HomeMy WebLinkAboutContracts & Agreements_17-2024NPS-2.2 (2/22)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of Wastewater Control Building Remodel Project
("Agreement") is made and entered in this 6th day of February, 2024 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and R&J Construction LLC, a
California limited liability company ("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:
1.1
ARTICLE 1— ENGAGEMENT OF CONTRACTOR
City hereby engages Contractor to perform Wastewater Control Building Remodel Project
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.
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 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.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.3 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.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
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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 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 the Effective Date of this Agreement. Contractor shall
perfoini 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 by this
reference.
4.2 Contractor shall complete the Services by March 29, 2024, unless the Services are earlier
terminated as permitted herein.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B,"
which is attached hereto and incorporated herein by this 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 Seventy Thousand Dollars ($70,000). 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 Fee Bid," which is attached hereto and incorporated herein by reference.
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5.2 Contractor shall submit an invoice to City upon completion of the Services. City shall pay
Contractor no later than thirty (30) days after receipt and approval by City of Contractor's
invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile 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 Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
CONTRACTOR
Ruben Sierra, Owner
R&J Construction LLC
P.O. Box 556
Mentone, CA, 92359
rsierra56@icloud.com
(909) 435-5903
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws of
the State of California. Contractor shall execute and provide City with Exhibit "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
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.
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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 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.
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, Statement of
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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.
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NPS-2.2 (2/22)
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.
CITY OF ' DLXNDS R&J Construction L
By:
Eddie Tejeda, Mayor
ATTEST:
e Donaldson, City Clerk
6
By:
Ruben Sierra, Owner
I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms
NPSJ2.2 (2/22)
EXHIBIT "A"
SCOPE OF SERVICES
Scope of Service
The City of Redlands Municipal Utilities and Engineering Department engages R&J Construction LLC for the remodel
of the wastewater operations control room. The project is to adhere to the City's provided design. Any necessary
adjustments due to unforeseen Issues will be directed by City staff. Project completion should align with the
anticipated expenses and tasks outlined in the City's design plan.
The total work area of 1000 sq. ft.
Site Prep/Demo:
Before commencing construction, special emphasis will be placed on protecting all office furniture and city
belongings by covering them with plastic sheaths. Additionally, plastic dust barriers will be installed to minimize and
control construction dust.
Framing:
Rough framing will adhere to the layout and design plans provided by the City, with all measurements and
dimensions derived from these plans. The framing will be installed in accordance with the plans to create new walls
for the kitchen/breakroom spaces.
Rough Electrical/ IT:
Runs will be brought down from above the T-Bar grid to supply city -standard outlets on each wall. Additionally, a
drywall box for fiber cable will be installed in an area designated by the city. This includes switches for LED lights, and
all electrical installations will adhere to City plans.
T-Bar Grid:
The grid will be painted and refurbished for reuse, restoring its appearance to a like -new condition. Subsequent tile
installation will follow, using tiles specified by material number and information discussed during the job walk.
Alternatively, questions can be submitted within the deadline for clarification. The final decision on the T-bar grid
tiles' material will be made during installation, ensuring alignment with the budget scope of the project.
Drywall Hanging and Finish:
Drywall will be hung to cover all walls and ceilings, followed by skimming and level 4 finishing with multiple coats and
mud applications. The work will be executed to match the existing wall finish.
Desk:
The project includes the supply and installation of designated desks, with one custom-made 'ELITE AIR 24/7 Control
Room Console' provided by FountainHead ControlRooms. These desks, serving as the primary controls for the shop,
are sole source products exclusively sold and distributed by Fountainhead Control Rooms, Inc., as specified in the
plans and/or by City staff.
Countertops:
Countertops, crafted from butcher block, will be installed in areas designated by plans or city staff. Four walls will
feature countertops, ensuring a consistent style throughout the workstations.
Flooring:
LVT flooring will be supplied and installed. Work hours will be adjusted to coincide with minimal staff presence for
the relocation of desks and furniture.
Painting:
All paint will be applied to the walls of each suite, including those in new construction. The City will select and
provide the paint. Multiple coats will be applied to achieve a Level 4 paint finish.
Shall & Must Follow
The contractor shall not interfere with the SCADA system operations and staff work at any time during construction.
The contractor shall coordinate with the City of Redlands IT Department and TESCO, the city's integrator, to facilitate
the relocation of (2) two SCADA computers to the new control desk.
The contractor shall coordinate with the City of Redlands IT Department to facilitate the removal and relocation of
the existing 42-inch monitor to the South wall.
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I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms
Bond No. GFB7450093
�� ,,,.
T'T` �:B
4ABQR:AND,Iv1ATERIAL B ATD
NPS l.2.42132)!
Whereas,. the City.oiliedlaiid`s, State of Californ a,, and, t$i7;Constnictio�i,LLC_(Iigreinaftet'dOigriat d
as'"Principal") have;entered;into an agreeitent'(thea"greement") wherebytPrincipal agreesto Reniodel'Project
for the' Wastewater:Control Building (tlie'=Wo%1 'j, y�l ich:said agreement, datkctfbt ar-y6 2:024, ;and tilledas
.4..Agreementto.Perform Non Jtofessio at'Servicesefor•:Improvement.to PublicBnrlda and .Grounds"• is' hereby
referredta,andmade -apar.,there.of; and.
Whereas;, under. the•terms:oftheAgreement, Principal is required before:commending the:performance
ofthe Work, tofffe a.good.andsufficrentLabor• nnd:I(%Iaterialbond with=tlie.'.CilyiofRedlands to securethe claims.
to whichreferenc'eis made;in`Tit1e:i3',(commencingwith Secti'bn 955_Q) ofP;arX-aofDivi'sion4ofthe;.CiviJ':Code
of the Slate of ,California,
Now,:therefore; said Principal and.the•undersigned as corporate surety; are -held family bound unto; the
City and all•'contractors;.•sabcontractors,, laborers, material men and:otherpersons employed•:in the performance
of the. Agreement and-sefened.lo.in•the aforesaid *Code .Of.Civit Procedure;in the' sum of Seventy Thousand
Dollars ($70;000) for iniatenals furnished or labor thereon 'of any 'kiird, or :for :amounts- due under the
tJnemploymentrrrsurance Actwithirespect tosuch work,or labor; that'said.suretywill,paythelsame.in an amount
not:exceeding. the `amount hereinabove set forth,, and al"so in case• suit its brough'upon-this lionii,.wi11 pay, in•
addition to the face amount thereof,, costs' and reasonable expenses and feesancluding,-reasonable attorneys'
fees, incurred byte City in, sucgessfully'enforcing such obligation, to be•awa"rcle i arid,fxed:byfhe court, andto.
be taxed,as cbsts2an1 to be iiiejuded:in the judgiiieiititbereirr rendered
Iris: hereby expressly stipulated' and:igreed that •this••'Bonet".sliall:insure..to ;the: benefit of any' and all
persons, companies, and corporations, entitled'to;'file elairris;;under r4.1e3 (commencing with'Section 9550)?of
Part 6 of Division 4tof ttie Civil:Code;:so ;as to. give.;a.n ght' gf achorftotem oii their'assigns in;any.suitbrought,
upon.this bond..
Should tha..eonditibn, of, ton tie ti ly, performed, ;then,thipktigaiiou sliali t?eeome:ntill and void;:
otherwise.,itsha11'be and.remain; ,full,force aiid effect,
The:suretyhereby.stpulates, and.agrees: that.iio change, extension of::time, alterati::ori,oriadditiori tb,`thee,
terms of'the Agreementsor the: specifications accompanying the•:same;shall to any manner obligations
on this'bond;, and it'does hereby waive.notice of any such change, extension of time,. alteration oriaddition..
In:witness,:wltereof; this instrument has been duly executed bythe PrincipaLand:surety abovenamed„
on February 5 ,;2t 24:
R & J CONSTRUICTION LLC.
(Contractt r)
(Signure)
(Seal and NotariatAclmowle. dgrnerit:of
(SEAL)
OLD REPUBL C SURETY C
(Surety'};
BY:
(Sign
Addr
445 S. Moorland Road, Suite 200
ames Drake, Att.ey-in-Fact
Brookfield, WI 53005
Telephone(800).. 217-1792
Clcino\Agreements\R&J•Conslruction L',LGAgizementFY23-0p144gcx=ms
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.'f _ % %
ACKNOWLE
GMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On February 5, 2024 before me, David M. Neeley, Notary Public
(insert name and title of the officer)
personally appeared Jacob Ellen
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
Signature TNJ (Seal)
DAVID M. NEELEY
Notary Public - California
Sacramento County F.
Commission # 2389312
My Comm. Expires Jan 3, 2026
REPUBLIC SCR TY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
Jacob Ellen, James Drake, David Neeley of Sacramento, CA
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -In -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney -In -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(I) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(Hi) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney 'or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect es though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 29th day of September
Ass .(ant Secrete
2022
OLD REPUBLIC SURETY COMPANY
4
President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 29th day of September 2022 personally came before me, Alan Pavlic
and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above Instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above Instrument Is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
-10414No, BetastoviLe
Notary Public
My Commission Expires: p September 28, 2026
J.P
CERTIFICATE `--fir' ,,. (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assistant secretad,'bf`ttOit'D REPIVOrSt2RETY COMPANY, a 1Mscorisin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains In full force d„has'io een:revoked ita furthermore, that the Resolutions of the board of directors set forth In the Power of
Attorney, are now in force.
•
N
31 1033 9( SEAL )• ��` ned.dnb seaalea aft City of Brookfield, WI this
° t,a, r l t ✓,/���
CRSC 22262 (3-06)
5th
day of
February
Assitn tSecrete
2024
California Contractors Ins
NPS-2.2 (2/22)
EXHIBIT "C"
Price and Fee Bid
The total work area of 1000 sq.ft.
Site Prep/Demo:
Before commencing construction, special emphasis will be placed on protecting all office furniture and city
belongings by covering them with plastic sheaths. Additionally, plastic dust barriers will be installed to minimize and
control construction dust.
Framing:
Rough framing will adhere to the layout and design plans provided by the City, with all measurements and
dimensions derived from these plans. The framing will be installed in accordance with the plans to create new walls
for the kitchen/break room spaces.
Rough Electrical/ IT:
Runs will be brought down from above the T-Bar grid to supply city -standard outlets on each wall. Additionally, a
drywall box for fiber cable will be installed in an area designated by the city. This includes switches for LED lights, and
all electrical installations will adhere to City plans.
T-Bar Grid:
The grid will be painted and refurbished for reuse, restoring Its appearance to a like -new condition. Subsequent tile
installation will follow, using tiles specified by material number and information discussed during the job walk.
Alternatively, questions can be submitted within the deadline for clarification. The final decision on the T-bar grid
tiles' material will be made during installation, ensuring alignment with the budget scope of the project.
Drywall Hanging and Finish:
Drywall will be hung to cover all walls and ceilings, followed by skimming and level 4 finishing with multiple coats and
mud applications. The work will be executed to match the existing wall finish.
Desk:
The project includes the supply and installation of designated desks, with one custom-made 'ELITE AIR 24/7 Control
Room Console' provided by FountainHead ControlRooms. These desks, serving as the primary controls for the shop,
are sole source products exclusively sold and distributed by Fountainhead Control Rooms, Inc., as specified in the
plans and/or by city staff.
Countertops:
Countertops, crafted from butcher block, will be installed in areas designated by plans or city staff. Four walls will
feature countertops, ensuring a consistent style throughout the workstations.
Flooring:
LVT flooring will be supplied and Installed. Work hours will be adjusted to coincide with minimal staff presence for
the relocation of desks and furniture.
Painting:
All paint will be applied to the walls of each suite, including those In new construction. The City will select and
provide the paint. Multiple coats will be applied to achieve a Level 4 paint finish.
Total: $64,675.00
9
I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms
NPS-2.2 (2/22)
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
R&J Construction LLC
By: �!�Date: I/ r'h J ad) --
Rub n Sierra, Owner
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I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms
NPS-2.2 (2/22)
EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and R&J Construction LLC_(hereinafter designated
as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to Remodel Project
for the Wastewater Control Building (the "Work"), which said agreement, dated February 6, 2024, 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 Seventy Thousand
Dollars ($70,000) 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 , 2024.
(SEAL) (SEAL)
(Contractor)
(Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknowledgment of Telephone( )
Surety)
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I:\cmo\Agreements \R&J Construction LLC Agreement FY23-0012.docx-ms