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HomeMy WebLinkAboutContracts & Agreements_255-2025AGREEMENT FORM Bid Category No, 14 THIS AGREEMENT, entered into this 16th day of December , 2025 in the Sail Bernardino County of the State of California, by and between the CITY OF BEDLANDS, hereinafter called the "City", and F.E.C. Electric. 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 andprovide 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. WITNESSETH that the City and the Contractor for the consideration stated herein agree as follows: 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 FCS20251017TS & City Hall Renovation ("Project") in strict accordance with the Contract Documents enumerated in Article 7 below. The Contractor shall be liable to the City for any damages arising as a r6ult of a 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 Constriction 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 Documents and the Contractor protests, in accordance with the Contract Documents, that the act or omission is preventing the Contractor from fully complying with the 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 Thirty-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 period(s) 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 shall 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 Contactor 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 the 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 fill consideration for the faithful performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, the sum of Three Million Three Hundred Seven Thousand Six Hundred Forty Nine DOLLARS ($ 3,307.649), 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 Change Order result 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, liens, 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 the 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 filing of any stop notice or mechanic's lien claims. Contractor, at 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 of or founded upon any cause, damage, or injury identified herein Article 5 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 (" ADA'), 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 -Collision Declaration Bid Guarantee Form Bid Bond Bid Form Contractor's Certificate Regarding Worker'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/Phis 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 rate of holiday and overtime work in 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 requirementswill be performed 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. Chapter 1 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 or seq.) ARTICLE 9 - RECORD AUDIT: In accordance with Government 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: ` 2 - 1 7 " 25 Attest: J e Donaldson, City Clerk CONTRACTOR: F.E.G. Electric, Inc. Ronald Moore Typed or Printed Name President, Secretary, Treasurer, Manager Title Sig ature Ronald Moore Type or Printed Name Presides, ecretar-y, Treasurer, Manage[ Title (Authorized Officers or Agents) CT7 sign Bond No.108357599 Premium listed on Performance Bond Executed in Triplicate PAYMENTBOND (CALIFORNIA PUBLIC WORK) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded to F.E.C. Electric, Inc. (hereinafter designated as the "Principal" or "Contractor"), an agreement for the work described as follows: City Hall Renovation; BC#14 (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, F.E.C. Electric, Inc. the undersigned Contractor, as Principal; and Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of Connecticut , 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 suof 11,. million three luM dsawn thousnnd sixlnmdred furry sum of Dollars ($ 3,307-649.00 ), 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 VVITEREOF this instrument has been duly executed by the Principal and Surety above named, on the 11 th day of December , 20 25 . PRINCIPAL/CONTRACTOR: F.E.C. Electric, Inc. By Ronald Moore/President- Secret Treasurer, Manager SURETY: Travelers Casualty and Surety Company of America I� City Hall Renovation City of Redlands A Payment Bond Page 40 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) Travelers Casualty and Surety Company of America i4ssoph Lopez 21688 Gateway Center Dr. Diamond Bar, CA 91765 JLopez@travelers.com Telephone: 909-612-3 884 A notary public or other office completing this certificate STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, (Name and Address of agent or representative for service for service of process in California) Bond Exchange and Surety Company of America Shawn Blume and Irene Luons 24800 Chrisama Drive, Suite 160 Mission Viejo, CA 92691 Shawn@Suretybondex.com & Irene@Suretybondex.com Telephone: 949-409-9705 of that the personally appeared , who proved 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) as the Attorney -in -Fact of (Surety) and acknowledged to me that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 my hand and official seal. (SEAL) Notary Public in and for said State Commission 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 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 County of San Barnardino on December 11 th, 2025 Date personally appeared before me, Erica Waddell, Notary Public Here Insert Name and Title of the Officer Ronald G. Moore of Signerj�sK who proved to me on the basis of satisfactory evidence to be the person(p'`whose name/is/subscribed to the within instrument and acknowledged to me that he/ elttX executed the same in hisl4e,71 authorized capacity(ieand that byisltfyr signature �n the instrument the persor the entity upon behalf of which the personi5r aacted, executed the instrument. ERICA WADDELL a Notary Public . California x r San Bernardino County > Commission # 2423799 r ��" °� My Comm. Expires O[t 27, 2026 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. Signature OPTIONAL Notary Public Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 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: 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: Signer is Representing: 02019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On DEC 1 12025 Date before me, Thao Nguyen Luu , Notary Public, Insert Name of Notary exactly as it appears an the official seal personally appeared Irene Luong 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 THAONO lLUU executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the Notary Pu641c • California person(s), or the entity upon behalf of which the person(s) { Orange County C6mmtSS$Gn A 2453804 acted, executed the instrument. µy Comm. Expires Jul 48, 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 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signel Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer--Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America �+ Travelers Casualty and Surety Company I RAr ELG,�+llSt. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Irene Luang of MISSION VIEJO , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 14i'Ub State of Connecticut By City of Hartford as. Robert L. Rane -enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. //- My Commission expires the 80th day of June, 2026 * w, ruscro " AnnaP. Nowik; Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is fled in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 11th day of December , 2026 ,tor r Kevin E. Hughes, Assistant Secretary To verify the authenticityof this Power of Attorney, please callus at 1-800-421-3880. Please refer to the above -named Atlorney(s)-in-Fact and the details of the bond to which this PowerofAttomey is attached. PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT Bend No. 108357599 Premium: $29,180.00 Executed in Triplicate PERFORMANCE BOND (CALIFORNIA PUBLIC WORD KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded to F.E.C. Electric, Inc. (hereinafter designated as the "Principal" or "Contractor"), an agreement for the work described as follows: City Hall Renovation; BC#14 (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for said Public Work dated (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, F.E.C. Electric, Inc. the undersigned Contractor, as Principal, and Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Redlands in the sum of Threeinilliontlimehmdredsevmtlmusa"aixhmdred"nine&oo/looDollars($ 3,307,649.00 ), 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 1Ith day of December , 2025 PRINCIPALICONTRACTOR: F.E.C. Electric, Inc. SURETY: C Ronal�M,.,&PLidc.t Secret Treasurer, Manager of Amer! Luong For First $600,000 then $9.'20 per thousand For Next $2,000,000 then $9.10 per thousand For Next $807,649 then $7.90 per thousand The rate of premium on this bond is per thousand. The total amount of premium charged: $ a corporate surety). IMPORTANT: THIS IS A REQUIRED FORM. 29,180.00 (This must be filled in by 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) Travelers Casualty and Surety Company of America Joseph Lonez 21688 Gateway Center Dr. _Diamond Bar. CA 91765 _ JLopez@travel ers. com Telephone:. 909-612-3884 (Name and Address of agent or representative for service for service of process in California) Bond Exchange and Surety Company of America Shawn Blume and Irene Luona 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 Shawn@Suretybondex.com & Irene@Suretybondex.com Telephone: 949-409-9705 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. City Hall Renovation Performance Bond City of Redlands Page 44 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , personally appeared who proved 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) as the Attorney -in -Fact of (Surety) and acknowledged to me that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 my hand and official seal. (SEAL) Notary Public in and for said State Commission 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 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 County of San Barnardina On December 11 th, 2025 Date before me, Erica Waddell, Notary Public Here Insert !Name and Title of the Officer personally appeared Ronald G. Moore Name(J of Signer( who proved to me on the basis of satisfactory evidence to be the pe son whose namej*l`slar ubscribed to the within instrument and acknowledged to me that hels Ithecuted the same in hisltilfhelF authorized capacity(iKand that by_is/hp4t`hq<r signature(K on the instrument the persoi-4&j!or the entity upon behalf of which the person acted, executed the instrument. ERICA WgDDELL Notary Public - California Sen 8ernardinD County COMMission # 2423795 My CDmm. Expires Dct 21, 2125 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 Signature OPTIONAL Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 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 ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact o Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On DEC 1 12025 before me, Thao Nguyen ll Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) THAO HrUYEN LUII Notary Public - Catifornla Mn Orange County Commission N 21531564 •"'jMy Comm. Expkes Jul 16, 21]27 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 hislherltheir 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. Witness my hand and/official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer --Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing - Tap of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America ETRAVELLERS471 Travelers Casualty and Surety Company AM likSt. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Irene Luong of MISSION VIEJO , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. sr State of Connecticut City of Hartford ss. By: Robert L. Raney;-S enlor Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he,, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 11, if My Commission expires the 30th day of June, 2026 * aa`* 'ra AAnna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 11th day of December , 2025 � cu sr�pys-., dim -' tKl4 'Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAtlorney, please cal/us at 1-800-421-3880. Please refer to the above -named Atforney(s)-in-Aactand the details of the bond to which this PowerofAttorney is attached. STATE OF CALIFORNU DEPARTMENT Amended Certfcate of Authority Tee Is TO C=Ttrx, That, pursuant to the tnmaranaa Code of the State of California, Travelers Casualty and Surety Company of America of Hartford, Connecticut , organized underthe . low Of, Connecticut subfeattoits Articles ofIncorporation of other fundemantal organizational documents, is hereby authorized to transact within this State, sub}ect to ail provisions of this Certificate, the foilou ing a%ssss of insuranaa: Fire, Marine, Surety, Disability, Plate Class, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Ims C,sttrtnclsTz is expressly conditioned upon the holder hereof now and haraafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of Californid as long as such laws'or requirements are in effect and applicable, and as such laws and'requiroments now are, or may hereafter he changed or arne"44 IN UGnzmss'Waxtssor, effective as of the..._ Ist—.........day ISM, I haae hereunto set my hand and caused my official seal to he affixed day of— agm— 19JI ..,/� m of State must be ate mpllslrwi as rsqufsad'LK.thq,S,slStmst+e Co` ertideate of Asdwrity, Facture to do w w10 be a vioLtiou of Im thin certiSrato of Authority pursuant to the covessau =da in iced heroia. Code 001