HomeMy WebLinkAboutContracts & Agreements_18-1999_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of March, 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 0 J B Engineering 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:
1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the
following:
To perform construction of the Removal of Railroad Spur project, complete, all as shown,
specified, and made a part of Contract No. 20-9602-4230.
2. THE CONTRACT SUM OF: $25,950.00
I TIME FOR COMPLETION: The work shall be completed within twenty (20)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
By:
Mayor, CAy of Redlands
County of San Bernardino, California
ATTEST:
City Cl rk, City of ds
Coun y of San Bernardino, California
O J B Engineering Inc
Name of Contractor
A
CONTRACTOR'S SEAL By:
Signature of Authorized Agent
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
488092 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.
O J B Enizineering Inc
Name of Contractor
By. ,> T ,
Signature of Autho zed Agent
Signatory's Title
488092 A
Contractor's License No.
EXECUTED IN DUPLICATE
BOND #8035846 PE"ORMANCE BOND
PREMIUM $260.00
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as "City"), and
0 J B Engineering Inc (hereinafter designated as "Principal") have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements, which by said agreement dated March 2,
1999, and identified as Contract No. 20-9602-4230, is hereby referred to and made a part hereof-,-and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of
the work, to furnish a good and sufficient faithful performance bond with the City.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto
the City in the sum of TWENTY FIVE THOUSAND NINE HUNDRED FIFTY & N01100— — — — — dollars
($ 25.950.00— — ) 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 9, 1999.
-O—J—B ENGINEERING, INC, _ (SEAL) FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(SEAL)
Principal Surety
'A
By: (-Q`44
By:
Signature
Signature PATRICIA M. WHITE, ATTORNEY IN FACT
Address: 225 S. LAKE AVE. , SUITE 700
PASADENA, CA 9-1101
and Notarial Acknowledgment of Surety) Telephone: (__�2j 792-2311
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of cALiFoRNiA
County of ORANGE
On MARCH 9. 1999 before me, MT .TT FT.T-E, E. SANCHEZ, NQTARV PT — — —
DATE NAME,TITLE OF OFFICER-E.G-,'JANE DOE,NOTARY PUBLIC'
personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT— — — — — — — — — — — — ---
NAME(S)OF SIGNER(S)
personally known to me - OR - R proved to me on the basis of satisfactory evidence
to be the person() whose name(t) is/)UM
subscribed to the within instrument and ac-
knowledged to me thatMg/sheAW executed
the same in kot§j/her/$h(gjR authorized
capacity(Wg), and that by P/her/tUIOW
signature() on the instrument the person(),
or the entity upon behalf of which the
o person() acted, executed the instrument.
tot
INV-,
'NO WITNESS my hand and official se I.
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SIGNATURE NOTARY
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2)
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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
BOND
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑
Fx] GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES
El TRUSTEE(S)
1:1 GUARDIAN/CONSERVATOR
El OTHER: 3-9-99
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITYQES) N/A
FIDELITY AND DEPOSIT_QQMFANT_CSF MARYLAND SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
EXECUTED IN DUPLICATE PAYMENT BOND
BOND #8035846
PREMIUM INCLUDED IN PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as "City"), and
0 J B Engineering Inc (hereinafter designated as "Principal") have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements, which by said agreementdatedMarch 2,
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 fimily 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—TWENTY FIVE THOUSAND NINE HUNDRED FIFTY & NO/100- - - - - - - - - -dollars
($ 25,950.00- - - ) 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 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 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 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 9, 1999.
tJT-R ENC_I.NERRING, 1wo- (SEAL) FIDELITY AND DEPOSIT COMPANY OF MARYL
Principal Surety
1&L
By: N
By-
Signature
Signature PATRICIA M. WHITE, ATTORNEY IN FACT
Address: 22,5 S. ALKE AVE. . S111Y-E 7QO
_PASADENA. _CA 2.1.101
(Seat and Notarial Acknowledgment of Surety) Telephone: (626 792-2311
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of ORANGE'
On MARCH 9, 1999 before me, MTC14F.T.T.F. F. -,ANCHFZ. NOTARY PITRT.TC—
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC-
personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT— — — — — — — — — — — — — -
NAME(S)OF SIGNER(S)
Fil personally known to me - OR - El proved to me on the basis of satisfactory evidence
to be the person(t) whose name() isWM
subscribed to the within instrument and ac-
knowledged to me thatAM/sheRIM'y executed
the same inh§i/her/kixtiR authorized
capacity(Y"), and that by W/her/WZ
signature(sr) on the instrument the person(),
or the entity upon behalf of which the
person(r,) acted, executed the instrument.
WIT SS my hand and official seaI.
y
SIGNATURE 7110TAIIY
1.00, 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
El CORPORATE OFFICER BOND
TITLE OR TYPE OF DOCUMENT
Tm_E(_q)
EJ PARTNER(S) El LIMITED
El GENERAL
RX ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
El GUARDIAN/CONSERVATOR
El OTHER: 3-9-99
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTnYQES) N/A
FIDELITY AND DEPOSIT COMPANY OF MARYLAND SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of thv-Laws of Company, which are set forth on the
reverse side hereof and are hereby certified to be in full fo effect date hereof, does hereby nominate,
C"
constitute and appoint Patricia M. White, of Fullerton, C*nia, its lawful agent and Attorney-in-Fact, to
make. execute, seal and deliver, for, and on its behalf re
an act and deed: any and all bonds and
undertakings and the execution of such bonds or undeti#S' in pu e of these presents, shall be as binding upon
said Company,as fully and amply, to all intents and p es,as if d been duly executed and acknowledged by the
regularly elected officers of the Company at its o n Baltid., in their own proper persons. This power of
attorney revokes that issued on behalf of Patricia i e,dat ary 19, 1998.
The said Assistant Secretary does hereby t a t set forth on the reverse side hereof is a true copy of
Article VI, Section 2,of the By-Laws of sai p yi ow in force.
IN WITNESS WHEREOF, the said V esident sistant Secretary have hereunto subscribed their names and
V
f
affixed the Corporate Seal of the sa' ELITY DEPOSIT COMPANY OF MARYLAND, this 18th day of
February,A.D. 1999.
ATTEST: FIDELITY AND DIT COMPANY OF MARYLAND
4
i
By:-URR) T E.Smith Assistant Secretary W B. Walbrecher Vice-President
State of Maryland SS.
County of Baltimore I
On this 18th day of February, 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
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Carol J Fa r Alotary Public
My Comm issiorExpires: August I,21000
L1428-012141552A
ATE( MtD
ACORD. CERTIFICATE OF LIABILITY INSURANCE _7oD3Z0mq/O1qqYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Armstrong/Robitaille Ins Svcs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
680 Langsdorf Drive #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 34009
Fullerton, CA 92834-4009 INSURERS AFFORDING COVERAGE
-------------
INSURED INSURER A:Trans continental Ins. Co.
i
------------
OJB ENGINEERING, INC. INSURER B:Transp_ort at ion Ins. Co
iss S. Memorial Dr. , Suite IIHII
!INSURER c:Cont inental Casualty
P.O. Box 6405 INSURER D:
San Bernardino, CA 92412
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED On
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN If, SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_ _A&9=V LIMITS
i9§AF_,__TYPE OF INSURANCE POLICY NUMBER
LTR
A L GENERAL LIABILITY '134411223 101/01/99 i 01/01/00 F EACH OCCURRENCE1 __0_O 0 1 0 0 0__
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one I ire)$
_501-090
MED EXP(Anyone person) I$ 5 , 000
CLAIMS MADE! X OCCUR!
PERSONAL&ADV INJURY $1, 0 0 0 , 0 0 0
L
GENERAL AGGREGATE $2
A 0 0-,Q 0 0
GEN"_AGGREGATE LIMIT APPLES PER:E PRODUCTS-COMPIOP AGGj$2,_Q 0 0_,O 0 0
i
PRO-EC_J T I LOC
AUTOMOBILE LIABILITY 1134411237 101/01/99 101/01/00 COMBINED SINGLE LIMIT
(Ea accident) 1$1, 000, 000
X ANY AUTO
LBODIALL OWNED AUTOS f BODILYINJURY $
SCHEDULED AUTOS (Per person)
INJURY $
LY
HIREDAUTOS NON-OWNED AUTOS (Per aceldent}
PROPERTY DAMAGE
— ;$
(Par accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ACC
OTHERTHA
ANY AUTO $
AUTO ONLY:N EA
AGO is
B EXCESS LIABILITY_ 1134411609 101/01/99 101/01/00 EACH OCCURRENCE i$4 000 , 000
IMS MADE AGGREGATE 1s4 000, 000
OCCUR 1 1
CLA
DEDUCTIBLE Is
XI
RETENTION $10000
r 1$
I
L TATU- I IOTH-1
C WORKERS COMPENSATION AND !WC15G780253 101/01/99 101/01/00 �i AICRY�LI
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $10(00 000
11
[E.1-DISEASEEAEMPLOYEE_j;f_O 0 0 O O
E.L.DISEASE-POLICY LIMIT$1 000 000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONStVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Cancellation clause is amended to include ten day notice of cancellation
for non-payment and/or non-reporting of payroll .
Proj : Removal of Railroad Spur Contract # 20-9602-4230
Certificate holder, its elected officials, officers, agents and
(See Attached Descriptions}
CERTIFICATE HOLDER ADDITIONALNSURED;INSURERLETTER: CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Redlands DATE THEREOF,THE ISSUING INSURER WILLENDEAVORTO MAIL3_0----DAYSWRMEN
P.O. Box 3005 NO110ETOTHE CERTIFICATE HOLDER NAMED 70THE LEFT,BUITFAJLURE TODOSOSHALL
Redlands, CA 92373 IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSUREPUTS AGENTS OR
REPRESENTATIVES.
AAg;SEN ATIVE
ACORD 25-S(7/97)1 of 3 #S71073/M64833 CJL 0 ACORD CORPORATION 1985
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD2S-S(7/97)2 of 3 #S71073/M64833
Recorded in official records, County of
San Bernardino, Larry Walker, Recorder
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO No Fee
DOC NO . 19990155627
F
CITY CLERK , 08 : 53am 04/14/99
CITY OF REDLANDS
35 CAJON STREET 205 40177096 01 15
P O BOX 3005 1 - 2 3 IGIMS
6 7tCff
REDLANDS CA 92373 FillFEE APF rte cPyCRT egt ADO PCOR
L IR
9 ST LSUYTRAMS TAS 6 , l ExA
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
6. A work of improvement on the property hereinafter described was completed on April 6, 1999. The work done was:
Railroad Spur Removal, Contract No. 20-9602-4230.
T The name of the contractor for such work of improvement was: O J B Engineering Inc
P O Box 6405,San Bernardino CA 92412 March 2, 1999
(Date of Contract)
8. The property on which said work of improvement was completed is in the city of Redlands and County of San Bernardino, State of
California, and is described as follows: the intersection of Colton Avenue and Wabash Avenue
9. The street address of said property is: N/A
Dated: April 7, 1999
At
Contract Administration Engineer.Pub oaks bepadment,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.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 7, 1999,at Redlands, California.
Public works Director,Public Works D--ab"e"t, of Redlands