11barstow - granicus

TH l CITY D f

11BARSTOW :.11EIIIIII!I.IIililild 1111:1&•

AGENDA MATTER:

AWARD OF CONTRACT FOR CONSTRUCTION OF BARSTOW LIBRARY COMPUTER LAB -PROJECT NUMBER 2012~02/ CDBG PROJECT NUMBER 102-36128/3439

EXECUTIVE SUMMARY: On February 2, 2012. the Economic Development Agency for San Bernardino County authorized the City to issue an invitation to bid for installation of a new computer lab at the Barstow Branch Library located at 304 East Buena VIsta Street. Utilizing the Uniform Construction Cost Accounting Procedures (UCCAP) process, a total of seven contractors were asked to respond to the proposal. The City received bids from two contractors to conduct the necessary work and the low bid amount of $63,129.84 was submitted by Dunagan Construction Company {Attachment A).

DISCUSSION: Prior to beginning the bid process, staff prepared an informal bid package which included the computer lab project specifications and the federal requirements for Community Development Block Grant (CDBG) construction projects. The initial Engineer's Estimate for the cost of the project was $70,000.

A total of seven contractors were invited to participate in the competitive bid process. Two firms submitted the following quotes for the work:

Bldd8r -- BkfPrk:e

Dunagan Construction Company $63,129.84 W.P. Harris Construction $71,493.44

FISCAL IMPACT: Based on low bid supplied by Dunagan Construction Company, it is recommended that the City Council approve the following project budget for this initiative:

Dunagan Construction Company $ 63,129.84 Contingency (10%) $ 6,312.98 Testing (5%) $ 3,156.49 Project Management (5%) $ 3,156.49 TOTAL PROJECT BUDGET: $ 75,755.81

Funding for this project was awarded in the Fiscal Year 2010111 Community Development Block Grant application process in the amount of $30,000 (Account Number 215.970.715.08.871). To date, a total of $14,986 has been spent on architectural, engineering, and design costs. This means that the City has $15,014 remaining for this initiative. The additional $60,7 41.81 needed to complete the project is available in the following CDBG Accounts:

• San Bernardino County 3rd District CDBG Funds - $17,500 • Un-programmed CDBG Fund Balance (funds available)- $43,241.81

RECOMMENDED ACTION: Staff recommends that the City Council take the following actions:

1. Award the Barstow Branch Library computer lab project (Project Number 2012-02) to Dunagan Construction Co.

2. Approve an overall project budget in the amount of $75,755.81.

3. Authorize an appropriation of $43,241.81 from the City's CDBG Un~programmed Fund Balance for this initiative.

4. Reject all other bids upon the satisfactory submission of the required contract documents, bonds, and insurance certificates by Dunagan Construction Co.

PROPOSED BY FUNDS BUDGETED FUNDS AVAILABLE MEETING DATE

Oliver Chi/ 11~ Domingo Gonzal Yes Yes March 5, 2012

C.M. APPROVAL AMOUNT REQUIRED CATEGORY ITEM NUMBER

Charles C. MitchellctA.- $75,755.80 CDBG ~~

Bids Received for the Barstow Branch Library - Computer Lab Case Number: 102-36128/3439 Bid Opening: February 21, 2012 at 2PM

Dunagan Construction Company 16356 Apple Valley Road, Unit C Apple Valley, CA 92307 760-963-1151 (0) 7 60-946-19 28 (F)

Contractor's License No.:431419 A&B

W. P. Harris Construction 305 East Main Street Barstow, CA 92311 760-964-2285 (0) 760-255-3545 (C)

Contractor's License No.: 536726

Conco Construction Siembab & Sons Curran Electrical Airtech Victorville Glass

$63,129.84

$71,493.44

Did Not Respond Did Not Respond Did Not Respond Did Not Respond Did Not Respond

BID PROPOSAL BARSTOW BRANCH LmRARY w COMPUTER LAB

PROJECT NO 2012-02 IN THE CITY OF BARSTOW, CALIFORNIA

The undersigned. as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the City on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained

The following are included and are to be considered as forming a part of this proposal: BID PROPOSAL, BID SCHEDULE, BID BOND, NON-COLLUSION AFFIDAVIT, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS & SUBCONTRACTORS, BIDDER'S STATEMENT REGARDING INSURANCE COVERAGE, and STATEMENT REGARDING CONTRACTOR'S LICENSING LAWS.

Contractor acknowledges receipt and inclusion of addenda ;til=/ to .;sN.( into this bid proposal and the contract documents.

Attached is a Bid Bond duly completed by a guarantee company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of our proposal, or alternatively, there is attached a certified or cashier's check payable to the City, in the amount of at least 10% of the total amount of our proposal.

lf our proposal is accepted, we agree to sign the contract form and to furnish the Perfonnance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidences of insurance within ten (1 0) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION E -TIME OF COMPLETION.

NAME OF BIDDER:

MAILING ADDRESS:

STATE OF INCORPORATION:

AUTHORIZED SIGNATURE:

TITLE:

DATE:

(If Company is a Corporation, provide corporate resolution per Bl.06 PROPOSAL)

Page B9 102650.1

BID SCHEDULE BARSTOW BRANCH LIBRARY· COMPUTER LAB


The cost of all labor, services, material, equipment and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION D-TECHNICAL SPECIFICATIONS AND MODIFICATIONS. The City reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or make void the contract, except that appropriate additions or deductions &om the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The City reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the City.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.

The Contractor shall be responsible for calculating and providing totals for the schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications and details, including a separately stated rate for daily delay damages.

TITLE: I!? tV~ !i.- /(.. --~~~~~~--------------------------------

DATE: ___ ~~;j~z_--~~~~/_2--________________________ ___ I I

Page BlO 102650.1

1 8-01

2 8-02

3 8-03

4 8-04

5 8-05

'6 .s.:os

7 8-07

8 8-08

9 8-09

10 8-10

11 8-11

12 8-12

13 8-13

14 6-6.3

15 700-4

102650.1

BID SCHEDULE (Continued)

BARSTOW BRANCH LffiRARY- COMPUTER LAB PROJECT NO 2012-02

IN THE CITY OF BARSTOW, CALIFORNJA

PROPOSAL

Project #: 2012-02

BARSTOW BRANCH LIBRARY- COMPUTER LAB

STEEL STUD FRAMING LS 1

DRYWALL AND FINISH SF 606

T-BAR CEILING LS 1

ALUMINUM CURTAIN WALLS AND LF 48

GLAZING

PAINTING SF 916

HVACWORK LS 1

ELECTRICAL WORK LS 1

PLYWOOD BACKER BOARDS EA 2

ROOF PATCH LS 1

DOOR & HAR[)WARE lS 1

PROTECT IN PLACE LS 1

RUBBE:R COVE BASE LF 155

MOBILIZATION LS 1

DAILY dard . ' EA. 1

CASH ALLOWANCE (Special LS 1 $7,600.00 p

Page Bll

/OO~ OtJ

2 {)(.) , oo

875 .'36 /~J y7"

-&-

~ $7,600.00

I I The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated in completing the work in place per th\3 Specifications and details.

Bid Schedule Total (in words):

d ,._ 5'7;i; ~..., ft,_///-..' y (Company Name of Bidder) 1

7 ' 7(Date)

The City reserves the right to award based upon the Base Bid plus Additive Alternate, Additive Alternate Bid only, or the Base Bid only. The contract will be awarded to the

lowest responsible bidder based on the City selection of Base Bid plus Additive Alternate or the Base Bid only.

Page 81 2 102650.1

BIDDER INFORMATION BARSTOW BRANCH LffiRARY- COMPUTER LAB


BIDDER certifies that the following information is true and coJTect:

Name of Bidder: ::.P~::-~.q~ ...... r:..~.Utfr<.~Y.. .... ~j#.~ ............... . Business Address: .. /.{.!'2...~o ... flj?/o/ ... d.!/y.: ... £c!.o&.,~?..o(:~ .. r: .. /4(7;. .. Cl 9~ ?o;>

Telephoni?..fo/.~~J:-:-((f."/ .... ....... ..... FAX: .. {?..~P..) ... 7..f.6:::f.?..?::.~ ........... ... . E-mail: .b-46.s..?iil;.?.G! .. d5.!..e.K.z:i.A?!J.fk.~ .... a.ct ............. .... ........ .......................... .

CONTRACTOR'S License No.: .. ~..?/'?( 1.' f ... tf./.IJ.o ................ Date License Issued:.¢.~-~;?.-License Expiration Date: .. .. . t/.r.r,!..?.:::-......... 0 •••• 0 .. .... ......... .. 0 ..... 0 ............................................. ........ .

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name I Title I Address I Telephone #)

Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment I Date)

..... ..... df./.l. .......... ...... ............... ... ...... ... ,oooooooooooooO.ooooo•••oo••••••"''''""'' '"' ''''' '"''"'''''"'''''''''''"'''

All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal/ DBA's I Applicable Dates)

....... /.!!./4. ................................................................................................................................. .

Prior Disqualification

Page B15 10265001

Has your finn ever been disqualified from perfonning work for any City, County, Public or Private Contracting entity? Yes /No /1/'v . If yes, provide the following information. (If more than once, use separate sheets):

Date: .... ............. .................... .................. ........ ... Entity: ............................................................... .

Location: ...................................................................................................................................... .

Reason: ....................................................................................................................................... ..

Provide Status and any Supplemental Statement: ........................................................................ . ..

Has your finn been reinstated by this entity? Yes I No ...................................... ..

Violations of Federal or State Law

A. Has your fum or its officers been assessed any penalties by any AGENCY for noncompliance, violations ofFederal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?

Yes I No: ......... ~.~:(..??.'. ............... Federal I State: ........................................................................ ..

If"yes", identify and describe, (including status): ......................................................................... .

Have the penalties been paid? Yes I No: __ ~M....o...r-ULL..----1

Page B16 102650.1

B. Does your firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws?

Yes I No: .......... ~.P............ Codes I Laws:................. .. ...... ................ Section I Article: ........ .

Tf''yes", identify and describe (including status): ............ .......... ............. ............ ............... ............ .

1 declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Exec:uted this "2..~> ~ day of ~.r? b;f vf'kt;Y , 201,b-at ...t-¥k ~1-)Y , California. '

Authorized R"'Jf"Senlative Signature and Title ~£_ q~ .:&~

Page B17 102650.1

EXPERIENCE STATEMENT BARSTOW BRANCH LWRARY- COMPUfER LAB


Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder's experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State CONTRACTOR'S License Board.

Project Title:· lfMf,4,~<. t!Lv 6 Client: /(4.cJe.?e?v 0-7-74-t 5 , Date: 1b 2- Project Value:~~ PM~ Contact:~,· Tel# (jlf(;) 716.-?a-68'

~~ ,-/ t:l Jr/l' Description:

Subject to Federal Labor Standards: Yes@

' Project Title: .14&/5 t. c:'/ r I~ J I 74. Client: /72,'J-- k. & ~ ./ Date: '2. ;,.l- Project Value:~~~.;z., Ovi) ~Contact:h""""-».=~:u;........-- Tel (/IY)//C -?f(; _}

Description: &-s:LhP c/ ~i~;-/ -.£/~~Ut7.:2

Subject to Federal Labor Standards: Yes

Page B18 102650.1

EXPERIENCE STATEMENT (Continued) BARSTOW BRANCH LIBRARY- COMPUTER LAB


Subject to Federal Labor Standards: Q No

Subject to Federal Labor Standards: Yes

Authorized Representative Signatur~d Title

Page B19 102650.1

•> M~r!~J~ohnson

RE: City of Barstow

::::~ #20 12-02 - Barstow Branch Library- Computer Lab

c~ndum€) February 14,2012

Dear Bidders:

The attached information and clarifications constitutes Addendum # 1 for the City of Barstow Project

#2012-02 -Barstow Branch Library- Computer Lab

• Fire dampers will not be required at the penetration of the drywall above the t-bar ceiling by the

new HVAC ductwork. This is not a fire waH assembly.

• The Air Balance does not need to be performed by a Certified Air Balance Company.

• A Heres test will not be required for the HVAC system for this project.

• The Elecnical Contractor will provide all cat 6 cabling from the existing telephone board to the

new data/communications room and to the data outlets in the new computer lab. The County will

provide the Terrninal strip, Computer switch and mounting bracket for computer switch. The

County will provide ringing out each computer line and landing the cat 6 cabling to each

computer service location and at the switch and terminal board.

• Please find attached, Attachment "D" EDA Construction Contract Provisions. This project is

partially funded by C.ommunity Development Block Grant Funds from the federal government

and therefore additional paper work must be completed for this contract. Please be aware of this

paperwork it will need to be completed before signing the contract with the City of Barstow.

• This is a prevailing wage project For the most current prevailing wage determination please go

to: www.dir.ca.gov/dirdatabases.html and follow the 6 step procedure.

• An Acknowledgement sheet is attached to this addendum for bidders to certify that they have

received and read all addenda for this project. This sheet must be attached to the ofticial bid.

• Any questions regarding the project plans or specifications shall be submitted in writing via email

to Merrell-Johnson Companies, c/o James Merrell ([email protected]). The last

date for questions shall be Wednesday February 15, 2012 by 5:00pm. Answers will be emailed to

all bidders by 3:OOpm on Friday February 17, 2012 as an addendum to the contract All

addendums have to be acknowledged on the sheet attached.

ENGINEERING I SURVEYING I TESTING I INSPECTION I 22221 US Highway 18 Apple Valley, CA 92307 tJ 760-240-8000 f) 760-240-1400 w) www.merrelljohnson.com

City of Barstow- Project 2012-02 Barstow Branch Library - Computer Lab

Company Name

Representative's Name

By initialing below, we certify that we have received and reviewed the project specifications and related project addendum # 1 for this project.

Project Specifications:

Addendum # 1 :

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS BARSTOW BRANCH LIDRARY- COMPUTER LAB

PROJECT NO lOU-02 IN THE CITY OF BARSTOW, CALIFORNIA

The following is a Jist of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent ofthe total bid price or $10,000, whichever is greater.

No subcontractor shall perform work in excess of the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the City.

The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.

Name and Address of Employer MBEI Work Subcontracted Portion of Work(% of Subcontractor Tax Id# WBE Contract Price)

(YIN)

~;~~~lt~55 3'3.--17?-tLA?s tJA-1/ /7, lr? ~ ()~I/

~~f'/te V~/f../~ ~Z-;Jt?:~

btt£tW /il~c: ~ h.c Ti / c- J (/,.,IIIV~ 0

~7,8/ h (J.Jy/11. ~If~~ ~.~k.l 9Z$// /fr;2 JV f" 0 ;J tJ,tl.#/'tt .i/c7ihvrl1 a /.7;:;

Page B20 102650.1

Name and Address of Employer MBE/ Work Subcontracted Portion of Work (% of Subcontractor Tax ld# WBE Contract Price)

(YIN)

These representations are being made under the penalty of perjury. The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

NAMEOFBIDDER~,t.....-.,4 c;'~ t.t.IV'~·/Auc.//17~ ~/

AUTHORIZED SIGNATURE: .~...-44 7 Dare: __ ~~~?~~~z~~~~-/-~/~----------

/7

Page 821 102650.1

Davis & Graeber Insurance Services

It A Division of HUB International Insurance Services Inc. Lic.No. 0757776

470 E. Highland Ave., PO Box 40, Redlands, CA 92373

February 17, 2012

Dunagan Construction 16356 Apple Valley Rd Apple Valley CA 92307

Tel (909) 793-2373 • Fax (909) 543-4222

Re: Bid Bond -Bid Date: February 21, 2012 Obligee/Project City of Barstow/Barstow Branch Library Computer Lab D&G Reference #0173-12

~~~

Enclosed Is the bid bond you requested. To avoid having a low bid rejected because of a clerical error, please 1) Check aU signatures, dates, amounts and the job description, and 2) verify that the bid bond fonn attached is the form required by the specifications. Please note that bid bonds are only valid for 30 days from the date of issuance. If a bid opening date is postponed, please be aware that a new bid bond may be required.

Please be aware that some bond fonns include "forfeiture" wording. "Forfeiture" language in a bid bond creates a financial penalty that can exceed the spread between your bid and the next highest bidder. In the event of a claim, this form would require that you or the Surety pay the obligee the total amount of the bid bond, even if it exceeds the actual amount of the damages.

IMPORTANT! If your bid increases to more than 10% of the estimate you submitted, call us for approval prior to the bid.

Thank you for using Davis and Graeber Insurance Services for your bonds.

~~ George A DeCristo Vice President, Surety

/E-mail Bid results to Lynn Ewer at [email protected] or fax to (909) 543-4222

Bidder's Name Bid Amount

Low Bidder

Second Bidder

Third Blcfcfer

Your Bid (If not shown above)

BID BOND BARSTOW BRANCH LffiRARY- COMPUTER LAB

PROJECT NO 2012.:02 IN THE CITY OF BARSTOW, CALIFORNIA

KNOW ALL MEN BY THESE PRESENTS that Bidder Dunagan Construction , as PRINCIPAL, and * C 1) , as SURETY, are held and firmly bound unto the City of Barstow as AGENCY, in the penal sum of

---Ten percent of the total amount bid dollars ($ ---10%--- ), which is ten percent (1 0%) of the total amount bid by PRINCIPAL to AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any eJCtension of the time within which the AGENCY may accept such Bid; and said SURETY does hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRlNCIP AL in the manner and time specified, and provides the required payment and performance bonds and insurance coverage's to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this_l?day of .. ..... F.~.l>.l:lHU'Y ........... ... , 20 1~.

PRINCIPAL* A>.®.~&.~~ .. ~9.ll~-~.-;-.'Mi~;i;9R-.......................................... ..

16356 Apple Valley Road, Apple Valley, CA 92307 Tel: 760.963.1151

SURETY* Developers Surety and Indemnity Company

Five Centerpointe, Ste. 530, Lake Oswego, OR 97035 Tel: 800.223.245.

Shannon Lope ct *Provide BIDDER and SURET nam , res nd telephone number and the name,

title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this ........... day of ............................. , 201_.

*(1) Developers Surety and Indemnity Company

NOTARY PUBUC __ __,_!,Su.E~E"'"'A~T!UT~A:~C~HE~D~--------- (SEAL)

Page B 13 102650.1

.·

BID BOND BARSTOW BRANCH LIBRARY- COMPUTER LAB

PROJECT NO 20U-02 IN THE CITY OF BARSTOW, CALIFORNIA

KNOW ALL MEN BY THESE PRESENTS that Bidder Dunagan Construction , as PRINCIPAL, and * ( 1) , as SURETY, are held and firmly bound unto the City of Barstow as AGENCY, in the penal sum of

---:Ten percent of the total amount bid dollars ($ ---10%-- ), which is ten percent (10%) of the total amount bid by PRINCIPAL to AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the AGENCY may accept such Bid; and said SURETY do~ hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRTNCTPAL in the manner and time specified, and provides the required payment and performance bonds and insurance coverage's to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

rN WITNESS WHEREOF the parti~ hereto have set their nam~, titles, hands, and seals this_l?day of ...... .F.~'b.t:AAXY. ............. , 20 1~.

PRINCIPAL• :Q.t.u\~&~Al..J~P.~:!?.H:~~~?:-~:m ................ .. .............. ........... . .

~Road::A:ole Valley, CA 92307 Tel: 760.963.1151

~~-:;=-- -

SURETY"' Developers Surety and Indemnity Company

ey-in-Fact Shannon Lopez , At *Provide BIDDER and SURETYJ na

title, address and telephone number for the respec · be attached.

, address and telephone number and the name, uthorized repr~entatives. Power of Attorney must

Subscribed and sworn to this ........... day of .............. ............... , 201_.

*(1) Developers Surety and Indemnity Company

NOTARY PUBLIC SEE ATTACHED (SEAL)

Page B13 102650.1

State of California

County of San Bernardino

Subscribed and sworn to (or affirmed) before me on this 17th day of February, 2012. by Shannon Lopez , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

:·-...... --....... --·--..--~--~ i~ S.LYNNEWER ' s - COM~l. #1807411 ; p NOTAA YPUBLIC -CAUFORI/11.. p 1

SAH III:R NAAOINO COUNTY 1 • My Comm. E:Jcp. July 28, 2012 •

:... ........... ---................. .c

POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY

INDEMNITY COMPANY OF CAUFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300

KNOW ALL BY 11-IESE PRESENTS that except as expressly l!mHed, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA, do each hereby make, constitulll and awornt:

***George A. DeCristo, Shannon Lopez, Peter M. Davis, Kenzie K Thompson, Martin M. Davis, Gale Delo,jolntly or severally"-*

as their true and II:!Wful AUomey(s)-in-Fact, Ill make, e~ecute. deliver and acknowledge, fo!' and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Allcmey(s)-ln-Facl full power and authollty to do and to perform every act neces88ry, requfsita or proper to be done in connection therewfth as each of said COJPOrations could do, butl'e$erving 10 each or said corporations full power of substitution and revocatim, and aft or 1he acts of said Attomey{s)-in-Fact, pursuant to these Jll'es&nts, are hereby ra!ifiad and confirmed. ·

This Power of AtiDmey Is granted and Is signed by facsimile under and by authority of 1he following resolu1lons adopted by the respective Boards of Dfreclol$ 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 Chairman IX the Board, the Pnlsldent, Executive Vie&-Praslden~ Senior VIce-President or any Vice President of the corporations be, and that each of them hereby is, auth~ed lo execu1& this Power of Attorney, qu~fylng the attomey(s) named in the Power of Attorney to execu1&, on behalf of the corpordllons, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corpora Dons b&, and each of them hereby is, authorized to attest the execution of any such Power of Attorney:

RESOLVED, FURTHER, that 1he s)}natures of such officers may be affixed 10 any such Pov.w of Atlomey cr to any certificate relating thereto by facsinile, and any such Power of Attorney or certificale bearing such facsimile slgna!Ures shall be valid and binding upon the corpo!8t!ons when so afllxed and in the fu!Ure with respect to any bond, unde!111king or contract of suretyship to which ~ fa atteched.

IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severaly caused 1hese presents to be signed by their respective officers and attested by their respective Secratary or Assistant Secretary lhls October 4111.2011.

By:~~ Daniel Young, Senior VJC&-Presldent

By.S~ar~ Steve A Tvedt, Vioo-Presidenl

Stale of California County of Orange

On --~~~be=r_4~20~1~1 ________ b~oreme, ______________________ ~An~ton~~~~~~oo~,~N~o=ta~~~P=u~=c~-------------------

Oate Here Insert Name end Tille of the Offk:er

personally appeared -------------------------------------=-Dan=fe::...l Y:,_,o,un""g~.::s::..:;nd::..:S~teve=!..!A:..:T.:.;vedl:::.:... _________ _________________ _

Place Norary Seal Above

Name{s) of Sgner(s)

who proved to me on 1he basis of satisfactory evidence to be the person(s) whose name{s) Is/are subsa~bed Ill the wilhln instnment and ecknO'Medgad to me that he/she/they axecutad lhe same in hlslherMefr authorized capacity~es), and that by hlslherllheir signature(s) on 1he lnslrument tha psrson(s), or the entity upon behaH of which the pe®n(s) aded, executed the lnslrUmenl

I certify under PENALTY OF PERJURY under the laws of 1he Slate of California that the foregoing paragraph is rrue and correct.

WllNESS"""""""""""" ~ Signature · · "

Antonio Alvarado, Notary Public CERTIFICATE

The under.ligned, as Secretary or Assis1ant Secrelary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CAUFORNIA, does hereby certify that the foregoing Power of Attorney remains In ful forte and has not baen revoked and, furthermore, that 1he provisions of the resolutions of the respective Boards of Directors of said CO!pOrations set for1h in the Power of Attorney are in force as of the date of this Certificate.

This Certlficale is executed In the City of Irvine, Califomia, lhls J1'fj.day of fthr-ua.r- J 20 JZ,

~·~)l ~ I tf8Q90k0srant Secratary

to.1380(Rev.1 0111)