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HomeMy WebLinkAboutContracts & Agreements_118-2024AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of High Cube Storage Containers and Associated Groundwork Project ("Agreement") is made and entered in this 18th day of June, 2024 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Redlands Ironworks, Inc., a California corporation ("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 High Cube Storage Containers and Associated Groundwork 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. 1 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube storage) FY23-0108.doc-ms 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 (conunencing 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 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 Contractor shall complete the Services by August 30, 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 be in the amount of Sixty -Nine Thousand Six Hundred Dollars ($69,600). City shall pay Contractor in accordance with Exhibit "C" titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference. 2 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108.doc-ms 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 Manuel Gonzalez, Owner Redlands Ironworks, Inc. 31164 Ashforth Dr. Redlands, CA, 92373 kid335@live.com 909-709-9353 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. 3 I:\cmo\Agrecments\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108,doc-ms 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, 4 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108.doc-ms 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 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108.doc-ms 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 RE By: ddie Tejeda, Mayor ATTEST: Donaldson, City Clerk Redlan Ironworks, Inc. By. Manuel Gonzalez, Owner 6 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108.doc-ms EXHIBIT "A" SCOPE OF SERVICES Location: City of Redlands Wastewater Treatment Plant 1950 Nevada St. Redlands, CA 92374 Scope 1 1. Prepare and grade the ground for flat containers measuring 54 feet by 60 feet, ensuring a uniform depth of 6 inches, using a base of #3 gravel rock. 2. Delivery and placement of 8' x 9.5' x 40' three (3) high cube storage containers, light grey color, in a U shape measuring 40' x 40' inside dimension, (See Site Layout) 3. 8' x 9.5' x 40' high cube storage containers shall have 7' rollup doors in the center of the 40' length side, both sides, each container. 4. Each container shall have two (2) wind driven turbine exhaust ventilators on 4' centerline 10' from each end with water proof roof seal. 5. Wrought Iron Fence 6' tall x 40' long, 2-10' lockable swing gates in center to enclose U shape opening with powder coat finish. 6. Heat reduction coating on roof of three (3) containers. (1, G °' P1FR (r c 9 a P1./,t:L. rncr .€ lets- :Z - 10 ' S w,nT4.- b/./— 7 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108.doe-ms THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT "B" LABOR AND MATERIAL BOND This bond was issued in two (2) original counterparts Bond No. 024277621 Premium: $1,740.00 Whereas, the City of Redlands, State of California, and Redlands Ironworks, Inc. (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to High Cube Storage Containers and Associated Groundwork Project (the "Work"), which said agreement, dated June 18, 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 Sixty -Nine Thousand Six Hundred Dollars ($69,600) 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 June 13th , 2024. (SEAL) (SEAL Redlands Iron Works The 0 (Co actor) (Sure BY: ( gna re) (Seal and Notarial Acknowledgment of Surety) (Signa .a alty nsur ce Compa 11 ii e) h tfnna Roze'le- s03 trom, Attorney -in -Fact Address: 790 The City Drive South, Suite 200 Orange, CA 92868 Telephone(714) 937-1400 8 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108.doc-ms ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 06/13/2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom 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 ?�� �� Oc ._ 0 (Seal) Melissa Ann Vaccaro MELISSA ANN VACCARo COMM. #2401942 a a • ..: Notary Public -California a ORANGE COUNTY LL �� � My Comm. Expires May 12, 2026 by authority of Me following Bylaws and Authorizelrrstts>_ � n solutions are now in full farce and effect reading as tali+ as 00 4 cu 0 L. ea a Co. o 0 z u Bond No, 024277621 tits the acts of those nail ompany except In the manner Liberty Mutual Insurance Company The Ohio Casualty insurance Company West American insurance Company PQWER TT eY' LL *OWN APERSONS BY THESE PRESENTS: That The Ob o Casualty insuranca Company is a en oration duly organized under the laws of the State of New Harnpshirei that Liberty Mutual insurance Company Is a corporation duty organized'nod er the laws of the State of Masnathusetts, and West AmcMp r erican Insurance Company "s a cation duty organized under the laws of the State ofMidland (herein noituctiyely nalled the 'Companies ), pursuarn to and by eutaority herein set fertti, dnas hereby nen*, constitute and appainu Arturo: Ayala; Daniel €iuekabay: Adrian Langretl: Chelsea Ciberator Frank fidorones; R. Napp; Dwight Reilly; Shaunna Roadie Ostroviic Lien Stang: Michael D. Stang;• 'BM:gamin Wolfe _.: all oftf e C ty execute,'seat of these prey persons. €]ranee state of CA each Individually ifthere be more than one Warned. -its true and lawful attsnney tn4act to roake.. ;tcnow edge and deliver, For and on its behalf as surety and as itsa',tanddeed, any and ail undertakings, bonds, recognizanees and othersuraty obligations, in pursuance hall 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 It Wffh ESS Wi EREOF, this Power of Attorney has;heen StainsiheEetOlhts Zest day of November , 2023 , State of PENNSY LVANIA County of MONTGOMERY by an ; uthadzsd nfLcer or otkciat o rho 4 crrnpaniee:and [ttg corporate seats of the Crampnnh L etty Mutual Insurainces Company Tice Oh o Casualty Insurance Cornpaty °est American Insurance C^rnpany:_ 2 tit day of November 2023 before me personally appeared David M. Carey, who adl bony, The Ohio Casualty Company, and West American insurance Company, and that lie, as MOM b rein contained dig by ning on behalf of the corporations by himself as a duly authorized officer IN ffNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Pip 4.14%6 Pal iri icsnry-,. This Power of Attorney is matte and exec reed pursuant Insurance Company, and WeatAmerican Insurance Company whi ARTICLE :IV -OFFICERS: Section 12. Power of Attorney Any ofticer'or other official at the Corporalion authorized for that purpose in',vritng-by the Chairman or the President„ end-subtuuut in such limitation .as the ; Chairman or the President may prescribe, shall appoint such attorneys -in 4aci as ?nay be necessary to act to behalf of the Corporation tP make, execurte, seal, acknowledge and deriver as surety any and all undertakings, bonds, reccgnizances and other surety obligations, Such atierneysiin.fact, subici to the limitations set forth in „heir respective powers of attorney, shall save fuit power to bind the Corporation by their signature and execution of'any such instruments and to attach thereto the seal .Ofthe-Corporatomi When so executed, such ,natnrnnents shall be as binding as ifsigned,by the President and attested to by the Secretary. Any power nr nutimority granted to any representativeor eitomey-in•faet under the provisions of this article may be revoked at eny time by the Heard, the Chairman, Ide President or by the officer or officers granting such power Or authority, ARTICLE XIII- Execution of Contracts: Section 5< Surely 9cnds and Undertakings, Any officer of the Companyeulhorized for that purpose in writing by the chairman or the president, arc subject 10 Such limitations as the chairman.or the president may prescribe, shall appoint such attorneys In fact. as May be necessary to ac in behalf of the Company to make, execute; Seal, acknowledge end delid'er es surety any andail undertakings] .. bonds, recognizances and Other surety obligations. Such attorneys-in-facttsubjecl to the limitations set !minim their respective powers of attorney, shalt have full power to bind the Company by their signature and execution of any. such instbirneriis and to attach'thereto the seal of the Company, When,so executed push instrur ents chart be as binding as if signed by the president and altesled by the secretary.: Certificate of Designation - The President of the Company, acting pu suant to the Bylaws of (he Company: authorizes paved M< Garey, Assistant Secretary to aopeintsuch attornnys.In . Tact asmay be,aecessary.to act on behalf Of the Company to make; execute, seat, acknowledge and deliver as surely any and etj undertakings, bands rePugniiances and other surety • obtlgetions Authorization - ay unanimous consent of the Com•pany's Board of ters, the Company nsents that tucsimt(e or mebhanicclty reproduced signature of any assistant secretary :of. the Company, •wherever. appearing upon a certified copy of any power of attorney issued by the Company fiW eonnectron with surety bonds, shall be yew and binding upon` tits Company with the same force and effect as though manually afkmed. I, Renee 0, Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Pfiutudl Insurance Company, and West American tnsuranee Company do inerehy certify that the original power of attorney of Mitch the fordg.Oiflg _ _ full true __ Ceded copy _t the Power _f .., Companies, , full force „. t and has notbesit revoked. tt TESTIMONY W.KttEOF,1 baVe hereof trl t my nand anti affix t the seals of said Companies (fits 13 th day:Of June 2024 ey, Assistant Secretary d iitmseIf to bit the Assistant Secretary of Lit nod so too, outs the foregoing Insinn P ieeitng, Pennsyl Lund ty'Mutual insurance: era for the purposes C, Lteweliyn. Assistant Secretory Iberty. Mutua CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of california } County of san bernardino } On J(,r,e (774 / ?.0,2H before me, K,+i r1/1,G14 4ALI(, *GIG/it trier° insert name ana title of the o personally appeared /} wute./ 4te.J,ot,.d (-7•,zm/ter 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. cer) 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. amW Notary Public Signature (Notary Public Seal) Kevin Michael Lettiere COMM. #2489726 NOTARY PUBLIC - CALIFORNIA m SAN BERNARDINO COUNTY My Comm. Expires May 10, 2028 ♦ ♦ INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisfor,ncomplies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the hording does not require the California notary to violate California nowt), lmv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fonns by crossing off incorrect forms (i.e. lielshek-hey- is /afe ) or circling the correct fonns. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other . • co;: atvD dbC„ EXHIBIT "C" (PRICE AND FEE BID) �3 3x _ ... , 'x "+'y -=,MSC °7rtt alb `r e. "''�r-a-,� 1 rt ��aityY -,' !�' f .vs.at` ,�^� ,7 r L "� ' ,v` ,, � "3i , '�.f`J'..�.t'.i 3s' 1 x-c-r.� :'z._._u,., R ��} F x.°" - s ,Yc- 1 -- T1 .f lY '; ' C �nlaricet�al £i x r 6� 3. <-r free Yes i . Scope 1 1. 8'x9.5'x40' High Cube Container(s) 3 $ 11,933.33 $35,800.0 2. 7' Roller Up Doors) (2 doors on each container) 6 $ 1,000.00 $6,000.0 3. Delivery & Placement 1 $ 3,500.00 $3,500.0 4. Wrought Iron Fence and swing gate. 1 $ 10,100.00 $10,100.0 5, Gradingand Ground Preparation. p 1 $ 7,700.00 $7,700.o 6. Heat Reduction Coating on the Roof and necessary paint job to meet scope requirements. (color grey) 3 $ 2,166.66 $6,500.0 Total Sum Price for Scope 1 $69,600.0 9 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108.doc-ms 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). "L/ 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. Redlands Ironworks, Inc. B anuel Gonzalez, Owner Date: .- \ 10 I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement (High Cube Storage) FY23-0108.doc-ms