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HomeMy WebLinkAboutContracts & Agreements_204-2022PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 4t1i day of October, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City', and Armstrong Cal Builders, Inc., a California corporation. (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: Joslyn Senior Center Renovation , complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Joslyn Senior Center Renovation , Project No. FCS10252021ER (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of one million three hundred thirty-three thousand eight hundred dollars ($1,033,800.00) 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 ninety (90) calendar days from and after the date of City's issuance of a Notice to Proceed to Contractor. 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/cents ($500.00) 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 ($500.00) per day is the estimated damage to City caused by the failure of 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 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 Bond, 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 terms or conditions of this Contract, or 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 LA1cAAgreements\Armstmng Cal Builders Inc -Public Work Contract-FY22-0028.doc jm 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 Contract 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 Contract 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. LAca\Agreements\Armstrong Cal Builders Inc -Public Work Contract-FY22-0028.doc Jm IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. (SEAL) ATTEST: C176F REDL S By: Paul T. Barich, Mayor (SEAL) ARMSTRONG CAL BUILDERS INC. _ Name of Contractor By: Shawn Salah Signature of Authorized Agent President/CEO Title Signature of Authorized Agent (if necessary) Title 990992 Contractor's License No. LAcalAgreements\Armstrong Cal Builders Inc -Public Work Contract -FY22-0028.doc jm WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Facilities and Community Services Department Joslyn Senior Center Renovation Project Proj ect No. FCS 10252021 ER 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. Dated this 28th day of Septemeber, 2022. Armstronca Cal Builders Inc. (Contractor) Shawn Sal h (Signature Presi CEO (Official Title) (SEAL) (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.) LAca\Agreements\Amstrong Cal Builders Inc -Public Work Contract-FY22-0028.doc jm 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 �50 before me, Haidy Abosalama, A notary Public (insert name and title of the officer) personally appeared V' i' ]aw rj "W" 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/shelthey 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 HA10Y AB05ALA/AA Notary Public - Cakifarn is z Orange County Commission At 2270465 (Seal) MY Comm. Expires Dec: 10. 2t722 W=9 Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required an this line; do not leave this line blank. ARMSTRONG CAL BUILDERS INC. 2 Business name/disregarded entity name, if different from above `a) mP 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to p� ( PP Y Y C ca following seven boxes. certain entities, not individuals; see a o ❑ Individual/sole proprietor or ❑ C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): ai single member LLC Exempt payee code (if any) as v ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P-Partnership) ► `o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemptian from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is disregarded from the for U.S. federal tax code (if any) ato S another not owner purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. es a ❑ Other (see instructions)1► (Applies to accounts maintained outside the US.) (n 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 'd)) 3130 E Willow St to 6 City, state, and ZIP code Signal Hill, CA, 90755 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a resident alien, solo proprietor, or disregarded entity, see the instructions for Part [, later. For other - m - entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. (--- —1 aMiiiiDiiiDiiiir7iiiU7iii©iii©iil E Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cant tion of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not rem' to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here U.S. person► Date► q f hl' General Instructi6ns Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormIN9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (]TIN), adoption taxpayer identification number (ATIN), or employer identification number (FIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) ■ Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099--C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form IN 9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-J (Rev. 10-2018) Bond Number: GS10100001 Premium: $20,676.00 Premium is for the contract term and subject to FAITHFUL PERFORMANCE BOND adjustment based on the Anal contract price. Bonds effective October 4, 2022 Whereas, the City of Redlands ("City"), State of California, and Armstrong Cal Builders Inc. (hereinafter designated as "Principal") have entered into an agreement dated October 0, 2022 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Joslyn Senior Center Renovation Project No. FCS 10252021ER 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, therefore, we, the Principal and, The Gray Casualty & Sure comnanu as Surety, are held and firmly bound unto the City in the penal sum of one mfIlion three hundred thirty-three thousand eight hundred dollars ($1,033,800.00) 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 shall 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 secured hereby and in addition to the face 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: 1. 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 L:\ca\Agreements\Armstrong Cal Builders Inc -Public Work Contract-FY22-0028.doejm 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 any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in completing the Work nor 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 City's objection to the Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or 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 does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or 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 any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees 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 September 29 , 2022. (SEAL) Armstrong Cal Builders Inc. (Contractor) Shawn Salah (Si tore (Seal and Notarial Acknowledgment of Surety) (SEAL) The Gray Casualty & Surety Company BY: r-*lyl '"- Cynthia . Young i a e) j Attorney -In -Fact Address: 1225 West Causeway Approach Mandeville, LA 70471 Telephone( 760) 218-0626 L:1ca\Agreements\Armstrong Cal Builders Inc -Public Work Contract-FY22-0028.doe jm 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 before me, Haidy Abosalama, A notary Public (insert name and title of the officer) personally appeared �j hcu Y-) `T' OVI� 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 helshe/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. HAl�Y ABOSAL= Notary Public - California z Orange County Commission # 2270455 Signature (Seal) My Comm, Expires Dec 10, 2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 ` SS. County of San Bernardino /// On before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Cynthia J. Young Name(s) of Signer(s) 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 she executed the same in her authorized capacity, and that by her signature on the instrument the kn+ ' ^�• Rebecca EI'izabeth Adcock # 2327252 person, or the entity upon behalf of which the person cOMM I .x gt,� ,TAAYPUBLIC GIYLIFORNIA acted, executed the instrument. j sANsERWDIraocourrry \,;,o�} / FAycomnEKPles.OS1o3f24 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 and official sea�Ar &T, QQP e6 Si— SI nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual ❑ Corporate Officer Title ❑ Partner -- 0 Limited C] General ❑ Attorney -in -Fact O Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here No. 09002 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN F1tANC18co Certificate of Authority 'rim, FS ro el:[Y'yim nwi. irurcnanr to the brsnrmure C'nele nfthr Star gfC'afff livita. The G, rqv Cisrutrlly rt Surety fbalprra,F of ynaWona, urgmdwd nndar the tares nf'2puisfernn, a•rd+fecn to tee i1r11cdes of hrrarporatlorr or olhcr• Fyndamenral argrrnt alfann( dacanrerrts. is 1mra6,p amhnrdzed ro hrancael a^Rhin this State. mibjrcn to all parcrr+•innrvrtlids f crtjflcadar, tdr t'Nlioat•ingctonc�;r rl£Inrarrarrera: Surely ray such rdncses are, now ar• race helvarftel, be d4t1blect hr the laxaraanm Lawn of the "bats n, j'Ctrliforaio. IT Us CERDFIC•rt7"i&yexn•escGveondt5hratedUPonthe hufakrhereof nou,and herWaflarhulr{,�hc 11t11 rangtfktnce uidr all, and nal in y ladatr`aa of cray� t?1'the appliccchle lams and loft itl rerepdrements made uurlcr+aaahrrrlFPar{dietows (if 'theState, 111, 110'aniaasleing,mysuchlaarseart•eatcnrc+rnenesarehtc(feetand a plhirable. and assukVi taws and rev/airumway, nurse arc. ar mt{v hurgtllhrr be changed ar astern/ w. PFus S110.00 Xel. Nor IN WITiv°FS5 WHEREOF, e1kcave as oj'ehe f4fh dap of l farek 201Z 1 holy? hemuntasat ny hantdardcaused ngr t167e4dseat to bn dflfeed llriav1,1thdareg1AhaTh, 201a 1, aw.. Jones brsyronae ['mnnnuarmarr F110d WW O1P Oa, Srrstrn.l. Stapp a"rurirJcrnn- Ccrivicadolf L the undersigned hrua ance C'nenrul csrnnm of lbe State ofCalffa•rrio, do ker r hi lwnt v drar 1 have roarporad the above copt, of C-r rli ficate q/ An{horfnr it illy tie daplirate o f prigfnal nmr all file in ray alJk'e, a+a thu/ tln• saar isa Bell. true. o++donrv'ay.Yo-ansee•ipl lh,r sat/,�+ndu('du- mhpls nlsntdtllipnraan and card C'orerfarity t?f±trsthovi[i• is afar ue_fJlfiRl'd and c ffvF7. .IN 1S+ITWSS WIIERFJllF• 7 bare herernua set npa hand and cautxd rr{p r�lficial sea! to bl offisedlhis -nh day n/ June. 201i. Darv.lones trsannarr Con.."'i... n r 1 CRr.+kin4e {Pfr}Vti�-•ies.,, 1'aalfarrz C7:dadrea Alliant Insurance Services, Inc. 09/29/2022 09:45 4622130015487 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GS10100001 Principal: Armstrong Cal Builders, Inc. Project: Joslyn Senior Center Renovation Project No. PCS 10252021ER KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Jay Freeman, Christina Mountz, Cynthia J. Young, and Adriana Valenzuela of San Bernardino, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $15,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 260, day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so axed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their officialseals to be hereinto affixed, and these presents to be signed by their authorized officers this 28th day of October, 2021. 040�/v Michael T. Gray President The Gray Insurance Company State of Louisiana oP6' s Cullen S. Piske $$AL President The Gray Casualty & Surety Company ss: Parish of Jefferson On this 2811 day of October, 2021, before me, allotary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Leigh Anne Henican f Notary Public can Notary ID No. 92653 Notary Leigh Anne Henaris Orleans Parish, Louisiana My Commission Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHER.COF, I have set my band and affixedthe seals of the Company this lath day of September , 2022 y � " P#43, ,t+00"A I, Leigh Anne Henican, /Secretary of The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 29th day of September , 2022 t,��*Mk �fW(ffv,- e :.R.^ x psTS. s e a a SEAL ��SEAL:� y �raa x" k Bond Number: GS10100001 Premium included in charge for Performance Bond LABOR AND MATERIAL BOND Bonds effective October 4, 2022 Whereas, the City Council of the City of Redlands, State of California, and Armstrong Cal Builders Inc. (hereinafter 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 October 0, 2022, and identified as Joslyn Senior Center Renovation Project No. FCS10252021ER 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 one million three hundred thirty-three thousand eight hundred dollars ($1,033,800.00) 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 duty executed by the Principal and surety above named, on September 29 , 2022. (SEAL) Armstronc Cal B {Co or Shawn Salah (Signatdre) (Seal and Notarial Acknowledgement of Surety) (SEAL) -The Gray Casualty urety rampany BY: 1. Cynthia J. Young {S a ttorney-In-Fact Address: 1225 West Causeway Approach Mandeville. LA 70471 Telephone: ( 760 ) 218-0626 LAcaUgreementsVirmstrong Cal Builders Inc -Public Work Contract-FY22-0028.doc jm 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 30 before me, Haidy Abosalama, A notary Public (insert name and title of the officer) personally appeared �JVJ GNA) f / J GU 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 HAMY ABOSALAMA Notary Public - California z Orange County _ Commission # 2270465 (Seal) Ky Comm. Expires Dec 10 22022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 l Ss. On '' -` before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of officer (e.g., "Jane Doe, Notary Public") personally appeared Cynthia J. Young Name(s) of Signers) 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 she executed the same in her authorized capacity, and that by her signature on the instrument the , ,�9t� �� Rebecca Elizabeth Adcock person, or the entity upon behalf of which the person acted executed the instrument. 4" 4'� COMM # 2327252 ' z NOTARY PUBLIC - CAL 1FORNIA OUNN 5ANBERNxOms: 1 certify under PENALTY OF PERJURY under the laws of n My Comm EHpiras: 05f03l24 the State of California that the foregoing paragraph is true and correct. WITNESS my ha nd official seal. \Vkuuq�j AM0 �_( 1� Sign ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact 71 Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here STATr OF CAlAFOlMA DEPARTMENT ENT OF .INSURANCE Certificate of ,Authority nWl'ISltaCtIM17Y.Thal, (rltp•,+2runP ar F:rs Insurance ('"de (If Slttly uF4irC(jurrNrr. The Gate casa/llolc'Esl""Jy c0y;pfilty' of Laukfalta• ornatawtl under flit, hies ofL0If&&nar, sa&feet [a Its tlraclas of"L{emTtntulnn a "Ifni fimdulrtental arf rrerrsaitanol rtaeru eats, is fladll' audmrt5ed to lrallvact 41111141 111ty Stala..ctal yecl la ail }'I'vi' iolisafilds erldicae idre,l�lfa+zln�elanxe<srlllt)et xree�: surely as midi t/aaat's are ratty nr raat' iterrr{fler be iklined in iha ht eranee Loa tit i&r &ale r{f L'alf%ivr'nirt. I'llfs(1:R'114(,A.I, Iticsj)risXfhcond'ilfanerfe(irwrthe holfferhetvinfumva)Tdheratr/ierhang In lull nrmpflanee withal€, and nay. in rfolarion of aqV. afihe applicable tmrs ztncllrtzulitl r{'llnirenrnnlr anal le anrler aadtrn:fr rtflhelartsr afrhr Strae�fY'alifinzrha tav lan n as such falcslvv'erfuhrnlenis rare hlcfjccland gppkcahfv. and as such Icur•s anitr etdrdrevnl'rrtr male are, or mqr heregllcr he nhans±ed or amerwltd IN WITNESS EuHERFlr, a/lecrrre as al`the [411t clgv Q Afarc)t 201Z. 1 thaw, herewma sei inr hand and caared tn}'tjolvid walla by gfflwd this 141h &tv III rtfwz' I. Ma ltua $115'0.00 1i44V'4 :IOtleS hrrturvtnvr i �mmm,xmnrr Ave. No, Red $!3i2lill All 5'astm,i. Stapp j;m \'vf' 11rhr t'4rrf treraip ['ar7�cnf(n1r 1. ahe anrk rsNowel htluianci' £ruxnitisr-iwmr yl'ehe Sttae off'alifornia. do /tci ebr of ivih, lhrai have rrampaned Me above e01?t'tef Cerlificote rtf rt+r[bnriry irilh flit' dtgifir aie a farisinnl no+t mlr JI(c' briny' allirse. <u+Nf3rttaN nr+nr. ix full Orr acedcurert<f trtmm'eria/Ch,mpJ..w.IrJ?he uhufa rrj'ardddaylk'a/a. amdxcml Cvrf hCarh' 01 Au if. l'+s I101 r' hi u1f ilr( .' awl PJrCGG IN WrrNt?SS WI-JERFDF, I have-herenn/a sei rtr)' lmnritrrrct ccacvrti rnu olltdal seal It) be cl/filed aas 41h flag rr/.lane, 101.^�. uiiPd afN7(SS IrlSurgl¢p ('urnnt+irn4v at � �'Av.t¢+ba... Pa'dille D Wf1drell Alliant Insurance Services, Inc. 09/29/2022 09:45 4622130015487 THE GRAY INSURANCE COWANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GS10100001 Principal: Armstrong Cal Builders, Inc. Project: Joslyn Senior Center Renovation Project No. PCS10252021ER KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Jay Freeman, Christina Mountz, Cynthia J. Young, and Adriana Valenzuela of San Bernardino, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surely, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $15,000,000.00. This Power of Attorney is granted mid is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 281h day of October, 2021. Michael T. Gray President The Gray Insurance Company State of Louisiana Up9 � Cullen S. t S E A President The Gray Casualty & Surety Company f ss: Parish of Jefferson On this 28n day of October, 2021, before me, a Notary Public, personally appeared Michael T. Gary, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of and acknowledged said instrument to be the voluntary act and deed, of their companies. } U*m W � CM^-- ;y Leir�h Anne Henican Notary public Leigh Anne Henican Notary I No.92653 Notary Public, Parish of Orleans State of Louisiana Orleans Parish, Louisiana My Commission is for Life I, Mark S. Mangano, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 29th day of September , 2022 rr �4l+vr• p P"+-* I, Leigh Anne Henican,/Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 29th day of September , 2022 � �UVWtQ �Q/�CA1L--- AgU N�N,_n vPe:Y.. 6 c �, a SEAL � SEAL x �.,.. Prince Financial and Insurance Services 444 W. Ocean Blvd., Suite 1102 Long Beach, CA 90802 CITY OF REDLANDS 35 CAJON ST. SUITE 15A REDLANDS, CA 92374 We are providing you with a Certificate of Insurance confirming our client's coverage. Want to get certificates of insurance faster? Go green by receiving digital copies of certificates via email in the future. Or, do you no longer require a certificate of insurance for our client? Please contact us at certs(aprincefinancial.net and provide the following information for processing: 1. Confirmation that a certificate of insurance is no longer required; or 2. E-mail address to send future certificates of insurance in lieu of U.S. Mail Delivery 3. Insured code found in the Insured Section on the enclosed certificate. An example of this is xxxxxx-01 4. This Certificate Number: 0100196860-0 PFIS does not share your e-mail as detailed in our privacy policy found on our website at https://www.princefinancial.net ACC>RbP CERTIFICATE OF LIABILITY INSURANCE \s.. DATE(MMIDDAYYY) 09/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). PRODUCER CONTACT Fayez Kabour WC. N (562) 473-4444 x 230 FAX No), (855) 484-2020 Prince Financial and Insurance Services E-MAIL ADDRESS: FKABOUR@PrinceFlnancial.net 444 W. Ocean Blvd INSURERS AFFORDING COVERAGE HAICB Suite 1102 INSURERA: KINSALE INS CO 38920 Long Beach CA 90802 INSURED INSURER B: INFINITY SELECT INS CO 20260 INSURER C: MIDWEST EMPLOYERS CASUALTY CO 0098 Armstrong Cal Builders INSURER D: 3130 E. Willow St INSURER E 1 INSURER F: Signal Hill CA 90755-2308 COVERAGES CERTIFICATE NUMBER: 0100196860-0 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICPOLICYNUMBER MMODM'YY MMIDO� LIMITS A X COMMERCIAL GENERAL LIABILITY X OCCUR X X 0100196860-0 06/30/2022 06130/2023 EACHOCCURRENCE $ 1,000,000 DAMAGCLAIMS-MADE PREMIES(TO RENTED PREMISES RENT occurrence) $ 100,000 MED EXP(Any oneperson) $ 5,000 PERSONAL A ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY ❑X JECT1:1 LOG OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY �/ AUTOS HIRED AUTOS ONLY X AUTOS ONLY X X 504-61017-6267-001 06/28/2022 06/28/2023 COMBINED SINGLE LIMIT Ea accltlent $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PeOra PEcRdenDAMAGE $ A X UMBRELLALIAB EXCESS LUNGCLAIMSWADE X OCCUR 0100209238-0 10/03/2022 06/30/2023 EACHOCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 OED I I RETENTION$ $ C WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y FFICERIM MB REXCLU ED?ECUTIVE ❑ (Mandatory In NH) If yes, describe under DE SCRIPTIONOFOPERATIONSbele. NIA X BNUWC0157339 06/28/2022 06/28/2023 PER OTH- STATUTE ER EL. EACH ACCIDENT $ 1,000,000 E.L. DISEASEEAEMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Project ACB-100: Joslyn Senior Center Project All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the Insured, and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Redlands ACCORDANCE WITH THE POLICY PROVI NS. i 35 Cajon St AUTHORIZED REPRESENTATIVE ' Suite 15A Redlands CA 92374 © 1988.2015 ACOKb CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CITY OF REDLANDS BUSINESS TAX CERTIFICATE For Services Provided in the City of Redlands, California Only" Business Name ARMSTRONG CAL BUILDERS INC Business Location 3130 E Willow St Signal Hill, Ca 90755-2308 Business Owner(s) ARMSTRONG CAL BUILDERS INC ARMSTRONG CAL BUILDERS INC 3130 E WILLOW ST SIGNAL HILL, CA 90755-2308 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED. ARMSTRONG CAL BUILDERS INC 2023 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Business Type Contractor- General Description GENERAL CONTRACTOR Certificate Number: 08132769 Effective Date October 03, 2022 Expiration Date June 30, 2023 For all inquiries regarding this license, contact HdL Business Tax Support Center at (909) 479-2111, Thank you for your payment on your City of Redlands Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business tax certificate, contact the Business Tax Support Center via email at: Redlands@hdlgov.com or by telephone at: (909) 479-2111. Keep this portion for your tax certificate separate in case you need a replacement for any lost, stolen, or destroyed tax certificate. A fee may be charged for a replacement or duplicate tax certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of Redlands Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the city limits of City of Redlands, please display the Business Tax certificate above in a conspicuous place at the premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view upon any cart, vehicle, van or other movable structure or device at all times if required by the Collector, Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https:/Iwww.dca.ca.gov/publications/. BUSINESS SUPPORT CENTER 8839 N CEDAR AVE #212 HIUNRI FRESNO, CA 93720-1832 ARMSTRONG CAL BUILDERS INC 3130 E WILLOW ST SIGNAL HILL, CA 90755-2308 City of Redlands BUSINESS TAX CERTIFICATE Certificate Number: 08132769 Date of Issue: 1010312022