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HomeMy WebLinkAboutWright Construction Engineering Corp - Paradise Creek Water Quality and Community Enhancement Project Phase II CIP No. 19-11 - 2023OWNER a CONTRACTOR AGREEMENT PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENT PROJECT PH. 11 C1P N.1 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 Wright Construction Engineering Corp, ("Contractor"), 2625 S Santa Fe Ave, San Marcos, California 92069, on the 1st day of Au ust 2023, 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 SpecialProvisions. 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. 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 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." 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. 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 forthree (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. 1. 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 andor 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 thi ction 15, above: A/4,7i (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above, Owner: Ron Morrison Mayor, City of National City APPROVED AS TO FORM: cidt By: Barry Schultz City Attorney Contractor: Wright Construction Engineering Corp 1(.; (Owner/Officer signature) Wesley Wright - President Print name and title (Second officer signature if a corporation) Print name and title 090 9155 Contractor's City Business License No. 995153 - Class A" State Contractor's License No. and Class 2625 S Santa Fe Ave.5 Business street address San Marcos, CA 92069 City, State and Zip Code CERTIFICATE OF CORPORATE RESOLUTION WRIGHT CONSTRUCTION ENGINEERING CORP. I, Wesley Wright, President of 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 IVer President Vice President Secretary ram` /7/:-..); Date _ Date ..� - Date Treasurer Date Witness my hand seal of this corporation on this 1st day of July, 2014. EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans 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 WITS, BASF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE No4 Itt.mDecript1�Unit Unit Price Line Total Base Bid 1 Mobilization/Demobilization LS 270,000.00 270}000.00 2 Storm Water Pollution Prevention Plan LS 1 15,000.00 150000.00 3 Traffic and Pedestrian Control Design and Implementation LS 1 50,000.00 50,000.00T Creek Diversion Plan, Dewaterirtg, Discharge and Disposal L5 1 50,000,00 50,000.00 5 Clearing and Grubbing l5 1 125,000.00 1 5,000.00 Trec Removal 5 5.000.00 25,000.00 7 Grading and Earthwork 3500 35.00 122,5.+ 8 Export - Kalil Off s ite 3000 35.00 [ 105,0110.00 Import Structural l3ackf ill ' 30 120.00 36,000.00 10 Unsuitable Suh+grade CY 300 100.00 30,000.00 11 Sbeet, Shoring, and Bracir g LS 1 40,000.00 40,000.00 12 Drainage System 1 LS Off, 0.00 40,000.00 13 Drainage System 2 1 5,+. 35,000.00 14 1=1' i ra0 Marertal —C " 1 1 2- 0.. 15 #2 Backing Riprap Material S4 i �.50.00 81,i 00.01 16 12' Cor crete Drivewa r 3,5�00.00 7,000.00 17 Repair Wall (East End of te Channel at Paradise Valley Rd. - -- 1 20,000.00 20,000.00 18 Sidewalk (SDRSD G-07) SF 1100 12.50 13,750.00 19 Curb and Gutter (SDRSD •02) LE 200 100.00 20,000.00 20 SADA Curb Ramps (SDRSD G-28 and G-29) CA 2 7,500.00 15,C00.00 21 Culvert Headwalls Type A (Caltrans D84) EA 45,000.00 180t000.00 2_2 10' x 5' Reinforced Concrete Box (Caltrans D83A) LI^ 350 1,950.00 682,500.00 23 Modify Inlet to Drain and Add Curb Inlet Type C with Grate at Station 9+95 LS 1 15,000.00 15,000.00 24 Emergency Overflow Spillway Access Ramp LS 1 100.000.00 100,000.00 25 High Performance Ti.rf Reinforcing Mat (TRM) 51~ 26900 4.50 121;050.00 26 Signing, and Striping LS 1 10,000.00 I 10,000.00 27 Hydroseed Installation — LS 1 10,000.00 10,000.00 28 Hydroseed Establishment M 0 6 1,000.00 6,000.00 29 Blofiltration Basin Liner LS 1 50,000.00 50,000.00 30 Split Rail Fencing LE, 670 49.50 33,1 5.O0 31 Asphalt Pavement -AC Curb L TN 1 5,000.00 5,000.00 2 12' Asphalt Driveway TN 1 5,000.00 5,000.00 33 1/4.Ton Rock ;CY 61 180,00 10,980.00 34 Sewer Encasement CY 3 1,500.00 4,500.00 SUBTOTAL ),465,445.00 Additive Bid 35 Abo'e.Grade and Subsurface Utility Relocation Coordination LS 1 150000,00 15,000.00 36 Access Roads LA 2 15,000.00 30 000.00 37 _ Hale Performance Turf Reinforcing Mat (TR } - RV Road Branch SF 9800 4.50 44,100,00 38 Asphalt Pavement TN 24 550.00 13,200. } 39 l " Concrete Pads (at Culvert Headwalls) CY 1,500.00 1;, ,5{ 0,00 ,1E; Culvert Grate L.A. 16,000.00 32,300.00 SUBTOTAL 144,800100 BASE BID TOTAL 2,465,445.00 ADDI T IVEE BID TOTAL. 144800.00 GRAND TOTAL 2,10,,245.00 CORPORATE CERTIFICATE i, Wesley Wright certify that 1 am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Wesley Wright , who signed said contract on behalf of the Contractor, was then President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Wesley Wright certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Wesley Wright , who signed said contract on behalf of the Contractor, was then President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers Corporate Seal: Executed in Triplicate PERFORMANCE BOND Bond Number: 4465710 Premium: $29,327.00 Premium is for the contract term and subject to adjustment based on the final contract price WHEREAS, the City Council of the City of National City, by Resolution No. 02-. , passed the 6th day of July , 2023 has awarded to Wright Construction Engineering Corp, hereinafter designated as the "Principal", Paradise Creek Water Quality and Community Enhancement Project Ph II, CIP No. 1 -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 Markel 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 Two million, six hundred ten thousand, two hundred and forty five dollars ($2,610,245.00) 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 7th day of July , 20 23 Markel Insurance Company (SEAL) Wright Construction Engineering Corp (SEAL) (SEAL) b',/7/ (SEAL) e ( 'if ifigu01..'' AL) (SEAL) Cyn la J. Yount. A rn -Fact Sure y Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT r-AL.0.7.0:24.-20)30K0:0L-00.000:0DaiKic0:0:0:0_.-000:00amempamcgoac9..0_0.-:00202:000:0:0:0:0:0:4700:07.0:07..-07q:0:0D0N00:0:0L-00000.70:07.0.7.07.0:4:0:0:a.:0707.0007.0.7.0:0:0:0:00a00:07.0:0:0,.-.0.-ni 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. QQ a4 Description of Attached Document Title or Type of Document: Document Date: igner(s) Other Than Named Above: State of California County of San Bernardino On JUL 0 ? M3 before me, personally appeared RebeccaElizabeth_Adcock ° ti COMMISSION # 2327252 ") NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires: 3-May-2Q24 Ia Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e, .. "Jane Doe, Notary Public") Cynthia J. Young Nara(&) cif Sgner(s) who proved to me on the basis of satisfactory evidence a, to be the person whose name is subscribed to the within instrument and acknowledged to me that she it executed the same in her authorized capacity, 64 and that by her signature on the instrument the co person, or the entity -on behalf of which the person acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h (-4et OPTIONAL d.and official seal. 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. Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual El Corporate Officer Title El Partner --- MI Limited El General El Attorney -in -Fact El Trustee El Guardian or Conservator ri Other: Signer is Representing: Number of Paces: 4 RT THUMBPRINT OF SIGNER Top of thumb here .L7 �'.�� �' �" -.�` ma num I iirai Kiw_-4iRa. .fib. 4d ii'i -i. -i olia No. 1-2 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE OAKLAND Amended Certificate of Authority THIS IS TO l TIFY that, pursuant to the Insurance Code of te State qf California, Markel Insurance Company Illinois, organized under the laws of Illinois, subject to its Articles of Incorporation or other li a;► e t F r ni tion i- r ats, is hereby thori e ` n awl i t r&j `o-al provisions of this `erti cate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compen Compensation, Common Carrier Liability, , Boiler and Machinery. Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of Ca/ifbr•niae THIS GEM IP FATE is expressly conditioned upon the holder hereof now and hereafter being in fill compliance with all, and not in violation o any, of the applicable laws and latrfill requirements made under authority oft e laws of the State of alif n•m a as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective s of the 1 Ih day of April. 2021, I have set my hand and caused my official seal to e affixed this 14Fr, day ofApril, 2021. Ricardo Lara Insurance OmaniSsiOner \tif A Val er e Sarfaty for Catalina Hayes -Bautista Insurance Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. #1235895. I POO 510028 JOINT LIMITED POWER OF ATTORNEY KNOW All MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office art the County of Harris, Texas and Markel insurance Company lithe "Company')) a corporation duly organized and existing under the laws of the state of lliin°is, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Jay P. Freeman, Cynthia J. Young, Christina Mountz, Adriana Valenztleia Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as 'co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 001100 Dollars (5O, O0,000.00) This Power of Attorney is granted and is signed and seabed under and by the authority of the following Resolutionsadopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship. and to affix the corporate sear thereto. IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 24i't day of January 2023 • SureTec insuranceCompany By Michael C. Kelrn tg, President State of Texas County of Harris: Mark +e r surance yap mpany L ndey Jet n i►g ,Vice President On this 24th day of January , 2023 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions, adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF. I have hereunto s+ t my hand, and affixed my Official Seal at the County of Harris, the day and year first above written, .J.__.._ i...J. al..-ry 4 4 4 nir- •'ci F•�u,��F. _AO. JULIE E. MCCLARY Notary Public State of Texas 1: Commission # 129476130-5 -• Commission Expires March 29,2026 1 iu McCfary, Notary Public rvi commission expires 3/29/ 02.6 We,, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect grid has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, arid affixed the Seals of said Companies, on the 7th day of J Ul , 2023 By: fti1t, Brent t eats►, Assistant Secretary By: Markel Insurance Company Andre T arquis, Assista ' ecreta Any Instrument Issued in excess of the penalty stated above Is 'totally void and without anyveltity. 51 [10 8 For verification of the authority of this Power you may call M3)8/2-0800 on any business day betweeru is.20 AM and 5.00 PM CST, CALIFORNIA AL.L-PU POE 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 Diego } On July 1 I , 2023 before me, Nicola Carnes , Notary Public, personally appeared Wes W. Wright who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the winin instrument and acknowledged to me that he executed the sameire 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 P PERJURY under the laws of State of California that the foregoing paragraph is true and coiect. NICOLA J. CAkNE Notary Public • California San Diego County CommaSsion # 2323246 My COMM. Cures Mar 1, 2024 NOTARY SEAL ABOlvrE WITNESS my hand and official seal. Description of attached document Title or type of document: OPTIONAL Document Date: _ Number of Pages: Signer(s) Other than amed Above: Executed in Triplicate PAYMENT BOND Bond Number: r: 44 710 Premium included in charge for Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No. 22 - passed the 6th day of July 2023 has awarded Wright Construction Engineering Corp, hereinafter designated as the "Principal", Paradise Creek Water Quality and Community Enhancement Project Ph Il, CIP No. 19-11. 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 Markel Insurance Company as surety, are held and firmly bound unto the City Council of theCity of National City, hereinafter called the "Council", in the penal sum of Two million, six -hundred ten thousand, two hundred and forty five dollars ($2,61O,245OO) 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 releasediromlialaility_tolhose for whose benefit such b d_.ha b_e_enziven,lw reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 7th day of July , 20 23 Markel Insurance Company (SEAL) Wright Construction Engineering Corp (SEAL) (SEAL) Cynt i J. Youngar�� Surety (S�ALj In act /17,45( Principal (SEAL) (SEAL) CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT rapapachxgarepaana:goaccracireo,reoreciaDaDinecocenceciaciaccoKoze_ 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 JUL 0 7 2023 before me, Rebecca Elizabeth Adcock Notary Public ,11 personally appeared :r t Reb ecca Elizabeth Adcock ,746 COMMISSION.#..- 7 f,s NOTARY PUBLIC - CALIFORNA BERNARDINO COUNTY I My Comm. Expire : 3.May-20 4 Name and Title of Officer (_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 onthe 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 han 24JQ1u OPTIONAL and official seal. ci2 ic9 ature 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 remova,J 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) Signe is Name: [7 Individual E Corporate Officer Title El Partner -- Limited ' General El Attorney -in -Fact ' Trustee 17 Guardian or Conservator Other: Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here ifro I. 31 -. -.W x - -. _ '=I is ,a4W si ra .L is rt — lL: jaZZi— No. 1-2 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE OAKLAND Amended Certificate of Authority Ti'iiS IS TO CERTIFY that, pursuant t to the Insurance code of the State of California, Markel Insurance Company of Illinois, , organized under the laws f Illinois, subject to its Articles of Incorporation tion or other fundamental -organizational documents is -hereby -authorized iv t -a . cttwit i rl-tat . suNect-'wall— provisions of this Certificate. the following classes of insurace, Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, and Miscellaneous as such classes are now or n2ay hereafter be defined in the Insurance Laws of the Stale of California. TIES ERI &I '1 E is expressly ly conditioned upon the holder hereof now and here f er being in _fill compliance with OH, and not in violation o f `any, of te applicable laws and lawful requirements made under authority of the laws of the State of Cai br*nia as long as such laws or requirements are in effect ect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 14thr .y of April: 021, I have set my hand and caused my official seal to he a ii.ed this 14th day of April, 2 02 1. Ricardo Lara Insurance, C oa r? issinjwr )1d, Valerie Sarfary for Catalina Hayes -Bautista Insurance Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 70 l and will be rounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. r i 235895. I POAti 510028 JOINT LIMITED POWER OF ATTORNEY KNOWALL MEN BY THESE PRESENTS: That SureTec insurance company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"j, a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Jay P. Freeman, Cynthia J. Young, Christina Mol ntz, Adri na 'alenzue a Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship ,provided, however, that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50, , 0 .00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec insurance Company and Markel insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the .SureTec Insurance Company and Markel Insurance company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." iN WITNESS WHEREOF, Markel Insurance Company and :SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 24th day of January , 2023 By: SureTec Insurance Company Michael C. Keimig, President State of Texas County of Harris: By: Markompany • ndeyJenn' g Vice President On this 24111 day of .Jartuiry , 2023 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding Instrument is now in force. IN TESTIMONY WHEREOF I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. JULIE E. MCCLARY Votary Public State of Texas r r � Commission 12947680-5 �Ri ++` ' COMMiSSitill Expires March 29, 2on 0 6• e VvLnn. C McClary, Notary Public M commission expires 3/29/2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATIORNFY of which the foregoing Is a fuil, true and correctcopy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the By: M. Brent r eaty, Assistant Secretary day of i i 2023 Markel Insurance Company fly: Andre jMarquis, .Assista eereta Any Instrument Issued in excess of the penalty stated above Is totally void and without anyvalldity. 5100% For verification of the authority of this Power you may call (713)$1)- on any business days between 8:30 AM and 5:00 PM CST. CALIFORNIA ALL-PURPOSE ACKN WLED+ F. 'LENT 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 Dien on July 11, 2023 } before me, Nicola Carnes Notary Public. personally appeared Wes W. Wright who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that -by -his -signature -on the -instrument the person, or the entity upon -- behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERIL, paragraph is true and correct. ICCLA J, CARNES Notary Public - California 5! r Diego County Co;ssicn # 2323246 My Ccr ~-, p=ifs star 8, 2024 NOTARY SEAL. OVE RY under the laws of State of California that the foregoing WITNESS my hand and official seal. SIGNATURE OPTIONAL Description of attached ocument Title or type of document: Document Date: \lumber of Pages: Signer(s) Other than Named Above: