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HomeMy WebLinkAbout2020 CON Tri Group Construction - Roosevelt Smart Growth Corridor Project CIP No. 19-19OWNER - CONTRACTOR AGREEMENT ROOSEVELT SMART GROWTH CORRIDOR PROJECT, CIP NO. 19-19 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Tri Group Construction ("Contractor"), 9580 Black Mountain Road, Suite L, San Diego, CA 92126, on the 15th day of December, 2020, 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 15, above: / Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may other than by an amendment in writing and signed IN WITNESS WHEREOF this Agreement is executed Owner: Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: CL f. Charles • Bcl/,Tr. City Attorney not be modified orally or in any manner by the Owner and the Contractor. as of the date first written above. Contractor: Tri Group Construc io �7i • (Owner/Officer signature) T vsssr Print name and title s-j ANke• (Second officer signature if a corporation) Print name and title 04o 1 8 s-8o Contractor's City Business License No. A State Contractor's License No. and Class -1 SSD $Z., 'Ni Wk.Yr Du.) i20 Business street address 5 rhi City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS„BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) CORPORATE CERTIFICATE 1, 1\io-a1 ,t,•.ssr certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 'v►5 4.$ S 17 , who signed said contract on behalf of the Contractor, was then _ 3 Q..S, 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, \\ Pi M.- daS ST certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that \-1 oN 1. �SS'r , who signed said contract on behalf of the Contractor, was then S �r-11-S" G C34-'''':\ 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: PERFORMANCE BOND EXECUTED IN TRIPLICATE BOND NO. 2314401 PREMIUM: $17,893.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 15th day of December, 2020, has awarded Tri Group Construction, hereinafter designated as the "Principal", the ROOSEVELT SMART GROWTH CORRIDOR PROJECT, CIP NO. 19-19. 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Million, Forty Nine Thousand, Four Hundred Ninety One ($2,049,491.00j lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 3RD day of DECEMBER , 20 20 NORTH AMERICAN SPECIALTY INSURANCE COMPANY BY: / / - O• MARK D. IATAROLA, ATTORNEY -IN -FACT Surety TRI-GROUP CONSTRUCTION AND (SEAL) DEVELOPMENT, INC. (SEAL) EAL) BY: G�%/ (SEAL) (SEAL) HANI ASSI, SECRETARY (SEAL) Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) On this day of , 20before 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 Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of 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 12/3/2020 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/are-subscribed to the within instrument and acknowledged to me that he/shel+hey executed the same in his/ ►r authorized capacity(tes), and that by his/her/thcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �,,.�•�•,. TRACY LYNN RODRIGUEZ COMM. # 2318838 `. ""'e `SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ �MY COMMISSION EXPIRES JANUARY11,2024 Place Notary Seal and/or Stamp Above 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 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: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual Ki Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ............:• is ��..:': i;'::'.:y:':I:� �:ti �:•:1 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 1 2—/`cc/_@ before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC ate Here Insert Name and Title of the Officer personally appeared HANI ASSI Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/a e-subscribed to the within instrument and acknowledged to me that he/she{they executed the same in hisihc authorized capacity(ies), and that by his/Fher/tlhetr signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. Z TRACY LYNN RODRIGUEi COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES r JANUARY 11, 2024 Place Notary Seal and/or Stamp Above 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. 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: HANI ASSI N Corporate Officer — Title(s): SECRETARY ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Other: 0 Guardian of Conservator Signer is Representing: ©2017 National Notary Association SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL AND TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as arc or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS 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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant 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 hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein 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 signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By • Steven P. Anderson, semor Vitt Yns dent of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE 20 19 . State of Illinois County of Cook On this 19THday of JUNE 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington Interational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Punic,- Stale nl Illinois My Commission Enures12/0412021 ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation ON-\ V I M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3RD day of DECEMBER 20 20 . `el -- Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation EXECUTED IN TRIPLICATE BOND NO. 2314401 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 15th day of December, 2020, has awarded Tri Group Construction, hereinafter designated as the "Principal", the ROOSEVELT SMART GROWTH CORRIDOR PROJECT, CIP NO. 19-19. 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Million, Forty Nine Thousand, Four Hundred Ninety One j$2,049,491.O0j 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY 3RD day of DECEMBER , 20 20 . TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. (SEAL) BY: MARK D. IATAROLA, ATTORNEY -IN -FACT Surety (SEAL) (SEAL) BY: / Z. HANI ASSI, SECRETARY Principal (SEAL) (SEAL) (SEAL) 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 Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of 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 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 12/3/2020 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/s#leitrey executed the same in his/weir authorized capacity(ies), and that by his/weir signatures) on the instrument the person(s), or the entity upon behalf of which the person() acted, executed the instrument. �,,..,. TRACY LYNN RODRIGUEZ y .„; COMM. # 2318838 D Z � 7'1 SAN DIEGO COUNTY D NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp Above 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 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: Signer(s) Other Than Named Above: Capacity(Ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual Ki Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: o Corporate Officer — Title(s): ❑ Partner — ❑ Limited D General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association 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 J} On i qa. 7--0 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared HANI ASSI Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose names) is/afesubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/trenitheif authorized capacity(+es), and that by his/herftheir signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp Above 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. OPTIONAL blic 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: HANI ASSI t4 Corporate Officer — Title(s): SECRETARY ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact O Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington Intemational Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL AND TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on 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 or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS 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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey 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 hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein 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 signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." =ar SEAL :a' ?us IA 1973 ajq' za SEAL ' 6 m® SB�m P. Anderson, Sensor Vice Pres dent et Washington tnternatmnal Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Via President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President or Washington International Insurance Company & Senior Vice Vice President of Westpof North ort Insurance Corporation Company IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington Intemational Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE 20 19 . State of Illinois County of Cook ss: On this I9THday of TUNE 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation i OFFICIAL SEAL M. NENNY Notary Public- State nl ulinois My Commission Expires 1LOV30h1 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and'correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington Intemational Insurance Company:and Westport Insurance Corporation which is still in full force and effect. - IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3RD day of DECEMBER 20 -20 Jeffrey Goldberg. Vice President & Assistant Secretary of Washington International Insurance Company & Noah American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation TRI-CON-01 ACALDWELL ,acoRO" CERTIFICATE OF LIABILITY INSURANCE �-. oATDfY YY) 12/9/21912020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rlghts to the certificate holder In lieu of such endorsement(s). PRODUCER Teague Insurance Agency, Inc. 4700 Spring St., #400 La Mesa, CA 91942-0275 NOMTACT A E HONE 61 EXq: ( 9) 464.6851 iac, N.(619) 668-4715 E-MAILinfo@teagueins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Gem in Insurance Company 10833 INSURED Tri•Group Construction and Development, Inc. 9580 Black Mountain Rd, Ste L San Diego, CA 92126 INSURER e:Nationwide Mutual insurance Company 23787 INSURER c:State Compensation Insurance Fund 35076 INSURER D: Westchester Fire Insurance Co. 10030 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IINDICATED. CH THIB CERTIFICATE MAY MBE SOFTANDING ANY REQUIREMENT, TERM OR CONDITION ANY ICDOCUMENTCT OR OTHER I ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEDYTHE POLIC ES DESCRI EDHEREIN SE UB CT TO ALLL THETERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAV BEEN REDUCED BY PAID CLAIMS. 4SR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP IMMIDDIYYYYI LIMITS 1 A X COMMERCIAL GENERAL LIABILITY X VCGP025702 6/28/2020 6/28/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE I—X1 OCCUR DAMAGETORENTED PREMISES(Ea occurrence) $ 50,000 MED EXP (An one person/ $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE I POLICY OTHER: LIMIT APPLIES PER: 5R X � LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS $ 2,000,000 $ B AUTOMOBILE X LIABWTY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOpSS E AUTOS ONFLD X ACPBA3019436616 10/15/2020 10/15/2021 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BrO�DILY INJURYp(Per accident)$ PPeOPEBTY) AMAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 56000208500 6/28/2020 6/28/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTIONS $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER PROPRIETOR/PARTNER/EXECUTIVECUDD (Mandatory In NH) Il yes, descrrbe under DESCRIPTION OF OPERATIONS below Y/N N/A _ 9097926-2020 5/1/2020 5/1/2021 X STATUTE ERi E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 5 1,000,000 E.L. DISEASE -POLICY LIMIT 1,000,000 $ D D Pollution Liability Pollution Liability G27613494006 G27613494006 6/28/2020 6/28/2020 6/28/2021 6/28/2021 Each Occurance General Aggregate 2,000,000 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is repel ea) RE: Project #19-19 Roosevelt Smart Growth Corridor The City of National City is included when required by written contract/agreement as additional insured for ongoing and completed operations with respects to general liability, and additional insured with respects to auto (lability, per forms attached. CERTIFICATE HOLDER City of National City 1243 National City Blvd National City, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cd wt-, ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: VCGP025702 Insured Name:Tri-Group Construction & Development Inc. Number: 11 CG 2010 10 01 Effective Dnte: 06/28/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIOI'iS LIABILITY COVERAGE PART SCHEDULE Name of Person Or Organization: FOR NON-RESIDENTIAL AND NON -MIXED USE PROJECTS ONLY. Any person or organization when you and such person or organization have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury", that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after; (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 1001 Page I of I Policy Number: VCGP025702 Insured Name: Tri-Group Construction & Development Inc. Number: 10 CG20371001. Effective Date: 06/28/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL) IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: FOR NON-RESIDENTIAL AND NON -MIXED USII PROJECTS ONLY. Any person or organization when you and such person or organijZation have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", 'property damage" or "personal and advertising injury", that such person or organization be added as an additional insured on your policy. Location And Description of Completed Operations: FOR NON-RESIDENTIAL AND NON -MIXED USE PROJECTS ONLY. All locations and completed operations for which you and the additional insured have agreed in writing in a contract prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury". Additional Premium: 0.00 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". CG 20 3710 01 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ ) Policy Number: ACPBA3009436616 COMMERCIAL AUTO AC 70 05 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180th day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS - NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional' insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS - BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS - LOSS OF EARNINGS Supplementary Payments of the SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 03 16 with its permission H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS The Fellow Employee Exclusion in SECTION II — COVERED AUTOS LIABILITY COVERAGE is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Corn- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $100,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary AC 70 05 03 16 COMMERCIAL. AUTO AC70050316 substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. •$100 for a covered "auto" you own of the private passenger type, or b. $500 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life•insurance, Health, Accident, or Disability insurance purchased with the lease; and Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission 1 COMMERCIAL AUTO AC 70 05 03 16, 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: )4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. Page 4 of 7 No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Schedule. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der SECTION III — PHYSICAL DAMAGE COVERAGE Coverage Extension. Q. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the follow- ing: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a 3.) Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". R. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $1500 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently 'installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the in- stallation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip - AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO AC70050316 ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, In addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them \with an adjustment made for depreciation and physical condition. T. NEIIV VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III — PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 'I. and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or less which is a "new vehicle." In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a "new vehicle" means an "auto" of which you are the original owner that has not been previ- Page 5 of 7 COMMERCIAL AUTO I AC 70 05 03 16 ously titled and which you purchased less than 365 days before the date of the "loss". U. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; - (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE Page 6 of 7 a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) (3) (4) A partner, if you are a partnership; A member, if you are a limited liability company; or An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Conditions is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as a re- sult, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO EFFECTIVE ALL EFFECTIVE DATES ARE AND AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS MAY 1, 2020 EXPIRING MAY AT 12.01 A.M. BROKER COPY REP 04 9097926-20 RENEWAL SP 3-95-70-4 PAGE 1 OF 1 1, 2021 AT 12.01 A.M. TRI-GROUP CONSTRUCTION AND DEVEL 9580 BLACK MOUNTAIN RD STE L SAN DIEGO, CA 92126 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: APRIL 16, 2020 AUTHORIZED REPRESENTATIVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7.2014) i 2572 OLD DP 217 F 0 Ir orm Wme aparttea. October he Treasury of the ervice rtemal Sevenua Service temal Revenue Request for Taxpayer Identification Number and Certification ► Go to www.Irs.gov/FormW9 for instructions and the latest Information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown TP.T.-Glzcun on your Income tax return). Name Is required on this line; do not leave this line blank. Co,Js-TwG�o-) I. DSv`.t.o?.4-4C•t' aa, mfollowing a. oNI • m c 'rod c g «� Er,another . lC S. N $ 2 Business name/disregarded entity name, it different from above 3 Check appropriate seven box for federal tax classification of the person whose name is entered on Ilne 1. Check only one of the boxes. 4 Exemptions certain entities, Instructions Exempt payee Exemption coda of any) (/vies ro accounts (codes apply only to not Individuals; see on page 3): code (if any) • S Corporation • Partnership • Trust/estate Individual/sole single -member ■ Limited liability proprietor or C Corporation LLC company. Enter the tax classification (C=C corporation. S=S corporation. P-Partnership) the appropriate box In the line above for the tax classification of the single -member owner. Is classified as a single -member LLC that Is disregarded from the owner unless the owner that s not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single from the owner should check the appropriate box for the tax classification of its owner. ► from FATCA reporting Do not check of the LLC Is -member LLC That Note: Check LLC if the LLC LLC Is disregarded inst (s • mattOIKI W bkb rM u s) 6 /Altltlress (number, street, and apt. or sake no.) See instructions. d ass nu bar, street, an cino 3Lccce- tweur3r—f.ir-I i2-0 Requester's name and address (optional) 6 City, state, and ZIP code C q2.1247 S 4r-( _Dv cG •] 7 List acco4mt number(s) here (optional) Identification Number (TIN) d Social security number Part I Taxpayer Enter your TIN in the appropriate box. The TIN provided must match the name given on Ilne 1 to oval backup withholding. For individuals, thls Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entitles, It is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account Is in more than one name, see the Instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Certification or Employer Identification number 3 3 - 0191110 + Is Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I an waiting for a number to be Issued to me); and 2. I am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement QRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but youmust provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.irs.gov/Fom1W9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information retum with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (MN), adoption taxpayer Identification number (ATIN), or employer Identification number (EN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (Interest eamed or paid) Date I. a.-0 8'-2c)� • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan, Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien). to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) City of National City BUSINESS TAX CERTIFICATE "For Services Provided in National City, California Only" Business Name Business Location Business Owner(s) +YCQLItONMI�> NATIONNALL_erry ,1so7tD3 TRI-GROUP CONSTRUCTION & DEVELOPMENT, 9580 BLACK MOUNTAIN RD STE L SAN DIEGO, CA 92126-4522 TRI-GROUP CONSTRUCTION & DEVELOPMENT, TRI-GROUP CONSTRUCTION & DEVELOPMENT, INC. 9560 BLACK MOUNTAIN RD STE L SAN DIEGO, CA 92126-4522 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMITA BUSINESS THAT IS OTHERWISE PROHIBITED. Business Type Account Number Effective Date Expiration Date 2021 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Contractor - General (Based Out Of City) 09048646 January 04, 2021 December 31, 2021 City Manager NOTE: IT IS YOUR OBLIGATION TO RENEW THIS CERTIFICATE WHETHER OR NOT YOU RECEIVE A RENEWAL NOTICE For all inquiries regarding this certificate, contact HdL Business TaIC Support Center at (619) 382-2596. TRI-GROUP CONSTRUCTION & DEVELOPMENT, INC. Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: NationalCity@HdLgov.com or by telephone at: (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector. Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications) +. CAIIPOpaJE NATXUN44Crgy ^I'J7 o ro.w.P)t BUSINESS TAX SUPPORT CENTER 8839 N CEDAR AVE #212 FRESNO, CA 93720-1832 TRI-GROUP CONSTRUCTION & DEVELOPMENT, INC. 9580 BLACK MOUNTAIN RD STE L SAN DIEGO, CA 92126-4522 City of National City BUSINESS TAX CERTIFICATE Account Number: 09048646 Date of Issue: 01/04/2021 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING December 15, 2020 AGENDA ITEM 14 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Tri Group Construction and Development, Inc. in the amount of $2,049,491 for the Roosevelt Smart Growth Corridor Project, CIP No. 19-19; 2) authorizing a 25% contingency in the amount of $512,485 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Carla Hutchinson, Assistant Enginee PHONE: 619-336-4388 EXPLANATION - See attached explanation. DEPARTMENT: Engine APPROVED BY: Works FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Contract Award - $2,049,491(funds are available through prior City Council CIP appropriations): Expenditure Accounts: )6-409-500-598-6605 (Roosevelt Avenue Corridor Smart Growth Revitalization) - $ 1,780,000 109-409-500-598-6035 SB-1 Gas Tax (RMRA) - $ 269,491 25% contingency (funds are available through prior City Council CIP appropriations): Expenditure Account: 109-409-500-598-6035 (SB-1 Gas Tax (RMRA)) - $512,485 FINANCE MIS ENVIRONMENTAL An Addendum, prepared on September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110. ORDINANCE: INTRODUCTION FINAL ADOPTION I STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Tri Group Construction and Development, Inc. in the amount of $2,049,491 for the Roosevelt Smart Growth Corridor Project, CIP No. 19-19. BOARD / COMMISSION N/A TTACHMENTS 1. Explanation w/ Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution • • 0 O O Explanation The project will enhance pedestrian and bicycle connections between Naval Base San Diego, the 8th Street Trolley Station, and Downtown National City. The project will provide streetscape, lighting, signage, mobility options, urban greening, and parking on the east side of Roosevelt Avenue, between 8th Street and National City Blvd. The proposed project is consistent with the adopted Downtown Specific Plan as well as the previous Downtown Specific Plan dated in 2005 and 2012. Therefore, the project does not require environmental review at this time. In the fall of fall 2018, SANDAG awarded the City of National City (City) a $2,080,000 grant ($1,780,000 for Construction and $300,000 for Design) funded by the TransNet Smart Growth Incentive Program, with a local match requirement of $625,000. The City Manager subsequently executed the grant agreement with SANDAG of February 14, 2019. ) l j On November 2, k020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On November 4, 2020 and November 11, 2020, the bid solicitation was advertised in local newspapers. On November 24, 2020, five (5) bids were received by the 1:00 p.m. deadline. Bid results were immediately available for viewing on PlanetBids. Tri-Group Construction and Development, Inc. was the apparent lowest bidder with a total bid amount of $2,049,491. Upon review of all documents submitted, Tri-Group Construction and Development, Inc. bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount of $2,049,491. Staff also recommends authorizing a 25% contingency in the amount of $512,485 to address any unforeseen conditions that may arise. Staff is requesting a 25% contingency to fund unforeseen conditions and additional paving work on Roosevelt Avenue as existing conditions are deteriorated. Staff will fund the contingency through prior City Council CIP Budget appropriations for SB-1 Gas Tax (RMRA). The local Match requirement will be satisfied through SB-1 Gas Tax (RMRA). Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by Fall 2021. Updates will be provided on the City's CIP Projects Dashboard available at: https://www. nationalcitvca.qov/government/engineerinq-public-works (1) w`rdr'ni{- NAT 9,,NAI: CITY Roosevelt Ave. Corridor SmartGrowth Revitalization Project s1nt I i`-'a07r2.d-;tij ^`u 4 „* *i pith* 6*x9-4.E_$ I.3 -jt Main St.\ ( ;,_ 7th 5t. 18th St. SANDAG SGIP Cycle 4 Capital Grant l ;.( L* SANDAG SGIP CAPITAL GRANT 1) Large canopy trees 2) Stormwater runoff parkway 3) Widened walkway 4) Corner bulb -outs 5) Angled parking 6) New lighting 7) Added bike lane Attachment 3.2 Proposed Roosevelt Ave. Corridor Enhancement Plan Features (2) 2 0 CALIFORNIA+ NATIONAL Cfly zNCORPORArai BID OPENING RESULTS NAME: Roosevelt Smart Growth Corridor Project CIP NO: 19-19 DATE: Tuesday, November 24, 2020 TIME: 1:00 P.M. ESTIMATE: $2,070,000 PROJECT ENGINEER: Carla Hutchinson NO. BIDDER'S NAME BID AMOUNT BID SECURITY - BOND 1' Tri-Group Construction & Development, Inc. 580 Black Mountain Rd, Ste. L San Diego, CA 92126 $2,t)49,491.00 Bond 2. MVC Enterprises 27250 Via Industria Temecula, CA 92590 $2,120,643.00 Bond 3. Blue Pacific 7330 Opportunity Rd, Ste. A San Diego, CA 92111 $2,265,226.40 Bond 4. 3-D Enterprises, Inc. 3665 Ruffin Rd, Ste. 103 San Diego, CA 92123 $2,326,000.00 Bond 5. C. S. Legacy Construction, Inc. 5781 Schaefer Ave Chino, CA 91710 $2,344,518.20 Bond Roosevelt Smart Growth Corridor (CIP No. 19-19) Tri-Group Construction & Development, Inc. MVC Enterprises Blue Pacific Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization/Demobilization LS 1 $61,000.00 $61,000.00 $25,000.00 $25,000.00 $100,000.00 $100,000.00 2 Surveying and Construction Staking LS 1 $30,000.00 $30,000.00 $26,500.00 $26,500.00 $30,000.00 $30,000.00 3 Signing and Striping LS 1 $20,000.00 $20,000.00 $67,000.00 $67,000.00 $26,000.00 $26,000.00 4 Traffic Control and Pedestrian Control LS 1 $90,000.00 $90,000.00 $115,000.00 $115,000.00 $80,000.00 $80,000.00 5 Clearing and Grubbing LS 1 $160,000.00 $160,000.00 $45,000.00 $45,000.00 $60,000.00 $60,000.00 6 Water Pollution Control LS 1 $34,000.00 $34,000.00 $16,250.00 $16,250.00 $40,000.00 $40,000.00 1 7 Concrete - Standard Gray With Broom Finish (4" Thick) SF 13000 $11.00 $143,000.00 $12.00 $156,000.00 $12.00 $156,000.00 8 Concrete - Enhanced Concrete With Light Topcast Finish (4" Thick) SF 3550 $17.00 $60,350.00 $15.00 $53,250.00 $14.00 $49,700.00 9 Concrete - Heavy Topcast Finish Band (4" Thick) SF 450 $17.00 $7,650.00 $18.00 $8,100.00 $16.00 $7,200.00 10 Concrete - Seeded Pebble Aggregate Exposed Aggregate Finish SF 530 $19.00 $10,070.00 $18.00 $9,540.00 $16.00 $8,480.00 11 Furnish and Install Sidewalk Underdrain Pipe per SDRSD D-27 Each 11 $500.00 $5,500.00 $450.00 $4,950.00 $400.00 $4,400.00 12 Construct Curb Ramp per SDRSD G-27 through G-32B, Modified per Horizontal and Vertical Plan Each 13 $3,000.00 $39,000.00 $4,750.00 $61,750.00 $4,500.00 $58,500.00 13 Landscape and Irrigation LS 1 $192,000.00 $192,000.00 $242,000.00 $242,000.00 $162,000.00 $162,000.00 14 Tree Planting - 36" Box Each 28 $1,000.00 $28,000.00 $1,150.00 $32,200.00 $2,250.00 $63,000.00 15 Tree Grate - 6'x6' Each 31 $2,500.00 $77,500.00 $4,000.00 $124,000.00 $4,400.00 $136,400.00 16 Tree Grate - 6'x3' Each 5 $2,000.00 $10,000.00 $2,250.00 $11,250.00 $2,450.00 $12,250.00 17 Construct 6" Curb and Gutter per SDRSD G-02 LF 975 $40.00 $39,000.00 $45.00 $43,875.00 $50.00 $48,750.00 18 Construct Cross Gutter per SDRSD G-12 SF 3738 $15.00 $56,070.00 $16.00 $59,808.00 $16.00 $59,808.00 Roosevelt Smart Growth Corridor (CIP No. 19-19) Tri-Group Construction & Development, Inc. MVC Enterprises Blue Pacific Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 19 Construct Commercial Concrete Driveway per SDRSD G-14A, G-14B & G-14D as indicated on plans (7.5" thick) SF 4875 $11.00 $53,625.00 $16.00 $78,000.00 $16.00 $78,000.00 20 Construct Asymmetrical U-Channel with Open Top per Detail D on Sheet 03 LF 33 $110.00 $3,630.00 $145.00 $4,785.00 $100.00 $3,300.00 21 Construct Asphalt Concrete Pavement TON 460 $160.00 $73,600.00 $147.00 $67,620.00 $160.00 $73,600.00 22 Type II Slurry Seal SY 11534 $5.00 $57,670.00 $7.00 $80,738.00 $4.60 $53,056.40 23 Construct Class II Aggregate Base TON 757 $62.00 $46,934.00 $42.00 $31,794.00 $60.00 $45,420.00 24 Furnish and Install Tensar TX-160 Geogrid, or approved equal SY 1678 $24.00 $40,272.00 $10.00 $16,780.00 $10.00 $16,780.00 25 Unclassified Excavation LS 1 $95,000.00 $95,000.00 $45,000.00 $45,000.00 $180,000.00 $180,000.00 26 Removal, disposal and replacement of Unsuitable Material CY 50 $200.00 $10,000.00 $95.00 $4,750.00 $200.00 $10,000.00 27 Pedestrian Light Standard Type S2 Each 19 $4,601.00 $87,419.00 $4,765.00 $90,535.00 $5,000.00 $95,000.00 28 Intersection Light Standard Type S1 Each 4 $9,401.00 $37,604.00 $10,150.00 $40,600.00 $11,500.00 $46,000.00 29 Type S2 Light Foundation Each 19 $1,001.00 $19,019.00 $1,800.00 $34,200.00 $1,100.00 $20,900.00 30 Type S1 Light Foundation Each 4 $1,201.00 $4,804.00 $1,800.00 $7,200.00 $1,200.00 $4,800.00 31 Electrical Point of Connection Each 1 $4,501.00 $4,501.00 $1,210.00 $1,210.00 $2,000.00 $2,000.00 32 Electrical Pull Boxes Each 23 $501.00 $11,523.00 $640.00 $14,720.00 $350.00 $8,050.00 33 Electrical Conduit, Wiring and Trenching LS 1 $90,001.00 $90,001.00 $77,000.00 $77,000.00 $55,000.00 $55,000.00 34 Modified Type A-4 Cleanout Each 2 $8,000.00 $16,000.00 $2,500.00 $5,000.00 $8,000.00 $16,000.00 35 15" PVC SDR-35 Storm Drain Pipeline LF 23 $200.00 $4,600.00 $450.00 $10,350.00 $250.00 $5,750.00 36 16" C900 PVC DR-18 LF 29 $200.00 $5,800.00 $475.00 $13,775.00 $300.00 $8,700.00 37 15" Concrete Collar with 15" A -Lock Water Stop or equal Each 1 $1,000.00 $1,000.00 $1,450.00 $1,450.00 $3,000.00 $3,000.00 38 Concrete Protection Pad LF 21 $100.00 $2,100.00 $750.00 $15,750.00 $100.00 $2,100.00 39 Construct Curb Outlet per SDRSD D-25A Each 1 $4,000.00 $4,000.00 $2,500.00 $2,500.00 $4,500.00 $4,500.00 Roosevelt Smart Growth Corridor (CIP No. 19-19) Tri-Group Construction & Development, Inc. MVC Enterprises Blue Pacific Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 40 Concrete - Standard Gray With Broom Finish (4" Thick) SF 2015 $11.00 $22,165.00 $13.00 $26,195.00 $12.00 $24,180.00 41 Landscape and Irrigation .ump Sur 1 $1,000.00 $1,000.00 $300.00 $300.00 $16,000.00 $16,000.00 42 Tree Grate - 6'x6' Each 4 $2,500.00 $10,000.00 $4,000.00 $16,000.00 $4,400.00 $17,600.00 43 Pedestrian Light Standard Type S2 Each 3 $4,601.00 $13,803.00 $4,765.00 $14,295.00 $5,000.00 $15,000.00 44 Type S2 Light Foundation Each 3 $1,001.00 $3,003.00 $1,800.00 $5,400.00 $1,100.00 $3,300.00 45 Construct Commercial Concrete Driveway per SDRSD G-14A, G-14B & G-14D as indicated on plans (7.5" thick) SF 315 $11.00 $3,465.00 $20.00 $6,300.00 $16.00 $5,040.00 46 Electrical Pull Boxes Each 3 $501.00 $1,503.00 $640.00 $1,920.00 $350.00 $1,050.00 47 Electrical Conduit, Wiring and Trenching LS 1 $15,001.00 $15,001.00 $7,100.00 $7,100.00 $7,250.00 $7,250.00 48 Signing and Striping LS 1 $1,000.00 $1,000.00 $22,000.00 $22,000.00 $1,500.00 $1,500.00 49 Concrete - Standard Gray With Broom Finish (4" Thick) SF 1952 $11.00 $21,472.00 $12.00 $23,424.00 $12.00 $23,424.00 50 Concrete - Enhanced Concrete With Light Topcast Finish (4" Thick) SF 1080 $17.00 $18,360.00 $15.00 $16,200.00 $14.00 $15,120.00 51 Concrete - Heavy Topcast Finish Band (4" Thick) SF 125 $17.00 $2,125.00 $18.00 $2,250.00 $16.00 $2,000.00 52 Concrete - Seeded Pebble Aggregate Exposed Aggregate Finish SF 133 $20.00 $2,660.00 $18.00 $2,394.00 $16.00 $2,128.00 53 Landscape and Irrigation LS 1 $15,000.00 $15,000.00 $28,000.00 $28,000.00 $20,000.00 $20,000.00 54 Tree Planting - 36" Box Each 5 $1,000.00 $5,000.00 $1,150.00 $5,750.00 $2,250.00 $11,250.00 55 Tree Grate - 6'x6' Each 5 $2,500.00 $12,500.00 $4,000.00 $20,000.00 $4,400.00 $22,000.00 56 Pedestrian Light Standard Type S2 Each 3 $4,601.00 $13,803.00 $4,765.00 $14,295.00 $5,000.00 $15,000.00 57 Intersection Light Standard Type S1 Each 1 $9,401.00 $9,401.00 $10,150.00 $10,150.00 $11,500.00 $11,500.00 58 Type S2 Light Foundation Each 3 $1,001.00 $3,003.00 $1,800.00 $5,400.00 $1,100.00 $3,300.00 59 Type S1 Light Foundation Each 1 $1,201.00 $1,201.00 $1,800.00 $1,800.00 $1,200.00 $1,200.00 60 Electrical Pull Boxes Each 7 $501.00 $3,507.00 $640.00 $4,480.00 $350.00 $2,450.00 Roosevelt Smart Growth Corridor (CIP No. 19-19) j Tri-Group Construction & Development, Inc. MVC Enterprises Blue Pacific - Item No Description Unit Qty. Unit Price Extension (Quantity x Unit Unit Price Extension (Quantity x Unit Price Extensior (Qua't ... x Price) Unit Price) Unit Pri 61 Electrical Conduit, Wiringand TrenchingLS 1 $18,001.00 $18,001.00 $13,200.00 $13,200,00 $17,000.00 $17,006.: . 62 Construct Curb Ramp per SDRSD G-27 through G-32B, Modified per Horizontal and Vertical Plan Each 4 $3,000.00 $12,000.00 $4,500.00 $18,000.00 $4,500.00 $18,Ou0.J; 63 Construct 6" Curb and Gutter per SDRSD G-02 LF 191 $40.00 $7,640.00 $45.00 $8,595.00 $60.00 _ $11,46C:0»? 64 Construct 6" Curb per SDRSD G-01 LF 23 $75.00 $1,725.00 _.$45.00 $1,035,00 $50.00 $1,150.C; 65 Construct Cross Gutter per SDRSD G-12 SF 246 $15.00 $3,690.00 $20.00 $4,920.00 $16.00 $3,936.X' 66 Construct Commercial Concrete Driveway per SDRSD G-14A, G-14B & G-14D as indicated on plans (7.5" thick) SF 379 $11.00 $4,169.00 $20.00 $7,580.00 $16.00 $6,064.00 67 Construct Asymettrical U-Channel with Open Top per Detail D on Sheet 03 - LF 16 $110.00 $1,760.00 _ ._$145.00 $2,320.00 $100,00 $1,600.00 68 Construct Asphalt Concrete Pavement TON 90 $160.00 $14,400.00 $147.00 $13,230.00 $200.00 $18,000.00 69 Construct Class II Aggregate Base TON 150 $62.00 $9,300.00 $42.00 $6,300.00 $60.00 $9,000.00 70 Furnish and Install Tensar TX-160 Geogrid, or approved equal SY 308 $24.00 $7,392.00 ; $10.00 $3,080.00 $10.00 $3,080.00 ; 71 Furnish and Install Pedestrian Protective Railing and Handrail per SDRSD M-24 & M-25, Gripping Surface to Conform with 11B-505.7.1 CBC LF 50 $175.00 $8,750.00 $125.00 $6,250.00 $180.00 72 Construct Accessible Sidewalk Ramp with 4" PCC SF 130 $55.00 If $7,150.00 $20.00 $2,600.00 $40.00 $9,000.C.. $5,20O.0 73 Construct Gravity Retaining Wall per SDRSD C- 09 and Detail A on Sheet LC-16.0 LF 220 $115.00 $25,300.00 $220.00 $48,400.00 $400.00 $88,000.00 74 Construct Curb Outlet per SDRSD D-25A Each 2 $4,000.00 $8,000.00 - $2,500.00 $5,000.00 $4,500.00 $9,000.00 ' 75 Construct Type C Inlet Per SDRSD D-03A Each 1 $9,000.00 $9,000.00 51,250.00 $1,250.00 $10,000.00 $10,000.00 Total $2,049,491.00 $2,120,643.00 6 .2 OWNER - CONTRACTOR AGREEMENT ROOSEVELT SMART GROWTH CORRIDOR PROJECT, CIP NO. 19-19 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Tri Group Construction ("Contractor"), 9580 Black Mountain Road, Suite L, San Diego, CA 92126, on the 15th day of December, 2020, 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 quipment necessarylto construct and complete the Prloject 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. Q O (8) 0 a 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 will comply with such provisions before commencing the performance of the Work of this Agreement. 1 1 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 (9) 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 l I This Agreement and the Contract Documents shall be construed under anfl in accordance with the laws ofthe State of California, and the appropriate venue fo 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 15, above: nitial) 5-4 f (Initial) O (10) 0 r 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: Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: Contractor: Tr( Group Construction (Owner/Officer signature) Print name and title (Second officer signature if a corporation) By: otz..QS t Angil P. Morris -Jones City Attorney Print name and title cool Contractor's City Business License No. fi State Contractor's License No. and Class 41.5190 Business street address Co. 9 24 L4 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, 0 (12) EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) (13) CORPORATE CERTIFICATE I, ANC ASS T certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that P S. S. r , who signed said contract on behalf of the Contractor, was then ? 125's 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. 1, \A- Isks= S L certify that I am the Secretary of the 1 I Corporation named as Contractor in the foregoing Contract; that lb. s S. , who signed said contract on behalf of the Contractor, was then 6-44-1100tAiNof 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: o (14) c c PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) ) ss 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: PERFORMANCE BOND EXECUTED IN TRIPLICATE BOND NO. 2314401 PREMIUM: $17,893.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 15Lh day of December, 2020, has awarded Tri Group Construction hereinafter designated as the "Principal", the ROOSEVELT SMART GROWTH CORRIDOR PROJECT, CIP NO. 19-19. WHEREAS, said Principal is required under the terms of said contract to furnish a bond fo5 the faithful performance of said contract. NOW, THEREFORE, we, the Principal and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Million, Forty Nine Thousand, Four Hundred Ninety One ($2,049,491.00jlawful 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 (16) change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 3RD day of DECEMBER , 20 20 . TRI-GROUP CONSTRUCTIONJAND DEVELOPMENT, INC. / , (SEAL) NORTH AMERICAN SPECIALTY INSURANCE COMPANY (SEAL) BY: (SEAL) BY: // (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) HANI ASSI, SECRETARY (SEAL) Principal Surety (17) 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 nalme 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 Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: (18) 0 C 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 I On 12/3/2020 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC , Date personally appeared Here Insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/aFe•subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisMerftlieif 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. TRACY LYNN RODRIGUEZI COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY11,2024 Place Notary Seal and/or Stamp Above 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 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 Sig ner(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact O Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association (19) 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 71 S 0-0oi.. Qe personally appeared before me, } TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer HANI ASSI Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s4 is/ e-subscribed to the within instrument and acknowledged to me that he/,hc/thcy executed the same in hisThcr/t; authorized capacity(ies), and that by his/ffierftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. TRACY LYNN RODRIGUEZr COMM. # 2318838 1. D Z `•_''` `-' SAN DIEGO COUNTY �a= NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp Above 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 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(les) Claimed by Signer(s) Signer's Name: HANI ASSI ti Corporate Officer — Title(s): SECRETARY ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian of Conservator ' ❑ Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing: ©2017 National Notary Association (20) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY OWASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute an appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL AND TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on 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 or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS 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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westpoit Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any twb of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby isauthorized 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 hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein theseal 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 Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By 17/ Steven P. Anderson, Senior Vice Pros dent of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vitt President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE 20 19 . State of Illinois County of Cook ss: On this 19THday of JUNE 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFlMLSFAL s ���. V (+µ,!tics /• r" M,c' SNY 1 Np nd MyCommiss nExpirto to MY Commusinnfaphcs ta0U3031 I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American. Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3RD day of DECEMBER 20 20 North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation • M. Kenny, Notary Public rJ Jeffrey Goldberg, Vice President @ Assistant Secretary of Washington International Insurance Company & North American specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation (21) EXECUTED IN TRIPLICATE BOND NO. 2314401 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 15th day of December, 2020, has awarded Tri Group Construction, hereinafter designated as the "Principal", the ROOSEVELT SMART GROWTH CORRIDOR PROJECT, CIP NO. 19-19. 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, THEREFbRE, we, the Principal and NORTH AMERICAN SPECIALTY INSURAt'JCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Million, Forty Nine Thousand,'Four Hundred Ninety One {$2,049,491.001 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. (22) 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 �II persons for whose benefit such bond is given, and under no circumstances shall Surety Ike 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 3RD day of DECEMBER , 20 20 NORTH AMERICAN TRI-GROUP CONSTRUCTION AND SPECIALTY INSURANCE COMPANY (SEAL) DEVELOPMENT BY: ✓14,-L- D (SEAL) BY: MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) HANI ASSI, SECRETARY Principal Surety (SEAL) (SEAL) (SEAL) (23) 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 nrmed as Surety in said instrument, and acknowledged to me that he subscribed they name of said corporation thereto as Surety, and his own name as attorney -in -fact. ' NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS O O (24) 0 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 12/3/2020 Date personally appeared before me, t TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personM whose name(a) is/ar-esubsJribed to the within instrument and acknowledged to me that he/she/they executed the same in his/iter4hcir authorized capacity(ies), and that by his/herfteir signature(s) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. -- TRACY LYNN RODRIGUEZ/ COMM. # 2318838 D SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp Above 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. OPTIONAL Completing this information con 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: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 1 i Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — D Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association (25) 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 171 qa..pa20 Date personally appeared before me, } TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer HANI ASSI Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a e-subscribed to the within instrument and acknowledged to me that he/Ghc/they executed the same in - his/'-„ authorized capacity(ies), and that by his/hherftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. ,,tp,�rr.,� TRACY LYNN RODRIGUEZ COMM.#2318838 _ =i SAN DIEGO COUNTY ~,<s J' NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp Above 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 II r OPTIONAL atu-o Public 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: HANI ASSI in Corporate Officer — Title(s): SECRETARY ❑ Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: At 143101 ©2017 National Notary Association (26) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY OWASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: 0 JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL AND TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on 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 or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called rd held on March 24, 2000 and Westport Insurance Corporation bS' written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant 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 hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, tlfat 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 signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.". 1Iga11111111//// �,annamny„y� rummy* Ntp310NACGyn`a \J Qy .... D.G� r4P; Oppp ••;fG By y fP� RA L,9 il. 4SEALr Y tn• Steven P. Anderson, Senior Vice President of Washington International Insurance Company i s�,ta 2e' ,% & Senior Wee President of North'Amcrican Specialty Insurance Company SEAL im=_ F; mN & Senior Vim President ofWestportInsurance Corporation = 1 1973 am � e9: �y B � a11111M`•'`C ImtMpwu r� Mice A.Ito, Senior Via President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington Intemational Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE 20 19 . State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 19THday of JUNE 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL ` / M. KENNV ` ! �:c . V 1 —Notary Public —State nI Enacts My Ctrmmima on1 Phcs I M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington. International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3RD day of DECEMBER 20 20 Jeffrey Freidberg, Vice President & Assistant Secretary of Washington International Insurance Company& North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation (27) s s • 0 0 0 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO TRI GROUP CONSTRUCTION AND DEVELOPMENT, INC. IN THE AMOUNT OF $2,049,491 FOR THE ROOSEVELT SMART GROWTH CORRIDOR PROJECT, CIP NO. 19-19; 2) AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $512,485 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Roosevelt Smart Growth Corridor Project, CIP NO. 19-19 ("Project") will enhance pedestrian and bicycle connections between Naval Base San Diego, the 8th Street Trolley Station, and Downtown National City and provide streetscape, lighting, signage, mobility options, urban greening, and parking to the east side of Roosevelt Avenue, between 8th Street and National City Boulevard; and WHEREAS, the proposed Project is consistent with the adopted Downtown Specific Plan as well as the 2012 and 2005 Downtown Specific Plans; and WHEREAS, in the fall of 2018, SANDAG awarded the City of National City ("City") a $2,080,000 grant ($1,780,000 for Construction and $300,000 for Design) funded by the TransNet Smart Growth Incentive Program, with a local match requirement of $625,000; and WHEREAS, the City Manager executed the SANDAG grant agreement on February 14, 2019; and WHEREAS, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, on November 2, 2020, and was advertised in local newspapers on November 4, 2020 and November 11, 2020; and WHEREAS, the City received five (5) bids Project, on November 24, 2020; and WHEREAS, Tri-Group Construction and Development, Inc., is the lowest responsive bidder and is qualified to perform the work as described in the Project specifications with a total bid amount of $2,049,491; and WHEREAS, City staff recommends awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount of $2,049,491; and WHEREAS, City staff recommends authorizing a 25% contingency amount up to $512,485 for any unforeseen conditions that may arise during the Project and for additional paving work on Roosevelt Avenue; and Resolution No. 2020 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards Roosevelt Smart Growth Corridor Project, CIP No. 19-19, to the lowest responsive, responsible bidder, to wit: TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. BE IT FURTHER RESOLVED by the City Council of theCity of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $2,049,491 with Tri-Group Construction and Development, Inc. for Roosevelt Smart Growth Corridor Project, CIP No. 19-19. Said contract is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 25% contingency in the amount of up to $512,485 for any unforeseen changes for additional paving work on Roosevelt Avenue. PASSED and ADOPTED this 15th day of December, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney O O O RESOLUTION NO. 2020 - 226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO TRI GROUP CONSTRUCTION AND DEVELOPMENT, INC. IN THE AMOUNT OF $2,049,491 FOR THE ROOSEVELT SMART GROWTH CORRIDOR PROJECT, CIP NO: 19-19; 2) AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $512,485 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Roosevelt Smart Growth Corridor Project, CIP NO. 19-19 ("Project") will enhance pedestrian and bicycle connections between Naval Base San Diego, the 8th Street Trolley Station, and Downtown National City and provide streetscape, lighting, signage, mobility options, urban greening, and parking to the east side of Roosevelt Avenue, between 8th Street and National City Boulevard; and WHEREAS, the proposed Project is consistent with the adopted Downtown Specific Plan as well as the 2012 and 2005 Downtown Specific Plans; and WHEREAS, in the fall of 2018, SANDAG awarded the City of National City ("City") a $2,080,000 grant ($1,780,000 for Construction and $300,000 for Design) funded by the TransNet Smart Growth Incentive Program, with a local match requirement of $625,000; and WHEREAS, the City Manager executed the SANDAG grant agreement on February 14, 2019; and WHEREAS, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, on November 2, 2020, and was advertised in local newspapers on November 4, 2020 and November 11, 2020; and WHEREAS, the City received five (5) bids Project, on November 24, 2020; and WHEREAS, Tri-Group Construction and Development, Inc., is the lowest responsive bidder and is qualified to perform the work as described in the Project specifications with a total bid amount of $2,049,491; and WHEREAS, City staff recommends awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount of $2,049,491; and WHEREAS, City staff recommends authorizing a 25% contingency amount up to $512,485 for any unforeseen conditions that may arise during the Project and for additional paving work on Roosevelt Avenue; and Resolution No. 2020 — 226 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards Roosevelt Smart Growth Corridor Project, CIP No. 19-19, to the lowest responsive, responsible bidder, to wit: TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $2,049,491 with Tri-Group Construction and Development, Inc. for Roosevelt Smart Growth Corridor Project, CIP No. 19-19. Said contract is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 25% contingency in the amount of up to $512,485 for any unforeseen changes for additional paving work on Roosevelt Avenue. PASSED and ADOPTED this 15th day of December, 2020 ATTEST: Luz Molina, 1 it Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City orney Alejandra Sotelo-Solis, Mayor