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HomeMy WebLinkAboutContracts & Agreements_256-2025AGREEMENT FORM Bid Category No. 15 THIS AGREEMENT, entered into this l6th day of December , 2025 in tite San Bernardino County of the State of California, by and bctwen the cCITY OF REDLANDS, hereinafter called the "City", and Bogh Construction, LLC , 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. WITNE SSE, 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 FCS2025101.7TS &e 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 result 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 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 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 tiled 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 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 ovent 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 tine 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 the Contactor will pay the City the sum specified in the Supplementary General Conditions per calendar day for each and every day of delay beyond the Contact 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 fiarthor agrees that the City may deduct such amount thereof from any money due or that may become clue 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 Million Six Hundred Fifty Six Thousand Eight Hundred Seventy Three DOLLARS ( 3 6S6 873 , said sum behrg the total amount stipulated in the Bid Contractor submitted. Payment shall be made as set forth in the C7encral 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 Clain of additional compensation for such additional work. ARTICLES - 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 Prom the progress of Work or performance of service under this Agreement or the Contract Documents. As part of this indemnity, Contractor shall protect slid 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 slid 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 !,jury 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, damageor 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, f rm 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 correction with the Work and/or filing of any stop notice or mechanic's lieu 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, of 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 herounder 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 G - PROVISIONS REQUIRED BY LAW: Each and every provision of law and clause required to be inserted in this Contract shall be, deemed to be insetted 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 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 Specifioations 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 S - 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 requirements will 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. I. 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 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 Couttaotor 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'-4�(" Mario Saucedo, Mayor Dated: - 7 7 ^ Z S Attest: anne Donaldson, City Clerk CONTRACTDR: Damian Garcia Typed or Printed Name Director Title Signatur Russ Bogh Type or Printed Si cers or Agents) WARRANTY B O GH We hereby warranty the following specification sections have been installed for the City of Redlands at City Hall Renovation and performed in accordance with the requirements of the Contract Documents and that the work as installed will fulfill the requirements of the Contract Documents. •024„7-Selanliv°$4e[]em°hrn •10-14Co-sign„9� •a'4119-$¢Iegi-Sl,uclure[-01 qn •1p 1463-Tra IFL Sio.q. •04 22 Go - Concrete U , Masonry •1014 go- Misc°Oanenas Cede Signs SPECIFICATION SECTION AND DESCRIPTION 'G426" "' °'y p°4'e' 1924GD-FmP1cenreT°'b'C°„°,nne.^' •04731"-Slone Faericallm(As it A',sl�E.1 •144400-F:re Pr°lec,i°n Spnriaili�s 01 70 00 — E�( •0S f523-Metal Fastening (As rl Applies} -10751E-G,°un0-set Flapnoles Execution and Closeout Requirements. 2400-Ealenm NI ng M.in,nna E,Wpm 1 ''yp /v Submittals 071113-9:lu inlnnus Damp-proofing(As ll APP4.0 •119 00-Miscellanp°„5 Equipment 01 (V 00 ` Closeout Submittals •072613-Alt—, Gra Oe Va Rclarde •122413-Vildo Trr 1-1 •075,1 -Glass F, per PI lMI reed Aspnall EnMSian Ruelmg 123640-Slung Counlerl°p5 and 6onih Tp{,s IAn4Appfias} •979213-Ei slamunr, Jpinl 6ea3anls(M lAppli°s} •5243 q3-Silz S°aliny -09 38 00 - Taro, -t 4 27 on - Esrs,inq El_,., Cah Rnnav9p°ns The undersigned agrees to repair or replace any or all of such work that may prove to be defective in workmanship or material together with any other adjacent work which may be displaced in connection with such replacement within a minimum period of ONE (1) YEAR from the date of Notice of Completion of the above -mentioned project. Ordinary wear and tear and unusual abuse or neglect is excepted. In the event of the undersigned's failure to comply with the above mentioned conditions within a reasonable period of time, as determined by the OWNER, but not later than ten (10) working days after being notified in writing by the OWNER, the undersigned authorizes the OWNER to proceed to have said defects repaired and made good at the expense of the undersigned, which will pay the costs and charges therefore upon demand. The provisions of this Warranty are in addition to, and not in lieu of, any provisions of the Contract Documents for the Work relating to the Contractors Guarantee(s) and Warranty(ies) or any Guarantee(s) or Warranty(ies) provided by any material supplier or manufacturer of any equipment, materials or other items forming a part of, or incorporated into the Work, or any other Guaranty or Warranty obligation of the Co tractor, prescribed, implied or imposed by law. Bogh Golfstructidllc SIGNATURE Russ Bogh TYPED OR PRINTED NAME Representatives to be contacted for service subject to terms of contract. NAME Lisa Venable ADDRESS 401 W 4th Street Beaumont CA 92223 PHONE # 951-845-4607 City of Redlands Division o1 Conlract Closeout 01 78 39 City Hall Renovation -, orl ISSUED IN THREE ORIGINAL COUNTERPARTS COUNTERPART NO. OF PAYMENT BOND (CALIFORNIA PUBLIC WORD BOND NO. EACX4051041 PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND THE PREMIUM IS PREDICATED ON THE. FINAL CONTRACT PRICE AND IS SUBJECT To ADJUSTMENT, KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded to Bogh Construction, LLC (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, Bogh Construction, LLC , the undersigned Contractor, as Principal; and Endurance Assurance Corporation , a corporation organized and existing under the laws of the State of Delaware , 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 Million Six Hundred iffy -Six Thousand Eight Hundred _ Do11arS 3,656,873.00 ---- SeZt,_Three and 001100's — ( ----), 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 23rd day of December , 2025 . PRINCIPAL/CONTRACTOR: Bogh Construction, LLC SURETY: Endurance Assurance Corporation Attorney -in -Fact Julia B. Baies City Hall Renovation Payment Bond City of Redlands Page 40 IMPORTANT: THIS IS A REQUIRED FORM. Surety companies executing bonds mast 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) Endurance Assurance Corporation 12890 Lebanon Rd., Mt. Juliet, TN 37122 747-228-4830 (Name and Address of agent or representative for service for service of process in California) Hub International Insurance Services Inc. DBA Inland Surety Bonds & Insurance Services 3801 University Ave., Ste. 400, Riverside, CA 92501 Telephone: 951-788-8581 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 COUNTY OF On ss. 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 the 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 expires: 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 No. 5082-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pui-suant to the Insurance Code of the State of California, Endurance Assurance Corporation of Delaware, organized under the Imes of Delaware, 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 Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, 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 he defined in the Insurance Laws ofthe 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 of any, ofthe applicable laws and lawful requirements made under authority ofthe lases 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 WHEREOF, effective as of the 23rd day of August, 2016, J have hereunto set my hand and caused my official seal to be affixed this 23rd day of August, 2016. Dave Jones Insurance Commissioner By Carol Frair for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority. 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. `~ SOMPO INTERNATIONAL POWER OF ATTORNEY 4252 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC'), each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: Andrea Paris, Jonathan Cagner, Julia B, Bales, Kenneth A. Coate, Stephanie D. Fisher as true and lawful Attomey(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as suretyor co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million ($100,000,000.00) Such bonds and undertakings for said purposes, when duly executed by said attorneys) -in -fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the fallowing resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation Endurance American Lexon Insurance Company Bond Safeguard By: Richard Appel; SVP & Senior Counsel ra SSU ties b GpFiP0Pq'- (JD„s 1 2002 uj DELAWARE,.'��; Insurance Company By. Richard Appel; SVP & Senior Counsel „,„nnnlnr,nno�, ',c� eGQRPOR9 dSC, �'. SEAL Insurance Company By: Richard Appel; SVP & Senior Counsel n,INSLI"., aL�c�JOl1TH�t�'`3 �jy ; DAKOTA O a', INSURANCE' -4 COMPANY ri�yrnl„, `„pa _____ `5111111l IIT� Illfllllln„Il" 0 ,kl TAYZ el On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose,Arld SaylM- eft y is an officer of each of the Companies; and that he executed said instrument on behalf of each Company by out �ri,,fTioe under the bi lava's ofwh C-omT- ny. Fj ByAmyTaylc ublic— My C6rnA 3I9127 CERTIFICATE ''1l, ,,,,,•' I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of Decem r 20 25 By: Richard Appel; SVP & Senior Counsel By: Daniel. Lb4e, Secretary No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency'. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasurys website— https://www.treasurv.,ovtresource-centerisanctions/SDN-List. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law ar is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductirns are void. Surety Claims Submission: EexonCialmAdministration(cbsompo-intl.com Telephone; 615-553-9500 Mailing Address: Sompo International; 12390 Lebanon Road; Mount Juliet, TN 37122-2870 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 Riverside On OEC 2 3 2025 Date personally appeared before me, Mariah Giselle Barela, Notary Public Here Insert Name and Title of the Officer Julia B. Bales Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(} whose names} is/tee subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #iie/her/the+F authorized capacityfies), and that by#is/her/theif-signature(M on the instrument the person(4 or the entity upon behalf of which the person(s) acted, executed the instrument. .- ". PrRf,r M 3- LlC g,'tf2Fl�1 II� COMM. #'2417:110 a _ NOfARVPUB0C-CALIF©RNIA RIVERSIDE Co ,'iY ilty #:ninon. E OOS Sept. 20, 2026 Place Notary Seat 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 Signature of Notary 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(les) Claimed by Signer(s) Signer's Name: Ll Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Q Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL. CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Riverside J} On December 29, 2025 Date before me, Teresa Juarez, Notary Public Here Insert Name and Title of the Officer personally appeared Lisa Venable Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose name Isis/are- subscribed to the within instrument and acknowledged to me thatd4ershe/tOrq executed the same in l�her/tleir authorized capacity(tesrand that by biFAerltbsi# signature,(s)-on the instrument the person(s}, or the entity upon behalf of which the person{ acted, executed the instrument. TERESA JUAREZ Notary Public - California " Riverside County a commission # 2471 B20 — "� My Comm, Expires Nov 14, 2027 Place Notary Sea/ 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 UaL4 Signature of Notary Public Completing this Information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: 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: C2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ��1GINAL ISSUED IN THREE ORI INAL CO NTERPARTS BOND NO. EACX4051041 COUNTERPART NO. OF PREMIUM: $26,066.00 THE PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE AND PERFORMANCE BOND IS SUBJECT TO ADJUSTMENT. (CALIFORNIA PUBLIC WORK) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded to Bogh Construction, LLC (hereinafter designated as the "Principal" or "Contractor"), an agreement for the work described as follows; FCS20251017TS & City Hall Renovation (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for said Public Work dated December 16, 2025 , (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.. NOW, THEREFORE, we, _ _.B. ogh Construction, LLC , the undersigned Contractor, as Principal, and Endurance Assurance Corporation , a corporation organized and existing under the laws of the State of Delaware , and duly authorized to transact business under the laws of the State of California as Sure are are held and firmly bound unto the City of Redlands in the sum of Seveniy� Ilion ThreeSix a d0011 0's S�ixThousan tight Hundred Dollars ($ 3,656,873.00 ---), 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,13 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23rd day of December , 20 25 . PRINCIPAL/CONTRACTOR: Bogh Construction, LLC By. SURETY: Endurance Assurance Corporation 7 Attorney -in -Fact Julia B. Bales The rate of premium on this bond is $11.521$6.96/$5.52 Sliding Scale per thousand. The total amount of premium charged: $ 26,066.00 (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 finds, 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) Endurance Assurance Corporation (Name and Address of agent or representative for service for service of process in California) Hub International Insurance Services Inc. DBA Inland Surety Bonds & Insurance Services 12890 Lebanon Rd., Mt. Juliet, TN 37122 3801 University Ave., Ste. 400, Riverside, CA 92501 Telephone: 747-228-4830 Telephone: 951-788-8581 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 No. 5082-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority "PHIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Endurance Assurance Corporation of Delaware, organized under the laws of Delaware, 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 Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, 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. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter 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 California as long as such laws or requirements arc in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 23'd day offlugust, 2016, I have hereunto set my hand and caused my official seal to be affixed this 23'd day offlugust, 2016, Dave Jones Insurance Commissioner By Caro .owl F`rraaiir for Joel Laueher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate o€Authority_ Failure to do so will be a violation of lnsurance Code section 701 and willbe grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. SOMPO INTERNATIONAL POWER OF ATTORNEY 4252 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC'), each, a "Company' and collectively, "Sompo International," do hereby constitute and appoint: Andrea Paris, Jonathan Cagner, Julia B. Bales, Kenneth A. Coate, Stephanie D. Fisher as true and lawful Attorneys) -In -Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million ($100,000,000.00) Such bonds and undertakings for said purposes, when duly executed by said attorneys) -in -fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation Endurance American Lexon Insurance Company Bond Safeguard 1�tj �m ��� By: Richard Appel; SVP & Senior Counsel t surance GO�yp O1 T�00 t S2002 I L 0 ;Y�•, DELAWARE,: a: Insurance Company By; T-Lim C�up Richard Appel; SVP & Senior Counsel ""µ,pHl,bx,q„ ,• T eGCD afcP Rgd7�•_ DELAWARE a CKNI Insurance Company atA 0 By: Richard Appel; SVP & Senior Counsel tNsu i40, souTN nn�= DAKOTA ; OE INSURANCEti 20 COMPANY r On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly swom, did deposeond palitfat.ieltfipy is an officer of each of the Companies; and that he executed said instrument on behalf of each Company by out rity of is ice under the b';r law's ofgph Company. nF TbrH�'�SEE Wp _ uc wauc By. Amy Taylo Nota ublic — My Cdr> W& 319127 CERTIFICATE I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The fallowing are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attomeys-in-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or cc -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whale thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of Decem r 20 2rj By: iLC A trP Richard Appel; SVP & Senior Counsel By: Daniel T Lbde, Secretary No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency'. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can he located on the United States Treasurys website— htts:l/www.treasu ov/resource-centerlsanctions/SDN-List. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are paid. Surety Claims Submission: LexonClaimAdministration(cD_sompo-intl.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12090 Lebanon Road; Mount Juliet, TN 37122.2870 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 Riverside On OEC 2 3 2025 before me, — Dote personally appeared Mariah Giselle Barela, Notary Public Here Insert Name and Title of the Officer Julia B. Bales Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4islher/the+4 authorized capacity0es), and that by-k+is/herAke+-signature(s) on the instrument the person b or the entity upon behalf of which the person(s) acted, executed the instrument. { = ('�iF;i"til�i� e�iS1=Ll_IT �r1f�ELA Comm. #241.71 9 „ P a GL ! C{si NOI'MY PUPLJC - IFOWA �, // RIV�RSIDL COUIiTY i y Ctsrnrn, £r.Rires Sept. 2U, 20 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 W4V2 Sign ture of Notary 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: Capracity(les) 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: (002019 National Notary Association Numberof Pages: Signer's Name: ❑ Corporate Officer — Tltle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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 Riverside j} On December 29, 2025 Date before me, Teresa Juarez, Notary Public Here Insert Nome and Title of the Officer personally appeared Lisa Venable Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,(s lwhose nam sj is/a er"subscribed to the within instrument and acknowledged to me that pwfshe/t4el executed the same in Weher/their authorized capacity{, and that byoht5/her/tt-iT'signature,(;a�n the instrument the persoryea or the entity upon behalf of which the person] -acted, executed the instrument. TERESAJUAREZ Notary Public - California c ` = Riverside County z Commission N 2471820 My Comm. Expires Nov 14, 2027 Place Notary Seal andlor 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 seat. Signature OPTIONAL Signature of Atary 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association NumberofPages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ORIGINM_ ISSUED IN THREE ORIGINAL COUNTERPARTS COUNTERPART NO. OF -3 PERFORMANCE BOND (CALIFORNIA PUBLIC WORK) BOND NO. EACX4051041 PREMIUM: $26,066.00 THE PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE AND IS SUBJECT TO ADJUSTMENT. KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Redlands (sometimes referred to hereinafter as "Obligee") has awarded to Bogh Construction, LLC (hereinafter designated as the "Principal" or "Contractor"), an agreement for the work described as follows: FCS20251017TS & City Hall Renovation (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for said Public Work dated December 16 2025 , (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, Bo h Construction LLC the undersigned Contractor, as Principal, and Endurance Assurance Corporation_, a corporation organized and existing under the laws of the State of Delaware , and duly authorized to transact business under the laws of the State of California as Suret are held and firmly bound unto the City of Redlands in the sum of Three iNil[ion Six Hundred Fifty -Six Thousan Eight Hundred Seventy-Three and 001100's Dollars ($ 3,656,873.00 --- 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 Dept 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 seats this 23rd day of December , 20 25. PRINCIPAL/CONTRACTOR: Bogh Construction, LLC By: SURETY: Endurance Assurance Corporation y: Attorney -in -Fact Julia B. Bales The rate of premium on this bond is $11.521$6.96/$5.52 Sliding Scale per thousand. The total amount of premium charged: $ 26,066.00 (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 Conunissioner 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) Endurance Assurance Corporation (Name and Address of agent or representative for service for service of process in California) Hub International Insurance Services Inc. DBA Inland Surety Bonds & Insurance Services 12890 Lebanon Rd., Mt. Juliet, TN 37122 3801 University Ave., Ste. 400, Riverside, CA 92501 Telephone: 747-228-4830 Telephone: 951-788-8581 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/shehhey 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 City of Redlands Performance Bond Page 45 No. 5082-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Endurance Assurance Corporation of Delaware, organized under the laws of Delaware, 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 Certificate, the fallowing classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, 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. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter 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 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 WHEREOF, effective as of the 23rd day of August, 20J 6, I have hereunto set my hand and caused my official seal to be affixed this 23'd day ofAugust, 20I6. Dave Jones Insurance Commissioner By Carol Frair for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority. 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. SOMPO INTERNATIONAL POWER OF ATTORNEY F, INSURANCE 4252 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC'), each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: Andrea Paris, Jonathan Cagner, Julia B. Bales, Kenneth A. Coate, Stephanie D. Fisher as true and lawful Attomey(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million ($100,000,000.00) Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation By: Richard Appel; SVP & Senior Counsel ,urmx,. a`•�y Go�QQ2gT RE..'JO Endurance American Insurance Company gyp, By; Richard Appel; SVP & Senior Counsel OFQY, �t 1996 f DELAWARE,• Z .• 2 Lexon Insurance Company Bond Safeguard Insurance Company By: lu, 3 M � �, r Richard Appel; SVP & Senior Counsel ,J„5„o„rtr,,,ryh J"np IN5Up'' DAKOTA O a p', INSURANGE ' Zn COMPANY` On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly swom, did depose�end aytlYat, eft y is an officer of each of the Companies; and that he executed said instrument on behalf of each Company by out rity ofTicender the hi-lawsof9gch bomlTany. OF rErn+E55E- nOrfgy � � uc By: Amy Tayio Not. ublic —My C(nM3I9127 CERTIFICATE '.......,,, I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of allorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings Or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of Decem r 20 2fJ �r�i By: Richard Appel; SVP & Senior Counsel By: Daniel S. Lt4e, Secretary No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency'. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasurys website— https:l/www.treasury.gov/resource-center/sanctions/SDN-List, In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bcmd or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdmin istration(msompo-Intl.cam Telephone: 615-553.9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 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 Riverside On DEC 2 3 2025 Date personally appeared I before me, Mariah Giselle Barela, Notary Public Here Insert Name and Title of the Officer Julia B. Bales Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(s} is/ar-e-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #is/her/t e+r authorized capacity0es), and that by-his/her/t4ek-signature(--) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ^: " i-dIARIAH GISELLE BARELA LU _ F COMM.! �}�-7�F ,ate9 li V1Yf IVlTt�r�L! 3tJ �! NOTARY PUBLIC CALIFORNIA w RIVERSIDE COUNTY � r P4y Comm. Expires Sept. 20, 2026 Place Notary Seat andlor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the #oregoing paragraph is true and correct, WITNESS my hand and official seal. Signature —W" Si oture of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 11 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Numberof Pages: Signer's Name: ❑ Corporate Officer— Title(s): Q Partner — Q Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Q Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otherofficercompleting this certificate verifies only the identify of individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Riverside J} On December 29, 2025 Date before me, Teresa Juarez, Notary Public Here Insert Nome and Title of the Officer personally appeared Lisa Venable Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person8rwhose nameWs/subscribed to the within instrument and acknowledged to me that.Desheltl;leq'executed the same in j4+s/her/tom authorized capacity ie nd that by #isther/tkEM signature(&Mn the instrument the personka); or the entity upon behalf of which the person(gyacted, executed the instrument. �p TERESAJUAREZ r Notary Public - California Riverside County commission # 247182D' " My Comm. Expires Nov 14, 2621 Place Notary Sea! and/or Stamp Above 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 Signature of Notary Public Completing this information can deter alteration of the document of 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 — U Limited ❑ General ❑ Individual ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: