Cities Index.
Item 9 - Award of Contract to HMS Construction, Inc. for the Midland Road Safety Improvements Project, Bid #24-004

Poway City Council
June 18, 2024

Document
Item 9 - Award of Contract to HMS Construction, Inc. for the Midland Road Safety Improvements Project, Bid #24-004
Meeting
June 18, 2024
Body
Poway City Council
Pages
11
Original file
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June 18, 2024, Item #9
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 18, 2024
Honorable Mayor and Members of the City Council
' Julie Procopio, Director of Development Serviceqo
Miguel Solano, Assistant Engineer .
(858) 668-4653 or [email protected]~

CITY COUNCIL
Award of Contract to HMS Construction, Inc., for the Midland Road Safety Improvements Project, Bid No. 24-004, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
This action will award a construction contract to HMS Construction, Inc. for the Midland Road Safety Improvements project. This project involves replacement of existing warning signs with fluorescent yellow-green signs, installation of rapid flashing beacon signs and a speed feedback sign to enhance pedestrian safety on Midland Road between Norwalk Street and Putney Road.

Recommended Action:

It is recommended the City Council:
1) Award the construction contract for the Midland Road Safety Improvements project to HMS Construction, Inc., in the amount of $320,000.00 and authorize the City Manager to execute the contract (Attachment A);
2) Appropriate additional funds in the amount of $8,300.00 from Excess SAFE Reserve Fund (2840) available fund balance to the Midland Road Safety Improvements project (ST002); 3) Appropriate additional funds in the amount of $158,700.00 from the Highway Users Tax Account Fund (2110) available fund balance to the Midland Road Safety Improvements project (ST002); and
4) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

On October 17, 2023, the City Council supported the City's Traffic Safety Committee's recommendation to install improvements along Midland Road to address pedestrian safety after several residents expressed concerns related to speed and other traffic related issues. The City's traffic consultant, Kimley-Horn, assessed the condition and prepared the bidding documents to replace existing warning signs with fluorescent yellow-green signs, install rapid flashing beacon signs and a 1 of 11
June 18, 2024, Item #9
speed feedback sign along Midland Road between Norwalk Street and Putney Road.

Bids were opened on May 30, 2024. A total of three bids were received for the construction contract, ranging as follows:

Company Total Bid Amount
HMS Construction, Inc. $320,000.00
Xcel Engineering $342,105.00
Tri-Group Construction and Development. Inc. $398,000.00 The low bid of $320,000.00 submitted by HMS Construction, Inc., is an acceptable bid that is responsive to and meets the requirements of the bid specifications. The contract time for this project is 30 working days with an engineer's estimate of $200,000.00. The higher-than-expected bids for this . project can be attributed, in part, to the volatile market conditions, where fluctuating material prices and labor costs have driven up the overall expenses. Staff intends to construct the project this summer before school starts.

Environmental Review:

The proposed modifications to an existing city street are Categorically Exempt from CEQA as a Class 1 Categorical Exemption, pursuant to Section 15301 (C) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.

Fiscal Impact:

The proposed Fiscal Year 2024-25 Capital Improvement Program budget includes a total of $206,400.00 in funding for this project. Approval of this item will require the appropriation of an additional $8,300.00 from the Excess SAFE Reserve Fund (2840) and $158,700.00 from the Highway Users Tax Account Fund (2110) to the Midland Road Safety Improvements project (ST002) for a total revised project budget of $373,400.00, which includes the cost for the construction contract, 15% construction contingency allowance and required material testing.

Public Notification:

None.

Attachments:

A. Construction Contract
Reviewed/Approved By:

Assistant City Manager
2 of 11
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
June 18, 2024, Item #9
SECTION 8

CONSTRUCTION CONTRACT

CITY OF POWAY

MIDLAND ROAD SAFETY IMPROVEMENTS
This Contract made and entered into this 19th day of June 2024, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and HMS Construction, Inc. hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:

1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition

2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.

3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement:
3 of 11
The proposed work shall be performed in accordance with the project specifications, City standards and other contract documents and consists of the following:
• Furnish and Install New Fluorescent Yellow-Green Signs • Furnish and Install New Signs with Solar Power LED Rectangular Rapid Flashing Beacons (RRFBs)
• Furnish and Install New Solar Power LED Flashing Signs • Furnish and Install Solar Power LED Speed Feeback Signs • Relocation of existing signs
1 ATTACHMENT A
June 18, 2024, Item #9
• Traffic Control

4. Contractor agrees to perform all the said work and furnish all the said materials at their own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.

5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $320,000.00 the "Contract Price."

6. 7.

8. 9.
4 of 11
City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.

Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 30 Working Days after the date specified in the Notice to Proceed.

Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City.

By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.

In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.

Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects.

Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1. 2 June 18, 2024, Item #9

10. Contractor
shall
be
subject
to
the
penalties
in
accordance
with
Labor
Code
of
§
1775
for each
worker
paid
(either
by
Contractor
or
by
any
subcontractors
under
Contractor)
less
than
the
prevailing
rate
described
above
on
the
work
provided
for
in
this
Contract.

11. Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
labor
constitutes
a
legal
day's
work,
and
§ 1812
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
calendar
week
by
each
worker
employed
by
them
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.

12. Contractor
will
comply
with
the
provisions
of
Labor
Code
§
1777
.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.
13 .

Contractor,
by
executing
this
Contract,
hereby
certifies
:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for and
maintaining
in
full
force
and
effect
for
the
duration
of
the contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.

14. 15.
5 of
11 Contractor
shall,
concurrent with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.
a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1
,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.

Contractor
shall
provide
insurance
on
an
occurrence,
not
claims-made
basis.

Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avo
iding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
3 June 18, 2024, Item #9
6 of
11 bodily
injury
and
prop
,erty
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period.
b.

Contractor
shall
further
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.

Contractor
shall
further
procure
and
maintain at
its
expense,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law.

If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City.

This
provision
shall
not
apply
if Contractor
has
no
employees
performing
work
under
this
Agreement.

Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City,
and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same. Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.

All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VII,
in
accordance
with
the
current
Best's
Ratings. e.

Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors,
architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or
retains
pursuant
to
or
in
any
way
related
to
the
performance
of
this
Agreement,
provide
the
insurance
coverage
required
herein,
at
minimum,
and,
except
for
worker's
compensation
coverage,
name
as
additional
insureds
the
parties
to
this
Agreement.

Contractor
agrees
to
monitor
and
review all
such
coverage
and
assumes
all
responsibility
for
ensuring
that
such
coverage
is
provided
in
conformity
with
the
requirements
of
this
Section.
f.

In
the
event
this
Agreement
is
terminated
for
any
reason
prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement,
Contractor
agrees
to
maintain
all
coverages
required
herein
until
the
City
provides
written
authorization
to
terminate
the
coverages
following
the
City's
review
and
determination
that
all
liability
posed
under
this
Agreement
as
to
the
party
providing
insurance
has
been
eliminated.
4 June 18, 2024, Item #9
g.

Contractor
agrees
and
acknowledges
that
if
it
fails
to
obtain
all
of
the
insurance
required
in
this
Agreement
in
accordance
with the
requirements
herein,
or
to
obtain
and
ensure
that
the
coverage
required
herein
is
maintained
by
any
subcontractors
or
others
involved
in
any
way
with
the
Project,
Contractor
shall
be
responsible
for
any
losses,
claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
nature
attributable
to
the
City
, and/or
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements

17. 7
of
11 to
the
City
as
evidence
of
the
insurance
coverage
required
herein
.

Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City. b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.

Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages.
c.

Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.

Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.

Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non-renewal
or
reduction
in
coverage
or
limits
.
e.

All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
a.

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
5 June 18, 2024, Item #9

18. 19. 20. 21. 22
.

23. 24. 25.
8 of
11 b.

The
City
does
not,
and
shall
not,
waive
any
rights
that
it
may
have
against
Contractor under
this
Section
because
of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.

The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein.

Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing
executed
by
the
Contractor
and
the
City.

Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.

The
Contract
Documents
contain
all
of
the
agreements
and
understandings
of
the
parties
and
all
previous
understandings,
negotiations,
and
contracts
are
integrated
into
and
superseded
by
this
Contract.

In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Contract
shall
be
declared
invalid
or
unenforceable
by
a
valid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect
any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Contract
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
parties
hereunder.

The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this
Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
this
Contract.

This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local,
state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.

After
completion
of
the
work
contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms
supplying
materials,
and
all
subcontractors
upon
the
project
have been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if
any,
to
be
set
forth
in
an
affidavit
covering
disputed
claims
or
items
in
connection
with
a
Stop
Notice
that
has
been
filed
under
the
provision
of
the
laws
of
the
State
of
California
.
6 June 18, 2024, Item #9

26. All
work
shall
be
subject
to
inspection
and
testing
by
City
and
its
authorized
representatives
during
manufacture
and
construction
and
all
other
times
and
places,
including,
without
limitation
, the
plans
of
Contractor
and
any
of
its
suppliers.

Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.

All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work.

The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.

Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.

27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City.

28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.

29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705
.

30. a.

Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
11 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.

The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section 25117
of
the
Health
and
Safety
Code;
ii.

Subsurface
or
latent
physical
conditions
at
the
site
differing
from
those
indicated
in
the
specifications;
or
iii.

Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.

Pending
a determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e
.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.

City
shall
promptly
investigate
the
reported
conditions.

If City,
through
and
in
the
exercise
of
its
sole discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
d.

In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
7 June 18, 2024, Item #9
increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

31. This Contract is to be governed by the laws of the State of California.

32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank)
10 of 11 8
June 18, 2024, Item #9
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.

Contractor's Name:

HMS Construction, Inc.

Print Name of Construction Company
By:

Signature
Chris Morales
Print Name
Contractor information:

Address for Notices and Payments
2885 Scott Street
Vista CA 92081
Telephone Number: 760-727-9808
Email: [email protected]
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9

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