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HomeMy WebLinkAbout2022 CON Portillo Concrete Inc. - Camacho Recreation Center Upgrades CIP No. 22-40OWNER - CONTRACTOR AGREEMENT CAMACHO RECREATION CENTER ADA UPGRADES; CIP NO. 22-40 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard, National City, California 91950 and Pot-tillo Concrete, Inc. ("Contractor"), 3527 Citrus St, Lemon Grove, California 91945, on the day of June 2022 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. . 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, l 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. . MAINTENANCE OF AGREEMENT OC M EITATI N Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials avaiiable at its office at all reasonable times during the term of this Agreement and far three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shawl be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR ACTOR 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. GOVERNINGLAW,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 off the provisions of this Section 15, above: nitial) 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: Brad Raulston City Manager,City of National City APPROVED AS TO FORM: By: Charles E. Bel City Attorney Contractor: PortiIto onor (Owrfer/Officer signature) Mario Portiiio, President/CEO Print name and title (Second officer signature if a corporation) Tina Portillo. Secretary/CFO Print r1;_ir ie and title 09002436 Contractor's City Business License No. 680144 A B, _8 State Contractors License No. and Class 3527 Citrus Street Business street address Lemon Grove, CA 91945 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, SANDAL, 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) 1, Tina Port'llo CORPORATE E TI FI ATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Mario Portillo who signed said contract on behalf of the President/CEO Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority f its governing body and is within the scope f its corporate powers. F 1, Tina Portillo certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Tina Portillo who signed said contract on behalf of the Contractor, was then Secretary/CFO 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 California ) COUNTY of San Diego ) )ss On this 2 th day of June 0 2 before me, the undersigned, a Notary Public in and for said County and State, personally appr d: Mario Portillo & Tina Portillo i ** See attached (NotarySeal) known to me to be Tina Portillo & Mario Porfirio of the partners of _the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: ***See attcahed Name (Type or Print): My Commission expires: Michelle Elston (Notary Public in and for said County and State) May 10, 2023 i . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 \ aS.to "1:�ii!. + wf':av * w w.:"s " ' r ' f �" + *`el .'*! '� '�L' ^ �i "+ .^k\ ... 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 Safi ej 0 On j title 29 20.272 before me, Date personally appeared a a Nofpfy /'J 'c Here Insert Name and Title of the Officer 77'za Q,,,Z,7/a .' 47?74'7'' R,rMio 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 Y under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLE ELSTON COW. li2288038 NOTARY P' • CALIFOINLA SAN DEGO COUNTY 40 Commission Bpires MAY 10, 2023 Place Notaty Seal Above WITNESS my hand and o icial seal. Signature OPTIONAL Signature of otary Public 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 Doaum rat Title or Type of Document: Gr-littfJherP il�/f7�l�Docurrient Date: (%6' (?9'2-441di Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Si ner(s Signer's Name: fl?4nD of�/}D Signer's Name: 77,2a POfi4/fC y_ Corporate Officer — Title(s): Prifidtftelre--c• Corporate Officer — Title(s):�Ptorrf�itt/Ceco � Partner — -- Limited Li General E Partner — L Limited l i General individual i I Attorney in Fact Trustee 7 Guardian or Conservator Other: Signer Is Representing: . i-F6.oeettaiiic individual LI Attorney in Fact Trustee . Guardian or Conservator Other; Signer Is Representing: 44444,41i4.6 ©014 National Notary Association • wvvw.NationalNotary.or • 1-800-US NOTARY 1-800-876-68 7) Item #5907 Issued in Triplicate PAYMENT BOND Bond No.: GS20300021 Premium: Included in performance bond Prez will be adjusted based on final contract price WHEREAS, the City Manager of the City of National City, on the 27th day of June, 2022, has awarded Portillo Concrete, Inc.,, hereinafter designated as the "Principal", CAMACHO RECREATION CENTER ADA UPGRADES, CIP No. 22-40. WHEREAS, said Principal is required by Chapter 5 (cornmendng at Section3225) and Chapter 7 (commencing at Section 7), 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 The Gray Casualty & Surety Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of thirty-five thousand, seven hundred fifty dollars ($35L750.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his `her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond, t Cyndi Beilman, Attorney in fact Surety 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 rescissionof 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 29th day of Jamey , 20 22 The Gray Casualty & Surety Company (SEAL) Portillo Concrete, Inc. EAL) - - (SEAL) Principal (SEAL) (SEAL) (SEAL) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ST OF ) COUNTY OF )ss On this day f , 20 , before me, the undersigned, a Notary Public in an s for said County and State, personally appeared - ! - - - - - — - - - known to me to be the person whose name is subscribed to th • within instrument as the attorney -in -fact of the - the corporation named as Surety in said instrument, and acknowledged to e that he subscribed the name of said corporation thereto as Surety, and his own nam - . s attorney -in -fat. I NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: i-- -- NOTE: The L ttorney-in-fa t must attach a certifie copy of the Power of Attorney. SEE ATTACHED ACKNOWLEDGEMENT Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 1 Wrightman, Inc. 06/29/2022 11:4891576038944 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GS20300021 Principal: Portillo Concrete, Inc. Project: Camacho Recreation Center ADA Upgrades, CIP No. 22-40 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Rebecca James and Cyndi Beilman of LaMesa, California jointly and severally on behalfofeach of the Companies named above its true and lawful Attorneys -in -Pact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of 1 ,000,000,00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003. • "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power ofAttorney to execute on behalf ofthe Company bonds, undertakings, and all contracts of surety, and that each or any ofthem is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 28th day of October, 2021. B State of Louisiana ,670 Michael T. Gray Cullen S. Piske President President The Gray Insurance Company The Gray Casualty & Surety Company ss: Parish ofJefferson On this 28th day of October, 2021, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Leigh Anne H nE an Notary Public. Notary ID N6.92653 Orleans Parish, Louisiana Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana My Commission is for Life 1, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy ofa Power ofAttorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 29th day of June , 2022 0/6.4.4404r.'s 1, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in fullforce and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 2 . _..day of June 1-2022 } vla610,1A-- • 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing thiscertificate 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 6/29/2022 Date before me, Rebecca James personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) Notary Public, 0 (40 REBECCA JAMES COMM. #2346581 NOTARY PU►BUC-CALIFOR SAN DIEGO COUNTY 2 My co...on Expires FEBRUARY f2, 2025 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie ), 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 anoffi ial seal. Signature OPTIONAL Signature of Notary Public Rebecca Jai, p 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L Individual Ej Corporate Officer Titles: EJ Partner Li Limited [1 General Ri Attorney in Fact ct it Trustee [] Guardian or Conservator Other; Signer is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Li Individual Corporate Officer Titles: Partner P1 Lim to LI General P Attorney in Fact Trustee n Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here BID BOND CONTRACTOR: (Name, legal status and address) Portillo Concrete, Inc. 3527 Citrus Street Lemon Grove, CA 91945 OWNER: (Name e, legal status and address) City of National City 1243 National City Blvd., National City, CA 91950 BOND AMOUNT: ten percent (10%) of amount bid PROJECT: (Name, location or address, and Project number. if any) .amacho Recreation Center ADA Upgrades Capita Improvement Project No. 22-40 SURETY: (Nave, legal status and address) Hudson Insurance Company 23975 Park Sorrento, Suite #225 Calabasas, CA 91302 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification_ Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bidand such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid docunments, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, 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. Signed and sealed t . 10th (Witness) day of June, 2022. Portillo Concrete, Inc. (Principal) (Seal) (Title)"> o '/a, .S' ► i (Title Cyndli Baiiman, Attorney -in -Fact This Document conforms to the AIA Document A31 -- 2010 1 tt Bond Number: HA10104416 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint • Cyudi Beilman of the State of CA its true and lawful Attorneys -in -Fact, at New York, New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Twenty Five Million Dollars ,000,000.00. Such bonds and undertakings when duly executed by said Attorneys) -in -Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized, on this 23rd day of August, 2021 at New York, New York. 4- n Attest..,.,:,,:+.+... Dina Daskalakis Corporate Secretary 141 STATE OF NEW YORK COUNTY OF NEW YORK. SS. HUDSON INSURANCE COMPANY 1E13111%.. ■r• •....a . ... OEM ... ... ... +.• ... •.. ... .r. ... ... " Michael P. Cifone Senior Vice President On the 23rd day of _ An ust, 2021 before me personally came Michael P. Cifone to me known, who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY, the corporation described herein and which executed the above instrument, that he knows the seal ofsaid Corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors ofsaid Corporation, and that he signed his name thereto by like order. r 4 is.... ....+s .+. .... . +... . + .............. ++. ++ .. ...... + A so Notarial Seal)F0▪ 1,/' . c L i.a don r m i # ea \ i dim G / * , - . � _ _ � # - d CERTIFICATION STATE OF NEW YORK '‘,/� ,40 . COUNTY OF NEWYORK '"iice, a of S+' e ll we 41▪ 1▪ . MIR Fe CnM7, )6fer CAMROI URLAY Notary Public, State of New York No. 01G06372305 Qualified in New York County Commission Expires June 4, 2022 The undersigned Dina Daskalakis hereby certifies: That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27th, 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on thisCompany's surety business, and to empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still .in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. Witness thi hand of the undersigned and the seal of said Corporation this lOth day of June 20 .. ... ... ..... + + .. ... ..... Dina Daskalakis, Corporate Secretary 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 San Diego o g On 6/10/2022 Date personally appeared before me, Pam Davis , Notary Public, Insert Name of Notary exactly as it appears an the official seal Cyndi Beilrnan Name(s) of Signer(s) PAID DAVIS COMM. #2359823 NOTARY PUBLIC-CALIFORNIA 05 SAN DIEGO COUNTY My Commission Expires JUKE 1, 2025 Place Notary Seal Above 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. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my nand -aria- fficial sea Signature Signature of Natal OPTIONAL Public 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: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -- ❑ Individual Corporate Officer Title(s): 0 Partner 0 Limited LI General Attorney in Fact Trustee El Guardian or Conservator Other. If la Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: Signer s Name: Individual Corporate Officer —Titles) El Partner LI Limited Q General El Attorney in Fact M Trustee El Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Issued in Triplicate PERFORMANCE E BOND Bond No.: GS2030002 1 Premium: $67 .0 PleiliUM will be adjusted bad on final contract price WHEREAS, the City Manager of the City of National City, on the 27th day of June, 2022, has awarded to Portillo Concrete, in ., hereinafter designated as the "Principal", CAMACHO RECREATION CENTER ADA UPGRADES, CIP No. 22-40. 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 The Gray Casualty & Surety 'om any as surety, are held and firmly bound unto the City of National City, hereinafter called the"City", in the penal sum of thirty-five thousand, seven hundred fifty dollars ($35750.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and. save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys 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 29th day of June The G_iriy Casualty & Surety Company r Cy di Heilman, Attorney in fact (SEAL) ~- (SEAL) (SEAL) Portillo Concrete, Inc. Surety Principal 20 2- (SEAL) (SEAL) (SEAL) PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURErf TE OF ) COUNTY On this d . , 20 , before me, the undersigned, a Notary Public in and said County whose name is subscribed to within in said instrument, and acknowledged to ss ) and State, personally appeared known to me to be the person instrument as the attorney -in -fact of the _ , the corporation named as Surety that he subscribed the name of said corporation thereto as Surety, and his own name a-ttorne-in-fact. NOTE: Signature of those executing for NOTE: The Atto ey_in-fact must attach a Surety must be properly acknowledged. certified copof the Power of Attorney. Signature: SEE ATTACHED ACKNOWLEDGEMENT Name (Type or Print): Notary Public in and for said County and State My Commission expires: Wrightman, Inc. 06/2 12022 10:55 956130041764 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond lumber: GS20300021 Principal: Portillo Concrete, Inc. Project: Camacho Recreation Center ADA Upgrades, CIP No. 22-40 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws ofLouisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Rebecca James and Cyndi Beilman of LaMesa, California jointly and severally on behalfof ofthe Companies named above its true and lawful Attorneys -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $15,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 266 day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power ofAttorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 281h day of October, 2021. By: 6/0 Michael T. Gray Cullen S. Pike President President The Gray Insurance Company The Gray Casualty & Surety Company State ofLouisiana ss: Parish ofJefferson On this th day of October, 2021, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Aftorney and affixed the seals of .the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Leigh Anne. Henican Notary Public Notary ID: No.'92653 Orleans Parish, Louisiana Leigh Anne Henican Notary Public, Parish of Orleans State ofLouisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power ofAttorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals ofthe Company this 29th day of June , 2022 0/4,4,440,14' s I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct copy ofa Power of Attorney given by the conpanies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 29th ,day of June ,2022 '&`A�4 uvvvui kk1kACe7U -- „—d • • 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 On6/29/2022 Date before me, Rebecca James personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the official seal , Notary Public, Name(s) of Signer(s) REBECCA JAMES COMM.#2346581 NOTARY PUBLIC-CALIFORMA Cb SAN DI GO COUNTY My Commission Expires FEBRUARY 12, 2025 Place Notary Seal Above 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. Signature Signature of Notary Public Rebecca; arnes 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by igner(s) Signer's Names © Individual El Corporate Officer Title(s): Partner E Limited D General RI Attorney in Fact Trustee [1 Guardian or Conservator fl Other: Signer is Representing: Number of Pages: 1 RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual 0 Corporate Officer Title(s): Partner E Limited LI General • Attorney in Fact • Trustee ❑ Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here • Issued in Triplicate PAYMENT BOND Bond No.: GS20300021 Premium: Included in performance bond Premium will be adjusted based on final contract price WHEREAS, the City Manager of the City of National City, on the 27th day of June, 2022, has awarded Portillo Concrete, Inc., hereinafter designated as the "Principal", CAMACHO RECREATION CENTER ADA UPGRADES, CIF No, 2-40, WHEREAS, said Principal is required by Chapter 5 (cornmencing at Section 3225) and Chapter (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 The Gray Casualty & Surety Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of thirty-five thousand, seven hundred fifty dollars ($35175p.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fait 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 attorneys 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, .1i IvIfie'el r4jriti nro:1 ,7q 8frk 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 WHEEOFthree 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 29th day of June , 2022 The Gray Casualty Surety Company Cyndi Beilman, Attorney in fact Surety (SEAL) (SEAL) (SEAL) IPortillo Concrete, Inc. (SEAL) (SEAL) (SEAL) Principal ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ST * OF } COUNTY of )ss On this day , f , 20 , before me, the undersigned, a Notary Public in anfor said County and State, personally appeared known to me to be the person whose name is subscribed to th within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to e that he subscribed the name of said corporation thereto as Surety, and his own nam - y s attorney -in -fact, NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: NOTE: The * ttorne _in -fact must attach a certifie copy of the Power of Attorney, SEE ATTACHED ACKNOWLEDGEMENT Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS • Wrightman, Inc. 0 l 9/ 0 2 10:55 956130041764 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GS20300021 Principal: Portillo Concrete, Inc. Project: Camacho Recreation Center AA Upgrades, CIP No, 22-40 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Rebecca James and Cyndi Bei!man ofLaMVfesa, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of 1 , 00,00 .0 . This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 'h day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power ofAttorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any ofthem is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal ofthe Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 28th day of October, 2021. y: 7‘41, Michael T. Gray Cullen S. Piske President President The Gray Insurance Company The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 28th day of October, 2021, before me, a Notary Public, personally appeared Michael T. Gray, President of The Cray Insurance Company, and Cullen S. Piske, President of The Cray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Leigh Anne Henican Notary Public Notary ID No.92653 Orleans rParish, Louisiana hvvta 01/6 c6n/L, Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Cray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power ofAttorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals ofthe Company this 2gth day of June ,2022 0/4.4 plebi-v."-6 I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct copy of Power ofAttorney given by the companies, which is still in full three and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 29th _.day of June - , 2022 " : . • hOVVI re • 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 6/29/2022 Date before me, Rebecca James personally appeared Cyndi Bellman } Insert Name of Notary exactly as it appears on the official seat Name(s) of Signer(s) Notary Public. 0 REB C A JAMES COMM. #1 NOTARY PUB , - AL.IFORNIA SAN DIEGO COUNTY (2 My Commission Expires FEBIRUARY 12, 2025 Place Notary Seal Above 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. 1 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 sea Signature OPTIONA L SignatureNotary Public Rebecca es Though the information below is not required by lawn 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: Signer(s) Other Than Named Above: Capacity ies) Claimed by Signer(s) Signer Name: ❑ Individual ❑ Corporate Officer Title(s): ® Partner El Limited El General gi Attorney in Fact ❑ Trustee ❑ Guardian or Conservator [] Other. Signer is Representing: Number of Pages: RIGHT THUMBPRINT OFSIGNER Top of thumb here Signer's Name: fl Individual Corporate Officer Title(s): E Partner ❑ Limited El General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer is Representing. RIGHT THUMBPRINT OF SIGNER Top of thumb here