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HomeMy WebLinkAboutContracts & Agreements_93-2024PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is :made and entered into this 21 st day of May, 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 Metrocell 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: Community Park Sports Lighting, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Community Park Sports Lighting Project, Project No. FCS05192023KG (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of Five Hundred Seventy -Six Thousand, Four Hundred Sixty -Nine Dollars and Twenty -Six Cents ($576,469.26) 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 ($500.00) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500.00) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the "Contract Documents"). 6. ATTORNEYS° FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 1 l:\cmo\Agrccmcnts\Metroccil Construction, Inc. Public Work Contract FY23-0036.docx-ms 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 noticerequirements 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 T:\cmo\Agreements\Mctroccll Construction, Inc. Public Work Contract FY23-0036.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 (SEAL) Metrocell Constructi Name o By: Signal re of Authorized Agent 6 James Culwell, President Title Signature of Authorized Agent (if necessary) Title 829469 Contractor's License No. 3 T:\cmo\Agrccmcnts\Mctroccll Construction, Inc. Public Work Contract FY23-0086.docx-ms WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Facilities & Community Services Department FCS05192023KG Community Park Sports Lighting 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 day of i �, 2024. Metr ell Cuns nay Co riiiihWr (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\Agrccmcnts\Mctroccll Construction, Inc. Public Work Contract FY23-0086.docx-ms FAITHFUL PERFORMANCE BOND NO. 1001206653 PREMIUM: $11,529 Whereas, the City of Redlands ("City"), State of California, and Metrocell Construction, Inc. (hereinafter designated as "Principal") have entered into an agreement dated May 21, 2024 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Community Park Sports Lighting Project, Project No. FCS05192023KG 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, Metrocell Construction, Inc., the Principal, and American Contractors Indemnity Company, as Surety, are held and firmly bound unto the City in the penal sum of Five Hundred Seventy -Six Thousand, Four Hundred Sixty -Nine Dollars and Twenty -Six Cents ($576,469.26) 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: I. Complete the Work in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, 5 I:\cmo\Agreements\Metrocell Construction, Inc. Public Work Contract FY23-0086.docx-ms NO. 1001206653 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 terns 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 May 9 , 2024. Metr ons n, In (Signature (SEAL) (SEAL) American Contractors Indemnity Company BY: aGr (Surety) Blake A. Pfister, Attorney -in -Fact Address: 801 South Figueroa Street #700 Los Angeles, CA 90017 (Seal and Notarial Acknowledgment of Telephone ( 800 ) 486-6695 Surety) 6 C\cmo\Agreements\Metrocell Construction, Inc. Public Work Contract FY23-0086.docx-ms CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otherofficer 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 May 9, 2024 Date } before me, L. Nahina Pfister, Notary Public Here Insert Name and Title of the Officer personally appeared Blake A. Pfister 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. L. NAHINA PFISTER Notary Public - Califomia Orange County Commission # 2479518 My Comm. Expires Jan. 13, 2028 Place Notary Seal and/or Stamp 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. Signatur OPTIONAL Signature o of , Public 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: Bond 1 0 01 206653 Document Date: May 9 , 2 0 2 4 Number of Pages: Signer(s) Other Than Named Above: N/A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Corporate Officer — Title(s): o Partner — 0 Limited 0 General ❑ Individual Attorney in Fact ❑ Trustee. ❑ Guardian or Conservator ❑ Other: Signer is Representing: American Contractors Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual ❑ Trustee O Other: ❑ Attorney in Fact ❑ Guardian or Conservator Signer is Representing. ©2019 National Notary Association TOKIO MARINE": HCC , ATTORNEY, AMERICAN.CONTRACTORS INDE.MNII:TY°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 ofAmerican Contractors: Indemnity; Company UnitedjStates::Surety Company, a Maryland; corporation; and .U. S Specialty;: Insurance:; Company, a Texas corporation.;(coltectively;:;the "CompaniiesiTi:do by these presents make, constitute and appoint: Blake A. Pfister. of Mission Viejo, California its true:and lawful Attorney(s)in. fact,• each in`their.separate. Capacity if more_than.o;ne 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, 'reeognizances, undertakings or other instruments or contracts of suretyship to include "riders, amendments, and consents of surety, providing the:.bond penalty_does not exceed *****Five Million****** Dollars * `5 000,000.00*** This Power •of Attorney shall `expire without furtheraction on April.2312026. This;:: Power-of;:Attorney. is: granted Grader 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:tte following:. -provisions: • 'Attorney:`in-Fact maybe:given full power and authority for. and: in the name. of and ort behalf of the Company, to execute;: acknowledge and deliver, and°all bonds, recognizance§, contracts, agreements or indemnity and Other conditional or obligatory undertakings; including anyand all 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 • ae'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,"ti is ,. • , .18tod.ay of April :2022, • AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED ST,.AIT..ER$,SU. RE. TJrX5C1,CY ONZXi nPA. NY `°.vtti. Srp,PE.. CIA.�9 $U�. RANCE COMPANY State of California County of Los Angeles .;Notary Public or otherl:.officercompleting.tlis: certificate' verifies only' the identity of the individual who':signed the document to :: which this certificate is attached; and not fhe',trufhfulness; accuracy, or Validity of that document On this 18th day ofApril 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 Corripany who:proved to:me on the:,basis of ,satisfactory evidence: to be the person whose name is subscribed to the withininstrument 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:entityupon behalf of which the person acted;. executed the instrument: ;; Daniel P. Aguilar, Vice President I certify under PENALTY OFPERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my liand and official seal NutAublic• California. . .. . CARREJO ngo N 2198 Commission 10 *Comm. 2.xplres Apr 23, 2026 Signature (seal) I,_: Kio_ l o, Assistant Secretary,;:, _ American;, Contractors; ,l.ndemnity Company;';: Texas . Bonding Company,; IllUnited States Surety Company and US. 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: handand effixe;d the seals of; said Companies at LOS Angeles,.California this 9 ... day of Ma. �' : :. 0 2 4 Corporate Seals ,,`o;'tn"'.??"' p- 10012.0.6653 ;Bond No. Agency No. " 3074 visit tnibcc.coni/surety for more information: Kio Lo, Assii twit Secretary • I ICCSMANP0A02{202 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Berrnardino On May 17, 2024 before me, Lisa Y. Serrano, Notary Public Were insert name and title of the officer) personally appeared James Culwell 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. WITNES . i y • d and official seal. Signatur • ,-. r LISA YOLANDA SERRANO ��. Notary Public - California San Bernardino County Commission # 2332885 My Comm. Expires Sep 1, 2024 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Faithful Performance Bond (Title or description of attached document) City of Redlands (Title or description of attached document continued) Number of Pages 2 Document Date 05/09/24 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) O Attorney -in -Fact ❑ Trustee(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outride of California. In such instances. any alternative acknowledgment verbrage as may be putted on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before 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. • 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 forms by crossing off incorrect fortes (i.e. he/she/they, is /ere ) 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 teat 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 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 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 signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com LABOR AND MATERIAL BOND NO. 1001206653 PREMIUM INCLUDED WITH PERFORMANCE BOND Whereas, the City Council of the City of Redlands, State of California, and Metrocell 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 May 21, 2024, and identified as Community Park Sports Lighting Project, Project No. FCS05192023KG is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing 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 Five Hundred Seventy - Six Thousand, Four Hundred Sixty -Nine Dollars and Twenty -Six Cents ($576,469.26) 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 Ma 9 , 2024. (SEA Metro (Signature (Seal and Notarial Acknowledgement of Surety) (SEAL) American Contractors Indemnity Company BY: t](Surety) Blake A. Pfister, Attorney -in -Fact Address: 801 South Figueroa Street #700 Los Angeles, CA 90017 Telephone: ( 800) 486-6695 7 C\cmo\Agreements\Metrocell Construction, Inc. Public Work Contract FY23-0086.docx-ms CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otherofficer 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 May 9, 2024 before me, L. Nahina Pfister, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister 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. L. NAHINA PFISTER . ;' • Notary Public - California �.? Orange County Commission # 2479518 My Comm. Expires Jan. 13, 2028 Place Notary Seal and/or Stamp 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. Signatur OPTIONAL ▪ Signature of ublic 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: Bond 1001206653 Document Date: May 9, 2024 Number of Pages: Signer(s) Other Than Named Above: N /A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister Signer's Name: ❑ Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Partner — ❑ Limited 0 General ❑ Individual I& Attorney in Fact 0 Individual ❑ Attorney in Fact ❑ Trustee. 0 Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: American Signer is Representing: Contractors Indemnity Company ©2019 National Notary Association TOKIO MARC'NE ....... .......................... HCC POWER OF ATTORNEY AMERICANCONTRACTORS; INDEMNITYOMPANY :TEXASBONDING 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 ofAmerican Contractors: Indemnity.: Company, United States Surety Company, a Maryland; corporation and .U,S. Specialty, lns`urance.Company, a Texas corporation (collectively, the '"C:ompanies"), do by these presentsimake, constitute, and appoint: Blake A. Pfister of Mission Viejo, California Its true: and lawful Atter..ney(s)tin.tfact each in;their separate capacity if more than one is;: named a ove, wi fu.. poweran : au ority: hereby conferred in its`name,'place and stead, to execute, acknowledge and deliverany and' all bomds, :recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, * :providing the bond penalty: clop not exceed::. ._::,: .:: *****Five.Million****** Dollarrs *** *** :.:This Power of Attorney shall'expi:rewithoutfurtheraction;on April 23`tl 2026. This Power:.of Attorney, i5 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 Wowing:: 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, acknowiedge and deliver, any andel' bonds, redodhizances, contracts, agreements or indemnity arid 'other conditional or obligatory -Undertakings; including any and .all 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 ;any authorized officer and seal of the Company _heretofore •or. hereafter affixed to any power of attorney or any certificate relating 'thereto`byfacsirnile and any power of attorney'br 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. tt.N WITNESS WHEREOF;; The:C;ompanies have causedi,this rinatrument to. be;;signed arid their• corporate seals to be l ereto. affixed, this• 180day of April 2022, AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STAT $i,,SURET�(„p ON1PANY Se,,,S,PECIALj t INSURANCE COMPANY p, $ 9UQ �9 \o5VrN ' ��:.:.......S,'y ,,�N ...:...... C `SE ..,Fps,% .�y`��;(,.... ,r+oe ::State of California: County of Los Angeles Daniel P. Aguilar, Vice President .A Notary Putalic or other:::officet_completing:this oettificate verifies only the identity of -the individualrwho signed the documenf to: ':which this certificate is attaohed; 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 o American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company whoproved to me:on:the basis of: satisfactory evidence to be the. person:,whose name is subscribed to;the:within:instrument and acknowledged to m that .he: executed the, same i;n 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 myhand and Official seal a .CAR:EJO.... .........: .::.... ........... � 2�otry � mIt • ca�i2oro(A. :, ,t i,es An4etes County Comssian 8 2398 ml 10 -' *Comm. Expires Apr 23, 2026 Signature (seal) AssistantAmencan„ contractors ndemnity Company,,;Texas: Bonding CompanyrUnited: 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 rn of Attoey, 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 : j' have" hereunto set:My,; hark:Franck affixed the Seals of: said; Companies at Los Angeles, California this 9th day of May 2024 Corporate Seals Bond No. 1001206653, Agency No. 3074 visit tmhoc,com/surety for more information • Kin Lo,t Secreterir HCC .MAiJPOAo2/2023.: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Berrnardino On May 17, 2024 before me, Lisa Y. Serrano, Notary Public (Here insert name and title of the officer) personally appeared James Culwell 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. WITNE Signature P d and official seal. (Notary Seal) LISA YOLANDA SERRANO Notary Public - California 1. San Bernardino County Commission # 2332885 My Comm. Expires Sep 1, 2Q24 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Labor and Material Bond (Title or description ofattached document) City of Redlands (Title or description of attached document continued) Number of Pages 1 Document Date 05/09/24 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) IA Corporate Officer President (Title) ❑ Partner(s) El Attorney -in -Fact O Trustee(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. !n such instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the nattily to do something that is illegal for a notary in California (i.e. certifj,ing the authorized capacity of the signer). Please check the document carefidly for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before 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. • 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 signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fortns (i.c. he/she/they, is lore ) 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 seat impression smudges, re -seal if a sufficient area pcnnits, 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 pages 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 signed document 2008 Version CAPA v 12.10.07 800-873-9865 mvw.NotaryClasses.com