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HomeMy WebLinkAboutContracts & Agreements_114-2020NPS 2.2 (2126/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of annual maintenance, service, repair, material supply, and support for AUMA actuator equipment ("Agreement") is made and entered to this 1st day of July, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and R&B Automation, Inc ("Contractor") City and Contractot are sometimes individually referred to herein as a "Party" and, togethei, as the "Parties " In consideration of the mutual promises contained herein, City and Contractoi agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform annual maintenance, service, repair, mates ial supply, and support for AUMA actuator equipment 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 similai types of Services ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2 1 The Services that Contractoi 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 lirnited, 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 23 Contractor acknowledges that if it violates the Laboi Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractoi 01 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 subcontractot with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractoi 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 Laboi Code sections 1775 and 1813 L 1caldumlAarcements\R&B Automation Inc FY 20 21 doc.in NPS 2.2 (2/26/20) 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 Contractoi acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 2 7 Contractoi shall comply with the provisions of Laboi Code section 1777 5 as to apprenticeships, and Laboi 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 undei section 4 of the Clayton Act (15 U S C section 15) or under the Cartwi ight Act (Chaptei 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Work of 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 Rudolph S Chow, P E , Municipal Utilities & Engineei ing Departinent Directoi, as City's representative with respect to performance of the Services, and such person shall have the authoi ity 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 mannei 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 foi a period of one (1) yeas commencing as of the Effective Date, unless terminated earlier as provided herein 4 3 Contractoi shall furnish a laboi and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by reference, m 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 one hundred and ninety thousand dollars ($190,000) City shall pay Contractoi on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled "Fee Schedule Title," attached hereto and incorporated herein by reference 2 L IcaldpnlAgreementslii&B Automation Inc FY 20 21 (loco NPS 2.2 (2/26/20) 5 2 Contractor shall submit monthly invoices to City desci ibing 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, (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 proper ly posted and fully prepaid to the appropriate address set forth below, 01 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 Zero Drive Temecula, Ca 92590 mollie cr r-bautmation coml Phone 951-693-0170 Fax 951-693-0190 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 I The following insurance coverage required by this Agreement shall be maintained by Contractoi 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 pi roe written notice to City A Workers' Compensation and Employee's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractoi 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 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 pi unary and non -conte ibuting to any insurance or self-insurance maintained by City 3 L 1ca\dpn\Agreements\R&B Automation Inc FY 20 21 doc jn NPS 2.2 (2126/20) C Business Auto Liability coverage, with minimum Ii nits of One Million Dollars ($1,000,000) pei 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 pi imary and non-contributing to any insurance or self-insurance maintained by City 6 2 Contractoi 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, of 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 of 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 undet this Agreement 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractoi A Does not make a governmental decision whethei to (i) approve a rate, rule or regulation, 01 adopt 01 enforce a City law, (ti) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order of similai authorization or entitlement, (iii) authorize City to entei 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 similai item, (vi) adopt, or grant City approval of, policies, standards oi guidelines fat City at for any subdivision thereof 13 Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision oi 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 undei Government Code section 87302 7 3 In the event City determines that Contractoi must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, 4 L IcaldjmlAgreements\R&B Automation Inc rY 20 21 docp NPS 2.2 (2/26/20) 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 stiict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prioi written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractoi is foi all purposes under this Agreement an independent contractor and shall perforin the Services as an independent contractor Neither City nor any of its agents shall have control ovei the conduct of Contractor oi 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 Contractoi are for its account only, and in no event shall Contractoi oi personnel retained by it be deemed to have been employed by City or engaged by City foi the account of, at 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, not 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 Tess than five (5) days prior written notice to Contractoi 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 foi 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 tetmination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver 01 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, summai res and such othei 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 Contractoi shall maintain books, ledgers, invoices, accounts and othei records and documents evidencing costs and expenses related to the Services for a period of three (3) years, 01 for any longer period required by law, from the date of final payment to Contractoi pursuant to this Agreement Such books shall be available at reasonable times foi examination by City at the office of Contractoi 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 Ica\djm\Agrecments\R&B Automation Inc FY 20 21 doc.,In NPS 2 2 (2/26/20) 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 of more of the sentences, clauses, paragraphs of sections contained in this Agreement is declared invalid, void of unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair 01 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 Contractoi have signed in confirmation of this Agreement CITY OF REDLANDS BY Paul W Foster, Mayor ATTEST )2/et/AA-IL nne Donaldson, City Clerk 6 L \ca\dpn\Agreements\R&B Automation Inc FY 20 21 doc jn m. is Rowden, President NPS 2.2 (2/26/20) EXHIBIT "A" SCOPE OF SERVICES R&B Automation, Inc will provide the services of a certified Systems Service Representative to perform preventive maintenance on all installed Motor Operated Valves (MOV's) at your facility I Routine preventive services will be performed during normal working hours which are defined as Monday thru Friday, 8 00am to 5 O0pin 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 will be given to us, if possible 2 R&B Automation, Inc will perform preventive maintenance service to each motoi operated valve at the referenced facility at an interval of once pei year The cost fol each P M service would be a unit cost per MOV/ pei inspection plus any parts that are required 3 R&B Automation, Inc will perform these services on a routine basis which meets the operational requirements of maintenance and operations at your facility All customer control wiring will be the responsibility of others 4 Preventive maintenance of the valve will 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 will be done on a time and material basis, at the rate of $240 00 per man/ per hour plus parts Travel rate will be $120 00 pei man, plus $1 00 per smile portal to portal 5 After the initial P M service has been performed, plus any subsequent repairs, all labor to maintain the motor operators will 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 cominon hand tools without removal of the motor of motor operator from the valve Exceptions would be made when the actuator has been abused, operated in a manner inconsistent with the instruction manuals of when the unit has been subjected to extreme force In these cases, a rate of $240 00 per man/ per hour would be charged between the hours of 8 00am and 5 00pm and $360 00 for overtime and weekends Travel rate will be $120 00 pei man, plus $1 00 pei mile portal to portal 6 R&B Automation, Inc will maintain and stock the necessary parts required to service the MOV's, howevei, spare and replacement parts are the responsibility or the customer 7 Additionally, R&B Automation, Inc will track and report all incidents and the effects which cause failure of non-performance of the motoi operated valve We will then utilize this information to make recommendations to improve performance and reliability of the system 7 L Ica\MmlAgreements\R&B Automation Inc ry 20 21 docp NNS 2.2 (2/26/20) EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and R&B Automation, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to provide annual maintenance, service, repau, material supply, and support foi AUMA actuator equipment (the "Work"), which said agreement, dated July 1, 2020, and identified as R&B Automation, Inc 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 Nov, 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 one hundred ninety thousand dollars ($190,000) 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 (corninencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or then 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 01 addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on 2020 (SEAL) (Contractor) (SEAL) (Surety) BY (Signature) (Signature) Address (Seal and Notarial Acknowledgment of Telephone( ) Surety) 8 L Icaldjm\Agrcements\R&i3 Automation Inc FY 20 21 dodo NPS 2.2 (2/26/20) EXHIBIT "C" ("Fee Schedule/ Price and Fee Bid") PREVENTATIVE MAINTENANCE PROCEDURES Upon arrival at a customer location, the R&B Automation, Inc 's technician will check with the proper customer contacts for awareness of plant safety guidelines and operations requirements Upon arrival at MOV, R&B Automation, Inc 's technician will log all tagging information on company paperwork • Upon completion of work in customer's facility, the R&B Automation, Inc , technician will 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 A B Interval Location Every Year On the MOV unit without removing from the valve Every 3-5 years 01 whenevei deemed necessary from results of Class A service C Every 7 10 years or whenever deemed necessary from results of Class A & B service A On the MOV unit without removing from the valve Remove operator from the valve and bring into R&B Automation, Inc 's shop Class S252 00 Per P M Service/ Per MOV 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 operatoi 's incoming cables with 500 VDC mega testei, and confirm resistance to be more than 5M ohm In the event the reading is less than the allowable values, disconnect the incoming cables and check the resistance of the operator only 9 L Icaldtm\Agrecments\R&B Automation Inc FY 20 21 doc.in NPS 2.2 (2/26/20) If the unacceptable reading still exists, proceed to mega test for each control component separately 2 Check the geared Inuit switch rotor, terminal base and contacts Clean contacts with the propel 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 5 Assure that no damage exists in all other electrical components (mechanical reversing contactors, control transformers, space heatei, 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 geat train and chain tightness where applicable Coat chain gears with the proper lubrication 9 Check foi grease leakage 10 Remove grease plug and snake grease sampling check foi 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 levee to the manual position to ensure propel 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 13 Geared limit switch and torque switch function C Powei voltage and motoi current when applicable D Abnormal noise and vibration E MDPT run and remote position indicator motion 15 External visual inspection A Secure tightness of all external fastners B 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 foi wear, corrosion and lubrication 2 Valve shall be cleaned and lubricated 3 Stem protector shall be inspected to ensure water tightness 10 L Icaldjm\Agreeinents\R&B Automation Inc FY 20 21 doc in NPS 2.2 (2/26/20) 4 All fasteners for attaching motor operator to valve shall be inspected for tightness 5 Valve stem packing shall be inspected for leakage and adjust if necessary 6 If packing does not stop leaking, new stein packing will need to be installed Class B $336 00 Pei P M Service/ Per MOV In addition to Class A procedures, the following service is to be carried out C 1 Remove geared lnnit 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 rnotoi pinion, motor pinion key, worm shaft gear and worm shaft clutch 4 Remove declutch lever, 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 $600 00 Per P M Service/ Pet MOV In addition to Class A and Class 13 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 will be returned and reinstalled on the valve All original settings will be reset CUSTOMER RESPONSIBILITIES TO R&B'S AUTOMATED VALVE SERVICES 1 Provide a safe work environment fat 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 occui In the event of emergency service of the MOV by the customer in which the "geai 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 11 L Ica\djm\Agrcemcnts\R&B Automation Inc FY 20 21 doc_in NPS 2.2 (2126120) 7 Provide necessary means to access motor operator {t e scaffolding, lifts, etc ) 8 Provide proper wiring conduit and conduit seals to N E C code SERVICES OUTSIDE THE SCOPE OF AGREEMENT Additional services required outside the scope of this agreement will be done at the rate of $240 00 per man/ per hout plus 81 00 pet mile portal to portal Monday thru Friday, 8 OOam to 5 OOpm Travel will be $1.20 00 per man, plus 81 00 pet mile portal to portal Monday thru Friday, 8 00am to 5 OOpm SPARE & REPLACEMENT PARTS Spare and/cm replacement parts are the responsibility of the company receiving the P M service SCHEDULING & ADMINISTRATION Administration and processing of this agreement will be done by the R&B Automation, Inc `s P M Service Group All service dates, with the exception of emergency corrective maintenance, will be scheduled at least one (1) week in advance This Systems Support Agreement may be canceled at any time by either party upon 90 day written notice 12 L Ica\djm'Agreements\R&B Automation Inc i Y 20 21 docjn NPS 2.2 (2/26/20) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employe', except the State, shall secure the payment of compensation in one 01 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, eithei as an individual employee, or as one employee 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 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation 01 to undertake self- insurance elfinsurance in accordance with the provisions of that Code, and I will coinply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Laboi Code §1861) I affirm that at ail times, in performing the work and activities required 01 permitted under this Agreement, I shall not employ any person in any manner such that 1 become subject to the workers' compensation laws of California However, at any time, if 1 employ any person such that 1 become subject to the workers' compensation laws of California, immediately 1 shall provide the City with a certificate of consent to self -insure, 01 a certification of workers' compensation insurance I certify undei penalty of perjury undei the laws of the State of California that the information and representations made in this certificate are true and correct R&B UTOMATION INC AA- [ I* alfa Rowden, President 13 L Icald_im111grecmcntslr2&B Automatson Inc FY 20 21 doc in Date LO(1471)Z6 Bond #39K006715 Premium $1,650 NPS -2.2 (2/26120) EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and R&B Automation, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to provide annual maintenance, service, repair, material supply, and support for AUMA actuator equipment (the "Work"), which said agreement, dated July 1, 2020, and identified as R&B Automation, Inc 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 Matenal 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 one hundred ninety thousand dollars ($190,000) for matcnals furnished or labor thereon of any kmd, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on June 25th , 2020 (SEAL) R & B Au (Co By (Si r) ation, Inc (Seal and Notarial Acknowledgment of Surety) (SEAL) The Ohio Casualty Insurance Company (Surety) BY (Signature) , ica Garcia, Attorney -m -Fact Address 175 Berkeley Street Boston MA 02116 Telephone( 617) 357-9500 X41177 8 C•\Users\Mollie. RB\AppflatalLocal\Microsoft\Windows\WetCache\Content.0utiook17J9CLSX2IRB Automation Inc FY 20-21.doc ��*{ IN yGORPOR. �y rn 1. 1919 0 36,4 Seal No 4532 Notarial Seal Teresa Pastelia, Notary Public Upper MerionTwp Montgomery County My Commission Expires March 28, 2021 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. 8203482 000001 KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts and West Amencan Insurance Company is a corporation duly 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, Maria Luisa R Aguinaldo, Antonio Alvarado, Brett D Asmus, Victor A. Ballesteros, Debra Bell, Jane E Block, Shirley A. Campi, Jorge Correa, Michael J Forman, Jessica Garcia, Sandra Gaytan, Becky Gomez, Vu Ho, Jim Hume, Maricela Lares, Bnan Ngare, Jenny T Nguyen, Rajan Patel, Maria G Rodriguez Wong, Alex Sanchez, Gerald Schumacher, Michael Stein, Esmeralda Ureno, Lupe Villarreal, Steven C White, Anthony K T Yau at of the city of Orange 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 1 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 20th day of April 2020 State of PENNSYLVANIA County of MONTGOMERY ss On this 20th day of April , 2020 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 Amencan 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 authonzed officer IN WITNESS WHEREOF,1 have hereunto subscribed my name and affixed my notanal seal at King of Prussia, Pennsylvania on the day and year first above wntten Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company .044,1 By David M Carey Assistant Secretary COMMONWEALTH OF PENNSYLVANIA Member Pennsylvania Association of Notaries By eresait& Pasfella. Notary Public 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 Amencan 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 prescnbe, 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 instalments 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 prescnbe 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, 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 authorizes 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 appeanng 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 onginal power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies is In full force and effect and has not been revokedSI-1r% IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this d day of , Z OZC a rer-o N a) coa to c 0 To LIJ aE ail c b°D- Q o-0 0 CO 0 N 1E t) o aa) a, 7 O CO EN C oo o0 r oto r INS -12873 LMIC OCIC WAIC Multi Co 12119 By Renee C. Llewellyn Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ,�r.,ar„car.,oic<;As�srvsrY,gra.�.s�:rr..a-:rJ,,::r.,czr„�-:tY,�cxp:r . .,cxrr..cryragra::�w�:rrvt..c;rr.�.,�cacn,P:r-,c:r.,�cra:r.,�:r.,rr,.c�:rx�rs�r 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 Orange On (,f' Ig. g. S ii9Qo before me Antonio Alvarado Notary Public Date personally appeared Jessica Garcia Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*whose namo(c)Gs3are subscribed to the within instrument and acknowledged to me that heJlthey executed the same in hi If /their authorized capacity(iee): and that by hisllatheir signature(s�on the instrument the person(s}; or the entity upon behalf of which the person(&) -acted, executed the Instrument ANTONIOALVARADO Notary Public - California Orange County Ccnmissior # 2221608 My Cama E'xorrec Nc-v 12 2021 sem: cenair.; 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 ha Signature OPTIONAL and official seal atriorlZ.- 217- 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 Document Number of Pages Signer(s) Other Than Named Above Document Date Capacity(les) Claimed by Signer(s) Signer's Name Jessica Garcia Signer's Name ❑ Corporate Officer — Title(s) • Corporate Officer — Title(s) ❑ Partner— ❑ Limited fl General • Individual ® Attorney in Fact ❑ Trustee Guardian or Conservator ▪ Other Partner — Limited ❑ General • Individual 0 Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing The Ohio Casualty Insurance Signer Is Representing Company �7.,.M.,esY.�aYrr.K�•esCac;K„�C-.s^t�v2'esz.�lxr.Yzise.,r:e�z^.� :Y.c�:rt�vzcsrcv�ecr-.tsr�* - .-,e:Yr.�r!•.ttr>?,� ©2014 National Notary Association www NationalNotary.org 1 -800 -US NOTARY (1-800 876 6827) Item #5907 LMS -14267 12/14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 CAL! ORNIA , COUNTY OF Ye.SAck,trss On , - _r1 before me, �p , Notary Public personally appeared • M cI [ i^Ck Ct• Q-..J‘F‘ �. who proved to me on the basis of satisfactory evidence to be the pe son$) whose name() is/re subscribed to the within instrument and acknowledged to me that IafIshe/tg4y executed the same in /her/theit'authorized capacity(}, and that by{s/her/thy signature) on the instrument the person), or the entity upon behalf of which the person(p) acted, executed the instrument certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct SHUBHANGI R ZUMALE WITNESS my hand and official seal .± Commission No 2206838 z n NOTARY PUBLIC•CAUFORNIA H \ J REVERSiDE COUNTY My Comm Expires AUGUST 20 2071 (Seal) Signature U z OPTIONAL Though the information below is not required by law, it may prove valuable to persons .. relying on the document and could prevent fraudulent removal and reattachment of this form to another document DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document1p Cr( ,k / 13,, A Document Date 0 61 24 l2 WZ-D , Number of Pages .._-- '2_ Tr , Signer(s) other than named above CAPACITY(IES) CLAIMED BY SIGNER(S) O INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) 0 LIMITED ❑ GENERAL ❑ ATTORNEY -IN FACT 0 TRUSTEE(S) ❑ GUARDIAN OR CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING Right Thumbprint Of Signer Top of thumb here 0 INDIVIDUAL 0 CORPORATE OFFICER(S) Right Thumbprint of Signer TITLE(S) Top of thumb here ❑ PARTNER(S)- 0 LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN OR CONSERVATOR ❑ OTHER