HomeMy WebLinkAbout2004 CON Penhall Company - Removal of Woden St Bridge()RIM'
CONTRACT
Removal of Woden Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10.
THIS CONTRACT, made and entered into this 16th day of March, 2004 by and between the
City of National City, California, herein after designated as the "City", and Penhall Company,
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: REMOVAL OF WODEN STREET PEDESTRIAN OVERCROSSING, SPECIFICATION
NO. 97-10.and to perform and complete in a good and workmanlike manner all the work
pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper
cost and expense all tools, equipment, labor and materials necessary therefore; and to do
everything required by this agreement and the said plans and specifications.
2. For furnishing all said materials and labor, tools and equipment, and doing all the work
contemplated and embraced in this Contract, also for all loss and damage arising out of the
nature of the work aforesaid, or from the action of the elements, or from any unforeseen
difficulties which may arise or be encountered in the prosecution of the work until its acceptance
by the City and for all risks of every description connected with the work; also, for all expenses
incurred by or in consequence of the suspension or discontinuance of work, except such as in
said specifications are expressly stipulated to be borne by the City and for well and faithfully
completing the work and the whole thereof, in the manner shown and described in the said plans
and specifications, the City will pay and the Contractor shall receive in full compensation
therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several
items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the
case may be.
3. The City hereby promises and agrees to employ, and does hereby employ said Contractor
to provide the materials and to do the work according to the terms and conditions herein
contained and referred to for the price aforesaid and hereby conditions set forth in the
specification; and the said parties for themselves, their heirs,
CONTRACT (CONTINUED)
Removal of Woden Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10..
executors, administrators, successors and assigns, do hereby agree to the full performance of the
covenants herein contained.
4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and
Specifications, General Provisions and Special Provisions, and all amendments thereof, are
hereby incorporated in and made part of this Contract.
5. The Contractor shall assume the defense of and indemnify and save harmless the City of
National City and its officers, employees, and agents, including the private engineer, from all
claims, loss, damage, injury and liability of every kind, nature and description, directly or
indirectly arising from this Contract, or the performance of the work, regardless of responsibility
or negligence.
6. Claims, disputes and other matters in question between the parties to this Contract, arising
out of or relating to this Contract or the breach thereof, may be decided by arbitration if both
parties to this Contract consent in accordance with the rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out
of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any
additional person not a party to this Contract except by written consent containing a specific
reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to
be joined. (Any Consent to arbitration involving an additional person or persons shall not
constitute consent of any dispute not described therein or with any person not named or
described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional
person or persons duly consented to by the parties to this Contract shall be specifically
enforceable under the prevailing arbitration law.
Notice of the demand for arbitration is to be filed in writing with the other party to this
Contract and with the America Arbitration Association. The demand is to be made within a
reasonable time after the claim, dispute or other matter in question has arisen. In no event is the
demand for arbitration to be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would be barred by the
applicable statute of limitations. The award rendered by the arbitrators shall be final and
judgment may be enter upon it in accordance with applicable law in any court having jurisdiction
thereof.
CONTRACT (CONTINUED)
Removal of Woden Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10.
7. The Contractor agrees to comply with all Local, State and Federal regulations and with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970
(42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) as amended.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in
three counterparts, each of which shall be deemed an original the day and year first above
written.
CONTRACTOR:
By:
CITY:
e&vA/f!L £n1mey
Title:
By:
Title:
DICE ?kE5tDE-,/7-
Y,,ES/DEN%
Federal ID. No. —L- CIZ242
By:
Title: Mayor, City of National City
ATTEST:
By:
Title: City Clerk, City of National City
(Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be
attached.)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On April 1, 2004
Date
personally appeared
KATHLEEN O. HALL
Commkaton At 1428621
Notary Pudic - California t
00121100
� My Comm. Ezpl e CountyJul 30, 2007
before me, Kathleen O. Hall
Bruce Varney
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Name(s) of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person) whose nameO is/ate subscribed to the
within instrument and acknowledged to me that he/she/the
executed the same in his/her/their authorized capacity
and that by his/her/their signature( on the instrument the
person(X), or the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Signature of Note 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:
Document Date: Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner LI Limited
❑ Attorney-i n- Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
❑ General
RIGH1 THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney-i n -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THU
OF SIG
IMPRINT
lER
Top of thumb here
(D 1996 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On April 6, 2004
Date
personally appeared
before me, Kathleen O. Hall
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
John T. Sawyer
KATHLEEN O. HALL
Commission # 1428621
Notary Public - California
Orange County
My Comm. ExplroeJut 30, 2007
Name(s) of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person) whose name) is/at subscribed to the
within instrument and acknowledged to me that he/she/the
executed the same in his/her/their authorized capacity
and that by his/her/their signatureN on the instrument the
person(K), or the entity upon behalf of which the person(X
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
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:
Document Date: Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner _El Limited E General
❑ Attorney-i n- Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney-i n -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
(D 1996 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll -Free 1-800-876-6827
CONTRACT (CONTINUED)
Removal of Woden Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10.
CORPORATE CERTIFICATE
I, A -my/ f /4 -t certify that I am the Secretary of the Corporation
named as Contractor m he foregoing Contract; that
Bead E L /4P./Y who signed said contract on behalf of the
Contractor, was then U//E r/e. �f V (7- of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by authority
of its governing body and is within the scope of its corporate powers.
I, W> /f4.4
named as Contractor in the foregoing Contract; that
certify that I am the Secretary of t e Corporation
, who signed said contract on behalf of the
Contractor, was then/ijie% 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.
J'ai& 7; ..*6j/r-,t.
Corporate Seal:
CONTRACT (CONTINUED)
Removal of Woden Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10.
PARTNERSHIP CERTIFICATE
STATE OF
) ss
COUNTY OF )
On this day of , 2004, 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:
Executed in Three Counterparts
Bond No. 08659234
Premium $394.00
PERFORMANCE KOND
Removal of Woden Street Pedestrian Overcrossin SPECIFICATION NO, 97-10.
KNOW ALI, MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of National City, by Resolution No. 2004-42 , passed
the 16th day of March, 2004 has awarded to Penhall Company, hereinafter designated as the
"Principal", the Removal of Woden Street Pedestrian Overcrossin , SPECIFICATION NO.
97-10.
WFIEREAS, said Principal is required under the terms of said contract to furnish a bond
for the faithful performance of said contract.
NOW, TFIEREFORIi, we, the Principal and Fidelity and Deposit Company of
Maryland 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 Fifty One Thousand Two I lundred Twenty Five of
Dollar'; (5 51,225.00 ) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our hairs, 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 w 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 he 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 lime, alteration or addition to the terms of the contract or to the work to be
pertbrntcd thereunder or the specifications accompanying the sane 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)
Removal of Wocten Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10.
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 fcc 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 31st
Fidelity and Deposit Company
of Maryland (SEAL)
4(_...(SEAL)
(SEAL)
ri Appooaca,
Attorney in Fact
Surety
day of March
Penhall Company
, 2004.
(SEAL)
(SEAT)
John T Sawyr/Presi dPASEAL)
Principal
PERFORMANCE BOND (CONTINUED)
Removal of Wodcn Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10.
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
COUNTY OF
California
Orange
)
)ss
On this clay 31st of March , 2004, before nte, the undersigned, a Notary Public in
and for said County and State, personally appeared
Jeri Apodaca known to me to be the person whose
name is subscribed to the within instrument as the attorney -in -fact of the
Fidelity and Deposit Company of Maryland , 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):
Patricia H. Brebner
Notary Public in and for said County and State
My Commission expires: July 15, 2005
APPROVED AS TO FORM:
George II, Eiser, III
City Attorney
PATRICIA H. BREBNER
Commission # 1313346
Notary Public - California
Orange County
My Comm. Expires Jul 15, 2005 f
a. 4, a, as a,_ Anil.. A l
4 -w- - _ _ _
Executed in Three Counterparts
Bond No. 08659234
Premium included in charge
for Performance Bond
PAYMENT BOND
Removal of Woden Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10.
KNOW ALL MEN 13Y THESE PRESENTS: That
WHEREAS, the City Council of the City of National City, by Resolution No. 2004-42, passed
the iOtll day of March, 2004 has awarded to ?enhall Company, hereinafter designated as the
"Principal", the Removal of Woden Street Pedestrian Overcrossinc_ SPECIFICATION NO.
97-t0.
WIIEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and
Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil
Code to furnish a bond in connection with said contract;
NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of
Maryland as surety, are held and finitty
bound unto the City Council of the City of National City, hereinafter called the "Council", if'
the penal sum Filly One Thousand Two Hundred Twenty Five o
Dollars (S 51,225.00 ) lawful money of the United States, for the payment of which stun 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 TIIIS 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 sank in an amount not exceeding the sum hereinafter specified, and
also, in case suit is brought upon this bond, a reasonable attotncy'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 1IOND (CONTINUED)
Removal of Woden Street Pedestrian Overcrossing, SPECIFICATION NO. 97-10.
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 herein above described or
pertaining or relating to the furnishing of labor, materials, or equipment therefor, not by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by
any rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery of
claimants otherwise entitled to recover under any such contract or agreement or under the
bond, nor by any fraud practiced by any person other than the claimant seeking to rxover 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
hr .ich of contract between the owner of Public Entity and original contractor or on the part of
any obliges named in sueh 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 31st day of March , 2004,
Fidelity and Deposit Company
of Maryland (SEAL) Penhall Company(SEAL)
�,�(SEAL)
`� (SEAL)
o ca,
Attorney in Fact ...(SEAL)
John T. Sawyer/PresideMAL)
Surety Principal
PAYMENT BOND (CONTINUED)
Removal of Woden Street Pedestrian Ovcrcrdssing, SPECIFICATION NO.97-10.
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF California
COUNTY OF orange
)
) ss
On this day 31st of March
and For said
Jeri Apodaca
, 2004, before me, the undersigned, a Notary Public in
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
Fidelity and Deposit Company of Maryland , the corporation named as Surely 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
acknow[edged.
Signature:
Name (Type or Print):
NOTE: The Attorney -in -fact must attach a
Patricia H. Brebner
certified copy of the Power of
Attorney.
(Notary Public in and for said County and State)
My Commission expires: July 15,
APPROVED AS TO FORM:
I3y:
George H. EiSer, III
City Attorney
2005
PATRICIA H. BREBNER
Commission# 1313346
NotaryPublic - California
Orange County
My Comm. Expires Jul 15, 2005
z
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w n. r set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d• - s 60 .T'.-. ate, constitute and
appoint Jeri APODACA, of Irvine, California, its true and lawful age, 4* /j,�, ta,-ac .�-*: , e, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed• , .1 �,•, s . �7a. 1 E'*!k and the execution of
such bonds or undertakings in pursuance of these r „s,� " ".,� ma y .any, as fully and amply, to all
intents and purposes, as if they had been._., c , :% i ac .. c;,, , gularly elected officers of the Company at
its office in Baltimore, Md., t ,� , , pers. •• _ 1= � , a +attorney revokes that issued on behalf of Jeri
APODACA, dated , 7
The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- *": i :14. any, and is now in force.
IN WITNESS W • OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April,
A.D. 2003.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
T. E. Smith Assistant Secretary Paul C. Rogers
ILA
Vice President
State of Maryland ss:
City of Baltimore f
On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1, 2004
POA-F 012-5025J
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 31st day of March 2004
Assistant Secretary
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$ waived . This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned
premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned
Premium is the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an
insurance company's losses above its deductible is 90%. In the event the United States government participates in
losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
In concurrence with the Secretary of State and the Attorney General of the United Staten
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based
principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress (except for workers' compensation) or property and casualty insurance Losses resulting from the
act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
Executed in Three Counterparts
Bond No. 08659234
Premium included in charge
for Performance Bond
PAYMENT BOND
Removal of Wotlen Street Pedestrian Overcrossing, SPECIFICATION NO.97-10.
KNOW ALL MEN 13Y THESE PRESENTS: That
WHEREAS, the City Council of the City of National City, by Resolution No. 2004-42, passed
the loth day of March, 2004 has awarded to Penhall Company, hereinafter designated as the
"Principal", the Removal of Wodcn Street Pedestrian Overcrossine. SPECIFICATION NO.
97-10.
Wi IEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and
Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil
Code to furnish a bond in connection with said contract;
NOW, THEREFORE, wc, the Principal and Fidelity and Deposit Company of
Maryland as surety, are held and flinty
bound unto the City Council of the City of National City, hcreinater called the "C'otncil", it
the penal Sum Fitly Onc Thousand Two Hundred Twenty Five vt
Dollars ($ 51,225.00 ) lawful money of the United States, for the payment of %vhieh sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
'ME CONI)1'f1ON 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 hnsurance 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 tau 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 ['ogle, so as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
PAYMENT »OND (CONTINUED)
Removal of Woden Street Pedestrian Ovcrcrossing, SPECIFICATION NO. 97-10.
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 or 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 herein above described or
pertaining or relating to the furnishing of labor, materials, or equipment theretbr, not by any
change or modification or any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by
any rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery of
claimants otherwise entitled to recover under any such contract or agreement or under the
bond, nor by any fraud practiced by any person other than the claimant seeking to recover on
the hond and that this band 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 or 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.
11 1b ff NESS 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 31st day of March 2004.
Fidelity and Deposit Company
of Maryland (SEAL) Penh 11 Company (SEAL)
(SEAL(S) (SEAM,)
John T. Sawyer
(SEAL) President (SEAL)
Attorney
in Fact
Surety
Principal
PAYMENT IiOND (CONTINUED)
RemovalofWoolen Street Pedestrian Ovcrcr lssinc, SPECIFICATION NO. 97-10.
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF California
) ss
COUNTY OF orange
On this day 31st _ of March , 2004, before me, the undersigned, a Notary Public in
and for said County and State, personalty appeared
Jeri Apodaca known to me to be the person whose
name is subscribed to the within instrument as the attorney -in -fact of the
Fidelity and Deposit Company of Maryland , the corporation named as Surety in
said instrtunent, and acknowledged to me that he subscribed the nano 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):
Patricia H. Brebner
(Notary Public in and for said County and State)
My Commission expires:
July 15,
2005
APPROVED AS TO FORM:
George H. Riau, III
City Attorney
PATRICIA H. BREBNER
Commission # 1313346
Notary Public - Califomia
Orange County
My Comm. Expires Jul 15, 2005
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, wh Rik.set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof deli- s. +S _+,nate, constitute and
appoint Jeri APODACA, of Irvine, California, its true and lawful age+ �� es :- ac�1+ •1 ke, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed .+ s .: 1 ; s • 1N;•a;,1 A�'"} — and the execution of
such bonds or undertakings in pursuance of these r . y� .1 a . - .m. ,(.^'=+ ,1R•„Yof' .any, as fully and amply, to all
intents and purposes, as if they had been_ •. y c i - . ac L�► • .��: - - gulazly elected officers of the Company at
its office in Baltimore, Md., in tl +� + • = - pers....?VIe+ attorney revokes that issued on behalf of Jeri
APODACA, dated V ' 7, 1: n new
The said Assistants - • �• o,�: +� • t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- far* `"rl'•* • • any, and is now in force.
IN WITNESS OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April,
A.D. 2003.
ATTEST:
T. E. Smith
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Assistant Secretary Paul C. Rogers
Vice President
State of Maryland 1 ss:
City of Baltimore J
On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1, 2004
POA-F 012-5025J
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 31st day of March 2004
Assistant Secretary
A
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$ waived . This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
from acts of terrorism (as defined in the Act) with terms, amounts, and linnitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Comnanv's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned
premium in the prior year; for 2003, 7% of direct earned premium in the prior year, for 2004, 10% of direct earned
premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an
insurance company's Iosses above its deductible is 90%. In the event the United States government participates in
losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States'
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based
principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
de
clared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the
in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
ACORN) CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDDIYYYI
PENHA33 04/05/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Services, Inc.
PR
3
1 Park Plaza, #400
Irvine CA 92614
Phone:949-553-9800 Fax:949-553-0670
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Penhall Company
Division #33
5775 Eastgate Drive
San Diego CA 92121
INSURERA:
Zurich American Insurance Co
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INUIRALKM LTR
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MIIIDICY D/D/YYY))
LIMITS
A
X
GENERAL
LUIBILTTY
COMMI=RCIALGENFRALLViBIL1TY
GLO 3676108-01
05/09/03
06j30%04
EACH OCCURRENCE
$ 2 , 000 , 00(
X
uREms I l lNtNll9l
PREMISEs Eaoccurence)
$ 1 000 00(
, ,
CLAIMS MADE X OCCUR
MED EXP (My one person)
$ 10,000
PERSONAL & ADV INJURY
$ 2,000,00(
GENERAL AGGREGATE
$4,000,00(
GENII AGGREGATE�jLIMIT APPUES PER:
PRODUCTS - COMPIOP AGG
$ 4,000,00(
POLICY A I JEMCOT LOC
A
AUTOMOBILE
LIABIIJ 1Y
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BAP 3676109-01
05/09/03
06/30/04
CO6RIINFJ)SINGLE LIMIT
(FA acCidarlt)
$2,000,00[
X
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS/UMBRFI l A UABUTY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
DEDUCTIBLE
RETENTION $
$
$
$
A
A
WORKERS111-
COMPENSATION AND
AEMNrP�ROPW6 TOHIPARTNERIEXEcuTNE UABILITY
OFFICER/MEMBER EXCLUDED?
I descrOe under
SPECIAL PROVISIONS below
WC 3676106-01
WC 3676106-02
05/09/03
05/09/04
05/09/04
06/30/04
�( TORY LIMITS OER
E.LEACHACCIDENT
$1,000,00(
E.L DISEASE -EA EMPLOYEE
$ 1,000,00C
EL DISEASE - POLICY LIMIT
$ 1,000,00C
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
*Except 10 Days Notice of Cancellation for Non -Payment of Premium.
Special conditions apply to General Liability per the attached endorsement.
RE: Penhall Job #15189, Woden Street Pedestrian Overcrossing Contract
#97-10, Removal of Woden Street Pedestrian Overcrossing. glai/x
*THIS CERTIFICATE VOIDS AND SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES*
CERTIFICATE HOLDER
CANCELLATION
NATION6
City of National City
1243 National City Boulevard
National City CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRE
DATE THEREOF. THE ISSUING INSURER WILL COMMEIDOI MAIL 30 DAYS WWI
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
'$
rfDf L"fi1ff9/ff1
AU
%%// ',
s.
Gl Arnlan rnnonoATlnu
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Arn n %c 1%AA+9/AC%
@ZURICH-AMERICAN INSURANCE GROUP
LIABILI1
INSURANC
Insurance for this coverage part provided by: Zurich American Insurance Group
Insured Name: Penhall Company
This endorsement changes the policy. Please read it carefully.
COVERAGE CHANGE ENDORSEMEI
GLO 3676108-C
Endorsement # U-GL-113-8 10 (04/8i
AUTOMATIC ADDITIONAL INSUREDS ENDORSEMENT
This endorsement modifies insurance provided by the following:
Commercial General Liability Coverage Part
SCHEDULE
Name of person or organization: City of National City, its officers, employees, and agents
RE: Penhall Job #15189, Woden Street Pedestrian Overcrossing Contract #97-11
Removal of Woden Street Pedestrian Overcrossing.
The following provision is added to section I1— Who Is An Insured
5. Any entity you are required in a written "insured contract" (hereinafter called additional insured) to
name as an insured but only with respect to liability arising out of your premises, "your work" for the
additional insured or acts or omissions of the additional insured in connection with the general
supervision of "your work" to the extent set forth below.
a. The limits of insurance provided on behalf of the additional insured are not greater than those
required by such contract.
b. The coverage provided to the additional insured(s) is not greater than that customarily provided by
the policy forms specified in and required by the contract.
c. All insuring agreements, exclusions and conditions of this policy apply.
d. In no event shall the coverages or limits of insurance in this coverage form be increased by such
contract.
Except when required otherwise by "insured contract", this insurance does not apply to:
(1) 'Bodily Injury" or "Property Damage" occurring after:
(a) All work on the project (other than service, maintenance or repairs) to be
performed by or on behalf of the additional insured(s) at the site of the covered
operations has been completed; or
(1) "Bodily Injury" or "Property Damage" arising out of any act or omission of the Additional
Insured or any of their employees, other than the general supervision of work performed
for the Additional Insured by you.
*I ZURICH-AMERICAN INSURANCE GROUP
LIABILII
INSURANC
Insurance for this coverage part provided by: Zurich American Insurance Group
Insured Name: Penhall Company
This endorsement changes the policy. Please read it carefully.
COVERAGE CHANGE ENDORSEMEI
GLO 3676108-C
Endorsement # U-GL-113-B 10 (04/8S
AUTOMATIC ADDITIONAL INSUREDS (continued)
(1) "Property Damage" to:
(a) Property owned, used or occupied by or rented to the Additional Insured,
(b) Property in the care, custody or control of the Additional Insured or over which
the Additional Insured is for any purpose exercising physical control; or
(c) "Your Work" for Additional Insured
6. With respect to Additional Insureds who are architects, engineers or surveyors, this insurance does
not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the
rendering of or the failure to render any professional services by or for you, including:
a. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specifications; and
b. Supervisory, inspection or engineering services.
Any coverage provided hereunder shall be excess over any other valid and collectible insurance
available to the Additional Insured whether primary, excess, contingent or on any other basis unless a
contract specifically requires that this insurance be primary or you request that it apply on a primary
basis.
No person or organization is an Additional Insured with respects to the conduct of any current or past
partnership or joint venture that is not shown as a Named Insured in the Declarations.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE March 16 7004
6 7..o`t (S
3
AGENDA ITEM NO.
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT
TO PENHALL COMPANY, INC. FOR THE REMOVAL OF WODEN STREET PEDESTRIAN
OVERCROSSING IN NATIONAL CITY, SPECIFICATION NO. 97-10
PREPARED BY Din Daneshfar
336-4387
EXPLANATION
DEPARTMENT Public Works/Engineering
SEE ATTACHED EXPLANATION
( Environmental Review X N/A
Financial Statement
Approved By:
Finance plOvEtor
The total estimated amount ($70,225) is available in Account Nos. 308-409-500-598-6056, and /W. Alaviir
109-409-500-598-6056. Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RIMOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution No. 2004-42
1. Resolution 2. Bid Opening Information Sheets 3. Bid Proposal Spreadsheet for the three lowest bidders
A-200 99)
RESOLUTION NO. 2004 — 42
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT TO PENHALL COMPANY, INC.
FOR THE REMOVAL OF THE WODEN STREET
PEDESTRIAN OVERCROSSING
WHEREAS, the Engineering Department did, in open session on February
23, 2004, publicly open, examine and declare all sealed bids for the removal of the
Woden Street Pedestrian Overcrossing, Engineering Specification No. 97-10.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby awards the contract for the removal of the Woden Street
Pedestrian Overcrossing to the lowest responsive, responsible bidder, to wit:
PENHALL COMPANY, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National
City that the Mayor is hereby authorized to execute on behalf of the City a contract
between Penhall Company, Inc. and the City of National City for the removal of the
Woden Street Pedestrian Overcrossing. Said contract is on file in the office of the City
Clerk.
PASSED and ADOPTED this 16th day of March, 2004.
ATTEST:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on March 16, 2004,
by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
iaLL/A/t,
lerk of the Ci
CitNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-42 of the City of National City, California, passed and adopted by the
Council of said City on March 16, 2004.
City Clerk of the City of National City, California
By:
Deputy
RE: RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A
CONTRACT TO PENHALL COMPANY, INC. FOR THE REMOVAL OF
WODEN STREET PEDESTRIAN OVERCROSSING, SPECIFICATION NO. 97-
10
The Woden Street pedestrian bridge crossing Harbor Drive in National City is currently
closed, and has been since 1995, due to seismic concerns. The bridge was primarily used
by the Navy but due to reconfiguration of the base it is no longer needed. It was
determined that instead of seismic retrofitting the bridge; it made more sense to simply
remove it. The City applied for and received a Federal grant to do the work. The federal
grant pays 80% of the cost, and the city is required to pay 20%.
The project consists of removing a single -span steel through girder bridge structure,
approximately 122 feet long, and 13 feet wide. It will include removal of the temporary
chain link fences, steel sign, light posts, abutment/stairs and the wrought iron fence as
shown on the plans. All work will be in accordance with the Specifications No. 97-10
and Drawing numbered 8123-D through 8132-D.
On August 6, 2002, by Resolution No. 2002-116, a contract was approved between the
City of National City and Tetra Tech ASL, Inc. to provide design services for the
preliminary engineering to prepare plans and specifications for the project.
On August 8, 2003, the City was authorized by Caltrans to proceed with the
Construction.
On November 10, 2003, the project plans, specifications and cost estimates were
completed.
On January 9, 2004, a construction permit was obtained from the Dept 'tent of the
Navy to perform work on the Navy side.
A Bid opening date was established and On January 23 and 30, 2004, the project was
advertised on the Local and Regional Newspapers.
On February 23, 2004, four bids were received and opened for the Removal of Woden
Street Pedestrian Overcrossing, Specification No. 97-10.
Staff has reviewed the bid documents and found the lowest responsive bidder, Penhall
Company, Inc. is qualified to perform the work.
The total cost for the work is estimated at $70,225. This amount includes the proposed
lowest bid amount ($51,225), approximately 20% ($10,000) for inspection,
approximately 3% ($1,500) for material testing services, and approximately 15%
($7,500) for contingencies.
The project is funded 80% by federal and 20% by local funds.
The Bid Opening Information Sheets are attached for further review.
BID OPENING
SPECIFICATION NUMBER: 97-10
PROJECT TITLE: REMOVAL OF WODEN STREET PEDESTRIAN OVER -
CROSSING FY 2003-2004
OPENING DATE: MONDAY, February 23, 2004
TIME: 3:OOPM
ESTIMATE: $ 90,000.00
PROJECT ENGINEER: DIN DANESHFAR
NO.
BIDDER'S NAME
AND ADDRESS
(PAGE 13)
BID AMOUNT
(PAGE 15)
ADDENDA
(PAGE 13)
BID SECURITY
(PAGE 26-CHECK
(PAGE 27-BOND)
1.
PENHALL COMPANY
5775 Eastgate Drive
San Diego, CA 92121
$ 51,225.00
X
2.
CLAUSS CONSTRUCTION
8956 Winter Gardens Blvd.
Lakeside, CA 92040
$ 78,110.00
X
3.
HARBOR BAY, INCORPORATED
314 Morgan Place
Vista, CA 92083
$ 108,180.00
X
4
TELLIARD CONSTRUCTION
740 Amiford Drive
$ 213,600.00
X
Removal of Woden Street Pedestrian Overcrossing
Spec. No. 97-10
City Of National City
1243 National City Boulevard,
National City, CA 91950
Clauss Construction
Progress Est. No.
2/26/04 _
Harbor Bay, Inc.
Item QTY UNIT
Item uescription
$ 39,000.00
$ 39,000.00
$ 70,100.00
$ 70,100.00
$ 70,860.00
$ 70,860.00
Removal
1
1
LS
Bridge
Control
$ 5,000.00
$ 5,000.00
$ 4,000.00
$ 4,000.00
$ 30,000.00
$ 30,000.00
2
1
LS
Traffic
Sign Structure
$ 75.00
$ 225.00
$ 670.00
$ 2,010.00
$ 500.00
$ 1,500.00
3
3
EA
Remove
Signs
$ 2,000.00
$ 4,000.00
$ 500.00
$ 1,000.00
$ 660.00
$ 1,320.00
4
2
EA
Roadsign
Paint Abatement and Disposal
$ 3,000.00
$ 3,000.00
$ 1,000.00
$ 1,000.00
$ 4,500.00
$ 4,500.00
5
1
LS
Lead -Based
$ 51,225.00
$ 78,110.00
$ 108,180.00
Total
Prepared by:
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Dalia, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 4, 2004
John T. Sawyer, President
Penhall Company
Division #33
5775 Eastgate Drive
San Diego CA.92121
Project: Removal of Woden Street Pedestrian Overcrossing Bridge
Spec. No. 97-10, Awarding Reso. 2004-42
Dear Mr. Sawyer,
On March 16, 2004, the City Council of the City of National City passed
and adopted Resolution No. 2004-42, awarding a contract to Penhall
Company, Inc. for the removal of the Woden Street pedestrian overcrossing.
We are pleased to enclose one fully executed original contract, payment
bond, performance bond, and one copy of the Certificate of Insurance for
your records.
Should you have any questions, please contact Mr. Stephen Kirkpatrick,
Acting Director of Public Works / Engineering at (619) 336-4380.
Sincerely,
Michael R. Dalll, CMC
City Clerk
MRD/mla
Enclosure
cc: PW / Engineering
File C2004-15
qj Recycled Paper
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
September 14, 2004
Gregory J. Smith
Assessor / Recorder / County Clerk
County of San Diego
Post Office Box 1750
San Diego CA 92112-4147
Dear Mr. Smith:
We are submitting the following document in duplicate for recording:
NOTICE OF COMPLETION: Removal of Woden Street Pedestrian
Bridge Project, Spec. No. 97-10.
Please note the recording information on the duplicate copy provided, and return
it to the Office of the City Clerk.
Sincerely,
)J/
Martha L Alvarez, CMC
Deputy City Clerk
/mla
Enclosure
cc: PW/ENG
File No. C2004-15
Recycled Paper
PLEASE COMPLETE THIS INFORMATION.
RECORDING REQUESTED BY:
CITY CLERK OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
AND WHEN RECORDED MAIL TO:
CITY CLERK OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON OCT 04, 2004
DOCUMENT NUMBER 2004-0938982
GREGORY J. SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDERS OFFICE
TIME: 10:56 AM
NOTICE OF COMPLETION: REMOVAL OF WODEN STREET
PEDESTRIAN BRIDGE PROJECT, SPEC NO. 97-10
(Please fill in document tide(s) on the this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING -INFORMATION
PW/ENG (Additional recording fee applies) RESO 2004-167 C2004-15
6/94
Rec.Form FR2S
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
NAME: CITY OF NATIONAL CITY
ADDRESS: 1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on September 7, 2004, of the REMOVAL OF
WODEN STREET PEDESTRIAN BRIDGE PROJECT, SPEC.NO. NO 97-10
Work of improvement or portion of work of improvement under construction or alteration.
on the premises located at Harbor Drive, National City, CA 91950
Street Address City State Zip Code
The undersigned owns the following interest or estate in said property:
City of National City
Nature of the interest or estate of owner (mortgagor, lessee, etc.)
Said work of improvement was performed on the property pursuant to a contract with
PENHA ,i COMPANY
Name of Original Contractor
The following work and material were supplied: Foreman, AC (finisher), Saw -Cutter, Operator and
Laborers, Equipment: Bob Cat, IJtility Trucks, Concrete Truck, 18 wheelers, Crane.
General statement of kind of labor, services, equipment or materials
The names and addresses of co -owners are: N/A
Joint tenants, tenants in commor�or prlaer _wners
Dated: September 7 , 2004;
Signature of 0WAerNick Inzunza, Mayor
City of National City, 1243 National City Blvd., National City, CA 91950
I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents
thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing
is true and correct.
Executed on September 7
Signature:
, 2004, at National City , California.
NICK INZUNZA, MAYOR
FORMSM00097-10
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 7, 2004
AGENDA ITEM NO.
Cidoc(-I S
3
/ ITEM TITLE A Resolution of the City Council of National City accepting the work, and authorizing the
filing of the Notice of Completion for Removal of Woden Street Pedestrian Bridge Project, Specification
No. 97-10
PREPARED BY Din Daneshfar
EXPLANATION 336-4387
DEPARTMENT
See attached explanation.
Public Works/Engineering
( Environmental Review X N/A
Financial Statement
The final total construction cost is $55,966.22.
This amount is within the estimated budget for the project. FundingFinance Director
g is available through Account
Nos. 308-409-500-598-6056, and 109-409-500-598-6056. The amount of the final payment (10% retention)
$5,596.62 which will be due following the recording of project acceptance. Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
titc
BOARD / COMMISSION RECOMMENDATION
N/A
Approved By:
ATTACHMENTS ( Listed Below )
I. Resolution 2. Change Order Number One 3. Contract Final Balance 4. Notice Of Completion
Resolution No. 200Y-1&?
A-200 (9/99)
RE: A Resolution of the City Council of National City accepting the work, and
authorizing the filing of the Notice of Completion for Removal of Woden
Street Pedestrian Bridge Project, Specification No. 97-10
On March 16, 2004 by Resolution No. 2004-42, the City Council awarded a contract to
Penhall Company for the Removal of Woden Street Pedestrian Bridge Project,
Specification No. 97-10. Based upon the estimated bid quantities, the total bid cost for
the project was $51,225.
The project consisted of removing a single -span steel through girder bridge structure,
approximately 122 feet long, and 13 feet wide. It included removal of the temporary
chain link fences, steel sign, light posts, abutment/stairs and the wrought iron fence
according to the project plans and specifications.
On May 7, 2004, the Contractor commenced the work. During the bridge abutment
removal on the west side (Navy side), the existing surrounding pavement failed due to its
lack of strength. The existing pavement structural section consisted of asphalt concrete
over the native material. The original scope of work was expanded in order to include the
replacement of the failed section with a standard pavement structural section. The actual
paved area was larger than the design improvement area under the abutment base. The
additional work is further described in the attached Change Order Number One and
Contract Final Balance sheets. The cost due to the change Number One was $4,741.22.
The final inspection was completed and the work was found to be in accordance with the
approved plans and specifications. The project acceptance process was delayed due to the
discrepancies that were found on the Contractor's payroll submittals. The payrolls
documents had to be corrected prior to acceptance of the project.
On August 18, 2004, the contractor completed the required payroll submittals for the
project closeout, and indicated that the established wage rates for the project had been
met.
The purpose of the Change Order Number One and Contract Final Balance is to finalize
the contract quantities and construction completion time, and to address the additional
work.
The total original contract amount for the construction is increased in the amount of
$4,741.22 with a final cost at $55,966.22. Based upon the Capital Improvement Program
for FY 2003-04, the 80% of the construction cost is funded by the Federal Highway
Bridge Rehabilitation funds, and the 20% of the cost is funded by the local gas tax funds.
RESOLUTION 2004 — 167
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ACCEPTING THE WORK, AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION
FOR THE REMOVAL OF WODEN STREET
PEDESTRIAN BRIDGE PROJECT
(Engineering Specification No. 97-10)
BE IT RESOLVED by the City Council of the City of National City,
California, as follows:
It appearing to the satisfaction of the Engineering Department that all work
required to be done by PENHALL COMPANY, INC., Engineering Department
Specification No. 97-10, for the Removal of Woden Street Pedestrian Bridge Project has
been completed, the City Council of National City hereby accepts said work and
authorizes the filing of a Notice of Completion and orders that payment for said work be
made in accordance with said contract.
PASSED and ADOPTED this 7th day of September, 2004.
Nick In �tar�z ,.*layor
ATTEST:
Mic . el Dalla, City Ierk
APPROVED AS TO FORM:
7) . .sue
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
September 7, 2004, by the following vote, to -wit:
Ayes: Councilmembers lnzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
NICK INZUNZA
Mayor of the City of National City, California
City/ofinal Cit
y, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-167 of the City of National City, California, passed and
adopted by the Council of said City on September 7, 2004.
City Clerk of the City of National City, California
By:
Deputy