Loading...
HomeMy WebLinkAbout2007 CON Portillo Concrete - Streetscape and Fountain PlazaCONTRACT NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01.. THIS CONTRACT made and entered into this 9th day of January, 2007 by and between the City of National City, California, herein after designated as the "City", and Portillo Concrete, Inc. hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. 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, CONTRACT (CONTINUED) NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. 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 American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. CONTRACT (CONTINUED) NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. 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. CITY: ttateo Pork-A.A.o Title: staesAC— By: Title: a %Ova 45, Sea e-t r J Federal ID. No. 33 - eq. -o a\ 39 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 14001 personally appeared before me, a Louise_ EDit✓ 0 W / FbI! c , (� Name and Title of Officer (e.g., "Jane Doe, Not PPublic") fario (f'b( r Il]o ,/1Gi nc� (-bill An Name(s) of Signer(s) RONA LOUISE DEANNE-SOLER Commission # 1703432 n`%?! Notary Public - California My Diego County � Comm. Ex�xresNov 6, 2010 _t Place Notary Seal Above i personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)/are subscribed to the within instrument and acknowledged to me that tateh 7they executed the same in hieH•rr/their authorized capacity(ies), and that by flisfintsfAheir 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. OPTIONAL Signature of Public /Ike 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(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: LJ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONTRACT (CONTINUED) NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. CORPORATE CERTIFICATE I, Tna. grti tl t) certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Rare o Aorta tl ro , who signed said contract on behalf of the Contractor, was then PfesIdetevt" 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, IA co certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that PDf tl U. O , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was d idly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. DWAP6164 Corporate Seal: ***Issued in Triplicate Bond No. SU 5022439 PREMIUM L1 E ADJUSTED Premium included in Performance BASEL) ON EIN-1.L CONTRACT PRICE PAYMENT BOND NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2007-4, . , passed the 9t' day of January, 2007 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and 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 Three Million Two Hundred Ninety Eight Thousand Three Hundred Seven Dollars and Fifty Cents (S3,298,307.50), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the Califomia Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. Attorney -in -Fact Surety PAYMENT BONI) (CONTINUED) NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, `addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefor, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 22nd day of January , 2007. h Insurance Company (SEAL) Portillo Concrete (SEAL) (SEAL) Cynthia Barnett (SEAL) Principal (SEAL) PAYMENT BOND (CONTINUED) NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California ) ss COUNTY OF SAn Diego ) On this day 22nd of January , 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Cynthia Barnett known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the Arch Insurance Company , 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. NO 1h: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: - Name (Type or Print): N.I. Trusso (Notary Public in and for said County and State) My Commission expires: October 28, 2009 APPROVED AS TO FORM: By: /-) George I3 Eiser, III City Attorney N. RUSSO COMM. #1610260 NOTARY PUBLIC • CALIFORNIA o SAN DIEGO COUNTY -- Commission Expires Oct. 28, 2009 �ussP,rtn,• • sb�xsutixti POWER OF ATTORNEY Know Ail 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 Sioux Munyon, Cynthia Barnett, Laura Ehrlich, and Anne Wright of La Mesa, 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 presents shall 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,,Mis_ sp*,..,;<. .;.. 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 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 Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney 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 Arch Insurance Company authorized officers, this 5th day of December 2006 Attested and Certified Martin J. Nilsert;'ecretary STATE OF NEW YORK SS COUNTY OF NEW YORK SS ice President I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary 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 duty authorized signed, sealed with the corporate seal and delivered the saidppinstrument as the free -voluntary act • said corporation and as their own free and voluntary acts for the uses and CA purposes Es therein set forth. PNotary Public, State of New York No. 02CA6109336 Qualified in New York County Commission Expires May 3, 2008 Pe rJ My commiss Nota ublic expires 5-03-2008 CERTIFICATION 1, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated 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 affi the corpora se I of the Arch Insurance Company on this 22nd day of January 20.07 _etfr. 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 Martin J. Nils Secretary bonds and undertakings specifically named therein and to the extent herein stated. TO THE FOLLOWING ADDRESS: Printed in U.S.A. ***Issued in Triplicate*** Bond No. SU 5022439 Premium $49,475.00 PERFORMANCE BOND NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2007-A: passed the 9th day of January, 2007 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. 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 City, hereinafter called the "Council", in the penal sum of Three Million Two Hundred Ninety Eight Thousand Three Hundred Seven Dollars and Fifty Cents ($3,298,307.50), lawful money of the United States, for the payment of which sum well and truly to be made; we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning; and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and _agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. PERFORMANCE BOND (CONTINUED) NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. 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 attomey's fee to be fixed by the Court. •IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 22nd day of January , 2007. (SEAL) Portillo Concr e , Inc . (SEAL) it By;41,J l ir (SEAL) Arch nsurance Company Cynt Barnett, Attorney -in -fact Surety (SEAL) (SEAL) Principal PERFORMANCE BOND (CONTINUED) NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA SPECIFICATION NO. 06-01. ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California COUNTY OF San Diego ) On this 22nd day of January in and for said County Cynthia Barnett whose name Arch Insurance Company • in said instrument, and acknowledged to corporation thereto as Surety, and his own name as attorney -in -fact. , 2007, ) ss before me, the undersigned, a Notary Public and State, personally appeared known to me to be the person is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety me that he subscribed the name of said 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): N.I. Trusso Notary Public in and for said County and State My Commission expires: October 28, 2009 APPROVED AS TO FORM: � By: 1�;« George Eiser, III City Attorney N. TI I. wl COMM. #1610260 NOTARY PUBLIC • CALIFORNIA o SAN DIEGO COUNTY — Commission Expires Oct 28, 2009 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 Sioux Munyon, Cynthia Barnett, Laura Ehrlich, and Anne Wright of La Mesa, 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 presents shall 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.,Missowi.„;-, 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 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 Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney 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.Thstimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 5th day of December . 2006 Attested and Certified Martin J. Nilser 2Secretary STATE OF NEW YORK SS COUNTY OF NEW YORK SS Arch Insurance Company ice President I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary 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 -voluntary act • d corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J. CALLEO, ESO. Notary Public, State of New York No. 02CA6109338 Ot,aified in New York County Commission Expires May 3. 2008 My commiss Pe J. Nota ublic expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated 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 duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affi d the corpora s 1 of the Arch Insurance Company on this 22nd day of January 20 07 • ` 4 . Zf Cyt. 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 Martin J. Nilsi Secretary bonds and undertakings specifically named therein and to the extent herein stated. TO THE FOLLOWING ADDRESS: Page 2 of 2 Printed in U.S.A. Feom: Kathy Scheuerman At: Rancho Mesa Insurance FaxID: (619)-937-0168 To: Attn: Rona Date: 1/16/07 08:56 AM Page: 1 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID KS DATE IMM/DD/YYYY) PORTI-1 01/16/07 PRODUCER Rancho Mesa Insurance Agency 1810 Gillespie Way, Suite 108 El Cajon CA 92020 Phone:619-937-0164 Fax:619-937-016B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOII ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INRI IRERS AFFORDING COVERAGE NAIL # INSURED Portillo Concrete Inc. 3528 Harris Street Lemon Grove CA 91945 INSURER k Travelers Property Casualty Co INSURER B INSURER C. Redwood Fire & Casualty State Compensation Ins. Fend INSURER D: INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TREK LTR AUUL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMIDD/YYI LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL UABILITY DTE-CO-53B4C003-TIL-o6 07/29/06 07/29/07 EACH OCCURRENCE $ 1, 000 , 000 AMAUE KNII� PUREMISES(EeIOoE ccurence)300,000 S CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1, 000 , 000 GENERAL AGGREGATE $ 2,000,000 r_EL AGGREGATE LIMIT APPLIES Pcoi POLICY X JECT LOC PRODUCTS-COMP/OP AC-C. $ O non 000 B AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CAA000306 05/29/06 05/29/07 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA X X LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 10000 DTSM-CUP-531)4C003-TIL-06 07/29/06 07/29/07 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 $ $ 5 C WORKERS EMPLOYERS' ANY PROPRIETOR/PARTNERJEXECUTIVE OFFICERJMEMBER IF yes,describe COMPENSATION AND LIABILITY EXC W DEDT under below CERT ISSUED ET STATE FOND 10/21/06 10/21/07 WLSIAIU- UIH- TORY LIMITS ER E L EACH ACCIDENT 5 E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ SPECIALPROVISIONS OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: NATIONAL CITY BLVD STREET SCAPE & FOUNTAIN PLAZA, SPEC NO 06-1. CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED PER FORM CGD248 ATTACHED *10 Day notice for non -paymentx CERTIFICATE HOLDER CANCELLATION NA.TIONA CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950-4307 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL i YELL libIiP MAIL *30 DAYS WRITTEN CERTIFICATE THE LEFT, NOTICE TO THE HOLDER NAMED TO VU, , ..,...,.. ,......---...,.... AU71 NTATIVE Q ACORD CORPORATION 198f ACORD 25 (2001/08) From: Kathy Scheuerman At: Rancho Mesa Insurance FaxID: (619)-937-0168 To: Attn: Rona Date: 1/16/07 08:56 AM Page: 2 of 3 DTE-CO-5384C003-TIL-06 COMMERCIAL GENERAL LIABILITY Issue Date: 07/29/2006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal Injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement Is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits at insurance described in Section Ill — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and II. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard". 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary. excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization Is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 1. How, when and where the "occurrence" or offense took place; II. The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. CG D2 48 08 05 @ 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 From: Kathy Scheuerman A Rancho Mesa Insurance FaxID: (619)-937-0168 To: Attn: Rona Date: 1/16/07 08:56 AM Page: 3 of 3 COMMERCIAL GENERAL LIABILITY b) If a claim is made or "suit" is brought against the additional insured, the addition& insured must: f. Immediately record the specifics of the claim or "suit" and the date received; and II. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all tegat papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the 'suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or 'suit" to any provider of "other insurance" which would cover the additional insured for a loss we covet under this endorsement. however, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The fallowing definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the 'bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ei 2005 The St. Paul Travelers Companies, inc. CG D2 48 08 05 , From: Kathy Scheuerman At: Rancho Mesa Insurance FaxID: (619)-937-0168 To: Attn: Rona Date: 1/16/07 08:41 AM Page: 1 of 4 STATE COMPENSATION INSURANCE FUND CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-12-2007 CITY OF NATIONAL CITY SD 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 GROUP: 000046 PDLICY NUMBER: 0014841-2006 CERTIFICATE ID: 410 CERTIFICATE EXPIRES: 10-21-20D7 10-21-2006/10-21-2007 JOB:NATIONAL CITY BLVD STREETSCAPE & FOUNTAIN PLAZA; SPEC NO 06-1 This is to certify hal 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 oe 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. JTHORIZED REPRESENTATII>,,j PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MARIO PORTILLO PRESIDENT CEO - EXCLUDED. ENDORSEMENT p1500 - TINA PORTILLO CFO SECRETARY - EXCLUDED. ENDORSEMENT #2005 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-21-2004 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PORTILLO CONCRETE, INC 3528 HARRIS ST LEMON GROVE CA 91945 SO SD !REV.2-CM [E10,SD] PRINTED : 01-12-2007 RESOLUTION NO. 2007 — 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $3,298,308.50 FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND 9TH STREET FOUNTAIN PLAZA IMPROVEMENTS WHEREAS, the Engineering Department did, in open session on December 12, 2006, publicly open, examine and declare three sealed bids for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Boulevard Streetscape and 9th Street Fountain Plaza 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 $3,298,308.50 between Portillo Concrete, Inc. and the City of National City for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project, to be funded by Federal Transportation Enhancement Program funds and redevelopment tax increment dollars. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 9th day of January, Morrison, Mayor ATTEST: Dalla, Mich y Clerk h I R. APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on January 9, 2007, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CI4rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-4 of the City of National City, California, passed and adopted by the Council of said City on January 9, 2007. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT January 9, 2007 MEETING DATE 10 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City Cduncil of National City awarding a contract to Portillo Concrete, Inc. in the amount of $3,298,308.50 for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements (Funding will be through Federal Transportation Enhancement Program funds and Redevelopment Tax Increment Dollars) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation Environmental Review X N/A MIS Approval Financial Statement Approved By: The total estimated amount for the work is $3,892,308.50. Finance Dir or The funds are available in CDC Account No. 900911 ($1,892,308.50) and through the Smart Growth Grant in Account No' 321:-409-500-598-6572 ($2,000,000). Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 1. Resolution 2. Bid Opening Information sheet 3. Bid Proposal Spreadsheet for the three low biddcrs. 4. Firm's Biography 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 $3,298,308.50 for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements (Funding will be through Federal Transportation Enhancement Program funds and Redevelopment Tax Increment Dollars) On February 7, 2006, a contract was approved between Project Design Consultants firm and the City to provide design services for the National City Boulevard Streetscape from 12th to 2nd Streets and 9th Street Fountain Plaza Improvements. On March 23, 2006, the City's Consultant completed the program development, planning analysis, and the concept alternative tasks in accordance with the project schedule. Two public workshops were held during the preparation of the project conceptual plans. In addition, the staff met with different stakeholders and discussed the goals and objectives of the project with them. Based upon the general consensus the construction plans and specifications preparation was started. On November 13, 2006, after completion of the state environmental documents as required for all of the federally funded projects, the City received an authorization to proceed with construction from the California Department of Transportation. On November 16, 2006, the City Engineering Department approved the final plans and specifications and advertised the project in the local and regional newspapers. On December 12, 2006, three bids were received and opened for the project. The bid opening information sheet and cost proposal spreadsheet for the three low bidders are attached for further review. 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 $3,892,308.50. This amount includes the proposed lowest bid amount ($3,298,308.50), approximately 2% ($66,000) for surveying, approximately 2% ($66,000) for material testing, approximately 4% ($132,000) for construction engineering, and approximately 10% ($330,000) for contingencies. The funds available for the project are $2,000,000 through San Diego Association of Governments, Pilot Smart Growth Incentive Program, (Federal Transportation Enhancement Program funds). The total amount as matching funds budgeted through the Community Development Commission (Redevelopment Tax Increment Dollars) for the project is $2,400,000. The total available budget for the entire project is approximately $4,400,000. However, approximately $500,000 has already been expended for pre -engineering, environmental and design, leaving a balance of $3.9M. The staff recommendation is to award the contract to Portillo Concrete, Inc. to perform the work. A biography of the firm is attached. 1 BID OPENING SPECIFICATION NUMBER: 06-1 PROJECT TITLE: NATIONAL CITY BLVD. STREETSCAPE AND FOUNTAIN PLAZA, SPECIFICATION NO. 06-1 OPENING DATE: TUESDAY, DECEMBER 12, 2006 TIME: 3:OOPM ESTIMATE: $ 3,200,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME AND ADDRESS (PAGE 16) BID AMOUNT (PAGE 14) "ADDENDA (PAGE 14) BID SECURITY (PAGE 17-CHECK (PAGE 18-BOND) 1. PORTILLO CONCRETE, INC. 3528 HARRIS STREET LEMON GROVE, CA 91945 $3,298,307.50 X X 2. 3-D ENTERPRISES 2180 GARNET AVE., SUITE 2C SAN DIEGO, CA 92109 $3,890,519.00 X X 3. HMS CONSTRUCTION 1225 LINDA VISTA DRIVE SAN MARCOS, CA 92078 $3,988,018.18 X X National City Blvd. 5„eaiacape and Fountain Rasa Spec. Na. 06-01 ENGINEERING DEPARTMENT P 211._ 1311MOa6 Item QTY UNIT (1) PORTILLO CONCRETE, INC. (2) 30 ENTERPRISE (3) HMS CONSTRUCTION Item Description Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 1 LS Mobilization/Demolition $ 260,000.00 $ 260,000.00 $ 110,000.00 $ 110,000.00 $ 108,620.00 $ 108,520.00 2 1 LS Water Pollution Control $ 6,600.00 $ 6,600.00 $ 30,000.00 $ 30,000.00 $ 10,700.00 $ 10,700.00 3 1 LS Traffic Control $ 66,000.00 $ 56,000.00 $ 180,000.00 $ 180,000.00 $ 114,100.00 $ 114,100.00 4 1 LS Clearing and Grubbing $ 46 000.00 $ 46,000.00 $ 40,000.00 $ 40,000.00 $ 14,000.00 $ 14,000.00 5 830 LF AC Pavement Sawcutting (Full Depth) 3" and less $ 0.60 $ 498.00 $ 3.00 $ 2,490.00 $ 1.80 $ 1,494.00 6 5800 LF AC Pavement Sawcutting (Full Depth) Greater than 3" $ 0.70 $ 4,060.00 5 3.00 $ 17,400.00 $ 3.60 5 20,300.00 7 19200 SF Remove AC Pavement 3" and less $ 0.75 $ 14,400.00 $ 1.60 $ 28,800.00 $ 1.00 $ 19,200.00 8 20500 SF Remove AC Pavement Greater than 3" $ 1.20 $ 24,600.00 $ 2.60 $ 61,260.00 $ 1.96 $ 39,975.00 9 1610 LF PC Concrete Sawcutting (all depths) $ 3.00 $ 4,530.00 $ 4.00 $ 6,040.00 $ 6.30 $ 9,613.00 10 28060 SF Remove PC Concrete Less than 6" thick $ 1.10 $ 30,856.00 $ 2.00 $ 66,100.00 $ 3.00 $ 84,160.00 11 4600 SF Remove PC Concrete Greater than 6" thick $ 2.30 $ 10,680.00 $ 5.0E $ 23,000.00 $ 6.96 $ 27,370.00 12 2440 LF Remove PC Concrete Curb WI heights) $ 6.00 $ 14,640.00 $ 10.00 $ 24,400.00 $ 7.30 $ 17,812.00 13 470 LF Remove PC Concrete Curb and Gutter(all heights) $ 15.00 $ 7,060.00 $ 10.00 $ 4,700.00 $ 10.76 $ 5,062.60 14 1 LS Remove Trees $ 17,000.00 $ 17,000.00 $ 30,000.00 $ 30,00000 $ 20,200.00 $ 20,200.00 15 13 EA Remove Existing Street Light Including Foundation $ 1,700.00 $ 22,100.00 $ 3,000.0E $ 39,000.00 $ 665.00 $ 8,646.00 16 2 EA Relocate Existing Street Light $ 4,000.00 $ 8,000.00 5 1,600.00 $ 3,000.00 $ 3,200.00 $ 6,400.00 17 1 LS Relocate 2" Backfow Preventer Including Service connection, all lines and new backflow prevener 5 6 600.00 $ 6,600.00 $ 10,000.00 $ 10,000.00 $ 12,600.00 $ 12.600.00 18 11200 SF AC Pavement Cold Milling 4' wide (medians) $ 0.80 $ 8,960.00 $ 3.00 $ 33,600.00 $ 1.63 $ 17,136.00 19 9120 SF AC Pavement Cold Milling 4' wide (sidewalk) $ 1.00 $ 9,120.00 $ 3.00 $ 27,360.00 $ 1.60 $ 13,680.00 20 26 SF Asphalt Concrete Paving (All depths) $ 300.00 $ 7,600.00 $ 270.00 $ 6,760.00 S 673.00 $ 16,826.00 21 3300 SF PC Concrete Median Walkway 4" $ 8.00 $ 26,400.00 $ 8.00 $ 26,400.00 $ 24.76 $ 81,676,00 22 31060 SF Sidewalk PC Concrete Type A (Scored with paver Inserts) $ 8.30 $ 257,798.00 $ 1000 $ 310,600.00 $ 11.60 $ 367,190.00 23 3941 SF Sidewalk PC Concrete Type B (Diagonal Score Lines) $ 8.30 $ 32,710.30 5 8.00 $ 31,628.00 $ 11.00 $ 43,361.00 24 2180 SF Sidewalk PC Concrete Type C (Square with Grass Inlay) $ 8.30 $ 18,094.00 5 10.00 $ 21,800.00 $ 16.00 $ 34,880.00 26 4435 SF Walkway Brick Paver utilizing salvage existing pavers $ 16.00 $ 66,626.00 $ 18.00 $ 79,830.00 $ 19.70 $ 87,369.60 26 5400 SF Walkway Brick Paver Paving $ 18.00 5 97,200.00 $ 18.00 $ 97,200.00 $ 19.70 $ 106,380.00 27 1300 SF Roadway Brick Paver Paving $ 18.00 $ 23,400.00 $ 20.00 $ 26,000.00 $ 20.30 $ 26,390.00 28 3417 SF PC Decorative Concrete Driveway Pavement $ 10.00 $ $4,170.00 $ 10.00 $ 34,170.00 $ 12.60 $ 43,064.20 29 2264 SF PC Concrete Roadway Pavement (Misc.) $ 16.00 $ 33,960.00 $ 10.00 $ 22,640.00 $ 12.30 $ 27,847.20 30 6878 SF PC Decorative Roadway Pavement Type A (Intersection) $ 9.60 $ 66,428.80 $ 10.00 $ 68,780.00 $ 19.70 $ 115,796.60 31 1220 SF PC Decorative Roadway Type B (Crosswalk) $ 9.60 $ 11,712.00 $ 12.00 $ 14,640.00 $ 23.76 $ 28,976.00 32 4431 SF PC Decorative Roadway Type C (NC Blvd.) $ 9.60 $ 42,637.60 $ 10.00 $ 44,310.00 $ 16.00 5 66,466.00 33 1238 SF PC Decorative Roadway Pavement Type D (9th St) $ 9.60 $ 11,884.80 $ 10.00 $ 12,380.00 $ 16.00 $ 18,570.00 34 8187 LF PC Decorative Roadway Pavement Type E (Rolled Curb) $ 10.00 $ 81 870.00 $ 9.00 $ 73 683.00 $ 12.30 $ 100,700.10 35 434 SF PC Decorative Roadway Pavement Type F (ring) $ 16.00 $ 6 944.00 $ 12.0E $ 6 208.00 $ 11.37 $ 4,934.68 $ 45,022.60 36 870 SF ADA Ramps (all types) Including Detectable Warning Surface $ 34.00 $ 29,680.00 $ 20.00 $ 17,400.00 $ 61.76 37 120 SF Morgan Square Logo $ 10.00 $ 1,200.00 $ 80.00 $ 9,600,00 $ 11.26 $ 1,360.00 38 2800 LF 8" PCC Median Curb Type 8.1 per SDRSD G-6 $ 23.00 $ 64,400.00 $ 22.00 $ 61,600.00 $ 27.0E $ 76,600.00 39 390 LF 6" 10 8" PCC Curb per SDRSD G-1 $ 26.00 $ 9,760.00 $ 22.00 $ 8,680.00 $ 27.00 $ 10,630.00 40 2570 LE 6" to 8" PCC Curb and Gutter per SDRSD G-2 $ 26.00 $ 64,260.00 $ 28.00 $ 71 960.00 $ 40.00 $ 102,800.00 41 270 LF 6" PCC Curb per SDRSD G-1 $ 23.00 $ 6,210.00 $ 22.00 $ 6,940.00 $ 27.00 $ 7,290.00 42 2570 LF 6" PCC Curb and Gutter per SDRSD G-2 $ 2000 $ 64,260.00 $ 28.00 $ 71,960.00 $ 40.00 $ 102,800.00 43 44 LF Rolled Curb and Gutter per SDRSD G-4 $ 60.00 $ 2,640.00 $ 30.00 $ 1,320.00 $ 60.00 $ 2,200.00 44 7880 CY 6" Crushed Aggregate Base $ 60.00 $ 394,00000 $ 60.00 $ 472,800.00 $ 40.00 $ 316,200.00 46 1 LS Coordination with Utility Owners for Utility work done by others $ 11,000.00 $ 11,000.00 $ - $ 20,000.00 $ 4,200.00 $ 4,200.00 46 1 LS Existing Utility Facility Adjustments andlor Modifications $ 12,000.00 $ 12,000.00 $ - $ 10,000.00 $ 5,600.00 $ 6,600.00 47 120 LF Drainage Facility ( Curb-0-Let) $ 160.00 $ 19,200.00 $ 40.00 $ 4,800.00 $ 329.00 $ 39,480.00 48 36 EA 3" Curb Outlet Drain Replacement $ 400.00 $ 14,000.00 $ 100.00 $ 3,600.00 $ 187.00 $ 6,646.00 49 1 LS Traffic Signing $ 2,000.00 $ 2,000.00 S - $ 4,000.00 $ 2,600.00 $ 2,600.00 50 1 LS Traffic Striping $ 16,000.00 $ 16,000,00 $ - $ 16,000.00 $ 17,200.00 $ 17,200.00 61 1 LS Traffic Signal Loop $ 4,600.00 $ 4,600.00 $ - $ 6,000.00 $ 500.00 $ 600,00 52 1 LS Irrigation $ 163,000.00 $ 163,000.00 $ - $ 160 000.00 $ 382,000.00 $ 382,000.00 63 1 LS 1" Irrigation POC/meter/Backlow $ 6,600.00 $ 6,600.00 $ - $ 10,000.00 $ 13,300.00 $ 13,300.00 64 1 LS Landscape Materials including topsoil $ 266,000.00 $ 266,000.00 $ - $ 170,000.00 $ 360,00000 $ 360,000.00 66 600 LF Planter/Seat Wall $ 71.00 $ 36,600.00 $ 100.00 $ 60,000.00 $ 166.00 $ 77,600.00 66 1 LS 'Public Art $ 200,000.00 $ 200,000.00 $ - $ 200,000.00 $ 200,000.00 $ 200,000.00 67 1 LS Public Art Coordination 5 20,000.00 $ 20,000.0E $ $ 20,000.00 $ 2,100.00 $ 2,100.00 68 1 LS She Furnishings (tree grate, benches and trash receptacles) $ 60,000.00 $ 60,000.00 $ • $ 130,000.00 $ 84,000.00 $ 84,000.00 69 ' 2 EA Platform Seating/Recognition Area $ 8,100.0E $ 16,200.00 $ - $ 30,000.00 $ 8,760.00 $ 17,500.00 60 1 LS Plaza Electrical Lighting $ 92,000.00 $ 92,000.00 $ - $ 76,000.00 $ 107,400.00 $ 107,400.00 61 1 LS Street Lighting $ 190,000.00 $ 190,000.00 $ - $ 320,000.00 $ 183,000.0E $ 183,000.00 62 1 L5 Street Lighting Electrical System $ 175,000.00 $ 176,000.00 $ - $ 326,000.00 $ 80,000.00 $ 80,000.00 63 2 EA Traffic Signal Pole Relocation $ 6,400,00 $ 10,800.00 $ 6,000.00 S 10,000.00 $ 6,176.00 $ 12,360.00 64 1 EA Vertically Adjust Traffic Signal Pole (With No Mast Arm) $ 1,600.00 $ 1,600.00 $ - $ 1,000.00 $ 4,600.00 $ 4,600.00 65 1 EA Vertically Adjust Traffic Signal Pole (With Mast Arm) $ 2,100.00 $ 2,100.00 $ - $ 2,000.00 $ 4,600.00 $ 4,600.00 66 1 LS Sweetwater Authority- Water Capacity Fees and Inspections Fees $ 20,000.00 $ 20,000.00 $ $ 20,000.00 $ 20,000.00 $ 20,00000 TOTAL $ 3,298,307.50 $ 3,890,519.00 $ 3,988,018.18 PORTILLO CONCRETE, INC. State Lk. No, #680144 (A/B/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 NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $3,298,308.50 FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND 9TH STREET FOUNTAIN PLAZA IMPROVEMENTS WHEREAS, the Engineering Department did, in open session on December 12, 2006, publicly open, examine and declare three sealed bids for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Boulevard Streetscape and 9th Street Fountain Plaza 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 $3,298,308.50 between Portillo Concrete, Inc. and the City of National City for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project, to be funded by Federal Transportation Enhancement Program funds and redevelopment tax increment dollars. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 9th day of January 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 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 March 8, 2007 Mr. Mario Portillo President Portillo Concrete, Inc. 3528 Harris Street Lemon Grove, CA 91945 Dear Mr. Portillo, On January 9, 2007, Resolution No. 2007-4 the City Council of National City, awarding a Inc. We are enclosing for your records a certified and a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Engineering Department was passed and adopted by contract to Portillo Concrete, copy of the above Resolution ® Recycled Paper