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HomeMy WebLinkAboutRove Engineering, Inc. - Valley Road Storm Drain Replacement - CIP No. 24-21 - 2025 OWNER- CONTRACTOR AGREEMENT Valley Road STORM DRAIN REPLACEMENT,CIP No.24-21 This Owner-Contractor Agreement("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Rove Engineering Inc. ("Contractor"), 8291 Aero Place, Ste 100, San Diego, California 92123 on the day of January, 2025,for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein,the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code,which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books,documents,papers,employee time sheets,accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses,permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW,VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys'fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5)years. I have read and understood all of the provisions of this Section 15, above: se (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. O Contractor: Rove Engineering Inc Ron Morrison Mayor, City of National City (Owner/Office signature) APPROVED AS TO FORM: Yessenia Eugenio, Corp Sec 04444S4.17e— Print name and title Barry J. Shultz AI Attorney. City of National City (Se •nd o 'ce signatir a corporation) Steven Eugenio, President Print name and title 09053689 Contractor's City Business License No. 1046101 - Class A State Contractor's License No.and Class 8291 Aero Place, Ste 100 Business street address San Diego, CA 92123 City,State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE Description Unit of Measure Quantity Item Unit Price Bid Item Cost Mobilization LS 1 $20,000.00 $20,000.00 Site Demolition LS 1 $21,683.82 $21,683.82 Traffic Control LS 1 $6,000.00 $6,000.00 Water Quality Control LS 1 $13,500.00 $13,500.00 Construction Surveying LS 1 $6,500.00 $6,500.00 6"PCC Paving with Reinforcing SF 750 $31.00 $23,250.00 Remove and Replace Existing Duel 71"X 47"CMP with Duel 76"x 48"Elliptical I LF 32 $2,450.00 $78,400.00 Pipe Connections to Existing CMP EA 2 $4,150.00 $8,300.00 Modified Straight Head Wall and Channel Repair-Regional Std.Drawing(0-31) EA 1 $37,500.00 $37,500.00 2"AC Grind and Replace SF 500 $32.00 $16,000.00 Replace Existing 6"Private Water line LS 1 $13,000.00 $13,000.00 Replace Existing 2"Private Gas line LS 1 $12,000.00 $12,000.00 Mortar Fill Existing CMP Invert(330 LF) CY 6 $2,200.00 $13,200.00 Property Preservation including Replacement of Chain Link Fence and Gate LS 1 $14,000.00 $14,000.00 Total Contract Price Total $283,333.82 CORPORATE CERTIFICATE I, _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. I, 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. Corporate Seal: PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS Bond No. PPD0103147-0864891 Premium: $5,250.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of has awarded to Rove Engineering Inc, hereinafter designated as the "Principal",for the 3131 Valley Road Storm Drain Replacement, OP No. 24-21. 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 Developers Surety & Indemnity Company and Harco National 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 HUNDRED EIGHTY THREE THOUSAND THREE HUNDRED AND THIRTY-THREE DOLLARS AND EIGHTY-TWO CENTS ($283,333.82 ) 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 19th day of December , 20 24 Developers Surety&Indemnity Company and Harco National Insurance Company Rove Engineering, Inc. (SEAL) sEAL! (SEAL) Bart Stewart, Attorney-in-Fact : -"""'•;,; /e sse,ns ci ErA gen►o (SEAL) SEAL Surety :. Principal ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On December 26th, 2024 before me, Karla Ochoa-Oceguera, Notary Public (insert name and title of the officer) personally appeared Yessenia Eugenio , 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. '_•;°,ti KARLA OCHOA-OCEGLERA WITNESS m hand and official seal. - W "'; '; Votary Public•California Z i : ' ,T Imperial County %�'yr� � Commission#2476434 i _ _ •• Ay Comm.Expires Dec 14-2027 i 1 Signat e i /'1i (Seal) PPD0103147 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY' DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane,43rd Floor,New York,NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that,except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,do hereby make,constitute and appoint: Bart Stewart ,of Encinitas,CA as its true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said company could do,but reserving to each of said company full power of substitution and revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed, This Power of Attorney is effective July 19,2023 and shall expire on December 31,2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively,"Company")on February 10,2023. RESOLVED,that Sam Zaza,President,Surety Underwriting,James Bell,Vice President,Surety Underwriting,and Craig Dawson,Executive Underwriter, Surety,each an employee of AmTrust North America,Inc.,an affiliate of the Company(the"Authorized Signors"),are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute,on behalf of the Company, bonds,undertakings and contracts of suretyship,or other suretyship obligations:and that the Secretary or any Assistant Secretary of the Company be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney. RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company.and the seal of the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27,2023 By: .•'��I,\NSU1�qC'� .`�. ��(AND/NO• !.. FtPOI?q • �` JQ'. ORPORyT• � Printed Na Sam Zan O•'GO TF'• n' co• `aG p'. 2 �� "W SEAL If 1936 Title: President,Surety Underwriting J••���F�AWP� Y` ���.�'gCIFo9 ',Dom;: ACKNOWLEDGEMENT: '•••••• • •.� ��� •*�d••.� ,,,,�er��i CNN,,,• ,,,If,r*,,,``�o 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 On this 27 day of March, 20 23 , before me, Hoang-Quyen Phu Pham , personally appeared Sam Zaza who proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity,and that by the signature on the instrument the entities upon behalf which the person acted.executed this instrument. 1 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. HOANGQUYEN P./HAM Notary Public-California Signature ptiJ Orange County Commission#2432970y Comm.Expires Dec 31,2026 CORPORATE CERTIFICATION The undersigned,the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland,Ohio,this March 19,2023. W e—DocuS{gne/J �1 d by: By: bon htects Barry W.Moses,Assistant Secretary POA No. N/A '-6B6415E7ADE548C... DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1E455E6530F Ed.0323 Signed and sealed this 19th day of December, 2024 POWER OF ATTORNEY Bond# 0864891 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint BART STEWART Encinitas, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute, rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2023 ........,, 44. !i STATE OF NEW JERSEY STATE OF ILLINOIS ;�0�,��o .4;Nt' � Al`iOtc+ . vO S ,fr , County of Essex SEAL 14s el / County of Cook SEAL °g "ar 1904 e� 14W71 - t9s4 3 41940* 1E b5tSt Kenneth Chapman •.,N * Ir tNI • Executive • Vice President,Harco National Insurance Company ...........s'�� and International Fidelity Insurance Company On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ...... ....... IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, � ..•••••:., New Jerseythe dayand year first above written. �Q�. ' Exp. y•4 aOTAq` �o• JX .,Fty JEW' .•• Shirelle A.Outley a Notary Public of New Jersey 1',/sit..... My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, December 19,2024 A00982 Irene Martins,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :r :a"rA n c, x-x-Ocx"4-r.Arxrtrcrc,arsex-:crrt-O c�rer,Mx-c c-c, car .-tlrK`-,etc• rsrteA-rt-c. rc cx 4="crr. ,-c,,4-Cx A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Diego On December 19. 2024 before me, S.L. Holcomb , Notary Public Date Here Insert Name and Title of the Officer personally appeared Bart Stewart 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. WITNESS my hand and official seal. S. L. MOLCOMf9 t `. •••aywure •awsawA SAN DIEGO COUNTY • -- Cam. .u►N. �.zone Signature -- 4-) Signature of Notary Public Place Notary Seal Above OPTIONAL 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General El Partner — ❑ Limited El General Individual ❑Attorney in Fact El Individual ❑Attorney in Fact El Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator El Other: El Other: Signer Is Representing: Signer Is Representing: - _ _ .: - - - - ©2014 National Notary Association •www.NationafNotary.org • 1-1300=US NO i ARY(1-8UU-B b-b-8 7) Item#'5907 Bond No. PPD0103147-0864891 Premium: Included in Perf. Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of January, 2025 has awarded to Rove Engineering Inc.,hereinafter designated as the"Principal",for the 3131 Valley Road Storm Drain Replacement, CIP No 24-21. 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; Developers Surety&Indemnity Company NOW,THEREFORE, we,the Principal and and Harco National 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 HUNDRED EIGHTY THREE THOUSAND THREE HUNDRED AND THIRTY-THREE DOLLARS AND EIGHTY-TWO CENTS ($283,333.82 ) 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 19th day of December ,20 24 . Developers Surety&Indemnity Company and Harco National Insurance Company Rove Engineering, Inc. (SEAL) sEA; C� (SEAL) Bart Stewart,Attorney-in-Fact ,�,-"" „ `less C C"—['AA cpc1I 0 (SEAL) Surety �`"°� Principal ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On December 26th, 2024 before me, Karla Ochoa-Oceguera, Notary Public (insert name and title of the officer) personally appeared Yessenia Eugenio 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. ,•, i(ARLAOCHOAoCEGUERA WITNESS my hand and official seal. � notary Public-California Imperial County '' "Pi • Commission#2476434 •�• My Comm.Expires Dec 14,202714( Signat (Seal) PPD0103147 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane,43rd Floor,New York,NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that,except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,do hereby make,constitute and appoint: Bart Stewart ,of Encinitas,CA as its true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said company could do,but reserving to each of said company fill power of substitution and revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is effective July 19,2023 and shall expire on December 31,2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE. COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively,"Company")on February 10,2023. RESOLVED,that Sam Zaza,President,Surety Underwriting,James Bell.Vice President.Surety Underwriting,and Craig Dawson.Executive Underwriter Surety,each an employee of AmTrust North America,Inc.,an affiliate of the Company(the"Authorized Signors"),are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute,on behalf of the Company, bonds, undertakings and contracts of suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the Company be,and each of them hereby is•authorized to attest the execution of any such Power of Attorney. RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company,and the seal of the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27,2023 �, 1sUR.4 '• •' ,(AND y: • Printed Nai c Sam Zaza = O?•GPCL (t`• Cr �,• Fp•• Z Title: President,Surety Underwriting SEAL� = w. 1936 •• : ACKNOWLEDGEMENT: '.,• `,.• • ' •7�O•••••••'��'a,,.` •aaa,f.,*���•.',, 'aa'aaaaa*��•�'',, 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 On this 27 day of March, 2023 , before me, Hoang-Quyen Phu Pham , personally appeared Sam Zaza who proved tome on the basis of sat isfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity,and that by the signature on the instrument the entities upon behalf which the person acted,executed this 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. >� HOANG-QUYEN P.NAM Notary Public-California Signature (�}� 1 _' Orange County tq ' Commission%2432970 �iK• " My Comm.Expires Dec 31,2021 CORPORATE CERTIFICATION The undersigned,the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland,Ohio,this March 19,2023. —DocuSigneel11 dd'by: By: f� W Awl_S Barry W.Moses,Assistant Secretary POA No. N/A "-6B6415E7ADE548C... DocuSignEnvelopel D:3352BFD6-5E9D-4796-837E-C 1 E455E6530F Ed.0323 Signed and sealed this 19th day of December, 2024 • POWER OF ATTORNEY Bond# 0864891 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint BART STEWART Encinitas, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute, rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2023 '. ,iNSrl9'',, 4t< pop_ STATE OF NEW JERSEY STATE OF ILLINOIS ;C� 1044 p� QA I A County of Essex County of Cook cY sou t's el' -o SEAL :o � vi tog+ it: 1904 ' .,`?:'ccruatg a: s JE16. Kenneth Chapman •,N .* Executive Vice President,Harco National Insurance Company • ••`•` and International Fidelity Insurance Company On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .............. ...E A r...''. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, �.`���•�..•••••..�G1' New Jersey the day and year first above written. y o ,gOTAq`.+. .� V .,.A t . Ir'JER`��� Shirelle A.Outley a Notary Public of New Jersey '........... My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, December 19,2024 A00982 attc Irene Martins,Assistant Secretary 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 San Diego On December 19. 2024 before me, S. L.Holcomb ,Notary Public Date Here Insert Name and Title of the Officer personally appeared Bart Stewart 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. WITNESS my hand and official seal. HOLCOMB comm. s 2474125 RRARYROA •aMsaReM V lel) SIW DIEGO COUNTY Comm. JAN. 1,2028 - a Signature Signature of Notary Public Place Notary Seal Above OPTIONAL 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: 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 ❑Partner — ❑Limited ❑General E Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee El Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: •=cr4 - -v ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 VALLEY ROAD RESOLUTION/ORDINANCE/AGREEMENT STORM DRAIN REPLACEMENT, TRANSMITTAL FORM CIP NO. 24-21 SECTION I: Submitters Name: Evelyn Molina ' Da a Submitted: 1/22/25 Date received City Attorney's Office: ill II ,\27, 2S TIME SENSITIVE? If so,required Date: V Who's Attention? ❑Is a Certified Copy Required? ❑Does this document or any of its attachments required i s. Resolution n Ordinance be recorded wit County Recorder? If yes, who will be responsible for recording? Department City Clerk's Office Map VASo\AVY\ 00 161,S Ott nAgreement/Contract/MOUs/Amendments (Must be signed by ContractorNendor before Submittal to CAO) **If sending to Outside Agency for Signature (Department is responsible for obtainin Signatures) l r l Agreement Requires City Council Action? went to council on 01/21/25 �Q r Ofrt (a Cp#)Ylot nDoes Agreement Require Notary? If yes, make arrangements with Deputy City Clerk. Additional Instructions to assist with final processing: Please have the Mayor and City Attorney sign the agreement. Once fully executed, please send to City Clerk for filing. Please send us a copy of fully executed agreement. Thanks, Evelyn SECTION II: ONCE PROCESSED:SIGN,DATE AND FORWARD TO THE NEXT ON LIST: (If signature will be delayed please alert Deputy City Clerk)Documents ments should be signed within one(1)day of receipt due to time-sensitivity of these documents. 14.24. 4 CITY ATTORNEY — Sign and Date (Approved as to Form can be obtained prior to City Council Meeting)Forward to the Mayor prior to start of the City Council Meeting. MAYOR—Sign and Date (Admin can initial here)(Make sure all signatures are complete and if the Resolution is approving a Contract/Agreement it should also be included for signatures. If not,please contact City Attorney's Office)Forward to the City Manager if applicable(see below)or deliver to the Deputy City Clerk. CITY MANAGER — Sign and Date if applicable. If Contract/Agreement require City Manager signature—obtain following City Council Meeting and forward to Mayor's Office to be included with Signed Resolution. This should be completed Wednesday morning following City Council Meeting. Forward to the Mayor or deliver to the Deputy City Clerk if Mayor Signature not required. ADDITIONAL DIRECTION: For Mayor Signature—Provide documents to the Mayor at or immediately following Council Meeting for signature following the adoption of items. If item needs amending or was continued it will be left in folder unsigned. Confirm action on Recap provided by Deputy City Clerk following the meeting to make sure a signature wasn't just missed. If so obtain as soon as possible. Follow-up with City Attorney for Amendment. Let Deputy City Clerk know status and timeline for processing amendment. Deliver to City Clerk(Should be no later than the Thursday following Tuesday Meeting unless being amended by City Attorney. If being amended send the other resolutions to City Clerk—please do not hold them) Date Delivered to the Deputy City Clerk: Submitted By: RESOLUTION/ORDINANCE/AGREEMENT TRANSMITTAL FORM I September2021