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HomeMy WebLinkAboutCEM CONSTRUCTION CORPORATION Recorded in Official Records, Orange County Recording Requested By, Hugh Nguyen, Clerk-Recorder And When Recorded Mai]To: I Illll!I III11111 Ill!Illl II1111II�II111 IIIII llltt lull lull JJJJ III III Clerk of the Council,City of Santa Ana NO FEE 20 Civic Center Plaza,P.O.Box 1988 1 0 9 4 6 0 4 6 $ * Santa Ana, CA 92702 201900023418210:16 am 07/02119 37 413 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 ().0()0.000.00 0.0o THIS SPACE FOR COUNTY RECORDERS USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a Jv� 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 A construction of CABRILLO PARK DRIVE SIDEWALK IMPROVEMENTS under contract aM entered into on OCTOBER 2, 2018, with CEM Construction CoMoration on which contract w Develo ers Surety and Indermifty Cam an is surety. The property on which such work oimprovement was placed is in the City of Santa Ana, County of Orange, State of California, and o z described as Project No. 16-6862 located at: Cabrillo Park Drive. The work improvement on a said property was accepted as completed on DUNE 3, 2019. az� O � p CITY O NTA ANA,A MUNICIPAL CORPORATION � O Wo W F E■ z by Oa _ Dated: Prin 1 Civil Engineer-Tvronc Chesanek p, TITLE ------------------------------------------------------------------------------------------- VERIFICATION I, the undersigned, say: I am the _City Engineer - Edwin"William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof-, and I declare under penalty of perjury that the facts therein stated are true. Executed o C.��G 2 1 24 C / __,at Santa Ana, 1 o (Signature of in Mdual swearing that the contents of Not' e of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(I0)DAYS AFTER COMPLETION THE REGISTER This space Ior Nod stamp only 626 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796.7000 1 Fax (714) 706-6069 PROOF OF.PUBLICATION (2016.6 C.G.P.) State of California ) County of ORANGE ) ss Notice Type: SID -NOTICE INVITING SIDS Ad Description CABRILLO PARK SIDEWALK IMPROVEMENTS I am a citizen of the United States and a resident of the State of California; l 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 publlshed 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 1111911906, Case No. A21046. That the notice, of which the annexed is at printed copy, has been published In each regular and entire Issue of sold newspaper and not In any supplement thereof on the following delete, to -wit: 0612712018, 06101/2018 Executed on: 06101/2010 At SANTA ANA,CA I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Ignature -- Email IIII I 0 I 0 � 0 I 0I 0 I 4�IIIII II 4II3 0 II I �I FLED MAY 2 4 2018 GRANGE COUNTC x- C ftDER DEPARTMENT BY: DEPUTY MAYOR Miguel A Pulldo MAYOR PRO TEM Michele Martinez COUNCIL MEMBERS . P, David Senavldes Moonte Sarmiento Jose Soloao Sal Tinalero Juan Vlllagas Hugh Nguyen, Clark -Recorder II I I II III 1116 II I II II 111 I 111 NO FE * 8 R 0 0 1 0 1 1 0 4 4 2 2+ 201885000534 9;56 am 05/24/18 370 OR02 Z01 0.00 50.00 0.00 0.00 0,00 0.00 0.00 0.00 CITY OF SANTA ANA PLANNING 6 BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 190 -Santa Ana, Catfomla 82702 (714) 667.2700 a Fax (714) s73-1461 www,santa-ana.org CITY MANAGER Raul Godlnez II CITY ATTORNEY Sonlo R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTY CLERK County of Orange P.O. Box 238 Santa Ana, CA 92702 Project Title: Cabrillo Park Drive Sidewalk Improvement ProjectNumber(s): PWA -2018 -756 -CITY ()0 Project Location: 1 Citywide (Partial) Z5 City: Santa Am Project Description: 6 Applicant Name: Applicant Address: From: City of Santa Ana Planning & Building Agency 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Date of Approval: 08/07/2018 County: Orange ER Number: ER -2018-74 This project includes removing and replacement of damaged curbs, gutters, sidewalks, regrading landscaping area and wheelchair ramps. Monica Suter, City of Santa Ana 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 (Sao, 15266) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: 0 Categorical Exemption: 15301(b) Reason(s) Why Project is Exempt From CEQA: 15301(b) consists of repalr/maintenance of existing public facilities, MAY 2 4 2018 ORANGE CO NTY R E RDERDEPARTMENi BY:I DEPUTY City Contact: wa orres Telephone: (714) 647-5018 Signature: Title: {1 U '( .✓ (amu (pate; SANTA ANA CITY COUNCIL MIIW A. Puldo MIGhola Martinez vkn i,a sa mienm Jose Scloda P. David aenaval" Juan vlllaaaa Mayor Mayer Pro Tam, Ward 2 Ward1 Ward3 WA/d4 - .word IIlAL1�80Dta-iaaaf4 y7l¢pNilaN@aaMranaoro ,ae.�a�a ti-,�tfYlt0aa01aaaL#f Sal T-M*o Ward e NOV 2 0 2018 CITY OF SANTA ANA PWA Aon5M.l60n (0�) CONSTRUCTION CONTRACT Q� PROJECT NO. 16-6862 Gmwlaj V CABRILLO PARI{ SIDEWALK IMPROVEMENT PROJECT This CONSTRUCTION CONTRACT is made and entered into this 2"d day of October, 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 CEM Construction Corporation (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 worlananlike manner and to the satisfaction of the City Engineer of the CITY, the Cabrillo Park Sidewalk hnprovement Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Hundred Seventy -Three Thousand Dollars ($373,000.00), 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: Ilttp://www.Santa-ana,or^g/.pwaldocuments/C W A.pdf 7. 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 (1.00%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 IN WITNESS WHEREOF, the parries hereto have executed this Construction Contract on the (lay and year first above written. ATTEST: MARIA D,.HtJIZ R Clerk of , Council APPROVED AS TO FORK SONLA R. CARVALHO City Attorney By: f'LA 11(6k- FUNK Assistant City Attorney FOR APPROVAL: ic Fuad S. VASS, PE, PLS ExecutivI Director Public WNZ Agency CITY OF SANTA ANA RAUL CODAEZI City Manager CONTRACTOR: CEM Construction Corporation ,1-4fSUS CARRILLO President Page 3 of 3 CITY OF SANTA ANA PROPOSAL PROJEC)"NO.: 16-6862 CARRILLO PARK SIDEWALK IMPROVENIEN]"S P-1 D.BRMSALI, 1'0; ('I'I'YCOUN(:11,..OF''1'11ECI'IYUISAN'I'�%ANA REQUIREMVNT� Tho undersigned bidder dealares thol they have carefully examined the location ul'the proposed work, that they have examined the Contract Mxumemi in its eatim), 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 sp"Meallot'll (or the Unit nri"{S) OY IUMI) SUITI(S) 50 I'Ofth in the following schedule: P-1 oj'P-16 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS TOTALBAUBID The lowest responsible bidder 4hali he selected based oil tile total base bid, 'file Cin reserves the right to award tile Base Bid, and any, all, or none of the odd -alternate bid items (if any). The quantity for this bid loorn is shown for bid comparison only. This, bid item shell nor be SUbject to the *'25%" limit as stated !it Section 3-2 of the Standard Specifications, Me actua I amount for this item will be dictated by the actual quantity used, and the Agency rescrvc>s the tight to iocrease or decrease the quantity of this item accordintfly, t 'T'his bid itorn Is wasidevoll a Specialty Item per Section 2-3,2 of tile Standard Sp"ifications, QF,jNJPR0VEMEN,`jS AN[2,IjQUIQAjL`D UAM—AgE5' The undersigned bidder hereby proposes to complete the Work for the total base bid amoullt shown above, whirla after tile corrolienzoinaill date stated in the Notice to proceed, 'Fbe liquidated daniages amonlit, in fieu of the amount specified in Subsection 6-9 of the Standard Specifloations, shall be $I, 00 per Calendar day. Name Signal Title (If all till !ad and names of President, Secretary,'freasurer and Manager. thereof) N2 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: � PNJ\ (.UVICI(U(i C�I/J 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 I Unclassified Excavation* 550 CY $ ap $ 2 AC Pavement 130 TN $ DD$ ° a 2q, 700 3 PCC Sidewalk(T=4")" 17,000 SF $ b $ �o I��/vO0oa 4 PCC Curb Ramp 3,300 SF $ o ICj $ I{6( �6 5 PCC Curb and Gutter(Type A-2-8) 1,700 LF $ e58 $ ° (99, bon° 6 Adjust Pullbox to Finished Grade 4 EA $ . a ISrJ $ (0 (20 7 Root Shave* 71 EA $ $ ` 17.7 8 Tree Removal 15 EA $ o n I,�UO $ 9 Furnish and Install 24" Box New Zealand 4 EA $ o $ Christmas Tree (;i cJ(� z 0o 10 Adjust Manhole to Finished Grade — 2 EA $ a o $ „> 1 Traffic Control Work 1 LS $ $ 5, D Dou" 5, 0 U o 12 L,andseape(include new sod) and Irrigation 1 LS $11 $ Repair 5/ QUQ GJ I O0 U 13 Labor Agreement Oversight ILS $5,000 $5,000 P-1 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS 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 THIRTY (30) 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 WVV�-"1\C,3C'oyV ( Signature of BIDDER Title (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-2 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARI{ SIDEWALK IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm U1A C61 Signature of BIDDER Title CCACI'i II0 (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-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS 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: W -A CO,(f1 `4 ((AC f O Y� CO (`{7 � Business Address: OZ01 `�foo'e�,6',een C'/ Vauyi'Ecl c' qa 7� Business E -Mail Address: e 11 a�) U I Telephone: r�yr (06GI— 21 j State Contractor's License No. and Class:96123� S C-21) L-10AC-1Z License Expiration Date: 6/3 � / 18 State Dept. of Industrial Relations (DIR) Registration No.: 10f95C>005oy State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: P-4 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALI{ IMPROVEMENTS 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 CE,A C-ont? t"Ak ,oyi cote Signature of BIDDER Title rC4a�jAeO V (if an individual, so state) P-5 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE; ) SS: CITY OF SANTA ANA ) C/ -X A,A, L- 7 , 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 cc -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments forthe co -partnership by: who constitute the other members of the co -partnership. (CORPORATION That he is of: C"' �s I C d.viT#'G-i "T7 r .✓ C'- a corporation which is making the foregoing proposal: ❑ JOINT VENTURE e That he is of: yam.- J - k one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. �"'�Signature of Bidder Subscribed and �sworn nttoo before me this day of r(JMea 20 f 6 Signature of officer Administering Oath (Notary Public) ■ — - :,.T 1 t. SANGMAN GH Notary Public - California �- Los Angeles County It Commission N 2242935 My Comm. Expires Jun t4, 2022 www P-6 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: I6-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS BID BOND KNOW ALL PRESENT that, as BIDDER, and as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Dollars ($ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this day of 20—. BIDDER* SURETY* Subscribed and sworn to before me ,20--. this 20 -- Signature; Notary Public in and for the County of , State of this day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative, P-7 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS I:lIHK�LI�] Bond No.CSBA-8029 KNOW ALL PRESENT that, C.E.M. Construction Corporation 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 _ Ter Percent of Amount Bid Dollars ($ 1 o% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 12th day of June _'20 18. BIDDER* SURETY* 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. P-7 of P-16 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 Orange ) On June 12th. 2018 before me, Rudy Urieta, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom 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. nuoY ur3ierA {to- COid�M. fl2159S28 n p/,x/^c. :'i." - Notary PuUlic-California a � V '�ORANI',E COUNTY '� \ ,,.in�My Comm. Fxpiras1u114,2020 Signature Rudy Orieta Bond No. CSBA-8029 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 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: ***Shaunna Rozelle Ostrom, Michael Castaneda, Dwight Reilly, Daniel Huckabay, Arturo Ayala, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(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 acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolufions 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 two of the Chairman of the Board, the President, Executive Mce-President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(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 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 certificate 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 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 or Assistant Secretary this 6th day of February, 2017. BynNo'vb ctP+QANN'pfi Daniel Young,Senior Vice -President ,�d'r� •fie"P0 F p' t;1'Of* 1936 C) �. Mark Lansdon, Vice -President ", do.-*.... •> Lttcd ` ..•• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, _ Lucille Rnvmond Notary Public Dale Here Insert Name end Title of the effort personally appeared Daniel Young and Mark Lansdon Neme(e) of el8nehs) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacily(ies), and that by hislherlth ar agnature(s) on the instrument the person(s), or the entity upon behalf of 4LUCILLE RAYMOND which the persons) acted, executed the instrument. Commission #r 2081915 Notary Public - California �Z I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County n true and correct. My Comm. Expires Oct 13, 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature >y Lucllltyrrorl Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify 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 of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. ,. This Certificate is executed in the City of Irvine, California, This 12th day of June 2018. p•''�q4 ANI)eyo %.,, 0AI"I By ';`%"'''�"+%' ..m. w 1936 "' -frr n -r -no Cassle J rrisford Assistant Se tary"e�acPATS-1002(02117) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docu ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California q 1 County of Loi AO -2 k J} On �G / A o, IS before me, SaVI /l d Wn Oh Date--rr�� ere Insert Name and Title of the officer personally appeared JC'SUS C. G'Ki/i"c) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(* is/'ai_e subscribed to the within instrument and acknowledged to me that he/sig r8y executed the same in his/hsgAlTelr authorized capacity(ias), and that by his/herltheir signature(s#on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ` $ANGMAN OH 111 Notary Publle' California ll Los Angeles County � 7 Commission # 2242935 " My Comm, Expires Jun 14, 2022 w�.rs.r�ww Place Notary Seal and/or Stamp Above 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 Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: //2- Aj Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian of Conservator 02017 National Notary Association Iff"YAMOM berofPages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS 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: 1/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Yz% 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 License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. fl/Exp, License # _ Location Phone Type Of Work Amount $ ignature of Bidder Name License # DIR Reg, License h Location Phone Type Of Amount Name License k DIR Reg, License Location Phone Type Of Amount P-8 of P-16 Name 4V'V Name License #/Exp. License 4/Exp. DIR Reg. #/Exp. DIR Reg. 9/Exp. Location Location Phone Phone Type Of Work Type Of Work Amount $ Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. fl/Exp, License # _ Location Phone Type Of Work Amount $ ignature of Bidder Name License # DIR Reg, License h Location Phone Type Of Amount Name License k DIR Reg, License Location Phone Type Of Amount P-8 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS 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. 1. Ciao c>f (�Cranc��'�31 "To«a,nee 9Iy6,-foC(L-Ahc-e CQ Q650S Name and Address of Owner. Hyeycxnc� oh 31(�-Iol x-30 Name and Telephone Number of person familiar with project. J Nov -j775" Coric,ceEe. 5/6/1-/ Contract Amount Type of Work Date Completed 2, City A `Dia(ho ri, 'vrAC 2-1610 Cod/p fit: Vi0-YnUn(� C+ t CA ci(y&5 Name and Address of owner. SoVnA t3e_Swah qve�-$Zo-G7at-k Name and Telephone Number of person familiar with project. �N6!,'l9`i,aFjCohcr��-p-5+ZE5 F✓/Ito/l to Contract Amount Type of Work Date Completed s. C;4 \A a 9,C v V iVo fc,. to W5 I�asSons G Iva , C''Cc> Z vQcc-6r4 G ()66o Name and 'Telephone Number of person familiar with project. f� eb&(P& " Concve� /'ZA 17 Contract Amount Type of Work Date 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. ji�►�l�I►i AlN,>Lr!�{�y� -� Mtn QCA!5tCAd Cd0 719 -51 0 - I Z 5 Z.1 4CG v, CA P-9 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS 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. I. Coati r�Oif nnCe 033 'COMQ +eC &V6 �I�fCanC e 4C# qUr 3 2. Narne and Address of Owner. _Shin fUrult<awo•, 310-0I5-30-13 Name and Telephone Number of person familiar with project. Caviar-e.k e —10/1-1111 Contract Amount Type of Work Date Completed owner. Name and Telephone Number of7 person familiar with project. 1, 45 6'aS0 " S. Contract Amount Type of Work Date Completed 3. C -j l� CSF RyVV-,iCwi�i00 CA 12605 Nar and Address of owner. SyS� SiVn2nQ,�, h �I'-I-7��i-N%aI Name and Telephone Number of person familiar with project. b3q5aE3u0.g3 � ���� II 10.17 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. (^.5(3A Mt1�e act. +Okt,-eaC 71L4-51 Co -1232 144 tz rz, A-ovvfe Sk ->LA k-lek, ouxn -e o4 g2r?(m9 P-10 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARI{ SIDEWALK IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to 'fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of in C, C, f Subscribed and sworn to (or affirmed) before me on this 1 3 day of Jk-;.vd' , 20/J, by E QN-f-)? i L -C o , proved to me on the basis of satisfactory evidence to be the person(s) who appeared �before me Notary Public Signature Notary Public Seal SANGMAN OH Notary Public � Cilifornia € z ,' j• £ Los Angeles County L Commission X 2242935 My Comm. Expires Jun 14, 2022 P-11 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of'theSecretary of Labor, or as otherwise provided by law. P-12 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS 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 Mules, 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. Title: �(Z`Jt O� �u5 G(.t(I "r� (fJ Firm: UtA Date: i0 /I'/ / 143 P-13 ofP-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRI,LLOPARK SIDEWALK IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California_ Apprenticeship Council. Signed:yam" Title: wt)i�ey)A- :)ep.7✓.$�gf(1110 Firm: CR -A CQs1c7 f(A(Uoy7 C OCE Date: P-14 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title:'' ;5C�tS CGtrr ((G _ Firm: Cc" COV<<jfCcncF,oy7 Corp Date: tollzho P-15 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No �& If the answer is yes, explain the circumstances in the following space. / P-16 of P-16 City of Santa Ana Public Works Ross Annex - T 20 Civic Ceni Santa Ana, C/-,, Bid For PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS BIDDER: CEM CONSTRUCTION CORP. Eduardo J. Carrillo, M.S., P.E. 8207 Brookgreen Road Downey, CA 90240 SEALED BID — DO NOT OPEN WITH REGULAR MAIL I THE FINAL PREMIUM IS CITY OF SANTA ANA Bond No. 380214P PREDICATED ON THE FINAL CONTRACT AMOUNT BONDS PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that C.E.M. Construction Corporation 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 Three Hundred Seventy Three Thousand and 00/100 Dollars ($373,000.00 ), 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 October 2, 2018 for Proiect No. 16-6862 Cabrillo Park Sidewalk Improvements 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 famished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 12th day of October 2018 . 8207 Brookgreen Road CONTR * C.E.M. uction Cor oration Downey, CA 90240, (562) 659-8213 1 etc r C= C tk�ai=>GL v — PJ( &—zh&;.' /� 17771 Cowan, Suite 100 S TY* Dev%looers Suretv and Indemnity Comoanv Irvine, CA 92614, (800) 782-1546 Subscribed and sworn to before me, 20 Signature: Notary Public in and for the County of State of this day of Rats of premium on this bond is $ See Performance Bond per thousand. Total amount of premium charge is $ See Performance Bond . 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. 2 of 3 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 Ou On 10/12/2018 before me, Rudy Urieta, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom , 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. ]#r` L+4 '^ QGY..^.m(.ltiKliGa.?fA'T.�GSQ`a4.b:ryf RIIDY URIFTA A) WITNESS my hand and official seal. Ise cornet xzls9sza m ) � ,�,e Plotary Public. California � �5 �� QFiAPdGE CGUN7Y �� �C;cS My Comm Expires lul l�}, 2020 _ Signature (Seal) Rudy Urie a Band No. 380214P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 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: ***Shaunna Rozelle Ostrom, Michael Castaneda, Dwight Reilly, Daniel Huckabay, Arturo Ayala, Frank Morones, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(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 acts of said Altorney(s)-in-Fact, pursuantto these presents, are hereby ratified and confirmed, This Power ofAdorney is granted and is signed by facsimile under and by authority of the fallowing 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 two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President blithe corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(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 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 cedifcale relating thereto by facsimile, and any such Power of Attorney or cerlifcate 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 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 or Assistant Secretary this 6th day of February, 2017. By: r """` f �i .`" I AND, PA:Pd Daniel Young, Senior Vice-President,�¢�oaPorii�Fy': ,�N+Ot'ORtx f.1936 BY: :aJ�:Q9[IFORN3:'a1'e� iGe. Mark Landon, Vice -President 's,Ide............ •* ',,0,. "`;rA•o6x au,ppatik 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. Stale of California County of Orange On February 6 2017 before me, Lucille Raymond Notary Public Date Here Insert Name and 7 la of me officer personally appeared Daniel Young and Mark Lansdon Name(doielpon.) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in Nslhefteir authorized capacily(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the persons) acted, executed the instrument. Commission 4f 2081945 Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County true and correct. M�Comm, Expires Oct 13 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature t d �1 Lucille R yi ond, Notary Public CERTIFICATE` The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify 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 of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed In the Cityof tame California, this 12th day of October 2018, Oil pvq �No ,•, Q�,gnN4^�� rr _ W'1:04J Y 1 Z B Cassie J rri�AwstwtS, tory �*�.. 0 193b J ........... a ^5d ATS -1002(02117) "•a,,,,*Wil 'k CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California pp County of Los iny (k,I ' ,.s j t- On jO w-% ri1Cjg before me, �(rkogj� &'I 0h Date 11 re Insert Name and Title of the Officer' personally appeared S'u s R Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sj whose name(a) is/are-subscribed to the within instrument and acknowledged to me that he/she;6they executed the same in hishyal;1their authorized capacity(ies), and that by his/h2ttheir signatures) on the instrument the person(sr-or the entity upon behalf of which the person(s) acted, executed the instrument. IANGMANOH ...i5 Notary Public -California Los Angeles County *Commission # 2242935 My Comm. Expires Jun 14, 2022 J Place Notary Seal and/or Stamp Above 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 Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: t® Z 7(—)—/ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General &ia4 of Pages: I Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: 02017 National Notary Association Signer is Representing: THE FINAL PREMIUM IS CITY OF SANTA ANA Bond No. 380214P PREDICATED ON THE Premium: 6,595.00 FINAL CONTRACT AMOUNT BONDS PROJECT NO.: 16-6862 CABRILLO PARK SIDEWALK IMPROVEMENTS FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that C.E.M. Construction Corporation 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 Three Hundred Seventy Three Thousand and 00/100 Dollars ($373,000.00 ), 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 October 2, 2018 for Project No. 16-6862 Cabrillo Park Sidewalk Improvements if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 12th day of October , 2018 . 5207 Brookgreen Road V — r .eV /!la 17771 Cowan, Suite 100 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 $ 25.00/$15.00 per thousand. Total amount of premium charge is $ 6,595.00 To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. I of 3 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 On On 10/12/2018 before me, Rudy Urieta, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom , 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. RUDY URIETA WITNESS my hand and official seal. x comm #2159828 m Notary Public C ilifornla tt ORANGE COUN IY r' My Comm Expires lid 14, 2020 Signature (Seal) Rudy Urieta Bond No. 380214P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Dox 19725, IRVINE, CA 92623 (949) 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: ***Shaunna Rozelle Ostrom, Michael Castaneda, Dwight Reilly, Daniel Huckabay, Arturo Ayala, Frank Morones, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(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 acts of said Attorney(s)-in-Fad, pursuant to these 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 two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(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 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 certificate 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 SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective off cars and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017 By: ANo/ryQ'•., Op4P1ANYp:<' 2nielung, DeniorVice-President �gJQ; ,ovopi Fo on 1936 By: L,°�.a :�gcrFo P`vaa� Mark Lansdon, Vice -President 17a ........... jza,c '1rrz 5ff" u,nuo 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 On February 6 2017 before me, Lucille Ravmond Notary Public nate Here Insert Name and Tina of Na OHlcer personally appeared Daniel Young and Mark Lansdon Name(s) ofslynege) who proved to me on the basis of satisfactory evidence to be the person (a) whose names) is/are subscribed to the within Instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the Instrument the person (s), or the entity upon behalf of r+L►UrC.ILLE RAYMOND which the persons) acted, executed the instrument Commission #9 2081805 Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is Orange County n We and correct My Comm. Expires Oct 13 2015 WITNESS my hand and official seal. Place Notary Seal Above Signature _— _ Lucill� 13 y oll Notary Public CERTIFICATE u The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAnornay remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney are in force as of the date of this Certificate. 12th October 2018 This Certificate is executed m the Qty of Irvine California, this day of '�NANO, N "•., 41i'f'A y'O;e j'yJ��.•'�oPaoRsrFOF2i d� pRPi9,q'P .31936s�T a By Cassie J.' .rrisford, Assistant Sefthtary i o3, 7 o e f9a7 'a1 �gcrro.... .° °g Cm 1PcyP L ATS -1002 (02/17) '••, * W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 7789 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 1 County of LcSx A -q 'e kGs J} �^ (i On Q 2-0 � C� before me, `-=' Q`N3-�" f Q �f Non Pu, D to Here `Insert Name and Title of the Officer personally appeared � E SUS e (�(+y"l ((o Nome(s) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s? is/are subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/he/their authorized capacity(las), and that by his/he#fheir signature(s)'on the instrument the person(%, or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing sANGMAN oN is true and correct. Notary public - California paragraph VA Los Angeles County * Commission # 2242935 WITNESS my hand and official seal. My Comm. Expires Jun 14, 2022 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Document: M(t'tnty I YC't TVKy->`m+LA-- f�cv� r oo' Document Date: (6 I/(.)- / lot b Number of Pages: � Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer - ❑ Partner - ❑ Limite ❑ Individual ❑ Trustee 11Other: d Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator Signer is Representing: i.-...RaN e3�Laia•i cs� r rc .... �X--aw..:,-i<. ., x i, �a •-..cs:::o::.... M1;:rz.. ,�- .yr:.:•.ip,....,, 02017•Notary Association