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HomeMy WebLinkAboutWright Construction Engineering Corp - Paradise Creek Mitigation Project at Kimball Way CIP No. 19-35 - 2021OWNER - CONTRACTOR AGREEMENT PARADISE CREEK MITIGATION PROJECT AT KIMBALL WAY, CIP NO. 19-35 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and WRIGHT CONSTRUCTION ENGINEERING CORP ("Contractor"), 2625 South Santa Fe Avenue, San Marcos, CA 92069 on the 7th day of September, 2021, 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 theOwner'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 1 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 of �h., State of Cat f r...i ..I the a do with the laws the State- c..arrrvrrrra, and crrc 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 wl'rerre a person knowingly submits a fake 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. Owner: Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: Charles E. Bell, Jr. City Attorney Contractor: WRIGHT CONSTRUCTION ENGINEERING CORP (Owner/Officer signature) Wesley Wright- President Print name and title (Second officer signature if a corporation) Print name and title Contractor's City Business License No. 995153 - Class "A" State Contractor's License No. and Class 2625 S. Santa Fe Ave.. Business street address San Marcos. CA 92069 City, State and Zip Code CERTIFICATE OF CORPORATE RESOLUTION WRIGHT CONSTRUCTION ENGINEERING CORP. 1, Wesley Wright, President of Wright Construction Engineering Corp., organized and existing under the laws of California and having its principal place of business at 3725 Trieste Dr, Carlsbad, California, hereby certify that the following is a true copy of a resolution adopted by the Board of Directors of the Corporation at a meeting convened and held on July 1, 2014 at which a quorum was present and voting throughout and that such resolution is now in full force and effect and is in accordance with the provisions of the charter and by-laws of the Corporation. RESOLVED: That the President, Wesley Wright, of the Corporation is hereby authorized to sign any contracts or forms on behalf of the Corporation. RESOLVED FURTHER: That the President, Wesley Wright,. is hereby authorized and directed to certify to any interested party that this resolution has been duly adopted, is in full force and effect, and is in accordance with the provisions of the charter and by-laws of the Corporation. I further certify that this Corporation is duly organized and existing, and has the power to take the action called for by the foregoing resolution. DIRECTORS ''- 4` 7.- i _ Zc) / President Date Vice President , Date Secretary Treasurer ` Date Date 7---/ Witness my hand seal of this corporation on this lst day of July, 2014. 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 CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) EXHIBIT B CONTRACT PRICE Bid Results for Paradise Creek Mitigation Project at Kimaball Way (CIP No. 19-35) Item No. Description Unit Qty. Wright Construction Engineering Corp. Base Bid - Civic Center Basement Power Upgrade Project 1 Mobilization/Demobilization LS 1 $65,000.00 $65,000.00 2 Water Quality Control LS 1 $10,000.00 $10,000.00 3 Traffic Control Design and ImpIE LS 1 $5,000.00 $5,000.00 4 Creek Diversion Plan, Dewaterii LS 1 $10,000.00 $10,000.00 5 Grading and Earthwork CY 140 $308.00 $43,120.00 6 Clearing and Grubbing SF 13000 $2.00 $26,000.00 7 Demolition LS 1 $20,000.00 $20,000.00 8 Articulated Concrete Blocks SF 5100 $20.00 $102,000.00 9 6' Wrought Iron Fence and Gat( LF 905 $240.00 $217,200.00 10 8' Retaining Wall CY 154 $733.40 $112,943.60 11 1/4 Ton Rock Riprap CY 42 $335.00 $14,070.00 12 14' Concrete Driveway EA 2 $5,000.00 $10,000.00 13 4" Concrete Access Pad CY 34 $1, 000.00 $34,000.00 14 72" Bar Screen EA 3 $10,000.00 $30,000.00 15 60" Bar Screen EA 3 $7,500.00 $22,500.00 16 Headwall and Storm Drain Pipe LS 1 $12,000.00 $12,000.00 17 Landscaping, planting, and irrig LS 1 $32,000.00 $32,000.00 18 Landscaping, planting, and irrig. MO 12 $1,200.00 $14,400.00 19 Over -Excavation CY 10 $1,000.00 $10,000.00 20 Shotcrete SF 950 $30.00 $28,500.00 Total $818,733.60 1 CORPORATE CERTIFICATE Wesley Wright certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then 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. Wesley Wright certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Wesley Wright , who signed said contract on behalf of the Contractor, was then 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: Executed in Triplicate PERFORMANCE BOND Bond Number: 1001155638 Premium: $14,737.00 Premium is for the contract term and is subject to adjustment based on the final contract price. Bonds effective September 7, 2021 WHEREAS, the City Council of the City of National City, by Resolution No. 2021- on the 7th day of September, 2021, has awarded WRIGHT CONSTRUCTION ENGINEERING CORP, hereinafter designated as the "Principal", the PARADISE CREEK MITIGATION PROJECT AT KIMBALL WAY, CIP NO. 19-35 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 U.S. Specialty Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Eight Hundred Eighteen Thousand, Seven Hundred Thirty -Three and Sixty Cents {$818,733.60). 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 20th day of August , 2021 . U.S. Specialty Insurance Company (SEAL) Wright Constructionh �Engineering Corp (SEAL) . C,(J %-� (SEAL) 'ram -SEAL) Cynthia J. Youn n-Fact (SEAL) - (SEAL) Surety Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT .........._.-.-. ...-.....-.-.-. .....-.........-.-. .•,c.-•,r. •,•,.Hence•,•,.•.•,..+•,•,•,c..M. eu-8,111. •,.. 41.W.', _ II.•,I. ,111.11.•7 i1....1.,1.11. .�_�. �.,'-'_I-Z_.-•_._ _ _, ,.-.7• 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 Bernardino On AUG 2 0 2021 personally appeared ss. before me, 74l \Rebecca Elizabeth Adcock I Mrs. COMMISSION # 2327252 '� NOTARY PUBLIC • CALIFORNIA 4j SAN BERNARDINO COUNTY My Comm. Expires: 3-May-2024 Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Cynthia J. Young Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han OCQQiC OPTIONAL 76,ii official seal. Sitnature of Notary ublic 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- 0 Limited 0 General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: RT THIL MIBIPRiNT Of SIGNIEIR Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California e7-2County of Th On e � -Bi 1 be Date personally appeared {mac' Pk),.;(c- Hre Insert. Name and Title of the Officer' ( \,\ Name(s) of Sign r(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) acted, executed the instrument. ," PATRICIA ROSALES Notary Public • California it`d San Diego County Commission * 2364819 My Comm. Expires Jul 8, 2025 Place Notary Seal Above 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. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document. Document Date: �ZtC Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority NQ 07984 TFIIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, U.S. Specialty Insurance Company of Rout tor , Texas , organized under the taws of Texas , subject to its Articles of Incorporation or other fundamental organizational documents, is herebyauthorired to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, liability, Workers' Compensation, Aivcreft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. 'THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in frill compliance with all, and riot in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and assuth laws and requirements itow are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 2 9 th y of December 2004 I have hereunto set my hand and caused my official seal to be affixed this 29th day of tec.omber 2004 By NOTICE: Qualification with the Secretary of State must be accomplished 89 requited by the ' • :: .. ode pro after is uance of this Cer:%litcatc of Authority, Failurc to do so milt be a violation of Insurance Code Section 701 and grounds for revoking this Certificate or Authority pursuant to the comoncn s made in the application therefor and the condition; contained herein. amendi irsioner ro.M es] 09P ce 30.n i TOKIO MARI N E POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Jay P, Freeman, Laurie B. Druck, Cynthia J. Young, Christina Mountz or Melissa Dawn Schwartz of San Bernardino, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ( ***$3,000,000:00*** ). This Power of Attorney shall expire without further action on April.23"d, 2022, This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15i day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED ST,IA BF SUREToy.G d JPANY VJ ECIAltAYb1 JRANCE COMPANY /M;.....A,��4 J�.�OBq.ifuGs. °g5,....!?F x `� at w�av!anr�•cr State of California 3: Yt y• « o �= �.` ci :m.eci ,,...m�i"�?`-�nr/ Ytl:ai one art , 1 = I 1 , County of Los Angeles �;�� .• �. �> � By: rururQiuM,v Daniel P. Aguilar, Vice President 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 On this 1s1 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signature (seal) SOMA O. CACREI6 z ��4 4ot*ry PuCPk . Ctil[nrroe l it4AngelesCo,m[y cam,i.E,pa,atsaae» { I, Kio Lo, Assistant Secretary : American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. I Wit s Whereof day of4 have here ntp set my [ cHand affixed the seals of said Companies at Los Angeles, California this Corporate Se7.6 Bond No.Oda )(4" �, Agency No. 3501 Kio Lo, Ass i•` Secretary HCCSMANPOA06/2018 visit tmhcc.com/surety for more information Kan't Kopy K1 Security Paper • Hidden Pantooraph • Color Match • Artificial Watermark Ardi-CoPY COM Flub • Erasure Protection • Security Features Box • kiikroprint Protection • Acid Free iten't Kopy Kt :tempt, Paper • • r',fm ViNiarm,!, •••;,t-.-Copy ften't KopyKt Security Paper • Hidden Pantograph • Coior Match • Artificial Watennant • AnliLCopy Coin Rub • Erasure Protection • Smutty Features Box • Micropriol Protection • Acid free • , ' • • • • KarA Kopy Security Paper Hdd- PL,,ucgrapi, • Col or Mc‘Arf.-. IsV `.,1t; Coin b • 6. F6,—,1)1-6•F - Executed in Triplicate PAYMENT BOND Bond Number: 1001155638 Premium included in charge for Performance Bond Bonds effective September 7; 2021 WHEREAS, the City Council of the City of National City, by Resolution No. 2021- on the 7th day of September, 2021 has awarded_WRIGHT CONSTRUCTION ENGINEERING CORP, hereinafter designated as the "Principal", the PARADISE CREEK MITIGATION PROJECT AT KIMBALL WAY, CIP NO. 19-35 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 U.S. Specialty Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Eight Hundred Eighteen Thousand, Seven Hundred Thirty - Three and Sixty Cents ($818,733.601 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 20th day of August , 2021 • U.S. Specialty Insurance Company (SEAL) Wright Construction Engineering Corp(SEAL) �AL) i e% iAL) Cynthia J. Young, Attorney-In-1act(SEAL) Surety (SEAL) Principal 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 San Bernardino On AUG 2 0 2021 before me, personally appeared ss. i„ `°--ie\Rebecca Elizabeth Adcock k_;��� o•- ` ` 40,. NOTARY PUBLIC - CALIFORNIA w .,,," 'SAN BERNARDINO COUNTY 8 II o?� • My Comm. Expires: 3-May-2024 Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary public") Cynthia J. Young Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W TN OPTIONAL S,S my hand n official seal. 9--- b (1)123-- a9coi___ Sigrture of Notary Public 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: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title J Partner -- O Limited O General D Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of L_An n1 V )I before me, V I On Akji,L\-- Date personally appeared c . Vc$ cC N 1 +`tij 'U& Here Insert Name and Title of the Officer 'r CVO" 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) 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. PATRICIA ROSALES Notary Public • California a San Diego County Commission # 2364819 My Comm. Expires Jul 8, 2025 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Publi Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: ACk A4/1( \(`).•)-4f adet "Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority N4 07984 THIS IS TO CERTIFY Tf3AT, Pursuant to the Insurance Code of the State of California, U.S. Specialty Insurance Company of Royston, Texas , organized under the laws of Texas , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: ire Marine, Surety, Disability, Liability, 'Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the fnsurance :Cary$ of the Stare of California, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of arty, of the applicable laws and lats ful requirements made under authority of the laws of the Stare of California as long as such laws or requirements are in effect and applicable, and as such laws and requireoents now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 29 th day,f December 2004 I have hereunto set my hand and caused my official seal to be affixed this 29 th day of Becember 2004 By NOTICE: Qualification with the Secretary cf State must be accomplished as required by the ' • ':.:.. s ode pro fitly after issuance of this Certificate of Authority, Failure to do so wil! he a violation of Insurance Code Section 70l and ► It be grounds for revoking this Certificate of Authority pursuant to the convenan,s made in the application therefor and the conditions contained herein. Ga arnendi Asurance C 1., itsioner op CC 3420 TOKI OMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Laurie B. Druck, Cynthia J. Young, Christina Mountz or Melissa Dawn Schwartz of San Bernardino, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ( ***$3,000,000.00*** ). This Power of Attorney shall expire without further action on April 23ro, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and ail notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018. State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STA ga SURETZ „6`OM,PANY „Ms StICIAL„'�56,+N4+,URANCE COMPANY 3o�µ� �ry �,S. N?.�HC ., o• pf`'......�.., lie a..� "Cq*„4. '�'$...._Rf�" .`• lnsvrenr..'+ d. Al SIAM „ By: Daniel P. Aguilar, Vice President 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 On this 15t day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s. Mmary Dyplk-CaiNarn+a ;� : �' La A eies tory t r icmrrisslu,l2!l9�77 Signature ' �� !' (seal) •'• Mytpmmti::is 2:44;022 . I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. Ictn s Whereof , i7Lday of ave hereun set myaci�nd affixed the seals of said Companies at Los Angeles, California this a(i,�� n�nt,t*n,yd Corporate Sea7 Bond No.r�a//s Agency No. 3501 HCCSMANP0A06@018 visit tmhcc.corn surety for more information Keel Kocy K1 Security Paper • 141drian Pantograph • Csior Match • Artifreial Watermark • Aiiti-Copy Coin Rub • Srasure Protectton • Security Features Box • Mir:repent Noteeeon • Acid Froe ttzet Kopy K1 Security Paw.r Sc:curity Paper Keel Kopy- K1 Security Paper • Hitidel Pantograph • Cuter Match • Artificial Watermark • AntirCony Coin Hob • Erasure POOtaillon • Security Features Rea • Mieroprint Notecliort • Acid Free i-Adclei; Fe:It:A.1mph .111tch d,of Walfrirl e F Keret Koey' K1 PrI • C,-!Gi' • ^c:,1fi1Walcvm,,- ., - stf Flow.010: