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EBS GENERAL ENGINEERING, INC. (3)
Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder City of Santa Ana,Public Works Agency M22 III I llll II II I I I lIII II 11 I IIII II III II I III NO FEE 20 Civic Center Plaza,P.O.Box 1988 !* $ R JO 0 1 2 7 0 6 8 4 1 $ Santa Ana,CA 92�02 2021000238908 9:48 am 04/08121 340 414A N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY �Ar v h�1y `fit 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 e construction of OMNIBUS CONCRETE REPAIR under contract entered into on JUNE 30, 2020, with EBS GENERAL ENGINEERING, INC., on which contract SURETEC INSURANCE COMPANY is surety. The property on which such work improvement was o placed is in the City of Santa Ana, County of Orange, State of California, and described as z Project No. 20-6970 located: CITYWIDE. The work improvement on said property was accepted as completed on MARCH 31, 2021. .j O CITY OF SANTA AN A,A MUNICIPAL CORPORATION Lnv wo by f7rr z d Dated: q - 5 - Z l Principal Civil Engineer—Jason Gabriel TITLE O ---•-------------------------- ------------------------------------------------------------ 96 CCW44 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 on i t © , at Santa Ana,California (Signature of individuals caring that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION N INSURANCE NOT ON FILE WORK MAY `V NOT PROCEED CITY OF SANTA ANA CLERK OF COUNCIL CONSTRUCTION CONTRACT DATE: PROJECT 20-6970 PWR 1M.1 OvAt I OtTiAL)+A OMNIBUS CONCRETE REPAIRS This CONSTRUCTION CONTRACT is made and entered into this 29th day of june 2020 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 Repairs 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 Two Hundred Thousand Four Hundred Seventy Dollars and No Cents ($200,470.00) 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. 09/0112017 Page I 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. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA /'3DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By.. J N FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CONTRACTOR: EBS General Engineering, Inc. NAME: ` TITLE: Thomas Nanci, President Page 3 of 3 City of Santa Ana Page 1 Omnibus Concrete Repairs (20-6970), bidding on April 23, 2020 2:00 PM (Pacific) Printed 00I15/2020 Bid Results EXHIBIT A Bidder Details Vendor Name EBS GENERAL ENGINEERING INC Address 1320 E SIXTH ST STE 100 CORONA, CA 92879 United States Respondee THOMAS NANCI Respondee Title PRESIDENT Phone 951-279-6869 Ext. Email BIDSQEBSGENERAL.COM Vendor Type CADIR License # 720016 CA DIR Bid Detail Bid Format Electronic Submitted April 23, 2020 12:29:43 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation N 209043 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type EBS PROPOSAL EBS Proposal.pdf General Forms OWNERSHIP OWNERSHIP.pdf Ovmership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition BID BOND BID BOND.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition NON -COLLUSION NON-COLLUSION.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM City Unit Price Una Total Comment Section'! 1 Remove and Construct PCC Curb Ramp SF 350 $33.00 $11,550.00 2 Remove and Construct PCC Sidewalk (r=4") SF 11000 $10.72 $117,920.00 3 Remove and Construct PCC Curb & Gutter (A-2-6) LF 700 $65.00 $45.500.00 City of Santa Ana Omnibus Concrete Repairs (20-6970), bidding on April 23, 2020 2:00 PM (Pacific) Bid Results Type Item Code LI M City 4 Remove and Construct 6" PCC Driveway SF 500 5 Root Shave (As needed)' EA 20 6 Labor Agreement Oversight LS 1 Page 2 Printed M1512020 EXHIBIT A Unit Priee Line Total Comment U4.00 $7.000.00 $425.00 $8,500.00 $10,000.00 $10,000.00 SuMotal $200,470.00 Total $200,470.00 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS EXHIBIT A 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 eiehty (80) 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 $500 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER C--�z ' Title Thomas 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.) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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 PCC Curb 350 SF $ $ Ramp 33 11,550 2 Remove and Construct PCC Sidewalk 11000 SF $ $ (T=4") 10.72 117,920 3 Remove and Construct PCC Curb & 700 LF $ $ Gutter (A-2-6) 65 45,500 4 Remove and Construct 6" PCC 500 SF $ 14 $ 7000 Driveway 5 Root Shave (As -Needed) 20 EA $ $ 425 8,500 6 Labor Agreement Oversight 1 LS $10,000 $10,000 TOTAL BASE BID $ 200,470.00 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). P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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 eighty (80) 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 $500 per calendar day. Name of Firm EBS General Engineering, Inc. 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-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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 famish 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 —112 Title Thomas Nanci, President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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: 1345 Quarry Street, Ste 101 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: 3/31/22 State Dept. of Industrial Relations (DIR) Registration No.: 1000005295 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/20 �� Signed: `"`ice # Title: Thomas Nanci, President P-4 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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 JEngineering, Inc. Signature of BIDDER "`0-1 1 Title Thomas Nanci, President (if an individual, so state) P-5 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Thomas Nanci , being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the parry 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 ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed conti act, for himself or any other person. Signature of B dder Thomas Nanci, President day of Signature of officer Administering Oath (Notary Public) 20 _ 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 COUNTYOF Riverside } Subscribed and sworn to (or affirmed) before me on this 17th Date by Thomas Nanci Name of Signers day of April 2020 Month Year proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: Y dilil Ltili l cl — 9 gn tur�ary Public ,.. JESSICA LICEA Notary Public - California Riverside County Commission # 221'630 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 Pages: Signer(s) Other Than Named BOND #3—B CITY OF SANTA ANA PREMIUM: NIL PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS KNOW ALL PRESENT that, EBS GENERAL ENGINEERING, INC. ,as BIDDER, and SURETEC INSURANCE COMPANY ,as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 14TH day of APRIL 20 20 BIDDER* BY JUKLI T" SURETEC BY: Subscribed and sworn to before me , 20_. Signature: Notary Public in and for the County of DEL RIO N., #1450. SAN , State of .79-6869 CA 92108, (619) 400-4101 this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AGENT: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON ROAD, SUITE 201, ANAHEIM, CA 92807 (714) 921-0530 P-7 of P-17 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 17th day of April 2020 Date Month Year by Thomas Nanci Name of Signers proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: ✓ C1" ig ature of Notary Public ;.. JESSICA LICEA I < Nolay Public - California Riverside County iN± Commission # 2215630 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(5) 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 t 4th day of April 2020 by Spencer Flake e proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. .�-._ ERIN 9HERWOOD ' _ COMM. #229238a N a ` NOTARY PUBL!C CALIFORNIA YL2 ARY SEAL) N rii ORANGE COUNTY NOTARY PUBLIC SIGNATURE, Erin Sherwood MY CDMM EXFIRESJUYC8. 2023 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON TIES NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT When executing a jurat, a notary shall administer an oath of affirmation to the affiant and shall determine, from satisfactory evidence, that the affiant is the person executing the document. The affiant shall sign the document in the presence of the notary. p0A q: 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, Hams County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it 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-tn-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizanres, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2Vh 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 2eth day of September, A.D. 2018 . SURETEC CE PANY SVPANCtc', 31 C uvf' X 9 ;. By: Wow rD` John Jr.,C _ State of Texas ss: �� t 1 .y ,� 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, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seat; 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. [__�I.s P � _ rl tar r 1 of Texas !\ - -� 1 4 0-2o2J XenACWwvez, Notary Public dw commission expires September 1 P2020 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 14TH day of AP L 2020 A.D Br tt eaty, Assistant Secrete 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 PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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: 'h% 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 CL Surveying & Mapping License #/Exp. 8231 DIR Reg. #/Exp. 1000007166 Location Corona Phone 909-484-4200 Type Of Work survey Amount $ 4500 Name V&E Tree Service License #/Exp. 654506 DIR Reg. #/Exp. 1000001936 License # Location Orange Phone 714-997-0903 Type Of Work root shave Amount $ 7700 I17P0 1 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 $ -iFTiT 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 $ P-8 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 • See attached reference list Name and Address of Owner. 2. 3. Name and Telephone Number of person familiar Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. See attached reference list Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. See info on P-9 M11ndow CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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 Signed Thomas Nanci, President f California County of Subscribed and sworn to (or a before me on this day of , 20, by proved to the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal *AA-t<tehed P-11 ofP-17 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 17th day of April 2020 Date Month Year by Thomas Nanci Name of Signers proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: /t44/4 I /1i. Si naTture of Notary Public `+JESSICA LICEA Notary Public - California a Riverside County S .w Commission W 2215630 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 farm to an unintended document. Description of Attached Document Title or Type of Document: Document Number of Signer(s) Other Than Named CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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-12 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: C*n Title: Thomas Nanci, President Firm: EBS General Engineering, Inc. Date: 4/16/20 P-13 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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 ttttoo� the California Apprenticeship Council. Signed: `"1� , Title: Thomas Nanci. President Firm: EBS General Engineering, Inc. Date: 4/16/20 P-14 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Thomas Nanci, President Firm: EBS General Engineering, Inc. Date: P-15 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS 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-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1st, 2017. The CWA is available at http://www.santa- ana.org/pwa/documents/CWA.pdf. The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Signed: Title: Thomas Nanci, President Firm: EBS General Engineering, Inc. Date: 4/16/20 P-17 of P-17 2 YEAR REFERENCES — PUBLIC WORKS ct Name ,'2018 Arterial and Minor Streets Maintenance City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $2,376,001 7/2018 — 4/2019 Type of Work Street Maintenance: Minor PCC, Asphalt Grind & Pave, Adjust Utilities 2. Proiect Name Westminster Ave from Harbor Blvd. to Clinton St. & Clinton St. to Fairview St. Improvements City of Santa Ana Principal Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Dates $1,399,000 6/2018 — 2/2020 Tvoe of Work Street Maintenance: Minor PCC, Asphalt Grind & Pave, Adjust Utilities 3. Proiect Name Citywide Concrete Repairs FY 17/18 City of Temecula Principal Contact Phone Avlin Odviar, Sen. Eng. (951) 693-3969 Price of Contract Dates $301,290 6/2019 — 8/2019 Tvoe of Work Minor PCC — Curb & Gutter, Driveways, Sidewalk, Ramps, Cross Gutter 4. Proiect Name 17/18 SB-1 Maintenance and Traffic Improvements City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $2,394,435 7/2018 — 10/2019 Tvoe of Work Street Maintenance: Minor PCC, Asphalt Grind & Pave, Adjust Utilities 2 YEAR REFERENCES — PUBLIC WORKS Diect Name los Verdes Southbound Right Turn Lane at PCH Owner City of Redondo Beach Principal Contact Phone Didar Khander, P.E. (310) 318-0661 x 2456 Price of Contract Dates $219,570 10/2017 — 7/2018 Tvpe of Work Construction of Right -Turn Lane: Minor PCC, Asphalt Grind & Pave, Adjust Utilities 6. Proiect Name Citywide Pothole Repairs Owner City of Compton Principal Contact Phone John Strickland, Project Manager (310) 761-1422 Price of Contract Dates $960,000 4/2019 — 6/2019 Tvoe of Work Pothole Preparation, Asphalt Installation 7. Proiect Name 17/18 RTA Bus Pad Improvements Owner City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $987,900 8/2018 — 2/2019 Tvpe of Work Concrete Bus Pads at Various Locations S. Proiect Name Marine Ave Improvements Owner City of Manhattan Beach Principal Contact Phone Mamerto Estepa, Sen. Eng. (310) 802-5325 Price of Contract Dates $1,294,521 1/2019 — 7/2019 Tvpe of Work AC Paving & Minor PCC—Curb & Gutter, Driveways, Sidewalk, Ramps 2 YEAR REFERENCES — PUBLIC WORKS ct Name ential Street Repair Program & Alley Improvement Owner City of Santa Ana Principal Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Dates $874,300 6/2019 — on going Minor PCC — Curb & Gutter, Driveways, Sidewalk, Ramps, Cross Gutter 10. Proiect Name Street Pavement Repair Program Owner City of Newport Beach Principal Contact Phone Ben Davis, Civil Eng. (949)644-3317 Price of Contract Dates $422,630 2/2019 — 4/2019 Tvpe of Work Minor PCC, Asphalt Pave The Orange County Register 2190 S. Towne Centre Place Suite 100 'Anaheim, CA 92806 714-796-2209 5211379 CNSB / CNSB-ACCOMMODATIONS 915 E 1 ST ST ORDER EXPEDITING LOSANGELES, CA 90012-4050 FILE NO. 3358586 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; 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 Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true 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: 04109/2020, 04/16/2020 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: April 16, 2020. C, krcuUC Signature PROOF OF PUBLICATION Legal No. 0011377869 EatheGIIVENtht City of Santa Ana will re- ceive Bids electrani- Pihl etalds on or lie fore 2:00 m, April 23, 2020. No late bids will be aaepted. No other method of bid submit- tal will be accepted for: PROJECT NO.:20- 6970 OMNIBUSCON. CRETE REPAIRS All Plans and Specl- flcatlonsarenow oval table on Planet0ias. For further informa- tion an how to register as a vendor refer to: hffps://www.santa- 111111IIII111111111111111111111111111111IIIII1111111loll11111111111IIIII +A000005407994+ 1lef-1D1916 CITY OF SANTA ANA Bond #4440898 Premium: Included in BONDS Performance Bond PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that EBS General Engineering, Inc. as CONTRACTOR, and SureTec Insurance Company a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Seven Hundred Fifty Thousand Four Hundred Seventy and no cents Dollars ($ 750,470.00 ), 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 for Omnibus Concrete Repairs 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 20th day of November , 2020 . * EBS General En ineerin Inc. 1345 Quarry Street, Suite 100 Corona, Ca 92879 (951) 279-6869 omas Nanct, resident 3131 Camino del Rio N Charles L. Flake / Attorney -in -Fact Subscribed and sworn to before me, 20_ Signature: Notary Public in and for the County of , State of San Diego, CA 92108 (619)400-4100 this day of Rate of premium on this bond is $ Included in Performance Bond per thousand. Total amount of premium charge is $ Included in 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. Authorized Representative Culbertson Insurance Services, Inc. 5500 E. Santa Ana Canyon Road, Suite 201 Anaheim, CA 92807 (714)921-0530 2of3 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 23 day of November , 20 20 , by Thomas Nanci proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. CRISTINA WHITCHER Notary p05C • California Riverside County Commission C 2326305 My COMM, Eaolrq Apr W. 202a (Seal) Signature �' 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 swom to (or affirmed) before me on this loth day of November 12020 by Charles L. Flake proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. OTARY SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION ERIN SHERWOOD COMM. #2292388 u� g m6D� µ NOTARY PUBLIC-CALIFORNIA� w ORANGE COUNTY MY COMM. E%PIRES dULY O6, 2023 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. PICAq 510123 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the Slate of Texas and having Its principal office In the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having Its principal administrative office In Glen Allen, Virginia, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis Their true and lawful agent(s) and attorney(s)-in-fact, each In thelrsaparate capacity If more than one Is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or Jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of anyone such instrument executed hereunder shall not exceed the sum of: Ten Million and 00/100 Dollars ($10,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby Is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named In the given power of attorney, to execute In behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 26ih day of mey •2020. SureTec Insurance Company S�RAgOG, Michael C. Kein9g, President Commonwealth of Virginia .»•'°"'�'""" County of Henrico SS: s�ss'unan",4pi Markel lnsurd ce Company °05 SEAL ppl= is �'pvrrr�lr"t*yv` - ,1 By: R in Russo, Senior Vice President Onthis26ih dayof Mar • 2020 A.D., before me, a Notary Public of the Commonwealth of Virginia, In and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, tome personally known to be the indlviduals and officers described in, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the sold companies aforesaid, and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were Holy affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding instrument is now in force, d ppp,,rotor",, of", iIN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed mrbffi f:seaFatttthe typf W®rrlcq the day and yearfirst above written. OtttJJJ:.,o�PRY Glt e. \ �> MY Ci•; C y J COMMISSION RY: n NUIVBF_R S J= Donna Donavant, Notary Public " j•• 70$3968 c� Mycommisslon expires 1/31/2023 Zo �Q�4•�. .•�Q_ We, the undersigned Officers of SureTec Insurance Company and MarkerlrsrT fiy �C rp�d'r0y dQ4itray certify that theoriginalPOWER OF ATTORNEY of which the foregoing Is a full, true and correct copy Is still In full force and effect and haOrricAlfntefUryokbIa. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 20th dayof November 2020 _Sur_&iIMlnan Markel Insurance Company y By. v / ✓ �..<.,.-.... B � _ Richard R. Grinnan, VIce President as , ary Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. 510123 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. CITY OF SANTA ANA Bond #4440898 Premium:$7,036 BONDS PROJECT NO.: 20-6970 OMNIBUS CONCRETE REPAIRS FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that EBS General Engineering, Inc. as CONTRACTOR, and SureTec Insurance Company a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Seven Hundred Fifty Thousand Four Hundred Seventy and no cents Dollars ($ 750,470.00 ), 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 for Omnibus Concrete Repairs , 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 20th day of November , 20 20 . �rR* EBS General Engineering, Inc. 1345 Quarry Street, Suite 100 Corona, Ca 92879 (951) 279-6869 Thomas Nanci, President reTec Insurance Comoanv 3131 Camino del Rio N., #1450, San Diego, CA 92108 (619) 400-4100 Charles L. F�rakc�'rAttorney-in-Fact Subscribed and sworn to before me, 20 Signature: Notary Public in and for the County of , State of this day of Rate of premium on this bond is $ 10.8/$6.53 per thousand. Total amount of premium charge is $ 7,036.00 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. Authorized Representive Culbertson Insurance Services, Inc. 5500 E. Sants Ana Canyon Road, Suite 201 Anaheim, CA 92807 (714)921-0530 1 of 3 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 23 day of November , 20 20 , by Thomas Nanci proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. .` — -- CRISTINA WHITCHCR Notary Public • Callfornia ■ Ri""Ide County F Commission M 2326305 My Comm, EXPO" Apr 10, 2024 (Seal) Signature a t/ " 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 loth day of November 120 20 by Charles L. Flake , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ERIN SBERWOOO a COMM. #2292388 � g NOTARY PUBLIC - CALIFORNIA � (NOTARY SEAL) y ORANGE COUNTY NOTARY PUBLIC SIGNATURE MY COMM. EXPIRES JULY 06, 2023 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIMD 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 affant 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 (91 6) 484 0804. POAN 510123 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having Its principal office In the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having Its principal administrative office In Glen Allen, Virginia, does by these presents make, constitute and appoint: Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis Their true and lawful agent(s) and attorneys) -In -fact, each in their separate capacity If more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or Jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereundershall not exceed the sum of: Ten Million and 00/100 Dollars ($10,000,000.00) This Power of Attorney is granted and Is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may he attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute In behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 26le dayof May .2020. SureTec Insurance Company �ORApO ej By S _'"' W1W q `2 v a, Michael C. Keimig, pres4ident Commonwealth of Virginia County of Henrico SS: Markel Insura ce Company `pxS�RAIyO,(x ?SEALTMc3° BAR�.S`!!/, %F5!R xrrrrlb nHPvx,, Senior Vice President On this tam day of mey tom A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Hendee, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, tome personally known to be the Individuals and officers described in, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding instrument is now In force, d01 t54411 1 ror^a IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed m,Jimahatph8 G%tywf Hanrico, the day and year first above written. :2 MY COMMISSION - By:�^---� - r7 ; NUMBER t ¢ a O Donna Donavant, Notary Public •, 7083968 .D My commission expires 1/31/2023 We, the undersigned Officers of SureTec Insurance Company and MarkeYy�;u'ipCt(,rfiy d6Nierby certify that the original POWER OF ATTORNEY of which the foregoing Is full, true and correct copy is still In full force and effect and haSfygtrtfotetrd rPypk�d. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 20th dayof November 2020 Sur ec Insur ce C pan Markel Insurance Company v M. Br t Beaty, Assistant Secrets Richard R. Grinnan, Vice President a"Meco cry Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. 510123 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.