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2020 CON Lekos Electric, Inc. - CIP No. 19-14
CObLi 53 OWNER - CONTRACTOR AGREEMENT E. 4TH STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT, CIP NO. 19-14 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Lekos Electric, Inc. ("Contractor"), 1370 Pioneer Way, El Cajon, CA 92020, on the 20th day of October, 2020, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. 1 have read and understood all of the provisions of this Section 15, above: 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Alejandr. Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: Angil City • ris-Jones "Pr. rney Contractor: Lekos Electric, Inc. (Owner/Officer signature) Teresa E. Lekos - President, Secretary, Treasurer Print name and title (Secon. o ' cegnatureif a corporation) J. Riley Lekos - Vice President Print name and title 09001383 Contractor's City Business License No. 588410 C-10 State Contractor's License No. and Class 1370 Pioneer Way Business street address El Cajon CA 92020 City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) CORPORATE CERTIFICATE I, Teresa E. Lekos certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Teresa E. Lekos Contractor, was then President , who signed said contract on behalf of the 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, Teresa E. Lekos certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that John Riley Lekos Contractor, was then Vice President , who signed said contract on behalf of the of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss (Notary Seal) known to me to be partnership that executed the within instrument, a partnership executed the same. Signature: Name (Type or Print): (Nota My Commission expires: of ti}e'partners of the w ged to me that such c in and for said County and State) On CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Vic{ [-c=cC,,,ec„co e‹. State of California County of}5az9/e / / /* 2%' before me, edilZ, C� �� 7 4 / /G Date Here Insert Name and title of the\Offcer personally appeared } T�i. Ze/1'OS Name(s) of Signer(s) PAULA L. STINNETT Notary Public • California San Diego County Commission # 2247069 i My Comm. Expires Jul 19, 2022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e)'whose name(sris/ar-e— subscribed to the within instrument and acknowledged to me that 4etshe/They- executed the same in Mather/their authorized capacity{ies)' and that by his/her/their signature(sr on the instrument the person(sr or the entity upon behalf of which the persort(ej 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 han Signature: OPTIONAL Signatd a of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form' to an unintended document. Description of Attached Document �,�' Title or Type of Document: cVE �-C-2 1/ i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact -A Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Li i Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ;� - - _ � - _. ` _ � ._ ��:�:_ _ ` _ _ •tee_- _ � = •Q © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BOND NUMBER: 6021309771 PREMIUM: $2,542.00 Premium subject to adjustment based on final contract price. PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 20th day of October, 2020, has awarded Lekos Electric, Inc., hereinafter designated as the "Principal", the E. 4TH STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT, CIP NO. 19-14. 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 United States Fire Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Two Thousand, Seven Hundred Eighty Four ($102,784.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if 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 7th day of October , 20 20 . United State Fire Insurance Company (SEAL) Lekos Electric, Inc. (SEAL) (SEAL) AL) Lawrence F. McMahon Attorney -in -Fact (SEAL) Teresa E. Lekos, President (SEAL) Surety Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California jj n County of 5t4) U/Z On /�,O Date personally appeared before me, C7/71)&-77—/ / /40/16 Here Insert Name and Title of the Office 7e1-1517- ZeM5 Name(s) of Signer(s) PAULA L. STINNETT Notary Public - California San Diego Counry Commission # 2247069 My Comm. Expires Jul 19, 2022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persor e)- whose name(s) is/ere- subscribed to the within instrument and acknowledged to me that # efshe/they- executed the same in laisfher/their authorized capacity(fes); and that by laielher/thefr signature(sr" on the instrument the person(s); or the entity upon behalf of which the person(s)-acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han Signature: OPTIONAL Signafifre of Nofary public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu n Title or Type of Document: /.D����iY��%G Number of Pages: Signer(s) Other Than Z&J Document Date: Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Please see attached California All -Purpose Acknowledgment for Surety PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document] STATE OF CALIFORNIA County of San Diego } On October 7, 2020 before me, Rachel A. Mullen , Notary Public, Date personally appeared Insert Name of Notary exactly as it appears on the official seal Lawrence F. McMahon Names) of SIpner(s) RACHEL A r;ULLEN Notary Public - California San Diego County Commission # 2181212 My Comm. Ex^! I n 23. 20 't e e�� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( j whose name( t is/thli subscribed to the within instrument and acknowledged to me that he/eftifffitl executed the same in hisf f/t) fa/ authorized capacity(10), and that by his04/10* signature* on the instrument the person(J$,q, or the entity upon behalf of which the person(/¢lj 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 ha Signature OPTIONAL n official seal. Signature of Notary Public Rachel A. Mullen Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General Attomey in Fact D Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 87171413620 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lilia De Loera, Janice Marlin each, its true and lawful Attomy(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars (S7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2021. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including,without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22nd day of August 2019. UNITED STATES FIRE INSURANCE COMPANY k/T. Anthony R. Slimowicz, Executive Vice President State of Pennsylvania ) County of Philadelphia ) On this 22nd day of August 2019, before me, a Notary public of the State of Pennsylvania, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. Commonwealth of Pennsylvania —Notary Seal Tamara Watkins, Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22, 2023 Commission number 1348843 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 October 7, 2020 UNITED STATES FIRE INSURANCE COMPANY Al Wright, Senior Vice President BOND NUMBER: 6021309771 Premium included in Performance Bond. PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 20th day of October, 2020, has awarded Lekos Electric, Inc., hereinafter designated as the "Principal", the E. 4TH STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT, CIP NO. 19-14. 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 United States Fire Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Two Thousand, Seven Hundred Eighty Four j$102,784.00). 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 7th day of October , 20 20 United States Fire Insurance Company (SEAL) Lawrence F. McMahon Attorney -in -Fact Surety (SEAL) (SEAL) Lekos Electric, Inc. Teresa E. Lekos, President (SEAL) L) (SEAL) Principal Title or Type of Document: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California �� County of 57/4) h'±::c On ZI—MX Datebefore me, �7���/ ✓) 1 f Aft/C- Here/44Insert Name and Title of the Officer personally appeared ��-///r 2405 Name(s) of Signer(s) PAULA L. STINNETT Notary Public - California San Diego County Commission # 2247069 My Comm. Expires Jul 19, 2022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e)- whose name(e) is/are- subscribed to the within instrument and acknowledged to me that He/she/they- executed the same in his/her/their authorized capacity(ies); and that by #isfher/Heir signature(s)- on the instrument the person(,sr or the entity upon behalf of which the person(sracted, 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 . Signature: OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fora-/ to an unintended document. Description of Attached Docu� Number of Pages: Sig (s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — D Limited El General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Document Date: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): 1_: Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Please see attached California All -Purpose Acknowledgment for Surety ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On October 7, 2020 before me, Date personally appeared } Rachel A. Mullen , Notary Public, Insert Name of Notary exactly as n appears on the official seal Lawrence F. McMahon Name(s) of Slgner(s) HACHEL A. P:IULLEN Notary Public - California San Diego County Commission # 2181212 My Comm. Expires Jan 23, 2021 Place Notary Seal Above Signature OPTIONAL who proved to me on the basis of satisfactory evidence to be the person() whose name( Jj subscribed to the within instrument and acknowledged to me that he/ST/WI► N/ executed the same in hisUfr/,tf ,it authorized capacity(W), and that by his/J)//J signature(} on the instrument the person*, or the entity upon behalf of which the person( ] 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 official seal. q- Signature of ota �ry Public Rachel A. Mullen Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner 0 Limited 0 General CAI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 87171413620 KNOW ALL MIEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lille De Loera, Janice Martin each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attomey revokes all previous Powers of Attorney issued on behalf of the Attomeys-In-Fact named above and expires on January 31, 2021. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22nd day of August 2019. UNITED STATES FIRE INSURANCE COMPANY ?/7.: Anthony R. Slimowicz, Executive Vice President State of Pennsylvania } County of Philadelphia } On this 22❑d day of August 2019, before me, a Notary public of the State of Pennsylvania, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. ACommonwealth of Pennsylvania — Notary Seal �' Tamara Watkins, Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22, 2023 Commission number 1348843 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 October 7, 2020 UNITED STATES FIRE INSURANCE COMPANY AP ON\ Al Wright, Senior Vice President i % ® AR -l7 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/2/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 701 B Street, 6th floor San Diego CA 92101 CONTACT NAME: Norma Figueroa PHONE FAX (AIc No Ext): 619-849-3871 (Arc. No): 619-699-2163 ADDRESS: NFigueroa@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Insurance Company of the West 27847 INSURED LEKOELE-01 Lekos Electric, Inc. Pioneer Equipment, LLC 1370 Pioneer Way El Cajon CA 92020 INSURER B : Continental Insurance Company 35289 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:1670247627 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 ADDLN SUBR POLICY NUMBER POLICY EFF (MMrDDIYYW) POLICY EXP (MMIDDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 6076453626 3/1/2020 3/1/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RENE PREMISESO(Ea occur ence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ B AUTOMOBILE X X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y 6076453609 v 3/1/2020 3/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y 6076453612 3/1/2020 3/1/2021 EACH OCCURRENCE $8,000,000 AGGREGATE $ 8,000,000 DED X I RETENTIONS -mini $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N /A Y WSD504604801 1/22/2020 1/22/2021 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Job #1546, E. 4th Street Protected Left -Turn Enhancements Project, CIP #19-14, E. 4th Street, National City, CA 91950. City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are included as Additional Insureds on primary and non-contributory basis, per project aggregate applies, waiver of subrogation applies. Umbrella/Excess Liability follow form applies. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard 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. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or . B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 6076453626 Page 1 of 2 Endorsement No: 1 Continental Insurance Company Effective Date: 3/1/2020 Insured Name: Lekos Electric, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Continental Insurance Company Insured Name: Lekos Electric, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6076453626 Endorsement No: 1 Effective Date: 3/1/2020 Policy# 6076453626 ' ,- It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted bythis paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal andadvertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by. this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named. Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor' b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled 'Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products - completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products - completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to applyas stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). il. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j• Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products - completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: rararararararararararararara; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE - ELEVATORS A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance. Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX 104-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 1 of 4 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6076453609 Policy Effective Date: 03/01/2020 Policy Page: 64 of 144 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to Toss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX 104-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 2 of 4 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6076453609 Policy Effective Date: 03/01/2020 Policy Page: 65 of 144 S Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX 104-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 3 of 4 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6076453609 Policy Effective Date: 03/01/2020 Policy Page: 66 of 144 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, inc►uding mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 4 of 4 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6076453609 Policy Effective Date: 03/01/2020 Policy Page: 67 of 144 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ALL CALIFORNIA ORGANIZATION WHEN OPERATIONS REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/22/2020 Policy No. WSD504604801 Endorsement No.1 Insured LEKOS ELECTRIC INC Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By er"*I's ‘va ‘kr$041 WC990634 (Ed. 8-00) INSURED Wllliant CERTIFICATE OF INSURANCE REQUEST FORM Attn: Email: Insured: Norma Figueroa nfigueroa@alliant.com Lekos Electric, Inc. CERTIFICATE HOLDER (Name and address as it should appear on the certificate) National City 1243 National City Boulevard Enhancements Project, CIP No.19-14 National City CA 91950 Job Type: ❑ Residential ® Commercial ❑ WRAP/OCIP Date: 10-2-20 PROJECT INFORMATION CONTRACT OR JOB #: 1546 JOB NAME: E. 4th Street Protected Left -Turn ❑ One -Time Only ❑ Other: CERTIFICATE HOLDER CONTACT PHYSICAL ADDRESS: NAME:carla Hutchinson PHONE #:619-336-4380 FAX #:619-336-4397 EMAIL: chutchinsonCa�nationalcityca.qov E. 4th Street National City CA 91950 CHECK ALL THAT APPLY (Please note not all option may be available through your carriers) GENERAL LIABILITY Additional Insured ❑ Waiver of Subrogation ❑ Primary Wording ❑ Per Project Aggregate ❑ "X" out cancellation wording ❑ Al for Completed Ops ❑ EQUIPMENT ❑EXCESS - UMBRELLA ®AUTOMOBILE ❑ Additional Insured ❑ Waiver of Subrogation ®WORKERS COMPENSATION ❑ Waiver of Subrogation ['PROPERTY ❑LEASED/RENTED EQUIPMENT SPECIAL INSTRUCTIONS (Including any other entities to be named as additional insured) Please attach insurance contract requirements from the certificateholder. Please see special requirements attached for per their contract. For company use only E. 4th STREET PROTECTED LEFT -TURN ENHANCEMENTS CIP No. 19-14 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. 1 or more of the reasons listed in the preceding paragraph 2. Notices from you to the DBE regarding the request 3. Notices from the DBEs to you regarding the request If a listed DBE is terminated, make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution. Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Local Agency Bidder DBE Commitment (Construction Contracts), attached hereto as Bid Document #7 Exhibit 15-H DBE Information - Good Faith Efforts. 7-2.8 BUY AMERICA REQUIREMENTS. See Buy America program requirements in Exhibit 12-G. 7-2.9 FEDERAL TRAINEES. For the Federal training program, the number of trainees or apprentices is 0 . See Federal Trainee program requirements in Exhibit 12-G. 7-2.10 Payment. All costs associated with compliance with section 7-2 LABOR shall be borne by the Contractor and there shall be no additional costs to the Agency. Contractor's compliance with all parts of section 7-2 LABOR and its incorporated or referenced parts is a condition precedent to any payment due. 7-3 LIABILITY INSURANCE 7-3.1 General. The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described herein. Surety companies and insurance companies shall familiarize themselves with all of the conditions and provisions of the Contract Documents, and they waive the right of special notification of any change or modification of the Contract Documents or of decreased or increased work or of the cancellation of the Contract, or of any other acts by the Agency or any other additionally insured, under the terms of the Contract. Notwithstanding the provisions of any other contract or agreement, the failure of any 100 E. 4th STREET PROTECTED LEFT -TURN ENHANCEMENTS CIP No. 19-14 surety company or insurance company to receive notification of any of the aforesaid changes shall in no way relieve the surety company or insurance company of its obligations under the Contract. 7-3.2 Employer's Liability Insurance. Contractor shall provide during the life of this Contract, Employer's Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide Agency with a certificate of Employer's Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the Agency. 7-3.3 Commercial General Liability Insurance. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, "occurrence" form Commercial General Liability insurance coverage, at least as broad as the most current ISO CAL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury, independent contractors, Completed Operations/Products (for ten [10] years after final completion) and Blanket Contractual, which may arise from or out of Contractor's operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross -liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage and general aggregate limit of not less than Four Million Dollars ($4,000,000) (or current limit, if greater) providing at least all of the following minimum coverage (with deductibles or self - insured retentions not to exceed $25,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits with the Agency and others covered having the right to select legal counsel. 1. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. 2. The limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to the Agency and others, and shall not preclude the Agency from taking such other actions available to the Agency under other provisions of the Contract Documents or law. 3. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the Agency, it's employees, elected 101 E. 4th STREET PROTECTED LEFT -TURN ENHANCEMENTS CiP No. 19-14 officials, private consultants hired by the Agency or volunteering to work on the project and volunteers harmless from any damage, loss, cost, or expense, including attorneys' fees, incurred by the aforementioned as a result thereof. 4. All general liability policies provided pursuant to the provisions of this Article shall comply with all the provisions of the Contract Documents. 5. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non -owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under -ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the Agency may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. 7-3.4 Automobile Liability Insurance. Contractor shall take out and maintain at all times during the term of this Contract a comprehensive "occurrence" form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, two million dollars ($2,000,000) (or current limit carried, if higher) combined single limit for bodily injury and property damage, providing at least all of the following coverage (with deductibles or self -insured retentions not to exceed $25,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the Agency. Such insurance shall comply with the provisions of the Contract Documents. 7-3.6 Form and Proof of Carriage of Insurance. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the Agency's Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VI1. Insurance deductibles or self -insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the Agency. At the election of the Agency the Contractor shall either 1) reduce or eliminate such deductibles or self -insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a "follow form" endorsement satisfactory to the Agency indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. 102 E. 4th STREET PROTECTED LEFT -TURN ENHANCEMENTS CIP No. 19-14 Contractor shall cause its insurance carrier(s) to furnish the Agency with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the Agency's Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. The Agency, its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers shall be named as Additional Insureds on Contractor's All Risk policy and on Contractor's and its subcontractors' policies of Commercial General Liability and Automobile Liability insurance using, for Contractor's policy/ies of Commercial General Liability insurance, ISO CG forms 2010 and 20 37 (or endorsements providing the exact same coverage), and, for subcontractors' policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). All of the following endorsements are required to be made a part of each of the above described policies: 1. "City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are hereby added as additional insures but only as respects work done by, for, or on behalf of the named insures." 2. "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of National City and all other additionally insured may possess, including self -insured retention, the City of National City and all other additionally insured may possess, and any other insurance the City of National City and all other additionally insured do possess shall be considered excess insurance only." 3. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." 4. "All and each additionally insured shall have the right to select their own defense counsel." 5. "Thirty (30) days prior written notice of cancellation shall be given to the Agency in the event of cancellation and/or reduction in coverage of any nature. Such notice shall be sent to: Roberto Yano, Director of Public Works/City Engineer City of National City 1243 National City Blvd. National City, CA 91950 103 E. 4th STREET PROTECTED LEFT -TURN ENHANCEMENTS CIP No. 19-14 6. "All policies of insurance shall contain a provision under which the insurance carrier waives its rights of subrogation with respect to the Agency and the other parties names as additional insures in Section 7-4.2, paragraph (i)." Certificates of Insurance on AIA Document G705 (1978) or other Agency -approved form, shall be submitted to the Engineer prior to commencement of the Work. The Contractor shall provide one copy of each required Certificate of Insurance for each copy of the Agreement. The Contractor shall furnish copies of separate certificates and endorsements for each Subcontractor. The Contractor agrees to furnish promptly to the Agency originals of any endorsements issued after execution of the Contract amending the Contractor's coverage or limits. The Contractor further agrees that, upon receipt of any notice of cancellation or alteration, the Contractor shall procure, within five (5) days, other policies of insurance similar in all respects to the policy or policies about to be canceled or altered. If the Contractor fails to provide acceptable policies of insurance, the Agency may obtain such insurance at the cost and expense of Contractor. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the Agency prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the Agency may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the Agency receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the Agency has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this section. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the Agency's insurance and/or deductibles and/or self -insured retentions or self - insured programs shall not be construed as contributory. The Contractor shall provide 104 E. 4th STREET PROTECTED LEFT -TURN ENHANCEMENTS CIP No. 19-14 endorsement(s) to this effect, using ISO CG form 20 01 or endorsement(s) providing the exact same coverage, at the Agency's request. The Agency reserves the right to adjust the monetary limits of insurance coverage during the term of this Contract including any extension thereof if in the Agency's reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. Contractor shall require all tiers of sub -contractors working under this Contract to provide the insurance required under this Article 29 unless otherwise agreed to in writing by Agency. 7-3.7 Investigation and Cooperation. Contractor agrees to assist in every manner possible in the reporting and investigation of any accident and, upon request, to cooperate with all interested insurance carriers in the handling of any claim by securing and giving evidence and obtaining the attendance of witnesses as required for the resolution of any claim or lawsuit. 7-3.8 Limitations. Nothing contained in these insurance requirements is to be construed as limiting the type, quality or quantity of insurance that the Contractor should maintain, or the extent of the Contractor's responsibility or liability for payment of damages resulting for the Contractor's operations under the Contract. The carrying of the insurance specified herein shall not be construed to be a limitation of liability on the part of the Contractor or as a matter of law. 7-3.9 Payment. All costs for compliance with section 7-3 LIABILITY INSURANCE shall be borne by the Contractor and there shall be no additional costs to the Agency. 7-4 WORKERS COMPENSATION INSURANCE 7-4.1 General. The Contractor shall obtain, and at all times during performance of the Work or Contract maintain, workers' compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case any of sublet Work, the Contractor shall require the subcontractor similarly to provide workers' compensation insurance for all the latter's employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor's insurance shall be covered by the Contractor's insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers' Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the Agency certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the Agency, if in the form and coverage as set forth in the Section 7-3. Endorsement No. 5 listed above is the only endorsement required to be made a part of the Workers Compensation and Employers' Liability policy. 7-4.2 Payment. All costs for compliance with section 7-4 WORKERS COMPENSATION INSURANCE shall be borne by the Contractor and there shall be no additional costs to the Agency. 105 ACTTN BY UNANIMOUS WRITTEN CONSENT OF THE ;: OARD OF DI =F CTO ,: S OF LEIS ELECTRIC, INC., A CALIFORNIA CORPORATION E active Date: January 22, 2015 The undersigned, constituting all of .the members of the Board of Directors of Lekos Electric, Inc., a California corporation (the "Company"), acting after due consideration and pursuant to the authority of § 307(b) and any other applicable provision of the California General Corporation Law or other applicable law, hereby adopt the following resolution, effective as of the date written above: NOW, TiE'REFORE, IT IS RESOLVED, that the following person be and he hereby is elected to the office indicated after his name to serve during the ensuing year and until his successor has been duly elected or appointed and qualified, or until his earlier removal in accordance with . the Company's Articles of Incorporation or Bylaws, his death, incapacity or resignation: John Riley Lekos Vice President . JRT: 'R RESOLVED, that pursuant to Article IV, Section 7 of the Bylaws of the.Company, as amended, the position of Vice President occupied by John Riley Lekos as described above is delegated with the following duties and activities: (1) To negotiate and sign on behalf of the Company all construction contracts to which the Company is a party; (2) To negotiate and sign on behalf of the Company other miscellaneous documents pertaining to the operations of the Company, except for the documents pertaining to the excluded duties described in the next resolution; and (3) To do all things necessary to carry out the objectives of the Company as assigned and/or directed by the president or the Board of Directors, subject . to the next resolution below. FE/Eli:LER RESOLVED, that he position of Vice President occupied by John Riley Lekos as described above is expressly not authorized to perform the following duties and activities: (1) To be a signer on any bank accounts associated with the Company; (2) To make any decisions pertaining to the financial affairs of the business; (3) To make any decisions over the Company's tax matters, including but not limited to the payment of taxes and tax liabilities; (4) To sign any forms, paperwork, correspondence, documents (e.g., tax returns) to any taxing authorities; (5) To make any decisions regarding the payment of accounts payable, including a prohibition from making any decisions as to the priority of payment of creditors; and (6) To make any decisions regarding payroll disbursements. This Action by Unanimous Written. Consent may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. Ofr Date Teresa E. Lekos, Director Date Action by Ur:animousWritten Consent of the Board of Directors of Lekos Electric, Inc., a California corporation Page 2 ACTION BY WRITTEN CONSENT OF THE SOLE MEMBER OF THE BOARD OF DIRECTORS OF LEKOS ELECTRIC, INC. IN LIEU OF ANNUAL MEETING Effective Date: October 11, 2016 The undersigned, being the sole member of the Board of Directors of Lekos Electric, Inc., a California corporation. (the "Company"), acting pursuant to the authority of the Bylaws of the Company and §307(b) of the California General Corporation Law and any other applicable provision(s) of California law or other applicable law, hereby adopts by this written consent the following recitals and resolutions, effective as of the effective date written above: . 'REAS, the undersigned Director intends that this action by written consent e the place of the regular annual meeting of Board of Directors of the Company. NOW, 1IEREFORE, IT IS RESOLVED, the following person be and her hereby is elected to the offices indicated after her name below to serve during the ensuing year and until her successor has been duly elected or appointed and qualified, or until her earlier removal in accordance with the Company's Articles of Incorporation or Bylaws, her death, incapacity or resignation: Teresa E. Lekos - Chief Executive Officer, President, Chief Financial Officer and Secretary RESOLVED FUR11 R, that the undersigned Director, having been is active in the operations of the Company on a day-to-day basis throughout the period beginning with the Company's formation and continuing through the effective:date hereof, is familiar with the annual operations and financial condition of the Company, and she hereby waives the presentment in this Written Consent of a formal operational and financial report for any portion of that period, including calendar. year 2016. RESOLVED FUR11R, that all transactions directly and indirectly between the Company and one or more of its officers, including all wages, benefits and perquisites paid to them or for their benefit, all loans made by them to the Company, and all payments by the Company to them regarding said loans, are hereby ratified and approved. RESOLVED FUR11LR, that Gary Moyer be, and he hereby is, appointed agent for service of process for the Company to serve during the ensuring year and until such time as a successor has been duly appointed. • •. Z RESOLVED FURTHER, that all actions taken by the officers and/or Director of the Company, acting together or alone, perforined in good faith, in a manner deemed by the Director to be in the best interest of the Company and its shareholder, whether or not such acts are reflected in minutes, resolutions or otherwise in writing and expressly including the entering into of all agreements and the execution of all documents since the last annual meeting of the Company's Board of Directors (or written consent in lieu thereof), are ratified and approved. IN WITNESS WHEREOF, the undersigned has executed this Action by Written Consent on the date indicated beside the signature block below, effective as of the date first written above. /Obi /.-'sV e>/Ze-e. Date • Teresa E. Lekos, • Director of Lekos Electric, Inc. Action by Raton Consent of theb'oleMember ofthe Board ofDirectors of Lebo Electric, Inc. Ds Liat ofAnnual Meeting Signature Page Form -9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification I. Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. a 0 0 • e'. o. o U o • ;? c e 0. o a w .0 rn m rn 1 Name (as shown on your income tax retum). Name is required on this line; do not leave this line blank. Lekos Electric, Inc. 2 Business name/disregarded entity name. if different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the. following seven boxes. ' ❑ Individual/sole proprietor or ❑ C Corporation S"Corporation ❑ Partnership single -member LLC • ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the. appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise. a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ' ❑ Other (see instructions) ► ❑ Trust/estate 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies toaacuntsmainteined outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 1370 Pioneer Way 6 City, state, and ZIP code El Cajon CA 92020 Requester's name and address (optional) 7. List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do nothave a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for tine 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer Identification number 3 3 0 3 9 0 5 9 8 Pail I1 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or.I am waiting for a number to be issued to me); and 2. I ern not subject to backup withholding because: (a) I am exempt from backup withholding, or.(b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends; or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (rf any) indicating that I am exempt from FATCA,reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the 1RS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, ' acquisition or abandonment of securpqproperty, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments • other than interest and dividend 'yo e not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► los General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as Legislation enacted after they were published, go to www.Irs.gov/FormW9., Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information retum. Examples of information retums include, but are not limited to, the following. • Form 1099-INT (interest eamed or paid) Date AO Uc) 2-0 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 10997K (merchant card and third party network transactions) • Form 1098 (home mortgage interest),1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Reif. 10-2018) City of National City BUSINESS TAX CERTIFICATE "For Services Provided in National City, California Only" Business Name LEKOS ELECTRIC INC. Business Location 1370 PIONEER WAY EL CAJON, CA 92020-1626 Business Owner(s) TERESA LEKOS LEKOS ELECTRIC INC. 1370 PIONEER WAY EL CAJON, CA 92020-1626 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS • THAT IS OTHERWISE PROHIBITED: Business Type Account Number Effective Date Expiration Date 2020 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Contractor- Sub (Based Out Of City) .. 09001383 January.01, 2020 December 31, 2020 City Manager NOTE: IT IS YOUR OBLIGATION TO RENEW THIS CERTIFICATE WHETHER OR NOT YOU RECEIVE A RENEWAL NOTICE For all Inquiries regarding this certificate, contact HdL Business Tax Support Center at (619).382-2596. LEKOS ELECTRIC INC. Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: NationalCity@HdLgov.com or by telephone at (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code' and other applicable laws; nor to conduct business in a zone where conducting such business violates law. If you have a fixed placeof business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises. Otherwise, every Business Tax Certificate holder not having a flied place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or othern movable structure or device at all times if required by the Collector. 1... ,;_- BUSINESS TAX NA1 I Ty CENTER M ` � .. - 8839 N CEDAR AVE #212 LEKOS ELECTRIC INC. 1370 PIONEER WAY EL CAJON, CA 92020-1626 SUPPOIERS Elkb JAN 2 J EKOS .,i .:'.i • City of National. City BUSINESS TAX CERTIFICATE Account Number: 09001383 Date of Issue: 01I01/2020 RESOLUTION NO. 2020 - 195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO LEKOS ELECTRIC, INC. IN THE AMOUNT OF $102,784 FOR THE EAST 4TH STREEt PROTECTED LEFT -TURN ENHANCEMENTS PROJECT, CIP NO. 19-14; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $15,418 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on December 12, 2016, the California Department of Transportation (Caltrans) awarded the City of National City ("City") a $177,440 Highway Safety Improvement Program (HSIP) grant for the E. 4th Street Protected Left -Turn Enhancements Project; and WHEREAS, City ;Staff has identified the traffic signal operations as a top safety priority in the City; and WHEREAS, City Staff conducted a safety evaluation for the project locations utilizing the most recent five years of collision data; and WHEREAS, from January 1, 2009 to December 31, 2013 there have been 9 collisions within the influence area of the project signalized locations; and WHEREAS, City Staff has determined that modifying the project intersection traffic signals from permissive left turn phasing to protected left -turn phasing will reduce crash incidence and improve intersection safety for motorists, pedestrians, and bicyclists; and WHEREAS, on January 27, 2020, Caltrans authorized the City to proceed with the construction phase in,the amount of $.177,400; and WHEREAS, the project proposes to replace existing permissive left -turn phases and signal heads with protected left -turn phases and signal heads on existing and/or new traffic signal poles and mast arms to enhance safety at the following intersections: • Palm Avenue & East 4th Street • Euclid Avenue & East 4th Street WHEREAS, on August 25, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on September 1, 2020 and September 3, 2020, the bid solicitation was advertised in local newspapers; and WHEREAS, On September 15, 2020, five (5) bids were received by the 2:00 p.m. deadline for the East 4th Street Protected Left -Turn Enhancements Project, CIP No. 19-14; and WHEREAS, Lekos Electric, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $102,784; and WHEREAS, a 15% contingency amount up to $15,418 for any unforeseen changes to the Project is requested. Resolution No. 2020 —195 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards Citywide Safety Lighting Enhancements Project, CIP No. 19-15, to the lowest responsive, responsible bidder, to wit: LEKOS ELECTRIC, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $102,784 with Lekos Electric, Inc. for the East 4th Street Protected Left -Turn Enhancements Project, CIP No. 19-14. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $15,418 for any unforeseen changes. PASSED and ADOPTED -this 20th day of October, 2020 ATTEST: 112 Michael R. DaIIa, pity Clerk APPROVED AS TO FORM: ngil P orris-J•�e`s, y ttorn AlejandrSoteIl9•Solis, ayor Passed and adopted by the Council of the City of National City, California, on October 20, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS BY: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-195 of the City of National City, California, passed and adopted by the Council of said City on October 20, 2020. City National City, California CI rk of the City By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMEN-i aoo(-1-s3 MEETING October 20, 2020 AGENDA ITEM 13 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Lekos Electric, Inc. in the amount of $102,784 for the E. 4th Street Protected Left -Turn Enhancements Project, CIP No. 19- 14; 2) authorizing a 15% contingency in the amount of $15,418 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Carla Hutchinson, Assistant Engineer - CiviP4bEPARTMENT: Engin PHONE: 619-336-4388 APPROVED BY: EXPLANATION. See attached explanation. d Public Works FINANCIAL STATEMENT: APPROVED:> FINANCE ACCOUNT NO. APPROVED: V1IS )ntract Award (funds are available through prior City Council CIP Appropriations) (penditure Account No. 296-409-500-598-6047 (E. 4th Street Protected Left -Turn Enhancements) - $102,784 15% Contingency — (Funds are available through prior City Council CIP Appropriations) Expenditure Account No. 296-409-500-598-6047 (E. 4th Street Protected Left -Turn Enhancements) - $15,418 ENVIRONMENTAL Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(8), approved November 19, 2019. ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION 0 STAFF Adopt Resolution awarding a contract to Lekos Electric, Inc. in the amount of $102,784 for the E. 4th Street Protected Left -Turn Enhancements Project, CIP No. 19-14. BOARD / COMMISSION N/A "TTACHMENTS 1. Etcplanation w/ Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution Explanation On December 12, 2016, the California Department of Transportation (Caltrans) awarded a $177,440 Highway Safety Improvement Program (HSIP) grant for the E. 4th Street Protected Left -Turn Enhancements Project. Staff identified traffic signal operations as a top safety priority, in the City. The City conducted a safety evaluation for the project locations utilizing the most recent five years of collision data. From January 1, 2009 to December 31, 2013 there have been-9 collisions within .the influence area. The City determined that modifying the project intersection traffic signals from permissive left turn phasing to protected left -turn phasing will reduce crash incidence and improve intersection safety for motorists, pedestrians, and bicyclists. On January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $177,400. There is no local match requirement. The project proposes .to replace existing permissive left -turn phases and signal heads with protected left -turn phases and signal heads on existing and/or new traffic signal poles and mast arms to enhance safety at the following intersections: • Palm Ave & E. 4th St • Euclid Ave & E. 4th St On August 25, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On September 1, 2020 and September 3, 2020, the bid solicitation was advertised in local newspapers. On September 15, 2020, five (5) bids were received by the 2:00 p.m. deadline. Bid results were immediately available for viewing on PlanetBids. Lekos Electric, Inc. was -the appare-nt lowest -bidder with -a -total bid crnrount of-$-1-027784 ---- - -- documents submitted, Lekos Electric, Inc. bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Lekos Electric, Inc. in the. not -to - exceed amount of $102,784. Staff also recommends authorizing a 15% contingency in the amount of $15,418 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. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by Spring 2021. -1- LEGEND U EXISTING TRAFFIC SIGNAL EQUIPMENT -VII PROPOSED TRAFFIC SIGNAL EQUIPMENT ® PROPOSED ADA CURB RAMPS PALM AVE & E 4TH ST EUCLID AVE & 4TH ST NkTIONAMIT INCORPOaxr19 PROPOSED CONDITIONS CITY OF NATIONAL CITY ATTACHMENT 1 -2- • NADI jw *44 by Jrer: xr .--.4 WS • .93 Nolo it } aw0 i iv►' ►+ 1 3 i t sip �.Y vim} • f t %e, M lam' a0„u • LEGEND ® SIGNALIZED PROJECT LOCATION CITY BOUNDARY CALTRANS RIGHT OF WAY a s 11 } r td rkf *Sus* ���} 7 ..,..M 4. 1 • Ord , • f .0 1.4 i Y.w a , - ... 'Or ' V. .. I.,, ; 1 ax too" 1 1 `o9Y �X Y JN .A t.Y A • Y �} 3, 4 — rti 4 O.yM p.wr.`h p4bK}:t Ir �i• Nw • 44 ,, N ..f st 1Q 4 "of Tke I di\ -4q.."..44 ti o,,r a t ‘9119..4 VICINITY MAP CITY - BOUNDARY PROJECT LOCAT I ON 134. NLO_I?Y r ' c . njrot,nro VICINITY/LOCATION MAP CITY OF NATIONAL CITY ATTACHMENT 1 -3- �._ \ 1 1 , CALIFORNIA .NnONA�L City BID OPENING RESULTS NAME: E. 4th Street Protected Left -Turn Enhancements Project CIP NO: 19-14 DATE: Tuesday, September 15, 2020 TIME: 2:00 P.M. ESTIMATE: $150,000 PROJECT ENGINEER: Carla Hutchinson NO. BIDDER'S NAME BID AMOUNT BED SECURITY - BOND 1. Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 $102,784.00 Bond 2. Baker Electric 1298 Pacific Oaks Place Escondido, CA 92029 $115,995.00 Bond 3. Perry Electric 11519 woodside ave santee, CA 92071 $134,500.00 Bond 4. Palm Engineering 7330 OPPORTUNITY ROAD SUITE A SAN DIEGO, CA 92111 $134,849.75 Bond 5 CTE, Inc. 9991 Possum Creek Lane El Cajon, CA 92021 $177,700.00 Bond -4- E. 4th Street Protected Left-...... Enhancements (CIP No. 19-14) Lekos Electric, Inc. Baker Electric Perry Electric Item No Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $8,200.00 $8,200.00 $5,450.00 $5,450,00 $3,000.00 $3,OQD.E}0 2 Traffic Control LS 1 $4,200.00, $4,200.00 $1,000.00 $1,000.00 $8,000.00 $8,000.00 3 Signal Wiring and Splicing LS 1 $5,134.00 $5,134.00 $4,491.00 $4,491,00 $24,000.00 524,000.00 4 Remove existing equipment per plan LS 1 $1,200.00 $1,200.00 $9,906.00 $9,906.00 $5,000.00 $5,000.00 5 Sidewalk repair LS 1 $4,000.00 $4,000.00 $6,888.00 $6,888.00 $8,000.00 $8,000.00 6 Relocate existing EVP detector from vehicle head to mast arm with mounting and wiring EA 8 $220.00 $1,760.00 $115.00 4 $920.00 $500.00 $4,000.00 7 Furnish and Install New Polara iN2 (or approved equal) APS Pushbutton System Complete with Control Unit and Pushbutton Assemblies per Plans EA 2 $8,700.00 $17,400.00 $9,595.00 $19,190.00 $7,500.00 $15,000.00 8 Furnish and Install GTT Opticom (or approved equal) pole mounted GPS Radio Unit Complete including mounting hardware and cable and 764 Multimode Phase Selector EA 1 $11,800.00 $11,800.00 $19,000.00 $19,000.00 $12,000.00 $12,000.00 9 Furnish and Install mast arm mounted "Dog House" 5-section vehicle head with mounting EA 6 $1,100.00 $6,600.00 $1,170.00 $7,020.00 $1,200.00 $7,200.00 10 Furnish and Install pole mounted 5-section vehicle head with mounting EA 6 $1,400.00 $8,400.00 $1,482.00 $8,892.00 $1,200.00 $7,200.00 11 Furnish and Install custom sign per CA MUTCD and per plan EA 2 $300.00 $600.00 $246.00 $492.00 $500.00 $1,000.00 12 Furnish and Install LED countdown pedestrian head module EA 16 $326.00 $5,216.00 $302.00 $4,832.00 $200.00 $3,200.00 13 Furnish and Install New Pedestrian Pushbutton Post with Foundation Complete per Caltrans Standard Plan ES-7A EA 1 $1,700.00 $1,700.00 $1,088.00 $1,088.00 $3,200.00 $3,200 00 14 Furnish and Install #5 Pull Box EA 2 $450.00 $900.00 $661.00 $1,322.00 $1,500.00 $3,000.00 15 16 17 18 Furnish and Install 2" PVC Conduit Furnish and Install 1" PVC Conduit Furnish nd Install 6' vehicle detection loop Furnish and Install LED safety light fixture EA EA EA EA 30 6 3 $48.00 $65.00 $600.00 $1,913.00 $.15,;36000.... $32.00 $78.00 $1,511.00 $1,676.00 $1.0,9401(K):::.' $50.00 $300.00 $900.00 $1,600.00 Total $102,784.00 $115,995.00 $134,500.00 OWNER - CONTRACTOR AGREEMENT E. 4TH STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT, CIP NO. 19-14 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Lekos Electric, Inc. ("Contractor"), 1370 Pioneer Way, El Cajon, CA 92020, on the 20th day of October, 2020, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. -7- 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 -8- services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) -9- 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: Contractor: Lekos Electric, Inc. (Owner/Officer signature) Teresa E. Lekos - President, Secretary, Treasurer Print name and title ature if a corporation) By: J. Riley Lekos - Vice President Angil P. Morris -Jones City Attorney Print name and title 09001383 Contractor's City Business License No. 588410 C-10 State Contractor's License No. and Class 1370 Pioneer Way Business street address El Cajon CA 92020 City, State and Zip Code -10- 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. -11- EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) -12- CORPORATE CERTIFICATE I, Teresa E. Lekos certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Teresa E. Lekos , who signed said contract on behalf of the Contractor, was then President 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, Teresa E. Lekos certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that John Riley Lekos , who signed said contract on behalf of the Contractor, was then Vice President 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: -13- STATE OF PARTNERSHIP CERTIFICATE COUNTY OF ) ss On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: -14- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California n ,D/.�� County of � , %29i } c�r� car rErz On / U , %) before me, /91//b/ U'G%U�)) 4W"1,24 Date Here Insert Name and Title of the r er personally appeared Telec5751 Zeit _,) Name(s) of Signer(s) PAULA L. STINNETT Notary Public - California San Diego County Commission # 2247069 My Comm. Expires Jul f9, 2022 who proved to me on the basis of satisfactory evidence to be the person(e whose name(e)- is/are- subscribed to the within instrument and acknowledged to me that 4e•1she/t+iey executed the same in biefher/t.heir authorized capacity(ies); and that by tgeWher/419eir signature(sj~ on the instrument the person(s); or the entity upon behalf of which the person 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 ha Place Notary Seal Above Signature: OPTIONAL Sigture of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 -15- BOND NUMBER: 6021309771 PREMIUM: $2,542.00 Premium subject to adjustment based on final contract price. PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 20th day of October, 2020, has awarded Lekos Electric, Inc., hereinafter designated as the "Principal", the E. 4TH STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT, CIP NO. 19-14. 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 United States Fire Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Two Thousand, Seven Hundred Eighty Four ($102,784.00I 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 -16- change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. iN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 7th United Stes Fire Insurance Company (SEAL) (SEAL) day of October , 20 20 Lekos Electric, Inc. ✓ (SEAL) lz(Xtt..,(/ LEAL) Lawrentf F. McMahon Attorney -in -Fact (SEAL) Teresa E. Lekos, President Surety Principal (SEAL) -17- Please see attached California All -Purpose Acknowledgment for Surety PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: -18- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California %� County of 570 , Z 5 On before me, Date Here Insert Name and Title of the Off personally appeared Name(s) of Signer(s) PAULA L. STINNETT Notary Public - California San Diego County Commission # 2247069 My Comm. Expires Jul 19, 2022 i- Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e)'whose name(s) is/ere' subscribed to the within instrument and acknowledged to me that hefshe/t4ey executed the same in We/her/theft authorized capacity(iesrand that by hisfher/tteefr- signature(s) on the instrument the person(s)' or the entity upon behalf of which the person(e)''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 ha Signature: OPTIONAL Signat e of otary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this forrri to an unintended document. Description of Attached Docurpen Title or Type of Document: Number of Pages: Signer(s) Other Capacity(ies) Claimed by Signer(s) Signer's Name: Than ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Document Date: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 -19- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On OCT 0 7 2020 before me, } Maria Guise , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(s) of Signer(s) MARIA GUISE _ COMMISSION te 2283717 3 E 3� Notary Public - California ORANGE COUNTY My Comm. Expires Apr. 14, 2023 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(N whose name( Jj is/MY0 subscribed to the within instrument and acknowledged to me that he/ft/fhWy executed the same in hisli)r,fffhat authorized capacityM), and that by hisaltftet# signature(£* on the instrument the person(l i), or the entity upon behalf of which the person* 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 han and o ial seal. Signature OPTIONAL Signature of Notary Public Maria Guise Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here -20- POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 87171413620 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lilia De Loera, Janice Martin each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars (S7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attomey issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2021. This Power of Attomey is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3,1I, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. ITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto i this 22nd day of August 2019. UNITED STATES FIRE INSURANCE COMPANY (JP � )\ i Anthony R. Slimowicz, Executive Vice President State of Pennsylvania } County of Philadelphia } On this 22❑d day of August 2019, before me, a Notary public of the State of Pennsylvania, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. Commonwealth of Pennsylvania — Notary Seal aCV/ILCO�' Tamara Watkins, Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22, 2023 Commission number 1348843 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 October 7, 2020 UNITED STATES FIRE INSURANCE COMPANY Al Wright, Senior Vice President -21- BOND NUMBER: 6021309771 Premium included in Performance Bond. PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 20th day of October, 2020, has awarded Lekos Electric, Inc., hereinafter designated as the "Principal", the E. 4' STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT, CIP NO. 19-14. 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 United States Fire Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Two Thousand, Seven Hundred Eighty Four 1$102,784.00j lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. -22- It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of 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 Sur above named, on the 7th day of October 2020 United �t�ftes Fire Insurance Company (SEAL) Lekos Electric, Inc. (SEAL) Z„.'��-,e__— (SEAL) Lawrce F. McMahon (SEAL) Teresa E. Lekos, President (SEAL) Surety Principal Attorney -in -Fact Ott w .5 'iLf4‘ X J (SEAL) -23- Please see attached California All -Purpose Acknowledgment for Surety ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ) ss On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS i -24- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California jj �,� County of G ,(Jia5-3 On OZ Date personally appeared before me, Here Insert Name and Title of the Offi /ere5),) 2e/ Name(s) of Signer(s) er PAULA L. STINNETT Notary Public - California San Diego County Commission # 2247069 My Comm. Expires Jul 19, 2022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons)' whose name(e). is/are- subscribed to the within instrument and acknowledged to me that i9efshe/tkqey executed the same in We/her/theft- authorized capacity4ies); and that by 1his/her/t4eir signature(sr on the instrument the persons); or the entity upon behalf of which the person(era-cted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d ffici Signature: OPTIONAL Signre of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docut Title or Type of Document: Number of Pages: Sr(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 141' Document Date: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 -25- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On OCT 0 7 ct21J before me, Date personally appeared } Maria Guise , Notary Public, Insert Name of Notary exactly as it appears on the official seal Lawrence F. McMahon Name(s) of Signer(s) y ° MHRIAGUISE coMM1nlssloN u 2283717 E: ? i6il , Notary Public - California 3 OR NGECOUNTY `.."' My Comm Expires Apr. 14, 2023 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(* whose name(/$/) is/#0, subscribed to the within instrument and acknowledged to me that hel,tIjyOM/ executed the same in his/jyilf/ti,// authorized capacity(M), and that by his/,ryef/,Miry signatureA) on the instrument the personN, or the entity upon behalf of which the person j acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my handM andoffi 'al seal. Signature of Notary Public Maria Guise Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner 111 Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner E Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here -26- POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE -MORRISTOWN, NEW JERSEY 87171413620 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lilia De Loera, Janice Martin each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attomeys-In-Fact named above and expires on January 31, 2021. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in fonn, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. TNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto this 22nd day of August 2019. UNITED STATES FIRE INSURANCE COMPANY '1.K)„ Anthony R. Slimowicz, Executive Vice President State of Pennsylvania } County of Philadelphia } On this 22"d day of August 2019, before me, a Notary public of the State of Pennsylvania, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. Commonwealth of Pennsylvania —Notary Sealm,. Tamara Watkins, Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22, 2023 Commission number 1348843 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 October 7, 2020 UNITED STATES FIRE INSURANCE COMPANY ,!��,�_� 1 � ��. Al Wright, Senior Vice President -27- 1 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF LEKOS ELECTRIC, INC., A CALIFORNIA CORPORATION Effective Date: January 22, 2015 The undersigned, constituting all of the members of the Board of Directors of Lekos Electric, Inc., a California corporation (the "Company"), acting after due consideration and pursuant to the authority of § 307(b) and any other applicable provision of the California General Corporation Law or other applicable law, hereby adopt the following resolution, effective as of the date written above: NOW, ILiE'REFORE, IT IS RESOLVED, that the following person be and he hereby is elected to the office indicated after his name to serve during the ensuing year and until his successor has been duly elected or appointed and qualified, or until his earlier removal in accordance with . the Company's Articles of. Incorporation or Bylaws, his death, incapacity or resignation: John Riley Lekos Vice President FURTHER RESOLVED, that pursuant to Article IV, Section 7 of the Bylaws of the Company, as amended, the position of Vice President occupied by John Riley Lekos as described above is delegated with the following duties and activities: (1) To negotiate and sign on behalf of the Company all construction contracts to which the Company is a party; (2) To negotiate and sign on behalf of the Company other miscellaneous documents pertaining to, the operations of the Company, except for the documents pertaining to the excluded duties described in the next resolution; and (3) To do all things necessary to carry out the objectives of the Company as. assigned and/or directed by the president or the Board of Directors, subject to the next resolution below. FURTHER RESOLVED, that he position of Vice President occupied by John Riley Lekos as described above is expressly not authorized to perform the following duties and activities: (1) To be a signer on any bank accounts associated with the Company; (2) To make any decisions pertaining to the financial affairs of the business; -28- (3) To make any decisions over the Company's tax matters, including but not limited to the payment of taxes and tax liabilities; (4) To sign any forms, paperwork, .correspondence, documents (e.g., tax returns) to any taxing authorities; (5) To make any decisions regarding the payment of accounts payable, including a prohibition from making any decisions as to the priority of payment of creditors; and (6) To make any decisions regarding payroll disbursements. This Action by Unanimous Written Consent may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. ‹,4/0/ Date Teresa E. Lekos, Director Date John Cis, Director Action by Unanimous Written Consent of the Board of Directors of Lekos Electric Inc., a California cmporalion Page 2 • ACTION BY WRITTEN CONSENT OF THE SOLE MEMBER OF THE BOARD OF DIRECTORS OF LEKOS ELECTRIC, INC. IN LIEU OF ANNUAL MEETING Effective Date: October 11, 2016 The undersigned, being the sole member of the Board of Directors of Lekos Electric, Inc., a California corporation (the "Company"), acting pursuant to the authority of the Bylaws of the Company and §307(b) of the California General Corporation Law and any other applicable provision(s) of California law or other applicable law, hereby adopts by this written consent the following recitals and resolutions, effective as of the effective date written above: WHEREAS, the undersigned Director intends that this action by written consent e the place of the regular annual meeting of Board of Directors of the Company. NOW, THEREFORE, IT IS RESOLVED, the following person be and her hereby is elected to the offices indicated after her name below to serve during the ensuing year and until her successor has been duly elected or appointed and qualified, or until her earlier removal in accordance with the Company's Articles of Incorporation or Bylaws, her death, incapacity or resignation: Teresa E. Lekos. - Chief Executive Officer, President, Chief Financial Officer and Secretary RESOLVED FURTHER, that the undersigned Director, having been is active in the operations of the Company on a day-to-day basis throughout the period beginning with the Company's formation and continuing through the effective 'date hereof, is familiar with the annual operations and financial condition of the Company, and she hereby waives the presentment in this Written Consent of a formal operational and financial report for any portion of that period, including calendar. year 2016. RESOLVED FURTHER, that all transactions directly and indirectly between the Company and one or more of its officers, including all wages, benefits and perquisites paid to them or for their benefit, all loans made by them to the Company, and all payments by the Company to them regarding said loans; are hereby ratified and approved. RESOLVED FURTHER, that Gary Moyer be, and he hereby is, appointed agent for service of process for the Company to serve during the ensuring year and until. such time as a successor has been duly appointed. RESOLVED FURTHER, that all actions taken by the officers and/or Director of the Company, acting together or alone, performed in good faith, in a manner deemed by the Director to be in the best interest of the Company and its shareholder, whether or not such acts are reflected in minutes, resolutions or otherwise in writing and expressly including the entering into of all agreements and the execution of all documents since the last annual meeting of the Company's Board of Directors (or written consent in lieu thereof), are ratified and approved. IN WITNESS WHEREOF, the undersigned has executed this Action by Written Consent on the date indicated beside the signature block below, effective as of the date first written above. /a/ Date Teresa E. Lekos, Director of Lekos Electric, Inc. Action by Written Consent of the,Soie Member of the Board ofDirectors ofLekos Electric, Inc. in Lieu of Annual Meeting Signature Page -31- RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO LEKOS ELECTRIC, INC. IN THE AMOUNT OF $102,784 FOR THE EAST 4TH STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT, CIP NO. 19-14; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $15,418 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on December 12, 2016, the California Department of Transportation (Caltrans) awarded the City of National City ("City") a $177,440 Highway Safety Improvement Program (HSIP) grant for the E. 4th Street Protected Left -Turn Enhancements Project; and WHEREAS, City Staff has identified the traffic signal operations as a top safety priority in'the City; and WHEREAS, City Staff conducted a safety evaluation for the project locations utilizing the most recent five years of collision data; and WHEREAS, from January 1, 2009 to December 31, 2013 there have been 9 collisions within the influence area of the project signalized locations; and WHEREAS, City Staff has determined that modifying the project intersection traffic signals from permissive left turn phasing to protected left -turn phasing will reduce crash incidence and improve intersection safety for motorists, pedestrians, and bicyclists. WHEREAS, on January 27, 2020, Caltrans authorized the City to proceed with, the construction phase in the amount of $177,400; and WHEREAS, the project proposes to replace existing permissive left -turn phases and signal heads with protected left -turn phases and signal heads on existing and/or new traffic signal poles and mast arms to enhance safety at the following intersections: • Palm Avenue & E. 4th Street • Euclid Avenue & E. 4th Street WHEREAS, on August 25, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on September 1, 2020 and September 3, 2020, the bid solicitation was advertised in local newspapers; and WHEREAS, On September 15, 2020, five (5) bids were received by the 2:00 p.m. deadline for the East 4th Street Protected Left -Turn Enhancements Project, CIP No. 19-14; and WHEREAS, Lekos Electric, Inc, was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $102,784; and WHEREAS, a 15% contingency amount up to $15,418 for any unforeseen changes to the Project is requested. Resolution No. 2020 — Page Two . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards Citywide Safety Lighting Enhancements Project, CIP No. 19-15, to the lowest responsive, responsible bidder, to wit: LEKOS ELECTRIC, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $102,784 with Lekos Electric, Inc. for the East 4th Street Protected Left -Turn Enhancements Project, CIP No. 19-14. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $15,418 for any unforeseen changes. PASSED and ADOPTED this 20th day of October, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney