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23-0905_R.J. NOBLE COMPANY, INC._Contract
00 52 13 — CONTRACT This CONTRACT, No. CIP 24102 is made and entered into this _5th day of September, 2023 , by and between City of San Juan Capistrano, sometimes hereinafter called "City," and R. J. Noble Company, Inc. I sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: LOCAL STREETS PAVEMENT REHABILITATION PROJECT ZONES 1-5 (CIP 24102) The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 240 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. C. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Eleven Million Nine Hundred Fifty Three Thousand Two Hundred Seven Dollars ($11,953,207 }. Payment shall be made as set forth in the General Conditions. d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders ATTACHMENT 2 Page 1 of 4 Non -Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] ATTACHMENT 2 Page 2 of 4 r , 1% IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. R. J. NOBLE COMPANY, INC. CITY OF SAN JUAN CAPISTRANO Name of Cont By Name and Title: I+ JACOB BREEDLO 'ARY License No. 782908 CLASS A Date: 09/20/2023 Be ' in S" gel, ' Man ger Date: _2i� _23 (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) Approved as to form this 20th day of September 2023 C? W 75 Attor ey for City of San Juan Capistrano ATTEST By: END OF CONTRACT ATTACHMENT 2 Page 3 of 4 Notary 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 ORANGE SEPTEMEBR 20 23 On 20 , before me, appeared JACOB BREEDLOVE J. DEIONGH Notary Public, personally who proved to me on the basis of satisfactory evidence to be the person(R) whose name(x) isle subscribed to the within instrument and acknowledged to me that helXKNff%y executed the same in his/WrMiEYir authorized capacity(*A), and that by his/st it signature(lo on the instrument the person(SO, or the entity upon behalf of which the person(K) 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. J. DEIONGH WITNESS my hand and official seal. Notary Public - California �- Orange County Commission .=` 2307441 X My Comm. Expires Oct 28, 2023 Signl�fotary F'iT151i T. DEIONGH 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 this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) Limited — General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Other Than Named Above ATTACHMENT 2 Page 4 of 4 Executed in Duplicate Bond No. 30176632 00 61 13 — BOND FORMS 1.1 Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: to j�F�A t � r"f San Juan Capistrano, (hereinafter referred to as "City") has awarded to , (hereinafter referred to as the Contractor) an agreement for Contract No. CIP24102 , (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contra or is more particularly set forth in the Contract Documents for the Project dated 5 17-,* -1-3 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, R.T. NOBLE COMPANY the undersigned Contractor and Western Surely Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of eleven million nine hundred fifty* DOLLARS ($11,953,207.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. *three thousand two hundred seven and 00/00 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his 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 Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. -41- 00 61 13 - BOND FORMS 61147.02100\34898331.1 Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] _42_ 00 61 13 - BOND FORMS 61147.02100134898331.1 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7th day of September , 2023 . (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) R.J. NOBLE COMPANY Contractor/ Principal By Title ,ACOB BREEDLOVE, SECRETARY Western Sure Co an Surety By mey-in-Fact Title James Scott Salandi, Attorney-in-fact The rate of premium on this bond is N/A per thousand. The total amount of premium charges is $ _NIA (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Western Surety Com un 2. Park Plaza, Suite 400 _ Irvine, CA 92614 (Name and Address of Agent or Patriot Risk & Insurance Services LLC Representative for service of 18252 MacArthur Blvd.. Suite 300 process in California, if different Tryine, CA 92612 from above) (Telephone number of Surety and Agent or Representative for service of process in California) 61147.02100134898331.1 949-399-4970/949-486-7917 -43- 00 61 13 - BOND FORMS CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic 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 validityof that document. State of California 1 County of ORANGE J} 09/08/2023 J. DEIONGH, NOTARY PUBLIC On before me, 15atee Here Insert Name and Title of the Officer personally appeared JACOB BREEDLOVE Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/are subscribed to the within instrument and acknowledged to me that heisheAhey executed the same in his/+sir authorized capacity(ies), and that by histhwfteir signature(&.) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. Place Notary Seal and/or Stamp 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 QSignature of Notary Public 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: 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: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: fes�pF �l9�ee� ©2018 National Notary Association J. DEIOPiGH ? - Notary Public California ;• ~L :{'.P; Oran_eCounty ti .. Commission =� 2307'41 My Comm. Expires Oct 7.8, 2023 Place Notary Seal and/or Stamp 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 QSignature of Notary Public 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: 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: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: fes�pF �l9�ee� ©2018 National Notary Association Notary 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 On , 20_, before me, f , Notary Public, personally appeared , who provq l to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to a within instrument and acknowledged to me that he/she/they executed the same in his/her/their author ed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity uponehalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the lawsof #tie State of California that the foregoing paragraph is true and correct. 7 Signature of Notary Public ESS my hand and official seal. OPTIONAL Though the information below is not re fired by law, it may prove valuable to persons relying on the document and could prevent froud;u)7 removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGN DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ❑ Partner(s) u Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representin . Name Of Person(s) Or 'ty(ie ited Title or Type of Documanl This acknowledgment is to be completed for Contractor/Principal. -44- 61147.02100134898331.1 Number of Pages Date of Document Other Than Named Above 00 61 13 — BOND FORMS 1=14 *-R" CERTIFICATE OF 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 Bernardino On�C9rJL3 _ before me, Tina Downey, Notary Public (more insert name ana We of the officer) personally appeared James Scott Salandi who proved to me on the basis of satisfactory evidence to be the personN whose nameN(pare subscribed to the within instrument and acknowledged to me that e she/they executed the same in hi her/their authorized capacity(ieq, and that by is her/their signature on the ins rument the person, or the entity upon behalf of which the personKacted, 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. -INA 00`N4EY WITNESS my hand and official seal. - Nota -�r,c - California _ .. :an cemarcino Ccuntq Ccmmi;;ic� = 2383319 Expi c, .4cv 21, 2025 qq N 2 Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact ❑ Trustee(s) ❑ Other 20I:J .Sz.It . ; I_I`I 6 It I1''�i a J J J. C:' III 00V -U! J'J J'JJ INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies with current California statutes regarding notary wording and; if needed should be completed and attached to the document. Acknohvedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lain. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording_ • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer_ If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Executed in Duplicate Bond No. 30176632 1.2 Pavment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistran herinafter designated as the "City"), by action taken or a resolution passed 15(7 , 20 z 3 , has awarded to R.I. NOBLE COMPANY hereinafter designated as the "Principal," a contract for the work described as follows: Contract No CIP 24102 (the "Project"); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Western Surety Company as Surety, are held and firmly bound unto the City in the penal sum of eleven million* Dollars ($ 11,953,207.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. *nine hundred fifty three thousand two hundred seven and 00/00 THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 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 herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor 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 herein above described, nor by any rescission or attempted 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 -46_ 00 61 13 - BOND FORMS 61147.02100134898331.1 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 or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, 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, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7th day of September 2023. (Corporate Seal) R.J. NOBLE COMPANY Contractor/ P cipal By . Title JAC . EDLOVE, SECRETARY (Corporate Seal) Western Surety Company Surety By - act (Attach Attorney -in -Fact Certificate) Title—James 5catt Salandi Attorney-in-fact -47- 00 61 13 - BOND FORMS 61147.02100\34898331.1 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic 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 validityof that document. State of California 1 Countyof.r)RA GE _ J} 09/08/2023 On before me, Dote personally appeared JACOB BREEDLOVE J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer Nome(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/fey executed the same in hisMe4the4r authorized capacity(ies), and that by his/weir signatures) on the 'instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp 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 _ ignature of Notary Public 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — 11Limited 11General ❑ Individual ❑ Attorney in Fact ❑ Trustee 13Guardian or Conservator iiOther: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: 11Corporate Officer — Title(s): ❑ Partner — 11Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator iiOther: Signer is Representing: J. DEIONGH ." Notary Pubiic - California _ = Orange County > L Commission 2307441 r V M1 My Comm. Expires Oct 28, 2023 Place Notary Seal and/or Stamp 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 _ ignature of Notary Public 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — 11Limited 11General ❑ Individual ❑ Attorney in Fact ❑ Trustee 13Guardian or Conservator iiOther: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: 11Corporate Officer — Title(s): ❑ Partner — 11Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator iiOther: Signer is Representing: Notary AcknoWedgmer 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 On 20_, before me, (votary t-'ut)11c, personally appeared who prod 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 autho zed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upo behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of a State of California that the foregoing paragraph is true and correct. Signature of Notary Public Though the information below is not req and could prevent fraudulent CAPACITY CLAIMED BY SIGNED( ❑ Individual ❑ Corporate Officer ❑ Partner(s) 0l Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or En'. o WITNESS my hand and official seal OPTIONAL by law, it may prove valuable to persons relying on the document eal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above This acknowledgment is to be completed for Contractor/Principal. -48- 61147 02100134898331.1 00 61 13 — BOND FORMS ALL- PURPOSE CERTIFICATE OF 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 Bernardino } On kw Jy- before me, Tina Downey,HNatary Pubic title of Via oI , personally appeared James Scott Salandi , who proved to me on the basis of satisfactory evidence to be the personN whose named 'share subscribed to the within instrument and acknowledged to me that e she/they executed the same in hi herltheir authorized capacity(ii , and that by is her/their signatureMon the instrument the person, or the entity upon behalf of which the personKacted, executes{ the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TINA DOWNS! ctarJ Public - California WITNESS my hand and official seal. N- � .: -. _an oemaraino Couniy Commission - 23,83319 Come. E'aj as Nov 21, '025 0(�,)YQ i A/ - No ublic Signature (Notary Public Seal) W ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and.. DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded should be completed and attached to the document. Acknohvedgentsfi-om other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary larv. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document confinued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicatethecorrect singular or plural forms by crossing off incorrect forms (i.e. he/she/Vrey is /ere ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. J Attorney -in -Fact -.p Additional information is not required but could help to ensure this I: Trustee(s) acknowledgment is not misused or attached to a different document Other Indicate title or type of attached document, number of pages and date. F-1 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). --:.. _ " .- _ • Securely attach this document to the signed document with a staple - IJ �/::I �I'Jli \": ':YY: -I `!UL0.1�1.{p JJ2-.J. L'Jlll l:ll U-CI(J-J`.)l.`J � P WeAern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue ofthe signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of June, 2021. qr'a WESTERN SURETY COMPANY NQdRq �9jb: aul T. Bruflat, Vice President State of South Dakota County of Minnehaha I ss On this 24th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M. BENT ` ��Mtrnm wraucPq�; March 2, 2026 Wrr++�titirr✓.tinrrrrrrrrr � M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power ofAttomey hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this -7# day of 90 :y1WESTERN SURETY COMPANY �4 t►►�, =wiS'4 �ri L. Nelson Assistant Foam F4280-7-2012 Secretary Go to www.cnasurety.com > Owner/ Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.