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HomeMy WebLinkAboutContracts & Agreements_188-2020GM Sager Construction.FY20-0021 PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this lst day of September, 2020, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter `City"), and GM Sager Construction Co. Inc. (hereinafter '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 SCOPE OF WORK. Contractor shall furnish all materials and will perform all of the work for the following: 19/20 CDBG Alley Paving Improvements Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City s 19/20 CDBG Alley Paving Improvements Project, Project No. 43066 (the `Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of three hundred seventy three thousand six hundred twenty four dollars and forty cents dollars ($373,624 40) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. 3 TIME FOR COMPLETION: The Work shall be completed within sixty (60) calendar days from and after the date of the delivery to Contractor of the Notice to Proceed by City 4 LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly Contractor shall pay to City or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following. Notice Inviting Bids, Instructions to Bidders, Contractor s Proposal, Bid Bond, Agreement Performance, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the `Contract Documents"). 6. ATTORNEYS' FEES- In the event any action is commenced to enforce or interpret the terns or conditions of the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 7 RESOLUTION OF CONSTRUCTION CLAIMS. Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code L:\ea\dj m\Agreemcnts\GM Sager Construction.FY20-0021.doc.j n GM Sager Construction.FY20-0021 Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contact Code, Section 6109 and California Labor Code Sections 1777 1 and/or 1777 7 and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY Any provision or part of the Contact Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. 2 L \ea\djm\Agreements\GM Sager Consttuction.FY20-0021 doc,in GM Sager Construction.FY20 0021 IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST Donaldson, City Clerk City of Redlands B Paul W Foster, Mayor (SEAL) � � vim„ 44--t__ . Name of Contractor BY 74‘.Ls 54 Signature of Authorized Agent Title Signature of Authorized Agent (if necessary) Title Contractor's License No 3 L IcaldimlAgreements\GM Sager Construction.FY20 0021 docdn GM Sager Construction.FY20 0021 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities and Engineering Department 19/20 CDBG ALLEY PAVING IMPROVEMENTS PROJECT Project No 43066 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 \iC, 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 1 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 Dated this 2- 1 day of (SEAL) , 2020 G (Contractor) 3 a 1 (Signature) v. (Official Title) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract ) 4 L IcaldjmlAgreements\GM Sager Constructton.FY20 0021 doc.jn Premium Subject To Adjustment Based On Final Contract Price Executed in Two (2) Original FAITHFUL PERFORMANCE BOND Counterparts (iM Sager Construetion.rY20.0071 Bond No. 100510721 Premium: $6,725.00 Whereas, the City of Redlands ("City"), Stale of California, and GM Sager Construction Co. Inc, (hereinafter designated as "Principal") have entered into an agreement dated September 1 2020 (` Agreement") whereby Principal agrees to install and complete certain public improvements (the 'Work"), which said Agreement is identified as 19/20 CDBO Alley Paving Improvements Project, Project No. 43066 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therelbre, we, the Principal and, U.S. Specialty Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of three hundred seventy-three thousand six hundred twenty-four dollars and forty cents dollars ($373,624.40) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors. executors and administrators. jointly and severally firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns. shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shalt defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation seemed hereby and in addition to the fhce amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered, As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of' one (1) year or longer if required by the Agreement after the acceptance of the work by the City during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement. the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: ] Complete the Work in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder arrange for a contract between such bidder and the City and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term `balance of the Agreement price. as used in this paragraph, shall 5 0040A grcementf0M Sage r Censtructlon.r Y21-0021.doL.jn (FM Sager Construction n10-0021 mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may reject anv contractor or subcontractor which may be proposed by Surety in Iulfillment of its obligations 111 the event of default by the Principal Surety shall not utilize the Principal in completing the Work not shall Surety accept a bid from the Principal for completion of the Work if the City when declaring the Principal in default, notifies Surety of the Citys objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or foi the use of any person or corporation other than the City named herein or the successors or assigns of the City Any suet under this bond must be instituted within the applicable statute of limitations period [he said Surct\, fol value rcccircd hereby stipulates and agrees that no change, extension (if time alteration of addition to the terms of the Agreement of to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond and it docs hereby waive notice 01 any such change extension of time alteration or addition to the terns of the Agreement or to the work of to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied The Principal and Surety agree that If the City is required to engage the services of anv attorney in connection with the enforcement of this bond each shall pay the City's reasonable attorneys ices incurred, with or without suit, in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named on August 21 _ 2020 G M Sager Construction Company, Inc. (SEM } U S Specialty Insurance Company (Si Al } (Contractor) (Signaturc) BY igna(u1cli=reddyAnvari, Attorney -in -Fact Address -625 The City Drive S, Suite 205 Orange, CA 92868 (Seal arid Notarial Ackru)wlt.dgntent of 1 elcphonc ( ) (714) 740-7000 Surety) 6 f 1c;itc owl/4gr,;ements1.G\ 1 Sagcr (uustniclinn 1 120-0 21 doc.p CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On 0Nt before me, Angela K Kim, Notary Public Date Here Insert Name and Title of the Officer personally appeared Freddy Anvari Name(s) of Signer(s) 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 g ANGELA K KIM Notary Pubi€r-Cali`ornia Orange County Commission # 2190918 My Comm Expires Apr 11 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my h. Rd and official seal. Signature Sigri re of otary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this forrrt to an unintended document Description of Attached Document Bond4 < Title or Type of Document [ O '1 I Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer s Name Ft eddy Anvari 0 Corporate Officer — Title(s) 0 Partner — L_1 Limited I :l General II Individual i Attorney in Fact 0 Guardian or Conservator i...l Trustee Ci Other Signer Is Representing tAj , SM MAW) Signer's Name 0 Corporate Officer — Title(s). Partner — © Limited 0 General LI. individual 0 Attorney in Fact C:1 Trustee #..:.1 Guardian or Conservator 0 Other Signer Is Representing 4S•, i 1W 044. 02014 National Notary Association www NationalNotary org • 1--800-US NOTARY (1--800-876-6827) Item #5907 TOKIOMARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That, U S SPECIALTY INSURANCE COMPANY (the "Company") a corporation duly organized and existing under the laws of the State of Texas and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint FREDDY ANVARI its true and lawful Attorney-in-fact with full power and authority hereby conferred in its name, place and stead, to execute acknowledge and deliver bond number 100510721 , issued in the course of its business and to bind the Company thereby, in an amount not to exceed Four hundred thousand and 00/100 ( $400,000.00 ) Said appointment is made under and by authority of the following resolutions of the Board of Directors of U S Specialty Insurance Company "Be it Resolved, that the President, any Vice -President, any Assistant Vice -President any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in Fact to represent and act for and on behalf of the Company subject to the following provisions Attorneyan-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached " Adopted by unanimous written consent in lieu of meeting on September 1st 2011 The Attorney -in -Fact named above may be an agent or a broker of the Company The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attomey-in Fact is or is not an appointed agent of the Company IN WITNESS WHEREOF U S Specialty Insurance Company has caused its sea! to be affixed hereto and executed by its Senior Vice President on this 181i' day of December 2017 lnlsurr!'rr', a aGL t•L - .t... rtilli.,a _ State of California County of Los Angeles By U S SPECIALT' NSURANCE COMPANY Adam S Peskin, Senior Vice President 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 On this 1st day of June, 2018, before me, Sonia 0 Carrejo a notary public, personally appeared Adam S Pessin, Senior Vice President of U S Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument 1 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 VI' Of .. 1 Signature ' ZHIAO. CM0.C16 Nola? ev6tic Ca4Wsma rmi ` ' I 2291: CCm.'�14 10?I) 2174477 (seal) µY Lamm. FupL•n Apr 17, ?01] I, Kio Lo, Assistant Secretary of U S Specialty Insurance Company do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of August Bond No 100510721 Agency No 6708 , 2020 Kio Lo Assi ' Secretary HCCSZZ POAUSSICO612018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A -A- A _we as AN. ,. W. % w, A A -_A... vw v.. -..W w...A 2P,. - - A- A -As-A. A. Yw A..A.{A A.E.A At A A. we vw{ A notary public or other officer completing this certificate verifies only the identity of the indvidual 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 8-24-2020 before me, MaryEllen Sheppard -Public Notary Date personally appeared Michael Sager Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/zrec subscribed to the within instrument and acknowledged to me that he/MAW executed the same in his/F t authorized capacity(tes), and that by his/Ixedtbalz signature($] 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 MARY ELLEN SHEPPARD COMM- N MINN g SAN BERNARDINO COUNTY Camra Expires WEAR. 25, 202 Place Notary Seal Above WITNESS my hand and official seal Signature Si nature of Notary Public OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Faithful Performance Bond 100510721 (City of Redlands) Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Michael Sager Signer's Name. ® Corporate Officer — Title(s) Vice President ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited E General ❑ Partner — ❑ Limited ❑ General E Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator E Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing GM Sager Construction Co., Inc Signer Is Representing b,•b'NV 'AY •-w-`N'-`e" 'el m er di- 'a% aree--by : -el w 'e,z ar a, w w -'w-`ar-`sr.`ar a/ -ate-ay. ex -A-- ey•`er •er •ar:-y •ar-•y'.•ar.•a» - ©2016 National Notary Association www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 GM Sager Consinictiou 1 Y2U-0021 Premium Subject To Adjustment Based On Final Contract Price Bond No 100510721 Executed in Two (2) Original LABOR AND MATERIAL BOND Counterparts Premium Included on Performance Bond Whereas, the City Counntl of the City of Redlands. State of California, and GM Sager Construction Co., Inc, (hereinaftei designated as "Principal') have entered into an agreement (the `Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated September 1 2020, and identified as 19/20 CDBG Alley Paving Improvements Project, Project No 43066 is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of three hundred seventy-three thousand six hundred twenty-four dollars and forty cents dollars ($373,624.4I) for materials furnished or labor thereon of any land, 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 m case shit is brought upon this bond, will pay, to 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 thein or their assigns in any suit brought upon this bored Should the condition of this bond be fully performed, then this obligation shall become null and void- otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of tune, alteration or addition to the tei•rns of the Agreement or the specifications accompanying the sante shall m 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 August 21 , 2020 (SEAL) G M Sager Construction Company, Inc (SEAL) U S Specialty Insurance Company (Contractor) BY' (Signature) ( tgnature)Freddy'Anvarr-A,fomey-in-Fact Address 625 The City Drive 5, _Suite 205 Orange, CA 92868 (Seal and Notarial Acknowledgement of Surety) 7 1. -1caV.bmthgrcemcnts\0M Sager C'onsiructianTY20 0021 cloc.in Telephone. ( ) (714) 740 7000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy or validity of that document State of California County of On CA ><( Q Orange ) Date personally appeared before me, Angela K Kim, Notary Pubhc Here Insert Name and Title of the Officer Freddy Anvari Names) of Signer(s) 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 ANGELA K KIM NotaryPublic-California Orange County Commission " 2190918 My Comm Expires Apr 11 2021 Place Notaty Seal Above WITNESS my hand -nd official seal. Signature OPTIONAL tary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Bond" 100 5((-)11-‘ Number of Pages Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name Freddy Anvari [1 Corporate Officer — Title(s) Partner — LI Limited 11 General U Individual N Attorney in Fact [....;I Trustee. ❑ Guardian or Conservator ❑ Other Signer Is Representing (A.$ = SQL:-►IJ‘zt� IN,StAgiVe.,... , Document. Date Named Above. Signer's Name VI. Corporate Officer — Title(s) ❑ Partner — ❑ Limited 0 General LI Individual C::1 Attorney in Fact C l Trustee ❑ Guardian or Conservator 0 Other Signer Is Representing ,R- ©2014 National Notary Association www NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 TOKIOMARINE HCC. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That, U S SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas and having its principal office in Houston Harris County Texas does by these presents make constitute and appoint, FREDDY ANVARI its true and lawful Attorney -in fact with full power and authority hereby conferred in its name place and stead to execute, acknowledge and deliver bond number 100510721 , issued in the course of its business and to bind the Company thereby, in an amount not to exceed Four hundred thousand and 00/100 ( $400,000.00 ) Said appointment is made under and by authority of the following resolutions of the Board of Directors of U S Specialty Insurance Company Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached " Adopted by unanimous written consent in lieu of meeting on September 1st 2011 The Attomey-in-Fact narned above may be an agent or a broker of the Company The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company IN WITNESS WHEREOF U S Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice President on this 18th day of December 2017 0011:.; rr State of California County of Los Angeles By U S SPECIAL NCE COMPANY Adam S Pes in Senior Vice President 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 On this 151 day of June, 2018, before me, Sonia 0 Carreto, a notary public, personally appeared Adam S Pessin Senior Vice President of U S Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct WITNESS my hand and official seal 140; �� . 1 IF Signature (seal) SOMA 0. CUM..) YotelY Pn6[Ic Callarnia ler Alpwes Clia0 _ Cem7trstIon i 2219774 s rMY Comm Fvpdre,Apr 23 1Q77 I, Kio Lo, Assistant Secretary of U S Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of August .,..,,,,..01,..,;s.;101::;;;,,,,,,,:„4:;. a,�y t l n s u r 3 �,,,:„4:f aw. ll a � . �1 �' . -. r 1 Bond No 100510721 Agency No 6708 visit tmhcc com/surety for more information 2020 Kio Lo, Ass' 'LT:' Secretary HCCSZZ POAUSSIC0612018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A ,. At At A -At A-_A'_A .9a _AQ_W .A _AQ.9a .9S•.'aQ_A<<A 9R.'A'.A _fA lg. Glw A v. A, At�t..S]. _A d.v. A A• ^. v. -v. A _At G3.t v.- AAQ 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 8-24-2020 before me, MaryEllen Sheppard -Public Notary Date personally appeared Michael Sager Here Insert Narne and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personO whose name(s) istsrec subscribed to the within instrument and acknowledged to me that he/affaINg9 executed the same in his/NW:Mr authorized capacity(ies), and that by his/F- signatureN 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 MARY ELLEN SHEPPARD COMM it 2183192 e Notary Public Caritomis SAN BERNARDINO COUNTY My Comm. Expires MAR 25, 2021 Place Notary Seal Above WITNESS my hand and official seal Signature(2S(SLa, OPTIONAL ignature of Nota Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Labor and Material Bond 100510721 (City of Redlands) Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Michael Sager Signer's Name IA Corporate Officer — Title(s) Vice President ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing CM Sager Construction Co., Inc Signer Is Representing wwe exp vwc o -x kce:c we%c ewY 4 e e uc c c>r�c�<�w� e� c� we ax h �z < e c c e e - • ©2016 National Notary Association • www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907