HomeMy WebLinkAboutContracts & Agreements_35-2002_CCv0001.pdf Recorded in Official Records, County of San Bernardino 9/24/2002
LARRY WALKER
PM
RECORDING REQUESTED BY r� BGJ
AND WHEN RECORDED MAIL TO:
yA Auditor/Controller – Recorder
�.
R Regular Fait
CITY CLERK
CITY OF REDLANDS pock 2002—0503239 Titles: 1 Pages: 1
35 CAJON STREET
P.O. BOX 3005 Fees 0.00
REDLANDS CA 92373 Taxes 0.00
otter 0.00
PAID $0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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 O 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 title with the undersigned as joint tenants or as tenants in common are:
NOT APPLICABLE
5. A work of improvement on the property hereinafter described was completed on September 3,2002. The work done was:
Transit Center Street Improvements, Phase I, Contract No. 240300-7230147003.
7. The name of the contractor for such work of improvement was:JDC, Inc.
P.O. Box 3448,Rancho Cucamonga CA 91729 March 19, 2002
(Date of Contract)
8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino,State of California,
and is described as follows:The intersection of Redlands Boulevard and Third Street
9. The street address of said property is: N/A
Dated:September 9, 2002
/ I
Senior Engineer,Public W ks Department:City of Redlands
VERIFICATION
I, 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 thereof;the same is true of my own knowledge.
1 declare under penalty of perjury that the foregoing is true and correct.
Executed on September 9,2002,at Redlands,California.
Public Works Director,Public Works Dep nt,City of Redlands
parking spaces, storage space, and a play area for children not involved in the
field use.
Funds - Contract Award - Transit Street Improvements Pro - Bids,
which were advertised for a second time for the Transit Street
Improvements Project, were opened and publicly declared on December 6,
2001, by the City Clerk for this project; a bid opening report is on file in
the Office of the City Clerk. It was the recommendation of the Public
Works Department that the responsible bidder submitting the bid for said
project which will result in the lowest cost for the City was JDC, Inc.,
Rancho Cucamonga, in the amount of $469,355.00, and it would be in the
best interest of the City that this contract be awarded to said firm. This bid
exceeds the consultant engineer's estimated cost as well as the available
PVEA grant funds available from SANBAG. Councilmember Gilbreath
moved to appropriate additional funds in the amount of$196,500.00 for the
construction of the Transit Street Improvements Project. Thanking Public
Works Director Mutter, Finance Director Johnson, and Councilmember
Gilbreath for their efforts on this project, Councilmember George
seconded by motion. The motion carried unanimously. Councilmember
Gilbreath moved to award the contract for construction of the Transit
Street Improvements Project to JDC, Inc. in the amount of $469,355.00.
Motion seconded by Councilmember George and carried unanimously.
PUBLIC COMMENTS
None forthcoming..
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:23 P.M. The next regular meeting will be held on April 2, 2002.
City Clerk
March 19,2002
Page 9
City of Redlands
Office of the City Clerk
Bid Opening Report
The following bids were opened on the 6th day of December, 2001, at 2:00 P.M. on behalf of
the Public Works Department for the Transit Center Street Improvements Project, Contract
No. 240300-7230/47003, Pre-Bid Estimate: $315,000.00. The bid amounts have not been
checked and are subject to correction after the bids have been completely reviewed.
Contractor Bid Bid I Bid Amonnt
Signed Bond
1. JDC, Inc., Rancho Cucamonga x x $469,355.00
2. Hillcrest Contracting, Inc., Corona x x 474,775.70
3. 4-Con Engineering, Inc., Fontana x x 512,215.00
4. Holland-Lowe Construction, Inc., San Bernardino x x 529,207.00
5. Laird Construction Co., Inc., Rancho Cucamonga x x 536,105.00
Lorrie Poyzer, City Clerk
City of Redlands, California
XC: Councilmembers
City Manager
City Treasurer
City Clerk
Department Head
Press
AGREEMENT
THIS AGREEMENT, made and entered into this 19"' day of March, 2002, 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 JDC, Inc. of the City of Rancho Cucamonga, 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 Transit Center Street Improvements project, complete, all as shown,
specified, and made a part of Contract No. 240300-7230/47003.
2. THE CONTRACT SUM OF: $469,355.00
3. TIME FOR COMPLETION: The work shall be completed within one-hundred and twenty (120)
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,Performance Bond, Payment Bond, Plans and Specifications,all referenced specifications,
and any Addenda thereto.
S. 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, employees, and agents 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,
CALIFORNIAACKNOWLEDGMENT
State of California }
} ss.
County of Orange }
On March 21 2002 before me, Brad L. Settgast, Notary Public ,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Personally appeared James De Armond
® personally known to me
proved to me an the ba6i6 Of SatiSfaGlo
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she executed
the same in his/her/their authorized
CM, #1253istwz > capacity(ies), and that by his/her/their
r PUB CAI. PAVA M signature(s)on the instrument the person(s),
ORANGE
t r Y❑ or the entity upon behalf of which the
person(s)acted, executed the instrument.
FtS h and fficial seal.
Place Notary Seal Above t ature of Notary Public
OPTIONAL
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:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: RIGHTTHUMBPRINT
❑ Individual OF SIGNER
❑ Corporate Officer—Title(s):
❑ Partner---❑Limited ❑General
❑ Attomey-in-Fact
El Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
1=1997 National Notary Assocation-9350 Desoto Ave,,P.O.Sox 2402.Chatswo:h,CA 91313-2402
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and
year first written above.
CITY SEAL
By:
Mayor, City of Redlands
County of San Bernardino, California
ATTEST:
City ClerCity of ,
7�;� C
Couiny4f San Bern In , California
JDC Inc.
Name of Contractor
Qn
CON PR,4 CTOR SEAL By:
SignatureofAuthorized Agent
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
689334 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. 240300-
7230/47003.
JDC, Inc.
Name of Contractor
By:
Signature of Authorized Agent
Signato6's Title
689334 A
Contractor's License No.
I✓XECUTED IN DUPLICATE BOND NO. 08083099
PREMIUM $7,772.00
PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as
City), and JDC, Inc. (hereinafter designated as Principal) have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements, which by said agreement
dated March 19,2002,and identified as Contract No. 240300-7230/47003, is hereby referred to and made
a part hereof, and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the
performance of the work, to furnish a good and sufficient faithful performance bond with the City.
NOW,THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound
unto the City in the sum of FOUR HUNDRED SIXTY—NINE THOUSAND THREE,. HUNDRED*_ dollars
($ 469,355.00 ) 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, 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 MARCH 21 0 8 L,$
, 2002. Bond No. 13099
FIDELITY SAND
I A2
JDC, INC. (SEAL) COMPANY11"OF D (SEAL)
Principal Surety
Bv: By:
Signature Signature T.lr. JOHNSON, ATTORNEY—IN—
FACT
Address: 225 S. LAKE AVE. , _
STE. 700
PASADENA, CA, 91101
(Notarial Acknowledgments of Principal and Surety) Telephone: (626 792-2311
FIFTY—FIVE AND 00/100
R
State of California }
} ss.
County of Orange }
On March 21 2002 before me,_ Brad L. Settoast Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public')
Personally appeared James De Armond
® personally known to me
f-1 proved to me E)R the hasis of A
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she executed
the same in his/her/their authorized
BRADASI
L capacity(ies), and that by his/her/their
COMM1253-'498 > signature(s)on the instrument the person(s),
Luk0 UR P-I«. I M R N 1 A M or the entity upon behalf of which the
ORANGE "' person(s)acted, executed the instrument.
and official seal.
Place Notary Seal Above t6 € nature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying 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:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: RIGHTTHUMBPRINT
❑ Individual OF SIGNER
❑ Corporate Officer—Title(s):
❑ Partner---❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
ar`1997 National Notary Association.9350 Desoto Ave..P.O.Box 2402.Chatsworth,CA 51373.2402
EXECUTED IN DUPLICATE BOND NO. 08083099
PREMIUM INCLUDED IN
PERFORMANCE
PAYMENT BOND BOND PREMIUM
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as
"City"), and JDC, 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 March 19,2002,and identified as Contract No. 240300-7230/47003, 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 of FOUR HUNDRED SIXTY—NINE THOUSAND THREE HUNDRED* dollars
($ 469,355.00 _ ) for materials furnished or labor thereon of any kind, or for amounts 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 herein above 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 Part
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 t
terms of the agreement or to the work to be performed thereunder or the specifications accompanying the
same shall in agnosia 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 MARCH 21 2002. Bond No. �Al 8083099
FIDELIt:Y ANI? `DEPOSIT
JDC, INC. (SEAL) COMPANY'OFMARYLAND -(SEAL)
PrincipalSurety Al
h
Bv:rA,,,4-, By:
Signature," Signature Q.W. JOHNSON, ATTORNEY-IN-FACT
Address: 225 S. LAKE AVE. . STE, 7.00
PASADENA, CA 2.1101 .......-------
(Notarial Acknowledgments of Principal and Surety) Telephone: ( 626 ) 792-2311
FIFTY-FIVE AND 001100
CALIFORNIA PACKNOWLEDGMENT
State of California }
} ss.
County of Orange }
On March 21 2002 before me, Brad L. Settgast Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Personally appeared J.W.Johnson
® personally known to me
F-1 proved to me on the hasis ef4;atisfaGtoFy
euidense
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she executed
� ;xxr< 4 the same in his/her/their authorized
T GAT capacity(ies), and that by his/her/their
COMM#1 598 t signature(s)on the instrument the person(s),
0 ,ARv cij 8 1 Iii ,A sFORNIA
W ORANGE C � T or the entity upon behalf of which the
;nl;x cn e c,im , !I; a xg person(s)acted, executed the instrument.
i=- •
I -and official seal.
y
Place Notary Seal Above ' Si lure of Notary Public
r" . Q V
OPTIONAL 1 .❑
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: BOND
Document Date: March 21 2002 Number of Pages:
Signer(s)Other Than Named Above: JDC INC.
Capacity(ies)Claimed by Signer
Signer's Name: J.W.JOHNSON OF SIGNER
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner---❑Limited ❑General
® Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.:`.1997 National Notary Associmon•9350 Desoto Ave.,P.O.Box 2402+Chatsworth,CA 91313-2402
Power of Attorney
FIDELITY AND DEPOSIT COMPI
MANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, MORE, MD 21203-1227
SE PRESENTS: That the Dice
DPOSIT COMMAaKnow ALL MEN BY THE -PresidedTE. SMITH, Assistant Secretary�corporation of the State of Maryland.by W, B. WALBRECHELaws o Company, which are set forth on the
in pursuance of authority granted by Article VI, Section 2, of
<'Ne",%_e e e date hereof, does hereby nominatej
reverse side hereof and are hereby certified to be in full �* make,
Johnson, of Fullerton, its true wful agent and Attorney-in-Fact,to undertakings
constitute and appoint J.W. Cali as ia deed: any and all bonds and undertak
execute. seat and deliver, for, and on its behalf as suretyI
and the execution of such bonds or undertakings in p e of the nts,shall be as binding upon said Company,as
fully and amply,to all intents and purposes, as if been d cured and acknowledged by the regrularly elected
officers of the Company at its office in Baltimo in the i proper persons. This power of attorney revokes that
issued on behalf of J.W.Johnson,dated Janu 998. the reverse side hereof is a true copy of
b set fort
The said Assistant Secretary does hereb that th
Article VI,Section 2,of the:By-Laws of A
mpany, now ct in force.h on
cribed their names and
. -Presidn ssistant Secretary have herunto subs
IN WITNESS WHEREOF, the sai eAND, this 19th day of
affixed the Corporate Seal of the sai IDELIT D DEPOSIT COMPANY OF eMARYL
November,A.D. 1999. SIT COMPANY OF MARYLAND
A'FTEST: FIDELITY AND _2
--I. By: 64t ';dat
003T E.Smith Assistant Secretary W. B. Walbrecher Vice-President
State of Maryland I SS:
County of Baltimore
On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the
OF MARYLAND, to me personally known to be the indduals and officers
FIDELITY AND DEPOSIT COMPANY dged the execution of the same, and
described in and who executed the preceding instrument, and they each acknowle
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
s were duly affixed and subscribed to the said instrument by the
Corporate Seal and their signatures as such officer
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.
UST
Carol J Fa r Notary Public
My commissi Expires: August 1,2000
152
L1429-012--4
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 b
Committee, shall have power, by and with the concurrence of the Secretary Assistant the Executive
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorney Factt the businethe of thCompany emao
require, or to authorize any person or persons to execute on behalf of the Company
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignmentsy
P Y any bonds, undertaking,
11 mortgages and instruments in the nature of mortgages....and to affix the seal of the Companheretof Judgements, decrees,
I
CERTIFICATE
I, the undersigned, Assistant Secretary of
the
Attorney whi hFIDELITY
the foregoing is ANDDEPOSIT
full,
the
and correctYcOF
MARYLAND, do hereby
certify that the original Power of Atto
on the date d this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was authorized by the Board of Directors to appoint any Attorney-in-Fact as
copy, is in full force and effect
one of the additional of
speciall
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 follow'
of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF mg resolution
held on the I Oth day of May, 1990. MA at a meeting duly called and
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanical)
reproduced signature of any Vice-President, Secretary, or Assistant Secretary
or hereafter,wherever appearing of the Company, whether made heretofore
Ppearing 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
21$T _day of MARCH
2002
Assistant Secretary