HomeMy WebLinkAboutContract-BSE General EngineeringPUBLIC 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 BSE General
Engineering, 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: California Street Landfill Gas Extraction Wells, Phase 2 & 3, complete all items
as required by the Contract Documents (as herein defined) and Specifications for City's
California Street Landfill Gas Extraction Wells Phase 2 & 3 (the "Work").
2. CONTRACT SUM: City shall pay Contractor the sum of four hundred twenty-three thousand
seven hundred and twenty-six dollars and forty-three cents ($423,726.43) 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 and twenty
(120) 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.
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I;\cmo\Agreements\BSc Genera] Engineering hie FY22-0231,doe,jm
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
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above.
(SEAL)
AT I EST:
Donaldson, City Clerk
CITY OF
By:
ddie Tejeda, Mayor
(SEAL)
BSE General Engineering, Inc.
Name of Contractor
Terri So , Chief Financial Officer
Signature of Authorized Agent (if necessary)
Title
361295
Contractor's License No.
3
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Facilities and Conununity Services Department
FCS06072023NA_
California Street Landfill Gas_
Extraction Wells Phase 2 & 3
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 thc provisions of Section 3700 of the Labor Code which requires every
e ployer 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 ,S day of �(,� 2023.
BSE General Engineering Inc.
Tefrl S Clue Financial Officer
(SEAL)
(Labor Codc Section 1861 provides that thc above certificate must be signed and filed by thc Contractor with
the Owner prior to performing the work of the contract.)
4
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Issued in Duplicate
Bond Number: 1001146596
Premium: $7,627.00
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and BSE General
Engineering, Inc. (hereinafter designated as "Principal") have entered into an agreement: dated
September 5, 2023 ("Agreement") whereby Principal agrees to install and complete certain
public improvements (the "Work"), which said Agreement is identified as California Street
Landfill Gas Extraction Wells Phase 2 &3 FCS06072023NA and is hereby referred to and made
a part hereof; and
Whereas, said Principal is required under the terms of the .Agreement to furnish a bond
for the faithful performance of the Work, now, therefore, we, the Principal and,
U.S. Specialty Insurance Company , as Surety, are held and firmly bound unto the City in the
penal sum of Four Hundred Twenty Three Thousand Seven Hundred Twenty Six and 471100 dollars ($ 423,726.47 ) 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,
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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 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 7 _ 2023.
(SEAL)
BSE General Engineering Inc.
(Seal and Notarial Acknowledgment of
Surety)
I:\cmo\Agreements\BSE General Engineering Inc FY22-0231.doc jm
U,S. Specialty inskrance Company
Surety)
Barrera ttoTtiey-in-Fact (Sigxi srare)
Address: 19800 MacArthur Blvd. Ste. 1250
Irvine, Ca 92612
Telephone (949 ) 252-4400
6
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
Onlea.3 before me,
personally appeared
}
Gina L. Garner, Notary Public
(Here insert name and title or the officer)
Terri Sonn
who proved to me on the basis of satisfactory evidence to be the person{ whose
name(*) isbm subscribed to the within instrument and acknowledged to me that
IN/she/icy executed the same in kis/her/Mier authorized capacity¢400 and that by
iceisther/itatxsignature* on the instrument the person(, or the entity upon behalf of
which the persons 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.
2
Notary Public Signature
(Notary Public Seal)
ADDITIONAL OPTIONAL iNFORMIATiON
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 version w<wva.Notary':i
1,es.c+xn 800-8:r,
GINA L. GARNER
Notary Public - California z
Orange County
Commission # 2361777
My Comm. Expires Jun 18, 2025
INSTRUCTIONS FOR COMPLETING THIS FORM
This farm complies with current California statutes regarding notary wording and,
if needed should be completed and attached to the document. Acknohredgenrs front
other- stales may be completed for documents being sent to that stale so long as the
wording does not require the California notarn to violate California notary law.
• State and County infbnnation must be the State and County where the document
signer(s) personally appeared betiire the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• Tlie notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural fins by crossing off incorrect fitmis (i.c.
tredshethey, is lucre) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text Or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional inf'onmation is not required hut could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer. indicate the title ti.e. C'10, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
7
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
• Attorney -in -Fact
❑ Trustee(s)
❑ Other
tiit!ersion www.No cr r,•-
tar}^aas�r�s.catn
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
On SEP 0 7 2023 before me,
}
Gina L. Garner, Notary Public
(Here insert name end tale of the officer)
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person( whose
nam0s) ishm subscribed to the within instrument and acknowledged to me that
1u/she/fly executed the same in kis/her/030LT authorized capacity000 and that by
ilistherdbek signature* on the instrument the person*, or the entity upon behalf of
which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
GINA L. GARNER
Notary Public - California
Orange County
Commission Jt 2361777
My Comm. Expires Jun 18, 2025
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with ctarent California statutes regarding notary wording and.
if needed. should be completed and attached to the document Ackno!wedgents from
other stares may he completed for documents being sera to that state so long as the
wording does not require the California notary to violate California notary lair.
• State and County inlornution must be the State and County where the document
signals) personally appeared beibre the notary public for acknowledgment.
• Date of notarization must be the date that the siener(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural limns by crossing off incorrect forms (i.e.
he`shetthcy, is fate ) or circling the correct forts. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must he clear and photographically reproducible.
impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public oust match the signature on file with the orrice of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and dote.
Indicate the capacity claimed by the signtn, 1f the claimed capacity is a
cotporatc officer. indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
TOKIO MARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS; That American Contractors Indemnity Company, a California corporation, Texas Bonding
Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation
and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute
and appoint;
JANINA MONROE, MICHELLE HAASE, MARTHA BARRERAS or RACHEL A. MULLEN
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances,
undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,
providing the bond penalty does not exceed *"" UNLIMITED ***** Dollars
(***** UNLIMITED "*"*" ). This Power of Attorney shall expire without further action on April 23d, 2026. This Power of Attorney is granted
under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be It Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any
and all bonds, recognIzances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents
for the release of retained percentages and/or final estirnates on engineering and construction contracts, and any and all notices and documents
canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon
the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any
certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
lain day of April 2022.
State of California
County of Los Angeles
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY
UNITED STATES SURETY0G0 PANY 3.14§4PECIAL,PPIN§URANCE COMPANY
,ACTOR i0 lig 0 essk- ?-1.4.P.ee
,-----
• - ,?„ NV,
... I IWPIPOW CO
25,11K0
By:
4:6Pe" Daniel P. Aguilar, Vice President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
On this 18th day of April 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seat)
5,0441Arr3. CAREX
&vary PAlic - Cafifotn
LLA Angeles twiny
Y Ccorm EsP(rin*, 7). Z026
Camrriscion 2398710
— — —
I, Kio Lo, Assistant Secretary bf American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty insurance Company, do hereby certify that the above and foregoing is a true arid correct copy of a Power
of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this
7th day of September , 2023
Corporate Seals
•
Bond No. 1001146596
Agency No. 19268 - PDF POA
visit tmhcc.cornisurety for more information
Kio Lo, Asskr Secretary
HCCSMANKJA02/2023
Issued in Duplicate Bond Number. 1001146596
Premium: included in performance bond
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and BSE General
Engineering, 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 September 5, 2023, and identified as
California Street Landfill Gas Extraction Wells Phase 2 &3 FCS06072023NA 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
Four ,1-1 edTwentyThreeThousand dollars ($ ) for materials furnished or labor
Procedure in the sum of Seven Hundred TwentySxand 4A700 423.726.47
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 September 7 , 2023.
(SEAL) (SEAL)
BSE General Engineering Inc. U.S. Specialty Insurance Company
actor) ( ety)
/ne-K_} BY: A(;Al O
i ature) Martha Barreras, Attorney-In-Fact(nature)
Address: 19800 MacArthur Blvd. Ste. 1250
(Seal and Notarial Acknowledgement of Surety) Irvine, Ca 92612
7
I:\cmo\Agreements\BSE General Engineering Inc FY22-0231.doc jm
Telephone: (949 ) 252-4400
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
SEP 0 7 2023
On before me, Gina L. Garner, Notary Public
(Here insert name and title of the officer)
}
}
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person} whose
name0s) ishkin subscribed to the within instrument and acknowledged to me that
RR/she/they executed the same in kis/her/their authorized capacityORRX and that by
iiisdher/ signature* on the instrument the persons*, or the entity upon behalf of
which the person* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
i 1
Nota
ADDITIONAL OPTIONAL INFORMATION
)
Public Signature
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
RI Attorney -in -Fact
❑ Trustee(s)
❑ Other
zi)15 Version i ow.Notaiyclzsses..
80e
GINA L. GARNER
Notary Public - California
Orange County
Commission It 2361777 r
My Comm. Expires Jun 18, 2025
(Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
This form conphes with current California statutes regarding notary wording and.
if needed. should be completed and attached to the document. Acknohredgents from
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary lair.
• State and County intirnnation must be the State and County where the document
stencils) personally appeared bet re the notary public fbr acknowledgment.
• Date of notarization must be the date that the siencr(s) personally appeared which
MUM also he the saute date the acknowledgment is completed.
• 'The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forts by crossing off incorrect fonns (i.e.
he;she/they, is lure ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection or document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient arca permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of panes and date.
• indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signet) document with a staple.
TOKIO ARINE
Fi C C
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding
Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation
and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute
and appoint:
JANINA MONROE, MICHELLE HAASE, MARTHA BARRERAS or RACHEL A. MULLEN
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances,
undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,
providing the bond penalty does not exceed **"* UNLIMITED ***** Dollars
UNLIMITED "****). This Power of Attorney shall expire without further action on April 23rd, 2026, This Power of Attorney is granted
under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any
and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and at consents
for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents
canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon
the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of arty authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any
certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
18th da-
y of April 2022.
State of California
County of Los Angeles
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY
UNITED SIATES„SUREVoCCOVANY 1.1484PECIAL4WIN§URANCE COMPANY
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By:
Daniel P. Aguilar, Vice President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
On this 18th day of April 2022, before me, Sonia O. Garrey), a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature an the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
SONin CAREX
Homy Puric- Cafiforni5
angetes Conri
My OMR. D(01'0 IMY 2076
3141_10
I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this
7th day of September 2023
Corporate Seals
Bond No. 1001146596
Agency No. 19268 - PDF POA
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HCCSMANP0A02/2023