Loading...
HomeMy WebLinkAboutWRIGHT CONSTRUCTION ENGINEERING CORP. Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder Clerk of the Council,City of Santa Ana II�11 II I111111 IE�I�I IN 1111111 '��11 ENO FEE 20 Civic Center Plaza,P.O.Box 1988 * g R Q p 1 2 $ 5 3 9 9 9 $ Santa Ana,CA 92702 2021000345150 9:58 am 05126/21 340 414A N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY D 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 construction of DYER ROAD STORMDRAIN REPAIR under contract entered into on SEPTEMBER 2, 2020, with WRIGHT CONSTRUCTION ENGINEERING CORP on w which contract U.S. SPECIALTY INSURANCE COMPANY is surety. The property on Wo which such work improvement was placed is in the City of Santa Ana, County of Orange, State o z of California, and described as Project No. 21-6459 located at: DYER ROAD. The work Aimprovement on said property was accepted as completed on NOVEMBER 9, 2020 . az� o CITY OF SANTA ANA, A MUNICIPAL CORPORATION � v O by zDated: Principal Civil ngineer-Jason Gabriel � TITLE -----------------------------------------__------------------------------------________---- VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin"William" Galvez of the City of Santa Ana, California; 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, d I declare under penalty of perjury that the facts therein stated are true. Executed on � , at Santa Ana, California (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10) DAYS AFTER COMPLETION OGI o s ZON 0, PW4) (2) CV IGJor� i CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 21-6459 DYER RD STORMDRAtN REPAIR This CONSTRUCTION CONTRACT is made and entered into this 2nd day of Se tp ember, 2020 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 Wright Construction Engineering Corp. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish 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 Dyer Rd Stormdrain Repair 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. 3. 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 Sixty Two Thousand Four Hundred Forty Dollars and No Cents ($62,440.00), 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. my. 09/01/2017 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. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT 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 C WA may be found on the City's website at: http://www.santa-ana.oi-g/pwa/docuinents/CWA.pd 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%) 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, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION: To the fullest extent allowed by law. CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; Page 2 of 3 (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. However, nothing contained herein shall be construed as obligating CONTRACTOR to indemnity any Indemnitee for losses resulting from the gross negligence or willful misconduct of the Indemnitees. CONTRACTOR shall pay CITY for any costs incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: ?AISY GOMEZ rk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: - wn~ 7A, -f.4' ioAK FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: "A, PE Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDOIE City Manager CONTRACTOR: Wright Construction Engineering Corp. NAME: Wes Wr ght TITLE: President Page 3 of 3 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR EXHIBIT A BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Wright Construction Engineering Corp 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 Dyer Rd Stonndrain Repair I LS $ 62,440.00 $ 62,440.00 TOTAL BID $62,440:00 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. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGE The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within twenty (20) 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 $750 per calendar day. P- I of P-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR EXHIBIT A Name of Firm Signature of BE Title Wes Wright- President, Vice -President. SecretaryR Treasurer (If an individual, so stale. If a Gull or cu palUlcrsliip, siaic tlic f11111 iiaiiie niid give iiie uiunas of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-17 CITY OF SANTA ANA Bond No.9357996 BONDS PROJECT NO.: 17-6897 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that Elecnor Belco Electric, Inc. as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Seven Hundred Eleven Thousand Six Hundred Eighty Two and 00/100 Dollars ($ 711,682.00 ), 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 August 18 2020 for Project No. 17-6897 Flower Street Bikeway Federal Project #HSI PL-5063(187) 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 15th day of September 12020 Elecnor Belco Electric, Inc., 14320 Albers Way, Chino, CA 91710, (909) 993-5470 ext 254 :CONTRACTOR* Alberto Garcia, President/CEO, 14320 Albers Way, Chino, CA 91710, (909) 993-5470 ext 254 Fidelity and Deposit Company of Maryland, 1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196 - 1056, (947) 605-6000 Margaret Hentz, 777 South Figueroa St., Ste 3900, Los Angeles, CA 90017, (213-270-0757) Subscribed and sworn to before me, 20 Signature: Notary Public in and for the County of State of this day of Rate of premium on this bond is $ 3.87/tiered-rate per thousand. Total amount of premium charge is $ $2,432.00 . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorised representative. ..of Illinois 1 of 3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On 9/21/20 before me, _Rebecca Wilks, Notary Public t eremsertaamean Leo eo iced personally appeared Alberto Garcia who proved to me on the basis of satisfactory evidence to be the person(B-) whose name(s) Is re subscribed to the within instrument and acknowledged to me that the/they executed the same in Is er/their authorized capacity(ies), and that by is er/their signature(--) on the instrument the person($), or the entity upon behalf of which the person(s-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA WICI(s Notary Public - California San Bernardino County t Commission 2300424 My Comm. Expires Aug Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL OF THE ATTACHED DOCUMENT Santa Ana Performance Bond (Title or desctiption of attached document) (Title or description of attached document continued) Number of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other wntiw.NotaryClasses.cotn 800-87$ 9865 INSTRUCTIONS FOR COMPLETING THIS FORM Ihisform complies with current California smnaes regrading notm-p nnrdingand, ifneeded, should be completed and attached to the document. Acketawledgments from other stales way be completerf fro documents being sent to that stare so long as the wording does not require the ('olifornio uotan• to vie/ate Calrf ruin notary law. • State and County information must be the State and Counly where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization most be the date that the signer(s) personally appeared which must also be the same date the acknowledgment: is completed. • The notary public most print his or her name as it appears within his or her wnmsissirn followed by a conuna and then your title (notary public). • Print die name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fors by crossing olf incorrect forms (i.e. he/shetihey. is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression most not cover text or lines. If seal impression smudges, re -seal if a sufficient wren permits; otherwise complete a different acknowledgment form. • Signature of fire notary public must match die signature on file with the office of the county clerk. Additionat information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary). • Securely attach this document to the signed document with a staple. 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 0 County of On September 15, 2020 before me, Brendan Fletcher, Notary Public name and title of the officer) personally appeared Donna M. Planeta who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 Brendan Public BRENDAN FLETCHER NOTARPPUBLIC • CT 180835 (Seal) My Commission Expires Feb. 28, 2025 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL ML-N BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE. COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the Smite of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the Suite of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in frill force and effect on the date hereof, do hereby norainate, constitute, and appoint, Donna Al. PLANETA, Joshua SANFOR;D, Aimee R. P'ERONDINE, Danielle D. JOHNSON, Michelle Anne MCMAHON, Bethany STEVENSON, Blyan Al. CANESCH1, Kristopher PISANO, Rebecca M. STEVENSON, Nicholas TURECAMO and Tanya NGUYEN, all of Hartford, Connecticut, EACH, its true and lawful agent and Attorney -in -Fact; to make, execute, seal and deliver, for, and on its behalf as surety, and as its out and deed: any and all bonds anal undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shrill be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been dully executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons, The said Vice President does hereby certify that the extract set forth on the reverse side bereof is a hue copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said Z.URICR AMERICAN INSURANCE. COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4'th day of October, A.D. 2019, ATTEST; ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Roberl A Murray Vice President By: Dawn S. Brown Secretary State of Maryland County of Baltimore On this 4th day of October, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D, Murray, Vice President and Down E. Brown, Secretary of die Companies, tome personally known to be the individuals and officers described in and who executed the preceding instnunen� and acknowledged the execution of same, and being by me duly sworn, deposeth and sakh, that he/she is the said officer of the Company aforesaid, and (lint the seals affixed to the preceding instrument are the Corporate Seals ofsaid Companies, and that the said Corporate Seals and die signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and aflixod my Official Seal the day and year fast above writte). `or.ttt�frr a; t nwit %. 9, Pllil�si ts$ Constance A. Earn, Notary Public My Commission Expires: July 9, 2023 /f!)Ju;%ite EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-iu-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, reeognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorncyim-fact to affixthe corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in. force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seed of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shalt be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990,. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shut[ be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate scats of the said Companies, this 151h day of September 2020 IN5� j x a: Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF TIIE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, Tl1E BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 wwwtreuorfs tclairns(M,7tvichna. c ono 800-626-4577 CITY OF SANTA ANA Bond No. 9357996 BONDS PROJECT NO.: 17-6897 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that Elecnor Belco Electric, Inc. as CONTRACTOR, and Fidelity and Deposit Company of Maryland 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 Seven Hundred Eleven Thousand Six Hundred Eighty Two and 00/100 Dollars ($ 711,682.00 ), 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 August 18, 2020 for Project No. 17-6897 Flower Street Bikeway Federal Project#HSIPL-5063(187) 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 fumished, or time for completion made pursuant to the terns 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 15th day of September , 2020 Elecnor Belco Electric, Inc., 14320 Albers Way, Chino, CA 91710, (909) 993-5470 ext 254 - CONTRACTOR* Alberto Garcia, President/CEO, 14320 Albers Way, Chino, CA 91710, (909) 993-5470 ext 254 Fidelity and Deposit Company of Maryland, 1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196 - 1056, (647) 505-6000 SURETY* Margaret Hentz, 777 South Figueroa St., Ste 3900, Los Angeles, CA 90017, (213-270-0757) Donna M. Planets Attorney -in -Fact Subscribed and sworn to before me, this day of 20 Signatm-e: Notary Public in and for the County of State of Rate of premium on this bond is $ 3.87rFiered-rate per thousand. Total amount of premium charge is $ Included on Perfarmance Bond . To be filled in by Surety *Provide CONTRACTOR / ADMITTED SURETY name, address, and telephone naonber and the name, title, address, and telephone number of authorized representative. " of Illinois 2 of 3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 9/21/20 before me, Rebecca Wilks, Notary Public I ere rase name an in e'1 oftfie oifiner ' personally appeared Alberto Garcia who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) Is re subscribed to the within instrument and acknowledged to me that (EDshe/they executed the same in Is er/their authorized capacity(ies), and that by (Esher/their signature(6-) on the instrument the person(s-), or the entity upon behalf of which the person(S-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal =0 REBECC;. tad5 Nory p_b is . Ca'forma r San Becnarcinc County Commiy y ssion: ZJpp424 My Comm. Expi•es A_ Notary Public Signature (Notary Public Seal) 2tz3 I-1111111111t l,Ieiqua aIII M ki/e1aI,1Mel :MAF-1w DESCRIPTION OF THE ATTACHED DOCUMENT Santa Ana Payment Bond (Title or description of attached document) (Title or descrption of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other iip-�Av NotaryCI isses.aom £00..8-3-9863 INSTRUCTIONS FOR COMPLETING THIS FORM ON fPiisfmmcomphestvirh eenretitC'ofi(itrniarmleuesregardingnotari-iix?hngmrd. ifneeded,, should be completed and attached to the do tinenr. Ac noreledgments from other states mar he completer! fiudocvmenn being sent to that state so long as The itording does not require the Califinuia nolmy to violate Califatwia notary tray. • State and County information must be the State and Comity where the docmnent signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which most also be the same date die acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the nanhe(s) of document sigu r(s) who personally appear at the time of notarization. • Indicate the connect singular or plural forms by crossing off incorrect forms (i.e. hs/sheithcy, is late ) or circling the correct foots. Failure to correctly indicate this infmnation may lead to rejection of document recording. • The notary seal impression most be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Adilitionat information is not required but could help to ensure this acknowledgment is not inisused or attached to a. different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO. Secretary). • Securely attach (his document to the signed document with a staple. 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 State of 0elifor"m County of Hartford On September 15, 2020 before me, Brendan Fletcher, Notary Public (insert name and title of the officer) personally appeared Donna M. Planeta who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 Cry BRENDAN FLETCHER NOTARPPUBLIC - CT T80835 (Seal) My Commission Expires Feb. a, 2025 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSITCOMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALI., MEN BY THESE.. PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, it corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SUR]''.Ty COMPANY, it corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint, Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. ;JOHNSON, Michelle Anne :MCMAHON, Bethany STEVENSON, Bryan M. CANESCRI, Kristopher PISANO, Rebecca M. STEVENSON, Nicholas TURBCAMO and'I'mlya NGUYEN, all of Hartford, Connecticut, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected ofcers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed hisdier names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of October, A.D. 2019. y l/bp II,Qrv'r1 y"'!'yx'rY`1 Ja 9llOfir. 'r�W`Wi,y <i jox �G BEAI. 4 "onw,wp ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D, Murray Vice President BP: Dawn E. Brown Secretary Slate of Maryland County of Baltimore On this 4th day of October, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray Vice President and Dawn E. Brown, Secretary of the Companies, to not personally known to be the individuals and officers described in and who execaux] the preceding instrauremy and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, thathe/she is the said officer of the Company aforesaid, and that the seats affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signatureas such officer were duly affixed and subscribed to the said instnunenl by the authority and direction of the said Corporations. IN TESTIMONY WHFRBOF, I have heremuo set my hand and atbxcY] my Official Seal the day and year first above written. '..'I+niyy4tf� "V�XYiW 4-e,M1. j v " . Constance A. Dann, Notary Publie rYrhurd''�� My Commission Expires: .July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Altomeys-in-Pact. The Chief Executive Officer, the President, or any'Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attor ncy=in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time," CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN .INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY ata, meeting duly called and held on ttte 15ti day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney —Any such Power or any certificate thereof bearing such facsimile signature and seal shall be validand binding on die Company." This Power of Attorney and Corti Eicate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and hold on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mcehanieally reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the samo lbrce and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seats of the said Companies, this 15th __day of September 2020 v'W�tR ,�� INSV 444��WWWi 6e'" � 6'. Jam{ -- Brian M. Hodges, Vice President TO REPORT A CLAIM WITIf REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE, DESCRIPTION OF TILE CLAIM INCLUDING TILE PRINCIPAL ON T nE, BOND, TIIE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schatmburg,IL 60196-1056 www.reportsfclaims iuv,tirichna.coni 800-626-4577 Disclosure Statement ZURICW NOTICE OF DISCLOSURE FOR AGENT &. BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http:ltwww, zu rich nap rod ucerco m pensation,co m or call the following toll -free number. (866) 903-1192. This Notice is provided on behalf of Zurich AmericanInsurance Company and its underwriting subsidiaries. U-GU-874-A CW (06/11) Page 'I of 1 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.; 21-6459 DYER RD STORMDRAIN REPAIR TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Wright ConstructIon Engineering Corp 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 1 Dyer RdStormdrainRepair 1 LS $62,440.00 $ 62,440.00 TOTAL BID $62,440.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid .items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. `i• This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications, TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within twenty (20) working days after the commencement date stated in the Notice to Proceed. Theliquidateddamages,$mount,.'tnlieu .ofthe.axtountspecified nSubsection 6-9oftheStandard Specifications, shall be $750 per calendar day. P-1 ofP-17 Name of Firm Signature of BIDDER CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR Construction Title Wes Wright- President, Vice -President, Secretary, & Treasurer (Ifawindivi�dual, go stale. if a 0fin or eo-pwtnership, state the I'lin) Itaine aiiu' givell-l-a naiiTeg-t& all individual co-partners composing the firm. If a corporation, state legal name of corporation, and r , arres of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-17 CERTIFICATE OF CORPORATE RESOLUTION WRIGHT CONSTRUCTION ENGINEERING CORP. I, Wesley Wright, President of Wright Construction Engineering Corp., organized and existing under the laws of California and having its principal place of business at 3725 Trieste Dr. Carlsbad, California, hereby certify that the following is a true copy of a resolution adopted by the Board of Directors bf the Corporation at a meeting convened and held on July 1, 2014 at which a quorum was present and voting throughout and that such resolution is now in full force and effect and is in accordance with the provisions of the charter and by-laws of the Corporation. RESOLVED: That the President, Wesley Wright, of the Corporation is hereby authorized to sign any contracts or forms on behalf of the Corporation. RESOLVED FURTHER: That the President, Wesley Wright, is hereby authorized and directed to certify to any interested party that this resolution has been duly adopted, is in full force and effect, and is in accordance with the provisions of the charter and by-laws of the Corporation. I further certify that this Corporation is duly organized and existing, and has the power to take the action called for by the foregoing resolution. DIRECTORS , President Vice -President Secretary. i Treasurer Witness my hand seal of this corporation on this 1st day of July, 2014, 7"/ - U/4- Date Date y Date Date CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR min 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 of Firm Signature of BIDDER Construction Title Wes Wright- President, Vice -President Bocretary, & Treasurel (If an individual, so state. Fa firm or co -partnership, state the firm name and all individual co-partners composing the firm. If a corporation, state legal name of and names of President, Secretary; Treasurer and Manager, thereof) P-3 of P-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR 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: Wright Construction Engineering Corp Business Address: 2626 S. Banta Fe Ave. San Marcos CA 92069 Business E-Mail Address: wwrightwcec(c7.lgmail.com Telephone: 760-699-3916 x:102 State Contractor's License No. and Class: 996163 Class -A License Expiration Date: 7131/22 State Dept. of Industrial Relations (DIR) Registration_No.: 1000026974 State-IJe L of Industrial Relations (DIR) mIt i�tr tion Exk iration Date: Tittle: Peesident 6/30/23 P-4 of P-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR 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 frilly 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 ofFirm Wright Construction Engineering Corp Signature of BIDDER IdK Title ,if an so state) P-5 ofP-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss: f'TTV OF e,ANTA ANA 1 Wes Wright being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSIEP That he/she is a member of the co -partnership f rrt designated as. mad who has bees and ia.duly vested with the cathorityy to make and excoutc instraarcnts for the co -partnership by: who constitute the other members of the co -partnership. ® CORPORATION That lie is of. Wright Construction Engineering Corp a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of. one of the parties snaking 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 making 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 secufe-ithy advantage against the City of Santa Ana or any person interested in the proposed contract, "ior_liimself or any other person. -SignitureofBidder --- Subscribed and sworn to before me this day of 20 Signature of officer Administering Oath (Notary Public) *SEE ATTACHED NOTARY OF JURAT* P-6 ofP-17 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 Diego Subscribed and sworn to (or affirmed) before me on this 18th day of August 20 20 , by Wes W. Wright proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. PATRICIA ROSALES Notary Public • California - Z a San Diego County =z Commission x 2199755 My Comm. Expires Jun 19, 2021 /—^ (Sea!) Signature CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR � KNOW ALL PRESENT that, Wright Construction Engineering Corp. as BIDDER, and U.S. Specialty 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 amount bid Dollars ($ 10% ), which is ten percent (10%) 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 12th day of August 2020. 2625 South Santa Fe Avenue, BIDDER* Wright Construction Engineering Corp. San Marcos, CA 92069 Ph: (760) 525-2260 625 The City Drive South Suite 205, SURETY* U.S. Specialty Insurg eCompany Orange ra a�g 8 Ph: 714-740-7000 Alliant InsuranceServices, Inc. 685 East Camegie Dr. Ste. 265, San Bernardino, CA 92408 Ph: 909-886-9861 Subscribed and sworn to before me this day of. .. , 20_ / e for the County of , State of ER/ SURETY name, address, and telephone number and the number of authorized representative. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 SB. County of San Bernardino On August 14, 2020 before me, Amanda Castillo Notary Public Name antlTifle of Officer (e.g., "Jane Doe, Notary Public") personally appeared Christina Mountz Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she AMANDA CASTILLO executed the same in her authorized capacity, Commission No. 2234281 and that by her signature on the instrument the or the entity upon behalf of which the NOTARY PUBLIC-CALIFORNIA Qmy person, person SAN BERNARDINO COUNTY acted, executed the instrument. Comm^ ExpireMARCH 16. M2! 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. , �J O VVL61�- Slgmdure of Notary Public OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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) Signer's ❑ Individual ❑ Corporate Officer Title ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Top of thumb here STATE OF CALIFORNIA . DEPARTMENT OF INSURANCE N4 07984 SAN FRANCISCO Amended Certificate of Authority TMS IS TO CERTIFY THAT Pursuant to the Insurmrce Code of the State of California, U.S. Specialty Insurance Company Of Houston, Taxes , organized under the laws of Texas,sabjecttousArticles ofhtcorporationor otherfundmnen+alorgmitaionatdoaementt, is henhyatrthorkedto tromactwithin the State,. subject to all provisions of this CerWcage, the following elossu of insurance: Fire, Marine,Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such losses are now or may hereafter be defuied fn the Iarurance laws of the State of CoYfomio. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in fill eampUance with sh, and mein violation ofany, of the applicable lawsand tawful requirements made underaathority of the laws of the State of California as tong as such laws or requirements are in effect " andapplicable, and as such taws and niquirements now are, or may hererfer be changed or amended IN WIINESS WITMOF, eAcrive a; of the 29 th day of December 2004 , I have hereunto set on, hand andeaused my off,eial seal to be atfired this rows, � mro ro, TOKIOMARiNE HCC POWER OF f AMERICAN CONTRACTORS INDEMNITY C UNITED STATES SURETY COMPANY UJ KNOW ALL MEN BY THESE PRESENTS: That American Contrac Company, an assumed name of American Contractors Indemnity C and U.S. Specialty insurance Company, a Texas corporation (colle, and appoint: Jay P. Freeman, Laurie B. Druck, Cynthia J. Yc or Melissa Dawn Schwartz of t, Cynthia Jean IDING COMPANY NICE COMPANY = r, a California corporation, Texas Bonding_ Surety Company, -a Maryland corporation I, do by these presents make, constitute ssell, Christina Mountz crnia red above, with full power and authority any and all bonds. `recoanizances. G - ****Three Million***"* Dollars xpire without further action on April 2V, 2022 This Power of Attorney is granted dopted-by the Boards of Directors of the Companies: - yestea wan run power and autriomy to appoint any one or more suitable persons as Attorney(s)-in-Fad to represent and act for and on ralLof the = _ Company subject to the following provisions: - i. Attomey-In-Fact may be given full power and authority for and in the name of andon behalf of the Company, to execute, acknowledge and deliver, any and all bonds;:recognlzences, contraete;-agreements or IndemnHy and other conditional or obligatorypndertakings; inauding any and all consents ` for the release of retained. percentages and/or finalestimates on engineering and construGion contracts, and :any and all notices and documents "canceling or terminating the Company's liability thereunder, and any sucninstruments so executed b?' any such Attorney -in -Fact shall tie binding upon the Company."as if sighed by the President and sealed and affected . by the Corporate Secretary. _ _ ae it t asoNed, that the signature of any authorizedi0fficer and searot the Company heretofpre or Irereafler a6xed to any power of attorney or any - cedgicate relating thereto by facsimile, and any powerof attorney or ce tiFlcata bearing facsimile signature or facsimile seal shall be valid and binding i . upon the Company with respell ta. any bond or undenaking to whichit is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this "1s1 day of June, 2018. _ AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED 5 Aj S SURETY. PANY „U,�u.$ ECIAL„T,Y� NkRANCE COMPANY _ - �� oXf� _pNDIH-p ,�1�fWn*� State of California 4 o e m , » - County of Los Angeles � �s ",96,4, �m� s , By: taDaniei P. Aguilar, Vice President axe", A Notary PGblic or other officer completing this certificate vedfies only the identity of the individual who signed the document to !which this notifinate is atfarhadand nni the fmfhfidna¢c arni,racv nr validev of IFuf drwv,ma,fl o-. ..,. On this 1e1 day of June; 2018, before me, Sonia O. Carrejo, a notary public personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. SpecialtyInsurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the instrument, i 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. }.�o.....a.+� Signature (seal) wum..n .uP a, Nn -8f Attorney; executed by said Companies, which in still In It set out in the Power of Attorney are to full force and effect. In Witness Whereof, I have hereunto set my hand and Corporate Seals +p°"°q•4 ado Bond No.7 1 1 i'�yam%e � Agency No. 3501 ,V- Av ' GtIIOPN r� true the sealsof said Companies at Los Angeles, California this p3p '*f6. y^6IY t .41nn�'i _ ♦♦*$ ..i r+ Kio Lo, Assiftadt Secretary HCCSMANPOAOW019-- visit tmhcc.com/surety for more information CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR 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: ''/x%of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %s%n of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of hidustrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Superior Pavement Markinas License #/Exp. 776306 - 8/31/21 DIR Reg. #/Exp. 1000001476-6/30/22 Location 6312 Cypress St., Cypress, CA 90630 Phone 714-995-9100 Type Of Work Install Striping Amount $ $2,450.00 Name Smithson Electric, Inc. License #/Exp. 614518 - 3/31/21 DIR Reg. #/Exp. 1000001610 - 6/30/22 License # 614618 Location 1938 E Katella Ave., Orange, CA 92867 Phone 714-997-9556 Type Of Work Installation of Traffic Loops Amount $ $2,250.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ k 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 #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-8 of P-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR REFERENCES 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. 300 N Coast Hw and Address of Owner. Name and Telephone Nun $128,782,00 Contract Amount of person familiar with project. :turnm Drgfn, Irangiflon stnicivim x1e i n erarscinn 12/18119 Type of Work Date Completed 2. City of Diamond Dar 21R10 CoPjgyDj Diamond Bar, CA Name and Address of owner. -David Sloan. (9091839.7043 Name and Telephone Number of person familiar with project. S410,985.73 Storm Drain. Parkway Drain & Inlet Strnc ,re 7J2118 Contract Amount Type of Work Date Completed 3. City of Rancho C'locarnon l8 10500 Civic tenter Dr.,Rancho Cucamon , CA31U Name and Address of owner. Name and Telephone Number of person familiar with project. S296; 670m Snlitter Structure P. rMP R1—n—t� 9tfzJ1R Contract Amount Type of Work 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. Brands-Alliant Insurance Services Cindy Young 686 C. Carnegie Dr San Bernardino�(M 92408z1909,L474 8804 Insurance-Alllant Insurance Services Christina Mountz 685E Carnegie Dr San Bernardino CA 92408 t909) 470. 8799 P-9 of P-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROTECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR 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 years. 1. City of Baldwin park, 14403 E. pacific Ave. Baidwln mark CA 91706 Name and Address of Owner. Name and Telephone Number of person familiar with project. $1 205 039.60 Storm Drain & Concrete Structures 7116117 Contract Amount Type of Work Date Completed 2. r iiy of Encinitas, 605 & 1Julean Ame r'ncinitas CA 92024 Name and Address of owner. Name Number of person familiar with project. fi667 991.26 Storm Brain & Slotw Restoration _ 6l22116 Contract Amount Type of Work Date Completed 3. i_jnav of Sap pi 550n Overland AN n r)l go CA 92123 Name and Address of owner. Number of person �1,t1��t61r�`'Idd�(i.-7si �.t , r ' .R8c1AIJJ'As ti 7 /1 �.I�(Y Contract Amount Type of Work 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. Bonds- Alliant Insurance Services, Gin Youtyo.686 E. Carnegie Dr San Bemardino, CA 82408. 9091474-8804 Insurance-Alliant Insurance Services, Christina Mountz 685 E. Carnegie Dr., San Bernardino CA 92408 (909) 474.8799 P-10 ofP-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYERRD STORMDRAIN REPAIR. 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, Noie: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cau6 oned -that making a fat se�ce/rtification may subject the certifier to criminal prosecution. -State-of California County of .. _ Subscribed and sworn to (or affirmed) before me on this day of , 20_1 by ---,proved tome on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal *SEE ATTACHED NOTARY OF JURAT* P-11 ofP-17 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 Diego Subscribed and sworn to (or affirmed) before me on this lsth day of August 20 20 , by Wes W. Wright proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. PAIHIUM HOSALL5 Notary Public - California j i San Diego County A„ Commission x 2199765 I .. " Iun is eno4f CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO,: 21-6459 DYER RD STORMDRAIN REPAIR 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 shah 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, sand 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 ofP-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I) 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, litgation 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. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 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 contrtor of public works violating this Section is subject to all the penalties imposed for a violafi;4n-of-tho Chapter, Y Title: '--,President Firm: Wright Construction Engineering Corp Date: V1 8120 P-13 of P-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR 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 manngras'the other contractors, except contractors not signatory to the trust agreement shall pay i Pike $mount to the California Apprenticeship Council. r � Title: Wesicient Firm: Wright Construction Engineering Carp Date: 8/18120 P-14 ofP-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDKAIN REPAIR 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 cols actor or subcontractor shall be prohibited from inducing, by any means, any person erb� 16yed, n-t(e construction or repair of public work, to give up any pail of the compensation to wltl'clr­be%97bea§-otherwise entitled. y lTide_-' aA Piesldent Firm: Wright Construction Engineering Corp, Date: 8118120 P-15 of P-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, tinder 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-17 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 21-6459 DYER RD STORMDRAIN REPAIR STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: htti)://www.santa-ana.or / wa/documents/"C-`._ A.4rdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable. of completing construction of the project continuously, and without interruptions or delays, - If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter cf. skent that appears as Attachment A to the CWA, title: w..�-l�ee�fdertfi Title: VUrlelht Canstrucfilortnginet ring Corp Date: 8/1 a/20 P-17 of P-17 at 5A.1'T,I 3 C/k.ONj CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 2111'6459; Change Order Number 1 Dyer Road Stormdrain Repair To Wright Construction Engineering Corp. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. Remove existing natural soil and import a new class II base to AGREED PRICE = support the Stormdrain Pipes per PCO#01. $5,415.09 2. Install addition asphalt concrete to match existing pavement section AGREED PRICE = per PCO#02 $7,086.71 TOTAL AGREED PRICE = $12,501.80 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 20-6459; Change Order Number 1 Dyer Road Stormdrain Repair To Wright Construction Engineering Corp. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation set forth in this change order comprises the total amount due to contractor for the scope of work authorized herein based on estimated quantities. The total final amount due for this change order will be based on actual quantities of work performed per the described and itemized listing of work that this change order is based upon. Compensation for work performed by this change order shall cover all costs including work by Contractor, all Subcontractors, and all Suppliers. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 12,501.80 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 0 non-com pen sable working days We the undersigned contractor have given careful considerafion to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date 1-6-21 By Approval recommended by Contractor Wright Construction Engineering Corp. Title President Date �1)412osl Approved byDate CITY_MA NAGER Page 2 of 2