The URL can be used to link to this page

Home My WebLink AboutEBS GENERAL ENGINEERING, INC. Recording Requested By, And When Recorded Mail To: Clerk of the Council,City of Santa Ana Recorded in Official Records, Orange County 20 Civic Center Plaza,P.O.Box 1988 Hugh) Nguyen, Clerk-Recorder Santa Ana,CA 92702 illl I I I� IIII II I III I I III I I I I I I I II NO F E E * $ R 0 0 0 9 S 2 9 2 9 4 $ * 2017000370808 8:46 am 08131117 62 413 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused Q construction of MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II under contract a entered into on OCTOBER 18, 2016, with EBS GENERAL ENGINEERING, INC., on which x contract SURETEC INSURANCE COMPANY is surety. The property on which such work W o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and c z described as Project No. 16-6854; ATPL-5063(164) located at: MAPLE ST. from CENTRAL AVE. to CHESTNUT AVE. The work improvement on said property was accepted as completed a o � on AUGUST 25, 2017. coo w o CITY OFF ,A MUNICIPAL CORPORATION z Q by o �� Dated: �� l Princi al Civi n ineer-Tyrone Chesanek W tL, TITLE ------------------------------------- ----------------------------------------------- VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin "William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I dcc are under penalty of perjury that the facts therein stated are true. Executed on �� , at Santa Ana, California (Signature of indivi al swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: AWARD CONTRACT TO EBS GENERAL ENGINEERING, INC. FOR CONSTRUCTION OF GRANT -FUNDED MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II (PROJECT: 166854) (STRATEGIC PLAN NOS. 6, 1B & 1G) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED orr 1Q'Jr)1b 2' As Recommended, 13 ❑ As Amended ❑ Ordinance on 1®' Reading ❑ Ordlnance on 21d Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $552,950, for the term beginning upon execution of the contract and ending upon project completion, for the Maple Bicycle Trail Safety Enhancements Phase II 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 $691,187, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $55,295. DISCUSSION The existing Maple Bike Trail stretches 2.25 miles from Central Avenue to Chestnut Avenue (Exhibit 1). This bike trail serves hundreds of cyclists and pedestrians every day. In addition, this trail is heavily used by students walking or biking to school. The improvements consist of constructing bulb -outs and ADA -compliant wheelchair ramps, and installing signage. Once completed, the shortened distance that pedestrians and cyclists cross at roadway intersections will improve safety. A Notice Inviting Bids was advertised on July 28, 2016, and August 4, 2016; the bids were opened on September 21, 2016. The following is a summary of the bid invitations made and the bids received: Award Construction Contract for Maple Bike Trail Safety Enhancements Phase II October 18, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 4 Contractors requesting bidding documents 12 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 EBS General Engineering, Inc. Corona $552,950 2 Patriot Contracting & Engineering Yorba Linda $713,500 3 Excel Paving Co. Long Beach $744,422 4 Leonida Builders, Inc. Glendora $1,008,200 5 FutureDB International, Inc. Irvine $1,520,768 A total of five bids were received and all were deemed responsive. EBS General Engineering, Inc. submitted the lowest responsive bid in the amount of $552,950 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract ;(Exhibit 3) to EBS General Engineering, 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 B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016-117 was filed for this project. Award Construction Contract for Maple Bike Trail Safety Enhancements Phase II October 18, 2016 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of this project is $691,187, which includes construction, contract administration, inspection, testing, and contingencies. Funding is available in the Active Transportation Program Fund (Account No. 14817613-66220, Project 166854) for expenditure in Fiscal Year 2016-17 IVA red ousa ipour Executive Director Public Works Agency FM/EWG/TC/MO EXHIBITS: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Hr OBmum rL AH kUW rL C9111MJ, AV J YYHNB Hr WHOM ~or WAK MM AV WBIWm R ewmy PL NON/MaY R HAHWOOD R HORW er HOWM AV EXHIBIT 1 CHBRWRAV SANTA ANA CITY COUNCIL AGENDA DATE: PROJECT NO. 16-6854 LOCT. ie. 2016 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS FROM CENTRAL TO CHESTNUT O lc s�Kv PAGE 1 OF 1 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 16-6854 MAPLE BIDE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc, REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 700 CY $ " $ i q0�_ 0� 2 Concrete Removal* 20 CY ^�"''� $ 3 AC Pavement* 100 TN $ $ 4 PCC Sidewalk (4")* 10,000 SF $ sv $ `D,0do 5 PCC Driveway Approach (Commercial = S")* 500 SF $ $^,'��+� ((�f �`.r✓ ' M "`r.. 6 PCC Curb Ramp* 7,200 SF $ 1 , G p J •— $ '17, s 7 Furnish and Install Truncated Domes 38 EA $ $ 8 PCC Curb and Gutter (Type A-2.6)* 200 LF $ Z- $ Ll . 9 PCC Curb 6" x 12" (Type A-6)* 1,200 LF $ $ 10 PCC Curb and Gutter (Type B-1)* 1,200ISF $ -} $ r PS r2.J 11 PCC Cross -Gutter (Local Street)* 500 $c oo12 Root Shave* 2 $ D00 $ / D( ✓ 13 Adjust Water Valve Frame and Cover* 2 EA $ $ 570D -'" 001] '-- P-1 ofP-t7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIDE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED Item Description Qty Unit Unit Price Amount 14 Abandon Gate Valve* 1 EA $ $ tea G7 — 15 Furnish and Install New Nater Valve Frame 1 EA $ $ and Cover* 16 Adjust Survey Monument to Finished Grade* 2 EA $ $ 17 - Furnish and Install Collapsible Bollard* 24 EA $J $ A00- y� 18 Furnish and Insall Sidewalk Culvert* 2 EA $ $ I I C7 Wo 19 Remove Fire Hydrant and Assembly* 2 EA $ $ 20 Finnish and Install New Fire Hydrant* 2 EA $� a00 r h 21 Crosawalk Drainage System I LS $ $ 22 Relocate Bollard/Post* 10 EA $ t) ✓47 ( - 23 Furnish and Install 8" PVC Water Main System 50 LF $ $ 3uo -- 15, i -_ 24 Signing and Striping 1 LS L7�Z34 )b— TOTAL BASE BID $ ✓ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3.2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. j' This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE I1 ATFL -5063(164) — STATE FUNDED TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (100) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER Title Joseph A. Nanci, President (If an individual, so state, If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 ofP-17 California All -Purpose Acknowledgement State of California ) County of Orn e On_ 9-2-0. V(p _,_beforeme, William E. Ellis, Jr. a Notary Public personally Joseph A. Nanci WILLIAM f ELLIS JR, Commission # 212799 - n Notary Public - California n Orange County My Comm. Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: who proved to me on the basis of satisfactory evidence to be the personN) whose oamekis/are' subscribed to the within instrument and acknowledged to me that be/ 6W4,y executed the same in hisfhcrftheir authorized oapacity(Tea), and that by his/herftheir signaturek on the instrument the personls) or the entity upon behalf of which the personN 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. Notary Public Signature Document Date: Number of Signer(s) Other than Named Above: Capacity(ics) Claimed by Signer(s) ❑ Individual Q Corporate Officer: Q Partner - Q Limited Q General Q Attorney -in -Fact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing: OPTIONAL Q Individual Q Corporate Officer: O Partner - Q Limited Q General Q Attorney -in -Fact Q Trustee 0 Guard -ran or Conservator ❑ Other: Signer is Representing: CITY OF SANTA ANA PROPOSAL PROJECTNO.; 16.6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATFL -5063(164) — STATE FUNDED 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 teat (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, cheek, 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 EBS General Engineering, Inc. Signature of BIDDER Title Joseph A. Nanci, President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 of P-17 California All -Purpose Acknowledgerneut State of California ) County of Orange On moo'( y ---______before me, William H. Ellie Jr. a Notary Public Personally appeared_ _ Joseph A. Nanci WILLIAM E. ELLIS Commission # 2127995 Notary Public - Califprnia Orange County M Comm. Expires Oct 29, 2019 Who proved to me on the basis of satisfactory evidence to be the persons) whose name(Kis/are subscribed to the within instrument and acknowledged to on, that he/ 6heAhey executed the same in his/hcrAheit authorized capacity(ies,), and that by bisftMMteh, signator ft on the instrument the person(„ or the entity upon behalf Of which the person acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Notary Public Seal Notary Public Signature Description of Attached Docutnent Title or Type of Document; Document Date: umber of pages: Signet(s) Other than Named Above: CapacitAles) Claimed by Signer(s) ❑ Individual O Corporate Officer: ❑ Partner - C) Limited ❑General ClAttorney-in-Fact Q Trustee 0 Guardian or Conservator a Other: _ Signer is Representing: _ OPTIONAL D Individual 0 Corporate Officer: G Partner - I.) Limited Q General C) Attorney -in -Fact ❑ Trustee U Guardian or Conservator Q Other: Signer is Representing: Z CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED 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: EBS General Engineering, Inc. Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879 Business E -Mail Address: bids@ebsgeneral.com Telephone: 951-279-6869 State Contractor's License No. and Class: 720016 A License Expiration Date: 3/31/18 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations ('DIR) Registration Expiration Date: ,, s Signed: Title: Joseph A. Nandi President 1000005295 3/31/18 P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED 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 EBS General Engineering Inc. Signature of BIDDER Title Joseph A. Nanci, President (if an individual, so state) P-6 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED 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 matting the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co-panmrehip firm designated as: and who has been and is duly vested with the authority to make end execute instruments for the co -partnership by: who constitute the other members of the cc -partnership. -RfCORPORATION That he is of: EBS General Engineering, Inc, a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the patties making the foregoing proposal as a joint venture, and the ]he/she has been mid 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 Anti or any person interested in the proposed contract, for himself or any other person. '41� Signature of Bidder Joseph A. Nanci, President Subscribed and sworn to before me thi day of P 20 , Signature of officer Administering at (Notary Public) WILLIAM E. ELLIS JR. Commission A 2127998 " : Notary Public " 001110M18Orange County Mg Comm. Expires Oct 23, 2019 P-7 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE 11 ATPL-5063(164) — STATE FUNDED BID BOND BOND ll3—B PREMIUM: NIL KNOW ALL PRESENT that, EBS GENERAL ENGINEERING, INC. as BIDDER, and SURETEC INSURANCE COMPANY as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. TIIE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the planner 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 15TH day of SEPTEMBER —1201.6. 17 p BIDDER* EBS GENERAL ENGINEERING, INC. BY: 1320 E. SIXTH STREET, SUITE 100 1eA, CORONA, CA 92879 _ (951) 279-6869 SURETY* =�.>�"'a/ls�'z _ SURETEC INSURANCE COMPANY BY _----""� 3033 5TH AVENUE, SUITE 300 5 CER FLAKE, ATTORNEY—IN—FACT SAN DIEGO, CA 92103 (619) 400-4100 Subscribed and sworn to before me this day of 20_ Signature: Notary Public in and for the County of State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON ROAD, SUITE 201 ANAHEIM, CA 92807 (714) 921-0530 SPENCER FLAKE, VICE PRESIDENT P-8 of P-17 CALIFORNIA JURAT WITH AFFIANT STATEMENT CLQ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of _ORANGE t_EXIE SHERWCCD -a��, COMM. 112031782 9 -rH •d:'_-� NOTARYPS9LIC .-CALIFORNIA qo ORANGE COUNTY t � Cofnm. Exp. JULY 27, 2017 ti^vvv^vv`v'v"vv'w�v'v'^+^v^v^v"v'v' Signature of Document Signer No. 2 (If any) Subscribed and sworn to (or affirmed) before me on this 15TH day of SEPTEMBER , 20-16—, by Date Month Year (1) SPENCER FLAKE Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person wh appeared b fore me.) Signature Signature of Notary Public Place Nolary Seat Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further DescriptionofAny Attached Document Tltte or Type of Document Dale: Signer(s) Other Than Named Above: Number of Pages; RIGHTTHUMBPRINT'. RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER in 02007 National NotaryAssoclafion•gala De Soto Ave,, P.O. Dox 2402•Chaleworlh, CA 913132402, www.NaborwlNotaryorg aem#5910 Rfwrdor.Ca ITOII-Fmo1-8C68766827 61DIPAI SureTec :insurance Company LIMITED POWER OF ATTORNEY .Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and baying its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and,duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises, Said appointment shall continue in force until _ 5118/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec insurance Company: Be it Resolved,- that tate President, any Vice -President, any Assistant Vice -President, any Secretary or arty Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or mote suitable persons as Attomey(s)-la-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, reeognizancos, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the. Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of my authorized officer and seal of the Company heretofore or hereafter axed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with zespoLt to any bond or undertaking to which it is attached. (Adopted of a meeting held on 20ei of April, 1999.) In Witness R'iiereof, S RETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this ielh day of May AD. 2015 , �aaN"cF SURETEC INSURANCE COMPANY {^L Y By: John ox JF;,y resident State of Texas as: J, County County of Harris '^••^" On this 18th day of May A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above Instrument; that be knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. a, Nel dgCOIJFLYN MAt1lo O J NoleaPupilc state of Texas My comm.nxp.5/isl2otr Jacquelyn Maldonado, Notary VubAc My commission exp -res May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which Is still in full forts and effect; and furthermore, the resolutions of the Board of Directors, set out Irl the Power of Attorney are in full force and effect. Given under my band and the seal of said Company at Houston, Texas this 15TH day ofSEPT` 2016 , A.D. . Brent Beaty; Assistant Secretary Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812.0800 any business day between 8:00 am and 5:00 pm CST. California All -Purpose Acknowledgement State of California ) County of Qrange__ On c-� 2�`t Ce before me, William E, Ellis ,7r, a Notary Public Personally appeared_Joseph A. Nand WILLIAM E. ELLI9 A Commission # 2127998 sn Notary Public - California z Orange County MyComm. E Ire; Oct 28, 2019 who proved to me on the basis of satisfactory evidence to be the persons) whose nameXisJa-subscribed to the within instrument and acknowledged to me that he/ eheAhey executed the same in hiskaWtheir authorized capaoity(60, and that by hisAxaYtheir signatureK on the instrument the persons, or the entity upon behalf of which the personN 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. tom. Notary Public Seal Notary Public Signature Description of Attached Document Title or Type of Document: Document Signer(s) Other than Named Above: Capacity(fes) Claitned by Signer(s) Q Individual Q Corporate Officer: _ Q Partner - Q Limited Q General Q Attorney -in -Fact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing:__ of Pages:__ OPTIONAL Q Individual Q Corporate Officer: Q Partner - Q Limited Q General Q Attorney -in -Fact Q 11•ustee Q Guardian or Conservator Q Other: Signer is Representing: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE I1 ATPL-5063(164) — STATE FUNDED 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: /% ofthe bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/z%u of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). Amount $ BIDDERproposesto subcontract certain portions of the work to the finis listed below: Name �... A �J-t k ®*- Nune #/Exp. License #/Exp. `i i '� License DIR Reg. #/Exp. OOC7GCi tiU DIR Reg. #/Exp. Location o8 C j _ CUh / Location Phone Phone Type Of Work itZ Type Of Work Amount $ j Amount $ Name Name License 9/Exp. License #/Exp. DTR Reg. #/Exp. DIR Reg. #/Exp. License # _ License # Location Location Phone Phone Type Of Work Type Of Work Amount $ Amount $ Name License #/Exp. DIR Reg. 4/Exp. License # Name License #Exp. DIR Reg. 4/Exp. License # Location Location Phone Phone Type Of Work Type Of Amount $ Amount $ _Zzz Signature of Bidder P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATFL -5063(164) — STATE FUNDED REFERENCES The following are the names, addresses, and telephone numbers for TH REE public agencies for which the BIDDER has performed similar work within the past three years. 1. See attached reference sheet Name and Address of Owner. 2. 0 Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Arnount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 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, Culbertson Ins Services - 5500 E. Santa Ana Canyon Rd., Ste 201 Anaheim CA 92807 - Ph; 714-921-0530 Invensure Ins Brokers - 17991 Cowan Irvine CA 92614 (949) 756-4100 P-10 of P-17 3 YEAR REFERENCES — PUBLIC WORKS 1. Project Name Improvements of Livingston Drive Project Address Owner Livingston Dr. between Termino Ave. & 2"0 St. City of Long Beach Contact Phone, Charles Ramey, Chief Inspector (562) 570-6383 Price of Contract Type of Work Dates $1,254,000.00 Street Improvement 8/2012 to 2/2013 2. Project Name 2014/2015 Citywide Curb, Gutter, Sidewalk, Driveway Repairs ProiectAddress Owner Various Locations City of Riverside Principal Contact Phone Secondary Project Contact Danny Cwial<, Construction Project Manager (951) 377-5514 Steve Howard Price of Contract Type of Work Dates $407,628 Curb + Gutter, Ramps 11/2014 to 2/2015 3. ProleCC Sewer Replacement Project Project Address Owner Various Locations City of Fullerton Contact Phone Eric Villagracia, Public Works Dept. (714) 738-6853 Price of Contract Type of Work Dates $998,151.00 Sewer, Curb + Gutter 1/2012 to 2/2013 4. Prole Road Improvement Project Project Address Owner Agate St. and Avenue E City of Redondo Beach Contact Phone Jeff Townsend, Project Manager (310) 318-0661 Price of Contract Type of Work Dates $14,950.00 Ramps, Curb+Gutter 2/2014 3 YEAR REFERENCES - PUBLIC WORKS S. Project Sewer Manhole Surface Repair PH II Project Address Owner Fairview and Newport, City of Costa Mesa Costa Mesa Sanitary District Contact Phone Robin Hamers, District Engineer (949) 548-1192 Price of Contract Type of Work Dates $47,420.00 Manhole Repairs 1/2016 6. Project Annual Concrete Repair FY 2014-15 Project Address Owner Various Locations City of Rancho Santa Margarita Contact Phone E, Maximous, Public Works Director (949) 635-1805 Price of Contract Type of Work Dates $53,550.00 Sidewalk 4/2015 to 5/2015 7. Project Grand Avenue Widening Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $172,000.00 Curb + Gutter, Bus Pad 11/2014 to 9/2015 CI'T'Y OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. See P-10 re and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount 2. Name and. Address of owner. Type of Work Date Completed Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 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. See P-10 P-11 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE 11 ATFL -5063(164) — STATE FUNDED NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract: that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Z Joseph A. Nanci, President State of California ` County Of � vtil� Subscribed and sworn to (or affirmed) before me on this . -o clay of f -'` 200,, by , proved to me on the basis of satisfactory evrtenee to be the person(s) who appeared before me Notary Public Signature " ✓ Notary Public Seal WILLIAM E, ELLIS JR. Commission # 2127996 Notary Public - California Orange County P-1.2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIIr.E TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED 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 recruihnent 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. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE I1 ATPL-5063(164) — STATE FUNDED 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. S. Pursuant to California Labor Code Section 173.5, 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: Joseph A. Nanci, President Firm: EBS General Engineering, Inc. Date: 9/15/16 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-6854 MAPLE B1ICE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California A prenticeship Council. Signed: Z Title: Joseph A. Nanci, President Finn: EBS General Engineering, Inc. Date: P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063 (164) — STATE FUNDED 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: Joseph A. Nanci, President Firm: EBS General Engineering, Inc. Date: 9/15/16 P-16 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIDE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) - STATE FUNDED PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE Lt conformance with Public Contract Code Section 10162, the BEDDER 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 NIZ If the answer is yes, explain the circumstances in the following space. P-17 of P-17 MAYOR Miguel A,Pulido MAYOR PRO TEM Vicente Sormlene COUNCILMEMBERS Angelica Amezcua P. David:Sanavides Michele Martinez Roman Reyna Sal TlneJero August 11, 2016 r^".Qa011 frnnr. CITY OF SANTA ANA 20 Civic Center Plaza • P.O, Sox 1988 M-36 Sanaa Ana, California 92702 (714) 947-6013 m0 SPllW-FLns om SUBJECT. PROJECT NO, 15-68554: Maple Bike Trait Safety Enhancements Phase If ATPL-5063(164) — State Funded CITY MANAQER David Comm CITY ATTORNEY Sonia R, Carvalho CLERK OF THE COUNCIL Maria D. Huizar The following changes have been made to the Contract Documents and Specifications for the subject project: • The Notice Inviting Bids is replaced with the attached pages. All other terms and conditions remain the same. CITY OF SANTA ANA .Edwin "William" Galvez, PE City Engineer Acknowledged by: SANTA ANA CITY COUNCIL. EBS General Engineering, Inc. Migiial. A, rNlda vinemc+'aam lantd Miahalo V8Nnn2 A 19oUFl Amaacros P. N*1 eenaNdea Rom `bwa Sul nnaiino Mawr Mayor Fko'Yom, Wand i We'd 2, Wwd3 WWII Ward a ward6 mnul�rin�eanld.Flne aru ygypligpj9C�r c,�' na ryMOLIn"01ee^ a.nrn ,i�mmez y gnn,,,cyrg !i.LenaivrHx� jy p�W rr,�yp: ' arda•sne arc 6llrinleralffigeRf.O=itlWnp[9 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente sarmlento COUNCILMEMBERc Angelica Amezcua P. David' Benavides -Michele Martinez Roman Rayna Sal 7nnajann September 7, 2016 ADDENDUM No. Two CITE' OF SANTA ASIA 20 Civka Center Plaza I P.O. SOX 1958 M-89 Santa Ane, California 92702 (794)$47.5018 Mvw,aant - n .car SUBJECT, PROJECT NO. 16.6854, Maple Bike Trail Safety Enhancements Phase II ,ATPI_-5068(164) — State Funded CITY MANAGER David Cavazos CITY ATTORNEY Sonia R, Carvalho CLERK Or THE COUNCIL Maria D, Hulzar The following changes have been made to the Contract Documents and Specifications for the subject project. • The bid opening date has been changed as indicated in the Notice Inviting Bids attached, • The CDs will be ready for pick-up at 3:00 pm on Thursday, 910/16. • CDs will also be Fedexed. on Thursday, 9/$/16 to those :contractors who previously requested CDs. All other terms and conditions remain the same. CITY OF SANTA ANA Acknowledged by: EBS General Engineering, Inc. t`--Edwi Willie Ivez, PE City ngineer SANTA ANA CITY COUNCIL Miguel A. PURIM vo m.3armlunlo M10019 Meninez Ard)011�flA3mnzcue P. navld. aeaetdev Nomas Reyna aA 11nn.10o Mrydr mlor'v?a Tem, word Wwtl4 Word WordB Woo 0 r uul'tlafibsa ar r. e�nn entMli xn@Yxn corn mn an�nr:f¢l arinam ors Sanaa awj{i}IWEn- db "tl Rda@sin nne ord rrevnz�%uellla flr� K.1UM31PfiL�IE^.IF:.r211nag �neralengioe�ng, inc. 1820 E. SIXTH, SUITE 100 • CORONA, CA 92879-1700 T0t (951) 279.8889 • FAX: (951) 279.0832 City of Santa Ana e Public Works Agency 20 Civio Center Plaza, M-22 Third Floor Santa Ana CA 92701 27 P'0:439 September 21, 2016; 2 pm SEALED BID FOR Maple Bike Trail Safety Enhancement: Phase II, Project # 16-6854 Exhibit 3 CITY Of SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II 'This CONSTRUCTION CONTRACT is made and entered into this 18`h day of October, 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing guider the Constitution and laws of the State of California, hereinafter referred to as "CITY" and EBS General Engineering, 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 Manle Bike Trail Safety Enhancements Phase II Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following; • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction, 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $552,950.00 — Five Hundred Fifty-two Thousand Nine Hundred Fifty Dollars and no cents , asset forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page I of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT P ROJ ECT NO, 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as maybe deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed, 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. 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. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY, Page 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR. Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY�'iG J X Funk A sistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: By: Page 3 of 3 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-6854: MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II Construction Contract $ 552,950.00 Contract Administration $ 34,146.00 Inspection and Testing $ 48,796.00 Contingencies $ 55,295.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 691,187.00 EXHIBIT 4 THE REGISTER Thls space for filing stamp only 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796-6059 PROOF OF PUBLICATION -- — - ' - -- (2015.5 C.C.P.) _ State of California ) County of ORANGE ) ss Nolice Type: BID- NOTICE INVITING BIDS Ad Description: 16.6854 Maple Bike Trail Phase II I am a citizen of the United States and a resident of the State of California: I am over the age of eighteen years, and not a party to or Interested in the above entitied matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed Is a printed copy, has been published In each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 07/2812016,08/04/2015 Executed on: 08/04/2016 At SANTA ANA,CA I certify (or declare) under penally of perjury that the foregoing is true and correct. i nature Illlllll Ill 111111 Illllllllllll II Illlllllllllll IIII * A 0 0 0 0 0 4 1 7 0 3 6 9 CNS#: 2907151 Recorded In Official Records, Orange County "tih i�'�w ii ism risri NO FEE * $ R 0 0 0 8 7 0 8 2 0 8 20168500101910:30 am 09/22/16 256 304 Z01 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmlento COUNCIL MEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman A. Rayne Sal Tinalero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) PA. BOX 1988 • Santa Ana, California 92702 (714) 667.2700 • Fax (714) 973-1461 w aanta�anaorg NOTICE OF EXEMPTION CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria 0, Hulzar SEP 2 2 2016 HUGH NGUYEN, CLERK•RECOWER BY: DEPUTY From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Maple Bicycle Trail Safety Enh phi l 15-6 Date of Approval: 10/18/2016 Project Number(s): PWA-2016-1183-CIP Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number: ER -2016-117 Project Description: Replacement of curb and gutter, sidewalk, curb ramps and add bulb -outs to provid� safety enhancements. 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 Council Name of Person or Agency Carrying Out Project: Suter, Monica Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: 21 Categorical Exemption: 15301(c) Reasons) Why Project is Exempt From CEQA: 16301(c) consists of renovating exisitng roadway facilities. FILED ORANGE COUNTY CLERK -RECORDER DEPARTMENT aY� G,.�� DEPUTY City Contact: Edgrd A. Torres Telephone: (714)647-5018 �✓/ / Titl®: f1YayI— Date:Signature: SANTA ANA CITY COUNCIL Migdel A. PUIldo Mayor MPilldodDsanla-angora Vlncente Sarmlento Mayor Pro Tem, Ward 1 i VSarmlan1o21santa arta orgj MMarhlneasa Michele Martinez 'i Angellca AmeacUa I P. David Benavides Ward Ward Ward4 to -an na.orci6Amezaiarcasanta-an .pfg,�DBenav'desrrosanta-ana.ora jRisyna2�.�nta-arta Roman Reyna Sal Tinajero Wards Ward ora ST'n,L santa-e VV DEC ]b 201 Exhibit 3 n� CITY OF SANTA ANA 0TWA(e MAPLE BIKE CONTRACT �' PROJECT NO. 16.6854 KE TRAIL SAFETY ENHANCEMENTS PHASE II This CONSTRUCTION CONTRACT is made and entered into this 18th day of October. 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing lander the Constitution and laws of the State of California, hereinafter referred to as "CITY" and EBS General Engineering, 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 Maple Bike Trail Safety Enhancements Phase II Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction, 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $552,950.00 — Five Hundred Fifly-two Thousand Nine Hundred Fifty Dollars and no cents , as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page I of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as maybe deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed, 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. 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. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D.HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY4� J( Funk ASistant City Attorney CITY OF SANTA ANA: DAVID A AZO City Manager RECOMMENDED FOR APPROVAL: Director, Public Works Agency E ral Engineering, Inc. By: ose h A. Nanci Page 3 of 3 President CITX OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 700 CY $ $ 9 COD / 06V 2 Concrete Removal* 20 CY $ ry'y 3 AC Pavement* 100 TN $ $ 3/v - 3/i 4 PCC Sidewall< (4")* 10,000 SF $ $ L 50 �ISQUD 5 PCC Driveway Approach (Commercial = 8")* 500 SP $$ ;^� to — 6 .r- 6 PCC Curb Ramp* 7,200 SF $ $ > �C�U •— s 7 Furnish and Install Truncated Domes 38 EA ${'�o $ '} 8 PCC Curb and Gutter (Type A-2-6)* 200 LF $��^°qq $ Z l -7 9 PCC Curb 6" x 12" (Type A-6)* 1,200 LF $ $ 10 PCC Curb and Gutter (Type B-1)* 1,200 LF $ $ 93, 11 PCC Cross -Gutter (Local Street)* 500 SF $ $ / o — 12 Root Shave* 2 EA $ $ .�^ 500 ""- /, oaL-": 13 Adjust Water Valve Frame and Cover* 2 EA $ $ P-1 of P-17 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED Item Description Qty Unit Unit Price Amount 14 Abandon Gate Valve* 1 EA $ $ 15 Furnish and Install New Water Valve Frame 1 EA $ $ and Cover* 0).®- 16 Adjust Survey Monument to Finished Grade* 2 EA $ $ 17 . Furnish and Install Collapsible Bollard* 24 EA $/ $ vv- �y 18 Furnish and Install Sidewalk Culvert* 2 EA $1 $ 19 Remove Fire Hydrant and Assembly* 2 EA $ $ 20 Furnish and Install New Fire Hydrant* 2 EA $ $ r - wo C� 21 Crosswalk Drainage System 1 LS $n $ UnI . _ 22 RelocateBollard/Post* 10 EA $ 1 $ 12oo Od f L ..n 23 Furnish and Install 8" PVC Water Main System 50 LF $ $ 3v®- Isf 24 Signing and Striping 1 LS $ $ TOTAL BASE BID $fir950 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any), * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard. Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. P-2 of.P-17 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO,: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATFL -5063(164) — STATE FUNDED TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (100) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER Title Joseph A. Nanci, President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 ofP-1.7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 700 CY $ $ � -" D l a) 2 Concrete Removal* 20 CY D- $ 5 rD_ 3 AC Pavement* 100 TN $ 3v— $ 4 PCC Sidewalk (4")* 10,000 SF $ $ 5v YSc��v ` 5 PCC Driveway Approach (Commercial = 8")* 500 SF $ $ l� 6 PCC Curb Ramp* 7,200 SF $ $ �71 6,00 "- r' s 7 Furnish and Install Truncated Domes 38 EA $ $ SSD av 8 PCC Curb and Gutter (Type A-2-6)* 200 LF $^}^^yy $J 9 PCC Curb 6" x 1.2" (Type A-6)* 1,200 LF $ $ / lJ OCL/ 10 PCC Curb and Gutter (Type B-1)* 1,200 LF $ $ tRp .�' G27 11 PCC Cross -Gutter (Local Street)* 500 SF $ $ v — 12 Root Shave* 2 EA $ $ 1 Duo 000 13 Adjust Water Valve Frame and Cover* 2 EA $ $ OD P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED Item Description Qty Unit Unit Price Amount 14 Abandon Gate Valve* 1 EA $ $ rbo 5-00- 15 Furnish and Install New Water Valve Frame I EA $ $ and Cover* c) .-.-- 16 Adjust Survey Monument to Finished Grade* 2 EA $ $ / / 70 .®- 00) ----` 17 Furnish and Install Collapsible Bollard* 24 EA $I $ lio— 0 7 18 Furnish and Install Sidewalk Culvert* 2 EA $ $ 000 ono — 19 Remove Fire Hydrant and Assembly* 2 EA $ $ rJ�' UU f 20 Furnish and Install New Fire Hydrant* 2 EA $ $ l 000 — e . 21 Crosswalk Drainage System 1 LS $ $ V IX" _ 22 Relocate Bollard/Post* 10 EA $ $ o s-- /9 23 Furnish and Install 8" PVC Water Main System 50 LF $ $ 3vo- /5xx)- 24 Signing and Striping 1 LS $ $ TOTAL BASE BID $ �r - The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. P-2 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (100) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER Title Joseph A. Nanci, President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-17 California All -Purpose Acknowledgement State of California } County of Oranges_ On 9-2-0' rb before me, William E. Ellis Jr. a Notary Public Personally appeared__ Joseph A. Nanci 0e WILLIAM E. ELLIS JR. Commission # 2127990 Z Notary Public • California z Z Orange County M Comm. Expires Oct 23, 2019 who proved to me on the basis of satisfactory evidence to be the person(N) whose nameXis/awsubscribed to the within instrument and acknowledged to me that be/ she/they executed the same in hishter/their authorized capacity(ia.,Q, and that by his/herftheir signaturck on the instrument the personK or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws Of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Seal Notary Public Signature Description of Attached Document Title or Type of Document: Document Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual Q Corporate Officer: Q Partner - 0 Limited Q General 0 Attorney -in -Fact 0 Trustee Q Guardian or Conservator 0 Other: Signer is Representing: OPTIONAL Q Individual 0 Corporate Officer: 0 Partner - 0 Limited 0 General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED 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 Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm EBS General Engineering, Inc. Signature of BIDDER Title Joseph A. Nanci, President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 of P-17 California All -Purpose Acknowledgement State of California ) County of Orange On 9- 2-o` (Y before me, William E. Ellis Jr. a Notary Public Personally Joseph A. Nanci WILLIAM E. ELLIS JRA++[( Commission # 2127998 L Z ;gym Notary Public - California z Z 'O Orange County My Comm. Ex fres Oct 23, 2019 �ss�e Notary Public Seal Description of Attached Document Title or Type of Document: Document Signer(s) Other than Named Above: CapacitAies) Claimed by Signer(s) 0 Individual 0 Corporate Officer: 0 Partner - 0 Limited 0 General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/atf subscribed to the within instrument and acknowledged to me that he/ sheAlwy executed the same in hisf tcr/their authorized capacity(les), and that by hisftrerftlteir signature on the instrument the personK or the entity upon behalf of which the personN 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. t!Z. Notary Public Signature Of Pages: OPTIONAL 0 Individual 0 Corporate Officer: 0 Partner - 0 Limited 0 General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED 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: EBS General Engineering, Inc. Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879 Business E -Mail Address: bids@ebsgeneral.com Telephone: 951-279-6869 State Contractor's License No. and Class: License Expiration Date: 3/31/18 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: e 6 Signed: Title: Joseph A. Nanci, President 720016 A 1000005295 3/31/18 P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED 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 EBS General Engineering, Inc. Signature of BIDDER Title Joseph A. Nanci, President (if an individual, so state) P-6 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) J 4 N wf'i , 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 firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of: EBS General Engineering, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been arrd 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 contract, for fffoorrhhimself or any other person. Signature of Bidder Joseph A. Nanci, President Subscribed and sworn to before me thi day ofT 20 G LU4,48 `z! 'k Signature of officer Administering & (Notary Public) WILLIAM E. ELLIS JR. `Cammisslan � 2127999 a w Notary Public • California z z Orange County > My Comm. Expires Oct 23, 2019+ P-7 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE 11 ATPL-5063(164) — STATE FUNDED 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: '/2% 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 s•�I'.4� `J -\-ft Q -t` Name License #/Exp. L�> IfIT-7 License #/Exp. DIR Reg. #/Exp. ozr- 7 /( flu DIR Reg. #/Exp. I Location Phone Phone Type Of Work -r Type Of Work Amount $ 2'i cd 5 Amount $ I2 .,"Im License #/Exp. DIR Reg. 4/Exp. License # Location Phone Type Of Work Amount $ 11F�'iSF- License 9/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ /!( y Signature of Bidder Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ lap M, License 4/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. See attached reference sheet Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. 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. Culbertson Ins Services - 5500 E. Santa Ana Canyon Rd., Ste 201 Anaheim CA 92807 - Ph: 714-921-0530 Invensure Ins Brokers - 17991 Cowan Irvine CA 92614 (949) 756-4100 P-10 ofP-17 3 YEAR REFERENCES - PUBLIC WORKS ct Name wements of Livingston Drive Proiect Address Owner Livingston Dr. between Termino Ave. & 2"d St. City of Long Beach Contact Phone: Charles Ramey, Chief Inspector (562) 570-6383 Price of Contract Type of Work Dates $1,254,000.00 Street Improvement 8/2012 to 2/2013 2. Proiect Name 2014/2015 Citywide Curb, Gutter, Sidewalk, Driveway Repairs Proiect Address Owner Various Locations City of Riverside Principal Contact Phone Secondary Project Contact Danny Cwiak, Construction Project Manager (951) 377-5514 Steve Howard Price of Contract Type of Work Dates $407,628 Curb +Gutter, Ramps 11/2014 to 2/2015 3. Proiect Sewer Replacement Project Proiect Address Owner Various Locations City of Fullerton Contact Phone Eric Villagracia, Public Works Dept. (714) 738-6853 Price of Contract Type of Work Dates $998,151.00 Sewer, Curb + Gutter 1/2012 to 2/2013 4. Proiect Road Improvement Project Proiect Address Owner Agate St. and Avenue E City of Redondo Beach Contact Phone Jeff Townsend, Project Manager (310) 318-0661 Price of Contract Type of Work Dates $14,950.00 Ramps, Curb +Gutter 2/2014 3 YEAR xt r Manhole Surface Repair PH II - PUBLIC WORKS Project Address Owner Fairview and Newport, City of Costa Mesa Costa Mesa Sanitary District Contact Phone Robin Flamers, District Engineer (949) 548-1192 Price of Contract Type of Work Dates $47,420.00 Manhole Repairs 1/2016 6. Project Annual Concrete Repair FY 2014-15 Proiect Address Owner Various Locations City of Rancho Santa Margarita Contact Phone E. Maximous, Public Works Director (949) 635-1805 Price of Contract Type of Work Dates $53,550.00 Sidewalk 4/2015 to 5/2015 7. Project Grand Avenue Widening Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $172,000.00 Curb + Gutter, Bus Pad 11/2014 to 9/2015 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. See P-10 Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. 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. See P-10 P-11 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that malting a false certification may subject the certifier to criminal prosecution. of Signed Joseph A. Nanci, President State of California County of tr4sir Subscribed and sworn to (or affirmed) before me on this l day of c F—, 20J6 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature V / Notary Public Seal WILLIAM E. ELLIS JR. Commission # 2127998 Notary Public • California Orange County P-12 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED 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: —Z Title: Joseph A. Nand, President Firm: EBS General Engineering, Inc. Date: 9/15/16 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council Signed:/i. Hr Title: Joseph A. Nand, President Firm: EBS General Engineering, Inc. Date: P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS 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: Joseph A. Nanci, President Firm: EBS General Engineering, Inc. Date: 9/15/16 P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(164) — STATE FUNDED PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer, of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No 31 If the answer is yes, explain the circumstances in the following space P-17 of P-17 MAYOR Miguel A.Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Raman Reyna Sal Tinajero August 11, 2016 ADDENDUM No. ONE CITY OF SANTA ANA 20 Civic Center Plaza . P,O. Box 1888 M-36 Santa Ana, California 92702 (714)047-5013 wwm SUBJECT: PROJECT NO. 16-6854: Maple Bike Trail Safety Enhancements Phase Il ATPL-5063(164) -- State Funded CITY MANAGER David Cavazos CITY ATTORNEY Sonia R, Carvalho CLERK OF THE COUNCIL Maria D. Hulzar The following changes have been made to the Contract Documents and Specifications for the subject project: • The Notice Inviting Bids is replaced with the attached pages. All other terms and conditions remain the same. CITY OF SANTA ANA Edwin "William" Galvez, PE City Engineer Acknowledged by: SANTA ANA CITY COUNCIL, EBS General Engineering, Inc. M Mier A. Pulido ycmate saervntu WChel9 MaNnaz Angelica A".a, P. M*1000emAns Roman Reyna Sal Tnarera Mayor Mayw Fra Tan, Ward t Ward 2 Werd3 Ward A Ward 5 Wed G mp_p Y Santa-a'A aiJ5anPigntOtf45anIH-8n8 Urd m etl nOz ➢ptlM^anaOro am ry�fl�,9an rtl 2i Ky{ deiYreatidH6 �&nt9-ane dM Nayna y"Uiite EnO ore Lu E mam"I,AdnO.Orq MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMSERS Angelica Amezcua P. David Benavldes Michele Martinez Roman Reyna Sal Tlnajero September 7, 2016 ADDENDUM No. Two CITY OF SANTA ANA 20 avfo center Plaza - P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 6475013 wwwsanta•ana.ora SUBJECT: PROJECT NO. 16-6854: Maple Bike Trail Safety Enhancements Phase 11 ATPL-5063(164)— State Funded CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Hulzar The following changes have been made to the Contract Documents and Specifications for the subject project: The bid opening date has been changed as indicated in the Notice Inviting Bids attached. The CDs will be ready for pick-up at 3:00 pm on Thursday, 918(16. CDs will also be Fedexed on Thursday, 918(16 to those contractors who previously requested CDs. All other terms and conditions remain the same. CITY OF SANTA ANA Acknowledged b : ZZd � Y EBS General Engineering, Inc. r/W--EdwiWillis Ivez, PE City Zgineer SANTA ANA CITY COUNCIL Miguel A. P INF miWnle5arWenlo Michrde M, liaz Angela. Amezcua P. Daeld eazievldes Roman Reyna Sat Tlnajero .Mayor fttayer l'',a Tem, ward t Ward Sam Ward Wards Ward Idoh"'aVass,, M vsermienlnEilsenta-enc nru mmartlnez{ulsania.,@DUldaan��ftampte.,, oO'g Ac aNdes '-t.ditrle revnaNbLaMx-anx.um �Jinayrvr7 ¢?rttm nt7n_gtg BOND 163—B PREMIUM: NIL CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL-5063(1.64) — STATE FUNDED KNOW ALL PRESENT that, EBS GENERAL ENGINEERING, INC, as BIDDER, and SURETEC INSURANCE COMPANY as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 15TH day of SEPTEMBER _'20 16. /9 It BIDDER* EBS GENERAL 1320 E. SIXTH STREET, SUITE 100SeYh CORONA, CA 92879 (951) 279-6869 SURETY* SURETEC INSURANCE COMPANY BY: 3033 5TH AVENUE, SUITE 300 SPENCER FLAKE,"ATTORNEY—IN—FACT SAN DIEGO, CA 92103 (619) 400-4100 Subscribed and sworn to before me this day of ,20_. Signature: Notary Public in and for the County of State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON ROAD, SUITE 201 ANAHEIM, CA 92807 (714) 921-0530 SPENCER FLAKE, VICE PRESIDENT P-8 of P-1.7 CALIFORNIA JURAT WITH AFFIANT STATEMENT EM See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of ORANGE LEXIS SNERWOOD COMM. # 2031782 i`i'�•c. NOTARY PUBLIC eCALIFORNIA ORANGE COUNTY Comm, Exp. JULY 27, 2017 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 15TH day of SEPTEMBER , 2016 by Date Month Year (1) SPENCER FLAKE Name of Signet proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the person wh,9 appeared before me.) Signature lD Signature of Notary Public Place Notary Said Above OPTIONAL Though the information below is not required by law, it may prove 11112=1111111119 UMAdwill_ valuable to persons relying on the document and could prevent Niue fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: y 02007 National Notary Association, 9350 De Soto Ave., P.O. Box 2402 'Chatsworth, CA 91313-2402• www.NationalNotary.oig Item#5910 Reorder Call Toll-Freel-600-976£927 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, aclmowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Pact may do in the premises. Said appointment shall continue in force until _ 5118/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all. bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2061 of April, 1999.) in Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May A.D. 2015 a��AAN„w SURETEC INSURANCE COMPANY `a• •............. fi w; x 9 •. 3 By: wal w n John I ox Jr: resident y rZ State of Texas ss County of Harris •• A"$ On this lath day of May , A.D. 2015 before me personally came John Knox Jr., to me. known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; andthat he signed his name thereto by like order. sw.ow.JACQUELYN MALDONADnn\�Notary Public I / IState of TexasMy Comm. Exp. S/1812017 Jacq&lyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 15TH day of SEPTEMBER 2016 , A.D. . Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. California All -Purpose Acknowledgement State of California ) County of _ Orancre On beforeme, William E. Ellis, Jr. a Notary Public personally Joseph A. Nanci ' WILLIAM E. ELLIS JR. commission # 2127998 &:=d Notary Public - California > Z > Orange County �� Ex ires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: Document Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) Q Individual Q Corporate Officer: Q Partner - Q Limited Q General Q Attorney -in -Fact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the personN) whose nameXis/affsubscribed to the within instrument and acknowledged to me that he/ 61184ey executed the same in hisfhcr/theie authorized capacityoes�, and that by his/herftheir signature on the instrument the personK or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws Of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature of Pages: OPTIONAL Q Individual Q Corporate Officer: Q Partner - O Limited Q General Q Attorney -in -Fact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing: ;general engineering, inc. 1320 E. SIXTH, SUITE 100 • CORONA, CA 92879-1700 Tel: (951) 279-680,9 • FAX: (951) 279-6832 City of Santa Aja Public Worksency 20 Civic Center Plaza, M-22 Third Floor Santa Ana CA 92701 0-16 EP 2 1 Pm1'. 9.