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HomeMy WebLinkAboutBurtech Pipeline Incorporated - P-2 Sewer Upsizing - CIP No. 24-03 - 2025 OWNER-CONTRACTOR AGREEMENT P-2 SEWER UPSIZING, CIP NO. 24-03 This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Burtech Pipeline Incorporated ("Contractor"), 1325 Pipeline Drive, Vista, CA 92081, on the 2nd day of September, 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 13, above: cfiB (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner Contractor: Burtech Pipeline Incorporated VIA—....-------- Ron Morrison (Owner/Officer signa e) Mayor, City of National City Dominic J. urtech - President & CEO Print name nd title APPROVED AS TO FORM: (Secon fficer si ature if a corporation) By:�� Julie J. Burtech - Exec. VP & Secretary Barry J. Schultz Print name and title 611 City Attorney 09024315 Contractor's City Business License No. 718202, Class A Engineering State Contractor's License No.and Class 1325 Pipeline Drive Business street address Vista, CA 92081 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 No. Item Description Unit Qty Unit Price Line Total Base Bid - E.4th Street 1 Mobilization/Demobilization LS 1 $65,277.94 $65,277.94 2 Traffic and Pedestrian Control LS 1 $150,000.00 $150,000.00 3 SWPPP, Water Quality Control LS 1 $30,000.00 $30,000.00 4 Surveying LS 1 $25,000.00 $25,000.00 5 Restoration of Survey Monuments EA 6 $2,300.00 $13,800.00 6 Sewer Bypass LS 1 $38,000.00 $38,000.00 7 Clearing and Grubbing LS 1 $2,500.00 $2,500.00 8 Protection and Restoration of Existing Improvements LS 1 $500.00 $500.00 CCTV Existing Sewer Line E.4th Street and Harbison Ave 9 (Pre-Construction) LS 1 $10,000.00 $10,000.00 Remove Existing Sewer Manhole and Replace with 5' 10 Sewer Manhole per SDRSD SM-02 EA 12 $21,000.00 $252,000.00 Add Drop Structure Feature to New Sewer Manholes as 11 per SDWAS SM-09 and SM-10 EA 4 $4,000.00 $16,000.00 Remove Existing 6" Sewer Main and Replace with 8" SDR35 PVC Sewer Main by Open Trench to a Maximum 12 Depth of 15' (4th St) (SDRSD SP-02) LF 1595 $175.00 $279,125.00 13 Trench Repair-Asphalt Concrete Paving TN 560 $370.00 $207,200.00 14 Trench Repair- Class II Aggregate Base TN 1270 $65.00 $82,550.00 Remove Existing 6" Sewer Main and Replace with 10" 15 Sewer Main by Open Trench (SDRSD SP-02) LF 2256 $184.00 $415,104.00 16 Trench Shoring- Mainline & Manholes LS 1 $7,000.00 $7,000.00 17 Trench Shoring - Laterals EA 75 $100.00 $7,500.00 Sewer Lateral, 4" SDR35 PVC (SDRSD SS-01 through SS- 18 04) LF 2725 $135.00 $367,875.00 Sewer Lateral, 6" SDR35 PVC(SDRSD SS-01 through SS- 19 04) LF 250 $150.00 $37,500.00 20 Sewer Cleanout Type "B" (SDRSD SC-01) EA 75 $750.00 $56,250.00 21 Cold Milling Asphalt Pavement- 2" Depth SF 2E+05 $0.33 $80,449.71 Removal, Disposal and Replacement of Unsuitable 22 Material TN 1500 $118.00 $177,000.00 23 2" Asphalt Concrete (AC) Pavement with Forta-Fi TN 3060 $180.00 $550,800.00 24 4" Asphalt Concrete (AC) Digouts TN 1000 $425.00 $425,000.00 25 Remove and Replace PCC Sidewalk (SDRSD G-07) SF 3900 $17.60 $68,640.00 Remove and Replace PCC Pedestrian Curb Ramps (SDRSD 26 G-27 through G-32B) EA 10 $9,600.00 $96,000.00 27 Remove and Replace PCC Curb and Gutter (SDRSD G-02) LF 1140 $81.40 $92,796.00 28 Remove and Replace PCC Cross Gutter (SDRSD G-12) SF 560 $24.20 $13,552.00 Remove and Replace Existing PCC Driveway Approach 29 per SDRSD G-14 EA 1 $16,500.00 $16,500.00 Remove and Replace Existing Bus Pad (12'x15') in Accordance with MTS Design Standard Figure 4-4, Pavement Composition Recommendations - Case III, Including excavation, Base Preparation, Reinforced 30 Concrete Placement, and Surface Restoration EA 1 $24,200.00 $24,200.00 Remove and Replace 6'Type E Loop, Limit Line Type F Loop, and Type C Bike Loop (Caltrans Standard Plan ES- 31 5B) EA 14 $1,650.00 $23,100.00 32 Remove, Salvage, and Re-install Existing Street Signage EA 5 $770.00 $3,850.00 33 Signage, Striping and Markings LS 1 $66,000.00 $66,000.00 Subtotal $3,701,069.65 Additive Bid - Harbison Ave 34 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 35 Traffic and Pedestrian Control LS 1 $10,000.00 $10,000.00 36 SWPPP, Water Quality Control LS 1 $5,000.00 $5,000.00 37 Surveying LS 1 $3,800.00 $3,800.00 38 Restoration of Survey Monuments EA 2 $2,300.00 $4,600.00 39 Sewer Bypass LS 1 $5,000.00 $5,000.00 40 Clearing and Grubbing LS 1 $1,000.00 $1,000.00 Remove Existing 6" Sewer Main and Replace with 8" 41 SDR35 PVC Sewer Main (Harbison Ave) (SDRSD SP-02) LF 655 $258.00 $168,990.00 42 Trench Repair-Asphalt Concrete Paving TN 110 $374.00 $41,140.00 43 Trench Repair- Class II Aggregate Base TN 250 $66.00 $16,500.00 Remove Existing Sewer Manhole and Replace with 5' 44 Sewer Manhole as per SDRSD SM-02 EA 2 $23,500.00 $47,000.00 45 Trench Shoring- Mainline & Manholes LS 1 $4,000.00 $4,000.00 46 Trench Shoring - Laterals EA 23 $150.00 $3,450.00 Sewer Lateral, 4" SDR35 PVC (SDRSD SS-01 through SS- 47 04) LF 675 $135.00 $91,125.00 48 Sewer Cleanout Type "B" (SDRSD SC-01) EA 23 $750.00 $17,250.00 49 Cold Milling Asphalt Pavement- 2" Depth SF 27895 $0.33 $9,205.35 Removal, Disposal and Replacement of Unsuitable 50 Material TN 500 $118.00 $59,000.00 51 2" Asphalt Concrete (AC) Pavement with Forta-Fi TN 370 $180.00 $66,600.00 52 4" Asphalt Concrete (AC) Digouts TN 250 $425.00 $106,250.00 53 Remove and Replace PCC Sidewalk (SDRSD G-07) SF 1250 $17.60 $22,000.00 Remove and Replace PCC Pedestrian Curb Ramps (SDRSD 54 G-27 through G-32B) EA 1 $12,320.00 $12,320.00 55 Remove and Replace PCC Curb and Gutter (SDRSD G-02) LF 375 $80.00 $30,000.00 Remove and Replace PCC Curb Inlet Type B1 Gutter Only 56 as per SDRSD D-02 EA 1 $7,150.00 $7,150.00 Remove and Replace Existing Raised Median Integral 57 Curb per SDRSD G-6 and G-12 LF 60 $165.00 $9,900.00 Remove and Replace Existing Raised Median 4" PCC 58 Decorative Concrete Paving to Match Existing SF 100 $60.50 $6,050.00 59 Signage, Striping and Markings LS 1 $4,600.00 $4,600.00 Subtotal $766,930.35 Total $4,468,000.00 CORPORATE CERTIFICATE Julie J. Burtech certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that Dominic J. Burtech , who signed said contract on behalf of the Contractor, was then President& CEO 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. Julie J. Burtech certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that Julie Burtech , who signed said contract on behalf of the Contractor, was then Exec. VP & Secretary 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: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of San Diego ) On 0 /S �� before me, p� Arthur Patrick Arquilla, Notary Public Date Here Ins Na a and Title e Officer Personally appearedPenin/4/ Ins Na Name(s)of Sianer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)i at bscribed to the within instrument and acknow d to me that he/s h� ecuted the same in his/he itheir.uthorized capacity(ies),and that by his/h ther 'gnature(s)on the instrumentthe person(s),or the entity upon behalf of which the person(s)acted,execu ed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and � correct. ARTHUR PATRICKARQUILLA WITNESS my han'. • official se,/ COMM.IR2386204 m / s f� 7 NOTARY PUBLIC-CALIFORNIA T 'tIMycoEpa026 Signature `� Signature .. Note 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)OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name 0 Corporate Officer—Title(s) 0 Corporate Officer—Title(s) 0 Partner 0 Limited 0 General 0 Partner 0 Limited DGeneral 0 Individual 0 Attorney in Fact 0 Individual ®Attorney in Fact ®Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator' 0 Other ®Other Signer Is Representing Signer Is Representing ©2014National Motor/Association 0 www.NaticnalNotary.org 01-800-US NOTARY(1-300-87G-6327) Item#5907 PARTNERSHIP CERTIFICATE Y STATE OF ) ) ss .1kp4 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: BOND NO. 7901273181 PREMIUM: $27,727.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT PERFORMANCE BOND BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of National City, by Resolution No. 2025- 028 , OR the City Manager of the City of National City, on the 2nd day of September, 2025, has awarded Burtech Pipeline, Inc., hereinafter designated as the "Principal", the P-2 SEWER UPSIZING project. 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 NATIONWIDE MUTUAL INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Four Million, Four Hundred Sixty Eight Thousand Dollars ($4,468,000.00) 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, its officers,agents,employees,and volunteers as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 13TH day of AUGUST , 20 25 . NATIONWIDE BURTECH MUTUAL INSURANC COMPA (SEAL) PIPELINE, INCORPORATED (SEAL) (S€A BY:/ (SEAL) SANDRA FIGUEROA,ATTORNE -IN-FACT (SEAL) DOMINIC J.BURTE ,JR.,PRESIDENT (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) Flease See a-#-I Ott J ss 4ckviow ltd9 wn a wfi COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared kno n to me to be the person whose name is subscribed to the within instrumen as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me hat he subscribed the name of said corporation thereto as Surety, and his own n e as attorney-in-fact. NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: Name (Type Print): Notary Public in and for said County and State My mmission expires: 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 Jt On AUGUST 13, 2025 before me, MICHELE KIRSTEN GIESING, NOTARY PUBLIC Date Here Insert Name rind Title of the Officer personally appeared SANDRA FIGUEROA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons}whose names}is/asubscribed to the within instrument and acknowledged to me that helshe/they executed the same in 4is/her/their authorized capacity(fes), and that by+ris/her/threirsignature(s)on the instrument the persons), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the ,,, MICHELE KIRSTEN GIESING laws of the State of California that the foregoing Notary Public•California = San Diego County paragraph is true and correct. ; r� Commission#2434345 ' ''L I!••M My Comm.Expires Jan 15,2027 WITNESS my hand and official seal. (Th Signature Place Notary Seal and/or Stamp Above Sig e 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: SANDRA FIGUEROA Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited ❑ General 0 Partner— 0 Limited ❑ General ❑ Individual G4 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator 0 Trustee ❑ Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: - -- - _ - - e 0 ©2017 National Notary Association • Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: HELEN MALONEY; JOHN G MALONEY; MARK D IATAROLA; MICHELE KIRSTEN GIESING; SANDRA FIGUEROA; each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 1st day of April,2024. 4Ld6Ji Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT Walk vuixw, , STATE OF NEW YORK COUNTY OF KINGS:ss .f On this 1st day of April,2024,before me came the above-named officer for the Company ro<' � / aforesaid,to me personally known to be the officer described in and who executed the /',.SEAL:; preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed ,,rajpM ;pN� hereto is the corporate seal of said Company,and the said corporate seal and his signature \_1. were duly affixed and subscribed to said instrument by the authority and direction of said Company. Sharon Laburda Notary Public,State of New York No.01LA6427697 Qualified in Kings County Notary Public Commission Expires January 3,2026 My Commission Expires January 3.2026 CERTIFICATE I,Lezlie F.Chimienti,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this t3TH day of AUGUST 2025 • .7' Assistant Secretary BDJ 1(04-24)00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County o Sa Diego ) On 7 before me, Arthur Patrick Arquilla, Notary Public at.A.. 17tre Date Insert ame and Title of the Officer Personally appeared �6YY)141 L Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name( re subscribed to the within instrument and cicnowledged to me th.,Vlhe/they executed the same in,0 er/their authorized capacity(ies),andthatber/theirsignature(s)ontheinstrumenttheperson(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. !' WITNESS my ha,d . d official s ARTHUR PATRICK ARQUILLA , ' ..;-,�_ ROMM. C-CAUF > / ' s NOTARY PUBLIC-CAUFORNIA �' �/e/ it;1%.^ sAN D4EG0 COUNTY Signature My Comm EYG.res.ianuary 202fi Signa •re of N.tary 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)OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name 0 Corporate Officer—Title(s) El Corporate Officer—Title(s) 0 Partner 0 Limited 0 General 0 Partner 0 Limited OGeneral El Individual fl Attorney in Fact 0 Individual 0 Attorney in Fact ®Trustee ®Guardian or Conservator 0 Trustee 0 Guardian or Conservator' El Other El Other Signer Is Representing Signer Is Representing ©2914National Notar rAssociation . www.NaticnalNotary.org o 1-800-US NOTARY(1-300-576-6827) item#5907 BOND NO. 7901273181 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2025- 028 , OR the City Manager of the City of National City, on the 2"d day of September(2025, has awarded Burtech Pipeline, Inc., hereinafter designated as the "Principal", the P-2 SEWER UPSIZING project. 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 NATIONWIDE MUTUAL INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Four Million, Four Hundred Sixty Eight Thousand Dollars ($4,468,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs,executors, administrators,successors, or assigns,shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall insure 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 13TH day of AUGUST , 2025 NATIONWIDE BURTECH MUTUAL INSURANCE COM NY (SEAL) PIPELINE, INCORPORATED (SEAL) BY SEAL) BYa/ (SEAL) SANDRA FIGUEROA,ATTORNEY-IN-FACT (SEAL) DOMINIC J.BURTECH,JR.,PR IDENT (SEAL) Surety Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County o Sari Diego ) On /$- ate before me, Arthur Patrick Arquilla, Notary Public Date ,ereIn ert Name and Title of the Officer Personally appeared /.9 Q / . C— l/�' `� .,....-4 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name-)is •re subscribed to the within instrument and acknowledged to me theeshe/they executed the same i d er/their authorized capacity(ies),and that is er/theirsignature(s)ontheinstrumenttheperson(s),or the entity upon behalf of which the person(s)act executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hen• an, official seal. C ARTHURPATRICKARQUILLA ' yOMM #2204n• NOTARYPUBLIC-CALIFORNIA T Signature SAN DtEGO COUNTY Signature •f Notary Pu.lic My Comm Eimim,ianua y 7 20wn 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. isescription 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 0 Corporate Officer—Title(s) 0 Corporate Officer—Title(s) 0 Partner 0 Limited 0 General 0 Partner 0 Limited D General 0 Individual 0 Attorney in Fact 0 Individual ®Attorney in Fact 0 Trustee ®Guardian or Conservator 0 Trustee ®Guardian or Conservator' El Other 0 Other Signer Is Representing Signer Is Representing ©2014NationalNotaryAssociation 0 www.NationaiNotary.org 01-WO-US NOTARY(1-800-876-6827) item#5907 ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF pi ease see. a-'t+ac.ktd„ ) ss /!♦elcnowledy•+11" COUNTY OF On this day of , 20 , bef. - me, the undersigned, a Notary Public in and for said County and ate, personally appeared own to me to be the person whose name is subscribed to the within instrum-nt as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to • that he subscribed the name of said corporation thereto as Surety, and his own ►.me as attorney-in-fact. NOTE: Signature of those execu g for NOTE: The Attorney-in-fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: Name (Type or 'rint): (Notary Public in and for said County and State) My Co ission expires: ATTACH ALL BONDS 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 J} On AUGUST 13, 2025 before me, MICHELE KIRSTEN GIESING, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared SANDRA FIGUEROA 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 fielshe/they executed the same in#+islher/their authorized capacity(ics),and that by+r slher/theirsignature(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 TH MICHELE KIRSTEN GIESING laws of the State of California that the foregoing = Notary Public•California San Diego County paragraph is true and correct. ' j,p° Commission#2434345 `41' • ' My Comm.Expires Jan 15,2027 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signa - •f 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: SANDRA FIGUEROA Signer's Name: D Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— ❑ Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual al Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: HELEN MALONEY; JOHN G MALONEY; MARK D IATAROLA; MICHELE KIRSTEN GIESING; SANDRA FIGUEROA; each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 1st day of April,2024. ad70 Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT /�UALiN` STATE OF NEW YORK COUNTY OF KINGS:ss ' ��'' On this 1st day of April,2024,before me came the above-named officer for the Company / aforesaid,to me personally known to be the officer described in and who executed the 0 '.SEAL , preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed ,e'oiiiii o�� hereto is the corporate seal of said Company,and the said corporate seal and his signature WW1, were duly affixed and subscribed to said instrument by the authority and direction of said Company. Sharon Laburda Notary Public,State of New York No.01LA6427697 Qualified in Kings County Notary Public Commission Expires January 3,2026 My Commission Expires January 3.2026 CERTIFICATE I,Lezlie F.Chimienti,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this t3TH day of AUGUST 2025 Assistant Secretary BDJ 1(04-24)00