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HomeMy WebLinkAboutContracts & Agreements_251-2025AM,fiN INT FORM Bid Category No. 10 IRIS AGREEMENT, entered into this 1 h day of December , 2025 in the San Bernardino County of the State of California, by and between the CITY OF RE, DLANUS, hereinafter called the "City", and RIVCO Cgati�s. Inc. , hereinafter called the "Contractor", Contractor acknowledges that this Project is being awarded in accordance with the Uniform Public Construction Cost Accounting ("UPCCAA") set forth in Public Contract Code section 22000 et seq, Bidders shall comply with any requirements set forth in the UPCCAA including all guidelines and requirements in the current California Uniform Construction Cost Accounting Commission Cost Accounting Policies and Procedures Manual. Contractor shall cooperate with the City and provide any requested information or documents as requested by the City to comply with the UPCCAA including, but not limited to, all Project cost data, invoices, accounting records, payroll records, etc. WITNESSETII that the City and the Contractor for the consideration stated herein agree as fellows: ARTICLE 1- SCOPE OF WORK; The Contractor shall furnish all labor, materials, equipment, tools, and utility and transportation services, and perform and complete all work required in connection with FLQS2025I017T,S & City hall Renovation ("Project') in strict accordance with the Contract Documents enumerated in Article 7 below. Tire Contractor shall be liable to the City for any damages arising as a result of at failure to comply with that obligation, and the Contractor shall not be excused with respect to any failure to comply by an act or omission of the Construction Manager, Architect, Engineer, Inspector, City, or representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the Contract Docurents and the Contractor protests, in accordance with the Contract Documents, that the act or omission is preventing the Contractor from fully complying with he Contract Documents. Such protest shall not be effective unless reduced to writing and filed with the City office within seven (7) days of the date of occurrence of such act or omission preventing the Contractor from fully complying with the Contract Documents. ARTICLE 2 - TIME OF COMPLETION; The City may give notice to proceed within ninety (90) days of the award of the bid by the City, Once the Contractor has received a notice to proceed, the Contractor shall reach Substantial Completion (See Article 1.1.47) of the Work within Three Hundred T i -two (332) calendar days from the start of construction receipt, This shall be called Contract Time, (See Article 8). It is expressly understood that time is of the essence, Contractor has thoroughly studied the Project and has satisfied itself that the time periods) for this Project was adequate for the timely and proper completion of submittal, procurement and the Project within each milestone and within the Contract time. In the event that the City desires to postpone giving the notice to proceed beyond this ninety (90) day period, it is expressly understood that with reasonable notice to the Contractor, giving the notice to proceed may be postponed by the City. It is further expressly understood by the Contractor, that the Contractor shalt not be entitled to any claim of additional compensation as a result of the City's postponement of giving the notice to proceed. If the Contractor believes that a postponement will cause hardship to it, the Contractor may terminate the Contract with written notice to the City within ten (10) days after receipt by the Contractor of the City's notice of postponement, It is further understood by the Contractor that in the event that the Contractor terminates the Contract as a result of postponement by the City, the City shall only be obligated to pay the Contractor for the work performed by the Contractor at the time of notification of postponement, Should the Contractor terminate the Contract as a result of a notice of postponement, the City shall have the authority to award the Contract to the next lowest responsible bidder. ARTICLE 3 - LIQUIDATED DAMAGES: It being impracticable and infeasible to determine the amount of actual damage, it is agreed that die Contractor will pay the City the sum specified in the Supplementary General Conditions per calendar day for each and every day of delay beyond the Contract Time set forth in Article 2 of this Agreement (inclusive of Milestones that are critical on the critical path or noted as critical to the City) as Liquidated Damages and not as a penalty or forfeiture. In the event Liquidated Damages are not paid, the Contractor further agrees that the City may deduct such amount thereof from any money due or that may become due the Contractor under the Contract (See Article 9.6 and 2.2 of the General Conditions). ARTICLE 4 - CONTRACT PRICE: The City shall pay to the Contractor as full consideration for the faithful performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, the sum of Three Hundred Twenty Eight Thousand DOLLARS t$ 328,p11t)), said sum being the total amount stipulated in the Bid Contractor submitted: Payment shall be made as set forth in the General Conditions. Should any ChangeOrderresult in an increase in the Contract Price, the cost of such Change Order shall be agreed to in advance by the Contractor and the City, subject to the monetary limitations set forth in public Contract Code section 20118.4. In the event that the Contractor proceeds with a Change in work without an agreement between the City and Contractor regarding the cost of a Change Order, the Contractor waives any Claim of additional compensation for such additional work. ARTICLE 5 - HOLD HARMLESS AGREEMENT: Contractor shall defend, indemnify and hold harmless City, Architect, Construction Manager, Inspector, the State of California and their officers, employees, agents and independent contractors from all liabilities, claims, actions, lions, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act; omission, or breach connected with or arising from the progress of Work or performance of service under this Agreement or the Contract Documents. As part of this indemnity, Contractor shall protect and defend, at its own expense, City, Architect, Construction Manager, inspector, the State of California and their officers, employees, agents and independent contractors from any legal action including attorney's fees or other proceeding based upon such act, omission, breach or as otherwise required by this Article, Furthermore, Contractor agrees to and does hereby defend, indemnify and hold harmless City, Architect, Construction Manager, Inspector, the State of California and their officers, employees, agents and independent contractors from every claim or demand made, and every liability, loss, damage, expense or attorney's fees of any nature whatsoever, which may be incurred by reason of-, (a) Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or corporation or in connection with tire Work called for in this Agreement or the Contract Documents, except for liability resulting from the sole or active negligence, or the willful misconduct of the City. (b) Any bodily injury to or death of persons or damage to property caused by any act, omission or breach of Contractor or any person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages or injury to or death of persons, loss (including theft) or loss of use of any property, sustained by any person, firm or corporation, including the City, arising out of or in any way connected with Work covered by this Agreement or the Contract Documents, whether said injury or damage occurs either on or off City property, but not for any loss, injury, death or damages caused by the sole or active negligence or willful misconduct of the City. (c) Any dispute between Contractor and Contractor's subcontractors/supplies/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier or any other person employed in connection with the Work and/or tiling of any stop notice or mechanic's lien claims. Contractor, it its own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the City, its officers, agents or employees, on account ofor founded upon any cause, damage, or injury identified herein Article S and shall pay or satisfy any judgment that may be rendered against the City, its officers, agents or employees in any action, suit or other proceedings as a result thereof The Contractor's and Subcontractors' obligation to defend, indemnify and hold harmless the City, Architect, Construction Manager, Inspector; the State of California and their officers, employees; agents and independent contractors hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; (4) products installed in or used in connection with the Work; and (5) any claims of violation of the Americans with Disabilities Act ("ADN ). ARTICLE 6 -PROVISIONS REQUIRED .BY LAW: Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein, and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. ARTICLE 7 - COMPONENT PARTS OF THE CONTRACT: The Contract entered into by this Agreement consists of the following Contract Documents, all of which are component parts of the Contract as if herein set out in full or attached hereto: Notice Inviting, Bids Instructions to Bidders Designation of Subcontractors Non -Collusion Declaration Bid Guarantee Form Bid Bond Bid Form Contractor's Certificate RegardingWorker's Compensation Acknowledgment of Bidding Practices Regarding Indemnity Agreement Form Payment Bond Performance Bond Guarantee Escrow Agreement for Security Deposit In Lieu of Retention Workers' Compensation/Employers Liability Endorsement General Liability Endorsement, Automobile Liability Endorsement Contractor's Certificate Regarding Drug -Free Workplace Contractor's Certificate Regarding Alcohol and Tobacco General Conditions Supplementary General Conditions Specifications All Addenda as Issued Drawings/Plans Substitution Request Form Requirements, Reports and/or Documents in the Project Manual or Other Documents Issued to Bidders Trade Scope of work Summary All of the above named Contract Documents are intended to be complementary, work required by one of the above named Contract Documents and not by others shall be done as if required by all. ARTICLE 8 - PREVAILING WAGES: Wage rates for this Project shall be in accordance with the general prevailing Kate of holiday and overtime workin the locality in which the work is to be performed for each craft, classification, or type of work needed to execute the Contract as determined by the Director of the Department of Industrial Relations. Copies of schedules of rates so determined by the Director of the Department of Industrial Relations are on file, at the administrative office of the City and are also available from the Director of the Department of Industrial Relations, Monitoring and enforcement of the prevailing wage laws and related requirements will be perforated by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE). The following are hereby referenced and made a part of this Agreement and Contractor stipulates to the provisions contained therein. 1. Chapter I of Part 7 of Division 2 of the Labor Code (Section 1720 et seq.) 2. California Code of Regulations, Title 8, Chapter 8, Subchapters 3 through 6 (Section 16000' et seq.) ARTICLE 9 -RECORD AUDIT: In accordance with Coveimnent Code section 8546.7(and Davis Bacon, if applicable) and Article 13.11 of the General Conditions, records of both the City and the Contractor shall be subject to examination and audit for a period of five (5) years after a Final Retention Payment or the Recording of a Notice of Completion, whichever occurs first. ARTICLE 10 - CONTRACTOR'S LICENSE: The Contractor must possess throughout the Project a Class as specified in the Notice Inviting Bids, Contractor's License, issued by the State of California, which must be current and in good standing, IN WITNESS WHEREOF, this Agreement has been duly executed by the above named parties, on the day and year first above written. City of Redlands By: Mario Saucedo, Mayor Dated: 12 -7 `` 2 J Attest: Q�X'� (fdnne Donaldson, City Clerk CONTRACTOR: Rigoberto Ocegueda Typed or Printed Name President Title Signature Rigoberto Ocegueda Type or Printed Name President Titic Officers or Agents) Signature ISSUED IN TWO (2) ORIGINAL COPIES BOND NO. 024290306 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND (CALIFORNIA PUBLIC WORD KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded to RIVCO COATINGS, INC. (hereinafter designated as the "Principal" or "Contractor"), an agreement for the work described as follows: FCS20251017TS & CITY HALL RENOVATION (hereinafter referred to as the "Public Work"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to California Civil Code section 9550; NOW, THEREFORE, We, RIVCO COATINGS, INC. the undersigned Contractor, as Principal; and THE OHO CASUALTY INSURANCE COMPANY, a corporation. organized and existing under the laws of the State of NEW HAMPSHIRE , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Redlands and to any and all persons, companies, or corporations entitled by law to file stop notices under California Civil Code section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of THREE HUNDRED TWENTY EIGHT THOUSAND AND NO/100 Dollars $328,000.00 ( ), such sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code section 13020 with respect to work and labor thereon of any kind, then said Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys' fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code section 9550 et seq. This bond shall inure to the benefit of any person named in Civil Code section 9100 giving such person or his/her assigns a right of action in any suit brought upon this bond. It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescission or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly City Hall Renovation Payment Bond City of Redlands Page 39 against the Surety and in favor of all persons for whose benefit such bond is given; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Obligee and the Contractor or on the part of any obligee named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the 29th day of DECEMBER , 2025 . PRINCIPAL/CONTRACTOR: SURETY: THE OHIO CASUALTY INSURANCE COMPANY By: -- Attorney-in-Fact BRITTON CHRISTIANSEN City Hall Renovation Payment Bond City of Redlands Page 40 IMPORTANT: THIS IS A REWIRED FORM. Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code section 105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety's name must also appear on the Treasury Department's most current list (Circular 570 as amended). Any claims under this bond may be addressed to: (Name and Address of Surety) SURETY CLAIMS DEPARTMENT (Name and Address of agent or representative for service for service of process in California) BRITTON CHRISTIANSEN 175 BERKELEY STREET, BOSTON, MA 02116 575 PRICE STREET #207, PISMO BEACH, CA 93449 Telephone: 617-357-9500 Telephone: 805-343-7434 A notary public or other office 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 ) ss. COUNTY OF On n `>-n J_ LO LC before me, personally appeared I C i Okiwho provbd'on the basis of satisfactory evidence the perso whose nama(i ubscribed to the within instrument and acknowledged to me that' e/ e/the-y executed the same iq s their authorized capacity(leg) As the Attorney -in -Fact of �� (Surety) d acknowledged to me that by 's fthedsignatureW on the instrument the personal, Tor the entity upon behalf of which the person( exe u�ted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HRI3TGPHER L GGGINS HENGERS-11 COMM. #2424737 a N01MryPutWc-CWRomia RIVERSIDE COUNTY WITNESS my hand and official seal. My Comm. Ejores r D�I.i, 2102161 (SEAL) Notary Public in and for said State Commission expires: i NOTE: A copy of the power -of -attorney to local representatives of the bonding company must be attached hereto. City Hall Renovation Payment Bond City of Redlands Page 41 P U� i LibIll r� POWER OF ATTORNEY Mutual. Liberty Mutual Insurance Company SURETY The Ohio Casualty Insurance Company West American Insurance Company Certificate No, 8213326-969577 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Britten all or me Guy or covma state or cA each mcmdually It there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper Persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this loth day of March , 2025 . Liberty Mutual Insurance Company oP oM1Nau qqy JP�tYaPORSp� P� Poaggy The Ohio Casualty Insurance Company a So 4rvo c,M Qy �rP +.� yn rc rip s.Fo �m West American Insurance Company ��SN4grae9EfidD� 5� �NAMPey' D Y /NaIAMP D �— ei) ,t hP �Hl • hsxd �''M • 1•evd By: ninfa�n r �ennorla pceieVoM eer.eh.,, or County of MONTGOMERY as Q On this 10th day of March , 2025 before me personally appeared Nathan J. Zangede, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Pp� aw yexwE TeC Commonweallh of PennsyWnie-Nolary fiend Temsa Paslails, Ni Public ur Montgomery C.My My commission sxpima March 28, 202s By: rV �Q.CC,GCRJ c Conrtnisslon numhar a 12e014 M''cvP��O Wmbr,P8nncylvni2AswdationoiNalaries Teresa Pastells, Notary Public � ATry M1w4 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are new in full force and effect reading as follows: ARTICLE IV - OFFICERS: Section 12. Power of Attorney. m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or life c President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such adomays-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and allested to by the Secretary. Any power of authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fad, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitatons set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangede, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and ellect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20TH day of DECEMBER , 202e ,SY IN3�,p d 1NS!/q ;,{�vy'/,/ PPOk9 `9 (,,P oaYog4 qy 1� � °o /k` m � 3° �Fo cia (0(9(9 1919 s 1991 L�dy�,.., HnAMPsND�YS�xNoipNPNdDgByRenee C. Llewellyn, Assistant Secretary l « h M♦ h LMS-12873 LMIC OCIC WAIC Multi Co 02/24 `o d N W Cl) No. 5133-4 STATE OF CALIFO"IA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company ofNew Hampsh Ire, organized under the laws ofNew Hampshtre, subject to its Arttoles of hicorporat Ion or otherfundamental organizational documents, is hereby authorized io transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may heeec fler be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and nor in violation of arty; of the applicable laws and lawful requirements made under authority ofthe laws ofthe State ofCaltfornia as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may herecoer be changed or amended. IN WITNESS WHEREOF, effective as of the 19"' day of March, 2013,1 have hereunto set my hand and caused my ojjicial seal to be affixed this 10 day of March, 2013, Dave Jones tnsuraum Commissioner By Valerie J. Sarfaty for Nettie Hoge Clrref Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate ofAuthority. Failure to do so will be a violation of insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. CALIFORNIA ALL-PURPOSE 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 County of SAN LUIS OBISPO ) On DEC 2 9 2025 before me, McKENZIE SALAZAR, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared BRITTON CHRISTIANSEN Names) 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. MCKENZIE SALAZAR r Notary Public - California Q UW y m San Luis Obispo county r ° Commission R 2459004 My Comm. Expires Aug 13, 2027 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. r Signature _ Signafuro of otary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): []Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ISSUED IN TWO (2) ORIGINAL COPIES BOND NO. 024290306 PREMIUM $5,920.00 IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT AMOUNT PERFORMANCE BOND (CALIFORNIA PUBLIC WORK) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded to RIVCO COATINGS, INC. (hereinafter designated as the "Principal' or "Contractor"), an agreement for the work described as follows: FCS20251017TS & CITY HALL RENOVATION (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for said Public Work dated DECEMBER 16, 2025 (hereinafter referred to as the "Contract'), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, _RIVCO COATINGS, INC. the undersigned Contractor, as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of NEW HAMPSHIRE and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Redlands in the sum of THREE HUNDRED TWENTY EIGHT THOUSAND AND NOH 00 Dollars $328.000.00 ( ), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the bounded Contractor, his or her 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 agreements in said Contract and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill guarantees of all materials and workmanship; and indemnify, defend and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The Surety, for value received, hereby stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any change, extension of time, alteration in or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same, nor by any change or modification to any terms of payment or extension of time for any payment pertaining or relating to any scheme of work of improvement under the contract. Surety also stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any overpayment or underpayment by the Obligee that is based upon estimates approved by the Architect. The Surety stipulates and agrees that none of the aforementioned changes, modifications, alterations, additions, extension of time or actions shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, modifications, alterations, additions or extension of time to the terms of the contract, or to the work, or the specifications as well notice of any other actions that result in the foregoing. City Hall Renovation Performance Bond City of Redlands Page 42 Whenever Principal shall be, and is declared by the Obligee to be, in default under the Contract, the Surety shall promptly either remedy the default, or shall promptly take over and complete the Contract through its agents or independent contractors, subject to acceptance and approval of such agents or independent contractors by Obligee as hereinafter set forth, in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of Liquidated Damages; or, at Obligee's sole discretion and election, Surety shall obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Obligee of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as Work progresses (even though there should be a default or succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the "balance of the Contract Price" (as hereinafter defined), and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of Liquidated Damages. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable to Principal by the Obligee under the Contract and any modifications thereto, less the amount previously paid by the Obligee to the Principal, less any withholdings by the Obligee allowed under the Contract. Obligee shall not be required or obligated to accept a tender of a completion contractor from the Surety. Surety expressly agrees that the Obligee may reject any agent or contractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Unless otherwise agreed by Obligee, in its sole discretion, Surety shall not utilize Principal in completing the Contract nor shall Surety accept a bid from Principal for completion of the work in the event of default by the Principal. No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. The Surety shall remain responsible and liable for all patent and latent defects that arise out of or relate to the Contractor's failure and/or inability to properly complete the Public Work as required by the Contract and the Contract Documents. The obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, Contractor and Surety shall pay Obligee's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including reasonable attorneys' fees to be fixed by the Court. City Hall Renovation Performance Bond City of Redlands Page 43 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of DECEMBER , 20 25 PRINCIPAL/CONTRACTOR: RIVCO COATINGS, INC. � 7 By: SURETY: THE OHIO CASUALTY INSURANCE COMPANY By: Attorney -in -Fact BRITTON CHRISTIANSEN The rate of premium on this bond is 18.05 per thousand. The total amount of premium charged: $ 5,920.00 (This must be filled in by a corporate surety). IMPORTANT: THIS IS A REQUIRED FORM. Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code section 105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety's name must also appear on the Treasury Department's most current list (Circular 570 as amended). Any claims under this bond may be addressed to: (Name and Address of Surety) SURETY CLAIMS DEPARTMENT (Name and Address of agent or representative for service for service of process in California) BRITTON CHRISTIANSEN 175 BERKELEY STREET, BOSTON, MA 02116 575 PRICE STREET #207, PISMO BEACH, CA 93449 Telephone: 6 1 7-357-9500 Telephone: 805-343-7434 A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv. or validitv of that document. City Hall Renovation Performance Bond City of Redlands Page 44 STATE OF CALIFORNIA ) ) ss. COUNTY OF K I VeCf , On _ 0 2r) 'Z Z�`}`�iJ before me, personally appeared _ who prove& on the basis of satisfactory evidence t�the perso s) whose name subscribed to the within instrument and acknowledged to me thae/ e/t�y executed the same ' is it authorized capacity(' the Attorney -in -Pact of �-�' (Sure and acknowledged to me that by 's t1irsignatur} on the instrument the persor> <, or the entity upon behalf of which the perso uted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHRISTOPHER I.LIGGINI HENpEA54 COMAO. #2424737 1111/1�fff a Notary Public-CarfttnW a RNERME COUNTY MY Comm. E;Vm NOVA. 202E WITNE my hand and official seal. (SEAL) Notary Public in and for said State ff Commission expires:_- L' � 20 2/� NOTE: A copy of the power -of -attorney to local representatives of the bonding company must be attached hereto. City Hall Renovation Performance Bond City of Redlands Page 45 i"X' a i, � Liberty POWER OF ATTORNEY Mlitild�® Liberty Mutual Insurance Company Certificate No: 8213326.969577 SURETY The Ohio Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein. set forth, does hereby name, constitute and appoint, Brition Christiansen; Kevin E. Vega; Philip E. Vega execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this IOfh day of March , 2025 . State of PENNSYLVANIA County of MONTGOMERY ss Liberty Mutual Insurance Company ED P�1Y INs�R1NsugqThe Ohio Casualty Insurance Company �� °PPoggroq,An4 ixpxPO'ra>�'f'rWe�sst AAmgeerricaaa(n Insurance Company u ma o m°(2Y�/iy1919p oa 1991 0O �YA'M1MP9N LY �NerANP D �Hl .t 1-x�d SUM � *Nd By: Nathan J. Zar le, Assistant Secretary Cable trill day of March. , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ),,� Cxmmonwexlth ofPennaylvonlx-Notary Seal Txrxsx Pestela. Notary Puhllr,Montgomery CountyMy commission explime March 28. 2D29fayCmnmisvion numhar 112fl094erase Paslea, Note, Public Mxmbeq Pmmylmolx Aeecuallon of NMmlex ry This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in hill force and effect reading as follows: ARTICLE IV- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such atorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any audit instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangede, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance, Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29TH day of DECEMBER , 2025 Pv, 1NSp� P4�(Y INa[, d tNSbq //�'/Jf/`��^�(//./'�s''. JJ 4oPv°RgP"rOy�m Q' 24OPP°Rg1e�(' � 2�°PP°ggTO2mm l��� s u m C � 1912 0 1919 � � 1991 � 4�ej q°xe �da'� so�N RgMPs �yD�u YS� NOIANPN-aD'� By Renee C. Llewellyn, Assistant Secretary -' 1 + P M • >• LMS-12873 LMIC OCIC WAIL Multi Co 02/24 No. 5133.4 STATE OF CALIFOMIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority TMS IS TO CERTIFY, That, pursuant to the Insurance Code ofthe State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other, fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Cert ftcate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Moiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority ofthe laws ofthe State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WIiEREOF, effective as of the I-0 day of March, 2013, I have hereunto set my hand and causedmy official seal to be affixed this 19"day of March, 2013. Dave Jones hnuraece CommInione• By. Valerie J. SudPety for Nettie Hoge Chief.Pepury NOTICE: Qualification with the Secretary of State must be accomplished as required by the Calif rmia Corporations Code promptly after Issuance of this Certificate ufAuthority. Failureto do so will be a violation of Insurance Code section 70l andwilt be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. CALIFORNIA ALL-PURPOSE 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 County of SAN LUIS OBISPO ) On DEC 2 9 2025 before me, McKENZIE SALAZAR, NOTARY PUBLIC Date personally appeared BRITTON CHRISTIANSEN Here Insert Name and Title of the Officer 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. =F r MCKENZIE SALAZAR Fr r � • t Notary Public -California c.d m San Luis Obispo County > Commission 4 2459004 My Comm. Expires Aug 13, 2027 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 N tary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907