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Ayala Engineering; 2015-06-04; PWM15-72UTIL
PWM15-72UTIL CITY OF CARLSBAD MINOR PUBUC WORKS CONTRACT INSTALLATION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 180-13; CONTRACT NO. 5503 This agreement is made on the 4^^^ day of (yJ////y^ , 2015, by the City of Carisbad, California, a municipal corporation, (hereina^ef^ll§d'"City"J, and Ayala Engineering, a sole proprietorship, whose principal place of business is 845K^t. Meadowridge Street, Anaheim, CA 92808 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRiPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perfonn the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carisbad Ordinances goveming labor. GUARANTEE. Contractor guarantees all labor and materials fumished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jesse Castaneda (City Project Manager) WAGE RATES. The general prevailing rate of wages for each aaft or type of wori<er needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 ofthe Labor Code. Pursuant to Section 1773.2 ofthe Labor Code, a cun-ent copy ofthe applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all wori<ers employed by him or her in execution of the contract. FALSE CLAIMS. Contractor hereby agrees that any contract daim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that Califomia Govemment Code sections 12650 et seq., the False Claims Act, provides for dvil penalties where a person knowingly submits a false daim to a public entity. These provisions indude false daims made with deliberate ignorance of the false infonnation or in reckless disregard of the truth or falsity of the infonnation. The provisions of Carisbad Munidpal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. INSTALLATION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 18C-13; CONT. NO. 5503 Page 1 of 7 City Attomey Approved 2/7/13 PWM15-72UTIL Contractor hereby acknowledges that the filing of a false daim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds fbr the City of Carisbad to disqualify the Contractor or^bcontractor fjjpm partidpatinp in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, a Certification of Commerdal General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be fumished to the City prior to the start of woric. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of Califomia by the Insurance Commissioner. Commerdal General Liability Insurance of Injuries induding acddental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one acddent in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per acddent for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the perfonnance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner The above polides shall have non-cancellation dauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The polides shall name the City of Carisbad as an additional insured. INDEMNITY. The Contrador shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all daims, loss, damage, injury and liability of every kind, nature and desCTiption, diredly or indiredly arising from or in connedion with the perfonnance of the Contrad or work; or from any failure or alleged failure of Contrador to comply with any applicable law, rules or regulations induding those related to safety and health; and from any and all daims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indiredly from the nature of the work covered by the Contrad, except for loss or damage caused by the sole or active negligence or willful miscondud of the City. The expenses of defense indude all costs and expenses induding attomeys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contrador agrees and hereby stipulates that the proper venue and jurisdidion for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Wori<: Contractor agrees to start within 7 working days after receipt of Notice to Proceed. Completion: Contrador agrees to complete work within 90 working days after receipt of Notice to Proceed. INSTALLATION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 18C-13; CONT. NO. 5503 Page 2 of 7 City Attomey Approved 2/7/13 PWM15-72UTIL CONTRACTOR'S INFORMATION. AYALA ENGINEERING (name of Contrador) 959385 (Contractor's license number) A-3/31/15 8482 E. MEADOWRIDGE STREET (street address) ANAHEIM, CA 92808 (dty/state/zip) 714-823-7179 (license dass. and exp. date) (telephone no.) 714-912-4571 (fax no.) ricardo@avalaenqineering.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contrador each represent and wan-ant that they have the legal power, right and adual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR AYALA ENGINEERING, a sole proprietorship CITY OF CARLSBAD, a munidpal corporation of the State of Califomia By: (sign hen Ricardo Ayala / Owner - Sole Proprietor (print name/title) By: Patrick A .Thoma^^Public Worics Director as authorized by the City Manager (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contrador must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chainnan, President, or Vice-President Group B Seaetary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the seaetary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, Cit^torKiey BY: J(IAJ^ Assistant City Attome INSTALLATION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 18C-13; CONT. NO. 5503 Page 3 of 7 City Attomey Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing tliis certificate verifies only the identity of ttie individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Date personally appeared ) On />?it-s./ Vi Z^lS before me, I Dote Here Insert Name and Title of the Officer Name(s) of Signer(s) who prwedjome on the basis of satisfactory evidence to be thepersonj;^ whose nam^^sffj^re SubsoiBea to TFTe"within instrument and acknowjedge3To me that^fie«he/they executed the same in (higher/their authorized capacity(ieg)C and that by(fiipher/their signaturej^on the instrument the person^?/, Ssr the entity upon behalf of which the person^acted, executed the ifistrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I ,gS?Ea&v PHILIP STERBLING | -^TSSA COMM. #2075746 | f NOIARy miBUC - CAUFORNIA S ORANCE COUNTY •^Ji^y Comm. Expires July 25,2018 WITNESS my hand and official seal. Signature Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individuai • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 leck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 959385 IlSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity Is subject to public connplaint disclosure, a link for complaint disclosure will appear below. Clicl< on link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only constmction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms ofthe arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information AYALA ENGINEERING 8482 EAST MEADOWRIDGE STREET ANAHEIM, CA 92808 Business Phone Number:(714) 823-7179 Entity Sole Ownership Issue Date 03/29/2011 Expire Date 03/31/2017 License Status This license is current and active. All information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with WESCO INSURANCE COMPANY. iBond Number: 04WB016962 Bond Amount: $12,500 lEffective Date: 03/17/2013 Contractor's Bond History Workers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9004955 Effective Date: 02/08/2012 Expire Date: 02/08/2016 Workers'Compensation History ;ps://www2.cslb.ca.gov/OrilineServices/CheckLiceiiseII/LicenseDetaiLaspx?LicNum===959385 5/13/20 Public Work's Contractor Registration Search Page 1 of 1 Division of Labor Standards Enforcement Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1(commencing with section 1720) ofthe Califomia Labor Code. Enter at least one searcti criteria to display active registered public worts contractor(s) mate/wng your selections- Registration Number: Contractor Legal Name: Contractor License LOOI<UD License Number: 959385 [,5sa.rctL|^R^gt.J Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date AYALA ENGINEERING 1000005012 CSLB:959385 01/08/2015 06/30/2015 Export as; Excel | PDF ( oinrijjht ' • 2014 Stiite of ( iiliCortiia https://efiling.dir.ca.gov/PWCR/Search.action 5/13/2015 PWM15-72UTIL EXHIBIT A USTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the Califomia Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Oate %of Total Contract Total % Subcontracted: INSTALLATION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 18C-13; CONT. NO. 5503 Page 4 of 7 City Attomey Approved 2/7/13 PWM15-72UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Install two diversion gates fabricated from Type 304.304L or 316 stainless steel to stop inflow, and line existing shelve area with Ameron Arrowlock at manhole 18C-13 at comer of Cannon Road & El Camino Real. $29,870 Work to be performed in two mobilizations due to the lead time of 4-6 weeks to fabricate the slide gates. TOTAL* $29,870 'includes taxes, fee's, expenses and all other costs. See attached scope, gate specifications and location map. INSTALLATION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 18C-13; CONT. NO. 5503 Page 5 of 7 City Attomey Approved 2/7/13 EXHIBIT B SCOPE OF WORK AYAL A ENGINEERING UCENSE #959385 8482 E. Meadovrtidge St Anaheim CA. 92808 Phone (714) 823-7179 Fax (714) 912-4571 February 9,2015 Qty of Carisbad Attention: Jesse Casuneda Jes$e.Castanedaca.gov (760) 802-8200 Based on the site visit aad iaforaiation provided, piease see tlie foUowing proposal to install diversion gates, stop inflow, and line existing shelve area with Ameron Arrowlock. The work woald be performed m two mobiiizatimis due to the lead time of sBde ^tes bang fabricated. Project: Cannon Rd / £1 Camino Real Manhole Rehabiitation First Mobilization: T-Lock/ArrowLock Prep to Existing Sewer Manhole City of Carlsbad Business License City of Carlsbad Right of Way Permit Mobilization of all Labor and Equipment Confined Space Entry Procedure Perform Chemical Grout Injection to stop infiltration Removal of existing failed liner at bench Surface Preparation per Ameron Recommendations Rebuild Existing bench to tuiginal dimensions Field measure locations for installation of two diversion gates Second Mobilization: Diversion Gates and Arrowlock Installation Confined Space Entry Procedure Install Intemal By-pass to contro! flow direction Demo West channel to accommodate new gate Install new West channel gate to be operated at street level with 2" head Demo North channel to accommodate new gate Install new North channel gate to be opa^ted at street level with 2" head Patch ail areas where demo was performed Application of Ameron Arrowlock Lining System to bench and grade ring Welding of new liner to existing shafting Repairs to be performed by Ameron trained Installers Testing per Manufactures Recommendations to include Spark and Probe Testing Tbe new gates will be fabricated based on the field dimensioas and could take 4-6 weeks to be delivered after the infonnation is verified. The new Arrowlock will be installed and terminated at the new gates. Pricing; Aluminum Con^tructtd Gate; 528,890.00— Pricing: Stainless Steel Constructed Gate $29,870.00 Sincerely, RkArdO'fi.Xv-Maemm-eerim.mi EXHIBIT B SPECIFICATIONS Fabricated Slide Gates DescripHon Fabricated SKde Gcries Appiicarions • Flood Control • Irrigation Projects • Tjow-Tlead Reservoirs • Drainage Systeins • Soil Conservation Projects • Water Treatment Plants • Sewer Treatment Plant Chosen Material liytlm Giitefabrifiitetl slide grtes iire ttesigned .md fiUiricated from x])etiij slia|ied exlnisioii."! or stroctiini) angles, flil.":. aiid plates are as.seniWed bv'welds and bolts. Tlirou^i )«:trs of KibricaHiig experience. Hydro Gate lias develoi^ed tecJmiqiie.s for rabrioaUng part.'! lo a close tolenuice luid siraiglitnexs. SiiK* lliere are no macliuied pans or wiedging device.'; in iJte grile itself, the gate de|»nds ii|!ori water pressure and .-ieid design to seiil tlie fabricated slide. Kalmi-Ued .slide suites are iisiially fiimished witli nibher seals lu iinprove waler-tightiiess. The\' are designed for eidier oj»n cliaonel use or njjertiin; t^'pe applicnliotis. Ojjeii channel Eptes luive no fninie meuiber or •!e.<iJ al tlie !<>[> of IIK* slide. Tlicse tples will ovt-rflow. Aijertiire gales (cAer iin opening) lutve top frame iiHfiiilier and seals lo slitrl olTntftv :jl deptiis loiter liiaii the slide lieis;lit. ;\ more ectHiomiutl fitbricaled g<Ue is ;i\'ailid»le without rubber seals fbr llcnv diversion. 11 is nut as wsiter tiglit and relics on liead pressure and presence ol silt and Coe particles lo reduce leaLige hs pliigj;tiig. Head tnipacily is deixnideni on opening stj» and avHiliil)ilit>- of s-lnicliiraJ members. The most coninion !ie.K! Riling is 10 ft seating and unseating, with 2(1 ft seating teiiig a practical liniil for most sizes. Ilislier Iwsids re<iiiire specid designs. Owsiill the Hvxlrt) Clate's Enpneeriog f3e]«rtiiieiit for addiliona) infomuuioii. H\Tlro Gate fabricated slide gates ane available in four different material combinations. Material CoinbiiMUun 1: Curbtm SIvcl Tlwse steel ^iles uui lie grit blast cleaned iuod [miiitetl lo your .S[)ec:ifiitttions. Material Coinbinaliun 2: CuK'utized Carbon StiMsl Available for tlKwe io.s'lallatiotis when? a very eiuiioiiiic-al gate is needed but painliiig does rnrt provide adetjiiHle protection. Both of diese material cotnbiiialioiis use Iiot-rolled angles and flats for gale cxinstniclion. Maleristl Combination 3: Stainless Steel Ttiis luateritJ is reoimnieiided wiien c-orrosi\'e conditions make il necessary to arid protection. These Hytirt) C:ile fabricated slitir "piles sue made fnini Tvpe .304. -^StML or .'316 sUiiiiless steel. Gates ni!utul\<clured tnim these iiiateriidx are niore cornosioii resislanl under most conditiotis tl^an slide gates iiianijfactMrecl from otiier riiateriuis. EXHIBIT B SPECIFICATIONS Material Combination 4: Aluminum Various extrusions iire uUliJed with this design. Krajne .sides are iiKuiiiik tiired from an e.slrusion thsii forms the guide slot and provides Uans^ back inounling. This .special eMnwaou also can he used fbr gatas fully embedded iu aMiciete clmnnels. An .-illernate extnisioo a used for hand-null gale traines. HrdrsGatE & SOTE: If low leakjige characteristics tire desired, tlie series IIG.56IS "aleis recommended. Mounting pCOVER BAR 1 r AJJCMOR 80L T J-SEAL SST SPRNGCLP J-SEAl RET AIMER STUDBOIT \MTH HEX MJT GATE Or'EHNG - ANGLE FRA*I£ UH/VtWPOt.YMEB GUOEBAH SUPPORT FLAT AT ANCHOR BOLT - AI>4GLE FRAA»£ -2 1/7 Ik ll|ll.|illJi|lli|l TYPICAL SIDE SECTION -!• GROUr FRAME ANCHOR BOLT Aluminum Fobricoted Slide Gate 3- I., GATE / 0=EN»^ STUDBOi.-l HfitCWT VWTH HEX NUT & WASHER TOP SECTION SEAt RETAMER C^US^T IWHrN RtOURtD! AMCHORBOLT OM-tNREOURED) ANGLEFRAME — I- GROUT FLUSM-eOTTOM SECTION UHMW liner and J Sed Assembly Figure 3-3 Flange Bock - AAoterid Combinations 1, 2 and 3 (Surface Mounting] Map Drawer Page 1 of 4 iMfoR HANSEN 8 2/13/2015 10:06 EXHIBIT B LOCATION MAP Asset Current: Layers Legend Tool: select y stre Zoom Level: 6 , of 8 ^^'^^^ 0 Scale 1 : ^0""^. 3135 Photo Contents 04/105 http://hansenweb/hansen8/print.htm 2/13/2015 PREMIUM FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASE ON FINAL CONTRACT PRICE Premium: $291.00 Bond 803034P Issued in Two Original Counterparts PWM15-72UTIL EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City of Cartsbad, State of Califbmia, has administratively awards to Ayala Engineering (hereinafter designated as the "Principal"), a Contract for; INSTALLATION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 18C-13 CONTRACT NO. 5503 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on frie in the OfRoe of the City Clerk of tt^ City of Cartsbad and all of which are incorporated herein by ^is reference. WHEREAS, F>rlrKipal has executed or is about to execute said Contract and the temis thereof recpjire the fumishing of a borKi, prodding that if PdhKiperi or any of its subcontractors shaH fal to pay for any materials, provisions, pnavender or ottier stales or teams used in, iqDon or about the perfbrmance of the work agreed to be done, or fbr any work or labor dorra thereon of any kitKj, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, AYALA ENGINEERING, as "Contractor"), and Developers Surety and Indemnity Company Principal, (hereinafter designated as the as Surety, are held firmly bound unto the City of Carlsbad in the sum of Twenty Nine Thousand Eight Hundnsd Seventy Dollars ($29,870), said sum being an amount equal to: One hundred percent (100%) of the totai amount payable under the tenns of ttie Contract by the City of Carlsbad, and ft>r which payment well and truly to be made we bind ourselves, oin- heirs, executors and administrators, successors, or assigns, jointty and severally, finnly by ttiese presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hisflier subcontractors feil to pay fbr aaiy materials, provisions, provender, supplies, or teams used in, upon, fbr, or about tfie performance of ttie work contracted to t>e done, or for m\Y ottier work or labor tfiereon of any kind, consistent wttti Califomia Civil Code sectkin 9100, or for amounts due under ttie Unemployment Insurance Code with respect to the work or labor performed under this Contract, or fbr any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcx>ntractors pursuant to section 13020 of ttie Unemployment Insurance Code with respect to the work and labor, Uiat ttie Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attomey's fees, to be fixed by ttie court consistent with Califomia Civil Code section 9654. This bond shall inure to the tjenefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to ttiose persons or their assigns in any suit brought upon ttie borKj. Surety stipulates and agrees that no change, extension of time, altt^tion or addition to tfie terms of ttie Contract, or to the work to be performed hereunder or ttie specifications accompanying ttie same s^l affect its obligattons on this bond, arxi it does hereby waive nottoe of any change, extension of time, alterations or additk>n to the terms of the ocxitract or to tfie work or to the i^pecificatkms. INSTALUTION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 18C-13; CONT.NO.5503 Page6of7 City Attomey Approved 2/7/13 PWM15-72UTIL In the event that Contractor is an individual, it is agreed that the death of any sudi Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this of May . 2015 . CO^frRACTOR: Ayala Engineering .day {print name het«) By:, (title and organization of signatory) (sign here) (ixint name here) Executed by SURETY this 22nd of May .day •2015 . SURETY: Developers Surety and Indemnity Company (nameofl^rety) 3517 Camino Del Rio South, Ste 200, San Diego, CA 92108 {addn»s Surety) 619-521-9686 {telephone number of Sunsty) (s^nature of Attorney-in-Fact) Shaunna R. Burchfiel, Attorney-in-Fact (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attomey) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President (H-vioB-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the suecretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CEUA A. BREWER CityAttOi By: Assistant City Attomey INSTALLATION OF TWO STAINLESS STEEL DIVERSION GATES AT MANHOLE 18C-13; CONT. NO. 5503 Page7of7 Cfty Attomi^ Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ClViLC0De§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certifteate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On May 22nd, 2015 before me, Thi Grinwald, Notary Public Date Here Insert Name and Title of the Officer personally speared Shaunna R. Burchfiel, Attorney-in-Fact Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pergon(s^ whose name(^ (iS^re sulas^cibed to the within instrument and acknowledged to me that ha^^hey executed the same in his^Qgr/their authorized capacityfig>5), and that by his(h^heir signaturef^ on the instmment the person{g!), or the entity upon behalf of which the person^ acteaTexecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. THI GRIHWALD COMM. #2067236 Notary Public • California g Orange County My Comm. Expires jtey S, 2018 [ WITNESS my hand ai Signature. seal. Signature of Notary Public Place Notary Seal Above OPTIONAL — — Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signerls) Signer's Name: • Corporate Officer — Titte(s): • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: . Document Date: Signer's Name: • Corporate Officer — Title{s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Shaunna R. Burchfiel, George J. Burchfiel, Suzzanne D. Burchfiel, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority ofthe following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chainnan of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attorney(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Seaetary 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 Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such 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 or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Seaetary or Assistant Seaetary this May 23, 2013. By: .^JL-------'^^ Daniel Young, Senior Vice-President state of Califomia Gounty of Orange On Ice-President Mav 23,2013 before me,. g§i OCT. 'i-ii igt 18 irti |<^\ 1836 Gina L. Gamer, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Daniel Young and Gregg N. Okura Name{s) of Signer(s) GINA L GARNER | COMM. #2021213 | NomRY pmso ctmmmm 3_ cmmoomn » tifmssisssfSfafe^ii^^ Place Notary Seal Above 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 executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature{s) on the instmment the peison(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and conect. WITNESS my hand and official seal. Signature Gina L. Gamer, Notary Public CERTIFICATE The undersigned, as Seaetary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. ThisCertificateisexecutedintheCityoflrvine, Califomia. this 22nd dayof May , 2015 . Mark J. Lansdon, Assistant Seaetary ID-1380(Rev05/13) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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. State of California County of _ Date personally appeared 11.^^^ f»»».^ A/>^»^n T!4-l^ ^-f /^-^f'^^*- ' On l/i^f^Y ^^^^^J '^^Sbefore me, ' Here Insert Name and Titie ofthe Officer Name(s) of Signer(s) ibiho proved to me nn the hasi.'^ nf sati.qfactorv evidence to be th^ersorij^whose name(^n(1^re subscribed to the within instrument and acknowj^ged to me thatyi^he/they executed the same in /lTi|)her/their authorized capacitype^, and that b^(hipier/their signatur9(6fon the instrument the persor>(sjr wthe entity upon behalf of which the personj^ 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. f* VKinnYirii^wiwmiMu.1.14 */^^ PHILIP STERBLING I i^d^ COMM. #2075746 | S W NOTARy PUBUC - CAUFORNIA S i ORANGE COUNTY « i My Comm. Expires July 25,20181 ^ManM«m«iiniin • 11,11, n m ii|iiiiinn»»Mi»»W)U.U# WITNESS my hand and official seal. d Signature \ ^ Signe^ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer{s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907