HomeMy WebLinkAboutALL AMERICAN ASPHALT (MID-CITY NEIGHBORHOOD IMPROVEMENT (WEST OF BRISTOL))0
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Recording Requested By, I
And When Recorded Mail To:
Clerk of the Council, City of Santa Ana
20 Civic Center Plaza, P.O. Box 1988 Recorded in Official Records, Orange County
Santa Ana, CA 92702 Tom Daly, Clerk-Recorder
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NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a
municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana,
California, 92701, is the owner of the property hereinafter described, that said owner has caused
construction of Mid City Neighborhood Improvements under contract entered into on 2/1/2010.
with All American Asplalt, on which contract Fidelity and Deposit COmpany of Maryland is
surety. The property on which such work improvement was placed is in the City of Santa Ana,
County of Orange, State of California, and described as Project No. 10-7554 located at: Various
Streets. The work improvement on said property was accepted as completed on January 7. 201 1.
Dated: 1 / 13 / 1 1
CITY OF SANTAf?ANA, A MCJNICIP CORPORATION
by /??-=s
City Engineer
TITLE
VERIFICATION
I, the undersigned, say: I am the City Engineer of
the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on
behalf of the owner of the property therein described; I make this verification on behalf of said
corporation by authorization of the City Council of the City of Santa Ana; I have read said notice
and know the contents thereof; and I declare under penalty of perjury that the facts therein stated
are true.
Executed on January 13, 2011 , at Santa Ana, California
(Signature of ndividual swearing that the
contents of Notice of Completion are true.)
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION
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•
REQUEST
COUNCIL
FOR
ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 1, 2010
TITLE:
CONTRACT AWARD FOR MID CITY
NEIGHBORHOOD IMPROVEMENTS AND
EDINGER AVENUE IMPROVEMENTS
(PROJECT NOS.10-7554 AND 07-
7577)
~ ,
-~r~ i ~~~t,-----~~
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED 2/01/2010
0 As Recommendeda~.~A
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2rd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid lump sum prices for the base bid
plus add-on alternate one in the estimated amount of $1,310,298 for
construction of Mid City Neighborhood Improvements and Edinger Avenue
Improvements.
2. Approve a Funding Analysis with a total estimated construction cost
of $1,764,768.
DISCUSSION
This project is part of the City's $100 million investment to rebuild
neighborhood streets throughout the City. Segments of local streets
located within the Mid-City Neighborhood in the area bounded by Bristol
Street, Raitt Street, Edinger Avenue, and McFadden Avenue, and a portion
of Edinger Avenue east of Mohawk Street have been identified as a high
priority for rehabilitation in the City's pavement management system
(Exhibit 1). The pavement is deteriorating due to weather, age and
heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross
gutters and wheelchair ramps are also in various states of disrepair and
require replacement.
The project provides for recycling of existing asphalt pavement with the
cement treated base reconstruction process, and replacement of damaged
concrete curbs, gutters, sidewalks, and curb ramps. Bid alternate one
provides for re-establishing the survey monuments. Once completed, these
improvements will enhance the ride quality, surface drainage and visual
appearance of the neighborhood.
• •
Contract Award For Mid City
Neighborhood and Edinger Avenue
Improvements
February 1, 2010
Page 2
The Notice Inviting Bids was advertised on December 14 and 16, 2009, and
bids were opened on January 6, 2010. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 12
Contractors requesting bidding documents: 6
Bids received: 5
Bids received from Santa Ana Contractors: 1
NAME OF BIDDER CITY TOTAL BASE BID
PLUS ADD ON
ALTERNATE ONE
1. All American Asphalt Corona $1,310,298
2. Hardy & Harper, Inc. Santa Ana $1,349,000
3. R.J. Noble Company Orange $1,389,826
4. Excel Paving Company Long Beach $1,485,590
5. Elite Bobcat Service Corona $1,524,735
A total of five bids were received and all were responsive. The lowest
bid was submitted by All American Asphalt, for $1,310,298, for base bid
plus add-on alternate one, which is below the Engineer's estimate of
$1,525,240.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed project is exempt from further review. Categorical Exemption
Environmental Review Nos. 2009-164 and 2010-17 will be filed for the
project. In addition, a Certification of Categorical Exclusion and
Statutory Worksheet have been prepared in accordance with the National
Environmental Policy Act.
•
Contract Award For Mid City
Neighborhood and Edinger Avenue
Improvements
February 1, 2010
Page 3
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$1,764,768 for the project (Exhibit 2). Funds are available in the
Community Development Block Grant Fund Recovery Act (accounting unit
13518787-66220) and the Community Development Block Grant (accounting
unit 13518783-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
r -~
Raul Godinez I
Executive Director
Public Works Agency
Francisco Gutierrez `,_g
Executive Director 1/"`~
Finance & Mgmt. Services Agency
/ ,~ ~f ~._..._.,
Cynt is J. Nelson
Deputy City Manager
Development Services
Community Development Agency
K:\Construction\RFCA-draft\02-01-10 75WD MidCity 30WD Edinger 10-7554.docx
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EDINGER AV
PROJECT N0. 1PJ-7554 - MID-CITY NEIGHBORHOOD IMPROVEMENTS
PROJECT LOCATION
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EDINGER AVENUE 3
CENTENNIAL ROAD 4a'
PROJECT NOe d7-7577 - EDINGER AVENUE IMPROVEMENT
LEGENDa
~ STREET IMPROVEMENTS
PROJECT LOCATION
SANTA ANA
C [ TY COUNC I L Tltle~
P W A AGENDA
DATE:
~« ~S ~N~7 FEB. 1, 2010
EXHIBIT 1
MID-CITY NEIGHBORHOOD IMPROVEMENTS
AND EDINGER AVENUE IMPROVEMENT
(PROJECT Nos. 10-7554 AND 07-7577)
MCFADDEN AV
• •
FUNDING ANALYSIS
PROJECT NOS. 10-7554 AND 07-7577
MID CITY NEIGHBORHOOD IMPROVEMENTS
AND EDINGER AVENUE IMPROVEMENTS
Construction Contract (10-7554)
Construction Contract (07-7577)
Contract Administration (10-7554)
Contract Administration (07-7577)
Inspection and Testing (10-7554)
Inspection and Testing (07-7577)
Survey Staking(10-7554)
Survey Staking (07-7577)
Contingencies(10-7554)
Contingencies (07-7577)
TOTAL ESTIMATED CONSTRUCTION COSTS
$1,207,300
$102,998
$24, 960
$2, 085
$36, 800
$3, 200
$59, 800
$5,200
$301,825
$20, 600
$1,764,768
Exhibit 2
•
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ORANGE COUNTY REPORTER
-SINCE 1921
This space for filing stamp only
600 W SANTA ANA BLVD, SANTA ANA, CA 92701
Telephone (714) 543-2027 1 Fax (714) 542-6841
Dina Melgar
SANTA ANA/PUBLIC WORKS AGENCY
20 CIVIC CENTER PLAZA
SANTA ANA, CA - 92702
PROOF OF PUBLICAT10111
OR #:1743736
NOTICE INVRING BIDS
NOTICE IS HEREBY GIVEN that the City
of Santa Ana, Califomia will receive at
Ciry Hall-Ross Annex, (M-43), 20 Civic
Center Plaza, Santa Ana, Califomia
92701, the Public Works A enc Fourth
Floor Rece tlon st' I on or before t tl a (tour
0 2: p. m. on uesday, December 15,
2009 sealed bids and/or proposals for
RESIDENTAIL STREET FEPAIR
RECONSTRUCTION- PHASE 12
PROJECT NO. 106716
DO NOT CALL PURCHASING DIVISION
REGARDING AVAILABILITY OF PLANS
AND SPECIFICATIONS.
11/23, 11/25/09
OR-17437368
(2015.5 C.C.P.)
(Work includes excavation, asphalt
concrete pavement, replacement of
State of California ) damaged curb, gutter, and sidewalks,
COIJn[ of ORANGE ss deteac otr looof concrete bus pad and traffic
y ) ps, root shaving of existing
trees, utility adjustments, signing, and
striping.)
Notice Type: BID -NOTICE INVITING BIDS
Notice is hereby given BIDDERS that in
accordance with the provisions of the
California Labor Code, not less than the
prevailing rate of per diem wages for each
Ad Description: Residential Street Repair Phase 12 Gran or type of worker and mechanic
needed to execute the contract in the
locality in which the work is to be
performed, and not less than the general
prevailing rate of per diem wages for
holiday and overtime work as determined
by the Director of Industrial Relations of
the State of Califomia shall be paid to all
I am a citizen of the United States and a resident of the State of California; I am "markers employed.
over the age of eighteen years, and not a parry to or interested in the above Each bid shall be accon4tanied by cash, a
entitled matter. I am the principal clerk of the printer and publisher of the city or santa nnla1eor ad`ep~dYsstl,ed by a
ORANGE COUNTY REPORTER, a newspaper published in the English corporate surety, for an amount not less
Ian ua a in the ci of SANTA ANA, coun of ORANGE, and ad'ud ed a than ten peroent (10%) of the aggregate
9 9 ~ ~ i g of the bid, as a guarantee that the
newspaper of general circulation as defined by the laws of the State of BIDDER will enter into the proposed
Califomia by the Superior Court of the County of ORANGE, State of Califomia, The signature of the BIDDER on ine and
under date 06/20/1922, Case No. 13421. That the notice, of which the bond MUST be notarized.
annexed is a printed copy, has been published in each regular and entire issue The Ciry Council reserves the dght to
of said newspaper and not in any supplement thereof on the following dates, reject any or all Kids.
10-WIt: The successful BIDDER must possess or
obtain a valid Califomia Class A
Contractors license prior to the scheduled
award date of this contract.
11/23/2009, 11/25/2009 The time for completion of this contract is
100 working days for all projects in this
contract. Liquidated damages of
$3,000.00 per calendar day for
construction not completed within 100
working days from the effective date of
Notice to Proceed.
Substitution of securities for any monies
withheld by the City of Santa Ana to
ensure performance is allowed in
Executed on: 11/25/2009 accordance with the Public Contract
At Los Angeles, California Code.
Complete sets of the Specifications will be
I certify (or declare) under penalty perjury that the foregoing is true and furnished upon application to the Public
Works A enc First Floor Ross Annex
Correct. m lex 20 ivic enter Plaza M-93
ants Ana, ali ornia 92701. Rhone 714
647-5660. There is a 24.53 charge non-
refundable) for these Plans and
Specifications, plus a $14.42 additional
fee if mailed. Make checks payable to the
City of Santa Ana.
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CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL & CONTRACT AGREEMENT
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: ~Z~ ~~~ ~~P f ~A-C, l
REQUIREMENT:
The undersigned declares that he/she has carefully examined the location of the proposed work, that
he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS,
and hereby proposes to furnish all material and do all the work required to complete the said work in
accordance with said plans (if any), specifications and special provisions, far the unit price(s) or lump
sum(s) set forth in the following schedule:
Item # Bid Item Unit Quantity Unit Price Amount
1. Unclassified Excavation* CY 915 $ pry, as $ ~
2. AC Pavement* TN 10,100 $ 53.E $ 53S 3oa.0~
3. Pulverized Material and Cement SF 840,000 $ D. ~{~ $ 3 3G~~ ~a~- ~
Treated Base (incl microcracking) f
4. Remove excess pulverize material* CY 4,400 $ $ /o?. Oa,
5. Remove and Replace PCC Curb and LF 1,000 $ ~~ ~~ $ ~ 0~. (~ZJ
Gutter (Type A-2-6)*
6. Remove and Replace PCC Curb and LF 200 $ 7~0 0 $ / S, 0~; ~
Gutter (Type A-2-8)*
7. Remove and Replace PCC Driveway SF 950 $ / ~ O~ $ S0.Ov
(T = 6")*
8. Remove and Replace PCC Curb SF 1,000 $ DD $ ; O~
Ramp*
9. Remove and Replace PCC Sidewalk SF 3,615 $~ $ 1 ~ ~ ~~~~
(4„)*
10. Remove and Replace PCC Cross SF 300 $~Qr~ $ Olga! ~
Gutter*
11. Adjust Manhole Frame and Cover to EA 87 $ (~(TD ,. 4~ $~ ~D~, ~7~
Finished Grade*
12. Adjust Water Valve Frame and EA 65 $ `{5~~r0 0 $ . D~
Cover to Finished Grade*
13. Furnish and Install New Polymer EA 1 $ ~~ . 0~ $ ~~~.0~
WM & C to Finished Grade
TO BE IlVCLUDED IN BID PACKAGE
BPlof31
~ ~ • •
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL & CONTRACT AGREEMENT
BID PROPOSAL, continued
Item # Bid Item Unit Quantity Unit Price Amount
14. Relocate DLC LS 1 $ d~~OU $ ` ~a? ~ Da
15. Root Shave* EA 50 $ a/D, 4 d $ D , ~
16. PCC Grinding* LF 200 $ ~ 0 $ ,11~
17. Remove and Reconstruct Speed EA 6 $ d DO $ d , Da
Humps
18. Traffic Loops EA 15 $ l~:D~ $ 3 1$~, D ~
19. Signing and Striping (Mid City) LS 1 $ ~f ~, a~ $
20. Signing and Striping (Edinger) LS 1 $ ~' ~ ,d ~ $ ~ ~~, 6d
• 21. Furnish and Install USDOT Tiger EA 2 $ ~ 0 . ~ $ 0~. U D
Sign
~ 5S. 6b
22. Furnish and Install 4' Chain Link LF 60 $~~ $ 3bD . Da
Fence
•
23. Salvage and Relocate Existing Chain LF 160 $ ~/?.Q 0 $ 7020, 0 U
Link Fence
TOTAL BASE BID------------------------------------------------------------------------- $ I~~~ S,D~
ADD ALTERNATE I
1. Tie-Out and Reestablish Survey EA 40 $ 0 .
Monuments* 3 D cr0 $ ~ ~~~ ~
TOTAL ADD ALTERNATE IBID------------------------------------------------------- $ ~,~ ~.
TO BE INCLUDED IN BID PACKAGE
BP2of31
~ • •
CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL & CONTRACT AGREEMENT
BID PROPOSAL, continued
TOTAL BASE BID + ADD ALTERNATE IBID--------------------------------- $ ~ , 31 ~, oI98: ~
The lowest responsible bidder shall be selected based on the low Total Base Bid. The Agency reserves
the right to award the Base Bid, and any, all or none of the alternate Bid Items.
* The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to
the " 25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this
item will be dictated by the actual quantity used, and the Agency reserves the right to increase or
decrease the quantity of this item accordingly.
-~ This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.
PROJECT NO. 10-7554 & 07-7577 ~u ~~ ~~ l"1'~Poff_ ~K ~
• MID-CITY NEIGHBORHOOD AND Firm
EDINGER AVE. IMPROVEMENTS
Address P.~. ~c~
D S'
Phone(s) ~S C'7~(y=1 ~o(~
BIDDER
Signature , ~/f ~il-
T ~ ~ 'V-
•
TO BE INCLUDED IN BID PACKAGE
BP3of31
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• Project No. 10-7554
Project No. 07-7577
CITY OF SANTA ANA
Mid-City Neighborhood Improvement (west of Bristol St.)
Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for
all subcontract work exceeding the following amount:
- Streets, highways including bridge projects; %2% of the bid or $10,000,
whichever is greater
- Buildings, parks, or other projects: %z% of the bid
BIDDER proposes to subcontract certain portions of the work to the firms listed below:
NAME ~,Ci,l }OPoi- E-14 i ntL7,~ 1~
LOCATION ~ . ~~ n o_
PHONE (Q ~~ ~ y ? 8 - $~y I
TYPE OF WORK $~TO~
NAME ~~dr`l1 ~~ ~ ~.omOCt~?~/
LOCATION __ ~ ~~ G~
PHONE ~ - t/~ c/c{
TYPE OF WORK r r
NAME c~o ~ ~ S ~I- p ~v i o'/Z
LOCATION
PHONE ~ - _
~ /a ~
TYPE OF WORK {~,lv~-, ~,~~ $ ~ Op, 0~
NAME ~uy- ~~ ~~~ ~ fJ ~~
LOCATION /? ~~~,
PHONE ~1~-(- (D 3 - yS"SO
TYPE OF WORK $ ~/,~(D,~pU
NAME 1 r~G , ~- !,aa /
nt~ rL"~Pr~~LS
LOCATION n ~ e r r/J
PHONE / - - Q 3
TYPE OF WORK I I r n $ /~
A-G~ ~tq~ C~cJ -
Nam~e of Film ~ fitting
///~A~ 2
• Signature of BIDDER
NAME _
LOCATION
PHONE
TYPE OF WORK $
NAME
LOCATION
PHONE
TYPE OF WORK $
NAME
LOCATION
PHONE
TYPE OF WORK $
NAME _
LOCATION
PHONE
TYPE OF WORK $
NAME
LOCATION
PHONE
TYPE OF WORK
TO BE INCLUDED IN BID PACKAGE
BP4of31
~ • •
CITY OF SANTA ANA
•
~~
~J
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for
all subcontract work exceeding the following amount:
- Streets, highways including bridge projects; %2% of the bid or $10,000,
whichever is greater
- Buildings, parks, or other projects: '/z% of the bid
BIDDER proposes to subcontract certain portions of the work to the firms listed below:
NAME
LOCATION
PHONE
TYPE OF WORK $
NAME
LOCATION
PHONE
TYPE OF WORK $
NAME
LOCATION
PHONE
TYPE OF WORK $
NAME
LOCATION -
PHONE
TYPE OF WORK
NAME
LOCATION
PHONE
TYPE OF WORK $
A-Gt A~G~.(C~CJ
Name i ub mg Bid
• a of BID ER
NAME
LOCATION
PHONE
TYPE OF WORK
NAME
LOCATION
PHONE
TYPE OF WORK
NAME
LOCATION _
PHONE
TYPE OF WORK
NAME
LOCATION -
PHONE
TYPE OF WORK
NAME
LOCATION
PHONE
TYPE OF WORK
TO BE INCLUDED IN BID PACKAGE
BP4of31
c ~`
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL & CONTRACT AGREEMENT
BIDDER'S STATEMENT
BIDDER understands and agrees that this written proposal (or any part thereof specifically designated
and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement
between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by
the Clerk of the Council with her signature and official seal noting hereon the action of approval of the
Council, signed by the Public Works Agency Executive Director r or his duly authorized agent, and
signed by the City Attorney, denoting his approval of the form of this document, and its execution, and
when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States
Postal Service properly addressed to the BIDDER with the correct postage affixed thereto.
BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will
furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding
Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or BIDDERS bond
substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and
shall be considered as payment of damages due to the delay and other causes suffered by AGENCY
because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of
• damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S
bond substituted in lieu thereof shall be returned to the undersigned.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in
the bid schedule are solely for the purpose of comparing bids, and that final compensation under the
contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and
the Workers' Compensation Insurance Certificate are to be incorporated by reference into this
Agreement and are made specifically as part of this bid.
Name of Firm ~~
Signature of
BIDDER
Title ~C.. pgl~~
(if an individual, so state)
D~
•
TO BE INCLUDED IN BID PACKAGE
BP 5 of 31
• •
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
BIDDER'S STATEMENT continued
(If a firm or co-partnership, state the firm name and. give the names of all individual co-partners
composing the firm. If a corporation, state legal name of corporation, and names of President,
Secretary, Treasurer and Manager, thereof.) ~ ~~~ ~, ~SP~~~-_ ~~F
s
r'~-f~~ Lu.,~, ~ -
~o~~ 82~-~ (/c ~ Pic io~~
Awarded to.~
°" the baept of Iowest rosponaiele artd ro~p naive
bidder in the anwuM of
s _-~-
ATTEST:
ACTION OF COUNCIL:
~__ _ ,
Da r ~,' , ~ ~ 20 ~~,
`Jrvi~:r` _' ~- ~- r'
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
ACCEPTED FOR THE CITY OF SANTA ANA:
-~
~ . C~_ ~
TY ATTORNEY EXECUTIVE D CTOR
PUBLIC WORK AGENCY
•
BP6of31
TO BE INCLUDED IN BID PACKAGE
CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS
PROPOSAL SHALL ALSO CONSTITUTE ANENDORSEMENTAND
EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS
PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The BIDDER
proposed subcontractor ,hereby certifies
that he has ~, h~tr~~ ,participated in a previous contract or subcontract subject to the equal
opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required,
he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract
Compliance, a Federal Government contracting or administering agency, or the former President's
Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by BIDDERS and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed Prime Contractors and Subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note that 41
CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a
report covering the delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
•
TO BE INCLUDED IN BID PACKAGE
BP7of31
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned contractor or corporate officer, during the performance of this contract, certifies as
follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Contractor shall send to each labor union or representative of workers with which he/she has
a collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Contractor's commitments under this section, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his/her books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations,
and orders.
6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract maybe canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order
• of the Secretary of Labor, or as otherwise provided by law.
TO BE INCLUDED IN BID PACKAGE
BP8of31
•
CITY OF SANTA ANA
• Project No. ] 0-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued)
7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or
purchase order as the administering agency may direct as means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request that the United States enter into such litigation to
protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
• sex of such persons, except as provided in Section 1420, and any contractor of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signec
Title
Firm
Date ~ ~1 Il../ . ~ , ~-~ ~ ~
•
TO BE INCLUDED IN BID PACKAGE
BP9of31
CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
WORKERS' COMPENSATION INSURANCE CERTIFICATION
As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of the Code, and I will comply with such provisions before commencing the performance of
the work of this contract.
If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer
under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by
said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers'
compensation insurance carrier certifying that I carry such insurance and that the policy shall not be
canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa
Ana.
Signed ~~z~ ~~~ t--=-rC ~~.
• _ 1/ n
Title ~~ ~ ., I/ ( 1' i~j~,Qf~/~J~"'
~~0° ,
Firm ~-(it ~ ~_('~'-1-~ f'7"~ P
Date ~Q.I~ ~ ~, ~-a ~ O
•
TO BE INCLUDED IN BID PACKAGE
BP 10 of 31
L ~ • •
CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement {west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which
BIDDER has performed similar work within the past two years.
1.
•
2.
Name and Address of Owner.
Name and Telephone Number of person familiar w1
Contract Amount
Name and Address of owner.
Type
Name and Telephone Number person familiar with project.
Contract Amount
3.
Name and Addfess of owner.
Type of Work
Name ar}dTelephone Number of person familiar with project.
Date Completed
Contract Amount Type of Work
Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom
BIDDER intends to procure insurance and bonds.
't ~ ~ 1~ascT C'o, o~ /!~ C~ ~t~- -- z~ ao
PsD~ VA. t~AA-~ ~ C~1- 4 X203 (S,u e~1
~ 1 t t:I.[~ ~UKI l (.l. K k- oR.~4~ G~c-77o,U S S Cx~ - Zo --1(( o
ss ~ -ram-Bccco ~~-o - ~r ~ N~ ~ G4- g~~ C' ~~r~
f~iE crE~ gf vA. Gv~sT' ~Gu 7~ ~ ?
~
d,~.fhu - ~ C~1- 4z~~
~r'
BP 11 of 31
Date Completed
TO BE INCLUDED IN BID PACKAGE
4
•
"2009"
PAST WORK REFERENCES
City of Costa Mesa
77 Fair Drive
P.O. Box 1200
Costa Mesa, CA 92628-1200
Contact: Tom Banks, (714) 536-5431
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92628
Contact: Archie Rempher, (949) 248-3500
City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Contact: Juan Martinez, (310) 285-2521
County of San Bernardino
825 East Third Street
San Bernardino, CA 92415-0835
Contact: Sri Srirajan, (909)387-7935
City of Redondo Beach
415 Diamond Street
Redondo Beach, CA 90277
Contact: Javier Urista, (310) 318-0661
City of Westlake Village
31200 Oak Crest Drive
Westlake Village, CA 91361
Contact: Roxanne Hughes, (805) 653-6597
Department of Transportation
12975 Culver Blvd.
Los Angeles, CA 90066
Contact: Sixto Ramin, (213) 216-4406
City of Rialto
150 South Palm Avenue
Rialto, CA 92376
Contact: Eddie Chan, (909) 820-2651
Prop 1 B Street Maintenance
Contract Amount: $993,993.00
Start: 7/2009
On-going -not completed yet
Annual Roadway Resurfacing Project
Contract Amount: $3,982,982.00
Start: 4/2009
On-going -not completed yet
2008-09 Street Resurfacing
Contract Amount: $4,085,000.00
Start: 1 /2009
Completed: 8/2009
Arrow Route
Contract Amount: $1,980,000.00
Start: 2/2009
Completed: 7/2009
Public Improvement Package
Contract Amount: $1,678,000.00
Start: 9/2009
Completed: 1/2009
Joint Cities Pavement Rehab. Project
Contract Amount: $1,242,241.11
Start: 6/2009
Completed: 9/2009
Route 27, Contract No. 07-2Y4904
Contract Amount: $915,511.00
Start: 6/2009
Completed: 9/2009
Route 210 Detour
Contract Amount: $1,983,548.00
Start: 6/2009
Completed: 9/2009
• •
CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS
The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code
regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000
or 20 working days shall:
1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the
craft or trade in the area of the site of the public work for a certificate approving the contractor under the
apprenticeship standards for the employment and training of apprentices in the area or industry affected.
2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the
apprenticeship standards.
3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or
apprentices on the public work, in the same amount or upon the same basis and in the same manner as
the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to
the California AEprenticeship Council.
r Signed f~,~
Title
Firm ~-(~ ~P~~'~'_
Date ~..~ Q..(~ ~, ~-(~ ( O
TO BE INCLUDED IN BID PACKAGE
BP 12 of 31
• •
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER
declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS
are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn
appeared before me.
to (or affirmed) before
_, proved eon
on this day of 20_, by
of satisfactory evidence to be the person(s) who
•
Public Signature Notary Public Seal
TO BE INCLUDED IN BID PACKAGE
BP 13 of 31
• •
CALIFORNIA JURAT
State of California
County of Riverside
~.
BRENnA L. ROYSTER
~ Commission # 1 700922
--~.; ~" Notary Public - Gcllifornia z
Z ~~"° Riverside County >
NN Comm. Expires Oci 26, 2010
Subscribed and sworn to (or affirmed) before
me on this 5th day of January , 2010
Date Month
By (1) Robert Bradley
Name of Signer
Proved to me on the basis of satisfactory evidence
be the person who appeared before me (.) (,)
(and
(2)
~ >~
'' Name of Signer
Pr d to me on the basis of satisfactory evidence
the person who appeared before me.)
t I~Y~ifC C p~ ~-c~' " L.a
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove
valuable to person relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Further Description of Any Attached Document
Title or Type of Document Non-Collusion Affidavit
Document Date: 1-5-10 Number of Pages: 1
Signer(s) Other Than Named Above: None
•
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
BIDDER'S STATEMENT REGARDING "ANTI-KICKBACK" REQUIItEMENTS
The undersigned is submitting this proposal for performing by contract the work required by these bid
documents, agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 74) as supplemented in
the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or
subcontractor shall be prohibited from inducing, by any means, any person employed in the construction
or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled.
Signed ~~~
Title
Firm f I-(~- T'7/'"( ~jP~J~-(.~
Date ~ GZl'Z . ~ ~ ZOj O
•
•
TO BE INCLUDED IN BID PACKAGE
BP 14 of 31
•
~J
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
CONTRACTOR'S LICENSING STATEMENT
The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is
true and correct.
Contractor's Name: ~ ~ /~~ ~~ ~~~ ~~
Business Address: ~,U. ~~ a-~~-~ - ~U~IVI~'j (~f" ~~~
Telephone: ~~~ -- ~ ~jrp -~t0 d
State Contractor's License No. and ~ ~~O,7C~7 ~ C~1 Z
Class:
Expiration
Date:
Signed:
Title:
•
TO BE INCLUDED IN BID PACKAGE
BP 15 of 31
CJ
•
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT CLAUSES
SECTION 3 -CONTRACT CLAUSES
A. The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each;
and the name and location of the person{s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge of that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
•
TO BE INCLUDED IN BID PACKAGE
BP 16 of 31
•
•
CITY OF SANTA ANA
•
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
SECTION 3 -CONTRACT CLAUSE continued
E. The Contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,
Section {7) b of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e)
also applies to the work to be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (I) preference and opportunities for training and employment
subcontracts shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section 7(b).
For the purpose of training and employment the rimar Section 3 covered project area is the
area in closest proximity to the actual construction work site within the U.S. Census Tract in
which the project is located. It is understood that priority for employment opportunity is to be
given to residents residing within the primary Section 3 area as defined.
A Section 3 area resident is any lower income individual residing within the Section 3 area,
whose total family income does not exceed 80% of the median income of the metropolitan
statistical area in which the project is located (Orange County). A public housing resident is
defined by regulations as Section 3 resident, regardless of income.
The contractor and each subcontractor certifies that they will provide, to the greatest extent
•
feasible, opportunities for employment to lower
opportunities in connection with projects in thei
minimum goal for each project is 30%.
BP 17 of 31
income residents (local residents) and job
r neighborhoods. For fiscal year 1996-97,
TO BE INCLUDED IN BID PACKAGE
•
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
SECTION 3 -CONTRACT CLAUSE continued
The Contractor/Sub-contractor/Service Provider by the signature affixed hereto declares under
penalty of perjury: Contractor/Sub-contractor/Service Provider has read Section 3 requirements
and accepts all its requirements contained therein for all of his/her operations within the City of
Santa Ana.
•
Signature
ss---
~~
Signature
v ~,~
~~ ~ ~ s.
Print Name and Title
1~-fl~P~ ~,f~.
Print Name and Title
•
Signature
BP 18 of 31
Print Name and Title
Date
TO BE INCLUDED IN BID PACKAGE
CITY OF SANTA ANA
•
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS
•
•
(SAL-The w~ichereinpropoeed witlbe ~~nroed inwhole or inpart wiffr
Federal fiarh, and therefore aIl offl~e shah~es, Hiles and ~ pnxr>.il~d by
the Federal Goveug~rt and applicable >b wodc fmarrred in whole or in pert with
Federal firms wr11 applyto suclrworic. The `22egrmed ContractProvisiaa, Fedaal-
Aid Cor>shuctiar Cartels, `Form FHWA 1273, are ircLrded in this Battier 14.
Wlrer~ in said regrmed o are rr~ade ip "SHA
offio~;' "SETA resid~t er>g~reer," ~ ` artit~ca~d eve of the
SHA," such reSa~roes shallbe oa>strrred to mean `~irgineer" as defined in Seen
1-1.18 ofihe Slar~azd Specificatirxs.
PERFORMANCE OF PREVIOUS CONTRACT - In addiiar 1o the
provisias in Battier Il, `N~" and Section VII, "Srrblettig a
Assigning the Cor>~cx," of the regrmeci oor~acx provision, the Cor:hactor• shall
oa nply wdh th a fol lowi rig
The BIDDER shall exea>te the CIIZTIFICATIDN WITH REGARD TO
THE PERFORMANCE OF PREVIOUS C70NIRACTS OR
SUBCONTRACTS SCIBJF~CT Tn THE EQUAL OPPORTUNCIY
CLAUSE A1~ID THE FILING OF REQUIItID REPORTS located in the
proposer]. No request for subletting or assig:mrg arty paten of the oomhact in
excess of$1Q000 wrllbe oanidaedurrda thepxovisia~s ofSecliori VII offlre
required oalf[ad prov;sia~s unless such request is acoornparried by dre
CERTIEIGATIONrEfeaediD abovr; exea~edbytheproposed~:
NON-COLLUS[ON PROV>`40NS -The provisicns in this s~
applicable b aIl oa~racts except oa~rads fza Federal Aid Seoorrcla<yprojeds.~
T"rtle 23, Lhr~d States Code, Battier 112, regrrires as a cord~urr b
approval by the Federal Y Adrim>ishabor of the carrract work that
eadrBIDDER fle a swum stabemart exeurtedby, or arbehaff the pasa~ fiur~
association, or oapa~ation to whom such cor~act is to be a oat~rg that
such parser, f~ association, a oaporaaai has ~ ~ diealy a indiectly,
entered ir~o any ageanar~ ~ in any err otherwise iala~r arty
acboninnshaitrtoffieeoanpefirtivebiddu~gin withthesubtritkdbid. A
iaorm >p ~ the rrorrm3hnlorr affdavrt iec~ed by Battier 112 as a
cestifi~azurxlerpenaltyofpajrryradher asw~rslatanartaspenr~dby
28,U5~ Sec 1746, isinchdedinihe
PARTICIPATION BY ISADVANTAGID BUSINESS
FdVT~~INSUBCO CTING-Part26,T~rt1e49,CodeofFederal
Regulations suppbes to this F 'project Pertinent sections of said Code are
aroorpaaledinpertorinits widriroflra~sacliar~softhese~llxa~visioris.
VentureIIigbrliy.
Attaclrrrrent
EdnbitA-F
8-07-97
BP 19 of 31
(This form need not be filled in if all joint venture are minority
owned.)
1. Name of joint venture
2. Address of join venture
3. Phone number of joint tore
4. Identify the which comprise the joint venture. (The DBE
partner must c late Schedule A)
a. eaF~e the role of the DBE firm in this joint venture.
b. Describe very briefly the experience and business qualifications of
each non MBE joint venture:
5. Nature of the joint venture's busuress
6. Provide a copy of the joint venture agreement.
7. What is the claimed percemage of DBE ownership?
8. Ownership of joint venture: (This need not be filled in if described
in the jourt venture agreement, provided by question (~•
a. Profit and loss sharing
b. Capital contributions,
including equiprrrent.
c. Other applicable
ownership interests
TO BE INCLUDED IN BID PACKAGE
CITY OF SANTA ANA
• Project No. I0-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
9.C~rholofardparticipatio<rinthist Ide<>bfybyname,race,
sex, and •`fnm„those individuals (and theff tides) who ace xespo~mble
~ ~Y~Y ~ ~ l~~' decision malting, inchdu~g, Name ofFian time ofI
but mt limi~d bq those withprime ~ for.
a. Fir>arrcialdacisior~s Sigrrahue Signahne
Name Name
b. h~rragerr~rrtdecisiom, suchas:
Tide Tide
1. Fstirrrating
Dad Dabs
2. MaaCetnrg and sales
Date
3. Hiring aril ring ofrrrarragerr>~t
4. Ping of mayor iteirn or supp&es
c. Supavisionoffieldopeaations
Note: I~ aim fiimg this Sc~ile B ardbefiore the ~ fthe
joirYverrture'swvdcontheoaartnc~tcoveredbythis theaeis
any significarrt change in the ir>fumaliorr subrnitted, ~ ' verrirue
must inform the > either d'necdy or the prune
iflhe jourtverrtrue is asubcor>hac~bor:
`fie swear that foregoing slaberrrents are
c~ect aryl irrchrde aIl rrraieaal ' ~ rry b iderrtify dad
explain the ffim and operation of joirrt verrture aryl the intended
patiuapatiorr by each jourt in the Fudher, the
rux~signacl oovermrt aryl to provide m grar~ee cn~
oarnple6e and acczuale ~ ~ rr;~rg achxal joint ventrue
wt~ric ardthe payment and anYlaoposed cl~ges m ar-Y of
the jo~rt verrirae and to peur~ the audit and
exazrmration of the recark, and files of fire joint verYrar; by
of the 1 or• fhe Federal fimding
agency. Arty rr~oal rrtion wr71 be grvrmds for
oor~ad which may be awarded and fie initiating
action edaalorStabelawscarro~ningfalseshah~rrex>fs."
Atadrrrrart
Edu'bit?~FR2
8.07-+~7
State of
of
~~ Dn this _ day of 20~ before me ag~peared (r»
!~ ~ me Pte' imown, ~ ~1' swore, aid ercecube th
foregoing affidavit and did slate that he ~ she was prvperiy authorized by (Name of fine
bo exeade the affidavit arri did so as his or her flee act and deed
NotaryPublic
Corrzsrrission expires
~~]
Date
Slate of
Camtyof
On this _ day of 20_, before me appearo
(Name) tD me Personally larown, who being swum, did exewde th
foregoing affidavit acrd aid shale that he a she was prvperiy authorised by (Name of fort
>p exea~ flee affidavit and did so as his or• her free act and deed.
NotaryPubl~
Corrarrissicnexpires
[mil
BP 20 of 31
TO BE INCLUDED IN BID PACKAGE
~ 4
CITY OF SANTA ANA
• PROPOSAL AND CONTRACT AGREEMENT
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The BIDDER under penalty of perjury, certifies that except as noted below, he/she or any
person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility
by any federal agency;
has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency
within past three years;
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
~ ~-I~-
Exceptions will not necessarily result in denial of award, but will be considered in determining
BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing
agency, and dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall
also constitute signature of this Certification.
Name of BIDDER ~{ ~~~~IV~L~
Signature ofBIDDER /~'d~ /' ~ ~
• t/~ g,
Date '7-ar. ~, s. Zo r a ~
FED.8-22-88
TO BE INCLUDED IN BID PACKAGE
BP 21 of 31
CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
NONLOBBYING
CERTIFICATION FOR FEDERAL AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influence or attempting to influence an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriate funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.
` L~~
B DR's Signature F3 (?~-~A..tx3~~~ ~~ ~,
~-~ f~- ~P~~(a-'
Firm
~.(\ . S , Zola
Date
• • Standard Form LLL maybe obtained fmm Caltrans and FHWA offices.
TO BE INCLUDED IN BID PACKAGE
BP 24 of 31
t ''
CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities Dursuant to 31 U.S.C. 1352 /
1. Type of Federal Action 2. Status of Federal Action 3. Report T
^ a. Contract ^ a. Bid/offer/application ^ .initial
b. Grant b. initial award b. material change
c. Corporate Agreement c, post-award
d. Ban or Material Change only:
e. Loan Guarantee y~• quarter
f. Loan Insurance date of last rt
4. Name and Address of Reporting Entity 5. If Reporting En ' in No. 4 is Subawardee, Enter Name and
Address of
^ Prirrie ^ Subwardee
Tier , If known
Co essional District, i known on Tonal District, i known
6. Federal Department/Agency: 7 ederal Program Name/Description
CFDA Number, If a livable
8. Federal Action Number, if known \
~,.J 9. Award Amount, if known
$
0. a. Name and Address of Lobbying Entity b. Individual Performing Services (incbe~g a,s if il~ei~rtfivmNo,
~+~ IGI!r)
~.~`~ ~
(attach Continuation Sheets if neces )
11. Amount of Payment (chec that apply): 13. Type of Payment (check all that apply)
$ Actual ^ Planned ^ a. retainer
^ b. one-tirr~ fee
12. Form of Payment eck all that apply): ^ c. commission
^ a. c ^ d. contingent fee
^ b. ~ kind; specify: nature ^ e. deferred
value ^ f. other, ify
14. Brief cription of Services Performed or to be performed and Date(s) of Service, including officer{s), employee(s), or member(s) contacted, for
Pa dicated in item 11:
(attach Continuation Sheet s) i necessa
15. Continuation Shee s attached: ^ Yes No
16.I~'orrrafjonieques~dflavugliflrisficamisat~edbyTide31 USCSac~im
1352. Thisdiscbs~aeofbbbyingactivitiesisarr>~lioffarkupon Signature .c'
vvlrichrelianoevvasplaoadbytbetiaabove wlter-thehar~sactiaiwasm~decaenterod
"
iribo.
Ihisdiscbs~eisreq~medpu6uaz~tto31USC1352. Tl~isw~llbe ~ntName !~j f~
repatedtuB~eCor>gresssenri-arxnrallyarrlw>Tlbeavm~blefcxp~blic
A 1 r
V ~ ~ ~
~
trypasaiwl~fa~tofiletheta~eddisclosureshallbet~acivllpenahyof Title
~
mt less than$1Q000 arrlmtmore~$1OQ000 foreac~istac~fath>te.
Tel hone No. ~S~-~ - ~ Date -S - ( ~
Use Only: Authorized for Local ltelxnduction
Standard Form- LLL
TO BE INCLUDED IN BID PACKAGE
BP 25 of 31
•
CITY OF SANTA ANA
•
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (Form
FHWA-1273)
The undersigned, is submitting this proposal for performing by contract the work required by these bid
documents, agrees to comply with the required Federal Contract Provision (Form FHWA-1273) as
shown in the appendix of the special provisions of this project.
Signed
Title
Firm
Date
•
3~A~ • S , Zo1 D
TO BE INCLUDED IN BID PACKAGE
BP 26 of 31
f~-iu~cc~,y ~ptf~-T-
j ,
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION FOR FEDERAL AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her lrnowledge and belief; that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL*, "Disclosure of Lobbying Activities" in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all
such sub-recipients shall certify and disclose accordingly.
.?~
B ER Signature (2. C~-~'R~' ~ U. ,
~G~ ~~t~c> ~P~~~
Firm
~lA~. ~- 201.0
Date
~~ d ~ Form LI.L mar be ~ht ~ ~ -~ 'y..
l ~r ct_' o t Caltra~ or P.H cesv ~ -" ~ ~°'
e - ~ ...~ o
•
TO BE INCLUDED IN BID PACKAGE
BP 27 of 31
J ~
CITY OF SANTA ANA
• Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS
FOR STEEL OR MANUFACTURED PRODUCTS
The undersigned, is submitting this proposal for performing by contract the work required by these bid
documents, certify to comply with the "Buy America" requirements of Section 165 of the Surface
Transportation Assistance Act of 1982 and as shown in the special provisions of this project.
Signed
Title
Firm fit- ~ ~~ ~Q-/~.) ~ P
Date ~fl1.J • s ~ 2.01 ~
•
•
TO BE INCLUDED IN BID PACKAGE
BP 28 of 31
~ !
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER
hereby declares
under penalty of perjury under the laws of the State of California that the BIDDER has _ ,has not _
been convicted
within the preceding three years of any offenses referred to in that section, including any charge of
fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in
connection with the bidding upon, award of, or performance of, any public works contract, as defined in
Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section
1100, including the Regents of the University of California or the Trustees of the California State
• University. The term "BIDDER" is understood to include any partner, member, officer, director,
responsible managing officer, or responsible managing employee thereof, as referred to in Section
10285.1.
Note: The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces
provided. The above Statement is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
Title r
~~ ~~ ~ ~ 'U( C6 I~~SI ~
Firm l ~' ~ ~l ~-~-C-J~-~ ~ ~ 6~74-C~~'
Date ~'~) _ ~ ! Z~ ( O
•
TO BE INCLUDED IN BID PACKAGE
BP 29 of 31
' ` , ~ •
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of
perjury, the following questionnaire:
Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary
interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or
completing a federal, state, or local government project because of a violation of law or a safety
regulation?
Yes No
• If the answer is yes, explain the circumstances in the following space.
•
TO BE INCLUDED IN BID PACKAGE
BP 30 of 31
~ ~ ~
CITY OF SANTA ANA
Project No. 10-7554 Mid-City Neighborhood Improvement (west of Bristol St.)
Project No. 07-7577 Edinger Ave. Improvement from Mohawk St. to 400' e/o Mohawk St.
PROPOSAL AND CONTRACT AGREEMENT
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal court has
been issued against the Contractor within the immediately preceding two year period because of the
Contractor's failure to comply with an order of a federal court which orders the Contractor to comply
with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire.
BIDDERS are cautioned that making a false certification may subject the certifier to
criminal prosecution.
Signed
`Title
f~
Firm ~ ~ J /~P6~1~-C~'"'
Date ~~) . ~' ~~t O
•
BP 31 of 31
TO BE INCLUDED IN BID PACKAGE
~ Fidelity and Deposit Company of Maryland
~5~~ Home Office: P.O. Box 1227. Baltimore. MD 21203-1227
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, ALL AMERICAN ASPHALT
BOND N0.085 97 423
as Principal, (hereinafter called the "Principal"),
and FIDELITY AND DEPOSIT COMPANY OF MARYLAND
P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as
Surety, (hereinafter called the "Surety"), are held and firmly bound unto
of Santa Ana
as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN--------
Dollars ($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal
and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Neighborhood Improvement (West of Bristol St.) & Edinger Ave. Improvement from Mohawk St. to
400' e/o Mohawk St., Project No. 10-7554 & Project No. 07-7577
Bid Date: January 6, 2010
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding
or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this 28th
day of December
A.D., 2009
~/ C~~ ALL AME ICAN ASPHALT _ (SEAL)
al
Witness
Title (~ ~~~~
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Surety
G/' ' ~ -
A. Wilkison Witness
-.-~
By '~
.~ (SEAL)
William yr ~ ,Attorney-in-Fact
Printed in cooperation with the American Institute of Architects (AIA} by Fidelity and Deposit Cornpany of Maryland . Fidelity and Deposit Company of
Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition.
BID70000ZZ0701f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
county of Riverside
on January 5, 2010 before me, Brenda L. Royster, Notary Public ,
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley
Name(~of-Signer(Qf-
SRENI)A L. Rc~YSTER
~^ Commission # 7 700922
<',:'-~; Notor PubIIC - California =
z +y,~s,~ Y z
Z ~„ _ ,. Riverside County
~- My Comm. Euup±res Oci 26, 20? 0
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/sl~e/tbey executed the same in
hisAaerlt#~eir authorized Capacity(ies), and that by his/I,°
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my and and official seal. a ;` g
Signature /~~'(~ry'>iC ~
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Bidder's Bond -City of Santa Ana
Document Date: December 28, 2009 Number of Pages: 3
Signer(s) Other Than Named Above: William Syrkln, Attorney-In-Fact
Capacity(ies) Claimed by Signer(s)
Signer's Name: Robert Bradley Signer's Name:
^ Individual ^ Individual
X Corporate Officer -Title(s): Vice President
^ Partner- ^ Limited ^ General
^ Attorney in Fact . ~ -
^ Trustee Top of thumb here
^ Other:
Signer is Representing:
^ Corporate Officer -Title(s): -
^ Partner- ^ Limited ^ General
^ Attorney in Fact
^ Trustee 9°'
~.
^ Other: ~~'
Signer
~ - -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 12-2$-09 before me, A. Wilkison, Notary Public
Date Here Insert Name and Title of the Officer '
personally appeared William Syrkin
Names} of Signerts)
,o.
Commission # 1866283
<p:^zr ..t z
Z,;. , ~fo Notary Public -California z
z '~..._.., Oran D
~~.,, ge County
~'~''°` My Comm. Expires Sep 26, 2013 J
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person() whose name( is/efe subscribed to the
within instrument and acknowledged to me that
he/shefthey executed the same in his/Mer~tiieir authorized
capacity(ies), and that by his/Her~tHeif signatures} on the
instrument the person(a}, or the entity upon behalf of
which the persons} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ~/~'' .
Signature of Notary Public
OPTIONAL
Though the information below is not required 6y law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bid Bond
Document Date: ~ 2-28-09
Signers} Other Than Named Above: All American As
Capacity(ies) Claimed by Signer(sj
Signer's Name: William Syrkin
Individual
!]
Corporate Officer -Title(s): _
Partner - ^ Limited ~~ General
Attorney in Fact
Trustee
Guardian or Conservator
':; Other:
Signer Is Representing: __
Fidelity and Deposit Comoanv
of Maryland
.,
Tap of thumb here
Number of Pages: One
Signer's Name:
G Individual
Corporate Officer -Title(s): _
Partner - ^ Limited ^ General
=! Attorney in Fact
C Trustee
Guardian or Conservator
u Other:
Signer Is Representing:
Top of thumb here
- ..
®2067 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •ChaLSworth, CA 91 3 7 3-2402 • wvnv,NalionalNOtaryorg Item #5907 Reorder Call ToA-Free 1-806-876-6827
~ Y
•
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint William SYRKIN, Rebecca HAAS-BATES an f Irvine, California,
EACH its true and lawful agent and Attorney-in-Fact, to mak e 'u ~ behalf as surety, and
as its act and deed: any and all bonds and undert o ecu ' or undertakings in pursuance of
these presents, shall be as binding upon 1 d s 1 ents and purposes, as if they had been
duly executed and acknowled ~ y ele ompany at its office in Baltimore, Md., in their
own proper persons b~drT' er rn ~ e on behalf of William SYRKIN, Rebecca HAAS-BATES,
Sergio D. BECHAI2~ and ed April 8, 2008.
The said Assistant s e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-L s said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of
September, A.D. 2009.
ATTEST:
'~~ DEPOSfi
o c
~'~ e
O 1~ ?
4.,,..~r
State of Maryland 1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
r
Gregory E. Murray Assistant Secretary
~; ^ /'
By: ,
William J. Mills Vice President
On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and with, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
I,c~~~ ~4L" i
!,~ . Gl lG is
I
~!
!%!1 Ills\\
Marta D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA-F 012-0033
+ i
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting du}y called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 28th da of December 2009
y ,
~~v~ ~ /
Assistant Secretary