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HomeMy WebLinkAbout2011 CON Black Rock Construction - Concrete Improvements, FY 11-12 Sp 11-06 / Change Order #1CONTRACT NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 THIS CONTRACT, made and entered into this 1s` day of November, 2011 by and between the City of National City, California, herein after designated as the "City", and Black Rock Construction, Co., 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 CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 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 judgment may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 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. CONTRACT (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: CITY: Title: By: Title: S Federal ID. No. 27 ' I ?� i 1 -\`l By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPA • F CONTRACTOR must be attached.) CONTRACT (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 CORPORATE CERTIFICATE I, wow; Lc qQc4-1 Corporation named as Contractor C•g'5n Contractor, was then . Q. certify that I am the Secretary of the in the foregoing Contract; that , who signed said contract on behalf of the 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. C472 Corporatiop.., named Is Contractor / lr°`L 6.7$ Contractor, was then P 5 . certify that I am the Secretary of the in the foregoing Contract; that , who signed said contract on behalf of the 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: L CONTRACT (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: EMERGENCY NOTIFICATION LIST NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 DATE: 5-- t In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name Emergency Tglephone Number(s) e 7 (til ¥(2—WI Name n Emergency Telephone Number(s) I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Si rtz0f2_,,z, LJ Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ��`�Q N^- On \.\—%_. I Date } before me�`-. ` 1 IQ G 1-1.-t /'1 Here Insert Name and Title of the Ottic r personally appeared DEBORAH ANN GOSHEN Commission # 1876222 z Notary Public - California z z Orange County Comm. Ex irea Jan 8, 2014 , Place Notary Seal and/or Stamp Above Name(s) of Signer(s) who 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 ke/eHe><they executed the same in lals1bajAheir 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE Signature: OPTIONAL hand and official seal. Signature of Notary Public 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: \1\4..k —sz. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) C Signer's Name:—�1\,, v . Corporate Officer — Title(s) ._ Individual ❑ Partner — ❑ Limited ❑ General - Attorney in Fact - Trustee El Guardian or Conservator ❑ Other: gner Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here .igner's Name: ``� I t corporate Officer — Title(s): Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact L Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4(11 �. � S RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2008 National Notary Association • 9350 De Soto Ave.., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder_ Call Toll -Free 1-800-876-6827 BOND ISSUED IN TRIPLICATE BOND NO. PB019000004 PREMIUM: $2,916.00 PERFORMANCE BOND NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2011-236, passed the 1" day of November, 2011 has awarded to Black Rock Construction Company, hereinafter designated as the "Principal", the NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06. 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 PHILADELPHIA INDEMNITY INSURANCE COMPANY aS surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Forty -Five Thousand Seven Hundred Ninety Seven Dollars and 50 Cents ($145,797.50) 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 CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 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 8TH 2011. day of NOVEMBER PHILADELPHIA INDEMNITY INSURANCE COMPANY (SEAL) BLACK ROCK CONSTRUCTION COMPANY (SEAL) BY: (SEAL) BY: (SEAL) D.J. PICARD, ATTORNEY -IN -FACT (SEAL) BILL GOSHEN JR., VICE PRESIDENT (SEAL) Surety APP • I) VED TO FORM: Ii(1 traudia's a City A r• ,, By: Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE } On NOVEMBER 8, 2011 before me, D.J. PICARD, NOTARY PUBLIC Date personally appeared BILL GOSHEN, JR. a D.. PICARD COMM. # 1907062 2 NOTARY PUBLIC - CALIFORNIA E ORANGE COUNTY My Comm. Expires Oct. 7, 2014 Place Notary Seal Above Here Insert Nine and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(z) is/ttrg subscribed to the within instrument and acknowledged to me that he/sProitIoll executed the same in his/L2heixauthorized capacity(), and that by his/imaigiik signatureps) on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o: j.eal. Signature OPTIONAL Signature o •o•1r' is 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: PERFORMANCE BOND Document Date: NOVEMBER 8, 2011 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: BILL GOSHEN, JR. O Individual IM Corporate Officer Title(s): VICE PRESIDENT • Partner ---- E Limited EJ General Li Attorney in Fact El Trustee [j Guardian or Conservator • Other: Signer Is Representing: BLACK ROCK CONSTRUCTION COMPANY RIGNTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: Individual Eli Corporate Officer Title(s):__,._,.,., [,_I Partner — ❑ Limited Li General [_J L- [1 Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGNTTHUMBPRINT OF SIGNER Top of thumb here ��.�">�4`� ���>L�%u"'�'�f-�i.`�t;�; r✓f"et�`�G�i�`�''�h.`�`�i;;.�`={>�`�,��=C��"k'�c'�.`�`�,`�?G`��,'�c,'�'��;'��c;�e;ttC. V 2007 National Notary Assocatiori • 9350 De Soto Ave.. P.O. Box 2402 • Chatsvorh, CA 91313-2402 • www.NaiiasalNotary.org Item a5907 Reorder: Call Toll -Free 1-800-878.8827 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CAL I FORN I A ) COUNTY OF ORANGE ) ) ss On this NOVEMBER 8 , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared D. J . P I CARD known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the PHILADELPHIA INDEMNITY 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. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: L!' Le4 L Name (Type or Print): CHERYL L. THOMAS Notary Public in and for said County and State My Commission expires: DECEMBER 18, 2012 CHERYL L. THOMAS COMM. #1827274 z ce Notary Public • California o Orange County My Comm. Expires Dec. 18, 2012I Obi PHILADELPHIA INSURANCE COMPANIES PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That PHILADELPHIA INDEMNIFY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint TODD M. ROHM, CHERYL L. THOMAS, D.J. PICARD AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attorney (s) in tact with full authority to execute on its behalf bonds, undertakings. recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby. in an amount not to exceed $5,000, 000.00. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 10 day of luly, 2011 _ RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto, and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given_ And, he it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18'r' DAY OF JULY, 2011. Christopher 1. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this I8'" day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notarial Sant salami), A. icasakaio.NoloiyPuella Lost�rer Medan Corammon Two., y W �N 2012 Munimr,PoruryMnlaAa odWonoiHalid s I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this l8ra day of July 201 Iare true and correct and are still in full force and effect- I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 8TH day of NOVEMBER Cr eller Executive Vice President, Chief Financial Officer & Secretary 20 11. BOND ISSUED IN TRIPLICATE BOND NO. P8019000004 PREMIUM CHARGED IS INCLUDED IN PERFORMANCE BOND PAYMENT BOND NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2011- 236, passed the 1`" day of November, 2011 has awarded to Black Rock Construction Company, hereinafter designated as the 'Principal", the NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT, FY 11-12 SPECIFICATION NO. 11-06. 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 PHILADELPHIA INDEMNITY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Forty -Five Thousand Seven Hundred Ninety Seven Dollars and 50 Cents ($145,797.50) 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 California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. PAYMENT BOND (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 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 thereof, 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 8TH day of NOVEMBER , 2011. PHILADELPHIA INDEMNITY INSURANCE COMPANY (SEAL) BLACK ROCK CONSTRUCT IOa.COMPANY (SEAL) BY: (SEAL) BY: (SEAL) D.J. PICARD, ATTORNEY -IN -FACT (SEAL) BILL GOSHEN JR., VICE PRESIDENT f.SEA1.) Surety APP r VED AS FORM: By: C :ia Silva City Attome Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE } On NOVEMBER 8, 2011 before me, D.J. PICARD, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared BILL GOSHEN, JR. Namels) of Signer(s) D. J. PICARD COMM. # 1907062 z 2 yR� NOTARY PUBLIC - CAUFORNIA� ORANGE COUNTY My Comm. Expires Oct. 7, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person* whose name* is/j subscribed to the within instrument and acknowledged to me that he%si t ttt executed the same in his/heixauthorized capacity(im), and that by his/kRix signature*) on the instrument the persor, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha Signature Signature of OPTIONAL IC a 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: PAYMENT BOND Document Date: NOVEMBER 8, 2011 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: BILL GOSHEN, JR. O Individual IX Corporate Officer --- Title(s): VICE PRESIDENT • Partner ❑ Limited ❑ General C....i Attorney in Fact O Trustee C' Guardian or Conservator L I Other: Signer Is Representing: BLACK ROCK CONSTRUCTION COMPANY RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: Individual LI Corporate Officer - Title(s):.,..._.. Li Partner ❑ Limited [I] General Attorney in Fact 1_1 Trustee Guardian or Conservator [I] Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here fit;`rs�cruccL`L� t stir chi e 0 2007 National Notary Associat(or, • 9990 De Soto Ave PO. Box 240E • Chatsworth. CA 91313-2402 • www.NationalNotery.org Item 45907 Reorder Cull Toll -Free 1-800-879-6827 PAYMENT BOND (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On this day 8TH of NOVEMBER , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared D.J. PI CARD known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the PH I LADELPH I A INDEMNITY 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. ) ss 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): CHERYL L. THOMAS (Notary Public in and for said County and State) My Commission expires: DECEMBER 18, 2011 CHERYL L. THOMAS g COMM. #1827274 z z 9► � f Notary Public - California Orange County — MtComm. Expires Dec. 18, 2012 t AIL PHILADELPHIA INSURANCE COMPANIES PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M. ROHM, CHERYL L. THOMAS, D.J. PICARD AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby. in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1 I' day ofJuly, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto. and (2) to remove, at any time, any such Attorney -in -Fact and revoke the :totality given. And, he it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18"' DAY OF JULY, 201 I. ;�.OtMNITP ,Haag eat 1927 7m: >iI'+ken,40 '• r Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18T" day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized office' attic PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company, that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH Of PENNSYLVANIA Natatal Said Ittnibeity A. Kautsritl. Na W y PuhIG Lower Merlon T p., MauW emery County My Oonvnlaatan Expires Ma 18, 4014 Winter. Peonyivarta Aaaodsnot' of NetaW I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNIFY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attomey issued pursuant thereto on this 18T" day of July 201 I are true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire. who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof f have subscribed my name and affixed the facsimile seal of each Company this 8TH day of NOVEMBER Crt4g eller Executive Vice President, Chief Financial Officer & Secretary 2011 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois 0 STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas , or ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: BLACK ROCK CONSTRUCTION COMPANY ADDRESS OF NAMED INSURED: 282 SAINT CRISPEN AVE BREA, CA. 92821 POLICY NUMBER 340 0523-B18-75 EFFECTIVE DATE OF POLICY 11/08/11-09/15/12 DESCRIPTION OF VEHICLE (Including VIN) A ALL VEHICLES LIABILITY COVERAGE 0 YES ■ NO ■ YES III NO ■ YES ■ NO 0 YES 0 NO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b. Property Damage Each Accident c. Bodily Injury & Property Damage Single Limit Each Accident $1, 000, 000.00 PHYSICAL DAMAGE COVERAGES a. Comprehensive ❑ YES $ ❑ NO Deductible ► I YES ❑ NO III ■ NO IIIYES ■ NO $ 1, 000.00 Deductible $ Deductible $ Deducdble b. Collision 0 YES ❑ NO ❑ YES $ ■ NO ■ YES ❑ NO Deductible ■ YES • NO $ 1, 000. 00 Deductible Deductible $ $ Deductible EMPLOYERS UBtNON-OWNED RAGE ® YES 0 NO ■ YES • NO ■ YES • NO ■ YES • NO HIRED CAR LIABILITY COVERAGE ❑ YES 0 NO ►;2 YES IINO ■ YES IIINO ■ YES IINO FLEET -COVERAGE FOR ALL CLucEIISED MOTOR VEHICLES MOTOR 0 YES ■ YES ElNp'� III NO ■ YES ■ NO IN YES MI NO / l// t/lif/ rese Signature of A orized Repntative Name and Address of Certificate Holder CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED: CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS 1243 NATIONAL CITY BLVD NATIONAL CITY, CA. 91950 PROJECT NAME: NATIONAL CITY CONCRETE IMPROVEMENT PROJECT FY 11-12 SPECIFICATION NO.11-06 AGENT 8785/F419 Title Agent's Code Number Name and Address of Agent BRIAN NORCUTT, AGENT LICf0754692 605 E IMPERIAL HWY_ STE_ 4A BREA, CA. 92821 (714)256-8873 - Office (714)529-0957 - Fax 11/08/2011 Date INTERNAL STATE FARM USE ONLY: 0 Request permanent Certificate of Insurance for liability coverage. 122429.2 Rev. 06.10-2004 0 Request Certificate Holder to be added as an Additional Insured. - OP ID: DM "="' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ODIYYYY) 11/07/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 714-516-2960 Rohm Insurance Agency 26 Plaza Square, Suite 200 Orange, CA 92866 CONTACT PHON INC. N Ed); INC Nol; E-MAIL ADDRESS: PRODUCER BLAROCI CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Black Rock Construction Co. 282 North Saint Crispen Brea, CA 92821 INSURER A:Scottsdale Insurance Company 41297 INSURER B : Everest National Insurance Co. 10120 INSURER C : INSURER D INSURER E : INSURER F : • _---... .---•- ........... RG Y IpIVIY I.YI,IDGR; THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER (MM/DDPOLICY /YYYYTEF Y) POLICY EXP JMMIDDIYYTYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X BCS0024804 05/01/11 05/01/12 EACH OCCURRENCE $ 1,000,000 X DAEMGEISES (EMAS(RENaoccTEDurrence) PR $ 50,000 CLAIMS-MADE X MED EXP (Any one person) $ 5,000 PERSONALBADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X P- JFRCOT LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under Y/N N / A 7600008199111 11/01/11 11/01/12 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) CERTIFICATE HOLDER, ITS OFFICERS EMPLOYEES, AND AGENTS ARE NAMED ADDITIONAL INSURED GENERAL LIABILITY PER ATTACHED ENDORSEMENT. RE: NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT, FY 11.12, SPEC NO. 11-06.30 DAY NOTICE OF CANCELLATION WILL BE SENT BY REGISTERED MAIL. CANCELLATION NATIOCI CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • �ti.... II ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED: Black Rock Construction Co. POLICY NUMBER: BCS0024804 POLICY TERM: 05/01/11 TO 05/01/12 COMMERCIAL GENERAL LIABILITY CG20330704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Person(s) Or Organization(s): BLANKET PER CERTIFICATE OF INSURANCE Location And Description Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include B. as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional in- sured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these addition al insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectur- al, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engi- neering activities. 2. "Bodily injury", "property damage" occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 INSURED: Black Rock Construction Co. POLICY NUMBER: BCS0024804 POLICY TERM: 05/01/11 TO 05/01/12 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Person(s) Or Organization(s): BLANKET PER CERTIFICATE OF INSURANCE Location And Description Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page l of 1 cAl.tFO N1A T« 0.NAT C 1NCORPORATW CONCRETE IMPROVEMENTS PROJECT FY 11-12 Specification #11-06 Contractor: Black Rock Construction Company Reason/Purpose for this Change Order: There was a typographical error on the bid documents that listed the units bid for ADA pedestrian ramps as "SF", (per square foot), instead of "EA" for each. The bidding contractors were aware of this but had to bid the line item for the project as presented due to time constraints. Prices received for the "square foot price" are consistent with the industry for a square foot price of ADA pedestrian ramp. The apparent low bidder, Black Rock Construction Company's bid for this line item is $20.00 per square foot. An expected bid price for "each" pedestrian ramp would be between $1,500-$2,000. The City wished to install 24 pedestrian ramps instead of 24 square feet of pedestrian ramp. Due to the excellent low bid prices the City would like to increase the ADA pedestrian ramp square footage to add 2,800 square feet at the contractor's price of $20.00 per square foot for an additional cost of,$56,000. This will construct an estimated 32 ADA pedestrian ramps. CHANGE ORDER NO. 1 October 17, 2011 The City of National City and Contractor agree to the following change to the original Contract: The Contractor and the City agree to add 2,800 square feet to the square foot units of line item #2,"Remove and Replace Pedestrian Ramps per G-28, G-29, or G-31 with Truncated Domes (G-30)", of the San Diego Regional Standard Drawings and that the Contractor will install these ramps per the contract documents. The Contractor and City agree that the Contractor shall be paid for all additional square footage in excess of the original bid amount of 24 square feet by up to an additional 2,800 square feet at the original bid cost of $20.00 per square foot and that all costs included and requirements of the original bid shall apply and there shall be no other additional costs or deductions. **Special Note: This Change Order requires Council approval before it can become part of the contract. Original Contract Amount Net change by previously authorized Change Orders Subtotal 89,797.00 Amount of this change order New contract amount $ Working days added: 5 Working days subtracted: 0 Percent change in Contract to date 62.36% Submi -d by: y ngineer 89,797.00 56,000.00 145,797.00 lam..at- e..1I D City Managers regt'r Change Orders 424,999 te By signing this Change Order the Contractor confirms that he/she is completely familiar sTerms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide a of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms and conditions of the original contract documents are incorporated herein. Accepted and agreed to by Black Rock Construction Company.' Z (--1 Date Note to Contractor: ou do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may pr ed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. Originals: City Clerk, Contractor cc: Engineering project file, Project Manager 1243 National City Boulevard, National City, CA 91950 Telephone (619) 336-4380 RESOLUTION NO. 2011 — 236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BLACK ROCK CONSTRUCTION COMPANY IN THE AMOUNT OF $145,797.50, INCLUSIVE OF CHANGE ORDER NO. 1 IN THE AMOUNT OF $56,000, AND AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $14,579 FOR ANY UNFORESEEN CHANGES TO THE NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT WHEREAS, the Engineering Division of the Development Services Department, in open session on October 3, 2011, did publicly open, examine, and declare four sealed bids for the National City Concrete Improvements Project ("Project"); and WHEREAS, the City desires to increase the ADA pedestrian ramp square footage by 2,800 square feet, from the original bid amount of 24 square feet, which requires a change order in the amount of $56,000; and WHEREAS, a 10% contingency amount up to $14,579 for unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Concrete Improvements Project to the lowest responsive, responsible bidder, to wit: BLACK ROCK CONSTRUCTION COMPANY 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 $145,797.50 with Black Rock Construction Company for the National City Concrete Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute on behalf of the City Change Order No. 1 in the amount of $56,000 to add 2,800 square feet of ADA pedestrian ramps to what was originally stated in the bid package, which amount is already included in the contract amount of $145,797.50. Said Change Order No. 1 is on file in the office of the City C!erk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $14,579 for unforeseen changes to the Project. PASSED and ADOPTED this 1st day of NovembR011. on Morrison, Mayor ATTEST: Michael R. Della, City Clerk Passed and adopted by the Council of the City of National City, California, on November 1, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 1 City Cl rk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-236 of the City of National City, California, passed and adopted by the Council of said City on November 1, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT C ;U1\'JL, MEETING DATE: November 1, 2011 AGENDA ITEM NO. 3 EM TITLE: Resolution of the City Council of National City awarding a contract to Black Rock Construction Company, in the amount not -to -exceed $145,797.50, inclusive of Change Order 1 in the amount of $56,000 and authorize a 10% contingency in the amount of $14,579 for any unforeseen changes to the project for the National City Concrete Improvements Project, Specification 11-06. (Funded CDBG & CDBG-R funds) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Developm S ' es -Engineering Divisio APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funds are available in expenditure account 301-409-500-598-6137 (Concrete Improvements) in the amount of $145,797.50 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Cost Proposal worksheet (three lowest bidders) 3. Resolution On October 3, 2011, four bids were received and opened for the City of National City Concrete Improvement Project, Specification 11-06. The lowest responsive bidder was Black Rock Construction Company with a proposed bid amount of $89,797.50. There was a typographical error on the bid documents that listed the units bid for ADA pedestrian ramps as "SF" (per square foot) instead of "EA" (each). The bidding contractors were aware of this but had to bid the line item for the project as presented. Prices received for the "square foot price" are consistent with the industry for a square foot price of ADA pedestrian ramp. The apparent low bidder, Black Rock Construction Company's bid for this line item is $20.00 per square foot. An expected bid price for "each" pedestrian ramp would be between $1,500 and $2,000. The City wished to install 32 pedestrian ramps instead of 24 square feet of pedestrian ramp. Due to the excellent low bid prices the City would like to increase the ADA pedestrian ramp square footage to add 2,800 square feet at the contractor's price of $20.00 per square foot for an additional cost of $56,000. This will construct an estimated 32 ADA pedestrian ramps. The Contractor and the City agree to add 2,800 square feet to the square foot units of line item #2,"Remove and Replace Pedestrian Ramps per G-28, G-29, or G-31 with Truncated Domes (G-30)", of the San Diego Regional Standard Drawings and that the Contractor will install these ramps per the contract documents. The Contractor and City agree that the Contractor shall be paid for all additional square footage in excess of the original bid amount of 24 square feet by up to an additional 2,800 square feet at the original bid cost of $20.00 per square foot and that all costs and requirements of the original bid shall apply and there shall be no other additional costs or deductions. This Change Order requires Council approval before it can become part of the contract. The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for your information. Black Rock Construction Company has satisfactorily performed this type of work in the past for the City and therefore is found to be qualified for such construction improvements. Staff reviewed bid documents and recommends that Council award the contract to Black Rock Construction Company in the not to exceed amount of $145,797.50 that includes Change Order 1 in the amount of $56,000 and authorize a 10% contingency in the amount of $14,579 for any unforeseen changes to the project. t.oncr nprovements rroject ck Rock Construction Crest Equipment Pal Gen, ingineering NO. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE _ AMOUNT UNIT PRICE AMOUNT 1 Remove and Replace PCC SideWalk Panels (G-7) 8000 SF 6.75 54,000.00 6.75 54,000.00 9 72,000.00 2 Remove and Replace Pedestrian Ramps per G-28, G- 24 SF 20 480.00 22.5 540.00 75 1,800.00 3 Remove and Replace Driveway Apron Per G-14 692 SF 8.75 6,055.00 12 8,304.00 12 8,304.00 4 Remove and Replace (in -kind) Curb & Gutter per 65 LF 40 2,600.00 36 2,340.00 59 3,835.00 5 Remove and Replace Curb only per G-1 98 LF 30 2,940.00 29 2,842.00 39 3,822.00 6 Remove and stump trees, re grade 4 EA 500 2,000.00 800 3,200.00 1250 5,000.00 7 Preserve historic Stamps in Concrete 2 EA 150 300.00 500 1,000.00 250 500.00 8 Remove and Replace Unsuitable Subgrade with 50 TN 85 4,250.00 48 2,400.00 90 4,500.00 9 Remove and Replace Alley Apron (G-17) 374 SF 8.75 3,272.50 12 4,488.00 8 2,992.00 10 Variable Thickness Asphalt Concrete 90 TN 150 13,500.00 185 16,650.00 179 16,110.00 11 Install Root Barriers 40 LF 10 400.00 28 1,120.00 25 1,000.00 Additive #1 (not awarded) Total: 89,797.50 96,884.00 119,863.00 Remove &:Replace PCC Sidewalk Panels•(G 7) 3360 : ^ SF. . :6.75 $22;680 00:: 6 75 :::.: $22;680.00 '•_<I 1 $36;960.00 s< Reiiiove aiid Replace Pedestrian: Ramp:per G 28, G<29, of r 31 wiih truncated doi es (G-34) 4 ::: EA 2000 .. :: $8,000 00 2800:: $1.1,200. 00: 1975 $7,90600 .Remove:& Relilaee DrivewayApron (G.14)-MO SF:.. 9 :: $:7,70U 00 12::': :$3;600 00:: .9...;.-: -:$2;:700 00 > Grand Total: $ 123,177.50 $ 134,364.00 $ 167,423.00 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BLACK ROCK CONSTRUCTION COMPANY IN THE AMOUNT OF $145,797.50, INCLUSIVE OF CHANGE ORDER NO. 1 IN THE AMOUNT OF $56,000, AND AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $14,579 FOR ANY UNFORESEEN CHANGES TO THE NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT WHEREAS, the Engineering Division of the Development Services Department, in open session on October 3, 2011, did publicly open, examine, and declare four sealed bids for the National City Concrete Improvements Project ("Project"); and WHEREAS, the City desires to increase the ADA pedestrian ramp square footage by 2,800 square feet, from the original bid amount of 24 square feet, which requires a change order in the amount of $56,000; and WHEREAS, a 10% contingency amount up to $14,579 for unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Concrete Improvements Project to the lowest responsive, responsible bidder, to wit: BLACK ROCK CONSTRUCTION COMPANY 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 $145,797.50 with Black Rock Construction Company for the National City Concrete Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute on behalf of the City Change Order No. 1 in the amount of $56,000 to add 2,800 square feet of ADA pedestrian ramps to what was originally stated in the bid package, which amount is already included in the contract amount of $145,797.50. Said Change Order No. 1 is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $14,579 for unforeseen changes to the Project. PASSED and ADOPTED this 1st day of November, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva, City Attorney November 3, 2011 CALIFORNIA -+ &TIO LClinr `--- INCORPORATE Black Rock Construction 282 N. Street Crispen Brea, CA 92821 Attn: William Goshen, President Project: NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12 SPECIFICATION NO. 11-06 Subject: NOTICE OF CONTRACT AWARD Dear Mr. Goshen : Congratulations! You are the low bidder for the above mentioned project. The National City City Council, met on November 1, 2011, for approval and award of a contract to your company for the National City Concrete Improvements Project FY 11-12. We look forward to a cooperative and enjoyable experience in the construction of this project. The award is for a total amount of $145,797.50. This is your Notice of Contract Award. Pursuant to Section 2-1.2(a) of Part One of the Special Provisions, you shall execute the contract agreement with the City and submit the necessary documents within five (5) days of this Notice of Award. Please submit the following to this office no later than November 8, 2011. The enclosed Contract Agreement executed in triplicate original. Return all three copies to the City. One fully executed copy will be forwarded to you. 2. The enclosed Performance Bond form for 100 percent of contract amount (Project Specification Section 2-4). 3. The enclosed Payment Bond form for 100 percent of contract amount (Project Specification Section 2-4). 4. The enclosed Emergency Notification List General Liability Insurance (Limits shall be in accordance with Project Specifications Section 7-3) Engineering Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4397 www.nationalcityca.gov 6. Worker's Compensation Insurance Certificate as required by Section 3700 of the California Labor Code. 7. A copy of your City of National City Business License for your Company and your subcontractors. Insurance policies must provide that they remain in force for not less than 30 days after notice to City of expiration or cancellation, and liability policies shall name the City of National City as additional insured. Your insurance will not be accepted if this requirement is not met and evidenced in your submitted documents. We must review and approve these documents before we can issue a Notice to Proceed. In order to expedite the project progress, it is recommended that the submittals as required in Section 2-5.4.2 of project specifications be provided as soon as possible. Your City Contact is Barby Tipton at (619) 336-4583 for assistance in expediting the processing of these documents. The City would like to proceed with this project as soon as possible. The Project Manager is Byron Wade he can be reach at (619) 244-3418. Sincerely aryam Bai. i, P.E. Development Services Director/City Engineer Enclosures cc: City Clerk Risk Manager tcjnaz spec/Noa I 1-01 CONTRACT NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 THIS CONTRACT, made and entered into this 151 day of November, 2011 by and between the City of National City, California, herein after designated as the "City", and Black Rock Construction, Co., 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 CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 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 judgment may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 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. CONTRACT (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: Title: By: Title: Federal ID. No. CITY: By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) CONTRACT (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. 1, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: CONTRACT (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) ) ss On this day of , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: PERFORMANCE BOND NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2011-236, passed the 1" day of November, 2011 has awarded to Black Rock Construction Company, hereinafter designated as the "Principal", the NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Forty -Five Thousand Seven Hundred Ninety Seven Dollars and 50 Cents ($145,797.50) 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 CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 In the event suit is brought upon this bond by the City of National City and judgement is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of 2011. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal APPROVED AS TO FORM: By: Claudia Silva City Attorney PERFORMANCE BOND (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Conunission expires: PAYMENT BOND NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2011- 236, passed the 1`h day of November, 2011 has awarded to Black Rock Construction Company, hereinafter designated as the "Principal", the NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT, FY 11-12 SPECIFICATION NO. 11-06. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Forty -Five Thousand Seven Hundred Ninety Seven Dollars and 50 Cents ($145,797.50) 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 California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. PAYMENT BOND (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 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 thereof, 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 day of , 2011. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal APPROVED AS TO FORM: By: Claudia Silva City Attorney PAYMENT BOND (CONTINUED) NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: EMERGENCY NOTIFICATION LIST NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT FY 11-12, SPECIFICATION NO. 11-06 DATE: In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name Emergency Telephone Number(s) Name Emergency Telephone Number(s) I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax BLACK ROCK CONSTRUCTION COMPANY National City Concrete Improvements Project, FY 11-12 Specification 11-06 Contract Award and Change Order #1 Judy Hernandez (Engineering) Forwarded Contract to Contractor No. Amount Earned CALIFORNIA NATIONAL CCITT H CORPoRATED Concrete Improvements FY 11-1 2 Specification # 1 1-06 INVOICE COVER SHEET AND PAYMENT SUMMARY RETENTION INVOICE COVER January 1 6, 201 2 Retention Original Contract Amount: Original Contract with Change Orders Net Earning Running Total $ 89,797.00 $ 145,797.00 Amount Remaining Percent Paid 1 66,870.25 (6,687.03) 60,183.23 60,183.23 85,613.78 41.28% 2 3 4 5 6 7 8 9 10 11 12 13 14 66,870.25 (6,687.03) Submitted by: ck Rock Szonstruction Companyf, Inc. Date Totals AMOUNT DUE THIS INVOICE: Approved by: i E gineering Dept Ci y Engineer 60,183.23 Date Date 26- City of National City National City Concrete Improvements Project FY 1 1-1 2 Specification No. 1 1-06 BILLING STATEMENT NO. 1 January 16, 2012 Original Contract Previous Billing This Billing To Date Delta No. Item Unit Quantity Unit Price Amount Quantity Amount Quantity Amount Quantity Amount 1 Remove and replace PCC sidewalk (G- 7) SF 8,000 6.75 54,000.00 - - 2,988.00 20,169.00 2,988.00 20,169.00 (33,831.00) 2 Remove and replace pedestrians ramps per G-28, G-29, or G-31 with truncated domes (G-30) SF 24 20.00 480.00 - - - _ - (480.00) 3 Remove and replace driveway apron (G- 14) SF 692 8.75 6,055.00 - - 121.00 1,058.75 121.00 1,058.75 (4,996.25) 4 Remove and replace (in -kind) curb and gutter (Modified G-2) or curb only (G- LF 65 40.00 2,600.00 - - 55.00 2,200.00 55.00 2,200.00 (400.00) 5 Remove and replace curb only (G-1) LF 98 30.00 2,940.00 - - 98.00 2,940.00 98.00 2,940.00 - 6 Remove and stumpe trees, re grade EA 4 500.00 2,000.00 - - - - - - (2,000.00) 7 Preserve historic stamps in concrete EA 2 1 50.00 300.00 - - 2.00 300.00 2.00 300.00 - 8 Remove and replace unsuitable TON 50 85.00 4,250.00 - - - - - (4,250.00) 9 Remove and replace alley apron (G-17) SF 374 8.75 3,272.50 - - 318.00 2,782.50 318.00 2,782.50 (490.00) 10 Variable thickness asphalt concrete TON 90 150.00 13,500.00 - - - - - - (13,500.00) 11 Install root barriers LF 40 10.00 400.00 - - - - - (400.00) Change Orders 1 Remove and replace pedestrians ramps per G-28, G-29, or G-31 with truncated domes (G-30) SF 2,800 20.00 56,000.00 - - 1,871.00 37,420.00 1,871.00 37,420.00 (18,580.00) TOTALS: 145,797.50 - 66,870.25 66,870.25 (78,927.25) Black Rock Construction 282 N. St. Crispen Brea, Ca. 92821 PHONE (714) 264-6297 FAX (714) 632-1230 Progress Estimate No.: 1 Job Location: NATIONAL CITY PO No.: CONC. IMPR FY 11-12 Account No.: Date: 6-Nov 1/17/2012 DESCRIPTION CONTRACT PRICE 1 UNIT CONTRACT QUANTITY QUANTITY OR PRE -REPORTED ITEM NO. QUANITY OR / THIS ESTIMATE AMOUNT THIS ESTIMATE TOTAL QUAN. OR / TO DATE TOTAL AMOUNT DUE R & R SIDEWALK $ 6.75 8,000 0.00 1 2,988.00 $ 20,169.00 2,988.00 $ 20,169.00 R & R RAMPS $ 20.00 24 0.00 2 0.00 $ - 0.00 $ - R & R DRIVEWAY $ 8.75 682 0.00 3 121.00 $ 1,058.75 121.00 $ 1,058.75 R & R CURB & GUTTER $ 40.00 65 0.0 4 55.00 $ 2,200.00 55.00 $ 2,200.00 R & R CURB ONLY $ 30.00 98 0.0 5 98.00 $ 2,940.00 98.00 $ 2,940.00 R & R TREE STUPMS $ 500.00 4 0.0 6 0.00 $ - 0.00 $ - PRESERVE HISTORIC STAMPS $ 150.00 2 0 7 2.00 $ 300.00 2.00 $ 300.00 R & R BAD SOIL $ 85.00 50 0 8 0.00 $ - 0.00 $ - R & R ALLEY APPROACH $ 8.75 374 0 9 318.00 $ 2,782.50 318.00 $ 2,782.50 R & R ASPHALT $ 150.00 90 0 10 0.00 $ - 0.00 $ - INSTALL ROOT BARRIER $ 10.00 40 0 11 0.00 $ - 0.00 $ - $ - 0 0 0.00 $ - 0.00 $ - $ - 0 0 0.00 $ - 0.00 $ - $ - 0 0 0.00 $ - 0.00 $ - CHANGE ORDER #1 $ 20.00 2,800 0 1,871.00 $ 37,420.00 1,871.00 $ 37,420.00 $ - 0 0 0.00 $ - 0.00 $ - $ - 0 0 0.00 $ - 0.00 $ - $ - 0.00 $ - $ - $ - $ - $ - $ - Item # 0 Job # TOTAL $ 66,870.25 $ 66,870.25 Thru 1/16/2012 Date LESS RETENTION $ 6,687.03 $ 6,687.03 Est. Date LESS BILLING(S) $ - A/P Date TOTAL AMOUNT DUE $ 60,183.23 I , $ 60,183.23 osteo G/L # ate Pay Date