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HomeMy WebLinkAboutALL AMERICAN ASPHALT (MID-CITY NEIGHBORHOOD IMPROVEMENT (WEST OF BRISTOL))0 c> o m c v o ? ? m F, E- o z z ? o ? a o `? ? o ? c.7 w O rte: F' ? yFy Z Q A ? o `K U y Recording Requested By, I And When Recorded Mail To: Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Recorded in Official Records, Orange County Santa Ana, CA 92702 Tom Daly, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No FEE 2011000024630 11:08 am 01/13/11 '153 415 N'12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 `??t?E fi ? ^r ?? ?.? ._ NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of Mid City Neighborhood Improvements under contract entered into on 2/1/2010. with All American Asplalt, on which contract Fidelity and Deposit COmpany of Maryland is surety. The property on which such work improvement was placed is in the City of Santa Ana, County of Orange, State of California, and described as Project No. 10-7554 located at: Various Streets. The work improvement on said property was accepted as completed on January 7. 201 1. Dated: 1 / 13 / 1 1 CITY OF SANTAf?ANA, A MCJNICIP CORPORATION by /??-=s City Engineer TITLE VERIFICATION I, the undersigned, say: I am the City Engineer of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on January 13, 2011 , at Santa Ana, California (Signature of ndividual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION ??? • REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONTRACT AWARD FOR MID CITY NEIGHBORHOOD IMPROVEMENTS AND EDINGER AVENUE IMPROVEMENTS (PROJECT NOS.10-7554 AND 07- 7577) ~ , -~r~ i ~~~t,-----~~ CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 2/01/2010 0 As Recommendeda~.~A ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid lump sum prices for the base bid plus add-on alternate one in the estimated amount of $1,310,298 for construction of Mid City Neighborhood Improvements and Edinger Avenue Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $1,764,768. DISCUSSION This project is part of the City's $100 million investment to rebuild neighborhood streets throughout the City. Segments of local streets located within the Mid-City Neighborhood in the area bounded by Bristol Street, Raitt Street, Edinger Avenue, and McFadden Avenue, and a portion of Edinger Avenue east of Mohawk Street have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross gutters and wheelchair ramps are also in various states of disrepair and require replacement. The project provides for recycling of existing asphalt pavement with the cement treated base reconstruction process, and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Bid alternate one provides for re-establishing the survey monuments. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the neighborhood. • • Contract Award For Mid City Neighborhood and Edinger Avenue Improvements February 1, 2010 Page 2 The Notice Inviting Bids was advertised on December 14 and 16, 2009, and bids were opened on January 6, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 6 Bids received: 5 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER CITY TOTAL BASE BID PLUS ADD ON ALTERNATE ONE 1. All American Asphalt Corona $1,310,298 2. Hardy & Harper, Inc. Santa Ana $1,349,000 3. R.J. Noble Company Orange $1,389,826 4. Excel Paving Company Long Beach $1,485,590 5. Elite Bobcat Service Corona $1,524,735 A total of five bids were received and all were responsive. The lowest bid was submitted by All American Asphalt, for $1,310,298, for base bid plus add-on alternate one, which is below the Engineer's estimate of $1,525,240. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review Nos. 2009-164 and 2010-17 will be filed for the project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. • Contract Award For Mid City Neighborhood and Edinger Avenue Improvements February 1, 2010 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,764,768 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund Recovery Act (accounting unit 13518787-66220) and the Community Development Block Grant (accounting unit 13518783-66220). APPROVED AS TO FUNDS AND ACCOUNTS: r -~ Raul Godinez I Executive Director Public Works Agency Francisco Gutierrez `,_g Executive Director 1/"`~ Finance & Mgmt. Services Agency / ,~ ~f ~._..._., Cynt is J. Nelson Deputy City Manager Development Services Community Development Agency K:\Construction\RFCA-draft\02-01-10 75WD MidCity 30WD Edinger 10-7554.docx • • tNiSt H H a v7 J O m EDINGER AV PROJECT N0. 1PJ-7554 - MID-CITY NEIGHBORHOOD IMPROVEMENTS PROJECT LOCATION Q~ ~ L-J BORCHARD AV ~Q~ Z~ Y ~ ~¢ H00 N a ~ x 4, 0 f ~~ EDINGER AVENUE 3 CENTENNIAL ROAD 4a' PROJECT NOe d7-7577 - EDINGER AVENUE IMPROVEMENT LEGENDa ~ STREET IMPROVEMENTS PROJECT LOCATION SANTA ANA C [ TY COUNC I L Tltle~ P W A AGENDA DATE: ~« ~S ~N~7 FEB. 1, 2010 EXHIBIT 1 MID-CITY NEIGHBORHOOD IMPROVEMENTS AND EDINGER AVENUE IMPROVEMENT (PROJECT Nos. 10-7554 AND 07-7577) MCFADDEN AV • • FUNDING ANALYSIS PROJECT NOS. 10-7554 AND 07-7577 MID CITY NEIGHBORHOOD IMPROVEMENTS AND EDINGER AVENUE IMPROVEMENTS Construction Contract (10-7554) Construction Contract (07-7577) Contract Administration (10-7554) Contract Administration (07-7577) Inspection and Testing (10-7554) Inspection and Testing (07-7577) Survey Staking(10-7554) Survey Staking (07-7577) Contingencies(10-7554) Contingencies (07-7577) TOTAL ESTIMATED CONSTRUCTION COSTS $1,207,300 $102,998 $24, 960 $2, 085 $36, 800 $3, 200 $59, 800 $5,200 $301,825 $20, 600 $1,764,768 Exhibit 2 • .t ORANGE COUNTY REPORTER -SINCE 1921 This space for filing stamp only 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 1 Fax (714) 542-6841 Dina Melgar SANTA ANA/PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA - 92702 PROOF OF PUBLICAT10111 OR #:1743736 NOTICE INVRING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana, Califomia will receive at Ciry Hall-Ross Annex, (M-43), 20 Civic Center Plaza, Santa Ana, Califomia 92701, the Public Works A enc Fourth Floor Rece tlon st' I on or before t tl a (tour 0 2: p. m. on uesday, December 15, 2009 sealed bids and/or proposals for RESIDENTAIL STREET FEPAIR RECONSTRUCTION- PHASE 12 PROJECT NO. 106716 DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 11/23, 11/25/09 OR-17437368 (2015.5 C.C.P.) (Work includes excavation, asphalt concrete pavement, replacement of State of California ) damaged curb, gutter, and sidewalks, COIJn[ of ORANGE ss deteac otr looof concrete bus pad and traffic y ) ps, root shaving of existing trees, utility adjustments, signing, and striping.) Notice Type: BID -NOTICE INVITING BIDS Notice is hereby given BIDDERS that in accordance with the provisions of the California Labor Code, not less than the prevailing rate of per diem wages for each Ad Description: Residential Street Repair Phase 12 Gran or type of worker and mechanic needed to execute the contract in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as determined by the Director of Industrial Relations of the State of Califomia shall be paid to all I am a citizen of the United States and a resident of the State of California; I am "markers employed. over the age of eighteen years, and not a parry to or interested in the above Each bid shall be accon4tanied by cash, a entitled matter. I am the principal clerk of the printer and publisher of the city or santa nnla1eor ad`ep~dYsstl,ed by a ORANGE COUNTY REPORTER, a newspaper published in the English corporate surety, for an amount not less Ian ua a in the ci of SANTA ANA, coun of ORANGE, and ad'ud ed a than ten peroent (10%) of the aggregate 9 9 ~ ~ i g of the bid, as a guarantee that the newspaper of general circulation as defined by the laws of the State of BIDDER will enter into the proposed Califomia by the Superior Court of the County of ORANGE, State of Califomia, The signature of the BIDDER on ine and under date 06/20/1922, Case No. 13421. That the notice, of which the bond MUST be notarized. annexed is a printed copy, has been published in each regular and entire issue The Ciry Council reserves the dght to of said newspaper and not in any supplement thereof on the following dates, reject any or all Kids. 10-WIt: The successful BIDDER must possess or obtain a valid Califomia Class A Contractors license prior to the scheduled award date of this contract. 11/23/2009, 11/25/2009 The time for completion of this contract is 100 working days for all projects in this contract. Liquidated damages of $3,000.00 per calendar day for construction not completed within 100 working days from the effective date of Notice to Proceed. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance is allowed in Executed on: 11/25/2009 accordance with the Public Contract At Los Angeles, California Code. Complete sets of the Specifications will be I certify (or declare) under penalty perjury that the foregoing is true and furnished upon application to the Public Works A enc First Floor Ross Annex Correct. m lex 20 ivic enter Plaza M-93 ants Ana, ali ornia 92701. Rhone 714 647-5660. There is a 24.53 charge non- refundable) for these Plans and Specifications, plus a $14.42 additional fee if mailed. Make checks payable to the City of Santa Ana. uuifluiuiiuuiiuiuiiiuiuouiuuuNUiuiuuiuiii '~-~fi i i CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ~Z~ ~~~ ~~P f ~A-C, l REQUIREMENT: The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, 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), specifications and special provisions, far the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount 1. Unclassified Excavation* CY 915 $ pry, as $ ~ 2. AC Pavement* TN 10,100 $ 53.E $ 53S 3oa.0~ 3. Pulverized Material and Cement SF 840,000 $ D. ~{~ $ 3 3G~~ ~a~- ~ Treated Base (incl microcracking) f 4. Remove excess pulverize material* CY 4,400 $ $ /o?. Oa, 5. Remove and Replace PCC Curb and LF 1,000 $ ~~ ~~ $ ~ 0~. (~ZJ Gutter (Type A-2-6)* 6. Remove and Replace PCC Curb and LF 200 $ 7~0 0 $ / S, 0~; ~ Gutter (Type A-2-8)* 7. Remove and Replace PCC Driveway SF 950 $ / ~ O~ $ S0.Ov (T = 6")* 8. Remove and Replace PCC Curb SF 1,000 $ DD $ ; O~ Ramp* 9. Remove and Replace PCC Sidewalk SF 3,615 $~ $ 1 ~ ~ ~~~~ (4„)* 10. Remove and Replace PCC Cross SF 300 $~Qr~ $ Olga! ~ Gutter* 11. Adjust Manhole Frame and Cover to EA 87 $ (~(TD ,. 4~ $~ ~D~, ~7~ Finished Grade* 12. Adjust Water Valve Frame and EA 65 $ `{5~~r0 0 $ . D~ Cover to Finished Grade* 13. Furnish and Install New Polymer EA 1 $ ~~ . 0~ $ ~~~.0~ WM & C to Finished Grade TO BE IlVCLUDED IN BID PACKAGE BPlof31 ~ ~ • • CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 14. Relocate DLC LS 1 $ d~~OU $ ` ~a? ~ Da 15. Root Shave* EA 50 $ a/D, 4 d $ D , ~ 16. PCC Grinding* LF 200 $ ~ 0 $ ,11~ 17. Remove and Reconstruct Speed EA 6 $ d DO $ d , Da Humps 18. Traffic Loops EA 15 $ l~:D~ $ 3 1$~, D ~ 19. Signing and Striping (Mid City) LS 1 $ ~f ~, a~ $ 20. Signing and Striping (Edinger) LS 1 $ ~' ~ ,d ~ $ ~ ~~, 6d • 21. Furnish and Install USDOT Tiger EA 2 $ ~ 0 . ~ $ 0~. U D Sign ~ 5S. 6b 22. Furnish and Install 4' Chain Link LF 60 $~~ $ 3bD . Da Fence • 23. Salvage and Relocate Existing Chain LF 160 $ ~/?.Q 0 $ 7020, 0 U Link Fence TOTAL BASE BID------------------------------------------------------------------------- $ I~~~ S,D~ ADD ALTERNATE I 1. Tie-Out and Reestablish Survey EA 40 $ 0 . Monuments* 3 D cr0 $ ~ ~~~ ~ TOTAL ADD ALTERNATE IBID------------------------------------------------------- $ ~,~ ~. TO BE INCLUDED IN BID PACKAGE BP2of31 ~ • • CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued TOTAL BASE BID + ADD ALTERNATE IBID--------------------------------- $ ~ , 31 ~, oI98: ~ The lowest responsible bidder shall be selected based on the low Total Base Bid. The Agency reserves the right to award the Base Bid, and any, all or none of the alternate Bid Items. * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the " 25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. -~ This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. PROJECT NO. 10-7554 & 07-7577 ~u ~~ ~~ l"1'~Poff_ ~K ~ • MID-CITY NEIGHBORHOOD AND Firm EDINGER AVE. IMPROVEMENTS Address P.~. ~c~ D S' Phone(s) ~S C'7~(y=1 ~o(~ BIDDER Signature , ~/f ~il- T ~ ~ 'V- • TO BE INCLUDED IN BID PACKAGE BP3of31 r . • Project No. 10-7554 Project No. 07-7577 CITY OF SANTA ANA Mid-City Neighborhood Improvement (west of Bristol St.) Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT 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: - Streets, highways including bridge projects; %2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME ~,Ci,l }OPoi- E-14 i ntL7,~ 1~ LOCATION ~ . ~~ n o_ PHONE (Q ~~ ~ y ? 8 - $~y I TYPE OF WORK $~TO~ NAME ~~dr`l1 ~~ ~ ~.omOCt~?~/ LOCATION __ ~ ~~ G~ PHONE ~ - t/~ c/c{ TYPE OF WORK r r NAME c~o ~ ~ S ~I- p ~v i o'/Z LOCATION PHONE ~ - _ ~ /a ~ TYPE OF WORK {~,lv~-, ~,~~ $ ~ Op, 0~ NAME ~uy- ~~ ~~~ ~ fJ ~~ LOCATION /? ~~~, PHONE ~1~-(- (D 3 - yS"SO TYPE OF WORK $ ~/,~(D,~pU NAME 1 r~G , ~- !,aa / nt~ rL"~Pr~~LS LOCATION n ~ e r r/J PHONE / - - Q 3 TYPE OF WORK I I r n $ /~ A-G~ ~tq~ C~cJ - Nam~e of Film ~ fitting ///~A~ 2 • Signature of BIDDER NAME _ LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME _ LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK TO BE INCLUDED IN BID PACKAGE BP4of31 ~ • • CITY OF SANTA ANA • ~~ ~J Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT 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: - Streets, highways including bridge projects; %2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: '/z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION - PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK $ A-Gt A~G~.(C~CJ Name i ub mg Bid • a of BID ER NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION _ PHONE TYPE OF WORK NAME LOCATION - PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK TO BE INCLUDED IN BID PACKAGE BP4of31 c ~` CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) 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 r or his 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) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of • damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm ~~ Signature of BIDDER Title ~C.. pgl~~ (if an individual, so state) D~ • TO BE INCLUDED IN BID PACKAGE BP 5 of 31 • • CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (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.) ~ ~~~ ~, ~SP~~~-_ ~~F s r'~-f~~ Lu.,~, ~ - ~o~~ 82~-~ (/c ~ Pic io~~ Awarded to.~ °" the baept of Iowest rosponaiele artd ro~p naive bidder in the anwuM of s _-~- ATTEST: ACTION OF COUNCIL: ~__ _ , Da r ~,' , ~ ~ 20 ~~, `Jrvi~:r` _' ~- ~- r' CLERK OF THE COUNCIL APPROVED AS TO FORM: ACCEPTED FOR THE CITY OF SANTA ANA: -~ ~ . C~_ ~ TY ATTORNEY EXECUTIVE D CTOR PUBLIC WORK AGENCY • BP6of31 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE ANENDORSEMENTAND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER proposed subcontractor ,hereby certifies that he has ~, h~tr~~ ,participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. • TO BE INCLUDED IN BID PACKAGE BP7of31 CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract maybe canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order • of the Secretary of Labor, or as otherwise provided by law. TO BE INCLUDED IN BID PACKAGE BP8of31 • CITY OF SANTA ANA • Project No. ] 0-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued) 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. Signec Title Firm Date ~ ~1 Il../ . ~ , ~-~ ~ ~ • TO BE INCLUDED IN BID PACKAGE BP9of31 CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. Signed ~~z~ ~~~ t--=-rC ~~. • _ 1/ n Title ~~ ~ ., I/ ( 1' i~j~,Qf~/~J~"' ~~0° , Firm ~-(it ~ ~_('~'-1-~ f'7"~ P Date ~Q.I~ ~ ~, ~-a ~ O • TO BE INCLUDED IN BID PACKAGE BP 10 of 31 L ~ • • CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement {west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 1. • 2. Name and Address of Owner. Name and Telephone Number of person familiar w1 Contract Amount Name and Address of owner. Type Name and Telephone Number person familiar with project. Contract Amount 3. Name and Addfess of owner. Type of Work Name ar}dTelephone Number of person familiar with project. Date Completed 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. 't ~ ~ 1~ascT C'o, o~ /!~ C~ ~t~- -- z~ ao PsD~ VA. t~AA-~ ~ C~1- 4 X203 (S,u e~1 ~ 1 t t:I.[~ ~UKI l (.l. K k- oR.~4~ G~c-77o,U S S Cx~ - Zo --1(( o ss ~ -ram-Bccco ~~-o - ~r ~ N~ ~ G4- g~~ C' ~~r~ f~iE crE~ gf vA. Gv~sT' ~Gu 7~ ~ ? ~ d,~.fhu - ~ C~1- 4z~~ ~r' BP 11 of 31 Date Completed TO BE INCLUDED IN BID PACKAGE 4 • "2009" PAST WORK REFERENCES City of Costa Mesa 77 Fair Drive P.O. Box 1200 Costa Mesa, CA 92628-1200 Contact: Tom Banks, (714) 536-5431 City of Dana Point 33282 Golden Lantern Dana Point, CA 92628 Contact: Archie Rempher, (949) 248-3500 City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 County of San Bernardino 825 East Third Street San Bernardino, CA 92415-0835 Contact: Sri Srirajan, (909)387-7935 City of Redondo Beach 415 Diamond Street Redondo Beach, CA 90277 Contact: Javier Urista, (310) 318-0661 City of Westlake Village 31200 Oak Crest Drive Westlake Village, CA 91361 Contact: Roxanne Hughes, (805) 653-6597 Department of Transportation 12975 Culver Blvd. Los Angeles, CA 90066 Contact: Sixto Ramin, (213) 216-4406 City of Rialto 150 South Palm Avenue Rialto, CA 92376 Contact: Eddie Chan, (909) 820-2651 Prop 1 B Street Maintenance Contract Amount: $993,993.00 Start: 7/2009 On-going -not completed yet Annual Roadway Resurfacing Project Contract Amount: $3,982,982.00 Start: 4/2009 On-going -not completed yet 2008-09 Street Resurfacing Contract Amount: $4,085,000.00 Start: 1 /2009 Completed: 8/2009 Arrow Route Contract Amount: $1,980,000.00 Start: 2/2009 Completed: 7/2009 Public Improvement Package Contract Amount: $1,678,000.00 Start: 9/2009 Completed: 1/2009 Joint Cities Pavement Rehab. Project Contract Amount: $1,242,241.11 Start: 6/2009 Completed: 9/2009 Route 27, Contract No. 07-2Y4904 Contract Amount: $915,511.00 Start: 6/2009 Completed: 9/2009 Route 210 Detour Contract Amount: $1,983,548.00 Start: 6/2009 Completed: 9/2009 • • CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 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 AEprenticeship Council. r Signed f~,~ Title Firm ~-(~ ~P~~'~'_ Date ~..~ Q..(~ ~, ~-(~ ( O TO BE INCLUDED IN BID PACKAGE BP 12 of 31 • • CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance 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 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. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn appeared before me. to (or affirmed) before _, proved eon on this day of 20_, by of satisfactory evidence to be the person(s) who • Public Signature Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP 13 of 31 • • CALIFORNIA JURAT State of California County of Riverside ~. BRENnA L. ROYSTER ~ Commission # 1 700922 --~.; ~" Notary Public - Gcllifornia z Z ~~"° Riverside County > NN Comm. Expires Oci 26, 2010 Subscribed and sworn to (or affirmed) before me on this 5th day of January , 2010 Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) ~ >~ '' Name of Signer Pr d to me on the basis of satisfactory evidence the person who appeared before me.) t I~Y~ifC C p~ ~-c~' " L.a Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non-Collusion Affidavit Document Date: 1-5-10 Number of Pages: 1 Signer(s) Other Than Named Above: None • CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI-KICKBACK" REQUIItEMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed ~~~ Title Firm f I-(~- T'7/'"( ~jP~J~-(.~ Date ~ GZl'Z . ~ ~ ZOj O • • TO BE INCLUDED IN BID PACKAGE BP 14 of 31 • ~J CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: ~ ~ /~~ ~~ ~~~ ~~ Business Address: ~,U. ~~ a-~~-~ - ~U~IVI~'j (~f" ~~~ Telephone: ~~~ -- ~ ~jrp -~t0 d State Contractor's License No. and ~ ~~O,7C~7 ~ C~1 Z Class: Expiration Date: Signed: Title: • TO BE INCLUDED IN BID PACKAGE BP 15 of 31 CJ • CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT CLAUSES SECTION 3 -CONTRACT CLAUSES A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person{s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. • TO BE INCLUDED IN BID PACKAGE BP 16 of 31 • • CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT SECTION 3 -CONTRACT CLAUSE continued E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section {7) b of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). For the purpose of training and employment the rimar Section 3 covered project area is the area in closest proximity to the actual construction work site within the U.S. Census Tract in which the project is located. It is understood that priority for employment opportunity is to be given to residents residing within the primary Section 3 area as defined. A Section 3 area resident is any lower income individual residing within the Section 3 area, whose total family income does not exceed 80% of the median income of the metropolitan statistical area in which the project is located (Orange County). A public housing resident is defined by regulations as Section 3 resident, regardless of income. The contractor and each subcontractor certifies that they will provide, to the greatest extent • feasible, opportunities for employment to lower opportunities in connection with projects in thei minimum goal for each project is 30%. BP 17 of 31 income residents (local residents) and job r neighborhoods. For fiscal year 1996-97, TO BE INCLUDED IN BID PACKAGE • CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT SECTION 3 -CONTRACT CLAUSE continued The Contractor/Sub-contractor/Service Provider by the signature affixed hereto declares under penalty of perjury: Contractor/Sub-contractor/Service Provider has read Section 3 requirements and accepts all its requirements contained therein for all of his/her operations within the City of Santa Ana. • Signature ss--- ~~ Signature v ~,~ ~~ ~ ~ s. Print Name and Title 1~-fl~P~ ~,f~. Print Name and Title • Signature BP 18 of 31 Print Name and Title Date TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS • • (SAL-The w~ichereinpropoeed witlbe ~~nroed inwhole or inpart wiffr Federal fiarh, and therefore aIl offl~e shah~es, Hiles and ~ pnxr>.il~d by the Federal Goveug~rt and applicable >b wodc fmarrred in whole or in pert with Federal firms wr11 applyto suclrworic. The `22egrmed ContractProvisiaa, Fedaal- Aid Cor>shuctiar Cartels, `Form FHWA 1273, are ircLrded in this Battier 14. Wlrer~ in said regrmed o are rr~ade ip "SHA offio~;' "SETA resid~t er>g~reer," ~ ` artit~ca~d eve of the SHA," such reSa~roes shallbe oa>strrred to mean `~irgineer" as defined in Seen 1-1.18 ofihe Slar~azd Specificatirxs. PERFORMANCE OF PREVIOUS CONTRACT - In addiiar 1o the provisias in Battier Il, `N~" and Section VII, "Srrblettig a Assigning the Cor>~cx," of the regrmeci oor~acx provision, the Cor:hactor• shall oa nply wdh th a fol lowi rig The BIDDER shall exea>te the CIIZTIFICATIDN WITH REGARD TO THE PERFORMANCE OF PREVIOUS C70NIRACTS OR SUBCONTRACTS SCIBJF~CT Tn THE EQUAL OPPORTUNCIY CLAUSE A1~ID THE FILING OF REQUIItID REPORTS located in the proposer]. No request for subletting or assig:mrg arty paten of the oomhact in excess of$1Q000 wrllbe oanidaedurrda thepxovisia~s ofSecliori VII offlre required oalf[ad prov;sia~s unless such request is acoornparried by dre CERTIEIGATIONrEfeaediD abovr; exea~edbytheproposed~: NON-COLLUS[ON PROV>`40NS -The provisicns in this s~ applicable b aIl oa~racts except oa~rads fza Federal Aid Seoorrcla<yprojeds.~ T"rtle 23, Lhr~d States Code, Battier 112, regrrires as a cord~urr b approval by the Federal Y Adrim>ishabor of the carrract work that eadrBIDDER fle a swum stabemart exeurtedby, or arbehaff the pasa~ fiur~ association, or oapa~ation to whom such cor~act is to be a oat~rg that such parser, f~ association, a oaporaaai has ~ ~ diealy a indiectly, entered ir~o any ageanar~ ~ in any err otherwise iala~r arty acboninnshaitrtoffieeoanpefirtivebiddu~gin withthesubtritkdbid. A iaorm >p ~ the rrorrm3hnlorr affdavrt iec~ed by Battier 112 as a cestifi~azurxlerpenaltyofpajrryradher asw~rslatanartaspenr~dby 28,U5~ Sec 1746, isinchdedinihe PARTICIPATION BY ISADVANTAGID BUSINESS FdVT~~INSUBCO CTING-Part26,T~rt1e49,CodeofFederal Regulations suppbes to this F 'project Pertinent sections of said Code are aroorpaaledinpertorinits widriroflra~sacliar~softhese~llxa~visioris. VentureIIigbrliy. Attaclrrrrent EdnbitA-F 8-07-97 BP 19 of 31 (This form need not be filled in if all joint venture are minority owned.) 1. Name of joint venture 2. Address of join venture 3. Phone number of joint tore 4. Identify the which comprise the joint venture. (The DBE partner must c late Schedule A) a. eaF~e the role of the DBE firm in this joint venture. b. Describe very briefly the experience and business qualifications of each non MBE joint venture: 5. Nature of the joint venture's busuress 6. Provide a copy of the joint venture agreement. 7. What is the claimed percemage of DBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the jourt venture agreement, provided by question (~• a. Profit and loss sharing b. Capital contributions, including equiprrrent. c. Other applicable ownership interests TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA • Project No. I0-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT 9.C~rholofardparticipatio<rinthist Ide<>bfybyname,race, sex, and •`fnm„those individuals (and theff tides) who ace xespo~mble ~ ~Y~Y ~ ~ l~~' decision malting, inchdu~g, Name ofFian time ofI but mt limi~d bq those withprime ~ for. a. Fir>arrcialdacisior~s Sigrrahue Signahne Name Name b. h~rragerr~rrtdecisiom, suchas: Tide Tide 1. Fstirrrating Dad Dabs 2. MaaCetnrg and sales Date 3. Hiring aril ring ofrrrarragerr>~t 4. Ping of mayor iteirn or supp&es c. Supavisionoffieldopeaations Note: I~ aim fiimg this Sc~ile B ardbefiore the ~ fthe joirYverrture'swvdcontheoaartnc~tcoveredbythis theaeis any significarrt change in the ir>fumaliorr subrnitted, ~ ' verrirue must inform the > either d'necdy or the prune iflhe jourtverrtrue is asubcor>hac~bor: `fie swear that foregoing slaberrrents are c~ect aryl irrchrde aIl rrraieaal ' ~ rry b iderrtify dad explain the ffim and operation of joirrt verrture aryl the intended patiuapatiorr by each jourt in the Fudher, the rux~signacl oovermrt aryl to provide m grar~ee cn~ oarnple6e and acczuale ~ ~ rr;~rg achxal joint ventrue wt~ric ardthe payment and anYlaoposed cl~ges m ar-Y of the jo~rt verrirae and to peur~ the audit and exazrmration of the recark, and files of fire joint verYrar; by of the 1 or• fhe Federal fimding agency. Arty rr~oal rrtion wr71 be grvrmds for oor~ad which may be awarded and fie initiating action edaalorStabelawscarro~ningfalseshah~rrex>fs." Atadrrrrart Edu'bit?~FR2 8.07-+~7 State of of ~~ Dn this _ day of 20~ before me ag~peared (r» !~ ~ me Pte' imown, ~ ~1' swore, aid ercecube th foregoing affidavit and did slate that he ~ she was prvperiy authorized by (Name of fine bo exeade the affidavit arri did so as his or her flee act and deed NotaryPublic Corrzsrrission expires ~~] Date Slate of Camtyof On this _ day of 20_, before me appearo (Name) tD me Personally larown, who being swum, did exewde th foregoing affidavit acrd aid shale that he a she was prvperiy authorised by (Name of fort >p exea~ flee affidavit and did so as his or• her free act and deed. NotaryPubl~ Corrarrissicnexpires [mil BP 20 of 31 TO BE INCLUDED IN BID PACKAGE ~ 4 CITY OF SANTA ANA • PROPOSAL AND CONTRACT AGREEMENT Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. ~ ~-I~- Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Name of BIDDER ~{ ~~~~IV~L~ Signature ofBIDDER /~'d~ /' ~ ~ • t/~ g, Date '7-ar. ~, s. Zo r a ~ FED.8-22-88 TO BE INCLUDED IN BID PACKAGE BP 21 of 31 CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. ` L~~ B DR's Signature F3 (?~-~A..tx3~~~ ~~ ~, ~-~ f~- ~P~~(a-' Firm ~.(\ . S , Zola Date • • Standard Form LLL maybe obtained fmm Caltrans and FHWA offices. TO BE INCLUDED IN BID PACKAGE BP 24 of 31 t '' CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities Dursuant to 31 U.S.C. 1352 / 1. Type of Federal Action 2. Status of Federal Action 3. Report T ^ a. Contract ^ a. Bid/offer/application ^ .initial b. Grant b. initial award b. material change c. Corporate Agreement c, post-award d. Ban or Material Change only: e. Loan Guarantee y~• quarter f. Loan Insurance date of last rt 4. Name and Address of Reporting Entity 5. If Reporting En ' in No. 4 is Subawardee, Enter Name and Address of ^ Prirrie ^ Subwardee Tier , If known Co essional District, i known on Tonal District, i known 6. Federal Department/Agency: 7 ederal Program Name/Description CFDA Number, If a livable 8. Federal Action Number, if known \ ~,.J 9. Award Amount, if known $ 0. a. Name and Address of Lobbying Entity b. Individual Performing Services (incbe~g a,s if il~ei~rtfivmNo, ~+~ IGI!r) ~.~`~ ~ (attach Continuation Sheets if neces ) 11. Amount of Payment (chec that apply): 13. Type of Payment (check all that apply) $ Actual ^ Planned ^ a. retainer ^ b. one-tirr~ fee 12. Form of Payment eck all that apply): ^ c. commission ^ a. c ^ d. contingent fee ^ b. ~ kind; specify: nature ^ e. deferred value ^ f. other, ify 14. Brief cription of Services Performed or to be performed and Date(s) of Service, including officer{s), employee(s), or member(s) contacted, for Pa dicated in item 11: (attach Continuation Sheet s) i necessa 15. Continuation Shee s attached: ^ Yes No 16.I~'orrrafjonieques~dflavugliflrisficamisat~edbyTide31 USCSac~im 1352. Thisdiscbs~aeofbbbyingactivitiesisarr>~lioffarkupon Signature .c' vvlrichrelianoevvasplaoadbytbetiaabove wlter-thehar~sactiaiwasm~decaenterod " iribo. Ihisdiscbs~eisreq~medpu6uaz~tto31USC1352. Tl~isw~llbe ~ntName !~j f~ repatedtuB~eCor>gresssenri-arxnrallyarrlw>Tlbeavm~blefcxp~blic A 1 r V ~ ~ ~ ~ trypasaiwl~fa~tofiletheta~eddisclosureshallbet~acivllpenahyof Title ~ mt less than$1Q000 arrlmtmore~$1OQ000 foreac~istac~fath>te. Tel hone No. ~S~-~ - ~ Date -S - ( ~ Use Only: Authorized for Local ltelxnduction Standard Form- LLL TO BE INCLUDED IN BID PACKAGE BP 25 of 31 • CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT 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 Firm Date • 3~A~ • S , Zo1 D TO BE INCLUDED IN BID PACKAGE BP 26 of 31 f~-iu~cc~,y ~ptf~-T- j , CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her lrnowledge and belief; that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan, or cooperative agreement. (2) If any funds other Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL*, "Disclosure of Lobbying Activities" in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. .?~ B ER Signature (2. C~-~'R~' ~ U. , ~G~ ~~t~c> ~P~~~ Firm ~lA~. ~- 201.0 Date ~~ d ~ Form LI.L mar be ~ht ~ ~ -~ 'y.. l ~r ct_' o t Caltra~ or P.H cesv ~ -" ~ ~°' e - ~ ...~ o • TO BE INCLUDED IN BID PACKAGE BP 27 of 31 J ~ CITY OF SANTA ANA • Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the "Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 and as shown in the special provisions of this project. Signed Title Firm fit- ~ ~~ ~Q-/~.) ~ P Date ~fl1.J • s ~ 2.01 ~ • • TO BE INCLUDED IN BID PACKAGE BP 28 of 31 ~ ! CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that the BIDDER has _ ,has not _ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State • University. The term "BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title r ~~ ~~ ~ ~ 'U( C6 I~~SI ~ Firm l ~' ~ ~l ~-~-C-J~-~ ~ ~ 6~74-C~~' Date ~'~) _ ~ ! Z~ ( O • TO BE INCLUDED IN BID PACKAGE BP 29 of 31 ' ` , ~ • CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No • If the answer is yes, explain the circumstances in the following space. • TO BE INCLUDED IN BID PACKAGE BP 30 of 31 ~ ~ ~ CITY OF SANTA ANA Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.) Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St. PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed `Title f~ Firm ~ ~ J /~P6~1~-C~'"' Date ~~) . ~' ~~t O • BP 31 of 31 TO BE INCLUDED IN BID PACKAGE ~ Fidelity and Deposit Company of Maryland ~5~~ Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND N0.085 97 423 as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto of Santa Ana as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN-------- Dollars ($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Neighborhood Improvement (West of Bristol St.) & Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St., Project No. 10-7554 & Project No. 07-7577 Bid Date: January 6, 2010 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of December A.D., 2009 ~/ C~~ ALL AME ICAN ASPHALT _ (SEAL) al Witness Title (~ ~~~~ FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety G/' ' ~ - A. Wilkison Witness -.-~ By '~ .~ (SEAL) William yr ~ ,Attorney-in-Fact Printed in cooperation with the American Institute of Architects (AIA} by Fidelity and Deposit Cornpany of Maryland . Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California county of Riverside on January 5, 2010 before me, Brenda L. Royster, Notary Public , Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(~of-Signer(Qf- SRENI)A L. Rc~YSTER ~^ Commission # 7 700922 <',:'-~; Notor PubIIC - California = z +y,~s,~ Y z Z ~„ _ ,. Riverside County ~- My Comm. Euup±res Oci 26, 20? 0 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/sl~e/tbey executed the same in hisAaerlt#~eir authorized Capacity(ies), and that by his/I,° 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 forgoing paragraph is true and correct. WITNESS my and and official seal. a ;` g Signature /~~'(~ry'>iC ~ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bidder's Bond -City of Santa Ana Document Date: December 28, 2009 Number of Pages: 3 Signer(s) Other Than Named Above: William Syrkln, Attorney-In-Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ^ Individual ^ Individual X Corporate Officer -Title(s): Vice President ^ Partner- ^ Limited ^ General ^ Attorney in Fact . ~ - ^ Trustee Top of thumb here ^ Other: Signer is Representing: ^ Corporate Officer -Title(s): - ^ Partner- ^ Limited ^ General ^ Attorney in Fact ^ Trustee 9°' ~. ^ Other: ~~' Signer ~ - - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 12-2$-09 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared William Syrkin Names} of Signerts) ,o. Commission # 1866283 <p:^zr ..t z Z,;. , ~fo Notary Public -California z z '~..._.., Oran D ~~.,, ge County ~'~''°` My Comm. Expires Sep 26, 2013 J Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name( is/efe subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/Mer~tiieir authorized capacity(ies), and that by his/Her~tHeif signatures} on the instrument the person(a}, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~/~'' . Signature of Notary Public OPTIONAL Though the information below is not required 6y law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: ~ 2-28-09 Signers} Other Than Named Above: All American As Capacity(ies) Claimed by Signer(sj Signer's Name: William Syrkin Individual !] Corporate Officer -Title(s): _ Partner - ^ Limited ~~ General Attorney in Fact Trustee Guardian or Conservator ':; Other: Signer Is Representing: __ Fidelity and Deposit Comoanv of Maryland ., Tap of thumb here Number of Pages: One Signer's Name: G Individual Corporate Officer -Title(s): _ Partner - ^ Limited ^ General =! Attorney in Fact C Trustee Guardian or Conservator u Other: Signer Is Representing: Top of thumb here - .. ®2067 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •ChaLSworth, CA 91 3 7 3-2402 • wvnv,NalionalNOtaryorg Item #5907 Reorder Call ToA-Free 1-806-876-6827 ~ Y • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS-BATES an f Irvine, California, EACH its true and lawful agent and Attorney-in-Fact, to mak e 'u ~ behalf as surety, and as its act and deed: any and all bonds and undert o ecu ' or undertakings in pursuance of these presents, shall be as binding upon 1 d s 1 ents and purposes, as if they had been duly executed and acknowled ~ y ele ompany at its office in Baltimore, Md., in their own proper persons b~drT' er rn ~ e on behalf of William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHAI2~ and ed April 8, 2008. The said Assistant s e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September, A.D. 2009. ATTEST: '~~ DEPOSfi o c ~'~ e O 1~ ? 4.,,..~r State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND r Gregory E. Murray Assistant Secretary ~; ^ /' By: , William J. Mills Vice President On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and with, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. I,c~~~ ~4L" i !,~ . Gl lG is I ~! !%!1 Ills\\ Marta D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 012-0033 + i EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting du}y called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 28th da of December 2009 y , ~~v~ ~ / Assistant Secretary