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HomeMy WebLinkAbout2007 CON Portillo Concrete - Misc. Concrete Improvements FY 07-08CONTRACT MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS. FY07- 08, SPECIFICATION NO. 07-04. THIS CONTRACT made and entered into this 20th of November. 2007 by and between the City of National City, California, herein after designated as the "City". and Portillo Concrete, Inc. hereinafter designated as the "Co ntractor". WITNESSETII: 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 VARIOIJS LOCATIONS, FY 07- 08. SPECIFICATION NO. 07-04. 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 kidding sheet of the proposal, as the case may he. 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 (CONTINIJED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07- 08. SPECIFICATION NO. 07-04. 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 trade 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 he 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 he harred by the applicable statute of limitations. The award rendered by the arbitrators shall he final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07- 08, SPECIFICATION NO. 07-04. 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 he executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By : —4604) CITY: Title: k Federal II). No. 33-O Z2I3q By: Title: Mayor, City of National City ATTEST: By: it Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must he attached.) CONTRACT (CONTINUED) MISCELLANEOIiS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07- 08. SPECIFICATION NO. 07-04. CORPORATE CERTIFICATE I, T%AJ} 1 K:FIL O certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that MF :O P0Rrl, who signed said contract on behalf of the Contractor, was then pm/wit/rice?) 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. 1, certify that 1 am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: CONTRACT (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07- 08. SPECIFICATION NO. 07-04. PARTNERSHIP CERTIFICATE STATE OF COIJNTY OF ) ss On this day of , 2007, 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: Narrre (Type or Prim) (Notary Public in and for said County and State) My Commission expires: EMERGENCY NOTIFICATION LIST MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07- 08. SPECIFICATION NO. 07-04. DATE..: lI'Z��C7 1 In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name MA,eia Pa277uD Emergency Telephone Number(s) 6/9-festo-68Za 04-b43-gil2y Name Emergency Telephone Number(s) I am aware that one of the named representative(s) shall he present at the work site whenever work is in progress. Further each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. aeAJ Signature of Contractor Mimi() ?Witty--Petsfi Name and Title Signature of Contractor 1 7L14 PC12Tl U-0 SEC"T f Cip Name and Title Note: Two signatures are required if a corporation. From:PORTILLO CONCRETE INC Issued in Triplicate 619 466 4685 12/07/2007 12:46 #101 P.002/007 BOND NO . ASB502651 Premium will be adjusted PREMIUM $6,090.00 based on final contract price PERFORMANCE BOND MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07- 08L SPECIFICATION NO. 07-04. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2007-254 passed the November 20, 2007 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07-08, SPECIFICATION NO. 07-04. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, PORTILLO CONCRETE, INC. we, the Principal and AMERICAN SAFETY CASUALTY 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 Two Ilundred Fifty Four Thousand Five hundred Dollars L8254,500.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or --their-part, to-be-kept-aiml-per-fefxicd--at-the-time-and in he arnoua tliefe n speeified and in I-- - 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, extrusion of time, alteration or additions to the terms of the contract or to the work or to the specifications. From:PORTILLO CONCRETE INC 619 466 4685 12/07/2007 12:47 #101 P.003/007 PERFORMANCE BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07- 08 SPECIFICATION NO.07-04_ 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 attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 7TH day of December , 2007. AMERICAN SAFETY CASUALTY INTt. PO TILLO C(9 RET .INC. (SEAL) I U 0 PAN/ (SEAL) ot,0yew (SEAL) CYNDBEILMAN, ATTORNEY IN F4EAL) MARIO PORTILLO, PRESIDENT' (SEAL) Surety Principal APPROVE' .. George H. Eiser, III City Attorney ACKNOWLEDGMENT State of California County of San Diego On Dec. 7, 2007 before me, Dana L. Michaelis, Notary Public (here insert name and title of the officer) personally appeared Cyndi Heilman 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 instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature DANA L. MICHAELIS Commission # 1497332 j Notary Public - California San Diego County My Comm. Expires Jun 27.2008 (Seal) From:PORTILLO CONCRETE INC 619 466 4685 12/07/2007 12:47 #101 P.005/007 BOND NO:. ASB502651 Issued in Triplicate Premium will be adjusted based on final contract price PAYMENT BONI) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07_ 08., SPECIFICATION NO07-04. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2007-254, passed the November 20 2007 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07.08, SPECIFICATION NO. 07-04. 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; '[j� PORTILLOVCONCRETE, INN. we, the Principal and AMERICAN SAFETY CASUALTY 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 Two Hundred Fifty Four Thousand Five Hundred Dollars ($254,500.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or Iabor performed by any such claimant, or-f r--axy-anioumts requirecl-to-be- deduc-ted- withheld, the4r-anehise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. From:PORTILLO CONCRETE INC 619 466 4685 12/07/2007 12:47 #101 P.006/007 PAYMENT BOND (CONTINUED) MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, FY 07- 08., SPECIFICATION NO. 07-04. 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, 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 hond 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 7TH day of NOV EMBER , 2007. AMF.RTCAN SAFETY CASUALTY ALr - PORTILLO CONCRETE, INC. (L) (SEAL(tv‘3 )ap-r, (SEAL) I BEILMAN, ATTORNEY IN TAL) MARIO PORTILLO, PRESIDENT (SEAL) Surety Principal State of California County of San Diego On 12-7-2007 ACKNOWLEDGMENT before me, Dana L. Michaelis, Notary Public (here insert name and title of the officer) personally appeared Cynai Beilman 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 instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature \,1-1-44(24Y _YYLL,6.2 DANA L. MICHAELIS Commission # 1497332 Notary Public - California San Diego County My Comm. Expires Jun 27, 2008 (Seal) tsl POWER OF ATTORNEY NUX=ER AS& 502652 KNOW ALL WEN IT'iSESi FIUDNINFL tat Aamri= Smfey Ceparky lneras Coepq has soda. comities/ awl appoint awl by area pate dos mks. ocastitsie sod appoints SIOUX MUNYON, CANNE WRIGHT, CYNDI BEILMAN of CALIFORNIA he Inn ad lawkl aeereerlobth, tar it aad its aaer, pleas, mad need to exec* . be/off at die said Corpay, n sweat beads. indemoithe aid ameba* of sue! sobelitho e ALL OSUGEES paoviRd ter so had or entered* or soot act of sesetyship executed astdwr this aathoiity shall traced is amuse the ass of ***ONE MILLION***($1,000,000.00) DOLLARS*** MI Fewer of Amway is paned Ind is dyed mod saw by fcsi'eds =der ad by to embody of the fo/oviag Rada6=adepead by In Bard of Dawes dose Coupon an the Ripka dry et September, 2003. IESOI.YIII. Rat Rs Presided is caijwetioa with the Seentay or ay Asian Sea w, any appeiet etto.e7atL4ca a web wsa edYauy se de8aed ter ieied a be lustonset Niemen* be appdsreat Is wek can, for sad . behalf of the C.rpmey. is new* mad river mot aria be sod ter ere a.pa y um booth, asp, reap sores. ad soap* obliialiass of aS kinds: read aid alms —y nacre may ads anovariathet Of epees awl seethe any power at aeeay per!' Snebd so rash person. RESOLVED FVRIWI . tat =y bond, sedebtlrS, sect twee, aawyeldp tehipdaa doll be qld ad/aft epos the Olmepror tf) whom stymied bytoResidue a say Vieoltddetmadsassed adstaled (donsealienoised)bysal'Seawaya Asset Satuemsy et(i)*sea stood bythe Pooh* a any Vsee-hesidee at Secretary at Awieteat Seeacary. made emeniptd ad foaled (ifs sal be segded) by a defy nteimd avaeyittd a wit or0ID aha defy executed sad sealed (if a sal be i. al) by the or more aletwey-intro or area person b mod wibi be lain of Re ab iiI , evidenced by the peva of ammo based by do Oompay to sod }tonsco a person. 6- RESOLVED P IR1 ot.totthesiemensdsayembodmdofficermadtheleafoldieCoerpayywaybetdlfadbyb aio&sosaypo erofadaaeycurcad6ta8.taco( Wontisi tad execution ad delivery of shy based, sdemedda/, secopisa, or other snetydrp a0tipias of Re Coopmey; sod sods sigmat n and sal whoa a nod stall have the one farce ad affece a IWO mealy ailed IN WIITII+SS WHEREOF, Assetkaa Safety Cathay imam Cowpony den cased Mt official semi as be benumb affned, mod Kate pence to be Biped bib t endeet mad mooed by in Seamy this F1gbb day allepreerther.2003. Amass: Sttphae' it Cde. Piddeo STATE OF GEORGIA COURTLY of COMB } ,a Os dais Bidhb day of September. 2003, baton ere pe,oneRy eaaate Depths R. Cite, to ere brows. who, bong by me *sly anon, did depots ad say tat be is the Presidia of Muskat Safety Clanby heeaa Campo%des eerpersios delta d is rod whieb coved tb above Kea cleat Rothe haows die eral of Re said wrpsodoa; that be sal affixed ntbe said intromen is sods corporate seek Reit no so Wined by order of Re Bond of Dinars of said caparetha amd the be fiord his sine Resew by fike order. 1, dig adatiped. Shahan! of Aeede. Safety Crs=My bternado Compost aOffiaoas uepaodma. DO 1.31tEllY CEPaWY tkat the facyoi g ad seethed Pavia of Attorney smith is [eR face ad has on boa revoked mod bebnsee a that to ResohAa of the Bath dDirectors see fat is to said Power d Massa!, is now io force Snood sad Sealed StdnCity etAdmen. isthe Sate et Georgia i.' '> :ti Dated dme 7th dgraf DECEMBEIt 2007 .fir'. L Made, aeclrey ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WI H RED NUMERICAL NUMBERS DUPLICATES SI{ALI. HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL STATE COMPENSATION INSURANCE POLICYHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-07-2007 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SD GROUP: 000044 POLICY NUMBER: 0024807-2007 CERTIFICATE ID: 33 CERTIFICATE EXPIRES: 10-21-2008 10-21-2007/10-21-2008 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 upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - PORTILLO, MARIO PRESIDENT - EXCLUDED. ENDORSEMENT #1800 - PORTILLO, TINA SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-29-2007 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007-10-29 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY EMPLOYER PORTILLO CONCRETE, INC 3528 HARRIS ST LEMON GROVE CA 91945 IREV.2-e51 SD [B10,SD] PRINTED : 12-07-2007 SD ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MWDD/YYYY) PORTI-1 12/07/07 PRODUCER 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. 3528 Harris Street Lemon Grove CA 91945 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: TreMlars Property Casualty Co INSURER B: INSURER C. INSURER D Redwood Fire & Casualty INSURER E NAIL N COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSIANUING 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 ANU CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7LTRLTR INSRD TYPE OF INSURANCE I POLICY NUMBER ITL I p TE (EFFECTI)E I PDAATCE ( EXPIRATION I LIMBS MM�DWY1' I GENERAL LIABILITY EACH OCCURRENCE 151,000,000 I —, I I UAMAGt TO HtNItU A ; X 17C COMMERCIAL GENERALLIABILIIY vrs-c0-53e4C003-TzL-07 07/29/07 07/29/08 PREMISES (Ea ocairencc) 5 300,000 15 I I CLAIMS MADE I X OCCUR I MED EXP (Any one Pon) ers 10,000 I PERSONAL B ADV INJURY I $ 1,000,000 I GENERAL AGGREGATE 1 $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG • $ 2,000,000 I - POLICY •X ' 7ECT —I LOC ! 4... -.. I AUTOMOBILE LIABILITY ) I COMBINED SINGLE LIMIT I B I ANY AUTO I CAA000306 05/29/07 I 05/29/08 (Ea tlent) 51.000,000 �X 1 ALL OWNED AUTOS BODILY INJURY E (Per parson) -SCHEDULED AUTOS � j X, HIRED AUTOS BODILY INJURY . 5 X , NON -OWNED AUTOS I (Per eccMent) I I PROPERTY DAMAGE . i ' (Per acaoent) E GARAGE LIABILITY I I AUTO ONLY - FA ACCIDENT i $ I ANY AUTO EA ACC $ OTHER THAN ' AUTO ONLY: AGG I $ EXCESSAIMBRELLA LIABILITY I EACH OCCURRENCE I $ `! OCCUR r CLAIMS MADE - I I AGGREGATE • 5 1 I Ii . r DEDUCTIBI E I $ I RETENTION $ 5 I I WORKERS COMPENSATION AND I I TORY LIMITS i IER- EMPLOYERS' LIABILITY ' E.E.L. EACH ACCIDENT $ IP ANY PROPRIETORAATNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? I 1 I, .L. DISEASE - EA EMPLOYEE $ I E.L. DISEASE - POLICY LIMIT I S SECItlALePROIuONS below - I OTHER � I I I 1 1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS. THE CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES AND AGENTS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CGD248 ATTACHED *10 Days for non -payments CERTIFlCATE HOLDER CANCELLATION NATIONA CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950-4397 SHOULD ANY OF THE DATE THEREOF, THE NOTICE TO THE CERTIFICATE ABOVE DESCRIBED POLICIES BE CANCELLED WILL AWL BEFORE THE EXPIRATION * 30 DAYS WRITTEN ISSUING INSURER HOLDER NAMED TO THE LEET,i _ ) mar aMMINIMONOW AUT(....70M NTATIVE ACORD 25 (2001/08) O ACORD CORPORATION 1988 Policy Number: DTE-CO-5384C003-TIL-07 COMMERCIAL GENERAL LIABILITY Issue Date: 07/29/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modities insurance provided under the toilowing: 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 inducts 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) U. 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 tiab $ity 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 of Insurance described in Section 111— 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: 1, The preparing, approving, or tailing 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 if. 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 insuran a 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 vakd 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 411 Off Oft © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) 11 a claim is made or 'suit" is brought against the additional insured, the additional insured must I. Immediately record the specifics of the claim or "suit' and the date received; and ll. Notify us as soon as practicable. The additional insured must see to it that we receive written notice at the claim or 'suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal 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 cover 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 following 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 0 2005 The St. Paul Travelers Companies, Inc. CG D2 4$ 011 05 RESOLUTION NO. 2007 — 254 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $254,500 FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS, AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS WHEREAS, the Engineering Department of the City of National City did, in open session on November 5, 2007, publicly open, examine and declare eight sealed bids for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Portillo Concrete, Inc. and the City of National City in the amount of $254,500 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of Nove ATTEST: Michael Della, Cit Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2007. on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on November 20, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Ungab, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Ci lerk of the City of National City, California By: Deputy 1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-254 of the City of National City, California, passed and adopted by the Council of said City on November 20, 2007. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20.2007 AGENDA ITEM NO. 12 11-TEM TITLE Resolution of the City Council of National City awarding a Contract to Portill\ Concrete, Inc., in the amount of $254,500 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations (Funding will be through CDBG and Gas Tax.) PREPARED BY Yolando Vitug DEPARTMENT Engineering Ext. 4414 EXPLANATION See attached explanation Environmental Review: N/A MIS Approval Financial Statement Approved B The total estimated amount for the work is $305,565. The funds are available in Account Nos. 30-409-500-598-6134 ($46,000), 109-409-500-598-6134 ($49,000), 109-409-500-598-6137 ($67,000), 001-409-500-598-6090 ($100,000), 001-409- 500-598-6137 ($50,000) Account No. STAFF RECOMMENDATION: do • t the Resolution. N RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Bid Opening information sheet 3. Bid Proposal spreadsheet for the three low bidders Resolution No. -a o oc - a sy 4. Biography of Portillo Concrete AANI, (1T`, T lx'' 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 December 19, 2007 Mr. Mario Portillo President Portillo Concrete, Inc. 3528 Hams Street Lemon Grove, CA 91945 Dear Mr. Portillo, On November 20, 2007, Resolution No. 2007-254 was passed and adopted by the City Council of National City, awarding a contract to Portillo Concrete, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original contract. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept. ® Recycled Paper