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HomeMy WebLinkAboutBIG BEN INC. 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 111111111111d1111111 111111dT1111 11111111 I II II I��� NO FEE 20 Civic Center Plaza,F.O.Box 1988 * g p 1 4 9 0 +0 1$ Santa Ana,CA 92702 2022000025396 3:54 pm 01119/22 380 414A N 1 2 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000A0 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY �r 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 Centex Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused a construction of Baker Glenwood Sewer Main Upgrade under contract entered into on April 6,2021 , with Big Ben, Inc., on which contract Markel Insurance Company s Asurety. The property on which such work improvement was placed is in the City of Santa Ana, W o County of Orange, State of California, and described as Project No. 21-6446 located on: Baker o and Glenwood. The work improvement on said property was accepted as completed on October 4, 2021. 0 CITY OF SANT , UNICIPAL CORPORATION w by F Dated: d j Princip _ivil Engineer-Jason Gabriel r� TITLE Aq 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; and I declare under penalty of perjury that the facts therein stated are true. Executed onvci� r"-i } , 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 l INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL CITY OF SANTA ANA 15 IQJA DATE: CONSTRUCTION CONTRACT D' PWA (14vhml Or�iz)(T) LIS PROJECT 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE This CONSTRUCTION CONTRACT is made and entered into this 6' day of April, 2021 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 Big Ben, Inc. (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 Baker -Glenwood Sewer Main Upgrade 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 fall payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Hundred Seven Thousand Seven Hundred Thirty -Three Dollars and No Cents ($707,733.00), 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. rev. 09/012017 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 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 CWA may be found on the City's website at: tiyj)://www.santa-aiia.org/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; Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (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. 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: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: t ?ry' T� JOiqN FUNK Assistant City Attorney FOR APPROVAL: f --1SSa h e. NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRTSTINE RIDGE City Manager CONTRACTOR: Big Ben, hic. NAME: Sep Sharifi TITLE: president Page 3 of 3 CITY OF SANTA ANA Addendum One SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 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 Mobilization/Demobilization (No I LS $ $ More than 5%of Total Bid) BSo o 3r,000 2 Remove Existing Sewer Main and 1,450 LF $ $ 10" PVC SDR-26 Sewer / / 3 S ✓ Mainhvct 3 Construct 4" or 6" PVC Sewer 30 EA $ $ Lateral and Cleanout (Open Trench) 3, goo j j y, o 0 �D 4 Construct New P.C.C. Sewer Manhole per City Sid. Plan 1201 4 EA $ IO 000 $ . Y� 00 0 5 Core New Sewer Connection Into I EA $ $ Existing Manhole Structure I o/ t90 0 I J 000 6 Remove Existing Manhole Structure 4 EA 1 $ a,poo $ 8, 000 7 Sewer Flow Level Monitoring & Alarming Device 2 EA $ k 000 $ 1 a, O 0-0 8 CCTV Inspection of New Sewer Main 1,450 LF $ / 0 $ 17 9 CCTV Inspection of New Sewer Lateral 30 EA $ a O $ �(a 0 t7 10 Bypass Pumping of Existing Sewer Flow i LS $ 7, 5o 0 1 $ 7, SO D 11 Furnish and Install Traffic Loop Type D 1 EA $ 100 $ 10-0 12 Furnish and Install Traffic Loop Type 3 EA S fOrO $ 0 O /7 13 Asphalt Concrete (AC) Pavement 310 TN $/ K $A AI/5-0 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-W6 BAKER-GLENWOOD SEWER MAIN UPGRADE Item Description Qty Unit Unit Price Amount 14 Asphalt Rubber Hot Mix (ARHM) 610 TN $ /a S $ 7/ ��o t� i 15 Asphalt (ARAM) 5,380 SY $ 13 Ofl $ l (1 �Q/ oU-o 16 Cold Milling (T=3') 48,420 SF $ (91 yo $1 q, 348 17 Unclassified Excavation 7 CY $ 4 0 E) $ ql .? O D *18 PCCCross-Gutter (Residential S 240 SF S/s a $ 3� 6 * 19 Construct 6" Thick PCC Driveway Approach per City Std. Plan 1112 CASO 2 60 SF $ yQ. 010 $ *20 Adjust Water Valve Frame and Cover I I EA $,750 $Q a 6'0 i *21 Additional Potholing (As -Needed) 10 EA $y0p $q, p c 10 22 Signing and Striping I LS , S� ,7 a �, 7 SO 23 Traffic Control I LS $ SO o v i $ � - O D O 24 As -Built 1 LS $ 25,000 $25,000 2 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE TOTAL BASE BID s7p7/ 733, o-o 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 "250/o" 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 fourty-five (45) workinz 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 $1,300 per calendar day. Name of Firm Signature of BIi Title i r S e N (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.) CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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 pequry that the foregoing is true and correct. Name of Firm Signature of BIl Title T re, Si 6,P., (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.) 4 - CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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: v0K Business Address: YT 90 Irv;,ne 6lv✓l.Ir's'Y�`ryILA e (A gaG)a Business E-Mail Address: se- D e b i,i bPh eK o f iiee rill 4.[ Telephone: / Y 1— 6 6 f% — f y o d r State Contractor's License No. and Class: 7 7 `l 'l cl Y ' it License Expiration Date: 0 a— R 8 rC a State Dept. of Industrial Relations (DIR) Registration No.: (% 0 0 0 t? 7Y 6 6_ State Dept. of Industrial Relations (DIR) Registration Expiration Date: d6 /30 A ai Signed: Title: V res i-ofe-" 1— E MY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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 Signat Title (if an individual, so state) 0 CITY OF PROJECT BAKER-GLENWOOD OWNERSHIP AFFIDAVIT ANA 21-6446 3R MAIN UPGRADE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) being duty sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party took rig the foregoing proposal: ❑ PARTNERSHIP That he/she is a member oft ic co -partnership firm designated as: and who has been and is dul y vested with the authority to make and execute instruments for the co -partnership by: who constitute the other mer ibers of the co-parnership• CORPORATION That he is of: ti C[ Ye 'k, a corporation which is malch g the foregoing proposal: ❑JOINT VENTURE That he is of: one of the Par&% making 6 4 fomgft p16PWPI sa a joint venture, and the he/she bas been and is duly vested witk the authority to execute instruments for an on behalf of the parties making said bid who . that such a bid is genuine and not collusive or s collusion to secure any ad antage against the City proposed contract for If or any other person. Signature of Bidder Subscribed and swomrn to before me this Signature of officer Administering Oath (Notary a' ' HYE Y, KIM COMM.q-CAI'M9 N p NCTARM UBLIC•CALa2a7CRNIA N QMr COUNTY Mr Csuu. E%P. Jun 13.2024`a a, and has not in any manner sought by Santa Ana or any person interested in the day of 20 7 CITY OF BAKER-GLENWOOD KNOW ALL PRESENT that, are held and firmly bound unto the CITY OF SAN Ten percent of amount bid Dollars ($ 1 of the total amount bid by BIDDER to AGENCY which sum, BIDDER and SURETY agree to be presents. THE CONDITIONS OF THIS OBLIGATION submit a bid to AGENCY for the above -stated accepted and a contract is awarded and enter specified, then this obligation shall be null and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have 1_ 4th day of January , 2021 . BIDDER* Big Benlnc. 4730 Irvine Blvd, ANA 21-6446 UPGRADE as BIDDER, and my , as SURETY, ANA, as AGENCY, in the penal sum of 1, which is ten percent (101%) the above -stated project, for the payment of und, jointly and severally, firmly by these E SUCH that, whereas BIDDER is about to ject, if said bid is rejected, or if said bid is into by BIDDER in the manner and time i, otherwise it shall remain in full force and their names, titles, hands, and seal this Irvine, CA 92620 Ph: 949.660-9400 4521 Hlghwdod Pkwy, Glen Allen, SURETY* Markel Insurance Company VA23060 Ph:800-431-1270 Ilia ryinsurance,1e�IM685 East Suscribedan s ore me _ nuar 202, Signature: Notary Public in and for the County of 265, San Bernardino, BY Cc State of this 19 f"N day of * Provide BIDDER/ SURETY name, address, od telephone number and the name, title, address, and telephone number of authorized re resentative. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate vilifies only the Identity of the individual who signed the document to which this certificate is attached, and not the 1ruthfulness, accuracy, or validity of that document. State of California County of San Bernardino /) ss. on JAN 1 4 2021 before me, personally appeared Rebacaa Elizabeth AdCoa �OMM# 2327252 g i AN0EnNjHX,o y u,M p 8NlaE/Iey,p�pp eelPilY :! _.,� Mr camm EWree; e5N7f2A Though the Information below Is not required by law, It may removal and reattac Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title_ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: proved to me on the basis of satisfactory evidence 9 the person whose name is subscribed to the In instrument and acknowledged to me that she :uted the same in her authorized capacity, that by her signature on the Instrument the ion, or the entity upon behalf of which the person d, executed the instrument. I srtify under PENALTY OF PERJURY under the laws of t4 State of California that the foregoing paragraph is tr a and correct. my hand and official U. to persons relying on the document and could prevent fraudulent sm to another document. Of Top of thumb here STATE Ctft C 1111MIA DEPAI2TMNT�? iNSTIRANCE N4 07500 Certificate o Authority THis IS To CaTOY THAT, Pursuant to the Insur-alie ee Cade of the Stitte ofCalifornia, Merkel Snsuran Campany of Deerfield, Illinois - .. organized underrhe lawsof Illinois Subject toits Articles oflaacoparallon61' ptherfindamehtalorgemtzodonaldocationAt,tshentby 2nihorlimilaatransact withintheState,sableetto altprovisonsethisCerfi cate,thefollowingclasses I rnsttt44a Fire, Marine, 84rety, Disability, Plate Glass, Lia ilit-y, Workexs+.Compensation, Common Carrier Liabilitk, Eoilex'¢curl Machiner'Y, Burglary, Credit, Sprinkler, Team and vehicle, Automob'Ie; and Miscellanaous T as such elasses arenow or ntay hex rerbe dej}tted in he l»,rura tee Laws of the State of Cal{larnta. TlUS CLffiTOCATB is eaprassly conditioned up n the holder hereq%raow and hereafter being in full compliance with all, and not Isviolation nfriooft aapplicable :laws and. l4wil4requirinenaInade tmderauthority of the laws of the State of O#jfonda a long as such laws oa regairernetats are in effect and applicable, and as such laws and refuln nrents nos, are, arntay hen"Oer he changed or amended. day NOTIM QaaRfiontion:slit me soomary of after issuance of tMa Certificate of Smunds for ruveldnit thin Ca dficni oonaldolls contained heroin. MxM CYa bill .EtIP,.eptiverrsoj`the tiers... ` 200 2,1have hereunto drnyoJfcial seat to berlglkealthis of an Y , .?99.2......... wneeaoy i u JOINT LIMITED KNOW ALL MEN BYTPOE PRESENTS; ThatSureTalnsurance Company, a Corpora Pdndpd ofboe In the County of Hards,Teaa9 and Madratlmunnce Company (the of Illinola, and having its pditdpal edminbttatBmoMoo in Glen Allen, Wrgleia, does Jay P. Freemen, Cyn"Is J. 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Ru"Ing the attorney or atmmays named in the given opwa of atmmey, InmurenCe Complained Merkel Imwente Company, go the Caomaybe, oil bond we IN WITNESS WHEREOF, Marko Irtsur oceComyaryand SuMYCClnwranaa ComparW l srgnedbvthekduhrawhodted oHkas an thnww dayof Amem ,=too, Su roreaa ftowaancee Company Mklwdt, Kebnfg, President w CammonwWtho(Virginia Coupty4fHendm55: On this on day Of AMA - sore A.O., bdoreme, a Rotary Pubbeoftha Commonweaah WW OM and they adulavdadged ttreeaewtmn at same, and being by and that the slab afmwd tothe promedbngmsmumont wedwCAtawrab do"fPosed and Subscribed to the mid Instmmant by the authority and d said Companies referred to in the preoedbg netmment is now to tests, IN TESTIMONY WHWOF,1 have hereunto sd my hand, and aftud rra i We, the undersigned ORken of SureTa Insurance Company and Ne tmegablglsa full, true and coma a"isstuth, fug Sara ondeNed IN WITNESS WHfAU P, wo he" hereunto set ow hwdf, and off e d swami CeC Van e M. teeaty,AtsbtMt Seaga POAO 8T0028 OF ATTORNEY afgwllted and antsdnit under the bass of the State of T&Qsand haying its f ), a corporation duly ocganbad and existing under the Iawaof the stem presents make, constitute and appoint: Mellon D. SchMdz Can Itnemedabove, to make, ea cdc,satand dtaw for and on oche hands add other undertaking in suretyship prodded, howemr, AD0,00000) following Ros"Ons adopted by the Board of Directors dSureToa TOOKOW sad each Of diem hereby Is auOWNd to Oaetem old or acknowtedgad by aryofBarrorattorney, of the I of, and acknowledge as the act and dyed of the Alm?cc ICU of Weayddp, and to affix the corporate seat durato.' Rdd and to be hemunm eMxed OM thaw presents to be Marled Imurmte Company By: Rabin Rusto, Senior Vice President set for the tnantyof Hanrlm, dulycemmvdaned and its and of icom dumbed In, who maned the proeeding mad that theyarethO OgNenot she said Companies afareseW, I*4S WCWPQMWSWSWA daebt4giwwreseaotRcenwem 1, and that ResatudOns adopted 4 the Ocerdof DIradanof dayael yearf rstabovewritten. MY MISS, N ! By IRE 7�.' Oarna DonaWlit, Notary Pubgt 8398 � � My commission a adres 11SI n rsy 4tN4lgeaNfyths4 the odgmel POWER OP ATTORNEY Of which the Drama 14th dayaf January . 2021 Ssy'iPOgq�:, SGf1L O , r Market Insuram Compaq rT1 r �Q Rickard B,Grinnm Vnw President Awry Insaumentlwued in exauellMpnwllysbtedabove Is Ind4vold and waho tommallft W002B For vMta oof dmambodyofOds PonarWnawyeg(F13)SUM00on are punnendaYb 8:8 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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: a Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% 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 %femier r(Pc , I License #/Exp. / O r%6 & DIR Reg. #/Exp. fflo nY3-1r h Location IM &I Phone 904- 217-g3a Type Of Work CCTV Amount $ Y 8, oa o Name SVnerior fAVWVhe-f /t'IarLih4S License #/Ekp. DIR Reg. #/Exp. License # Location Phone -776306 LS-3/-d11 j00000lk76 (6-70-a81_ D ass Y ' -' 4I C o Type Of Work -<-f ri 0i� Amount$ � a50 s- Name fa i �arnt. PrAnui-A C-tu Necrh6 License #/Exp. 793Y07 fN-3o-�R1� DIRReg.#/Exp. t000037760J (6-3o-alb License # Location La vca a (A Phone 6dI- $f�_/3 Type Of Work Trrn-%ic. t, f r Amount $ T-4. a o o _ Signature of Mild Name K I Mo We License #/Exp. 70 Tog DIR Reg. #/Exp. /000 0 0 Location Ot-aN4e., (,6 Phone 7/`V-637 /r5-0 Type Of Work P v M Amount $ / 911Z Zoo D 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 $ CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE REFERENCES The following are the names, addresses, and telephone numbers for TRUE public agencies for which the BIDDER has performed similar work within the past three years. 1. C 4L4 of Nayand Telephone Nun y SM Contract Amount rar C 2. �i o1 T Name and Address of own 71V-- 73$- erson familiar wipject. we, W. e" 71'rr Type of Work Itl- 73g- 6 ame� nd Telephone Number of person 'familiar T . LI/� 4 k' ict Amount Type of 63 03 hod Date Completed ct. Date Completed 3. C.-- i T o Name and A dress of owner. v Yoy l c i ri�N f f,Wa . Name and Telephone Number of person familiar with project. �%� 7"///M"\ SC V✓t�r/f�V4 fe,/S/✓ee 0 ti Contract Amount --- Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from wAhom BIDDER intends to procure insurance and bonds. I cT ('lr�oh Vos /iti4.,-,d. ( �Q Yyy- 609— Yga5- K?T Itis..vakee CAvit lwc) .S6a-7s8- 3l18a 10 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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. R n Name and Address Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. 3. Name and Telephone Number of person familiar with project. Contract Amount and Address of owner. Type of Work Date Completed Name and Telephone Number of person familiar with project. 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. (( AI(raA1 14SarNrce JeY`✓ice;_( J1 ,) goq-K71-390 Orion RiSL E&L-) Icig-- IVA- ggas K ?T IksVI—Okcr < AAe5-6a _ '71;-8 -3r,9? 11 W U C L f'^ w U LU w ',Us pp pp 0ppC1 © .pa pKf a p aO p© aO 1p Pp pp 4 OpCp7 AO O"y» G; O y xV �•' (? tR VY Ut VY L! 1t! Vt 4i 57 +? Uh VY y' y i1 41. AG CL c G S U c� S�nuy 5x E a apaQ 3riH a a3vpa a Oa o OH` >o,. u �y'Uwa Gb O p p uT n �ti tic >3� 0 ao �a a a� d o ugQ b G ,F Cc g U" 0 Q C C is CV O a y o a v x G t U O o ' Off. ` O a U o E O s a u u ' U �p*� O.. Ow rpw O 1s, OyCyyy QQ(MV. ga bN C '0p0o 4+r O cc wo p O�h}T O � MM tl Oep^, a.� pO�ievV� �4 y':` µ b debq{{ pM Uh U� G ..M 09t M :L'U' a0 N UuMf O V' q4 Vim' tj,r S!t Ub C N Off" �'" tc h a N 'wc N 'p. N ?^ h a vi to O V C V M = 4 4, UP O� h O V �P O NW Q ItT w w > ro y a E a a G a o m; y a a g 4 o a Q•'_ '. O N O R a a O W 0. G E O : R O o < ° E y G c y `a 'aa O OFG} u_ s 'O 4 ° O N vat N E O �, p O. w'" H u _G CITY OF PROJECT BAKER-GLENWOOD NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 In conformance with Title 23 United States Code! BIDDER declares that the bid is not made in thi person, partnership, company, association, organl and not collusive or sham; that the BIDDER has any other BIDDER to put in a false or sham bii conspired, connived, or agreed with any BIDDEI anyone shall refrain from bidding; that the BIDDE sought by agreement, communication, or confer BIDDER or any other BIDDER, or to fix any ovi or of that of any other BIDDER, or to secure any s contract of anyone interested in the proposed cont true; and, further, that the BIDDER has not, direc or any breakdown thereof, or the contents then thereto, or paid, and will not pay, any fee to any organization, bid depository, or to any member or bid. Note: The above Non -collusion Al cautioned that making a false prosecution. I Signed State of California County of ,e Subscribed and sworn to (or affirmed) before r' ri' ,` proved to me on person ' who appeared before me r.--_ Notary Public Signature ANA 21-6446 ;R MAIN UPGRADE Public Contract Code Section 7106) ction 112 and Public Contract Code 7106 the interest of, or on behalf of, any undisclosed ition, or corporation; that the bid is genuine iot directly or indirectly induced or solicited and has not directly or indirectly colluded, or anyone else to put in a sham bid, or that . has not in any manner, directly or indirectly, ice with anyone to fix the bid price of the head, profit, or cost element of the bid price, vantage against the public body awarding the et; that all statements contained in the bid are y or indirectly, submitted his or her bid price if, or divulged information or data relative irporation, partricrship, company association, gent thereof to effectuate a collusive or sham is part of the Proposal. BIDDERS are atsgn may subject the certifier to criminal on this (ql"�`day of basis of satisfactory ar Notary Public Seat acizby ' by evidence to be the 12 -- - CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. 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 famish 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. 13 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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 Chapter. Signed: Title: �nnYes1;9�e�a7 Finn: 7Si R �en �h 41 aec Date: 0/ e d O- d o R! 14 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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 amount to the Cali£o ' Apprenticeship Council. Signed: Title: FYer 1�'ttN t Firm: �i Leh F^I J'gper,g Date: O' b 15 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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. -�5, Signed: Title: pr f I Finn: 8�q Beo �`19/�ccvlm2 Date: 16 - CITY OF SANTA ANA SPECIFICATIONS PROJECT NO,: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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 T If the answer is yes, explain the circumstances in the following space. 17 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWAI 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: http://www.santa-ana.orginwaldocuments/CWA.pd 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 of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction deposit described in Section 7-5a an Notice of Inviting Bids. Signed: 1 Title: 1p�re r4e-t 7 �^ Firm: 1�,1 ti g"h Folitheer 1612 Date: Permit and required 18 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILY JOURNAL CORPORATION Mailing Address: 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (213) 229-5300 / Fax (213) 229-5481 Visit us @ W W W. LEGALADSTORE.COM EDUARDO FLORES SANTA ANA/PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA 4TH FL ROSS ANNEX SANTA ANA, CA 92702 CNS 3426063 COPY OF NOTICE Notice Type: BID NOTICE INVITING BIDS Ad Description 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REGISTER. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 12/22/2020 , 12/23/2020 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Daily Journal Corporation Serving your legal advertising needs throughout California. Call your local BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 6404829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 III I II II it II II I I I I II I1 II I III II * A 0 0 0 0 0 5 6 0 3 3 4 3 MAYOR Vicente Sormienta MAYOR PRO TEM David Penaloza COUNCIL MEMBERS Phil Bacerra JohnalhanRyan Hernandez Jessie Lopez Nellda;Mendoza Thal Viet Phan Recorded Inoff lcial Records, Orange County "1111 i iiCie `` i Recorder11ii111 ► III Jill NO FE R 0 0 2 4 7 9 2 $ ,t 202186000063 11:17 am 01/29/21 136 11 A Z01 0100 60.00 0.00 OM 0.00 0.00 0100 0.00 PUBLIC WORKS AGENCY 20 CIvloConlerPlaza (M-38) P.O. BOX 1988 r Santa Ana, California 92702 (714) 047.8890- FOX (714) 6475823 wvm,santa•ana.org CITY MANAGER Kristine Ridge CITY ATTORNEY Sonla R. Calvalho CLERK OF THE: COUNCIL Daisy Gomez NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTYCLERK From; City of Santa Ana County of Orange Public Works Agency P.O, pox 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title, Baker -Glenwood Sewer Main Upgrade Project Number(s): 21-6446 Project Location: Glenwood Place - Bristol Street to Baker Street, Baker Street Glenwood Place to St Andrew PI, City: Santa Ana County: Orange ER Nurnbar. ER-2021.12 pate of Approval: 04/06/2.021 Project Description: The construction will Include the installation of 1,500 linear feet of 10" PVC sewer mains, manholes and laterals. Applicant Name: City of Santa Ana, Public Works Agency Applicant Add ressi 20 Civic Center Plaza M-36 Santa Ana, CA92702 Name of Public Agency Approving Project City Council Name of Agency Carrying Out Project: Public Works Agency Exempt Status: 11 Ministerial (Sec. 15268) 0 Declared Emergency (Sec.16269 (a)) 0 Emergency Project (Sec, 16269 (b through a)) 0 General Rule (Sec, ❑ Statutory Exemption: 0 Categorical Exemption: 15301(b) Reason(s) Why Project is Exempt From CEQAt 16301(b) consist of repair1maintenance of existing pubiic facilities. City Conta / man F rn dez Signatur vinoenle sn nian David Panalo%a 1 Tnal Viet Phan Meypt �. Mayor Pro Tem, Ward2 I Ward I r i n �s�.:flan.RI VE&n@I43aCo7.3Al a1a,4[&jlRh.@a©S36k73aaw FORM JAN 2 9 2021 HUGHNGUYEN,CLERK•REGORDER BY: .DEPUTY Title: Senior Civil Engineer SANTA ANA CITY COUNCIL JAN 2 9 2021 HUGH NGUYEN, CLERK.RECDROFIj BY: Jessie Lopez Phil Smarts Wafde _ Ward4 Telephone: (714) 647-3318 Date; ) Johnothan Ryan Hernandez Ward G SEAL CITY OF SANTA ANA Bond Number: 4443240 BONDS Premium: $6,558.00 Premium is for the contract term PROJECT NO.: 21-6446 and is subject to adjustment based BAKER-GLENWOOD SEWER MAIN UPGRADE on the final contract price FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that Bic Ben Inc. as CONTRACTOR, and Markel Insurance Company a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Seven Hundred Seven Thousand Seven Hundred Thirty Three and no/100 Dollars ($ 707,733.00 ), 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 April 6, 2021 for Baker -Glenwood Sewer Main Upgrade Project No. 21-6446 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 13th day of April 12021 . CONTRACTOR* 685 and sworn 1 , 20 ii . T— — Signature: Drive, Suite 265, San Bernardino, CA 92408 Phone: 909-886-9861 SC-dAJ6ryb k1M Notary Public in and for the County of (22L), � , State of Rate of premium on this bond is $ _ Total amount of premium charge is $ ter thousand. 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. I of 3 CALIFORNIA JURAT CERTIFICATE A notary pubhc 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 0M! q Q Subscribed and sworn to (or affirmed) before me on this l 1b day of tab trl Q 20 'a � by S� tc, Sk Fi , eL J` _mAt art proved to me on the basis of satisfactory evidence to be the person who appeared before me. WITNESS MY HAND AND OFFICIAL SEAL.HONGJO KIM 4974 2349740NOTARY PUBLIC• NIpORANGE !gag-g'-COMM.# COUNTY MYCOMM, EXP, MAR. 22, 2025`A Signature of Notary Public (Notary Seat) OPTIONAL INFORMATION The jurat contained ovibin this document is in accordance with California lain. Any ajidapit subscribed and nvorn to before a notary sball use the preceding worzlirrg or subrtautialty similar• wording parsuaw to Civil Code sectio s 1189 and 8202. A jurat certificate cannot he affixed to a document sent by mail or otherwise del' eyed to a notary public, including electronic means, whereby the signer did not personally appear before twin,taTpublic, even if die signer is knoum by the notary public. The seal and signature cannot be affixed to a ocument without the correct notarial wording. As an additional option an affiant can produce an affidavit on die ame document as the notarial certificate wording to efirninate the use of additional documentation, DESCRIPTION OF ATTACHED DOCUMEN CAPACITY CLAIMED BY SIGNER Individual (Tide of document) Corporate Officer Number of Pages Partner Document Date Attorney -In -Fact Trustee Other: (Additionalinfo mafion) - MMRKn FI.WA2DALE925.986.8909 www.tactllytmtary.net 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 ` /) County of San Bernardino ss. APR 13 2021 On before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Cynthia J. Young Name(s) of Signer(s) 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 executed the same in her authorized capacity, _.._.. -- W h A /: �\Rebecca Elizabeth Adcock / r'J ",.� COMMISSION# 2327252 and that by her signature on the instrument the person, or the entity upon behalf of which the person 1. NOTARY BERPUBLIC CALIFORNIA O COUNTY' NARD acted, executed the instrument. My Comm. Expires: 3-May-2024 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. ignature of Notary KUNZ 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 Docu Document Date: Signer(s) Other Th— an Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: 1'op of thumb here STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 0 7 5 0 0 SAN FRANCISCO Amended - - Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Markel Insurance Company Of Deerfield, Illinois _ organized under the. laws of Illinois subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate,thefollowingclasses ofInsurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' -Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, and Miscellaneous .i as such classes are now or may hereafterbe defined to the Insurance Laws of the State of California. THIS -CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 16 th day of January 2002 , I have hereunto set my hand and caused my.offtcial seal to be affixed this - -16th - _day of - -January -2002 ,. NOTICE: Qualification with the SCanc ary of State must be accomplished as requirecTby-r}rs after issuance of this Certificate of Authority. Failure to: do so will be a violation of in grounds for revoking this Certificate of Authority pursuant to the convenants made in conditions contained heroin. VORM cas SO osPO ON91 PaAa 510028 JOINT LIMITED POWER OF ATTORNEY KNOW All MEN BY THESE PRESENTS: That SureTec insurance Company, a Corporation dUly organised and existing under the taws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the 'Company'), a corporation duly organized and existing under the laws of the state of Illlnofs, and having Its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint; Jay P. Freemen, Cynthia J. Young, Laurie B. Druck, Christina Mountz, Melissa D. Schwartz Their true and lawful agent(s) and attomay(s)rin-fact, each in their separate capacity if more than one Is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-suretles, and as their act and deed any and all bonds and other undertaking In suretyship provided, however, that the penal sum of any one such Instrument executed hereunder shalt not exceed the sum of; Fifty Million and 00/100 Dollars ($50,000,000 00) This Power of Attorney is granted and is signed and seated under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby Is authorized In execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company quafifying the attorney or attorneys named in the given power of attorney, to execute In behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the ran day of Maur zmo. SureTec Insurance Company Michael C. Kabuli President Commonwealth of Virginfa County of Henrico SS: 0101�; sMarkel insur ce Company gell SEAL ;eeyR In Rudso. Senior VicentWil pnsVVe On this en day of m", , zozo A.D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, tome personally known to be the individuals and officers described In, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the sold companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Beals and their signatures as officers wem duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding instrument is now In force. Vaa, vaA Q Q/Vn .ar. IN TESTIMONY WHEREOF, I have hereunto Set my hand, and affixed MY ( COMMISSION NWASER 7083968 We, the undersigned Officers of Surefec Insurance C foregoing Is a full, true and Correct copy Is still In full the day and year first above written. Donna Donavare, Notary Public My commission expires 1/31/2023 the original POWER OF ATTORNEY of Wlitoh the IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the l3t dayof April 2021 ���tt�yRANCfO�. Wain N\,�Sp ..G0�trtgA-Cyi Markel Insurance Company 0t;By: SEAL oM�yis`. Rlehard R.Grinnan, Vice President andiecr Any Any huhument Issued in excess of the penalty stated above Is totally Vold and mthaut any wholly. 539026 Far verification of the authority of this Power you may call (713)a12-0900 an any business day between 8:30AM and S:oa PM CST CITY OF SANTA ANA Bond Number; 4443240 BONDS Premium included in PROJECT NO.: 21-6446 charge for Performance BAKER-GLENWOOD SEWER MAIN UPGRADE Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that Big Ben Inc. as CONTRACTOR, and Markel 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 Seven Hundred Seven Thousand Seven Hundred Thirty Three an no/100 Dollars ($ 707.733.00 ), 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 April 6, 2012 for Baker -Glenwood Sewer Main Upgrade Project No. 21-6446 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 13th day of April 12021 CONTRACTOR* Big Ben Inc. 4790 Irvine Blvd., #105-404, Irvine, CA 92620 Phone: 949-400-1800 ���SVRgry�O,, S '['I'* Markel Insurance Com an 4521 Highwoods Parkwa ,Glen Allen, VA 23060 Phone: 800-431-1270 .?.oi�oggr oL ` Cynthia J. Young, Attorney -In -Fact y° SEAL a AMam ance Se s, c. 685 a t Carnegie Drive, Suite 265, San Bernardino, CA 92408 Phone: 999-88-9861 Subscribed and sworn o befo me, � (UN� this t b day of COMM.k 2849740 Signature: �' £ NGT�ORANGEI COUNTY ONNM N °w,o,,�' MY Como. Ea. MAR. 22, 2025� Notary Public in and for the County of r)'a t? , State of Ca ail �r vt Rate of premium on this bond is $ per thousand. Total amount of premium charge is $ 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. 2of3 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 ` /) County of San Bernardino ss. On APR 1 3 2021 before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane One, Notary Public") personally appeared Cynthia J. Young Name(s) of Signer(s) 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 executed the same in her authorized capacity, and that by her signature on the instrument the Rebecca Elizabeth Adcock person, or the entity upon behalf of which the person ' COMMISSION # 2327252 acted, executed the instrument. g10 �r I't NOTARY PUBLIC-CALIFORNIA �SAN BERNARDINO COUNTY I certify under PENALTY OF PERJURY under the laws of \�i, ,. �� My Comm. Expires: 3-May-2024 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J ignature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07500 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Markel Insurance Company Of Deerfield, Illinois organized under the - laws of Illinois - subject to its Articles oflncorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certoeate, the following classes of insurance: Fire, Marine t Surety, Disability, Plate Glass, Liability, Workers' -Compensation, - Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and vehicle;.Automobile, andMiscellaneous M1 All i.: as such classes are now or may hereafter be defined in the Insurance Laws of the Stare of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 16th day of. January -2002 ,I-havehereunni set my handand caused my.o,fflicial seal to be affixed this -16th - - day, of - ianLi cy - 2002 , m ra etoner By ac r d ep . NOTICE: Qualification with the Secretary of State must be accomplished as required'by-thaEalHeimla'corpar after issuance of this Certificate of Authority. Failure todo so will be a"violation of Insurance Code l grounds for revoking this Certificate of Authority pursuant to -the convenants made in the applicatioi conditions contained herein. troxm cea wa osPao M391 POAg 510028 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec lnsurafto Company, a Corporation duty organized and existing underthe laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duty organized and existing under the laws of the state of Illinois, and having Its principal administrative office in Glen Allen, Mrginls, does by these presents make, constitute and appoint: Jay P. Freeman, Cynthia J. Young, Laurie B. Druck, Christina Mountz, Melissa D. Schwartz Their true and lawful agent(s) and attorneys) -In -fact, each In their separate capacity g more than one Is named above, to make, execute, seal and deliver for and on their own behalf, Individually as a surety orjotntly, as co-sumbes, and as their act and deed any and all bonds and other undertaking In suretyship provided, however, that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and rooted under and by the authority of the following Resolutions adopted by the Board of Directors of Sure7ec Insurance Company and Market Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President. Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may he attested or acknowledged by any officer or attorney, or the company, qualifying the attorney or attorneys named In the given power of attorney, to execute in behalf of, and acknowledge as the am and dead of the SweTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and Sure7ec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers an the ae day of meal .2o2a. S/tugrrseeTec Insurance Company / Michael C. Keimlg, President / Commonwealth of Virginia County of Henrlco SS: ,vast s '<r,r r Markeel/Inwrapce Company OF v,'dA744k' s` Robin Russo, SunlorVlce President "rrrrnr,Alyptavx` On this an day of Mw , 202o A, 0., before me, a Notary Public of The Commonwealth of Virginia, in and for the County of Henries, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the Individuals and officers described In, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duly swum, disposed and said that they arc the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of sold Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said companies referred to in the preceding Instrument is now In force. _ssatrtrrry,_ IN TESTIMONY WHEREOF, I have hereunto set my MY C COMMISS20N NUMSrR 7083968 We, the undersigned Officers of Sure7ec Insurance Company and Marke"Ph)CSI®rny foregoing Is a full, true and correct copy Is still In full farce and effect and heSMy;,bee0rarokl Hendco, the day and year fist above written, Donna Donavan, Notary Public My commission expires 1/31/2023 POWER OF ATTORNEY of which the IN WITNESS WHCRCOF, we have hereunto set our hands, and affixed the Seals of sold Companies, on the 13thdayof April 2021 yuIIIfNCF.,, Su lnsur "C pan ec Qua �� Rp0�)t Cy �� Markel Insurance Company Q� By M, Br t BeaNAssistant 5ecreta �� f \5 Y.�� By�' ' •�- -� , ,_ 4NQ ,�� Richard R. Grinnan, coca President Sez� cry Any Instrument Issued in excess of the penalty stated above is totally void and without any vaildity. 510026 For verification of the authority of this Power you may call (713)e12.0900 on any stainers day between 9:3eAM and 5- 0 PM CST. ., = + CITY OF SANTA ANA PUBLIC WORKS AGENCY • - ` ' CONTRACT CHANGE ORD ER . y Project Number Project No.21-644B: Baker-Glenwood Sewer Main Upgrade Charge Order Number 01 To BIG BEN INC. Contractor You are hereof directed to make the herein changes from the plans and specifications or do the Mowing described work nol included in the plans and speatssatlons 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 egtgpinent is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. 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 far 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,wiithout exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST Tit*CHANGE ORDER: CECREASE t`aGR E $ 81,796.65 V By reason of this order the CONTRACT TIJM completion will be adjusted as follows. Ten (10)Working Days We the undersigned contraclor have given careful coosiderabon to the change proposod end heteby agree,if ails proposal is approved.that we will prcrode all equpmenl,loutish at materials,except as may othe wise be Wed awe,and perform all service necessary for the work above speofted,and will access as Mi payment therefor he she abm. Accepted,Date 10 I d oContract" BIG BEN INC. ay `' Tle #,�St fh Approval recommended by Date tb ?�I 12U2I Pp arc WrONS AGENCY EXECUTIVE DIRECTOR Approved by Date �t �— —1 ta( /I15 �2 b Z, CITY MANAGER Page 2 of 2 CITY OF SANTA ANA 'Pr PUBLIC WORKS AGENCY a .,r..+ commGr UIGE.ORWR ProOre Number Prateat No.2l:-64i6i,$aker:Qlenwo Sewer Main Upgrade Mange Order wumbei 01: To WI evict INC GoMel i Ybe are beret climate ui mate rna bertha°bops ham the elem elm apardloorknt or Mr de Maths doeutod work us k eiuded in Are plans:and, operhedonstmAdrmufti, N9! THISMAWRORV1ERSNOTgfFaC0//that, liQME59iTHECIFY.[:QIJNfCILORCRYIAWeR, unlohrtlhersieisieled,roe lrlriwklorequfime meorreystab'boaetgvlreoremreeduekesedslidroeimraecswjGamadetaridoilulo. Change regoettedby. PliffiLICVyORKS440ENey_. E ITm WORtc, T AGREED'PRigk •1. Construct ve lluat offset at Weal Street.and Glenwood.Plaop.:porPC4#FQ1. AGREED PRICE:$24,816.35 ' J».KTF2A WORK ATTIMIEAND MATERIAL.pRICe 1. Loss of produptlun dine to canceiatlon of vertical itrifselinsiallatien per PCO/04. AGRREA PRICE:.$6,725.30 ' EVTCC Alid1T II RI .2, Delete Ski Item 415,modified quantities for Bid Item#2, and odd Bid Items 25 and 26 to constncet.4 auJrb ramps and'approx.2292 LF oof curb and gutter p per PCO/05. Estimated Estimated !tern# Descil ort ©tisritlty IJLIIt Unit Pdiee Arnow* .... 15 Asphalt Rubber.Aggr-s.to 5,384 tY $(13.00 $(69,940) Membrane (ARAM). 2 Remove Existing str+,vOt -169 IS $t135.00' 9(22.B15) Main 25 Curb&Gutter 2070 Ll` $63.Q0 $13.0410 2:6 Curb Ramp 4 EA $3:,150 12,600 AGREED PRICE: $50,255.00 V Page i et 2 .. ,_ _,� CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21.6446:Baker-Glenwood Sewer Main Upgrade Change OrderNurnber 01 To BIG BEN INC. Contractor You are hereby directed to make The hereto changes from the pans and speclikaticns or did tee tollenvig deuniecd work Dot Included in the plans and spefiieadons onIlrts contract, NOTETTHIS CIWNGE ORDER IS NOT EFFECTIVE UNTIL APPROVED 0Y THE CITY COUNCIL OR CITY MANAGER, Ulna°Mcrae staled,rain for folder eguipmeng cover coy ano es oriekreent I:actually used and no einem wit be mode forMagnet Change requested by PUBLIC WORKS AGENCY EKTRA WORK AT AGREE©PRICE 1. Construct vertical offset,at Bristol Street, and Glenwood Place.per PCB#01. AGREED PRICE: $24,816.35 EXTRA WORK AT TIME AND MATERIAL PRICE 1. Loss of production due to cancelation of vertical offset Installation per PCO#04. AGRRED PRICE: $6,725.30 g . k OM AT AGREED t<INIT PRICE 2. Delete Bid Item#15, modified quantities for Bid Rem #2, and add Bid Items 25 and 26 to construct 4 curb ramps and approx.2292 LF of curb and gutter per PCO#05. Estimated Estimated Item# Description Quantity Unit Unit Price Amount 15 Asphalt Rubber Aggregate -6,380 SY $(13.00' $(69,940) Membrane (ARAM) 2 Remove Existing Sewer -169 LF $(135.00' $(22,815) Main 25 Curb&Gutter 2070 LF $63.00 $130,410 26 Curb Ramp 4 EA $3,150 12,800 AGREED PRICE: $513,255.05 V Page 1 of 2