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GARCIA JUAREZ CONSTRUCTION
Recording Requested By, And When Recorded Mail To: Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 mwGvluwu 111 VIIKIal met vl Tom Dalv. Clerk.Reeorder Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder ' IIIIIII II] II11I11111II11I11111[1 IIIPIIIIIIIIJ1I1 [I11111III�I III IIII NO FEE + E R 0 0 0 4 5 7 3 4 1 6$+ 2012000096863 3:41 pm 02121112 7 417 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORITE4 USE'ANLY a NOTICE OF COMPLETION V 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 SANTA CLARA AVENUE SEWER AND WATER MAIN IMPROVEMENTS e under contract entered into on MARCH 21, 2011 with GARCIA JUAREZ CONSTRUCTION " INC., on which contract THE GUARANTEE COMPANY OF NORTH AMERICA USA is xw surety. The property on which such work improvement was placed is in the City of Santa Ana, U o County of Orange, State of California, and described as Project No. 10 -6600 located at: SANTA m CLARA AVENUE BETWEEN SPURGEON STREET AND LINCOLN AVENUE. The work p w improvement on said property was accepted as completed on FEBRUARY 16, 2012. z� 0 7 CITY SANTA ANA, A MUNICIPAL CORPORATION vx v by n. ecl .1/l QA 1� Dated: / City Engineer TITLE z Q' o� 0,-.; OU 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 :)-I 1 � / 17-- at Santa Ana, California (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION 7 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2011 TITLE: CONTRACT AWARD FOR SANTA CLARA AVENUE SEWER AND WATER MAIN IMPROVEMENTS (PROJECT NOS. 106600 8. 116409) CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED v� "J2 � —�J o`c23 � L✓J sas Recommended � As Amended � Ordinance on 1 °` Reading � Ordinance on 2ntl Reading � Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Garcia Juarez Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,196,325 for construction of Santa Clara Avenue sewer and water main improvements. 2. Approve a funding analysis with a total estimated construction cost of $1,495,400. DISCUSSION This project provides for the replacement of deteriorated and undersized sewer and water pipes (Exhibit 1). The improvements include installation of new sewer and water mains, fire hydrants, main gate valves, and water services. Once completed, water main breaks and leaks associated with the older and deteriorated water mains will be eliminated. In addition, sewer capacity will be increased, and water service capacity and fire protection will be enhanced. The Notice Inviting Bids was advertised on December 13 and 15, 2010, and bids were opened on January 6, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 8 Contractors requesting bidding documents: 28 Bids received: 13 Bids received from Santa Ana Contractors: O Contract Award For Santa Clara Avenue Sewer and Water Main Improvements March 21, 2011 Page 2 NAME OF RESPONSIVE BIDDER C CITY B BID AMOUNT 1. G Garcia Juarez Construction, Inc. B Brea $ $1,196,325.00 2. M Mike Bubalo Construction Company B Baldwin Park $ $1 ,241 ,900.00 3. N Nikola Corporation I Irvine $ $1,311,370.00 4. D Dominguez General Engineering, Inc. R Rosemead $ $1 ,31 1 ,645.00 5. K Kana Pipeline, Inc. P Placentia $ $1,370,000.00 6. J J. De Sigio Construction, Inc. B Baldwin Park $ $1,374,575.00 7. T T.E. Roberts, Inc. T Tustin $ $1,404,072.50 8. V Vido Artukovich & Son, Inc. S S. El Monte $ $1,422,800.00 9. T T. B. U., Inc. B Beaumont $ $1,532,985.00 10. M MNR Construction, Inc. S San Dimas $ $1,537,400.00 11. J J. A. Salazar Construction & Supply L La Habra $ $1,594,605.00 12. S Savala Construction I Irvine $ $1,740,692.15 13. B Blois Construction, Inc. O Oxnard $ $1,861,130.00 the City received a bid protest from Mike Bubafo Construction Co., Inc., alleging that the low bidder submitted a late bid, and should have been disqualified. The contractor asserted that the late filing cannot be waived because it is a material irregularity which affects the amount of the bid and /or gives the late bidder an advantage over other bidders. The protesting party has the burden of proof to demonstrate that the staff's determination of proposed low bidder is arbitrary and capricious, or unsupported by substantial evidence in the record. The parties agree to the following facts: • The Notice Inviting Bids provides that the City will receive sealed bids "on or before the hour of 2:00 p.m." Additionally, the Instructions to Bidders warns that it is the bidder's responsibility to ensure delivery of the proposal to "...the Public Works Agency, Fourth Floor Receptionist, prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered." Contract Award For Santa Clara Avenue Sewer and Water Main Improvements March 21, 2011 Page 3 • The low bid, submitted by Garcia Juarez Construction, Inc., was handed to the City at approximately 2:00:10. The envelope was returned to the bidder as it was not properly sealed, whereupon, the low bidder's representative sealed the envelope and returned it to the Public Works representative at 2:00 :40. • The bid was accepted by a representative from the Public Works Agency and was eventually determined to be the low bidder. • The second low bidder timely submitted a protest asserting that the delivery of the bid at 2:00:40 did not conform to the bid specifications and the bid should not have been accepted. • Both state law and the City's bid documents and policies prohibit the consideration of late bids. Cal. Government Code §53068, Cal Public Contract Code §10168. The dispute rests on each party's interpretation of "on or before" the hour of 2:00 p.m. The protesting party contends that any bid submitted after 2:00:00 is late. In support of its contention, the protesting party stated that it has submitted bids in many cities and the majority of those cities close their bid at the beginning of the hour. However, some cities utilizing a time clock without a second hand do allow bids until 2:01. Other cities' language regarding bid closure time was not provided. Santa Ana normally utilizes a time stamp that is accurate to the minute. Therefore, City policy has been that any bid submitted until 2:01 will be accepted. At 2:01 p.m., the bid would be deemed late. On the date the subject bid was closed, the time stamp was not working and interested bidders were watching the digital clock located behind the clerk's desk, which registers seconds. In compliance with the City's practice of accepting bids at 2:00, which includes the 59 seconds between 2:00:00 and 2:01, the City accepted bids until the digital clock registered 2:01. The parties agree that if the bid was submitted late, the City could not accept it. However, the protesting party did not demonstrate that the City's policy of including the 59 seconds between 2 :00:00 and 2:01:00, in its interpretation of "on or before 2 :00 p.m." is arbitrary or capricious. Therefore, the bid submitted by Garcia Juarez Construction, Inc., was determined to be filed on time and should be accepted by the City of Santa Ana. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2011 -03 has been filed. Contract Award For Santa Clara Avenue Sewer and Water Main Improvements March 21, 2011 Page 4 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,495,400 for the project (Exhibit 2). Funds are available in the Water Utility Capital Projects Fund (accounting unit 06617647 - 66301) and the Sewer Services Capital Projects Fund (accounting unit 05517660- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez 1 Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Management Services Agency RG/WA Exhibit 1: Project Location Map 2: Funding Analysis EXHIBIT 1 VICINITY MAP NOT TO SCALE SANTA ANA GPTIOIy �� City Council Title° o° ��� 9sA SANTA CLARA AVE /�. , ,� � P W A ] A enda Date SEWER ANO WATER MAIN IMPROVEMENTS 1 I " "y � March 21, 2011 PROJECT NO. 10 -6600 AND 11 -6409 PVBL4 WORI(5 AGENCY FUNDING ANALYSIS PROJECT NOS. 106600 AND 116409 SANTA CLARA AVENUE SEWER AND WATER MAIN IMPROVEMENTS Construction Contract $1,196,325 Contract Administration $34,443 Inspection and Testing $90,000 Survey Staking $55,000 Contingencies $1 19,632 TOTAL ESTIMATED CONSTRUCTION COSTS 1.495.400 Exhibit 2 ORANGE COUNTY R E P O R T E R — SINCE '192'1 — 600 W SANTA ANA BLVD, SANTA ANA, CA 9270'1 Telephone (7'14) 543 -2027 /Fax (7'14) 542 -684'1 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: Santa Clara Ave Sewer 8 Water Main Impry 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 [he above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/'1922, Case No. '1342'1. 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, t0 -Wlt: 1 2/ � 3/20'1 O, � 2/1 5/20'1 O Executed on: '12/'16/20'10 At Los Angeles, California I ce rGfy (or declare) under penalty of perry chat [F1e foregoing is true and correct. /, i �. �� This space for riling stamp only O R #: 2004897 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will a[ City Hall -Ross Annex, (M- 43)r¢201 Civic Canlar Plaza, Santa Ana, California 92701, lha ubli � Works Aggpcy� Fourth Floor Rio i�st. on or before l i�a�our� 2.l)O p.m. Thursday January 6. 2011 sealetl obitls and /or proposals- PROJECT NO. 10 -6600: Santa Clara Avenue Sawar antl Water Main Improvements This work includes A) Tha construction of approximately 2,225 linear feet of B" PVC s main and appurtenances, �nclutling amanhclas ntl s r laterals. B) Thera construction of approximately 1,640 linear feel of 8" PVC water main and appurtenances, nclutling fire hydrants and water services. C) Tha m struclion of approximately 1.540 linear feel oT 16' Ductile Iron water hydrants antlp pa L¢enanc ca�s,�nclutling fire Notice is herby given BIDDERS that in accordance with the provisions of the California Labor Cotle. not less Than lha prevailing rate of per tliam wages for each craft or type of worker and mechanic aadatl to execute Iha co tract in [he locality which [he work is to ba partormeQ antl not lass than the general prevailing rate of par diem ages for holiday a d o anima work as determined by the Director of Industrial Relations of the Slate of California shall be paid to all workers employed. Each bitl shall ba accompanied by cash, a cashier's or certified check payable to [he City of Santa Ana. or bitl bond issuetl by a corporate surely, for an amount not lass than tan percent (10%) of the aggregate f the bid, as a guarantee that the BIDDER will enter into [ha proposetl contract if the s is awarded to him. Tha s g attire of the BIDDER on [he bitl bontl MUST ba notarized. Tha City Council reserves lha right to reject any or all bids. Tha successful BIDDER must possess or obtain a valitl California Class (A or C3a) Contractor's license poor to the schatluletl awartl data of [his contract. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance allowetl in accordance with [he Public Contract code. Complete sell of the Plans and 5 ecif cations will ba furnished u on application to the P brc orks aency Fvsl Floo 20 Civic Center Plaza Santa Ana Carforn'a 92701 phone fetal 647 - 6680_ There is a $24.53 charne (non- refundable) for these Pla and Specifications, plus a $1272 additional fee if mailed_ Make checks payable to the City of Santa Ana. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 12/13, 12/15/10 OR- 200469T# 1111111 III VIII VIII IIII IIII IIII VIII VIII IIII ill IIII III I IIII IIII * A 0 0 0 0 0 1 9 7 6 7 5 2 i I CITY OF SANTA ANA — PROTECT . NO_ 10 -6600: SANTA CLARA AVENUE SEWER IMPROVEMENTS PROPOSAL 8c CONTRACT AGREEMENT BID PROPOSAL TO: CTI'Y CO1:7NCII., OF THE CITY OF SANTA ANA FROM: Garcia Juarez Construction Inc. AND WATER MAIl�T ' REQUIREMENT: The undersigned declazes that he /she has cazefully exa*n;*�ed 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 fiunish all material and do all the work required to complete the said work in accordance with said plans (if any), specifications and special provisions, for the unit prices) or lump sums) set forth in the following schedule: Item # - Bid Item Unit Onantity Unit Price Amountrr 1 Construct 8" PVC SDR -35 Sewer Main LF 2,225 $ � � a $�Od 2 Construct 6" PVC SDR -35 Tie -Ins to Existing EA 3 $� �QO $. �j�000 — Sewer Main 3 Imported Backfill for Sewer Main Construction. CY 1,500 $ � $ � SOO (if Required)* �— 4 Construct New P.C.C. Sewer Manhole EA 8 $ a0 0 $�� 5 Remove Existing Sewer Manhole EA 7 $ 30 0 $��� pd 6 Construct. 4" PVC Sewer Lateral and Cleanout 51 from Sewer Main to Property Line per C.S.A. Std. EA $ ��S ©0 $ iCo 5 bQ 1204 (Open Trench) —""T— 7 Construct 4" HDPE Sewer Lateral and Cleanout 19 from Sewer Main to Properly Line per C.S.A. Std. EA $�S O� $ 2.500 1204A (Pipe Burst) 8 CCTV Inspection of Newly Constructed PVC- LS 1 $�Sbb $ `JOO Sewer Main and Newly Constructed PVC Sewer Laterals 9 Sheeting Shoring and Trench Protection LS 1 $���� $�� TOTAL SCHEDULE A (Items 1- 9)------------------------------------ ---------------- - - - - -- $ 5�� (7�d BP.1 OF.14 PROJECT NO. 10 -6600: SANTA CL,ARA AVENUE SEWER AND WATER MAIN IMPROVEMENTS PROPOSAL 8c CONTRACT AGREEMENT BID PROPOSAL - CONTINUED Item # Bid Item Unit Quantity Unit Price Amount 10 16" Class 250, AWWA C111 Ductile Iron Water LF 1,540 - $�_ $ r %-], IC7� Main TT 11 12" Class 200, AWWA C900 P.V.C. Water Main LF 12 8" Class 200 AWWA C900 P.V.C. Water Main LF 12 Construct 1" Water Service per City Std. Plan EA 61 1401 $_�s �IOU6 13 Construct 2" Water Service per City Std. Plan EA" 4• 1402 $ IZOOd 14 16" Butterfly Valve EA 15 12" Resilient Wedge Gate Valve _ EA 16 8" Resilient Wedge Gate Valve EA 17 4" Service Connection Including 4" RWGV EA 18 4" Fire Line Connection Including 4" RWGV EA 19 8" X 8" Hot Tap Including Tapping Sleeve and EA 41,600 Valve $ ZCJC)��(�� 20 New Fire Hydrant Assembly, Including Gate. EA '- --- -- ---------------- Valve and Lateral Pipe 21 Construct 6" thick P.C.C. Pavement Sq Ft 22 Traffic Control, Striping and Pavement Markings LS TOTAL SCHEDULE B (Items 10- 22 )----------------------- - - - - -• BP20F 14 . 45 $ 1 ZS $ (� Z 1,640 $ 1 (_� $�,(�4 �C71 61 $�Q $_�s �IOU6 1 $ 7�0 $ ZCA6 4• $� $ IZOOd 1 _ $ Z,(,� $ TAOa 8 $ o� $ 1ZO� 1 $ 2 000 $ Zc7oa 1 $2.000 $ ZOO 1 $�0 000 $�' 7 $ 3ood $ `Z. I,,O��Oo 41,600 $_� $ ZCJC)��(�� . 1 $� $� '- --- -- ---------------- �B��o� PROTECT NO_ 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MAIN `' IMPROVEMENTS PROPOSAL 8� CONTRACT AGREEMENT BID PROPOSAL, continued TOTAL BID (S CHEDULE A + B)------------------------------------------------------ - - - - -- $ ' 1 q iv .. Z� The lowest responsible bidder shall be selected based on the lowest Total Bid (Schedule A +B). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be sub }ect 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. PROJECT NO. 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MAIN Il��ROVEMENTS Firm Address Phone Fax Email BIDDER Signature BP30F14 BIDDER G �n rc 6 a � Q.e � e-� .-:�� P_O_ S ®X 3U9 area, CA' 928�� - ®3 ®9 g 5�� l'S 7- x.35 q sib 6 5 �- 3 p 5s CITY OF SANTA ANA PROTECT NO. 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MA2-1 IMPROVEMENTS 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; 1/2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: 1/2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $. NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $ NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $ NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $ Construction Inc. ame o irm Sub itting Bid S i a of dd BP 4 OF 14 CITY OF SANTA -ANA PROTECT NO. 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MAIIV IMPROVEMENTS PROPOSAL 8s 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 or his duly authorized agent, and signed by the City Attorney, demoting 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 if 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 Seal 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 speci part of this bid. Name of Firm. uare Is+r. Signature of Bidder Title- � �P hC 5' . oQ L° .,e. --� (if an individual, so state) BP 5 OF 14 CITY OF SANTA ANA PROJECT NO. 10 -6600: SANTA. CLARA AVENUE SEWER AND WATER MAII�T IlVIPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT - CONTINUED (If a firm or co- partr�ership, 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) Garcia Je�orez construction Inc. . �T.:,. -, -�f �c��sc�. -, — %�-� s, Sec ��s� �� g— ACTION OF COUNCII..: AW9lyded• �oa%n�. Q- /i,Aibi� � �i i on the b of bidder in the amours of / - /� � 9'loz 3o�s . ,� Date <����5 0� /_ 20 // ATTEST: /? . � - CLERK OF T CO APPROVED AS TO FORM: ��a� .. CXI'Y ATTORNEY ACCEPTED FOR THE CITY OF SANTA ANA: EXE UTT�E D OR PUBLIC WORKS AGENCY BP6OF14 CITY OF SANTA ANA PROTECT NO. 10 -6600: SANTA CLARA AVENUE .SEWER AND WATER MAIIV IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRINIII�7ATION 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 aze 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 term;,,ation; 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 has a collective barga;r,;r,g 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 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 adrr,;,,;stering 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 thin 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 BP 7 OF 14 CITY OF SANTA ANA PROJECT NO. 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MAIN IlVIPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIl�yATION BY CONTRACTOR - CONTINUED 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. 7. The Contractor shall include the portion of the sentence immediately preceding pazagraph (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. o£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, ratio 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 Se ubject o all the penalties imposed for a violation of the Chapter. Signed 'Title Firm Garcia Juore� ce�n�+.. cfiQn Ins i i Date BP 8 OF 14 CITY OF SANTA ANA PROJECT . NO. 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MAII�T IlVIPROVEMENTS 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 awaze 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 employees) is (aze) persons excluded by said Labor Code, I shall fiunish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I cazry such insurance and that the policy shall not be cance nor th coverage reduced except. upon thirty (30) days prior. written notice to the City a a_ Signed -- Title P�' S • cJl >°� -� Firm Garcia Juarez Construction Inc. Date _ 1 �� �/ i BP 9 OF 14 CITY OF SANTA ANA PROJECT NO. 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MAiN Il��ROVEMENTS 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- S-2`C �4 ff �-���2 Name and Address � of Owner. Name and Telephone Number of person familiaz with project. Contract Amount Type of Work Date :Completed 2. Name and Address of owner. -- Name and Telephone Number ofperson familiaz with project. Contract Amount Type of Work Date Completed 3 Name and Address of owner. Name and Telephone Number of person familiaz with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. BP lO OF 14 9/28/ 1 O GARCIA TUAREZ CONSTIt UCTION, INC. Contract References City of Rancho Cucamonga, $5,186,474 "Hellman Avenue Storm Drain" Contact: Mr. Romeo David (909) 477 -2740 #4070 Start: August ' 1 O - Complete: In Progress Project Si,mmary: 5186' of 114" to 90" RCP, Catch Basins, Paving City of Fullerton, $633,344 "Lois Lane Water/ Sewer" Contact: Mr. Noah Hernandez (714) 606 -4336 Start: July'10 - Complete: In Progress Project Si,mmary: 2800' of water /sewer, AC Paving City of Fullerton, $1,378,044 "DrakeBrea Creek Sewer Improvements" Contact: Mr. Pete Acosta (714) 732 -9060 Start: April '1 O - Complete: September '10 (on time) Project Summary: 5500' of 8" VCP, AC Paving City of San Clemente, $477,832 "Del Cabo Waterline Improvements" Contact: Mr. Greg Deist (714) 337 -3139 Start: March '1 O - Complete: June '10 (on time) Contact: Mr. Scott Storm (714) 337 -5792 Project Summary: 3500' of 10" 8z 8" PVC, Services City of Huntington Beach, $782,625 "Blufftop Beach Improvements" Contact: Mr. Eric Charlonne (714) 536 -5430 Contact: Mr. Duane Wentworth (714) 536 -5517 Start: December '09 - Complete: July '10 (on time) Project S� ■mmary: 9000' of 3" PVC, Retaining Walls, AC Bike Path Helix Water District, $894,765 "Pipeline Project 1818" Contact: Mr. Jim Tomasulo (619) 596 -1317 Contact: Mr. Greg Gibbs (619) 873 -5670 Start: December '09 - Complete: June '1 O (on time) Project Summary: 7200' of 8" PVC, Hi -line, AC Paving City of Lynwood, $305,610 "Waldorf Watermain" Contact: Mr. Mario Soto (31 O) 628 -2695 Stazt: February ' 1 O - Complete: March ' 1 O (on time) Project S� ■mmary: 1080' of 8" DIP, Street Overlay City of Huntington Beach, $658,066 "Bayview Drive Watermain Replacement" Contact: Mr. Ruben Rosales (714) 3 18 -481 1 Start: October ' 09 - Complete: Mazch ' 1 O (on time) Project Summary: 1367' of 8" PVC, Services, Dewatering City of Fountain Vally, $1,028,309 "16 - Transmission Main" Contact: Mr. Mike Green (714) 593- 4607 Start: August '09 - Complete: February '10 (on time) Contact: Bob Kellison (714) 593 -4601 Project Summary: 3117' of 16" CML 8c C Steel Pipe, AC Paving City of Fullerton, $502, 560 "Cazhart Storm Drain" Contact: Mr. Eric Villagracia (714) 738 -6853 Start: August '09 - Complete: October '09 (on time) Project Summary: 1924' of 24" 8s 18" RCP, Catch Basins, AC Paving Monte Vista Water District, $351,289 "Rose Avenue Pipeline" Contact: Mr. Gil Martinez (909) 210 -5330 Start: July '09 - Complete: November '09 (on time) Project Summary: 1435' of 6" DI Pipe, AC Paving, Pressure Relief Station 9/28/1 O City of Highland, $740,545 "Warm Creek Storm Drain" Contact: Mr. George Herold (909) 234 -1001 Start: June '09 - Complete: September '09 (on time) Project Summary: 3011' of 48" to 18" RCP, Manholes, Catch Basins, AC Paving City of Fullerton, $1,257,443 "Gregory/Chapman Area Sewer" Contact: Mr. Pete Acosta (714) 732 -9060 Start: April '09 - Complete: September '09 (on time) Project Summary: 4176' of 8" VCP, 630' of Pipe Bursting, 2796' TNS of AC Paving Los Angeles County Dept. of Public Works, $137,000 "Los Cerritos Drainage System" Contact: Mr. Victor Bermudez (626) 688 -8275 Start: May '09 - Complete: June '09 (on time) Project Summary: Restoration and Repair of Existing Concrete Channel RY Engineering, $207,466 "Will Rogers State Park" Contact: Mr. Raffie Yeremian (818) 480 -8966 Start: February '09 - Complete: May '09 (on time) Project Summary: Exterior Fire System, 500' of 6" PVC RY Engineering, $298,000 "Arbor Terrace Apartments" Contact: Mr. Raffie Yeremian (818) 480 -8966 Start: Dec. '09 - Complete: February '09 (on time) Project Summary: 818' of 12" PVC, Services, Reinforced Storm Drain Structure, Sewer Main Golden Rain Foundation, $257,495 "Trust Street Paving Program" Contact: Mr. Kevin Black (562) 431 -6586 Start: October '08 - Complete: January '09 (on time) Project Summary: AC Paving, Flat Work City of Fullerton, $1,586,838 "Carhart Area Sewer" Contact: Mr. Noah Hernandez (714) 606 -4336 Start : February '09 - Complete: June '09 (on time) Project Summary: 7767' of 8" VCP, 2600 TNS of AC Paving, 341' of Pipe Bursting Los Angeles County Dept. of Public Works, $339,180 "Mountain Avenue" Contact: Mr. Leo Lopez (626) 607 -7579 Start: March '09 — Complete: April '09 (on time) Project Summary: 1650 TNS of AC Paving, Flatwork City of Anaheim, $392,018 "La Palma Sewer Improvements" Contact: Mr. Greg Solberg (714) 231 -4696 Start: November '08 - Complete: March '09 (on time) Project Summary: 972' of 12" VCP, OCSD Manhole, Paving Los Angeles County Dept. of Public Works, $1,773,356 "Puddingstone Dam Waterline" Contact: Mr. Jose Ontiveros (626) 476 -4894 Start: October '08 - Complete: April '09 (on time) Project Summary: 6000' of 10" and 6" Fusion Bonded Steel Pipe City of Anaheim, $572,821 "Citron Avenue Sewer" Contact: Mr. Sean Razmy (714) 765 -5059 Start: December '08 — Complete: February '08 (on time) Contact: Mr. Dave Elseroad (714) 765 -5293 Project Summary: 2100' of 12" and 10" VCP, 90, OOOSF of AC Paving Los Angeles County Dept. of Public Works, $229,914 "Choisser Street Drain" Contact: Mr. Victor Bermudez (626) 688 -8275 Start: Sept. '08 - Complete: October '08 (on time) Project Summary: 405' of Pre -cast Box and Elliptical RCP, Tran sition Structures 9/28/ 1 O Los Angeles County Dept. of Public Works, $821,465 "Elford Drain and CDR 524" Contact: Mr. Jose Ontiveros (626) 476 -4894 Start: August '08 - Complete: September '08 (on time) Project Snmmary2450' of 36" and 30" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $563,616 "Colima Road Drain" Contact: Mr. John Lovrensky (626) 607 -7582 Start: July '08 — Complete: September '08 (on time) Project Summary: 1208' of 48" and 30" RCP, Manholes, Catch Basins, AC Paving Orange County Water District $68,000 "Burris Pipeline" Contact: Mr. Chris Olsen (714) 514 -9028 Start: July '08 - Complete: August '08 (on time) Project Summary: 200' of 36" CML &r.0 Steel Pipe City of Tustin $384,104 "Sycamore Avenue Storm Drain" Contact: Mr. Tom Murphy (714) 573 -3167 Start: June '08 - Complete: August '08 (on time) Contact: Mr. Terry Lutz (714) 573 -3263 Project Summary: 628' of 30" and 24" RCP, 205' of 8" DIP, Street Replacement Inland Empire Utilities Agency, $1,036,060 "Etiwanda Recycled Waterline" Contact: Mr. Mike Long (909) 773 -2610 Start: April '08 - Complete: July '08 (on time) Project Summary: 1768' of 2" CML&LC Steel Pipe, Paving, Testing City of Anaheim, $2,153,755 "Anaheim Hills Road Transmission Main" Contact: Mr. Manny Briones (949) 466 -6701 Start: January '08 - Complete: May '08 (on time) Contact: Mr. John Lamar (714) 765 -4591 Project Summary: 3509' of 30" CML&_C Steel Pipe, Paving, Slurry Seal City of Ontario, $1,533,759 "Recycled Water Pipeline Project" Contact: Mr. Fernando Cobos (909) 395 -2695 Start: February '08 -Complete: August '08 (on time) Project Summary: 8003' of 12" and 8" Steel and PVC Pipe, AC Paving City of Rancho Palos Verdes, $102,259 "Point Vincent Trail Repair Project" Contact: Ms. Bindu Vaish (310) 544 -5254 Start: May '08 - Complete: July '08 (on time) Project Summary: Rehabilitate Trail and Handrail Along Slope City of Anaheim, $1,020,260 "Lincoln Avenue Sewer" Contact: Mr. Jay Kalan (714) 369 -2081 Start: June '07 - Complete: September '07 (on time) Contact: Mr. Sean Raz y (714) 765 -5059 Project Summary: 3255' of 15" and 10" VCP, Manholes, Paving Los Angeles County Dept. of Public Works, $174,074 "CMP Replacement Project" Contact: Mr. Jose Ontiveros (626) 476 -4894 Start: Aug '07 - Complete: Sept '07 (on time) Project Summary: 595' of 24" and 18" RCP, Catch Basins, Paving City of Rosemead, $749,507 "Street, Storm Drain, and Street Lighting" Contact: Mr. Tom Harbour (417) 770 -2898 Start: March '07 - Complete: June '07 (on time) Project Summary: 801' of 24" RCP, 876' of Street Lighting Conduit, Street Replacement City of Rancho Palos Verdes, $399,234 "Forrestal Swale Drainage Improvements" Contact: Ms. Bindu Vaish (310) 544 -5254 Start: December '06 - Complete: February '07 (on time) Contact: Mr. Jim Pugh (805) 602 -0891 Project Summary: 350' of 24" HDPE Pipe, Pipe Anchors, Slope Rehablilitation 9/28/ 1 O County of Orange, $6,168,750 "O'Neill Park Sewer Conversion" Contact: Mr. Rick Allen (714) 448 -8552 Start: October '06 - December '07 (on time) Project S� ■mmary: 12,594' of 8" PVC and DIP, T -lock Manholes, Wet Well Lift Station ($835K) City of Huntington Beach, $4,638,222 "OC -9 Water Transmission Main" Contact: Mr. Mike Hitt (714) 292 -2140 Start: December '05 - Complete: March '07 (on time) Project Summary: 12,152' of 24" DIP, Siphons, Blow -offs, Air -Vacs Los Angeles County Dept. of Public Works, $455,581 "Ditman Avenue Storm Drain" Contact: Mr. Johnny Oghoorian (626) 607 -7587 Start: Jan '07 - Complete: Feb '07 (on time) Project Summary: 926' of 48" and 24" RCP, Catch Basins, Manholes, Paving City of Fullerton, $1,987,032 "Lemon — Rosslynn Sewer" Contacts: Mr. Eliseo Bravo (714) 932 -7506 Start: July '06 - Complete: Oct'06 (on time) Contacts: Mr. Murdock Miralaie (714) 595 -6720 Project Summary: 5537' of 21" and 8" VCP, Manholes, Jack 42" Casing, Paving Western Municipal Water District, $475,594 "Wood Road Irrigation Pipeline" Contact: Mr. Greg Alexander (951) 712 -6566 Start: Dec '05 - Complete: Jan '06 (on time) Project Summary: 2888' of 12" PVC, Blow -offs, Air -Vacs, Paving Golden Rain Foundation, $139,265 "Perimeter Wall Project, Section G&H" Contact: Mr. Carlos Martinez (562) 431 -6586 ( #371) Start: Dec '05 - Complete: Jan '06 (on time) Project Summary: 3127' of Perimeter Block Wall Los Angeles County Dept. of Public Works, $2,147,168 "Kenneth Hahn Storm Drain" Contact: Mr. Mark Bruschaber (818) 370 -3881 Start: Nov '05 - Complete: July '06 (on time) Project Summary: 461' of Tunnel for 60" RGRCP, Jack 432' of 42" RGRCP, Soil Remediation City of Huntington Beach, $230,865 "Residential Storm Drain" Contact: Mr. Jeff Gibbons (714) 401 -5008 Start: Sept '06 - Complete: Oct '06 (on time) Project Summary: Flat Work, Paving, Cross Gutters, Ped Ramps City of San Clemente, $1,066,744 "Calle Las Bolas Storm Drain" Contact: Mr. Gary Voborsky (949) 279 -9730 Start: May '05 - Complete: Aug '05 (on time) Project Summary: 2148' of RCP, 1369' of 8" PVC (Water), Catch Basins, Manholes, Paving Los Angeles County Dept. of Public Works, $493,082 "112th Street Replacement" Contact: Mr. Joe Baker (562) 405 -5715 Start: Aug '05 - Complete: Sept '05 (on time) Project Summary: Street Replacement, Flat Work, AC Paving City of Palos Verdes Estates, $77,500 "Beach Club Access Retaining Wall" Contact: Mr. Jim Pugh (805) 602 -0891 Start: Sept '05 - Complete: Oct '05 (on time) Project Summary: Reinforced Concrete Piles for Retaining Wall County of Orange, $189,479 "Federal Storm Channel" Contact: Mr. Rick Allen (714) 448 -8552 Start: Nov '05 - Complete: Nov '05 (on time) Project Summary: Reinforced PCC Channel Lining Los Angeles County Dept. of Public Works, $179,915 "Private Drain 996 (Victoria St.)" Contact: Mr. Rene Bracamontes (310) 487 -9254 Start: Jun '05 - Complete: Jul '05 (on time) Project Summary: 6'W X 24 "H DBL RCB Channel, Transition Structure CITY OF SANTA ANA PROJECT NO. 10 -6600: SANTA CLARA AVENiTE SEWER AND WATER MAIN IlVIPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT' REGARDING APPRENTICESPI]P REOiJIlZEMENTS 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 cor*�*r+;ttee administering the apprenticeship staridazds 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 standazds. 3. Contribute to' the fund or funds in each craft. or trade in which he. 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, ex c tractors not signatory to the trust agreement shall pay a like amount to the Calif prentic ship Council. i Signed Title Pe—�E? S � �'�-'" 7 Finn Garcia Juarez Construction Inc. Date _ / � �j' BP 11 OF 14 CITY OF SANTA ANA PROJECT NO. 10 -6600_ SANTA CLARA AVENUE SEWER AND WATER MAII�T INIPROVENIENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI- KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these- . bid documents, agrees to comply -with the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed . in the construction or repair of public work, to give up any part of the compensation to which he /she is otherwise entitled. �- - Signed Title �l'-"e � �.%v� Firm Garcia .luar�z Gonsfrucflon Inc. Date / �G-�/ BP 13 AF 14 CITY OF SANTA ANA PROJECT NO. 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MAIN I1VII'ROVEMENTS 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 declazes 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 aze 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 signature porti� Signed State of California County of (L...�- c`.e -� � on Affidavit is part of the Proposal. Signing this Proposal on the till also .constitute signature of this Non - collusion Affidavit. malting a false certification may subject the certifier to cri_mi„al Subscribed and sworn to (or a�"irmed) before me on this �o day of -Sn 20//, by -_l • � - `—�e�s ca -� ,proved to me on the basis of satisfactory evidence to be the persons) who appeazed before me. LEON NORIEGA LOPEZ COMM. #190750 NOTARY ►lIBl1C - CALIFORNY► RIVERSIDE COUNTY My Coma. Exptr�s Oct. 9, Z01� N gnature Notary Public Seal BP 12 OF 14 CITY OF SANTA ANA PROJECT NO. 10 -6600: SANTA CLARA AVENUE SEWER AND WATER MAIIv I1VII'ROVEMENTS PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declazes under penalty of perjury that the following is true and correct. - Contractor's Name: G � �'C t � � �.a a rez Business Address: P_O_ � ®X 309 B � ca , E��4�'t3�� ®�9 9 Telephone: ��) 65 7 — 3 � 3 S State Contractor's License No. 8z Class: g p / /� Expiration Date: � -f-- �C' /Z a Signed: - n Title: $�tf— "EIS BP 14 OF 14 The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 � - • � BOND NO. n/a KNOW ALL MEN BY THESE PRESENTS, That we, Garcia Juarez Construction, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Santa Ana as Obligee, in the sum of Ten percent of amount bid ($ 1 O% of Bid Amount )Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for Santa Clara Avenue Sewer and Water Main Improvements ,the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 20th (Witness) _ day of December 201 O Gar i Juare Construction, Inc. BY: Principa: ITS: P(��_S The Guarantee Company of North America USA �� BY: W� liam yrkin Attorney -In -Fact CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside } On �Cn....� -�-es �2G�/ before me, Leon Lopez, Notary Public ere Insert Name and TMa of the OHi[�r personally appeared Jim Jackson . who proved to me on the basis of satisfactory evidence to be the persona) whose name(ra is/efe subscribed to the within instrument and acknowledged to me that he/ahellhey executed the same in his /iaecL#laais authorized capacity(+ea), and that by his/bes�Haeic signature(=.} on the LEON NORIEGA LOPEZ instrument the persona} or the entity upon behalf of COMM. #'190750'1 which the persona} acted, executed the instrument. ��� M I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and official seal. Signature Place Notary Seal Above nature of Nolery Public OPT /ONAL Though the information be /ow is not required by law, i[ may prove va /uab /a to persons relying on the document and could prevent fraudu /ant remove/ and reattachment o/ this form to another document. Description. of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Jim Jackson Signer's Name: � Individual C Individual � Corporate Officer — Title(s): President &Secretary O Corporate Officer — Title(s): C Partner — CI Limited Q General _ C Partner — O Limited CI General � Attorney in Fact - -! Attorney in Fact i_I TfUSiBe Top of thumb here C Trustee Top o! thumb here �. Guardian or Conservator a Guardian or Conservator Other: � Other. Signer Is Representing: Signer Is Representing: Garcle Juarez Construction, Inc. ®200] National IVOiary A•cerielion •93.50 Da Soto Ave.. P.O. Bax 2402 • ChaLwvorih. CA 913132402 • www.NatbnelNOtaryorg Item M590] Reorder: Cell To14 Free t- 800 -8]6 -682] . . sa, �.v_�f_y -sa := �,= �rnasC<na�C:. a�-- .a.,.� ..a>...�,.�i._�. ,. aN. ois. ���.�-+_.s_�.._�.s_�.<.= �t� -c >, .a ,t. _=Sc_a.> a. �..,.a <a _as�_., �,-��.�a.<_*�v »z_�._ay��v_ -:�c� State of California l County of Orange J} On 12/20/10 before me, A. Wilkison, Notary Public , Date Here Insert Name an0 THIe o/ the Officer personally appeared William Syrkin _ A. WILKISON _ Commission �k 1886283 s Notary Public - California Orange County M Comm. Ex fires Sa 26. 2013+ Place Notary Seal Atwve who proved to me on the basis of satisfactory evidence to be the persona) whose name(s� is/ere subscribed to the within instrument and acknowledged to me that he/almefthcy executed the same in his/IaecFtf -ieic authorized capacity(ies), and that by his /bar,�Heif signature(r.} on the instrument the person(a}, or the entity upon behalf of which the persona} acted, executed the instrument. 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 Cam' ��� — Signature of �ary Public OPT /ONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and cou /d prevent fraudulent remove/ and reathachment of this form to another document. Description of Attached Document Title or Type of Document: Bld Bond Document Date: 12/20/1 O Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Number of Pages: One (1 Signer's Name: William Syrkin Signer's Name: Individual �' Individual Corporate Officer — Title(s): __ � Corporate Officer — Title(s): _ Partner — L Limited C� General n Partner — � Limited C� General p Attorney in Fact O Attorney in Fact Trustee Top pf thumb here �, TfUStee Top o! thumb here Guardian or Conservator �� Guardian or Conservator Other: � Other: Signer Is Representing: Signer Is Representing: The Guarantee Company of North America USA ®200 National Notary Association - 93FA De Soto Ave.. P.O. Boa 2402 -Chats orih, CA 913132402 • vnvw.NationalNOtaryorg Item M590� Reorder Call Toll -Free 1 800- 876 -662 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas- Bates, Patricia Ansz Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1 . To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given [o the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31�` day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day GJ'Re•aTeE goy of April, 201 O. ��G� THE GUARANTEE COMPANY OF NORTH AMERICA USA �NRiyANER�GP "�:./ T �� ry ��2 STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 201 O before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Pub /ic, S[a[e of Michigan Company of North America USA offices the day and year above written. County of Oaktand .� ��y1 �� -` My Commission Expires February 27, 2012 �C� -- /�-c J ,,,� �� ,; „,.+ �� Acting in Oakland County � ��� � . I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITI`IESS WHEREOF, I leave thereunto set my hand and attached the seal of said Company this 20th day of December, 201 Q 6JPppNTEE C� °-.. Jyv Randall Musselman, Secretary y�ATly AMEQ �~ Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information GUARANTEE COMPANY OF NORTH AMERICA USA (THE) 25800 NORTHWESTERN HWY., STE. 720 SOUTH FIE LD, MI 48075 Old Company Names MID -STATE SURETY CORPORATION back to top Agen[ For Service JERE KEPRIOS C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES CA 90017 back to top Reference Information Effective Date 12/20/2006 NAIC #: 36650 California Company ID #: 4609 -4 Date Authorized in California: 10/14/1999 License Status: UNLIMITED - NORMAL Company Type: Property &Casualty State of Domicile: MICHIGAN back to top NAIC Group List NAIC Group #: 0000 back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back io top © 2008 California Department of Insurance Page 1 of 1 http: / /interactive.web.insurance.ca. gov /companyprofile /companyprofile ?event= companyPr... 3/ 15/201 1