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Exhibit DR 1

Civil Construction, LLC 2 year report Principals

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EXHIBIT DR1, PG 001

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EXHIBIT DR1, PG 002

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Exhibit G.

Two Recent Contracts wherein CNA, Inc was low Bidder

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EXHIBIT J

Table I Factors Establishing a RICO Enterprise

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UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA
JOHN C. CHEEKS, et al
Plaintiffs
v.
FORT MYER CONSTRUCTION
CORPORATION, et al.,
Defendants.

)
)
)
)
)
)
)
)

Case No. 14-CV-00914 (RCL)

Footnotes to Table 1.
1.

All entities had a common purpose which was, and is, to obtain by illegal actions and fraudulent means DC Government contracts. Additional
specific purposes for each entity are added when appearing in Corporate documents of record.

2.

The Boyle, supra case places emphasis upon actual inter - workings of functions and activities of the individual entities, on a continuing
longevity basis sufficient to demonstrate a long-term viable operation amounting to a real overall objective of the RICO Enterprise via
co-operation . Such relationships are clear from these table taken as a whole. Boyle, supra eliminated the heightened standards and extra textual
requirements previous to Boyle required by some circuits (DOJ Manual at pg. 11, 1)

3.

The Court indicated that although a RICO enterprise must have some longevity "long enough to pursue a course of conduct, nothing in RICO
exempts an enterprise whose associates engage in spurts of activity punctuated by periods of quiescence." Id. (Extracted From DOJ Manual at
page 7, 2)

4.

Additionally, it is important to note what the Court stated was not required to establish an enterprise: a structural "hierarchy," "role
differentiation," a "unique modus operandi," a "chain of command," "professionalism and sophistication of organization," "diversity and
complexity of crimes," "membership dues, rules and regulations," "uncharged or additional crimes aside from predicate acts," an "internal
discipline mechanism," "regular meetings regarding enterprise affairs," an "enterprise `name,"' and "induction or initiation ceremonies and
rituals." 129 S. Ct. at 2245 (quoting Petitioner's Briefs and Oral Argument Transcript).
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TABLE 1
ESTABLISHMENT OF THE EXISTENCE OF A RICO ENTERPRISE
This Table is prepared under the guidelines set forth in the Department of Justice Manual for Federal Prosecutors in Appendix III, (DOJ Manual)
following the Supreme Court Case of Boyle v. United States, 556 U.S. 938, 129 S. Ct 2237 (2009). Extracted from DOJ Manual, Id, pg. 4
Date

On or About
Jan 1, 2001

Entity

Jose
Rodriguez-CEO

On or About
Jan 1, 2001
Francisco R. Neto

On or About
Jan 1, 2001

Lewis Shrensky

Purpose

-and to manage the


enterprise

-and to manage an
enterprise
company

-and to manage an
enterprise
company

Relationships
Executive of Interlocking
Companies
FMCC, (Pres.,Board of
Directors or BD);
Civil Const. LLC (BD);
Anchor Const.(BD)
Rodriguez Family

Executive of Interlocking
Companies
Capitol Paving of DC
( Pres. Treas. BD);
FMCC, VP,BD;
Rodriguez Family

Executive of Interlocking
Companies
FMCC, (Treas. Sec.,BD);
Civil Const. LLC ( BD)

Longevity
> 39 years
Appointed
1974

Other

Explanation/Document-Reference

Exhibit O Defendants Affiliation Matrix

Complaint Original Exhibit F


Exhibit S1 pgs 4,5 Longevity

>25 years

Exhibit O Defendants Affiliation Matrix


Complaint Original Exhibit F
Exhibit S3 pg 11 (since 1985
> 39 years
Appointed
1974

Exhibit O Defendants Affiliation Matrix


Complaint Original Exhibit F
Exhibit S1 pgs 4,5 Longevity

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1985

-and to manage an
enterprise
Florentino Gregorio
company

2002

Dora Rodriguez
(Cooper)

1987

Aurora Rodriguez

1985

Cristina R.
Gregorio,(Minton)

-and to assist
managing a
company and
silence Ms.
Gallardo
-and to manage an
enterprise
company
-and to manage an
enterprise
company

Executive of interlocking
companies
Anchor Cont ( Pres. Sec)
Rodriguez Family
Executive of interlocking
companies
Hawk Enterprises
Rodriguez Family
Executive of interlocking
Companies. Member
Board of Directors
Executive of interlocking
companies

>20 years

.>12 years

>20years

>20 years

Exhibit O Defendants Affiliation Matrix


Complaint Original Exhibit F
Exhibit S2 Owner pg 1

Exhibit S1, pg14(FMCC employee)


Exhibit DR1 (Civil Board of Directors)

Complaint Original Exhibit F


Exhibit S1, pg 6(FMCC Employees 2012)

Exhibit O Defendants Affiliation Matrix

Complaint Original Exhibit F

Exhibit S1, pg14(FMCC Employee 2012)

Anchor Cont ( Pres. Sec)


Rodriguez Family

Exhibit S1 pgs, 10(for year) 11,12

March 6, 2008 SRN

- and common
owners lease
property to RICO
Enterprise

owners Shrensky,
Rodriguez and Neto

10 years at
least since
2004

1974 to
present

-and to perform
contracts

Interlocking company by
execs. and family

1974-pres
>39 years

Complaint Original Exhibit F

< 25 years

Complaint Original Exhibit F

Investors( Partners)

On or About
Jan 1, 2001

Fort Myer
Construction
Anchor
Construction,
Formerly C&F
Construction.

-and to share
personnel and
equipment 5

Interlocking company by
execs. and family

Date appears to be a family lease


arrangement to corporation for land
where plant is located.
Exhibit O Defendants Affiliation Matrix
Exhibit S1, pg1
Exhibit O
Exhibit S2, pg 1(Date Established)
Gallardo Affidavit
Name changed from C&F Construction to
Anchor Construction Feb 1, 2005

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On or About
Jan 1, 2001
On or About
Sept 13, 2000

On or About
Jan 1, 2002

On or before
Jan 1, 2008

Capitol Paving of
DC

Civil Construction
LLC, formerly
FMC Civil

Hawk Enterprises.

-and to perform
contracts

Interlocking company by
execs. and family

-and to perform
contracts

Interlocking company by
execs. and family

-and to perform
contracts a shell
company when
FMCC debarred

Interlocking company by
execs. and family: Dora
Rodriguez

-and to provide
CNA Financial Corp. bonds enabling
dba CNA Surety
firms to bid

On or before
Jan 1, 2004

RICO Enterprise

On or About
May 14, 2009

-lease property to
Anchor
Anchor
Development of DC
LLC

Insurance provider to
RICO Enterprise
companies

>25 years

Complaint Original Exhibit F Exhibit O

Add Dora to FM from


Exhibit S3pg 11(>25 yrs)

From at
least 2004

Complaint Original Exhibit F. Exhibit O

Exhibit DR1 Dora R. Board of Directors


Rodriguez and Shrensky family
Longevity DOT History of Awards Table
here,
Gallardo Affidavit
(Reference page 71, of Original Exhibits list)
Witness Juanita Gallardo testified that she
was paid by a FM Civil (C&F) (Anchor)
while her tenure at Hawk during the relevant
period

>20 years

Exhibit S2 pg
DCLLC Company which leases property
to Anchor

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Supplement to Table 1: Longevity


1. History of Construction Companies Awards Table
This Table is derived from Department of Transportation, indicates the longevity of the major construction companies of the RICO Enterprise
2001-2009
Ref. Contract or IFB
No.
No.
Company with Low Bid
Est. Date
1 01-0160-AA-2-0-KA
Capitol Paving of D.C., Inc.
2001
2 01-0098-AA-2-0-KA
Fort Myer Construction Corp.
2001
3 00-0171-AA-2-0-KA
Fort Myer Construction Corp.
3/7/2002
4 01-0134-AA-2-0-KA
Fort Myer Construction Corp.
3/14/2002
5 02-0045-AA-2-0-KA
Capitol Paving of D.C., Inc.
3/27/2002
6 01-0157-AA-2-0-KA
Fort Myer Construction Corp.
4/17/2002
7 02-0037-AA-2-0-KA
Capitol Paving of D.C., Inc.
4/18/2002
8 02-0024-AA-2-0-KA
Capitol Paving of D.C., Inc.
5/5/2002
9 KA2004B0010JJ
Fort Myer Construction Corp.
5/12/2004
10 KA2003B0070JJ
Civil Construction LLC
7/27/2004
11 KA2004B0018JJ
Civil Construction LLC
12/15/2004
12 POKA2004B0026VH
Fort Myer Construction Corp.
4/5/2005
13 KA2003B0073JBW
Civil Construction LLC
5/5/2005
14 2003B0074FH
Fort Myer Construction Corp.
5/26/2005
15 KA2005B0016LS
Fort Myer Construction Corp.
7/8/2005
16 POKA-2004-B-0044-CR
Fort Myer Construction Corp. 10/13/2005
17 KA2005B002JJ
Civil Construction LLC
1/24/2006
18 KA2005B0015LS
Capitol Paving of D.C., Inc.
4/5/2006
19 KA2005B0030-FH
Civil Construction LLC
4/19/2006
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20 2005B0019LS
21 KA2005B0044JJ
22 KA2005B0029LS
23 KA2006B0008JJ
24 KA2004B0020CB
25 KA2006B0002VH
26 KA2006B0099JJ
27 KA2006B0012JJ
28 KA2007B0033
29 POKA-2005-C-0031-CB
30 KA2006B0013
31 KA2007B0137
32 KA2007B0121
33 KA2008B0098
34 2008B0104
35 DCKA2009-B-0025
36 DCKA2009-B-0183
37 DCKA2008-B-0120
38 DCKA2009-B-0100
39 DCKA2009-B-0092
40 DCKA2009-B-0193

Capitol Paving of D.C., Inc.


Capitol Paving of D.C., Inc.
Fort Myer Construction Corp.
Capitol Paving of D.C., Inc.
Fort Myer Construction Corp.
Fort Myer Construction Corp.
Fort Myer Construction Corp.
Fort Myer Construction Corp.
Capitol Paving of D.C., Inc.
Capitol Paving of D.C., Inc.
Anchor Construction Corp.
Civil Construction LLC
Fort Myer Construction Corp.
Civil Construction LLC
Fort Myer Construction Corp.
Fort Myer Construction Corp.
Fort Myer Construction Corp.
Civil Construction LLC
Fort Myer Construction Corp.
Fort Myer Construction Corp.

7/10/2006
9/6/2006
10/3/2006
10/4/2006
10/17/2006
1/11/2007
3/21/2007
7/12/2007
7/20/2007
8/20/2007
2/25/2008
4/9/2008
6/10/2008
7/2/2008
8/18/2008
3/18/2009
7/29/2009
8/28/2009
9/18/2009
9/22/2009

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Exhibit K

Table II-Criminal Violations by RICO enterprise

121

Case 1:14-cv-00914-RCL Document 101-10 Filed 03/09/15 Page 1 of 7


Table 2 Criminal Violations by the RICO Enterprise
Part 1 Signing of Non-Collusion Affidavits
The Non-Collusion Affidavits, required and submitted with each Invitation for Bid (IFB), was a false document
when signed by the construction company bidder, and its authorized signatory. If in fact as here (demonstrated
by witness Gallardos testimony) collusion had occurred, then, the signing of the Affidavit would be a criminal
violation under a District of Columbia law, likely qualifying as a criminal act of perjury and or/ uttering, along with
criminal conspiracy in violation of the Sherman and Clayton Anti Trust Acts.
The standard bidding procedures before signing the Non-Collusion Affidavit, as attested to by Gallardo, (book
keeper for Hawks Enterprise whos salary was paid by an alleged competitor FMC Construction now Anchor
Construction Corporation ) demonstrate the conspiracy process and the false swearing as a matter of continuing
practice as follows:
For about 15 years the RICO enterprise modus operand is described by a former insider, former insider, witness/
prospective plaintiff, Juanita Q. Gallardo, as recorded in sworn statements caused to be transcribed by
undersigned counsel.
Gallardo's statements describe the standard procedure for bidding on contracts at the time she was the
bookkeeper for one of the group of centralized accountants for the participants in each official bid. First the
estimators for FMCC would develop bid numbers for all of the bidding participants. The numbers for bidding
would be delivered to each companies office by Courier, the Couriers name was Antonio Bras. After Bras was
incarcerated on a bribery charge, the new Courier was another person named Rodriguez. Next the individual
bidders would prepare their individual bids with their coordinated plan set by Fort Myer Construction Company.
(Ref. expected testimony of witness Gallardo).
Once completed each bid would be submitted to the agency (DOT or DCWASA) in accordance with the procedures
for that particular IFB. Part of the bidding documents was the inclusion of the Non-Collusion Affidavit under oath
signed by each of the companies representatives.
This table should be used in conjunction with Table 1, in that it alleges the fact of the criminal violations meeting
the requirement of two criminal acts within a ten year period of time 18 U.S.C. Sec. 1961 1A (5).

The second column in the following table contains the Company or Name of the Individual who
Plaintiffs allege have committed an alleged Criminal Act by signing and/or filing and or approving a
false Non-Collusion Affidavit. (Plaintiffs submit that each false non-collusion affidavit filed with the
District of Columbia bidding officials is a criminal violation involving perjury and or uttering and/or
Common Law Fraud as well as a RICO enterprise act by each signatory of each such false non-collusion
affidavit.) Accordingly, each bidder is listed following first by Individual and/or Company Name,
associated with that particular invitation for bid (IFB). Accordingly, for each false IFB
every person or Corporation participating in that deceptive sworn event has in fact performed a
criminal act within the definitions of the Federal and State law as Ordered to be particularized by the
Court.

1
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Case 1:14-cv-00914-RCL Document 101-10 Filed 03/09/15 Page 2 of 7

Violations
(see Endnote No. 1 for
applicable Statutory or
Common Law definitions)

IFB Non Collusion


Affidavit was
Submitted

Item

2
3
4
5
6
7
8
9
10
11
12
13
14

Perjury and/or Uttering and/or Conspiracy in


filling Non-Collusion Affidavits

Date, (on
or about)

Location

Jose Rodriguez

Supporting
Exhibits
(NON-Collusion
Affidavits) and
(Gallardo
Testimony)
referenced
immediately
forgoing.

IFB 080020
IFB 090080
IFB 0900201
DCKA-2013-B-0029

8/19/2008
3/24/2009
4/1/ 2009
3/18/2013

DCWASA Bid Room DC

IFB 080020
IFB 090080
IFB 090020
DCKA-2013-B-0029

8/6/ 2008
3/ 25/2009
4/1/ 2009
3/18/2013

DCWASA Bid Room DC

IFB 0800201
IFB 0900201
IFB 0900801

8/19/2008
4/1/ 2009
3/25/2009

DCWASA Bid Room DC

IFB 080020
IFB 09080
DCKA-2013-B-0029

8/19/2008
3/24/2009
3/18/2013

DCWASA Bid Room DC

DOT Bid Room DC

Exhibit NC1, pg 12
Exhibit NC1, pg 4
Exhibit NC1, pg 3

IFB 080020

8/ 6/2008

DCWASA Bid Room DC

Exhibit NC1, pg 11

21

IFB 090020

4/ 1/2009

DCWASA Bid Room DC

Exhibit NC1, pg 6

22

DCKA-2013-B-0029

3/15/2013

DOT Bid Room DC

Exhibit NC1, pg 2

IFB 080020
IFB 090080
IFB 090020
DCKA-2013-B-0029

8/19/ 2008
3/ 25/2009
4/1/2009
3/18/2013

DCWASA Bid Room DC

Exhibit NC1, pg
Exhibit NC1, pg 9
Exhibit NC1, pg 5
Exhibit NC1, pg 1

15
16
17
18
19
20

23
24
25
26
27

DCWASA Bid Room DC


DCWASA Bid Room DC

DOT Bid Room DC

Exhibit NC1, pg 12
Exhibit NC1, pg 4
Exhibit NC1, pg 7
Exhibit NC1, pg 3

Francis R. Neto
DCWASA Bid Room DC
DCWASA Bid Room DC

DOT Bid Room DC

Exhibit NC1, pg 13
Exhibit NC1, pg 9
Exhibit NC1, pg 5
Exhibit NC1, pg 1

Lewis Shrensky
DCWASA Bid Room DC
DCWASA Bid Room DC

Exhibit NC1, pg 10
Exhibit NC1, pg 7
Exhibit NC1, pg 8

Fort Myer
Construction Co.
DCWASA Bid Room DC

Anchor Construction

Capitol Paving of DC
DCWASA Bid Room DC
DCWASA Bid Room DC

DOT Bid Room DC

2
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28
29
30
31
32
33
34
35
36
37
38
39
40

Civil Construction LLC


IFB 080020
IFB 090020
IFB 090080
DCKA-2009-B-O193

8/18/ 2008
4/1/ 2009
3/ 25/2009

IFB 080020
DCKA-2013-B-0029
IFB 090020

8/ 6 2008
3/15/2013
4/ 1/ 2009

DCWASA Bid Room DC

8/ 6 2008
4/ 1/ 2009
3/15/2013

DCWASA Bid Room DC


DCWASA Bid Room DC

DCWASA Bid Room DC


DCWASA Bid Room DC
DCWASA Bid Room DC

DOT Bid Room DC

Exhibit NC1, pg 10
Exhibit NC1, pg 7
Exhibit NC1, pg 8
Exhibit NC1, pg

Florentino Gregorio
DOT Bid Room DC
DCWASA Bid Room DC

Exhibit NC1, pg 11
Exhibit NC1, pg 2
Exhibit NC1, pg 6

Cristina R. Gregorio,(Minton)
IFB 0800201
IFB 0900201
DCKA-2013-B-00291

41
42
43

DOT Bid Room DC

Exhibit NC1, pg 11
Exhibit NC1, pg 6
Exhibit NC1, pg 2

44
45

Dora Rodriguez (Cooper)


Notes
1. This footnote indicates that the Chief Executive or Principal of this company did not sign this
particular Non-Collusion Affidavit but was signed by a subordinate in the Corporation.

3
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Table 2 Criminal Violations by the RICO Enterprise:


Part 2 History of Contract Awards Table - Longevity
The history of contract awards, from the Department of Transportation, indicate the longevity
of the major construction companies in the RICO Enterprise
No.

Ref. Contract or IFB


No.

Company with Low Bid

Est. Date

01-0160-AA-2-0-KA

Capitol Paving of D.C., Inc.

2001

01-0098-AA-2-0-KA

Fort Myer Construction Corp.

2001

00-0171-AA-2-0-KA

Fort Myer Construction Corp.

3/7/2002

01-0134-AA-2-0-KA

Fort Myer Construction Corp.

3/14/2002

02-0045-AA-2-0-KA

Capitol Paving of D.C., Inc.

3/27/2002

01-0157-AA-2-0-KA

Fort Myer Construction Corp.

4/17/2002

02-0037-AA-2-0-KA

Capitol Paving of D.C., Inc.

4/18/2002

02-0024-AA-2-0-KA

Capitol Paving of D.C., Inc.

5/5/2002

KA2004B0010JJ

Fort Myer Construction Corp.

5/12/2004

10

KA2003B0070JJ

Civil Construction LLC

7/27/2004

11

KA2004B0018JJ

Civil Construction LLC

12/15/2004

12

POKA2004B0026VH

Fort Myer Construction Corp.

4/5/2005

13

KA2003B0073JBW

Civil Construction LLC

5/5/2005

14

2003B0074FH

Fort Myer Construction Corp.

5/26/2005

15

KA2005B0016LS

Fort Myer Construction Corp.

7/8/2005

16

POKA-2004-B-0044-CR

Fort Myer Construction Corp.

10/13/2005

17

KA2005B002JJ

Civil Construction LLC

18

KA2005B0015LS

Capitol Paving of D.C., Inc.

19

KA2005B0030-FH

Civil Construction LLC

4/19/2006

20

2005B0019LS

Capitol Paving of D.C., Inc.

7/10/2006

21

KA2005B0044JJ

Capitol Paving of D.C., Inc.

9/6/2006

22

KA2005B0029LS

Fort Myer Construction Corp.

10/3/2006

23

KA2006B0008JJ

Capitol Paving of D.C., Inc.

10/4/2006

24

KA2004B0020CB

Fort Myer Construction Corp.

10/17/2006

25

KA2006B0002VH

Fort Myer Construction Corp.

1/11/2007

26

KA2006B0099JJ

Fort Myer Construction Corp.

3/21/2007

27

KA2006B0012JJ

Fort Myer Construction Corp.

7/12/2007

28

KA2007B0033

Capitol Paving of D.C., Inc.

7/20/2007

29

POKA-2005-C-0031-CB

Capitol Paving of D.C., Inc.

8/20/2007

30

KA2006B0013

Anchor Construction Corp.

2/25/2008

31

KA2007B0137

Civil Construction LLC

1/24/2006
4/5/2006

4/9/2008

4
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32

KA2007B0121

Fort Myer Construction Corp.

6/10/2008

33

KA2008B0098

Civil Construction LLC

34

2008B0104

Fort Myer Construction Corp.

8/18/2008

35

DCKA2009-B-0025

Fort Myer Construction Corp.

3/18/2009

36

DCKA2009-B-0183

Fort Myer Construction Corp.

7/29/2009

37

DCKA2008-B-0120

Civil Construction LLC

8/28/2009

38

DCKA2009-B-0100

Fort Myer Construction Corp.

9/18/2009

39

DCKA2009-B-0092

Fort Myer Construction Corp.

9/22/2009

7/2/2008

5
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Case 1:14-cv-00914-RCL Document 101-10 Filed 03/09/15 Page 6 of 7

Table 2 Criminal Violations by the RICO Enterprise:


Part 5 History of Bribery
Violator
Florentino Gregorio
Fort Myer Construction
Co

Bribery

Code:

Pleaded Guilty to bribing city


inspectors
Fort Myer Construction Corp., which
had received a three-year
suspension in April, 2003 after two
employees were convicted of bribing
city highway inspectors

2002

DC

2003

DC

Washington Post
Article
Washington Post
Article

6
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Case 1:14-cv-00914-RCL Document 101-10 Filed 03/09/15 Page 7 of 7

Table 2 Alleged Criminal Violations by the RICO Enterprise:


Part 6 Violent Acts
Violation

Rico Violent Acts

Item Defendant Document or Event

RICO
Enterprise

Vehicle Tampering: wheel fell off car Cheeks


was driving from Control Arm Ball Joint.

Vehicle Tampering: wheel fell off car Cheeks


was driving from Control Arm Ball Joint.

Vehicle Tampering: wheel fell of bus Cheeks


was driving. Bolts loosened.

Vehicle Break in Cheeks was driving when


parked.

Death Threat

Violation:
Date, (on or
about)

Location

Supporting Exhibit
Exhibit V1 Photos
Exhibit V2 NHST Admin

9/21/2012

Deanwood, DC

Summer Fall
2012

1110 6th St. NW,DC

Exhibit V1 Photos
Exhibit V2 NHST Admin

July- August
2012

Penn. Ave NW, DC

Witness:
Wayne Greenwich

8/23/13

1111 6th St NW, DC

Exhibit P1 Police Rpt.

DuPont Circle, DC

Exhibit P1 Police Rpt.

2/27/2010

Comment

NOTE: Evidence exists in the form of photographs and supporting testimony for all of the above.

7
128

Exhibit L

Table III Gallardo Sworn Statements-Excerpts

129

Case 1:14-cv-00914-RCL Document 101-11 Filed 03/09/15 Page 1 of 3

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
JOHN C. CHEEKS, et al
)
)
Plaintiffs
)
Case No. 14-CV-00914 (RCL)
v.
)
FORT MYER CONSTRUCTION
)
CORPORATION, et al.,
)
)
Defendants.
)
__________________________________________)
Table III. EXCERPTS-SWORN STATEMENTS OF GALLARDO
According to Gallardo during her tenure at Hawk 2003-2005a period in which Fort
Myer Construction Corporation (FMCC) was debarred from federally subsidized infrastructure
contractsFMC Civil (Now Civil Construction Company-LLC) did collude with FMCC and the
pooled companies at the Beaver Road location (i.e., Hawk, C&F Construction and DC Line, Inc.)
to share equipment, resources and personnel, and to coordinate bids in unlawful subversion of the
federal court debarment order and District of Columbia government statutes and rules.
Upon being duly sworn, on April 9, 2012, the following [extracted] statements, inter-alia,
representing attorneys work product were elicited from Gallardo in response to undersigned
counsels questions:
Charlton: So, I want you to reorient your story and tell us who is the boss and who
are the subordinates, and how does it work.

Gallardo: Fort Myer [FMCC] obviously is [at] the top, so to speak. From Fort
Myer, five companies...operated kind of from the same money, which was DC

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Case 1:14-cv-00914-RCL Document 101-11 Filed 03/09/15 Page 2 of 3

Line, Hawk Enterprises, C&F Construction...[and] FMC Civil, which is now Civil
Construction....FMC [Civil] changed their name because...of the debarment
troubles that Fort Myer was having....
Charlton: And how do you know that?

Gallardo: Um, the articles of incorporation. When [I] originally came on board, it
was around the time that the divorce was happening....

Charlton: Who was separating?


Gallardo: Uh, Florentino Gregorio [the current president of Anchor Construction
Corporation, formerly C&F Construction, and then-husband of Cristina Rodrigues
Gregorio] and Cristina [Gregorio] Rodrigues....They were separating the assets of
the company [C&F Construction] at the time....Joe [Jose] Rodrigues needed to
know what [accounts payable were] open [and] what receivables [were
pending]...because basically he was the front...the big money....
Charlton: Jose Rodrigues?
Gallardo: Jose Rodrigues, yesthe part owner of Fort Myer Construction. Um, he
needed to know where the companies all stood. So, we all had to do
financials...for all the companies.

Charlton: And you were privy to all that?


Gallardo: Yes....[and, more], the chief estimators would meet with Mr. Rodrigues
and the other superintendents from Fort Myer....Obviously they couldnt do it
under Fort Myer, so...we needed to bid the work out...[and as to who was
involved], FMC Civil. Most of those went to FMC Civil....
-2131

Case 1:14-cv-00914-RCL Document 101-11 Filed 03/09/15 Page 3 of 3

Charlton: Okay. Now, what other companies were involved in this at that time?
Gallardo: Uh, FMC [Civil] at the time, which is now Civil Construction, Hawk
and Fort Myers estimators did our numbers for those bids.

Charlton: So, Hawk turned in a bid; Fort Myer turned in a bid. Then they
2collaborated together?
Gallardo: Well, Fort Myer could not bid at that time. They were debarred,
remember? They just did the leg work of the numbers and the estimating...

Charlton: Okay. Well, who else turned in bids with Hawk?


Gallardo: Uh, FMC [Civil]

Charlton: So, Civil....Instead of the debarred company, they used Civil?


Gallardo: Yes

Charlton: Now, was there anybody else used?


Gallardo: Yes. Hawk.
Charlton: No, I mean anybody that you havent mentioned. For example, was
Anchor in on this?
Gallardo: C&F? Yes. C&F Construction bid the same. Yes....

Charlton: Did you see the C&F people in the room at the same time, discussing
the bid?
Gallardo: Um, no. The courier....Uh, Fort Myer had a courier, and his route was to
give us the same package....
Charlton: So, the courier from Fort Myer picked up the stuff at Civil and delivered
it to you?
Gallardo: Yes. (Various pages, April 9, 2012 recorded transcript from tape
recorded attorneys work product of that evening).

-3132

EXHIBIT O

Defendants Affiliation Matrix


Capital
Paving of DC Inc.* Ref
Owner
Pres
Francisco R. Neto
VP
Phuong Tran
Treas
Francisco R. Neto
Sect
Luis Neto
V. Pres
Incorp
Incorp
employee
Board
Francisco R. Neto
Board
Board
Board
Board

Fort Myer Construction


Corporation**

Jose Rodriguez
XTX 2007 Jose Rodrigues
XTX 2007 Francisco Rodrigues Neto
XTX 2007 Lewis Shrensky
XTX 2007 Lewis Shrensky

Ref

G&G, C&P Construction,


Anchor Construction***

FM - Civil Construction Ref

AI
AI
AI

Christopher Kearns

Dora Rodriguez (Minton)


XTX 2007 Jose Rodrigues
Francisco Rodrigues Neto
Lewis Shrensky
Barbara Shrensky
Aurora Rodriguez

Ref

SLBDC
CA 1974 Florentino Gregorio
CA 1974
CA 1974
CA 1974 Florentino Gregorio

CA 1974 Cristina Rodriguez Gregorio


CA 1974 Florentino Gregorio
CA 1974 Dana B Stebbins
EXTax 19 Jose Rodriquez
Francisco Rodrigues Neto

AI
AI
AI
AI
AI

Lewis Shrensky
Jose Rodriguez
Dora Rodriguez (Minton)
Lauren Shrensky
Jason Shrensky

MGR

AI

`
Source: Articles of Incorporation and Public Tax Documents Filed with the District of Columbia Government
* Relationships: Francisco Rodrigues Neto
i Jose Rodriguez - Brother to Francisco Rodrigues Neto
** Relationships: Jose Rodriguez
ii Francisco Rodrigues Neto Brother to Jose Rodrigues
***
iii
iv
v

Relationships: Dora Rodriguez (Minton)


Daughter of Jose and Aurora Rodriguez Board of Director, Civil and FMCC
Sister of Cristina Rodriguez
Relationships: Florentino Gregorio
Former husband of Cristina Gregorio

Relationships: Cristina R. Gregorio


Daughter of Jose and Aurora Rodriguez Board of Director, Anchor Construction Corp
Jose Rodriquez - Father of Christina R Gregorio
Francisco Rodrigues Neto - Uncle to Christina R. Gregorio
Former Husband of Florentino Gregorio

133

Exhibit P-1

Police Reports: Mercedes Break in and Threat at DuPont Circle

134

EXHIBIT P1, PG 001

135

EXHIBIT P1, PG 002

136

EXHIBIT P1, PG 003

137

EXHIBIT P1, PG 004

138

EXHIBIT S - 1

Fort Myer
Department of Small and Local Business
Development Applications
Excerpts

139

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 2 of 15

PrintReport

Page 2 of 12

Department

rE~i(jenceof Ab-U-lty-io"Qualify-'-NOT

LBE

QualifY-for

j (including aU documentation used to make detennination)


r"
I--~~~~m's
prin~:~I"OffiCe is

of Small & Local Business


CBE ANALYSIS REPORT

Development

~~-rt:W-~~~g~~.s~6"i.l~ie~Gfif!_a!ig-I~
__ --- ...------------------.-

I~~:;~~;;~~-:;::-;-...--------

--.-" - -----.-

.....---- ...,

_-_.,. -

_-.-. .

(check aU that apply)

1st: More

than 50% of assets in DC excluding bank account

L'J More

than 50% of employees are DC residents

![} More

than 50% of owners are DC residents

L?J More

than 50% of total sales or other revenues are derived in DC

List other supporting documents received


(i.e., DC taxes, lease/deed, driver's license. utility bill, etc .. );

A current DC Lease Amendment, Certificate of Occupancy for the current DC address, FY 2010 & 2009 DC SUB
Corporation Business Franchise and FY 2010 & 2009 Federal S Corporation Tax Returns because September ends the
company's fiscal year.

_--._ _ .._

..............................

- --------- ----.--- - -------..i-=:---..,--------DBE

i
N/A
l-----+------I ROB
i
j
~

j.."'''.,

------ ---------.------

! N'A
!
~.''''~-~___t__'''''
..'''''-.---~._u_----

I OZE

""

.m"."_ ....."'.,.__

. _."

_ ..

_"

'.'

----.- -..--- --

-..
- ---,....vv._.

., ... "" .

- .........

1\'

-..
------ --- ..----.

.~"'_

.,..

__

__

._

"

..........._

You are located in Enterprise and Empowerment


2237 33RD STREET NE

Zone: 10-20% Poverty level-

._._._,,

__

......;

Census Tract 90.2


.......................

39.00

# of Continuous Years in DC

From;

..

Li VO-S"-

I
! .--:-:-=---+!

2/14/1974

To

OCR/>.

Verification

of Tax Filings:

T & R Certificate of Good Standing

21

years in DC

,__ ,_..~~"' ..,... ,._,~....._~..._ ....

From:

~w '.,,_

, _

h _

__

~_."_.

2/812013

of Business RegistrationfLicense:

._._.m...'....._...._ ..

".v""~'i

yrs.

verttication

Taxes paid

._._.j_,

.'._"v.__ . _

FY 1989 thru 2010 DC Corporation Business


Franchise Tax Returns have a DC mailing and
business address listed.

Documents of Qualifying Applicant:


(Physical review of lax records and business reqislratlone

LME

" -----..-..--.."-----j

_._,:I

----

1i;;i989

To:

12/31/2010

',

I
I

NiA

--------

-------

-----

- -

------

---

--.--

---.,---

..-- -i
I

....._J_;o_it~_fi_I~:::~:~~_?~_c_~eCb!~:~:_:~_~_~_~_f~~~~::_~:~~:~sC~~:~~~~~~~a;~:I~_~~~:~::_

http://lsdbe,dslbd,dc,gov/application/Reports/ReportPage9,aspx

..(3~~~~d_d_re_s::"~:

__.

..

..

EXH IBIT S 1, PG 001 2/J 5/2013


140

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 3 of 15

Printkeport

Page 3 of12

Department of Small & Local Business Development


CBE ANALYSIS REPORT
IdentifiCation

of

Ov7ncrs----.----.- ..

Fort My~_!::9D_~!~uc~f.1_(;g:poration

m----

Resident Owned Business (ROB)


Owner Namel Home Address
...---

__ ..._

..__ _ _........

~!?~~~~y~~!~Q(l~.B..~~lr~~ssJ!?_BE)

J_.. ._

51

I, otornac
' 49,
i:
1_",_,,_,_' the
__ 854-1317
__.
Ability
Qualify/Not Qualify for ROB or DBE
_c

....

..

..-.-

.._........

R~~~~'~=r~G'=-=en=d'~e=r=;=====P=e=rs=o"'na=I=N=~=\~=~o=rt='h="='--="'='
.=
...=
.....
=;
....
\
"'m

. ----

, .......

--_

,-_

Male

....

N/A

Hispanic

, Caucasian

,Male

N/A

----- - ..---'
IEvidence of
to
(including documentation of residency & minority
[status, review of driver's license, personal & business tax returns, stock certificates, personal

i~!:'.~.t1-(;~:>..:.
elc.)_. __

..

.,

-.-.-- - -----

.._.__ ..

: % Owned!
DC Resident (Y/N)
.
..T-.-.-- ..----c------.--
---..- .

.. L

...-.-

._...

For ROB: N/A For DBE: N/A

http://lsdbe.dslbd.dc.gov/application/Reports/ReportPage9.aspxEXHIBITS1,PG

002

2/15/2013

141

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 4 of 15


PrintReport

Page 8 of 12

Department

of Small & Local Business


CBE ANALYSIS

I:nr<

of Management

M",,. r-

Development

REPORT

(1 Site Visit performed)

and Control

Based on:

i[~j

li}

Site Visit/Date

Other

(Y.j

2/8/2013

Review
Documentation

! Areas.::

ISite Visits

I responseto

to HdQtr.

'
Yes

; requires an explanation below

-:c>

The site visit reveals that the firm's principal office is physically located in the District of Columbia (describe below)

l't:J}

The offices of the firm's principal owners are located at the location (describe below)

(~

The record reflects that the firm has office locations in other jurisdictions

.,

(,

'..:

The firm is independently

(f

C)

()

':9:'

,;-~--::

()

(9~:

()

(':~:i

,;~t

C
<~<,

'.';',

(it

'2'

(::~:

H"
';',..-"

(explain below)

owned, operated and controlled.

.Zt~~

. A qualifying owner holds the highest position in the company.

firm has a UII'UII'\i

with UU''''

",,"S

.~ fir!ll. primecontraclors,

(i.e ..

A qualifying owner controls the firm/Board of Directors.

A qualifying owner controls the day-to-day operations 01 the firm.

loans, leases .

,~\

.)

'

C)

.. ~~'_,"Y_~W ..

A qualifying owner is responsible

10

A qualifying owner signs checks.

11

," . :,,- owner negotiates and signs contracts.

A non-ql~li.tyi~g~~.~er.
12

13

for the hiring and firing of employees.

other:

~~:~.:.~_ses tl::.~ecessary

licenses

i''-'j. skills

qualifying owner has outside employment.

C)

{)

.a-;

..

:~J

e'

.....

;'

\~>

'Z .

...-""'~

{j. education

'__
J.

critical to the operation of this business.

The qualifying owner possesses the ability 10 operate and controlll1e

1~=i.~J5~~:

P)

business.

If 'yes', please explain below

. , (Please expound on any of the above items and/or discuss other issues of importance)

..-.------

Fort Myer Construction Corporation is owned and operated by two (2) applicants (1) MD, (1) VA resident. The business
does qualify for CBE certification. Mr. Jose Rodriguez and Mr. lewis Shrensky are qualified, control the highest
positions in the company and have over a combined seventy (70) years of Construction Consulting. Construction & Project
Management, Maintenance & Repair Services. Installation and Removal Services experience.

http://lsdbe.dslbd.dc.gov/application/Rcports/RepoliPage9.aspxEXHIBITS1,PG

003 2115i2013

142

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 5 of 15


RECERTIFICATION

APPLICATION LISTING FOR Fort Myer Construction


M
'Vednesday, December 26, 2012

Business Information - Step 1


Business Name:
FEIN:
Applying For:
Business Structure:
Date Business Established:
Location of Incorporation:
Location Address 1:
Location Address 2:
Location City:
Location State:
Location Zip Code:
Principal Contact:
Contact Title:
Contact Phone:
Contact Email:

liIi!iI0nstruction

Corporation

Corporation

LBE , DZE , LRB , LME


Corporation
02/11/1974

Virginia
2237 33RD STREET NE
WASHINGTON
DC
20018-1594
Jose Rodriquez
President
(202) 636-9535
fortmyer@fortmyer.com

Secondary Contact:
Contact Title:
Contact Phone:
Contact Email:

Lewis F. Shrensky
Executive Vice President
(202) 636-9535
Ishrensky@fortmyer.com

Business
Business
Business
Business

(202) 636-9535
(202) 526-8572
fortmyer@fortmyer.com
fortmyer@fortmyer.com

Phone:
Fax:
Email:
Website:

Business Information - Step 2


Primary Business Activity
0% ConsultanUProfessional Service Provider
96.6%
ConstructionlContracting
3.4%
Manufacturer
0% Distributor
0% Wholesaler
0% Retail Service Provider
0% Service Provider
0% Financial Institution
0% Real Estate DeveloperlConstruction Manager
0%
Other (Please describe)
Total fixed (excluding cash or liquid) assets of the business
enterprise, and the value and percentage of fixed assets
located in the ~C.
Total Assets:
Total Fixed Assets:
Fixed Assets in DC:
Percentage of Fixed Assets in DC:

100.00 %

Gross Revenues - Last Three Years


Year
2009
2010
2011
Average:

Gross Receipts

Three largest contracts performed in the last three years:


Name of Contract

Prime/Sub Contractor Service Provided

FY10-Citywide Pavmt

Prime

Roadway/Sitework Construction $15,693,577.60

Amount

05/01/2012

Date Completed

Eastern Avenue Bridge

Prime

Bridge Restoration

$9,395,445.89

04/16/2012

Glover Park Streetscape

Prime

RoadlSidewalk/Lighting

$3,345~02.44

11/05/2012

EXHIDIT S1, PG 004

143

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 6 of 15


Corporate Ownership - Step 3
List the totalnumber of employees, and correspon
') number of employees who are resident,
. the District of Columbia and on
payroll with the enterprise for the three preceding '} AS:
Year 1
Year 2
Year 3
2009
2010
2011
848
Number of Full-Time Employees:
973
1047
10
Number of Part-Time Employees:
1
8
124
169
Number of D.C. Resident Full-Time Employees:
185
1
1
Number of D.C. Resident Part-Time Employees:
858
974
Total Number of Employees:
1055
125
170
Total Number of D.C. Resident Employees:
185

Owner Name
Jose Rodriguez

Home Address

Phone
(703) 821-1557

Is Citizen?
Yes

# Shares

% Owner

Initial $

4,528

51%

(301)299-4725

Yes

4,350

49%

Stock Class

McLean, VA 22101-2203
Lewis Shrensky

Common

Potomac, MD 20854-1317
Board of Directors Director Name
Rodriguez, Jose

Step 4
Home Address

Home Phone

Title
President

Date Appointed
02/11/1974

EVP/SecretaryfTresurer

02/11/1974

Director

11/02/1987

Director

11/02/1987

McLean, VA 22101-2203
Lewis Shrensky
Potomac, MD 20854-1317
Aurora Rodriguez
McLean, VA 22101-2203
Barbara Shrensky
Potomac, MD 20854-1317

EXHIBIT 81, PG 005

144

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 7 of 15


Corporate Officers and Key Personnel
Officer I Kev Personnel
Address
Jose Rodriguez

Step 5
Operational
President

Function

Date Appointed
02/11/1974

McLean, VA 22101-2203
Lewis Shrensky

Exec VP/Sec'yrrreasurer

02/11/1974

Vice President Sewer Water Division

10/14/2002

Vice President & General Counsel

10/01/1991

Vice President Contracts

06/07/2001

Vice President Construction

10/01/1991

Assistant Secretary

10/01/1991

Vice President Estimating

06/08/2009

Vice President Bridge Division

06/08/2009

Vice President Electrical Division

06/08/2009

Vice President DC Operations

06/08/2009

Vice President Major Projects

06/08/2009

Potomac, MD 20854-1317
John Hamilton
Silver Spring, MD 20902
Christopher

Kerns
Washington,

DC 20008

Ralph Kew
Chantilly, VA 20151
Thomas Mero
Alexandria,

VA 22309-2633

Alexandria,

VA 22309-2633

Sharon Alukonis
Manuel E. Fernandes
Falls Church, VA 22043
Henrique Fernandes
Arlington, VA 22207
Michael Holland
Ellicott City, MD 21045
Mario DeSousa
Laurel, MD 20707
Jack Cunha
McLean, VA 22101
Bonding Information
- Step 6
Bonding Company Name:
Bonding Company Address:
Bonding
Bonding
Bonding
Bonding
Bonding

CNAlWestern Surety Corp


CNA Plaza
Chicago IL 60685

Company Specialties:
Company Phone:
Company Fax:
Contact Person:
Limit:

(410) 720-3871
(410) 720-3260

--

Business Licenses - Step 7


Business, Professional, and/or Trade Licenses:
License Type
DC Electrical Contractor
VA Class A Contractor: BLD, ELE, HIH
Electrical Business License
DC General Contractor
MD Out-of-State Contractor
VDOT-Certificate of Qualification

License Number
ECC900368
2701 015396A
EB6322
69009132
15567748
F034

Business Information,
NIGP Codes, and Trade Divisions
Describe the business' primary line, trade, or service:
Construction

Expiration Date
11/30/2013
08/31/2012
04/19/2014
09/30/2013
04/30/2013
05/31/2013

Authorizing Entity
District of Columbia
Virginia
Montgomery County
DC Government
State of Maryland
State of Virginia

Step 8

Applicable National Institute of Government Purchasing (NIGP) Commodity Codes for this business:
745-00-00
ROAD AND HIGHWAY BUILDING MATERIALS (ASPHALTIC)
909-76-00
Site Work (Incl. Site Clean-Up)
912-00-00
CONSTRUCTION SERVICES, GENERAL (INCL. MAINTENANCE AND REPAIR SERVICES)
912-32-64
REMOVE AND RESET EXISTING STREET LIGHTS.
913-00-00
CONSTRUCTION SERVICES, HEAVY (INCL. MAINTENANCE AND REPAIR SERVICES)
913-13-00
Construction, Bridge and Drawbridge (Includes Reconstruction/Rehabilitation)
913-27-00
Construction, Highway and Road

EXHIBIT S1, PG 006

145

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 8 of 15


913-50-00
913,;1-00
913-92-00
914-30-00
914-55-00
975-14-00
975-86-00

Construction,

Street (Major and Residential)(lncludes

Reconstruction)

and Repair, Sewer and Sk;


irain (Including Removal)
and Repair, Water System, ".din and Service Line

, Maintenance
Maintenance
Concrete
Masonry

Automobiles and Other Passenger


Truck and Van Rental or lease

Vehicles

(Including

Emergency

Type) Rental or Lease

Applicable Trade Divisions for this business:


No selected Trade Divisions
Business Information

Step 9

1, Did the legal Structure of the business enterprise change?


2. Did your business enterprise

"

move?

3, Have the officers of the business enterprise changed?


4. Have there been any changes in the business enterprise's

"
stock shares?

5. Have there been any changes in the ownership or control of the business enterprise?

"

6. Have there been any chances in the products or services offered?


7. Have there been any stock transfer agreements?

"

8. Have there been any third party agreements?

"

9, Have there been profit sharing agreements?

I'

10. Has the business enterprise

I'

11. Does the business

enterprise

i"-

previously worked and/or is it currently working on any contracts with the District of Columbia?
have any other locations related to this business (i.e., storage/warehouse)?

I'

12. Does the business enterprise have any other affiliated entities (e.q. parent company, subsidiary, etc.)?

13. Does the business enterprise currently hold any other certifications (e.g. SBA, MOOT, MWAA, WMATA, NMSDC, WBENC,
VDOT, etc.)? If yes, please provide the certification number and expiration date.
Certified By Certification Number
Expiration Date

14. Do you consider your business enterprise a green business?


OSHA 40 Hour Hazardous Materials Technician
15. Is the business enterprise in Good Standing with the Office of Tax and Revenue?
16. Is the business enterprise in Good Standing with the Department of Consu mer and Regulatory Affairs?
17. Did you or any individual affiliated with the firm attend a CBE Orientation seminar?

EXHIBIT S1, PG 007

146

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 9 of 15

GOVERNMENT OF THE DISTRICT OF COLUMBIA


DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT

LSDBE APPLICATION SWORN AFFiDAVIT


F~,'

The undersigned, as a duly authorized representative of


y'r IiI ~i.{~"(0/1 ~;lnA'("-r,' f.l(\ CCf;/~~-:
(-;,ilC {-,
(Name of Company},
swears (or affirms) that the statements made as part of the attached certification application and submitted with or without a bid or proposal request)
are true and correct and include all other information necessary to:
t.

Identify and explain the operations of the company;

2.

Identify the ownership of the company; and, otherwise,

3. Establish the company's eligibility for certification under the Small, local, and Disadvantaged Business Enterprise Development and
Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; 52 OCR 7503).

Title:

Date:

District of Columbia (or StateiCommonwealth

of

Signed and sworn (or affirmed) before me on this

;~7[)A'1 day of

----~+=~=------------------------

);towit:

.iJ.-" (" ("

;Y\

\0 f.s

by

who is well known to me as the person who executed tile foregoing affidavit and who acknowledged tile same to be his/her free act and deed.

Notary signature:

I/?tf/!tf) {,<_/"C.
KELUHOWE
Notary PubHc. District of ColumbIa
~.~yCommission
ExpiresOctober3'l,2013

My commission expires:_

{;C;f-()b~.r".3!.~?0!?

PG 008

147

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 10 of 15

FIRST AMENDMENT TO LEASE


Tbis First Amendment to Lease is made and entered into this 6th day of March, 200~ by
and between SRN INVESTORS, hereinafter referred to as "Landlord or "Lessor" and FORT
MYER CONSTRUCTION CORPORATION, hereinafter referred to as "Tenant or Lessee.'-' -~WITNESSETH:
WHEREAS, Landlord entered into a Lease Agreement with Tenant dated October 1.
2004, (the "Lease") pursuant to which Landlord leased to Tenant certain premises known and
designated as:
2237 - 33rd Street. NE.. TVashington. D.C. including an office building o(approximatelv
12,512 square (eet, a maintenance (acility o(approximatelv 6.600 square (eet and yard space (or
storage o(approximately 154,338 square [eet. (hereinafter referred to as the "premises" or
"demised premises")
for the term of five years ending on September 30. 2009 and the parties desire and have agreed to
extend the Lease for an additional term of four years beginning as of October J. 2009 and
ending on September 30.20) 3.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the parties do agree, each with the other as follows:
1. The parties hereby affirm that they extend the Lease for four years beginning October
1. 2009 and fully ending without notice of any sort on September 30. 2013 (the
"Extension Term"), The aforesaid extension shall be on the same terms and
conditions as set forth in the Lease, and the rent payable during the Extension Term
shall be the same as the rent payable during the Lease Year immediately preceding
the first year of the Extension Term.
2. In all other respects the Lease shall remain in full force and effect except as hereby
amended.
WITNESS our hands and seals on the day and year first set forth above.
WITNESSES:

EXHIBIT 81, PG 009

148

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 11 of 15

REALTY LEASE

nns LEASE,

made this Ist day of October, 2004, by and between SRN INVESTORS,
107081Joiantre
Potomac, Maryland 20854 (hereinafter called "LESSOR") and FORT MYER CONSTRUCTION
CORPORATION of2237. 33rd Street, N.E., Washington, D.C 20018 (hereinafter called "LESSEE").

LOIlC,

WITNESSETH
I.
LESSOR hereby leases to the LESSEE and the LESSEE does hereby lake, upon the
covenants and agreements herein contained, the premises known as 2237 - 33rd Street, N.E., Washington,
D.C, including an office building oj approximately 12,512 square feet, a maintenance facility of
approximalely6,600squarejeet
andyard spacefor storage ofapproximately ] 54,338 square feet, to be used
for the term, at the rental, and upon the provisions and agreements hereinafter set forth.
2.

The term of this Lease shall commence on October 1.2004, and terminate on September 30,

2009.
3.
LESSEE covenants and agrees to pay the LESSOR as the fixed rent for the demised premises
during the-original term hereof the sum of Forty-Seven Thousand, Eight Hundred Sixty-Five Dollars
($47,865;00)per month, payable in advance on the first day of each month commencing October 1, 2004.
4.
TIle LESSEE herewith deposits with the LESSOR and the LESSOR acknowledges the
receipt of$ -- NIA -. as earnest monies for the secure performance of the LESSEE's covenants, obligations
and responsibilities contained in this Lease. As such a deposit, these monies shall not accrue interest. These
monies may be applied at the option of the LESSOR, in whole or in part 10 any rent payment or to satisfy
any breach of any covenant herein contained. These monies shall be returned to the LESSEE upon the
satisfactory fulfillment of all the covenants herein contained.
5.
The LESSEE further covenants and agrees to payor cause to be paid 100% of the utility
charges, including electricity, gas, water, sewer and trash removal incurred in operating the properly on
whichthe premises are located, as well as all real estate taxes assessed against the property.
6.
LESSEEshaIl not assign, sublet or encumber this Lease or any part thereof without the prior
written approval of the LESSOR in each instance. In any event, notwithstanding such assignment and
consent by the LESSOR, the LESSEE shall be responsible for the full and complete performance of all
obligations on thepart of the LESSEE to be performed hereunder as herein specifically provided for.

7.
Throughout the term of this Lease, LESSEE, at its own cost and expense, shall keep all
property covered by this Lease insured in an amount equal to the full replacement cost thereof against loss
or damage by fire or casualty and other risks covered by extended coverage insurance. lf the demised
property or any part thereof shall be destroyed or damaged in whole or in part by fire or other casualty,
lncluding anycasualtyforwhich
insurance of any kind or nature, ordinary or extraordinary, was not obtained
or obtainable, LESSEE, at its own. cost and expense (whether or not such damage or destruction shall have
been insured, and whether or not such insurance proceeds, if any shall be sufficientfshall repair, alter, restore
and replace the demised property at least to the extent of the value and as nearly as possible to the character
of the demised property immediately prior to such occurrence, or at the option of the LESSOR, this Lease
shall terminate,
8.
LESSEE agrees, at its cost and expense, to keep the demised premises in good order and
repair and not to do or permit any act which contravenes any policy of insurance. Both LESSOR and
LESSEE agree to comply with all laws, ordinances and regulations of public authority.
9.
The LESSOR shall not be responsible or liable for any damage or injury to any property,
fixtures, furniture or decorations, or to any person or persons, at anytime, in the demised premises, resulting
from gas or electricity or from water, ice, rain or snow, whether the same may leak into, issue or flow from
any part of the demised premises or from the pipes, plumbing work, or from any other place or quarter; nor
shall the LESSOR be in any way responsible or liable in case of an accident or injury to the LESSEE or to
any of the LESSEE's servants, employees, agents or visitors in or about the demised premises.
10.
TIle receipt of rent by the LESSOR, whether originally reserved or that which may be
payable under any of the covenants or agreements herein, or any part thereof, sb~Il not b~ deemed to oper~te
as a waiver of the right of the LESSOR to enforce the payment of rent of any kind previously due or which
may thereafter become due or which may thereafter become due, or to forfeit this Lease by such remedies
as may be appropriate, or to terminate this Lease or the exercise of any of the rights and remedies reserved
to the LESSOR hereunder; and also the failure of the LESSOR to enforce any covenant or condition as to
]

EXHIBIT 81, PG 010

149

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 12 of 15

which the LESSEE shall be guilty of a breach, or he in default, shall not he deemed to void the right of the
LESSOR to enforce the same or any other covenants and conditions on the occasion of a subsequent breach
?r default. No waiver or co~sent of the LE~~OR or its successors and assigns given hereunder in any
mstance shall .operate as II waiver of any proVISIOnof this agreement, except for that instance alone.
11.
The Lease is subject to any and all mortgages or deeds, of trust affecting the demised
premises on the date hereof. It is hereby covenanted by thc"LESSEE that if at anytime the LESSOR desires
financing of the demised premises and gives a mortgage or mortgages or deeds or deeds of trust securing a
loan or loans on the demised premises and the lender or lenders shall require as a condition to making such
loan or loans that this Lease be subordinated to such lien or liens, LESSEE agrees thaI it will, upon being
requested to do 50, sign and deliver such papers as may be necessary to subordinate this Lease to such lien.
J 2.
In the event LESSEE shall be adjudicated 3 bankrupt or insolvent, or if the LESSEE shall
make a general assignment for the benefit of creditors, or do any act which would terminate its business, or
if a receiver or trustee shall be appointed to take charge of and wind up LESSEE's business, than in any of
such events this Lease and the tenancy hereby created shall, at LESSOR's election, immediately cease and
terminate, and the rent shall be paid to the date of such event and the LESSOR shall have the right to
immediately re-enter and take possession of the premises.
13.
The LESSEE shall be held in default of the payment of rent provision of this Lease if any
rent is past due inexcess often (I 0) days, Upon the happeningof such a default, the LESSOR shall give the
LESSEE notice ofthe default and the LESSEE shall vacate the premises within 72 hours of such notice. The
LESSEE agrees that failure to allege in writing any defense prior to receiving the written notice of his default
of the payment of rent provision shall be deemed
a waiver of any defense that the LESSEE may allege.

as

14,
lfthe LESSEE shall default in any installments of rent as and when the same may become
due, the LESSOR shall he entitled to relllove the LESS~Efrom-the premises by summary proceedings, or
any other-lawful manner..and to repossess and enjoy said premisestogether with all additions, alterations
and improvements thereon; and .inthe event of the d'efauh of the LESSEE in the performance of any
covenants.conditions or provisionsherein contained. the LESSOR shall have, and is hereby given, the right,
at its option, 10 perform or cause such covenants andconditions to be performed at the LESSEE's expense,
forthwith to terminate thisLease, and the term hereby granted and all the right and interest of the LESSEE
herein shall thereupon terminate; and the'LESSOR shall' be entitled to re-enter and repossess tile said
premises, together withall additions and improvements thereon, and to remove the LESSEE by summary
proceedings or in any other lawful immner.lniiny event, LESSEE shall remain responsible for the payment
of rent for the remaining term of this Lease and for such'expenses as LESSOR may incur for attorney's fees,
brokerage.fees and placing said ,premises in go~,r~Uible
condition.
15.
Ifat any time during the term of this Lease the demised premises shall be condemned Or
taken for public use under the. power of eminentdomain or conveyed by the LESSOR to any governmental
authority pursuant to a threatened or Jmmmcntcondemnatlon ortaking under power of eminent domain, this
Lease shall fully-cease ami te!mil1at~ as of thedate of such taking, condemnation or conveyance, in which
event the full ,proceeds Of anyawardor
considerationpaid by thegovernmental authority in connection
therewith shall belong.to and !11Ily'bll'retained by the LESSOR. The LESSEE shall have no right whatsoever
to share in any such award or consideration so paid, and thcLESSEE shall assign to the LESSOR any award
that may bemadeto it,
16.
The LESSOR grants to the LESSEE all Tights to peaceful occupancy of the property. The
LESSOR reserves the right to enter said premises for the purpose of property inspection to determine the
LESSEE'ssatisfaetory
compliance with all the covenants, obligations and responsibilities herein contained.
. 17.
The~E~SEE shall give the LESSOR 30 days advance written notice prior to the termination
of this lease of his intention to vacatethe premises ntthe termination of tile term of this Lease. Failure to
give such notice will.be construedas evidence of the LESSEE's intention to continue in possession of the
property. ,At the option of the LESS()~, the LESSEE may be allowed to keep possession as a month-tomonth tenant. Upon receipt of notice' to vacate/the LESSOR may enter the premises for the purpose of
showing the property to prospective tenants.
18.
The LESSEE agrees to surrender to the LESSOR possession of the demised premises upon
the expiration or extension of this Lease, or its termination in any other manner, in substantially as good
condition and repair as the same shall be at the commencement of said term, loss by fire or other casualty,
defaults inherent in construction, ordinary wear, decay and depreciation excepted.
19.
This instrument embodies all the agreementsbetween
the parties hereto in respect to the
premises hereby leased, and no oral agreements shall be held to affect the provisions hereof, All subsequent
changes and modifications to be valid shall be by written instrument executed by the LESSOR and LESSEE.

EXHIBIT 81, PG 011

150

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 13 of 15

This agreement shall be construed under the laws of tile District of Columbia.
20.
All rent and other payments required to be made by the LESSEE herein shall be paid to the
LESSOR at J 0708 Balantre Lane, Potomac, Maryland 20854. or at such other place as LESSOR may from
time (0 time designate in writing.
21.
All notices required or desired 10 be given hereunder shall be in writing and sent by
registered or certified mail, and the date of depositing any notice in the United States Post Office shall be
taken as the date of giving thereof. Notices to the LESSEE shall be addressed to LESSEE at 2237 - 33rd
Street, N.E., Washington, D.C. 20018. Notices to the LESSOR shall be addressed to the place where rent
is then payable hereunder. Either party may, from time to time, by written notice (0 the other, change the
place where notices to it shall thereafter be addressed.
'Yl
The covenants, provisions, and the agreements herein contained shall in every case apply
to, be binding upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors, and assigns, with the same force as if mentioned in each instance where a party is named, but
no assignment or sublease in violation of provisions of this Lease shall vest in such assignee or sublessee
any right or title in or to the leasehold estate hereby created.

IN WITNESS WHEREOF, the LESSOR and LESSEE have caused this Lease to be signed and
sealed and acknowledge and deliver these presents as their acts and deeds, all as of the day and year first
hereinabove written.

,\llTNESS:

LESSOR:

WITNESS:

LESSEE:
FORT MYER CONSTRUCTJON

CORPORATION

EXHIBIT S1, PG 012

151

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 14 of 15


. FORT MYER CONSTRUCTION CORPORATION"
.
ACTIVE EMPLOy('AND
EMPLOYEES WHO WORKED DURINC~\2
Date Hired Empl No Empl Name
\... .. ,
Address L 1
'-.
5/21/2002
SEBASTIAN L ANTONIO
6/312002
DAN BOOKER
6/19/2002
JULIO C MORALES
8/112002
FAUSTO CHICA
8/26/2002
AMILCAR FERNANDEZ
10/15/2002
JOSE R GARCIA
10/14/2002
ROBERTO C MEJIA
10/28/2002
WILFREDO HERNANDEZ
712012010
CECILIO CRUZSANCHEZ
11/18/2002
OSCAR A SOTO-CORENA
11/1912002
SANTOS D FLORES-REYES
12/13/2002
FIDEL S CARINO
12116/2002
VICTOR M GUARDADO
12116/2002
JUAN J URQUILLA
HECTOR G RAMiREZ
11712003
1/812003
VALENTIN SALINAS-ARGUETA
4/9/2003
HECTOR R GARCIA
4/15/2003
WILLIAN HERNANDEZ
4/2512003
STANLEY T BUCKINGHAM
4/28/2003
CHARLES T ASHFORD
51712003
LUIS A VASQUEZPORTILLO
6/5/2003
JUAN C HERNANDEZ
2/10/2004
JOSE N BERRIOS
PABLO A URQUILLA
2/17/2004
3/812004
WILLIAM S SWANN
4/26/2004
DERRICK MCSWAiN
LAWRENCE E THOMPSON
6/29/2004
7/812004
JOSE N GRANADOS
8/10/2004
JESUS ALMENDAREZ
3/912007
CARLOS R GOMEZ-ANDRADE
8/11/2004
OSCAR LUCERO-RAMIREZ
TRINIDAD SALMERON
8/23/2004
6/27/2011
JOSUE G ESQUIVEL
9/15/2004
EDWIN ROQUE-ALARCON
11/3/2004
ROSALIND R BROWN
71511998
DAMIAO M CRUZ
4/8/2005
GILBERT J EDWARDS
4/2112005
DANIEL NELSON
JOSEPH M CELEDONIA
6/6/2005
PEDRO ALVARADO
5/1012005
DUWA YNE K STEWART
6/6/2005
RODRIQUEZ CAMESE
8/12/2005
JAMES D YOUNG
8/11/2005
8/23/2005
JACQUELINE A LINDSAY
INES MELGAR
9/112005
91712005
BRUNO E ROSALES
9/2/2005
ROMAN CRUZROMERO
1214/2011
Anita Bonds
11/29/2005
JOSE HERNANDEZ
FILIMON ABUNDEZ
116/2006
JOSE BONILLA
1/1212006
LEROY GREEN
1/18/2007
1/18/2006
RODNEY LYNCH
JUAN C FLORES
1/23/2006
2/612006
JIMER SOTO
JOSE E GALVEZ
2/20/2006
ROBERT PROCTOR
3/28/2006
411012006
STEPHAN WADDY
4/10/2006
ARMEDA M WILLIAMS
4/17/2006
ANTHONY E CLARKE
4/25/2006
WALL Y MAHONEY
4/21/2006
MANUEL A MARTINEZ
5/12/2006
CARLOS RAMIREZ

5 14

Address L2
HYATTSVILLE PG MD 20785
CAPITOL HEIGHTS MD 20743
STERLING VA 20164-2526
HYATTSVILLE MD 20784
HYATTSVILLE MD 20783
TEMPLE HILLS MD 20748
WASHINGTON DC 20018
WASHINGTON DC 20009
HYATTSVILLE MD 20781
HYATTSVILLE MD 20785
WASHINGTON DC 20011
NEW CARROLLTON MD 20784
BLADENSBURG MD 20710
WASHINGTON DC 20011
ALEXANDRIA VA 223061201
WASHINGTON DC 20009
STAFFORD VA 22556
ALEXANDRIA VA 22309
CHESAPEAKE BEACH MD 20732
WASHINGTON DC 20032
LANHAM MD 20706
WASHINGTON DC 20011
ALEXANDRIA VA 22305
WASHINGTON DC 20011
PORT TOBACCO MD 20677
UPPER MARLBORO MD 20774
HAYNESVILLE VA 22472
ANNAPOLIS MD 21403
HYATTSVILLE MD 20782
MT RAINER MD 20712
HYATTSVILLE MD 20782
WASHINGTON DC 20011
SILVER SPRING MD 20901
ADELPHI MD 20783
WASHINGTON DC 20002
SILVER SPRING MD 20906
FREDERICKSBURG VA 22401
WASHINGTON DC 20019
OLNEY MD 20832
WASHINGTON DC 20009
GLEN BURNIE MD 21061
FORESTVILLE MD 20747
SUITLAND MD 20746
WASHINGTON DC 20019
LANDOVER HILLS MD 20784
NEW CARROLLTON MD 20784
BRENTWOOD MD 20722
Washington DC 20001
WHEATON MD 20902
WASHINGTON DC 20001
WASHINGTON DC 20011
CLINTON MD 20735
ARLINGTON VA 22204
WASHINGTON DC 20011
HYATTSVILLE MD 20785
BRENTWOOD MD 20722
TEMPLE HILLS MD 20748
CAPITOL HEIGHTS MD 20743
WASHINGTON DC 20001
STAFFORD VA 22555-0524
MT. HOLLY VA 22524
BRENTWOOD MD 20722
BRENTWOOD MD 20722

EXHIBIT S1, PG 013


152

Case 1:14-cv-00914-RCL Document 101-6 Filed 03/09/15 Page 15 of 15

FORT MYER CONSTRUCTION CORPORATION *


EMPLOYEES WHO WORKED DURINf-------:l2
ACTIVE EMPLOV,(;AND
Date Hired Em f No Empf Name
..
\.._)
Address L2
10/30/2006
Ruben Portillo
Alexandria VA 22306
3/3012010
Victor Pinto
Arlington VA 22207
8/13/1988
John P Polino
Walkersville MD 21793
11112/1985
Charles Price
Landover MD 20785
9/812008
Mabel Pinzon-Martinez
Washington DC 20012
5/30/2006
Pradip Patel
Columbia MD 21045
11/26/2007
Gabriel Priego
Fort Washington MD 20744
418/1996
Guy W Phelps JR
Hyattsville MD 20785
418/1996
Antonio Pereira
Annandale VA 22003
5/31/2000
Monte S Paris
Oxon Hill MD 20745
8/22/2011
Derrick Perry
Washington DC 20019
7/412005
Kris Ponzette
Columbia MD 21044
11125/1996
Rogerio C Rocha
Falls Church VA 22043
812412009
Winfield S Roe
Severna Park MD 21146
3/14/2006
Ferman F Roane
Reedville VA 22539
7/912001
Aurora Rodrigues
Mclean VA 22101
111212011
Willie Romney
Washington DC 20032
11/1211985
Lydia Ramirez
Germantown MD 20874
713/1995
Hector Reyes
Cheverly MD 20785
6/9/2003
Ricardo Reyes
Sterling VA 20164
1/9/2012
Elisabete Reyes
Olney MD 20832
51111993
Dora Rodrigues
McLean VA 22102
4/12/2004
Cristina Rodrigues-Minton
McLean VA 22101
71212007
Joanne Redman
Silver Spring MD 20906
3/13/2006
John L Ratke u
Beltsville MD 20704-0745
11/18/2009
Evelyn Ross
Silver Spring MD 20904
711011995
Raul Rodrigues
Severn MD 21144
81712006
Hector Sealey
Waldorf MD 20603
7/19/2001
Barbara Shrensky
Potomac MD 20854
1/212001
Joseph Sydnor
District Heights MD 20747
8113/1988
Robert Squires
New Windsor MD 21776
8/1912002
Maria Isabel Sorto
Riverdale MD 20737
5/811995
Glenn Sappington
Annapolis MD 21409
3/30/2009
Kevin W Schindele
Jessup MD 20794
121412007
Danu! Sandru
Herndon VA 21071
91712010
Shiva Shayan
Rockville MD 20852
1/4/2010
Jose Saravia
Arlington VA 22204
3118/2012
Tyrone Thomas
Essex MD 21221
7/20/2011
Robert Tyler
Washington DC 20020
2/16/201
Miriam Turcios
Silver Spring MD 20905
11/2/200
Daryl Thomas
Arlington VA 22207
6114/201
Jose Vasquez
Wheaton MD 20902
11/28/2011
Manuel Vina
Bentonville VA 22610
414/2011
Jade Vifloch
Silver Spring MD 20902
2119/2001
Marlo Valladares
Nanjemoy MD 20662
5/221200
Rolando Velasco
Laurel MD 20708
8/121200
Grant Warner
Frederick MD 21703
7/25/2011
Keonne Wheeler
Fort Washington MD 20744
8/2212011
Michael Warner
Frederick MD 21701
411/1996
George Woody
Forrestville MD 20747
9/1012001
Travis L White
Jessup MD 20794
Ronald Waidner
3/3012009
Ridgeley MD 21660
Jeff Wright
12/21/200
Fredericksburg VA 22407
812612002
Paul Wilkerson
Springfield VA 22153-2920
7/19/2010
Leah Young
Temple Hills MD 20748
12/13/1999
Gregory F Young
Bryantown MD 20617
312911999
Jacob Zeiders
Annapolis MD 21401
312612006
ELSER ZUNGIA
Upper Marlboro MD 20772
'

14 - 14

EXHIBIT S1, PG 014


153

EXHIBIT S -2

Anchor, Department of Small & Local Business


Development Application Excerpts

154

CBE SUMMARY REVIEW REPORT

Page 1 of 3

Business Certification Information Report


as of Tuesday, September 23, 2014

The information in this report is only valid as of the date above. This listing is dynamic with new companies being added and existing companies
expiring on a regular basis.

Anchor Construction Corporation (formerly C & F Construction Company,


Inc.)
Description:
Principal Owner:
Contact Name:
Address:
Phone:
Fax:
Email:
Website URL:
Date Established:
Organization Type:
Ward:

Roadway construction, utility and water sewer, sidewalks, curb & gutters, etc.
Florentino Gregorio
Florentino Gregorio
2254 25th Place NE, Washington, DC 20018
(202) 269-6694
(202) 529-3144
certifications@anchorconst.com
www.anchorconst.com
8/7/1985
Corporation
5

Certification Information
Expire:
1/15/2016
CBE Number
LX86374012016
Preference Points:
7 (2 for LBE; 5 for LRB)

NIGP Codes
Code
906-38-00
913-19-00
91 3-27-00
91 3-36-00
913-45-00
913-47-00
913-50-00
913-56-00
913-60-00
913-71-00
913-78-00
913-81-00
913-89-00
913-92-00
914-27-00
914-30-00

Description
General Construction Architectural
Construction, Curb and Gutter (Includes Maintenance, Repair, and Removal)
Construction, Highway and Road
Construction, Parking Lot and Alley
Construction, Sewer and Storm Drain
Construction, Sidewalk and Driveway (Includes Pedestrian and Handicap Ramps)
Construction, Street (Major and Residential)(Includes Reconstruction)
Construction, Utility/Underground Projects
Construction, Water System, Main and Service Line
Maintenance and Repair, Highway and Road
Maintenance and Repair, Pipeline (Includes Removal and Relocation)
Maintenance and Repair, Sewerand Storm Drain (Including Removal)
Maintenance and Repair, Utility/Underground Projects
Maintenance and Repair, Water System, Main and Service Line
Carpentry
Concrete

Trade Divisions
Trade
Division

Code

Sub-Division Description

Activity Information

EXHIBIT S2, PG 001

https://lsdbc.dslbd.dc.gov/public/certification/PrintResults.aspx

155

9/23/2014

PrintReport

Page 8 of 11
Department of Small & Local Business Development

CBE ANALYSIS REPORT


Anchor Construction Corporation (formerly C & F Construction Company, Inc.)
Evidence of Management and Control (No Site Visits performed)
Based on:
~

Site Visit/Date
Review
Documentation

L2~

~ Other
Areas of Consideration

I
Yes

No

N/A

13

13
C)

C)
0
0

(3
13
(3
0
13
0

0
0
(3
0
(3
0

(3

(3

tij

(3

(3
0

Note: A (No) response to any of these statements requires an explanation below

The site visit reveals that the firms principal office is physically located in the District of Columbia (describe below)

The offices of the firms principal owners are located at the location (describe below)

The record reflects that the firm has office locations in other jurisdictions (explain below)

The firm is independently owned, operated and controlled.

~
6

The firm has a binding relationship with other firms (i.e., non-qualifying firm, prime contractors, loans, leases,
etc.)
A qualifying owner holds the highest position in the company.

A qualifying owner controls the firm/Board of Directors.

A qualifying owner controls the day-to-day operations of the firm.

A qualifying owner is responsible for the hiring and firing of employees.

cjj

10

A qualifying owner signs checks.

11

A qualifying owner negotiates and signs contracts.

13

A non-qualifying owner possesses the necessary licenses U, skills U, education


I.. to the operation
.
.
.
other:
of this
business.
(Multiple checlcboxes can be selected; Other field should allow up to 25 alpha-numeric characters).
The qualifying owner possesses the ability to operate and control the business.

14

The qualifying owner has outside employment. lfyes. please explain below

12

LI,

13

Summary (P/ease expound on any of the above items and/or discuss other issues of importance)
Anchor Construction Corporation (formerly C & F Construction Company, Inc.) is owned and operated by a (1) VA resident.
The business does qualify for CBE certification. Mr. Florentino Gregorio is qualified, controls the highest positios
in the company and has over a combined twenty-eight (28) years of Construction Consulting, Construction & Project Mana
agement, Building Construction Services, Maintenance & Repair Services, Installation and Removal Services experience.

EXHIBIT S2, PG 002

http://cbe.dslbd.de.gov/applieation/Reports/LSDBEAnalysisReport.aspx

156

9/23/2014

PrintPpnnrt

P~rn~ 1 nfl 1

Department of Small & Local Business Development


CBE ANALYSIS REPORT
Anchor Construction Corporation (formerly C & F Construction Company, Inc.)
Assigned Specialist: Beastey, Corey
Type of Request
0 Certification
0 Joint Venture

C!) Recertification
0 Provisional Certification

0 Upgrade
0 Old Business

Certification Categories Requested

21 Local Business Enterprise (LBE)

El Small Business Enterprise (SBE)

LI Development Enterprise Zone


(DZE)

~ Longtime Resident Business (LRB)

LI Veteran-Owned Business (VOB)

LI Local-Manufacturing Business Enterprise


(LME)

Date New Application Submitted:

H Disadvantaged Business Enterprise


(DBE)
LI Resident Owned Business (ROB)

11/21/2013

Applicants Justification for Action


requested:

I The applicant requesting CBE Re-Certification as LBE, LRB and NIGP Code Upgrade.

(500 characters maxinum)

Appilcants Current Certification Status

Approval Date

Provisional #/CBE #

Provisional:
Certification:

7/12/2005

Recertification:

1115/2014

I
I
I

Expiration Date

I
LSXR00370072007

7/12/2007

LX86374012016

1/15/2016

Current Certification Categories


21 Local Business Enterprise (LBE)

LI Small Business Enterprise (SBE)

LI Disadvantaged Business Enterprise


(DBE)
H Resident Owned Business (ROB)

LI Development Enterprise Zone


(DZE)

21 Longtime Resident Business (LRB)

LI Veteran-Owned Business (VOB)

H Local-Manufacturing Business Enterprise


(LME)

Current Business Location Address


Street Address 1:* j2254 25TH PLACE NE
City:*

WASHINGTON

State:*

Street Address 2:

Zip Code:* 120018

DC

I~r~ I~V~ I~~

Business Phone:*
Business Email
Address: Icertificat1ons@ancho~nst.com

Business Fax:
Business
Website Address:

I~5~- J~1_ 13144


Iwww.anchorconst.com

Previous Address
Street Address 1*

Street Address 2:

City:

State:*

Zip Code:*

Business Structure

Corporation

0 Limited

It of Years in Existence:

Date Business Established:

0 Sole Proprietorship

129.08
Registered

# of Continuous Years in DC:

0 Partnership

Liability Company

years DCRA

From:I____________

To:I____________

6/7/1985

EXHIBIT S2, PG 003

http://cbe.dslbd.de.gov/applicationlReports/LSDBEAnalysisReport.aspx

157

9/23/2014

PrintReport

Page 2 of 11
Department of Small & Local Business Development

CBE ANALYSIS REPORT


Anchor Construction Corporation (formerly C & F Construction Company, Inc.)
Evidence of Ability to Qualify I NOT Qualify for LBE, SBE, DBE, ROB, DZE, LRB
(including all documentation used to make determInation)

LBE
The firms principal office is located in DC and:
(check all that apply)

M More than 50% of assets in DC excluding bank account


LI More than 50% of employees are DC residents
C More than 50% of owners are DC residents
~ More than 50% of total sales or other revenues are derived in DC
List other supporting documents received
(i.e., DC taxes, lease/deed, drivers license, utility bill, etc...):
A current DC Lease, Deed, Certificate of Occupancy for the current DC address, FY 2012 & 2011 DC SUB Corporation
Business Franchise and FY 2012 & 2011 Federal Corporation Tax Returns.
SBE
N/A
DBE
N/A
ROB
N/A
DZE

N/A

LRB
Documents of Qualifying Applicant:
(Physical review of tax records and business regls~ations)

T & R Online Clean Hands Certificate, FY 2012,


2011 & 2010 DC SUB Corporation Business
Franchise Tax Returns.

I yrs.

# of Continuous Years in DC
From:
Verification of Business Registration/License:

DCI4A Certificate of Good Standing.

Verification of Tax Filings:

T & R Online Clean Hands Certificate.

Taxes paid

years in DC

From:

11/1/1993

ITo: 112/31/2013

VOB
N/A
LME
N/A

EXHIBIT S2, PG 004

http://cbe.dslbd.dc.gov/applicationfReportslLSDBEAnalysisReport.aspx

158

9/23/2014

LEASE AGREEMENT
THIS LEASE AGREEMENT (this Lease) is made effective as of thej.4th_day of
_jyigy__, by and between Anchor Development of DC LLC, a Maryland limited liability
company (hereinafter called Lessor) and Anchor Construction Corporation, a District of
Columbia-corporation (hereinafter called Lessee).
WITNESSETH:
1.
Lease and Premises. The Lessor, for and in consideration of the covenants and
agreement hereinafter set forth, and the rent hereinafter specifically reserved, leases to Lessee and
Lessee hereby leases from Lessor, all of that certain parcel of property in the District of Columbia
know as Lot 32 in Square 4258, and commonly known as 2254 25th Place, N.E., Washington, DC
200 8 together with all any and improvements thereon (hereafter referred to as the Demised
Premises).
2.
Sale of the Demised Premises. Lessor and Lessee hereby mutually acknowledge
that as of even date herewith Lessee has sold, transferred and conveyed to Lessor the Demised
Premises. The parties further mutually acknowledge that it was and is an express condition to
Lessees agreement to such sale, that Lessor enter into this Lease with Lessee to lease back the
Demised Premises to Lessee upon the terms and conditions herein.
3.
Condition of Premises. Lessee hereby agrees to accept the Demised Premises
as is in the condition which exists as of this date.
4. March I. 2Qf~_ and terminating _March I. 2014
unless extended pursuant to the Option to Extent, below defined.

(the initial Term).

5.
Option to Extend. Lessee shall have one (I) option to extend (the option to
Extend) the term of this Lease~for five (5) additional years (the Extended Term), provided that
at the time of exercise of such option and the commencement date of the Extended Term. Lessee
is not in default of any of the terms of this Lease, and has not assigned this Lease and is in
occupancy for its own use and occupancy of all of the Demised Premises. If Lessee elects to
extend this Lease, then all tcnns and conditions shall remain the same, except that Base Rent shall
be as set forth in paragraph 6 below. Lessee shall not he entitled to any rent waivers and/or
provision of leasehold improvement or allowances at any time during this Lease, nor shall Lessee
be entitled to any additional extended terms subsequent to the Extended Term. If Lessee desires
to excise the Option to Extend, Lesseeshall give Lessor written notice thereof at least six (6)
months prior to the expiration of the Initial Term. In the event of any earlier termination of this
Lease, or if Lessee shall fail to timely exercise the aforesaid Option to Extend then and in such
event, all rights of Lessee to the Extended Term hereof shall be of no further force and effect,
time being of the essence.
6.
Base Rent. Lessee covenants and agrees to pay to Lessor, without offset,
deduction or demand, as Base Rent for the Demised Premises, Twenty Five Thousand Dollars
($25,000.00) per month on the first day of each month during the Initial Term, and Twenty Five
Thousand Dollars ($25,000.00) per month on the first day of each month during the Extended
Term. Partial months rent shall be prorated based on a 30-day month. If Lessee elects to extend
Lease, an additional 5 years term, the monthly rent will increase to Twenty Six Thousand Five
Hundred Dollars ($26,500.00) per month.

EXHIBIT S2, PG 005

159

7.
Use of Premises. The lessee shall use the Demised Premises for construction
related purposes including material and equipment storage and miscellaneous administrative
support; and any improvement and trailers located on the Demised Premises may be used by
Lessee for general office purpose.
8.
Maintenance of Premises. Lessee shall maintain and keep the Demised Premises
in its present condition and in a clean and neat manner and will, at the expiration or other
termination of Lease surrender and deliver the Demised Premises in the same good and orderly
condition, ordinary wear and tear excepted, with all of its improvements, property, dash, debris,
and junk removed therefrom. Lessor shall have no obligation to make repairs, replacements or
improvements of any nature to the Demised Premises, excepted as stated in Article 10 hereof.
9.

Hazardous/Toxic Condition.

A. The Lessee agrees that it will not violate any District of Columbia or Federal
law relating to hazardous/toxic or unhealthy materials being placed on or in the Demised
Premises, and agrees to keep the property and improvements free of any such contamination. The
Lessee hereby indemnifies the Lessor and its officers, agents, representative, and employees from
all claims, loss, damage. actions, causes of action, expenses. and/or liability resulting from any
violation on the preceding sentence,
B. Unless due to the act or negligence of the Lessor, if contaminated soil, water,
underground storage tanks or piping or friable asbestos or any other hazardous/toxic or unhealthy
materials or substances as defined by applicable District of Columbia of Federal law is
subsequently identified on the premises, the Lessee agrees to remove such materials or substances
upon notification the Lessor, at Lessees sole cost in accordance with EPA and/or District of
Columbia guidelines. lfthe Lessee fails to remove the hazardous/toxic or unhealthy materials or
substances, the Lessor has the right to accomplish the work and Lessee shall promptly reimburse
Lessor for all such costs and expenses, which sums shall bc deemed to be additional rent
payments due hereunder, or Lessor may recover these costs from Lessee by other means, or may.
at its sole option, cancel this Lease.
C. If due to the act or negligence of the Lessor there is a violation of the
hereinabove District of Columbia or Federal law, the Lessor agrees upon notification by Lessee to
remove the hazardous/toxic or unhealthy materials or substances at Lessors sole cost in
accordance with EPA and/or District of Columbia guidelines. If the Lessor fails to remove such
material or substances, Lessee may accomplish the work and Lessor shall promptly reimburse
Lessee for all such costs and expenses, or Lessee may recover these costs from Lessor by other
means. or may, at its sole option, cancel this Lease.
10.

Damage or Destruction of Premises.

A. If the Demised Premises or the building are destroyed or damaged by fire,


earthquake, or other casualty to the extent that they are untenantable in whole or in part, then
Lessor may, at the Lessors option, proceed with reasonable diligence to rebuild and restore the
Demised Premises or such part thereof as may destroyed or damaged, provided that within thirty
(30) days after such damage or destruction, Lessor shall in writing noti& Lessee of Lessors
intention to do so, and during the period of such rebuilding and restoration, the Base Rent shall be
abated in the same ratio as the square footage in the portion of the Demised Premises. If Lessor
shall reasonably determine that such destruction or damage cannot be repaired within one
hundredeighty (180) days from the date of notice, it shall so notify Lessee may within thirty (30)
2

EXHIBIT S2, PG 006

160

days after such damage or destruction. In such event, either Lessor or Lessee may within twenty
(20) days after such notice, terminate this Lease. If neither party terminates Lease the during that
twenty (20) day period this Lease shall remain in effect, Lessor shall diligently proceed to repair
or reconstruct the Demised Premises, and Rent shall abate as set forth above.
B. In no event shall Lessor be liable for non-negligent interruption to Lessees
business or other damage to Lessees personal property; including inventory, trade fixtures, floor
covering, ftrniture and other property removable by Lessee under the provisions of this Lease.
I I.

Indemnity and Insurance.

A. Lessor shall secure and maintain throughout the term of the Lease Insurance
in the following amounts and in form within Lessors sole and absolute discretion:
Fire insurance with extended coverage endorsement attached in the
amount of the fUll insurable value of the Buildings and/or structures on the
Demised Premises;
2. Comprehensive Public Liability Insurance;
3.

Rental Abatement Insurance against abatement of loss of rent in case of


fire or other casualty;

4. Lessor may, but is not obligated to, purchase such other insurance
customarily purchased, form time to time, by owners and managers of
similar building in the Washington D.C. area. Notwithstanding the
provisions of this Lease. Lessor may charge Lessee with any excess of
costs olihe insurance described in this subparagraph due to the particular
use of the Demised Premises by Lessee.
B. Lease shall, at its own expenses, procure and maintain throughout the terni
of this [.ease:
1. Comprehensive Public Liability Insurance insuring Lessees activities
with respect to the Leased Premises against loss, damage or liability for
personal injury or death, damage 1.0 property or commercial loss occurring
on or about the Demised Premises, in amounts no less than:
a. Two Million Dollars ($2,000,000) with respect to personal injury
or death of any one person;
b. Five Million Dollars ($5,000,000) with respect to personal injury
or death arising out of any one occurrence.
c.

One Million Dollars ($1,000,000) with respect to property damage


arising out of any one occurrence.

2. Workmens Compensation Insurance in at least the statutory amounts with


respect to any work or other operation in or about the Demised Premises.

EXHIBIT S2, PG 007

161

Lessor and Lessors mortgagee, if required, shall be named as additional insured under such
insurance and such insurance shall be primary and non-contributing with any insurance carried by
the Lessor. The liability insurance policy shall contain endorsement requiring forty-five (45)
days notice to Lessor prior to any cancellation or any reduction amount of coverage. Lessee shall
deliver to Lessor as condition precedent to its taking occupancy of the Demised Premises (but not
to its obligation to pay rent) a certificate or certificates evidencing such insurance. Lessee, as a
material part of the consideration to be rendered to Lessor, hereby waives all claims against
Lessor for injury to Lessee, its agents, employees, invites, or third persons in or about the
Demised Premises from any cause arising at any time except the negligence or misconduct of
Lessor, its agents, employees, or invites.
C. Lessee shall indemnify and hold Lessor harmless from and against all
demands, suits, fines, liabilities, losses damages, costs and expenses (including legal expenses)
which Lessor may incur or become liable for as a result of any breach by Lessee, its agents,
employees, officers, contractors. invitees, or licensees of the terms or covenants of this Lease
relating to the Lease.
12.
Liens. Lessee will not permit any mechanics or other liens to be placed upon
the Demised Premises.
13.
Subordination: This Lease is and shall be subordinated to all existing and future
lietis and encumbrances against the property.
14.
Personal Pro~y. All personal property of Lessee in or about the Demised
Premises shall be at the sole risk of Lessee. Lessee hereby expressly release Lessor from any
liability incurred or claimed by reason of damage to Lessces property; including. hut not limited
to any improvements or alterations made by Lessee.
15.
j~jj~bilit. Lessee, at Lessees expense. shall obtain all licenses and occupancy
permits necessary for conducting Lessees business in Demised Premises.
16.

Utilities. Lessee shall be solely responsible, at its sole cost for the payment of all
utility charges incurred.

I 7.
Taxes. The Lessor shall pay all real estate and other taxes and assessments
applicable to the Property.
iS.

Lessees Default.

A. It shall be an Event of Default if (i) Lessee shall fail to pay when due any
monthly installment of Rent or any other charge or payment requirement of Lessee hereunder
after Lessor gives Lessee ten (10) days written notice; (ii) Lessee shall violate or fail to perform
any of the other conditions, covenants or agreement herein made by Lessee and such violation or
failure shall continue for a period of fifteen (15) days after written notice thereof to Lessee by
Lessor; (iii) Lessee shall make a general assignment for the benefit of its creditors or shall file a
petition for bankruptcy or other reorganization, liquidation, dissolution, or similar relief; (iv) a
proceeding is filed. against Lessee seeking any relief mentioned in (iii) above and such proceeding
is not dismissed within thirty (30) days; (v) A trustee, receiver, or liquidator shall be appointed
for Les~ee, or a substantial part of its property; or (vi) Lessee shall mortgage, assi~ or otherwise
encumber its leasehold interest. In no event, without the expressed written approval of the Lessor
4

EXHIBIT S2, PG 008

162

shall this Lease be considered an asset of Lessees estate in Bankruptcy or Insolvency, or any
receiver or of trustee with respect thereto.
B. If an Event of Default occurs, this Lease shall, at the option of
Lessor, cease and terminate and shall operate as notice to quit any notice to quit, or of Lessors
intention to re-enter, being, hereby expressly waived and Lessor may proceed to recover
possession under and virtue of the provision of the laws of Washington D.C. or by such other
proceedings, including re-entry and possession, as may be applicable, if Lessor elects to
terminate this Lease due to an Event of Default, the obligations and conditions herein contained
on the part of Lessor to be performed shall cease without prejudice, subject however to the right
of Lessor to recover from Lessee all rental and other charges accrued up to the time of
termination or recovery of possession by Lessor, which is later.

C. Should this Lease be terminated before the expiration of the term of this
Lease by reason of a Event of Default, the Demised Premises may be relet by Lessor, for such
rent and upon such terms as Lessor is able to obtain, and if the full Base Rent shall not be realized
by Lessor, Lessee shall be, liable for all damages sustained by Lessor, including, without
limitation, the deficiency in Base Rent, reasonable attorneys fees, other collection costs and all
expenses (including leasing fees) of placing the Demised Premises in rentable condition. Any
damage or loss sustained by Lessor may recovered by Lessor, at Lessors option (i) at time of the
resetting, (ii) in separate actions, from time to time, as said damage shall have been made more
easily ascertainable by successive reletting. and/or (iii) be deferred until the expiration of the term
of this Lease, in which event the cause of action shall not be deemed to have accrued until the
date of expiration of said term. The provision contained in this paragraph shall be in addition to
and shall not prevent the enforccment of any claim Lessor may have against Lessee for
anticipatory breach of unexpired term of this Lease, All rights and remedies of Lessor under this
Lease shall be cumulative and shall nol be exclusive of any other rights and remedies provided to
Lessor under applicable law.
D. Lessee Waives any and all rights of redemption.
E. Lessor can obtain and enforce a judgment for its damages under this Lease.
notwithstanding any pending mandatory counterclaims that have not rendered ajudgment.
F. Bankruptcy
1.

If this lease is assigned pursuant to the provisions of hereof or by the


order of the United States Bankruptcy Court pursuant to the
provisions of the Bankruptcy Code, II U.S.C. 101 et seq. (the
Bankruptcy Code), any and all considerations payable in
connection with such assignment shall be paid to or delivered to
Lessor, shall he and remain the exclusive property of Lessor and
shall not constitute property of Lessee or of the estate of Lessee
within the meaning of the Bankruptcy Code. If such consideration is
not paid or delivered to Lessor, but is paid to the Lessee, such
property shall be considered to be unequivocally the Lessors
property as an additional security deposit, for the assignment shall be
deemed to be held in trust for the benefit of Lessor. All such
consideration will be promptly paid or delivered to Lessor upon its
request.

EXHIBIT S2, PG 009

163

2.

If this Lease is assigned pursuant to the provisions of the Bankruptcy


Code. 11 U.S.C. 101 et seq., the assignee shall be deemed without
further act to have assumed all of the obligations arising under this
Lease on and after the date of such assignment. Any such assignee
shall upon demand, execute and deliver to Lessor, an instrument or
other appropriate documents evidencing authorization to enter into
such assumption.

3. In the event that this Lease is assigned pursuant to sub-paragraph (2)


above, the lease term shall be as long as the then current contract
between Lessee and Lessor.
19.
Condemnation. Lessee agrees that if the Demised Premises, or any part thereof
shall be taken or condemned for public or quasi-public use or purpose by any authority, Lessee
shall have no claim against Lessor and shall not have any claim or right to any portion of the
amount that may be awarded as damages or paid as a result of any such condemnation. Lessee
shall have the right to proceed against the condemning authority for damages, moving expenses
and other appropriate lawful claims. Upon such total taking or such partial taking, the term of
and Lessee shall have no claims of any nature whatsoever against Lessor for the value of any
unexpired portion of this Lease.
20,
Assi2nments.. Lessee shall not have the right to encumber or assign this Lease or
to sublet the Demised Premises in whole or in part without the Lessors prior written approval.
21.
Successors. It is agreed that all rights, remedies and liabilities herein given to or
imposed upon either of the parties hereto, shall extend to their respective successors and
permitted assigns.
22.
No Partnership. Nothing contained in this Lease shall be deemed or construed to
create a partnership or joint venture of or between Lessor and Lessee or to create any other
relationship between the parties hereto other that of Lessor and Lessee.
23.
Entire Agreement. This Lease contains the entire agreement between the parties.
and no oral statements or representations or prior written matter not contained or referred to in
this instrument shall have any force or effect. This Lease shall not be modified in any way except
by a writing subscribed by both parties hereto. No waiver of any provision of this Lease shall be
deemed to have been made unless in writing and signed by the party to be charged herewith.
24.
Q9vemingjg~. This Lease and all amendments thereof shall be governed and
construed in accordance with the laws of the District of Columbia.
25.
Waiver. The failure of Lessor to insist upon a strict performance of any of the
terms, conditions and covenants herein, shall Dot be deemed a waiver of any subsequent breach or
default in the terms, conditions and covenants herein contained.
26.
Validity. If any term or provision of this Lease or the application thereof to any
party or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease,
or the application of such term or provision to persons or circumstances or other than those as to
which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of
the Lease shall be valid and enforced to the fullest extent permitted by law.

EXHIBIT S2, PG 010

164

27.
Brokers. Lessor and Lessee each represents and warrant that neither of them has
employed and broker or agent in carrying on the negotiations relating to this Lease. Lessor shall
indemni& and hold harmless the Lessee, and Lessee shall indemni~ and hold harmless the
Lessor from and against any claim for brokerage or other commissions arising from or by the
respective indemnitor.
28.
Notices. All notices required or desired to be given hereunder by either party to
the other shall be given by overnight delivery service (e.g. Federal Express, UPS, etc.), or by
certified or registered mail, return receipt request, postage prepaid. Notices to the respective
parties shall be addressed as follows:

If to Lessor:

If to Lessee:

do Anchor Development of DC LLC


2254 25 Place, NE
Washington, DC 20018

Anchor Construction Corp


At the Demised Premises

EXHIBIT S2, PG 011

165

EXHIBIT S - 3

Capitol Paving of DC, Department of Small & Local Business


Development Application Excerpts

166

Page 1 of I

DSLBD HOME I CBE Business Online I CBS Application.

siness Certification Informa

Melissa Resil

Capitol Paving of D.C., Inc.


~ on
ilndpal Owner
Contact Name
Address
Phone:
Fax
Eai.
Websta URL
Dale Eatabtp.hed
Orgarflzaffcn Type
Wart

Excavation;
and RamovaiConcrete;
Services Underground Water Sewer and Utihoes; Street and Highway Constn,clion; Curb and Gutter Brick Work Project Managing; Cost Eshmaung; instatation
FranclsCo Rodriguez-Nato
Franosca Rodriguez-Nato
2211 CHANNiNG STREET NE, Washington DC 20018
(202) 529-7225
(202) 8324642
tlw_cpdcccomCast.nat
w~wrcap.toIpaving.com
11)911967
Corporation
5

Certification Information
Exfre:
611312015
CBE Number
LSD<33730062015
Preference Points 12(2 for LBE; 3 for SBE; 2 For DZE, 5forLRB)
NIGP
Code

Codes
Description
Consthjdion, Highway and Road
Consthjction, Street (Major and Resldentiai){inciudes Re~nstruaion)
Maintenance and Repair, Sewer and Storm Drain (including Removai)
Maintenance and Repair, Water System, Main and Service Line
Concrete
Cost Estimating
Non-Profesaonai Services (Not Otheiv.tse Ciassited)
installation and Removal Services (Not Otherwise Classified)

913-27-00

913-50-00
913-81-00
913-92-00
914-30-00

961-21-00
961-96-00
962-46-00

Trade Divisions
Trade

Division

Sub-oiviaion Description

Activity Information
type

Percentage of diversity

ConstiuctioruConfracting

100%

<<Back

Disbict Newa
Press Bnsfr~ & Staedu~s
Slalarnana 4 R&snss

Information Centsrs
l2floura Emergency Plairsrrg
Bosom

Cltyvtde Calendar
Ceraoa

DC Govemment
Mayors Oace
DC gendes

Contact us
Cat Sit
Contact Sti Mayor

Sutscnze 0 Enraia

Corsone. P,otadon

DC ~ho

DC Cotnrdt

Contact %eorcy Otiectors

Sutsathe to Tan~ Ojera

Edecenon

DC Proajrreraee

Elected Olsdeb

Seal Feedback

Onine Chati

Heath

Green DC

~ttd Anpointees

Seack Telephone Orectory

DC Gnu Sooal Neeeo4lcs

Sodat serocee

DC One Card

Court

Stitnit service Request

DC W~ brats

R.adants

interagency cm Hon.nea

DC Lies

Make rotA Requesa

3~ttrrrenr Ctowas

Veto,.

Recovery drgw

DC Statehood

545

Aceamb)rry

About

DC Gay

DC Guide

W-Fi Hotspons

Feedback

PnvaCy & Seointy

Terms & Conditions

EXHIBIT S3, PG 001


http:

sdbe.clslbdslc.gov public ccruhcatjon info.aspx?compajivid 4239&lsdbcid 4097&RctunsURL %2fbublic~2fccrlilicatio,i%...

167
6 132013

Corporate Officers and Key Personn


Step 5
Officer! Key Personnel
Address
Francisco Neto
8013 Greenwich Woods Drive
McLean, VA 22102
Luis Neto
1176 Wndrock Drive
McLean, VA 22102
Phuong Tran
5509 Bouffant Boulevard
Alexandria, VA 22311
Randolph Panizo
6962 Park Avenue
McLean, VA 22101
-

Bonding Information
Step 6
Bonding Company Name:
Bonding Company Address:

Operationa
President

ction

Date_Appointed
11/09/1987

Corporate Secretary

01/02/1 995

Vice PresidentiChief Estimato

02/08/1 999

Financial Business Manager

12/19/2005

Bonding
Bonding
Bonding
Bonding
Bonding

The Hartford
3190 Fairview Drive, #400
Falls Church VA 22042

Company Specialties.
Company Phone:
Company Fax:
Contact Person:
Limit:

(703) 698-0788
(703) 610-8377
Rick Davis
$40,000,000.00

Business Licenses
Step 7
Business, Professional, and!or Trade Licenses:
License Type
License Number
DC Business License
70107280
Business License
20701031860
Business License
15718903

Expiration Date
08/31/2014
05/31/2014
04/03/2014

Authorizinq Entity
District DCRA
Commonwealth of Virginia
State of Maryland

Business Information, NIGP Codes, and Trade Divisions


Step 8
Describe the business primary line, trade, or service:
Excavation; Concrete; Underground Water, Sewer and Utilities; Street and Highway Construction; Curb and Gutter; Brick Work;
Project Managing; Cost Estimating; Installation and Removal Services

Applicable National Institute of Government Purchasing (NIGP) Commodity Codes for this business:
912-00-00
CONSTRUCTION SERVICES, GENERAL (INCL. MAINTENANCE AND REPAIR SERVICES)
913-00-00
CONSTRUCTION SERVICES, HEAVY (INCL. MAINTENANCE AND REPAIR SERVICES)
913-27-00
Construction, Highway and Road
913-50-00
Construction, Street (Major and Residential)(lncludes Reconstruction)
913-81-00
Maintenance and Repair, Sewer and Storm Drain (Including Removal)
913-92-00
Maintenance and Repair, Water System, Main and Service Line
914-30-00
Concrete
961-21-00
Cost Estimating
Non-Professional Services (Not Otherwise Classified)
961-96-00
962-46-00
Installation and Removal Services (Not Otherwise Classified)
968-00-00
PUBLIC WORKS AND RELATED SERVICES
Applicable Trade Divisions for this business:
No selected Trade Divisions
Business Information
1.
2.
3.
4.
5.
6.
7.
8.

Step 9

Did the legal Structure of the business enterprise change?


Did your business enterprise move?
Have the officers of the business enterprise changed?
Have there been any changes in the business enterprises stock shares?
Have there been any changes in the ownership or control of the business enterprise?
Have there been any changes in the products or services offered?
Have there been any stock transfer agreements?
EXHIBIT S3, PG 002
Have there been any third party agreements?

168

Yes
No
No
No
No
No
No
No

RECERTIFI

ON APPLICATION LISTING FOR Capit


As of Wednesday, May 15, 2013

Business Information
Step I
Business Name:
FEIN:
Applying For
Business Structure:
Date Business Established:
Location of Incorporation:
Location Address 1:
Location Address 2:
Location City:
Location State:
Location Zip Code:
Principal Contact:
Contact Title:
Contact Phone:
Contact Email:
Secondary Contact:
Contact Title:
Contact Phone:
Contact Email:
Business Phone:
Business Fax:
Business Email:
Business Website

wing of D.C., Inc.

Capitol Paving of D.C.. Inc.


521543117
LBE SBE, DZE, LRB
Corporation
11/09/1987
District of Columbia
2211 CHANNING STREET NE
,

WASHINGTON
DC
20018
Francisco Rodrigues-Neto
PresidentlOwner
(202) 529-7225
tlw_cpdc@comcast net
Phuong Tran
Vice President
(202) 529-7225
thdp497scpdc@comcast net
(202) 529-7225
(202) 832-4642
rpanizo~capitolpaving.com
www.capitolpaving.com

Business Information Step 2


Primary Business Activity
0% Consultant/Professional Service Provider
100% Construction/Contracting
0% Manufacturer
0% Distributor
0% Wholesaler
0% Retail Service Provider
0% Service Provider
0% Financial Institution
0% Real Estate Developer/Construction Manager
0% Other (Please describe)
Total fixed (excluding cash or liquid) assets of the business
enterprise, and the value and percentage of fixed assets
located in the DC.
Total Assets:
8240445.00
Total Fixed Assets:
1400853.00
Fixed Assets in DC:
1400853.00
Percentage of Fixed Assets in DC:
100.00%

Gross Revenues Last Three Years


Year
2010
2011
2012
Average:
-

Gross Receipts
$38,083,890.00
$23,645,439.00
$25,957,316.00
$29,228,881.67

Three largest contracts performed in the last three years:


Name of Contract
Prime/Sub Contractor Service Provided
Amount
Fire Hydrant Replacement #6 Prime
Replace Fire Hydrants $1,550,700.00
Rehabilitation of O&P Streets Prime
Roadway & Paving
$11,816,398.50
EXHIBIT
S3,
PG 003
Georgia Avenue Great Street Prime
Roadway & Paving
$8,579,330.04

Date ComDlete
09/27/2012
08/21/2012
11/17/2011

169

Department of Small & Local Business Develooment


CBE ANALYSIS REPORT
Ca itol Pavin of D.C., Inc.
Identification of Owners
Resident Owned Business ROB)! Disadvanta ed Business (DBE)
Owner Name? Home Address
% Owned
DC Resident (YIN)
Race
Gender
Personal Networth
Francisco Rodriguez-Neto
8013 Greenwich Woods Drive
100
N
Hispanic
Male
N/A
McLean, VA 22102
Evidence of the Ability to Quallfy!Not Qualify for ROB or DBE (including documentation of residency & minority
status, review of drivers license, personal & business tax returns, stock certificates, personal
financials, etc.
(N/A)

EXHIBIT S3, PG 004

170

Department of Small & Local Business Develooment


CBE ANALYSIS REPORT
Ca itol Pavin of D.C., Inc.
Identification of Owners
Resident Owned Business ROB)! Disadvanta ed Business (DBE)
Owner Name? Home Address
% Owned
DC Resident (YIN)
Race
Gender
Personal Networth
Francisco Rodriguez-Neto
8013 Greenwich Woods Drive
100
N
Hispanic
Male
N/A
McLean, VA 22102
Evidence of the Ability to Quallfy!Not Qualify for ROB or DBE (including documentation of residency & minority
status, review of drivers license, personal & business tax returns, stock certificates, personal
financials, etc.
(N/A)

EXHIBIT S3, PG 005

171

GOVERNMENT OF THE DISTRICT OF COLUMBIA


DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT

LSDBE APPLICATION SWORN AFFIDAVIT


The undersigned, as a duly authorized representative of
Francisco R. Neto
(Name of Company),
swears (or affirms) that the statements made as part of the attached certification application and submitted with or without a bid or proposal request)
are true and correct and include all other information necessary to:
1. Identify and explain the operations of the company;
2. Identify the ownership of the company; and, otherwise,
3. Establish the companys eligibility for certification under the Small, Local, and Disadvantaged Business Enterprise Development and
Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; 52 DCR 7503).

Signature:

Name:

Francisco R. Neto

Title:

President

Date:

April 23, 2013

District of Columbia (~jafl&~~xn~a{&oo(x__________________


Signed and sworn (or affirmed) before me on this
who is well known t

23rd day of

April

2013 by
,

Francisco R. Neto

e person who executed the foregoing affidavit and who acknowledged the same to be his/her free act and d

Notary signature:

Gb4,.
Randolph B. Panizo
My commission expires:

Notary Public, District of Columbia


~on1mia~l00 Expires W3W2013

-s,
EXHIBIT S3, PG 006

4~

172

Department of Small & Local Business Develnoment


Evidence of Management and Control

CBE ANALYSIS REPORT


a tolPavin of D.C., Inc.
(No Site Visits performed)

Based on:
Site Visit/Date
Review
~ Documentation
Other
Areas of Consideration
Note; A (No res onse to an of these statements requires an explanation below
1
The site visit reveals that the firms principal office is physically located in the District of Columbia (describe below)

C)

No

N/A

The offices of the firms principal owners are located at the location (describe below)

The record reflects that the firm has office locations in other jurisdictions (explain below)

The firm is independently owned, operated and controlled.


The firm has a binding relationship with other firms (i.e., non-qualifying firm, prime contractors, loans, leases,
etc.)
A qualifying owner holds the highest position in the company

A qualifying owner controls the firm/Board of Directors.

A qualifying owner controls the day-to-day operations of the firm

(4
*

A qualifying owner is responsible for the hiring and firing of employees

@)

10

A qualifying owner signs checks.

11

A qualifying owner negotiates and signs contracts.

*
*

CD
0

12

A non-qualifying owner possesses the necessary licenses


skills
education
other:
critical to the operation of this business.

(j

13

selected; Other field should allow up to 25 alpha-numeric characters).


The qualifying owner possesses the ability to operate and control the business.

14

The qualifying owner has outside employment. If yes, please explain below

(Multiple checkboxes can be

Summary (Please expound on any of the above items and/or discuss other issues of importance)
Capitol Paving of D.C., Inc. is independently owned and operated. Mr. Rodriguez-Neto handles the daily operations for
the firm including but not limited to signing and negotiating contracts. Mr. Rodriguez-Neto holds the highest position
in the firm. The firm has no other offices in or outside the District of Columbia.

EXHIBIT S3, PG 007

173

Corporate Ownership Step 3


List the total number of employees, an
responding number of employees who a
sidents of the District of Columbia and on
payroll with the enterprise for the three preceding years:
Year 1
Year 2
Year 3
2010
2011
2012
Number of Full-Time Employees:
153
141
124
Number of Part-Time Employees:
0
0
0
Number of D.C. Resident Full-Time Employees:
42
16
46
Number of D.C. Resident Part-Time Employees:
0
0
0
Total Number of Employees:
153
141
124
Total Number of D.C. Resident Employees:
42
16
46
Owner Name
Home Address
Phone
Is Citizen? # Shares % Owner Initial $ Stock Class
Francisco Rodriguez-Neto 8013 Greenwich Woods Drive (703) 442-8243 Yes
6000
100%
McLean, VA 22102

Board of Directors
Director Name
Francisco Neto

Step 4
Home Address
8013 Greenwich Woods Drive
McLean, VA 22102

Home Phone
(703) 442-8243

EXHIBIT S3, PG 008

President

Date ADoointed
11/01/1987

174

9. Have there been profit sharing agree


ts?
No
10. Has the business enterprise previously worked and/or is it currently working on any contracts with the District of Columbia? Yes
Capitol Paving is a DC based contractor and has been successful in bidding and being awarded multiple contracts with the District
Department of Transportation and D.C. Water and Sewer Authority. Approximately 90% of our contract work is with the District of
Columbia. See attached contract list.
11. Does the business enterprise have any other locations related to this business (i.e., storage/warehouse)?
Yes
Explanation:
We utilize a storage yard and mechanic shop located at 1525W Street, N.E., and use a storage yard located at 2417 Evarts Street,
N.E..
12. Does the business enterprise have any other affiliated entities (e.g. parent company, subsidiary, etc.)?
Yes
ExpJanation:
Capitol Paving uses the services of Paving Management Corporation for our Administrative and Professional personnel (Estimators,
Financial Managers, Project Management Employees, Safety Director, Payroll Manager, Comptroller and Accounting Managers,
and Clerical Staff. Paving Management owns and leases the main office and mechanic shop to Capitol Paving.
13. Does the business enterprise currently hold any other certifications (e.g. SBA, MDOT, MWAA, WMATA, NMSDC, WBENC, Yes
VDOT, etc.)? If yes, please provide the certification number and expiration date
Certified By Certification Number
Expiration Date
Other:
CCR, Federal Contractor Registry, ORCA
14. Do you consider your business enterprise a green business?
15. Is the business enterprise in Good Standing with the Office of Tax and Revenue?
16. Is the business enterprise in Good Standing with the Department of Consumer and Regulatory Affairs?
17. Did you or any individual affiliated with the firm attend a CBE Orientation seminar?

EXHIBIT S3, PG 009

No
Yes
Yes
No

175

Corporate Officers and Key Personn


Step 5
Officer! Key Personnel
Address
Francisco Neto
8013 Greenwich Woods Drive
McLean, VA 22102
Luis Neto
1176 Wndrock Drive
McLean, VA 22102
Phuong Tran
5509 Bouffant Boulevard
Alexandria, VA 22311
Randolph Panizo
6962 Park Avenue
McLean, VA 22101
-

Bonding Information
Step 6
Bonding Company Name:
Bonding Company Address:

Operationa
President

ction

Date_Appointed
11/09/1987

Corporate Secretary

01/02/1 995

Vice PresidentiChief Estimato

02/08/1 999

Financial Business Manager

12/19/2005

Bonding
Bonding
Bonding
Bonding
Bonding

The Hartford
3190 Fairview Drive, #400
Falls Church VA 22042

Company Specialties.
Company Phone:
Company Fax:
Contact Person:
Limit:

(703) 698-0788
(703) 610-8377
Rick Davis
$40,000,000.00

Business Licenses
Step 7
Business, Professional, and!or Trade Licenses:
License Type
License Number
DC Business License
70107280
Business License
20701031860
Business License
15718903

Expiration Date
08/31/2014
05/31/2014
04/03/2014

Authorizinq Entity
District DCRA
Commonwealth of Virginia
State of Maryland

Business Information, NIGP Codes, and Trade Divisions


Step 8
Describe the business primary line, trade, or service:
Excavation; Concrete; Underground Water, Sewer and Utilities; Street and Highway Construction; Curb and Gutter; Brick Work;
Project Managing; Cost Estimating; Installation and Removal Services

Applicable National Institute of Government Purchasing (NIGP) Commodity Codes for this business:
912-00-00
CONSTRUCTION SERVICES, GENERAL (INCL. MAINTENANCE AND REPAIR SERVICES)
913-00-00
CONSTRUCTION SERVICES, HEAVY (INCL. MAINTENANCE AND REPAIR SERVICES)
913-27-00
Construction, Highway and Road
913-50-00
Construction, Street (Major and Residential)(lncludes Reconstruction)
913-81-00
Maintenance and Repair, Sewer and Storm Drain (Including Removal)
913-92-00
Maintenance and Repair, Water System, Main and Service Line
914-30-00
Concrete
961-21-00
Cost Estimating
Non-Professional Services (Not Otherwise Classified)
961-96-00
962-46-00
Installation and Removal Services (Not Otherwise Classified)
968-00-00
PUBLIC WORKS AND RELATED SERVICES
Applicable Trade Divisions for this business:
No selected Trade Divisions
Business Information
1.
2.
3.
4.
5.
6.
7.
8.

Step 9

Did the legal Structure of the business enterprise change?


Did your business enterprise move?
Have the officers of the business enterprise changed?
Have there been any changes in the business enterprises stock shares?
Have there been any changes in the ownership or control of the business enterprise?
Have there been any changes in the products or services offered?
Have there been any stock transfer agreements?
EXHIBIT S3, PG 010
Have there been any third party agreements?

176

Yes
No
No
No
No
No
No
No

De

tment of Small S Local Business Dev

item

CBE ANALYSIS REPORT


Ca itol Pavin of DC. Inc.
Assigned Specia/ist: Heynes, Makita
Type of Request
Certification

Joint Venture

Recertification

Upgrade

Provisional Certification

Old Business

CertIfication Categories Requested


Local Business Enterprise (LBE)
Development Enterprise Zone
(DZE)
Veteran-Owned Business (VOB)
Date New Application Submitted;

Small Business Enterprise (SBE)

Longtime Resident Business (LRB)

Disadvantaged Business Enterprise


(DBE)
Resident Owned Business (ROB)

Local-Manufacturing Business Enterprise


(LME)
4/23/2013

Applicants Justification for Action


requested;

Capitol Paving of D.C., Inc. is requesting re-certification as LBE, SBE DZE, and LRB.

500 characters maximum)

Applicants Current CertifIcation Status


Approval Date

Provisional #/CBE #

Exoiration Date

Provisional;
Certification;

7/15/2011

Recertification;

7/15/2011

I
I

X99942072013

7/15/2013

LZX99942072013

7/15/2013

Current Certification Categories


~ Local Business Enterprise (LBE)

~ Small Business Enterprise (SBE)

~ Development Enterprise Zone


(DZE)

fl Longtime Resident Business (LRB)

111 Veteran-Owned Business (VOB)

~ Local-Manufactur ng Business Enterprise


(LME)

Disadvantaged Business Enterprise


(DBE)
Resident Owned Business (ROB)

Current Business Location Address


Street Address 1 ;
City;t

12211 CHANNING STREET NE

WASHINGTON

State

Street Address 2;

DC

Zip Code;t 20018

Business Phone;* 202


529 7225
Business Email
Address; ~rpanizo~capitolpaving corn
-

Business Fax;* 202 832 4642


Business
Website Address frw-w capitolpaving.com

Previous Address
Street Address 1*
City;*

Street Address 2
Zip Code;t

Statet

Business Structure
G

Corporation

# of Years in Existence;

Limited Liability Corporation

Date Business Established;

Sole Proprietorship

25 58
Registered 25.58

# of Continuous Years in

Partnership

From

years DCRA

11/9/1987

To; 6/10/2013

11/9/1987

EXHIBIT S3, PG 011

177

EXHIBIT V - 1

BALLJOINT DAMAGE

Control Arm Schematic and Damaged Control Arm


Photos of Car Cheeks was Driving

178

CONTROL ARM = 140

2
EXHIBIT V1, PG001

179

Control Arm with Ball Joint Inserted

3
EXHIBIT V1, PG002

180

Control Arm with Ball Joint

4
EXHIBIT V1, PG003

181

Ball Joint from Mercedes Cheeks was Driving

5
EXHIBIT V1, PG004

182

Control Arm with Ball Joint

6
EXHIBIT V1, PG005

183

Control Arm with Ball Joint Inserted

7
EXHIBIT V1, PG006

184

EXHIBIT V - 2

National Highway Traffic Safety Administration (NHTSA)


2003 Mercedes Benz C230 Report from "Safercar"
March 3, 2015

EXHIBIT V2, PG 001

185

3/5/2015

2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)

2003MERCEDESBENZC230
Recalls

Investigations

Complaints

ServiceBulletins

44

16

Belowisalistofsafetyrelatedcomplaintsreceivedforthisproduct.Complaintsareenteredintoourcomplaintdatabaseandareusedtodetermineifasafetyrelateddefecttrend
exists.
Doyouhaveasafetyrelatedcomplaint?LetusknowbygoingtoourFileaSafetyComplaintpage

COMPLAINTS:Displaying15outof44
DateComplaintFiled:12/15/2014
Component(s):ENGINE

DateofIncident:01/29/2010
NHTSAIDNumber:10664344

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J03A...

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATTHECHECKENGINEWARNINGLIGHTILLUMINATED
ANDTHEVEHICLESTALLEDWITHOUTWARNING.THEFAILUREOCCURREDONSEVERALOCCASIONS.THEVEHICLEWASTAKENTOTHE
DEALER,WHOREPAIREDTHEENGINEWIRINGHARNESSANDTHEENGINECAMSHAFTADJUSTMENTSOLENOID,BUTTHEFAILURE
RECURRED.THECONTACTSTATEDTHATWHILEDRIVINGATAPPROXIMATELY75MPH,THEVEHICLESTALLED.THEVEHICLEWASABLETO
RESTART.THEVEHICLEWASNOTDIAGNOSEDORREPAIRED.THEMANUFACTURERWASNOTIFIEDOFTHEFAILURE.THEFAILUREMILEAGE
WASNOTAVAILABLE.

DateComplaintFiled:06/05/2014
Component(s):ENGINE

DateofIncident:06/03/2014
NHTSAIDNumber:10596375

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: Yes NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
IWASDRIVINGTHEVEHICLEHOMEFROMWORKANDHEADINGUPHILL.MYAUTOMATICAIRCONDITIONINGCLICKEDOFF,ANDTHENI
NOTICEDASTRONGCHEMICALSMELL.SMOKECAMEOUTFROMUNDERMYHOOD.THEREWASNOSAFEPLACETOPULLOVER,SOIDROVE
ANOTHER1/4MILEUNTILICRESTEDTHEHILLANDCAMETOADIP.INOTICEDFLAMESCOMINGTOWARDMEFROMBETWEENTHEDRIVER
DOORANDTHEDASH.IIMMEDIATELYPULLEDMYCAROVERANDPUTITINPARK,GRABBEDMYSTUFFANDGOTOUT.THECAR
COMPLETELYBURNEDUP.IGETMYCARREGULARLYMAINTENANCEDBYTHEDEALER,ANDITSAIDIHAD1800OR1900MILESUNTILMY
NEXTSERVICE.*TR

DateComplaintFiled:07/12/2011
Component(s):ENGINEANDENGINECOOLING

DateofIncident:06/23/2003
NHTSAIDNumber:10412018

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: Yes NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J43A...

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATTHEREWASANEXCESSOFSMOKECOMINGFROMTHE
TAILPIPE,BLINDINGTHECONTACTSVIEWOFVEHICLEFOLLOWING.THEVEHICLETHENBEGANTOLOSEPOWERABNORMALLYANDWAS
MOVEDFROMTHEROADWAYWHEREITWASTOWEDTOTHEDEALER.THEDEALERADVISEDTHATANENGINEVALVEHADMELTEDINTO
TWOPIECESANDAPIECEOFTHEVALVEWASFOUNDINTHEMANIFOLD.THEVEHICLEWASNOTREPAIRED.THEFAILUREMILEAGEAND
CURRENTMILEAGESWERE90,000.

EXHIBIT V2, PG 002

186
http://wwwodi.nhtsa.dot.gov/owners/SearchResultsjsessionid=8hTpJ4FBj94Q3fqy6Km1T0S2vsHB10S6D04RzgT3l2WvmthPQXlG!942636767?prodType=V

1/2

3/5/2015

2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)
DateComplaintFiled:03/23/2011
Component(s):ENGINEANDENGINECOOLING

DateofIncident:03/01/2011
NHTSAIDNumber:10392666

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
IHAVE2003MERCEDESBENZC230.WHENEVERIWOULDSTARTTHEVEHICLEITWOULDGIVEMEJERKORMAKENOISEANDFINALLYJUST
BEFORETAKINGITTOADEALERITSTALLED.IHADITTOWED.THEVEHICLEWASTAKENTOALOCALSHOP,WHICHSUGGESTEDTHATTHE
PROBLEMISMUCHLARGERANDNEEDSTHEATTENTIONOFTHEMANUFACTURERANDHENCETOTAKENTOTHEDEALER.ITWAS
DIAGNOSEDASTHETIMINGCHAINWASDEFECTIVEANDTHELOCALSHOPOWNERSAIDTHISWASACOMMONPROBLEMWITHTHISVEHICLE
ANDASERIOUSPROBLEMWITHMAJORCOSTTOFIX.THEMANUFACTURERWASCONTACTEDWHODIDNOTOFFERANYASSISTANCE.THE
VEHICLEISNOTREPAIREDASTHECOSTOFFIXISASLARGEASTHECARSCURRENTVALUE.THEFAILUREANDCURRENTMILEAGEIS
68,000.*TR

DateComplaintFiled:02/23/2011
Component(s):ENGINEANDENGINECOOLING

DateofIncident:01/22/2011
NHTSAIDNumber:10384138

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATWHENEVERSHEWOULDSTARTTHEVEHICLE,IT
WOULDJERKVIOLENTLY.THEVEHICLEWASTAKENTOALOCALREPAIRSHOPWHEREITWASDIAGNOSEDTHATTHECAMSHAFTSENSOR
WASLEAKINGANDTHETIMINGCHAINWASDEFECTIVE.THEMANUFACTURERWASCONTACTEDWHODIDNOTOFFERANYASSISTANCE.THE
VEHICLEWASREPAIRED.THEVINWASUNAVAILABLE.THEFAILUREANDCURRENTMILEAGEWAS92,000.

1200NewJerseyAvenue,SE,WestBuildingWashingtonDC20590USA1.888.327.4236TTY1.800.424.9153

EXHIBIT V2, PG 003

187
http://wwwodi.nhtsa.dot.gov/owners/SearchResultsjsessionid=8hTpJ4FBj94Q3fqy6Km1T0S2vsHB10S6D04RzgT3l2WvmthPQXlG!942636767?prodType=V

2/2

3/5/2015

2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)

2003MERCEDESBENZC230
Recalls

Investigations

Complaints

ServiceBulletins

44

16

Belowisalistofsafetyrelatedcomplaintsreceivedforthisproduct.Complaintsareenteredintoourcomplaintdatabaseandareusedtodetermineifasafetyrelateddefecttrend
exists.
Doyouhaveasafetyrelatedcomplaint?LetusknowbygoingtoourFileaSafetyComplaintpage

COMPLAINTS:Displaying11outof1filteredfrom44
DateComplaintFiled:03/20/2008
Component(s):SUSPENSION

DateofIncident:03/12/2008
NHTSAIDNumber:10221835

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J53A...

1AssociatedDocument
NumberofDeaths: 0

SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230K.WHILEDRIVING72MPH,THECONTACTHEARDAPOPPINGSOUNDANDTHE
WARNINGLIGHTFORTHEBRAKESILLUMINATEDONTHEINSTRUMENTPANEL.SHEWASONLYABLETOSTOPTHEVEHICLEBYUSINGTHE
HANDBRAKE.THEVEHICLEWASTOWEDTOTHEDEALERANDTHEYSTATEDTHATTHEFRONTWHEELBEARINGBECAMEDAMAGEDAND
CAUSEDDAMAGETOTHESPINDLE.THEBEARINGNEEDEDTOBEREPLACED.THECONTACTHASPICTURES.THEPURCHASEDATEWAS
UNKNOWN.THECURRENTMILEAGEWAS61,500ANDFAILUREMILEAGEWAS60,500.UPDATED4/21/08*CNTHECONSUMERSTATEDWOULD
LIKETOBEREIMBURSEDFORALLCOSTSINCURREDDUETOTHEDEFECT.UPDATED04/21/08*TR

1200NewJerseyAvenue,SE,WestBuildingWashingtonDC20590USA1.888.327.4236TTY1.800.424.9153

EXHIBIT V2, PG 004

188
http://wwwodi.nhtsa.dot.gov/owners/SearchResultsjsessionid=8hTpJ4FBj94Q3fqy6Km1T0S2vsHB10S6D04RzgT3l2WvmthPQXlG!942636767?prodType=V

1/1

3/5/2015

2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)

2003MERCEDESBENZC230
Recalls

Investigations

Complaints

ServiceBulletins

44

16

Belowisalistofsafetyrelatedcomplaintsreceivedforthisproduct.Complaintsareenteredintoourcomplaintdatabaseandareusedtodetermineifasafetyrelateddefecttrend
exists.
Doyouhaveasafetyrelatedcomplaint?LetusknowbygoingtoourFileaSafetyComplaintpage

COMPLAINTS:Displaying15outof44
DateComplaintFiled:12/15/2014
Component(s):ENGINE

DateofIncident:01/29/2010
NHTSAIDNumber:10664344

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J03A...

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATTHECHECKENGINEWARNINGLIGHTILLUMINATED
ANDTHEVEHICLESTALLEDWITHOUTWARNING.THEFAILUREOCCURREDONSEVERALOCCASIONS.THEVEHICLEWASTAKENTOTHE
DEALER,WHOREPAIREDTHEENGINEWIRINGHARNESSANDTHEENGINECAMSHAFTADJUSTMENTSOLENOID,BUTTHEFAILURE
RECURRED.THECONTACTSTATEDTHATWHILEDRIVINGATAPPROXIMATELY75MPH,THEVEHICLESTALLED.THEVEHICLEWASABLETO
RESTART.THEVEHICLEWASNOTDIAGNOSEDORREPAIRED.THEMANUFACTURERWASNOTIFIEDOFTHEFAILURE.THEFAILUREMILEAGE
WASNOTAVAILABLE.

DateComplaintFiled:06/05/2014
Component(s):ENGINE

DateofIncident:06/03/2014
NHTSAIDNumber:10596375

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: Yes NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
IWASDRIVINGTHEVEHICLEHOMEFROMWORKANDHEADINGUPHILL.MYAUTOMATICAIRCONDITIONINGCLICKEDOFF,ANDTHENI
NOTICEDASTRONGCHEMICALSMELL.SMOKECAMEOUTFROMUNDERMYHOOD.THEREWASNOSAFEPLACETOPULLOVER,SOIDROVE
ANOTHER1/4MILEUNTILICRESTEDTHEHILLANDCAMETOADIP.INOTICEDFLAMESCOMINGTOWARDMEFROMBETWEENTHEDRIVER
DOORANDTHEDASH.IIMMEDIATELYPULLEDMYCAROVERANDPUTITINPARK,GRABBEDMYSTUFFANDGOTOUT.THECAR
COMPLETELYBURNEDUP.IGETMYCARREGULARLYMAINTENANCEDBYTHEDEALER,ANDITSAIDIHAD1800OR1900MILESUNTILMY
NEXTSERVICE.*TR

DateComplaintFiled:07/12/2011
Component(s):ENGINEANDENGINECOOLING

DateofIncident:06/23/2003
NHTSAIDNumber:10412018

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: Yes NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J43A...

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATTHEREWASANEXCESSOFSMOKECOMINGFROMTHE
TAILPIPE,BLINDINGTHECONTACTSVIEWOFVEHICLEFOLLOWING.THEVEHICLETHENBEGANTOLOSEPOWERABNORMALLYANDWAS
MOVEDFROMTHEROADWAYWHEREITWASTOWEDTOTHEDEALER.THEDEALERADVISEDTHATANENGINEVALVEHADMELTEDINTO
TWOPIECESANDAPIECEOFTHEVALVEWASFOUNDINTHEMANIFOLD.THEVEHICLEWASNOTREPAIRED.THEFAILUREMILEAGEAND
CURRENTMILEAGESWERE90,000.

EXHIBIT V2, PG 005

189
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3/5/2015

2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)
DateComplaintFiled:03/23/2011
Component(s):ENGINEANDENGINECOOLING

DateofIncident:03/01/2011
NHTSAIDNumber:10392666

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
IHAVE2003MERCEDESBENZC230.WHENEVERIWOULDSTARTTHEVEHICLEITWOULDGIVEMEJERKORMAKENOISEANDFINALLYJUST
BEFORETAKINGITTOADEALERITSTALLED.IHADITTOWED.THEVEHICLEWASTAKENTOALOCALSHOP,WHICHSUGGESTEDTHATTHE
PROBLEMISMUCHLARGERANDNEEDSTHEATTENTIONOFTHEMANUFACTURERANDHENCETOTAKENTOTHEDEALER.ITWAS
DIAGNOSEDASTHETIMINGCHAINWASDEFECTIVEANDTHELOCALSHOPOWNERSAIDTHISWASACOMMONPROBLEMWITHTHISVEHICLE
ANDASERIOUSPROBLEMWITHMAJORCOSTTOFIX.THEMANUFACTURERWASCONTACTEDWHODIDNOTOFFERANYASSISTANCE.THE
VEHICLEISNOTREPAIREDASTHECOSTOFFIXISASLARGEASTHECARSCURRENTVALUE.THEFAILUREANDCURRENTMILEAGEIS
68,000.*TR

DateComplaintFiled:02/23/2011
Component(s):ENGINEANDENGINECOOLING

DateofIncident:01/22/2011
NHTSAIDNumber:10384138

AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable

0AssociatedDocuments
NumberofDeaths: 0

SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATWHENEVERSHEWOULDSTARTTHEVEHICLE,IT
WOULDJERKVIOLENTLY.THEVEHICLEWASTAKENTOALOCALREPAIRSHOPWHEREITWASDIAGNOSEDTHATTHECAMSHAFTSENSOR
WASLEAKINGANDTHETIMINGCHAINWASDEFECTIVE.THEMANUFACTURERWASCONTACTEDWHODIDNOTOFFERANYASSISTANCE.THE
VEHICLEWASREPAIRED.THEVINWASUNAVAILABLE.THEFAILUREANDCURRENTMILEAGEWAS92,000.

1200NewJerseyAvenue,SE,WestBuildingWashingtonDC20590USA1.888.327.4236TTY1.800.424.9153

EXHIBIT V2, PG 006

190
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