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HomeMy WebLinkAboutContracts & Agreements_87-2020 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of crushing of concrete stockpile at California Street Landfill ("Agreement") is made and entered in this 5th day of May, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and JDML 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 crushing of concrete stockpile at California Street Landfill 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 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 1 L 1ca\djm\AgreementsUDML Inc Agreement.NPS 2.2.doe.in and 1813 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, good 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 Christopher 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 perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by reference The Services shall commence as of the Effective Date of this Agreement 4 2 The term of this Agreement shall be for a period of nine (9) weeks commencing as of the Effective Date, unless terminated earlier as provided herein 4 3 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 2 L\ea\djmlAgreementsUDML Inc Agreement.NPS 2.2.doc.jn ARTICLE 5—PAYMENTS TO CONTRACTOR 5 1 Total compensation for Contractor's performance of the Services shall be in the amount of One Hundred Nineteen Thousand Dollars ($119,000) City shall pay Contractor in accordance with Exhibit "C," titled "Bid Price Sheet," 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 Contractor City Clerk John Scheck, President City of Redlands JDML, Inc dba Standard Industries Inc 35 Cajon Street 1905 Lirio Avenue(mailing) P 0 Box 3005 (mailing) Ventura, CA 93004 Redlands, CA 92373 Nort@Standardl corn jdonaldson@cityofredlands org (805) 643-6669 (909) 798-7531 (805) 643-6642 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 3 L 1caldjmlAgreements'JDML Inc Agreement.NPS 2.2.docjn 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 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 (1) 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 4 L 1caldjmlAgreementsUDMMML Inc Agreement.NPS 22.doc.in 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, 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 Contractoi 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 5 L 1caldjm\AgreementsU©ML inc Agreement.NPS 2 2.doc.jn 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 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 J D M L c dba Standard Industries, Inc 13yC1'' By era) Paul W Foster, Mayor Jo ir heck, President ATTEST. Arld-e447 Je Donaldson, City Clerk 6 L:Icaldjm\AgreementsUDML Inc.Agreement.NPS-2 2.doc jn EXHIBIT "A" SCOPE OF SERVICES Screening of Concrete/Dirt Stockpile, Concrete Ci ushing and Stockpiling Set up of equipment and the processing/crushing operation shall be coordinated with the Landfill Manager The project shall be set up or operated in a location where it may interfere with daily operations of the landfill Mobilization of Equipment Mobilize & demobilize appropriate equipment to screen the existing stockpile of concrete/dirt into various sizes and to crush larger pieces into 3/4 inches The landfill operating hours for moving equipment in and out are typically 6 00 a m to 2 30 p m Mobilization/demobiIization may occur outside of the normal working hours, including on Saturday, provided appropriate arrangements are made in advance with the Landfill Manager Concrete Stockpile Screening Current stockpile is heterogeneous and contains estimated 35% to 45% dirt in and a wide variety of concrete chunk sizes, with and without reinforcing metal Residual metal concrete reinforcement materials that are recovered shall be managed by the City of Redlands Landfill staff Contractor, upon examination of the current stockpile, will be able to identify the most effective means of processing the stockpile Explosives and blasting are not permitted in the performance of the pre-processing work Work shall comply with the Landfill's Storm Water Pollution Prevention Plan The Contractor shall ensure the work area affected by the stockpile screening will not allow ponding of water Concrete Crushing Concrete pieces regardless of size are to be crushed Concrete is to be crushed to produce one size of material for use in landfill road building The landfill fill desires material that is the following size • 3/4 inches The landfill will accept crushed, recycled clean hard fill (as defined by OAC 3745-400-05 (A) (NOT INCLUDING ASPHAULT CONCRETE) for use as road building material The clean, hard fill is to be reasonably free of protruding reinforcing material (i e rebar) that if placed in a roadway intended for landfill refuse truck and support vehicle traffic would represent a potential risk for tire puncture, undercarriage or hydraulic line damage, fuel tank 7 L 1ca\djm\AgreementsUDML Inc Agreement,NPS 2.2,doc in compromise, etc The landfill reserves the right to reject any material which in its opinion could present such a risk Removal of any rejected material from the landfill and the appropriate handling/disposition of such materials shall be at the sole expense of the Contractor 8 L 1caldpnlAgreementAIDML Inc Agreement.NPS 2.2.doc jn NPS 2.2(2l26/20) EXHIBIT "Ct' ("Bid Price Sheet") BID PRICE SHEET BASE CID crtusiINFG or CONCriETE STOCKPILE Item Item Description I A Unit Estimated C Total Price in Figures sty Unit Price (BxC) r Vobr zctlr:rZoriidr€izz_On Lump g„m 1 S 8,000 'EA $8 000 f I 2 COMM--.3 a.c 1:1?a a.een nrJ Tans 15 0r0i s 3 25 rTnri $48 750 3 C-:,ri ny 6 Sncc prune Torts 15 000 S 4 15 ,Ton $02,250 BID PRICE one hundred nineteen thousand dollars Grand TOTAL, 3119000 Total Base Bid far California Street Landfill written in words one hundred nineteen thousand Dollars($119,000 Bidders Name John Sctiect: President _ I_ � (print) Company Name JDML Inc dba Standard lritiustries Inc (print} Total tons produced shall be documented by the contractor The Landfill reserves the right to verify tonnage and quantities via the on-site landfill scales and/or volumetric survey of the final product piles Daily belt scale tickets are to be provided to the Landfill Manager These prices shall be inclusive of any and all permit, fees and/or rentals needed to stage the equipment at the landfill 10 L 1caldimlAgreements\JDML Inc Agreement.NPS 2.2.doc • NPS-2.2(2/26120) 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 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 §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 JDML, Inc dba Standard Industries, Inc 1 y• �� �- Date 2F'=Z77 ? 0 i+J `check, President 11 L•1ca\dim\Agreements\JDML Inc Agreement.NPS 2.2.doc NPS 2.2(2/26/20) EXHIBIT "B" Bond Number.CAC718277 Premium $1,118.00 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and JDML, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to set up of equipment and the processing/crushing operation (the "Work"), which said agreement, dated May 5, 2020, and identified as crushing of concrete stockpile at California Street Landfill 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 m the aforesaid Code of Civil Procedure in the sum of One Hundred Nineteen Thousand Dollars ($119,000 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, 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 m 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 a.: e n.med, on April 3o ,2020 (SEAL) (SEAL J D ' . I c,dba an : dard Industries Merch: .nding Cs i pa A Lir Con tor) BY ety)J�. , �.� / (Siy re) (Signa e) an. . R. : ; ''Att:'uey-'-Fact Addre•. 6 oo own P. a West Des Moines,IA 50266 (Seal and Notarial Acknowledgment of Telephone(80o) 678-8171 Surety) 9 L Ica\djmlAgreementsllDML inc Agreement,NPS 2.2.doc 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 Sacramento On 7 Zo2 0 before me, E Johnson , Notary Public, D to Insert Name of Notary exactly as it appears on the official seal personally appeared Sandra R Black Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the E JOHNSON person(s), or the entity upon behalf of which the person(s) acted, executed the instrument U F za �, COMM #2310061 + NOTARY PUBLIC •CALIFORNIA 'n SACRAMENTO COUNTY I certify under PENALTY OF PERJURY under the laws of Comm Exp OCT 22,zoza the State of California that the foregoing paragraph is true and correct Witness my hand and official se I Signature C� J Place Notary Seal Above Signature of Notary Pic OPTIONAL /J 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 Sandra R Black Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer —Title(s) ❑ Partner LI Limited ❑General LI Partner ❑Limited❑ General I Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER © Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer is Representing Signer is Representing. Merchants Bonding Company(Mutual)/Merchants National Bonding, Inc .. L MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING INC both being corporations of the State of Iowa(herein collectively called the Companies)do hereby make constitute and appoint individually Jonathan Russell Kathleen Ann Beck Misty Hemje Peter D Holley Robin L Amstutz Sandra R Black Sokha Evans their true and lawful Attorney(s) in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds undertakings contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law This Power of Attorney is granted and is signed and sealed by facsimile under and by authority of the following By Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding Inc. on October 16 2015 "The President Secretary Treasurer or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof" 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance or other suretyship obligations of the Company and such signature and seal when so used shall have the same force and effect as though manually fixed In connection with obligations in favor of the Florida Department of Transportation only it is agreed that the power and aut hority hereby given to the Attorney in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee shall not relieve this surety company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney in Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation In Witness Whereof the Companies have caused this instrument to be signed and sealed this 18th day of November , 2019 ............. •�.-... �' '(1 l'••• .•p�NG Co". h ogPOR4 e0 � • :�0�001P0,9 iOq•� MERCHANTS BONDING COMPANY(MUTUAL) • ci A y t • V .4 •% • MERCHANTS NATIONAL BONDING,INC tct: 3.1 2003 c): :•y 1933 c: By 774, • •..4 •�rl' •.Yijr 97 VI•• • President STATE OF IOWA •�•.""""''•�� COUNTY OF DALLAS ss On this this 18th day of November 2019 before me appeared Larry Taylor to me personally known who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors tiA?Ats ALUCIAK GRAM e e e Commission Number 767430 My Commission Expires �• April 1,2020 Notary Publrc (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC,do hereby certify that the above and foregoing is a true and correct copy of the POWER OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked In Witness Whereof I have hereunto set my hand and affixed the seal of the Companies on this i0 day of pyr i ti , 2.0 2-7D ,�aaPtlOAlq4,'� • •••*O,NG CD�p•• ��PO/p�>` ••per.: +yO�01iPa94� y�. -E.";v 2003 `4) y• 1933 c; Secretary POA0418 {3117) "" •......• ••••••.•` ACO DATE(MMIDDIYYYYI 9 CERTIFICATE OF LIABILITY INSURANCE 4,27,2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER NAMEACT Lee Ann Benham C&B Insurance Services, Inc PHONE FAX 1800 19th Street INC.No.Extt.661 283 8100 (Ali,No).661 283 8111 Bakersfield CA 93301-4315 ADDRESS. benham@cliffordandbradford com INSURER(S)AFFORDING COVERAGE NAIC# INsuRERA National Union Fire Ins Co of Pittsburgh,PA 19445 INSURED JDMLI-2 INSURERS RSUI Indemnity Company 22314 JDML, Inc dba Standard Industries INSURERC: 1905 Lirio Avenue INSURER 0 Ventura CA 93004-3219 INSURER E, INSURER F: COVERAGES CERTIFICATE NUMBER 2024635780 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR stsri wvn POLICY NUMBER IMM!DDIYYYY) IMMIDDIYYYY] A X COMMERCIAL GENERAL LIABILITY Y GL5180266 311/2020 3/1/2021 EACH OCCURRENCE 51000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISES NTED TO $300,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY S 1 000,000 GENL AGGREGATE LIMIT APPLiES PER GENERAL AGGREGATE $2,000,000 POLICY X jERT X LOC PRODUCTS COMP/OP AGG $2,000,000 OTHER. EMP BEN $1 000,000 A AUTOMOBILE LIABILITY CA2961696 3/1/2020 3/1/2021 COMBINED SINGLE LIMIT 51000,000 { X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY _ AUTOS ONLY (Per accident) B UMBRELLA LIAR X OCCUR NHA248915 3/1/2020 3/1/2021 EACH OCCURRENCE 5 4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $4 000,000 DED X RETENTIONS rl 5 A WORKERS COMPENSATION WC012016032 3/1/2020 3/1/2021 X PER OTH AND EMPLOYERS LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE N 1 A E.L EACH ACCIDENT 5 1 000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE EA EMPLOYEE $1,000,000 IS yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE POLICY LIMIT 51 000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101 Additional Remarks Schedule may be attached if more space Is required) ENDORSEMENTS ATTACHED AND/OR DESCRIBED HEREIN APPLY WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS SUBJECT TO STATUTE AND POLICY PROVISIONS ABSOLUTE WRAP UP EXCLUSION ENDORSEMENT 83641 APPLIES TO ALL PROJECTS City of Redlands is Additional Insured per endorsement CG2010&CG2037 Coverage afforded Additional Insured is Primary and Non Contributory per endorsement CG2001 3D day notice of cancellation applies except for non payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Redlands 35 Cajon Street Redlands CA 92372 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12 01 A M 03/01/2020 forms a part of policy No GL5182066 issued to JDML, INC. DBA STANDARD INDUSTRIES by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ABSOLUTE WRAP-UP EXCLUSION This endorsement modifies insurance provided under the following form COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusion is added to paragraph 2 Exclusions of SECTION I-COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY This insurance does not apply to "bodily injury" "property damage" or "personal and advertising injury"ansing out of either your ongoing operations or operations included within the"products-completed operations hazard", which are performed by or on your behalf and which are insured under any Owner Controlled Insurance Program (0 C I P), Contractor Controlled Insurance Program (C C I P)or other similar program(a"Wrap Up Program") This exclusion applies whether or not the Wrap Up Program (1) Provides coverage identical to that provided by this Coverage Part, (2) Has limits adequate to cover all claims, or (3) Remains in effect All other exclusions,terms and conditions of the policy remain unchanged Authorized Representative 83641(11/03) Page 1 of 1 POLICY NUMBER: GL5180266 COMIVIERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, Information required to complete this Schedule, tf not shown above, will be shown In the Declarations. A. Section II - Who Is An Insured is amended to that which you are required by the contract include as an additional insured the person(s) or or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily Injury", B With respect to the insurance afforded to these "property damage" or "personal and edvortising additional insureds, the following additional injury" caused, in whole or in part, by: exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury" 2. The acts or omissions of those noting on or "property damage" occurring after: your behalf; 1 All work, including materials, parts or in the performance of your ongoing operations equipment furnished in connection with such for the additional Insured(s) at the ioc,ation(s) work, on the project (other than service, designated above maintenance or repairs) to be performed by or on behalf of the additional insured(s) at However the location of the covered operations has 1. The insurance afforded to such additional been completed; or insured only applies to the extent permitted 2 That portion of "your work" out of which by law, and the Injury or damage arises has been put to 2, If coverage provided to the additional its intended use by any person or Insured is required by a contract or organization other than another contractor or agreement, the insurance afforded to such subcontractor engaged in performing additional Insured will not be broader than operations for a principal as a part of the same project CG 20 10 04 13 .. 4 Insurance Services Office, Inc., 2012 , ' Page 1 of 2 ID 1 G With respect to the insurance afforded to these 2 Available under the applicable Limits of additional Insureds, The following is added to Insurance shown in the Declarations; Section III - Limits Of insurance. If coverage provided to the additional insurad is whichever is less required by a contract or agreement, the most This endorsement shall not increase the we will pay on behalf of the additional Insured applicable Limits of Insurance shown In the is the amount of insurance Declarations 1 Required by the contract or agreement, or Page 2 of 2 • C. Insurance Services Office, Inc , 2012 OG 20 10 04 13 POLICY NUMBER: GL6180266 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIADil ITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s) ANY PERSON OR ORGAN 17AT I ON WHOM PER THE CONTRACT OR AGREEMENT. YOU BECOME OBLIGATED TO INCLUDE AS AN ADD 1 T I ONAL 1 NSU RED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, Information required to complete this Schedule, if not shown above, will be shown in the Declarations A Section II - Who Is An Insured is amended to which you are required by the contract or include as an additional insured the persons} or agreement to provide for such additional organization(s)shown in the Schedule, but only Insured with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, additional Insureds, the following Is added to by "your work" at the location designated and Section Ill - Limits Of Insurance: described In the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most included in the "products-completed operations we will pay on behalf of the additional Insured hazard", Is the amount of insurance. 1 lowever 1 Required by the contract or agreement; or 1. The Insurance afforded to such additional 2. Available under the applicable Limits of lnsu- insured only applies to the extent permitted ranee shown In the Declarations, by law, and whichever is less, 2, If coverage provided to the additional This endorsement shall not increase the apple insured is required by a contract or agree- moot, the insurance afforded to such addi- cable Limits of Insurance shown in the Decla- tional insured will not be broader than that rations CG 20.37 04 13 Q Insurance Services Office, Inc , 2012 Page 1 of 1 121 - i • e.FF. i :il'ta 3 f POLICY NUMBER GL5180266 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following' COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLE'I El) OPERATIONS LIABILI fY COVERAGE PART The following Is added to the Other Insurance policy provided that: Condition and supersedes any provision to the (1)The additional insured is a Named Insured contrary: under such other insurance; and Primary And Noncontributory Insurance (2)You have agreed In writing in a contract This insurance is primary to and will not or agreement that this insurance would seek contribution from any other insurance be primary and would not seek oontribu- available to an additional insured under your tion from any other insurance available to the additional insured. CGa0 01 0a 13 0 Insurance Services Office, Inc , 2012 Page 1 of 1