Loading...
HomeMy WebLinkAboutContracts & Agreements_164-2019NPS 2.2 (04/8/39) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of preventative maintenance, parts, and service ("Agreement") is made and entered in this 6th day of August, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and R & B Automation, Inc ("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 1 — ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform preventative maintenance, parts, and services for City (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 like 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 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 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 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 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, 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. 1 L lcalctimlAgreements1R&B Automation NPS 2.2.doc.in NPS 2.2 (04/8/19) 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 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 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 3 2 City designates Chris Boatman, Interim Municipal Utilities and Engineering 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 " The Services shall commence as of the Effective Date of this Agreement Contractor shall perform and complete the Services in a prompt and diligent manner The Services shall commence immediately after the Effective Date of this Agreement The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Term") 4 2 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B", in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of One Hundred Fourteen Thousand Five Hundred Dollars ($114,500) for the Services provided during the Term City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in 2 L Ica\dbm\Agreements\R&B Automation NPS 2.2.doc.jn NPS 2.2 (0418119) Exhibit "C," entitled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 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 City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 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, (11) five (5) days after deposit in first class registered mail, with return receipt requested, (in) 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 City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org (909) 798-7531 Contractor Amalia Rowden, President R & B Automation, Inc 42108 Zevo Drive Temecula, CA 92590 mollie@r-bautomation com 800-532-4752 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage 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 policy except upon thirty (30) days prior written notice to City A 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 that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "D" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and 3 L 1caldimlAgreements\R&B Automatson NPS 2.2.doudn NPS 2.2 (0418119) 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 C 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 6 2 Contractor 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, Contractor, 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, (in) 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, (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 in making a governmental decision 01 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 4 L IcaldjmlAgreements\R&B Automation NPS 2.2.doc jn NPS 2.2 (0418119) 7 3 In the event City 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 terms or conditions of this Agreement the prevaihng 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 Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 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 alI 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 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) 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 (I) no 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, design calculations, drawings, specifications, reports, estimates, 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 5 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 5 L Icaldjm\Agreements\R&B Automation NPS 2.2.doc.jn NPS 2.2 (0418/19) 8 6 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 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS R & B By By Paul W. Foster, Mayor Amalia Row. = , President ATTEST Jeanne Donaldson, City Clerk 6 L 1caldjmlAgreements\R&B Automation NPS-2.2.docp NPS 2.2 (0418/19) EXHIBIT "A" SCOPE OF SERVICES R&B Automation, Inc shall provide the services of a certified Systems Service Representative to perform preventive maintenance on all installed Motor Operated Valves (MOV's) at the City's Water and Wastewater facilities Routine preventive services shall be performed during normal working hours which are defined as Monday thru Friday, 8 OOam to 5 OOpm excluding nationally observed holidays Emergency demand corrective maintenance is available upon request When a routine service call is to be scheduled during normal working hours, a one week notice shall be given to us, if possible R&B Automation, Inc shall perform preventive maintenance service to each motor operated valve at the referenced facility at an interval of once per year The cost for each P M service would be a unit cost per MOV/ per inspection plus any parts that are required. R&B Automation, Inc shall perform these services on a routine basis which meets the operational requirements of maintenance and operations at the facility. All customer control wiring shall be the responsibility of others Preventive maintenance of the valve shall include, and be limited to, inspection, cleaning and lubrication of the valve stem, inspection and tightening, when required, of the fasteners attaching the actuator to the valve, and the inspection, adjustment and maintenance of the stem packing All stem packing removal and replacement shall be done on a time and material basis After the initial P M service has been performed, plus any subsequent repairs, all labor to maintain the motor operators shall be at no additional charge provided a P M service has been performed within the last 6 months, and the service required can be performed with common hand tools without removal of the motor or motor operator from the valve Exceptions would be made when the actuator has been abused, operated in a manner inconsistent with the instruction manuals or when the unit has been subjected to extreme force R&B Automation, Inc shall maintain and stock the necessary parts required to service the MOV's, however, spare and replacement parts are the responsibility or the customer Additionally, R&B Automation, Inc shall track and report all incidents and the effects which cause failure of non-performance of the motor operated valve We will then utilize this information to make recommendations to improve performance and reliability of the system PREVENTATIVE MAINTENANCE PROCEDURES 1 Upon arrival at a customer location, the R&B Automation, Inc 's technician shall check with the proper customer contacts for awareness of plant safety guidelines and operations requirements 7 L Ica\djm\Agreements\R&B Automatson NPS 2,2,doe.an NPS 2.2 (0418/19) 2 Upon arrival at MOV, R&B Automation, Inc 's technician shall log all tagging information on company paperwork 3 Upon completion of work in customer's facility, the R&B Automation, Inc , technician shall check out with the proper customer contact MAINTENANCE CLASS & RECOMMENDED INTERVAL The procedures of maintenance and inspection service are classified generally into three (3) levels per the following chart which outlines the recommended interval and location of repair Class Interval Location A Every Year On the MOV unit without removing from the valve B Every 3-5 years or whenever On the MOV unit without removing from the deemed necessary from results of valve Class A service C Every 7-10 years or whenever Remove operator from the valve and bring into deemed necessary from results of R&B Automation, Inc 's shop Class A & B service Class A Assure that all electrical power has been disconnected and locked out or tagged With the power disconnected, open the geared limit switch compartment cover and carry out the following inspection ACTUATOR 1 Measure insulation resistance of electric motor operator's incoming cables with 500 VDC mega tester, and confirm resistance to be more than 5M ohm In the event the reading is Iess than the allowable values, disconnect the incoming cables and check the resistance of the operator only If the unacceptable reading still exists, proceed to mega test for each control component separately 2 Check the geared limit switch rotor, terminal base and contacts Clean contacts with the proper cleaner 3 Check torque switch contacts, arm rotating movement, terminals and set screw tightness Clean contacts with the proper cleaner 4 Check pushbutton function and indicating lights where provided 8 L IcaldjmlAgreements\R&B Automation NPS 2,2,doc.in NPS 2.2 (0418119) 5 Assure that no damage exists in all other electrical components (mechanical reversing contactors, control transformers, space heater, etc ) 6 Make sure that all wiring connections are inserted correctly in the terminal block 7 Secure tightness of all fasteners including terminal screws 8 Check MDPI gear train and chain tightness where applicable Coat chain gears with the proper lubrication 9 Check for grease leakage 10 Remove grease plug and make grease sampling check for contamination and degradation 11 Remove valve stem cover if applicable and check lock nut tightness Clean valve stem and coat stem surface with a proper lubricant 12 Check the declutching function by shifting the declutch lever to the manual position to ensure proper handwheel operation Electrically operate the actuator to assure declutching mechanisms are functioning properly 13 Tropicalize control compartments and electrical components 14 Operate the valve thru one full cycle by motor run and take the following data A Operating time B Geared limit switch and torque switch function c Power voltage and motor current when applicable D Abnormal noise and vibration E MDPI run and remote position indicator motion. 15 External visual inspection A Secure tightness of all external fasteners 13 Make sure that no housing cracks exist C Make sure no grease leakage exists D Check signs of corrosion and touch up paint where needed VALVE 1 Valve stem shall be checked for wear, corrosion and lubrication 9 L Ica\djmlAgreements\R&B Automation NPS-2.2.doc in NPS 12 (0418119) 2 Valve shall be cleaned and Iubricated 3 Stem protector shall be inspected to ensure water tightness 4 All fasteners for attaching motor operator to valve shall be inspected for tightness 5 Valve stem packing shall be inspected for Ieakage and adjust if necessary 6 If packing does not stop leaking, new stem packing shall need to be installed Class B In addition to Class A procedures, the following service is to be carried out 1 Remove geared limit switch assembly and check drive pinion 2 Remove torque switch assembly and check out tripper arm, actuating arms and pinion gears for smooth operation 3 Remove motor and check motor pinion, motor pinion key, worm shaft gear and worm shaft clutch 4 Remove declutch Iever, handwheel and spring cartridge cap Check worm and worm wheel gear tooth contact Ensure tightness of torque spring lock nut 5 Remove as much grease as possible and fill with new grease Class C In addition to Class A and Class B procedures, Class C requires that the electric motor operator is removed from valve and taken to R&B Automation, Inc 's maintenance shop After a complete overhaul, including a careful inspection of the declutch mechanism, the operator shall be returned and reinstalled on the valve All original settings shall be reset CITY RESPONSIBILITIES TO R&B'S AUTOMATED VALVE SERVICES 1 Provide a safe work environment for field service personnel 2 Provide R&B Automation, Inc with plant safety manuals and MSDS where applicable 3 Provide R&B Automation, Inc with a valid list of motor operators in the area to be serviced 4 Provide R&B Automation, Inc with scheduled access to jobsite 5 Give R&B Automation, Inc 24-hour notice if schedule is changed 6 Advice R&B Automation, Inc of motor operator failures of malfunctions as they 10 L IcaldjmlAgreements\R&B Automation NPS 2.2.doc jn NPS 2.2 (04/8/19) occur In the event of emergency service of the MOV by the customer in which the "gear seal" is broken, all electrical compartment covers must be tightened securely and R & B Automation, Inc 's personnel must be advised within 24 -hours of the event 7 Provide necessary means to access motor operator (i e scaffolding, lifts, etc ) 8 Provide proper wiring conduit and conduit seals to N E C code 11 L lcald,im\Agreements\R&B Automation NPS 2.2.docjn NPS 2.2 (04/8/19) EXHIBIT "B" 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 certam designated public improvements (the "Work"), which said agreement, dated , 2018, and identified as is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Pnncipal 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 m 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) (Contractor) (Surety) BY (Signature) (Signature) Address (Seal and Notarial Acknowledgment of Telephone( ) Surety) 12 L Icaldjm\Agreements\R&i3 Automation NPS 2.2.doc.jn NPS 2.2 (04/8/19) EXHIBIT "C" PRICE AND FEE BID FIELD INSTALLATION, SERVICE, & REPAIR Electric Actuators Pneumatic Actuators Hydraulic Actuators Valve Positioners Limit Switch Assemblies Position Transmitters Regulators and Airsets Solenoid Valves Extensions Floorstands Travel $120 00 Per man/per hour Field Service Call $240 00 Per man/per hour Unforeseen Standby $240 00 Per man/per hour Shop Labor $90 00 Per man/per hour MAINTENANCE CLASS RATES - Per P.M. Service/Per MOV Class A $252 00 Class B $336 00 Class C $600 00 OTHER APPLICABLE CHARGES Monday thru Friday 8 OOam to 5 OOpm $240 00 Standard Rate Monday thru Friday 5 OOpm to 9 OOpm $360 00 Rate x 1 5 Monday thru Friday 9 OOpm to 8 OOam Rate x 2 Saturday 8 OOam to 5 OOpm Rate x 2 Saturday 5 OOpm to 8 OOam Rate x 2 Sunday and Observed Legal Holidays Rate x 2 Travel Time Portal to Portal Applicable Rate Not to exceed 8 hours per day maximum for domestic travel or International travel not to exceed 24 hours Travel by Auto Portal to Portal $0 58 Per mile Travel by Service Truck $1 00 Per mile Travel by Air Actual Cost Lodging Actual Cost Meals Actual Cost 13 L lcald,imlAgreements\R&B Automation NPS 2.2.doc.jn NPS 2.2 (04/8/19) EXHIBIT "D" 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 em layer 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 §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, 1 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 R & A ► TOMAT ii Date By i. ' ow • President 15 L 1caktim\Agreements\R&B Automation NPS 2.2.doc.jn )1 Premium $1,0$4 EXHIBIT "B" LABOR AND MATERIAL BOND Bond # 39K006511 NPS 2.2 (0418119) Whereas, the City Council of the City of Redlands, State of Califorma, and R & B Automation, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated August 6, 2019 2Og8)( and identified as Perform preventative is hereby referred to and made a Dart hereof, and maintenance on all instaued Motor Operated Valves (MOV's) at the city's Water and Wastewater facilities Whereas, under the terms of the Agreement, Pnncipal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made m Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Pnncipal and the undersigned as corporate surety, are held finely bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed m the performance of the Agreement and referred to m the aforesaid Code of Civil Procedure in the sum of Dollars ($ 114,500 00 ) for matenals 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, includmg reasonable attorneys' fees incurred by the City m 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 therem 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 terns 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 October 28 , 201 9 (SEAL) R & B Automate.. Inc (SEAL) The 0 asualty Insura e- Co 'pany (Co to' (S By 13Y. i!1 (Si (Signature) Leslie Flahn, Attorne -In- act Address 175 Berkeley Street Boston MA 02116 (Seal and Notanal Acknowledgment of Telephone( 617) 357 9500 Surety) 12 L 1oa\djmIAgreements &R&B Automation NPS-2.2.doc.in CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA County of SAN DIEGO j I On October 28 2019 before me, L jj_Wrk4h{,Al eXCUA are -i , Notary Public Date Insert Name of Notary exactly as it appears on the official seal personally appeared Leslie Hahn Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person*) whose name(5i) is/age subscribed to the within instrument and acknowledged to me that We/she/they executed the same in lmrsfherl$fxloiRauthorized capacity(hR), and that by I /herltiook signature(s) on the instrument the person(s), or the entity upon behalf of which the person(R) acted executed the instrument o, CURLME ALEXANDER �4 � NotaryPubiic California z 1 certify under PENALTY OF PERJURY under the laws of YSan Diego County i the State of California that the foregoing paragraph is true a- Commission r 2259048 and correct "°' My Comm Expires Sep 21, 2022 Witnass my hind a0,d official Signature �111�,L�.t,-11�9� 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 the 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(s) Signer's Name Signer's Name ■ individual • Individual • Corporate Officer —Title(s) • Corporate Officer —Title(s) • Partner 1 Limited • General • Partner ❑ Limited • General ■ Attorney in Fact • Trustee RIGHT THUMBPRINT • Attorney in Fact OF SIGNER ❑ Trustee RIGHT THUMBPRINT OF SIGNER • Guardian or Conservator • Other Top of thumb here • Guardian or Conservator ❑ Other Top of thumb here Signer is Representing Signer is Representing Liber Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No 8201519 988651 KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana (herein collectively called the Companies") pursuant to and by authority herein set forth does hereby name constitute and appoint Steven R Bonilla Ted Collins Jorge Abitra Neves, Leslie Hahn, Jennifer Palmer l I U) 0) a) 47 m U a) o - co N > eco • Uy to O L pj O ov O N (llL_ a7 p1 c Ea) CO U O3 C > m O s_ Z CCi all of the city of San Dteco state of California each individually if there be more than one named its true and lawful attorney in -fact to make, execute seat acknowledge and deliver for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of July 2019 By Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmencan Insurance Company G Ir?ij David M Carey Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss On this 8th day of July 2019 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company The Ohio Casualty Company and West American Insurance Company and that he as such being authonzed so to do execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above wntten 'yp PAS 4'. 0 14vE�tF� OF Y t�3`i aste t ry Oji This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company and West American Insurance Company which resolutions are now in full force and effect reading as follows ARTICLE IV— OFFICERS Section 12 Paver of Attorney Any officer or other official of the Corporation authonzed for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make execute seal acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Such attorneys -in fact subject to the limitations set forth in their respective powers of attorney shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authonty granted to any representabve or attorney -in fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority ARTICLE XIII — Execution of Contracts Section 5 Surety Bonds and Undertakings Any officer of the Company authonzed for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations Such attorneys -in fact subject to the limitations set forth in their respective powers of attorney, shalt have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authonzes David M Carey, Assistant Secretary to appoint such attorneys -in fact as may be necessary to act on behalf of the Company to make, execute, seal acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed I Renee C Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 28th day of October 2019 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pasiena Notary Pubtic Upper MorionTwp. Montgomery County My Commission Expires Mardi 28, 2021 By :14- Ltd& eresT a P Ila No a Public Member Pennsylvania Association of Notaries LMS 12873 LMIC OCIC WAtC Mutt Co 062015 By Renee C Llewellyn, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of IR. 1Ven rl LL Date personally appeared j� before me, ) l t,,,,."--- (--/,,,,,,,,,A., Nopi/ b I' G Here Insert Name and Title of the Otoer 12-6V)61l-e4 Name? of Signer( who proved to me on the basis of satisfactory evidence to be the per subscribed to the within instrument and acknowled to me that _ thheir authorized capacity and that by /thgfi- signature or t e entity upon behalf of which the person(s) acted executed the instrument on( {' whose namq(s(/aro Allay executed the same in on the instrument the person,(,$); TAMARA YZERMANS Notary Public - California Riverside County Commission sy 2159233 -- M Comm Expires Au 4 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL SignatuQf' otary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document01 tvrtk in �Lf c r'f (1� -�- 30 �- Document Date WI bfir ) lCf r Number of Pages Signer(s) Other Than Named Above It Capacity(ies) Claimed by Signer(s)1 Signer's Name /rMa_ t t��. at-e4et LI Corporate Officer — Title(s) i Partner —11 Limited E General ,Individual 0 Attorney in Fact Trustee E Guardian or Conservator 0 Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) Partner — C Limited ❑ Ge e al ❑ Individual C Attoplef in Fact Trustee C Guardian or Conservator Other Signer Is Fjopfesenting 002015 National Notary Association www NationalNotary.org 1 800 -US NOTARY (1-800-876-6827) Item #5907