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09-0616_ELITE BOBCAT SERVICES, INC_Bid ProposalBID PROPOSAL For the: CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS (CIP 111) From: Elite Bobcat Service, Inc. 720016A Contractor, License No. & Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special .Provisions, and the Standard Specifications. for Public Works Construction 2006 Edition, including all Supplements therefor, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, for a Base Proposal of Bid Items 1 through 38 amountinto a total of: SI'k 1-lowbeeb '940 9/b16 Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. Or for an Alternate #1 Proposal of Bid Items I through 28,30 through 38, and 39 amounting or? i/waVep Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. Or for an Alternate #2 Proposal.of Bid Items 1 through 28, 30 through 38, and 40 amounting to a total of X1,014=7V --51X Words� � Figures 3 Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or ,proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of nine calendar days, and one hundred twenty Q 20) calendar days thereafter for the landscape maintenance and plant establishment. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual arnount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work astray be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (3 0) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is bidder's bond (Insert " S cash," cashier's check, certified check or bidder's bond on the forms from nates BB=1 and BB -2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent 0 0%) of the highest total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Fidelity Deposit Company of Maryland Glendale, CA Licensed in accordance with an act providing for the registration of contractors -- License No. 720015 and Classification A Signatur f Bidder: Jos ph Nanci, President 4 Elite Bobcat Service, Inc. Joseph Nanci, President / Secretary / Treasurer / Manager (If an individual, so state. If a firm or co -partnership, state the firm name and, give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: 05/19/2009 Dated: 05/19/2009 1320 E 6th St #k100, Corona, CA 92879 Business Address (951) 279-6869 Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: 05/19/2009 Signature of Bidder Joseph Nanci Dated: 05/19/2009 (951) 279-6869 Telephone Number 9 SCHEDULE OF WORK ITEMS CAMINO CAPISTRANOIDEL OBISPO STREET INTERSECTION IMPROVEMENTS (CIP 111) The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with the said specifications for the amounts set forth below: Construct improvements as reiterated above, located in the City of San .Tuan Capistrano, in accordance with the specifications for the unit price set forth in the following items: . it Approximate Work Items With Unit Price Unit Price Total Amount uanti (Written in Words.) In 1~i es I L.S. o ' 'nation for the lump sum price of dollars. $ / 9, 74.17, ZS $ l 9j 7$-O,Z6 2 L.S. Off Street Storage of Equipment and Materials for the lump sum price of dollars. 3 L.S. Stormwater Pollution Control/BMP's for the lump sum price of dollars. 4 L.S. Project Survey for the lump sum price of dollars. S 7, ®®. en 5 L.S. Traffic Control for the lump sum price of / 'IS X 7 41,0 dollars. $ z 6 3 ew. 4�0 S ze.r . oQ 6 L.S. Clearing and Grubbing for the lump sum price of A5 liars. $ pfd a,?n 1S�d®,e, 7 2,650 S.F. Remove Concrete Driveway for the unit price dollars $ 0.7S $ 7, as i:5® per square foot. k/ ."-%� 8 3,750 S.F. Remove Concrete Sidewalk for the unit price ofa, Rpz4*A p dollars 6 7S®, ®c3 per square foot.d3r g 430 L.F. Remove Concrete Curb and Gutter for the unit price of dollars per linear foot. 6 10 1,665 L.F. Remove Concrete Curb for the unit price of dollars per $3, linear foot. 3, 11 13,275 S.F. Remove Asphalt Pavement for the unit price of dollars per square foot. 12 L.S. Remove Catch Basin for the lump sum price of dollars. Co. 00 13 16 EA. Remove Tree for the unit price of dollars per each. $ '/e5e7-b® $ ll� Zee>.ek2� 14 3 EA. Relocate Streetlight for the unit price of dollars per each. $� 15 1 EA. Relocate Shopping Center Sign for the unit price of $ % �. d� $ 7. dollars per each. 16 2 EA. Relocate Fire Hydrant for the unit price of dollars per $ Z/' each. 17 2 FA. Relocate Trash Receptacles for the unit price of dollars per each. 18 200 S.F. Remove and Replace Brick Paver Sidewalk for the unit price of $ �'> $` dollars per square foot. 19 8 EA. Adjust Utility Cover/Box to Grade for the unit price of dollars per each. $ S2,5" 0 a $ 24 1 EA. Adjust Manhole to Grade for the unit price of dollars $800.0(0 $ �® per each.. 21 22,600 S.Y. Construct Seal Coat for the unit price of dollars per $ $ square yard. ��� 22 270 Tons Construct Asphalt Concrete Pavement Base Course (III -B2 -PG 64-10) for the $ $ unit price of dollars 86%oo , � �. �� per ton. Construct Asphalt Concrete Pavement 23 120 Tons Finish Course (I11 -C2 -PG 64-10) for the $ a $ / �S unit price of dollars r per ton. 24 560 C.Y. Construct Crushed Miscellaneous Base for the unit price of dollars per cubic yard. $ $.4Z,1Z • Ve> 25 855 L.F. Construct Concrete Curb and Gutter, Type C-8 for the unit price of $ za m &45 dollars per linear foot. 26 260 L.F. Construct Concrete Curb, Type A-6 for the unit price of dollars per linear foot. $ ' $c ,p 6 06 27 760 L.F. Construct Concrete Curb, Type A-8 for the unit price of dollars f �� �d $ per linear foot. 28 2,650 S.F. Construct Concrete Driveway for the unit price of dollars per square foot. 29 4,450 S.F. Construct Concrete Paver Sidewalk for the unit price of dollars per square foot. $ Z p 30 725 S.F. Construct Concrete Sidewalk for the unit price of dollars per square foot. 31 150 S.F. Construct Concrete Curb Ramp for the unit price of dollars$ square foot. b $� ZDV per 32 LS. Construct Catch Basin for the lump sum price of dollars. $:Zt vvm'% 33 L.S. Traffic Signal Modification (Carnino Capistrano/Del Obispo Street) for the lump $ 7Zj Obo. 06 stun price of dollars. 34 L.S. Emergency Vehicle Preemption (Plaza Drive/Del Obispo Street) for the lamp sum of dollars. ~� $ /1 » vb price 35 L.S. Traffic Signing and Striping for the lump sum price of dollars. $ Al, ?DO,, 4Q 36 L.S. Install Landscaping for the lump sure. Q� price of dollars. 37 L.S. Install Irrigation System for the lump sum price of dollars. X31 a Od , 38 L,S. 120 Day Landscape Maintenance and Plant Establishment for the lump sum 2, JdO-e® price of dollars. Alt. 4,450 S.F. Construct Concrete Sidewalk for the unit 39 price of dollars p s per square foot. Alt. 4,450 S.F. Construct Colored and Stamped 40 Concrete Sidewalk for the unit price of . $ �~� �� $ 741 ` o� dollars per square foot. Total Base Bid Price for Bid Items 1 through. 38, (Enter here and on page 3) Words $ E6 Figures Total Alternate #1 Bid Price for Bid Items 1 through 28, 30 through 38, and 39 (Enter here and on Page 3) Words $5e5.z iq, on Figures Total Alternate #2 Bid Price for Bid Items I through 28, 30 through 38, and 40 (Enter here and on Page 3) Words 9 -S?4 ,– ! L.5-6 — Figures NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) SS. County of orange Joseph Nancy, beim first duly sworn deposes and says that lie is President of Elite Bobcat Service, Inc. the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said 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 said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his 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 in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: 05/19/2009 SIGNATURE Joseph Nanci, President On this the day of , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) subscribed to the within instrument, and acknowledge that executed it. WITNESS my hand and official seal. Notary Public in and for said State 10 State of California County of On before me, @ , a notary public, personally appeared Mio proved to me on the basis of satisfactory evidence to be the person ose name] 's . subscribed t the witbin instrument and acknowledged to e t t h�e � A( -,y executed the same in is /��rei?r authorized capacity.), and that by his Choir signatureN on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hail and official seal. DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Governent Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Address Phone Elite Bobcat Service, Inc BIDDER'S NAME AUTHORIZED SIGNATURE Joseph Nanci Item of Work Sub -contractor License No. & Classification z. AAV 6QW- 3. 1?— A.L,�V_4) P /%&--,' 4. mfiy J. 6. 7. 8. Address Phone Elite Bobcat Service, Inc BIDDER'S NAME AUTHORIZED SIGNATURE Joseph Nanci INSTRUCTION TO BIDDERS Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination of Plans Sp ecifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction 2006 Edition including all Supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City of San Juan Capistrano or any of its officers or agents be liable for any loss sustained by the contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Inte retation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City of San Juan Capistrano will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. 12 DiWualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf Proposal Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be property filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. AIternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City of San Juan Capistrano may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City of San Juan Capistrano for such a sum of not less than ten percent (10%) of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City of San Juan Capistrano as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City of San Juan Capistrano and, if the bidder shall fail to execute said contract, said surety will pay to the City of San Juan Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the suns of ten percent (10%) of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. 13 G. Bids shall be delivered to the City of San Juan Capistrano at the location stipulated on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids, Qpening of Bid Proposals The City of San Juan Capistrano will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or„Rejection of Bids No bidder may withdraw his bid for a period of ninety (90) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the ninety (90) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice inviting Bids.” The City of San Juan Capistrano, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute two copies of the written contract with the City of San Juan Capistrano and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid opening date. The contract shall be made in the form adopted by the City of San Juan Capistrano. The release of the successful bidder's surety deposit shall be made upon the City of San Juan Capistrano's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. 14 If the bidder to whom the award is made fails to eater the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall fimlish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract, Said bonds shall be secured from a surety company selected from the surety companies set forth in the standard specifications. Bonds must be submitted on the forms contained in these specifications. Time Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of ninety (90) calendar days from the date specified in the Notice to Proceed has been set for completion of the work, and one hundred twenty (120) calendar days thereafter for the landscape maintenance. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assigqment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wanes Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages, Wages shall not be less than prevailing wage rates determined by the City of San Juan Capistrano pursuant to said. Code and as listed in the "Notice Inviting Bids." Construction Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefor. The Contractor will be required to execute a no fee City Encroachment Pen -nit for construction work under this contract. This Encroachment Permit does not satisfy the requirement for transportation permits for overload or overweight vehicles. The Contractor shall contact the Engineering Division for issuance of these permits, which will be issued no fee. is BOND 408739262 PREMIUM NTL BID.BOND KNOW ALL MEN BY THESE PRESENTS, that we, ELITE BOBCAT SERVICE, INC. , as PRINCIPAL, and FIDELTTY AND -DEPOSIT COMPANY OF MARYLAND as SURETY, hereinafter Galled Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of * for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,. jointly and severally, fairly by these presents. * TEN PERCENT OF AMOUNT BID (10%) THE CONDITION OF -THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated MAY 20,2009 _• for the construction of. Carnin Ca istMngJQel Obis o Street Intersection lrn rovement Proiect _ CIP 111 for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days, after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and effect. Further, as apart of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in ,any judgment rendered. Executed this 18TH day of MAY , 2009, at AHEIM , California. APproved as to form: Omar Sandoval, City Attomey ELITE BOBCAT SERVICE* INC. Principal By: ,-77 —� 77 Title: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety .... . .. .... . ....... . By: / RICHARD A. COON Title: ATTORNEY-IN-FACT (Notarization and Seal) jW-M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Oran e } On 5--18-49 Dale before me, Lexie Sherwood No Public Here Insert Name and Title of the Qtficer personally appeared Richard A. Coon Name(s) of Signer(s) <, LEXIE SHERWOOD Is GC3mM, #1593951 _ NOTARY Pk74klC q� GA;.IFi RMA 0 7 ORANGE COUNT' ~" Comm, Exp. Jt1t.Y 27, 2009 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 instrument the person(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 California that the foregoing paragraph is true and correct. Witness my hand and ficial seal. Signature Place Notary Seal Above Signature "o114Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ------Title(s):_ ❑ Partner ------ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer -- Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing- V2007 epresenting: V2007 Natlonal Notary Association • 9,350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 8 1 31 3-240 2 • www.NationaiNotaiy.org Item #5907. Reorder; Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice .]?resident, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e cos by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB ' n e =0017, all of Anaheim, California, EACH its true and lawful agent and na tz d deliver, for, and on its behalf as surety, and as its act and deed: any an V n � xecution of such bonds or undertakings in pursuance of these presen l,� 4 in cam,( i `[�p!� , as fully and Limply, to all intents and as .if the had been d t �ackn h gularly elected officers of the Company at its office purposes, Y in Baltimore, Md., i p per s attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, L. a ew 11. FLAKE, Lexie SHE RWOOD, dated November 7, 2005. The said Assistant a e�certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -L s said Company, and is now in force_ IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: aA w State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric U. Barnes Assistant Secretary By: William .1. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. itf�Il"�311!'SiYie POA-F 012-4150H Constance A. Duan Notary Public My Commission Expires: July 14, 2011.. State of California County ofs . . On ` y before me, , a notary public, personally appeared , o proved to me on the basis of satisfactory evidence to be the person ose name is e subscribed t e within instrument and acknowledged to e t ht�s��ey executed the same in is lzm their authorized capacity% and that by i is et4h#ir signatur"Non the instrument the persons, , or the entity upon behalf of which the personacted, executed the instrument. I certify under PENALTY OF PERJURY -under the laws of the State of California that the foregoing is true and correct. Witness my ha and official seal. Signature