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Contracts & Agreements_38-2024
PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 20t1' day of February, 2024, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Elegant Construction Inc. a California corporation (hereinafter "Contractor"). City and. Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Redlands Fire Station No. 262 Remodel Project, FCS11072023JN, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Redlands Fire Station No.262 Remodel Project, FCS11072023JN (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of two million one hundred sixty thousand dollars ($2,160,000) 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) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" 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 working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" 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 1 I:\cmo\Agreements\Elegant Construction Inc. FY23-0028.docx-rns addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code 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. 2 I:\cmo\Agreements\Elegant Construction Inc. FY23-0028.docx-ms IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. (SEAL) ATTEST: Donaldson,` City Clerk CITY OF By: ddie Tejeda, Mayor Samer Al Hakim Name of Contractor By: (SEAL) Signatu of Authorized Agent President Title Signature of Authorized Agent (if necessary) Title 1053447 Contractor's License No. 3 I:\cmo\Agreements\Elegant Construction Inc. FY23-0028.docx-ms WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Facilities and Community Services Department Redlands Fire Station No.262 Remodel Project Project No. FCS 11072023JN 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 5 day of fe b , 2024. Elegant Construction Inc. C • j i actor) President (SEAL,) (Signature) (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 1:\cmo\Agreements\Elegant Construction Inc. FY23-0028.docx-ms Bond No. GSA0700020 Premium: $25,100.00 Subject to Change Based on the Final Contract Price FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Elegant Construction Inc. (hereinafter designated as "Principal") have entered into an agreement dated February 20ti', 2024 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Redlands Fire Station No.262 Remodel Project 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 two million one hundred sixty thousand dollars ($2,160,000) 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, finely 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 5 I:\ctno\Agreements\Elegant Construction Inc. FY23-0028.docx-ms conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall 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 7th , 2024. (SEAL) Elegant Construction, Inc. ontractor) (Sinature) (Seal and Notarial Acknowledgment of Surety) y BY: 6 I:\cmo\Agreements\Elegant Construction Inc. FY23-0028.docx-ms The Gc Casualty & Surety Company (SI§, , •.re Christina Rogers, Attorney -in -Fact Address: c/o Performance Bonding Surety & Insurance Brokerage 15901 Red Hill Avenue, Suite 202 Tustin Califomia 92780 Telephone ( 714 ) 505-7011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On FEB 0, 7 2024 , before me, Albert Melendez , Notary Public, personally appeared Christina Rogers who proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that life/she/thy executed the same in his/her/tlYeir authorized capacity(ixs), and that by As/her/their signature( on the instrument the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBMi Notary PublicERTELENDEZ - California Orange County • Commission 4 2391461 My Comm. Expires Jan 23, 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: Performance Bonding 01/02/2024 14:51 3524580617 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GSA0700020 Principal: Elegant Construction, Inc. Project: Redlands Fire Station No. 262 Remodel Project, Project No. FCS11072023JN KNOW ALL BY TI-IESE PRESENTS, TIIAT 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: Melissa Lopez, Jennifer Anaya, Joaquin Perez, Albert Melendez, Chrisina Rogers, and Erik Johansson of Tustin, 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 26a' day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER. RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4tt' day of November, 2022. State of Louisiana ss: Michael T. Gray President The Gray Insurance Company Cullen S. Piske President The Gray Casualty & Surety Company Parish of Jefferson On this 4'1' 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. Leigh Anne Hlenican Notary Public Notary ID No, 92653 Orleans Parish, Louisiana k.6 M4& vv\-_ Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 7th day of February , 2024 Plial#41444--pw-4 I, Leigh Anne I-Ienican, Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 7th day of February , 2024 . dit.)1/41Ar--) k,\ -OW covu— THE rej IRAY SURETY The Gray Insurance Company The Gray Casualty & Surety Company Telephone: 504-780-7440 P.O. Box 6202 info@graysurety.com Metairie, LA 70009 Surety Bond Seal Addendum In response to the logistical issues associated with the Covid-19 pandemic, The Gray Insurance Company and The Gray Casualty & Surety Company, (individually, the "Company" and collectively, the "Companies") have authorized the Attorneys -in -Fact named on the Power of Attorney attached hereto and incorporated herein by reference to affix the Companies' seal to any bond executed on behalf of the Companies by any such Attorney -in -Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by such Attorney -in -Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this 1" Day of January 2021 By: URA.N CF �P�t Y•a••S`RF` SEAL SEAL o Ot. b 6b/J Cullen S. Piske President, The Gray Casualty & Surety Company Attorney -in -Fact, The Gray Insurance Company Bond No. GSA0700020 Premium Included in Cost of the Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Elegant Construction 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 February 20t1,, 2024, and identified as Redlands Fire Station No.262 Remodel Project, FCS 11072023JN 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 two million one hundred sixty thousand dollars ($2,160,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the salve shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on February 7th , 2024. (SEAL) Elegant Construction, Inc. Contractor) \\aprilss (Signature) (Seal and Notarial Acknowledgement of Surety) 7 1:\cmo\Agreements\Elegant Construction Inc. FY23-0028.docx-ms (SEAL) The Gray Casualty & Surety Company BY: (Sign Address: c/o Performance Bonding Su & Insurance Brokerage 15901 Red Hill Avenue, Suite 202. Tustin, California 92780 Telephone: ( 714 ) 505-7011 JP�TY'$•SU,p • •� SEAL )3 ristina Rogers, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On FEB 0. 7 2024 , before me, Albert Melendez , Notary Public, personally appeared _ Christina Rogers who proved to me on the basis of satisfactory evidence to be the person(x) whose name() is/ge subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/their authorized capacity(ixs), and that by his/her/their signature(s) on the instrument the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBERT MELENDEZ Notary Public - California OrangeCounty Commission d 2391461 my Comm. Expires Jan 23, 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: Performance Bonding 01 /02/2024 14:51 3524581617 TFIE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GSA0700020 Principal: Elegant Construction, Inc. Project: Redlands Fire Station No. 262 Remodel Project, Project No. FCS11072023JN KNOW ALL BY TIHESE 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: Melissa Lopez, Jennifer Anaya, Joaquin Perez, Albert Melendez, Chrisina Rogers, and Erik Johansson of Tustin, California jointly and severally on behalf of each of the Cotnpanies 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 Cotnpany and The Gray Casualty & Surety Company at meetings duly called and held on the 26'l' 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 FUR'rl-IER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hercinto affixed, and these presents to be signed by their authorized officers this 4'1' day of November, 2022. Michael T. Gray President The Gray Insurance Cotnpany ss: Cullen S, Piske President The Gray Casualty & Surety Company Parish of Jefferson On this 4'1' 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 Cotnpany, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Leigh Anne 1•fenica.n Notary Public Notary ID No.92653 Orleans Parish, Louisiana lNwoz f1M C Leigh Anne Ilenican Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Mangano, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Cotnpany this 7th day of February , 2024 I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company �this A r7thnday of February , 2024 qr—) ji�t�� �p�VV'lvV`.,5UR'�y iJ UWIA` lam;' ......... p� �y� ..............9� 1 SEAL .Iv l SEAL j3 THE TRAY SURETY The Gray Insurance Company The Gray Casualty & Surety Company Telephone: 504-780-7440 P.O. Box 6202 info@graysurety.com Metairie, LA 70009 Surety Bond Seal Addendum In response to the logistical issues associated with the Covid-19 pandemic, The Gray Insurance Company and The Gray Casualty & Surety Company, (individually, the "Company" and collectively, the "Companies") have authorized the Attorneys -in -Fact named on the Power of Attorney attached hereto and incorporated herein by reference to affix the Companies' seal to any bond executed on behalf of the Companies by any such Attorney -in -Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by such Attorney -in -Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this 1st Day of January 2021 ? S U R• A N 0 yoP�`.Y. B.,S`R F '° SEAL io11 SEAL .a , .aa • , •. is m:_ By: 4L2 Cullen S. Piske President, The Gray Casualty & Surety Company Attorney -in -Fact, The Gray Insurance Company Form im..91Request (Rev. October2O18) Revelment aftheTreesar InienalRem3aa.e for Taxpayer Identification Number and twGototelewrs.gw!Fo mW9ffor" and the latest 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 irrxwnte tax return). None is rem on this tine; do not leave this line bland. Elegant Constwolion klc. 2 Business nameasregarded entity nave, if earn from above 3 Check appropriate box tier tax of the person whose name is alteredare tii ee 1_ Check only one the followingseven boxes. ❑ individual/Sole proprietor or ❑ C Corporation 0 S Corparagen Partnership ❑ Tntstlestate single -member LLC 4 ExempliWts (codes apply only to cto entities, not: • - see instructions on page 3): Exempt payee code Of Q tad latiRy company_Er rthetax S S corporation,l ai letShit4r Notre Check ttte appropriate box in the laze Save for the tax classilicalion of the, Miler- Do not check LLCif the LLC is chiseled as a singlemember LLC that ,s dleregarded from the owner unless the owner of the ILC is another Lie that is not oftwegarded from the owner for U.S. federal tax peewees, Offoenvise,, a single -member LW that. Emamplion from FATCA reporwe code (lany) is disregarded from tfee oamer should check the appropriate box for doe tax"ion of its owner. ❑ Other fie" ► •, oetts6 5 Address (n rrlaer. streets and apt or same no.) See ins oral. 188 TDr. N Regyesters name and ero (optional) 6 city, stla a and BP code llrvfne , CA 92618 7 List account newnber(s) here art I . Taxparyer Identification Nurni. r (87N) Enter }roar TIN in the The 11N provided must match the name given ore 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 geta sociall secuthitff Ilturzber — later. i1 If the account is in more than one name, see the instructions for One 1_ Number To Give the Requester for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) i am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that 1 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 II, later. see What Name arm or Employer ederdificahon member 3 2 5 8 1 6 4 Sign Here person Samer AI Hakim 02-09-24 Dale 10- 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 retum the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage nterest), 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 retum 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 VV-9 (Rev. 10-2018) ELEGCON-01 DIANNA ACC7/s'bR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 2/9/2024 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 AssuredPartners of California Insurance Services, LLC, 2913 S. Pullman Street Santa Ana, CA 92705 CONTACT NA E: PHONE , Ext): (949) 769-3100 I FAX 9 (A/c, Ne):( 49) 769-3930 E-MAIL ADD Ess. INSURER(S) AFFORDING COVERAGE NAIC I/ INSURER A : Hamilton Select Insurance Inc. 17178 INSURED Elegant Construction Inc. 188 Technology Dr. Suite N Irvine, CA 92618 INSURER B : Infinity Select Insurance Company 20260 INSURER c State Compensation Insurance Fund 35076 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE 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 WITFI 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 LTRINSD TYPE OF INSURANCE ADDL SUER WVD POLICY NUMBER POLICY EFF IMM/DD/YYYYI' POLICY EXP IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY PCHS264269-01 8/22/2023 8/22/2024 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'LAGGREGATE P POLICY OTHER: x LIMIT APPLIES PRCOT- PER: LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS 504-61019-4275-001 10/11/2023 4/11/2024 (EOa acccidennt) INGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Peer accldentAMAGE $ A X UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE XCHS264312.01 8/22/2023 8/22/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ C AND EMPLOYERS COMPENSATION Of FICER/MEM ORS/PARTNE /E ECUTIVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N 1 A 9314872-2023 3/23/2023 3/23/2024 X STATUTE OTERH- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mo e space Is required) Cert ficate Holder(s) are named as additional insured with respect to the General Liabi ity per the attached and a waiver of subrogation applies, this Insurance is Primary & Non -Contributory, the certificate holder(s) are also named as additional insured and a waiver of subrogation applies, Workers Compensation waiver of subrogation applies per the attached when required by written contract for the following project: 30 Day Notice of Cancellation / 10 Day for Nonpayment Project: Redlands Fire Station No, 262 Remodel Project CERTIFICATE HOLDER City of Redlands yACCORDANCE 35 Cajon St. #200 Redlands, CA 92373 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE�t ,/,,rolZd".......„ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PCHS264269-01 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization when you have agreed in a written and executed contract, prior to an "occurrence", that such person or organization be added as an additional insured on your policy. All locations for which you have agreed in a written and executed contract prior to an "occurrence". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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", "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(s) at the location(s) designated above, However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. 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 subcontractor engaged in performing operations for a principal as a part of the same project, CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 1219 POLICY NUMBER: PCHS264269-01 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization when you have agreed in a written and executed contract, prior to an "occurrence", that such person or organization be added as an additional insured on your policy. All locations for which you have agreed in a written and executed contract prior to an "occurrence". Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. 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 damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG20371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: PCHS264269-01 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: Where required by written contract or written agreement. 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 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS -COMPLETED OPERATIONS LIABILITY COVERAGE It is understood and agreed that the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 4. Other Insurance, a. Primary Insurance: SCHEDULE Person(s) or Entity(ies): If no entry appears above, this endorsement applies to any person or entity that qualifies as an Additional Insured under this policy Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to any Person(s) or Entity(ies) shown in the SCHEDULE above you are required by written contract to add as an Additional Insured provided that: 1, The Additional Insured is a Named Insured under such other insurance; and 2. You have agreed by written contract that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. However, the insurance provided under this endorsement will not apply beyond the extent required by such contract. All other terms, conditions and exclusions remain unchanged. HSC4111 (07/22) Pagel of l PC]HS2642269 O1 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following is added to this policy: SCHEDULE Maximum Aggregate Limit: $5,000,000 SECTION III - LIMITS OF INSURANCE is amended with the addition of the following: The General Aggregate Limit applies separately to each "project" of the Named Insured. Notwithstanding the application of the General Aggregate limit to each "project" of the Named Insured, under no circumstances will we pay more than the Maximum Aggregate Limit shown in the SCHEDULE above for all claims arising out of all "projects" as applicable under this policy. SECTION V - DEFINITIONS, is amended by adding the following: "Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, change orders or work done at multiple locations under one contract are not separate "projects" within the meaning of this coverage. All other terms, conditions and exclusions remain unchanged. HSC4402 (06/22) Page 1 of 1 ENDORSEMENT AGREEMENT STATE COMPENSATION 1 N SURA NCE.:: FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE MARCH 23, 2023 AT 12.01 A.M. AND EXPIRING MARCH 23, 2024 AT 12.01 A.M. ELEGANT CONSTRUCTION INC 188 TECHNOLOGY DR STE N IRVINE, CA 92618 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORE, UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9314872-23 RENEWAL NA 8-86-06-70 PAGE 1 OF 1 NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED, NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: e4 2572 AUTHORIZED REPRESENT SCIF FORM 10217 IREV.4 2010I MARCH 27, 2023 IVE PRESIDENT AND CEO OLD DP 217 ELEGANT CONSTRUCTION INC 15375 BARRANCA PKWY STE J-103 IRVINE, CA 92618-2217 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED_ ELEGANT CONSTRUCTION INC: Thank you for your payment on your City of Redlands Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business tax certificate, contact the Business Tax Support Center via email at: Redlands@hdlgov.com or by telephone at: (909) 479-2111. Keep this portion for your tax certificate separate in case you need a replacement for any lost, stolen, or destroyed tax certificate. A fee may be charged for a replacement or duplicate tax certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of Redlands Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the city limits of City of Redlands, please display the Business Tax certificate above in a conspicuous place at the premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view upon any cart, vehicle, van or other movable structure or device at all times if required by the Collector. Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/. BUSINESS SUPPORT CENTER 8839 N CEDAR AVE #212 FRESNO, CA 93720-1832 ELEGANT CONSTRUCTION INC 15375 BARRANCA PKWY STE J-103 IRVINE, CA 92618-2217 City of Redlands BUSINESS TAX CERTIFICATE Certificate Number: 08134869 Date of Issue: 02/07/2024