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HomeMy WebLinkAboutEBS GENERAL ENGINEERING, INC. (6) 140 Recording-Requested By, And When Recorded.Mail To: Recorded i1 Official Records,Orange County Clerk of the Council,City of Santa Ana Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza,P.O.Box 19$8 � IIII I� I llll IIIII III ; I I Santa Ana,CA 92702 I �I III II I�1III( II NO . R tt 0 1 1 5 1 2. 2 9 G $ � 2020000082270 9:41 am 2/26120 40 41`0A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0,006,000,00 o.00 M { NOTICE OF COMPLETION NOTICE IS HMEBY GIVEN that the undersigned City of Santa .Aaa, California, a municipal corporation, with the address of City Mall, 20 Civic Center Plaza,, Santa Ana, California, 92701, is the owner of the proope ty hereinAe.r described, that said owner has caused. construction of WESTMfNSTER A EN E I P&OVEMENTS under contract entered into on WAX J, 201.8, with E S GENERAL ENGINES IN . on which contract ffYFESURi R C. surety-. property P INSNCE B BROKERS. 1N is sure Theon�rhich such vvoxl� improvement was aplaced is in the City of Santa. Aria, County of Orange, State of California, and descn ed as Project No. 15-6825 & 18-6902 located at WESTMINS`I'ER AVENUE FgQMA BQR. OIJLEVARD TC7 FAIRVIEW STREE . The `rvoxk improvement on said property was o accepted as completed on Eg99J ARY 6. 2020, CITY OF SANTA. ,A. ORPORATION Z by. © � Dated: Princin ivil.Enjdnegrz- one Chesa:iek TITLE ». ........................_ a__ .... VERIFICATION I, the undersigned, say. I am the City En `neer -.Edwi "W'illin" Gal ez 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 male this verification on behalf of said corporation by authorization of the City Council of the City of Santa Atia; I have read said notiee and know the contents thereof, and I declare under penalty of perjury that.the facts therein stated are true. Executed on , at Santa Ana, California (Signature of individua ring that the contents orNotice of Completion are true,) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION THE REGISTER This 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 Notice Type: BID- NOTICE INVITING BIDS Ad Description: Westminster Ave: Harbor -Clinton and Clinton -Fairview I am a citizen of the United Stales 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 entitled 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: 03/02/2018, 03/07/2018 Executed on: 03107/2018 At SANTAANA,CA I certify (or declare) under penalty of perjury that the foregoing is. true and correct. Signature illllllll1111111111lli I /111/ llflillIIIII Emelt 1111I1Il Wil WIR16, M � . - t POSTED MAYOR Miguel A. Pulldo MAYOR PRO TEM Michele Martinez COUNCIL MEMBERS P. David Benavldes Vicente Sarmiento Jose $010do Sal Tinalero Juan Villages MAR 15 2018 HUGH NGUYEN, CLERK -RECORDER DEPUTY H Ih Nguyen, lulII Clerk-Recorder IrlI!II III I II NO FEE *$ R 0 0 0 9 9 5 2 8 4 9$ 20188500025210:23 am 03115/18 341 304 Z01 0100 50,00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988. Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-anamt; CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Westminister Ave Rehabilitation (1315-6825 & 18-6902)Date of Approval: 04/0312018 ProjectNumber(s): PWA-2018-356-CIP Project Location: 1 Citywide (Partial) City: Santa Ana County: Orange ER Number: ER -2018-36 Project Description: This Rehabilitation of existing roadway pavement include the removal and replacement of the existing asphalt street. Work will also include repair to damaged or missing curbs, gutters, sidewalks and wheelchair ramps and traffic striping. 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. 15061b)(3)/(5)) ❑ Statutory Exemption: ® Categorical Exemption: 15301(b) Reason(s) Why Project is Exempt From CEQA: 15301(b) consists of repair/maintenance of existing public facilities. CityContact: G' f(ert Castillo, Asst. Engineer II Signature: �)lbr�^l �mCS Telephone: Title: SANTA ANA CITY COUNCIL MAR 15 2018 ORANGE COUNTY CLERK•RECORDEO DEPARTMENT BY;p . ,.� (Z DEPUTY (714)647-5647 ® Date: 3_1c -)d Miguel A. Pulido Michele Martinez - Vincente Sormlento Jose Solorio P. David eensvides Juan VAlegas ! 3a1 Tinalem Mayor Mayor Pro Tem, Ward2: Ward Ward Word -Ward5 Ward m ulidoAssnWanaom mimardneziMurda-aneom warmlentoiflisarla-aneom isolodof�sanWno.bm_, I" State of California - Department of Fish and Wildlife 2018 ENVIRONMENTAL FILING FEE CASH RECEIPT DFW 753.5a (Rev. 01/01/18)' Previously DFG 753.5a LEADAGENCY EMAIL CITY OF SANTA ANA WESTMINSTER AVE REHABILITATION (P15-6825 & 18-6902) 30-2018 0240 03/15/2018 201885000252 CITY OF SANTA ANA 1 (714) 647-5647 PROJECT APPLICANTADDRESS CITY STATE ZIP CODE 20 CIVIC CENTER PLAZA I SANTA ANA CA 92702 PROJECT APPLICANT (Check appropriate box) [d, Local Public Agency ® School District ® Other Special District State Agency Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) ❑ MBlgatedlNegative Declaration (MND)(ND) ❑ Certified Regulatory Program document (CRP) El Exempt from fee O Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) ❑ Fee previously paid (attach previously Issued cash receipt copy) ❑ Water Right Application or Petition Fee (State Water Resources Control Board only) ❑ County documentary handling fee ❑ Other PAYMENT METHOD: $3,168.00 $ 0.00 $2,280.75 $ 0.00 $1,077.00 $ 0.00 $850.00 $ 0.00 $ 0.00 ❑ Cash ZI Credit ❑ Check ❑ Other TOTAL RECEIVED $ IVIRGINIA CHAVEZ, DEPUTY CLERK 1 11 X N�t1T0�I1� ORIGINAL- PROJECT APPLICANT COPY -CDFW/ASB COPY - LEAD AGENCY COPY -COUNTY CLERK DFW 753,6a iRay. 20161215) INSURANCE NOT ON FILE WORK MAY Vj_OT PROCEED RK OF COUNCIL `l ATE: /MAY 2 9 2018 CITY OF SANTA ANA CONSTRUCTION CONTRACT O: Michael Ortiz PROJECT NOS. 15-6825 & 18-6902 PWA (/ ) WESTMINSTER AVE IMPROVEMENTS FROM HARBOR BLVD TO FAIRVIEW ST This CONSTRUCTION CONTRACT is made and entered into this lye day of May, 2018 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and EBS General Engineering, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Westminster Avenue Improvements Project (hereinafter referred to as the "WORT{ 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. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Three Hundred Ninety -Nine Thousand Dollars (V1,399,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable, rev. 09/01/2017 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed, 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.orp,ypwa/doctimellts/C WA.pdf 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 Contact shall not become effective until such bonds are supplied to and approved by the CITY, CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price, For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contact price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: rof SONIA R. CARVALHO City Attorney By; J�VNFUNK Assistant City Attorney RECOMMENDED F AP ROVAL EDWIN "WILLIAM" GA'LVEZ Acting Executive Director Public Works Agency CITY OF SANTA ANA CONTRACTOR: EBS General Engineering, Inc. JOSEPH A. NANCI President Page 3 of 3 CITY OF SANTA. ANA Exhibit A PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE, FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE, FROM CLINTON ST TO FAIRVIEW ST, BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum($) set forth in the following schedule, Item Description Qty Unit Unit Prise Amount 1 Unclassified Excavation 2,200 CY $ $ Y r Z32 0 ' 2 AC Pavement (Asphalt Concrete) 5,300 IN $ $ r 4 3 Asphalt Rubber Hot Mix (ARHM) 51100 TN $�ry 4 Cold Milling (T-3") 354,000 SF $ " _$ $ ,aV c (o 5 Crushed Miscellaneous13ase(CMB)* 50 TN $ $ - 6 PCC Sidewalk(T=4")* 5,000 SF $ $ J, 7 PCC Driveway Approach (T=8"T 600 SF $ $ 8 PCC Curb Ramp* 5,000 SF $ $ 9 ConereteBusPad1,100 SF $ $ 10 PCC Curb and Gutter (Type A-2-8)* 1,000 LF $ $ ` 11 PCC Curb (Type B-1)* 300 LF $/16— $ __ � '� 'ROD ""- 12 PCC Cross -Gutter (Arterial Street)* 3,000 SF $ $ " ('i 13 'PCC Grinding 100 LF $ $ 5'r P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST, PROJECT 18-6902 WESTMINSTER AVE, FROM CLINTON ST TO FAIRVIEW ST, Item Description Qty Unit Unit Price Amount 14 PCC Pattern Stamped Concrete 300 SF $ $ tD- coo 15 Root Shave 5 E-A $ $ DO— Six) — 16 Adjust Water Valve Frame and Cover to 69 EA $ $ Finished Grade 17 Adjust Sewer and Drainage Manhole to 42 EA $ $ Finished Grade p 3 e) 18 Adjust Water Meter Frame and Cover to 4 EA $ $ Finished Grade FQQ 19 Adjust Survey Monument to Finished 4 EA $ $ Grade O() 20 Furnish and Install New #6 Pullbox 6 EA $ $ 21 Furnish and Install Cast -in Place ADA 2 EA $ $ Truncated Dome Panel / 22 Furnish and Install Traffe Loops Type 16 EA $ $ E DO l X 23 Furnish and Install Traffic Loops Type 39 EA $ $ D 7yw_( 2 24 Temporary Construction Signs 10 EA $ $ 25 Signing and Striping LS $ $ rn .'- 26 Traffic Control and Traffic Control Plan 1 LS $51 9 r $7 $ 27 Project Advertising Sign 3 EA 28 Push Hutton 3 EA $ $ P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD, TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST, 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, 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 forty-five (45) 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 $1,700 per calendar day. Name of Firm Signature of BE Title 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 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. 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 2,200 CY $ $ O 2 AC Pavement (Asphalt Concrete) 5,300 TN $ $ +}/ }} /t 3 Asphalt Rubber Hot Mix (ARHM) 5,100 TN $ $ 4 Cold Milling (T=3") 354,000 SF $ $ ,a ?V566 5 Crushed Miscellaneous Base(CMB)* 50 TN $ $ 00__ S 6 PCC Sidewalk(T=4")* 5,000 SF $ $ S, 'v 7 So — 7 PCC Driveway Approach (T=8")* 600 SF $ $ — 0 8 PCC Curb Ramp* 5,000 SF $ $ 9 Concrete Bus Pad 1,100 SF $ $ l.s 10 PCC Curb and Gutter (Type A-2-8)* 1,000 LF $ $ 0� - 11 PCC Curb (Type B-1)* 300 LF $ $ L 12 PCC Cross -Gutter (Arterial Street)* 3,000 SF $ ' $ C— (a 13 PCC Grinding 100 LF $ $ S� P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. Item Description Qty Unit Unit Price Amount 14 PCC Pattern Stamped Concrete 300 SF $ $ ' Goo 15 Root Shave 5 EA $1 $ va -� SGro -- 16 Adjust Water Valve Frame and Cover to 69 EA $ $ Finished Grade 17 Adjust Sewer and Drainage Manhole to 42 EA $ $ Finished Grade 18 Adjust Water Meter Frame and Cover to 4 EA $ $ Finished Grade (l DUO - 19 Adjust Survey Monument to Finished 4 EA $ $ Grade oo - 20 Furnish and Install New #6 Pullbox 6 EA $ $ 21 Furnish and Install Cast -in Place ADA 2 EA $ $ Truncated Dome Panel 7.� t - 22 Furnish and Install Traffic Loops Type 16 EA $ $ E ..-- '7 Lr® 23 Furnish and Install Traffic Loops Type 39 EA $ $ D 5b — 24 Temporary Construction Signs 10 EA $ $ D' o 25 Signing and Striping 1 LS $ $ !3"� Li(% 26 Traffic Control and Traffic Control Plan 1 LS $�/j 9 L) $ 27 Project Advertising Sign 3 EA $ $ 3 42M 28 Push Button 3 EA $ $ P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. TOTAL BASE BID 8 .113 G 9 o The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within forty-five (45) 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 $1,700 per calendar day. Name of Firm Signature of BI] Title 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 ACTION AND RESOLUTION BY TLIF BOARD OF DIRECTOR OF EBS GENERAL ENGNMIN0, INC A CALIFORNIA CORPORATION All of the Board of Directors of BBS General Engineering, Inc,, desiring to insure that all the proper and authorized individtirals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 2010. The Board, following a review of the foregoing matter, and upon motion made and seconded, the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that Joseph Ncemoi is hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind, obligate and commitE88 General Engineering, Inc, to any and all contracts executed by and between EBS General Engineering, Inc. and any other contracting party, There bring no further Or pending business before the Board, the meeting was adjourned. BOARD OF DIRE, CTORS Date: January 3, 2010 ATTESTATION 1, being the Secretary of the above referenced corporation, do hereby certify that the above resolution is the, resolution of the corporation. Dated, -6 L a e— ]J-0sep ancir Secretary CITY OF SANTA ANA PROPOSAL PROJECT N0, 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (W) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm EBS General Enaineerina, Inc. Signature of BIDDER Title 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 CITY OF SANTA ANA PROPOSAL PROJECT NO. 1.5-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. 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: State Dept. of Industrial Relations (DIR) Registration No.: 1000005295 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: P-5 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. 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 Signature of BE Title President (if an individual, so state) P-6 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Jocenh A- Nnnri 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: ❑ JO1NT VENTURE That he is of: one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any a vantage against the City of Santa Ana or any person interested in the proposed contr t, fo h' self or any other person. Signature o idd Joseph A. Nanci, President Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public) P-7 of P-17 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL. CODE § 1189 tc, a.: ,..:.:.�:!.�, i. .i,.;:.:.,...in. ...: ,,.. ;i:.^.�.'a i.:n.,^h.K:i�n.{.c.. n.{{...'z.: 1:'anzn y.:n..+, i.:,.,:na:.w, ,., n A: .s: .`.. .n....i.:s.c,•'rt.'?a: n A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of RIVERSIDE On �> �� t� before me, WILLIAM E. ELLIS, JR, Date Here Insert Name and Title of the Officer personally appeared JOSEPH A. NANCI Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WILLIAM C-. ELLIS JR. Commission # 2127998 a :ed Notary Public - California z z. .`.4 , Orange County n My Comm. Expires Oct 23, 2019 Place Notary Seal Above Description of Attached Document Title or Type of Document: 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 Signature of Not ry P lic Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: D Corporate Officer—Title(s): ❑ Partner - o Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's ❑ Corporate Officer—Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representi r,�.:�.;rct..cxcraxa:e-.cc;:1.crr,x.4.Y�ei�;rossaxc�.r.�,<xax.*::z.rc..r..:s.�:rs...rcM'xrarttarxm.Lrc:�.rrc.ca:�:r���ca.:�:rarcrar,A:rn © 2014 National Notary Association * www.NationalNotary.ora * 1-800-USNOTARY (1-800-876-6827) Item #5907 C-16 BOND# 3—B PREMIUM: NIL CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINS'T'ER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT I8-6902 WESTMINSTER AVE. FROM CLINTON STTO FAIRVIEW ST. 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 f_TEN PERCENT OF AMOUNT BID Dollars ($ 107 ), which is tett 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 22ND day of MARCH 2018, BIDDER* EBS GENERAL ENGINEEKN4 INC. 1320 E. SIXTH STREET 11100, CORONA, CA 92879 BY: SURETY* A. Nand, President INSURANCE COMPANY 3131 CAMINO DEL RIO N. 111450 FACT Subscribed and sworn to before me 120. Signature: Notary Public in and for the County of , State of 19) 400-4100 this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AGENT: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD. 11201 ANAHEIM, CA 92807 (714) 921-0530 P-8 of P-17 JURAT FORM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE ) Subscribed and sworn to (or affirmed) before me on this 22ND day of MARCH 20 18 by SPENCER FLAKE proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ERIN A. SHERWOOD Commission 8 2118626 e <,'=s*�Vp�Ax; Notary Public - California z Orange County My Comm. Expires Jul 6, 2019 J (NO RY SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT, TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT When executing a jurat, a notary shall administer an oath of affirmation to the affiant and shall determine; from satisfactory evidence, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary. To order supplies, please contact McGlone Insurance Services, Inc. at (916) 484 0804. POA#: 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, Heather Willis 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, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) 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 —12/3112019 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-tn-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 20° 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 8th day of August , A.D. 2017 . as SURETEC URAN E ANY sU NCF� ;.............., c 7�3 = By: w t u+ ) a= John I{uox ., 43resi n4 State of Texas as: c 1 6 �Y# County of Harris ...^1^" ,2e On this 8th day of August , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by meduly 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; and that he signed his name thereto by Like order. XENIA CHAVEZ Notary Public, State of Texas 9•;�� .Comm. Expires 09-10-2020 1''46;111'11v� Notary ID 129117659 X la'6tfavez, Notary Public y commission expires September 10, 2020 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 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 21ND da of AIA 2018 A.D . B nt Be ty, Assistant Se. etary 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 0:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 ::.S.C.{:�;4i h�S: �.4 x...(.. 4-M...tr A M1\'A: ��4.'rS 5. .1. .A ✓e.. A.0 Y.I M.CH�A.�.�:L Fu[.4.\A'.4 rt._ 1. .L. .. T.::Au n. ,f. L=.4': n. M1..%. A..l!L ��4.T.6,�.F A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of RIVERSIDE ) On°'24 before me, WILLIAM E. ELLIS, JR. Date Here Insert Name and Title of the Officer personally appeared JOSEPH A. NANCI Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY WILLIAM E ELLIS JR. under the laws of the State of California that commission# 2127998 zthe foregoing paragraph is true and correct. Notary Public - California n Orange County 'WITNESS my hand and official seal. My Comm. Expires Oct 23, 2019 Signature r Signature o Nota Public Place Notary Seal Above Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's o Corporate Officer—Title(s): o Corporate Officer—Title(s): ❑ Partner - o Limited o General o Partner - c Limited o General o Individual o Attorney in Fact o Individual o Attorney in Fact o Trustee c Guardian or Conservator o Trustee c Guardian or Conservator o Other: o Other: Signer is Representing: Signer is Representing: :::s.re.�r�.��sc:�cs.�xsr�.s.�scs.,..r,�•nc.�r� �.r.,xc:�.Asir,:..titrestrt.*,_,rs^.�c.,.;.�•t•.v«.urt.ax:rxc�..r^.er.�,xrirt.c�.tres�s:, © 2014 National Notary Association * www.NationalNotary.ora * 1-800-USNOTARY (1-800-876-6827) Item #5907 C-16 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. 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 / r License #/Exp DIR Reg. #/Exp. IV Ol!TA,a fd3)jq Location Cf,r Phone ��5/�}� Type Of Work _ i1a n_�1---Gi f.tv Amount $ Name License #/Exp. DIR Reg. #/Exp. License Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License Location Phone Type Of Work Amount $ Signature of Bidder Name License DIR Rel Locatiot Phone Type Of Amount Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg, 4/Exp. License # Location Phone Type Of Work Amount $ P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. See attached reference list Name and Address of Owner. 2. 3. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Insurance: Invensure Insurance Brokers 17991 Cowan Irvine CA 92614 (949) 756-4100 Bonds: Culbertson Insurance Services - 5500 E. Santa Ana Canyon Rd., Ste 201 Anaheim CA 92807 921-0530 P-10 of P-17 3 YEAR REFERENCES - PUBLIC WORKS 1. Proiect Name 2016/2017 Arterial and Minor Streets Maintenance Project Address Owner Various Locations City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Type of Work Dates $4,594,000 Streets Maintenance 9/2017 — on going 2. Proiect Concrete Street Rehabilitation, FY 2015-16 Project Address Owner Various Locations City of Orange Contact Phone Matthew Lorenzen, Project Manager (714) 744-5566 Price of Contract Type of Work Dates $574,850 Minor Concrete, Street Improvements 7/2016 to 10/2016 3. Proiect Washington Square Residential Street Improvements ProjectAddress 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 $984,925 Minor Concrete, Street Improvements 4/2016 to 10/2016 4. Proiect ADA Access Improvements Del Cerro/Burma Rd Entrance to PV Nature Preserve Project Address Owner Del Cerro/Burma Rd. City of Rancho Palos Verdes Contact Phone James Flannigan, Asst Eng. (310) 544-5295 Price of Contract Type of Work Dates $99,470 Exposed Agg. Sidewalk, Ramps, Drive approach 1/2017 to 3/2017 3 YEAR REFERENCES — PUBLIC WORKS rct /16 Curb Access Ramp Installation Project Address Owner Various Locations City of Huntington Beach Contact Phone Jim Escutia, Public Works 714) 536-5525 Price of Contract Type of Work Dates $327,200 Curb Ramps, Domes 5/2016 to 6/2016 6. Project Rancho Santa Fe Road ADA Curb Ramp Reconstruction Proiect Address Owner Rancho Santa Fe Rd City of San Marcos Contact Phone Duane Neyes, Construction Mgr. (760) 744-1050 Price of Contract Type of Work Dates $290,100 Ramps, Sidewalk, Gutter, Domes 6/2017 to 7/2016 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. 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 attached reference list 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. P -I1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. 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 collided, 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 falsp certification may subject the certifier to criminal prosecution . Signed Joseph A. Nand, President State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-12 of P-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of RIVERSIDE On�� before me, WILLIAM E. ELLIS, JR. Date Here Insert Name and Title of the Officer personally appeared who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WILLIAM E. ELLIS JR. Commission # 2127998 --.e - Notary Public • California z Orange County n My Comm. Expires Oct 23, 2019 Place Notary Seal Above Description of Attached Document Title or Type of Document: 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 Signature of Notary p lic Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — ❑ Partner - ❑ Limited ❑ Individual ❑ Trustee ❑ Other: Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner - o Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: © 2014 National Notary Association " www.NationalNotary.org' 1-800-USNOTARY (1-800-876-6827) Item #5907 C-16 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE, FROM CLINTON ST TO FAIRVIEW ST, 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. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD, TO CLINTON ST. PROJECT 18.6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. 7. 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, ' / 4 Signed: i „ // X _ Title: President Firm: EBS General Engineering, Inc. Date: 3/27/18 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST, 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 tothe allforni prenticeship Council. Signed: Title: Firm: EBS General Engineering, Inc. Date: 3/27/18 P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO, 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. STATEMENT REGARDING "ANTI-IZICKBACK" 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 orI to give up any part of the compensation to which he/she is otherwise entitlX Signed: , Title: President Firm: EBS General Engineering, Inc. Date: 3/27/18 P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 °o If the answer is yes, explain the circumstances in the following space P-17 of P-17 �e Ias g@neral engineering, inc. 1320 E. SIXTH, SUITE 100 - CORONA, CORONA, CA 92879-1700 Tel: (951) 279.6869 • FAX: (951) 279-6832 City of Santa Ara Public Works Agency 20 Civic Center Plaza, M-22 Third Floor Santa Ana CA 92701 March 28, 2018; 2 pm SEALED BID FOR Westminster Ave from Harbor Blvd to Clinton St and Westminster from Clinton St to Fairview St; #15-6825, #18-6902 CITY OF SANTA ANA BONDS PROJECT NO.: 15-6825 & 18-6902 PAYMr,,NT BONI) BOND# 4417171 PREMIUM: INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY "THESE PRESENTS that EBS GENERAL ENGINEERING INC. as CONTRACTOR, and SURETEC INSURANCE COMPANY a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal SUM of ONE MILLION THREE HUNDRED NINETY- NINE THOUSAND & 00/100'S Dollars ($1,399,000.00 ), 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 MAY 11 2018 for WESTMINSTER AVE IMPROVEMENTS FROM HARBOR BLVD ** , 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. ** TO FAIRVIEW ST IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 10TH day of MAY _'20 18. 1320 E. SIXTH STREET, 11100 CONTRACTORS EBS GENERAL ENGINEERING. INC./ CORONA. CA 92879 (951) 27 IN -FACT Subscribed and sworn to before me, 20 Signature: Notary Public in and for the County of 3131 CAMINO State of 450, SAN DIEGO, CA 92108 (619) 400-4100 this day of Rate of premium on this bond is $ INCLUDED IN PERFORMANCE BID per thousand. Total amount of premium charge is $ INCIDDED IN PEUDIVINNCE BOND. To be filled in by Surety *Provide CONTRACTOR /ADMI1T_TED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AGENT: CULBERT.SON INSURANCE SERVICES, INC. 5500 E. SANTAN ANA ANAHEIM, CA 92807 (714) 921-0530 CANYON RD. 11201 2of3 l�1w�7T�1��J A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and swornto (or affirmed) before me on this 10TH day of MAY 12018 by SPENCER FLAKE proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ERIN A SHERW000 ., Commission S 2118628 a : r Notary Public - California z ///,1giLfih BJIA.rClv :'/ Orange Cow,ty a " [ _(NOT�;RY SEAL) ,.w--'' n;y Comm. Expires Jul 6, 7019 NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAI. TO PERSONS RELYING ON TIES NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT When executing a jurat, a notary shall administer an oath of affirmation to the affiant and shall determine, from satisfactory evidence, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary. To order supplies, please contact McGlone Insurance Services, Inc. at (916) 484 0804. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Riverside } On May 15, 2018 before me , K. Fairweather Date Insert Name and Title of the officer Public, personally appeared Joseph Nanci Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. FAIRWEATHER Notary Public - California WITNESS my khaand official seal. r Riverside County z commission # 2149313 ' M Comm. Expires A r 21, 2020 Sigam tt ------------------------------------- OPTIONAL ------- ------------------------ ----------- ----------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: D Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: POA#, 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, Heather Willis 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, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) 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 confining all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 9110/2020 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 Attomey(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 Attomey-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 20th 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 8th day of August , A.D. eon . S�HaN F� SURETEC E ANY By — 6: w 5 ;2 John I{nox ., resi nt State of Texas ss: 9� J. County of Harris ............. 0 On this 8th day of August , A.D. 2017 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; and that he signed his name thereto by like miler. �.`"wa'n, XENIA CHAVEZ *.OS Public, State of Texas ' y 'v Comm. Expires 09-10-2020 Z, �e Notary ID 129117559 XO a avez, Notary Public y commission expires September 10, 2020 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 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 I OTH d�y of 4 // ,/_I 2018 , A.D. . Brbnt Betty, Assistant Se&etary 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. BONDII 4417171 PREMIUM: $15,021 CITY OF SANTA ANA BONDS PROJECT NO.: 15-6825 & 18-6902 FAITHFUL MERFORMANCE,13OND KNOW ALL MEN BY THESE PRESENTS that EBS GENERAL ENGINEERING, INC. as CONTRACTOR, and SURETEC INSURANCE COMPANY , a corporation, organized and existing tinder the laws of the State, and duty authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of ONE MILLION THREE HUNDRED NINETY- NINE THOUSAND & 00/1001S Dollars ($ 1,399,000.00 ), 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 MAY 1, 2018 for WESTMINSTER AVE IMPROVEMENTS FROM HARBOR BLVD. ** , 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. ** TO FAIRVIEW ST` IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 10TH day of MAY _'2018 . 1320 E. SIXTH STREET 11100 CONTRACT R* EB GENERAL ENGINEERING, INC./ -CORONA, CA 92879 951 279-6869 BY: Josephanti, restent SURETY* SURETEC INSU CE COMPANY/ 3131 CAMINO DEL RIO N. , 111450, SAN DIEGO, CA 92108 BY: (619) 400-4100 S NCER FLAKE -,ATTORNEY-IN-FACT Subscribed and sworn to before me, this day of 20 Signature: Notary Public in and for the County of State of Rate of premium on this bond is $ 14.40/$8.70 per thousand. Total amount of premium charge is $ 15,021 . To be filled in by Surely *Provide CONTRACTOR / ADM17YED SURETY name, address, and telephone number and the name, title, address, and telephone number pf authorized representative. AGENT: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD. 11201 ANAHEIM, CA 92807 (714) 921-0530 I of 3 JURAT FORM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to (or affirmed) before me on this 10TH day of MAY 20_18 by SPENCER FLAKE proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ,.r�� ERIN A.SHERWOOD ti4_ -„;1 Commiselan # 2118828 Notary Public - California z Zv1L "”" r Orange County n OTARY SEAL) My Comm. Expires Jul B, 7015 NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT, TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT When executing a jurat, a notary shall administer an oath of affirmation to the affiant and shall determine, from satisfactory evidence, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary. To order supplies, please contact McGlone Insurance Services, Inc. at (916) 484 0804. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Riverside On May 15, 2018 before me , K. Fairweather Notary Date Insert Name and Title of the officer Public, personally appeared Joseph Nanci Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si It. OWEATHEER`r art Notary public • California EE Riverside County z Commission # 2149313 My Comm. Expires Apr 21, 2020 e---------------------------------------------- OPTIONAL --- ------------- ------- --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer—Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer—Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: POA#: 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, Heather Willis 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, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) 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 9110/2020 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 Anomey(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 Attomey-in-Pact 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 20`„ 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 em day of August , A.D. 2017 . +°UHANp SURETEC LF ANY Mgr............ F° °a By: w' w n€ John Knox ., rest nt State Texas as: 9� 1 5, , 2 Countyy of Harris ••••.... mm*mw+" On this 8th day of August , A.D. 2017 before me personally came John Knox Jr, to me known, who, being by me duly sworn, did depose and say, that be 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; and that he signed his name thereto by like order. XENIA CHAVEZ ?r°t enc Notary Public, State of Texas v � Comm. Expires 09-10-2020 '1,' 100 Notary ID 129117659 X ra avez,NotaryPublic y commission expires September 10, 2020 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 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 MUl da ofY 201" A.D. .. Br ut Be y, Assistant Sec •chary 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. BONDII 4417171 CITY OF SANTA ANA PREMIUM: INCLUDED IN BONDS PERFORMANCE BOND PROJECT NO. 15-6825 WESTMINSTER AVE. FROM HARBOR BLVD. TO CLINTON ST. PROJECT 18-6902 WESTMINSTER AVE. FROM CLINTON ST TO FAIRVIEW ST. WARRANTY PERFORMANCE AND PAYMENT BOND (To be submitted upon project completion as a condition of project acceptance) KNOW ALL MEN BY THESE PRESENTS that EBS GENERAL ENGINEERING, INC. as CONTRACTOR, and SURETEC INSURANCE COMPANY a corporation, organized and existing under the laws of the State* and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of THREE HUNDRED SIXTY-FIVE THOUSAND SEVEN HUNDRED EIGHTY-ONE 6 66/100 Dollars ($ 365,781.66 ), which is 25 percent of the final 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. * TEXAS 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 MAY 1. 2018 for WESTMINSTER AVE IMPROVEMENTS FRCM HARIM BLVD. TO F4IRVIW ST if CONTRACTOR faithfully warrants the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 26TH day of FEBRUARY , 2020 . AO 1345 QUARRY STREET, STE. 101 EBS GENERAL ENGINEERING. INC CHARLES L. FLAKE / ATTORNEY -IN -FACT Subscribed and sworn to before me, 20_ Signature. Notary Public in and for the County of CA 92879 (951) 279-6869 DEL RIO N., #1450, SAN DIEGO, CA 92108 this ___ day of State of Rate of premium on this bond is $ INcuiDED IN PFIwammCB BOND per thousand. Total amount of premium charge is $ INMED IN PERFUF ANCE BONR 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 ROAD, STE 201 ANAHEIM, CA 92807 (714) 921-0530 3 of 3 1A I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE ) u ubscd ed and Sworn to (Or affirmed) before me on this 26TH day of FEBRUARY 20 20 by __ CIIAgLES L. FLAKE proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. LEXIE SHERWOOD COMM. # 2203287 (NOTARY SEA,) f NOTARY PUBLIC *CALIFORNIA j OTARY PUBLIC SIGNATURE ORANGE COUNT + Comm. Exp. JULY 27, 2021 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON TFBS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT When executing a jurat, a notary shall administer an oath of affirmation to the affiant and shall determine, from satisfactory evidence, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary. To order supplies, please contact McGlone Insurance Services, Inc. at (916) 484 0804. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF Riverside ) On March 2. 2020 befo Date me, K. Fairweather Public, personally appeared Thomas Nanci Name(s) of Signer(s) Insert Name and Title of the officer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State-of-California-thatthe foregoing paragraph is true and correct. K. FAIRWEATHER Notary Public - California WITNESS my hand and official seal. z `'" Riverside County z ' Commission # 21n }}ll My Comm. Expires Aprr 21. 21, 2020 Signatu -------� 1-----------------------------------------------OPTIONAL------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer — Title(s) ❑Partner - ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer—Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: POA it; 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, Heather Willis 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, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, 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 is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolvent, that die President, any Vice -Pi esident, any Assistant Vice -President, arty Seer: any 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 andeffected 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 20'4 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this lath day of September , A.D. 2018 . S�RA7JpF SURETEC I N CJ PANY iu / X 9 •'3: By: w w , 9i John Kr Jr., C State of Texas ss County of Harris ••,r On this 28th day of September , A.D. 2018 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 CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; thathe knows the sealof 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. „pun.Y".....�,...�. XFNlA t;HAV[Z-_� IL Motary Publir•, State of TaxasComm. Fzpiras 0&t0-2020f°P� Notary ID 1291170a9 r Xcokwflvez, Notary Public t_X commission expires September 1 &20 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 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 "ea, A.D, reta 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 8:30 am and 6:00 am CST.