HomeMy WebLinkAboutPalm Engineering Construction Company, Inc. - Paradise Creek Educational Park Wetland Expansion Project - CIP No. 21-28 - 2026 OWNER- CONTRACTOR AGREEMENT
PARADISE CREEK EDUCATIONAL PARK WETLAND EXPANSION PROJECT, CIP NO. 21-28
This Owner-Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and
Palm Engineering Construction Company, Inc. ("Contractor"), 7330 Opportunity Road,
Suite A, San Diego, CA 92111 on the 30th 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 f the provisions of this Section 15, above:
in
OS
(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: ‘
Ron Morrison (Owner/Offi er signature)
Mayor, City of National City
Rasoul Shahbazi, President
Attest: Print name and title
24/yt
Heidi Skinner econd officer signature if a corporation)
City Attorney, City of National City
Omar Batta, Secretary
Print name and title
09001100
Contractor's City Business License No.
853930 - A, B, C27& C10
State Contractor's License No.and Class
7330 Opportunity Rd ste A & B
Business street address
San Diego, CA 92111
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
:gym DoisetiptialA: ti ,. unit rk tine T
Base Bid
1 Mobilization/Demobilization LS 1 $55,000.00 $55,000.00
2 Surveying and Construction Staking LS 1 $15,000.00 $15,000.00
3 Traffic Control and Pedestrian Control LS 1 $7,500.00 $7,500.00
4 Unclassified Excavation LS 1 $33,000.00 $33,000.00
Removal, Disposal & Replacement of Unsuitable
5 Material CY 10 $500.00 $5,000.00
6 Water Polution Control LS 1 $15,000.00 $15,000.00
7 Clearing and grubbing LS 1 $30,000.00 $30,000.00
8 Construct gabion wall (street wall) CY 30 $603.00 $18,090.00
9 Construct plastic barrier at gabion wall LF 90 $105.00 $9,450.00
10 Construct 6"concrete header curb LF 127 $80.00 $10,160.00
11 Construct permeable concrete pavers SF 3818 $37.00 $141,266.00
12 Construct 26" high turnback barrier LF 131 $250.00 $32,750.00
13 Construct 8'chain link fence LF 26 $135.00 $3,510.00
14 Buy/Install 92"ADA picnic tables EA 2 $3,500.00 $7,000.00
15 Buy/Install 72" picnic tables EA 2 $3,300.00 $6,600.00
16 Buy/Install benches EA 2 $4,000.00 $8,000.00
17 Buy/Install trash/recycle receptacles EA 2 $2,000.00 $4,000.00
18 Buy/Install park interpretive signage EA 2 $7,500.00 $15,000.00
19 Buy/Install grant acknowledgement signage EA 1 $2,500.00 $2,500.00
20 Furnish and install curb inlet trash capture devices per
SWRCB approved list EA 5 $8,500.00 $42,500.00
21 Controller expansion module EA 1 $1,500.00 $1,500.00
22 Temporary irrigation for wetland and upland
establishment SF 8911 $5.00 $44,555.00
23 Soil prep- upland planting area SF 2020 $5.00 $10,100.00
24 Fine grading SF 9025 $1.00 $9,025.00
25 Shrubs, 5 gallon EA 68 $80.00 $5,440.00
26 Shrubs, lgallon EA 2084 $37.00 $77,108.00
27 180 day maintenance SF 8911 $1.93 $17,198.23
28 Provide/install solar light fixture with concrete footing EA 1 $35,000.00 $35,000.00
29 Qualified Biologist Services LS 1 $45,000.00 $45,000.00
30 Implement Recommended Mitigation Measures Allowance 1 $10,000.00 $10,000.00
Subtotal $716,252.23
Additive Alternate 1
31 Buy/Install 15'X22'shade structure EA 1 $59,500.00 $59,500.00
32 Construct concrete stairs SF 672 $39.33 $26,429.76
33 Construct 6" concrete header SF 105 $65.00 $6,825.00
34 Construct stainless steel handrails LF 81 $300.00 $24,300.00
35 Construct gabion wall at podium CY 47 $500.00 $23,500.00
36 Construct gravel fill under podium and ramp CY 41 $235.00 $9,635.00
37 Provide/install 316SS solar powered unisex restroom LS 1 $253,000.00 $253,000.00
38 Construct concrete paving,4"thick with medium
broom finish SF 266 $49.11 $13,063.26
Connect/connect 4"ABS sewer from modular restroom
39 to existing 4" hub LF 21 $135.00 $2,835.00
40 Connect 1-1/2" pvc water line from modular restroom
to existing 1"gopper line LF 41 $115.00 $4,715.00
41 Construct concrete paving, 17"thick PCC with medium
broom finish restroom foundation SF 110 $115.00 $12,650.00
42 Construct permeable pavers(DEDUCT FROM BASE BID) SF 1245 -$48.00 -$59,760.00
Subtotal $376,693.02
Total $1,092,945.25
CORPORATE CERTIFICATE
I, Omar Batta certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
Rasoul Shahbazi , who signed said contract on behalf of the
Contractor, was then President 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, Omar Batta certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
Rasoul Shahbazi
who signed said contract on behalf of the
Contractor, was then President 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 N/A )
) 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:
CORRECTED ORIGINAL
BOND NO. 7901334082
PREMIUM INCLUDED IN PERFORMANCE BOND
PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No.
, passed the 30th day of June , 2026 has awarded
Palm Engineering Construction Company, Inc. , hereinafter designated as
the "Principal",the Paradise Creek Educational Park Wetland Expansion, CIP No. 21-28.
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225)
and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California
Civil Code to furnish a bond in connection with said contract;
NOW, THEREFORE, we, the Principal and Nationwide Mutual Insurance Company
as surety, are held and firmly bound unto the City of National City, hereinafter called the
One Million Ninety Two
"City", in the penal sum of Thousand Nine Hundred Forty Five&25/100($1,092,945.25) 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 24th day of July
2026
Nationwide Palm Engineering
Mutu I Insurance Company (SEAL) Construction}} Company, Inc. (SEAL)
(SEAL) i� /�---'� (SEAL)
IG
Lawrence F.McMahon,Attorney-In-Fact (SEAL) Rasoul Shahbazi, President (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
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
i 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 7/24/2026 before me, Sandra Figueroa , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Lawrence F. McMahon
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(*/ whose name* is/tit is/tithi subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(M),
and that by his/her/their signature* on the instrument the
^^^ person(, , or the entity upon behalf of which the person(1¢,Ij SANDRA FIGUEROA acted, executed the instrument.
Er r;,_ COMM.#2499159
,4 i.. SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the laws of
�-- NOTARY PUBLIC-CALIFORNIAZ
'°r MY COMMISSION EXPIRES - the State of California that the foregoing paragraph is true
SEPTEMBER 22,2028 and correct.
Witness my hand and official seal.
Signature
Place Notary Seal Above se of Notary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another 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: Lawrence F. McMahon Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s):
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General
d Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT
❑ Trustee OF SIGNER ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Bond Number: 7901334082
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation
hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint:
CHRISTOPHER CONTE;DALE G HARSHAW;GEOFFREY SHELTON;JANICE MARTIN;JOHN R QUALIN;LAWRENCE F MCMAHON;MARIA GUISE;
MINNA HUOVILA;RYAN WARNOCK;SARAH MYERS;TARA BACON
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf on the date thereof
any and all: (i)bonds and undertakings; (ii)Proposal Bonds;(ii)Letters of Surety;(iv)Consent of Surety;and(v)other obligatory instruments of similar
nature,in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and
to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,
transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings
obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;
provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said
documents on behalf of the Company."
"RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,
that said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments.Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of
the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or
stamped on any approved document,contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 23rd day of October,2025.
ad/0
Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF OHIO COUNTY OF FRANKLIN:ss
��un�ixs`,,' On this 23rd day of October,2025,before me came the above-named officer for the
Company aforesaid,to me personally known to be the officer described in and who executed
/'*
SEAL / the preceding instrument,and he acknowledged the execution of the same, and being by me..*O duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal
ckr
affixed hereto is the corporate seal of said Company,and the said corporate seal and his
roloiieiis,o�`♦ signature were duly affixed and subscribed to said instrument by the authority and
direction of said Company.
Karen L.Karn
Notary Public,State of Ohio
No.2018-RE-719796 Notary Public
My Commission Expires
Commission Expires July 7,2028 July 7,2028
CERTIFICATE
I, Lezlie F.Chimienti,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney
issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the
same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly
elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said
board of directors;and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 24th day of
July , 2026
•
Assistant Secretary
BDJ 1(10-25)00
CORRECTED ORIGINAL
BOND NO. 7901334082
PREMIUM: 11,123.00
PREMIUM IS FOR CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
BASED ON ANAL CONTRACT PRICE
PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No.
, passed the 30th day of June , 2026 has awarded to
Palm Engineering Construction Company, Inc. hereinafter designated as the "Principal",
the PARADISE CREEK EDUCATIONAL PARK WETLAND EXPANSION, CIP No. 21-28.
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and
Nationwide Mutual Insurance Company as surety, are held and firmly
bound unto the City of National City, hereinafter called the "City", in the penal sum of
One Million Ninety Two Thousand Nine Hundred Forty Five&25/100 ($ 1,092,945.25
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 24th day of July 2026
Nationwide Palm Engineering
Mutual Insurance Company (SEAL) Constru tion Company, Inc. (SEAL)
(SEAL) (SEAL)
Lawrence F.McMahon,Attorney-In-Fact (SEAL) Rasoul Shahbazi,President (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:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document,to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
County of San Diego
On 7/24/2026 before me, Sandra Figueroa , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Lawrence F. McMahon
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person* whose name is/ilf# subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(W$g,
and that by his/her/their signatureW on the instrument the
SANDRA FIGUEROA personN, or the entity upon behalf of which the person(/$/]
^ ^ COMM.#2499159A, acted, executed the instrument.
��ob
Z t� SAN DIEGO COUNTY
�.,j" NOTARY PUBLIC-CALI ORNIAZ I certify under PENALTY OF PERJURY under the laws of
MY COMMISSION EXPIRES -' the State of California that the foregoing paragraph is true
v v v SEPTEMBER 22,2028 j and correct.
Witness my hand and official seal.
Signature
Place Notary Seal Above ignature of Notary-ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another 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: Lawrence F. McMahon Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s):
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General
Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT
❑ Trustee OF SIGNER ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Bond Number: 7901334082
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation
hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint:
CHRISTOPHER CONTE;DALE G HARSHAW;GEOFFREY SHELTON;JANICE MARTIN;JOHN R QUALIN;LAWRENCE F MCMAHON;MARIA GUISE;
MINNA HUOVILA;RYAN WARNOCK;SARAH MYERS;TARA BACON
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf on the date thereof
any and all:(i)bonds and undertakings;(ii)Proposal Bonds;(ii)Letters of Surety;(iv)Consent of Surety;and(v)other obligatory instruments of similar
nature,in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and
to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,
transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings
obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;
provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said
documents on behalf of the Company."
"RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,
that said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of
the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or
stamped on any approved document,contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 23rd day of October,2025.
4d7(14"
Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
1,11:1111 STATE OF OHIO COUNTY OF FRANKLIN:ss
�'��u1.1!! ` On this 23rd day of October,2025,before me came the above-named officer for the
Art Company aforesaid,to me personally known to be the officer described in and who executed
SEAL / the preceding instrument,and he acknowledged the execution of the same,and being by me
„E,.;E,,,,' *j duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal
affixed hereto is the corporate seal of said Company,and the said corporate seal and his
',;=�I signature were duly affixed and subscribed to said instrument by the authority and
direction of said Company. (/[/
Karen L.Kam �,.✓�"
Notary Public,State of Ohio
No.2018-RE-719796 Notary Public
Commission Expires July 7,2028 my July
7,2 8 p res
CERTIFICATE
I,Lezlie F.Chimienti,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney
issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the
same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly
elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said
board of directors;and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 24th day of
July , 2026
•
Assistant Secretary
BDJ 1(10-25)00