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HomeMy WebLinkAboutCALIBER PAVING COMPANY, INC.0 w V e +z A w C m ? F- o ?, c ? w a ? s ? ? O z ? ? a ?? 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 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiII No FEE 2011000024629 11:08 am 01/13/11 153 415 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ??:? ?: 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 Adams Park Basketball Court Renovation under contract entered into on 6/2 1 120 1 0. with Caliber Paving Comnanv, on which contract Suretec Insurance Company 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_ 10-7504 located at: Adams Park. The work improvement on said property was accepted as completed on January 6. 201 1. ' 1/13/11 ' `Dated: CITY OF SANTA ANA, A MUNICIPAL CORPORATION City Engineer TITLE VERIFICATION I, the undersigned, say_ I am the Citv 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 i dividual swearing [hat the contents of Notice of Completion are true.) h A? 1 ?? C? THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 21, 2010 TITLE: CONTRACT AWARD FOR ADAMS PARK BASKETBALL COURT RENOVATION (PROJECT NO. 107504) APPROVED ~ "~~` ~~ ~~ Recommended ~ C ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2°d Reading ^ Implementing Resolution ^ Set Public Hearing For_ r` ~~ J CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Award a contract to Caliber Paving Company, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $66,595 for construction of Adams Park Basketball Court Renovation. 2. Approve a Funding Analysis with a total estimated construction cost of $133,930. DISCUSSION The surfaces of the six basketball and volleyball courts at Adams Park have severe cracks and erosion that inhibit the use of the facility (Exhibit 1). The project entails reconstruction of the asphalt pavement and restriping of the basketball and volleyball courts. Once completed, the improvements will provide a better playing surface and will encourage more people to use the park. The Notice Inviting Bids was advertised on April 7 and 9, 2010, and bids were opened on April 27, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 15 Contractors requesting bidding documents: 12 Bids received: 10 Bids received from Santa Ana Contractors: 2 Contract Award For Adams Park Basketball Court Renovation June 21, 2010 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Caliber Paving Company, Inc. Santa Ana $66,595.00 2. Century Paving, Inc. La Mirada $75,371.17 3. Panorama General Engineering, Inc. Upland $80,999.00 4. ACE CD, Inc. La Verne $82,296.95 5. Green Giant Landscape, Inc. La Habra $86,440.00 6. KM Consulting Crestline $87,593.30 7. Diversified Landscape Mgmt., Inc. Mission Viejo $87,808.00 8. Terra Paving, Inc. Santa Fe Springs $89,767.50 9. Hardy & Harper, Inc. Santa Ana $93,740.50 10. Aghapy Construction, Inc. Bakersfield $107,620.00 A total of ten bids were received and all were responsive. The lowest bid was submitted by Caliber Paving Company, Inc., for $66,595, which is below the Engineer's estimate of $98,825. ENVIRONMENTAL IMPACT Environmental Review No. 2010-38 has been completed and the Categorical Exemption will be filed upon award of contract pursuant to the California Environmental Quality Act. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $133,930 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (accounting unit 13518783-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez ~C„~~ Executive Director Executive Director Public Works Age y Finance & Management Services Agency Contract Award For Adams Park Basketball Court Renovation June 21, 2010 Page 3 ~~rz~ Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency RG/WA Exhibit 1: Project Location Map 2: Funding Analysis ~J U U EDINGER AVE ~_ ST. GERTRUDE Fy Z tll J PROJECT SITE WARNER AVE EXHIBIT 1 SANTA ANA TITLE: ~' CITY COUNCIL CONTRACT AWARD FOR AGENDA DATE: ADAMS PARK BASKETBALL COURT RENOVATION JUNE 21, 200 (PROJECT NO. 107504) PUBLIC NgRKb AOENCV FUNDING ANALYSIS PROJECT NO. 107504 ADAMS PARK BASKETBALL COURT RENOVATION Construction Contract Contract Administration Inspection and Testing Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS $66,595 $6,070 $10,000 $51,265 133 930 Exhibit 2 ORANGE COUNTY REPORTER SINCE 1921 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 /Fax (714) 542-6841 Dina Melgar SANTA ANA/PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID -NOTICE INVITING BIDS Ad Description: Adams Park Basketball Crt Renov I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the 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 Califomia, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, t0-Wlt: 04/07/2010, 04/09/2010 Executed on: 04/09/2010 At Los Angeles, California this space for filing stamp only OR #:1834475 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana, Califomia will receive at the City Hall-Ross Annex, (M-43), 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works A enc Fourth Floor~Rece tt on st, on or a ore t e our o, 2:00` p.m. on~,pnl 27, 2010 sealed bids and/or proposals for PROJECT NO. 10-7504: ADAMS PARK BASKETBALL COURT RENOVATION (Work includes excavation, asphalt concrete basketball court, redwood header, basketball and volleyball equipments, and pavement marking and stdping) Notice is hereby given BIDDERS that this project is funded with Community Development Block Grant (CDBG) money, and that the rate of wages for each craft or type of work or mechanic employed under this contract shall be as specified under the current determinations of the De artment of Labor as r ulred under t e aura- acon ct. ere a lscrepancy exists etween ederal and State prevailing wage rate, the higher of the two prevailing wage rates shall apply. Each bid shall be accompanied by cash, a cashier's or certified check payable to the Ciry of Santa Ana, or bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the BIDDER will enter into the proposed contract i( the same is awarded to him. The signatrxe of the BIDDER on the bid bond must be notarized. The City Council reserves the right to reject any or all bids. The successful BIDDER must possess or obtain a valid Califomia Class A Contractor's prior to the scheduled award date of this contract. The Disadvantage Business Enterprise (DBE) goal for this project is 1.67%. The Underutilized Disadvantage Business Enterprise (UDBE) goal for this project is 2.22%. These percentages shall apply to the cost of the entire project. This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or the third low bidder, it must be submitted and received by the administering agency no later than the time specified in the Federal Requirement Appendix F. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance is allowed in accordance with the Public Contract Code. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. an, aisno OR-1834475# certify (or declare) under penalty e ury that the fo oing is true and Com lete sets of the Plans and correct. Soeci ications will be umished upon a lication to the Public Works A enc First Floor. 20 ivic enter Plaza. anta Ana ali ornia 92701 hone 714 647- 5680. There is a 24.53 charge (non- ridable) for the Specifications, plus a $14.42 additional lee if mailed. Make checks payable to the Ciry of Santa Ana. ii~ui~~uiiuuiniiui~uiuAiuiui~i~inuiuuuA~ ag C CITY OF SANTA ANA S PROJECT NO. 10-7504: ADAMS PARK BASKETBALL COURT RENOVATION PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA _ _ FROM: i~ ',1 ~{~ ,•=. "~~-.', ~ . ,~ ~ '; ;~,..~~u',' ~ ! 1 . ~,'' . 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, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount 1. Unclassified Excavation CY 410 $ •`~ ~ ~ $ ; • ~ - ~ J r' =- 2. Crush Miscellaneous Base TN 560 $ ', ~ $ 3. AC Pavement TN 280 $ .. + ~ $ r` 4. Redwood Header LF 315 $ ~ l ~ $ 5. Furnish and Install Stainless Steel EA 1 $ 1,•.~~w $ Volley Ball Post and footing 6. Furnish and Install Basketball Goal EA 1 $ ~ ~ :~, ~ _ $ ', 3 t ,: _ _ ~ ..F ~, 7. Basketball Court Complete Paint LS 1• $ s $ y and Stripe Markings i ,: . `~ TOTAL BID______________________________________________________________________________ $ , `` , . , , PROJECT NO. 10-7504 BIDDER ADAMS PARK BASKETBALL COURT Firm f,'~~t~, .~ ~<. ~'~~-;~, ;t ,! , ` i ,,;~F'~,t a`:° , ~ ' . RENOVATION Address i ' _-~ - " ~ Phone(s) ~ ~.~' . ~.. ' ` ~~~ ~ . BIDDER Signature >~ ,.. TO BE INCLUDED IN BID PACKAGE BP 1 of 31 CITY OF SANTA ANA • PROPOSAL NO. 10-7504 PROPOSAL AND CONTRACT LIST OF SUB-CONTRACTORS REEMENT Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projects; '/z% of the bid or $10,000, whichever is greater -Buildings, parks, or other projects: '/z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME 'fA~1~6R 'f~NI~IS C~V>zT5 I NC LOCATION Q~N ~{-~ E I ICI PHONE ~ ~~.}~.1032.3883 TYPE OF WORK -rEr~n~is covRT' $ ~~TSp. ~ ~ 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 of.~'irm Sub ~ ing Bid -' ~- - Signature of BIDDER NAME ~ cG M 7R1)LILINCI LOCATION Lf~ ~t~~t~LES PHONE 31 U. GI 01. ~-1~108~. TYPE OF WORK '~'R~LI~If~G~ $ 2~0 ° NAME LOCATION _ PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK BP2of31 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA • PROPOSAL NO. 10-7504 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 ~-AI~13~~ ~-~~~ ~ ~L1 Caw 41~-~1~1y, ~ 1~1C . Signature of ~_ %" BIDDER ~ `~'=~1,~ _ _ _ _ Title ~-~~Z I ~~ G I L ~~1~~~ ~R~S t D~la1~" (if an individual, so state) • TO BE INCLUDED IN BID PACKAGE BP3of31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 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.) ~StT~~IT-~'SZIN ('IILGHTZI~E ; ~~~~)~~- ~~Rlti G'11LG~I~I~S~ ~LR.~~I -~~iN ~ 1~ C~-IR1~5~ ; PJ~-F~~-~C~ ~ -DP„(~ l~1 Cat ~C.i~1z1F5~ Awarded to (~Q~L~~ ~y~~,,~ 1 on the basis of bwest responsive arxf ive ~ ACTION OF COUNCIL: bidder in the amount of • ATTEST: CLERK OF THE COUNCIL Date ~ ~ ~~ 20 APPROVED AS TO FORM: ACCEPTED FOR THE CITY OF SANTA ANA: ,~ ~ ~ ~ ~ ~. ( n ITY ATTORNEY EXECUTIVE DIR TOR PUBLIC WORKS A ENCY TO BE INCLUDED IN BID PACKAGE BP4of31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER ~; A1~1~3~ ~-I~~l t~E%t C~~y~ e ~C, , , proposed subcontractor __" " ,hereby certifies that he has _, has not ~~, 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. r~ 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 BPSof31 CITY OF SANTA ANA • PROPOSAL NO. 10-7504 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 may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 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 BP6of31 CITY OF SANTA ANA • PROPOSAL NO. 10-7504 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 penaltieosed for a violation of the Chapter. ,f Signed _-------f-~-~-~'--- ~ -_-~-~--- T.~`R.I C~1 G 11.G~-1~1~5~ Title ~~~~ IT~QJ~' Firm ~~41~! ~R ~~V ~ NU COM~~~a~l, ! t~C . Date (--~ •'Z~ - ~ Q TO BE INCLUDED IN BID PACKAGE BP7of31 CITY OF SANTA ANA . PROPOSAL NO. 10-7504 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 ::~'~_._.~ =- ;~`"'" n__~_ ~-a.~l~ ~ ~~.~~~~~~~ Title ~~~~ ~ ~gv~ Firm C~1i~~~ ~~~J~ ~ RIG1 1i (~~~-Pct~y ~~~` . Date !-~ ~ 2lD ' ~ l~ • TO BE INCLUDED IN BID PACKAGE BP8of31 CITY OF SANTA ANA t PROPOSAL NO. 10-7504 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. I . C ~U ti'~I ~F ~~-1~U~2. ~ ~D '~O~~OR1~ ~~ , 11~~9 l ~ ~, C~ g2~00Z Name and Address of Owner. Name and Telephone Number of person familiar with project. 1 ~ ~q~ . ~~ -Pk.SP~-I~L`~", S~URR~ ~P~L I ~ . t2 . ~l Co tract mount Type of Work Date Completed p.0• ~DX ~200~5 2. 1ZIV'~~DE GO~N`Z`I ~Pt~~PDRT~~GI~ ~~(~~1~S~~N -~zw~RS~~, cA~~vz Name and Address of owner. BI mot, B ~E+~ ~ Cad t~ ~l~S-1. ~lq t ~ Name and Telephone Number of person familiar with project. I ~ f~ (~l . 2g2 . gt° ~1,T C.R. ~ ~ ~ ~ . 2~ • ~ • Contract Amount Type of Work C ~ ~1 Date Completed 25tv3i ~~R ~. +I~~~Ml~ty ~~y 3• ~DD~E~GK-- ~'`~UU.-E `) V`5U - t`~,tSS10N ~.~ I~S~. ~A ~121G~t I Name and Address of owner. ~~1 C ~~~ C~ «>~~ ~J~~. ~~Jw~ Name and Telephone Number of person familiar 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. yyRE-~~C - 303 D-r~ A~4''~-i ~V~T~ ~~0, ~t~ D1~C`~10~ ~-~ ~2(D~ ~~ ~ D~ -z~~. Des s 4~'~ • TO BE INCLUDED IN BID PACKAGE BP9of31 CITY OF SANTA ANA • PROPOSAL NO. 10-7504 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 Califc Signed Title ~.~J; ~~T Firm C.P:L~ I ~ ~~es~ ~ ~~'~. ~U~~~-AN~ , ~ X01 ~- Date 1--} - 2~ ~ ~ ~V C7 TO BE INCLUDED IN BID PACKAGE BP 10 of 31 CITY OF SANTA ANA • PROPOSAL NO. 10-7504 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 ai-e cautioned that-making a fals~~~rtification may subject the certifier to criminal prosecution. Signed State of California County of ~~~L~~ ~• 210. l O Subscribed and sworn to (or affirmed) before me on this ',L..10~ day of ~ t~ , 20 l0, by L~RRt N L-t1t.,~~12\~5+= ,proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. `; ; t/ Notary Pu is Signature GIIrIMgioll ~ 1M1111 IIMny P~Mio - CMMer~ On~t CowMy ona~. E~ int r 1 1 Notary Public Seal BPllof3l TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA • PROPOSAL NO. 10-7504 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,,'.tQ.give up ary~art of the compensation to which he/she is otherwise entitled. Signed Title ~~ Firm L~~~~ ~~4 (~G l "~ ~~-~~~ . '. ~ ~ . Date L--~.'z,~p . ~ V • • BP 12 of 31 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA • PROPOSAL NO. 10-7504 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: (~.~ L1 ~`i~Z ~~c~ 11~~ l:U ~'~-~ ~1, ~ ~~ Business Address: ~3 ~. ~If~V Nit , ~f~T~~ ~~~ ~ C~ ~2~1 pG] Telephone: ~~~. ~~Q. u~~tl- State Contractor's License No. and Class: (fjCj~~,Q (j2 ~ ~ C~2 Expiration Date: Signed: Title: TO BE INCLUDED IN BID PACKAGE BP 13 of 31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 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 14 of 31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 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 rip marX 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°Io 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 income residents (local residents) and job opportunities in connection with projects in their neighborhoods. For fiscal year 1996-97, minimum goal for each project is 30°Io. • TO BE INCLUDED IN BID PACKAGE BP 15 of 31 • PROPOSAL NO. 10-7504 CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT SECTION 3 -CONTRACT CLAUSE continued The ontracto 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. '/,~ ~, ~~ _- ~~. ~.____~ Signaturey~~--~ Signature Signature ~~ ~ ~ ~~ ~.c.+~~~ - ~~ ~ Print Name and Title Print Name and Title ERIN ~~ILC~.I~~- ~~,C~7P~T~ Print Name and Title ~.~.40 Date • BP 16 of 31 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROPOSAL NO. 10-7504 PROPOSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS • • GII~IERAI, - The welC herein proposed will be firrar~oed in whole or in part with Federal finds, and therefore all of the statiues. Hiles and regul~~rtie~s pnxTUilgated by the Federal Govemrrrent and applicable to work financed in whole e- in part with Federal finds will apply tQ such work. The ` Regr med Contract Provisions, Federal- Aid Conshuction Contracts, ` Finn FHWA 1273, are included in this Section 14. Whenever- in said required contract provisions references are made to "SHA Contracting olfi~,>, "SHA resident engineer,,, or `authorized rq~~~tative of the SHA," such references shaD be oontr>.recl to mean "Engineer" as defined in Section 1-1.18 of the Standard Sl~ec;ification. PERFORMANCE OF PREVIOUS CONTRACT - In addition to the provisions in Section II, ` Isiaxliscxnrur>ation,>, and Section VII, "S~rbletting or Assigning the Contract,,, of the required contract provisions, tl~ Contractor shall corrrply with the following The BIDDER shall execute the CERTIFICATION WITH REGARD TO THE PERPORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SLJBJEC.T 'IO THE EQUAL OPPORTUNITY CLAUSE AND THE FIL ING OF REQUIRFA REPORTS located in the proposal. No request for subl~iing or assigning any portion of the ~ntract in excess of $10,000 will be considered under the provisions of Section VII of the regr.~Ld contact provisions unless such rr=quest is accorrrpanied by the CERTIFICATION refened tQ above, executed by the prq~osecl sr rbcontrac;tor•. NON-COLLUSION PROVISIONS -The provision in this section are applicable to all contracts exoeptoontacts for Federal Aid Secondary projects. Title 2~, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrate- of the contract for this wek that each BIDDER file a sworn statement executed by, e• on behalf of, the person, fimr, association, or ~rporation to whom such contract is to be awarded, certifying that such person, fnrrr, as~cx,-iatiorr, or cepcx-ation has rrot, either directly or indirectly, entered into any agreement, parficipated in any collusion or otherwise taken any action in restraint of flee corry~etitive bidding in eavrec;tiai with the submitted bid A form to make the non-cdlt>sion affidavit statement requu~d by Section 112 as a certification under penalty of perjury rather than as a sworn statement as pemtitted by 28, USC, Sec.1746, is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSIlVFSS II~'IERERPRLSES IN SUBCONTRACTING- Part 26, Title49, Code ofFederal Regulation supplies to this Federal-aid project Pertinent sec;tia>s of said Cade are incorporated in pastor in its entirety within other section of these special provision. SclreduleB -Intorrrration forDetermining Joint VentureFligrbility. At~idu~t F~tu'bitA-FRl 807-97 (This form need not be filled in if all joint venture firms are minority owned.) 1. Name of joint venture N A- 2. Address of join venture 3. Phone number of joint venture ~,'~ 4. Identify the firms which comprise the joint venture. (The DBE partner must complete Schedule A) N /P~- a. Describe the role of the DBE firm in this joint venture. N /!~ b. Describe very briefly the experience and business qualifications of each non-MBE joint venture: N /Dk 5. Nature of the joint venture's business N Il~- 6. Provide a copy of the joint venture agreement. 7. What is the cJa}~ percentage of DBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question (6). a. Profit and loss sharing b. Capital contributions, including equipment. c. Other applicable ownership interests BP 17 of 31 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROPOSAL NO. 10-7504 PROPOSAL AND CONTRACT AGREEMENT 9. Control of and participation in this contract Identify by name, race, sex, and "turn" those individuals (and their tides) who are responsnble for day-today management and policy decision nnaking, including, but not limited to, those with prime responsibility for: a Fnanc;ial decisions b. Management decisions, such as: 1. Estimating l~ ~ ~ 2. Marketing and sales ~I 3. II'ning and firing of management l~ 4.1?t uehasing of major items ~supp • c. Supervision of field operations Note: If, after filing this Schedule B and before the completion of the joint venture's work on the contract covered by this regrmlation, there is any significant change in the inforrrration submitted, the joint venture must inform the grantee, either directly or througJm the prime contractor if the joint venture is a subcontractor. A~rdcivit `°Ihe undersigned swear that the foregoing statements are cormect and include all rnaterial information rmeoessary to identity and explain the terms and operation of our joint venture and the intended participation by each joint ventruea~ in the undertaking. Further, the undersigned covenant aril agree to provide to grantee crment, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venture arrangements and to permit the audit and exarr»nation of the books, recorcls, and files of the joint venture, by artrlmorized representatives of the grantee or the Federal funding agency. Any rmaterial misre{xesentaion will be grounds for terminating any contract which may be awarded and for initiating action underFederal or State laws concerning false statements." Adadurrnt • E~dvlxtA-FR2 8-07-97 Name ofFrrm Name ofFihn Srgnahae Name ~ Name ~ ~ ~ Title ,( Title vrr uus eery or u ~ nerore me appearea frame, to me personally known, who, being duly sworn, did execute the foregoing affidavit and did state that he or she was properly authorized by (Name of firrn; to execute the affidavit and did so as his or her fie~ct and deed. Notary Rrbfic Commission expires \~ ~~j ~ \~ Date State of County of On this ~'ay ~ of 20_, before me appeared (Name) ~ r4 rrre personally known, who being sworn, did execute the foregoing affidavit fate that he or she was pn>Jmerly authorized by (Name of firm; tQ execute the affidavit and did so as his or her flee act and dead. Notary BP 18 of 31 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA • PROPOSAL AND CONTRACT AGREEMENT PROPOSAL NO. 10-7504 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. • N J /~ 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 ~i<1~I~R {~~1VIN-C-~ CD., (RIC_ Signature of BIDDER c-E ~'® Date ~. Z10.1 ~ FED.8-22-88 TO BE INCLUDED IN BID PACKAGE BP 19 of 31 CITY OF SANTA ANA • Local .~issistau ce Pracedm•es wtauuxl Exhibit 3S-GL Lorca! ~ency~ Sadder L~$£ tomuiitment {fC'onstrnrtion C:ontr~cts~ Ex6i~it 1~-G1 Loeal AgencyBidderL'DBE C'otumattnen#{Construction C'ontractsj • NOTE: PLE_~SE REFER TO I~SI'RLCTI0~5 O~ THE REt'ERSE SIDE OF THIS FORM .~cf~::.~-: ~'il f`I U~ SIkNTA •~kNA L~c~ano~: 2O C~V~C C~NT~~Z~ ~o.-~crn~sc~no~r ~M6 F~ARIL ~~ U., COURT ~o-s,L ca>'R~.T eLY10L~:-f: s l.el0.~ 5a5 . o L7 ~~E?' S 2ti~1~~:~n~~. I'~ ~-t•'tV ~ 1 V y 1 W I~ - t~~lV ~,7-~ Iy~ "0~-~L._T T.JE~BE GO.iL: L • 22 ~~D Q~-'R3~T 1 ~~: t~'4F.F' A`iG D CSC?,:.~:I(?\ ' eR. No, of TJ;:B. ' r:~ME f}F GT8 =s 0'.,L.~~ :L3tUC'1: I'IEV TG. ~ SERti :~ES TE7 B~ - Cd\":?3~~TE~~R~!4TER_A1i HE?RQtiTG~ a.~ Et aP ~TIO~ ATE [rst be:ert5edaeth~zdare ouL eaproed-ia3s,9eG~&Ead~tea ~e n~.mixf [DSE 1 V 1 10 E'+ M o0 P • 1 •I IMF L(1S AN CA `tOt)-f 1. or Loc~I Aaenc}- to Complete: ac:l:~sen.}•Co~cacc*tusbJ +ecwa: A~i?:ojen `:: eCerl~ 51taL?: ra:.~ e:.,~~ ?ai[ticipauac S 2 (Ol ~. o O f ~oQ ~.O~CC?LR'd.'tj mod:?: cal Aae!~3= cer[6e~ ~,a- a] :DfOCn'~170~ :~ c aecple[e am ~.cntte. • ~.s rintNanr, SL3,a[[se L:aa~ u1 AFe~rF.eF:•~se~raaea 'area Codel7e]ec3o~N+xcber: ,,Mara[: ~ .210.10 1 ~.~n OU~B~ ate ~:~J~•T?f'4a or C`altrans Re~-ie«~: ~~y ~-~~R 1~~'•4~.(D~ rirt`~knr. Si~a[ure L1D;= l'a~tn>L'[5cictLoCi?sst,~r?E~gt,rrzt - nh.,-, i t _ T, .~._ ?"n0.7N D]QC: aF3?ieTt'F20i'.~~[L~~~ _o:alAaacc-B;aiar-L!B_'.o®iuaxc~Ra~ ?r"F.', ---••------- -.. --r- -, ... ,•~ .~ ~K a. o ~ ~._ ,u..u..c_ xa_:=~c_ :a=.naer t~L.t j; xt~tc t~ aa~•s of aayd. Fai7c.-e [n sew a cap ~ to Z=_ rL.,~'- ni?tic ]. daFS of aca~u3 ~n• rapt is de-crbL•_eadon of fici:. for chi; praj ec:. +:'1Co~^r -?~cl~rri«v.•s~p~aag~:aiatcaas 3istricLatal ~si~:_:~ce ~l ~ ena[ - Lacat eerx: fie: P~~e 1{-31 LPP Q9-~ !1larch : ;, :009 TO BE INCLUDED IN BID PACKAGE BP 20 of 31 CITY OF SANTA ANA • Eshibit 15-C;1 Local A>sistance Procedures lianval Local ~geac~- Bidder LTD $E Commitment (C'~onstruction Contracts) I~STRL"CTIt3ti S - LOCAL ~,GE1C~ BIDDER. LOBE C0~1i~iIT1fE~T {C'O\~SIRL'CTICt'_\ C0~1TR-~t:TSj (Retired 03.109) ALL BIDDERS: PLE AS1L 10TE : It is the bidder"s resgonsibilits to t•erifr- that the t"DBEf s) falls into one of the folloning groups in order to coast kot~ards the LOBE contract aoal~ 1) B1ach American; ;jAsian-Pacific American; i~ ~ati~-e Amcrisan; ~} `it~omeu, TI4is infoi°tnatian may- be snbtnitted tS-ath -our bid pr~ogosal. If it is uot, and ~•ou are the apparent lo>~• bidder or the second or third loaf hidden it must snbmittied sad receit.•ed as specified in the Special Proti-isions. Failure to submit the required L~DBE commitment n-ill be grounds far finding the pt•oposat nonresponsis•e t:DBE is a firm meetutg the defiauticu of a I}BE as specified in ~9 CFR sad i= one of the follau•iug groups: 1. Black :~nneniean _'. ~=ion-Pacific Anlencan ~, ~Tstic.•e American +, i~i~'omen T}ae fora: retiture~ specxtic in=orr~ation re?arclin? the c~nstructian ~~otx~aet zQenc~', Lccataon. Project DescrEFt~c~n. Federal ?.id Project Vtutber {assi~ne3bt- C:~Itraus-LiSCaI :~sststw.:e). Total Contract r?molmt_ Bid Date_ Bidder' ~ l~stme. and C'outrt;ct Goal. Tire font: ha s ~ cohtta:n for the ~'-cntra: t Item Kuntber kcr :ten: `_30° sj and Item of ti'orl; and Description or ~er4-aces to lie Subcontracted cr1~.4akeriaL. to be pra,-ided, b!r L-DBEs. T'lLe UD$F shottldprotzde a certificati4u • IIYRL'E7ei tb 11? ~~OIItt:tit0:' :rnd e!ipnr'tLOtn t'1;1te. X112 fora lna5 a column WS t~214111]e3 8fLZ7BE eantn•actat•s to perform the n•~ork ~ :~°h~ must be certified ~n the •date bids are opened and iu-prude the ~~1BE a3dn'es~~ anti phone ntuvber~. EateE -he LrDBE prirse•y {1nd sul~c~~ntractor~' ce~ficatian rluaxbes. Prime contrr~ctar3 shall indicate all ~t~,~rk to be pa fornnned b': 4~-DBE- ittchtdin~. if -he ptir~e i.s 3 LTDBE. t~~ork perfc:~ed b}• its ea°n farces. L2+4PC)RT .ITT: Itlenttf~• all L-DBE :tats betne palrticiFatin2 in the pr~jeet reea_dl.ss of tiea_ `Names of the Ftr~,- '• be cc+nsistent, t~:sere appli~:able. Tier .~I7BE Snl~c~intractors and their respccti:=e item(sl of :t•~rk listed shottld t3•ith -he naate°s alld E;~°:115 Of ti'Or~: in th,e "List of Subc~ntractor5" submitted .t'tth ~~ o~a~ bid. Pro,-icte copies of 1te i:I7BEs' CItlCtei. and if applicable, a ccp~' of icin:-en-ttre~ aereetneats pursuant to the Subcontractors Listsraa Late: aria :lie special Fra,-tsions. Thera is a cahunn fnt• thz atal 1.rDBE dollar nnnettmt. Enter the Total t'lairued L:DBE FartieipatiMn dollars and percentage au~otnnt of items of tt•ork submitted ~~~itb }~onu bid ptustunt to the SF•ecial Pro~tsions. !(If ll}~°~~ of item is not t~; be perfostned or fwvisht'd b}• the L'DBE, describe exact pontio© of time to be performed or famished b}• the GIBE; See ~ertiou "I?isads~antaged Bltsiuess Etlt~pnse (i?BE;,•` ~f the Special pIt~ti~'lil9rl9 ~C4E1S71n~:t14II con~-actsl; to cletertnine• h3rr to : oust the Pat*icipatioa of iDBE iirmS_ Exlti6it I ti-G t l; attest be si~aed and dated by the pers~an bidding. else li=•t a phone nttttber itL lie space prolzded aid print -lia naive ~f the p~rsan .b e~nract. L.t)C:il ~i.~ellCieS shuand ~ctnpla-a the Can.nact An~ard Date and Federal ~ltarz fields and ve:ii?~ that al inferznnaticiZ is ecunpleta arad accttra-e before signing and geuding a cape r3f the farm to flue Distri~~ t Local assistance En?inaer ;l'1th311 = ~ dc~~'S of a1~.3rd.. Failuue to ~ubruit a cailnplete•3 at,d accint3te forrzn it•ithlu the i 7-da~• ttune period m~.=, uesult itn the de-~bliaati;.u of fitnds on this project. Uistrirt UBE C oarclinatot• shoo€d ~:erif~.• that all inf.rtilation is complete and accurate. C)nce Sae unfo~atiauhos k~e:ta 4erified, ;h, Uisiri:ct Lcrt~! :~s~i~tlnce En_gineei° =~tgns and dates the ferm• • Page 16-3'_ \Larcl~ _'?,'_0~~3 LPp ~D4-ss TO BE INCLUDED IN BID PACKAGE BP 21 of 31 CITY OF SANTA ANA Local .~ssi~tance Procedures ~taaual Ezitibir 1 E-ls'_ Local A~eneti~ Bidder I;aBE Information (ConstrncNon t"ontractsj ExhiUit 1 a-G2 Local A~ettcg, Bidder DBE. In~ort:tiatioii ~Cc~nStruction Contract:} ;Tnclttsil•e of al! DBEs inc]•udiug the [:DBEs listed at bid psopasa]) • • `COTE: PLE ~,SE REFER TD I~tiSTRt?~C'TI{~~S 0~ THE REt'ERSE SIDE OF THIS FORlli }~~~~ ~~ ~ ~~~A .~~ L~f_~~o 2~ o~vt~ c~~. ~~~ ?Gs'ECT D~sc.~_~rla~; /~T~1~ 5 ~-~sQ~ `~~"~'~1.~ CUU RT J =~L ECG'-+~:_.AC'I _l'4SGL3~T: S V/~,~ ~J~ ~. 0 D ~D~TE~ •2'1 - 1 V ~~E~'=e~.~..~:_ C~I,I~~Z !'~~V INS C~~M~~V`~~ I~IC . G~~~::T - i G= i.':IRF.:~~iC DESC?~~ IG~d • BE Celt ``io - ti~.'~tE OF B~_s G'~.LA? ~:'~{J.~. - ITE?w' ~ti.~. A S r'Fi4 :LES 7Q B' " ~.*vu E7L~L•L~.T{d\ : {wt ~ zs:ifi e3 oc TF~z dace a i~ E L~3G[T`,~ •1CIE~rt}? Y~TE:~,;.LJ G BE ?3AL~~1 ~ ATE ? op?~ec-i~lwi+e ;B=a~t~s ~2IILIDS YS} 00 e • t - 1l CIM~RRo CA ~l or Loc:tI ~~genr}• to Complete: cal are~:~• Cencat-'~stsrb~ cCe=Jl sir]te: rep=~'~•-=~~ ?utitip~nae 5 2~1~° '.G. _ ~'~ [?l ~?ex3• certfis, ax he CBE cerrificacent;??ra; lean rzlifiKi ac~3ap aa~ad i COIIDis.:2 a1Lil :~ic'tl[11C2. •. ,-~ ~ _`°°"-." F' ` ' ~tiF? 3 2I `'T L.~.~ •~ U ~ 1~• /JlU . V~~`'1 nm \rnte ~t_~aat:e L aa? ~JC?t rL?FCfi ~2~Ys~[A3~ a :~•ea Co 3ei T?] ;os~'_~(~mb~: Ddt~a_-{'~ G M1 i;yi`e3IC'aiej Szl. ".3 J G i~ L N \~ ~ ~1 L ~l~ or C: alts ns Rerie«• : Fn7r `h*.nk ~1'Da~itte ~1i2 Cnl~:se.DtsciclLati.~s~TSta~ezE~~e~ ~sce, to ontacs ~; -'Fuse T,~ of ~NI_ ~~al,iaeo-:rB~6~dat DHEInrrmr~a¢~~• ~ ~'; i. t, ti~E.. -ras a: Cal: 9 `~~ :a aLe' L~L¢aG5 t.._i71t[ i-a:a:. :is=_:~a:lC? C,y--PEr I.:LrfL,i A:CaL I_ 3J~a C*I c{0'JGatt PS?cl<r1aII. Yd1C.[f2 t9 send a _aF:• to e,a ~L~ - a1:h~ 1? ~s of wane~:• ems. aea~ cs}}~ ~>a k ta. d=ai!'_iga:lae a fines fa ~a> gtt+}pct ~~iCa?r' -Zul-.is~tca-~•.~3gs;.~a~;o-;a]aa~~i~ttic;Loa] ~~.::sr~ce 3i Cr:_ua1-Lotnt s_er~t. fi:za LPP 04-u F'Ag4 IC-~~a \larcll .^, .Oq9 TO BE INCLUDED IN BID PACKAGE BP 22 of 31 CITY OF SANTA ANA • Exhibi3l~-G2 Locat.~ssiatauce Pr~~redures ~Lanual Local ~enc~- Bidder DBE Infnrrnation (C:onstrucdon Conh~aets} P-SI'RL'CTIU\S - LQ]C'c1I. AGE`it_Y BIDDER -8E L'tiFORI~L•~TLQ {C.'C)~STRL'CTIaCl~i CC)'tiI'R~iC:TS) (Itet-ised tJ3.r09) SL?CC'ESSFIrL BIDI3ER; The fanu +e~~tute~ specitie infctntatianrPaardittg the canstructioa •:antract: A~eur;. Location. Project DeSeriptiaa Federal ~.id FYoject Ntuuber (assigned bt= Caltrarts-Local Assistaneej. Total Contract r~tuattnt, Bid Date. Bidder3l~uue. and Contract Gael. The fonts ha s a colttn:tt far the Contract Ltent Number ~ar Iteiu'vo's and Item of l~'orh and De scrip~otl or ~er.~ices to be 5nbcaniracted or T.~faterials to be pra~-ided b!,' DBEs. The DBE should prc~ride a certificadon ntuuber to the Contractor and exgiratic+n date. Tire DBE contractors Sltatlid nC+tif'z~ the Cotl~actar in t~•ntiu~ ttndt the date ;f the decerdficaian if their status sht;uid chamoe during the eou,~se of the eanuact. The forth ltas a coittrttu far :he tames cf DBE certified contractors zro Fe~fonu rile trark ~niust be certified an tyre da ~e bid3 are opened end utclutle DBE ~.ddiess and phone munber,;. Enter DBE prime and ~ttbcontractors czrtificatiun nttta~ber. Priu:e ca>1~actars shall indicate oli t4~ark to be getfotmed b~~ DBEs includiu¢ ~i•azk perfonued bs- its ~at~ n farces if a DBE_ II;IFC1ItTtiNT: Identifl.• all DBE firnt7 participating iv the p7olect--inchtdina ail FJDBEc listed ors the liDBE Co~witment furor (Esliibit 1~Gi 1?), regardless ofti;:. 1l antes of ~.he First Tier DBE 5tsbcantrtttit~ars and their re~:pecti~•e items{s) of ti~~ork hsred should be cort~isteat, zt~here applical~'e, ti~•ith the hornet attd item; of ~~•orb iti he "'Lts of SttL~oetzactcrs" _ttbrtaitted rtiRth ~~cur bid. There is a :chuvxt fos tlz> total LaBE dolor atu,:ttut. Suter the Total Glaiu:ed L?BF Paracigatioc~ dollars and percevta~e av+~dant of etevis of v,~ork yu6LUitted ~~•ita ~.•oiu bed. ptus~tavt ttz the Special P=a:-isiov~_ (If 1~~°~~ of itety is n,:t t.y Ge performed car fitruisiLed b;~ th4 I~BE. aescribe enact partiou cf tute to>.?e gerfornted or fiuuished ta`- the DBE.1 See Section Dtsad.-anta~ed ~usiue~s Enterprise i;DBE;i." o the 5pzcial Pro~dsieas fconytntcnoII covzacty;t: to detetis~ive ~ai~~ -o iotant tie l;a=:i~cepati~n ~f DBE feiu~s. E.~hibit 1 ~-~ -') ructst be si~IIed aad ~3ated vF• he successt"tti bidder. s~13o list a phone vvxvber ev the sg~ace prot-id~ti and pent the uan,~ of lie Ferou to cavtact_ Lard T~eneies _hcttiaccvrple=etlle CQntract Ati3<ird Da:e. Federal Share, ~'~ovtract ivd Pry,e-.:i~uauLer iiel:Is. and :~ertft• thra~ all iu?cnLatt~v is eonaplete urd accurate bafore sisven~ avd sevdivg a eepy~ of the fc•nv :u the Distrect Local ys=sts~~uce Evgiveer ~.c-idun 1: dae-s ~ contract esecvtton. Faihue:a subu:tt a ouv~pl~eteYd avd acctua:e fortu ~~•itbiv the ' ~-da~• titue period mar• restilt iu :he pie-tiLii.~a:ion of fiords ou this projetit. District 1~$E t:aorcliuator should ~~ertfi• that all ivfenuateon is co~glete and accurate. C)nee the itifarviati~uhasbeen 4erified_ die Distt'ict Local Assistance Engineer sievs and dates the farv~.. • Pale 1~-3'.b \Iarrh ?~, ?Or19 LFP 09-ss TO BE INCLUDED IN BID PACKAGE BP 23 of 31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 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. - - ~--~ _. .. ~_ ~~ BI s Signature ~DcR-1~1 C-~~1,C,{-~~E~v~ ~1..~~~~z ~-AV 1 I~G C~'M~-~t~~la I N~ . Firm C-~' 2J~-P . ~`lV Date • ~ Standard Form LLL may be obtained from Caltrans and FHWA offices. TO BE INCLUDED IN BID PACKAGE BP 24 of 31 CITY OF SANTA ANA • PROPOSAL NO. 10-7504 PROPOSAL AND CONTRACT AGREEMENT DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1. Type of Federal Action 2. Status of Federal Action 3. Report Type: ^ a. Contract ^ a. Bid/offer/application ^ a. initial b. Grant h. initial award b. material change c. Corporate Agreement c, post-award d. Ban For Material Change only: e. Loan Guarantee Year quarter f. Loan Insurance date of last re rt 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ^ Prime ^ Subwardee Tier , If known Con essional District, i known Con essional District, i known 6. Federal Department/Agency: 7. Federal Program Name/Description CFDA Number, If a licable 8. Federal Action Number, f known 9. Award Amount, if known . a. Name and Address of Lobbying Entity h. Individual Performing Services (including aklressifdi~ererrtfromNo. (~nrdit~adre~ kutr~nG fug Ml) I ~i) (kcstncm~e,. firstnan~ M/) (attach Continuation Sheet(s) if necess ) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ ^ Actual ^ Planned ^ a. retainer ^ b. one-time fee 12. Form of Payment (check all that apply): ^ c. commission ^ a. cash ^ d. contingent fee ^ b. in-kind; specify: nature ^ e. deferred value ^ f. other, s i 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employees}, or member(s) contacted, for Payment indicated in item 11: ~~ ~ ~~~ ~~ ~ /~ - ~" (attach Continuation Sheets ) i necessa ) I5. Continuation Sheet(s) attached: ^ Yes ^ No ,~~'" 16. Infom~anon requested through this form is au~tarized by Title 3l USC Se~ion _~ _~=~j ~~ 1352. This discbsure oflobbying activities is a material repn~entation of fact upon W ~ T~y Signature ~ :~-~ which reliance was placed by the tier above when the t-arisaction was made or entered ~~~' ~ G~ ~ ~~~ `~~ into. This disck~ is required pursuant to 31 U.S.C.1352. This infomration will be Print Name reported totheCongresssemi-annually and will be available forpublic inspection. '.,--~,.-,, t-~-- 1~ I ~- Ti l Any person who fails to file the required disckrsure shall be subject to acivil penalty of t e not less than $]0>000 and not more than $]00,000foreachcuch failure. 1' Tele hone No.1 ~~.rJSI.P. ~~-~~`i' Date ~4.2(~ • ~ ~ Use Only: Authorized for Local Reproduction Standa~z3 Fom~ - LLL TO BE INCLUDED IN BID PACKAGE BP 25 of 31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING REQUIlZED 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 tl~e. ,c~ provisic~s of this project. ,,-~ _''" ~-; Signed _, f.-~1~~-_____nv~_~ ~~~~ ~~LG~i~i~~~ Title ~~~JO ~~~ Firm ~~~ ~~~{ ~ ~~ ~~~{~~~ , ~ ~C Date ~-. Z~.p .1 lJ • • TO BE INCLUDED IN BID PACKAGE BP 26 of 31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 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 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 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 an ~ close accordingly. ,~- 1 ~ y'~a_ r BIDDER Signature N ~II.C-4-IRlESE" Firm Date *Standard Fonn LLL may be obtained frorn'Caltrans or FHWA offices. • TO BE INCLUDED IN BID PACKAGE BP 27 of 31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 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 ~~ 0 Firm `~- U ~3~ ~-l~~,a' I ~1 L (~~'(~f1~1~~ ~ ~ ~ L Date ~-~-. ~Z~.P- l `t~ • TO BE INCLUDED IN BID PACKAGE BP 28 of 31 CITY OF SANTA ANA PROPOSAL NO. 10-7504 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 1 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. /'~~ 1 Signed ~~/ -- ~Ct~RI ~~ Title ~ ~`~ 11~1c1~~ Firm (` .~ l~ 1 P ~ ~~y I N G-i (' 0'c~~~`I ~ 1 N ~ . Date ~ .~l.P -1 D TO BE INCLUDED IN BID PACKAGE BP 29 of 31 CITY OF SANTA ANA • PROPOSAL NO. 10-7504 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 • PROPOSAL NO. 10-7504 PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 1.0232, 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 ~,'°.`~-- .___ ~~ ~~ j%~-r`~ y~,_ - ~-a~ I fV ~ ~ ~~~~ ~ ~E Title ~~j ~ ~~ ~~T- Firm C ~ ~ ~ ~-~~ ~ ~~ C~~~~ ~ ~ N C , Date ~-~ .2.~..p . ~ ~ • TO BE INCLUDED IN BID PACKAGE BP 31 of 31 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Caliber Pavinst Company, Inc as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Santa Ana as obligee, hereinafter called the Obligee, in the sum of Ten Percent 10%) of the Amount Bid by Principal 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 Adams Park Basketball Court Renovation. Removal/Replacement of existing asphalt. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 23rd day of April, 2010. Caliber Paving Company, Inc (Principal) ~,~_ s._ ~~_ TITLE: ;R~~ ,'~,~a.i'-~-j1>,'i~~~._ ~ ~~~::~~-~~`~t~ SureTec Insurance Company BY: C ' James E ut nn, Attorney-in- act Bid Bond Uncapped Rev 1.1.06 POA #: 510083 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Atl tVlen by Ttrese Presents, That SURETEC INSURANCE COMPANY (the "Company"}, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Donald L. Wood, James E. Gutmann, Kevin S. Bogart, Scott M. Milne its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execttte, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fart may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and atl notices and documents canceling or terminating the Company's liability thereunder, and any such instrurrtents so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed. by the President and seated and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certifcate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with. respect to any bond or undertaking to which it is attached. {Adopted at a meeting held on 2dh of Aprrl, 7999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. ,,,~r.,~~~'.,,, SURETEC INS CE COMPANY ~•` ~ ~ ~ -~ ; c ,tl i l"' }^~"' ' i D ' ` B.J. I{I resident State of Texas ss: ~LZ :~_._ L1^'1\ `~ ' County of Harris ~*~`.,, ~'' ~•. ~ ~, «` On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Director of said Company; and that he signed his name thereto by like order. MI~helle Denny . ~ PubAo State of Texas ~ Q ' a~•• k,m+.c srr. sots 1y+~1 ~.~/1 ~, ~° VItM~ Michelle Denny, Notary P tlc NIy commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in foil force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston., Texas this 23rd day of A r 1 1 , 20 10 , A.D. M. Brent Beaty, Assis ant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. Por verification of Yee authority of this power you may tali (713) 812-0800 any business day between B:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ r2~ ~ff r~1/ Rte, (~ On 23 201 V before me, ~) 1 t ~~ t~ ~'er ~ I~~ t'I/I Date Here Insert Name and Title of the O cer personally appeared mf;, 'I to ~~ ~'1 ~~ Name( of Sign ( ) who proved to me on the basis of satisfactory evidence to be the personl~ whose name(!') is/~e subscribed to the within instrument and acknowledged to me that he/S!(e/tA~ey executed the same in ,yM~ /ytp~ fA1Q~ his/ /tl~yl~ir authorized capacity(i~, and that by Col~nmlrlon i 1N71M his//tl~ir signature(~1c) on the instrument the ~~ ~~ - ~~~ personQ~), or the entity upon behalf of which the ~~ «~ person(9d 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 Place Notary Seal and/or Stamp Above e~ Signature of Notary~'ublic OPTIONAL ' Though the information below is not required by taw, 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: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer -Title(s): ^ Individual • L Partner - C Limited ^ General rop of mumb Here C Attorney in Fact C Trustee C Guardian or Conservator Other: Signer Is Representing -_ i C Corporate Officer -Title(s): Individual • ^ Partner - ^ Limited ^ General rop of thumb Here ^ Attorney in Fact is -Trustee C Guardian or Conservator ~'~ Other: Signer Is Representing _ =1 ~ U 2uUa National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item ik5907 Reorder: Call Toll-Free 1-800-876-6827 ~} CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of i/~;~~~v'~~ On /~'~~~~~- ~ ''~~°` before me, ~~ D~,'~~ ~'~~~~~'~-I ~ / ! ~ ~ ~U~~-=i' `~ , ' (Here insert name ahd title of the officer) personally appeared -~~`Yi~~A~' ,=~ 11,~H .~I ~~~ ---- , who proved to me on the basis of satisfactory evidence to be the person) whose names) is/ark subscribed to the within instrument and acknowledged to me that he/sj~/try executed the same in his/J~r/their authorized capacity(3es~, and that by his/bi~r/tl~e'ir signature~~ on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I - ~,;~.I ~./~"!fl,i~ ~ ,LF~ ~L'b; ~'L -~'^'., (Notary Seal) Signature of Notary Public 10NYA MADRIGAL CuIM1~=bn #~ 1841117 140bry Pubik - Celiforr~l Orange County Comm. Ex ire: A r 18, 2013 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ~r~l ~~ (Title or description of attached document) ~l`1"`'' G r S l~l'~JT1~ ICJ ~. Title or description of attached document continued) / Number of Pages i? Document Date ~ ~j~i G (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i. e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 1+e/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CAPACITY CLAIMED BY THE SIGNER ^ Individual (s) ® Corporate Officer ~~'~.i/5 d b~A.~7~~-~~L I C~JZ ~~~ / ~/~.~ (Title) COME ~/1~ ~ ~, //v C, ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com ~ti- M ¢ ~ 7 .. ~~ '~x< X W U ~'z¢ ~~¢ ~ U Q v>>F x J Q o ~ N ~ ~ ~ ~ Q ~ ~ ~ U O j rrTT~ !~1 ~ j ~ ~ W¢ J C O ~ ~ ~ F Q O ~ F z 7 ~ z~o~ 'w ~"'~ E"~ ~ ~>o ~ a ~ w ~ Z c : ~ W w w ia ~ ~ ? o W> Z ~. ma z _~ a ~ ~ ~ N O U ti o°-~ ~ ~ ;~ ~ o ~, Z w ~ ~ :~ ' ~nQ V a