HomeMy WebLinkAboutContracts & Agreements_38-2009_CCv0001.pdf AGREEMENT FOR CONSTRUCTION OF RETAINING WALL
This agreement for construction of a retaining wall at the City of Redlands' South Avenue
"I
Reservoir site ("Agreement") is made and entered into this day of March, 2009 ("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City"), and R.C. Foster
Corporation ("Contractor"). City and Contractor are sometimes individually referred to herein as a
"Party-and, together, as the "Parties."
In consideration of the mutual promises contained herein. City and Contractor agree as follows:
ARTICLE I - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to construct a retaining wall at City's South Avenue Reservoir site
("Services-).
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the work to be performed in connection with the construction of the retaining wall, and shall
not be debarred pursuant to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSI,BILITIES OF CONTRACTOR.
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2.
I The specific construction Services which Contractor shall perform are more particularly described
in Exhibit which is attached hereto and incorporated herein by this reference (the
"Services").
2.2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the
performance of the Services including, but not limited, to all applicable Labor Code and
prevailing wage laws and non-discrimination laws, including the Americans with Disabilities
Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per them wages as
determined by the Director of the California Department of Industrial Relations for each craft,
classification or type of worker needed to undertake the Project are on file at City's Municipal
Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A
(Mailing: P.O. Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a Subcontractor to perform work on the Project,
Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the
subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5,
1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for
failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by
City pursuant to Labor Code sections 1775 and 1813.
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2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1.810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Contractor shall obtain, execute and deliver to City a Performance Bond and a Labor and
Materials Payment Bond, in the forms attached hereto as Exhibits "B" and "C."
2.9 Pursuant to Public Contract Code section 7104. if the Services involve digging trenches or other
excavations that extend deeper than four feet below the surface, Contractor shall promptly, and
before the following conditions are disturbed. notify City, in writing, of any: (1) material that
Contractor believes may be material that is hazardous waste, as defined in Health and Safety
Code section 251 17, that is required to be removed to a Class 1, Class 11 or Class III disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the
Project site differing from those indicated by information about the site made available to
Contractor prior to entering into this Agreement; or (3) unknown physical conditions at the site
of any unusual nature., different materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Agreement. City shall
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promptly investigate the conditions and, if it finds that the conditions do materially so differ or
do involve hazardous waste and cause a decrease or increase Contractor's cost of, or the time
required for, performance of any part of the Project, and shall issue a change order under the
procedures described in this Agreement. If a dispute arises between City and Contractor as to
whether the conditions materially differ, involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the Project,
Contractor shall not be excused from any scheduled completion date provided for by this
Agreement, but shall proceed with all work to be performed under this Agreement. Contractor
shall retain any and all rights provided either by this Agreement or by law which pertain to the
resolution of disputes between the Parties.
2.10 Pursuant to Labor Code section 6705, if the Project requires any trench five feet or more in
depth, Contractor shall submit, subject to City's approval, in advance of excavation, a detailed
plan showing the design of shoring. bracing. sloping or other provisions to be made for worker
protection from the hazard of caving ground during the excavation of such trench or trenches. If
the plan varies from the shoring system standards, the plan shall be prepared by a registered civil
or structural engineer.
2.11 Prior to and during any excavation, Contractor shall comply with Government Code section 4216
et seq.
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2.12 Because this Agreement was exempt from competitive bidding, prior to commencement of any
Services, Contractor shall provide City with the information otherwise found in Public Contract
Code section 4104.
2.13 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to
City all rights, title and interest in and to all causes of action it may have under section 4 of the
Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with
section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services or materials pursuant to this Agreement
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice
to Proceed."
3.2 Contractor shall complete the Services within Twenty One (21) calendar days from and after the
date of the City's issuance to Contractor of the Notice to Proceed.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Forty Four Thousand Nine Hundred Sixty Dollars
($44,960.00) as complete compensation for the Services.
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4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice, by warrant payable to Contractor.
4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows:
Citv:
Bassam Alzammar
Municipal Utilities and Engineering Dept.
Citv of Redlands
P.O. Box 3005
Redlands, CA 92373
Contractor:
Robert C. Foster
President
R.C. Foster Corporation
P.O. Box 77055
Corona, CA 92877-0101
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices are to
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be given by giving notice pursuant to this section 4.3.
4.4 Pursuant to Public Contract Code section 22300, Contractor has the option to deposit securities
with an Escrow Agent as a substitute for any monies withheld by City to ensure Contractor's
performance pursuant to Public Contract Code section 22300,
4.5 Pursuant to Government Code section 4215, City assumes the responsibility for the timely
removal, relocation or protection of existing main or trunkline utility facilities located on the site
of the Project, if such utilities are not identified by City in the plans and specifications attached
as part of Exhibit "A." City shall compensate Contractor for the costs of locating. repairing
damage not due to the failure of Contractor to exercise reasonable care, and removing or
relocating such utility facilities not indicated in the plans and specifications with reasonable
accuracy and for equipment on the Project necessarily idled during such work. Contractor shall
not be assessed liquidated damages for delay in completion of the Project, when such delay was
caused by the failure of City or the owner of the utility to provide for removal or relocation of
such utility facilities. However, City is not required to indicate the presence of existing service
laterals or appurtenances whenever presence of such utilities on the Project site can be inferred
from the presence of other visible facilities, such as buildings, meter and junction boxes, on or
adjacent to the Project site, provided that City must identify main or trunklines in the plans and
specifications attached as part of Exhibit"A."
ARTICLE i - INSURANCE AND INDEMNIFICATION
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5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor throughout Contractor's performance of the Services, and shall be
primary with respect to City and non-contributing to any insurance or self-insurance maintained
by City.
5.2 Workers' Compensation and Employer's Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the performance of the Services pursuant to Labor
Code sections 3700 and 1860, in an amount which meets statutory requirements, with an
insurance carrier acceptable to City. The insurance policy shall include a provision
prohibiting the policy's cancellation except upon thirty (30) days prior written notice to
City. Contractor shall execute and deliver to City a Worker's Compensation Insurance
Certification in the form attached hereto as Exhibit * D*' prior to commencement of the
Project.
B. Contractor expressly waives all rights to subrogation against City and its elected officials,
officers and employees for losses arising from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
employees. Contractor agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by, or on behalf of, any
employee of Contractor.
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5.3 Hold Harmless and Indemnification. Contractor shall indemnifv. hold harmless and defend City
and its elected officials, employees and agents from and against any, and all claims, losses and
liability, including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent or intentionally wrongful act or omission of Contractor, and its
officers, employees and agents, in performing the Project.
5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Services without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Contractor shall add the assignee as an additional
insured to its insurance policies and provide City with the insurance endorsements prior to any
work being performed by the assignee. Assignment does not include printing or other customary
reimbursable expenses that may be provided for in this Agreement.
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the Services comprehensive general insurance,nsurance. with carriers
acceptable to City, with minimum coverage of One Million Dollars ($1.000,000) per occurrence
and Two Million Dollars ($2.000.000) aggregate for public liability, property damage and
personal injury. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the policy
except upon thirty (30) days prior written notice to City. A certificate of insurance and
endorsements shall be delivered to City prior to commencement of the Services.
5.6 Business Auto Liability Insurance. Contractor shall secure and maintain in force throughout the
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duration of the Project business automobile liability coverage, with minimum limits of One
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Million Dollars (51,000,000) per occurrence, combined single limit for bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles used on the
Project, hired and non-owned vehicles., and employee non-ownership vehicles. City shall be
named as an additional insured and the insurance policy shall include a provision prohibiting
modification of coverage limits or cancellation of the policy except upon thirty (30) days prior
written notice to City. A certificate of insurance and endorsements shall be delivered to City
prior to commencement of the Services.
5.7 Liquidated Damages. The failure of Contractor to complete the work within the time allowed will
result in damages being sustained by City. Such damages are, and will continue to be, impracticable
and extremely difficult to determine. Contractor shall pay to City, or have withheld from monies
due it_ the sum of $500 for each consecutive calendar day in excess of the specified time for
completion of the Services. Execution of this Agreement shall constitute agreement by City and
Contractor that $500 per day, is the estimated damage to City caused by the failure of Contractor to
complete the Project within the allowed time. Such sum represents liquidated damages and shall
not be construed as a penalty., and may be deducted from payments due the Contractor if such delay
occurs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall. in addition to any costs and other relief, be entitled to
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recover its reasonable attorneys' fees., including fees for the use of in-house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other Project documents developed by
Contractor for the Project shall become the property of City and shall be delivered to City upon
completion of the Project.
6.3 Contractor is., for all purposes under this Agreement, an independent contractor with respect to
the Project and not an employee of City. All personnel employed by Contractor to perform the
Project are for its account only, and in no event shall Contractor or any personnel retained by it
be deemed to have been employed by City or engaged by City for the account of, or on behalf of,
City. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties.
6.4 Unless earlier terminated as provided for below. this Agreement shall terminate upon completion
and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5)
calendar days prior written notice to Contractor.
6.6 Upon receipt of a termination notice., Contractor shall (1) promptly discontinue all work
associated with the Project and (2) deliver or otherwise make available to City, copies of any
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data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
K'Capital[InqIects'Nater Projects Reservoir Recoat&I Pet Wall(1),doe
information and materials as may have been accumulated by Contractor in performing the
Project. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and any
prior negotiations, proposals and agreements relating to the subject matter hereof are superseded
by this Agreement. Any amendment to this Agreement shall be in writing and approved by City
and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
6.9 Claims by Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000)
or less shall be made by Contractor and processed by City pursuant to the provisions of Part 3,
Chapter 1, Article 1.5 of the Public Contract Code (commencing with section 20104). All claims
shall be in writing and include the documents necessary to substantiate the claim.
6.10 If any provision or of this Agreement is held to be void or unenforceable under any law or
regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon City and Contractor.
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IN WITNESS WHEREOF. duly authorized representatives of the Parties have signed in confirmation of
this Afyreement.
CITY OF DL. 'DS ATTEST:
By .._
0F4
nriq Martine City erk
City Manager
R.C. Foster Corporation
By Date
Robe C. o er. President
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EXHIBIT "A"
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project: Retaining Wall at City's South Avenue Reservoir Site
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing, proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to
his or her employees.
I 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 of this Agreement. (Labor Code §1861).
R.C. Foster Corporation Date: 51
BY:
Robe t6`1�Fster, President Contractor's License No.
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MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
MEMORANDUM
TO: N. Enrique Martinez, City Manager
FROM: Rosemary Hoerning, MUED DirectorAy-
DATE: March 30, 2009
SUBJECT: Contract Award for Site Improvement at South Reservoir, with R.C. Foster Corporation
An engineering review and analysis of an embankment at the South Avenue Reservoir site was performed
by in-house engineering staff in August 2008. The toe of this embankment is located at the immediate
bottom side of the reservoir and over time the embankment has eroded and deposited dirt and debris
around a portion of the circumference of the reservoir. The construction of this wall is necessary to
protect the reservoir against further damage. Additionally, this work will allow for full access around the
tank structure to facilitate maintenance and inspections of the facility.
The Municipal Utilities & Engineering Department solicited bids from three (3) qualified Class "A"
contractors and all three contractors' submitted bids. Upon review it was determined R.C. Foster
Corporation submitted the lowest bid responsible and responsive bidder to perform the work. References
were checked and R.C. Foster Corporation has completed similar work and the work was performed in a
satisfactory manner. Staff recommends awarding the contract to R.C. Foster Corporation for the work in
the amount $44,960. Staff is also requesting a 10% construction contingency be authorized. Upon
approval,the construction will begin immediately.
FISCAL IMPACT: The quote for the scope of work is $44,960. Sufficient funding for the project is
included in the adopted 2008-09 Budget.
ATTACHMENT:
(1) Bid Comparison Table for the Retaining Wall and Improvements Project at South Avenue Reservoir.
cc: Chris Diggs, Water Resources Manager
Wen Huang, Engineering Manager
'fio
P tiloe
CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
PROJECT NO. D-40185 SOUTH AVENUE RESERVOIR RETAINING WALL
SOUTH AVENUE RESERVOIR RETAINING WALL BID DATE: 03/26/09
EST. START DATE: 04/01/09
Item Bid Item Quantit) Unit R.C. Foster MSL Development G.M. Sager
No.
Unit Price Item Price Unit Price Item Price Unit Price Item Price Unit Price Item Price
SOUTH AVENUE RESERVOIR
1 Mobilization 1 L.S. $15,485 $15,485 $18,210 $18,210 —$0 $0
2 Construction of Retaining Wall 1 L.& $29,475 $29,475 $30,280 $30,280 $52,400 $52,400
-I
Additions) Deductions)
TOTAL BID PRICE I $44,9601 $48,49q $52,400 $0
Bidders
PROPOSAL
TO: THE CITY OF REDLANDS, SAN BERNAIWINO COUNTY,CALIFORNIA
herein called the "City".
Contractor shall include all component parts and everything required to perforin, and to
provide and furnish any and all of the labor, materials. tools, equipment and all utility and
transportation services necessary to perform the contract, and complete in a workmanlike
manner. all of the work covered by the contract in connection with the City's Project
identified as
BID SCHEDULE
SOUTH AVEN1,11' RESERVOIR RETAINING WALL
Item Est.
Item Description with L nit Price or Lump Sum Price in Words Total or
I
No. Qty. nit (See Plan No. D-40185 for specifications and descriptions) Extended Price
in Fi2ures
Mobilization/Demobilization (include all incidental items not specified
below excluding sliotcrete and paving)
I 1,S For the lump s in price of: t
1 Y T�-
Dollars $ /6
V W
Construction of'Retaining Wall
1 tl I
For SUM ice. of:
2 I'S IFor !1L
Dollars
Vr
d2p
BID SCHEDULE TOTAL PRICE
BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS:
tt
Company Name Qttdture
D
Address Name
LC.o 9.'-2--? -7 -Pre:5 16
City. State,Zip Title
Note: Insurance/Workers Compensation certificates that meet city's inifflimum requirements
shall be provided prior to award of the contract to the selected contractor.
-
�
-__ _ __--' -___CORPORATION -_
CERTHOLDER COPY
ZTAT= P.U. BCX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUNOD" CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 02-16-2009 GROUP: 000238
POLICY NUMBER: 0011614-2008
CERTIFICATE Q 49
CERTIFICATE EXPIRES: 01-01-2010
01-01-2009/01-01-2010
COMMERCIAL ASSOCIATES INSURANCE SG
4226 E LA PALMA AVE
ANAHEIM CA 92807-1818
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named befow for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this oolicy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notvvit.istanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the poiicy described herein is subject to all the terms, exclusions, and conditions, of such policy.
t'THORIZED REPRESENTAZTI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1 ,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS/ NOTICE EFFECTIVE 01-01-2009 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
This bond was issued in three(3) Bond No. 6622021
identical counterparts,
Premium: $595,00
EXHIBIT "B" THE FINAL PREMIUM IS
PERFORMANCE BOND PREDICATED ON THE
FINAL CONTRACT PRICE
WHEREAS, the City of Redlands (hereinafter designated as "City"), and R.C. Foster 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
March ( , 2009 ("Agreement"), and identified as involving the construction of a retaining wall at
City's South Avenue Reservoir site("Services")is hereby referred to and made a part hereof;and
WHEREAS, under the terms of the Agreement, Principal is required, prior to performance of the
Services,to furnish a bond for the faithful performance of said Agreement.
NOW,THEREFORE,said Principal and the undersigned as corporate surety,are held and firmly bound
unto City in the penal sum of Forty Four Thousand Nine Hundred Sixty Dollars($44,960.00), lawful
money of the United States,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 its 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,on his or their 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 indemnify and
KACapital ProicetMater ProjectsTeservoir Recout&lmprovemcntslRetaining Wall\Contracts'Agmt Ret Wall(3)aloe
save harmless City,its 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 to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees,including reasonable attorney's fees, incurred
by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment
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 April 1st 009. Bond NO 6622021
1' lst
(SEAL) (SEAL)
R C Foster Co4por on Safeco Insurance Company of America
0
BY:
&"a re) (Sign aegre)Arturo Ayala, Attorney-in-Fact
Address:
330 N. Brand Blvd., suite 680
Glendale,_CA 91203
(Seal and Notarial Acknowledgment of Telephone(818)9564208
Surety)
UCapital ProjectsNater PrqjectslReservoit Recoat&TmPrOvenlcnLstAetaining Wall,ContradstAgmm Ret WA(3)aloe B-2
CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Riverside }
On 2-April-2009 before me, Jeanne Gonzales Notary Public
Date Here Insect Name and Tide of the Officer
personally appeared Robert C. Foster
Name(s)of Signer(s)
who 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.
JEANNF GONZALES
COMM, #1627411 1 1 certify under PENALTY OF PERJURY under the laws of
the State o lifornia that the foregoing is true
- NOTARY PUBLIC-CALIFORNIA �'
colic, andCture_
ct. g 9
My Comm.Expires Dea.6.2009
Wity hand a d official s
Sig
Place Notary Seal Above Signat e 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: Performance Bond
Document Date: 1-April-2009 Number of Pages: Two
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
9 Corporate Officer—Title(s):President ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact I'l ❑ Attorney in Fact °1
❑ Trustee - e ❑ Trustee 1 �.
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave_,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationaiNotary.org ltem it5967 Reorder Call Toll-Free 1.800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange }
On 4/1/09 before me, Daniel Huckabay. Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Arturo Ayala
Name(s)of Signer(s)
who 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
DANIEL HUCKABAY person(s), or the entity upon behalf of which the person(s)
CONIM 4t1796314 acted, executed the instrument.
° Notary Public-California m
� s ` ORANCE COUNTY I certify under PENALTY OF PERJURY under the laws of
Mycon,in.Expires Apr,24,2012 the State of California th going paragraph is true
and correct.
Witness my and nd official S6 .
Signature
Place Notary Seal Above Signature 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: Performance Bond
Document Date:-4/1/09 Number of Pages: Two
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name:Arturo Ayala Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
AttorneyIn Fact - °� 01�
a 13 Attorney in Fact
❑ Trustee r
C3 Trustee �
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2007 National Notary Association-9350 De Soto Ave.,RO.Box 2402-Chatsworth,CA 91313-2402•www,NationalNotary,org item#5907 Reorder,Call Toll-Free 1-800-876-6827
This bond was issued in three(3) Bond No. 6622021
identical counterparts.
THE FINAL
EXHIBIT "C" PREDICATED ON THE
FINAL CONTRACT PRICE
LABOR AND MATERIAL BOND
WHEREAS, the City of Redlands ("City") and R.C. Foster Corporation (hereinafter designated as
"Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated March I ,
-� , 2009, and identified as
involving the construction of a retaining wall at City's South Avenue Reservoir site ("Services") 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 Project, to file a good and sufficient payment bond with 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.
NOW THFRFFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto
City and all contractors, subcontractors, laborers, material men and other persons employed in the
performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Forty
Four Thousand Nine Hundred Sixty Dollars ($44,960.00), for materials furnished or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or
labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,
and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorneys' fees, incurred by 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 judgment therein rendered.
KACapital ProjectsMater Projects\Reservoir Recoat&lmprmemenWlZetaining Wall\ContracLAA_umnt Ret Wall(3).doc C-1
It is hereby expressly stipulated and agreed that this bond shall insure 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
terns of said agreement or the specifications accompanying the same shall in any manner affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition.
In witness whereof,this instrument has been duly executed by the Principal and surety above named, on
April lst X 2009_
{SEAL) (SEAL)
R C Foster Corpor io Safeco Insurance Co an of America
(COn c
BY:
(Si (Si ture) Arturo Ayala, Attorney-in-Fact
Address:
330 N. Brand Blvd. , suite 680
Glendale, CA 91203
(Seal and Notarial Acknowledgment of Telephone ( (818) 956-4208 )
Surety)
K:1Capital ProjectsiWater Projeet.Weservoir Recaat&tmprovementslRetaining wa1RContracLs\Agrmnt Ret wall C-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Riverside }
On 2-April-2009 before me, Jeanne Gonzales Nota Public
Date Here Insen Name and Title of the Officer
personally appeared Robert C. Foster
Names)of Signers)
who 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)
JAPJNE GONZALEacted, executed the instrument.
t COMM. #1627411
M I certify under PENALTY OF PERJURY under the laws of
ce NOTARY PUBLIC-CALIFORNIA ay the State of California that the foregoing
A
RIVERSIDE couNTv g g paragraph is true
9 4121— My Comm.Expires Dec.6,2003
and cor
� 4W
W' ess my
an
Si ature Place Notary Seal Aboveg
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: Labor and Material Bond
Document Date: 1-April-2009 Number of Pages: Two
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
Corporate Officer—Title(s):President ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact .1200111111 ❑ Attorney in Fact
❑ Trustee ❑ Trustee s
❑ Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here
11 Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
^ ;
0 2007 National Notary Association•9350 De Soto Ave.,P.O_Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item&5907 Reorder.Call Toll-Free 1-800-876-6827
e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA 1
County of Orange l
On 4/1/09 before me, Daniel Huckaba Nota Public
Date
Here Insert Name and Title of the Officer
personally appeared Arturo A ala
Names)of signer(s)
who 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),
DANIEL#179s314 and that by his/her/their signature(s) on the instrument the
COMMi79person(s), or the entity upon behalf of which the person(s)
( In acted, executed the instrument.
Notary Public-Califomla
ORANGE COUNTY
MYCon,n,.Expires Apr.24,2012 1 certify under PENALTY OF PERJURY under the laws of
the State of Califo foregoing paragraph is true
and correct.
Witness m hand and offici eat.
Place Notary Seal Above Signature
Signature of Notary Publi —'—'—
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: Labor and Materia
l Bond
Document Date: 4!1/09
Number of Pages: Two
Signer(s) Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signer's Name:Arturo A ala
Signe
❑ Individual Signers Name:
❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General
Gd Attorney in Fact ! wri! ❑ Partner—❑Limited❑General
❑ Trustee OF E3Attorney in Fact jll�j_
❑ Trustee rr
❑ Guardian or Conservator Top of thumb here
El Other: E3Guardian or Conservator Top of thumb here
❑ Other:
Signer Is Representing:
Signer Is Representing:
®2007 National Notary Association•9350 De Soto Ave_P.O.Box 2402•Chats ortrthh,,�Cq 73-24024•www,Nation�alNotary. rg Item k5907 qGeorder.�oI�l-vF.r�e e t�-_800
-87"82277
t
Bond No. 6622021
Safeco Insurance Company of America
i LibertyPOWER General Insurance Company of America
10014th Avenue
4 mt1t .3 it OFATTORNEY Suite 1700
Seattle,WA 98154
KNOW ALL BY THESE PRESENTS: No. 13077
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AM
Washington corporation,does each hereby appoint ERICA, each a
*"*************ARTURO AYALA;DANIEL HUCKABAY;DONALD ROOF;Orange,California**********************
its true and lawful attomey(s}in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 21 st day of March 2009
,�jg�1G't k k
il
Dexter R.Legg,Sec etaryTimoth A.Mikola ewskl Vice President
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate tifles with authority to execute on behatf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out
awsand
(r) The provisions of Article V,Section 13 of the B
(ii) A copy of the power appointment,.eyxecuted pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimilethereof"
i,Dexter R Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and Of GENERAL INSURANCE COMPANY
OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these
corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the
Power of Attorney are stili in full force and effect,
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 1st day of April
2009 i
SEAL49 SEAL A
195 r t
Dexter R.Legg,Secretary
S-0974MS 3109
WEB PDF
Regorded In Ofticial Records, County of San Bernardino
5120/2009
a LARRY WALKER 3:20 PM
RECORDING REQUESTED BY 4
Auditor/Controller —
Recorder
AND WHEN RECORDED MAIL TO
R Regular Mail
F 1 Dock 2009—0219514 Titles: t Pages: 1
Name Office of the City Clerk Fees 0,oe
City of Redlands Taxes 0.00
Street Other 0.00
Address P.0.Box 3005 PAID $0.00
City& Redlands,California 92373
State L II FEES NOT REQUIRED
SECTION 6SPACE ABOVE THIS LINE FOR RECORDER'S USE
'NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,must be filed within 10 days after compstion. (See reverse side for Complete requirements.)
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-Municipal Utilities& Emineerina Department
3. The full address of the owner is P.O. Box 3005 Redlands CA 92373
4. The nature of the interest or estate of the owner is;In fee.
(if other then fee,strike"in fee"and insert,for example,"purchaser under contract d purchase,„or lessee„)
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:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on April 21, 2009. The work done was:
Construction of Retaining wall at South Avenue Reservoir Site
7. The name of the contractor,if any,for such work of improvement was: R.C. Foster Corporation.
(If no contractor for work of imp ovement as a whole,insert"none") n
(Date of Contract)
8• The property on which said work of improvement was completed is in the unincorporated area of County of San Bemardin0 State of
California,and is described as follows: South Avenue Reservoir Site
9. The Street address of said property is 415 E Sunset Dr. N.
(K no street address has been ciaijY insert••none•.
Dated: May 11, 2009 5'�9r'�'' )
verification for IrthvKk W �;
am zam r, ec anager
nature of owner or ate of owner names in paragraph 2 or his agent
VERIFICATION
I,the undersigned,say:I am the MUrtICI al Utilities P. En in,*I
tring Director the declarant of the foregoing notice of completion; I
have read said notice of completion an now the conttents hereof;�th same is truecof my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 11,20 09 at Redlands ,California.
(Date of dune) (City where signed.)
utilities
Engiineering Direffor
(Personal signature ct the indivi
who is wear-OV thal the contents of the notice of
completion are true_)