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HomeMy WebLinkAboutContracts & Agreements_26D-2020NPS 2,2 (08/2/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the installation of park lighting at Brookside Park ("Agreement") is made and entered on this 28th day of February, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Three Peaks Corp ("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 install certain lighting system improvements at Brookside Park 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," titled "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 0 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 1 815 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 \ea\djm\Agreements\Three Peaks Corp Brookside Park Lighting Agreement.NPS-2.2.doc.jn NPS 2.2 (08/2/19) 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 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 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.0 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 2 9 Pursuant to Labor Code section 6705, if the Services require 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 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, Facilities and Community Services 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 complete the Services within thirty (30) days from the Effective Date of this Agreement 4 2 Contractor shall furnish a labor and material bond, in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by reference, 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 Total compensation for Contractor's performance of the Services shall not exceed the amount of Forty Four Thousand Ten Dollars ($44,010) City shall pay Contractor upon 2 L 1ca\djm\Agreements\Three Peaks Corp Brookside Park Lighting Agreement.NPS 2.2.doc jn NPS -2.2 (08/2119) completion of the Services in accordance with Exhibit "C," titled "Price Bid," attached hereto and incorporated herein by reference 5 2 Contractor shall submit an invoice to City upon completion of the Services 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, (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 City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org (909) 798-7531 Fax (909) 798-7535 Contractor Erik Simmons, President Three Peaks Corp PO Box 101 Calimesa, CA 92320 erik@threepeakscorp corn (909) 522-2219 Fax (909) 795-1692 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," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services 13 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 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 3 L.lea'dim\Agreements\Three Peaks Corp Brookside Park Lighting Agreement.NPS 2.2,doc,.)n NPS 2,2 (0812119) 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, (u) 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, (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 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 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, 4 L k:aldjm\Agreements\Three Peaks Corp Brookside Park Lighting Agreement.NPS 2.2.doc.�n NPS 2.2 (08/2/19) 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 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 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 any 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 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 (ii) 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. 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 5 L IcaldjmlAgreements\Three Peaks Corp Brookside Park Lighting Agreement NPS 2.2.doc.in NPS -2.2 (08/2/19) 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 THREE PEAKS CORP By By Charles M Duggan Jr , ity anager ATTEST e Donaldson, City Clerk Eri '{ m ns, President 6 L'1caldjm\Agreements\Three Peaks Corp Brookside Park Lighting Agreement.NPS-2.2.dogn NPS -2.2 (08/2/19) EXHIBIT "A" SCOPE OF SERVICES Contractor shall erect light poles, trench for conduit and pull boxes at 1630 Brookside Avenue in the City of Redlands The poles, bullhorns, light fixtures, pull boxes, photo cell, time clock and lighting contactors, are all provided by the City Trench and Conduit Installation Trench 700' linear feet to install 2" conduit at a minimum depth of 18" from top of conduit Install conduit into trench Backfill, compact, and reseed trench area Pull 3 - #6 wiring to each pole Electrical Infrastructure Install (material provided by City) 7- pull boxes (1 at each pole location) 1 - photo cell 1 — time clock Lighting contactors Pole ( material provided by City) Erect 8 - 30' tall, round, tapered aluminum poles with inline cross arm bullhorn to affix 4 light fixtures per pole Install light fixtures (material provided by City). 3 - RG stadium 1-500W & 1 - RG stadium 600W (per pole) System start-up and adiusting of lighting fixtures Safety. Traffic • Note it is Contractor's responsibility to be fully self -informed regarding all legal and industry standard requirements regarding all applicable safety requirements • Ensure all workers and equipment operates in the safest possible ways including but not limited to personal protective equipment • Provide all MSDS for all hazardous materials used in conjunction with this work • Ensure an adequate number of workers are onsite to ensure adequate safety • Report, immediately, all safety concerns, incidents, or accidents to the City Representative • Maintain clear access to all entries and exits • Maintain clear ingress and egress areas, sidewalks, vehicle travel lanes, driveways, and the like at all times unless the immediate work prohibits it • Do not block traffic lanes during blackout dates unless authorized by City Representative • Do not admit anyone into the designated work areas who are not an employee of City, Contractor, or subcontractor • Ensure that all workers wear Contractor -furnished identification at all times • Provide temporary security measures for the work site, to secure all equipment and materials and discourage theft, vandalism, and unauthorized entry by public (Continued) 7 L 1ca\djm\Agreements\Three Peaks Corp Brookside Park Lighting Agreement NPS 2.2.docp Other NPS 2.2 (08/2/19) • Submit all manufacturer's guarantees, warrantees, product information, and any applicable as -built drawings to City Representative after job has been completed and prior to presentation of final invoice • Provide all necessary barricades, warning tape, and signage as required to protect walking and vehicular traffic from work area and work area equipment • Provide scaffolding, bracing, or supports as required • Protect all existing adjacent facilities • Maintain areas free of waste materials, debris, and rubbish 8 L 1caldimlAgreements\Three Peaks Corp Brookside Park Lighting Agreement.NPS 2,2.doedn Executed in Duplicate EXHIBIT"B" LABOR AND MATERIAL BOND Bond No 24243515 Premium $317 00 NPS 2.2 (08/2/19) Whereas, the City Council of the City of Redlands, State of California, and Three Peaks Corp (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 February 28, 2020, and identified as installation of park fighting 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 ($44,010) 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 of addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on February 28, 2020 (SEAL) Three Peaks Corp nk Simmons, President (SEAL) The Ohie Casualty Insurance Company (Surety) BY. (Si; ature Lawrence F McMahon, Attorney in -Fact Address 790 The City Drive South, Suite 200 Orange, CA 92868 (Seal and Notarial Acknowledgment of Telephone( 714) 634-5212 Surety) 9 L Ica\dint Agrc�.nni,nts\Thre. Peaks Corp Brookside Park Lighting Agreement.NPS 2.2 doL jn 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 San Diego } On FEB 2 8 2020 before me, Janice R Martin , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F McMahon Name(s) of Signer(s) r. t3.,-- in VMy A:> JANICE R MARTIN .. � COMM -2158852 0 ;=F. �3. NOIARYPUBLiC CALIFORNIA N i -,_-.e), SAN DtEGO COUNTY Commission Expires TULY2S,2020 who proved to me on the basis of satisfactory be the person(] J) whose name* is/ 'thi within instrument and acknowledged to executed the same in his/raMif authorized and that by his/, t/rW W signature(fl on person{J$Jj or the entity upon behalf of which acted, executed the instrument h i certify under PENALTY OF PERJURY the State of California that the foregoing and correct Witness m • - -, and official -al Signatur- / / evidence to subscribed to the me that he/MfrlVii capacityWA, the instrument the the person* under the laws of paragraph is true Place Notary Seal Above Signature • Clary Public Janice Martin 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 Signers) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name LI Individual • Individual ❑ Corporate Officer —Title(s) • Corporate Officer—Titie(s) ■ Partner ❑ Limited • General • Partner ❑ Limited • General C✓J Attorney in Fact • Trustee RIGHT THUMBPRINT OF SIGNER • Attorney to Fact • 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 Surety Company Liberty 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 8197174 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 duly organized under the laws of the State of Indiana (herein collectively called the Companies ), pursuant to and by authonty herein set forth does hereby name constitute and appoint Janice Martin, Lawrence F McMahon, Sarah Myers all of the city of San Diego state of CA each individually if there be more than one named its true and lawful attorney-in-fact to make execute, seal, 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 23rd day of October 2018 By Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M Carey Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss On this 23rd day of October 2018 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 authorized 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 written COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper MenonTwp. Montgomery County My Commission Expires March 28 2021 Member Pennsylvania Assoctaboo of Notaries By a -Y -LILA) rasa Psslella. Notary Public eresa Pastella, Public 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. Power of Attorney. Any officer or other official of the Corporation authorized 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 attomey, 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 authority granted to any representative 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 attorneys -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, shall 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 Companys 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 >, c0 W N U) U) C U) to 0 _ Cr)U L1! m E oQ ¢ '1- O10 C lE Qf>3 ao ,n9 - 0) o 3 Tu > c N r 00 E EN eco 0 Ur 0 (0 I— r IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 28th day of February , 2020 LMS 12873 LMIC OCIC WAIC Multi Co 062018 By Renee C. Llewellyn Assistant Secretary NPS -2.2 (08/2/19) EXHIBIT "C" "PRICE BID" BROOKSIDE PARK LIGHTING IMPROVEMENTS (ERECTING POLES, TRENCHING, CONDUIT) ltein No. Brief Description Total Price Al Mobilization $ 2,000 00 A2 Pole (provided by City) Erect 8 - 30' tall, round, tapered aluminum poles with inline cross arm bullhorn to affix 4 light fixtures per pole Install light fixtures (provided by City) 3 - RG stadium 1-500W & 1 - RG stadium 600W (per pole) Install (provided by City) 8 - total - pull boxes (1 at each pole location) 1 - photo cell 1 --- time clock Lighting contactors $ 20,680 00 A3 Trench to install conduit $ 1 1,340 00 A4 Pull 3 - #6 wiring to each pole $ 7,290 00 A5 System start-up and adjusting of lighting fixtures $ 2,700 00 TOTAL $ 44,010 00 Contractor shall submit an invoice to City upon completion of the Services as listed above. Completion of the Services should be within thirty (30) days from the Effective Date of this Agreement 10 L•Icaldjm\Agreements\Three Peaks Corp Brookside Park Lighting Agreement.NPS 2.2.doc}n NPS -2.2 (0812119) 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 0 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 1 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, 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 THREE PEAKS CORP By Erik Si mon , President Date. 11 L 1ca\djm\Agreements\Three Peaks Corp Brookside Park Lighting Agreement.NPS-2.2.doc.in