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HomeMy WebLinkAboutContracts & Agreements_113A-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision annual maintenance, service, repair, material supply, and support for AUMA actuator equipment ("Agreement") is made and entered in this 21st day of June, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and R&B Automation, Inc. ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to perform annual maintenance, service, repair, material supply, and support for AUMA actuator equipment services for City (the "Services"). 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 this reference. 12 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 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373. 22 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6. 23 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. 24 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1 L:\ca\djrn\Agreements\R&B Automation Inc Agreement.NPS-2.2.FY21-0126.docjn 1776 regarding payroll records maintenance, certifications, retention and inspection. 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.6 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. 2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, 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 reasonably assist Contractor in performing the Services. 3.2 City designates John R. Harris, Municipal Utilities and 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 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference. 4.2 The term of this Agreement shall be for a period of one (1) year and will begin on July 1, 2022 (the "Initial Term"). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of this Agreement. 4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. 2 L:\ca\djm\Agreements\R&B Automation Inc Agreement.NPS-2.2.FY21-0126.doc.jn ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 The compensation for Contractor's performance of the Services shall not exceed the amount of one hundred thirty five thousand dollars ($135,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of one hundred thirty five thousand dollars ($135,000) for the first Extended Term; and one hundred thirty five thousand dollars ($135,000) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of four hundred five thousand dollars ($405,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "C," titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference. 52 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 53 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 or electronic mail transmission (including PDF), 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 Cleric City of Redlands 35 Cajon Street P.O. 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@r-bautmation.coml (951) 693-0170 (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 3 L:\ca\djm\Agreements\R&B Automation Inc Agreement.NPS-2.2.FY21-0126.doejjn shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self -insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. 62 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and 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. 72 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: approve a rate, rule or regulation, or adopt or enforce a City law; issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; 4 L:\ca\djm\Agreements \R&B Automation Inc Agreement.NPS-2.2.PY21-0126.doc.jn (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. 73 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. 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 5 L:\ca\djm\Agreements\R&B Automation Inc Agreement.NPS-2.2.FY21-0126.doc.jn 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 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, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement. TY OF R AND — R&B OMAT/ION, C By: �'� """ By: Paul T. Barich, Mayor Amalia Rowden, President ATTEST: ne Donaldson, City Clerk 6 L:\ca\djm\Agreements\R&B Automation Inc Agreement.NPS-2.2.PY21-0126.doc,jn 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 City facilities. 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 R&B Automation, 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 the City. 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 theR&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:\ca\djm\Agreements\R&B Automation Inc Agreement.NPS-2.2.FY21-0126.doc.jn Bond »39K007551 Premium: S1.238 EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and R&B Automation (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to service, repair, material supply and support for Auma actuator equipment (the "Work"), which said agreement, dated May 17, 2022, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one hundred and thirty five thousand dollars ($ 135.000) 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 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 Juiy 20th (SEAL) R & 13 A Wrniialian. Inc. (Contractor) `( 8 1 ) C: • 't'C� ••' t' v•a. — ...� - �: m - A. -13 — • (r aD ▪ •4' 0. -Li k ( y , 2022. fr ('S• n i Acknowledgment of ,,,,,i,:r,.t rk.t¢) ' • • :21t �,, ,' 4, f'r•, i , r Notary oeary Public - California 1'� . • • ,�{x �•y�� . r,• Al��Alameda County Y nlY Y {; Commission r 2232051 •cL or) . • MY Comm. Expiret Aug 2, Z022 8 ❑ •\42Adjmlpg]eementot&l3 Automation Inc Agreement.NPS-2.2.FY21-0126.doc.jn • r. -6; 0 6.. 0 .- (SEAL) The Ohio Casualty Insurance Compall (Surety) BY: (Signature) Mohsen Khan Address: 175 Berkeley Street Boston, MA 02116 Telephone(619 ) 844-6866 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: 8208344-987411 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; Chris Tracy; Mohsen Khan; Richard Michael Lemon 11; Teresa Dawn Graves all of the city of Rancho Cordova 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 20th day of July , 2022 . By: Stale of PENNSYLVANIA County of MONTGOMERY ss On this 20th day of July , 2022 before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casually 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 authored officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Commonwealth of Pennsylvania - Notary Seal Teresa Paslella, Notary Public Monlyomery County My commission expires March 28 2025 Commission number 1126544 We114N4, NVltylvarn Amos I5 a crnotwwm By: David M. Carey, Assistant Secretary 1p444,j Ltd& eresa Paslella, Nolary 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 10 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 lherelo 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 lime 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 attomeys-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 20 day of July , 2022 . Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 CLEAR 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 �r �- n ) County of � , Ji C.W � ) On O'' 1 12,)----- before me, r`i ►"�g'`+ " { �d f� 1 Date Here Insert Name an itWe of the fiver i 4 MA L r.A . ILO (A) enf Name(s) of Signer(s) Personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name a -SGk cribed to the within in trument and a owle ged to me that she/ exec ted the same in sjher/ eirauthorized capacity ' ),andthatby /her eirsignature nthe ins rumenttheperson (e', or the entity upon behalf of which ie ererso acted, executed the instrument. P �1 SAKT0514 KAV,NKi Notary public - Caliiernle Riverside County Commission 4 2370076 x�257 My Comm, Expires nag 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 Signature Place Notary Seal Above .... OPTIONAL -------- 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 M'°-r Cis=arc— f D 1J (% Title or Type of Document Document Date er o - Signer(s) OtherThan Named Above Capacity(ies) Claime• :. Signer(s) Signer's Name Corporate Officer—Title(s) Partner Limited ❑ Ge Individual ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator 0 Other Signer's Name ❑ Corporate Officer—Title(s) ❑ Partner ❑ Limited ]General Individual © Attorney in Fact []Trustee ® Guardian or Conservator Signer Is Representing Signer Is Representing ©2014NationaI Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907 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 * Limit Switch Assemblies * Valve Positioners * Position Transmitters * Solenoid Valves * Floorstands * Misc. Shop Services Shop Labor $125.00 per tech/per hour Field Service Rate & Travel Rate (Hour 1 thru 8) $240.00 per tech/per hour Overtime Rate (Hour 8+ thru 12) $280.00 per tech/per hour Extended Overtime Rate (Hour 12+) $280.00 per tech/per hour Weekend (Sat. or Sun.)/Holiday $320.00 per tech/per hour Unscheduled Emergency Rate $320.00 per tech/per hour Mileage Portal to Portal $1.00 per mile Per Diem $67.00 per tech Lodging/H.otels $162.00 per tech Annual Maintenance Bond/Performance Bond Bill at Cost Rental Cars Bill at Cost Airfare Bill at Cost Tolls & Parking 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. EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every erp yer 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 §1.861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. R&B AUTOMATION, INC By: Amalia Rowden, President 10 L:\ca\djm\Agreements \R&B Automation Inc Agreement.NPS-2.2.FY21-0126.doc.jn Date: 1 }5 )ZZZ-