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Home My WebLink AboutNPG, INC. Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder Clerk of the Council,City of Santa Ana IIII II ` IIIII II II III III I1I III IIII II I III NO FEE 20 Civic Center Plaza,P.O.Box 1988 I I II Santa Ana,CA 92702 * $ R 0 0 0 9 1 8 8 8 2 1 $ 20170001429401:40 pm 04/10117 227 409 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY NOTICE OF +COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of SANTIAGO BIKE TRAIL RESURFACING under contract entered into on v o NOVEMBER 15 2016, with NPG, INC., on which contract DEVELOPERS SURETY AND x w INDEMNITY COMPANY is surety. The property on which such work improvement was '40o placed is in the City of Santa Ana, County of Orange, State of California, and described as c w Project No. 16-2667 located at: SANTIAGO BIKE TRAIL. The work improvement on said Q property was accepted as completed on MARCH 24, 2017. .a 0 vCITY OF SAN NA, A MUNICIPAL CORPORATION F z Q Dated: ' l Princi Civil Engineer-Tyrone Chesanek a TITLE p� ------------------------------------- ,-----------------------`----------------------------- VERIFICATION 1, the undersigned, say: I am the City Engineer - Edwin"William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on r`' ( , at Santa Ana, California (Signature of individua swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 16-2667 SANTIAGO BIKE TRAIL RESURFACING NPG Job #: 16593 Exhibit 3 This CONSTRUCTION CONTRACT is made and entered into this 150' day of November, 2016 , by and between the CITY OF SA'NT'A ANA, CA11FORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and NPO 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 maturer and to the satisfaction of the City Engineer of the CITY, the Santiago Bike Trail Resurfacing Project, hereinafter referred to as the "Work of hnprovement" 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 Constriction and which include the following: • Notice Inviting Bids • Infounation 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 stun total amount not to exceed $66.472,00 — Six}y-six Thousand Four Hundred Seventy-two 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. 16-2667 SANTIAGO BIKE TRAIL RESURFACING The BID PROPOSAL contains a schedule of unit price(s) or lamp sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable, 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, 16-2667 SANTIAGO BIKE TRAIL RESURFACING IN WITNESS WHEREOF, the Parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: 9 1 MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY Jolo Funk Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZ6S _ ✓ City Manager RECOMMENDED FOR APPROVAL: Page of 3 Director, Public Works Agency Jeff N President STATE OF COUNTY OF California Riverside CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this )SS certificate is attached, and not the truthfulness, accuracy, or validity of that document. On 12/7/16 before me, Carol Marie Stone , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personfs) whose nameW is/afe subscribed to the within instrument and acknowledged to me that he/sheIthey executed the same in his/henViek authorized capacityHes} and that by his/ heY''he' signature(s) on the instrument the personal, or the entity upon behalf of which the personko acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature M CaroT Marie Stone * Notary Public CAROL MARIE STONE Notary Public - California `a -r Riverside County z Z Commission # 2154181 n This area for official notarial seal OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) ❑ LIMITED ❑ 0 ATTORNEY-IN-FACT TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER Manager SIGNER IS REP TING: of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: City of Santa Ana Contract for Santiago Bike Trail, Contract NUMBER OF PAGES N/A DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE N/A CITY OF SANTA ANA PROPOSAL PROSECTNO,: 16-2667 Exhibit A SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE 111) PROPQ_aL, TO; CITY COUNCIL. OF THE CITY OF SANTA ANA FROM; NPG, 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 solredule, SANTIAGO B1I0 TRAIL BASF BID: Item Description Quantity Unit Uuit Price Amount 1 Mobilization) Domobilization (No more I LS $ 2,442.00 $ 2,442.00 than 5% total bid) *.2 Unclassified Excavation 5 CY $ 546.00 $ 2,730,00 10 'PN $ $ 1,353.00 13,530.00 *4 Pmulsioa,-Aggregate Slatry Seal (Type Il) 28 PLT $ -- 896.00 25,088.00 5 Advertising Const reololl Sig ns 2 EA $ 1,353,00 $ 2,706.00 *6 Root Shave 2 EA $ 1,378.00 $ 2,756.00 L*7 Crack Sealing 500 ---LF $ $ 4.08 2,040.00 TOT.AI, BASF BID $ 51,2.92.00 ADD ALTERNATE ONE BID; *8Siguing and Strlpiug (Waterbased Pint) L$ $13,524.00 $ 13,524,00 P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 16-2667 SANTIAGO BIKE TRAIT, RESURFACING ADDENDUM ONE TOTAL ADD ALTERNATE ONE �BIDV 13,524. A ADD AT,TF.PNATR TWn um. Exhibit A Ilene Description Quantity Unit Unit Price Amount *9 Siguiug axtd Striping (Thermoplastic) 1 LS -$19,044,00 19,044.000 $ 19,044,00 TOTAL ADD ALTERNATE TWO IIID$ 19,044,00 ADD ALTERNATI± THREE BID, X10 Concrete (PCC) Sidewalk ('1'=47) 480 SF 24.85 % 11,928.00 TOTAL ADD ALTERNATE THREE AID $ 11,928.00 ADD ALTERNATE "FOUR AID: X11 ACPaveruant 120 TN $� 242.90 29,148.00 TOTAL ADD ALTERNATE FOUR BID $ 29,148,00 D ALTERNATE IIVE AID: 2 2 x 4 -Redwoodd Ilaader (A Needed) 150 LF $11.04 $ 1,656,00 �_... 1 TOTAL ADD ALTERNATE FIFE BI.D $ 1,656.00 P-2 0fP-17 CIT]' OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE Exhibit A TOTAL ADD ALTERNATE ONE BID 3,524.00 ^ T TOTAL ADD ALTERNATE TWO BID 19,044.00 TOTAL ADD ALTERNATE THREE BID 11,928.00 TOTAL ADD ALTERNATE FOUR BID 8 29,148.00 TOTAL ADD ALTERNATE FIVE BID $ 1,656.00 TOTAL BASE BID 51,292.00 The lowest responsible bidder shall be selected based on the BASE BID Amount, 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, "I'his bid item shall not be Subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual aniouut 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. T1MF I"bK CONFECTION OF IMPROVEMENTS AND LUIDt1 ED DAMAGES The undersigned bidder hereby proposes to conaplete the Work for the total base bid amount shown above, within Thirty-five, 35 work ys lifter the commencement date stated in the Notice to Proceed, The bidder also proposes to commence construction of the Work within ten. (10) days after issuance of a Notice to Proceed, and to continue in a diligent and workman -tike manner without interruption, and to complete the construction thereof within the time speci fled above. The liquidated damages amount; i ieu of the amount specified in Subsection 6-9 of the Standard Specifications, shalllio 0 per calendar clay, Nanta of Firm NPG, Inc. Signature of BIDDER fident Title Tuff Nelson,Pr (If an ittdividual, se state: If a. firm or co -partnership, statethe fret nanie and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and naves of ]'resident, Secretary, Treasurer and Manager, thereof.) NPG, Inc. - Corporation Jeff Nelson, President F-3 of P-17 Sharon Nelson, CPO CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RES URFAC.ING ADDENDUM ONE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: NPG, 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: SANTIAGO BIKE TRAIL BASE BID: Item Desciiption Quantity Untt Unit Price Amount I Mobilization/ Demobilization (No more 1 LS $ 2,442.00 $ 2,442.00 than 5% total bid) *2 Unclassified Excavation 5 CX $ 546.00 $ 2,730.00 *3 AC Pavement 10 TN $ $ 1,353.00 13,530.00 *4 Emulsion -Aggregate Slurry Seal (Type II) _ 28 EL`1' $ $ 896.00 25,088.00 5 Advertising Construction Signs 2 EA $ 1,353.00 $ 2,706.00 *6 Root Shave 2 EA $ 1,378.00 $ 2,756.00 *7 Crack Sealing 500 LF $ $ 4.08 2,040.00 TOTAL BASF, BID $ 51,292.00 ADD ALTERNATE ONE BID: *8 Signing and Striping (Water based Punt) LS $ $ F i 13,524.00 13,524.00 P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE TOTAL ADD ALTERNATE ONE BID $ 13,524.00 ADD AT,TERNATF. TWO RID! Item Description Quantity Unit Unit Price Amount *9 Signing and Striping (Thermoplastic) 1 LS $19,04400 $ 19,044.00 TOTAL ADD ALTERNATE TWO BID $ 19,044.00 ADD ALTERNATE THREE BID: *10 Concrete (PCC) Sidewalk (T=4") 480 SF $ $ 24.85 11,928.00 TOTAL ADD ALTERNATE THREE BID $ 11,928.00 ADD ALTERNATE FOUR BID: *I1 AC Pavement 120 TN $ $ 242.90 29,148.00 TOTAL ADD ALTERNATE FOUR BID $ 29,148.00 ADD ALTERNATE FIVE BID: * 12 2 x 4 Redwood Header (As Needed) 150 LP' $ $ 11.04 1,656.00 TOTAL ADD ALTERNATE FIVE BID $ 1,656.00 P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-2667 SANTIAGO BIKE TRAIL RESURFACING ADDENDUM ONE TOTAL ADD ALTERNATE ONE BID $ 13,524.00 TOTAL ADD ALTERNATE TWO BID $ 19,044.00 TOTAL ADD ALTERNATE THREE BID $ 11,928.00 TOTAL ADD ALTERNATE FOUR BID $ 29,148.00 TOTAL ADD ALTERNATE FIVE BID $ 1,656.00 TOTAL BASE BID $ 51,292.00 The lowest responsible bidder shall be selected based on the BASE BID Amount. 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, 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 Thirty-five (35) working after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within ten (10) days after issuance of a Notice to Proceed, and to continue in a diligent and worlman-like manner without interruption, and to complete the construction thereof within the time specified above, The liquidated damages arnount, ' ieu of the amount specified in Subsection 6-9 of the Standard Specifications, shallbe 0 per calendar clay. ?dame of Firm NPG, Inc. Signature of BIDDER Title Jeff Nelson, Pr ident (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 firvn. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) NPG, Inc. - Corporation Jeff Nelson, President P-3 of P-17 Sharon Nelson, CFO CITY OF SANTA ANA PROPOSAL PROTECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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 cither 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 fiords, 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 tinder penalty of perjury that the foregoing is true and correct. Name of Firm NPG, Inc. Signature of BIDDER Title Jeff Nelson, 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 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside ) accuracy, or validity of that document. On before me, Carol Marie Stone Notary Public, personally appeared Jeff S. Nelson who proved to me on the basis of satisfactory evidence to be the personal whose names) is/are subscribed to the within instrument and acknowledged to me that he/sheltttey executed the same in his/her/their authorized capacity0es), and that by his/ "them signature(s) on the instrument theerson p (s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CAROL MARIE STONE WITNESS my hand and official seal. CARCL MARIE BTCNE Notary Public • California Signature--ARiverside County CXrol Marie Stone * Notary Pu lic Commission # 2154181 %MY Comm. Expires Mav 22.2020 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons r on the documents. INDIVIDUAL CORPORATE OFFICER(S) TITLES) PARTNER(S) ❑ LIMITED 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER Manager SIGNER IS of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: Oo ft S '�VY�QX 1 NUMBER OF PAGES N/A DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE N/A CITE' OF SANTA ANA PROPOSAL PROJECT NO,: 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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 Naine: NPG, Inc. Business Address: PO Box 1515, Perris, CA 92572 Business E -Mail Address: cstone@npgasphalt.com Telephone: (951) 940-0200 State Contractor's License No, and Class: A, B, C-12; 664779 License Expiration Date: 2/28/17 State Dept, of Industrial Relations (DIR) Registration No.: State Dept, of Registration Er Signed: Title: Jeff-l�elson, President 1000002457 (DIR) 6/30/17 P-5 of P-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Riverside ) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On 6 L� before me, Carol Marie Stone , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personjs) whose name(&) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he4their authorized capacity(1e6); and that by his/ her/zrtc�"""e' signature(&) on the instrument the person(&), or the entity upon behalf of which the personal 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 han and official seal. CAROL----- �AROLL MA't E STONE Notary Public • California Signature Q.J g� Riverside County Carol Marie Stone * Notary Public z Commission # 2154181 M Cog, ii iron Ma 22, 2020 r a r c a not ria sea . OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to perso ging on the documents. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) ❑ LIMITED 0 ATTORNEY-IN-FACT TRUSTEE(S) 0 GUARDIAN/CONSERVATO OTHER Manager SIGNER IS R of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES N/A DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE N/A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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. Narne of Finn NPG, Inc. Signature of BIDDER Title Jeff Nelso (if an individual, so P-6 of P-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside ) accuracy, or validity of that document. On O�� `Q before me, Carol Marie Stone Notary Public, personally appeared Jeff S. Nelson who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/4e4their authorized capacity0es} and that by his/ her/their signatureW on the instrument the personf&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CAR IE STONE Notary Public - California Signature fi' (1J +� Riverside County 2 Carol Marie Stone * Notary Public Commission # 2154181 My Comm. Expires May 22, 2020 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons documents. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT El TRUSTEE(S) GUARDIAN/CONSERVATOR 0 OTHER Manager SIGNER IS REP TING: ame of Person or Entity Name of Person or OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES N/A SIGNER(S) OTHER THAN NAMED ABOVE N/A CITE' OF SANTA ANA PROPOSAL PROJECT NO.; 16-2667 SANTIAGO BIKE TRAIL RESURFACING OWNERSHIP AFFIDAVIT STATE. OP CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF S0440POOirtr Perris ) Teff Nelson , 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 and who has been and is duly vest the authority to make and execute instruments for the co -partnership by: „,11-' avh6 constitute the other members of the co -partnership. CORPORATION That he is of'. NPG, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of die parties making the fc been mid is duty vested with the parties making said bid wllo are ,oeaal ii; a joint venture, and the he/she has execute instruments for an an behalf of the that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusig to secure any addvar��against the City of Santa Ana or any person interested in the propg e contraj�va t, for hir f or any other person. Jeff Nelson, President Subscribed and sworn to before me this of Signature of officer Administering Oath (NKary Public) P-7 of P-17 co Jurat A notary public or other officer completing this State of California cei'tfcate vedfles only the identity of the individual who signed the docurnent to which this County of Riverside SS certificate is attached„ and not the truthfulness, accuracy', or vandity of that document Subscribed and sworn to (or affirmed) before me on this '�V day ofSDC )4- 01Uq , by Day Month Year to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. Normy Prrhda SYgrunrrra—Cnro]Mnr le Slmre CAROL MARIE STONE Notary Public • California =� ajb'.,#hfgg,;1p,,C�9unty z Commission # 2154181 ��M Comm. Ez wires Mav 22, 2020 proved CITY OF SANTA ANA BOND #N/A PROPOSAL PREMIUM: NIL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING C � Ceti KNOW ALL PRESENT that, MPG, INC. _ , as BIDDER, and DEVELOPERS SURETY AND INDEMNITY 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 �lfal s, and seal this 30TH day of AUGUST 12016, / 1 BIDDER* NPG, INC. BY: 1354 JET WAY PERRIS, CA 92572 ffS. elsonPresident SURETY* DEVELOPERS SURETY AND INDEMNITY COMPANY BY:1 / _ 500 S. KRAEMER BLVD., SUITE 300 CHARLES . FLAKE, ATTORNEY-IN-FACT BREA, CA 92821 _ (714) 784=5660 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 RD., SUITE 201 ANAHEIM, CA 92807 (714) 921-0530 CHARLES L. FLAKE, PRESIDENT P-8 of P-17 Jurat A notary public or ether officer completing this State of California certificate venlles only the identity of the individual Who signed the document to which this Comity of Riverside SS certificate is attached, and not the truthfulness, accuracv, or validity of that document. Subscribed and sworn to (or affirmed) before me on this 3 ��day of x-')� .2DA by Day Month Year to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. R Notm y RiAdc S�bnramre—Cnrol Mmie Stwre For: �A � ac fA CAROL MARIE STONE Notary Public • California Q'My Riverside Countyz"'jGo�lssloe.*r2154181 Comm. Ep ires May 22. 2020 proved CALIFORNIA JURAT WITH AFFIANT STATEMENT Cid 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 1..,+ti.n..,�.r'v_n..A..n..q...n..h..Ja.h..+y..,M1..ry, L.EXIE SHERWOOD lP ee •.4y,;,:, COMM. # 2031782 NOTARY PUBLIC -CALIFORNIA 0j 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 30TH day of AUGUST _'2016 by Data Month Year (1) CHARLES L. 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 whoappeared bef re me.) Signature I�cGUDa Signal re of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent WON 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: Signers) Other Than Named Above: 02007 National Notary Association, 9350 De Soto Ave., P.O. Box 2402• ChlUavorth, CA 9131&2402•w NationalNotaryoig Item85910 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINF. CA92623 (649) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: '""Jan Moran, David L, Culbertson, Charles L. Flake,. Richard A. Coon, Lexie Sherwood, Spencer Flake, jointly or severally"* as their true and lawful Attornoy(s)-iro Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety. ship gluing and granting unto sold Aftorney(s)-inFact full power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to mese presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any wo of the Chairman of the Board, the President, Executive Vice -President, Senior Vice-Prosident or any Vice President of the corporations be, and that each M them hereby is, authorized to execute this Power of Attorney, qualifying the aQomey(s) named In the Power of Attorney to execute, on behalf of the corporations, bonds, underakings and contracts of suretyship; and that the Secretary or any Assistant Schooley of either of the corporations bo, and each of mem hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cenlfcate bearing such faoslasts signatures shall be valid and binding conn the. corporations when so affixed and in the future with respect to any hoed, undertaking or contract ofsuretyship to which It is attached.' IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by (heir faspactivs off cars and attested by their respective Secretary or Assistant Secretary [[its November 21, 2013. By GT✓la!/, OZC __ ,,,;�Kt„sNoi,1o�n� r0cfno, pANvg paniel Young,Sen//tor Vice-Praeidont s 46"(6.6p0Ag1',,.dA -11 OOT h;c By: !!��="'-"...... ____.__°u' t i A 3 8 - Mark J. Lansdon Vice -President syi%,sq"�'x - State of California ..01.,e' Comity of Orange On ____.........__Navembar2l 2013._., .........,_ before me,__ ............. ......... ......_,__ Atltonio Alyarade Notary Data Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark J. Lansdon Names) of Signore) who proved to me on the basis of satisfactory evidence to be file persons) whose namo(s) islare aubscrihed to _ the within instrument and acknowledged to me that hefOurtihey executed the same 61 hlslherhimirsurnmized depoclry(iea), and that by hiamerlthelr signature(s) on the Instrument the personte), or the entity upon behalf of ANTONIOALVARADO which the persons) acted, executed the Instrument. comm. # 2td33.a certify under PENALTY OF PERJURY under the laws aftha Stale of California that the foregoing Paragraph is all1'8WNtlfil;IC CAilPolil + true and correct. (�hNt C,C)I,INYY ..ppf1 pgyLronxri. explre»Aug. 3017 al WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby cedffy that the foregoing Power ofAttorney remains In full Tome and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards cr0irisques of said corporations set forth In the Power ofAttorney am in force as of the date of this Corrode - This Certificate is executed in the City of Irvine, California. this 3 0th day of August , 2016, - Cassis d Borrisfore; Assistant Secretary .IO.7380{Rev.11113) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIDE TRAIL RESURFACING 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: Ya% of the bid or $10,000, whichever is greater o Buildings, parks, or other prgj ects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name All American Asphalt License #/Exp, 267073,2/28/17 DIR Reg.#/Exp. 1000001051,6/30/17 Location Corona, CA Phone (951) 736-7600 Phone (909)884-7170 Type Of Work Slurry Seal Amount$ $13,972.00 Name _ License #/Exp. DTR Reg. #/Exp. License Location. Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Ul' lYgrk Amount $/ of Bidder Jeff Nelson, President Name Cal Stripe License #./Exp. 685387.1/31/18 DIR Reg.#/Exp. 1000001100,6/30/17 Location Colton, CA Phone (909)884-7170 Type Of Work Striping Amount $ _ Dependant on Alternate Selected 1: $ 7,000.00 Name 2 $ 10,000.00 License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License DIR Reg, #/Exp. License # Location Phone Type Of Work Amount $ P-9 of P-17 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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. County of San Diego, Parks & Rec, 4477 Pacific Coast Hwy, San Diego, CA 92110 Name and Address of Owner. Casey Wear, (619) 688-3336 Name and Telephone Number of person familiar with project. $47,680.00 State Beach Parking Lot 7/25/16 Contract Amount Type of Work Date Completed 2. City of San Bernardino, 234 S. Mountain View, San Bernardino, CA 92418 Name and Address of owner. Ed Kelley, (909) 384-504 Name and Telephone Nun $166,962.75 Contract Amount person ect. On Call Street Repair 7/18/16 Type of Work Date Completed 3, County of Riverside, 3133 Mission Inn Ave, Riverside, CA 92507 Name and Address of owner. Gregory Claflin,(951) 955-7988 Name and Telephone Number of person familiar with project. $ 79,900.00 Road Repairs 6/22/16 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. Developers Surety & Indemnity Company of California, (949)263-3300 17771 Cowan Ave, #100, Irvine, CA 92614 Culbertson Insurance Services, (714)921-0530 5500 E. Santa Ana Canyon Road, #201, Anaheim, CA 92807 P-10 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 16-2667 SANTIAGO BIDE TRAIL RESURFACING ADDITIONAL REFERENCES The following are the names, addresses, mid telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past 5 years. 1. University of California, Riverside, 3401 Watkins Drive, Riverside, CA 92521 Name and Address of Owner. Drew Hecht, (951) 990-8307 Name and Telephone Number of person familiar with project. $99,057.47 Asphalt Repairs, Lot 21 7/28/16 Contract Amorrnt Type of Work Date Completed 2, Rancho California Water District, PO Box 9017, Temecula, CA 92589 Name and Address of owner. Tim Carlisle, (951) 296-6900 Name and Telephone Number of person familiar with project. 340,303.75 Asphalt Repairs 3/18/14 Contract Amount Type of Work Date Completed 3, University of California, Irvine, 200 Public Services Blvd, Irvine, CA 92697 Name and Address of owner. Rick Azavala,(949)824-0023 Name and Telephone Number of person familiar with project. $95,800.00 Street Repairs 10/30/15 Contract Amount Type of Worlc Date Completed The following are the names, addresses, and telephone numbers of all brokers and srueties from whom BIDDER intends to procure insurance and bonds. Developers Surety & Indemnity Company of California, (949)263-3300 17771 Cowan Ave, #100, Irvine, CA 92614 Culbertson Insurance Services, (714)921-0530 5500 E. Santa Ana Canyon Road, #201, Anaheim, CA 92807 P-11 of P-17 L IpColo .. ASPHALT 2016 Public Works References County of San Diego, Parks & Recreation Contact: Casey Wear 4477 Pacific Coast Highway Start: 04/01/16 San Diego, CA 92110 Finish: 07/25/16 (619) 688-3336 Amount: $ 47,680.00 Project: Cardiff State Beach City of San Bernardino Contact: Ed Kelley 234 S. Mt. View Start: 09/29/15 San Bernardino, CA 92418 Finish: 07/18/16 (909) 384-5045 Amount: $ 166,962.75 Project: On Call Street Repairs University of California, Riverside Contact: Drew Hecht 3401 Watkins Drive Start: 06/09/16 Riverside, CA 92521 Finish: 07/28/15 (951) 990-83007 Amount: $ 99,057.47 Project: Lot 21 Repairs Rancho California Water District Contact: Tim Carlisle PO Box 9017 Start: 02/24/16 Temecula, CA 92589 Finish: 04/11/16 (951) 296-6900 Amount: $ 8,185.00 Project: Washington Avenue Manholes County of Riverside Contact: Gregory Claflin 3133 Mission Inn Ave Start: 05/12/16 Riverside, CA 92507 Finish: 06/22/16 (951) 955-7988 Amount: $ 79,900.00 Project: Ben Clark Training Center 2015 Public Works References County of San Bernardino Contact: JessSaldana 825 E. V Street, #207 Start: 08/18/15 San Bernardino, CA 92415 Finish: 10/01/15 (909) 338-2140 Amount: $ 271,149.00 Project: North Drive & SH 189, Crestline, CA City of San Bernardino Contact: Ed Kelley 234 S. Mt. View Start: 08/25/15 San Bernardino, CA 92418 Finish: 06/03/16 (909) 384-5045 Amount: $ 372,223.27 Project: Cajon Blvd Street Improvements University of California, Irvine Contact: Rick Azavala 200 Public Services Blvd Start: 09/18/15 Irvine, CA 92697 Finish: 10/30/15 (949) 824-0023 Amount: $ 95,800.00 Project: Anteater Drive Improvements City of Lake Elsinore Contact: Miz Beltran 130 S. Main Street Start: 10/22/15 Lake Elsinore, CA 92530 Finish: 02/09/16 (951) 674-3124 Amount: $ 15,266.25 Project: Annual Crack Seal & Pothole Repairs County of Riverside Contact: Joe Angelone PO Box 1605 Start: 10/11/15 Riverside, CA 92502 Finish: 02/16/16 (951) 955-7989 Amount: $ 49,700.48 Project: Eddie Dee Smith Senior Center Improvement CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-2667 SANTIAGO BIKE TRAIL RESURFACING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, comlived or agreed with any BIDDER or anyone else to put in a shah bid, or that anyone shall refrain frorn bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are tare; 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 abo7 Nc -collusion Affidavit is part of the Proposal. Signing this Proposal on the signatFe p9ttion thereof shall also constitute signature of this Non -collusion Affidavit.�DD S are rtioned that making a false certification may subject the certifier to rrm' ,1 yr euti n, Signed President State of California County of Riverside Subscribed and sworn to (or affrrnned) proved to person(s) who appeared before nne E on this day of the basis of satisfactory Notary Public Signature Notary Public Seal P-12 of P-17 20_, by evidence to be the Jurat A. notary public or other officer completing this State of California certificate ver"riles only the ldenftty of the individual who s[gned the document to which this County of Riverside 3S certificate is attached, and not the truthfulness, accuracv, or valldlty of that document- ---?% ) �l-da ofPVQO�� as\S, by Subscribed and sworn to or affirmed before me on this y Day Montle Year to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. Nmmy Pu6Ne Signa/ure —Cmol Admie Slnna For: NM-- l mlu,5,kOy-) CMARIE STONE -1 NotaryaryPublic • California I%FM Riverside CountyC aj�q,�n9� 2154181 oda T,i[resMa 22,2020 proved CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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 employrnent because of race, color, religion, sex, or national origin. The Contractor shalt 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 fo ther 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,: 162667 SANTIAGO BIDE TRAIL RESURFACING 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 yus, or sex of such persons, except as provided in Section 1420, and any contractor of pu fiic orks violating this Section is subject to all the penalties imposed for a violation cf thX ter, Signed: Title: Finn: NPG, Inc. Date: 8/31/16 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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 jomneymen stipulated in the apprenticeship standards, 3. Contribute to the fund or fields in each craft or trade in which he/she employs journeymen or apprentices on tft lie work, in the same amount or upon the same basis and in the same manner as the ontraetors, except contractors not signatory to the trust agreement shall pay a Ince amoe ifornia Apprenticeship Council. Signed: r Title: Jeff Neson, President Firm: NPG, Inc. Date: 8/31/16 P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIDE TRAIL RESURFACING 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 De ent of Labor regulations (29 CFR, Part 3), This act provides that each contractor or sub on ctor shall be prohibited from inducing, by any means, any person employed in the conyy5�� I ct' n or repair of public work, to give tip any part of the compensation to which he/she is othrwis entitled. Signed: I I z I - Title: Jeff Nelson, President Firm: NPG, Inc. Date: 8/31/16 P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2667 SANTIAGO BIKE TRAIL RESURFACING 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 govenmlent project because of a violation of law or a safety regulation? Yes No V 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 Sarmonm COUNCILMEMBERS Angelica Amazcua P. David Benavides Michele Martinez Roman Reyna Sal Tinaf ero August 29, 2016 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-36 Santa Ana, California. 92702 (714)847-6013 www.Slja ana.org ADDENDUM ONE SUBJECT: PROJECT NO. 16-2667: SANTIAGO BIKE TRAIL RESURFACING CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar The following changes/clarifications have been made to the specifications of the subject project: 1. 7-12 ADVERTISING Page 155; 3RD Paragraph Payment for project signs shall be included in other items of work involved and no additional payment shall be allowed therefore. REPLACE WITH: Payment for project signs shall be at the contract unit price in Bid Item No. 5. 2. DEFINITION OF BID ITEMS Page 1 of 3, Bid Item No. 3- Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete shall be at the contract unit price bid per extra long ton listed in the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools and incidentals as required and no additional compensation will be allowed therefore. 1 74awT604TIT 11110 Payment for Asphalt Concrete shall be at the contract unit price bid per ton listed in the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools and incidentals as required and no additional compensation will be allowed therefore. 1 of 3 SANTA ANA CITY COUNCIL Miguel A. Pulido Vicente &I m wto MicheleAngelica Amauao P David Gena ides Renwn Reyna Sal Is.". t Mayor Pro Tem Wardi we'd � � WaId3 I Y2rda I Naedh I WardG m uu Itdn(asanta m wQg t vseYmlar o}.IS . AdiiR j$_°� =_X j ,4a A.LS'� lJ�'6 {II?ynPgyf (A .f 1A. ;.um. +*.evnaf' vxaurs;.a'.T Stlaniero(iuSpntnagm,411 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMSERS Angelica Amezcua P. David Benavidea Michele Martinez Roman Reyna Sal Tlnalaro CITY OF SAMA ANA 20 Civic Center Plaza e P.O. Box 1988 M-36 Santa Ana, California 92702 (714)64"7.5013 AW—W SA CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar DEFINITION OF BID ITEMS Page 2 of 3, Bid Item No. 4 -- Emulsion -Aggregate Slurry (Type II -CSS -1h -EAS) Payment for Emulsion -Aggregate Slurry (Type 11 -CSS -1 h -EAS), shall be at the contract unit price bid per ton listed in the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. REPLACE WITH: Payment for Emulsion -Aggregate Slurry (Type II -CSS -1 h -EAS), shalt be at the contract unit price bid per extra long ton listed in the Bid Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore, 4. DEFINITION OF BID ITEMS Page 2 of 3, Bid item No. 7 — Crack Sealing Payment for Crack Sealing shall be at the contract lump sum bid listed in the Bid Proposal, and shall include full compensation for furnishing all materials, labor, equipment, tools, and Incidentals as required and no additional compensation will be allowed therefore. REPLACE WITH: Payment for Crack Sealing shall be at the contract lump sum unit price bid linear feet listed in the Bid Proposal, and shall include full compensation for furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Page 2 of 3, Bid Item No. 8 — Signing & Striping (Oil Based Paint) Payment for Signing & Striping with oil base paint shall be at the contract lump sum bid listed in the Bid Proposal, and shall include full compensation for furnishing all materials, labor, equipment, tools, disposal of all removed materials, and incidentals as required and no additional compensation will be allowed therefore. 2 of SANTA ANA CITY COUNCIL Miguel A Polido viwnlea.m [. WholeM14dtlrr.+s Mgellea Amesua P. OoNd Uo,,.hrs Romen Reyna Sal nnapro Mayor Maya,P Tem.Werd9 WSM2 Wale Ward4 ftmS I Ward6 mpuli,sen vze,mlunrorasarvh5-aaae ',rtYax nnxaara ore aamezr,m tlCenavldez ___._ zzn a-3 I rrek: zanta..}!ia.o,R i stlg,der Wa,dte-ana.gy MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente sarmiento COUNCILMEMBERS Angelica Ammon P. Daviel Benavides Michele Martinez Roman Reyna Sal Tinaiero REPLACE WITH: C171 -"T -'OF SANTA ANA 20 Civic Center Plaza ® P.O. Bax 1988 M-36 Santa Ana, California 92702 (714)647-5013 VAAian41-ana.0r9 Page 2 of 3, Bid Item No. 8 -- Signing & Striping (Water Based Paint) CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D, Hulzar Payment for Signing & Striping with water base paint shall be at the contract lump sum bid listed in the Bid Proposal, and shall include full compensation for furnishing all materials, labor, equipment, tools, disposal of all removed materials, and incidentals as required and no additional compensation will be allowed therefore. ATTACHEMENTS, Bid Proposal — 3 pages (P-1 to P-3 of P-17) Mandatory Job Walk attending sheet —1 page FOR THE CITY OF SANTA ANA }. f d—w-7tr iIIiam ez, P. E. City Engineer 3of3 Sal Tina)ern 'Nord 6 3lkmfCPA5GJ4Pnid Ynn.om I SANTA ANA CITY COUNCIL Mpol A.P raha Vhovz,W savwwta Michele Vdao`aa Angelica Amevsua l P. David RenaWdasl Roman Reyna May., NAyW Pier Tgm, Ward t Word 2 Werd 3 Wn,d 4 Wel rd s �PYLdo sunt'. p�-Szssrn»irm¢u£6sahrvx my m' Somoom'Lg, ^3 °�sR nmecunRJsa Raa�;.og {Ibanaridn3RSsnmpanx cwrz I I n !�]�xtln 401 \ \ \ § - ` J fA» 3 9 :>2 ° � \ � } / \ ( / ` 6 z \ f /�< $ ^ \ « \ \ \ § `�.�°"� CERTIFICATE OF LIABILITY INSURANCE DATE iINSR McII /121201YY) 01/12/2015 ' RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES F93,ELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the e holder in lie Crosby Insurance, Inc 8181 E. Kaiser Blvd Anaheim H Hills, CA 92808 John Sheffield CONT NAMEACT John Sheffield PHONE 714-221-5255 (AIC Na Extl' No No714-221-5210 _ DRE D ASS: ADDRESS _ cusTOMERIon NPGCO-J INSURER(S) AFFORDING COVERAGE NgICd INSURERA:lronshore Special Ins Co _ INSURED &GraNPG, Inc., aka: Nelson Paving Produdi g, Goldstar Asphalt cts INSURER R: General Ins Co of America INSURER C: Liberty Ins Underwriters P.O. Box 1515 INSURER D:ICW Group Perris, CA 92572 INSURER E : F PERSONALBApV INJURY INSURER F: -- a.�rt i Irw,v I t rvunl rstrc: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE RFFN RI'm lcFn nY PAIn cl Alnnc !LTR TYPE OF INSURANCE iINSR McII POLICY NUMBER POLICY Err F MMIDD/YYY POLICY EXP MMIODIYYYY LIMITS A G ENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY II !CLAIMS -MAGE J. jOCCUR —,, I IAGS0058702 11/15/2015111/15/2016 !EACH OCCURRENCE 5 1,000,000 RNTED DAMAGE T%.E PREMISES occurrence $ 50,000 MED EXP (Any one person) $ $,OOO PERSONALBApV INJURY S 1,000,000 -- GENERAL AGGREGATE s 2,000,00 - .. GEML AGGREGATE LIMIT APPLIES PER: Ra- LOU POLICV R PIFC AUTOMOBILE LIABILITY I x I ANY AUTO ALL OWNED Autos _ SCHEDULED AUTOS X HIRED AUTOS NON -OWNED AUTOS ;_X Hired Phys Darn UMBRELLA LIAR L� OCCUR X EXCESS LIAR _X CLAIMS -MADE! —I B(Ea I ., I I j I 1 1100002437206 24 -CC -206754-9 (INCL PHYSICAL DAMAGE $50,000 MAXIMUM LIMIT F 11/15/2015. F I N115/2015 I 11/15/2016 I 11/1512016. LPRODUCTs- COMP/OP AGO $ 2,000,000 I COMBINED SINGLE LIMIT accident) $ $ 1,000,000 I BODILY INJURY(P., person) _ 3 BO0I LYINUURY(Par accideni)I I $ PROPERTYDAMAGE (PER ACCIDENT) 3 Comprehensive 15 $1,000 de FCollision EACH OCCURRENCE - $ $1,000 de $ 5,000,00 AGGREGATE $ 5,000,000 __. I FDEDUCTIBLE RETENTION 5 (EQUIPMENT iFROM WORKERS PLOYERCOMPENSATION I YIN I AND ROPRIEERS'LIRTNEFY ANY PROPRIETORI EXCLUDED' O Mandatory in km EXCLUDED? ❑ ,NIA (MantlatoryinNH) I If yes, describe under DESCRIPTION OFOPERATIONS below RENTED OTHERS I WVE5028828 01 24 -CC -103652-1 01(01/2016101/01/201]IF 11/15/201511 I— FEL it 15120161 IDed X I WCSTATU- 0TH-' TQ YLIMITG. ER EACH ACCIDENT _EL DISEASE - Eq EMPLOYEE _ $ 1,000,00 $ 1,000,00 _ DISEASE -POLICY LIMIT 3 1,000,000 Limit 500,000 1,000 ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) If cancelled for non-payment of premium only 10 days notice will be given, reyqired by written contract, Additional Insured (General and Auto lability) Primary and Non -Contributing (General Liability) and Waiver of ubro aiion (General and Auto Liability and Workers Compensation) can apply. ew t',�o nstruction exclusion apply. Excess Policyfollows Orm. CERTIFICATE HOLDER CANCELLATION FORINFO For Information Purposes Only -specific certificates can be SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Issued upon request- AUTHORIZED REPRESENTATIVE J.% C0 1988-2009 ACORD CORPORATION. All rights reserved. CORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ® ¢ c N O \m�m V •. i F• CF I'H• O• m OT N `VT C) W 9 Qi• �+ m r c o o m � o O d J 0 Q m x w 9. N /q o VI • J Q Cn m BOND 11380800P CITY OF SANTA ANA PREMIUM $1,329 BONDS PROJECT NO.: 16-2667 SANTIAGO BIKE RESURFACING FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that NPG, INC. as CONTRACTOR, and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of SIXTY SIX THOUSAND FOUR HUNDRED SEVENTY-TWO AND NO/100 Dollars ($ 66, 472.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated NOVEMBER 15. 2016 for PROJECT NO. 16-2667; SANTIAGO BIKE RESURFACING , if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles an#s, and seal this 17TH day of CONTRACTOR* SURETY* NOVEMBER 12016 PERRIS, CA 92572 (951) 940-0200 Subscribed and swom to before me, 20 Signature: this day of Notary Public in and for the County of State of , Rate of premium on this bond is $ 20.00 per thousand. Total amount of premium charge is $ 1,329 . To be filled in by Surety *Provide CONTRACTOR I ADMITTED 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 RD., #201 ANAHEIM, CA 92807 (714) 921-0530 SPENCER FLAKE, VICE PRESIDENT I of 3 FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside ) accuracy, or validity of that document. On 12/7/16 before me, Carol Marie Stone , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the r authorized capacity()es} and that by his/-her/their signature(&) on the instrument the person{&), or the entity upon behalf of which the person(O 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 CAROL MARIE STONE •r Notary Public • California Signature/ i Riverside County ZZ Carol Marie Stone * Notary Public z Commission # 2154181 My Comm. Expires May 22, 2020 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying o he documents. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) ❑ LIMITED ENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) L GUARDIAN/CO OR 0 OTHE- ger SIGNER 1S REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: City of Santa Ana Contract for Santiago Bike Trail, Performance Bond NUMBER OF PAGES N/A DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE N/A CALIFORNIA JURAT WITH AFFIANT STATEMENT LM 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 LEXIES EH RWOOD v _3'.?•. COMM. ff 2031782 (D o"" . NOTARY PUBLIC ®CALIFORNIA ORA ECOUNTY n Comm. Exp. JULY 27, 2017 v Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 17TH day of NOVEMBER 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 Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature l �i LGty-egeeC Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent M. .13, 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: 02007 National Notary Association, 9350 De Soto Ave., P.O. Box 2402 •Chatsvmft. CA 91313-2402• w .NationalNotary.org Item #5910 Reorder: Call Toll -Free 1.800.8766827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 18725, IRVINE, CA 92623, (949) 263-3306 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoinC "'Jan Moran, David I Culbertson, Charles I Flake,, Richard A. Coon, Lexie Sherwood, Spencer Flake, jointly or severally`*' as their true and lawful Aftomey(s)-inPact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship gluing and granting unto said Ahorney(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the alas of said ARomey(shin-Fact, pursuant to mese presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the fallowing resolutions adapted by the respective Boards of Effectors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, agentive as of January 1st, 2008, RESOLVED that a combination of ally Me of the Chairman of the Board, the President. Executive Vice Prasiden4 Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power ofAttamoy, qualifying the altemoy(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to affect the execution of any such Power of Attorney; - RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cafficale marling thereto by facsimile, and any such Power of Attorney or conifrste, bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURELY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA [lava severally caused these presents to be signed by their respective officers and attested by their respective Saoratary orAseistent Secretary this November 21, 2013. Also u,. By ANp Ado " roof, 1, g ant ye SJR,"OdLrl of �iy UwOTBy_._._10 Tbh Mad; J. Lansdon, Vice•President �o°•.+. ti State of California County of Orange Dn—____ Novamber2l 2013 , before me, __, -_.. _..,.,,.,,.,. Arftonio_Alvaiado NQtaary Public__,___ .....__. _.._ - Date Here inset Name and Title of the Officer personally appeared �- Daniel Yougg and Nark J. Lansdon Name(e) of Signer(s) who proved to one on the basis of satisfactory evidence to be the peraoo(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/sheAhoy executed the same In hislherltheir authorized oapacity(ios), and that by hisrhorlihair signatures) on the instrument the porson(s), or the entity open behalf of AN�yT�ONIO ALWMhARADO which the sardonic) acted, executed the instrument 5� W Lf. # GMFO i certify under PENALTY OF PERJURY under the laws chins State of California that no foregahg paragraph Is �.YiARVHUEt{�I(%C,AUFISI$N9A CRAN09COUNVY hue and carmct. -^^r,, GPJ7xmm�,sxoomA Bk$,MNIr 11 WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby codify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards or Directors of said wrporah'cns set forth in the Power of Atfornoy aro in force as cf the date of this Certificate. - This Certlfiwle is executed in the City of [Nino, California, this 17th dayof November, 2015 - By bar-y'i.(r_ _ .................__— " `�"^��-' Cassle,l. Borrisfor distant Secretary .IE,13001Rev.11l73) CITY OF SANTA ANA BONDS PROJECT NO.: 16-2667 SANTIAGO BIKE RESURFACING PAYMENT BOND BOND 11380800P PREMIUM: INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that NPG, INC. as CONTRACTOR, and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation, organized and existing under the laws of the State, and duly authorized to transact business wider the laws of the State of California, as SURETY, are held and firmly bound wrto the City of Santa Ana, as AGENCY, in the penal sum of SIXTY SIX THOUSAND FOUR HUNDRED SEVENTY-TWO AND NO/100 Dollars ($ 66, 472.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated NOVEMBER 15, 2016 for PROJECT NO. 16-2667• SANTIAGO BIKE RESURFACING if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hand and seal this 17TH day of NOVEMBER _'2016 CONTRACTOR* SURETY* 1354 JET WAY PERRIS, CA 92572 INDEMNITY COMPANY S. KRAEMER BLVD., 11300 BY: IN -FACT Subscribed and sworn to before me, 20 Signature: Notary Public in and for the County of State of this day of Rate of premium on this bond is $ 20.00 per thousand. Total amount of premium charge is $ 1,329 . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD., 11201, ANAHEIM, CA 92807, (714) 921-0530 SPENCER FLAKE, VICE PRESIDENT 2of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this STATE OF California )SS certificate is attached, and not the truthfulness, COUNTY OF Riverside ) accuracy, or validity of that document. On 12/7/16 before me, Carol Marie Stone , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/shy executed the same in hisf4erAker authorized capacity(-ies , and that by his/hpr4" signatures) on the instrument the person(o, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handnd official seal. Signature Caro Marie Stone * Notary Public CAROL MARIE STONE Notary Public - California " i - Riverside County Z Z Commission # 2154181 My Comm. Expires May 22, 2020 This area for official notarial seal OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons documents. 0 INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) ❑ LIMITED ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER Manager SIGNER IS REPR NTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: City of Santa Ana Contract for Santiago Bike Trail, Payment Bond NUMBER OF PAGES N/A DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE N/A CALIFORNIA JURAT WITH AFFIANT STATEMENT [I 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 m fDS U •, 1wr' -1782 E 0 .","a. ALIFORNIA G7 "�NTY 27, 2017 Signature of Document Signer No.2 (if any) Subscribed and sworn to (or affirmed) before me on this 17TH day of NOVEMBER _20 16 , by Data Month Year (1) SPENCER FLARE Name of Signer 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 who appeared before me.) Signatures aL7�o� Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent We 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: Signers) Other Than Named Above: 02007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 1 Chatsworth, CA 91313-2402• www.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1.800-876.6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92523 (049) 263-3300 KNOW ALI. BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint. "*"Jan Moran, David L. Culbertson, Charles L. Flake,_ Richard A, Coon, Lexie Sherwood, Spencer Flake, jointly or severally`*' as their true and lawful Attomoy(d-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts N surety ship giving and granting unto said Adcansy(s)-in Fact full power and authority to do and to perforin every act necessary, requisite or proper to be done in connection therewith as each of slid oorporatlons could do, but reserving to each of said corporations full power of subefitudon slid revocation, and all of the ants of sold ARorneY(a)an-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power efAitorney Is grommed and is signed by facsimile under and by authority of the following resokdiona adapted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January let, 2008, RESOLVED. that a combination of any two of the chairman of the Board, the President, Executive Vico-President, Senior Vice -President or any Vice President of the corporafions be, and that each of them hereby Is, authorized M execute this Power of Attorney, qualifying the attomey(s) named in the Power ofAhorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations bo, and each of mem hereby is, authentr d to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cerllficate bearing such facsimile signatures shall be valid and b'mding upon the corporations when so affixed and in the future with respect to any bond, undertaking or Contrast of Swohollip to which ills attached.' IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary ot-Assishant Secretary (his November 21, 2013. o�"KY hNby PANy DAOlal Youn `Senior Vica-President . . .... " N�6`'"• bM OT wz C10 Va,p „Za OGT.5 mOr T By !/....... _ :..... 4cy: 1990 ?pea' W 1867 e, Mark J, Lansdon, Vice -President State of California County of Orange On___.._...__Navemt,er212013,,,,.......... _ before Ile ._...... _........_....... ... Antonio Alvarado, „Notary Public_,__, Dale Hero Insert Name and Title of the Officer personally appeared Daniel Young and Mark J. Lansdon Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the petson(s) whose re me(s) eare suldoehed to the within Instrument and acknowledged to me that halshe/they executed the same in hisTerllholr authorized uapaclty(ies), and that by his/horArnar sig vatim(s) on the instrument the perennial, or the entity upon behalf of which the resents) acted, executed the instrument, I carry under PENALTY OF PERJURY under the laws orthe State of California that the foregoing paragraph Is true and correct, WITNESS my hand and official seat64� Signature _ Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Someday, or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby codify that the foregoing Power ofAttomey remains in full force and has not been rowked and, furthermore, that the provisions of the resolutions of the respective Boards ofDirootord of sold corporallons set drop in the Power of Attorney are in force as of the date of this Certiflcale, This Cedificate, is executed in Iho City of Irvine, California, this 17th dayof November, 2016' ' Cassie,l. Barrister , sistanl Secretary .ID,1300(Rov.11l13) §% . =\g.. J 2=£® j\\\\ %j/«.... §\/\ \oz \ C14