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HomeMy WebLinkAbout2005 CON Portillo Concrete - Miscellaneous Concrete Various Locations 05-04CONTRACT MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 05-04. THIS CONTRACT, made and entered into this 6th 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: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 05-04. 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 maybe. 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. 05-04. 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. 05-04. 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: Title: Federal ID. No. By: Karlo ci> k tR O / PreS 1de nt Tina. Por4 lto ( S.re reiba-f 33 - O`Tc13� Title: Mayor, City of National City ATTEST: By: -217 Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) -26- 9-16-03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � 1)•Ti tat twol 1/%41 %.•tt .L-,:tts,ACeALO �5,. a 4,,to sa Gc�theo tew4,wv'�c:..'A�S:�e� 415,. .s:41,, State of California County of SO h i)/e a before me749 S on dCI r) ZO, 20 2b Date personally appeared / clY /O /7A a rh/l e? olory7",..' c lame and Title of timer er e. , 'Jane Doe,Not Public") rl'iw /?// N e(s) of Signer(s) personally known to me ❑ 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. S my h Signature of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Li Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee • Guardian or Conservator ❑ Other: RIGHT TH OF S G PRINT R Top of thumb here Signer Is Representing: �3�X"�X�x`✓a"v��fal—P a`-�aa`y"C-erC��`"a'`� 0.� an'"en ��v� �°'+�a' a c/a�.� X�.'y �'+ n7C.94 0.4 • © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-87e-6827 7. CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 05-04. CORPORATE CERTIFICATE I, Ti n_ for& it 0 certify that I am the Secretaa of the Corporation named as Contractor in the foregoing Contract; that ha-e O c�-* 11 who signed said contract on behalf of the Contractor, was then Preside lA t 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, T -' . P6rt5 o certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Tina- Portil` 0 who signed said contract on behalf of the Contractor, was then rs of said Corporation; that said contract ly sign r 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. 05-04. PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) ) ss On this day of , 2006, 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 Fron'; Kathy Scheuerman At: Rancho MP-- Insurance FaxID: (619)-937-0168 To: Attn: Rona Date: 1/19/U6 02:09 PM Page: 1 of 3 PRDAGORD CERTIFICATE OF LIABILITY INSURANCE Rancho Mesa Insurance Agency 1810 Gillespie Way, Suite 108 El Cajon CA 92020 Phone:619-937-0164 Fax:619-937-0168 INSURED Portillo Concrete Inc. 3Le28 emonCA Harris Z91945 COVERAGES OP ID EC 81 DATE (MeWDD/YVW) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION / 0 6 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS ND OR ALTER THE COVERAGE CERTIFICATE FORDED BY THE POUCIES BELOW, INSURERS AFFORDING COVERAGE INSURER A: INSURERS! Landmark American Ins Co Redwood rice & Casualty ' INSURER C: RSUI Indemnity Company INSURER D; I INSURER E: Stet. COmpeeeetiva In.. ,,md NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMNS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R VIDWUyy TR MNSfl� TYPE OF INSURANCE L GENERAL LIABLLITY A I X X I COMMERCIAL GENERAL LIABILITY I LRA128498 [ II I CLAIMS MADE I X ` OCCUR I II I I1 GEN'L AGGREGATE UNIT APPLIES PER; I II POLICY ,X '' JECaI' fl LOC I I I AUTOMOBILE LIABILITY B ! I X ANY AUTO I j I ALL OWNED AUTOS I II I SCHEDULED AUTOS X 1 HIRED AUTOS Ij X I NON -OWNED AUTOS II I GARAGE LIABILITY IANY AUTO f I I EXCI BILR'ESSIUMBRELLA LWY POLICY NUMBER ICAA000306 ;X OCCUR cuumsMAOE I Nl3A214672 1 DEDUCTIBLE f i RETENTION $ IWORKERS COMPENSATION AND EMPLOYERS' LIABILITY czar resume nr swam ram I POLICY EFFECTIVE !POLICY EXPIRATION' . DATE (MNVDD/YY) I DATE (MM/DD/YY) LIMITS EACH OCCURRENCE 1 $1, 000, 000 07/29/05I 07/29/06IPgEMlslc4at Fence) Is50,000 IMED EXP (Any one person) I S 5, 000 PERSONAL&ADVINJURY I$1,000,000 lI I GENERAL AGGREGATE I $ 2, 000, 000 PRODUCTS -COMP/DPAGG I $ 2, 000, 000 05/29/05 07/29/05I i I I E.L. DISEASE - POLICY LIMIT i $ H /PHYSICAL DAMAGE I I 05/29/06I COMP CAA000306 05/29/05I I i DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS I COLL RE: MISC. CONCRETE IMPROVEM),NTS a VARIOUS LOCATIONS SPEC NO. 05-04 PCI 805-49 CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES AND AGENTS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2010 ATTACHED *10 days for non payment of premiumx DI ANY PROPRIETOR:PARTNER:EXECUTIVE OFFICER/MEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below 1 OTHER I COMBINED SINGLE LIMIT 05/29/06 (Eaacddenl BODILY INJURY (Per person) I$1,000,000 is BODILY INJURY I I (Per accident) II $ IPROPERTY DAMAGE I(Per araderd) . $ AUTO ONLY - EA ACCIDENT I $ i OTHER THAN EA ACC I $ I AUTO ONLY: IEACH OCCURRENCE 07/29/06 I AGGREGATE AGGI$ $1,000,000 $1,000,000 I$ • I$ IS I WLSIAIU- I 1U IH-I :TORY LIMITS j ER 10/21/05) 10/21/06 IE.L.EACH ACCIDENT I. EL DISEASE- EA EMPLOYEE $ $S00 DED $500 DED CERTIFICATE HOLDER NATIONA CITY OF NATIONAL CITY 1234 NATIONAL CITY BLVD. NATIONAL CITY CA 91950-4397 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AU WI - NTATIVE ACORD 25 (2001/08) ®ACORD CORPORATION 1988 From: Kathy Scheuerman At: Rancho MP-- Insurance FaxID: (619)-937-0168 To: Attn: Rona Date: 1/19/06 02:09 PM Page: 2 of 3 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: 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 win be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO 15 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 shalt be primary as respects your negligence and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but onty with respect to coverage provided by this policy. This endorsement effective 07/29/05 forms part of Policy Number LHA128498 issued to Portillo Concrete Inc. by RSG 15001 0903 (CC; 2010 11135) SCHEDULE Endorsement No.; includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission From: Kathy Scheuerman At: Rancho Mesa Insurance FaxID: (619)-937-0168 To: Attn: Rona Date: 1/19/06 02:09 PM Page: 3 of 3 CERTHOLDER COPY STATE P.O. EiOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-19-2008 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 GROUP: 000046 POLICY NUMBER: 0014B41-2005 CERTIFICATED: 255 CERTIFICATE EXPIRES: 10-21-2005 10-21-2005/10-21-2005 SD JOB:MISC. CONCRETE IMPROVEMENTS @ VARIOUS LOCATIONS SPEC NO. 05-04 PCI #05-49 This is to certify that we have issued a valid Workers' 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 upon30 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. THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - MARIO PORTILLO PRESIDENT CEO - EXCLUDED. ENDORSEMENT #1800 - TINA PORTILLO CFO SECRETARY - EXCLUDED. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-21-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PORTILLO CONCRETE, INC 3528 HARRIS ST LEMON GROVE CA 91945 SD SD !REV.2•n5) [810, SD] PRINTED : 01-19-2008 BOND PREMIUM BASED ON FINAL CONTRACT PRICE BOND NO. SU 5019267 PREMIUM $ J. , 81 f . OO PERFOLtMANCE BOND MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 05-04. KNOW ALL MEN I3Y '111ESE PRESENTS: That WIIEREA.S, the City Council of the City of National City, by Resolution No. 2005-ZM , passed the: 6th December12(lO5 has awarded to j'.�►rtiJlo Concrete. Inc., hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIEICATION O.05-04, WHEREAS, said Principal is required under the terms of' said contract to famish 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 City, hereinafter called the "Council", in the penal surn of One Hundred Twenty Thousand Seven Hundred Twenty Five Dollars, ($120,725.00), 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 hairs, 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 fltll 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 hond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the tennis of the contract or to the work or to the specifications. _29- PERFORMANCE BOND (CONTINUED) MISCELLANTiOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS ,SPECIFICATION NO.05-.04. 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 attcorney's fcc to be fixed by the Court, TV WITTN kSS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes he deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 19T1 day of _ JANUARY , 2006. ARCII INSURANCE COMPANY (SEAL) PORTILLO CONCRETE, INC. -(SEAL) (SEAL,) (SEAL) (SEAL) (SEAL) MICNAKI. C. NA1LI. ATTORNEY 1 N r/�CT urety MARZO PORTILLO, PRESIDENT Principal APPROVED AS TO FORM George H. Eiser, III City Attorney -30- CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN 1 9 2006 before me, Natalie Burkhart//Notary Public NAME, TITLE OF OFFICER personally appeared Michael G. Hall NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within NATALIEBURKHART instrument and acknowledged to me that he/she/they COMM. #1482013 m Notary o aPublios�ouNmv y executed the same in his/her/their authorized capacity(ies), My Comm. Exp. Jan 11,2008 f and that by his/her/their signature(s) on the instrument the 17 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. u(--)(tee�- (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 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, RG. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) its true and lawful Attomey(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." ftia, 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 their authorized officers, this 12th day of April 2005 . Arch Insurance Company Attested and Certified Mary Jea rson, = President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS aime *.'iekt.t2 Edward M. Titus, Vice President I, Kate Marclnkus, 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. ► &THLEEN MMATRCI�NKt�Notary Pubic City of My Commission Philadelphia, February Courtly bray 23, 2006 CERTIFICATION Kathleen Marcinkus, N r " 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 Attorney 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 Attomey as Vice President, was on the date of execution of the attached Power of Attorney the duty elected Vice President of the Arch insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and Company on this day of , 20 9 2006 Mary J . . - • , Vice President 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 2of2 Printed in U.S.A. PERFORMANCE BOND (CONTINUED) MISCEIJ.ANEOUS CONCRETE IMPROVEMENTS AT VARIOUS I,OCAT'IONS SPECIFICA'I ION N NO, , 0S-04, ATI'ORNEY-IN-FACT ACKNOWLEDGEMENT OF SUETY S I'ATls Ob' COUNTY OF ) ss On this day of , 2006, before me, the undersigned, a Notary Public in and for Maid County and State, personally appeared known to me to he 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 toe 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 ('Typo or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: (Gorge 11_ Eiser, III City Attorney 31- BOND NO. SU 5019267 PREMIUM INCLUDED IN PERFORMANCE BOND IS BASED ON FINAL CONTRACT PRICE AND SUBJECT TO AUDIT PAYMENT BONI) M1SCI:1.1.AN1iOUS CONCRETE 'IMPROVEMENTS AT VACUOUS 1.00A1'IONS SPECIFICATION NO. 05-04. KNOW ALL MEN 13Y THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 7.005- , passed the 6`h of December, 2005 has awarded to PnrtitIu Coneretc, Inc., hereinafter designated as the "Principal", the MISCELLANEOCJS CONCRETE 1MPROVEMENTS,.,,_„LT VARIOUS LOCATIONS SPECIFICATION NO. 05-04. WIIEREAS, 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 band in connection with said contract; NOW,1'H1ibtlsVOR1's, we, the Principal and _NCH INSARAHCR.. ., ......... as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called thu "Council", in the penal sum of One Hundred Twenty 'Thousand Scvcn Hundred Twenty rive Dollars. (S120,725.00), 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. '1"Illi 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 foe, to he fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Corte, so as to give a right of action to such persons or their assigris in any Suit brought upon this bond. - 32 - PAYMENT BOND (CONTINUED) MISCELLAN OUS cp.nrc,Rm IMPROVEMENT'S AT VARIOUS LOCATIONS SPECIFICATION NO. 05-04, 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, altcration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of irnprnvemcnnt 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 o f 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 ?riven, by reason of any breach of contract between the owner of Public Entity and anginal contractor or on the pan 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 Cime, addition, alteration or modification herein mentioned. IN WrrNESS WHEREOF three identical counterparts of this instrument, each of which shall far all puzposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _ant day of JA IUARY _, 200G. ARCH INSURANCE COItP (SEAL,) jORt L•LQ MJCHAN.L C. HALL, ATTORNEY IN FACTety (SEAL) _MARIO PORTILLO, (SEAL) (SEAL) PRESIDENT Principal PPROVED AS TO FORM 4,e'v George H. Eiser, ill City Attorney • 3 3 - CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN 19 2110E before me, Natalie Burkhart//Notary Public NAME, TITLE OF OFFICER personally appeared Michael G. Hall NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within COMM.Il1462013 .� PIAT BU E instrument and acknowledged to me that he/she/they 2013 m NotaryPuWic-Calitoma y executed the same in his/her/their authorized capacity(ies), LOS ANGELES COUNTY a My Comm. Exp. Jan 11,2008 and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE 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 NUMBER OF PAGES ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company DATE OF DOCUMENT 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 Attomey(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 hail beer('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 attomeys-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' * 4A1: This Power of Attorney 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 their authorized officers, this 12th day of April , 2005 . Attested and Certified Arch Insurance Company agettse .47ekese2 Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 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. CERTIFICATION KATHLEENOTARIAL N, SEAL My , Notary Pubic CilY at Phispelitris. Ma. County C°"n�ssio" ExpkerFebruey 2006 Kathleen Marcinkus. N Publics 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 Attorney dated April 12, 2005 on behalf of the person(s) as fisted 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 subsaibed my name and Company on this day of , 20 Arch insurance JAN 1 ,9 2006 This Power of Attorney limits the acts of those named therein to the and they have no authority to bind the Company except in the manner PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 00ML0013 00 03 03 Page 2 of 2 Mary J = arson, Vice President bonds and ndertakings specifically named therein and to the extent herein stated. TO THE FOLLOWING ADDRESS: Printed in U.S.A. PAYMENT BOND (CONTINUED) M}SCF.I..LANEOIJS CONCRETE. TMPROV}KM F N1'S A't' VMuouS LOCATIONS SPECIFICATION NO. 05-Q4. ATTORNEY-IN-FAC'1' ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF )ss On this day - of , 2006, 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 instnirnent as ttic 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. Signature: NOM: The Attorney -in -fact must attach a Tame (Typo or Print): certified copy of the Power of Attorney. (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George 'H'.'Riser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 AGENDA ITEM NO. 4 ()TEM TITLE Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc., in the amount of $120,725 for Miscellaneous Concrete Improvements including Curbs, Gutters, Sidewalks, and Pedestrian Ramps at various locations — This project is funded with a Community Development Block Grant and Gas Tax. PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXT. 4387 EXPLANATION See attached explanation Environmental Review t1 N/A MIS Approval Financial Statement The total estimated amount for the work is $147,225. Finance rector The funds are available in Account Nos. 109-409-500-598-6134 ($50,000), and 301-409-500-598-61 7 ($100,000). Account No. Approved By: STAFF RECOMMENDATION Adopt the Resolution. i BOARD / COMMIS ISBN RECOMMENDATION N/A C2-01 S-SS ATTACHMENTS ( Listed Below Resolution No. c,. 'S7 I. Resolution 2. Bib Opening Information Sheet 3. Bid Proposal Spreadsheet for the three lowest bidders A-200 (Rev. 7/03) Re: Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc., in the amount of $120,725 for Miscellaneous Concrete Improvements including Curbs, Gutters, Sidewalks, and Pedestrian Ramps at various locations — This project is funded with a Community Development Block Grant and Gas Tax. The project involves the removal and replacement of the existing curb and gutter, and installation of new curb and gutter (560-LF), sidewalk (2700-SF), and installation of new concrete sidewalks (3850-SF), and pedestrian ramps (25-EA), including minor pavement repairs, at various locations in National City. The project was advertised on the local and regional newspapers. On November 9, 2005, four 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 $147,225. This amount includes the proposed lowest bid amount ($120,725), approximately 5% ($6,000) for surveying, approximately 7% ($8,500) for inspection, and approximately 10%($12,000) for contingencies. The Bid Opening Information Sheet and the cost proposals for the three low bidders are attached for further review. A biography of Portillo Concrete, Inc., is attached. RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC., IN THE AMOUNT OF $120,725 FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS WITHIN NATIONAL CITY USING COMMUNITY DEVELOPMENT BLOCK GRANT AND GAS TAX WHEREAS, the Engineering Department of the City of National City did, in open session on November 9, 2005, publicly open, examine and declare four sealed bids for miscellaneous concrete improvements, including curbs, gutters, sidewalks and pedestrian ramps at various locations within National City; and WHEREAS, this project will be funded by a Community Development Block Grant and gas tax. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements at various locations within National City 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 within National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 05-04 PROJECT TITLE: MISC. CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS OPENING DATE: WEDNESDAY, NOVEMBER 9, 2005 TIME: 3:OOPM ESTIMATE: $ 113,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME AND ADDRESS BID AMOUNT (PAGE 14) ADDENDA (PAGE 12) BID SECURITY (PAGE 17-CHECK (PAGE 18-BOND) 1. PORTILLO CONCRETE, INC 3528 HARRIS STREET LEMON GROVE, CA 91945 $120,725.00 X X 2. KOCH ARMSTRONG GEN. ENG., INC. P.O. BOX 1190 LAKESIDE, CA 92040 $137,100.00 X X 3. TRI-GROUP CONSTRUCTION AND DEVELOPMENT 13943 POWAY RD "B" POWAY, CA 92064 $181,805.00 X X 4. PALM ENGINEERING CONSTRUCTION CO., INC. 3770 HANCOCK STREET STE. H SAN DIEGO, CA 92110 $196,450.00 X X 5. 6. Misc. Concrete Improvements at various locations in National City Spec. No. 05-04 Item Description City Of National City 1243 National City Boulevard, National City, CA91950 rete, Inc Koch Armstron Tri-Group Construction Progress Est. No. 11/10/05 1 1 LS Clearing and Grubbing including Storm $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 Water Pollution Prevention 2 2700 SF Concrete Sidewalk Removal and Replace- $ 7.00 $ 18,900.00 $ 8.00 $ 21,600.00 $ 9.50 $ 25,650.00 ment Per G-7 3 2 EA Installation of Pedestrian Ramp Per G-28, $ 1,500.00 $ 3,000.00 $ 1,800.00 $ 3,600.00 $ 2,800.00 $ 5,600.00 Type A-1 (Modified) 4 16 EA installation of Pedestrian Ramp Per G-29, $ 1,500.00 $ 24,000.00 $ 1,800.00 $ 28,800.00 $ 2,600.00 $ 41,600.00 (Modified) 5 7 EA Installation of Pedestrian Ramp Per G-31, $ 1,500.00 $ 10,500.00 $ 1,700.00 $ 11,900.00 $ 2,300.00 $ 16,100.00 (Modified) with curb wall on PL. 6 550 LF New 6" or 8" Type "G" Curb and Gutter $ 30.00 $ 16,500.00 $ 33.00 $ 18,150.00 $ 39.00 $ 21,450.00 Per G-2 7 10 LF 6" or 8" Type "G" Curb and Gutter $ 50.00 $ 500.00 $ 50.00 $ 500.00 $ 48.00 $ 480.00 Removal and Replacement Per G-2 8 45 TN Variable Thickness A.C. $ 175.00 $ 7,875.00 $ 140.00 $ 6,300.00 $ 200.00 $ 9,000.00 9 1 LS Traffic Control $ 3,000.00 $ 3,000.00 $ 11,400.00 $ 11,400.00 $ 8,000.00 $ 8,000.00 10 3850 SF Installation of New Sidewalk Per G-7 $ 7.00 $ 26,950.00 $ 7.50 $ 28,875.00 $ 8.50 $ 32,725.00 11 20 TN Crushed Miscellaneous Base $ 100.00 $ 2,000.00 $ 110.00 $ 2,200.00 $ 280.00 $ 5,600.00 12 50 SF Remove & Replace Driveway Per G-14 AIB $ 50.00 $ 2,500.00 $ 15.50 $ 775.00 $ 12.00 $ 600.00 Total $ 120,725.00 $ 137,100.00 $ 181,805.00 Pre pared b y: Nov 02 04 02:31p Poreo Concrete 161814116 - 4685 p.2 PORTILLO CONCRETE, INC. State Lic. No.1/680144 (AB/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 Portillo 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 Portillo 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 network 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, Mario Portillo, President RESOLUTION 2005 — 251 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC., IN THE AMOUNT OF $120,725 FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS WITHIN NATIONAL CITY USING COMMUNITY DEVELOPMENT BLOCK GRANT AND GAS TAX WHEREAS, the Engineering Department of the City of National City did, in open session on November 9, 2005, publicly open, examine and declare four sealed bids for miscellaneous concrete improvements, including curbs, gutters, sidewalks and pedestrian ramps at various locations within National City; and WHEREAS, this project will be funded by a Community Development Block Grant and gas tax. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements at various locations within National City 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 within National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2005. Nick ATTEST: Mic aei R. D City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 6, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of ional City, California A City Jerk oft Ci /.f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-251 of the City of National City, California, passed and adopted by the Council of said City on December 6, 2005. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4226 February 23, 2006 Mr. Mario Portillo Digital Networks Group Inc 3528 Harris Street Lemon Grove CA 91945 Dear Mr. Portillo, On December 6, 2005, Resolution No. 2005-251 was passed and adopted by the City Council of the City of National City, awarding a contract in the amount of $120,725 to Portillo Concrete, Inc., for Miscellaneouw Concrete Improvements at various locations in National. We are forwarding a certified copy of the above Resolution and one fully executed original agreement. Sincerely, 1 A Michael R."Dalla City Clerk Enclosure cc: Engineering File No. C2005-55 ® 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 31, 2006 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT:MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS ENGINEERING SPECS. NO. 05-4 AWARDING RESO. 2005-251 DATE: 12/6/05 CONTRACTOR: PORTILLO CONCRETE, INC. ****************************************************************************** TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3. Copies of Contract Agreement 2. _a_ Copies of Performance Bond 3. a 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 (1�) ******************************************************************************** TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. Completed ( ) ********************************************************************* ********** TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. _1 Original copy to your file. 2. 1 Original copy to the contractor 3. _1 Original copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. Submitted by: .Din Daneshfar Associate Civil Engineer Approved by: Stephen M. 4' kpatrick City Engineer Review ® Recycled Paper