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RPVCCA_CC_SR_2014_12_16_F_Award_Contract_Accessibility_Transition_PlanCity of RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: HONORABLE MAYOR AND CITY COUNCIL MEMBERS MICHAEL THRONE, P.E., DIRECTOR OF PUBLIC WORKS li-0 DECEMBER 16, 2014 SUBJECT: AWARD OF CONTRACT FOR THE ACCESSIBILITY TRANSITION PLAN IMPLEMENTATION PHASE 1-A (SUPPORTS 2014 CITY COUNCIL GOAL, INFRASTRUCTURE) REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGER~ Staff Coordinator: Lucho Rodriguez, Associate Engineer ~ RECOMMENDATIONS: 1. Approve Plans and Specifications for the Accessibility Transition Plan Implementation Phase I-A project. 2. Award a construction contract for the Accessibility Transition Plan Implementation Phase I-A project to DASH Construction Company, Inc. in the amount not to exceed $94,400 and authorize staff to spend an additional 10% contingency in the amount of $9,440 for unforeseen conditions for a total authorization of $103,840. 3. Authorize the Mayor and City Clerk to execute the construction contract with DASH Construction Company, Inc. F-1 BACKGROUND To comply with the Americans with Disabilities Act (ADA) requirements, the City Council adopted the Citywide Accessibility Self Evaluation Report on June 4, 2013, which identified physical barriers restricting access by persons with disabilities to the programs, activities, and services offered by the City, and a Transition Plan (TP) to schedule and fund implementation of corrective work to achieve ADA compliance. Capital improvements projects typically include ADA compliance elements when applicable. Some of the ADA projects completed during the last several years include: City Hall Parking Lot ADA Compliance, Hesse Park Restroom ADA Compliance, Hesse Park Playground ADA Compliance, Community Development Department Restrooms Improvements and ADA Compliance, Eastview Park Playground and ADA Compliance, Ryan Park Restrooms and ADA Compliance, Abalone Cove Restrooms and Parking Lot Improvements, and Cable TV Building Restroom ADA Compliance. Additionally, the City's Arterial Roadway Rehabilitation and the Residential Streets Rehabilitation Programs include ADA compliance elements (such as curb ramps and audible pedestrian signals) in their scope of work. On October 15, 2013, the City Council Awarded a contract to Creative Design Associates, Inc. (CDS) to provide plans, specifications and cost estimate for City of Rancho Palos Verdes Accessibility Transition Plan (TP) Implementation Phase I. The Accessibility (TP) Implementation Phase I-A project focuses on items identified as "Potential Safety Hazard" and "Severe I Complete Barrier to Access" at the Ladera Linda Community Center, Robert E. Ryan Park and Point Vicente Interpretive Center. The accessibility improvements to Hesse Park, which include accessible parking and pathway to the building (work that is not related to the parking lot project), will be accomplished in the near future as a separate project (Phase 1-B). Scope of Work Phase I-A At the Ladera Linda Community Center, the improvements consist of installing or replacing concrete ramps for access at the playgrounds, and adding an accessible playground platform to the playground equipment and a rubber play surface at the playground. At Ryan Park the improvements include railing and guard rails at ramps and walkways where needed and adding a concrete walk and landing for access to the classroom. At the Point Vicente Interpretive Center, the improvements include installing ADA compliant automatic door openers at meeting rooms, adding wheelchair accommodations at exterior seating areas, adding detectable warning surfaces at curb ramps and re-striping the crosswalk to the parking lot. F-2 DISCUSSION The project was advertised and sealed bids were received and opened at 11 :00 a.m. on November 25, 2014. Five construction firms submitted bids for the project. DASH Construction Company, Inc, was determined to be the lowest responsive bidder with a bid in the amount of $94,400. The bids received ranged from 31.6% below the engineer's estimate to 48.8 % above the engineer's estimate. As shown on the following table summarizes the bids received: Accessibility Transition Plan Implementation Project Bid Opening Results November 25, 2014 Bidder Bid DASH Construction Company, Inc. $94,400 Torres Construction Corp . $98,800 Engineer's Estimate $130,000 El Camino Construction and Engineering $138,050 MG Enterprises $166,000 Gamma Builders $193 ,389 Staff has checked the references of DASH Construction Company, Inc. and found that they have performed satisfactorily on their previous jobs. They possess the required current Contractors' Class B license. ALTERNATIVE An alternative to awarding the construction contract tonight is to reject all construction bids and re-bid the project. Staff does not recommend this alternative because it may delay the schedule by three months, and re-bidding the project may not necessarily result in lower bids. CONCLUSION Awarding of this contract will implement Phase I-A of the Transition Plan as a direct ADA compliance project. Public Works will continue to use the opportunity presented in other capital improvement projects to increase accessibility for all users . F-3 FISCAL IMPACT The total cost of the project including engineering and construction is $144,320 as shown on the following table. A budget of $400,000 was appropriated in the FY13-14 CIP for completion of the Accessibility Transition Plan Phase I (account number 330- 3036-461-73-00). Accessibility Implementation Phase I-A Budget Table REVENUES FY 13-14 Appropriations Accessibility Transition Plan Implementation Phase I $400,000 EXPENDITURES Preliminary Engineering $42,664 PHASE I-A Design Services $40,480 Construction Contract (DASH) $94,400 Const. contingency (10%) $9,440 TOTAL PHASE I-A $144,320 Funds Available for Phase 1-B $213,016 TOTAL EXPENDITURES $400,000 Attachments: Construction Contract with DASH Construction Company, Inc. F-4 CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT THIS AGREEMENT ("Agreement") is made and entered this __ day of 2014, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and DASH CONSTRUCTION COMPANY, INC. ("Contractor"). Contractor's license number is 869505. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as ACCESSIBILITY TRANSITION PLAN IMPLEMENTATION -PHASE I-A ("Project"), as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions, appendices and all addenda as prepared prior to the date of bid opening setting forth any alterations or interpretations of any said documents), which are incorporated herein by this reference as Exhibit "A," including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. I:. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Time. Time is of the essence in this Agreement. 4. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of NINETY FOUR THOUSAND FOUR HUNDRED dollars ($94,400.) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "B" and incorporated herein by this reference. 2,. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. c -1 F-5 6. Substitute Security. a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. b. Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this Section. c. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d), which is incorporated herein by this reference. e. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference. 7. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit "B ." 8. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 9. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice . In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination as determined by the City, and such payment shall be in full satisfaction of all services rendered hereunder. C-2 F-6 10. Indemnity. a) Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "lndemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising out of the Agreement, including without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against lndemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against lndemnitees in any such Claim. Contractor shall reimburse lndemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or lndemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. b) Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. c) Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass lndemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). d) Non-waiver of Rights. lndemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by lndemnitees and shall operate to fully indemnify lndemnitees against any such negligence. e) Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the lndemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by lndemnitees. f) Survival. The provisions of this Section 13 shall survive the termination of this Agreement and are in addition to any other rights or remedies that lndemnitees may have under the law. Payment is not required as a condition precedent to an lndemnitee's right to recover under this C-3 F-7 indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the lndemnitee's right to recover under this indemnity provision. 11, Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 12. Antitrust Claims . In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 13. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work, the City shall issue a change order. 14. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 15. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 16. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or C-4 F-8 employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 17. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 18. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under~ take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 19. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 20. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 21. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. Before acceptance of the Project, Contractor shall submit a warranty bond that is valid for one (1) year from acceptance, in the amount of one hundred percent (100%) of the contract price; in lieu of the warranty Bond, Contractor may submit proof from the surety that the performance bond has been extended for the extra year. The required forms entitled Payment Bond (Labor and Materials), Performance Bond, and Warranty Bond are attached hereto and incorporated herein by this reference. 22. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. C-5 F-9 23. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 24. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 25. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 26. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 27. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 28. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 29. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 30. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 31. Non-waiver of Terms. Rights and Remedies . Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. C-6 F-10 32. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or {b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Michael Throne, P.E., Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit "B." 33. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 34. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [signatures on next page] C-7 F-11 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS VERDES By: ____________ _ Mayor ATIEST: APPROVED AS TO FORM : By: _____________ _ By: ____________ _ City Clerk City Attorney Dated : _________ _ ("CONTRACTOR") By : __________ _ Printed Name: _______ _ Title: __________ _ By: __________ _ Printed Name: -------- Title: ----------- C-8 F-12 CHECKLIST FOR BIDDERS The following information is required of all Bidders at the time of the bid: u .. / Signed Proposal <V Completed Bid Sheets _L Completed Information Required of Bidders Form /,Executed Statement Acknowledging Penal and Civil Penalties Concerning the Contractor's Licensing Law v Completed Designation of Subcontractors Form v/ Completed and signed Contractors Industrial Safety Record L Completed, signed and notarized Bid Security t/ Signed and notarized Non Collusion Declaration _()___ Addenda F-13 PROPOSAL CITY OF RANCHO PALOS VERDES ACCESSIBILITY TRANSITION PLAN IMPLEMENTATION -PHASE I-A TO THE DIRECTOR OF PUBLIC WORKS CITY OF RANCHO PALOS VERDES The undersigned, as bidder, declares that : (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished . Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal isIB ,'A 6ond (Insert)"$ ----"cash," "Cashier's Check," "certified check," or "Bid Bond," as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordance with an act providing for the registration of contract0 rs, California Contractor's License No. BGi 'f;eJ;).Class/ik Expiration Date '& / o f / 2..o~ C8'-ClJlC.33 -' Signature(s) of bidder: ~3 "' -=-...... _ If an individual, so state . 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, also names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. P-1 F-14 Legal Business Name :...J:> A,s \\ Ce 1r J yi. ~".::, I') ~ M"f° GI T:J 1 \I\ C Address: ~o &A(. z-b / $ 2(;_ t F h c;; k\;@ 1 CA l\I ~ 2. b Telephone : ( :8 ( 8) {-?? C> -7 .)-'f -=f= Conta ct: ~a t-<'u Sh S ha....hY\a,\'t--a.:C· Proposals which do not show the number and date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will be rejected. To be submitted with each bid to contract for City of Rancho Palos Verdes . Bid Date lt (2 ~ / 2 0 ( 'f P-2 F-15 CITY OF RANCHO PALOS VERDES BID SHEET ACCESSIBILITY TRANSITION PLAN IMPLEMENTATION -PHASE I-A NAMEOFCOMPANv.J::::>ASVi,c::ovdnu: t·QV) ~€10 I ll'\c. To the Honorable Mayor and Members of the City Council : In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment, supplies and incidentals for the project identified as ACCESSIBILITY TRANSITION PLAN IMPLEMENTATION -PHASE I-A in accordance with the specifications and plans for demolition, construction and installation in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL COMPONENTS STIPULATED ON PLANS AND WITHIN THE BID DOCUMENTS AND NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS. SURVEY, GRADING, AND BMPS SHALL BE CONSIDERED INCLUDED IN THE INDIVIDUAL BID ITEMS. NO ADDITIONAL PAYMENTS WILL BE MADE. BID SCHEDULE ITEM DESCRIPTION UNIT OF Quantity UNIT COST $ EXTENDED COST $ MEASURE 1 MOBILIZATION LS 1 N/A $ -oc. O<Joo -., . 2 PLAYGROUND LS 1 N/A $ cu STRUCTURE (Rubber play b 1 <:::> oO, - surface, platform, etc.) 3 CAST-IN-PLACE LS 1 N/A $ CJ(, CONCRETE (Ramps, Slabs, 2o<o oo :--- Footings, etc.) 4 RAILING -HANDRAILS) LS 1 N/A $ I e:,, Ou (Ladera Linda, Ryan Park, -coo. Point Vicente) 5 GUARD RAIL (with guard LS 1 N/A $ c:>c. ' (,,, f 5 6'0 ~ rail screen -Ryan Park) - - 6 BENCHES LS 1 N/A $ ot. 5 000 --l \ 7 CHAIN-LINK FENCE (Gate, LS 1 N/A $ ov etc.) 5toou.- P-3 F-16 8 WARNING DTECTABLE LS 1 N/A $ t)U DOMES (Concrete ramp s, 0 0 C>, - grooves, etc.) 9 ADA CROSSWALK LS 1 N/A $ ;.•v 2 , 2. 0 -STRIPING b. 10 SIGNAGE (All) LS 1 N/A $ '.,)" ~, o~o. -· 11 DOOR HARDWARE AND LS 1 N/A $ uu AUTOMATIC DOOR (2 , 000.-- OPENERS {Including electrical power) 12 ASPHALT PAVING LS 1 N/A $ oc:.. /co-· ' TOTAL BASE BID SCHEDULE IN NUMBERS: $ The contract shall be awarded to the lowest responsible bidder based on the TOT AL BASE BID P-4 F-17 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information : (Additional sheets may be attached if necessary .) This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture , corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities . (1) (2) (3) (4) (5) (6) (7) (8) Addr ess~ t!2. ~o 2c. ZG:, l.3 21 , En C, ·tt\ <? ~ cA Telephone : (, ~ { ~) C2 C?-JS-¥-± Type of firm -lnd iv idu I, Partnership, or Corporation : ~ Contractor's license number a nd class:** t?6'1S-os/ f+..,JS .C-8.-Cl.5-C.3.S List the names and addresses of all members of the firm or names and titles of all officers of the corporation: D a.J:1 ·~ k .$ k L) b ho ,, Q. 't-7 2 7 £, c "'er?').() J_ ~'<? -~/o 1 & v b11-n f , M .,-I fr' ~ ll" 1 5tJI .:5h0t b co~ .s ~\al hY\ ca \.ta 1:-; 1L"J E.a.\t C(J~A~. ;#/_oi1 r&.,.,,i.a~l 1 c.A (\/$"""ol Number of years experie nce as a contractor in construction work ~ List at least three similar projects completed as of recent date: Contract Amount Class of Work 11 ~ 'ff /2q .ooo. C -1..~ • # 69-'tk\b~I C-13 I b1f 11. 3 g 1. ·12 ~-.-:ff; {; J J 7T I Date Completed P-5 F-18 (9) List the name of the person who inspected the site of the proposed work for your firm: NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other information. **"Bidder shall be properly licensed at the time of bid submission or the bid shall be considered non-responsive and shall be rejected." P-6 F-19 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code 7028.15] [Public Contract Code 20103.S] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below : Business & Professions Code 7028.15 : (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter . (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now ' 20103.5) of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid . Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this P-7 F-20 chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5 : In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No .: 8 G 15<?.S- Class : ,AJ El C-8/C-13, c--33 j)j Expiration Date: 8 / 3 f/ 2 Q ( ¥ ..... ____ _ P-8 F-21 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104) List all subcontractors who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0 .5%} of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent {0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. The pri me contractor shall complete ALL information in the table below and shall submit it with the bid, at the time of the bid. Subcontractors Company Name SPC06-62 Owner Name/Names License Type ii ~y~ '~ lt~~k~kj l Q\a License ~ l ~ l\.:5 \ Address and Phone Percentage of Work b/c) c::> ··&A_ P-9 F-22 Record Last Five (5) Full Years: I -.: --r ·-\ fT. ~·.,; ~%· .. -:..r.. -,: ll • ~ .._.""; ~--V" • ~ .. J:i. ~'f"J -___ ;,. 1. No. of contracts 2. Total dollar amount of contracts (in thousands of$) *3. No. of fatalities *4. No. of lost workday cases *S. No. of lost workday cases involving permanent transfer to another job or termination of employment CONTRACTOR'S INDUSTRIAL SAFETY RECORD Year of Record 2ocl_ 20.]Q 201L :s ·~ ·3 q2~ t2J~ ~5{1~ 7 t/ • -. () n (') () CJ 0 L) 0 0 201? 20LJ Total Current Year r . II ,r ._Tl . .,. ~. .. · -"'." r'r 1:·_ z 2-13 t ~~s-i:r --2c,· o • 3 .. 1 r:::i,, , /;.] 8",~i_; / .. I :<o·' r---J •. ~ CJ ('') G 0 CJ 0 () c:J a 0 0 () The above information was compiled from the records that are available to me at this time, and I declare und lty of perjury that the information is true and accurate within the limitations of those records. 1>4-SH~n,A.uh·on ~a"J/ 11\C. Name of Bidder (print) Signature 12-7£a.dfCif:fr:,,_x.1&. ~(o} g.tqse>ft, f1, J3, C-t,C:-101 C3 ~ Address Contractor's Stte License# & Class ~tA,,J:;ei YlL eg q \sot c g "') 0 :z..o-7 s-/£-r- City Zip Code Telephone SPC06-62 P-10 F-23 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITIED WITH BID [Public Contract Code § 7106) State of Cali~ornia v.<1. <') _ J. County of ~~ ss . City of /g&1,_1.,4tj ...e (.p~ The undersigned declares : 1 am the ff.,,zs,·J.e \I\. (;-of i)4f.!{ 4w/YK<(fthe party making the foregoing bid . The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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 other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership , company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that is decl~ration is executed on \ v 2-'1 I (, <:?'-L \ {date], at tio.,. G. .. i,..-o [city], &-~ · (s t ate]. { ~--) Signature __ .-___________ _ Subscribed and sworn to before me on / ( -.)..Cj ~ ~ If£ {) l'""""SmDKciH1R~~o·1 loate) 'd.(;__:__. ' ) ... @" · ..... . COMM.#2047399 m , _ (Notary Seal) iii . ,,;· Notary Publlc-Ca~fomla fa Signature -· W ' . ~ LOS ANGELES COUNlY _. ~ J 0 04 ;, ;, .. Ml Zol"T}!Pi 8P]}}1% f Notary Public SPC06-62 P-13 F-24 Bond No. _N_/_A __ BID BONO KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palas Verdes (''.Public Agency"), has issued an invitation for bids for the work described as follows : ACCESSIBILITY TRANSITION PLAN IMPlEMENTATION -PHASE I-A WHEREAS Dash Construction Company, Inc . PO Box 261321, Encino, CA 91426 {Nome and address of Bidder) ("Principal"), desires to submit a bid to Public Agency for the work . WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid . NOW, THEREFORE, we, the undersigned Principal, and ----------------------- American Contractors Indemnity Company 601 S. Figueroa St., Suite 1600, Los Angeles , CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ________________________ _ Ten Percent of the Total Amount of the Bid in ------------------------------------------------------------------------------------------c-- Dollars{$ 1 O% ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain ln full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code 2845 . SPC06-62 P-ll F-25 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative{s) pursuant to authority of its governing body . Dated: November 25, 2014 "Principal" "Surety" Dash Construction Company, Inc. American Contractors Indemnity Company ... ··.:::: ;;;r== By : ____ ----------- Its Its (Seal} (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-! act must be attached. SPC06-62 P-12 F-26 CAUFORNIA ALlmPURPOSE ACKNOWLEDGMENT State of California County of Los Angeles personally appeared Elisabete Sa lazar Commission # 2056669 Notary Public · California ~ );> Los Angeles County ,- ~omm. Exp~ Feb 1. 2 OH~ ....,~ ,J .... Place N01ary Seal Above } Narnatsl of Signer ·s) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is/¢/fl subscribed to the within instrument and acknowledged to me that ff~/sheNU# executed the same in /rft/tlher!'ftAf/Vr authorized capacity(~.$). and that by 'f'lif;/her/tflf!ti/ signature(¢) on the instrument the person($), or the entity upon behalf of which the person(1i) 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. Signatur OPT/ONA --------------- Though the information below is not required by law. it may prove valuable to persons relying on tne 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 :-------------------Number of Pages:------ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:-------------- Individual L.: Corporate Officer -Title(s): " Partner -C Limited i : General ~ Attorney in Fact L_ Trustee ~J Guardian or Conservator r· Other : _________ _ Signer Is Representing : ___ _ :··' I To;i 01 Tll~mb c-«' Signer's Name : :::::' Individual -, Corporate Oiticer -Title(s): ---------- , i Partner -t.:: Limited D General '":"'. Attorney in Fact 'J Trustee :J Guardian or Conservator L:1 Other: ________________________________ _ Signer Is Representing: ____ _ t : • Top of 1hurnb here ~~~~,.,,,"q{;.-<¥~~7,)!J~-._~z,'-'"-::Z:~~:T;"C~~-*-.:7.,::;c...,~)~,.1Z-.-<,,.'C~'Y";l,)QZ.j"C,.;;.c;;,:.,.VX~~;.-:,,,,~~~-;;'('_~-::-.~~ .... Y_,~y"g.vvv.,..-...,""~C~ ©2007 Na!ional Nota)' Ass0c;3tior: • 9350 DE' Soto Ave P.0 Box 2402 •Ch~is1:10~th. CA 91313-2.102 • W\V'A' Na::o:1a1/\:otar.,..org llen 1 ~5907 F.eonJe~: C21i Toll-Free 1-eo0-8/"E-6827 F-27 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors lrtderrinit¥ Com~apy ,.~ G~Jifomia corporation, United States --__ Suret{o,Company, a Maryland corporation and U.S. Specialty lnsurlftjf_e Qc)mjiany·;~a,i:_J;~xas corporation (collectively, the : __ -:' "CotnJfuni~~;,), do by these presents make, constitute and appoint: ---- - ---. ---. - Pietro Micciche, Elisabete Salazar, or Patricia Zenizo its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power an(f __ ~uthp_rity · __ hereby conferred in its name, plac ~ and stci1;1d, to e#cute: a£knowledge and deliver any and all bonds, recogniza_i!ces;'ui(deTJ.1'td!\gS ,§ 01· other instruments or contracts of suretyship to' inCludc riders, amendments, and consents of surety, providing the bond penalty docs not exceed --o.e-7 *****Three Million***** Dollars ($ **J;OOO~OOD:OO*-* ). This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be ii Reso/v~d. that the President, any Vice-President. any Assistant Vice-Preside nt, any Secretary or any Assistant Secreta ry shall be and is he1eby vested with full powe r and aoth_ority to appoint any one or more suitable persons as Attorney(s)-in-Fact to repseserH_andaclJ'or-and 9n b ~l:lalfofthe Company subject to the following provision_~~ -~-----· ·-.. Allo rney-in'.Facl may be given full powe r and authority for and in the name of and on behali''Q Fihe C::ompany, t<)~xecute , acknowledge and deliver, any and all bonds , recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings·,' Including any and all consents for the release of retained pe1ccntages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or tenninating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be i i Resolved. that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to a ny power of attorney or any ccrt _i_flc_!lte re)_!!ting _;;, thereto by fac simile, and any power of attorney or c_crtificate bearing ra"ds·imile signature or facsimile seal shall be valid and binding upon the G()mpany'wfti{'[~s p'ect to ~-__ _ any bond or undertaking to which it is attaclie:d.;;; -. . . -. _ -~ · ---- --- JN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I 0th day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Cowora_te 'Sea!s _ D~=r-~ "d ame . gm ar, ice res1 cnt State of California County of Los Angeles SS: On 10th day of December, 2012, before me;Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar,Vice Pre siderit of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument th~ person(s), or the entity upon behalf of _,,which ,th (p er~on{~) acted, executed the instrwnent. ·· .c;. ,,,,..-_~" ~-=~oo -- 1 certi fY uil.Cler PENAL TY OF PERJURY under the Jaws of the State of (fajifomi_a that tl$e 16re going paragraph is true and correct. WITNESS mv hand and official seal. Signature (Seal) v. WlllOlff Commlnllln f 1991319 Nohry Pllbllc • Clltlorllll Ln ""l•ln County ,_...,..,...,,.;.M~Co~m~m~ .• E,..r1~1~0tc...,e•.2~0~~~._ I, Jeannie Lee, Assistant Secretary of Americru) Cpnfr_ac_tors Indemnity Company, United States Surety Compan~Ian(f tJ .•S. Sp-eoialty "" -r· --·.,q. -~ . -~ ,_ .... • Insurance Company, do hereby certify that ilie above and foregoing is a true and correct copy of a Power of Atto m y executed by- said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies -at Los-Ange les, California this d.:S -1~ day or Wve rn b ey 1t1& -. ~ ~ _ Corporate Seals Bond No. ,)J/fl Agency No . 3057 F-28