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HomeMy WebLinkAbout05.P- Public Works 5.P RESOLUTION (ID # 3701) DOC ID: 3701 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Robert Eisenbeisz M/CC Meeting Date: 02/17/2015 Prepared by: Robert Sepulveda, (909) 384-5140 Dept: Public Works Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to DVBE ASAP Inc. for Drainage Improvements for T' Street between Home Avenue and Evans Street, per Plan No. 12970 (SD09-002). (#3701) Current Business Registration Certificate: No Financial Impact: This proposed contract involves a Capital Improvement Program (CIP) project and corresponding account that was included in the adopted FY 2014/15 Budget under Fund 248 (Storm Drain Construction). The project includes: Account Budgeted Amount: $ 55,000.00 Account No. 248-160-5504-7835-0025 Account Description: Project No. SD09-002 "I" Street Drainage Improvements Balance as of 02/02/2015: $ 55,000.00 Balance after approval of this item: $ 10,000.00 Motion: Adopt the Resolution. Synopsis of Previous Council Action: 06/30/14 Resolution No. 2014-245 was approved, adopting the City's Final Budget Document for Fiscal Year 2014/15. Background: On June 30, 2014, the Mayor and Common Council approved Resolution No. 2014-245, adopting the City's final budget document for Fiscal Year 2014/15, which included the subject "I" Street Drainage Improvements. This project consists of installing curb with signs and striping for a drainage channel to address persistent flooding problems at this location. These improvements will help protect residences located along the west side of "I" Street between Home Avenue and Evans Street and it will help prevent debris from being deposited on the roadway surface. The project was advertised for bids on December 19th, 2014. Local advertising for project bids included the San Bernardino County Sun Newspaper, F. W. Dodge Company (Monrovia), High Desert Plan Room, Construction Bid Board, Inc., San Diego Daily Transcript, Bid America Electronic, iSgFt Plan Room, Reed Construction Data, Construction Bid Source (CBSI), Bid Ocean, Inc., and the City of San Bernardino Updated: 2/11/2015 by Georgeann "Gigi" Hanna A I Packet Pg. 239 s 5.P 3701 Chamber of Commerce. Information and electronic copies of the construction documents were also posted on the City's website. A total of five bids were received and are listed below: Table 1: NAME OF BIDDER CITY AMT. OF TOTAL BID DVBE ASAP INC. Moreno Valley, CA $ 33,650.00 Trinity Construction Blue Jay, CA $ 47,892.26 CAT Tracking Inc. Corona, CA $ 49,975.00 Sean Malek Temecula, CA $ 53,100.00 RG General Engineering Yucaipa, CA $ 70,318.00 Engineer's Estimate $ 44,450.00 After a complete review of the five sealed competitive bids and verification of mathematical calculations and certifications, staff has determined that DVBE ASAP Inc. is the apparent low bidder and has met the minimum requirements of the bid specifications and guidelines. Based on the above information, DVBE ASAP Inc.is the lowest responsible bidder and staff recommends that the contract be awarded to this company. The estimated project costs are as follows: Table 2: TOTAL COST Bid Amount $ 33,650.00 Contingencies (10%) $ 3,365.00 Design, Construction Management & Inspection $ 7,985.00 Total Estimated Construction Cost $ 45,000.00 Sufficient funds are available in Account No. 248-160-5504-7835-0025 "1 Street Drainage Improvements (SD09-002)" to cover the cost of this project. Staff recommends that the Mayor and Common Council award a contract for this work to DVBE ASAP Inc. of Moreno Valley. City Attorney Review: Supporting Documents: RESO Drainage Imp for I St SP12970 (DOC) Bid Opening Report & Bid Tabulation SP12970 (PDF) Bid Schedule I Street Drainage Improvements SP12970 (PDF) Updated: 2/11/2015 by Georgeann "Gigi" Hanna A Packet Pg. 240 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DVBE ASAP INC. FOR 3 DRAINAGE IMPROVEMENTS FOR "I" STREET BETWEEN HOME AVENUE AND EVANS STREET,PER PLAN NO. 12970 (SD09-002). 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 0 SECTION 1. DVBE ASAP Inc., 28840 Bay Avenue, Moreno Valley, California 92555 E 7 4) is the lowest responsible bidder for Drainage Improvements for "I" Street between Home E Avenue and Evans Street, per Plan No. 12970 (SD09-002). A contract is awarded accordingly a 9 to said bidder in a total amount of$33,650.00 with a contingency amount of$3,365.00,but such 10 11 contract shall be effective only upon being fully executed by both parties. All other bids, 0 U V E 12 therefore, are hereby rejected. The City Manager is hereby authorized and directed to execute 13 said contract on behalf of the City. A copy of the contract is on file in the office of the City 14 Clerk and incorporated herein by reference as though fully set forth at length. V- C 15 SECTION 2. This contract and any amendment or modifications thereto shall not take '2 A 16 effect or become operative until fully signed and executed by the parties and no party shall be 17 obligated hereunder until the time of such full execution. No oral agreements, amendments, Cn 18 modifications or waivers are intended or authorized and shall not be implied from any act or U) 19 0 course of conduct of any party. a 20 E SECTION 3. The authorization to execute this contract is rescinded if the parties to the 40) 21 22 contract fail to execute it within sixty(60) days of passage of this Resolution. 0 Cn LLJ 23 24 E 25 Paq,k'-et T5Pa 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT DVBE ASAP INC. FOR 2 DRAINAGE IMPROVEMENTS FOR"I"ASTREET BETWEEN HOME AVENUE AND o EVANS STREET, PER PLAN NO. 12970 (SD09-002). 3 0 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and d L 5 Common Council of the City of San Bernardino at a meeting thereof, held on the N 6 day of , 2015,by the following vote, to wit: o CL 7 Council Members: AYES NAYS ABSTAIN ABSENT E ai as 8 MARQUEZ 0 9 BARRIOS to VALDIVIA c 0 11 SHORETT �o 12 Q NICKEL 13 c JOHNSON 14 T MULVIHILL o 15 •0 0 16 0 17 Georgeann Hanna, City Clerk N V- 18 The foregoing resolution is hereby approved this day of , 2015. Cn Cn 19 0 4- CL 20 R. CAREY DAVIS,Mayor E City of San Bernardino M 21 Approved as to form: _ GARY D. 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Q° ¢ua �u� �Enz CL z a? z°n zm wu) u)nz a J d U N M V 4 O J N m N M V b D Fn LL '_'z r m iL -Z 4 t� BID SCHEDULE PLANS AND SPECIAL PROVISIONS NO. 12970 DRAINAGE IMPROVEMENTS FOR o "I"STREET o BETWEEN HOME AVENUE AND EVANS STREET o (SD 09-002) cn a� L ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL _ NO. QUANTITY UNIT IN FIGURES IN FIGURES o CJ CL I. 1 LS MOBILIZATION, at the Lump Sum LS $ } E m c� c M 2. 1 LS TRAFFIC CONTROL, atthe Lump Sam LS 0 w L PCC CURB,per CITY Standard Plan 200 TYPE A, w r O 3 1,170 LF MODIFIED per PLAN,INCLUDING REMOVAL,OF _ ~LF $ I L-�"____ U INTERFERRING PORTIONS OF EXISTING -a ROADWAY PAVEMENT 3 Q T ROADSIDE SIGN"NO STOPPING ANYTIME R26 c d. 26 EA (S)ON SINGLE POST PER CITY Standard PLAN $ I� l EA S._3 t 67 C'� 504 rn N T- a N ROADSIDE SIGN"OBJECT MARKER WITH 5 3 EA WI-6 ABOVE OMI-3"ON SINGLE POST per $ .Z a`J EA $ a) CITY Standard NO.504 0 L a 6. 3 EA ROADSIDE SIGN"OBJECT MARKER WITH E WI-7 ABOVE OMI-3"ON SINGLE POST per $. 2,nC? /EA 4 CITY Standard NO.504 ca c M L 0 w 4) d L r THERMOPLASTIC TRAFFIC STRIPING,4"W � N 7.(S) I LS SOLID WHITE RIGHT EDGE LINE per $_� LS $ S, m CALTRANS Standard Plan A 20B,DETAIL 27B INCLUDING PAINT CURB MARKINGS per a) DETAIL B,DRAWING NO.12970 s 0 rn 00 TOTAL BID $ '3 &7 ' , r w B-2 a Packet Pg 245 NOTE: Bids shall be submitted on the bid forms provided in the Bid and Contract Documents package. All bid forms shall be completed, signed, and sealed in accordance with these instructions and the instructions included with the individual bid forms. A bid that fails to include all bid forms will be N considered non-responsive. o 0 0 CITY reserves the right to award a Contract to the lowest responsible bidder for the GRAND TOTAL BID. The Bid Schedule shall be typed or clearly completed in ink. All spaces for unit prices, L item totals, and total bid shall be completed,in figures. All prices shall be in United States dollars. For a in Lump Sum item,the unit price shall match the item total price. - 0 The bidder shall make every effort to provide a legible and complete Bid Schedule. The bidder 6. shall verify that its Bid Schedule is free of mathematical errors. If a Bid Schedule is found to contain E minor errors or illegible entries,the bidder agrees that the CITY may,if deemed in the public interest, cure 0 the error or entry,using one of the following methods: _ L Q Method A. If the sum of the item totals does not equal the total bid, but all item totals correctly o indicate the products of the unit price and quantity, the CITY will consider the corrected sum of the item totals to be the Bidder's total bid. m r c 0 Method B. If the sum of the item totals equals the total bid, but the product of a unit price and a quantity does not equal the stated item total, the City will determine a correct unit price by dividing the item total by the item quantity. Q r The total bid price for the entire Contract work shall include the cost of labor, materials, M equipment, parts, implements, supplies, and all applicable sales taxes and fees necessary to complete the Project, as based on the City Engineer's estimate of quantities of work. N T If any person contemplates submission of a bid for the proposed contract and is in doubt as to the vai true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt 0 delivery by 5:00 p.m. of the 5th working day prior to the day of the proposed bid opening. c L Q Any interpretation or correction of the proposed documents shall be made only by addendum duly E issued and copy of such addendum will be faxed,mailed,or delivered to each person of record as receiving Q a set of such documents. The CITY will not be responsible for any other form of explanation or c interpretation of the proposed documents. o W Any situation not specifically provided for will be determined at the discretion of the City of San w Bernardino (CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work. The decision of the 3 CITY respecting the amount of a Bid, or the existence or treatment of an irregularity in a Bid, shall be final. BIDDER declares that this Bid is based upon careful examination of the work site,Bid and Contract 'm Documents. c m E s R w Q B-3 Packet Pg:246 5.P.c Codes: (S) Specialty Bid Item EA Each N 0 LS Lump Sum 9 LF Linear Feet o Y a� L (S)Specialty Bid Item—are bid items that are considered part of the total base bid but are not considered part of in the Contractor's obligation to perform at least fifty percent(34%)of the work as specified in Section 2-3.2, - "Additional Responsibility",of the Standard Specifications. o C. E a� L Q L O Y U fQ L Y _ O CD U L Q T M O ti O N T a N Y _ W E d O L Q E _ L 0 Y L Y N ID V/ M� W Y _ E B-4 0 Y Y a Packet Pg.247 BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced t within 10 working days from the date of the"Notice to Proceed", and shall be completed within 20 working days from the date of said notice,as directed in SECTION 4 of these Special Provisions.. o 0 The undersigned further agrees that in case of default in executing the contract, or furnishing necessary o bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Y Licensed in accordance with an act providing for the registration of Contractor, c 0 LICENSE EXPIRATION (i N0. °��` _ CLASSIFICATION: A r F DATE: 6 A, E 0 rn FIRM NAME: L BUSINESS ADDRESS: o BUSINESS PHONE:qQ 7-1� FAX: 16) CELL: Z v If an individual, so state. If a firm or co-partnership, list the names of all individuals or co-partners 3 composing the firm. If a corporation,list the names of the president,secretary,treasurer and manager thereof: ¢ T Is Bidder currently a certified DBE? Yes No U M Legal Status of Firm 0 ti _ o NAMES ADDRESS(ES) a '7 co c d d 0 L 0.C _E SIGNATURE OF IDDER: �� ---_._ Dated:,L _� 20 t L 0 V BIDDER'S ACKNOWLEDGEMENT OF ADDENDUMS: Cn ADDENDUM NO.1 DATE: s ADDENDUM NO.2 DATE: N m ADDENDUM NO.3 DATE: m E ADDENDUM NO.4 DATE: c� C-I Packet Pg.248':. SPECIAL NOTICE N The bidder's attention is directed to the section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed g subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the y Designation of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of one percent of the total bid or$10,000.00,whichever is greater. o The bidder shall provide the actual dollar "Sub-Contract Amount" as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform, with his own organization, except for "Specialty Items", contract work = amounting to at least 50% of the total. contract bid pr ice. Material required for any of the o contract work of this project that is purchased directly by the prime contractor is considered as o included in the prime contractor's 50% requirement. If material purchased directly by the prime contractor is to be used by a listed sub-contractor in performing contract work, the dollar r amount of such purchased material should not be included in the dollar amount listed for said ci sub-contractor. In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 0 working days after the time of the bid opening and send copies of the notice to the subcontractors involved. ° The following is in addition to Subsection 2-3.2, "Self Performance," of the Standard N Specifications: y If the Bid submitted by the Contractor fails to meet at least 50% of the amount of work required with its own forces, the Bid will be considered non-responsive and rejected with no d further consideration. If after execution of the Contract Agreement, the CITY discovers the c Contractor is performing work amounting to less than 50% of the Contracted amount, except for c "Specialty Items", the Contractor shall be notified that he or she is in violation of the Contract. The dollar amount of the portion found to be subcontracted by the Contractor, resulting in less than 50% of the amount of work required to be performed by the Contractor, shall be deducted o from payment to the Contractor. The deduction shall not exceed 50% of the contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the CITY n resulting from Contract Change Orders that increase subcontract items of work, d Subcontractors shall include provisions that the Contract between the CITY and the Contractor is part of the subcontract. Subcontracts shall also contain certification by the subcontractor that said subcontractor is experienced in, qualified to do, and knowledgeable °D r about, the subcontracted work. Copies of subcontracts shall be available to the Engineer at the 5 time any litigation against the CITY concerning the Project is filed. C-2 a Packet Pg.249' BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS -- SP 12970 In compliance with the provisions of Section 4100-4110 of the State of California Public Contract Code, and any o amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. N Name&Address Agency&No.of Bid Item No. L Under Which MBE/WBE CERT. Sub-Contractor's Sub-Contract Work to Be N Licensed (If Applicable) Phone-No. Amount Performed c O 1. CL . a L 0 2. eL:�Zza QuZMTF C U L 3. a $ T CD _ M r O ti N r 4. °- Cn N r.. C d E O L Q. 5. E $ a� �a c L Q) d L 6. (n $ Q� V Cn :M2 W w IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK s R C-3 a r Packet Pg. 250 5.P.c WORKERS' COMTENSATION INSURANCE CERTIFICATION N O O O I am aware of the provisions of Section 3700 of the Labor Code requiring N Y every employer to be insured against liability for workers' compensation N or to undertake self-insurance in accordance with provisions of that code, o 6. and I will comply with such provisions before commencing the E CD R C performance of the work of this contract. 0 L O Y V L Y Contractor: L NAME OF FIRM: t w t a T ! O O TITLE: a DATE: E 0 L a E ca c L 0 Y CD P L Y U) Q� CD 'V v! M Y E C-4 Y Y a Packet Pg.251 i (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on t.. will result in rejection of bid.) NON-COLLUSION AFFIDAVIT N To the Division of Public Works,Department of Development Services,City of San Bernardino,State of California: o 0 The undersigned in submitting a bid for performing the following work by contract,being duly sworn,deposes and says: d That he or she is of the party making the foregoing bid,that the bid is not made in the interest of, or on behalf of, N 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 o anyone else to put in a sham bid, or that anyone shall refrain from bidding; communication, or conference with c anyone 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 on anyone interested in the proposed contract;or take any 0 action in restraint of free competitive bidding in connection with such 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 o breakdown thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, c company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or 0 sham bid. _ 0 v b\Elf; . Firm Name 3 a Signature of Bidder 0 ti AN� I.A v uP�t.Y�A� �fLiFl�l' N Printed Name and Title i N N O L t' iJ�bt f ^; i E Business Address 0 1 a) _ Place of Residence r d Subscribed and sworn to before me this j ' 7P day of ; ?\NLA!! ,20 If N Signed CSr 3 c Notary Public in and for the County of State of California. m My Commission expires on m Year t �a r r a C-5 Packet Pg:252 S.P.c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. o -- o rn STATE OF CALIFORNIA 0 N County of Riverside _ m r V) On January 16, 2015_ before me, Janelle L.Tuominen , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal G O personally appeared Anselmo Ybarra a. Name(s)of Signer(s) _ #, d cc who proved to me on the basis of satisfactory evidence to = be the person(s) whose name(s) is/are subscribed to the o within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), o and that by his/her/their signature(s) on the instrument the S.atR L.TtJCA'si,.Ei° person(s), or the entity upon behalf of which the person(s) L acted, executed the instrument. pd�a*�010 27 `�m c U? 3"`rr�i;Mt F if.3 s11 huv+4Y"lir t� i 0 +, Fivar3arl.3Ua 5 - I certify under PENALTY OF PERJURY under the laws of U <r: wrt the State of California that the foregoing paragraph is true r �4w= and correct. ` ICU 3 Witness my hand and official seal. Q Signatur t o t` Place Notary Seal Above 4tg lure of Notary Puhlia M f r? G OPTIONAL N Though the information below is not required by law, it may prove valuable to persons relying on the document n and could prevent fraudulent removal and reattachment of the form to another document. N rn Description of Attached Document a Title or Type of Document: 0 L Document Date: Number of Pages: a y Signer(s) Other Than Named Above: ._ c Capacity(ies) Claimed by Signer(s) o Signer's Name: _ Signer's Name: L ❑ Individual ❑ Individual cn ❑ Corporate Officer—Title(s): ❑ Corporate Officer--Title(s): y ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact 7ftlrfflnb�here ❑ Attorney in Fact ••• m ❑ Trustee ❑ Trustee • v ❑ Guardian or Conservator Top ❑ Guardian or Conservator Top of thumb here 'a_ ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: E t - co .r Q Packet Pg.253 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the indersigned, DVBE ASAP, Inca as Principal,and Developers Surety and Indgmnay cDa pi ty� as Surety,are hereby and a firmly bound unto the City of San Bernardino State of California, hereinafter referred to as"Obligee"in the r° penal sum often percent 10"/0 of the total amount of the bid f the Principal submitted to the Obligee for the work d described below, for the payment of which sum we hereby joint and severally bind ourselves, our heirs, executors, h administrators,successors and assigns, y T'IfE CONDITION OF THIS OBLIGATION IS SUCI•, THAT: o CL WHEREAS, the Principal has submitted to Obligee,a certain Bid,aattached hereto and hereby made a part hereof to enter E into a contract in writing,for the Drainage lmnr noajS " " L t weeo HQme Avenue:_® ra and Evans Street L P Q (Copy here the exact title description of work,inchidlIg location as it appears on the proposal) .� V for which bids are to be opened on January 20, 2015 (Insert date of opening;l o U NOW, THEREFORE, r a, If said Bid shall be rejected,or in the alternate, Q b, If said Bid shall be accepted and the Principal sht ll execute a contract " in the Form of contract attached hereto(properly completed in accordance with said Bid) Q and shall firrnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, o as then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and r agreed that the liability of the Surety for any and all claims hereunder shall, in no event,exceed the penal amount of this vat obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no 4E) way impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety a does hereby waive notice of any such extension. Q- E Signed, this 16th day of�aiiu.ac!_._.—, 20�`i c IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. m m DVBE ASAP Inc. (SEAL) Developers Surety and Indemnitytri tpany ) ,Principal, Surety y9ifinature .ignarute co Anselmo Ybarra, President J.,andLe L—Ilaamine t-attorney-in-fact m Printed Name and Tide Printed Marne ana Title � E DOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompan"this form. C-c a Packet Pg.1 254 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 N O KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each o hereby make,constitute and appoint 0 ***Susan C.Monteon,Janelle L.Tuominen,jointly or severally**` to r d at as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as suretie&bonds,undertakings and contracts of surety ship giving and granting unto said Attorney(s)-in-Fact full ower and authority to do and to perform eve act necessary,requisite or proper to be done in connection therewith as each of N P 9 9 9 9 P �+ P every ry� q p P said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents. - are hereby ratified and confirmed. C This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY C AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. E 4) RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the r) corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute.on behalf of the M corporations,bonds.undertakings and contracts of suretyship:and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: p` RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such O Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking V or contract of suretyship to which it is attached. M_ r IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by C their respective officers and attested by their respective Secretary or Assistant Secretary this November 21.2013. Q 4y. - — _ ;, t� AND/* PANyO 3 Daniel Young,Senior Vice-President � Q G�POORp gqL Q .� r 01Ct _ OCT.5 O ti By O'i. 1 936 r U1 1967 = .M. Mark J Lansdon,Vice-President .. .,• F O ti State of California ••`''•t.•,,,..........f N County of Orange r a On November 212013 before me, Antonio Alvarado.Notary Public Date Here Insert Name and Title of the Officer C personally appeared Daniel Young and Mark J.Lansdon Name(s)of Signer(s) O L who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to CL the within instrument and acknowledged to me that helsheithey executed the same in hisfherttheir authorized E -..- - capacily(ies),and that by hisiheritheir signature(s)on the instrument the person(s),or the entity upon behalf of � ANTONIO ALVARADO which the person(s)acted,executed the instrument, tu o, 2033W t certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is NOTARY i UIXIC CAt3FQRNtA � ORANGE COUNTY true and correct INy oanlrn sxpk as Atg D,2417 m WITNESS my hand and official seal. Y Cl) Place Notary Seal Above Signature Antonio Alvarado,Notary Public d CERTIFICATE d The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA.does hereby V certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of to said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. m This Certificate is executed in the City of Irvine,California,this 16th day of January 2015 C By: Cassie J Berrisfor , ssistant Secretary V r ID-1380(Rev.11'13) Q Packet Pg.255 5.P.c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. c _ o STATE OF CALIFORNIA o rn County of Riverside m r N On January 16,2015 before me, Susan C. Monteon Notary Public, Date Insert Name of Notary exactly as it appears on the official seal _ O personally appeared Janelle L.Tuominen Q. Nanne(s)of Signer(s) E _. d 0 who proved to me on the basis of satisfactory evidence to = be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they o executed the same in his/her/their authorized capacity(ies), o and that by his/her/their signature(s) on the instrument the 4 person(s), or the entity upon behalf of which the person(s) c f , StlFr3C,t " COi� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of U ,./ the State of California that the foregoing paragraph is true -a ;t? ,'°` ?=i,Omn L--p, MY 13.W17 and correct. Witness my ha d and official seal. Q Signature _` A e C) Place Notary Seal Above Signature of Notary Public M O OPTIONAL N Though the information below is not required by law, it may prove valuable to persons relying on the document a. and could prevent fraudulent removal and reattachment of the form to another document. rn N Description of Attached Document = m E Title or Type of Document > 0 Document Date: ____, Number of Pages: Q' E ai Signer(s) Other Than Named Above. c Capacity(ies)Claimed by Signer(s) a� Signer's Name: Signer's Name: m ❑ Individual ❑ Individual (nn ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): y ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact RIGHT TKIMBPRAT ❑ Attorney in Fact RIGHT '" I ❑ Trustee OF SIGNER ❑ Trustee OF [_1 Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here o ❑ Other: ❑ Other: 00 c rD Signer is Representing: Signer is Representing: E v to Y W Q Packet Pg.256 5.P.c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. c 0 rn STATE OF CALIFORNIA to County of Riverside _ On January 16, 2015 before me, Susan C. Monteon Notary Public, Date Insert Name of Notary exactly as it appears on the official seal C O personally appeared Anselmo Ybarra --- CL Name(s)of Signer(s) E O R who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they o executed the same in his/her/their authorized capacity(ies), o and that by his/her/their signature(s) on the instrument the w person(s), or the entity upon behalf of which the person(s) c fit°° C tACNfN acted, executed the instrument. I certify nder PENALTY OF PERJURY under the laws of �j OU GrfltGt7 the State of California that the foregoing paragraph is true 31 r v L and correct. � Witness my ha d and official seal. a Signature Place Notary Seal Above Signature of Notary Public M OPTIONAL N Though the information below is not required by law, it may prove valuable to persons relying on the document a and could prevent fraudulent removal and reattachment of the form to another document. N N Description of Attached Document a� E Title or Type of Document:_ > O Document Date: ^ Number of Pages: Q- - E W Signer(s) Other Than Named Above: c Capacity(ies)Claimed by Signer(s) m Signer's Name: Signer's Name: _ m ❑ Individual ❑ Individual Cn ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): y ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact El Attorney in Fact RIGHT THUMBPRINT m RIGHT THUMBPRINT t ❑ Trustee OF SIGNER ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here a ❑ Other: ❑ Other: m Y Signer is Representing: Signer is Representing: E v ca Q Packet Pg. 257 BT DER'S FIRM NAME MBE/WBE INFORMATION - GOOD FAITH EFFORTS - PLAN NO. 12970 N The City of San Bernardino has established a Minority Business Enterprise(MBE)Goal of 15% and a Women Business o Enterprise (WBE) Goal of 5% for this project. The information provided herein shows that adequate good faith efforts o were made. N d A. The names and dates of each publication in which a request for MBE/WBE participation for this project in was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates ofAdvertisement o CL E �a c ca L L O 4- t V B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the v MBEs/WBEs were interested(please attach copies of solicitations,telephone records,fax confirmations, L etc.): 3 a Names of MBE/WBE Initial Solicitation Follow Up Methods Solicited Dates and Dates ° ti ti a va w c m E 0 L Q E 0) R C. The items of work which the bidder made available to MBE/WBE firms, including,where appropriate, E any breaking down of the contract work items(including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the L bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was in made available to MBE/WBE firms. m Items of Work Breakdown of Items s Lc�► �z. -y i 1v1C �ilts pit 2 m :o c m E ca a C-7 Packet 126.258' 5.P.c D. The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work(please attach copies of quotes from the firms involved): N O O Firms .Rejected o 0 CO Y a� L Y 0 C lC 0 �f6 L Firms Selected o Y 0 U L m Q T O ti M O ti O N T a E. Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or insurance, n and any technical assistance or information related to the plans,specifications and requirements for the work which was provided to MBE/WBEs: d 0 Na — C. E CD L 0 Y CD 0 L ,,Y^^ V/ ID d ♦�U/� V/ W Y E U r C-8 Q Packet Pg. 259 5.P.c F. Efforts made to assist i nterested MBENBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: N � O O O N N L a+ 0 Q E 0 O G. The names of agencies, organizations or groups contacted to provide assistance in contacting, c recruiting and using certified MBEs/WBE firms(please attach copies of requests to agencies or o organizations,and any responses received,i.e.,lists,Internet page download,etc.): L- 0 Name of Method/Date Results Agency/Organization of Contact of Contact 0 U L c� Q i T i M I I N r EL U) a� E H. Any additional data to support a demonstration of good faith efforts ( use additional sheets if o necessary): 0 tN cc L 0 W L ,W VI s U m C d E t U cC Q C-4 Packet Pg. 260 5.P.c '. BII))ER'S FIRM NAME N REFERENCES - PLAN NO. 12970 0 0 Cn r Date C The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has a performed similar work within the past two years: E L U L c �. v Q 0 2. L�.cyWL _ -'Y� f+ cry 0 a Cn a� E 0 L Q E 3. Y% L w a� s U U) m C d E t U Q Rl Packet Pg. 261