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Contract - Harbor Coating and Restoration
PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 5th day of September, 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 Harbor Coating and Restoration, 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: MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT, PROJECT No. 405003 (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of three hundred eighty one thousand seven hundred ninety nine dollars ($381,799) 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 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) 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. 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 1 I:\cmo\Agreements\Harbor Coating and Restoration, Inc. FY22-0220.doc.jm 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\Harbor Coating and Restoration, Inc. FY22-0220.doc.jm IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. (SEAL) ATTEST: nne Donaldson, City Clerk CITY OF ' AND By. Eddie Tejeda, Mayor (SEAL) Harbor Coating and Restoration, Inc. Name of Contractor By: gnature of Authorized Agent Mahmoud Merzi, Owner Title Signature of Authorized Agent (if necessary) Title Contractor's License No. 3 I:\cmo\Agreements\Harbor Coating and Restoration, Inc. FY22-0220.doc.jm Bond No. 0100207 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Harbor Coating and Restoration (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 September 5, 2023, and identified as MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT, PROJECT No. 405003 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 eighty one thousand seven hundred ninety nine dollars ($381,799) 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 August 21 , 2023. (SEAL) Harbor Coating and Restoration (Contrac Mahmoud Merzi, (S' • nature) Owner (Seal and Notarial Acknowledgement of Surety) 7 I:\cmo\Agreements\Harbor Coating and Restoration. Inc. FY22-0220.doc._jm (SEAL) Developers Surety and Indemnity Company (Surety BY:—�c�s�" Andrew Sysyn, (Signature) Attorney -in -Fact Address: 800 Superior Avenue E, 21 st Floor Cleveland, OH 44114 Telephone: (877) 528-7878 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ycc,,K,A: „&weCa^d,\'?if,skxv.ticic �;<<C4-x<,,t,kv: C'.Sit'id-.1^.S :t^, 7pdr.,.< x,'.4>1"6w^<do.cp.4C . ctC,SG:C{:C6`.)S sX..SAC;c:'.i,C:4S:.C{:'.i'�S' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docurent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, Date Mere Insert Name and Title of the Officer personally appeared 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. 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 Signature of Notary Public Place Notary Seal Above 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: • Signer's Name: ❑ Corporate Officer -- Title(s): C_l Partner — D Limited ❑ General ❑ Individual ❑ Attorney in Fact El Trustee O Guardian or Conservator Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 0 Individual ❑ Attorney in Fact Cl Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C` qc„-,c - C+c%C>e%e.'ai gg.. - to s, K:. 4 K::gx {s' e%,v4yggc' x.,rc kx c gK,c_ ,-v*e ' Gg c ci`E_-mw'F'Sbzwxex`z"Gcwf: ©2014•National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 - y 1 On before me, Maria Sysyn, Notary Public Date personally appeared Andrew Sysyn 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/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. — Oda r MARIA SYSYN Notary Public - California Orange Ccunty Commission ; 2311715 My Comm. Expires Nov 7, 2023 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 ((hand and official seal. Signature OPTIONAL Signature of Notary 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY FOR (:;ORI?:POINT 1 INSURANCE COMPANY DEVELOPERS SURETY ANI) INDEMNITY COMPANY 39 Maiden Lane. 43rd 1'ioor, New York,' NY 10038 (212) 220-7120 KNOW AI..L BY THESE PRESENTS that, except as expressly limited herein, CORI POINTI:i INSURANCE COMPANY and DEVELOPERS SUR.I'; CY ANT) INDEMNITY COMPANY, do hereby make. constitute and appoint: Andrew Sysyn , or San Juan Capistrano, CA as its true and lawful Attorney -in -fact, to make, execute, deliver and acknowledge. for and on behalf of said commies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform even' act necessary, requisite or proper to he done in connection therewith es each of said company could do. but reserving to each of said company full power of substitution and revocation; and all ol'tlic acts of said Altonrcy-in-ho-act. pursuant to these presents. are hereby ratified and confirmed. This Posner of Attorney is effective August 21 2023 and shall expire on December 31, 2023. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of'CORFPOIN'fI INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company.) on November 3, 2022. RESOLVED, that Sam Zaza. Senior Vice l''_testdent.. Solely tl,ndet:yytritil)g, ,laures Bell, Vice President. Surety I)p(ierwrrtu�, and +=I_:tig._pawsott, Executive Surety,, each an employee of A.nil'rust North America„ Inc., an affiliate of the Company (the "Authorized Signors'), m'e hereby authorized to execute a Power of Attorney, qualifi'ing attorneys) -in -fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney. RESOLVED, that the signature of any one of the Authorized Signors and the Secretay or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such Power of Attorney. and any such signature or seal may be affixed by -facsimile, and such ['MVO' of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COR.EI'OIN'I'IF INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPA presents to be signed by the Authorized t;ignorand attested by their Secretary or Assistant Secretary this December 5, 2022 By: _.............. Printed Name: Sam Zaza "Title. Senior Vice President, Surety Y have caused these tltliNiiiiiba�a� ®tl* .•,( AND A / aaeao O PO1fyT°� I(1936 0��� • �'�LI�OR���'e v.,,. eO0 S'I'ATk_ OF California COUNTY OF orange On this,/ day of3I72,0.._v d: . .y _.._......_. 20 „,.before me, °iCMV ..._ .. , v;C); tax personally appeared Sam Zaza O000000it° who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to are that they executed the same in their authorized capacity, and that by the signature on the: instrument the entities upon behalf which the person acted, executed this instrument. 1 certify. under penalty of perjury, under the laws of the State of caiae,rnirr WITNESS my hand and official seal. Signature ... that the foregoing paragraph is true and correct ,4 ; mot' ak.‘" DIANE. J. KAWt0A Notary f ublit • California orange County Commission A 2284027 My Comm, Expires Apr 29, 2023 CORPORATE CER'I'I P"ICAT I ON The undersigned. the Secretary or Assistant Secretary of CORIPOINTE INSURANCE COMPANY and DLVELOI'PRS SURETY AND INDEMNITY COMPANY. does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set tixth in this Power of Attorney are in forces as of the date of this Certification. 'Phis Certitication is executed in the City of Cleveland, Ohio. this 22 day ol'November. 2022, r^•••••- nocuSlgned by: j7 ). A4.tStrS 13v:`•••---•••rxae41,5E7aras.548c: 13aarry Vl. Moses. Assistant Secretary No. N/A 122 Bond No. 0100207 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Harbor Coating and Restoration (hereinafter designated as "Principal") have entered into an agreement dated September 5, 2023 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT, PROJECT No. 405003 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, Developers Surety and indemnity Co. , as Surety, are held and firmly bound unto the City in the penal sum of three hundred eighty one thousand seven hundred ninety nine dollars ($381,799) 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 5 I:\cmo\Agreements\I-larbor Coding and Restoration, Inc. FY22-0220.doc.jm 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 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 August 21 , 2023. (SEAL) (SEAL) Harbor Coating and Restoration Developers Surety and Indemnity Company (Contactor) BY: Mahmoud Me1'zi,(Signatture) Owner Andrew Sysyn, (Signature) ttorney-in-Fact (Seal and Notarial Acknowledgment of Surety) Address: 800 Superior Avenue E, 21 st Floor Cleveland, OH 44114 Telephone ( 877) 528-7878 6 1:\crno\Agreements\Harbor Coating and Restoration, Inc. FY22-0220.doc..jm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §11D9 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 ofCalifornia County of ) ) On before me, Date personally appeared Here Insert Name and Title of the Officer Nam*(s)ofSigner(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 underPENALTY OFPERJURY under the laws of the State ofCalifornia that the foregoing paragraph iotrue and onrx*ot. WITNESS my hand and official seal, Signature Place Notary Seal Above Signature ofNotary Public OPTIONAL ������������������������������t� fraudulent reattachment ofthis form b»anunintended document. Description of Attached Document Title nrType of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: CapaoityUea Claimed bySiQmar(s) Signer's Name: OCorporate Officer —Title(s): O Partner — O Limited O General O Individual El Attorney in Fact El Trustee O Guardian or Conservator OCther Signer |aRepresenting: Signer's Name: UCorporate Officer — Tdle(s): OPadner— OUmitad 08onnnd O Individual []Attonnoy in Fact OTruotee L]Guardian orConservator 0 Other: Signer Is Representing: 02014National Notary Association 'www.Ne!ion�.!�!oter\,.orQ`1-8UO-U8NOTARY (1-800'870'8827) Item #5A87 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 A U G 2027; before me, Maria Sysyn, Notary Public Date personally appeared Andrew Sysyn 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/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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARIA SYSYN Notary Public - California Orange County Commission # 2311715 My Comm. Expires Nov 7, 2023 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ; • '&c.xx:u ti c cve� cz cep ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OE ATTORNEY FOR CORENOINTE INSURANCE COMPANY DEVELOPERS SURETY ANi) INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7I20 KNOW An BY :rno5f_ PRESENT'S that, except as expressly limited herein, CORLPOiN Ili INSURANCE: COMPANY and DEVELOPERS SURETY ANI) INDEMNITY COMPANY, do hsrebv make. constitute and appoint: Andrew Sysyn , of San Juan Capistrano, CA as its true and lawful Attorney -in -Pact. to make, execute, deliver and acknowledge, for and on behalf of said companies. as sureties, bonds, undertakings and contracts of suretyship giving and granting unl.o said Att.orru.y-in-Faca'full power and authority to do and to perform every act necessary, requisite or proper to he done in connection therewith as each of said company could do, but reserving to each of said company fill power of substitution and revocation, and all ot'the acts of said Attorney -in -Fact. pursuant to these presents, are hereby ratified and confirmed. 'Phis Power of Attorney is effective August 21, 2023 and shall expire on December 31, 2025. 'i'his Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COR EPOiNTF INSURANCE COMPANY and DEVELOPERS SURETY ANI) INDEMNITY COMPANY (collectively, "Company") on November 3, 2022. RESOLVED, that Sam Zaza. Senior Vice President, Spret_llnderwritia)g, James Bell. Vice President, Surety Underwriting, and Cr g_ .aayson, Executive Underwriter, Surety,, each an employee of Anarust North America, Inc., an affiliate of the Company (the "Authorized Signors"), arc hereby authorized to execute a Power of Attorney, qualifying attorneys) -in -fact named in the Power of Attorney to execute, on behalf ot'the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each ofthenr hereby is, authorized to attest the execution of'any such Power of Attorney. RESOLVED, that the signature of any one of'the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such Power of Attorney; and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. 1N WITNESS WHEREOF, COR.EPOINTE. -INSURANCE COMPANY arrd DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5, 2022 By:.._... Printed Nrane' Sant Zaza 'fide. Senior Vice President, Surety 0000000000,„ �((SEAL)° .oFi-nwP'� :' ° 00'�C • 00p40 STATE OF California COUN"I'`r' OF Orange On this;" clay ofS, : 2021,.before me, ‘A v, personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. I certify. under penalty of perjury, under the laws of the State of casronaia WITNESS env hand and official seal. Signature ..._. hat the foregoing paragraph is true and correct. (."ORPORATE CERTIFU:A'FION DIANE J. KAWAtA Notary Public ' California Orange County Commission ti 2284027 y Comm. Expires Apr 28, 2 The 'undersigned. the Secretary or Assistant Secretary of (:OREPOiN'i'L INSURANCE COMPANY and D.EVI: LOP RS SUlttn's' AND iNDEMNI'I'Y COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set firth in this Power of Attorney are in force its of the dale of this Certification. This Certification is csecuted in the (::itv of (.'icvei and. Ohio. this 22 day of November. 2022. ^•oocuSigned by: 17 11 03. A&b&t,s t...........ir , . 5 $v: __.............. taun�,if.r;+oF.r„3f; Barry W. Moses. Assistant Secretary PO No. N/A Ed. 1122 Form (Rev. October2018) Department of the Treasury Internal Revenue Service Request for Taxpayer 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 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. Mahmoud Merzi 2 Business name/disregarded entity name, If different from above Harbor Coating & Restoration 3 Check following l0 appropriate box for federal tax seven boxes. Individual/sole proprietor or single -member LLC classification of the • C Corporation person whose name is I• S Corporation entered on line 1. Check • Partnership only one of the El Trust/estate 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (If any) Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) 0- Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check LLC If the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Exemption from FATCA reporting code (If any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. III Other (see instructions) ► (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 625 W. Katella Ave #5 Requester's name and address (optional) 6 City, state, and ZIP code Orange, CA 92867 7 List account number(s) here (optional) Part I 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 Social security number — — 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 or Employer identification number 3 3 0 7 4 6 4 0 3 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 forr a number to be issued to me); and 2. I 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. I 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, 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 11, later. Sign Here Signature of 72GCGy 'YWa /i U.S. person )• 144:j. General Instructions 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 ► 1 /1 /2023 • 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 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) WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities and Engineering Department MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT PROJECT No. 405003 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 V 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 31 day of August , 2023. Mahmoud Merzi (Contractor) /tzid /��G (Signature) Owner (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.) 4 I:\cmo\Agreements\Harbor Coating and Restoration, Inc. FY22-0220.doc.jm AC Via® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D IV YY) 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(s). PRODUCER Orr & Associates Insurance Services 28780 Single Oak Dr Ste 255 Temecula CA 92590 License#: 0E63493 CONTACT Certificates PHONE FAX (A/C No Ex ): 800-311-3081 (A/C, No): 800-474-3003 ADDRESS: certs@orrandassociates.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : State Compensation Ins Fund 35076 INSURED HARBCOA-01 Harbor Coating & Restoration 625 W Katella Avenue Ste 5 Orange CA 92867 INSURER B : Evanston Insurance Company 35378 INSURERC: Hiscox Insurance Company Inc 10200 INSURER D: Kemper/Infinity Select Insuran 20260 INSURER E : Associated Industries Ins. Co. 23140 INSURER F : Starstone National Ins. Co. 25496 COVERAGES CERTIFICATE NUMBER: 1757091408 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYUMM/DD/YYYY) POLICY EXP LIMITS E X COMMERCIAL GENERAL LIABILITY Y Y AES1233628 3/25/2023 3/25/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES jE PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ D AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 504-53752-6319-001 2/6/2023 2/6/2024 ( EaOMBIaccideNEDnt)SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) . $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ F X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 72569S230ALI 3/25/2023 3/25/2024 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A 92643192022 11/25/2022 11/25/2023 X STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B C Pollution Liability CrimeLlability CPLMOL113272 UC2524624822 9/26/2022 9/26/2022 9/26/2023 9/26/2023 Aggregate Aggregate 2,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate 1 of 2 Certificate is subject to policy limits, conditions and exclusions. Certificate Holder is named as Additional Insured as per attached endorsement form(s). CERTIFICATE HOLDER CANCELLATION MUED, City of Redlands Attn: Gerard Nepomuceno 35 Cajon Street, Suite 15A Redlands, CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE rt baits ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: AES1233628 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER:AES1233628 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): Location and Description of Completed Operations All persons or organizations where written contract with the Named Insured requires additional insured completed operations coverage. This form does not apply to your work on residential property Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: AES1233628 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NXGL0090809 Pagel of Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1233628 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑