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HomeMy WebLinkAboutCC RESO 15,667RESOLUTION NO. 15,667 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING L.R. HUBBARD CONSTRUCTION, INC. TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH L.R. HUBBARD CONSTRUCTION, INC. (ENGINEERING SPECIFICATION NO. 1021) WHEREAS, the Engineering Department of the City of National City did in open session, on JUNE 23, 1988, publicly open, examine and declare all sealed proposals or bids for the construction of the Las Palmas Tennis Court in National City (Engineering Specification No. 1021). 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 the construction of the Las Palmas Tennis Courts in National City (Engineering Specification No. 1021) to the lowest responsive bidder, to wit: L.R. HUBBARD CONSTRUCTION, INC. 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 L.R. HUBBARD CONSTRUCTION, INC. and the City of National City to provide for the construction of the Las Palmas Tennis Courts in National City (Engineering Specification No. 1021). PASSED and ADOPTED this 28th day of June, 1988. EORGWATERS, MAYOR ATTEST: , ION CAMPBELL, CI APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY Date: City of National City Office of the City Engineer 1243 National City Boulevard, National City, California 92050-4397 (619) 336-4380 July 20. 1988 L.R. Hubbard Const. Co., Inc. 7485 Ronson Road San Diego, Ca 92111 Subject: La Palmas Tennis Court Construction. Engineering Spec. No. 1021 Awarding Resolution No. PRE CONSTRUCTION CONFERENCE The City of National City has approved subject contract and accessory documents as submitted by your company. Enclosed you will find one fully executed original of the contract for your files. A preconstruction conference has been scheduled for Friday. July 29. 19RR at 10:00 a.m. at the City of National City, Civic Center, Second Floor, Large Conference Room, 1243 National City Boulevard, National City. At this time you will have the opportunity to bring up any construction coordination problems with utilities. Particular attention should be given to any work by others than might affect your scheduling of work. If you have any questions please contact my office. Cordially, Acting City Engineer Attachment: Contract act VCity Clerk, Engineering Inspector(C. •), ✓ /� CERTIFIED MAIL BIDDER'S PROPOSAL BID FOR LUMP SUM CONTRACTS SPECIFICATION NO. 1021 Proposal of 4, 1Z , Nub S ATz.I> Coil srR,uGrro/I <0. /^/G• thereinafter called Bidder) *a core./ z4 Tior/ , organized and existing under the laws of the State of CAI. lcoRnlIA 'a cogPoPi4TionJ , or an individual doing business as To the City of National City, California thereinafter called "Owner"). Gentlemen: The Bidder, in compliknee with your invitation for bids for Las Palmas Tennis Court Construction. and appurtenances thereto, complete and in place, having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the• availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the Contract documents, within the time set forth therein and at the price stated below. This price is to eover all expenses incurred in performing the work required under the Contract documents of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 45 working days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ 200.00 for each consecutive calendar day that he is in excess of the time specified for letiop An additive period of 90 calendar days maintenance for plant esta lishme� arnbR has been approved by the Engineer) will be required before the work (Pater accepted. Bidder acknowledges receipt of the following addendum: ADflF.✓Dr.:n? go. / *Insert corporation, partnership or individual as applicable. BIDDERS PROPOSAL - LUMP SUM -5- Lump Sum Proposal for Base Bid: Bidder agrees to perform all of the construction work described in the specificatio shown on the plans for the sum of: g i�bWa�7J NlA+� 1 drs and -�'" Cents ��lf eigAd L �% g j D ). Amount shall be shown in both words and figurE In case of'discrepancy, the amount shown in words shall govern. Lump Sum Proposal for Additive Bid: Bidder agrees to perform all of the construct work described in the specifications 19hown on the plans for the sum of: $/XTY Z45,47411> SdPed M.410PeeDDarii and .F3 Cents ($ , 767a_ Co ). Amount shall be shown in both words and figures In case of discrepancy, the amount shown in words shall govern. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of the bid, Bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required. The Bid security attached in the sum of /(9 % o i lb i -L. BjJ, ($ ) is to become the property of the Owner in the event the contract and bond are not executed within the time set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Licensed In accordance with an Act providing for the re- gistration of Contractors LICENSE NO. 4076.S4 LICENSE TYPE C- 3 CITY LICENSE NO. (Seal, if bid is by JJ �� 15, 1S31 ) Subscribed and sworn fordO‘4 me this o36j 4Q' day o NOTARY PUBLIC in and for said County r and State Respectfully submitted, f //.►/—_// � , � Nam . > ,��, SEAL My commission expires L . 4.9 ,199 1rint or type name of affiant. L BIDDER'S PROPOSAL - LUMP SUM -6- Date: (Title) 6f z3/88 .4.R. /-1145,547er, ConIsi', co.2l 71-55 RDA/s on( RAD, s. P,CA. usiness Address)ti z n T (i 277 -9306 Phone Number) OFFICIAL SEAL JUDITH S. KING NOTARY 2'URLIC-CALIFORNIA PRINCIPAL OFFICE IN w: DIEGO =NT ( My CAMMOSIINI E. W. 9.01 K, 1991 BID BOND KNOW ALL LIEN BY THESE PRESENTS, that we, the undersigned, L. R. HUBBARD CONSTRUCTION CO., INC. as Principal and UNITED STATES FIDELITY AND GUARANTY COMPANY • as Surety, are hereby held and firmly bound unto the City of National City, as Owner in the penal suer of TEN PER CENT -(109;) OF THE MAXIMUM BID for which payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, admWstrators, successors and asiigns Signed this 20TH day of JUNE , lS 88 The condition of the above obligation is such that whereas the Principal has submitted to THE CITY OF NATIONAL CITY, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for Las Palmas Tennis Court Construction NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid Mali be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract and tor the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation Mall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal •mount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. -T- ATE Subscribed and sworn to before me this L. TJUNE day of ) , I PUBLIC IN AND f0RAM cowry NTY t CANCIA► EAL JUDITM S. KING NOTARY 'UELIO-CAIIFORN A PJNNCIPAL OTFICE IN w+ DIEGO COUNTY NyCenemsamixp. kV V.ins L (SEAL) My commission expire eve - Print or type name of affiant. Subscribed and sworn to before me this 20TH day of JUNE • 19 88 fatti ATE LIC IN AND FOR S." _MINTY OFI<ICIAL SEAL MOM S. KING NOTARY 110UC-CAUFORNIA pPINCIPAL OFFICE N LVI [NEW COUNTY W COPIIMM c , Er 540 29 1119 i (SEAL) My commission expires R HUBBAR Pri_�.1 ONSTRUCT10N CO. IN aJSr co nNC 7485 RONSON ROAD, SAN DIEGO, CA 92111 Address (619) 277-9300 Phone Number UNITED STATES FIDELITY AND GUARANTY COMPANY Surety (Print or Type) P. 0. BOX 80187, SAN DIFGO, CA 921: Surety Address (619) 235-6301 Surety Pi ne. ` By JEFF CAVIGAitn-fact L D. BOX/80187. SAN DIEGO. CA c Add dress - Attorney -in -fact JEFF CAVIGNAC Print or type name of affiant. BID BOND -8- (619) 235-6301 Phone - Attorney -in -fact Surety Agent for Service or Process Address CERTIFIED COPY GENERAL POWER OF ATTORNEY No 99009 Knees off Non b. these Prevents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State 0( Maryland. and having its principal Ace at the City of Baltimore. in the State of Maryland. does hereby constitute and appoint Jeff Cavigiac of the City of San Diego State of Califtania its trite and lawful attorney in and for the State of Califrrfia for the following purposes. to wit : To sign its name is surety to. and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. a certified copy of which is hereto annexed and made a part of ilia Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through as. its Band of Directors. hereby ratifies and confirms all and whatsoever the said Jeff Cavignac say lawfully de in the premises by virtue of these presents. he Witness Whe►eol, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal. duly attested by the signatures of its Viee-President and Assistant Secretary. this 6th day of March , A. D.19 87 (SEAL) STATE OF MARYLA BALTIMORE CITY. On this 6th day of March . A. D. 19 87. before me personally came Josh A. Huss . Vice•President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Ray H. Britt . Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn. said that they. the said John A. Huss and Ray H. Britt were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the seal allied to said Power of Attorney was such corporate seal. that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Tice -President and Antietam Secretary. respectively. of the Company. UNITED STATES FIDELITY AND GUARANTY COMPANY. ByJohn A. Huss Ray H, Britt Vice•President. Assistant Secretory. is: My commission expires the first day in July. A. D. 19 90 (SELL) (Signed) Fs 3 (1.67) Erma L.Idlbright Notary Public. .. •. • COPY OF RESOLUTION That Iloherstas, it is necessary for the effectual and authority to act for it and a its transaction of business that this Company and territories of Canada. ° is States other than Maryland, and in the T appoint agents and attorneysTerritories with power Therefore, � � �s�'�+ that this Company� i° � Provinces Presid Th in conjunction Ise ion with its do, and it Besets Assistant hereby does, Secretaries. under i and empower is Prpnt or either oo is Via• u attoree7 or attorae7e.in.ft ry or cons of is _ namwader is co1. to appoint any Perdon or persons guaranteeing the fidehiry of Perseus positions COmPcoy. is is name and u ' �. ante seal. guaranteeing policies sad executing peg or public or its be performances er and deliver inallosurad. nce p in is guaranteeing bonds and undertakings. wired orpermitted tp of any and for contracts lawan Permitted in all actions or mote and u its attorney proceedings, or b bends. Also, ,Inaitsen, obligations, seattorniotu a sysin-fast, or agent or agents to execute and 7 bends.nces or lenitoof Caipal or nada. or1i by soy tipula of the dUe . , or anything is the nature of either off guaranteee. Baze of any and or may by law, Ieoal, municipal m or by the rules, tegnlstions, orders, es or of any State discretion of an or Territory of the U. body,p organization, which of the office or otherwise, be allowed. ; Practice or for the !municipal or otherwise, of, a for or Permitted to be executed, aside. taken �� cipted, , or officer, fortion or org* m secs whatsoever,oprotection in o7 and orall any capacities or persons, corporation, body, given, tendered' accepted, oth filed or y be provided for in any such bond, whatsoever. conditioned for offioce, of doingoof anything or other conditions recohich ntaMor in P.cb m0ogn�Oa' obliga . stipulation, or the doing g. not of anything re one erof same. which J.Hammond undertaking. or GUARANTY COMPANY. do , as Assistant anything in the nature of either of the ssme. by said Company to Jeffh hereby certify t the foregoing is a null true and correct comet otethS UNITED FIDELITY AND "'�+Jr+ac power of attorney given of San Diego, California forth, whisk purer of attorneyauthorising and empowering And I do further semi Gas never been revoked and is still in fall force andect. m bonds u therein set f7 that said Power of Board of 1Dirdo f t said Coy, that', dulydcalled and Attorney was s given in pursuance of a resolution ado Board of ,19ec at whey office of the tied at a regular meeting dayothe Novoresolution,mating a quorum of the Board of D' Company in the City of Baltimore, truand on the copy of and the whole thereof as Directors m was Present and that the foregoing in Tasrfsnenr Instrati, in the minute of said meeting. E° ng is a nets correct COMPANY b"�/' I 88. hereunto copy of said on JUNE 20, ) have set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY fDatef Assistant Seer; tary. Subscribed and sw rn to befor me tJ ate' dad+ oof ane , �S 411111 _f _ . Algol NO'% ' Y PUBLIC IN CNTY AND STATE SEAL Mygmmission wires tint or type name o of iant NON -COLLUSION AFFIDAVIT FOR EACH AWARDEE OF A PRINCIPAL CONTRACT SPECIFICATION NUMBER STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) 1021 The undersigned, being first fully sworn, deposes and says that be is , of herein called the CONTRACTOR, that the Contractor has submitted a bid in connection with a certain project located at National City, California, and identified as Las Palmas Tennis Court Construction that he is familiar with the circumstances affecting the preparation and making of such bid and is properly qualified to make this affidavit; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other bidder to put in false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any one else to put in a sham bid, or that any one shall refrain from bidding; that the Contractor has not, in any manner, directly or indirectly sought by agreement, communication or conference with any one to fix the bid price of the Contractor or of any other bidder, or to fix any overhead, profit, or cost element and such bid price, or of that of any other bidder, or to secure any advantage against the entity awarding the contract, or any one interested in the proposed contract; that all statements contained in such bid are true; and, further that the Contractor has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest within his general business. 7/ &,..e_ L OFFICIAL EAL JDml S. KING NOTMY 9USUC.CALIFORNIA PESICIPAL OFFICE RI SAN DIEGO COUNTY illy Conmw.nEw.Sat 29.4991 MUST BE ATTACHED TO BIDDER'S PROPOSAL NON -COLLUSION AFFIDAVIT -9- --. dealt ..S- DESIGNATION OF SUB -CONTRACTORS In compliance with the provisions of Sections 41004107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the contractor in or about the construction of the work or improvement to be performed under these specifications, and the portion of the work which will be done' by eagh subcontractor. If the contractor fails to specify a subcontractor for any portion of the work to be" performed under the contract be shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under conditions hereinfater set forth. Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall only be permitted in accordance with provisions of the Government Code of California. Division of Work Subcontractors Address Phone R 60011-Ja_ . L/ i. _ A s...r,e y se additional sheets, as necessary, to list all subcontractors emssssssssssssssssasssssasasssssssssalassssssssssssssasssssasssssassssssssssss REFERENCES: List five different project references (for projects on which the bidder has performed a similar type of work in the past three years) Name of Agency Name of Official Phone 1. 2. 3. 4. 5. Date Completed CS t� 04-rr,4Gkt, A 5's1-FE T) SIGNED: This 23 day of •3 t , 19 Zit. L . g. M 3I3AZD coa srr co. , w c . Bidder's Name MUST BE ATTACHED TO BIDDER'S PROP • -AL DESIGNATION OF SUBCONTRACTORS/ REFERENCE LIST -10- L.R.HUBBARD CONSTRUCTION CO.,INC. PROJECTS LISTING PROJECT CONTRACT AMOUNT AGENCY CONTACT OCEAN BLVD. IMP. HORTON PLAZA BROADWAY STREET IMP. GASLAMP QUARTER I ✓ GASLAMP QUARTER II GASLAMP QUARTER V ENCANTO PARK SHELTER ISLAND LANDSCAPE HARBOR DRIVE IMP. THIRD AVE. IMP. TROLLEY BORDER STA. C STREET IMPR. IMPERIAL TRANSFER STA. STATE ST. STREETSCAPE SWEETWATER PARK KIMBALL PARK PHASE 2 GLORIETTA BAY PARK LINDA VISTA PARK PRINCESS DEL CERRO PARK SDSU TRANSIT CENTER BAYFRONT TROLLEY STA. OCEAN BEACH SEAWALL LA JOLLA DRAINAGE IMPR. MARKET ST. SQUARE STRSCAPE CORONADO TIDELANDS PARK *498, 000.00 *570, 000.00 *770, 000.00 *661,000.00 *586,000.00 *427,000.00 *560,000.00 *1,980,000.00 *2, 800, 000.00 $490,000.00 $564,000.00 $980,000.00 $445,000.00 *470, 000.00 $208,000.00 *544,000.00 *180,000.00 *219, 000.00 * 199, 000.00 *766,000.00 *1,492,000.00 *580, 000.00 * 107, 000.00 $403,000.00 $2,650,000.00 CITY OF S.D. CITY OF S.D. CITY OF S.D. CITY OF S.D. CITY OF S.D. CITY OF S.D. CITY OF S.D. PORT OF S.D. PORT OF S.D. CITY OF C.V. MTDB MTDB MTDB CITY OF CARLSBAD COUNTY OF S.D NATIONAL CITY CITY OF CORONADO CITY OF S.D. CITY OF S.D. COUNTY OF S.D. COUNTY OF S.D. CITY OF S.D. CITY OF S.D. CITY OF S.D. PORT OF S.D. PHONE VINCE MARCHETTI AL MERCER AL MERCER HERB LEMMONS HERB LEMMONS HERB LEMMONS BARBARA SALVINI MYRON JOSE MYRON JOSE DEWEY HUGHES RICK THORPE RICK THORPE RICK THORPE BOB WOJCIK DON WILSON LEN NEWTON VINCE MARCHETTI VINCE MARCHETTI STEVE RON STEVE RON DAN SCHROTBERGER JOHN O'BRIEN AL MERCER MYRON JOSE 236-6059 236-7101 236-7101 236-6925 236-6925 236-6925 236-5916 291-3900 291-3900 691-5021 231-1466 231-1466 231-1466 438-5541 294-8484 522-7361 236-6059 236-6059 5A5-5177 565-5177 236-5520 236-5430 236-7101 291-3900 o-r S(4fZF.4c/A)6- o 5 k 8 to. ✓T/a-A-4- 7-0 S (c o f ) rid sL Or CONTRACT SPECIFICATION NO. 1021 THIS AGREEMENT, made this, the 19th day of July , 19 , by and between City of National City hereinafter called "OWNER", acting hereir through its Mayor, and (1) George H. Byron , an individual doing business as (an individual) (a partnership) (a corporation) of the City of San Diego County of San Diego and State of Ca - hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Las Palmas Tennis Court Construction hereinafter called the project, for the sum of One hundred forty one thousand ninety five and 00/100 Dollars ($ 141,095.00 ) and all extra work in connection therewith, under the terms as stated in the General and Special Provisions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, sales tax, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Bidder's Proposal, the General Provisions and Special Provisions of the Contract, the Plans, which include all maps, plats, blueprints, and other drawings, and printed or written 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 OWNER and to fully complete the project within 4% working days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $ 200.00 for each consecutive calendar day that he is in excess of the time specifiedfoor completion. An additive period of 90 calendar days maintenance for plant establishment (atteercpllanntting has been approved by the Engineer) will be required before the work The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Provisions of the Contract, and to make payments on account thereof. (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. LfO?6Jri ) ) LICENSE TYPE M 4 C-J ) CITY LICENSE 777 2g ) CITY OF NATIONAL CITY Official Title "Pi if— fDUJov •C4,v Dtk‘o <A 99.11/ Business Address CORPORATE CERTIFICATE I, L Eo& 1iv9ehRa 7 Secretary of the corporation that Eo , . 8YRoM CONTRACTOR, was t --_� contract was duly si / for and governing body and f (CORPORATE SE INDIVIDUAL/PAR Subscribed and swor day of 2-/9-rY PRESIDENT G.H. FRO JR. , certify that I am the names as CONTRACTOR in the foregoing contract; , who signed said contract on behalf of the /2E,r/D_,4— of said corporation; that said hal of said corporation by authority of its f its cory rate powers NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE (SEAL) My Commission Expires Print or type name of affiant CONTRACT -12- BOND NO. 40-0120-0192-88-7 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS; CITY OF NATIONAL CITY, by Resolution No. passed JUNE 28 , 19 88 has awarded to L. R. HUSI3ARD LUNS I KUL I I ON C9.. INC, herein& ter designated as the "Principal", a contract for: Las Plamas Tennis Court Construction SPECIFICATION NO. 1021 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 due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, We the Principal and UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter called "OWNER", in the penal sum of Seventy thousand five hundred forty seven and 5Of 100 DOLLARS ($ 70.547.50 ) lawful money of the 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 (50% of Contract) -13A- NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91365-4625 V ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY SS. 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, each one of which shall be deemed an original, this the 11TH day of JULY , 19 88 Subscribed and sworn to before me this - day of , 19 NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE CORPORATE ACKNOWLEDGMENT L. R. HUBBARD CONSTRUCTION CO., INC. Pdie (' 'nt oar r► - ) _ 1 NT Ti30-1,50 G.H. BYROM, .IR. �IS2c onnlcnM a An SAN D EGO. CA 92111 State of CIgL/f,MJ A County of ti 1 b1FGo } SS. OFFICIAL SEAL RAYMOND H. BYROM NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Canmrssnn Exp January 3. 1992 �-ll 1:.^/ll./!./!./!././.rllll./'�J.//JJlll� f.�lJ!./J.l./!.!J.r✓.l!l.�lJ./' On this the /3 +7 day of 7//1..r NO. 202 ,ef9y,7O,vo y 12Y4oM 19 OCebefore me, the undersigned Notary Public, personally appeared CEo,'tcc /74 OVIaiti k personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as //ZEJ'1or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and officiseal. Notary's Sign.,: re Jlr ./'1l.r./' !�'t!./'J'lll!J'!I,/./'.l fJ'!Jl ./'!J',lJ../'./f ✓' ll f././'1f ./'f (SEAL) My [_nmmiccinn ovniwea STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On this 11TH day of JULY , 19 88 before me, JUDITH S. KING , a notary public in and for said County and State personally appeared JEFF CAVIGNAC , known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the UNITED STATES FIDELITY AND GUARANTY 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 hi -sewn name as attorn -in-fact. Y OFFICIAL SEAL JUDITH S. KING NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY ►N Commission Exp. Sept 29. DWI ovary Public �an Diego in and 'o the County of , California CERTIFIED COPY GENERAL POWER OF ATTORNEY No 99009 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the -State of Maryland, and having its principal office at the City of Baltimore. in the State of Maryland. does hereby constitute and appoint Jeff Cavignac of the City of San Diego . State of ('al i forma its true and lawful attorney in and for the State of f a1 i Fonda for the following purposes. to wit: To sign its -name as surety to. and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us. its Board of Directors. hereby ratifies and confirms all and whatsoever the said Jeff Cavignac may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal. duly attested by the signatures of its Vice -President and Assistant Secretary. this 6th March , A. D. 1987 (SEAL) STATE OF MARYLAND. BALTIMORE CITY. ss: day of UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By John A. Huss (Signed) Ray H, Britt Vice -President. Assistant Secretary. On this 6th day of March . A. D. 19 87. before me personally came John A. Huss . Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Ray H. Britt . Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn. said that they. the said John A. Huss and Ray H. Britt were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the seal affixed t.. said Power of Attorney was such corporate seal. that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary. respectively, of the Company. 90 My commission expires the first day in July. A. D. 19 (SEAL) FS 3 (1-87) (Signed) Erma L.Rubright Notary Public. COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than "insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and ,4lso, in its name and its its attorney or atterneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds. recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same. which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed. made, taken. given, tendered, accepted, filed or recorded for the security or protection of, by or far any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, Michael P Hid , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Jeff Cavignac of San Diego, Cal ifornla , authorizing and empowering him to sign bonds as therein set forth. which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 2Sth day of November. 1981, at which meeting a quorum of the Board of Directors was present. and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereo/, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on JULY 11, 1988. (Date) Assistant Secretary. BOND NO. 40-0120-0192-88-7 PREMIUM: $1,549.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That WHEREAS, CITY OF88 T has NL CITY, 8 warded to by L. Resolution RHUBBARD CONSTRUCTION JUNE 28 19, INC. ____CO.erein}ter designated as the "Principal" a contract for: Las Palmas Tennis Court Construction passed 1021 SPECIFICATION NO. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; AMMO NOW, THEREFORE, We the Principal, and COMPANY as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter called the "OWNER", in the penal sum of One hundred forty one thousand ninety five and 00/100 DOLLARS ($ 141,095.00 ), 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) UNITED STATES FIDELITY AND GUARANTY -14 A- CORPORATE ACKNOWLEDGMENT 19 before me, On this the day of �UL-1- — State of ,�,n j� �yA County of _; �� - '-aa- OFFICIAL SEAL RAYMOND H. BYROM NOTARYR1N PUBLIC OFFICE IFDRelIA PN SAN DIEGO COUNTY My Co n ntwon Ea9 January 3-1992 7120122 S AlOF CALIFORNIA COUNTY OF SAN DIEGO On this 11TH day of , a notary public in and for NO. 202 Y/!D/1 the undersigned Notary Public, personally appeared personally known to me D proved to me on the basis of satisfactory evidence to be the p rson(s) who executed the within instrument as or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and off ial seal. �_. ,6) Notary's ign; ure NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. P O. Box 4625 • W podland Hills. CA 91365-4625 Ventura • � Jfll./Yl./J!././Yllll/1 SuretPho By: ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ss. JULY JEFF CAVIGNAC 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, each one of which shall be deemed an original, this the 11TH day of JULY , 19 88 Subscribed and sworn to before me this day of ,19 ►s a �.. — 1./JJ11./././/./!�1JJfll./.lJ' L. R. HUBBARD CONSTRUCTION CO... INC. said , 19 88 before me, JUDITH S. KING County and State personally appeared , known name is subscribed to the within instrument as the UNITED STATES FIDELITY AND GUARANTY COMPANY as of to me to be the person whose attorney -in -fact of the ' the Surety in said instrument, and acknowledged to me that he subscrico rporation said corporation thereto as Surety, and h>i-s\own name as aT(yorney/i,n-fact. OFFICAL SEAL JUDITH S. KING NOTARY -UBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Exp. Sept 29,1991 S ary Public in and fof'r/the County of n Diego , California 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. PRONE During After NAME ADDRESS Working hours Working hours 1. f- 47-4 (P-rdN 76 - r-2/D � 2. Orin moA/2JJ • 070?l /a�j 3. itliftL. S C Ce,Q EMERGENCY NOTIFICATION LIST -15-