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HomeMy WebLinkAbout23A - PROJ - RESIDENTIAL STREET REPAIRREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2016 TITLE: OF WASHINGTON SQUARE RESIDENTIAL STREET REPAIR FY 2015 -16 (PROJECT NO. 16 -7523) {STRATEGIC PLAN NO. 6, 1B, 1G} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For �— CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Reject all bids received on December 1, 2015, for construction of the Washington Square Residential Street Repair Project, due to required federal funding documents that were not included. 2. Award a contract to EBS General Engineering Inc., the lowest responsible bidder, in accordance with the base bid of $984,925 for construction of the Washington Square Residential Street Repair Project, and authorize the City Manager and Clerk of the Council to execute the contract, subject to nonsubstantive changes approved by the City Manager and City Attorney. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,231,157, which includes the contract base amount, administration, inspection, testing, and an authorized contingency of $98,493. DISCUSSION The City's Residential Street Repair Program supports efforts to rebuild neighborhood streets throughout the city that are in need of repair. Approval of this action will provide for construction of residential street repairs within the Washington Square Neighborhood. The recommended local street segments are deteriorated due to weather, age, and heavy usage, and have been identified as a high priority by the City's Pavement Management System (Exhibit 1). The project consists of replacing damaged concrete roadway panels and repairing concrete curbs, gutters, sidewalks, cross gutters, and curbs ramps. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the neighborhood. The Washington Square Residential Street Repair Project is funded by Community Development Block Grant funds. When the project was originally advertised for bids on November 13 and 18, 2015, the specific federal documents required for this funding were inadvertently omitted from the 23A -1 Contract Award For Construction of Washington Square Residential Street Repair FY 15 -16 February 2, 2016 Page 2 bid package. As a result, the bids opened on December 1, 2015, were incomplete. Therefore, to keep the project eligible for the programmed federal funds, rebidding was necessary. The project was advertised again on December 8 and 15, 2015, and bids were opened on December 30, 2015. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 14 Contractors requesting bidding documents 10 Bids received 4 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID AMT 1 EBS General Engineering Inc. Corona $984,925 2 Hardy & Harper Inc. Santa Ana $1,111,000 3 Excel Paving Inc. Long Beach $1,287,142 4 CS Legacy Construction, Inc. Pomona $1,333,253 Four bids were received and considered responsive, with EBS General Engineering Inc. submitting the lowest responsive bid (Exhibit 2). The base bid amount of $984,925 is below the engineer's estimate of $1,528,048. Based on the bids received, staff recommends award of this contract to EBS General Engineering Inc. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2015 -29 was filed for these projects. 23A -2 Contract Award For Construction of Washington Square Residential Street Repair FY 15 -16 February 2, 2016 Page 3 FISCAL IMPACT The estimated total delivery cost of this project is $1,231,157, which includes construction, contract administration, inspection, testing, surveying, and contingencies (Exhibit 3). The Washington Square Residential Street Repair Project (16 -7523) was approved in the Fiscal Year 2015 -16 Capital Improvement Program for a total budget of $2,121,296. Sufficient funding for this agreement is available for expenditure in the Fiscal Year 2015 -16 Community Development Block Grant Fund (Account No. 13518783 - 66220) until project completion, which is scheduled in Fiscal Year 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: IYA V/, r d Mousavipour Francisco Gutierrez Via, Executive Director Executive Director Public Works Agency Finance & Management Services Agency Kelly Reenders Executive Director Community Development Agency Ia8FIVILLN�kyi[�7 Exhibits: 1. Location Map 2. Construction Contract 3. Cost Analysis 23A -3 23A -4 J y �� 17TH ST — —""' —" PROJECT AREA SANTA ANA CfTY COUNCIL p_w( AGENDA DATE o euc ro s .cc+c FEB 2, 20'16 r PROJECT 16 -7523 WASHINGTON SOUARE RESIDENTIAL STREET REPAIR VICINITY MAP 23A -5 L PAGE 1 OF 1 23A -6 CITY OF SANTA ANA 121E -BID CONSTRUCTION CONTRACT AGREEMENT EXHIBIT 2 PROJECT NO. 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR This CONSTRUCTION CONTRACT is made and entered into this 2 "d day of February, 2015, 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 referred to as "CITY" and EBS General Engineering Inc., hereinafter referred to as "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 Local Street Slurry Seal 2014 -15 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 • Project Plans • 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 $984,925.00, 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. 21A-7 CITY OF SANTA ANA RE -BID CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR 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, 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. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, famish a warranty performance and payment bond equal to at least ten (10 %) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). %I CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25 %) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. 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. // 23�A 38 CITY OF SANTA ANA RE -BID CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Aftorne BY P sSandoval Assistant City Attorney F#-2 % CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: By:_ Title: CITY OF SANTA ANA RE -BID PROPOSAL PROJECT NO. 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR. 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; Itent Description Unit Qty Unit Price Amount 1 Mobilization (Not to Exceed 10 %of Total Contract) LS 1 $ y/ $ $$ 2 Unclassified Excavation* Cy 500 �7 3 AC Pavement *F' TN 120 - $�2� /�,y, ' C✓t 4 Aggregate base* TN 960 5 Removal of 6" PCC at Various Locations* Cy 1,200 $ 6 Construct 6" PCC with (3 -day) Cure `�'oa including Dowels* Cy 1,100 $. 10,a) $(23) o6 7 Crack Seal with DeerySuper Gray* LF 43,000 s 8 Construct PCC Curb Ramp* SF 6,800 $ 9 Construct PCC Driveway Approach (T =6 ") * SF 4,500 $ 10 Construct PCC Curb (B -1) * LF 300 $ 11 Construct PCC Curb and Gutter(A -2 -6) * LF 1,800 $ . �) 0() $ b pw. 12 Construct PCC Cross Gutter* SF 7,900 $ , 13 Construct PCC Sidewall<* SF 5,000 / f 14 1 Grind PCC * LF 600 $< $ P -1 of P-25 23A -10 CITY OF SANTA ANA RF -BID PROPOSAL PROJECT NO, 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR Item Description Unit Qty 17nitRrice Amount 15 Root Shave* EA 80 $ �, 0.1 U $ 00 , 16 Adjust Sewer Manhole Frame and Cover to Finished Grade* EA 20 17 Furnish and Install Water Valve Frame and Cover to Grade* EA 20 $ 5 W 1 $ f 18 Signing and Striping LS 1 $ Q„ , eCli $li(aclb 19 Temporary Construction Sign EA 2 $� ( $< W 20 SWPPP LS 1 $ " Sl.r ib a it $ TOTAL BASE BID $ Stl 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, ail, 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, TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within forty (50) working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm EBS GENERAL ENGINEERING INC Signature of BIDDER Title JOSEPH A NANCI, PUSIDENT (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 manes of President, Secretary, Treasurer and Manager, thereof.) P -2 of P -25 23A -11 0 California All-Purpose Acknowledgement State of California } County of Oazlge On before me, William E. Ellis, Jr . a Notary Public personally Joseph A. Nanci WILLIAM E, C1.1.18 JM Commission # 2197998 a' Notary I .b111 - .."I U11114 orange County " My Comm. FAj1rQ6 Out23.201 Notary Public Seal Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) Q Individual Q Corporate Officer: Q Partner - Q Limited U General Q Attorney -in -Fact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the personN) whose nameXis/are subscribed to the within instrument and acknowledged to me that be/ shek -hey executed the same in his/h=*hete authorized capacity(Yms), and that by his/herttheir signatureK on the instrument the personi.`s), or the entity upon behalf of which the persouN 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. Notary Public Signature of Pages: 23A -12 OPTIONAL Q Individual Q Corporate Officer: Q Partner - Q Limited 0 General Q Attorney -in -Fact ❑ Trustee Q Guardian or Conservator Q Other: Signer is Representing: eW �' M•�?riWr n (a5rclar�l.xk� ¢Mr5 �xiN r.S �..,. ,5'gyaffi+`�rz�gN'4kr�rw. w.s+X�.n.M hxPon� °N'a'ie'..> -`, 23A -13 CITY OF SANTA ANA RE -BID PROPOSAL PROTECT NO. 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR 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 alter it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm EBS GENEML ENGINEERING INC Signature of BIDDER Title JOSEPH A NANCI, Fp4:�8SIDENT (If an individual, so state. If r(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 -25 23A -14 California All - Purpose Acknowledgement State of California ) County ofancre On ` "4� a before me, William E. Ellis, Jr, a Notary Public personally JDaenh A. Nanci WILLIAM E. ELLIS JR. Commission # 2927999 z r' Notary I'Alic • California Orange County My Comm. kx Irea 00123 2019 W Notary Public Seal Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other than Named Above: — Capacity(ies) Claimed by Signer(s) 0 Individual 0 Corporate Officer-: 0 Partner - 0 Limited 0 General 0 Attorney -in -Pact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the person(N) whose nameXis /awsubscribed to the within instrument and acknowledged to me that he/ she,Ahe3 executed the same in his /hcrft,eie authorized capacityoes,), and that by his /hrrftheir signatureNon the instrument the person,, or the entity upon behalf of which the personN 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. t Gfd L Notary Public Signature of Pages: 23A -15 OPTIONAL 0 Individual 0 Corporate Officer: 0 Partner - 0 Limited 0 General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: - ...,.. _..: "...rr..'. �•..,;,.:',.. ",..y- O.vN�Ai:fJ :.{'l(LVfr: %at7F`lM1r iY'�ry'r� "yR'M,R�"2`nyp.�, !:M %u:M^°W: 23A -16 i r � CITY OF SAN'T'A ANA RE -BID PROPOSAL PROJECT NO, 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR CONT'RACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: EBS GENERAL ENGINEERING INC Business Address: 1320 E SIXTH ST, STE 100 CORONA CA 92879 Business E -Mail Address: BIDS @EBS- INC,US Telephone: 951 - 279 -6869 State Contractor's License No. and Class: 720016 A License Expiration Date: 3/31/16 State Dept. of Industrial Relations (DIR) Registration No.: State ;Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: JOS7P),rA NANCI, PRESIDENT 1000005295 6/30/16 2J -z17 CITY OF SANTA ANA RE -BID PROPOSAL PROJECT NO, 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, or 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 bold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, The undersigned certifies that the foregoing is true and correct. Name of Firm EBS GENERAL ENGINEERING INC Signature of BIDDER Title JOSEPH A NANPI PRESIDENT (if an individual, so state) P -5 of P -25 23A -18 CITY OF SANTA ANA RE -BID PROPOSAL PROJECT NO. 16 -7523 WASHINGTON SQUARE RESIDENTIAL STREET REPAIR OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS: CITY OF SANTA ANA ) JOSEPH A NANCI , being duly sworn, deposes and says: ❑ INDIVIDUAL That he /she is the party making the foregoing proposal: © PARTNERSHIP That he /she is a member of the co- partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co- parmership. CORPORATION That he is o£ EBS GENERAL ENGINEERING INC a corporation which is making the foregoing proposal: ❑ .JOINT VENTURE That he is of one of the parties malting the foregoing proposal as a joint venture, and the he /site has beetr 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 pro pos contract, for himself or any other person. Signat e o. Bidder Subscribed and sworn to before me this 23 day of 12 2015 Signature of officer Administering Oath (Notary Public) P -6 of P -25 23A -19 California All - Purpose Acknowledgement State of California ) County of an e On l% 2 n`(" + before me, William E. Ellis Jr. ,a Notary Public personally Joseph A. Nanci WILLIAM E. ELLIS JR, Commission # 2127998 Notary public - California Orange County M t70mm. Ea Irea Oct 28, 2019+ Notary Public Seal Description of Attached Document Title or Type of Document: ?-4 l_ R - Document Signor(s) Other than Named Above: Capacity(ics) Claimed by Signer(s) Q Individual Q Corporate Officer: Q Partner - Q Limited Q General Q Attorney -in -Fact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the personN) whose nameXis /ar6subscribed to the within instrument and acknowledged to me that he/ sheAhay executed the same in IrWh rftheir authorized capacity(tos), and that by bisthm* heir signatureK on the instrument the person(, or the entity upon behalf of which the personN 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. Notary Public Signature of Pages: 5 23A -20 Oi' A TONAL Q Individual Q Corporate Officer: Q Partner - Q Limited Q General Q Attorney -in -Fact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing; , ^:u Y 23A -21 CITY OF SANTA ANA RE -BID PROPOSAL PROJECT NO. 16 -7523 BOND# 3 -B WASHINGTON SQUARE RESIDENTIAL STREET REPAIR PREMIUM: NIT, BID BOND 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 17TH day of DECEMBER 12015. BIDDER* 20 E. SIXTH STREET, STE. 100, CORO PH: (95 BY: COMPANY / 3033 5TH AVE., STE, 300, SANDIEGO, CA WA CA 92879 279 -6869 -4100 CHARLES L. PLAKE,ATTORNEY -IN -FACT Subscribed and sworn to before me , 20_ Signature: Notary Public in and for the County of , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AGENT: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON RD. #201 ANAHEIM, CA 92807 (714) 921 -0530 P -7 of P -25 23A -22 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 . rcc, �l> GS'. zreS. tr, tC. cc. c' C-.C;: C) �. ccCCC. ccx: c, 6ccc -.cfctc:t`.rcrsc;rcArrcrxic; rrrcrcrc> cr, CCrcrcxdrercr .LrczC,t:S`.t:C,tresfs;".P.c I I See Attached Document (Notary to cross out lines 1-6 below) IN See Statement Below (Lines 1-6 to be completed only by document signer[s), not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 LEXIE SHERWOOD COMM. # 2031782 NOTARY PUBLIC +CALIFORNIA .�. 0 ' Tr ORANGE COUNTY > Comm. Exp. JULY 27, 2017 v-v-v Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 17TH day of DECEMBER 20 15 , by Date Month Year (1)__ CHARLES L. FLAKE (and (2)5�_ - = —_ Name(s) of Signers) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature 6((Z ZZ Oi�� Signature of Notary Public OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: -- Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association - www.NationalNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6827) Item 65910 23A -23 Pon 4; SureTee Insurance Company )LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles I. Flake, David L, Culbertson, Richard A. Coon, Spencer Flake its true and lawful Attomey -m -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: Five Million and 00 /100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company mid duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey -iu -Fact may do in the premises. Said appointment shall continue in force until - I oin IMIS and is made under and by authority of the following resolutions of the Board of Diroctors 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 occur more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following previsions: Attorney -in -Fact may be given full power and authority for mid in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by nay such Attorney -in -Fact shall be binding upon the Company as if signed by the President and scaled acrd affected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of die Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and my power of attorney or certificate braying facsimile aignaturo_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 20s' afAteril, 1999.) In Witness Wilareof, SURETEC INSURANCE COMPANY has caused these presents to be signed by Its President, and its corporate seal to be hereto affixed this lath day of May AD, . 2015 SURETEC INSUIL4NCE COMPANY S�anNOw *Ni�, ., Byl Jo i in 1 _ John ox Jiresident State of Texas ss; � s'ya County of Harris �"^nwnuw %,n,a,we On this lath day of May A.D. 2015 before me personally atone John Knox Jr, to me known; who, being by use duly sworn, did depose and say, that he resides in Houston, Texas; that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Beard of Directors of said Company; and that he signed his name thereto by like order, s a` a LIAGOUELIN otar MAblic O Notary Pu611a / $rate 91 Texas mm.exp.sltalzut7 Jacquelyn •Maldonado,NotaryPublic My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a trice 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 Hoard 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 Ilauston, Texas this 1. 7TH day /tEmty f DECEMBER 201.5 _, A.D. PBje,A Any Instrument Issued in excess of the penalty stated above Is totally void and without any valldity. For verlflostlon of the authority of this power you may call (713) 812 -0800 any business day between 8A9 am and MU pm CST. California All-Purpose Acknowledgement State of California } County of - gangs_______ On -" 0°(4( beforeme, Pulliam E. Ellis Tr, m, a Notary Public Personally appeared_ Joseph A. Nanci +.o.wr WILLIAM E. ELLIS JR. Commission k 2127998 Z ' Notary public California Orange County a *wM Comm, x Tres Oct 28 2Ot9t who proved to me on the basis of satisfactory evidence to be the personN) whose nameXis /arfsubscribed to the within instrument and acknowledged to me that he/ °r'eAhID-Y executed the same in his/her/44teifi authorized capacity0BQ, and that by his/herftheir signaturex on the instrument the persouX or the entity upon behalf Of which the person acted, executed the instrument. I certify under PENALTY Op pERIURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. J�� ��, Notary public Seal Notary Public Signature Description of Attached Document Title or Type of Document: Document Signer(s) Other than Named Above: CapacitAies) Claimed by Signer(s) CI Individual Ci Corporate Officer: CI Partner - 0 Limited D General ❑ Attorncy -in -Pact Ci Trustee C) Guardian or Conservator D Other: Signer is Representing; of Pages: 23A -25 OPTIONAL C7 Individual 0 Corporate Officer: _ El Partner - O Limited ❑ General ❑ Attorney -in -Pact Cl Trustee ❑ Guardian or Conservator CI Other: Signer is Representing: :0✓�z�%AY^r^ +^��:�ykM' n wa iw�. 9.,un�wwvr...n..,, 23A -26 COST ANALYSIS PROJECT NO. 16 -7523: Washington Square Residential Street Repair FY 15 -16 Construction Contract $ 984,925.00 Contract Administration $ 51,582.00 Inspection and Testing $ 73,362.00 Survey $ 22,795.00 Contingencies $ 98,493.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,231,157.00 EXHIBIT 3 23A -27 23A -28