The URL can be used to link to this page

Home My WebLink AboutDD SYSTEMS INC. Recording Requested By, And When Recorded Mail To: Recorded in Official Records, Orange County City of Santa Ana Hugh Nguyen, Clerk-Recorder Public Works Agency,M-22 !!!! II 20 Civic Center Plaza I��I LI� '� III�I II I� Ilkl I I I I I I !!I II NO FEE Santa Ana,CA 92701 * $ R 0 0 1 1 7 6 6 6 9 7 $ * 2020000282624 12:06 pm 06118120 156 407A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 It 10 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused A construction of NEW PARK AT 6TH STREET AND LACY STREET under contract entered Se into on MARCH 5, 2019_, with D.D. SYSTEMS, INC. dba ACE CE, INC. , on which FE contract DEVELOPERS SURETY AND INDEMNITY COMPANY is surety. The property w °o on which such work improvement was placed is in the City of Santa Ana, County of Orange, C4 U o z State of California, and described as Project No. 18-2692 located at: 6th STREET AND oLACY STREET . The work improvement on said property was accepted as completed on a JANUARY 14, 2020. vZ, o CITY OF SANTA ANA,A MUNICIPAL CORPORATION Lv wp w F � by C Dated: 2- �enior Civil Engineer-Michael_Ortiz �+ TITLE ------------------------------------------------------------------------------------------- VERIFICATION 1, the undersigned, say: I am the City Engineer- Edwin "William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed o (A ne- �l `LO 2_e , at Santa Ana,Califo (Signature of individ swearing that the contents of Notice of ompietion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION THE REGISTER This spaco for /Miro] sump only 2190 TOWNE CENTER PL, ANAHEIM, CA 92806 Telephone (714) 796.7000 / Fax (714) 796.6059 (201.5.8 C.C.P,) State of California ) County of ORANGE ) ss Notice Type: BID -NOTICE INVITING BIDS Ad Description: NEW PARKAT 6TH AND LACY STREETS I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or Interested In the above entitled matter. i am the principal clerk of the printer and publisherof the THE REGISTER, a newspaper -published In the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1 905, Case No, A21046. That the notice, of which the annexed Isa printed copy,. has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 12/23/2018, 12128!2018 Executed on: 12/28/2018 At SANTA ANA,CA I certify (or declare) under penalty of perjury that the foregoing Is true and correct. MAYOR CITY MANAGER Miguel A. Pulido Raul Godsoz II MAYOR PRO TEM *8`„�; CITY ATTORNEY" Michele Martinez i,. Sonia R. Carvalho COUNCIL MEMBERS CLERK OF THE COUNCIL P, David Benavides. -• Marla D. Hulzar Vicente Sarmlento Jose Salorlo Sat Tlnalerc Juan Villages CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plane (M-20) RO. BOX 1688 •Santa Ana, California 02702 (714) 867.2700 • Fax (714) 973-1461 w eanta-anaorg NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTY CLERK From:. City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 .Project Title: New Park at 6th & Lacy Street Date of Approval: 02119/2019 Project Number(s): PWA -2019.62 -CITY Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number: ER -2019-4 Project Description: Development of new neighborhood park. .Applicant Name: Suzi Furjanic Applicant Address: 20 Civic Center Piz SANTA ANA, CA 92701 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Furjanic, Suzi Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (See, 15269 (a)) ❑ Emergency Project (Seo, 15269 (b through e)) ❑ General Rule (Sec. 16061(b)(3)1(5)) ❑ Statutory Exemption; 0 Categorical Exemption: 15304 Class 4 Reasorl Why Project is Exempt From CEQA: No healthy and/or mature trees will be removed as part of this project. City Contact: Suzi Furjanic Telephone: (714) 571-4241 p _ Signature: �� Title: r 5- Sr i /�t' ��%i!�'LG'I Date: SANTA ANA CI tY COUNCII, Miguel A. Fulda Michele Martinez vincente Sarmlento Jose $olodo P. David Benavides Juan Villages Sal Tmajem Mayor Mayor Pro Tem. Ward 2 Ward Ward Ward4 Ward Ward moulidg(hosantll�J6idkk.3016.:W[k,AJA •ys. t - a r Pooloro�santaana ora ;_Qpgp3yJ,ggslavanls-ena oro.. ;."jYlllggg;(gl,;sora-ane ora...l...£ODg[QI4C@santa-ane om APP 2 9 2019 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 18-2692 NEW PARK AT 6" -STREET AND LACY STREET This CONSTRUCTION CONTRACT is made and entered into this 5' 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 Inc. (hereinafter "CONTRACTOR"). WITNESSETH: 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 61h 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. rev. 09/01/2017 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: littn://www.santa-ana.org/nwa/documents/CW A.pddf 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. III Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. �4 .G f e _ NORMA1' Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 794/1 a.1►1► Assistant City Attorney FOR APPROVAL: G PE, PLS Public Works CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager CONTRACTOR: DD Systems Inc. dba Ace Cd Inc. NAME: Danny Daher TITLE: owner Page 3 of 3 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 United States Respondee Denny Daher Respondee Title CEO Phone 626-652.0257 Ext. Emall acecd99@gmall.com Vendor Type Licenso # 647907 CA DIR Bid Detail Bid Format Electronic Submitted January 22, 2019 1:23:30 PM (Patific) Delivery Method Bid Responsive Blit Status Submitted Confirmation # 164766 Ranking 0 Respondee Comment Buyer Comment Attachments File Title General Forms Ownership Nan Collusion Line Items Type Item Code Base Bid Proposal 1 Clearing, Grubbing and Demolition 2 Grading File Name Bid Pmposakigned-sgned.pdf Ownership Af idavit.pdf Bid Bond Signed.pdf Non Collusion Signed.pdf UOM Qty Unit Price LS 1 $47,272.50 LS 1 $30,984.00 PlanatBlds, Inc. Page 1 Printed 01123/2019 Exhibit A File Type General Forms Ownerahip A"davh (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 Lina Total Comment $47,272.50 $30,004.00 City of Santa Ana Page 2 New Park at 6th and Lacy Street (1 8.2692), bidding on January 22, 2019 2:00 PM (Pacitlo) Printed 01/23/2019 Bid Results Exhibit A Type Item Code UOM Qty Unit Price Line Total Comment 3 New Water Service LS 1 $17,400.00 $17,400.00 4 Site Drainage La 1 $28,200.00 $28,200.00 5 4° Thick PCC 8F 4125 $6.10 $33,412.50 6 4" Thick Stamped Concrete SF 003 $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 $1,560.00 $1,580.00 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 8' Wooden Bridge EA 2 $2,688.00 $5,376.00 14 Steel Fencing with Pilasters at 6th Street and Lacy Street LS 1 $39,109.60 $39,109.60 15 Steel Fencing and Pilasters at Skate Park LS 1 $81,692.70 $61,692.70 16 CMU Wall L9 1 $26,220.70 $26,220.70 17 Electrical Service and Lighting LS 1 $50,201.20 $58,201.20 18 Playground Equipment LS 1 $105,700.00 $106,700.00 PlanotOlds, City of Santa Ana EA 6 $1,340.00 Page 3 New Park at 6th and Lacy Street (18.2692), bidding on January 22, 2019 2:00 PM (Paollla) Printed 0112312019 Bid Results EA 3 Exhibit A Type Item Code UOM qty Unit Price Line Total Comment 19 RubberSudacing EA 3 $2,620.00 $7,860.00 - SF 3407 $18.82 $64,119.74 20 Butterfly Planter - Small EA 3 $1,582.00 $4,746.00 L$ 1 $4,200.00 $4,200.00 21 Butterfly Planter - Large EA 2 $1,890.00 $3,780.00 LS 1 $5,640.00 $6,040.00 22 Shade Sails with Posta EA 1 $2,760.00 23 Benches PlanotOlds, lnc. EA 6 $1,340.00 $8,040.00 24 Tables -Dining EA 3 $3,040.00 $9,120.00 25 Tables -Picnic EA 3 $2,620.00 $7,860.00 - 26 Trash Receptacles EA 3 $1,582.00 $4,746.00 27 Trash Receptacle - Recycle EA 2 $1,890.00 $3,780.00 28 Bike Rade EA 1 $2,760.00 $2,760.00 29 Drinldng Fountain EA 2 $13,200.00 $28,400.00 30 Fine Grading and Sail Preparation SF 18905 $0.24 $4,537.20 31 24" -Box Tree EA 13 $780.00 $10,140.00 32 15 -Gallon Tree EA 5 $360.00 $1,800.00 33 1 &Gallon Shrub EA 45 $180.00 $8,100.00 34 5 -Gallon Shrub EA 435 $72.00 $31.320.00 PlanotOlds, lnc. City of Santa Ana Page 4 New Park at 8th and Lacy Street (18-2692), bidding on January 22, 2019 2:00 PM (Paolllc) Printed 01/23/2019 Exhibit A Bid Results Type Item Code Will City Unit Price Lbw7otal Comment 35 1 -Gallon Shrub EA 476 $22.20 $10,567.20 36 Mulch CY 233 $42.00 $9,766.00 37 Irligatlon System LS 1 $45,300.00 $45,360.00 38 90 -Calendar Day landscape & Irrigation Maintenance Period LS 1 $4,200.00 $4,200.69 39 Labor Agreement Oversight LS 1 $10,000.00 $10,000,00 Subtotal $976,973.84 PlanotRida,Inc:. CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 18-2692 NEW PARI{ AT 6TH 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 -alternate 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. f 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.) P-4 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6'H AND LACY STREET BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: r�ll]Is "LVA III n The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Clearing, Grubbing and Demolition I LS $ 47,272.50 $ 47,272.50 2 Grading 1 LS $ 30,984.00 $ 30,984.00 3 New Water Service 1 LS $ 17,400.00 $17,400.00 4 Site Drainage 1 LS $ 28,200.00 $ 28,200.00 5 4" Thick PCC 4,125 SF $ 8.10 $ 33,412.50 6 4" Thick Stamped Concrete 603 SF $ 8.70 $5,246.10 7 Curb and Gutter 1 LS $ 5,460.00 $ 5,460.00 8 Concrete Skate Park I. LS $ 149,500.00 $ 149,500.00 9 Stepping Stones 1 LS $ 1,560.00 $1,560.00 10 Decomposed Granite Paving 1 LS $ 10,560.00 $10,560.00 11 Edging 417 LF $ 7.20 $ 3,002.40 12 Rock Cobble Swale 1 LS $ 24,000.00 $ 24,000.00 13 8' Wooden Bridge 2 EA $2,688.00 $2,688.00 14 Steel Fencing with Pilasters at 6" Street and Lacy Street I LS $ 39,109.60 $ 39,109.60 P-1 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6Tx AND LACY STREET Item Description Qty Unit Unit Price Amount 15 Steel Fencing and Pilasters at Skate Park I LS $ 61,692.70 $ 61,692.70 16 CMU Wall 1 LS $ 26,220.70 $26,220.70 17 Electrical Service and Lighting 1 LS $ 58,201.02 $ 58,201.02 18 Playground Equipment 1 LS $105,700.00 $105,700.00 19 Rubber Surfacing 3,407 SF $18.82 $ 64,119.74 20 Butterfly Planter - Small 1 LS $ 4,200.00 $4,200.00 21 Butterfly Planter - Large 1 LS $ 5,640.00 $ 5,640.00 22 Shade Sails with Posts 1 LS $ 63,600.00 $ 63,600.00 23 Benches 6 EA $ 1,340.00 $ 8,040.00 24 Tables — Dining 3 EA $ 3,040.00 $ 9,120.00 25 Tables - Picnic 3 EA $ 2,620.00 $ 7,860.00 26 Trash Receptacles 3 EA $1,582.00 $4,746.00 27 Trash Receptacle - Recycle 2 EA $ 1,890.00 $3,780.00 28 Bike Rack 1 EA $ 2,760.00 $ 2,760.00 29 Drinking Fountain 2 EA $ 13,200.00 $ 26,400.00 30 Fine Grading and Soil Preparation 18,905 SF $ 0.24 $4,537.20 31 24" -Box Tree 13 EA $ 780.00 $ 10,140.00 32 15 -Gallon Tree 5 EA $ 360.00 $ 1,800.00 33 15 -Gallon Shrub 45 EA $ 180.00 $ 8,100.00 34 5 -Gallon Shrub 435 EA $ 72.00 $ 31,320.00 35 1 -Gallon Shrub 476 EA $ 22.00 $ 10,567.20 P-2 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6'H AND LACY STREET Item Description Qty Unit Unit Price Amount 36 Mulch 233 CY $ 42.00 $ 9,786.00 37 Irrigation System 1 LS $ 45,360.00 $ 45,360.00 38 90 -Calendar Day Landscape & Irrigation Maintenance Period 1 LS $ 4,200.00 $ 4,200.00 39 Labor Agreement Oversight 1 LS $1.0,000 $ 10,000 TOTAL BASE BID $ 976,973.84 ADD ALTERNATE BID 1: Item Description Qty Unit Unit Price Amount 40 Electrical Service and Lighting in Public Right -of -Way 1 LS $ 49,535.30 $ 49,535.30 P-3 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH 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 -alternate 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.) P-4 of 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.) P-5 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND 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: iGPI6I11L:I Er] 06/30/2020 Title: CEO 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) P-7 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6'H AND LACY STREET .!]M/►IaoilMeIIUFO001R7_ MII STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) being duly swom, deposes mid 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. ORPORATION That he is of _�>tj 5��JEOIK !1'k( a 441>ct /V i< C D 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. Si ature.tl � gn 7Bidder -- " Subscribed and sworn to before me this 2 Si day of 201 D 4 49cic- Signature of officer Administering Oath (Notary Public) t.+► SEAN H. HOUSTON Notary Public -California _ I'm y1ngeles wanly 9214SS P-8 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6'H AND LACY STREET u:m 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 project, 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" this day of 20 Signature— Notary Public in and for the County of State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-9 of P-18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11B& 1+'S\\.4 '� ♦ FT a v`i .. 1. va .v\'.0 N.��.:� � • \<S\'.� m �:i v' S. 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 the document. State of California County of Orange On 01/11/2019 before me; A. MacFarlane, Notary Public Date Here Insert Name and Title of tha Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that tWshe7they executed the same in his/her/their authorized capacity(iles), and that by his/her/their signatureZ4on the instrument the person(s) or the entity upon behalf of which the persons acted, executed the instrument. 'A. MACFARLANE Notary Public - California Orange County > Commission # Mar 27,2 Mar My Comm. Expires 27, 20?t Place Notary Seal Above 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. Signature Signature of Notary Public 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 1 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 5?Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �. _D_eyelopers Surety and Indemnity Company Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www,NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 SURETY AND 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 lheirlrue and lawful Altorney(s)-in-Fact, 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 Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or properto 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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any tweet the Chairman of the Board, the President, Executive Vice -President, Senior Vlce-President cr any Vice President of the corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, qualifying the attorney(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 elther of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cehlficate 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 to which it Is 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, 2018. By Kr i?yC"1.�t"rf' E...�"f Vfi• ,.�tAND, ry0..* yA7HPdY 4A` Daniel Young, Senior Vice -President r�':a pvOa+roNy2 V'•f^" ? Fr 1936 ° G By: LIP OR+••D�: Mark Lansdon,Vice-President °d0'•••••'•*da•,` 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 October 4, 2018 before me, Lucille Raymond, Notary Public Data Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(.) of Signed.) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iI subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized ,A.fAtrr�nA►� capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLI RAYMOND which the person(s) acted, executed the instrument. Notary Public - California ` = Orange County i '... Commission N 2258185 r °sem My Comm. Expires Oct 13, I022 11 Place Notary Seal Above 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. Signature Lucill9 R y rond, Notary Public CERTIFICATE w� The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAttorney remains In full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney are In force as of the date of this Certificate. This Certificate is executed In the City of Irvine, California, this 11th dayof January 2019, YANP/,y OgLi'ANY.. By "; 1936 Cassie J; rrisford, Assistant Se'tary %0,.c9LFF Bon°AgOF* 730.,, }.r •� <IFSIR ATS -1002 (10118) s r CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6THAND 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 $10,000, whichever is greater o Buildings, parks, or other projects: %2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Estes Paving License #/Exp. 352573 /4/30/2020 DIR Reg. #/Exp. 1000014187 / 6/30/2019 Location Riverside Phone 951 6819616 Type Of Work Asphalt Concrete Amount$ 1F,000 Name Barrera Landscape License #/Exp. 987313 1913012019 DIR Reg. #/Exp. __1_g�5587^ // 6/3% License # 987313 Location Ontario Phone 951 7323295 Type Of Work Landscape Amount $ 60,000 Name Spohn Ranch Inc, License #/Exp. 761475 / 4/30/2019 DIR Reg. #/Exp. 1060005197 / 6/30/2019 License # 761475 Location Los Angeles Phone 626 3305803 Type Of Work Skate Park Amount $ 135,000 Signature of Bidder Name Community Playgrounds Inc License 9/Exp. 362950 / 10/31/2020 DIR Reg. #/Exp. 1000008753 / 6/30/2019 Location Vallejo, CA Phone 415 892-8100 Type Of Work Playground Install Amount $ 25,592 Narne 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 4/Exp. 332890 / 10/31/2020 DIR Reg. 4/Exp. 1000005592 /6/30/2019 License # 332890 Location Riverside, CA Phone 9515154117 Type Of Work Fencing Amount $ 35,000 and 20,000 P-10 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6 T 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: '/2% 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 4/Exp. 225174 / 6/30/2020 DIR Reg. #/Exp. 1000001155/6/30/2019 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 9514273400 Type Of Work Electric Amount $ 48,501.00 Name License 4/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. 4/Exp. Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg. 4/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-10 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6 n AND LACY STREET REFERENCES 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. Kell! 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 P-11 of P-18 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. 1. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. 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. P-12 of P-18 A notary public or other officer completing this certificate verifies only the identity of the indi- CITY OF SANTA ANA vidual who signed the document to which this PROPOSAL 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 prosecution. Signed State of California County of JOS4!1e_-f1 t S Subscribed at d sworn to (or affirmed) before me on this 19) day of 14tJLL 20A$ by 1 proved to me on the basis of satisfactory evidence to be the person(a) who appeared before me Notary Public Seal 1'.Mt JONWA JAMES SPENCER Commission No.2133971 J,�NOTARYPUBLIC-CALIFORNIA g LOS ANGELES COUNTYY.COMM, Expires NOVEMBER 15, 2019 P-13 of P-18 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. P-14 of P-18 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 P-15 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6"' -'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: Title: CEO Firm: DD Systems Inc; dba Ace Cd Inc. Date: 01/22/2019 P-16 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6TH AND 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 Title: CEO Finn: DD Systems Inc; dba Ace Cd Inc. Date: 01/22/2019 P-17 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2692 NEW PARK AT 6T" 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 P-18 of P-18 DID SYSTEMS, INC. Danny Daher 147 W. Route 66 #431 Glendora, CA 91740 PC" OF SAWAANA UBLI C'OORKSAGENCY-M22 CITY HALL ROSS ANNEX Sap FLOOR 20 CIVIC CENTER �LAzA SAWFAANA, CA 92701 6%A So- uvf)'-�7 f&' V, " pm, -,c -c -LF �4 a�p( Lacy 34-,-ee{- �rf-O�fc�- 4 k9- 2U `N CL, �1(1 of sa"V� '9x c1 It- ckvte.e v Dj&1Z\R- I c) I sv\o'� A, -\A � C'q 9 ), � Lqj U19 M Z �'Vv pn-) CITY OF SANTA ANA BONDS PROJECT NO.: 18-2692 Bond No. 380265P Premium: $13,270.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 1 Counterpart KNOW ALL MEN BY THESE PRESENTS that D D Systems Inc DBA Ace CD Inc as CONTRACTOR, and Developers Surety and Indemnity Company a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Nine Hundred Seventy Six Thousand Nine Hundred Seventy Three and 84/100 Dollars ($ 976,973.84 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. *of California THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated March 5, 2019 for Project 18-2692 - New Park at 6th Street and Lacy Street if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 7th day of March 2019 . CONTRACTOR* D D §.vst mus Inc DBA Ace CD Inc - 1199 Englewild Drive, G SURETY* De eloperAurety and Indemnity Company - 500 South Kraemer 52 0EIZlin —fWl Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me, **Please See Attached** 20 Signature: Notary Public in and for the County of Rate of premium on this bond is $ ** Total amount of premium charge is $ 13,270.00 State of i, CA 91741 - Phone (626) 523-1141 Suite 300, Brea, CA 92821 this day of erthousand. To be filled In by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. **FIRST $100,000 x $25.00 = $2,500.00 NEXT $400,000 x $15.00 = $6,000.00 NEXT $476,973.84 x $10.00 = $4,769.74 1 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § ll'Q. <'. '�uy`�... esi<.:'S�<S.�-r• e� S.. Nee : . .. di F. r<..r• ai. S .w .m .a mS ,n•, u�atvyn 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 03/07/2019 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer'(sl who proved to me on the basis of satisfactory evidence to be the persons) whose name* is/me subscribed to the within instrument and acknowledged to me that iie/she/they executed the same In f Wher/their authorized capacity(lbs), and that by his/her/their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A. MACFARLANE Notary Public -California / / orange County Signature G/9�� Commission # 2188592 .-. My comm. expires Mar n, 2021 Signature of Notary Public 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: Performance Bond No. 380265P Document Date: _03/07/2019 Number of Pages: One 1 Slgner{s) Other Than Named Above: Capacity(ios) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual WAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer 15 Representing: ` Developers Surety p_djndemnity Company Signer's Name: d Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -600 -US NOTARY (1-800-676-6627) Item #5907 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 SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***William Syrdn, Sergio D. Bechara, Rebecca Haas -Bates, Richard Adair, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, 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 Attorneys) In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be doneinconnection 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 Aflorney(s)-in-Fad, pursuant to these presents, are hereby ratified and confirmed. This Power ofAltorney 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 CALIFORNIA, effective as of January let, 2006. RESOLVED, that a combinallon of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations he, and that each of them hereby Is, authorized to execute this Power of Attorney, qualifying the alforney(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 Attorney', RESOLVED, FURTHER, that the signatures of such officers may he 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 to which it is 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 4th day of October, 2018, By r +r'?t'7M,R.t'' t^"Tli�'9` �ylll,ll'z,,,, �PANYA �op ANO � �,J`<,'.••opPr'/yr'T. �Fq�: G 4}P4i1 Ev Daniel Young Senior Vica-President G� 1936 s: n By: Mark Lansdon, Vice -President 9q'•*•"hd ,,� Iuu1u1•'� 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 October 4 &1-8 before me, __ Lucille Raymond Notary Puhlic Data Here Insect Name and Title or the under personally appeared _-. Daniel Young and Mark Lansdon_ _ Name(s) of Signers) a Ift►�YiA�I LUCILLE RAYMOND Notary Public - California y�as:•S = Orange County ` Commission M 2258185 My Comm. Expires Oct 131 I022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the presents) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature FI Lucill day ond, Notary Public CERTIFICATE 4! The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. In11 r This Certificate is executed in the City of Irvine, California, this 7th day of March 2019. tY Avc eN 0011A11.015,,,4...Z?By, 1936Cassie) msford, Assistant Se Lary ATS -1002(10118) 1111111111"ly CITY OF SANTA ANA BONDS PROJECT NO.: 18-2692 PAYMENT BOND Bond No.: 380265P Premium is included in the performance bond Executed in: 1 Counterpart KNOW ALL MEN BY THESE PRESENTS that D D Systems Inc DBA Ace CD Inc as CONTRACTOR, and Developers Surety and Indemnity Company a corporation, organized and existing under the laws of the State;` and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Nine Hundred Seventy Six Thousand Nine Hundred Seventy Three and 84/100 Dollars ($ 976,973.84 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. *of California THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated March 5, 2019 for Project 18-2692 - New Park at 6th Street and Lacy Street if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 7th day of March 2019 . CONTRACTOR* D D Systems Inc DBA Ace CD Inc - 1199 Englewild Drive, Glendora, CA 91741 - Phone (626) 523-1141 SURE,fy* � opers Surety and Indemnity Company - 500 South Kraemer Blvd., Suite 300, Brea, CA 92821 'tk�� Vu Ho (714) 784-5660 Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me, **Please See Attached** this day of 20 Signature: Notary Public in and for the County of State of Rate of premium on this bond is $ * per thousand. Total amount of premium charge is $ Included in Performance Bond . To be filled in by Surety *Provide CONTRACTOR I ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. **FIRST $100,000 x $25.00 = $2,500.00 NEXT $400,000 x $15.00 = $6,000.00 NEXT $476,973.84 x $10.00 = $4,769.74 2 of 3 a..a..m•.a� s c, a .rv�• a . .m 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 03/07/2019 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(st who proved to me on the basis of satisfactory evidence to be the person(* whose names) is/me subscribed to the within instrument and acknowledged to me that ine/she/they executed the same in his/her/tha r authorized capacity(bs), and that by hts/her/their signatures on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. A. MACFARLANE Notary Public - California a Orange County r q■ Commission # 2188592 1 My Comm.Expires Mar27,2021 Place Notary Seal Above 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. Signature' Signature of Notary Public 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: Payment Bond No. 380266P Document Date: 03/07/2019 Number of Pages: One 1 Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual (a Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ Developers Surety and Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 71 Other: Signer Is Representing: _ 02014 National Notary Association, www.NationalNotery.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 SURETY AND 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 true and lawful Attorney(s)-in-Fact, 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 Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as 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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed, This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,8111 a as of January 1 at, 2000. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, qualifying the altorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undedakings 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 Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cenlficate 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 to which it is 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 4th day of October, 2018, By f ia.. .- e.'.AND iNo.,,, },PANyO Damel Young, Senior Vice -President y� raF;N p` 1936 1g: ?cT s n Mark Landon, Vim -President 1do'•*••'jd°,6 4sAo' 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 October 4 2018 before me, Lucille Raymond Notary Public Tela Here Insert Name and Tule of the eMwr personally appeared Daniel Young and Mark Landon Nameie) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose Temple) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized .yrl capacity(ies), and that by hislhentheir signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE PAYMOND which the Person(s) acted, executed the instrument. Notary Public - California Orange County Commission if 225g1g5 i My Comm. Expires Oct 13, I022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.,. Signature ___.____._.__ _._ Lucilltoylihond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are In force as of the date of this Certificate, - This Certificate is executed in the City of Irvine California, this 7th Byli q z � Casi V rrisford, Assistant Se tory ATS -1902 (lona) day of March , 2019. YANe,N kYAd@ Y of- 1936 O..............R :a F2 p.p,ruo,na` �