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HomeMy WebLinkAbout2018 CON HMS Construction - Highland Avenue Traffic Signal Modifications, CIP No. 18-03OWNER - CONTRACTOR AGREEMENT HIGHLAND AVENUE TRAFFIC SIGNAL MODIFICATIONS, CIP NO. 18-03 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and HMS Construction, Inc. ("Contractor"), 2885 Scott Street, Vista, CA 92081 on the 19th day of June, 2018, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of e provisions of Section 15, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owr1e!F: or, City of National City Attest: 43 N/ CitClerk, City of Natf6nal City Contractor HMS Co , Inc. (Owner/Officer si: ature) Michael C. High, President Print n. me and title (Se '."d o is ature if a corporation) Carla Sims, Assistant Secretary Print name and title Will be provided upon receipt. Proof of Application, Payment & Tracking attached. Contractor's City Business License No. 765590 State Contractor's License No. and Class 2885 Scott Street Business street address Vista, CA 92081 City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Bid Sheet - Addendum 2 Highland Avenue Traffic Signal Modifications, CIP No. 18-03 Item # Item Description (S) Indicates Specialty Item Quantity Unit Unit Price Amount 1 Bonding 1 LS 10( 000.ao as COI 000. 2 Mobilization/ Demobilization 1 LS iSf 000.00 15; 000.00 3 Surveying and Construction Staking (S) 1 LS o0 „Vf000' a ;4000. 4 Clearing and Grubbing 1 LS Oe Ott S� 000 5 Traffic and Pedestrian Control 1 LS 1 Zf 000' du Id. i 000 'oo 6 Water Pollution Control/ BMP's 1 LS 00 7j,0o0 3, 000 04 7 Signing and Striping (S) 1 LS 1000' I 11000'a 8 Traffic Signal Modifications (Highland Ave and 4th street) (S) 1 LS OO SOI000 p0 GO/ 000 9 Traffic Signal Modifications (Highland Ave and Walmart Driveway)(S) 1 LS t>• �$6t000 dd 00 (�Ot000 10 Traffic Signal Modifications (Highland Ave and 16th street) (S) 1 LS 00 101000 00 701000. 11 Traffic Signal Modifications (Highland Ave and 18th street) (S) 1 LS 00 10, 000.70(000 12 Traffic Signal Modifications (Highland Ave and 21st street) (S) 1 LS ,?01000. 70,000,n0 13 Traffic Signal Modifications (Highland Ave and 24th street) (S) 1 LS IVO, 000.00 1(D0,000.nb 14 Construct New ADA Compliant Curb Ramps 4 EA (Or 000 a141000 15 Relocate Existing Newspaper Vending Machines 1 LS •vo 11000 0d 11000 Highland Avenue Traffic Signal Modifications Total: ��f000 .00 Highland Avenue Traffic Signal Modifications, CIP No. 18-03 Item # Item Description (S) Indicates Specialty Item Quantity Unit Unit Price Amount By signing and submitting this bid, the contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein and that all the aforementioned has been included in the bid prices listed above including items of work that may not have a specific pay line item and that there shall be no additional costs to the Owner. HMS Construction, Inc. Legal Name of the Business Corporation Business Type (Corporation, Partnership, Sole Proprietor) N/A DBA Michael C. High, President Name and Title of Owner lan High, Vice President Name and Title of second partner or officer 2885 Scott Street. Vista. CA 92081 Business Address 541 Signa Prime Contractor, Date Signat rime Contractor, Date Ian High, Vice President Carla Sims, Assistant Secretary Print Name and Title Print Name and Title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) CORPORATE CERTIFICATE I, Sharon High certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Michael C. High & Carla Sims , who signed said contract on behalf of the Contractor, was then President & Assistant Secretary 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, Sharon High certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Michael C. High & Carla Sims , who signed said contract on behalf of the Contractor, was then President & Assistant Secretary of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: PARTNERSHIP CERTIFICATE Ni, \ STATE OF COUNTY OF On this day of , 2018, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss (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: Executed in triplicate PERFORMANCE BOND Bond Number: 106832993 Premium: $5,381.00 Premium is for contract term and subject to adjustment based on final contract price WHEREAS, the City Council of the City of National City, by Resolution No. 2018-94, on the 19th day of June, 2018, has awarded to HMS Construction, Inc., hereinafter designated as the "Principal", the HIGHLAND AVENUE TRAFFIC SIGNAL MODIFICATIONS, CIP No. 18-03 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 Travelers Casualty and Surety Company of America as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Seven Hundred Twenty Five Thousand ($725,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable 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 25th day of June Travelers Casualty and Surety Company ofAmerica(SEAL) (SEAL) By. Michael R. Strahan, Attorney -In -Fact (SEAL) Surety Principal , 2018. (SEAL) (SEAL) (SEAL) PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 2018, befor me, the undersigned, a Notary Public in and for said County a' • State, personally appeared known to me to be the person whose name is subscribed to the witn instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and ack • 'e? ed to me that he subscribed the name of said corporation thereto as Surnd his own name as attorney -in -fact. NOTE: Signature Surety ackn. - dged. f Sigaure: ose executing for ust be properly NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. me (Type or Print): Notary Public in and for said County and State My Commission expires: TRAVELERS .J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint MICHAEL R STRAHAN of San Diego California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 OJUJr. C. tATALC Jt Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 25th day of June , 2018 Kevin v Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On June 25th, 2018 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the person5,81 whose nameVOire subscribed to the within instrument and acknowled•ed to me tha 4 he/they executed the same in is/ er/their authorized capacityljesir and that b er/their signatures.) -on the instrument the person(,s or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) E. B. STRAHAN Notary Public • California San Diego County Commission k 2244484 My Comm. Expires Jun 25, 2022 Executed in triplicate Bond Number: 106832993 Premium included in performance bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2018-94, on the 19th day of June, 2018, has awarded to HMS Construction, Inc., hereinafter designated as the "Principal", the HIGHLAND AVENUE TRAFFIC SIGNAL MODIFICATIONS, CIP No. 18- 06 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 Travelers Casualty and Surety Company of America as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Seven Hundred Twenty Five Thousand ($725,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 25th day of June , 2018. Travelers Casualty and Surety Company of America (SEAL) By: - (SEAL) Michael R. Strahan, Attorney -In -Fact (SEAL) By HMS Construction, Inc. ms Assistant Secretary Surety Principal (SEAL) (SEAL) (SEAL) STATE OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY COUNTY OF ) ) ss On this day of , 2017, before me, the undersigned, a Notary Public in and for said Coun ' and State, personally appeared known to me to be the person whose name is subscribed to the wit instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and ackno4- o.:e0 to me that he subscribed the name of said corporation thereto as Surety fACI his own name as attorney -in -fact. NOTE: Signature of trT s executing for Surety must be properly acknowl d. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signatur /�y Namd ype or Print): 466/ y Commission expires: (Notary Public in and for said County and State) ATTACH ALL BONDS TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint MICHAEL R STRAHAN of San Diego California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Se6for Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 .. \QMa. C tirAt. .d Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 25th day of June , 2018 li(4111N Kevin E. Hughes, Assstant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On June 25th, 2018 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the personaa1 whose name is re subscribed to the within instrument and acknowled•ed to me that=he/they executed the same in ems/ er/their authorized capacity and that b er/their signatureJ,ston the instrument the person(gror the entity upon behalf of which the personn 'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature (Seal) E. B. STRAHAN Notary Public - California San Diego County Commission # 2244484 My Comm. Expires Jun 25, 2022 ACORO® �� CERTIFICATE OF LIABILITY INSURANCE 11/21/2018 DATE (MMIDD/YYYY) 6/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton insurance Brokers, LLC License #0F15767 4275 Executive Square, Suite 600 La Jolla CA 92037 CONT NAMEACT PHONE FAX INC. No. Exn: INC. No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 8 INSURER A : Executive Risk Indemnity Inc. 35181 INSURED HMS Construction, Inc. 1380338 2885 Scott St. Vista CA 92081 INSURER B : Federal Insurance Company 20281 INSURER C : INSURER 0 : INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: XXXXXXX THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL N D SWVD POLICY NUMBER IMUBR M/DDY/YYYYYI (MMIDD�1 LIMITS A X COMMERCIAL GENERAL LIABILITY y Y 54303305 11/21/2017 11/21/2018 EACH OCCURRENCE S 2,000,000 S 100,000 DAMAGE TO RENTED PREMISES (Ee occurrence) CLAIMS -MADE X OCCUR MED EXP (Any one person) S 5,000 X Ded. $5,000 PERSONAL & ADV INJURY S 2,000,000 S 4,000,000 S 4,000,000 S X }CC11 GENERAL AGGREGATE GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG B B AUTOMOBILE X X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY _ X SCHEDULED . AUTOS NON -OWNED AUTOS ONLY y N 54303303 (CA/OR) 54303304 (HI) 11/21/2017 11/21/2017 11/21/2018 11/21/2018 C (Ee aodOMBINEDdent)SINGLE LIMIT $ 1,000,000 S }(j(XXXXX BODILY INJURY (Par person) BODILY INJURY (Per accident) 5 XXXXXXX PROPERTY DAMAGE (Per acddeni) $ XXXXXXX Comp/Coll Ded. E 1,000 UMBRELLA LIAR EXCESS LIAR _ OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE S XXXXXXX AGGREGATE S XXXXXXX S XXXXXXX DED RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFIC(Mandatory In ERH) EXCLUDED? (Mandatory NH) It yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N / A Y 54303306 11/21/2017 11/21/2018 X PER H STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 S 1,000,000 $ 1 ,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY UMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 11 more apace Is required) RE: Highland Avenue Traffic Signal Modifications, CIP No. 18-03. City of National City is an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Waiver of Subrogation applies per attached endorsement(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. 30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION See Attachments 15470814 City of National City Engineering Department 1243 National City Blvd National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) AUTHORIZED REPREj,.,VE J, J © ORD :WO t ON. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 54303305 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Location And Description Of Completed Operations A. Section II - Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All Operations of the Named Insured B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 Copyright, Insurance Services Office, Inc., 2012 Attachment Code: D496278 Certificate ID: 15470814 Page 1 of 1 POLICY NUMBER: 54303305 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Location(s) Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 Copyright, Insurance Services Office, Inc.. 2012 Attachment Code: D496279 Certificate ID: 15470814 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 1. Required by the contract or agreement; or Page 2 of 2 Copyright, Insurance Services Office, Inc.. 2012 Attachment Code: D496279 Certificate ID: 15470814 CG20100413 POLICY NUMBER: 54303305 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Additional Insured: Location of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS. Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other 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 insurance available to the Additional Insured 10-02-2461 (Ed. 7-1 5) Attachment Code: D49628I Certificate ID: 15470814 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 1 of 1 Attachment Code: D496282 Certificate ID: 15470814 c.Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a.We will compute all premiums for this Coverage Part In accordance with our rules and rates. b.We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. 7.Separation Of lnsureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned In this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each Insured against whom claim is made or "suit" is brought. 8.Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. Page 12 of 16 To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after Toss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C. 9.When We Do Not Renew If we decide not to renew thls Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1."Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail address, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury" means injury, other than "bodily injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a.Copyrighted "advertisement'; or b.Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3."Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, compound or other material or "waste". 4. "Auto" means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it Is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5."Bodily injury" means physical: a.lnjury; b.Sickness; or c.Disease; Includes copyrighted material of ISO Properties, Form 10-02-1800 (Rev. 6-09) Inc., with its permission Attachment Code: D496286 Certificate ID: 15470814 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11/21/2017 at 12:01 AM standard titne, forms a part of Policy No. 54303306 of the Federal Insurance Company (NAME OF INSURANCE COMPANY) issued to HMS Construction, Inc. Endorsement No. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 0.00% of the total California premium. Schedule Person or Organization Job Description WHERE REQUIRED BY WRITTEN CONTRACT. WC 99 03 04 (Ed. 7-08) Attachment Code: D525214 Certificate ID: 15470814 4. Loss Payment — Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. CA00011013 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. © Insurance Services Office, Inc., 2011 Page 9 of 12 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form, 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. - CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form, However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured dogs not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "properly damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or Form: 16-02-0292 (Rev. 4-11) Attachment Code: D495607 Certificate ID: 15470814 borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1 - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto' will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: • • • • You; Any of your "employees" or agents: or Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Page 1 of 3 (1) with respect to the operation, maintenance or use of a covered "auto'; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "Insured contract" or written agreement; or (b) The permit has been issued to you. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. - TRANSPORTATION EXPENSES - of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. - COVERAGE EXTENSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations Indicate that Comprehensive Coverage Is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4, - COVERAGE EXTENSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended to add the following: Form: 16-02-0292 (Rev. 4-11) Attachment Code: D495607 Certificate ID: 15470814 d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: $2,500 for Toss of income incurred by the rental agency during the period of time that vehicle Is out of use because of actual damage to, or "loss" of, that vehicle, Including income lost due to absence of that vehicle for use as a replacement; $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss'; and $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE - BROADENED COVERAGE Paragraph A.4. - COVERAGE EXTENSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. 8. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible Insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.2. - LIMIT OF INSURACE - of SECTION III - PHYSICAL DAMAGE Is deleted and replaced with the following: 2. $2,000 is the most we will pay for "loss" In any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", Is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the Installation of such equipment; b. Removable from a permanently Installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Page 2 of 3 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather Than replaced. 11, TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form Is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "cult" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance Attachment Code: D495607 Certificate ID: 15470814 applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 8.2. - CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV - BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception dale of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV - BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal Insurance. 16. HIRED AUTO - COVERAGE TERRITORY Paragraph B.7.b.(5).(a) - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V - DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily Injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form; 16-02-0292 (Rev. 4-11) "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Attachment Code: D495607 Certificate ID: 15470814 Page 3 of 3 POLICY NUMBER: 54303305 COMMERCIAL GENERAL LIABILITY 10-02-2494 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON -RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s) and Address(es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US. The following Condition is added: Notice Of Cancellation Or Non -Renewal To Specified Persons Or Organizations 1. If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to any Person(s) or Organization(s) shown in the Schedule THIRTY (30) days prior to the effective date of cancellation or non -renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule TEN (10) days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non -renewal with respect to any other person(s) or organization(s). 10-02-2494 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. RESOLUTION NO. 2018 — 94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HMS CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $725,000 FOR THE HIGHLAND AVENUE TRAFFIC SIGNAL MODIFICATIONS PROJECT (CIP NO. 18-03; 2), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $108,750 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Highland Avenue Traffic Signal Modifications Project will replace existing permitted left -turn phasing / signal heads with protected left -turn phasing / signal heads for safety at the following six (6) intersections: • Highland Avenue & East 4'h Street; • Highland Avenue & Wal-Mart Driveway; • Highland Avenue & East 16th Street; • Highland Avenue & East 18th Street; • Highland Avenue & East 21 ' Street; • Highland Avenue & East 24'h Street; and WHEREAS, the Project will also provide Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, and other traffic signal modifications and equipment; and WHEREAS, on May 14, 2018, the Engineering Department, publicly opened, examined, and declared three (3) bids for the Highland Avenue Traffic Signal Modifications Project; and WHEREAS, HMS Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $725,000 as the basis of award; and WHEREAS, a 15% contingency amount up to $108,750 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Highland Avenue Traffic Signal Modifications Project to the lowest responsive, responsible bidder, to wit: HMS CONSTRUCTION, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute, on behalf of the City, a contract in the amount of $725,000 with HMS Construction, Inc., for the Highland Avenue Traffic Signal Modifications Project. Said contract is on file in the office of the City Clerk. Resolution No. 2018 — 94 Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $108,750 for any unforeseen changes to the Project. ATTEST: PASSED AND ADOPTED this 19th day of June, 2018. 1) M , ity Clerk it is ael R. D la APPROVED AS TO FORM: rns-Jones Attorney Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 19, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-94 of the City of National City, California, passed and adopted by the Council of said City on June 19, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to HMS Construction, Inc. in the not -to -exceed amount of $725,000 for the Highland Avenue Traffic Signal Modifications Project, CIP No. 18-03; 2) authorizing a 15% contingency in the amount of $108,750 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. PREPARED BY: Jose Lopez, Assistant Engineer - Civil DEPARTMENT: Engineering/Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. 7 INANCIAL STATEMENT: ACCOUNT NO. See attached. APPROVED: -V1 APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117 was approved March 23, 2015, and revalidated January 12, 2017. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to HMS Construction, Inc. in the not -to -exceed amount of $725,000 for the Highland Avenue Traffic Signal Modifications Project, CIP No. 18-03. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Financial Statement 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution `7?es./wf�o►-• ro• 20/8- 9`% EXPLANATION The Highland Avenue Traffic Signal Modifications Project will replace existing permitted left-tum phasing / signal heads with protected left -turn phasing / signal heads for safety at the following 6 intersections: • Highland Avenue & E. 4th Street • Highland Avenue & Wal-Mart Driveway • Highland Avenue & E. 16th Street • Highland Avenue & E. 18th Street • Highland Avenue & E. 21st Street • Highland Avenue & E. 24th Street The project will also provide Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, and other traffic signal modifications / equipment. On April 12, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 16, 2018 and April 23, 2018, the bid solicitation was advertised in local newspapers. On May 14, 2018, three (3) bids were received by the 2:00 p.m. deadline, opened and publicly disclosed. Bid results were available by the end of the business day, May 1,1, 2018. HMS Construction, inc. was the apparent lowest bidder with a total bid amount of $725,000 as the basis of award. HMS Construction, Inc.'s bid was determined to be responsive. Upon review of all required documents submitted and reference checks, HMS Construction, inc. was deemed the lowest responsible bidder qua! fied to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to HMS Construction, Inc. in the not - to -exceed amount of $725,000. Staff also recommends authorizing a 15% contingency in the amount of $108,750 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed by Spring 2019. Updates will be provided on the City's CIP website at: nationalcityprojects.com. Financial Statement Contract Award - $725,000.00 Revenue Account No. 296-06042-3498 Expenditure Account No. 296-409-500-598-6042 (Highland Avenue Traffic Signal Modifications) 15% Contingency - $108,750.00 Expenditure Account No. 296-409-500-598-6042 (Highland Avenue Traffic Signal Modifications) - $4,300.00 Expenditure Account No. 30 7-409-500-598-6558 (Traffic Signal Upgrades) - $104,450.50 Notes: 1. Fund 206 (Engineering Grants) - funds available through prior City Council Appropriations 2. Fund 307 (TransNet Prop A) - funds will be available in FY 2019 through adoption of the 2018 Regional Transportation improvement Program (RTIP); City Council authorized FY 2019 TransNet Prop A appropt iations in the amount of $800,000 for Traffic Signal Upgrades on April 3, 2018 through adoption of Resolution No. 2018-49. �--CALIFORNIA 4-0 NA:rioNAL arir BID OPENING RESULTS NAME: HIGHLAND AVENUE TRAFFIC SIGNAL MODIFICATIONS, CIP NO. 18-03 DATE: Monday, May 14, 2018 TIME: 2:00 P.M. ESTIMATE: $770,000 PROJECT ENGINEER Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1,2 BID SECURITY -BOND 1 HMS Construction, Inc. 2885 Scott Street Vista, CA 92081 $725,000.00 1,2 Bond 2 DBX, INC. 42024 Avenida Alvarado, Ste. A Temecula, CA 92590 $773,494.00 1,2 Bond 3 Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 $775,088.00 1,2 Bond -1- Bid Results for the Highland Avenue Traffic Signal Modifications Project. CEP No. 18-03 HMS Construction, Inc. DEX, Inc. Lekos Electric, Inc. Item Pio. Item, Description (S) Indicates Specialty Item UnitUnit Qty. Price Extension uan ' x (Quantity Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension uanti x (Quantity Unit Price) BaIC Bid - Highland Avenue Traffic S nal Modifir..nt ans (I3ISIPL,-5066(027)) *'--- 1 Bonding LS 1 $ 6,000.00 $ 6.000.00 $8,000.00 $ 8,000.00 $11,350.00 $ 11,350.00 2 Mobilization/ Demobilization LS 1 $ 15,000.00 $ 15,000.00 $3,500.00 $ 3,500.00 $42,000.00 $ 42,000.00 3 Surveying and Construction Staking (S) LS 1 $ 20,000.00 $ 20,000.00 $3,500.00 $ 3,500.00 $12,600.00 $ 12,600 00 4 Clearing and Grubbing LS 1 $ 5,000.00 $ 5,000.00 $1,200.00 $ 1,200.00 $8,400.00 $ 8,400.00 5 Traffic and Pedestrian Control LS 1 $ 12,000.00 $ 12,000.00 $10,500.00 $ 10,500.00 $17,800.00 $ 17,800.00 .5 Water Pollution Control/ BMP's LS 1 $ 3,000.00 $ 3,000.00 $1,500.00 $ 1,500.00 $13,000.00 $ 13,000.00 7 Signing and Striping (S) LS 1 $ 1,000.00 $ 1,000.00 $4,000.00 $ 4,000.00 $11,000.00 $ 11,000.00 v Traffic Signal Modifications (Highland Ave and 4th street) (S) LS 1 $ 80,000.00 $ 80,000.00 $75,140.00 $ 75,140.00 $70,500.00 $ 70,500.00 Traffic Signal Modifications (Highland Ave and Walmar= Driveway) (S) LS 1 $ 188,000.00 $ 188,000.00 $227,798.00 $ 22.7,798.00 $213,500.00 $ 213,500.00 10 Traffic Signal Modifications (Highland Ave and 16th street) (S) LS 1 $ 70,000.00 $ 70,000.00 $69,296.00 $ 69,296.00 $54,729.00 $ 54,729.00 11 Traffic Sisal Modifications (Highland Ave and 18th street) (S) LS 1 $ 70,000.00 $ 70,000.00 $68,405.00 $ 68,405_00 $52,754.00 $ 52,754.00 12 Traffic Signal Modifications (Highland Ave and 21.st street) (S) LS 1 $ 70,000.00 $ 70,000.00 $66,430.00 $ 66430.00 , $52,055.00 $ 52,055.00 HMS Construction, Inc. Extension (Quantity x Unit Price) DUX, Unit Price Inc. Lekos Electric, Inc Item No. Item Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 13 Traffic Signal Modifications (Highland Ave and 24th street) (S) LS. 1 $ 160,000.00 $ 160,000.00 $202,375.00 $ 202,375.00 $189,400.00 $ 189,400.00 14 Construct New ADA Compliant Curb Ramps EA 4 $ 6,000.00 $ 24,000.00 $7,800.00 $ 31,200.00 $6,200.00 $ 24,800.00 1 Relocate Existing Newspaper Vending Machines LS 1 $ 1,000.00 $ 1,000.00 $650.00 $ 650.00 $1,200.00 $ 1,200.00 - Eighland Avenue Traffic Signal Modifications Base Bid Total: $ 725,000.00 $ 773,494.00 $ 775,088.00 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HMS CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $725,000 FOR THE HIGHLAND AVENUE TRAFFIC SIGNAL MODIFICATIONS PROJECT (CIP NO. 18-03; 2), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $108,750 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Highland Avenue Traffic Signal Modifications Project will replace existing permitted left -turn phasing / signal heads with protected left -turn phasing / signal heads for safety at the following six (6) intersections: • Highland Avenue & East 4th Street; • Highland Avenue & Wal-Mart Driveway; • Highland Avenue & East 16th Street; • Highland Avenue & East 18th Street; • Highland Avenue & East 21st Street; • Highland Avenue & East 24th Street; and WHEREAS, the Project will also provide Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, and other traffic signal modifications and equipment; and WHEREAS, on May 14, 2018, the Engineering Department, publicly opened, examined, and declared three (3) bids for the Highland Avenue Traffic Signal Modifications Project; and WHEREAS, HMS Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $725,000 as the basis of award; and WHEREAS, a 15% contingency amount up to $108,750 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Highland Avenue Traffic Signal Modifications Project to the lowest responsive, responsible bidder, to wit: HMS CONSTRUCTION, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute, on behalf of the City, a contract in the amount of $725,000 with HMS Construction, Inc., for the Highland Avenue Traffic Signal Modifications Project. Said contract is on file in the office of the City Clerk. Resolution No. 2018 — Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $108,750 for any unforeseen changes to the Project. PASSED AND ADOPTED this 19th day of June, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney MATED CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk HMS CONSTRUCTION Owner -Contractor Agreement Highland Avenue Traffic Signal Modifications, CIP No. 18-03 Tirza Gonzales (Engineering/Public Works) forwarded a duplicate original Agreement to HMS Construction.