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HomeMy WebLinkAbout2003 CON Portillo Concrete Inc - Concrete ImprovementsCity of National City, California COUNCIL AGENDA STATEMENT /FETING DATE December 2, 2003 9 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. FOR MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY, SPECIFICATION NO. 03-5 PREPARED BY Din Daneshfar 336-4387 EXPLANATION DEPARTMENT AGENDA ITEM NO. Public Works/Engineering SEE ATTACHED EXPLANATION Environmental Review N/A Financial Statement / 6 Approved By: The funds are available in Account Nos. 301-409-500-598-6133, 109-409-500-598-6134, Finance Director 109-409-500-598-6137, and 301-409-500-598-6137. Account No. STAFF RECOMMENDATION -3 i/C RECOMMEND 1� :::e Adopt the Resolution. TI BOARD / COMMISSION ON N/A ATTACHMENTS ( Listed Below) Resolution No. 2003-166 1. Resolution 2. Bib Opening Information Sheets 3. Bid Proposal Spreadsheet for the three lowest bidders A-200 (9.99) EXPLANATION: On November 10, 2003, five bids were received and opened for the Miscellaneous Concrete Improvements at Various Locations in National City, Specification No. 03-5. The project consists of the removal and replacement of the existing curb and gutter (235-LF), sidewalk (11,725-SF), and installation of new concrete sidewalk (14,625-SF), driveway (1035-SF) and pedestrian ramp (48-EA), including minor pavement repair, traffic control, clearing and grubbing at various locations in National City. Staff has reviewed the bid documents and found the lowest responsive bidder, Portillo Concrete, Inc. qualified to perform the work. The total amount budgeted for the work is estimated at $276,000.00.This amount includes the proposed lowest bid amount ($226,107.50), approximately 15% ($34,000) for inspection, approximately 2% ($4,500) for surveying, and approximately 5% ($11,000) for contingencies. The Bid Opening Information Sheet is attached for further review. RESOLUTION NO. 2003 —166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. FOR MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY (Engineering Specification No. 03-5) WHEREAS, the Engineering Department did, in open session on November 10, 2003, publicly open, examine and declare all sealed bids for miscellaneous concrete improvements at various locations in National City, Specification No. 03-5. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements at various locations in National City to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between Portillo Concrete, Inc. and the City of National City for miscellaneous concrete improvements at various locations in National City. Said contract is on file in the office of the City Clerk. Passed and adopted this 2nd day of December, 2003. Nick nzunza, Mayor ATTE T' 4 Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 2, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R DALLA City Clerk of the City of National City, California By: Martha L. Alvarez, Deputy City Clerk I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-166 of the City of National City, California, passed and adopted by the Council of said City on December 2, 2003. City Clerk of the City of National City, California By: Deputy BID OPENING SPECIFICATION NUMBER: 03-5 PROJECT TITLE: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATION OPENING DATE: MONDAY, NOVEMBER 10, 2003 TIME: 10:OOAM ESTIMATE: $ 220,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME AND ADDRESS (PAGE 13 OR 14) BID AMOUNT (PAGE 15 ) ADDENDA (PAGE 13) BID SECURITY (PAGE 19- CHECK) (PAGE 20- BOND) 1. PORTILLO CONCRETE, INC. 3528 Harris Street, $ 226,107.50 X X 2. SCHEIDEL CONTRACTING & ENGINEERING,INC. $ 230,875.00 X X P. O. Box 1796 3. KOCH-ARMSTRONG GEN.ENG., INC. P. O. Box 1190 $ 234,434.50 X X 4 J.M SCIBILIA, INC. P. O. Box 300855 $ 239,359.25 X X 5. CDM CONSTRUCTION, INC. 1632 Pioneer Way $ 316,337.50 X X Misc. Concrete Improvements at various locations in National City Spec. No. 03-5 Item QTY UNIT 1 1 LS Clearing & Grubbing 2 11725 SF Conc. Sidewalk Remove & Replace per G-7 3 16 EA Install Ped Ramp per G-28, Type A-1 or Mod. 4 4 EA Install Ped Ramp per G29, or Mod. 5 28 EA Install Ped Ramp per G31 or Mod. (with curb or gravity wall on PL) 6 235 LF 6" or 8" Type "G" Curb&Gutter Removal & Replacement per G-2 7 42 TN Variable Thickness A.C. 8 1 LS Traffic Control 9 14625 SF Install New Sidewalk per G-7 10 40 TN Crushed Misc. Base 11 20 CY Unclassified Excavation and Fill 12 1035 SF Install New Conc. Dwy. Per G14A/13 Item Descri motion Pre pared b y: Progress Est. No. 11119103 Koch -Armstrong General En • ineering $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 2,900.00 $ 2,900.00 City Of National City 1243 National City Boulevard, National City, CA 91950 Scheidel Contracting Potillo Concrete, Inc. & Engineering, Inc. $ 5.50 $ 64,487.50 $ 6.00 $ 70,350.00 $ 5.80 $ 68,005.00 $ 1,200.00 $ 19,200 00 $ 1,500.00 $ 24,000.00 $ 1,200.00 $ 19,200.00 $ 1,200.00 $ 4,800.00 $ 1,750.00 $ 7,000.00 $ 1,500.00 $ 6,000.00 $ 1,100.00 $ 30,800.00 $ 1,500.00 $ 42,000.00 $ 1,200.00 $ 33,600.00 $ 30.00 $ 7,050.00 $ 32.00 $ 7,520.00 $ 37.00 $ 8,695.00 $ 200.00 $ 8,400.00 $ 100.00 $ 4,200.00 $ 281.00 $ 11,802.00 $ 3,000.00 $ 3,000.00 $ 7,520.00 $ 7,520.00 $ 10,600.00 $ 10,600.00 $ 5.00 $ 73,125.00 $ $ 50.00 $ 2,000.00 $ $ 50.00 $ 1,000.00 $ 100.00 $ 2,000.00 $ $ 6.00 $ 6,210.00 $ (1) Total $ 226,107.50 (2) Total $ 230,875.00 (3) Total $ 234,434.50 7.00 $ 7,245.00 $ 3.00 $ 43,875.00 $ 30.00 $. 1,200.00 $ 4.10 $ 59,962.50 71.20 $ 2,848.00 65.00 $ 1,300.00 9.20 $ 9,522.00 CONTRACT MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. THIS CONTRACT, made and entered into this 2nd day of December, 2003 by and between the City of National City, California, herein after designated as the "City", and Portillo Concrete, Incorporated, hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 03-5. and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, 9-16-03 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement toarbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the America Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 9-16-03 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: Title: By: Title: S 6' ef/F0 Federal ID. No. ZS Z213 Meleco CITY: By: Title: Mayor, City of Na tonal City ATTEST: By: /1 Title: City Clerk, City ofN.tional City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) S A4 l+k-t-4k4 9-16-03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared ti State of California ri County of St`'t"�OfC626 On 1 L[ ®3 Date/ J SS. , before me, A, &4-,iE,2 Sc4 Name and Title of Officer (eh., "Jane Doe, No i4216 u b LUPEA.STOVER Commission# 1310462 Notary Public - California San Diego County My Comm. Expires Jun 24, 200 Place Notary Seal Above `wg tic , Public") -- Name(s) of Signer(s) 4personally known to me ❑ proved to me on the basis of satisfactory evidence to be the erso whose •,ftigDs)c5afe subscribed to the within instrument and acknowledged to me thatareitii.e.y•executed the same in IS heF4hei.p authorized capacity) and that by oer4t e - signatu e) on the instrument thetpersor'sj or e entity upon behalf of which th erso acted, executed the instrument. WITNESS my hand and .jicial seal. Signature of N,tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Cfons .4_a MtWQELi. *4t�3tt3LtS Q n3 c�2b E Title or Type of Document:) y14ebUt^"bttia. k- f A2ipu.V3 LoC4- .a7vS •s•PE-C K3003- 5 Document Date�t=C 6t'Y?. a (e o-3 Signer(s) Other Than Named Above: iJ I VA Capacity(ies) Claimed by Signer__ Signer's Name: jNi t4-r2;t o c, �❑/.Individual `� Corporate Officer — Title(s): 1 P�5 VOL&i'4 \ / C t� ❑ Partner — E Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is RepresentingYpQ tLLT) C cj j t • 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationelnottryorg Number of Pages: �(o Prod. No. 5907 RIGHT THUMBPRINT OF SIGNER Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ti 48 State of California County of ✓n� O1��O On 1 2/2D62/ 03 before me, �.e • c tYL, ►� t �a z_yv 13 L ate Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared (kwor Porm £L rsi LUPE A. STOVER Commission # 1310462 Notary Public - California San Diego County My Comm. Expires Jun 24, 200o Place Notary Seal Above Name(s) of Signer(s) Yrpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the .erson s- whose *Safe subscribed to the within instrument and acknowledged to me that he sh /thtey executed the same in-14,4fiEIti=teir authorized , and that by tlie-if. on the instrument the ,.ra r. i ($), or the entity upon behalf of which th- persons) acted, executed the instrument. WITNESS my hand and official seal. ignature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Cot skae3i ON �s r 1-(i. ti p1tOfLS C=ao�C R Title or Type ofDocument:1104-2.6JE;Nel-A-c,,,_ itf2i�gS�yc)A-VVC0rS 5Qi0•03-S Document Dates G r`1M lit a 6 a O Number of Pages: /co Signer(s) Other Than Named Above: Capacity(ies) Claimed by Zjgnen Signer's Name: ( ► ❑ Individual (` y X Corporate Officer — Title(s):cs C. Q.-E "1"4►p-/ C ❑ Partner — ❑ Limited ❑ General E. Attorney in Fact ❑ Trustee ❑ Guardian or Conservator E Other: Signer Is Representing:VA20-1-1) CZ)K3 �.�✓. `.4�•\.A.,4x✓,rv✓ti,4`.• ✓ e,• • 4`, Ay A.,aVq✓4�.�ti• RIGHT THUMBPRINT OF SIGNER Top of thumb here 4`,4 • 4 © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotaryorg A., a•,. • 4�•, • 4,40..,.��. \. Al ,• • ..ti• Lam•,• • ti Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. CORPORATE CERTIFICATE I, liko- PORTILLO certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that %/9406 Patatt f) who signed sad contract on behalf of the Contractor, was then WA (Darr 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, ct iij i . oR Cc certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that M Prei.o a 0 w igned said contract on behalf of the Contractor, was then "5 ( i 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: 9-16-03 Bond No. 6159498 Bond Premium $2,761 PERFORMANCE BOND MISCELLANEOUS CONCRhI E IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03 -5. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2003-166, passed the 2nd day of December, 2003 has awarded to Portilio Concrete, Inc., hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. 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 First National Insurance Company of America as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Two Hundred Twenty Six Thousand One Hundred Seven Dollars and Fifty Cents ($226,107.50)lawfvl money of the United States, for the payment of which sum well and truly to be made, we hind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified. and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for vahre received, hereby stipulates and agrees that no change, extension of time, altcration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it 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. 9 1G 03 PERFORMANCE BOND (CONTINUED) MLSCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2003, before me, the ..dersigned, a Notary Public in and for said County and State, personally appeared known to me to be the pt,:-1,u whose name is subscrib + to the within instrument as the attorney -in - fact of the / , the corporation named as Surety in said instrument, and acknowledged to me that c subscribed the name of said corporation thereto as Surety, and his own name as attorney -in- a NOTE: Signature of those executing f Surety must be properly acknowledged. Signature: NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney_ Name (Type Notary Public in and for said County and State My ommission expires: APPROVED AS TO FORM: Se- 0-40u)ed l- 6cot - By: George H. Eiser, III City Attou,ey 9-16-03 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002, As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National lnsurance Company of America, American States Insurance Company or American Economy insurance Company). it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance. This means that under certani circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula. the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond; the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. 56248 3/03 STAt OF CALIFORNIA SS. COUNTY OF SAN DIEGO On December 22, 2003 before me, Dianne L. Sanker, personally appeared, Stephen G. Sanker, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaoity(ies), and that by his//her/their signature(s) on the instrument the person)s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. DIANNE L. SANKE Commission* 1364821 Notary Public - Caliior nia San Diego County My Comm. Ermines Jul 13, 2 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Bond No. 6159498 Premium included in premium charged for Performance Bond PAYMENT BOND MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2003-166, passed the 2°`' day of December, 2003 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. WHEREAS, said Principal is required by Chapter 5 (commencing at qe^t'on 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 First National Insurance Company of America as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council', in the penal sum of Two Hundred Twenty Six Thousand One Hundred Seven Dollars and Fifty Cents ($226.107.50) 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 attorneys fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 9-16-03 PAYMENT BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION Na 03-5. 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 herein above described or pertaining or relating to the famishing of labor, materials, or equipment therefor, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above 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 ail purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 22nd day of December , 2003. First National Insurance Company (SEAL) Portillo Concrete arc. (SEAL) eaW of merica - % (SEAL) Surety Stephen G. Sanker Attorney -in -Fact APPROVED AS TO FORM George H. Eiser, III City Attorney 9-16-03 Principal PAYMENT BOND (CONTINUED) MISCELLANEOUS CONCRETE IiVIPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) On this day of , 2003, before me, the Lind said County and State, personally appeared known to me to be the person whose name is subscribed t• - within instrument as the attorney -In - fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he . bscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. gned, a Notary Public in and for OTE: Signature of those executing Surety must be properly acknowledged. OTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or (Notary Public in and for said County and State) My Com . ' 'on expires: APPROVED AS TO FORM. By: George H. Eiser, III City Attorney 9-16-03 0-)40 c h ce rf i r) ca + IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States insurance Company or American Economy Insurance Company). it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula. the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by ail insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond; the underlying agreement [guaranteed by this bond. any statutes governing the terms of this bond or any generally applicable rules of law. At this time tl,ae is no premium change resulting from this Act. 562183/03 POWER OF ATTORNEY FIRST NA?ZONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124-1526 PO BOX 34526 SEATTLE, WA 98124-1526 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washinghon corporation, does hereby appoint .anssnssrnsneta aaaassasnnworm aaassasssssssasssn.S Ci. SANKER;san Diego, Califemtsssagaassimoswassssrss•sssrassssassssssswrsrr*ssesasssss No. 12732 its true and lawful ahomey(5)- rfact, with full authority to execute an behalf of the company 6tlenty and surety boss or tmdertakhlgs and other documents of a sander character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regular' elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these promote this 14th day of March , 2002 G R.A. PIERSON, SECRETARY MIKE MCOAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - RDEUTY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed tor that purpose by the officer in &large of surety operations, shall each have authority to appoint individuals as atomeys-inrfac t or under oher appropriate titles wath authority to execute on behalf of the commas/ fideRy and surety breaks and other documents of skater character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the vac* of any such instrument or undertaking.' Extract ban a Resolution of the Board of Directors at FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate ex cukrd by to Secretary or an assistant secretary of the Company setting out, (i) The provisions of Artde V, Section 13 of the By -Laws, and (1) A copy or the power -of -attorney appointment. executed pursuant thereto, and (®) Certifying that saki power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." t, RA Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts W the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Atomey issued pursuant thereto, are true and correct, and that both the By -taws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, t have hereunto set my hand and refixed the faceimde wet of said corporation 22nd day of December , 2003 . R.A. PIERSON, SECRETARY S-10491FNEF 7/98 03r14R02,2 POF STA I b OF CALIFORNIA SS. COUNTY OF SAN DIEGO On December 22, 2003 before me, Dianne L. Sanker, personally appeared, Stephen G. Sanker, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 his//her/their signature(s) on the instrument the person)s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature COnlIKO, (�L DIANNE L. SANKER Commission # 1364621 Z Notary Public - California f. San Diego County My Comm. Expires Jul 13, 2006 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 January 14, 2004 Mario Portillo, President / CEO Portillo Concrete Inc. 3258 Harris Street Lemon Grove CA 91945 Project: Misc. Concrete Improvements at Various Locations Spec. #03-5, Awarding Resolution 2003-166 Dear Mr. Portillo, On December 2, 2003, the City Council of the City of National City passed and adopted Resolution No. 2003-166, awarding a contract to Portillo Concrete, Inc. for miscellaneous concrete improvements at various locations in National City (Engineering Spec. 03-5). We are pleased to enclose one fully executed original contract, payment bond, performance bond, and one copy of the Certificate of Insurance for your records. Should you have any questions, please contact Mr. Stephen Kirkpatrick, Acting Public Works Director/City Engineer at (619) 336-4380. Sincerely, Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Engineering File C2003-52 ® Recycled Paper o CERTIFICATE OF LIABILITY INSURANCE CSR JR DATB(MWDUYYI 12/17/03 PRODUCERORTI-1 ISU Ins Services of Irvine 5 Corporate Park, Ste 170 Irvine CA 92606 Ph0TT0:949-419-2100 Faxs949-419-0491 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FOLDER. IS CERAM TIFICATE DOES RIGHTS UPON TAMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Portillo Concrete inc. 3528 Harris Street Lemon Grove CA 91945 1 INSURFAA: State Compensation Ins. Fund INsuRER e: INsuRERC: INsuRERD, INSURER E' COVERAQRS THE POLICIES OF INSURANCE LISTED BELOW HAVI? Ik:EN ISBUED TO THE Mum) NAMED ABOVE FOR THE POUCY ANY REOUItEMENT. TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT Film RESPECT TO WINCH MAY PERTAIN. THE INSURANCE AFFORDED SV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REOUCED BY IMS. PAID CLA PERIOD INDICATED. THIS CERTIFICATE MAY EXCLUSIONS ANO (MMIOBIYTI NOTWITHSTANDwO Be ISSUED OR CONDITIONS OF SUCH �N Mi TYPE OF INSURANCE PoUCY NUMBER DATE ('�yATEDA LIMBS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIASIUTY ICLAIMS MADE EOCCUR FIRE DAMAGE (Any pro S(o) $ NEC EXP (Any pip Pp1701) S PERSONAL a AOV nuuAY s $ GEN. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRODUCTS • COMP,OP AGG S 7IuCYnNA nLOC AUTOMOektl LIABIUTY ANY AUTO O ITOS BP OA.Y EIJURY I' Peyeonl — (Pa a woonG (Pa uc�pcm) S — .-.� PROPERTY DAMAGE (Pm modem) S GARAGE LUIBI.iTY ANY AUTO AUTO ONLY. EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY; AGG S EJICEM 7 L5 GAJTY OCCUR n CLAIMS MADE DEDUCYISLE RETENTION $ EACH OCCURRENCE s AGGREGATE $ S S S A WORKERS CDAPEa$ATION AND EMPL OYER5'UA LLm' 1714245-03 10/21/03 10/21/04 x I TDRv a IDa- E.L. EACH ACCIDENT s 1000000 EL. DISEASE. EA EMPLOYEE s 1000000 E.L. DISEASE• POLICY LIMIT S 1000000 OTHER DESCRIPTION OP OPERAYpNS, OCATIDNSAWNICLE31 MLUBIONS ADDEO BY ENDORBEMENT/SPEC W. PROVMIONS *Except 10 Days Notice of Cancellation For Non Payment of Premium. Job it 03-5. Job Name; National City - Various Locations. Job Descriptions Repair/Replace Sidewalk. Curb, and Gutter. . __.- 1 CITTOFN City Of National City Dept of Public Works 1243 National City Blvd. National City CA 91950 ACORD 29-S (1197) $NDULO ANY OF TNeABovs DYSORBED POLICIES BE CANCELLED BSPORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL --. L TIR'A DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EEBaINIBFIEEED Mini ti�'j(•+J�`y^1m ACOROCORPORATION 1988 b00/COO'd 69L6# auTAII 3o GeOTA20$ Q UV2TIGUI fiSI t6t06tD666 WIT C002.LT'02C CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO. CA 94142-080T COMPENSATION INSURANCE FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 17, 20a3 CITY OF NATIONAL CITY DEPARTMENT OF PUBLIC BOARS 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950 GROUP: POLICY NUMBER: 1714243-2003 CERTIFICATE 10: 64 CERTIFICATE EXPIRES: 10-21-2004 10-21-2003/10.21.2004 NATIONAL CITY - VARIOUS LOCATIONS This is to certify That we have issued a valid Worker's Compensation insurance.policy In a form approved by the Califomia Insurance Commissioner to the employer named below for the policy period indicated. This policy la not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be canceled prior to its normal expiration. This certificate of insurance is not en Insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance 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, C AUTHORIZED REPRE5ENTATNE PRESCIENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1,000,000 PER OCCURRENCE Etfooren PORTILLO CONCRETE. INC 3528 HARRIS ST LEMON GROVE CA 91945 SCIF 10282E 600J600'a 69 0# autAJI 3o saatAlag aoum?1nsul nSI IEPF-UI: 8O 1 t6606T6666 6£:IT £OOZ.LT'03U DEC-17-2003 02:45 FROM:CORAL POINT 9505134771 Policy Numb. ; 12HA123535 TO:16194664685 P:1/2 ACORD„ CERTIFICATE OF LIABILITY INSURANCE DA`EOIMED""" nanrance Servicesaa PRO DUCER -ra •-111 INSURED Lie. 4 0001305 Fax: (858) 513-4771 13220 Evening Creek Ds. So.. Ste. 4109 San Diego, CA 92129-4103 (B58)513-4767 PORTTLLO CONCRETE INC. 619-466-4639/FAx:619-466-4685 3528 BARRIS ST LEMON GROVE, CA 91945 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Date Entered: 7/30/2003 12/17/2003 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A:ROSTAL 9CR}LUS ,YRES zoommmANCI3 COMPANY ROLL INSURER B. NATIONAL MUMMY COMPANY NSURER C: _ NSURER D. INSURER ePORTS AHBRSCAtf SPCCIALTY- - - NAIC i ENSIGN ANY REQUREMENT, MAY PERTAIN, POLICIES. EEO LER §NSId TERM OR CONDITION THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY -'- OF ANY CQNTRACT OR Q1111E7 INSUREDOCUMENT WTED 111 RESPECT TO WHICH TTNIS CERTIF CDATR MAY BE ISSUED OR DING BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH NAVE BEEN REDUCED BY PAID CLAIMS, '- TYPE OF ENURANCE POLICY RUINER WIC EBEM bE pp� OL,c EXPIRATION NI ITS A B OPJLFRAL _ OF1N'L /<AUTO4TDHILE •�!`/•/\/r Lamm COMMGRCIALGENERAL LWaILITY CLAM MADE %� OCCUR IC2RA123535 HAP-127468 7/29/2003 5/29/2003 7/29/2004 5/29/2004 EACH OCCURRENCE g 1,000,000 IAMAOC URlNIEO PREP j S IEa acwt.r j 50 000 i r MED OOP (Any pH PLran) 1 PERSONAL LAIN INJURY i 1,000,000 — GENERAL AGGREGATE § 2,000 , 000 AGGREGATE LIMIT APPLES PER: POLICY IX MT I -I LOC LIABILITY ANY AUTO ALL OWNED A1P06 AUTOS HIRGD p.U10$ NON -OWNED AUTOS -• PRODUCTS - CON NOR AGG f 1 . 000, 000 COMBINED SINGLE MOT (E°"QaPeT4 i 1, 000 , 000 SOLSCHEDULED Eamon) RY (Par - (Per = INJURY (Pt a0W1I) PROPERTY DAMAGE (Peep ONNI i — OARAOF LrAOILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC T', AUTO ONLY-AGG S ERCRRANMhRELLA _1 LABILITY OCCUR n CLAIMS MADE DEDUCTIDLE RETENTION § EACH OCCURRENCE i AGGREGATE 1 i 6 f WORKFAS COMPENSATION AND EMPLDYpC LIAMUTY ONFlCMPPWOAOLNER0CUTME LAE Urdierunro WNS Nl m, W$ANTU-S 1 OEHR• X E.L. EACH ACCIDENT g E.L DISEASE - EA EMPLOYEE § E.L. DISEASE •POLK:Y LIMB —• § E OTHER INLAND $ARINE SSN0000197-00 6/3/2003 6/3/2004 SCHEDULED DEDUCTABLE $90,457,00 $1,000 11111211DWT MES4FJ( IDN6AO0 irtivile NTr"ECMp illai"B CERTIFICATE BOLDER TS NAMED AS ADDITIOII*3, INSURED PER ATTACHED ENDORSED15NT, RE : R/R SIDl;R01Ltt, CORE AND Gowns CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 103-S, DCPT.OB PIIHLIC max V'.Xl 619-336-4397 1243 NATIONAL CITY HLVD. NATIONAL CITY, CA 91950 AROMA ANY OF THE ABOVE DEBCWBED POLICIES 9E CANCELLED BEFORE THE EANIARON DATE THEREOF, THE ISSUING INSURER WILL IlagiaMPiro MAIL 30 DRYS YantmmN NOTICE TO THE INTIIFICATE HOLDER NAMED TO THE LEFT, WIMPPMEE AUTRORReoREPREBdTATNE TRACY PRETTYMAN m,n.l r rrvu. ACORD 25 (2001/0S) ® ACORD CORPORATION 1988 DEC-17-2003 02:45 FROM:CORAL POINT 8585134771 TO:16194664685 P:2'2 RAYAL SUNALLIANCE.. This endtnsenherrt Changes The Policy. Please Read if Carefully. ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies insurance provided under Ins roilowing: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization; Any person a organization to whom or to which you are obligated by virtue of a written contract or by the Issuance or existence of a permit, to provide insurance such as is afforded by this po►tay. of no entry appeeis above, Information requited to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION 0 • WHO IS AN INSURED is amended to include se an insured the person or organtration shown In the SCHEDULE, but only with respect to liability arising out ceyour work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects Your negligence and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by mils porky. This endorsement effective 07f29/2003 forms part of Policy Number K2HA123535 Rued to PORTLLO CONCRETE, INC. by Endorsement No,: RSUI 15050802 Includes copyrighted materiald Of ilts Insurance Services Office, Inc. 1984 (CO 2010 t 185) PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 77liS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION FOR THE MISCELLANEOUS: CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT (SPEC 03-5) (Please fill in document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESO 2004-79 PW/ENG (Addivanal rocading fee applies) C2003-52 6/94 Rec.Fogrn /R25 Dated: May 18 , 2004; RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 18, 2004, of the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPEC. NO. 03-5 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at various locations in National City Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Portillo Concrete, Inc Name of Original Contractor The following work and material were supplied. Foreman, Mason (finisher), Saw -Cutter, Operator and Laborers, Equipment. Bob Cat, Utility Tracks, Concrete Truck, 18 wheelers General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or of Signature of : d- er ck Inz r a, ayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on May 18 , 2004, at National City , California. Signature: NI ;'1VAYOR FORMS/Now1-1 MEETING DATE May 18, 2004 City of National City, California COUNCIL AGENDA STATEMENT 3 AGENDA ITEM NO. ITEM TITLE A Resolution of the City Council of National City accepting the work, approving the Final Contract Balance Change Order, and authorizing the filing of the Notice of Completion for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 03-5. PREPARED BY Din Daneshfar EXPLANATION 336-4387 DEPARTMENT See attached explanation. Public Works/Engineering CEnvironmental Review N/A Financial Statement The final total construction cost is $231 749.75. Ap proved By: This amount is within the estimated budget for the project (Reso. 2003-166). lie Funding is availablVVough Account NOs.109-409-500-598-6134, 301-409-500-598-6133, 109-409-500-598-6137, and 301- 409-500-598-6137.nte amount of the final payment (5% retention) is $11,587.49, which will /icco}e dueuni`o.ing fo the recording of project acceptance. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution nce Director Resolution No. 20'c-7i 2. Final Contract Balance Change Order 3. Notice Of Completion A-200 (9;99) RE: Resolution of the City Council of National City accepting the work, approving the Final Contract Balance Change Order, and authorizing the filing of the Notice of Completion for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 03-5 On December 2, 2003, by Resolution No. 2003-166, the City Council awarded a contract to Portillo Concrete, Inc. for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 03-5. Based upon the estimated bid quantities, the total bid cost for the project was $226,107.50. On February 2, 2004, the Contractor commenced the work. During the construction phase, certain bid quantitieswere adjusted to reflect the actual. measured improvements in the field. As the result of the adjusted: quantities,, the contract amount was increased per the each bid unit price in the totalamount of $5,642.25, The adjusted quantities (highlighted) are further detailed in.'.. the. attached Contract Final Balance. On March 12, 2004, the Contractor completed the work: The contractcompletiontime was 45 working days. The Contractor was able to complete the work within 30 working days. On April 19, 2004, a final inspection was conducted and the work was found, to be in accordance with the approved plans and specifications. On April 30, 2004, the contractor submitted the final contract documents for the project closure. The purpose of the Contract Final Balance Change Order is to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. The total original contract amount for the construction is increased in the amount of $5,642.25 with a final cost at $231,749.75. FINAL CONTRACT BALANCE SHEET Page 1 of 2 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5 FINAL INSPECTION DATE: 4/19/04 PROJECT NO. 6133, 6134, 6137 AND 6138 COMPLETION DATE: 5/18/04 BID ITEMS NO ITEM QUAN- TITY UNIT UNIT PRICE ORIGINAL AMOUNT FINAL QUAN- TITY FINAL AMOUNT 1. Clearing and Grubbing 1 LS $5,000.00 $5,000.00 100% $5,000.00 2. Concrete Sidewalk Removal and Replacement per G-7 11,725 SF $5.50 $64,487.50 13,724.5 $75,4 84.75 3. Installation of Pedestrian Ramp Per G-28, Type A-1 or Modified 16 EA $1,200.00 $19,200.00 8 $9,600.00 4. Installation of Pedestrian Ramp Per G-29, or Modified 4 EA $1,200.00 $4,800.00 5 $6,000.00 5. Installation of Pedestrian Ramp Per G-31, or Modified 28 EA $1,100.00 $30,800.00 26 $28,600.00 6. 6" or 8" Type "G" Curb and Gutter Removal and Replacement Per G-2 235 LF $30.00 $7,050.00 461 $13,830.00 7. Variable Thickness A.C. 42 TN $200.00 $8,400.00 35 $7,000.00 8. Traffic Control 1 LS $3,000.00 $3,000.00 100% $3,000.00 9. Installation of New Sidewalk per G-7 14,625 SF $5.00 $73,125.00 14,841 $74,205.00 10. Crushed Misc. Base 40 TN $50.00 $2,000.00 0 $ - 11. Unclassified Excavation and Fill 20 CY $50.00 $1,000.00 0 $ - 12. Installation of Concrete Driveway per G14A/B 1035 SF $7.00 $7,245.00 1,290 $9,030.00 TOTAL $226,107.50 $231,749.75 FINAL CONTRACT BALANCE SHEET Page 2 of 2 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 03-5. Date: 4/30/04 FINAL INSPECTION DATE:4/19/04 PROJECT NO. 6133, 6134, 6137 AND 6138 COMPLETION DATE: 5/18/04 The total contract price for the bid to date is $231,749.75. The total time provided for completion in the contract is 45 working days. The work was completed Within 30 working days. The Contractor accepts this Final Contract Balance Change Order as full compensation for the work. Recomnjded for Approval by: in Daneshfar, City Project Manager Mario Portillo President/CEO Stephen M. rk atrick Acting Direc r of Public Works /Engineering RESOLUTION NO. 2004-79 City of National City Resolution Number '/34/` Y Dat L(/3d0Y Date 512$76 Date 5/18/04 Date RESOLUTION 2004 — 79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL CONTRACT BALANCE CHANGE ORDER, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT (Engineering Specification No. 03-5) WHEREAS, at its regular meeting on December 2, 2003, the City Council adopted Resolution No. 2003-166, which awarded a contract to Portillo Concrete, Inc. for the Miscellaneous Concrete Improvements at Various Locations in National City Project (Specification No. 03-5); and WHEREAS, during the construction phase, certain bid quantities were adjusted to reflect the actual measured improvements in the field, at the cost of $5,642.25. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby approves the Contract Final Balance Change Order for the Miscellaneous Concrete Improvements at Various Locations in National City Project, Engineering Specification No. 03-5. BE IT FURTHER RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by PORTILLO CONCRETE, INC., Engineering Department Specification No. 03-5, for the Miscellaneous Concrete Improvements at Various Locations in National City Project has been completed, the City Council of National City hereby approves the final contract balance change order in the amount of $5642.25, accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 18th day of May, 2004. ATTEST: Michel Della, Cit r Clerk Nicunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 18, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City ional City, California rk of the City f Nat By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-79 of the City of National City, California, passed and adopted by the Council of said City on May 18, 2004. City of the City of National City, California erk By: Deputy