mO�pPPORgA9=� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 �ii; :y 1933 By • ••d•� •:'���• •••6��••�.• • . STATE OF IOWA '+� ••` •. .• 11.- President COUNTY OF DALLAS ss. ',-Boost" �� •••�' On this 25th day of February 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tiP��At 3� Penni Miller Z Commission Number 787952 • • My Commission Expires IOWA, January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of November 2025 .S.'s.......1. ........0 �Et01?4` Oo Off. RPOA '0 P 9'• �Y -o- �: :�:_ -o- :—* a00061rb =_ &400o� o 1933 �'c; Secretary a. .J41• POA 0018 (6/24) ........ •• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On NON 10 `cis before me, Pam Davis Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Rebecca Brannan Name(s)of Signer(s) 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) !��,E� ,� PA,M DAVIS acted, executed the instrument. Notary Pebiic•California San Diego County I certify under PENALTY OF PERJURY under the laws of Commission#2519464 the State of California that the foregoing paragraph is true <= My Comm.Expires Jun 1,2029 and correct. Witness my hand and o icial seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General [� Attorney in Fact ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: EXHIBIT B CONTRACT PRICE No. Item Unit Qty Unit Price Amount Base Bid 1 Mobilization/Demobilization LS 1 12,300.00 12,300.00 2 Traffic Control LS 1 50,880.00 50,880.00 Storm Water Pump Station Controls 3 Enhancements LS 1 106,800.00 106,800.00 Subtotal 169,980.00 Allowance Allowance for Traffic Control Night Work 4 (if Required by Caltrans) Day 10 1,500.00 15,000.00 Subtotal 15,000.00 Total: 184,980.00