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HomeMy WebLinkAbout1986-176 .' 1 RESOLUTION NO. 86-176 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO HUBBS EQUIPMENT AND CONSTRUCTION FOR CONSTRUCTION OF RIO VISTA 3 PARK, PHASE II-A, AND REJECTING THE BID FROM TERRA-CAL CONSTRUCTION INC. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 61 I 7'lrejected, due to a gross 8 5100 - 5108 inclusive of SECTION 1. The bid from Terra-Cal Construction, Inc., is clerical error, as provided in Sections the Public Contract Code of the State of 9 California. 10 SECTION 2. Hubbs Equipment and Construction is the lowest 11 responsible bidder for construction of Rio Vista Park, Phase II-A, 12 in accordance with Plan No. 6767 for the total amount of 13 $231,966.06; a contract is awarded to said bidder accordingly 14 for the Basic Bid and Additive Alternates 1 through 8, but such 15 ward shall be effective only upon the contract being fUlly 16 xecuted by the parties; all other bids therefor are hereby 17 ejected; and the Mayor is hereby authorized and directed to 18 xecute said contract on behalf of the City; a copy of the 19 ontract is attached hereto, marked Exhibit A and incorporated 20 herein by reference as fully as though set forth at length. 21 SECTION 3. Execution and Amendments. This agreement and 22 ny amendments or modifications thereto shall not take effect or 23 ecome operative until fully signpl and executed by the parties 24 nd no party shall be obligated her~under until the time of such 25 ull execution. No oral agreements, amendments, modifications or 26 aivers are intended or authorized and shall not be implied from 27 ny act or course of conduct of any party. 28 1 .' . 1 I HEREBY CERTIFY that the foregoing resol ution was duly and Common Council of the Ci ty of San 2 adopted by the Mayor 3 Bernardino at a 4 held on the 19th day 5 following vote, to-wi t: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: NAYS: ABSENT: reau1ar meeting thereof, of 1986, by the May Council Members R~Trnnn HArnRnnA7. MRrk~ FrR7.iAr Stri~klAr NonA C.onnr.il MAmhAr~ RAilly Ol1;Al ~/Pltl/~ / City C 1 e r k The foregoing resolution is hereby approved this .zo~ay of May Approved as to form: t1-Z. "J,~ it' ~.. ~'.', _~-f'I_'/ ....... .-' ,,-,. '. _..j . "',."... -v-{.~'''~-'~'''';'>j, I.-'wi~ (;ty Attorn'~~'''''"Jt!i , 1986. no 2 DUIIU l"lumoer: Premium: 002786 $5,799.00 SECTION I H. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: That we Hubbs Equipment & ~onstrll"j-;()n (Name of Contractor a Individual (Corporation, Partnership, or Individual hereinafter called "Principal" and Capital Bond & Insurance Company (Surety) 1900 E. La Palma, #113 of Anaheim, CA 92805 , State of California hereinafter called the "Surety", are held and firmly bound San Bernardino, Cal ifornia, hereinafter called "Owner", in (City and State) into the City of (Owner) the penal sum of Two Hundred Thirty One Thousand Nine Hundred Sixtv Six &06/10Dollars ($ 231,966.06 of which sum well ) in lawful money of the United States, for the payment 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 Whereas, the Principal into a certain contract with the Owner, dated the , 1986, a copy of which is hereto attached a part hereof for the construction of: entered day of and made RIO VISTA REGIONAL PARK, PHASE IIA, Plan No. 6767 NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees tha~.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 accompany- ing the same shall in any wise affect its obligation 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 specifications. \ ~ROVIDED, FURTHER, that no final settlement between the Owner and the Con- 'tractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, each one of which shall June this instrument is executed be deemed "an original, this , 1986. in four (4) counterparts, 3rd day of ATTEST: Hubbs Equipment & Construction Principal (Principal) Secretary (SEAL) / ,25, W'" s as t ) By ,'( / ~ 1/ C~/1;?'-1r--ciu Wil11am O. Hupbs, Proprietor 225 S. Waterman" San Bernardino, CA 92408 (Address-Zip Code) (Address-Zip Code) Capital Bond & Insurance Co. Surety ATTEST: (Surety) Secretary (SEAL) By ~ ~~~ - " ttorney-in-Fact Gerald P. Coleman Witness as to Surety 1900 E. La Palma. #113 Anaheim. CA 92805 (Address-Zip Code) (Address-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should ~xecute bond. AlTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA . 1 IS. o Count). or -.SjUl..Jiex:.ng.J:"_Q.J..D.9_ r . On-this . 3rd day of June . in the year 1986 . ~forc me. a NOlary Public in and for said J - '.S.an_.B.e.r..narT\din.o _Counly. Slale of California. residing therein. duly commissioned and sworn, personally Gerald r. COleman appeared -----.--.~-_ __ __:[] pusonalJ)" known to me, 0 prond to mt on the b85is of satisrHctOQC,'idenC'(' to be the ~rson whose name is subscribed to this instrument as the 3tlorney in fact of......H...C..ap.iHt~l__ftOI}-9:_.._.~_.__!_~.~..~E.~.~.=.=...........~..~............ and aCknowledged 10 me that [Xhe 0 shl' subscribed the name. of ._...Cap.ita.l.....BQnd......&...h..I..rL~.p.):~.9.:D.9..g.__~P..~.........................._............Ihercto as surety. and [X his 0 hn own name as attorney in fact. IS \\'IT='ESS WHEREOF. J have hereunlo sel my hand .md aflh.ed my offici.11 se~i1_ the day and rear sl;llcd in Ihis ccniflC~IIC ar.o\'c. ~ll1oMM> _____ ..........m.............m..........m.._... NOIarr Public My commission expires -.___M_'.'_.._M . 3e0042_1_.:II - Bona Number: 002786 I. PAYMENT BOND KNOW ALL MEN BY THESE PRESENT; That we Hubbs Eouinment & Construction (Name of Contractor) a (Corpor~t?~~~~~~tnershiP, or Individual hereinafter called "Principal" and ('<=In; +-;:al rsu~~t~) TnC::",..::Inf""p r'n of Anaheim. , State of California hereinafter called the "Surety", are held and firmly bound into the City of (Owner) San Bernardino, Cal ifornia, hereinafter called "Owner", in the penal sum of (City and State) Two Hundred Thirtv One Thousand Nine Hundred Sixty six & 06/100 Dollars ($ 231,966.06 of which sum well ) in lawful money of the United States, for the payment 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 Whereas, .the Principal entered into a certain contract with the Owner, dated the day of , 1986, a copy of which is hereto attached and made. a part hereof for the construction of; RIO VISTA REGIONAL PARK, PHASE IIA, Plan No. 6767 NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used.in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; other- wise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, than no final settlement between the Owner and the Con- tractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed each one of which shall be deemed an original, this _.J:.une , 1986. in four (4) counterparts, 3rd day of ATTEST: Hubbs Equipment & Construction Principal Il'rlrlclllilfT Secretary (SEAL) y? 1 v./ /,y)/ ~ BYw11({lfm)~.{~~~retor 225 S. Waterman San Bernardino, CA 92408 (Add-ress-Zip Code) (S) LJ Witness .[Adress-Zip Code) Capital Bond & Insurance Co. Surety ATTEST: \SUirer:yr-secretary (SEAL) --BY__~,f) ~ At orney-in-Fact Gerald P. Coleman ~ii tne-ss-as.to Sur-ety"-. ---- 1900 E. La Palma, #113 Anahpim CA 92805 (Address-tip Code) (Addres-s~-tTp Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should' execute bond. . ATIORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA . I ... Coun')' of _SJln._B.e.r..na.rJ;l..J..no_1 3rd June 1986 , On'this day of . in the year . before me. a Notary Public in and for said ..._...~.____.__=-_s.an.J3_e.r..nax:..d.in.o_~,_,w_-Fr.---,-_County. State ofCalifomia. residing therein. duly commissioned and sworn. personally Gerald P. CO.LemaH .. . appeared _...__.____________________w________.H.__.__:tJ pc-fsonall)" kno..ru to~. 0 prond 10 mr on the basIs of sahSfactof)C:"ldcnct' to be the person whose name is subscri~d 10 Ihis instrument as the attorney in fact of ___C.aI;2.i.tj!l.__~_QJ!.~._._~......_!.~.~..~.~.~.?~.=...........?...~........._. and acknowledged to me that [Xhe 0 she subscribed lhe name of ......Ca.pi.ta.l.._.Bond._.&__I.n.$..:qr_9.}~!-52~.....~O . ..............__thercttl as surety. and EX his 0 her own name as attorney in fae!. . IS \\t::!IT:~,::HEREOF~I :~':;~::: set my h,md "nd "ffi"d my Offi<i"I~'::z~_<rl'f1C"'< ,,",,'< )1: ".:" .,;;' "\.'~i r-,"i~q -'\RY "UBlIC Notary Pu~]ic ~~,">'> _~'_',,; '. ,,_.~,' ," . _ I ) 'S::...",-<. . '.;,'.1J :.>:'AiiJINO COUNTY ~';':,,_,');/ CAUFORNIA My commission expircs -_.~_.... 30 ~ .~mJssIon Expire. Doc:ember 15. 1987 .' ----_...._.~' ,,~~ l,;At-'11 AL. tsUNU ANU I GENERAL POWER OF ATTORNEY Q02786 HOME OFFICE - RIVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City of Riverside, California, pursuant to the By-Laws which were adopted by the Directors of the said Company and are now in effect, which state that: . "The Company President shall have power and aurhority to appoint Attorneys-in-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them. " Has made, constituted and appointed and by these presents does make, constitute and appoint, subject to provisions and limitations herein set forth Gerald P. Coleman of San Bernardino, California its true and lawful agent and attorney-in-fact to make, execute, seal and deliver as surety, and as its act and deed, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof. The authority of such Attorney-in-Fact is not to exceed ON ANY ONE RISK ------------FlVE HUNDRED THOUSAND ---------------- Dollars $500,000.00 And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE CO., has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this 3rd day of June, 19 86 By SURANCE CO., ( CAPITAL BOND AND I --- STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON this3rd day of June A.D. 19~, before the subscriber, a Notary Public of the State of California, in and for the County of Riverside, duly commissioned and qualified, came Tony Jimenez, Jr., President of CAPITAL BOND AND INSURANCE CO., to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledges the execution of the same and being by me duly sworn, deposed & said that he is the officer of said Company, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company & said Corporate seal & his Signature as officer were duly affixed & subscribed to the said instrument by the authority & direction of said Corporation, & that the By-Laws of said Company, referred to in the preceding instrument are now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of Riverside, the day and year first above written. * * 1< 1< '* * * '* 1< '* * '* '* '* * * * '" '* * ** * * ** * . OFFICIAL SEAL . :@"-:"'GEORGEE.SPRENG: : ...... ..~ NOTARY PUBLIC-CALIFORNIA : .. . NOTARY BOND FilED IN . : . . :.. RIVERSIDE COUNTY : : My Commission Expires October 18, 1988 : -*************************- ~.