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HomeMy WebLinkAboutFODDRILL CONSTRUCTION CORPORATION (2) Recording Requested By, And When Recorded Mail To: City of Santa Ana,Public Works Agency M22 Recorded in Official Records, Orange County 20 Civic Center Plaza,P.O.Box 1988 Hugh Nguyen, Clerk-Recorder Santa Ana,CA 92702 1111 111]�11 1111 III 111 1 II 111II fl III I I III NO FEE * $ R 0 0 1 2 4 8 4 1 2 8 $ * 202100006933310:48 am 02/01/21 363 RW11A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 /P I NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused A construction of NEW LIGHTING AT SIX PARKS under contract entered into on JULY 2, 2019, a with FODDRILL CONSTRUCTION CORPORATION, on which contract NATIONWIDE MUTUAL INSURANCE COMPANY is surety. The property on which such work improvement Wo was placed is in the City of Santa Ana, County of Orange, State of California, and described as o z Project Nos. 18-2683-18-2689 located at: Angels, Cabrillo, Chavez, Portola, Riverview, and zw c Rosita Parks. The work improvement on said property was accepted as completed on AUGUST 21, 2020. � o w CITY OF SANTA ANA, A MUNICIPAL CORPORATION w z d by Dated: e'r L Principal C- '1 Engineer—Jason Gabriel ate, TITLE a ------------------------------------------------------------------------------------------- VERIFICATION I, the undersigned, say: I am the City Engineer- Edwin "William" Galvez of the City of Santa Ana, Califomia; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on�_-�I( LOa 1 2dZ� , at Santa Ana, California (signature of in Ldua swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION The Orange County Register 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5211379 CNSI3 / CNSB-ACCOMMODATIONS 915 E 1 ST ST ORDER EXPEDITING LOSANGELES, CA 90012-4050 FILE NO.3247826 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 04127/2019, 05/04/2019 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: May 04, 2019. Signature PROOF OF PUBLICATION Legal No. 0011263829 IIIIIIA IIIIIIINIIIINIINIIIIIIIIIIIIIIIIIIIIIII�IIIIiINIIIIINIIiI r.IPMWIW16 MAYOR CITY MANAGER Miguel A. Pulido ., Kristine Ridge MAYOR PRO TEM CITY ATTORNEY Juan Villegas Sonia R. Carvalho COUNCIL MEMBERS ACTING CLERK OF THE COUNCIL Cecilia Iglesias - Norma Mitre -Ramirez David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTAANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 •Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 v .santa-ana.Wg NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) To COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: New Lighting at 6 Parks Date of Approval: 07/02/2019 ProjectNumber(s): PWA-2019-780-CIP Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number: ER-2019-43 Project Description: Project involves maintenance and repair of an existing public facility for safety. Applicant Name: Suzi Furjanic, Public Works Applicant Address: 20 Civic Center Plaza SANTA ANA, CA 92702 Name of Public Agency Approving Project City Council Name of Person or Agency Carrying Out Project: Furjanic, Suzi Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through a)) ❑ General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: 0 Categorical Exemption: 15301d Reason(s) Why Project is Exempt From CEQA: Project involves renovation to existing facilities. City Contact: Suzi Furjanic Telephone: (714) 571-4241 Signature: Title: 71�5GG PI t PlA✓Ih Z Date: '�. �?i• i SANTA ANA CITY COUNCIL Miguel A Pulido Juan Villages Vincente Sarmiento Jose solorio Vacant David Penaloza - Cecilia Iglesias Mayor Mayor Pro Tem, Ward5 Ward Ward Ward Ward Ward moul'do(asanta-anaora 'villenasfasanta-ana.oro usarmientonsanta-ana.ora isolono(afsanta-ana.Ora naloza(gsanta-ana.ordciolesias0santa-ana.ora AUG 2 6 2019 CITY OF SANTA ANA CONSTRUCTION CONTRACT tiu l liz PROJECT 18-2683, 18-2684, 18-2685, 18-2686, 18-2687, AND 18-2689 NEW LIGHTING AT SD{ PARKS PROJECT This CONSTRUCTION CONTRACT is made and entered into this 2°a day of July, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Foddrill Construction Corporation (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and fin-nish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the New Lighting at Six Parks Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Seventy -Nine Thousand Three Hundred Seventy -Eight Dollars and Seventeen Cents ($579,378.17), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Rv.09iov2on Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF RSAPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100°/u) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, fumish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: • I DAISY GOMEZ Clerk of ,- CotiTcil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:. J FUNK Assistant City Attorney FOR APPROVAL: �O MAD AWEISS, PE, PLS Executil Director Public rks Agency CITY OF SANTA ANA KRISTINE RIDO City Manager CONTRACTOR: Foddrill Construction Corporation NAME: TITLE: Page 3 of 3 City of Santa Ana Page 1 Now Lighting at 6 Parka (16-2603 thru 18-2689), bidding on May 22, 2019 2:00 PM (Padfic) Primed 05/202019 Bid Results EXHIBIT A Bidder Details Vendor Name Fodddll ConstNcOon Corporation Address P.O. Box 826 China, CA 9170MS26 United States Respondee Oscar Sevilla Respondee Title EsOmator/Project Manager Phone 909491-4095 Ext. Small osevllla@fodddliconstmctlon.com VandorType License N CA DIR Bid Detail Bid Format Electronic Submitted May 22, 2019 1A0:34 PM (Pactio) Delivery Method Bid Responsive Old Status Submitted Confirmation N 179030 Ranking 0 Respondee Comment Buyer Comment Attachments File TRIe File Name File Type Fodddll General Forms Fodddll Gonerai Forma Signed.pdf General Forms Fadddll Ownership Affidavit FodddlLOwnership Afldavg.pdf Ownership Affidavit (Notary Public'- REQ Original Hard Copy Submittal In Addition Fodddll Bid Bond Fodddll Bid Bond.pdf Bid Band Guaranty (Notary Public'" REQ Original Hard Copy Subml0al In Addition Fodddll Non Collusion Affidavit Foddrili_Non-Collusion Affidavitpdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Rem Code UOM QtY Unitprice Line Total Comment Base Bid Items 1 NEW LIGHTING AT ANGELS PARK LS 1 $38,36B.37 $36,368.37 2 NEW LIGHTING AT CABRILLO PARK LS 1 $70,263.84 $70,263.84 PlanotBids, Inc. City of Santa Ana Page 2 New Lighting at 8 Parks (1(1-2683 thru 16-2689), bidding on May 22, 2019 2:00 PM (Padflo) PdMed OW2=019 EXHIBIT A Bid Results Type Item Coda UOM Oty Unit Pdoa Line Total Comment 3 NEW LIGHTING ATCHAVEZPARK LS 1 $72,945.62 $72,945.82 4 NEW LIGHTING AT PORTOLA PARK LS 1 $133,803.92 $133,803.92 5 NEW LIGHTING AT RIVERVIEW PARK LS 1 $110,886.76 $110,880.76 5 NEW LIGHTING AT ROSITA PARK LS 1 $104,274.27 $104274.27 7 ADDITIONAL LIGHT POLE" EA 5 0,318.02 $16,680.10 8 ADDITIONAL LIGHT POLE ASSEMBLY" EA 5 $2,222.50 $11,112.80 9 ADDITIONAL WIRING* LF 300 $16.10 $4,830.00 10 ADDITIONAL CONDUIT" W 300 $15.75 $4,725.0o 11 A"UILTORAWINGS LS 1 $3,687.60 $3,687.60 12 LABOR AGREEMENT OVERSIGHT LS 1 $10,000.00 $10.000.00 Subtotal $570,378.17 Asterisk Notes (Per Section 3.2 of Standard Specifications) - NOT part of Total Bid Calculation 13 "= The quantity for this bid Item Is shown for bid comparison only. This bid Item shall not be subject to the 250/6" limit as stated In Section 3-2 of the Standard Speolfloa5ons. The actual amount for this Item will be dictated by the actual quantl0y used, and the Agency reserves the right to Increase ordecresse the quan8ty of this Item accordingly. EA 0 $16.10 0 14 t - This bid Rem Is considered a Specialty Item per Section 2-3.2 of the Standard Speclflca9ona. EA 0 $16.75 0 Subtotal 0 Total. $579,378.17 PlanetBlds, Inc. CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.: 18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS TOTAL BASE BID $ 579,378.17 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within ONE -HUNDRED TWENTY (120) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $500 per calendar day. Name of Firm Signature of BE Title Owner/CEO (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 ofP-16 City of Santa Ana Page 1 New Lighting at 6 Parks (16.2683 thru 16.2689), bidding on May 22, 2019 2:00 PM (Pacific) Printed 0e122J2019 Bid Results Bidder Details Vendor Name Foddrlll Constructlon Corporation Address P.O. Box 826 Chino, CA 91708.0828 United States Respondee Oscar Sevilla Respondee Title EstlmatodProiect Manager Phone 909-591.4095 Ext. Email osevllla@foddrlllconstruction.cam Vendor Type License # CA DIR Bid Detail Bid Format Electronic Submitted May 22, 2019 1:40:34 PM (Pacific) Delivery Method Bid Responsive Old Status Submitted Confirmation N 179030 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Foddrlll General Forms Foddrlll_General Forms_Slgned.pdf General Forms Foddrill Ownership Affidavit Foddrlll_Ownership Affidavltpdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Foddrlll Bid Bond Foddrlll_Sid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal In Addition Foddrlll Nan Collusion Affidavit Foddrlll_Non-Collusion Affidavlt.pdf Non-Colluslon Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UQM Qty Unit Pdce Line Total Comment Base Bid Items 1 NEW LIGHTING AT ANGELS PARK LS 1 $30.388.37 $36.368.37 2 NEW LIGHTING AT CABRILLO PARK LS 1 $70,263.84 $70,263.84 PlanetBlds, Inc. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Foddrill Construction Corporation REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I NEW LIGHTING AT 1 LS $ $ ANGELS PARK 36,368.37 36,368.37 2 NEW LIGHTING AT 1 LS $ $ CABRILLO PARK 70,263.84 70,263.84 3 NEW LIGHTING AT 1 LS $ $ CHAVEZ PARK 72,945.62 72,945.62 4 NEW LIGHTING AT 1 LS $ $ PORTOLA PARK 133,803.92 133,803.92 5 NEW LIGHTING AT 1 LS $ $ RIVERVIEW PARK 110,886.75 110,886.75 6 NEW LIGHTING AT 1 LS $ $ ROSITA PARK 104,274.27 104,274.27 7 ADDITIONAL LIGHT POLE* 5* EA $ $ 16,580.02 3,316.02 8 ADDITIONAL LIGHT POLE 5* EA $ $ 11,112.80 ASSEMBLY* 2,222.56 9 ADDITIONAL WIRING* 300* LF $ $ 16.10 4,880.00 10 ADDITIONAL CONDUIT* 300* LF $ $ 15.75 4,725.00 11 AS -BUILT DRAWINGS 1 LS $ $ 3587.50 3587.50 12 LABOR AGREEMENT OVERSIGHT 1 LS $10,000 $10,000 TOTAL BASE BID $ 579,378.17 P-1 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS TOTAL BASE BID 8 579,378.17 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-altemate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. fi This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within ONE -HUNDRED TWENTY (120) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $500 per calendar day. Name of Firm Signature of BB Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of. the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name ofFirm Signature of BE Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Foddrill Construction Corporation Business Address: P.O. Box 826 Chino, CA 91708-0826 Business E-Mail Address: leonora(a)foddrillconstruction or osevillapfoddrillconstruction.com Telephone: (909) 5914095 State Contractor's License No. and Class: 946999, Class A and C-10 License Expiration Date: 05/31/2020 State Dept. of Industrial Relations (DIR) Registration No.: 1000025525 State Dept. of Industrial Relations (DIR) Registrat Signed: Title: Owner/CEO P-4 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of BI Title Owner/CEO (if an individual, so state) P-5 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS �It7.7.•\'J IU STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: yy CITY OF SANTA AN�A1 ) 1 �Jl e_ U V \ C. C � C" O IA C� `(' 1 ` l , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑PARTNERSHIP That he/she is a member of the co-paromership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who consdtute the other members of the co -partnership. M'i ® CORPORATION That'h@ is of t -i— f� tI (1 Y \ a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one ofthe parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties melding said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secpTe any advantage against the City of Santa Ana or any person interested in the proposed contr&J, for himself oolbr a otl er pe , on. l/ Signatutte of Bidder Subscribed and sworn to befoie me his �,� o th day of 1 .20 14- .t.NONA USA nEEGAae §i�tlatnre of officer Administers Oath (Notary Public) _ Nate y Public California - Z. San aernarEinp County Commission a 2236566 My Comm. Eapirer AT 4203E ' P-6 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS KNOW ALL PRESENT that, Foddrill Construction Corporation , as BIDDER, and Nationwide Mutual Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Bid Amount Dollars ($10% of Bid Amounj, which is ten percent (101/6) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this . 20th. day of May , 20 19. BIDDER* Foddrill Construction Corporation > i ehU(� C ` SURETY* Nationwide Mutual Insurance Company / i P.O. Box 1820 / Gab(el G Subscribed and swom to before me , 20_ Signature: Notary Public in and for the County of , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 KNOW ALL MEN BY THESE PRESENTS THAT: Naflonwide Mutual Insurance Company, an Ohio corporation Allied Property and Casually Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation hereinafter referred to severally as the 'Company' and collectively as "the Companies' does hereby make, constitute and appoint: GABRIEL G. HILL CHINO HILLS CA each in their individual capacity, its two and lawful adomey-arm-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of ONE MILLION AND NO/100 DOLLARS S 1,000,000.00 and to bind the Company thereby, as fully and to the some extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Aaomey pursuant to the authority givan are hereby ratified and confirmed. This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, fors, applications, memorandums. undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority: provided, however, that the authority granted hereby shall in noway limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company.' 'RESOLVED FURTHER, that such atlomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents.' - This power of attorney is signed and sealed under and by the following bylaws duly adapted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and aulhodty to sign or attest all approved documents, instruments, contracts. or other papers In connection with the operation of the business of the company In addition to the chalran of the board. the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document. contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused [his instrument o e seatetl and duly attested b the signature of its officer the 2T" day of February. 2019. �_% ♦_`, Antonio t. Albanese,VVicee/vrP-res`—ident—off Nationwide Mutual Insurance Company, AMCO Insurance ��•• f•- Company, Allied Property and Casualty Insurance Company • 'SEAL-0 SEtlYtlAu�rrT • ,' ACKNOWLEDGMENT I *JIf ',,= I STATE OF NEW YORK, COUNTY OF NEW YORK: as On ;=�� this 2Ph day of February. 2019, before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes that he is 410- q�� f : w6'' and says, the officer of the Company aforesaid, that the seal affixed hereto Is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed+, yraur �SEAL! and subscribed to said instrument by the authority and dinection of said Company. 91 ..ff�� • smmee o.ue ff(' g NooryVW!iS 5u1, e1 New YeM1 Vq`.y✓rL(...G'. Y./ /�� -,� `-^� ♦ No.O1GF6r16619 �'�/_ WaNFtlin WOVMrta County CMI,M1,YOn Eq�w Sey1,mG, F6, 1P11 FeNryf,M,e E„bnngan4pua, CERTIFICATE I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution Included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner, that said Antonio C. Albanese was on the date of the execution of the foregoing pourer of attorney the duty elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this �� day of �Mrcz, -'7� �g autA 8- Assistant Secretary BDJ 1(02-19)00 29033 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 San Bernardino On May 20, 2019 before me, Ramona Lisa Delgado Date insert Name and Title of the officer Public, personally appeared Gabriel G. Hill Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(y) whose name( is/ay6 subscribed to the within instrument and acknowledged to me that hells ,ye/they executed the same in hisffi (r/their authorized capacity(i%s), and that by his/or/t4i�ir signature() on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand!ad official seal. ""Mo""Eisaoecc.00 Maury Public - Cohort, 0 San Bernardino County Commission • 2236566 MY Comm. Eaairnb•s. tCE2 ' Signature: ��„ice >� ✓�//- vC�� — / .......................... OPTIONAL -------------------- — --------------- ------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Signers Name: ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Vz% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Bithell, Inc License #/Exp. C-13 225174 exp 06/30/2020 DIR Reg. #/Exp. 1000001155 exp 06/30/2021 Location Covina, CA Phone (626)331-2292 Type Of Work Applv Vitrocem Anti -Graffiti Amount $ S8.800.00 Name V&E Tree Service License #/Exp. C-27, C61/D49 654506 exp 9/30/20 DIR Reg. #/Exp. 1000001936 exp 6/30/2019 License # 654506 Location _Orange, CA Phone (714)997-0903 Type Of Work Tree Pruning Service Amount $ $9,800.00 Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone T Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR. Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone _ Type Of Work Amount $ Name License #/Exg. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-8 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. Ameron/NOV, 1020 B Street Name and Address of Owner. Deson Smith, (805) 524-0223 ext 353 Name and Telephone Number of person familiar with project. $4,000,000.00 Streetlight maintenance and replacement 11/93 to present Contract Amount Type of Work Date Completed 2. City of Santa Ana Name and Address of owner. Michael Ortiz. (714) 647-5624 Name and Telephone Number of person familiar with project. $720,499.33 Security Lighting at 8 Parks Contract Amount Type of Work 3. City of Palmdale Name and Address of owner. Arista Hennessev, (661) 267-5458 Name and Telephone Number of person familiar with project. $1,465,206.20 Contract Amount LED Conversion Type of Work July 2017 Date Completed 06/2018-Present Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Insurance & Surety, LLC, Agent Gabriel Hill, 4195 Chino Hills Parkway #403, Chino Hills, CA 91709 Lic. 0167797. (909) 703-9396 Cell P-9 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of Rancho Cucamonga Name and Address of Owner. Fred Lyn, (909) 774-4035 Name and Telephone Number of person familiar with project. $613,235.02 LED Conversion 01/2019 Contract Amount 2. 3. Name and Address of owner. Armando Jaime, (714) 961-7170 Type of Work Name and Telephone Number of person familiar with project. $20,258.75 LED Conversion Contract Amount Type of Work City of Corona Name and Address of owner. Tracy Martin,(951) 817-5880 Name and Telephone Number of person familiar with project. $500,647.60 Contract Amount LED Conversion Type of Work Date Completed 11/2018 Date Completed 01/2018 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Insurance & Surety, LLC, Agent Gabriel Hill, 4195 Chino Hills Parkway #403, Chino Hills, CA 91709 Lic. 0167797, (909) 703-9396 Cell P-10 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part ofthe Proposal. BIDDERS are cautioned �ha�making a false certification may subject the certifier to criminal prosecution. Signed State of California County of_ c r\ .e,rhgrdi ilC) Subscribed and sworn to (or affirmed) before me on this y day of 20/ by proved to me on the basis of satisfactory evidence to 1 fe the person(s) who appeared before me � n Public Signature % Notary Public Seal _ BA6IDNAE15aoElGADO Notary Pu61ic-California San Bernardino County f_ -� Commission a 1316566 Ny Comm. Eapirn All T. SC22 P-11 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the�Chppter. n '7-::�_ Signed: ( kFlll9l�,�1" Title: n. P�irFn Fes: Foddrill Construction Corporation Date: 05/20/2019 P-13 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like a t to the Ca ' is A renticeship Council. Signed: Title: Owner/CEO Firm: Foddrill Construction Corporation Date: 05/20/2019 P-14 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. !-1 Title: Owner/CEO Firm: Foddrill Construction Corporation Date: 05/20/2019 P-15 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2683 THRU 16-2689 NEW LIGHTING AT 6 PARKS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-16 of P-16 WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section J700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this c tract. Signed: _ Title: Owner/CEO Firm: Foddrill Construction Corporation Date: 05/20/2019 CITY OF SANTA ANA BONDS PROJECT NO,; 18-2684. 18-2685, 18-2686, 18,2687, 18-2687 and 18-2689 Bond # BD756235 IIG\Ym,111 e 1 e : 1► 1 KNOW ALL MEN BY THESE PRESENTS that Foddrill Construction Corporation as CONTRACTOR, and Nationwide Mutual Insurance Company a corporation, organized and existing under the laws of the State, 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 Santa Ana, as AGENCY, in the penal sum of Five Hundred Seven Nine Thousand Three Hundred Seventy Eight and 17/100************** Dollars ($ 579,378.17 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated July 2, 2019 for New Lighting at Six Parks Project if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 8th. day of July , 2019 (� CONTRACTOR* P ndRl^nCo'�truction Corporation SURETY* Nationwide Mutual Insurance Company LaMesa. Ca. 91944 b iel I - n = -I Subscribed and sworn to before m , Ramona Lisa De o 1 8th. day of July , z0;19. PAMONALISA DELL DO — RAMO public - California San Bernardino County Commission 4 2236566 Signature: /(L - �i 0My Comm. Expires Apr 1, 2022 ' Notary Publ' in and for the County o San B@rnarCilnOState of California Rate of premium on this bond is $ Various per thousand. Total amount of premium charge is $ 9,474.00 . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 1 of 3 CITY OF SANTA ANA BONDS PROJECT NO.: 18-2684,18-2685,18-2686,18,2687,18-2687 and 18-2689 Bond # BD756235 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that Foddrill Construction Corporation as CONTRACTOR, and Nationwide Mutual Insurance Company a corporation, organized and existing under the laws of the State, 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 Santa Ana, as AGENCY, in the penal sum of Five Hundred Seven Nine Thousand Three Hundred Seventy Eight and 17/100**********t)ollars ($ 579,378.17 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated July 2, 2019 for New Lighting at Six Parks Project if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 8th. day of July , 2019 I Foddrill Construction Corporation CONTRACTOR* P.O Box 826 Chino, Ca. 91708 Nationwide Mutual Insurance Company SURETY* P.O. Box 1820 Subscribed and swom to before m , Ramona Lisa Delgado, Notary Public, this 8th. day of J u l 2019. RAMDNA LISA DELGADO Notary Rubft - California San Bernardino County Signature:` 1 2 14 d Commissions,- 2236566 OMY Cwm .: Egirpt AI, 2CZ2 Notary Publ'c in and for the County o San Bernardino State of California Rate of premium on this bond is $ Included per thousand. Total amount of premium charge is $ Included . To beflled in by Surety *Provide CONTRACTOR I ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2 of 3 CITY OF SANTA ANA BONDS PROJECT NO.: 18-2684, 18-2685, 18-2686, 18,2687, 18-2687 and 18-2689 Bond # BD756235 WARRANTY PERFORMANCE AND PAYMENT BOND (To be submitted upon project completion as a condition of project acceptance) KNOW ALL MEN BY THESE PRESENTS that Foddrill Construction Corporation as CONTRACTOR, and Nationwide Mutual Insurance Company a corporation, organized and existing under the laws of the State, 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 Santa Ana, as AGENCY, in the penal sum of One Hundred Thousand and 00/100*******************************************•*********•**** Dollars ($ 100,000.00 ), which is _ percent of the final contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION AR E SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated July 2, 2019 for New Lighting at Six Parks Project if CONTRACTOR faithfully warrants the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 8th. day of July 2019 n n CONTRACTOR* Poddn Construction Corporation Nationwide Mutual Insurance Company SURETY* on 0-- aonn Subscribed and swp/mT � to before m Ramona Lisa Delgado, Notary Public this 8th• day of July 20 19'. BAASONA USA DELGADO Notary Public -California pp /1 ° San Bernardino County JSignature: �r / Commission t 22J6566 My Comm. E.'o. Ay, 1. 20 22 Notary Public in and for the County of San Bernardino State of California Rate of premium on this bond is $ Included Total amount of premium charge is $ Included erthousand, To be filled in by Surety *Provide CONTRACTOR / ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 3 of 3 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Allied Property and Casualty Insurance Company, an Iowa corporation AMCO Insurance Company, an Iowa corporation hereinafter referred to severally as the 'Company' and collectively as "the Companies" does hereby make, constitute and appoint: GABRIEL G. HILL CHINO HILLS CA each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on Its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of ONE MILLION AND N0/100 DOLLARS $ 1,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such allomeys-in-fact shall have full pourer and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers In connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided. however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument o e sealedannd du�llyy� attested by the signature of its officer the 2T4 day of February, 2019. �", I ,1!E%,r Antonio .Albanese. Vice President of Nationwide Mutual Insurance Company, AMCO Insurance S��++y� TT �`` Are.� � TT Company, Allied Property and Casualty Insurance Company uvowt ® ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF NEW YORK: as On this 27'b day of February. 2019, before me came the above -nomad officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes ♦ieW,u,!lrrtr�' and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the ....... ♦ corporate seal of said Company, and the said corporate seal and his signature were duly affixed '♦� and subscribed to said instrument by the authority and direction of said Company. p�SEALs� Notary PubNq Sole al New Ya,k f��=+/ Na. xEUE61266d9 �fr t1.'rt-a"'-t✓',`��� ouaprree�n wesimene. cm,nq �� ee WcnE,gPn Septamber 16, 2021 xeuryrvua,o My Canmisan EtpF¢y Rprzmhv 16, CERTIFICATE 2m I, Laura B. Guy. Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution Included therein is a true and coned transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS W REOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 9_1L_ day of Assistant Secretary BDJ 1(02-19)00 29033