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HomeMy WebLinkAboutContracts & Agreements_68-2025PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 6th day of May, 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 Metrocell Construction, Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Ford Park Restroom Building Replacement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Ford Park Restroom Building Replacement Project (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of eight hundred fifty thousand six hundred dollars ($850,600) 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 one hundred twenty (120) 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. 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 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 1Acmo\AgreementsWirtmee11_Public_ Wolk_Contract-FY25-0054.doe jm 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. I:\cmo\Agmenients\Metioeel[Publice_Wodc_Contmct-FY25-0054.doc jm IN WITNESS WIIEREOF, the Parties hereto havc executed this Contract the day and year first written above. CITY OF REDLANDS (SEAL) By: JL J Maria Saucedo, ATTEST: ne Donaldson, City Clerk (SEAL) Metrocell Construction. Inc. Name of 7Contor By: _ 6� S ignaturefcif Authonze Agent PL2/S i A'mt Title Signature of Authorized Agent (if necessary) Title �Z941-p� _ Contractor's License No. I:lcmolAgreementslMetrocell_Public_ Work_C'ontrnct-FY25-0054.doc-jm WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Facilities and Community Services Department Ford Park Restroom Building Replacement Project Project No. FCS 102224DC 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 V1 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 ri , 2025. (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 emolAoreemeat,,5ivtetroee€1_Pu6lic_INoe'c Contract-FY25-4054.doc jm FAITHFUL PERFORMANCE BOND NO. 1001231092 PREMIUM: $17,012 Whereas, the City of Redlands ("City"), State of California, and Metrocell Construction, Inc. (hereinafter designated as "Principal') have entered into an agreement dated May 6, 2025 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Ford Park Restroom Building Replacement 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, American Contractors Indemnity Company, as Surety, are held and firmly bound unto the City in the penal sum of Eight Hundred Fifty Thousand, Six Hundred and 00/100 Dollars ($850,600.00) 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 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 terns and conditions; or 2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses 5 I:\cmo\Agreemcuts\Motrocell_Public_W ork_Contract-FY25-0054.doc-jm NO.1001231092 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 April 24 _, 2025. (SEAL) Metroce Cons ctio In . (Con a (Signature) (Seal and Notarial Acknowledgment of Surety) (SEAL) American CQntroxiors Indemnity Company Surety) BY: Blake A, Pfister, Attorney -in -Fact Address: 801 South Figueroa Street #700 Los Angeles, CA 90017 Telephone ( 800 ) 486-6695 _ 6 I:lcmolAgreementslMetrocell_Publie_Work Contract-FY25-0054.doc-jm CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other -officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orancie )} On Aril 24, 2029 — 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 FASTER Notary Public - Caiifomia I certify under PENALTY OF PERJURY under the a Orange County Commission # 24518 laws of the State of California that the foregoing 0 79 My Comm. Expires Jan.13, 202ls paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of NVaP)bjjc 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: and 10 01 2 310 9 2 Document Date:April 24, 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 O General ❑ Individual M Attorney in Fact ❑ Trustee. ❑ Guardian or Conservator ❑ Other: _ Signer isRepresenting:U S Specialty Insurance Company 02019 National Notary Association Number of Pages: Signer's Name: ----- ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: its true and lawful Atterney(s)-in,-fact each i0 their separate capacity if more than one i9 named above, with full powerand authority hereby conferred ifs dame place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or otherin 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 the follow Be itReson vested with to the the ty to. appoint provisions: iowera :sident, any .Asslslant Vice -President any georetaryor any Assistant Secretary shall be -and is hereby,-' anv one or more suitable persons as AttornevW-4-Fact to represent and act for and'on behalf of the canceling or. terminating the Company's liaminy mereunaer, one any soon msrrumems sa execureu ay My smn Muoi I Cy-111-racranan oe l iI N,I ly uPoiI - - the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, thal:the signature of any authorizeg office! and Seal of the Company heretofore or hereafter affixed to any power of attorney or any. certificate relating iheret`o by facsimile and any power of attorney pt certificate' hearing facsimile signature or facsimile seal shall be vaUd and binding; y: upon the Company with respect to any bond or updartaking to which Ilia attached, IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I" day of February 2024 a &�.A...... s r p� Utrsr z`��``in4t,c,- BONDINCOMPANY, UNITED STATES SURETY COMPANY, s to U.S. SPECIALTY INSURANCE COMPANY ti w owuanrro ti w. AIV,,�\/ ���� B y Damel P Aguilar, ice President _ ,un a„„t� *Innngm of rrz,u�nno�*^ .nFgrn (nau,o A Notary Public or other officer completing this certificate verifes 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 Los Angeles= - - - - On this 1a1 day of February 2024,:before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of � American Confractors Jndemmty Company, Texas Bonding �Company,',United Stags Surety,Company and U.S. Specialty Insurance Company who rZroved ato me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and -acknowledged to me that he executed the in hi authorized capacity, and that by his signature on -the instrument the person, I, Klo Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United Stat Company and U.S Specialty Insurance Company, do hereby certify thatthe above and foregoing is a true and correct copy c of Attorney, executed,'by said Companies, which is still in full force and affect; furthermore the resolutions of the Boards of set out -in the Power of Attorney are in full force and effect and affixed the seals of said Companies at Los Angeles, California this CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Berrnardino On April 29, 2025 before me, Lisa Y. Serrano, Notary Public (Here insert name and title ofthc officer) personally appeared James Culwell who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. Wl and official seal. eLISA YOLANDA SERRANO Netary Pub& - Ca6forniaSanllernardinc County Commission rf 2496800 My Comm. Expires Sep 1, 2029 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Faithful Performance Bond (Title or description of attached document) City of Redlands - Ford Park (Title or description of attached document continued) Number of Pages 2 Document Date 05/06/25 (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 Any acknourledgmeut completed in California mast cwrtain verbiage exacrlr as appears abore W the notat7• section or a separate ackuorrledghmentfu•mr must he propefly completed and attached to that docromeut. The only ecceptiolt is if it document is tar be recorded ordside of California. !o such instances, an alternative acknowledgment verbiage as may be printed on such a docunrerrl so long as the verbiage does not require lire notary to do something that is illegal jar a notary iu California (i.e. cer7ifying the aulho i_ed capacity aJ'the signer). Please Check the docttoretu carefhdlj• for proper notarial u•orafing and andeh this form if required • State and County information must be the State and Countv where the document signer(s) personally appeared before the notary pubic for acknowledgment. • Date ornatarization must be the date that the signcr(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 names) 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, he/she(gw5- is lase ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover test 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. 4 Indicate title or type of attached document, number of pages and date. rr 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 02.10.07 8OU-873-9865 wwiv.NotaryClasses.com LABOR AND MATERIAL BOND NO.1001231092 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 6, 2025, and identified as Ford Park Restroom Building Replacement Project 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 Eight Hundred Fifty Thousand, Six Hundred and 00/100 Dollars ($850,600.00) 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 April 24 , 2025. (SEAL) Inc (Signature) `Seal and Notarial Acknowledgment of Surety) 7 L'.IcmolAgreements\Mctrocell_Public_work_Contract-FY25-0054.doc jm (SEAL) American Contractors Indemnity Company ( urety) BY: Blake A. Pfister, Attorney -in -Fact Address: 801 South Figueroa Street #700 Los Angeles, CA 90017 Telephone: ( 800 ) 486-6695 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 9 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 ^ 1 County of orange J} On April. 24, 2025 before me, b- Nahina Pfister, Notary Public Date Here insert Name and Title of the Officer personally appeared Blake A. Pfister Names) of Signer(s) who proved to me an 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 - Ca4omia y N Orange County Commission # 2479518 My Comm. Expires Jan. 13, 2028 Place Notary Seal and/or Stamp Above l 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. /W/pSignature Signature owqolPubllc 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: Bond 10 01 2 310 9 2 Document Date: April 24, 2025 Number of Pages: Signer(s) Other Than Named Above: N /__At _None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General © Individual a Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: U.S. Specialty 02019 National Notary Association Signer's Name: ----- ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: its true I and lawful Att6mey_(s)-Jn-f4ct, each in their- separate, capacity if more than one is named above, with foil power and authority 4, recognizances, herabyconferred in its name, place and stead, to execute, acknowledge anddeliver any and,all bond, Undertakings or other instruments orcontracts 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 further action on J anus ry 31 -t 202 This Power of Attorney is granted under and by authority - of the following -nasolutions'adoptiedby the Boards of D[rectors,of the Companies Belt : Resolved that the Pesider-L, any , Vice-Presi4ent, any Assistant Vide -President, any Secretary or any Assistant- Secrets ry- shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 11 day of Fqbruary 2024, "0"saran`" )eMNITY-COMPANY, TEXAS IN (3 "N 0 aq" '�O%gyt' AMERICAN CONTRACTORS IN[ .. ...... BONDING COMPANY, UNITED STATES SURETY COMPANY, A M I, U.S. SPECIALTY INSURANCE COMPANY V� gBy: SE ff. 2 W, Daniel P. Aguilar, Vice President hip44roHH�H, A Notary Public or other officer completing this certificate verifies only the Identity of the individual who signed the document to whic fhi� .. ifi,atp iq nftnr.hP.r1 and not the truthfulness. accuracv. or validitv of that document. State of Califc County of Los On this Is' day. of February 2024, before me, D. Littlefield, a- notary public, personally appeared Daniel P. Aguilar, Vice President of American Contraotor& Indemnity Company, Texas', Bonding Company, United,States Surety Company and U.S, Specialty Insurance who -proved to,roe-on the basis of satisfactory OVidence to be the person -whose, name is subscribed, to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify -under PENALTY OF PERJURY under the laws of'the :Sfate of California that he foregoing paragraph is true and correct. WITNESS my hand and off I seal. 'ir xourypmt- W.Afe lPSMpeIN * *:N - 'Signature MV 0 (sea) 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U,S.,Specialty Insurance Company, do hereby certify that the above and foregoing is a trueandcorrect copy of a Power y of Attorney, executed 15y said, Gompanies, 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. Whereof, Agency No. set my hand and seals of said Companies at Los Angeles, California this o COO _11CCBMANFOA02=24 . ..... 10 visit trrhc I c. cc m surety for more information CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Berrnardirio On April 29, 2025 before me, Lisa Y. Serrano, Notary Public (Ilere insert name and title orthe officer) personally appeared James Cutwell who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signatures) on the instrument the person(s), of 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. '` H LISA YOLANDA SERRANO Notary Public » California WITNE lTd and official seal. W - San Bernardino County Y Commission # 2496100 i..a•"' My Comm. Etcp€res Sep t, 2tl2� Signal rc of to Publu (Notary Scull ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE AT"I'ACHED DOCUMENT Labor & Material Bond (Title or description of attached document) City of Redlands - Ford Park (Tine or description of allachcd document continued) Nurnber of Pages I- Document Date 05/06/25 (Additional information) CAPACITY CLAIMED BY THE SIGNER M Ltdividual (s) IR Corporate Officer President rritle ) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM i€oy acknowledgmew votrrplered ill C?rlrJornia must c'antuin verbiage exacy{r as appears above in the nouny section ar• a sepmerte acknowledgoremt form mirsi be properly completert mid anached to that document. The wrl) exception is if a clocroueni is to be recorded owside of Califin'uia. !fir such invanc'es, am aherawiee ac'knou'ledgment verbiage as nurr be printed oil such a docnrnent so long as the verbiage does not require the notar}• to do something that is illegtrl for cl u(ga,), ill C'aliforuia {i,e, eertifpiug the authorizert callac•ity oJ'the signer). Please check the dacuroenl c'arefrtlp for pralrer rrorerrial wording mu! utrueb this fm iu f r•equir•eil • Stale and County information must be Vic state and County where the docunrcnt signer(s) personally appeared belbre the notary public for acknowledgment, • Dale of nutarization must he the date that the signer(s) personally appeared which must also he 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 namely) of document signet(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forts (i.e. he/she/they- is tore ) or circling the correct forms. Failure to correctly indicate (Iris information may lead to rejection ofdocument recording, • The notary seal impression must be clear and photographically reproducible. Impression roust not cover text or lines. If seal impression smudges, re -seat if a sufficient area permits, otherwise complete a different acknowledgment form. • signature of the notary public must match the signature an file with the office or 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 2009 Version CA PA v12.10.47 800-873-9863 ts,%vw_NolaryClasses.com