HomeMy WebLinkAboutEXCEL PAVING COMPANY (MISCELLANEOUS STORMDRAIN REPAIRS) ca3
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 II I I III IIII III 11111
I�111I
I I IIIII 1111111111111
NO FEE
Ill��
20 Civic Center Plaza,P.O.Box 1988
Santa Ana,CA 92702 * $ R 0 0 1 3 1 5 5 3 1 7 $ *
2021000565545 8:38 am 09/10/21
63 RW11A N12 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
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a
municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana,
California, 92701, is the owner of the property hereinafter described, that said owner has caused
construction of MISCELLANEOUS STORMDRAIN REPAIRS under contract entered into
M AUGUST 25TH, 2020, with EXCEL PAVING COMPANY, on which contract FEDERAL
uc 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
o z Project No. 21-6458 located at: VARIOUS LOCATIONS. The work improvement on said
c g property was accepted as completed on JANUARY 21,2021.
-a g
0 �
v CITY OF SANTA W,A MUNICIPAL CORPORATION
WO
L By
C7 Z
a Dated: Principal Ci 1 Engineer—Jason Gabriel
TITLE
U y
----------- ----------------------------------------------------------------
W
a
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� 9 �� ,at Santa Ana,C ' ornia
City Engineer— in Galvez
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
OCT 0 g 2020
0'. QWQI (2) WGtuv) ,rA
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 21-6458
MISCELLEANOUS STORMDRAIN REPAIRS
This CONSTRUCTION CONTRACT is made and entered into this 2 day of , 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 Excel Paving
Company. (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 famish 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 Miscellaneous Stormdrain 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 One Hundred Thirteen Thousand Six Hundred
Dollars and No Cents ($113,600.00), 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 1 of 3
4. CONTRACTOR agrees to complete the WORK OF R PROVEMENT 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 m 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: hn://www.santa-ana.orpjpwa/documents/CWA.12
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%)
of the Contract price to guarantee payment of all claims for labor and materials famished (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.
10. INDEMNIFICATION: To the fullest extent allowed by law, CONTRACTOR and its Subcontractors
hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and
commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively
referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability,
claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury,
including death to any person or damage to any property, arising directly or indirectly from, or in any
manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower
tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier,
either on the project site or on other properties;
Page 2 of 3
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, property damage or economic loss to third persons related to and
arising from the performance or nonperformance by CONTRACTOR or its Subcontractors
of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in
all subcontract documents issued by CONTRACTOR.
However, nothing contained herein shall be construed as obligating CONTRACTOR to indemnify any
Indemnitee for losses resulting from the gross negligence or willful misconduct of the Indemnitees.
CONTRACTOR shall pay CITY for any costs incurred in enforcing this provision. Nothing in the
Contract Documents shall be construed to give rise to any implied right of indemnity in favor of
CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year fast above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Assistant City Attorney
RECO , INDED FOR APPROVAL:
k "� I Q/ih
NABIL SABA, PE
Executive Director, Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
Excel Paving Company
/` ap
N .
IfFLE: Curtis P Brown III President
Page 3 of 3
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCEL LANEAOUS STORMDRAIN REPAIRS
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
PALP, INC 08A
FROM: EXCEL PAVING COMPANY
12 I�
EXHIBIT A
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
famish 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
2323 N GRAND AVE SINKHOLE
I
LS
$
$
AND STORMDRAIN REPAIR
6( ,6"
T a+
2
1504 E SANTA CLARA AVE PCC
1
LS
$
$
STORMWATER CULVERT REPAIR
1 4?1 ig ov
3
700 E 17Ta ST PCC STORMWATER
I
LS
$
$
INLET REPAIR
b y
I
4
3001 S BRISTOL IT PCC
I
LS
I
$
STORMWATER INLET AND
1q�
^ �,
SIDEWALK REPAIR
Y
5
104 E 1n IT PCC STORMWATER
1
LS
$
$
INLET REPAIR
TOTAL BASE BID $ C1 C3, -�i0
ADD ALTERNATE BID ITEMS
Item
Description
Qty
Unit
Unit Price
Amount
1
2063 ORANGE AVE PCC
STORMWATER CULVERT REPAIR
I
LS
I`��7j4a
ly Z�pq
TOTAL BID (BASE BID + ADD ALTERNATE)
P-1 ofP-17
CITY OF SAWA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458 EXHIBIT A
MISCELLANEAOUS STORNIDRAIN REPAIRS
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.
# 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 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 $I80 Eer N
day.
Name of Firm EXCEL PAVING COMPANY
Signature of BIDDER
Title Qurtis P. Brown III President
(If an individual, so state. If a firth or co partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
PAO; INC t7BA
EXCEL PAVING COMPANY
Curtis P. Brown III President and Chief Executive Officer
David A. Drukker Vice President and Chief financial Officer
Marcia S. Miller Secretary
Cdssa A. Phillips Asst. Secretary
P-2 ofP-17
CITY OF SANTA ANA
BONDS
PROJECT NO.: 21-6458
Bond Number: K40144481
KNOW ALL MEN BY THESE PRESENTS that PALP Inc. dba Excel Paving Company
as CONTRACTOR, and Federal Insurance Company
a corporation, organized and existing under the laws of the State, and duly authorized to transact
business under the laws of the State of California, as SURETY, are held and finely bound unto
the City of Santa Ana, as AGENCY, in the penal slim of One hundred thirteen thousand six hundred and 00/100
Dollars
($ 113,600.00 ), 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
September 2, 2020 for Miscellaneous Storm Drain 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
11th day of September 2020 .
CONTRACTOR* PALP Inc. dba Excel Paving Company 2230 Lemon Avenue, Long Beach, CA 90806
Douglas A —Rapp, AAorney in Fact ' ' Rapp
Subscribed ang sworn to before me,
Sg�ke"tx 201P
Signature:
i
Notary PuZinandor the County of
I�I Vantis,gwc_eslu{teeri+, Aliso Viejo, CA 92656; 949-54M770
F' a l this Jf _ day of
State of
Rate of premium on this bond is $ 625.00 per thousand.
Total amount of premium charge is $ varies . 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.
1 of 3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
-validity of that document.
State of California
County of Orange
On September 11, 2020
before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person(-&) whose names) is/are
subscribed to the within instrument and acknowledged to me that he%� executed the same in
his/4@09@K* authorized capacityEies), and that by hisR,om4hei; signature(* on the instrument the
person(s), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature , s c.J� AJ•
OEBRASWANSON
(V :g�1`'•F��f�.
�
COMM. # 2170
0 "eri
NOTARY PUBLIGCALIFORNIA �
� % sLe
ORANGE COUNTY N
°^�""
(Seal)
MV COMM. EXP. N0410, 2020
Chubb PuWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 16 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07069
Know All by These Presents, That FEDERAL
COMPANY, a New York corporation, and PACIFIC IN
appoint Douglas A. Rapp and Timothy D. Rapp
Ina corporation, VIGILANT INSURANCE
corporation, do each hereby constitute and
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other wnlings obligatory In the nature thereof (other than ball bonds) given or executed in the course of business, and any
Instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these
prpresents and affixed their corporate seals
an this 16th day of December, 2011.
Kenneth C. Wends , Assistant Secretary !� _�auld'B, No�JrVlmesident J /
STATE OF NEW JERSEY
County of Somerset as.
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personallycame Kenneth C. Wendel, tome
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Paver of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By. Laws of said Companies; and that he signed said Power of Aftomey as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr, and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Nome. Jr., and was thereto subscribed by authority of said By.
Laws and in deponent's presence.
Notarial Seal KATHERINE J. ADELAAR
NOTARY PU6UC OF NEW 21ISM�C—D
No-2316665 / _.COMMWion Expires July 16, 2014
Notary Public
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
-All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or Vice President or an Assistant Vice President, Jointly with the Secretary or an Assistant Secretary, under their respective deslgnadons. The
signature of such officers may be engraved, printed or lithographed The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or faCBlmile seal shall be valid and binding
upon the Company and any such power so executed and'aardfied by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which tt is attached!
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
One'Componlesl do hereby candy that
(1) the foregoing extract of the By- Laws of the Companies is true and correct,
VI) the Companies are duly licensed and authorized to Transact surety business In all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department, further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed In
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(ili) the foregoing Power of Attorney is true, correct and In full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 11th day of September, 2020
Kenneth C. We V el, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903. 3666
e-mail: surety@ohubb.com
Form 15-10- 0225B- U (Ed. 5- 03) CONSENT
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On
before me, C. Phillips , Notary Public,
(Isere insert time and title of the officer)
personally appeared Curtis P. Brown III
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/9e subscribed to
the within instrument and acknowledged to me that he/We/tVy executed the same in his/*/tltdir authorized
capacity(ies), and that by his/l*tlg signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
C. PHILLIPS
".., . _ COMM, #2170177 N
e Notary Public•California u
LOS ANGELES COUNTY
My Comm. Expires Oct 29, 2020
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or desorption of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form ifrequired.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the names) of document signers) who personally appear at the time of
notarization.
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hadshelthey— is /ere) or circling the correct forms. Failure to correctly indicate this
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Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county chak.
Additional information is not required but could help to engine this
acknowledgment is not misused or attached in a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
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• Securely attach this document to the signed document
C 2004-2015 Pmtivk Siang Service, Inc. - All Rights Reserved vmm:TheProLmkmm - Nalnuxade Notary Service
CITY OF SANTA ANA
BONDS
PROJECT NO.: 21-6458
Bond Number: K40144481
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that PALP Inc. dba Excel Paving Company
as CONTRACTOR, and Federal insurance Company
a corporation, organized and existing under the laws of the State, and duly authorized to transact
business under the laws of the State of California, as SURETY, are held and firmly bound unto
the City of Santa Ana, as AGENCY, in the penal sum of one hundred thirteen thousand six hundred and 00/100
Dollars
($ 113,600.00 ), 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, j ointly
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
September 2, 2020 for Miscellaneous Storm Drain 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 famished,
or time for completion made pursuant to the terms of the contract documents shall not in any
way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived
by SURETY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this
11th day of September , 20 20 .
CONTRACTOR* PALP Inc. dba Excel Paving Company 2230 Lemon Avenue, Long Beach CA 90806
SURETY* Federal Insurance Company 202B Halls Mill Road, Whitehouse Station, NJ 08889
908-903-3493
Douglas A. Rapp, Attorney in Fact Rapp Su�,ty & psu c Services, Inc. 120 Vantis Drive, Suite 300, Aliso Viejo, CA 92656; 949-540-6770
Subscribed and sworn to before me, l.U�ls Brown Ill President this 1L_day of
b,e 20 2-0.
Signature:
Notary Publi in and for the County of State of
Rate of premium on this bond is $ Included in Charge For Performance Bond per thousand.
Total amount of premium charge is $ . To be filled in by Surety
*Provide CONTRACTOR I ADMITTED SURETY name, address, and telephone number and the
name, title, address, and telephone number of authorized representative.
2 of 3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
-validity of that document.
State of California
County of Orange
On September 11, 2020
before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(* is/are
subscribed to the within instrument and acknowledged to me that he/ehe4k" executed the same in
his/*@Aheir authorized capacity(tes), and that by hisAar,4heir signature(* on the instrument the
person(&), or the entity upon behalf of which the person(&) acted, executed the instrument_
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature 'Ib - � - '\C/V\
(Seal)
DEBRASWANSDN
N COMM. # 2170759 X
NOTARY PUBLICGCAUFORNIA;D
im ORANGE COUNTY N
Chubb POWERCompany
Federal Insurance Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
ollat�es
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California--------- ----- -------------- ----------- -------------------
each as their true and lawful Attorney- In- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given or executed In the course of business, and any
Instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16th day of December, 2011,
Kenneth C. Wends, Assistant Secretary 1 d . Norris, Jr., Vice President
STATE OF NEW JERSEY `
as.
County of Somerset
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, tome
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is In the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -
Laws and in deponent's presence.
.Notarial Seal KATHERINE J. ADELAAR
F� NOTARY PUBLIC OF NEW JFRSFI
C
pA;No. 2316685Ug��Gav'Comfnialort ExpiresJDly 14, 20)4
q Notary Public
y J�Q
-- CERTIFICATION
Extractfrom the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vim President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in. Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and'certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the "Companies') do hereby certify that
(0 the foregoing extract of the Sy- Laws of the Companies is true and correct,
01) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rioo and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(111) the foregoing Power of Attorney is We, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 11th dayof September, 2020
y _a
erelANP .rra f4,£M Yap~V .G.Ca ,���iAw1a'_I/�
a.. �AJKennem C, We el, Assistam Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903.3493 Fax (908) 903. 3656
e-mail: surety@chubb.com
Form 15-10. 02256-U (Ed. 6.03) CONSENT
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On ('e 1 I min before me, C. Phillips , Notary Public,
(Here insert name and title of the officer)
personally appeared Curtis P. Brown III
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/fl;k subscribed to
the within instalment and acknowledged to me that he/O%/dAy executed the same in his/1R /tWir authorized
capacity(ies), and that by his/44,Vtl* signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY TTTE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partuer(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
O. PHILLIPS
COMM,#2170177 ro
Notary PubliaCalifornia
LOS ANGELES COUNTY a
(Notary Seal) '__ My COMM, Erplres Oct 29, 2020
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California most contain verbiage exactly as
appears above in the notary section or a separate acknowledgment farm must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this farm ifrequired.
• State and County information most be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public most print bis or her name as it appears within his or her
commission followed by a comma and than your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they,- is tare ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must Oct cover text or lines. If seal impression smudges, m-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
S Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document m the signed document
CAM-2015 ProLWc aigwng SeMce, Inc. —All Rights Reserved www.ThePmLink.com—Nationwide Notary Service
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN REPAIRS
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
PALP, INC 09A
FROM: LXCEL PAVING COMPANY
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
2323 N GRAND AVE SINKHOLE
1
LS
$
AND STORMDRAIN REPAIR
2
1504 E SANTA CLARA AVE PCC
1
LS
$
STORMWATER CULVERT REPAIR
; V O�
1 �Ot7
3
700 E 17TH ST PCC STORMWATER
1
LS
$
$
INLET' REPAIR
ke
4
3001 S BRIST'OL ST PCC
1
LS
$
$
STORMWATER INLET AND
SIDEWALK REPAIR
5
104 E 1ST ST PCC STORMWATER
1
LS
$
$
INLET REPAIR
4q-+W
I Gi I q
TOTAL BASE BID $ 1 t3, -2�
ADD ALTERNATE BID ITEMS
Item Description Qty Unit Unit Price Amount
1 2063 ORANGE AVE PCC 1 LS $ $
STORMWATER CULVERT REPAIR % p '
TOTAL BID (BASE BID + ADD ALTERNATE)---
P-1 of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN REPAIRS
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 eighty (89) working daM 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 380 per calendar day.
PALP, 08A
Name of Firm EXCEL PAVING COMPANY
zi
Signature of BIDDER
Title Ourtis P. Brown III 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&p, INC I)BA
EXCEL PAVING COMPANY
Curtis P. Brown III President and Chief Executive Officer
David A. Drukkar Vice President and Chief Financial Officer
Marcia S. Miller Secretary
Ness A. Phillips Asst. Secretary
P-2 of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN 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 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 certifiep�rr�W%pennallty of perjury that the foregoing is true and correct.
Name of firm EXCELINP"AVINAAG COMPANY
Signature of BIDDER
Title Curtis R'Brown 111 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.)
pALP !NO WA
EXCEL PAVING COMPANY
Curtis P. Brown III
President and Chief Executive Officer
David A. Drukker
Vice President and Chief Financial Officer
Marcia S. Miller
Secretary
Crissa A. Phillips
Asst. Secretary
P-3 ofP-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECTNO.: 21-6458
MISCELLANEAOUS STORMDRAIN 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:
LOTOMMITIM
Business Address: LONG BEACH CA 90806
Business E-Mail Address: satbAfinaMesavina,asi
Telephone: 562) 699-6841
STATE LIC# 688659
State Contractor's License No. and Class: A C:12, C31
License Expiration Date: Y%a h U40!22
State Dept. of Industrial Relations (DIR)
Registration No.: k n 0 ot"1f)sn
State Dept. of Industrial Relations (DIR)
Registration Expiration Date: ( 7?b Z02 Z
Signed:
Title: Curtis P. Brown III President
P-4 of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO,: 21-6458
MISCELLANEAOUS STORMDRAIN 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, or 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 ceilRE t�J, Moregoing is true and correct.
Name of Firm (EXCEL PAVING COMPANY
Signature of BIDDER
Title Curtis P. Brrxffn III President
(if an individual, so state)
P-5 of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN REPAIRS
OWNERSHIP AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF SANTA ANA )
Curtis P. Brown Ill 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
PFEgif�ALP, IN- 08A
nvuf EXCEL PAVING COMPANY
a corporation which is making the foregoing proposal:
❑ JOINT VENTURE That he is of:
one of the parties making the foregoing proposal as ajoim venture, and the he/she has been
and is duly vested with the authority to execute instruments for an on behalf of the parties
making said bid who are:
that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion
to secure any advantage against the City of Santa Ana or any person interested in the proposed
contract, for himself or any other person. Curtis P. Brown III
_91L- President
ature of Bidder
Subscribed and sworn to before me this day ofAUG 14 ?R?0 20
Signature oTofficeqdministering Oath (Notary Public)
PHILLIPS
COMM, #2170177 n
' Wary Public -California m
LOSANOELESCOUNTY a
COMM. Expires Oct 29, 2020
P-6 of P-17
MY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6455
MISCELLANEAOUS STORAIDRAIN REPAIRS
P 17 SiWIC
KNOW ALL PRESENT that,
PALP Inc. dba Excel Paving Company ....... , ,, as BIDDER, and
... Federal -Insurance .Corn_.P.;tUX.w..............._...,,.,.,.,,,.....,...,...,.,_..::::::::::.:..:...._.........J,._::.._ > as SURETY,
are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _
Fen percent of (hG total amount of the bid .Dollars ($:..10% ._. ), which is ten percent (100/0)
of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of
which sun, 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
7th day of August , 2020 .
1310 t "
Federal Jnsurance Company 202E Halls Mill Road, Whitehouse Station, NJ 0888B
Rapp Surety aids. Services, Inc., 120 Verne Dr., Suite 300, Aliso Viejo, CA 92656 949-540-6770
Subscribed and sworn to before me this day of
, 20L-.
Signature: r.,...__........,_.._.___.,. ,......._
Notary Public in and for the County of , State
" Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address,
and telephone number of authorized representable.
P-7 ofP-17
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On August 07, 2020 before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
Who proved to me on the basis of satisfactory evidence to be the person* whose name* is/are
subscribed to the within instrument and acknowledged to me that he#OieFigey executed the same in
his/HeW#teir authorized capacity(ies), and that by hisAepAheir signature(s) on the instrument the
person(e), or the entity upon behalf of which the persona) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ►., .�L0x-IkAfjA-
-
DEBRASWANSON
N WP COMM. # 2170759 ;0
-s. NOTARY PUBLIC-CALIFORNIA�
Q' = ORANGE COUNTY N
^N MY COMM. EXP. NOV 10.2020 N
(Seal)
Chubb . _.._._ ......,........,.......,.,..,.,,,rat., ....... ,._._., ...,r.,,....,..,.
OF Vigilant insurance Company 15 Mountain View Road
', Surety ATTORNEY pacific Indemnity Company Warren, NJ 07069
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a Now York corporation, and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Allso Viejo, Galitil6mia--•- — — --• --• - �- --- - .....
each as their hue and lawful Atomey- in- Feot to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
themen or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed In the ocurse of business, and any
Instruments amending cr ahedng the same, and consanls to the modification w alteration of any Instrument retarred to In said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 161th day of December, 2011.
Kenneth C. wends ,Assistant Satre ry oma, Jr„ Ice res en
STATE OF NEW JERSEY'
ss.
county Of Somerset
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to to Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swam, did depose and say that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney Are such corporate seals and were thereto affixed by auUwnty of the By. Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signabrre of David S. Norris, Jr., subscribed to said Power of Attorney is In the genuine handwriting of David S. Nants. Jr„ and was thereto subscribed by authority of said By
Laws and In deponenl's presence.
Notarial seal KATHERINE J. ADEL4AR
NOTARYtW.2 NEwJFR6Ff
No�
.23161G665
Commbtbh Exp)res July 14., 2014
CERTIFICATION
Exbaatfrom fhe By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY.,
"AII powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assailant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of Such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President any Vice President any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power or attorney or to any
eartntcam relating thereto appointing Assistant $comfort" or Attorneys- In. Fact for purposes only of executing end attesting bonds and undertakings and other
writings obligatory In the nature thereof, and any such power of ahomay or certificate hearing such ftmindle, signature or facsimile seal shall be valid and binding
upon the Company and any such Power w executed and'Wrtiged by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached,'
I, Kenneth C, Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
one 'Compar lest' do hereby country mat
(1) the foregoing extract of the By� Laws of the companies is uua and correct,
01) the Companies are duly licensed and authorized to transact surety business In all fig of the UNEad States of America and the District of Colombia and are
authorized by the U.S. Ticasuny Department further, Federal and Vigilant are licensed In Puerto RICO and me U.S. Virgin Islands, and Federal is licensed In
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(110 the foregoing Power of Attomey is We, correct sortie full force and aifoet.
Given under try hand antl seals of sold Companies at Warren, NJ cis 7th day of August, 2020
z�f•r��'.
ennem C, Wadflal, Assistant eoretary
N THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3493 Fax (908) 9D3. 3666
Form 15110. 02266-U (Ed. 6-03) CONSENT
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A noterypublic 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 Los Angeles
On AUG 19 1070 before me, C. Phillips,
(Here insert name and
personally appeared Curtis. P_ Brown III
Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ e subscribed to
the within instrument and acknowledged to me that he/sIk1t)4y executed the same in his/Xr/tb& authorized
capacity(ies), and that by hisA*/d* 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.
_S
C.PHILLIPS
.axr,S�`.•,' COMM. #2170177 m
WITNESS my hand and official seal. LL� .- Notary Public -California w
LOS ANGELES COUNTY u
Mycomm. Expires Oct 29, 2020
Signedvn of Notary me (Notary Seat)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACTI'Y CLAQvMD BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustw(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage esacity as
appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that docianent. The only exception is tf a
document is to be recorded outside of California. In such instances, any allerna&e
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not regrdre the notary to do something that is illegal far a nervy in
California (i.e. cern)ymg, the authoried capacity of the signer). Please check the
document cumfully for proper notarial wording and attach this form itrequired.
• state and County information must be the State and County when; the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
commissionfollowed by a comma and then your title (notary public).
• Pnnt the name(s) of document signer(,) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
hNshclgwj—is /are) or circling the conect forms. Failma to coreeay indicate this
information may lead to rejection of document recording.
• The notary seal Impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature an file with the office of
the county clerk.
P Additional int'ormation is not required but could help m insure this
acknowledgment is not misused or attached to a different document
o, Indicate title or type of attached document, number ofpages and date.
S Indicam the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Serely attach this document to the signed document
C zoaalots Pmlmk Sigvug5emre,l�. -All niel+v aeaevm ww.]hePro[.mkcom-NvrauxMe NotarySeM¢
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6455
MISCELLANEAOUS STORMDRAIN 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: %% of the bid or $10,000, whichever is greater
o Buildings, parks, or other projects: '/2% of the bid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State
Department of Industrial Relations (DIR).
BIDDER proposes to subcontract certain portions of the work to the firms listed below:
Name
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 $
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 #/Exp.
DIR Reg.#/Exp.
License #
Location
Phone
Type Of Work
Amount $
Curtis R Brown III
Sigp tureofBidder President
P-S of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO,: 21-6458
MISCELLANEAOUS STORMDRAIN REPAIRS
SCM MTACNdrD
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.
Name and Address of Owner.
Name and Telephone Number of person familiar with project.
Contract Amount Type of Work
2.
Name and Address of owner.
Name and Telephone Number of person familiar with project,
Contract Amount
3.
Name and Address of owner.
Date Completed
Type of Work Date Completed
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.
�RA(��ltiNt�xD,
Vt�,ro G
Ewa o CMo
P-9 of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.; 21-6458
MISCELLANEAOUS STORMDRAIN 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.
Name and Address of Owner.
2.
3.
Name and Telephone Number of person familiar with project.
Contract Amount Type of Work Date Completed
Name and Address of owner.
Name and Telephone Number of person familiar with project.
Contract Amount Type of Work Date Completed
Name and Address of owner.
Name and Telephone Number of person familiar with project.
Contract Amount Type of Work
Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from
whom BIDDER intends to procure insurance and bonds.
� l �-1, A'kAS
�0-Q
OWA
(p110
P-10 of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN 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 sbam 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 mak#ig a false certification may subject the certifier to criminal prosecution.
Signed
sa
Curtis R Brown III
State of California
County of LOS ANGELES
4 �p10
Subscribed and orn to (or affirmed) before me on this 031 day of 20_, by
Curtis P. Brown fiT proved tome on the basis of satisfactory evidence to be the person(s)
who appeared before me
Notary Public ignature
Notary Public Seal
C. PHILLIPS
COMM.#2170177 n
14Notary
Public -California¢
LOS ANGELES COUNTY n
My Comm. Expires Oct 29. 2020
P-11 ofP-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN REPAIRS
NON-DISCRIMINATION CERTIFICATE
The undersigned contractor or corporate officer, during the performance of this contract, certifies
as follows:
The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without, regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
3. The Contractor shall send to each labor union or representative of workers with which he/she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
S. 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
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN REPAIRS
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:
Title: Curtis P. Brown III President
PAL
Firm: EXCEL PAVING COMPANY
Date: AJif, t 4 ?07.0
P-13 of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN 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:
1. 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.
I. 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 amoLmt or upon the same basis and in the same
manner as the other contractors, except contractors not signatory to the trust agreement shall
pay alike amount to the California Apprenticeship Council.
Signed:
rtis R Brown III President
Title:
Firm: EXCEL PAVING COMPANY
Date: A(JQ 14 70 n
P-14 of P-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STOR.MDRAIN REPAIRS
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: W
C—U
is P. Brown 111 President
Title:
PALP, INC DBA
Firm: E-XGF� ppy� iNr COMPANY
Date: AUG 1.4 7 O
P-15 ofP-17
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCFLLANEAOUS STORMDRAIN REPAIRS
PUBLIC CQNITRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete,
under penalty of perjury, the following questionnaire:
Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a
proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from
bidding on, or completing a federal, state, or local government project because of a violation of
law or a safety regulation?
Yes. No
If the answer is yes, explain the circumstances in the following space.
't)\Pl
P-1.6 of P-19
CITY OF SANTA ANA
INSTRUCTIONS TO BIDDERS
PROJECT NO.: 21-6458
MISCELLANEAOUS STORMDRAIN REPAIRS
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 1, 2017. The CWA is available at:
hitp://www,santa-ana.ore/ wu a/documents/CWA:ndf
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:--••-_.. V
Title: Rllr6ls P. Brown III President
PALP, INC OBAtv1 '( Title: - Pal n BAN Date: AUCI 14 7110
P-17 of P-17
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