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Home My WebLink AboutALL AMERICAN ASPHALT (6)Recording Requested By, And Whcn Recorded Mail To: Clerk of nc? Council. City of Sanra Ana ?0 Civic Center Plana. P.O. Boa 1983 Santa Ana, CA 4??OZ Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 'I!Illlllllllllldll"IIIIIIIIIIIIIII'.I"IIIIIII'llllll''1''''IIIIIII N0 rEE 2011000336686 2:25 pm 01111111 7414N12 1 0,00 0.00 0.00 0,00 0.00 D,00 0.00 0.00 THiti SP,ICF. FOR CODA'T1' RECORDERS ?5E O?L1' NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN Thal the undersigned City of Santa Ana, California. a municipal comoration, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 921(11, is the owner of the propcdti hereinafter described, that said owner has caused conslnrction of SANTIAGO STREET REHABILITATION under contract entered into on c JANUARY 1R, 2111 I, tvith ALL AhIF.RIC,4N ,4SPHALT on which contract f IDELITY AND ?;DEPOSIT C0?9PANl' OF ti1ARYLAND is surety. The properly on which such work ? ? improvemcnl was placed is in the Cit}of Santa Ana, County of Orange, State of California, and described as Project No. 11.6131 located at: SANTIAGO STREET FROM SIXTH STREET TO M ? SANTA ANA BOULEVARD, The work improvement on said properly was accepted as y completed on JULY 1,20[l, CITY OF SANTr?? AN;1.:1 MUNICIPAL GORPORr1T10\ Dated: 1 lI ? City ?nainccr rnrr 1rERlFICATION 1, the undersigned, say:1 am the City Eneineer of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the o?aner of fhe property therein described; I make this verification on behalf of'said corporation by authorisation of the City Council of the Ciiy of Santa Ana; l have read said notice and know the contents thereof; and I declare under penalty of perjury that the I'acls therein st<?led are true. Eweeuted on ? 0 I , at Santa rlna, California t$iM2mie0 m;liviaua'.;wim'io?lhauht ?•naicoli ul 1iei?d ?irCmr.pktion arc Im¢,? THIS NOTICE OF CO?IPLL'fION tiIUST BE' RECORDED w9TBIViEV I Ifl) DAl'S AFTER COt<IPLE110N REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 TITLE: CONTRACT AWARD FOR SANTIAGO STREET REHABILITATION BETWEEN SIXTH STREET AND SANTA ANA BOULEVARD (PROJECT NO. 116737) ?° CITY MANAGER RECOMMENDED ACTION APPROVED JAN 1 8 2011 I??As Recommended ;x?3 l3 ? As Amended 0 Ordinance on ??` Reading ? Ordinance on 2"d 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 prices in the estimated amount of $328,000 for construction of Santiago Street from Sixth Street to Santa Ana Boulevard, and authorize the City Manager to execute necessary change orders in an amount not to exceed the contract plus approved contingency. 2. Approve a funding analysis with a total estimated construction cost of $463,300. DISCUSSION Santiago Street from Sixth Street to Santa Ana Boulevard has been identified as a high priority by 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, driveway approaches, curb ramps, and sidewalks are also in various states of disrepair and require replacement. This project provides for construction of new street pavement, and replacement of damaged concrete curbs and gutters. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the street. The Notice Inviting Bids was advertised on November 29 and December 1 , 201 O, and bids were opened on December 21 , 201 O. A summary of the bid invitations mailed, the bids received, and the bid results follows. CLERK OF COUNCIL USE ONLY: Santa Ana contractors receiving notices: 16 Contractors requesting bidding documents: 17 Bids received: g Bids received from Santa Ana contractors: 2 Contract Award For Santiago Street Rehabilitation January 18, 2011 Page 2 While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only two of the 16 Santa Ana contractors submitted a bid as a prime contractor: Hardy and Harper and FM & Sons, Inc. The other 14 Santa Ana contractors did not submit a bid either because they are either not capable of performing this type of work or they work as a subcontractor to certain prime contractors. The bids received are as follows: NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. All American Asphalt Corona $328,000.00 2. Excel Paving Company. Long Beach $361,976.00 3. Hardy & Harper Santa Ana $366,000.00 4. FM & Sons, Inc. Santa Ana $398,349.60 5. Bannaoun Engineers Chatsworth $404,310.00 6. Elite Bobcat Service, Inc_ Corona $419,914.00 7. Terra Pave, Inc_ Whittier $537,195.00 8. R.J. Noble Company Orange $529,305.00 A total of eight bids were received and all were responsive. The lowest bid was submitted by All American Asphalt for $328,000, which is below the Engineer's estimate of $400,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER No. 2010-145 was filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $463,300 for the project (Exhibit 2). Funds are available in the Proposition 1 B Fund (accounting unit 03017660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: r Raul Godinez II Francisco Gutierrez Executive Direct r Executive Director Public Works Agency Finance & Management Services Agency RG/ET Exhibit 1: Project Location Map 2: Funding Analysis is J? ?? ?? r? PROJECT LIMITS ?,,?, oR? EXHIBIT 1 ar??-, 0 SANTA ANA TITLE= ? '~.? ? P W A , AQEN7E° SANTIAGO STREET REHABILITATION ,?,qN_ ?_ 20ti SIXTH STREET TO SANTA ANA BOULEVARD P?a??? -?? •?E-?• (PROJECT NO. 116737) FUNDING ANALYSIS PROJECT NO. 116737 SANTIAGO STREET REHABILITATION FROM SIXTH STREET TO SANTA ANA BOULEVARD Construction Contract $328,000 Contract Administration $13,120 Inspection and Testing $24,600 Survey Staking $1 1 ,480 Contingencies $86,100 TOTAL ESTIMATED CONSTRUCTION COSTS $463.300 Exhibit 2 FUNDING ANALYSIS PROJECT NO. 116737 SANTIAGO STREET REHABILITATION FROM SIXTH STREET TO SANTA ANA BOULEVARD Construction Contract $328,000 Contract Administration $13,120 Inspection and Testing $24,600 Survey Staking $11,480 Contingencies $86,100 TOTAL ESTIMATED CONSTRUCTION COSTS $463.300 Exhibit 2 ORANGE COUNTY R E P O R T E R -SINCE 1921 - 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (774) 5432027 / Faz (714) 542-6841 Dina Melgar SANTA ANA/PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID -NOTICE INVITING BIDS Ad Description: Santiago St Rehab: 6th to Santa Ana Blvd 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 Gerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, ca?nty of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the States of California by the Superior Court of the County of ORANGE, State of Califomfa, under date 06/20/1922, Case No. 13421. 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: 1 1 /29!201 O, 7 210 1 /2 0 1 O Executed on: 12/01/2010 At Los Anaeles_ California 1 certify (or declare) under penaRY v/ ?eriW?i tl?f [1l?fore?ing is true and correct. ? / ??_/, ? space f« nling stamp OR #: 1995150 NOTICE INVfTING BIDS NOTICE IS HEREBY GIVEN Met the Gy of Same Ana. CiaNTOmfa will revYlVe et Ciy Hall-Boas Annslr. (M-43). 20 Gvie Canter Plaza, Sable Ana. CaNfomia 92]01, the Public Works A ¢n F FIOOr Rece t?On on Or ro B OYr o p. m. on uebey, Dacertbar 2/, 2010 eaelad bide and/or PropoeNS br PROJECT NO. +t-e]3]: SAN71AGo STREET REHABILITATION SIXTH STREET TO SANTA ANA BotAFVARD (WOda hldWas a>cayallon, aephelt concrep pavement. add mlllnp, sld?wNlts, ddvewa?yp?daWproseMS9?antl wheel elWr assess rartps, inetalletlOn of tra111e daleel« loops. roar ehavinq of sltleanq trove. utNNy adlvstmants, elgrYnq, and smpnq.) Ndlce p here given BIDDERS Mel in see«tlanee vMM Me poMelorre of the Cakfomia Labor Coda, not lees Men the prevrallnp rap o1 per diem wages for each erafi er yPe of worker rfrW meehenb roaWd ro e><ecute MB Oonbapt N Me IouNty M wllleh tlp work ie ro be pWperorbormatl, and trot leas than dp ganarW hdlg a opw.un,e ewro?rk ? wpgerrnlnee by Me Ofreot« of IndueWal Relaaona of Me Spp r>f Cdllomia shah be pekl to all workers enplgad. Faeh bid shall Ds aeeonpanksd by eeah, a easNefa or wNfled cheek payable to Me Gy a Sang Ana, or bid bond lasued by e corporate sursy, for an ertqunt not leas Man pn perwnt (1096) 01 Me prepay of Ma bW. v a araMee Met Me BIDDER wIN enpr Into Me prOpoaad eontreet If Ore same Is ewerrpd to him. The slpnettre of the BIDDER an fM bb bond M116T M notanad. Tfp Gty Council rosarvsa Me n9ht to reject .ny or all dde. The aueeeaafW BIDDER rtuat poeaeve or obpfn a valid CWIfoMa Clew A Conlraetore lieerme prbr ro Me aehadWed ewarrl date W His oonlract. There will ba a PRE-BID JOB MEETMG on-alts et the 90trtheaat comer OI SenNayo Street and Sella Ana Boupvard on Wedrtrday, Daeentber a. 2010 al to:elo.m. SubsMUtl«r of eawnnae 1« any rtnnlea withhskf by the City of Sang Ana ro ensure pedominrlee la alkwwid In eoeordarlee with Me Public Contract the Hens any ?peeltleatrorls ere aV ab10 in pOrtabia dOCVTBnt 10(m0t (PDF) on eonpact disk (GD) and in paper 1 mat. There Ie no oharpe for Meese Plana and SprrdNeatlona on CD. There Is a 524.53 sharps (non-relundable) f« Mere Rana and Sprlcllicatlone N paper Tonne!. dire a 514.42 edWtronel fee N rtlalled. Matra slacks peyeDls ro Me Ciy of Santa Ara. DO Nf7r CALL PURCHASING DIVISION REGARDING AVAILABILffY OF PLANS AND SPECIFICATM?NS. 11/20, 12/1/10 OR-1YGSlaOe 1 II VIII IIII VIII VIII VIII VIII III VIII III ¦III IINI III VIII .Itl II? ? A 0 0 0 0 0 1 9 5 7 4 6 6 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA (M-36) SANTA ANA, CA 92701 TRANS A , COVER SHEET DATE: December 14, 2010 PROJECT SUBJECT: ADDENDUM NO.: 1 NO.: 11-6737 MAIL REMARKS: PAGES ATTACHED: 2 STATION: M-36 PLEASE FAX OR EMAIL THIS PAGE ONLY TO: FAX NO.: (714) 647- 5635 'F EMAIL: RAGUIRRE40SANTA ANA.ORG PHONE NO.: (714) 647-5051 NOTE- UPON RECEIPT OF ADDENDUM, PLEASE SIGN THIS SHEET AND FAX OR EMAIL IT BACK TO THE CITY OF SANTA ANA ATTENTION: ROBERT AGUIRRE FAX NO.: (714) 647-5635 1 HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER: 1 PROJECT NO.: 11-6737 COMPANY: All AWCE' / a SIGNATURE: PRINT NAME: aGC DATE: /a a TITLE: MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero December 14, 201 O ADDENDUM No. ONE CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT No_ 11-6737: Santiago Street Rehabilitation, Sixth Street to Santa Ana Boulevard The following changes have been made to specifications of the subject project: Specifications 1. Page 2, Section 1.04 LIQUIDATED DAMAGES. Insert the following after paragraph 1: "Project Phasing As referenced in Section 4.02, Phases I, III, IV, and V shall be completed within five (5) working days and Phase II shall be completed within one (1) weekend. Work shall proceed in a timely fashion until the work is completed to the satisfaction of the Engineer. Liquidated damages, at the rate of $2,400 per working day, shall be assessed for failing to complete each project phase within the abovementioned timeframe." 2. Page 20, Section 2.15 POTHOLE UTILITIES. Replace with the following: "This section shall conform to Section 5: Utilities of the Standard Specifications and these Special Provisions. Contractor shall determine the location and depth of all utilities and shall coordinate as needed with the respective owners. Payment for Pothole Unmarked Utilities shall be paid per each on an as-needed basis, for utilities not shown on the plans, and as determined by the Engineer. Potholing Utilities shown on the plan shall be included in the other items of work involved and no additional compensation shall be allowed therefore. Payment shall include full compensation for furnishing all materials, labor, equipment, traffic controls, all associated costs and incidentals for doing each pothole plus replacing hole and surface in kind and no additional compensation will be allowed therefore." December 14, 2010 ADDENDUM No. ONE PROJECT No. 11 -6737 Page 2 All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA r George Alvarez City Engineer N C/1 N ??j ? '. /? N N ' ? ? - 1?1 m U °- O ?? 0 Q? U ? ? ? ? ? o ? _ z o Q ? ?? ?-? ? ?? ? ? ? ? ? ?? ?s ? ? ? ??.? CITY OF SANTA ANA PROJECT NO. 1 16737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE C17Y OF SANTA ANA FROM: 811 p / me-t o-o-ti 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, specifications and special provisions, for 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 1,480 S-13 -q _ $ 53-zo - 2. AC Pavement TN 3,040 $ `L f .50 s2_1-7 (a o- 3. Cold Mill (1.5") SF 8,500 $_95 4. Pulverize (14") SF 59,100 %35 $1??g5 5. PCC Sidewalk (4") SF 30 $3-95- 5?- 6. PCC Driveway Approach (T= 8") SF 430 $1 5- $ [ny5o- 7. PCC Curb Ramp SF 180 $ P5 - $ Z'? D Q- 8. PCC Curb and Gutter (Type A-2-8) LF 60 $- $?QQtj- 9. Root Shave EA 1 $ 500- $ 5z?- 10. Adjust Manhole to Finished Grade EA 5 S 41 OD - $ 11. Furnish and Install Water Valve Box EA 12 $ f5o _ $1 Va Frame and Cover 12. Furnish and Install Water Meter Box EA I $Op - $ yZap-- Frame and Cover 13. Furnish and Install Pullbox EA 2 $ (POO - $I TO BE INCLUDED IN BID PACKAGE BP 1 of 13 CITY OF SANTA ANA PROJECT NO. 1 16737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL 8c CONTRACT AGREEMENT BID PROPOSAL_ continued Item # Bid Item Unit Quantity Unit Price mount A 14. Adjust Survey Monument EA 2 $ ?QQ - r - $ t</QO- 15. Traffic Loop Detector fi EA 9 $ Z2 5_ $?-OZJ`?- 16. Pothole Unmarked Utilities c EA 5 $ 3?0- $ ?] ?- 17. Temporary Construction Sign EA 4 $ -! 50- ?J O?"' $ 18. Signing and Striping t LS 1 '? ?? / $ 1???? TOTAL BID-------------------------------------------------------------------------------- $?rCk?0?00 The lowest responsible bidder shall be selected based on the low TOTAL; BID. -- -? This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifi cations. PROJECT NO. 1 16737 BIDDER Santiago Street Rehabilitation fr Si h S S l d /?? Firm ? / / ' ? ? om xt treet to anta Ana Bou evar I `?PX? Gl.,{ 1 ( 5? L Address ?U ?X ? ?? ?Q?'?c/?.Q? Phone ?? ? ,?3?-? C9y V ?®° ?S' Fax -1 ? ? ? ? ? ??Y? ?. Email ? GA W 1`' 1 LIJK ?u?r ?'" _ /9"=r???T BIDDER Signature bey--F ,$ ? p , v TO BE INCLUDED IN BID PACKAGE BP 2 of 13 CITY OF SANTA ANA PROJECT NO. 1 16737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD 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; ''/z`% 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 ??G?, ? - pY_?,f '??1 i /1 ???.% r1Q LOCATION ?Gt ?7? ? ? G'? PHONE ?Z ? ? ?3 TYPE OF WORK $ Qi7Q _ NAME L, i7 LOCATION a PHONE '"? (Q? TYPE OF WORK i.?J $ - NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME SOI ? ?? ?, `?r"?7 ? f ????u?!/t?1 ??7.. LOCATION v rz. Q G PHONE ? 1 ? ?? ` ? ?2? TYPE OF WORK „-? $ y??L-- NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ Na f F- ?tting B' Signature of BIDDER lob ?- k i3 rid ? ? , ?' ? erL ?re51 c?/L? TO BE INCLUDED IN BID PACKAGE BP3of13 CITY OF SANTA ANA PROJECT NO. 1 16737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL 8c 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) shalt constitute the entire agreement between BIDDER and the AGENCY only afrer 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 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 BIDDF_R 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 (1 O) 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 estima[cd 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.l Name of Firm A+? ? j'?'??'?(7?-(/? r`S?h?-` Signature of BIDDER Title ?C?, ?(?.pX.? (if an individual, so state) s,??- TO BE INCLUDED IN BID PACKAGE BP4of13 C1TY OF SANTA ANA PROJECT NO_ 1 ] 6737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL AND CONTRACT AGREEMENT (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.) BIDDER'S STATEMENT continued ATTEST: /Qit1?- ? - ?)1/ CLERK OF THF_ COUNCIL' APPROVED AS TO FORM: ?? \r,` i CITY ATTORNEY ACCEPTED FOR THE CITY OF SANTA ANA= EXECUTIVE DIRE T R PUBLIC WORKS A NCY BPSof13 TO BE INCLUDED IN BID PACKAGE AWardg('J tO (1L!//1?»?ni?,?? [?4Q?./iy? on the basis of IOwest re ACTION OF COUNCIL: bidder in the amount. Of Sponsible anc ! .,or„ .r. $ 130?? d ?U Date ? 20 l/ CITY OF SANTA ANA PROJECT NO. 1 16737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION O_F 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 no[icc 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 1 1246 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 [his contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 1 1246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 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 BP6of13 CITY OF SANTA ANA PROJECT NO. 116737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD 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 1 1246 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 en[cr 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 «_-r--?_ Title ?? i `'? ? ?n.?- Firm t? ? ?_? ? ? ? --? Date 1 ?" ` ?? \ ? 1+ TO BE INCLUDED IN BID PACKAGE BP7of 13 CITY OF SANTA ANA PROJECT NO. 116737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by Califomia Labor Code Section 1860 and 1861, the Contractor certil7es 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 (arc) 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 Slgne Title Firm Date TO BE INCLUDED IN BID PACKAGE BP8of13 CITY OF SANTA ANA PROJECT NO. 116737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD 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 wit -n the p st two years- Name and Address of Owner. ? Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Typc 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. Fic?eli??.t ? ?Pr?r??,-?-C?, ??n.-? e?-? IU1?a i? R?? w ?ra?i 131t,r? Glendal?.?A-?1?_? ? qv?1-?s5?-?1?G G (?i,L1?Y? hl- ?Y6LJn 7?SUr??1CP_?4UI?1??nlrl? ??r?or-?`?c Solu?-iUn? 5530 Tra(?uCa?? Zrvir?-? C4 `T???? Edcae?.,ncrl ?a r-? Hers 1n =?. r? Yi?a ? ? L'? ? t `-/ ? f ? I ?? Wiz: ?' ? n P C',-h?, i31 v? I,J Ste- ? pU r???- i ? ?a? ( ? TO BE INCLUDED IN BID PACKAGE BP9of13 "2010" PAST WORK REFERENCES City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edwazd Torres, (714) 647-5018 City of Chino 13220 Central Avenue Chino, CA 91790 Contact: Emani Naghmeh, (909) 464-8367 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628-1200 Contact: Thomas Banks, (714) 754-5222 City of Westminster 8200 Westminster Boulevazd Westminster, CA 92683 Contact: Tuan Pham, (714) 898-3311 ext. 209 City of Pazamount 16400 Colorado Avenue Pazamount, CA 90723-5012 Contact: Ed Cox, (562) 908-6205 City of Cerritos 18125 Bloomfield Avenue Cerritos, CA 90703-3130 Contact: Rash Syed, (562) 916-1221 City of Anaheim 200 South Anaheim Boulevazd Anaheim, CA 92805 Contact: Sean Ramsey, (714) 765-5059 City of Garden Grove 1 1222 Acacia Pazkway Garden Grove, CA 92842 Contact: (714) 741-5180 Segerstrom Avenue Rehabilitation Contract Amount: $2,094,618.00 Start: 11 /2009 Completed: 3/30/201 O Street Rehabilitation Project FY 08/09 Contract Amount: $2,127,501.00 Start: 11/2009 Completed: 5/31/201 O Rehabilitation of Vanguard Way Contract Amount: $517,646.00 Start: 12/2009 Completed: 2/30/201 O City-wide Overlay 09-10 St. Improvement Project Contract Amount: $1,171.416.00 Start: 2/ 1 /201 O Completed: 5/30/201 O Resurfacing in Rosecrans Avenue Contract Amount: $572,209.00 Start: 10/1/2009 Completed: 5/30/201 O Bloomfield Avenue Improvements Contract Amount: $1,103,000.00 Start: 3/1/201 O Completed: 6/20/201 O Magnolia Avenue Street Improvements Contract Amount: $868,000.00 Start: 4/ 1 /201 O Completed: 7/20/201 O Hazbor Boulevazd Street Rehabilitation Contract Amount: $919,000.00 Start: 3/ 1 /201 O Completed: 6/30/201 O "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 Prop 1 B Street Maintenance Contract Amount: $993,993.00 Start: 7/2009 On-going -not completed yet 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 9021 O Contact: Juan Martinez, (31 O) 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, (31 O) 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 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 21 O Detour Contract Amount: $1,983,548.00 Start: 6/2009 Completed: 9/2009 CITY OF SANTA ANA PROJECT NO. ] 16737= SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICFSHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1 777.5 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 Apprenticeship Cou il. Signed ???????'a_?_6?? Title Firm Date TO BE INCLUDED IN BID PACKAGE BP 10 of 13 CITY OF SANTA ANA PROJECT NO. 1 16737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 1 12 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 cauti??d tha?ak? a false certification may subject the certifier to criminal prosecution. Signed _?'GL? L "???? 2 ?b?,r-i- ra Pr'e_c t State of California County of , Subscribed and sworn to (or affirmed) before me on this day of 20 by ,proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. S ? ?- Notary Public Signature Notary Public Scal TO BE INCLUDED IN BID PACKAGE BP 11 of 13 CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of Riverside CARMEN MARIE OCIiOA Commission # 1812634 z ;-u Notary Public -California a Rivers lde County My Comm. Ex Tres Sep 8, 2012 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 20th day of December .201 O Dale 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 Proved to me on the basis of satisfactory evidence be the perso?nn?wnh?onappe?%a///rJe/ld?before me.) Signature ???%!Z??il?i+?[ /?? ! UiC.c--C, 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 Doc(?ument ?? ? - ? ? 1 ? ?, ., ? ??"? ??U Document Date: I V ?? Numppber of PV1age?s: 1 Signer(s) Other Than Named Above: ICJ ? 1 `X Capacity(?S`) Cla{i''?med` -by Signerss?' Signer's Name: "I?YJ?i?(? ????? Signer's Name: o Individual F Individual Corporate Officer -Title: ?l C?? o Corporate Officer - T- s): o Partner-o Limited o General o Partner-o Lim' d o General _ °"" - --- o Attorney in Fact - o Attorney in act - oTrustee Top of thumb here Top of thumb here o Trustee o Other: o Other: is Repres@nting: Si ner is Re resentin /Qwlno ??? ?? .n d ?n?n I 9 P 9? CITY OF SANTA ANA PROJECT NO. 116737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI-KICKBACK" REOUIRFMFNTS 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 (1 S 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. Title Firm ? 1 ? {?? r ? ?? ? ??'? ?? ` ? - ? ? cam( l Date ? ? I ?'? ? 1 ? r TO BE INCLUDED IN BID PACKAGE BP 12 of 13 CITY OF SANTA ANA PROJECT NO. 1 16737: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD 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. /? h Contractor's Name: _ ? ? 1 ?'tVY)P?'?l C ??? ?1 ??/ /?/ `? ?y n Business Address: ? ?i _ ??J X '? `/?"?/ I ??t i ? rlU i l i?,`?- C-? ? ? ? ?? Telephone: C? ? ? ' ? ;?? ? ? ? (?? ? ?? State Contractor's License No. and ? ?- Class: ? ?_?'?? ?-? 1 Expiry Date: Signer Title: TO 13E INCLUDED IN BLD PACKAGE BP 13 of I3 v ? Fidelity and Deposit Company of Maryland <<??/tE? Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Ail American Asphalt BOND NO. 08597423 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 City of Santa Ana as Obligee, (hereinafter called the "Obligee"), in the sum of Ten Percent of Bid Price in _________________________________________ Dollars ($ 10% of 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 Santiago Street Rehabilitation, Sixth Street to Santa Ana Boulevard, Project No. 116737 Bid Date: December 21 , 201 O 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 1 ?.4h day of December 201 O (SEAL) Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches [hat [he language in the document conforms exactly [o [he language used in AIA Document A-310, February 1970 Edition. BID70000ZZ070If FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By ? ? D a? rs]??P.N-???n_. (SEAAL) Barbara J. Bender Witness Rebecca Haas-Bates Attorney-tit-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On December 20. 201 O before me, Carmen Marie Ochoa. Notary Public , Dale Here Insert name antl Title of the Oscar personally appeared Robert Bradley Neme{e) or Signer(y f who proved to me on the basis of satisfactory evidence to be the person(s? whose name(s? is/aFa subscribed to the within instrument and acknowledged to me that he/skaa?ia?r executed the same in his/kaacfthaiF authorized capacityFies), and that by hisllaarlitaeic CARMEN MARIE OCHOA signature(r,? on the instrument the person(s?, or the entity upon behalf -_ Commission # 1812634 of which the person(s) acted, executed the instrument. 'O? ? Notary Public -California Rlversltle County ? I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Sep 8. 2012 California that the forgoing paragraph is true and correct. WITNESS my?(i/a?n?d wand official sea?l?. Signature l/J??WV?n.P?? i?L''(? Plaea Notary Seal Above Slgnatura of Notary Publlc - 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 Document Date: Signer(s) Other Than Named Above: Capacity(ioy Claimed by Signer( Signer's Name: Robert Bradley olndividual X Corporate Officer - Title(s?: Vice President o Partner- o Limited o General o Attorney in Fact o Trustee o Other: Signer is Representing: Signers Name: o Individual o Corporate Officer -Title(s): a Partner - o Limited o neral o Attorney in Fa ' Top or thumt o Trustee o O r: Signer is Representing: r ? r? ?Y?? CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of Orange Ji On 12-15-10 before me, Barbara J. Bender, Notary Public Dete Here Insert Nama antl Title o! \he OHICar ' personally appeared Rebecca Haas-Bates who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s? is/ere subscribed to the within instrument and acknowledged to me that +ro/she/EHey executed the same in +Ka/her/khcir authorized capacity(+e9), and that by I?is/herfiiasif signature(c} on the instrument the person(s}, or the entity upon behalf of which the persons} acted, executed the instrument. _ BARBARA J. BENDER I certify under PENALTY OF PERJURY under the laws (??` i Commission # 1b0189s of the State of California that the foregoing paragraph is ??i ? ?•??- Notary Public -California ?_ ?` Orange County true and correct. My Comm. Expires Jul 13, 2012 WITNESS y nd a offic" I s Signature Place Notary Seel Above lgnatur 1 Notary Public OPT/ONAL Though the information below is not required by law, it may prove valuab/e to persons relying on the document and cou/d prevent fraudulent removal and reattachment of this rorm to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 1 2-1 5-1 O Number of Pages: One (1 ) Signer(s) Other Than Named Above: All American_Asphalt _ __ Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates O Individual Corporate Officer -Title(s): Partner - L Limited C? General _ I? Attorney in Fac[ ?- - ._. Trustee Top of thumb hate Guardian or Conservator Other: Signer Is Representing: _ Fidelity and Deposit Company of Maryland Signer's Name: ? ;Individual !? Corporate Officer -Title(s): r=? Partner - O Limited L General -?? Attorney in Fact L Trustee u Guardian or Conservator Other: __ Signer Is Representing: Top o! thumb here _--_._ ___- ___ _____._-._.____._ ___.___ _..____. _.__.___._ _____. ..__.._..__..____-.__._? _._R__?_r._-?._._ ®200] National Notary Assoc,ation • 9350 De Soto Ara P.O. Boa 2402 • GhaL,wor[h, CA 91313-2402 • www.NalbnalNOtaryorg Item #590] Reorder-Call Toll-Free 1-8068]6-662] 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 Vi, Section 2, of the By-Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d i? ?iereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS-BATES an???e?r?? f Irvine, California, EACH its true and lawful agent and Attorney-in-Fact, to mak ?? I- e v behalf as surety, and as its act and deed: any and all bonds and undert °' `?, ?e?ecu? ? or undertakings in pursuance of these presents, shall be as binding upon???-??rr?? 1 astd?t ? I ?ents and purposes, as if they had been duly executed and acknowled iy ele?????s}i?Si? ompany at its office in Baltimore, Md., in their own proper persons er rn r e on behalf of William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHA and F? d April 8, 2008_ The said Assistant s?e eb?1`?ify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- 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: 'gyp OEPO,y??i ??? o ??. ? r UM i 4.r.ni State of Maryland ss: City of Baltimore FIDELITY AND ??F°G•:SIT CQMPANY QF MARYLAND [__ J ?"µ'? it n __ By: Gregory E_ Murray Assistant Secretary 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 saith, 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. ?? ? , , r .._ _ `F G? ?r<G[.PPCf. ,. ?i `? i)n nt?" Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F O'I2-0033 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 VPresidents specially authorized by the Board of Du-ectors 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 DEPO :IT Ct"?r?P.4NY OF' MARYLAND at a meeting duly called and held on the 1 Oth 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 15th day of DECEMBER 2010 Assistant Secretary