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HomeMy WebLinkAbout2004 CON Portillo Concrete - Alley Improvements FY 03-04ORIGINAL CONTRACT NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 THIS CONTRACT, made and entered into this 17 day of August, 2004 by and between the City of National City, California, herein after designated as the "City", and Portillo Concrete Inc., hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 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, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT (CONTINUED) NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 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. CONTRACT (CONTINUED) NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 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: CITY: Title: Pig DC-1,11- .See-rvtn, Federal ID. No. By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) CONTRACT (CONTINUED) NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 CORPORATE CERTIFICATE I (Oft PO/MU-0 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that /Id P0277(LO , who signed said contract on behalf of the Contractor, was then Mai' P6vT 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 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then 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: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,twC.�twaw�L.w• w}„w4,.w� .—�Lw��trnA�� w!.�� �w4v:S.a�+�!-�w��' csR.q�w�.w��Cw�ntlwvasC.�i..9w State of California , County of SS. corps k. 4 t oo 1 before me, LE A. STD eR. Date tt personally appeared 1 U fl AQ, I t LLD I B LUPE A. STOVER � Commission # 1316462 Z Notary Public - California San Diego County My Comm. Expires Jun 24, 2005 Place Notary Seal Above 6 U.c Name and Title of Officer (e.g., "Jane Doe, Notary Public") A V11. Name(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the p-ersonjs}) whose is/fir 7 subscribed to the within instrument and acknowledged to me that he/sheexecuted the same in his/he el authorized and that by his/her erl n the instrument theme rson(s)) or the entity upon behalf of which th erson s acted, executed the instrument. WITNESS my hand and official seal. nature of Notary ' • blic 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�j,�,���, Title or Type of DocumentL:Ott 1 r(Ad - iDoA-t, Document Date: uSA- « 3 a o 'L Signer(s) Other Than Named Above: Capacity(ies) Clairped blcSigkir Signer's Name: -I--t' b tu-o E.Individual �t_ Corporate Officer itle(s RO--sL_TJ�T ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: tJ1. V LIB-1 PQa-� -13A- V/03-8 Number of Pages: `i' r Signer Is Representing DQ4 t 0,561\)CZt -E .L F3 C RIGHT THUMBPRINT OF SIGNER Top of thumb here 01999 National Notary Ass ion • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Sep,01 04 01:10p PORTILLO CONCRETE 619-466-4685 p•3 14213-58-10 PREMIUM $1,987.00 PERFORMANCE BOND NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-162, passed the 17 day of August, 2004 has awarded to Portillo Concrete Inc., hereinafter designated as the "Principal", the National City Alley Improvements Project. FY 03-04, Specification No. 03-2 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 INSURANCE COMPANY OF THE WEST 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 $138,020.00 (One Hundred and Thirty Eight Thousand and Twenty and 00/100) lawful money of the United States, for the payment of which sun well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it 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 of National City and judgement is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. Sep .01 04 01:1Op PORTILLO CONCRETE. 819-466-4885 p.4 PERFORMANCE BOND (CONTINUED) NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 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 nai INSDRANC AL) le 3RD day of SEPTEMBER , 2004. n (SEAL) (SEAL) (SEAL) PORTILLO CONCRETE, INC. FFREY R. DAVIS, ATTORNEY WxLI MARIO PORTILLO, PRESIDENT Surety Principal APPROVED AS TO FORM George H. Eiser, I11 City Attorney Sep -01 04 01: 10p PORTILLO CONCRETE 619-466-4885 p.5 PERFORMANCE BOND (CONTINUED) NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) CALIFORNIA ) SAN DIEGO ) ss On this 3RD day of SEPT. 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JEFFREY R. DAVIS known to me to be the person whose name is subscribed to the within INSURANCE COMPANY OF THE WEST instrument, and acknowledged to me that he Surety, and his own name as attorney -in -fact. instrument as the attorney -in -fact of the , the corporation named as Surety in said subscribed the name of said corporation thereto as NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: C/ t' .-- i Name (Type or Print).: RACREL G. HOLBROOK Notary Public in and for said County and State My Commission expires: 8/04/08 APPROVED AS TO FORM: By: George H. Eiser, III City Attorney RACHEL G. HOLBROOK COMM. #1499414 n NOTARY PUBLIC-CAUFORNIA y yGO oOEpeMCommissinxirs a AUGUST4,2008 t 1' No. 0001425 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JEFFREY R. DAVIS, ROBERT C. DAVIS their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. John H. Craig, Assistant Secretary State of California County of San Diego ) SS. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NOFiMA PORTER F COMM. #1257540 r� NOTARY PUBLIC-CALIFORNIA r/! SAN DIEGO, COUNTY 0 My Commission Expires 2004 RESOLUTIONS Moo. Norma Porter, Notary Public This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 3-RD day of SI?PTENJ RR 2004 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-888-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. Sep 01 04 01:11p PORTILLO CONCRETE 619-466-4685 p.6 B# 213-58-10 PREMIUM INCLUDED IN PERBBRMANCE BOND PAYMENT BOND NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-162, passed the 17 day of August, 2004 has awarded to Portillo Concrete Inc., hereinafter designated as the "Principal", the National City Alley Improvements Project, FY 03-04. Specification No. 03-2. 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 INSURANCE COMPANY OF THE NEST 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 $138,020.00 (One Hundred and Thirty Eight Thousand and Twenty and 00/100) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if 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. Sep 0.1 04 01:11p PORTILLO CONCRETE 619-466-4885 p.7 PAYMENT BOND (CONTINUED) NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefor, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 3RD 0 `1, SEPTEMBER 2004. INSDRANC$ 0 THE WESTSEA PORTILLO CONCRETE, INC. (SEAL) SEAL) "`/� t t�� (SEAL) 'FFREY R. DAVIS, ATTORNEY ��ILF.FAGT MARIO PORTILLO, PRESIDENT aL��L1 (SEAL) Surety Principal APPROVED AS TO FORM George H. Eiser, III City Attorney Sep 0.1 04 01: 11p PORTILLO CONCRETE 819-466-4685 p.8 COUNTY OF PAYMENT BOND (CONTINUED) NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 SPECIFICATION NO. 03-2 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) ) ss SAN DIEGO On this day 3RD of SEPT. , 2004, for said County and JEFFREY R. DAVIS name is subscribed to the within INSURANCE COMPANY OF THE WEST instrument, and acknowledged to me that he Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: Name (Type or Print): before me, the undersigned, a Notary Public in and State, personally appeared known to me to be the person whose instrument as the attorney -in -fact of the the corporation named as Surety in said subscribed the name of said corporation thereto as NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. RACHEL G. HOLBROOK (Notary Public in and for said County and State) My Commission expires: 8/4/08 APPROVED AS TO FORM: By: George H. Eiser, III City Attorney RACHEL G. HOLBROOK k COMM. #1499414 0 C.) NOTARY DIEGO COUNTY My Commission Expires AUGUST 4, 2008 • No. 0001425 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JEFFREY R. DAVIS, ROBERT C. DAVIS their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. John H. Craig, Assistant Secretary State of California County of San Diego SS. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA PORTER COMM. #1257540 n NOTARY PUBLIC-CALIFORNIA 0, SAN DIEGO COUNTY- 0_ My Commission Expires m,..r MARCH 19;20Q4 .01 ,yam Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. INthisWITNESS WHEREOF, I have set my hand 3RD clay of SEPTEMBER 2004 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-888-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. ACORD CERTIFICATE OF LIABILITY INSURANCE CSR JR PORTI-1 DATE (MM/DD/YYYY) 09/16/04 PRODUCER ISU Ins Services of Irvine 5 Corporate Park, Ste 170 Irvine CA 92606 Phone:949-419-2100 Fax:949-419-0491 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Portillo Concrete Inc. 3528 Harris Street Lemon Grove CA 91945 INSURER A: state Compensation Ins. Fund INSURER B: INSURER C: INSURER D: INSURER E: vvn .-..v.v.-.. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSRD AMYL TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ UAMAGt I U KtN I EU PREMISES (Ea occurence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 1714245-03 10/21/03 10/21/04 X TORY LIMITS OER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *Except 10 Days Notice of Cancellation For Non Payment of Premium.Job Name: National City Alley Improvement Project FY0304 National City - Various Locations. Job Description: Repair/Replace Sidewalk, Curb, and Gutter. CERTIFICATE HOLDER CANCELLATION CITYOFN City of National City Dept of Public Works 1243 National City Blvd. National City CA 91950 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLiliaLUX TO MAIL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,RNMENNXECKTMKK 156E d��IX1�0(iS&�i�bi€XIX�[IXr&I��3�k3FIXiX AltitladiafrEidi AUTJ4OR1EED REPRESKNTA1IV © ACORD CORPORATION 1988 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-16-2004 CITY OF NATIONAL CITY DEPARTMENT OF PUBLIC WORKS 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950 GROUP: POLICY NUMBER: 1714243-2004 CERTIFICATE ID: 122 CERTIFICATE EXPIRES: 10-21-2005 10-21-2004/10-21-2005 JOB: NATIONAL CITY ALLEY IMPROVEMENT PROJECT FY0304 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 California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MARIO PORTILLO, PRESIDENT CEO - EXCLUDED. ENDORSEMENT #1600 - TINA PORTILLO, CFO SECRETARY - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-21-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PORTILLO CONCRETE, INC 3528 HARRIS ST LEMON GROVE CA 91945 SCIF 10262E Accept this certtficate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" [B,SGI PRINTED: 09-16-2004 PAGE 1 OF 1 Policy Number: LBA126621 Date Entered: 7/30/2004 DATE (MMIDD/YYYY) 8/24/2004 ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCER Coral Point Insurance Services Lic. # 0001305 Fax: (858) 513-4771 13220 Evening Creek Dr. So., Ste. #109 San Diego, CA 92128-4103 (858)513-4767 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED INSURERS AFFORDING COVERAGE MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. NAIC # INSURED PORTILLO CONCRETE INC. 619-466-4639/FAX:619-466-4685 3528 HARRIS ST LEMON GROVE, CA 91945 INSURER A:LANDMARK HULL INSURER B: CENTURY NATIONAL INSURANCE COMPANY INSURER C: INSURER D: INSURER E: COLONY INS CO HULL COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD LTR INSRD 'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YY) 7/29/2004 POLICY EXPIRATION DATE (MOONY) LIMITS EACH OCCURRENCE I $ 1,000,000 A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY LHA126621 7/29/2005 DAMAGETORENTED PREMISES (Ea oca,rence) 50,000 $ X MED EXP (Any one person) $ CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRO- LOC POLICY B AUTOMOBILE X .IFCT LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP-136835 5/29/2004 5/29/2005 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 , 000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ DAMAGE (Per accident) $ XPROPERTY GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ ] OCCUR L CLAIMS MADE DEDUCTIBLE RETENTION $ $ $ WORKERS EMPLOYERS' ANY OFFICER/MEMBER If yes, S OTHER INLANDMARINE IM133117 6/10/2004 6/10/2005 SCHEDULED $101,084 MISC TOOLS $7,500 incsiAONNPTAMEgT THE ENDORSEMENT RE: OQNSPHiESrCLSOAPDEDL ENQORSEIVIENT/ SPECIAL PROVISIONS CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ARE NAMED AS ADDITIONAL INSURED PER ATTACHEL PER POLICY LIMITS AND EXCLUSIONS. R/R SIDEWALK CURB & GUTTER AT NATIONAL CITY IMPROVEMENTS PROJECT#:FY 03-04 CERTIFICATE HOLDER CITY OF NATIONAL CITY:DEPT OF PUBLIC WORKS FAX: 619-336-4397 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *1161R;;!;;LqO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 'RCrRE3E A�. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) mdCOR CORPOMTIO © ACOR CORPORATION 1988 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read it Carefully. ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or 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 policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. 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 this policy. This endorsement effective 07/29/2004 forms part of Policy Number LHA126621 issued to PORTILLO CONCRETE, INC. by Landmark American Insurance Company Endorsement No.: RSG 15001 0903 Includes copyrighted material of Insurance Services Office, Inc. 1984 (CG 2010 1185) with its permission City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 September 13, 2004 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 ENGINEERING SPECS. NO. 03-2 AWARDING RESO. 2004-162 DATE: 8/17/04 CONTRACTOR: PORTILLO CONCRETE, INC. ****************************************************************************** TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Copies of Contract Agreement 2. 3 Copies of Performance Bond 3. 3 Copies of Payment Bond 4. _1_ Copies of Certificates of Insurance If these documents are satisfactory, please forward them along with this form to the Mayor for his signature. COMMENTS: Completed (lei ******************************************************************************** TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. Completed ( ) ********************************************************************* ********** TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. 1 Original copy to your file. 2. 1 Original copy to the contractor 3. _1 Original copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. ******************************************************************************** Submitted Approved by: e Associat weer Stephen P(3/Kirkpatrick Acting Director of Public Works/ City Engineer Review 53 ® Recycled Paper Approved By Fine City of National City, California COUNCIL AGENDA STATEMENT August 17, 2004 MEETING DATE AGENDA ITEM NO. 14 / ITEM TITLE Resolution of the City of National City awarding a contract in the amount of $138,020.00 to Portillo Concrete, Inc. for the National City Alley Improvements Project, FY 03-04, which includes three alley sections within National City PREPARED BY Alberto Griego EXPLANATION 336-4386 DEPARTMENT See attached Public Works/Engineering r Environmental Review x N/A Financial Statement The total cost of the project is estimated to be $172,820.00. This amount is within the estimated budget for this project. Funding is available through Account Number 196- 409-500-598-6152 Account No. ce Director STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 3. Bid Opening Sheet 2. Bid Spreadsheet Resolution No. 200 Y-a, 4. Map Portillo 03-2 A-200 (9/99) Cid EXPLANATION: On July 28, 2004, 4 bids were received and opened for this project. The project included three alley sections in the base bid, and one alley section in the additive alternate bid. This project is being awarded based solely on the base bid cost. However, the contract contained one additive alternative that could be utilized if the base bids came in below the budgeted project amount. It was determined by City staff that the following alleys were in need of repairs due to reports by local residents of poor drainage, during the rainy season, and dust during the dry season. The base bid alleys are: 1. 1. Alley #7 West of D Avenue Between 4th Street and 5th Street. 2. 2. Alley #10 South of 4th Street Between Highland Avenue and G Avenue. 3. 3. Alley # 36 West of Hoover Avenue Between 14th Street and Civic Center Drive. The low bid was $138,020 for these. The additive alternate alley is: Alley #11 South of 4th Street Between Highland Avenue and I Avenue. The bid for this additive alternate was $46,250. The total cost of the project is estimated to be $172,820 for the base bid. This amount includes the construction bid price of $138,020 plus approximately 15% ($21,000) for contingencies, and approximately 10% ($13,800) for materials testing, inspection, and surveying. The budgeted amount for this project was $200,000, which is not enough adequate funding to construct both the base bid alleys and the additive alternate alley at this time. But, as the project proceeds and the contingency fund impacts are identified we will reevaluate our ability to fund this additive alternate alley. If possible, we will prepare a change order and proceed with the additional alley. RESOLUTION NO. 2004 -162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $1138,020.00 TO PORTILLO CONCRETE, INC. FOR THE NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 2003-2004, WHICH INCLUDES THREE ALLEY SECTIONS WITHIN NATIONAL CITY WHEREAS, the Engineering Department did, -in open session on July 28, 2004, publicly open, examine and declare all sealed bids for the National City Alley Improvements Project, FY 2003-2004, which includes three alley sections within National City; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Alley Improvements Project, FY 2003-2004, which includes three alley sections within 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 in the amount of $138,020.00 between Portillo Concrete, Inca and the City of National City for the National City Alley Improvements Project, FY 2003-2004, which includes three alley sections within National City. Said contract is on file in the once of the City Clerk. PASSED and ADOPTED this 17th day of August, 2004. ATTEST: 1.( J'Micel Dalla, City Clerk APPROVED AS TO FORM: 4,16_12: George H. Eiser, III City Attorney Nick Inzun`M''or Passed and adopted by the Council of the City of National City, California, on August 17, 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 Clerk of the National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-162 of the City of National City, California, passed and adopted by the Council of said City on August 17, 2004. City Clerk of the City of National City, California By: Deputy PROJECT NAME CITY OF NATIONAL CITY - BID SUMMARY FIGURES CHECKED BY: CCPM National City Alley Improvements Project, Fy 03-04 Specification No. 03-2 (MILE NO.: I BID DATE: July 28, 2004 `APPARENT LOW BIDDER: Portillo Concrete Inc. [LOW BID AMOUNT: S138,020.00 ENGINEERS ESTIMATE: S145,000.00 PROJECT NO. 6152 CHECKLIST ALL SIGNATURES ARE AFFIXED TYPE & AMOUNT OF BOND ADDENDUMS TO BE ACKNOWLEDGE SIGNATURE SUBCONTRACTORS SUBCONTRACTORS BOND AFFIDAVIT DISCLOSURE ADDENDUMS YES YES N/A N/A" N/A SIGNATURE SUBCONTRACTORS SUBCONTRACTORS BOND _... AFFIDAVIT DISCLOSURE .ADDENDUMS YES YES N/A N/A N/A 07/28/04 . SIGNATURE YES SUBCONTRACTORS SUBCONTRACTORS: BOND AFFIDAVIT DISCLOSURE ADDENDUMS YES N/A N/A N/A NO. ITEM QTY. ENGINEERS UNIT I ESTIMATE Portillo Concrete Inc. 3528 Harris St. (619)466-4639 MJC Const. Inc 3015 Sylvia St. (619) 472-5619 Kirk Paving 8722 Winter (619) 938-9958 Inc. Gardens Blvd. 1 2 3 UNIT COST TOTAL UNIT COST TOTAL UNIT COST; TOTAL UNIT COST TOTAL 1 MOBILIZATION 1 LS ; $ 9,000.00'� 9,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 3,276.00 $ 3,276.00 1 2 TRAFFIC CONTROL 1 LS $ 4,386.001 4,386.00 $ 3,000.00 $ 3,000.00 $ 8,000.00 $ 8,000.00 $ 2,500.00 $ 2,500.00 3 CLEARING AND GRUBBING .I . 1 1 LS j $ 5,000.00 5,000.00 $ 27,000.00 $ 27,000.00 $ 6,000.001 $ 6,000.00 $ 8,600.00 $ 8,600.00 4 INSTALL 5 %2" PCC 22200 SF I $ 5.001 11 I,000.00 $ 4.00 $ 88,800.00 $ 5.004 $ 111,000.00 $ 6.06 $ 134,532.00 5 NEW ALLEY APRON 720 SF 1 $ 8.001 5,760.00 $ 7.00 $ 5,040.00 $ 10.001 7,200.00 $ 10.68 $ 7,689.60 6 INSTALL PEDESTRIAN RAMPS 2 EA I $ 1,450.00T 2,900.00 $ 1,800.00 $ 3,600.00 $ 2,000.001 $ 4,000.00 $ 1,000.00 $ 2,000.00 7 ADJUST MANHOLE COVERS TO GRADE 1 EA $ 1,000.001 1,000 00 $ 1,000.00 $ 1,000.00 $ 1,000.00E $ 1,000.00 $ 1,000.00 $ 1,000.00 j 8 REMOVAL AND DISPOSAL OF CONCRETE 1832 SF $ 3.251 5,954.00 $ 2.50 $ 4,580.00 $ 2.000 $ 3,664.00 $ 1.37 $ 2,509.84 i $ 162,107.44 BASE BID TOTAL ___ ___ 145,000.00 1-- 5 138,020.00 $ 145,864.00 ALTERNATE NO. 1 j 1 MOBILIZATION 1 LS !E! $ 293.33 j 293.33 $ 3,000.00 $ 3,000.00 $ 1,000.00! $ 1,000.00 $ 1,000.00 $ 12000.00 �-_2 TRAFFIC CONTROL 1 LS I $ 293.33 j 293.33 $ 3,000.00 $ 3,000.00 $ 1,000.00 j $ 1,000.00 r $ 900.00 $ + 900.00 3 CLEARING AND GRUBBING 1 5300 " LS ! $ 293.331 293.33 $ 6,000.00 $ 6,000.00 $ 5,000.001 $ 5,000.00 $ 2,300.00 $ 2,300.00 4 INSTALL 5 Y2" PCC SF $ 5.00 26,500.00 $ 4.50 $ 23,850.00 $ 5.001 $ 26,500.00 $ 5.25 $ 27,825.00 5 NEW ALLEY APRON 720 SF $ 8.00 , 5,760.00 $ 10.00 $ 7,200.00 $ 10.001 $ 7,200.00 $ 9.20 $ 6,624.00 j__ 6- ADJUST MANHOLE COVERS TO GRADE _ 1 1 EA ' $ 1,000.00 j 1,000.00 ._.T $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 F 7 REMOVAL AND DISPOSAL OF CONCRETE 880 SF---1 $ 3.251 2,860.00 $ 2.50 $ 2,200.00 $ 2.001 $ 1,760.00 $ 1.36 $ 1,196.80 37 000.00 ALTERNATE NO 1 BID TOTAL E i $ 46,250.00 43,460.00 $ 40,845.80 -25.00% 17. 46% 10. - 39% bidresults8/3/2004 CITY OF NATIONAL CITY - BID SUMMARY NO. SIGNATURE SUBCONTRACTORS SUBCONTRACTORS _. ._ .. ._..DISCLOSURE.... YES # BOND YES _ AFFIDAVIT N/A _. N/A ADDENDUMS N/A AVERAGE' CONTRACTORS) _. ........ ITEM Hefner Company Inc. 1800 McKinley Ave. Ste A (619) 336-0800 (4 4 I MOBILIZATION UNIT COST TOTAL J UNIT COST TOTAL 2 TRAFFIC CONTROL $ 3,443.38{] -$ 3,443.38 $ 4,179.85 $ 4,179.85 r 3 CLEARING AND GRUBBING $ 10,000.001$ 10,000.00 $ 5,875.00 $ 5,875.00 4 INSTALL 5 I/2" PCC $ 22,655.02 $ 22,655 02 $ 16,063.76 $ 16,063.76 5 NEW ALLEY APRON $ 5.22 $ 115,884.00 $ 5.07 $ 112,554.001 r 6 INSTALL PEDESTRIAN RAMPS $ 7.69 $ 5,536.80 $ 8.84 $ 6,366.60 __ 7 ADJUST MANHOLE COVERS TO GRADE $ 804.16 $ 1,608.32 $ 1,401.04 $ 2,802.08 1 8 REMOVAL AND DISPOSAL OF $ 800.00 $ 800.001 $ 950.00 $ 950.00 r $ 2.00 $ 3,664.00 $ 1.97 $ 3,604.46 BASE BID TOTAL j $ 163,591.521 $ 152,395.74 -12.82% ALTERNATE NO. 1 4 1 MOBILIZATION 2 TRAFFIC CONTROL $ 2,000.00 $ 2,000.00 $ 1,750.00 $ 1,750.00 3 CLEARING AND GRUBBING $ 1 1,533.61 , $ ,533.61 $ 1,608.40 $ 1,608.40 4 INSTALL 5 %2" PCC $ 5,763.00' $ 5,763.00 $ 4,765.75 $ 4,765.75 5 NEW ALLEY APRON $ 5.22 $ 27,666.00 $ 4.99 $ 26,460.25 6 ADJUST MANHOLE COVERS TO GRADE $ 7.69 $ 5,536.801 $ 9.22 $ 6,640.20 7 REMOVAL AND DISPOSAL OF $ 800.001 $ 800.001 $ 950.00 $ 950.00 $ 2.001 $ 1,760.00I $ 1.97 $ 1,7729.20 ALTERNATE NO. 1 BID TOTAL , $ 45,059 41 __. $ 43,903.80 -21.78% I bidresullsB/3/2004 BID OPENING SPECIFICATION NUMBER: 03-2 PROJECT TITLE: NATIONAL CITY ALLEY IMPROVEMENTS PROJECT, FY 03-04 OPENING DATE: WEDNESDAY, JULY 28, 2004 TIME: 3:00 P.M. ESTIMATE: BASE CONTRACT $145,000 PROJECT ENGINEER: ALBERT GRIEGO NO. BIDDER'S NAME (PAGE 12) BID AMOUNT (PAGE 14) ADDENDA (PAGE 12) BID SECURITY (PAGE 17-CHECK (PAGE 18-BOND) 1. PORTILLO CONCRETE 3528 HARRIS STREET LEMON GROVE, CA 91945 $138,020.00 BASE BID $ 46,250.00 ALT. BID BOND 2. MJC CONSTRUCTION, INC. 3015 SYLVIA STREET BONITA, CA 91902 $145,864.00 BASE BID $ 43,460.00 ALT. BID BOND 3. KIRK PAVING, INC 8722 WINTER GARDENS BLVD. LAKESIDE, CA 92040 $162,107.44 BASE BID BOND $ 40,845.80 ALT. BID 4. HEFFLER COMPANY 1800 MCKINLEY AVENUE $163,591.52 BASE BID $ 45,059.41 ALT. BID BOND SUITE A NATIONAL CITY, CA 91950 umni Proposed Aleys 1. Alai #7 West of' b Avenue Between 4 5-,reet and 51n Street, 2, Alai # I0 South of' 4th Street 13etween Highland Avenue and G Avenue. 3, Alley #56 We of' Hoover Avenue Between I4-ji Street and Civic Center lirive, Aternate Number I Aley I I South of' �} 5tree Between Highland Avenue and 1 Avenue, 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 September 30, 2004 Mr. Mario Portillo Portillo Concrete Inc 3528 Harris Street Lemon Grove CA 91945 Project: National City Alley Improvements Project, FY 03-04 Engineering Spec. No. 03-02, Awarding Resolution 2004-162 Dear Mr. Portillo, On August 17, 2004, the City Council of the City of National City passed and adopted Resolution No. 2004-162, awarding a contract in the amount of $138,020 to Portillo Concrete Inc. We are pleased to enclose one fully executed original contract, payment bond, performance bond, and one copy of the Certificate of Insurance for your records. Should you have any questions, please contact Mr. Stephen Kirkpatrick, Acting Director of Public Works / Engineering at (619) 336-4380. Sincerely, ti "V.& Michael R. Della, CMC City Clerk MRD/mla Enclosure cc: PW / Engineering File C2004-39 61) Recycled Pane'. >STAFF RECOMMENDATION Adopt the Resolution. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 21, 2005 AGENDA ITEM NO. 9 ITEM TITLL Resolution of the City of National City Accepting the Work and Authorizing the filing of a Notice of Completion for the National City Alley Improvements Project FY 03-04, Specification No. 03-2. PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION On August 17, 2004 by Resolution No. 2004-162, the City Council awarded a contract in the amount of $138,020.00 to Portillo Concrete, Inc. for the National City Alley Improvements Project FY 03-04. Specification No. 03-2. Change Order No. 1 was done to include additive Alley No. 99 for an increase in contract amount of $51,000 which included demolition of existing asphalt paving and concrete swale and installation of new concrete pavement. On May 9, 2005 a final inspection was completed. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a notice of completion for the National City Alley Improvements Project FY 03-04, Specification No.03-2. The current project cost of $189,020 remains unchanged. 1' Environmental Review X N/A MIS Approval Financial Statement Approved By: Fin a Director The total cost of the project was available through Account No. 196-409-500-598-6152. J Account No. BOARD / COMMISSIgN RECOMMENDATION N/A f' 37 1. e ; ._av 40, Sod- ... 2 ATTACHMENTS ( Listed Below) Resolution No. i. Resolution 2. Contract Final Balance 3. Notice of Completion 03-2 eV LOOS-/2.S A-200 (Rev. 7/03) RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY ALLEY IMPROVEMENTS PROJECT (Engineering Specification No. 03-2) BE IT RESOLVED by the City Council of the City of National City, California, as follows: Itappearing to the satisfaction of the Engineering Department that all work required to be done by PORTILLO CONCRETE, INC., Engineering Department Specification No. 03-2, for the National City Alley Improvements Project has been completed, the City Council of National City hereby accepts said work and 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 21st day of June, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney N.C.Alley Improvements Project FY 03-04 CONTRACT FINAL BALANCE Completion Date: 5/10/05 Original Contract Amended Contract (includes CO's 1) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 5,000.00 1 $ 5,000.00 1 $ 9,500.00 1 $ 9,500.00 2 Traffic Control LS $ 3,000.00 1 $ 3,000.00 1 $ 7,500.00 1 $ 7,500.00 3 Clearing and Grubbing LS $ 27,000.00 1 $ 27,000.00 1 $ 39,610.00 1 $ 39,610.00 4 Install New 51/2" PCC SF $ 4.00 22,200 $ 88,800.00 28,153 $ 112,610.00 28,153 $ 112,610.00 5 New Alley Apron SF $ 7.00 720 $ 5,040.00 720 $ 5,040.00 720 $ 5,040.00 6 Install Pedestrian Ramps EA $ 1,800.00 2 $ 3,600.00 2 $ 3,600.00 2 $ 3,600.00 7 Adjust Manhole Covers to Grade EA 1,000.000 1 $ 1,000.00 2 $ 2,000.00 2 $ 2,000.00 8 Removal and Disposal of Concrete SF $ 2.50 1,832 $ 4,580.00 3,664 $ 9,160.00 3,664 $ 9,160.00 Original Contract Amount $ 138,020.00 Amended Contract Total (w/change order 1) $ 189,020.00 CONTRACT FINAL BALANCE $ 189,020.00 Page 1 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 April 19, 2005, of the NATIONAL CITY ALLEY IMPROVEMENTS PROJECT FY 03-04, SPEC. NO. 03-2 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Various Locations National City, CA 91950 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- PCC (finisher), Saw -Cutter, Operator aid Laborers, Equipment: Utility Trucks, Concrete Truck, Dump Truck, and Forms General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: 2005; Joint tenants, tenants in common, or other owners Signature of Owner Nick Inzunza, Mayor 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 June 21, 2005, at National City, California. Signature: NICK INZUNZA, MAYOR FORMS/N00097-10 RESOLUTION 2005-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY ALLEY IMPROVEMENTS PROJECT (Engineering Specification No. 03-2) BE IT 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. 03-2, for the National City Alley Improvements Project has been completed, the City Council of National City hereby accepts said work and 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 21st day of June, 2005. ATTEST: Micalla, ity Clerk elD lerk APPROVED AS TO FORM: George H. Eiser, III City Attorney fax ick Inzunza, Mayor b/tE AfAro,t_ Passed and adopted by the Council of the City of National City, California, on June 21, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California / Ili J City', erk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-125 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2005. City Clerk of the City of National City, California By: Deputy