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HomeMy WebLinkAboutBorja Engineering & Construction, Inc. - Improvements to Kimball Park, Las Palmas Park, Library, and MLK Restrooms - 2026 OWNER- CONTRACTOR AGREEMENT Improvements to Kimball Park, Las Palmas Park,The Library and MLK Restrooms CIP No.26-09 This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Borja Engineering& Construction, Inc ("Contractor") 16766 Bernardo Center Dr Ste 214 San Diego, California 92128 United States, on the ZOIth day of %Sor _ 2026, 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: (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: Borja Engineering & Construction, Inc. Ron Morrison, Mayor, City of National City (Owner/Officer signature) Approved as to form: �'l J (f5Jte.4_f Print name and title Heidi Skinner, 4nrer•ira-City Attorney, City of National City (S- o.• officer signatur if a c rati ) 145 , JP irrYA-5tetr-c- Print name and ti it (16 5I5 Contractor's City Business License No. to`)1It,31 (A I8) State Contractor's License No.and Class l t 13eiz- -De, &do-i . S 7—i�+ Business street address City,State anaJZip 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 Cijy of National City Page 3 of 5 Improvements to Kimball Park,Las Palmas Park.The Library and MLK Restrooms(Non-PLA)(CIP No 26-09),bidding on 05/14/2026 2:00 PM(PDT) Printed 06/08/2026 Item Item tt Code Type Item Description UOM QTY Unit Price Line Total Response Comment Base Bid(MLK Jr.Restrooms) $81,363.38 1 Martin Luther King Jr.CommunityCenter-Bathroom Renovations LS 1 $81,363.38 $81,363.38 Yes Base Bid(Kimball Park General Restrooms) 588,220.00 2 Remove Existing Doors and Hardware and Furnish and Install New Hollow Metal Doors,Exit Devices,Electric Strikes,and Associated Electrical Work at Six(6)Locations LS 1 53,181.43 $3,181.43 Yes 3 Remove and Replace Toilets EA 6 51,624.56 59,747.36 Yes 4 Remove and Replace Toilet Paper Dispensers EA 6 $1,624.56 $9,747.36 Yes 5 Remove and Replace Grab Bars LS 1 $6,514.27 $6,514.27 Yes 6 Remove and Replace Baby Changing Station EA 1 $6,514.27 56,514.27 Yes 7 Remove and Replace Interior and Exterior Lighting LS 1 54,264.47 $4,264.47 Yes 6 Remove and Replace Corroded Ball Valve LS 1 $6,514.27 $6,514.27 Yes 9 Remove and Replace Dual Station Drinking Fountain with Bottle Filler LS 1 $6,514.27 56,514.27 Yes 10 Remove and Replace Sink/Faucet EA 2 $3,257.13 $6,514.26 Yes 11 Remove and Replace Soap Dispenser EA 1 $6,514.27 $6,514.27 Yes 12 Remove and Replace Hand Dryer EA 1 $6,514.27 $6,514.27 Yes 13 Paint and Apply Graffiti Coating the Interior of the 6 Restroom Stalls LS 1 $9,165.23 $9,165.23 Yes 14 Remove Existing Restroom Signage and Install New Restroom Signage LS 1 $6,514.27 56,514.27 Yes Base Bid(Las Palmas Park Pool Restrooms) $52,175.46 15 Las Palmas Park Pool Restroom-Full Renovation LS 1 $33,845.00 533,845.00 Yes 16 Men's Restroom Rehabilitation LS 1 $9,165.23 $9,165.23 Yes 17 Women's Restroom Rehabilitation LS 1 $9,165.23 $9,165.23 Yes Base Bid(National City Library Restroom Partitions) $4,887.22 18 Remove and Replace Restroom Partitions within Existing Four(4)Restrooms LS 1 $4,887.22 54,887.22 Yes Additive Bid(Kimball Park Playground Restrooms) 577,736.07 19 Remove Existing Doors and Hardware and Furnish and Install New Hollow Metal Doors,Exit Devices,Electric Strikes,and LS 1 $3,181.43 $3,181.43 Yes Associated Electrical Work at Two(2)Locations 20 Remove and Replace Toilets EA 2 $1,624.56 $3,249.12 Yes 21 Remove and Replace Toilet Paper Dispensers EA 2 $1,624.56 $3,249.12 Yes 22 Remove and Replace Grab Bars LS 1 $6,514.27 $6,514.27 Yes 23 Remove and Replace Baby Changing Station EA 1 $6,514.27 $6,514.27 Yes 24 Remove and Replace Interior and Exterior Lighting LS 1 53,519.88 $3,519.88 Yes 25 Remove and Replace Dual Station Drinking Fountain with Bottle Filler LS 1 $6,514.27 $6,514.27 Yes 26 Remove and Replace Sink/Faucet EA 1 $6,514.27 56,514.27 Yes 27 Remove and Replace Soap Dispenser EA 1 $3,257.13 $3,257.13 Yes 28 Remove and Replace Hand Dryer EA 1 $6,514.27 $6,514.27 Yes 29 Remove and Replace Water Heaters EA 2 56,514.27 $13,028.54 Yes 30 Paint and Apply Graffiti Coating the Interior of the 2 Restroom Stalls LS 1 $9,165.23 $9,165.23 Yes 31 Remove Existing Restroom Signage and Install New Restroom Signage LS 1 $6,514.27 $6,514.27 Yes Additive Bid(Kimball Park Restrooms along A Avenue) $83,481.71 32 Remove and Replace Door for Plumbing Chase/Storage Room EA 1 $2,436.84 $2,436.84 Yes 33 Remove and Replace Toilets EA 4 $1,624.56 56,498.24 Yes 34 Remove and Replace Toilet Paper Dispensers EA 4 $1,624.56 56,498.24 Yes 35 Remove and Replace Grab Bars LS 1 $6,514.27 $6,514.27 Yes 36 Remove and Replace Urinals EA 2 $6,514.27 $13,028.54 Yes 37 Remove and Replace Baby Changing Station EA 1 56,514.27 $6,514.27 Yes 38 Remove and Replace Interior and Exterior Lighting LS 1 51,895.32 $1,895.32 Yes 39 Remove and Replace Drinking Fountain EA 1 $1,624.56 $1,624.56 Yes 40 Remove and Replace Sink/Faucet EA 2 $1,624.56 53,249.12 Yes 41 Remove and Replace Hand Dryer EA 2 $6,514.27 $13,028.54 Yes 42 Remove and Replace Corroded Plumbing within Plumbing Chase LS 1 $6,514.27 $6,514.27 Yes 43 Paint and Apply Graffiti Coating the Interior of the Mens and Womens Restrooms LS 1 59,165.23 $9,165.23 Yes 44 Remove Existing Restroom Signage and Install New Restroom Signage LS 1 $6,514.27 $6,514.27 Yes City of National City Page 4 of 5 Improvements to Kimball Park.Las Palmas Park.The Library and MLK Restrooms(Non-PLA)(CIP No.26-09),bidding on 05/14/2026 2:00 PM(PDT) Printed 06/08/2026 Item# Item Code Type Item Description UOM CITY Unit Price Line Total Response Comment Additive Bid(Kimball Park Restrooms within Amphitheater) 598,097.37 45 Remove and Replace Doors EA 3 $2,436.84 57,310.52 Yes 46 Remove and Replace Toilets EA 4 $1,624.56 $6,498.24 Yes 47 Remove and Replace Toilet Paper Dispensers EA 4 51,624.56 56,498.24 Yes 48 Remove and Replace Grab Bars LS 1 $6,514.27 $6,514.27 Yes 49 Remove and Replace Urinal EA 1 $6,514.27 56,514.27 Yes 50 Remove and Replace Baby Changing Station EA 1 56,514.27 $6,514.27 Yes 51 Remove and Replace Interior and Exterior Lighting LS 1 53,926.02 53,926.02 Yes 52 Remove and Replace Drinking Fountain EA 1 $1,624.56 51,624.56 Yes 53 Remove and Replace Sink/Faucet EA 2 $1,624.56 $3,249.12 Yes 54 Remove and Replace Hand Dryer EA 2 $6,514.27 $13,028.54 Yes 55 Remove and Replace Water Heaters EA 2 $6,514.27 $13,028.54 Yes 56 Paint and Apply Graffiti Coating the Interior of the Mens and Womens Restrooms LS 1 $9,165.23 $9,165.23 Yes 57 Remove Existing Restroom Signage and Install New Restroom Signage LS 1 56,514.27 56,514.27 Yes 58 Remove and Replace Window in Storage Room EA 1 $1,624.56 $1,624.56 Yes 59 Install Protective Railing per 5DM-115 LF 8 $760.84 56,086.72 Yes Cjty of National City Page 5 of 5 Improvements to Kimball Park.Las Palmas Park.The Library and MLK Resboorrs(Non-PLA)(GIP No 26-09),bidding on 05;14(2026 2:00 PM(PDT) Printed 06108//2026 Line Item Subtotals Section Title Line Total Base Bid(MLK Jr.Restrooms) $81,363.38 Base Bid(Kimball Park General Restrooms) $88,220.00 Base Bid(Las Palmas Park Pool Restrooms) $52,175.46 Base Bid(National City Library Restroom Partitions) $4,887.22 Additive Bid(Kimball Park Playground Restrooms) $77,736.07 Additive Bid(Kimball Park Restrooms along A Avenue) $83,481.71 Additive Bid(Kimball Park Restrooms within Amphitheater) $98,097.37 Grand Total $485,961.21 CC CORPORATE CERTIFICATE AA I, �.�t m Fat certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that S AMSOV , who signed said contract on behalf of the Contractor, was then ?%Q2, 1 ) of said Corporation; that said contract was duly signed for and in beha of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that , who signed said contract on behalf of the Contractor, was then c,› (S-'r`ri of said Corporation; that said contract was duly signed for and in behal of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: PLEASE SEE ATTACHED CALIFORNIA [ ] JURAT [✓l C C\GWT EDGEME�-T � . "vim �t�_.«., i CLEAR 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 Sc rr U'e9 0 On acne 151 ,.01.6 before me, G.A. Goniczlei o no}ic pu.bttC Date Here Insert Name and Title of the Officer Personally appeared So-r SC)n Sc>rJcL Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(ies),andthat by his/her/their signature(s)onthe instrumentthe person(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 _ •cd4"Ne C.A. GONZALEZ correct. +� NOTARY�PUBLIC.CALFORMA WITNESS my hand and official seal. O T r' "woc MY COMSANM.D1EO EXR JUKECOUN 26Y,2U27 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL- Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name Corporate Officer—Title(s) Corporate Officer—Title(s) Partner Limited General Partner Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other Other Signer Is Representing Signer Is Representing _ ©2014 National NotaryAssociation m www.NationalNotary.org o1-800-US NOTARY(1-800-876-6827) Item#5907 Bond Number: 4491002 Premium: $8,289.00 Premium is for contract term and subject to adjustment based on final contract price PERFORMANCE BOND WHEREAS,the City Manager of the City of National City,on the= _day of 31; , 20 26 , has awarded to Borja Engineering & Construction, Inc., hereinafter designated as the "Principal", the Improvements to Kimball Park, Las Palmas Park, The Library and MLK Restrooms CIP No. 26-09. 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 of National City, hereinafter called the "City", in the penal sum of (Four Hundred Eighty-Five Thousand Nine Hundred Sixty-One and Twenty-One Hundredths ($485,961.21) dollars 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 8th day of June , 2026 . Markel Insurance Company (SEAL) Borja Engineering and Construction, Inc. (SEAL)B (SEAL) By (SEAL) Allison Ocampo,A orney-In-Fact (SEAL) cscA f -ate (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 20 , before 'e, the undersigned, a Notary Public in and for said County and tate, personally appeared known to me to be the person whose name is subscribed to the within ins ument as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged • me that he subscribed the name of said corporation thereto as Surety, and his ' n name as attorney-in-fact. NOTE: Signature of those ex:cuting for NOTE: The Attorney-in-fact must attach a Surety must b• properly certified copy of the Power of acknowledged. Attorney. Signature: Name (Type •r Print): Notary Public in and for said County and State My C• mission expires: Sep ati7heQi v 1 POA# 510050 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 R.Strahan,Allison Ocampo, E. B.Strahan 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: Seventy Million and 00/100 Dollars($70,000,000.00) 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 3rd day of March , 2026 SureTec Insurance Company VRANC J���V r Marke urance Comp y 1 )°4 itc•c'dr.: ,f W� �I "AN ;S By: j4C� u� A,y� 34 Yi: By: Michael C.Keimig,President • '�, nrr�uu```,`� indey lennin Ice President State of Texas County of Harris: On this 3rd day of March , 2026 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. ' ;�; KALLYSTA DANAE WHEELER Notary Public State of Texas ey. (� bon,(. ./t-tA.A4 Commission#135531601 �•'.'t"dF��� Kallys anae Wheeler,Notary Public ,, Commission Expires 9/8/2029 My commission expires 9/8/2029 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 8th day of June , 2026 . SureTec Insurance Company r !Insurance Company By: By: M.Brent292p-rx- Secretary An rew Marquis,Assistant Sec ry Any Instrument Issued in excess of the penalty stated above is totally void and without airy valiaity. 510050 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. 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 6(8(� , before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Allison Ocampo 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. ., E.B.STRANAN Notary Public blic• alifornia j ,-x _ DiegoCounty A'.4op , Commission x 2406282 My Comm.Expires Jun 25,2026 Signature (Seal) Bond Number: 4491002 Premium included in performance bond PAYMENT BOND WHEREAS, the City Manager of the City of National City, on the t41day of ,tea , 2026 has awarded Borja Engineering & Construction, Inc., hereinafter designated as the "Principal", the Improvements to Kimball Park, Las Palmas Park,The Library and MLK Restrooms CIP No. 26-09 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 of National City, hereinafter called the "City", in the penal sum of (Four Hundred Eighty-Five Thousand Nine Hundred Sixty-One and Twenty-One Hundredths ($485,961.21) dollars 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 8th day of June , 2026 Markel Insurance Company (SEAL) Borja Engineering and Construction,Inc. (SEAL) BY (SEAL) BY fJ`—(SEAL) Alliso�� campo,Attorney-In-Fact (SEAL) c,UC yQ� (SEAL) Surety Principal ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF ss COUNTY OF On this day of , 20 , bef• e 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 instru nt as the attorney-in-fact of the , the corporation named as Surety in said instrument, and acknowledged to m- that he subscribed the name of said corporation thereto as Surety, and his own :me as attorney-in-fact. NOTE: Signature of those executin: for NOTE: The Attorney-in-fact must attach a Surety must be • operly certified copy of the Power of acknowledged. Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commissi n expires: ATTACH ALL BONDS SQL ordi-Pwl POA# 510050 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 R.Strahan,Allison Ocampo, E. B.Strahan 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: Seventy Million and 00/100 Dollars($70,000,000.00) 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 3rd day of March , 2026 . SureTec Insurance Company gU�NC ``otot r�'�i, Marke urance Comp y OtItiv-'7� ;OI1141 L p� ((EA]7' ? BrMichael C.Keimig,President 1 't � indey Jennin , ice President State of Texas County of Harris: On this 3rd day of March , 2026 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. .• yp•••. KALLYSTA DANAE WHEELER �'���"� e`er` Notary Public State of TexasXfAtkkt:Nr: ir: Commission#135531601 ey. ''e;o �' Kallys Wheeler,Notary Public Commission Expires 9/8/2029_ My commission expires 9/8/2029 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 8th day of June , 2026 . SureTec Insuranc Company r I Insurance Company By: By: M.Brent aty,Assistant Secretary An rew Marquis,Assistant Sec ry Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510050 For verification of the authority of this Power you may call(713l812-08!i0 on any business day between 8:30 AM and 5:00 PM CST. 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 CM9'cW before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Allison Ocampo who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ace 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. l� E.B.57R4HnN Notary Public•California : s; - San Diego County , Commission Y 2406292 Signature (Seal) •" My Comm.Expires Jun 2`..2026