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HomeMy WebLinkAboutSan Diego Mechanical & Energy, Inc. - Replacement of Sump Pumps at NCPD Evidence Room and Garage - 2025 OWNER - CONTRACTOR AGREEMENT REPLACEMENT OF SUMP PUMPS AT NCPD EVIDENCE ROOM AND GARAGE This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and SAN DIEGO MECHANICAL & ENERGY, INC. ("Contractor"), 7568 Trade Street, San Diego, CA 92121 on the 10th day of March, 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: (Initi I) (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: CITY OF NATIONAL CITY Contractor:SAN DIEGO H ICAL& ENERGY, I Ben}ai in Al Martin 7,Cit danag (Owner/Officer signature) $G011 V.I. tiMZH ‘�ZR‘N► etVY N►Av+nGt-Ack Attest: , IVye Gi 6S - G l�i0 '2yC . Print name and title OF tog Barry J. Schultz, City Attorney ' ,.:4:140 ar . econ• • 'nature if o ation) it ' vt.ctovt. a i . _±, - ecv.e Print name and title 0gn2 70 Contractor's City Business License No. O°(10C20 (� ,G12 State Contractor's License No.and Class --/c(Q Totde, - .e-6-4- Business street address a,n —b (eei7) ,� °[Z Z 1 City,State and Zip Coae EXHIBIT A CONTRACT DOCUMENTS Applies to all contracts: 1. Owner/Contractor Agreement 2. Bid Schedule 3. Bid and Post Bid Documents 4. Pre-Bid Addenda, if any 5. National City General Conditions (NCGC) 6. Special Provisions (Specifications) 7. Permits issued by governmental, quasi-governmental and utility agencies 8. Plans, exhibits and drawings 9. Referenced standards, regulations and drawings 10. Applicable Federal and California Law 11. National City Regulations, Ordinances and Council Policies Applies to public right-of-way work: 1. National City Standard Drawings (NCSD) 2. San Diego County Regional Standard Drawings, when not in conflict with NCSD 3. Standard Specifications for Public Works Construction and Regional Supplements (Greenbook, latest edition at time of bid), as edited by NCGC 4. State Standard Specifications 5. State Standard Plans Applies to building and on-site work: 1. California Building, Mechanical, Plumbing and Electrical Codes Applies to work near, around or on public utilities: 1. SDG&E regulations, permits, standard plans and drawings 2. Sweetwater Authority permits, standard plans and drawings 3. Communication company standard plans and drawings shall only apply to work on their facilities. EXHIBIT B CONTRACT PRICE (Attached on the next page) SAN DIEGO MECHANICAL ENERGY V, City of National City National City Police Department 1200 National City Blvd National City, CA. 91950 Attn: Chris Garcia SDME I Replace Sump Pump x 2: Garage r h March 21, 2025 (UPDATED) Proposal: KF-25-010 K,ou y Fr der San Diego Mechanical Energy Sales and Service Estimator 7568 TRADE STREET I 858-566-8200 A SD M E- N C•C011 SAN DIEGO, CA 92121 Lic rile - SAN DIEGO MECHANICAL ENERGYPIG Summary Proposal San Diego Mechanical Energy, Inc. is pleased to provide you with this proposal to replace the Duplex Sewage Sump Pump Assembly(Garage) located at the above referenced address. The proposal includes materials and labor to complete the scope below. Scope of Work • Mobilize to site. • Check in with customer. • Access workspace and stage tools and materials. • LOTO equipment as necessary. • Perform Confined Space Entry with Certified personnel using proper procedures & equipment as required by law to perform repairs within wetwell. • Provide labor and equipment to remove and dispose of the existing pumps, float switches, discharge pipe, and valves. • Supply and install (2) new 3HP Vortex Submersible Pumps with a 208-230V motor, these pumps will be the same make/model that is • indicated on the original control panel. • Includes (2) new 3" pump discharge elbows, to be the same manufacturer as the pumps. • Supply and install (2) new 3" Flanged Epoxy coated swing check valves. • Supply and install (2) new 3" Flanged isolation gate valves. • Supply and install new Sch80 PVC discharge pipe and fittings.The connections will be flanged with stainless steel hardware and gaskets to • reinforce the connections to prevent pulling apart. • Supply and install stainless steel bracing and clamps for discharge pipe. • Supply and install (4) new non-mercury heavy duty float switches, complete with an epoxy coated anchor assembly with a 316SS pull chain. • Includes connecting the pumps and float switch electrical to the existing control panel. • Remove LOTO. • Energize, operate, and verify proper operation. • Turnover to facilities team. • Clean up and check out with client. • Return to shop. 7568 TRADE STREET I 858-566-8200 SDM -I NC.COM SAN DIEGO, CA 92121 Lic #997083 SAN DIEGO MEMECHANICAL ENERGY Exclusions • Any work outside of scope. • Any OSHPD and/or HCAI related requirements are excluded from this proposal. (if applicable) • Unforeseeable existing conditions (including any items of work that could not have in any way been identified at the time of submitting this proposal). • Permits, Title 24, Design, Drawings and Engineering. • Tie into existing Fire Life Safety System. • Relocation of all services, including plumbing, electrical, lighting, controls, and fire safety. • Any repair, upgrade, replacement of electrical service feeds, circuit breakers or disconnects. • Water treatment. • Water Balance. • Isolation and balance valves. • Modifications to the existing systems. • Building Management and HVAC controls. • Structural modifications. • Cutting, Patching, Painting, Drywall, framing, etc. • We assume clean up and debris removal of our trade only. • The above quote does not include any machine work, if necessary. • Roofing, waterproofing, flashings, or roof repairs for other trades (Comp, roll, hot mop, membrane, etc.). • Textura or similar billing service. • Sewer, water, gas, security, and trash removal fees. Clarifications • This proposal is based on visual inspection only. Access to the pump assemblies was not possible. Information for the replacement pump assemblies is based on information listed on the control panel which may or may not be accurate.The facilities team had no data on the existing pump assemblies at the time of SDME site visit.This proposal is subject to a change if unknown information becomes relevant. • Prevailing wage costs have been captured in this proposal. • Bond pricing costs have been captured in this proposal. • Work is to be completed during normal working hours. • A quote will be provided if further repairs are needed. • Provide an estimate to the customer if any major leaks are found, damage to components or parts at additional costs to this proposal. • Lead times and schedules could be affected by material and equipment availability. 7568 TRADE STREET I 858-566-82OO S D M E-I N C.CO M SAN DIEGO, CA 92121 1083 SAN DIEGO IINEMECHANICAL ENERGY Agreement Execution If you should have any questions regarding this proposal, please feel free to contact me. San Diego Mechanical Energy will proceed with the proposed contract as outlined after receiving the authorized client signatures. Project Investment Cost Per Unit Total cost is $29,720.00 Initial Sincerely, Customer Acceptance: Kary Frcc4er Signature: Print Name: Kary Fraser San Diego Mechanical Energy Title kfraser@sdme-inc.com Cell: 619.902.3389 Date: 7568 TRADE STREET I 858-566-8200 SD '4NC,C-OM SAN DIEGO, CA 92121 P997083 SAN DIEGO MECHANICAL ' ENERGY Terms and Conditions • Net 30 • Quoted price is valid for 30 days. • Unless stated otherwise in this agreement, services provided under this agreement will be performed during normal working hours of 7 a.m. to 5 p.m., Monday through Friday. • SDME. will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services. • The agreement does not include responsibility for system design deficiencies, such as, but not limited to poor air distribution, water flow imbalances, system equipment and component obsolescence, electrical failures, unserviceable equipment, and operating the system(s), unless otherwise stated in this Agreement. • SDME will not be liable for delays or failure to obligate due to fire, flood, strike, lockout, freezing, unavailability of material, riots, force majeure, or any cause beyond reasonable control. • SDME is not responsible for the removal or disposal of any hazardous materials,or any cost associated with these materials unless otherwise noted in this Agreement. • The agreement does not include repairing any damage resulting from improper/inadequate water treatment or filter service not supplied by SDME. • This agreement does not include any services occasioned by improper operation, negligence, vandalism, or alterations, modifications, abuse, or misuse, or repairs to equipment not performed by SDME. Unless otherwise agreed, also excluded is the furnishing of materials and supplies for painting or refurbishing existing equipment. • SDME shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, Federal State Municipal, or other authorities except as otherwise included in this Agreement. • In the event either party must commence a legal action to enforce any rights under this contract,the successful party shall be entitled to all court costs and reasonable attorney's fees as determined by the court for prosecuting and defending the claim, as the case may be. • SDME shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. It shall not be liable for expense incurred in removing, replacing, or refinishing any part of the building structure necessary to the execution of this Agreement. It shall not be held liable for any loss by reason of strikes or labor troubles affecting its employees who 7568 TRADE STREET I 858-566-8200 I SDME INC COM SAN DIEGO, CA 92121 Lic#997083 look"_. SAN DIEGO MECHANICAL : ENERGY perform the service called for herein, delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control. • Only SDME personnel or agent are authorized to perform the work included in the scope of this agreement. SDME may, at its option, cancel or waive its obligations under this Agreement should non-authorized individuals perform such work. • This Agreement and all rights hereunder shall not be assignable unless approved by SDME. • SDME's scope of work shall not include the identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event SDME's encounters such material in performing its work, SDME will have the right to discontinue work and remove its employees until the hazard is corrected or it's determined no hazard exists. • This Agreement contains the entire Contract, and the parties hereby agree that this Agreement has been agreed to and the entire Agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or, understanding, oral or written, not contained herein, will be recognized or enforced. • This Agreement does not include the disposal of hazardous waste, any charges incurred for their proper disposal will be borne by the customer as an extra to the contract price. 7568 TRADE STREET 858-566-8200 SDME INC•CO SAN DIEGO, CA 92121 • Lic #997083 -44 SAN DIEGO IONE MECHANICAL ENERGY City of National City National City Police Department 1200 National City Blvd National City, CA. 91950 Attn: Chris Garcia SDME I Replace Sump Pump: Evidence Room .Y M•.M�Ar' .n r M` \ ' . f 1 14, .. - . , yet . • , _. 0,.. , ..,,...„. man 901..1+rme.mteaniit March 21, 2025 Proposal: KF-25-009 Kcuw y Fra er San Diego Mechanical Energy Sales and Service Estimator 7568 TRADE STREET 858-566-8200 S D M E—I N C.CO M SAN DIEGO, CA 92121 II Lic #997083 rie 0 SAN DIEGO MECHANICAL ENERGYFill Summary Proposal San Diego Mechanical Energy, Inc. is pleased to provide you with this proposal to replace the sump pump assembly(Evidence Room) located at the above referenced address. The proposal includes materials and labor to complete the scope below. Scope of Work • Mobilize to site. • Check in with customer. • Access workspace and stage tools and materials. • LOTO equipment as necessary. • Perform confined space entry with certified personnel. (as needed) • Remove and properly dispose of the existing sump pump assembly. • Supply and install (1) new 3HP Vortex Submersible Pumps with a 208-230V motor, this pump will be the same make/model that is indicated on the original control panel. ➢ Includes (2) new 3" pump discharge elbows, to be the same manufacturer as the pumps. ➢ Includes necessary Sch.80 PVC piping and fittings to make the proper connection to the existing discharge. ➢ Includes terminating the pump cords to the existing control panel • Remove LOTO. • Energize, operate, and verify proper operation. • Turnover to facilities team. • Clean up and check out with client. • Return to shop. Exclusions • Any work outside of scope. • Any OSHPD and/or HCAI related requirements are excluded from this proposal. (if applicable) • Unforeseeable existing conditions (including any items of work that could not have in any way been identified at the time of submitting this proposal). • Permits,Title 24, Design, Drawings and Engineering. • Tie into existing Fire Life Safety System. • Relocation of all services, including plumbing, electrical, lighting, controls, and fire safety. • Any repair, upgrade, replacement of electrical service feeds, circuit breakers or disconnects. • Water treatment. • Water Balance. • Isolation and balance valves. 7568 TRADE STREET I 858-566-8200 I SDME-!IN'C■;CO'M SAN DIEGO, CA 92121 Lic#997083 ht-ok, _ SAN DIEGO MECHANICAL ENERGY • Modifications to the existing systems. • Building Management and HVAC controls. • Structural modifications. • Cutting, Patching, Painting, Drywall, framing, etc. • We assume clean up and debris removal of our trade only. • The above quote does not include any machine work, if necessary. • Roofing, waterproofing, flashings, or roof repairs for other trades (Comp, roll, hot mop, membrane, etc.). • Textura or similar billing service. • Sewer, water, gas, security, and trash removal fees. Clarifications • This proposal is based on visual inspection only.Access to the pump assembly was not possible. Information for the replacement pump assembly is based on information listed on the control panel which may or may not be accurate.The facilities team had no data on the existing pump assemblies at the time of SDME site visit.This proposal is subject to a change if unknown information becomes relevant. • Prevailing wage costs have been captured in this proposal. • Bond cost has been captured in this proposal. • Work is to be completed during normal working hours. • A quote will be provided if further repairs are needed. • Provide an estimate to the customer if any major leaks are found, damage to components or parts at additional costs to this proposal. • Lead times and schedules could be affected by material and equipment availability. • Prevailing wage costs have been captured. Agreement Execution If you should have any questions regarding this proposal, please feel free to contact me. San Diego Mechanical Energy will proceed with the proposed contract as outlined after receiving the authorized client signatures. Project Investment Cost Per Unit Total cost is $18,220.00 Initial 7568 TRADE STREET 858-566-8200 S D M E-I N C.COM SAN DIEGO, CA 92121 SAN DIE MECHANICAGOL E N E R G Y Sincerely, Customer Acceptance: Kary Fra x Signature: Print Name: Kary Fraser San Diego Mechanical Energy Title kfraser@sdme-inc.com Cell: 619.902.3389 Date: 7568 TRADE STREET ISDME-INC.COM SAN DIEGO, CA 92121 858-566-8200 in tic#997083 r SAN DIEGO 1 MECHANICAL . iENERGY Terms and Conditions • Net 30 • Quoted price is valid for 30 days. • Unless stated otherwise in this agreement, services provided under this agreement will be performed during normal working hours of 7 a.m. to 5 p.m., Monday through Friday. • SDME.will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services. • The agreement does not include responsibility for system design deficiencies, such as, but not limited to poor air distribution, water flow imbalances, system equipment and component obsolescence, electrical failures, unserviceable equipment, and operating the system(s), unless otherwise stated in this Agreement. • SDME will not be liable for delays or failure to obligate due to fire, flood, strike, lockout, freezing, unavailability of material, riots, force majeure, or any cause beyond reasonable control. • SDME is not responsible for the removal or disposal of any hazardous materials,or any cost associated with these materials unless otherwise noted in this Agreement. • The agreement does not include repairing any damage resulting from improper/inadequate water treatment or filter service not supplied by SDME. • This agreement does not include any services occasioned by improper operation, negligence, vandalism, or alterations, modifications, abuse, or misuse, or repairs to equipment not performed by SDME. Unless otherwise agreed, also excluded is the furnishing of materials and supplies for painting or refurbishing existing equipment. • SDME shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, Federal State Municipal, or other authorities except as otherwise included in this Agreement. • In the event either party must commence a legal action to enforce any rights under this contract,the successful party shall be entitled to all court costs and reasonable attorney's fees as determined by the court for prosecuting and defending the claim, as the case may be. • SDME shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. It shall not be liable for expense incurred in removing, replacing, or refinishing any part of the building structure necessary to the execution of this Agreement. It shall not be held liable for any loss by reason of strikes or labor troubles affecting its employees who ii 7568 TRADE STREET 858-566-8200 I SD -I NC COM SAN DIEGO, CA 92121 • tic#997083 SAN DIEGO MEMECHANICAL ENERGY perform the service called for herein, delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control. • Only SDME personnel or agent are authorized to perform the work included in the scope of this agreement. SDME may, at its option, cancel or waive its obligations under this Agreement should non-authorized individuals perform such work. • This Agreement and all rights hereunder shall not be assignable unless approved by SDME. • SDME's scope of work shall not include the identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event SDME's encounters such material in performing its work, SDME will have the right to discontinue work and remove its employees until the hazard is corrected or it's determined no hazard exists. • This Agreement contains the entire Contract, and the parties hereby agree that this Agreement has been agreed to and the entire Agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or, understanding, oral or written, not contained herein, will be recognized or enforced. • This Agreement does not include the disposal of hazardous waste, any charges incurred for their proper disposal will be borne by the customer as an extra to the contract price. 7568 TRADE STREET I 858-566-8200 I SDME INC CO SAN DIEGO, CA 92121 CORPORATE CERTIFICATE I, f f certify that I am the Secretary of the Cor orati na as Contract r in foregoing Contract;that �- who signed said contract on^ behalf of the Contractor,was then C-t Cv t o A JGt��. /Lt ' KJ 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, l 71.0certify that I am the Secretary of the orp• atio - • as Con • a foregoing Contract;that _ —rho signed said contract on behalf of the Contractor,was then C l:0 o,eAA'�Gti J vs1vo',,,,`y 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: SGivt b.k`etv xtr?clAcm( c-L i lam/t` PARTNERSHIP CERTIFICATE STATE OF CA((- �1 ) ) ss COUNTY OF J aM j 0 ) On this day of 1r 20 Z<before me, the undersigned, a Notary Public in and for said County an State, personally appeared: /U.C6 t'CU\^- V°MCILQVI i(2— + 4, CATHY FILLMORE Notary Public-California f San Diego County Coission M 2450025 o••' My Comm.Expires Jun 13.2027 (Notary Seal) known to me to be C 00 S -P_A of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: c a Name (Type or Print): Ct41 1 , r V L (Notary Public in and for said County and State) My Commission expires: (13 I 2 Z 7 0.3.,.. ..W..i...y.....J,.-t.....A..1.�.�..is..A.•,I PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 10th day of March, 2025 has awarded to SAN DIEGO MECHANICAL ENERGY, INC., hereinafter designated as the "Principal",the REPLACEMENT OF SUMP PUMPS AT NCPD EVIDENCE ROOM AND GARAGE. 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 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 FORTY SEVEN THOUSAND NINE HUNDRED FORTY DOLLARS ($47,940.00) lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 20 . (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name 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 or Print): Notary Public in and for said County and State My Commission expires: PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 10th day of March, 2025 has awarded SAN DIEGO MECHANICAL ENERGY, INC., hereinafter designated as the "Principal",the REPLACEMENT OF SUMP PUMPS AT NCPD EVIDENCE ROOM AND GARAGE. 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 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 FORTY SEVEN THOUSAND NINE HUNDRED FORTY DOLLARS ($47,940.00) 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 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 day of , 20 . (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name 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 or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS Executed in Triplicate Bond No.: 4479975 Premium: $1,199.00 PERFORMANCE BOND Premium is for contract term and subject to adjustment based on final contract price. WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 10th day of March, 2025 has awarded to SAN DIEGO MECHANICAL & ENERGY INC. DBA SAN DIEGO MECHANICAL ENERGY, hereinafter designated as the "Principal", the REPLACEMENT OF SUMP PUMPS AT NCPD EVIDENCE ROOM AND GARAGE. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE,we,the Principal and Markel Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penal sum of FORTY SEVEN THOUSAND NINE HUNDRED FORTY DOLLARS ($47,940.00) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 2nd day of April , 20 25 • San Diego Mechanical&Ene Inc.dba Markel Insurance Company (SEAL) San Die o Mechanical (SEAL) (SEAL) By: (SEAL) Kim Truong, Attorney-in-Fact (SEAL) fie..( cc/NA (SEAL) Surety Principal See attached Notary Acknowledgment. PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name 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 or Print): Notary Public in and for said County and State My Commission expires: 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 Diego } On April 21 ia6 before me, Audrey Rodriguez, Notary Public , (Here insert name and title of the officer) personally appeared Kim Truong 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. /---� UA DREY RODRIGUEZ Notary Public-California Y '-= San Diego County Comissicn;2a13at2 i L My Comm.Expires Sep 2,2026 Notary Public Signatur (Notary Public Seal) '-",._,..,,,,?_.?_Ay — — -" — - — ® ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TIES FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents 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 law. . (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 continued) 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 • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they5-is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. El 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. I] Attorney-in-Fact • Additional information is not required but could help to ensure this E❑ 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. ❑ •.• Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryCiasses.com i 800-873-9865 e Securely attach this document to the signed document with a staple. -1 , POA# 510143 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Michael W.Thomas,Audrey Rodriguez, Kim Truong Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the sin day of July , 2023 . SureTec Insurance Company ,,,,,,,,. Mar : Insurance r•-mpany (s)) (9; c By: i1 42 411 Michael C.Keimig,Preside -•• �.� indey 1e , ice President 1011.10. State of Texas County of Harris: On this 6th day of July , 2023 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. JULIE E. MCCLARY �n Notary Public State of Texas B : Commission#12947680-5 y 11 ie E.McClary,Notary Public °F ,> Commission Expires March 29,2026 y commission expires 3/29/2026 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 2nd day of April , 2025 . ur sur Company Markel Insurance Company By: M.Br nt Beaty,A istant Secretary And w Ma quis,As ' nt Se r tary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.510143 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Executed in Triplicate Bond No.: 4479975 PAYMENT BOND Premium: Included WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 10th day of March, 2025 has awarded SAN DIEGO MECHANICAL & ENERGY INC. DBA SAN DIEGO MECHANICAL ENERGY, hereinafter designated as the "Principal", the REPLACEMENT OF SUMP PUMPS AT NCPD EVIDENCE ROOM AND GARAGE. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Markel Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of FORTY SEVEN THOUSAND NINE HUNDRED FORTY DOLLARS ($47,940.00) 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 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 2nd day of April , 20 25 . San Diego Mechanical&Energ Inc.dba Markel Insurance Company (SEAL) San Diego Me anical r (SEAL) By: " l (SEAL) By: • (SEAL) Kim Truong, Attorney-in-Fact (SEAL) rve I G (Dc(!\A- (SEAL) Surety Principal See attached Notary Acknowledgment. ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name 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 or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 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 Diego } 1 On i 12,2cb2S before me, Audrey Rodriguez, Notary Public , (Here insert name and title of the officer) personally appeared Kim Truong , 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 Ii which the person(s) acted, executed the instrument. l I certify under PENALTY OF PERJURY under the laws of the State of California that 1 the foregoing paragraph is true and correct. 1 1i WITNESS my hand and official seal. ;E'.9`.ryF AUDREY RODRIGUEZ NotaSaryn Die Pubgolic CounCaliforniary I j Z ' mo t - �c '' _ �'/ Commission#2413412 My Comm.Expires Sep 2,2026 Notary Public Signat re (Notary Public Seal) ® 0 i ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM I This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgentsfrom 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 law. (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 continued) 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). I • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they 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. jI 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. II Attorney-in-Fact • Additional information is-not required but could help to ensure this 0 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. • ❑ Other •• Indicate the capacity claimed by the signer.If the claimed capacity is a 11 corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version wwvv.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. 1 POA# 510143 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Michael W.Thomas,Audrey Rodriguez, Kim Truong Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the sth day of July , 2023 . SureTec Insurance Company . � r" Mar • Insurance C'.mpany lSUR AN'cF `csgJ�H���, ti3di� = :. --ofoUf o • It rz;W c, 1g = SEAL f / Michael C.Keimig,Prent �, �.� y Je , ice President • i'iim ma`s State of Texas County of Harris: On this 6th day of July , 2023 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. ii__ _—.__r -,-4~4 r..w... JULIE E. MCCLARY ` T „G = Notary Public State of Texas , , �J By =."' _:' / Commission#12947680-5 J ie E.McClary,Notary Public °, = Commission Expires March 29,2026 y commission expires 3/29/2026 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 2nd day of April , 2025 u sur Company Markel Insurance Company B BY: M.Br nt Beaty,A istant Secretary And w Ma quis,As ' nt Se r tary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510143 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Executed in Triplicate Bond No.: 4479975 Premium: $1,199.00 PERFORMANCE BOND Premium is for contract term and subject to adjustment based on final contract price. WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 10th day of March, 2025 has awarded to SAN DIEGO MECHANICAL & ENERGY INC. DBA SAN DIEGO MECHANICAL ENERGY, hereinafter designated as the "Principal", the REPLACEMENT OF SUMP PUMPS AT NCPD EVIDENCE ROOM AND GARAGE. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW,THEREFORE, we,the Principal and Markel Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penal sum of FORTY SEVEN THOUSAND NINE HUNDRED FORTY DOLLARS ($47,940.00) lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 2nd day of April , 20 25 . San Diego Mechanical&Energy nc.dba Markel Insurance Company (SEAL) San Diego Mechanical r (SEAL) B : �EAL By: (SEAL) Y 7i ( ) Kim Truong,Attorney-in-Fact (SEAL) >��� ` G- 1 l S ✓ -'- (SEAL) Surety Principal See attached Notary Acknowledgment. PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name 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 or Print): Notary Public in and for said County and State My Commission expires: I 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 Diego } On April 2/ ' 222 before me, Audrey Rodriguez, Notary Public (Here insert name and title of the officer) personally appeared Kim Truong 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 myhand and official seal. AUDREY RODRIGUEZ Notary Public-California \ �-- San Giego County ` Commission x 2413412 Y `My Comm.Expires Sep 2.2026 Notary Public Signatu e (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgentsfrom 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 law. (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 continued) 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 • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. lie/she/they;-is lees)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. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. I] Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other o Indicate title or type of attached document,number of pages and date. ❑ 4.. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version vvww.NotaryCiasses.con i 800-873-9865 a Securely attach this document to the signed document with a staple. POA# 510143 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Michael W.Thomas,Audrey Rodriguez, Kim Truong Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the sth day of July , 2023 . SureTec Insurance Company VRA F)) ,,,,,,,,H,z, Mar • Insurance r'.mpany 4xS W ��! ft� -/ • By �� 1 !J e Je ice President Michael C.Keimig,President * ' / ., *""`ss. Y State of Texas •••��� County of Harris: On this 6th day of July , 2023 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. JULIE E. MCCLARY !ce'_ 1 '- i Notary Public State of Texas By. ` G Commission#12947680-5 !J ie E.McClary,Notary Public '' '••••°`' Conarission Wires ires March 29,2026 y commission expires 3/29/2026 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 2nd day of April , 2025 ur sur Company Markel Insurance Company B By: M.Br nt Beaty,A istant Secretary And w Ma quis,As nt Se r tary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510143 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. A.. Executed in Triplicate Bond No.: 4479975 PAYMENT BOND Premium: Included WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 10th day of March, 2025 has awarded SAN DIEGO MECHANICAL & ENERGY INC. DBA SAN DIEGO MECHANICAL ENERGY, hereinafter designated as the "Principal", the REPLACEMENT OF SUMP PUMPS AT NCPD EVIDENCE ROOM AND GARAGE. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Markel Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of FORTY SEVEN THOUSAND NINE HUNDRED FORTY DOLLARS ($47,940.00) 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 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 2nd day of April , 20 25 . San Diego Mechanical&Ener .dba Markel Insurance Company (SEAL) San Diego Me nical En (SEAL) (SEAL) By: l (SE ) Kim Truong, Attorney-in-Fact (SEAL) Q I I Tj S�'L� (SEAL) Surety Principal See attached Notary Acknowledgment. ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name 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 or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 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 Diego } On ( 212OZ before me, Audrey Rodriguez, Notary Public (Here insert name and UUe of the officer) personally appeared Kim Truong 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. Atl.' RODRIGU F Notary PublicDREY CaliforEZnia ex='ram -�-'_ San Diego County Commission,2413412 My Comm.Expires Sep 2.2026 Notary Public Signatur (Notary Public Seal) e ® 4 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgentsfrom 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 law. (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 continued) 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 • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,is fare)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. O 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. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. El Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. Other ❑ . Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryCiasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. •► r POA# 510143 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Michael W.Thomas,Audrey Rodriguez, Kim Truong Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 6th day of July , 2023 . SureTec Insurance Company USN^ ``,s,,,t HCi,,� Mar Insurance mpany \fie.. .....FO • d`s'?o F We i Wi1� j SEAL �_ co .j • iT19 By. Michael C.Keimig,President ,, �'� ���� indey Je ning, ice President ... �nrm nraN IMP State of Texas County of Harris: On this 6th day of July , 2023 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. - JULIE E. MCCLARY Notary Public State of Texas YV I C By: Commission*12947680-5 ; !J ie E.McClary,Notary Public Commission Expires March 29,2026 y commission expires 3/29/2026 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the 2nd day of April , 2025 . ur sur Company Markel Insurance Company B By' — M.Br nt Beaty,A istant Secretary And w Ma quis,As nt Se r tary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.510143 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.