HomeMy WebLinkAboutCC RESO 15,977RESOLUTION NO. 15,977
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY DECLARING GEHARD P. LUTZ THE LOWEST RESPONSIBLE
BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH GEHARD P. LUTZ
(ENGINEERING PROJECT NO 1022)
WHEREAS, the Engineering Department of the City of
National City did in open session on May 30, 1989, publicly
open, examine and declare all sealed proposals or bids for
the street improvements at 5th Street and "V" Avenue, and the
removal of a portion of an existing duplex at the southwest
corner of 5th and "V" Avenue in the City of National City,
(Engineering Project No. 1022).
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City
Council of the City of National City hereby rejects all of
said bids except that herein mentioned, and hereby awards the
contract for street improvements at 5th Street and "V"
Avenue, and the removal of a portion of an existing duplex at
the southwest corner of 5th and "V" Avenue in the City of
National City, (Engineering Project No. 1022) to the lowest
responsive bidder, to wit:
GEHARD P. LUTZ
BE IT FURTHER RESOLVED by the City Council of the
City of National City, California, that the Mayor is hereby
authorized to execute on behalf of the City, a contract
between GEHARD P. LUTZ and the City of National City to
provide for the street improvements in accordance with
Engineering Project No. 1022.
PASSED and ADOPTED this 6th day of June, 1989.
GEORGE�WATERS, MAYOR
ATTEST:
LO I ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III
CITY ATTORNEY
CONTRACT
SPECIFICATION NO. 1 0 2 2
June . 19
THIS AGREEMENT, made this, the 6th day of "pWNER", acting
89 by and between City of Natio—nal C y� hereinafter ca *OW business as
r a through its �rtnership)and
(al) P doing corporation o the City o
(anCo Individual) (s an and State of Calif or
County of San Diego
'hereinafter called ^CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements
CONTRACTOR
R hereby
to
with theand performed by OWNER to commencehe OWNER, the
and complete the
CONTRACTOR hereby agrees
construction described as follows: Street Improvements at 5th Street and "V"
Avenue (Northwest side), and House Removal.
hereinafter called the project, for the sum Dof Thirty
Othous0.and f) and nr dra ra work
fifty dollars and 00/100
in connection therewith, under the terms as stated in the General
alaand
e Specialto
isiol ofh the Cmaterials,
s; and at
ma machinery, equipment, toolshis (its or their) own , superintendence, labor,
furnishnalle the materials, sup, to
said project
ojectsales ctax, and other cordance with the econditionsand
and services
stated in the Bidder's
said
Proposal, the General Provisions and Special Provisions of the
and printed Contract,
Plans,
which include all maps, plats, blueprints, and other drawings,
explanatory matter thereof, the specifications and contract documents therefore, all
which are made a part hereof and collectively evidence and constitute the Contract.
The CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in a written "NOTICE TO PROCEED" of the
ftOWNER
and to fully complete the project aistliquidated damages, 45 the of $ 250.00
The
CONTRACTOR further e agrees tao pay,
for each consecutive calendar day that he is in excess of the time specified or
completion.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject � and toons makend payments ions, as provied on account thereof in the General
Provisions theof Contract,
(1) Correct name of Contractor
CONTRACT
-11-
IN WITNESS WHEREOF, the parties to these presents have executed this contract
in four (4) counterparts, each of which shall be deemed an original, in the year and
day first above mentioned.
Licensed in accordance with )
an Act providing for the )
registration of Contractors. )
LICENSE NO. 2 s9 45-9 )
LICENSE TYPE h'` )
CITY LICENSE ! O / / )
CITY OF NATIONAL CITY
ffi al Ue '
gat-O .ivim%•D(-0
Business Address Z O
CORPORATE CERTIFICATE
1, , certify that I am the
Secretary of the corporation names 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)
INDIVIDUAL/PARTNERSHIP CERTIFICATE
Subscribed and swo to before me this
7-y' 9- day of � , 19
NOTARY PUBLIC 1,N, ND FOR SAID COUNTY
AND STATE f `fG
(SEAL) //1 �� yp
My Commission p6 Pa'S5
Print or type name o ffia
CONTRACT
-12-
w I ,� OFFLCIAI BSAt
/6' JOHN G. PRESSLER
' of ROTARY MU((ALIFORRIA
s - "� PRINCIPAL OFFICE IN
ALL SAN DIEGO COUNTY
My Commission Expires March 76, 1?4O>
W1� iti�✓v-�V,
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS; That
WHEREAS, CITY OF NATIONAL CITY, by Resolution No. 15,977 passed
June 6 19,89 has awarded to Gehard P. Lutz
hereinafter designated as the "Principal" a contract for:
SPECIFICATION NO. 1022
411.0.
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said contract;
Aft
NOW, THEREFORE, We the Principal, and
as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter
called the "OWNER", in the penal sum of Thirty Thousand Four Hundred fifty
dollars and 00/100 DOLLARS ($ 30,450.00 ), lawful
money of the United States of America, for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH that if the above -bounded
Principal, shall perform the covenants, in the said contract in a manner that is
satisfactory and acceptable to the Owner and if all materials and workmanship
supplied by said Principal are free from original or developed defects appearing within
one year from the date of acceptance of the work by the Owner, and if the
Contractor at his own expense makes good such defects and failures and makes all
replacements and adjustments required, within a reasonable time after being notified
by the Owner so to do, and shall indemnify and save harmless the OWNER, its
officers and agents, 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 anywise affect its
obligation of this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the contract, or to the work or to the
specifications. This bond shall be maintained by the contractor in full force and
effect during the performance of the work of the contractor and for a period of one
year after the date of acceptance of the work by the Owner.
In the event suit is brought upon this bond by the OWNER and judgement is
recovered, the surety shall pay all costs incurred by the OWNER in such suit
including a reasonable attorney's fee to be fixed by the court.
PERFORMANCE BOND
(100% of Contract) -14A-
final
PROVIDED, FURTHER, that
te right of any beneficiary hereunder, whose claim may no settlement
CONTRACTOR
OR shall abridge the
be unsatisfied.
IN 'WITNESS % B E R E O F, this instrument is executed in fouro(4) countef 'rparts, each one
of which shall be deemed an original, this the 19
day
Subscribed and sworn to before me this Principe (Print or Type)
day of , 19
By:
NOTARY PUBLIC IN AND FOR SAID (Title)
COUNTY AND STATE
(SEAL)
My Commission expires
Print or type name of affiant
Address
Phone Number
Subscribed and sworn to before me this Surety (Print or Type)
day of 19
NOTARY PUBLIC IN AND FOR SAID Surety Address
COUNTY AND STATE
(SEAL)
My Commission expires
Print or type name of affiant
NOTE: Date of Bond must not be
prior to date of Contract
PERFORMANCE BOND -14B-
(10096 of Contract)
Surety Phone
By:
Attorney -in -fact
Address - Attorney -in -fact
Phone - Attorney -in -fact
Surety Agent for Service of Process
Address
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That 15,977 passed
WHEREAS; CITY OF NATIONAL CITY, by Resolution No.
June 6 , 19 89 has awarded to Gehard P. Lutz_
tkereinafter designated as the "Principal", a contract for:
SPECIFICATION NO. 10 2 2
WHEREAS, said Principal is required to furnish a bond in connection with said
contract providing that if said Principal or any of his or its subcontractors shall fail
to pay for any materials, provisions, provender or other supplies used in, upon, for, or
about the performance of the work contracted to be done or for any work or labor
done thereon of any kind, or for amounts
se due
tunder the
the extent hereinafter set forth;
Act,
the Surety on this bond will pay the
NOW, THEREFORE, We the Principal and
as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter
called "OWNER", in the penal sum of Fifteen Thousand Two Hun lawful money of the
d Twenty
five dollars and 00/100 DOLLARS ($ 15.225.00
united States of America, 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 or
its subcontractors, heirs, executors, administrators, successors, or assigns shall fail to
pay for any materials, provisions, provender or other supplies used in, upon, for or
about the performance of work contracted to be done, or for any work or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act, as
required by the provisions of Sections 4200 and 4208 inclusive Government Code, then
said Surety will pay the same in or to an amount not exceeding the amount
hereinabove set forth; and also will pay in case suit is brought upon this bond such
reasonable attorney's fees, as shall be fixed by the Court, awarded and taxed as in
the above -mentioned statute provided.
This bond shall insure to the benefit of any and all persons companies and
corporations entitled to file claims under Section 1192.1 of the California Code of
Civil Procedure, so as to give a right of action to them or their assigns in any suit
brought under this bond.
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 anywise affect its obligations on this bond and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the
contract, or to the work or to the specification.
LABOR -MATERIAL BOND -13A-
(50% of Contract)
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may
be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts,
19each one
of which shall be deemed an original, this the day of - ,
Subscribed and sworn to before me this
day of , 19 _ Principal (Print or Type)
BY:NOTARY PUBLIC IN AND FOR SAID (Title)
COUNTY AND STATE
( SEAL)
My Commission expires
Print or type name of affiant
Address
Phone Number
Subscribed and sworn to before me this
day of , 19 _ Surety (Print or type)
NOTARY PUBLIC IN AND FOR SAID Surety Addres
COUNTY AND STATE
(SEAL)
My Commission expires
Print or type name of affiant
NOTE: Date of Bond must not be
prior to date of Contract
LABOR do MATERIAL BOND
(50% of Contract) -13B-
Surety Phone
By:
Attorney -in -fact
Address -Attorney -in -fact
Phone -Attorney-in-fact
Surety Agent for Service of
Process
Address
EMERGENCY NOTIFICATION LIST
The Contractor shall provide the names, addresses and telephone numbers of three
different responsible persons who can be contacted in an emergency situation who will
have the authority to act in the Contractor's absence.
PHONE
During After
NAME ADDRESS Working hours Working hours
1. Eoll6g)t0 5?,1). $gv� �'� - z/91a
2. 11
/4 U � Ic // ei,1/14 P • 1 io) lS,S -4C r73
3. .ft t i36/2.1 O ��� 5 �•�G�� (e o 5G�3
• EMERGENCY NOTIFICATION LIST -15-
form W.9
(October 1983)
a .neepartment of theTreastoy
"ernat Revenue Service
Harness snown on account (if joint ?' J joint owner's narge)
tAddress
City. site. *IOW code
!L t 6 72—S i 1> E C t4 . 9 Z-S0.5-
Payer's Request for Taxpayer
Identification Number
1
List account number(s) here (See Instructions)", _.._...... ..»_. --• •-..»....._._..............» -- . _ » » » » »
PART I. —Taxpayer Identification Number
Enter the taxpayer identification number in the
appropriate box. For most individual taxpayers,
this is the social security number.
Note: if the account is in more than one name,
see the chart on page 2 forguidelines on which
number togive the payer.
Social security number
OR
Employer identification number
2.3 .00214i3
PART 11.—Backup Withholding On
Accounts Opened After
12/31/83
Check the box if you
are NOT subject to
backup withholding
under the provisions of
section 3406(a)(1XC)
of the Internal Revenue
Code
(See Highlight below.)
Certification. —Under the pey+;>tlties of perjury, 1 certify that the information provided on this form is true, correct, and complete.
Signature ►
Instructions (Section references are to the In Revenue Code.)
Highlight for Interest or Dividend Acco is Opened After
.12/31/83—Backup Withholding
'ou may be notified that you are subject to backup withholding under
section 3406(aX1)(C) because you have underreported interest or
dividends or you were required to but failed to file a return which would
have included a reportable interest or dividend payment. If you have NOT
been so notched. check the box in PART II. Note: Backup withholding may
apply to existing accounts as well as accounts opened after December 31.
1983.
Caution: There are other situations where you may be subject to backup
withholding. Please read the instructions below carefully.
Purpose of Form
Use this form to report the taxpayer identification number (TIN) of the
record owner of the account to the payer (or broker).
Beginning January 1, 1984, payers must generally withhold 2096 of
taxable interest. dividend. and certain other payments if you fail tofurnish
payers with the correct taxpayer identification number (this is referred to as
backup withholding). For most individual taxpayers. the taxpayer
identification number is the social security number.
To prevent backup withholding on these payments, be sure to notify
payers of the correct taxpayer identification number and. for accounts you
open after December 31. 1983. property certify that you are not subject to
backup withholding under section 3406(a)(1XC).
You may use this form to certify that the taxpayer identification number
you are giving the payer is correct and. for accounts opened after
December 31. 1983. that you are not subject to backup withholding..
If the payer provides a different form than Form W-9 to request the
taxpayer identification number, please use it.
Backup Withholding
You are subject to backup withholding if:
(1) You fail to furnish your taxpayer identification number to the payer, OR
(2) The Internal Revenue Service notifies the payer that you furnished an
incorrect taxpayer identification number, OR
(3) You are notified that you are subject to backup withholding (under
section 3406(a)(1XC)), OR
(4) For an interest or dividend account opened after December 31,
1983. you fail to certify to the payer that you are not subject to backup
withholding under (3) above, or fail to certify your taxpayer identification
number.
For payments other than interest or dividends, you are subject to backup
withholding only d (1) or (2) above applies.
(See the section on the back titled "Payees Exempt from Backup
Withholding.")
Date ► 7/3 6 `
Payments of Interest,, Divi ends, and Patronage
Dividends
Accounts Opened Before January 1, 1984
To certify that the taxpayer identification number is correct for accounts
opened before January 1, 1984. fill out your name and address, enter your
account number(s) (if applicable), complete Part 1, sign and date the form
and return it to the payer.
Accounts opened After December 31, 1983
To certify that the taxpayer identification number is correct and that you are
not subject to backup withholding under section 3406(aX1)(C) for accounts
opened after December 31. 1983. till out your name and address, enter
your account number(s) (if applicable), complete Parts land 11, sign and
date the form and retum it to the payer.
It you are subject to backup withholding and are merely providing your
correct taxpayer identification number to the payer, fill out your name.
address, enter your account number(s) (if applicable), and complete Part 1.
Other Payments
1f you are merely providing your correct taxpayer identification number to
the payer for payments other than interest, dividends, and patronage
dividends, you need not sign this form. Fill out your name and address,
enter your account number(s) (if applicable), complete Part I and return
the form to the payer.
Account Numbers
11 you have more than one account with the same payer (for example, a
savings account and a certificate of deposit at the same bank), the payer
may request a separate Form W-9 for each account depending on how the
payer's records are kept.
What Number to Give the Payer
Give the payer the social security number or employer identification
number of the record owner of the account. If the account belongs to you
as an individual, give your social security number. If the account is in more
than one name or is not in the name of the actual owner, see the chart on
page 2 for guidelines on which number to report.
Obtaining a Number •
N you don't have a taxpayer identification number or you don't know your
number. obtain Form SS-5, Application for a Social Security Number Card,
or Form SS-4, Application for Employer Identification Number, at the local
office of the Social Security Administration or the Internal Revenue Service
and apply for a number. Write 'applied for' in Part 1 in place of your
number. When you get a number, submit a new Form W-9 to the payer.
(Give this form to the payer, not to the Internal Revenue Service)
Form W9 (10.83)
San Diego
N��Bank�
Post Office Box 12605 An Equal
San Diego, California Opportunity
92112-3605 Lender,
Phone 619-231-4989 Member FDIC
FAX 619-233-7017
IRREVOCABLE LETTER OF CREDIT
DATE: June 30, 1989
TO: City of National City
1243 National City Blvd.
National City, CA 92050
Attention: Engineering Department
Letter of Credit No.
Amount Expiration Date
1297 USD $ 45,675.00 01/05/90
At the request of our customer J. Edwin Cheneweth, we hereby
establish our irrevocable letter of credit in your favor for the
account of:
GEHARD P. LUTZ
available by your drafts drawn at SIGHT on San Diego National
Bank for any sum or sums not exceeding a total of **USD
Forty Five Thousand Six Hundred Seventy Five and No/100 ** as
more specifically outlined below:
Purpose: Specification No. 1022
For street improvements on property located at 5th Street and V
Avenue, (Northwest side) and house removal, National City,
California.
This letter of credit is in lieu of a Performance Bond.
Documents Required:
We undertake to honor your drafts when accompanied by
Beneficiary's signed statement on their letterhead stating that
street improvements at 5th Street and V Avenue, (Northwest side)
and house removal, National City, California have failed to meet
the standards required of that certain building permit.
All drafts under this letter of credit must be marked
"Drawn under letter of credit of San Diego National Bank
No. 1297 dated June 30, 1989".
This letter of credit is non -transferable.
Letter of Credit #1297
City of National City
June 30, 1989
Page 2
This credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revisions), International Chamber of
Commerce Publication No. 400.
Sincerely,
Marcia I. Cowan
Vice President