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HomeMy WebLinkAbout2004 CON HMS Construction Inc - Traffic Signal ImprovementsORIGINAL CONTRACT SWEETWATER RD. AT CALMOOR ST./FAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 THIS CONTRACT, made and entered into this 3 day of, August 2004 by and between the City of National City, California, herein after designated as the "City", and HMS Const. Inc., hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: SWEETWATER RD. AT CALMOOR ST./FAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, CONTRACT (CONTINUED) SWEETWATER RD. AT CALMOOR ST./FAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. CONTRACT (CONTINUED) SWEETWATER RD. AT CALMOOR ST./FAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: Title: CITY: By: Title: c � ,42$re' (5tar - Pg.essoekyr �% p Federal ID. No. 3 5 - �/ /� g 1U -FFs) 5 By: Title: Mayor, City of National City ATTEST: By: -4? Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California San Diego County of On 8-1R-04 before me, Date personally appeared Tami Adams, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Ronald Schneider TAMI ADAMS Commission se 1324605 Notary Public - California San Diego County My Comm. Expires Oct 9, 2005 Name(s) of Signer(s) personally known to me E proved to me on the basis of satisfactory evidence to be the person(ss whose narne) islFir'� subscribed to the within instrument and acknowledged to me that hell Stl t executed the same in his/kelltkik authorized capacity(, and that by hiskinakoir signature(x) on the instrument the person4s), or the entity upon behalf of which the person(X) acted, executed the instrument. IT an and Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THU, OF S Gt PRINT R Top of thumb here . •.a"v�r��'r 41:Wct f'eMray"-'6""BMWWe'C� �+%4 .-�.A Z4 .7•�rr"Jin• +moo.-4 ��� e 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A .� 5� sse� � sacra vsaC� s ae .r7M a•Jaste' tva.�'cW . State of California County of San Diego On ! l/ before me, personally appeared Michael High Name(s) of Signer(s) Date Tami Adams, Notary Public Commission 1324605 = Not:tr1/ Public - California San Diego County ornm ` spires Oct 9, 2005 rrnanwarntiP Name and Title of Officer (e.g., "Jane Doe, Notary Public") X7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose names) is`eieX subscribed to the within instrument and acknowledged to me that he/siigic89 executed the same in his/Nag tref€ authorized capacitypt13), and that by his/lif MII( signature{rson the instrument the person) or the entity upon behalf of which the person) acted, executed the instrument. hand a 0 ial s,r . Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nstionalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONTRACT (CONTINUED) SWEETWATER RD. AT CALMOOR ST./FAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 CORPORATE �Cj�ERTIIFFICATE �/f 1 / c (a € , certify that I am the Secretary Corpo .do p. ird as Contractor in the foregoing Contract; that , who signed��said contract on behalf of the Contractor, was then _ ids l ♦ , 5€ Z/44 Me 0-511�"�'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, %/!If(Vrift iL Co�i� � name certify that I am the Secretary of the actor in the foregoing Contract; that i who signed said contract on behalf of the Contractor, was then % ce re, / C X�K.� 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: CONTRACT (CONTINUED) SWEETWATER RD. AT CALMOOR ST./FAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial 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: THRICE ORIGINAL BONDS ISSUED PERFORMANCE BOND S WEETWATER RD. AT CALMOOR S'1'./FAIRLOMAS INSTALLATION SPECIFICATION NO. 03-10 KNOW ALL MEN BY THESE PRESENTS: That Bond *6276751 Premium: $1440.00 Premium is for contract term and is subject to adjustment based on final contract price. RD. TRAFFIC SIGNAL WHEREAS, the City Council of the City of National City, by Resolution No. 2004-141, passed the 3 day of August, 2004 has awarded to HMS Const. Inc. hereinafter designated as the "Principal", the Sweetwater Rd. at Calmoor St./Fairlomas Rd. Traffic Signal Installation, Specification No. 03-10. 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 Safeco Insurance Company of America as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal Sum of One Hundred Twenty Five Thousand One Hundred Ninety NO/100 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 thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it dots 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. PERFORMANCE BOND (CONTINUED) SWEETWATER RD. AT CALMOOR ST./FAIRLOMAS RD. TRAFFIC SIGNAT, INSTALLATION SPECIFICATION NO. 03-10 In the event suit is brought upon this bond by the City of National City and judgement is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attomey'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 13th day of August , 2004. Safeco Insurance Company of ca (SEAL) r+ rust �.,, it � (S:i ) Surety APPROVED AS TO FORM 44,e:a'. George H. Eiser, III City Attorney PERFORMANCE BOND (CONTINUED) SWEETWATER RD. AT CALMOOR STJFAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this day of for said County PLEASE SEE ATTACHED CALIFORNIA ) ss ALL—PURPOSE AG' LEDGIFIE , 2004, before me, the undersigned, a Notary Public in and and State, personally appeared known to me to be the person whose name • is subscribed to the within instrument, and acknowledged to me that he Surety, and his own name as attorney -in -fact. instrument as the attorney -in -fact of the , the corporation named as Surety in said subscribed the name of said corporation thereto as 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: APPROVED AS TO FORM: By: George H. Eiger, III City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tea.--���a� State of California County of SAN DIEGO On August 13, 2004 before me, 11tERICA SAN. ]MARTIN, NOTARY PUBLIC Nafne and Title of Officer (e.g., 'Jane Doe, Notary Pt ) PENNY E. KELLEY Date personally appeared AMERICA SAN MARTIN [ Commission # 1395482 Z Notary Public - California San Diego County My Comm. Expires Jan 21, 2007C Name(e) of Signer(s) KI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(] whose namei?t) isSit subscribed to the within instrument and acknowledged to me that :t/she jc executed the same in XiXs/herr9YaYr authorized capacity(ies), and that 31TWherMffE signaturel¢) on the instrument the person(0, or the entity upon behalf of which the person(E) acted, executed the instrument. WITr. my hand . d offi Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying onthe document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: RIGHT TH OFS Uhl©PRINT GNER Top of thumb here Q; 0 ,,,�.`✓4„,.q✓4�✓4`.;4`.'-, `✓4`,4„4,.✓4,✓.`.4�✓4v4K✓4 4.✓4g4-;✓4Kg4-,✓4k.,4.,✓...✓4�4,✓,4,✓.4,_,4\'.q._..„,4,..,4,__.4,,y,,,A,,4,✓4,,„:,% Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual D Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 • www.nationatnotary.org Prod. No. 5907 Reorder. Cell Toll -Free 1-800-e76-6627 SAFECO° KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **J. T. WARNOCK; CHRISTINE A. PATERSON; LAWRENCE F. MCMAHON; LETICIA SAN MARTIN; JAMES BALDASSARE, JR.; PENNY E. KELLEY; San Diego** POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PI A7A SEATTLE, WASHINGTON 98185 No. 4273 its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 30th day of June , 2004 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this S-0974/SAEF 2/01 13th day of August , 2004 , CHRISTINE MEAD, SECRETARY iS A registered trademark of SAFECO Corporation 07/01/2004 PDF EXHIBIT B IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISKINSURANCE ACT OF 2002, As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America. General Insurance Company of America, First National Insurance Company, American States Insur- a nce Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond fosses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of ati losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. 8fi248 2iO8 THREE ORIGINAL BONDS ISSUED Bond #6276751 Premium included. -in Peformance Bond PAYMENT BOND SWEETWATER RD. AT CALMOOR ST./FATRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-141, passed the 3 day of August, 2004 has awarded to HMS Const. Inc., hereinafter designated as the "Principal", the Sweetwater Rd. at Calmoor St./Fairlomas Rd. Traffic Signal Installation, Specification No. 03-10. 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 Codc to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Safeco Insurance company of America as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum or One Hundred Twenty Five Thousand One Hundred 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 Tnsurance 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 ol'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. inety NO/100 PAYMENT BOND (CONTINUED) SWEETWATER RD. AT CALMOOR ST,/FAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION SPECIFICATION NO. 03-10 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 therefor, 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 P 'ncipal and Surety above named, on the 13th day of August , 2004. Insurance Company of a (SEAL) (SE Penny E. Kel Attorney -in -Fact Surety APPROVED AS TO FORM. George H. Eiser, III City Attorney rye Presi Principal PAYMENT BOND (CONTINUED) SWEETWATER RD. AT CALMOOR STJVAIRLOMAS RD. TRAFFIC SIGNAL. INSTALLATION SPECIFICATION NO.03-10 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) )ss On this day of for said County PLEASE SEE ATrACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT , 2004, before mc, the undersigned, a Notary Public in and and State, personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. instrument as the attorney -in -fact of the the corporation named as Surety in said subscribed the name of said corporation thereto as 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: APPROVED AS TO FORM: By: George H. Eiser, 111 City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • is State of California County of SAN DIEGO personally appeared } SS. On August 13, 2004 before me, AMERICA SAN MARTIN, NOTARY PUBLIC Date Name and Title of Officer (e.g., Vane Doe, Notary Public') PENNY E. KELLEY AMERICA SAN MARTIN Commission # 1395482 Notary Public - California San Diego County My Comm. Expires Jan 21, 2007 rf Name(s) of Signer(s) J personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person() whose namei?t) is/N subscribed to the within instrument and acknowledged to me that 4/shaTIM executed the same in X/heri�i Y[s • authorized capacity(ies), and that by Xi7WherkffiEM signaturel¢) on the instrument the person(, or the entity upon behalf of which the person(K) acted, executed the instrument. WIT S my handoff Signature of Nolan/ Pubro OPTIONAL Though the information below Is not required by law, if may prove valuable to persons relying onthe document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: RIGHT TH OFS ❑R7l3PRINT GNER Top of thumb here Ji :9J el i • ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Sox 2402 • Chatsworth, CA 91313-2402 • www,natlonelnotery.org ) Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: Prod. No. 5907 Reorder: Call Toll -Free 1-300-876-6827 10: SAFECO° KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **J. T. WARNOCK; CHRISTINE A. PATERSON; LAWRENCE F. MCMAHON; LETICIA SAN MARTIN; JAMES BALDASSARE, JR.; PENNY E KELLEY; San Diego** POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 4273 its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 30th CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT day of June , 2004 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-0974/SAEF 2/01 this 13th day of August , 2004 . CHRISTINE MEAD, SECRETARY ®A registered trademark of SAFECO Corporation 07/01/2004 PDF EXHIBIT B IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISKINSURANCEgCT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America. General Insurance Company of America, First National Insurance Company, American States Insur- a nce Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to `surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the Insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law_ At this time there is no premium change resulting from this Act. $4248 23 .................................. ::.::.::.:.:.Y:.:. ::..::...:..::.:..n.:..: .................... .n........:.1...M.........:::..:...:..a..:..:..:.:, n.:i. ..v .:n ................ n: .. :v:.h%.....:.:.?:.v::.t�n ::,.: .. .�.`:..:.:.:.:.}::.:C.::.;.::....::::..r.:..::.: i{:.:}._:.:u: .:•:i..:::e•:.,..+nr..`....:.::.h:n:.�.�.tr.:.�..:Y...C.v�:h:.... ....:.i.} v:"::v:., Y:C:.:::: n .. xnt"C..<:...:, ► nh.�::...:e..:�.::::::.::xn:.:.........n..........:. DATE IMM/DDYYI • Y..::.•::y.`::3:{::%.:::::h:%aii.;?.:Yi:>:..::aA;.f..:..::.:Y.Y...:..:.:::.:R.}i:.::8/13/04 :a .".v.:.. :.C:..:...:..:.:.r.a:..: P. ....::::: n`:::. �:::::.++t`Y:.i}}:.....::n PROD.Y:.CE-699.. PRODUCER DRIVER ALLIANT 1620 FIFTH AVENUE :Y:.....:�Y.:..Y.i}Y.i.:�::i.Y.:: :Y.:..::..:...::.:..:... �::u{:.:::: n.... .. k33{{'Ji}}}i}:aY}Y:..}:v'::3::i::::.:::Y.`:Y:th%nYY:.Y:.Y:•:f•:.}}�: 619-699-0541 INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN DIEGO, CA 92101 COMPANIES AFFORDING COVERAGE JAMES CASTLE COMPANY A WESTCHESTER FIRE INS. CO. INSURED HMS CONSTRUCTION, INC. COMPANY B HARTFORD CASUALTY INS. CO. 1225 LINDA VISTA DRIVE SAN MARCOS, CA 92069 COMPANY C .:..........:.r..::.: COMPANY D :.:::::.:::n...,.:::»,.:::.::.:a`::.........::.}::::.:::::....:::t:::,:h}:.Y:.YY.a;:.YY:•:.is;.:..Y::<Y:.>Y<Y:::3 a„,,,:::; }...: ,.::::::' Y;::::1(` : `Y:�:;:YYS' .............n........... .....:.::..»n.e ...... e:::n ..n....n..........................F:.�.::....... ........ ...... h}.�:?v:... ....1 ..... ....: \.:.:.v.:::..m..: .n...:....,ry..:....:n.:.::.r.:::.:.......n.....h.n..rvQ.:.•::..:.�: v.:.. tr... v..Y,.:^\.:: -:h:.,.... .. A. ... a. 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LIMITS SHOWN MAY HAVE `:::.. ......n ........:.: n::::.::n.::: ri::::::: v'..:: n.4:ta}Y}h:::`::: ..:.tr..... tr:: C:: ..n:n..n........ n.::::...... n}:::n:.......: n .. nY:.i:: i..: n......:: Y::, ::.Y:CyA}YY:a`C�C•Y}YYY:. , ;;: ....�.h: •:..a ^x':.{:: :..hf.Y nY.:... fttu::,:;:`:::::.::.,. f.}:. , .`::.:::.:. n,.a ...: n.v:., :.::::. ...:........n. .... }:::::a :::.:::::::: ...a::.. S,:i::C ::i}::::333Y: BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE D/DATE IMM/DYY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS 12/16/03 12/1[6/04 ',GENERAL AGGREGATE 8 - 2000000 A GENERALLIABIUTY X GLW777869 PRODUCTS - COMP/OP AGG $ 2000000 COMMERCIAL GENERAL LIABILITY X PER PROJECT PERSONAL & ADV INJURY $ 1000000 CLAIMS MADE OCCUR AGGREGATE LIMIT EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT CONTRACTUAL FIRE DAMAGE (Any one fire) $ 50000 X BFPD X AUTOMOBILE LIABILTY 72UENUS1347 4/26/04 4/26/05 COMBINED SINGLE LIMIT $ 1000000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) 8 X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) 8 X NON -OWNED AUTOS PROPERTY DAMAGE S AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY OTHER THAN AUTO ONLY _ .. ANY AUTO EACH ACCIDENT $ AGGREGATE $ CUW774150 12/16/03 12/16/04 EACH OCCURRENCE $ 5000000 A EXCESS X LIABILITY AGGREGATE $ 5000000 UMBRELLA FORM OTHER THAN UMBRELLA FORM 8 AND WC STATU- TORY LIMITS OTH ER WORKERS COMPENSATION EMPLOYERS" LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE 8 OTHER *10 DAYS NOTICE FOR NON -PAY DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: SWEETWATER ROAD @ CALMOOR STREET/FAIRLOMAS ROAD, SPEC #03-10 CITY OF NATIONAL CITY, ITS OFFICERS EMPLOYEES AND AGENTS ARE INCLUDED AS ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED PER ATTACHED ENDORSEMENT. ................::.:::::.. � :.: :•:: •`::: .::,:::::•::::.:::::. �::nY:,:hYY}}Y};}i>YYY:`Y:•Y}}}iYi}:<tthehY::•i:.i}}>:hx%Y�:}i :{3::{3Y:z?:Y ..................... ..............................:..:...::.,:nY:...:`.a.:..:..... .......... .:. .......:.....::...................... r.::.: ,:.::...,:::.,:n..:. ,..... }{�tr.... a . � `. .:.::: .:::::::. :::::.:{YY:.Y:.}:.Y Y}:;:: YYY: t!.Y}:.:............. .. .. : .:Y::::.:::::: v.�:::::::::: r.... ... ..................... ............ ..:.. n,..,.:: ..::.lf .. . .jjjjMM. ....try�.y(,.:. n::::::Y :.::::;?:::. �: ::::: 3Y::::Y:::::.: ...:.::. v::.�:::.,.{:: n.:::. �::. ::: t..: %...::.: i..k`,+.,���.!f}:.Y:.Y:.Y:.Yi}:.Y}Z.Y:.i:C::.Y::: A�.:::::.��:::::::: CITY OF NATIONAL CITY DEPT OF PUBLIC WORKS ...::.....::::.::;:.Y`.{:.:t.Y:.:t.Y{::.:Y::..::::::.:::.,.:..:::::„: t:;: ......:::::.:.:................:......t...........:.v`::::: ,`. �.:.%r::}}<:t;;•::t?.}:.:oY:taY:f::}:.::}:Yg}::Y.z;:`:::}::. .: :. .. :.. .....:...... .......;.....:::::: C.;.i :h:C.YY:.Y:: �:::. ... 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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ._NDCiWOB. a MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 ...... ................_.....................:.:::4/''hYYYaCF .::::.a..:.n......................„''''..::: C................... x................:.::ni n.:::::::Y....:... .... i'K* . ........a ..: ,..:::::: ..:::::.:::t:Y:.Y:.Y:.Y:.:Y:.a}:;`}:a:.YY;:Y:.Y:::::;:::.a.::::..:..::::::::..}:.Y:.:a:^}:.}:.Y:h:hY.a:.................... ::.:..........a..............................::.a..:.:::.:::.........a...............r......:..::::Y:::::::::::....::::::::::tr:::::.::::. tA+CClliil..a7fS-��,tt:'�19xr.YYYYYY.::.:::»:Y:::::::catttt;.;}Y:f a.:.};Y.{:fa:__}`::.:.._................................. AUTHORIZ RESENTAT14„;le,. :;.Y:hYYYY:: a.}i:::::. �:::::C^,,.: ::: t:Hi::.�:.i•:.:: t. . .:.::......:.... ::.ii:..}}:.Yri.Y:Y:.::: gili::tt:::.Y:::.Y:.Y:.Y:.Y:.Yi:CCifh}}?!: '.Y` .. . .Y tr. , ... :::::.::.:::.:a.Y::h}}:.Y:::}:.YY�:�7��:{IwRI��`tR;iR�'#!GIN:i:���::: • CL 246 (11-85) POLICY NUMBER: GLW777869 HMS CONSTRUCTION, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: AS REQUIRED BY CONTRACT, PROVIDED THE CONTRACT IS EXECUTED PRIOR TO LOSS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED (Section II) 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" for that insured by or for you. Copyright, Insurance Services Office, Inc. CERTHOLDER COPY STATE COMPENSATION INSURANCE FUND P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-13-2004 CITY OF NATIONAL CITY DEPT OF PUBLIC WORKS 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 GROUP: POLICY NUMBER: 1669123-2004 CERTIFICATE ID: 172 CERTIFICATE EXPIRES: 11-21-2005 11-21-2004/11-21-2005 JOB; SWEETWATER ROAD @ CALMOOR STREET PAIRLOMAS ROAD SPEC #03-10 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the Califomia Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to canc.ellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement term or condition of any contract or other document with respect to which thiscertificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all theterms, exclusions, and conditions, of such policy. e AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-21-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER HMS CONSTRUCTION, INC 1225 LINDA V/STA• DR SAN MARCOS CA 92078 SCIF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT' PRINTED: 08-13-2004 PAGE 1 OF 1 City of National City, California COUNCIL AGENDA STATEMENT August 3, 2004 MEETING DATE AGENDA ITEM NO. 8 ITEM TITLE A Resolution of the City of National City awarding a contract in the amount of $125,190.00 to HMS Construction, Inc. for the Sweetwater Road at Calmoor St./Fairlomas Road Traffic Signal Improvements, Specification No. 03-10 PREPARED BY Alberto Griego DEPARTMENT Public Works/Engineering 336-4386 EXPLANATION On Wednesday July 14, 2004, three (3) bids were received and opened for the Sweetwater Rd. at Calmoor St./Fairlomas Rd. Traffic Signal Improvements, Specification No. 03-10. The project includes the construction and installation of the traffic signals at Sweetwater Rd. at Calmoor St./Fairlomas Rd. including but not limited to installation of signal standards, masts, signal heads and luminaries, pedestrian signals and push buttons, controller, aluminum cabinet and foundation, conduit, wiring, and pull boxes, pedestrian barricades and signs, traffic striping and restoration of all disturbed surface improvements. Staff has reviewed all the proposals and found the lowest responsive bidder, HMS Construction, Inc., qualified to perform the work. The total cost of the project is estimated to be $156,487.50. This amount includes the construction bid price of $125,190.00 plus 20% ($25,038.00) for contingencies, and 5% ($6,259.50) for materials testing, inspection, and surveying. CEnvironmental Review x N/A Financial Statement fl Approved By: r The total cost of the project is finance Director Estimated to be $156,487.50. Funding is available through Account Number 109-409-500-598-6161 d 109-409-500-598-6558. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD/COM N/A SION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution 3. Bid Opening Sheet 2. Bid Opening Spreadsheet 03-10 Resolution No. LOD (J I A-200 (9,;99) RESOLUTION NO. 2004 — 141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $125,190 TO HMS CONSTRUCTION, INC. FOR THE SWEETWATER ROAD TO CALMOOR STREET/FAIRLOMAS ROAD TRAFFIC SIGNAL IMPROVEMENTS PROJECT (Engineering Specification No. 03-10) WHEREAS, the Engineering Department did, in open session on July 14, 2004, publicly open, examine and declare all sealed bids for the Sweetwater Road to Calmoor Street/Fairlomas Road Traffic Signal Improvements Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Sweetwater Road to Calmoor Street/Fairlomas Road Traffic Signal Improvements Project to the lowest responsive, responsible bidder, to wit: HMS CONSTRUCTION, 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 between HMS Construction, Inc. and the City of National City for the Sweetwater Road to Calmoor Street/Fairlomas Road Traffic Signal Improvements Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3`d day of August, 2004. ATTEST: 1/4 Michel Dalla, Cik APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 3, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-141 of the City of National City, California, passed and adopted by the Council of said City on August 3, 2004. City Clerk of the City of National City, California By: Deputy BID OPENING SPECIFICATION NUMBER: 03-10 PROJECT TITLE: SWFETWATER RD. AT CAI,MOOR ST./FAIRLOMAS RD TRAFFIC SIGNALS OPENING DATE: WEDNESDAY, JULY 14, 2004 TIME: 3:00 P.M. ESTIMATE: $105,000 PROJECT ENGINEER: ALBERT GRIEGO NO. BIDDER'S NAME (PAGE 12) BID AMOUNT (PAGE 14) ADDENDA (PAGE 12) BID SECURITY (AGE 16-CHECK (PAGE 17-BOND) 1. HMS Construction Inc. 1225 Linda Vista Drive San Marcos, CA 92069 $125,190.00 Bond 2. AEC Construction P.O. Box 601071 San Diego, Ca 92126 $125,735.00 1 Bond j 3. Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 $137,538.00 / '�/ Bond 4. M1 5. 6. July 14, 2004 Final Bid Results for: Sweetwater Rd. at Calmoor St.IFairlomas Rd. Traffic Signal Installation, Specification No. 03-10 i HMS Construction Inc. AEC Construction Lekos Electric Inc. Rank 1 2 3 Qnty Unit Unit Price Amount Unit Price Amount Unit Price Amount No. 1 Item Mobilization 1 LS $1,500.00 $1,500.00 $2,000.00 $2,000.00 $500.00 $500.00 2 Traffic Control 1 LS $2,000.00 $2,000.00 $2,000.00 $2,000.00 $500.00 $500.00 3 Remove C Access Ramp 6 EA $1,340.00 $8,040.00 $1,550.00 $9,300.00 $1,500.00 $9,000.00 Traffic Signal Installation 1 LS $100,890.00 $100,890.00 $105,735.00 $105,735.00 $119,167.00 $119,167.00 6 Traffic Striping 1 LS $5,900.00 $5,900.00 $4,800.00 $4,800.00 $4,871.00 $4,871.00 7 Traffic Signing 1 LS $860.00 $860.00 $400.00 $400.00 $500.00 $500.00 Total Bid $125,190.00 $125,735.00 $137,538.00 Engineer's Estimate $105,000.00 $105,000.00 $105,000.00 Percent Under/d'ver Estimate 19.23% 19.75% 30.99% —r r City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 13, 2004 Michael High, President HMS Construction Inc 1225 Linda Vista Drive San Marcos CA 92069 Project: Sweetwater Road at Calmoor Street / Fairlomas Road Traffic Signal Installation, Spec. No. 03-10, Awarding Reso 204-141 Dear Mr. High: On August 3, 2004, the City Council of the City of National City passed and adopted Resolution No. 2004-141, awarding a contract in the amount of $125,190 to HMS Construction Inc for the Sweetwater Road at Calmoor Street / Fairlomas Road Traffic Signal Improvements, Spec No. 03-10. We are pleased to enclose one fully executed original contract, payment bond, performance bond, and one copy of the Certificate of Insurance for your records. Should you have any questions, please contact Mr. Stephen Kirkpatrick, Acting Director of Public Works / Engineering at (619) 336-4380. Sincerely, a Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: PW / Engineering File C2004-34 64 Recycled Paper City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 ° (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 September 1, 2004 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: SWEETWATER RD. AT CALMOOR ST./FAIRLOMAS RD. TRAFFIC SIGNAL INSTALLATION ENGINEERING SPECS. NO. 03-10 AWARDING RESO. 2004-141 DATE8/3/04 CONTRACTOR: HMS CONSTRUCTION INC. ****************************************************************************** TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Copies of Contract Agreement 2. 3 Copies of Performance Bond 3. 3 Copies of Payment Bond 4. _1 Copies of Certificates of Insurance If these documents are satisfactory, please forward them along with this form to the Mayor for his signature. COMMENTS: *******************************************************************° *p*e**a*(***)* TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. ) ***************************************************************** ******t*d ***** TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. _1 Original copy to your file. 2. 1 Original copy to the contractor 3. _1 Original copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. ******************************************************************************** Submitted b lberto Associat ineer Approved by: Stephen Kirkpatrick Acting Director of Public Works/ City Engineer Review ® Recycled Paper