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BEN'S ASPHALT, INC.
Recording Requested By, ' And When Recorded Mail To: Recorded in Official Records, Orange County Clerk of the Council, City of Santa Ana Hugh Nguyen, Clerk -Recorder 20 Civic Cee er PlaSantaCA 90.OBox 1988 )III$ I � )III IIIIII�I�III II )III I I �IBIII III NO FEE 2016000056952 9:59 am 02110116 217 413 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 rota �YAUL VUK UUUN I Y 1(tUUt(UtRS USE ONLY 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 PORTOLA PARK IMPROVEMENTS (PARKING LOT. BASKETBALL. TENNIS COURT RENOVATION) under contract entered into on 8/4/2015 with BEN'S ASPHALT INC. on which contract FIDELITY AND DEPOSIT COMPANY OF AMERICA is surety. The property on which such work improvement was placed is in the City of Santa Ana, County of Orange, State of California, and described as Project No. 13-2638 located at: PORTOLA PARK. The work improvement on said property was accepted as completed on 2/5/2016. Z__`1 CITY OF by Dated: 2-1 I ANA, A MUNICIPAL CORPORATION TITLE VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin "William" Galves 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 on /d 7-04; , at Santa Ana, California (signature of individu'.y a wearing that the contents of Notice of Completion are tore.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN H 0) DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 4, 2015 TITLE: AWARD CONTRACT FOR CONSTRUCTION OF PORTOLA PARK IMPROVEMENTS (PROJECT 132638) {STRATEGIC PLAN NO. 6, 1C} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED/ AUG 04 2075 As Recommended) gs\D ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a contract awarded to Ben's Asphalt, the lowest responsible bidder, in accordance with the unit bid prices, totaling $187,146, for construction of the Portola Park Improvements Project, subject to nonsubstantive changes approved by the City Manager and the City Attorney, 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $254,123. DISCUSSION Portola Park is a 9.2 -acre community park that includes a ball field, a tennis court, a basketball court, picnic facilities, and a tot lot. Approval of this recommended action will allow for the construction of park improvements that include replacing damaged and deteriorated curbs, sidewalks, and parking lot asphalt pavement; resurfacing the tennis court; new surface treatment to the basketball court; new chain link fences and gates; and basketball and tennis accessories. Once completed, these improvements will enhance the appearance and usability of the park. A Notice Inviting Bids was advertised on May 9 and 11, 2015, and bids were opened on June 16, 2015. The following tables summarize the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 4 Contractors requesting bidding documents 7 Bids received 4 Bids received from Santa Ana contractors 1 Award Contract for Portola Park Improvements August 4, 2015 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Ben's Asphalt, Inc. Santa Ana $187,146.00 2 Horizons Construction Co. Int'I Orange $191,220.00 3 Excel Paving Co. Long Beach $258,180.00 A total of four bids were received and three were deemed responsive. Ben's Asphalt, Inc., submitted the lowest responsive bid in the amount of $187,146, which is 2.5 percent lower than the engineer's estimate of $192,000. Therefore, staff recommends award of this contract to Ben's Asphalt, Inc. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2015-67 has been filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The Project Cost Analysis estimates project expenditures of $254,123, which include the construction contract, construction administration and inspection, as well as contingencies (Exhibit 1). Funds are budgeted in the Capital Outlay Fund (Account No. 05113263-66220, Project 132638) for expenditure in Fiscal Year 2015-16. FredlMousavipour Executive Director Public Works Agency � � f Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency FM/EWG/KW Exhibits: 1, Cost Analysis 2. Location Map APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director AA Finance & Management Services Agency COST ANALYSIS PROJECT 132638; PORTOLA PARK IMPROVEMENTS Construction Contract $187,146 Contract o .. n .. t . r . a . c . t .. Administration . .. .. .. .. .. . .. - .. . ....... . .. . ........ ...... ...... ..... $8,263 .. .. . .. .. Inspection and Testing$20,714 . ......... I .... ... ...... I ..... ........... ............. ........... .. ...... Continciencies $38,000 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $254,123 Exhibit 1 SANTA CLARA AVENUE PORTOLA AV (22ND ST) G) .�o 0 -1% — Q el o1 oI 01 �I �1 of 1 o1 01 01 of of 1 �r Exhibit 2 r W W Ln W J Z SANTA ANA CITY COUNCIL PROJECT NO. 13-2638 PWA AUGUST 4, 20115 PORTOLA LOT, BASKE BAPARKRLLL,, TENNIS NT —® w jc .oars . Kv RENOVATION) PAGE 1 OF 1 THE REGISTER This spaaa m, filing stamp auly 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796-6059 GNS#: 2749345 Plaza nnaxi gari�, Ana Call" PROOF OF PUBLICATION fbmis iter,; 'leci°Pia Y32e31e xN4nd1A. 2015.5 C C.P. p�l�gggmpr (w(af�mtte (fearl{Inae.. Marc, Orion )¢�I Tanhlf Coy Slate of California ) is"",ir'dWS%&.IAckltlddFa, - County of ORANGE ) ss yzieOYYenag ae y @p - . - PaWaat elf ebHar@et J blab� Notice Type: BID, NOTICE INVITING BIDS Ohl Of � � _ - a�d � �i ''aa�r WW . suiny at �OliyN,ls'rc'Muy�jy+` Oh41n n 7dhed'�g Off f . 'ba11 ahh tatlnis ;a pGnenan Ad Description: - - ads IOelatad wOY�{ Inoldded- ma¢Illzih cs, an a d(p; Podola park Improvements t„ept Im�4arc driGng aIdn; .atrucirth afety'pl@n aa14s1' - - Igqgg1J!!Ii arid elate nd ae coyer$;'garkihp �IoY s,ripinglNeefit mark•, - - inea(ed w@tk: (IPr iq bid oPa it Bldddrd` am a citizen of the United States and a resident of the State of California; I am YfatPdgd�a�n�a?I°aos�n^i,�;l over ilia age of eighteen years, and not a party to or Interested In the above q raMbr anaay,@a entitled matter. I am the principal clerk of the printer and publisher of the THE '.,f p, REGISTER, a newspaper published In the English language in the city of into` �bt't§g"d lifg ma' SANTAANAI county of ORANGE, and adjudged a newspaper of general g4RtK9 fr b� ffnn` eRI��,,`Sn@) circulation as defined by the laws of the Stale of California by the Superior IitlaliA,AI In r I�ymAjaWp, Ceurt of the County of ORANGE, State of California, under date 11/19/1905 t7d a a,lYryS Case No. A21046. That the notice, of which the annexed is a printed copy, has f �' 61Mdg Pl t b been published In each regular and entire Issue of said newspaper and not In �¢r 919 m ,Me d�'t�umag�yIa any supplement thereof on the following dates, to -wit, _ i9 �anpt4rih � d a orCddtIII by'ide 8L Of 001IgYnl6 pe dnrhent-gf,in. - duafdall Kept bne' par seb j ' tl d b '. A Con i btpr- .q� pybcbntraotcr md��'¢er' 'Teglatal'dU wl{h 1Pg odppdrt . ' rrl9n4 4f IntluefrY¢I, F1el�tlenah prior to e4blplttln�a bid ' 05/09/2015, 05/1,1)2015 In vit.- IPna of the CIfoYnla Labor - F0.{1a pravalhna wag@ratd9' . aWs Pa4tdR�,'f`y , - Executed an: 05/11/2015 At SANTA ANA, California I certify (or declare) under penalty of pe Jury that the foregoing Is true and - --, .'Signature - III III II. II II II II III I 111111111 II * A 0 0 0 0 0 3 7 5 4 9.8 2 CITY OF SANTA ANA s�P 2 Construction Contract PROJECT NO. 13-2638 Portola Park Improvements Parking Lot, Basketball, Tennis Court Renovation This CONSTRUCTION CONTRACT is made and entered into this 4th day of August, 2015, 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 referred to as "CITY" and BEN'S ASPHALT, INC. hereinafter referred to as "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 "Portola Park Improvements Parking Lot, Basketball, Tennis Court Renovation" 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 ...Instructionsto Bidders ...Bid Proposal • ...Bid Bond ...Contract Forms • ..Contract Bonds • ...General Provisions • ...Special Provisions • ...Technical Provisions • ..Project Plans • ...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 "Portola Park Improvements Parking Lot, Basketball, Tennis Court Renovation" the sum total amount not to exceed $187,146, as set forth and identified inthe BID PROPOSAL Page 1 of 3 Exhibit 3 CITY OF SANTA ANA Construction Contract PROJECT NO. 13-2638 PORTOLA PARK IMPROVEMENTS Parking Lot, Basketball, Tennis Court Renovation 4. CONTRACTOR agrees to complete the "Portola Park Improvements Parking Lot, Basketball, Tennis Court Renovation" within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL including commencing construction within the timeframe therein specified after issuance of a Noticeto Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the "Portola Park Improvements Project Parking Lot, Basketball, Tennis Court Renovation" 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. 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. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10%) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). 7. CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25%) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance bytheAGENCY. S. 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 bythe CITY. Page 2 of 3 CITY OF SANTA ANA Construction Contract PROJECT NO. 13.2638 PORTOLA PARK IMPROVEMENTS Parking Lot, Basketball, Tennis Court Renovation IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIAD.NUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. City Att5�rn Assistant CITY OF SANTA ANA City Manager RECOMMENDEDFORAPPROVAL: CONTRACTOR: Ben's Asphalt Inc. Page 3 of 3 <s Agency VI • It M Project No. t3-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Iu P -e, As?HAzT i0c. 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 Unit Qty Unit Price Amount l� Mobilization (5%) ,%- LS 1 `T3o9•� 7.5 Unclassified Excavation - CY 210 ,/'f/�/ )�27 -7(/Vb•I70 i 3 I 4 Cold Mill (>2") Asphalt Concrete (AC) Pavement* SF TN 30,000 370 I-5 Remove Excess Material* CY �._ 230 ---------- 6 ---- -- PCC Sidewalk (4") SF --_. 1,800 P.V .- '/sem °1 7 PCC Mow Strip (4") LF 200 '. _l_®_. 4 8 Root Shave* EA 4 9 Remove Chain Link Fence LF 360 d0 New Chair Link Fence _ LF 360 tM /of e'M ll Remove Chain Link Gate EA 1. /WJi't� /6i --- • I2 ---- —-2----*— New Chain nk Gate LTWk EA '—, / 760. tv 35� 13 Recycled Plastic Wheel Stop EA 56 .� � Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) Item Description Unit Qty Unit Price Amount 14 Tennis Court Appurtenances ✓ LS 1 15 Basketball Court Appurtenances LS 1 16 Tennis Court Markings LS 1 17 All -Purpose Court Markings r.' LS I 6 18 Signing and Striping LS 1 19 Construction Sign !/ EA 1 20 Survey Work (2%) d LS 1 **TOTAL BASE BID * The quantity for this bid item is shown forbid 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. This bid item is considered deletable per Section 3.2.5 "Eliminated Items" of the Standard Specifications. "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), BP -2 Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) Item Description Unit Qty Unit Price Amount ADD ALTERNATE #1 21 New Vinyl Coated Fence LF 360 22 New Vinyl Coated Gate EA 1 TOTAL ADD ALTERNATE #1 !%tV **TOTAL BASE BID ;FYI * 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. x This bid item is considered deletable per Section 3-2.5 "Eliminated Items" of the Stgndard Specifications. **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). TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder shall complete all work in the contract within a total of fift 50 working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within ten (10) working dates after issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $500 per calendar day. Name of Firm tl&ra'S ({ g i)�Iq-L--r "e, Signature of BIDDER Title C A`. (if an individual, so state) BP -3 CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) 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 (W) 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 I' -"— Signature '- 4 Signature of BIDDER Title C.,:�'dam (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.) Skid ApT1 W4 BP -4 CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) 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: 915,44S ASPH/>at r WL Business Address: 7,ZC* S, Y4& a gr_ SpfN rA �/�CAz !?Z76 Business E -Mail Address: MRWit L1itJCQUJA. SAN' 45ehk imm Telephone: 710 ON )770 State Contractor's License No. and Class: �gkw License Expiration II Date: �$! (2o State Dept. of Industrial Relations (DIR) Registration No.: %O6dD0 it" State Dept. of Industrial Relations (DIR) Registration Expiration trate: G.3o.ZOIs" Signed: Title: CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm s 1\49"41;-1s6, Signature of BIDDER Title of lr�U, (if an individual, so state) BP -6 CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership Finn designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. �CORPMATION That h isoP a corporation which is making the foregoing proposal: ❑ SOINT VENTURE That he is of: one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties 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 secure any advantage against the City of Santa Ana or any person interested in the proposed contras, for himself or any other person. Subscri?i d a d sworn ore me this fS r day of ,Ij�� 20 1S Signature of officer Administering Oath o ry Public) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or -validity of that document. State of California County of Orange On dune 15, 2015 before me, Gerard Paul Lincoln, notary public (insert name and title of the officer) personally appeared John 5keffington who proved to me on the basis of satisfactory evidence to be the person(,4 whose nama(g;(&� re subscribed to the within instrument and acknowledged to me that (1 he4thay executed the same in (t5Nwzd4ir authorized capacityKLM), and that by(t56e4lik reir 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. GERARD PAUL LINCOLN WITNESS my hand and official seal. Commission * 2104189 Notary Public -California Orange County My Comm. Exoires Ant 18 2019 Signature(Seal) CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name G eC9/tAt~Rm License #/Exp. 59 99 SS 'r' License #/Exp. DIR Reg. #/Exp. /000Oe2/%gj- (,11glJoLir Location AU -0 oryA Location /AJS?iNiNSJ1r� Phone Q-6yf-S'3/6 y k -y Type Of Work CQIJ (48 M Amount$ Amount $ JV /7 576 , -- e*Ar (® ^^q Name IrOA'/U,(Q .SU/df G/N/ License #/Exp. „J�y/ X0)7 DIRReg.#/Exp. 1.OcOp 2T6 s0 Zd/ License # Type Of Work Location/EMaNr ch Phone yQ j;2/ & I cff Type Of Work t4w-Rr Aulcoyd& Amount$ 7AOP00.00 Name PIQ*CJ5 /0AN COO JP46 O/4 License #/Exp. 9,z6* a A * A# DIR Reg. #/Exp. 66660 eg-16 4 l f zolr License # Location y(JC'4jp Phone *f W Type Of Work TO Al(,(. Amount$ 1900•— Name (014Rf5/P romfg/wy License #/Exp. 179`6OCJ M d> DIR Reg. #/Exp. 1&6aQ06306 6% 6)11. Location 444610Xf1AU6TD0 Phone 909 744, 0314: Type Of Work J',�jt//A16 Amount $ �fapp.Op Name %R/ CWLJT► .S'AUPOLASJ/AI License #/Exp. /r 2 21 DIR Reg. #/Exp. /00600 ?F/s" 4& toll License # Location /AJS?iNiNSJ1r� Phone y k -y ,71$6''339 Type Of Work S'1hV#&JA<nAJs Amount$ ,7040 Name e*Ar (® License #/Exp. _*I• AO ,'kl pY a DIR Reg. #/Exp. 000% ,2 k-/ X— License # Location /-/�yly Phone 7iy 6.30J.014 Type Of Work Jar )4 Amount$ 3D,ppd.OD CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed similar work within the past three years. C Address of Owner. Name and Telephone Number of person familiar with project. w *0ox .00 PA A* CVRA 9-60 - -%4 Zoi c" Contract Amount T pe of Work Date Completed 2. COW)OF Or% Ol�flvtK,� at/�s1 9 Roc�+cc��r Name and Address of owner. 6/rvv Anil n 4'or Sty ?,o fit Name and Telephone Number of person familiar with project. X t�o, Dom/VortN ACCOIJss .eo Contract Amount Type of Work 3. (!!Pf tyle - Name and Address of owner. Name and Telephone Nun A�4( 0& -go Contract Amount of person familiar with project. ,2A)iwi Type of Work /��4?40✓# Date Completed 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. �UL C�ikR�SON Sod1�iYV lr 7iY 5"'S'"00 P= S/ /lA k mowao 2D 0?a ��104 '12F07 coawl KlSK R&W O Mc. Sr' S eo �/gW�0r�6BMtrF� /(t�ti�!/all/r,, (rld60p BP -10 CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed Rehabilitation Street hnprovement Project work in the past 5 years. 1. 2. 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. 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. BP -1 l CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance 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 BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal nrosccu&n. Signed State of Cal County of , Subscribed and sworn to (or affirmed) before me on this 1�774 -'day of J sr L , 20 J41y pr to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal BP -12 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or -validity of that document. State of California County of Orange On June 15, 2015 before me, . Gerard Paul Lincoln, notary public (insert name and title of the officer) personally appeared _ John Skeffington who proved to me on the basis of satisfactory evidence to be the person(f4 whose nam6(64aare subscribed to the within instrument and acknowledged to me that tashaAl4ey executed the same in i4hezd4ir authorized capacity(), and that byd:rsVheOtl-reir signature(s4 on the instrument the person(4 or the entity upon behalf of which the person(sj 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. GERARD PAUL LINCULN[ • a Cnmmission N 2104189 Notary Public - California . Orange County *Comm. Ez irea. A f 19, 2019 (seal) CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. BP -13 CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) 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: Firm: °x M r" Date: Cela �� ti BP -14 CITY OF SANTA ANA PROPOSAL Project No. I3-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) STATEMENT REGARDING APPRENTICESHIP REOUIREMENTS 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 alike amount the California Apprenticeship Council. Signed: (\� Title: Firm: �S' xsjD *r —7. IQ Date: C /h 5 - BP -15 CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) 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. Signed: Title: Firm: Date: &I, d, BP -I6 CITY OF SANTA ANA PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) PUBLIC CONTRACT CODE SECTION 10162 OUESTIONAIRE 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 If the answer is yes, explain the circumstances in the following space. BP -17 State sof California S ` Secretary ref State Statofivent of fhfcrrrnatlon (Domestic Stock and Agricultunal Cooperative Corporat%nsX FEES (Filing and tiiselosure}i $25.09. If this Is anamendmenn, see instruetforts. IMPORTANT –READ INSTRUCTIONS BEFORE COMPLETING THIS FORM - I CORPORATE NAMF SKEIFFItNGTON ENTERPRISES, INC. 2. CALPFORNIACORPORATENUWRER n. 02023037ry Tlea Spew I., Fning use rSnly No Chan a Statement(Nbt ap licable if agent address of Raca u a P 0- Sox address Sade instructions.) a. If there have haensny changes too the information contained in the [set Statement oflOOnnation filed With lUerCailforh{aSeoretaty of state, or no statement of information has bsen previously filed, this form must becompletedin Its entir-ety.- o It there has been no Change In any of the Information contained in the llast Statement of Information fled with: the California sedlcia(y of State check the bossed proceed to Islam 17. _Complato Addrassas-foo Aha FollitSWing too not aobrav{afaIlls name of the platy, 1#ems �t andB cannot ba ix:p Sottas):.. }. A a1.REET AGUNESS Or PRINCtPA1L EXECUTIVtE 6FFia6 CITY STATE Rip CODE 22OO'SOUTH YALE ST SANTA ANA CAS 92704 _ 6 6l`R£$T AD6nESy pP PRCIICIPNL EV€INE5.5 OFl=IC6IN CALIFORNIA, rF'ANY CITY STATE ZIP CODE 2700 SQUThi YALE ST - ._.__..._.. SANTA ANA .CA 92.704 _ e MAILING ADORE" OF C6flP4RAtiUP.l IF b1FFF,RE`N1'THAN ITEM CrrY. - STATE ZIPOOOE Names what Compiate Addresses of the Following Officers (The corporation must flet these three staters, A comparable Sic for the spechic Offocr maybe adde , hpwaVer Ina it apented titles on the; to" Must not be al#eved,) T CHIEF EXECUTIVE OFfICERi ADDRE9$ &iTY' $TATE LIP Ci7AE WJUJAH, J. 5KEFFINGTON 2200 SOUTH YALE „ST SANTAANA. GA `92704'. a SEC ETbRY ADDRESS CITY STATE ZIPCODE JOHN W. SKEFEINC'ITON� 2200 SOUTH YALE STSANTAANA CA. . 92704.. a 6HIL'F-MNANCIALOFFICERt ADDRESS CITY STATE ZIP CODE rv. JOHN \M. SKEFFiNGFON 2200 SOUTH YALE ST SANTA ANA CA 92704 Names and Compiate Addresses of All Directors, Including Directors Who are Also Officers tThe porpostion must have,atbast one director :Attach addlltegai sagas. o necessary:) 70 NAME. .. AI}p}ta=,E"S - CITY SIRTE LIPCOCrP WILLIAM J• SKL'FTiNG:fON .2240 Si7U'I H YALE. ST SANTA ANA CA 92704. .---.,..._..W..�. 17 NAME ADDRESS CITY $tA7'C ZlP COLE JOHN W; 6KEFFPNtiTON w .......Z200 SOUTH YALE ST SANTA ANA CA—,L704 - 12 NAME RDDHE3S _ CITY_ STATE ZIP CODE .,....._w_ _.__......._..... ta. NUMBER OF VACANCIES ON THE BgARO'OF➢IAECTO7R5, IF ANY: Agent for Service- of Process If ins igdnt Is an Individual, the agent must reside In California and Ilea' 15 must be completed vain a Colborne street address,.a P 0Box address is not aoreplabla if the agent is another c lrporapmt;'the agent most hot on filo, wfh the California SecreWry of Statea rFirygafp 'uesy ralt to Califurnre Corporations Code seti6ipn i5tiS.and itofn t$ mustbaleft Markt )d, NAME OFA.GENT FOR SERVICE OF PROOESS: .... - WILLIAM J. SKEFFINGTON 95 FET ADDRESS 6F AGENT FOR SER7.50EOFPROCE>31$7N CALIpptiNlA.iFANiM©IVRSUAI. GtiY STATE SIR CODE 2200 SOUTH YALE ST SANTTA ANNA, CA. 52704 ' Type of Business - ..... 16 DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION tJvrr9'ShiP and manapEn lent of ssophs ,- 0Y SU6MTTINO THIS $TATEN,ENT tiF INFORMATION TO THE CAUFORNM $ECPErARV Or STATE. THE CORPORATION DERT IES THE INFORMATION CONTAINED 14EREIN INCLUDING ANY ATTACHMENTS. IS TRUE ANDCiORRECT. 6-11-2015 .JOHN W. SKEFFINGTON OSREU OR DATE T'fnE1pRlot N/iME (?F PERSON GOMPLEPING.K'41RM TITLE T: RE —.......,--- 81 -200 (REV 04121373) A PRO D Y ECRETARY OF STATE UWe, the undersigned Director(s) pfSl{EFFiNGTON ENT PRISES, INC, ("Corporation"), a California corporation, liereby unanimously consent to waive notice of an annual meeting of dv, Board of Directors and consent to action by the Board of Directors by the consent of all of the Directors of the Corporation as follows: The Chairman of dae'Board called the meeting to order and indicated the annual', meeting of the Shar6olderswould immediatelyfollow the annual meeting oftheDirectors. Prior minutes and resolutions itdopted by the Shurcholders since die last inaetiug of the Shareholders were fid. It was: dtdy moved, seconded, slid carriod that the minutes and resolutions be approved as read'. Next tire Chai iiianpresciitedareliortabDut thoeventsrelatingtothe Corporation. Her indicated' that the nnatters stated below were signiricintlo the. Corporation and, after discussion of the merits of each of the matters,the Directors should vote whether to approve steps propesed to be taken, or, to approve steps that had been taken. The following resolutions were considered andpassed by to surimoas vote, WMEREkS, the Board of Directors concludes that it is tea the best interest of the Corporation IQ tsnnsact the within business without natica; and, WHEREAS, the Board ofDirectors have reviewed flip perfoasnance ray the off>eers of this Corporation of their duties an behalf of the Corporation in order to determ e whether drone officers should be elected to occupy during the "next fiscal year" of the Corporation dua saaneordifferent otiiceswhich such person orpersons .occupied during the "cuarent fiscal year" of the Corporation; and, WHEkE hS, tbo Bonrd of Directors of this Corporation have reviewed the actions of :the officers of this Corporation undertaken during the "current ureal year" of the Corporation for and on behalf of this Corporathro uneluding, without limitation, tall such actions as may have been takenwith respect to any borrowing of fonds by the Corporation, any loans which tray have been extended by the Corporation to its shareholders, officers or directors, and contracts and agreements which may have been entered into by the Corporation during the "current Fiscal year." activities of the employees undertaken for and ata behalf of The Corporation daring the "cartent fiscal year".including, withoyu limitation, the aniquat of time expended by such employees have anade to the profitability and productivity of this Corporation during such year, the ofher effects expended by such employees in promoting dna business of the Corporation during such year, and all other factors rolevant to de termiuing the value of such employees to rho Corporation and the annouanofcoanpensation to be paid to such employees for their productivethne, efforts and abilities expended for and on behalf of the Corporation during such your; and, WHERrftS, the Board of Directorsconetudos that it is in the best intorm of the Corporation and its officers and onaployees to adopt a resolution to avoid double taxation, Page t inthe event the' Corporation's deductions for salary, rent, trove] and entcrminment, etc., paid to stockholder -executive are disallowed: and, W M -R I --.AS, the Chairman noted that it was in order to elect officers forthe cnsri ng year. Noitnitratiows were, flirty made and seconded For the fallowing: President; WILLIAM J. SKEFFINGTON Secretary JOHN W. SKEFFINGTON Chief FinancialOfficer: JO.t3NW,SKEFFINGTON WHEREAS, the Board of Directurs coneludc that it in die hest interest of the Corporationkrod its sbareholdexs that the Lola] officersalaries, wages, includingbonuse.a, for the ensuing yiir be approximately equal to the tbllowiog; Total Officer Compensabor: $-0- WHEREAS, die Board of Directors>citodude that it is in the best interest of the Curpormion and its shareholders. to authorize WILLIAM I SKEFFINGTON as President or JOHN W. SKEFFINGTON as Chief Financial Officer and Secretary to enter into contracts on bcttalf of the Corporation. THEREFORE, the following resolutions are hereby adopted RESOLVED, that the undersigned Directors hereby agree that any business transacted without notice pursuant to this resolution shalt betas valid and legal and have the sauce force; and -effect as thought notice had been duty given,: and, RESOLVED, that all contracts and agreements entered into by on behalf ofthe Corporation by an authorized officer of the Corporation during the "current fiscal year" be and they are hcreby appiavod„ and, RESOLVED, that all loans made to or by this Corporation for the benefit of its shareholders, tis rcllected in ttais Corporation's :books and records,, and the terms for repayment id'such loans, be and they hereby are approvod; and, RE SU VE,D, that the Directors of this Cor,p0ration hereby affirm all other actions previously taken by the officers of the C'orporatol;and;: RESOLVED, the Directors accept and approve the annual report as outlined hereinabove Cts containing accurate figures for 2014; and, RESOLVED, that any pay ricutor payments made to as officer or eiriployee of this Corporation such as salary, eoirmussious ox bonuses, or business expense ine urre lay such officer or employee, which shall be disallowed ins -whole or in part as a deduction expense to this Corporation by the Internal Revenue Service, and/or: the California Franchise Tax Board, shall be reimbursed by such of[ioer and employee to the Corporation to the frill extent and the anutuat of ,aid ctisaliowan= It shall be the duty of the Board of Directors; as a Board, to "force payment by die officer or employee, subject to tate determination of the Board ofDuciiors, proportionate amounts may be withheld from Such officers, or employees' ritteue compensation until the amount owed to the Corporation shall be fully Page 2' recovered; and, RESOLVED, that the undersigned Directors confirnithat the following serve as (lie offiwers of tile Corporation for the ensuing year: President: WILLIAM J. SKEIFFINQTON Secretary: JOHN W. SJUFFINGTON Chief Financial Officer: JOHN W. SKEFFINGTON RESOLVE -D, that the undersigned Directors hereby confirm that the total officer saitaries or wages, including boruses, for 2014 was approximately equal to the following, Total Officer Cooipeusafion; m RESOLVED, that WILLIAM J. SKEFFINGTON or JOHN W. SKEFF[NCYTON shall hall bove authority to enter into contracts on behalf of dw Corporation; and RESOLVED, that this action is taken and aafficn'ized under the California corporation code, Therebeingnr and lie further birsiticsa, the annual inoetingof the Direclorg was adjourned until next year. Dated, January 1, 2015 WILLIAM J. SKEFFINGTON, Director JOHN W. X�AT N, Director pflge 3 CERTIFICATE BY SECRETARY OF RESOLUTION BY BOARD OF DIRECTORS OF F11rGTON RN, THIS IS TO CERT]TY THAT: lam the duly-elected,,qualifiedand actingSearetary of SUFFIN50TON FNTERPPJSrS, fNe. The above resolutions were submitted to the Board of Directors pursuant to a Waiver of Notice of an Annual Meeting by the Board of Directors and Consent to Action at an Annual Meeting by the Board of Directors Q r said corporation and :molt resolutions were ratified by the unanimous vote of all the Board of Directors of Said corporation, The undersigned dechires under penalty of perjury that the nialters set forth in die foregoing certificate are 111te and correct, Dated: Jinmaryl, 2015 �N, -Sccrctai bj Page I BOND# 08739254 CITY OF SANTA ANA PREMIUM: NIL PROPOSAL Project No. 13-2638: Portola Park Improvements (Parking Lot, Basketball, Tennis Court Renovation) BID BOND KNOW ALL PRESENT that, BEN'S ASPHALT, INC. as BIDDER, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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% 1, 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 fixe 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 _Jt TH clay of JUNE 120 15, BIDDER* 2200 S. YALE STREET RFN'CZ ASPHALT, INC. SANTA ANA, CA 92704 PH. 714-540-1700 SURETY* C/O ZURICH 1400 AMERICAN LANE FIDELITY AND DEPOSIT COMPANY OF MARYLAND SCHAUMBURG, IL 60196 213-270-0600 Subscribed and sworn to before me Signature: Notary Public 't and he County of , Stats of this day of *Provide BIDDER/`SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. CULBERTSON INSURANCE SERVICES, INC. 5500 E SANTA ANA CANYON ROAD, STE. 201 ANAHEIM, CA 92807 714-921-0530 BP -8 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 .zrercr,c:rs.c�.sr.�r�r�c-,cc,�rsr�.c�>r,:.rc�a,.e�;LrcnLrrrc:r.�r,�o,�r,�r�e�r�.r.�r�,.�ccrcr.�.r,� rcoce:�s�,rrs Ll See Attached Document (Notary to cross out lines 1-6 below) [X See Statement Below (Lines 1-6 to be completed only by document signer[s), not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (If any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE LESHERWOOD COM12111182 P'! NOTARY PUBM. LIC *CALIFORNIA j ORANGE COUNTY Gomm. Exp. JULY 27, 2017 �` V'v'Y"W v"Y"'•'v"V"'v"V"Yw Subscribed and sworn to (or affirmed) before me on this 11TH day of JUNE 20 15 by Date Month Year (1) SPENCER FLAKE (and (2) i1 Name(s) of Signers) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature &�) Signa ure of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN 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 State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 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, mrd appoint Richard A. COON, Charles L. FLAKE, David L. CULBERTSON, Lexie SHERWOOD and Spencer FLAKE, all of Anaheim, California, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and an 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 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 hereof is a true copy of Article V, Section 9, 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 ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 31J4s+3"i�rol••µas sno.yU%,. `pliL% gaa yiiNiae�*�.P�P+J++ I,�,}t i V • �� Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Baltimore On this 19th day of June, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly comoussioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals aid the 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 affixed my Official Seal fire day and year first above written. �Cirmm�ry 9i41r !�4 �. ����igilunr+`++ Maria D. Adamsk i, Notary Public My Commission Expires: July 8, 2015 POA -F 012-4150J EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-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, recognizances, stipulations, undertakings, or other Tike instruments on behalf of the Company, and may authorize any officer or any such attorney-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 I, 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 Cho 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 15tb day of December 1998. RESOr Vv' . "That :+e s,gnatur.. rf„ P e:..d nt Ora V: , -,e ur ,:deut and the _ .:.;t r,; -,g r: tune Oro s. -c: e;*, or ur Assistant Secretary and the Seal of the Company maybe affixed by facsimile on any Power of Patomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall 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, shall 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 acid affixed the corporate seats of the said Companies, this 11T$ay of JUNE , 20 15. FQ otrasr a'G�plro3��s G19111[rY Via( \0. 0; sena Alp D Michael Bond, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On June 15, 2015 before me, Gerard Paul Lincoln, notary public (insert name and title of the officer) personally appeared John 5keffington who proved to me on the basis of satisfactory evidence to be the person(C4 whose name(s-)Gtare subscribed to the within instrument and acknowledged to me that taslh lUaay executed the same in (rLohaid4ir authorized capacity(* s), and that by(tjglfhe-kh it signature(r,4 on the instrument the person(4 or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ULHAHD PAUL LINCOLN F Commission # 2104189 Notary Public . California y Orange County Comm, E area 18 2019+ (Seal) MN4r I ty HtI h Nguyen, Clerk -Recorder IIS IIII IIII IIII IIII I III I I I II NO FEE *$ 8 0 0 0 7 fa 0 3 1 6 2 1+ 201585000503 9:29 am 05/15/15 242 304 Z01 0.00 60,00 0,00 0,00 0.00 0.00 0.00 0,00 MAYOR CITY MANAGER Miguel A. Pulido David Cavazos MAYOR PRO TEM :,:: ��, c - CITY ATTORNEY Vincent F. Sarmiento Sonia R. Carvalho COUNCIL MEMBERS CLERK OF THE COUNCIL Angell" Amezcua Mena D. Huizar P. David Benavides Michele Martinez Roman A, Rayne Bal Tlnalero CITY OF SANTA ANA PLANNING & BUILDING AGENGY 20 Civio Center Plaza (M-20) P.O. BOX 1988.Santa Ana, California 82702 (714) 667-2700 • Fax (714) 973-1461 vAw+.santa-ana.org NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: 13-2638 Portola Park Improvements Data of Approval: 07/21/2015 ProjectNumber(s): PWA-2015-556-CIP Project Location: 1 CityWide (Partial) City; Santa Ana County: Orange ER Number: ER -2015-67 Project Description: Removing existing asphalt pavement and replacing with new asphalt concrete pavement, replacement of damaged curb, sidewalk, resurfacing tennis court, chain link fehce, basketball and tennis court appurtenances. Applicant Name; Monica Suter , City of Santa Ana Applicant Address: City of Santa Ana, 20 Civic Center Plaza SANTA ANA, CA 92702 Name of Public Agency Approving Project: City of Santa Ana Name of Person or Agency Carrying Out Project: Suter, Monica Exempt Status: ❑ Ministerial (Sec. 15268) Ll Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)/(6)) • Statutory Exemption: Q Categorical Exemption: 15301 (c) Reasons) Why Project is Exempt From CEClA: Restoration of existing City facilities, City Contact: Sean Thomas FILED P®0"TED JUN 15 2015 JUN 15 2015 HUGH, Y[N,CLkRK-R:COiipER ORANGE COUNTY K-RECGROER DEPARTMENT BY: DEPT; DEPUTY --- Telephone: (714) 647-5655 Assistant Engineer Signature: —"'" � - Title: Date; SANTA ANA CITY COUNCIL 6/15/16 Miguel A. Pulido Vincent F. Sarmiento Michele Martinez Angellca Amazcua P. David eanavldas Roman Reyna Sal TNalera Mayor Mayor Pro Tem, Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward e MPulidodsanla-anaere VSarmlento.'mcantoana om MManln,p a ta.ai onsA,yd_gi �g�y. santaana orp D6analr!�@ nlxana otA g Xpacd7,aante-ana ora STir alerw�sania: na_aom,. )3m265E3 SKEFENT-09 TSTORM p'��0i'Q CERTIFICATE OF LIABILITY INSURANCE oATEtMM10GDY Y1 8/6/2096 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed„ If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollciss may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement a . PRODUCER License 4 OD20764 NAEIacr Jennifer Hojnacki Orion Risk Manaf1ament Insurance Services, Inc. 1800 Quail Street Suite 19tl Newport Beach, EA 92600 P ONE Ax SID, (949) 263.8850_ AID Np 949) 263.8_860 _ ADDRIESS: INSURERS AFFORDING COVERAGE j NAICN �AGS0088300 INEURERA:Ironshore Specialty Insurance Company 25446 EACH OCCURRENCE_ INSURED INSURERS: Starr Indemnity &Liability Com any 38318 INSURER CI Great American Insurance Company 16691 Ban's Apshalt Inc. INSURER D: 2200 S. Yale Street, Suite A Santa Ana, CA 92704.4404 - — INSURER E; - — INSURER P: FER50NAL&ACV INJURY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJBCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSRrypE OF INSURANCE LTR II WVD POLICYNUMEER POLICY EFF i MMIcOIyyYy POLICY EXP MMIDDYYYY LIMITS A X COMMERCIALGENERALLIAEILITY CLAIMS -MADE X OCCUR X �AGS0088300 0310112016 tl3107 /2098 EACH OCCURRENCE_ $ 1,000,000 PREMISES Eaaccunenca $ 60,000 MEDEXP(my one person) I$ 6,000 FER50NAL&ACV INJURY $ AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ___1,000,000 $ 2,000,000 GEHL POLICYn PEO LOC PRODUCTS-COMPIOPAGG 2,000,000 EaCccDeductlble _5 $ 6,000 OTHER, AUTOMOBILE LIABILITY COMacBINEOSINGLE LIMIT Do Ea $ 1,000,000 BODILY INJURY (P., person) _ $ B X ANY AUTO SISIPCAD8287616 03101/2016 03101/2016 ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOSNON-OWNED AUTOS ! BODILY INJURY(Fer accidsn0 $ PROPERTY DAMAGE Peraccident _ $ Comp/Coll Ded $ 2,00 UMBRELLALIAB X OCCUR EACH OCCU_RREN_CE $ 5,000,000 C X EXCESS LIAO CLAIMS-MAOE TUEDC1706006 03IC112016 031011`2016 AGGREGATE $ 5,000,060 BED I X RETENTION$ O $ B WORKERS COMPENSATION ANOEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBEREXCLUDODP ® IMandatorylnNH) NIA 1000001342 03/01/2016 0310112016 X PER 0TH- STATUTE, ER $ 1,000,000 E.L EACH ACCIDENT " '- E, L. DISEASE, EA EMPLOYEE $ 1,000,000 OESbRIPTION OF OPERATIONS below E, L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION Of OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltleaal Romarhu Schedule, maybe altsched if mora space is required) Re: Job MOOGL Project No.13.2638; Portola Park Improvements The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; Its officers, employees, agents and representatives are named Additional Insured & Primary & Non -Contributory Wording per CO20f 0 07041002037 0704. 30 day notice of cancellation; 10 day for non-payment of premium. CERTIFICATE HOLDER CANCELLATION ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORK City Cit of Santa Ana Attn: Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza AUTREPRESENTATIVE Santa Ana, CA 92701 "HORIZED - 1 ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AGS0088300 COMMERCIAL GENERAL LIABILITY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations Additional Insureds shown in a written contract, or written Any location, agreement that includes primary and non-contributory wording. The inclusion of one or more Insured under the terms of this endorsement does not Increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. SECTION II — WHO IS AN INSURED Is amended to include as an additional Insured the person(s) or orgenization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the location(s) designated above, B. With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CO 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: AGS0088300 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Additional Insureds shown in a written contract, or The insurance afforded by this policy for the benefit of written agreement that includes primary and the additional insured does not apply to non-contributory wording where required. 'property damage' to any building, structure or appurtenant structure intended to be occupied as The Inclusion of one or more Insured under the terms of a'private residence'. The term "private residence" Includes single family homes or residences, this endorsement does not increase our limits of multi -family homes or residences, Apartments are not liability.' 'private private residences . All other terms and conditions remain unchanged. Information re ulred to complete this Schedule if not shown above will be shown in the Declarations. Section 11 — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, In whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and Included in the "products -completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 ADDITIONAL INSURED ENDORSEMENT Insurance Company Starr Indemnity Insurance Cp. This endorsement modifies such insurance ' as is afforded by the provisions of Policy # AGSoosmo relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional Insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named Insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named Insured, such Insurance as Is.afforded by this policy Is prlmary and is not additional to or contributing with any other insurance uarr'ied by or for the benefit of the additional insureds. 3. This Insurance applies separately to each Insured against whom claim is made or stilt is brought except with respect to the company's limits of liability, The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant If not so Included. 4. With respect the additional insureds, this Insurance shall not be cancelled, or materially reduced in coverage or Ilmits.except after thirty (00) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701: (Completion of the following, including countersignature, is required to snake this endorsement effective,) Effective P310I/20I this endorsement form as part of 1. RO O. # ACS0088300 Issued to Ben's Asphalt Inc, Name insured Countersigned by EXECUTED IN ONE COUNTERPART KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the City of Santa Ana, State of California, and BEN'S ASPHALT, INC. BOND# 7645933 PREMIUM: INCLUDED IN PERFORMANCE BOND Attachment A (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated AUGUST 4, 2015 entitled" PROSECT NO 13-2638 PORTOLA PARK IMPROVEMENTS is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient Contr'actor's Payment Bond with the City of Santa Ana to secure the claims to which reference is made in Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW THEREFORE, said Principal and the undersigned as corporate Surety, are held finely bound unto the CITY OF SANTA ANA, and all contractors, subcontractors, laborers, tnaterialmen and other persons employed in the performance of the aforesaid a,g cement and referred to in the aforesaid Civil Code, in the sum of ** ----,--.DOLLARS ($187 , 146. 00 ), for materials famished or labor thereon of any kind, or for amounts due render the Unemployment Insurance Act with respect to such work or labor or for any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to Section H3806 of the Revenue and Taxation Code, with respect to such work and labor; that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. ** ONE HUNDRED EIGHTY—SEVEN THOUSAND ONE HUNDRED FORTY—SIX & NO/100'S IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shah inure to the benefit of any and all persons, companies and corporations entitled to file claims Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1 The Surety hereby stipulateS and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been only executed by the Principal and Surety above named, on AUGUST 4 2015. PRINCIPAL: BEN'S ASPHALT, INC. (Type Company Name) By Ti c: By: _ Title: (Attach Acknowledgements of both Principal and Surety signatures) APPROVED AS TO FORM: ''ity Attorney Payment Bond - P.W. (except subdivisions) 02/13 W FIDELITY AND DEPOSIT SURETY: COMPANY OF MARYLAND (Type Company Name) By: --_-.WATTORNEd TtleACT CHARLES ?L. FLAKE By: Title: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ORANGE ) On 8-05-15 before me, LEXIE SHERWOOD - NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared CHARLES L. FLAKE Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they 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. LEXIE SHERWOOD WITNESS my hand and official seal. COMM. # 2031782 NOTARY PUBLIC *CALIFORNIA 2 ORANGE COUNTY f Comm. Exp. JULY 27, 2017 Signature Slfgnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer Is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Tlim the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 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 Richard A. COON, Charles L. FLAKE, David L. CULBERTSON, Lexie SHERWOOD and Spencer FLAKE, all of Anaheim, California, 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 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 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 his/her 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 19th day of June, A.D. 2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND tn- 86AL ,JayrS Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Baltimore On this 19th day of June, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposedr and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument me the Corporate Seals of said Companies, and that the said Corporate Seals and the 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 affixed my Official Sea] the day and year first above written. ``1`,Udoii�,�c�q� V gImollr� , Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 012-4150J r EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -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, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-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 I, 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 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 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, shall 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 seals of the said Companies, this 4THdayof AUGUST 20 15. in...... 'r0 o[�asr , 'Grs•.....y.�n's, cssuytr _� i`P'�`%. ?.'a°0•°°x'6 °mi «r �b � y , tees' Michael Bond, Vice President 916M2Wk BIW IN -91 1�7 Ml -M A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange � On August 7, 201.5 before me, Gerard Paul Lincoln, notary public (insert name and title of the officer) personally appeared �3ohn Skeffington 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(les), 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. (Seal) GERARD PAUL LINCOLN Comnnsslon 12101189 ` Notary Public - CalNorme Orange county Comm. E ins 18 2019 EXECUTED IN ONE COUNTERPART BOND# 7645933 PREMIUM: $1,353 Attachment B BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS TiIAT: WHEREAS, The City of Santa Ana, State of California, and BEN'S ASPHALT, INC. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to complete certain designated public improvements, which said agreement, dated AUGUST 4, 2015 , entitled"- PROJECT NO. 13-2638 PORTOLA PARK IMPROVEMENTS is hereby referred to and made a part hereof; attd WHEREAS, said Principal is required under the terns of said agreement to furnish a Bond for Faithful Performance of said agreement. NOW, THEREFORE, we, the Principal and -FIDELITY AND DEPOSIT COMPANY OF AMERICA as Surety, are held and firmly bound unto the City of Santa Arta (hereinafter called "Ca/,'), in the petal sum of ONE HUNDRED EIGHTY—SEVEN THOUSAND ONE HUNDRED FORTY—SIX & NO/100'S DOLLARS (S 187,146.00 )lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as thereinprovided„ on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then Oils obligation shall become null and void; otherwise it sit" be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfidly enforcing such obligation, all to be taxed as costs and included in any judgment rendered. I The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on --A11-GH5T 4. 2015 PRINCIPAL: BEN'S ASPHALT, INC. (Type Company Name) FIDELITY AND DEPOSIT SURETY: COMPANY OF MARYLAND (Type Company Name) (Attach acknowledgements of both Principal and Surety signatures) APPROVED AS TO FORM: IN 1�. Title: CHARLES L. FLAKE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ORANGE ) On 8-05-15 before me, - LEXIE SHERWOOD - NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared CHARLES L. FLAKE Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they 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. LEXIE SHE WOOD WITNESS my hand and official seal. vv. COMM. # 2031782 3 g NOTARY PUBC-CALIFORNIA ORANGECOUNTY Comm. Exp. JULY 27, 2017 j Signature S nature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: _ Signer Is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator ©2014 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN 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 State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 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 Richard A. COON, Charles L. FLAKE, David L. CULBERTSON, Lexie SHERWOOD and Spencer FLAKE, all of Anaheim, California, 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 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 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 his/her 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 19th day of June, A.D. 2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND c•i;"xx6 �W�. \•: ° lase $: �O•�,`lnDo:°3 - 71( Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Baltimore On this loth day of June, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth mud satth, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the 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 affixed my Official Seal the day and year first above written. VVCC�Iloirtl�0 of 61� (fir Iq ItIN�y V � Maria D. Adamskd, Notary Public My Cormnission Expires: July 8, 2015 POA -F 012-4150J EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vico President may, by written instrument under the attested corporate seat, 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 attorney-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 I, 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 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 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, shall 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 seals of the said Companies, this 4TMay of AUGUST 20 15 "q� 661. .•,a wr AD D Michael Bond, Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the dot.urnent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On August 7, 1015 before me, Gerard Paul Lincoln, notary public (insert name and title of the officer) personally appeared John Skeffington 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. GERARD PAUL LINCOLN Co # 2104189 WITNESS my hand and official seal. Z `" Notary Public • Ca0tonnia Orange County M Comm. Ex Ines A f 18 2019 Signatur __ (Seal) X � �Ff � f J N I o s 140 R O M Z Z (p. 4 O 4 `y J N �OP