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HomeMy WebLinkAbout2005 CON Portillo Concrete - Highland Ave Medians Phase Ir CONTRACT HIGHLAND AVENUE MEDIANS, PHASE I - 8th TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05. THIS CONTRACT, made and entered into this 20th day of December 2005 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: HIGHLAND AVENUE MEDIANS, PHASE I - 8th TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05. 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) HIGHLAND AVENUE MEDIANS, PHASE I - ath TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05. 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 judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. CONTRACT (CONTINUED) HIGHLAND AVENUE MEDIANS, PHASE I - 8th TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05. 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: CITY: Title: By: <J'""'40U Title: Federal ID. No. By: ICkilt— Mi Seeietar 33 -aq j 3q 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.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v t pa tc.-- Via. it... YwisefvZ '5,.. i,.*. 'a,.,.'v(ii,-.•. s:Ce,Tat. . ia, e:.waS..c.te,—, .L��'6^aerlaS.-saw'/' j State of California rr�� ss. g County ofij n Die 0 (� % z / / as before me YS f� 1 fllX /Yel l' if:0 t Z- On!f g„ . ne Doe, Notary lC• Dale Name and o1 ONi er (e. ry Public") e % Or7r//D personally appeared nY IO �� �� of slgnaael .. ( personally known to me 7 ❑ 'proved to me on the basis of satisfactory @ evidence P % to be the person(s) whose name(s) is/are %JOSS MAR11NEZ subscribed to the within instrument and Commission # 1345128 e '. pubic CoNfarr>lo acknowledged to me that he/she/they executed " Notary the same in his/her/their authorized : %;, r' San Diego County "'�'�MyComm Expos Mor 2, 2006 capacity(ies), and that by his/her/their t signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my han off„ I @ r ignatu of No ry 'ub6c Y. %, '01 t OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent P. .�@ fraudulent removal and reattachment of this form to another document. t@ Description of Attached Document , Title or Type of Document: C i rek. C --// Z IA Document Date: i 2-/l' /0 5 Number of Pages: C ii Signer(s) Other Than Named Above: �� e"_ k 0 Capacity(ies) Claimed by Signer —ink— K. Signer's Name: Ul ik/iO ' k- 1R, —iida RIGHT THUMBPRINT OF SIGNER . j� Top of thumb here k ❑ Individual -ee5r dell T li cct�,j`� G ry corporate Officer — Title(s): J Partner — ❑ Limited ❑ General • ❑ Attorney -in -Fact ❑ Trustee 0 E Guardian or Conservator k, L Other: k Signer Is Representing: (OY 0 re/ -1/ U r7 0 l zls_.fxct -.kg,.:.w. c sz ..rc-er.,:g e ,g3 ger.,,s r'2C~C"orw-z, - 4 rywySv:.7 ,Agr. d: 471"0 rw•-: eidti,.AariaNwx 01999 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) HIGHLAND AVENUE MEDIANS, PHASE I - 8th TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05. CORPORATE CERTIFICATE I,,n P0c6itU certify that I am the Secretary of the Cory Qration na1ed as Contractor in the foregoing Contract; that p'trrto 'r rbIt° , who signed said contract on behalf of the Co tractor, was then Test dent" 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. certify that I am the Secretary of the Corpor tion natsned as Contractor in the foregoing Contract; that fla_ t .k Q , who signed said contract on behalf of the Contractor, was Se-eA' of said Corporation; that said contract wa my signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. i ins Poc 11P Corporate Seal: CONTRACT (CONTINUED) HIGHLAND AVENUE MEDIANS, PHASE I - 8th TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05. PARTNERSHIP CERTIFICATE STATE OF ss COUNTY OF On this day of , 2005, 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: BOND F^Err.1112;1 BASED ON Mil CO,;TACT PRICE BOND NO. SU 5018727 PREMIUM $17,385.00 PERFORMANCE BOND :.. HIGHLAND AVENUE MEDIANS, PHASE I- 8thTO 16th STREET IMPfOVEMENT PROJECT, SPECIFICATION NO.05-05_ KNOW ALL MEN BY THESE PRESENTS: That CD WHEREAS, the City Council of the City of National City, by Resolution No. 2005- 268 , passed the 2nTR: day of DECEMSER , 2005 has. awarded to PORTILLQ CONCRETE. INC. hereinafter designated as the "Principal", the HIGHLAND AVENUE MEDIANS. PHASE 1 - . 8th TO 18th STREET IMPROVEMENTS PROJECT, SPECIFICATION O.05-05.. WHEREAS, said Principal is required under the terms of said contract to -furnish a bond for the faithful performance of said contract, NOW, THEREFORE, we, the Principal and ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of.the City of National Cityhereinafter called the "Council", in the penal sum of ONE MILLION ONE HUNDRED FIFTY NINE AND 09100 Dollars ($ 1,159,000.00 lawful money of the United States, for the payment of which sum welt 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 sald 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. 31 PERFORMANCE BOND (CONT1NUED) HIGHLAND AVENUE MEDIANS, PHASE I - 8th TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO.05-05. In the event suit is brought upon this bond by the Community Development of 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 7TH _ day ofDECEMBER , 2005. ARCM INS E COMPANY (SEAL) PORTI CON a C. (SEAL) (SEAL) (SEAL) (SEAL) MARIO PORTILLO s PRESIDENT(SEAL) Principal Michael G. Hall ATTORNEY .IN FACT Surety APPROVED AS TO . FORM • . —ot George H. Eiser, III City Attorney 32 • CALIFORNIA ALL State of California County of Los Angeles On DEC 0 7 20 PURPOSE ACKNOWLEDGMENT personally appeared before me, Natalie Burkhart//Notary Public NAME, TITLE OF OFFICER Michael G. Hall ® Personally known to me - or - ❑ NATALIE BURKHART COMM. #1462013 m Notary PubliaCali/omia Cr) LOS ANGELES COUNTY -� My Comm.Exp. Jan 11-2008_ j NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. )1) VJ 1L ,/ " (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL/OWNER n CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) I I LIMITED n GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) Arch Insurance Company TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT PERFORMANCE BOND (CONTINUED) HIGHLAND AVENUE MEDIANS, PHASE I- 8thTO 16th STREET IMPROVEMENTS PROJECT. SPECIFICATION NO. 05-05. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss ) On this day of , 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared knownto me to be the person whose name is subscribed to the within instrument es the attomey-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 sald County and State My Commission expires: APPROVED AS TO FORM: -By: George H. Eiser, lit City Attorney BOND NO. SU 5018727 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND HIGHLAND AVENUE MEDIANS, PHASE 1- 8th TO 16th STREET IMP1ttQVEMENTS PROJECT, SPECiEQATiON NO. 05-05. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2005-268, passed the may of Dv , 2005 has awarded to TTIRTTT.r.p cnMc r W reinafter**INC. designated as the "Principal", the HIGHLAND AVENUE MEDIANS,, PHASE 1- 8th TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05.. 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 firmish a bond in connection with Said contract; NOW. THEREFORE, we, the Principal and ARCH INSURANCE COMPANY 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 ONE MILLION ONE HUNDRED FIFTY NINE THOUSAND AND 00/100 Dollars 01,159,000.00 .) 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 3161 of the California Civil Code, or amounts clue 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 alsp. In case suit Is brought upon this bond, a reasonable attomey's fee, o be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the Califomia Civil Code, so as to give a right of action to such persons or their assigns in any suit brought 'upon this bond. .- 34 PAYMENT BOND(CONTINUED) HIGHLAND AVENUE MEDIANS PHASE 1- 8thTO 16th STRE T IMPROVEMENTS PROJECT, SPECIFICATION NO.05-05. 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.tharr 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 c c unterpsrts 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 71% day of DECEMBER 2005. Aitr H TNS'[TRAN Michael.G. Hall ATTORNEY IN FACT Surety APPROVED AS TO FORM George H. Eiser, III City Attorney (SEAL) PO ILLO CRETE, INC. (SEAL) (SEAL) �//� lOI [t (SEAL) (SEAL) j in pogp i.rn1. PRRSIDEW (SEAL) 35 Principal • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On DEC 0 7 1005 before me, Natalie Burkhart//Notary Public NAME, TITLE OF OFFICER Michael G. Hall personally appeared NAME OF SIGNER(S) ® Personally known to me - or - 0 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they NATALIE BURKHART E executed the same in his/her/their authorized capacity(ies), COMM. #1462013 M Notary Public-Califomia Se and that by his/her/their signature(s) on the instrument the LIJ n , LOSANRFIFSCOUNTY or the entityupon behalf of which the person(s) My Comm. Exp. Jan 11,2008E person(s), p P ( ) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company NUMBER OF PAGES DATE OF DOCUMENT PAYMENT FROND (CONTINUED) HIGHLAND AVENt,g MEDIANS. PHASE 1- 8thTO 15th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) 85 On this day of 2005, before me. the undorsigned. 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 NOTE: The Attorney -in -fact must for Surety must be properly attach a certified copy of the acknowledged. Power of Attorney. Stgnature: Name (Type or Print): (Notary Public in and for.seld County and State) My Commission expires: APPROVED AS TO FORM: By: • George H. Eiser, 11l City Attorney 36 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these_.presentsshall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attomey or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by the* authorized officers, this 12th day of April , 2005 . Attested and Certified Mary Jea rson, e President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company aiedece Edward M. Titus, Vice President I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. LM NOTARIAL SEAL MARCINKUS, Notary Public City of Philadelphia Phila. County Commission Expires February 25, 2006 CERTIFICATION „6 Kathleen Marcinkus, N ry Public My commission expires 2-25-06 I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attomey dated April 12, 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and Company on this day of , 20 DEC .07 2805 Mary Je lowderson, Vice President rate s - - _ - - Arch Insurance This Power of Attomey limits the acts of those named therein to the bonds and ndertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. EMERGENCY NOTIFICATION LIST HIGHLAND AVENUE MEDIANS, PHASE I - 8th TO 16th STREET IMPROVEMENTS PROJECT, SPECIFICATION NO. 05-05. DATE: 1 gigic 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 klAafi0 PerIli Number(s) r0i9.-eq3-9 OA OP- -4 ,39 Name Pick 5tanmyrIfinn Ikuctej Emergency Telephone Number(s) aa-01 -o .4 Cor(-4(c6-4(o 9 l21g -W0- 4I05— 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. gob Signature of Contractor Name and Tit nature of Contractor 1 1Of WIC Name and Title Note: Two signatures are required if a corporation. &60,t-alt Prom: Kathy Scr,euermen At Rancho Mesa 'nsurence Fox'D: (512)-937-0158 To: Atkin: Alberto Grego Date: 1/3108 02:54 PM Page: 1 of 2 acORP CERTIFICATE OF LIABILITY INSURANCE OP ID RS PRCOUCER Rancho Mesa Insurance Agency :L810 Gillespie way, Suite 108 El Cajon CA 92020 Phone:619-937-01.64 Fax:619-937-0168 INSURED Portillo Concrete Inc. 3528 Harris Street Lemon Grove CA 91945 DATE (M6V5I0/YYYY) POR'TI-1 01/03/06 THIS CERTIFICATE 1S 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 American Ins Co INSURER ES: Redwood Fire & Casualty I INSURER C. RSUI Indemnity Company INSURER D: State Cemmeaeioa Ins. !sad INSURER E. NAIC # COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T'O THE ANY REQUIREMENT, MAY PERTAIN. POLICIES, AGGREGATE - ---- INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING TERMQR CONDITION OF ANY CONTRACT OR OTHER DUCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR THE INSURANCE_ AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ExCLUSIONS AND CONDITIONS OF SUCH LIMITS SHOWN MAY HAVE BEEN REDUCED EV PAID CLAIMS. " LTR NSRD TYPE OF INSURANCE POLICY NUMBER I DATPOLIECY EFFEE"E TYl I OATE(MWDD/YYT11 LIMITS^—T�_� GENERAL A X R UAEILTTY I EACHOCCURRENCE 151,000,000 caleMERCIALGENERAL UABEIry j LHA128495 07/29105 = 07/29/06 VANTAGE !V HENltre --- L---I ; GEM_ PREMISFs(Ereot�vre te$ SO,Ot)() CLAIMS MADE { iEJ OCCUR ` s MED —+ _.... EXP(Any one peaon) ; ; $ 5r000 00 ' PERSONAL & ADV INJURY 15 1, 000,000 , GENERAL AGGREGATE 15 2, 000,. OLIO AGGREGATE LIMIT APPLIES PER: I I PRODUCTS-COMP/OP AGO I s 2 000, 0010 POLICY IX JECT I I LOC I AUTOMOBILE r""7 8 , X t _ j X ! X �.{ I T, LIABILITY ! . COMBINED SINGLE LIMIT ANY AUTO CAA000306 05/29/05 O5/29/06 fEaaccdentt 51,000,0010 ALL OWNED AUTOS I SCHEDULED AUTOS I BODILYrperson) HIRED AUTOS EO;eraBODILY INJURY NON -OWNED AUTOS { ; {Per accident) j 5 I PROPERTY DAMAGE (Per accident) E ; ' GARAGE i i "-1 LIABILITY `AUTO ONLY - EA ACCIDENT I $ ANY AUTO I� I OTHER THAN EA ACC 5 i AUTO ONLY', AGG 5 CESEIU&BRELLA__ C x ] -^� : jI UABIUTY !EACH OCCURRENCE ! $ 1,000,000 OCCUR i CLA/MSMADE t A214672 07/29/05 ! 07/29/06 ;AGGREGATE 151,000,000 i. $ --! DEDUCTIBLE '.5 RETENTION S - ' WORKERS ' EMPLOYERS' D ;ANY PROf'RIETOR/PARTAERiEXECIITAlE OFFICER/MEMBER ttye describe II SPECIAL PROVISIONS _5 COMPENSATION AND : I WCSTAT U-:OI& LIABILITY :TORT OATS : EH !CST I eY SIMS RAto 10/21/05 1 10/21/06 ;EL EACH ACCIDENT , $ EXCLUDED? ;El. DISEASE - EA EMPLOYEE $ under _ below I EL DISEASE - POLICY LIMIT 15 OTHER S ;PHYSICAL DAMAGE CAA000306 05/29/05, 05/29/061 COMP $500 DED I i COLL $500 DED DESCRIPTION OF RE: HIGHLAND PRO.7ECC EMPLOYEES ATTACHED THIS CERTIFICATE CFRTIKIRATE OPERATIONS / LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDGRSEMENTI SPECIAL PROVISIONS AVENUE MEDIANS PHASE 1, 8TH TO 16T8 STREET IMPROVEMENTS SPEC NO. 05-05 PCI *A05-52 CITY OF NATIONAL CITY, ITS OFFICRS, & AGENTS ARE INCLUDED AS ADDTIONAL INSURED PER FORM CG2010 *10 days for non payment of premiums SUPERCEDES AND REPLACES CERTIFICATE ISSUED 12/05/05 MY11 nco _..__. _ _____. NATIONA CITY OF NATIONAL CITY 1234 NATIONAL CITY BLVD. NATIONAL CITY CA 91950-4397 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL immulasimiltAll *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, eseseermiesirsemes .,AUTHOR zED IEPRESENTATIVE tri A D ACORD CORPORATION 1988 From: Kathy Scheuerman At: Rancho Mesa 'neurone Fax'D: (61 )-937-015S To: A°`n: Alberto Grego 'late: 1f3105 02:54 PM Page: 2 of 2 This Endorsernelof Changes The Policy. Please Read It Carefully. AIDDITIONAIL 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 whore cd• 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 parson 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 prirnary insurance, this policy shall be primary as respects your negligence find 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 07/29/05 forms part of Policy Number LHA1 28498 issued to Portillo Concrete Inc. by Endorsement No.: RSG 15001 0903 Includes copyrighted material of Insurance Services Office, Inc. 1984 (CG 2010 11E15) with its permission City of National City, California COUNCIL AGENDA STATEMENT .dEETING DATE December 20, 2005 27 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City awarding a contract in the amount of $1,159,000 to -N Portillo Concrete, Inc. for the Highland Avenue Medians, Phase I - 8th to 16th Street Improvements Project (Funding for this project is provided by the National City Community Development Commission). PREPARED BY Alberto Griego DEPARTMENT EXPLANATION See attached Engineering EXT. 4386 1 ( Environmental Review X N/A MIS Approval Financial Statement Approved By: ---__, The total cost of the project is estimated to be $1,506,700. Finance Director This amount is within the estimated budget for this project. Funding is available through Community Development Commission Account Number 900210. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A. 2aos -7o ATTACHMENTS ( Listed Below ) i. Resolution 2. Bid Summary Resolution No. 200S - Z Z 4/9 3. Bid Opening sheet port A-200 (Rev. 7/03) RE: Resolution of the City of National City awarding a contract in the amount of $1,159,000 to Portillo Concrete, Inc. for the Highland Avenue Medians, Phase I - 8th to 16th Street Improvements Project (Funding for this project is provided by the National City Community Development Commission). This project consists of the removal and replacement of asphalt paving at new median locations and at the failed pavement sections, installation of new medians, asphalt overlay, landscape improvements, curb ramps, traffic signage, and traffic striping along Highland Avenue from 8th St. to 16th St. The medians will have left turn pockets at Plaza Blvd., the Wal-Mart and South Bay Plaza Shopping Center entrance driveways and at 16th St. There are no left turn openings to enter businesses except the Wal-Mart and South Bay Plaza Shopping Center opening. This project will eliminate the parking of all vehicles on both sides of Highland Ave. due to the inclusion of a concrete median, which is 10 foot wide. The existing right of way is 80 feet wide. The sidewalks are 9 to 10 feet wide on each side. This will leave only 50 or 52 feet for four lanes of traffic (2 in each direction). This will be the standard for all phases of design along Highland Avenue. Also, MTS Bus Route 929 is along Highland Avenue with stops at 8th and 16th St.. When the bus stops to unload and load passengers it will stop vehicle transit on the rightmost lane. Community Development Commission (CDC) staff was responsible for the design engineering of the project. The Engineering Department has been asked to perform Construction Management Services. On November 22, 2005, seven (7) bids were received and opened for the Highland Avenue Medians, Phase I-8th to 16th Street Improvements Project. Portillo Concrete, Inc. was found to be the lowest responsible bidder and is qualified to perform work. Portillo Concrete, Inc., was founded in 1993 by Mario Portillo, originally specializing in concrete construction only. In 2000, after obtaining a General Engineering and General Building Contractors License, Portillo Concrete expanded into demolition, grading, asphalt concrete paving, site and custom concrete, drainage, landscaping, and masonry. Portillo Concrete is located in Lemon Grove, CA .The company's latest projects for the City includes National City's Miscellaneous Concrete Repairs in 2004 and 2005 and the National City Alley Improvements in 2004. The total cost of the project is estimated to be $1,506,700. This amount includes the construction bid price of $1,159,000 plus 20% ($231,800) for contingencies, and 10% ($115,900) for materials testing, inspection, and surveying. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $1,159,000 TO PORTILLO CONCRETE, INC. FOR THE HIGHLAND AVENUE MEDIANS PHASE I — EAST 8TH STREET TO 16TH STREET IMPROVEMENTS PROJECT, WITH FUNDS PROVIDED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, the Engineering Department did, in open session on November 22, 2005, publicly open, examine and declare seven sealed bids for the Highland Avenue Medians, Phase I — 8th Street to 16th Street Improvements Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Highland Avenue Medians, Phase I — 8th Street to 16th Street Improvements Project 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 $1,159,000 between Portillo Concrete, Inc. and the City of National City for the Highland Avenue Medians, Phase I — 8th Street to 16th Street Improvements Project, to be funded by the Community Development Commission of the City of National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME FIGURES CHECKED BY: HIGHLAND AVENUE MEDIANS PIIASE I - Sth To 16th STREET IMPROVEMENTS SPECIFICATION NO. 05-05 PROJECT NO. CDC FILE NO.: With Plan Sheets 928541 to 9339-U BID DATE: Tuesday, November 22, 2005 APPARENT LOW BIDDER: Portillo Concrete, Inc. (LOW BID AMOUNT: SI,159,000.00 I ENGINEERS ESTIMATE: $1,510,600.00 Kenneth Fernandez X X CHECKLIST ALL SIGNATURES ARE AFFIXED TYPE & AMOUNT OF BOND ADDENDUMS TO BE ACKNOWLEDGE SIGNATURE SUBCONTRACTORS, LICENSE BOND CHECK AFFIDAVIT DISCLOSURE ADIIFIJDUMS YES :SIGNATURE 19.00 :SUBCONTRACTORS"', YES LICENSE YES BOND CHECK JAFIIDAViT .DISCLOSURE NO ADDENDUMS 11 /23/05 YF: 1407 YES YES NO SIGNATURE YES SLmCOATRACr00.5% 21 .00 UCFNSE YES_ BOND CHECK YES AFFIDAVIT. DISCLOSURE ADDENDUMS NO 2 3 NO. ITEM QTY. UNIT ENGINEERS ESTIMATE Portillo Concrete, Inc. 3528 Harris St. 619-466-4639, Helper Company, Inc. 1800 McKinley Ave. Ste. A 619-336-0800 3-D Enterprises 2180 Garnet Ave., Ste 2C 858-272-3191 UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL I MOBILIZATION LS $ 125,000.00 $125,000.00 $ 92,000.00 $ 92,000.00 $ 100,000.00 $ 100,000.00 $ 90,000.00 $ 90,000.00 2 TRAFFIC STRIPING AND SIGNAGE (including paint and protective coating) LS $ 35,000.0D S35,000.00 $ 25,000.00 $ 25,000.00 $ 25,700.00 $ 25,700.00 $ 35,000 00 $ 35,000.00 3 TRAFFIC CONTROL I LS $ 100,000 00 5100000,00 $ 50,000.00 $ 50,000.00 $ 190,000.00 $ 190,000 00 $ 160,000 00 S 160,000.00 POLLUTION CONTROL, MEASURES l LS 1 S 20,000.00 $20 000.00 $ 15,000.00 $ 15,000.00 $ 4,000.00 $ 4,000.00 $ 15 000.00 $ 15,000.00 5 CLEARING AND GRUBBING 1 LS $ 10,000.00 $10,00000 $ 25,000.00 $ 25,000.00 $ 5,000.00 $ 5,000.00 $ 60,000.00 $ 60,000.00 6 IRRIGATION SERVICES 1 LS $ 30,000.00 $30,000.00 $ 8,600.00 S 8,600.00 $ 40,085.00 $ 40,085.00 $ 10,000.00 $ 10,000 00 7 ADJUST MANHOLE TO GRADE 7 EA $ 1,300.00. $9,10000 $ 25000 $ 1,750.00 $ 650.00 $ 4,550.00 $ 1,000.00 $ 7,000.00 8 REMOVAL OF STREET SECTION (approx. 5" A.C.15" PCC) 6,846 SF S 5.00 $34,230 00 S 4.00 S 27,384.00 $ 3.00 $ 20,538.00 $ 6.00 $ 41,076.00 9 REMOVAL OF STREET SECTION (approx. 5" .A.0 J 10,215 SF S 3.50 $35,752.50 $ 1.00 $ 10,215.00 $ 2.95 $ 30,134.25 $ 3.00 $ 30,645.00 10 REMOVE AND REPLACE EXISTING STREET SECTION (Dig Outs) 4,800 SF $ 11.50, $55,200.00 i$ 18.00 $ 86,400.00 $ 930 $ 44,640.00 $ 15.00 $ 72,000.00 11 EXCAVATION AND EXPORT OF SOIL AT MEDIANS 675 CY $ 40.00 $27,000.00 $ 49.00 $ 33,075.00 $ 40.00 $ 27,000.00 $ 30.00 $ 20,250.00 12 1-1;2"A.C. OVERLAY 1,150 Tons $ 15500 $178,250.00 $ 81.00 5 93,150.00 5 82.00 $ 94,300.00 $ 100.00 5 115,000.00 13 8"TYPE "B" MEDIAN CURB 2,724 LF $ 35.00 $95,340.00 $ 25.00 $ 68,100.00 $ 19.35 $ 52,709 40 $ 25,00 $ 68,100.00 14 1' WIDE MEDIAN CURB 967 LF $ 46.00 $44,482.00 $ 25.00 $ 24,175.00 $ 30.00 $ 29,01000 $ 30,00 $ 29,010.00 1 S A.C. BAC6FILL ADJACENT TO MEDIAN CURB 100 Tons $ 155.00 SI5,500,00 $ 200.00 $ 20,000.00 $ 160.00 $ 16,000.00 $ 200.00 $ 20,000 00 16 CRUSHED MISCELLANEOUS BASE 77 CY $ 100.00 $7,700.00 $ 210.00 $ 16,170.00 $ 60.00 $ 4,620.00 $ 50.00 $ 3,850.00 17 COLD MILL EXISTING PAVEMENT 82,500 SF $ 0.70 $57,750.00 $ 0.33 $ 27,225.00 $ 0.30 $ 24,750.00 $ 0.50 $ 41,250 00 18 LINE TRENCH AND RESURFACE FOR IRRIGATION 254 LF $ 34.50 $8,763.00 $ 100.00 $ 25,400.00 $ 67.00 $ 17,018.00 $ 60.00 $ 15,240.00 19 REPLACE TYPE 2 DETECTOR LOOP 60 EA $ 575.00 $34,500.00 $ 350.00 $ 21,000.00 $ 350.00 $ 21,000.00 $ 500.00 $ 30,000.00 20 CONCRETE PAVING w,�TOPSEEDED AGGREGATE 4,050 SF $ 10.50 $42,525.00 $ 10.00 $ 40,500.00 $ 12.25 $ 49,612.50 $ 12.00 $ 48,600.00 21 CONCRETE PAVING - std gray wt 2x2 grid 210 SF S 5.75 $1,207.50 $ 6.00 $ 1,260.00 $ 12.00 $ 2,520.00 $ 10,00 $ 2,100.00 12l7/2005 Spec #: 05-05 Page 1 of 4 CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME FIGURES CHECKED BY: HIGHLAND AVENUE MEDIANS PHASE 1 - Sth To 161h STREET IMPROVEMENTS Si'ECIFICATION NO 05-05 LI LE NO.: With PIA. Sheets 9285-D to 9339-D PROJECT NO. CDC CHECKLIST til(iNnl-I lltt: Kenneth Fernandez 11/23/05 ES 1900 SIGNA r IRE 19AC0plRAC roRS YES IL.G) SIGNATURI: YES !BID DATE: Tuesday, November 22, 2005 X ALL SIGNATURES ARE AFFIXED LICENSE YES -. _. TYPE&AMOUNT OF BOND BOND CHECK YES ES ADDENDUMS TO BE ACKNOWLEDGE AFFIDAVIT DISCI OSIIRI: ADDENDUMS N0 I,ICI::NSI: YES LICENSE YES 00 _.. .. .... BOND CHECK YES BOND CHOCK YES AFFIDAVIT AFFIDAVIT DISCLOSURE 'I DISCLOSURE ADDENDUMS NO ADDENDUMS NO .4 'PPAREN"I LOW BIDDER: Portillo Concrete, Inc. �( (LOW BID AMOUNT: $1,159,000.00 X (ENGINEERS ESTIMATE: S1,5I0,600.00 L Listed NO. in ascending bid amount order: Page 1 & 2 continued on Page 3 & 4, respectively. 1 2 3 ITEM CONCRETE MOW CURB - 6" wide QTY. UNIT ENGINEERS ESTIMATE Portillo Concrete, Inc. 3528 Harris SL 619-466-4639 Ileftler Company, Inc. 1800 McKinley Ave. Ste. A 619336.0800 3-D Enterprises 2180 Garnet Ave., Ste 2C 858-272-3191 UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL 22 ,----23 14 LF ' $ 14.00 $196.00 $ 30.00 $ 420.00 $ 25.00 $ 350.00 $ 10.00 $ 140.00 STEEL POST BOLLARD 10 EA $ 290,00 52,90000 $ 300.00 $ 3,000.00 $ 500.00 $ 5,000.00 $ 80000 $ 8,000.00 24 CLASS "A" TOP SOIL 610 CY $ 57.50 S35,075.00 $ 65.00 $ 39,650.00 $ 3773 $ 23,015.30 $ 30.00 $ 18,300.00 )5 ROOT BARRIER - Horizontal 46 EA $ 900.00 S41 400.00 $ 54.00 $ 2,484.00 $ 128.00 $ 5,888 00 $ 10.00 $ 460 00 26 ROOT BARRIER - Vertical 1,650 LF $ 11.00 S18,15000 $ 1300 $ 21,450.00 $ 9.66 $ 15,93900 $ 10.00 $ 16,500.00 2� 28 TREE-36"BOX 34 EA $ 1,100.00 537400.00 $ 1280 00 $ 43,520.00 $ 701.00 $ 23 834,00 S 700.00 $ 23 800.00 KING PALM - IS Fact Brevet Trunk Height 8 EA $ 4,000.00 $32,000.00 $ 2,700.00 $ 21,600.00 $ 2,800.00 $ 22,400.00 $ 2,000.00 $ 16,000.00 29 30 KING PALM - 24 Foci Brevet Trunk Height 4 EA $ 6,000 00 $24,000.00 $ 3,900.00 , $ 15,600.00 $ 3,500.00 $ 14,000.00 $ 2,500.00 $ 10,000 00 SHRUBS -S Gallon 412 E.A $ 40.00 $16,480.00 $ 3800+8 15,656.00 $ 18.27 $ 7,527.24 $ 2000 5 8,240.00 SHKUBS',IGROUNDCOVER- IGallon 4.355 EA $ 11.00 $47,905.00 $ 7.60 $ 33,098.00 $ 8.37 $ 38,628.85 $ 10.00 S 43,550.00 3� GROIJNDCOVER - Flats 1,700 SF $ 3.00 $5,100.00 $ 0.59 $ 1,003.00 $ 1.28 $ 2,176.00 $ 1.00 $ 1,70000 MULCH 51 CY $ 50.00 52,55000 $ 65.00 $ 3,315.00 S 5000 $ 2,550.00 $ 50.00 S 2,550.00 34 COMPLETE AUTOMATED IRRIGATION SYSTEM I LS $ 140,00000 $140000.00 $ 128,700.0C $ 128,700.00 $ 140,121.80 S 140,121.80 $ 100,000.00 $ 100,000.00 35 SOIL TESTING 1 LS -4 $ 1,500.00 $1,500.00 $ 1,100.00 $ 1,100.00 $ 1,000 00 S 1,000.00 $ 1,000.00 $ 1,000.00 36 MAINTENANCE (90 Days) 1 LS $ 5,000.00 $5,000.00 $ 11,000.00 $ 11,000.00 $ 5,000.00 S 5,000.00 $ 9,000.00 $ 9,000 00 32 ELECTRICAL LIGHTING SYSTEMS 1 LS $ 133,608 00 5133,608 00 S 106,000.00 $ 106,000.00 $ 105,405,00 $ 105,405.00 $ 110,000.00 $ 110,000.00 BASE BID TOTAL $ 1,510,56400 S 1,159,00000 $ 1,216,022.34 $ 1,283,361.00 -23.27% -19.50% -15.04% 12/7/20n5 Spec 05-05 °age 2 of 4 PROJECT NAME CITY OF NATIONAL CITY - BID SUMMARY FIGURES CHECKED BY: HIGHLAND AVENUE MEDIANS PHASE 1 - 8th To I6th STREET IMPROVEMENTS SPECIFICATION NO. 05-05 PROJECT NO. CDC Kenneth Fernandez 11123/05 1.1 L A 1 HI�: YI:S ti:tiNA llllir YID 'SII;N.\ILNI; YI IFILENO.: sVitli Plan Sheets 9285-D to 9339-0 sUeeOnrlL\cioxs'K ail o0 supeosix\erons's, 2300 ! suneonlawetoaR-v. 3480 a:acnnlaic'ronn'+:, . 44.00 BID DATE: Tuesday, November 22, 2005 ,LICENSE YES LICENSE ?ES IA PPA RENT LOW 1'ortillo Concrete, Inc. BOND CHECK YES 130NDCBECK LIONS!: YES LICENSE YES LOW BID AMOUNT: ST159.000.00 AFFIDAVIT YES A-.EID4VII BOND CHECKY YES BOND [IEEE YES IEM1GINEERS ESTIMATE: S1,5 LQ600.00 DISCLOSURE ... DISC OSURIi 41,'IDAVII AEEIUAVI'I ADDENDUMS NO Page 1 IA!IDE.N:5IJMS N0 DLSCI OSIJRE 01)01 4DUMS NO DISCLOSURE. A DDI9s 20.1S NO &2 continued on Page 3& 4 respectively. 4 5 6 7 NO. ITEM 7 QTY, UNIT Wier Construction Corp 2255 Barham Drive 760-743-6776 Daley 5370 Eastgate Mall 858-642-7500 Scheidel Contracting and Eng, Inc. 3025 Camino De Las Piedras 619-593-8704 Hazard Construction Company 6465 Marindustry Dr. 858-5873600 AVERAGE (7 CONTRACTORS) UNIT COST TOTAL UNIT COST I TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL 1 1 MOBILIZATION 1 LS $ 65,000.00 $ 65 000.00 $ 60,000.00 $ 60,000.00 S 28,500.00 $ 28,500.00 $ 150,000.00 $ 150,000.00 $ 83,642.86 $ 83,642.86 I 2 TRAFFIC STRIPING AND SIGNAGE 0 ncludi ng pai nt and protective cooling) 1 I LS S 35,723.00 S 35,72300 $ 34,500.00 $ 34,500.00 S 38,000.00 $ 38000.00 $ 30,00000 $ 30,000.00 $ 31,989.00 $ 31,989.00 r TRAFFIC CONTROL 1 LS $ 55,600.00 $ 53,600.00 $ 255,000.00 $ 255 000.00 $ 61,500.00 $ 61,500.00 $ 229,000 001 $ 229,000.00 $ 143,014.29 $ 143 014.29 iI 4 POLLUTION CONTROL MEASURES 1 3 LS $ 6,950.00 $ 6,950.00 S 48,500.00 $ 48,500.00 $ 10,000.00 S 10,000.00 $ 46,00000 $ 46000.00 $ 20,778.57 $ 20,778.57 5 CLEARING AND GRUBBING 1 LS $ 16,680 00 $ 16.680 00 $ 45,000.00 S 45.000.00 $ 50,000.00 $ 50 000.00 $ 3,200 00 $ 3,200.00 S 29,26857 $ 29,268.57 i 6 IRRIGATION SERVICES I LS $ 2,780 00 $ 2,780.00 $ 10,500 00 $ 10,500.00 $ 75,000.00 $ 75 000 00 $ 650.00 $ 650.00 $ 21,087.86 $ 21,087.86 '.. ADJUST 'MANHOLE TO GRADE___.___ .I_. _ 7 7 EA $ 1,39000 $ 9,730.00 $ 475.00 $ 3,325.00 $ 1,000.00 $ 7,000.00 $ 750.00' S 5,250.00 $ 787.86 $ 5,515.00 8 REMOVAL OF STREET SECTION (approx_S"PCC) , 6,846 SF $ 677 . $ 46'42.63 , $ 800 . $ 54,768.00 ; $ 4.5 15 $ 28,410_90 $ 5001 S 34,23000 $ 5.27 $ 36,107.08 REMOVAL OF STREET SECTION (approx. 5"AC) 10,213 SF $ 2.20 $ 22,434. 18 $ 3.50 $ 35,752.50 $ 3.12 $ 31,870.80 S 1.001 $ 10,215.00 $ 2.40 $ 24,466.68 REMOVE AND REPLACE 10 _ EXISTING STREET SECTION (Die Outs) 4,809 SF $ 1334 $ 64,051.20 $ 24.50 $ 117,600.00 $ 6.00 $ 28 800.00 $ 35.00 $ 168,000.00 $ 17.31 S 83,070.17 11 EXCAVATION AND EXPORT OF SOIL. 675 CY $ 50.04 1- S 33,777.00 $ 43.00 t- $ 29,025.00 6 100.00 $ 67,500.00 8 10400 $ 70,200.00 S 59.43 $ 40,118.14 r 12 I-12" A . OVERLAY "B" { j 1,150 Tons $ 124.72 $ 143,43341 $ 112.00 $ 128,800.00 S 150.00 $ 172,500.00 $ 11800 $ 135,700.00 $ 109.67 $ 126,126.20 1 13 8" TYPE MEDIAN CURB I 2724 LF $ 31.97 1 $ 87,086.28 $ 2200 $ 59,928.00 $ 25.00 $ 68,10000 $ 17.00 $ 46,308.00 $ 23.62 $ 64,333.10 1 ^-. 1' WIDE MEDIAN CURB 967 LF $ 33.36 $ 32,259.12 $ 33.00 $ 31,911.00 $ 30.00 S 29,010 00 $ 28.00 $ 27,076.00 $ 29.91 -1 $ 28,921.59 15 A.C. BACKFILL ADJACENT TO MEDIAN CURB ICO Tuns $ 255.48 $ 25,548.20 S 240.00 S 24 000.00 $ 190.00 $ 19,000.00 $ 85.00 $ 8,500.00 $ 190.07 $ 19 006.89 16 CRUSHED MISCELLANEOUS BASE 77 CY $ 97.30 $ 7,49210 5 250. 00 $ 19,25000 $ 75.00 $ 5,775.00 $ 206.00 $ 15,862.00 $ 135.47 $ 10,431.30 7 • COLD MILL EXISTING PAVEMENT ! 82,500 I SF L $ 0.37 $ 30,274.201 $ 0.39 $ 32,175.00 $ 0.66 5 54,450.00 $ 0.30 8 24,750.00 $ 0.41 $ 33,553.46 18 TRENCH AND RESURFACE FOR IRRIGATION LINE I 254 LF $ 6.95 $ 1,765.30! $ 85.00 -'-- $ 21,590.00 $ 110.00 $ 27,940.00 $ 30.00 S 7,620.00 $ 6556 $ 16,653.33 _ 19 REPLACE TYPE 2 DETECTOR LOOP 60 EA $ 430.90 $ 25,854.001 $ 385.00 $ 23,100.00 $ 60000 $ 36,000.00 S 320.00 S 19,200.00 $ 41941 $ 25,164.86 20 _ CONCRETE PAVING wi TOPSEEDED AGGREGATE 4,050 SF $ 27.80 6 112,59000 $ 1700 $ 68,850.00 $ 1300 $ 52,650.001 S 2600 $ 105,300.00 $ 1686 $ 68,300.36 21 CONCRETE PAVING - std gray w/ 2x2 grid 210 SF $ 9.73 $ 2.043.30 $ 35.50 $ 7,455.00 S 20.00 $ 4,200.00 $ 1100 $ 2,310.00 S 14.89 8 3,126.90 •n JJonnc Spec #: 05-05 Page 3 of 4 PROJECT NAME CITY OF NATIONAL CITY - BID SUMMARY FIGURES CHECKED BY: HIGHLAND AVENUE MEDIANS PHASE 1 - Srh To 16th STREET IMPROVEMENTS SPECIFICATION NO 05-05 PROJECT NO. CDC ti GN.n1'I1RE Yr, TII E NO.: With Plan Sheets 92S5 D to 9339-D sueco; rw\croas' 40.0 IB DDATE T d N h ') 2005 IB'1.0.3. YES Isle Nn nl'ah SVaCO�TRACI UR I.I0,N3F Kenneth Fernandez 11/23/05 YI:S :;an YI'S SIGN;: EIRE YES MONANa1, SVIIC'U,�fR.\CTORS 30.30 SVI0cm:11,0E000 ', I.ICENSI: YIDS LICENSE YES YES '., APPA RENT LOW BIDDER: Porlill a Concrete, Inc. BONIi CI II:CK.-. YES Int)NI)CIIFCK,.. YES AFFIDAVIT IAFFIDAVI'1' D.SCI"OSIIRF DISCLOSURE !'1')DFNDII,u1.5 NO IADDENDUMS NO POND CI HICK YI.S AFFIDAVII D:SCLUSIIR9 ADDENDUM$ NO BOND CHECK YES AFFIDAVIT DISCLOSURE. ADDI:NUUMS NO LOW BID EN GINEERS AMOUNT: $I,159,000.00 ESTIMATE'. $1,510,600.00 I 1& 2 continued ors Page 3& 4, respectively. 4 5 6 7 rPage NO. ITEM ?- QTY. UNIT Wier Construction Corp 2255 Barham -Drive 760-743-6776 Daley 5370 Eastgate Mall 858-642.7500 Scheidei Contracting and Eng, Inc. 3025 Camino De Las Piedras 619-593-8704 Hazard Construction Company 6465 Marindustry Dr. AVERAGE (7 CONTRACTORS) 858.587.3600 UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL 22 CONCRETE MOW CURB -6"wide 14 LF $ 20.85 $ 291.90 $ 100.00 S 1,400.00 $ 100.00 $ 1,400.00 $ 32.00 $ 44800 $ 45.41 $ 635.70 73 STEEL POST BOLLARD 10 EA $ 1 320.50 $ 13,205 00 $ 285.00 $ 2,850 00 $ 500.00 $ 5,000.00 $ 740.00 $ 7,400 00 $ 635.07 $ 6,350.71 24 CLASS "A" TOP SOIL 610 CY 5 59.08 $ 36,035 75 $ 48.00 $ 29,280.00 $ 75,00 $ 45,750 00 $ 45.00 $ 27,450.00 $ 51.40 $ 31,354.44 25 ROOT BP.RRIER- Horizontal 46 EA $ 52.82 S 2,429.72 $ 42.00 $ 1,932.00 $ 300.00 $ 13800.00 $ 7900 $ 3,634.00 $ 95.12 $ 4,375.39 26 ROOT BARRIER -Vertical 1,650 , LF $ 7.92 $ 13072.95 $ 6.20 $ 10,230.00 5 15.00 $ 24,750.00 $ 2200 $ 36,30000 $ 11.97 $ 19,748.85 27 TREE - 35" BOX 34 - 8 EA $ 764.50 E 25,993 00 $ 600.00 $ 20,400.00 $ 1,500 00 5 51,000.00 $ 784.00 5 26,656.00 5 904.21 $ 30,743.29 28 RING PALM - 18 Foot Brown Trunk Height EA $ 4,934.50 T $ 39,476.00 $ 3,850.00 $ 30,800.00 $ 5,000.00 $ 40,000.00 $ 3,136.00 5 25,088.00 $ 3,488.64 $ 27,909.14 79 KING PALM - 24 Foot Brown Trunk Height 4 EA $ 6,394 00 $ 25,576.00 S 5,000 00 $ 20,000.00 $ 8,000.00 $ 32,000.00 $ 4,171.00 $ 16,684 00 $ 4,780.71 $ 19,122.86 D 91 SHRUBS - 5 Gallon 412 1 EA $ 20.85 $ 8,590.20 $ 16.50 $ 4.00 $ 6,798 00 $ 30.00 S 12,360.00 $ 29.00 $ 11,948.00 $ 24.66 $ 10,159.92 SHRUBS'GROUIJDCOVER - 1 Gallon 4,355 EA S 5.OD $ 21, 792.42 $ 17 42000 $ 20.00 S 87,100 00 $ 7.00 $ 30,485.00 $ 8.92 $ 38,867.75 32 GROUNDCOVER - Flan 1 1,700 1 SF $ 0.49 S 827.05 $ 0.40 $ 680.00 $ 10.00 $ 17000.00 $ 0.40 $ 680.00 S 2.02 $ 3,438.01 33 MULCH 51 I CY S 127.88 $ 6,521.881 $ 100.00 $ 5,100.00 $ 150.00 $ 7,650.00 $ 59.00 $ 3,009.00 S 85.98 5 4,385.13 34 COMPLETE AUTOMATED IRRIGATION SYSTEM I 1 LS $ 175,872.53 $ 175,872.53 $ 139,000.00 $ 139,000.00 $ 148,000.00 $ 148,000.00 $ 97,000.00 $ 97,000.00 $ 132,670.62 '- S 132,67062 5 SOIL TESl1NG 1 IS $ 347.50 $ 347.50 $ 280.00 $ 280.00 $ 2,500.00 $ 2,500.00 $ 500.00 $ 500.00 $ 961.07 $ 961.07 3 MAINTENANCE (90 Days) 1 ' LS $ 5,184.70 $ 5,184.70 5 5,500.00 $ 5,500.00 $ 24,000.00 $ 24,000.00 $ 12,000.00 $ 12,000.00 $ 10,240.67 $ 10,240.67 37 ELECTRICAL LIGHTING SYSTEMS I j LS $ I70,000 00 $ 170,000.00 $ 90,000.00 $ 90,000.00 $ 124,000.00 $ 124,000.00 $ 100,000_00 $ 100,000.00 $ 115,057,86 $ 115,057.86 S 1,372,63077 $ 1,492,69950 $ 1,532,516.70 $ 1,538,653.00 $ 1,370,69758 L- -9,13% -1. 18% 1.45% 1.86% -9 26% 12/7/2005 Spec /: 05-05 page 4 of 4 BID OPENING SPECIFICATION NUMBER: 05-5 PROJECT TITLE: HIGHLAND AVENUE MEDIANS PHASE I - 8TH TO 16TH STREET IMPROVEMENTS OPENING DATE: TUESDAY, NOVEMBER 22, 2005 TIME: 3:00 P.M. ESTIMATE: $1,510,600.00 PROJECT ENGINEER: ALBERTO GRIEGO NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY (PAGE 18)-CHECK PAGE 19) -BOND) 1. Portillo Concrete, Inc. 3528 Harris Street Lemon Grove, CA 91945 $1,159,000.00 N/A 2. Heffler Company, Inc. 1800 McKinley Avenue $1,216,022.34 N/A National City, CA 91950 3. 3-D Enterprises 2180 Garnett #2C San Diego, CA 92109 $1,283,361.00 N/A 4. Weir Construction Corp. 2255 Barham Drive Escondido, CA 92029 $1,372,630.77 N/A 5. Daley Construction 5370 Eastgate Mall San Diego, CA 92121 $1,492,699.50 N/A 6. Scheidel Contracting & Engineering P.O. Box 1796 La Mesa, CA 91944 $1,532,516.70 N/A 7. Hazard Construction Company P.O. Box 22900 San Diego, CA 92192 $1,538,653.00 N/A bid05-5 s City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 February 23, 2006 Mr. Mario Portillo Digital Networks Group Inc 3528 Harris Street Lemon Grove CA 91945 Dear Mr. Portillo, On December 20, 2005, Resolution No. 2005-268 was passed and adopted by the City Council of the City of National City, awarding a contract in the amount of $1,159,000 to Portillo Concrete, Inc., for the Highland Avenue Medians, Phase I Project. We are forwarding a certified copy of the above Resolution and one fully executed original agreement. Sincerely, Michael R. Dalla City Clerk Enclosure cc: Engineering File No. C2005-70 ® Recycled Paper City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 January 4, 2006 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: HIGHLAND AVENUE MEDIANS, PHASE I 8TH STREET TO 16TH STREET IMPROVEMENTS PROJECT ENGINEERING SPECS. NO. 0505 AWARDING RESO. 2005- 268 DATE:12/20/05 CONTRACTOR: PORTILLO CONCRETE, INC. ****************************************************************************** TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 1_ Copies of Contract Agreement 2. a 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 ****************************************************************************** * 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. 6 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. _l Original copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. ******************************************************************************** Approved by: Stephen M. Ijirl Patrick City Enginee Review ® Recycled Paper