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HomeMy WebLinkAbout2022 CON Tri-Group Construction - V Avenue CIP No. 22-39OWNER - cii_14T1W_TOR.AGitEEMENT fi STORM pRAIN REPAIRS ON "" AVENUE, CIP NO. 22-39 This owner -Contractor Agreement ("Agreement") is made by and between the City of National Cfty, 1243 National City Boulevard %National City, California 91950 and Trl- Gr u) Construction and peyelopment. Inc ("Contrctor"), 9580 Black_ 1i u ntain Road, Suite 1, San Diego, CA 92126 on the 16th day of June, 2022, for the constrUction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plate 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. ,- . CONTRACT PRICE 4 A, Owner hereby agrees to pay and the Cckntractor 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 tli Agreement and the Contractor shall construct the project in every detail to complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. • 4. NON-DISCRIMMATION 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. p. • I, . 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 an.d enforcement of all Work performed in connection with this Agreement. . WORKERS' ERS' PEI SATIO 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 thisAgreement" . 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. B. 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 years from the date of final payment under 'this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. . 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 theContract 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: 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Brad Raul ton, City Manager City of National City APPROVED AS TO FORM: By: Charles E. Bell City Attorney Contractor: (Owner/Officer signature) HANI ASS! SECRETARY OF CORPORATION Print name and title (Second officer signature if a corporation) is I, Pithe4 Gi,14 "A'S Sri Print name and title 04? 6, 41c) Contractor's City Business License No. ""I' State Contractor's License No. and Class v �Sg� 4�1.�1G %oV� � i�1 r1 Si �- Business street address 'D _ Gc, Cam, � L c Z (a City, State and Zip Code 1 r • • • 4 r r r • • AI to F • . .. 4 i • C • L SI EXHIBIT A CONTRACT O U MEN TS 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 reen book State Standard Specifications State Standard Plans California Building, M hanical, 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 1 CONTRACT PRICE (!VOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) CORPORATE CERTIFICATE I, `` 51 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Pr-zi tk, Contractor, was then who signed said contract on behalf of the Nti c-450 ?US., 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. • \t4 "60 hsS� certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that (c-14 tk_s•sAisft '‘6m-s," /14-“a: , who signed said contract on behalf of the Contractor, was then ` ''`'` of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate sea l : R PARTNERSHIP CERTIFICATE STAVE OF _ .} COUNTY OF )s5 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. 7901023428 PREMIUM: $ 1 .00 PREMIUM IS FOR ONTI ACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Manager of the City of National City, on the 16th day of June, 2022 has awarded to Tri Group Construction and Development. Inc., hereinafter designated as the "Principal", the STORM DRAIN REPAIRS ON "V" AVENUE PROJECT, CIP No. 22-39. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and NATIONWIDE WIDE MUTUAL INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "City", in the penal sum of THIRTY EIGHT THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($38400) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 23RD day of JUNE , 0 22 NATIONWIDE MUTUAL INSURANCE COMPANY (SEAL) (SEAL) SANDRA FIGUEROA, ATTORNEY -IN -FACT (SEAL) Surety TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. (SEAL) HANI ASSI, SECRETARY//V* (SEAL) _ (SEAL) Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 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 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 } Can / / 0 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date personally appeared Here Insert Name and Title of the Officer SANDRA FIGUEROA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name isfe-subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in his/her/their authorized capacity ), and that by 'heritheir signature(s) on the instrument the person( , or the entity upon behalf of which the personN acted, executed the instrument. fiRA Y LYNN RODRIGUEZ SCOMM. # 2318838 AN DIEGO COUNTY NOTARY PUBLIC-CALIFORNBA MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Sea/ 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 1 Sig , tur"e Notc it ublic 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(les) Claimed by Signer(s) Signer's Name: SANDRA FIGUEROA Number of Pages: Signer's Name: El Corporate Officer — Title(s): 0 Corporate Officer — Title(s): 0 Partner — D Limited D General o Individual Attorney in Fact ❑ Individual fl Attorney in Fact o Trustee 0 Guardian of Conservator o Trustee O Other: 0 Other: o Partner — ❑ Limited ❑ General Signer is Representing: ©2017 National Notary Association Guardian of Conservator Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 *. 4.- it— we 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 _ AN DIEGO on (4t1' VZ /2-0ZZ Date personally appeared } before me, T'UYNN R Dr I+ UE , NOTARY PUBLIC Here Inert Milne and Title of the Officer HANI ASSI Name(s) of S/ rer"( ) who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/afe-subscribed to the within instrument and a knowredged to me that he/she/they executed the same in his/her/their authorized capacity), and that by his/her/their signature() on the instrument the person( , or the entity upon behalf of which the person() acted. executed the instrument. { r .. CY LYNN RODRr UEZ )tvivi,#2318838 DIEGO COUNTY NOTARY PU UC- AL FORNI' MY COMMISSION EXPIRES JA U RY11,2074 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 Sig ture otar Pt Completing ing► 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 SI ner(s) Signer's Name: HAM ASSI iic Number of Pages: Corporate Officer — Title(s): SECRETARY Partner— 0 Limited 1 General E Individual 0 Attorney in Fact E Trustee 0 Guardian of Conservator L Other Signer is Representing: Signer's Name: o Corporate Officer Title(s): o Partner — o Limited 0 General Cl Individual Attorney in Fact cl Trustee 0 Guardian of Conservator o Other: Signer is Representing: 2017 National Notary Association I Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: HELEN MALONEY; EY; JOHN MALONEY; MARK D IATAR LA; SANDRA FI UER A; TRAY LYNN R DRI UE ; each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties riot exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, LVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." RELIED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Companythereto; provided, however, that said seal shall not be necessary for the validity of any such documents?' This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. 1N WITNESS WHEREOF, EOF, the Company has caused this instrument to he sealed and duly attested by the signature of its officer the 20th day of August, 2021. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public, State of New York No, 02M 6270117 Qualified In New York County Commission Expires October 19, 2024 Notary Public My Commission Expires October 19, 2024 to CERTIFICATE I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 23RD day of JUNE 20221(, • 611° V:4 Assistant Secretary BD.I 1 08- 1)00 EXECUTED IN TRIPLICATE BOND D ! O. 7901023428 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Manager of the City of National City, on the 16th day of June, has awarded Tri Group Construction and Developments Inc., hereinafter designated as the "Principal", the STORM DRAIN REPAIRS ON "V" AVENUE PROJECT, CIP NO. 22-39. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, , THEREFORE, we, the Principal and NATIONWIDE IDE MUTUAL INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "City", in the penal sum of THIRTY EIGHT THOUSAND FOUR HUNDRED ED LLAF AND NO ENT ($38,400) 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 f the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorneys fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 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 theclaimant 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 23RD day of JUNE 20 22 NATIONWIDE MUTUAL INSURANCE COMPANY (SEAL) AND DEVELOPMENT, PIt NT, INC. (SEAL) (SEAL) SANDRA FIGUEROA, ATTORNEY -IN -FACT (SEAL) Surety TRI-GROUP CONSTRUCTION HANI AI, SECRETARY Principal (SEAL) (SEAL) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF j )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 wn 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. INOTE: 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 111 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only tne 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 O SAN DIEGO } 6/23/2022 before me, TRACY LYNN RC DRI UE , NOTARY PUBLIC Date personally appeared Here Insert Name and Title of the Officer SANDRA FIGUEROA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name( istarc subscribed to the within instrument and acknowledged to me that he/she/ft-key executed the same in4i€Therititeir authorized capacity ), and that by-I9-i-siher/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the persons.) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. #218838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES li JANUARY 11, 2024 Pace Notary Sea! and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true andcorrect. WITNESS my hand and official seal. Signature `1.�� � • Sig tore otu6lic 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 Na rned Above: Capacity(ies) Claimed by Signer(s) Signer's Name: SANDRA FIGUEROA ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Individual ▪ Trustee O Other: NuberofPages: ►� Attorney in Fact Guardian of Conservator Signer is Representing: T •ik i' '-�Y f+ • Yr t'a'�'i. YS-!i Signer's Name: o torpor ate Officer — Title(s): 0 Partner — ❑ Limited ❑ General Individual o Attorney in Fact • Trustee ❑ Guardian ofConservator ❑ Other: Signer is Representing: 4 S } ii.n -}•{.. 'tom• i7nf+ i #.i ,li pl} •, �'. a i i. ■ a. t � i rr-'i�`i t.11 i ^R k i. !rt.: 'Y`i ." =1 �4" i Y-1' i ! t - 11 i Y Z 16' '! _ r■ •i�. .� /. ,.i i it .ri,'` 4• • 'k_ tk �■ +'a .�.• i .. j"�i... - .- • #: �3� •.ie k.. A f!. !Y � f �']� k • yet 017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ENT CIVIL CODE § 1189 10-14R4,4444*44 A notary public or other officer completing this certificate verifies onlythe 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 (c1 itg/2-02-2, Date personally appeared before me, } T A Y LYNN RODRIGUEZ, IGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer HAN I ASS I Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name{ isles subscribed to the within instrument and acknowledged ed to me that help executed the same in his/fief/their authorized capacity), and that by his/I signature() on the instrument the person( , or the entity upon behalf of which the person{) acted, executed the instrument. 'MAC LYNN RODRIGUEZ COMM. ## 2318838 > SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 1 1 0 4 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 Sign l tune —'otr Public 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: HANI ASSI Corporate Officer ---- Title(s): SECRETARY Q Partner - 7 Limited ❑ General D Individual 0 Attorney in Fact 0 Trustee o Guardian of Conservator L Other: - Signer is Representing: -- - Number of Pages: Signer's Name: O Corporate Officer - Title(s): d Partner - o Limited u General c Individual a Attorney in Fact Trustee II Guardian of Conservator El Other: Signer is Representing: y i�11 11 •r-w ..i • • :'! . - il,',�: Y-. !-_, ._C• _ .. iti �.Y- '5trya:-;v t . uf �• ©2017 National Notary Association T•T ;� t I • Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: H LE 1 MALONEY; JOHN G MALONEY; MARK D IATAROLA; SANDRA FI UER A; TRAY LYNN R DRI UE ; each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed, This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, LVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, arty such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." °RESOLVED FURTHER, , that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. I. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW Y R : ss On this 20th day of August, 2021, before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public, State of New York No. 02MC670117 Qualified In New York County Commission Expires October 19, 2024 Notary PubGG My Commission ExpCryes October 19. 2024 CERTIFICATE I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, F, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 23RD day of JU E 2022 Assistant Secretary B DJ 1(0 -21) g - TRI-CON-01 KBLACKVVOOD AWR Y - ki,...,----- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDJYYYV) 7W2 /202 2 THIS CERTIFICATE IS ISSUED .AS A MATTER OF INFORMATION ONLY AND CONFERS N'R1HTS 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 ISSUIN •IN URER(S), AUTHORIZED. REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ IMPORTANT:. If. the certificate holder - If SPBROGATION IS WAIVED, subject this certificate dogs -not confer rl! hts is an ADDITIONAL INURED, tho,poll yees) to the terms and conditions of the policy, to the certificate holder In lieu of such endorsement(s). must certain have ADDITIONAL INSURED provisions'or be endorsed. policies may require an endorsement. A. statement on - ;- 4. -. - I PRODUCER Teague Insurance Agency, Inc. g � 478 Spring St., #400 La Mesa, CA 91 4 -027 _-- _-- _ ACT- - - PHONE (AFCf No, Ext): 6 9) 464-66 1 (Arc, NoJ (6'1 66 -4 1 Rainss: info@teagueins.com IN URER{S AFFORDING COVERAGE NAIL # INSURER A:Gemini Insurance Company 10833 INSURED TTI-Croup Construction and Development, Inc. 9580 Black Mountain Rd, Ste L San Diego, CA 92126 INSURER a :Oregon Mutual Insurance Company 14907 IN U> R : uide ne National Insurance Company 14167 INSURER D :Mate Compensation Insurance Fund 3 076 ; ! INSURER E :WetCheter Surplus Lines insurance Company 10172 - - - 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 FORRTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CCNDiTl N OF ANY CONTRACTOR OTHER. DDCUIVIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL INSO SUBR1. WVD . . POLICY NUMBER POLICY EFF it Nlf 0i POLICY EXP IDD LIMITS • A X COMMERCIAL GENERAL LIABILITY - VCGP028041 612812022 • 6/28/2023pF ` EACH OCCURRENCE 1,000,000 CLAIMS -MADE X ' OCCUR EM E;VIE I'D co 50,000 MED EXP (Any one ' .5,000 PERSONAL & ADV INJURY 1 "1'000,000 GENII AGGREGATE'LIMIT APPLIES PER: GENERAL AG REGATE - _ 2,000,000 POLICY I X.I Yef LOC PRODUCTS - COMP/OP A 2,000,000 OTHER:B $ AUTOMOBILE LIABlure _ .. _ ,CM09 34 6 10/151 0 1 . 10/15/2022 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY (Per person) ' OWNED AUTOS ONLY 1 SCHEDULED AUTOS BODILY INJURY Per accident I'M ONLY -� BioSTB a n#DAMAGE , UMBRELLA LIA.D X OCCUR 56000 08 02• 6/2812022 6/2812023 E OI•i OCCU RENCE a,00 ,000 X EXCESS LIAB 1 CLAIMS -MADE AGGREGATE 5,000,000 _ DED I RETENTION D WORKERS COMPENSATION AND EMPLOYE' LIABILITY Y 1•N Iv • 9097926- X TUTS i TH — - EL. EACH ACCIDENT - -- - , , 000 ANY PROPRIETOR/PARTNER/EXECUTIVE UTIVE FMand; E CLIJDED'? Y EL. I DISEASE - EA EMPLOYEE EE 1,000,000 a� If , decnuOr►der below [esCRlPTIOI1 F OPERATIO ELNS DISEASE - POLICY MIT 1 $ 1,000,00 E E Pollution Liability - - Pollution Liability - - - - G 761 49400 G27613494008 612812022 6/281202261 612 1 0 3 812023 Each oeurenco General Aggregate 2,000,000 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached If more space 1s required) JOB: Storm Drain on V Avenue CIP No 22-39 Certificate Holder is included when required by written contract with the named insured as Additional Insured, Primary Non -Contributory Language with respects to the General Liability per the attached forms. Waiver of Subrogation with respects to Worker's Compenstion coverage., F C.ERTIFICATE HOLDER CANCELLATION City of National City 1243 National Clpi Blvd. National City, CA 91 960 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 ACORD 26 (2016(03) 01988-2015 ACORD CORPORATION. All rights reserved. • The ACORD name arld_Iop are registered marks of ACID 1 - ...t- ,E..� . - -- L R t- e 4 • - l - k. r L 4 '.T fa. t - ay •r E. - • F M. 7t. _TAR.. -• +'.._. t.-L 1Z ix .J:a 4 -- • J.? NIM rtG • • p r Policy Number: NCGP 8O41 . Insured Name: Tri-Group construction Development Inc. r r _ *� - - - •r aJi- - �i. rrr r roil-- ` - Iumber: 2 _ T EffectiveDate: 2o r • • 1 - t . . r 11E 41 8412.13. - • THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS(S) GENERAL AGGREGATE LIMIT - SUBJECT TO A MAXIMUM AGGREGATE This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part • . SCHEDULE Designated Construction Profi t s : All construction projects for which you have agred in writing in a contract, prior to an. occurrence that causes "bodily injury", "property damage" or "personal and advertising injur ', to provide project specific limits. A. ,For all sums Which the insured .becomes; legally obligated to. pay as damages caused by "occurrences" under Section I — Coverage Ay and for all medical expenses caused by accidents under Section I — Coverage c, which can be attributed only to ongoing operations at a single designated construction project shownin 'the Schedule above: - 1. -A separate . Designated construction Project. General Aggregate Limit applies to each designated, construction project, and that limit is equal to the amount of the Qeneral Aggregate Limit shown in; the Declarations. 2. The Designated Construction Project General Aggregate 'Limit is the most we will pay for the sum of all. damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the. "products -completed operations hazard", and for medical expenses under coverage C regardless of the number of: i I. a. Insureds; • b. Claims made or "suits" brought; or c. Persons or organizations making claims orbringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General, Aggregate Limit for that designated construction project. Such payments shall' not reduce the General Aggregate Limit shown in the Declarations nor shall they, reduce any other Designated Construction Project, General Aggregate Limit for any other designated construction project shown in the schedule above. VE 81 84 12 13 Page 1 of 2 • J . . - • • __4 _ .. - _ ,�.� La ::. .- . ---.. .. -- — r -r - -• .a Policy Number: VCGP028041 Insured' Name: Tri-Group Construction & Development Inc. Number:' 42 Ca 24 0412 19 Effective Date: 06/28/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAiVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any per on -or organization you have agreed in a written, and executed contract, prior to an, "occurrence", that you would provide such person or organization a waiver.of transfer of rights of recovery against others to us n your policy. Information required to complete .this Schedule, if riot shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section Ill— Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we made. under this Coverage Part. Such waiver by us applies only to the extent that 'the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. 1 CG 24 04 1219 insurance Services Office, Inc., 2018 Page 1 of I -P li Nnmb : GP 1 -:� . . T Insured-N m :'Trizir } - n trio tl nyDe l prri n ~inc. -__ .4___..__.__I_ . .� = -CG 2 3710 01 ,.7 ffeetl e_ a e: L Z ---; tT IS N SEM NT C N V ES THET O I ■ PL Sir E V ii � ARE L-r... J t 2ZZ'].��.. �� -� .7;6R -ADDITIONAiNZU RED- OWNERS7[ESSEESOR CONTRACTORS - COMPLETED OPERATIONS ■ This endorsement modifies insurance provided under the following: 1 COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: FOR NON-.RES1DENTIAL 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', thatsuch person.r 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 earsabove, information required to complete.this endorsement will be shown in the Declarations as applicable to this ehdorsement.) Section Il ^ Who Is An Insured is'amnded 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 he location designated and described in he schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". • CG 0371001 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 Policy, Number. P1 _-i - - . ��- -Insured Name:•Tri Group Construction &-Development Inc. Number: '- .. F - • n• ti • VE09 73 04 - - . -74-, -.Effective Date: / 1 0 - THIS ENDORSEMENT CHANGES THE POLIO. PLEASE READ IT CAREFULLY, PRIMARY AND NONCONTRIBUTORY • OTHER INSURANCE C4NDITI4N This endorsement modifies insurance provided under the following: ' Commercial General Liability Coverage Part The. .following is added to the Otherinsurance Condition and supersedes any provision' to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if: (1) The additional insured is a Named insured under such .ether Commercial General Liability insurance; and (2)• You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other commercial General Liability insurance available t the additional insured. 'Coverage granted to an. additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event cif conflict between this endorsement and an endorsement .conferring additional' insure l status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured. All other terms and conditions of this Policy remain..unchanged. IE 09 73 04 20 Includes copyrighted material of insurance Services Office, Inc. Page 1 of I with its permission. I it i 4- 'STATE `APE 'S'-TI N r#k4LIRA N E FUND • HOME OFFICE SAN FRANCISCO ..7". P - ., a.,, ENDORSEMENT AGREEMENT WA I VER OF SUB ROGAT ION BLANKET BAS I S. EFFECTIVE IAY 1, 2022 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME BROKER COPY REP 04 9097926-22 RENEWAL SP .�.-EL - - 3-95-70-4 T 12.01 A. N . PAGE. • 1 F `1 AND .EiPIRING MAY 1, 2023.,AT 12.61 A.M. TRI-GROUP CONSTRUCTION, AND DEVEL 9580 BLACK MOUNTAIN RD STE L SAN DIEGO, CA 92126 WE. HAVE THERIGHT 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 WORN 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 PREMIUMS 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 NOTHINGIN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE R 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, rAREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ;ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENT SCIF FORM 10217 (REV.7- 014) APRIL 16, 2022 IVE -PRESIDENT AND CEO 2572 OLD DP 217