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HomeMy WebLinkAboutContracts & Agreements_13-2023PU 10, LIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this Nth day of January 2023, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Tryco General Engineering (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: 2022 CIP Water Pipeline Replacement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2022 CIP Water Pipeline Replacement Project, Project No. 501062 (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of four million seven hundred forty-four thousand one hundred eleven dollars ($4,744,111) 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 one hundred eighty (180) 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 ($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 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. 1 I: \cmo \Agreements\TryCo General Eng Agreement FY22-0090.doc-la 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 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. [SIGNATURES ON NEXT PAGE] 2 I:\cmo\Agreements\TryCo General Eng Agreement FY22-0090.cloc-la IN WITNESS WHEREOF, the Parties hereto have executed this Contract the year first written above. (SEAL) ATTEST: ne Donaldson, City Clerk CITY OF ' ' DL NDS By: die Tejeda, Mayor (SEAL) Tryco General Engineering Name of Contractor By:,f Sign re of Autho 'zed Ag Sylvan Kirtley, Secretary Name, Title Signature of Authorized Agent (if necessary) Title 960285 Contractor's License No. 3 I:\cmo\Agreements\TryCo General Eng Agreement FY22-0090.doc-la WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department 2022 CIP Water Pipeline Replacement Project Project No. 501062 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 1 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 fa day of (SEAL) , 2023. (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 I:\cmo\Agreements\TryCo General Eng Agreement FY22-0090.doc-la W�9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for TaxpayerForm Identification Number and Certification ► Go to www.irs.gov/FormW9 for Instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3_ 1 1 Name (as shown on your Income tax return). Name is required on this line; do not leave thls line blank. Tryco General Engineering 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classlflcatlon of the person whose name Is entered on line 1. Check following seven boxes. ❑ Individual/sole proprietor or ❑ C Corporation E S Corporation ❑ Partnership single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single -member owner. LLC if the LLC Is classified as a single -member LLC that Is disregarded from the owner unless the owner another LLC that Is not disregarded from the owner for U,S. federal tax purposes. Otherwise, a single is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ❑ Other (see instructions) ► only one of the ❑ Trust/estate ► 4 Exemptions certain entitles, Instructions Exempt payee Exemption code (If any) (Applies to accounts (codes apply only to not Individuals; see on page 3): code (If any) from FATCA reporting Do not check of the LLC is -member LLC that maintained outside the U.S.) 6 Address (number, street, and apt. or suite no.) See Instructions. PO Box 391 Requester's name and address (optional) City of Redlands 35 Cajon St. Suite 15A Redlands CA 92373 6 City, state, and ZIP code Rimforest CA 92378 7 List accoun 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 backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. Note; If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. part Ii Social security number r- or Employer identification number r5 2 1 2 7 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. I arn 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. I arn 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 1s 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, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here General Instruc'ocns 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/FormW9. 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 (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), 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) Date ► • Form 1099-DIV (dividends, including tho funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-D (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 W-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-9 (Rev. 10-2018) CITY OF REDLANDS BUSINESS TAX CERTIFICATE "For Services Provided In the City of Redlands, California Only" Business Name • , TRYCO GENERAL ENGINEE:RI,NG Business Location 25499 Redlands Blvd #113 Lorna Linda, Ca 92354-200e 1:':? Business Owner(s) TRY KIRKLEY TRYCO GENERAL ENGINEERING PO BOX 391 RIMFOREST, CA 92378 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED. 2023 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE. Business Type Contractor- General Description GENERAL ENGINEERING CONTRACTOR MILDIMMIMMMINIMNUMMIMMEASIIIIMSINIIIMMIEWSSIIME TRYCO GENERAL ENGINEERING: Certificate Number: Effective Date Expiration Date 08116604 July 01, 2022 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 'T'ax 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 repiacernent 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://www.dca.ca.gov/publications7 BUSINESS SUPPORT CENTER 8839 N CEDAR AVE #212 FRESNO, CA 93720-1832 xiieA HD11104B 4000000240 240/1 TRYCO GENERAL ENGINEERING 130 BOX 391 RIMFOREST CA 92378-0391 City of Redlands BUSINESS TAX CERTIFICATE Certificate Number: 08116604 Date of issue: 07/01/2022 Bond No. GS29700042 Premium: $74,162.00 Premium Based on Final Contract Amount FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreement dated January 17, 2023 ("A.greement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as 2022 CIP Water Pipeline Replacement Project, Project No. 501062 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 & Surety Company as Surety, are held and firmly bound unto the City in the penal sum of four million seven hundred forty four thousand one hundred eleven dollars ($4,744,111) 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 cornpletion 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 5 l:\cmo\Agreements\TryCo General Eng Agreement FY22-0090.doc-jm 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 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 February 2nd , 2023. (SEAL) Tryco General Engineering (C, ntract.. ) (SEAL) The Gray Casualty & Surety Company urety) (Signature) Pietro Micciche, Attorney -in -Fact Address: P.O. Box 6202 Metairie, LA 70009 (Seal aid Notarial Acknowledgment of Telephone ( 877) 857-6006 Surety) 6 I:\cmo\Agreements\TryCo General Eng Agreement FY22-0090.doc-jm CALIFORNIA ALL-PURPOSE ACKNOWLED MENT 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 Los Angeles On 2..Allo 7.7) before me, Angel Nunez, Notary Public ate Here Insert Name and Title of the Officer Pietro Micciche personally appeared Narne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person% whose name % is/'&6 subscribed to the within instrument and acknowledged to me that hetslsedgey executed the same in hisiMaiDdkixtr, authorized capacity(), and that by hisMiNDOWsignature(0 on the Instrument the person(), or the entity upon behalf of which the person(4) acted, executed the instrument. ANGEL NUNEZ Notary Public -California Los Angeles County COMMISSiOn 2321675 My Comm. Expires Mar 14, 2024 V 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 d official seal Signatur Signature. 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): El Partner — El Limi d Cl General 0 Individual Attorney in Fact LI Guardian or Conservator Li Trustee 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): Cl Partner — El Limited 0 General O Individual rl Attorney in Fact LI Trustee El Guardian or Conservator 0 Other: Signer Is Representing: ©2014 National Notary Association . www.NationalNotary.org 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No. GS29700042 Premium Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Tryco General Engineering (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 January 17, 2023, and identified as 2022 CIP Water Pipeline Replacement Project, Project No. 501062 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 four million seven hundred forty four thousand one hundred eleven dollars ($4,744,111) 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 February 2nd , 2023. (SEAL) Tryco General Engineering � rac or) 41114 (Si attire) (Seal and -Notarial Acknowledgement of Surety) (SEAL) The Gray Casualty & Surety Company Sure (Signature) Pietro Micciche, Attorney -in -Fact Address: P.O. Box 6202 Metairie, LA 70009 Telephone: ( 877 ) 857-6006 7 I:\cmo\Agreements\TryCo General Eng Agreement FY22-0090.doc-jm CALIFORNIA ALL-PURPOSE ACKNOWLED M T CIV!L 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 Los An • eles On h)1 PM before me, Angel Nunez, Notary Public Here Insert Name and Title of the Officer te personally appeared Pietro Micciche Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person %) whose name (4 Is/We subscribed to the within instrument and acknowledged to me that heftey executed the same in his/M*1;04k authorized capacity(k4 and that by his/ilitrAttigtXsignature(0 on the instrument the person(x), or the entity upon behalf of which the person(4) acted, executed the instrument. ANGEL VUNEI. llotary Public - California LI Los Angeles County 21 Commission # 232167E, My Comm. Expires Mar 14, 2024 )35..aamtat.:-4,73:five,z-mayxv.or-Ro.r.1,,,,4v14,,va..,7kouu.zzLmt, 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/Ty' and d official Signat‘' OPTIONAL Sign 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): 1] Partner — El Limipd El General Lil Individual If Attorney in Fact Trustee r] Guardian or Conservator 0 Other: Signer Is Representing: Corporate Officer * Title(s): D Partner — 1.71 Limited LJ General Li Individual Li Attorney in Fact U Trustee El Guardian or Conserve or 0 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org 1- 00-US NOTARY (1-800-876-8827) Item #5907 Preferred Bonding Services 12/ 13/2022 14:38 1001484039397 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: %Al006Lit Principal:Tb`1) 6- x\eeo1� i'Yi�jl"oxk3 Project:,oig,. Cy ' 1#4,11-ef ¶ IQ(Aire V- 01Levn'�'/inl' 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: Patricia Zenizo, Elisabete Salazar, and Pietro Micciche of Los Angeles, 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 $25,000,000.00. 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 2611i 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 WI"iNESS 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 4'h day of November, 2022. By: State of Louisiana Michael T. Gray President The Gray insurance Company Cullen S. Piske President The Gray Casualty & Surety Company ss: Parish of Jefferson On this 41h day of November, 2022, before me, a Notary 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. Leith Anne Henican Notary Public Notary ID No, 92653 Orleans Parish, Louisiana ‘.6) i/tvvtR f/ Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana My Commission is for Life 1, 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 WHEREOF, I have set my hand and affixed the seals of the Company thisZmal day of-F,00l'CI,3, zo23 r 1, 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 com anies, which is still in full force and effect. iN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this iv,j day of 'P 'c( � j ,Z,,0 2,3 , WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department 2022 CIP Water Pipeline Replacement Project Project No. 501062 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 /A day of GN , 2023. (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.) 4 I:\cino\Agreernents\TryCo General Eng Agreement FY22-0090.doc-la