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HomeMy WebLinkAboutContracts & Agreements_142-2000AGREEMENT THIS AGREEMENT, made and entered into this 19th day of December, 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 Cunningham -Davis Corporation_of the City of Calimesa, 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 of the Great Neighborhoods Street Improvements project, complete, all as shown, specified, and made a part of Contract No. 86-1918-4230. 2. THE CONTRACT SUM OF: $ 158,753.02 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. CD-17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY'S SEAL ATTEST: City erk, City o .ANDS County of San Bdrnar ino, California CONTRACTOR'S SEAL Mayor, City of REDLANDS County of San Bernardino, California Cunningham -Davis Corporation Name of Contractor By: ; Cam, -e r , ..` Signature of Authorized Agent cc, -• Tres; de -or Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 242086 A, Haz & C-10 Contractor's License No. CD-18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s� rc� cry e�crerer� rocs c� erec crecc� �r e res .<.c ec c e` cr4X'&(rcr. ec s- State of California County of 0 f/) on /— /5--6 Date personally appeared , before me, ss. A'0/ Z, Name and Title of Officer (e.g., "Jane Doe, Notary Public") Le�vl ;0KV)E �v1 Name(s) of Signer(s) ❑ personally known to me ©—proved to me on the basis of satisfactory evidence CAROL L. CARL Commission # 1177580 Notary Public - California f- San Bernardino County My Comm, Expires Apr24,2002 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI ESS my hand and official se OPTIONAL Signature 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 current 1 l �[ Title or Type of Document: Prf., �z fr2'% © C / V Q7/ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUM OF SIGN PRINT R- 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 Tot -Free 1-800.876-6827 PREMIUM BASED ON FINAL CONTRACT PRICE Bond Number: 3SM 986 692 00 Premium: $3,175.00 , 2001 _ Cunningham —Davis Corporation,�� ,(SE'Ar.) PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and Cunningham -Davis Corporation (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 December 19, 2000, and identified as Contract No. 86-1918-4230, 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 One Hundred Fift Eight Thousand Seven Hundred 158, 753. the Fift Three and 02/IOOths-- dollars ( ) 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 WII REOF, this instrument has been duly executed by the Principal and surety named, on January 12th Principal Surety AMERICAN MOTOR INSURANCE CO r Y C- By: SignatureSignaturc (SEAL) /- (Notarial Acknowledgments of Contractor and Surety) CD-20 oddle, Attorney —in —Fact Address: 74 gueroa Street Los/Ang:' es, CA 90041 Telephone (323 ) 257-8291 State of California County of Los Angeles On JAW 1 2 2000 before me, personally appeared David Z. Noddle NAME OF SIGNER • Personally known to me - OR - ❑ 0 yys V . 1 COMM. #1256236 R '4--AZY NOTARY PUBLIC - CALIFORNIA S < , /,, LOS ANGELES COUNTY 2 a : �;;��j: My Comm. Expires hYatrh 10, o ®®®C]®O.Cl0 .C30©Ni00:bCJ 0®@t)m 00067®©0 60000 A. MELEN®EZ A. Melende , Notary Public, NAME, TITLE OF OFFICER proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an official seal. TURF O NOTARY) GNA O Y) 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 SURETY ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTLE(S) ❑ PARTNER(S) ❑ e ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR El OTHER LIMITED GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company Lumbermens Mutual Casualty Company American Manufacturers Mutual Insurance Company Lou Jones & Associates DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OR PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAME ABOVE Title or Type of Document: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On l- %5-- 6 1 , before me, Date % Name and Title of 0 r (e.g., "Jane Doe, Notary Public") personally appeared (J T ' /.l / (� d E. ao/,,.,5 Name(s) of Signer(s) ❑ personally known to me 'IWO-Dyed to me on the basis of satisfactory evidence CAROL. L. CARL Commission # 1177580 Notary Public - California San Bernardino County My Comm, Expires Apr24, 2002 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT ESS my hand and offi ial se OPTIONAL Signal u l'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 Attachednlcument I kJ -IL -- Document Date: / -Of 78one4---- Number of Pages: / } Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THU OF SIGP PRINT R Top of thumb here _G ' ev v- _. _ °' e • - __ e' e - " ',4'. d a.. d-'&'"- --'ev-e'`. .4' - ._ ti © 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 Bond Number: 3SM 986 692 PAYMENT BOND WHEIEAS, the City Council of the City of Redlands, state of California (hereinafter designs ed as 'City"), and Cunningham -Davis Corporation (hereinafter designated as "Principal") have entered i to an agreerttent whereby Principal agrees to install and complete certain designated public improve ents, which by tiaid agreement dated December 19, 2000. and identified as Contract No- 86-191 S-42r U. is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering up n the performance of the work, to furnish a good and sufficient labor and materials payment bond with th- City CO secure the claims to which reference is made in Title 15 (cornMencing 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, arc held and trmly bound unto the City and all contractors, subcontractors, laborers, rmaterialrnen, and any other p° rson5 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 HundreddFiftFifhreEght:TTnhguspatd Seven oilers ($ 158, 753.02 ) for materials furnished or labor Hereon aef anykir c1, or for amounts due un er the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the s.me in an atzmount not exceeding the amount hereinabove set forth, and also in case suit IS brought up n this bond, will pay. in addition to the face amount thereof, costs and reasonable expenses and fees, in tiding reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to he a . arded and fixed by the court, and to be taxed as costs and to be included in the judgement therein ren red. 1t is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all p sans, companies and corporations entitled to file clairx>5 under Title 15 (commencing with Section 3082) f Pan 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in a y suit brought upon this bond. Should the condition of this bond be fatly performed, then this obligation shall become null an 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 accomp•nying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of a r such change, extension of time, alteration or addition to the terms of the agreement or to the work o to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and suret named, on January 12th , 200 1: Cunningham —Davis Corpoftion (SEAL) 1'ru,cirai Signature (Nnoirol Acknowledgments or Contrawtor and Surety) CD-2 i AMERICAN MOTORIST INSURANCE COMPAN Surety By, Signature D Address_ 7470 dle, Attorney —In —Fact eroa Street , CA 90041 Telephone: (L1 257-8291 • CAL ORZ".+N A::ALL- ': < ; Ir A : :11 : ::::"liii::'::::»::> ::::>::: State of County of California Los Angeles On ..LAN 2 20 before me, personally appeared David Z. Noddle NAME OF SIGNER ▪ Personally known to me - OR - ❑ r1•0611,09i6*v0,)00000000000000000bfiG009p0 comm. #1256236 19 NOTARY PUBLIC -LOS wan COMFY C�ul�aiMA $ o©M Comm. Spires Webm 10®2044ad A. MELENDE1 A. Melende Notary Public.. NAME, TITLE OF OFFICER proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand ar.d official seal. (SIGNATLIFtE VF NOTARY) 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 SURETY ❑ INDIVIDUAL ❑ CORPORA'Ji OFFICER DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL • ❑ ATTORNEY -IN -FACT TRUS 1'LE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company Lumbermens Mutual Casualty Company American Manufacturers Mutual Insurance Company Lou Jones & Associates TITLE OR TYPE OF DOCUMENT NUMBER OR PAGES IAN 1 2 2001 DATE OF DOCUMENT SIGNER OTHER THAN NAME ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r rcr rc�c�c� c� cc cc r cc �r ' .c cr?r crc�c<?c - • State of California 2-ekCounty of y) novob'fr%6) ss. On Date personally appeared ! � 6 f , before me, (- vo / L Name and Title icer (e.g., "Jane Doe, Notary Public") r C/ is PV7c ,f (40 Name(s) of Signer(s) ❑ personally known to me Cl--proved to me on the basis of satisfactory evidence CAROL L. CARL Commission # 1177580 Notary Public - California San Bernardino County My Comm. ExposApr24,2002 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITIESS my hand and official sea 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 Doc ent Title or Type of Document: "6 1,' OY'Y�Q �` -2,01') Document Date: Number of Pages: / Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 RIGHT THU OF SIG PRINT R Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 KTEmPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinols, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint David Z. Noddle of Los Angeles, California ******************* their true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings**************************************** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the. Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this March 20, 2000. Attested and Certified: )e-tiat .4471,1 Robert P. Flames, Secretary by Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company (512— )Ce..;1014-•-.. J. S. Kemper, III, Exec.Vice President 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. 86-1918-4230. Cunningham -Davis Corporation Name of Contractor By: {ear . Signature of Authorized Agent ViC.YQSiafA Signatory's Title 242086 A, Haz & C-10 Contractor's License No. CD-19 CERTIFICATION OF CONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Contract No. 86-1918-4230 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 Cunningham -Davis Corporation 35600 Singleton Road Calimesa CA 92320 1. Contractor has participated in a previous contract or subcontract subject to Equal Opportunity Clause_. Yes u✓ No ❑ (If answer is yes, identify the most recent contract.) 2. Compli nce reports were required to be filed in connection with such contract or subcontract. Yes No ❑ (If answer is yes, identify the most recent contract.) 3. Contrac or has filed all compliance reports due under applicable instructions, including SF-100. Yes g 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. W; a\ict.tAttvt z U j ea —`!Yes; 040— `/��<1;17,17 Signature to and Title of Signer (Please Type) II c 1APO Date CD-22 CERTIFICATION OF SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Cunningham -Davis Corporation 86-1918-4230 NAME OF PRIME CONTRACTOR CONTRACT NUMBER 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 subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. Subcontractor's Name: Address and Zip Code: SUBCONTRACTOR'S CERTIFICATION Pavement Recycling Systems 121 N. Main Street Riverside CA 92502 1. Subcontractor has participated in a previous contract or subcontract subject to Equal Opportunity Clause. Yes N No ❑ 2. Cofn.li. ice reports were required to be filed in connection with such contract or subcontract. Yes P No ❑ 3. Sub ontractor has filed all compliance reports due under applicable instructions, including SF- 100. Yes 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. f re Name and Title of Signer (Please Type) /a--ayaa Sig ature Date CD-23 CERTIFICATION OF SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Cunningham -Davis Corporation 86-1918-4230 NAME OF PRIME CONTRACTOR CONTRACT NUMBER 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 subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. Subcontractor's Name: Address and Zip Code: SUBCONTRACTOR'S CERTIFICATION Matich Corporation P.O. Box 50,000 San Bernardino CA 92412 1 Subcontractor has participated in a previous contract or subcontract subject to Equal Opportunity Clause. Yes No ❑ 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes C' No ❑ 3. Subcontractor has filed all compliance reports due under applicable instructions, including SF- 100. Yes Cr 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. £tACENE V'c Name and Title of Signer (Please Type) /2-29�d Signature Date CD-23 AACG-8 THIS SIDE FOR CONTRACT COMPLIANCE USE ONLY Percent Minorities of Total SMSA Percent Does Contractor Meet SMSA Percentages? ❑ Yes ❑ No Warning Letter Issued Reviewed By Date Contract Compliance Officer CONTRACTS PROCESSED Annual Qualification Dates Date Project Dollar Amount From To Contract Compliance Qualifying Report For Construction Contractors and Vendors Comments CONTRACTOR'S AFFIRMATIVE ACTION REPORT A. Contractors will be required to complete the distribution report when: ■ The depamttent designee has determined that the contractor is the low bidder, or ■ The Board of Supervisors has decided to waive the competitive bidding process in lieu of being a sole source Contractor. FEDERAL ID/SOCIAL SECURITY NO. 's" - US`749ff 1. Name of Contractor's Business CUNNINGHAM-DAVIS CORPORATION 2. Address 35600 SINGLETON ROAD 3. City CAIIMESA State CA Zip Code 92320 4. Telephone Number (909 ) 795 - 5090 5. Type of Business Ceu Si `( C 4 K DATE / / 3 /Of 6. Average Annual Sales or Receipts for preceding three years $ 4, SW ea 0 The distribution report shall be reviewed and approved by the County Affirmative Action Office for affirmative action compliance_ Reviewed by Comments ❑ Approved ❑ Disapproved B. Contractor agrees to comply with the provisions of the Affirmative Action Compliance Program of the County of San Bernardino and rules and regulations adopted pursuant thereto. Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, California Public Contracts Code Section 2000 and the San Bernardino County MWBE Policy No. 11-15, and other applicable Federal, State and County laws, regulations and policies relating to equal employment opportunity including laws and regulations hereafter enacted. Attached is the statement of Contractor's Affirmative Action Policy. The Contractor agrees to make a good faith effort to meet the goals of the plan as part of these contract obligations. Contractor understands that this plan will become a part of Contractor's comprehensive management policy. Contractor agrees to insert in all subcontracts on the project bid herewith a provision that said subcontractors will comply with the provisions of the San Bernardino County Affirmative Action Compliance Program and rules and regulations adopted pursuant thereto, Executive Order 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, and other applicable Federal and State laws and regulations relating to equal employment opportunity, including laws and regulations hereafter enacted. Contractor agrees to furnish to the MWBE office the name of each MWBE business that will furnish supplies, goods or services in excess of $10,000 individually, Said names shall be furnished prior to the time the MWBE business commences work. Contractor also hereby agrees to provide the San Bernardino County MWBE Program Office any access and information that they may request to assist in determining compliance with the Program. I declare under penalty of perjury that the following is true and correct. /V/ ®f DATE SIGNATURE Pr.CC Pres TITLE CURRENT WORK FORCE OCCUPATIONAL CATEGORY ALL EMPLOYEES 'MINORITY EMPLOYEES TOTAL MINORITIES UNDERUTndZATION RECOMMENDED HIRING GOALS TOTAL MALE FEMALE MALE FEMALE MINORITY FEMALE Black Hispanic Asian or Pacific Islander American Indian or Alaskan Native Bract: Hispanic Asian or Pacific Islander American Indian r Alaskan Native YES NO YES NO Minority SMSA 1990 M F GROUP % Administrators f f 0 Af Am 5.90 Professional ( ! 0 fltsp 24.80 Technical 0 41 Nat Am 0.78 Sales 0 19 Asn PI 3.70 Clerical t f el Skilled ` !�' ®s 8 1 Operatives (Semiskilled) ' f 4/ 44,1 Laborer (Unskilled) 3 3 / f Service Workers TOTAL 3 7 `� 4( f f 0 1 AACG-9 AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND VENDORS Cunningham -Davis Corporation 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. P 1. 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. C Explain: 2. 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: 0 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: AACG-15 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: 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 B employed, the company's file should document this and the reasons therefor, C Explain: A 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 B the union referral process has impeded the company's effort to meet the established goals of affirmative action. Explain: Vo (v i ptn a Ci.Yae,vw eA4'r i a Cd iA 8. Our company will actively take steps to integrate any positions, departments, or plant locations which have t�.•++ 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: 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: 11. 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: 12. 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. C Explain: AACG-16 Our company will make certain that all facilities normally used concurrently by all company activities are nonsegregated. Explain: 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 Affirmative Action Plan. C Explain: 015. Our company shall solicit bids for subcontracts from minority subcontractors and female subcontractors subject to availability. B C Explain: C) 17. C Our company shall make every effort to provide after -school, summer, and vacation employment to minority youths. Explain: 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. Explain: DATE Gd tNe m dQAAv TITLE AACG-17 AgoRD. CERTIFICATE OF LIABILITY INSURANC uim ID =15.2 PRODUCER Austin Cooper & Price Ins Agency Inc (Lic-0546677) P O Box 3280 ^-n Bernardino CA 92413-3280 .ne:909-886-9861 Fax:909-886-2013 DATE (MMIDD/YY) 12/22/00 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 Cunningham -Davis Corp , P 0 Box 729 Calimesa CA 92320 INSURER A: Safeco Insurance Company INSURERB: California Indemnity INSURER C: 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 CP8160722 11/01/00 11/01/01 EACH OCCURRENCE S1,000,000 X FIRE DAMAGE (Any one fire) $ 200,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10 0 0 0 PERSONAL & ADV INJURY , $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMP/OP AGG $ 1,000,000 PRO- n LOC POLICY JECT i A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA8160722 11/01/00 11/01/01 COMBINED SINGLE LIMIT (Ea accident) $ $1, 000, 000 . X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA OTHER THAN ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY UEL8160722 11/01/00 11/01/01 EACH OCCURRENCE $ 2, 0 0 0, 0 0 0 X OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N8060008B 07/01/00 07/01/01 WC STAI U- OM- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE • EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 A OTHER Equipment CP8160722 11/01/00 11/01/01 see below DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Great Neighborhood Street Improvements Contract #86-1918-42-30 Certholder is add'l insured as respects gen'l liab per CG2010 1093 30 days N 0 C except 10 days for nonpayment ADDITIONAL INSURED; INSURER LETTER: A CIRED02 City Of Redlands its officers,agents & employees P 0 Box 3005 Redlands CA 92373-3005 ACORD 25-S (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EMAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, eIPIRMIMImmimomminft ©ACORD CORPORATION 1988 POLICY NUMBER: CP08160722 COMMERCIAL GENERAL IABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY PART. SCHEDULE:Great Neighborhood Street Improvements Contract #86-1918-42-30 Name of Person or Organization: City of Redlands its officers, agents & employees (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 ongoing operations performed for that insured. CG 20 10 10 93 Copyright, Insurance Services Offices, Inc., 1984 the City of Redlands' Emergency Services Academy for the 2000-20001 school year. Development Impact Fees - Annual Report - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously accepted the annual report of development impact fees for the year ended June 30, 2000, in accordance with California Government code Section 66006. Contract Award - Great Neighborhoods Street Improvements - Bids were opened and publicly declared on November 30, 2000, by the City Clerk for the construction of the Great Neighborhoods Street Improvements Project which will complete curb, gutter, sidewalk, driveway and street tree installations and resurface Webster Avenue, Alta Street, and Sixth Street in the area bounded by Lugonia Avenue on the north, Tribune Street on the east, Brockton Avenue on the south, and Orange Street on the west; 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 Cunningham -Davis Corporation, Calimesa, in the amount of $158,753.02, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember George, seconded by Councilmember Haws, this recommendation was unanimously approved and the Mayor and City Clerk were authorized to sign the contract on behalf of the City. Multi -Species Habitat Conservation Plan - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved a memorandum of understanding by and between the U. S. Fish and Wildlife Service, the California Department of Fish and Game, the County of San Bernardino, 15 affected cities in southwestern San Bernardino County, and additional participating agencies, and to approve the first amendment to the Memorandum of Understanding regarding the San Bernardino Valley Multi- Species Habitat Conservation Plan, and authorized the Mayor and City Clerk to sign the document on behalf of the City. Agreement - Community Senior Center - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously authorized an independent contractor agreement with Estella Santacruz for the purpose of conducting computer classes for seniors at the Community Senior Center and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. MOU - RASME - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously ratified the new Memorandum of Understanding with the Redlands Association of Safety Management Employees and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. December 19, 2000 Page 4