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HomeMy WebLinkAboutContracts & Agreements_04-2025PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 21 st day of January, 2025, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and (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, the City and Contractor agree as follows: SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Provide labor and materials to install guardrail systems at Industrial Park Drive & Alabama Street, Kansas Street & Park Street, Grove Street & Sylvan Boulevard, and Tennessee & the I10 Freeway, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of one hundred seventy-four thousand, six hundred dollars ($174,600.) 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. TIME FOR COMPLETION: The Work shall be completed within (30) calendar days from and after the date of City's issuance of a Notice to Proceed to Contractor. 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 ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that dollar ($) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the "Contract Documents"). 6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000) or less shall bemade 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 MetroCell_Construction-FY25-0001-j m 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. MetroCell_Construction-FY25-0001-im IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. CITY OF REDLAND (SEAL) Mario Saucedo, Mayor ATTEST: JebWDonaldson, City Clerk (SEAL) Metrocell Name of ( Signature of Authorized Agent Title Signature of Authorized Agent (if necessary) Title VC, 4(p 1 Contractor's License No. MetroCell_Construction-FY25--0001-j rn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Facilities & Community Services Department FCS10162024KG Guardrail Installation 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. ruRrK ONF. x 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 13th day of January , 2025. Metro 1 Co truction Inc. otractor) (Signature) Presi nt (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 perfonning the work of the contract.) MetroCell_Construction-FY25-0001 jm LABOR AND MATERIAL BOND NO.1001231065 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 January 21, 2025, and identified as FCS10162024KG — Guardrail Installation 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 One Hundred Seventy -Four Thousand, Six Hundred Dollars and Zero Cents ($174,600.00) 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 January 9 2025. (SEAL) (C (Signature) (Seal and Notarial Acknowledgment of Surety) MetroCel!_Construction-FY25-0001 ym (SEAL) American Contractors Indemnity Company �1 BY: (Surety) i ! (Signature) Address: 801 South Figueroa Street 4700 Los Angeles, CA 90017 _ Telephone: ( 800 ) 486-6695 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe 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 January 9, 2025 —beforeme, 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 Comm. Expires Jan. 13, 202i Lme i Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notavutic yr rv114rxL- 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: Band 10 01 2 310 6 5 Document Date: January 9, 2025 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): ❑ Partner — ❑ Limited ❑ General ❑ Individual X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing -American Contractors Indemnity ComDanv ©2019 National Notary Association Number of Pages: Signer's Name: ----- ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited ❑ General q Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: its true,and lawful-Attorney(s)-in4act, a here by conferred in its, name, place and 'or other lnstrunrvbnts'ocontracts of penalty does not exceed This Power of Attomev shall exDire with( the if chore thamone is°named alobve,'with full 0ower.and authority and dellveriiimyaid all bonc1tr6coq__nJzam_lch es, undertaga- amendments, and _ consents'of surety,' providing the biarid ... �* Dollars ( 812028. This Power of Attorney is granted under and by authority ordpasidant; I any Secretary` driny Asslsb6tS e6ralar/-shell'be arid is hereby vested with full power and authority to appoint any one or more suitable persons as Attorhey(s)'In-Fact to represent and actfor-and on behalf of the Company subject to the following provisions: Afforney-in-Factmay be given full power and authority forgrid In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and at) bonds, recognizane6s, contracts, agreements or Indemnity,and other d6tidillondFor-ob-Ig atory'undertakings,4noludino anyand--allconsents as andfor-linal estimates on tracts, and-ary'and all troft0es"and documents t 6 release,o retard- percenfal) eerIng and construction con-_ -the Company's liability I t I hereunder,- and any such instruments so exeicut6dby ainy such Atildfiney-lirv-Vact shiallhbabin canceling or termfirating ding 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 certflidate relating thereto by fia0siftlifte and any power of aftorn6y-or certificate hearing facsimile signature or facsimile seal shalfi[Eie binding 4 u h any aking towhiebitis attached, upon the Company with respect,tq bond or uriOrt IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this -i­oay0Tl-qoruary,,euzq_ ........ -C6NTRACT6kS DFWNITY &OMPANY, TEXAS -0 JAVI q1 N -SUN 1',;, ol 1,knkvt, Wo, AMERIOAN IN -1.9 -STAI 0 BONDING COM PANY, UNITED A roR ruq SURIRTYCOMPANY,_ U.S. SPECIALTY INS RANde COMPANY U 0­0 Z_ tr Sy: Vj�, ., ­­, , N, � W A'. -Danjel P. Aplef, V106 President- . . ......... ... ...... 0ueN0 :� e 1*, OF1 ,,� , - "', -'*- ,,- -7 c. ------ this certificate is attached, and not the truthfulness, accuracy, or validity of that document I ca it I ify-Under PENALTY OF PERJURY under theJows-of theState of Ce WITNESS my hand and offig4l seal. J L11 as '-Bond-No. Agency No. opmpo HT '11W I0 No ....... ...... Hf'd8MANP0A02M02,4 _visittmhc c.cornwirety for more information � CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Berrnardino On January 13, 2025 before me, Lisa Y. Serrano, Notary Public (flere 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 signatul-e(S) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS-juv hand and official seal. Publi rti LISA YOLANOA SERRANO Notary Public • California _ - San Bernardino County C6mmI5SIOn # 2496800 `'e ra.•, ray Comm, Expires Sep 1, 2023 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Labor and Materials Bond (Title ordescription ol'aitached document/ City of Redlands (Guardrails) ('fide or description of attached document continued) Number of Pages 2 DOCLImenl Date 01/21/25 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) © Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Aar- aeknoirledgmenr completed in CaliJortria must contain verbiage exoctlp as appears above in the notary section or, or separate acknenrledgnu.•m ferrnr must be proper{- completed and aached to dun dnetnnew The only exception is if a document is to be recorded outside of california. In such instances, air ahernative acknoirledgmeat verbiage as m etv be primed on such a document so larg as The rerbiage does not require the notary to do something rhmi is illegal for a notm_r• in California (i.e certifying the cudtori_ed capacitr of the signer). Please check the dircunrerrt carmf dh• Jor proper notarial warding and atterch this form (j required. • State and County iniornmtion must be the State and Cnuntv where the document signcr(s) personally appeared before the notary pub is for acknowledg neoi- • [late of notarization must be the date that the signer(s) personally appeared which oust also be the same date the acknowledgment is completed. • "the notary public must print his or her name as it appears within his or ]ter comorissian followed by a comma and then: your title (notary public)_ • Print the namels) of document signers) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shehflwy, is lure ) 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 ofthe 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 ofattached 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,c, CEO, CFO, Secretary_ ), • Securely attach this document to the signed document 2008 Version CA PA v12 10.07800-973-9865 yr%sxv.NotaryClasscs.con: FAITHFUL PERFORMANCE BOND NO. 1001231065 PREMIUM: $3,492 Whereas, the City of Redlands ("City"), State of California, and Metrocell Construction, Inc. (hereinafter designated as 'Principal") have entered into an agreement dated January 21, 2025 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as FCS10162024KG — Guardrail Installation 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 One Hundred Seventy -Four Thousand, Six Hundred Dollars and Zero Cents ($174,600.00) 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 therefore, 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: 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, MetroCeII_Conshuction-FY25.0001ym NO.1001231065 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 January 9 , 2025. (SEAL) (SEAL) Metrocel truction, Inc American Contractors Indemni Company (Contrac (Surety) /I BY: (Signature) Blake A. Pfister, Attorney -in -Fact (Seal and Notarial Acknowledgment of Surety) MetroCell_Construction-FY25-0001 jm Address: 801 South Figueroa Street #700 _ Los Angeles, CA 90017 Telephone ( 800 ) 486-6695 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other.officer completing this certificate verifies onlythe identityof 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 January 9, 2025 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 y Commission # 2479511 My Comm, Expires Jan.13, 20211 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. Signs#u eLsi gnature of N t 9 b is OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document: Document Date: January 9 2025 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): ❑ Partner— ❑ Limited ❑ General ❑ Individual IX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: American Contractors Tn emnity Company ©2019 National Notary Association Signer's Name: ----- ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee C7 Guardian or Conservator ❑ Other: Signer is Representing: �l its trwand lawful Attorho9(s)-,in­fact, each In their�96parabe capacity ifirnoni th6hrome, is namecl above,'wiffi-full power and authority ry, - u� horebyconferred'An' its m' name, plain' steadl,16 exacy-je,46khowledge and deliverOiyand dil bondi,.recdbrontao'; Undertakings ' - or other instruments I ants - or contracts- of suretyshipI I to include ilders, amendments, fonts, andconsenWof surety; providing the bon I d penalty does not exceed *'***Five Million"'" Dollars ( ***$5,000,000.00*** ). This.Power of Attorney shall expire without further action on January 31812026, This,Power.of Attorney is granted under and by authority,, of the, ifollowing`rasolUtl8no, act6pt-bil'by the Boprds of . BelResolved, that tha',Rresid-O rdi'any -Vice-President, -a n-) vested with full power and authoritytoappoint any one of Company subject to the following provisions: --Attornoy-in-Faotmaybe-given ,full pQwerand authority for Xan d 'a I bonds, iscognizaindba, oonti6its. agreements 01 " for -tti'release of retained-' parmida-ges and/oF inal set canceling or terminating -the Company's liability thereundi the Company as if signed by the President and sealed and Be it Resolved, that -the ,signature _r_, of sany authorized offi _mkiflate relating,'therefJbyf6mrrltand anypo6roct !UppitheconPRnywitbre�oedtIoonybond e or undertai the Corporate Secretary, the Company- heretofore to im IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be Is' day of Fgpruary'2024' . .. . ...... kk1r NG( sl� . .. ... 9.1 0K, Wi 0T. 2s. I Z E5 r, C� ­111 ........ �os I unarm X., -State of-Calik County of Los day 4 U 4 JNP IT , 0 Q Bond No. f 1 2JI-OU' Agency No. U.S. I be and is hereby d on behalf of (he Q and deliver, any. and all consents i$gnd_documdrts ill be binding upon of attorney or any Valid and binding reto affixed, this MRANY, TEXAS Ir-Ty- 0 Om PANY, "CE COMPANY - ]iGCCMANPOA92na24 A0 ....... - 0", ... for moreinformation CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Berrnardino On January 13, 2025 before me, Lisa Y. Serrano, Notary Public (tlere 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, execLted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNF.S,S imv hand and official seal. LISA YOLANDA SERRANNO Notary public • Caiifornia 2 - San Bernardino County it Y Commission N 2496800 `'rr%�•"T >~y Comm. Expires Sep t, 2025 (Notary Sea]) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Faithful Performance Bond ( Ville or description of attached document) City of Redlands (Guardrails) {Title or description orattached document continued) Number of Pales 2 Document Date 01/21/25 (Additional information) CAPACITY CLAIMED BY THE SIGNER 1J Individual (s) 19 Corporate Officer President {Title) ❑ Partner(s) ❑ Attorney -in -Fact © Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Arty ackoo+rledgment canrplered in California onrst c•onlaia verbiage exacrty as appears abore in the nouny seciiew or a selmrate arkranrle<lgnrext jmrn wrrsr be prrrperlr completed arrd attached to Thal document. The arh' eeceptimr is f a docrrrueru is if; he recorded outside of californitr. In sru)r instances. oar alternative acknou•dedgmenr rer-biti a as roar he prirued on such a docrnnew so hang as the verbiage does not require the riolary to do vourelbirr4 that is illegal Jar a noifity in ('alifornia (i.e. certif ying the awharired ccrpaci{v of the signer). please check the docarrrew cartf d r far proper norarzcd a ending and anac h This for m if required. • State and Countv inibrnration must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must he the date that the signers) personally appeared which most also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears wilhin his or her commission followed by a comma and then your title (notary public). • Print the nane(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helsheit}teY is /we ) or circling the correct forms. 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 suf7icicn( 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 ofattachcd document, number of pages and date- . Indicate the capacity claimed by the signer. 1F the claimed capacity is a corporate officer, indicate the title (Le CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12 10.07 804-873-9865 w1%m-NolarvClasses.com Mh I KGUN-14 ADIAZ DATE/12/20/20240/2024 CERTIFICATE OF LIABILITY INSURANCE 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 endorsements). PRODUCER CONTACT Me HUB International Insurance SerVIC@S Inc. 4695 MacArthur Court Suite #600 Newport Beach, CA 92660 (plC NN ,Exq: (949) 553-9800 (AIC, No: E-MAIL ODRESS: INSURERIS) AFFORDING COVERAGE NAIC It INSURER A: CUMIS Insurance Society,Inc. 10847 INSURED INSURER B: Southern Insurance Company 19216 INSURER C: Metrocell Construction, Inc. INSURER D : 1166 Mildred. St. Ontario, CA 91761 INSURER E NSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL N D SUER MD pOLICV NUMBER POLICY EFF DO POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Owner's & Contractor X 324727 12119/2024 12/19/2025 EACH OCCURRENCE $ 1,000,000 _ DAMAGE TO RENTED PREMISES Eacc 1,000,000 $ X MED EXP An one arson $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY [KjENT LOC OTHER: GENERAL AGGREGATE 2,Ogg,ggg PRODUCTS - COMP/OP AGG 2,0001000 A AUTOMOBILE. X LIABILITY ANYAUTO OWNED - SCHEDULED AUTooS ONLY AUTOS AUTOS ONLY AUTOS ONLY X 324728 12/1912024 1211912025 COMBINED SINGLE LIMIT Ea accident 1000000 BODILY INJURY Per arson $ BODILY INJURY Per accident $. PeLacoRJnl SAGE $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 324729 1211912024 1211912025 EACH OCCURRENCE 5,000,000 $ X AGGREGATE _ 5,000,000 DED RETENTION$ B WORKERS ND EMPLOYERS COMPENSATION ANY PROPRIETORIPARTNEWEXECUTIVE YIN ppFICEWMEMBEk EXCLUDED4 (Mandatory in NH) If as, describe under DESCRIPTION OF OPERATIONS below NIA OPWI011453 12/1912024 1211912025 X STATUTE �RN E.L. EACH ACCIDEM _ 1,000,000 $ E.L. DISEASE - EA EMPLOYE $ 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 more space Is req ulred) RE: All operations performed by the Named Insured during the current policy period. glailauai The City of Redlands Is Included as Additional Insured as respects General Liability and Auto Liability per attached endorsements. City of Redlands Risk Management Division P.O. Box 3005 Redlands, CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE w— ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: METRCON-14 LOC #: 1 ADIAZ3 ACOROO II ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED HUB International Insurance Services Inc. Metrocell Construction, Inc. 1166 Mildred. St. Ontario, CA 91761 POLICY NUMBER EEPAGE1 CARRIER NAIL CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: *Except 10 days notice of Cancellation for non-payment of premium. *Should this policy be cancelled before the expiration date, HUB International Insurance Services, Inc. will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* ACORD 101 120091011 !c] 9nOR ACf1RI1 CORPr1RATI0N All 0n1h4e The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 324727 COMMERCIAL GENERAL LIABILITY CG 2010 12 19 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 Blanket as required by written contract. Blanket as required by written contract. 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: C. 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. 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. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:324728 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Metrocell Construction, Inc. Endorsement Effective Date:1211912024 SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph 13.2, of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 1013 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 324727 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 Blanket as required by written contract. Blanket as required by written contract. 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. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1