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HomeMy WebLinkAboutContracts & Agreements_86-2021AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of motor operated valves services ("Agreement") is made and entered in this 1st day of June, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation and general law city ("City") and R&B Automation, Inc ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1-- ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to perform annual maintenance, service, repair, material supply and support for the City's motor operated valves services (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, Cahfornia 92373 2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholdmg payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 2 4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 1 L Icaldjm\Agreements\R&B Automation Inc Agreement.FY20 0107 doc.jn 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 undei 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, goods 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 John R Hams, Municipal Utilities & Engineering Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," 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 commence on July 1, 2021 and terminate on June 30, 2022, unless terminated earlier as provided for herein 4 3 Contractor shall furnish a labor and material bond m 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 one hundred twenty five thousand dollars ($125,000) City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled "Price and Fees," which is attached hereto and incorporated herein by reference 2 L'1ca\djm\Agreements\R&B Automation Inc Agreement.rY20 0107 doc jn 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, (u) 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 Phone (909) 798-7531 Fax (909) 798-7535 CONTRACTOR. Amalia Rowden, President R&B Automation, Inc. 42108 Zero Drive Temecula, Ca 92590 mollie@r-bautmation coral Phone 951-693-0170 Fax 951-693-0190 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 earner 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 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 3 L IcaldimlAgreements\R&B Automation Inc Agreement.FY20 0107 doc in C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A. Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (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 lealdjm\Agreements\R&B Automation Inc Agreement.FY20 0107 doc jn 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 Icaldjm\Agrecments\R&B Automation Inc Agreement.FY20 0107 doc.jn herein, and any prior negotiations, written proposals or vetbal 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 Contractot have signed in confirmation of this Agreement R&B AUTOMATION, INC ,6'� By By al i Paul T Barich, Mayor maim. Rowden, President ATTEST nne Donaldson, City Clerk 6 L 1ca\dpn\Agreements\R&B Automation Inc Agreement.1Y20 0107 docjn 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 Routine preventive services will be performed during normal working hours which are defined as Monday thru Friday, 7 OOam to 4 OOpm excluding nationally observed holidays Emergency demand corrective maintenance is available upon request When a routine service call is to be scheduled during normal working hours, a one -week notice will be given to us, if possible R&B Automation, Inc will perform preventive maintenance service to each motor operated valve at the referenced facility at an interval of once per year The cost for each P.M service would be a unit cost per MOV Any added parts needed will be an additional cost Travel and mileage will apply Lodging and per diem if applicable 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 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 R&B rate schedule plus parts 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 common hand tools without removal of the motor or motor operator from the valve Exceptions would be made when the actuator has been abused, operated in a manner inconsistent with the instruction manuals or when the unit has been subjected to extreme force In these cases, billing will be at the R&B rate schedule pricing. R&B Automation, Inc. will maintain and stock the necessary parts required to service the MOV's, however, spare and replacement parts are the responsibility or the customer Additionally, R&B Automation, Inc will track and report all incidents and the effects which cause failure of non-performance of the motor operated valve We will then utilize this information to make recommendations to improve performance and reliability of the system 7 L 1caldjm\Agreements\R&B Automation Inc Agreement.FY20 0107 doc in EXHIBIT "C" "PRICE AND FEES" 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 Every Year Every 3-5 years or whenever deemed necessary from results of Class A service C Every 7-10 years or whenever deemed necessary from results of Class A & B service Location On the MOV unit without removing from the valve On the MOV unit without removing from the valve Remove operator from the valve and bring into R&B Automation, Inc 's shop A . Class $252.00 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 operator's incoming cables with 500 VDC mega tester, 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 operatoi only 9 L IcaldjmlAgreements\R&B Automation inc Agrcomcnt.FY20 0107 doc.jn If the unacceptable reading still exists, proceed to mega test for each control component separately 2 Check the geared limit switch rotor, terminal base and contacts Clean contacts with the proper cleaner 3 Check torque switch contacts, arm rotating movement, terminals and set screw tightness Clean contacts with the proper cleaner 4 Check pushbutton function and indicating lights where provided 5 Assure that no damage exists in all other electrical components (mechanical reversing contactors, control transformers, space heater, etc ) 6 Make sure that all wiring connections are inserted correctly in the terminal block 7 Secure tightness of all fasteners including terminal screws 8 Check MDPI gear train and chain tightness where applicable Coat chain gears with the proper lubrication 9 Check foi grease leakage 10 Remove grease plug and make grease sampling check for contamination and degradation 11 Remove valve stem covet if applicable and check lock nut tightness Clean valve stem and coat stem surface with a proper lubricant 12 Check the declutching function by shifting the declutch lever to the manual position to ensure proper handwheel operation Electrically operate the actuator to assure declutching mechanisms are functioning properly 13 Tropicalize control compartments and electrical components 14 Operate the valve thru one full cycle by motor run and take the following data A Operating time B Geared limit switch and torque switch function C Power voltage and motor current when applicable D Abnormal noise and vibration E MDPI run and remote position indicator motion 15 External visual inspection A Secure tightness of all external 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 for wear, corrosion and lubrication 2 Valve shall be cleaned and lubricated 3 Stem protector shall be inspected to ensure watei tightness 10 L 1ca\djm\Agreements\R&B Automation Inc Agrcoment.FY20 0107 doe)n 4 All fasteners for attaching motor operator to valve shall be inspected for tightness 5. Valve stem packing shall be inspected foi leakage and adjust if necessary 6 If packing does not stop leaking, new stem packing will need to be installed. In addition to Class A procedures, the following service is to be carried out 1 Remove geared limit switch assembly and check drive pinion Class . $336 00 Per P M Service/ Per MOV 2 Remove torque switch assembly and check out tripper arm, actuating arms and pinion gears for smooth operation 3 Remove motor and check motor pinion, motor pmion 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 C Class $600.00 Per P M Service/ Per MOV In addition to Class A and Class B procedures, Class C requires that the electric motor operator is removed from valve and taken to R&B Automation, Inc 's maintenance shop After a complete overhaul, including a careful inspection of the declutch mechanism, the operator will be returned and reinstalled on the valve All original settings will be reset CUSTOMER RESPONSIBILITIES TO R&B'S AUTOMATED VALVE SERVICES I Provide a safe work environment for field service personnel 2 Provide R&B Automation, Inc with plant safety manuals and MSDS where applicable 3 Provide R&B Automation, Inc with a valid list of motor operators in the area to be serviced 4 Provide R&B Automation, Inc with scheduled access to jobsite. 5 Give R&B Automation, Inc 24-hour notice if schedule is changed 6 Advice R&B Automation, Inc of motor operator failures of malfunctions as they occur In the event of emergency service of the MOV by the customer in which the "gear seal" is broken, all electrical compartment covers must be tightened securely and R & B Automation, Inc 's personnel must be advised within 24-hours of the event 11 L IcaldjmIAgreements \R&D Automation Inc Agreement.FY20 0107 doc jn 7 Provide necessary means to access motor operator (i e scaffolding, lifts, etc ) 8 Provide proper wiring conduit and conduit seals to N E C code SERVICES OUTSIDE THE SCOPE OF AGREEMENT Additional services required outside the scope of this agreement will be done at the rate of $240 00 pet man/ per hour plus $1 00 per mile portal to portal Monday thru Friday, 8 00am to 5 00pm, Travel will be $120 00 per man, plus $1 00 per mile portal to portal Monday thru Friday, 8 00am to 5 00pm SPARE & REPLACEMENT PARTS Spare and/or 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 1ca\djm\Agroemants\R&B Automation Inc Agreement.FY20 0107 doc,m Airfare... Tolls & Parking FIELD INSTALLATION, SERVICE, & REPAIR * Electric/Hyraulic/Peumatic Actuators * Gear. Operators * Servicing of Valves * Fabricate/Modify of Extensions * Fabricate/Modify of Lube Lines and Body Bleed Lines * Fabrication of adapters & Assemblies Shop Labor... Field Service Rate & Travel Rate (Hour 1 thru 8) Overtime Rate (Hour 8+ thru 12) Extended Overtime Rate (Hour 12+) Weekend (Sat. or Sun )/Holiday Unscheduled Emergency Rate Mileage Portal to Portal Per Diem Lodging/Hotels. * Limit Switch Assemblies * Valve Positioners * Position Transmitters * Solenoid Valves * Floorstands * Misc Shop Services $125 00 per tech/per hour $240.00 per tech/per hour $280 00 per tech/per hour $280.00 per tech/per hour $320.00 per tech/per hour $320.00 per tech/per hour $100 per mile $67 00 per tech $162 00 per tech Annual Maintenance Bond/Performance Bond Bill at Cost Rental Cars. .. Bill at Cost Bill at Cost Bill at Cost Note 1. 4 Hour Minimum Billing for All Field Service & Shop Repair Services 2. Overtime is designated as any time after 8 consecutive hours 3 Extended is designated as any time after 10 consecutive hours 4 Per Diem will be billed for anything more than 100 miles, 5. All Rates are based upon Portal -to -Portal time frames 6 Unscheduled Emergency Rate is any time after R&B has worked an 8-hour day 13 L 1ca\djm\Agreements\R&B Automation Inc Agreement.FY20 0107 doc.jn EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one of more of the following ways (a) By being insured against liability to pay compensation by one of 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 employe' in a group of employers. which may be given upon furnishing proof satisfactory to the Director of lndustiial 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 Laboi 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 1 become subject to the woikers' compensation laws of California However, at any time, if I employ any person such that 1 become subject to the woikers' 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 unde' 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 AUTOMATION, INC By • 14 L \ca\ddm\Agreements\R&B Automation Inc Agreement.FY20 0107 doc.jn Liberty Mutual SURETY To be attached to and form a part of Bond No. 39KOO6718 Cross Ref Bond No BOND RIDER Type of Bond. Labor & Material Payment Bond Dated effective: July 1, 2021 Executed by• R & B Automation Inc , as Principal, And by• The Ohio Casualty Insurance Company , as Surety, In favor of Helix Water District In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to Changing: The term of the bond From July 1, 2020 to June 30, 2021 To July 1, 2021 to June 30, 2023 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective: July 1, 2021 a Signed and Sealed on. LPI2q )2oa Principal Name: R &automation By Surety Name: The Ohio Casualty Insurance Company By Agency me: Strachota Insurance Agency Agency Address 27710 Jefferson Ave Suite 100, Temecula, CA, 92590 LMS-10443e 08/08 Liberty Mutual Surety Claims P 0 Box 34526, Seattle WA 98124 Phone. 206-473-6210 Fax: 866-548-6837 Email: HOSCL@libertymuival.com www.LiberlyMulualSuretyClaims.com 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 Ve--)1151te ) On b 21) 2-1 before me, ,S.L1 fk1r z iJ� �, b �� c Date/Here Insert Name and Title of the Officer personally appeared v1/ Li CA ,pp Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name()&are subscribed to the within instrument and acknowled•ed to me that he sh they executed the same in his/their authorized capacity(A, and that by hi r their signature') on the instrument the person(), or t e entity upon behalf of which the person() acte•, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct SHUBHANGI R ZUMALE COMM # 2206838 NOTARY PUBLIC CALIFORNIA RIVERSIDE COUNTY My Comm. Expires AUGUST 20, 2021 Place Notary Seal Above WITNESS my hand and official seal 9. Signature OPTIONAL Signature of Notary 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 Document Date t�- f V- 7 Signer(s) Other Than Named At5ove Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer — Title(s) El Partner — is 1 Limited ❑ General [_ 1 Individual `1 Attorney in Fact El Trustee El Guardian or Conservator Other Signer Is Representing Number of Pages Signer's Name Corporate Officer — Title(s) ❑ Partner — E Limited =i General ❑ Individual Attorney in Fact ❑ Trustee L. _ Guardian or Conservator ❑ Other Signer Is Representing �1 �� ,;��;� �c;.;c;c�c�;c-cez��r.�c,�c�-c�c,z::�;Q.�,�r;��c�c�u? z�;�;�Y=cus?-c,z-�;�>� {.<,�•,>�=c�>u;Q=�>�,. ��cz;�-cc.ez:;o� z,� ©2016 National Notary Association www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 Certificate No. 8205112-985809 POWER OF ATTORNEY 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 authority herein set forth, does hereby name, constitute and appoint, Angelica Barnett; Robert flernme all of the city of Temecula 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 29th day of March 2021 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company State of PENNSYLVANIA County of MONTGOMERY Ss On this 29th day of March 2021 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 David M. Carey Assistant Secretary 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 Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylvania Association of Notaries By. LtaL, eresa Paslella. 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 attorney shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or 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 authorized 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 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 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 Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 21 day of U. h e 2.02 1 By. Renee C. Llewellyn, Assistant Secretary E CO i, U a E mm a)� aco N @ EE O e) Q O O� L d' 0)CNI 0 OCV o' 0 -0 CO c -0 U 0 a) �co oI) �ci LMS-12873 LMIC OCIC WAIC Multi Co 02/21 c(214_. 0,45Loked ?).6Nr RIctur-- 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 On V‘ .ofS Date personally appeared before me s p\. oven o , at ,c)+ pu\oVC, Here Insert Name andle of the Officer vykiz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(`) whose name the within instrument and acknowledged to me that e hk/tl%y executed the same i capacity( and that by 9/(/thir signature( on e instrument the person( or t which the person acted, executed the instrumen SASHA M. DALGARNO Notary Public California Riverside County Commission # 2328102 My Comm, Expires May 11, 2024 Place Notary Seal Above re subscribed to r)thNr authorized entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han Signature OPTIONAL 1 . ohAO Si' ure of Notary 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: Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name E Corporate Officer — Title(s): n Partner — Ell Individual U Trustee Other Limited General Attorney in Fact Guardian or Conservator Signer Is Representing Signer's Name Corporate Officer — Title(s) Partner— U Limited General Individual [ Attorney in Fact LI Trustee E Guardian or Conservator Other Signer Is Representing :'ii'-:Ct.L-`.i' `4 .tGY`SYSi.'risa .. i``'S'As%•✓_ '.Crfi g.8?% f'iS?':u(.:.47 5itY>;:C. `t x".{J.rC :.%� 5:S, ' ..',K 0isZe. .,K."5?s'"'C-X,:i< `.r >A1::Q.0,15<%/ ©2014 National Notary Association www NationalNotary org 1-800-US NOTARY (1-800-876-6827) Item #5907 LMS-14068e 12/14 Bond #39K007195 Premium $2,875 EXHIBIT "B" LABOR AND M ATER1AL BOND Whereas, 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 annual maintenance, service, repair, material supply and support for Auma actuator equipment (the "Work"), which said agreement, dated July 1 2021, and identified as annual maintenance, service, repair material supply and support for Auma actuator equipment 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 m the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one hundred twenty five thousand dollars ($125,000) 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 (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 tune, 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 tune, alteration or addition. hi witness whereof, this instrument has been duly executed by the Principal and surety above named, on 06/29/2021 (SEAL) The Ohio Casu lity-hrsu nce Company (Surety) BY (Sig ) Robert Hemme Address 175 Berkeley Street Boston, MA 02116 (Seal and Notarial Acknowledgment of Telephone( 619) 844-6866 8 L:\ca\djm\Agreements\R&B Automation Inc AgreemenLFY20-0107.do .jn Attorney in -Fact Seal No. 4532 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 Certificate No: 8205112-985809 POWER OF ATTORNEY 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 authority herein set forth, does hereby name, constitute and appoint, Angelica Barnett; Robert T-Iemme all of the city of Temecula 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 29th day of March 2021 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company State of PENNSYLVANIA County of MONTGOMERY ss On this 29th day of March 2021 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 David M. Carey Assistant Secretary 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 Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylvania Association of Notaries By. Ltd,6, Teresa Pastella, Notary 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 attorney shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or 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 authorized 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 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 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 Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 1 day of �`Q 20 2j By. Renee C. Llewellyn, Assistant Secretary tnE a) o •Ccr U cE •O� C6 Q) of oO a 00 Q o c3 0 aD 0 N L , 0cp -0(0 C cow "0 0 0 _0 0) 0 t0 og2 Lt_ ,s LMS-12873 LMIC OCIC WAIC Multi Co 02/21 \-\-cVNed2 E 4\;bc "3,( CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT n=\-a ._. S5'• ,-: �.�,�%-�^<� sr�,r_.;3�a�3: . � . :�:.<_'i,::z:'n.a���i: t^ 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 On Date personally appeared AIL/ • S before me, Vetk \o..r © GZ- V\6 r Here Insert Name and Vile of the Officer 1 1 C Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose namA)(/ar� subscribed to the within instrument and knowledged to me that(l-Ds'R�e/thy executed the same inahc/thAc authorized capacity(' s) and that by Wi/tl it signature on the instrument the person) or the entity upon behalf of which the person acted, execu ed he instrumen SASMA M.DALGARNO Notary Public California Riverside County Commission M 2328102 My Comm. Expires May 11 2024 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL ya-ofure of Notary 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 Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer — Title(s): E L_ Partner — Individual Trustee Other Limited E C General Attorney in Fact El Guardian or Conservator Signer Is Representing Document Date Signer's Name Corporate Officer — Title(s) C LI Partner — Individual Trustee Other Limited General Attorney in Fact —1 Guardian or Conservator Signer Is Representing .:.,^R t rC r r - , 2 ro-T:� r ?:r , C 5 n r5 <.st 5- { S a(` 1S .r' 2 •o ': o .. " 'G c r < ' s ©2014 National Notary Association www NationalNotary org 1-800-US NOTARY (1-800-876-6827) Item #5907 LMS-14068e 12/14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1 189 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 I On g{ 3 2-0 21 before me SLAA � ( ,Z-i1��r✓ld-( E) �l IC Date Here Insert Name and Title of he Officer personally appeared vvk exiA RA) WAY may\ ) Name(s) of Sigf er(s) who proved to me on the basis of satisfactory evidence to be the person) whose name re sibscribed to the within instrument and acknowledged to me that he /they executed the same in Yher/their authorized capacity(bas) and that by his/their signatureA on the instrument the person(, or the entity upon behalf of which the person) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct „,. SHUBHANGI R. ZUMALE ;fir— COMM # 2206838 : 16 k. NOTARY PUBLIC-CALIFORNIA p, RIVERSIDE COUNTY My Comm. Expires AUGUST 20 2021 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signature of Notary 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 Document Date Z {)or A-1) A-101,64 Number of Pages 2 • Signer(s) Other Than Nam-d Above Capacity(ies) Claimed by Signer(s) Signer's Name El Corporate Officer — Title(s) El Partner — Limited 0 General 11 Individual `i Attorney in Fact 1 Trustee ❑ Guardian or Conservator Other Signer Is Representing Signer's Name n Corporate Officer — Title(s) Partner — Limited General Li Individual Attorney in Fact Trustee ;_::. Guardian or Conservator Li Other Signer Is Representing ., i:..C:C-G`�-[.:<R,r�., ✓�c:r�u�;u•= - � v �%�Y <;�.�,;z�� :.: ;-_;;,uc -r_<v - �uc r�7� �_ v'��C;'--L�,:`{�..�U�L•.%C.`r-%..Z!G�Z'l'� v_ ' -`L-.: . � ,. .:U.. �`CC<.. t. - - ✓, --C:.' ,. �C:._ -_ ©2016 National Notary Association www NationalNotary org 1-800-US NOTARY (1-800-876-6827) Item #5907