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HomeMy WebLinkAboutContracts & Agreements_68-2000Recorded in Official Records, County of San Bernardino, Larry Walker, Recorder RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO r 1 CITY CLERK CITY OF REDLANDS 35 CAJON STREET P 0 BOX 3005 REDLANDS CA 92373 L J No Fee Doc No. 20000320526 3:47pm 09/01/00 205 40242122 01 21 1 7 211 3 7 4 fl 5 7 6 7 7 r 8 7 9 El n PG FEE APF GIMS PH CPY CRT CPY ADD NM PEN PR PCOR c, Ilrr n„ 5 6 '---____— NON ST LN SVY CIT-CO TRANS TAX DA CHRG EXAM 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 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 August 21, 2000. The work done was: CDBG intersection Improvements, Contract No. 23-6827-2960. 7. The name of the contractor for such work of improvement was: JDC, Inc. P.O. Box 3448, Rancho Cucamonga CA 91729 June 20, 2000 (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: Various street intersections as shown on "Exhibit A," attached herewith. 9. The street address of said property is: Not Applicable Dated: August 28, 2000 Senior Engineer, Public Works 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. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 28, 2000, at Redlands, California. c Public Works Director, Public Works Departm- City of Redlands NOTICE OF COMPLETION JDC, Inc. Contract No. 23-6827-2960 Intersection List: Texas Street and Brockton Avenue Texas Street and Western Avenue Lawton Street and Colton Avenue Lawton Street and Brockton Avenue Lawton Street and Western Avenue Calhoun Street and Brockton Avenue Calhoun Street and Western Avenue Columbia Street and Colton Avenue Columbia Street and Brockton Avenue Columbia Street and Western Avenue Webster Street and Colton Avenue Webster Street and Brockton Avenue Webster Street and Western Avenue Ohio Street and Colton Avenue Ohio Street and Brockton Avenue Ohio Street and Western Avenue Clay 'Street and Colton Avenue Clay Street and Brockton Avenue Washington Street and Brockton Avenue EXHIBIT A AGREEMENT THIS AGREEMENT, made and entered into this 20th day of June, 2000, 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. in 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: 1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the following: To perform construction and installation of the CDBG Intersection Improvements Project, complete, all as shown, specified, and made a part of Contract No. 23-6827-2960. 2. THE CONTRACT SUM OF: $89,200.00 3. TIME FOR COMPLETION: The work shall be completed within forty-five (45) 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. 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, employees, and agents as additional insured, and such insurance shall be primary with respect to such additional insured and non-contributing to any insurance or self-insurance maintained by the additional insured. 8. FEDERAL PROVISIONS: Federal Labor Standard Provisions (HUD 4010) and Federal Prevailing Wage Rate CA000037, Mod. 2, attached herewith, are made a part of this contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY'S SEAL ATTEST: erk, City . LANDS Cotfnty of San dino, California Mayor, City of REDLANDS County of San Bernardino, California JDC, Inc. Name of Contractor CONTRACTOR'S SEAL By: Signat re of Authorized Agent Jim De Armond, President Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 689334 A Contractor's License No. WORKERS' COMPENSATION INSURANCE STATEMENT I, 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 Contract No. 23-6827-2960. By: JDC, Inc. Name of Contractor Signat ire of Authorized Agent Jim De Armond, President Signatory's Title 689334 A Contractor's License No. DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO: City of Redlands C/O DATE — 03 CONTRACT NUMBER (If any) 23-6827-2960 PROJECT NAME CDBG Intersection Improvements Project 1. The undersigned, having executed a contract with the City of Redlands for the construction of the above -identified project, acknowledges that: (a) The Labor Standards Provisions are included in the aforesaid contract. (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility. 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible Contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C. 276a-2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an eligible Contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF C..4-0/4/ F: (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: NAME__ TITLE ADDRESS U,n'i J1�Jfr9 Eaa-3 _ /v,/ Si— (?E I Vei'fcp.a,.0 ,, ...—. 44AC itc. i�c.4)5-.. 7173 (d) The names and address of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are (if none, so state): NAME ADDRESS NATURE OF INTEREST (e) The names, addresses and trade classifications of all other building construction Contractors in which the undersigned has a substantial interest are (if none, so state): NAME ADDRESS TRADE CLASSIFICATION Date: oc (Contractor) By: WARNING Jim De Armond, President U.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: "Whoever, ... makes, passes, utters, or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both. CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS I, ��• •rc , as prime Contractor for Contract No. 23-6827-2960, hereby make the following certification and acknowledgement with respect to the applicability of Davis -Bacon and Related Acts Requirements: 1) By entering into this contract, I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis -Bacon and Related Acts Requirements; and, 2) The Prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications, as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime Contractor shall make written request to County to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions, the higher wage must be paid for that classification. The prime Contractor is responsible for ensuring subcontractor compliance with Davis -Bacon and Related Acts Requirements. 1ont Sigrimeractor Jim De Armond, President natur P Title (Owner or President) Date CERTIFICATION OF CONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Contract No. 23-6827-2960 INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective Contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. Contractor's Name: Address and Zip Code: CERTIFICATION BY CONTRACTOR JDC, Inc. P. O. Box 3448 Rancho Cucamonga CA 91729 1. Contractor has participated in a previous contract or subcontract subject to Equal Opportunity Clause. Yes (N,' No ❑ (If answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes Q' No ❑ (If answer is yes, identify the most recent contract.) 3. Contractor has filed all compliance reports due under applicable instructions, including SF-100. Yes (f7 No ❑ None Required ❑ 4. If answer to item 3 is "No," please explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. Jim De Armond, president Name and Title of Signer (Please Type) -7- dv Signature Date AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND VENDORS JDC, Inc. NAME OF CONTRACTOR adopts this plan to affirm its support of a program of equal employment opportunity, and to assure compliance with Executive Order Numbers 11375, Title VII of the Civil Rights Act of 1964, Section 503 of the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing entity's Affirmative Action Compliance Program. This Contractor agrees to assert leadership within the community and to put forth good faith efforts to achieve full employment and utilization of the capabilities and productivity of all our citizens without regard to race, age, color, sex, religion, ancestry, national origin, marital status, or handicap. This Contractor further recognizes that the effective application of a policy of equal employment opportunity involves more than just a policy statement and will, therefore, undertake affirmative action to make known that equal opportunities are available on the basis of individual merit, and to encourage advancement on this basis. The following Affirmative Action Program is hereby established as the policy and practices of our company: Instructions: Indicate your policy by circling the applicable letter to the left of each item below. The letters are to be interpreted as follows: A - This is now a practice of our company. B - Our company will adopt this policy. C - Our company cannot or will not adopt this policy. If C is circled, explain reason. Use separate sheet if additional space is needed. 2. Our company shall recruit and hire all employees without regard to race, age, color, sex, religion, ancestry, national origin, marital status, or handicap, and will treat all employees equally in respect to compensation and opportunities for advancement, including upgrading and promotion. Explain: Our company will actively use recruitment sources such as employment agencies, unions, and schools which have a policy of referring applicants on a nondiscriminatory basis. C Explain: 3, Our company will disseminate its affirmative action policy externally by informing and discussing it with all recruitment sources, by advertising in news media, specifically including minority news media, and by notifying and discussing the policy with all local minority, handicapped, and women's organizations and subcontractors and shall maintain records of the organizations' responses. C Explain: 4, Our company shall make specific and constant personal, written, and oral recruitment efforts directed at all local minority, handicapped, and women's organizations, including schools, recruitment, and training organizations. C Explain: 5. Our company shall make specific efforts to encourage present minority, handicapped, and women employees to recruit their friends and relatives whose status also comes under that of minority, handicapped, or women. B C Explain: A `CJ 6. Our company will maintain a file of the names and addresses of each minority applicant and female applicant referred to the company for hiring, and if the applicant is not considered for employment or was not employed, the company's file should document this and the reasons therefor. C Explain: 7. Our company shall notify the implementing entity Contract Compliance Officer when the union or unions with whom our company has a collective bargaining agreement have not referred to the company a minority, handicapped, or female worker sent for by the company or the company has other information that the union referral process has impeded the company's effort to meet the established goals ,of affirmative action. C Explain: (3 8. Our company will actively take steps to integrate any positions, departments, or plant locations which have no women or minorities or are almost staffed with one particular group. B C Explain: 0 9. Our company shall insure that all employee specifications, selection requirements, tests, and other employee recruitment or evaluation procedures do not discriminate against minorities, handicapped, or women. C Explain: 10. Where reasonable, our company shall develop or finance on-the-job training opportunities and participate and assist in any association or employee group training programs relevant to the company's employee needs. C Explain: Our company shall continually inventory and evaluate all minority, handicapped, and female personnel for promotion opportunities and encourage minority and female employees to see such opportunities. C Explain: (9 12. B C Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms of compensation, and other employee practices and classifications do not have an unlawfully discriminatory effect on handicapped, minority, or female employees. Explain: 13. Our company will make certain that all facilities normally used concurrently by all company activities are nonsegregated. Explain: 014. Our company shall make certain that all subcontractors are in compliance with the Affirmative Action Compliance Plan of the implementing entity, and that all project subcontractors have an approved B Affirmative Action Plan. C Explain: 15. B C Our company shall solicit bids for subcontracts from minority subcontractors and female subcontractors subject to availability. Explain: A 16. Our company shall make every effort to provide after -school, summer, and vacation employment to minority youths. B Explain: U aks k '� Nvc�a�w��Clrs �y P� escar21�- 17. Our company shall continually monitor all personnel activities to insure that the implementing entity's Affirmative Action Policy for Contractors and vendors is carried out. B Explain: 62) -d -©0 DATE IGNA RE TITLE Bond No.: 8084589 Bond Premium: $1,284.00 Bonds Issued: 3 PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and JDC, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated June 20, 2000, and identified as Contract No. 23-6827-2960, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient faithful performance bond with the City. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of Eighty —Nine Thousand Two Hundred Dollars 00/10Qlollars ($ **89, 200** ) 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 29th June JDC, Inc. Principal By: , 2000. (SEAL) Signature James De Armond, President (Notarial Acknowledgments of Contractor and Surety) Fidelity and Deposit Company of Maryland (S) Surety By: )(M)6W Signature ( J.W. Johnson, Attorney -In -Fact Address: 225 S. Lake Ave., Ste. 700 Pasadena, CA 91101 Telephone: (626) 792-2311 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 the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full ��e and effe the date hereof, does hereby nominate, constitute and appoint J. W. Johnson, of Fullerton, Cali its true wful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as sure as its a deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pu e of then nts, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if th been d cuted and acknowledged by the regularly elected officers of the Company at its office in Baltimor R►.., in their proper persons. This power of attorney revokes that issued on behalf of J. W. Johnson, dated Janu The said Assistant Secretary does hereby Article VI, Section 2, of the By -Laws of s IN WITNESS WHEREOF, the said affixed the Corporate Seal of the November, A.D. 1999. ATTEST: FIDELITAND ctract set forth on the reverse side hereof is a true copy of now in force. Assistant Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, this 19th day of SIT COMPANY OF MARYLAND By: T. E. Smith Assistant Secretary State of Maryland } Ss: County of Baltimore JJ W. B. Walbrecher Vice -President 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 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. L1428-012-4152 c CaofJF,adcsr Notary Public My Commissidfi Expires: August 1,. 2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT e e A :%.c�-�>�%�%�:'��'<�>��>��,t>r.�.ccco�Y`.US_�������'-cY>�'�S>���c;c��'�>-e�>��'���"���r�I State of California County of Orange On 06-29-00 , before me, Date SS. Sandi Forte, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared J.W. Johnson Name(s) of Signer(s) 13 personally known to me ❑ proved to me on the basis of satisfactory evidence SANDI FOR L- C:otmrnission # 121205 Notary Public - California Orange County My Comm. Expire; to. r 1, 2003 Place Notary Seal Above to be the person() whose name( is/kiNsK subscribed to the within instrument and acknowledged to me that he/i executed the same in hisht1P.XVIEX authorized capacity), and that by his/#ir signature( on the instrument the personi, or the entity upon behalf of which the person() acted, e etitehthe insttut. OPTIONAL Signature of Notary Public 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: 06-29-00 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General N Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland RIGHT THUI OF SIG PRINT R - Top of thumb here- ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 06-29-00 , before me, Date Sandi Forte, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared J.W. Johnson Name(s) of Signer(s) M personally known to me ❑ proved to me on the basis of satisfactory evidence SANDI FORTE, Commission # 1212058 — L x � •` t�(nte�ry Pudic - California ,. Orange County tsl r Mar 1, 2003 Place Notary Seal Above to be the person() whose name(g) is/ subscribed to the within instrument and acknowledged to me that he/ i(1t i executed the same in hishroMEMIX authorized capacitypa), and that by his/Mftlar signature(K) on the instrument the personi4, or the entity upon behalf of which the person(K) acted, executed the irr- strument. NESS my ha OPTIONAL official seal. Signature of Notary Public 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: 06-29-00 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland s- :OF SIGNER Top of thumb here. 40 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 Bond No.: 8084589 Bond Premium: Included in Performance Bond Bonds Issued: 3 PAYMENT 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 June 20, 2000, and identified as Contract No. 23-6827-2960, 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 7ghHilllf7YPrl n i 1 sandanrl on dollars ($ **89, 200** ) 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 29th June , 2000. JDC, Inc. (SEAL) Fidelity and Deposit Company of Maryland (SEAL) Principal Surety By: Signature James De Armond, President By: ` C MAA-14 Signature J W. Johnson, Attorney -In -Fact Address: 225 S. Lake Ave., Ste. 700 Pasadena, CA 91101 (Notarial Acknowledgments of Contractor and Surety) Telephone: ( 626) 792-2311 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 the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full e and effe the date hereof, does hereby nominate, constitute and appoint J. W. Johnson, of Fullerton, Cali , its true fu1 agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as sure as its a deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pu e of thes nts, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if th been d cuted and acknowledged by the regularly elected officers of the Company at its office in Baltimor�l.., in their proper persons. This power of attorney revokes that issued on behalf of J. W. Johnson, dated Janua 998. The said Assistant Secretary does hereby Article VI, Section 2, of the By -Laws of s IN WITNESS WHEREOF, the said affixed the Corporate Seal of the November, A.D. 1999. ATTEST: FIDELITAND that t ��. mpany 'reside DELIT���`I ctract set forth on the reverse side hereof is a true copy of now in force. Assistant Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, this 19th day of SIT COMPANY OF MARYLAND By: T. E. Smith Assistant Secretary State of Maryland ss: County of Baltimore - W. B. Walbrecher Vice -President 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 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. Far My Commissi L1428-012-4152 Notary Public Expires: August 1, 2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 06-29-00 , before me, Date Sandi Forte, Notary Public personally appeared James De Armond Name(s) of Signer(s) 0 personally known to me ❑ proved to me on the basis of satisfactory evidence SA+NDI FORTE Commission # 1212058 Notary Public - Calif-nia Orange County iYiy Comm. Expire- M,C,r 1, 2(X3 Place Notary Seal Above z Name and Title of Officer (e.g., "Jane Doe, Notary Public") to be the person*) whose name(g) subscribed to the within instrument and acknowledged to me that he/51iPi -Wt executed the same in his/fMMO: K authorized capacity(ie ), and that by his/hRailaax signature(s) on the instrument the person(6), or the entity upon behalf of which the person( acted, executed the instrument. WIT ESS my h and o cial seal. OPTIONAL Signature o ary Public 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: 06-29-00 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual >ig Corporate Officer — Title(s): Presi dent ❑ Partner — ❑ Limited D General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: JDC, Inc. 1 OF'SIGP62 Top of thumb here 1 © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S vz cam : c< � : cs ccc� � c cr c� ccc e v crud yc•t`A7z State of California County of Orange On 06-29-00 , before me, Date personally appeared SS. Sandi Forte, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") James De Armond + •� Ukit nor ir., . n 1212058 z ;rc�ry Putinc - Coiifcrri° Orr;nne County b iy (:'Qr1, n. Expires Mir 1, 20g3 Place Notary Seal Above Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(s') is/Mg subscribed to the within instrument and acknowledged to me that heigh6RWO executed the same in his/tX KbtE `IK authorized capacity(pea), and that by his/b418X eQR signatures) on the instrument the person(6), or the entity upon behalf of which the person(i4 acted, exec ed the instrument. WITN SS my nd CAnre), OPTIONAL fficial seal. Signature of'IQotary Public 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: 06-29-00 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ig Corporate Officer — Title(s): Presi dent ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: JDC, Inc. Top of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Client#: 32943 JDCINC ACQRJ1M CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D D/YY)06/30/00 PRODUCER Armstrong/Robitaille Ins. Svcs P.O. Box 34009 Fullerton, CA 92834-9409 714 - 5 7 8- 7 0 5 4 FAX 714 - 5 7 8- 74 8 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED J. D . C . , Inc. P.O. Box 3448 Rancho Cucamonga, CA 91739 INSURERA:Westchester Fire Ins. Co. INsuRER B:Golden Eagle Ins Corporation INSURER c:State Compensation Insurance Fund INSURER D: 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 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY), POLICY EXPIRATION DATE(MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GLS675102 - 07/01/00 07/01/01 EACHOCCURRENCE $1, 000, 000 X FIRE DAMAGE (Any one fire $5 0 , 000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5 , 000 PERSONAL & ADV INJURY $1, 000, 000 GENERAL AGGREGATE $2 , 0 0 0, 0 0 0 GEN'LAGGREGATELIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $1, 000, 000 POLICY X PROT LOC JEC B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CCP55236301 07/01/00 07/01/01 COMBINED SINGLE LIMIT (Ea accident) $1 , 000 i 000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIAB I LITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO $ A EXCESS LIABILITY CUS201922 07/01/00 07/01/01 EACH OCCURRENCE $1, 000, 000 XI OCCUR n CLAIMS MADE AGGREGATE $1 , 0 0 0 , 0 0 0 DEDUCTIBLE RETENTION $ $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 158929000 07/01/00 07/01/01 X TORYLMTS OER E.L, EACH ACCIDENT $1 , 0 0 0 , 0 0 0 E,L.DISEASE-EAEMPLOYEE $1 , 0 0 0, 0 0 0 E,L.DISEASE-POLICY LIMIT $1, 000, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 60 DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM RE: Contract #23-6827-4230; CDBG Intersection Improvements The City, its elected officials, employees, and agents are named as additional insureds as respect general liability. This insurance is (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER CANCELLATION City of Redlands P.O. Box 3005 Redlands, CA 92373 ACORD25-S(7/97)1 of 3 #S111688/M111682 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ] IVIAR MAIL60 DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, IsLfXACICKNOQR5Q6DCX AUTHOZED REPRESENTATIVE ivy SLH © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) primary and any insurance available to the additional insureds shall be excess and non-contributory. AMS 25.3 (07/97) 3 of 3 #5111688/M111682 POLICY NUMBER: GLS675102 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEESS or CONTRACTORS [FORM B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Redlands P.O. Box 3005 Redlands, CA 92373 {If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.} WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. 60 DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM RE: Contract #23-6827-4230; CDBG Intersection Improvements The City, its elected officials, employees, and agents are named as additional insureds as respect general liability. This insurance is primary and any insurance •available to the additional insureds shall be excess and non-contributory. CG201011 85 Contract Award - CDBG Intersection Improvements Project - Bids were opened and publicly declared on June 8, 2000 by the City Clerk for construction of the Community Development Block Grant (CDBG) intersection improvements project which will construct curb and gutter, cross gutter, and handicap ramps improvements at various intersections within the CDBG Target Area; 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 $89,200.00, and it would be in the best interest of the City that this contract be awarded to said firm. It was further recommended this award be in the full $104,000.00 amount of the CDBG funds allocated to allow use of the $14,800.00 for change orders to add intersections, if approved, by the County ECD staff. On motion of Councilmember Freedman, seconded by Councilmember George, this recommendation was unanimously approved, and the Mayor and City Clerk were authorized to sign the contract on behalf of the City. Street Tree, Trails, and Redlands Heritage Park Committees - Public Works Director Mutter reported the Trails Committee and the Street Tree Committee were established and appointed under Resolution No. 5574 adopted by the City Council on November 3, 1998, in an effort to assist staff with policies and operations relative to their particular function. The formation of the Redlands Heritage Park Committee was approved on February 16, 1999, and members appointed on April 20, 1999. Since these three committees were formally appointed by the City Council, they are subject to all rules and regulations of the Brown Act. Agendas are prepared and minutes recorded. Staff has been subject to significantly more work in support of these committees as well as trying to avoid Brown Act and conflict of interest violations. All three committees make recommendations to the Parks Commission which reviews these recommendations and forwards them on to the City Council. In an effort to make things more flexible for staff and the committee members, it was recommended these three committees be disbanded as formal committees and re -organized as sub -committees under the Parks Commission. Speaking in opposition to this recommendation were: Linda Romero, Street Tree Committee; Mike Kelly, Trails Committee; Caroline Laymon, former member of the Trails Committee; Mary Ellen Harris, Parks Commissioner; Teddy Banta, Trails Committee; Craig Wesson, Parks Commissioner; Saralyn Brooks; Bettina McLeod, Street Tree Committee; Laurie Harding; and Bill Cunningham, Councilmember-emeritus. Councilmembers expressed their concerns and suggested consolidating these committees under the auspices of the Planning Commission as there is a cross -over of their goals which involves both departments. Councilmembers concurred to defer this matter at this time, and asked Community Development Director Shaw and Public Works Director Mutter to report back after further study. Public Works Director Mutter also suggested the City Council should set and define goals for these committees. June 20, 2000 Page 3