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MYERS AND SONS HI-WAY SAFETY, INC
Recorded in Official Records, Orange County RecordingRequestedBy, Hugh Nguyen, Clerk-Recorder 111IlI II I And When Recorded Mail To; Clerk of the Council,City of Santa Ana NO FEE 20 Civic Center Plaza,P.Q.Box 198.8 $ R 0 0 0 9 b 1 2 4 0 B $ Santa Ana,CA 92702 2017000425396 4:02 pm 10/05117 143.413 N12 1 0.00 0,00 0.00 0.00 0.()0 0.00 0.00 0.()0 THIS SPACE FOR COUNTY RECORDERS USE ONLY r 1 - 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 A construction of TRAFFIC SIGNAGE UPGRADE under contract entered into on APRIL 4 2017, M with 1VIYERS AND SONS HI-WAY SAFETY INC., on which contract SURETEC INSURANCE COMPANY is;surety, The property on which such work imp3roverneat was placed W v is In the City of Santa Ana, County of Orange, State of California, ,and described as Project No. 1S-b833 located at: CITYWIDE. The work improvement on said property was accepted as. A � completed on SEPTEMBER 22, 2017 , jz� D �? CITY OF SANTA.ANA,A MUNICIPAL CORPORATION W © h Z ¢ by Dated: I Princi al ivil Engineer-Tyrone Chesanek a TITLE F� VERIFICA.TION I, the undersigned, say, I am the City En 'neer - 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 oil 7 at Santa Ana,Califomia (Signature of indivi weaiing that the contents of Notice of CompIction are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 4, 2017 TITLE: AWARD CONTRACT TO MYERS AND SONS HI -WAY SAFETY, INC., FOR CONSTRUCTION OF GRANT -FUNDED TRAFFIC SIGNAGE UPGRADE (PROJECT NO. 156833) (STRATEGIC PLAN NOS. 6, 1B & 1G) CLERK OF COUNCIL USE ONLY: APPROVED © As Recommended © As Amended El Ordinance on 1" Reading © Ordinance on 2"6 Reading ❑ Implementing Resolution © Set Public Hearing For y� CONTINUED TO FILE NUMBER CITY ANAGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Myers and Sons Hi -Way Safety, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternate 1, in the amount of $169,450, for the term beginning upon execution of the contract and ending upon project completion, for the Traffic Signage Upgrade project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $211,813, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $16,945. DISCUSSION The recommended actions are needed for the City to proceed with the installation of roadway signage citywide. The improvements include replacing faded signs with signage made with highly reflective material. Once completed, these improvements will improve traffic safety by enhancing day- and nighttime signage visibility. A Notice Inviting Bids was advertised on January 13, 2017, and January 18, 2017; bids were opened on February 6, 2017. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 6 Bids received 10 Bids received from Santa Ana contractors 0 Award Contract for Traffic Signage Upgrades April 4, 2017 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID + ALT 1 1 Myers and Sons Hi -way Safety, Inc. Chino $114,026 $169,450 2 BC Rentals Inc. dba BC Traffic Specialist Orange $125,409 $172,393 3 PCI Azusa $137,295 $176,355 4 Orange County Striping Orange $156,882 $207,443 5 Aegis ITS, Inc. Anaheim $158,544 $223,770 6 Highway Special Company, Inc. Palo Cerdo $170,992 $246,725 7 Sterndahl Enterprises, Inc. Sun Valley $171,650 $236,533 8 Calpromax Engineering, Inc. Placentia $211,190 $330,540 9 Traffic Development Services, Inc. Moorpark $233,391 $289,811 10 Statewide Traffic Safety and Signs, Inc. Irvine $270,695 $327,115 A total of 10 bids were received and all were considered responsive. Myers and Sons Hi -Way Safety, Inc., submitted the lowest responsive bid in amount of $114,026 (Exhibit 2). This bid is significantly lower than the Engineer's Estimate of $241,145. Staff has checked references and analyzed the bid to ensure it does not contain any exclusion or omissions, and is recommending award to this contractor. The Bid for Additive Alternate 1 includes an additional 217 roadside signs at a unit price that provides good value to the City. Since there are sufficient funds available, staff recommends including Alternate 1 in the construction contract, resulting in a total contract for $169,450 (Exhibit 3). 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 and Deferred Maintenance Plans (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). Award Contract for Traffic Signage Upgrades April 4, 2017 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014-22 was filed for this project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 3), the estimated total construction delivery cost of this project is $211,813, which includes construction, contract administration, inspection, testing, and an authorized contingency of $16,945. Grant funding is available in the Federal Aid Safety Program Fund (Account No. 14717611-66220, Project 156833). Funds will be spent according to the spending plan below: Fiscal Year Amount FY 2016/17 $169,450 FY 2017/18 $ 42,363 Fred Mousavip ur r Executive Director Public Works Agency FM/EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: 'Avz�!&S�o rel Francisco Gutierrez Executive Director Finance & Management Services Agency SANTA ANA !®® City Council Agenda Date PUBLIC WORKS..--..-. April 4, 2017 Project No. 15-6833: Traffic Signage Upgrade Exhibit 1 EXHIBIT 2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TkAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IISIPL 5053(157) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM:Myers a d Sone JHi-Wav Safety Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty 'Unit Emit Price Amount I Install Sign Post Over 10'. 30* EA $ 189.00 $ 5,670.00 2 Remove Existing Sign(s) and Post, Install 17 EA $ $ New Post and Sign(s) as Shown. 200.00 3,400.00 3 Install New Sign(s) as Shown on Post or 6 EA $ 179.00 $ 1,074,00 Street bight. Remove Existing Sign(s) and Install New 4 Sign(s) as Shown on Traffic Signal Mast 189 EA $ 277,16 $ 52,383.24 Arm. 5 'Remove Existing Sign(s) as Shown on 3 EA TraffI Signal Mast Arias. 100.00 300.00 b Install Now Sign(s) as Shown on. Dafflc 35 EA $ $ Signal Mast Arm, 245.52 8,593.20 7 Remove Existing Sign(s) and Install New 157 EA $ 236.94 $ 37,199.58 Signs) as Shown on Traffic Signal Pole. $ Remove Existing Sign(s) as Shown on 29 EA $ 1 co.00 $' 2,900.D0 Traffic Signal Pole. Install Now Siga(s) as Shown on Traffic 14 EA $ 179.00 $ 2,506.00 Signal Pole, TOTAL BA SE tITI7 $ 114,026.02 P -I of -P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IBIPL 5063(157) ADD -ALTERNATIVE ONE Item Deseriptiort Qty Unit Unit Price Amennt Remove Existing Sign(s) and Install New io Sign(s) its Shown on Existing Post or Strcet 217 EA $ 255.41 $ 55,423.97 Light. � _. ._ . ----- TOTAL ADD-ALTEIMMVE ONE 55,423.37 TOTAL BASE BID + ADD -ALTERNATIVE ONE $ 169,449.99 The lowest responsible bidder shall be selected based on the Total Base .Md. 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 (lie quantity of this item accordingly. f This bid item is considered a S„pecialty Item per Section 2-3.2 of the Standard Specifications, TIME FOR COMPLETION OF LMP1Z0_i�N1ENTS AN'D I:IOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within ninetg 901 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, shali be $1,000 per calendar day. Name of Firm Myers and Sons Hi -Way Safety,inc Signature of BIDDER Title Mike Rodgers President _ JuanWrFlamos, SeoJTreas. (If an individual, so state, If a firm or co-partnersbip, state the firm name and give the names of all individual co-partners composing the firm, If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-38 CITY OFSANTA ANA, PROPOSAL PROJECT NO,: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO; HSIPI, 5063(1.57) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Constr61e6011 Contract Agreement shall constitute the entire agreement' between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the firms, 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 BIDD.ER.'S bond substituted in lieu thereof small 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, satisCactorily completed, The BIRDER also certifies that the bid is a balanced bid, In accordance with Section 7028.15 of the California Business and Professions Cade, the undersigned certifies under penalty of perjiny that the foregoing is trete and correct. Name of Firm Mvers and Sons Hi-Wnv Safety. Inc Signature of BIDDER _ Title Mike Rodgers, President (If an individual, so state. If a farm 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-38 CITY OF SANTA .ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) CONTRACTOR'S LICENSING AND REGISTRA'T'ION STATEiMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors aro registered with the State of California Department of Industrial Relations (DIR), and that: the following is true and correct. Contractor's Natne: _ M ey rs and Sons Hi-Wa�Safety,.lnc_ Business Address: 13310 5th Street Chino, CA 91710 Business E -Mail Address: Telephone: 909-591-1781 LuisD@hiwEtysafety.com State Contractor's License No. and Class: License Expiration. Date: 10/3112018 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: 785683 1000005382 6/30/17 Title; Mike Aodgers, President Jhaia Ramos, SEc./treas P-4 ofP-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) 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, ct 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 performer] 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, classifloation or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor',, principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, The undersigned certifies that the foregoing is true and correct, Name of Firm Myers and Sons HI -Way Safety, Inc Signature of BIDDER Title Mike Rodgers, President (if an individual, so state) P-5 of P-38 Sec./7reas. OWNERSHM AMPA. yI STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA Mike Rodgers CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6333 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IISIPL 5063(157) SS; } , being. duly sworn, deposes and says: nwmvIDUAL That he/she is the party matting the foregoing proposal; L7 PARTNER That, he/she Isamember ofthe co-partnershipfirm designated ast and who has been and is thuly vested with ¢]re authority to make and execute inshvnuonts for the oo- phainership byc who constihite ti:e other. nnernUers o f the 00-pataorship. LjCORPORATION That he is of: President R corporation vvlrleh is making due foregoing proposal: [I JOINT VENTURE That he is of: one of the patties inaldag the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to. execute instruments for an on behalf or the partles making said bid wbo are; that such a bid is genuitio 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. Sign—etre ZKdOr Mike Rodgers, President Subscribed and sworn to before Ine this _ day of. 20 SEE ATTACHED Signature of officer Administering Oath (Notary Public) P-6 ofP-38 CALIFORNIA ALL-PURPOSE CERTIFICA'T'E OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E. Paluzzi, Notary Public (Here insert time and title of the officer) personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the person(s) whose name se subscribed to the within instrument and acknowledged to me that091-e4ey executed the same inIs srUeii authorized capacity(ies)and that by is signature(a) on the instrtnnent the person( -s-), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IT�SS y ha q1t al Si afNotary Public (Notary Seal) A..... Z BA RBAgA E. PALUZI a COMM. # 2136060 ...+ NOTARY PUBLIC -CALIFORNIA(' BAN BEkNAROINO GOUN7V0 My 06mmisslon Bxjehma DBpemOmT d3,.$g18 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages _ Document Date 4/22/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other _ Id information checked 2008Version CAPAvl2.10.07R00-873-9865 www.NotaryClasses.com 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 form mist 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. oertifymg the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this immif required. • State and County information must be the State and County where Do document signers) 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 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/thay,- is Ism) 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 not cover test 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 camty clerk. 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 to the signed dominant CITY OF SANTA ANA PROPOSAL PROJECTNO.:15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) BID BOND Bond No, CSBA-4090 KNOW ALL PRESENT that, Myers & Sons HI -Way Safety, Inc. as BIDDER, and SureTec Insurance company as SURETY r f are held and firinly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of the Amount Bid Dollars (,10°I° of the Amount Bid ) 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 TIES 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 mid 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 panties hereto have set their names, titles, hands, and seal this 2nd day of February 2017 . BIDDER* SURETY* SureTec Insurance Company, 3033 5th Avenue, Suite 300, San Diego, CA 921031(900) 288-0351 Shaunna Rozelle Ostrom, Attorney -in -Fact, 1411 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. P-7 of P-38 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On February 2nd, 2017 before me, Susan Pugh Notary Public, Data Insert Name of Notary exactly as it appears on the official seal personally appeared Shaunna Rozelle Ostrom Nama(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they uSnN Puutl j carnet +r osnc)a p„bhc-ce,nrarnie executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the Net,ry W person(s), or the entity upon behalf of which the person(s) sl oteANrr cauNrr c r,M t,� My Camm &rpaes AVr 29, 2019 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 _nt! Place Notary Seal Above of Lary Public Signature of Notary Publlo- San Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bid Bond I Document Date: 02/02/2017 Number of Pages: One Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) I Signer's Name: Shaunna Rozelle Ostrom Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Corporate Officer--Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General [0 Attorney in Fact ❑ Attorney in Fact ❑ Trustee IllulJoIg ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing> Bond No. CSBA-4090 Pon t/: 510023 SuxeTec Insurance Company LIMITED POWER OF ATTORNEY ]Gnaw All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing mider 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 Arturo Ayala, Daniel Huckabay, Dwight Reilly, Andrew Waterbury, Shaunna Rozelle Ostrom, Michael Castaneda its true and lawful Attonley-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, rocognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-iia-I^act may do in the premises. Said appointment shall continue in force until 9/1012020 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-Prosidem, any Assistant Vice-Piosident, any Secretary or any Assistant Secretary shall be and Is hereby vested with full power and authority to appoint: any one or more suitable persons as Attornoy(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions; Attorney-tn-Fact may be given fall power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents cam elhtg or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the Presidentend sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached, (Adopted ata meeting held on 20's of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 16th day of January, A.D. 2017. �aU�NCF 5iJItE"I"ECWENX By: John K State of Texas as: •y Y County of Harris On this 161E day of January, A•D, 2017 before me personally came John I{nox Sr„ to me known, who, being by meduly 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 axed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by lace order, °o"y'V,6r;ror XENIA CHAVEZ SNotary Public, Stateof Texas TSS ✓,a " :'".�•.,, "lij� Comm. Expires O9-1p-2p2Q — ''%i Notary ID 1291178b9 X a avez, Notary I'nblie y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretory, of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a nue 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 Beard of Directors, set out in the Power of Attorney ere in full force and effect. Given under my band and the seal of said. Company at Houston, Texas this 2nd dAv of Febryary� iI 2017 A p y, Assistant Sedretary Any Instrument Issued In excess of the penalty stated above Is totally void andwithout any validity. 610023 Per verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 8:00 pm CST. CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E. Paluzzl, Notary Public (Here insert name personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be thepersons) whose name Is subscribed to the within instrument and acknowledged to me that ee tl executed the same in Is, their• authorized capacity(i€s); and that by is ' signature(s) on the instrument the person(o, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BARBARA E. PALUZZi _ COMM.#2130068 -I U•- ,• NOTARY PUSLIC-CALIFORNIA:-1 �' F� SAN SERNARD(NOCOUNTY C) &ITBSSmy hand and ial seal, M Oc6nruofneoPe"a of A entry ublic (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date 4/22/16 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ❑ Partner(s) ❑ Attorney -in -Fact ❑ Tntstee(s) ❑ Other Id information checked 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.conr INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California most contain verbiage exactly us appears above in the notary section or a separate acknowledgment form natst be property 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. cerdfying the authorized capacity of the signer). Please check the document carefilly for proper notarial wording and attach this farm 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 ba the date that the signer(s) personally appeared which must also be the same date the acknowledgtueut 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 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 (te. be/she/tlaeyr is /are ) 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 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 clerk. 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 sic or. If the claimed capacity is a corporate officer, indicate the title (i.e. CBO, CPC, Seensary). • Securely attach this document to the signed document CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) LIST OF SUB -CONTRACTORS Section 4100 at, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects; 1/2% of the bid or $10,000, whichever is greater a Buildings, parks, or other projects: '/x% of the bid Section 1725,5 of the Public Contract Code requires all .Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDP,R proposes to subcontract certain portions ofthe Work to the firms listed below; Name A Cone Zone, Inc License 4/Exp, 851996 12/31/18 DIR Reg. #-/Exp, 1000006625 6/30117 Location 1640 Market Street Corona, CA Phone 951.734-9535 po `21oiI7 Type Of Work isian hardware Amount$ 3,172,11 Name License 9/Exp. D] R Reg, #/Exp. License # Location Phone 71 jpo Of Work Amount $ Name License #/I3xp, DIR Reg. #/Exp, License # Location Phone Type Of Work Amount $ Signaturo Oidder Mike Rodgers, PResident Name _ License #/Exp. DIR Reg, #/)exp. Location Phone _ Type Of Work Amount $ Name License #/kxp. DIR Reg. #/Exp, License # Location Phone Type Of Work Amount $ Name _ License #/Exp. DIR Reg. #/Exp• License 11 Location Phone Type Of Work Amount $ P-8 ofP-38 Tal/ic Control HI -WAY SAFETY RENTALS, INC. LUIS DIAZ PO BOX 1030 CHINO, CA 91708 Phone: 909-591-1781 Fax; 909.364.2371 Email: LuisD@lilwaysafety.com A Cone Zone, Inc. 1640 Market St Corona, CA 92880 951.734.9535 Fax 951-734-2887 LIC# 851995 C-31 Job Location: SALE - WILL CALL CORONA Quote Created By: Ashley LaCour QUOTATION Quote Date Quote ID 2/612017 NL17020a Valid Through: 3/8/2017 Item Description Price UOM Qty/Day Days Total Qty. Total SIGN MOUNT BRACKET HARDWARE KIT, FLARED $31.75 EACH 55 1 55 $1,746.25 LEG SADDLE, BULLS EYE, BOLT & NYLON WASHER, any other company(s) and/or porson(s), See attached Exhibit A - Termsand Conditions made a part hereof. We are UDBOWBE/SBE CERTIFIED! PACK OF 10* WBE# 13030121;. DBE #36878; SEEP 1509840; DIR# 1000006625 Contractor License #851996 C-31 Accepted By: BANDING MATERIAL, STAINLESS STEEL, BAND -IT, $79.27 EACH 10 1 10 $792.70 .751 N, 100FT" Visit Our Website at www.AConeZone.com Title BUCKLE, STAINLESS STEEL, BAND -IT, .751N, BOX OF $67.50 EACH 6 1 6 $405.00 100* Note: The' indicates taxable items. SUBTOTAL $2,943.95 QUOTE BASED ON WILL CALL SALES TAX (7.759/6) $228.16 UDBE/WBE/SBE CERTIFIED * QUOTE TOTAL $3,172.11 Excluded: Permits and Applicable Sales Tax Add'I Terms: Invoices are payable with Terms of Net 30 Days. Any job over $2,500 is mandatory to provide California 20 -Day Preliminary Lien Information, This quote is confidential and intended for addressed recipient only and is not to be disclosed to any other company(s) and/or porson(s), See attached Exhibit A - Termsand Conditions made a part hereof. We are UDBOWBE/SBE CERTIFIED! WBE# 13030121;. DBE #36878; SEEP 1509840; DIR# 1000006625 Contractor License #851996 C-31 Accepted By: 2/6/2017 Ashley LaCour Date Signature Date A Cone Zone, Inc, Print Name Visit Our Website at www.AConeZone.com Title Company. Page 1 of 1 CITY OF ,SANTA ANA. PROPOSAL PROJECT N'O.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJRCTNO: HSIPL 5063(157) The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed sinallar work within the past three years. 1, City of Pasadena 221 E. Walnut Street, Ste 210 Pasadena, CA 91101 Name and Address of Owner, Alberto Felix Name and Telephone Number of person familiar with project. 35,000.00 Sign Install 12/16 Contract Amount Type of Work _ Date Completed 2, City f San Marcos 1 Civic Center Drive San Marcos, CA 92069 Name and Address of owner. Constantine Abalos 1-760-744-1050 ext 3308 cabalos@sen-marcos.net Name Number of person familiar wit]] 190,000.00 Sign removal and install Contract Amount Type of Work 12/15 Date Completed Department of Transportation 1727 30th Street MS 65 Sacramento, CA 95816 Name and Address of owner. Lee Scotese lee/scotese@dot.oa.gov 916-227-6000 contract#09A0609 Name and Telephone Number of person familiar with project. 117,500.00 Install Snow Pole & signs 2/16 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. Sure Tec Insurance Company 3033 5th Avenue, Suite 300 San Diego, CA 92103 1- 800-288-0351 P-9 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL, PROJECT NO: HSIPL 5063(157) 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, Cfty of Rancho Cucamonga 1050Q Civic Center Drive Rancho CUcamonga, CA 909-730-4709 Address of Owner. Name and l 67,800.00 Contract Amount Sign Upgrade Installation 5/14 Type of Work Date Completed 2. City of Coachella 1515 Sixth Street Coachella, CA 92236 Name and Address of owner, Gordon Fisher 760-398-5744 Name and Telephone Number of person familiar with project. 347,555.00 Sign removal and install citywide 10/12 Contract Amount Type of Work Date Completed 3. Caltrans Department of Transportation 9225 Stellar Court, Ste 3 Corona, CA 92883 Name and Address of owner, _.._ Majed Yousseff 951-538-3087 majedyouusseff@dot.oa.gov Name and Telephone Number of person familiar with project. 150,000.00 Installation of Exit Numbering Signs Contract Amount Type of Work 1/13 Date Completed Tho following are the names, addresses, and telephone numbers of all brokers and sureties from vrhom BIDDER intends to procure insurance and bonds, Sure Tec Insurance Company 3033 5th Avenue, Ste 300 San Diego, CA 92103 1-800-288.0351 P-10 of P-38 CITY OF SANTA ANA PROPOSAL:, PROJECT NO.: 15.6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IISIPL 5063(157) 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 ira the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any 'advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, ordivulgedinformation 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 bill, Note: The above Non -collusion Affidavit is part of the .Proposal. 13IDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution, Signed State of California County of SEE Attached Acknowledgement Mike Rodgers, President Subscribed and sworn to (or affirmed) before me on this _ clay of , 20�, by —,, proved to me on the basis of satisfactory evidence to be the persons) who appeared before me Notary Public Signature Notary Public Soal P-11 of P-38 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E. Paluzzi, Notary Public (Here insert name and title of the officer) personally appeared _ Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that e l.o/ h" executed the same in its authorized capacity((ies} and that by is Aheif signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s-) acted, executed the instrument. T certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ®- - EdAR"ARA E. PALUZZ1 conn M. # alaeoes r;(� q..tlV•yw� NOTARv pUe41tl•OALIFORMIA IT SS in hand and off Ia seal. 8A U MN fRARO;NO COUN V �(JJ 1 nnv c1EimmNlesion expires C9®4ember 23,'201 q Signa eofNotary Public (Notary Smal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages __ __ Document Date 4/22/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Id information checked 200SVersinri CAPAvt2.10.07800-873-9865 www.NotaryClasses.coni INSTRUCTIONS FOR COMPLETING THIS FORM Any aelmowledgnscnt completed in California must contain verbiage oxaot'ly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that dorurumt. The only exception is if a document is to be recorded outside of C¢bfornia. In such instances, any alternative aolmowledgment 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 if required. • State and County information must be the State and County where the document signer(s) personally appeared before die notary public for aclmowledgment. • 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 name(s) of document signor(s) who personally appear at the, time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wsho/t'hey, is /are) 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 not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment Torn. • Signature of the notary public must match the signature on file with the office of the county elcrk. Additional information is not required but could help to ensue this acknowledgment is not misused or attached to a difforent document. Indicate title or type of attached document, munbcr 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 to the signed document CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: I.-ISIPL S063(1 57) STATEMENT iGA12DING APPRENTICESIIIP RF,,, UIRLMDNTS 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 wonting days shall: I. 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 apprenticos to journeymen stipulated, in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Councl'1, Signed: Title: MikaOdgers, President Firm: Myers and Sons Hi -Way Safety ,lno Date; 02/06/17 P-14 ofP-38 CITY OF SANTA ANA PROPOSAL PROJECTNO„ 156833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) KION-DISCRIMINZHON CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1, The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment -without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, In all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sax, 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 tobe 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. The Contractor shall furnish all information and reports regi0red 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, leis/bee books, records, and accounts by the administering agency and the Secretary of Labor for ,purposcs of investigation, to ascertain compliance with such rules, regulatiom, and orders, 6. In the event of the Contractor's non-compliance with the, nondiscrimination clauses of this contr6at 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 m• 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 involved 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-38 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IISIPL 5063(157) 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: e� rz Title: Mike Rodgers, President Firm: Myers and Sons HI -Way Safety,inc Date. February 8,2017 P-13 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT' NO: HSIPL 5063(157) STATEMENT REGARDING "ANTI-ICICI<,BACTC" RU,,OUIR;GMCNTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anii-ICickbacle' Act (1.8 TJSC 74) as supplemented in the Departtuent 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 tip any part of the compensation to which he/she is otherwise entitled, Signed: Title: Mike Rodgers, President Firm: Myers and Sons HI•Way Safety,ft Date: 02/06/17 P-1.5 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO; lISIPL 5063(197) PUBLICCONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, Under penalty of pes°juey, the ioltorving guestion;;rdre: 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 X If the answer is yes, explain the cireamstances in the following space, P-16 ofP-38 CITY OP SANTA ANA PROPOSAL PROJECT NO.: 15-6533 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO; HSIPL 5063(157) BIDDER'S STATEMENT REGARDING REOULRED FEDERAL CONTRACT PROVISIONS (FORM FI-IWA-1.273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA-1273) as shown in the appendix of the Special Provisions of this project, Signed Title Mike Rodgers, President Firm µ#Myers and, Sons Hi _WaySafet Inc, Date 02/06/17 P-17 of P-38 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO. 15-6833 TRAFFIC SIGNAGE UPGRADE This CONSTRUCTION CONTRACT is made and entered into this 4"' day of April, 2017 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 Myers and Sons Hi -Way Safety, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Traffic Signage Upgrade 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 • Appendices In case of conflict between the Contract Doci.unents, 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 Sixty-nine Thousand Four Hundred Fourty-nine Dollars and Ninety-nine Cents ($169,449.99), 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 hemp 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. 12/20/2016 Pagel of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORT{ 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 faithfitl 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. 7. 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. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liabilit Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 1 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Constriction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council SONIA R. CARVALHO City Attorney By: iL JOHN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR: Myers and Sons Hi -Way Safety, Inc. MIKE RODGERS President Page 3 of 3 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 15-6833: TRAFFIC SIGNAGE UPGRADE Construction Contract $ 169,449.99 Contract Administration $ 12,751.00 Inspection and Testing $ 12,667.01 Contingencies $ 16,945.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 211,813.00 EXHIBIT 4 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796.6069 PROOF OF PUBLICATION (2018.5 C,C,P.) Stale of California ) County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: TRAFFIC SIGNAGE UPGRADE I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or Interested In the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper, published In the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No, A21046. That the notice, of which the annexed is a printed copy, has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to -wit: 01/1312017, 01/18/2017 Executed on: 01/18/2017 At SANTAANA,CA I certify (or declare) under penalty of perjury that the foregoing Is true and correct. III IIII! IIII IIII This space for filing slamp only CNS#: 2965411 MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCIL MEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman A. Reyna Vincent F. Sarmiento CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O, BOX 1988 . Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973.1461 v .santa-ana.org NOTICE OF EXEMPTION CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar MAR 11 201/l ORANGE COUNTY CLFI2K-REGOROER DEPARTMENT FSY:__......_.�..W._ V..... I)EPLITY From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Upgrade Regulatory and Warning Date of Approval: 07/15/2013 Project Number(s): PWA -2014 -267 -CITY Project Location: 1 Citywide (Partial) City: Santa Ana County: Orange ER Number: ER -2014-22 Project Description: The construction will replace and/or install new posts, signs and minor concrete work on the sidewalk. Applicant Name: City of Santa Ana Applicant Address: 20 Civic Center Plaza M-43 SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 16061(b)(3)/(5)) MAR 1 1 2014 HUGH NGUYEN,CLERK,nECORDER Kekula, Zdenek (_J _ oePut'v Recorded in official Records, orange Count T Hugh Nguyen, Clerk -Recorder gg I� M I II iI II II 6 I �9� �I III I OI NO FEE * $ R 0 0 0 6 5 5 7 1 2 9 8 El Statutory Exemption: 201485000204 318 pm 03(11/14 Q Categorical Exemption: 15301(b) 281 OR02 Z01 Reason(s) Why Project is Exempt. From CEC1A: 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 15301(b) consists of repair/maintenance of existing public facilities City Contact: Zdenek Kekula Telephone: (714)647-5606 Signature:Title: Date: tl G�r�G It-•Ee.l'2� SANTA ANA CITY COUNCIL Miguel A. Pulido Sal Tinajero Vincent F. Sarmiento Michele Martinez Angelica Amezcua - P. David Benavides Roman Reyna Mayor Mayor Pro Tem, Ward 6. Ward Ward Ward - Ward Ward Meulddlosiltr e- orqou &[lV is zPir,=ta-o&,ot9.AAi e c�a a�5anla--gtta.erg Daenavideg s n,a:arda<prri BRsyma ss, na-, nna.or9 CITY OF SANTA ANA CONSTRUCTION CONTRACT (y. ?WA PROJECT NO. 15-6833 of ilii O TRAFFIC SIGNAGE UPGRADE This CONSTRUCTION CONTRACT is made and entered into this 01 day of April, 2017 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 Myers and Sons Hi -Way Safety, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike mariner and to the satisfaction of the City Engineer of the CITY, the Traffic Signage Upgrade 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 Constriction 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 • 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 Sixty-nine Thousand Four Hundred Fourty-nine Dollars and Ninety-nine Cents ($169;449.99), 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 emit portions of the work as may be deemed necessary or advisable. rev. 12(20/2016 Page I of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. 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 became 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, 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. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liabilit Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be aiproved by the CITY. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. i.._ jai v& ,> `.. MARIA D. HUIZAR���� Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney TSE By.KINMIF—UNIC v. 7 Assistant City Attorney RECOMMENDED FOR APPROVALr. FRED MOU AVIPOUR Executive Director Public Worlcs Agency CITY OF SANTA ANA Cynthia J. Kurt Interim City Manager CONTRACTOR: Myers and Sons Hi -Way Safety, Inc. 61 GERS Presid Page 3 of 3 CITY OF SANTA ANA Exhibit A PROPOSAL PROJECT N'0,: 15-6833 TRAFFIC SLONAOE UFQRADE FEDERAL PROJECT NO: HSIPL 5063(157) BID PROPOSAL T0, CITY COUNCIL OF THE CITY OF SANTA ANA FROM:, and Spr s ti war satacv,lna „.„ REQUIREMENT: Tho undersigned bidder declares Haat thay .have enref ally examined the location of the proposed work, that they have examined the Contract Documents in its entirety Enid hereby proposed to furnish all material and do all the work required to eomplete the said work in accordance with said plans (if any) and the specif°lcatlons for the unit priee(s) or lump stun(s) sat forth in the following schedule: Stem Description Qty Unit llaritPrlee Amomlt 1 Install Sign Post Over 101, 30* EA $ 189.00 $ 5,670.00 2 Remove Vxisting Sign(s) and Post. Install 17 PA $ $ New Post and SIgn(s) as Shown. 200.00 3,400.00 3 Install Now Sign(&) as Shawn OR Post or _ 6 LA 179.00 $ 1,074,,00 ftaeWght. Roanove Ex1a'ting Slgn(s) and Install New 4 Sign(a) as Shown on Tea'Pfta Signal Mast 13!J T,A $ 277.15 $ 52,368.24 ltaau09e EXIMIA9 Sign(s) ad' Shown On 3 , t r`1 , �� T` affix8igltalMoat Arra, 100.00 300,00 6 lnstall Now 8ign(s) as Shown an. Traffo S5 EA $ $ Signal.Mitist Arm, 245.52 8,593.20 7 Remove i3'xisfivg Sigu(s) and Install New 157 A LA $ 236.94 S 37,199.56 Sign(s) as 81rOwn on Traffio Signal Pole. B Remove Existing Slgn(s) as Shown on 29 LA $ 100.00 $' 2,900.00 TraffioSignal We, Install Now Signs) as Shown on 71ad'fa 14 EA $ 179.00 b 2,506.00 8ignal:Pote, TOTAL BASE BID $ 114,026.02 �..--- P-1 ofP-38 CITY OF SANTA ANA Exhibit A PROPOSAL PROJECT NO.: 15.6833 TRAFFIC SIGNAGE UPGRADE P"Ji',DERA'L PROJECT NO: HSIPL 5063(157) ADD -ALTS NA.`i'.IVF ONE How Description Qty U1114e lt UnitkricAmount Romova Existing 67gn(s} and ll+etmlJ Nesta 10 _.__.._ Sign(s) as Shown on Existing Pastor Street Uzht, 217 FA $ 255.41 $ 53,423.97 TOTAL ADD-AL'.I'EI2IVMINE ONE $ 65,423,67 TOTAL BASE BID + ADD -ALTERNATIVE ONE $ 169A49.90 The lowest responsible bidder shall be selected 'based on the Total Base Bld. The City reserves the right to award the Base Bid, and any, all, or axone of the add -alternate bier itams (if any), The quantity for this bid !tern is shown :for bid comparison only. This bld item shall ,not be subject to the "25%" limit as stated ire Section 3-2 of the Standard Speait7oations. The actual amount tibr this iCern vvill be dictated by thc3 actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this it6n7 accordingly. '� This bid item is considered a Speolalty Item per Section 2:-3.2 of die Standard Specifications. Theundersignedbidder hereby proposes to complete the Wodc Por the total base 61x1 amount shown above, within t3 gpiy (Q1.yvg <3? elays aftor the cumm000emvist date stated in the Notice to Proceed, The liquidated, damage„ amount; in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,ODO per calendar day. Natne of Firm Myers and ions I-II.Way Sat'ety,lno Signature of BIDDER Title _ Mike Rodgers_,_PrPaden _ Juand'tCamos, Sec./Treas. (If an individual, so state, If a fhrn or co -partnership, state the frtu name and give the names of alt individual co-partners composing the firm, If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6533 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Myers and Sons Hi -Way Safety Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents u1 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 Install Sign Post Over 10'. 30* EA $ 189.00 $ 5,670.00 2 Remove Existing Sign(s) and Post. Install 17 EA $ $ New Post and Sign(s) as Shown. 200.00 3,400.00 3 Install New Sign(s) as Shown on Post or 6 EA $ 179.00 $ 1,074.00 Street Light. Remove Existing Sigh(s) and Install New 4 Sign(s) as Shown on Traffic Signal Mast 189 EA $ 277.16 $ 52,383.24 Arm. 5 Remove Existing Sign(s) as Shown on 3 EA $ $ Traffic Signal Mast Arm. 100.00 300.00 6 Install New Sign(s) as Shown on Traffic 35 EA $ $ Signal Mast Arm. 245.52 8,593.20 7 Remove Existing Sign(s) and Install New 157 EA $ 236.94 $ 37,199.58 Sign(s) as Shown on Traffic Signal Pole. 8 Remove Existing Sign(s) as Shown on 29 EA $ $ Traffic Signal Pole. 100.00 2,900.00 9 Install New Sign(s) as Shown on Traffic 14 EA$ 179.00 $ 2,506.00 Signal Pole. TOTAL BASE BID $ 114,026.02 P-1 of P-38 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) ADD -ALTERNATIVE ONE Item Description Qty Unit Unit Price Amount Remove Existing Sign(s) and Install New 10 Sign(s) as Shown on Existing Post or Street 217 EA $ 255.41 $ 55,423.97 Light. TOTAL ADD -ALTERNATIVE ONE $ 55,423.$7 TOTAL BASE BID + ADD -ALTERNATIVE ONE $ 169,449.99 The lowest responsible bidder shall be selected based on the Total Base Hid. 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. I 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 ninety (90) working days after the commencement date stated in the Notice to Proceed, The liquidateddamages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm Myers and Sons Hi -Way Safety,lnc Signature of BIDDER Title Mike Rodaers. President JuaA-f.amos, Sec./Treas. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IISIPL 5063(157) 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 clue 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 (he 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 Mvers and Sons Hi-Wav Safetv, Inc Signature of BIDDER Title Mike Rodgers, President Juana Ramos, Sec./Treas. (If an individual, so state. If a firm or co-partnersbip, 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-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) 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: Myers and Sons Hi -Way Safety,lnc Business Address: 13310 5th Street Chino, CA 91710 Business E -Mail Address: WSD@hiwaysafety.com Telephone: 909-591-1781 State Contractor's License No. and Class: 785683 License Expiration Date:. 10/31/2018 State Dept, of Industrial Relations (DIR) Registration No.: 1000005382 State Dept. of Industrial. Relations (DIR) Registration Expiration Date. 6/30/17 Signed: _�:7 _ /'z a Title: MikeRodgers, President P-4 of P-38 Ramos, SEc./treas CITY OF SAN'T'A ANA PROPOSAL PROJECT NO.; 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: IISIPL 5063(157) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Myers and Sons Hi -Way Safety, Inc Signature of BIDDER Title Mike Rodgers, President Juan amos, Sec./Treas. (if an individual, so state) P-5 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Mike Rodgers , being only sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party malting 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 exeoute instruments for the co- partnership by: who constitute the other members of the co -partnership. [q CORPORATION That he is of.- fPresident President a corporahon 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/she has been and is duty 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. SlgnattlTe ddeT Mike Rodgers, President Subscribed and sworn to before me this clay of 20 SEE ATTACHED Signature of officer Administering Oath (Notary Public) P-6 of P-38 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E. Paluzzi, Notary Public (Here insert name and title personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the persons) whose name 1s subscribed to the within instrument and acknowledged tome that Oh@4h,&Y executed the same in is authorized capacity{i€s); and that by(g)hen4heir signatures) 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. IT SStha nd lcial s L Sig ofNatary Public (Notary Seal) BARBARA E. PALUZZI U „P... COMM. pY 2136068 V ; _ ,�, --o NOTARY PUSLIC•CALIFORNIA,'' H�. SAN BERNARD:NO COUNTY 0 My COrnmieslon Expires DepamDer 23, $01a ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date 4/22/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Id information checked 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com 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 signor). Please check the document carefidly for proper notarial wording and attach this form if required. • 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 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 /are) 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 not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a difforent acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 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 to the signed document Bond No. CSBA-4090 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) KNOW ALL PRESENT that, Myers & Sons Hi -Way Safety, Inc. , as BIDDER, and SureTec Insurance Company , as SURETY, are held and firmly bound tanto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of the Amount Bid Dollars ($ 10% of the Amount which is tan 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 hill force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 2nd day Of February, 2Q 17 , BIDDER* Myers & Sons Hi -Way Safety, Inc., 13310 5th Street, Chino, CA 91710 / (909) 591-1781 M. Y.e SURETY* SureTec Insurance Company, 3033 5th Avenue, Suite 300, San Diego, CA 92103 / (800) 288-0351 Shaunna Rozelle Ostrom, Attorney -in -Fact, 1411 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. P-7 of P-38 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On February 2nd, 2017 before me, Susan Pugh Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Shaunna Rozelle Ostrom Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the — within instrument and acknowledged to me that he/she/they susAN PucH r comm. r2ioaaos N fin'= vnt,ry p,nliccerutornia W executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ouANce couNry person(s) the instrument. "''�,✓ hqy Comm,fxpires Apr 29, 2479 acted, executed 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 official seal. /and Signature's Place Notary Seal Above I Signature of Notary Public ,S'(ISan Pugh eJ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 02/02/2017 Number of Pages: One Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Shaunna Rozelle Ostrom Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General Attorney in Fact ❑ Attorney in Fact ❑ Trustee y ❑Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: I ❑ Other: Signer is Representing: Signer is Representing: Bond No. CSBA-4090 PoA #: 510023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Daniel Huckabay, Dwight Reilly, Andrew Waterbury, Shaunna Rozelle Ostrom, Michael Castaneda its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, aelmowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 9/10/2020 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed toany power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached, (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this loth day of January, A.D. 2017. S�FnN�P SURETEC llyXUBAN CE ANY WPI >t 9 °3 By. w i w yt John Knox real nt State of Texas ss: 7t4c County of Harris s �''••••.....• On this 16thday of January, A.D. 2017 before me personally came John I{nox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. amurp �,srvr noex� XENIA CHAVEZ Notary Public, State of Texas 39.' • .Comm, Expires 09-10-2020 ` Notary ID 129117659 X_�_--�ary Public `-Maly commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a nue and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Director's, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2nd day of n FVaW A 2017 A.D. Brhnt Belly, Assistant Seeretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. 610023 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 6:00 pm CST. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E. Paluzzi, Notary Public (Here insert name and title of the officer) personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the person(s) whose name Is subscribed to the within instrument and acknowledged to me that Ghek executed the same in is, authorized capacity(-i€s} and that by is � signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BARBARA E. PALuzzl COMM. # 2136088 u V S �•o NOTARY PUBLIC •CALIPORNIc H- �, SANBERNARD!NOCOUNTv i) IT SS m hand and lal Seal. My Commission Expires y DBGsmbel 23, 2019 cy mreofD otary ublic (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Doctunent Date 4122/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) - ❑ Attorney -in -Fact ❑ Tnlstee(s) ❑ Other Id information checked 2008 Version CAPAvl2.10.07800-873-9865 www.NotaryClasses.com 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. cerd5mg the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • 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 namc(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/£bey- is /are) 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 not cover text or fines. 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 clerk. 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 to the signed document CITY Or SANTA ANA PROPOSAL PROJECT NO.: 15-6$33 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063 (157) LIST OF SUB -CONTRACTORS Section 4100 et, seq, of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% of the bid Section 17255 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name A Cone Zone, Inc License #/Exp. 851996 12/31/18 DIR Reg.#/Exp. 1000006625 6/30/17 Location 1640 Market Street Corona, CA Phone 951-734-9535 t)p>C'GI:t�B'ir79 Type Of Work ision hardware Amount$ 3,172.11 Name License 4/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp, License # _ Location _ Phone Type Of Work Amount $ Signature Oidder Mike Rodgers, PResident Name License #/Exp• Da Reg. 4/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. _ DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Nance License 4/Exp. DIR Reg. Mxp• License # _ Location _ Phone Type Of Work Amount $ P-8 of P-38 Traffic Cnnfrol HI -WAY SAFETY RENTALS, INC. LUIS DIAZ PO BOX 1030 CHINO, CA 91708 Phone: 909-591-1781 Fax: 909-364-2371 Email: LuisD@hiwaysafety.com A Cone Zone, Inc. 1640 Market St Corona, CA 92880 951-734-9535 Fax 951-734-2887 LIC# 851996 C-31 Job Location: SALE - WILL CALL CORONA Quote Created By: Ashley LaCour QUOTATION Quote Date Quote ID 2/6/2017 1 AL170206 Valid Through: 3/8/2017 Item Description Price UOM Qty/Day Days Total Qty. Total SIGN MOUNT BRACKET HARDWARE KIT, FLARED $31.75 EACH 55 1 55 $1,746.25 LEG SADDLE, BULLS EYE, BOLT & NYLON WASHER, PACK OF 10* BANDING MATERIAL, STAINLESS STEEL, BAND -IT, $79.27 EACH 10 1 10 $792.70 .751N, 10OFT * BUCKLE, STAINLESS STEEL, BAND -IT, .751N, BOX OF $67.50 EACH 6 1 6 $405.00 100 * Note: The' indicates taxable items. QUOTE BASED ON WILL CALL * UDBE/WBE/SBE CERTIFIED * SUBTOTAL SALES TAX (7.75%) QUOTE TOTAL Excluded: Permits and Applicable Sales Tax Add'I Terms: Invoices are payable with Terms of Net 30 Days. Anyjob over $2,500 is mandatory to provide California 20 -Day Preliminary Lien Information. This quote is confidential and intended for addressed recipient only and is not to be disclosed to any other company(s) and/or person(s). See attached Exhibit A - Terms and Conditions made a part hereof. We are UDBE/WBE/SBE CERTIFIED! WBE# 13030121;. DBE #36878; SBE# 1509840; DIR# 1000006625 Contractor License #851996 C-31 Ashley LaCour A Cone Zone, Inc. Visit Our Website at www.AConeZone.com 2/6/2017 Accepted By: Date Signature Print Name Title Company $2,943.95 $228.16 $3,172.11 Date Page 1 of 1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSTPL 5063(157) REFERENCES The following are the names, addresses, and telephone numbers for THRFF public agencies for which the BIDDER has performed similar work within the past three years. 1. City of Pasadena 221 E. Walnut Street, Ste 210 Pasadena, CA 91101 Name and Address of Owner. Alberto Felix 626-744-7662 afelix@cityofpasadena.net Name and Telephone Number of person familiar with project. 35,000.00 Sign Install 12/16 Contract Amount Type of Work Date Completed 2, City f San Marcos 1 Civic Center Drive San Marcos, CA 92069 Name and Address of owner. Constantine Abalos 1-760-744-1050 ext 3308 cabalos@san-marcos.net Name and Telephone Number of person familiar with project. 190,000.00 Sign removal and install 12/15 Contract Amount Type of Work Date Completed 3. Department of Transportation 1727 30th Street MS 65 Sacramento, CA 95816 Name and Address of owner. Lee Scotese lee/scotese@dot.ca.gov 916-227-6000 contract#09A0609 Name and Telephone Number of person familiar with project. 117,500.00 Install Snow Pole & signs 2/16 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. Sure Tec Insurance Company 3033 5th Avenue, Suite 300 San Diego, CA 92103 1.800-288-0351 P-9 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063 (157) 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, City of Rancho Cucamonga 10500 Civic Center Drive Rancho CUcamonga, CA 909-730-4709 Name and Address of Owner. Paul Fisher (909) 477-2730 paul.fisher@cityofrc.us Name and Telephone Number of person familiar with project. 67,800.00 Sign Upgrade Installation - 5/14 Contract Amount Type of Work Date Completed 2. City of Coachella 1 1515 Sixth Street Coachella, CA 92236 Name and Address of owner, Gordon Fisher 760-398-5744 Name and Telephone Number of person familiar with project. 347,555.00 Sign removal and install citywide 10/12 Contract Amount Type of Work Date Completed Caltrans Department of Transportation 9225 Stellar Court, Ste B Corona, CA 92883 Name and Address of owner, Majed Yousseff 951-538-3087 majedyouusseff@dot.ca.gov Name and Telephone Number of person familiar with project. 150,000.00 Installation of Exit Numbering Signs 1/13 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, Sure Tec Insurance Company 3033 5th Avenue, Ste 300 San Diego, CA 92103 1-800-288-0351 P-10 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of SEE Attached Acknowledgement Mike Rodgers, President Subscribed and sworn to (or affirmed) before me on this --clay of 20, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-11 of P-38 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E. Paluzzi, Notary Public (Here insert name and title of the personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the person(S) whose name(R)&ffe subscribed to the within instrument and aelmowledged to me thateQhe/ executed the same inis - ' authorized capacity(-ies-, and that by is ' 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. BARBARA E. PALUZZI ' coMM. # 2tseose C r•Sv4 NOTARYpUBL10•sALIFORNIA(% U " IT SS hand and off Ia seal. SAN BERNARD -NO COUNTY O C° My commission Expires + December 23,201 Q Signa re of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date 4/22/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Id information checked 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com 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 docmnent. Tho only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as tray 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 if required. • 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 cornua and then 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/sheAk-,,,- is /are) 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 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 clerk. 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. CFA, CFO, Secretary). • Securely attach this document to the signed document CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) 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 clays 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. 3. Contribute to the find or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work., in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Mike Edgers, President Firm: Myers and Sons Hi -Way Safety ,Inc Date: 02/06/17 - P-14 ofP-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) 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 miles, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such miles, 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 aocordance 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-38 CITY OF SANTA ANA PROPOSAL PR07ECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE. FEDERAL PROJECT NO:11STPL 5063(157) 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to, protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Mike Rodgers, President Firm: Myers and Sons Hi -Way Safety,lnc Date: February 6,2017 P-13 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) STATEMENT REGARDING "ANTI-ICICI{BACK" 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 tip any part of the compensation to which he/she is otherwise entitled. Signed: %yj. 40 Title: Mike Rodgers, President Firm: Myers and Sons Hi -Way Safety,lnc Date: 02/06/17 P-15 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063 (157) PUBLICCONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, ander 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 x If the answer is yes, explain the circumstances in the following space, P-16 of P-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (FORM FHWA-1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA-1273) as shown in the appendix of the Special Provisions of this project, Signed Title Mike Rodgers, President Firm _ Myers and Sons Hi -Way Safety,lnc Date 02/06/17 P-17 of P-38 CITY OF SANTA ANA Exhibit A PROPOSAL PROJECT N'0,: 15-6833 TRAFFIC SLONAOE UFQRADE FEDERAL PROJECT NO: HSIPL 5063(157) BID PROPOSAL T0, CITY COUNCIL OF THE CITY OF SANTA ANA FROM:, and Spr s ti war satacv,lna „.„ REQUIREMENT: Tho undersigned bidder declares Haat thay .have enref ally examined the location of the proposed work, that they have examined the Contract Documents in its entirety Enid hereby proposed to furnish all material and do all the work required to eomplete the said work in accordance with said plans (if any) and the specif°lcatlons for the unit priee(s) or lump stun(s) sat forth in the following schedule: Stem Description Qty Unit llaritPrlee Amomlt 1 Install Sign Post Over 101, 30* EA $ 189.00 $ 5,670.00 2 Remove Vxisting Sign(s) and Post. Install 17 PA $ $ New Post and SIgn(s) as Shown. 200.00 3,400.00 3 Install Now Sign(&) as Shawn OR Post or _ 6 LA 179.00 $ 1,074,,00 ftaeWght. Roanove Ex1a'ting Slgn(s) and Install New 4 Sign(a) as Shown on Tea'Pfta Signal Mast 13!J T,A $ 277.15 $ 52,368.24 ltaau09e EXIMIA9 Sign(s) ad' Shown On 3 , t r`1 , �� T` affix8igltalMoat Arra, 100.00 300,00 6 lnstall Now 8ign(s) as Shown an. Traffo S5 EA $ $ Signal.Mitist Arm, 245.52 8,593.20 7 Remove i3'xisfivg Sigu(s) and Install New 157 A LA $ 236.94 S 37,199.56 Sign(s) as 81rOwn on Traffio Signal Pole. B Remove Existing Slgn(s) as Shown on 29 LA $ 100.00 $' 2,900.00 TraffioSignal We, Install Now Signs) as Shown on 71ad'fa 14 EA $ 179.00 b 2,506.00 8ignal:Pote, TOTAL BASE BID $ 114,026.02 �..--- P-1 ofP-38 CITY OF SANTA ANA PROPOSAL PROJECTNO.; 15-6833 TRAFFIC SIGNAGE UPGRADE FEDERAL PROJECT NO: HSIPL 5063(157) EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMSTMRNT 1. Local Agency: _City, of Santa Ana 2. Contract OBB Goal: 1.69% 3, Project Descriptlen: Traffic SIgnapa Upgrade 4. Project Location: Various selected read Be menta throughout the City of Santa Ana Myers and Sons HIWay r. Bid 8. Bidder's Name: Y Y 9afetY 6, Prime Certified DBE: 11 , Amount: 114,026.02 8. Total Dollar Amount WALL Subcontractors: 3,172.11 p, Total Number of LL Subcontractors: 1 10. Bid 11. Description of Wolk, Service, or Matariale Item Number Supplied Install new eignts) as shown on Traffic Most Arm. 6 12, DBE 13. DBE Contact Information 14, DBE CadlOoallon (Must be certified on the dale bids are Dollar Number opened) Amount A done Lone.ln0 38878 1640 Mer"tarent e. so. 9,772.11 15. TOTAL. CLAIMED DEE PARTICIPATfON $ 3,172.11 2.8 % IMPORTANT: ldentlfy.ail DBE firma being clalmed for credit, regardless of Per. Narnas of the FirstTer DBE Subcontractors and their respective ftem(s} of work llelad above must be consistent, where applicable with the names and 11 a of the w n the "Subcontractor List" submitted an r bl Wittc fmstion of each list d DRE'A rap e I _ , .Pre mr's pnature 1 . Dato BazbarA Paluzxl 909.591-0781 9B. Preparar's Name 19. PPhone u. copy uanams vetrmuoo9i A6ntffinnae Eapineer(MA4 Fulture to submll to DLaE wllllln 3e days Moontmot asecullm may resultln da�obllgidrgr of federal Nn<0 on conlrnar. Irwlude AddhatlAf copyWith RWOM packets, ADA No110e: npYlgrOVitlhsle VAgv seneolIyy d6pblllllo6,ihls dpoWnent to a'A111ssI01n tlltomats formals, for Intonation call(918) 864,8410 orTDD{915)854-3880 mwd% Records ardiorma Managaman6'1120NBbeni, Ma80. Aaommento, CA W814, P-25 o.fP-38 J_ c� G J F- 0 - W I -a N � z Ln W C) m C ® C) J N 0 -0 = _ 0 o ® m _ V N 00 � Z ^ W Q � Q 4 V C�1 O 4' X LLI c/) vn c u Q J v � O (D -0 a � V r6 Bond No. CSBA-4090 Pon u: 510023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Daniel Huckabay, Dwight Reilly, Andrew Waterbury, Shaunna Rozelle Ostrom, Michael Castaneda its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 9/10/2020 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed toany power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'e of April, 1999..) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 16th day of January, A.D. 2017. ('m'w SURET);CIl� E ANY �0By. 1JohnKnox resi nt State of Texas ss:1 r', $� County of Harris •..-. On this 16th' day of January, A.D. 2017 before me personally came John Knox Jr., tome known, who, being by meduly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. a"`v e'4 XENIA CHAVE2 ,o4?t..Pe. Szo' l� Notary Public, State of Texas ;mac -Comm. Expires 09-10-2020 Notary ID 129117669 X a avez, Notary Public y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a tme and cancer copy of a Power of Attorney, executedby said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. �/ 2017 Given ander my hand and the seal of said Company at Houston, Texas this 2nd day of A Febr �'ary // , A.D. Brbnt Befty, Assistant Sehetary Any instrument issued In excess of the penalty stated above is totally void and without any validity. 510023 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On February 6, 2017 before me, Barbara E. Paluzzi, Notary Public (Here insert name and title of the officer) personally appeared Mike Rodgers, President who proved to me on the basis of satisfactory evidence to be the persons) whose name Is subscribed to the within instrument and acknowledged to me thate, he/.h" executed the same in tsyauthorized capacity*4, and that by is ' signature(-&) on the instrument the person(s), 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. BARBARA E. PALUZZi comm. N 213@088 -1 0'_ . ,o NOTARY PUBLIC•CALIFORN I P O / HBAN BERNAROtNO COUNTY (} vVIT SS my hand and ial seal. My Com issi n Ex eeb j 'e nture of r otary u61ic (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date 4/22/15 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Tnlstee(s) ❑ Other Id information checked 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mist contain verbiage exactly as appears above in the notary section or a separate acknowledgment form mist 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 if required. • 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 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/thea- is /ama) 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 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 clerk. 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 to the signed document