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HomeMy WebLinkAboutC24440B Traffic Signal Installation at Country Club 578-06REQUEST: SUBMITTED BY: APPLICANT: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Authorize Award of Contract No. C24440B for the Country Club Drive at Via Scena Traffic Signal Installation to DBX, Inc. in the amount $321,155.00 (Project No. 578-06) Mark Diercks, P.E., Transportation Engineer DBX, Inc. 42066 Avenida Alvarado, #C Temecula, California 92590 July 13, 2006 Agreement Proposal Vicinity Map By Minute Motion: 1. Authorize Award of Contract No. C24440B for the Country Club Drive at Via Scena Traffic Signal Installation to DBX, Inc. in the amount $321,155.00. (Project No. 578-06) 2. Set aside a 10% contingency and 3. Authorize the Mayor to execute the same. Discussion: At the October 27, 2005 meeting City Council, in joint consideration with the Redevelopment Agency, adopted City Council Resolution No. 05-90, authorizing a Public Improvements Funding Agreement between the City of Palm Desert, the Palm Desert Redevelopment Agency, and SKB-PDM Investments, LLC (SKB) for a traffic signal at the intersection of Country Club Drive and Via Scena/Plaza de Monterey. On July 5, 2006, at 2:00 P.M. bids were opened and read aloud. The results are as follows: Award Contract C24440B for the Country Club Drive at Via Scena Traffic Signal Installation (Project 578-06) Page 2 of 2 July 13, 2006 DBX, Inc. Temecula, California Steiny and Company, Inc. Baldwin Park, California $321,155.00 $407,904.00 The funds for this project were appropriated from Account No. 464-4350-433- 4001, Account No. 234-4675-433-4001, and Account No. 851-4675-433-4001 at the October 27, 2005 City Council meeting. Public Works staff therefore recommends that City Council authorize award of the bid for the Country Club Drive at Via Scena Traffic Signal Installation to DBX, Inc. in the amount $321,155.00 plus a 10% contingency in the amount of $32,115.50, and authorize the Mayor to execute the contract. Submitted By: Nfark S. Diercks, P.E. Transportation Engineer Approval: Homer Croy ACM for Development Services Carlos Ortega City Manager /cls/dhl Department Head: Mafvf"c,Gree ia,c4LE:/"4._ nwood, P. Director of Public Works PS Paul t.i•son Finan e P 'rector CITY COUNCIL AcC`TION: APPROVED ✓ RECEIVED DENIEL OTHER MEETING DATE rJ— /3 • 6 (p AYES : � iod ey , 1 NOES: A/6/ �% ABSTAIN: / ABSENT:�� VERIFIED B*: Original on i1e wig'% City Clerk's OffzcP G:1PubWorks\Staff Reports120061July 1315 Award Via Scena Traffic Signal 578-061Award bid DBX for Country Club at Via Scena Traffic Signal 578-06.doc Agreement THIS AGREEMENT is made and entered into this day of , 20 by and between City of Palm Desert, California, hereafter called "Owner" and hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to Owner its CONTRACTOR'S Proposal for the construction of Owner Project, 1. Traffic Signal Installation Country Club Drive at Via Scena, PROJECT NO. 278- 06, CONTRACT NO. C24440B, in strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal and found it to be correct, has ascertained that its SUBCONTRACTORS are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The CONTRACTOR'S Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. CONTRACTOR shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within Ninety (90) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. CONTRACTOR agrees to indemnify, defend and save Owner and its officers, agents and employees, and the Engineer harmless from: Page G-1 a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to CONTRACTOR'S employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of CONTRACTOR, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, a. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $500.00 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the Owner or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Page G-2 Release of Retention The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Page G-3 CONTRACTOR: BY: Signature to be notarized TITLE: OWNER: BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: 11111111014 ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Page G-4 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to hereinafter designated as the "Principal", a contract for: Traffic Signal Installation Country Club Drive at Via Scena PROJECT NO. 578-06 CONTRACT NO. C24440B WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Dollars ($ ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page H-1 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY IYA INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL I1-YA Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as the "CONTRACTOR"), an agreement dated described as follows: Traffic Signal Installation Country Club at Via Scena, PROJECT NO. 578-06, CONTRACT NO. C24440B, (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for Page H-2 amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this of , 20 PRINCIPAL/CONTRACTOR: (Typed Name of CONTRACTOR) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ The total amount of premium charged: $ (the above must be filled in by corporate surety). SURETY: (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. day IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) 11 M DATE: CONTRACTOR'S Proposal Traffic Signal Installation Country Club Drive at Via Scena Project No. 578-06 Contract No. C24440B CITY OF PALM DESERT, "Owner' 3i �� S JR�, T� (- "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, Traffic Signal Installation Country Club Drive at Via Scena, Project No. 578-06, Contract No. C24440B, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with Owner: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The Owner has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded only by the governing body of OWNER. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the OWNER shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to Owner such information as Owner may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to Owner, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs Owner to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. Page C-1 It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are but estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. 1 Traffic Signal and Safety Lighting LS LS $dal, l5 S r $ s e71, J ' .S J $Sa 1;1.s-- J TOTAL BID PRICE I $i3ozl,1S.� I The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $..��//�1 `S TOTAL AMOUNT BASE BID IN WORDS /iZt2¢sa1cd t2 (�vj/JCN�J� ,��...Ikx. 5�,.� � f1.1... h,�c.,.-v � .. ina� .fL.t.�_.• l� �.(�lS�.'i, S' IN WITNESS WHEREOF CON T CTOR exec this proposal as of date set forth on Page C-1: Signature Title: (�-Qrr-�' CONTRACTOR n Attest by: Notary" in and for said County and Sfate Title: tUMmy- P1 A k� I C. GrIPCIHy�LLISSAOGM50 ORoMAT01o5 -d Notary Public — Califomial 0. Riverside County MYComn.FxplresAug i L m,: Page C-2 The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address L4a(7lal o n- V P,hf CLa Y-I V0.rad@b-0-C-rerne-ac La, a-) Qdocio (2) Telephone No. 06 i Aqu-Ggo) (3) Type of Firm (Individual, Partnership or Corporation) C0rp0?'c,+ Cn (4) Corporation organized under the laws of the State of CCJ i f;L),-ni�A. (5) Contractor's License No. R405u-1 Exp. Date "11a>i10-1 Contractor hereby swears under penalty of perjury that this information provided is tr and corr' By Title: Pr-oLi GIRD ignature Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: �C�l l�-��1 ��CLYYID� C • �Q-�'Y� (7) Number of years' experience as a Contractor in construction work 41 (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 1. .� aS) 10 `7iC \'1ti(CX9 GNck, 5C1CSG(YWr%�S}. 2. V�Ly'-Si 6-b j Cry qas as CA�l gay, C. �t op awns i3. 154 t e>a S 110 wt �t<�.��ier.- �?J �S1-R�t3-(asb4 JiS�I ��3��� c,rof ~SEr'Yt-pC��EA� C� �IaSB 9 G )-Ua Li-LOgtt Page D-1 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: C, C License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (10) List the name of the person who inspected the site of the proposed work for your w firm 1a rY1 ap,v-v j (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Owner. Page D-2 Non -Collusion Affidavit ) SS Cdl Il �r r'L.7lq M c- &I ii it7 �l a m P--P-r , being first duly sworn, deposes and says that he/s#s is (Jr-6-Si d& --I' of 'D(bX .Tn (. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to, before me this acl day of %� , 20 ©Le , Signature Title: ,s� A 0'V4 CONTRACTOR Attest By: ( �, (,Yxi/-n (L Notary Public in and for said County andU§tate Title: ISO 1/ A Rj o� Page E-1 BOND #21867 BIDDER'S BOND PREMIUM NIL KNOW ALL MEN BY THESE PRESENTS, That we, DBx, INCORPORATED as principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 107 1 (10% of bid) to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: TRAFFIC SIGNAL INSTALLATION COUNM CLUB DRIVE AT VIA SCENA PROJECT. NO. 578-06 CONTRACT NO. C24440B The general items of worts to be done hereunder consist of: traffic signal and safety lighting installation and all appurtenant work as required by the plans and specifications, and dated JUNE 26, 2006 is accepted by the City of Palm Desert, and if the above bounden principal DBx, INCORPORATED shall duly enter into and execute •a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the owner to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys fees, shall be awarded to the prevailing party. PAna F_1 IN WITNESS WHEREOF, We hereunto set our Hands and Sdals this 26Tx Of JUNE 2006 CONTRACTORS Name: x, INCORP&PATED CONTRACTOR'S Signature: Title: Pret>l "nr Address: 42066 AVENIDA AT.VARADO, STTTTF. C TEMECULA. CA 92590 Telephone: J951) 296-9909 Surety's Name: DEVELOPERS SURETY AND INDEMNITY COMPANY Surety's Signature;/=���G Title: MATTHEW P. FLAKE/ATTORNEY-IN-FACT Address: P.O. BOX 19725 IRVINE. CA 97674 Telephone: 7949) 263-3300 day o� M o On 06/26/06 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared MATT P. FLAKE personally known to me 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 the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my signat re ofublic hand and official seal. _A-,try LEXIESHERWOOD COMM. #10CAUF 3 NOTARY PUBLIC •CALIFORNIA 0 ORANGE COUNTY j Comm. Exp JULY 27, 2009 Or 1. 1 OLYL- L Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMDER OF PAGES 2 DATE OF DOCUMENT 06/26/06 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: DEVELOPERS SURETY AND INDEMNITY COMPANY NAME OF PERSON(S) OR ENTITY(S) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY CON'IPAN Y INDEMNITY COMPANY OF CALIFORNIA I'D BOX 19725, IRVINE. CA 92623 (939) 263-3.300 , KNOW ALL MEN By -HCSB PRESENTS, Ihal except as expressly limited DEVELOPERS SURETY AND INDEMNffY COMPANY and INDEMNIFY COMPANY OF CALIFORNIA. do each, hereby make, constitute laid appoint ***David L. Culbertson, Charles L. Flake, Jan Moran, Richard A. Coon, Lexie Sherwood, Matthew P. Flake, jointly or severally*** as their true and lawful Attoiney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and cunuacts of suretyship giving and grantuig uour said Atto ney(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 cash of said corporations could do, but reserving to each of said corporations full power ofsubslitution and revocation, and all of the acts of said Allorncy(s)-in-Fen, pursuant to these presents, are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respecuwe [loud of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNffY COMPANY OF C :ALIP'ORNIA, effective as of November I. 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers ofAtu ncy, qualifying the alomey(s) named in the Powcrs ofAttorney to exceule, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney, ItESOLVED, FURPHEIt, that the signatures ofsuch officers may be affixed to any such Power of Attorney or to any certificate relating Ihereto by facsimile, and any such Power of AUnrney or cerif ieate bearing such facsimile signatures shall be valid and binding upon die corporation when so aBixed and in the future with respect to anv bond, undertaking or contract ofsutelyship to which it is anached IN WITNESS WH ERF.OF, DEVELOPEILS SURETY AND IN DF.M N I TY COM PAN Y and IN DIiMNITY COMPANY OF CA LI FORN IA have ,c%cal ly caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary Ilus Ist day of December, 2005 Bv' David H. Rhodes, Executive Vice -President ° �11 o:........:..Wo ,3yJ�:•PPORq•'•.F.y 4, ,G OPPOR. (, lF •.Z ti O d' 10 co= w 1967 13v: o e. 1 9 3 6 ,� oy o Walter A. Crowell, Secretary "s7j•,••/Ow P..; l<LD.c q<IFOPx STATE OF CALIFORNIA COUN"fY OF ORANGE? On December I, 2005 before me, Gina L. Gamer, Notary Public (here used name and tide of the officer), personally appeared David H. Rhodes anti Waller A. Crowell. personally known to me (or proved to time on the basis of satisfactory evidence) to be One persons) whose nanie(s) is/arc subscribed to the within instrument and acknowledged to nie thin he(she/Ihcy executed the same in his/her/their autho ized capacrty(ics), and that by his,her/theirsignamn:(s) on the instillment the person(s), or the corny upon behalf of which the pcison(s) acted, executed the instrument. W IlNESS my hand and official seal. Signature (L GINA L' GARNER a COMM. # 1569561 (SEAL) 3 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY CERTIFICATE The undersigned as Assistant Secretary, of DEVELOPERS SURELY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. flocs hereby certify that the foregoing Power ofAttonncy remains in full force and has out been revoked, and to, thermorc, that the provisions of the resolutions of file respective Boards of Directors of said corporations set forth in the Pacer of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 26'1H day of JUNE 2006 By Albert Hillebrand Assistant Secretary ID-13W (Rev 12/05) NORTH NOT TO SCALE i� �yr�� �t � � w• -� ��i��� ` ! � *. . • `•`r�Y�.? , . :.'` �' }r71r �` � . . � . ,4 . �� ; + " : � . • . '- ' S� . ,r � � j • . „ �' �}''� y, �.ie 7,� , � ' y . � � � � t �: .•� - �� � �.� i : �`. Y 'a W � ' # Z / w 7 R � Q � � � ' � �� � . PROJECT AREA � � ` � ;'' �: . 1��: � !. - ..�: `� ' "% r � 0 � .. .. l �I ��i� COUNTRY CLUB DRIVE � - � u` ` � N � � a , s . ,�i,' y- . • �. .� G7 m *` O PLAZA DE MONTEREY � - ' o t � �' ��� �►= - __ i _ �� �►w� 0 PROJECT. LOCAl10N i •_ ���ri..1'� , l,'� � i, .+, � • w � � �� ` � �d► � � � �► • �i r � 4 .. � VICINITY MAP COUNTRY CLUB DRIVE AT VIA SCENA/PLAZA DE MONTEREY