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HomeMy WebLinkAboutContracts & Agreements_11-2018AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES This agreement for the provision of welding repair, fabrication, and machine work ("Agreement") is made and entered in this 16th day of January, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Rettig Machine Shop, Inc. ("Contractor"). City and Contractor are so=netimes individually referred to herein as a "Patty" a7�d, together, as "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE 1 —ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to provide welding repairs, fabrication, and machine work for City's Quality of Life Department on an "as -needed, on-call" basis (the "Services"). 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing Iike and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2.1 The Services that Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference. 22 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not Iimited, to all applicable Labor Code and prevailing wage laws and nondiscrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem 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 Services 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. 23 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 any portion of the Services, 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, I777.5, 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. 25 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 1Aca\djmlAgreements\Rettig Machine Shop, Inc Agreement.docx 2.6 Contractor acknowledges that eight (8) hours constitutes a legal days work pursuant to Labor Code section 1810. 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 Labor and Materials Payment Bond, in the form attached hereto as Exhibits "C." 2.9 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, Work or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services. 32 City designates Chris Boatman, City's Quality of Life Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services." The Services shall commence within ten (10) days of the Effective Date of this Agreement. 4.2 The term of the Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term"). The City shall have the option to extend the Initial Term of this Agreement by two (2) one-year additional terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of this Agreement. 4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "C", in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. 2 [Aca\djmlAgreementslRettig Machine Shop, Inc Agreement.doex ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 The annual compensation for Contractor's performance of the Services shall be in the amount of not to exceed Ninety Two Thousand hive Hundred Dollars ($92,500) for the Initial Term, with total compensation in an amount not to exceed Two Hundred Seventy Seven Thousand Five hl-Laidred Dollars ($277,500) throughout the Initial and Extended Terms of this Agreement. City shall pay Contractor on a material and labor basis up tothe not to exceed amount based upon the unit prices shown in Exhibit "A." 52 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, the hourly rate charged and a description of reimbursable expenses related to the service. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.4 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: City Chris Boatman Quality of Life Director City of Redlands 35 Cajon Street, Suite 200 P.O. Box 3005 (mailing) Redlands, CA 92373 Contractor Franz Rettig President Rettig Machine Shop, Inc. 301 Kansas Street P.O. Box 7460 (mailing) Redlands, CA 92375 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policyexcept upon thirty (30) days prior written notice to City. 62 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City 3 1AcaldjmlAgreements\Retdg Machine Shop, Inc Agreement.docx that Consultant is self-insured or exempt from the workers' compensation laws of the State of California. Consultant shall provide City with Exhibit "B," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference. 6_3 Contractor shall secure and maintain comprehensive general liability insurance with - carriers acceptable to City. Minimum coverage of One Million Dollars (S1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 64 Contractor shall secure and maintain business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non - owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 65 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; 4 I: 1ca1djm\Agreements\Rettig Machine Shop, Inc Agreement.docx (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and, in that capacity, participate inmaking a—overnmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 73 In the event City officially determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terns or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. 8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Contractor in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8.4 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth_ Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or 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. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City; provided, however, this Agreement may be terminated by City, in its sole discretion, by providing not Iess than ten (10) days prior written notice to Contractor of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no [Aca\djmlAgreements\Rettig Machine Shop, Inc Agreement.docu amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination. 8.6 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be .available at reasonable times for examination by City at the office of Contractor. 8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS Paul W. Foster, Mayor ATTEST: iohne Donaldson, City Clerk 6 IAL;a1djm\Agreements\Rettig Machine Shop, Inc Agreement.docx COMPANY By: Aranz Rranz Retti , Presiden EXHIBIT "A" Scope of Services • Contractor shall provide services listed below to City when requested by Citystaff. o Contractor must be responsive to the requests of staff and return voicemails/cmails or other requests for services in a timely manner. WILDING REPAIR, FABRICATION, AND MACHINE WORK SERVICES PROJECT NUMBER: Q01_07202017MD CONTRACTort's NAME: 2c tiq Pechtne Shop, Inc, PLEASE PRINT List Welders Cer ificateVs: XIS DI.1 , AWS D17.1 Vendor shall offer the best available government pricing, The City will pay up to 20% shove manufacturers cost Please indicate the not -to -exceed percent (%) mark-up you o€fer. Material Description Unit Arid Qty. OM untaiit COSA + 15 % race x uanti MachineWork $ 70 400 Hour $ 28,oco EService We€ding Repair $ 70 400 Hour $ 28,OCA Fabrication $ 70 400 dour $ 28,OOb 4. Vehicle Storage Fee $ 0 35 Days $ 0 -- dais rate 5 *Transportation Cost $ 0 10 each $ 0 { ervehlclele ui ment Grand Total $ 84}n sum of ling: item 1-5 totals Vendor shall offer the best available government pricing, The City will pay up to 20% shove manufacturers cost Please indicate the not -to -exceed percent (%) mark-up you o€fer. Material Machine Work Welding Repair Fabrication Cast + 15 % I Cost f IS % COSA + 15 % TOTAL BID PRICE WRITTEN IN WORDS:Etghtty four thcusand and no/XOdollars *To and from City Yard (round trip) per unit ■ Service Costs per repair cannot exceed FortyFive Thousand Dollars ($45,000.00). • For repair work that exceeds Twenty -Five Thousand Dollars ($25,000) per job, Contractor shall be required to furnish a faithful performance bond and a labor and material bond, in an amount equal to one hundred percent (100°/a) of the Contractprice. 7 I:IcaldjmlAgreements\Rettig Machine Shop, Inc Agreement.docx EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION 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 by one or more insurers 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. CHECK ONE —�—(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 and activities required or permitted under this Agreement. (Labor Code § 186 1). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation Insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Rettig Machine Shop, Inc. By u Franz R62ig, Preside0t----" IAca1djm\Agreements\Rettig Machine Shop, Inc Agreement.doex Date: EXHIBIT '►C„ LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated 2015, and identified as is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Dollars ($ ) 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 the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. 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 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or 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 , 201 . SEAL) (SEAL) {Co ct r) (Surety) BY: (rgnature) U (Signature) Address: (Seal and Notarial Acknowledgment of Telephone( Surety) 9 1:\caldjmlAgreeinents\Retti.- Machine Shop, Inc A.greement.dccx PERFORMANCE BOND Form to be Used When Bonding Only One Year of a Multi -Year Contract (Page 1 of 2) Sand No. 63441276 KNOW ALL MEN BY THESE PRESENTS: That Rettig Machine Shop, Inc (hereinafter called Principal) as Principal, and Western curet a corporation duly organized under the laws of the State of South Dakota and duly authorized and licensed to do business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto City of Redlands (hereinafter called the Obligee), as Obligee, in the full and just sum of Ninety -Two Thousand Five Hundred and 00/100 Dollars ($ $92,500.00 ) to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Obligee crated October 3, 2017 for Project # QOL07202017MD Welding Repair, Fabrication and Machine Work Services For City's Quality of Life Department for a period of 3 years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year, NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Form F6612-6.2017 %My Western Surety Company PAYMENT BOND ANNUAL BOND FOR A MULTI-YEAR CONTRACT 1�0• 63441276 KNOW ALL MEN BY THESE PRESENTS, That we, Rettiq Machine shop, Inc of Redlands, California (hereinafter called the Principal), and Western Surety company (hereinafter called the Surety), are held and firmly bound untocity of Redlands (hereinafter called the Obligee), in the full and just sum of Ninety -Two Thousand Five Hundred- and 00/100 Dollars($ 92,500.00 } to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the alcove bounden Principal has entered into a certain written contract with the above mentioned Obligee dated October 3, 2017 for Project # QOI,07202017MD Weldincr Repair, Fabrication and Machine Work Services For Citv's ouality of Life Department for a period of years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and Provided, however, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning January 16, 2018 and ending 01/16/2019 2. No claim, action, suit or proceeding, except as hereinafter set forth; shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within one year of the date upon which the person shall have last performed actual work or delivered materials to the project. 3. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof. 4. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety. Signed and sealed this 16th day of January 2018 Rettig Machine Shop, Inc West rn S rety Company By: v By: � k�7� 19 Attorney-tn-Fact ERIN MICHELE VIKER Form F6362-11-2417 PERFORMANCE BOND (Page 2 of 2) PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning January 16, 2018 and ending January 16, 2019 2. In the event of default by the Principal in performance of the contract during the term of this bond the Surety shall be liable only for the loss to the Obligee for actual excess costs of performance of the contract up to the expiration of the term of this bond and in no event shall the liability of the Surety exceed the penal sum stated in this bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be instituted or maintained against the Surety under this instrument unless same be brought or instituted and process served upon the Surety within one year after the expiration of the term of this bond. 4. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a performance bond for subsequent terms under said contract shall constitute loss to the Obligee recoverable under this bond. 5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety and the Principal but regardless of the number of extensions for additional terms and the number of premiums which shall be payable or paid, the liability of the Surety hereunder shall not be cumulative from year to year nor period to period. 6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and sealed this 16tH day of January , 2018 . Rettig Machine Shop, Inc (Principal) By: .%' Western Surety Company (Surety) sy: ER N MICHELE VIKER , Attorney -in -Fact ����SURETpCo?i * 1 Y self DAK��P POVLTR OF ATTORNEY - CERTIFIED COPY Bond No. 63441276 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Daltota (the "Company"), does by these presents make, constitute and appoint ERIN.MICHELE VIKER its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal.: Rettig Machine Shop, Inc Obligee: City of Redlands A3nount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and conning all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by faesindle." IfBoud No_ (53441-276 is not issued on or before midnight of January 16, 2019 all authority conferred in this Power of Attorney shall expire and terminate. :'A83„fig`„y Tn�ialr Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its coriz,ea1 tdlbe.� this 1611 day of January 2018 WEST R SURE COMPANY � g% STP`!?£ SfUTIF7'A Paul T. truflat, Vice President COUliC3TieLA On this 6th day of _ January... in the year 2 018 before me, a notary public, personally appeared Paul T. Brullat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. 'Fhb+ebbaobo44gbyb4�ihbhb�a*7b'ob + J. MOHR Nt7iARY PUBLIC U Notary iAL SOUTH DAKOTA SEAL � Public -South Dakota +asbhbhbbbhhbrsbh�ahhbbbbbb + My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 16th day of January 2018 WEST R �SULRE COMPANY Paul T. truflat, Vice President To validate bond authenticity, go to v"vw.enasurety.co> Owner/Obligee Services > Validate Bond Coverage. Forth F5306-10-2017 Western Suretyl PAYMENT BOND ANNUAL BOND FOR A MULTI-YEAR. CONTRACT Bond No. 6'I ^ 4127 p KNOW ALL MEN BY THESE PRESENTS, That we, Rettig Machine Sho , inc of Redlands Califo-1-nia (hereinafter called the Principal), and western surety Company- (hereinafter called the Surety), are held and firmly bound untoCitV Of Redlands (hereinafter called the Obligee), in the full and just sum of Ninety- wr.) Thousand Fi,vp Hundred and n0/100 Dollars($ 92.500-00 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Ob' October 3, 2017 for Px©ject n QOL07202017V:) weldin_ Re air, Fa}srication and tlaohine Mork Services For City's Quality of Life D,2artment for a period of 3 years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and Provided, however, that this bond is subject to the following conditions and provisions-. 1. This bond is for the term beginning January 16, 2018 and ending 01!16/201.9 2. No claim, action, suit or proceeding, except as hereinafter set forth; shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within one year of the date upon which the person shall have last performed actual work or delivered materials to the project. 3. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof. 4. The bond may be extended for additional terms at the option of the Surety, by continuation cernk..ate executed by the Surety. Signed and sealed this 16th day of Janna -v 2018 Bettie Machine Shop, Inc West rn S reti! Company By By: Attorney -En -Fact ERIN N[ICiIF..LE VIiCER Farm F6362 -i1-2017 PERFORMANCE BOND Form to be Used When Bonding Only One Year of a Multi -Year contract (Page 1 of 2) Bond KNOW ALL IGEN BY THESE PRESENTS: That R.etti Machine Show nc (hereinafter called Principal) as Principal, and western 5uret tf ComiDan a a corporation duly organized under the laws of the state of South Dakota and duly authorized and licensed to do business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto city of Redlands (hereinafter called the Obligee), as Obligee, in the full and just sum o E_ net`,-` v o Thousand Five Hundred and 00/100 Dollars (S $gt 500-.0.0. ) to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Ob' Octoi;er 3, 2077 for Broiect # OLG72G2o17NtLD Weldina Reoair Fa'oricat'on and Machine pori: Services For City's Ouaiity of Life for a period of years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Form F66i 2-&2017 PERFORMANCE BOND (Wage 2 of 2) PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning Janua_ i 16 p!8 and ending ilanuary 2a1 2. In the event of default by the Principal in performance of the contract during the terra of this bond the Surety shall be liable only for the loss to the Obligee for actual excess costs of performance of the contract up to the expiration of the term of this bond and in no event shall the liability of the Surety exceed the penal sum stated in this bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be instituted or maintained against the Surety under this instrument unless same be brought or instituted and process served upon the Surety within one year after the expiration of the term of this bond. 4. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a performance bond for subsequent terms under said contract shall constitute loss to the Obligee recoverable under this bond. 5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety and the Principal but regardless of the number of extensions for additional terms and the number of premiums which shall be payable or paid, the liability of the Surety hereunder shall not be cumulative from year to year nor period to period. 6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and sealed this 16th day of Tanua c2; 1 2018 . Rettig Mac'dne Shop, inc (Principal) By: Western Surety Go}Ll all'" (Buret)') By; ,"rr I ZMICHFLE VIKER , attorney -in -Fact Western Compani POWER OF ATTORNEY -- CERTIFIED COPY 1tinow All lien By These Presents, that W-ESTERNd SU=TY COMPANY, a corporation duly or,anized and existin; under the laws of the State of South Dakota, and having its prizmcipal office in Sioux Palls, South Dakota (the "Company"), does by these presents make, constitute and appoint EP.Id 11iCHEi p VIK rR its true and lawful attorney(s)-in-fact, with fill] power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: PriDcipal: r ettig Machine Shop, Inc Obligee: City of Redlands Amount: $1, 000, 000.00 and to bind the Company thel:ehy as fully and to the same extent as if such bonds were signed by the Vice president, seated with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority o£ the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertaldngs, Powers of Attorney or other obligations of the corporation shall he executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any trice President or by such other officers as the Board of Directors may authorize. The President, any 'Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the naive of the Company. The corporate seal is not necessary for the vabdity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No- 63 4 912 f is not issued on or before midnight of Januasv 16, 2015 � authority conferred in this Power of Attorney shall expire and terminate. Western Suroty Company has caused these presents to be signed by its Vice President, Paxil T. Bruilat, and its dthis 16th day of januarV 2018 ' `-f t= .a WEST R SURF 00MPANY ST-A,rwQF Smrk'] �'R: 'A PaW T, r ufiat, Vice President Col?. 17PfA Ori this 16r 11 day of _ J'anuar�_r in the year 201-8 before me, a notary public, personally appeared Paul T. BruQ.at, who being to me duly scorn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of NVUE ;TERN SURETY CUli1PAM andacknowledged said instrument to be the voluntary act and deers of+said corporation. J. MOHR s— NOTARY PUBLIC s Notary Public - South Dakota SEAL SOUTH DAKOTASPAT My Cenmiss—ion Expires :Tune 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 1.6 h day of anuary 2018 WEST R' SUREY COMPrANY Paul T. ruflat, Vice President To validate bond authenticity, go to 1y V%y,.ctiasurety.colnY > Ghv erfObligee Services > Validate Bond Coverane. Form F5300-10-2017