HomeMy WebLinkAboutIn the Dirt Engineering - E. 20th Street Storm Drain Project - 2026OWNER - CONTRACTOR AGREEMENT
E. 20TH STREET STORM DRAIN, CIP NO. 25-06
This Owner -Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and In The Dirt
Engineering ("Contractor"), 1435 Lila Road, Ramona, CA 92065, on the 20th daV of
January, 2026, 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.
S. 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 15, 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.
O -7
7,4,0
Ron Morrison
Mayor, City of National City
Attest:
Richard Romero
Acting City Attorney, City of National City
Contractor:
(Owner/Officer signature)
Carl Brown. President
Print name and title
(Second officer signa ti a corporation)
Rita Ortez, Secretary
Print name and title
Contractors City Business License No.
1087155
State Contractors License No. and Class
1435 Lilac RD
Business street address
Ramona, CA 92065
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.
[::4;If 111r-?
CONTRACT PRICE
No.
Item Description
Unit
Quantity
Unit Price
Line Total
1
Mobilization/Demobilization
LS
1
$20,000.00
$20,000.00
2
Demolition
LS
1
$7,000.00
$7,000.00
3
Traffic and Pedestrian Control
LS
1
$28,000.00
$28,000.00
4
SWPPP, Water Quality Control
LS
1
$2,500.00
$2,500.00
5
Surveying
LS
1
$7,500.00
$7,500.00
6
Protection and Restoration of Existing Improvements
LS
1
$10,000.00
$10,000.00
7
Storm Drain Cleanout, Type A-4 (RSD D-09)
EA
2
$10,500.00
$21,000.00
8
Storm Drain Inlet, Type B (RSD D-02)
EA
2
$8,500.00
$17,000.00
9
18" RCP Storm Drain (D-2000)
LF
28
$546.00
$15,288.00
10
24" RCP Storm Drain (D-1350)
LF
356
$350.00
$124,600.00
11
AC Trench Restoration
SF
2300
$30.00
$69,000.00
12
PCC Sidewalk
SF
250
$30.00
$7,500.00
13
6"PCC Curb and Gutter
LF
50
$100.00
$5,000.00
14
Abandon Exiting 12"RCP
LS
1
$5,000.00
$5,000.00
Subtotal
$339,388.00
Total
$339,388.00
Rita Ortez
CORPORATE CERTIFICATE
certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
Carl Brown , 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.
I, Rita Ortez certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
Carl Brown , 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:
PARTNERSHIP CERTIFICATE
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:
(Notary Seal)
known to me to be of the partners of the
partnership that executed the within instrument, and acknowledged to me that such
partnership executed the same.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
Executed in Triplicate Bond Number:78035
Premium: $8,485.00
Premium based on final contract price is subject to
audit
PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No.
passed the 201th day of January, 2026 has awarded In The Dirt
Engineering, hereinafter designated as the "Principal", the E. 20TH STREET STORM DRAIN
PROJECT, CIP NO.25-06
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 National Mutual Insurance Company as surety, are held and firmly
bound unto the City Council of the City of National City hereinafter called the "Council",
in the penal sum of Three hundred thirty-nine thousand, three hundred eighty-eight
dollars ($339,388.00) 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, the City Council, their officers, agents, and
employees, 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 of National City and judgment is
recovered, the surety shall pay all costs incurred by the Council 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 15th day of December , 20 25 .
Western National Mutual Insurance Company (SEAL) In The Dirt Engineering, I . (SEAL)
(SEAL)
Cyndi Beilman, Attorney -in -Fact (SEAL) ( -c , �(`c°�,� �Pn SEAL;
Surety Principal
STAn OF
COUNTY
PERFORMANCE BOND
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
On this
Public in and
) ss
of , 20 , before me, the undersigned, a Notary
for said County and State, personally appeared
known to me to be the person
whose name is subscribed othe within instrument as the attorney -in -fact of the
, the corporation named as Surety
in said instrument, and acknowled d to me that he subscribed the name of said
corporation thereto as Surety, and his ow name as attorney -in -fact.
NOTE: Signature of those executing for NO : The Attorney -in -fact must attach a
Surety must be properly ertified copy of the Power of
acknowledged. Att ey.
Signature:
Name (Type or Print):
Notary Public in and for said County and State
My Commission expires: see attached
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
On December 15, 2025 before me,
Date
Jamie Magnussen , Notary Public,
Insert Name of Notary exactly as it appears on the official seal
personally appeared Cyndi Beilman
Name(s) of Signer(s)
*my
JAMIE MAGNUSSEN�Notary Public - CaliforniaSan Diego County
Commission # 2517158
Comm. Expires Apr 13, 2029
Place Notary Seal Above
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
the State of California that the foregoing paragraph is true
and correct.
Witness mVhan and officialseeal.
Signatureof 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):_
❑ Partner ❑ Limited ❑ General
56 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
W
WESTERN NATIONAL
Tfie rekfiauhip mnpony
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual
insurance company, does make, constitute, and appoint: Cyndi Beilman, Rebecca Brannan, Jamie Magnussen
SURETY ASSOC OF SO CAL INS (009972)
Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the
seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than
bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or
black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 Dollars ($7,500,000.00) for any
single obligation, regardless of the number of instruments issued for the obligation.
and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This
Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of
Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for
and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and
suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney
previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any
secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and
sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of
the authority evidenced by the Power of Attorney issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile 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 affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and
its corporate seal to be affixed this 16th day of December , 2020.
Jon R. Hebeisen, Secretary
STATE OF MINNESOTA, COUNTY OF HENNEPIN
�!i��te.vl� f • V
Mark S. Hewitt, Vice President, Surety
On this 16th day of December, 2020, personally came before me, Jon R. Hebeisen and Mark Mark S. Hewitt and to me known to be
the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each
acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
JENNIFER A. YOUNG
NOTARY PUBLIC 44, ' "
MINNESOTA ((��
::.;•� My Commission Expires 01r3112026 Jennifer A. Young, Notary Public
My commission expires January 31, 2026
CERTIFICATE
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing
and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set
forth in the Power of Attorney, are now in force.
. •'NAL.MUT'y.
?P. 4VµCy��GT
�� 0 SEAL-y
:r?�j�flCt P,2
15th December 2025
Signed and sealed at the City of Edina, MN this day of Jennifer Young, Assistant Secretary
Executed in Triplicate Bond Number:78035
Premium: Included in Performance Bond
Premium based on final contract price is
subject to audit
PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No.
, passed the 20th day of January, 2026 has awarded In The Dirt
Engineering, hereinafter designated as the "Principal", the E. 20TH STREET STORM DRAIN
PROJECT, CIP NO. 25-06
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 National Mutual Insurance Company
as surety, are held and firmly bound unto the City Council of the City of National City,
hereinafter called the "Council", in the penal sum of Three hundred thirty-nine thousand,
three hundred eighty-eight dollars ($339,388.00) 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 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 15th day of December , 2025
Western National Mutual Insurance Company (SEAL)
(SEAL)
Cyndi Beilman, Attorney -in -Fact (SEAL)
In The Dirt Engineering, Inc. (SEAL)
(SEAL)
&,ACNA- (SEAL)
J
Surety Principal
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
COUNTY 0
On this day of
Notary Public in d for
whose name is subscribed t
) ss
, 20 , before me, the undersigned, a
said County and State, personally appeared
known to me to be the person
the within instrument as the attorney -in -fact of the
the corporation named as Surety
in said instrument, and acknowledg to me that he subscribed the name of said
corporation thereto as Surety, and his ow ame as attorney -in -fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
Signature:
Name (Type or Print):
The Attorney -in -fact must attach a
ertified copy of the Power of
At rnev.
(Notary Public in and for said County and State)
My Commission expires: see attached
ATTACH ALL BONDS
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 December 15, 2025 before me, Jamie Magnussen Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Cyndi Beilman
Name(s) of Signer(s)
`rti JAMIE MAGNUSSEN
Notary Public - California
W San Diego County
Commission # 2517158
1�, M
My Comm. Expires Apr 13, 2019
Place Notary Seal Above
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
the State of California that the foregoing paragraph is true
and correct.
Witness my han nd official seal.
Signature
Si at re 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):_
❑ Partner ❑ Limited ❑ General
56 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
W
WESTERN NATIONAL
wa.urr. *ce
7fie raMiondtp �Pa+Y
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual
insurance company, does make, constitute, and appoint: Cyndi Beilman, Rebecca Brannan, Jamie Magnussen
SURETY ASSOC OF SO CAL INS (009972)
Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the
seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than
bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or
black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 Dollars ($7,500,000.00) for any
single obligation, regardless of the number of instruments issued for the obligation.
and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This
Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of
Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for
and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and
suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney
previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any
secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and
sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of
the authority evidenced by the Power of Attorney issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile 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 affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and
its corporate seal to be affixed this 16th day of December , 2020.
............
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Jon R. Hebeisen, Secretary
STATE OF MINNESOTA, COUNTY of HENNEPIN
Mark S. Hewitt, Vice President, Surety
On this 16th day of December, 2020, personally came before me, Jon R. Hebeisen and Mark Mark S. Hewitt and to me known to be
the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each
acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
JENNIFER A. YOUNG
NOTARY PUBLIC
MINNESOTA
;..+ MyCommission Expires 0113112026 Jennifer A. Young, Notary Public
My commission expires January 31, 2026
CERTIFICATE
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing
and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set
forth in the Power of Attorney, are now in force.
.•ONP�•M�T`'•
j2P•C� uo`.°O Wig � '.
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15th December 2025Jennifer
Signed and sealed at the City of Edina, MN this day of Young, Assistant ecre,ary
RESOLUTION NO. 2026 - 03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
1) AWARDING A CONTRACT TO IN THE DIRT ENGINEERING IN THE NOT -TO -EXCEED
AMOUNT OF $339,388 FOR THE E. 20TH STREET STORM DRAIN PROJECT, CIP NO.
25-06; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $50,908 FOR ANY
UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT.
WHEREAS, the E. 20th Street Storm Drain Project, CIP No. 25-06 (the "Project"),
located on E. 20th Street between Granger Avenue and Van Ness Avenue, will replace
approximately 356 feet of 12-inch reinforced concrete pipe ("RCP") on E. 20th Street with 24-
inch RCP, in addition to other system improvements, with a primary objective of increasing
system capacity; and
WHEREAS, on November 4, 2025, the bid solicitation for the Project was posted on
PlanetBids, a free public electronic bidding system for contractors; and
WHEREAS, on November 13th and November 20th, 2025, the bid solicitation was
advertised in the local newspaper; and
WHEREAS, on December 5, 2025, thirteen (13) bids were received by the 5:00 p.m.
deadline; and
WHEREAS, upon review of all documents submitted, In The Dirt Engineering's bid in
the total bid amount of $339,388 was deemed responsive and they are the lowest responsible
bidder qualified to perform the work as described in the Project specifications; and
WHEREAS, City staff recommends 1) awarding a contract to In The Dirt Engineering
in the not -to -exceed amount of $339,388 for the E. 201h Street Storm Drain Project, CIP No.
25-06; 2) authorizing a 15% contingency in the amount of $50,908 for any unforeseen
changes; and 3) authorizing the Mayor to execute the contract.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to execute the contract
with In The Dirt Engineering in the not -to -exceed amount of $339,388 for the E. 201h Street
Storm Drain Project, CIP No, 25-06.
Section 2: That the City Council hereby authorizes a 15% contingency in the amount
of $50,908 for any unforeseen changes.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 20th day of January, 2026
Ason, Mayor
ATTEST:
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Shelley pel, MMC, City Clerk
APPROVED AS TO FORM:
Richard E. Romero, Acting City Attorney
Passed and adopted by the City Council of the City of National City, California, on
January 20, 2026 by the following roll -call vote, to -wit:
Ayes: Bush, Rodriguez, Yamane, Molina, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the City of National City, California
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BY:
Shelley Ch p I, MMC, City Clerk
1