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HomeMy WebLinkAboutEBS GENERAL ENGINEERING, INC. (2) 1 i/--- Recording Requested By, And When Recorded Mail To: Clerk of the Council,City of Santa Ana Recorded in Official Records, Orange County 20 Civic Center Plaza,P.O.Box 1989 Hugh Nguyen, Clerk-Recorder Santa Ana,CA 92702 I IIII 111�11 III 1JlII Jill 1111 IJJI 1111 11]llI[IIIII Jlll 111I 11111 NO F E E $ R 0 0 1 1 1 5 5 5 b 5 $ * 201900037094810:20 am 09126/19 62 41S N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 �p NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused ca construction of OMNIBUS CONCRETE "PAIR under contract entered into on 02/05/19, with EBS General EnPinecring, Inc. on which contract Suretec Insurance Company is surety. The property on which such work improvement was placed is in the City of Santa Ana, County oof Orange, State of California, and described as Project No. 16-6864 & 18-6864 located at: CITY v z WIDE. The work improvement on said property was accepted as completed on 09/13/19. zw o CITY OF SANTA ANA, A ICIPAL CORPORATION by w Dated: Senior Civil Enizineer—Michael Ortiz Z --------------------------------------------------------- TITLE -------------------------- a � o a VERIFICATION W I, the undersigned, say: I am the Deputy Public Works Director/Construction Services -Tyrone Chesanek 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. ff a Executed on 'SiW =* 26, Zo '` , at Santa Ana, California (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION THE REGISTER 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: OMNIBUS CONCRETE REPAIR I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or Interested in the above 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 11/1911905, 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: 10/1512018,10122/2018 Executed on: 1012212018 At SANTA ANA,CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. CNS#: 3184216 is GIVEN lty of will Bids via on or tour of pm, S, 2018. will be a}bid fill be call Division Public Pre- possess or obtain a valid California Class "A" Contractor's license. Bid Proposal uar scanned ca of the Bld Praposor Guaranty shall be uploaded to PianelBids alone wth pro act bid. Bid Proliml Guaranty shall be in the form of a cashier's or certified check Payable to the City of Santa Ana, or Bid Bond issued by a corporate surety In an amount not (ass than ten percent (10%) of the bid aggregate, as a guarantee that the This space for I'ling stamp only f MAYOR MOW A. PWW MAYOR PRO TBf MICNIS MW*WZ COUWNLMEMBERS P. DrAl0erwwides vl on6e Serngeft dean $abAo SM Tm*m Juan VE"n CITY OF SANTA ANA PLANNING & BUILDING AGENCY . 20 cMc canter Plan 0&2D) P.O. BOX 1966 . Same Ana, CaW ernis 92702 (714) 607--2700 • Fax (714) 973-1461 WWW.eanta-woorg POSTED DEC 0 5 20% CITY MANAGER RNA GodM I CRY ATTORNEY Sorge R. Carvalho CLERK OF THE COUNCIL Marie D. FNrier 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 :A P.O. Box 238 20 Civic Center Plaza W20 Santa Ana, CAS2702 Santa Ana, CA 92702 Project Title: Omnibus Concrete Repair Project pate of Approvak 12/05/2018 i ProjectNumber(s): PWA2016-1837-CITY PWA-2018-1837-CITY PWA-2018-1837-CITY I ocaltioNx 1 C*VIde (Partial) C1iy Santa Ana County: Orange ER Number: ER-2018-138 t Project Description: The construction will include the Replacement of defective sidewalk, curb and gutter and the installation 0 of wheelchair ramps. Applicant Name: Jason Gabriel, City of Santa Ana M-36 Applicant Address: City of Santa Ana SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Gabriel, Jason Exempt Status: Ministerial (Sec. 16268) fl Declared Emergency (Sec.16269(a)) 0 Emergency Project (Sec.15269 (b through a)) 0 General Rule (Sec. 15061(b)(3y(5)) 0 Statutory Exemption: 8 CategoricalExamption: 15301(b) Reason(s) Why Project Is Exempt From CE61A: 15301(b) consists of repaidmaintenance of existing public facilities. Recorded in Official Records, orange County Hugh Nguyen, Clerk -Recorder No FEI I�III{N{IIII0NIIIIINInIIIINIINIIININI{IlIIN0�IIININN 201885001322 2:53 Pm 12/05/18 376 $04 Z01 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 City Contact- Jason Gabriel Telephone: (714) 647-5664 Signature: / Titles 4Si,14.4Y1 E i4.ew Date: tL/V / 8 �yf{�r'wp• 'S SANTA ANA CRY COUNCIL NOrwAPuWdp I eAbnNaMrawz liYrcara aerrnl.rde I Jan sebvk I P. DeWd BanaW a ..ersnvaena. sal Tlne}ro Mega hnTae,Wad2 wedf Wads WW44 wads Wrdd ® APR 2. 9 2019 fi vJ A Cl) 9 0 t, (_+IILIYK kLL CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECTS 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT This CONSTRUCTION CONTRACT is made and entered into this 5m day of February, 2019 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: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Omnibus Concrete Repair 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 One Hundred Forty-one Thousand Two Hundred Forty Dollars and No Cents ($141,240.00), 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. 09ro1/2017 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.org/pwa/documents/CWA.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 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. 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 fist above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JON FUNK Assistant City Attorney FOR APPROVAL: 7 FUAD Public Woks s Agency CITY OF SANTA ANA Steven A. Mendoza Acting City Manager CONTRACTOR: EBS General Engineering Inc. Z. Z4, JOSEPIfA. NANCI President Page 3 of 3 ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENER.0 EN GYNEERING, INC A CALIFORNIA CORPORATION M of the Board of Directors of EBS General Engineering, Inc., desiring to insure that all the proper and authorized individuals, 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 Nanci is hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind, obligate and commit EBS General Engineering, Inc. to any and all contracts executed by and beoverat EBS General Engineering, Inc. and any other coatracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DW,,CTORS Date: January 3, 2010 4,loseptanei, ATTESTATION 11 being the Secretary of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation. Dated: 0/ Josr anci, Secretary CITY OF SANTA ANA PROPOSAL EXH I BIT A PROJECT NOS.: 16.6864 AND 18.6864 OMNIBUS CONCRETE REPAIR PROJECT 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 rewired 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 l Remove and Construct 4" PCC 3,300 SF $ $ Sidewalk 10 33,000 2 PCC Grinding 60 LF $ 50 $ 3,000 3 Root Sbave 60 EA $ 500 $ 30,000 A Remove and Construct Curb and 290 LF $ $ Gutter (A-2-6) 65 18,850 5 Remove and Construct PCC Curb 20 LF $ $ And Gutter (A•2.8) 65 1,300 6 Remove and Construct PCC Curb SO LT $ $ (B-1) 65 3,250 7 Remove and Constrict PCC Curb 3,300 SF $ $ Ramp 12 39,600 P-6 ofP-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.; 16.6864 AND f 8.6864 OMNIBUS CONCRETE REPAIR PROJECT Item Description Qty Unit Unit Price Amount 8 Remove and Construct 6" PCC Driveway 1,020 SF $ 12 $ 12,240 TOTAL BASE BID S 141,240.00 The lowest responsible bidder shall be selected based on the total erase 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 atuou nt 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 2µ3.2 of the Standard Specifications. O O PI TI PR UII "D M GES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (100) working daus 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 $200 per calendar day, Name of Firm EBS General En i cerin Inc. Signature of BIDDER z Title President (If an hidividual, so state. If a firm or oo-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-7 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT INSTRUCTIONS TO BIDDERS FOR PROPOSAL SUBMISSION INTENT OF PROPOSAL The purpose of this Proposal is to identify a Prime Contractor to enter into a contract with the City of Santa Ana, referred to as AGENCY, to complete the Work shown on the Contract Documents. The intent of this project is to make citywide concrete repairs. The repairs have already been identified and listed in Appendix G. PROPOSAL The Proposal shall be submitted in accordance with the Notice Inviting Bids and shall be accompanied by the following documents: 1. Bid Proposal 2. Bidder's Statement 3. Contractor's Licensing and Registration Statement 4. Prevailing Wage Compliance and Monitoring Statement 5. Ownership Affidavit 6. Bid Bond 7. List of Sub -Contractors 8. References 9. Additional References 10. Non -Collusion Affidavit 11. Non -Discrimination Certificate 12. Statement Regarding Apprenticeship Requirements 13. Statement Regarding "Anti -Kickback" Requirements 14. Public Contract Code Section 10162 Questionnaire The Proposal may be considered non -responsive if any of these documents or forms is not included. The bid package shall be submitted as instructed in the Notice Inviting Bids. It is the BIDDER'S responsibility to ensure submittal of their Proposal on PlanetBids. CALIFORNIA STATE LABOR CODE As outlined in the Notice Inviting Bids, this project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. BIDDERS are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code. Per Section 171.4.a.2, Contractors are required to post job site notices, as prescribed by regulation. EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents including the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed. P-1 ofP-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT DISCREPANCIES AND MISUNDERSTANDINGS No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents including the Plans and Specifications shall be called to the attention of the AGENCY as a Request for Clarification and addressed prior to the submission of bid proposals. REQUESTS FOR INTERPRETATION OF CONTRACT DOCUMENTS Requests for interpretation must be submitted online through PlanetBids and received at least five (5) days prior to the bid opening date. Answers to questions will be posted online for all interested bidders to review. Bidders who have downloaded bid documents by the time that the questions are responded to will receive an automated email notifying them of additional information and/or addendums that have been posted to the website. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the documents will be made only by an Addendum. ADDENDA All addenda issued during open bid advertisement periods will be posted on PlanetBids and shall become part of the Contract Documents. Before submitting a Proposal, each BIDDER is responsible to be aware of addenda issued via PlanetBids. WITHDRAWAL OF PROPOSAL A Proposal may be withdrawn by submitting a written request signed by the BIDDER. Such requests must be delivered to the AGENCY'S Public Works Agency Executive Director prior to the bid -opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee which shall remain in effect for 60 days after opening bids. The withdrawal of the bid proposal will not prejudice the right of the BIDDER to submit a new bid proposal, providing there is time to do so, or to submit a new bid proposal if the is a rebidding of the same project. BID PROTEST Any bid protest must be submitted in writing to Executive Director of Public Works Agency, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business day following bid opening. Bid protests sent via mail or overnight carrier must be received by the AGENCY by 5:00 pm of the 5th business day following bid opening in order to be deemed timely. Hand delivered protests must be provided to the receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the Contract Document which forms the basis for the protest. c. The protest shall include the name, address, and telephone number of the person representing the protesting party. P-2 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other BIDDERS or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. If staff is aware a protest has been filed prior to the opening of bids, the AGENCY shall announce at bid opening who such parties shall be. e. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee by the I Oth business day from receipt of protest. All interested parties may appear and offer testimony at this bid protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staffs determination of proposed low BIDDER is arbitrary and capricious, or unsupported by substantial evidence in the record. f. All BIDDERS are advised that if you challenge the AGENCY's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at or prior to the public hearing. g. The Executive Director of Public Works or designee will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. h. The procedure and time limits set forth in this paragraph are mandatory and are the BIDDER's sole and exclusive remedy in the event of Bid protest, and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. BID PROPOSAL The definitions for Bid Items that are identified in the Bid Proposal form are provided in Appendix A. The AGENCY will check each bid item unit price and amount for all the bids submitted. In case of a discrepancy between the correct product of the quantity multiplied by the unit price and the subtotal amount entered by the BIDDER, the correct unit price shall prevail and the product will be correctly accordingly. In case of a discrepancy between the correct sum of the individual subtotal amounts and the total bid amount entered by the BIDDER, the correct sum shall prevail. If a unit price is not legible or is missing, the amount for that contract bid item shall be divided by the quantity to arrive at the unit price. The bid total shall be corrected and the results shall be considered as representing the bidder's intention. Proposals in which the prices are obviously unbalanced may be rejected. If a Bid contains discrepancies that make it difficult or impossible to determine the bidder's intention, then such Bid may be considered unresponsive, in which case the bid may be rejected. P-3 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The time for completion of this project, and the liquidated damages amount when/if the time for completion is exceeded, is included in the Bid Proposal Section of these Contract Documents. BIDDERS STATEMENT In accordance with Section 7028.15(e) of the Business and Professions Code, a licensed contractor shall not submit a bid to the public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations made therein are made under penalty of perjury. Any bid not containing this information or a bid containing information, which is subsequently false, shall be considered non -responsive and shall be rejected by the public agency. Format for these statements are included in the Bid Proposal section of these Contract Documents. In accordance with the Section 3300 of the California Public Contract Code, the Agency has determined that the BIDDER shall possess a license in the classification specified in the Notice Inviting Bids. OWNERSHIP AFFIDAVIT An Ownership Affidavit is required to be completed and submitted with the Bid Proposal. A form is provided in the Bid Proposal section of these Contract Documents. PROPOSAL GUARANTY Each bid shall be accompanied by a Proposal Guaranty as instructed in the Notice Inviting Bids AND PlanetBids. A sample Bid Bond is included in the Bid Proposal Section of these Contract Documents. LIST OF SUB -CONTRACTORS The State of California Public Contract Code requires listing of all subcontractors who intend to perform work which is %z % of the bid or $10,000 (streets, highways and bridge projects), whichever is greater, or '/z % of the bid (buildings, parks, or other projects). A form for this information is provided in the Bid Proposal section of these Contract Documents. REFERENCES/ADDITIONAL REFERENCES BIDDER shall include a list of three public agencies for which BIDDER has performed similar work within past three (3) years, and three public agencies for which BIDDER and/or his Subcontractor has performed similar work within the past five (5) years. A form for this information is provided in the Bid Proposal section of these Contract Documents. NON -COLLUSION AFFIDAVIT In accordance with Title 23 United States Code Section 112 and Public Contract Code 71.06, the AGENCY shall require all bidders to execute and submit a non -collusion affidavit with the Bid Proposal. A copy of the Non -Collusion Affidavit is provided in the Bid Proposal section of these Contract Documents. NON-DISCRIMINATION CERTIFICATE Attention is directed to Section 1735 of the California Labor Code, as added by Chapter 643, Statutes of 1939, which reads as follows: P-4 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 1420, and every contractor for Public Works violating this Section is subject to all penalties imposed for a violation of the Chapter." A copy of the Certification of Nondiscrimination by Contractors is provided in the Bid Proposal section of these Contract Documents. STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS Bidders shall be familiar with the requirements of Section 1777.5 of the California State Labor Code regarding employment of apprentices and shall submit a Statement Regarding Apprenticeship Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents. STATEMENT REGARDING "ANTI -KICK -BACK" REQUIREMENTS Bidders shall be familiar with, and shall agree to comply with, the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3), and shall submit a Statement Regarding "Anti -Kickback" Requirements with the Bid Proposal. A copy of the Statement is provided in the Bid Proposal section of these Contract Documents. CONSTRUCTION CONTRACT AGREEMENT. BONDS & INSURANCE The Construction Contract Agreement, Sample Bonds and Insurance Requirements are all included as appendices in the project Contract Documents. Following authorization by City Council to award a Construction Contract, written notification will be given by the AGENCY to the successful BIDDER who will, within ten (10) business days, submit to the Agency the completed and signed Construction Contract Agreement, a Performance Bond, a Payment Bond, and evidence of Worker's Compensation Insurance. Failure to execute a contract and submission of acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of contract award and the forfeiture of the bid proposal guarantee. No contract shall be binding upon the AGENCY until it has been completely executed by the Contractor, approved by the City Attorney, and executed by the AGENCY. After the AGENCY executes the Contract and approves the bonds and certificates of liability insurance, the AGENCY will send the successful BIDDER a copy of the fully executed Construction Contract Agreement. RETURN OF PROPOSAL GUARANTIES Within ten (10) days after the award of the contract, the AGENCY will return the proposal guaranties, other than Bid Bonds, except any guaranties that have been forfeited. P-5 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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 Remove and Construct 4" PCC 3,300 SF $ 10 $ 33,000 Sidewalk 2 PCC Grinding 60 LF $ 50 $ 3,000 3 Root Shave 60 EA $ 500 $ 30,000 4 Remove and Construct Curb and 290 LF $ 65 $ 18,850 Gutter (A-2-6) 5 Remove and Construct PCC Curb 20 LF $ $ And Gutter (A-2-8) 65 1,300 6 Remove and Construct PCC Curb 50 LF $ $ (B-1) 65 3,250 7 Remove and Construct PCC Curb 3,300 SF $ $ Ramp 12 39,600 P-6 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT Item Description Qty Unit Unit Price Amount 8 Remove and Construct 6" PCC 1,020 SF $ 12 $ 12,240 Driveway TOTAL BASE BID $ 141,240.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (100) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $200 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER z 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-7 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 101 limb Iif.Y,�Y:VYYIJAYI�Y1 BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to 'BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm EBS General Engineering, Inc. Signature of BIDDER Z ' Title Joseph A. Nanci President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-8 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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: 1320E Sixth St., Ste 100 Corona CA 92879 Business E-Mail Address: bids ebsgeneral.com Telephone: 951-279-6869 State Contractor's License No. and Class: 720016 A License Expiration Date: 3/31/20 State Dept. of Industrial Relations (DIR) Registration No.: 1000005295 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/19 Signed: Title: President P-9 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm EBS General Engineering, n iinng eering, Inc. Signature of BIDDER G Title President (if an individual, so state) P-10 ofP-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Joseph A. Nanci , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. .,CORPORATION That he is of; EBS General Engineering, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the he/she has been 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 gamst the City of Santa Ana or any person interested in the proposed contract, fob himself oriy other person. Signature to before me this i1 M day of �� w 20 y D Administering Oath (Notary Public) K�FAIRWEAT ER Notary Public - California z 'a@MY Riverside County ziCommission # 2149313 Comm Expires Apr 21, 2020 P-I1 ofP-21 CTI'Y OF SANTA ANA BOND #3—B PROPOSAL PREMIUM: NIL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT KNOW ALL PRESENI'that, EBS GENERAL ENGINEERING INC as BIDDER, and SURETEC INSURANCE COMPANY as SURETY, are held and firmly bound Lurto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 31ST day of OCTOBER 2018. BIDDER* EBS GENERAL ENGINEERING INC. BY: _ 1320 E. SIXTH ST., #100 Joseph .Nanci, resident CORONA, CA 92879 (951) 279-6869 y SURETY* 3131 CAMINO DEL RIO N., #1450 CHARLES L. FL -AXE, ATTORNEY -IN -FACT SAN DIEGO CA 92108 -- -- (619) 400-4100 Subscribed and sworn to before me this day of , 20_ Signature: Notary Public in and for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD., #201 ANAHEIM, CA 92807 (714) 921-0530 P-12 of P-21 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 31 ST day of OCTOBER 20 18 by CHARLES L. FLAKE proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. LEXIE SHERWOOD COMM, # 2203287 3 (NOTARY SEAL) g NCYANY PUBLIC. CALIFORNIA a NO ORANGE COUNTY Y PUBLIC SIGNATURE Comm. Exp. JULY 27, 2021 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 afflant and shall determine, from satisfactory evidence, that the affiant is the person executing the document. The affmant 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 } COUNTYOF Riverside On November 2, 2018 before me, Date Public, personally appeared Joseph Nar Name(s) of Signer(s) K. Fairweather 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 that the foregoing paragraph is true and correct. K. FAIRWEATHER WITNESS my hand a .d Official seal. a� =u Notary Public -California Riverside County y z Commission # 2149313 My Comm. Expires Apr 21, 2020 Signat are: ------------------ ------------------------------------------- OPTIONAL ------- --------------------- -- ---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document 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: POAft: 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 ono12020 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 fail 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 am day of August , A.D. eon . �1 _.0011„!,minx.. SURETEC BY£sTT ZaF C.M4ANY By: State of Texas ss: County of Harris On this Sth 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 time thereto by like order. Jq'NY Ppe, XENIA CHAVEZ °n's Notary Public, State of Texas 'c� Comm. Expires 09-10-2020 °0 0„ ���` Notary ID 129117559 XPt Notary Public My 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 31 ST day of OC B Rt 2018 , A.D . B nt Be y, 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. CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% 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 Non License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work 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 #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-13 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Culbertson Insurance Services: 5500 E. Santa Ana Canvon Rd., Ste 201 Anaheim CA 92807 14-921-0530 Invensure Insurance Brokers: 17991 Cowan Irvine CA 92614 (949) 756-4100 P-14 of P-21 3 YEAR REFERENCES — PUBLIC WORKS ct Name 12017 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 Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $984,925 Minor Concrete, Street Improvements 4/2016to 10/2016 4. Proiect ADA Access Improvements Del Cerro/Burma Rd Entrance to PV Nature Preserve Proiect 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 5. Project FY 15/16 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 ProjectAddress 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 6/2016 to 7/2016 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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 Arnount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. See info on P-14 P-15 ofP-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS,: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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 certificatio may subject the certifier to criminal prosecution. f� Signed Joseph A. Nanci, President State of Ca�i orpia County of U'l Cl Subscribed and sworn to (or affirmed) before me on this . �� day of O� Q , 20A by , proved to me on the basis of satisfactory evidence to be the person(s),Whb appeared before me Signature Notary Public Seal yy����rrrrrr-+,Pr ublic K. ATHER No4ary Public - California -ro s Riverside County n _ Commission # 2149313 My Comm. Expires Apr 21, 2020 P-16 of P-2t CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-17 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: z -- Title: President Firm: EBS General Engineering, Inc. Date: 11/1/18 P-18 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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: z Title: President Date: P-19 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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: z Title: President Firm: EBS General Engineering, Inc. Date: 11/1/18 P-20 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT 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 V If the answer is yes, explain the circumstances in the following space. P-21 of P-21 c3 IS-=J Tara[ afiinwnq, ia, 1320 E. SIXTH, SUITE 100 • CORONA, CA 92979-1700 - Teo (951) 279-6669 • FAX: (951) 279-66392 City of Santa Ana j Public Works Agency, M-22 20 Civic Center Plaza; Ross Annex 3rd Floor Santa Ana CA 92701 Attn. Victor 6o SEALED BID BOND FOR: Omnibus Concrete Repair Project No. 16-6864 & 18-6864 IN THE CITY OF SANTAANA DO NOT OPEN WITH REGULAR MAIL BOND# 4424741. PREMIUM: $2,034 CITY OF SANTA ANA BONDS PROJECT NO.: 16-6864 & 1.8-6864 FAITHFUL PERFORMANCE 130ND KNOW ALL MEN BY THESE PRESENTS that EBS GENERAL ENGINEERING, INC. as CONTRACTOR, and SURETEC INSURANCE COMPANY a corporation, organized and existing under the laws of the State and duly authorized to transact * TEXAS business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of ONE HUNDRED FORTY-ONE THOUSAND TWO HUNDRED FORTY & 00/100 Dollars ($ 141, 240.00 ), 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 FEBRUARY 5TH, 2019 foe OMNIBUS CONCRETE REPAIR , 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 8TH day of FEBRUARY , 20 19 ., 1320 E. SIXTH STREET, STE. 100 * VS GENERAL ENGINEERING, INC., CORONA, CA 92879 (951) 279-6869 BY:1�� ENCER FLAKE,ATTORNEY-IN-FACT Subscribed and sworn to before me, 20 Signature: Notary Public in and for the County of State of fi DIEGO this day of Rate of premium on this bond is $ 14.40 per thousand. Total amount of premium charge is $ 2,034 . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and Me name, title, address, and telephone number of authorized representative. AGENT: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD. #201 ANAHEIM, CA 92807 (714) 921-0530 1 of 3 CALIFORNIA JURAT 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 Subscribed and sworn to (or affirmed) before me on this 14 day of __February _, 2019 Date Month Year by Joseph Anthony Nanci Name of Signers proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: Sganodure of Notary Public 1ES51CA LICEA A Notary Public - California Riverside County 7 Commission #2215630 q My Comm. Expires Oct 21,2021 Seal Place Notary Seal Above --------------------------------------------------- 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 Signer(s) Other Than Named Above 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 8TH day of FEBRUARY 120 19 by SPENCER FLAKE proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (NOTARY SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION Cell;ERIN A, 611ERWOOD Commission # 2118628 e tik ' E Notary Public -California ' n Orange County My Comm. Expires Jul 6, 2019 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. eonn: 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-in4act, 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 Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested withfull 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 fullpower 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-Factshall 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, l999.) 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 2eth day of September , A.D. 2018 . q. A P, SURw7ic PANY 14, X * i�a. By; wfw ,vF State of Texas ss:,County of Harris •• 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, diddepose 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; that he 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; and that he signed his name thereto by like order. �p N� "+ YLNA CNAVEL p . notary t �nhc StAto of JeXas ;^a. F'*:. �.,u r:omu hu,rn ens v9502020 ',r�,i„a" Notary IiJ 7'1Dt17D00 Xen*crrwvez, Notary Public ,_ commission expires September 1 , 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this STH day of F UARY 201 A.D, Br t. eaty, Assi Cant Secreta 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 5:00 pm CST. CITY OF SANTA ANA BONDS PROJECT NO.: 16-6864 & 18-6864 PAYMENT BOND BOND# 4424741 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 *TEXAS 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 HUNDRED FORTY-ONE THOUSAND TWO HUNDRED FORTY & 00/100 Dollars ($ 141, 240.00 ), 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 FEBRUARY 5TH, 2019 for OMNIBUS CONCRETE REPAIR , if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 5TH day of FEBRUARY 20 19. 1320 E. SIXTH STREET, STE. 100 CONTRACTOR* EBS GENERAL ENGINEERING, INC., CORONA, CA 92879 951__279-686 DELRION., #1, 619) 400-4100 ,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 $ INCLUDED IN PKUD1 ,MCE BOND per thousand. Total amount of premium charge is $ INCLUDED - IN PERFOR7ANCE'& NDTo be filled in by Surety *Provide CONTRACTOR I ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AGENT: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD. #201 ANAHEIM, CA 92807 2 of 3 (714) 921-0530 CALIFORNIA JURAT 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 Subscribed and sworn to (or affirmed) before me on this __14 _ day of Febru�1y__, 2019 Date Month Year by Joseph Anthony Nanci Name of Signers proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: Si nature of Notary Public ww 1E551CALICE� Notary Public-Czlifornla M. Riverside County Commission 8 2215630 b My Comm. Expires Oct 21, 2021 Seal Place Notary Seal Above ---- 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 Number of Signer(s) Other Than Named 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 8TE day of FEBRUARY 20 19 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 # 2118628 z ? - Notary Public - California z ," Orange Courty n (NOTARY SEAL) NOTARY PUBLIC SIGNATURE My Comm. Expires Jul 6, 2019 + OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BYLAW BUT MAYBE 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-ln-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 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 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 authorizedofficer 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 whichit 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 CEO, and its corporate seal to be hereto affixed this 28th day of September , A.D. 2018 . 5 RAN,F SURETEC I"CFPANY `CO By._ w al John Kq, Jr., C State of Texas ss: �7 , d ra. ; z_g ((/ County of Harris ,k 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, diddepose and say, that he resides in Ilouston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; andthat he signed his name thereto by like order. �:.r �,v m `�I ILIA .�hIpr7FL Notary f uhln St +tP of fexas ' � V ,�i�n}111 �N.O,i e9 i7a 1'12.n2p I •' �''� rii u� Notary l:? 17r'li 9 7869 Xe ' avez, Notary- Public �_f commission expires September 1 , 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true andcorrect 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 dayAof I BRUARY 2019 A.D, eaty, Ass! tank Seer eta 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) 8124800 any business day between 8:30 am and 5:00 pm CST.