HomeMy WebLinkAboutContracts & Agreements_86-1999_CCv0001.pdf San Bernardino, -L-a-r-' um' liouunty of
ry Walker, Recorder
RECORDING REQUESTED BY Doc No . 20000209984
AND WHEN RECORDED MAIL TO
I 09 : 08am 06/13/00
CITY CLERK C
CITY OF REDLANDS # 701
35 CAJON STREET I F-4F-1 3 F— 4 F-1 5 F--1 6 1 1 1 of
P 0 BOX 3005 PC FE g APF GINIS PH CPT J= ADD NM PEN PH PCOR
REDLANDS CA 92373
5 6—
NON ST th SVY CIT-CO TRANS TAX DA CHRG AM
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,this notice must be filed within 10 days after completion of work.
Notice is hereby given that
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: CITY OF REDLANDS
3. The full address of the owner is: 35 CAJON STREET, P 0 BOX 3005
REDLANDS CA 92373
4. The nature of the interest or estate of the owner is; In fee.
5. The full names and full addresses of all persons, if any,who hold fide with the undersigned as joint tenants or as tenants in common are:
NOT APPLICABLE
6. A work of improvement on the property hereinafter described was completed on May 26, 2000. The work done was:
Street construction for the Colton/Wabash Intersection Improvements project, Contract No. 20-9602-4230.
7. The name of the contractor for such work of improvement was: Eastland Construction, Inc.
P.O.Box 6301, San Bernardino CA 92412 September 21, 1999
(Date of Contract)
8. The property on which said work of improvement was completed is in the City of Redlands and the County of San Bernardino,
State of California,and is described as follows: Intersection of Colton Avenue and Wabash Avenue
9. The street address of said property is: Not Applicable
Dated: June 6, 2000
Contract Administration Engineer,Publy partrnwt,City of Redlands
VERIFICATION
1, the undersigned, say I am the Public Works Director of the declarant of the foregoing Notice of Completion, and have read said Notice of
Completion and know the contents thereat the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 6, 2000,at Redlands, California.
Public Works Director,Public Works Depwtnent,City- ds
1---10
AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of September, 1999, by and between the
City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of
California, hereinafter referred to as the "City", and Eastland Construction Inc of the City of San
Bernardino, County of San Bernardino, State of California, hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows:
I SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the
following:
To perform construction of the Colton Avenue and Wabash Avenue Intersection
Improvements project, complete, all as shown, specified, and made a part of Contract No. 20-
96024230.
2. THE CONTRACT SUM OF: $634,143.75
3. TIME FOR COMPLETION: The work shall be completed within sixty(60)work days from and after
the date of the Notice to Proceed.
4. CONTRACT DOCUMENTS: The complete Contract includes all of the contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond,
Agreement, Workers' Compensation Insurance Statement, Performance Bond, Payment Bond, Plans and
Specifications, all referenced specifications, and any Addenda thereto.
5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or
conditions of this Contract the prevailing party shall, in addition to any costs and other relief, be entitled
to recovery of its reasonable attorney's fees.
6. DEFENSE OBLIGATION: The Contractor shall defend the City,its elected officials,officers, agents,
and employees from and against any and all claims,losses,damages, and causes of action,including death,
brought by any person or persons for or on account of any wrongful or negligent act or omission of the
Contractor,its employees or agents in connection with the performance of the Contractor's obligation under
this Contract.
7. INSURANCE: All policies of insurance required by this Contract shall name the City, its elected
officials,officers, agents, and employees as additional insureds, and such insurance shall be primary with
respect to such additional insureds and non-contributing to any insurance or self-insurance maintained by
the additional insureds.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day
and year first written above.
CITY'S SEAL
H
By: kka
Mayor, Ci y of Redlands
County of San Bernardino, California
ATTEST:
City y Clerk Cit•of Rediand �
County of San Bernardino, California
Eastland C4, struction Inc
N f Co actpr
t
1
CONTRACTOR'S SEAL By:
Signature of Authorized Agent
Y
Signatory's Title
Signature of Authorized Agent (if necessarv)
Signatory's Title (if necessaty)
626290 A
Contractor's License No.
WORKERS' COMPENSATION INSURANCE STATEMENT
1, the undersigned and authorized agent for the Contractor, am aware of the provisions of
Section 3700 of the Labor Code which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of the
work under the City's Contract No. 20-9602-4230.
Eastland Construction Inc
Name of Contr for
/j
B
Signature of Authorized Agent
—'J
Signatory's Title
626290 A
Contractor's License No.
PERFORMANCE BOND
COPY # Z of 2 Executed Originals Bda 7900 590483
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as "City"),and
Eastland Construction Inc(hereinafter designated as "Principal")have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements, which by said agreement dated September
21, 1999, and identified as Contract No. 20-9602-4230, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of
the work, to furnish a good and sufficient faithful performance bond with the City.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto
the City in the sum of Six 1iTx1•ed gliftY Four T-o_isarY3 Cre ityrted Forty Tiree_& 75/100 dollars
($ 634,143-75 _ ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators,jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or her heirs, executors,
administrators,successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform
the covenants,conditions,and provisions in the said agreement and any alteration thereof made as therein provided,
or his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected
Officials, 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 effect.
As a part of the obligation secured hereby and in addition the face amount specified therefor, there shall be included
costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing,,such
obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement 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. "tension of time, alteration
or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on
September 22 _ , 1999.
Eastland Construction Inc. AMCO Insurance Company
(SEAL)
Principal Surety
By: By:
Vature ignamm Key.-1 E. laments, Attorne�-
S liw�'
in—Fact
Address: 'P.O. Box 1820
La Mesa, CA 91944
(Seal and Notarial Acknowledgment of Surety) Telephone:(619 1 464-2722
PAYMENT BOND
Copy # I- of 2 Executed originals Bond no. Bda 7900 590483
WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as "City"),and
Eastland Construction Inc(hereinafter designated as "Principal")have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements, which by said agreement dated September
21, 1999, and identified as Contract No. 20-9602-4230, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of
the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to
which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of
the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto
the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the
performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the
sum ofFctx 9t n,mLld Crk- R I:Lhmd Fc rty 9-hrc*-- ,arra 79/1 M,- dollars
(S 634,143-7-9 ) for materials furnished or labor thereon of any kind, or for mounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay, in addition
to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
by the City in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs
and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Pan 4 of
Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this
bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void-,otherwise it
shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement 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 agreement or to the work-or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on
September 22 1999.
Eastland Con,%:truction Inc.—(SEAL) AMCO In,51jrAn(,P CDnpan4z (S)7
Principal Surety
By:
sigrAtfttire Keith E. ements, Attor-ey-
isnature in-Fact
Address: P.O. Box 1820
La Nes
(seat and NorariW Ackwwkedgment of Surery) Telephone:tL9 464-2722
CALIFORNIA ALL-
PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On September 22, 1999, before me Sherry Hoffman, Notary Public, personally appeared Keith E. Clements
® personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the
personfs+ whose namefs+ is/em subscribed to the within instrument and acknowledged to me that
he/sbefth" executed the same in his/herff+ve► authorized capacity+8+ and that by his/herftheir
signaturefs} on the instrument the person+,%+, or the entity upon behalf of which the personfs+
acted, executed the instrument
oFFACIAL WITNESS mnd and official seal.
SHER
Sherry Hoff ry Public
my
S.
EYP- '16 0 2r
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNOR DESCRIPTION OF ATTACHED DOCUMENT
• INDIVIDUAL Bond no. Qda 7900.590483
• CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
• PARTNER(S) 0 LIMITED
0 GENERAL NUMBER OF PAGES
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
• GUARDIAN/CONSERVATOR September 22, 1999.
• OTHER: DATE OF DOCUMENT
SIGNOR IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) None
AMCQ Insurance Company
SIGNOR(S) OTHER THAN NAMED ABOVE
Bd294(07-94)04
A Na;or wv;de insurance'_Orr"p'ary
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS That AMCO Insurance Company,a corporation organized under the Taws
of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called 'Company', does hereby
make, constitute and appoint SHERRY HOFFMAN GERRIT E.BROUWER
KEITH E. CLEMENTS
LA MESA CA
each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute
in its behalf' any and all bends and undertakings and other obligatory instruments of similar nature (except bonds
guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the
sum of
FOUR MILLION AND NO/100 DOLLARS (S 4,000,000.00
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and
confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by
the Board ot'Directors of the Company.
ARTICLE 7 EXECUTION OF CONTRACTS
'Section 7A Instruments Issuedbythe Corporation. Bonds, undertakings, and other obligatory instruments of similar nature,other
than insurance policies and insurance endorsements, issued by the Corporation shall be validly executed and binding on the Corporation
when signed by the President or a Vice President or by the Attorneys)-In-Fact appointed by the President or by a Vice President.'
'Section 7.5 Appointment of Agents. The President or a Vice President shall have the power to appoint agents of the Corporation,
or other persons,as Attorney(s)
-In-Fact to act on behalf of the Corporation in the execution of bonds,undertakings, and other obligatory
instruments of similar nature, other than insurance policies and endorsements, with full power to bind the Corporation by their signature
and execution of any such instrument. The appointment of such Attorneys)-In-Fact shall be accomplished by Powers of Attorney signed
by the President or the Vice President.'
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE 7 EXECUTION OF CONTRACTS
'Section 7.6 Verifications . The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney
signed is validly executed and binding on the Corporation' and to certify that any bond, undertaking, or obligatory instrument of similar
nature, other than insurance policies and endorsements,to which the Power of Attorney is attached is and shall continue to be a valid and
binding obligation of the Corporation, according to its terms, when executed by Attorneys)-In-Fact appointed by the President or Vice
President.'
'Section 7.7 Use of Corporate Seal. It shall not be necessary to the valid execution and binding effect on the Corporation of any
bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, signed on behalf of the
Corporation by the President or a Vice President, or Attorney(s)-In-Fact appointed by the President or a Vice President,or of any Power
of Attorney executed on behalf of the Corporation appointing' Attorneys)-In-Fact
toactfor the Corporation, or of any certificate to be
executed by the Secretary or an Assistant Secretary, as hereinabove in Sections 7.4,7.5. and 7.6 provided,that the corporate seal be affixed
to any such instrument,but the person authorized to sign such instrument may affix the corporate seal. A facsimile corporate seal affixed
binding to any such instrument shall be as effective and
as the original seal.'
Section 7.8 Other Facsimile Signatures, A facsimile signature of the President or of a Vice President affixed to any bond,
undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such
President or a Vice President, as herein in Sections 7.4 and 7.5 provided, or a facsimile signature of the Secretary or of an Assistant
Secretary to any certificate as herein in Section 7.6 provided, shall be effective and binding upon the Corporation with the same force and
effect as the original signatures of any such officers."
'Section 7.9 Former Officers, A facsimile signature of a former officer shall be of the same validity as that of an existing officer,
when affixed to any.2� /-A 71
insurance policy or insurance endorsement, any bond or undertaking, any Power of Attorney or certificate,as herein
in Sections-,.I,'
1 .7.5.and .6 provided."
IN W ITN ESS WHEREOF,the Company has caused these presents to be signed by its Vice President and its corporate seal
to be hereunto affixed this 21 day of 4
_"��'E 1999
40- , %
A.\ICO INSURANCE COMPANY
0 - 0
STATE OF IOWA 7-SEAL: # By: Vice President
COUNTY OF POLL ss
On this 21 day of JUNE before me personally came Brett Harman,to me known,who,being by me duly sworn,
did depose and say that he is Vice President of AN4CO Insurance Company, the corporation described in and which executed the above
instrument;that he knows the seat of said corporation,that the seal affixed to said instrument is such corporation seal;that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he has signed his name thereto pursuant to like
authority,and acknowledged the same to be the act and deed of said 'Corporation. 7
PATRI 1A M, VERMACE Patricia M. Ver ace
MY COMMISSION EXPIRES Notary Public in and for the State'of Iowa
APRIL 25, 2000 CERTIFICATE
1,the undersigned,Secretary of AMCO Insurance Company,a corporation organized under the laws of the State of Iowa,do hereby
certify that the foregoing Power of Attorney is still in force, and further certify that Sections 7.4 through 7.9 inclusion of Article 7 of the
By-Laws of the Company set forth in said Power of Attorney are still in force.'
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company
this 22noday OF September 1() 99
00726 This Power of Attorney expires 0 Secreta
06/21/02
Bda 1 (03-97)00
STATE RO, BOX 420807.SAID FRANCISCO, CA 94142-0807
COMPENSATION
U10L a 00"k
FM LJ CERTIFICATE OF WORKER ' O P N INSURANCE
___23i i DS- 9 POLICYNUMBER;
CERTIFICATE EXPIRES- 013
..
F_
d ND
T v
P 3% 5
I
This is to certify that we have issued a valid Workers`Compensation insurance policy in a force approved by the California
Insurance Commissioner to the employer named below forthe policy period indicated.
This policy is not subject to candeltation by the Fund except capon toh,,yllays'advance written notice to the employer.
45,
We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration,
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, terra, or condition of any contract or other clocurnent with
respect to which this certificate of insurance may be issued or may,pertain, the insurance afforded by the policies
described herein is subject to all the terms,exclusions and conditions of such policies.
AUTHORIZED REPRESENTATIVE - PR%StDEi`dTPIT .
< —Irys i ER _ t
*-0655 N „ a .
- Cit 11E D TO 1 „
EMPLOYER
v R
# .aTAT�
C a M P E N SATI O N CERTIFICATE HOLDERS' NOTICE
!tl� SURAAlNCE
U I K D ENDORSEMENT AGREEMENT
ROME OFFICE
SAN FRANCISCO
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS
AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL;
45 DAYS
AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE
MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS'
COMPENSATION INSURANCE.
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL
BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS,AGREEMENTS OR
LIMITATIONS OF T1-11 e*l� - ` NN
ISStjr�N E
COUNTERSIGNED AND
21
AUTHORIZED REPRESENTATIVE PRESIDENT
dye}DArTE lMM/e170fYY7
..;' .. ,.> SM,r^f'i�.: 7•iwnM m:�y,�{-
TWA,! •�I ( , t 9 S.f
PROOUCV THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cumbre, Inc. ONLY AND CONFERS NO PJGHTS UPON THE CERTIFICATE
HOLDER, THIS CER`i hdATE DOES NOT AMEND EXTEND OR
PO Box 4700. ALTER THE COVERAGE AFFORDED BY TWE PODCIES BELOW.
Rancher Cucamonga, CA 91729 COMPANIES AFFORDING C9VERAGE
909-484-2456 COMPANY
A Ran er insurance Company
INSURED COMPANY
Eastland Const. , Inc. B
COMPANY
P.O. Box 6301 I C
Sari Bernardino, CA 92412 CO,VIOANY
I D
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THIS 1R TO CERTIFY THAT THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUE'S TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
MO!CATED, NOTWI"TANNNG ANY REC+UMIENT,TlPINI OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITF- RESPECT TO WHICH THIS
CEP7IFICATE MAY BE ISSUED OF, MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJEi'T TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF%''CH POUVES.LIMiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA!rVIS.
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ALL OWNED AUTOS I aC 0!LY INJURY
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PROPERTY DAMA sE S
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AIBus Pers Prop PPO115564 D8/15/99108/15/001$ 30,000- $500 Ded
1 quip. Floater RP0115564 08115/99 108/15/00 i Rnted Equity 2430,000rEqui . Floater RP0115564 ! 08/15!99 , 08/15/00 . Sched Equip J402,POP
'4
Cf-'CPJPP OF CAFEAST!£N5,'LOCAYIG a '4r a Ctfissr REO. Fmn
job 20-9602-4230 Colton/Wabash, Red'-ands, Ca, Intersection Improvements
_ty of Redlands is named I--rld'l insured for general limb .lity
10 day notice of cancellation in the event of non pavment of Rremium
....,. ;."IkTE ..�§��...k; �Nc,�
.052 .~......� . , ... .•,.,., .u.. € SHOULD ANY OF THE AECVf DEEICRIM13 POL IS BE CANCfLUIO BEFCPE THE
k
ItYPIRATION DAYS 44E'REOF, THE 55%PNO COMPANY WILL K 400 M.VL
32_DAYS V4+€B'ftaN WOTICE TO THE'4`s_RTIFfCA74 HOLDER NAMED TO THE LEFT,
Cita of Redlands
F.O. Box 30105MA
, xa
Redlands, CA 92373 AUTMZWMS ENT ATM
{� �} 235-� '3`.,� .�,a �; �: ��' '�� 3 r ,� : � •� � f.���`, �� # ;L�,.: ,.