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HomeMy WebLinkAboutRGC General Engineering, Inc. - N Avenue Traffic Circles - CIP No. 25-08 - 2026 OWNER- CONTRACTOR AGREEMENT N AVENUE TRAFFIC CIRLCES CIP NO. 25-08 This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and RGC General Engineering, Inc. ("Contractor"), 310 Davidson Street, Chula Vista, CA 91910 on the 30 day of June, 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) ( is 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: RGC Ge -ral Engineering, Inc. / _ • `46 be Ron Morrison (a ner/Officer signature) Mayor, City of National City Ricardo Cot sident/ r ry Print name !tie APPROVED AS TO FORM: (Sec d icer signa e if a corporation) By: G Rene Cota Vice-President/Treasurer Heidi Skinner, Print name and title -+nter.i►i City Attorney, City of National City 09000652 Contractor's City Business License No. A-899304 State Contractor's License No.and Class 310 Davidson ST Business street address Chula Vista, CA 91910 City,State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE- TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) N AVENUE TRAFFIC CIRLCES CIP NO. 25-08 Item# Item Code Type Item Description UOM QTV Unit Price Line Total Base Bid-General 588,622.00 1 Mobilization/Demobilization LS 1 55,000.00 55,000.00 2 Traffic and Pedestrian Control LS 1 54,122.00 $4,122.00 3 Protection and Restoration of Survey Monuments LS 1 53,000.00 53,000.00 4 Construction Surveying LS 1 565,000.00 565,000.00 5 SWPPP,Water Quality Control L5 1 57,500.00 $7500.00 6 Clearing and Grubbing LS 1 54,000.00 54,000.00 Base Bid-Traffic Circles 5154,247.00 7 Remove and Replace Existing Asphalt Concrete Paving SF 330 $22.00 97,260.00 8 Cold Mill Asphalt Concrete Paving-2"Depth SF 1515 55.80 58,787,00 9 Slurry Seal-Type II SF 76100 $0.61 546,421.00 IS Traffic Circles with Colored and Stamped PCC Pavement SF 100 5158.99 $15,899.00 11 6"PCC Rolled Curb and Gutter(SDRSD G-4) LF 260 524.00 56,240.00 12 6"PCC Curb end Cutter(SDRSD C-02) LF 90 526.00 $2,340.00 13 PCC Cross Gutter(SDRSD C-12) SF 800 $17.00 513,600.00 14 4"PCC Sidewalk(SORSO G-07) SF 400 $10.00 54,000.00 15 PCC Curb Ramp Type A(SDRSD G-27 through G-328) EA 4 53,500.00 $14,000.00 16 Roadway Signage,Striping,and Markings LS 1 520,000.00 520,000.00 17 Procure and Install Solar Speed Feedback Assembly EA 2 57,800.00 515,600.00 18 Adjust Water Valve Cans to Grade EA 2 $50.00 5100.00 Line Item Subtotals Section Title Line Total Base Bid-General $88,622.00 Base Bid-Traffic circles $154,247.00 Grand Total $242,869.00 CORPORATE CERTIFICATE 1, Ricardo Cota certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Ricardo Cota , who signed said contract on behalf of the Contractor, was then PRESIDENT & SECRETARY of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: BOND NO.0104946 PREMIUM:INCLUDED IN PERF.BOND t !!ATA Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) DEVELOPERS SURETY&INDEMNITY COMPANY RGC GENERAL ENGINEERING,INC. 800 SUPERIOR AVENUE E.,21ST FLOOR, 310 Davidson St,Chula Vista,CA 91910 CLEVELAND,OH 44114 OWNER: (Name, legal status and address) CITY OF NATIONAL CITY This document has important legal 1243 NATIONAL CITY BOULEVARD consequences.Consultation with NATIONAL CITY,CALIFORNIA 91950 an attomey is encouraged with CONSTRUCTION CONTRACT respect to its completion or modification. Date: Any singular reference to Contractor,Surety,Owner or Amount: $242,869.00 other party shall be considered Description: plural where applicable. (Name and location) AIA Document A312-2010 combines two separate bonds,a N Ave Traffic Circles Performance Bond and a CIP No.25-08 Payment Bond,into one form. This is not a single combined BOND Date: MAY 8th,2026 Performance and Payment Bond. (Not earlier than Construction Contract Date) Amount: $242,869.00 Modifications to this Bond: IS None 0 See Section 18 CONTRACTOR • PRI CIPAL SURETY Company: (C orat al) Company: (Corporate Seal) RGC GEN . NG ING DEVELOPERS SURE &INDEMNITY COMPANY Signature: ! Signature: .,�` Name Name Bart Stewart,Attorney-in-Fact •PFi!. y act •• ""o/4,0%. =•yJpaR 9�F� and Title: and Title: y/ (Any additional signatures appear on the last page of this Payment Bond.) 3 SEAL;o (FOR INFORMATION ONLY—Name,address and telephone) •'���o AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) STEWART SURETY&INSURANCE SERVICES,INC. 755 NEPTUNE AVE, ENCINITAS,CA 92024 (760)230-1182 AIA Document A312TM—2010.The American Institute of Architects.This document was created on 02/28/2012 11:24:44 under the terms of Init. AIA Documents-on-Demand" order no. 2008406923,and is not for resale.This document is licensed by The American Institute of Architects for 5 one-time use only,and may not be reproduced prior to its completion. 061010 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend.indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312T"-2010.The American Institute of Architects.This document was created on 02/28/2012 11:24:44 under the terms of init. AIA Documents-on-DemandT"order no. 2008406923,and is not for resale.This document is licensed by The American Institute of Architects for 6 one-time use only,and may not be reproduced prior to its completion. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(I)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312",—2010.The American Institute of Architects.This document was created on 02/28/2012 11:24:44 under the terms of init. AIA Documents-on-Demand""order no. 2008406923,and is not for resale.This document is licensed by The American Institute of Architects for 7 one-time use only,and may not be reproduced prior to its completion. §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Developers Surety and Indemnity Company Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312TM-2010.The American Institute of Architects.This document was created on 02/28/2012 11:24:44 under the terms of Init. AIA Documents-on-DemandTn"order no. 2008406923,and is not for resale.This document is licensed by The American Institute of Architects for 8 one-time use only,and may not be reproduced prior to its completion. POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane,43rd Floor,New York,NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that,except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,do hereby make,constitute and appoint: Bart Stewart ,of Encinitas,CA as its true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said companies.as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary.requisite or proper to be done in connection therewith as each of said company could do,but reserving to each of said company full power of substitution and revocation.and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is effective November 14,2025._____,__ This Power ofAttomey is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively."Company")on February 10.2023. RESOLVED,that Sam Zaza,President,Surety Underwriting,James Bell,Vice President,Surety Underwriting,and Craig Dawson,Executive Underwriter, Surety,each an employee of AmTrust North America.Inc.-an affiliate of the Company(the"Authorized Signors"),are hereby authorized to execute a Power of Attorney,qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds,undertakings and contracts of suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the Company be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney. RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company,and the seal of the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF.COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this August 7,2024 st$SURq,�'•.� .t AND/N'•. By: ��• 'APO . O :`JQ'�•D�PORq FZ Sam z % •C.)• Rq1• n `� •`'o TFo?2 Printed dine: O: �••;O • ;%1 President,SuretyUnderwriting Tithe: � a:,SEAL � • : w: 1936 O •'.z : �j'•• o �Pr•�� •;J•••�F•�AWPsc•,••��� :� V•..;9(IFog ,a1:0 ACKNOWLEDGEMENT: ,•,,�� * `��.• '•,��p *'•• ���•` A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF California COUNTY OF Orange On this, day of P1u ST , 203•44, before me, Hoang-Quyen Phu Pham , personally appeared Sam Zaza who proved tome on the bays of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged tome that they executed the same in their authorized capacity,and that by the signature on the instrument the entities upon behalf which the person acted,executed this instrument. I certify,under penalty of perjury,under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HOANGQUYEN.P,PHAN i, Notary Public-California Orange County Signature l" /,7 Commission t 2432970 g ',-! My Comm,Expires Dec 31,2026 CORPORATE CERTIFICATION The undersigned,the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland,Ohio,this August 2,2024. oOCUSgo.d by: By: h„' ;L (IAA Janie Clark,Assistant Secretary 8788803E22364A8... Ed.0824 Docusign Envelope ID:5AB92069-227B-46CB-BD53-00E3A05A3E46 Signed and sealed this ath day of May , 2026 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 -c�ccarrss res,c<liar�r oaccostcscs cxsxxs css 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 May 8, 2026 before me, S. L. Holcomb , Notary Public Date Here Insert Name and Title of the Officer personally appeared Bart Stewart Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S. L. HOLCOMB COMM. 0 2478126 •t.• ', NatARVM •CAL�d11M DIEGO COUNTY Comm. Exp. JAN. 1,2028 Signature_ _ 14) ____ 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 El General ❑ Partner — ❑ Limited ❑General 11 Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee E Guardian or Conservator ❑Other: El Other: _. Signer Is Representing: Signer Is Representing: scce ©2014 National Notary Assodiatlon • www.Naflona1Notary.org • 1-1100=US NU i AR'?11 41-tJD-87"b-b827) 'Item 4/5%7 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF San Diego ) On (9 / I N '7JL4) before me, A-tWWV1 X.0 , Notary Public, Date Insert Name and Title of the officer personally appeared -\ CaYd 0 COt(& Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHLEENXU a;t. :; Commission No.2507204 > -`4, rr NOTARY PUBLIC-CALIFORNIA 2 SAN DIEGO COUNTY `. '/Commission Expires December 19,2028 1 Signature: at*V,/ _? t OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment 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) Signers Name: Signers 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: BOND NO. 0104946 PREMIUM:$4,643.00 , : IA Document A312TM - 2010 s c� Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) DEVELOPERS SURETY&INDEMNITY COMPANY RGC GENERAL ENGINEERING,INC. 800 SUPERIOR AVENUE E.,21ST FLOOR, 310 Davidson St,Chula Vista,CA 91910 CLEVELAND,OH 44114 OWNER: (Name, legal status and address) CITY OF NATIONAL CITY This document has important legal 1243 NATIONAL CITY BOULEVARD consequences.Consultation with NATIONAL CITY,CALIFORNIA 91950 an attorney is encouraged with respect to its completion or CONSTRUCTION CONTRACT modification. Date: Any singular reference to Contractor,Surety,Owner or Amount: $242,869.00 other party shall be considered plural where applicable. Description: AIA Document A312-2010 (Name and location) combines two separate bonds,a N Ave Traffic Circles Performance Bond and a CIP No.25-08 Payment Bond,into one form. This is not a single combined BOND Performance and Payment Bond. Date: MAY 8th,2026 (Not earlier than Construction Contract Date) Amount: $242,869.00 Modifications to this Bond: ®None ❑ See Section 16 CONTRACTOR A 'RINC 'AL SURETY Company: (Corporal' = 4,mpany: (Corporate Seal) RGC GENE'•• E ' E '40. ► VELOPERS SURETY&INDEMNITY COMPANY Signature: • , „,.c„.„/,,.. g /_ A gna re: AND, Name Name Bart Stewart,Attorney-in-Fact ;'0.yam;�PPP°1114; : and Title: and Title: W:SEALg_ (Any additional signatures appear on the last page of this Performance Bond.) 0% :o. °s.�'..quPore',0 c (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: STEWART SURETY&INSURANCE SERVICES,INC. 755 NEPTUNE AVE, ENCINITAS,CA 92024 (760)230-1182 AIA Document A312"—2010.The American Institute of Architects.This document was created on 02h8/10121114:44 under the terms of Init. AIA Documents-on-Demand"order no. 20004069/3 ,and is not for resale.This document is licensed by The American Institute of Architects for 1 one-time use only,and may not be reproduced prior to its completion. 061010 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312 T'—2010.The American Institute of Architects.This document was created on 02/28/2012 11:24:44 under the terms of Init. AIA Documents-on-DemandT"order no. 2008406923,and is not for resale.This document is licensed by The American Institute of Architects for 2 one-time use only,and may not be reproduced prior to its completion. §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AIA Document A312''—2010.The American Institute of Architects.This document was created on 02/28/2012 11:24:44 under the terms of init. AIA Documents-on-Demand',order no. 2008406923,and is not for resale.This document is licensed by The American Institute of Architects for 3 one-time use only,and may not be reproduced prior to its completion. §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Developers Surety and Indemnity Company Signature: Signature: Name and Title: Name and Title: Address: Address: AM Document A312",—2010.The American Institute of Architects.This document was created on e212tR012112444 under the terms of Init. AlA Documents-on-Demand"order no. 20084O623 ,and is not for resale.This document is licensed by The American Institute of Architects for 4 one-time use only,and may not be reproduced prior to its completion. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF San Diego } On (p(I K I?ITL(e before me, Y-OtV1( JA/1 X-U , Notary Public, Date Insert Name and Title of the officer personally appeared ccATaD CO Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 F KATHLEENXI) f =- Conxnieeion No.2507204 ..�, NOTARY PUBLIC-CALIFORNIA i `%^e►yy SAN DIEGO COUNTY S Commission Expires December 19,2028 F} Signature: rw7'La/e c l U OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment 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) Signers Name: Signers Name: ❑Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑ Partner-❑ Limited ❑General ❑ Partner-❑ Limited ❑ General ❑ Individual ❑Attorney in Fact U Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑Other: Signer is Representing: Signer is Representing: