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HomeMy WebLinkAbout04951 - JDC INC RAMON ROAD SIDEWALK PROJECT CITY PROJECT 03-08 RAMON MOBILE HOME PARK ENTRANCE THORNHILL ROAD HOC >Ki84 '0926774 11/19/2 08:00R Fee:NC Page 1 of t Recorded in Official Records County of Riverside Gary L. Orso Assessor, Count y Clerk 8 Recorder I III IIIIII I II�IIII IIIII IIII IIIIII III IIIII III IIII Recording Requested By And M s u PACE size Dn ASMFWhen Recorded Return To: City of Palm Springs, Attn: City Clerk P.O. Box 2743, Palm Springs, CA 92263-2743 _,.(SPACE ABOVE THIS LINE FOR RECORDING USE) A R „(Exi,NPT FROM RECORDING FFF.PER Gov CODE§6r03) NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California- 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, On behalf Of Said City, any and all Notices of Completion. 3. The address of the City of Pahn Springs is City Hall,3200 E-Tahquitz Canyon Way,Palm Springs, California(P.O.Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter rel"rcd to real property within the city was COMPLETED on the 5' day of November, 2004. 5. The name of the contractor (if named) for Such work of improvement was: JDC, Me., 2671 South Security Avenue, Calton, CA 92324. 6. The public work of improvement, which was completed in the Ciiy of Palm Springs, County of Riverside, State of California, is described as follows: Ramon Road Sidewalk Improvements. 7. Nature of Interest: Fee Owner S. The property address or location of said property is: Ramon Road south side vicinity of Calle Amigos. 9. City Project No. 03-08, Agreement Number: 4951, Minuw Ordcr Number: 7543 CITY OF PALM SP I G REVIEWEI DATED: L�� �J BY: DATED: I / �/ Director of Public Works/City Engineer David I. Barakiaa) �L-ft�nl2l O�� 9�O Yau5f, -HART, being duly sworn, says: That she is the Acting City Clerk of the aforesaid City of Palm Springs, California, the unrporanon that executed the foregoing notice; that She makes this verification on behalf of said corporarion; that she has read the foregoing Notice of Completion, and knows the contents thereof, and that the f Lcts stated therein are true; that as said Acting Ciry Clerk, she makes this verification on behalf of said municipal corporation. 1� Acting Cry Clerk --Kathy Hart ..' �� Index No. 1504 CITY OF PALM SPRINGS CALIFORNIA 41J ,i P.O.Box 2743,Palm Springs, California 92263, (760)323-8253 � ��" 'o" q Department of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR ❑PRIVATE IMPROVEMENTS TO: JDC,Inc. ACCEPTANCE DATE: November 5,2004 2671 South Security Avenue PROJECT: CP#03-08,Ramon Road Colton,CA 92324 Sidewalk Improvements AGREEMENT NO. 4951 MINUTE ORDER NO 7543 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing L F Curbing L.F. Street Paving S.F. Street Paving ST Sidewalks 2840 S.F. Sidewalks S.F. Driveway Approaches 825 S.F. Driveway Approaches S.F. Bike Paths EA. Bike Paths S.F. Sewer Mains L F. Sewer Mains LT Sewer Laterals L.F. Sewer Laterals LT. Sewer Manholes EA Sewer Manholes EA Storm Drains L.F. Stone Drains L.F. Survey Monuments EA Survey Monuments EA. Lighting/Landscaping LS ADA Ramps 3 EA. Location: Ramon Road south side vicinity of Calle Amigos Road C.P S.Drawing No(s), Permit No. 13415 Contractor(s)actually doing the work JDC,Inc. Notify your bonding company/bank to release the following bonds: No. 08773160 in the amount of $37,912.50 Performance III 19 I05 No. 08773160 in the amount of $37,912.50 Payment la 1ao 1o4 No. in the amount of $ Monuments No. in the amount of $ Maintenance Security No. in the amount of $ Correction&Repair Construction bond in the amount of $ for Engineer: CITY ENGINEER Bond Co./Bank.'Fidelity and Deposit Company of Maryland Comments:FINAL CONTRACT AMOUNT: $37,912.50 ',t Submitted by: sip /'(✓ Dated ) Q,0 Street Maintenance Manager / Approved by: _W Dated Director of Pdilic Works/City Engineer Distribution'Original to Engineering Project File;Copies to Addressee,City Clerk,Engineering NOABinder,Street Maintenance Manager,Building,and Facilities Index No. 0415 AGREEMENT 1 'r THIS AGREEMENT made this \�• day of '-,ADV 1\ in the year 2004, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and JDC, Inc. hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 7 -THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: RAMON ROAD_SInFWAI K PROJFCT CITY PROJECT NO.03-08 The Work is generally described as follows: The Work comprises the construction of new Portland cement concrete sidewalk, driveways and access ramps; removal of existing asphalt concrete driveways;adjustment of water meter boxes to grade; and all appurtenant work on the south side of Ramon Road, between Thornhill Road and the"Ramon Park"entrance of Ramon Mobile Home Park, in Palm Springs. ARTICLE -COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with the applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of$425.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 -CONTRACT PRICE ($37,912.50) The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s)named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5-PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 --NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given If delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is _ RAMON ROAD SIDEWALK AGREEMENT FORM CITY PROJECT NO.03-08 AGREEMENT AND BONDS-PAGE 1 7/15/04 intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 —MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. EST: Cl KY OF PALM PW GS,CALIFORNIA APPROVED BY THE CITY COUNCIL,' ity Clerk Minute Order No. 7543 Date 09/01/04 APPROVED AS TO FORM: \9 � Agreement No. A4951 By 4 City Attorney Date CONTENTS APPROVED:� By City Engineer Date �/z7v BY City Manager Date RAMON ROAD SIDEWALK AGREEMENT FORM CITY PROJECT NO.03-08 AGREEMENT AND BONDS-PAGE 2 7/15/04 CONTRACTOR: (Check one:_individual,_partnership, corporation) By4'� /' ZZ signature (NOTARIZED) Print Name pannddn Title: By sign; `fre (NOTARIZED) Print Name and Title: J/ Mailing Address: ,rP P&I r �d Date �Z41 �Ar�� (Corporations require two signatures; one from each of the following groups:A. Chairman of Board, President, or any Vice President; AND B. Secretary,Assistant Secretary,Treasurer, Assistant Treasurer, or Chief Financial Officer). End of Signatures RAMON ROAD SIDEWALK AGREEMENT FORM CITY PROJECT NO. 03-08 AGREEMENT AND BONDS-PAGE 3 7/15/04 il? State of California m County of 1— s —�'x.: ��� .•I On before me, l G. <. Data v yuame "a r�nanrom�er le.g.'p Doe.Nnlary Pwlc9 y p f ' personally appeared 1�`vy't �, lk' A:�+ d ( Name(s)ol5igner�s) G1� Impersonally known to me ❑ proved to me on the basis of satisfactory evidence i(i n 1� to be the person(s) whose name(s) is/are <21 WOO subscribed to the within instrument and ")) l�r,} PQLrw9r3s" acknowledged to me that he/she/they executedthe same ' in his/her/their rized JI capacity(es), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ;per acted, executed the instrument. ly � �WITN, S my jonnd,and kfIficial al. , `: '�d Slgnaturo of Nolary Publlo I'll IfL l I� OPTIONAL Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent A I(d fraudulent removal and reattachment of this form to another document. .; :I I lf, Title or Type of Document: le a_ Document Date: F�'dt1`'t �y' ' tl�� � —Number of Pages: <<I Signer(s)Other Than Named Above: (N 11. im Signer's Name: 4/A 4r11a,� C��9('a o Al!1— (.l 21 �1` - V� "�-- '> __sru)u tis a:iao ?I ❑ Individual Top al III new.' ❑CC corporate Officer—Title(s): I(tl Partner—❑ Limited ❑General ❑ Attorney-in-Fact -I i( ❑ Trustee .r) ❑ Guardian or Conservator ❑ Other: :>I Signer Is Representing: k ( l(N r'1 01999 Nalonal Nolary Assocaton•9050 Be Soto Ave PC Box 2402•Chalsworth CA91910-2402 wnalonalnclaryorg Fred No 5007 Reorder Call Toll Free l-BOO-0]6-6827 3w"WWW 't EXECUTED IN POUR (4) COUNTERPARTS BOND NO. : 08773160 PREMIUM: $682.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That JDC, Inc. as Contractor, And FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Wverside, California, hereinafter called the"City," in the sum of: THIRTY—SEVEN THOUSAND NINE HUNDRED TWELVE AND 50/100 dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: RAMON ROAM SIDEWALK-PROJECT CITY PROJECT NO. 03-08 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in tile time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 13TH day of SEPTEMBER 2004. CONTRACTOR su JDC, INC. FID ,L TY /A114, EPOSIT COMPANY - (Check one: _individual, partnership, OF MARYLA_ ND - X corporat' By i B J W. JO NSON Title ATTORNEY—IN—FACT signature (SEAL AND NOTARIAL ACKNOWLEDGMENT OF (NOTARIZED) SUREM Print Narrq�,e aagnd Title: By � r 6P egnature (NOTARIZED) Print Na and Title: r � (Corporations require two signatures; one from each of the following groups:A.Chairman of Board, Resident,or any Vice Resident; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). RAMON ROAD SIDEWALK CITY PROJECT NO.03-06 PERFORMANCE BOND 7115/04 enoccnncnir n u n o,.,n nnncc CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ✓ ss On c•�y4 141 — before me, <) oal2i r ^� (� Nam anrle r Of' car �e g."Jane One,Notary Public') (� personally appeared �:a s1 eer 1�,�Ff'svt;r,)J "I ��eV ?1 I>C) ,V Md i�-!0.'� Names)or Signers) <), •yZpersonally known to me ' ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are Y• .„w ariutn�. e subscribed to the within instrument and ��73�=' acknowledged to me that he/she/they executed .i ;4Winip vReb.,."„Cfj.,ord4 the same in his/her/their authorized �n �c c I , ➢ � ?..�u�ce�R7 capacity(ies), and that by his/her/their �,l . � p�+✓laGw�. 2. des H,b signature(s) on the instrument the person(s), or r) the entity upon behalf of which the person(s) ;;i J acted, executed the Instrument. WITNE my h d and Acial seal �% Sgnalure of Nolery Publm I/I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent r fraudulent removal and reattachment of this form to another document. Descviptlion o�Attached Document 't Title or Type of Document: � icy ,i Document Date: -Lu B<� Number of Pages: Signer(s)Other Than Named Above: ui, of �Wg�e�o�py�e�D 9�bmraee7 Pm �o�a��v � � a Signer's Name Ar d t� C(.' �� P 1'���I � � 50 SbssMC ❑��///Individual mP of numb bore- -� Corporate Officer—Titke(s): '� It Partner—❑ Limited ❑General 16; ❑ Attorney-in-Fact ❑ Trustee iu! ❑ Guardian or Conservator ❑ Other: Signer Is Representing: p; 01999 National Nola,Association-9300 Be Soto Ave,PC Box 2402•Chatsworlb,CA 913132402•wwwnelicnaluoteryory Proof No 5907 R..Ner Call TOIFFree 1A90-8766827 :f,r,+ -��:!M'r'i�c�itia:i.wtk:aYF,.rAia»Iwxs .. ..Ft l`W�, �, ,''f ip+.� i� �_aar. << .__ _,-, �. e � Y' I t �� T � � �� L Yr��'�e1 �k. ...e$h E u / f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange } On September 13,2004 before me, Brad L. Settgast, Notary Public Date Name and Title of Officer(e g "Jane Doe,Notary Public") Personally appeared J.W.Johnson ® personally known to me El proved to me 9R the bas's of sat sfaGtC)I:y pplidicnne to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their authorized capacity(ies), and that by his/her/their »+v+D'W,.oa�w*s=�•-Fw-�...H=�r�y�fi�^��4455LA signatures) on the instrument the person(s), A " + BRAD L.54�3"90ASt or the emit upon behalf of which the a I�'h COMM aS` t 1f3%n4�.0 " Y P tfsx N�JYAVAV PUC1.1C CALIFOflNIA person(s)acted, executed the instrument. OPANGF COUNTY u`,fm fulyCommissinnEnuiros May 4,2oo8 hand and official seal. �44h4P"+i4 D445o4vMy Com54444444544544,2i+08 Place Notary Seal Above �It if ' / "�S$I,nature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: , ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner--- ❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01997 National Notary Association•9350 Desoto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402 EXECUTED IN FOUR (4) COUNTERPARTS BOND NO. : 08773160 PREMIUM: INCLUDED IN PERFORMANCE BOND PREMIUM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That JDC, Inc. as Contractor, And FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California,hereinafter called the "City," in the sum of: THIRTY—SEVEN THOUSAND NINE HUNDRED TWELVE AND 50/100 dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: RAMON ROAD SIDEWALK PROJECT CITY PROJECT NO.03-08 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this band. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 13TH day of SEPTEMBER , 2004, PAYMENTBOND AGREEMENT AND BONDS -PAGE 6 CONTRACTOR: JDC, INC. (Check one: individual,_partnership, X corporation) By / slgnatUra (NOTARIZED) Print Na`�'a and Title: By � signatura (NOTARIZED) Print Name and Title: �' '-fE fr'PuE e'2dti (Corporations require two signatures;one from each of the following groups:A.Chairman of Board,President,or any Vice President;AND B.Secretary,Assistant Secretary, Treasurer,Assistant Treasurer,or Chief Financial Officer). SURETY FIDELITY,AND DEP;jj COMPANY OF MARYL By S.W. JOH ON Title ATTORNE —IN—FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS -PAGE 7 CALIFORNIA ALL-PURPOSE ACKNOWLEPAMU47 j- r. State of California it ss. County of J- On AM 41, ffi�T,g before me, rule Nu�c xi�d'fle c,on D Notary Public '06, 0 li personally appeared �)i h.c AVYVV,1tZ4, o"', III,: A 8 )of Signort) personally known to me pe rsonally proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are DANA WOOD subscribed to the within instrument and T)# 1428037 Y IN"- acknowledged to me that hab'she/they executed ICI11sumbolic-claiii the same in -his/hrar/their authorized Los An.30i Colii 1h ,QQ�-Vg x1 V capacity(ies), and that by lslhef/their '11 WW COMM.ftli JW 2 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ki Smy nd�ndofficial seal. f! F It A lure of lVolary Publm '° OPMAIAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent N`i fraudulent removal and reattachment of this form to another document I I EJ Description of Attached Docurnent Title or Type of Document: Document Date: ��f_nt- t-7�) Number of Pages: Signer(s)Other Than Named Above: e, ,_A capacHyves) C9alrned by Signer oA -11 f Signer's Name: �hte!�Iid C QNO)IJ cj�i ro L2 Individual Top of Numb here V Corporate Officer—Title(s): ell ef"(l Partner—0 Limited 11 General El Attorney-in-Fact 0 Trustee f 11 Guardian or Conservator Other: ki Signer Is Represe nting: rj P1 1999 N.leuel Note,Poeccubi-9350 Be Set.Ave PO Box 2402•Chatsi CA 91313-2402•cww naticni or, Pied No 5907 R...do,Coll T.11 Fee,1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange } On September 13,2004 before me, Brad L. Settaast, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Personally appeared J.W.Johnson ® personally known to me ❑preyed4e444e-en44-basisof-satis4act94:y evidence to be the persons) whose name(s) is/are sa„.,,,;.o ow subscribed to the within instrument and acknowledged to me that he/she executed C06fAl*t S tt3 7 the same in his/her/their authorized Np'iONANAIny ECOUNTY mtp capacity(ies), and that by his/her/their (YV1951NG�GdUNIV ,,��w. jr ,�;�-i" uvcommisslon Expires May a.2000 signature(s) on the instrument the person(s), or the entity upon behalf of which the persons)acted, executed the instrument. WITN 'SS `' rid and official seal. T� -,� -� Place Notary Seal Above C_1��� SIB§ eture of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner---❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 91997 National Notary Association•9350 Desoto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by PAUL C. ROGERS,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, whi�tl-al�z•set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,d1oes(C�ei:�yllaysxn-nale,constitute and appoint J.W.JOHNSON,of Fullerton,California, its true and lawful_i o1y�}`�' Agt}yhate in,Ft Xo make, execute, seal and deliver,for, and on its behalf as surety, and as its act and dGeds1�- ' � �_al1 0 S c� 4gejt Lings,and the Jl execution of such bonds or undertakings in pursuan po�c�p�eSb s, s IhL�af`ri:�b'1i ,�;u on said Company,as fully and amply, to all intents and purposes, as if[h>; hadi�gI1TFy2x ect�tecEr,V,',;{V�� te, tavy}edged by the regularly elected officers of the Company at its off ice in Bal}ifn�?i h}.4ja 4 ietr pw fai' ,���pti'1111 r75':1This power of attorney revokes that issued on behalf of J. W.Johntsei);;vr.d(LN``o��vrmlfer_L9, �S+J 'tl`:J The said Assistant 8�c arty"d<oaS�'I!c�i3k�'.crt�fy"i�h-dal the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Luwr((Oai,d�C0ttlparty.and is now in force. IN WITNESS W�iI����R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�o o^vos``� �9 1t00 i' 1 J/ By: T. E. Smith Assistant Secretary Pau!C. Rogers Vice President State of Maryland ss: City of Baltimore On this l9th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, 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 hunself 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 Coiporalion. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �YNN �� 11J'fAflY < Sandra Ginn Hoene), Notcn-v Public My Commission Expires: January I.2004 POA-F 012-4152 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages....and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, wholher made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and bindin,upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 13TH day of SEPTEMBER 2004 � C; t'(Q i'4� Awstaw Srn e,un� c • ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company,Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $ waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 CONTRACT ABSTRACT Contract Company Name: JDC, Inc. Company Contact: James DeArmond Summary of Services: CP#03-08, SB821 Ramon Road Sidewalk Contract Price: $37,912.50 Funding Source: 261-4491-50215 / 134-4498-50215 Contract Term: One Year Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian/Marcus Fuller Contract Approvals Council/ Agency Approval Date: September 1, 2004 Minute Order . 7543 Agreement Number: 4951 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: Client#: 32943 JDCINC AWRID.M CERTIFICATE OF LIABILITY INSURANCE 9DATE(MM /13/0400rvY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armstrong/Robitaille Bus&InsSv ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Lan sdorf Drive#100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 34009 Fullerton, CA 92834-9409 INSURERS AFFORDING COVERAGE INSURED INSURER Westchester Fire Ins. (Sterling) _ James De Armond Construction, Inc. INSURER B: American States Ins. Co. (Safeco) DBA: JDC, Inc. -- I wsuRERa United National Ins. Co.(Sterling) 13061 Shasta Court; P.O. BOX 3448 INSURER D Preferred Employers Ins. Co. Rancho Cucamonga, CA 91739 INSURERE. Hartford 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 I rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE MM/DDNY DATE(MM/DDNYI LIMITS A GENERAL LIABILITYGLW779457 07/01/04 07/01/05 EACH OCCURRENCE $1 000000 X�I,COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyanellre) $50,000 li CLAIMS MADE EXI OCCUR MED EXP(Any one person) $5 000 X iBUIRD_ Ded:1_,000 PERSONAL&ADV INJURY $1,000,000 J $2,000,000 GENERALAGGREGATE i_ _ GENT AGGREGATE LIMITAPPLIES PER: PRODUCTS COMP/OPAGG $1,000,000 POLICY I,X PROT n LOG JEC B AUTOMOBILE LIABILITY OICG1857233 07/01/04 I07101/05 COMBINED SINGLE LIMIT X!ANY AUTO (Ea acadenl) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ I AUTO ONLY: AGG $ C EXCESS LIABILITY FXES80001200 07/01/04 07/01/05 EACH OCCURRENCE $1,000,000 _ `IOCCUR CLAIMS MADE AGGREGATE $1000000 DEDUCTIBLE lI $ X RETENTION 50 I $ D WORKERS COMPENSATION AND WKN1113183 07/01/04 07/01/05 X WC LIMIT ioEf I EMPLOYERS'LIABILITY TORV LIMITS_ -__ ER E.L.EACH ACCIDENT j$1,000,000 EL DISEASE-EA EMPLOYEE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 E OTHER Equipment 72MSUR2643 07/01/04 07/01/05 $1,000 Deductible Rented/Leased $50,000 Max Per Item $100,000 Max Per Loss DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Ramon Road Sidewalk Project, City Project 03-08 Certificate holder is named as additional insured as respects general liability as required by written contract, per endorsement attached. CERTIFICATE HOLDER ADDInONALINSURED;wsURERLETTER: CANCELLATION Ten Day Noticefor Non-Payment of Premium SHOULD NYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING IN-6RER WILL ENDEAVOR TOMAIL30 DAYSWRITTEN 3200 E. Tahquitz Canyon Way NOTICETOTHE CERTIFICATE 61-DERNAMB OTHELEFT,BUTFAILURETODOSOSHALL Palm Springs, CA 92262 IMPOSE NOOBLI,/A�N'/0'R LIABILIT AGE NY KIND UPON THE INSUBER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED'',(\EPRESENTq:jIGE / ACORD 25-S(7197)1 of 2 #S250803/M244175 KVO © ACORD CORPORATION 1988 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. ACORD25-S(7/97)2 of 2 #S250803/M244175 POLICY NUMBER: GLW779457 COMMERCIAL GENERAL LIABILITY 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 COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (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. Re : Ramon Road Sidewalk Project, City Project 03-08 CG 20 10 11 85 WORD'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor , A �r By Title ➢1 B RAMON ROAD SIDEWALK CITY PROJECT NO.03-08 7/15/04 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS-PAGE 4