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HomeMy WebLinkAbout2004 CON Portillo Concrete - Misc Concrete Various LocationsCONTRACT MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. THIS CONTRACT, made and entered into this 16th day of November, 2004 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. 04-7. 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 an.d referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, 24 9-16-03 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. 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, CTTY, 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 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. 25 9-16-03 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. 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:, Cam 62 By. CITY: Title: s6C., ( cFC Federal ID. No. . S — 2- 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.) 26 9-1G-03 ii CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California,, County of O�VN Cl►�"�aE-�2 i�m� , before me, �j"�U�i t i �3 Afl �j r.��5 t c Date Name and Title of Officer e. _ ( g., "Jane Doe, Notary Public") personally appeared 111111'-t2t D 0.42-1-t LX A--( 4,. s Name(s) of Signer(s) LUPE A. STOVER Commission # 1310462 Notary Public - California San Diego County My Comm, Bores Jun 24,2005 Place Notary Seal Above z impersonally known to me proved to me on the basis of satisfactory evidence to be theCerson(swhose this/g0 subscribed to the within instrument and acknowledged to me that he/she )e xecuted the same in his/her/ authorized and that by his/he n the instrument the erson(s) or the entity upon behalf of which thperson(s. acted, executed the instrument. WITNESS my hand and official seal. oo- Sig lure of Notary Pu lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying ort the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docume/N n�t � Title or Type of Document: iNktSG r I�LG4-•4:'1� �ft4 u!,-41 _ kiA,Z�OI Oti•7 Document Date: 3L"vy�iiei4 ►lam ��'-ob� Signer(s) Other Than Named Above: I fAt' Capacity(ies) Clai med by igner q Signer's Name: r r `Vi-Li o ❑ Individual Corporate Officer — Title(s):K Lci Li Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Number of Pages: Pr -Co `Pc) 'tLLB 5t_c_4"-/Q- © 1999 National Notary Association • 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 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. CORPORATE CERTIFICATE i, 11 ifff POP-- LLD certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Mf0fl riLLO who signed said contract on behalf of the Contractor, was then P(Si be,v 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: 9-16-03 27 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF (iv On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 9-16-03 28 Dec 01 04 09:11a Mario Portillo 619-466-4761 p. 6 BOND NO. 213 59 19 PREMIUM $1,129.00 PERFORMANCE BOND MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-207, passed the 16t day of November, 2004 has awarded to Portillo Concrete, Incorporated, hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 04-7. WHEREAS, said Principal is required under the tenns of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and TNSURANCF. COMPANY OF Triu 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 Seventy Eight Thousand Four Hundred Dollars, ($78,400.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, 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 terns 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. 29 9-16-03 Dec 01 04 09:11a Mario Portillo 619-466-4761 P • 7 PERFORMANCE BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. 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 attorneys fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 1ST day of DECEMBER , 2004. LIRA % ra 1'ANY OF 1W(SEAL) .44 1- DEILt4Mi Surety (SEAL) (SEAL) PO ILLO COg NC. (SEAL) aktli (SEAL) MARIO PORTILLO, PRESIDENT_ 30 Principal 9-16-03 Dec 01 04 09:12a Mario Portillo 619-466-4761 p.8 PERFORMANCE BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNTA ) COUNTY OF SAN DIEGO ) )ss On this day 1ST of DECEMBER 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared CYNDI BEILMAN known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of the INSURANCE COMPANY OF THE WEST , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact_ NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): RACHEL G. HOLBROOK Notary Public in and for said County and State 8/4/08 My Commission expires: APPROVED AS TO FORM: By:_/ 7) ,,eaet'yit George H. Eiser, III City Attorney 3I 0., RACHEL G. HOLBROOKK 0 COMM. #1499414 n U QT� ra NOTARY 5AN DIEGO COUNTYiA n My Commission Expires "' UGUST 4, 2008 9-16-01 No. 0004066 ICW GROUP Power of Attorney Insurance Company of the West The 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, The 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 JEFF DAVIS, CYNDI BEILMAN, RACHEL HOLBROOK 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 INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jolm L. Hannum, Executive Vice President State of California } SS. County of San Diego On December 5, 2003, before me, Mary Cobb, 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. MARY GOBS 1 COMM. #1321341 A NOTARY PUBLlC•CALWORtl!A tg SAN OIEGO COUNTY MypCorntnission Expires SEPTEMBER 20. 2005 Mary Cobb, 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 he affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The 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 1ST day of NOVF fBER 2004 John II. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1.111 and ask for the Surety Di vision. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. Dec 01 04 09:11a Maria Portillo 619-466-4761 p,3 1, BOND NO. 213.59 19 PREMIUM $1,129.00 PAYMENT BOND MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-207, passed the 16`h day of November, 2004 has awarded to Portillo Concrete, Incorporated, hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04.7. 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 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 Seventy Eight Thousand Four Hundred Dollars, ($78,400.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 318I 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 attoiney'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. 32 Deo 01 04 09:11a Mario Portillo 619-466-4761 p.4 PAYMENT BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. 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, lo, 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 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 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 all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the t ST day of Nnvg>BFJ , 2004. OF THE':=WESOSEAL) PORTILLO CON ET INC. (SEAL) (SEAL) .," flJ" (SEAL) BEILMAN, ATTORNEY IN MARIO PORTILLO, PRESIDENT (SEAL) Surety 33 Principal 9-16-03 Dec 01 04 09:11a Maria Portillo 619-466-4761 P-5 PAYMENT BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO On this day 1ST or DECEMBI 1Q004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared C.CYNDT BEILMAN known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of the INSURANCE COMPANY OF THE ; T�1EST , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attomey-in-fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): RACHEL G. HOLBROOK (Notary Public in and for said County and State) My Commission expires: 8/4/08 APPROVED AS TO FORM: By: 'r%971. George H. Eiser, III City Attorney 34 .�a RACHEL G. HOLBROOK COMM. #1499414 o NOSAN DIEGO COUNTYiA My Commission Expires AUGUST 4, 2008 9-IG-03 No. 0004066 } SS. ICW GROUP Power of Attorney Insurance Company of the West The 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 Califomia, The 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 JEFF DAVIS, CYNDI BEILMAN, RACHEL HOLBROOK 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 l6th day of January, 2001. s "�Y kv.0 INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary State of California County of San Diego On December 5, 2003, before me, Mary Cobb, 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. John L. Hannum, Executive Vice President MARY COBB COMM. #1321•341 oAf 0WARYPUBUC-CALWOfNIA SAN OIEGO COUNTY My�Commission Expires SEPTEMBER 20 2005 Mary Cobb, 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, The 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 WI-IEREOF, I have set my hand this 1ST day of NOMIBER , 2004 Craig: Assis'.ant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 1 1 1 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. For information er filing claims, please contact Surety Claims, TCW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400E Policy Number LHA126621 Date Entered: 7/30/2004 `r ACORD IM CERTIFICATE OF LIABILITY INSURANCE PRODUCER Coral Point Insurance Services Lie. # 0001305 Fax: (858) 513-4771 13220 Evening Creek Dr. So., Ste. #109 San Diego, CA 92128-4103 (858)513-4767 INSURED PORTILLO CONCRETE INC. 619-466-4639/FAX:619-466-4685 3528 HARRIS ST LEMON GROVE, CA 91945 DATE (MM/DD/YYYY) 10/27/2004 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 INSURER A. LANDMARK INSURER B: CENTURY NATIONAL INSURANCE COMPANY_ INSURER C INSURER D: NAIC # HULL COVERA INSURER E:COLONY INS CO HULL ANY MAY POLICIES. INSR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS -SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADM LTR INSRD TYPE OFJNSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION-- • - DATEJMM DDIYY1 DATE (MM'DD/YY1 LIMITS \GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY it CLAIMS MADE OCCUR LHA126621 7/ 29/ 2004 7 29 2005 / / EACH OCCURRENCE DAMAGE TORENTED PREMISES (Ee occurence) $ 1,000,000 $ 50,000 MED EXP (Any one person) $ 1 PERSONAL & ADV INJURY $ , 000 , 000 GENERAL AGGREGATE $2,000,000 GEM. AGGREGATE 1 POLICY LIMIT APPLIES JERO- CT PER: I LOC PRODUCTS - COMP/OP AGG $ 1 , 000 , 000 B \\AUUTTOMOBILE /<.J LIABILITY ANY AUTO jll SAP-136835 5/29/2004 5/29/2005 COMBINEDiden SINGLE LIMIT idenq $ 1 , 000 , 000 - `X_, - ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTYDAMAGE (Per accident) $ --. -_._. _-_.._______._. $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN _EA ACC AUTO ONLY. AGG $ $ $ EXCESS/UMBRELLAUABILITV EACH OCCURRENCE $ OCCUR I 1 CLAIMS MADE AGGREGATE $ � .- D DEDUCIBLE RETENTION $ - - - $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY -- }( ,_\ V STAT l TORY LNILTB._I_.ER._.. OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER E.L. EACH ACCIDENT $ EXCLUDED? If Yes, tlescnbe untler E.L. DISEASE - EA EMPLOYEE $ S SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ E OTHER INLAND SCHEDULED $101,084 MARINE IM133117 6/10/2004 6/10/2005 MISC TOOLS $7,500 incRIPTLON OE.OP-ERATIOHSJ_LOCATJDN51 YEHICIES 1 EXC1.11Sa$21DED BY ENQORSEI ENT / SPECIAL PROVISIONS THE CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ARE NAMED AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT PER POLICY LIMITS AND EXCLUSIONS, RE: R/R SIDEWALK, CURB, GUTTER. INSTALL NEW SIDEWALK AND PEDESTRIAN RAMPS. CFRTIFICATF NAI nco _______ _____ CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES yyByEEyyCANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL YH49eAYOR'T0 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE O Y -I ©ACORD CORPORATION 1988 IS 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 Name of Person or Organization:- SCHEDULE 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 1I - 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 07/29/200J ferns part of Policy Number t_HA126621 issued to PORTILLO CONCRETE, INC w' Landmark .A7riiiiiricari Comr ny E',.rsement No.: s 35001 090 copyrlg Tatenal .W-ance Services Office, Inc. 1984 r 10 1185) with..s rmiss or ,_,./iJCYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-01-2004 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 92950 GROUP: 000046 POLICY NUMBER: 14841-2004 CERTIFICATE ID: 98 CERTIFICATE EXPIRES: 10-21-2005 10-21-2004/10-21-2005 JOB: MISC CONCRETE IMPROVEMENTS FY 2004-05 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 ATTRCHEDDTO AND FORMS'A-PART—OF"THIS-POLICY' EMPLOYER PORTILLO CONCRETE, INC 3528 HARRIS ST LEMON GROVE CA 91945 SCIF 10262E Accept this certificate only If you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" [BDW.SDJ PRINTED: 11-01-2004 PAGE 1 OF 1 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 December 22, 2004 Mario Portillo, President / CEO Portillo Concrete Inc 3528 Harris Street Lemon Grove CA 91945 Project: Miscellaneous Concrete Improvements at Various Locations Engineering Spec. No. 04-7, Awarding Resolution 2004-207 Dear Mr. Portillo, On November 16, 2004, the City Council of the City of National City passed and adopted Resolution No. 2004-207, awarding a contract in the amount of $78,400 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, City Engineer at (619) 336-4380. Sincerely, d,6 Michael R. Dal City Clerk MRD/mla Enclosure cc: Engineering File C2004-50 ® Recycled Paper 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 November 17, 2004 Portillo Concrete 3528 Harris Street Lemon Grove, CA 91945 t ,Lc2� coL(Psa Project: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY, FY 2004-2005, SPECIFICATION NO. 04-7 Subject: NOTICE OF CONTRACT AWARD Congratulations, the National City Council, at their meeting on November 16, 2004, approved the award of a contract to your company for Miscellaneous Concrete Improvements at Various Locations in National City, FY 2004-2005. We look forward to a cooperative and enjoyable experience in the construction of this project. The award is for a total $78,400.00 This is your Notice of Contract Award. Pursuant to Section 2-1.2(a) of Part One of the Special Provisions, you shall execute the contract agreement with the City and submit the necessary documents within ten (10) days of this Notice of Award. Please submit the following to this office no later than November 29, 2004 1. The enclosed Contract Agreement executed in triplicate original. Return all three copies to the City. One fully executed copy will be forwarded to you. 2. The enclosed Performance Bond form for 100 percent of contract amount (Project Specification Section 2-4). 3. The enclosed Payment Bond form for 100 percent of contract amount (Project Specification Section 2-4). 4. The enclosed Emergency Notification List (Project Specifications Section 7-6). 5. Liability Insurance Certificates (Limits shall be in accordance with Project Specifications Sections 7-3). 6. Worker's Compensation Insurance Certificate as required by Section 3700 of the California Labor Code (Project Standard Specifications Section 7-4). 7. A copy of your City of National City Business License for your Company and your subcontractors. ® Recycled Paper Associate Civil Engineer Enclosures cc: City Clerk Risk Manager DD:jha2 noa04-7 8. Certificate of Understanding and Authorization for Payroll Officer (Appendix B). Insurance policies must provide that they remain in force for not less than 30 days after notice to City of expiration or cancellation, and liability policies shall name the City of National City as additional insured. Your insurance will not be accepted if this requirement is not met and evidenced in your submitted documents. We must review and approve these documents before we can issue a Notice to Proceed. In order to expedite the issuance of the Notice to Proceed, it is recommended that the submittals as required in Section 2-5.4.2 of project specifications be provided as soon as possible. The Project Manager for this project is Mr. Din Daneshfar at 336-4387. Please contact him to schedule a pre -construction conference. Would like to proceed with this project as soon as possible. Approved by: _ in Daneshfar Stephen M. Kiijkpatrick City Engineer CONTRACT MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. THIS CONTRACT, made and entered into this 16th day of November, 2004 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. 04-7. 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, 24 9-16-03 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. 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 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 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. 25 9-16-03 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. 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: Federal ID. No. CITY: 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.) 26 9-16-03 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. CORPORATE CERTIFICATE 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. 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: 27 9-16-03 CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 28 9-16-03 PAYMENT BOND MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-207, passed the 16`h day of November, 2004 has awarded to Portillo Concrete, Incorporated, hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04.7. 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 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 Seventy Eight Thousand Four Hundred Dollars, ($78,400.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 32 9-16-03 PAYMENT BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. 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 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 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. 1N 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 day of , 2004. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 33 9-16-03 PAYMENT BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 34 9-16-03 PERFORMANCE BOND MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-207, passed the 16`h day of November, 2004 has awarded to Portillo Concrete, Incorporated, hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 04-7. 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 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 Seventy Eight Thousand Four Hundred Dollars, ($78,400.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, 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. 29 9-16-03 PERFORMANCE BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. 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. 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 day of 2004. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 30 9-16.03 PERFORMANCE BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 31 9-16-03 EMERGENCY NOTIFICATION LIST MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. DATE: In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name Emergency Telephone Number(s) Name Emergency Telephone Number(s) I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of Contractor Naive and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. 37 9-16-03 City of National City Engineering Department 1243 National City Blvd. National City, CA 91950 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7 This is to certify that the principals, and the authorized payroll officer, below, have read and understand the Minutes of the Pre -Construction Conference and the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance which will accompany our weekly certified payroll reports for this project: Payroll Officer (Name) PRINCIPAL (Contractor/Subcontractor) (Title) Contractor/Subcontractor License No. (Signature) (Date) (Signature) (Date) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc., in the amount of $78,400 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations PREPARED BY Din Daneshfar EXPLANATION 336-4387 DEPARTMENT See attached explanation Public Works/Engineering ( Environmental Review x N/A Financial Statement Approved By: The total estimated amount for the work is $101,800. Director The funds are available in Account Nos. 109-409-500-598-6134 ($50,000), and 109-409-5 0137 ($51,800). STAFF RECOMMENDATION Adopt the Resolution. �4 BOARD / COMMISSION RECO NDATION N/A Account No. ATTACHMENTS ( Listed Below ) Resolution No. C7OLVZ,0 ] 1. Resolution 2. BidOpening Information Sheet 3. Bid Proposal Spreadsheet for the two lowest bidders A-200 9:99) RESOLUTION NO. 2004 — 207 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $78,400 FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS, AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS WHEREAS, the Engineering Department of the City of National City did, in open session on October 26, 2004, publicly open, examine and declare two sealed bids for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council 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 including curbs, gutters, sidewalks, and pedestrian ramps at various locations. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of November, 2004. Nick In�ttrszh, Myor ATTEST: APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 16, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: • a NICK INZUNZA City Jerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-207 of the City of National City, California, passed and adopted by the Council of said City on November 16, 2004. City Clerk of the City of National City, California By: Deputy Re: Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc., in the amount of $78,400 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations The project involves the removal and replacement of the existing curb and gutter (20- LF), sidewalk (220-SF), and installation of new concrete sidewalks (2300-SF), and pedestrian ramps (26-EA), including minor pavement repairs, at various locations in National City. On October 5, 2004, the project was advertised on the Local and Regional Newspapers. On October 26, 2004, two bids were received and opened for the project. Staff has reviewed the bid documents and found the lowest responsive bidder, Portillo Concrete, Inc. to be qualified to perform the work. The total cost for the work is estimated at $101,800. This amount includes the proposed lowest bid amount ($78,400), approximately 10% ($7,800) for surveying, approximately 10% ($7,800) for inspection, and approximately 10% ($7,800) for contingencies. The Bid Opening Information Sheet and the cost proposals for the two low bidders are attached .for further review. A biography of Portillo Concrete, Inc., is attached. BID OPENING SPECIFICATION NUMBER: 04-7 PROJECT TITLE: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS I,OCATIONS FY 2004-2005 OPENING DATE: TUESDAY, OCTOBER 26, 2004 TIME: 3:30 P.M. ESTIMATE: BASE BID $80,000 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 14) ADDENDA (PAGE 13) BID SECURITY (PAGE 17-CHECK AGE I8--BOND) 1. Portillo Concrete, Inc. 3528 Harris Street Lemon Grove, Ca 91945 $78,400.00 N/A 2. Kock Armstrong General Eng. Inc. 9709 Airport Vista Road Santee, CA 92040 $85,012.00 N/A Misc. Concrete Improvements at various locations in National City Spec. 04-7 Item QTY UNIT 1 1 LS 2 3 220 4 11 5 4 1 SF EA EA EA Item Description Clearing & Grubbing including Storm Pollution Prevention 6 7 10 20 EA LF 8 9 44 10 11 1 TN 2300 10 LS SF TN Conc. Sidewalk Remove&Replace per G7 Install Ped Ramp per G28, TypeA-1 or Mod. Install Ped Ramp per G29, or Mod. Install Ped Ramp per G-29 (Modified & Bigger) See Sheet 8 & Grid 30 Install Ped Ramp per G31 or Mod. 6" or 8" Type "G" Curb&Gutter Removal & Replacement per G-2 Variable Thickness A.C. Traffic Control Install new Sidewalk per G-7 Crushed Misc. Base Prepared by: CITY OF NATIONAL CITY PORTILLO CONCRETE KOCK ARMSTRONG • Progress Est. No. 10/28/04 Will ,....wt. 1*Jldl VVJI $ 5,000.00 V,,,L Vvv• $ 3,110.00 .---- ---- $ 3,110.00 $ 5,000.00 $ - $ 10.00 $ 2,200.00 $ 14.00 $ 3,080.00 $ 1,500.00 $ 16,500.00 $ 1,760.00 $ 19,360.00 $ 1,500.00 $ 6,000.00 $ 1,840.00 $ 7,360.00 $ 4,400.00 $ 4,400.00 $ 2,700.00 $ 2,700.00 $ - $ 1,500.00 $ 15,000.00 $ 1,500.00 $ 15,000.00 $ 50.00 $ 1,000.00 $ 47.00 $ 940.00 $ - $ 100.00 $ 4,400.00 $ 196.00 $ 8,624.00 $ 4,500.00 $ 4,500.00 $ 4,540.00 $ 4,540.00 $ 8.00 $ 18,400.00 $ 8.36 $ 19,228.00 $ 100.00 $ 1,000.00 $ 107.00 $ 1,070.00 $ 78,400.00 $ 85,012.00 Nov 02 04 02:31p Portillo Concrete [619) 466 - 4685 p.2 PORTILLO CONCRETE, INC. State Lie_ No_ #680144 (AIB/C-8) Exp. 10/31/06 3528 Harris St Lemon Grove, Ca. 91945 Office (619) 466-4639 Fax (619) 466-4685 November 2, 2004 To: City of National City From: Portillo Concrete, Inc. Subject: Company Biography Fortillo Concrete Inc. was established in October 1994 by Mario Portillo (who is now the President and CEO) as a sole proprietorship working on small city projects and small commercial developments. The company was incorporated in July, 2000, with the current President and CEO, and Tina Fordlio as Secretary and CFO. The company is currently bonded with Insurance Company of the West, with a bonding limit of 2 million dollars. We are currently working directly for the City of Chula Vista, City of National City, City of San Diego, Escondido Union High School District, Sweetwater Union High School District, and San Diego Unified School District. We have recently completed projects with the City of Escondido, City of San Diego, City of National City, Chula Vista Elementary School District, and Sweetwater Union High School District. Our primary focus of work is the removal and replacement of concrete, as well as the rehabilitation of concrete flatwork with various school districts. We pride ourselves with the fact that we do the majority of the work in house with our own forces. We do our own sawcutting, demolition, trucking, concrete delivery and pumping. Sincerely, btti Marro Portillo, President