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Home My WebLink About23A - NEW PARK AT 6TH & LACYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2019 TITLE: AWARD CONSTRUCTION CONTRACT TO DD SYSTEMS INC. FOR A NEW PARK AT 6TH STREET AND LACY STREET (PROJECT 18-2692) (STRATEGIC PLAN NO. 6, 1G) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to DD Systems Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $976,973.84, for the term beginning upon execution of the contract and ending upon project completion, for construction of a new park at 6th Street and Lacy Street, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,221,218, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $97,698. DISCUSSION This project involves creation of a new neighborhood park on a 0.42 -acre vacant site located east of Downtown Santa Ana, on the southwest corner of 6th and Lacy Streets (Exhibit 1). The site was formerly three vacant homes that were acquired by the City of Santa Ana, demolished, and rezoned to Open Space to provide more outdoor recreation opportunities for the Lacy Neighborhood community. The City's Parks, Recreation and Community Services Agency held several community outreach meetings to collect input for the park. A playground for children, teaching area for active lifestyle classes such as Zumba and yoga, and passive areas were among the ideas shared by the residents, and these elements were used to develop the park concept plan. The new park amenities include a playground, picnic area, skateboarding area, walkways, outdoor class area with shade structure, rock bioswale, water -wise landscaping, drip irrigation system, benches, picnic tables, bike racks, and drinking fountain. 23A-1 Award Construction Contract for a New Park at 6th and Lacy Streets March 5, 2019 Page 2 A Notice Inviting Bids was advertised on December 23 and December 28, 2018, and bids were opened on January 16, 2019. The following is a summary of the bid invitations made and the bids received. Contractor Participation Data Santa Ana contractors receiving notices 25 Contractors requesting bidding documents 32 Bids received 8 Bids received from Santa Ana contractors 0 Outreach To provide an opportunity for local vendors to submit bids, the City is now utilizing the PlanetBids web -based system. Through this system, 25 qualified local vendors were notified of the opportunity to bid on this project. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 DD Systems Inc. Glendora $976,974 2 JMJ Construction Winchester $1,110,111 3 CEM Construction Corp Downey $1,168,578 4 Aramexx Construction Claremont $1,173,455 5 YAKAR Covina $1,176,237 6 Landscape Support Services Sherman Oaks $1,203,536 7 United GLI Carlsbad $1,219,704 8 C.S. Legacy Construction, Inc. Ontario $1,274,526 A total of eight bids were received and all bids were deemed responsive. DD Systems Inc. submitted the lowest responsive bid in the amount of $976,973.84 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to DD Systems Inc. in the amount of $976,973.84 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, etc.). 23A-2 Award Construction Contract for a New Park at 6th and Lacy Streets March 5, 2019 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2019-4 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,221,218, which includes the construction contract, administration, inspection, testing, surveying, and an authorized contingency of $97,698. Funding in the amount of $407,947 is available in the Housing -Related Parks Program (HRPP) Grants (Account No.16113267-66220), $628,271 is available in the District 2 A&D Fund Improvements Other Than Building account (No.31213260-66220), and $185,000 is available in General Fund (Account No.01113260-66220). All funds for project 18-2692 will be expended in Fiscal year 2018/19. APPROVED AS TO FUNDS AND ACCOUNTS: n F d weiss, PE, PLS Kathryn D ns, CPA &P(on) �(jb1) Executi Director Executive Director Public rks Agency Finance and Management Services Agency Parks, Recreation & Community Services Agency FSS/EWG/TC/MO Exhibits: 1. Project Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 23A-3 23A-4 `S� PFF ORO O^P cENj/ 4TH ST LEGEND PROJECT LOCATION SANTA ANA � PROJECT 18-2692= _ p■ ,A' /� . NEW PARK 6TH STREET AND LACY STREET n: c os .cLa. "EXHIBIT 1 23A-5 IT PAGE 1 OF 1 23A-6 City of Santa Ana New Park at 6th and Lacy Street (18-2692), bidding on January 22, 2019 2:00 PM (Pacific) Bid Results Bidder Details Vendor Name DD Systems Inc. = Address 147 W. Route 66 #431 Glendora, CA 91740 UNted States Respondent Danny Daher Respondee Title CEO Phone 626-852-0257 Ext. Email acecd99@gmall.com Vendor Type License # 847907 CADIR Bid Detail Bid Format Electronic Submitted January22, 2019 1:23:30 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Cotdlrmatlon # 164785 Ranking 0 Respondee Comment Buyer Comment Attachments File Title General Forms Ownership Bid Bond Nan Collusion Line Items Type Item Code Base Bid Proposal 1 Clearing, Grubbing and Demolition 2 Grading File Name Bid Prcposal-signed-signed.pdf Ownership Affldavit.pdf Bid Bond Signed.pdf Non Collusion Signed.pdf Uom qty Unit Price LS 1 $47,272.80 LS 1 $30,984.00 PI02 3rl$►1 d 7 Page 1 Printed 01/23/2019 EXHIBIT 2 Flle Type General Forms Ownership Affidavit (Notary Public)- REQ Original Hard Copy Submittal In Addition Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal In Addition Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Line Total Comment $47,272.50 $30,984.00 City of Santa Ana Page 2 New Park at 6th and Lacy Street (1 &2692), bidding on January 22, 2019 2:00 PM (Paclilc) Printed 01/23/2019 Bid Results Type Item Code UOM City Unit Price Line Total Comment 3 New Water Service LS 1 $17A00.00 $17,400.00 4 Site Drainage LS 1 $28,200.00 $28,200.00 6 4° Thick PCC SF 4125 $8.10 $33,412.50 6 40 Thick Stamped Concrete SF 603 $8.70 $5,246.10 7 Curb and Gutter LS 1 $5,460.00 $5,460.00 8 Concrete Skate Park LS 1 $149,500.00 $149,500.00 9 Stepping Stones LS 1 $1,580.00 $1,660.00 10 Decomposed Granite Paving LS 1 $10,560.00 $10,560.00 11 Edging _ LF 417 $7.20 $3,002.40 12 Rock Cobble Swale LS 1 $24,000.00 $24,000.00 13 6' Wooden Bridge EA 2 $2,688.00 $5,376.00 14 Steel Fencing YM Pilasters at 8th Street and Lacy Street LS 1 $39,109.60 $39,109.60 15 Steel Fencing and Pilasters at Skate Park LS 1 $61,692.70 $61,692.70 16 CMU Wall LS 1 $26,220.70 $26,220.70 17 Electrical Service and Lighting LS 1 $58,201.20 $58,201.20 18 Playground Equipment LS 1 $105,700.00 $105,700.00 Plan"Zl fine City of Santa Ana Page 3 New Park at 6th and Lacy Street (18-2692), bidding on January 22, 2019 2:00 PM (Pacific) Primed 01/2312019 Bid Results Typo hem Code UOM City Unit Price Llne Total Comment 19 RubberSuftcing SF 3407 $18.82 $64,119.74 20 BuherilyPlanter - Small LS 1 $4,200.00 $4,200.00 21 Butterfly Planter - Large LS 1 $5,640.00 $5,640.00 22 Shade Sails with Posts LS 1 $51,600.00 $51,600.00 23 Benches PA 6 $1,340.00 $8,040.00 24 Tables - Dining FA 3 $3.040.00 $9,120.00 25 Tables -Picnic FA 3 $2,620.00 $7,860.00 26 Trash Receptacles FA 3 $1,682.00 $4,746.00 27 Trash Receptacle - Recycle FA 2 $1,890.00 $3,780.00 28 Bike Rack FA 1 $2,760.00 $2,760.00 29 Ddnldng Fountaln FA 2 $13,200.00 $26,400.00 30 Rne Grading and Soil Preparation SF 18905 $0.24 $4.537.20 31 240 -Box Tree FA 13 $780.00 $10,140.00 32 15 -Gallon Tree EA 5 $360.00 $1,800.00 33 16 -Gallon Shrub FA 45 $180.60 $8,100,00 34 SGallon Shrub FA 435 $72.00 $31,320.00 P102 JA U9 City of Santa Ana Page 4 New Park at 6th and Lacy Street (1B-2892), bldding on January 22, 2019 2:00 PM (PacMc) Pdrded 0112al2019 Bid Results Type Item Code UOM Qty Unit Price Liao Total Comment 35 1 -Gallon Shrub EA 478 $22.20 $10,567.20 36 Mulch CY 233 $42.00 $9,786.00 37 Irrigation System LS 1 $45,360.00 $45,360.00 38 90 -Calendar Day Landscape & Irrigation Maintenance Period LS 1 $4,200.00 $4,200.00 39 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $976,973.84 Add Alternate Bid 1: 40 Electrical Service and Lighting In Public Right -of -Way LS 1 $49,535.30 $49,635.30 Subtotal $49,535.30 Total $1,026,509.14 PI L JAaoi o CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6m AND LACY STREET Item Description Qty Unit Unit Price Amount TOTAL ADD ALTERNATE BID 1 $ 49,535.30 TOTAL BASE BID $ TOTAL ADD ALTERNATE BID 1 $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-altemate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within NINETY (90) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $833.00 per calendar day. Name of Firm DD Systems Inc; dba Ace Cd Inc. Signature of BIDDER Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) 23A-11 P-4 o P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm DD Systems Inc; dba Ace Cd Inc. Signature of BIDDER Title CEO (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6THAND LACY STREET CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: DD Systems Inc; dba Ace Cd Inc. Business Address: 147 W. Route 66 #431 Glendora, CA 91740 Business E -Mail Address: acecd99@gmail.com Telephone: 626 852 0257 State Contractor's License No. and Class: 847907 A, B, C27 License Expiration Date: 10/31/2020 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: 1000019148 06/30/2020 Title: CEO 23A-13 P-6 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm DD Systems Inc; dba Ace Cd Inc. Signature of BIDDER Title CEO (if an individual, so state) ?�oOAfg14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTAANA) being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by. - who constitute the other members of the co -partnership. ;CORPORATION That he is of: 1b -, j ms 11.1 r d bcr kr c D vvc, a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signatur Bidder Subscribed and sworn to before me this day of - NO VU, / 20 4 0 ,- Signature of officer Administering Oath (Notary Public) AN H. HOUSTON Nalary PUhRc-Ca@cmia `'*.: LosArgdes Ccvrh( '- A 22 M3 My2omm,€ phea9c115.2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 67" AND LACY STREET KNOW ALL PRESENT that, D D Systems Inc DBA Ace CD Inc , as BIDDER, and Developers Surety and Indemnity Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Total Amount Bid Dollars ($10% of Bid ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated projcct, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 11th day of January 2019. BIDDER* D D Systems Inc DBA Ace CD Inc 1199 Englewild Drive, Glendora, CA 91741 (626) 523-1141 SURETY* Developers Surety and Indemnity Company 500 South Kraemer Blvd., Suite 300, Brea, CA 92821 Vu Ho (714) 784-5660 Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me **See Attached" 20 Sigriatur - . N6tary Publicin and for the County of State of Pfovide-BIDDER/ SURETY name, address, and telephone address, and telephone number of authorized representative. this number and the name, title, CALIFORNIA ALL-PURu' r v.0 t D •,t M CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of Orange ) On 01/11/2019 before me, A• MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name('s),of SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/ara subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in his/her/their authorized capacity(, and that by his/her/their signaturejs) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A.MACFARLANE ":' Notary Public -California Signature.�s!/`<�� g Orange County 'Signature of Notary Public z Commission a 2188592 - My Comm. Expires Mar 27.2021 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 01/11/2019 Number of Pages: One I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ( Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surely End Indemnity Comoanv Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nther. Signer Is Representing: u%w¢'v 'gcQ;ti rv0.. .y dq�4«'SL.v"<v a '.vq'Y'riv 'v4wPvsV4r'+N:. 'v 'rvA 'v'✓q'a{�s<wi 'a -GCC 23A-17 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint "William Syrkin, Sergio D. Bechara, Rebecca Haas -Bates, Richard Adair, jointly or severally" as their tme and IawrulAltomey(syin-FwL to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Abmey(s)4n-Fact full pourer and authority to do and to pedorm every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Agorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA, effective as of January 1st 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President. Senor VuaLPresident or any Vice President of the corporations be, and that each of Nem hereby is, authorized to execute this Power of Attorney, qualifying the altomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship N which 81s attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 41h day of October, 201 B. By: AND /:yp •.,• Q\\PnNY Off` Daniel Young, Senior Vice -President .b,.ay 67LI ' E 1936 i <' By: .••*••'rxsa,,. h 'yI.TOPx` Mark Lansdon, Vice -President Anotary public or other officer completing this certificate verifies only the identify of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 4. 2018 before me, Lucille Raymond, Notary Public DA Hem Insert Nerve aME Tae of ee OfEw personally appeared Daniel Young and Mark Lansdon Name(s)olsgne:(s) _ LUCILLE RAYMOND Notary Public - California i nF_Orange County Commission f 2258185 My Comm. Expires Oct 13. 2022 Place Notary Seal Above who proved to me on the hasts of satisfactory evidence to be the person(s) whose name(s) islam subscribed to the within instrument and acknowledged to me that helsheMey executed the same in h'slherAheir authorized capacily(ies), and that by hislhaftelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is We and correct. / WITNESS my hand and official seal. 1 Signature Lucill Ray ond, Notary Public + CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Pourer of Attomey remains in full force and has not been revoked and, furthermore, that the previsions of the resolutions of The respective Boards of Directors of said corporations set forth in the Pourer of Attorney are in force as of the date of This Certificate. - _ ,......a,•., �Th�isrtificeh �Celeexecu/t/e�dLln�the City of Irvine, Cafifomia, this 11th day or January 2015_ -- ."•'"`YPr+4+ O!sQ^Nr ♦l'•iIW / - _ - ``rOP' 'oMgnN dtiyZ`�_ OCT.+�`�200PC n S By Cass* AssiafanlS lacy C9(IFOP�rr- ATS-1002 (10110) 23A-18 = - CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %:% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Estes Pavin License #/Exp. 352573 / 4/30/2020 DIR Reg. #/Exp. 1000014187 16130/2019 Location Riverside Phone 951681 9616 Type Of Work Asphalt Concrete Amount $ i r nnn Name Barrera Landscape License #/Exp. 987313 / 9/30/2019 DIR Reg. #/Exp.^5597^ / s/3%— License # 987313 Location Ontario Phone 951 7323295 Type Of Work Landscape Amount $ 60,000 Name Spohn Ranch Inc, License #/Exp. 761475 14/30/2019 DIR Reg. #/Exp. 1000005197 / 6/30/2019 License # 761475 Location Los Angeles Phone 626 3305803 Type Of Work Skates Park Amount $ 135,000 Signature of Bidder Name Community Playgrounds Inc License #/Exp. 362950 / 10/31/2020 DIR Reg. #/Exp. 1000008753 16/30/2019 Location Vallejo, CA Phone 415 892-8100 Type Of Work Playground Install Amount $ 25,592 Name Gotham License #/Exp. 818468 / 4/30/2019 DIR Reg. #/Exp. 1000012699 /6/30/2019 License # 818468 Location San Diego, CA Phone 619 696 8841 Type Of Work Rubber Surfacing Amount $ 53,800 Name EI Rod Fence License #/Exp. 332890 110/31/2020 DIR Reg. #/Exp. 1000005592 / 6/30/2019 License # 332890 Location Riverside, CA Phone 9515154117 Type Of Work Fencing Amount $ 35,000 and 20,000 23A-119j P-10 of P- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Bithell, Inc. License #/Exp. 225174 / 6/30/2020 DIR Reg. #/Exp. 100000115516/3012019 Location Covina Phone 626 331 2292 Type Of Work Graffiti Coating Amount $ 5,337.00 Name db Electric Inc. License #/Exp. 1010474/1/31/2021 DIR Reg. #/Exp. 1000046972 / 6/30/2019 License # 1010474 Location Eastvale, CA Phone 951 4273400 Type Of Work Electric Amount $ 48,501.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ pp �A I 1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 City of Glendora 116 E.Foothill Blvd. Glendora, CA 91741 Name and Address of Owner. Dave Davies 626 914 8260 Name and Telephone Number of person familiar with project. 693,458 Bike Trail 6/23/2018 Contract Amount Type of Work Date Completed 2. City of Irwindale 5050 N. Irwindale Ave. Irwindale, CA 91706 Name and Address of owner. Francisco Carrillo 626 705 5723 Name and Telephone Number of person familiar with project. 674,656 Block Wall 6/15/2018 Contract Amount Type of Work Date Completed 3 City of Signal hill 2175 Cherry Ave. Signal hill CA 90755 Name and Address of owner. Kelli Tunnicliff 562 989 7358 Name and Telephone Number of person familiar with project. 662,991 Dog Park 3/16/2018 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Millennium Corporate Solutions 5530 Trabuco Road. Irvine, CA 92620 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 0 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. RJOW? A notary public or other officer coinpletin6this certificate verifies only the identity of the indi- CITY OF SANTA ANA vidual who signed the document to which this PROPOSAL certificate is attached, and not the truthfulness. accuracy, or validity of that document. PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal orosecution. Signed State of California County of 41S AMA, et S Subscribed arld sworn to (or affirmed) before me on this _a day of 5,g2v, 20_by j proved to me on the basis of satisfactory evidence to be the persona) who appeared before me Notary Public Seal JOSHUA JAMES SPENCER Commission No.2133971 z a`t m NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY My Com. Expires NOVEMBER 15, 2019 23"1318 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. jj.134 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: CEO Firm: DD Systems Inc; dba Ace Cd Inc. Date: 01/22/2019 23A-25 P-15 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Al r r -n Title: CEO Firm: DD Systems Inc; dba Ace Cd Inc. Date: 01/22/2019 > 14'P2g6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6THAND LACY STREET STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Danny Daher — A, ---44 � r-„ Title: CEO Firm: DD Systems Inc; dba Ace Cd Inc. Date: 01/22/2019 23A-27 P-17 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND LACY STREET PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No 31 If the answer is yes, explain the circumstances in the following space. 21� of P28$ CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 18-2692 NEW PARK AT 6m STREET AND LACY STREET This CONSTRUCTION CONTRACT is made and entered into this 5s' day of March, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY'), and _ DD Systems_Inc. dba Ace Cd hie. (hereinafter "CONTRACTOR"). The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the New Park at 6`s Street and Lacy Street Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nine Hundred Seventy -Six Thousand Nine Hundred Seventy -Three Dollars and eighty -Four Cents ($976;973.84), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. mv. 09/01/2017 23A-29 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org(pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A-30 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ?it'. -f.,& J HN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager CONTRACTOR: DD Systems Inc. dba Ace Cd Inc. NAME: TITLE: 23A-31 Page 3 of 3 23A-32 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-2692: NEW PARK AT 6TH STREET AND LACY STREET Construction Contract $ 976,973.84 Contract Administration $ 66,500.00 Inspection and Testing $ 80,046.16 Contingencies $ 97,698.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ -1,221;218.00 EXHIBIT 4 23A-33 23A-34